Loading...
HomeMy Public PortalAbout19941012 - Agendas Packet - Board of Directors (BOD) - 94-27 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-27 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS AGENDA* i 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California October 12, 1994 (6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Board Meeting, and at the conclusion of the Regular Meeting, the Board will reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel - Anticipated Litigation - Government Code Section 54956.9(c) Initiation of Litigation - Picchetti Winery Lease 2. Public Employment - Government Code Section 54957 a. Public Employee Performance Evaluation - General Manager (7:30) ** ORAL COMMUNICATIONS -- Public i SPECIAL ORDER OF THE DAY 1. Oath of Office for Nonette Hanko, Ward 5 -- J. Fiddes 2. Adoption of Resolution Commending East Bay Regional Park District on Its 60th Anniversary and the Regional Park Foundation on Its 25th Anniversary C. Britton ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- G. Babbitt i *** APPROVAL OF MINUTES September 14, 1994 (Consent Item) October 1, 1994 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) 330 Distel Circle * Los Altos, California 94022-1 6 404 � Phone: 415-691-1200 � FAX: 415-691-04f35 Board of Directors:Pete Siemens,Robert M(Kibbin,Teena Nenshaw,Ginny Babbitt,Nonette Hanko, Betsy Crowder,Wirn de Wit Meeting 94-27 Page 2 BOARD BUSINESS (7:45) 1. Authorization to Purchase 535-Acre Portion of Jamison Property for $2,710,000 as Part of a Joint Project with Santa Clara County; Tentative Adoption of Preliminary Use and Management Plan, Including Naming the Property as an Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve; and Intention to Dedicate the Property as Public Open Space -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Sierra Azul Open Space Preserve - Lands of Jamison) Resolution Approving and Authorizing Execution of an Agreement with Santa Clara County (for Purchase of Real Property), Authorizing Officer to Execute Scenic and Open Space Easement, and Authorizing General manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Sierra Azul Open Space Preserve, Lands of Jamison) (7:55) 2. Final Adoption of Resource Management Goals and Policies to Protect or Restore Natural Resources and Historic Buildings and Sites on District Land R. Anderson (8:00) 3. Approval for Continuing to Hold Closed Sessions Prior to the Start of Regular Board Meetings -- J. Fiddes (8:05) 4. Mid-Year Program Evaluation for 1994-1995 Action Plan for the Implementation of the Basic Policy of the Midpeninsula. Regional Open Space District -- C. Britton 5. Authorization to Solicit Chain Link Fence Bids for St. Joseph's Hill Open Space Preserve and Authorization for General Manager to Accept Lowest Responsible Bid and Award Contract -- R. Anderson (8:35) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) CLOSED SESSION - Continued ADJOURNMENT *N07F. Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. Meeting 94-27 Page 3 ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at then 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 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion unless a Board member removes an item from the consent calendar for seaarate discussion. A member of the public mjU reauest under oral communications that an item be removed from the consent calendar. NOTICE OF PUBLIC MEETINGS The Use and Management Committee will meet on Wednesday, October 19, 1994 at 7:00 P.M. at the Community Center at Rengstorff Park in Mountain View for the purpose of discussing trail use issues on El Corte de Madera Open Space Preserve. There will be an on-site public workshop at Fremont Older Open Space Preserve on Saturday, October 22, beginning at 9:00 A.M. for the purpose of discussing trail use issues. it i i Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTIONNO, 94-34 RESOL UTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COMMENDING THE EAST BAYREGIONAL PARK DISTRICT ON ITS 60THANNIVERSARY AND THE REGIONAL PARK FOUNDATION ON ITS 25THANNIVERSARY WHEREAS, the East Bay Regional Park District was founded by the voters in 1934 to preserve the spectacular, greatly varied, and unique East Bay park and open space lands, and to provide parks and recreation services to its communities; and WHEREAS, the Regional Park Foundation was established in 1969 to enhance and support the projects and acquisitions of the East Bay Regional Park District; and WHEREAS, since 1934, the District has permanently preserved 77,000 of acres of irreplaceable open space and park lands, has provided nature and interpretive centers throughout the East Bay area, and has given the East Bay communities, and the entire Bay Area, countless parks and recreation activities and events; and WHEREAS, the District has established strong, cooperative and mutually beneficial relationships with the cities and other agencies within its jurisdiction, and with its sister agencies throughout California; and WHEREAS, the Regional Park Foundation is one of the most active, thriving, and successful parks foundations in California and is held nationwide as the prime example of a cooperative, effective foundation; and WHEREAS, the East Bay Regional Park District is this year celebrating its 60th Anniversary, and the Regional Park Foundation is celebrating its 25th anniversary. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby congratulate and commend the East Bay Regional Park District for its achievements, accomplishments and exceptional public service over the last 60 years, and further congratulates the Regional Park Foundation for its exemplary and outstanding work and extends its great wishes for continued success in the preservation of open space and the provision ofparks and recreation to the citizens of the Bay Area. Adopted by the Board of Directors October 12, 1994 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING USE AND MANAGEMENT COMMITTEE AGENDA 7:00 P.M. Betsy Crowder Wednesday, October 19, 1994 Wim de Wit Mountain View Community Center Nonette Hanko 201 S. Rengstorff Avenue, Mountain View (7:00) ROLL CALL AND INTRODUCTIONS ORAL COMMUNICATIONS - Public ADOPTION OF AGENDA COMMITTEE BUSINESS 1. Designation of Committee Chairperson I 2. Staff Presentation on Trail Use at El Corte de Madera Creek Open Space Preserve 3. Committee Comments 4. Public Comments (10:00) ADJOURNMENT f 330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 I Board of Oirectors:Pete Siemens,Robert M(Kibhin, 1(,ena Henslmw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i ' RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond BR UCE CAMP BEL L Draft Response Attached 777 San Antonio Rd #1 2 1 Staff to be Directed to Prepare Draft Palo Alto, CA 94303 Response for Board Consideration par Board Directive(s) ( 415) 856-2109 No Response Necessary i September 24, 1994 I Ginny Babbitt, President Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Ms . Babbitt: Thank you for responding to my letter of August 16 about mountain bike use of trails in Open Space preserves . While I appreciate receiving a response, I believe that your summary of my letter did not fairly represent the points I was trying to make . Your comments referred to a single visit I made to Purisima, while the letter made clear that the recent experience was only the latest in a series of encounters with cyclists riding illegally in that preserve . Also, your characterization of the cyclists as "discourteous" distorts my contention that their riding was both unsafe and illegal . i Further, m use of the figure 20`� which you found encouraging, was Y 9 . Y 9 9F I meant to counter the 111-3 problem cyclists"clists" I have heard from some P Open Space employees . In other words I believe that your comments I tended to minimize the problem, which I have experienced as not limited to one visit, one preserve, or a few cyclists . Let me state again my opposition to multiple use of single-track trails . The presence of cyclists riding recklessly on narrow trails changes the character of an outdoor experience for hikers . It is difficult to relax and enjoy the beauty of the preserves when a bicyclist may be wheeling down hill around the next bend. Yo rs trul , Bruce F. Campbell h I I f i I i i i i I i i i i Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 13, 1994 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION c Bruce Campbell 777 San Antonio Road, #121 Palo Alto, CA 94022 Dear Mr. Campbell: At our Regular Meeting last night, the District's Board of Directors considered-your September 24, 1994 letter about mountain bikes on open space trails. Thank you for taking the time to write us again. We did not intend to downplay your concerns. Your comments are important to us and will be taken into consideration during the District's use and management planning process for individual preserves. We believe that bicyclists who ride unsafely and illegally are being discourteous. Our rangers are issuing citations to bicyclists caught speeding and using closed trails. We understand your feelings about multiple uses on single-track trails. However, we want to make every effort to accommodate as many types of trail users as we can. -If we find that successful multiple-use trails are not possible, we will consider changing our trail use guidelines. Sincerely, Ginny Babbitt, President Board of Directors GB/CRB/cb cc: Board of Directors Open Space . . . for room to breathe 20th Anniversary • 1972.1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX:415-691-0485 Genera!Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Harry H. Ha e u s s 1 e r, J r. Staff to be Directed to Prepare Draft 1094 Highland Circle Response for Board Consideration per Los Altos, CA 94024 Board Directive(s) No Response Necessary September 26, 1994 Board of Directors MROSD 330 Distel Circle Los Altos, CA 94022 In the past I have not opposed bicycle riders on the open space trails, and I still do not oppose them. However, I have one problem with the bicycle riders that they do not seem to be able to overcome. This is the simple matter of warning people, hikers and equestrians , when they are approaching from the rear. The silent approach freightens both hikers and equestrians, and could cause some rather disturbing results . `Chere are three possible solutions : 1 . Require that bicycles be required to have noisemakers installed full time. This would drive the rider "up the wall" , and intrude on the quietness of the area. 2 . Require that all bicycles have bells installed and that riders use them when approaching others on the trail . 3. Bicycle groups educate all bicyclists on advising hikers and equestrians when they are approaching, at least fifty (50) fee away. Number 2 above seems the best solution, as no. 1 would be audibly intruding, and no. 3 does not seem to be having any effect. Therefore I propose that district trail rules be amended to include number 2 above. Harry `H. Haeussler, Jr. RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond 1! II D Harry H. Haeussler, Jr. raft Response Attached Staff to be Directed to Prepare Draft 1094 Highland Circle — Response for Board Consideration per Los Altos, CA 94024 Board Dire",—(s) No Response Necessary September 26, 1994 Board of Directors MROSD 330 Distlel Circle Los Altos, CA 94022 Recently when riding down Hams Gulch Trail on Windy Hill Open Space Preserve, I noted a young man jogging up the trail . I noted he was not paying myth attention to what was ahead of him, head down and just looking about four or five feet ahead on himself at the trail . I spoke to him to advise him of the horse and my presence, but he made no indication of hearing me. I therefor stopped my horse when about fifty feet in front of him and waited. He was wearing a "walkman" with earphones in both ears and I knew he would not hear me. When he got to about eight to ten feet from me he noted my presence and was startled, stopped, and said "You scared me" . Fortunately, this was in an area of good visibility, but on some trails with switchbacks and brush, this could have resulted in unfortunate circumstance . I am not objecting to use of "walkman" units . I would like to have their use limited to just one ear. This would allow wali(man users to be alerted to possibly dangerous situations with other trail users . I propose that this regulation of "walkman" units be included in future trail regulations. Harry H". Haeussler,Jr . Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 13, 1994 DRAFT RESPONSE Harry H. Haeussler, Jr. PREPARED BY STAFF 1094 Highland Circle FOR BOARD CONSIDERATION Los Altos, CA 94024 Dear Harry: Thank you for your September 26, 1994 letters regarding bicycle bells and the use of stereo headphones on trails. The District's Board of Directors considered your suggestions at our Regular Meeting last night. During the development of our Trail Use Guidelines, the District considered requiring bicyclists to install bells on their bikes. There were mixed feelings about this among Board members, staff, and the public. East Bay Regional Park District is the only local agency that requires bells on bicycles. We are monitoring the success of their program, and will keep your suggestion in mind for future consideration. We realize that wearing stereo headphones may impair hearing and can be potentially dangerous when worn while using trails. However, we know of no other organization that restricts trail users from wearing headphones. We would not restrict hearing impaired people from using District trails. Fortunately, the situation you described does not appear to be a recurring problem in open space preserves. Sincerely, Ginny Babbitt, President Board of Directors GB/CRB/cb cc: Board of Directors Open Space . . . for room to breathe - 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 - Phone:415-691-1200 - FAX: 415-691-0485 General Manager:Herbert Grench Hoard of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-102 Meeting 94-27 October 12, 1994 AGENDA ITEM Proposed Addition of Jamison Property to the Mt. Umunh area of Sierra Azul Open Space Preserve and Santa Clara County Almaden Quicks ver P' GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of the Jamison property. 2. Adopt the attached resolution authorizing execution of the agreement to purchase real property with Santa Clara County. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Jamison property an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space at this time. DESCRIPTION (see attached mapsl The District and County of Santa Clara have the opportunity to acquire 907 acres of land adjacent to Sierra Azul Open Space Preserve and Almaden Quicksilver County Park. The picturesque property is located on Jacques Ridge and is reached by Hicks Road, a scenic public road. This acquisition will provide a valuable wildlife corridor that connects over 10,000 acres of contiguous park and open space land and establish a vital link in the Bay Area Ridge Trail. The property is bounded by County parkland to the northwest, District open space lands to the west and southwest, and private properties to the east and southwest. Hicks Road passes through the property and divides it into two distinct geographical areas. The portion of the property northeast of Hicks Road is a natural extension of Almaden Quicksilver County Park, while the area southwest of the road relates closely to the Sierra Azul Open Space Preserve, which extends from Loma Prieta to Lexington Reservoir. The property is outstanding habitat for wildlife, including mountain lion, and supports unusual and diverse plant communities including oak woodland, bay forest, grassland, serpentine chaparral, and riparian forest. Much of the land is steep, impenetrable, and roadless. Jacques Ridge runs northwest-southeast through the center of the property, with 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert Mckibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit I R-94-102 Page 2 Los Capitancillos Creek to the east and Jacques Gulch Creek to the west. There is a well- developed riparian corridor in Jacques Gulch, thick with sycamore, alder, oak, bay, and willow. The top of Jacques Ridge is relatively level, covered with widely spaced old oaks interspersed with meadows. The oak woodland plant community continues beyond the property into Almaden Quicksilver County Park. Parts of the property are underlain with serpentine, a rare rock formation, and accompanying habitat in California often associated with rare plants and animals. The existing roads and trails on the property offer opportunities for both vehicular access and parking as well as significant regional trails connections. At the point where Hicks Road crosses over the top of Jacques Ridge, Loma Almaden Road begins the ascent to the summit of Mt. Umunhum. The area near the intersection may be ideal for providing public parking in the future. The fact that the property adjoins an open space preserve and park makes it ideal for trail connections between them. The major trail connection will become part of the regional San Francisco Bay Area Ridge Trail system. Plans for the Ridge Trail show it passing through the property, connecting the Coyote Creek Park Chain with the Sierra Azu1 Range. The acquisition is proposed as a joint project with Santa Clara County. Both the District and County have been successful in obtaining grants from the Habitat Conservation Fund, totalling $1,230,000. The District will obtain fee title to approximately 535 acres southwest of Hicks Road and the County will acquire the remaining acres northwest of Hicks Road. In addition, each agency will hold mutual easements over the lands of the other to assure that these lands will always remain as public park and open space. The following Use and Management Plan is proposed for the portion of property being held in fee ownership by the District. Santa Clara County will be responsible for planning and implementing uses for the portion of the property that is held in fee title by the County. USE AND MANAGEMENT PLAN Planning Considerations The property is rated in the District's Open Space Master Plan as having moderate to high composite open space values and is important in terms of habitat preservation, protection of scenic resources, and potential outdoor recreation. Historically, roads and trails have passed through this area and connected areas in the Sierra Azul range to the town of New Almaden, Almaden quicksilver mines, and Guadalupe Creek corridor. One of these roads, Woods Road, extends from Mt. El Sombroso to Jacques Ridge and can easily become part of the Bay Area Ridge Trail. The property is in an unincorporated area of Santa Clara County and zoned Hillside, requiring a 20-160 acre minimum lot size dependent upon slope density. County plans R-94-102 Page 3 identify a proposed trail corridor along Hicks Road, which is shown as a local road needing scenic protection. The proximity of Hicks Road offers the potential for creating a major staging area and trailhead on the property for access to the thousands of acres of surrounding public lands. There are a number of potentially level sites on the property, but the ultimate location for staging facilities will be dependent on further studies. A Comprehensive Use and Management Plan will be developed for the property in conjunction with planning activities scheduled for the adjoining lands at Sierra Azul Open Space Preserve. The plan will be prepared with full public participation, as stipulated in the District's Open Space Management Planning Process and also in guidelines for the Habitat Conservation Fund. The District will work with the Department of Fish and Game to develop a plan that insures enhancement and protection of deer and mountain lion habitat. The acquisition also includes a portion of Loma Almaden Road which connects from Hicks Road to Mt. Umunhum. When the District acquired the Almaden Air Force Base on the summit, the acquisition included easement rights to Loma Almaden Road. Although the District has an easement over the road, there has been an ongoing attempt to gain more control of the road by acquiring the adjacent properties. The Jamison property offers a key to controlling the road and increasing public access to the area. Preliminary Use and Management Plan Recommendations Dedication: Indicate your intention to dedicate the fee and easement title interests in this property as public open space in accordance with the Agreement with Santa Clara County. Name: Name the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Signs: Install private property and preserve boundary signs where appropriate; remove private property and no trespassing signs on the property, including along Loma Almaden Road. Barriers: Install a gate and fence at the entrance to Woods Road. Public Safe Review: There are no known hazards. The District will participate with the Safety P P County in conducting a preliminary toxic survey. TERMS As provided in the attached Agreement, the full purchase price for this property would be $6,650,000, payable in cash at close of escrow. The purchase price is considered to be fair market value based upon a current appraisal of the property. R-94-102 Page 4 As mentioned earlier in this report, this acquisition is a proposed joint project with Santa q� P Po J P J Clara County. The District and the County would share equally the purchase price of the property, for a net cost of$2,710,000 for each agency (one-half of the $6,650,000 price less the $1,230,000 in grant funds), plus out-of-pocket expenses for engineering, appraisal, and initial toxic studies, as well as the cost of title insurance and escrow closing fees, which could cost up to an additional $40,000. The County would pay its share of the purchase price into escrow, which is slated to close on December 16, 1994. The District would retain a park and recreation use easement over the land conveyed to the County, and the District would convey to the County a scenic and open space easement over the area of the property being conveyed to the District. The details of this aspect of the transaction are stipulated in the attached Agreement between the District and the County. Prepared by: Del Woods, Senior Open Space Planner L. Craig Britton, General Manager Contact person: L. Craig Britton, General Manager I 1363 ell �� � - ���� ���\ IjJ, y �7 tii �4,`i,"., t�Nty 4�,if('i �s h��i�� 1 Ptt,y 1�ril�✓rf�I � `. ��, �` � � �'"r��.. ,. .