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HomeMy Public PortalAbout19950614 - Agendas Packet - Board of Directors (BOD) - 95-13 ,-,Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-13 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS AGENDA* 7:00 P.M. 330 Distel Circle Wednesday Los Altos, California June 14, 1995 (7:00) ROLL CALL SELECTION OF PRESIDENT PRO-TEMPORE -- J. Fiddes SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 7:00 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 may reconvene the Special Meeting Closed Session. 1. Conference With Real. Property Negotiator - Government Code Section 54956.8 A. Real PrgjNgy: Santa Clara County Assessor's Parcel Numbers: 537- 10-05; 562-08-08; 562-10-05, -06 and -07; 575-04-05 and -07; 575-05- 01 and -02; 575-09-08 and -11 Negotiating Parties: Rancho de Guadalupe Incorporated, Edward J. Reidy, Special Administrator Under Negotiations: Instructions to negotiator will concern price and terms of payment. (7:30) ** ORAL COMMUNICATIONS -- Public SPECIAL ORDER OF THE DAY -- C. Britton Resolution Honoring Ginny Babbitt, Director Ward 4 ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- President Pro-Tempore *** APPROVAL OF MINUTES May 4, 1995 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) 330 Distel Circle * Fos Altos, CA 94022-1404 * Phone:41 5-091-1200 - FAX:415-691-0485 * E-mail: mrosd r1etcom.com Board of Oire(fors:fete Siemens,Mary C.Davey,Teena Renshaw,Ginny Babbitt, Nonette Hanko, Betsy Crowder,Wim de Wit General Manaf;er:t.Craig Britton Meeting 95-13 Page 2 (7:45) PUBLIC HEARING 1. Amendments to Conflict of Interest Code -- J. Fiddes Resolution Amending Conflict of Interest Code BOARD BUSINESS (7:55) 1. Scheduling of Neighborhood Workshop for Long Ridge Open Space Preserve on Either July 8 or July 15 -- J. Fiddes (8:00) 2. Authorization to Purchase 116-Acre Sempervirens Fund Property Adjacent to Long Ridge Open Space Preserve for $300,000 and Tentative Adoption of Preliminary Use and Management Plans for the Property, Including Dedication as Public Open Space -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement Bargain Sale, 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 Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Sempervirens Fund) (8:05) 3. Proposed Annexation to the District Lands Adjacent to Skyline and Purisima Creek Redwoods Open Space Preserves -- C. Britton Resolution Requesting Initiation of Annexation Procedures by the Santa Clara County Local Agency Formation Commission (Midpeninsula Preserves 1995 - Skyline Area) 4. Authorization to Purchase Tractor with Articulating Boom Mower from Pringle Tractor of Salinas for $74,525.24 -- J. Escobar 5. Application for Grant Funds from the Solid Waste Disposal Site Cleanup Trust Fund for the Skeggs Point Solid Waste Disposal Site at El Corte de Madera Open Space District and Authorization for Staff to Spend Up to $12,500 to Plan and Implement Site Restoration for the Project -- R. Anderson Resolution Authorizing the San Mateo County Health Services Agency to Enter into a Grant Agreement with the California Integrated Waste Management Board and Approving Filing of an Application for Grant Funds From the Solid Waste Disposal Site Cleanup Trust Fund for the Skeggs Point Illegal Disposal Site (El Corte De Madera Open Space Preserve) 6. Tentative Adoption of Amendment to Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve to Realign 0.7-Mile Segment of the Bay Area Ridge Trail -- R. Anderson Meeting 95-13 Page 3 7. Final Adoption of Amendment to Comprehensive Use and Management Plan for St. Joseph's Open Space Preserve for Minor Modifications to the Trails Plan -- S. Cochran (8:10) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE.- Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 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 f or separate discussion. A member of the -public ma LQuest under oral communications that an item be removed from the consent calendar. NOTICE OF PUBLIC MEETING The Administrative and Budget Committee will meet on Wednesday, June 14, 1995 at 6:00 P.M. at the District office. PUBLIC NOTICE - APPOINTMENT OF WARD 4 DIRECTOR The Midpeninsula Regional Open Space District must appoint an individual to fill the vacant position on the Board of Directors representing Ward 4. Ward 4 includes Mountain View, the Moffett Field area, and North Los Altos (bounded by Adobe Creek, Foothill Expressway, and Springer Road). Individuals interested in being considered for this appointment must submit a completed application no later than 5:00 P.M., Friday, June 16, 1995. Applicants must be over the age of 18 and a registered voter residing within the boundaries of Ward 4. Please contact the District Clerk at (415) 691-1200 for an application packet or more information about the vacancy. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING ADMINISTRATION AND BUDGET COMMITTEE AGENDA 6:00 P.M. Teena Henshaw, Chair Thursday, Wim de Wit June 14, 1995 Mary Davey 330 Distel Circle, Los Altos (6:00) ROLL CALL ORAL COMMUNICATIONS - Public ADOPTION OF AGENDA (6:05) COMMITTEE BUSINESS 1. Approval to Present Property Damage Claim Authorization Policy to Board of Directors for Consideration and Approval 2. Annual Performance Reviews for Board Appointees and Adjustment in Compensation for District Controller 3. 1995-1996 Cash Flow Projections 4. Staff Recognition Event (7:00) ADJOURNMENT 330 Distel Circle Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Tema Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton i Jr Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 7, 1995 TO: Administration and Budget Committee FROM: J. Fiddes, Administrative Services Manager S. Schectman Legal Counsel SUBJECT: Approval to Present Property Damage Claim Authorization Policy to Board of Directors for Consideration and Approval RECOMMENDED ACTION Direct staff to prepare a resolution for Board approval that authorizes and delegates to the general manager the authority to perform any acts required to consider, deny, allow or compromise claims against the District governed by the California Government Tort Claims Act that do not exceed one thousand five hundred dollars ($1,500). DISCUSSION On April 26, 1995, the Board directed legal counsel and staff to prepare a property damage authorization policy. It was at that same meeting that the Board approved, retroactively, a $680 property damage claim. Settlement of the claim required expeditious handling since the individual involved was leaving the country prior to the Board's next scheduled Board meeting. Since the District did not have a specific policy for the submission and approval or disapproval of such claims against the District, staff recommended such a policy be prepared for the Board's review and consideration. The California Government Tort Claims Act, Government Code Section 810 et seq., establishes procedures for presenting damage claims to public agencies and for public agencies to consider these claims. Government Code Section 935.4 allows the Board of Directors to authorize the general manager to perform any required acts to allow, deny or compromise such claims. Staff feels that it is in the best interests of the District that the general manager have the authority to promptly resolve certain small damage claims against the District that do not exceed $1,500. Claims over $1,500 would have to be submitted to the Board of Directors. The General Manager would report to the Board of Directors at its next regular meeting any action taken to consider, deny, allow or compromise claims against the District that do not exceed $1,500. Staff will also prepare internal administrative procedures for handling such claims, as well as necessary forms. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 7, 1995 TO: Administration and Budget Committee FROM: J. Fiddes, Administrative Services Manager SUBJECT: Annual Performance Reviews for Board Appointees and Adjustment in Compensation for District Controller As noted in your March 1995 report to the Board, the Administration and Budget Committee needs to establish, in behalf of the Board, a salary review schedule for the general manager, legal counsel, and controller and recommend to the Board what appointee salary survey data and other information is required to review Board appointees' compensation. General Manner The general manager's anniversary date is March 9. The Board is to review the general manager's salary and performance annually. The general manager's employment agreement states in part that: 1. Meritorious 9gy. The District may grant the general manager meritorious pay, ranging from 0% to 5% over and above the general manager's salary. Such meritorious pay shall be based on the Board's annual review of the general manager's performance. Evaluation shall be based on criteria and objectives to which the Board and the general manager have mutually agreed. Meritorious pay shall not be a salary adjustment, but rather recognition for performance during the previous year of service. 2. Cost of Living Increase (COLA). The Board shall consider a cost of living adjustment for the general manager on an annual basis...on or about the anniversary of the effective date of this Agreement (March). The Board shall consider the COLA separately from the meritorious pay opportunity and may grant the general manager a greater or lesser amount, if any, than that granted to other District employees. Legal Counsel Legal counsel's retainer agreement for legal services states in part that, on an annual basis, the District will review legal counsel's performance and will consider any proposals by the District Board of Directors or legal counsel to modify or amend the agreement. The legal counsel's anniversary date is May 11. Controller As a result of the Board's last performance evaluation in September 1994, the District's controller, the Board wished to consider a compensation increase for the controller. The controller is a part-time contractual position. M. Foster's current annual compensation is $7,940. There has not been a salary increase for this position since April 1990. The Board wished to consider a salary increase and also a way to recognize exceptional contribution by means of an annual bonus payment for additional work, such as a bond or note issue. Legal counsel recommends that the Board enter into a written employment agreement with the controller which would set the salary for the position and also allow for a year end bonus. There is no current written employment agreement for this position. The Committee should provide direction as to the salary and bonus range it feels is appropriate. An agreement would then be prepared for the full Board's approval. A suggested salary for discussion is $9,500 with the potential for an annual bonus payment of $3,000 - $5,000. The Board's September 1994 review was for the previous year; it is assumed that the Board wants to schedule a review for the current year. Open Space ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REsmunoNNO. 95- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINsuLA REGIONAL OPEN SPACE DismcT HONORING AND COMMENDING GINNY BABBITT WHEREAS, Virginia "Ginny"Babbitt was appointed to the Board of Directors of the Mid peninsula Regional Open Space District in 1990 to represent Ward 4 and subsequently was elected to afour-year term in 1992, and during her tenure Ginny has served her constituents diligently and with great distinction, including one illustrious term as President of the Board of Directors, one term as Vice-President, and innumerable terms as the Designated Defender of Dog Rights; and WHEREAS, Ginny's tireless work on the Board included the equivalent of at least one lifetime on the Trails Policy Committee, many sleepless afternoons on the Budget Committee, literally years on her personal favorite, the Dog Committee, as well as assignments to lesser-known committees such as the Feral Guinea Pig Committee, the Trail Freedom for Felines Committee, and the Invasive Non-Native Constituent Committee; and WHEREAS, while devoting a great deal of time to her duties on the Board of Directors, Ginny also gave her energy to a variety of other environmental activities, including Friends of the Stevens Creek Trail, Hidden Villa, and Deer Hollow Farm, and to numerous volunteer projects, where she learned to dig post holes with a carriage boll, where she met her then future beau, and where she learned that all field survival kits must include a green rope; and WHEREAS, the demands of Ginny's career have increased and multiplied faster than wild pigs in Sierra Azul, and she regularly works an 80-hour week at her profession, and then,for some unknown reason, seems to have difficulty finding time for Board business, meetings, and committee work, despite the development by Silicon Graphics of its "Virtual Board Meeting"morphing software; and WHEREAS, Ginny has unfortunately submitted her resignation, which the Board of Directors sadly and reluctantly accepted Now, THEREFORE,BE ITREsm vED that the Board of Directors of the Midpeninsula Regional Open Space District commend and applaud Ginny Babbitt for her accomplishments and achievements through her years of service,for her dedication to the ideals and goals of an open space greenbelt on the midpeninsula,for her tireless work on behalf of her constituents, and for her positive attitude and calm demeanor, even in the face of adversity and the many dilemmas that the District has successfully resolved in recent years. The Board further wishes Ginny all the best in her future endeavors, and looks forward to her continued support of the District and its goals. Adopted by the Board of Directors, June 14, 1995 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-10 SPECIAL MEETING BOARD OF DIRECTORS May 4. 1995 MINUTES 1. ROLL CALL The special joint meeting of the Board of Directors of the Midpeninsula Regional Open Space District and the San Mateo County Parks and Recreation Commission was called to order by President Siemens at 4:35 P.M. at the Captain's House Conference Center in Coyote Point Park, San Mateo. The meeting was co-chaired by President Siemens and Commission Chair Nita Spangler. Board Members Present: Pete Siemens, Betsy Crowder, Nonette Hanko, Mary Davey, and Wim de Wit. Board Members Absent: Teena Henshaw and Ginny Babbitt. Commissioners Present: Nita Spangler, Joseph Scott, Rolito Recio, Linda Dyson, and Richard Biederman. District Staff Present: Jean Fiddes, Randy Anderson, Malcolm Smith, and Dennis Danielson. Parks and Recreation Staff Present: Patrick Sanchez and Bob Emert. 11. ORAL AND WRITTEN COMMUNICATIONS There were no oral nor written communications. 1H. BOARD BUSINESS 1. Regulations on Bicycle Use on Parks and Oren Space Lands (Speed Limits and Helmet Requirements) Discussion centered on the District's experience with the 15 mile per hour trail use speed limit. The need for having the same trail use regulations for trails that pass through both San Mateo county parks and District preserves was emphasized; at this time, there are no interfacing trails. 2. Initial Draft of Edgewood Park Master Plan Commissioner Spangler briefed the Board on the status of the Edgewood County Park master plan re-write project being conducted by The Friends of Edgewood 330 Distel Circle • Los Altos, CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 * E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Park. She noted that R. Anderson has agreed to help the committee, that San Mateo County does not have the necessary funding to hire a consultant for the project, and that the committee is looking for a plan that does not include a golf course. B. Emert said that the process for the Edgewood County Park master plan project would undergo the same review process as other plans. The meeting recessed at 5:10 P.M. for a dinner break and reconvened at 5:30 P.M. 3. Draft of Amended County, Trails Plan Copies of the San Mateo County Trails Plan prepared by the San Mateo County Trails Advisory Committee were distributed. B. Emert stated the plan would be available the following week for public comment and would be returned to the commission in June for consideration. It was noted that the District had implemented a significant part of the County's trail plan, particularly in the Skyline area in the post-proposition 13 funding era. P. Siemens stated that the Board of Directors should review the plan and, at a future meeting, consider adoption of the Board's support for the plan. N. Hanko "pressed her concerns regarding trail connections with Santa Clara county parks where lands are adjacent. 