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HomeMy Public PortalAbout20070725 - Agenda Packet - Board of Directors (BOD) - 07-15 s. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 07-15 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:00 p.m. Wednesday,July 25, 2007 330 Distel Circle, Los Altos, California Please Note: 5:00 p.m. Special Meeting Closed Session Start Time 7:30 p.m. Regular Meeting Start Time REVISED AGENDA* 5:00 ROLL CALL CLOSED SESSION The Special Meeting Closed Session will begin at 5:00 p.m. At 7:30 p.m.,the Board will convene the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Closed Session. 1. Conference with Legal Counsel—Existing Litigation,California Government Code§ 54956.9(a) Name of Case—Citizens for Responsible Open Space v. San Mateo County LAFCo,Midpeninsula Regional Open Space District,Court of Appeals, First Appellate District,Case No. A 11685 2. Conference with Legal Counsel—Existing Litigation,California Government Code§ 54956.9(a) Name of Case—Midpeninsula Regional Open Space District v.Lysons, Santa Clara County Superior Court Case No. 1-07-CV-081193 3. Conference with Real Property Negotiators—California Government Code§54956.8 A. Real Property— Santa Clara County APNs 351-38-006, 009, 011 and 012, 18800 Monte Bello Road, Cupertino,California Agency Negotiator—Craig Britton, General Manager and Mike Williams, Real Property Manager Negotiating Party—Paul Draper Under Negotiation—Terms of real property transaction B. Real Property—San Mateo County APN 066-230-030, 2050 Purisima Creek Road, Half Moon Bay, California Agency Negotiator—Mike Williams, Real Property Manager Negotiating Party—Walter Moore, POST Under Negotiation—Price and Terms of real property transaction C. Real Property—San Mateo County APN 066-230-060, 2310 Purisima Creek Road, Half Moon Bay, California Agency Negotiator—Mike Williams, Real Property Manager Negotiating Party—Walter Moore, POST Under Negotiation—Price and Terms of real property transaction Meeting 07-15 Page 2 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—K.Nitz ADOPTION OF CONSENT CALENDAR—K.Nitz WRITTEN COMMUNICATIONS—K.Nitz APPROVAL OF MINUTES S MAY 9,2007 BOARD BUSINESS 7:40* 1 Amend the Use and Management Plan for Thornewood Open Space Preserve to Designate the Lower 1,000-Foot Portion of the Existing Informal Trail Known as"Dennis Martin Road"as a Hiking and Equestrian Trail Open to Dogs on Leash;Construct a New 3,200 Foot Long Trail to Connect Dennis Martin Road to the Schilling Lake Trail,Name It the"Bridle Trail"and Designate as Hiking and Equestrian Trail Also to Dogs on Leash; and Determine that the Recommended Actions are Categorically Exempt from CEQA as Set Out in the Report (M. Manning) 8:25* 2 Authorize the General Manager to Enter into a Contract for Engineering Geology Services with Timothy C. Best, CEG, in the Amount of$26,300(Including 20% Contingency)at Thomewood Open Space Preserve and Amend the Current Contract with Same in the amount of$42,600 (Including 20%Contingency)for a Total Authorization Amount Not to Exceed $127,245 at El Corte de Madera Creek Open Space Preserve(M. Manning) 8:40* 3 Adopt Resolution Approving and Authorizing the Execution of the Amendment to Lease Agreement and Spring Water Easement Agreements with Driscoll Ranches, LLC at La Honda Creek Open Space Preserve(M. Williams) 8:50* 4 Adopt Revised "Board Policies Regarding Improvements on District Lands"Regarding Rental of District-Owned Structures(C. Britton) 9:15 5 Authorize the General Manager to Execute a Professional Services Agreement with Peckham& McKenney for Recruitment of a District General Manager in an Amount Not to Exceed$25,000 and Assign the Ad Hoc Evaluation Committee to Work with Peckham&McKenney to Develop a Proposed Recruitment Process and Timeline for Board Review and Approval REVISED CLAIMS 9:40* INFORMATIONAL REPORTS—Reports on compensable meetings attended, Brief Reports or announcements concerning activities of District Directors and Staff, opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on matter at a future meeting; or direct staff to place a matter on a future agenda. 9:55* ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. To ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, r' Meeting 07-15 Page 3 you may comment to the Board by a written communication,which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members,the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650) 691.1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 07-15 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS MIDPENMSULA REGIONAL OPEN SPACE DISTRICT 5:00 p.m. Wednesday,July 25,2007 330 Distel Circle, Los Altos,California Please Note: 5:00 p.m. Special Meeting Closed Session Start Time 7:30 p.m. Regular Meeting Start Time AGENDA* 5:00 ROLL CALL CLOSED SESSION The Special Meeting Closed Session will begin at 5:00 p.m. At 7:30 p.m.,the Board will convene the Regular Meeting, and,at the conclusion of the Regular Meeting,the Board may reconvene the Closed Session. 1. Conference with Legal Counsel—Existing Litigation,California Government Code§54956.9(a) Name of Case—Citizens for Responsible Open Space v. San Mateo County LAFCo,Midpeninsula Regional Open Space District,Court of Appeals,First Appellate District, Case No. A 11685 2.Conference with Legal Counsel—Existing Litigation,California Government Code§ 54956.9(a) Name of Case—Midpeninsula Regional Open Space District v. Lysons,Santa Clara County Superior Court Case No. 1-07-CV-081193 3. Conference with Real Property Negotiators—California Government Code§54956.8 A. Real Property— Santa Clara County APNs 351-38-006, 009, 011 and 012, 18800 Monte Bello Road, Cupertino,California Agency Negotiator—Craig Britton, General Manager and Mike Williams, Real Property Manager Negotiating Party—Paul Draper Under Negotiation—Terms of real property transaction B. Real Property—San Mateo County APN 066-230-030,2050 Purisima Creek Road, Half Moon Bay, California Agency Negotiator—Mike Williams, Real Property Manager Negotiating Party—Walter Moore, POST Under Negotiation—Price and Terms of real property transaction C. Real Property—San Mateo County APN 066-23 0-060, 2310 Purisima Creek Road, Half Moon Bay, California Agency Negotiator—Mike Williams, Real Property Manager Negotiating Party—Walter Moore,POST Under Negotiation—Price and Terms of real property transaction Meeting 07-15 Page 2 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENIINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—K.Nitz ADOPTION OF CONSENT CALENDAR—K.Nitz WRITTEN COMMUNICATIONS—K.Nitz APPROVAL OF MINUTES ■ MAY 9,2007 BOARD BUSINESS 7:40* 1 Amend the Use and Management Plan for Thornewood Open Space Preserve to Designate the Lower 1,000-Foot Portion of the Existing Informal Trail Known as"Dennis Martin Road"as a Hiking and Equestrian Trail Open to Dogs on Leash;Construct a New 3,200 Foot Long Trail to Connect Dennis Martin Road to the Schilling Lake Trail,Name It the"Bridle Trail"and Designate as Hiking and Equestrian Trail Also to Dogs on Leash; and Determine that the Recommended Actions are Categorically Exempt from CEQA as Set Out in the Report 8:25* 2 Authorize the General Manager to Enter into a Contract for Engineering Geology Services with Timothy C. Best, CEG, in the Amount of$26,300(Including 20%Contingency)at Thomewood Open Space Preserve and Amend the Current Contract with Same in the amount of$42,600 (Including 20%Contingency) for a Total Authorization Amount Not to Exceed$127,245 at El Corte de Madera Creek Open Space Preserve 8:40* 3 Adopt Resolution Approving and Authorizing the Execution of the Amendment to Lease Agreement and Spring Water Easement Agreements with Driscoll Ranches, LLC at La Honda Creek Open Space Preserve 8:50* 4 Adopt Resolution Revising "Board Policies Regarding Improvements on District Lands" Regarding Rental of District-Owned Structures 9:15* 5 Authorize the General Manager to Execute a Professional Services Agreement with Peckham& McKenney for Recruitment of a District General Manager in an Amount Not to Exceed$25,000 and Assign the Ad Hoc Evaluation Committee to Work with Peckham&McKenney to Develop a Proposed Recruitment Process and Timeline for Board Review and Approval REVISED CLAIMS 9:40* INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief Reports or announcements concerning activities of District Directors and Staff; opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on matter at a future meeting; or direct staff to place a matter on a future agenda. 9:55* ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication,which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members,the General Manager,and members of the Meeting 07-15 Page 3 t public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. I it i G I II�I I i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-79 Meeting 07-15 July 25, 2007 AGENDA ITEM I AGENDA ITEM Tentative Adoption of an Amendment to the Use and Management Plan for Thornewood Open Space Preserve to Designate a Portion of an Existing Informal Tr and onstruct and Designate a New Hiking/Equestrian Trail GENERAL MANAGER'S RECOMMENDAT S 1. Determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) based on the finding of this report. 2. Amend the Use and Management Plan for Thornewood Open Space Preserve to designate the lower 1,000-foot portion of the existing informal trail known as"Dennis Martin Road"as a hiking and equestrian trail open to dogs on leash. 3. Amend the Use and Management Plan for Thornewood Open Space Preserve to construct a new 3,200 foot long trail to connect Dennis Martin Road to the Schilling Lake Trail, name it the "Bridle Trail," and designate it as a hiking and equestrian trail also open to dogs on leash. BACKGROUND Thornewood Open Space Preserve (OSP) lies entirely within the Town of Woodside in San Mateo County. Dennis Martin Road, a former estate and logging road, forms the southern boundary of the Preserve between Old La Honda Road to the east and Espinosa Road to the west, near Schilling Lake (see Exhibit A). The District did not acquire fee title to the road at the time of purchase due to an unusual property boundary issue, such that ownership of the road stayed with the original developer of the area, a defunct corporation. This issue came to the forefront in 1999 when the Town of Woodside issued an abatement order to remove a dilapidated bridge along Dennis Martin Road about 300 feet from the Preserve boundary, declaring it a"public nuisance". At that time the District could not be an applicant to the Town of Woodside to remove the bridge because the District did not hold fee title to the road; however, the District was able to dismantle the bridge in 2000 after acquiring fee title to the road in the area. Since then,visitors entering the Preserve from Old La Honda Road have scrambled over hand-cut steps in the nearly vertical 15-foot high streambanks in order to cross Dennis Martin Creek and gain further access into the Preserve. In May 2002, the District held a neighborhood meeting in Woodside to discuss issues related to ownership and management responsibilities of Dennis Martin Road. At that meeting, it was evident that neighbors were interested in having the District secure the necessary land rights to R-07-15 Page 2 enable it to assume future management of the road. From 2002 to 2003, the District obtained quitclaim deeds from the majority of the private owners along Dennis Martin Road. In 2005 the District filed a quiet title action to obtain fee title to the road. This enabled the District to be an applicant to the Town of Woodside for any project associated with Dennis Martin Road. Shortly thereafter, in November of 2005,the District held another public meeting in Woodside to discuss land use issues along Dennis Martin Road, and to solicit input into the development of a Use and Management Plan for the Preserve. Staff proceeded to develop a draft trails plan based on public input from these meetings. In 2006, the Town of Woodside Trails Committee sent a letter and email offering assistance and support to staff to replace the bridge and upgrade trails to reestablish equestrian access through the Preserve. In spring 2007, staff informally presented a draft public access and resource protection plan in a series of field tours to key members of the Town of Woodside, chairpersons of the Woodside Trails and Open Space Committees, Woodside Fire District Chief and Marshall, the Old La Honda Road Association, the Woodside Trails Club, and other actively participating members of the community. These stakeholders provided input and much information regarding historic use of the area. Approximately 40 of these stakeholders attended a public Use and Management Committee meeting in Woodside on April 17, 2007, and voiced support for the proposed trail plan amendment. At this meeting, the Committee unanimously approved the following staff recommendations: 1) Develop plans to construct a new 3,200-foot long hiking and equestrian trail, and formalize the lower 1,000 feet of Dennis Martin Road; 2) Develop plans to cross Dennis Martin Creek with a ford crossing instead of a bridge or culvert; and 3) Restore drainage and reduce sedimentation from Dennis Martin Trail to the aquatic environment, and leave as informal neighborhood hiking trail. DISCUSSION Dennis Martin Road was formerly an important regional equestrian connection between the Portola Valley[Woodside area and the Skyline Boulevard/Wunderlich County Park area. This connection formed part of a much larger historic network of permissive and dedicated equestrian trails threaded throughout public and private property within the Town of Woodside. Most of these trails are still in use today; however, the poor condition of the 4,700-feet long Dennis Martin Road and the removal of the bridge have prevented equestrian use for some years. The road is unsurfaced and undeveloped, and due to landslides now has eroded to a narrow footpath in many locations. It is virtually impassable to equestrians due to road/stream crossing erosion resulting in vertical streambanks at two locations. It was evident at the public meetings that stakeholders were enthusiastic to reestablish this equestrian connection through the Preserve. For many years, Preserve visitors have used the undesignated Dennis Martin Road to travel from the roadside pullout at Old La Honda Road to Schilling Lake, a destination near the western Preserve boundary. The Preserve is open to dogs on leash, and this route is very popular for agile hikers with dogs able to maneuver across vertical streambanks; however,this long history of public and neighborhood use has sometimes resulted in undesirable conflict such as trespass, which concerns nearby property owners. There is no designated trail to make the same R-07-15 Page 3 connection; the only designated trail in the Preserve connects the staging area off Highway 84 to Schilling Lake(see Exhibit A). Trail use in the Preserve is limited to hiking and equestrian use only. Due to the Preserve's small 163-acre size and single 0.75-mile designated trail, it is not suitable for bicycle use. No representatives of the bicycling community made comments at any of the public meetings held in Woodside. This amendment does not propose to make any changes to the current use designation at this Preserve. TRAIL PLANNING The Use and Management planning process began with a comprehensive road and trail erosion inventory for the Preserve by Tim Best, Certified Engineering Geologist. This inventory identified 53 sites of concern for erosion and sedimentation, many of them associated with Dennis Martin Road. Staff originally hoped to upgrade the road in its current alignment, but it was clear that landslide damage and road/stream crossing erosion was significant enough that the trail could not feasibly be repaired in its current alignment, and an alternative route would be required. Rerouting also carried the advantage of conveying Preserve visitors away from the property boundary toward the interior of the Preserve, which would hopefully reduce potential trespass. Finally, the geology of the Preserve put constraints on all decision-making; the Preserve is underlain by a series of deep-seated and surficial landslides, the largest being 60 acres in size, or about 37% of the total Preserve area. The Operations and Planning Departments scoured the landscape in search of a reroute with assistance from Tim Best. Staff also scouted the legacy road network remaining from past estates. One legacy road, called the"Bridle Path" from historic maps, was found as a suitable takeoff point for the new trail. This path has the advantage of passing through an area that formerly supported a destination known as the"Welcome Inn" with a fountain pond during the Schilling family era of ownership (of the Schilling Spice Company). This route will provide an excellent opportunity for historic interpretation of the Preserve that is so rich in history. The name"Bridle Path" on the historic map was the impetus for the proposed name for the new trail route that serenely winds through advanced second-growth redwood/Douglas-fir forest and oak canopy between Dennis Martin Trail to the east and Schilling Lake Trail to the west. This proposed new"Bridle Trail" is 3,200 feet long, and will provide a narrow, winding, equestrian and hiking trail that will reestablish the missing regional equestrian connection and move visitors toward the Preserve interior. Dogs are allowed on leash in the Preserve, and this amendment does not propose to make any changes to that designation. The new trail will provide a better route for dogs on leash than the eroded stream crossings and landslide features along the current Dennis Martin Road alignment. The trail will also incorporate state-of-the-art design techniques to reduce sedimentation into the aquatic environment. STREAM CROSSING In 2006, staff contracted with engineering firms(in addition to Tim Best) to design a bridge crossing over Dennis Martin Creek near the Old La Honda Road pullout to facilitate public access into the Preserve and to the proposed new trail. After thorough investigation, these professionals advised against installing a bridge crossing at this location because one bank forms R-07-15 Page 4 the toe of a deep-seated, 60-acre active landslide. This slide is expected to continue moving in the near future and would jeopardize the structural integrity of a bridge. Tim Best developed a feasibility study to determine pros and cons of four options to provide public access across Dennis Martin Creek: 1) clear-span steel bridge, 2) embedded culvert, 3)trail reroute, and 4) ford crossing. After lengthy consideration of environmental impacts, feasibility, and cost associated with each option, an interdisciplinary team of District staff selected the ford crossing as the best alternative at the location. This approach was considered to be acceptable by a field representative of California Department of Fish and Game during a January 2007 field consultation with the regulatory agency. DRAINAGE IMPROVEMENTS/RESTORATION The road and trail erosion inventory identified the need for restoration and drainage improvements on the middle 2,300-foot segment of Dennis Martin Road. Proposed work includes restoring drainage to reduce sedimentation to the aquatic environment. This work would be similar to that recently completed along the Giant Salamander Trail in El Corte de Madera Creek Open Space Preserve, and includes pulling back perched fill along the road prism, and removing fill material from stream channels. This will involve removing a bridge and footings currently supported by actively eroding fill material in the creek. The bridge would otherwise necessarily be destroyed in order to gain access to the area with heavy equipment. Preserve neighbors supported this restoration plan, but requested that a footpath remain to enable access into the Preserve through their private properties. Leaving a narrow footpath will not negatively affect proposed restoration work. Tim Best advised against performing drainage improvements on the uppermost 1,000-foot long portion of Dennis Martin Trail, which is heavily impacted by landslides. This area is located on another deep-seated landslide that has moved recently and is likely to continue moving. An adjoining neighbor's home is located directly upslope of landslide activity and as such, the District proposes to abandon this portion of the road with only minor drainage improvements. Several members of the equestrian community requested that a portion of the middle segment of Dennis Martin Road also be allowed to remain open to equestrians following restoration, with a second set of equestrian ford steps at the stream crossing where the failing bridge is to be removed. Staff s opinion is that allowing equestrian use on the middle segment of Dennis Martin Road is not feasible for several reasons: 1)the intention of restoration work is to permanently correct drainage problems once, and then abandon the undesignated road section with only minimal future maintenance or repair; 2) the road dead-ends at vertical stream channel walls 700 feet from the site and is impassable by landslides beyond that; and 3) allowing equestrian use would defeat the purpose of relocating the trail into the interior of the Preserve. Instead, staff recommends leaving a minimal trail open as an informal route available to hikers per District policy that allows hikers to explore off trail. The route would not be formalized or advertised on trail map brochures, trail signage, or the District website, and the intersection would be vegetated and largely hidden from the designated trail system. Staff indicated to stakeholders that the equestrian issue could be addressed as an option in the future if a conservation easement or similar agreement is established through an adjacent landowner's R-07-15 Page 5 property, and the Woodside Trails Club or other similar equestrian organization wished to partner with the District to assist financially, with the permitting effort required for implementation, and with ongoing maintenance. This Use and Management Plan Amendment addresses the many issues described above. It reestablishes the regional connection via construction of the new trail; it relocates a major section of trail away from the property boundary; it provides a solidly constructed, well-drained, narrow trail that winds through advanced second-growth redwood/Douglas-fir forest to enhance quiet enjoyment of the land and provide superior visitor experience over a badly eroding former logging road; it provides a designated connection between the Preserve entrance at Old La Honda Road to Schilling Lake, and it leverages restoration efforts elsewhere in San Francisquito Creek to reduce sedimentation to the aquatic environment, to the creek, and ultimately to San Francisco Bay. PROJECT SCHEDULE Final design work and permit applications are scheduled for completion in 2007. Implementation on the ford crossing and new trail construction should begin in 2008; drainage improvements and restoration of Dennis Martin Trail will occur in 2008 and 2009. It is anticipated that Maintenance and Construction Staff from the Operations Department would complete all work associated with the trails plan described herein, as experience has proven they have the best expertise and skill in constructing new trails and performing restoration on old trails. FUNDING In 2006, staff was awarded grant funding from the Association of Bay Area Governments in the amount of$200,000 under the 2005-2006 Consolidated Grants Program, Coastal Nonpoint Source Pollution Control Program (Proposition 50). The State Water Quality Control Board is administering this grant for sediment reduction projects within the San Francisquito Creek watershed. This creek provides critical habitat for federally threatened steelhead trout, and is also state listed as impaired for sediment under Section 303(d) of the Clean Water Act. The recently completed San Francisquito Creek Road and Trail Erosion Inventory by Tim Best provided baseline data for these grant funds. Grant funds will be split between Los Trancos Open Space Preserve ($45,000) and Thornewood Open Space Preserve ($155,000),both of which lie within San Francisquito Creek watershed. The grant requires total matching funds from the District in the amount of$73,000. Cost associated with the road and trail inventory in the amount of$43,360 qualifies towards the fund match. The additional bridge feasibility study, biotic assessment, topographic survey, bridge engineering investigation, and geotechnical engineering consulting services already accomplished for this Use and Management Plan amendment total $30,280, and comprise the remaining grant fund match obligation. Implementation of the proposed Use and Management Plan Amendment is anticipated to be performed by Maintenance and Construction staff. Because of this, remaining work to implement the plan is estimated to cost approximately$150,000 for final engineering design, permitting fees,heavy equipment rental, materials associated with the ford crossing, and erosion control R-07-15 Page 6 Best Management Practices, including revegetation. Grant funding ends in February 2010, which will allow time for completion of the entire project. PUBLIC NOTIFICATION Notice of this public meeting was sent to 227 stakeholders including adjacent owners, adjacent subdivision owners, and interested parties. Staff received letters and emails of support for the trails plan, most notably from members of the equestrian community who are eager to see a regional equestrian connection reestablished through the Preserve (see Exhibit B). CEQA COMPLIANCE Project Description This project consists of upgrading and designating 1,000 feet of the existing undesignated Dennis Martin Road as a hiking and equestrian trail, new construction and designation of 3,200 feet of hiking and equestrian trail linking Dennis Martin Road to Schilling Lake Trail (the proposed "Bridle Trail"), and restoration and drainage improvements on 2,300 feet of the undesignated Dennis Martin Road, utilizing Best Management Practices for erosion control to reduce sedimentation to the aquatic environment. CEQA Determination The District concludes that this project will not have a significant impact on the environment. A Biotic Assessment of the comprehensive plan was completed in March 2007 to address the potential for occurrence of sensitive or special-status biotic resources on the project site. The assessment found one special-status wildlife species,the San Francisco dusky-footed woodrat, occurring on the project site; however, all potential impacts to this species will be avoided throughout this project. This project is categorically exempt under the California Environmental listed below. Quality Act. Categ orical exemption sections under which this project applies are li ed Q Y g P p J PP Categorical exemption 15301 —Existing Facilities This section exempts minor alteration to existing facilities and topographical features involving negligible expansion of existing use. This project will result in minor erosion control improvements to Dennis Martin Road. Categorical exemption 15304—Minor Alterations to Land This section exempts minor alterations in the condition of land, water, and vegetation that does not involve removal of healthy, mature, scenic trees. This project will involve minor grading and vegetation removal. These actions will not involve the removal of healthy, mature, scenic trees. This section also exempts filling of earth onto previously excavated land with material compatible with the natural features of the site. This project will use the material sidecast from the previously excavated Dennis Martin Trail to recreate natural landform contours for improved drainage and reduced erosion. Categorical exemption 15333—Small Habitat Restoration Projects This section exempts small habitat restoration projects to assure the maintenance, restoration, enhancement, or protection of habitat for fish,plants, or wildlife. This project is designed to enhance and protect critical habitat of steelhead trout; it will restore stream banks and channels along Dennis Martin Road, restore and increase riparian habitat, remove fill material from road- R-07-1 S Page 7 stream crossings, and reduce potential for future diversions that might otherwise contribute to future creek sedimentation. Prepared by: Meredith Manning Open Space Planner II Contact person: Same as above Exhibits: A. Site Map B. Public Correspondence I i I I Thornewood Open Space Preserve Use and Management Amendment Wunderlich County Park J'F �.!P TW01• \� a� ac T%N01 a .. ........ ..... A G7p� d�1 hornewood House[] 'Life' r �d Schi/ling La/e ♦ _ _. ' '.tin is t,+ % —Proposed New Bridle Trail IS ..Proposed Trail Dedication Grandview'Dr. 1� Proposed Trail Restoration Espinosa Rd. , Proposed Ford Stream Crossing ..5 ♦ A Proposed Bridge Removal Intermittent Stream d �' —.• Perennial Stream Exhibit A: Site Map 0 250 Soo i o00 Produced by Midpeninsula Regional Open Space District,July 2007 e Feet Exhibit B. Public Correspondence Thornewood Open Space Preserve P Use and Management Plan Amendment July 25, 2007 I I i Page I of I Meredith Manning_ From: kerry debenedetti [kerryde@earthiink.net] Sent: Monday, July 16, 2007 1:34 PM To: Meredith Manning Subject: Fwd: 07/16/2007-kerryde@earthlink.net-Contact Board Here's a copy of the letter I sent directly to the board... Begin forwarded message: Dear MROSD Board Members, I was initially skeptical of any changes being made to the trails my friends and family have enjoyed riding and hiking for 35 years, but after hiking the proposed new trail with MROSD staff, I was completely won over. Thoughtful,diligent work has gone into this project with much respect and consideration for both the neighbors and the environment. I hope you will give enthusiastic approval of the plan for the new hiking/equestrian trail into Thornewood from Old La Honda Road when it comes before you on July 25,2007. With respect and appreciation, Kerry DeBenedetti 7/19/2007 Page 1 of 1 Meredith Manning From: Lehuaofca@aol.com Sent: Monday, July 16, 2007 2:55 PM To: Meredith Manning Subject: (no subject) Ms. Manning, Thank you for your support and cooperation in opening the trails on the Schilling property. Those of us in the equestrian community appreciate your assistance and hard work on the project. Tom Smith Get a sneak peak of the all-new AOL.com. 7t 19/2007 Meredith Manning From: Mike.Bushue@Sun.COM on behalf of Mike Bushue [Mike.Bushue@Sun.COM] Sent: Wednesday,July 18, 2007 10:18 AM To: Meredith Manning Subject: Thornwood open space meeting Meredith I am an equestrian that rides trail in the Portola area and Thornwood is of interest to me. Looked at open space web site and did not see any information or detailed maps. If available please give me links or attach to me email thanks Hope to see you at the meeting on the 25th. Mike Mike Bushue Staff Engineer Hardware Power Conversion Sun Microsystems Inc. 408 276 7556 Direct 4120 Network Circle 650-430-6211 Cell Santa Clara, Ca. 95054 mike.bushue@sun.com Page I of 1 Meredith Manning From: Virginia Dare [vdare@earthlink.net] Sent: Friday, July 20, 2007 8:36 AM To: Meredith Manning Subject: Comments on Thornewood Use& Management Plan Dear Meredith, I attempted to send an email to the Board of Directors through the web site but it failed to send so I am hoping that you can forward my comments instead: As chair of the Woodside Open Space Committee and an Old La Honda Rd resident I am very familiar with Thornewood and use it often. As you know I was lucky enough to be invited to walk the new trail site with you and others earlier this year and I have attended all the public meetings on the subject so I am very familiar with what you are proposing. I would like to commend you and your fellows at MROSD for the way in which you have asked for and incorporated public input into your plans. I am greatly in favor of the new trail, the ford crossing at Dennis Martin creek and the low key approach you are taking to the Old La Honda Rd parking site. Some questions came up about the future of the lake and whether it should be allowed to fill in. Many of us who live locally regard the lake as the heart of the preserve and would be very unhappy for this to be allowed to happen. Although manmade the lake has existed for approximately 100 years and the current problems with siltation and water clarity have occurred only within the last 3. 1 would like to encourage MROSD to allocate funds to restore the lake and to work with the Town of Woodside to examine off site causes for the deterioration in the water quality such as construction in the surrounding area. In addition we discussed the possibility of another equestrian trail in Thornewood that would follow the historic hiking trail route along Dennis Martin Creek road and that would be constructed and maintained in conjunction with the Woodside Trail Club. This trail would allow connectivity for equestrians to the Hayfields trail system and from there to Windy Hill. The trail would require permission to pass across private property from one neighbor who has indicated support for the idea as well as a second stream crossing. This is mentioned in your report and therefore I would like to encourage the Board of Directors to allow this possibility to remain so that it can be addressed at a later date. Thank you for your hard work. Virginia Cure 207 Old La Honda Road Woodside, CA 94062 t: 650,851.881€3 7/20/2007 Regional Open Space .......... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-80 Meeting 07-15 July 25, 2007 AGENDA ITEM 2 AGENDA ITEM Authorization to Contract with Timothy C. Best, Certified Engineering Geologist(CEG),to Provide Consulting and Engineering Geologic Services at Thoriiewood Open Space Preserve and Amend Current Contract for El Corte de Madera Creek Op n Space Pres GENERAL MANAGER'S RECOMMENDATIO • Authorize the General Manager to enter into a contract flo neeri g geology services with Timothy C. Best, CEG, in the amount of$26,300.00 (including 20% contingency) at Thornewood Open Space Preserve. • Authorize the General Manager to amend the current contract with Timothy C. Best, CEG, in the amount of$42,600.00 (including 20% contingency) for a total authorization amount not to exceed $127,245.00 at El Corte de Madera Creek Open Space Preserve. DISCUSSION On March 8, 2006, the Board of Directors approved the District's Action Plan and budget for the 2006-2007 fiscal year, which included $80,000.00 to develop a Use and Management Plan at Thornewood Open Space Preserve. In 2006, staff contracted with Timothy C. Best, CEG,to provide services to assist in development of a feasibility study for bridge and trail construction. Staff is seeking authorization to amend this contract to provide additional services associated with design and implementation of the new Thornewood Use and Management Plan Amendment. Additional work to be performed under this contract will include engineering geology design and report submittals for two new trail/stream crossings, an equestrian ford crossing across Dennis Martin Creek, and grading plans for restoration of Dennis Martin Trail for submittal to resource agencies and the Town of Woodside to obtain permits, and funds for oversight during construction. On January 21, 2004, the Board adopted the Watershed Protection Program (WPP) for El Corte de Madera Creek Open Space Preserve. To date, the District has spent$534,942.35 for the WPP. This amount includes $75,290.10 (or 14% of total expenditures) in engineering geology services, including the comprehensive road and trail erosion inventory for the preserve. Staff is seeking to amend this contract to continue work on the WPP, which requires engineering geologic design, reports for permitting, and oversight during construction as required by permitting agencies. Tim Best already knows these two preserves very well, and his proposals are consistently much lower in cost than his competitors'. In May 2006, staff advertised a Request for Proposals for road and trail erosion inventory and related engineering geologic services, which included Thornewood Open Space Preserve. Tim Best was awarded the contract for these services. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT He provides detailed evaluation of field conditions and develops practical, cost-effective solutions to problems. Tim provides an excellent work product at very reasonable cost that he continually adapts to the specific needs of the District. Staff is pleased for the opportunity to continue working with him. Prepared by: Meredith Manning, Open Space Planner 11 Contact person: Same as above Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-81 Meeting 07-15 July 25, 2007 AGENDA ITEM 3 AGENDA ITEM Approval of Amendment to Lease Agreement and Spring Water Easement Agreements with Driscoll Ranches, LLC 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 at La Honda Creek en Space Preserve GENERAL MANAGER'S RECOMMENDATIONS Adopt the attached Resolution approving and authorizing the execution of the Amendment to Lease Agreement and Spring Water Easement Agreements with Driscoll Ranches, LLC at La Honda Creek Open Space Preserve. DISCUSSION At your meeting of January 12, 2006, the Board approved the purchase of the 3,681-acre Peninsula Open Space 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). As part of this transaction, POST assigned to the District its 50-year lease with Driscoll Ranches for grazing livestock and permitting equestrian and pedestrian activities. At your meeting of December 13, 2006, the Board authorized the waiving of the following closing conditions between the District and POST to complete the purchase of the property by the end of December 2006 see Report R-06-152 ( P ) 1. Residential Lease Agreement with Driscoll Ranches, LLC; 2. Springwater Easement Agreements with Driscoll Ranches, LLC Since taking ownership of the property in December 2006, staff has worked diligently with Driscoll Ranches to finalize these remaining issues: the granting of two springwater easements and an Amendment to the 50-year grazing lease. Staff and Driscoll Ranches have reached agreement on the use of two springwater systems located on the District property; one serves the Driscoll event center and rodeo site located on the south side of Highway 84 from the District property, and the other is a shared water system that serves a private residence of Driscoll Ranches and the former Folger ranch residence (District residence) located on the District property. The issues that were to be addressed in the Residential Lease Agreement have been resolved by an amendment to the grazing lease. • Amendment to Lease Agreement The amendment to the grazing lease formalizes the termination of the Driscoll Ranches' tenancy in the former Folger residence so that it is available for use and occupancy by the District. Driscoll Ranches vacated this residence in August 2006. R-07-81 Page 2 In addition, the amendment provides for the termination of Driscoll Ranches' tenancy of the Upper Ranch structures after three years, unless occupied by a Driscoll Ranch employee as part of the grazing operation. The amendment also clarifies the terms and conditions of the occupancy of the other residences as part of the ongoing grazing operation and the requirement for the District's approval of subleases for the residential structures and any grazing subtenants. The locations of the residential structures are shown on Exhibit A. 0 Springwater Easement Agreement(Driscoll Residence) This is a shared water system serving the District residence and a nearby private residential parcel owned by Driscoll Ranches (see Exhibit B). The use and maintenance of this system will be shared equally by the District and Driscoll Ranches. Any springwater in excess of what is needed for the two residences may be used for certain livestock purposes on the District property in conjunction with the grazing operation. If an alternative water source is obtained for the District residence, the District will have no further maintenance obligation for this system. • Springwater Easement Agreement(Driscoll Event Center) This water system has historically been used by private properties on the south side of Highway 84 and owned by Driscoll Ranches (see Exhibit Q. Driscoll Ranches will have full use and maintenance responsibility for this system. However,the District has retained the right to use this system for emergency purposes, including the installation of a fire hydrant and also for construction and maintenance purposes. Staff recommends approval of these agreements, which will resolve the outstanding issues relating to the District's purchase of the 3,68 1-acre Driscoll Ranch property from POST. These agreements protect the open space and agricultural values of the property and the operational needs of the District to manage this important property addition to the La Honda Creek Open Space Preserve. CEQA COMPLIANCE A Mitigated Negative Declaration and Mitigation Monitoring Program was prepared by District staff and approved at your January 12, 2006 meeting. The findings detailed in these documents remain in effect and unchanged. The District further concludes that the action proposed in this report does not 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. Prepared by: Michael C. Williams, Real Property Manager Maps Prepared by: Stella Cousins, Open Space Planner I Contact person: Michael C. Williams, Real Property Manager i R-07-81 Page 3 RESOLUTION 07- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF LEASE AMENDMENT AND EXECUTION OF SPRINGWATER EASEMENT AGREEMENTS, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE PRESERVE— DRISCOLL RANCHES, LLC) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does herebyapprove and authorize the President or appropriate officers to execute the Lease Pp Amendment to that certain Lease Agreement between Driscoll Ranches, LLC and Peninsula Open Space Trust, date January 17, 2002. Said Lease Agreement was assigned to the District effective December 15, 2006, a copy of which is attached hereto and by reference made a part hereof. Section Two. The President of the Board or other appropriate officer is authorized to execute the Springwater Easement Agreements between Driscoll Ranches, LLC and Midpeninsula Regional Open Space District and execute the Easement Deeds for the real property interests being conveyed by the District under these agreements. Section Three. The General Manager of the District, or the General Manager's designee, shall cause to be given appropriate notice of the approval g roval of the attached Agreements to Driscoll g Ranches, LLC. The General Manager and General Counsel are further authorized to approve any revisions to the attached Agreements and other transactional documents that do not significantly change any term or condition thereof. The General Manager, or the General Manager's designee, P is authorized to approve subleases under the Lease Amendment consistent p with the terms of the Lease Agreement. Section Four. The General Manager is authorized to execute such other transactional documents that are necessary or appropriate to the closing or implementation of this transaction. i I Midpeninsula Regional Open Space District Former POST (Driscoll Ranch) Property Residence Locations 72 0 I � La Ho da Creek • � � Open Space Presery i � � J n'r ; � '� v� _ ` 1' � .. ... \M1��/i N ram'\ t l• Former Wool j Ranch Rental U pper Ranch ✓� --� t' + Rental Unit � '1 �n •`-- District Property. (3,681 acres) t � �J J Lower Ranch Ilu o Inw"a ri / ✓ f f Distri es' ence — 1 Unit Exhibit A vices _ APN 82-170-040 QNL L/iN % PEEKABOO EL=547s/- rJ Fi Rt HAflD �i d _ // I a' SKILRKA LS 410 n !!O ROAD A�ERfjL Y� ' ��\ 0- uc.ezr. �, i; DISTRICT APN 82-170-01Q �����E�S1R��D��kZZ ���08 J�IF RESIDENCE ANZAR (S y0"' / SPRING TANKS \x / ,_�,__�...:_....=...w•g e/:or APN 82-140-020 APN 82_ sMD AC, r-` RISCOLL 13 0—12 0 RESIDENCE nR/.SCOLL Y APN 82- EVENT CENTER -10-010 APN 82-130-180 LA 110NDA RD SITE: 5711 IA HONDA ROAD, LA HONDA, CALIF. RICK SKI ERKA SPRING TVA TER EASE. PLAT OF ASEMENT LICE'N.�SL'D LAND SURVEYOR WITHIN THE PL"DS OF PROS T WATNETO BENEFIT THE DRISCOLL RANCHER L.L.C. COMMONLY 1 P.O-BOX 620182 KNOWN AS APN 82 140-0., 10, SAN � �J WOODSIDE, CA. 94062 MATEO CO. RECORD , CALIF. N r ,. (650)851-1236 --FOR-- - FAX(6 0)322--1236 PENINSULA OPEN SPACE TRUST M EXHIBIT B ATT.N: R. WALTER MOORS JOB NO 05 13 NOV 28. 2000 3000 SAND HILL. RD. 1-155 MENLO PARK. CA 94025 i y\o"�NL ryQSG ! APN 82-170-040 41 RICN,ARD '¢ SKIEAKA ((( 0 L.S.4640 I �0 :_. ROAD i 11C£X * 9.30• r ((111�i(Il��ii�((IIII__JJJ"' ,��` :� APN 82-170-010 r 4O�CAiS� � isTPI RESIDENCE 5 r SPRING TANKS In1rA�tliy BOX �9 �° APN 82-140-020 h$ LLRISCOLL RESIDENCA :1I'\ 82- APN 82- 130-120 40-01 DRISCOLL�EVENT CENTER LA RD. APN 82-130-130 SITE: 5460 LA HONDA ROAD, i.A HONDA, CALIF. RICK SKIERKA SPRIA',GWATER EASE. PLAT CF A PROPOSED WATERLINE EASEMENT LICENSED LAND SURVEYOR wrTlILV THE LANDS OF P.O.S.T. TO BENEFIT THE r SCOLL RANCHES L.L.C. COMMONLY EVE P.O.AOX 620182 :VOi►'N A AS APN 82-t30-120 & 82-1.3D-13O, � :`�J WOODSIDE, CA. 94062 SAN MATEO CO. RECORDS, CALIF. NTER (650))851-1236 --FOR-- FAX(650 322-1236 PENINSULA OPEN SPACE TRUST EXHIBIT C ATTN- MR. >f'ALTF,R NOORE JOB NO- 05-13 NOV 28, 2006 3000 SAND HILL RD. 1 155 +l1!�;NT.O PARK Cl -9•t025 �� WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 4 7 2X p 330 Distel Circle PLA sur' - L&L 1�� Los Altos, CA 94022-1404 Attn.: General Manager DULY RECORDED WITHOUT FEE NO TRANSFER TAX DUE Pursuant to Government Code PUBLIC AGENCY ACQUIRING TITLE, Sections 6103,27383 CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 BY: SPRINGWATER EASEMENT AGREEMENT (Driscoll Residence) This Springwater Easement Agreement(herein,"Agreement"),dated as of 2007, is made by and between Driscoll Ranches LLC, a California limited liability company ("Driscoll"),and the Midpeninsula Regional Open Space District, a public district established pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code(the"District"). RECITALS A. WHEREAS, Driscoll is the fee interest owner of a certain parcel of real property located in the unincorporated area of the County of San Mateo, State of California, commonly referred to as San Mateo County Assessor's Parcel Number 082-140-010 referred to herein as the "Driscoll Residence,"as more particularly described in the attached Exhibit A, which is incorporated herein by reference; and B. WHEREAS,District is the fee interest owner of certain parcels of real property located in the unincorporated area of the County of San Mateo, State of California, commonly referred to as San Mateo County Assessor's Parcel Number 082-140-020 and a portion of Assessor's Parcel Number 082-170-010 referred to herein as the "District Property" as more particularly described in the attached Exhibit B which is incorporated herein by reference; and C. WHEREAS a residential structure is located on the District Property referred to as"the District Residence"and more particularly shown on the attached Exhibit 13; and D. WHEREAS,District was formed by voter initiative in 1972 to acquire,hold and manage lands for the preservation of open space and the protection of environmental and ecological resources and values; and E. WHEREAS,the District Property was acquired by District because it possesses such natural, scenic,open space, agricultural and recreational values which are referred to herein as the "Conservation Values"of the District Property; and 1 F. WHEREAS,District agrees to convey to Driscoll easements for springwater delivery and use for the benefit of the Driscoll Residence on the terms and conditions as set forth in this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration,the adequacy of which is hereby acknowledged,District and Driscoll agree as follows: I. Grant of Easement. Subject to the terms, conditions,provisions and restrictions set forth in this Agreement,District hereby grants to Driscoll the following easement appurtenant to and for the benefit of the Driscoll Residence for the purpose of extraction and use of springwater for domestic use on the Driscoll Residence and on no other parcels by means of an existing underground waterline,springboxes and water storage tank over a strip of land 10 feet wide as described and shown on Exhibit C. These facilities shall hereinafter be referred to as the Residential Springwater System or Springwater System, and in this Agreement is also referred to as"Easement Area." These water facilities also serve a second residence located on the District Property referred to hereafter as the"District Residence. 2. Riaht of Entry. The above-referenced easement includes the right to enter and to temporarily occupy,with persons,equipment and materials,those areas of the District Property reasonably necessary for the limited purpose of maintaining, inspecting, repairing or servicing the waterlines, springboxes and water storage tanks,described in Section I herein,provided that Driscoll cooperate with District with respect to such activities, so as to protect the Conservation Values and to facilitate the return of the land to its natural state after completion of such activities. District shall have approval authority for any construction, repairs or maintenance within Easement Area under this Agreement. Nothing in this Agreement shall act to contravene Driscoll's rights of access to the District Property pursuant to that certain Lease Agreement("Agricultural Lease")between Driscoll and District, as successor in interest to Peninsula Open Space Trust,dated January 17,2002,pursuant to the terms and conditions thereof. a. Without the District's prior written consent,the above-referenced right expressly excludes,the right to relocate the Residential Springwater System,the right to drill on the District Property,the right to deepen the existing Springwater System,the right to otherwise expand the Springwater System and the right to install and/or maintain new springwater facilities that result in additional adverse environmental or scenic impacts (e.g.,without limitation, facilities which are bigger or taller). In the event Driscoll desires to relocate any portion of the Springwater System,Driscoll shall first obtain District's written consent,which may be granted or denied in District's sole discretion. b. The above-referenced right expressly excludes, without limitation,the right to maintain or use the Residential Springwater System to extract water for any purposes other than domestic use at the Driscoll Residence. 3. Use of the Spriny-water System. a. Driscoll shall be entitled to the use-of one-half(50%) of the springwater that is extracted 2 from the Residential Springwater System for the Driscoll Residence. In the event that there is insufficient springwater to provide for domestic occupancy of the District Residence and the Driscoll Residence,District and Driscoll agree to reduce their respective consumption accordingly on an equal basis, if feasible and in accordance with the law. Any springwater in excess of that required for domestic occupancy of the District Residence and Driscoll Residence may be used by Driscoll for equestrian purposes incidential to domestic occupancy of the Driscoll Residence. The parties acknowledge and agree that the Springwater System also serves various livestock troughs on the District Property.Neither District's nor Driscoll's use of the livestock troughs shall cause the supply of springwater to be reduced to a level insufficient for domestic occupancy of the Driscoll Residence or District Residence. b. Driscoll and District both acknowledge the variable nature of underground springs,and that it is not possible to determine whether the Springwater System will continue in the future to provide a viable or productive source of water. In granting this Easement to Driscoll,District does not guarantee,promise or warrant that Driscoll's use of the Residential Springwater System will in fact enable Driscoll to extract any minimum amount of water from the Springwater System sufficient for any use or purpose,whether due to lack of springwater,due to third-party water rights,or due to any order,allocation or other legal requirement, including,but not limited to,the Stream Adjudication set out in Section 3(c)below. c. Driscoll and District acknowledge that there are,or may be, existing recorded or unrecorded third-party rights to use the Residential Springwater System, and enter into this Easement subject to any such rights, including,but to limited to, certain third-party water rights as more specifically set forth in the following documents: i) Deed recorded August 31, 1964 in Book 4787 on Page 87, Official Records of San Mateo County. ii) The San Gregorio Creek Stream System Adjudication, San Mateo County Superior Court Case No. 355792("Stream Adjudication"). iii) Driscoll and District both acknowledge and agree that, in the event any easement rights granted to Driscoll herein conflict with any order, allocation,or other requirement arising out of the Stream Adjudication,the Stream Adjudication shall control. 4. Maintenance,Repair and Replacement of Springwater System. Driscoll shall provide for the proper maintenance,repair and replacement of the Residential Springwater System including all waterlines,water storage tanks and springboxes and springs in good condition and repair at its sole cost and shall repair any damage to the surrounding land caused by the construction,repair, use or maintenance of the Springwater System. For the purposes of this provision, "proper maintenance, repair and replacement" includes,without limitation, ensuring that the Springwater System is kept in a condition such that the use,operation, construction,repair,maintenance or improvement of these facilities does not violate any applicable local, state or federal laws, regulations or requirements does not cause damage to 3 persons, buildings or resources located on or adjacent to the District Property,and does not create any additional adverse scenic/visual impact or erosion on the District Property. In no event shall Driscoll or District be responsible to repair any damage caused by naturally- occurring conditions, such as landslides or erosion which are not directly caused by Driscoll's or District's activities. 5. Shared Maintenance Obligations. District is not obligated to provide for the maintenance, repair or replacement of the Springwater System, and District is not responsible for any costs related thereto. At its sole discretion,District reserves the right, but not the obligation,to repair, improve, maintain or upgrade the Springwater System. However, upon Driscoll's termination of any tenancy of the District Residence,District and Driscoll agree to share equally in the cost of necessary and reasonable maintenance, repair and replacement of the Residential Springwater System as set out in Section 4 herein. However, in the event District obtains an alternative source of water to serve the District Residence and no longer extracts and uses water from the Residential Springwater System, District shall have no further obligation to repair, improve,maintain, replace,upgrade, or otherwise be responsible for any costs of the Residential Springwater System. 6. Duty of Care. a. In conducting activities within the Easement Area,or otherwise pursuant to this Agreement,Driscoll (and any party,agent,contractor or consultant hired by Driscoll) shall ensure that its activities are conducted in a manner that does not harm third parties, third parties' real or personal property,the District Property,the District Residence, District's real or personal property,or District's employees, agents or invitees. Driscoll shall be responsible to third parties and District for all costs and damages caused by activities and/or omissions conducted by-Driscoll (and any party,agent,contractor or consultant hired by Driscoll)within the Easement Area,or otherwise pursuant to this Agreement. For purposes of this provision, "costs and damages" includes,without limitation,consequential damages and the costs of restoring/remediating natural resources to their initial pre-damaged condition. b. Because the presence of repair and maintenance vehicles on and in the Easement Area 1 resources on the mayhave adverse visual impacts and/or adversely impact nature es P Y P District Property, Driscoll will make reasonable efforts to limit the use and presence of such vehicles. These efforts may include,without limitation: removing such vehicles from the Easement Area when such vehicles are not being used for maintenance, repair or replacement activities;prohibiting the overnight parking of vehicles on or in the Easement Area; and operating vehicles in locations at speeds that avoid disturbance of natural areas(e.g.,without limitation, grassland,vegetation, trees,ponds, wetlands and streams c. Notice of Exercise of Rim. Driscoll shall notify District, in writing, not less than five (5)days prior to the data Driscoll intends to exercise ercise any right ursuant to the conditions and restrictions stated in this Agreement. Driscoll shall notify District in writing not less than twenty-four(24)hours after entry onto the District Property for routine and minor repair of the Residential Springwater System. Each required notice shall describe the 4 i I " i i nature, scope, design, location,timetable,and any other material aspects of the proposed activity in sufficient detail to permit the District to make an informed judgment as to the consistency of any such activities with this Agreement. Notwithstanding the foregoing, in the case of an emergency requiring immediate entry to abate an existing threat to health,safety,or welfare,Driscoll may enter the District Property and commence such repairs, in which case such written notice shall be given within twenty-four(24)hours after entry. All notices required by this Section shall be given to the Area Superintendent of the District's Skyline Field Office(or, if the Area Superintendent is unavailable,the employee in charge of the Skyline Field Office at that time)at 21150 Skyline Boulevard, La Honda,CA 94020,Telephone 650-949-1848 or Fax 650-949-1781. 7. Right to Relocate. District may relocate any portion of the Residential Springwater System in its entirety,to a location on the District Property that is outside the Easement Area provided that all of the following conditions are met: a. District assumes responsibility for the costs related to this relocation. b. The estimated costs for Driscoll to properly maintain and repair the relocated Springwater S stem will be arable to and not greater than the estimated costs of Y comparable properly maintaining and repairing the original Springwater System. c. District's relocation of the Springwater System will not result in a reduction in the water- carrying capacity of such facilities. d. Thecosts to Driscoll of conveying water to Driscoll Residence via the relocated Springwater System will be comparable to and not greater than the costs of Driscoll conveying water via the original Springwater System. e. District provides Driscoll an alternative source of water with not less than the then- existing outflow of the original source of water for the Driscoll Residence during the relocation period to the extent that relocation activities temporarily suspend Driscoll's access to water from the Springwater System. I f. District conveys and records at its sole cost a replacement easement granting Driscoll the rights hereunder to the relocated Springwater System in a new, relocated springwater conveyance easement area,and extinguishing the Easement granted Driscoll by this Agreement. g. District provides not less than sixty (60) days' prior written notice to Driscoll of the relocation. I� 8. Extinuuishment. District shall be entitled,at its own expense, to dismantle and remove all or a portion of the Springwater System,or either one of them, and Driscoll's rights under this Agreement shall be extinguished,provided the following specific conditions are met: a. Driscoll does not extract, store and convey water using all or a portion of the Springwater System for a consecutive period of five(5)years or more,or,the Springwater System in in a significantly dilapidated condition so that it cannot 5 adequately convey water. Such conditions shall demonstrate these facilities have been abandoned by Driscoll. b. District provides Driscoll or the current owner of record with written notice of District's intention to dismantle the Springwater System and extinguish provisions of this Agreement related to the Springwater System. c. Driscoll fails to provide a written objection to District's written notice within ninety (90)days of the effective date of such notice or,pursuant to the dispute resolution procedures set forth in this Agreement, it is determined that Driscoll has not extracted, stored and conveyed water using the Springwater System for a consecutive Period of five(5)years or more, or that the dilapidated condition of the Springwater System constitutes abandonment of these facilities by Driscoll. d. Following Driscoll's failure to timely respond in writing to the above-described written notice from District, or following the above-referenced determination pursuant to the dispute resolution procedures set forth in this Agreement, District records a Notice of Extinguishment of Reserved Springwater Easement with the San Mateo County Recorder's Office. The Notice of Extinguishment of Reserved Springwater Easement shall indicate that Driscoll's reserved rights regarding the Springwater System are extinguished. Driscoll and District hereby agree that, provided the first three conditions listed above are met,District shall have the unilateral right to record a Notice of Extinguishment of Reserved Springwater Easement. The method of extinguishment provided above is not intended and shall not be interpreted to limit or modify any other rights or remedies that Driscoll or District may have under California law. 9. Remedies. If District believes that the use or maintenance of the Springwater System or any other activities of Driscoll violates this Agreement,or that any such violation is threatened, then: a. District shall give written notice of such fact to Driscoll and demand corrective action sufficient to cure the violation. If the violation involves injury to District Property resulting from any prohibited use or activity, District may also demand that Driscoll restore the area so injured. b. If any such violation is not corrected on or before the thirtieth (30th)day following delivery of such notice (or, if the correction cannot reasonably be made within said thirty (30)day period, within such longer time after such notice as is reasonably required for a cure),then the District may,at its election, submit the matter to binding arbitration pursuant to Section 14 herein, or bring an action at law or in equity, in a court of competent jurisdiction,to enforce the above conditions and restrictions,to enjoin the violation,ex parse as necessary,by temporary or permanent injunction,to recover any damages to which it may be entitled for a violation(including damages for the loss of scenic, aesthetic, or environmental values as a consequence of the violation), and to require the restoration of the affected area to the condition that existed prior to injury. Without limiting Driscoll's liability therefore, District, in its sole discretion,may apply 6 any damages recovered from Driscoll to the cost of undertaking any corrective action required as a consequence of Driscoll's default. If circumstances require immediate action to correct a violation by Driscoll, and District, in its good faith discretion,believes that Driscoll will not promptly commence,or will not thereafter diligently complete, such action so as to cure the violation in a timely manner,then District may pursue its remedies under this Agreement without prior notice to Driscoll or without waiting for the period for cure to expire. The rights of District under this Section shall apply equally in the event of either actual or threatened violations, and Driscoll agrees that the remedies of District at law for any violation are inadequate and that District shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which said District may be entitled, including specific performance,without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies of District described in this Section shall be cumulative and shall be in addition to all other remedies now or hereinafter existing at law or in equity, including without limitation, the right to submit the dispute to binding arbitration pursuant to Section 14 herein. 10. Indemnification. Driscoll shall indemnify,protect,defend,and hold harmless District, and its directors, officers, employees,agents, successors,assigns or invitees(collectively "Indemnitees"), from and against any and all claims,demands,actions,causes of action, losses,damages, liabilities,or costs whatsoever, including but not limited to reasonable attorneys' fees and court costs,which may be suffered or incurred by,or threatened against Indeninitees, and from any and all damage or loss of the property of such persons, to the extent such claims, demands,actions,causes of action, losses,damages, liabilities, fees or costs results from, arises out of, or is attributable to the use of this Agreement,any activities by Driscoll upon the Easement Area or District Property under this Agreement the installation,construction,operation,maintenance,or lack of repair or maintenance of the Residential Springwater System by Driscoll, its agents, employees or contractors pursuant to this Agreement. This indemnity includes,without limitation,claims and lawsuits filed by third parties; claims, lawsuits and administrative orders brought by government agencies; and any claims or lawsuits alleging that the use or operation of the Springwater System violates or impairs rights under the San Gregorio Creek Stream System Adjudication, San Mateo County Superior Court Case No. 355792, or any other water right. Except to the extent caused solely by the gross negligence or willful misconduct of District or the Indemnitees, Driscoll waives any and all rights to any type of express or implied indemnity or right of contribution from District with respect to any liability resulting from, growing out of, or in any way connected with or incident to the use, installation,construction, operation, maintenance,or lack of maintenance of equipment installed pursuant to this Agreement on District Property by Driscoll. 11. Easement App urtenant. The Easement granted herein, and all rights thereunder, is appurtenant to the Driscoll Residence, is not personal to Driscoll,and shall not be expanded, severed,or assigned separately from a conveyance of the entirety of the Driscoll Residence, whether by the owners of the Driscoll Residence and Driscoll or by operation of law. 7 12. Covenants and Equitable Servitudes to Run with the Land. Both the burden and the benefit of each of the promises and covenants contained in this Agreement shall be deemed to run with the land. This instrument and all covenants,rights,promises and liabilities contained herein shall be binding upon and inure to the benefits of Driscoll's and District's respective grantees,their heirs, successors, personal representatives and assigns. Each and all of these obligations and covenants shall be deemed to be equitable servitudes, enforceable as set out herein. 13. Negation of Third Party Rights. This Agreement is not intended,nor shall it be construed, to create any third party beneficiary rights in or for the benefit of any person who is not a party hereto,except as otherwise expressly provided to the contrary in this Agreement. 14. Binding Arbitration of Diumtes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof,the parties agree first to participate in non-binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation,or if there is any remaining unresolved controversy or claim subsequent to mediation,any remaining unresolved controversy or claim shall be settled by binding arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. including the right 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, or, if it no longer exists, its successor or a comparable judicial arbitration service. 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 DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY]INCLUDED IN THE"ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. DISTRICT INITIAL DRISCOLL INITIAL 8 15. Miscellaneous. a. Headings. The titles and headings of the various Sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify or place any construction on any of the provisions of this Agreement. b. Entire Agreement. This Agreement, which includes the Exhibits, contains all representations and the entire understanding and agreement between District and Driscoll regarding the matters set out in this Agreement. c. Amendments. This Agreement shall not be altered or modified except by a writing signed by Driscoll and District and recorded in the County of San Mateo Recorder's Office. d. Further Assurances. Each party shall execute and deliver, in recordable form if so requested, such documents as are reasonably necessary or appropriate to carry out the terms, conditions and intent of this Agreement. e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. f Waiver. Enforcement of the conditions and restrictions of this Agreement shall be at the discretion of the person or entity holding the right to be enforced and any forbearance by said person or entity to exercise its rights under this Agreement in the event of any breach of any condition or restriction of this Agreement shall not be deemed or construed to be a waiver of any such conditions or restrictions or of any subsequent breach of the same or any other obligation under this Agreement. No delay or omission by said person or entity in the exercise of any right or remedy upon any breach of this Agreement shall impair such right or remedy or be construed as a waiver. g. Delay and Laches. The parties each waive any defense based on the other party's failure to enforce, or a delay in enforcing, its rights or remedies, lathes or prescription in any action or proceeding, including, but not limited to,arbitration brought by the other party to enforce or to interpret the provisions of this Agreement. The foregoing,however, shall not extend the time permitted for the giving or withholding of consent, when such time is expressly set forth in this Agreement. h. Attorneys' Fees. In the event of litigation or arbitration between the parties arising out of or relating to this Agreement, each party will equally share court or arbitration costs and bear its own fees of attorneys,accountants and expert witnesses incurred by such party in connection with the action or arbitration, including such costs and fees incurred because of any appeals. L Election of Remedies. Nothing contained in this Agreement shall be construed to diminish the remedies otherwise available to District or Driscoll at law or in equity; and this provision shall not be merged into any judgment but shall survive any judgment. 