� ;1^ \ n- ��'`� 11 r I f�j� '1rr�, �.f��It � •ti.,�'�"'�, ��L+�; '��" ��:' �: r 15 •,�7 I �1�"tt �vy''a,,.,,,.6�•�.'V,. --' ��• C� �} f f.`1.. ,,.. rye• 1. 'S J 4�1'�«? ��{'�' �,`{'" 1* ' v� l�.•''f� � ��� � �` �,�1 j �'T - jALMADEN QUICKSILVER ..7 � _ _ — ( _i� - �'' k�" �. � �..r �t � •"���i},tv ���?K:,,a�, �W.4M' •t'1,, �....+..•vv,� � l •� - �� COUNTY PARK Q lop % Yrlp�!t f ,h$1a.t1 I, l... C` h j`jI .ai .Syr`" � \q,Y,,'� I'f 1�., t y '� 4kr' '� .'J. - ���t-��t t i�'��'•f;,� .�.�i-I J�' ��1.._.�',•'�L n I)1 r 1�1. •`� ' 1 � o• �^,{aEmMwv• �� •. "Y �`` ��4:..:,�.1."�1�E' �I!!I :� t w�ej'!"��°;� i�,,,,,,�„lr r.,,.�,,,�; ":.J�j � ��,. - `T�': NOW Alrr' '"n A �� / �0��'j(;y���:",!� ���- � ���� "�t7 r:air` I� `'t� •�I / ,�� ^��� oa 4 �"�> i � .. i a�f: t"i} R� I � IW -M,tia+ac,t.r+TP_i®ryi .w✓" } t y �.-•,"•r v WOODS t� ,� :� ",``'�.���r,r-•••'� til '; i i � � � -��. Q ` ROAD ' " !' ` '}'�w ' `4 ✓� r ' `� L�" 4 4 .PROPOSED ACQUISITION . y .JAMISON (907 Acres) LOMA ALMADEN - 3 -The/Crosse' MT. UMUNHUM AREA OF _ A/mutt" Resgrvoilr "� - 1630 SIERRA AZUL OPEN SPACE PRESERVE - PROPOSED ADDITION OF JAMISON PROPERTY TO THE MT UMUN•�,.HUM AAREA OF SIERRA AZUL OPEN SPACE PRESERVE AND �? SANTA CLARA COUNTY ALMADEN QUICKSILVER PARK ~' ® Addition to Mt. Umunhum Area Approximately 535 Acres Addition to Almaden Quicksilver County Park Approximately 372 Acres Scale:l" 2000' North Oct 1994 RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF JAMISON) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Purchase Real Property between Joan Lee Jamison, Trustee and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. rf The General Manager f D'Go the District shall cause to be given Section Three. appropriate notice ce ofseller. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. Section Four. The General Manager of the District is authorized to expend up to $20,000 to cover the cost of title insurance, escrow fees, toxic studies, and other miscellaneous costs related to this transaction. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH SANTA CLARA COUNTY (FOR PURCHASE OF REAL PROPERTY), AUTHORIZING OFFICER TO EXECUTE SCENIC AND OPEN SPACE EASEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE, LANDS OF JAMISON) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and authorize execution of the "Agreement" for the purchase of real property by and between the Midpeninsula Regional Open Space District and the County of Santa Clara, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute said Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute the Scenic and Open Space Easement in favor of the County of Santa Clara as provided in said Agreement. Section Three. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance for the Grant of the Park and Recreation Use Easement from the County of Santa Clara as provided in said Agreement. Section Four. The General Manager of the District shall cause to be given appropriate notice of ac acceptance to County. The General Manager further is authorized to �P tY g execute any and all other documents necessary or appropriate to the transaction. Resolution Page 2 Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$6,650,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. AGREEMENT This is an Agreement between the COUNTY OF SANTA CLARA (COUNTY) and the NMPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) for the acquisition of property adjacent to COUNTY'S Almaden Quicksilver Park and DISTRICT's Sierra Azul Open Space Preserve. RECITALS 1. The purpose of this Agreement is to provide funding for the purchase of the private Jacques Ridge property (Subject Property), as shown on the attached Exhibit A, for parks and open space purposes. 2. A portion of the Subject Property adjoins lands owned by COUNTY and DISTRICT and is available for purchase at fair market value. 3. A portion of the Subject Property is shown in the Regional Parks, Trails and Scenic Highways Element of the General Plan of Santa Clara County as potential park land. 4. A portion of the Subject Property adjoins DISTRICT's Sierra Azul Open Space Preserve on Hicks Road and is highly desirable for open space purposes. 5. COUNTY and DISTRICT both have obtained state grants to assist with the acquisition cost of the Subject Property which shall be contributed to the purchase price by the parties. THEREFORE, IT IS AGREED AS FOLLOWS: 1. PROPERTY COUNTY and DISTRICT agree to join in the purchase of the Subject Property (APN 583-24-003 & -005; 583-54-001; and 583-55-002) in accordance with the terms and conditions of the attached Agreement to Purchase Real Property (Exhibit B) to provide park, recreation, scenic and open space lands along Hicks Road adjacent to the COUNTY's Almaden Quicksilver Park and DISTRICT's Sierra Azul n Space Pace Preserve. 2. ACQUISITION FUNDING COUNTY and DISTRICT shall each contribute one half of the cost of acquiring the Subject Property as provided in said Agreement to Purchase Real Property (Exhibit B). COUNTY will provide DISTRICT with COUNTY's share of the Subject Property's purchase price prior to the close of escrow scheduled for December 16, 1994. COUNTY will provide DISTRICT with COUNTY's share of out-of-pocket closing costs within 30 days of receipt of DISTRICT's itemized billing, the total of which shall not exceed $40,000 (including title insurance, escrow fees and any professional reports or studies). COUNTY and DISTRICT shall diligently pursue reimbursement of their respective grant funds ($230,000 for COUNTY and $1,000,000 for DISTRICT), including advance deposit into escrow, if possible, and shall pay to the other party within fifteen (15) days of receipt one-half of the net grant funds so received, together with a copy of the remittance advice. 3. ACQUISITION RESPONSIBILITY DISTRICT shall be responsible for all acquisition activities for the purchase of the Subject Property. Both COUNTY Parks and DISTRICT staff with special expertise shall be available at all times to support the acquisition. Staff time and overhead costs of both COUNTY and DISTRICT shall be provided at no cost to the other party. 4. TITLE Fee title to the Subject Property shall be divided along the centerline of Hicks Road as shown on said Exhibit A, subject to acquisition of the Subject Property in accordance with said Agreement to Purchase Real Property (Exhibit B). Title shall be subject to existing easements, acceptable encumbrances and other clouds on title as shown on the policies of title insurance. DISTRICT and COUNTY shall each receive a Policy of Title insurance on the respective area of the Subject Property being acquired and shall provide the other party with a copy of any title insurance policy and escrow closing statement for the Subject Property area being acquired. At close of escrow for the Subject Property, DISTRICT shall convey to COUNTY a recorded Scenic and Open Space Use Easement, in the form attached as Exhibit C, over the area of the Subject Property being acquired by District. At close of escrow for the Subject Property, COUNTY shall convey to DISTRICT a recorded Park and Recreation Use Easement, in the form attached as Exhibit D, over the area of the Subject Property being acquired by COUNTY. 5. DEDICATION The interest and/or rights in the Subject Property acquired by COUNTY under this Agreement shall be deemed dedicated as public park land. Such property may be abandoned or disposed of only according to Article 2, Chapter 9, Part 2, Division 3, Title 4 (starting at Sec. 38440) of the Gove rnment Code. DISTRICT shall dedicate its interests and/or rights in the Subject Property according Pub din to Section 5540 of the California Pub lic Resources Code, 6. HOLD HARMLESS COUNTY shall defend, hold harmless and indemnify DISTRICT, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise from the provisions of this Agreement and which result from negligent acts and/or omissions of COUNTY, its officers, agents and/or employees. DISTRICT shall defend, hold harmless and indemnify COUNTY, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise from the provisions of this Agreement and which result from negligent acts and/or omissions of DISTRICT, its officers, agents and/or employees. In the event of concurrent negligence of COUNTY, its officers, agents and/or employees and of DISTRICT, its officers, agents and/or employees, liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" currently in effect or as modified. This Agreement shall take effect on the latest date shown below: COUNTY OF SANTA CLARA MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Rod Diridon, Chairperson Ginny Babbitt, President Board of Supervisors Board of Directors Date: Date: Attest: Attest: Donald M. Rains, Clerk Jean Fiddes, District Clerk Board of Supervisors Form and legality approved: Form and legality approved: Kathryn A. Berry Susan Schectman, District Counsel Deputy County Counsel O- %� II li� I I I it 14 ALMADEN QUICKSILVER lii COUNTY PARK GQNr r :'t� t ` \ .�1 �� I '+»s„ I i'� I I , ��'e1*° �� I•'�..��a Jlj';',;`j G \ �����." ��� i `'"~f.. � �\'.V\p� I, 'y � I 'I I \ ,,, ..���,^"t 1 ,.r ..r'��'f""r'1�� �'�.,� ••ti _ �., " , ,rd ,. e r 1, � ��(;•..�'� �:� i ��, ;�x �✓� �,1 �°•�A �'�11'9,..,. �y '�� a' � tl '�", M.., "j�r 1y-••�. � ,,I`,"�„��ti,�'y � �� '. :. 1r�. .'i �� /� ��` � ,1, I I 'I�nt�.^"tiil' ��� �sF •`�":rr N'.:" � ��� , 7�',•.1.1,j'' � .11 f��y -_, .. C, ,rl�rp,B1,111. :'.+� +•<.;a. � \\ i�1 ,�di tiro rsj �� ,� � I �t�.tA"f!9�4" 1 r.l .'h; " "'�'j^,+, G}• �� _� f I_ a [V�(! �3•�;� -��'�' \ i, `'��� - '�_��r. ..i„I ;°11!If `..+-. ...II` �Nur ��I (I ..",, '� "" ,.� I ,..�,�L -" __ Qi� '�� �a;iH, 'p �_ " f1�aaMi�11 ',, � .'`'�, "+•,,. ��..�' � "Ili �I, Ir��1, "1' � '1'� ,� 'l� ' - f. I �< � i•n� .��,"���' `y''*` �� i• ;��,-��r ��1'Uii�'ttI 1� '�'�Lv,,,� E v WOODSIZN \ �•.! 1 .. f�l '1'�0.,,���l 7h'rl I I' 'ti�'�y�.., I jM 1:��.:1�. +J I�� t•. F ROPOSED ACQUISITION 1 to U ION S 'I' t Ed LOMA ALMA ISON (907 Acres) ROAD[ C t ? Y '� mom•a�1Cr "y. �('i" � �� r � �;�<..,x':.:. !y `•� �� I l r 1'}j � , �,�.. �,.c'j-e _.. , %�, - �\ `y III rw ' A, 606 Y r �'- MT. UMUNHUM AREA OF I Almaden Reset'voir 1630 I,: SIERRA AZUL OPEN SPACE PRESERVE PROPOSED ADDITION OF JAMISON PROPERTY TO THE MT. UMUNHUM AREA OF SIERRA AZUL OPEN SPACE PRESERVE AND •°� > p'� y=:='1 ` _, � ." �, SANTA CLARA COUNTY ALMADEN QUICKSILVER PARK ® Addition to Mt. Umunhum Area Approximately 535 Acres Addition to Almaden Quicksilver County Park = . Approximately 372 Acres 1 T w Scale:l" .= 2000' North Oct 1994 AGREEMENT TO PURCHASE REAL PROPERTY This Agreement is made and entered into by and between JOAN LEE JAMISON, Trustee, under the Robert Gerald Jamison and Joan Lee Jamison Family Trust, dated December 19, 1985, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincor- porated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, eminent domain, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, in conjunction with the County of Santa Clara ("County") , District intends to acquire said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately Nine Hundred Seven and Eleven one-hundredths (907.11) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Nos: 583-24-003 and -005, 583-54-001, and 583-55-002; said property being further described in the legal description attached to Preliminary Title Report Numbers 000742440 and 000742467, dated August 8, 1994, from an Chicago Title Company; said A '�n and '"B title reports are attached hereto as Exhibits " respectively, and incorporated P herein Y� b this P y reference. Said property to be conveyed together with any easements, rights of way, or rights of use which ch may be appurtenant or attributable butable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2 . Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Six Million Six Hundred Fifty Thousand and No/100 Dollars ($6, 650, 000. 00) , which shall be paid i in cash at the Closing (as defined in Section 3 hereof) . EXHBIT"B" -PURCHASE AGREEMENT Consisting of Thirty-One(31)Pages: Body of Agreement - 13 Pages Exhibit A to Agreement- 8 Pages Exhibit B to Agreement- 10 Pages When recorded return to County of Santa Clara Parks & Recreation Department 298 Garden Hill Drive Los Gatos, CA 95030 Park: Almaden Quicksilver SCENIC AND OPEN SPACE EASEMENT Project: Jacques Ridge/MROSD APN: 583-24-W3 (Portion) 583-24-005 (Portion) 583-54-001 583-55-002 (Portion) Recitals A. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICTT) and the COUNTY OF SANTA CLARA, acting through its Parks and Recreation Department, (COUNTY) have entered into an agreement (Agreement) dated , 1994 to provide for the joint acquisition of property commonly known as Jacques Ridge (Property) described in the attached Exhibit I. B. Both DISTRICT and COUNTY wish to keep the Property part of the parks, recreation, ecological and aesthetic resources of the midpeninsula area. 'I11EREFORE, DISTRICT grants to COUNTY an easement upon, on, over, under and across the Property for public parks and recreation purposes as follows: 1. DISTRICT MANAGEMENT AND REVIEW DISTRICT shall manage and maintain the Property for open space, wilderness, agricultural, watershed scenic low intensity recreation r� o similar u ty purposes (Permitted Us es) according to the DISTRICT s Basic Policy ado pted ted b DISTRICT s Board of . g Y P Y Directors March 27, 1974, as follows: "The DISTRICT will follow a land management policy that provides proper care of open space land, [encouraging] public access appropriate to the nature of the land and consistent with ecological values.* EXHIBIT'C- -SCENIC EASEMENT Consisting of Svc(6) Pages: Body of Easement- 4 Pages Legal Description-2 Pages Scenic and Open Space Easement Page 2 COUNTY shall have the right of design review and comment privileges with respect to all open space and low intensity recreation development projects proposed for the Property prior to final approval by DISTRICT. COUNTY shall also have review and comment privileges on all environmental documents prior to acceptance and/or approval by DISTRICT. DISTRICT, for the purpose of this Easement, shall consider but shall be free to accept or reject the recommendations or suggestions of COUNTY as to how DISTRICT should plan, design and develop open space and low intensity recreation facilities. However, nothing herein shall limit the rights of any governmental agencies having jurisdiction over_the Property as provided by law, ordinance or other source. 2. PERMITTED USES The permitted open space and low intensity recreation uses allowed under this Easement include, but are not limited, to the following: a. Pedestrian, equestrian riding and mountain bicycle trails b. Casual public picnicking C. Public sanitary facilities d. Nature study and environmental education e. Photography f. Public drinking water facilities g. Sanitary facilities h. Kite flying i. Scenery painting j. Wildlife observation k. Compatible agricultural uses 1. Meditating M. Public parking areas n. Primitive campsites (backpack camping) o. Other uses DISTRICT determines to be low intensity recreation uses DISTRICT shall plan, design and develop such facilities that are reasonably necessary for public use and enjoyment of the Property for open space and low intensity recreation uses. 3. PROHIBITED USES DISTRICT shall enact and enforce ordinances or policies that will prohibit any use or development of the Property which would significantly change or compromise scenic or natural values, except for Permitted Uses. Such prohibited uses include, but are not limited to the following: a. Construction or maintenance on the Property of advertising signs of any kind, except for identification of the Property for Permitted Uses. Scenic and Open Space Easement Page 3 b. Commercial extraction of minerals or natural resources from the Property. C. Construction of residential, commercial or industrial buildings, including but not limited to a hotel, inn, condominium or rental apartment project except for the limited residential facilities necessary for DISTRICT staffs maintenance and patrol of the Property. d. Operation of any motor bike, trail bike, go-cart or other motor vehicles other than those used by DISTRICT for use, development, patrol or maintenance of the Property. DISTRICT may allow use of motor vehicles by the public to reach the recreational facilities according to the conditions of this easement. e. Dumping or placing trash, waste or garbage except in receptacles maintained by DISTRICT. f. Use of firearms, airguns or dangerous weapons by the public. g. Hunting or exploitation of natural wildlife except when required for public health and safety. h. Commercial cutting of standing timber except for public safety or consistent with public low intensity recreation purposes. i. Planting vegetation on the Property except for DISTRICT approved soil management, erosion control, reforestation and planting of native California vegetation and normal landscaping and screening of open space and low intensity recreation areas and public facilities consistent with the intent of the Easement. j. Excavation or other topographic changes except for specific scenic and open space uses consistent with this Easement. k. Use of the Property in such a way that it alters the natural landscape character of the Property except as specified under Permitted Uses in this Easement. 1. Any use other than low intensity recreation, scenic or open space uses as provided in this Easement. M. Development of the Property for any amusement or theme park development, golf course, or any use that would require more than one percent (1%) of the total land area to be paved or developed with impervious surface (roads, parking lots, roofs, tennis courts, swimming pools or similar development) except for existing impervious surfaces. n. Use of fireworks and pyrotechnics. 4. CONDEMNATION If the Property is sought to be acquired by another public or quasi-public agency for another public use, Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code shall apply and be asserted by both COUNTY and DISTRICT. 5. BINDING ON SUCCESSORS This Easement with all its conditions shall bind and inure to all successors and assigns of DISTRICT and COUNTY. Scenic and Open Space Easement Page 4 6. AMENDMENT AND TERNIINATION This Easement may be amended or terminated only in a written, recorded documentation, executed by COUNTY and DISTRICT or their successors in interest. 7. NO WAIVER COUNTY's failure to enforce any provision of this Easement shall not be considered a waiver of its right to enforce it later, nor of its right to enforce any other provision. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Ginny Babbitt, President Board of Directors Attest: District Clerk State of California ss. County of Santa Clara On _, 1994, before me, a Notary Public in and for said State, personally appeared Ginny Babbitt, known to me to be the President of the Board of Directors of the Midpeninsula Regional Open Space District, and the person whose name is subscribed to this instrument and acknowledged to me that she executed the same on behalf of the District. Notary Public Scenic and Open Space Easement Page 5 Park: Almaden Quicksilver SCENIC AND OPEN SPACE EASEMENT Project: Jacques Ridge/MROSD EXHIBIT I - LEGAL DESCRIPTION APN: 583-24-003 (Portion) 583-24-005 (Portion) 583-54-001 Page One of Two 583-55-002 (Portion) Parcel One Parcel 2, as shown upon that certain Parcel Map filed for record April 21, 1992 in the Office j of the Recorder, in the County of Santa Clara, State of California in Book 636 of Maps, at Pages 5, 6 and 7. j Parcel Two Beginning at an oak tree 15" in diameter marked C.C. being one of the stations in the Southwesterly line of the Capitancillos Rancho, and from which oak tree, a sycamore tree marked C.C. 4 standing at the upper fork of the Arroyo Seco de Los Capitancillos, being one of the stations in the Southwesterly line of said Capitancillos Rancho bears N. 83 deg. 30' W. 18.54 chs. distant running thence along said Southwesterly line of the Capitancillos Rancho with the following courses and distances: S. 48 deg. E. 90.50 chs., S. 31 deg. 15' E. 15.41 chs., S. 50 deg. E., 4.10 chs., S. 64 deg. E. 3.88 chs., S. 35 deg. 30' E. 2.27 chs., S. 32 deg. E. 3.71 chs., and S. 19 deg. E. 7.05 chs. to the most Northerly corner of that certain 101.64 acre tract of land described in the Deed from the City of San Jose to William Philbon, dated October 7, 1871 and recorded October 10, 1871 in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 10 of Deeds, page 377; thence leaving the Southwesterly line of the Capitancillos Rancho and running along the Westerly line of said 101.64 acre tract of land, S. 29 deg. W. 42.00 chs and S. 18 deg. W. 1.50 chs. to the most Westerly corner of said 101.64 acre tract of land in the Southwesterly line of Pueblo Tract No. 2, San Jose city Lands; thence running N. 58 deg. 24' W., and along the Southwesterly line of said Pueblo Tract No. 2, 148.70 chs. to the most Southerly corner of that certain 160 acre tract of land conveyed by the City of San Jose, to Frederick Crighton by Deed dated September 4, 1873 and recorded September 8, 1873 in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 10 of Deeds, Page 500; thence leaving the line of said Pueblo Tract No. 2 and running N. 47 deg. 15' E. and along the Southeasterly line of said 160 acre tract of land, 27 chs., to a live oak tree marked M. and being the Southwesterly corner of that certain 48.78 acre tract of land conveyed by the City of San Jose, to Francisco Mendebles by Deed dated October 8, 1867 and recorded October 9, 1867 in the Office of the County Recorder of the Scenic and Open Space Easement Page 6 Park: Almaden Quicksilver SCENIC AND OPEN SPACE EASEMENT Project: Jacques Ridge/MROSD EXHIBIT I - LEGAL DESCRIPTION APN: 583-24-003 (Portion) 583-24-005 (Portion) 583-54-001 Page Two of Two 583-55-002 (Portion) County of Santa Clara, State of California in Book "W" of Deeds, Page 438; thence running S. 53 deg. E. and along the Southwesterly line of said 48.78 acre tract of land, 6.50 chs. to the Southernmost comer of said 48.78 acre tract of land; thence along the Easterly line of said 48.78 acre tract of land with the following courses and distances: N. 44 deg. 10' E. 8.45 chs., N. 35 deg. E. 17.50 chs., N. 33 deg. E. 5.50 chs., N. 24 deg. 30' E. 3.07 chs., N. 24 deg. 15' E. 10.90 chs. to