4. Update and Discussion on Alternative Funding for Parks and Open Space in San Mateo County P. Sanchez and Commissioner Dyson discussed the status of a proposed sales tax ballot measure to raise supplementary funds for local schools, libraries, parks, and open space. L. Dyson noted that in six to eight weeks more information would be available to know better if the ballot measure coalition would be a go. N. Hanko requested a copy of San Mateo County's initial polling results; R. Anderson said he would provide the results to her. IV. INFORMATIONAL REPORTS There were no informational reports. V. ADJOURNMENT The meeting was adjourned at 6:35 P.M. Jean Fiddes District Clerk Open Space R-95-81 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-13 June 14, 1995 AGENDA ITEM Public Hearing - Amendments to District's Conflict of Interest Code GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution amending the District's Conflict of Interest Code. DISCUSSION In accordance with Government Code Section 87306.5, every two years the District is required to review, and amend if necessary, its Conflict of Interest Code. The proposed changes in the Code are: 1. Amending the designated positions list to include Board Members, General Manager, Legal Counsel, Controller, Land Acquisition Manager, Planning Manager, Operations Manager, Public Affairs Manager, Administrative Services Manager, Consultant, Office Manager/Secretary to the General Manager, Supervising Construction and Maintenance Ranger, Supervising Patrol Ranger, Administrative Analyst, Planning Technician, Open Space Planner H, Resource Planner, Senior Planner, Support Services Supervisor, Visitor Services Supervisor, Area Superintendent, Real Property Representative, and Research Attorney. The positions shown in bold above are being added to the list of designated positions. The position of Assistant General Manager/Land Acquisition Manager that was previously included in the code has been changed to Land Acquisition Manager. This is currently an unfilled staff position and does not include the assigned duties of assistant general manager. 2. It is now noted under designated positions that the Controller completes Form 721. 3. Disclosure Category 1 concerning interests in real property has been amended to explain more clearly the location of real property that may be reportable. 4. Disclosure Category 2 concerning investments and Disclosure Category 3 concerning income are being amended to state more explicitly the types of business entities in which individuals may have reportable investments or from which they may receive reportable income. The timeframe for reportable investments and income has been deleted and will be governed by the period covered in the annual statement of economic interest, which is generally the previous calendar year. ---------- -330 Distel Circle * Los Altos,CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 a E-mail: n-trosd@netcom,com Board of Piret tors:[)et(,Siemens,Maly C. D,Ivey,loena I icnlww,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim(it,Wit ('-Cnet.d N4,n),iger!L.C 1.1it,Britton R-95-81 Page two In accordance with FPPC regulations, the District's notice of intention to amend its conflict of interest code has been posted for least 45 days prior your Public Hearing on the matter. Notice was also provided to each employee affected by the proposed code/amendments. As of the writing of this report, the District Clerk has received no public comments regarding the proposed changes. The District's legal counsel and general manager submitted minor proposed changes that did not significantly change the substance of the proposed code amendments. Their proposed changes have been incorporated in the resolution and are as follows: 1) The term "land appraisals" has been changed to "real property appraisals." 2) Category 2 and Category 3 have been amended to clarify that, to be reportable, investments in businesses and income have to be from sources doing business within the District. 3) Category 2 and Category 3 have been amended to clarify that reportable investment in a business includes holding a business position in that business. Prepared by: Jean Fiddes, District Clerk Sue Schectman, District Legal Counsel Contact person: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING CONFLICT OF INTEREST CODE WHEREAS, by Resolution No. 93-04 the Board of Directors of the Midpeninsula Regional Open Space District adopted a conflict of interest code pursuant to the Political Reform Act of 1974, and WHEREAS, Government Code Section 87306.5 requires a biennial review of the District's Conflict of Interest Code, and WHEREAS, the District, in accordance with Commission Regulation 18750.1 (2 Cal. Code of Regs. Sec. 18750.1), has prepared code amendments, noticed affected employees and the public of its intent to amend the code, and conducted a public hearing to consider the amendments, NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve to repeal Resolution No. 93-04 and adopt the amended Conflict of Interest Code as contained herein, to be effective on the thirtieth day following approval of the District's amended code by the Fair Political Practices Commission. CONFLICT OF INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Political Reform Act, Government Code Sections 81000, et w4., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Adm. Code Section 18730 and any amendment to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Midpeninsula Regional Open Space District, except as provided below. Pursuant to Section 4(A) of the standard Code, designated employees shall file statements of economic interests with the District Clerk. Upon receipt of the statements of the Board Members and General Manager, the District Clerk shall retain the original of these statements on behalf of the Fair Political Practices Commission. Exception: The portion of land located within the District boundaries or sphere of influence, or within two miles of the District's boundaries or sphere of influence, or within two miles of any land owned by the District used primarily as the residence of the designated position, including up to three acres in area surrounding such residence, shall not be considered an "interest in real property" for the purposes of this Code and need not be reported, but the rest of any such land shall be reported and its value declared. CONFLICT OF INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX Assigned Designated Positions Disclosure Categories Board Members 1, 2, 3 General Manager 1, 2, 3 Land Acquisition Manager 1, 2, 3 Planning Manager 1, 2, 3 Operations Manager 1, 2, 3 Public Affairs Manager 1, 2, 3 Administrative Services Manager 1, 2, 3 Legal Counsel 1, 2, 3 Controller (to complete Form 721) 1, 2, 3 Office Manager/Secretary to the General Manager 2, 3 Administrative Analyst 2, 3 Supervising Construction and Maintenance Ranger 2, 3 Supervising Patrol Ranger 2, 3 Support Services Supervisor 2, 3 Visitor Services Supervisor 2, 3 Planning Technician 2, 3 Open Space Planner H 1, 2, 3 Resource Planner 1, 2, 3 Senior Planner 1, 2, 3 Area Superintendent 1, 2, 3 Real Property Representative 1, 2, 3 Research Attorney 1, 2, 3 Consultant* 1, 2, 3 Disclosure Categories Category I Interests in real property are reportable interests if: A. The real property to which the interest pertains is located in whole or in part within the District's boundaries or sphere of influence, or within two miles of the District's boundaries or sphere of influence, or within two miles of any land owned by the District. Ownership shall include any easement, leasehold, beneficial or legal interest, or option to acquire such interest. B. For purposes of this Category, "interest in real property" does not include property used exclusively as the personal residence of the filer, including the residence and up to three acres in area surrounding the residence. The remainder of any such land, if any, shall be reported and its value declared. Category 2 A. Investments and business positions in any business entity which is engaged in business within the District and which is of the type which has contracted with the District to provide employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, publications, equipment, vehicles or insurance. B. Investments or business positions in business entities which engage in the design, planning, engineering, construction, materials supply or project management of private or public construction projects within the District. C. Investments or business positions in business entities which engage in the business of brokerage, acquisition, leasing, marketing, or disposal of real property within the District. D. Investments or business positions in business entities which, within the District, engage in the preparation of reports, surveys, evaluations or investigations of the type used by the District, including environmental documents such as Environmental Impact Reports, real property appraisals, land surveys, environmental assessments, hazardous waste investigations, percolation evaluations, engineering reports, biological assessments, geologic or hydrologic evaluations, or evaluations of the physical condition of real property. Category 3 A. Income from any source which provides employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, publications, equipment, vehicles or insurance within the District. B. Income from sources which engage in the design, planning, engineering, construction, materials supply or project management of private or public construction projects within the District. C. Income from sources which engage in the business of brokerage, acquisition, leasing, marketing, or disposal of real property within the District. D. Income from sources which, within the District, engage in the preparation of reports, surveys, evaluations or investigations of the type used by the District, including environmental documents such as Environmental Impact Reports, real property appraisals, land surveys, environmental assessments, hazardous waste investigations, percolation evaluations, engineering reports, biological assessments, geologic or hydrologic evaluations, or evaluations of the physical condition of real property. *Consultant Disclosure Category *Consultant shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The general manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The general manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Open Space m w MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-82 Meeting 95-13 June 14, 1995 AGENDA ITEM Scheduling of Neighborhood Workshop for Long Ridge Open Space Preserve on Either July 8 or July 15 GENERAL MANAGER'S RECOMMENDATION Assuming all Board members are able to be present, schedule a neighborhood workshop for the Long Ridge Open Space Preserve for either Saturday, July 8 or Saturday, July 15 beginning at 10:00 A.M. at the Skyline Boulevard gate at Portola Park Heights Road. DISCUSSION At your May 24 meeting, you considered an amendment to the use and management plan for the Long Ridge Open Space Preserve to construct a segment of the Bay Area Ridge Trail. The proposed trail connection between Long Ridge and Skyline Ridge Open Space Preserves would cross Portola Park Heights Road near the entrance gate located at Skyline Boulevard. Several Portola Park Heights neighbors attended your May 24 meeting to express concerns about the proposed trail crossing, as well as concerns about other issues. You continued discussion of the proposed amendment to the Long Ridge Preserve Use and Management Plan until after a meeting was scheduled in mid or late July to discuss the Portola Park Heights neighbors' concerns. As of the writing of this report, five of the Board's six members are available on Saturday, July 8 and Saturday, July 15 for the neighborhood workshop. Staff will be contacting the sixth Board member upon her return to the area this weekend. Staff s preferred date for the workshop is July 8. Assuming all six Board members are available for July 8 and/or July 15, staff will begin mailing notifications for the meeting on Monday, June 12. Interested members of the public who would like to know the selected date for the neighborhood workshop prior to Wednesday's meeting can contact the District Clerk for the information. Prepared by: Jean Fiddes, District Clerk Contact person: Same as above 3.30 Distel Circle * Fos Altos, CA 94022-1404 s Phone:415-691-1 200 - FAX:415-691-0485 - E-mail: rnrosd n netcom.com &� Bwrd of Oiw(tors'Pete?Siemens,Mary C. Davev,Teena Renshaw,Ginny Babbitt, Nonette I lanko,Betsy Crowder,Wim de Wit Ger o.d Ma wgur:L.Craig Britton Open c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-77 Meeting 95-13 June 14, 1995 AGENDA ITEM Proposed Addition of Sempervirens Fund Property to Long Ridge Open Space Preserve GENERAL, MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing approval and acceptance of the Purchase Agreement for the Sempervirens Fund property. 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Sempervirens Fund property an addition to Long Ridge Open Space Preserve. 