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HomeMy Public PortalAbout19951220 - Agenda Packet - Board of Directors (BOD) - 95-27 Region,"pen., ace --------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-27 SPECIAL MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California December 20 1995 (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public SPECIAL ORDERS OF THE DAY A. Introduction of Douglas Vu, New Planning Technician -- G. Sipel B. Resolution Honoring Linda Liebes on the Occasion of Her Retirement from the Coyote Point Museum -- C. Britton ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- P. Siemens *** APPROVAL OF MINUTES November 29, 1995 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Appointment of Ranger Brendan Downing as Peace Officer -- J. Escobar Resolution Appointing Peace Officer (7:50) 2. Final Adoption of Use and Management Plan Amendments to Open All Trails to Dogs On Leash Except for the Connection to El Sombroso and the Mt. Umunhum Area at Sierra Azul Open Space Preserve (Kennedy Limekiln Area) on January 20, 1996 and to Dogs Off Leash at One Location at Pulgas Ridge Open Space Preserve on March 1, 1996 -- R. Anderson (8:00) 3. Annual Report on Dedication Status of District Lands and Proposed Dedication of 3,130.91 acres of Land as Public Open Space at La Honda Creek, Long Ridge, Skyline Ridge, El Sereno, and Sierra Azul Open Space Preserves -- C. Britton Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes 330 Distel Circle Los Altos, CA 94022-1404 + Phone:415-691-1200 * FAX:415-691-0485 * E-mail: mrosd@netcont.com Board of Dire(tors Pete Siemens,Mary C.Davey, feena I lenshaaw,David 1.Smernofl',Nonette f l anko,Betsy Crowder,Wim de Wit General Manager:t Craig Britton Meeting 95-27 Page 2 (8:10) 4. Authorization to Purchase 108.34-Acre Shannon Property for $108,340 as an Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve, Tentative Adoption of Preliminary Use and Management Plan for the Property, Including Intention to Withhold Dedication of the Property as Public Open Space, and Determination that Recommended Actions are Categorically Exempt Under CEQA -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Shannon) 5. Proposed Amendment to Long Ridge Preserve Use and Management Plan to Install Memorial Bench and Plaque Commemorating Wallace Stegner at an Estimated Cost of $5,000 -- J. McCullough (8:20) 6. Authorization to Accept Settlement Agreement with Rosalie and John Valoff, the Estate of John Joseph Pezzoli and Peninsula Open Space Trust, Approve the Proposal for a Management Agreement with Peninsula Open Space Trust, Authorize the General Manager to Sign the Agreement on Behalf of the District, and Determination that Recommended Actions are Categorically Exempt Under CEQA -- S. Schectman Resolution Authorizing Acceptance of Settlement Agreement, Authorizing Officer to Execute the Agreement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Sierra Azul Open Space Preserve - Lands of the Estate of Pezzoli) (8:35) 7. Summary Description of Regional Open Space Plan, Including Scheduling a Special Workshop Meeting for Saturday, January 27, 1996 and Adopting Workshop's Agenda -- G. Sipel (8:55) 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. Meeting 95-27 Page 3 ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar shall be approved by one motion unless a Board member removes an item from the consent calendar. A member Qf the public may re(juest under oral communications that an item be removed from the consent calendar. Open Space . ....................................................... ........... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION No. 95- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING LINDA L iEBEs ON THE OCCASION OF HER RETIREMENT FROM THE COYOTE POINT MUSEUM WHEREAS, the Board qf'Directors oj'the Miapeninsula Regional Open Space Districtfinds that the Covote Point Museum for Environmental Education is one of the most effective and important sources of regional environmental education,- and WHEREAS, the Boardjurtherfinds that grass-roots environmental activism, community service and organizing, and political acumen are valuable skills and talents, and are best used to enhance the public's understanding and appreciation for the environment; and WHEREAS, Linda Liebes has repeatedly demonstrated her talents in those areas, and since joining the Museum in 1975 has been instrumental in the development, management, growth, and continuing success of Coyote Point Museum,- and WHEREAS, Linda's work with Covote Point Museum has included tenures as Development Officer, Administrative Director, and Director, and in those capacities she has been a leader in bringing Covote Point Museum to its current status as one of the most respected and emulated environmental education centers in the state; and WHEREAS, in addition to her twenty years of exemplary service at Coyote Point Museum, Linda has participated and volunteered in the leadership of many other environmental, educational, and political organizations, including the Sierra Club, the League of Women Voters, Bay Leaf, and the PTA, and has been involved in a number of political campaigns and efforts, including the upcoming San Mateo County Alternative Funding measure for schools, libraries,parks, and open space; and WHEREAS, Linda will be retiring from the Directorship oj'the Coyote Point Museum. r Environmental Education as of January 12, 1996. Now, THEREFORE,BE ITREsoL vED that the Board of Directors of the Midpeninsula Regional Open Space District applauds and honors Linda Liebes for her tireless efforts on behalf of environmental education,for her outstanding work with Coyote Point Museum, and for her dedication and commitment to parks, open space, and the preservation of our heritage of natural resources. The Board further wishes her well in all her future endeavors Adopted by the Board of Directors December 20, 1995 USPONSL ACTION PROPOSRD RT 3"" board President AcknovlsdSa/Reepood Director AekaovledRe/Raspnad Staff AeknovladRa/sespood T RebeccaJevons Draft Respoose Attached Staff to A• Directed to Prepare Draft Rsaponaa for Soard Consideration per I Board Olreec ira(s) No Response Necessary December 3, 1995 Midpemnsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022-1404 Dear Midpemnsula Board Members: Thanks to you and the Peninsula Access for Dogs(PADS)group on the recent opening of spaces to dogs. Last weekend was the first time I did not have to leave my dog at home when taking a walk with the rest of my family at Fremont Older. I look forward to seeing even more dog access to these spaces. These spaces allow us to give proper excercise,new sights,and smells to our large dog otherwise confined to its property. Now we and other families will frequent these public areas more often,thanks to you and PADS. Sincerely, Rebecca Jevons and Family DEC 0 51995 Mark Prusinowski 1108 Kelly Drive San Jose, CA 95129 November 27, 1995 Pete Siemens, President RESPONSE ACTION PROPOSED By STAFF Board of Directors, MROSD board President Acka—lode/Raapond 330 Distel Circle Director Atkoovlad Re/Respond Los Altos, CA 94022 staff AckaovledBe/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration par Board Dlreeclve(s) No Response Necessary Dear Pete, Here is the reply letter I received from the Saratoga Country Club concerning the Fremont Older parking lot. Also enclosed is the letter I sent in October. Mark Prusinowski ,.vlark Prusinowski 1108 Kelly Drive San Jose, CA 95129 October 16, 1995 John Tim Worden, President Saratoga Country Club PO Box 2759 Saratoga, CA 95070 Dear Mr. Worden, I am writing to you to express my concern about a dangerous situation at the Saratoga Country Club. One of your greens is adjacent to the parking lot of the Fremont Older Open Space Preserve at the end of Prospect Road, and this results in numerous golf balls being hit into the preserve. I am a Trail Patrol volunteer for the Midpeninsula Regional Open Space District and I spend many hours hiking and bicycling in the preserve. Many times while leaving my vehicle in the parking lot to begin a hike I have seen golf balls crashing through the trees, rebounding off parked cars, and bouncing off the pavement into the wooded areas. In October of 1994 my companion and I were nearly struck by 2 golf balls within the space of 1 minute. My most recent close call occurred on September 24, 1995. At approximately 1:30 PM I was preparing my bicycle for a trail patrol when a high-speed golf ball fell from the sky, struck my vehicle, put a dent in the roof, ricocheted off another vehicle, and barely missed my head. Section 409.3 of the Midpeninsula Regional Open Space District Land Use Regulations states: "No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, or over, or into District Lands." This regulation is clearly being violated at your country club. High velocity golf balls can cause severe personal injury, especially if a small child is hit in the head. With the heavy use of this preserve entrance, and the frequency of stray golf balls hitting the parking lot, it's just a matter of time before someone sustains a severe injury which results in litigation aimed at the Saratoga Country Club or the Open Space District. It would be much more cost effective to prevent personal injuries and automobile damage by installing a protective screening device behind the green which is large enough to capture the golf balls before they hit the parking area. The existing 6 foot chain-link fence is not sufficient. I urge you to work with representatives of the District to resolve this issue. Sincerely, Mark Prusinowski cc Pete Siemens, President Board of Directors, MROSD Saratogq Country Club P.D.Box 2759 October 31, 1995 Saratoga, California 95070 (408) 253-0340 (408) 253-4056 Fax Mark Prusinowski 1108 Kelly Drive San Jose, CA 95129 Dear Mr. Prusinowski: Thank you for your letter dated October 16, 1995. While we do not disagree with your assessment that a dangerous situation exists with respect to parking next to our golf course, the situation is not caused by the Club and we cannot and do.not claim any responsibility for golf balls leaving the course. The golf course was built in the late 1950's and opened in the early 1960's, long before the MROSD existed and even longer before the Fremont Older property was acquired. t has been and continues to he our assertion that the MROSD bears the responsibility for damage done on the parking lot by their negligent choice of parking sites. Next in line for responsibility in case of damage are those that park there with full knowledge that they are parking in a potentially hazardous area. The third party that may have responsibility is the individual that strikes the ball. However, there a at indicate the are only to be held responsible if there is intent s cases th at p are numerous Y Y The protective screening that you suggest would be the responsibility of the MROSD to install. However, we would not approve of any structure we find unsightly or affects the enjoyment of our property. Perhaps relocating the parking lot would be the answer. In any event, we suggest tnat you direct,your request to the MROSD Board. Our General Manager has had numerous conversations with the MRIOIS+D staff about this and other issues, but no satisfactory resolution has been achieved. Thank you for taking the time to voice your concems. I hope you understand why we cannot accept responsibility for the hazardous condition that may exist. Very truly yours, I ,,oil orden, Presioent Pen suia Recreation, inc. J7'/V:3w cc: Saratoga Country Club Board of Directors Regional Open ,.)ace ---------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION December 21, 1995 Mr. Mark Prusinowski 1108 Kelly Drive San Jose, CA 95129 Dear Mr. Prusinowski: Thank your for your November 27, 1995 letter forwarding copies of your correspondence with the Saratoga Country Club. At our Regular Meeting last night, the District's Board of Directors reviewed your comments. The District is concerned about the safety of preserve visitors. We have had several conversations with the Saratoga Country Club regarding stray golf balls landing in the Fremont Older parking lot without satisfactory resolution of the problem. We are therefore requesting that District legal counsel review the matter to determine what the District's rights are and what remedies are available to address this situation. We thank you for your concern. Sincerely, Pete Siemens, President Board of Directors JCM/PS cc: Board of Directors Sue Schectman, Esquire John Tim Worden 330 Distel Circle• Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd®netcom.com io Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smemoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton a Regional . 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I Meeting 95-26 SPECIAL MEETING BOARD OF DIRECTORS November 29, 1995 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 7:10 P.M. Members resen : Pete Siemens Mar Dave Nonette Hanko David Smernoff, Bets r t Y Y, Y Crowder, and Wim de Wit. Members Absent: Teena Henshaw. Personnel Presen : Craig Britton Jean Fiddes John Escobar Malcolm Smith Sue Schectman g , George Sipel, Randy Anderson, Del Woods, Mary de Beauvieres, and Susan Shipley. II. LEGISLATIVE BRIEFING Ralph Heim, the District's legislative consultant, briefed the Board on the 1995 legislative session, which ended in September, and the forthcoming 1996 session. III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, 1) expressed his concern about the lack of lighting in the parking lot for evening meetings; 2) requested information on the start and completion time for the Windy Hill Open Space project scheduled for next year; 3) requested the agenda better emphasize when there is a change from the regular 7:30 P.M. start time; and 4) requested agenda item 2 Final Adoption of Long Ridge Open 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 and agenda item 4 Seasonal Trail Closures be removed from the consent calendar. William Obermayer, 22400 Skyline Boulevard, #22, La Honda, stated he had not been notified of any meetings regarding annexation of property adjoining his property, expressed his concern that he understood Cecilia Cummings did not want the annexation, and inquired into the District's policy on annexation. C. Britton stated that the District has a policy that there must be more than 50% ownership favoring the annexation for the District to move forward, that Cecilia Cummings had not objected to the annexation, that the Local Agency Formation Commission (LAFCO) handles all owner notifications for their portion of annexation proceedings, and that the District followed legally required notification procedures, including newspaper advertisements. Mr. Obermayer stated he has been seeing bicyclists using District land at night and questioned if this was a new policy. C. Britton said this activity is against District regulations and urged Mr. Obermayer to report any future sightings. 3 10 Distel Circle a Los Altos,CA 94022- 4 a Phone:415-691-1200 - FAX:415-691-0485 a E-mail: mroscl@netcom.com Q Board of Oito tors Pete Siemens,Mary C.Davey, Teena 1lenshaw, David I-Smernot(, Nonette Hanko,Betsy Crowder,Wim de Wit Gener<al,vianager:t.Craig Britton Meeting 95-24 Page 2 IV. SPECIAL ORDERS OF THE DAY Resolution Honoring and Commending the Peninsula Conservation Center Foundation on the Occasion of its Twenty-Fifth Anniversary Motion: B. Crowder moved that the Board adopt Resolution 95-43, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending the Peninsula Conservation Center Foundation on the Occasion of its Twenty-Fifth Anniversary. W. de Wit seconded the motion. The motion passed 6 to 0. Resolution Honoring and Commending Norman Y. Mineta on the Occasion of His Retirement From the United States Congress Motion: W. de Wit moved that the Board adopt Resolution 95-44, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending Norman Y. Mineta on the Occasion of His Retirement from the United States Congress. D. Smernoff seconded the motion. The motion passed 6 to 0. V. ADOPTION OF AGENDA Motion: N. Hanko, moved that the Board adopt the agenda. B. Crowder seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR P. Siemens requested the draft responses to the written communications from Ernest Barter, 18971 Fernbrook Court, Saratoga and Frank Nichols, 1430 Westmont Avenue, Campbell be removed from the consent calendar. C. Britton requested minutes of November 16-18 Special Meeting be removed from the consent calendar. He advised the Board of the letter received from Dick Carter, 22400 Skyline Boulevard, #24, La Honda that had been distributed and should be considered in their deliberation of agenda itern 2. Motion: M. Davey moved that the Board adopt the Consent Calendar as amended, including the minutes of the November 8, 1995 Regular Meeting and revised claims 95-20. N. Hanko seconded the motion. The motion passed 6 to 0. Vil. APPROVAL OF MINUTES November 16-18. 1995 Special Meeting J. Fiddes stated that on page two Director Smernoff's name should be added to the list of names of those members who participated in the November 18, 1995 tour. Motion: M. Davey moved that the Board approve the minutes of November 16-18, 1995 Special Meeting, as corrected. N. Hanko seconded the motion. The motion passed 6 to 0. Vill. WRITTEN COMMUNICATIONS N. Hanko requested that the District's response to Ernest Barter be sent to those individuals carbon copied at the bottom of his letter; C. Britton stated it would be. N. Hanko urged that all the rangers be educated on the raptors and the District's policy of glider use at Windy Hill and Meeting 95-24 Page 3 Russian Ridge Open Space Preserves. J. Escobar stated the rangers are well informed of the issues surrounding gliding at these preserves, and C. Britton said he would have Area Superintendent Sanguinetti review this with the Skyline ranger, at their next meeting. P. Siemens suggested staff investigate the possibility of glider use at Russian Ridge Open Space Preserve during their next Use and Management review of this preserve. B. Crowder suggested a statement be included on the District's land use policy in the response to Mr. Nichols to clarify that the District is not a recreation district. After discussion, C. Britton said a copy of the District's Basic Policy would be sent to Mr. Barter and Mr. Nichols, and their response letters would be amended to note that the Basic Policy was attached for their information. Motion: M. Davey moved that the Board approve the written communication responses as amended. D. Smernoff seconded the motion. The motion passed 6 to 0. Ix. BOARD BUSINESS A. Agenda Item No. I - Update on Planning for Proposed Sale of Surplus Property at Teague Hill Open Space Preserve. Authorization for General Manager to Amend Contracts with Project Consultants, and Authorization to Increast, Project's Budget by $80,000 (Report R- 95-136) C. Britton reviewed the history of the Teague Hill acquisition and the proposed sale of the two surplus properties at Pinto Way and Summit Springs. C. Britton stated that after the District failed to receive any bids for the property at the April 1993 auction, Enshallah Real Estate had been hired to complete a study to guarantee the developability of the properties and their potential sale. C. Britton reported studies now confirmed the 35-acre Pinto Way parcel had good, stable soil and could be fairly easily developed. He said the Summit Springs parcel proved to be difficult and costly to development. C. Britton proposed the Board go forward with the necessary mapping and proposals to the Town of Woodside and continue with the initial steps for Summit Springs to prove stability at a cost of $80,000. He stated if the Board chose not to move forward with Summit Springs, the additional budget allocation needed would be approximately $70,000. Board discussion then focused on percolation tests, road conditions, accessibility, costs, and concerns of neighbors. Marge Bosetti, 617 Patrol Road, Woodside, expressed her concerns on the already failing septic systems in the area, ground water problems, and suggested a sewer system be approved and installed before any further development in the area. Arden Finch, 59 Patrol Road, Woodside, stated he has been unable to get a building permit for several years to build a home and did not understand how the District could pursue this with any success. H. Haeussler spoke against the District spending any more money on the Teague Hill project. Meeting 95-24 Page 4 Russ Molari, 75 Roan Place, Woodside, expressed concerns regarding erosion problems, stated that the neighbors had not been advised that more than three sites might be considered at Pinto Way, and expressed concern for further development by the District in the years ahead. P. Siemens and B. Crowder assured Mr. Molari the District is not interested in any future developments. N. Hanko stated that she had never favored selling a portion of the property, spoke against spending any more money on the Summit Springs parcel, and proposed discussing the Pinto Way site only after Board members visited the site and saw what impacts the development would have on neighbors. P. Siemens and B. Crowder spoke in favor of the additional limited funding to determine if the Summit Springs parcel could be developed. M. Davey stated that she saw no advantage in a site visit and that she favored continuing in the direction of selling the developable 10-acre sites the Board chose six years ago when Teague Hill was acquired. Motion: M. Davey moved that the Board authorize the General Manager to amend the contracts with Enshallah Real Estate and Development Consultants, William Cotton and Associates, and Brian, Kangas, Foulk to provide additional consulting to determine the development feasibility of the surplus parcels and the amount of the additional budget authorization would be $80,000. P. Siemens seconded the motion. Amendment B. Crowder moved that the Board's authorization be confined to further to Motion: investigation of the Pinto Way site only to ensure that a fourth site can be determined there, including road alignment. N. Hanko seconded the motion. Discussion: N. Hanko stated she would like a three site limit rather than four at Pinto Way. B. Crowder stated she did not agree. Amendment N. Hanko moved that the Board decrease the number of sites from four to to Motion three at Pinto Way. The amendment to the motion to amend failed for lack of to Amend: a second. The amendment to the motion passed on the following vote: Ayes: P. Siemens, D. Smernoff, B. Crowder, N. Hanko, and W. de Wit. Noes: M. Davey. The amended motion that deleted any further consideration of the Summit Springs parcel passed on the following vote: Ayes: P. Siemens, D. Smernoff, B. Crowder, N. Hanko, and W. de Wit. Noes: M. Davey. Meeting 95-24 Page 5 Motion: N. Hanko moved that the Board hold a tour of the Pinto Way site for the benefit of reviewing what sites are being proposed for development. D. Smernoff seconded the motion. Discussion: C. Britton suggested staff arrange the tour. P. Siemens suggested the motion be withdrawn and if anyone wishes to go for a tour, they contact C. Britton. N. Hanko and D. Smernoff withdrew their motion. C. Britton stated staff would contact each Board member about the tour. B. Agenda Item No. 2 - Final Adoption of Long Ridge Open 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 CEQA (Report R-95-140) C. Britton stated that he had pulled this item from the consent calendar since the Board needed to determine whether attendance at the ad hoc committee meetings would be compensable. N. Hanko stated she did not believe this should be a compensated ad hoc committee. B. Crowder volunteered to be an alternate to this committee. C. Britton referred the Board to Mr. Dick