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HomeMy Public PortalAbout19961113 - Agendas Packet - Board of Directors (BOD) - 96-23 Regional Open S,' fe MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-23 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California November 13, 1996 (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- N. Hanko *** APPROVAL OF MINUTES October 23, 1996 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Proposed Acquisition of 80-Acre Young Property for $200,000 as an Addition to Mt. Umunhum Area of-Sierra Azul Open Space Preserve, Tentative Adoption of Preliminary Use and Management Plan Recommendations for the Property, Including Withholding the Property from Dedication as Public Open Space, and Determination that Recommended Actions Categorically Exempt from 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 Young) (7:55) 2. Proposed Gift of 0.32-Acre Open Space Easement Over the Weil/Zuanich Property as an Addition to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve; Tentative Adoption of Preliminary Use and Management Plan Recommendations for the Easement, Including Withholding the Easement from Dedication as Public Open Space, and Determination that Recommended Actions Categorically Exempt from CEQA -- M. Williams Resolution Accepting Gift of an Open Space Easement, Authorizing Officer to Execute Certificate of Acceptance of Gift to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Sierra Azul Open Space Preserve - Weil/Zuanich Property) 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 l 1 rr Meeting 96-23 Page 2 (8:00) 3. Informational Slide Presentation on Phase I Trail Improvements at El Corte de Madera Creek Open Space Preserve -- M. de Beauvieres 4. Seasonal Trail Closures -- J. Escobar 5. Approval to Apply for $500,000 Grant from the Environmental Enhancement and Mitigation Program for the 481-Acre Lobitos Creek Headwaters Acquisition Project -- D. Woods Resolution Approving the Application for Environmental Enhancement and Mitigation Program Funds Under Section 164.56 of the Streets and Highways Code for the Lobitos Creek Headwaters Acquisition Project (8:15) 6. Mid-Year Program Evaluation for 1996-1997 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District -- C. Britton 7. Denial of Claim Against the District Filed by Lawrence Anthony Wargo -- S. Schectman 8. Cancellation of November 27 Regular Meeting and Scheduling of a Wednesday, November 20 Special Meeting -- J. Fiddes 9. Request for Authorization to File Amicus Brief in Action by Driscoll Ranches, LLC, to Quiet Title to Sears Ranch Road and Other Public Roads Near La Honda Creek Open Space Preserve (San Mateo Court Case No. 394055) -- S. Schectman (8:45) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS ME 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 =roved without discussion b one motion, Board members, the General Mang-ger, and members -of the public may request that an item be removed ,from the Consent Calendar during consideration of the Consent Calendar, Regional e S. c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-96-01 MEMORANDUM November 9, 1996 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Mid-Year Financial Review CONTROLLER'S REPORT Attached are unaudited financial statements for the six months ended September 30, 1996. Exhibit A contains the District's September 30 balance sheet compared,to our audited position on March 31. Our cash balance is up $9.3 million due principally to the successful issuance of the 1996 Revenue Bonds and low level of spending on land acquisition. It should be noted that $5.4 million of the $16.4 million cash balance are reserve funds to secure outstanding public notes and, therefore, not available to fund District expenditures. The District purchased only $637,190 of new land in this six month period. These additions are detailed in Exhibit F. Following the issuance of the 1996 Revenue Bonds and the associated pre-payment of the 1988 Notes, Hosking notes and POST note, the District bonded indebtedness is now approximately 90% of our statutory debt ceiling. Exhibit B shows our six month revenues compared to the same period a year ago and to the twelve month budget. Tax revenue during the April-June period was over budget by $12,000 due to higher than expected prior,tax receipts from Santa Clara County. The 1996-1997 assessed valuation report from San Mateo County indicates July-March revenue from that county will be about $50,000 above budget expectation. Initial 1996-1997 receipts from Santa Clara County are also running slightly above budget estimates. It is likely that overall tax revenue will be above the annual budget by at least$100,000. Six month property tax receipts are 7% above 1995 receipts due to valuation increases and timing issues. The overall rate of increase is probably in the 3-4% range. The significant decreases in interest income and rental income are due to recording the imputed interest and rental income from the Hosking transaction in 1995. Interest income will exceed budget due to the slow pace of land acquisition. Exhibits