Loading...
HomeMy Public PortalAbout19951108 - Agenda Packet - Board of Directors (BOD) - 95-24 i Space- Rpgalonal 0j, a . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-24 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California November 8, 1995 (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- P. Siemens *** APPROVAL OF MINUTES October 25, 1995 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) (7:45) PUBLIC HEARING 1. Annexation to the District of Lands Adjacent to Skyline Ridge and Purisima Creek Redwoods Open Space Preserves Resolution Annexing Certain Property to the Midpeninsula Regional Open Space District (Midpeninsula Preserves 1995 - Skyline Area) BOARD BUSINESS (7:50) 1. Final Adoption of Use and Management Plan Amendments to Open All Trails to Dogs on Leash at Fremont Older, Coal Creek, and Thornewood Open Space Preserves and to Close Long Ridge Open Space Preserve to Dog Access and Direction to Staff to Implement Access Changes by December 8, 1995 R. Anderson (8:00) 2. Proposed Agreement to Exchange Interests in Real Property Located at 10920 Page Mill Road with John and Cindy O'Reilly -- S. Schectman Resolution Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Deed for the Real property Being Released, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General 330 Distel (_circle - Los Altos CA 94022-1404 - Phone:415-691-1200 - FAX: 415-091-04€35 * E-mail: mros(K1111etcom.com e � Bo,ird 01 I)iret tors:Pete Siemmns,Mary( Dave v, teem!ientiha%N,t)a%id 1 Smernoti,Nonrtte Iianko, Betsy Crowder,Wine de Wit (wooral Mmmt4er-t.t.raiy Bniton Meeting 95-24 Page 2 Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Foothill Open Space Preserve - Lands of O'Reilly) *** 3. District Support of Application for a Santa Clara County Historical Project Grant for the Homestead House at the Picchetti Ranch Area of Monte Bello Open Space Preserve -- J. Law Resolution Supporting the Application Submitted by Ronald and Rolayne Stortz for Grant Funds Under the Santa Clara County Historical Project Funding Program for the Following Project: Homestead House Historic Restoration (8:10) 4. Proposed Exchange of Interests in Real Property with Ruth C. Reynolds to Quitclaim Certain Real Property Rights and Cooperate in a Request to Rescind a County Road Agreement Burdening District's and Reynolds' Property (El Corte de Madera Open Space Preserve) -- M. Williams i Resolution Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Quitclaim Deed for the Real property Interest Being Released, Authorizing Officer to Execute Certificate of Acceptance of a Quitclaim Deed to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (El Corte de Madera Open Space Preserve - Lands of Reynolds) *** 5. Scheduling of Special Meeting for Purpose of Board Participation at Eighth California Regional Park and Open Space Districts Conference November 16- 18, 1995 at Westerbeke Ranch, Sonoma -- C. Britton (8:15) INFORMATIONAL REPORTS -- Brief announcements or reports by members of the Board and/or staff on District related activities. A Board member may ask a question for clarification. No other action, discussion, or deliberation to take place. Matters of interest to the Board may be referred to staff or placed on a future agenda. *** REVISED CLAIMS (Consent Item) CLOSED SESSION - None Scheduled 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. Meeting 95-24 Page 3 Alternately, you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar shall he approved by one motion unless a Board member removes an item from the consent calendar. A member of the public may request under oral communications that an item be removed from the consent calendar. NOTICE OF PUBLIC MEETING The Administrative and Budget Committee will meet on Monday, November 13, 1995 at 4:00 P.M. at the District office. Regional 0. n Space a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-127 Meeting 95-24 November 8, 1995 AGENDA ITEM Completion of Annexation to the District of Lands Adjacent to Skyline Ridge and Purisima Creek Redwoods Open Space Preserves } GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution annexing certain property to the District in San Mateo County. DISCUSSION On June 14, 1995 you passed Resolution 95-23 initiating annexation of approximately 1001 acres of land adjacent to Skyline Ridge Open Space Preserve and approximately 481 acres adjacent to Purisima Creek Redwoods Open Space Preserve to the District (see report R-95- 76). Santa Clara County Local Agency Formation Commission (LAFCO) referred the matter to San Mateo County LAFCO for review, and the latter approved the annexation on August 16, 1995. Santa Clara County LAFCO gave final approval on October 11, 1995. The annexation has been referred back to the District as the final conducting authority for the annexation. Santa Clara County LAFCO has authorized the District to proceed with a publicly noticed hearing on this proposal, since the District did not garner 100% consent among landowners even though the District is the majority landholder. Under Government Code §56046 territory to be annexed is deemed uninhabited where fewer than 12 registered voters reside within the territory. Government Code §57078 requires the abandonment of the annexation of uninhabited territory upon written protest, filed and not withdrawn prior to the conclusion of the hearing, if those written protests represent landowners owning 50 percent or more of the assessed value of the land within the territory. The only landowner not affirmatively consenting to the annexation is Celia Cummings, who owns a 45.78% interest in the Big Dipper Ranch. The District owns the remaining 54.22% interest. As measured by assessed value, Celia Cummings owns approximately 14% of the total value of the 1,001 acres of contiguous land to be annexed. The Public Hearing for the annexation was noticed in accordance with Section 57025 of the Government Code. Notification included publication, posting, and mailings as specified in the Government Code. -130 Distel Circle - Ios Altos, CA 94022-1404 - Phone: 41 5-b91-1200 - FAX:415-091-0485 * F-mail: mroA((6 etcom,(om ft3 B,mrd of(hrvt tors Pete Siemens,Mary( Davev leena Heashaw,[Mvit1 1 Smernott,Nonette t Ianko,Bekv(:rowder,Wini de Wit (�r nf>rat,liana er.1 Cr i Britton R-95-127 Page 2 As in the previous cases, annexation of these parcels to the District, if acquired, would obviate potential challenge to the enforceability of District ordinances on the basis of the 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. The District did not request any reallocation of property tax. Prepared by: L. Craig Britton, General Manager Contact person: Same as above RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ANNEXING CERTAIN PROPERTY TO THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MIDPENINSULA PRESERVES 1995 - SKYLINE AREA) WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District proposes to take action pursuant to Division 3 of Title Five of the California Government Code, intending thereby to annex territory; and WHEREAS, the Midpeninsula Regional Open Space District filed with the Local Agency Formation Commission, County of Santa Clara, its Resolution No. 95-23 requesting initiation of annexation procedures of property, listed as San Mateo County Assessor's Parcel Numbers 080-370-020, 080-380-020, 080-380-030, 080-380-04, 080-380-02, 085-110-010, as described and shown on Exhibits "A" and "A-V affixed hereto, and San Mateo County Assessor's Parcel Number 067-370-020, as described and shown on Exhibits "B" and "B-I" affixed hereto, to the Midpeninsula Regional Open Space District; and WHEREAS, at the time and in the form and manner provided by law the Local Agency Formation Commission of said County has made its determination, by its Resolution No. 95-17, dated October 11, 1995, that said annexation is proper and that proceedings may be conducted by the Board of said District with a publicly noticed hearing; and WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District gave the public an opportunity to speak on this item, which was noticed in advance in its publicly distributed agenda and by publication in two newspapers of general circulation; and WHEREAS, the Board of Directors has found that the territory is uninhabited, having fewer than 12 registered voters residing therein and that there has been no written protest by landowners owning 50 percent or more of the assessed value of the affected territory; and WHEREAS, the Board of Directors has found that annexation is in the best interests of the District and the public because it will clarify boundaries, better enable the District to manage the property, enforce District ordinances, and place District-owned land within District boundaries; and i WHEREAS, Midpeninsula Regional Open Space District did not request any portion of the property tax revenue from the area proposed for annexation and the affected territory will not be taxed for existing general bonded indebtedness of any agency whose boundaries are changed; and NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District that the property described and shown on Exhibits "A" and "A-1" and described and shown in Exhibits "B" and "B-1" attached hereto and made a part hereof is hereby ordered annexed and made a part of the Midpeninsula Regional Open Space District. Exhibit A Annexation to: Midpeninsula Regional Open Space District Name of Annexation: Nidpeninsula Preserves 1995 - Skyline Ridge Date: June 5, 1995 i tion: The la nd herein referred to is situated in the State of County of San Description: California,p ty 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 along the line common to Sections 28 and 33; thence following said southern boundary of 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 comer common to Sections 20, 21, 28 and 29, said comer 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. EXHIBIT A-1 MROSD BOUNDARY Annexed by Resolution #82-52 —•- I1 1-10-82 L..� _... (Silva Property) 22 29 28 28 7 Point c Beginn PROPOSED 19+ °i ea - FOR ��9G �. 4 ANNEXATION � QP� I (Big Dipper Ranch) 2040 u, �- c 29 28 7 J 32 33 33134 0 c 0 a- NORTH LOCATION MAP CALE (ip feet) eussun,.oc.[ •1y.r •. a _}=Cr vAU Cana Ito' 0 1000 2000 3000 4000 5000 OPEN so PROPOSED ANNEXATION ti,.,-_ <;-= e.2 TO: MIDPENINSULA REGIONAL OPEN '°" SPACE DISTRICT SUBJECT PROPERTY �' r co.v< S ENTITILED: MIDPENINSULA PRESERVES 1995 SKYLINE RIDGE DATE: JUNE 5, 1995l-- I Exhibit B I 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: BEGINNING at a point marked by an iron pipe monument at the base of a tan bark tree, said point of beginning bearing North 83" 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' 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 65" 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 85" 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 33" 22' 15" West 93.72 feet, South 57" 07' 15" West 115.39 feet, South 44" 03' 15" West 95.99 feet, South 75" 03' 15" West 161.70 feet, South 49" 48' 15" West 257.40 feet, North 80" 26 45 West 390.72 feet, South 520 48 15 West 99.00 feet, u " 48' 15" West 59.40 feet South 15" 18' 15" West 143.88 feet " South 58 , South 6" 11' 45 East 69.30 feet, South 2" 11' 45" East 104.28 feet, South 12" 18' 15" West 138.60 feet, South 14" 56' 15" East 206.24 feet, South 4" 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 27" 48' 15" West 349.28 feet, and South 34" 36' 33" West 86.36 feet to a point, said point being marked by an iron pipe monument; thence South 18" 26' 45" East 146.52 feet, South 23" 11' 45" East 71.28 feet, South 19" 41' 45" East 144.54 feet, South 18" 26' 52" East 138.13 feet, North 84" 48' 15" East 176.88 feet, North 70" 27' 15" East 193.08 feet, South 23" 06' 15" West 132.35 feet, South 62" 30' 15" West 194.24 feet, South 29" 53' 15" West 265.74 feet, South 21" 38' 15" West 253.72 feet, South 17" 47' 45" East 164.02 feet, South 36" 53' 45" East 299.69 feet, South 39" 56' 45" East 167.86 feet, and South 22" 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 13" 42' 15" West 179.77 feet, South 0" 57' 45" East 74.40 feet, South 10" 29' 45" East 94.05 feet, South 12" 21' 15" West 155.30 feet, South 58" 46' 15" West 137.90 feet, North 43" 25' 45" West 457.40 feet, South 50" 08' 15" West 623.65 feet, South 13" 37' 15" West 346.14 feet, South 69" 08' 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 56" 00' West 165.00 feet; thence North 38" 00' West 505.94 feet; thence West 266.08 feet; thence North 79" 00' 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 0 02' 37" East 967.80 feet, North 371 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 381 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 40 48' 59" West 79.34 feet, North 19* 16' 28" East 64.87 feet, North 351 45' 28" East 91.77 feet, North l' 50' 41" East 85.04 feet, North 100 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 590 08, 00" West 176.80 feet, thence North 860 08' 00" West 1435.14 feet; North 26* 50' 26" East 39.12 feet, North 250 26' 01" West 124.84 feet, North 11 50' 48" West 57.97 feet, North 170 31' 25" East 67.38 feet, North 10' 44' 22" West 103.23 feet, North 20 23' 55" West 154.23 feet, North 240 04' 12" East 152.31 feet, North 90 42' 59" East 195.63 feet, North 200 07' 39" East 85.92, North 10 07' 59" East 107.89 feet, North 20' 43' 06" East 171.81 feet, North 230 58' 59" East 85.79 feet, North 200 54' 06" East 271.24 feet, North 5' 11' 26" East 122.84 feet, North 530 54' 26" East 109.08 feet, North 78* 57' 53" East 196.20 feet, North 34' 21' 26" East 93.86 feet, North 430 39' 13" East 40.90 feet, North 870 06' 33" East 53.11 feet, North 751 45' 20" East 76.32 feet, North 72' 46' 40" East 78.05 feet, North 270 59' 33" East 68.22 feet, North 521 52' 13" East 71.72 feet, North 53' 03' 40" East 85.89 feet, North 540 18' 40" East 68.53 feet, North 590 33' 40" East 137.88 feet, North 650 02' 00" East 65.40 feet, North 570 42' 00" East 103.28 feet, North 57* 12' 00" East 116.43 feet, North 450 35 20" East 92.08 feet, North 87' 40' 47" East 101.87 feet, South 76* 16' 07" East 110.80 feet, South 81' 59' 47" East 77.08 feet and South 740 40' 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 63" 02' 27" East 123.82 feet, South 700 49' 54" East 116.80 feet, South 810 17' 47" East 81.63 feet, South 850 53' 14" East 69.28 feet, North 88' 33' 26" East 202.80 feet, South 750 52' 01" East 184.92 feet, South 600 45' 21" East 188.10 feet, South 87* 34' 13" East 85.39 feet, North 430 08' 48" East 175.56 feet, North 440 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 870 37' 45" East 203.94 feet, North 68,D 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. EXHIBIT B-1 NORT7l BRANCH LOB1T05 CREEK a " LOCATION MAP • " i� �; W W `` W V W r W\!W '•W W 3 � ••�St o \ � .^ NLS't�OfW 124 f1' j [ •� N26150'26-E t V^4 39.12' ff 6O0. iCM ��w Cn SUBJECT PROPERTY W.. cc o 4, f3J °Oi �i'• .• w .W 1r i t .� Irr Mr7rniliuf efot�u vrrJ,��` '0`yE J k � � i = vr,r„•+T7ra•� i CN]SVS'26'E S2j'Sr•4,3. �Y 91.77' E irlK`" - •z BALD KNOB O!/ S52.06'34'W 976.24• t .r°scirEE� «^ POST Property ' "r , •,• Lo"` \� r01NTOF m n1rJTtf'r!44'....... \•� BEOWNWO ,�'AN 8•AK TREF z..+"6� Nsi•tt'+rc t:t• •.. N W CCR,OF FROf4EN' T ,t7 r• vs,•orsrr40 _ r a• i i C Mx;^^hti F ) C nie:Mw t ir'1V ft'w /f+<'•` 1` fr M � N ^^^`>L�� }x ti !• W w 5 Yt 1 If'r W t4'..... .S 1 wE 4N•,/':rr 171"'..... strIVOW Wm, 3 sn•)/'It•r Lssu.... 300' 0' 800' 1200' N56•W165' ...51Y5 14 fY 211046" It „ . rtl.: 7 ..i2Y1:WE 1110C it s" y s" 2r's'! .srr5°'srr,11 Annexation to Midpeninsula Regional Open Space District Name of Annexation: Midpeninsula Preserves 1995 • Purisima Creek Redwoods str/Yn) I/.I•.. „ Date: March 7, 1995 Regional - e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-23 REGULAR MEETING BOARD OF DIRECTORS October 25, 1995 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 7:35 P.M. Members Present: Pete Siemens, Mary Davey, David Smernoff, Betsy Crowder, and Wim de Wit. Member Absent: Nonette Hanko and Teena Henshaw. Personnel Present: Craig Britton, Jean Fiddes, John Escobar, Malcolm Smith, George Sipel, Sue Schectman, Del Woods, Judy Law, Mary de Beauvieres and Patrick Congdon. II. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, expressed his support for the passage of AB700 and encouraged the District to go further with the bill by including other users, such as hikers and equestrians. John Harris of Woodside requested that the Board consider an abatement program for mountain lions on District property. Noting that mountain lions are incompatible with urban and suburban life and that their population is exploding, he said that the District should take preventative action by tracking down the mountain lions and relocating them to the Sierras. B. Crowder stated that she preferred not to place the item on a future agenda; no other member of the Board requested that the item be place on a future agenda. III. ADOPTION OF AGENDA Motion: W. de Wit moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 5 to 0. IV. ADOPTION OF CONSENT CALENDAR Motion: M. Davey moved that the Board adopt the consent calendar including: approving minutes of the October 11, 1995 Board Meeting; the reply to the written communisation from Sarah Christian, 408 Star Route 2, La Honda and direction to staff to respond to the written communications from Jenny Ann Occhipinti, 18367 McCoy Avenue, Saratoga and Michael Olivier 2011 N. Shoreline Boulevard, M/S 330 Distel Circle - Los Alters, CA 94022-1404 $ Phone: 415-691-1200 * FAX:41 5-691-0485 * E-mail: mrosdCtDnetcom.com e 13,>ard or lire(tors Pete Siena^ns,Maiy(. [)aticy, 1(.'ena3 f lcrrsh,m,I)avi(I I.Si net n«tI, Notwtte Hanko,Betsv(_it e%der,Winr(le Wit (lonotalALitim;er:I,( raif,Britt, n Meeting 95-23 Page 2 980, Mountain View, and approving Revised Claims 95-18. B. Crowder seconded the motion. The motion passed 5 to 0. V. BOARD BUSINESS A. Agenda Item No. I - Tentative Adoption of Long Ridge Qpen Space Preserve Use and Management Plan Amendment to Construct a Portion of Bay Area Ridge Trail. Including Crossing of Portola Park Heights Road. and Determination that Project is Categorically Exempt under CEOA (Report R-95-131) M. de Beauvieres reviewed the staff report, noting that staff recommended alternative two for crossing Portola Park Heights Road to construct a portion of the Bay Area Ridge Trail. She said that the estimated cost for the trail construction was $10,000, with construction tentatively scheduled for spring 1996. B. Crowder suggested putting up temporary signing since some Bay Ridge Trail users found the trail's alignment confusing at this time. C. Britton said he would prefer to wait until the trail was constructed to install signs since it was preferable that the public not get accustom to using the disc line. Dr. Linda Huntimer, 22400 Skyline Boulevard, 119, La Honda, stated she was the co-chair of the Portola Park Heights Homeowners Association and that the Association opposed any crossing of Portola Park Heights Road because liability concerns had not yet been resolved. She said that the elected association officers were Charlie Touchatt, Dick Carter, and David Craig, and herself and that these officers did not unanimously support the Alternative 2 trail crossing. She stated that Mr. Carter had retained a second attorney for the Association to work with them on the liability