3. Indicate your intention to dedicate the property as public open space at this time. DESCRIPTION Location and Boundaries This 116-acre property, currently owned by Sempervirens Fund, adjoins,the western side of Saratoga Gap near the northern tip of Santa Cruz County. The two major roads through the Santa Cruz mountains, State Highway 35 (Skyline Boulevard) and State Highway 9 (Big Basin Way), adjoin two sides of the property and intersect at Saratoga Gap. Extensive parking is available at Saratoga Gap Vista Point parking area on the opposite northeast corner of the Highway 35 and 9 intersection. Two additional parking pullouts, one on Skyline Boulevard and one on Highway 9, provide access to both ends of the trail through the property. The parcel has a triangular shape, with the eastern apex at Saratoga Gap, the northern bou ndary along Skyline Boulevard and the southern boundary along Highway 9. The �'Y g kY � �Y g g Y northern part of the western boundary adjoins private property. The southern part adjoins the former Deka Associates property, which is a non-contiguous part of Long Ridge Open Space Preserve. Castle Rock State Park lies to the south and east, but is separated from the property by Highway 9 and an area of private lands. Portola State Park lies two and one-half miles to the west. The bulk of Long Ridge Open Space Preserve lies one-fourth mile northwest. Saratoga Gap Open Space Preserve is located directly across Skyline Boulevard to the north. Nearby landmarks include the Saratoga Gap Vista Point parking area, across from the eastern tip of the property. Saratoga Summit California Division of Forestry Station (CDF) adjoins 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-091-1200 ® FAX:41 5 091-0485 - E-mail: mros( netcom.com Board of(directors.Pere Siemens,Mary C. Davey,Teena I tenshaw,Unny Babbitt, Nonette I{anko, Bekv Crowder,Willi de Wit General Manager L.Craig Britton R-95-77 Page 2 the northwestern edge of property, fronting on Skyline Boulevard near the northern comer of the site. USE AND MANAGEMENT PLAN Planning Considerations The property lies in unincorporated Santa Cruz County at the entrance to approximately 40,000 interconnected acres of public parks and open space managed by four separate agencies. The property is rated as having a lower priority in the District's master plan; nearby areas are rated high for composite value as open space. The property is truly a gateway to Santa Cruz mountain trails. Several major trails intersect here, including two trails of regional importance. The Bay Area Ridge Trail, a 400-mile multi-use route, will encircle the Bay Area's ridgetops. In this area, it parallels Skyline Boulevard. The Skyline-to-the-Sea Trail is a 30-mile hiking and partial equestrian trail descending through the property from Saratoga Gap to the Pacific Ocean through Big Basin State Park. Other adjacent trails include the Saratoga Gap Trail to Castle Rock State Park headquarters, and connecting trails to Santa Clara County Skyline Park, Montebello Open Space Preserve, Portola State Park, and the Skyline Trail to Sanbom-Skyline County Park. Three overnight trail camps are accessible from these trails, offering the potential for multi-day trips. The old road through the property could be developed as a trail with a minimum of effort. The surface is in surprisingly good condition for such a long period of neglect, and with some clearing, would make an excellent trail. With the addition of a trail connection to the intersection of Highways 35 and 9, this trail would connect the District's trail through Saratoga Gap Open Space Preserve with the Skyline-to-the-Sea Trail, bypassing the busy Saratoga Gap intersection. The Trail Use Element for Long Ridge Open Space Preserve is anticipated to be updated in the second quarter of 1996. The base of the meadow at the eastern tip of the property has been discussed in the past as a potential location for a "Saratoga Summit Gateway" visitor center. This idea has been included in previous grant applications. Directly accessible from Saratoga Gap, this center could provide information about public open space and recreation lands in the area, the trail network, and the sponsoring agencies. Displays could include a large raised relief map showing the park locations and trail network, as well as exhibits showcasing unique aspects of local natural and cultural history. The center could be staffed by volunteers. If this idea is pursued, it would require sponsorship by Sempervirens Fund or another non- profit organization to seek funds necessary to build and operate the center. The non-profit organization could seek sponsorship from the five public agencies with lands in the area: R-95-77 Page 3 California State Parks, Santa Clam County, San Mateo County, Santa Cruz County, and the District. The Trail Center, the Bay Area Ridge Trail Council, Save-the-Redwoods League, and Peninsula Open Space Trust could also be involved. If this idea develops into reality, the District would provide a reasonable area of land for the visitor center and parking; however, the project would have to complement District programs, and there would be no obligation for the District to participate financially. This possibility is included as a part of the purchase agreement. Preliminary Use and Management Plan Recommendation Dedication: Indicate your intention to dedicate the property as public open space at this time. Name: Name the property as an addition to Long Ridge Open Space Preserve. Signs: Install private property, regulations, and preserve boundary signs where appropriate. Public Safety Review: Property has been inspected, and there are no known hazards. TERMS This acquisition was the subject of a successful Land and Water Conservation Fund grant application in 1994 that provides approximately one-half of the acquisition funding. Because of the criteria for the land and water fund grant program, a 50% local matching financial contribution is required. However, this match can be provided by the value of a gift of land that is a part of the approved grant project. Since this property has a fair market value of $600,000 and Sempervirens Fund is selling the property to the District on a 50% bargain sale basis, the net cost to the District of$300,000 will be fully reimbursed by the grant. In other words, the District's 50% matching contribution for the grant is provided by the $300,000 value of the gift portion of the sale from Sempervirens Fund, a cooperative project for which we can all be proud. Prepared by: Randy Anderson, Planning Manager Contact person: L. Craig Britton, General Manager SEMPERVIRENS PROPERTY ADDITION k rr' ,, � ���'' LONG RIDGE OPEN SPACE PRESERVE ?,^,. ;�' J_ ¢K� ✓'`,—J� ' / . ' ,/• } f - ✓I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT IJ9AX 1�, >�_ t ;j.✓ --- REGIONAL TRAILS =1 PUBLIC LANDS North 1995 Sale: 1- = 2000'-0' \;`''..''7r=--- /° •��/�� -fit.. ...:^.:-L ' I'-F/ 7: Lf' 1./a�'�' I ) ,' _�,. lit ���- i. (. �I,- -�d ,' oae ,t f.: � _ 1� I l rf IQ \ 1 �l - (gCORY.0AX3J ( -� -?.� a�— ,I * td�;: ''�,�lj V RjDQE, r'.�''.'.�,1�\``!a�h j} ' '�f,` .\ \� �. i�r!__r 11�. -~���:•/1 J/ II 1 :t'_ , ��. - I1j l`- d f1Yf� ���7�LJ.� �:i' ,:.} f��� �..int`X} I�i�'�.... rti :.•r�it�. , s�+/. )' )�, UM—r' OGA 'r,�'"�<: /' r ,,`.a..-- :.�.:� � •ti�(l. ,11�f i .,._..J �� 1tv-�\ % �t ;,�(t,� P f5 'A` zR s R ?>f ' f" rb �— ,� te (l/+� 117� ./�{I /,'-1��'��� �a���� � - IF..�f �yf q�n �...\ — .^`�� 32 SEMPERVIRENSwa _Fj.�(t�((r�, FUND PARCEL - ', � �! _ d 'n nS,N! �v. \i 'PRADSATE 1; \ - `�• �� \\`�' �1\ ,t' 'j,' 4 4�<'.:.J �; -'' %= r; �-�.,,_,-r'> , p t' � All 1 \� �-j 'r,�;�,; OLD ROAD ,u \�� 1 ' " ,,,ti rtl•I, ALIGNMENT ��Ilg'``,ri LONG RIDG E OPEN SPACE PRESERVE �lilrp,�,�,\-^`,���®��\ _' --•y11 '"' ��'.`,` � y t(�•a ` r .r� •.' t t� l.r1GRRP ��\1 - �I ,,1 . PRIVATE LANDS 7r,\T,'rPAitR• —,'7 ) x 1 r: a��s7d'.? w'�,� �, r: ;~ �/`.��1, ii 11'ti .,\1 1\t !�� //�'''J1�1 ,\.. 3•\JS , it /, 1L0A �' . >,\ t,, . `\ f ,i �. ' - r� ,i � , ,�� 1 t_ _.� �if� .I: {, .r . ; I � � � / rk� \ ,•''//-'-�•y,_ �l y� `\,\�\l: .. 1 IrY i 2'7�I�� I _ .-J '�_ ')\ ��� �'.r rr t � + \ ��� �,�•'{ �11,.0, ./� (`,\`\ ��j lil 1� �, � , t ��\` _ �;f ;�., r•--•, `11�.J�I`i �\ _ - -�� r• f -:/' `''l'� .� . t ow _,Tian Io)V 1) 1111 / -t' 'iU ..'��;�'.J f _ •/ 11 ''Jt`(. S( !1`� �`� CLA � I \.�- j}!), �'!"i 2�..�,0. .J. // _ _ �, . tt,lr7rr(a7KN. �/� J -- ,•`�C\ -�. � � ',-� .; Q`� ��(�� � 1./, OUIY.TY`. ~i J ",�. .%:7 t ��`II] ( ) 7t�81 B..In -•� / ` - r� � �.. ti, -:��',r 1 - ,� ,: -:! t i` r �{4�� ,•�1 i � �'fr�` ••ICI '�r.e, � i ....i•, �^•.../� `..-- '1��:J�j1�I����t Tt. -'.'...7� �i�l „�J>26Y�•j`':� ;i' .C'- -� •� .r. �g 'MTn� it ,sOQ�-1�1. �11ti;, _ \i' /`:` fj f '-- \,, tt14r r � l .: f..- ': l% 1 p• :'a \ \ A�IB� IYfi31t. CASTLE-RO�C STATE'pA IEt.T` •`�� r f ('� //r �'{I/,�I .��; .. ..,i j..�r:t/r 1. .�i�_ .:1'ti tQ I s/ `it!!t j ��. �,iy. - \_: `' �fiR�xyg rr/'..3 -y -��. yI 1 � / 1'' r I(�{• .%'t7� �/ �'` ,t �4r %'' �1lf ,,{f�7 � --\�,�t �t\ ✓,../(3 /r,.f! ''� l,f. j .`'C �B�ll n� ��/ji�tlo '�J: /;' l(.I��.-.-` .j", '''' �\_ _.'t'` �� /..:� i,•.,... �.' .�� �---1',ll, r, 'J i _ --�-�.s `�r., �` ... \� s.�., n RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT BARGAIN SALE, 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 CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE - LANDS OF SEMPERVIRENS FUND) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement Bargain Sale between Sempervirens Fund, a California non-profit corporation, 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. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this 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$300,000 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. PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between SEMPERVIRENS FUND, a non-profit corporation, organized under the laws of the State of California, hereinafter called "Sempervirens" 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." )5flaXESSETH WHEREAS, Sempervirens was organized as a non-profit, charitable corporation to solicit, receive and hold gifts, legacies, devises and conveyances of real and personal property for public park, conservation and open space purposes, all in a manner complementary to activities of District: and WHEREAS, Sempervirens is the owner of certain real property located within an unincorporated area of the County of Santa Cruz, which has natural beauty, open space and recreational value, and ecological significance; and WHEREAS, District desires to purchase said property both as open space and as part of the recreational, ecological and aesthetic resources of the San Francisco Midpeninsula area; and WHEREAS, Sempervirens, out of a desire to promote the public welfare, and share the natural and scenic beauty and enjoyment of said property with the citizens of the Midpeninsula area, hereby agrees to sell and convey the entirety of said real property to District at a price significantly below its fair market value, and District wishes to purchase and receive said real property on such an opportunity basis upon the conditions and for the considerations set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Sempervirens agrees to sell to District and District agrees to purchase from Sempervirens, Semperviren's real property located within an unincorporated area of the County of Santa Cruz, State of California, containing approximately One Hundred Sixteen (116) acres, more or less, and commonly referred to as Santa Cruz County Assessor's Parcel Number: 088-221-04; said property being further described in the legal description attached to Preliminary Title Report Number 9405064, dated May 23, 1995, from Santa Cruz Title Company; said title report attached hereto as Exhibit "A" 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 to 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 Three Hundred Thousand and No/100 Dollars ($300,000.00), which is one-half(1/2) of the appraised fair market value of the Property (see Section 9 hereinbelow); which amount shall be paid in cash as further provided in Section 3 herein. Purchase Agreement - Sempervirens Fund Page 2 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Santa Cruz Title Company, 201 River Street, Santa Cruz, CA 95060;phone number(408)426-9090,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 reasonable require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before June 30, 1995, provided; however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein "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 Cruz County. (b) Sempervirens 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 of the Property pursuant to the terms of this Agreement. (c) Sempervirens shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District's check payable to Escrow Holder in the full amount of the Purchase Price as further stipulated in Section 2 hereinabove. (e) District shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Sempervirens in the manner customary in Santa Cruz 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) Sempervirens shall cause Santa Cruz Title Company, or other title company acceptable to District, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of the Purchase Price for the Property showing title to the Property vested in fee simple in District, subject only to: (i)current real property taxes, (ii) listed exceptions numbered 2, 3 and 5 as contained in said Preliminary Title Purchase Agreement - Sempervirens Fund Page 3 Report (Exhibit A), and (iii) such additional title exceptions as may be approved in writing by District prior to the closing as determined by District in its sole, absolute and unfettered discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the Recorder of Santa Cruz County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the Policy of the Title Insurance, if required herein, and to Sempervirens Escrow Holder's check for the full purchase price of the Subject Property (less Sempervirens' portion of the expenses described in Section 3(e)), and to District or Sempervirens, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Visitors Center. The parties to this Agreement envision that in the future, the Subject Property may provide an ideal location for a visitors center that could be the "gateway" to the Santa Cruz mountain parks and open space preserves, and the parties of interest could include: State of California, County of Santa Clara, County of San Mateo, County of Santa Cruz, Midpeninsula,Regional Open Space District, Sempervirens Fund, Save the Redwoods League and Peninsula Open Space Trust. Therefore, District agrees to allow Sempervirens and others to continue to pursue the idea of locating such a visitors center on the Subject Property. In the event the Visitor's Center proposal is deemed feasible by the cooperating parties, District agrees to provide the land area reasonably necessary through a lease, license or other mutually agreeable process, all in a manner complimentary to District's programs and in conformance with any and all State or Federal Grant restrictions on the Subject Property 5. Leases or Occupancy of Premises. Sempervirens warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Sempervirens further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease 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 rd=Q. Sempervirens understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Sern2ayiOn'S Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Sempervirens represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6.01 Authority. Sempervirens has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6.02 Valid and Binding Agreements. This Agreement and all other documents delivered by Sempervirens to District now or at consummation of the transaction have been or will be duly authorized and executed and delivered by Sempervirens and are legal, valid and binding obligations of Sempervirens sufficient to convey to District the Subject Property described therein, and are Purchase Agreement - Sempervirens Fund Page 4 enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Sempervirens is a party or by which Sempervirens may be bound or any articles, bylaws or corporate resolutions of Sempervirens. 7. Hazardous Waste. (a) Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation,polychlorinated biphenyls,benzene,asbestos,petroleum,petroleum by-products,gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (b) Roresentations and Warranties. Seller hereby represents and warrants to District that. (i) The Property does not contain any Hazardous Waste or underground storage tanks; (ii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; i n know iii At the time Seller wired the Property, Sellerd d of o and ( ) � Pe Y� had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Purchase Agreement - Sempervirens Fund Page 5 Property, or the use, manufacture, handling, generation, storage, treatment, discharge, buriall or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. (c) Indemni . Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained herein, or the existence of any hazardous substances of any kind on or in the property, except when any hazardous substance contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is subsequently found to exist on the property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 8. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be 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 hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections, and in fact said property is being sold on a "bargain sale" basis at one-half(1/2) it's appraised fair market value, which has been determined to be Six Hundred Thousand and No/100 dollars ($600,000). 9. Miscellaneous Provisions. 9.1 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. 