C, D, and E review six month operational and development spending against the twelve month budget (C), versus the time-phased six month budget (D), and compared to the same period last year(E). The District spent 45% of its total twelve month administrative, operations, and development budget during the first six months. This is comparable to the levels at mid- year in the prior four years (42%, 46%, 41%, 45%). By program, six month (non-land purchase) spending versus twelve month budget was Administration 53%, Public Communication 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail: mrosd@netcom.com E) 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 I M-96-01 Page 2 52%, Operations 49%, Planning 37%, and Acquisition/Enterprise 36%. As usual, the category with the most funding left to be spent is Structures and Improvements. Management estimates that about $186,500 of the budgeted expenditures for Structures and Improvements will slip into next year. About 75% of first half Structures and Improvement spending went into the ranger yard project. Six month spending was $972,600(27%)below the time-phased program budgets, a much larger variance than the 11-12% mid-year underruns of the prior two years. The time-phased budgets were unusually front-loaded this year. It is reasonably safe to assume that overall (non-land purchase) spending will be at least $250,000 (4%) under budget. As shown in Exhibit E, administration, operational, and development spending is up 12% from last year's spending rate. Excluding Structures and Improvements, spending is up less than 1%, with salaries and benefits virtually identical to last year. Overall, the financial results of the first six months indicate revenues and expenditures are consistent with the District's long-term financial plans. Prepared by: Bunny Congdon, Accounting Specialist Michael Foster, Controller Contact person: Michael Foster EXHIBIT A ------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Balance Sheets March 31 and September 30, 1996 (Thousands) Sept. 30, 1996 March 31, 1996 (Unaudited) (Audited) ------- ------------ ------------------------ Cash and Equivalents $16,381.8 $7,057.0 Receivables 980.0 3,399.2 Prepaid Expenses 21.3 5.8 Land, at cost 160,419.9 159,759.0 Equipment 1,570.5 1,466.5 Structures and Improvements 6,735.8 6,359.4 TOTAL ASSETS $186,109.3 $178,046.9 Accounts Payable 183.4 173.9 Accrued Liabilities 190.1 246.7 Trust Fund - City of Menlo Park 253.9 223.1 Land Contract Debt 1,573.0 9,002.3 Public Notes Payable 80,470.2 61,585.0 ---------------------- ------------------------ TOTAL LIABILITIES $82,670.6 $71,231.0 ---------------------- ------------------------ TOTAL EQUITY $103,438.7 $106,815.9 ---------------------- ----------------------- EXHIBIT B ------------— MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Revenue Verses Prior Year(Unaudited) (Thousands) Six Months Ended September 30 --------——--——---------------—— 1996 1995 ------------------— —-------------—------- Property Taxes $4,830.1 $4,509.3 Tax Subventions 72.8 75.0 Interest Income 367.6 637.9 Grant Income 174.4 24.0 Rental Income 247.6 396.2 Fines 4.4 2.7 Other 48.6 37.8 ---------------------- ---------—----—------ TOTAL RECEIPTS $5,745.5 $5,682.9 Six Month Revenue Versus Twelve Month Budget —-—---------——---—---——-——---------—--------------- Twelve Month Six Month % Budget Receipts Received -------—---—-—----- ---——---- -----—- ----------------- Property Taxes $10,268.0 $4,830.1 47 Tax Subventions 357.0 72.8 20 Interest Income 520.0 367.6 71 Grant Income 493.0 174.4 35 Enterprise 538.0 247.6 46 Sale of Land 0.0 0.0 0 Other 50.0 53.0 106 -------------------—- -------------—-—---- ----------------- TOTALS $12,226.0 $5,745.5 47 EXHIBIT C --------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Operating Expenses v. Twelve Month Budget April- September, 1996 (Thousands) Twelve Month Six Month % Budget Spending Spent Salaries $2,543.0 $1,193.5 47 Benefits 595.5 273.8 46 Subtotal $3,138.5 $1,467.3 47 Election Expense 50.8 0.0 0 Other Contract Services 272.4 131.8 48 Vehicle Expense 142.7 86.7 61 Contract Site Maintenance Exp. 183.0 85.9 47 Acquisition Expense (Inc.Legal) 65.0 6.2 10 Structures& Improvements 1,136.4 375.6 33 Printing & Duplicating 31.5 14.1 45 Rents& Leases 9.2 4.7 51 Training & Conferences 45.0 18.8 42 Equipment&Vehicles 131.7 104.0 79 Insurance 132.7 124.1 94 Utilities 96.7 43.1 45 Postage 33.1 15.8 48 Site Preparation 38.0 3.2 8 Comm u nications(Pu bl ications&Projects) 109.8 65.8 60 Other Non-Land 109.0 47.1 43 ---------------------- ------------------------ ----------------- TOTAL (NON-LAND) $5,725.5 $2,594.2 45 Debt Service 4,835.8 2,812.0 58 Land Option Fees 20.0 15.0 75 Land Acquired 8,300.0 637.2 8 Building Improvements 5.0 0.7 14 TOTAL $18,886.3 $6,059.1 32 � | EXHIBIT _____ K8|DPEN|N8ULAREG|ONALCJPEN SPACE DISTRICT Six Month Operating Expenseov. Time-Phased Budget April ' September 1996 � (Thousands) Budget Actual Variance ____________ _____________ _________ Ga|ahmm $1.284.5 $1.193.5 81.0 Benefits 209.1 273.8 25.3 Election Expense 4.0 0.0 4.0 Other Contract Services 204.2 131.8 