issues. She discussed the liability concerns the members of the Association have regarding the crossing of Portola Park Heights Road and requested that the four elected Association officers attend any future meetings regarding the crossing and the potential liability issues. B. Crowder stated that Alternative 2 would hopefully resolve some of the concerns of the Portola Park Heights residents. S. Schectman stated that the District, as fee owner, has the legal right to build a trail crossing as long as it does not interfere unreasonably with the ingress and egress of the road users. P. Siemens stated that he, personally, was willing to accept a certain amount of liability so that the Portola Park Heights neighbors do not have a problem and questioned under what context the District could do this. M. Davey expressed her hope that the Board would go ahead with the recommended action to approve alternative 2 with staff continuing to work with the Association's elected officials in an attempt to resolve the liability issues. Motion: M. Davey moved that the Board tentatively adopt the amendment to the Use and Management Plan for Long Ridge Open Space Preserve to construct a portion of the Bay Area Ridge Trail following the alignment of Alternative 2; direct staff to continue to work with Portola Park Heights Homeowners Association in an attempt to resolve the liability issues; and determine that the recommended actions are categorically exempt from the California Environmental Quality Act. B. Crowder seconded the motion. Meeting 95-23 Page 3 Discussion: P. Siemens requested the wording of the first part of the motion be changed to "...tentatively adopt the amendment to the Use and Management Plan for Lang Ridge Open Space Preserve and authorize construction of a portion of the Bay Area Ridge Trail following the alignment of Alternative 2.." M. Davey and B. Crowder agreed to the wording change. The motion passed 5 to 0. B. Agenda Item No. 2 - Tentative Adoption of Use and Management Plan Amendments to Open All Trails to Dogs on Leash at Fremont Older. Coal Creek. and Thornewood Oren Space Preserves and to Close Long Ridge Open Space Preserve to Dog; Access and Determination that Project is Categorically Exempt Under CEOA) (R=rt R-95-133) R. Anderson reviewed the staff report, noting that for the Sierra Azul Open Space Preserve dog access on the lower, western portions of the Limekiln and Priest Rock Trails will depend on Santa Clara County amending its dog access policies for Lexington Reservoir County Park. Bob Wallace, 12881 Foothill Lane, Saratoga, stated that he felt the Kennedy-Limekiln Area was a potential and practical off-leash area because roads being used as trails. R. Anderson briefed the Board on the potential Caltrans oak mitigation project at Pulgas Ridge Open Space Preserve, noting that it appeared that the two uses (off-leash dog access and oak mitigation) could exist side by side. He said staff stills recommends fencing the off-leash area to clearly delineate it and to separate preserve users. He said it would be a T-post and hog wire fence and that it would not be necessary to fence all of the 16-acre off- leash area. W. de Wit stated that the fencing was not necessary. B. Crowder spoke in support of the fencing, noting the fence would make it easier for staff to monitor the area for compliance. C. Britton stated that the fence facilitated compliance since boundaries would be clearly marked; helped control dogs that might take off after an animal; and allowed users not interested in encountering dogs off-leash to be separated from them. John Carnes of Peninsula Access for Dogs (PADS) stated that he was not sure how the group felt about the fence; that, though the fence does not prevent total contact, it did separate users who did not want to encounter dogs off-leash; that it did help enforcement; that, if the Board decided to go forward with the fence, PADS was a good group to approach for volunteer labor; that it was potentially an unnecessary expense; and that a minimal rather than extensive fence was preferred. John Bernstein spoke in support of the off-leash area at Pulgas Ridge Open Space Preserve and against the fence. Harry Haeussler said that the fencing should not be installed until the District found there was a need for it. P. Siemens stated that fencing was a significant issue, that the Board could never go back and fence the area later, that the District should start with tight control in off-leash areas, and that the success of the Pulgas Ridge off-leash area may allow for more off-leash areas in the District. Motion: B. Crowder moved that the Board tentatively adopt Use and Management Plan amendments for dog access at two preserves: 1) open all trails at Sierra Azul Open Space Preserve, Kennedy-Limekiln Area, except for the connection to El Sombroso and the Mt. Umunhum Area, and if and when Santa Clara County amends its dog access policies for Lexington Reservoir County Park to the connecting trails, extend on-leash dog access to the lower, western portions of the Limekiln and Priest Rock trails; and 2) create an off-leash dog access area Meeting 95-23 Page 4 at Pulgas Ridge Open Space Preserve at the former site of Hassler Health Home, including fencing as proposed, and determine that the project is categorically exempt from CEQA, based on the findings in the staff report. M. Davey seconded the motion. The motion passed 4 to I on the following vote: Ayes: P. Siemens, D. Smemoff, B. Crowder, and M. Davey. Noes: W. de Wit. Director de Wit stated he did not support the installation of the fence. C. Agenda Item No. 3 - Mid-Year Prop-ram Evaluation for 1995-1996 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District (Report R-95-126) General Manager C. Britton and Program Managers J. Escobar, M. Smith, and J. Fiddes reviewed their respective sections of the mid-year program evaluation. Planning team members G. Sipel, R. Anderson, M. de Beauvieres, reviewed the material for the Planning Program. Motion: M. Davey moved that the Board accept the 1995-1996 mid-year program evaluation with much appreciation from the Board. D. Smemoff seconded the motion. The motion passed 5 to 0. D. Agenda Item No. 4 - Endorsement of Santa Clara Countywide Trails Plan (Report R-95- 126) Motion: M. Davey moved that the Board adopt Resolution 95-37, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Endorsing and Supporting Approval of the Santa Clara Countywide Trails Master Plan Update. D. Smernoff seconded the motion. The motion passed 5 to 0. E. Agenda Item No. 5 - Acceptance of 0.79-Acre Gift of Four Redwood Park Subdivision Parcels from Peninsula Open Space Trust-, Tentative Adoption of Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to Purisima Creek Redwood Open Space Preserve and Intention to Withhold the Property from Dedication as Public Open Space and Determination that Project is Categorically Exempt Under CEOA (Report R-95-128) Motion: M. Davey moved that the Board adopt Resolution 95-39, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance with Respect Thereto (Purisima Creek Redwoods Open Space Preserve - Lands of Peninsula Open Space Trust); tentatively adopt the Preliminary Use and Management Plan including naming the property as an addition to Purisima Creek Redwoods Open Space Preserve; indicate their intention to dedicate the property as public open space, and determine that the actions are categorically exempt from the California Environmental Quality Act. D. Smemoff seconded the motion. The motion passed 5 to 0. F. Agenda Item No. 7 - Recommendation to Table the Controlled Burn at Russian Ridge Open Space Preserve Until Next Season (Report R-95-132) C. Britton stated that staff recommended tabling the bum decision until staff could return to the Board with additional information to fully address the concerns of Board members and the public. He said that the California Department of Forestry and Fire Protection (CDF) Meeting 95-23 Page 5 continued to be very interested in working with the District and the recommended tabling of the burn did not present any problems for them. H. Haeussler stated that the Board needed to weigh the star thistle issue against protecting private lands and property adjacent to District land. Nick Moll, Star Route 2, Box 408, La Honda, expressed his appreciation to staff for taking his concerns very seriously and proceeding slowly with the proposed burn. Patrick Congdon discussed various scientific research on the timing of fall burns as a resource enhancement measure for grassland areas. D. Smernoff thanked the staff and the public for their interest and handling of this matter. Motion: W. de Wit moved that the Board accept staff s recommendation to table the burn decision until Board and public concern regarding resource impacts can be addressed. D. Smernoff seconded the motion. The motion passed 5 to 0. VI. INFORMATIONAL REPORTS C. Britton reported that: 1) Governor Wilson had vetoed Marin County's AB'1830 that would have allowed Marin County to go to a public vote to form a county-wide benefit assessment district; 2) the Jarvis group had filed a new initiative for the November 1996; 3) Paul Romero from Riverside County had been appointed the new Parks and Recreation Director for Santa Clara County; 4) the Anthony property had closed escrow and since no public comments had been received there would be no formal second reading on the proposed use and management recommendations; and 5) individual directors and staff had received letters from Dr. Bruce Morris regarding rock climbing at Devil's Canyon and that he would be responding in behalf of the District and the Board would receive a copy of his response letter. B. Crowder said that the San Mateo County sales tax measure for schools, libraries, and parks and open space would be deferred to the 1997 ballot and reported on the Land Trust Alliance Conference she attended at Asilomar. P. Siemens said that he is continuing to volunteer for the Grant House restoration project. D. Smernoff stated that Bay Area Action would be hosting an event at the Arastra property. W. de Wit reported on the visitor use censuses, the El Corte de Madera dump cleanup, and the training for the outdoor education leaders. VII. ADJOURNMENT The meeting was adjourned at 10:10 P.M. Jean H. Fiddes District Clerk !F Claims No. 95-18 Meeting 95-23 October 25, 1995 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8405 707.94 AT&T Telephone Service 8406 110.00 Acme & Sons Sanitation, Inc. Sanitation Services 8407 176.27 Acorn Naturalists Nature Center Supplies 8408 1,055.95 Acute Computer Technology Computer Upgrade 8409 156.36 American Welding Supply Field Supplies 8410 54.34 Best Impressions Field Survey Supplies 8411 358.10 Best Sanitation Sanitation Services 3412 52.19 Borrmann's Steel Co. Field Supplies 3413 218.89 Bowerman Electric Electrical Work 3414 573.30 Brian Kangas Foulk Engineering Studies-Teague Hill 3415 1,256.20 Craig Britton Professional Conference 8416 500.00 •1 Carleen Bruins Grant House Furnishings 8417 45.00 Stephen Buckh6ut Outdoor Education Leader Training 8418 164.90 Cabela's Inc. Field Supplies 8419 470.00 University of California Training 8420 179.81 California Water Service Co. Water Service 8421 60.00 Cappo, Inc. Training 8422 1,017.43 Carolina Biological Supply Co. Equipment for Nature Center 8423 26.94 Contemporary Engraving Engraving 8424 25,00 Jim Davis Automotive Smog Certificate 8425 125.70 Mary deBeauvieres Vehicle Expense 8426 165.73 Brendan Downing Training Expense 8427 185.81 Dyna-Med Field Medical Supplies 8428 177.00 Federal Parks & Recreation Subscription 8429 41.75 Federal Express Corporation Express Mail 8430 16.16 Film to Frame Film Developing 8431 2,897.30 First Interstate Bank '95 Note, Paying Agent & Administration Fees 8432 21.55 Gateway 2000 Computer Equipment 8433 53.89 GI Trucking Company Freight Charges 8434 155.11 Goodco Press, Inc. Printing 8435 113.62 Guy Plumbing & Heating, Inc. Plumbing Repair 8436 2.00 Hyster Sales Company Equipment Repair 8437 5,562.07 Jeda Publications Printing 8438 86.40 Jobs Available Advertising 8439 45.00 Alan Kaplan Training Services 8440 227.51 Lee & Associates Field Supplies 8441 567.31 Los Altos Garbage Co. Garbage Service 8442 697.11 Merwin Mace Consulting Service 8443 205.80 Brian Malone Uniform Expense Reimbursement 8444 249.98 McGrath RentCorp. Field Office Rental 8445 175.00 Miracle Auto Painting Vehicle Repair 8446 85.00 Ken Miller Tuition Reimbursement 8447 184.18 Mission Valley Ford Sales Vehicle Service 8448 155.44 Moffett Supply Company Field Office Supplies 8449 29.25 Netcorn Monthly Internet Service 8450 150.00 Linda Drey Nightingale Training Fees 8451 1,665.00 Nutmeg & Company Catering Staff Appreciation Catering 8452 338.71 Office Depot Office Supplies 8453 693.96 Orchard Supply Hardware Field Supplies 8454 131.46 Loro Paterson Field Supplies •1 Urgent Check issued on 10/13/95 Claims No. 95-18 Meeting 95-23 October 25, 1995 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8455 1,138.05 Pacific Bell Telephone Service 8456 184.56 Pip Printing Printing 8457 18.49 Precision Engravers, Inc. Engraving 8458 34.13 Rayne Water Conditioning Rental Equipment 8459 1,059.75 Roy's Repair Service Vehicle Repair 8460 185.31 David Sanguinetti Field Supplies 8461 4,425.00 San Jose Conservation Corps Reynolds Road Cleanup 8462 427.48 San Jose Mercury Classified Advertising 8463 484.80 San Francisco Newspaper Agency Classified Advertising 8464 82.00 Sequoia Analytical Water Systems Supplies 8465 640.00 E.R. Sheehan Trail Construction 8466 319.19 Shell Oil Company Fuel 8467 864.51 Shelton, Inc. Field Supplies 8468 57.92 *2 Tex Shoemaker & Son, Inc. Uniform Supplies 8469 145.20 Silverado Avionics, Inc. Microphones 8470 3,375.00 George Sipel Consulting 8471 17.29 Skywood Trading Post Fuel 8472 74.29 Smith Equipment Field Equipment 8473 139.78 Malcolm Smith Visitor Survey Supplies 8474 38.34 State Board of Equalization Fuel Tax 8475 167.82 Summit Uniforms Uniform Supplies 8476 742.08 Teater & Etc. Graphics Consulting--Maps 8477 3,200.00 Mike Tobar Excavation Demolition Services 8478 101.95 TransCom Corporation Vehicle Repair 8479 1,592.64 TRW-Redi Mapping Services 8480 960.00 U.S. Rentals Equipment Rental 8481 356.21 West Coast Aggregates Field Supplies 8482 50.41 Workingman's Emporium Uniform Supplies 8483 97.81 Yardbird Equipment Sales Field Supplies 8484 770.00 *3 Association of Bay Area Registration--Judy Govt - Training Center Law and Julie McCullough 8485 74.60 *4 Central Stationers Office Supplies 8486 150.47 Portola Valley Feed Straw for Erosion Control 8487 3,000.00 Postage by Phone Postage for Meter 8488 305.12 Petty Cash Film Developing, Office &Field Supplies, Nature Center Supplies, Local Meeting Expense, and Private Vehicle Expense TOTAL 47.693.82 *2 Urgent Check issued on 10/17/95 *3 Urgent Check issued on 10/20/95 *4 Urgent Check issued on 10/23/95 i RESPONSE AMON PROPOSED ST S2APP board Prs ldaoc Ackoovled=e/Rospond Diraccor Acknovlod µ/Raspood --� Statt Ackaovlads o/Ras pond D ca[c Raspons• Attath.d Staff to ba Oir.ctad to Prapar• Draft lu poas• for board Cons14tration por board DLr.ccLv (0) No R.■po... Notassary i 4374 Miller Ct. Palo Alto, CA 94306 Oct. 30 , 1995 To the Members of the Board Mid-Peninsula Reg.Open Space District 330 Distel Dr. Los Altos , CA 94022 Toadies and Gentlemen: i wish to thank you for considering opening up a number of Preserves for dog access , especially Windy Hill , where a number of trails will be opened. It puzzles me though, why Razorback Ridge will not be probably being the longest one providing a it r 9 among them, p y q P h do but for o just for the not u able round-trip, e 'oq ul n usef 7 y j � the arcomPan ac companying tax payer. I have ha rdly ever met any one on that trail, whereas the rest of the trails there are already heavily used. I would like to continue using that trail , with- out having to leave my dog at home. I Sincerely yours, 'X% � � z Lisl Day i i Regional O 1 Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 2, 1995 Lisl Day 4374 Miller Ct. Palo Alto, CA 94306 Dear Ms. Day: Thank you for your letter of October 20 regarding dog access on additional trails at Windy Hill Open Space Preserve. The Board reviewed your letter at its regular meeting last night. The Board has directed the Use and Management Committee to reconsider the issue of additional dog access at Windy Hill. The Committee has elected to wait until there are other issues to be considered before scheduling a meeting. We will notify you of the meeting date and time as soon as it is set. Sincerely, Pete Siemens, President Board of Directors RA:kh cc: 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,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Rqrlonai R-95-138 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-24 November 8, 1995 AGENDA ITEM n Plan Amendments for Do Access at Fremont Older Lon Final Adoption of Use and Management ang g Ridge, Coal Creek, and Thornewood Open Space Preserves GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the Use and Management Plan amendments for dog access at four preserves: A. Fremont Older Open Space Preserve - open all remaining trails to dogs on leash. B. Long Ridge Open Space Preserve - close to dogs as incompatible with criteria. C. Coal Creek Open Space Preserve - open all trails to dogs on leash. D. Thornewood Open Space Preserve - open all trails to dogs on leash. 