HomeMy Public PortalAbout19951220 - Agenda Packet - Board of Directors (BOD) - 95-27 Region,"pen., ace
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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
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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
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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 �
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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
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SIERRA AZUL OPEN SPACE PRESERVE
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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.
�,.
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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
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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