72.4 Vehicle Expense 83.9 88.7 (3.8) Contract Site Maintenance Exp. 152.0 85.9 86.1 Acquisition Expense (|nc.LeQo|) 57.5 6.2 51.3 Structures& Improvements 966.9 376.8 500.3 Printing & Duplicating 17.6 14.1 3.5 Renta & Leases 0.0 4.7 3.3 Training & Conferences 33.0 18.8 14.2 Equipment & Vehicles 133.1 104.0 19.1 Insurance 113.3 124.1 (10.8) Utilities 51.2 43.1 8.1 Postage 167 15.8 0.9 Site Preparation 0.0 3.2 (3.2) � Comm unicahons(Pub|ina1|ons&Projenhs) 72.8 65.8 7.0 � Other Non-Land 81.0 47.1 33.9 _____________ _____________ ----------------- TOTAL (NON-LAND) $3.566.8 $2.594.2 972.6 DEBT SERVICE ----------------------------- Principal Repayment $800.6 $795.7 4.9 |ntonmet 2.558.4 2.016.3 542.1 ____________ _____________ ----------------- Total Principal & Interest $3.359.0 $2.812.0 547.0 � � ���� EXHIBIT E MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Operating Expenses 'FY 1996-97 v. FY 1995-96 (Thousands) Six Months Ended September 30 --- ------------------------1996 1995 % Increase -------------------- ------------------------ ----------------- Salaries $1,193.5 $1,189.1 0 Benefits 273.8 273.7 0 Election Expense 0 0.9 -100 Other Contract Services 131.8 112.3 17 Vehicle Expense 86.7 81.5 6 Contract Site Maintenance Exp. 85.9 94.1 -9 Acquisition Expense (Inc.Legal) 6.2 33.8 -82 Structures& Improvements 375.6 112.9 233 Printing & Duplicating 14.1 13.6 4 Rents& Leases 4.7 5.7 -18 Training & Conferences 18.8 17.4 8 Equipment &Vehicles 104 85 22 Insurance 124.1 126.4 -2 Utilities 43.1 41.8 3 Postage 15.8 16.2 -2 Site Preparation 3.2 17.6 -82 Communications(Publications&Projects) 65.8 45.7 44 Other Non-Land 47.1 46.7 1 ------------------ --------------------- ----------------- TOTAL (NON-LAND) $2,594.2 $2,314.4 12 Debt Service 2,812.0 2,681.0 5 Land Option Fees 15.0 15.0 0 Land Acquired 637.2 14,040.3 -95 Building Improvements 0.7 3.9 -82 ----------------- $6,059.1 $19,054.6 -68 TOTAL EXHIBIT F MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Land Acquired April 1 to September 30, 1996 SELLER DATE PRESERVE CASH PRICE - -------------------- ----------------- Bach 04/24/96 Skyline Ridge $275,000.00 Wells 05/29/96 Sierra Azul 50,000.00 Cutten 06/25/96 Sierra Azul 50,000.00 Liles 06/19/96 Sierra Azul 255,000.00 Pezzoli 05/22/96 Sierra Azul 7,190.00 Total Land $637,190.00 -Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL AND REGULAR MEETING Meeting 96-21 BOARD OF DIRECTORS October 23, 1996 MINUTES I. ROLL CALL President Nonette Hanko called the meeting to order at 6:34 p.m. Members Present: David Smernoff, Mary Davey, Betsy Crowder, Peter Siemens, Nonette Hanko, and Wim de Wit. Teens Henshaw arrived at 6:40 p.m. Members Absent: None. Staff Present: Craig Britton, Sue Schectman, Jean Fiddes, Randy Anderson, and Mike Williams. II. CLOSED SESSION N. Hanko stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 6:35 p.m. and the Closed Session commenced at 6:37 p.m. The Board adjourned the Special Meeting at 7:25 p.m. and N. Hanko called the Regular ar u Meeting to order at 7:32 .m. g g P Additional Personnel Present: Malcolm Smith, Annette Coleman, Mary de Beauvieres, Jodi Isaacs, David Sanguinetti, Judy Law, John Johnigan, Michael Bankosh, and Kristi Alfieri. III. ORAL COMMUNICATIONS - None. IV ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. V. SPECIAL ORDER OF THE DAY A. Coleman introduced John Johnigan who has been hired as full-time Farm Maintenance Worker at Deer Hollow Farm and Michael Bankosh the new Open Space Technician at the Foothills Area. M. Smith introduced Kristi Altieri, the new Public Affairs Assistant. Board members welcomed the new employees. I I 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 * FAX:415-691-0485 . E-mail:mros(i@netcom.com e Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit Genera!Manager:L.Craig Britton Meeting 96-21 Page 2 VI. ADOPTION OF CONSENT CALENDAR B. Crowder asked that written communications be removed from the Consent Calendar. Motion: D. Smernoff moved that the Board approve the Consent Calendar including the minutes of October 9, 1996 Special and Regular Meeting; and Revised Claims 96-18. B. Crowder seconded the motion. The motion passed 7 to 0. VII. WRITTEN COMMUNICATIONS B. Crowder commended staff on the reply to Mr. Jobst Brandt which summarized the action taken about the gate on Portola Park Heights Road. In regard to the map included with the letter to Mr. Severo M. Ornstein, she said it did not include the former McDonald property addition. B. Crowder also noted that the letter mentions bicycle use and the District does not allow bicycles on La Honda Creek at this time. N. Hanko said she will work with staff regarding the map and content of the letter. N. Hanko mentioned that there were letters related to agenda items I and 2 which should be considered when these items were discussed. Motion: B. Crowder moved that the Board approve the responses to written communications from Mr. Severo M. Ornstein, Poon Hill, 2200 Bear Gulch Road, Woodside, as amended; Mr. Harry Haeussler, Jr., 1094 Highland Circle, Los Altos; Mr. Dan S. Bloomberg and Ms. Irene Beardsley, 1013 Paradise