Carter's letter of November 20, 1995 and stated the Portola Park Heights Property Owners Association would be notified of the committee's establishment. Mr. Obermayer stated that he feels the trail crossing over Portola Park Heights Road is a burden to his easement; suggested building an underpass rather than crossing the road; said the District needs to indemnify the Portola Park Heights residents; and urged the Board not to approve the trail crossing. Motion: B. Crowder moved that the Board 1) 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; 2) approve Directors Hanko, Henshaw, and Siemens serving as an ad hoc committee, with B. Crowder serving as an alternate, of the Board to meet with staff and Portola Park Heights Homeowners Association representatives to attempt to resolve issues concerning liability; and 3) determine attendance at the meeting(s) of this ad hoc committee shall not be compensable. N. Hanko seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3 - Approval of Proposed Scope of Work for Preparation of Regional Open Space Plan and Greenbelt Vision Map (Report R-95-142) G. Sipel stated that the proposed date for the workshop discussed in the staff report on goals and objectives should be changed to January 27. R. Anderson described the three phase process for the Regional Open Space Plan: Phase I - Greenbelt Vision Map and Mission Statement; Phase 2 - Resource Preservation and Public Access Plans; and Phase 3 - Program-Level Plans; Comprehensive Regional Open Space Plan. N. Hanko stated she did not like the word "vision" and would prefer the word "plan" and would like an opportunity to discuss this plan at the workshop before any Board approval this evening. Meeting 95-24 Page 6 In response to B. Crowder's statement that she believed the areas covered in the proposed document were already included in the Master Plan, C. Britton explained the Master Plan is a composite rating of land within areas with which the District might purchase, while the Greenbelt Vision Map is to be a schematic of all potential District lands and public access improvements, including estimated costs. Board discussion centered on the need to simplify the staff report and proposed plan; whether a Board committee should work on the plan after the workshop; the level of citizen involvement; what Board members wanted included in the plan; and preparation of the agenda for the January workshop. C. Britton suggested N. Hanko and B. Crowder volunteer to work with staff on an agenda for the workshop and that consideration of this item be continued to the December 20 meeting. He stated that the proposed agenda for the workshop could be presented for full Board discussion at that time. Motion: N. Hanko moved that the Board approve the continuation of this item to the December 20, 1995 meeting. B. Crowder seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 4 - Seasonal Trail Closures (Report R-95-141 H. Haeussler inquired as to when the trail closures will occur. J. Escobar replied closure would occur after winter rains began. B. Crowder asked if the Zinfindel Trail and the Thysen Trail were complete. J. Escobar replied that the Zinfindel Trail was complete to the county maintenance yard and the Thysen Trail construction is still underway. E. Agenda Item No. 5 - Proposed Changes to Annual Review of Relative Site Emphasis Plan to Create a Five-Year Work Prop-ram for District Preserves and Facilities (Report R-95- 14-31 G. Sipel stated the purpose of this report is to streamline and make the capital improvement and budget programs process more understandable to the public. D. Woods reviewed in detail the proposed elimination of the Annual Review of the Relative Site Emphasis Plan and replace it with the proposed format for the Five-Year Work Program for District Preserves and Facilities. D. Smernoff commented that this report describes in good detail what is occurring on District lands and how much it costs to perform operations and maintenance, and that this could be a template for the Regional Open Space Plan. M. Davey concurred that this format is simple and understandable. Motion: N. Hanko moved that the Board accept this information report on proposed changes to the Annual Review of the Relative Site Emphasis Plan. D. Smernoff seconded the motion. The motion passed 6 to 0. Meeting 95-24 Page 7 X. INFORMATIONAL REPORTS C. Britton reported that: 1) he will be meeting with Patrick Sanchez next week to discuss the San Mateo Alternative Funding measure; 2) Santa Clara County Board of Supervisors unanimously approved the County's trails plan; 3) Directors Crowder and Hanko, S. Schectman, and he met with Ted Lempert regarding San Mateo County council's strong defense of the road system through the Driscoll property; 4) J. Escobar, M. Smith, and he attended a reception for Paul Romero, the new Director for Santa Clara County Parks and Recreation; 5) the Planning and Conservation League is doing a state-wide look into funding needs for parks, recreation, and open space and an informational meeting is being held at the District office on Thursday; 6) Friday evening is the reception for Norman Mineta and he and P. Siemens will be attending; and 7) in response to T. Henshaw's request, M. William's status of the Picchetti lease agreement was included in the Board meeting materials. C. Britton reported on behalf of S. Schectman that an appeal has been filed in the Santa Clara County Open Space Authority's lawsuit and that the Santa Clara County Transit Authority has asked for a reconsideration of the Supreme Court's decision in the Guardino case, and the Supreme Court has extended the date to reach a decision on whether to reconsider the case. J. Fiddes announced Doug Vu will start December 11, 1995 as the District's new Planning Technician. M. Smith reported on an article in the San Francisco Examiner on the Driscoll issue and said the San Jose Mercury News will be a co-sponsor for the District's Environmental Festival in June. J. Escobar reported that: 1) the new dog signs are in place at Coal Creek, Fremont Older, and Thomewood Open Space Preserves; 2) he has available the full report on bicycle use produced by Marin County staff; 3) the October Field Activity Summary had been distributed to the Board, noting for the October 29 incident Rangers Linda Hyman, Matt Ken, and Dennis Danielson had assisted CHP and CDF on the major injury accident; and, 4) there had been a 13-acre fire at Russian Ridge Open Space Preserve on Thanksgiving Day. D. Smernoff reported he and D. Woods met on November 28 with NASA officials on the proposed alignment of the Bay Trail and on the Regional Park and Open Space District Conference in Sonoma. P. Siemens reported he met with members of the Santa Clara County Historical Commission and suggested inviting the Commission to tour Picchetti. M. Davey thanked the District for her attendance at the Regional Park and Open Space District Conference. B. Crowder reported: 1) on the Incerpi chestnut orchard at Skyline Ridge Open Space Preserve; 2) she would like the District to consider placing an ad in the Kings Mountain newspaper; 3) on a mountain lion sighting on the Stanford lands; and 4) she and Jean Rusmore have been hiking parks on the west side of Skyline for a new book. W. de Wit reported Platypus Studio was working on the Daniels Nature Center when he was there for his docent training. Meeting 95-24 Page 8 N. Hanko suggested a joint meeting with the Santa Clara Open Space Authority board members sometime next year. N. Hanko reported she provided testimony at the California Constitutional Revision Commission Public Hearing hosted by the Leagues of Women Voters of Santa Clara County at West Valley College. She stated she had invited a member of the Commission to visit the District to learn more about our special district. X1. ADJOURNMENT The meeting was adjourned at 11:05 P.M. Susan Shipley Recording Secretary Claims No. 95-20 Meeting 95-26 Date: Nov. 29. 1995 Revised K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8397 219.82 Acme & Sons Sanitation, Inc. Sanitation Services | 8398 172.24 All Laser Service Computer Cartridge Refill Service 8388 31.57 American Welding Supply Field Supplies 8400 401.06 AT8' T Telephone Service 8401 3,256.00 Curtis Becker Construction Bean House Repairs 8402 180.00 B|enning@' Baker Associates, Inc. Subscription Renewal 8403 166.46 Bowerman Electric Electrical Work 8404 115.56 Breon' O'Donnell, Miller , Brown 66 Dannim Legal Services 8405 144.32 L. Craig Britton Reimbursement--Conference and Local Business Meeting Expense 8406 158.14 °1 L. Craig Britton Rairnburoemnant-G rant House Items 8407 1821.67 Lee Buffington County Tax Collector Property Toxes-Big Dipper Ranch � 8408 148.90 Cmba|a'a |no. Uniform Expense � 8403 264.82 California Water Service Company Water Service 8410 230.00 Camino K4odioo| Group Medical Services 8411 32.47 °2 Carolina Biological Supply Company Field Supplies 8412 165.78 C|ark`aAuto Parts/h0mchlnmShop Vehicle Parts 8413 119.00 Council on Education inManagement Subscription Renewal 8414 38.09 Custom Color Laboratory Color Prints 8415 54.38 The Dark Room Prints 8416 117.30 Mary doBeeuvieres Reimbursement--Vehicle Expense 8417 253.28 Brendan Downing Reim buroemnent-ConforenoeExpense 8418 05'00 John Escobar Reimbursement--Membership Dues 8419 721.86 FanaUmCommmun/oakiomm Vehicle Equipment 8420 53.50 Fmdex Express Mail 8421 124.40 JoanFiddem Reimbursement--Conference � 8422 503.62 Foster Brothers Locks � 8423 152.48 <3ardan|ond Power Equipment Equipment and Repairs 8424 40.60 G & K Services Tovvo| Service � 8425 1'D12.86 Harkins Sign Company Field Signs � � � 8426 37.48 Honda Peninsula Vehicle Parts 8427 447.71 Hyster Sales Company Tractor Rental and Repair 8428 431.04 Kelly-Moore Paint Company, Inc. Grant Cabin Supplies and Paint � 8429 289.30 Kinko'm Copies--Newsletter 8430 6'037.31 Dennis Kobzm & Associates, Inc. Consulting Services 8431 30.49 Lab Safety Supply Signs 8433 10.83 Langley Hill Quarry Base Rock 8433 852.72 Lanier Worldwide, Inc. Maintenance Agreement 8434 285.58 Judy Law Reim bursernent-Vehic|e Expense, Grant � Cabin Artifacts and Conference Expense 8435 235.00 Los Altos Garboba DunnpmterRenta| 8438 70.80 Julie McCullough Reimbursement--Conference Expense 8437 3'500.01 Micro Accounting Solutions Computer Services 0438 90.00 Nnrnnan ~/. KA|netaT6butw 0|nmmr Reservations--P. Siemens and C. Britton 8439 405.94 Monogram Sanitation Sanitation Services °l Urgent Check Issued Nmparnbor13, 1995 °2 Urgent Check Issued November 9, 1995 Page 1 Claims No. 95-20 Meeting95-2 Date: Nov. 29. 1$@5 Revised K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8440 31.93 National Trust For Historic Preservation Resource Docum;_nt 8441 327.09 Office Depot Office Supplies � 8442 730.21 Orchard Supply Hardware Field Supplies 8443 1.394.14 Pacific Bell Telephone Service 8444 510.95 Pella Sales Company Window Portm-SnnithHouse � 8445 8.13 Pitney Bowes Credit Corporation Equipment Sales Tax � 8448 18.49 Precision Engravers Name Tag Engraving 8447 2'280.07 Quicksilver Printing Business Cards and Envelopes 8448 34.13 Rayne Water Conditioning Water Service 8448 217.71 Reed & Graham, Inc. Road Repairs 8450 341.79 Rich's 7lro Service Vehicle Tires 8451 3784.93 Roy'o Repair Service Vehicle Maintenance 8452 1.950.00 R &' RDesigners Smith House Repairs 8453 80.81 Russ Enterprises, Inc. Sign Decals 8454 72.35 Safety-K|non Solvent Tank Service 0455 508.61 San Jose Mercury News Advertisonnen1-'Sky|ine Area Annexation 8456 2759.25 Soafirot Bank 1988 Note Paying Agent Fee � 8457 1537.88 *3 3eafirot8mnk 1380Note Paying Agent Fee � � 8458 7'540.00 E.R. Sheehan Consulting and Equipment Rental 8459 2114.39 Signs of The Times Field Signs � 8460 3'133.80 George Sipel Reimbursement--Resource Document � and November Consulting Services � 8461 7'60 Smith Equipment Field Equipment Parts � 8462 12.78 State Board mYEqualization Diesel Fuel Tax � 8463 49'46 Summit Uniforms Uniform Expense 8464 147.04 S & VV Equipment Co. Fire Pumper Parts � 8465 587.23 Toeter@ Etc. Signs � 8466 10.75 Tomm|inaonZimco MmroaoU8, Maser Legal Services � 0467 4.448.70 Town mf Los Gatos Consulting Services 8468 66.00 VaUan Safety Supply Company Field Safety Supplies 8489 540.00 Valley Title Company Preliminary Report Updates 8470 28.77 The Workingman's Emporium Uniform Expense 8471 139.55 Yardb|rd Equipment Sales Equipment Parts and Repairs � � 8472 204.70 Communications @kControl, Inc. Utilities � 8473 135.62 KatheHonmen Reimburse Tenant for Septic Work 8474 4,000'00 Nmvanono |ndustries Winter Open Space News Mailing 8475 5'495.00 Porto|a Park Heights Property Owners Assoc. Road Maintenance 8476 2.132.00 San Mateo County Parks and Recreation District's Share ofVoters Survey 8477 73.16 DavidTop|ey Reimbursement--Resource Document 8478 541.81 Petty Cash Docent and Volunteer Expenses, Grant ~ � House and Nature Center Supplies, Local Meeting Expense, Field and Office Expense and Membership Dues TOTAL 70,275.55 *3 Urgent Check Issued Novemnbmr8, 1895 Page Regional ,,)ace d MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-144 Meeting 95-27 December 20, 1995 AGENDA ITEM Appointment of Peace Officer GENERAL MANAGER'S RECOMMENDATION——' Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer. Discussion: At your meeting of January 14, 1976, you accepted the recommendation that District rangers be appointed as peace officers as outlined under Section 830.31(b) of the Penal Code of the State of California (see report R-76-2 dated January 7, 1976). Brendan Downing has met the necessary Penal Code requirements to qualify him for appointment. The passage of the attached resolution will complete the appointment process. Prepared by: John Escobar, Operations Manager Contact person: Same as above 330 Distal Cirde * Los Allow, CA 94022-1404 * Phone:41 5-691-1 200 * FAX:41 5-091-0485 * F-mail: mrosd(ilonetcom.Com Et7 Board of fhrectors:fete Siemens,Mary C. Davey, feena Renshaw, David T.Smernott,Nanette Hanko, Betsy Crowder,Will)de Wit Generzal Manager.L Craig Britton RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b) of the Penal Code of the State of California, to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those state and local regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District. Brendan K. Downing Lr Regional n MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-146 Meeting 95-27 December 20, 1995 AGENDA ITEM Final Use and Management Plan Amendments to Dog Access at Sierra Azul Open Space Preserve, Kennedy Limekiln Area, and Pulgas Ridge Open Space Preserve it GENERAL MANAGER'S RECOMMENDATION . 1. Adopt final Use and Management Plan amendments for dog access at two preserves: A. Sierra Azul Open Space Preserve, Kennedy Limekiln Area - open all trails, except for the connection to El Sombroso and the Mt. Umunhum Area, to dogs on leash. B. Pulgas Ridge � Pe n Space Preserve - create an off-leash dog access area at former g site of Hassler Health Home, including limited fencing, as outlined in this report. 2. Direct that these access changes formally take effect on January 20, 1996 at Sierra Azul Open Space Preserve, Kennedy Limekiln Area, to allow time for amendment of maps and signs, and on March 1, 1996 at Pulgas Ridge Open Space Preserve, to allow time for installation of fencing and amendment of maps and signs. DISCUSSION At your October 25, 1995 meeting, you tentatively approved the above changes to dog access at two preserves (see report R-95-133). Persons on the dog access mailing list and adjacent property owners, neighbors, and local agencies had been notified of the proposed changes in accordance with adopted notification policies. No communication has been received by staff regarding these tentative decisions. Notices mailed on September 30 to the list of persons interested in dog access indicated that the final meeting on the above sites would be held on December 13. Based on limited attendance at the past three meetings, the General Manager authorized a limited notification that the final action on dog access had changed to December 20. Notification of the change was provided to the Dog Task Force members and the Peninsula Access for Dogs organization. General communications regarding dog access received since the last meeting have been included in your meeting packets for your information. To allow time for signs and maps to be amended, staff recommends that changes at Sierra Azul Open Space Preserve, Kennedy Limekiln Area, formally take effect one month from the final decision, on January 20, 1996. Staff has confirmed that Santa Clara County has amended its "Pets in Parks" ordinance to allow leashed dogs on the trails in Lexington County Park that connect to the trails in the Sierra Azul Kennedy Limekiln Area (see Attachment 1). County Parks staff indicates that changes to signing in the County park can 330 Distel Circle - L_ �A 9402 1"200 m FAX:41 5-691-0485 � E-mail: mrosda netcom.coc os Altos, C� >2-1404 � Phone:415-691-' � n � Board of Oirectors:Pate Siemens,Mary(:.Davey" Teena Henshaw David T Smernott, Norutte Hanko,Betsy Crowder,Wim de Wit Gerwr,d Manager:L.Craig Britton R-95-146 Page 2 be made in concert with the changes on District lands. Staff has conducted further studies of the options and costs for fencing of the off-leash dog area at Pulgas Ridge Open Space Preserve. Staff had previously proposed fencing the former building site area to clearly delineate the off-leash area and separate off-leash dogs from other trail users. After further study, staff recommends fencing only the access points to the off-leash area, as shown on Attachment 2. A loop using the Blue Oak Trail and the lower portions of the Hassler Trail/Road would be possible without entering the off-leash area. This fencing arrangement will delineate the off-leash area and separate other trail users from off-leash dogs. It will avoid the expensive, highly visible, and extensive fencing project. Fencing the entire area was estimated at $16,500, or half that amount if installed by field staff. The limited fencing alternative is estimated to cost approximately $2,000 in direct cost for materials. To allow time for the fencing, gates, and new signing to be installed, staff recommends that the off-leash dog use formally take effect on March 1, 1996. To fully implement the separation of off-leash dogs from other users, staff recommends constructing the South Canyon Trail to provide a bypass of the off-leash area and a complete loop trail system for the preserve (see Attachment 2). This trail has been an adopted part of the Comprehensive Use and Management Plan since 1987. The South Canyon Trail would connect from the upper end of the Polly Geraci Trail to the Blue Oaks Trail, providing a more enjoyable trail experience than the paved road. The trail would be re-examined in the Work Program process, currently underway, for scheduling into the five year Capital Improvements Plan. The South Canyon Traill is estimated to cost a maximum of$10,000 in direct expense. In the October 25 report, staff indicated that Caltrans may be interested in establishing an oak mitigation project in the same location as the off-leash area. At a subsequent meeting with Caltrans staff, it was determined that 5 to 7 acres on the perimeter of the off-leash area would be sufficient for the oak mitigation project, and the two uses can co-exist with minimal interference. To implement the dog access changes, mapboard signs and trail signs in each of the above preserves will be retrofitted or modified to show the changed access conditions. A pamphlet showing the new dog access sites will be provided to people who ask about dog accessible sites. CEOA Compliance At your October 25 meeting, you determined that the project is categorically exempt from the California. Environmental Quality Act (CEQA). Prepared by: Randy Anderson, Senior Planner • • • "INt """� �. welk P 11IMMUT OUR WRI ,,,y� - Pgy • �RF qv i NEGME PIRMS ON € i' ° '�°°"" 1�{'p� s •• r��! 1 t yy\Y ��,,,�� �,W"`o �"1','1. w -kit $ Y '' ' jk •, - \3'El1F8ii'.k. SL'rl • -.. v sue°°""..`" � i � A' .y No public access j F__ KMFENINSULA REGIONAL OPEN SPACE DISTRICT ATTACHMENT 2 Pulgas Ridge Open_ Space Preserve • 1 BENEDETT I �' � f . Oct I ukob 1 i { ,� ; VL NOTE: �' x -- � �' � _._._j � � __-� {r �• ` �`� � A TRAIL DISTANCE IN MILESCL "' Polly Geraci Trail (Hiking only) f 653 ::. ,;<`: LANDS ADJACENT TO ROAD AP,Eef ,__ �.J � � � � .•':y• , . .y, NOT OPEN TO THE PUBLIC. DO NOT TRESPASS i GATE 0.3 ; L� FENCING ,��, p 4 _ \ is TRAIL W/ GATES . I ! • • • . OFF-IFASH , \`: ..> :iw: EDMONDSAREA . —; ( - 0.7 RD. PROPOSED SOUTH ,.` . BLUE OAK TRAILCRESTV I Eh aa` * 1 CANYON TRAIL HASSLER \r�s s�Jrl • f DR. -... r TRAIL 0 4 REDWOOD CENTER (PRIVATE),. .;:.��:>''; � i �� EJ"'� .