9.2 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 �� I Purchase Agreement - Sempervirens Fund Page 6 prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 9.3 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 performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 9.4 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. 9.5 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission, telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (415) 691-1200 (VOICE) (415) 691-0485 (FAX) Copy To: Susan Schectman, Esq. District Counsel Seller: Sempervirens Fund P. O. Drawer BE Los Altos, CA 94023 Attn: Verlyn Clausen, Executive Director (415) 968-4509 FAX (415) 968-9311 If sent by facsimile transmission, telegraph, cable, or telecopy, a confirmed copy of such notice shall be sent by mail (in the manner provided above) to the addressee. Service of any such communication Purchase Agreement - Sempervirens Fund Page 7 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 provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. 9.6 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 unenforceable provisions. 9.7 Countc&MrU. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 9.8 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 9.9 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, specifically or understandings relating to the same subject matter. 9.10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 9.11 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 representations 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. 9.12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. Purchase Agreement - Sempervirens Fund Page 8 9.13 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. 9.14 Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 9.15 Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against an and all cost s, liabilities losses damages, de fy ag y , g , 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 Seller in connection with this transaction. 9.16 Cgptions. 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. 9.17 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. 10. Acceptance. This 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, Sempervirens 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. Provided that this Agreement is signed by Sempervirens and returned to District on or before June 8, 1995, District shall have until midnight, June 28, 1995, to present this Agreement to its Board of Directors for acceptance. From the date of execution of this Agreement by Sempervirens until acceptance by District in accordance with this Section, this instrument shall constitute an irrevocable offer by Sempervirens to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Purchase Agreement - Sempervirens Fund . Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. SEMPERVIRENS FUND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AS TO FORM: By: Ellen C. Weaver, President Board of Directors Susan Schectman, District Counsel Date RECOMMENDED FOR APPROVAL: By: L. Craig Britton, General Manager Verlyn H. Clausen, Executive Director and Assistant Secretary of the Board of Directors APPROVED AND ACCEPTED: Date President, Board of Directors ATTEST: Jean Fiddes, District Clerk Date Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-76 Meeting 95-13 June 14, 1995 AGENDA ITEM Proposed Annexation to the District of Lands Adjacent to Skyline Ridge and Purisima Creek d Redwoods Open Space Preserves GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution requesting initiation of annexation by the Santa Clara County Local Agency Formation Commission (LAFCO) SKYLINE RIDGE On December 14, 1994, you approved the acquisition of an additional 7.55% interest, for a total of 54.22% ownership g in the Big Dipper Ranch property as part of the Skyline Ridge Open Space Preserve (see report R-94-130). Escrow closed on February 9, 1995. Since the District now has a majority interest in the Big Dipper Ranch property, the District needs to initiate annexation procedures for this property. Celia Cummings, who owns the remaining 45.78% interest in the property, has indicated a willingness to join in the annexation, but has been unreachable to execute the necessary petition. Although it would be desirable to have her written concurrence, your policy provides for annexation with a 50% landowner consent. In this case, the District ownership share provides that assurance. In addition, the District has discussed this proposed annexation with Mary Silva, owner of the adjoining 233.5 acres north of the Big Dipper Ranch property. After explaining that annexation to the District would not affect the Silvas' property taxes or the development potential of their property in any way, Mrs. Silva agreed to join in the annexation request. In doing so, the District avoids creating an unannexed island. This would make the District's boundaries clearer and the annexation process simpler. PURISIMA CREEK REDWOODS Peninsula Open Space Preserve Trust (POST) is requesting annexation of 481 acres of land (former Thysen property) adjacent to the Purisima Creek Redwoods Open Space Preserve. Since the District is currently working with POST on a management agreement for this property, and the District may sometime in the future acquire this property, it is in the District's best interest to annex this property. Because this property lies outside the District's sphere of influence, it will be necessary for the Santa Clara County Local Agency Formation Commission (LAFCO) to amend the District's sphere of influence concurrently with the annexation of this property. 3.30 ©istel Circle * Los Altos, CA 94022-1404 * Phone: 415-691-1200 , FAX:415-091-0485 ° E-mail: mrosdfznetcom.com Board of Director~:Pete Siemens,Mary C.Davey, Teem I lenOwvv,Ginny Babbitt,Nonette Hanko,Betsy(iowder,Win)de Wit General t_.C111ig Britton R-95-76 Page 2 DISCUSSION Annexation of additional properties to the District, if acquired, would obviate the remote potential challenge to the enforceability of District ordinances on the basis of land being outside District boundaries. Annexation would also place District-owned land within District boundaries, as would normally be expected in the long term, and allow for the cancellation of future property taxes when and if these lands are acquired. In the case of Big Dipper Ranch property, taxes can be segregated and canceled. According to commission policy, the Santa Clara County LAFCO will first forward the application to the San Mateo County LAFCO for review and comment. Then, after San Mateo County LAFCO consideration, and assuming Santa Clara County LAFCO approves the annexation, the matter will be returned to you for a hearing and final decision. The entire process is expected to take several months. Prepared by: Michael C. Williams, Real Property Representative Contact Person: L. Craig Britton, General Manager RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUESTING INITIATION OF ANNEXATION PROCEDURES BY THE SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION (MIDPENINSULA PRESERVES 1995 - SKYLINE AREA) WHEREAS, the Midpeninsula Regional Open Space District has acquired a majority interest in property or has obtained the consent of the owners for annexation of property within the District's sphere of influence, listed as San Mateo County Assessor's Parcel Numbers 080-370-020, 080-380-020, 080-380-030, 080-380-040, and 085-110-010, as described in Exhibit "A" and shown on Exhibit "A-l" affixed hereto, and WHEREAS, the Peninsula Open Space Trust has received a gift of property contiguous to District boundaries in San Mateo County and desires annexation into the District boundaries, listed as San Mateo County Assessor's Parcel Number 067-370-020 as described in Exhibit "B" and shown on Exhibit *B-1" affixed hereto, and WHEREAS, on June 14, 1995, the Board of Directors of the Midpeninsula Regional Open Space District considered this matter at a publicly noticed meeting at which the public had an opportunity to speak. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby request initiation of annexation proceedings by the Santa Clara County Local Agency Formation Commission of the land described in said Exhibits "A" and "B". BE IT FURTHER RESOLVED that the Midpenmsula Regional Open Space District is not requesting any portion of the property tax revenue from the area proposed for annexation. BE IT FURTHER RESOLVED that the General Manager is authorized to submit the application to the Santa Clara County Local Agency Formation Commission and is designated as the District's representative in these annexation proceedings. Exhibit A Annexation to: Midpeninsula Regional Open Space District Name of Annexation: Midpeninsula Preserves 1995 - Skyline Ridge Date: June 5, 1995 Description: The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: Beginning at the section corner common to Sections 21, 22, 27 and 28, Township 7 South, Range 3 West, Mount Diablo Base and Meridian, said point lying along the boundary of the Midpeninsula Regional Open Space District annexed by resolution 92-14 on April 22, 1992, thence from said point of beginning southerly along the section line dividing Sections 27 and 28 to the section corner common to Sections 27, 28, 33 and 34, Township 7 South, Range 3 West, Mount Diablo Base and Meridian; thence following the section line dividing Sections 28 and 33 westerly to its midpoint; thence southerly following the eastern boundary of the northwest quarter section line of Section 33 to the southern line of the northeast quarter of the northwest quarter section line, thence westerly along said quarter quarter section line to the western line of the northeast quarter of the northwest quarter; thence northerly along said line to a point w' line common to Sections 28 and 33� thence following said southern bounds of along the g boundary Section 28 westerly to the section corner common to Section 28, 29, 32 and 33, Township 7 South, Range 3 West, Mount Diablo Base and Meridian; thence northerly along the dividing line between Section 28 and 29 a distance of 600 feet; thence westerly along a line parallel to and 600 feet distant at right angles northerly from the dividing line between Sections 29 and 32 2040 feet, more or less, to the centerline of the present county road known as Portola State Park Road; thence northerly and easterly along the centerline of said road to a point common to the section line running north and south separating Section 28 and 29; thence northerly along the dividing line between 28 and 29 to the section corner common to Sections 20, 21, 28 and 29, said corner also lying on the boundary of the Midpeninsula Regional Open Space District annexed by resolution 82-52 on November 10, 1982; thence northerly along said boundary of the Midpeninsula Regional Open Space District to center of section 21; thence easterly along the northern boundary of the southwest corner of section 21; said line also lying on the boundary of the Midpeninsula Regional Open Space District; thence following said boundary of the Midpeninsula Regional Open Space District southerly then easterly and then southerly to the point common to sections 21, 22, 27 and 28; said point also being the point of beginning. i EXHIBIT A-1 MROSD BOUNDARY ' Annexed by Resolution #8 2-5 2 L----••— ..... ..,.�,,,,,,,,�,,,,,,,,. 1 1-10-82 1 � (Silva Property) 1 _ 22 29 28 28 7 Point of Beginning PROPOSED FOR ��2��Gto�a6` o ANNEXATION 2 o 17 d 7Q�Q I (Big Dipper Ranch) ,L 2040' Q Coo 29 28 28.27 Q 32133 33134 J O cc 0 a NORTH LOCATION MAP , i .\� PRESERVE CALE (i feet) -,- ip�.PEOGE a �OPEN YEGE DLO 0 1000 2000 3000 4000 5000 - � ►^� ^ 7-7 PROPOSED ANNEXATION ' 3 36.2 TO: MIDPENINSULA REGIONAL OPEN \V.A6 oLOW SPACE DISTRICT SUBJECT PROPERTY E h CREfR 33 -- CO.PK I ? ENTITILED: MIDPENINSULA PRESERVES 1995 SKYLINE RIDGE ` IESCMENO CAEFA .' rATE DATE: JUNE 5, 1995 — _ i Exhibit B Annexation to: Midpeninsula Regional Open Space District Name of Annexation: Midpeninsula Preserves 1995 - Purisima Creek Redwoods Date: March 7, 1995 Description: The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: i BEGINNING at a point marked by an iron pipe monument at the base of a tan bark tree, said point of beginning bearing North 830 24' 09" East 1833.75 feet from U. S. Coast and Geodetic Survey Triangulation Monument marked "Bald Knob 1931 San Mateo County, Calif.", at Latitude 37' 25' 24.528" and Longitude 122' 21' 11.204", said point also being along the boundary of the Midpeninsula Regional Open Space District as established November 2, 1976; thence from said point of beginning South 47' 30' 15" West 217.15 feet; and South 32' 03' 13" West 233.88 feet to a point, said point being marked by an iron pipe monument; thence South 36' 55' "15 West 156.77 feet, South 43" 07' er 15 West 121.05 feet; and South 20' 24' 09" West 245.13 feet to a point, said point being marked by an iron pipe monument; thence South 651 06' 39" West 316.56 feet to a point, said point being marked by a 2 inch by 2 inch stake; thence North 60' 13' 15" West 104.72 feet, North 851 58' 45" West 85.49 feet, South 38' 52' 15" West 76.11 feet, South 13' 52' 15" West 54.12 feet, South 84' 22' 15" West 116.82 feet, South 86' 22' 15" West 74.24 feet, South 55' 22' 15" West 115.39 feet, South 330 22 15" West 93.72 feet, South 57' 07, 15 West 115.39 feet, South 441 03' 15" West 95.99 feet, South 75' 03' 15" West 161.70 feet, South 490 48' 15" West 257.40 feet, North 80' 26' 45" West 390.72 feet, South 520 48' 15" West 99.00 feet, South 58' 48' 15" West 59.40 feet, South 15' 18' 15" West 143.88 feet, South 60 11' 45" East 69.30 feet, South 21 11' 45" East 104.28 feet, South 120 18' 15" West 138.60 feet, South 140 56' 15" East 206.24 feet, South 41 33' 15" West 260.04 feet, and South 21' 59' 03" East 112.33 feet to a point, said point being marked by an iron pipe monument; thence South 271 48' 15" West 349.28 feet, and South 340 36' 33" West 86.36 feet to a point, said point being marked by an iron pipe monument; thence South 181 26' 45" East 146.52 feet, South 230 11' 45" East 71.28 feet, South 190 41' 45" East 144.54 feet, South 18' 26' 52" East 138.13 feet, North 840 48' 15" East 176.88 feet, North 701 27' 15" East 193.08 feet, South 230 06' 15" West 132.35 feet, South 62' 30' 15" West 194.24 feet, South 290 53' 15" West 265.74 feet, South 211 38' 15" West 253.72 feet, South 17147' 45" East 164.02 feet, South 361 53' 45" East 299.69 feet, South 39' 56' 45" East 167.86 feet, and South 220 50' 32" East 97.10 feet to a point, said point being marked by an iron pipe monument; thence South 65' 23' 15" West 346.50 feet, South 130 42' 15" West 179.77 feet, South 0° 57' 45" East 74.40 feet, South 10129' 45" East 94.05 feet, South 120 21' 15" West 155.30 feet, South 58' 46' 15" West 137.90 feet, North 431 25' 45" West 457.40 feet, South 50' 08' 15" West 623.65 feet, South 131 37' 15" West 346.14 feet, South 69108' 15" West 188.10 feet; thence North 40' 31' 27" West 406.62 feet to a point, said point being marked by an iron pipe monument; thence North 560 00' West 165.00 feet; thence North 380 00' West 505.94 feet; thence West 266.08 feet; thence North 79100' West 446.43 feet; thence North 25' 00' East 376.20 feet; thence North 65' 00' West 660.00 feet, thence South 25' 00' West 330.00 feet, thence North 56' 00' 00" West 300 feet, thence North 52' 02' 37" East 967.80 feet, North 37' 29' 43" West 722.42 feet to a point, said point being marked by a 12" x 12" concrete monument; thence South 52' 08' 34" West 975.24 feet to a point, said point being marked by a concrete monument with an iron pipe center; thence South 380 05' 06" East to the center of the South branch of Lobitos Creek; thence Westerly down the center of said branch of Lobitos Creek to a point, said point being marked by an iron pipe monument set at the intersection of the North and South branches of the Lobitos Creek; thence up the centerline of said North branch of Lobitos Creek, North 29' 01' 05" East 195.72 feet, North 611 50' 01" East 81.86 feet, North 35' 46' 28" East 87.95 feet, North 