Way, Palo Alto; Mr. Jobst Brandt, 351 Middlefield Road, Palo Alto; Mr. Walter H. Droste, 12475 Skyline Blvd. P. Siemens seconded the motion. The motion passed 7 to 0. VIII. BOARD BUSINESS A. Agenda Item No. 1 - Authorization to Apprai se and Initiate Negotiations to Purchase 288-Acre Russian Orthodox Church Convent of Our lady of Vladimir RrQpgM on Highway 35 in San M= Count l - fflg= R-96-108) R. Anderson showed slides of the site of the proposed convent and pointed out the location on a map. He cited staff's concerns which include visibility, traffic safety, septic percolation and water use, wildlife habitat, regional trail alignments, the commercial and agricultural enterprise, and scale of the development. C. Britton stated that staff had contacted the Catholic Archdiocese of San Francisco, the prior owners of the property, regarding District interest in seeing the property remain open space and they said it would remain open space in memory of the person who had given it to them. He said the District did not think the property was threatened until staff was contacted by the group who purchased it. Staff was shown their plans for the convent and indicated that the order of nuns is monastic and would not appreciate public intrusion. At that time, C. Britton said District staff could go on the land at any time, but have since been informed that they are no longer allowed there. Meeting 96-21 Page 3 R. Anderson pointed out on the plan where the proposed bakery would be located. C. Britton explained the density credits that would apply to the scenic corridor and coastal zone and said the rate is about $100,000 per development. He said the property could be developed more densely than adjacent land. He said staff has written a letter to San Mateo County asking them to consider dedication of a public trail and conservation easements during the hearing process for the proposed project. He also told them the District would be interested in talking about the possibility of acquisition of the property. Jessica Agramonte read a petition which contained 229 signatures of people opposed to the proposed project, 133 of which are from people who live between the property and Skylonda. She said that these signatures had been collected in only ten days. C. Britton told the Board that there were 14 additional written communications regarding this item that had been received since the packet mailing. The following Woodside residents spoke in opposition to the convent's proposal and urged that the District preserve the land as open space: j Lee Pitt, 12510 Skyline Boulevard Betty-Anne Stenmark, 12970 Skyline Boulevard Robert Pelzar, 12960 Skyline Boulevard Dave Perrone, 316 Ridge Road Jeanne Bell, 12130 Skyline Boulevard In addition, several people in the audience indicated by a show of hands that they supported acquisition of the property by the District. B. Crowder said she had visited the Bells and viewed the project site. Mrs. Bell indicated that other Board members were welcome to come to her home to view the site. Motion: N. Hanko moved that the Board authorize the General Manager to retain an appraiser to prepare an appraisal of the subject property and authorize staff to initiate negotiations to purchase the property. B. Crowder seconded the motion. The motion passed 7 to 0. C. Britton clarified for those present that the Board's action is to obtain an appraiser and attempt to negotiate to purchase the property and is just a first step. He said the Board has made no decision to acquire the property. Board Members P. Siemens and N. Hanko stated that the District has a published policy limiting the Board relative to use of eminent domain and worked wit h the Kings Mountain Association to develop the policy. C. Britton said copies of the policy are available from the Bells or staff will send it upon request. Meeting 96-21 Page 4 N. Hanko called a recess at 8:27 p.m. and the meeting reconvened. B. Agenda Item No. 2 - Recommendations on Additional On-Leash Dog Access and Monitoring of Dog Use at Windy Hill Open Space Preserve Including QRg-,ni Lng Hamm's Gulch Trail and a Portion of Lost Trail to Dogs on Leash for a One-Year Trial Per iod and Determination that Proposed Actions are Categorically Exempt from CEOA - M=rt R-96-10 B. Crowder presented the committee's report. R. Anderson showed a map indicating the location of the preserves allowing dogs on leash. B. Crowder highlighted issues considered in evaluating dog access on the trails. She explained that her dissenting vote on the committee was because of (a) the narrow access on the Hamm's Gulch Trail, and (2) dogs use trails where they are not allowed and are often without a leash on the trails where they are allowed. W. de Wit and D. Smernoff explained the majority vote of the Committee. D. Smernoff said he hoped to see increased compliance from trail users and increased activity from PADS to help elevate that compliance. He said his primary concern was protecting wildlife and natural resources and the trial period will need to include assessment measures to determine if there is an impact on wildlife. D. Sanguinetti