� �� - � • �fug J� `��`�._ - # . €t E R0 ADSID \± ! ;t 817 j � ' jIl"i' PULLOUT INTEP,STATE 280 � '� � � --- '`� ` � • '- C ' 637I r- PD./ 394 � - 7, ED(=E4100D PARK f IF _ -- 1 Regional )ace ------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-150 Meeting 95-27 December 20, 1995 AGENDA ITEM Dedication Status of District Lands - GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes. Introduction: In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see report R-86-03 dated January 13, 1986), an annual report indicating the status of District lands as dedicated or undedicated is to be presented to you in December of each year. According to this policy, "Normally, undedicated lands within the District's boundaries will be held for future dedication to ark or open space, or both, purposes, but on ly after the necessary planning, boundary adjustments provision for permanent access and Y �'Y P g� rY adjustments, P other changes in configuration, which may involve the disposal or exchange of interests in all or portions of such lands, have been completed." Dedications are usually made in December on the basis of the annual report. During the year, part of the use and management planning decisions the Board makes for specific parcels and preserves is whether to indicate by motion an intention to dedicate certain interests in land, such as fee title or open space or trail easements. Note that although a motion of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a new acquisition is approved, this does not mean that the parcel would necessarily be dedicated the following December. That is because it is usually prudent to wait until the Comprehensive, or at least Interim, Use and Management Plan for the entire preserve is adopted or reviewed. Since it might benefit the program of the District at some future time to apply development density credits from dedicated District land to other lands, dedication of these credits is not now normally included at the time of the annual dedications. The idea behind withholding potential density credits from dedication, while dedicating the land itself for public open space purposes, is that these credits may represent an asset of the District which may be of substantial value in the future. The credits might be used for transfer to private property, potentially increasing the allowed development density on that property. This might be done in connection with a joint development application with the private party. In exchange, some of that property might be permanently preserved or the District might receive a cash payment which could be used for purchase of open space in another location. Joint development plans and transfer of development rights are, of course, subject to approval of the city or county in which the land lies. A further rationale is that the District, in asserting its potential right to 330 C?istel Circle - Los Altos, CA 94022-1404 • Phone: one: 415-691 1200 - FAX: 415-691-0485 * E-mail: mros(Wrieicom.com Board of threctors:Pate Siemern,,Mary C.Daye°y,Teena Hensh.iw, David T Stn rnoff,Nonette Hanko,Bettiy Crowder,Win de Wit General N1,ima>er:F.Craig Britton R-95-150 Page 2 use these credits, may be able to counter proposals to increase allowed development densities that are based on the argument that the potential development which the District is precluding by buying open space can be put somewhere else in the hillsides. Since the District has, in effect, paid for this density we can argue that the District, if anyone, should benefit. During a previous legislative session in Sacramento, the District sponsored changes to the District's enabling legislation that would state explicitly that potential density credits are not lost when land is dedicated. The bill passed the Assembly, but did not receive final action in the Senate before adjournment. This legislation was not reconsidered since that session because of more pressing legislative issues. Status Summary: Table 1 gives a summary of the dedication status of District preserves and preserve subareas. Only those parcels for which transactions have closed and title has passed to the District on or before November 24, 1995 are included. The interest in land that the District holds, i.e., fee title, an easement, or lease, is listed for each area. Rights of first refusal and/or reversions to the District are not included. The District has preserved 40,959 acres of land, 36,303 acres in fee and 4,656 acres in lesser interests. The District added 4,629 acres of protected lands since December 6, 1994. Recommended Dedications: La Honda Creek Oren Space Preserve. The core of the La Honda Creek Preserve has never been dedicated. As the District was assembling this preserve, it was unknown if land exchanges would be necessary to create a viable and accessible preserve. With the acquisition of the McDonald property, and its frontage on State Highway 84, direct public access was assured. Therefore, it is recommended that the former Dyer (250 acres), Collett (255 acres), Darling (69 acres), Peninsula Open Space Trust (112.57 acres) and Harmon (43.083 acres) properties be dedicated at this time. Also, all of the former McDonald property lying westerly of Route 84 (1099.61 acres total less 39.71 acres located on the east side of Route 84 equals 1,059.90 acres). The 39.71 acres lying easterly of Route 84 would remain undedicated until trail alignments and final preserve boundaries are determined. Several other smaller remote parcels are not being recommended for dedication at this time. Long Ridge Open Space Preserve. Although the former Sempervirens Fund (116 acres) and Deka Associates (206.3 acres) properties are not contiguous to the balance of the preserve, the recent acquisition of the Sempervirens Fund parcel makes this area an important, independent land unit. Also, since both parcels were acquired utilizing grant funds, it is important that they be dedicated at this time. Skyline Ridge Open Space Preserve. Although the former Bullis property (54 acres) is contiguous to the balance of Skyline Ridge, it has been withheld from dedication to allow for possible boundary line adjustments to the leasehold area (12 acres). The leasehold is a well identified parcel, which is now in the hands of Bank of America after a foreclosure settlement. Therefore it is appropriate to dedicate the 42 acre balance of the property, while R-95-150 Page 3 leaving the leasehold area undedicated to retain future flexibility. El Sereno Oren Space Preserve. The former Atwood (29.95 acres) and former Bartkowski (40 acres) parcels are proposed for dedication at this time. These two parcels, with the recent addition of the former Bartkowski property, will provide for a trail connection to a portion of Santa Clara County's Skyline Sanborn Park and eventually will connect to Villa Mantalvo. Additionally, the county contributed funds to the purchase of the Bartkowski parcel and the District agreed to dedicate the property as a part of the joint purchase agreement. Sierra Azul Open Space Preserve - MI, Umunhum Area - Although none of the lands in the Mt. Umunhum area are dedicated, the former Jamison property (392 acres of easement and 535.11 acres of fee) was purchased with grant funds and the subject of a Santa Clara County cooperative acquisition project. As such, the District agreed by written contract to dedicate this property and it is timely to do it now. Summy: Of the 40,959 acres preserved by the District, 1,880 acres are rights that cannot be dedicated such as short term leases, management agreements, etc., leaving 39,079 acres of marketable interests in land. Of this amount, 24,126 acres are dedicated (61.7%), and 14,953 acres are undedicated (38.3%). Upon adoption of the attached resolution dedicating 3,130.91 additional acres, 27,257 acres (69.75%) of these District rights in land would be dedicated. Of the 11,822 acres of undedicated lands, 82.16% are in the Sierra Azul Open Space Preserve. Prepared by: L. Craig Britton, General Manager Contact person: Same as above File: Run Date: Table 1. DEDICATION STATUS S1RY^ LANDS(9 14-Dec-95 • Acres _ . __Acres Acres Acres - Acres --Acres Acres Acres Acres Fee Easement Easement Easement Easement Fee, Ease- Fee, Ease- Fee, Ease- Fee, Ease- Fee Fee Fee Dedicated 3 t Lease 3 Lease d Lease 6 Lease sent 6 Lease sent i Lease sent i Lease sent i Lease Preserve Area Dedicated undedicated intended Undedicated Dedicated Undedicated Intended Ded. 6 Unded. Dedicated Undedicated Intended Ded:-E Unded.- - -- Briggs Creek 0 1 0 1 0 0 0 0 0 1 0 1 Coal Creek 493 0 - 0 _ _ 493 --.0 0 -_ 0 0 493 0 p - Edgewood County Park 0 0 0 0 468 0 0 468 468 0 0 468 El Corte de Madera Creek 2768 4 0 2752 0 0 0 0 2788 4 0 2792 El Serena 1010 -141------ 40 - -1152 ---__. __.0-- ---1 ---- - 0 - I_ -1010 ----142 — ---4p—--Foothills 201201 10 0 211 0 0 0 0 201 10 0 211 Fremont Older 735 0 0 735 0 4 0 4 735 4 0 739 S.S.N.R.A. 0 0 0 0 0 1227 0 - 1227 0 - 1227. 0 - ---1227- - La Honda Creek 47 1995 558 2043 0 0 0 0 47 1"6 558 2043 Long Ridge 1024 630 576 1653 0 13 0 13 1024 643 576 1667 Los Trancos 274 0___ 0 ___ 714 __. ____ .0 _ 0 0 0 __ . __ 274___. _____.0 _-_-._0 __«_Z74 Monte Bello 'Monte Bello" 2631 101 61 2733 0 25 25 25 2631 126 86 2758 i Monte Bello Picchetti Ranch 308 0 0 308 0 0 0 0 308 0 0 308 s mte Bello - (All) (2939) (I01)--- -- --(6I7--_----(3041) _.___ (01 t25) (251 (25) -----(2939)-®_____1120- _—t86Y k3O64)- _ ti Agas Ridge 293 0 0 293 0 0 0 0 293 0 0 293 Purisisa Creek Redwoods 2543 80 77 2624 0 490 0 490 2543 571 77 3114 Rancho San Antbnio _ _ _--- _� __._ ____4__------2I39----T495__ __-__0___---- - 0__-_._ #95--------3549�__.__.-----85---_-_�._. Ravenswood 274 0 0 274 98 1 0 99 372 1 0 373 Russian Ridge 1531 49 0 1580 0 0 0 0 1531 49 0 1580 s Saratoga Gap 492 206 ---0 698 2 0 0 2 494 -- 206 - _0 ------ 7pI— Sierra Azul Cathedral Oaks 163 1179 33 1342 0 72 0 72 163 1251 33 1413 a Sierra Azul Kennedy Limekiln 2246 226 43 2472 68 7 5 76 2315 233 48 2548 Sierra Azul 'Summit Road' 0 0 0 0 0 0 0 0 0 0 0 0 Sierra A2ui (Al 1) (2551) (10050) (662) (12601) (68) (571) (377) (639) (2620) (10620) (1039) (13240) r �0- '1�—'810 -----0--_—BI--- -I20i`-----® 1671'— Stevens Creek-Shoreline 54 0 0 54 1 0 0 1 55 p p St. Joseph's Hill 55 IN 0 0 174 94 0 0 94 268 0 q 268 Teague Hill -_ ____1.. ---_.__ -- 9- 0-_____�4__"�--0—� _624- _..�_�.---_0-�_...--__0._ _�_._._.0____®___0______��________ Thornewood 87 40 0 127 5 10 0 15 92 50 0 141 Windy Hill 1129 2 0 1131 0 1 0 1 1129 3 0 1132 All 21814 14489 1979 36303 2312 2343 402 4656 24126 16833 2381 40959 I s•�.i "Icicles wool those inteiesEs acquired(title or Lease rec-or� or unrtco ease u y execu a on or ore: 4=Dec 95 te: All entries rounded to nearest acre after summations. Table prepared by Herbert Srench ; - RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section 1. Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open space purposes (pursuant to Public Resources Code Section 5540) the interests in land held by the District shown herein, except for possible development rights which might be transferred to or for the benefit of other lands. INTERESTS IN LAND TO BE DEDICATED (EXCEPT FOR POTENTIAL DENSITY CREDITS) Board Approval Closing Property Preserve/Area rantor Date Date Acreage Interest La Honda Creek Collett 04/25/84 04/30/84 255.000 Fee Darling 07/15/85 08/16/85 69.000 Fee Dyer 09/10/86 10/17/86 250.000 Fee POST (Dyer) 11/24/87 12/29/87 112.570 Fee McDonald 03/14/90 05/03/90 1,059.900* Fee Harmon 09/12/90 10/05/90 43.083 Fee Long Ridge Deka 04/24/91 05/31/91 206.300 Fee Sempervirens 06/14/95 06/28/95 116.000 Fee Skyline Ridge Bullis 03/26/86 05/02/86 42.000** Fee El Sereno Atwood 12/18/85 12/31/85 29.950 Fee Bartkowski 03/22/95 05/04/95 40.000 Fee Sierra Azul Jamison 10/12/94 01/04/95 372.000 Easement Mt. Umunhum Area n 10/12/94 01/04/95 535.11 Q Fee TOTAL 3.130.913 acres West of La Honda Road (State Route 84) portion only. Excluding the 12 acre leasehold area. Regional Opet pace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-148 Meeting 95-27 December 20, 1995 AGENDA ITEM Proposed Addition of Shannon Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of the Shannon property. 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 3. Indicate your intention to withhold the property from dedication as public open space at this time. 4. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. DESCRIPTION (see attached map) The Shannon property being considered for acquisition is located southwest of Alamitos Road and northerly of Loma Prieta Road. The property consists of two separate parcels. The northern parcel, located 800 feet south of Mt. Umunhum Road, consists of 40.6 acres. The second parcel, located 4,500 feet south of Mt. Umunhum Road, consists of 67.74 acres. The total acreage is 108.34. Both parcels are adjacent to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Both parcels are situated at the headwaters of the Herbert Creek watershed and are highly visible from the Bald Mountain Trail and other popular trails within the preserve. The smaller, northern parcel is surrounded by District land on all sides. The larger, southern parcel abuts District land on the west and north. Half of the northern boundary abuts a private parcel protected by an open space easement owned by the District. Other private property lies to the east and west. The terrain is characterized by moderate to very steep slopes that descend to the south and east into the Herbert Creek watershed on the northern parcel, and descend to the north and east to the same watershed on the southern parcel. Plant communities are primarily chaparral and mixed evergreen forest and provide excellent wildlife habitat. There is no improved access to, or improvements on, either parcel. -1 - Phone:415-691-1200 - FAX: 41,5-091-0485) - F-nwik M Distel Circle - t os Altos, CA 94022-140 (cord of Omqlor,:Pete Swnwn" Mary( 1),wov, le erm I D,md 1,Smernott,Nonette Hanko, Bel,t ( romler,Winn(it,Wit I 1a1?g Britton R-95-148 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The northern parcel is rated in the Districts Open Space Master Plan as having low composite open space values; however, the larger, southern parcel is rated as having moderate to high composite open space values and is important in terms of habitat preservation, protection of scenic resources, and potential outdoor recreation. It contains a portion of the streambed of one of the Herbert Creek tributaries. Both parcels are in an unincorporated area of Santa Clara County and zoned Hillside, requiring a 20-160 acre minimum lot size, dependent upon slope density. The Bay Area Ridge Trail is proposed to connect from Mt. Umunhum to Loma Prieta in the vicinity of the property. Preliminary Use and Management Recommendations Dedication: Indicate your intention to withhold the property from dedication as public open space at this time. Name: Name the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Signs: Install private property and preserve boundary signs where appropriate. Public Safety Review: There are no known hazards. CE, A Determination It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt front CEQA (the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the auctions may have a significant effect on the environment. R-95-148 Page 3 TERMS The purchase price for the two parcels would be $108,340 ($1,000 per acre), payable in cash at close of escrow. Based upon the real estate market in this area, the purchase is determined to be fair and reasonable to the District. BUDGET CONSIDERATIONS 1995/1996 Budget for Land Acquisition Previous land (Husking) $6,260,000 New land 7,987,000 $14,247,000 Expended to Date Husking (all Notes) $6,258,515 Bartkowski 187,500 Sempervirens 300,000 Rancho de Guadalupe ($lM Notes) 6,750,000 Anthony Property 95,000 Reese Property 110,000 $13,701,015 Amount Remaining $ 545,985 Shannon Property Acquisition Proposed on this Agenda* $ 108,340 Acquisition Budget Remaining $ 437,645 *Controller M. Foster has been consulted on this proposed acquisition, and considering cash flow and availability, funds are available for this property purchase. This property was also included in your deliberations over acquisition priorities, and although the property scored fairly low (bottom one-third), the fact that this property represents an in-holding that is desirable to eliminate, and the favorable price, makes it prudent to acquire this property at this time. Prepared by: Randy Anderson, Senior Planner Contact Person: L. Craig Britton, General Manager 7 L MOMED AMSITION all �; � \ r Cl s1 1 � Y i f1 1i II SIT _AN PROPOSED ADDH ION TO THE Rm m2 ,MT. UMNUMHUM AREA OF r� ,Loma i SIERRA AZUL OPEN SPACE PRESERVE DEC 1995 r �pfietai $:oollou 374j ,I Micrpwa— F2elfy�Televi/i n F�elay Scale: 1 112 mile IJort , �.nc Cs ,a ��; sra r RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF SHANNON) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Frances Joan Shannon and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, site clean-up, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$108,340 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys Resolution Page 2 of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. PURCHASE AGREEMENT This Agreement is made and entered into by and between FRANCES JOAN SHANNON, Trustee of the Frances J. Shannon Revocable Living Trust dated May 11 , 1994, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1 . Purchase and Sale• Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred eight and thirty four one hundredths (108.34) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Numbers 562-22-001 and 562-22-004. Said property being further described in the Legal Description attached to Preliminary Title Report number 610006 from American Title Insurance Company, a copy of said preliminary title report attached hereto as Exhibit "A", and Purchase Agreement - Shannon Page 2 incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be One Hundred Eight Thousand Three Hundred Forty and No/100 Dollars ($108,340.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at American Title Insurance Company, 431 North Santa Cruz Avenue, Los Gatos, CA 95030, phone number (408) 399-7733 or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before January 12, 1996, but in no event earlier than January 2, 1996; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Purchase Agreement - Shannon Page 3 g g Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (i i) District's check payable to Escrow Holder in the amount of One Hundred Eight Thousand Three Hundred Forty and No/100 Dollars ($108,340.00). (e) Seller shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. (f) Seller shall cause American Title Insurance Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $108,340.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e)), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the I I i Purchase Agreement - Shannon Page 4 event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 jed ajM. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. 6.01 Authority, Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6.02 Valid and Binding Agreements, This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to Purchase Agreement - Shannon Page 5 District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6.03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. (a) Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (b) Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive Purchase Agreement - Shannon Page 6 close of escrow, each of which is material and is being relied upon by District: (i) The Property does not contain any Hazardous Waste or underground storage tanks; (ii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements Purchase Agreement - Shannon Page 7 with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. (c) Indemnity.. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained herein, or arising from related to or connected with the existence of any hazardous substances of any kind on or in the property, except when any hazardous substance contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 9. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of 1987 (Public Law 10017, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256), and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights seller may have to the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections. Purchase Agreement - Shannon Page 8 10. Miscellaneous Provisions. 10.01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 10.02 Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 10.03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 10.04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10.05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Purchase Agreement - Shannon Page 9 Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Frances Joan Shannon, Trustee by Shaunee H. Power, her attorney in fact c/o Joe Beatty Real Estate-(Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (408) 268-4062 FAX: (408) 927-0225 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton General Manager (415) 691 -1200 FAX: (415) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 10.06 Severabilu. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a Purchase Agreement - Shannon Page 10 determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 10.07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 10.08 Waiver, No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 10.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 10.10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 10.11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 10.12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. Purchase Agreement - Shannon Page 11 10.13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 10.14 Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 10.15 Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 10.16 Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 10.17 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 11 . Acceptance, Provided that this Agreement is executed by Seller and delivered to District on or before October 18, 1995, District shall have until midnight December 20, 1995 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. t Purchase Agreement - Shannon Page 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Frances Joan Shannon, Trustee APPROVED AS TO FORM: By: Shaunee H. Power, Sue Schectman, District Counsel her attorney-in-fact RECOMMENDED FOR APPROVAL: Date L. Craig Britton, General Manager APPROVED AND ACCEPTED: i President, Board of Directors ATTEST: District Clerk Date: r Regionai R-95-145 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-27 December 20, 1995 AGENDA ITEM Amendment to Long Ridge Open Space Preserve Use and Management Plan to Install a Memorial Bench and Plaque Commemorating Wallace Stegner GENERAL MANAGER'S RECOMMENDATION 1. Tentatively adopt the amendment to the Long Ridge Open Space Preserve Use and Management Plan to install a bench and plaque at the proposed site memorializing Wallace Stegner. 2. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act as set out in this report. DISCUSSION At your May 24, 1995 meeting, the Board directed staff to prepare a Use and Management Plan amendment for Board consideration to accommodate a bench and plaque at the proposed memorial site on Long Ridge Open Space Preserve (see report R-95-69). The bench and plaque will commemorate Pulitzer Prize winning author Wallace Stegner, a long-time supporter and advocate of the District and open space preservation. This proposal is consistent with section III-B of the District's Site Naming and Gifts Recognition Policy, Special Recognition of Significant Supporters. As noted in report R-95-69, the Legislative, Finance, and Public Affairs Committee selected a site on Long Ridge Open Space Preserve (see Exhibit A). The proposed site is located in a grassy meadow near the junction of Long Ridge Trail and Long Ridge Road. The site looks out over the Pescadero Creek watershed and Butano Ridge. The bench will be approximately minor earthwork will be necessary to long d constructed of stone. Some o eight to ten feet o g an lazy fit the bench into the hillside. In addition, a short spur trail, approximately 30 feet long, will be necessary to access the bench. This project is estimated to cost approximately $5,000 and will be included in the 1996-1997 budget. Public Affairs is planning a dedication event on May 19, 1996. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15303 and 15304 as follows: 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:41 5-691-1200 - FAX:415-691-0455 - E-mail:mros(Wrietcom.com @ Board of Drr<rto+s.Pete Siernvns,Mary C. Dave y, Teena f iensh aw, David T.Smernoff,Nonote Hanko, Betsy Crowder',Win)de Wit General Manager:L.Craig Britton R-95-145 Page 2 Section 15303 exempts construction of limited small new facilities. Section 15304 exempts certain minor alterations of land, water, or vegetation. Prepared by: Julie McCullough, Open Space Planner Contact Person: Same as above EXHIBIT A KYD'INE RIGE OPEN'PA(E PRBERV'Ej 0.7 '1/o �Uilp(er C1, k� Park Santa Clara) County) Table Mountain 0 1151, I'm lol,i I Icighl,Road "IlIg Rr, i\\ 03 it)hiking,i,dosed I icycling,and equestrian use. I,� �_ use trails. 0.4 � �� 41.1 lON(.RIME OPEN SPACE PRESERVE 11.4 Wallace Stegner —I I'll I '_.l .R." bench location w7 11.4 If.I 11-K,01 J\A( C% 4', �1.111 fall. LLL\___ f �\`--\ {�.___�_� 400 Exhibit A Location of Wallace Stegner bench Long Ridge Open Space Preserve Regional n MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-149 Meeting 95-27 December 20, 1995 AGENDA ITEM Settlement Agreement on Terms of the Will of John Joseph Pezzoli. Regarding Lands Adjacent to Sierra Azul Open Space Preserve - Cathedral Oaks Area GENERAL MANAGERS RECOMMENDATION i 1. Adopt the attached resolution approving the Settlement Agreement with Rosalie and John Valoff, the Estate of John Joseph Pezzoli and Peninsula Open Space Trust. 