9 I j. Notices. Any notices given under this Agreement shall be in writing and shall be served either personally,delivered by overnight U. S. Mail with postage prepaid,or by a nationally recognized overnight commercial courier services with charges prepaid. Notices may also effectively be given by transmittal over electronic transmitting devices if the party to whom the notice is being sent has a receiving device in its office, and provided a complete copy of the notice shall also be served either personally or in the same manner as required for mailed or couriered notices. Except as otherwise agreed herein,notices shall be deemed received at the earlier of actual receipt or one business day following deposit in U.S. Mail or with a nationally recognized commercial courier with charges prepaid. Notices shall be addressed to the appropriate parry as follows: "District" "Driscoll" Midpeninsula Regional Open Driscoll Ranches,LLC Space District Rudy W.Driscoll,Jr. 330 Distel Circle 2995 Woodside Road Suite 450 Los Altos, CA 94022-1404 Woodside,CA 94062 Attn: General Manager Telephone: (650) 851-1261 Telephone: (650)691-1200 Facsimile: (650)523-8579 Facsimile: (650) 691-0485 Either PY may change its address for notice purposes by giving no tice to the other in accordance with this Section,provided that the address change shall not be effective until five days after the notice is received or is deemed received as the case may be. k. Gender and Number. As used in this Agreement,the masculine, feminine and neuter Fender,and the singular or plural number, shall include the others whenever the context so indicates. 1. SeverabiliV. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, District and Driscoll agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement and further agree to replace such void or unenforceable provisions with provisions which will achieve,to the extent possible,the economic, business and other purposes of the void or unenforceable provisions. in. Exhibits. All Exhibits referred to in this Agreement as attached are incorporated in the Agreement in their entirety by reference. n. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. o. Countemarts. This Agreement may be executed in counterpart or duplicate copies, and any signed counterpart or duplicate shall be equivalent to a signed original for all purposes. p. Authorily. Each of the persons executing this Agreement represents that they have full right and authority to execute the Agreement. 10 I IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth with their signatures below. "DISTRICT" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Approved and c d: By: Date: 1,,?Tlof neth C.Ni +' resident,Bo o irectors APPROVED AS TO FORM: 1 By: L Susan Schectman General Counsel Attest: ---.� BY Date: r ��/ems - Gordon Baillie, Interim District Clerk "DRISCOLL RAMC S LLC" By.2jj�L� l Date: Rudy W. Driscoll,Jr. Its: C—C� I 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I i State of California County of �_��' rC, C �t3'r� ss. On T4 a s a coo 'O before me, o '�o/r C' / e><,�� /Vo • J v.�l,'� D A ��-� Name and Tfle of Officer(e.g.,"Jane Doe,Notary P(15lic") personally appeared V` F/! Psi Name(s)of Signer al5ersonally known to me i Cl proved to me on the basis of satisfactory evidence to be the persorr(,,*;) whose name(* is/am- - — — — — subscribed to the within instrument and ) G.C.MAIN acknowledged to me that he/sheAhey executed C4awnlon#1515474 the same in his/4Q&4iienir authorized Nokery hADIllic-CaVomia capacity(iee), and that by his/he4Wfeir Sarda Clam Courlily signaturek&) on the instrument the person(o, or MVCanmB"wSep25.204 the entity upon behalf of which the person(s} acted, executed the instrument. i i WITNESS and official seal. Signature of Notary Public 1 t I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ( Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: A"e411 e ❑ Individual Top of thumb here C! Corporate Officer — Title(s): ❑ Partner — U Limited ❑General ❑ Attorney-in-Fact C' Trustee ❑ ardian or onservator/ / y� / Other._/_ eS;01f f 130d�",4v l9; Signer Is Representing:/' i�,-t� e/g/,r ' z*fa Ze" r^o 4 f/� c 91 /D i.rf r,c ,4- 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-8W-876-8827 i ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On /2 , 2001;before me a Notary Public 'n and for the County and State aforesaid, personally appeared 4) . �ue who isla personally known to me(or proved to me on the basis of sa isfactory evidence)to be the person(s)whose name(s) is/are- subscribed to the within instrument and acknowledged to me taj he/sheAfffy-executed the same in his/4pr eir authorized capacity(ies), and that by his eir signature(s) on such instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS,my hand and official seal. C.-.. BETINE LEE Sl nature d Commission# 1562137 g Notary Public-California �— M San Mateo County 1y Comm.Expires Apr 7,2009 r �r 12 SCHEDULE OF EXHIBITS Exhibit A Legal Descriptions of Driscoll Residence Parcel Exhibit B Legal Description of District Property Exhibit C Legal Description and Map of Easement Areas 13 EX IMBIT A DRISCOLL RESIDENCE PARCEL PORTION of Carter Lane 991.77 acre parcel located in San Gregorio Rancho,being more particularly described as follows: BEGINNING at a point in the Northerly right-of-way of the State Highway, leading from La Honda to San Gregorio,point being State Highway Stake No.L295-71.97; thence North 5° 54' 30" West 239.00 feet;thence South 840 05'30" West 316.00 feet;thence South 370 25' 30" West 219.00 feet;thence South 11° 25' 30" West 289.19 feet;thence along the Northerly right-of-way of State Highway North 73'05'East 252.72 feet to State Highway Stake No. L299+36.54EC;thence North 58"23'East 337.13 feet to the point of beginning. APN: 082-140-010 14 i EXHIBIT B DISTRICT PROPERTY PARCEL X: (23+/-acres) BEGINNING at the point where the centerline of the County Road leading from La Honda to San Gregorio intersects the centerline of what is known as Jims Gulch and running thence from said point of beginning on and along the centerline of the County Road as follows: South 52'45' West 2.5 chains South 69'45'West 2.50 chains, South 49' West 2.50 chains, South 34' 15' West 6.50 chains, South 6 1' West 2.50 chains, South 74' West 1.00 chains and South 57* West 1.60 chains to a point in the center of road from which a Live Oak tree 25 inches in diameter and standing on lower side of road bears South 36'West 158 links distant; thence leaving line of road and running North 5' 30" West 21.60 chains to comer; thence North 74*25'East 13.92 chains to a point in the center of Jims Gulch from which a Live Oak tree 25 inches a diameter and standing on left bank of gulch bears,North 74'East 40 links distant thence South 121 45' East 13.84 chains down and along the center of said Jims Gulch to the place of beginning, above courses run on a magnetic variation of 16*45'East, and being part of the San Gregorio Rancho. EXCEPTING THEREFROM that certain 1.95 acre tract as conveyed by Deed from Frank B.Anzar and Violet H.Anzar, his wife,to County of San Mateo,a Political Subdivision of the State of California, dated November 1, 1955 and recorded November 23, 1955 under Recorder's File No. 6466-N, Records of San Mateo County, California. ALSO EXCEPTING THEREFROM all the oil gas and other minerals and mineral rights either metallic or non-metallic within the non-excepted portion described in the Deed from Ethel P. Young to Frank B.Anzar, et ux, recorded March 19, 1945,Book 1166, Page 187, San Mateo County Records as reserved by Ethel P. Young in said Deed. APN: 082-140-020 PARCEL IX: PORTION of that certain tract of land as described in Deed to Carter H. Lane, recorded January 28, 1943 in Book 1048 of Official Records at Page 294, Records of San Mateo County, California,described as follows: BEGINNING at an angle point in the Southerly boundary line of that certain 8.49 acre tract conveyed from Carter H. Lane and Ethel Leona Lane,his wife,to the County of San Mateo for the alignment of La Honda Road, dated November 12, 1955 and recorded December 7, 1955 in Book 2930 of Official Records at Page 384 (File No. 10733-N), Records of San Mateo County,California; said angle point being in the centerline of San Gregorio Creek opposite Engineer's Station 284+50 and being Anther defined as being the Southeasterly terminus of the course given as "North 70'30'20" West 68.53 feet" in 15 said last mentioned Deed;thence from said point of beginning along said Southerly line of said La Honda Road,North 70' 30' 20" West 68.53 feet;thence Southwesterly on the arc of a curve to the left,tangent to a line which bears South 61' 27'45" West, said curve having a radius of 1150 feet, a central angle of 15*01'45" an arc distance of 301.65 feet; thence South 46'26' West 42.80 feet to the Easterly boundary line of that certain 1.29 acre parcel conveyed from Robert Silva and Manuel Silva to Leo A. Escolses by Deed June 12, 1931 and recorded June 18, 1931 in Book 527 of Official Records at Page 269, Records of San Mateo County,California;thence along said last mentioned line, South 220 5 F 30" East 300 feet more or less,to the centerline of San Gregorio Creek;thence along said last mentioned line Northeasterly to the point of beginning. APN: 082-170-010 (Portion) 16 i EXHIBIT C-I (Residence Springwater Easement) RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS 10 feet wide for waterline purposes over the lands described in the Deed from Driscoll Ranches L.G.G. to the Peninsula Open Space Trust dated January 17, 2002 in Document No. 2002-011582, San Mateo County Records, California, the centerline of said 10 foot wide easements being snore particularly described as follows: Parcel "A"(Peckabo Spring) Beginning at an existing spring distant thereon North 171 East 1400 feet more or less from the most northerly corner of that 23+/-acre parcel described as"Parcel X" in said Document No. 2002-01 1582, thence from said point of beginning southwesterly 2500 feet more or less along the centerline of an existing pipeline to an existing watertank, which lies distant thereon South 66 1/2' West 650 feet more or less from said most northerly comer; thence continuing southwesterly and westerly 650 fleet more or less to a point; thence southerly 700 feet more or less to a point of inter- section with the northerly line of that 3.61/- acre parcel described as"Parcel XI" in said Document No. 2002-011582,said point of intersection being the terminus of the hereinabove described easement. Parcel "13-2" (Anzar Spring) Beginning at an existing spring distant thereon South 840 Wert 550 feet more or less from the most northerly comer of the above mentioned 23+/- acre parcel; thence from said point of beginning southeasterly and southwesterly 270+1- feet more or less to the above mentioned watertanl:and the terminus of the hereinabove described easement. 110STDris.Residence.Sprg.Fase.doc 1 Ii2k% �? RICHARD SKILRx.1 1 s L.C.asaD SL LIC.EXP. uAii �� I APN 82-170-040 PEEKADOO SPpY"'I FL 57 C3 pax- ;N LSA540 cr r- Lic.ezl� APN 82-170 *6T rEti: fto x"N -47 DISTRICT ANZAR RESIDENCE SPRING zN1 IV (> a "wo.v TANK -�)t EL.-4664 s TIM— h "/z APN 82-140-020 2 3 41-,A t;,5 APN 82— Gi+�I/; AC.JRISCoLb 180-120 RESIDENCE APN 82— D-Rl—"'COLL'ElIENT 0-010 APN 82r'lr"lV7_ER - 130_130 LA HONDA RD SITE: 5711 LA HOAIDA ROAD, L4 HONDA, CALIF. SPRI1VGTK4TER EASE. PLAT RICK SKJERKA OF A PROPOSED WATERLINE EASEMENT LICENSED LAND SURVEYORwiml.v THE LANDS OF PO.S.T. TO BENEFIT THE DRISCOLL RANCHES b.L.C. COMMONLY 94062 MATEO CO. RECORDS, CALIF. ILJ P.O.DOX 620182 KNOWN AS APN 82-140-010, SAJV WOODSIDE CA --FOR-- T) E ) lDFN ( E (650)851-1236 PENINSULA OPEN SPACE TRUST FAX(650)322-1236 ATTN: MR. WALTER MOORE EXHIBIT "C-2" .108 -vo_ 05-13 JV 0 V 18. 2001; 3000 SAND HILL RD. 1-155 __AfEA'L0 PARK. C.A. 94025 RECORDED AT THE REQUEST OF, AM WI-JEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn.: General Manager NO TRANSFER TAX DUE DULY RECORDED WITHOUT FEE PUBLIC AGENCY ACQUIRING TITLE, Pursuant to Government Code CALIFORNIA REVENUE AND TAXATION Sections 6103,27383 III CODE SECTION 11922 BY: SPRINGWATER EASEMENT AGREEMENT (Driscoll Event Center) This Springwater Easement Agreement(herein,"Agreemenf'),dated as of 2007, is made by and between Driscoll Ranches LLC, a California limited liability company("Driscoll"), and the Midpeninsula Regional Open Space District,a public district established pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code(the"District"). RECITALS A. WHEREAS, Driscoll is the fee interest owner of certain parcels of real property located in the unincorporated area of the County of San Mateo, State of California, commonly referred to as San Mateo County Assessor's Parcel Numbers 082-130-120 and 082-130-130, collectively referred to herein as the"Driscoll Event Center,"as more particularly described in the attached Exhibit A,which is incorporated herein by reference; and B. WHEREAS, District is the fee interest owner of that certain parcel of real property located in the unincorporated area of the County of San Mateo, State of California, commonly referred to as San Mateo County Assessor's Parcel Number 082-170-040 and a portion of Assessor's Parcel Number 082-170-010 referred to herein as the "District Property" as more particularly described in the attached Exhibit 13 which is incorporated herein by reference; and C. WHEREAS,District was formed by voter initiative in 1972 to acquire,hold and manage lands for the preservation of open space and the protection of environmental and ecological resources and values;and D. WHEREAS,the District Property was acquired by District because it possesses such natural, scenic,open space, agricultural and recreational values which are referred to herein as the "Conservation Values" of the District Property; and E. WHEREAS, District agrees to convey to Driscoll easements for springwater delivery and use for the benefit of the Driscoll Event Center on the terms and conditions as set forth in this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration,the adequacy of which is hereby acknowledged, District and Driscoll agree as follows: I Grant of Easement. Subject to the terms, conditions,provisions and restrictions set forth in this Agreement, District hereby grants to Driscoll the following easement appurtenant to and for the benefit of the Driscoll Event Center for the purpose of extraction and use of springwater for equestrian,ranch, agricultural, and domestic use only,on the Driscoll Event Center and on no other parcels,by means of an existing underground waterline, springbox and water storage tanks over a strip of land 10 feet wide as described and shown on Exhibit C which is attached hereto and incorporated by this reference. These facilities shall hereinafter be referred to as the Event Center Springwater System or Springwater System, and in this Agreement also referred to as"Easement Area." 2. Right of Entry. The above-referenced easement includes the right to enter and to temporarily occupy,with persons, equipment and materials,those areas of the District Property reasonably necessary for the limited purpose of maintaining, inspecting, repairing or servicing the Event Center Springwater System,provided that Driscoll shall first consult and-cooperate with District with respect to such activities, so as to protect the Conservation Values and to facilitate the return of the land to its natural state after completion of such activities. District shall have approval authority,for any construction, repairs or maintenance within Easement Area under this Agreement. Nothing in this Agreement shall act to contravene Driscoll's rights of access to the District Property pursuant to that certain Lease Agreement("Agricultural Lease")between Driscoll and District, as successor in interest to Peninsula Open Space Trust,dated January 17,2002,pursuant to the terms and conditions thereof. a. Without the District's prior written consent, the above-referenced right expressly excludes the right to relocate the Event Center Springwater System,the right to drill on the District Property,the right to deepen the existing Springwater System,the right to otherwise expand the Springwater System and the right to install and/or maintain new springwater facilities that result in additional adverse environmental or scenic impacts (e.g.,without limitation, facilities which are bigger or taller). In the event Driscoll desires to relocate any portion of the Springwater System, Driscoll shall first obtain District's written consent,which may be granted or denied in District's sole discretion. b. The above-referenced right expressly excludes,without limitation,the right to maintain or use the Springwater System to extract water for any purposes other than equestrian, ranch,agricultural, and domestic use at the Driscoll Event Center. 3. Use of the Event Center Springwater System. a. Except as otherwise set out herein, Driscoll shall be entitled to the full use of the springwater that is extracted from the Driscoll Event Center Springwater System for the purposes,and serving the parcels, set out in this Agreement. Notwithstanding this entitlement,District shall have the right to extract and use springwater from the Driscoll 2 Event Center Springwater System in the event of an emergency presenting an imminent threat to health, safety or welfare,or where required by law,or when needed to conduct District construction,repair and maintenance activities. District may install related water improvements as needed for these circumstances,such as a hydrant. b. Driscoll and District both acknowledge the variable nature of underground springs,and that it is not possible to determine whether the Event Center Springwater System will continue in the future to provide a viable or productive source of water. In granting this Easement to Driscoll,District does not guarantee,promise or warrant that Driscoll's use of the Springwater System will in fact enable Driscoll to extract any minimum amount of water from the Springwater System sufficient for any use or purpose,whether due to lack of springwater, due to third-party water rights,or due to any order,allocation or other legal requirement, including,but not limited to,the Stream Adjudication set out in Section 3 (c)below. c. Driscoll and District acknowledge that there are,or may be,existing recorded or unrecorded third-party rights to use the Springwater System, and enter into this Easement subject to any such rights, including,but to limited to,certain third-party water rights as more specifically set forth in the following documents: i) Deed recorded August 11, 1947 in Book 1363 on Page 498 of the Official Records of San Mateo County. ii) The San Gregorio Creek Stream System Adjudication, San Mateo County Superior Court Case No. 355792 ("Stream Adjudication"). iii) Driscoll and District agree and acknowledge that, in the event any easement right granted to Driscoll herein conflicts with any order, allocation,or other requirement arising out of the Stream Adjudication,the Stream Adjudication shall control. 4. Maintenance,Repair and Replacement of Sprinawater System. Driscoll shall provide for the proper maintenance,repair and replacement of the Event Center Springwater System including all waterlines, water storage tanks and springboxes and springs in good condition and repair at its sole cost and shall repair any damage to the surrounding land caused by the construction,repair, use or maintenance of the Springwater System. For the purposes of this provision,"proper maintenance,repair and replacement" includes, without limitation, ensuring that the Springwater System is kept in a condition such that the use, operation, construction,repair,maintenance or improvement of these facilities does not violate any local, state or federal laws, regulations or requirements, does not cause damage to persons, buildings or resources located on or adjacent to the District Property,and does not create any additional adverse scenic/visual impact or erosion on the District Property. In no event shall Driscoll or District be responsible to repair any damage caused by naturally occurring conditions, such as landslides or erosion, which are not directly caused by Driscoll's activities,nor shall Driscoll be responsible to repair damage directly caused by District's activities. 5. No District Obkations. District is not obligated to provide for the maintenance, repair, improvement,or replacement of the Springwater System,and District is not responsible for 3 any costs related to the maintenance,repair or replacement of the Springwater System. District reserves the right,but not the obligation,to repair, improve, maintain or upgrade the Springwater System in its sole discretion. If such work is not due to Driscoll's violation of its obligations under this Easement, such work shall be at District's sole cost. Nothing in this section shall limit District's legal remedies set out in this Easement. 6. Duty of Care. a. In conducting activities within the Easement Area,or otherwise pursuant to this Agreement,Driscoll(and any party,agent, contractor or consultant hired by Driscoll) shall ensure that its activities are conducted in a manner that does not harm third parties, third parties' real or personal property,the District Property, District's real or personal property,or District's employees, agents or invitees. Driscoll shall be responsible to third parties and District for all costs and damages caused by activities and/or omissions conducted by Driscoll (and any party, agent,contractor or consultant hired by Driscoll) within the Easement Area,or otherwise pursuant to this Agreement. For purposes of this provision,"costs and damages" includes,without limitation,consequential damages and the costs of restoring natural resources to their initial pre-damaged condition. b. Because the presence of repair and maintenance vehicles on and in the Easement Area may have adverse visual impacts and/or adversely impact natural resources on the District Property,Driscoll will make reasonable efforts to limit the use and presence of such vehicles. These efforts may include,without limitation: removing such vehicles from the Easement Area when such vehicles are not being used for maintenance, repair or replacement activities;prohibiting the overnight parking of vehicles on or in the Easement Area; and operating vehicles in locations at speeds that avoid disturbance of natural areas(e.g.,without limitation, grassland,vegetation,trees,ponds,wetlands and streams c. Notice of Exercise of Rights. Driscoll shall notify District, in writing, not less than five (5)days prior to the date Driscoll intends to exercise any right pursuant to the conditions and restrictions stated in this Agreement. Driscoll shall notify District in writing not less than twenty-four(24)hours after entry onto the District Property for routine and minor repair of the Event Center Springwater System. Each required notice shall describe the nature, scope,design, location,timetable,and any other material aspects of the proposed activity in sufficient detail to permit the District to make an informed-judgment as to the consistency of any such activities with this Agreement. Notwithstanding the foregoing, in the case of an emergency requiring immediate entry to abate an existing threat to health, safety,or welfare, Driscoll may enter the District Property and commence such repairs, in which case such written notice shall be given within twenty-four(24)hours after entry. All notices required by this Section shall be given to the Area Superintendent of the District's Skyline Field Office(or, if the Area Superintendent is unavailable, the employee in charge of the Skyline Field Office at that time) at 21150 Skyline Boulevard, La Honda, CA 94020, Telephone 650-949-1848 or Fax 650-949-1781 7. Driscoll Right to Relocate. In the event the Springwater System is no longer capable of 4 conveying water to the Event Center due to a natural condition that results in the lack of a springwater source for that system,Driscoll may instead use the Alternative Event Center Springwater System,as shown on Exhibit D hereto, subject to all of the terms,revisions, conditions and restsrictions set out in this Agreement. Driscoll in no event may use both Systems. 8. District Right to Relocate. District may relocate any portion of the Event Center Springwater System in its entirety,to a location on the District Property that is outside the Easement Area provided that all of the following conditions are met: a. District assumes responsibility for the costs related to this relocation. b. The estimated costs for Driscoll to properly maintain and repair the relocated Springwater System will be comparable to=and not greater than the estimated costs of properly maintaining and repairing the original Springwater System. c. District's relocation of the Springwater System will not result in a change in water source or reduction in the water-carrying capacity of such facilities. d. the costs to Driscoll of conveying water to Driscoll Event Center via the relocated Springwater System will be comparable to and not greater than the costs to Driscoll of conveying water via the original Springwater System. e. District provides Driscoll an alternative source of water with not less than the then- existing outflow of the original source of water for the Driscoll Event Center during the relocation period to the extent that relocation activities temporarily suspend Driscoll's access to water from the Springwater System. f. District conveys and records at its sole cost a replacement easement granting Driscoll the rights hereunder to the relocated Springwater System in a new,relocated springwater conveyance easement area,and extinguishing the Easement granted Driscoll by this Agreement. g. District provides not less than sixty(60)days' prior written notice to Driscoll of the relocation. 9. Extineuishment. District shall be entitled, at its own expense,to dismantle and remove all or a portion of the Springwater System, or either one of them, and Driscoll's rights under this Agreement shall be extinguished,provided the following specific conditions are met: a. Driscoll does not extract, store and convey water using all or a portion of the Springwater System for a consecutive period of five (5)years or more,or, the Springwater System is in a significantly dilapidated condition so that it cannot adequately convey water. Such conditions shall demonstrate these facilities have been abandoned by Driscoll. b. District provides Driscoll or the current owner of record with written notice of District's intention to dismantle the Springwater System and extinguish provisions of this Agreement related to the Springwater System. 5 c. Driscoll fails to provide a written objection to District's written notice within ninety(90)days of the effective date of such notice,or,pursuant to the dispute resolution procedures set forth in this Agreement, it is determined that Driscoll has not extracted,stored and conveyed water using the Springwater System for a consecutive period of five(5)years or more or that the dilapidated condition of the Springwater System constitutes abandonment of these facilities by Driscoll. d. Following Driscoll's failure to timely respond in writing to the above-described written notice from District,or following the above-referenced determination pursuant to the dispute resolution procedures set forth in this Agreement,District records a Notice of Extinguishment of Reserved Springwater Easement with the San Mateo County Recorder's Office. The Notice of Extinguishment of Reserved Springwater Easement shall indicate that Driscoll's reserved rights regarding the Springwater System are extinguished. Driscoll and District hereby agree that, provided the first three conditions listed above are met,District shall have the unilateral right to record a Notice of Extinguishment of Reserved Springwater Easement. The method of extinguishment provided above is not intended and shall not be interpreted to limit or modify any other rights or remedies that Driscoll or District may have under California law. 10. Remedies. If District believes that the use or maintenance of the Springwater System or any other activities of Driscoll violates this Agreement, or that any such violation is threatened, then: a. District shall give written notice of such fact to Driscoll and demand corrective action sufficient to cure the violation.If the violation involves injury to District Property resulting from any prohibited use or activity,District may also demand that Driscoll restore the area so injured. b. If any such violation is not corrected on or before the thirtieth (30th) day following delivery of such notice (or, if the correction cannot reasonably be made within said thirty (30)day period,within such longer time after such notice as is reasonably required for a cure),then the District may,at its election, submit the matter to binding arbitration pursuant to Section 15 herein,or bring an action at law or in equity, in a court of competent jurisdiction,to enforce the above conditions and restrictions,to enjoin the violation,exparte as necessary,by temporary or permanent injunction,to recover any damages to which it may be entitled for a violation (including damages for the loss of scenic,aesthetic, or environmental values as a consequence of the violation), and to require the restoration of the affected area to the condition that existed prior to injury. Without limiting Driscoll's liability therefore, District, in its sole discretion, may apply any damages recovered from Driscoll to the cost of undertaking any corrective action required as a consequence of Driscoll's default. If circumstances require immediate action to correct a violation by Driscoll, and District, in its good faith discretion,believes that Driscoll will not promptly commence,or will not thereafter diligently complete, such action so as to cure the violation in a timely manner,then District may pursue its remedies under this Agreement without prior notice to Driscoll or without waiting for the 6 period for cure to expire. The rights of District under this Section shall apply equally in the event of either actual or threatened violations,and Driscoll agrees that the remedies of District at law for any violation are inadequate and that District shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which said District may be entitled, including specific performance,without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies of District described in this Section shall be cumulative and shall be in addition to all other remedies now or hereinafter existing at law or in equity, including without limitation,the right to submit the dispute to binding arbitration pursuant to Section 14 herein. 11. Indemnification. Driscoll shall indemnify,protect,defend,and hold harmless District, and its directors,officers,employees,agents, successors,assigns or invitees(collectively "Indemnitees"), from and against any and all claims, demands, actions,causes of action, losses,damages, liabilities,or costs whatsoever, including but not limited to reasonable attorneys' fees and court costs,which may be suffered or incurred by, or threatened against Indemnitees,and from any and all damage or loss of the property of such persons, to the extent such claims, demands, actions,causes of action, losses,damages, liabilities, fees or costs results from,arises out of, or is attributable to the use of this Agreement,-any activities by Driscoll upon the Easement Area or District Property-under this Agreement,or the installation,construction,operation,maintenance,or lack of repair or maintenance of the Event Center Springwater System by Driscoll, its agents, employees or contractors pursuant to this Agreement. This indemnity includes,without limitation, claims and lawsuits filed by third parties; claims, lawsuits and administrative orders brought by government agencies;and any claims or lawsuits alleging that the use or operation of the Springwater System violates or impairs rights under the San Gregorio Creek Stream System Adjudication, San Mateo County Superior Court Case No. 355792,or any other water right. Except to the extent caused solely by the gross negligence or willful misconduct of District or the Indemnitees, Driscoll waives any and all rights to any type of express or implied indemnity or right of contribution from District with respect to any liability resulting from, growing out of, or in any way connected with or incident to the use, installation,construction, operation, maintenance,or lack of maintenance of equipment installed pursuant to this Agreement on District Property by Driscoll. 12. Easement Apipartenant. The Easement granted herein and all rights thereunder are appurtenant to Driscoll Event Center, are not personal to Driscoll, and shall not be expanded, severed,or assigned separately from a conveyance of the entirety of the Driscoll Event Center,whether by the owners of the Driscoll Event Center or by operation of law. 13. Covenants and Eguitable Servitudes to Run with the Land. Both the burden and the benefit of each of the promises and covenants contained in this Agreement shall be deemed to run with the land. This instrument and all covenants,rights,promises and liabilities contained herein shall be binding upon and inure to the benefits of Driscoll's and District's respective grantees,their heirs, successors,personal representatives and assigns. Each and all of these obligations and covenants shall be deemed to be equitable servitudes, enforceable as set out herein. 7 14. Negation of Third Party Rights. This Agreement is not intended, nor shall it be construed, to create any third party beneficiary rights in or for the benefit of any person who is not a party hereto,except as otherwise expressly provided to the contrary in this Agreement. 15. Bindin Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or II � n P g the performance or breach thereof,the parties agree first to participate in non-binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation,any remaining unresolved controversy or claim shall be settled by binding arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. including the right 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, or, if it no longer exists, its successor or a comparable judicial arbitration service. If i required to resolve a dispute, it shall in all cases be final and binding. arbitration s p g 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 DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE"ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. DISTRICT INITIAL DRISCOLL INITIAL 16.Miscellaneous. a. Hem. The titles and headings of the various Sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify or place any construction on any of the provisions of this Agreement. b. Entire Agreement. This Agreement,which includes the Exhibits,contains all representations and the entire understanding and agreement between District and Driscoll 8 regarding the matters set out in this Agreement. c. Amendments. This Agreement shall not be altered or modified except by a writing signed by Driscoll and District and recorded in the County of San Mateo Recorder's Office. d. Further Assurances. Each party shall execute and deliver, in recordable form if so requested, such documents as are reasonably necessary or appropriate to carry out the terms, conditions and intent of this Agreement. e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. f. Waiver. Enforcement of the conditions and restrictions of this Agreement shall be at the discretion of the person or entity holding the right to be enforced and any forbearance by said person or entity to exercise its rights under this Agreement in the event of any breach of any condition or restriction of this Agreement shall not be deemed or construed to be a waiver of any such conditions or restrictions or of any subsequent breach of the same or any other obligation under this Agreement. No delay or omission by said person or entity in the exercise of any fight or remedy upon any breach of this Agreement shall impair such right or remedy or be construed as a waiver. g. Delay and Laches. The parties each waive any defense based on the other party's failure to enforce, or a delay in enforcing, its rights or remedies, laches or prescription in any action or proceeding, including,but not limited to,arbitration brought by the other party to enforce or to interpret the provisions of this Agreement. The foregoing, however, shall not extend the time permitted for the giving or withholding of consent,when such time is expressly set forth in this Agreement. h. Attorneys' Fees. In the event of litigation or arbitration between the parties arising out of or relating to this Agreement,each party will equally share court or arbitration costs and bear its own fees of attorneys,accountants and expert witnesses incurred by such party in connection with the action or arbitration, including such costs and fees incurred because of any appeals. i. Election of Remedies. Nothing contained in this Agreement shall be construed to diminish the remedies otherwise available to District or Driscoll at law or in equity; and this provision shall not be merged into any judgment but shall survive any judgment. j. Notices. Any notices given under this Agreement shall be in writing and shall be served either personally,delivered by overnight U. S.Mail with postage prepaid,or by a nationally recognized overnight commercial courier services with charges prepaid. Notices may also effectively be given by transmittal over electronic transmitting devices if the party to whom the notice is being sent has a receiving device in its office, and provided a complete copy of the notice shall also be served either personally or in the same manner as required for mailed or couriered notices. Except as otherwise agreed herein,notices shall be deemed received at the earlier of actual receipt or one business day following deposit in U.S.Mail or with a nationally recognized commercial courier with charges prepaid. Notices shall be addressed to the appropriate party as follows: 9 "District" "Driscoll" Midpeninsula Regional Open Driscoll Ranches, LLC Space District Rudy W. Driscoll, Jr. 330 Distel Circle 2995 Woodside Road Suite 450 Los Altos, CA 94022-1404 Woodside, CA 94062 Attn: General Manager Telephone: (650) 851-1261 Telephone: (650)691-1200 Facsimile: (650) 523-8579 Facsimile: (650)691-0485 Either party may change its address for notice purposes by giving notice to the other in accordance with this Section,provided that the address change shall not be effective until five days after the notice is received or is deemed received as the case may be. k. Gender and Number. As used in this Agreement,the masculine, feminine and neuter gender, and the singular or plural number, shall include the others whenever the context so indicates. 