the Northeasterly comer of said 48.78 acre tract of land and in the Southwesterly line of the Capitancillos Rancho; thence running along the Southwesterly line of the Capitancillos Rancho, S. 83 deg. 30' E. 5.97 chs. to the place of beginning, and being a portion of Pueblo Tract No. 2, San Jose City Lands. Excepting therefrom that portion thereof as conveyed to Pacific Gas and Electric Company, a California Corporation, by Deed recorded January 14, 1969 in Book 8400 Page 654, Official Records and being more particularly described as follows: A strip of land of the uniform width of 120 feet extending entirely across the parcel of land described and designated Parcel No. 1 in the Deed from Alice A. Lee to Joan Lee Sharp dated September 23, 1964 and recorded in the Office of the County Recorder of said County of Santa Clara in Book 6676 of Official Records at Page 519 and lying equally on each side of the line which begins at a point in the Northwesterly boundary line of said parcel of land designated Parcel No. 1 and runs thence South 77 deg. 50 1/2' East 2625 feet; more or less, to a point herein for convenience called Point "A" thence North 87 deg. 01 1/2' East 5000 feet, more or less, to a point in the Northeasterly boundary line of said Parcel of Land designated Parcel No. 1; said Point "A" bears South 65 deg. I I' East 8506.6 feet distant from the 2 1/2 inch brass cap (marked Lindeman, Lean, Feckham, El Encino P.S.J. #11) marking the Southeasterly terminus of a course in the Westerly boundary line of the 121 acre parcel of land described in the Deed from Herbert E. lanes and Wife to Francis H. Tucker and Wife dated March 1, 1940 and recorded in the Office of the said County Recorder in Book 977 of Official Records at Page 55, which course, according to the description contained in said Deed dated March 1, 1940 has a bearing of S. 10 deg. 45' E. and a length of 665 feet, and being a portion of the Pueblo Lands of San Jose. Excepting from Parcels One and Two above, all that portion lying northerly and easterly of the center line Hicks Road, a public road and highway. When recorded, return to Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: C. Britton Preserve: Sierra Azul PARK AND RECREATION USE EASEMENT Project: Jacques Ridge/Santa Clara County APN: 583-24-003 (Portion) 583-24-005 (Portion) 583-55-M (Portion) Recitals A. The COUNTY OF SANTA CLARA, acting through its Parks and Recreation Department, (COUNTY) and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) have entered into an agreement (Agreement) dated_, 1994 to provide for the joint acquisition of property commonly known as Jacques Ridge (Property) a portion of which is described in the attached Exhibit I. B. Both COUNTY and DISTRICT wish to keep the Property part of the parks, recreation, ecological and aesthetic resources of the midpeninsula area. THEREFORE, COUNTY grants to DISTRICT an easement upon, on, over, under and across the Property for public parks and recreation purposes as follows: I COUNTY MANAGEMENT AND REVIEW COUNTY shall manage and maintain the Property and provide rules and regulations for its use according to acceptable practices of parks and recreation departments of the State of California. DISTRICT shall have the right of design review and comment privileges with respect to all park and recreation development projects proposed for the Property prior to final approval by COUNTY. DISTRICT shall also have review and comment privileges on all environmental documents prior to acceptance and/or approval by COUNTY. E)aiEBrr"D" -PARK EASEMENT Consisting of Six(6) Pages: Body of Easement- 4 Pages Legal Description-2 Pages Park and Recreation Use Easement Page 2 COUNTY, for the purpose of this Easement, shall consider but shall be free to accept or reject the recommendations or suggestions of DISTRICT as to how COUNTY should plan, design and develop park and recreation facilities. However, nothing herein shall limit the rights of any governmental agencies having jurisdiction over the Property as provided by law, ordinance or other source. 2. PERMITTED USES COUNTY shall have the right to maintain, make, use, construct, install, and restore any improvements necessary, useful or incidental to public enjoyment of parks, recreation, open space, wildlife preservation, scenic, scientific or educational purposes. Improvements may include, but are not limited to, parks, campgrounds, camp sites, picnic areas, bicycle trails, bridle paths, scenic lookouts, tennis courts, swimming pools and necessary incidental facilities, historical or memorial monuments, roads, utilities, fences, cabins, shelters, water supply and distribution facilities, museums and exhibit buildings. These permitted uses are limited by the provisions in Section 4 below. 3. PROHIBITED USES The restrictions and prohibitions that apply to the use of the Property by COUNTY are as follows: a. COUNTY shall not place, construct, or allow to be placed or constructed any buildings, structures or new improvements inconsistent with the intent of this Easement. b. No advertising signs of any kind shall be located on the Property except to identify the Property for parks and recreation uses by the public. C. COUNTY shall not plant vegetation on the Property except for approved soil management, erosion control, reforestation and planting of native California vegetation and normal landscaping and screening of park and recreation areas and public facilities consistent with the intent of this easement. d. COUNTY shall maintain the topography and natural vegetation in its present condition. Excavation or other changes shall be consistent with the intent of this easement. e. The Property shall not be used in such a way that it alters the natural landscape character of the Property except as specified in this easement. f. COUNTY shall keep Property free of trash, waste or other unsightly or offensive materials. 9. COUNTY shall not, nor allow, burning or cutting of trees or plans, dead or alive, spraying with biocides or disturbing or changing the natural habitat in any way, except as part of an approved park and recreation development plan to control poison oak and/or exotic plant species. h. COUNTY shall not allow any public use except parks, recreation, scenic or open space uses on the Property. i. COUNTY shall not allow the operation of any motor bike, trail bike, go-cart I Park and Recreation Use Easement Page 3 or other motor vehicles other than those used by COUNTY for use, development, patrol or maintenance of the Property. COUNTY may allow use of motor vehicles by the public to reach the recreational facilities according to the conditions of this easement. j. Recreation development of the Property shall not include any amusement or theme park development, golf course, nor any use that would require more than 1% of the total land area to be paved or developed with impervious surface (roads, parking lots, roofs, tennis courts, swimming pools or similar development), except for existing impervious surfaces. k. No minerals or native resources shall be extracted from the Property except to mitigate toxic effects of mercury or similar materials. 1. There shall be no construction of residential, commercial or industrial buildings, including but not limited to a hotel, inn, condominium or rental apartment project except for the following: 1. residential facility necessary for COUNTY staff-s maintenance and patrol of the Property, and 2. restaurant and/or clubhouse facilities constructed according to an approved park and recreation plan as provided in this Agreement. 4. CONDEMNATION If the Property is sought to be acquired by another public or quasi-public agency for another public use, Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resource Code shall apply and be asserted by both DISTRICT and COUNTY. 5. BINDING ON SUCCESSORS This Easement with all its conditions shall bind and inure to all successors and assigns of DISTRICT and COUNTY. 6. AMENDMENT AND TERMINATION This Easement may be amended or terminated only by a written, recorded document executed by DISTRICT and COUNTY or their successors in interest. 7. NO WAIVER DISTRICT's failure to enforce any provision of this Easement shall not be considered a waiver of its right to enforce it later, nor of its right to enforce any other provision. !/I � !Ii Park and Recreation Use Easement Page 4 COUNTY OF SANTA CLARA Date: Rod Diridon, Chairperson Board of Supervisors i i Attest: Phyllis Berez, Clerk Board of Supervisors State of California ) ss. County of Santa Clara ) On , 1994, before me, a Notary Public in and for said State, personally appeared Rod Diridon, known to me to be the Chairperson of the Santa Clara County Board of Supervisors, known to me to be the person who executed this instrument on behalf of Santa Clara County and acknowledged to me that Santa Clara County authorized execution of this instrument. i Notary Public Park and Recreation Use Easement Page 5 Preserve: Sierra Azul PARK AND RECREATION USE EASEMENT Project: Jacques Ridge/Santa EXHIBIT I - LEGAL DESCRIPTION Clara County APN: 583-24-003 (portion) 583-24-005 (portion) Page One of Two 583-55-002 (portion) Parcel One Parcel 2, as shown upon that certain Parcel Map filed for record April 21, 1992 in the Office of the Recorder, in the County of Santa Clara, State of California in Book 636 of Maps, at Pages 5, 6 and 7. Parcel Two Beginning at an oak tree 15" in diameter marked C.C. being one of the stations in the Southwesterly line of the Capitancillos Rancho, and from which oak tree, a sycamore tree marked C.C. 4 standing at the upper fork of the Arroyo Seco de Los Capitancillos, being one of the stations in the Southwesterly line of said Capitancillos Rancho bears N. 83 deg. 30' W. 18.54 chs. distant running thence along said Southwesterly line of the Capitancillos Rancho with the following courses and distances: S. 48 deg. E. 90.50 chs., S. 31 deg. 15' E. 15.41 chs., S. 50 deg. E., 4.10 chs., S. 64 deg. E. 3.88 chs., S. 35 deg. 30' E. 2.27 chs., S. 32 deg. E. 3.71 chs., and S. 19 deg. E. 7.05 chs. to the most Northerly corner of that certain 101.64 acre tract of land described in the Deed from the City of San Jose to William Philbon, dated October 7, 1871 and recorded October 10, 1871 in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 10 of Deeds, page 377; thence leaving the Southwesterly line of the Capitancillos Rancho and running along the Westerly line of said 101.64 acre tract of land, S. 29 deg. W. 42.00 chs and S. 18 deg. W. 1.50 chs. to the most Westerly corner of said 101.64 acre tract of land in the Southwesterly line of Pueblo Tract No. 2, San Jose city Lands; thence running N. 58 deg. 24' W., and along the Southwesterly line of said Pueblo Tract No. 2, 148.70 chs. to the most Southerly corner of that certain 160 acre tract of land conveyed by the City of San Jose, to Frederick Crighton by Deed dated September 4, 1873 and recorded September 8, 1873 in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 10 of Deeds, Page 500; thence leaving the line of said Pueblo Tract No. 2 and running N. 47 deg. 15' E. and along the Southeasterly line of said 160 acre tract of land, 27 chs., to a live oak tree marked M. and being the Southwesterly corner of that certain 48.78 acre tract of land conveyed by the City of San Jose, to Francisco Mendebles by Deed dated r recorded October 9 1867 in the Office of the n Recorder of the October 8 1867 and reco County Park and Recreation Use Easement Page 6 Preserve: Sierra Azul PARK AND RECREATION USE EASEMENT Project: Jacques Ridge/Santa EXHIBIT I - LEGAL DESCRIPTION Clara County APN: 583-24-003 (portion) 583-24-005 (portion) Page Two of Two 583-55-002 (portion) County of Santa Clara, State of California in Book "W" of Deeds, Page 438; thence running S. 53 deg. E. and along the Southwesterly line of said 48.78 acre tract of land, 6.50 chs. to the Southernmost corner of said 48.78 acre tract of land; thence along the Easterly line of said 48.78 acre tract of land with the following courses and distances: N. 44 deg. 10' E. 8.45 chs., N. 35 deg. E. 17.50 chs., N. 33 deg. E. 5.50 chs., N. 24 deg. 30' E. 3.07 chs., N. 24 deg. 15' E. 10.90 chs. to the Northeasterly corner of said 48.78 acre tract of land and in the Southwesterly line of the Capitancillos Rancho; thence running along the Southwesterly line of the Capitancillos Rancho, S. 83 deg. 30' E. 5.97 chs. to the place of beginning, and being a portion of Pueblo Tract No. 2, San Jose City Lands. Excepting therefrom that portion thereof as conveyed to Pacific Gas and Electric Company, a California Corporation, by Deed recorded January 14, 1969 in Book 8400 Page 654, Official Records and being more particularly described as follows: A strip of land of the uniform width of 120 feet extending entirely across the parcel of land described and designated Parcel No. 1 in the Deed from Alice A. Lee to Joan Lee Sharp dated September 23, 1964 and recorded in the Office of the County Recorder of said County of Santa Clara in Book 6676 of Official Records at Page 519 and lying equally on each side of the line which begins at a point in the Northwesterly boundary line of said parcel of land designated Parcel No. 1 and runs thence South 77 deg. 50 1/2' East 2625 feet; more or less, to a point herein for convenience called Point "A" thence North 87 deg. 01 1/2' East 50W feet, more or less, to a point in the Northeasterly boundary line of said Parcel of Land designated Parcel No. 1; said Point "A" bears South 65 deg. 11' East 8506.6 feet distant from the 2 1/2 inch brass cap (marked Lindeman, Lean, Feckham, El Encino P.S.J. #11) marking the Southeasterly terminus of a course in the Westerly boundary line of the 121 acre parcel of land described in the Deed from Herbert E. Janes and Wife to Francis H. Tucker and Wife dated March 1, 1940 and recorded in the Office of the said County Recorder in Book 977 of Official Records at Page 55, which course, according to the description contained in said Deed dated March 1, 1940 has a bearing of S. 10 deg. 45' E. and a length of 665 feet, and being a portion of the Pueblo Lands of San Jose. Excepting from Parcels One and Two above, all that portion lying Southerly and Westerly of the center line Hicks Road, a public road and highway. I AGREEMENT TO PURCHASE REAL PROPERTY This Agreement is made and entered into by and between JOAN LEE JAMISONI Trustee, under the Robert Gerald Jamison and Joan Lee Jamison Family Trust, dated December 19, 1985, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational -value, located within an unincor- porated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, eminent domain, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, in conjunction with the County of Santa Clara ("County") , District intends to acquire said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately Nine Hundred Seven and Eleven one-hundredths (907. 11) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Nos: 583-24-003 and -005, 583-54-001, and 583-55-002; said property being further described in the legal description attached to Preliminary Title Report Numbers 000742440 and 000742467, dated August 8, 1994, from Chicago Title Company; said title reports are attached hereto as Exhibits "A" and "B" respectively, and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property." 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Six Million Six Hundred Fifty Thousand and No/100 Dollars ($6, 650,000.00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . i Jamison Agreement To Purchase Real Property Page 2 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 13 herein, an escrow shall be opened at Chicago Title Company, 110 West Taylor Street, San Jose, CA 95110, phone number (408) 292-4212, or other title company acceptable to District (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed-portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be no later than December 16, 1994; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing executed and recordable Grant Deeds covering the Property. Seller acknowledges that District intends to acquire the Subject Property on a joint basis with the County of Santa Clara as set forth in Paragraph 5 herein. At District's sole discretion, District may instruct Seller to prepare two deeds granting a portion of the Subject Property to District and the remainder to the County as described in Paragraph 5. (d) District and/or County shall deposit into the escrow, on or before the Closing: (i) The required Certificates of Acceptance for the Grant Deeds, duly executed by District and/or County to be dated as of the Closing. (ii) The Purchase Price in the amount of Six Million Six Hundred Fifty Thousand and No/100 Dollars ($6,650,000.00) . Jamison Agreement To Purchase Real Property Page 3 e District shall a for the escrow( ) pay fees, city and county transfer taxes, the CLTA Standard Policy of Title Insurance described in subparagraph (f) below, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California. (f) Subject to District's duty to pay the cost of any premiums thereof, Seller shall cause Chicago Title Company, or other title company acceptable to District, to prepare and commit to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $6,650,000. 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) exceptions to title numbered 2 through 10 as listed in Chicago Title Company's Preliminary Title Report No. 000742440 (first amended) , dated August 8, 1994 (Exhibit A) ; (iii) exceptions to title numbered 2 through 12 as listed in Chicago Title Company's Preliminary Title Report No. 000742467 (first amended) , dated August 8, 1994 (Exhibit B) ; (iv) such additional title exceptions as may be approved in writing by District prior to the closing as determined by District in its sole, absolute and unfettered discretion; and (v) the standard printed exceptions of Chicago Title Company or such other title company as may be selected by District. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appro- priate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deeds and attendant Certificates of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy olic of the title insurance if required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the esc row to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow I Jamison Agreement To Purchase Real Property Page 4 Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Condition Precedent. (a) Seller understands that District intends to complete purchase of the Subject Property on a joint basis with the County of Santa Clara; and further, Seller agrees that District acquisition of the Subject Property shall be contingent, at District's option, upon approval of an Agreement between District and the Board of Supervisors of the County of Santa Clara to acquire the Subject Property on a joint basis. Accordingly, District's obligation to consummate the purchase of the Subject Property is subject to the written approval of the Board of Supervisors of Santa Clara County no later than 11:59 p.m. on December 6, 1994 of an agreement or resolution to acquire the Subject Property on a joint basis with the District upon terms and conditions acceptable to the District, in its sole discretion. (b) If the condition set forth in this Paragraph 5 fails to occur, District shall have the option, but not the obligation, of waiving the condition by delivering to Seller and Escrow Agent by December 7, 1994 written notice of such waiver. Absent such notice, this Agreement shall terminate and neither party to this Agreement shall have further obligation hereunder to the other and the Escrow Agent shall return to each party any funds or documents delivered to Escrow Holder by such party. 6. Leases or Occupancy of Premises. Seller warrants that, upon Closing, there will exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et sea. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s) . 7. Seller's Representations bons and Wa rranties. For the purpose of consu mmating the sale and pur chase of the Property in P Y accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: Jamison Agreement To Purchase Real Property Page 5 7. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 7. 02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any oral or written agreement including option rights or purchase rights to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 7. 03 Seller is Licensed Broker. Seller is a licensed real estate broker who is representing herself in this transaction. 7.04 Disclosure of Existing Wells. District hereby acknowledges that Seller has disclosed water well drillers' reports regarding three wells situated on the Subject Property. These reports disclose certain output tests and quantitative tests performed during the 1988 calendar year. These reports were tendered to the District without warranty. District further acknowledges that it has been advised that the wells do not have pumps, were not intended for permanent use, and that Seller does not warrant the present condition of output or quality of water in the wells. Seller states that she has contracted to have said water wells sealed in accordance with applicable rules and regulations as described in Test Well Drilling Order No. 03941, Maggiora Brothers Drilling Inc. , which order and invoices therefore have been provided to District. Seller has no knowledge that the work for which she contracted was not done in accordance with said order. 8. Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause either directly or indirectly any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 9. District's Representations. District hereby makes the following representations, warranties and acknowledgments, which shall survive the close of escrow, each of which is material and is being relied upon by Seller. Jamison Agreement To Purchase Real Property Page 6 9. 1 Authority. District has the right, power, legal capacity and authority to enter into this Agreement and to execute all of the documents and to perform all of the other acts, as may be necessary to satisfy District's obligations under and pursuant to this Agreement. 9.2 No Reliance. District hereby acknowledges that, excepting for such representations, warranties and covenants as set forth in this Agreement, it has not relied upon any representation, warranty or covenant of Seller, or Seller's employees or agents, with regard to the Property, or any matters relating to the Property or to this Agreement. 