2. Authorize the General Manager to sign a Management Agreement with Peninsula g OpenPace Trust o be i n half of the District as set out in this report. Space 3. Determine that the recommended action is category exempt from the California Environmental Quality Act as set out in this report. DISCUSSION In a 1980 newspaper article, "Mountain Man" John Pezzoli expressed his love of nature and his desire that his land be turned into a wildlife preserve after his death. The 34 acre parcel has panoramic views of the adjoining lands of San Jose Water Works to the south and District lands to the north and east. It is one of the parcels required to provide public access to Mount Thayer from Soda Springs Road. It is the last parcel off of the publicly maintained portion of Soda Springs Road. It has a 100 year old house and various outbuildings that appear to be in fair condition. (See attached map for the property location.) John Joseph Pezzoli died in 1992. A will dated November 14, 1990 was filed for probate. The will provided for the Superior Court to select a non-profit charitable organization "dedicated to the preservation of natural wilderness and open space" to be appointed as Trustee of the estate property. The trustee was directed to preserve the natural and wilderness conditions on the real property, maintain and preserve the property, regulate its use by the general public and to permit Rosalie and John Valoff to live on the property for their lifetime, and to hold prayer meetings and Christian retreats. The Trustee was directed not to sell the real property. In late 1993 the District considered whether to accept appointment as Trustee under the terms of the will. Problems arose immediately as there were insufficient funds in the estate to pay the estate debt. The court, therefore, had only two choices (1) disregard the express stated intent of the testator, and order the real property sold or (2) require the beneficiaries under the will to satisfy the estate debt. The law clearly required the court to first attempt the second solution. Accomplishing that solution, however, has been very difficult. The District 0 istel Circle Los Altos, CA 94022-1404 « Phony::415-691-1200 � FAX:415-691-0485 E-mail: mrosd@ 3 30 D� le 1.os Alta � netcom.com p Bwrd of Oirectors:Pete Sienwns,Mary C. Ilavey, Feena I lensWw, David T Sme rnotl,N4 mette Hanko, Betsy Crowder,Wim de Wit Gener,d Manager.I Craig Brition R-95-149 Page 2 and the holders of the life interest disagreed about the interpretation of the will regarding the proper allocation of the costs of both the estate debt and the responsibility for future expenses related to the use and occupancy of the home. Settlement was further complicated because Ms Valoff believed that Peninsula Open Space Trust (POST) was a more appropriate entity to receive any interest under the will. The District discussed the property with POST, but it did not meet their criteria for acquisition. Nevertheless POST agreed to participate in the settlement discussions, and agreed to consider the possibility of acting on behalf of the District as the Trustee. By POST's intervention the parties were able to obtain agreement on a conservation easement which substantially improved protection of the property in the manner desired by Mr. Pezzoli and necessary for the District's long term interests. This settlement depends upon the participation of POST in accepting title to a remainder interest in a life estate in the property, and monitoring the property during the life estate. POST's participation depends upon the District's agreement to reimburse POST for the costs associated with monitoring and enforcing the terms of the settlement agreement and the associated rights and interests. POST will convey the property to the District as soon as it receives a current interest, i.e. after the life estate is terminated. TERMS Settlement Agreement This settlement is made subject to the approval of the Superior Court. The Judge that has been involved in this matter is being rotated at year end, so it is important to conclude this matter before December 31, 1995. Under the authority of the court, and because there are insufficient funds in the estate, certain terms have been modified. Under this agreement Rosalie Valoff will receive a life estate in the entire property, subject to a Conservation Easement as a protection against waste of the property. The remainder interest in the property will be held by Peninsula Open Space Trust. John Valoff will waive any interest he had in the estate. Rosalie Valoff will be responsible for all costs associated with the use and occupancy of the property. Under the terms of the settlement agreement, POST will be responsible for about $6,500 of the estate debt, Rosalie Valoff would be responsible for the remainder of about $23,000. See attachment A for details on the estate debt. The Trustee (POST) would receive fee title upon termination of the life estate. Monitoring Agreement Because of the tight time schedule, it is not possible to have the POST monitoring agreement before you for approval. However, since the property does not meet POST's criteria for acquisition, and they have agreed to be involved at the District's request, all costs associated with their involvement with the property will be passed back to the District. Therefore, the costs that would ultimately be billed back to the District by POST would be the same as if the District owned the remainder interest in the property and handled the easement R-95-149 Page 3 monitoring responsibilities. Therefore, the significant terms of the agreement would be as follows: • The District would reimburse POST for the estate closing costs of approximately $6,500. (See attachment A.) • POST would bill the District for annual monitoring costs which are expected to be $1,200 the first year, $800 for each of the next four years and $400 per year thereafter. The District would request advance notice in any year when the monitoring costs might exceed $1,200. • If any significant enforcement issues surface, especially where legal action might be required, the District would have to reimburse actual costs; however, the District could decide not to pursue such action if the costs were prohibitive. • The District and POST would provide mutual liability indemnity, except that the District would indemnify POST for third party liability, a remote possibility given the limited interest POST would have in the land. • POST would turn over the entire interest in the property at the end of the life tenancy. • Either party could terminate the agreement upon 30 day notice and POST would transfer any and all of its property rights to the District. It is the recommendation in this report that you authorize the general manager to execute a P monitoring agreement with POST in accordance with these terms after it is negotiated and approved by District legal counsel; however, if you prefer, staff could return to you at a subsequent meeting to review and approve the monitoring agreement. USE AND MANAGEMENT At such time as POST transfers its interest to the District, use and management recommendations will be made for your consideration. In the meantime, this will remain private property with no public access. CEQA DETERMINATION It has been concluded that the proposed settlement agreement and monitoring agreement are categorically exempt from the California Environmental Quality Act for the following reasons: CEQA guidelines Section 15325 exempts acquisition of interests in land to preserve open space. Prepared by: Diane Blackman, Research Attorney R-95-149 Page 4 L. Craig Britton, General Manager Contact Person: L. Craig Britton, General Manager R-95-149 Page 5 EXHOC T A Approximate Current Estate Responsible Debt Source Debt Party Postponed Property Tax $6,400 Valoff Department of Health $9,700 Valoff Services Chapel of the Hills $2,200 POST City of Los Gatos $4,300 POST Executor $8,500 Valoff Attorney $8,500 Valoff Extraordinary Service $2,500 Valoff Su otal $42,100 ESTATE ASSETS Personal Property and Cash ($5,000) Real Property NEEDED TO CLEAR $37,100 ESTATE DEBT. 'Assumes all of the personal property and cash is still available. Some may have been used for other estate expenses. �,. KENNEDY TRAI WLA K Saratoga Moore i 7 k,§ �.lEMfnw $erenn 7 atos Los tr— uwE , i EL autos tos CQ ', M11R• ruESfN�- �LwEfMGION rlfllM llu�OPfN�..� y�C �".� Y '_ �': � '' � �. SM OPEN SPACE EASEMEN rnwrrw REs - -, ars wRrfa '>'- •'- ��,r••-i,^�' kris �:..' r;:} me•nfR •k, '- �v t ' L r �� .•a,. 'a ^/' s�uo},. � q,.vwh <: } w Eo _ ��rL•«. "�AIOer oft r. r HergA+s � «Hr'IY CrIy Er . / RpC qn, 9 T n': SJWW j ,» . :.. n•M� : SCVWD tT a - S,b TO MT :::-� EL SOMBROSO } � a S ALMA BRIDGE RD SODA SPRINGS RD f KENNEDY LIMEKILN AREA P.G & E. TRAIL :- s �, N . � � �, .�'.,��.: ' SODA-SPRINGS .. ROAD . pJJlo CATHEDRAL OAKS c PEZZOU PROPERTY PROPOSED SETTLEMENT OF PEZZOU PROPERTY " -w ::, �': N ;.; h,R ` EM CATHEDRAL OAKS AREA OF SIERRA AZUL OPEN SPACE PRESERVE DEC 95 Scale: 1"= 2000'- 0" Nort HOOKER R-95-149 Page 4 EXG;lMT tea Approximate Current Estate Responsible Debt Source Debt Party Postponed Property Tax $6,400 Valoff Department of Health $9,700 Valoff Services Chapel of the Hills $2,200 POST City of Los Gatos $4,300 POST Executor $8,500 Valoff Attorney $8,500 Valoff Extraordinary Service $2,500 Valoff Sub otal $42,100 ESTATE ASSETS Personal Property and Cash ($5,000) Real Property NEEDED TO CLEAR $37,100 ESTATE DEBT." *Assumes all of the personal property and cash is still available. Some may have been used for other estate expenses. f RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF SETTLEMENT AGREEMENT, AUTHORIZING OFFICER TO EXECUTE THE AGREEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF ESTATE OF PEZZOLI) 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 Settlement Agreement between Rosalie Valoff, Executor of the Estate of John Joseph Pezzoli, Rosalie and John Valoff, as individuals, Peninsula Open Space Trust and Midpeninsula Regional Open Space District, as interested parties, 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 General Manager of the District shall cause to be given appropriate notice of acceptance to the parties. The General Manager further is authorized to execute any and all other documents in necessary or appropriate to transaction. Section Three. The General Manager of the District is authorized to expend up to $2,000 to cover the cost of title insurance, site clean-up, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * 12/13/93 10:21 12408 287 2583 HOGE FENMN SJ W004/009 1 Agreement 2 it is stipulated and agreed among the parties as follows., 3 1 . Rosalie Valoff will receive a life estate measured by her life atone. Said life 4 estate will be subject to the terms of a conservation easement intended to protect 5 the open space values of the Prop" as expressed in the Pezzoli Will. This life 6 estate shall consist of the entire Property and shall give to Rosalie Valoff all the 7 rights and duties of a life tenant which include but are not exclusive of the 8 following: 9 10 a. Same rights to use the land as an owner In fee simple, except whatever 11 reasonable conditions are agreed to in order to protect the remainder interest and 12 Insure preservation of the open space values of the Property, as intended by 13 testator (Civil Code Section 818). Pursuant to therterms of the will, the life tenant 14 may not lease any portion of the Property to any other party. 15 16 b. Ufa tenant will have no obligation to make permanent improvements, 17 repairs or maintain the structures and has no right to reimbursement for any such 18 maintenance, repairs or improvements. is 20 c. Life tenant will obtain and maintain liability insurance In the amount of at 21 least $1,000,000 and provide proof of the same to the Remainder Interest Holder. 22 The life tenant will have no obligation to insure the structures against lose or 23 damage due to fire or natural,disaster. The Remainder Interest Holder will be 24 under no obligation to contribute to costs incurred by the life tenant for any 25 damage, liability or other losses, including, but net limited to, loss of habitability, 26 damage to Property or personal injury, from any cause save those directly resuffing 27 from the intentional or negligent acts of the Remainder Interest Holder. In a 12W" Page 3 12/13/95 10:22 IM408 287 2583 HOGE FEN7DN SJ W1005/009 1 d. Any encumbrances made by the life tenant after the date the life estate 2 is created shall be approved in writing prior to the encumbrance and the life tenant 3 shall be solely liable for payment of any such obligation. If the proposed 4 encumbrance is reasonably necessary to maintain the habitability of the Property, 5 and does not create a combined encumbrance exceeding $5,000, Remainder 6 Interest Holder's approval for encumbrances shall not be unreasonably withheld. 7 The remainder holder is under no obligation to approve encumbrances which, 8 whether singly or in the aggregate, exceed $5,000. 9 10 a. Life tenant will pay all taxes, assessments and other costs that may be 11 imposed during the life estate as well as maintenance of the Property, guided by 12 the testamentary intent of the decedent. Because the remainder holder is exempt 13 from certain property taxes and assessments, the obligation of the remainder 14 holder to share a proportion of extraordinary assessments imposed during the life 15 estate, and benefitting the whole inheritance, will be limited by the extent that the 16 remainder holder would be liable for those extraordinary assessments if the 17 remainder holder were then in possession. is 19 f. Life tenant will not commit waste and If there is any waste or even 20 threatened waste, equitable relief including Injunction shall be available to the 21 remainder interest. In addition to the common law definition of waste, waste will 22 be defined as those acts which are inconsistent with the goals protecting the open 23 space values of the Prop", as expressed by the testator's will, and as further 24 described in the' conservation easement attached to this agreement. 25 26 g. Ufa tenant shall have a vested life estate measured by the life of Rosalie 27 Valoff and the remainder holder, a qualified charity which meets the Intentions of In M PMQA 1=143 Page 4 12113/95 10:22 12408 287 2583 HOGE FEM11 Si 000/009 1 the testator, shall have the vested remainder. In this agreement, although most 2 remainders are contingent, the parties agree the remainder herein would be vested 3 and hence provide the remainder interest with a maximum of protection of its 4 interest. 5 6 h. The life tenant will forfeit her life estate if Rosalie Valoff leaves the 7 Property and fails to occupy it for a continuous six-month period. Said absence 8 will be deemed to be an abandonment of the life estate. 9 10 1. The Executor will liquidate estate assets, if any, with the exception of 11 the Property and use the proceeds toward satisfaction of the estate debt. Any 12 estate debt that may be due after liquidation of estate assets will be paid by the 13 Life Tenant or the Remainder Interest Holder as set forth below. 14 15 j. The Life Tenant agrees to accept responsibility for and to pay or 16 1 othervAse satisfy all the estate expenses, except those specifically accepted by the 17 Remainder Interest Holder enumerated in section k below, and more specifically 18 including: 19 20 L Department of Health Services, eat 09,661.03 21 22 11. The probate attorney statutory fees based on a current 23 appraisal of the fair rnarket value of the Property, and any other attorney fees, as 24 may be negotiated between Executor and the attorney for the Executor. 26 26 ni. State of California, postponed property tax of about $6.394.63 27 1 and any accrued Interest thereon. WO *Pon I=1,0 Page 5 12/13/93 10:22 0408 237 2593 HOGS FENMM SJ W1007/009 1 k. The Remainder Interest Holder agrees to accept responsibility for and 2 to pay or otherwise satisfy the following estate debts: 3 i. Chapel of the Hills Funeral Home, estimated, $2,183.05. 4 5 ii. City of Los Gatos, estimated 04,289.00 6 1 7 1. The Executor agrees to waive her-Executor commissions. 9 M. Executor will withdraw her Petition for Order Instructing Executor as 10 to the disposition of real property of the estate, filed with the Court on September 11 2, 1994. 12 13 n. All parties will cooperate in the preparation and execution of any 14 documents necessary to carry out the above agreement including deeds, releases, 15 and any other act the Court deems appropriate to enforce the agreement. 16 17 0. The Superior Court of Santa Clara County, Probate Division, will have 18 continuing jurisdiction. is 20 2. Executor agrees to withdraw her Petition for Order Instructing Executor as in 21 Disposition of Real Property of the Estate, filed with the Court on September 2, 22 1994. 23 24 25 26 27 In M pop"12010 Page a S*R*Md AWMWrWW 1L1141ma lo:za T7408 2$7 2553 HOGE PENTON Si Q 008/009 1 2 APPROVED AS TO FORM 3 4 Date Floyd C. Frisch, Esq. 5 6 Date Rosalie V. Valoff, Executor 7 8 Date Rosalie Valoff 9 10 11 Date John Joseph Valoff 12 13 APPROVED AS TO FORM 14 15 Date Richard W. Herz, Esq. 116 APPROVED AS TO FORM 17 .18 Date Stephen N. Wyckoff, Esq. 19 APPROVED AS TO FORM 20 21 Date Richard Schachtili, Esq. APPROVED AS TO FORM 22 23 24 Date Belinda J. Johns, Deputy Attorney General APPROVED AS TO FORM 25 28 27 Dom, Susan Schectman, District Counsel In n 1"143 Page 7 30 d"d �wr.rwrr 12/13/03 10:23 0408 287 2583 RODE FEMMN sJ 009/009 1 ACCEPTED FOR RECOMMENDATION: 2 3 Date L. Craig Britton, General Manager 4 APPROVED AND ACCEPTED- 5 6 Date President, Board of Directors 7 ATTEST- 8 9 1 Date District Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 In A Rand I U143 Page 8 12/13/95 10:21 12408 287 2583 HOGE PENTON SJ Q002/009 2 3 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF CAUFORNIA 9 IN AND FOR THE COUNTY OF SANTA CLARA 10 In re the Estate of Case No. 129143 11 John Joseph Pezzoli Stipulated Settlement 12 August 14, 1995 Time:10:00 AM 13 Dept:10 14 The Parties 15 Daniel E. Lundgren, Attorney General of the State of California, acting on 16 behalf of the People of the State of California, and acting through their attorney of 17 record, Belinda J. Johns, Deputy Attorney General; Rosalie V. Valoff, Executor of 18 the Estate of John Joseph Pezzoli (hereafter "Executor"), acting through the is) attorney for the estate, Richard W. Herz; Roselle V. Valoff and John Valoff, 20 interested parties (hereafter "Valoffs"), acting through their attorney, Floyd C. 21 Frisch; objector, Peninsula Open Space Trust (hereafter "POST"), acting through its 22 attorney, David W. Mitchell; and objector, Midpeninsula Regional Open Space 23 , District (hereafter 'District'),.I acting through its attorney, Richard J. Schachtili, 24 agree and stipulate to enter into the following settlement agreement regarding 25 disposition of the real property of this estate. 26 27 12/13/95 10:21 IM408 287 2583 BOGE FENTON SJ Q003/009 2- Authority 3 In entering into this settlement agreement, the parties hereto, through their 4 respective authorized counsel, have obtained all necessary authority and compiled 5 with all prerequisites to -their execution of the agreement. 6 7 Summary 8 The real property at issue in this estate is that property of approximately 34 9 acres referred to in the Will, of John Joseph Pezzoll. Said property is generally 10 Identified as Santa Clare County Assessor's Parcel Number 558-31-008 with a 11 street address of 15900 Soda Springs Road, Los Gatos, California (herein after 12 "Prop arty"). A preliminary title report for the Property prepared as of December 13 28, 1992 is attached hereto as Exhibit A and made apart hereof as if fully set forth 14 herein. 15 In this agreement Rosalie Valoff (life tenant) will receive a life estate In the 16 entire Property, subject to the terms of a conservation easement intended to 17 protect the open space values of the Prop" as expressed In the Pezzoll Will. 18 The life tenant will pay all costs associated with the use and occupancy of the 19 Property including ordinary charges imposed by low such as property taxes and/or 20 possessory interest taxes. 21 The remainder interest will be held by POST (Remainder Interest Holder), a 22 California private, non-profit corporation dedicated to the preservation of open 23 space. The remainder Interest Holder will have right to periodic inspections of the 24 Property to protect the remainder interest, and ensure protection of the open 25 space. 26 27 Page 2 In M P Recorded at the request of and when recorded return to: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. 4, Suite 135 Menlo Park, CA 94025 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Easement") is granted this day of 1995, by Rosalie V. Valoff, Executor of the Estate of John Joseph Pezzoli ("Grantor") to the Peninsula Open Space Trust, a California Public Benefit corporation ("Grantee"). RECITALS A. Grantor is the Executor of the Estate of John Joseph Pezzoli (the "Estate") pursuant to the Will of John Joseph Pezzoli dated November 14, 1990 (the "Will"). The Estate owns that certain real property (the "Property") commonly known as 15900 Soda Springs Road, Los Gatos, County of Santa Clara, California, consisting of approximately 34 acres as shown on Exhibit A and as more particularly described in Exhibit B. The Property shall be subject to the terms of this Easement; and B. The Grantor will receive a life estate in the Property as a bequest under the Will. The testator expressed a desire in the Will to both preserve the open space values of the land and provide Grantor a life long residency in the Property. This Easement preserves the open space values of the land pursuant to the testator's desire. The Grantor will receive her life estate in the Property subject to the terms of this Easement as part of a court order approving final distribution of the Estate issued by the Santa Clara County Probate Court. C. The Grantor also received the right under the Will to conduct prayer meetings and Christian retreats on said property during her lifetime ("religious functions"). Therefore, the parties desire that the residential uses and religious functions that have historically been compatible with the conservation values of the Property may be continued; and D. The Property possesses natural, scenic, historic, open space and recreational values (collectively "conservation values") which are documented in an inventory of relevant features of the Property, copies of which have been provided to the Grantor and are on file at the offices of the Grantee. These documents consist of reports, maps, photographs, and other documentation that the parties agree collectively provide an accurate representation of the Property at the time of this grant and is intended to serve as an objective basis for monitoring compliance with the terms of this Easement; and E. Grantor resides in a residence on the Property. The location of the her residence and all other buildings, structures and improvements accessory to her residence are described on Exhibit C. All the other buildings, structures and improvements accessory to her residence are collectively referred to as the "Auxiliary Buildings." F. Grantor intends, as Executor of the Estate which is the owner of the Property, to convey to Grantee a conservation easement in perpetuity over the Property including the right to preserve and protect the conservation values of the Property, subject to the conditions contained herein; and G. Grantee is authorized to acquire and hold title to interests in real property and is responsible for implementing a program of natural area conservation and protection, area restoration and resource enhancement. Grantee intends to preserve and protect in perpetuity the conservation values of the Property. GRANT OF CONSERVATION EASEMENT NOW, THEREFORE, in consideration of the above and for a valuable consideration, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of California and in particular, inter alia, California Civil Code Sections 815 through 816, Grantor grants to Grantee a conservation easement in perpetuity over the Property as follows. 1. Purpose: The purpose of this Easement is to assure that the Property will be retained in its natural, scenic, historical, and open space condition, to prevent any use of the Property that would significantly impair or interfere with its conservation values, to permit continued limited residential use that is compatible with its conservation values. Accordingly, this Easement allows Grantor to use the Property for activities involving private residential use, religious functions, family gatherings, nature study, enjoyment of views, open space, natural habitat and environmental protection, and related uses which are consistent with this Easement, but restricts all other uses as expressly provided. 