1. Severabilfty. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, District and Driscoll agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement and further agree to replace such void or unenforceable provisions with provisions which will achieve,to the extent possible,the economic,business and other purposes of the void or unenforceable provisions. m. Exhibits. All Exhibits referred to in this Agreement as attached are incorporated in the Agreement in their entirety by reference. n. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. o. Counterparts. This Agreement may be executed in counterpart or duplicate copies, and any signed counterpart or duplicate shall be equivalent to a signed original for all purposes. p. Authorily. Each of the persons executing this Agreement represents that they have full right and authority to execute the Agreement. 10 IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates set forth with their signatures below. "DISTRICT" MIDPENINSULA REGIO OPEN SPACE DISTRICT A roved and ce d: By: Date: eth C. itz resident, Board of ors APPROVED AS TO FORM: SL By: � C'Q �7��I Susan Schectman General Counsel i Attest: C — %�� Date: Gordon Baillie Interim District Clerk "DRISCOLL RANG S LLC" By: Date: Rudy W. Driscoll,Jr. Its: 11 I ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f State of California ss. Countyof I On U 4r /C o��_ o?.cTo before me, Daly Name and Title of Officer(e.g..'Jane Doe,411clary Public") �c personally appeared kP't -7 C Name(s)of Sign ) C ersonally known to me E) proved to me on the basis of satisfactory evidence to be the person(' whose name(e) is/afe G.C.M A11 subscribed to the within instrument and ( Cormnlsabn# 1515474 acknowledged to me that he/sUo44&y executed -� Nolory Public-C Ilt to the same in his/laerA+ieir authorized Santa Cloio County capacity(4&s and that by his/heN Heir MVConm•Fxpiwt Sep 25.2W$ signature(s) on the instrument the person(s), or the entity upon behalf of which the personal acted, executed the instrument. WITNESS and official seal. Sgnature of Notary Public OPTIONAL f Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �'f7��'/� Document Date:_ _ Number of Pages:_1/ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian r Conserver L4'6ther: �S• �4c�'f c�a.;� i Signer Is Representing: '< <� i�`✓ a .'�� ��' %o,17 a ( eAC 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT STATE OF CALIFORNIA I COUNTY OF SOL*t Pa-�'U /1- 200 before me &'� a Nota Pub is in On —- - -� � � ry and State aforesaid personally appeared 6-av and for the County ,p Y PP who is/are personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/2ra*subscribed to the within instrument and acknowledged to me that he/ ley executed the same in his/tWa4tkrr authorized capacity(ies), and that by his/h e1r signature(s) on such instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS,my hand and official seal. .e�.. ,_ n 8c1111E LEE Commission# 1562137 z . +e E Notary Public-California '> San Mateo County ZZ Signature My Comm. Expires Apr 7,2009 I 'i i �I 12 SCHEDULE OF EXHIBITS Exhibit A Legal Descriptions Driscoll Event Center Exhibit B Legal Description of District Property Exhibit C Legal Description and Map of Easement Areas Exhibit D Legal Description and Map of Alternative Event Center Springwater System 13 EXHIBIT A DRISCOLL EVENT CENTER PARCELS Beginning at a point in the surveyed center line of the County Highway from La Honda to San Gregorio, Route 6, Division 3, Section 3, as conveyed in 1916, said point being Station 286 + 17.26 from which point a concrete monument on the Northerly side of the paved portion of said highway is 23 feet distant and another concrete monument on the Southerly side of the paved portion of said Highway is 20 feet distant; thence from said point of beginning, along said centerline of said highway, South 44' 26' West 191.18 feet to Station 288+08.44 from which a concrete monument on the Northerly side of the paved portion of said highway is 22 feet distant and another concrete monument on the Southerly side of the paved portion of said highway is 20 feet distant; thence continuing along the centerline of said highway, South 49' 2 1' West 140.01 feet; thence on a curve to the right, tangent to the preceding course, with a radius of 100 feet and a central angle of 44 * 56' an arc distance of 78.42 feet; thence North 85' 43' West 81.80 feet to Station 291 +08.67 feet; thence leaving said highway, South 270 391 East 535.44 feet to the center of San Gregorio Creek, thence up the center of said creek, North 45' 42' East 171.31 feet, North 560 42' East 200.80 feet and North 640 12' East 99.23 feet; thence leaving said Creek,North 27' 39'West 504.26 feet. Excepting therefrom that certain 0.60 of an acre parcel and that certain 0.02 of an acre parcel conveyed from Robert H.Norton and Bernice A.Norton his wife to the County of San Mateo,by Deed dated November 10, 1955 and recorded January 11, 1956 in Book 2949 of Official Records at page 428 (File No. 19609-N), Records of San Mateo County, California. A.PN: 082-130-120 A PORTION of Carter Lane 991.77 acre parcel located in San Gregorio Rancho,being more particulaly described as follows: BEGINNING at the intersection of the Easterly property line of Carter Lane 991.77 acre parcel with the Southerly right-of-way line of the San Gregorio-La Honda Road, known also as Stake Route S-1047 Section 1, formerly known as County Road No.28, said point of beginning being also a point on a curve at Stake Highway Station 296+76.34;thence running Southwesterly along said Southerly right-of-way line along the arc of a curve to the right,tangent to a line bearing South 58' 10'30" West, an arc distance of 275.81 feet, through a central angle of 14' 54' 30"having a radius of 1060 feet to a point at the end of said curve (hwy. Sta. 299-36.54 E.C.); thence South 69* 56' West 364.01 feet;thence South 73' 05' West 600.00 feet;thence South 68' 52' 25" West 154.74 feet,more or less, to the intersection of said Southerly right-of-way line with the Westerly property line of said Carter Lane Parcel;thence leaving said State Highway Southerly right-of-way line and running Southerly along said Westerly property line of said Carter Lane parcel South 270 4 1' 30" East 359 feet,more or less,to its intersection with the centerline of San Gregorio Creek;thence along the centerline of said creek Northeasterly to its intersection 14 with the Easterly property line of aforesaid Carter Lane parcel;thence along said Easterly y property line North 29°53'50"West l 10 feet,more or less,to the point of beginning. Excepting and reserving therefrom all crude oil,petroleum and all kindred substances p g g under and in said land as reserved by Alfred.K. Smith and Anne M. Smith by Deed recorded May 4, 1965,Book 4945,Page 493, San Mateo County Records. APN: 082-130-130 i i I I I 15 EXHIBIT B DISTRICT PROPERTY PARCEL VIII: BEGINNING at the point of intersection of the Northerly boundary line of that certain 9.49 acre parcel conveyed from Carter H. Lane and Ethel Leona Lane,his wife,to the County of San Mateo, for the alignment of La Honda Road,by Deed dated November 12, 1955 and recorded December 7, 1955 in Book 2930 of Official Records at Page 394(File No. 10733-N),Records of San Mateo County, California,with the Westerly boundary line of lands conveyed from Inter-Counties Investment Co.to Carter H. Lane, by Deed dated January 10, 1942 and recorded January 28, 1943 in Book 1048 of Official Records at Page 294(File No. 73797-E),Records of San.Mateo County, California;thence from said point of beginning,along said Westerly boundary line,North 24' 51'East 1300 feet, more or less, to 1 3/4 iron pipe set in 1935 to replace a 4" x 4" redwood post marked "N- 2 11-29-23 L.L.L." and delineated on that certain map filed in Book 155 of Official Records at Pages 2 and 3,Records of San Mateo County,California;thence North 8°43' West 353.64 feet to a 1 inch iron pipe set in 1935 to replace a 4" x 4" redwood post marked"N-3 L.L.L." and also delineated on the above mentioned map;thence along the Northerly boundary lines of the lands described in Deed to Dortha M. Roy and Joseph A. Roy,her husband,dated April 2, 1941 and recorded April 7, 1.941 in Book 950 of Official Records at Page 293 (File No. 16995-E),Records of San Mateo County, California; Lands described in Deed to Robert Bielenberg and Olivia Bielenberg, his wife,dated May 12, 1951 and recorded June 5, 1951 in Book 2080 of Official Records at Page 509(File No.40403-J), Records of San Mateo County,California; lands described in the Deed to John E.Alsford, recorded April 16, 1895 in Book 69 of Deeds in Page 222 Records of San Mateo County, California; and lands described in Deed to Byron F. Farrington and Mildred Farrington,his wife,dated March 5, 1963 and recorded March 12, 1963 in Book 4409 of Official Records at Page 603 (File No. 69710-V),Records of San Mateo County, California,North 63" 28' 30" West 3972.71 feet to an angle point in the general Northeasterly line of said last mentioned lands and an iron pipe set thereon to i mark the Southeast corner of F. O'Brien 550 acre tract,as delineated on that certain map entitled "Record of Survey of a portion of San Gregorio Rancho, San Mateo County, California" filed in the office of the County Recorder of San Mateo County on February 19, 1964 in Book 5 of Licensed Land Surveyors Maps at Page 112;thence along the boundary of the lands shown on said last mentioned map,North 21° 59'26" East 454.11 feet to the centerline of Bogess Creek;thence up the centerline of said Bogess Creek, 5900 feet, more or less,to a point therein from which a fence corner and a 24 inch Alder tree marking the Northeast corner of the lands of Manuel V. Souza described in that certain decree Quieting Title recorded October 14, 1940 in Book 909 of Official Records at Page 495(File No. 2054-E),Records of San Mateo County, California, bears North 69'00'West 24.00 feet;thence continuing up the centerline of Bogess Creek,the following courses and distances: North 59' 25'East 154.72 feet,North 11 40' West 80.60 feet,North 7°20'East 71.60 feet,North 29' 30' West 190.40 feet,North 7°26'East 168.1.0 feet,North 6°30'West 98.66 feet,North 56°00'East 60.86 feet,North 14" 00' 16 East 61.35 feet,North 18' 30'West 137.60 feet,North 20'4 V East 48.10 feet,North 16' 1 I'West 66.50 feet,North I'29'East 74.90 feet,North 62'47'East 82.20 feet,North 350 03'East 66.40 feet North 180 42'West 104.70 feet, South 88' 04'West 39.10 feet,North 24' 39' West 122.50 feet,North 63' 30' West 71.89 feet,North 12'40' East 50 feet, North 73'20'East 70 feet, South 81' 00'East 66.81 feet and North 66' 30'East 52.56 feet;thence leaving said centerline of Bogess Creek, South 50' 30'Eats I 10.11 feet to an iron pipe set in July, 1965;thence continuing South 50'30'East 4060.43 feet to an iron pipe set in July, 1965;thence contining South 50'30'East 689.46 feet to an iron pipe set in July, 1965 in the centerline of a ravine;thence South 29'45'East 2302.08 feet to an iron pipe set in July, 1965;thence South I 1' 00'East 67.54 feet to the centerline of Harrington Creek;thence down the centerline of Harrington Creek,the following courses and distances: South 64'00' West 234.67 feet, South 10* 50' East 185 feet, South 26' 20' East 115 feet, South 4'40'West 96.91 feet, South 230 42'West 183.70 feet, South 24' 20'West 195 feet, South 3 0 IY West 285 feet, South 5 1 0 10'East 112 feet, South 18" 30' East 362 feet, South Y 15'East 53 feet, South 32*45'West 55 feet, South 25' 36'East 117.60 feet, South 4 1"45'East 111.00 feet, South 210 251 Fast 121.90 feet, South 60 20, East 71.28 feet, South 18' 09'East 121 feet, South 2' 38'East 137 feet, South 15' 35' West 104.10 feet, South 4'20'East 121.60 feet, South 6'23' West 75 feet, South 25 0 3 3' West 68.30 feet, South 560 561 East 80.40 feet, South 80 10' West 48.00 feet, South 31 50'West 61 feet, South 46' 15'East 63 feet,North 72'05'East 134 feet,North 83* 10' East 135 feet, South 7*451 West 67 feet, South 440 301 West 77 feet, South I I'20'East 55.74 feet and South 84'00'45" East 51.35 feet to an angle point in the Northerly boundary line of lands conveyed from Robert A. Silva,et al,to Mads P. Christensen et al.,by Deed dated October 15, 1930 and recorded October 27, 1930 in Book 492 of Official Records at Page 457,Records of San Mateo County, California;thence along the Northerly boundary line of said last mentioned lands, South 5' 59' 15" West 59.20 feet to an iron pip;thence South 83' 12' 15" West 527.8 feet to another iron pip;thence South 161 09'West 137.20 feet to the centerline of San Gregorio Creek;thence down the centerline of San Gregorio Creek, Southwesterly 150 feet, more or less,to the most Easterly comer of lands conveyed from R. A. Silva, et ux,to Louis P. Zanoni, et ux, by Deed December 27, 1929 and recorded January 24, 1930 in Book 457 of Official Records at Page 103, Records of San Mateo County, California; thence along the Northeasterly boundary line of said last mentioned lands,North 63' 52'West 225 feet to an iron pipe; thence along the Northwesterly line of said lands, South 51 08'West 215 feet to another iron pipe and the Northeasterly line of lands conveyed from R.A. Silva and Manuel F. Silva to Louis F. Zanoni and Mary Zanoni,his wife,by Deed dated February 23, 1928 and recorded February 25, 1928 in Book 339 of Official Records at Page 390,Records of San Mateo County, California;thence along the Northeasterly and Southwesterly boundary lines of said last mentioned lands,North 63 0 52' West 425-21 feet and South 300 42'East 1139.39 feet to the Northerly boundary line of La Honda Road, as established by said Deed to the County of San Mateo, recorded in Book 2390 of Official Records at Page 384, Records of San Mateo County, California;thence along said last mentioned line, South 88'West 193.79 feet;thence Westerly, on the arc of a curve to the left,having a radius of 1310 feet, a central angle of 13' 53'09", an arc distance of 317.48 feet; thence continuing along said Northerly line of La Honda Road, South 56*42' 20" West 166.89 feet to the Easterly boundary line of lands conveyed from John H. Spring,et 17 ux,to James M. Bell,et ux,by Deed dated September 10, 1902 and recorded September 27, 1902 in Book 98 of Deeds at Page 188, Records of San Mateo County, California; thence along the Easterly,Northerly and Westerly boundary lines of said last mentioned lands,North 12'45' West 811.72 feet, South 74'25'West 918.72 feet and South 5' 30' East 1054.86 feet to the Northerly boundary line of lands conveyed from Charter H. Lane, et ux to Alfred K. Smith,et ux, by Deed dated May 8, 1961 and recorded July 17, 1961 in Book 4018 of Official Records at Page 699,Records of San Mateo County, California;thence along the Northerly and Westerly boundary lines of said last mentioned lands, South 840 051 30" West 316 feet, South 370 251 3011 West 219 feet and South I 1'25' 30" West 287.19 feet to the above mentioned Northerly line of La Honda Road;thence along said last mentioned line, South 73'05' West 110.74 feet;thence South 75' 32' 15" West 350.32 feet; thence South 731 05' West 350 feet; thence South 70' 50' 10" West 382.57 feet;thence South 800 44'20" West 546.32 feet to the point of beginning. EXCEPTING THEREFROM so much thereof as described in the Deed from Peter Folger to Alan Lambert, an unmarried man,dated September 23, 1974 and recorded April 5, 1976 in Book 7089 of Official Records of San Mateo County, Page 270 (57791-AJ). ALSO EXCEPTING therefrom so much thereof as may lie Southerly and Westerly of the line described in the boundary line agreement by and between Alan G. Lambert, an unmarried man and Mariska Huynen, a single woman,parties to the first part and John L. Bradley and John F. Miller,executors of the Estate of Peter Folger, deceased,parties of the second part, dated March 28, 1982, recorded April 2, 1982,Instrument No. 82026723, San Mateo County Records. ALSO EXCEPTING THEREFROM any portion thereof described in the Tax Deed to Angelo Costanzo,et al,recorded February 10, 1982, Series No. 82011788, San Mateo County Records. APN: 082-170-010 (Portion) APN: 082-170-040 18 EXHIBIT C-I (Event Center Spring Easement) RESERVING A NON-EXCLUSIVE EASEMENT 10 feet wide for waterline purposes over the lands described in the Deed from Driscoll Ranches L.L.C. to the Peninsula Open Space'l'rust dated January 17, 2002 in Document No. 2002-011582, San Mateo County Records, California, the centerline of said 10 foot wide easement being more particularly described as follows: Beginning at an existing spring box distant thereon North 14' West 500 feet more or less from the II most westerly corner of that 3.6+/-acre parcel described as"Parcel XI" in said Document No. 2002-011582; thence from said point of beginning southerly and westerly 700 feet more or less along the centerline of an existing waterline to a point between two existing water tanks;thence southerly and easterly 360 feet more or less along said centerline to a point of intersection with the northerly Right of Way line of La Honda Road commonly known as State Route 84, said point of intersection being the terminus of the hercinabove described easement. POSTDris.Event Sprg.Flasc,doc I 1128AM 140 0, RICHARD MLAKA 0 L.S.4840 g U1 I XP. �O�pLLAry�sG - APN 82-170-040 RICHaan SKIEMA G t _ROAD ,. I, 9�Oo 'APN 82-170-010 !I CAliru "� V S[DE CE y. ... vN �G ,17 .j SPR NG TANKS 1r,�rER�NBOX E ,F ° APN 82-140-020 8C] _DRISCOLL BE APN 82— ;�Ir�.v,�.�4 k APN 82E:�cE 130-120 4- NDA RD O DRISCOLL EVENT CENTER LA APN 82-130-130 SITE: 5460 LA HO.NDA ROAD, LA HONDA, CALIF. RICK S.KIERKA SPRINCWATER EASE. PLAT OF A PROPOSED WATERLINE EASEMENT LICENSED LAND S UR VE YCR WITHIN THE. LANDS OF P.O.S.T. TO BENEFIT THE DRISCOLL RANCHES L.L.C. COMMONLY CENTJL:jn �r1P.O.BOX 620182 KNOwN AS APN 8z-130—J20 do 8z—J30—tan, T �T IINWOODSIDE, CA. 94062 SANMATEO CO. RECORDS, CALIF. 1 (650)851-1236 PENINSULA OPEN SPACA TRUST Fi1X(6550)32.2-1236 ATTN: MR. WALTER MOORF, EXHIBIT "C-2" JOB N0. 05—13 NOV. 28, 2006 3000 SAND HILL RD. 1-155 41F,1V1,0 PARK CA. 94025 AMENDMENT to LEASE AGREEMENT This Amendment to Lease Agreement("Amendment") is made and entered into as of July 25,2007 by and between DRISCOLL RANCHES, LLC-., a California Limited Liability Company, as Lessee ("Driscoll") and the Midpeninsula Regional Open Space District, a special district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, as Lessor("District"). RECITALS A. District is owner of certain real property consisting of approximately 3,681-acres located in unincorporated San Mateo County, State of California consisting of Assessor's Parcel Numbers 082-170-010, 082-170-040, 082-140-020, 078-270-010, 078-270-020, 078-270- 030, 078-290-010, 078-290-020, 078-290-030 and 078-290-060 (hereinafter called "Property"). The Property includes various residential, agricultural, and accessory structures identified below and more particularly shown on Exhibit "I" attached hereto and incorporated herein by this reference. B. By a separate Lease Agreement between Driscoll Ranches, LLC-. and Peninsula Open Space Trust, dated January 17, 2002 (hereafter"Lease") Driscoll has leased the Property for the Permitted Activities. The Property leased to Driscoll pursuant to said Lease shall hereafter be referred to as"the Premises." Capitalized terms used but not defined in this Amendment shall have the meanings provided in the Lease. C. POST has assigned all right, title, interest and obligations in the Lease to District effective upon the date of close of escrow of the purchase of the Property from POST by District. D. District and Driscoll desire to amend the Lease to modify certain of its terms and conditions as more particularly set out herein. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and in consideration of the mutual covenants and conditions hereinafter set forth, District and Driscoll agree that the Lease is hereby amended as follows: 1. Effective Date: The Effective Date of this Amendment shall be the date it is fully executed by Driscoll and District. 2. Termination of Tenancy of Certain Residences and Accessory Structures: Driscoll agrees to terminate its use, occupancy and tenancy of the following residences and auxiliary structures as identified on Exhibit B to the Lease and as shown the maps attached hereto as Exhibit I under the terms, covenants and conditions set forth below. (a) Fortner Folger Ranch House #26. Driscoll agrees that its use, occupancy and tenancy of the structure described as Fortner Folger Ranch House 426 on Exhibit B to the Lease has terminated,and Driscoll has no further rights to lease this structure. Former Folger Ranch House#26 is more specifically shown on Exhibit I attached hereto and incorporated herein by this reference. The parties acknowledge and agree that the Folger Ranch House#26 was previously vacated by Driscoll, inspected and accepted by District, and District has assumed the full responsibility for repair, maintenance and improvement of said structure,and Driscoll shall have no further responsibility for the maintenance and repair of said structure. (b) Upper Ranch House#10,Upper Ranch Garage# 11,Main Kennel and Small Kennel. No sooner than three(3)years from the Effective Date,District shall have the right to terminate the Lease as to Driscoll's tenancy of the structures referred to as Upper Ranch House#10 and Upper Ranch Garage#11 on Exhibit B to the Lease if such structures are not occupied by Driscoll employees who are employed to carry out the Permitted Activities. Said structures are more specifically shown on Exhibit I attached hereto and incorporated herein by this reference.Driscoll acknowledges that there are accessory structures adjacent to Upper Ranch House#10 and Upper Ranch Garage#11 commonly known as the Main Kennel and Small Kennel. These accessory structures are more specifically shown on Exhibit I hereto. District's right to terminate Driscoll's tenancy as set out in this Subsection includes all rights of Driscoll's tenancy, if any, in the Main Kennel and Small Kennel. District may exercise its right to terminate this Lease as to any or all of the above-described structures by the delivery of written notice("Notice")to Driscoll at least six(6) months prior to the desired Lease termination date. Within thirty (30)days of receipt of this Notice,Driscoll shall send written notice to District that said structures are occupied, or,within three(3)months,will be occupied by Driscoll employees employed to carry out the Permitted Activities. District may request documentation reasonably satisfactory to it evidencing such occupancy. Upon receipt of such notice, District shall not have the right to terminate the Lease as to such structures so long as the structures are occupied by Driscoll employees employed to carry out the Permitted Activities. District may re-exercise its rights under this Subsection at any time during the Lease Term if District has reason to believe said structures are no longer occupied by Driscoll employees employed to carry out the Permitted Activities. In the event the Lease is terminated as to these structures,District shall assume full responsibility for the maintenance, repair and improvement of said structures,and Driscoll shall have no further responsibility for the maintenance, repair and improvement of said structures. (c) District's rights to terminate the Lease as set forth in this Subsection are in addition to all other rights and remedies to terminate the Lease as set out therein. 3. Driscoll's Option to Terminate Lease of All or a Portion of the Premises. Driscoll shall have the right to terminate the Lease as to all or a portion of the Premises, including but not limited to,one or more of the Residential Improvements identified on Exhibit B to the Lease(hereafter"Residential Improvements"), if Driscoll has determined that any such residence or portion of the Premises is no longer needed for Driscoll's use in carrying out the Permitted Activities. Driscoll may exercise this option by the delivery of written notice to District at least sixty(60)days prior to the desired Lease termination date. 2 4. Additional Conditions Regarding Assignment and Subleasing. In addition to the Limitation on Assignment set out in Section 19 of the Lease,the following specific terms and conditions shall apply to the Premises: (a) Grazing Subtenants. (i) Driscoll shall not sublet or license the Premises or assign the Lease or any portion or interest therein for grazing of domestic livestock or for any other purpose-without the prior written consent of District,which consent may be withheld in the sole and absolute discretion of District. Any such sublease, license or assignment without District's consent is a material breach of this Lease and voidable at District's option. (ii) Upon District's consent to Driscoll's request to sublet, assign or license all or a portion of the Premises to graze domestic livestock or for any other purpose, Driscoll shall submit any proposed sublease, license or assignment to District for its prior written approval in District's sole discretion. For each approved subtenant or licensee, Driscoll shall provide a Waiver of Relocation Benefits and Subtenant Estoppel Certificate executed by any such subtenant, subtenants, or licensees in the form set forth in Exhibit"11"attached hereto(hereafter "Subtenant Certificate"). (b) Residential Subtenants. (i) Driscoll shall promptly provide a list of all Driscoll employee residents and their immediate families currently occupying any of the Residential Improvements, and provide a Subtenant Certificate executed by each of said employees. In the event of a change in employee residents, Driscoll will promptly provide District an updated list of current employee residents and a Subtenant Certificate. (ii) Other than Driscoll employees or independent contractor residents residing on the Premises solely to carry out the Permitted Activities, (hereafter"Driscoll employees"),Driscoll shall not allow occupancy of, sublet or assign any or all of the Residential Improvements or any interest therein without the prior written consent of District, which consent may be withheld in District's sole and absolute discretion. Any such occupancy, sublease or assignment without District's consent is a material breach of this Lease and voidable at District's option (iii) Upon District's consent to Driscoll's request to sublet one or more of the Residential Improvements to a person other than a Driscoll employee, Driscoll shall submit any proposed sublease to District for its prior written approval in District's sole discretion. For each approved subtenant,Driscoll shall provide a Subtenant Certificate executed by any such subtenant (c) Leases, Subleases,and Licenses. Driscoll shall promptly deliver to District, accurate and complete copies of all leases, subleases, Driscoll employee employment 3 residence agreements, and licenses (1)between Driscoll and any lessees, sublessees, licenses, Driscoll employees, and occupants of the Premises, and (2)any other leases, subleases or licenses concerning the Premises(collectively"the Leases together with a list of all tenants, subtenants, occupants, employee residents, and licensees of the i Premises(collectively"Tenants"). 5. Surrender; Waiver of Relocation Rights. In addition to the Surrender of Premises provisions set out in Section 15 of the Lease,upon expiration or sooner termination of the Term of the Lease, Driscoll shall vacate the Premises and remove all persons and personal property therefrom,and shall surrender possession of the Premises and all portions thereof to District in the condition of the Premises as it existed at the subject only commencement of the Term of this Lease, � y to reasonable wear and tear and damage due to causes beyond the reasonable control of Driscoll. Driscoll, on behalf of Driscoll, and on behalf of Driscoll's immediate family, subtenants, licensees,and Driscoll employees hereby specifically waives any rights to, and releases District from,any and all claims for,relocation benefits and/or relocation payments to which Driscoll and those claiming through Driscoll might otherwise be entitled pursuant to California Government Code Section 7260 et seq., and any similar or successor statutes. Driscoll shall hold District harmless from and defend and indemnify District against any and all liability, cost,attorneys' fees, and expense suffered or incurred by District and arising in connection with any such right or claim to relocation benefits and/or relocation payments. By Driscoll's signature below,Driscoll specifically recognizes and accepts the terms of this Section 5 of the Amendment. THIS IS A WAIVER OF RELOCATION BENEFITS Dated: - Driscoll tt J A A Rudy W. riscoll, Jr. 6. Except as amended herein,all the terms of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, District and Driscoll have executed this Amendment as of the date first written above. DISTRICT: DRISCOLL: Nfidpeninsula Regional O n Sp trict Driscoll Ranches,LLC. By: By: K eth C.Nitz,Pre ident Rudy W. briscoll, Jr., CEO oard of Directors Driscoll Ranches, LLC i E Date: IuS16 �" Date: r7 - 12 -(:�i`1 4 Midpeninsula Regional Open Space District Driscoll Ranch Property Rental Unit Locations Q ell TM: cn IIA— n J _ ( t I `� (ll ( ( I(IrC'_ t—D Miles Exhibit 1 025 Former Folger Ranch House #26 5-4-A y F I �7 r• y 2Li � Y !fact f 3 1.'ry ems I r orme r 1�0 �gef 26 douse# I Ga,age ' f' d " , J• O Si. 3 Exhibit I-1 Feet Produced by Midpeninsula Regional Open Space District,September 2006 0 60 120 180 240 Upper Ranch House # 10 & Garage # 11 ' gg 1 6 ' 3 y1 pnp+ gyp '. x � E a ti al m C S. cL Mai nKennel per z O }� �"t,li rcrr ri7J5 ��i s ° r- IL Exhibit I-2 Feet e Produced b Mid peninsula Regional Open Space District,Sept ember 2006 0 50 100 150 200 Y P � P EXHIBIT H SUBTENANT ESTOPPEL CERTIFICATE AND WAIVER OF RELOCATION BENEFITS Subtenant Name and Address The undersigned is a subtenant, licensee,employee resident or occupant(hereafter collectively referred to as"Subtenanf')of the Driscoll Ranch Property,the description of which is attached hereto as Exhibit A and hereafter referred to as"the Premises." Peninsula Open Space Trust by the Lease Agreement dated January l7th 2002 has leased the Premises to Driscoll Ranches LLC and the Lease Agreement has been assigned to the Nfidpeninsula Regional Open Space District("District").The undersigned represents to the District,for its benefit and reliance,as follows: I. A complete true and correct copy of the sublease,license,employee residence agreement,or other agreement(hereafter collectively referred to as"Sublease"), inclusive of all addenda, exhibits and attachments thereto,and any amendments and modifications thereto to date, is concurrently delivered by Subtenant to District and attached hereto as Exhibit B. 2. The Sublease attached hereto is the only agreement between Driscoll Ranches LLC and Subtenant with respect to the Premises,and there are no modifications,amendments, supplements,or understandings,oral or written,amending the terms of the Sublease except as attached hereto. 3. The Sublease is in full force and effect,having been duly executed and delivered by Subtenant and is a valid binding obligation of Subtenant. 4. Subtenant has accepted possession of the Premises and any improvements required by the terms of the Sublease to be made by Driscoll Ranches LLC have been completed to the satisfaction of the Subtenant 5. Rental and other amounts due and payable under the Sublease to Driscoll Ranches LLC have been paid to the date of Subtenant's execution of this Estoppel Certificate. 6. Driscoll Ranches LLC is not in default under any of the terms, conditions or covenants of the Sublease,and Subtenant does not possess or assert any claims against Driscoll Ranches LLC for failure to perform any of the terms of the Sublease. 7. No notice has been received or given by Subtenant of any default under the Sublease by Driscoll Ranches LLC or Subtenant that has not been cured,and there are no circumstances that,with the passage of time or giving of notice,or both,would constitute a default by Driscoll Ranches LLC or Subtenant. 8. The address for notices to Subtenant is as follows: EXHIBIT 11 9. Subtenant has no charge, lien,or claim of offset under the Sublease or against rent or other charges due under the Sublease, and Subtenant has no outstanding claim for credit or reimbursement on account of Subtenant's improvements to the Premises. 10. Subtenant has no right or option to purchase the Premises or any part or all of the building of which they are a part, or to renew or extend the Sublease,or to expand the Premises. 11. Subtenant has not received notice of any assignment,hypothecation,mortgage or pledge of Driscoll Ranches LLCs interest in the Sublease or the rents or other amounts payable under the Sublease. 12. The amount of any security or other deposit returnable to Subtenant pursuant to the Sublease is set forth in the Sublease and the amount of any rental and other amounts paid more than thirty (30)days prior to the date on which they are due under the Sublease are also set forth in the Sublease. 13. Waiver of Relocation Benefits. Subtenant understands and agrees that Subtenant may be entitled to receive certain relocation benefits as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970(Public Law 100-17, Title IV) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (42 U.S.C. § 4601 et seq). Subtenant hereby waives any and all existing and/or future claims or rights Subtenant may have against District for any relocation assistance, benefits, procedures,or policies as provided in said laws or regulations adopted thereunder and to any other compensation. 