16' 47' 28" East 122.99 feet, North 4° 48' 59" West 79.34 feet, North 191 16' 28" East 64.87 feet, North 350 45' 28" East 91.77 feet, North 1° 50' 41" East 85.04 feet, North 10' 14' 54" East 166.32 feet, thence North 71' 51' 43" East 345.69 feet, thence North 18' 15' 00" East 320.10 feet, thence South 71' 51' 43" East 2198.27 feet, North 32' 32' 06" West 664.05 feet, to a point, said point being marked by a concrete monument with an iron pipe center; thence South 591 08' 00" West 176.80 feet, thence North 86' 08' 00" West 1435.14 feet; North 261 50' 26" East 39.12 feet, North 25' 26' 01" West 124.84 feet, North 1° 50' 48" West 57.97 feet, North 171 31' 25" East 67.38 feet, North 10' 44' 22" West 103.23 feet, North 2° 23' 55" West 154.23 feet, North 24" 04' 32" East 152.31 feet, North 90 42' 59" East 195.63 feet, North 200 07' 39" East 85.92, North 1° 07' 59" East 107.89 feet, North 20' 43' 06" East 171.81 feet, North 23' 58' 59" East 85.79 feet, North 20' 54' 06" East 271.24 feet, North 51 1l' 26" East 122.84 feet, North 530 54' 26" East 109.08 feet, North 780 57' 53" East 196.20 feet, North 34' 21' 26" East 93.86 feet, North 431 39' 13" East 40.90 feet, North 870 06' 33" East 53.11 feet, North 750 45' 20" East 76.32 feet, North 72' 46' 40" East 78.05 feet, North 270 59' 33" East 68.22 feet, North 52' 52' 13" East 71.72 feet, North 53' 03' 40" East 85.89 feet, North 540 18' 40" East 68.53 feet, North 59' 33' 40" East 137.88 feet, North 650 02' 00" East 65.40 feet, North 570 42' 00" East 103.28 feet, North 570 12' 00" East 116.43 feet, North 45' 35' 20" East 92.08 feet, North 87' 40' 47" East 101.87 feet, South 760 16' 07" East 110.80 feet, South 810 59' 47" East 77.08 feet and South 74140' 40" East 150.06 feet; thence leaving said centerline of Lobitos Creek, South 740 09' 07" East 110.99 feet, South 640 25' 20" East 165.59 feet, South 670 25' 20" East 205.26 feet, South 580 48" 27" East 155.49 feet, South 750 50' 14" East 92.23 feet, South 630 02' 27" East 123.82 feet, South 70' 49' 54" East 116.80 feet, South 81' 17' 47" East 81.63 feet, South 850 53' 14" East 69.28 feet, North 88' 33' 26" East 202.80 feet, South 75' 52' 01" East 184.92 feet, South 600 45' 21" East 188.10 feet, South 871 34' 13" East 85.39 feet, North 430 08' 48" East 175.56 feet, North 44' 25' 10" East 175.19 feet, North 500 57' 45" East 214.90 feet to a point along the boundary of the Midpeninsula Regional Open Space District as established November 7, 1976, thence following said boundary, South 31' 30' 20" East 833.55 feet, South 871 34' 11" East 1055.08 feet, North 871 37' 45" East 203.94 feet, North 68' 07' 45" East 264 feet, North 800 07' 45" East 124.74 feet, South 840 07' 15" East 101.64 feet, and North 57' 22' 45" East 264.00 feet to the point of beginning. i EXHIBIT B-1 Nogrh BRANCH LOBITOS CREEK LOCATION MAP u /' - W W W W w,�W W W W°• '•W '1 7 ^�3 C• � _�-- r _\ ! �`• ...� O 3 W 'r • .T. y- ^•,3*_ n� W V V w_y .` - _ yl•,t^,' : Ly �. S Six _ �=_�^Y••�„•'-nr �N WMoy'- a�' N .>�. N;rl�n E r u•..... ^�i a �R` m` � NN30'0r•w Sls1 - •.,N a �� 39.12 o i o SUBJECT PROPERTY '+ o W r NsrTr i 2 li.r 7f•Jr° ^• M = M10u'srFlau'._:v� •sE se• �, �u.r ^ '" i W _ ` MI•50141'E 050I'., \e t Yi:Y'F NfT'.. f - 37 2198.?7, sa•j�;- CN3S•4S'28•E i•Si,�3• �� ^ 91,77 +lrSra•r elEa• 2 BALD KNOB ..77)IK'r 35.72' Grh' S52•0e'34•W � 975,24' -�. r w aJy. o�o_ Lei CO o i o is _ � @•j0 c S CRffK_ POST Property :� Sl Mi'•';a••E tJ)Sa'.... ��\ POINT OF N Nar•JT'aS'F 2�+' .-_- \ BEGINNING MsOar•aYr�taT.... , nNBARK TREF sesvT�s-Elaa•- „��-'r, NST•lt'rs•E t.� Nw.CCR.OF FROMEii' TP= It 1 .V Sl'JPlrF ` •', T Y 9 r e e e s srsa'ss': rc ti•.. Y�` a i L r ^ �n``;�;°:� N � 'S�r,•• S�f•<•'rS'E Wft'.. � n n^.,n w a a w 5 7•4 "'t Ya SI'... .1 rr �sT VMH'i5•[IT.A r Nb'CTIS'E :SI°d' I 9r• a rt•le iS'w AJ U ...5[i'Ji 1YN IS7 i5' ' SIT3VWO 7.5v- su 300' � o� 0' 600• 1200' N56•W 165• ..SssISY45r 2770' I- NIW M: �`N W 1w••• a i " "'" a ^�" i++r ._slrsJ'3rE e7r Annexation to Midpeninsula Regional Open Space District a a4° � Name of Annexation: Midpeninsula Preserves 1995- Purisima Creek Redwoods S.Y°I'If'r NI'' Date: March 7, 1995 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-74 Meeting 95-13 June 14, 1995 AGENDA ITEM Authorization to Purchase Tractor with Articulating Boom Mower GENERAL MANAGER'S RECOMMENDATION Authorize the general manager to execute a purchase contract with Pringle Tractor of Salinas for one 4-wheel-drive tractor with articulating boom mower at a cost of$74,525.24. DISCUSSION At your March 18, 1995 meeting, you authorized staff to solicit competitive bids for one tractor with an articulating boom mower (see report R-95-39). Staff s estimated cost for the tractor was $70,000. After finalizing specifications, staff solicited competitive bids from tractor dealers throughout California. The District received the following bids (tax included): 1) Smith Equipment of Valley Center $81,162.60 2) Pringle Tractor of Salinas $75,278.02 3) Jenkins Machinery of Concord $73,994.08 4) Municipal Maintenance Equipment of Sacramento $68,183.97 5) Noble Ford Tractor of San Jose $76,935.93 Staff reviewed the bids, comparing the specifications of each tractor with articulating boom mower to the District's bid specifications. Two bidders met the District's specifications, Smith Equipment and Pringle Tractor. Bids received from Noble Ford and Municipal Maintenance Equipment were for mid- mounted mowers. The District's specifications called for a rear-mounted mower. Rear- mounted mowers are more maneuverable on narrow fire roads and are easier to transport on a trailer. Rear-mounted mowers can be removed in considerably less time, making the tractor more versatile for other uses, including discing and grass mowing. The bid from Jenkins Machinery failed to meet two critical District specifications. The first specification required a minimum of two speeds between .5 and 1 mph at operating rpm. Jenkins' two lowest speeds were 1.2 and 1.8 mph. This is an important issue not only from the standpoint of brusher effectiveness, but from safety as well. When brushing along 330 Distel Circle , Los Altos, CA 94022-1404 * Phone: 415-691-1200 * FAX:41 5-691-0485 * E-mail: mrosd@netcom.com Hoard of Directors:Pete Siemens,Mary C.Davey, Teena t ienshaw,Ginny Habhitt, Nonette Hanko,Betsy Crowder,Wlm de Wit t;encral Manager:t.Craig Britton R-95-74 Page 2 narrow roads with a steep drop-off, it is crucial that the tractor be operated at speeds less than 1 mph. Secondly, the transmission did not meet the specification requiring a single lever, forward/reverse, multiple speed shift lever. This allows the operator to change both direction and speed with one shifting action, saving time and reducing operator fatigue. Jenkins also failed to meet two other specifications related to the tractor frame and thickness of steel in the mower head. Pringle Tractor of Salinas met all bid specifications and was the lowest responsive bidder. The total cost of$74,525.24 includes sales tax and a I% early payment discount. The purchase of this tractor will exceed the budgeted amount by $4,525.24. Staff has recommended that one of two replacement fire pumpers budgeted for fiscal year 1995-1996 be dropped from the current budget. This will provide an additional $4,000 to offset the purchase price. Replacement of fire pumpers is part of an ongoing preventative maintenance program. The pumper unit dropped from this year's budget can be rescheduled for replacement in fiscal year 1996-1997; therefore no budget augmentation is required to complete this purchase. Prepared by: David Tapley, Support services Supervisor John Escobar, Operations Manager Contact person: David Topley, Support services Supervisor Open Space R-95-78 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-13 June 14, 1995 AGENDA ITEM Cleanup of Skeggs Point Solid Waste Disposal Site in El Corte de Madera Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATION `\ 1. Adopt the attached Resolution authorizing the San Mateo County Health Services Agency to enter into a grant agreement with the California Integrated Waste Management Board and approving filing of an application for grant funds from the Solid Waste Disposal Site Cleanup Trust Fund for the cleanup of the Skeggs Point solid waste disposal site in El Corte de Madera Open Space Preserve. 2. Authorize staff to spend up to $12,500 to plan and implement restoration of the site as part of the cleanup project. BACKGROUND District staff met on May 18, 1995 with staff from the San Mateo County Environmental Health Services Division and the California Integrated Waste Management Board. They discussed the potential of using funds available under the Solid Waste Disposal and Codisposal Site Cleanup Program (AB2136) for a solid waste disposal site located in El Corte de Madera Open Space Preserve. State of California Solid Waste Disposal and Codisposal Site Cleanup Program Assembly Bill 2136 (enacted October 1993) requires the California Integrated Waste Management Board to provide a program for the cleanup of solid waste disposal sites. It applies to sites where the responsible party either cannot be identified or is unable or unwilling to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment. As part of this program, the Waste Management Board may expend funds directly or provide grants to certified local enforcement agencies for abatement of such disposal sites. In prioritizing sites for cleanup, the Waste Management Board considers the risk to public health and safety, the ability of the site owner to clean up the site without monetary assistance, and the ability to adequately clean up the site with available funds. There is currently no application deadline. Project applications are reviewed and evaluated on a continuous basis. The Waste Management Board may either allocate the cleanup funds to the County, or do the project directly, using their own pre-approved contractors and project managers (board-managed cleanup). 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1 200 * FAX:41 5-691-0485 * E-mail: mroscl@netcom.com Board ot'Oirec'tor5 Pete Siemens,Mary(. Davey, Ieena l It,nshaw,tinny Babbitt,Nonette f lanko,Betsy Crowder,Wim tie Wit General Manager-L.Craig Britton R-95-78 Page 2 Our District cannot apply directly for the cleanup program. The San Mateo County Health Services Agency is the certified local enforcement agency for solid waste disposal sites in San Mateo County. District staff will work with County staff to provide the state with the information needed to make a determination under the County's local enforcement agency authority. History of Skeggs Point Disposal Site The disposal site was created while the property was under the ownership of Mr. Alan Hosking of Woodside. The District purchased the property from Mr. Hosking in 1988. However, the purchase agreement allowed Mr. Hosking to retain possession of the five-acre area surrounding the disposal site until 1992. The five-acre holding included Mr. Hosking's primary residence. The District withheld $10,000 from Mr. Hosking during escrow to cover the cost of the disposal site cleanup. Mr. Hosking was also responsible for a portion of the engineering costs to develop a cleanup plan. In a 1990 settlement agreement between the District and Mr. Hosking, he was also deemed responsible for the cost of additional dumping which occurred under his direction after the District's purchase of the property. Unfortunately, none of the money was ever collected from Mr. Hosking. He filed for bankruptcy in July, 1992. The District has spent over $30,000 preparing a cleanup plan for the disposal site, demolishing the residence, and removing miscellaneous surface debris. The engineer's report estimates that the site currently contains 5,500 cubic yards of wood, concrete, and household refuse. The estimated cost for removal and restoration, including a 30% contingency, is $450,000. DISCUSSION Grant Application Process The District provided the California Integrated Waste Management Board and the Health Services Agency with a chronological history of the site and an accounting of what has been spent to date on cleanup. On May 25, the Health Services Agency wrote to the Waste Management Board requesting the site be considered for a waste management board-managed cleanup. The Waste Management Board will consider the project at their July meeting. If approved as a board-managed cleanup, the State would fund the project, hire the contractors, and manage the process of site cleanup. The County has agreed to facilitate the disposal of any hazardous wastes which might be discovered on the site, excluding soils and materials R-95-78 Page 3 contaminated by leaking containers. The project could begin as early as August and be completed by October. District support for the program in the form of a resolution adopted by the Board of Directors and additional funding will increase the chance of the Waste Management Board approving the cleanup. Since the State contractor will only provide a simple seed mix for minimal erosion control following site cleanup, further site restoration will be necessary. To demonstrate additional District support, we recommend offering to be responsible for site restoration. This would include preparation of a site restoration plan this fiscal year. Staff believes this can be done in-house, but if other priorities dictate, staff would spend up to $2,500 for an outside consultant. This amount is available in the current fiscal year budget. The following year staff would implement the restoration plan. Again, we would attempt to do this in-house with field staff and volunteers. If necessary, we would spend up to $10,000 to complete the restoration, which would be included in the fiscal year 1996-1997 budget. Prepared by: Alice Cummings, Resource Planner Contact Person: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE SAN MATEO COUNTY HEALTH SERVICES AGENCY TO ENTER INTO A GRANT AGREEMENT WITH THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD AND APPROVING FILING OF AN APPLICATION FOR GRANT FUNDS FROM THE SOLID WASTE DISPOSAL SITE CLEANUP TRUST FUND FOR THE SKEGGS POINT ILLEGAL DISPOSAL SITE (EL CORTE DE MADERA OPEN SPACE PRESERVE) WHEREAS the le of the State of California have enacted Assembly Bill 2136 that PAP Y authorizes the California Integrated Waste Management Board (the Board) to initiate and administer a program for abatement of illegal disposal sites and provide grants to Board certified local enforcement agencies; and WHEREAS, said procedures established by the Board require the Governing Body/City Council/Board of Supervisors to certify and extend by resolution authority for applicant's Local. Enforcement Agency (LEA) to enter into a grant agreement with the Board for abatement of an illegal disposal site and approval for LEA to file an application with the Board for grant funds; and WHEREAS, the LEA will enter into an agreement with the Board for the illegal disposal site cleanup; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors HEREBY: 1. Authorizes San Mateo County Health Services Agency to enter into and execute a grant agreement with the California Integrated Waste Management Board; and 2. Approves the filing of an application for grant funds from the Solid Waste Disposal Site Cleanup Trust Fund in the State Treasury for the abatement of an illegal disposal site; and 3. Appoints the General Manager as agent of the Midpeninsula Regional Open Space District to conduct all negotiations, execute, and submit all documents including, but not limited to applications, grant agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. Open t R-95-80 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-13 June 14, 1995 AGENDA ITIM Amendment to the Use and Management Plan for Russian Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS Tentatively adopt an amendment to the Comprehensive Use and Management Plan for the Russian Ridge Open Space