2. Rights of Grantee. To accomplish the purposes of this Easement, Grantor conveys to Grantee the right: (a) To identify, preserve and protect the conservation values of the Property and to prevent any activity or use of the Property which is inconsistent with the conservation values of this Easement; and (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with the terms of this Easement and to enforce such terms; provided, that such entry shall be upon reasonable prior notice to Grantor and that Grantee shall not unreasonably interfere with the use and quiet enjoyment of the Property by the Grantor. 3. Grantor's Rights. Grantor reserves unto the Estate all rights accruing from the Estate's ownership of the Property which are not transferred and conveyed hereby, or which are not expressly granted to Grantee or prohibited herein and which are not inconsistent with the purposes of this Easement. Without limiting the generality of the foregoing, the following rights relating to the Property are expressly reserved by Grantor: (a) Residence and Auxiliary Buildings. To reside in and use the residence and Auxiliary Buildings described and shown on Exhibit C. (b) Replacement of Residence and Auxiliary Buildings. To restore, repair or replace the existing residence and Auxiliary Buildings in their same size and height at their existing sites. If Grantor desires to replace the residence or Auxiliary Buildings on a new site, such replacement site shall be subject to written notification and approval of Grantee as provided in paragraph 5. (c) Water Rights. To hold and use all existing water rights on the Property for the benefit of the Property, to apply for additional riparian or appropriative rights as necessary for continued residential and ecological uses and to obtain water supplies from any source permitted by law. (d) Religious Functions. To engage in any and all religious functions which are not inconsistent with the purposes of this Easement. If any Religious Function may alter, damage or otherwise impair the conservation values of the Property, such Religious Function shall be subject to written notification and approval of Grantee as provided in paragraph 5. (e) Recreational Uses. To engage in and permit others to engage in recreational uses of the Property which require no surface alteration or other development of the land. 3 M Irrigation Facilities. To construct, install, use, repair, replace, or maintain necessary facilities for residential irrigation, including pipes, pumps, utility lines, access roads, and small sheds to protect such facilities. (g) Reservoirs. To repair, maintain or replace existing reservoirs for recreational, landscaping or ecological enhancement purposes, provided that there is no net loss of riparian habitat or wetlands. N Utilities. To upgrade, repair, and maintain existing utility systems, including, without limitation, water, sewer, power, fuel and communication lines and related facilities without the requirement of undergrounding. (i) Roads. To repair and maintain existing roads and parking areas, provided that grading is minimized, and that adequate drainage is provided to prevent erosion. Such roads and parking areas may be paved or rocked and oiled where heavily used. New roads, including riparian crossings and/or parking areas may be constructed, repaired and maintained, provided that they are reasonably necessary to serve the improvements and/or to facilitate the uses authorized hereunder, subject to the written notification and approval of Grantee as provided in paragraph 5. (j) Fencing. To construct, repair and maintain existing fencing and gates provided they are reasonably necessary to serve the improvements or facilitate the uses authorized hereunder and are consistent with the purposes of this Easement. 4. Prohibited Uses. Any activity on or use of the Property which is inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses of the Property are expressly prohibited: (a) Subdivision. The legal or defacto subdivision of the Property for any purpose. Partition and lot line adjustments shall be considered a subdivision. Any land transferred by lot line adjustments shall remain subject to the terms of this Easement. (b) Commercial or Industrial Use. Any commercial or industrial development, use of, or activity on the Property. (c) Building. The placement or construction of any buildings, structures, or other improvements of any kind (including without limitation, fences, roads, and parking lots) except those permitted in paragraph 3. (d) Soil Erosion or Degradation. Any use or activity which causes or is likely to cause significant soil degradation or erosion or significant pollution of any surface or subsurface waters. 4 (e) Alteration of Streams or Ponds. The alteration or manipulation of the ponds and watercourses located on the Property; provided, however, that any existing water systems for permitted recreational, landscaping or ecological enhancement uses may be repaired and maintained. Improvements to existing water systems that alter or manipulate the ponds and watercourses located on the Property are subject to the notification and written approval of Grantee as provided under paragraph 5 and any such improvement shall be made so that damage to riparian and wetland vegetation shall be minimized. (f) Tree Cutting. The cutting down, destruction or removal of trees on the Property. However, trees may be cut down, destroyed or removed of less than 12 inches diameter breast high ("DBH") when required for the safety of existing improvements. Trees in excess of 12 inches DBH may be cut down, destroyed or removed when required for safety or fire protection of the Property upon notification and written approval of Grantee as provided under paragraph 5. (g) Dumping. The dumping or other disposal of wastes, refuse, or debris on the Property, except for organic material which is generated by landscaping and gardening activities as permitted herein, and by the maintenance of improvements, or used for fertilizer or erosion control; provided that any such dumping or disposal of organic materials shall be in accordance with applicable law. There shall be no dumping of any such materials into creek channels. (h) New Utilities. The above ground installation of new utility systems or extensions of existing utility systems, including, without limitation, water, sewer, power, fuel and communications and related facilities. (i) Mineral Rights. The exploration for, or development and extraction of, minerals and hydrocarbons by any surface mining method or by any other method. 0) Sale or Transfer of Water Rights. The sale or transfer of any water rights belonging to the Property to any other property, or use of any of water rights appurtenant to the Property for anything other than permitted conservation, natural habitat enhancement; recreational and residential uses permitted herein. (k) Commercial Grazing. The keeping, raising, pasturing, grazing, feeding and caring for livestock for commercial uses. For the purposes of this paragraph, "commercial uses" shall be defined as: breeding, raising, pasturing and grazing of cattle and livestock of all kinds for the primary processing and sale, including direct retail sale, to the public. 5 (1) Off Road Vehicles. The use of off-road or all-terrain vehicles or motorcycles except as may be reasonably necessary in connection with maintenance activities. No recreational off-road vehicle use is permitted. (m) Hunting-or Shooting. The hunting, shooting or trapping of wildlife, or the shooting of guns, except the shooting of predators attacking domestic animals or humans; the trapping, shooting or relocating of wildlife as is necessary or appropriate to protect horticultural plant life; and the trapping and killing of rodents and vermin which threaten any existing structure or horticultural area on the property. (n) Noise Limits. No activities such as concerts shall be permitted on the property which produce noise levels in excess of 65 decibels as measured on trails surrounding the Property. Landscaping equipment such as, but not limited to, tractors, chainsaws, generators and leaf blowers are specifically excluded from this provision. (o) Archeological Resources. The excavation, removal, destruction, or sale of any archeological artifacts or remains found on the Property. (p) Junk Yards. The storage or disassembly of inoperable automobiles, trucks and other large equipment for purposes of sale or the rental of space for that purpose. (q) Excavation. Alteration of land forms by grading or excavation of topsoil, earth, or rock, except such grading or excavation as is necessary or appropriate to construct permitted improvements and repairs. (r) Degradation. Any use or activity, such as clearing, grading, or storage of materials, which degrades or is likely to degrade the scenic and natural character of the Property. 5. Grantee's Notification or Approval. For all paragraphs wherein written notification and approval of Grantee is required, Grantor shall seek approval in the manner described in this paragraph. Further, Grantor agrees to notify Grantee in writing in the manner described in this paragraph before exercising any right not explicitly described in this Easement as a permitted use, the exercise of which may have a substantial adverse impact on.the conservation values of the Property. 5.1 Notice of Certain Permitted Actions. Whenever notice is required in accordance with this Easement, Grantor shall notify Grantee in writing not less than thirty (30) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspects of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purposes of this Easement. 6 5.2 Grantee's Approval. Whenever Grantee's approval is required in accordance with this Easement, the Executive Director or any authorized representative of the Grantee shall grant or withhold its approval in writing within sixty (60) days after receipt of Grantor's written request therefor. The request shall describe the nature, scope, design, location, timetable, and other material aspects of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purposes of this Easement. Notification of Grantee shall be by personal delivery, or by certified or registered mail, return receipt requested. Grantee's approval may be withheld upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purposes of this Easement. If Grantee fails to respond to Grantor's written request within the sixty (60) day period, the request shall be deemed to be granted. 6. Disputes and Remedies. If Grantee determines that Grantor, or Grantor's assigns or any occupant of the Property is conducting or allowing a use, activity, or condition on the 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 Property resulting from any use or activity inconsistent with the purposes of this Easement, to restore the portion of the Property so injured. 6.1 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. 6.2 Grantee's Other Remedies. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot be cured within the thirty (30) day period, or Grantor fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, or by requesting the appointment of a special master experienced in conservation easements, to recover any damages to which it may be entitled for violation of the terms of this Easement, including damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Property to the condition that existed prior to injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under 7 this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereinafter existing at law or in equity. 6.3 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of 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 a waiver. 6.4 Acts Beyond 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 Property resulting from 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 Property resulting from such causes. 7. Baseline Data. In order to establish the present condition of the Property, Grantee has examined the Property and prepared a report (the "Easement Documentation Report") containing an inventory of the Property's relevant features and conditions, its improvements and its natural resources, (the "Baseline Data") and a map of the Property (the "Baseline Documentation Map"). A copy of the Easement Documentation Report has been provided to Grantor, and another shall be placed and remain on file with Grantee. The Easement Documentation Report has been signed by Grantor and Grantee, and thus is acknowledged to accurately represent the condition of the Property at the date of the conveyance of this Easement. The parties intend that the Baseline Data and Baseline Documentation Map be used by Grantee to monitor Grantor's future uses of the Property and practices thereon. The parties further agree that, in the event a controversy arises with respect to the condition of the Property or a particular resource thereof, the parties shall not be foreclosed from utilizing any other relevant document, survey, or report to assist in the resolution of the controversy. 8. Costs and Responsibilities. Grantor retains the responsibility for ownership, operation, upkeep, and maintenance of the Property during her lifetime. 8 9. Taxes. Grantor shall pay or cause to be paid before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), and shall furnish Grantee with satisfactory evidence of payment upon request. 10. Liability. Grantor and her assigns shall be responsible for, indemnify and save harmless the Grantee, 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 the Property,h, exce t for active negligence of the Grantee, its officers, agents, or employees. The duty of Grantor to indemnify and save harmless includes the duty to defend as set forth in California Civil Code Section 2778. Grantor waives any and all rights to any type of express or implied ed indemnity or right of contribution from the Grantee, its officers, agents or employees, from any liability resulting from, growing out of, or in any way connected with or incident to this Easement. 11. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee may jointly amend this Easement; provided that no amendment shall be allowed that will affect the status of Grantee under any applicable laws, including Sections 815 et. seq. of the California Civil Code, and any amendment shall be consistent with the purposes of this Easement. Any such amendment shall be in writing, shall refer to this Easement by reference to its recordation data, and shall be recorded in the Official Records of Santa Clara County, California. 12. Convey. Grantee may convey this Easement in whole or in part to an entity that is authorized to acquire and hold conservation easements under California Civil Code section 815.3 (or any successor provision then applicable). 13. Estoppel Certificates. Upon request by Grantor, Grantee shall, within 20 days after receipt of such request, execute and deliver to Grantor any document, including an estoppel certificate, which certifies Grantor's compliance with any obligation of Grantor contained in this Easement and otherwise evidences the status of this Easement as may be reasonably requested by Grantor. 14. 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: Rosalie V. Valoff, Executor Estate of John Joseph Pezzoli 15900 Soda Springs Road Los Gatos, California 95030 9 with a copy to: Floyd C. Frisch, Esq. Suite 207 Park Vista Building 2 North Santa Cruz Avenue Los Gatos, California 95030 To Grantee: Executive Director Peninsula Open Space Trust 3000 Sand Hill Road, Bldg. 4 Suite 135 Menlo Park, CA 94025 with a copy to: David W. Mitchell, Esq. Hoge, Fenton, Jones & Appel, Inc. Sixty South Market Street San Jose, CA 95113-2396 or to such other address as either party from time to time shall designate by written notice to the other. 15. Recordation. This instrument shall be recorded by Grantee in the Official Records of Santa Clara County, California. Grantee may re-record this Easement whenever re-recording is required to preserve Grantee's rights in this Easement. 16. 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 purposes of this Easement and the policy and purpose of Section 815 et. seq. of the California Civil Code. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes 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 party prepared this instrument. (c) Expenses. In the event of litigation or arbitration between the parties arising out of or relating to this Easement, the prevailing party will be entitled to recover court or arbitration costs and reasonable fees of attorneys, accountants and expert witnesses incurred by such party in connection with 10 the action or arbitration, including such costs and fees incurred because of any appeals. The prevailing party also shall be entitled to recover all such costs and fees that may be incurred in enforcing any judgment or award, and this provision shall not be merged into any judgment but shall survive any judgment. (d) 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 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. (e) 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. (f) No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of the Grantor's fee title in any respect. Grantor specifically reserves the right to convey fee title to the Property subject to this Easement. (g) 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 Property. (h) Termination of Rights and Obligations. Except as expressly provided otherwise in this instrument, a parry's rights and obligations under this Easement shall terminate upon the transfer of the parry's interest in this Easement or the fee title to the Property, as the case may be, except that rights, obligations, and liability relating to acts or omissions occurring prior to transfer shall survive transfer. (i) 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. (j) Counterparts. The parties 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. 11 (k) Exhibits. All Exhibits referred to in this Easement are attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the parties have set their hand on the day and year first written above. GRANTOR ESTATE OF JOHN JOSEPH PEZZOLI, pursuant to the Will dated November 14, 1990 Rosalie V. Valoff, Executor GRANTEE PENINSULA OPEN SPACE TRUST, a California public benefit corporation By: Audrey C. Rust, Executive Director 12 i SCHEDULE OF EXHIBITS A. Map of Property B. Legal Description of Property C. Map of the Residence and Auxiliary Buildings CE4 (11/9/95) 13 r ReglOnai Open iace R-95-147 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-27 December 20, 1995 AGENDA ITEM Summary Description of Regional Open Space Plan and Proposed Agenda for January 27, 1996 Board Workshop GENERAL MANAGER'S RECOMMENDATION 1. Schedule a Special Meeting for Saturday, January-27, 1996, from 9:00 a.m. to 2:00 p.m. at the District administrative offices, 330 Distel Circle, Los Altos, for the purpose of holding a workshop on the proposed Regional Open Space Plan to confirm the planning issues, formulate a draft mission statement, and review the District's Basic Policy. 2. Accept or amend the workshop agenda and arrangements outlined below. DISCUSSION At your November 29, 1995 meeting, staff presented a draft scope of work for preparation of a Regional Open Space Plan for the District (see report R-95-142). The proposed scope included a public workshop in the early stages of the project to set the groundwork for the study. This report is intended to clarify the objectives, benefits, and products of the Regional Open Space Plan and help determine the agenda for the workshop. The goal of the Regional Open Space Plan is to produce, with public input, a map-type brochure that would identify in general terms what the District might look like in 20-25 years if adequate funding were available. This map would show existing District and other agency (including appropriate non-profits) lands, identify additional lands that might be preserved to complete the greenbelt and implement the various trail plans, scenic highway plans, and District Master Plan; identify major public staging areas, access improvements, trails, and other low-intensity recreational uses and locations; analyze the need for additional management facilities, such as field offices and ranger residences; and estimate the total cost of the desired lands, public access improvements, management facilities, and on-going stewardship. Objectives and Products 1. &1 gbiectives and benefits of the Regional Open Space Plan can be grouped under the headings of communication, participation, and guidance: Communication ' 0 Provide an overview of existing and potential open space lands, planned improvements, and stewardship. 130 Distel Circle - Los Altos, CA 94022-1404 - Phone: 415-091-1200 - FAX:415-09 1 0485 * F n)ail: - , i : m rosd((-_1)11(,1(o111.(o111 (i) Girard of 0ito(Wr,:Pete Swnwns_`,Amv I)ave\', Teeny [),1\0 1."mernolt, Nonetle I latiko,Ho Crowder,Wim de Wit G0mv,dA1,m,n;cr:L.0aig 131 Mon R-95-147 Page 2 • Provide a description of the District's long-range goal - the preservation of the greenbelt. • Help identify and support projects for grant applications. PaWcipation • increase public participation in District policies and plans. • Increase public awareness of, and support for, the District's mission. • Help coordinate the District's planning with other agencies and organizations. Guidance • Evaluate existing policy for consistency. • Acquisition, planning, and stewardship priority setting. • Provide the basis for a five year plan. 2. Ergducts of the Regional Open Space Plan would include: • A Mission Statement for the District, providing a definition of the greenbelt. • A map of existing and potential open space lands and regional access improvements. • A summary of potential open space lands and regional access and improvements. • A rough estimate of the costs to acquire, construct, and operate the District's portion of the future greenbelt. • Revised Basic Policies for the District, including any amendments resulting from development of the Mission Statement and plan. • CEQA documentation and findings for the plan. The proposed format for the above products would be a color greenbelt map, slightly smaller than the existing Visitor Guide, with the Mission Statement, Basic Policies, cost information, and explanatory text on the reverse. Proposed Agenda - January 27 Workshop The workshop would start at 9:00 a.m. and end at 2:00 P.m. A half hour lunch break would be made in the program. Food and beverages would be provided. The workshop would be noticed in local papers to encourage public participation. 