10. Hazardous Substances. "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs) , benzene, asbestos or any other substance the placement, storage, transportation, disposal, or removal of which is prohibited or regulated by federal, state or local environmental law as a hazardous or toxic substance. (a) Seller hereby makes the following representations, warranties and acknowledgements, which shall survive the close of escrow, each of which is material and is being relied upon by Seller. (i) To the best of Seller's knowledge, during Seller's ownership of the Subject Property, neither Seller nor any third party has placed or stored or allowed to be placed or stored any hazardous substance on the Property, except as incidental to routine maintenance of the Property or as part of routine agricultural operations on the Property. (ii) To the best of Seller's knowledge, except as may be disclosed in any of the reports and disclosures filed with the County of Santa Clara during tentative map approval on the Property and contained in Santa Clara County File Nos. 260-41-45- 78 CC-91S and 262-44-42 90S, Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (iii) To the best of Seller's present knowledge, except as set forth in said files, Seller has not conducted any other environmental tests or studies on the Subject Property and seller is not aware of any other environmental or hazardous waste studies or reports on the Subject Property except as contained in said files. (iv) To the best of Seller's knowledge, neither Seller nor any third party has received oral or written notice from any government authority concerning the presence, release or removal of any hazardous substance on the Subject Property. Jamison Agreement To Purchase Real Property Page 7 Seller is not aware of any pending or threatened litigation or proceedings before any administrative or governmental agency concerning release of hazardous substances on the Subject Property. (b) Excepting for any breach of the representations or warranties set forth in subparagraph 10 (a) above, District acknowledges that it is acquiring the Property in its present condition. District has conducted or will conduct its own investigation and studies as to the condition of the Property, including any environmental or soils studies it desires to conduct. Except for any breach of the representations and warranties set forth in Subparagraph 10(a) above, Seller shall not be held liable for costs incurred by District in any cleanup, removal or remediation of any hazardous substances on the Property. (c) District shall have the right at all reasonable times to enter the Subject Property to conduct or have conducted any environmental, soils or other studies of the Property it desires to conduct. If, prior to December 7, 1994, District determines, based upon any such studies, that a cleanup or remediation of a material nature of the Subject Property is or may be required by a government authority, District shall have the right, prior to close of escrow, to terminate this Agreement. Upon written notice of such termination to Seller given prior to December 7, 1994, this Agreement shall become null and void and neither party shall have any further legal obligation to the other party hereunder. (d) Whenever the phrase "best of Seller's knowledge" or "to the best of Seller's knowledge" is used in this Agreement, it shall mean such matters which are actually known by Seller without any duty to further investigate or undertake any due diligence regarding such matters. 11. Waiver of Statutory Compensation. Seller and District understand and agree that Seller is entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256, and California Government Code Section 7267, and following. Seller acknowledges that the purchase price is the fair market value of the Property and waives any and all existing and/or future rights Seller may have to a different determination of the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any corresponding California Government Code Sections. Jamison Agreement To Purchase Real Property Page 8 12. Miscellaneous Provisions. 12.01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 12 . 02 Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or- proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 12.03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 12.04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 12.05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto) , each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified i Jamison Agreement To Purchase Real Property Page 9 and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission, telex, telecopy, telegraph, cable or other similar electronic medium, addressed as indicated as follows: Seller: Joan Lee Jamison 4434 Chaboya Road San Jose, CA 95148 (408) 274-2043 FAX (408) 274-5500 Copy To:- David L. Nevis, Esq. Miller, Morton, Caillat & Nevis 50 West San Fernando Street, Suite 1300 San Jose, CA 95113-2413 (408) 292-1765 FAX (408) 292-4484 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (415) 691-1200 FAX (415) 691-0485 Copy To: Susan Schectman, Esq. 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 FAX (415) 691-0485 If sent by telegraph, cable, telecopy, facsimile transmission or other similar electronic medium, a conformed copy of such notice shall be sent by mail (in the manner provided above) to the listed addressee's) . Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Any party may change its address for such communications by giving notice thereof to the other parties in conformity with this Section. Nothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section. The foregoing Jamison Agreement To Purchase Real Property Page 10 provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. 12.06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other-purposes of the void or unenforce- able provisions. 12.07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instru- ment. 12.08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condi- tion of this Agreement. 12.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 12-10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 12.11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all repre- sentations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 12. 12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights Jamison Agreement To Purchase Real Property Page 11 or obligations under this Agreement to any third party without the prior written approval of the other party. 12. 13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 12 . 14 Bindina on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 12. 15 Commissions. Each of the parties agrees to pay their own costs of attorneys, brokers, consultants or other persons retained by them in connection with this transaction. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this transaction. 12.16 Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 12. 17 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 13 . Acceptance. This Real Property Purchase Agreement and the exhibits hereto have been prepared at District's expense and in consideration of District's efforts and expense in such regard, Seller agrees to the following acceptance procedure so as to accommodate District's approval process in connection with the acquisition of the Subject Property. Seller agrees that District has provided sufficient consideration for the irrevocable offer provided herein, such firm offer period being necessary for District's approval process as a governmental agency. This Purchase Agreement must be executed and delivered by Seller on or before September 30, 1994 . In the event of Seller's compliance with the foregoing sentence, District shall have through October 31, 1994, to accept and execute this Real Property Purchase Agreement and during said period this Agreement shall constitute an irrevocable offer by Seller to sell and convey to District the Jamison Agreement To Purchase Real Property Page 12 Subject Property described herein for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted and executed by District, this transaction shall close in accordance with the terms and conditions set forth herein. THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK /11 I/I 1/1 /1/ Jamison mi n Agreement To Purchase Real Property page 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SELLER SPACE DISTRICT ACCEPTED FOR RECOMMENDATION: Joan Lee Jamison, Trustee Date: L. Craig Britton General Manager APPROVED AS TO FORM: Susan Schectman District Counsel APPROVED AND ACCEPTED: President, Board of Directors Date: ATTEST: District Clerk Date: I CHICAGO TITLE COMPANY Issuing Office: Escrow Location: 110 West Taylor Street 110 W. Taylor Street San Jose, California 95110 San Jose, California 95110-2131 (408)292-4212 Phone: (408) 292-4212 Fax: (408) 282-1404 Escrow No. 000742440 SM Escrow Officer: Sharman McKenna CTI Escrow - Sharman McKenna Order No. 000742440 LM 110 W. Taylor Street Reference: San Jose, California 95110 Regarding: California FIRST AMENDED Dated as of: August 8, 1994 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read.They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: Laura Miller Tide Officer PFP02-0a/05/9M* EXHIBIT- Page /—d f i SCHEDULE A Order No: 742440 LM Your Ref: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE I 2. Title to said estate or interest at the date hereof is vested in: Joan Lee Jamison, Trustee, or her successor(s), under the Robert Gerald Jamison and Joan Lee Jamison Family Trust Agreement, dated December 19, 1985 3. The land referred to in this report is situated in the State of California,County of SANTA CLARA and is described as follows: All that certain Real Property in the County of Santa Clara, State of California, described as follows: Parcels 1 and 2, as shown upon that certain Parcel Map filed for record April 21, 1992 in the Office of the Recorder, in the County of Santa Clara, State of California in Book 636 of Maps, at Pages 5, 6 and 7. PFEUM"/27/ems Page-I-- of SCHEDULE B Page 1 Order No: 742440 LM Your Ref: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Taxes for the fiscal year 1994-95, a lien not yet payable. 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. Right of the Public to use as a Roadway so much of said land that lies within the boundary lines of Hicks Road. 4. An easement affecting a portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated herein, and incidental purposes, In Favor Of: The County of Santa Clara For: Public Road and Highway Recorded: October 16, 1939 in Book 953 at Page 201 official Records Affects: Hicks Road S. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: Pacific Telephone and Telegraph Company, a California corporation For: To construct, place, Inspect, maintain, repair, replace, use, operate and patrol thereon, therein and thereunder underground wires, cables and other electrical conductors with associated poles, conduits, marker posts above ground and other appurtenances Recorded: November 10, 1955 in Book 3330 at Page 228 Official Records Affects: Parcel Two as follows: Said right of way is Twenty (20) feet in width, Ten (10) feet on each side of the centerline as now surveyed by Grantee and staked upon the above described real property 6. Land Conservation Agreement with the County of Santa Clara Executed by: Joan L. Sharp Recorded: February 25, 1971 in Book 9233 Page 324 official Records Arr PREUMS-8/7/914rc EX W pia:-)e f�r44 SCHEDULE B Page 2 (continued) Order No: 742440 LM Your Ref 7. Resolution altering boundaries of the agricultural preserve to include the herein described property and other property By: Santa Clara County Recorded: February 8, 1991 Book L614 Page 808 Official Records And Re-Recorded : April 12, 1991 Book L662 Page 1293 official Records 8. Land Conservation Agreement with the County of Santa Clara Executed by: Joan L.- Jamison Trustee, or her Successor(s), under the Robert Gerald and Joan Lee Jamison Family Trust Agreement dated December 19, 198S Recorded: February 8, 1991 in Book L614 Page 0844 official Records 9. Matters affecting the portion of said land and for the purposes stated herein, and incidental purposes, shown or dedicated by the map herein referred to: (A) For: 100 feet Scenic Setback Line Affects: As shown upon the Parcel Map referred to in "Schedule A" herein (B) For: 25 feet Trail Easement Affects: As shown upon the Parcel Map referred to in "Schedule A" herein (C) For: 10 feet Strip Dedication Area for Alamitos Rd. Affects: As shown upon the Parcel Map referred to in "Schedule A" herein (D) For: Public Service Easement Affects: As shown upon the Parcel Map referred to in "Schedule A" herein 10. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: Trail Easement Dated: None Shown Executed By: Joan Lee Jamison, Trustee, under the Robert Gerald Jamison and Joan Lee Jamison Family Trust Agreement dated December 19, 198S and the County of Santa Clara A PP6UMW'q/M/9M* EXHIBIT 0"V Page 3cof�' SCHEDULE B Page 3 (continued) Order No: 742440 LM Your Ref: Recorded: May 5, 1992 in Book M176 at Page 0987 of Official Records 11. The terms and provisions of that certain Trust Agreement under which the vestee holds title, and the requirement that this office be furnished with: a. ) complete copy of the executed Trust Agreement, together with all amendments thereto; and b. ) signed Certification -Statement reflecting the current status of said trust, prior to the issuance of any Title Insurance, and any exceptions that may be disclosed thereby. 12. "If an Alta Policy is requested, this Company will require an Inspection prior to the Close of Escrow." END OF SCHEDULE B NOTE 1 : Title of the vestee herein was acquired by deed recorded prior to six months from the date hereof. NOTE 2 : If a 1970 ALTA Owner's or Lender's or 197S ALTA Leasehold owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: A PA0JM8C­9/23/93bk EXHIBIT Page _6LOf Page 4 SCHEDULE B (continued) Order No: 742440 LM Your Ref.- (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: M the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NOTE 3 : Effective July 1, 1994 all documents to be recorded in California must conform to the following: (A) A page for the purpose of recording shall be one printed side of a single piece of paper which is 8 1/2 inches by 11 inches. (B) A sheet shall be one printed side of a single piece of paper which is not exactly 8 1/2 inches by 11 inches but not greater than 8 1/2 inches by 14 inches. (C) If a page or sheet does not conform to the dimensions of 8 1/2 inches by 11 inches the recorder shall charge $3.00 extra per page or sheet of the document. These changes are pursuant to Government Code Sections 27201, 27361 and 27361.5 which were enacted in the 1992 Legislative Session to be effective July 1, 1994. NOTE 4 For Informational Purposes, the General and Special Taxes and Assessments, if any, for the fiscal year 1993-1994 Assessment No. : 583-54-001 Code No. : 80-002 A PFWUMB"/23/031* EXHIBI olfyi Page !;L- SCHEDULE B Page 5 (continued) Order NO: 742440 LM Your Ref: First Installment: $110.79 PAID Second Installment: $110.79 PAID Assessment Valuation Of Personal Property: NONE Homeowner Exemption: None NOTE 5 : For Informational Purposes, the General and Special Taxes and Assessments, if any, for the fiscal year 1993-1994 Assessment No. : 583-55-002 Code No. : 80-002- First Installment: $115.92 PAID Second Installment: $115.92 PAID Assessment Valuation Of Personal Property: NONE Homeowner Exemption: None NOTE 6 Basic Rate Applicable KM/cg f I I PPEUMSG9/23/Mi* EXHIBIT Page �of W f" lo N e.1 Al ------------- -- Nlt'n^�•; , +� '�� 7� ALL p1ATANCSS SHO-4 nl nrT A4p OFCIMAL{TNIPSOF 1.1•/ �.� N� __._ olIllNcnYl•oloet t Ira �N,t•D•w;1�/o� /.11.11 OG,I,I rk :; O r' F. (Sn•n l Nt lit 4 4 S(I s 'T i; a� • ('I v.c Arlt.F nu1 v11c Iw neN fe■'4 �yE' '/ ♦ (5.10'001 III. �O a y. �Y1S' ^ 1 j INOIC AItt ID.MONU M1Nt At SN(�l/N } J+ ♦ M'II•�'a r a! w O INplt A7lS SFr I/i leb.►IP1,TA 6.To P1t 1 ]n'oo 11u�i 'r Je $ 8 f" ( ) :NOICATIS t1COAO INFOtMAT10+1,A1Sea N ( rots mm -Z 8 3' U lrool rlet / no".'It '*] PDOLOI.11'Y�N4l-J /►, i 1 ReIQR�Hc�f'b/ OLIL14(NNNOVN 'A I `.` Y r or 0)O// • OElO A A.LSI 10 J 1 7NAtP CG IL a t.SIS 1 OLO SUty{�NOTfS(tANCMa•(01 UPITANCtlU1' • �,tiy� C ■II L7S MAP/ IOG11(CtOr]LAND SURVOYIN b r J�/g1• 0 MCMILLAN MA/(N e.P/C(COUK"PU►VIVOt) Woo 1 oflo SC.V.WC a.TO N.L.NAINL 91101.1 /l 4 '■ �: Y ��Ef.bJ / RII ISO MAPS l71wlV 10(3\NTAC0,IACDUNTr e mV. ►OSI{TN/U tC(SANTA CL■1A(DUNTr)X ! •� w T 51 Pt tl(SANIACLAKACOUNTI) SIl1. ] f IaI IG 19(AANTA CLItA CDUNn) ! A•!ro]n,KTWL� W a PARCIL IOO1 a]lr W TN\AS[•AArI \ • �+J 0P At)NIWN 1 ,J { EAEENENTS NoT�s SE!LOFT roe rouowlNa MAEMlN�!APItCT THIS•■DPI■n / 4 Nowt Ylt TN11t$.ACT LOCATION CANNOT SI ASCIt1Al11/0 0, t,to a0 INFORMATION. N �O ice• ^^lttt'TTT///4J i s /•FOR MAULING Of N000 ANo 1ML N1LN1 or WA,TO CON117 P a, C CS INaulNae nNwa TNI SA>,{to QUICK tIL"k S. tjI4D1a COM►ANY sti g 0 1•of.•1 .aI■•1Aw,aN Sal r) ` A y !y'1r1Yf►f b' (. tOl MAULING OS MOOD ANp iN{41691 Or Alw /O CpwPf T C•t, Ma )�l\ l/' (■IyooF ff.a•1© iNt SAMI TO FRANK CIONLM&A •K►'re.001 MISC. i ao't<1Nc]/tIACA L1wI rJ,•_____ ♦'r•P AII I1,3(MINt e0)A.1 1`• 00. �l>G Sy1f'1Y1 It[.10• A1COt OS. CS I. �l!If 1� 11t)D�(;tO All S1 17♦♦{�1O aItt-W)© S. rOI WKLI SUCTION ANO MAINT INANCI OI UND1G6IMNO (' A7' MIII6,CASLIS TO F.T&I.OK St 100 R.Pt.t1S All t, \\ ram_ •�— �•_• 't / • \ / (1!•OS 1a 111.t0')O too 10' a ro•e Mll wArr•MAT111•CASS SIA NIS OAN01 toWlJO \\\\�_ .A__•._� �•—_,_.__ � WNETK{t Ot NOl W.T'ilt3 ASS SHOWN•r MI►V►LTC •� t •r • ►alts t't°R°' + t1acN1I0ADsowlDe<rN»eoL.lpo1) OAD �r r ve r. II NO.S._', ,LA&M.,■■�� LCO'11 DGr L,,: (%.CO'KI'1\t7.17 pIFJJE 11wt.��� _ ALA" .. I1'1111"w.11\.ea' ? t•:100'F11 ° ROAD (Eras'. aI fo)Q B1�616 OF lB/1iUN4s (ISO M 1110) S AL A)11101.OM \ (]IC SN{1INO'I) OPIUI0L0 IRA<7 NO! ALSO NNOwN OA♦-UfPkrllr LlN! s P 1 1p'WiD!]1R1/ Of01UrlD • .. SK'11'11'w 111 b' ( Ul ILO'.ACV NO PARCNL IOIN!COUN(,OPAANI&CIAIA A)A 0AKO.N ON TMI ltCD■fl 7P]UtV IY r1L1A IN IaaK j I (aI•A1A1L]IIf I/a, \\ (A Il'.Y1'Y Sal b .1l O•MAP]Al IA6lS IDL11 ]•IITA CLA 01 COUN1r■S(.d 0'.1 wA•IANIN A1TN1 OASIS Or SIARIPItS rat THIS MAP \ •M'11'11'Y 110 o7' 3 � le]voo• D•oNr(.ewu.(r- val•w.1f1lo• a Sir, tIt l�rl• Die so)(b PARCEL'1 PNJMUrUL SNAP e K•1111•Y 111.{[•.OAO LANDD OF JAMISON AL AM1103 7 (1,Y'»w.tll ll) to wmt ITa,P orolun0 1• � CEIIlP A PORTION OF PU6OLJ rPAGT 110 2 ', "IMF COUNINWSANIACIARA ]e1 5I1u140 S SANTACLAnACOUHTY! CALIF. .11e'u u•a »et'y`` �w U'0011100') 111'I]y'1 1c S1 ,ypMNwln.H11.11 SC All trl?00) SCP1. y)1 ]u'Se 1 ■ CROSS LAND SURVEY ING,MC. 1110"*.N1 PIIA]AN1 .OAo (n e•7t w ,111 fa�/�� ..PO 1"(.Ow JIPI w /tY IC1 /•11 ]Aw JO]I, [ALI10■NIA 1 1'1.0+.••I•It c N 36"l0'OA'•r ISt S.11(IS/S.!(1"1 Pa II I'•�/•I( CI RIO NO,IL'J•4{��l if S�1_yla il,Flli NO CL2�AL�AT�y)1 IN!(T Z OF S r `r H. CHICAGO TITLE %;OMPANY Issuing Office: Escrow Location: 110 West Taylor Street 110 W. Taylor Street San Jose, California 95110 San Jose, California 95110-2131 (408)292-4212 Phone: (408) 292-4212 Fax: (408) 282-1404 Escrow No. 000742467 SM Escrow Officer: Sharman McKenna CTI Escrow - Sharman McKenna Order No. 000742467 LM 110 W. Taylor Street Reference: San Jose, California 95110 Regarding. Hicks Road San Jose, California FIRST AMENDED Dated as of: August 8, 1994 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read.They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: t Laura Miller Title Officer PFPD2-Oa/05/93bk EXHIBIT Page !L0tic SCHEDULE A i i Order No: 742467 LM Your Ref: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE I i 2. Title to said estate or interest at the date hereof is vested in: JOAN LEE JAMISON, TRUSTEE; OR HER SUCCESSOR(S) , UNDER THE ROBERT GERALD JAMISON AND JOAN LEE JAMISON FAMILY TRUST AGREEMENT, DATED DECEMBER 19, 1985 i I 3. The land referred to in this report is situated in the State of California,County of SANTA CLARA P � tY and is described as follows: See Legal Description attached hereto and made a part hereof. I PREUMA-9/27/Mt* EXHIBIT,__, I Page a of,� DESCRIPTION Page 1 OrderNo. 