Preserve to realign a 0.7 mile segment of the Bay Area Ridge Trail. DISCUSSION The Comprehensive Use and Management Plan for the Russian Ridge Open Space Preserve contained a recommendation to realign the Bay Area Ridge Trail segment extending south from the Mindego Ridge Trail opposite the CalTrans vista point pullout on Skyline Boulevard (see report R-91-60, dated April 29, 1991). The existing trail was wide enough for patrol vehicles but was very eroded and steep. The work was completed in June, 1993 at a cost of approximately $2,500. The project was grant-funded and was billed to the Trail Grant Program administered through the California State Department of Parks and Recreation. In May, 1995 staff contracted to realign a section of the Bay Area Ridge Trail located north of the CalTrans vista point pullout. This portion of the realignment was not included in the 1991 Use and Management Plan. Typically, staff would amend the use and management plan prior to beginning this type of project. However, in this case, the project began as a much smaller project that would not have required an amendment to the use and management plan. The n original project would have realigned only the short, steep section of trail leading from o the Mindego Ridge Trail to the ridgetop. Shown on the attached map, the completed project is a realignment of approximately 0.7 miles of trail extending from the Mindego Ridge Trail (located opposite the CalTrans vista point pullout) northerly to the radio facility operated by San Mateo County on the former Norton property. The trail is accessible to patrol vehicles and is currently used as a common patrol route through the northern part of the Russian Ridge Preserve. Various segments of the existing trail were extremely steep, eroded, and very rocky. As was the case with the Bay Area Ridge Trail segment south of the Mindego Ridge Trail, the trail was an old ranch road built for ease of construction and was not situated in the best location for long term maintenance. The road was located at the crest of the ridgetop, restricting water flow to the troughed tire tracks, instead of sheeting off the road. This caused erosion as the water had nowhere to go but down the road. The trail was realigned to follow a gentler grade and now provides preserve visitors with an exceptional view westerly towards the Pacific Ocean and easterly of San Francisco Bay. The tire tracks on the existing road will be ripped and 330 Distel l C irce - Los Altos, CA 94022-1404 * Phone:415-691-1200 * FAX:41 r-F>97-0485 - E-mail: mrosdr+;netcom.com iTt Board of Oirec tors:Pete Siemens,Mary C.Davey, Teena t lenslmw,tinny Babbitt,Nonette Ilanko,Betsy Crowder,Wim de Wit Genf,�ral Manager:T.Craig Britton R-95-80 Page 2 revegetated this fall. Optimum conditions for trail construction usually occur in the late spring or early fall after several rainstorms. The Russian Ridge project was constructed in the late spring to obtain the maximum benefit from the soil moisture conditions. Unfortunately, this late spring timing corresponded to the height of the wild flower season this year. The project was expanded once the contractor was underway with the original realignment. The contractor's workload did not allow for flexibility in rescheduling the work until a use and management plan amendment could be prepared. The trail was also widened from eight feet to twelve feet to accommodate emergency vehicles. This area was the location of a wildfire several years ago. All work on this project needed to be completed prior to June 30, 1995 in order to be funded under a current Land and Water Conservation Fund grant. Although this realignment project was not included in the original grant application, it was added after the original grant was awarded and revised, as there were unspent funds. The scope of any grant-funded project may be revised while the project is underway, as long as the funds are used for similar projects on the same preserve. Prepared by: Mary Gundert, Open Space Planner Contact person: Same as above COAL CREEK OPEN SPACE PRESERVE and RUSSIAN RIDGE OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOOTHILLS I'AI N City 0f Palo AljQ t n a Patti es( tsthtty:} (RR07) (rn 2 00 1400 (--,)2200 i . / Mt.Melville 18 0 i �� 1600 0.8 COAL CREEK ( p Alpine Road is OPEN SPACE mansged and maintained PRESERVE -`'°f� le'^\ by San Mateo County •; Barn o CC05 (cored area l 0.5 / 2000 ce�J 0.7 0.4 0.3 6.2 1800 (RR06) • • 2400` f1800 \ . /"� (0002) 1 2200 Q10•• 1600 Expanded Project ,RP_ o.s l (completed) �t r� o.s ',ail 24 2000 (RROI) 0.4. 1 0.7 s �CC03) Cf ``'(� ( Original Project �'�ee o.8� ,\\\ . � 1 0.3 0.5 P`d^ 2200 G1i0ff ' 3n.: 0.3 �'1 (MB05? L L ( Borel �I Hill 2\ �� L... 0.3 l �_� (Ccon RUSSIAN RIDGE < \• Ridge 2aoo �� OPEN-SOACE �'=� � 0.2 o.s V PRESERVE .a4' 0.3 J —� o- 0.s /- 1600 /1 7800 ` 2200 p ncien/0 � r tt1@ 2400 1 0.3 < �p� jjpad •� 20001800 /,r • 1.0 :® 1.0 /� I � nw 6eMe Or•W+a•a OrAR'IYOM im Open Spac MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-75 Meeting 95-13 June 14, 1995 AGENDA ITEM Final Adoption of an Amendment to the Comprehensive Use and Management Plan for St. Joseph's Hill Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Adopt the amendment to the Use and Management Plan for St. Joseph's Hill Open Space Preserve for minor modifications to the preserve's trails plan. DISCUSSION At our May 24, 1995 meeting, you tentatively adopted the amendment to the use and Y Y management plan for St. Joseph's Hill Open Space Preserve for minor modifications to the preserve's trails plan (see report R-95-73). The proposed modifications consisted of realignment of trail. segment 8, located on the north side of St. Joseph's Hill, realignment of trail segment 14, located along the erosion gully, and restoration of trail segment 9, located on the west side of St. Joseph's Hill. As a result of Board discussion at the May 24th meeting, Exhibits A and C have been revised (see attached). The legend now reads "Areas to be Restored" instead of "Closed Trails To Be Restored". Staff has received no public comment since your May 24 meeting. Prepared by: Sheryl Cochran, Open Space Planner Contact person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 E-mail:mros( netcom.com Board of t>rrectors�Pete Siemens,Mary< Davey,Teeny Nenshaw,Ginny Babbitt, Nonette Hanko, Betsy Crowder,Wim de Wit General Manager:L.Craig Britton MMPENINSULA REGIONAL OPVN SPACE DISTRICT St. Joseph's Hi )pen Space Preser� PROPOSED �` LOS GATO TOWN TRAIL CREEK TRAIL JONES Trail Use ROAD Proposed Hiking Trails Map Legend HIGHWAY 17 —•— Proposed Multi-Use Trails © County Parking •`: �--+ Restroom Proposed Trail Realignment NOVITIATE To Be Determined Other Public .. �. L._ 4 Existing Multi-Use Trails Lands Areas To Be Restored - No Public Entry Private Lands 1 HISTORIC JONES TRAIL - • � TRW M • �t • O ' OPEN SPACE • �(1 EASEMENT '� • CURRENT JONES —""` S TRAIL ALIGNMENT i ( 23 J z ST. JOSEPH'St HILL TRAIL ❑ �� .121 f '�I22 l� ' E 18+ ,, • A. owl MANZANITA TRAIL. ! ALMA BRIDGE ROADS Note: Dogs on leash are allowed --- - , on all preserve trails. 1 TJ f LEXINGTON RESERVOIR COUNTY PARK EXHIBIT A June 1995 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile � LEGEND Existing Multi-Use Trails —•— Proposed Multi-Use Trails s' Areas To Be Restored " 41 �► —x— Temporary Fence Barrier ® Restoration Areasg Trail Segment 16a `J 17 ek 23 s, R To Be Eliminated -, 15 , � C t. Y V' � � Proposed , i s Proposed Trail :iStEr Reafi nment' .tea i Segment 3. - / {� Trail j 9 A •` L. Realignment r • � �i ;. • 1 To Be ti a Eliminated` 0/ . .4 121 c� I�n� F /J zz �J It Existing Trail Segment 18 � 14 11 10 x ' I s' OAK MITIGATION Gov i AREA REVEGETATE a R ME n Tr z r PISTOL RANGE AND UNOFFICIAL TRAILS R► " 0 -1005 0.1 0.2 :» MILE' -- -:. June 1995 EXHIBIT C AERIAL MAP OF RESTORATION AREAS ST. JOSEPH'S HILL OPEN SPACE PRESERVE � Claims No. 95-11 � K8eeUngQG-12 � m�y Date: June14. 199q REVISED K8|UPEN|NGULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7788 444.82 Acme &Sons Sanitation, Inc. Sanitation Services 7789 106.05 American Welding Supply Equipment Supplies � 7790 237.30 Randy Anderson Reimbursement-Training and Vpbioke Expense 7791 94.39 AT&T Telephone Services 7792 46.55 Barron Park Supply Co. Water Heater Thermostat 7793 358.10 Best Sanitation Sanitation Services 7784 15.76 Bishop Company Field Supplies 7795 40.00 Black Mountain Spring Water VVmbar 7786 78.12 Burke Concrete Accessories Concrete Sealer 7787 108.87 California Water Service Company Water Service 7798 47.86 Center For Urban Policy Research Resource Documents 7789 63.71 C|ork'oAuto Parts /& Machine Shop Vehicle Expense 7800 180.00 Patrick Congdon Reim burmernent-Fire Training 7801 180.04 Continuing Education of the Bar Resource Documents 7802 78.30 EdCorekin Maintenance and Repair 7803 800.00 °1 John Escobar Reim buroomnent-Specio| District Conference 7804 500.00 First American Title Insurance Company Pro(inn|no,y Title Report 7805 154.05 Foster Bros. Security Systems, Inc. Keytagx 7806 381.70 0mrdon|ond Power Equipment Equipment Supplies 7807 433.38 Gateway 2000 Computer Monitor 7808 404.99 Grainger Shop Supplies 7808 137.10 K8oryGundert Private Vehicle Expense 7810 263.47 Honda Peninsula Vehicle Parts 7811 1'036.23 Hyotar Sales Company Equipment Repair 7812 1'850.00 Institute of Computer Technology Training Registration-J. Esc,^bar, K 1""'`� O. Top|my' D. Sanguinatti' and A. Coleman 7813 3.602.90 JedaPub|ioationn, Inc. Brochures and Reprints 7814 54.34 Koeb|o &GhuohatPhotography Photo Processing 7815 417.00 Keye Productivity Center Seminar Reg intnaUon-J.Kovvaieaki, D. Dolan and P.Cnngdon 7816 124.49 Judy Law Reimbursement-Supplies and |�� `'-ite Vehicle Expense 7817 738.34 Los Altos Garbage Company OumpabarRenta| 7818 1.019.43 K8enmin A. Mace Consulting Services 7818 1'333.50 K8etroK8obi|eComnnunioaUono Radio 7820 188.00 Metro Newspapers Advertising 7821 535.81 K8inton'o Lumber & Supplies Lumber 7822 325.00 Mobile Radio Resources FCC Radio License 7833 2'550.00 °2 Naverone |nduntrieo' Inc. Postage 7824 19.50 Netonmm On-line Service 7825 1'413.00 Nie|oanGooteohnioo|' Inc. Consulting Services 7826 202.73 Noble Ford Tractor, Inc. Equipment Repair 7827 147.32 Northern Energy Fuel °1 Urgent Check Issued May 24' 1995 °2 Urgent Check Issued June 2. 1995 Page 1 Claims No. B5-11 Meeting 95-13 Date: June 14. 1SQ5 REVISED /N|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7828 130.00 Bev Ortiz Docent Training 7829 1.084.21 Pacific Bell Telephone Services 7830 257.47 Peninsula Blueprint, Inc. Knopm 7831 362.03 Peter Petri Internship/Consulting 7832 15.77 Pi|orcibos[]uarry Bosanoch 7833 148.00 Fred Pryor Seminars 8eminapT. Roano 7834 1.385.59 Quick Silver Printing Printing Service 7835 8.81 Rancho Hardware and Garden Shop Field Supplies 7836 32.50 Rayne Water Conditioning Water Service 7837 245.38 Rich's Tire Service Tires 7838 482.76 Rornic Environmental Technologies Corp. Hazendoue Materials Supplies � 7838 2.218.30 Roy's Repair Service Vehicle Repair 7840 511.81 Russ Enterprises, Inc. Signs and Barricades 7841 98.32 Safeh/ K3een Solvent Service 7842 1.223.70 San Jose Mercury News Advertising 7843 169.00 San Mateo Times Newspaper Group Subscription � 7844 300.000.00 Santa Cruz Title Company Semporvinsne Fund Property Purchase 7845 990.00 SumanSnhantnnan Legal 8mrvioea-12/Q4-02/Q5 7846 5.355.00 SusanSchectnnon Legal Services-O3/95-O5/A5 � 7847 680.00 E.R. Sheehan Trail Construction 7848 803.44 Gi|vmnadoAvionics Inc. Radio � 7849 105.60 Skyline County Water District Water Service � 7860 851.63 Malcom Smith Reimbursement-Photography Equipment 7851 2.000.00 W. J. Sor|ch Babao 7852 16.50 Stevens Creek Quarry Boaonock 7853 452.55 Sunrise Winery Volunteer Recognition Event 7854 122.83 S &VV Equipment Co. Equipment Supplies 7855 288.88 ^3 Tap Plastics Bulletin Boards 7856 97.50 TronsmzmCoqJonoUon Repeater Repair 7857 156.24 U.S. Rentals Rental Equipment � 7868 114.90 Michael Williams Private Vehicle Expense 7869 1.175.90 Y'ondbind Equipment Sales Field Equipment and Repair � 7860 560.00 8ettennoud American Landscape Entry Sign Installation 7881 1.105.55 Pine Cone Lumber Field Supplies 7862 372.03 Petty Cash Docent and Volunteer Supplies, Film and Developing, Office and Field Supplies and Private Vehicle Expense °3 Urgent Check Issued May 25. 18G5 � Page Claims No. J!5-1i � Meeting S5-1� Date: June 14. 1996 M|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7788 444.82 Acme &Sons Sanitation, Inc. Sanitation Services 7788 106.65 American Welding Supply Equipment Supplies 7780 237.30 Randy Anderson Reimbursement-Training and Vehiuc � Expense 7781 84.39 AT& T Telephone Services 7792 46.55 Barron Park Supply Co. Water Heater Thermostat 7793 358.10 Best Sanitation Sanitation Services � � 7704 15.76 Bishop Company Field Supplies � 7795 40.00 Black Mountain Spring Water VVoher � 7796 78.12 Burke Concrete Accessories Concrete Sealer � � 7797 108.87 California Water Service Company Water Service 7788 47.95 Center For Urban Policy Research Resource Documents 7799 63.71 C|ark'oAuto Parts Q^ Machine Shop Vehicle Expense 7800 180.00 Patrick Congdon Reim buraornem-FineTraining � 7801 180.04 Continuing Education of the Bar Resource Documents 7802 78.30 Ed Corekin Maintenance and Repair 7803 600.00 °1 John Escobar Reimbursement-Special District � � Conference 7804 500.00 First American Title Insurance Company Preliminary Title Report 7805 154.05 Foster Bros. Security Systems, Inc. Koytago 7806 381.70 Garden|and Power Equipment Equipment Supplies � 7807 433.38 Gotnxvay3UOO Computer Monitor 7808 405.00 Grainger Shop Supplies 7809 137.10 K8aryGundert Private Vehicle Expense � � 7810 283.47 Honda Peninsula Vehicle Parts 7811 1'038.22 Hyoter Sales Company Equipment Repair 7812 1'050.00 Institute of Computer Technology Training Registration-J. Eacubar, KHart D. Top|ay' D. SmnQuinatti' eo(I � A. Coleman 7813 3.683.90 Jedo Publications, Inc. Brochures and Reprints 7814 64.34 Kaeb|e& 8huchatPhotography Photo Processing 7815 417.00 Keya Productivity Center SeminorRegistration-J.Kowa|eshi. D. Dolan and P.ConWdon 7816 124.49 Judy Law Reimbursement-Supplies and Vehicle Expense 7817 738.34 Los Altos Garbage Company OunmpoburRenba| 7818 1'019.43 yNemvin A. Mace Consulting Services 7819 1'333.50 N1etnoyWobi|eCommnuninaUons Radio � � 7820 188.00 Metro Newspapers Advertising 7821 635.81 &0inton'a Lumber 0 Supplies Lumber � 7822 325.00 Mobile Radio Resources FCC Radio License � � 7823 2'550.00 °2 Navanone |nduotheo, Inc. Postage � 7824 1S.5O 0etconn On-line Service � � 7825 1'413.00 Nielsen Gaotechnioa ' Inc. Consulting Services � 7826 202.73 Noble Ford Tractor, Inc. Equipment Repair � 7827 147,32 Northern Energy Fuel � °1 Urgent Check Issued May 24' 1985 � *2 Urgent Check Issued June 2, 1095 Page � � Claims No. 95-11 K4eetngQ5-13 Date: June 14. 1995 K8|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7828 130.00 Bev Ortiz Docent Training 7829 1,084.21 Pacific Bell Telephone Services 7830 257.47 Peninsula Blueprint, Inc. Maps 7831 362.03 Peter Petri 7833 149.00 Fred Pryor Seminars SmminapT. Roaeo 7834 1.386.59 Quick Silver Printing Printing Service 7835 8.01 Rancho Hardware and Garden Shop Field Supplies 7836 32.50 Rayne Water Conditioning Water Service 7837 245.26 Rich's Tire Service Tires 7838 462.76 Romio Environmental Technologies Corp. Hazerdous Materials Supplies 7839 2.218.30 Roy's Repair Service Vehicle Repair 7840 511.81 Russ Enterprises, Inc. Signs and Barricades 7041 98.32 Safety-K|oon Solvent Service 7842 1.223.70 San Jose Mercury News Advertising 7843 169.00 San Mateo Times Newspaper Group Subscription 7844 300.000.00 Santa Cruz Title Company Sampen/insnm Fund Property Purchase 7845 990.00 Gusan8nheotmnan Legal Sen/ioes-12/94-O2/Q5 7846 5.355.00 Gusmn8ohactrnan Legal Sen/imas-O3/S5-U5/95 7847 880.00 E.R. Sheehan Trail Construction 7848 883.44 Si|venado Avionics Inc. Radio 7849 105.60 Skyline County Water District Water Service 7850 861.83 Malcom Smith Reimbursement-Photography Equipment � 7851 2.000.00 N1J. Sohoh Gates � 7852 18.50 Stevens Creek Quarry Baseuoch � 7863 452.55 Sunrise Winery Volunteer Recognition Event 7854 122.63 8 &VV Equipment Co. Equipment Supplies � 7855 288.88 °3 Tap Plastics Bulletin Boards � 7856 97.50 TnanmoomCorponaUon Repeater Repair 7857 158.24 U.S. Rentals Rental Equipment � 7858 114.90 K8ichoe|VWUiarno Private Vehicle Expense � 7859 1.175.90 Yondbinj Equipment Sales Field Equipment and Repair °3 Urgent Check Issued May 25. 