14. Subtenant makes the foregoing statements,declarations, representations and warranties to District with the understanding that District may take certain actions based on the District's material reliance on this Estoppel Certificate. Subtenant understands that if any of the statements made by Subtenant in this Estoppel Certificate are materially false or misleading,or omit to state a material fact, as a result of any circumstances known to Subtenant,that Subtenant may be prevented from taking a position that is inconsistent with the statements set forth above in this Estoppel Certificate. SUBTENANT Name: Mnt Signature: Date: 2 THIS AGREEMENT is made and entered into this_day of between "Owner/Agent", whose address and phone (Name o ~~~^Age'r � number are (Address and Telephone c«OwmooAmrn0 and "Resident." THE PARTIES AGREE A8 FOLLOWS: 1' RENTAL UNIT: Subject to the terms and conditions of this Agreement, Owner rents to Resident and Resident rents from Owner, for residential use only, the premises located at: Unit#(if app|imab|e).________ (Street Address) _ ` (City) (zip) pnamonth-to-monthterm. � 2. RENT: Rant is due in advance on the day of each and every nnmnth, et* per mon1h, beginning on payable at Payments made in person may be (Date) (Address where payments should be delivered) delivered to Owner/Agent between the hours of and on the following days of the week: • K0ondoy C3 Tuesday C3 Wednesday [VThunaday [3 Friday C1Saturday 173Sundmy � ZJOther � � Acceptable methods ofpoyment � [JPensono|Check [/Cashier's Check 0 Money Order 0 EFT/Credit(see Owner/Agent for details)and [1Cash � � If rent is paid after the of the month, there will be a late charge of$ assessed. The parties agree that this � late fee is presumed to be the amount of damage sustained by late payment of rent. |t would ba impracticable nrextremely � difficult ho fix the actual damage. This sum represents a reasonable endeavor by the Owner/Agent to estimate fair average compensation for any loss that may be sustained oao result of late payment mf rent. Pursuant bo California law, if Resident passes a check on insufficient funds, Resident will be liable to Owner/Agent for the amount of the check and a service charge of$—. not to exceed$25 for the first check passed on insufficient funds, and $35 for each subsequent check passed on insufficient funds. 3. SECURITY DEPOSIT: Resident shall deposit with Ownen/Agent. mea security deposit, the sum of Ophorto taking possession of the unit or [] no later than Resident shall not use the security deposit to pay any month's rent. Owner/Agent may withhold from the security deposit only such amounts as are reasonably necessary to remedy Resident defaults including, but not limited to, the following: (a) defaults in the payment ofrent, (b) to repair damages to the premises caused by Resident, exclusive of ordinary wear and tear, and/or (c) to clean the pnamises, if necassmry, upon termination of the tenancy in order to return the unit to the eoma level of cleanliness it was inat the inception of the tenancy,and/or (d) to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear. No later than 21 calendar days after Owner/Agent has regained possession of the premises, Owner/Agent shall return any remaining portion of such security deposit toResident. | 4. UTILITIES: Resident ehmU pay for all uU|itiey, services and nhargea, if any, made payable byorpredicated upon occupancy of Resident,except: California Apartment Association Approved Form www.oaune1 Fdrm2L0—Revised 1/07'@20D7—All Rights Reserved of Blank Forms is illegal. Rege /of3 ` . 5' CASH PAYMENT: TheOwner/Aget @ demand orrequire cash asthe exclusk nofpayment of rent mdeposit of security if the tenant has previously attempted to pay the Owner/Agent with a chect,.,,awn on insufficient funds or the tenant has instructed the drawee to stop payment on a check, draft, or order for the payment of money. |f the Owner/Agent chooses to demand or require cash payment under these circumstances, the Owner/Agent shall give the Resident a written notice stating that the payment instrument was dishonored and informing the Resident that the Resident shall pay in cash for a period determined by Owner/Agent, not to exceed three months, and attach a copy of the dishonored instrument to the notice. � � 6. TERMINATION: Except as prohibited by|aw, this Agreement may be terminated by Resident after service upon the � ! Owner/Agent ofe written 3O-day notice of termination oftenancy. Except oe prohibited by law, this Agreement may be terminated by the Owner/Agent by service upon the Resident of vvhban GU-day notice of termination of tenancy. However, Civil Code Section19461pnmidea�hot^�unytanontorn�midenthaoneo��dinth�dvmaUinQfmr|meaMhmnmnmyem� �ho� . � Owner/Agent may terminate this Agreement by service upon the Resident ofo written 28-doynotice. Any holding over thereafter shall result in Resident being liable to Owner/Agent for daily rental damages equal to the current fair rental value of the unit, divided by3O. 7' OCCUPANTS: Premises shall be occupied only by the following named penaon(n): � � xaxne umnuete Name axmdam, � Name om»u"te Name axmuate � Q' PROHIBITIONS: Without Owner/Agent's prior written permission as an addendum to this Agreement, no pets, no waterbeds or shall be kept or allowed inov about the premises. 9. QUIET ENJOYMENT: Resident shall not violate any criminal or civil law, ordinance or statute in the use and occupancy of the premises, commit waste or nuisance, annoy, molest or interfere with any other Resident or neighbor.Any such action may result in the immediate termination of this Agreement as provided herein and by law. 10. REPAIRS AND ALTERATIONS: Except as provided by \ow, no nspairo, decorating or alterations shall be done by Resident wdhout[>wner/Agent's prior written consent. Resident shall notify Owner/Agent in writing of any repairs or alterations contemplated. Decorations incJude, but are not limited to, painting and wallpapering. Resident shall hold Owner/Agent harmless and indemnify Owner/Agent as to any mechanics lien recordation or proceeding caused by Resident. Resident may not make any alterations to cable or telephone inside wiring (such as may occur when changing telecommunications providers or adding phone lines)without prior written consent of the Owner/Agent. The notice shall include the name, address, and � telephone number of any new telecommunication provider. Resident agrees to pay all costs resulting from the alteration and | agrees bm pay to the Owner/Agent any costs associated with restoring the inside wiring to the condition at the time mfmove-in. except for reasonable wear and tear. � � 11' ACCEPTANCE OF PREMISES, Resident has inspected the pnemiseo, furnishings and equipnnent, and has hound them to be � satisfactory.All plumbing, heating and electrical systems are operative and deemed satisfactory. 12' CARE,CLEANING, MAINTENANCE AND INSURANCE: Resident agrees to leave the premises in the same condition as it � was naoeivod, subject to nonno|vxaor and hear. Except as prohibited by |am. Resident shall keep the premises and furnitune, furnishings and appliances, and fixtuneo, which are rented for Resident's exclusive use, in good order and condition. Upon | mova-out. Resident agrees to return the unit bm the same level of cleanliness d was inat the inception of the tenancy. Resident C3 is 0 is not(check one) responsible for the upkeep of the yard and landscaping. Resident shall pay Owner/Agent for costs to repair, replace or rebuild any portion of the premises damaged by the Resident, Resident's guests or invitees. Resident's prop" is not insured by Owner/Agent. Resident is not co-insured and is expressly excluded from any insurance policy | held by Owner/Agent which is now in effect or becomes effective during the term of this Agreement. | 13' WAIVER OF BREACH: The waiver of either party of any breach shall not be construed to be a continuing waiver of any subsequent breach. The receipt by Owner/Agent of the rent with the knowledge of any violation of a covenant or condition hereto shall not be deemed a waiver of such breach. No waiver by either party of the provisions herein shall be deemed bo | have been made unless expressed in writing and signed by all parties to this Rental Agreement. / 14' J��U��T^�Vu|�SEVERAL LK'�EB;LUTY: The undersigned Remident(s). vvhetheror not in actual possession of the prerniees. are | � jointly and severally liable for all obligations under this Rental Agreement, and shall indemnify Owner/Agent for liability arising � prior to the termination of the Rental Agreement for personal injuries or property damage caused or permitted by Resident(s), their guests and invitees. This does not waive"Owner/Agent's duty of care"to prevent personal injury or property damage � where that duty is imposed bylaw. � � California Apartment Association Approved Form Unauthorized Reproduction � www.caanetorg Fom*2.W-Revised 1/07-@20O7-All Rights Reserved of Blank Forms is Illegal. � Page 2uf3 , . � �� ��T�� C��m� ���k�o[�n ��mh�h��mp�y�(�toe��r��pn e0���� pu�o�mdm�gnmma / ~ . ! business hours. The Owner/Agent will provide written notice to the Resident prior tt, -.e entry of the dwelling unit whenever � required by state law. (Civil Code Section 1B54j Resident's non-compliance with[xwnenV\gente lawful request for entry hae � material breach of this Agreement that may be cause for immediate termination om provided herein and bylaw. � 16. SUBLETTING AND ASSIGNMENT: No portion of the premises shall be sublet nor this Agreement assigned.Any attempted subletting or assignment by Resident shall, at the election of Owner/Agent, be an irremediable breach of this Agreement and � ` cause for immediate termination oo provided herein and bylaw. � � tT- SALE OF PROPERTY: In the event of the sale or refinance of the property: If Owner/Agent presents to Resident a "Resident's Certification of Terms-Estoppel Certification,"or other similar Estoppel Certification form, Resident agrees to � execute and deliver the cedifioeteacknowledging that this Agreement is unmodified and in full force and effect, orin full force � and effect as modified with the consent of Owner/Agent, and stating the modifications,within ten (10)days of written notice. Failure to comply shall be deemed Resident's acknowledgement that the certificate as submitted by Owner/Agent is true and correct and may be relied upon by any lender orpurchaser. 18' SHNOKE DETECTION DEVICE: The premises are equipped with a functioning smoke detection device(s), and Resident shall be responsible for testing the device weekly and immediately reporting any problems, maintenance or need for repairs to Owner/Agent. If battery operated, Resident is responsible for changing the detector's battery as necessary. OwnenV\gantahmU have a right to enter the premises to check and maintain the smoke detection device as provided by law, / 19. NOTICE: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. � Depending on an offenders criminal history, this information will include either the address at which the offender resides or � the community nf residence and ZIP Code in which hmm,she resides. 20. ADDENDA: By initialing as provided, Resident acknowledges receipt of the following applicable addenda, as indicated, copies of which are attached hereto, and are incorporated on part of this Agreement. Resident Policies Addendum Smoke Detector Addendum CC & Ra Move-In/Move-Out Itemization Pet Addendum ---'DruQFne»HousingAddendunn - ---PeetCmnbn|NoUoeAddendum Asbestos Addendum ----Proposition G5Brochure Satellite Addendum ----LeadDimc|osureAddendum -----Other Pool Mold ----Other: 21' ENTIRE AGREEMENT: This Agreement, which includes all attachments referred to above, constitutes the entire Agreement between the parties and cannot be modified except in writing and signed by all parties, except as permitted by applicable law. Neither Owner/Agent, nor any agent or employee of Owner/Agent has made any representations or promises other than those set forth herein. 22. CREDIT REPORTS:A negative credit report reflecting on your credit history may be submitted to a credit reporting agency if � you fail to fulfill the terms of your credit obligations. Resident expressly authorizes Owner/Agent(including a collection � agency)to obtain Resident's consumer credit report, which Owner/Agent may use if attempting to collect past due rent | � payments, |aba faeo, nr other charges from Reaidant, both during the bann of the Agreement and thereafter. 23. ATTORNEYS'FEES: If any legal action or proceeding is brought by either party to enforce any part of this Agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorneys'fees and court costs, unless one of the following two boxes ischecked: � � 0 the prevailing party shall recover, in addition to all other relief, attorneys'fees not to exceed$_, plus court costs. � ! or � � C3 each party shall be responsible for their own attorneys'fees and court costs. , � . i The undersigned Reoident(a) having read and understood the foregoing, and receipt of a duplicate original. � | � Date Resident Date Resident Date Resident Date Resident CaliforniaDate OwnerlAgent Apartment Association Approved Form NJ www.caanet.org of Blank Forms is Forw2.0-Rev�ed�V7-@2(07-AVH�hto/�u*�v*d Page 3of3 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-82 Meeting 07-15 July 25, 2007 AGENDA ITEM 4 AGENDA ITEM Adoption of Revised"Board Policies Regarding Improvemen District Lands" Regarding Rental of District-Owned Structures GENERAL MANAGER'S RECOMMENkATION Adopt the attached Revised Board Policies. DISCUSSION Back y,round: In the process of fulfilling its primary mission of preserving and managing open space lands and resources, the District also becomes the owner of structures and improvements of varying condition, usefulness, and value. Since 1978,the Board has established a policy that governs review of the use, retention, removal, or rental of District structures and improvements. Since the original adoption of the Board's " Policies Regarding Improvements on District Lands" ("Policies"),they have been amended over time to respond to evolving economic, operational and environmental needs of the District. The Board last amended the Polices on October 10, 1984 (See Attachment A). The Policies provide for a process of assessing the appropriate use of such structures through the Open Space Use and Management Planning Process. Structures are initially assessed for hazards and suitability for retention or potential rental when lands are purchased. The Preliminary Use and Management Plan provides an initial assessment of potential for retention or removal, and whether a structure might be a suitable rental. Structures are not rented solely for revenue, but typically when suitable for other operational needs, such as temporary occupancy by a tenant to maintain the structure for potential future District use or to help defray the costs of eventual removal. The overall process and timeline for retention or removal is determined through the Use and Management Planning Process. The Ranger Residence Program The Policies also include the potential for rental of structures as ranger residences when needed for site security and emergency call out purposes. The Board first adopted specific Ranger Residence Policies on November 10, 1982 (See Report R-82-41) to provide for site security and after hours emergency response needs on District lands. These Policies were last revised by the Board on March 23, 1994, and entitled"Employee Residence Policies." (See Report R-94-37). Page 1 R-07-82 Page 2 The Board directed that additional Administrative Guidelines be adopted by the General Manager for this program including occupancy criteria. These Guidelines provide that any regular District employee in a uniformed job classification is eligible to participate in the program. Although these policies were entitled"Employee Residence Policies", the eligible job classifications are limited to uniformed employees and the purpose of the policy is focused on services provided by uniformed field employees. This program is currently operating successfully and is administered by the Operations Department and the Property Management Program. Current Rental Guidelines The Policies direct that all District structure and improvement rentals be administered via Enterprise Administrative Policies adopted by the General Manager. Since 1978, the Real Property Department has administered the District's residential and commercial structure and improvement leases. The General Manager last updated the Enterprise Policies in 1982 (See Attachment Q. Recommended Amendments to the Board's Policies (See Attachment A) The General Manager recommends that the Board amend its current Policies to serve three principal District operational needs: First, the Real Property Department has been administering the District's leases under its Property Management Program approved by the Board in each annual Action Plan. They reflect neither the current economic and operational needs of the District, nor the current, more efficient and cost-effective manner in which the Property Management Program is administered to provide appropriate revenue and maintain structures on a sound cost-benefit basis. The Real Property Department has revised the pre-existing Enterprise Administrative Policies to reflect more modem and appropriate rental procedures for District structures and improvements. Assuming the Board approves the attached revisions to the Policies, the General Manager will approve these new"Administrative Guidelines for the Property Management Program." (See Attachment B) Second,the General Manager is recommending that the Policies include other District job classifications as eligible to rent District structures when this best suits the District's operational needs. This will enable a regular District employee with the skills and qualifications to best serve the District's needs for a specific property to rent the structure. This will also support the District's land stewardship and resource management emphasis both now and in the future. This will provide a broader opportunity to maximize the usefulness of District structures to accomplish its mission. Third, the Board recently received recommendations on structure rental from LA Consulting when it presented its Land Management and Cost Evaluation and Efficiency Study to the Board R-07-82 Page 3 on May 23, 2007. (See Report R 07 60). Two recommendations concerned rental housing. . ' lines for staff resi dences, such as duration of stay, Recommendation 15 proposed enhancing guide Y, f rent eligibility to rent and more closely looking at cost-benefit from employee services cost o , g ty , y g when renting. Recommendation 16 suggested reviewing the cost-benefit of leasing residences. LA Consulting advised considering using a commercial property management company if the � P p Y g P g g g District rental program continues. The General Manager and other Managers have reviewed these recommendations. The attached Administrative Guidelines emphasize that rentals should be evaluated for cost-benefit both initially and periodically thereafter to insure rental continues to be cost-effective and that the District is receiving benefits from the rental commensurate with the lease rental rate, whether the structure is rented by a third party or by an employee. The current"Ranger Residence Program" for uniformed staff is not being revised. However, with these amendments, there will be expanded opportunities for all regular staff, both uniformed and non-uniformed,to rent District housing. A uniformed employee would be eligible to request rental under either the Ranger Residence Program or the Property Management Program. The Real Property Manager will consult with other Managers and the General Manager in order to develop a recommendation about whether a structure is suitable for rental and, if so, whether most suitable for rental to third parties, or to District employees. With the Board's approval of a new Real Property Specialist position in its fiscal year 2006-2007 budget, the Real Property Department was able to recruit an incumbent with experience in residential property management. Therefore, it is not recommended that the Board consider using an outside management firm, as this would not be cost-effective, given the current expertise of staff. This could be considered in the future if this expertise could not be provided in-house. Summary of the Recommended Amendments to the Board's Policies The recommended amendments to the "Policies Regarding Improvements on District Lands"are set out in strikeout in Attachment A. They are brief. The amendments are as follows: 1. Section B: Updating the title of the Use and Management Planning Process. Including the Public Notification Policy by which the Board involves the public and adjacent landowners in decision-making about District lands, including structure removal or retention. 2. Section C.l: Including regular employees within the class of employees eligible to rent District residences in order to best accomplish the District's resource management and stewardship goals. 3. Section CA: Updating the title of the former`Enterprise Administrative Policies" approved by the General Manager to the current"Administrative Guidelines for the Property Management Program." R-07-82 Page 4 4. Section CA: Deleting obsolete rental procedures and criteria such as newspaper advertising and a lottery. A lottery is not used and is not recommended as a sound practice. Instead, the new Guidelines provide for a commercially and legally sound tenant selection and advertisement process (See Section II.B. and C. of the Guidelines). The Real Property Department will use the best practices for rental advertisement such as rental websites, the District's website, rather than newspapers. Newspapers can be used where appropriate. 5. Section CA: Clarification of the General Manager's current rental authority limit to reflect the $25,000 contractual authority of the Manager. The Board approves leases and licenses with terms over one year or with annual income exceeding $25,000. Since most rentals are month-to-month to maximize the District's ability to respond to its operational needs most quickly,the General Manager's authority should extend to month-to-month leases and licenses. Rents for such leases do not exceed the Manager's authority and do not exceed a one-year term. It would be difficult to operate the Property Management Program if all month-to-month leases required Board approval. This was never the intent of the original Board policies and needs clarification. 6. Section C.5: On rare occasions, it has been necessary to take legal action to recover possession of a rented structure from a tenant who has materially breached a lease or abandoned the premises. This section provides that the Board authorizes such Unlawful Detainer actions. In an emergency situation, such as a tenant creating an imminent threat to health or safety, initial filing of such an action can be authorized by the General Manager with approval of General Counsel and then must be promptly brought to the Board for its approval to continue the action. 7. Section C.6: Text has been added clarifying that, when administering agricultural and other leases on the Coast, which will typically be Board-approved, such leases be consistent with the District's Service Plan for the Coastside Protection Area. Prepared by: Mike Williams, Real Property Manager Sue Schectman, General Counsel Contact Person: Mike Williams, Real Property Manager Attachments A. Proposed Amended Policies Regarding Improvements on District Lands B. Administrative Guidelines for the Property Management Program C. 1982 Enterprise Administrative Policies Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Policies Regarding Improvements on District Lands ATTACHMENT A Adopted By Board of Directors January 11, 1978 Amended February 22, 1978 Amended March 23, 1983 Amended October 10, 1984 Introduction: In the process of fulfilling its primary function of acquiring open space, the District also becomes the owner of structures and other improvements of varying condition, usefulness and value. Some of these improvements are appropriate to the open space around them, and others are not. Frequently structures have some degree of historical value. As use of District lands increases, there will be additional pressure on the District to construct new facilities such as recreational buildings and parking lots. Since there are many costs involved with the maintenance, patrol and liability of structures, it is important that the District establish a policy for the use, construction and/or removal of structures on District lands. Information on specific structures and their use,potential uses and final disposition will be found in the specific site plans. The following policy statements are intended as a guide for the staff in the preparation of such specific site plans to be approved by the Board. A. Definitions. For the purpose of these policies, improvements will include all constructions such as buildings, recreation and sanitary facilities, utility structures, dams, fences and gates, roads, trails and parking lots. B. Policy Statement. All structures and other improvements existing on District lands at the time of acquisition are potential resources and as such will be considered for retention and will be addressed in the site plan. In other than emergency situations,public notice will be given to the degree specified in the I -©pen Space Use and Management Planning Process and the Public Notification Policy dot before the decision is made to remove a major structure. The District will retain and maintain or build a structure or other improvement only if it is complementary to the objectives of the District outlined in the Basic Policy. Important considerations in the decision to retain an improvement will be its compatibility with the open space character of the site, its potential financial burden to the District in terms of liabilityand management, and its proposed use. Existing structures which have identified g P P i specified period as stated in the use and manernenta potential uses may be retained for a speci p 8 plan for the site. Other improvements will be removed from the site as soon as it is economically feasible within the constraints of the land management budget. The time scale for the removal will be determined on the basis of both the cost of removal and the degree of negative impact on the site. The site plan will consider the cost and practicality of salvaging materials being removed. Page 1 Page 2 C. Discussion. (1) Improvements Used for Site Protection-ate Management d Stewardship (e.g., Rangi,,.. St do , Field Office, Ranger, Employee, and Caretaker Residences, Equipment and Water Storage Facilities, Fences and Gate) If it is deemed necessary or desirable to have a field officettix or ranger (caretaker)residence in order to properly care for the site, or other employee residence in order to accomplish the District's resource management and stewardship goals, the decision to use an existing structure or to build a new structure should be made on the basis of cost effectiveness and site compatibility. When a structure is used as an employ ranger or caretaker residence, rental will be at fair market value minus the value of services rendered to the District. Allowances may be made for the fact that available facilities may exceed the actual need of the occupant. Some improvements such as fences, gates, equipment and water storage facilities may be required for the proper maintenance and protection of a site. Such improvements will be constructed and/or maintained as required. (2) Improvements for Public Utilization of the Site: (e.g., Education and Recreation Facilities, Youth Hostels, Restrooms, Drinking Water, Trails, Roads, Bridges and parking Lots) Because the District's principal role is that of providing low intensity recreational uses of its lands, improvements such as trails and parking lots will be considered as part of each site plan. Improvements which have potential for more intensive recreational or environmental and historic educational use will also be considered for retention or construction; however, the willingness of other agencies to bear any major costs of construction and/or management will be an important consideration. Facilities required for the health and safety of the public will be constructed and maintained only as required. In emergency cases, the staff will have discretion for immediate mitigation of hazards. (3) Improvements which Contribute to the Character of the Site: (e.g., Buildings with Unique Historical or Architectural merit, Barns, Sheds and Fences) In order for the Board to determine the historical, cultural or architectural significance of a structure,the District will notify and consult such agencies as specified in the land Use and Management Planning Process Document. As an aid to this determination,the District will conduct and maintain a survey of significant structures within the planning area. When the District considers acquisition of a site which includes a structure or structures which are listed on the National Register for Historic Places or are clearly eligible for inclusion on that register, the Page 3 District has a special responsibility to seek some means to protect these structures. An important consideration in the decision to retain such structures will be the availability of special funding programs or resources from other public agencies, private organizations or individuals for the costs of their restoration, maintenance and operation. In extraordinary situations involving structures of exceptional historical or architectural merit, when other resources are not available, the District will either exclude the structures from its acquisition or accept the responsibility to protect and preserve them for an indefinite period while seeking other means for continued preservation and/or restoration as identified in the historical resources inventory. Some structures associated with agriculture or other former uses of the site can contribute significantly to the site without detracting from its open space character. When economically feasible within the constraints of the land management budget, examples of these structures will be retained, maintained, and whenever possible put to use. (4) Improvements as Income Sources: Structures will not be maintained or constructed solely for the purpose of producing revenue. Rentals may be employed to maintain a structure which is being retained for another potential use or on a temporary basis in order to help defray the cost of removal of an undesirable structure. The overall time for interim rental will be determined through the use and management planning process. When a structure is temporarily retained for the purpose of revenue production, it should be rented for the fair market value consistent with possible special restrictions due to its location on open space lands, and its availability will be advertised in accordance with Entefprise Administfati-ve—Propert Mana ement Guidelines approved by the General Manager. thfough newspaper advet4isenwnW. In some cases land will be purchased under the condition that the site or a portion thereof will be leased on a long term basis, sold, or sold with retention of necessary trail or other land rights. Timelines for making final decisions on rights to be retained will be established at the outset and during the regular planning process. Generally the decision to lease an improvement will be made to optimize special factors related to properly managing District lands. if other-faetefs are equal, _e used to detennine the tenant, if more than one potential lessee is intefested in the same The Board of Directors will review and approve leases or licenses which are long term (over one year) and/or involve an anticipated annual income in excess of $25,000, excluding month-to-month leases or licenses. The General Manager or his/her designee may enter into lease or license agreements on behalf of the District without specific Board approval if they are: (a) In amounts not exceeding $25,000 anticipated annual income to the District (including in-kind services), and Page 4 (b) No more than one year in duration, or month-to month, and (c) Pursuant to a Board adopted intefifn of long tefm use and management plan, and (d) Do not create commitments which go beyond the scope of the Board adopted interim or long term use and management plan (e.g., extensive tenant improvements which could imply a longer term commitment by the District). Staff will have the discretion to enter into leases specifying either cash or in-kind services or a combination of the two as payment. If in-kind services are being accepted, they will in no circumstance exceed one year's full cash value of the lease or$10,000, whichever is less, without Board approval, to preclude the expectation of a continuing relationship. (5) If an Unlawful Detainer action is required for the District to m,, yin possession of rental oreniises, initial action and any required�irej�jtiatiq�nrqc�edures procedures be initiated by the Real Property Department in j LUnlawful Detainer lawsuit. In the event of an imminent threat to health. safety or welfare. the General Managger, with approval of the Districfs General Counsel, ma�pproyc the initial filing of an Unlawful Detainer action and report the film to the Board at the earliest possible time to obtain the Board's avoroval and direction as to the action. �(OjMpLovements for Agriculture and Other Special Uses: Agricultural use which is consistent with the open space use of a site is encouraged by the District. Improvements for agriculture or other special uses will be retained or constructed as approved by the Board and stated in the site plan. In the Coastside Protection Area, leases, use and improvements shall be consistent with the District's Service Plan Policies. Draft ATTACHMENT B ADMINISTRATIVE GUIDELINES FOR THE PROPERTY MANAGEMENT PROGRAM July 25,2007 I. GENERAL POLICY A. Structures and Improvements. It is the District's general policy to rent District improvements and structures not solely for revenue purposes, but also when rental furthers the District's r mission of open space protection and proper stewardship of its natural, historic, cultural, architectural and agricultural resources. in addition, structures and improvements should only be rented when it is determined to be cost-effective, provides a demonstrable benefit to the District, and will be leased at fair market value. Residential and non-residential leases, licenses and other District Real Property use agreements are administered by the Real Property Department Property Management Program for the benefit of the District. These also include: grazing and other agricultural leases, telecommunication leases, historic structure leases, and ground leases and licenses compatible with the District's Mission Statement and all applicable Board Policies. Such leases, licenses, and agreements shall be approved and administered as set out in all applicable related District policies and regulations. In the Coastside Protection Area, leases will be administered in conformity with the Coastside Service Plan. B. Residential Leases. The Real Property Manager, in consultation with other Managers and with the approval of the General Manager, may determine that it is appropriate and consistent with the District's mission to designate certain District-owned structures as rental housing. Such housing will be designated and managed with four goals in mind: To provide for the physical care, protection and maintenance of open space lands and structures through the presence of a responsible tenant and a site-compatible structure rental. 2. To minimize negative impact on open space lands, resource management, scenic view shed and general open space values. 3. To facilitate the management or stewardship of open space lands and natural resources. 