742467 LM All that certain Real Property in the County of Santa Clara, State of California, described as follows: Beginning at a oak tree 15" in diameter marked C.C. being one of the stations in the Southwesterly line of the Capitancillos Rancho, and from which oak tree, a sycamore tree marked C.C. 4 standing at the upper fork of the Arroyo Seco de Los Capitancillos, being one of the stations in the Southwesterly line of said Capitancillos Rancho bears N. 83 deg. 30, W. 18.54 chs. distant running thence along said Southwesterly line of the Capitancillos Rancho with the following courses and distances: S. 48 deg. E. 90.50 chs. , S. 31 deg. 15' E. 15.41 chs., S. 50 deg. E. , 4.10 chs. , S. 64 deg. E. 3.88 chs., S. 35 deg. 30' E. 2.27 chs., S. 32 deg. E. 3.71 chs., and S. 19 deg. E. 7.05 chs. to the most Northerly corner of that certain 101.64 acre tract of land described in the Deed from the City of San Jose to William Philbon, dated October 7, 1871 and recorded October 10, 1871 in the office of the County Recorder of the County of Santa Clara, State of California, in Book 10 of Deeds, Page 377; thence leaving the Southwesterly line of the Capitancillos Rancho and running along the westerly line of said 101.64 acre tract of land, S. 29 deg. W. 42.00 chs and S. 18 deg. W. 1.50 chs. to the most Westerly corner of said 101.64 acre tract of land in the Southwesterly line of Pueblo Tract No. 2, San Jose City Lands; thence running N. 58 deg. 24, W. , and along the Southwesterly line of said Pueblo Tract No. 2, 148.70 chs. to the most Southerly corner of that certain 160 acre tract of land conveyed by the City of San Jose, to Frederick Crighton by Deed dated September 4, 1873 and recorded September 8, 1873 in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 10 of Deeds, Page 500; thence leaving the line of said Pueblo Tract No. 2 and running N. 47 deg. 15' E. and along the Southeasterly line of said 160 acre tract of land, 27 chs. , to a live oak tree marked M. and being the Southwesterly corner of that certain 48.78 acre tract of land conveyed by the City of San Jose, to Francisco Mendebles by Deed dated October 8, 1867 and recorded October 9, 1867 in the Office of the County Recorder of the County of Santa Clara, State of California in Book "W" of Deeds, Page 438; thence running S. 53 deg. E. and along the Southwesterly line of said 48.78 acre tract of land, 6.50 chs. to the Southernmost corner of said 48.78 acre tract of land; thence along the Easterly line of said 48.78 acre tract of land with the following courses and distances: N. 44 deg. 101 E. 8.45 chs. , N. 35 deg. E. 17.50 chs. , N. 33 deg. E. 5.50 chs., N. 24 deg. 301 E. 3.07 chs. , N. 24 deg. 15' E. 10.90 chs. to the Northeasterly corner of said 48.78 acre tract of land and in the Southwesterly line of the Capitancillos Rancho; thence running along the Southwesterly line of the Capitancillos Rancho, S. 83 deg. 30' E. 5.97 chs. to the place of beginning, and being a portion of Pueblo Tract No. 2, San Jose City Lands. Excepting therefrom that portion thereof as conveyed to Pacific Gas and Electric Company, a California Corporation, by Deed recorded January 14, 1969 in Book 8400 Page 654, Official Records and being more particularly described as follows: A strip of land of the uniform width of 120 feet extending entirely across the parcel of land described and designated Parcel No. 1 in the Deed from Alice A. Lee to Joan Lee Sharp dated September 23, 1964 and recorded in the Office of the County Recorder of said County of Santa Clara in Book 6676 of Official Records at Page 519 and lying equally on each side of the line which begins at a point in the Northwesterly boundary line of said parcel of land designated Parcel No. 1 and runs thence South 77 deg. 50 1/21 East 2625 feet; more or less, to a point herein for convenience called Point "A" thence North 87 deg. 01 1/2' East 5000 EXHIBIT A8 Page --Xof DESCRIPTION Page 2 Order No. 742467 LH feet, more or less, to a point in the Northeasterly boundary line of said Parcel of Land designated Parcel No. 1; said Point "A" bears South 65 deg. 111 East 8506.6 feet distant from the 2 1/2 inch brass cap (marked Lindeman, Lean, Feckham, El Encino P.S.J. 111) marking the Southeasterly terminus of a course in the Westerly boundary line of the 121 acre parcel of land described in the Deed from Herbert E. Janes and Wife to Francis H. Tucker and Wife dated March 1, 1940 and recorded in the office of the said County Recorder in Book 977 of official Records at Page 55, which course, according to the description contained in said Deed dated March 1, 1940 has a bearing of S. 10 deg. 451 E. and a length of 665 feet, and being a portion of the Pueblo Lands of San Jose. EXHIBIT Page -* of SCHEDULE B Page 1 Order No: 742467 LM Your Ref: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Taxes for the fiscal year 1994-95, a lien not yet payable. 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. Right of the Public to use as a Roadway so much of said land that lies within the boundary lines of Hicks Road. 4. An easement affecting the portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated herein, and incidental purposes, In Favor Of: Quicksilver Mining Company, a Corporation For: Haul wood and the right of way to conveyed the same Recorded: November 6, 1866 in Book B at Page 582 of Miscellaneous of Official Records S. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, convenants and conditions referred to therein, between the parties named herein For: Rights of Way for road and for pipe lines Dated: April 19, 1886 Executed By: The Quicksilver Mining Company, a Corporation Recorded: May 4, 1886 in Book M at Page 210 of Miscellaneous Records 6. An easement affecting the portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated herein, and incidental purposes, In Favor Of: J. B. Peckham For: Right of Way Recorded: October 19, 1927 in Book 356 at Page 35 of official Records 7. An easement affecting the portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated herein, and incidental purposes, PFFUM64/7/914tc EXHIBIT Page-A5—of SCHEDULE B Page 2 (continued) Order No: 742467 LM Your Ref: In Favor Of: The County of Santa Clara For: Public road and highway Recorded: October 16, 1939 in Book 953 at Page 201 of Official Records 8. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: The United States of America For: Road purposes, an existing dirt road approximately 20 feet in width Recorded: March 25, 1957 in Book 3758 at Page 461 Official Records Affects: Loma-Almaden Road 9. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: Pacific Gas and Electric Company, a California corporation For: Ingress to and Egress from Recorded: January 14, 1969 in Book 8400 at Page 654 Official Records Affects: None shown 10. Land Conservation Agreement with the County Of Santa Clara, Executed By: Joan L. Sharp Recorded: February 25, 1971 In Book 9233 At Page 324 Of Official Records 11. RESOLUTION ALTERING BOUNDARIES OF THE AGRICULTURAL PRESERVE Executed By: Santa Clara County Recorded: February 8, 1991 in Book L614 at Page 808 of Official Records And Re-recorded: February 8, 1991 in Book L614 at Page 0808 of Official Records. 12. Land Conservation Agreement with the County Of Santa Clara, PRfUM8"/23/W1* EXHIBIT .. Page Of SCHEDULE B Page 3 (continued) Order No: 742467 LM Your Ref: Executed By: Joan L. Jamison, Trustee, or Her Successor(s) , under the Robert Gerald and Joan Lee Jamison Family Trust Agreement dated December 19, 1985 Recorded: February 8, 1991 In Book L614 At Page 0944 Of Official Records 13. The terms and provisions of that certain Trust Agreement under which the vestee holds title, and the requirement that this office be furnished with: a. ) complete copy of the executed Trust Agreement, together with all amendments thereto; and b. ) signed Certification Statement reflecting the current status of said trust, prior to the issuance of any Title Insurance, and any exceptions that may be disclosed thereby. 14. "If an Alta Policy is requested, this Company will require an Inspection prior to the Close of Escrow." END OF SCHEDULE B NOTE 1 : Title of the vestee herein was acquired by deed recorded prior to six months from the date hereof. NOTE 2 : Effective March 1, 1979, there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your escrow officer or title officer. NOTE 3 If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors, rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a PRMJU8C-9/M/03b* EXHIBIT 4 11 o Ef 'age !iu SCHEDULE B Page 4 (continued) Order No: 742467 LM Your Ref: result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of, federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NOTE 4 : Effective July 1, 1994 all documents to be recorded in California must conform to the following: (A) A page for the purpose of recording shall be one printed side of a single piece of paper which is 8 1/2 inches by 11 inches. (B) A sheet shall be one printed side of a single piece of paper which is not exactly 8 1/2 inches by 11 inches but not greater than 8 1/2 inches by 14 inches. (C) If a page or sheet does not conform to the dimensions of 8 1/2 inches by 11 inches the recorder shall charge $3.00 extra per page or sheet of the document. These changes are pursuant to Government Code Sections 27201, 27361 and 27361.5 which were enacted in the 1992 Legislative Session to be effective PREUM8C-9/23/Wbk EXHIBIT Page..rof SCHEDULE B Page s (continued) Order No: 742467 LM Your Ref: July 1, 1994. NOTE 5 For Informational Purposes, the General and Special Taxes and Assessments, if any, for the fiscal year 1993-1994 Assessment No. : 583-24-003 Code No. : 80-002 First Installment: $214.56 PAID Second Installment: $214.56 PAID Assessment Valuation Of Personal Property: NONE Homeowner Exemption: None NOTE 6 : For Informational Purposes, the General and Special Taxes and Assessments, if any, for the fiscal year 1993-1994 Assessment No. : 583-24-005 Code No. : 80-002 First Installment: $125.49 PAID Second Installment: $125.49 PAID Assessment Valuation Of Personal Property: NONE Homeowner Exemption: None NOTE 7 Basic Rate Applicable KM/cg PREUM8"/23jWbk EXHIBIT Page 2t, n ,u•• 'I �. OFFICE Of COUNTY ASSESSOR '""SANTA CLARA COUNTY , CALIF OIt NIA BOOK PAGE 583 24 25 -C.0 WC" S f rorw TR4(rps C,qP c�,Ac) _,. 4 co NF I T4,V $ 3 26 N., Ss f 2`op6 �. Ps�� `so �j6 Aj.�O cn 296.60 Ac. S0E Q % S�OVr �sbcM laBCri� . OCPS,ON E ZGZS �t xcti'r 51q s. 0 PpEBw _TRACT No 64 Ac RO 530/x1 s 5i0P ihls Is not a C"W-Y Of It!r If01d I'd:;Is compiled R1 T lot io101nwGoo'r,,.n u:.r,sr n•.c l f:y U;a cR ual a rncordb by C:h:catjo 1"le is Wlr.r•Ca CO. T 55 r _ f Open Space P P 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-104 Meeting 94-27 October 12, 1994 AGENDA ITEM Final Adoption of Resource Management Goals and Po ies to,Protect or Restore Natural Resources and Historic Buildings and Sites on District Land C GENERAL MANAGER'S RECOMMENDATION �\^ I Adopt the attached Resource Management Goals and Policies as amended, based on your initial discussion of this item at the September 14, 1994 Regular Meeting. DISCUSSION You tentatively adopted the resource management policies at your meeting of September 14, 1994 (see report R-94-91. Discussion resulted in the following amendments: ■ Change goal 6 to read: Control non-native species which have a substantial impact on preserve resources ■ Change policy 6.1 to read: Discourage spread of invasive non-native species whenever control is reasonably possible. ■ Change goal 8 to read: Limited Minimal soil loss and protected geologic features. ■ Change section 10.1 to read: Continue or beg-ft reintroduce agricultural use in a preserve only when all of three conditions are met: land already disturbed, doesn't unreasonably limit public access, provides other resource management benefits, including income to the District. ■ Strengthen the introduction to section 13 (Education) and add the following policies: 13.3 Use environmental education to gain public support for resource management goals and policies. 13.4 Work with. the Public Affairs Program to increase public awareness of resource values. The amended resource management goals and policies are attached. Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit l R-94-104 Page 2 Following is the text of the revised introduction to section 13. Education is the key to developing broad public support for acquiring and protecting open space. Increasing public knowledge and appreciation of the preserves' natural and cultural values will improve support for their conservation. We need to alert the public to the treasures that are out there, so they will care about protecting them. The resource management program will play a vital role in education by providing a greatly improved information base. Studying the current condition of preserve resources and discovering how best to maintain and restore them will reveal information that stimulates public interest, makes the preserves more enjoyable places to visit, and inspires respect and a sense of stewardship. The District's Public Affairs and Visitor Services programs are the main vehicles to communicate this information to the public. Staff works closely with the public, local school districts, and other agencies to provide environmental education to students, organizations, and the general public. The Public Affairs program gets the word out through publications, presentations, and working with the media. The volunteer and docent subprograms greatly increase public outreach opportunities by teaching others to help. The volunteer program provides a means for the public to learn firsthand about stewardship, by participating in District projects. The docent program trains docents to conduct tours of the preserves and interpret District resources. Interpretation is an educational method that aims to reveal meanings and relationships by firsthand experience, and by illustrative media. The District's interpretive program includes personal communication by District staff and docents, as well as brochures and other publications, exhibits, and audiovisual presentations. Interpretive programs are often the most effective means of stimulating understanding and appreciation of open space, providing information, promoting stewardship of resources, and helping ensure visitor safety. The last listed implementation measure under section 13.2, "Involve school children in District- sponsored environmental projects and education activities," will be moved to the first implementation measure to increase its emphasis. The complete text of the revised document is available at the District office. I Prepared b : P Y Alice Cummings, Resource Planner Contact person: Randy Anderson, Planning Manager i GOALS AND POLICIES Resource Management Goals and Policies This summary subsection includes all the goal and policy statements from the Resource Management Policies document. The introductory text and the alternative implementation measures are omitted to allow for easier reference to subjects, and to provide a concise document for adoption by the Board of Directors. 1 Resource Management Mission Statement The District will protect and restore the diversity ;and integrity of its resources for their value to the environment and to people, and will provide for the use of the preserves consistent with resource protection. 1 .1 Favor protection of resources when use significantly interferes with resource protection. 1 .2 Provide an effective interdisciplinary resource management program to protect and enhance natural and cultural resources. This program should include planning, interpretation, research, protective measures, maintenance, and monitoring practices. 1 .3 Prevent or minimize human-caused and accelerated impacts, including erosion, invasion by non-native species, disruption of the natural flow of water, degradation of water quality, trampling of vegetation, and displacement of wildlife. 1 .4 Protect and restore known rare, endangered, or special concern species and habitats, as well as seriously degraded or deteriorating areas. Give priority to endangered habitats and consider the relative scarcity of the specific resources involved. 1 .5 Manage open space as a composite resource, not separate and isolated parts. Maintain ecological processes as well as individual species and features. Consider the regional context and cumulative impacts of resource management decisions. Favor long-term goals over short-term benefits. 1 .6 Support recreational use of District lands, consistent with resource protection. Consider present and potential use. 1 .7 Balance efforts to protect and restore resources with efforts to acquire and provide public access to lands. 1 .8 Monitor changing conditions and the effectiveness of resource management practices. iv GOALS AND POLICIES 2 Planning and Implementation II Goal: Informed, consistent, and effective resource management 2.1 Adopt a resource management planning process. 2.2 Prepare a Resource Management Plan for each preserve or geographic area addressing its specific resources and management needs. 2.3 Provide staff and budget, and assign responsibilities to support, effective resource management planning and implementation. 2.4 Review and amend resource management policies and implementation measures to improve their effectiveness. 2.5 Comply with environmental regulations and standards. 3 Natural Systems Management Y 9 Goal: Functioning, self-supporting ecosystems which maintain the natural abundance, diversity, and ecological integrity of plants and animals 3.1 Restore seriously degraded or deteriorating areas. 3.2 Maintain, restore, or simulate natural ecological processes where feasible. 3.3 Restore fire to a more natural role in preserve ecosystems. 3.4 Conserve genetic diversity. 4 Vegetation Management Goal: Viable native plant communities characteristic of the region 4.1 Maintain the diversity of native plant communities. 4.2 Use native species occurring naturally on similar sites for vegetation replacement or enhancement projects. 4.3 Protect and enhance habitat for special status plant species. v GOALS AND POLICIES 5 Wildlife Management Goal: A healthy, diverse native wildlife population 5.1 Understand and maintain the diversity of native wildlife. 5.2 Protect, maintain and enhance habitat features that have particular value to native wildlife. 5.3 Protect animal populations against the impact of human actions. 5.4 Protect and maintain the habitats and populations of special status animals. 6 Non-Native Species Management Goal: Control non-native species which have a substantial impact on preserve resources. 6.1 Discourage spread of invasive non-native species whenever control is reasonably possible. 6.2 Manage both native and non-native species according to integrated pest management (IPM) techniques in cooperation with responsible agencies. 7 Water Resources Goal: Natural water courses, wetlands and hydrologic processes 7.1 Protect surface and ground waters from contamination. 7.2 Minimize interference with natural flow of surface and ground water. 7.3 Understand and protect water rights and utilization. 7.4 Restore, maintain or enhance water quality on District lands. vi I'� GOALS AND POLICIES 8 Geology and Soils Goal: Minimal soil loss and protected geologic features 8.1 Prevent unnatural soil erosion and sedimentation. 8.2 Locate and construct facilities to avoid high-risk areas subject to landslides and erosion. 8.3 Protect geologic features from human-caused damage. 9 Scenic and Aesthetic Resources Goal: Lands with:natural appearance, diversity, and minimal evidence of human impacts 9.1 Minimize evidence of human impacts within preserves. 9.2 Maintain significant landscapes or features that were formerly maintained by natural processes. 9.3 Minimize unnatural noise within preserves. 10 Agricultural Use Goal: Agricultural uses that do not significantly impact natural resources, but do support heritage or scenic resources 10.1 Continue or reintroduce agricultural use in a preserve only when all of three conditions are met land already disturbed, doesn't unreasonably limit public access, provides other resource management benefits, including income to the District. 10.2 Require sound agricultural management practices. 10.3 Let former agricultural areas return to a natural state. vii GOALS AND POLICIES 11 Heritage Resources Goal: Preservation of significant heritage resources for the education and enjoyment of present and future generations 1 1 .1 Identify significant heritage resources, including historic structures, historic landscapes, historic trails, and archaeological and paleontological sites. 11 .2 Create a program to provide information about the District's heritage resources. 11 .3 Cooperate with historic preservation agencies and organizations. 11 .4 Provide management plans to protect heritage resources, including historic structures and significant landscapes, artifacts, and archaeological and paleontological sites. 11 .5 Support the rehabilitation and use of historically significant structures. 12 Research and Information Collection Goal: Documented scientific knowledge of preserve resources and resource management techniques as a basis for management decisions 12.1 Maintain resource information files for each preserve and resource subject. 12.2 Coordinate and cooperate with institutions, agencies, organizations, and individuals who are conducting resource-related research. 12.3 Undertake research necessary for planning or management decisions, when information is unavailable through other sources. 12.4 Allow collecting, trapping, or other field research activities only in conjunction with legitimate research consistent with the District's management goals. viii GOALS AND POLICIES 13 Education Goal: Increased public knowledge and appreciation of the natural and I cultural resources of the preserves, and support for their +conservation 13.1 Provide interpretive facilities and materials. 13.2 Provide environmental education outreach and opportunities. 13.3 Use environmental education to gain public support for resource management goals and policies. 