said staffs main concerns were the difficulty for them to patrol and monitor Hamm's Gulch for compliance, protection of wildlife, and the unknown impact factor regarding the new parking lot at Windy Hill. Staff prefers to wait until after the parking lot opens and see how the uses increase and/or change. He said Spring Ridge Trail is more easily controlled and is a more appropriate area to open for dogs. In regard to off leash areas, he said it would be difficult to put borders around an area and there would be an impact on wildlife. Discussion followed regarding permitting dogs on the portion of Eagle Trail owned by the District and the potential date for completion of the parking lot. The following individuals spoke in favor of increased dog access at Windy Hill Open Space Preserve: John Carnes, 1755 La Honda Road, #95, Woodside, representing Peninsula Access for Dogs (PADS); Wayne Behrens, 1 IC-01 Star Route Box 90A, Skylonda; Chris Carter, 237 Canyon Drive, Portola Valley; Roger Lanser, 225 Portola Road, Portola Valley; Kathleen Hart, Menlo Park; Gail Laroch; Lissa Menge, 193 Portola Road; and Dan Bernstein, Redwood City. The following individuals spoke against increasing dog access at Windy Hill Open Space Preserve: Linda Elkind, 14 Hawk View, Portola Valley; Richard Anderson, 2 Sandstone, Portola Valley; and Dorothea Nell, 2 Valley Oak, Portola Valley; Harry Haeussler, 1094 Highland Circle, Los Altos, said he rides his horse at Windy Hill. He asked where Eagle Trail is on District property and said he was neutral on the issue of dogs on District property. Meeting 96-21 Page 5 N. Hanko stated she would like to wait until after opening of the Windy Hill parking lot to increase'dog access at the preserve. T. Henshaw said she felt the District had a strong obligation to different user groups who have worked with the District and are attempting to educate other users. She said she is supportive of opening these and other trails to dogs. P. Siemens said he would like the volunteers to tabulate more evidence of impacts and compliance before the District opens additional areas. M. Davey commended PADS for helping the District educate users and is confident they will continue to help. Motion: M. Davey moved that the Board determine that the proposed actions are categorically exempt under the California Environmental Quality Act (CEQA) based on the findings contained in the report; tentatively amend the Use and Management Plan for Windy Hill Open Space Preserve to open the Hamm's Gulch Trail and the portion of Lost Trail connected to Skyline parking to dogs on leash for a trial period of one year; confirm that the District-managed portion of Eagle is open to dogs on leash in order to be consistent with the portion of Eagle trail managed by the Town of Portola Valley; actively encourage compliance with District ordinances by installing clear signage and by having the Volunteer Coordinator work with dog owner groups, such as Peninsula Access for Dogs (PADS), to facilitate the presence of volunteers on the preserves to educate dog owners to keep their dogs leashed, and only on dog-permitted trails; direct staff to take measures to assess the impact of dog use on the trails; and direct the Use and Management Committee to reassess dog access on these trails after approximately one year. D. Smernoff seconded the motion. P. Siemens offered an amendment to Recommendation No. 3 to state that the use on the District portion of Eagle Trail would be consistent with that of the portion in Portola Valley. Following discussion, he withdrew the amendment. H. Hanko proposed that Recommendation No. 6 be amended to read, "Direct the Use and Management Committee to reassess dog access on these trails in January, 1998 and report to the Board thereafter." The amendment was withdrawn following discussion. The original motion passed 4 to 3 with Board Members Crowder, Siemens and Hanko voting no. N. Hanko called a recess at 9:50 p.m. C. Agenda Item No. 3 -_E=gsal to Charge Use and Management Committee to Study the Wilderness Experience Trail Use Policy and Propose Methods for Implementation to the Board - (ROM R-96-1 IQ) Meeting 96-21 Page 6 N. Hanko presented her report and Directors Crowder, Davey, and Henshaw expressed approval for the proposal. Berry Stevens, representing ROMP, said they are not against the proposal in concept but need to know what impact it would it have on access to trails. He said he is amenable as long as there is no negative impact on current uses. Harry Haeussler said the trails are much busier on Saturdays than during the week. Motion: M. Davey moved that the Board charge the Use and Management Committee with the study of the policy regarding wilderness experience and return to the Board with methods for implementation; and direct staff to include this charge in their 1997 work program, Action Plan, and budget. D. Smernoff seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4 - approval of Settlement Agreement between the District and Diane Holmes and Authorization for General Manager to Execute Agreement- (E= R-96-113) S. Schectman presented the