4. To accomplish other goals or policies of the District or to serve site-specific District operational needs. The Real Property Manager may recommend that a designated structure is most suitable for rental to private third parties, or may recommend that the structure is more suitable as a District employee residence as set out in this Program, or as a residence for uniformed job classifications as set out in the District's 1994 Employee Housing Program. This Page I Page 2 determination shall be made in consultation with other Department Managers and with the final approval of the General Manager. C. Periodic Review of Cost-Effectiveness and Desirability of Continued Rental. From time to time,the feasibility of use for income and desirability of rental of District -owned structures and improvements to third parties or employees will be reviewed by the Real Property Manager in consultation with other managers to insure proper cost in relation to benefit to the District and continued rental desirability. In the event cost exceeds the benefits received by the District, or rental is no longer desirable to serve District operational needs, the Real Property Manager, with the approval of the General Manager, may modify or terminate rental of a structure and/or improvements. The Real Property Manager may also implement plans for removal of the structure and/or improvements in conformity with the District's Mission Statement and all applicable Board Policies. D. Designee. The Real Property Manager may delegate any task authorized in this Policy to be done by him or her to his or her designee in the Real Property Department. RENTAL STRUCTURES FOR LEASE TO THIRD PARTIES A. Rent. 1. Monthly rent shall be fair market value, as determined by the Real Property Manager and approved by the General Manager. The District and tenant may agree that as part of the consideration for the rental, the tenant shall undertake authorized improvements,repair or maintenance of the structure. The value of this consideration shall be discounted from the monetary fair market value rental value. Minor and routine household repair and maintenance customarily performed by tenants shall not be considered in calculating any rent discount. 2. The fair market value rental value of each residence shall be reviewed and adjusted annually as appropriate in consideration of the local rental market. The District may also increase rent as appropriate due to District improvements made to a residence. B. Tenant Selection. The District will solicit applicants through the most cost effective, fair and appropriate means possible as determined by the Real Property Manager. A key criterion for tenant selection among equally qualified applicants shall be demonstrated interest in and support of the goals, ordinances, policies, and mission of the District. 1. Information about availability, amenities, improvements included in the rental premises, and property details will be publicly advertised by adequate and appropriate methods as determined by the Real Property Department as set out in Section 11. C herein. 2. Prospective tenant inquiries will be handled by the Real Property Department. 3. Applications will be made available at the District's Administrative Office, online through the District's website, and via U.S. Mail. 4. Completed applications may be returned by mail, electronically, or in person to the District's Administrative Office. The Real Property Manager will review applicants and Page 3 preliminarily select qualified applicants prior to scheduling any public showings for that structure. 5. Final applicants will be selected following property showing and potential tenant or tenants' indication of intent to rent. 6. Final applicant's or applicants' references will be checked and verified. 7. The best qualified applicant will be selected by the Real Property Manager based on standard tenant qualification criteria, in compliance with all applicable laws, such as history and stability of employment, credit worthiness of applicant, quality of references, as well as the suitability of the applicant for the specific property (e.g., historic structure). All applicants for the rental will be promptly notified upon final tenant selection. An applicant's selection is contingent upon his or her acceptance and execution of a District- approved rental agreement. 8. Month-to month leases and licenses, and leases and licenses of less than one year with annual income not exceeding$25,000 including in-kind services, may be approved and executed by the General Manager. Leases and licenses with a term of more than one year and leases and licenses with annual income exceeding $25,000 including in-kind services (repair or maintenance of the structure in lieu of a portion of monetary payment) will be approved by the Board of Directors and executed by the General Manager. 9. Tenant will sign all agreements and provide the required security deposit, and any other required documentation, at time of lease signing. 10. The full first month's rent will be due on date of possession. 11. If tenant takes possession mid-month, tenant will pay that month's partial prorated amount upon taking occupancy, thereafter paying the full amount on the first of each month. 12. All tenant responsibilities will be listed and referenced in the signed rental agreement. 13. Any authorized work or repairs in lieu of a portion of rent, if any, including all work schedules, must be agreed upon in writing and approved in advance by the Real Property Manager. 14. No member, or relative or dependent of a member, of the District's Board of Directors may rent District housing. 15. The tenant shall, at his or her expense, perform routine and minor household maintenance and repairs. All other repairs, maintenance, or alterations to the residence require advance written approval of the Real Property Manager. 16. The tenant shall maintain the existing landscaping, and keep the premises free of low- lying brush, weeds, and similar flammable material. The tenant shall be responsible for Page 4 maintaining all other components of any firebreaks as a part of maintaining the existing landscaping. 17. The tenant shall pay any possessory interest tax when due. The District shall report the actual rent paid for purposes of computing possessory interest tax. C. Posting of Availability. 1. Advertisement of available rentals will be placed on appropriate commercial rental websites with photographs and map links referencing the District's Web Site Home Page for more information. 2. The District website's Home Page will contain a link for Housing Available, where any upcoming and currently offered rental housing shall be listed, summarizing: a. General location. b. Date available for occupancy. c. Proposed lease term and rent. d. Bedroom, bathroom, and other rooms count. e. Approximate square footage of living space. f. Summary of other living space features. g. List of accessory structures or improvements included in the leased premises. h. Property-specific lease conditions (e.g.,possessory interest tax, condition of road access and any necessity for a four-wheel drive vehicle, septic system, nonroutine upkeep and maintenance responsibilities, and overall condition of property). i. Instructions for obtaining and returning the application with a link to a downloadable application form. j. Information directing related inquiries to the Property Management Program with appropriate phone and email contacts. 111. RENTAL STRUCTURES DESIGNATED FOR LEASE TO EMPLOYEES A. Employee Tenant Selection 1. Job Classifications. Any regular District employee, except a Department Manager or Board-appointed employee, is eligible to apply to rent a structure designated as an employee residence under this Policy. The District will give priority to employees with the specific skills and experience determined to best serve the District's needs for the specific leased premises and who will provide the best operational advantage for the Page 5 District. Tenancy by a Department Manager may be approved by the Board of Directors where needed for specific operational or business needs of the District. An employee who currently resides in District housing under this Policy and is promoted to Department Manager may continue his or her tenancy for no longer than one year,unless further tenancy is approved by the General Manager for specific operational needs. 2. Selection Process. a. District will notify employees by posting a notice of a vacancy of a designated employee residence under this Policy at least fifteen (15) calendar days in advance of the closing date for statements of interest. The notice shall include a description of- the residence, the initial monthly rent, the maximum number of occupants permitted, expected occupancy date, due date for submitting interest statements to the Real Property Department, and any other information or requirements deemed applicable. The notice will contain the particular employee skills, experience or services best suited to the specific leased premises. The notice will be posted in all District work stations. b. On or before the closing date, interested employees must submit to the Real Property Deparment an interest statement that shall provide information on his or her qualifications, skills, and knowledge that would make the employee a suitable candidate for that specific residence, date available to take occupancy, and any specific housing needs. Selection may also include an employee interview if of assistance. c. Within 15 calendar days of the closing date, selection of the employee will be recommended by the Real Property Manager, in consultation with the other Department Managers, subject to approval of the General Manager, and based on the following criteria: 1) Operational advantage to the District in having the specific employee selected as the tenant in the specific residence. 2) Willingness and ability of the employee to supply the skills, experience, and services required at the residence. 3) Current overall performance rating that meets standard and no outstanding disciplinary actions. 4) Preference may be given to employees who have not previously been employee tenants. d. Employees will be notified of the selection at least 30 days in advance of the expected occupancy date, and should expect to take occupancy within 30 days of selection. An employee's selection is contingent upon his or her acceptance and execution of a District-approved rental agreement. Page 6 B. Employee Tenant Responsibilities 1. Responsibilities a. Primary Residence. The employee must use the premises as his or her primary residence on a continuous basis. b. Job Performance. Employees will be expected to maintain an overall annual performance evaluation rating of"meets standard." c. Helpful and Courteous. Employees and all other occupants shall be helpful, courteous, and accessible to all District visitors, neighbors, employees,tenants, District contractors and consultants, officials, agents, and lessees for minor functions such as answering questions, providing directions, closing gates, and turning off District facility lights. d. Maintain Residence. The employee shall, at his or her expense, perform routine and minor household maintenance and repairs. Examples include: replacing batteries in smoke alarms and replacing bulbs in built-in light fixtures, clearing clogged plumbing fixture drains, and replacing toilet flapper valves and heater and water filters when needed. All other repairs, maintenance, or alterations to the residence are not normal tenant responsibilities and require prior approval of the Real Property Department Manager. e. Landscaping and Fire Breaks. The employee shall maintain existing landscaping and keep the premises free of low-lying brush, weeds, and similar flammable material. The employee shall be responsible for maintaining all other components of any required firebreaks as a part of maintaining the existing landscaping. f. Working Telephone. The employee shall have a working telephone and provide the District with the number. The District shall reimburse the employee for all long distance calls required for District business. g. Site Presence and Visibility. The employee shall provide a visible on-site presence. The District will install signs identifying residences as employee residences. h. Security Deposit. At the time the employee signs the rental agreement, the employee shall pay the required security deposit and any other required documentation. i. Possessory Interest. The employee shall pay any possessory interest tax when due. The District shall report the actual rent paid for purposes of computing possessory interest tax. j Rental Agreement. The employee will execute a residential rental agreement that will contain the specific terms and conditions of residence for the specific premises in a form approved by District legal counsel. Tenancy shall be on a month-to-month basis only. Page 7 2. Compensation for Responsibilities. a. For nonexempt employees, overtime compensation for work or services requested to be performed as part of the employee's job duties shall be administered in accordance with applicable personnel policies, labor agreements, and the Fair Labor Standards Act. b. FSLA-exempt employees are not eligible for such additional compensation. C. Monthly Rent. 1. Monthly rent shall be fair market value, as determined by the Real Property Manager and approved by the General Manager as set out in this section. The Real Property Manager, in consultation with other Managers, will determine whether the services to be provided by an employee in a specific residence warrant a rent discount and shall determine the appropriate discount based on an estimate of the reasonable number of hours necessary to provide the services and the value of such services. This discount will also include recognition of: a. The limited privacy experienced by an employee residing on public property. b. The employee's increased availability, incidental to on-site residency,to respond to District operational needs. c. The improved resource management protection resulting from the use of a residence as an employee residence instead of a commercial rental. d. The improved neighborhood relations resulting from the employee's residency. e. The acceptance of all other conditions of the rental agreement. 2. The fair market value rental value of each residence shall be reviewed and adjusted annually, if appropriate, in consideration of the local rental market and an assessment of the cost and benefit of the services to the District. The District also reserves the right to make rental increases as appropriate due to District improvements made to a residence. 3. The Real Property Manager may determine that the employee rental premises will not include the entire structure. In that case, the rental value will be calculated accordingly. The District will have reasonable access to unused rooms for District purposes provided this use does not disturb the employee's reasonable quiet enjoyment of the premises. D. Relocation The District reserves the right to relocate any employee to another work station or change the status of any residence to meet the operational needs of the District. However, every effort will be made, when such relocations are solely in the interest of the District,to provide the employee Page 8 with a 90-day notice prior to relocation. E. Temporary Occupancy Occupancy in an employee residence should be considered of a temporary nature. The maximum period of occupancy of any specific residence shall be five years, unless a longer period is approved by the General Manager due to specific operational needs of the District. F. Termination Of District Tenancy 1. The term of any tenancy will end 30 days following the termination date of the employee's District employment for any reason, including but not limited to discharge, retirement, or resignation. Upon documentation that, despite the employee's good faith efforts,the employee has been unable to find replacement housing within that period,the General Manager may extend this period for up to 90 days. When employment is terminated, full fair market rent will be charged as of the date of termination without the necessity of 30-days' notice of any rent increase. 2. The District may terminate the lease upon 90 days' written notice to the employee upon a decision by the General Manager or Board of Directors that the residence is no longer cost-effective or feasible to maintain, that the employee services are no longer needed for District operations, the employee is no longer able to provide such services, or when the structure is needed for another District use. 3. In the event of injury, disability, or illness due to which the employee is no longer able to perform his or her regular duties or responsibilities as an employee tenant, the employee may occupy the residence for up to 6 months. Full market rent will be charged 90 days after the employee is unavailable to perform his or her regular District duties, or his or her responsibilities as an employee tenant. The District will comply with all applicable laws and District Policies with respect to those employee residents who become disabled, ill, or injured. G. 1994 Ranger Residence Policy: The Board has established a separate Employee Residence Policy for uniformed job classifications that is administered by the Operations and Real Property Departments in accordance with separate Administrative Guidelines. Employees eligible to apply for tenancy under the 1994 Employee Residence Policy are also eligible to apply for tenancy under this Program according to its terms and conditions. The tenancy of employees who are tenants under the Employee Residence Policy will be governed by that Policy and its Administrative Guidelines. IV. LANDLORD AND TENANT RIGHTS AND RESPONSIBILITIES FOR THIRD PARTY AND EMPLOYEE TENANTS The following guidelines are based on the California Civil Code and the California Code of Civil Procedure. These guidelines are designed to represent a current basic legal guide for the District and its tenants. In the event of a conflict with future amendments to such codes, such amendments to state codes will prevail. In the event of a conflict with the provisions of Section Ill regarding District employee tenants,the provisions of Section Ill will control. Page 9 A. Landlord Disclosure. The District is legally obligated to make certain disclosures to prospective tenants. These disclosures will be provided to each tenant prior to occupancy. B. Securily Deposits. Any payment, fee, deposit, or charge, including last month's rent(but not first month's rent), paid by the tenant when the tenant signs the rental agreement, is legally a security deposit. C. Inspecting the Property. Before a tenant moves into a unit, an authorized District representative, along with the prospective tenant, will inspect the property for damage and obvious wear and tear. The parties will complete and sign a property inspection form reflecting the baseline condition of the premises prior to occupancy. Prior to termination of the tenancy, the tenant and District representative shall conduct a final inspection to determine the condition of the premises and any damage and repairs required to be made by the tenant or to be charged to the security deposit to cover the cost of District repairs. D. Discrimination. The District shall treat all prospective tenants fairly and objectively. The District shall not refuse to rent to a tenant, terminate a tenancy, or engage in any other kind of discrimination on the basis of race, religion, creed, political affiliation, color, national origin, ancestry, sex, sexual orientation, age, familial status, pregnancy, or disability. The District shall administer this Property Management Program in compliance with the state Fair Employment and Housing Acts,the federal Fair Housing Act, and the Unruh Civil Rights Act. E. Occupancy Limits. The maximum space-to-people ratio shall be shall not exceed legal limits, or create unsafe conditions. F. Animals. The District may refuse to rent to tenants with pets, or restrict the type of pets it accepts. If a pet is approved, an increased security deposit may be required. However, the District will not refuse to rent on this basis if the animal is a properly trained dog needed to accommodate a physically disabled person. G. Sub-Tenants and Sublets. A sub-tenant is a person who rents all or part of the property from the tenant and does not sign the rental agreement or lease with the District. Sublets or sub- tenants will not be allowed without the District's prior written consent. H. State and Local Housing Standards. The District shall provide housing that meets applicable legal standards, including the standards of habitability set out in the state Civil Code and Health and Safety Code. I. Tenant Responsibilities. Under state law, tenants are obligated to use rented premises properly and keep them clean. Specifically, tenants are required to: 1. Keep the premises as clean and sanitary as the condition of the premises permits. 2. Dispose from the premises all rubbish, garbage and other waste in a clean and sanitary manner. Page 10 3. Properly operate gas, electrical, and plumbing fixtures and keep them as clean and sanitary as their condition permits. Examples of abuse include overloading an electrical outlet, flushing large objects down the toilet, and allowing bathroom fixtures to become filthy. 4. Refrain from damaging or defacing the premises or allowing anyone else to do so. 5. Use living and dining rooms, bedrooms and kitchens for their proper respective purposes. For example, the living and dining rooms should not be regularly used as makeshift bedrooms. 6. Reimburse the District or repair all damage caused by family, friends, and invited guests. 7. Employee tenants also have the responsibilities set out in Section III herein. J. The District's Right of Entry. The District may enter rented premises under the circumstances and upon any required notice set out in the Civil Code. K. Raising the Rent. The District will notify tenants in writing at least 30 days in advance of any rent increase except as set out otherwise in this Policy regarding employee tenants. L. Termination of Tenancy. The District may give a tenant a 30-day termination notice, or any other legally required termination notice, for any reason except for the following: I. Discrimination. The District shall not evict because of race, religion, creed, political affiliation, color, national origin, ancestry, sex, sexual orientation, age, familial status, disability, or other prohibited discrimination. 2. Retaliatory Eviction. The District shall not retaliate against a tenant for exercising any right under the law, such as the tenant's right to complain about housing conditions. 3. If a tenant violates a lease or rental agreement clause, such as failure to timely pay rent, the District may serve a 3-Day Notice To Perform Covenant or Quit, or any other legally required notice, demanding that the tenant leave or correct the violation. 4. The District may serve an unconditional Three-Day Notice To Quit where legally appropriate, or any other legally required notice, including but not limited to the following situations: a. Non-correctable violation. For instance, if there is no way the violation can be corrected in three days, such as when a tenant has impermissibly sublet. b. Nuisance. The tenant is causing a nuisance on the premises, such as repeatedly annoying neighbors. c. Damage. The tenant has caused or permitted the destruction of property, such as holes punched in the wall or broken windows. Page 11 d. Illegal Use. The tenant is using the property for an illegal or unpermitted use, such as dealing drugs or operating a non-permitted business, violating local zoning or planning laws. e. Termination. Termination of District employee tenancy as set out in Section IIIF. M. When a Tenant Leaves. If a tenant gives less than 30 days' notice, the District will still be entitled to payment of rent for the entire 30 days from the time of the notice. N. Right to Refund of Deposit. The District shall, within three weeks after the tenant vacates the property, mail the tenant a refund of his or her deposit or, if the deposit is not completely refunded, a written itemization as to how it was applied to back rent, cost of cleaning, or repairs (except for "ordinary wear and tear"). O. Fixtures. If a tenant attaches something more or less permanently to the wall, such as bookshelves bolted or nailed in, it is called a"fixture." In the absence of a rental agreement provision otherwise, the fixture installed by the tenant becomes part of the premises. A tenant who attaches fixtures using bolts, nails, or other fasteners that can't be removed without leaving unsightly marks or serious damage, such as large holes, is required to leave the fixtures in place when leaving. Fixtures are the District's property and do not have to be returned to the tenant. The District shall be entitled to use any portion of the security deposit to remove and repair any damage caused by any fixture not authorized prior to installation. V. PRE-EXISTING RENTAL STRUCTURE If a rental structure and/or improvement is occupied or otherwise leased at the time the District purchases it, the Real Property Manager will review the terms of the existing lease to determine whether or not the tenancy complies with District policy and requirements. The General Manager may approve continued use of District residential structures, improvements, and/or appurtenances under any pre-existing lease agreements. Pre-existing leases may only be terminated as permitted by law. V1. ACCOUNTING A. The Real Property Department will coordinate all accounts receivable and payable with the District's Accounting staff. B. Any changes in revenue will be reported by memorandum to the Accounting staff. C. The Accounting staff will independently record each property account. D. The Accounting staff will notify the Real Property Department when an account is in arrears more than 10 days. In case of delinquent accounts: 1. The Real Property Department will contact the tenant by telephone and inform them of issuance, by the Real Property Department, of a Three Day Notice To Pay Rent or Quit, and any other legally required notice. Page 12 2. If a subsequent Unlawful Detainer actions required for the District to regain possession of the premises, initial action and any required pre-litigation procedures will be initiated by the Real Property Department in conjunction with and under the guidance of District Legal Counsel. The Board of Directors will approve the filing of a required Unlawful Detainer lawsuit. In the event of an imminent threat to health, safety or welfare, the General Manager, with approval of the District's General Counsel, may approve the initial filing of an Unlawful Detainer action and report the filing to the Board at the earliest possible time to obtain the Board's approval and direction as to the action. E. Budget Accounting for Rental Costs: I. Third Party Tenant Costs. Utility and repair and maintenance costs that are not the responsibility of the tenant shall be charged to the budget of the Real Property Department. 2. Employee Tenant Costs. All expenses associated with normal maintenance and repairs shall be budgeted equally between the Real Property Department and the employee's Department. Budget categorization for non-routine alterations shall be agreed upon between the Real Property Department and the employee's Department. V11. REQUIRED FORMS A. Rental Agreement. These agreements shall be in a form subject to approval of the Real Property Manager and District legal counsel. B. Pre-occupancy Property Inspection Form. This form shall be subject to approval of the Real Property Manager. C. PUroll Deduction Authorization Form. This form is for employee tenants requesting deduction of monthly rent from their paycheck. D. Mandatory Landlord Disclosure Form. •� AP 82-3 b 'ATTACHMENT C MII)PENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDU14 November' 2 , 1982 TO: Interested Parties FROM: C. Britton, Land Acquisition Manager APPROVED BY: H. Grench, General Manager PREPARED BY: B. Tannenbaum, Real Property Representative SUBJECT: Enterprise Administrative Policy GENERAL POLICY In an effort to maximize income from District-owned structures and other compatible leasehold interests, the" District Board of Directors through the ..mechanism of the Site Use and Management Plan, may designate crtain District-owned land and/or appurtenances with "Enterprise" _potential. Such Enterprise accounts will be managed with four main coals in mind: A. To generate the maximum income possible while complementing main o space -goals in accordance with the District' s m open Board Policy. B. Provide for the physical care and protection of residences , other structures and surrounding grounds through the presence of a tenant or lessee. (Except in unusual situations, Entrprise residences are not caretaking e situations and duties accrue to the •tenant beyond the normal requirements of tenancy as specified in the District leases) . C. Minimize negative impact on open space land environment. ricultural or historical uses. D. Provide for compatible ag I. RESIDENTIAL STRUCTURES application list: A. The District maintained tenant 1. A list of interested potential tenants will be main- tained in the District's Enterprise files. 2. The District will not solicit applicants . for this list. Applications may be picked up in person from the District office during normal office hours. Enterprise Administrative Policy Page Two �l 3. Prospective tenants may obtain an application for the District-maintained list in any of the following ways: a. Unsolicited calls or visits to the office b. Referrals from individuals already on the list C. other word-of-mquth sources d. Respondents to newspaper ads for specific vacancies will be offered the opportunity to submit an application for this list. 4. Applications will be date stamped and kept active for three months unless the prospective tenant calls or writes for a three month extension on the active list_ The application form will indicate in bold type that unless so notified, the District will not retain applications for the list longer than three months. There will be no limitation to the number of times an application may be extended. 5. The applicant shall designate the size of. the house (e.g. two bedroom, one bath). rental rate maximum for which the tenant wishes- to be considered and the preferred location. This information will be the first consideration when a vacancy occurs. Addi- tional considerations will be based upon District criteria. (See I-C) . 6. File organization: a. The active list of applications shall be categorized according to the rental rate maximum which appears on the application. b. Applications will be retained in a descending chronological order for easier reference. C. When a request for extension of an application is received, the date of the extension will be noted on the application. B. Tenant Selection Process 1. When a vacancy occurs , current District tenants in good standing who have made a written request to relocate, will be reviewed first. Enterprise Administrative Policy Page Three 2. Priority will next be given to those on the District- maintained list. Applications will be considered based upon house size, rental rate maximum and location. Those applications with the earliest date will be con- sidered first. They will be contacted, and, if still interested, will be qualified on the basis of the tenant selection criteria. Applicants waiving a particular vacancy may elect to remain on the active list in anticipation of future vacancies, but the date of their decision to waive will be noted on their application. Those not qualified will be dropped from the list. However, the three-month time limit for application renewal will, at all times, be effective. 3. When there are no interested or qualified current tenants wishing to relocate or qualified applicants from the District-maintained list, the vacancy shall be advertised in one or two local newspapers (local to the property) . Examples might include the Los Gatos Times Observer, Peninsula Times Tribune, etc. The advertisement will be limited to 3-4 lines and will be placed in the newspaper for a period of time deemed appropriate by the Staff. Respondents to the newspaper advertisements will be informed as to when and where an open house for the vacancy will be held. At most, the first twenty (20) respondents who indicate that they will attend an open house will be given the opportunity to obtain applications at the open house. if interested, they may complete said applications at that time or mail them into the District office. . Subsequent interested parties (i.e. those who contacted ' al 20 may obtain applica- tions District after the initial ) y PP tions in person from the District off ice. These completed d applications ications will then become part of the District-maintained list except in those cases involving extenuating circumstances (e.g. out of area or state) . The applications will be picked up- by the prospective tenant at the DistricL- office. 4. In those instances where more than one applicant meets all of the criteria for selection, Land Acquisition staff shall use their best judgement in selecting the tenant most suitable for the property. In all cases of tenant selection, the District shall strictly adhere to the California Fair Housing Act , Health and Safety Code, and Section 35700 of the Government Code (ton- Discrimination Act).. After careful review, the Land Enterprise Administrative Policy Page Four Acquisition staff will make its tenant recommendation to the Land Acquisition manager for final approval. C. District Criteria Fdr Tenant Selection (Not necessarily listed by priority)- Generally, a tenant applicant meeting all of these criteria would be the most desirable. If no applicant satisfies all of the criteria, the standards would be reviewed on a case by case basis. This would apply to current tenants wishing to relocate, those on the District-maintained list and. any new applicants. 1. Financially stable (regular income) with good credit references 2. Financially able to make the required rental payments and move-in costs (first and last month's rent and security deposit) .3. Satisfactory personal and previous landlord references 4. Pets (e.g. no dogs or cats) 5. Number of occupants (Based upon staff determination of maximum occupants considering size of structure an6 impact on the adjoining open space preserve) . 6. Willingness to do minor repairs 7. Number and type of motor vehicles 8. Interest in supporting the goals of the Districit and honoring District ordinances 9. Association with the District: a. No member of the District's Board of Directors, its officers or employees may rent an Enterprise residence. b. No relative or dependent of any member of the District's Board of Directors , its officers , or employees may rent an Enterprise residence. D. Residences Occupied at Time of Property Assumption If a residence is. occupied at the time the District acquires title to the property, whicl- is then designated "Enterprisr the, current occupant will be given preference during the District' s consideration of prospective tenants, provided that: Enterprise Administrative Policy Page Five 1. The current tenant is interested in renting under the District's terms. 2. The current tenant satisfies the tenant selection criteria outlined in I-C above. a. A standard District rental application form will be required from the current tenant in order to fulfill this requirement. 