13.4 Work with the Public Affairs Program to increase public awareness of resource values. I ix i i it Open Space i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-101 Meeting 94-27 October 12, 1994 AGENDA ITEM Approve Continuing to Hold Closed Sessions Prior to the tart of,Regular Board Meetings GENERAL MANAGER'S RECOMMENDATIO J Approve continuing to hold Closed Sessions prior to the start of the public portion of the Regular Meetings. Direct staff to incorporate your approved changes in the District's Rules of Procedure, along with other minor revisions, and to return to the Board with a resolution amending the Rules of Procedure. DISCUSSION At your June 8 Regular Meeting, you initiated a two-month trial period of holding Closed Sessions prior to the start of the public portion of Regular Meetings. Closed Sessions were to start at 6:30 or 7:00 P.M., depending on the amount of time needed to discuss Closed Session Items. Staff recommends that Closed Sessions continue on a regular basis to be held prior to the start of the Regular Meeting. District legal counsel and staff who normally attend Closed Session have found the 6:30 P.M. Closed Session start time to be productive and a more effective use of time. If necessary, the Board can reconvene into Closed Session at the end of a Regular Meeting to continue its Closed Session discussions. There will be times when it will no t be necessary to hold a Closed Session prior to the start of the public portion of the Regular Meeting at 7:30 P.M. Based on your discussion at the June 8 meeting, staff assumes that a majority of the Board does not support convening the public portion of the meeting prior to 7:30 P.M. Prepared by: Jean H. Fiddes, District Clerk Contact person: Same as above 330 Distel Circle * Los Altos, California 94022-1404 Phone; 415-691-1200 FAX: 41.5-691-0485 Board of Directors:Pete Siemens,Robert M(Kibbin,leena Henshaw,Ginny Babbitt,Nonette I lanko,Belsy Crowder,Win de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-101 Meeting 94-27 October 12, 1994 AGENDA ITEM Approve Continuing to Hold Closed Sessions Prior to the-Start of Regular Board Meetings and Discuss Whether Regular Meetings Should Begi lier an 7:30 P.M. GENERAL MANAGER'S RECOMMENDATION Approve continuing to hold Closed Sessions prior to the start of the public portion of the Regular Meetings. Direct staff to incorporate your approved changes in the District's Rules of Procedure, along with other minor revisions, and to return to the Board with a resolution amending the Rules of Procedure. DISCUSSION At your June 8 Regular Meeting, you initiated a two-month trial period of holding Closed Sessions prior to the start of the public portion of Regular Meetings. Closed Sessions were to start at 6:30 or 7:00 P.M., depending on the amount of time needed to discuss Closed Session Items. Staff recommends that Closed Sessions continue on a regular basis to be held prior to the start of the Regular Meeting. District legal counsel and staff who normally attend Closed Session have found the 6:30 P.M. Closed Session start time to be productive and a more effective use of time. If necessary, the Board can reconvene into Closed Session at the end of a Regular Meeting to continue its Closed Session discussions. There will be times when it will not be necessary to hold a Closed Session prior to the start of the public Portion of the Regular Meeting at 7:30 P.M. Based on your discussion at the June 8 meeting, staff assumes that a majority of the Board does not support convening the public portion of the meeting prior to 7:30 P.M. Prepared by: Jean H. Fiddes, District Clerk Contact person: Same as above 330 Distel Circle * Los Altos, California 94022-1404 Phone: 415-691-1200 a FAX: 415-691-0485 e Board of Directors:Pete siemens,Robert M(Kibbin,Teena Renshaw,Ginny Bahbitt, Nonette Hanko, Betsy Crowder,Wim de Wit Open Space R-94-94 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-27 October 12, 1994 AGENDA ITEM Mid-Year Program Evaluation for 1994-1995 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Spar: District GENERAL MANAGER'S RECOMMENDATION ! Accept the 1994-1995 ram mid-year program evaluation tained in this report and discussed y � g � at the October 12 meeting. DISCUSSION The attached program evaluation material covers the first six months of the 1994-1995 fiscal year. At your October 12 meeting, staff will brief you on additional projects and activities not specifically included in the Action Plan that have required significant staff time. In addition, new projects and activities to be undertaken during 1994-1995 will be discussed. The program evaluation session is intended to lay the foundation for future discussions on the 1995-1996 Action Plan. Prepared by: L. Craig Britton, General Manager Jean H. Fiddes, Administrative Services Manager John Escobar, Operations Manager Randy Anderson, Planning Manager Malcolm Smith, Public Affairs Manager Contact person: L. Craig Britton, General Manager Jean H. Fiddes, Administrative Services Manager 330 Distel Circle a Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 Board of Dire(tors:Pete Siemens,Robert M(Kibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit R-94-94 Page 2 OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations and Special Projects B. Enterprise To Implement the BASIC POLICY OBJECTIVE: The District will purchase or otherwise acquire interest in the maximum feasible amount of strategic open space within the District planning areas. General Program Emphasis for 1994-1995 As a result of continuing economic problems in the state and its potential disastrous effect on the District budget and acquisition funding, efforts will focus on the highest priority, most critical projects, while non-grant funded, lower priority projects will be approached on a long-term option or substantial gift-purchase basis. In the event the California Safe Neighborhoods, Parks, Gang Prevention, Tree Planting, Wildlife, Coastal, Senior Center, Park, Wetlands, Rivers, Forest and Land Conservation Act of 1994 (CALPAW '94) is passed by the voters in June, this action plan will be amended to provide for the additional acquisition efforts that will be needed to respond to the more than $35 million in additional grant funds. Staff Resources (Regular, full-time positions, unless otherwise indicated) Land Acquisition Manager (vacant position on hold) Real Property Representative (one-half time contract position, to be reinstated as a regular, full-time position) Research Attorney Secretary - Open Space Acquisition (one-half time position -- currently recruiting) PROGRESS: • The District has acquired only 8.96 acres of open space land since April 1, 1994, which included two critical trail projects. The District has also obtained an option to acquire the 907-acre Jacques Ridge property. Since CALPAW `94 failed at the polls in June, the District has refined its priority system for analyzing land available for potential purchase. R-94-94 Page 3 1 4-199 Negotiations and Special Projects Subprogram Objective To provide for the acquisition of all real property rights necessary to secure a recreational and open space greenbelt in the foothills and baylands, including rounding out and improving public access to existing preserves and connecting District preserves with other public lands. Key Projects 1. Conserve Limited Acquisition Funds - Convert the budgeted funds in the New Land Commitments budget category into open space lands, at desirable prices, focusing on the highest priority, most critical properties, which specifically round out and improve public access to existing preserves and/or connect to other preserves or other public lands, balancing the desirability of the potential acquisition with the availability of severely limited funds, including, if possible, private financing with favorable terms. PROGRESS: • Of the four transactions completed so far this fiscal year, the Fowkes Ridge Trail Connection between Long Ridge and Skyline Ridge Open Space Preserve and the Novitiate acquisition to reopen the "Old Jones Road" trail at St. Joseph's Hill Open Space Preserve stand out as highly significant. • An option was secured to acquire the highly desirable Jacques Ridge 907-acre property to connect Sierra Azul Open Space Preserve with Santa Clara County Almaden Quicksilver Park, making over 10,000 acres of public land contiguous. At a $6,650,000 purchase price, the funding will include $1,230,000 in mountain lion habitat funds as well as $2,710,000 in cooperative purchase funds from the County of Santa Clara. 2. Alternative Acquisition Methods - Continue to obtain long-term options to acquire properties that might be affordable in future years should the District be successful in obtaining additional funding for land acquisition, including possible passage of CALPAW '94; explore with the Board of Directors at a study session additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals and group, etc.) especially in this time of extremely tight budget constraints. PROGRESS: • Sempervirens Fund has verbally agreed to a two-year extension of the option on a 116-acre Saratoga Gap property. • Other longer-term options are being discussed with landowners, but as yet no agreements have been secured. • A workshop was held on May 18 to brainstorm various open space preservation methods, including fee title, defeasible fee, life estate, co-tenancy, and trail, agricultural, and open-space easements. i R-94-94 Page 4 • A detailed acquisition priorities system has been created to assist in determining what properties the District may seek to acquire in light of limited funding for acquisition. 3. Sell Surplus Properties - Complete a successful auction sale of the "Teague Hill" surplus properties to help fill a critical gap in the District's pledge to Peninsula Open Space Trust to help acquire the former Phleger property in Woodside. PROGRESS: • District staff has contacted a private marketing firm to handle the sale of the "Teague Hill" surplus property with a recommendation to be made to the Board for consideration before the end of the calendar year. • As a result of a legal analysis and after Board approval, staff will be approaching the Town of Woodside in an attempt to secure agreement on the residential density that will be allowed on the surplus sites. 4. If CALPAW 194 is Successful - In the event CALPAW '94 is approved by the voters, return to the Board of Directors with necessary revisions to the action plan in order to carry out the expanded acquisition program made possible by the additional $35 million in grant funds. PROGRESS: • Since CALPAW `94 failed to garner voter approval in June, the land acquisition manager position will remain vacant and the acquisition secretarial position will become a one-half time position. • Based upon the Board adopted priority analysis and the decision to market a limited public note issue, the Board will be having some difficult decisions to make on current options and land acquisition opportunities. • Failure of CALPAW `94 leaves open space acquisition funding in the most restricted condition since the District's inception. This action plan item will be dropped and the Board of Directors will be holding a future workshop to consider alternative funding ideas and direction. 1994-1995 Enterprise Subprogram Qbje iv To manage all of the District's revenue producing activities in such a way as to maximize income from enterprise accounts consistent with Open Space Management policies, incorporating compatible new programs when possible. Kgy Projects 1. Administer Enterprise Accounts - Administer all leases and rental properties, consistent with open space management policies, to maintain and enhance revenue stream through competitive and current rate structure, effective maintenance programs and communication with tenants. R-94-94 Page 5 PROGRESS: • In spite of a spell of unusually brisk turnover, the District residential P � Y , properties remain popular and fully occupied. • The one-third of 330 Distel Circle not used by the District was leased to the Alzheimer's Association at market rates. The association made its own tenant improvements (preserving District cash), and took occupancy in September. 2. Sell Life Tenancies - Aggressively seek opportunities to convert equity in rental properties to capital for land acquisition through development of "lifetime tenancy, term ownership" program for former Bean, Landre and Smith houses. PROGRESS: • Consultation with real estate industry professionals and extensive marketing of program have led to the conclusion that the "term ownership" concept is one with very limited appeal and a very difficult and time consuming process to complete. The District will continue to lease the structures in the meantime. 3. Maintain Rental Structures - Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to increase net rental income. PROGRESS: • An analysis of the physical condition of three houses, and the cost of repairs necessary to bring them to code, led to the recent Board decision that they be demolished. They are the former Mud house (Long Ridge Open Space Preserve), 140 La Honda Road (La Honda Creek Open Space Preserve), and 4185 Page Mill Road (Monte Bello Open Space Preserve). 4. Evaluate Communication Leases - Complete the evaluation and make recommendations to the Board of Director's on the District's communications leases. PROGRESS: • Rental rates for our communications lease program are being increased to current market levels as the terms of each lease permit. • The evaluation process has not yet been developed or presented to the Board. i ............. i I R-94-94 Page 6 OPEN SPACE PLANNING PROGRAM Subprograms A. Advance Planning B. Site Planning and Implementation To Implement the BASIC POLICY OBJECTIVES: The District will follow a land management policy that provides proper care of open space lands, allowing public access appropriate to the nature of the land and consistent with ecological values. The District will work with and encourage private and other public agencies to preserve, maintain, and enhance open space. Program Emphasis for 1994-1995 Having completed several major infrastructure projects, emphasis will shift from capital improvements to overall policy, regional, and site planning to address long-standing use issues and access opportunities. Continue to develop and improve access to existing District preserves. Expand the regional trail system and local connections. Assist in the formulation of policies to guide the use of preserves. Develop and/or implement guidelines for accommodating use while protecting resources and mitigating conflicts. If CALPAW '94 is passed by the voters in June, this action plan will be amended to assess additional support for the Acquisition Program. Staff Resources (Regular full-time positions, unless otherwise indicated) Planning Manager Senior Planner Open Space Planner 11 (2) Resource Planner Planning Technician (2) Planning Secretary* *Half-time position, currently recruiting PROGRESS: • Adoption of Resource Management Policies is the most significant accomplishment yet this year. • Award of four grants this year that were submitted last year shows progress on objectives to maximize grant funding opportunities. • New procedures are being implemented to improve ability to forecast budgets and schedules, and improve coordination with other programs. i R-94-94 Page 7 1994-1995 Advance Planning; Subprogram Qbjectiv Assist with the formulation, review, and refinement of policies, plans, and cost estimates for the management and development of District preserves on a regional or District-wide basis. Work with local agencies on joint planning and implementation projects, to share information, and to encourage planning decisions that support the preservation of open space and natural resources. Key Projects 1. Regional Acquisition Studies - Refine the system for evaluating and prioritizing land acquisitions on a regional basis from a planning standpoint. PROGRESS: • A new system for evaluating and prioritizing potential acquisitions has been implemented, and will be undergoing refinement through ongoing use. 2. Greenbelt Master Plan - Create an overlay map showing existing and planned staging areas and improvements by May 1994. Conduct workshops with the Use and Management Committee starting in June 1994 to: • Review existing and planned improvements • Discuss conceptual buildout of improvements corresponding to completion of the greenbelt • Consider the impacts of operations costs and acquisition tradeoffs • Draft a mission statement for completion of the greenbelt • Review the Basic Policy document in light of the long-range planning studies • Refer the results of the committee review process to the Board for further discussion and public input. PROGRESS: • This project has been delayed approximately five months. A more detailed scope and schedule, and draft examples of the plan format are attached at the end of this section. 3. Resource Management - Develop standards and procedures for applying resource management policies as part of preserve Use and Management Plans and in specific restoration projects. PRQGRESS: • Draft format guidelines for preparing resource management elements of Use and Management Plans have been prepared with assistance of a graduate student intern. • Draft resource management plan for El Corte de Madera Open Space Preserve being prepared as part of Comprehensive Use and Management Plan update. Planned for December 1994 completion. R-94-94 Page 8 • Prepared draft site resources checklist. 4. Dog Access Program - Guide the review of the District's program for access to dogs, and assist with the implementation of any revisions to the program. PROGRESS: 0 Completed and published research report on dog access policies and experiences of other agencies, including criteria and alternatives for amendment of District program. 0 Dog Committee workshop held on October 5 to receive public comment on the program alternatives. 5. G.I.S. Mapping - Continue cooperative efforts with other agencies (Greenbelt Alliance, Santa Clara County, U.S. Geological Survey, Santa Clara Valley Water District, U.C. Berkeley) to create a shared regional computerized map and information database. PROGRESS: 0 Prepared and circulated proposal for shared regional Geographic Information System (GIS). This GIS would be oriented to study natural resources and rural lands. 0 Arranged cooperative study with Santa Clara County using their GIS and MROSD graduate student intern to map property lines over land and resources mapping from USGS. Project in progress. 0 Working with Greenbelt Alliance to organize and implement GIS access and data gathering. 0 R. Anderson taking U.C. Extension GIS class to prepare specifications for specific applications and systems. 1994-1995 Site Planning and Implementation Subprogram Qbjectiv Apply policies, prepare and implement plans on a site-specific basis, including capital improvement, repair and restoration projects, and respond to site-specific use and management issues. Ka Projects 1. Trail Use Elements - Continue to apply the adopted Trail Use Guidelines to resolve conflicts, provide access information in compliance with ADA Plan. Preserves on the current draft Target Use and Management Review Schedule during this fiscal year include: • El Corte de Madera (3rd quarter 1994 as part of comprehensive plan) • Fremont Older (3rd quarter 1994) • Purisima (4th quarter 1994) • Rancho San Antonio (1st quarter 1995) • Long Ridge (1st quarter 1995) R-94-94 Page 9 PROGRESS: • Background trail inventory work completed for El Corte de Madera, Fremont Older, and Purisima Creek Redwoods Open Space Preserves. • El Corte de Madera planning process revised to help address bicycle access issues; first public workshop to be held on October 19. • Fremont Older onsite public workshop scheduled for October 22. 2. Joint Agency Mitigation Projects - Continue efforts to organize, implement projects such as St. Joseph's Hill Open Space Preserve oak mitigation or Ravenswood Open Space Preserve wetland restoration. PROGRESS: • Cooperative agreement from Caltrans for St. Joseph's Hill oak mitigation project, including $45,000 for other trail construction and restoration, is currently being reviewed by staff. • Staff has worked with Caltrans staff to review and confirm preliminary plans as consistent with Board-adopted concept plan for St. Joseph's Hill oak mitigation project. • Working with a volunteer to prepare a catalogue of potential sites for mitigation or restoration projects. 3. Capital Improvement Project Planning and Implementation Skyline Area • Skyline Ridge - Field office design, technical studies, use permit process; Daniels Nature Center interior improvements design and phase I construction, utility extension; Ridge Trail connection to Long Ridge Open Space Preserve • Windy Hill - Underground utilities to prepare for staging area construction PROGRESS: • Field office design in progress, and permit applications submitted. • Phase I Nature Center improvements design revised; proceeding with limited implementation per Board authorization on September 28. • Working on arrangements with Town of Portola Valley to combine undergrounding of utilities with Town project. Foothills Area • Pulgas Ridge - County permit process and obtain easement on San Francisco Water Department land, demolition of the former sewage treatment plant, and staging area construction • Sierra Azul - Mt. Umunhum Area resource background studies, Kennedy Road staging area use permit • St. Joseph's Hill - Reopening and improvement of Old Jones Trail (joint project with Town of Los Gatos), improvements to new Jones Trail PROGRESS: • Pulgas Ridge project in progress; waiting for San Francisco Water Department response on request for easement. • Mt. Umunhum resource studies on hold pending request for proposals process. R-94-94 Page 10 • Jones Trail reopened to public; fencing component in progress. 4. Former Almaden Air Force Base - Mt. Umunhum • Complete building inventory, evaluation, and preliminary use studies. • Facilitate public workshop on potential uses of viable structures. • Implement maintenance and/or demolition of identified structures as appropriate and within budget constraints. PROGRESS: • Building inventory completed. • Draft request for proposals anticipated to go to Board for approval on October 26. • Public meeting in Los Gatos and follow-up site tour planned for November. areenbeft General Plan 1995 ro}eot Schedule 0122W OCIOW November December danwry Febn—y Mardi April May dune duly Task ,F101 17 24 31 7 14 2/ 20 S 1 12 1 19 1 26 1 2 9 16 23 30 9 13 20 27 6 13 20 27 3 10 17 24 1 0 1! 22 29 5 12 19 26 3 10 17 Present process 10 staff and board Prep ezh-bib shcMG and planned Improwmenb +. . . Operations to identify management ooats f Prepare acquiprogram soenarioa '3 x >.. Prepare drag mission statements ; k Mgmt.Teamt slaff y-input.Process Refine process and presentation oerd public bPut Refine process and presentation 0.Mgmt.Teand stall oft ecenerios i.Board pubes detail albmadw scenarios 2 Prepare draft General Plan report a Mgmt.Team!staff vrorkshop-draft plan 4.Board public workshop draft plan i Revise draft plan S.Board public woritabop,final draft plan T.Revise draft plan S Board adopts Greenbelt General Plan ��r GREENBELT GENERAL PLAN Proposed Project Scope 10/5/94 The proposed study is an outgrowth of four tasks that were assigned to staff as a result of a Board workshop on overall goals and objectives held in January, 1994. In the FY 94/95 Action Plan these tasks were organized into a proposed "Greenbelt Master Plan" study process. Staff has developed the following detailed scope of work and schedule to accomplish these tasks. The ultimate objective is to provide a "snapshot" of the desired greenbelt when it is completed. The process has been designed to provide direct public participation in workshops with the Board to create this general vision for the greenbelt. The title has been changed from "Master Plan" to "General Plan" to better reflect the nature of the Study. The proposed tasks are as follows: 1. Review the proposed process and reference materials with staff and the Board. 2. Prepare map exhibit that shows existing and currently-planned trails and staging over currently owned properties. Summarize the improvements in a table. 3. Operations to work with Planning to identify relative management cost factors associated with acquisition, capital improvement, and program alternatives. 4. Prepare a conceptual plan graphic system to allow presentation of potential Greenbelt recreational build-out scenarios without emphasizing site-specific acquisitions. (May take a "board game" approach). Use graphic examples from other planning studies, general plans, and secure advice from other planners. 5. Prepare a set of draft District mission statements for review. 