1995 Open Spat MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager ' Y fir, DATE: June 14, 1995 SUBJECT: FYI Open Spa MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING - BOARD OF DIRECTORS NEIGHBORHOOD WORKSHOP FOR LONG RIDGE OPEN SPACE PRESERVE Saturday, July 8, 1995 Gate at Intersection of Skyline Boulevard and Portola Park Heights Road 10:00 A.M. to Noon The Board of Directors of the Midpeninsula Regional Open Space District will hold a neighborhood workshop for the Long Ridge Open Space Preserve beginning at 10:00 A.M. at the gate located at the intersection of Skyline Boulevard and Portola Park Heights Road. The purpose of the workshop is to discuss the proposed amendment to the Use and Management Plan for the Long Ridge Open Space Preserve to construct the Bay Area Ridge Trail connection between Long Ridge and Skyline Ridge Open Space Preserve and other concerns of the Portola Park Heights community. As planned, the proposed section of the Bay Area Ridge Trail will cross the Portola Park Heights Road near the entrance gate located at Skyline Boulevard, generally following the alignment of an existing roadbed until it intersects the existing trail at Peters Creek. The District's Board of Directors considered the proposed trail crossing at their May 24 Regular Meeting. In light of concerns raised by members of the Portola Park Heights community., the Board deferred taking any action on this matter until after this neighborhood meeting on the preserve. Members of the public not able to attend this neighborhood meeting are encouraged to relay their comments in advance of the meeting to either Mary Gundert, Open Space Planner, or Jean Fiddes, District Clerk at (415) 691-1200. 330 Distel Circle * Los Altos, CA 94022-1404 0 Phone:415-691-1200 - FAX: 415-691-0485 9 E-mail: mrosd@netcoryi.com (Ri Board of Directors:Pete Siemens, '0ary C_ Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Spa,. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith June 8, 1995 Public Affairs Manager (415) 691-1200 Application Deadline Nears For Open Space District Board Vacancy Los Altos, CA -- Applications for appointment to the Board of Directors of the Midpeninsula Regional Open Space District must be submitted by 5:00 p.m., June 16, 1995. The vacancy on the Board of Directors was left by the departure of Ward 4 Director Ginny Babbitt, who stepped down from the Board as of May 25, 1995. Her term expires in November, 1996. The District is seeking applicants who reside in Ward 4,which includes the City of Mountain View, the Moffett Field area, and north Los Altos (bounded by Adobe Creek, Foothill Expressway, and Springer Road). The Board will interview candidates on June 21, with final interviews and the appointment scheduled for June 26. The appointee will serve the remainder of the term and then may stand for election in 1996. Applications are available at the District office, 330 Distel Circle, Los Altos. Additional information may be obtained by calling Jean Fiddes, Administrative Services Manager, at(415) 691-1200.- 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 39,000 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 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. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com @ Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Nianager:L.Craig Britton Santa Clara County open Space Authority Berard Members ���� lcrry T F,murk June 9, I7rrtrtr,1ht[n`[ Honorable Charles Calderon Poc carrtll„ Chair, Senate Judiciary Committee "'r`t wr'"` "`t 0 Room 4039, State Capitol �ti C'hturjxr,m P.O. Box 942848 j"ht,, Kilr`l Sacramento, CA 94248-0001 Ptrii[r)r.Ih'n'tct t R b't<<�t lr" Dear Senator Calderon: Otrccror, Distrt,t C,,tmemiJ.Ann.thw The purpose of this letter is to let you and the members of the Senate Director, Disrrt`[4 Judiciary Committee know the Board of Directors of the Santa Clara Richard For,C County Open Space Authority supports AB7O0. The bill was introduced Direcr,m.Dts[rtc[S by Assembly Member Jim Cuneen and will add mountain bicycling and aant4 Fraser-juare: paragliding to the list of hazardous recreational activities in the Director,Domcr 7 California Government Code. General Manager Although our Open Space Authority is more recently organized in accord Larr}("AM, with legislative enabling legislation, we expect to face the same pressures as the Santa Clara County Parks and Recreation Department and the Midpeninsula Regional Open Space District who already face an increasing demand for these uses on public lands. The purpose of this legislation is to provide further liability protection for public agencies who allow these activities. Our Board supports the legislation because of this added protection and as a result of the experience of the other agencies who have more fully developed programs of recreation activity. We urge your support of AB700 when it comes before the Senate Judiciary Committee. Yours truly, /--� 7 Jerry T. Estruth Chairperson, and Director, District 4 cc: Members of the Senate Judiciary Committee \AB700 29S G Galen Hill Prise, Los(i,rtt», ('Aitornia 95010-242 1 • 408-358-944 3 0 Fix 408-358-3245 i r RU $ £ N rBARRAL £ S MEMBER « BOARD OF SUPERVISORS .June 6, 1995 L. Craig Britton, General Manager MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Craig: Thank you for your active support of the San Francisco Bay Conservation and Development Commission. I assume that you are aware that on May 22, 1995, Governor Wilson dropped his proposal that BCDC be eliminated at the end of 1995. As a BCDC commissioner representing the County of San Mateo, I know that your active support of BCDC made a difference. The Governor's recent action was a clear response to the overwhelming public support for the important role that BCDC plays in the preservation of San Francisco Bay. , Thank you, again, for your successful role in helping-to protect our environment. Sincerely, Ruben Barrales • Supervisor, 4th District HAIL OF JUSTICE & RECOrRDS • REDWOOD CITY, CAL,IFORNIA 94063 DIRECT 415 363 4570 EAST PALO ALTO 473 9611 a FAX 363 1916 I 05 31--1S95 05:33 US ARMY SAVRT--AP-BH P.01 F=simile Transmi991on xrs A��r Troop Commau A ,A,e:+c,fllahIrmuiaa Ditsslo Ate SIMUIS an Md Aimma srtmu 17i+rta+na Mail stop 243-3 Amos tie UZ&Center Moffett Fish,CA 9i05-IM TOTAL 1, $FJiX 2. iEHflEFYB FFgPtE cow IMIM � rnerU 415404-6475 (415)644-6931 1 31 May 1995 IL WM9 of AMSAT-lt•AB Fran liter FFZiE MOE 415-604-5114 i, Ft�cE1vER s t 00ym cad.,and tvk*x raa n M WMPOW04 HAMM Mid ula R nal Space District 330 te2 Cu�cle �n Lc*Altos,CA 94022-1404 FAX 415/691-1200 c°'c� lemuen. Is it possible to get 10 or 12 of the brochure" � Free facility at NASA to and nearby Open S cDace �u pilots La tn? The US Army has a IMght Simulation ty oun men have from various Arm bases in the United States. A good nurnber of these y re My ggem© never been to California before and I think they would enjoy seeing some of th natural beauty of our State as well as the tourist attractions. if my request can be granted,would you please send the brochures to: Fran Kaster NA243-3 SA/Awies Research Center Moffett Field,CA 94035-1000 AGENDA: June 13, 1995 CATEGORY: Consent DEPT.: Community Services Department TITLE: Amendment to Agreement Between the City of Mountain View and The Friends of Deer Hollow Farm RECOMMENDATION Authorize Amendment to Agreement between the City of Mountain View and The Friends of Deer Hollow Farm concerning The Friends' role regarding Deer Hollow Farm. FISCAL IMPACT Net general revenue increase of $5,000 for Fiscal Year 1995-96. BACKGROUND AND ANALYSIS In July 1994, the City Council directed staff to pursue alternative funding sources for the operation of Deer Hollow Farm. Funding for Deer Hollow Farm for 1994-95 was provided by the City, the County of Santa Clara, the Midpeninsula Regional Open Space District and The Friends of Deer Hollow Farm. The County of Santa Clara, the Midpeninsula Regional Open Space District and The Friends wish to continue the cooperative relationship with the City established in 1994. This Amendment extends the City's Agreement with The Friends for one year and increases The Friends' contribution from $8,000 to $13,000 for the coming fiscal year, which will help offset increased costs in supplies, wages and other related materials, as well as enhance docent management programs. SUMMARY The Friends have enjoyed a cooperative relationship with the City and have provided valuable support to programs at Deer Hollow Farm for the past year. The Friends are desirous of continuing in their role and also of enriching the program offerings. Prepared by: Approved bb �X Paula Bettencourt David A. Wela Recreation Manager Community Services Director PB/CAM Kevin C. Duggan 201-5-16-95MI- City Manager JUN 1 19M Open Spat MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager >rr 2 DATE: June 9, 1995 SUBJECT: FYI 330 Distel Circle Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485 E-mail: mroscl@netcom.com netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babhitt,None:tte Hanko,Betsy Crowder,Wim de Wit ("Oneral M,)n,),g sr:I..Craig Britton Open Spat --------------------I----------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 31, 1995 Ms. Barbara Rice Executive Director Bay Area Ridge Trail Council 311 California Street, Suite 510 San Francisco, CA 94104 Dear Barbara: Thank you for your letter of May 23 regarding the Ridge Trail Council's position on AB700. As you know, our Board was disappointed that the Council decided not to take a position on this bill. However, I'm sure that this will not affect the very positive working relationship that our two organizations have enjoyed over the years. I'd like to address the concerns with AB700 that you outlined in your letter. The Council questions the merits of amending a law that already seems to be working. Assemblyman Jim Cuneen, the author of the bill, was asked essentially that same question during the bill's hearing before the Assembly Judiciary Committee. His insightful answer was that this is precisely the type of issue the legislature should be addressing, by taking a proactive stance on an issue that is likely to become a bigger problem later. His point was: why wait to act until agencies such as ours are in the position of having to spend hundreds of thousands of dollars defending themselves in litigation. Taking this action now will help to reduce the possibility of that eventuality. His arguments were persuasive and the bill passed unanimously in both the Assembly Judiciary Committee and in the full Assembly. The Council argues that public agencies already enjoy broad immunity in the Government Code, which is true. However, this does not lessen the need to maximize all available immunities. If the immunity in Government Code Section 831.4 is fully adequate, why then is there even a list of inherently hazardous activities elsewhere in the code? I would hope it's not the Council's opinion that there should be no activities listed as inherently hazardous. Assuming that the Council does not feel that way, then it seems illogical that activities already enjoyed on public lands, such as horseback riding, hang gliding, rock climbing, and others, should have a greater level of immunity than mountain bicycling. I fail to understand the Council's partial reliance on the fact that the Consumer Attorneys of California are in opposition to this bill. It should be clear that the trial lawyers' motivation is that this would indeed add another level of liability protection, thus reducing their ability to litigate and obtain settlements and/or verdicts. We interpret their opposition as a positive indication of the need for this designation. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com @ Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt, Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton May 31, 1995 Barbara Rice Page -2- The argument that this bill could result in additional amendments that negatively impact existing immunities is certainly debatable. It seems to me that the same could be said for virtually any bill. In any case, we have faith that Assemblyman Cuneen will protect both the spirit and letter of the bill, and will refuse to accept any amendments that would dilute the bill's intention. For our part, as the sponsor of the legislation, we would sooner pull the bill than see it amended into something beyond our intent. I'd like to make clear to the Council the very real possibilities of major injury in the sport of mountain bicycling. The majority of mountain bicyclists are no doubt cautious and responsible riders (the same can be said for equestrians, for instance, yet that activity is listed as hazardous). However, the fact remains that with the drastically increasing numbers of bicyclists on the trails, and the very clear trend toward a greater number and severity of solo mountain bike accidents, this is an inherently hazardous activity. The Council should be aware that the Santa Clara County Parks Department has experienced two mountain bike fatalities, and on District land numerous bicyclists have experienced life- threatening accidents, several of which have yet to fully recover. If this is any indication of the trend statewide, then the probability of litigation is very high(see attached summary of the District's recent accident history). I am very interested in the Council's reasoning that would apparently conclude that tree climbing, rope swinging, cross-country skiing, surfing, horseback riding, and the many other listed activities are, without exception, more hazardous than mountain biking. It seems clear that mountain biking is indeed consistent with the activities already listed in the code. Your letter suggests that mountain biking is a family and youth activity while implying the other listed activities are not; in fact most of those listed are engaged in by family and youth(for example, water activities, animal riding, archery, boating, cross-country and downhill skiing, rock climbing, rocketeering, surfing, trampolining, tree climbing, tree rope swinging, water skiing, white water rafting, and wind surfing). In any event, I'm not clear as to how the diversity of users affects the issue of liability, or the degree of hazard. The Council drew the conclusion that if mountain biking is included in this code section, it may open the door to some public agencies restricting or banning mountain bikes on the basis that it is designated in the Government Code as inherently hazardous. In fact, it is the absence of this additional liability protection that some agencies may see as cause for further restricting mountain bike usage on public lands. The greater the liability protection, the "easier" it will be for an agency to allow these multi-uses on public lands. It would be interesting to hear the arguments of an agency attempting to ban mountain biking on that basis alone, while allowing many of the other activities already listed as hazardous. May 31, 1995 Barbara Rice Page -3- Finally, as to the argument that this designation may make it more difficult to obtain insurance, we have seen no evidence that this is the case for any of the other activities listed; hang gliders, skiers, surfers, wind surfers, and equestrians are all able to obtain life insurance and group insurance, and similar uses have not affected the District's insurance. In fact, the only substantial insurance claim