3. The continuation of the current tenant's occupancy does not conflict with any relocation obligations of the District. II. RANGER RESIDENCES The administration (except for rental payments) of residences occupied by District Rangers shall be the responsibility of Land Management. However, monthly rent will be Paid to the District (and administered by Land Acquisition) in accordance with District policy. III. RENTAL AGREEMENTS A. All tenants occupying Enterprise residences (including a special form for Ranger residences) shall enter into a month-to-month rental agreement with the District. (See Exhibit A. In specialcases a yearly early lease agreement may be executed) . Each tenant will be required to prepay the first and last month's rent and a refundable security deposit (except as provided in the Ranger Residency Policy) . Rents will be prorated to the first of the month where necessary. B. The designation of a residence as an "Enterprise residence" will be regularly reviewed by the General Manager, the Lard Manager and the Land Acquisition Manager as part of the normally scheduled review of District use and Management plans. C. The monthly rent will be adjusted annually, if warranted , (on July 1) in accordance with a rental survey commenced on May 1 of each year, thereby allowing time for a 30 day ;µ notice to all tenants. D. Each Rental Agreement shall set forth the specific guidelines and regulations covering the occupancy of each enterprise residence (e.g. regarding matters such as inspection of the rented units, repair reimbursements , pet restrictions , refunds of security deposits, etc. ) . a Enterprise Administrative Policy Page Six IV. ENTERPRISE -- OTHER CATEGORIES A. Non-residential Enterprise accounts may include: 1. Grazing or other agricultural leases 2. Telecommunications leases 3. Historical leases 4. Others B. Such non-residential Enterprise accounts will normally be in the form of lease agreements administered by Land Acquisition in cooperation with Land Management. V. ACCOUNTING A. Land Acquisition will coordinate all Enterprise accounts receivable and accounts payable with the Accounting Specialist. B. Any changes in the accounting status of leases or rentals (e.g. rent increases, reimbursements, etc. ) will be reported by memorandum to the Accounting Specialist. ,.-- C. Each Enterprise account's revenues (both residential and non-residential) shall be independently recorded by means . of a, card system maintained by the Accounting Specialist. D. The Accounting Specialist will inform Land Acquisition when an Enterprise Account is in arears more than 10 days. In case of delinquent accounts : 1. Land Acquisition will contact the tenant by telephone or letter to request immediate payment. 2. Should the payment delinquency continue, it will be grounds for delivery of a "Three-day Notice to Pay Rent or Quit" . 3. Subsequent unlawful Detainer Actions and recovery of past due rent shall be handled by Land Acquisition in concert with the District Legal Counsel. y, c Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-83 Meeting 07-15 July 25,2007 AGENDA ITEM 5 AGENDA ITEM Authorize the General Manager to execute a professional services agreement with the executive search firm of Peckham & McKenney for Recruitment of a District General Manager AD HOC BOARD APPOINTEE EVALUATION COMMITTEE RECOMMENDATIONS I. Authorize the General Manager to execute a professional services agreement with the executive search firm of Peckham & McKenney for Recruitment of a District General Manager in an amount not to exceed $25,000. 2. Assign the Ad Hoc Evaluation Committee to work with Peckham & McKenney to return to the Board with a proposed recruitment process and timeline for Board review and approval. DISCUSSION At the Board's meeting of February 28, 2007, you directed the Ad Hoc Board Appointee Evaluation Committee to send out invitations for proposals to qualified executive search firms to assist the Board in recruiting a new General Manager due to Craig Britton's anticipated retirement at the end of the District's fiscal year(See Report R-07-30). You directed the Committee to interview responsive search firms and return to the Board for its approval of a recommended consultant from among the top three finalists. An invitation for proposals was sent out on June 1,2007 with proposals due on June 22, 2007. The District received six proposals. The Committee met and reviewed the proposals and determined that five proposals were the most qualified and responsive. On Friday, July 13, 2007, the Ad Hoc Board Appointee Evaluation Committee interviewed representatives from the following five experienced and well-qualified recruitment firms: Avery Associates, Bob Murray & Associates, CPS Executive Search, Management Partners, and Peckham & McKenney. The Committee asked each interviewee questions, which covered the following general topics: 1. Knowledge of the District 2. Knowledge of the ways in which a recruitment for a District General Manager might differ from a typical city manager search 3. Recommended process for developing the candidate profile and involvement of the Board, staff, and the public 4. Recommended timeframe for the search 5. How to effectively seek out hidden candidates R-05t,50 Page 2 6. Resources of the firm available for this search 7. What methods and objectives the firm would use to interview and screen candidates 8. How the firm would assess a candidate's written and oral communication skills 9. What process the firm would recommend for selecting finalists and involvement of the Board, staff and the public in that process 10. What type of placement guarantee of services would be offered in the event a selected candidate left District employment short of one year of employment 11. What type of assistance with transition from the incumbent to a new Manager might the firm be able to offer if desired by the Board While the Committee felt any of the five firms would have provided excellent service to the Board, the Committee found two of the firms to be outstanding. The difference in estimated costs was within $3,000 and the Committee felt cost was not a determining factor. The Committee considered the firms of Avery and Associates and Peckham & McKenney to be the top two firms. After much deliberation, the Committee recommends contracting with Peckham & McKenney. The Committee believes, given all factors, this firm would provide the most satisfactory and responsive services to the Board. The representative, Bobbi Peckham, demonstrated great experience and thoughtfulness in the interview, such as discussing various ways to involve the Board, staff and the public in the development of the candidate profile and finalist selection process. In addition,the firm is small and the principal, Bobbi Peckham, would personally do the recruitment. Peckham & McKenney has done prior recruitments for the District, such as the Administration Manager, and the District found its services excellent. The $25,000 maximum cost of the recruitment will be taken from the Administration Budget, Category Professional Services, which is part of the District's fiscal year 2007-2008 budget and already approved by the Board. The Committee also recommends that it be tasked by the Board to work with the recruiter once hired, to develop a draft recruitment and selection process and timeline and return this to the Board for its discussion, review and approval. The Board will then have ample time to undertake a successful recruitment process in the remainder of the 2007-2008 fiscal year. Prepared by: Ad Hoc Board Appointee Evaluation Committee Directors Hanko, Siemens and Cyr Contact person: Jed Cyr, Chair PECKHA MCKENNEY JUN 15 21007 EXECUTIVE SEARCH AND CONSULTING ail I Executive Search Services ra Gene 1 Manager n ger Midpeninsula Regional Open Space District June 2007 "All About People" "All About Fit" 6700 Freeport Boulevard, Suite 203 1-866-912-1919 (916)391-2233 Sacramento,CA 95822 www.peckhamandmckenney.com Fax (916)391-2255 PECKHAM MCKENNEY EXECUTIVE SEARCH AND CONSULTING June 12, 2007 Ms. Annetta Spiegel Acting Human Resources Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Ms. Spiegel: Thank you for the opportunity to express our interest in assisting you in the recruitment of the new General Manager. We believe that you would be very satisfied with the recruitment experience and service that our firm offers. With over 50 years of combined experience in executive search, management and local government, Peckham & McKenney brings a high level of service to the industry. We offer this service to you along with the understanding that the selection of the new General Manager is a crucial decision for the Board of Directors, and we will do everything within our power to make this recruitment process a positive experience for everyone involved. We realize that other recruitment firms offer similar services. We believe there are three significant factors that differentiate us from our competition. 1) Qualli We limit the number of search assignments that we take on at any one point in time allowing us to provide the quality, personal attention that you deserve. This way, neither our clients nor our candidates ever feel "lost in the shuffle." We are only interested in assignments where everyone involved is completely satisfied with the process and the results. 2) Personal Approach Rather than "handing off" critical recruitment tasks to junior staff, we take a very personal approach to each and every recruitment process. While we have experienced administrative staff, Mr. McKenney and I personally conduct all key recruitment components, including development of the recruitment "All About People "All About Fit" 6700 Freeport Boulevard,Suite 203 1-866-912-1919 (916)391-2233 Sacramento,CA 95822 www.peckhamandmckenney.com Fax(916)391-2255 brochure, outreach calls, interviews, and reference checks. This approach allows for a continuity of process involving the candidates that is unmatched within the industry. 3) Customized Search Although every recruitment process has similar elements, we believe each and every client is unique unto itself. The Midpeninsula Regional Open Space District has its own culture, values, and purpose. We respect this and take the time necessary to become totally familiar with the MROSD's unique qualities. This allows us to screen candidates accordingly and present only those candidates that truly meet your particular requirements. While we have access to a database of potential candidates, all of our search efforts will be tailored to meet your needs. We are already somewhat familiar with the District, having placed Sally Rice as well as having met with Craig Britton and several Board members in initial discussions regarding this recruitment. In addition, we have significant experience conducting recruitments for similar positions including current City Manager searches for the cities of Del Mar, Hayward, and Tracy (Assistant City Manager). In addition, we recently completed City Manager recruitments for the cities of Glendora, Redlands, Palos Verdes Estates, Martinez, Pleasant Hill, Big Bear Lake, and Milpitas, CA. Previous City Manager recruitments on the Peninsula include the cities of Belmont and East Palo Alto, as well as other searches for the cities of Redwood City, Mountain View, and Los Altos. With all of the above having been said, we believe that our combination of experience, industry contacts, process, and proven personal involvement make us uniquely qualified to assist you. Please feel free to call us toll-free at (866) 912-1919. Sincerely, C Bobbi C. Peckham Phil McKenney Attachment t + TABLE OF CONTENTS INTRODUCTION 1 Bobbi C. Peckham Phil McKenney THE SEARCH PROCESS 3 Professional Fee and Expenses Insurance Placement Guarantee PR03ECT SCHEDULE 5 CLIENT REFERENCES 6 RECENT CLIENTS AND EXECUTIVE SEARCHES 7 INTRODUCTION Peckham & McKenney provides Executive Search and Consulting services to local government agencies throughout the Western United States and is headquartered in Sacramento, CA, with an office in Lake Tahoe. The firm was established as a partnership in June 2004 by Bobbi Peckham and Phil McKenney and is supported by an experienced administrative staff. Peckham & McKenney was established on the premise that an executive search and consulting firm must be dedicated to providing its clients and candidates with professional service, as well as a personal, hands-on approach. Our business philosophy centers upon the understanding that this is a "people" related industry and that attention to others' needs is the key to providing effective customer service. Not only are we committed to providing our clients with well-qualified candidates, but we also take pride in treating both our clients and candidates with utmost respect. This commitment has lead to multi-year retainer agreements with a number of agencies, as well as numerous client and candidate testimonials to their experiences with us. We invite you to visit our web site at www.PeckhamAndMcKenney.com. At Peckham & McKenney, we are committed to local government and sensitive to the challenges and issues faced by our clients. As such, we participate in ICMA's Friends of the Profession Program and provide significant support, time, and assistance to the Cal- ICMA Preparing the Next Generation Committee. Bobbi C. Peckham Bobbi Peckham is one of the West Coast's leading local government recruiters and has over 25 years of experience in local government and executive recruitment. Ms. Peckham began her career in the public sector in Naperville, Illinois, where she became familiar with all aspects of local government. Ms. Peckham was then recruited to join the Executive Search practice of a leading California recruitment firm. Later, she played an integral role in creating a national search business for what became the largest recruitment practice serving local government in the country. Here, she became Regional Director overseeing Northern California and a nine-state region. In 2001, Ms. Peckham was invited to implement a public sector search practice for a Sacramento-based, private sector firm. With its significant success and her outstanding track record on local government placements, she chose to form her own search firm in partnership with Phil McKenney in June 2004. Ms. Peckham has personally conducted hundreds of national searches throughout the Western United States. She has extensive experience working with City Councils, Executive Boards, and local Page 1 government administrators, listening to and understanding their needs in executive level placements. Ms. Peckham received a Bachelor of Science degree in Organizational Behavior from the University of San Francisco. She is a contributing member of the International City/County Management Association, Cal-ICMA, Women Leading Government, Municipal Management Association of Southern California, and Municipal Management Association of Northern California. Ms. Peckham serves on the ICMA's National Task Force on Job Hunting Resources as well as the Cal-ICMA Committee on Preparing the Next Generation. Phil McKenney Phil McKenney has over 30 years' management experience and is very familiar with local government agencies, having led a county organization and having worked with numerous city governments and special districts. Mr. McKenney began his career in the resort and hospitality industry and served as General Manager for Mattakesett Properties on the island of Martha's Vineyard. He then relocated to Keystone Resort in Colorado, which is now acknowledged as a premiere all-season resort with special recognition for its level of guest services. Mr. McKenney later took over the helm of the Summit County Chamber of Commerce as their Executive Director. This hybrid-Chamber was the only countywide organization responsible for marketing all of Summit County, Colorado, home to Breckenridge, Keystone, and Copper Mountain resorts. Through his leadership and collaborative style, and working with the cities and county within Summit County, he led the Chamber to being a readily recognized and well-respected organization within Colorado and the Western United States. Mr. McKenney was then selected by Placer County, California to lead the merger of the North Lake Tahoe Chamber of Commerce and the North Tahoe Visitors and Convention Bureau into the North Lake Tahoe Resort Association. As Executive Director of this new county organization, he represented the Tourism industry for all of North Lake Tahoe. The Resort Association is now a proactive, nationally recognized organization whose model of governance is being replicated in numerous resort communities across the western United States. Mr. McKenney joined Ms. Peckham in executive recruitment in January 2003 and has since conducted many national recruitments. Mr. McKenney has an undergraduate degree in Recreation from Slippery Rock State College as well as a Master of Business Administration from the University of Denver. Page 2 r b THE SEARCH PROCESS While it is our intent to customize the search and project schedule to fit the Midpeninsula Regional Open Space District's specific needs, the search process typically includes the following key actions: • Project Organization — This phase provides for the development of a detailed Candidate Profile. We will meet individually with members of the Board of Directors, as well as others you identify, to discuss the issues and challenges facing the Midpeninsula Regional Open Space District. The desired background and experience, leadership style and personality traits, skills and abilities will be discussed. We will also discuss expected parameters of the search, the search timeline, and schedule future meeting dates. Typically, we devote significant time to this phase of the recruitment in order to become fully knowledgeable of the organization and community. We encourage our clients to allow us to meet with staff, the executive management team, Council and Commission members, and residents. In addition, we may ask for a tour of the community in order to more fully understand current and future projects as well as gain a stronger familiarly with the community. • Recruitment— Our recruiting efforts will focus on direct and aggressive recruiting of individuals within the search parameters established during the Project Organization phase. We believe direct recruiting produces the most qualified candidates. We know how to identify the "hidden" candidates, including those passive candidates who may be resistant to considering an employment change. In addition, an attractive brochure will be prepared to market the organization and position to potential candidates. Advertisements will be placed in industry publications and websites, and our firm will assume responsibility for presenting your opportunity in an accurate and professional manner. All resumes received will be promptly acknowledged, and we will personally respond to all inquiries. ■ Preliminary Interviews/Recommendation — As resumes are received supplemental questionnaires will be sent to candidates who appear to meet the candidate profile. Following the filing deadline and a thorough review of the resumes and questionnaires received, we will conduct preliminary interviews with those individuals most closely matching the candidate profile. Preliminary reference checks will be conducted and a written recommendation of finalists will be personally presented to the Board of Directors. Once the Board has selected finalists for further consideration, all candidates will be notified of their status. • Final Interviews/Selection — During this phase, finalists will be interviewed by the MROSD. We will provide both advice and facilitation assistance during the final Page 3 interview process. Interview materials, including suggested interview questions, evaluation and ranking sheets will be provided for the Board's convenience. ■ Qualification — Once the final candidate has been selected, our firm will verify, at your discretion, professional work experience, educational histories, criminal, civil, credit, motor vehicle records, and second "tier" references. This comprehensive process ensures that only the most thoroughly screened candidate is hired. In addition, negotiation assistance will be provided. Professional Fee and Expenses The professional fee for the recruitment of the General Manager is $17,500. One-third of this fee is due as a retainer upon execution of the agreement. The remainder of the fee will be divided and billed in two separate, monthly invoices. The proposed project and professional fee includes three meetings with the Midpeninsula Regional Open Space District; the first to develop the Candidate Profile, the second to recommend finalists, and the third to facilitate finalist interviews. Requested additional meetings will be negotiated and billed accordingly. The Midpeninsula Regional Open Space District will also be responsible for reimbursement of expenses not to exceed $7,500. Expenses will be pre-approved and will be billed back at cost. Expenses include out-of-pocket costs associated with advertising, printing, consultant travel, clerical, background checks, telephone, supplies and postage. Insurance Peckham & McKenney carries Professional Liability Insurance ($1,000,000 limit) and Commercial General Liability Insurance ($1,000,000 General Liability, $2,000,000 General Aggregate, $1,000,000 Personal Injury and $2,000,000 Products). Placement Guarantee Peckham & McKenney agrees to guarantee this placement for a period of one year from date of hire. In the event a candidate recruited and recommended by our firm leaves your employment or is dismissed for cause during this period, we agree to provide a one-time replacement at no additional charge, except expenses. Page 4 PROJECT SCHEDULE This sample schedule anticipates a 14-week process. In today's competitive recruiting environment, our goal is to make the process as efficient and effective as possible. ACTIVITY TIME FRAME I. Project Organization (Two Weeks) • Kick-Off Meeting to discuss Candidate Profile and formalize project schedule • Finalize Candidate Profile with Midpeninsula Regional Open Space District • Develop advertising and recruiting plan • Prepare marketing brochure II. Recruitment (Six Weeks) • Identify/recruit individuals within the parameters of the Candidate Profile • Advertise, network, and electronically post in appropriate venues • Respond to all inquiries and acknowledge all resumes received III. Preliminary Interviews/Recommendation (Three Weeks) • Review candidates' resumes and supplemental questionnaires • Conduct preliminary interviews with leading candidates • Conduct first-tier reference checks • Present written recommendation of finalists to Board of Directors • Notify all candidates of search status IV. Final Interviews/Selection (Two Weeks) • Design process and facilitate finalist interviews with MROSD • Board of Directors selects candidate V. Qualification (One Week) • Conduct background checks and second 'tier" references • MROSD conducts site visit to community of selected candidate • Negotiation assistance, as necessary. Page 5 CLIENT REFERENCES Please feel free to contact any of the following current and recent clients to inquire about their experience with Bobbi Peckham and Phil McKenney. In addition, we would be pleased to furnish the client contact and phone numbers for any past clients listed in the Attachment. City of Big Bear Lake, CA— City Manager Bill Jahn, Mayor, or Liz Harris, Councilmember (909) 866-5831, officeofthecitymanagerOcilybigbearlake.com City of Glendora,, CA—City Manager Mayor Ken Herman or Gary Clifford, Councilman (626) 914-8203; cheatonOci.glendora.ca.us City of Martinez, CA— City Manager Mayor Rob Schroder, or Don Blubaugh, City Manager (925) 372-3505, dblubauqh@cityofmartinez.org City of Milpitas, CA—City Manager Carmen Valdez, Director of Human Resources (408) 586-3086, cvaldez@ci.milpitas.ca.gov City of Palos Verdes Estates, CA—City Manager Mayor Jim Goodhart (310) 378-0383; mmonsonODvestates.org City of Pleasant Hill, CA— City Manager Carey Corbaley, Human Resources Director (925) 671-5277, Ccorbaley@ci.pleasant-hill.ca.us City of Redlands, CA—City Manager Mayor Jon Harrison (909) 798-7511; jmcconnell@cityofredlands.org Page 6 RECENT CLIENTS AND EXECUTIVE SEARCHES City/County Manager, City Attorney, Executive Director and Related American American Water Works Assoc., CA/NV Section Executive Director Antioch, City of City Attorney Arvada, CO, City of Deputy City Manager Ashland, OR, City of City Administrator (2002 and 2005) Baldwin Park, City of Chief Executive Officer Belmont, City of City Manager Big Bear Lake, City of City Manager (1995, 2001 and 2006) Big Bear Lake, City of General Manager, Dept. of Water & Power Big Bear Lake, City of Asst. General Mgr., Dept. of Water & Power California Water Pollution Control Association Association Manager Calistoga, City of City Manager Delano, City of City Manager East Palo Alto, City of City Manager Fort Lupton, CO, City of City Administrator Gillette, WY, City of City Administrator Gilroy, City of Assistant City Administrator Glendora, City of City Manager Grand ]unction, CO, City of City Manager (2001 and 2006) Greeley, CO, City of City Manager Hayward, City of City Manager Hayward, City of Assistant City Manager Hayward, City of City Attorney Hesperia, City of City Manager Indio, City of City Manager Inglewood, City of Administrative Officer King City, City of City Manager Laramie, WY, City of City Manager Lathrop, City of City Manager Mammoth Lakes, Town of Town Manager Martinez, City of City Manager Milpitas, City of City Manager Monte Vista Water District General Manager Mountain Village, CO, Town of Town Manager Norco, City of City Manager North Lake Tahoe Public Utility District General Manager North Lake Tahoe Resort Association Executive Director Orange County Fire Authority Assistant Chief, Business Services Palos Verdes Estates, City of City Manager Park City Municipal Corporation, UT City Manager Pleasant Hill, City of City Manager Page 7 Porterville, City of Deputy City Manager Public Agency Risk Sharing Authority of CA General Manager Redding, City of City Manager Redding, City of Assistant City Attorney Redlands, City of City Manager Reno, NV, City of Assistant City Manager Sacramento, CA, Crocker Art Museum Executive Director San Jose, City of Executive Director, Historical Museum San Rafael, City of Assistant City Manager Solvang, City of City Manager Snowmass Village, CO, Town of Town Manager Springfield, OR, City of Assistant City Manager Steamboat Springs, City of City Manager Steamboat Springs Chamber Resort Assoc., CO Executive Vice President Tracy, City of Assistant City Manager Truckee, Town of Town Manager Tulare, City of City Manager Tulare Co. Economic Development Corporation President Vail, CO, Town of Town Manager Windsor, CO, Town of Town Manager Winter Park, CO, Town of Town Manager Winters, City of City Manager Yakima Regional Clean Air Authority, WA Executive Director/Air Pollution Contl Officer County of Yuba, CA County Administrative Officer Community Development/Planning/Environmental Services Ashland, OR, City of Community Development Director Baldwin Park, City of Community Development Director Belmont, City of Community Development Director Brookings Economic Development Agency, SD Executive Director Corte Madera, Town of Environmental Services Director Delano, City of Community Development Director Delano, City of Economic Development Manager Eastern Municipal Water District Director, Development & Customer Services Fremont, City of Deputy Rdvlpmnt Agency Director, Housing Grand Junction, CO, City of Community Development Director Hayward, City of Community Development Director Hesperia, City of Redevelopment Director Jefferson County, CO Planning & Development Director Livermore, City of Economic Development Director Martinez, City of Community Development Director Murrieta, City of Development Services Director Needles, City of City Planner Novato, City of Community Development Director Page 8 Novato, City of Planning Manager Oceanside, City of Economic Development Director Pasadena, City of Director of Planning & Permitting Reno, NV, City of Redevelopment Administrator San Bernardino, City of Business Development Manager San Bruno, City of Community Development Director San Mateo, City of Planning Manager San Mateo, City of Building Official San Pablo, City of Development Services Director San Pablo, City of Planning Manager San Rafael, City of Community Development Director County of Santa Clara, San Jose, CA Director, Dept. of Planning & Development Seaside, City of Sr. Planning Services Manager Seaside, City of Redevelopment Services Manager Teton County, CO Planning & Development Director Vail, Town of, CO Director of Community Development Washington County, OR Land Development Services Manager Library Director and Related Hayward, City of Library Director Mountain View, City of Library Director Oceanside, City of Library Director Orange, City of City Librarian Pleasanton, City of Library Services Director Sacramento Public Library Library Director Torrance, City of Cultural Arts Administrator Parks & Recreation Los Altos, City of Recreation Director North Clackamas County, OR Parks & Recreation Director Novato, City of Depty Director, Parks Rec. & Comm. Svcs. Pleasanton, City of Community Services Manager Pleasanton, City of Director of Parks & Recreation Reno, City of Director of Parks & Recreation Rialto, City of Parks & Community Services Director Tracy, City of Parks & Community Services Director Vacaville, City of Director of Community Services West Sacramento, City of Parks & Community Services Director Public Works/Engineering and Related Belmont, City of Public Works Director Belmont, City of Senior Civil Engineer Big Bear Lake, City of City Engineer Campbell, City of City Engineer Page 9 Campbell, City of Associate Civil Engineer Carlsbad, City of Deputy Public Works Director Chino Basin Municipal Water District Manager of Planning & Engineering Delta Diablo Sanitary District Senior Engineer Fremont, City of Manager of Maintenance Operations Gilroy, City of Building Field Services Manager Greenfield, City of Public Works Director Hayward, City of Director of Public Works Jefferson County, Golden, CO Airport Manager Marin Municipal Water District Environmental Resources Division Manager Oceanside, City of Community Services Director Orange County Fire Authority, CA Fleet Manager Orange County Fire Authority, CA Property Manager Reno, NV, City of Fleet Manager Sacramento County, CA Associate Civil Engineer San Jose, City of General Services Director San Luis Obispo, City of Public Works Director Santa Paula, City of Public Works Director Yorba Linda, City of Field Services Supervisor City/County Clerk and Related Alameda County, CA Clerk of the Board Berkeley, City of City Clerk Dana Point, City of City Clerk Oceanside, City of Public Information Officer Menlo Park, City of City Clerk Monterey, City of City Clerk Mountain View, City of City Clerk Sacramento, City of City Clerk San Jose, City of City Clerk San Luis Obispo, City of City Clerk Santa Cruz, City of City Clerk Information Technology Fremont, City of Information Svcs. Tech. Director Fremont, City of Chief Information Tech. Officer Jefferson County, Golden, CO Information Technology Director San Diego County Water Authority Information Systems Manager Human Resources/Personnel AC Transit District Human Resources Manager Azusa, City of Human Resources Director Belmont, City of Human Resources Director Belmont, City of Personnel Analyst Page 10 Brookings, SD, City of Director of Human Resources Contra Costa Water District Human Resources Manager Delta Diablo Sanitation District Personnel Officer East Bay Regional Park District Personnel Director Glendale, AZ, City of Personnel Director Hayward, City of Human Resources Director Jefferson County, CO Human Resources Director (2 searches) Las Vegas Metropolitan Police Department, NV Director, Selection & Classification Midpeninsula Regional Open Space District Administration/Human Resources Director Mountain View, City of Director of Employee Services Oceanside, City of Personnel Director Orange County Fire Authority, CA Human Resources Director Palm Desert, City of Human Resources Manager Porterville, City of Administrative Services Manager Redwood City, CA, City of Human Resources Director San Bruno, City of Human Resources Director San Rafael, City of Human Resources Director Seaside, City of Personnel Services Manager Southern CA Association of Governments Human Resources Manager Torrance, City of Risk Manager Finance Director/Controller/Treasurer Alameda County, CA Finance Director Alhambra, City of Finance Director American Canyon, City of Finance Director Antioch, City of Finance Director Arvada, CO, City of Director of Finance Azusa, CA, City of Director of Finance Brisbane, City of Finance Director Burbank, City of Finance Director Claremont, City of Finance Director Contra Costa Water District Finance Director Dublin, City of Administrative Services Director Durango, CO, City of Finance Director East Bay Regional Park District Controller Emeryville, City of Finance Director Goodwill Industries of San Joaquin Valley Finance Director/Controller Gonzales, City of Finance Director Hayward, City of Finance Director La Quinta, City of Finance Director Long Beach, City of City Treasurer Marin Municipal Water District Auditor/Controller Menlo Park, City of Financial Services Manager Milpitas, City of Finance Director Page 11 Modesto, City of Director of Finance Monterey, City of Finance Director Morgan Hill, City of Finance Director Needles, City of Finance Director Oakland, City of Budget Director Orange County Fire Authority Assistant Chief, Business Services Orange County Fire Authority Financial Services Manager Orange County Fire Authority Treasurer (2000 and 2004) Oxnard, City of Finance Director Pasadena, City of Accounting Administrator Porterville, City of Administrative Services Manager Rancho Cordova, City of Assistant Finance Director Reno, NV, City of Finance Director Reno, NV, City of Accounting Manager San Diego County Water Authority Investment Analyst Santa Cruz, City of Finance Director Seaside, City of Financial Services Manager Union City, City of Finance Director Ventura, City of Treasury Manager Visalia, City of Finance Director Washington County, OR Finance Director Western Municipal Water District Finance Director Yorba Linda, City of Finance Director Public Safety/Law Enforcement Antioch, City of Police Chief Baldwin Park, City of Police Chief Belmont, City of Police Chief Clayton, City of Police Chief Gilroy, City of Fire Chief Livermore, City of Fire Chief Los Altos, City of Police Captain Menlo Park, City of Police Chief Milpitas, City of Police Chief Modesto, City of Fire Chief Oceanside, City of Police Captain Porterville, City of Chief of Police Redondo Beach, City of Communications Manager Riverton, WY, City of Police Chief Santa Monica, City of Police Chief West Covina, City of Fire Chief Page 12 Claims No. 07-12 Meeting 07-15 Date 7/25/07 Revised Midpeninsula Regional Open Space District # Amount Name Description 7193 $9161 Antolin, Noelle Reimbursement-Mileage 7194 $240.00 Association Of Environmental Recruitment Advertisement-OSP 11 Professionals 7195 $1,444.86 AT&T Telephone Service-AO&SFO 7196 $10,613.50 Balance Hydrologics, Inc. Consulting Services-In-Stream Sediment Monitoring At ECOM 7197 $27.33 Barron Park Supply Plumbing Supplies 7198 $3,370.00 Bill's Towing&Recovery Towing Services For Extrication Of Tractor Towing Of Water Truck 7199 $1,880.87 Biological Control Of Weeds Biocontrol-Hairy Weevils 7200 $69.00 Board Of Equalization Sales&Use Tax-Book Sales 7201 $45437 California Water Service Company Water Service-FFO 7202 $250.00 CARPOSA Conference Registration 7203 $123.06 *1 Carrier's Beekeeping Supplies Uniform Expense 7204 $210.99 Cascade Fire Equipment Company Field Supplies 7205 $1,075.16 CMK Automotive Inc. Vehicle Maintenance&Repairs 7206 $2,210.00 Concern Employee Assistance Program Quarterly Fee 7207 $10.27 CSK Auto Vehicle Supplies 7208 $899.31 