2. Direct that these access changes formally take effect in one month on December 8, 1995 to allow time for amendment of maps and signs. DISCUSSION At your October 11, 1995 Regular Meeting, you tentatively approved the above changes to dog access at four preserves (see report R-95-124). Persons on the dog access mailing list, adjacent property owners and neighbors, and local agencies were notified of the October 11 meeting and the November 8 meeting in accordance with adopted notification policies. No communication has been received by staff regarding these tentative decisions. To allow time for signs and maps to be amended, staff recommends that these changes formally take effect in one month on December 8, 1995. Mapboard signs and trail signs will be retrofitted or modified to show the changed access conditions. Brochures will be updated according to the current schedule. In the interim, an updated pamphlet showing the new dog access situation will be provided to people who ask about dog accessible sites. CEQA Compliance At your October 11 meeting you determined that the project is categorically exempt from the California Environmental Quality Act (CEQA). Prepared by: Randy Anderson, Senior Planner Contact person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 # Phone:41.5-691-1200 * LAX:415-6)1 �1-04i3 5 * E-mail: mroScl a netconi.com 67 Board of Directors:Pete Siemens,Mary C. Davey,Teena Renshaw,David T.Smernoff, Nonette Hanko,Betsy Crowder,Win)de Wit General Manager:I_.Craig Britton I i e , Space lo a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-137 Meeting 95-24 October 27, 1995 AGENDA ITEM a Agreement to Exchange Interests in Real Property - Foothills Space Preserve GENERAL MANAGERS RECOMMENDATION Adopt the attached resolution approving the Agreement to Exchange Interests in Real Property located at 10920 Page Mill Road with John and Cindy O'Reilly. DISCUSSION John and Cindy O'Reilly, owners of property located at 10920 Page Mill Road, adjacent to Foothills Open Space Preserve, have a driveway which encroaches on District land. According to the owners, the driveway has been in place for about 64 years and provides the only practicable access to their property. They discovered the encroachment because of survey work done in anticipation of improving the driveway entrance including building additional walls. Dr. O'Reilly approached the District about resolving the encroachment by exchanging lands. At your May 8, 1991, Regular Meeting, you approved an agreement for a lot line adjustment and on February 23, 1994 you approved an amendment to that agreement (see reports R-94- 24 and R-91-56). Accomplishing the lot line adjustment proved more complicated than anticipated. The District land is in the city limits of Palo Alto, while the O'Reilly land is in unincorporated Santa Clara County. If the exchange took place as planned, each of the newly configured parcels would be partially in one territory and partially in another. The involved agencies balked at deliberating creating multi jurisdictional parcels. A lot line adjustment, therefore, would require LAFCO proceedings to adjust the respective boundaries of the city and county. The District now proposes to accomplish the same goal by exchanging easements with the O'Reillys to cure the encroachment. All processing, legal, engineering, surveying, recording, and other fees, if any, will be paid by the O'Reillys. The District will have no out-of-pocket expenses for this exchange, other than staff time. District will grant to the O'Reillys an easement over the minimum amount of land necessary to accommodate O'Reillys' entrance and driveway (approximately 0.20 acres) for ingress, egress, and a driveway entrance, including associated landscaping, walls and physical improvements, provided that all improvements meet and comply with all pertinent codes and ordinances. 3 M Distel Circle s Los Altos, CA 94022-1404 - Phone: 4i i-091-1200 * FAX:41;-091-04t3S * F-mail: mrosdk6ne1com.(om i) Hoarel of Oiw(tors:Pete Siemens,Mary C. Davev, teena llenshaw, IMv id 1.Srnernot, Nonette Hanko,Bet y Crowder,Wing de Wit General htana�;er.1.0aw,Britton i R-95-137 Page 2 The O'Reillys will grant to District an easement over an area at least twice as large as the area covered by the easement granted by District to them (approximately 0.40 acres). The purpose of this easement is to assure that the open space property will be retained in perpetuity as undisturbed natural land. It prohibits any activity on or use of the open space property other than as natural, undisturbed land, except that a 20 foot strip along the westerly border may be kept clear of weeds and vegetative growth by disking as a fire prevention measure. Prepared by: Diane Blackman, Research Attorney Contact person: Mike Williams, Real Property Representative RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE A DEED FOR THE REAL PROPERTY BEING RELEASED, 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 THE TRANSACTION (FOOTHILL OPEN SPACE PRESERVE - LANDS OF O'REILLY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Exchange Interests in Real Property between John G. O'Reilly and Cindy A. O'Reilly and the Midpeninsula Regional Open Space District, dated November 8, 1995, 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 or other appropriate officer is authorized to execute the Deed granting the real property interests being conveyed by the District. Section Three. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance to the deed conveying title to the property being acquired by the District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Five. The Board of Directors finds that the granting and releasing of the real property interests is in accordance with the Basic Policy of the District and is not detrimental to the open space character of Foothills Open Space Preserve. Resolution No. Page 2 Section Six. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the Public Resources Code of the State of California, this exchange of rights and obligations is of equal value and is necessary for park or open space, or both purposes. AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY THIS AGREEMENT is made and entered into by and between JOHN G. O'REILLY AND CINDY A. O'REILLY, husband and wife, hereinafter referred to as "O'REILLY", and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public agency, hereinafter referred to as "District". WITNESSETH A. O'Reilly owns a parcel of land located at 10920 Page Mill Road in the unincorporated territory of the County of Santa Clara, State of California, identified as Assessor's Parcel Number 111-01-011. O'Reilly's parcel is improved with a single family dwelling. B. District owns an adjacent parcel of land located in the City of Palo Alto, County of Santa Clara, State of California identified as Assessor's Parcel Number 351-01-019. District's land has been dedicated by the District's Board of Directors as public open space. C. O'Reilly has advised District that the driveway to his house crosses a comer of District's land and requests that District grant him an easement over a portion of District's land for his driveway in exchange for an open space easement over a portion of his land of equal value granted to District. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS: 1. Exchange of Easements. O'Reilly and District will exchange easements over land to cure the encroachment. 2. Payment of Fees. All processing, legal, engineering, surveying, recording, and other fees, if any, shall be paid by O'Reilly. District shall have no out-of-pocket expenses for this exchange, other than staff time. 3. District Easement Granted to O'Reilly. District will grant to O'Reilly an easement over the minimum amount of land necessary to accommodate O'Reilly's entrance and driveway (approximately 0.20 acres, as shown on the map prepared by Giuliani & Kull, Inc., dated 10-16-95, attached hereto as Exhibit "A". 4. O'Reilly Easement Granted to District. O'Reilly will grant to District an easement over an area at least twice as large as the area covered by the easement Granted by District to O'Reilly (approximately 0.40 acres, as shown on the map prepared by Giuliani & Kull Inc, dated 10-16-95), attached hereto as Exhibit "B". IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN O'REILLY SPACE DISTRICT APPROVED AS TO FORM John G O'Reilly Date: �GL�G�titi1�Wl ' Susan Schectman, District Counsel c ACCEPTED FOR RECOMMENDATION: Cindy A. O'R ' ly i Date: / o ' Z g-G s L. Craig Bri General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: o WHEN RECORDED MAIL TO: John G. and Cindy A. O'Reilly 10920 Page Mill Road Los Altos, CA 94022 EASEMENT DEED WHEREAS, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter referred to as "Grantor", is the owner of that certain real property in the City of Palo Alto, County of Santa Clara, State of California, identified as Assessor's Parcel Number 351-01-019, hereinafter called "Property" and WHEREAS, JOHN G. O'REILLY AND CINDY A. O'REILLY, husband and wife, hereinafter called "Grantee," are the owners of that certain real property located at 10920 Page Mill Road in the unincorporated territory of the County of Santa Clara, State of California, identified as Assessor's Parcel Number 351-01-018 and WHEREAS, Grantor desires to grant to Grantee, their heirs, successors and assigns, the right to use a portion of the Property in an Exchange of Real Property Interests with Grantee NOW, THEREFORE, in consideration of the above, and the mutual covenants, terms, conditions, and restrictions contained herein; and pursuant to the laws of California, Grantor hereby grants to Grantee an Easement in perpetuity over that portion of the property lying southerly of a line bearing N 72* 30' 00" W and westerly of a line bearing N 52* 29' 56" E, hereinafter called "Easement Property", comprising approximately 0.20 acres (as described in Exhibit "A", and as shown in Exhibit "B", both attached' hereto and ipporporated herein), subject to the following terms and provisions: 1. Purpose. The purpose of this Easement is to grant to Grantee the right to use the Easement Property for ingress, egress and a driveway entrance, including associated landscaping, walls and physical improvements. 2. Rights of Grantee. To accomplish the purposes of this Easement, Grantor hereby grants to Grantee the right: (a) To construct, use, maintain and repair as necessary and desirable-la driveway entrance, gates, security walls, landscaping, and other physical improvements as desired by Grantee, EXHIBIT A on the Easement Property, provided that all improvements meet and comply with all pertinent codes and ordinances; and (b) To use the Easement Property for ingress and egress as if it were owned by Grantee. 3. Costs and Responsibilities. Grantee shall be responsible for, indemnify and save harmless MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MROSD), its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with or incident to this Easement, except for active negligence of MROSD, its officers, agents, or employees. The duty of Grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from MROSD, its officers, agents or employees, from any liability resulting from, growing out of, or in any way connected with or incident to this Easement. 4. Disputes and Remedies. If Grantor determines that Grantee, or Grantee's successors in interest, or any occupant of the Easement Property is conducting or allowing a use, activity, or condition on the Easement Property which is prohibited by the terms of this Easement or that a violation is threatened, Grantor shall give written notice to Grantee of such violation and demand corrective action sufficient to cure the violation, and, where the violation involves injury to the Easement Property resulting from any use or activity inconsistent with the purposes of this Easement, to restore the portion of the Easement Property so injured. 4.1 Consultations Regarding Interpretation and Enforcement of Easement. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Easement, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resorting to legal action. 1 4.2 Costs of Enforcement. In the event of any action or proceeding brought to resolve any controversy, claim, or dispute relating to this instrument or breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney's fees, and costs as established by a court of competent jurisdiction. 4.3 Acts Beyond the Grantee's Control. Nothing contained in this Easement shall be construed to entitle Grantor to bring any action against Grantee for any injury to or change in the Easement Property resulting from causes not involving any affirmative acts by Grantee, or causes beyond Grantee's control, including without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Property resulting from such causes. 5. Exclusive Use. This Easement is in need for the exclusive use of Grantee, their guests, invites, heirs, successors and assigns as an appurtenance to their above identified property. No right of access by the general public to any portion of the Easement Property is conveyed Page 2 or granted by this Easement. Grantor shall not grant any other party a right to use this Easement without the consent of Grantee. 6. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally of sent by first class mail, postage prepaid, addressed as follows: To Grantor: To Grantee: Midpeninsula Regional Open Space District John G. and Cindy A. O'Reilly 330 Distel Circle 10920 Page Mill Road Los Altos, CA 94022 Palo Alto, CA 94022 attn: L Craig Britton (415) 941-6645 General Manager (415) 691-1200 or to such other address as either party from time to time shall designate by written notice to the other. 7. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of Grantee to effect the purpose of this Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. This instrument shall be construed in accordance with its fair meaning and it shall not be construed against either party on the basis that such party prepared this instrument. (c) Severabilily. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Easement can stili be carried out. (d) No Third Party Rights. This instrument is made and entered into for the sole benefit and protection of Grantor and Grantee and their respective successors and assigns. No person or entity other than the parties hereto and their respective successors and_assigns shall have any right of action under this Easement or any right to enforce the terms and provisions hereof. (e) No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of Grantors fee title in any respect. Grantor specifically reserves the right to convey fee title to the Open Space Property subject to this Easement. Page 3 (f) Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall continue as a servitude running in perpetuity with the Open Space Property. (g) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (h) Counterparts. Grantor may execute this instrument in two or more counterparts: each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (i) Consent not to be Unreasonably Withheld. In the event Grantor, as required by the terms hereof, seeks consent of Grantee, Grantee agrees in all such circumstances not to unreasonably withhold its consent, regardless whether the paragraph hereunder requiring grantee's consent so provides. i TO HAVE AND TO HOLD unto the Grantee, its successors and assigns forever. /I Page 4 1 I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN O'REILLY SPACE DISTRICT APPROVED AS TO FORM John G. O'Reilly Date: Susan Schectman, District Counsel ACCEPTED FOR RECOMMENDATION: Cindy A. O'Reilly Date: L. Craig Britton, General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: Page 5 I&Giuliani & Kull, Inc. - - - - . Cupertino - Oakdale - Auburn EXHIBIT "A" LHF�oG�. L` o- NO. 7078 A Legal Description of i� Ea 1z/31�9H Easement Grant to John and Cindy O' Reilly 191E OFCAl�F��� County of Santa Clara , State of California All that certain real property in the City of Palo alto , County I i of Santa Clara , State of California, described as follows : A Portion of that Parcel of land in the County of Santa Clara , k State of California, being a Portion of the Blanco Rancho , as described in and conveyed by Deed to Redwood City Realty Company, a corporation, recorded on March 31 , 1911 , in Volume 3710 of Deeds , at Page 50 , Santa Clara. County Official Records , and particularly described as follows : Commencing at a point where the westerly line of said rancho intersects the centerline of Page Mill Road and which said point is distant. 2 , 260 . 74 feet. , North 15 ' 12 ' East. , along said westerly line from a stake marked "J. B. 3" , set at the most southwesterly corner of said rancho ; Thence , along the centerline of Page Mill Road , South 61 ' 06 ' East. , 140 feet. , to a point on the westerly boundary of said parcel of land described in Volume 370 of Deeds, at Page 50 , Santa Clara County Official Records , said point being the Point. of Beginning ; Thence , continuing along the centerline of Page Mill Road, the following courses and distances : South 24' 10 ' East., 100 feet. ; South 23 ' 01 ' West , 66 . 52 feet ; Thence , leaving the centerline of Page Mill Road , -North 52 ' 29 ' 56" East , 172 . 02 feet ; Thence , North 72 ' 30 ' West , 158 . 75 feet. , to the POINT OF BEGINNING.. Containing an area of 0 , 20 acres , more or less . NOTE: This legal description is based upon record information. y .v 0 20431 Stevens Creek Blvd. • Suite 230 • Cupertino, Caltfornla 95014 (408) 257-6446 LEGEND ECC.�ScmG77'�'6�T�d Fii��7 �p D F�rCc/ 2 To F4rcC/ / S Gi"Ag � r7Ccirc Ectscir�rlyA G7' F/t�l7 ¢0i' - �D'rG�/ C o A:2 Ac. ' 2 AC PCB. • Q PARCE L 1 PD.B Fbi/i f 9 �• 9 UNas OF OREILLY. AC'PC ®� GtS-- �"• Q 8 PARCEL 2 LANDS OF MIDPENNISULA REGIONAL 4-1 OPEN SPACE DISTRICT � ^^ Q � I NW40'00'E 16= 23 Wrs-mrw-v 1OZ00 2 N70.52'00'E 30SM 24 524-M-WE �m 3 N64-42'00'E Mcm 25 S23'02'00'v 13= 4 S83'23'00'E -90.3D 26 244'57'OD'V 16= 5 N23'41'OVE 6652 27 S28'20'00'E 13alln 6 572-30'00"E 138.73 28 S59'12mm 10000 7 S72.30'W'E 16425 29 VM-J7'00-E IS= a NL420'00'E 2=44 30 S07'Se' a-d 210 00 9 N 2'0D'00cV 336ZO 31 274'OWOM 70M M N41-40'OQ'v -wa= 32 SE3-57'OQ'E 20mco 11 N56-23'W'V 948.00 33 232430OVE 60d0 12 N32-4warE 818.00 34 SU-40'OVV == 0 N73-04'OQ'V 186M 33 S14-='00'V 121100 0 14 N5fi-= VV Sala 36 557'$'OD-V 21CaD ` 15 N67-13'Oa'V 13C 37 S44'47O0'V 17000 SO 0 SO ` l 16 N83"2Y00'V 162.70 38 S6744'OVV 13Ra0 ✓'� 17 SW4ZV" 1"1A 39 S 9-4013D'E 31n O' 1s N60'71'9O'V 9720 40 547-14100'E too� 19 N7r43'OO'V 82M 41 S42'4t'00'E 104m 20 S89.47'0VV 134.90 42 SSi'ti'00'E 15 21 N66'76='V 137-W 43 S2d'33'30'v 22331�C 22 10920 44 N82'SO'OC'E � PLAT TO ACCOMPANY DATE= 10-16- 95 GiLliani & Kull, Inc. LEGAL DESCRIPTION SCALE: 1"= ' 20431 SIOVWU Crook Blvd.•AA• 230 N n y . DRAWN: E.Z -`"°" i" . CA 9014 EXHIBIT 8 JOBNO.: 9125 (408) 257-a44a . 44aej 257-8458(Fax _ SANTA CLARA COUNTY, CALIFORNIA SHEET 1 OF I WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space Dist. 330 Distel Circle Los Altos, CA 94022 EASEMENT DEED DULY RECORDED WITHOUT FEE NO TRANSFER TAX DUE Pursuant to Government Code PUBLIC AGENCY ACQUIRING TITLE, Sections 6103, 27383. CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 By: WHEREAS, JOHN G. O'REILLY AND CINDY A. O'REILLY, husband and wife, hereinafter referred to as "Grantor", are the owners of that certain real property, hereinafter called "Property," located at 10920 Page Mill Road in the unincorporated territory of the County of Santa Clara, State of California, identified as Assessor's Parcel Number 351-01-018 and WHEREAS, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter called "Grantee," was formed by voter initiative to solicit, receive, and hold real property by purchase, exchange, gift or bargain purchase for public park, recreation and open space purposes; and WHEREAS, Grantor desires to limit the rights of himself and his heirs, successors and assigns to use a portion of the Property in an Exchange of Real Property Interests with Grantee; NOW, THEREFORE, in consideration of the above, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of California, Grantor hereby grants to Grantee an Open Space Easement and relinquishes in perpetuity the right to construct improvements over that portion of the property lying easterly of a line bearing N 52° 29' 56" E, hereinafter called "Open Space Property" (as described in Exhibit "A", and as shown in Exhibit "B", both attached hereto and incorporated herein), subject to the following terms and provisions: 1. Purpose. The purpose of this Easement is to assure that the Open Space Property will be retained in perpetuity as undisturbed natural land. 2. Rhahts of Grantee. To accomplish the purposes of this Easement, Grantor hereby grants to Grantee the right: (a) To preserve and protect the conservation values of the Open Space Property: and EXHIBIT B (b) To enter upon the Open Space Property at reasonable times in order to monitor the compliance by Grantor or Grantor's successors in interest with the terms of this Easement and to enforce such terms provided, that such entry shall be upon reasonable prior written notice to Grantor and to occupants of the Open Space Property, and provided that Grantee shall not unreasonably interfere with the use and quiet enjoyment of the Open Space Property by the Grantor or by its successors in interest or by any occupants of the Open Space Property and (c) Pursuant to Paragraph 4 hereof (Disputes and Remedies), to prevent any activity on or use of the Open Space Property which is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Open Space Property that may be damaged by any inconsistent activity or use. 3. Prohibited Uses - Open Space PropgM. Any activity on or use of the Open Space Property other than as natural, undisturbed land, is prohibited, except that a.20' strip along the westerly border may be kept clear of weeds and vegetative growth by discing as a fire prevention measure. Grantor covenants and agrees for itself and its successors and assigns that Grantor, its successors or assigns singularly or in combination: (a) Shall not cause, nor allow others to cause any change to the open space character of the land and the natural appearance of the land and vegetation on, over and under the above described Open Space Property. (b) Shall not use or permit the use of the Open Space Property for any purpose except as open space. Uses not compatible with open space purposes include, but are not limited to, the placement on the property of any improvements, personal property, debris, garbage or trash; the use of said property for the operation or parking of any motor operated vehicle or device (except as necessary for the accomplishment of a purpose permitted on the property such as necessary removal of vegetation for fire protection purposes); the purposeful placement or cultivation of any vegetation or animal not presently on or natural to the property; the destruction, injury or removal of any plant, animal or natural substance presently on, above, under or natural to the property (except removals to the degree necessary for health and safety purposes) and hunting, or the discharging of firearms or other weapons. 