1. Confirm direction of the planning pl=s: • Objectives and benefits of the process • End products • Board role • Nature and extent of public involvement • Time frame • Staff and other resources required 2. Review existing pglicies lands, improvements. and 121ans R-95-147 Page 3 3. Identify nl� s.gbjectives. and opvortunities 4. Identify basiclicY issues 5. gpprove next steps Prepared by: Randy Anderson, Senior Planner Contact person: L. Craig Britton, General Manager Regional Open MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager": -. DATE: December 20, 1995 SUBJECT: FYI 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-048.5 * E-mail: mrosd@netcom.com fs� Board of Directors!Pete Siemens,Mary C.Davey, Teem Henshaw, David T.Stnernoff, Nonette Hanko,Betsy Crowder,Wim de Wit Genera!Manager:L.Craig Britton DEER MOUSE i Shrew y SMALI- MAMMAL SMALL MAMMAL DEER A&xW 4 Shrew rew , SMALL MAMMAL SMALL MAMMAL DEER MoufE • a 4 ' , i Shrew 1 SMALL MAMMAL ,SMALL MAMMAL DEER MOUSE I Shrew i SMALL MAMMAL SMA}-L. MAMNAL Dora Kreidl 2228 Bunker Hill Dr San Mateo, CA 94402 day phone (415) 571-1285 evening(415) 573-8764 December 1, 1995 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 I am a resident of San Mateo since 1974 and am writing this letter because Ijust recently found out about all the beautiful trails on the Midpeninsula. I am absolutely thrilled I am dog- sitting since September, and on weekends I am exploring all the trails where dogs are allowed Let me share afew thoughts and experiences. PULGAS RIDGE OPEN SPACE, my favorite trail. But I was a little intimidated by the warming about MoiiiiiaitiLions. But I did return thereafter talking to a very nice person at your district office, who gave me a little more details about the spotting of the lion, its size etc. I like these particular trails because they are narrow, almost 213 in shaded areas. It gives you the feeling of being somewhere in the Sierra Foothills without the long drive there. WINDY HILL -I started front Skyline, went all the way to Portold Road and also to Alpine Road. Ifound it very strenuous with apulling dog on the leash. It is quite steep and most of it exposed to the sun. I wondered why the dog needs to be on a leash all the time on these wide open trails? The next 2 times I started from the bottom, which worked out much better, because my "Labrador"was not so energetic anymore on the return downhill. But one does not find the trail heads easily. It looks as you want to keep them a secret. I do like the breathtaking views from the trail, but I can imagine that it's way too hot in the summer. Ifeel deprived that I cannot explore more of the shady trails with my good companion and protector dog. FREMONT OLDER- The Seven Springs Loop Trail is very pleasant as well as the first mile from Prospect Road But the Coyote Ridge Trail reminds me of a ski slope. You walk up because you want the thrill to schuss down. Perfect for bicycles and horses, but pretty monotonous for hiking. Here again I questioned myself, why am I not allowed on more shady trails? LONG RIDGE-Extremely difficult to find the trail head were dogs are allowed-and then, to our surprise, after half a mile the treaded stop sign for dogs. This surely wasn't worth the long drive there. ST JOSE PHS HILL - Quite pleasant, a little too short to make the long drive from Sall Mateo worthwhile. Once a year is enough. FOOTHILLS OPEN SPACE PRESERVE- Very nice, but again very short. A nice loop could be cut into the terrain to make it a little more challenging. As you can see, I tried them all. Now I don't know where to go next. If you know of other areas where dogs are allowed, I would very much appreciate your ideas. Is there a map from Marin County similar to yours? This lefter is not meant to be critical. I etyoyed all my explorations. Ijust hope that more dog owners speak up and there is something you can do about it and give us a little extra consideration. Dogs are animals too and need a little open space just like the wildlife does. I wish there would not be as many trails with dog restrictions. We are very responsible people. Alone I would never go on hikes and it is hard to find friends with the same interest and the same schedule. My dog has my schedule!-he is always ready when I am. My hiking enthusiasm stems from my upbringing in Switzerland where thousands of trails are extremely well marked with a guidelines for time and distance. Kind regards, ]ora Kreidl Regional Openepace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 6, 1995 Dora Kreidl 2228 Bunker Hill Dr. San Mateo, CA 94402 Dear Ms. Kreidl: Thank you for your recent letter regarding dog access on the preserves. It has been forwarded to the Board of Directors for their review. The current access conditions evolved during the period from 1983 to 1987. Based on continued support for additional access for dogs, the Board's Dog Use Committee initiated a study process in September 1993 to carefully review the current program for dog access. This process has included five public meetings before the Board Use and Management Committee and six public meetings before the full Board of Directors. There has been extensive public participation on all sides of the issue. The following changes to do access at four Preserves were approved ved by the Board at their November 8, 1995 meeting. I think these changes will address some of your concerns, such as more trails in the shade and longer trails. 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. To allow time for signs and maps to be amended, these changes will formally take effect on December 8, 1995. In summary, as of December 8, 1995, dogs are allowed on leash on designated trails at Windy Hill and on all trails at Pulgas Ridge, Fremont Older, St. Joseph's Hill, Coal Creek, and Thornewood. (Foothills is still open, but we're not advertising it; as you say, it is very short.) An updated map set is enclosed. Changes are being considered for dog access at two other preserves. It is proposed that designated trails at Sierra Azul, Kennedy-Limekiln Area become open to dogs on leash. It is also proposed that there be a designated off-leash dog area at Pulgas Ridge Open Space Preserve. The Board will consider these proposals at its meeting on December 20 at 7:30 p.m. at 330 Distel Circle, Los Altos. If they are approved, there would be some delay in implementation to allow changes in signing and maps, and installation of fencing in the case of Pulgas Ridge. 330 Distel Circle . Los Altos,CA 94022-1404 e 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 - 2 - The Board has directed its Use and Management Committee to reconsider the potential for additional dog access at Windy Hill Open Space Preserve. This meeting has not yet been scheduled. Your name has been added to the list of persons to be notified of meetings regarding this subject. I hope you will attend to further express your views. Sincerely, �G� Randy Anderson Senior Planner RA:kh cc: Board of Directors I Date: Tue, 28 Nov 1995 10:56:1, -0800 From:jack@microunity.com (Jack Wenstrand) To: mrosd@netcom.com netcom.com Subject: Dogs/Maps Dear MROSD policy makers: I read that you are actively considering opening MROSD lands for access to dogs. Please pass these comments along to the board. I support use of most or all preserve lands by dogs accompanied by their masters. As very few local parks are open to dogs, the ones that are tend to get very heavy use. Opening more lands to dogs will reduce congestion. In particular, I would like to see dogs at Rancho San Antonio. I would prefer to see regulations requiring that a dog be "on a leash or under voice control" rather than a conventional leash law. I would much rather run by a well-behaved dog under voice control than a vicious one on a leash. The MROSD lands are a regional treasure. Thank you for your efforts in building and maintaining such an important part of the quality of life in this area. It is a wonderful service to the community. Sincerely, John S. Wenstrand ----------------------------------------------------------- Jack Wenstrand Tel: (415) 329-0232 35 Rondo Way Menlo Park, CA 94025 e-mail:jsw@gloworm.stanford.edu P.S. Please send me a current map of MROSD lands. (DONE) Date: Mon, 6 Nov 1995 23:36:11 -0500 To: mrosd@netcom.com Subject: Dog Policy I understand you are still in the process of reviewing the dog policy for the Open Space District. I believe the policy where an entire Open Space preserve is either open or close to dogs is the cleanest way to go. Not only is it easier for MROSD staff, but it is easier for the public. For example, I called the MROSD office today to find out if I could take my dog on the trails at Windy Hill that lead from the Skyline Parking lot down to Alpine Rd. Even though I know some trails are open, I never remember which ones they are. The office staff had to refer to maps to give me an accurate answer. It would be simpler to know that all trails at Windy Hill are open or closed to dogs. I understand that some people don't like to be near dogs. I think the all or none policy is better for those people as well. They can go to locations that totally restrict dogs, knowing that they are not going to encounter any dogs regardless of the trails they choose. I've often taken my dog to Sunol in the East Bay OSD. They have a much freer policy where dogs can be off- leash, if they are well-behaved. I've never encountered problems there with my dog, or with other dogs. Would it be worthwhile to check with the East Bay parks to see if their policy is working, and consider it for the Peninsula? If you maintain a mail list on this topic I would like to be added to it. V" Thank you for considering my views. Phil Geller 2140 Yale Street Palo Alto, CA 94306 415 494-2324 email:philgeller@aol.com --------------------------------------------------------------------------------- Date: Tue, 7 Nov 1995 02:26:46 -0500 To: mrosd@netcom.com Dear MidPen: I support dog access in as many open spaces as possible. Please recommend to the MROSD Board of Directors to vote "Yes" on the spaces currently under consideration. Thank you very much, Nora Baker COYOTE POINT MUSEUM For Environmental Education BOARD OF TRUSTEES President Victoria H.Hazelrig First Vice President December 8, 1995 Joshua L.Green Second Vice President Donna J. Pribble Secretary Jennifer Raiser Treasurer Dear Valued Friends of Coyote Point Museum, William S.McCreery Auxiliary Representative I am delighted to announce that Judith L. Chovan will become the new Margaret Shamba-rger Executive Director of Coyote Point Museum for Environmental Education on Volunteer Representative Richard A.Phillips January 15, 1996. Judy was unanimously approved by the Museum's Board of Deborah Bocci Trustees at our December 5, 1995 meeting. Thomas M.Brown Alan Burr,D.V.M. Our search committee, Josh Green and Doug Levick co-chairs; Linda Lanier, John P.Carver Jacques Littlefield, Dick Phillips, Linda Liebes and myself, spent 10 months Steven A.Cinelli Nancy Forster looking for a new director to follow our much loved and very capable Director Charles C.Gensler Linda Liebes. JacquelineG.Himes Charles C.Huggins Richard L.Intrater Linda has been with the museum for 20 years, and we owe her a debt of thanks Nancy Koch for making Coyote Point Museum the exciting place that it is today. Linda's Marilyn Loushin-Miller Constance C.McNamara two decades of enthusiastic leadership and visionary planning has transformed a Bailey Logan Meyer good idea into a great institution, George F.Montgomery 11 Marcia H.Pade Constance M.Sevier It was not an easy job to find someone to follow Linda. The Committee Jack C.Shnider literally searched the country to find the best possible candidate. We are Torn Thompson Ivy Wenzell convinced that Judy will skillfully lead our Museum into the twenty-first Steve Westerman century. David Wisnom,Jr. PRESIDENT'S COUNCIL Ray N.Atkinson Judy's broad experience includes museum direction, design, management, and Thomas R.Brown education, Most recently, she served as the Executive Director of the Dayton Mrs.William W.Budge Society of Natural History, an AAM accredited museum, planetarium and zoo. Louise M.Davies Michael B.Demetrios Judy was also an acclaimed Project Director at the Natural History Museum of John L.Doyle Los Angeles County. In addition, she has worked for the National Park John D.Goldman Robert E.Henderson Service and as a Peace Corps Volunteer in Tonga, teaching science and animal Joseph C.Houghteling husbandry. In 1976 she received her B.A. in Biology from Hiram College in Sterling Lanier Ohlo� Douglas G.G.Levick III Jacques M.Littlefield Mrs.Peter McBean George T.McCoy Carl J.Schmitt Peter J.Solomon Peter Steinhart DIRECTOR Linda Liebes C*j 1651 Coyote Point Drive,San Mateo,CA 94401-1097 • Tel:(415)342-7755 • Fax:(415)342-7853 Your support and commitment to Coyote Point Museum over the past years has made our Museum an ideal choice for such a capable leader as Judy Chovan. With your continued involvement, we can look forward to great things for our shared future, our museum and our environment Best wishes for the holiday season. We are looking forward to sharing a toast of thanks to Linda and a welcome to Judy on January 10, 1996 at the Museum, 6-8 p.m. Please plan on attending our reception honoring Linda Liebes. Most sincerely, Victoria Hull Hazelrig Q President Board of Trustees DECl r Regional Open ace ----------------- __L7 ..�.._. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 18, 1995 Honorable Tom Campbell Member, United States Congress 373 First Street Los Altos, CA 94022 Dear Congressman Campbell: On behalf of the Board of Directors and the staff of the Midpeninsula Regional Open Space District, I'd like to offer our congratulations on your election to the United States Congress. You have been a valued friend of the District and of the environmental movement here in California, and I'm confident you'll take that philosophy with you to Washington as you'assume your new legislative role. Please feel free to contact me if I can provide you with any background or information on open space preservation that may aid you in your congressional work. Again, congratulations and best of luck to you as you represent California's 15th District in the United States Congress. Sincerely, Pete Siemens President, Board of Directors PS/mcs cc: Board of Directors, MROSD 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 Open )ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 18, 1995 Honorable Willie Brown Mayor-Elect, City of San Francisco 401 Van Ness Avenue San Francisco, CA 94109 Dear Mayor-Elect Brown: On behalf of the Board of Directors and the staff of the Midpeninsula Regional Open Space District, I'd like to offer our congratulations on your election as Mayor of the City of San Francisco. I'm sure that the challenges you'll face in the City will rival those of your years of leadership in the State legislature. While there is no area of overlapping jurisdiction between San Francisco and the District, there are issues of public access to the San Francisco Watershed lands that are of mutual importance. I look forward to the opportunity to discuss these issues with you at a convenient time. Again, congratulations and best of luck to you as you take the reins as Mayor of the City of San Francisco. Sincerely, Pete Siemens President, Board of Directors PS/mcs cc: Board of Directors, MROSD 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 INTER-OFFICE MEMORANDUM December 20, 1995 TO: Craig Britton, General Manger FROM: John Escobar, Operations Manager SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month November Year 1995 VIOLATIONS TOTALS ACCII)E.NTS/FIRE TOTALS Bicycles Bicycle 5 Closed area 8 Equestrian I Speed 19 Iliking/running 2 Helmet 35 Search/rescue — 2 Dogs Fire I Prohibited area 11 Off-leash 6 l,,Nl,'OIZCFMEN't' Fishing/swimming 0 Citations 82 Off-road vehicles 0 Written warnings 65 Closed area 2 Arrests After hours 16 Police assistance 3 Weapons Actual contacts I CRIMES Reports only I Auto burglaries 2 Vandalism I False into to peace officer 0 Parking 19 Assault 0 After 1101,irs parking 35 Dumping/littering I MUTUAL Alf) Campfire 3 Vehicle accidents 3 Paragliding 0 Enforcement I Occult practices I Fire I Bicycle accident off-site I SUMMARIES OF SIGNIFICANT INCIDENTS November 7: The registered owner of a vehicle associated with a camping violation at Long Ridge OSP was recognized by Mt. View dispatch as being a 'hazardous' individual. San Mateo S.O. was requested and arrived on scene before contact was made. Two subjects were cited for the camping violation. (continued) Novemberl0: Mt. View dispatch advised that San Mateo deputy sheriffs were searching for an armed and dangerous escapee from the Cordilleras ('enter, who was last seen entering Po|gau Ridge. Thc Suspect was possibly armed with akni(e. The subject wasn't found. November 11: K. CadS0o and .[. Laum|cn observed five juveniles, a&cS 14 to 17, in 8pariiu|\y concealed campsite at 8t. Joseph's Hill. Carlson found a box oF22 caliber hu|\c1u and a 22 caliber handgun concealed in a backpack. 1[hogun was seized and the juvenile was issued a citation. lx`u Gatos police had a delayed response because they had to wait for town ranger to drive an officer Up in a four-wheel drive vehicle. All five juveniles were given warnings for camping and turned over ioKparent. � November 16: K. Carlson and T. Kurn0[e| contacted five juveniles Sierra &zu| {)Spa\nng Guadalupe Creek. When they returned to their vehicle, they found that the vehicle had been burglarized, however the owner had no interest in filing police report. Novonober 17: Seven Stanford uiudu)tm were iymu*] ci(uhunx for after hours violations at Skyline Ridge. y4ovcnobcr 17: An auto burglary occurred x( Skyline Ridge. Novmohcr23: ()n Thanksgiving Day an approximately \vue|ve-xon: fire burned mostly grass and o sn)uU area of brush at Russian Ridge nn the K11ndego '[rail. Staff and CDF Cnn(uincx| the blaze in xb0o( three hours. M. Ken, P. Hearin, T. Knrnn[e[ P. Congdon, and D. Danielson provided easily hu|[ the \o(x| o(8[Ung at the fire for the hry| hour. Nmvcmber3D: At Quuchu San Antonio ()SPu hiker reported that she observed o onun displxy n handgun and holster u0cr site (nk| hin) she had uhmorvcd it mountain lion. Re o{x(c'i "[nn well prcparcd" an(] oondoucd hiuhikc. � � � ' ��� Regional Opei place MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton General Manager r DATE: December 15, 1995 SUBJECT: FYI 330 Distel Circle • Los Altos, CA 94022-1404 . Phone:415-691-1200 + FAX:415-691-0485 + E-mail:mrosdn netc:om.com Board of fhrectors:Pete Siemens,Mary C.Davey,Teena Henshaw,David 1.Smernoff, Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton g/ J f -pace MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT INTEROFFICE MEMO December 14, 1995 TO: L. Craig Britton, General Manager FROM: Randy Anderson, Senior Planner SUBJECT: Trail Closure, Pinto Way Trail in Teague Hill Open Space Preserve Based on discussions with John Escobar and Patrick Congdon, we are recommending closure of the above referenced trail due to muddy conditions and to protect the recent grading and drainage work. Based on your approval, this closure will be in effect as of Friday, December 15 and will remain in effect until the trail dries out sufficiently after the rainy season. Nearby neighbors and the Woodside Trail Club will be notified of this closure. : t V" 3 30 Distel Circle Los Altos, CA 94022-1404 Phone:415-69 1-1 200 . FAX: 4'1 5-691 0485 E-mail:mrosdt�>netcom.(om � Homd of Oiro tors Pete Siemens,Mary t`.Davev, teeny 4 ienshaw,D,ivid 1 Smernoft,Nonetie Hanko, ticky t=rowder,Winn de Wit ('ener7l,v1x ,ger 1.(:reig Britton William Lettis &Associates, Inc. 1777 Botelho Drive,Suite 262,Walnut Creek,California 94596 Midpeninsula Regional Open Space District Los Altos, [A 94022 Dccsmbcr |3' 1995 Dear Ms. McCullough: � Wo have recently completed our trenching study a1 the Rancho San Antonio Space Preserve, and are eager to report our mcuu||x to you. We are very appreciative of the opportunity to conduct this important study and would like to express our thanks. As you know, we conducted trenching studies at the Preserve in the hopes of crossing a trace of the � Monte Vista fault. The fault is mapped by several workers through ourxtudyunzu, zndmnu deform young alluvial deposits just tn the south. The purpose o[our study iato document the number and timing o[past earthquakes onihcb/u|t. Specifically, we hope to compare the rupture history of the � � Monte Vista fault with that of the San Andreas fault to see if the Monte Vista fault can produce large cu/1bguukca. lJ|hrno1e|y, our goal is to characterize the seismic hazard associated with the Monte Vista fault. The implications of this hazard potentially affect hundreds of thousands of Peninsula residents. In order\o adequately churoohcri c the buxuud however, we must first find the Fxu|L Existing geologic maps and geophysicalp,oO|ingoonductcdby [].8. Gco|ogiculSu,vcyacicodstoutthcPrcaerve Suggested that vvc would cross the fault in our trenches. Tn our attempt to locate the fault, vveexcavated four trenches inthe Preserve; a total o[about l \ lmeters. Wc did not find the fault orany evidence of � / tectonic deformation in any oF the trenches. Our trenches exposed relatively horizontal stream deposits � � laid down hyPenuooeotcCreek. Radiometric dating of charcoal samples removed from our first trench indicate that the deposits are os much ux l5,OOO years old. The trenches therefore suggest that this part of the Monte Vista fault has not produced an earthquake in mnomchtau 15,(00ycazs. Alternatively, it is now thought possible that an active strand o[the fault, if � there is one, io located northeast of our trenches. Our future efforts will include more detailed geologic mapping of the Rancho Sun Antonio area in order to better assess vvhotbcr our trenches were located across the most active fault strand. l[it turns out that the fault does actually lie beneath the undu[oomed strata in our trench, the age of the terraces provide a minimum age for the most recent large earthquake on the fault. Interestingly,� one and perhaps two of our trenches crossed locations that experienced ground cracking in |gN9 during the Loma P/ictuearthquake. We saw no evidence ofa crack extending downward through strata u1these locations. These cracks may be related to strong ground shaking, rather than actual fault movement. � Again, thank you for allowingto d t this h in the Open Space Preserve. Because ofthe � abundant urbanization in the area, the Preserve provides a rare opportunity to characterize the earthquake hazard along the Monte Vista fault. We appreciate the vital Support provided by the Open Space District in helping the research take place. Please do not hesitate to contact us if you should need further docurnentation of our work. We will of course provide you with copies of our final report upon its completion in the coming year. Respectfully, WUL[}AM |LETTIS &c ASSOCIATES, INC. Keith l. Kc|mon, C.B.(]. Project Manager a• C Regional OpegSpace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 7, 1995 Randy Vogel P.O. Box 4554 Laguna Beach, CA 92653 Dear Mr. Vogel: Thank you for contacting the Mid peninsula Regional Open Space Distric t recently with your concerns about rock climbing access at Devil's Canyon (also known as Aquarian Valley). I'd like to clarify the situation and offer the District's perspective on this issue. The Midpeninsula Regional Open Space District is a public land conservation agency which owns and manages 41,000 acres on the San Francisco peninsula, including the Long Ridge Open Space Preserve in the Santa Cruz Mountains. The District acquires and manages open space lands for the purpose of environmental resource protection, viewshed preservation, wildlife habitat conservation, and low-intensity public recreational use. A small share of the local property tax funds the District's activities, which are governed by a seven-member, publicly-elected Board of Directors. At the Long Ridge Open Space Preserve, one of the recreational activities that's unique to the District is the rock climbing occurring at "Devil's Canyon," which is probably the most significant geological feature in San Mateo County. The District acquired the Devil's Canyon property in 1994 and dedicated it as part of the Long Ridge-Open Space Preserve. Prior to the District's purchase of this particular property, the privately- owned site was known and used regularly by climbers in the area. 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 the local climbers know(or should know), the historical use on this site 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, protection of which is the District's stated policy. 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 December 7, 1995 Randy Vogel Page -2- '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 affected flora and fauna, 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 climbing use of the area will have a degrading effect on the surrounding environment (such as has occurred at Castle Rock, a State Park climbing site in the same general area). 