experienced by the District was a result of a mountain bicycle accident. This bill has received support from a wide variety of entities, including the California Parks and Recreation Society, Responsible Organized Mountain Pedalers (ROMP), Association for California Tort Reform, the Santa Clara and San Mateo County Parks Departments, City of Oakland Parks Department, Marin County Open Space District, Association of California Water Agencies, Bay Area Open Space Council, and Greenbelt Alliance. Thank you for the opportunity to fully spell out the District's reasoning behind A13700, and our rebuttal to the arguments against this bill. I would be happy to present this information to the Council should it decide to reconsider its position. kSicerely L. Craig Britton General Manager LCB/mcs cc: Board of Directors, M�ROSD Assemblyman Jim Cuneen Ralph Heim Robert Doyle, EBRPD Mike Kelley, vice-president, IMBA Space eninsula Regional Open ace District accident statistics: 1993 - 1994 P g P P Total number of reported visitor accidents in 1993: 68 Reported mountain bike accidents in 1993: 44 (65% of 1993 total) Total number of reported visitor accidents in 1994: 72 Reported mountain bike accidents in 1994: 47 (67% of 1994 total) Ranger staff reports that there are a high number of very minor injury accidents that do not generate a written report. The typical example is a scraped knee or elbow that the ranger witnesses in the parking lot as the visitor is departing. These require no response and no report. Mountain bicycle accidents requiring a written report generally fall into the following categories (1993 and 1994 combined): Minor injury: 21 (23% of total mountain bike accidents) - scrapes, bruises, cuts - minor first aid and assistance required by rangers - no transport required Moderate injury: 51 (55% of total mountain bike accidents) - significant scrapes, bruises, sprains, cuts, soft tissue injury, possible fractures - significant assistance and emergency first aid required by ranger - ground evacuation required by rangers or paramedics Serious or life-threatening injury: 20 (22% of total mountain bike accidents) - bone fractures, loss of consciousness, serious damage to soft tissue, head or spinal trauma - emergency multi-agency response and first aid required by some or all of the following: rangers, paramedics, fire, sheriff, police; requires activation of county emergency medical system (EMS) - emergency ground or air(Lifeflight) evacuation required Open Spac -------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 31, 1995 Board of Directors Bay Area Ridge Trail Council 311 California Street, Suite 510 San Francisco, CA 94104 Members of the Board: At their May 24, 1995 Regular Meeting, the Board of Directors of the Midpeninsula Regional Open Space District appointed Director Wim de Wit to replace Betsy Crowder as the District's designated director on the Bay Area Ridge Trail council Director de Wit's mailing address is: 1514 Mitchell Way Redwood city, CA 94061 His phone number is: (415) 369-8416 Sinc ly, L. Craig Britton General Manager cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 E-mail: mrosd®netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Spac ---------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith May 31, 1995 Public Affairs Manager (415)691-1200 Event Planned to Honor Founders of the Open Space District Los Altos, CA -- After twenty-three years of work resulting in the permanent preservation of 39,000 acres, the Midpeninsula Regional Open Space District is holding a special event to honor the nine individuals who were responsible for the District's 1972 founding and 1976 expansion. This event, which also commends the thousands of people who supported and put the issue on the ballot, is scheduled for Sunday,June 25, 1995, from 11:00 a.m. to 12:00 noon at the Monte Bello Open Space Preserve. The preserve is located on Page Mill Road seven miles west of Route 280 or one mile east of Skyline Boulevard (Route 35). The public is invited to join in honoring the founders and in the dedication of a bronze plaque to be unveiled at the site. A "bring-your-own"picnic lunch and special hikes will follow the dedication. The plaque thanks the thousands of people who were involved in the original 1972 ballot measure in northwestern Santa Clara County, and in the 1976 ballot measure in southwestern San Mateo County. Noted on the plaque are the members of the steering committees which coordinated the successful campaigns. For more information on the event, contact the District at (415) 691-1200. 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 39,000 acres of diverse open space and manages 23 open space preserves. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com @ Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton 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. I Open Spa 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith May 31, 1995 Public Affairs Manager (415) 691-1200 CALENDAR ADVISORY DO NOT PRINT AFTER JUNE 24 Event Planned to Honor Founders of the Midpeninsula Regional Open Space District WHAT: Unveiling and dedication of a plaque honoring the founders and supporters of the Midpeninsula Regional Open Space District. "Bring-your-own" picnic lunch and special hikes will follow the event. The event takes place 23 years after the District's formation, and after over 39,000 acres of open space has been preserved. WHEN: Sunday, June 25, 1995 11:00 a.m. - 12:00 noon WHERE: Monte Bello Open Space Preserve Page Mill Road, 7 miles west of Route 280; 1 mile east of Skyline Boulevard INFORMATION: Malcolm Smith (415) 691-1200 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd®netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Joan Young May 31, 1995 Volunteer Coordinator (415)691-1200 Open Space District Seeks Volunteers For Field Work Los Altos, CA -- The Midpeninsula Regional Open Space District sponsors a great number of volunteer projects throughout the year that help to maintain trails, re-vegetate hillsides, and restore areas to their natural condition. The "Preserve Partners"that volunteer for these important projects come away with a great sense of satisfaction after a morning or day spent in the outdoors breathing the fresh air, and spending time with others who share their love of open space. Volunteers are still needed for three upcoming projects: Saturday June 17 at El Corte de Madera Open Space Preserve, getting the trails ready for summer; Saturday,July 15 at Fremont Older Open Space Preserve, restoring trails; and Saturday,August 19 at Monte Bello Open Space Preserve removing fencing and restoring the area. Please call Joan Young, Volunteer Coordinator, at(415) 691-1200 for more information or to sign up for a project. 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 39,000 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 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. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd®netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Spac( ------------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Cheryl Solomon May 30, 1995 Docent Coordinator (415) 691-1200 Open Space District Offers Free Tours of Historic Thornewood House and Estate Los Altos, CA -- The annual free tours of the house at Thornewood Open Space Preserve, plus a short hike to Schilling Lake, will be conducted by Midpeninsula Regional Open Space District docents on Sunday, July 23, 1995. Thornewood house, located in Woodside, was designed by Gardner Dailey in the 1920s as a summer home for Julian and Edna Thorne of San Francisco. This tour provides visitors with a glimpse of the relaxed "summer home" lifestyle enjoyed in the early part of the century. The preserve also contains portions of the former estate of coffee and spice merchant August Schilling. Visitors to the preserve will enjoy seeing picturesque Schilling Lake hidden among the redwood trees. Tour reservations will be accepted only on July 10, 11, and 12 from 9:00 a.m. until noon. To reserve space on the combination house tour and guided hike, please call the District office during the reservation period at (415) 691-1200. 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 39,000 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 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. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415- 1 200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com ig Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTEROFFICE MEMO May 26, 1995 TO: Craig FROM: Randy, Mary SUBJECT: Permits to enter McDonald Ranch portion, La Honda Creek O.S.P. The recently executed lease with McDonald gives us the right to allow public access. In order to implement this, we need to: 1) Assess site to determine appropriate arrangements, areas, access points, signage, etc. 2) Review this with lessee, District staff, caretaker to confirm it works. 3) FYI to Board to inform/confirm. 4) Prepare appropriate map and description of the site for use by public. 5) Place any necessary signing on site. 6) Acquaint District staff as necessary with new situation. Implementing these permit access tasks is a low priority that we intend to pursue as other work allows. We expect to be able to implement this project this fiscal year. Please let me know if you have any questions or comments on this. cc: Del John Mike 3.30 Distel Circle Los Altos, California 94022-1404 " Phone: 415-691-1200 • FAX: 415-691-0485 Board oi`t)irertors:Pete Siemens,Robert McKibbin,Teena Nenshaw,Ginny Babbitt,Nonette Nanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton ! STp�lQ City of East Palo Alto o C6t�'d R At�O♦ REVISED AGENDA THIS AGENDA IS POSTED IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54950 ET SEQ. DATE POSTED: MAY 10 , 1995 - TIME POSTED: EAST PALO ALTO CITY COUNCIL REGULAR MEETING MONDAY , MAY 15 , 1995 COMMISSIONS INTERVIEWS - 6 :00 P.M. REGULAR MEETING - 7 : 30 P.M. COUNCIL CHAMBERS, 2415 UNIVERSITY AVENUE ORAL COMMUNICATION Presentation by the Midpeninsula Regional Open Space District regarding an overview of the District and to bring the City Council up-to-date. O S U)V V FO R L � 9 t✓UP �� m CITY COUNCIL AGENDA INFORMATION CALL SunDIAL 408/774-0262, Code 122 AGENDA SUNNYVALE CITY COUNCIL MAY 23, 1995 8 P.M. SALUTE TO THE FLAG ROLL CALL APPROVAL OF MINUTES (MAY 16, 1995) PUBLIC ANNOUNCEMENTS (3 - MINUTE LIMIT- NO COUNCIL DISCUSSION OR ACTION) CONSENT CALENDAR "\J PUBLIC HEARING/GENERAL BUSINESS 2. NO ACTION Presentation by the Midpeninsula Open Space District Addressing Activities, Objectives and Challenges for the Future. Recent E-mail to the District: To: mrosdgnetcom.com From: karenegMainStreet.Net (Karen Edwards) Subject: thanks for map Date: Fri, 2 Jun 1995 16:24:21 PST Just got the beautiful Open Space Map in mail. What a wonderful treat- instead of junk mail. Now I have alot of places to check out. I have hiked some of the areas but this is a great map. Thanks (finally some tax money going to something I approve of) Karen Edwards karenegmainstreet.com From: HockeyMumgaol.com Received: by emout04.mail.aol.com Date: Fri, 2 Jun 1995 20:30:06 -0400 To: mrosdgnetcom.com Subject: Open Space Map Mine just arrived, THANK YOU, it's really wonderful. Sharon White, Saratoga. From: ANAGAOgpsw.raychem.com Date: 06 Jun 95 09:50 To: mrosdgnetcom.com Subject: Steelhead creeks, etc. Dear friends at MROSD: I just received a copy of your map (dated 3/24/95) and I think it's great! Al Nagao (415) 361-4208 z - Claims No. 95- 1 � K«meUngS5-13 Date: June 14. 1SQ5 REVISED K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7828 130.00 Bev Ortiz Docent Training 7829 1.084.21 Pacific Bell Telephone Services 7830 257.47 Peninsula Blueprint, Inc. Maps 7831 362.03 Peter Petri Internship/Consulting 7832 15.77 Pi|aroihoo [2uorry Bosenooh 7833 149.00 Fred Pryor Seminars Seminar-T. Rosso 7834 1.385.59 Quick Silver Printing Printing Service 7835 8.91 Rancho Hardware and Garden Shop Field Supplies 7838 32.50 Rayne Water Conditioning Water Service 7837 245.28 Rich's Tire Service Tires 7838 462.76 Romio Environmental Technologies Corp. Hazerdous Materials Supplies 7838 2.218.30 Roy'm Repair Service Vehicle Repair 7840 511.81 Russ Enterprises, Inc. Signs and Barricades 7841 88.32 Sahab/-K|aan Solvent Service 7842 1.223.70 San Jose Mercury News Advertising 7843 169.00 San Mateo Times Newspaper Group Subscription 7844 300.000.00 Santa Cruz Title Company Sampen/ireno Fund Property Purchase � 7845 090.00 Suoan8cheotrnon Legal Servimao-12/Q4-O2/95 7848 5.355.00 SusanSohactrnon Legal Gervinam-O3/95-O5/Q5 7847 680.00 E.R. Ghaahan Trail Construction 7848 883.44 Si|vanado Avionics Inc. Radio 7849 105.60 Skyline County Water District Water Service 7850 851.03 Malcom Smith Reimbursement-Photography Equipment 7851 2.000.00 VV. J. Sohch Gates 7852 18.50 Stevens Creek Quarry Beoenook � 7853 452.55 Sunrise Winery Volunteer Recognition Event 7854 122.83 8 &VV Equipment Co. Equipment Supplies 7855 288.88 °3 Tap Plastics Bulletin Boards 7856 97.60 TranauomCorponadon Repeater Repair 7857 150.24 U.G. Rentals Rental Equipment 7858 114.90 Michael Williams Private Vehicle Expense 7859 1.175.80 Yardbird Equipment Sales Field Equipment and Repair � 7860 580.00 Bettenoourt American Landscape Entry Sign Installation 7861 1.105.55 Pine Cone Lumber Field Supplies � � 7862 372.03 Petty Cash Docent and Volunteer Supplies, Film and Oavm|oping, Office and Field Supplies and Private Vehicle Expense °3 Urgent Check Issued May 25. 19S5 � Page Claknallo. nF) i1 MeetngB5-1� Date: June |t�. !��� REVISED K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Da � -_. � 7788 444.82 Acme & Sons Sanitation, Inc. Sanitation Services 7789 106.65 American Welding Supply Equipment Supplies 7780 237.30 Randy Anderson Reimbursement-Training and Vehicle Expense 7791 94.38 AT&T Telephone Services 7792 46.55 Barron Park Supply Co. Water Heater Thermostat 7793 358.10 Best Sanitation Sanitation Services 7794 15.76 Bishop Company Field Supplies 7785 40.00 Black Mountain Spring Water Water 7796 78.12 Burke Concrete Accessories Concrete Sealer 7797 108.87 California Water Service Company Water Service � 7798 47.95 Center For Urban Policy Research Resource Documents � 7799 63.71 C(ark'uAuto Parts 8/ K1eohino Shop Vehicle Expense | 7800 180.00 Patrick Congdon Reim bursmnnon1-FireTraining 7801 180.04 Continuing Education of the Bar Resource Documents � � 7802 78.30 Ed Covakin Maintenance and Repair 7803 600.00 °1 John Escobar Reim bu/nennent-Spooia| DisYrhuL Conference 7804 500.00 First American Title Insurance Company Preliminary Title Report 7805 154.05 Foster Bros. Security Systems, Inc. K*ytagu 7808 381.70 Garden|and Power Equipment Equipment Supplies 7807 433.38 Gotexvoy2OOQ Computer Monitor 7808 404.89 Grainger Shop Supplies 7809 137.10 K8aryGundart Private Vehicle Expense 7810 263.47 Honda Peninsula Vehicle Ports 7811 1.036.23 Hynter Sales Company Equipment Repair 7812 1'050.00 Institute of Computer Technology Training Registration-J. Eu( D. Top|ey, D. Sanguinetti. mi/A A. Coleman 7813 3.882.80 JedoPub|ioetionm' Inc. Brochures and Reprints 7814 54.34 Koeb|a & 8huohedPhotography Photo Processing 7815 417.00 Keye Productivity Center Seminar Reg istration-J.Kow�,�^ ,.. O. Dolan and P.ConQdor) 7816 124.48 Judy Law Reimbursement-Supplies ao ''*a` ^ Vehicle Expense 7817 738.34 Los Altos Garbage Company OumpsNarRento| 7818 1'018.43 K8enw|nA. Mace Consulting Services 7819 1'333.50 K«etnoK8obi|eConnmunicmUona Radio 7820 186.00 Metro Newspapers Advertising 7821 535.81 K8|nton'y Lumber & Supplies Lumber 7822 325.00 Mobile Radio Resources FCC Radio License 7823 2'550.00 °2 Novarone |nduetrien. Inc. Postage 7824 18.50 Natnorn On-line Service 7825 1'413.00 Nio[oenGeotaohnina|' Inc. Consulting Services 7826 202.73 Noble Ford Tractor, Inc. Equipment Repair | 7827 147.32 Northern Energy Fuel � °1 Urgent Check Issued May 24. 1995 °3 Urgent Check Issued June 2' 1996 Page