4. Disputes and Remedies. If Grantee determines that Grantor, or Grantor's successors in interest, or any occupant of the Open Space Property is conducting or allQwing a use, activity, or condition on the Open Space Property which is prohibited by the terms of this Easement or that a violation is threatened, Grantee shall give written-notice to Grantor of such violation and demand corrective action sufficient to cure the violation, and, where the violation involves injury to the Open Space Property resulting from any use or activity inconsistent with the purposes of this Easement, to restore the portion of the Open Space Property so injured. Page 2 4.1 Consultations Regarding Interpretation and Enforcement of Easement When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Easement, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resorting to legal action. 4.2 Costs of Enforcement. In the event of any action or proceeding brought to resolve any controversy, claim, or dispute relating to this instrument or breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees,and costs as established by a court of competent jurisdiction. 4.3 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of the Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as waiver. 4.4 Acts Beyond the Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Open Space Property resulting from causes not involving any affirmative acts by Grantor, or causes beyond Grantor's control, including without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Open Space Property resulting from such causes. 5. Access. No right of access by the general public to any portion of the Open Space Property is conveyed or granted by this Easement. 6. Costs and Responsibilities. Grantor shall have the responsibility for the ownership, operation, upkeep, and maintenance of the Open Space Property. Grantor shall be responsible for, indemnify and save harmless MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MROSD), its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with or incident to this Easement, except for active negligence of MROSD, its officers, agents, or employees. The duty of Grantor to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Grantor waives any an4 all rights to any type of express or implied indemnity or right of contribution from MROSD, its officers, agents or employees, from any liability resulting from, growing out of, or in any way connected with or incident to this Easement. 7. Subsequent Conveyance of the Open Space Property. Grantor shall incorporate by reference hereto the terms of this Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Open Space Property, Page 3 wV -� III including, without limitation, a leasehold interest. Grantor shall give written notice to Grantee of the transfer of any interest in the Open Space Property at least 20 days prior to the date of such transfer. Grantor shall provide a complete copy of this Easement to its transferee prior to any such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 8. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: To Grantee: John G. and Cindy A. O'Reilly Midpeninsula Regional Open Space Distr i 10920 Page Mill Road 330 Distel Circle Palo Alto, CA 94022 Los Altos, CA 94022 (415) 941-6645 attn: L Craig Britton General Manager (415) 691-1200 or to such other address as either party from time to time shall designate by written notice to the other. 9. Recordation. This instrument shall be recorded by Grantee in the Official Records of Santa Clara County, California. Grantee may rerecord this Easement whenever rerecording is required to preserve Grantee's rights in this Easement. 10. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall.be liberally construed in favor of Grantee to effect the purpose of this Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid This instrument shall be construed in accordance with its fair meaning and it shall not be construed against either party on the basis that such party prepared this instrument. (c) Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this easement, or the application of such provision to persons or circumstances other than those as to which it Page 4 ry is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Easement can still be carried out. (d) No Third PaM Rights. This instrument is made and entered into for the sole benefit and protection of Grantor and Grantee and their respective successors and assigns. No person or entity other than the parties hereto and their respective successors and assigns shall have any right of action under this Easement or any right to enforce the terms and provisions hereof. (e) No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of Grantor's fee title in any respect. Grantor specifically reserves the right to convey fee title to the Open Space Property subject to this Easement. (f) Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall continue as a servitude running in perpetuity with the Open Space Property. (g) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (h) Counterparts. Grantor may execute this instrument in two or more counterparts each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (i) Consent not to be Unreasonably Withheld. In the event Grantor, as required by the terms hereof, seeks consent of Grantee, Grantee agrees in all such circumstances not to unreasonably withhold its consent, regardless whether the paragraph hereunder requiring grantee's consent so provides. IN WITNESS WHEREOF, the Grantors have set their hand on the day and year indicated below. John G. O'Reilly v Cindy A. O'Reilly Date: 10 " Q'N Date: 2 t -17 Page 5 j&Giuliani & Dull, Inc. _ 001mr-M M. Cupertino - Oakdale - Auburn EXHIBIT "A" LPL LAND SS��P�,� o a- O i Legal Description of � CL NO. 7078 �D Easement Grant. to e,a I2 �� Mirineninsula Regional Open Space District �l�IFOFCA��E��� County of Santa Clara , State of California All that certain real property in the County of Santa Clara _, State of California, described as follows : 'i A portion of the Blanco Rancho of the County of Santa, Clara, more particularly described as follows : Commencing at a point where the westerly line of said rancho intersects the centerline of Page Mill Road and which said point is distant. 2 , 260 . 74 feet , North 15 ' 12 ' East. , along said westerly line from a stake marked "J. B. 3" , set at the most southwesterly corner of said Rancho; Thence , along the centerline of said Page Mill Road, South 61 *06 ' East , 140 feet.; Thence , South 72 * 30 ' East. , 158 . 75 feet , to the Point. of Beginning ; Thence , on the same course , South 72 * 30 ' East , 164 . 25 feet ; Thence , North 13 ' 20 ' East. , 213 . 04 feet ; Thence, South 52' 29 ' 56" West, 259 . 38 feet. , to the POINT OF BEGINNING. Containing an area of 0 . 40 acres , more or less . NOTE: This legal description is based upon record information, ,Y q 20431 Stevens Creek Blvd. • Suite 230 • Cupertino, California 95014 (408) 257-6446 LEGEND E'a�5'�mc�Jf'cS'rovr�'�o' Fiz7m p i> O <D. - � �arcc/ ♦ To fbrcc/ z - Q t' PQB4LY c O. 4� j AG'. ) 2 AC -5 PARC� LANpg OF ACPCL fr ^^ ae - I PARCEL 2 iB LANDS OF MIDPENN ISULA REGIONAL OPEN SPACE DISTRICT .r ,g No. Dwvctbm L-X;th Ha Dr-actim L•.,,ptt 1 NW401OVE 163M 23 tt73'0rw-V I.G2- 2 N72.52WT 108.30 24 524-10-00'E IM 3 N64-42'001E 104.00 23 sarw00-V S1D� 4 S83'23'OCE -90-M 26 S44137'0014 16a 5 H23'M'OVE 6652 27 szo-a'OO'E 130= 6 S72.30'00'E =73 28 S39*29mm 7 S72•-30'00'E L64.25 29 S70'37'00'E 160 t 8 N 3-20'00'E 21304 30 =0-- 'OO-V' 210: 9 N 210D'OD'V 33640 31 274'06'00'E 70t ID N41-40'00'V 580= 32 S83'-u-w E 200- U N36.23'OQ'V 848= 33 S32'43'00'E 60_ 12 N31-40'00'E GISM 34 Mr46'00"V 1= L3 N73'04VVV 186ZO 33 S14'WOVV IMZ 0 14 N36-31'00-V 8= 36 S579SU-V 2 D- LS N67'S3'00'V 130.80 37 S44'47OO-V M s0 Q S0 f 16 N83'21'OQ'V 162.70 38 S6744'00'V 130 17 SW42'OC'V 1", 39 S r40'00-E 310t Q' 18 N80'31"00-V 9720 40 247'141WE 1DOR 19 N72'43'00'V 82M 41 S42.4r0M 1000[ 20 S89'47'WV L54.90 42 SM-M'00-E MAX 21 Na6-16'001V 137M 43 S29-J300O'V I22. 22 N68-3210VA, 109M 44 N62'S4'00-E 2235 - PLAT TO ACCgMPANY DATE: 10-16- 9f GiLliani & SuI1, Inc• LEGAL DESCRIPTION SCALE= 1"= 40C 20431 SIOVWU Cr"k EMd.•Aft• DRAWN: E-T. CLPsftlb�- CA(aoa) 2s7-ea (08�7-aasa(Fax')-14 EXHIBIT M B~ JOB NO-= 9125 SANTA CLARA COUNTY CALIFORNIA SHEET 1 OF Rqqlonal 0, n Space R-95-134 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-24 November 8, 1995 AGENDA ITEM Resolution Supporting Ronald and Rolayne Stortz's Application for a Santa Clara County Historical Project Grant for the Homestead House at the Picchetti Ranch Area of Monte Bello Open Space Preserve - GENERAI MANAGER'S RECOMMENDATION Adopt the attached resolution supporting Ronald and Rolayne Stortz's application for a Santa Clara County Historical Project Grant to stabilize and restore the Homestead House at Picchetti Ranch. DISCUSSION Ronald and Rolayne Stortz, the District's lessees at Picchetti Ranch, are submitting a grant proposal to the County of Santa Clara Historical Heritage Commission to provide funding for the stabilization and restoration of the Homestead House. The proposal includes providing new framing and connectors, repairing windows and doors, doing minor roof repair, upgrading electrical and plumbing systems, and providing a wheelchair ramp. Previous grants under this program were used to assist with the restoration of the fermentation building and the roof replacement of the Homestead House at Picchetti Ranch. In April 1995, the District obtained $30,000 through this program to assist the foundation restoration for the Homestead House. The scope of this project includes hiring a historic preservation architect to prepare architectural and engineering drawings and specifications and constructing a concealed concrete foundation system which meets seismic requirements and protects wood members from decay. The Homestead House, also called the Old House, is the oldest structure at Picchetti Ranch. It was built around 1880 by Vincenso and Secondo Picchetti, Italian immigrants who acquired the land in the early 1870's. Picchetti Ranch is one of the few remaining historically significant wineries in the Santa Clara Valley. It is an excellent example of a family operated ranch and winery of the type prevalent in the valley at the turn of the century. The Homestead House is listed in the Santa Clara County Heritage Resource Inventory and the National Register of Historic Places. The grant application deadline is November 15, 1995. The Stortzes and District staff will have an opportunity to make an oral presentation to the Santa Clara County Historical Heritage Commission in January or February 1996. The commission will make its funding recommendation to the Board of Supervisors in spring 1996. Prepared by: Judy Law, Open Space Planner Contact person: 330 Distel Circle - Los Altos, CA 94022-1404 * Phone: 415-691-1200 - FAX:41.5-691-0485 - E-mail: mrosd@neicom.com Board of Oirectors:Peter Sienwns,Mary C. Davey,Teena t lenshaw, David 7.Smernott,Nonette Hanko, Betsy Crowder,Win'i de Wit i Genera/Manager:L.Crait,Britton L— .:ributed at November 8, 1995 Regular Fleeting. Substitute resolution for Homestead House - Picchetti grant application agenda item. Jean H. Fiddes District Clerk RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SANTA CLARA COUNTY HISTORICAL PROJECT FUNDING PROGRAM FOR THE FOLLOWING PROJECT: HOMESTEAD HOUSE HISTORIC RESTORATION PICCHETTI RANCH AREA OF MONTE BELLO OPEN SPACE PRESERVE WHEREAS, the County of Santa Clara provides grant funds for projects that promote and encourage the appreciation, recognition, and preservation of cultural, historical, archaeological, and natural resources in Santa Clara County; and WHEREAS, Midpeninsula Regional Open Space District assures that the proposed historic preservation project is located within the county, is open to all county residents on an equal basis, and that the property is dedicated as public open space in perpetuity; and WHEREAS, if the grant is awarded, Midpeninsula Regional Open Space District will enter into an agreement with the County of Santa Clara for implementation of the project; NOW, THEREFORE, BE IT RESOLVED that the'Board of Directors hereby: 1. Approves the filing of an application under the Historical Project Funding program for the Homestead House Historic Restoration project; and 2. Certifies that the District is able to comply with the provisions of the Historical Project Agreement; and 3. Certifies that the District will have sufficient funds to operate and maintain the project; and 4. Appoints the general manager as agent of the District to conduct all negotiations, and execute and submit all documents which may be necessary for the application and, if approved, completion of the aforementioned project. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING THE APPLICATION SUBMITTED BY RONALD AND ROLAYNE STORTZ FOR GRANT FUNDS UNDER THE SANTA CLARA COUNTY HISTORICAL PROJECT FUNDING PROGRAM FOR THE FOLLOWING PROJECT: HOMESTEAD HOUSE HISTORIC RESTORATION WHEREAS, Midpeninsula Regional Open Space District assures that Ronald and Rolayne Stortz's proposed historic preservation project is located within the county, is open to all county residents on an equal basis, and that the property is dedicated as public open space in perpetuity; and WHEREAS, Picchetti Ranch is significant because of its association with the historical agricultural heritage of Santa Clara Valley, and it is one of few surviving remnants of ordinary ranch life at the turn of the century; and WHEREAS, the Picchetti Ranch is identified in the Santa Clara County Heritage Resource Inventory and the National Register of Historic Places; and WHEREAS, the Homestead House is the oldest structure at the historic Picchetti Ranch, which is part of Monte Bello Open Space Preserve; and WHEREAS, the restoration of the Homestead House is vital to the preservation of the valuable historical resource for use by present and future generations; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Midpeninsula Regional Open Space District hereby supports the filing of Ronald and Rolayne Stortz's application under the Historical Project Funding program for the Homestead House Historic Restoration project. Regionalf MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-135 Meeting 95-24 November 8, 1995 AGENDA ITEM Proposed Exchange of Interests in Real Property with Ruth C. Reynolds to Quitclaim Certain Real Property Rights and Cooperate in a Request to Rescind a County Road Agreement Burdening District's and Reynolds' Property (El Corte de Madera Open Space Preserve) GENERAL MANAGER'S RECOMMENDATION 1. Adopt the attached resolution authorizing exchange of real property interests with Mrs. Reynolds that is in accordance with the District's Basic Policy and is not detrimental to the open space character of El Corte de Madera Open Space Preserve, and finding and determining that, pursuant to Section 5540.5 of the Public Resources Code, this exchange of rights and obligations is of equal value and is necessary for park or open space, or both purposes. 2. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act as set out in this report. DISCUSSION In September 1 R. Rodin a consultant representing Ruth C. Reynolds, requested that S to be 995 J.ep eP g Y � � the District cooperate in seeking a recision of a road improvement agreement with the County of San Mateo. Mrs. Reynolds owns a residential property at 635 Star Hill Road, in the unincorporated area of San Mateo County, which is located adjacent to and at the western border of El Corte de Madera Open Space Preserve. The Road Agreement was originally entered into in 1978 by Rancho Canada de Verde, Inc., Alan Hosking's former business entity, as consideration of a resubdivision approval by the County. The Agreement burdens both the District's and Reynolds' property with the potential responsibility of constructing a private road. The District has proposed an exchange agreement eliminating additional easement rights burdening the District's and Reynolds' property. The exchange of real property rights would accomplish the following: 1) Mrs. Reynolds would Quitclaim to District general access rights across District land, and Reynolds' right to trim trees on District property; 2) Reynolds will reserve the right to use, maintain, and access their water system on District land; 3) District would Quitclaim to Reynolds its right to access and trim trees on the Reynolds' property; and 4) District and Reynolds agree to cooperate in submitting a request to rescind road improvement agreement with County of San Mateo. 