staff report and said that the cash settlement agreement will resolve the dispute over patrol access to property owned by Mrs. Diane Holmes which is adjacent to the El Sereno Open Space Preserve. She pointed out the area on a map. She said the settlement provides access for patrol maintenance, repair, and emergencies only, not a public trail. Motion: M. Davey moved that the Board approve the settlement agreement between the District and Diane Holmes in the matter of Midpeninsula Regional Open Space District vs. Holmes, Case No CV-755057; and authorize the General Manger to execute the settlement agreement in behalf of the District and that minor revisions may be approved by District Legal Counsel and the General Manager. D. Smernoff seconded the motion. Discussion: S. Schectman said the easement will be recorded. Staff pointed out the location of Ms. Holmes house on the map. Diane Holmes, 19340 Overlook Road, Los Gatos, discussed her concerns regarding her involvement with the District on this matter. S. Schectman said there are strong feelings on both parts but staff feels this is a reasonable compromise, noting staff spent a lot of time looking at alternative routes which were not practical as they were expensive and physically difficult to accomplish. D. Holmes invited Board members to visit her property to see what they are asking her to give up. Bill Sorenson, said he also lived at 19340 Overlook Road, Los Gatos, Meeting 96-21 Page 7 and pointed out what he felt were alternate routes on a map and questioned why they had not been used. Ms. Holmes asked what would happen if she did not agree to the settlement. S. Schectman said Ms. Holmes should consult her attorney. The motion passed 7 to 0. E. Agenda Item No. 5 - Authorization to Hire Plant Ecologist Consultant Tamara Kan for a District-Wide Invasive Exotic Plant Inventory for $15,000 and Determination that Project is Categorically Exempt from CEOA - (Report R-96-109) J. Isaacs highlighted the staff report and said Ms. Kan's qualifications are known based on the previous work she had done for the District. Motion: M. Davey moved that the Board determine the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in the report and authorize staff to hire Tamara Kan, a plant ecologist consultant, for a District- wide invasive exotic plant inventory, with a budget of$1.5,000. D. Smernoff seconded the motion. Discussion: N. Hanko expressed concern regarding control of baccharis at Monte Bello Open Space Preserve. She was informed that this will not be specifically addressed in the inventory and will need to be addressed in grassland resource management studies. The motion passed 7 to 0. F Agenda Item No. 6 - Authorization for General Manager to Contract with Platypus Studio for $54,132 to Fabricate and Install Phase I and II Exhibits at David C. Daniels Nature Center at Skyline Ridges nen Space Preserve - (Report R-96-112) M. de Beauvieres presented the staff report. B. Crowder said she thought the contract amount was too high despite gifts and donations. She said the District is an open space agency and other groups should be doing the development of the nature center and environmental education. T. Henshaw said she saw environmental education as one of he District's commitments and that the process of educating the public is crucial. N. Hanko agreed and said it was always intended that the public be educated on what the District is doing because the future depends on their understanding of what open space protection of wildlife is. M. de Beauvieres informed the Board that when this current project is complete only Phase III will remain. She talked about how the various moneys, including donations, are committed. She said staff is not sure they want to complete some of the items listed under Phase III construction. She clarified that Platypus will be designing but not building the deck. It will be a separate contract with a local contractor. Meeting 96-21 Page 8 M. de Beauvieres said the displays around the pond should be included in the Phase III list. W. de Wit said the District is uniquely situated to provide education and is well- organized to do so. D. Smernoff requested that staff pursue the possibility of using recycled lumber for the deck and T. Henshaw requested that staff adjust the cleaning schedule to accommodate field trips at more convenient times for schools. Motion: T. Henshaw moved that the Board authorize the General Manager to contract with Platypus Studio for $54,132.00 to fabricate and install Phase I and II exhibits for the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve. W. de Wit seconded the motion. The motion passed 7 to 0. G. Agenda Item No. 7 - Award of Bid for Homestead House Renovation at Picchetti Ranch and Authorization for General Manager to Enter into Contract for the Work - (R� R-96-111 and 11A� J. Law presented the revised staff report and explained the reasons staff was recommending the Board allow the K-4 Construction bid to be withdrawn. Motion: T. Henshaw moved that the Board permit K-4 Construction of Santa Cruz to withdraw its bid of$28,000 for restoration of