6. Hold workshop(s) with Management Team and staff to review the proposed process for developing the Greenbelt General Plan, record input on process and ideas about the future Greenbelt. 7. Refine the process and presentation materials. 8. Board public workshop*: review the basic policy of the District, review a draft Mission Statement, review the general range of improvements existing and proposed, take input on ideas for the future greenbelt. * An informal staff-selected public task force could be formed from interested persons after the workshop to follow the General Plan process and provide research or comments on specific issues. 9. Refine the process and presentation materials. Prepare some alternative scenarios for recreational build-out using the system identified under task 4 (may include alternatives for timing as well as acquisition, improvement, programs). 10. Hold workshop(s) with Management Team and staff to get input on the greenbelt i recreational build-out scenarios. Include detailed review of existing capital improvements. Relate the scenarios to cost and basic policy considerations. 11. Board public workshop; detailed review of existing and planned improvements. Review and comment on the alternative greenbelt scenarios. Relate the scenarios to cost and basic policy considerations. 12. Prepare draft report and Greenbelt General Plan diagram. Report to include District Mission Statement, general policy direction on relative timing and ultimate extent of acquisition, improvement, use and programs. 13. Hold workshop(s) with Management Team and staff to review on the draft Greenbelt General Plan report. 14. Board public workshop to review draft Greenbelt General Plan report. 15. Revise draft plan as appropriate. 16. Board public workshop on draft final plan. 17. Revise draft plan as appropriate. 18. Adoption of Greenbelt General Plan and diagram, District Mission Statement, and amendment of Basic Policy, if appropriate. R-94-94 Page 11 OPERATIONS PROGRAM Subprograms A. Field Operations B. Volunteer and Docent To Implement the BASIC POLICY OBJECTIVE: The District will follow a land management policy that provides proper care of open space lands, allowing public access appropriate to the nature of the land and consistent with ecological. values. Program 1 4-1 gra Emphasis i p as s for o 99 995 Continue to provide responsible stewardship of District lands. In accordance with trail use policies and guidelines, increase efforts in public education and volunteer participation. Increase the use of District lands and facilities as an environmental education resource. Traditional operations program activities such as ranger patrol, resource protection, and maintenance and construction responsibilities will continue to demand the majority of the program's resources. PROGRESS • Foothills field staff completed a major extension of the Pulgas Ridge equal access trail. • New trail construction at Russian Ridge has extended the Ridge Trail north along Highway 35 to Rapley Ranch Road. • California Department of Forestry/California Youth Authority conservation crews worked over 2,000 staff hours on trail maintenance and resource management projects on District land this summer. • Restrooms at Monte Bello and Russian Ridge Open Space Preserves were retrofitted with concrete vault tanks. • New Board-approved Employee Residence Policies were implemented July 1. • Shortly after field staff moved in to the new Foothills field office, open-house events were held for the public, staffs of other organizations, and District staff. • Field staff completed the installation of new trailhead regulatory signs at approximately 150 locations. • In response to public requests, staff has encouraged docents to provide more equally accessible activities and activities appropriate for families with children. • Staff conducted a written survey of current volunteers. Results of the survey indicate that the majority of the respondents are very satisfied with their experience as District volunteers. Staff has implemented some of their suggestions for improving the volunteer program. R-94-94 Page 12 District volunteers continued their enthusiastic support of open space by contributing over 1,700 hours to a variety of projects in the office and on the preserves. Staff Resources (Regular, full-time positions unless otherwise indicated) Operations Manager Area Superintendents (2) Visitor Services Supervisor Support Services Supervisor Supervising Rangers (4) Docent Coordinator Volunteer Coordinator (one-half time) Secretary Rangers (11 currently; increase to 12)* Equipment Mechanic-Operator Lead Open Space Technicians (2) Open Space Technicians (5) Seasonal Open Space Technicians (6 temporary positions) *Hiring process for one additional ranger position is underway. I R-94-94 Page 13 1994-1995 Field Operations Subprogram Qbjeci To provide responsible stewardship of all District lands by furnishing those public safety, maintenance, and resource protection services necessary and appropriate for effective management of District lands. Key Projects 1. Special Use Policies - Develop draft special use policies for Board adoption. PROGRESS • Staff is reviewing and editing the draft document. Staff plans to present the draft to the Use and Management Committee after the first of the year. The special use policies should be ready for Board adoption before the end of the fiscal year. • The current draft document will address only non-commercial special use activities on District land. Commercial use will be addressed separately. 2. Computer-Enhanced Operations - Implement computer-assisted maintenance management and special use permit system to improve efficiency. PROGRESS • Staff researched various software packages for permit reservations and event- scheduling administration, as well as parks maintenance management systems. It is unlikely that all the District's operational needs can be met by a single software package. • Staff intends to purchase software for permit reservations and event scheduling after the first of the year. The system should be up and running for spring activities. • Computer equipment in use at the field offices is insufficient to properly run currently available maintenance management software and upgrading will be considered as a part of the 1995/1996 budget preparation. 3. Trail Use Guidelines - Continue the implementation of Board-adopted trail use guidelines. PROGRESS • Field staff implemented the use of radar to increase public awareness of visitor safety and multiple-use trail etiquette. In the past six months, approximately 500 staff hours have been devoted to staffing trail use education and speed awareness stations. • The ranger bike patrol pilot program has logged 200 hours of patrol. Generally, it has-been positively received by all user groups. • Trail Patrol volunteers have spent approximately 650 hours patrolling District trails. These volunteers continue to monitor trail conditions and provide information to the public. This fall thirty new members will join this popular R-94-94 Page 14 program, nearly doubling the number of trail patrol volunteers. • Trail construction and modification projects at Coal Creek, Pichetti Ranch, St. Joseph's Hill, and Saratoga Gap have mitigated several significant trail use problem areas. • Public outreach efforts continue with the assistance of the Public Affairs Program. Timely press releases have kept multiple-use trail conflicts in the spotlight. Staff continues to make presentation to user groups upon request. • Staff continues the phased implementation of trail use regulations adopted by the Board in 1993. Various members of the field staff have i planning assisted g an g staff in the collection of trail inventory data. 4. Deer Hollow Farm - Work closely with City of Mountain View staff to provide for the continued operation of Deer Hollow Farm. PROGRESS • In June, the Board approved a one-year agreement with the City of Mountain View and the County of Santa Clara to jointly fund the Deer Hollow Farm program. • A District open space technician is currently assigned as a full-time maintenance worker at the farm. • Staff started meeting this month with City of Mountain View staff to discuss the long-term operation of Deer Hollow Farm. • The District's participation in the funding of Deer Hollow Farm has enabled more schools within the District to attend field trips to the farm. Approximately 90% of the school classes visiting the farm this year will be from schools within the District boundaries. 1994-1995 Volunteer and Docent Subprogram Objectivg To encourage active public participation in the maintenance, restoration, and protection of the District's natural resources, and provide cultural, historical, and environmental education opportunities to the public. Key Projects 1. Environmental Education - Explore expansion of the docent program to include a focused environmental education program for school children PROGRESS • Staff conducted a survey of local organizations that offer environmental education programs to school groups. Results of the survey indicate a significant need for additional programs to meet the existing demand. • Staff met with Directors de Wit, Henshaw, and Siemens to discuss development of an environmental education plan for the District. Staff anticipates completing a draft plan during the first quarter of 1995. R-94-94 it it Page 15 • Staff is exploring potential cooperative projects with the Environmental Volunteers, such as docent training and Daniels Nature Center staffing. 2. Daniels Nature Center - Initiate a series of public nature programs at the Daniels Nature Center as an interim use of the building until funding for the proposed exhibits can be secured. PROGRESS • Docents will be conducting a monthly series of Sunday afternoon nature programs at the Daniels Nature Center this fall. The center will be open to the public on these days. • Staff has created and set up several temporary plant and wildlife displays in the Daniels Nature Center. A display showing the exhibit plans for the center, along with a fund raising brochure, is included. R-94-94 Page 16 PUBLIC AFFAIRS PROGRAM Subprograms A. General Public Information and Outreach B. Legislative and Organizational Relations C. District Funding To Implement the BASIC POLICY OBJECTIVE: The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage public communication and involvement in District activities. General Program Emphasis for 1994-1995 Build on the 1993-1994 public affairs activities to expand and continue outreach to a wider public audience, particularly in geographic areas that have previously not been reached with the District messages; continue implementation of the public affairs plan in order to increase the positive perception of the District in the community and with other agencies and organizations. Staff Resources Regular, full-time positions unless otherwise indicated) Public Affairs Manager Public Affairs Assistant PROGRESS: • The Public Affairs Program is successfully reaching a wider public audience with District information, based on survey results which show an increase in District name recognition. • A large direct mailing of Spanish-language fact sheets was implemented, reaching a new audience of over 13,000 Spanish-speaking constituents throughout the District. • Officials and members of local chambers of commerce were also a new target audience reached with District information. • So far this fiscal year, 31 displays or presentations were made by District staff or Board members (averaging five per month), reaching literally thousands of people, many for the first time. In addition, 16 press releases have been issued resulting in numerous stories in the print media, as well as coverage by several regional radio stations. • The District was awarded the American Society for Public Administration's "Outstanding Public Program, 1994" for last year's Kids' Art of Open Space program. • Development of the new visitors map continues, with distribution to each household in the District scheduled for February, 1995. R-94-94 Page 17 1994-1995 General Public Information and Outreach Subprogram Qbjectig To generate additional support among the general public for completing the greenbelt by increasing the positive perception and awareness of the District's mission, objectives, accomplishments, programs, and effective management of public lands and financial resources. Key Projects 1. Annual Report - Publish a District 1993-1994 Annual Report in June 1994, followed by three regular issues of Open Space News. PROGRESS: • The Annual Report was produced and distributed on time and the other i epo p ethree sues of Open Space News are on schedule. 2. Kids' Art of Open Space - Coordinate a Kids' Art of Open Space project, modeled on the event held in 1993, and consider making it an annual event. PROGRESS: • Sponsorship of this event was sought from the San Jose Mercury News, which declined to participate. • Target date for this event is now spring of 1995, and corporate sponsorship may be sought. 3. Community Information Meetings - Conduct community information meetings in all geographic areas to introduce new general manager and/or to bring information to constituents, including at least one meeting in the Skyline area. PROGRESS: • These meetings were postponed until after the November, 1994 elections. 4. Public Event - Organize at least one large-scale District public event, such as a preserve open house or dedication event. PROGRESS: • This event is expected to take place in spring of 1995. 1994-1995 Legislative and Organizational Relations Subprogram Qbjectiv To preserve existing sources of funding for 1994-95 and future fiscal years and to secure legislation which will generally benefit the District; work towards long-term protection of District's funding sources; and to inform other public agencies and private organizations about the District's activities and goals. R-94-94 Page 18 Key Projects 1. Lobbying Efforts - Work with the general manager and the District's Sacramento lobbyist to preserve current and future state funding for the District. PROGRESS: • This is an ongoing goal, and was successful through the end of the legislative session. • The District's 1995-1996 Legislative Program was developed by staff and approved by the Legislative, Finance, and Public Affairs Committee, and adopted by the Board of Directors on September 14, 1994. This program contains several new items of specific legislation which will be brought to the District's legislators, from whom support will be solicited. 2. Protection Of District Funding - Work with East Bay Regional Park District to provide for long-term protection of District funding, including possible modification of appropriate Public Resources Code sections. PROGRESS: • East BayRegional Park District is the lead agency n i i will e c o this issue, and wi renew g g Y efforts, with the District's support, at the start of the next legislative session. 3. CALPAW '94 - Provide the public with complete information on the benefits and potential impacts on the District of CALPAW '94. PROGRESS: • Balanced information was provided to District constituents through a number of different methods. 4. VIP Site Tours - Arrange VIP tours of District sites for local elected officials and staff in the late spring or early summer. PROGRESS: • The Santa Clara County VIP tour was held in May. • The San Mateo County tour took place on October 1. 1994-1995 District Funding Subprogram n Qbjecliv To prepare the District to take appropriate action depending on whether or not CALPAW '94 is passed by the voters. Key Projects 1. Public Opinion Poll - Conduct at least one tracking poll to determine progress in District awareness-building and to measure the public's propensity to support a funding measure for R-94-94 Page 19 the District. Include questions to determine the public's opinion on the appropriate level of development of recreational improvements and opportunities. PROGRESS: The public opinion poll, originally intended as a tracking poll, was modified in order to determine the public's willingness to support a possible funding measure for the District on the November, 1994 ballot. The District decided not to pursue a ballot measure at that time. The poll also served as an indicator of any changes in the public's perception of the District, and showed an increase in overall name recognition. 2. Friends of Open Space - Support the establishment of a District Friends of Open Space group that may be the focal point of a future funding campaign • This was initially brought before the Legislative, Finance, and Public Affairs Committee, which deferred discussion and referred the issue to the full Board for discussion at an upcoming Board workshop. 3. Funding Measure - Coordinate any necessary District activities related to a future funding measure, and work closely with the Legislative, Finance, and Public Affairs Committee and the Board on all issues related to a future funding measure. • Preparations for a possible ballot measure were made by staff, including bringing all relevant information to the Legislative, Finance, and Public Affairs Committee, preparing and administering the public opinion poll, and drafting ballot text and ballot argument language. On the recommendation of the Legislative, Finance, and Public Affairs Committee, the Board decided not to pursue a ballot measure at this time. R-94-94 Page 20 ADMINISTRATION PROGRAM To Implement the BASIC POLICY OBJECTIVE: The staff of the District will administer the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. General Program Emphasis for 1994-1995 Instill vision and provide leadership to foster participation and activities to carry out the District's short and long-term goals and objectives. Revise the Strategic Plan to better reflect how the District will achieve these goals and objectives in the coming years. Maintain the District's viability as an open space acquisition and management agency in light of potential reduction of property tax revenue resulting from the state's fiscal crisis. Staff Resources (Regular, full-time positions unless otherwise indicated) General Manager Legal Counsel (part-time under retainer) Controller (one-quarter time) Administrative Services Manager/District Clerk Administrative Analyst Office Manager/Secretary to the General Manager Accounting Specialist Secretary Receptionist (one-half time) PROGRESS: • District continues to approach its property tax funding cautiously in light of the state's financial situation. Appears that January budget deliberations by new state legislature will be next major financial hurdle. • General manager, management team, and all staff put in focused efforts during first six months of fiscal year to carry out District activities prescribed in the Action Plan. R-94-94 Page 21 1994-1995 Administration Projuam. Qbjective: To provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board's policies and directives, to implement the Strategic Plan, and to maintain the District's viability as an open space acquisition and management agency. Key Projects 1. District Funding - Pursue legislation and alternative sources to secure existing, as well as additional, funding for the District to maintain its viability and to meet acquisition and open space management needs. Continue to provide multi-year information/scenarios on District's long-term finances and to address the need to rely on the availability of grant funds for major development projects. 0 The District was exempted from the reduction of property tax revenue during the state's 1994-1995 budget deliberations, but continues to approach its property tax funding cautiously in light of the state's financial situation. 0 Board approved a net reduction of$265,950 (4.8%) in the 1994-1995 operating expense budget of$5,530,400 at August 24, 1994 meeting. 0 District controller M. Foster has provided income updates and multi-year cash flow projections on several occasions. 0 In September, Board initiated issuance of approximately $16.1 million of 20 year notes for refinancing previous notes and new land acquisitions. 0 Work continued with District lobbyist to develop a strategy for long-term protection of District funding sources. 2. Effect of CALPAW194 - Refocus District's activities as necessary depending on the outcome of the CALPAW'94 vote in June. PROGRESS: 0 Proposition 180's failure is being addressed on several fronts: a) Land Acquisition Manager position will not be filled at this time. b) Operating expense budget adjustments approved in August. C) Discussions initiated on the formation of a citizens' advisory committee and/or alternative funding committee d) Detailed acquisition priorities system created to assist in determining what properties the District may seek to acquire in light of limited funding for acquisition. 3. Joint Meetings - Coordinate joint meetings with the Board of Directors and the Park and Recreation Commissioners and key staff of Santa Clara and/or San Mateo County to discuss topics of mutual interest in each county. PROGRESS: 0 A joint meeting with the San Mateo County Parks and Recreation Commission held on July 7, 1994 to discuss topics of mutual interest. R-94-94 Page 22 4. Human Resources - Carry out District's personnel and labor relations functions, including continuing implementation of staffing reorganization plan if funding is available. PROGRESS: • Hiring process complete for real property representative position and in progress for secretary-planning and ranger positions. • Various staff committees remain active -- staff safety committee, field uniform committee, and "fun" committee. • Employee steering committee has been focusing efforts on 9-80 trial program and short/long-term disability coverage. • A staff newsletter, , f�, now being published every six weeks. 5. Acquisition Goals - Refine process by which staff and Board members coordinate short- and long-term goals and objectives for acquisition. PROGRESS: • A workshop on open space preservation methods was held on May 18, 1994. • In July 1994, staff presented to Board charts on acquisition priorities based on functions of open space and other factors to rate each property as it relates to overall District goals. 