3 tO Distel Circle - I os Altos, CA 94022-140J, * Phone: 41 i-091 1 200 - FAX: 41 i-01)1 0485 # E-m,iil: mrosd((xInetcom.c yam (s) Hoard w Oirc(tors Pete Siemens,Marti C Oau�y, Tema I It nshau, 1)avid T smornort,Nonote I Danko, [4eisv Crowder,Wim de Wit t;en r<if A 1,11 wt,,,°r l (1,1w,,Bntlorl R-95-135 Page 2 NOTE: This proposed project was determined by the General Manager to be of limited concern or importance to property owners adjacent to El Corte de Madera Open Space Preserve, and therefore, adjacent property owners were not notified of the proposed actions recommended to the Board for approval. USE AND MANAGEMENT pL A_N The proposed exchange of real property interests has no impact on the Comprehensive Use and Management Plan for El Corte de Madera Open Space Preserve. CE A COMPLIANCE The District concludes that the proposed action will not have an effect on the environment and is not defined as project under CEQA (California Environmental Quality Act) section 15378. Prepared by: Michael Williams, Real Property Representative Contact Person: Same as above F RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MOPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE A QUITCLAIM DEED FOR THE REAL PROPERTY INTEREST BEING RELEASED, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF A QUITCLAIM DEED TO DISTRICT'AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (EL CORTE DE MAD ERA OPEN SPACE PRESERVE - LANDS OF REYNOLDS) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula, Regional Open Space District does hereby accept the offer contained in that certain Agreement to Exchange Interests in Real Property between Reynolds and the Midpeninsula Regional Open Space District dated November 2 1995, 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 or other appropriate officer is authorized to execute the Quitclaim Deed releasing a certain real property interest held by the District. Section Three. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance to the Quitclaim Deed releasing certain real property interests in District lands. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the transaction. Section Five. The Board of Directors finds that the granting and releasing of the real property interest is in accordance with the Basic Policy of the District and is not detrimental to the open space character of El Corte de Madera Open Space Preserve. i Resolution No. Page 2 Section Six. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the Public Resources Code of the State of California, this exchange of rights and obligations is of equal value and is necessary for park or open space, or both purposes- AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY THIS AGREEMENT is made and entered into by and between TRUSTEES OF THE WALTER E. AND RUTH C. REYNOLDS 1993 FAMILY TRUST, DATED APRIL 20, 1993 (hereinafter "REYNOLDS"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California Public District, hereinafter referred to as "DISTRICT". WITNESSETH A. District owns certain real property which is part of El Corte de Madera Open Space Preserve located in an unincorporated area of San Mateo County, and as shown on attached Exhibit A, designated thereon as "Parcel 1". B. Reynolds owns property adjacent to District lands located in the unincorporated area of the County of San Mateo, commonly known as Assessor's Parcel number 067-410-120, designated as "Parcel 2" on said Exhibit A. Reynolds' property is improved with a single family dwelling. C. Reynolds desires to eliminate the District's right to access and trim trees on their property, and rescind an Agreement with the County of San Mateo for the constructing of a County road across said Parcel 1 and 2. This Road Agreement is a burden on both District and Reynolds' property. D. District desires to eliminate Reynolds' ingress and egress rights of way across District lands, and Reynolds right to access and trim trees on District property. E. District's Parcel 1 has been dedicated as public open space land in accordance with Section 5540 of the Public Resources Code of the State of California, which allows the exchange of certain real property rights on a limited basis by unanimous vote of the members of the District's Board of Directors. NOW THEREFORE IT IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS: 1. EXCHANGE OF QUITCLAIM DEEDS District and Reynolds will exchange Quitclaim Deeds for certain property rights as described in First American Title Insurance Company's Preliminary Report dated October 10, 1995 (Third Supplemental and Amended Preliminary Report), Order No. 411050, attached hereto as Exhibit B, as follows: A. Reynolds will Quitclaim certain of their easement interests in Parcel 1 Exhibit A. These easement interests are specifically identified as Parcels II, III and IV, and Title Exceptions 6 and 7 in said Title Report, Exhibit B. B. Reynolds will reserve and retain an easement for the limited purposes of ingress and egress in order to use, maintain, replace and repair their water system and appurtenances thereto in the location designated as Right of Way No. 14 which is identified in Parcel II, and Title Exception 6 in said Title Report, Exhibit B. C. District will Quitclaim to Reynolds its interest to access and trim trees on the Reynolds' property, more particularly identified as Title Exception 10 in said Title Report, Exhibit B. ! is Agreement to Exchange Interes In Real Property - REYNOLDS Page 2 2. AGREEMENT TO REQUEST RECISION COUNTY ROAD AGREEMENT District and Reynolds agree to cooperate in submitting a request to San Mateo County to rescind the Road Agreement with the County of San Mateo, referred to as Title Exception 9 of said Title Report, Exhibit B. 3. PAYMENT OF FEES All processing, legal, engineering, surveying, recording, and other fees incurred by either party pursuant to this Agreement, if any, shall be paid by Reynolds. District shall incur no out of pocket expenses in implementing this agreement, other than staff time. 4. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE REYNOLDS DISTRICT APPROVED AS TO FORM: By � � Ruth C. Reynolds Susan Schectman, District Counsel Date ACC FOR RECOMMENDATION: L. C igBlitton :General Manager ; APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF On NCY�� � , before me.�cy,�� �w2Z�C� , a Notary Public in and for said State, personally appeared Q '� , personally known to me (or proved to me on the basis satisfactory evidence) to be the person(s) whose name(s(D/aru subscribed to the within instrument and acknowledged to me that h se� hey executed the same in igie Aheir authorized capacity(ies), and that by4t� /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signa re / OFF ICIAL SEAL c jp,1,j�lE SILVEIRA NOTARY PU9L1C GAL'FORNIA \r am'St MM ExpACDUNTY ec.1 MY Gomm Eapires Dec.t3.t995 o (Tt"w"for oMcW rK" awll OPTIONAL:- DESCRIPTION OF ATTACHED DOCUMENT I NOTARYDOC(ROV 694) MMPF.NINSMA REGIONA ?'FN SPACE DISTRICT EXHIBIT A El Corte de Madera Open Space Preserve ----------------------- J �} HUDDART PARK s. '_•;' ;, PURISIMA CREEK REDWOODS t t;r OPEN SPACE PRESERVE17 C _ I' �—` a '.ram'w ,; t.�• i, t �_ - .�•o:•�'� yF--�,— -� .� ,��_ 1 �� , ' �OQQ,. ^r.`. - � TI�iBCSt� l . / ��� .'its�� r �1 f J'•_-'}����fr .r—_��.,L�°'� _F \• �{. ��✓ '!�. +/ ti PRIVATE PROPERTY ;�y k _ t _ SKYLINE BOULEVARD,�1, ` i � -� !`==;. 1%� j ^\Lys �;i)•1+^��` 1,�� `•: :2E� `•�,/� � ., i� t � ' R t r-._ � O t HIKERS AND RUNNERS ONLY ON TRAIL TO SANDSTONE FORMATION - R ATO ••—�.• SKEGGSPOINT [ PARCEL 2� an � (Reynolds Property CLOSED AREA�`J~ zlit) 0.8 Mi. ��� METHUSELAH TRAILHEAD (CA VISTA P 1 ROADSIDE PARKING AVAILAB % `.fir %i ` ./'�M`I• j,J 0.5 Mi. �' 1.4 V ; GORDON MILL J � TRAILHEAD (CM03 -v PARCEL 1 9r + ' (El Corte de Madera Open Space Preserve),, a!�' k y•� Ni �� '1 — �� p �v• y/ �, - �/ WUNDERLICH ' 1.3 MI 4— ' GORDON MILL TRAILJ�` �.5 MI. / LAWRENCE CRt 0.5 MI. ( l: TRAILHEAD (CA LAWRENCE CREEK - ••1i� / — �t� ; TRAIL �- i�•� ` (rj\-mot 1 v / \ / -. � t\ �.' \ _ ///� \/� ( Itll` �.� a i ye L'r v�� ����1� y^�•� � ✓��sf ,a,^�`� �._�-� )� �!' `6`f�l-� r ��0- �_[((/(,^ \.� Y'Y ` LA HONDA CREEK l ? PEN SPACE PRESERVE' ' Order No. 411050 3RD SUPPLEMENTAL AND AMENDED PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 633 Menlo Avenue, Menlo Park, CA 94025 (415) 323-7775 - FAX (415) 323-2198 COLDWELL BANKERJFOX & CARSKADON Attn: Bonnie Rapley 2983 Woodside Road Woodside, CA 94062 Customer's Reference: 635 Starhill Road, Woodside, CA Form of Policy Coverage Requested: ALTA LOAN POLICY - 1992 In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all Hens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of October 10, 1995 at 7:30 a.m. ESCROW OFFICER: PEGGY CHAVEZ Page 1 EXHIBIT B Page of 3RD SUPPLE%,M kL AND AMENDED REPORT Order No. 411050 Title of said estate or interest at the date hereof is vested in: WALTER E. REYNOLDS AND RUTH C. REYNOLDS, Trustees of The Walter E. and Ruth C. Reynolds 1993 Family Trust, dated 4/20/93 or the successor Trustee(s) The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE as to Parcel 1; AN EASEMENT as to Parcels 11, 111 & IV. The land referred to in this Report is situated in the State of California, County of San Mateo, and is described as follows: PARCEL I: Parcel "A", as designated on the map entitled "PARCEL MAP OF A RESUBDIVISION OF PARCEL 12 AS SHOWN ON THAT MAP FILED IN VOL. 14, OF PARCEL MAPS AT PAGES 20 AND 21 BEING A PTN OF SECS. 17 AND 18, T6S, R4W, M.D.B. & M., DESCRIBED IN 7722 O.R. 2194", which Map was filed in the office of the Recorder of the County of San Mateo, State of California on August 3, 1978 in Book 43 of Parcel Maps at Pages 12 and 13. PARCEL H: NON-EXCLUSIVE EASEMENT APPURTENANT TO PARCEL I ABOVE, for ingress and egress and for utility purposes within the areas designated "RIGHT OF WAY NO. 14", in that certain Deed executed by the Country Development Company, Inc., a California corporation to Country Development Company, Inc., recorded October 21, 1971, in Book 6032 at Page 683, Official Records. PARCEL A NON-EXCLUSIVE EASEMENT, APPURTENANT TO PARCEL I ABOVE, for horseback riding and hiking within the area designated as "RIGHT OF WAY NO. 10", in that certain Deed executed by Country Development Company, Inc., a California corporation, recorded October 21, 1971 in Book 6032 at Page 683, Official Records. PARCEL IV: A NON-EXCLUSIVE EASEMENT, APPURTENANT TO PARCEL I ABOVE, for the purpose of maintaining the view to the West of Parcel I above over so much of Parcel 11 as said Parcel 11 is shown on that certain Parcel Map entitled "COUNTRY DEVELOPMENT CO.", which Parcel Map was filed October 21, 1971 in Vol. 14 of Parcel Maps at Pages 20 and 21, which lies on the Westerly side of Star Hill Road as said Road is shown on said Parcel Map. Page 2 EXHIBIT_,�? Page of 3RD SUPPLIIV11!..AAL AND A1VIENDED REPORT Order No. 411050 Parcels H and III were created by that certain Deed from Frank V. Amaral and Gertrude L. Amaral, his wife to Norman R. Hosking and Blodwen A. Hosking, his wife, as Joint Tenants, recorded April 3, 1972 in Book 6121 of Official Records of San Mateo County, California (File #3004-AF). Parcel IV was created by that certain Deed from Rancho Canada De Verde, Inc. to Walter E. Reynolds and Ruth C. Reynolds, husband and wife, as Community Property recorded January 3, 1979 in Book 7812 at Page 161 of Official Records of San Mateo County, California (File #58728-AN). A.P. No.: 067-410-120 JPN 067 041 410 10 A i I At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special Taxes for the fiscal year 1995-96, not yet payable, $610.40 each installment. Homeowners Exemption $7,000.00 Code Area: 087-028 A.P. No.: 067-410-120 2. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with Section 75 of the California Revenue and Taxation Code. 3. EASEMENT FOR ROAD PURPOSES over any portion of the herein described property which may lie within the boundaries of any public or private road or highway. 4. RIGHT OF WAY over the herein described property, as granted in Instrument: From: L. H. Price, et ux To: Pacific Telephone and Telegraph Company, a corporation Dated: March 23, 1949 Recorded: June 13, 1949 Document No.: 94700-H Book/Reel 1674 of Official Records at page/image 654, Records -of San Mateo County, California. Grants Right of Way for poles and wires and appurtenances thereto over and across the herein described property. The exact location of said right of way is not disclosed of record. 3 Page EXHIBIT 3RD SUPPLEAI7~..,1'AL AND A (ENDED REPORT Order No. 411050 5. THE EFFECT OF AGREEMENT and the terms and conditions contained therein: Between: L. H. Price and Marjorie S. Price And J. Byrne Hull and Catherine C. Hull Dated: May 27, 1954 Recorded: May 27, 1954 Document No.: 59768-L Book/Reel 2589 of Official Records at page/image 564, Records of San Mateo County, California. Reference is herebymade to the record of said Agreement for full particulars. t� The above agreement contains a vague explanation of the property binded by its contents. A. CORPORATION QUITCLAIM DEED Grantor: Rancho Canada De Verde, Inc. Grantee: Walter E. Reynolds and Ruth C. Reynolds, a married couple Recorded: March 2, 1979 Document No.: 79211-AN Book/Reel 7826 of Official Records at page/image 1345, Records of San Mateo County, California. Said Grantor quitclaims and releases 50% of its rights and responsibilities under above agreement to Grantee. 6. EASEMENT described in Easement Corporation Grant Deed: From: Country Development Company, Inc., a California corporation To: Country Development Company, Inc. Dated: October 15, 1971 Recorded: October 21, 1971 Document No.: 56144-AB Book/Reel 6032 of Official Records at page/image 683, Records of San Mateo County, California. Grants Easement for ingress and egress and utility right of way. Affects the Southeasterly and Southwesterly boundaries of the herein described lands, as shown on Parcel Map herein referred to. 7. RESERVATION contained in Deed: From: Frank V. Amaral and Gertrude L. Amaral, his wife To: Norman R. Hosking and Blodwen A. Hosking, his wife, as Joint Tenants Dated: March 16, 1972 Recorded: April 3, 1972 Document No.: 3004-AF Book/Reel 6121 of Official Records at page/image 295, Records of San Mateo County, California. Page 4 EX141 Silt ?- age of 3RD SUPPLEMk..fAL AND AMENDED REPORT Order No. 411050 Reserves the following easements for the benefit of Parcels 1 to 11, inclusive and Parcels 13 to 16, inclusive, as said parcels are shown on the Parcel Map of "Country Development Co.", recorded October 29, 1971 in Book 14 of Parcels Maps at pages 20 and 21. (a) An easement for ingress and egress and for utility purposes within so much of the herein described property that lies within the area designated as "Right of Way No. 14" in the Deed from Country Development Company, Inc. a California corporation, to Country Development Company, Inc., dated October 15, 1971 and recorded October 21, 1971 in Book 6032 of Official Records at page 683 (File No. 56144-AE), Records of San Mateo County, California, and as shown on the Parcel Map mentioned herein. 8. THE HEREIN DESCRIBED PROPERTY has been annexed to be in the "Skyline County Water District, Annexation No. 1975-1, Resolution No. 285" by document recorded November 4, 1975 under Document No. 7691-AJ in Book 6975 at page 285 of Official Records of San Mateo County, California. 9. AGREEMENT and terms and conditions contained thereiri: Between: County of San Mateo, a political subdivision of the State of California And: Rancho Canada de Verde, Inc., a California corporation Dated: June 19, 1978 Recorded: July 21, 1978 Document No.: 94453-AM Book/Reel 7764 of Official Records at page/image 736, Records of San Mateo County, California. Agreement refers to the construction of a county, standard 16' wide private road of Star Hill Road. 10. AGREEMENT AND THE TERMS & CONDITIONS contained therein: Between: Walter E. Reynolds and Ruth C. Reynolds, husband and wife And: Rancho Canada De Verde, Inc., a California corporation Dated: December 29, 1978 Recorded: January 3, 1979 Document No.: 58727-AN Book/Reel 7812 of Official Records at page/image 158, Records of San Mateo County, California. Said Agreement refers to access and tree trimming. 11. PROPOSED 10 FOOT WATER LINE EASEMENT as shown on Parcel Map herein mentioned. Page 5 EXHIBIT Page. of- �" 3RD SUPPLEMk .ZAL AND AMENDED REPORT Order No. 411050 12. AGREEMENT regarding proposed easements for water tank, well and pipes; By: Walter E. Reynolds and Ruth C. Reynolds, husband and wife, "Buyers" and Between: Rancho Canada De Verde, Inc., a California corporation, "Sellers" Dated: December 29, 1978 Recorded: June 20, 1988 Document No.: 88076873 of Official Records of San Mateo County, California. NOTE: There appears to be easements or rights appurtenant to the land herein described by the above agreement and Quitclaim Deed recorded March 2, 1979 in Book 7826, Official Records at page 1344 (79210-AN). No insurance is undertaken hereby as to said easement or right because of its vagueness. 13. No report or examination has been made in connection with that certain "Notice of Pendency of Statutory Adjudication-San Gregorio Creek Stream System", executed by The State Water Resources Control Board and recorded March 27, 1989 under Recorder's Serial No. 89038390 of Official Records of San Mateo County. The policy being issued will not insure against any loss by reason of such matters. Decree of Determination of the Rights of the various claimants to the water of San Gregorio Creek Stream System in San Mateo County; recorded February 18, 1993 as Document No. 93026619, of Official Records of San Mateo County, California. Stipulation and Order correcting Decree recorded April 6, 1993 as Document No. 93053614 of Official Records of San Mateo County, California. Order Modifying Decree Re: Publication Requirements recorded June 10, 1993 as Document No. 93095377 of Official Records of San Mateo County, California. For more information, please contact: Barbara Katz State Water Resources Control Board Office of Chief Council P.O. Box 100 Sacramento, CA 95801 (916) 324-0941 Page 6 EXHIBIT Page of 3RD SUPPLEMI*AL AND AMENDED REPORT Order No. 411050 14. REVOLVING LINE OF CREDIT/VARIABLE INTEREST RATE DEED OF TRUST to secure an indebtedness in the original amount of$100,000.00 and any other amounts and/or obligations secured thereby, Trustor: Walter E. Reynolds and Ruth C. Reynolds, husband and wife Trustee: American Securities Company, a corporation .Beneficiary: Wells Fargo Bank, N.A., a national banking association Dated: June 18, 1991 Recorded: July 23, 1991 Document No.: 91094338 of Official Records of San Mateo County, California. Beneficiary's Address - 2331 Zanker Road, San Jose, CA 95131 Loan No. - Not shown INFORMATION NOTES: A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B, Part I, the following exception from coverage: Any rights, interest, or claims of parties in possession of the land not shown by the public records. Any easement or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered title risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This eliminates the forced removal coverage in item 12 of covered title risks. B. The City of San Mateo imposes a property transfer tax of 1h of 1% of total consideration. C. Order Date: May 3, 1995 Short term rate date: None D. LENDER'S SPECIAL INFORMATION There have been no deeds recorded within the last two years prior to the date of this report, affecting the herein described property. Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment" pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. Any documents executed on or after January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial forms of acknowledgments may not be acceptable for recordation. First American Title will make the form available upon request. Page 7 EXHIBIT—J_-- Page ~ � 3RD S1JPPLEA1.x-.,rAL AND AMENDED REPORT Order No. 411050 E. THIS REPORT is preparatory to the issuance of an ALTA Policy of Title Insurance. We have no knowledge of any fact which would preclude the issuance of said ALTA Policy with Indorsements 100 and 116 attached. There is located on said land a single family dwelling known as 635 Starhill Road, Woodside, California. WARNING *THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". NOTICE Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance Company, under-written Title Company,or controlled Escrow Company handling funds in an escrow or sub-escrow capacity,wait a specified number of days after depositing funds,before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law,please contact your local First American Office for more details. NOTE: This report is subject to a cancellation charge as required by Sections 12404,et seq., of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E. cc: Skywood Realty, Attn: Wayne Rivas, 17285 Skyline Blvd., Woodside, CA 94062 O.N. EW/am/p Page 8 EXHIBIT Page (F of f 1~Pilo t@"r L1 1"d a AS 64w0 on VOL w N Mtn r N.►v. n•".a l.s. t4v* /. \1• ID -we�wlim Lawo"a—u-- I W'St,or* k kftbl>,-Arl r M .s s sT•Ir few t;!owwllr OEDxu►oe ,I,, / / �,t' / w is •saew atl W O1fuo ea r `�'r' �•�. �` ""doA4.7 lull our OF Ile X N WM-WIN £ C $A515 OF 8f AiUt.6S, r wo Q q� •r ` f 64.Si' w� W ` At P.ePoeei lo' We1v Lma ..` / ?r ' t E r • � \ �ydb � j t7BSo'41'W� *� i f t EtIS[ eOaD 1 a A RC E L" I � R ad• !F o `wceas�, c.rasL k P 1= �o vYrurr Lfr V f .� 1 1 S 1TIC ZVE 0 /I". sz_ dd 1 . 1 ��WATER Ll >LSL_ 114rot•trc x16t As h /— t of to trcaNG rwt) J •• �n , o�t af� 10% T RAIL E lkStMENT S1 � lolsl'/ � � � 101125� ���ar_xa«�trs twwr.•�•w.� rrf .+ It so•W A :..w.IAR /tom "/ � ' I ark t�r -'��� E or. io•r►.�eess t:c+Ct:sS `° i•� J`�„��1 ,�t"� r,�r TJra UTILITY I{rw rJ f 60V Ot{.if•e•M1�.+wt t ".•a� i�� !41'SY a1'L O ` �-� i6 00' // ty!- vy L .04 , 1i A is'so let i0 211' / — �— �r, OFA FESL'3o.M510N OF `J / - T6 . 13 L'erg tl, assl' r ~t' AS 5NOWN ON T►u�T MAp FILE() N �• 11' Ior E N 7r 41'1 re 2N VOL 14 OF PARCEL MAPS AT ww ilt.eq' _�••� PAGES 20t?1.SETir,APT). OF%r o A20r S1'42!Vr L N o s o f A M A R.A ^'�•Trs cvMc•waa..aesc. w ratoetrM o us M• L ftscnE¢ 1 +►NO Su¢1r5YS Po.pox er6T WOOD$306 CAL, Thy mep may or c.1�1 f54l.tasb _ may not Da a survey of the lend --Sr I � t ...sr ,..we a.N � o O depicted hereon. You should not rely upon It for any purpose other than orientat;on to the general location of the parcel or parcels depicted. First American expressly disclaims any Iismity for alfeged lost or damage which may result from reliance upon this map. Regional 1J Space ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-139 Meeting 95-24 November 8, 1995 AGENDA ITEM Scheduling of Special Meeting November 16-18, 1995 for Purpose of Board Participation in the Eighth California Regional Park and Open Space Districts Conference,in Sonoma GENERAL MANAGER'S RECOMMENDATION Schedule a Special Meeting for November 16-18, 1995 at Westerbeke Ranch, 2300 Grove Street, Sonoma at the times and dates shown on the attached agenda for the purpose of Board participation in the Eighth California Regional Park and Open Space Districts Conference. DISCUSSION Sonoma County Agricultural Preservation and Open Space District is hosting the Eighth California Regional Park and Open Space Districts Conference November 16-18, 1995. The conference will be held at Westerbeke Ranch, 2300 Grove Street, Sonoma. The conference includes discussion of issues of multiagency significance. Since a majority of the Board will be attending portions of the conference, a Special Meeting of the Board should be called to comply with the Brown Act. The times and dates of the conference sessions are shown on the attached page. Prepared by: Jean Fiddes, District Clerk Contact person: Same as above HO [7istel Circle • Los Altos, CA 94022-1404 Phone: 415-091-1200 - FAX:41 7-091-0485 « E-mail: mroscl{snetcom.Com � Board of f3rre,e tars Pete`iienlen"Mary( [Mvey, (eena I ienshavv,David l Smemoll, Noriette Hanko,Betsy Cron der,Winrde Wit (;c cra/htana c,r.L.Cr„aig Britton SEP 14 '95 01:2--M SCAPOSD P.3/5 AGENDA: Thursday, November 16, Westerbeke Ranch Shuttle vans will leave Sonoma valley inn for Westerbeke periodically until 11 a.m. or you can arrive at Westerbeke on your own. 10.00-11:30 Conference registration at West (sonoma, Valley inn check-in is not wud 3 pm so plan to arrive at Westerbeke Reach and enjoy the facgry) 11:30 - 1:00 Lunch (Welcome, IntroducObas and Conference housekeeping! 1;00 - 2:30 Session I (see new page for towes) 2;30 - 3!30 Break and Hotel Check-ki (shuttle to hotel) 3:45 - 5:30 Tour of Old Sonoma State Historic Park (Meet in front of hotel AN,plaza tool 5:30 - 7:00 Hospitality Suite open at Sonoma Valley Inn 7.00pm Dinner —on your own in h1stafic Sonoma —Explore! Friday, November 17, Westerbeke Ranch (Shuttles leave hotel at 8.-15 am. Breakfast on ovm; Carraws I block south or otheri 8. 15 am Registration begins 8:30 - 10.00 Session 2 10:00 - 10:30 Break 10.30 - 12:00 Session 3 12:00 - 1:30 Working Lunch 1:30 - 3:00 Session 4 3:00 - 3:30 Break 3:30 - 5:00 Session 5 (Shuttles return to horefi 5:00 - 7:00 Hos~y Suite open at Sonoma Valley Inn 6:30 & 6.45 Shuttles leave for Westerbeke 7:00 - 9,100 Dinner (World Class CUO Surprise Guest Speaker and Special Recognitions 9:00 Pm Shuttles return to Sonoma Va&y hm Saturday, November 78, Your{eaves from Sonoma VaHey Inn (Check out of hotel berme wir departs. Y*u may leave your bags&t the hOre4 a.-OO am Bus departs from Sonoma Vaffey bw for Land Tom 9:00 - 10 am Agricultural and Open Space Acquis&bns in Sonoma CwHtY Highway 101 String of Pearls'Community Separators PetalumalCotati, Rohnart ParklSanta Rosa, Larkfle1d1V,%?dsor1Hea1dsb,urg Healdsburg -Fitch Alountain and Digger Bond 10 am-Noon Long property dike & Safad West Exotic Anknaf Faun Tow Noon-1:30 Lunch and wine tasting at Lang's. ConforwMe wrap- P 1:30-2.,30 pm Bus Departs for Sonoma Valey kw One hour&lVe ftmvh scenic Sonoma Va#VY1 Make your post-conference reservations Oady, ff You wish M Stay and tour Jack Landon State Historic Park, the OdnOrAss Or 8110Y ShOM*W And QdW recreation/facAtfas in and around Sonoma. Claims No. 95-19 Meeting 95-24 Date: Nov. 8, 1995 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8332 359.75 Air Cooled Engines, Inc. Generator Repair's 8333 35.66 Artech Laminating Supplies 8334 310.24 AT&T Telephone Service and Maintenance 8335 545.83 Beck's Shoes, Inc. Uniform Expense 8336 106.00 Bill's Towing & Recovery Vehicle Towing 8337 33.10 Black Mountain Spring Water Company Water Service 8338 5,052.00 Louis Bordi, General Engineering Culvert Repair 8339 153.92 Brian Kangas Foulk Engineering Studies-Teague Hill 8340 163.15 Dick Bruhn, Inc. Uniform Expense 8341 8,151.29 Callo Sign Company Signs 8342 126.45 California Water Service Water Service 8343 460.15 Annette Coleman Reimbursement-Field Supplies and Airfare 8344 45.68 Custom Color Laboratory Print Processing 8345 1,734.77 Design Concepts Design and Production 8346 63.05 Brendon Downing Reimbursement--Training 8347 280.00 East Bay Regional Park District Docent Training 8348 119.00 Employment Development Department Unemployment Insurance 8349 1,025.00 Enshallah Consulting Services 8350 78.12 John Escobar Reimbursement--Field Equipment 8351 162.38 Expedite Graphic Products Sign 8352 14.96 Foster Brothers Security Systems Keys 8353 42.98 G & K Services Towel Service 8354 1,520.00 Frank Isidoro Road Grading 8355 60.64 Kaiser Cement Corporation Base Rock 8356 10,942.34 D. Kobza & Associates Architectural Services 8357 44.00 Landscape Architecture Subscription 8358 652.72 Lanier Worldwide, Inc. Maintenance Agreement 8359 295.19 Lee & Associates Rescue Equipment, Inc. Rescue Equipment 8360 1,001.20 Legislative Intent Service Research Services 8361 1,250.00 Elad Levinson Consulting Services 8362 186.04 Los Altos Garbage Company Dumpster Rental 8363 67.90 Julie McCullough Reimbursement--Seminar 8364 693.36 Merwin (Bucky) Mace Consulting Services 8365 105.00 MetroMobile Communications Radio Repairs 8366 386.14 Minton's Lumber & Supply Company Field Supplies 8367 104.00 Miracle Auto Painting Auto Repair 8368 113.78 Moffett Supply Company Sanitation Supplies 8369 405.94 Monogram Sanitation Sanitation Services 8370 53.88 Mountain View Garden Center Field Supplies 8371 20.00 National Trust for Historic Preservation Membership Dues 8372 232.46 Pacific Bell Telephone Service 8373 25.00 City of Palo Alto Collection Services 8374 137.18 Peninsula Blueprint,, Inc. Blueprints and Photocopying 8375 155.43 PIP Printing Printing 8376 181.63 Pitney Bowes Inc Postage Supplies Page 1 Claims No. 95-19 Meeting 95-24 Date: Nov. 8, 1995 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8377 1,328.77 Roy's Repair Service Vehicle Repairs and Maintenance 8378 79.80 San Mateo Times Advertising 8379 450.00 Sandis Humber Jones Consulting Services 8380 94.00 David Sangulnetti Reimbursement—Software 8381 254.70 Seafirst Bank Note Paying Fees 8382 1,320.00 E. R. Sheehan Trail Construction 8383 659.65 John Shelton, Inc. Culverts 8384 2,925.00 George Sipel Associates Consulting Services 8385 167.82 Skyline County Water District Water Service 8386 1,335.00 State of California Department of Dam Fees For Alpine Pond Water Resources 8387 1,950.00 State Board of Equalization Annexation Fee 8388 1,294.21 Summit Uniforms Uniform Expense 8389 2,998.80 Tomlinson, Zisko, Morosoli & Maser Legal Services 8390 94.00 TransCom/EVS Vehicle Expense 8391 2,840.20 USRentals Equipment Rental 8392 270.00 Valley Title Company Preliminary Report 8393 100.00 West Coast Rebar Company Rebar 8394 126.60 Michael Williams Private Vehicle Expense 8395 1,000.00 R& R Designers Smith House Maintenance 8396 333.77 Petty Cash Out of Town Business Expense, Printing, Office Supplies, Vehicle Consurnables, Certificates for Volunteers, and Nature Center Supplies. 57,319.63 Page 2 Claims No. 95-19 Meeting 95-24 Date: Nov. 8, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8332 359.75 Air Cooled Engines, Inc. Generator Repairs 8333 35.66 Artech Laminating Supplies 8334 310.24 AT&T Telephone Service and Maintenance 8335 545.83 Beck's Shoes, Inc. Uniform Expense 8336 106.00 Bill's Towing & Recovery Vehicle Towing 8337 33.10 Black Mountain Spring Water Company Water Service 8338 5,052.00 Louis Bordi, General Engineering Culvert Repair 8339 153.92 Brian Kangas Foulk Engineering Studies-Teague Hill 8340 163.15 Dick Bruhn, Inc. Uniform Expense 8341 8,151.29 Callo Sign Company Signs 8342 126.45 California Water Service Water Service 8343 460.15 Annette Coleman Reimbursement-Field Supplies and Airfare 8344 45.68 Custom Color Laboratory Print Processing 8345 1,734.77 Design Concepts Design and Production 8346 63.05 Brendon Downing Reimbursement--Training 8347 280.00 East Bay Regional Park District Docent Training 8348 119.00 Employment Development Department Unemployment Insurance 8349 1,025.00 Enshallah Consulting Services 8350 78.12 John Escobar Reimbursement--Field Equipment 8351 162.38 Expedite Graphic Products Sign 8352 14.96 Foster Brothers Security Systems Keys 8353 42.98 G & K Services Towel Service 8354 1,520.00 Frank Isidoro Road Grading 8355 60.64 Kaiser Cement Corporation Base Rock 8356 10,942.34 D. Kobza & Associates Architectural Services 8357 44.00 Landscape Architecture Subscription 8358 652.72 Lanier Worldwide, Inc. Maintenance Agreement 8359 295.19 Lee & Associates Rescue Equipment, Inc. Rescue Equipment 8360 1,001.20 Legislative Intent Service Research Services 8361 1,250.00 Elad Levinson Consulting Services 8362 186.04 Los Altos Garbage Company Dumpster Rental 8363 67.90 Julie McCullough Reimbursement--Seminar 8364 693.36 Merwin (Bucky) Mace Consulting Services 8365 105.00 MetroMobile Communications Radio Repairs 8366 386.14 Minton's Lumber & Supply Company Field Supplies 8367 104.00 Miracle Auto Painting Auto Repair 8368 113.78 Moffett Supply Company Sanitation Supplies 8369 405.94 Monogram Sanitation Sanitation Services 8370 53.88 Mountain View Garden Center Field Supplies 8371 20.00 National Trust for Historic Preservation Membership Dues 8372 232.46 Pacific Bell Telephone Service 8373 25.00 City of Palo Alto Collection Services 8374 137.18 Peninsula Blueprint,, Inc. Blueprints and Photocopying 8375 155.43 PIP Printing Printing 8376 181.63 Pitney Bowes Inc Postage Supplies Page 1 Claims No. 95-19 Meeting 95-24 Date: Nov. 8, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8377 1,328.77 Roy's Repair Service Vehicle Repair's and Maintenance 8378 79.80 San Mateo Times Advertising 8379 450.00 Sandis Humber Jones Consulting Services 8380 94.00 David Sanguinetti Reimbursement—Software 8381 254.70 Seafirst Bank Note Paying Fees 8382 1,320.00 E. R. Sheehan Trail Construction 8383 659.65 John Shelton, Inc. Culverts 8384 2,925.00 George Sipel Associates Consulting Services 8385 167.82 Skyline County Water District Water Service 8386 1,335.00 State of California Department of Dam Fees For Alpine Pond Water Resources 8387 1,950.00 State Board of Equalization Annexation Fee 8388 1,294.21 Summit Uniforms Uniform Expense 8389 2,998.80 Tomlinson, Zisko, Morosoli &Maser Legal Services 8390 94.00 TransCom/EVS Vehicle Expense 8391 2,840.20 USRentals Equipment Rental 8392 270.00 Valley Title Company Preliminary Report 8393 100.00 West Coast Rebar Company Rebar 8394 126.60 Michael Williams Private Vehicle Expense 55,985.86 Page 2 Regional , n Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: November 8, 1995 SUBJECT: FYI 3.30 Circl e le Los e �. � Altos, (LA 94022-1404 • ('hone: 415-641-1200 • FAX.4 15-691-0485 E-mail; mrpscla c7etcom.eom �#7 Hoard of Oirectors:fete Siemens,Mary( . Davey, teem Hensh aw,Mivid l Sinernoff,Nonette I ianko,Betsy Crowder,Winn de Wit ("Oner,d Nlinagei:L.(:rraigBritton Regional w Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-95-01 MEMORANDUM November 6, 1995 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Mid-Year Financial Review CONTROLLER'S REPORT Attached are unaudited financial statements for the six months ended September 30, 1995. Exhibit A contains the District's September 30 balance sheet compared to our audited position on March 31. Our cash balance is down $6.5 million due to the purchase of the Rancho de Guadalupe property. It should be noted that most, $4.9 million, of this cash balance are reserve funds to secure outstanding public notes and, therefore, not available to fund District expenditures. The District recorded a record $14.0 million of new land in this six month period. These additions are detailed in Exhibit F. This includes the completion of the final phase of the acquisition of Hosking's El Corte de Madera property. The additional Hosking land recorded this period totalled $6.8 million and was funded by $6.26 million of ten year notes, $382,902 of imputed interest and $161,362 of imputed rent. With the issuance of these Hosking notes and the $1 million POST note, the District bonded indebtedness is now within 5% of our statutory debt ceiling. Exhibit B shows our six month revenues compared to the same period a year ago and to the twelve month budget. Tax revenue during the April-June period was over budget by $92,000 (2%) due to higher than expected secured tax receipts from San Mateo County. The 1995-96 assessed valuation report from San Mateo County indicates July-March revenue from that county will be 1-2% below budget expectation. However, these San Mateo estimates are exceeded virtually every year. Initial 1995-96 receipts from Santa Clara County are running slightly above budget estimates. It is likely that overall tax revenue will be slightly above the annual budget. Six month property tax receipts are 5% above 1994 receipts due to timing issues. The overall rate of increase is probably in the 1-2% range. The significant increases in interest income and rental income are mostly due to recording the imputed interest and rental income from the Hosking transaction. "Other" income is down because the 1994 figure included certain non-recurring legal and insurance claims. Exhibits C, D, and E review six month operational and development spending against the twelve month budget (C), versus the time-phased six month budget (D), and compared to the same period last year (E). The District spent 42% of its total twelve month administrative, operations, 3 30 Distc I Cirde - Los Altos, CA 94022-1404 -*Phone: 41; 691-1 200 - FAX:41 i-091 04£35 # I-mail: mrosd a?netconmom fJ 13oxd of t iwoors.Pete Sienens,Mare t . Davey, teem f ienshaw, [),md t `,mernofi,Nonetie t i.inko,Betsy Crowder,Wm de Wit G oerat hlar7a c°r 1 ( rain lintion M-95-0 1 Page 2 and development budget during the first six months. This is the same level as mid-year last year and a bit lower than the level of the prior four years (46%, 41%, 45%, 48%). As usual , the most underspent category is Structures and Improvements. Management estimates that about $550,000 of the budgeted expenditures for Structures and Improvements (Skyline Field Office construction and Windy Hill utilities) will slip into next year. Six month spending was $320,700 (12%) below the time-phased program budgets, about the same position as last year. Most of the underrun in employee benefits is due to a surplus in our PERS retirement account. The large underrun in equipment and vehicles is a timing issue, 93 of the annual budget was scheduled for the first half. As shown in Exhibit E, administration, operational, and development spending is up 7% from last year's spending rate. Salaries were up only 2% and benefits were down 11% (PERS) but this was offset by higher spending on Structures and Improvements and capital equipment. Overall, the financial results of the first six months indicate revenues and expenditures are consistent with the District's long-term financial plans. Prepared by: Marie McGough, Accounting Specialist Michael Foster, Controller Contact person: Michael Foster EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Balance Sheets March 31 and September 30, 1995 (Thousands) September 30, 1995 March 31, 1995 (Unaudited) (Audited) --—------——--—---—---- -—--------------- Cash and Equivalents $5,302.6 $11,760.5 Receivables 0.0 4,653.2 Prepaid Expenses 23.2 17.6 Land, at cost 159,434.9 145,350.4 Equipment 1,397.6 1,312.6 Structures and Improvements 6,157.2 6,058.7 TOTAL ASSETS $172,315.5 $169,153.0 Accounts Payable $137.8 $247.4 Accrued Liabilities 181.6 218.1 Deterred Revenue 0.0 1,160.0 Trust Fund—City of Menlo Park 223.1 196.7 Land Contract Debt 9,077.4 1,936.8 Public Notes Payable 62,285.0 62,875.0 TOTAL LIABILITIES $71,904.9 $66,634.0 TOTAL EQUITY $100,410.6 $102,519.0 EXHIBIT B --——------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Revenue Versus Prior Year(unaudited) (Thousands) Months Ended September 30 ——-----—-- 1995 1994 Property Taxes 4,509.3 4,296.1 Tax Subventions; 75.0 77.9 Interest Income 637.9 181.0 Grant Income 24.0 0.0 Rental Income 396.2 191.8 Fines 2.7 2.6 Other 37.8 159.8 -----——----—----—------ TOTAL RECEIPTS 5,682.9 4,909.2 Six Month Revenue Versus Twelve Month Budget Twelve Month Six Month % Budget Receipts Received —----- ------—------ Property Taxes $9,798.0 4,509.3 46 Tax Subventions; 309.0 75.0 24 Interest Income 575.0 637.9 'I'll Grant Income 486.0 24.0 5 Enterprise 509.0 396.2 78 Sale of Land 0.0 0.0 0 Other 150.0 40.5 27 TOTALS $11,827.0 $5,682.9 48 EXHIBIT C ----------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Operating v.Twelve Month Budget April-September, 1995 (Thousands) Twelve Month Six Month % Budget Spending Spent: Salaries $2,499.2 $1,189.1 48 Benefits 657.8 273.7 42 ------------------ Subtotal $3,157.0 $1,462.8 46 Election Expense 2.0 0.9 45 Other Contract Services 312.9 112.3 36 Vehicle Expense 149.7 81.5 54 Contract Site Maintenance Exp. 177.4 94.1 53 Acquisition Expense (Inc.Legal) 40.5 33.8 83 Structures&Improvements 906.7 112.9 12 Printing&Duplicating 30.6 13.6 44 Rents&Leases 8.9 5.7 64 Training&Conferences 36.6 17.4 48 Equipment&Vehicles 184.6 85.0 46 Insurance 111.5 126.4 118 Utilities 88.9 41.8 47 Postage 41.2 16.2 39 Site Preparation 41.5 17.6 42 Communications(Publications&Projects) 85.2 45.7 54 Other Non-Land 106.8 46.7 44 TOTAL(NON-LAND) 5,482.0 2,314.4 42 Debt Service 5,454.0 2,681.0 49 Land Option Fees 25.0 15.0 60 Land Acquired 14,247.0 14,040.3 99 Building Improvements 4.0 3.8 95 ------------- TOTAL $25,212.0 $19,054.5 76 EXHIBIT D MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Operating Expenses v.Time-Phased Budget April-September, 1995 (Thousands) Budget Actual Variance Salaries $1,250.2 $1,189.1 61.1 Benefits 329.0 273.7 55.3 Election Expense 1.0 0.9 0.1 Other Contract Services 163.6 112.3 51.3 Vehicle Expense 74.9 81.5 (6.6) Contract Site Maintenance Exp. 92.4 94.1 (1.7) Acquisition Expense(Inc.Legal) 20.3 33.8 (13.5) Structures&Improvements 175.3 112.9 62.4 Printing&Duplicating 20.3 13.6 6.7 Rents&Leases 4.5 5.7 (1.2) Training&Conferences 18.5 17.4 1.1 Equipment&Vehicles 172.4 85.0 87.4 Insurance 111.5 126.4 (14.9) Utilities 44.6 41.8 2.8 Postage 21.8 16.2 5.6 Site Preparation 16.0 17.6 (1.6) Communications(Publications&Projects) 68.0 45.7 22.3 Other Non-Land 50.8 46.7 4.1 ----------- ------------------------ TOTAL(NON-LAND) $2,635.1 $2,314.4 320.7 DEBT SERVICE ----------------------- Principal Repayment $707.9 $707.9 0.0 Interest 1,965.8 1,973.1 (7.3) Total Principal&Interest $2,673.7 $2,681.0 (7.3) EXHIBIT E MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Operating Expenses FY 1995-96 v. FY 1994-95 (Thousands) Six Months Ended September 30 1995 1994 %Increase ---------------------- Salaries 1,189.1 1,162.0 2 Benefits 273.7 306.0 -11 Election Expense 0.9 0.8 12 Other Contract Services 112.3 180.3 -38 Vehicle Expense 81.5 91.3 -11 Contract Site Maintenance Exp. 94.1 62.9 so Acquisition Expense (Inc.Legal) 33.8 22.4 51 Structures&Improvements 112.9 28.9 291 Printing&Duplicating 13.6 8.8 55 Rents&Leases 5.7 8.1 -30 Training&Conferences 17.4 12.9 35 Equipment&Vehicles 85.0 22.8 273 Insurance 126.4 107.1 18 Utilities 41.8 38.7 8 Postage 16.2 24.3 -33 Site Preparation 17.6 2.6 577 Communications(Publications&Projects) 45.7 45.4 1 Other Non-Land 46.7 42.8 9 TOTAL(NON-LAND) $2,314.4 $2,168.1 7 Debt Service 2,681.0 1,710.3 57 Land Option Fees 15.0 0.0 Land Acquired 14,040.3 135.0 10300 Building Improvements 3.9 0.0 ------------- ---------------- TOTAL $19,054.6 $4,013.4 375 EXHIBIT F MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Land Acquired April 1 to September 30, 1995 SELLER DATE PRESERVE CASH PRICE BARTOWSKI 05/95 SIERRA AZUL 187,500 SEMPERVIRENS 06/95 LONG RIDGE 300,000 RANCHO DE GUADALUPE 06/95 SIERRA AZUL 6,750,000 HOSKING 08/95 EL CORTE DE MADERA 6,802,779 _-_-------- TOTAL LAND 14,040,279 � =~ ° AGENDA SAN CARLOS PLANNING COMMISSION November 6* 1995 (Monday) � SAN CARLOS CITY HALL - 8:00 P.M. � PLANNING COMMISSION MEETING 1GT AND 3RDK8DNDAYOF EACH MONTH � � ADVISORY COMMISSIONERS � NmdJ. yWurUn. Director ofPlanning W1arbHamdnop.Chair Michael P. Laughlin,Associate Planner Robert QremoUi.Vice Chair Elizabeth CuUinan.Associate Planner Charles Getz Lisa Costa Gandono. Planner| William Wilde i Linda Nuemka. Deputy City Attorney Inge Doherty � Constance Cook, Recording Secretary � 1. MEETING CALLED TO ORDER AND PLEDGE OFALLEGIANCE 2. ROLL CALL � � 3. APPROVAL OF MINUTES'October 2. 1996 4. ITEMS NOT ON POSTED AGENDA 5. NEW BUSINESS A. Presentation by Mid-Peninsula Regional Open Space District on the District and � its programs. � G. PUBLIC HEARINGS � Procedure for Public Hearing: Staff will present report on the hhtory, physical fem1upcs, etc., on the � application followed with the staffs recommendations. The applicant will make a presentation. Thereafter, those in favor of the proposal may speak, followed by those with concems or in opposition to � the proposal. When all interested parties have had an opportunity to be heand, the hearing will be � � c|osed, and no further discussion from the floor can be held. The Commission will then consider the evidence and make its recommendation. If you challenge e public hoehn0 damn in Court you may be limited to raising only those issues you or someone else raised at the public hearing described in this � � not|cm, the public notioa, or in written correspondence delivered to the City at or prior to the public hearing. Speakers should fill out a speaker's form, found bythe dnor, and p|000 it at the podium when � addressing the Commission. This will assist staff in preparing the minutes. | � � x Planning Commission Agenda, November 6, 1995 Page 2 A. Request of Dan and Joy Brosnan for a GRADING PERMIT for the purpose of constructing a single family residence, with associated grading of 1,384 cubic yards cut, and approximately 300 cubic yards of fill at 49 Oak Creek Lane (vacant 50,966 square foot lot at the end of Oak Creek Lane on the south side of the street). A quorum of the Planning Commission and Exception Design Control Committee will be present on the site on Wednesday November 1, 1996 for a site inspection to review the grading plan and proposal. No discussion or deliberation will occur at the site, only at the Planning Commission meeting. B. Consideration of an Ordinance Amendment Amending Sections 18.117.020, 18.117.040 and 18.117.050 regulating fence height exceptions for irregularly shaped lots within the City of San Carlos. 7. UNFINISHED BUSINESS- None 8. REPORTS, CORRESPONDENCE AND GENERAL INFORMATION a. Report on recent City Council actions. b. Planning Commission comments or reports. c. Correspondence d. Planning Staff comments, reports and updates of current projects. e. Calendar 9. PUBLIC COMMENT Each speaker is limited to two minutes. Total time not to exceed 15 minutes. Please note that provisions of the Brown Act prohibit the Commission from addressing Public Comment items unless they appear on the posted Agenda. Items raised by public comment which do not appear on the posted Agenda will be referred to staff for further action. 10. ADJOURNMENT This meeting will be adjourned to the next regularly scheduled meeting of Monday, November 20, 1995. A quorum of the Planning Commission may be present at the next regularly scheduled City Council meeting to discuss items on the Council agenda. Notice: In compliance with the American's with Disabilities Act, those requiring accommodation for this meeting should notify the Planning Department at least 24 hours prior to the meeting at (415) 802-4263. **####**#**RR#*R****R********###**#RR**********RR*RRR**RRRR**RRRRRRRRR*R*R****##**##*#####******#***##**#***#******R*R** ry r• f 0 /A1 a 4 BARBARA BOXER 1700 MONTGOMERY STREET CALIFORNIA SUITE 240 SAN FRANCISCO, CA 94111 COMMITTEE ON ENVIRONMENT (415) 403-0100 AND PUBLIC WORKS ��`�� [�'`�`�� � �`� f T oAV L T L 2250 EAST IMPERIAL HIGHWAY COMMITTEE ON BANKING, SUITE 545 HOUSING,AND URBAN AFFAIRS HART SENATE OFFICE BUILDING EL SEGUNDO, CA 90245 SUITE 112 (310) 414-5700 COMMITTEE ON THE BUDGET WASHINGTON, DC 20510-0505 525 B STREET JOINT ECONOMIC COMMITTEE (202) 224-3553 ) SUITE 990 October 23, 1995 SAN DIEGO, CA 92101 DEPUTY WHIP (619) 239-3884 Mr . L. Craig Britton 2300 TULARE STREET SUITE 130 Open Space FRESNO. CA 93721 330 Distel Cir . (209) 497-5109 Los Altos , California 94022 Dear Mr . Britton : Thank you for contacting me about the Endangered Species Act . As you may know, reauthorization ror the Endangered Species Act is going to be addressed in the 104th Congress . I look forward to working on legislation which will improve conservation of threatened or endangered species and help reduce conflicts by encouraging earlier resolution of potential problems , decreasing the chance for a species to reach threatened or endangered status. I believe that these solutions should be based on sound science and sound economics . As you know, there has been concern that the current law fails to promote ecological planning because it focuses on individual species rather than habitat , which results in inefficient and duplicative enforcement efforts. There has also been concern that the Endangered Species Act has become the first line of defense for ecological protection rather than a last resort , as it was intended. In order to strengthen the Act , I believe that Congress must make the Endangered Species Act more pro-active and less reactive . As a member of the Committee on the Environment and Public Works, I plan to work to ensure passage of Endangered Species legislation in the Senate . We need to implement strong and effective amendments to strengthen the Endangered Species Act to conserve our threatened and endangered species and prevent other species from rear hitly blmllaL SLai U5 . Again, thank you for taking the time to contact me about this important issue. j ' ely, a Boxer States Senator BB: st PRINTED ON RECYCLED PAPER Regional tn Sp "e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: November 3, 1995 SUBJECT: FYI 330 Distel Circle Los Altus, CA 94022-1404 Phone:415-691-1200 FAX:415-691-04€15 E-mail: niros( rietcom.c:om Barrrf of f het'tors:Pete Siemens,Mary C. Davey, Tema Henshaw,David I Smemoff,Nonette i ianko,Betwy Crowder,Wim de Wit ("'oner,rt Mxwger I Craig Britton October 29, 1995 L. Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Subject: Technical Rock Climbing in Long Ridge Open Space Preserve(Aquarian Valley- Devil's Canyon-Eagle Peak) Dear Mr. Britton: I am writing in reply to your October 27, 1997 letter in which you address the status of technical rock climbing in the recently acquired Aquarian Valley-Devil's Canyon-Eagle Peak areas of Long Ridge Open Space Preserve. There is no doubt that technical rock climbing - like such other legitimate recreational activities as mountain biking, hiking or horseback riding- should be subject to some sort of official regulations when conducted within the present boundaries of the Midpeninsula Regional Open Space District (MROSD). Where the sport significantly alters or damages the natural environment such regulations seem to me both appropriate and necessary. However, to the best of my knowledge, there have been no infractions of your ordinances prohibiting the placement of permanent anchors(Section 702.3) and scraping of moss and lichen (Section 702.1) since March 1995, at least six months before MROSD Rangers removed anchor bolts from four crags of Tafoni sandstone in the upper Devil's Canyon area of Long Ridge Open Space Preserve. Although I am far from omnipotent or omniscient, I will strongly discourage others from engaging in either of these prohibited practices. Likewise, I will tell anyone I meet in the preserve about the closure of the specified Tafoni sandstone formations. I hope this helps build a lasting co-operation between climbers and the MROSD staff and rangers that will lead to the formulation of a mutually agreeable climbing management plan for this beautiful, unique area. Respectfully yours, Dr. Bruce D. Morris 443 Ventura Ave., No. 3 Palo Alto, CA 94306-4816 Ph. 415.856.7964 Fax: 415.856.1719 E-mail: 72102.3167@compuserve.com cc: Paul Minault, Regional Coordinator, Access Fund Board of Directors, MROSD 1995 Regional Open Space ---------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 1, 1995 Helen Quinn Chairperson, Trails Committee Town Hall 765 Portola Road Portola Valley, CA 94021 Dear Ms. Quinn: Thank you for your letter of October 20, regarding dog access on additional trails at Windy Hill Open Space Preserve. The Board has directed the Use and Management Committee to reconsider the issue of additional dog access at Windy Hill. The Committee has elected to wait until there are other issues to be considered before scheduling a meeting. We will notify you of the meeting date and time as soon as it is set. In the interim, I have forwarded your letter to the Board for their information. Sincerely, Randy Anderson Senior Planner RA:kh cc: 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,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Zow n of ''OIRZOLA UALCEJ Town Hall and Offices: 765 Portola Road, Portola Valley, CA 94028 Tel: (415)851-1700 Fax: (415)851-4677 October 20, 1995 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA. 94022 Attention: Use and Management Committee Subject: Dogs on Hams Gulch, Razorback, and Lost Trails We recommend that the above named trails on Windy Hill Open Space Preserve, which are within the Town of Portola Valley, should remain free of dog use. This is the unanimous position of this committee. It is important for wildlife preservation and enjoyment to keep dogs off these trails. Despite rules to the contrary it is our experience that dog owners will unleash their dogs on any such remote trails. When dogs are on the trails they drive that wildlife deeper into the woods and prevents their observation by hikers. If the dog traffic becomes excessive, the wildlife may abandon the area entirely. This would diminish the enjoyment of the trails by hikers. Please contact me if you need any further information. Sincerely, Helen Quinn Chairperson, Trails Committee Regional 4, 7 Sp e j 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 1, 1995 I Marilyn J. Walter 20 Coyote Hill Portola Valley, CA 94028 Dear Ms. Walter: Thank you for your letter of October 25, regarding dog access at Windy Hill Open Space Preserve. The Board has directed the Use and Management Committee to reconsider the issue of additional dog access at Windy Hill. The Committee has elected to wait until there are other issues to be considered before scheduling a meeting. We will notify you of the meeting date and time as soon as it is set. In the interim, I have forwarded your letter to the Board for their information. Sincerely, Randy Anderson Senior Planner RA:kh cc: Board of Directors i 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd®netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,.David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton G � J - Regional O, a Sp. e 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 1, 1995 Mr. Alan Jones Santa Clara County Department of Roads and Airports 1505 Schallenberger Road San Jose, CA 95131 Subject: Sierra Azul Open Space Preserve - Roadside Clean-up Dear Mr. Jones: The Midpeninsula Regional Open Space District recently completed an extensive (2 weeks) and difficult (thick brush and steep hillside areas) roadside clean-up project along Reynolds Road in Santa Clara County. At the request of Supervising Ranger John Kowaleski, John Rodoni and Dave Klinger, of your staff, met at the project site and agreed to provide dumpsters and a truck to assist with the successful completion of this project. I would like to extend our great appreciation to your staff for their prompt response to our request for dumpsters during the weeks of September 11-22, 1995. Now that the material dumped on public road right of way and Midpeninsula Regional Open Space District land has been removed, we hope to keep the Reynolds Road area clean. I L. Craig Britton General Manager LCB:snd cc: John Rodoni Dave Klinger Board of Supervisors 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,David T.Sraernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton LEAGUES OF WOMEN VOTERS OF SANTA CLARA COUNTY LOS ALTOS MTN. VIEW AREA SAN IOSE SANTA CLARA 20007 Merribrook Drive CUPERTINO SUNNYVALE Saratoga, CA 95070 LOS GATOS SARATOGA Wednesday, October 25, 1995 PALO ALTO Mid-Peninsula Regional Open Space District Board Chair 330 Distel Circle Los Altos. CA 94022 Subject: Inviting your Testimony at California Constitution Revision Commission Public Hearing On Tuesday, November 28, 7-9 p.m., the League of Women Voters, through a collaborative effort with West Valley College and Pacific Bell, will hold an interactive videoconference to gather local public reaction to the preliminary recommendations of the California Constitution Revision Commission. Citizens meeting at the library of West Valley College, Saratoga, will be able to see, hear, and interact with Commission members, who will be in Sacramento. The video "town meeting" is one of a series of video and in-person hearings which the Commission and the League are holding around the state this fall and the only one in the South Bay Area. Attached find the League's outline of the Summary of California Constitution Revision Commission Recommendations, September 1995. Because the open space district has a vital interest in the outcome of the commission, we want to extend a special invitation to you, or someone you designate, to present a three minute summary of your positions to the commission with the opportunity for discussion. If you wish. you can mail a detailed written statement covering your complete position to the commission and use your three minutes to emphasize your main messages. As seating is limited, we ask that you call (408) 867-VOTE or(415) 941-0461 after Nov 3 to confirm your attendance. Let us know how many others would be interested to attend. We are sending personal letters of invitation to a few other local government and educational groups. In the near future, the San Jose Mercury News will publicize this meeting inviting the interested public to testify. We will communicate parking information at a later date. We look forward to seeing you at this important meeting! Sincerely, Marilyn Buelteman Virginia Holtz League of Women Voters League of Women Voters CCRC Hearing Chair Santa Clara County Council Attachment: 1 cm w California Constitution Revision Commission Draft Recommendations The California Constitution Revision Commission(CCRC)was established in 1993 to recommend ways to im- prove responsiveness and efficiency of state government, increase flexibility, and enhance fiscal integrity. After the Commission receives public input this fall, a final report will be prepared and submitted to the legislature. It is expected that the final set of recommended changes will be submitted for public vote on the November 1996 ballot. Phase I of the Constitution Revision process took place last spring when members of the CCRC heard from ex- perts and members of the public about needed and/or desirable changes in certain aspects of California govern- ment. Phase 11 involves opportunities for public input on the CCRC's draft proposals before final recommendations are ready to send to the legislature and the Governor early next year. There will be more hearings and possible mod- ifications prior to a public vote. Included in the CCRC's draft proposals are: K-12 Education •Recognize K-12 education as a fundamental state Executive Branch interest with responsibilities shared by the state, K-12 * Governor and Lieutenant Governor run on same districts, and local entities ticket * State and County boards of education under state law • Superintendent of Public Instruction, Treasurer, rather than Constitution Insurance Commissioner would be appointed, subject *Establish statewide standards and accountability to legislative confirmation system, but give greater authority to local school * Administrative changes to consolidate revenue