Cube Solutions Ergonomic Supplies 7209 $144.59 Cupertino Bike Shop Bicycle Supplies 7210 $45.00 Del Rey Building Maintenance Replace Exterior Light Bulbs-AO 7211 $1,700.39 Dell Commercial Credit 2 Desktop Computers 7212 $60.00 Downing, Brendan Reimbursement-Cell Phone 7213 $147.50 *2 Environmental Services Group Hazardous Material Disposal 7214 $52.18 Foster Brothers Lock&Key Services 7215 $8,745,00 Go Native Nurser, Pest Management Consulting Services I Development 01 Outreach Program To Facilitate Treatment Of Slender False Brome 7216 $33,962.50 Go Native Nursery Herbicide Spraying-2 Months 7217 $197.62 Goodco Press, Inc. Printing Services-Business Cards 7218 $38.97 Interstate Traffic Control Products Field Supplies 7219 $846.69 Jaeco Fire&Safety Portable Water Tank For District Water Truck 7220 $2,500.00 Jerry F. Franklin Consultant-Forest Management Policy Development 7221 $317.35 *3 Kansas State Bank Of Manhattan Modular Building For SFO-Lease To Own 7222 $6186 Lab Safety Supply Field Supplies 7223 $2,622,00 Langley Hill Quarry Repair Septic Tank Outlet Pipe-Employee Residence 7224 $49.00 League Of California Cities Brown Act Books 7225 $246.00 Lech Auto Air Conditioning Air Conditioning Service-District Vehicles 7226 $420.86 LFR Levine Fricke Engineer&Design Services-ECDM Staging Area Project 7227 $2,774.50 Liebert Cassidy Whitmore Legal Services 7228 $429.57 Los Altos Garbage Company Dumpster Service-FFO 7229 $9.43 Los Altos True Value Hardware Field Supplies 7230 $60.00 Macke Water Systems, Inc. Water Dispenser Rental-Two Months 7231 $111.00 Metro Mobile Communications Radio Equipment&Supplies 7232 $512.46 Moffett Supply Company Sanitation Supplies 7233 $4,422.89 Nomad Ecological Consulting Botanical Inventory 7234 $10,000.00 *4 North American Title Company Deposit-Land Acquisition 7235 $1,026.69 Powerland Equipment, Inc. Tractor Supplies 7236 $100.90 Premiere Global Services Fax Broadcast Services 7237 $46.25 Rayne Of San Jose Water Conditioning Service 7238 $845.35 Redwood General Tire Co. Inc. Tires Page 1 of 2 Claims No. 07-12 Meeting 07-15 Date 7/25/07 Revised Midpeninsula Regional Open Space District # Amount Name Description 7239 $60.00 Roessler,Cindy Reimbursement-Cell Phone 7240 $159,00 Roto-Rooter Plumbing Services-AO 7241 $2,82175 Roy's Repair Service Vehicle Repairs&Service 7242 $58.97 Royal Brass Inc. Field Supplies 7243 $10,632,36 Sage Associates Grazing Consulting Services 7244 $231,40 San Francisco Chronicle Annual Subscription 7245 $13,892.13 Shute, Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation 7246 $211.09 Smutnak,Greg Reimbursement-Uniform Expense 7247 $7,247.50 Solutions Partners, Inc. Executive Recruitment Services 7248 $75913 Staples Credit Plan Office Supplies 7249 $118.26 State Board Of Equalization Diesel Fuel Tax 7250 $410.27 Summit Uniforms Uniform Expenses 7251 $3,036.90 The Bank of New York Note Paying Agent Fees-1996 Revenue Bonds 7252 $1,797.43 Tires On The Go Tires 7253 $104.99 Tooland, Inc. Field Supplies 7254 $22-73 United Parcel Service Parcel Shipping 7255 $1,196.71 United Rentals Highway Technologies 25 Trail Signs 7256 $22,000.00 Vavrinek,Trine, Day&Co., LLP Auditor Services For Fiscal Year 06/07 7257 $209.78 West Payment Center Legal Research 7258 R $500,00 Association Of Bay Area Governments Annual Membership 7259 R $21180 AT&T Fax Service-FFO/Voice Mail Service-AD 7260 R $1,487.97 Big Creek Lumber Lumber Materials-Pulgas Ridge Project&General Supply For FFO 7261 R $318.50 Bowerman Electric Install 120 Volt Circuit-Rental Residence 7262 R $155.81 California Water Service Company Water Service-AO 7263 R $550.00 David Stocks Preparation Of Smoke Management Plan Planning For Monte Bello Burn 7264 R $5,062.80 Dell Commercial Credit 5 Computers 7265 R $4,208.38 EDAW Master Plan Contract Services-Sierra Azul&Bear Creek Redwoods 7266 R $112.25 Federal Express Express Mailing 7267 R $9,69 Kwik Key Lock&Safe Co. Inc. Lock&Key Services 7268 R $1,291.78 Office Depot Office Supplies 7269 R $359.04 Petty Cash Business Meetings,Supplies:Office/Field/Docent/Nature Center,Parking&Mileage, Postage&Membership Dues 7270 R $325,05 Romic Environmental Technologies Recycle Used Oil Drums-FFO 7271 R $18.06 United Parcel Service Parcel Shipping 7272 R $254.73 Verizon Wireless Cell Phone Service Total $175,308.64 .1 Urgent Check Issued 7/11/07 *2 Urgent Check Issued 7/11/07 *3 Urgent Check Issued 7/11/07 *4 Urgent Check Issued 7/19/07 Page 2 of 2 �- Claims No. 07'12 � Meeting 07'15 ` [ate 7/2507 | � . � Midpeninsula Regional Open Space District | # Amount Name Description | 7193 $93.61 Anm|m.wmane Reimbursement'Mileage 719* *2*0.00 Association OfEnvironmental Recruitment Advertisement-OSP|| pm,emmi000|u � 7195 $1.444.86 AT&T Te|ephoneGemine-xO&GFO � 7198 *10.613.50 ga|anmaHydm|ngim. Inc. Consulting Services-In-Stream Sediment Monitoring At ECDM 7197 $27�33 Barron Park Supply Plumbing Supplies | 7198 $3.370.00 Bm'n Towing&Recovery Towing Services For Extrication Oi Tractor/Towing O/ Water Truck � 719e $1.880.87 Biological Control OfWeeds 8iocontml'Hairy Weevils � � 7200 $69�00 Board OfEqualization Sales&Use Tax-Book Sales ! | 7201 $454.77 California Water Service Company vvota,Sewice-+pO � / rooa $250.00 CAnPos* Conference Registration 7203 $133.00 ^1 Carrier's Beekeeping Supplies Unmnnn Expense 720* %210.98 Cascade Fire Equipment Company Field Supplies � 7205 $1.075,16 CMK Automotive Inc. Vehicle Maintenance&Repairs � 7206 *2.210�00 Concern Employee Assistance Program Quarterly Fee 7207 *1017 C3xauto Vehicle Supplies � rxna $899.31 Cube Solutions Ergonomic Supplies 7209 $1u*�59 Cupe�inoBike Shop Bicycle Supplies � � � � 7210 $45.00 Del Rey Building Maintenance Replace Exterior Light Bulbs wo 7211 u1.700.39 Dell Commercial Credit o Desktop Computers � 7213 $60.00 Downing, Brendan Reimbursement'Cell Phone � 7213 $1*T50 ~2 Environmental Services Group Hazardous Material Disposal � � 7214 $52.18 Foster Brothers Lock&Key Services 7215 $8.745.00 Go Native Nursery Peat Management Consulting Services/Development O, Ou treach � Fo|una,omo ' 7216 $33.962.50 8o Native Nursery Herbicide Spraying'2 Months � 7217 $187.63 GnndcvPnomx. Inc. p,mUngGerviceu-BuuineosCordo | 7218 $38.97 Interstate Traffic Control Products Field Supplies � 7219 %846.09 JoecpFire&Gafety Portable Water Tank For District Water Truck � � 7220 $2.500�00 xexyF Franklin Consultant'Forest Management Policy Development � 7221 g317.35 ~a Kansas State Bank OfManhattan Modular Building For SFO'Lease TuOwn 7222 *63.86 Lab Safety Supply Field Supplies � 7223 $2.622n0 Langley Hill Quarry Repair Septic Tank Outlet Pipe'Employee Residence / 7224 $*e,OO League Of California Cities Brown Act Books ' 7225 $248.00 Lech Auto Air Conditioning Air Conditioning Service-District Vehicles 7226 $420�86 LFR Levine Fricke Engineer&Design Services'ECDM Staging Area Project | 7227 $2.774.50 ueh*rt Cassidy Whitmore Legal Services | 7228 S42e,57 Los Altos Garbage Company Dumps*e,Service-FFO 7228 *9^3 Los Altos True Value Hardware Field Supplies 7230 $00.00 Macke Water Systems, Inc. Water Dispenser Rental Two Months 7231 $111 nn Metro Mobile Communications Radio Equipment&Supplies 7232 $512.46 Moffett Supply Company Sanitation Supplies | � 7233 $4.422,89 Nomad Ecological Consulting Botanical Inventory � 723* $10.000.00 ^4 North American Title Company Deposit'Land Acquisition 7235 $1.026�88 puwm,|und Equipment, Inc. Tractor Supplies 7236 $100.90 Premiere Global Services Fax Broadcast Services � � 7237 $46,25 Rayne Of San Jose Water Conditioning Service � 7238 *845.35 Redwood General Tire Co. Inc. Tires Page`mu Claims No. 07-12 Meeting 07-15 Date 7/25/07 Midpeninsula Regional Open Space District # Amount Name Description 7239 $60.00 Roessler,Cindy Reimbursement-Cell Phone 7240 $159.00 Roto-Rooter Plumbing Services-AO 7241 $2,821.75 Roy's Repair Service Vehicle Repairs&Service 7242 $58.97 Royal Brass Inc. Field Supplies 7243 $10,632.36 Sage Associates Grazing Consulting Services 7244 $231 A0 San Francisco Chronicle Annual Subscription 7245 $13,892.13 Shute, Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation 7246 $211,09 Smutnak,Greg Reimbursement-Uniform Expense 7247 $7,247.50 Solutions Partners, Inc. Executive Recruitment Services 7248 $759.23 Staples Credit Plan Office Supplies 7249 $118.26 State Board Of Equalization Diesel Fuel Tax 7250 $410.27 Summit Uniforms Uniform Expenses 7251 $3,036.90 The Bank of New York Note Paying Agent Fees-1996 Revenue Bonds 7252 $1,797.43 Tires On The Go Tires 7253 $104.99 Tooland, Inc. Field Supplies 7254 $22.73 United Parcel Service Parcel Shipping 7255 $1,19671 United Rentals Highway Technologies 25 Trail Signs 7256 $22,000.00 Vavrinek,Trine, Day&Co.,LLP Auditor Services For Fiscal Year 06/07 7257 $209.78 West Payment Center Legal Research Total $160,441.78 .1 Urgent Check Issued 7/11/07 *2 Urgent Check Issued 7/11/07 *3 Urgent Check Issued 7/11/07 *4 Urgent Check Issued 7/19/07 Page 2 of 2 D -7 Regional Open Space ........ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General ManagAer ,' DATE: July 25, 2007 RE: FYI's Toastmasters International June 29, 2007 JUL 0 9 -2007 Craig Britton MROSD 330 Distel CIR Los Altos, CA 94022 Dear Craig Britton: It is my pleasure to inform you that Gordon Baillie has successfully completed the first section of the Toastmasters International communication program. The communication program is a training program that helps participants improve their speaking and leadership skills in a club environment. To finish the program, participants must complete a series of rigorous assignments which provide instruction and practice in the basic techniques of public speaking. Participants also learn to offer constructive evaluation of others' efforts, and they have the opportunity to serve as club leaders. Since the program is self-paced,those completing the program show a high degree of self-motivation and a strong interest in self-improvement. The achievement of Toastmaster Baillie will benefit you as an employer. Participation in the Toastmasters program involves working and communicating with people from a wide variety of professions and vocations. Through such interaction, participants gain a valuable awareness of the business and professional community in which they live and work. They increase their self-confidence and understanding of others, and they become better listeners,thinkers, and leaders. These skills help them become more effective in their work environment. I know you will be pleased to learn of this recognition and make note of this important development in the life of Toastmaster Baillie. Sincerely, Donna H. Groh Executive Director Enclosure P.O.Box 9052 Mission Viejo,CA 92690-9052 Tel:(949)858-8255 • Few(949)858-1207 www.Toastmasters.org FRIENDS OFEDGEwoOD NATURAL PRESERVE P.O.Box 3422,Redwood City,CA 94064-3422 a (866)GO-EDGEWOOD•www.fiiendsofedgewood.org 2007 Board of Directors Susan July 3, 2007 Crocker Herb Fischgrund Cindy Roessler, Resource Management Specialist Peter Midpeninsula Regional Open Space District Ingram 330 Distel Circle Los Altos, CA 94022-1404 Bin Korbholz Yvette Pirie Thank you for arranging for the generous $5,000 donation from MROSD to support the Camlyn Edgewood Grassland Management Project this year. As you know, non-native grass Strange invasions are affecting many natural ecosystems throughout our State, and these funds Michaelwill help us in restoring Edgewood's grasslands to a more natural condition. Tu The primary goal of this project is to restore the quality of 10 to 20 acres of grassland at Edgewood County Park and Natural Preserve by significantly reducing infestations of non-native plants and promoting healthy native ecosystems. Another goal is to enhance the visitor's experience at Edgewood by allowing the native wildflowers to display their beauty. Your contribution to this project will help us achieve these goals, and we are most grateful to you for making this unsolicited donation. Sincerely, Peter Ingram, President Friends of Edgewood Natural Preserve Copy: Craig Britton, General Manager, MROSD Bill Korbholz, Chairman, San Mateo County Parks & Recreation Foundation 01 (5 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: Craig Britton From: Lisa Infante Date: July 12,2007 Re: Yellow star thistle hairy weevil release On June 28 and 29, District staff released yellow star thistle hairy weevils at thirteen separate sites over six Open Space Preserves. Four of these sites were repeat releases from last year. There were nine new release sites. A total of approximately 6,500 weevils were released, the same amount as last year. The release site locations and weevil numbers are summarized in the table below. Date Preserve Location Rerelease? Number Monitoring Method Released 6/28/07 RSA High Meadow Yes 800 GPS, Percent Cover, Photo 6/28/07 RSA Rogue Valley Trail No 600 Photo 6/28/07 1 SJH Rifle Range No 200 GPS, Photo 6/28/07 SJH Summit Yes 1400 GPS, Percent Cover, Photo 6/28/07 FO To on Trail No 400 GPS, Photo 6/28/07 FO Water Tank No 400 GPS, Photo 6/29/07 FO Wedding Trail Yes 600 GPS, Photo 6/29/07 MB Lori's Pond Road No 600 Photo 6/29/07 MB Bella Vista Trailhead No 400 Photo 6/29/07 SR Ridge Trail Slope Yes 400 GPS, Percent Cover, Photo 6/29/07 RR Ridge Trail No 200 GPS, Photo 6/29/07 RR Hawk Ridge Trail No 200 GPS, Photo 6/29/07 RR Alder Spring Trail No 200 GPS, Photo This year's release was substantially different from last years' in that fewer weevils were released per site and the number of release sites was doubled. We made this change because yellow star thistle infestations are decidedly sparser and smaller than last year. Although empirical data are not available, it is apparently a"bad year" for yellow star thistle (from the 0-�-15 July 12, 2007 plant's perspective, that is). The unusually dry winter is probably the most important reason for the overall decline, although there are certainly other factors. Weevils undoubtedly played a role in many areas. Also, last year was a very "good year" for star thistle, meaning that the soil seed bank may have been exhausted to some extent. These generalizations aside, the sparser thistle populations can support fewer weevils, which have already saturated some infestations (see photo below, taken at Long Ridge this year. This was not a MROSD release location). The amount of weevils released was based on the size and density of the infestation and the presence of weevil damage from last year. q J .. AM low e District staff continue to monitor the weevil's effectiveness. At three 2006 release sites (SR Ridge Trail Slope, RSA High Meadow, and RSA Windmill Pasture) the star thistle populations have either crashed or noticeably declined. Data is currently being collected to determine the extent of the decline. At two 2006 release sites (FO Wedding Trail and SJH Summit Meadow) the star thistle populations appear to be unaffected. A summary report of the monitoring results will be prepared after the data has been collected and analyzed. 2 Interoffice Memorandum July 13, 2007 To: L. Craig Britton, General Manager From: Gordon Baillie, Management Analyst—Operations Subject: Monthly Field Activity Summary—June 2007 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Obstructing gate 2 2 Closed Area 2 2 Wood/plant collecting 0 1 Speed 5 6 Marijuana possession I I Helmet 12 23 Disabled parking I I Night Riding 0 0 Parking prohib.—state hwy I I Dogs Prohibited area 5 8 ACCIDENTS/INCIDENTS Off-leash 18 19 Bicycle accident 5 Off-road vehicles 0 0 Equestrian accident 0 Closed area 2 5 Hiking/Running accident 0 After hours 8 18 Other first aid 0 Fishing 0 0 Search & Rescue 0 Vandalism 0 0 Dog bite/nuisance dog I Parking 10 14 LZ air evacuation I Parking after hours 15 25 Fire 0 Dumping 0 0 Camping 0 1 ENFORCEMENT Weapons Parking citations 27 Actual contact 0 0 Other citations 60 Weapons report 0 0 Written warnings 47 Reckless driving 1 2 Arrests 0 Nuisance dog I I Police assistance 0 No permit/Group 0 0 Alcohol possession 2 2 MUTUAL AID Smoking 1 2 Accident 6 Fire I Law enforcement 0 LZ for offsite I Date: 2 AtThomewood, a fire ring was discovered and a fire had been built, bottles were arranged, and vegetation was cut. Approximately 40 feet of pathways were constructed. The ranger restored the area. 2 While patrolling through Lexington Reservoir County Park, a ranger was flagged down by a visitor regarding another visitor that had killed a bird with a rock. The District Ranger called for a Santa Clara County Ranger, who cited the suspect, through the private person's arrest process, for"hunting prohibited." Page 1 of 3 7 At Thornewood, i, - subjects were contacted for smoking.- ..Tijuana. One adult was issued a citation and released, one adult was released without citation, and the two juveniles were released to their parents' custody. 11 At El Sereno Preserve, a ranger visited a recently disputed property boundary and found recent evidence of excavating and bulldozing well over the property boundary. Photos were taken and forwarded to the Land Protection Specialist. 15 In the Mt. Umunhum area of Sierra Azul, a ranger discovered 5 minors in possession of alcohol. All 5 subjects admitted to consuming alcohol. Sheriff's deputies were called, and they transported two of the minors home, while another adult licensed driver transported the rest of the group. No citations were issued. 17 At Thornewood, a dog owner was issued a citation for nuisance dog and leash required. The dog bit the ranger on the hand during the initial contact, causing minor injuries. The owner was apologetic. 19 At the request of Santa Clara County Fire Department, rangers responded to a report of a bulldozer accident adjacent to Monte Bello. First report was that the person had been killed as a result of a dozer rollover, it was later determined that the person had a history of heart trouble, and had died as a result of a heart attack while operating the dozer. 23 On Page Mill Road, adjacent to Los Trancos, a discharged marine flare and marker flag were discovered after neighbors called in a report. District and City of Palo Alto rangers responded. The flare had landed within a few feet of flammable grasses. 25 Two rangers responded to a wildfire at the Stanford Dish, and helped with"mop up" responsibilities. The District's water tender also responded, and was maintained as a back up in the staging area. June vandalism 4 At Long Ridge, at the Achistaca Trailhead, a US postal sticker and tagging were found on the signboard. 12 At Bear Creek Redwoods, two doors and two windows had been broken in on some buildings. 13 Four broken split rails in the Jaques Ridge lot. 16 At El Corte de Madera, at gate CM08, the mountain lion warning sign was bent forward off the post, and the parking posts and signs had been cut and removed. 16 At the Cooley Landing section of Ravenswood, the engine room barge doors were found ripped from the hinges, and still hanging from the locked chain. Page 2 of 3 19 At the Vista Knoll l Acat Loop) area of Rancho San Antoi.. 1, graffiti was found on the signpost. 22 At Thornewood, graffiti was found on the DMC sign. 23 At Windy Hill, at the WH02 gate, the regulations sign was shot with a BB gun. 23 At the SA07 & SA08 gates of Sierra Azul, red spray paint graffiti was found on a sign and the guardrail. 23-24 At the Russian Ridge parking lot, graffiti was found on the restroom building, signboard, fire lane sign, parking lot, and parking bumpers. 28 At the Skyline Ridge handicapped parking lot, the mountain lion sign was bent on both sides. 28 In Sierra Azul,the Powder River gate was pushed in by a vehicle. 29 At Windy Hill, graffiti was found on the back of the regulations sign. 0:\Enforcement Activity Reports\2007 Monthly Summaries\June 2007-Monthly Enforcement Summary.doc Page 3 of 3 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: July 25, 2007 RE: FYI's Interoffice Memorandum July 13, 2007 To: L. Craig Britton, General Manager From: Gordon Baillie, Management Analyst—Operations Subject: Monthly Field Activity Summary—June 2007 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Obstructing gate 2 2 Closed Area 2 2 Wood/plant collecting 0 1 Speed 5 6 Marijuana possession 1 1 Helmet 12 23 Disabled parking 1 1 Night Riding 0 0 Parking prohib.—state hwy I I Dogs Prohibited area 5 8 ACCIDENTSANCIDENTS Off-leash 18 19 Bicycle accident 5 Off-road vehicles 0 0 Equestrian accident 0 Closed area 2 5 Hiking/Running accident 0 After hours 8 18 Other first aid 0 Fishing 0 0 Search&Rescue 0 Vandalism 0 0 Dog bite/nuisance dog I Parking 10 14 LZ air evacuation 1 Parking after hours 15 25 Fire 0 Dumping 0 0 Camping 0 1 ENFORCEMENT Weapons Parking citations 27 Actual contact 0 0 Other citations 60 Weapons report 0 0 Written warnings 47 Reckless driving 1 2 Arrests 0 Nuisance dog 1 1 Police assistance 0 No permit/Group 0 0 Alcohol possession 2 2 MUTUAL AID Smoking 1 2 Accident 6 Fire 1 Law enforcement 0 LZ for offsite I Date: 2 At Thornewood, a fire ring was discovered and a fire had been built, bottles were arranged, and vegetation was cut. Approximately 40 feet of pathways were constructed. The ranger restored the area. 2 While patrolling through Lexington Reservoir County Park, a ranger was flagged down by a visitor regarding another visitor that had killed a bird with a rock. The District Ranger called for a Santa Clara County Ranger, who cited the suspect, through the private person's arrest process, for"hunting prohibited." Page 1 of 3 ............ 7 At ThornewoOL ar subjects were contacted for smokii.` jarijuana. One adult was issued a citation and released, one adult was released without citation, and the two juveniles were released to their parents' custody. 11 At El Sereno Preserve, a ranger visited a recently disputed property boundary and found recent evidence of excavating and bulldozing well over the property boundary. Photos were taken and forwarded to the Land Protection Specialist. 15 In the Mt. Umunhum area of Sierra Azul, a ranger discovered 5 minors in possession of alcohol. All 5 subjects admitted to consuming alcohol. Sheriff's deputies were called, and they transported two of the minors home,while another adult licensed driver transported the rest of the group. No citations were issued. 17 At Thomewood, a dog owner was issued a citation for nuisance dog and leash required. The dog bit the ranger on the hand during the initial contact, causing minor injuries. The owner was apologetic. 19 At the request of Santa Clara County Fire Department, rangers responded to a report of a bulldozer accident adjacent to Monte Bello. First report was that the person had been killed as a result of a dozer rollover, it was later determined that the person had a history of heart trouble, and had died as a result of a heart attack while operating the dozer. 23 On Page Mill Road, adjacent to Los Trancos, a discharged marine flare and marker flag were discovered after neighbors called in a report. District and City of Palo Alto rangers responded. The flare had landed within a few feet of flammable grasses. 25 Two rangers responded to a wildfire at the Stanford Dish, and helped with "mop up" responsibilities. The District's water tender also responded, and was maintained as a back up in the staging area. June vandalism 4 At Long Ridge, at the Achistaca Trailhead, a US postal sticker and tagging were found on the signboard. 12 At Bear Creek Redwoods, two doors and two windows had been broken in on some buildings. 13 Four broken split rails in the Jaques Ridge lot. 16 At El Corte de Madera, at gate CM08, the mountain lion warning sign was bent forward off the post, and the parking posts and signs had been cut and removed. 16 At the Cooley Landing section of Ravenswood, the engine room barge doors were found ripped from the hinges, and still hanging from the locked chain. Page 2 of 3 19 At the Vista Knoll (W. At Loop) area of Rancho San Antonio, ffiti was found on the signpost. 22 At Thornewood, graffiti was found on the DMC sign. 23 At Wind Hill at the WH02 ate the regulations sign was shot with a BB gun. y � g g � 23 At the SA07 & SA08 gates of Sierra Azul,red spray paint graffiti was found on a sign and the guardrail. 23-24 At the Russian Ridge parking lot, graffiti was found on the restroom building, signboard, fire lane sign,parking lot, and parking bumpers. IIII 28 At the Skyline Ridge handicapped parking lot, the mountain lion sign was bent on both sides. 28 In Sierra Azul, the Powder River gate was pushed in by a vehicle. 29 At Windy Hill, graffiti was found on the back of the regulations sign. O:\Enforcement Activity Reports\2007 Monthly Summaries\Tune 2007-Monthly Enforcement Summary.doc Page 3 of 3 __ i A- SAN FRANCISCO ESTUARY INVASIVE SPARTINA PROJECT , 2560 9`h Street,Suite 216 • Berkeley• California 94710 • (510)548-2461 Preserving native wetlands MAXENE SPELLMAN PROJECT MANAGER 510.286.0332 July 6, 2007 msnellmanUscC.Ca.go, PEGGY OLOFSON Ms. Rose Nonan PROJECT DIREC70R -� r '� prolofson�sgartina.org Staff Services Analyst ��' � INGRID IIOGLE Regional Water Quality Control Board [t b-....`�...� MONITORING PROGRAM San Francisco Bay Region MANAGER ib�leinspartina.org 1515 Clay Street, Suite 1400 JUL O 9 2007 ERIKGRIIALVA Oakland, CA 94612 FIELD OPERATIONS PEVI IJJ.0 Li ik-&VV+L V P MANAGER • r-±i..^ ;—i r i- ekgrijalvadfspartina.org Subject: Water Quality Monitoring Report for 2006 SpartinaContrJ'Season Project funded by Dear Rose: State Coastal Conservancy The attached report contains the results of the Invasive Spartina Project's(ISP)2006 water CALFED Bay Delta quality monitoring for compliance with the Statewide General NPDES Permit for Application Program of Aquatic Herbicides.This report is submitted by the Spartina Project on behalf of the partners U.S.Fish and Wildlife who applied aquatic herbicide to non-native invasive Spartina as part of the regional Service eradication program. The 2006 ISP partners included: National Fish and Wildlife Foundation California Dept. of Parks&Recreation iWebsite: California Wildlife Foundation wwwspartina.or¢ ' ■ City of Alameda ■ City of Palo Alto ■ City of San Leandro ■ East Bay Regional Parks District ■ Friends of Corte Madera Creek Watershed ■ Mid-Peninsula Open Space District ■ U. S.Fish and Wildlife Service Each ISP partner submitted a Notice of Intent(NOI)to comply with the terms of the General Permit prior to the start of treatment last year,and each applied the herbicide in compliance with the terms of the permit and the requirements of the ISP's Aquatic Pesticide Application Plan (APAP, submitted annually to the State and Regional Water Boards)and CEQA mitigations. The General Permit requires a Water Quality Monitoring Plan(WQMP)to be developed that collects water samples and data on conventional water quality parameters from 10%of the application sites.The enclosed report presents sampling results from 12%(13)of the 106 sites treated in 2006. Imazapyr was applied at all treatment sites, and glyphosate was applied at only one site,therefore 12 of the water quality samplings were at imazapyr-treated sites, and one was at a glyphosate-treated site. Monitoring at each site included collection of samples prior to treatment, immediately after treatment,and one week after treatment, as specified by the General Permit. n, The San Francisco Estuary Invasive Spartina Project is a project o the State Coastal Conservancy, :. managed by Conservancy staff and independent contractors under their direction. Summary of Results Imazapyr levels immediately post-treatment varied widely across the application sites,yet even the maximum was two to three orders of magnitude below concentrations that would be toxic to aquatic life according to the published scientific literature.Within one week, levels at every site dropped by 98-100%;on this trajectory,imazapyr would be below detectable levels at all sites within several additional days. Glyphosate,the secondary herbicide that was used by ISP partners at only one site in 2006,was below detectable levels at all three sampling events,as was its principal metabolite AMPA.Conventional water quality parameters(temperature, dissolved oxygen(DO),pH,electrical conductivity, turbidity,and salinity)measured post-treatment did not vary significantly from their pre- treatment levels. We are currently preparing the APAP for this season,and our partners expect to begin Spartina control this month.All partners will submit individual NOIs to the Regional Water Board if any changes have occurred since the NOls filed in 2006.The ISP will implement water quality monitoring in compliance with the Statewide General Permit. Please contact me at 510-548-2461 if you have any questions regarding the attached report or our plans for the 2007 treatment season. Sincerely, Peggy Olofson Director cc no enc): Bill Hurley, Section Supervisor, SF Re Water i Control Board ( Y Pew � Quality cc(w/enc): Maxene Spellman, State Coastal Conservancy Cyndy Shafer,California Dept.of Parks&Recreation,Diablo Vista Dist. Stephen Dunn,California Wildlife Foundation Jim Barse,City of Alameda Greg Betts,City of Palo Alto Delmarie Snodgrass,City of San Leandro Peter Alexander,East Bay Regional Parks District Sandy Guldman,Friends of Corte Madera Creek Watershed David Yearsley,Friends of Petaluma River ✓Craig Britton,Mid-Peninsula Open Space District Joy Albertson,U.S.Fish and Wildlife Service Regional Open Spl. .,e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 25, 2007 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Dear Mr. Zatkin: Thank you for your letter of July 8, 2007 regarding use of barriers to help prevent mountain bicycle access to trails that are closed to that particular use. It is common practice for the District to install such barriers (also known as trail stiles) at intersections where roads or multiple-use trails intersect with hiking-only trails. Depending on site conditions, however, trail stiles are not always effective; for example, if they can easily be bypassed. Operations Department staff will evaluate the intersection at the southern end of the Eagle Trail as you suggested in order to determine the possible need for a stile in that location. It may be possible to make other site improvements, or to install signage, to help clarify that the trail is closed to bicycle use. Finally, as part of their routine patrol, field staff will be asked to identify other intersections that may benefit from stiles or other measures, and to make recommendations to the Area Superintendent. Sincerely, Kenneth C. Nitz President, Board of Directors KCN:MF/ct cc: Midpeninsula Regional Open Space District Board of Directors David Sanguinetti, Area Superintendent 33o Distel Circle 650-69i-izoo itifo@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-048S fax www.openspace.org Curt Riffle,Nonette Honko,Larry Hassett,Kenneth C.Nitz L.Craig Britton 7/8/20r 13 PM FROM: Fax TO: 6910485 PAGE: 001 001 I July 8, 2007 Board of Directors MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Members of the Board: Today I was hiking the Eagle Trail in the Windy Hill Open Space Preserve, and while ascending the last slope at the southern end where the trail intersects Alpine Road a group of eight mountain bikers came screaming off the road and onto the trail. The trail is posted no bikes. I told the cyclists that the trail was posted no bikes, and they responded "we are sorry", "we did not know", and "we will get off the trail", though one male told me the hikers had far too much dedicated trail, the inference being that as such riding on a posted no bike trail was justified. After this rude awakening from the zen of hiking in the woods it occurred to me that the lead bikes came pretty close to crashing into me. In order to prevent mountain bikes from crashing into hikers at locations where trails intersect pavement or gravel roads, and it is easy to access the trail on a bike, perhaps the District should erect the narrowing barriers that consist of stout vertical timbers in the trail tread and blocks of wood at chest height— I don't know the name of these barriers but one is located at the lower end of the Razorback Ridge Trail. I realize that mountain bike riders will go where they want, however the barriers I have in mind will make it somewhat difficult to access trails designated no bikes, and, of greatest potential impact, force bicyclist to slow down, if not stopand lift their bicycles over barriers. The result will be no more screaming Y g groups of mountain bike riders placing hikers riding off a road, onto a trail, and placing hikers in harms way. I recommend you direct staff to identify all locations in the District where paved and unpaved roads are intersected by trails. A decision can then be made as to the necessity of installing the aforementioned trail head barriers based on the amount of mountain bike traffic on the road and in the vicinity of road and trail intersections. I recommend you install the first such barrier at the southern end of the Eagle Trail as clearly there is a potential for hikers to be slammed by scofflaw mountain bike riders. Thank you for considering my idea. I,I Regional Open Sp. e -7- 15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 25, 2007 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Dear Ms. Bell: Thank you for your letter of June 26h regarding maintenance fees for Overlook Road, which is adjacent to the District's El Sereno Open Space Preserve. At the July 25, 2007 public meeting, the Board of Directors reviewed your letter to Board Member Pete Siemens (with copies to the other Directors). After discussion on this matter,the Board directed staff to follow-up and meet with the Association. The Area Superintendent for that area is Michael Newbum, and he will be the contact person for the District on this matter. I have forwarded him your contact information. Mr. Newburn will be calling you to shortly to arrange a meeting time. Should you need to contact him in the meantime, he may be reached at(650) 691-1200. The District appreciates the opportunity to interact with the neighborhood residents and contribute towards maintaining a safe roadway. Sincerely, Kenneth C. Nitz President, Board of Directors KCN:JM/ct cc: Midpeninsula Regional Open Space District Board of Directors Michael Newbum, Area Superintendent 33o Distel Circle 650-6g1-1200 info(Popenspace,org BOARD OF DIRECIORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax WWw,0Pen.sP3Ce.org Curt Riffle,Nonette Hanko,Lorry Hassett,Kenneth C.Nitz L.Craig Britton I June 26th, 2007 RE I U Pete Siemens JUL 05 2007 Midpeninsula Regional Open Space District 4IDPENINSULA REuIONAL OPE'.' 330 Distel Circle SPACE DISTRICT Los Altos, CA 94022 Dear Pete, As you are our representative on the Midpeninsula Board, I am addressing this letter about Overlook Road to you. As you know, El Sereno Open Space has access in two places from Overlook Road - from the gate at the top of Overlook, and from Sheldon Road, which runs off Overlook. Overlook Road is a private road and its maintenance costs are paid for by the resi- dents, according to an assessment of the number of drivers and the distance traveled on the road. The Overlook Road Maintenance Association bills all the parcel owners (including San Jose Water) and collects the assessment money to use for maintenance. A great many bicycle users travel up and down Overlook to both access points, and although there are no official parking spaces for Midpeninsula users on Overlook Road, many users do park their cars on the road to access the preserve, either on foot or by bicycle. We will be sending out bills to preoperty owners shortly, and would like to meet with MPROS to discuss the contribution you might make to the maintenance and safety of the road. (To give you an example of the types of assessment, the minimum payment is $140 per year for properties at the bottom of the hill, and a minimum $337.50 per year for a property at the top.) Please let me know when we might be able to get together to talk about this. Kind Regards Celia Bell c Mary Davey, J Cyr, Curt Riffle, Nonette Hanko, Larry Hassett. Kenneth Nitz i