the Homestead House at Picchetti Ranch, determine that it is in the District's best interest to accept the second lowest responsible bid of$42,070 from Kal Construction of Santa Clara for restoration of the Homestead House at Picchetti Ranch, and authorize the General Manger to enter into a contract with Kal Construction for performance of the work. D. Smernoff seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS B. Crowder reported on Anna Eshoo's recent event attended by several Board members. She suggested that the District monitor the general plan hearings being conducted in East Palo Alto. She said she, C. Britton, and M. de Beauvieres had met with Portola Valley staff regarding the Windy Hill parking lot. N. Hanko said she had received a call from Professor Frank Schiavo of San Jose State who had requested information regarding volunteer intern jobs for his students. J. Fiddes said staff will contact him. D. Smernoff said he had accompanied staff on October 12 when they were roughing in a portion of the Leaf Trail at El Corte de Madera, adding November 7 and 16 are the next scheduled work sessions on the trail. i T. Henshaw said Ranger Phil Hearin attended Harvest Day at Duveneck School and she will provide pictures she took of him in rock climbing gear to M. Smith. i Meeting 96-21 Page 9 P. Siemens said he was impressed with the trail work that has been done at St. Joseph's Hill Open Space Preserve. He said after visiting Purissima Creek Redwoods Open Space Preserve he was glad the Board is looking at trail policies because of apparent violations by bicyclists. C. Britton reported on the following: 1. Memo from Resource Management Specialist Jodi Isaacs on the coyote blood sampling. 2. Controller's reply to audit management letter. 3. Notice from state regarding an award to the District of a $73,000 grant for El Corte de Madera. 4. Attendance by himself and M. Williams at the Land Trust Rally in Vermont. 5. Slide presentation by staff at the November 13 meeting on trail construction progress at El Corte de Madera Creek Open Space Preserve. S. Schectman said staff has executed an agreement with the Paulins regarding the Weeks Road project; they have received a check and have agreed on the weight of trucks. She also reported that another claim for a bicycle accident had been received, and it will be on the November 13 consent calendar for the Board's denial. She informed the Board of the process in regard to denying claims. M. de Beauvieres said November 2 is a volunteer event on the Leaf Trail extension at El Corte de Madera Creek Open Space Preserve and on November 16 they will be working on drainage features on the trails to be followed by a ribbon cutting ceremony at 3:30 p.m. N. Hanko said she had received a call from Diane Feinstein's office informing her that the Senator does not support grants unless they are on the Federal level. IX. ADJOURNMENT The meeting was adjourned at 11:00 p.m. Roberta Wolfe Recording Secretary Claims No. 96-18 Meeting 96-21 Date: Oct.23, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1021 219.82 Acme &Sons Sanitation, Inc. Sanitation Services 1022 19.25 Acorn Naturalists Resource Documents 1023 700.00 *1 ADT Security Systems, Inc. Skyline Ranger Office Security System 1024 300.00 Randy Anderson Reimbursement--Architect's License 1025 55.00 Andy Lund Gabion Rock Hauling 1026 15.64 Armament Systems and Procedures, Inc. Law Enforcement Equipment 1027 122.63 A T & T Telephone Service 1028 607.71 Bay Area Bobcat Tractor Bucket 1029 992.00 Beautiful Cars Truck Body Repairs 1030 99.39 Breon, O'Donnell, Miller, Brown & Dannis Legal Services 1031 803.00 Carleen Bruins Reimbursement--National Interpreters Workshop Conference 1032 152.91 California Water Service Company Water Service 1033 110.00 Camino Medical Group Medical Services 1034 79.00 CareerTrack Training--M. King 1035 89.95 Annette Coleman Reimbursement-Field Supplies 1036 51.12 Clark's Auto Parts/Machine Shop Vehicle Parts and Equipment 1037 3,180.61 Alice Cummings Grant Preparation Consultant 1038 2,012.76 Design Concepts Graphic Design--Brochures 1039 54.75 FedEx Federal Express Mail 1040 130.00 Fidelity National Title Insurance Company Reconveyance Fees 1041 58.02 Film To Frame Film 1042 2,650.00 First Interstate Bank Note Paying Agent Fee 1043 5,544.06 First Trust National Association Note Paying Agent Fees 1044 92.99 Forestry Suppliers Equipment Parts 1045 32.33 Foster Bros. Security Systems, Inc. Keys 1046 24.30 G & K Services Shop Towel Service 1047 137.76 Gardenland Power Equipment Equipment Parts and Repairs 1048 351.27 Garden Supply Restoration Topsoil--Picchetti 1049 275.00 Garrod Farms Fence Materials 1050 213.29 Goodco Press Office Forms 1051 9.47 Granite Rock Company Service Charge 1052 4,000.00 Grant Thornton Financial Auditors 1053 23.68 G T E Mobilnet Cellular Telephone Service 1054 61.49 The Home Depot Field Supplies 1055 83.98 The Ed Jones Company Badge Engraving 1056 157.58 Kinko's Copy Service 1057 584.62 Dennis Kobza & Associates, Inc. Architectural Services-Skyline Office 1058 186.04 Los Altos Garbage Company Dumpster Rental 1059 32.22 