and boards tax functions; allow competitive service contracting; * Statewide funding guarantee; local taxing power -- review and transfer certain functions within the Civil 2/3 vote on property tax within unified K-12 districts; Service System majority vote on county-wide limited sales tax Legislative Branch State/Local Relationship * Shift to a unicameral legislature of 121 members Legislature initiate comprehensive state/local serving no more than three four-year terms realignment process including state mandated, but *Six-month legislative session; additional session unreimbursed, programs time would be provided for consideration of Governor's vetoes; no pay for time after June 30 if Local Government budget not passed-, no fundraising while legislature is •Local areas should have the option, with approval of in session local voters, to create new structures ("community charters" would be developed by the governmental Initiative Process entities currently providing services); this would *Initiative constitutional amendments only on November ballot include the county, or counties, cities, independent • Allow statutory initiatives to be amended by special districts, and K-12 schools; incentives: ability to propose local taxes with a vote of the people and Legislature, with gubernatorial approval, after being regulatory relief in effect for four years • Strengthen"home rule"provisions o Legislative review and enactment of statutory and constitutional initiatives(indirect initiative) State Budget and Fiscal System For more information contact the CCRC: o Require four-year strategic plan from Governor, Internet:isIb.rksilva@ts3.teale.ca.gov adoption by Legislature; four-year capital outlay plan ts I b.rkmoratt(aDts3.teale,ca.gov *Two-year budget process; balanced budget with U.S. mail: 1201 K Street, Suite 1740 prudent reserve and opportunity to "rebalance"; Sacramento, CA 95814 outcome-based performance measures •Majority vote on budget bills Phone: 916-322-4121 •Prohibit borrowing to finance budget deficits FAX: 916-323-3927 Prepared by the Leagues of Women Voters of Santa Clara County October 1995 :1 Regional 0An Sp*e October 27, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mr. Peter Grace Identical letter sent to: 4169 Manila Avenue Mike Arechiga; Peter Wolfenden; David Austin; Bruce Morris Oakland, CA 94609 Subject: Long Ridge Open Space Preserve Dear Mr. Grace: Thank you for your recent correspondence outlining your concerns with the District's actions in Devil's Canyon/Aquarian Valley. I'd like to clarify the situation and offer the District's perspective on this issue. The District recognizes the historical climbing use in this area, and desires to allow some level of this use to continue, as long as such use is within District resource protection policies and regulations. As you know, this historical use was illegal, with visitors trespassing onto private property to access the climbing area, which itself was private property. The historical use at Devil's Canyon in no way conveys unconditional, unrestricted rights to continue with such unregulated climbing activity. No public use of open space lands is unregulated, and the same will hold true for rock climbing at Devil's Canyon. When the District purchases any property as public land, it is made available for low-intensity public recreational use, and in this area that currently includes rock climbing. However, as pointed out in our Resource Management Policy, it is the District's stated goal to protect natural resources including geologic features(such as the Tafoni formations found at the site). The recent dramatic increase in the development of new climbing routes has included the placement of permanent bolts and the scraping, clearing, and removing of mosses and lichens from the rock outcroppings. These actions clearly constitute damage to the natural resources and geologic formations. If such routes are allowed and presumably publicized by rock climbing advocates, the increased use will ultimately result in the degradation and deterioration of the Tafoni at the site. The flora and fauna on the rock, including some rare and unusual insects and the moss and lichen, as well as the relatively unspoiled beauty of the Tafoni, will be forever lost. In addition, uncontrolled and unlimited use of the area will also have a degrading effect on the surrounding environment, such as has occurred at Castle Rock. Allowing these results to occur is directly counter to the District's philosophy of resource protection. Approximately 35 bolts were removed from the rock formations by District field staff. These bolts were removed from four outcroppings containing the best examples of Tafoni, as well as from climbing routes adjacent to the Tafoni formations. This removal was based on a recommendation from our resource planner in consultation with a local geologist, and was approved by me as the general manager. We view this as an interim action, taken to protect the unique, fragile, and uncommon Tafoni formations. Most of the hangers were salvaged and can be returned to the original owners, at their request. c\lmcs\c\lmcs\aprogr\ops\climbcr 330 Distel Circle e Los Altos, CA 94022-1404 e Phone:415-691-1200 * FAX:415-691-0485 * E-mail:mrosd@netcom.com Q) Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton October 27, 1995 Mr. Peter Grace Page -2- A long-term plan will be developed for the area, and that process will include public input and participation of user groups. The emergency action taken to remove the bolts was necessary for the immediate protection of the site, before irreparable damage was done. Finally, let me point out that the installation of permanent anchors and the clearing of moss and lichen is a violation of current District ordinances which sta te: te. Section 702. Natural and Cultural Resources 702.1 Plants No person shall damage, injure,take, place, plant, collect, or remove any plant, tree,or portion thereof, whether living or dead, including but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.3 Geological Features No person shall damage, injure,take, collect, remove, or attempt to damage, injure, take, collect, or remove earth, rocks, sand, gravel, fossils, minerals, features of caves, or any article or artifact of geological interest or value located on District Lands. Based on these regulations, I urge you and other climbers to temper your desire for immediate, unrestricted access with the reality of the fact that the District must take measures to ensure long-term resource protection. A plan cannot be produced overnight, and I want it to be clear that in the interim no new bolts may be placed and no vegetation may be removed. Climbers are asking us to desist from our actions pending formulation of a written policy; I am simply asking the same of you and your fellow climbers. We may not be moving as quickly as you would like, but I assure you our intent is to produce a climbing plan for the area, and you are encouraged to be involved in that process. I hope that this clarifies the District's position and perspective on rock climbing at Devil's Canyon. As the planning process develops,,you will be informed and invited to participate so that we may attempt to reach a consensus which satisfies both your recreational desires and the District's necessity to protect the surrounding natural resources. Sincerely, i I L. Cra-ig Brttoh General Manager LCB/mcs/je cc: Board of Directors, MROSD 61 mcs\c\I mcs\aprogr\ops\climber Regional 016n ST, e . 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 27, 1995 Michael Oliver Silicon Studio, Inc. 2011 N. Shoreline Blvd., M/S 980 Mountain View, CA 94043 Dear Mr. Oliver: Thank you for your October 13 communication supporting establishment of an off-leash dog area at Pulgas Ridge Open Space Preserve. The Board reviewed your communication at its October 25 Regular Meeting and tentatively approved the establishment of an off-leash area at Pulgas Ridge Open Space Preserve. The Board is hopeful that this off-leash area will be a success. Staff will be monitoring it closely for impacts on the resource and on other users and for compliance with use regulations. We hope that dog owners help us by complying with the use regulations and by encouraging the responsible use of these areas by all dog owners. Sincerely, I&- t"k_�k _4` d leJ ean H. Fiddes District Clerk JHF:sds 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,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Regional O,&n Sp e s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 27, 1995 Jenny Ann Occhipinti 18367 McCoy Avenue Saratoga, CA 95070 Dear Ms. Occhipinti: Thank you for your October 11 communication encouraging the creation of off-leash dog trails. The Board reviewed your communication at its October 25 Regular Meeting. The Board recognizes the interest many members of the public have in expanding dog access on District preserves. The Board has tentatively approved the establishment of an off-leash area at Pulgas Ridge Open Space Preserve and is hopeful that this off-leash area will be a success. Staff will be monitoring it closely for impacts on the resource and on other users and for compliance with use regulations. Based on its success, and the ability to successfully manage on-leash access at other preserves, the Board may be willing to consider further expansion of access. We hope that dog owners will help us by complying with use regulations and by encouraging the reasonable use of these areas by all dog owners. Sincerely, Jean H. Fiddes District Clerk JHF:sds cc: MROSD Board of Directors i 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,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton �Z Claims No. 95-19 Meeting 95-24 Date: Nov. 8, 1995 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8332 359.75 Air Cooled Engines, Inc. Generator Repairs 8333 35.66 Artech Laminating Supplies 8334 310.24 AT&T Telephone Service and Maintenance 8335 545.83 Beck's Shoes, Inc. Uniform Expense 8336 106.00 Bill's Towing & Recovery Vehicle Towing 8337 33.10 Black Mountain Spring Water Company Water Service 8338 5,052.00 Louis Bordi, General Engineering Culvert Repair 8339 153.92 Brian Kangas Foulk Engineering Studies-Teague Hill 8340 163.15 Dick Bruhn, Inc. Uniform Expense 8341 8,151.29 Callo Sign Company Signs 8342 126.45 California Water Service Water Service 8343 460.15 Annette Coleman Reimbursement-Field Supplies and Airfare 8344 45.68 Custom Color Laboratory Print Processing 8345 1,734.77 Design Concepts Design and Production 8346 63.05 Brendon Downing Reimbursement--Training 8347 280.00 East Bay Regional Park District Docent Training 8348 119.00 Employment Development Department Unemployment Insurance 8349 1,025.00 Enshallah Consulting Services 8350 78.12 John Escobar Reimbursement--Field Equipment 8351 162.38 Expedite Graphic Products Sign 8352 14.96 Foster Brothers Security Systems Keys 8353 42.98 G & K Services Towel Service 8354 1,520.00 Frank Isidoro Road Grading 8355 60.64 Kaiser Cement Corporation Bass Rock 8356 10,942.34 D. Kobza & Associates Architectural Services 8357 44.00 Landscape Architecture Subscription 8358 652.72 Lanier Worldwide, Inc. Maintenance Agreement 8359 295.19 Lee & Associates Rescue Equipment, Inc. Rescue Equipment 8360 1,001.20 Legislative Intent Service Research Services 8361 1,250.00 Elad Levinson Consulting Services 8362 186.04 Los Altos Garbage Company Dumpster Rental 8363 67.90 Julie McCullough Reimbursement-Seminar 8364 693.36 Merwin (Bucky) Mace Consulting Services 8365 105.00 MetroMobile Communications Radio Repairs 8366 386.14 Minton's Lumber & Supply Company Field Supplies 8367 104.00 Miracle Auto Painting Auto Repair 8368 113.78 Moffett Supply Company Sanitation Supplies 8369 405.94 Monogram Sanitation Sanitation Services 8370 53.88 Mountain View Garden Center Field Supplies 8371 20.00 National Trust for Historic Preservation Membership Dues 8372 232.46 Pacific Bell Telephone Service 8373 25.00 City of Palo Alto Collection Services 8374 137.18 Peninsula Blueprint,, Inc. Blueprints and Photocopying 8375 155.43 PIP Printing Printing 8376 181.63 Pitney Bowes Inc Postage Supplies Page 1 Claims No. 95.19 Meeting 95-24 Date: Nov. 8, 1995 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8377 1,328.77 Roy's Repair Service Vehicle Repairs and Maintenance 8378 79.80 San Mateo Times Advertising 8379 450.00 Sandis Humber Jones Consulting Services 8380 94.00 David Sangulnelti Reimbursement—Software 8381 254.70 Seafirst Bank Note Paying Fees 8382 1,320.00 E. R. Sheehan Trail Construction 8383 659.65 John Shelton, Inc. Culverts 8384 2,925.00 George Sipel Associates Consulting Services 8385 167.82 Skyline County Water District Water Service 8386 1,335.00 State of California Department of Dam Fees For Alpine Pond Water Resources 8387 1,950.00 State Board of Equalization Annexation Fee 8388 1,294.21 Summit Uniforms Uniform Expense 8389 2,998.80 Tomlinson, Zjsko, Morosoli&Maser Legal Services 8390 94.00 TransCoffLIEVS Vehicle Expense 8391 2,840.20 USRentals Equipment Rental 8392 270.00 Valley Title Company Preliminary Report 8393 100.00 West Coast Rebar Company Rebar 8394 126.60 Michael Williams Private Vehicle Expense 8395 1,000.00 R &R Designers Smith House Maintenance 8396 333.77 Petty Cash Out of Town Business Expense, Printing, Office Supplies, Vehicle Consurnables, Certificates for Volunteers, and Nature Center Supplies. 57,319.63 Page 2 • Claims No.95-19 Meeting 95-24 Date: Nov.8, 1995 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8332 359.75 Air Cooled Engines, Inc. Generator Repairs 8333 35.66 Artech Laminating Supplies 8334 310.24 AT&T Telephone Service and Maintenance 8335 545.83 Beck's Shoes, Inc. Uniform Expense 8336 106.00 Bill's Towing & Recovery Vehicle Towing 8337 33.10 Black Mountain Spring Water Company Water Service 8338 5,052.00 Louis Bordi, General Engineering Culvert Repair 8339 153.92 Brian Kangas Foulk Engineering Studies-Teague Hill 8340 163.15 Dick Bruhn, Inc. Uniform Expense 8341 8,151.29 Callo Sign Company Signs 8342 126.45 California Water Service Water Service 8343 460.15 Annette Coleman Reimbursement-Field Supplies and Airfare 8344 45.68 Custom Color Laboratory Print Processing 8345 1,734.77 Design Concepts Design and Production 8346 63.05 Brendon Downing Reimbursement-Training 8347 280.00 East Bay Regional Park District Docent Training 8348 119.00 Employment Development Department Unemployment Insurance 8349 1,025.00 Enshallah Consulting Services 8350 78.12 John Escobar Reimbursement-Field Equipment 8351 162.38 Expedite Graphic Products Sign 8352 14.96 Foster Brothers Security Systems Keys 8353 42.98 G & K Services Towel Service 8354 1,520.00 Frank Isidoro Road Grading 8355 60.64 Kaiser Cement Corporation Base Rock 8356 10,942.34 D. Kobza & Associates Architectural Services 8357 44.00 Landscape Architecture Subscription 8358 652.72 Lanier Worldwide, Inc. Maintenance Agreement 8359 295.19 Lee & Associates Rescue Equipment, Inc. Rescue Equipment 8360 1,001.20 Legislative Intent Service Research Services 8361 1,250.00 Elad Levinson Consulting Services 8362 186.04 Los Altos Garbage Company Dumpster Rental 8363 67.90 Julie McCullough Reimbursement-Seminar 8364 693.36 Merwin (Bucky) Mace Consulting Services 8365 105.00 MetroMobile Communications Radio Repairs 8366 386.14 Minton's Lumber & Supply Company Field Supplies 8367 104.00 Miracle Auto Painting Auto Repair 8368 113.78 Moffett Supply Company Sanitation Supplies 8369 405.94 Monogram Sanitation Sanitation Services 8370 53.88 Mountain View Garden Center Field Supplies 8371 20.00 National Trust for Historic Preservation Membership Dues 8372 232.46 Pacific Bell Telephone Service 8373 25.00 City of Palo Alto Collection Services 8374 137.18 Peninsula Blueprint,, Inc. Blueprints and Photocopying 8375 155.43 PIP Printing Printing 8376 181.63 Pitney Bowes Inc Postage Supplies Page 1 Claims No. 95-1 9 Meeting 96-24 Date: Nov. 8, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8377 1,328.77 Roy's Repair Service Vehicle Repairs and Maintenance- 8378 79.80 San Mateo Times Advertising 8379 450.00 Sandis Humber Jones Consulting Services 8380 94.00 David Sangulnettl Reimbursement—Software 8381 254.70 Seafirst Bank Note Paying Fees 8382 1,320.00 E. R. Sheehan Trail Construction 8383 659.65 John Shelton, Inc. Culverts 8384 2,925.00 George Sipel Associates Consulting Services 8385 167.82 Skyline County Water District Water Service 8386 1,335.00 State of California Department W Dam Fees For Alpine Pond Water Resources 8387 11950.00 State Board of Equalization Annexation Fee 8388 1,294.21 Summit Unifoffns Uniform Expense 8389 2,998.80 Tomlinson, ZIsko, Morowli&Mawr Legal Services 8390 94.00 TransCom/EVS Vehicle Expense 8391 2,840.20 USRentals Equipment Rental 8392 270.00 Valley Title Company Preliminary Report 8393 100.00 West Coast Rebar Company Rebar 8394 126.60 Michael Williams Private Vehicle Expense 8395 1,000.00 R & R Designers Smith House Maintenance 8396 333.77 Petty Cash Out of Town Business Expense, Printing, Office Supplies, Vehicle Consumables, Certificates for Volunteers, and Nature Center Supplies. 57,319.63 Page 2 en . . )a.- -, MI©PENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF COMMITTEE MEETING CANCELLATION The meeting of the Administration and Budget Committee scheduled for Monday, November 13, 1995 at 4:00 P.M. has been cancelled. Jean H. Fiddes District Clerk 310 Distel Circle * Los Altos, CA 94022-1404 Phone:415-691-1200 - FAX:41 5-091-0485 » E-mail:mrosd0a netcorn.corn p Boxd cat Oiw(toes Pew Siemens,Maly C.Davev, feena rienshaw,(Livid T Smernoti,Nonvite r 9 inko, How Crowder,Wim de Wit Gcnerat,llxwger.( Craig E3r'itton Distr. Aeu -t November 8, 1995 Regular Meeting. Substitute resolution for Homestead House - Picchetti grant application agenda item. Jean H. Fiddes District Clerk RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE 1V11DPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SANTA CLARA COUNTY HISTORICAL PROJECT FUNDING PROGRAM FOR THE FOLLOWING PROJECT: HOMESTEAD HOUSE HISTORIC RESTORATION PICCHETTI RANCH AREA OF MONTE BELLO OPEN SPACE PRESERVE WHEREAS, the County of Santa Clara provides grant funds for projects that promote and encourage the appreciation, recognition, and preservation of cultural, historical, archaeological, and natural resources in Santa Clara County; and WHEREAS, Midpeninsula Regional Open Space District assures that the proposed historic preservation project is located within the county, is open to all county residents on an equal basis, and that the property is dedicated as public open space in perpetuity; and WHEREAS, if the grant is awarded, Midpeninsula Regional Open Space District will enter into an agreement with the County of Santa Clara for implementation of the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application under the Historical Project Funding program for the Homestead House Historic Restoration project; and 2. Certifies that the District is able to comply with the provisions of the Historical Project Agreement; and 3. Certifies that the District will have sufficient funds to operate and maintain the project; and 4. Appoints the general manager as agent of the District to conduct all negotiations, and execute and submit all documents which may be necessary for the application and, if approved, completion of the aforementioned project.