6. Strategic Plan - Working with the Administration and Budget Committee prior to presentation to the Board, revise the Strategic Plan to reflect the District's short and long- term g g term goals and objectives. PROGRESS: • No action to date. This project directly tied to completion of greenbelt master plan project and will not be completed in fiscal year 1994-1995. Open Space 1 Amy R-94-103 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-27 October 12, 1994 AGENDA ITEM Solicitation of Bids for Fencing Project to Reopen Old Jones Road at St. Joseph's Hill Open Space Preserve GENERAL MANAGER'S RECOMMENDATION 1. Authorize staff to solicit competitive bids for installation of chain link fence at St. Joseph's Hill Open Space Preserve. 2. Authorize the general manager to accept the lowest responsible bid, not to exceed the remaining budget of $35,000, and award the contract. DISCUSSION At your July 27, 1994 meeting, you authorized purchase of 0.784 acres of property owned by the California Province of the Society of Jesus (Novitiate) in order to reopen the historic Jones Trail (see report R-94-81). You also adopted the Preliminary Use and Management Plan recommendations which included installing fence along the east boundary of the property as required by the purchase agreement. At your September 14, 1994 meeting, you adopted the St. Joseph's Hill Comprehensive Use and Management Plan which also included a recommendation to install the fence as required by the purchase agreement (see report R-94-90). The project entails installation of approximately 1,800 feet of chain link fence and one 12-foot wide gate. The historic alignment of the Jones Trail was recently cleared and graded for trail use and to provide vehicle access for the fence construction. Because the newly cleared trail is adjacent to the Novitiate property boundary, staff would like to complete the fence construction as soon as possible to prevent any trespassing on the adjacent Novitiate property. Rainy weather could also delay the project if it is not underway soon. The purchase agreement requires that this fencing project be completed within 90 days following the close of escrow. Escrow closed on August 26, 1994. Because of the time constraints on this project, staff is asking that you authorize the general manager to accept the lowest responsible bid not to exceed $35,000 and to award the contract accordingly. Normally staff would return to you with bid results and a recommendation to award the contract. However, the Board may delegate this authority to the general manager. Staff is requesting that the Board do so in this instance to expedite this project. 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit R-94-103 Page 2 Bud2e The 1994-1995 fiscal year budget includes $40,000 for reopening the historic alignment of the Jones Trail and installing the chainlink fence. The estimated cost for the fence project is $30,000. The anticipated cost of the Jones Trail clearing and grading work is $5,000. The $5,000 remaining in the budget should cover unanticipated expenses for the fence project. Prepared by: Sheryl Marioni Cochran, Open Space Planner Contact person: Same as Above MEMORANDUM October 5, 1994 TO: Board of Directors FROM: Susan Dale SUBJECT: City of Brisbane Invitation Lee Danza from the City of Brisbane called to correct the date on an invitation to an event which was mailed to the Board. The date of Saturday, October 22 should be changed to Saturday, December 3. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: October 6, 1994 SUBJECT: FYI i I 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit f�yhh&60//fqe twd,tlr, ,d ay�i�ea Ri Se frail 6?omal t•e9uert t/re%leawarel o Jorn,coiro aim at Me, dect<c atioit ceiierroiu Me.Adl ire Collie .section pft/re May,16w '' iVye frailTM a 4�ykiel G'oll yel caoomwl ,�ffaiW G0eatiw-1,lT' Wer (96&wzal one-1 ou/•Acl�yye 91-Yrrllrdew(Al q�eatio�, OeW o -IT, 094 Vlow the,creation eerernot": for iiynmratiori ca//fie�rl/ic ��iivnrrtr'nn r�fice (414) 7 V-4.yzr J�ylrte �ol�lefe 3300 �o/%e C ri e, 4 66' Jan �3iYuto, G'�9 U Open Space N MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 5, 1994 Ms. Sally Perham Chaves 962 Scorpion Place Fremont, California 94539 Dear Ms. Chaves: The entire Board of Directors joins me in expressing our most sincere condolences to you and your family on your aunt's death. We thank you for your September 15 letter informing us of Jane Perham Shoemaker's passing and proposing that a trail at Rancho San Antonio Open Space Preserve be constructed and named in her honor. The Rancho San Antonio Preserve is one of the District's most popular preserves, and it is especially enjoyed by . families, many of whom have come to cherish it as your family does. We recognize that Rancho San Antonio Open Space Preserve will always have a very special significance and family memories for you and the other members of the Perham family. I'm sure your aunt would feel very honored to know that many of her family members and friends are interested in working with the District with the idea of constructing a trail in her memory. A copy of the District's Site Naming and Gifts Recognition Policy is enclosed for your information. Your request will be forwarded to the Legislative, Finance, and Public Affairs Committee, the Board-appointed committee that considers these items. That committee is expected to discuss your proposal at its October 27 meeting. You are welcome to attend this meeting at the District office; the meeting will begin at 11:00 a.m. Director Nonette Hanko of Palo Alto is the chair of this committee and could answer any questions you may have. She can be reached at (415) 494-0796. District staff is also reviewing the Use and Management Plan for Rancho San Antonio Open Space Preserve to determine if there are currently plans for additional trails and/or other projects that might fit your needs, as well as the potential costs of such trails and/or projects. Memorial trails normally require a significant financial contribution to the District; such a contribution could perhaps be augmented by volunteer trail building efforts. Thank you again for writing to propose a trail dedicated to your aunt, Jane Perham Shoemaker. Sincerely, Ginny BabtSitt President, Board of Directors cc: Board of Directors 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 Board of Directors:fete Siemens,Robert M(Kibbin, Ieena Hensbaw,C;inny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith October 4, 1994 Public Affairs Manager (415) 691-1200 Open Space District Schedules Two Public Workshops : El Corte de Madera Creek Open Space Preserve Fremont Older 'Open Space Preserve Los Altos, CA -- The Midpeninsula Regional Open Space District has scheduled two public workshops to discuss trail use designations, and formulation/amen&nent of Comprehensive Use And Management Plans. The El Corte de Madera Creek Open Space Preserve workshop is scheduled for 7:00 p.m., Wednesday, October 19, 1994 at the Mountain View Community Center, 201 S. Rengstorff Avenue in Mountain View.This workshop is a follow-up to a February, 1994 on-site workshop held to discuss trail use issues and the increase in use of unmarked(undesignated)trails at that preserve. This workshop is the next step in gathering information from the public in order to formulate a Comprehensive Use and Management Plan for El Corte de Madera. The plan is tentatively scheduled for review by the District's Board of Directors in late 1994. Input from the community is sought on the development of a Comprehensive Use and Management Plan, and appropriate trail use designations for this preserve. The Fremont Older Open Space Preserve workshop is scheduled for 9:00 a.m., Saturday, October 22, 1994 in the parking lot of Fremont Older Open Space Preserve, located at the end of Prospect Road, 1.5 miles west of its intersection with Stealing Road. Participants should meet at the preserve parking lot, after which the group will hike approximately 1 mile to Hunter's Point.. Rain will cancel the workshop. In the event of cancellation,please call (415)691-2153 for the rescheduled date. An amendment to the Fremont Older Comprehensive Use And Management Plan is tentatively scheduled for review by the District's Board of Directors in November, 1994. The purpose of the proposed amendment is to establish trail use designations for each trail on the preserve. The public is invited to provide input on trail use designations. (more) 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton I N � Trail use designations determine which trails are suitable for each type or combination of uses (hiking, biking,horseback riding), in order to reduce possible conflicts between different trail users and to help ensure a safe,pleasant experience for all preserve visitors. These designations will be based on an evaluation process that examines the typical trail characteristics,historic trail use,potential and actual trail use conflicts, compatibility of adjacent trail use,potential improvements, constraints,and mitigation measures. The Midpeninsula Regional Open Space District, extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 36,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat, watershed, and a variety of ecosystems,restores damaged natural resources,and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment,and to preserve open space for future generations to enjoy. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards,each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m.,at the District offices. Consulting f Corp September 30, 1994 � U d ° LL a Jo Combs Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Ms. Combs: On behalf of Hewlett-Packard and myself, thank you for your participation in the HP Palo Alto health fairs. The events were successful due to the enthusiastic involvement of organizations such as yours. 1 am particularly grateful for the sheer volume of information you provided, and the feedback from HP employees has been extremely positive. Please extend my gratitude to both Malcolm Smith and Brian Malone, as well. I hope we will have the opportunity to work together again in the near future. Sincerely, i AKayy . Knowles co co L co 00 N 00 O X f0 LL L0 N ui 00 0 N 00 O 1315 Hanchett Avenue San Jose, California 95126 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: October 12, 1994 SUBJECT: FYI Open Space r _ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTEROFFICE MEMORANDUM TO: ALL EMPLOYEES i FROM: C. Britton, General Manage SUBJECT: General Manager Performance Evaluation • The District Board of Directors has worked with me to develop a new and improved performance evaluation process that is more open and inclusive. It is planned that this evaluation will occur twice yearly, as with all other District employees. In order to include the possibility of input from all District employees, I have attached a copy of the performance appraisal categories in an evaluation format. You are encouraged to fill this form out and return it to the District office to the Board's attention, or if you wish, mail it directly to the Board of Directors: c/o Teena Henshaw, 1151 Pome Avenue, Sunnyvale, CA 94087, In this way, all comments will be kept confidential by the Board and used collectively in completing the evaluation of my performance. Including your name on the form is optional; however, it would be appreciated by the Board if you feel comfortable. Please return completed forms on or before Friday, October 21, 1994, so your input can be included in the evaluation process. 330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton � M October 7, 1994 Similar letter sent to candidates for various elective offices within District boundaries. Name Address City, State, Zip Dear Greeting: As a candidate for the (seat), we feel it is important that you have some basic information about the Midpeninsula Regional Open Space District's history,programs, activities, and objectives. The District often has contact with the (legislative body)on issues of mutual concern, and in the interest of maintaining that relationship, I'm happy to provide you with the enclosed material that I hope you will find useful and educational. Enclosed is the District's fact sheet, basic policies brochure,master plan, and a sampling of our site maps. Please feel free to contact me if you would like further information, or have any questions about the District. In addition, I would be happy to meet with you at any time to discuss the District's programs, and how we work with the (legislative body). I look forward to hearing from you to schedule such a meeting. Sincerely, L. Craig Britton General Manager LCB/mcs cc: Board of Directors | ��-------'' � Claims No. 84'18 K8eabnQB4-27 � Date: Oct. 12. 1994 � REVISED � � K0|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --- . -__-- Aaron's Septic Tank Service Sanitation Services � 6506 320.84 Acme & Sons Sanitation Sanitation Services 6506 80.99 Randy Anderson Reimbursement--Office Supplies 6607 32.12 Barron Park Supply Company Plumbing Supplies � 6508 25�00 Bay Muffler Vehicle Repair ' � 8509 300.00 Craig Beckman Reimbursement--Tuition � 6610 151.55 Best Sanitation RaatnoomF�enta|� 6511 1.569.58 Big Creek Lumber Redwood Posts and Railroad Ties 6512 364.00 ° Diane Blackman Reimbursement--Recording Fees 6513� 18.50 Black Mountain Spring Waterer Water Service � 6514 45.00 DaveBoora Docent Training 6515 11.918.00 LouioBondi Road Grading 0516 135.85 Brian KengaaFou|h Consulting Services 8517 58.18 Bridge Radio Communication, Inc. Radio Supplies 6618 108.09 CodeeoBruinm Reimbursement--Equipment 6519 938.20 Coba|o'e Inc Uniform Expense � 8520 100.14 Cal-Line Equipment Company Equipment Maintenance � 6521 258.06 C|grh'e Auto Parts & Machine Shop Vehicle Parts and Repairs 0522 59.54 CoambaideProflerne Propane Fuel 6623 208.24 Bunny Congdon Volunteer Patrol Vests 6524 1'850.00 ToniCore||i Botanical Inventory 6525 167.69 Alice Cummings Reim burmernent-ConferonceExpenses 6526 150.00 Fo|onyJeep Vehicle Repairs 6527 64.38 JnanHddeo Private Vehicle Expense 8528 25.00 Flinn, Gray & Hodahnh Insurance � | 6529 168.85 Foster Bros. Security Systems, Inc. Locks and Keys 6530 43.12 G & KServices Shop Towel Service 0531 100.00 Andrew Go|van Docent Training 6532 253.21 Gerden|ond Power Equipment Equipment Repairs and Maintenance 8533 148.84 <3oodooPresm Printing 6934 104.31 yWary{3unded Private Vehicle Expense 8535 297.70 Harkins Sign Company Sign 6536 439.83 Hangeho|d Truck Rentals Vehicle Rental ' 0537 752'34 Hertz Equipment Rental ' Equipment Rental 6538 475.00 The Home Depot Field Supplies � 6539 178.60 Image Technology, Inc. Artwork 6540 2.795.02 JedoPub|icaUonm. Inc. Brochure Printing . 6541 33.47 Keeb|e& ShuchatPhotography Photo Processing 6542 735U Lob0�Nsb/ Gupp|y Inc. ofahy8ign�ond ��rhn�daa � | � ^ ' � � 6543 4.656.00 Langley Hill Quarry Underground Tank Installation ' 6544 349.50 Lanier Worldwide, Inc. Photocopier Maintenance Agreement � 8545 49.11 Judy Law Reimbursement-Office Supplies 6546 502.88 Los Altos Garbage Company DurnpnberRento| 6547 900.00 The LynsbzneeOrchestra Staff Recognition Event-Enbertainrnmnt } 8548 4.7S0�85 yWanwin (Buchv\ K8ace Consulting Services � ^' 8549 489.00 Meyer Appliance Appliance--Enterprise 8550 2.533.33 Micro Accounting Solutions Consulting and Computer Software Page � Claims No. 94- 0 � Meeting 94-27 � Date: Oct. l2. 18B4 REVISED K8|DPEN|M8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6551 235.82 Minton's Lumber&Supply Field Supplies / 0652 475.00 Mobile Radio Resources License 6553 38.97 Moffett Supply Company Sanitation Supplies 6554 818.37 Monogram Sanitation Sanitation Supplies 6555 95.00 Roger Myers Docent Training 6558 280.00 1B04 National Interpreters'Workshop Conference RegistraUon-C. Bruins 6557 186.90 National Glass Vehicle Repair 6558 190.00 National Safety Council Membership Dues 6559 350.00 °° The New Leaf Lunches for VIP Tour 6560 1'152.80 Noble Ford Tractor' |n&. Tractor Parts 8981 35.33 Northern Energy Propane Fuel 6562 380.00 Ranhe| C>ppadah| Consulting Services | 6583 548.33 Pacific Bell Telephone Service � 0584 14.95 Pacific Publishers Resource Materials 6585 73.65 LonoPobarmon Reimbursement--Uniform Expense 6566 198.20 Peninsula Blueprint ReproQnaphioCenters B|ue|ineo 6587 253.78 Rabbit Copiers Maintenance Agreement 8568 13.82 Rancho Hardware Field Supplies 6669 4.000.00 Robert C. Reese&Associates Appraisal Services 8570 138.51 Rich's Tire Service Tires and Repairs | 6571 59.06 Roberts& Brune Company Field Supplies | | 6572 102.77 Roberts Hardware Field Supplies / 6673 1.256.43 Roy'o Repair Service Vehicle Maintenance and Repairs � 0574 57.37 Russ Enterprises, Inc. Field Supplies 6575 80.61 S&VV Equipment Company Equipment Repairs 8576 882.56 Santa Clara County Sheriffs Department Patrol Services 6577 303.01 Scotts Valley Sprinkler& Pipe Supply Culverts 6578 20.00 Select Newspaper Group Subscription 8579 284.05 Shell Oil Company Fuel 6580 291.84 Shelton, Inc. Drainage Supplies 6581 55.23 Smith Equipment Tractor Part � 0582 2.274.43 JanmSohm|e Consulting Services � 8583 835.00 Special Products Company Sun Control Film Installation 8584 675.02 Stevens Creek Quarry, |nc. Base Rock 6585 186.15 Summit Uniforms Uniform Expense 6588 1'300.00 Toltec Inspection Service Consulting Services 6587 67.50 TnanoCom Communications Research Radio Repair 6588 126.00 West Coast Shoe Company Uniform Expense � 6588 120.00 °°° Regional Parks Foundation East Bay Regional Park District � � Anniversary Dinner-J.Fiddeoand � B. Crowder 6590 408.87 Petty Cash Field and Office Supplies, Conference � Registration, Local Meeting Expense, Docent and Volunteer Expense and Resource Materials Urgent check issued on Septennber28' 1994. � � "Urgent check issued on September 3O' 1984. Page Claims No. 94-18 MeetinQ94-2 Oob*: Oct. 12. 1SQ4 K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6504 225.00 Aaron's Septic Tank Service Sanitation Services 0505 220.84 Acme &Sons Sanitation Sanitation Services 8508 80.99 Randy Anderson Reimbursement--Office Supplies 6507 32.12 Barron Park Supply Company Plumbing Supplies 6508 25.00 Bay Muffler Vehicle Repair � 0508 300.00 Craig Beckman Reimbursement--Tuition � 8510 151.55 Best Sanitation RamtroomRanbn| � 6511 1.508.59 Big Creek Lumber Redwood Posts and Railroad Ties � 8613 304.00 ° Diane Blackman Reimbursement--Recording Fees 6513 18.50 Black Mountain Spring Water Water Service � 6514 45,00 DevaBoore Docent Training 6515 11.818.00 LouieBordi Road Grading 6516 135.85 Brian NongoeFou|k Consulting Services � 6517 58.18 Bridge Radio Communication, Inc. Radio Supplies � 8518 106.09 CgrleenBmino Reimbursement--Equipment � 6519 838.20 Cnba|o's Inc Uniform Expense � � 6520 100.14 Cal-Line Equipment Company Equipment Maintenance � � � 8531 259.08 C|orKs Auto Parts& Machine Shop Vehicle Parts and Repairs � 6522 59.54 CoaotmideProfeme Propane Fuel � � � 6523 208.24 Bunny Congdon Volunteer Patrol Vests � � 6524 1'850.00 ToniConmUi Botanical Inventory � � 6525 167.69 Alice Cummings Reim buroument-CnnfensnoeExpenses � 6526 150.00 Fa|on*Jeep Vehicle Repairs � 6527 64.38 JeonRddos Private Vehicle Expense � � 0528 25.00 Flinn, Gray & Hederich Insurance 6529 168.85 Foster Bros. Security Systems, Inc. Locks and Keys � � 6530 43.12 G & NServices Shop Towel Service � � 8531 100.00 Andrew Go|von Docent Training � 6532 253.21 Gardan|and Power Equipment Equipment Repairs and Maintenance 6533 148.84 GoodooPreao Printing 6534 104.31 N1aryGundert Private Vehicle Expense � � 8535 29770 Harkins Sign Company Sign 8536 439.93 Hangaho|d Truck Rentals Vehicle Rental 6537 752.34 Hertz Equipment Rental Equipment Rental 6538 475.00 The Home Depot Field Supplies � 6539 176.60 Image Technology, Inc. Artwork 6540 2.706.02 Jedo Publications, Inc. Brochure Printing � 0541 33.47 Keeb|e & 8huchatPhotography Photo Processing � 6542 73.58 Lab Safety Supply, Inc. Safety Signs and Barricades 8543 4.655.00 Langley Hill Quarry Underground Tank Installation 6544 348.60 Lanier Worldwide, Inc. Photocopier Maintenance Agreement � 8545 49.11 Judy Law Reimbursement--Office Supplies 6548 502.86 Los Altos Garbage Company DunnpotarRonta| � 6547 900.00 The LynahonesOrchestra Staff Recognition Event--Entertainment 6548 4.706.85 yNenwin (Buohv) Mace Consulting Services � 6549 489.00 Meyer Appliance Appliance--Enterprise � 8550 2.533.33 Micro Accounting Solutions Consulting and Computer Software Page Claims No.No. 94-18 6 K8aetngS4-27 Date: Oct. 12, 1994 K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6551 235.82 Minton's Lumber&Supply Field Supplies 0552 475.00 Mobile Radio Resources License 6553 38.97 Moffett Supply Company Sanitation Supplies 6554 818.37 Monogram Sanitation Sanitation Supplies 6556 95.00 Roger Myers Docent Training 0556 280.00 1994 National Interpreters'Workshop Conference Registration--C. Bruins 6557 186.90 National Glass Vehicle Repair 6558 190.00 National Safety Council Membership Dues 6558 350.00 °° The New Leaf Lunches for VIP Tour � 6660 58.65 Noble Ford Tractor, Inc. Tractor Parts � 8561 35.33 Northern Energy Propane Fuel 6562 380.00 Roche|(]poodah| Consulting Services 6583 548.32 Pacific Bell Telephone Service 6564 14.95 Pacific Publishers Resource Materials 6566 73.65 LonoPabaroon Reimbursement--Uniform Expense 6586 198.20 Peninsula Blueprint ReprogrophicCenters B|ue|inan 6667 253.79 Rabbit Copiers Maintenance Agreement 8568 13.62 Rancho Hardware Field Supplies 6569 4.000.00 RobadC. Reese&Associates Appraisal Services 6570 138.51 Rich's Tire Service Tires and Repairs 6571 59.08 Roberts& Brune Company Field Supplies 0572 102.77 Roberts Hardware Field Supplies 8573 1.256.43 F<oy'a Repair Service Vehicle Maintenance and Repairs � 8574 57.37 Russ Enterprises, Inc. Field Supplies 8575 80.61 S &VV Equipment Company Equipment Repairs � 0570 882.56 Santa Clara County Sheriffs Department Patrol Services � 8577 302.01 Scotts Valley Sprinkler 8 Pipe Supply Culverts � 0578 20.00 Select Newspaper Group Subscription � 6579 284.95 Shell Oil Company Fuel 6580 291.94 Shelton, Inc. Drainage Supplies 6581 55.23 Smith Equipment Tractor Part 6582 2.274.42 Jona8oko|e Consulting Services 8583 835.00 Special Products Company Sun Control Film Installation 5584 675.02 Stevens Creek Quarry, Inc. Base Rock 6585 198.15 Summit Uniforms Uniform Expense 6586 1'300.00 Toltec Inspection Service Consulting Services 6587 67.50 TnanoCom Communications Research Radio Repair 8588 125.00 West Coast Shoe Company Uniform Expense ° Urgent check issued on Septennber2Q' 1004. � "Urgent check issued on September 38' 1894. Page