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. A long-term plan will be developed for the area, and that process will include public input and participation of interested user groups, such as the climbing community. The emergency action taken to remove the bolts was necessary for the immediate protection of the site, before irreparable damage was done. The installation of permanent anchors and the clearing of moss and lichen is a clear violation of current District ordinances, which state, in part: 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. December 7, 1995 Name Page -3- Based on these regulations, I am urging local climbers to temper their desire for•immediate, unrestricted access with the reality of the fact that the District must take measures to ensure long-term resource protectiorr for the whole of the District's constituency. 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 have written to me asking the District to desist from our actions pending formulation of a written policy; I am simply asking the same of the local climbers. We may not be moving as quickly as they would like, but I can assure climbers in this area that our intent is to produce a climbing plan for the area, and they 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, interested individuals will be informed and invited to participate so that we may attempt to reach a consensus which satisfies both the recreational desires of the climbers and the District's stated purpose of protecting the surrounding natural resources. Since , L. raig Britton General Manager Midpeninsula Regional Open Space District LCB/mcs cc:, Board of Directors, MROSD i KXTV ► r � 1 . -A December 6, 1995 Cheryl Solomon, Volunteer Coordinator Midpeninsula Regional Open Space District 330 Distel Circle KXTV 10 Los Altos, CA 94022-1404 400 Broadway Sacramento CA 95818-2041 Dear Cheryl, 916-441 -2345 An ABC Affiliate I just want to let you know how much I appreciate your help with the Cool Science field trip taping at Los Trancos Open Space Preserve last Saturday, December 2. The weather was beautiful, the terrain very interesting and Roger Myers was great! We really had a good time and I think the segment at Los Trancos will be a real fun one to watch! I'm hustling desparately to make our volcanic activity field trip happen (the other half of the show). The game plan is to air this program on earthquakes, volcanoes and plate tectonics on January 27th, 1996. I've promised to send Roger a dub of the show for the district. I'll let him know if we postpone this particular episode until later next year due to an inability to do a volcano field trip in the next few weeks. Again, thanks for your help. Sincerely, Claudia Joh on A subsidiary of A.H.Belo Corporation Regional Opc Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 6, 1995 Ronald and Rolayne Stortz Sunrise Winery 13100 Montebello Road Cupertino, CA 95014 Subject: Lease Agreement, Historic Picchetti Winery Monte Bello Open Space Preserve Dear Mr. and Mrs. Stortz: This is a follow up to our meeting on October 31, 1995 regarding the monitoring of your Lease Agreement with the District. I wanted to address the following items discussed in our meeting: parking lot lighting, event scheduling, grant work and applications, and bamboo removal. 1. For the parking lot and entrance lighting improvements, I recommend that you have an electrical or general contractor submit a bid proposal reflecting the lighting layout which was part of the site plan approved by,the District on October 25, 1995. The bid proposal should encompass the appropriate permits (electrical, building, etc.), including planning department approvals or permits, if any (i.e., related to the scenic road designation), and any drawings or submittals required. To be able to budget for this item, the District needs this proposal by January 12, 1996. Until a lighting plan is complete, ng evening events are to be held using the public parking area. 2. Event scheduling will be handled by Carleen Bruins, the District's Visitor Services Supervisor. I will have Carleen contact you to schedule a meeting during early January 1996 to share calendars of scheduled and anticipated events. 3. Judy Law, the District's Planner, will continue to work with you on the grant applications with the County of Santa Clara Historical Heritage Commission. 4. To comply with Fish and Game requirements, the bamboo reed removal will need to be scheduled next Spring. If you can provide two weeks advance notice of when you plan to begin the reed removal work, I will coordinate and schedule the District's responsibility for removing the roots and smoothing the creek bank. The revisedlease area boundary appears to include the entire bamboo growth in the creek. Hence, you are responsible for all of the bamboo reed removal in the creek. 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�e Wit General Manager:L.Craig,Britton Ronald and Rolayne Stortz Page 2 December 6, 1995 If you have any questions regarding these issues, please contact me at (415) 691-1200. Sincerely, Michael C. Williams Real Property Representative MCW/dw cc: Annette Coleman, Foothill Area Superintendent Randy Anderson, Senior Planner Carleen Bruins, Visitor Services Supervisor Judy Law, Open Space Planner Regional Ope -pace ------------------- December 6, 1991 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Planning Commission County of Santa Clara 70 West Hedding Street San Jose, CA 95110 Subject: Los Gatos Country Club Development Proposal Lexington Basin - Final Environmental Impact Report Comments Dear Planning Commission Members: I would like to take this opportunity to respond to the Final Environmental Impact Report (FEIR) for the proposed Los Gatos Country Club. The Midpeninsula, Regional Open Space District is extremely interested in this project because it is situated in the heart of Lexington basin, where we own and manage over 14,500 acres of public open space. -We feel the proposed project will significantly impact the integrity of nearby open space lands, and these impacts have not been adequately addressed in responses to our comments on the Draft Environmental Impact Report (copy attached) or in the Final Report. The specific areas of our concern are as follows: Segmented J!rWec (Response 2 in FEIR) The proposed project for which the environmental impact report has been prepared is viewed by the District as part of a larger project that has yet to be identified. The golf club and athletic facility are located on a 2 1 0-acre portion of a 1,1 10-acre site; the existing plans and environmental documents do not address future land uses on the remaining 900 acres. Section VI of the Draft Environmental Impact Report (DEIR), page 172, refers to the project as being part of a larger holding and states that another golf course and/or cluster subdivision could be proposed for the remaining 900 acres. The DEIR failed to provide an analysis of potential impacts of an additional golf course, only a reference that a second golf course would be expected to result in the same environmental concerns. The accumulative impacts of two golf courses within the 11 10-acre site would be far more extensive than this statement suggests. In another section of the DEIR which addresses wastewater treatment, the project description includes a suggested alternative of disposing wastewater offsite on the applicant's adjacent parcel. This suggestion lends evidence that the applicant views the I I 10-acre site as one project when addressing wastewater, but as two project sites when addressing other land uses, such as a second golf course or future subdivision. Without plans for the remaining 900 acres, there can only be a reasonable expectation by all concerned that the applicant will one day wish to expand or augment the proposed intensive 330 Distel Circle a Los Altos,CA 9402 2-1 404 * 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 Planning Commission Page 2 December 6, 1995 recreational development planned on the smaller portion of the property. In light of this expectation, the FEIR should respond in a more comprehensive manner to the potential impacts associated with development of all 1,110 acres. The analysis of the impacts of the larger project are necessary to adequately address the impacts of the currently proposed project. Grading; and Vegetation (Responses 7, 17 and 33 in FEIR) The FEIR response to our comment regarding inaccurate grading estimates states that Table B on page 17 of the DEIR, includes grading estimates of all proposed lakes. We questioned the accuracy of this table, because Lake D is not specifically addressed, whereas, Lake C is shown on line 4. The larger issue is the inordinate amount of grading proposed for the overall project. Adding the estimated 55,350 cubic yards of grading required for the internal roads and facilities, the adjusted total comes to 718,650 cubic yards, which strongly suggests the project does not nestle into the natural contours of the land, but instead, dramatically alters the existing landform. In a natural landscape, it is infeasible to mitigate such a massive grading project to a point where the impact can be considered less than significant. The change in the land form and vegetation cover resulting from massive grading, removal of 400 trees, and construction of green fairways and multiple unit residences most definitely changes the character of Lexington basin. Responses 17 and 33 in the FEIR do not acknowledge the District's existing or planned trails,-where this project is highly visible. Response 17 refers to the Beardsley Creek area, which belongs to the County of Santa Clara. Our concern relates to visual impacts from the upper portion of the former Azzarello property at El Sereno Open Space Preserve. More importantly, the project is highly visible from other District hails at St. Joseph's Hill Open Space Preserve, Priest Rock area and Soda Springs area of Sierra Azul Open Space Preserve. In all these locations, the public will view this project as an obtrusion in the natural landscape. These impacts to the trail system have not been addressed and can not be mitigated to a less than significant level because of the expansive amount of grading and loss of natural vegetation. Wildlife (Response 25 in the FEIR) The impact on wildlife habitat will not be reduced to less than significant merely by providing corridors for wildlife movement. Another nonmitigated impact is the reduction of over 50% of the existing habitat lost to managed open space. The entire fringe or transition area between grasslands and forest is valuable for feeding and cover, and the resulting development plan reduces it to a human playground where golfers will be venturing through it, looking for lost golf balls. Mitigation should provide for adequate fencing and regulations, utilizing a reasonable setback from the forest edge, that sufficiently protects the transition zones from unnecessary human encroachment. Planning Commission Page 3 December 6, 1995 Drainage and Pollutants (Response 8 in FEIR) The response does not adequately address our concern regarding the lack of information and mitigation measures to ensure that pollutants will not reach the Lexington Reservoir. The specific methods of drainage control, such as buffer strips for filtering pollutants, are unproven. When the ground is partially or completely saturated, these strips will not absorb pollutants. The only way to mitigate this potential impact to a less than significant level is to create storm basins to capture all the drainage from the golf course and test the water before being released into Lexington Reservoir. If this is not done and subsequent testing of the reservoir shows increased levels of pollutants from the golf course, then treatment studies and implementation will undoubtedly be done at the expense of the public. It is imperative that any problem resulting from pollutants escaping this project must be the developer's problem prior to opening and not a public problem after the developer is gone. Testing within drainages should be done at all times during the year, especially during peak run-off, when surface pollutants are most likely to get past the buffers and into the drainages. Testing of surface run-off should be done on an impromptu and independent basis to ensure that it occurs at any and all times of the year. This will avoid a potential challenge that applications of fertilizers and herbicides are purposely avoided immediately prior to testing. Additionally, these tests should be contracted for by the County and paid for by the project owner. - Response 10 in the FOR states that on Page 7 of the DEIR, the non-play areas will be planted in drought-resistant grasses, not necessarily consisting of native species. Our comment regarding chemical management referred to page 22 of the DEIR, where you clearly state that native grasses will be selected for the rough areas. The point we would like to make is that native species will most likely not survive fertilization, and if you substitute drought-resistant grasses as suggested on page 22 of the DEIR, then fertilization may be required and will increase the potential problems associated with run-off and pollution of the reservoir. Thank you for this opportunity to comment on the Final Environmental Impact Report. We urge you to consider our concerns and request a more thorough examination of the impacts and proposed mitigation measures before approving the report or considering this project further. Sincerely, e-L�Wie�mfeens-, 'dent Board of Directors PWSldw Enclosure cc: MROSD Board of Directors CHAMBERLAIN GROUP ❑ SYLM NELSON VICE PRESIDENT 655 SKY WAY ■ SUITE 230 ■ P.O. BOX 970 h 0 SAN CARLOS ■ CALIFORNIA ■ 94070 • PHONE: 415/595-5582 ■ FAX: 415-595-5066 f41 i Dear Mr. Wim de Wit: Thank You for your letter of congratulations on my election to San Carlos City Council. I am a walker and I am very familiar with the hiking trails and open space in this county. The Visitor's Map describes our natural preserves beautifully. I also took forward to meeting you and working with you. Sincerely, Sylvia Nelson -Regional Ope, 'pace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 5, 1995 Board of Supervisors County of San Mateo 590 Hamilton Street, 5th Floor Redwood City, CA 94063 Attention: Supervisor Ted Lempert, Chair Subject: Support of Proposed La Honda Area Trails in Draft San Mateo County Trail Plan Dear Chairperson Lempert and Members of the Board of Supervisors: On behalf of the Midpeninsula Regional Open Space District, I would like to take this opportunity to express our interest in proposed trail alignments currently under consideration in the Draft San Mateo County Trails Plan. The District's staff and Board of Directors have followed this project closely over the past two years,and have supported the County's efforts in preparing a comprehensive regional trails plan designed to link communities with their parks and open space lands. The resulting draft plan is the result of a sound and comprehensive planning process with foresight into meeting the future recreation and transportation needs of the County and region as a whole. The District is particularly interested in proposed trail alignments in the vicinity of the 1200- acre La Honda Creek Open Space Preserve, located directly north of the town of La Honda. In the future, the preserve is expected to be one of the most popular open space recreation sites in the region, offering access to thousands of trail users. Trail connections to the preserve from other public parklands and nearby community of La Honda are critically important if we want to protect and enhance the recreational opportunities in this area. The vision for trail connections is reflected in the Draft San Mateo County Trails Plan, which shows the proposed Harrington Creek Trail extending through the region in the north-south direction. The Harrington Creek Trail route will ultimately connect the preserve and La Honda, as well as the Bay Area Ridge Trail to Sam MacDonald County Park, Pescadero Creek County Park, Memorial Park, and the proposed Pomponio Trail leading to Pomponio State Beach. In January 1995, we responded to the County's notification of a proposal to vacate public roads in an area adjacent to the southern boundary of la Honda Creek Open Space Preserve. We opposed abandonment of these roads, because they represent the Harrington Creek Trail alignment as depicted in the County's trails plan and provide a feasible trail connection and system between La Honda and the preserve, as well as enhance the overall regional trails system. The District intends on implementing a significant segment of the trail system when it constructs the Bay Area Ridge Trail through La Honda Creek Open Space Preserve. Upon 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 Board of Supervisors Page 2 December 5, 1995 completion, Old Searsville Road will be a desirable route for La Honda residents to access the Bay Area Ridge Trail, as well as other trail users wishing to travel back and forth from the Bay Area Ridge Trail to County parklands and a future trail to the sea. Dubbs, Gilbert, Wentworth and Bo ess Creek roads could also provide desirable trail routes to State Route 84 and south toward the Pomponio Trail, although there is not currently a proposed trail route south,of State Route 94. As pressure grows to accommodate increasing public demand for recreational trail use, preserving existing public rights and planned trail corridors is essential to providing flexibility in planning a viable trail system in the future. The Harrington Creek Trail and others offer tremendous opportunity that need your attention and support. Thank you for the opportunity to respond to this matter. We encourage the County to retain the proposed Harrington Creek Trail alignment and use of other existing public rights of way in this vicinity when considering the Draft San Mateo County Trails Plan. Sincerely, Peter W. Siemens, President Board of Directors PWSldw cc: MROSD Board of Directors Members of the San Mateo County Parks and Recreation Commission Patrick Sanchez, Director, San Mateo County Parks and Recreation Division Regional Baer 'pace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: 12/5/95 TO: Craig Britton FROM: Malcolm Smith RE: Delay in Kids' Art of Open Space As you know, we had planned on conducting the third annual Kids' Art of Open Space in late February or early March of 1996 (the last one was on March 1, 1995). Flowcver, several issues have developed with our partners in the project, the Community School of Music and Arts (CSMA), which preclude conducting the event in 1996. The CSMA was crucial to the success of last March's event, and both it and the District are committed to continuing the partnership. The event takes a minimum of three months to produce, including preparation and distribution of all collateral materials, and lead time to fully publicize the program and give schools adequate time to participate. If we began immediately, which was our intent, we could have held the event in early March or late February. However, the CSMA has another event scheduled in late March, and they don't feel that they would have adequate staff time to develop their March event, and participate in the Kids' Art program (which does require a very significant amount of their staff time). Therefore, they informed me that the only possible time for the Kids' Aft project would be early February. unfortunately, that would put us three to four weeks behind an already-tight schedule. I've discussed this with the CSMA at length, and we've agreed that to do a good job and maintain the high standards of the previous Kids' Art projects, we need the full three months of lead time, and therefore we've decided to cancel the event tor next February, due to the necessary time constraints. The next possible time-frame for Kids' Art is in the fall of 1996, which was originally my first choice. The apparent problem with fall is that, given the three month lead time needed, preparation would have to begin in September, as soon as schools are in session. That would put the event itself in December. According to the CSMA, trying to coordinate the schools, teachers, and students for art art project that crosses over Halloween and Thanksgiving, and then gets close to the Christmas holidays, is an insurmountable task. They have had a lot of contact and interaction with the schools over the years, and I have to respect their experience and judgment when they say that doing the event in the fall is not a good idea, and would result in very low participation. I am proposing that we hold the next Kids' Art of Open Space in February of 1997, with preparation beginning no later than November of 1996 in order to ensure adequate lead time. I believe that this is the right decision, and will result in the best possible event and most effective publicity for the District, and for the CSMA. You might recall that after the first Kids' Art project, we actually had about an 1 S-month break before the second "annual" event. My goal is to make it a real annual event in February of each year, beginning in 1997. 330 Distel Circle * Los Altos, CA )4022-1404 * Phone.:41 5-6 1 I� � 200 • FAX:415-691-0455 - E-mail: mrosdQrietconi.con7 Board of Oirec tors:fete Siemens,Mary C.Davey,Jeena Nensfmw,David T.Smernoff, Nonette Nanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton '" ROM 1 L ENVIRONMENTAL TECHNOLOGIES CORP. December 1, 1995 On Tuesday evening, November 28, Romic Environmental Technologies Corp. was notified by the Palo Alto Regional Water Quality Control Plant that it may have exceeded the limits of its industrial waste water discharge permit. Romic ceased discharge immediately and has not resumed. Romic tested the discharge and found it did exceed one limit. The substance involved was ferricyanide, a non-poisonous pigment used in photography and electroplating. Romic and other companies are allowed to discharge limited amounts of cyanide, and the water quality control plant does not distinguish between the toxic and non-toxic types. Ferricyanide is a very stable compound that does not break up into the type of cyanide which can be poisonous—in the same way, cyanide compounds that are present in nuts, seeds and leaves are not poisonous. The compound was in waste water Romic was processing as part of its recycling operations. The waste water had been processed in Romic's own water treatment system, which contains microorganisms that were not affected by contact with the compound. Rumors that similar organisms at the sewage treatment plant were killed by this discharge are not true, according to the treatment plant. Although this situation was not a danger to the public or the environment, Romic takes any non-compliance issue very seriously, and regrets that this incident occurred. Now that the problem has been identified, Romic has the capability to remove the fer-ricyanide from the waste water before it is discharged, and is working with the treatment plant to ensure it won't happen again. Romic has some of the most stringent testing requirements for industrial discharge in the Bay Area. It collects its discharge in tanks and tests it before releasing it to the sewer. The company followed all testing requirements in this case. Romic does not process the type of cyanide that is poisonous, and the company was only required to test discharge for cyanides every three months. As a result of this situation, Romic and the water treatment plant have agreed that testing for cyanides will be done on each batch prior to discharge. Romic is a chemical recycling facility that processes industrial solvents, antifreeze, oil and waste water from electronics, automotive, printing, paint and coating industries. If you have any further questions about this or any other matter pertaining to Romic, please contact Rhonda Rigenhagen Silva at (415) 462-2315. R 2081 Bay Road-East Palo Alto.CA 04303-1316-'rei:(415)324-1638 0 Printed on ieocicd paper Regional OpeOpace A. __... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 4, 1995 Mr. Dick Carter Chairperson, Property Owners Committee Portola Park Heights Property Owners Association 22400 Skyline Boulevard, #24 La Honda, California 94020 Dear Dick: Thank you for November 20, 1995 letter to Board President Pete Siemens regarding the establishment of the Portola Park Heights Property Owners.Association and the information about the Association's Elected Property Owners Committee. The District's Board of Directors reviewed your letter at,their November 29 Special Meeting. At that same meeting, the Board approved the creation of a three-member ad hoc committee of the Board to meet with District staff and representatives of the Portola Park Heights Property Owners Association to attempt to resolve liability issues concerning Portola Park Heights Road. Directors Nonette Hanko, Teena Henshaw, and Pete Siemens are the ad hoc committee members; Director Betsy Crowder volunteered to serve as an alternate in case Nonette, Teena, or Pete are not able to attend a meeting. I will contact you within the next two weeks to discuss possible meeting times. While District staff would prefer daytime meetings, I know that may be difficult for you and the other representatives so I'll focus on late afternoon or early evening meeting times. Operations Manager John Escobar and Open Space Planner Mary de Beauvieres will be joining me and the ad hoc committee members in representing the District at our meetings. I look forward to meeting with you and the other Portola Parks Heights Property Owners Association representatives. ' Si rely, L. Craig Britton General Manager cc: MROSD Board of Directors Charlie Touchatt John Craig Candy Stone Linda Huntimer 330 Distel Circle • Los Altos,CA 94022-1.404 . 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 Opei pace - — --•_•_ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 30, 1995 Mr. Andrew Baron Member, California Constitutional Revision Commission 1201 K Street, Suite 1740 Sacramento, CA 95814 Dear Mr. Baron: Thank you for the opportunity to discuss the California Constitutional Revision Commission's recommendations during the November 28 League of Women Voters video conference. It's important for the Commission to hear, first-hand, the concerns and interests of local agencies. I'm sure I speak for everyone who attended in thanking you for your time and attention to our comments. I'd like to reiterate my invitation to you, and to all members of the Commission, to visit the Midpeninsula Regional Open Space District for a tour of some of our open space preserves. Such a visit would help you to fully appreciate the regional nature of the services we provide. As you know, the District acquired and manages 41,000 acres of land in parts of three counties, encompassing 16 cities as well as significant sections of unincorporated area. There are no overlapping or conflicting districts in our jurisdiction; the regional nature of a multi-county district is clearly consistent with the Commission's goals. Again, thank you for your time in listening to our comments. Please call our general manager, Craig Britton, at (415) 691-1200 so that we can schedule a land tour at your convenience. Sincerely, Nonette Hanko Member, Board of Directors NH/mcs cc: Members, California Constitutional Revision Commission Board of Directors, MROSD c\l mcs\aprogr\apubatftmemos\ccrc 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 Opeopace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 4, 1995 Mr. Walt Hayes President, Peninsula Conservation Center Foundation 3921 East Bayshore Road Palo Alto, CA 94303 Dear Mr. Hayes: I'm very happy to provide you with the enclosed Resolution of the Board of Directors of the Midpeninsula Regional Open Space District honoring and commending the Peninsula Conservation Center Foundation(PCCF) on the occasion of its 25th anniversary. The Board passed this Resolution at its meeting of November 29, 1995. The PCCF is a stable and dependable feature of the regional environmental movement, and it's our pleasure to commend it not only on its longevity, but also on the fine work that it's done, and continues to do. The leadership shown by the PCCF is an excellent example of the professionalism and high ideals that give so much to our community's quality of life. Please share this Resolution with the rest of the Board and the staff of the PCCF, so that they know of the District's high regard for their work. Congratulations on the PCCF's 25th anniversary, and the District wishes it many more years of success in fostering an environmental consciousness. Sincerely, Pete Siemens President, Board of Directors PS/mcs cc: Board of Directors, MROSD 330 Distel Circle . Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd®netcom.com 8 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 Claims No. 95-21 Meeting95-3 Date: Dec. 20. 1905 Revised K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8479 250.00 Aaron's Septic Tank Service Sanitation Services 8480 764.05 Ace Fire Equiprnwnt & Service Company Fire Extinguisher Service 8481 319.82 Aome6k Sons Sanitation, Inc. Sanitation Services 8483 1.238.44 Acute Computer Technology Computer Upgrade 8483 13.75 Allen Equipment Company, Inc. Equipment Repair 8484 108'340.00 American Title Insurance Company Shannon Land Purchase 8485 234.48 AT & T Telephone Service 8486 285.11 Beck's Shoes' Inc. Uniform Expense 8487 716.20 Best Sanitation Sanitation Service � 8488 382.39 Big Creek Lumber Lumber 0489 163.00 BiU'oTovving & Recovery Towing Services � 8490 43.85 Diane Blackman Reimbursement--Software � � 8491 25.15 Black Mountain Spring Water Water Service � 8402 7'000.00 Louis Bordi General Engineering Grading Services 8493 788.90 BrienKungou Fou|kConuu|bng Engineers Engineering Services 8484 188.80 Cabe|a'm |nu. Uniform Expense 8485 124.56 California Water Service Company Water Service 8486 285.00 Center Fo/ CLE Seminar Registration--S. Scheotman 8497 336 57 C|ark's Auto Parts/Machine Shop Vehicle Parts � 8498 17.43 Coastal Ford Tractor Tractor Porto � 8499 120.27 Annette Coleman Reimbursement--Shop Supplies 8500 207.19 Communioation & Control Inc. Utilities 8501 125.00 Jim Davis Automotive Vehicle Smog Tests � � � 8502 150.08 Deluxe Business Forms & Supplies Office Forms 8503 1.306.47 Design Concepts Winter Newsletter and Brochures � 8504 71.75 Dynamnod Medical Supplies � 8506 7'850.76 EnohaUah Consulting Service � 8506 1.908.33 FarreUeConnrnunioodonu Vehicle Equipment 8507 24.00 Film To Frornn Film and Developing 8508 267.75 Jean Fiddou Reim buraernant--StoffEvent � � 8509 4.78 Foster Bros. Security Systems, Inc. Keys 8510 53.89 G. |. Trucking Company Delivery Charges 8511 23.56 G & K Services Shop Towel Service 8512 30.85 Garcia Well & Pump Company Pump Parts 8513 182.47 Ga/den|and Power Equipment Equipment Parts 8514 154.22 Goodon Press Incorporated Volunteer Newsletter 8615 391 .85 Goodyear Auto Service Center Tires ~ 8516 1'500.00 Greenbelt Alliance Membership Dues 8517 150-00 Harlan Associates, Inc. Paint Ano|yuio-G,antCabin $518 47.53 °1 Kathleen Hart Reinnburaornent-Off ice Supplies 8518 385.94 Home Depot Field Supplies 8520 48.00 Stan Hooper Reimbursement--CPR Training 8521 66.68 Linda Hyman Reinnburuernant-Field Supplies 8522 58.05 Hystor Sales Company Equipment Parts 8523 1'399.68 Jedm Publications Inc. Trail Brochures 8524 9.70 Keeb|e & ShurhatPhotngrophy Slides 8525 143.28 Kelly-Moore Point Company, Inc. Paint °1 Urgent Check Issued Novembmr28, 1895 Page 1 Chyinm No. 95-21 | K8eotinQQ5'27 ' Date: Dec. 20. 1995 Revised K8|OPEN|NGULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8527 44.00 Landscape Architecture Subscription Renewal 8528 982.58 Lanier Worldwide, Inc. Copier Maintenance Agreement and Black Toner 8529 83.00 Judy Law Vehicle Expense 8530 278.00 Town of Los Gatos Consulting Service 8531 1'388.17 Los Altos Garbage Company DumpaterRenta| 8532 249.50 MorvvinA. Mace Consulting Services � 8533 139.43 Mahn Supply Company Reot000mnSupplies � 8534 498.98 McGrath Mont Corp Skyline UM[ioo Rental 8535 175.73 K4e/roMobi|eComnnunications Radio Repair 8536 207.56 Moore Medical Corporation First Aid Supplies 8537 89.69 K8inton'o Lumber & Supply Field Supplies 8538 214.96 Moffett Supply Company ReotnoonnSupplies � 8539 186.30 Noble Ford Tractor, Inc. Tractor Repairs 8540 109.02 Northern Energy, Inc. Propane Service 8541 744.38 Office Depot Office Supplies 8542 181 .68 Orchard Supply Hardware Field Supplies 8543 350.00 Overhead Door Company ofSanta Clara Valley Shop Door Service and Repairs 8544 925.70 Pacific Bell Telephone Service 8545 30.00 Pearson Automobile Company, Inc. Vehicle Maintenance 8546 238.25 Peninsula Blueprint, Inc. Printing 8547 10.24 Pitney Bowes Inc. Postage Reset Charges � 8548 30.98 Precision Engravers, Inc. Name Tag Engraving 8549 75'384.81 Pringle Tractor Company John Deere 4WD Tractor 8550 1'900.00 R & ROesignmrn Smith House Repairs 8551 29.39 Rancho Hardware and Garden Shop Shop Supplies 8552 34.13 Rayne VVetor Conditioning Water Service 8553 10�00 Rich's Tiro Service Tire Repair 8554 250.00 Tiffany Rosso Sign Inventory Internship 8555 908.80 Roy's Repair Service Vehicle Repairs 8556 711 .20 °2 Royal Manufacturing Replacement Skylight- Renta| Unit 8557 80.81 Russ Enterprises, Inc. Sign Decals 8558 102.36 8afety'K|non Solvent Tank Service 8559 1'378.25 Sondin Humber Jones Consulting Services 8560 3'659.00 Scribner Graphic Press Winter Open Space Newsletter 8561 2.061.32 8mefiotBank 1887 Note Paying Agent Fee 8562 3'575.00 E.R. Sheehan Trail Construction 8583 273.04 Shelton, Inc. Culverts 8564 234.34 Shell Oil Company Fuel 8505 907.81 Signs Of The Times Signs | � 8566 142.05 Skyline County Water District Water Service 8587 502.35 Malcolm Smith Roinnburaernont-'Business Expense and Vehicle Expense 8588 600.00 W.J. Sorich Enterprises Road Association Foe 8589 21 .78 State Board ofEqualization Diesel Fuel Tax 8570 26.32 Stevens Creek Quarry, Inc. Bauerook °2 Urgent Check Issued December 14' 1995 Page 2 C||ainna No. 95-21 MeetingQ5-27 Date: Dec. 2O. 1B95 Revised K8|[JPEN|N8ULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description 8571 137.64 Summit Uniforms _Uniform Expense 8572 373.35 Tap Plastics Signs 8573 308.17 °3 Tap Plastics Sign Supplies 8574 914.54 Teoter 8' Etc. Signs 8575 30.00 Torn|inmunZioko K8onoao|iQ Maser Lo0a| Fe*s 8578 605.00 Thermnm Corporation 0mte| Circle Heating Maintenance 8577 11.40 Unnco| 7G Fuel i 8578 24.84 West Coast Aggregates, Inc. Baamronk | 85�9 2.117.37 VVhee|omnith Inc. Fisher Bicycles for Field � � 8580 64.80 Michael Williams Vehicle Expense 8581 497.84 The Workingman's Emporium Un|h»nnm 8582 899.96 Lanier Worldwide, Inc. Maintenance Agreement--Copier 8683 1.000.00 °4 Judy Law Reirnbursonnent—G rant Cabin Artifacts 8584 16.646.00 Platypus Studio Consulting Service and Exhibits 8585 2.653.00 Santa Clara County Plan Check Fees--Skyline Office 8586 600.08 Valley Title Company Preliminary Title Report 8587 742.19 Petty Cash Field Supplies, Local Business Meetings, | Nature Center Supplies, Film Developing, Office Supplies and Vehicle Expense. Total 264864.64 °3 Urgent Check Issued December 13. 10Q5 °4 Urgent Check Issued U000nnber18. 1995 � � � � � � Page 3 .,� � .. ,, . , _ , . . -. , , ... ., - :., _ r,,:�� �� � . �.�. � �' ..._ �.� .- .. � .� � Claims No. 95-21 � Meeting 05-27 � Dote: Dec. 20. 1985 M|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description | 8479 250.00 Aaron's Septic Tank Service Sanitation Services � 8480 764.05 Ace Hna Equipmnnt & Service Company Fire Extinguisher Service 8481 319.82 Acrno & Sons Sanitation, Inc. Sanitation Services 8482 1'238.44 Acute Computer Technology Computer Upgrade | 8483 13�75 Allen Equipment Company, Inc. Equipment Repair / � 8484 108'340.00 American Title Insurance Company Shannon Land Purchase 8485 224.48 AT & T Telephone Service | 8486 285.11 Beck's Shoes, Inc. Uniform Expense / 8487 716.20 Best Sanitation Sanitation Service 8488 38239 Bin Creek Lumber Lumber 8489 163.00 BiU'oTovving & Recovery Towing Services � 8490 43.05 Diane Blackman Reimbursement--Software 8491 25,15 0euk Mountain Spring Water Water Service 8492 7'000.00 Louis 8nrdi General Engineering Grading Services | 8493 788.90 BrianKongau Fnu|kConnu|dng Engineers Engineering Services � | 8494 188.80 Caba|e's |no. Uniform Expense 8495 124.50 California Water Service Company Water Service 8496 285.00 Center For CLE Seminar Registration--S. Sohentmmn � | 8497 336,57 C|ark's Auto Parts/Machine Shop Vehicle Parts 8498 17.43 Coastal Ford Tractor Tractor Parts 8489 120.27 Annette Coleman Reimbursement--Shop Supplies � � � 8580 30719 Communication & Control Inc. Utilities � 8501 125.00 Jim Davis Automotive Vehicle Smog Tests 8502 150.08 Deluxe Business Forms & Supplies Office Forms � | 8503 1'306.47 Design Concepts Winter Newsletter and Brochures 8504 71 .75 Dynamed Medical Supplies 8505 7'850J8 EnshoUah Consulting Service � 8506 1'906.23 FarnaUoComnnunicadons Vehicle Equipment | 8507 24.00 Fl|rn To Frame Film and Developing 8508 267.76 Joan Hddoa Reimbursement--Staff Event 8509 4.78 Foster Bros. Security Systems, Inc. Keys | 8510 53.88 G. |. Trucking Company Delivery Charges � 8511 23.56 G & K Services Shop Tovvo| Service � 8512 30.85 Garcia Well & Pump Company Pump Parts | 8513 182.47 Gardmn|and Power Equipment Equipment Parts � 8514 154.32 Goodco Pnoao Incorporated Volunteer Newsletter 8515 391.85 Goodyear Auto Service Center Tires 8516 1.500.00 Greenbelt Alliance Membership Dues � | 8517 150.00 Harlan Associates, Inc. Paint Analysis--Grant Cabin 851 8 47.53 °1 Kathleen Hart Reim buraonnent'-Office Supplies 8519 385.94 Home Depot Field Supplies � � 8520 48.00 Stan Hooper Reim bunsonnent--CPR Training 8521 66.68 Linda Hyman Reim burumnnent-Field Supplies 8522 56.05 Hymter Sales Company Equipment Parts 8523 1'389.68 Jede Publications Inc. Trail Brochures � 8524 9.70 Keob|e 0 Shuuhat Photography Slides 8525 143.26 Kelly-Moore Paint Company. Inc. Paint °1 Urgent Check Issued November 28, 1995 Page | � Claims No. 95-21 Meeting85-27 � Date: Dec. 20. 1995 M|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8527 44.08 Landscape Architecture Subscription Ronevvo| 8528 992.58 Lanier Worldwide, Inc. Copier Maintenance Agreement and Black Toner 8529 63.00 Judy Law Vehicle Expense 8530 270.00 Town of Los Gatos Consulting Service | 8531 1'388.17 Los Altos Garbage Company DurnpsterRante| | 8532 248.50 K8ervvn & Mace Consulting Services 8533 139.43 W1arin Supply Company ReatroonnSupplies | 8534 489.96 McGrath Rent Corp Skyline Office Rental 8535 175.73 Metro yWobi|eCommnuniomtiuna Radio Repair 8536 207.58 Moore Medical Corporation First Aid Supplies 8537 99.69 K8inton'o Lumber & Supply Field Supplies 8538 214.96 Moffett Supply Company RaotroomnSupplies 8539 186.30 Noble Ford Tractor, Inc. Tractor Repairs 8540 109.02 Northern Energy' Inc. Propane Service 8541 744.38 Office Depot Office Supplies 8543 181.88 Orchard Supply Hardware Field Supplies 8543 350.00 Overhead Door Company of Santa Clara Valley Shop Door Service and Repairs 8544 925.70 Pacific Bell Telephone Service 8545 30.80 Pearson Automobile Company, Inc. Vehicle Maintenance 8546 238.25 Peninsula Blueprint, Inc. Printing 8547 10.24 Pitney Bowes Inc, Postage Reset Charges 8548 36.98 Precision Engravers, Inc, Name Tag Engraving 8549 75.384.81 Pringle Tractor Company John Deere 4WD Tractor 8650 1'800.00 R & R Designers Smith House Repairs 8551 29.39 Rancho Hardware and Garden Shop Shop Supplies 8552 34.13 Rayne Water Conditioning Water Service 8553 10.00 Rich's Tire Service Tiro Repair 8554 250.00 Tiffany Rosso Sign Inventory Internship 8565 906.80 Rny'a Repair Service Vehicle Repairs � 8556 711 .20 ~2 Royal Manufacturing Replacement Skylight--Rental Unit � 8557 80.81 Russ Enterprises, Inc. Sign Decals 8558 102.36 Safety-K|oon Solvent Tank Service 8559 1'376.25 Sandio Humber Jones Consulting Services 8580 2.658.00 Scribner Graphic Press Winter Open Space Newsletter 8581 2'061.32 SeafiratBank 1987Nnte Paying Agent Fee 8562 3'575.00 E.R. Sheehan Trail Construction 8563 273.04 Shelton, Inc. Culverts 8564 234.34 Shell 0| Company Fuel 8585 907.81 Signs Of The Times Signs 8566 142.05 Skyline County Water District Water Service 8567 502.35 Malcolm Smith Roirnburowmnent-BusinessExpenne and Vehicle Expense 8568 000.08 W.J. Sorich Enterprises Road Association Fee 8569 21 .78 State Board ofEqualization Diesel Fuel Tax 8570 26.32 Stevens Creek Quarry, Inc. 8eoe/ook � °2 Urgent Check Issued December 14' 1895 Page 2 � Claims No. S5'21 � yNeetingQ5-27 Date: Dec. 2O. 1995 K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 8571 137.64 Summit Uniforms Uniform Expense 8572 373.35 Tap Plastics Signs 8573 308.17 °3 Tap Plastics Sign Supplies � 8574 914.54 Taotar & Etc. Signs � 8575 30.00 Tnrn|insonZioko Moroso|i & Maser Logo| Feen � � 8576 GOS�UD Thermo Corporation Ois1e| Circle Heating Maintenance 8577 11 .40 Unnon| 7G Fuel 8578 24.84 West Coast Aggregates, Inc. 8an*ronk 8579 2.117.37 VVhee|amith Inc. Fisher Bicycles for Field 8580 64.80 Michael Williams Vehicle Expense � 8581 497G4 The Workingman's Emporium Uniforms � � Total 24231339 °3 Urgent Check Issued Oeconmber13. 1995 � � � � � � � � � Page ~+ ^ Claims No. 95-21 K8emUngGS-27 Dade: Dec. 20. 1995 Revised M|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8479 250.00 Aaron's Septic Tank Service Sanitation Services 8480 764.05 Ace Fire Equipment Q, Service Company Fire Extinguisher Service 8481 319.82 Acme & Sons Sanitation, Inc. Sanitation Services 8482 1'238.44 Acute Computer Technology Computer Upgrade 8483 13.75 Allen Equipment Company, Inc. Equipment Repair 8484 108'340.00 American Title Insurance Company Shannon Land Purchase 8485 224.48 AT 8/ T Telephone Service 8486 285.11 Beck's Shoes, Inc. Uniform Expense 8487 716.20 Best Sanitation Sanitation Service 8488 382.39 Big Creek Lumber Lumber 8489 163.00 BiU'oTovving & Recovery Towing Services 8480 43.06 Diane Blackman Reimbursement--Software 8481 25.15 Black Mountain Spring Water Water Service 8482 7'000.00 Louis 8ord| General Engineering Grading Services 8483 788.90 Brian Kangao Fou|kCmnuu|dnA Engineers Engineering Services 8494 188.80 Cabe|a'a |no. Uniform Expense 8495 124.56 California Water Service Company Water Service 8486 285.00 Center FnrCLE Seminar Registration--S. Sohectnnan 8497 336.57 C|ark'sAutu Parts/Machine Shop Vehicle Parts 8488 17.43 Coastal Ford Tractor Tractor Parts 8498 120.27 Annette Coleman Reimburse rnent-ShopSupplies 8500 207.18 ConnrnunivadonQ Control Inc. Utilities 8501 125.00 Jim Davis Automotive Vehicle Smog Tests 8502 150.08 Deluxe Business Forms & Supp|iem Office Forms � 8503 1'306.47 Design Concepts Winter Newsletter and Brochures 8504 71.75 Dynmmned Medical Supplies 8505 7'850.76 EnuhmUah Consulting Service 8506 1'306.23 FoneUeCnrnnnunioations Vehicle Equipment ~ 8507 24.00 Film To Frame Film and Developing 8508 207.75 Jean Fiddoo Reimbursement--Staff Event 8509 4.78 Foster Bros. Security Systems, Inc. Keys 8510 53.89 G. | Trucking Company Delivery Charges � � . . . � 8�1 1 �3.56 G & K Services Shop Tnvve( Service. 8512 30.85 Garcia Well Q' Pump Company Pump Ports � 8513 182.47 Gardon|and Power Equipment Equipment Parts � 8514 154.22 Goodom Press Incorporated Volunteer Newsletter 8515 391 .85 Goodyear Auto Service Center Tires � 8616 1'500.00 Greenbelt Alliance Membership Dues � 8517 150.00 Harlan Associates, Inc. Paint Ann|ysis-GrentCabin 8518 47.53 °1 Kathleen Hart Reim bursennant-Office Supplies 8519 385.94 Home Depot Field Supplies 8520 48.00 Stan Hooper Reimbursement--CPR Training 8531 66.88 Linda Hyman Reimbursement--Field Supplies 8522 58.05 Hyoxer Sales Company Equipment Parts 8523 1'399.68 Jeda Publications Inc. Trail Brochures 8524 9.70 Kaab|o & ShuohatPhotography Slides 8525 143.28 Kelly-Moore Paint Company, Inc. Paint °1 Urgent Check Issued Novenmba^ 28, 1995 Page 1 � Claims No. 95-21 Meeting95-27 C)otm: Deo. 20. 1QQ5 � Revised K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Nonnm Description 8527 44.00 Landscape Architecture Subscription Renewal � 8528 892.58 Lanier Worldwide, Inc. Copier Maintenance and Black Toner � 8529 63.00 Judy Law Vehicle Expense � 8530 270.00 Town of Los Gatos Consulting Service 8531 1'369.17 Los Altos Garbage Company DumpnterRenta| � 8532 349.50 MervvinA. Mace Consulting Services 8533 139.43 Marin Supply Company RestroomnSupplies 8534 48S�8O McGrath Rent Corp Skyline Office Rental � 8535 175J3 MerroK8obUoCornnnunicationm Radio Repair 8536 207.58 Moore K0odioa| Corporation First Aid Supplies � 8537 99.69 K8inton'o Lumber OkSupply Field Supplies 8538 214.96 Moffett Supply Company RemtnoomSuppUen � 8539 188.30 Noble Ford Tractor, Inc. Tractor Repairs 8540 109.02 Northern Energy, Inc. Propane Service 8541 744.38 Office Depot Office Supplies 8542 181.68 Orchard Supply Hardware Field Supplies 8543 350.00 Overhead Door Company ofSanta Clara Valley Shop Door Service and Repairs 8544 925.70 Pacific Bell Telephone Service 8545 30.00 Pearson Automobile Company, Inc. Vehicle Maintenance 8546 238.25 Peninsula Blueprint, Inc. Printing � 8547 10.24 Pitney Bowes Inc. Postage Reset Charges 8548 36.98 Precision Engravers, Inc. Name Tag Engraving 8549 75.384.91 Pringle Tractor Company John Deere 4WD Tractor 8550 1'900.00 R Q R Designers Smith House Repairs 8551 28.39 Rancho Hardware and Garden Shop Shop Supplies 8652 34.13 Rayne Water Conditioning Water Service ' 8553 10.00 Rich's Tire Service Tire Repair 8554 250.00 Tiffany Rosso Sign Inventory Internship 8555 906.80 Rny's Repair Service Vehicle Repairs 8556 711.20 °2 Royal Manufacturing Replacement Skylight--Rental Unit 8557 80.81 Russ Enterprises, Inc. Sign Dnoa|o 8558 103-36 Sefety'K|oan Solvent Tank Service 8559 1,376.25 Sandie Humber Jones Consulting Services 8580 2'859.00 Scribner Graphic P,000 Winter Open 8pmoo Newsletter 8561 2,061.32 8eaf(ratBank 1987 Note Paying Agent Fee 8562 3'575.00 E.R. Sheehan Trail Construction 8563 273.04 Shelton, Inc. Culverts 8564 334.34 Shell Oil Company Fuel 8505 907.81 Signs Of The Times Signs 8586 142.05 Skyline County Water District Water Service 8587 502.35 Malcolm Smith Reim burmemnent-'Business Expense and Vehicle Expense 8568 600.00 W.J. Sorioh Enterprises Road Association Fee 8563 31.78 State Board of Equalization Diesel Fuel Tax 8570 26.32 Stevens Creek Quarry, Inc. Beaerock °2 Urgent Check Issued Doomrnbar 14, 1995 Page 2 | , . Claims No' 85-21 Meeting 95-27 — Date: Deo' 20. 1995 Revised 0Y|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8571 137.64 Summit Uniforms Uniform Expense 3572 373.35 Tap Plastics Signs ^573 308.17 °3 Tap Plastics Sign Supplies 6574 814.54 TeatarQ, Etc. Signs 8575 30.00 ToonUnmonZioko Moroao|i 8k K8aoor Le0a| Feas 8576 605.00 Thermna Corporation D|sta| Circle Heating WYnirdanenoa 8577 11 .40 Unocal 76 Fuel 8578 24.84 West Coast Aggregates, Inc. Bmmeronk 8579 2.117.37 VVhne|omnith Inc. Fisher Bicycles for Field 8580 64.80 Michael Williams Vehicle Expense 3581 497.84 The Workingman's Emporium Un|hxnns 8582 899.98 Lanier VVoddwide. Inc. Maintenance Agreement--Copier 3583 1.000.00 °4 Judy Law Reinnbursemment—Grent Cabin Artifacts 8584 16.646.00 Platypus Studio Consulting Service and Exhibits 8585 2.653.00 Santa Clara County Plan Check Fees--Shy|inaOffice 3586 600.00 Valley Title Company Preliminary Title Report 3587 742.19 Petty Cash Field Supp|ieo, Local Business K8wetings, Nature Center Supplies, Film Developing, Office Supplies and Vehicle Expense. Total 264854.54 . °3 Urgent Check Issued Daoernbmr13. 1995 *4 Urgent Check Issued C)ecernber1M. 1995 � Page