Lexington Quarry Gabion Rock--Picchetti 1060 225.00 Town of Los Gatos Construction Management Services-- Skyline Ranger Office 1061 72-54 Lucent Technologies Telephone Maintenance Service 1062 375.00 Marilyn Manning Ph. D. Consulting Service--Team Building *1 Urgent Check Issued October 17, 1996 Page 1 Claims No. 96-18 Meeting 96-21 Date: Oct. 23, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1063 258.38 MetroMobilCommunications Radio Repairs 1064 520.00 Michigan State University Seminar--D. Dolan and L. Crook 1065 392.10 Milstone Geotechnical Geotechnical Consulting Services-- Skyline Ranger Office 1066 99.24 Moffett Supply Company Janitorial Supplies 1067 68.95 Monogram Sanitation Restroom Repair Part 1068 25.00 National Speedy Auto Glass Vehicle Replacement Mirror 1069 428.31 The Office Depot Office Supplies 1070 726.50 Orchard Supply Hardware Field Supplies 1071 1,062.74 Pacific Bell Telephone Service 1072 361.60 *2 Pacific Gas & Electric Electrical Panel Upgrade--Skyline Office 1073 152.43 Page & Turnbull Restoration Services--Picchetti 1074 700.00 Town of Portola Valley Retainer For Town Planner--Windy Hill Parking Site Development 1075 1,771.18 R & R Designers Enterprise Rental Repairs 1076 34.13 Rayne Water Conditioning Water Service 1077 100.42 Reed & Graham Inc. Road Repair Materials 1078 2,097.20 Roy's Repair Service Vehicle Maintenance and Repair 1079 903.94 Russ Enterprises Signs 1080 113.98 David Sanguinetti Reimbursement--Field Supplies 1081 395.59 San Jose Mercury News Advertisement--Project Bids 1082 30.07 Sears EMO Tools 1083 44.00 Sequoia Analytical Water Quality Testing 1084 738.05 John Shelton, Inc. Culverts 1085 489.90 Smith Equipment Equipment Parts 1086 441.61 Cheryl Solomon Reimbursement--Office Equipment 1087 16.38 State of CA, Board of Equalization Diesel Fuel Tax 1088 45.00 Kirk Stoddard Docent Training 1089 33.40 Summit Uniforms Uniform Expense 1090 350.17 Teater & Etc. Brochures and Maps 1091 22.97 TRW-Redi Property Data Micro Fiche Box 1092 302.02 Two R.M.'s Sales & Service Small Tools 1093 33.50 Unocal Fuel 1094 52.50 U.S. Rentals Rental Equipment Insurance 1095 88.50 M. Douglas Vu Vehicle Expense 1096 114.37 The Workingman's Emporium Uniform Expense 1097 785.50 Zumwalt Engineering Group Engineering Consulting Services- Weeks Road Project 1098R 1,250.00 *3 Dana Property Analysis Property Analysis Report 1099R 4,320.00 E.R. Sheehan Trail Construction Services 110OR 380.58 Petty Cash Office Supplies, Field Supplies, Local Business Meetings, Docent Supplies and Vehicle Expense *2 Urgent Check Issued October 17, 1996 •3 Urgent Check Issued October 23. 1996 Total 44,736.39 Page 2 RE' ACTION PROPOSED BY STAFF Boa .esidtat Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond September 17, 1996 Draft Response Attached Staff to be Directed to Prepare Draft Respoose for Board Consideration per Board of Directors Board Directive(*) MROSDNo Response Necessary 330 Distel Circle Los Altos, CA 94022 Dear Board of Directors, Please accept this letter as an official complaint regarding mountain bikers at the MROSD site of Russian Ridge. I am an avid hiker and the hiking area of The Russian Ridge on Skyline and Alpine Roads is my favorite. I have been noticing the increased numbers of mountain bikers on this trail over the past years but an incident happened to me this past weekend that really caught my attention. Two white, male bikers went by me well over the 15 MPH limit and in fact, one of them actually nudged me a bit. I was not only infuriated by this but saddened. I felt like letting them know this was totally inappropriate and yet, it was clear that they were not honoring of my presence and I felt un-safe, personally, to speak with them. I approached a Ranger after I returned from my hike and he suggested that I follow up with you because you consider which trails can provide enough room for both hikers and bikers. I often hike "The Ridge"trail with my partner and it is very clear; we cannot walk that trail comfortably, side by side. I feel therefore, that this trail and"The Hawk"trail, which is similar, cannot support both hikers and bikers. Often,there is not even room for me to move to one side to let a biker pass on some parts of these trail. It is becoming increasingly uncomfortable and unsafe. I encourage you, therefore, to please change this increasingly dangerous situation by banning bikes from these particular trails. I would appreciate hearing back from you at your earliest convenience and to know of any meeting(s) in the future where this issue is being discussed. With Appreciation, can A. Rhea Jean A. Rhea 600 Rainbow Drive #152, Mountain View, CA 94041 (415) 967-6568 -Regional Open S1 -e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Ms. Jean A. Rhea 600 Rainbow Drive #152 Mountain View, CA 94041 Dear Ms. Rhea: Thank you for your September an . 17, 1996 letter regarding mountain bicycle use at Russian Ridge Open Space Preserve. At our Regular Meeting last night, the District's Board of Directors considered your comments. We are sorry to hear about your experience with mountain bicyclists during your hikes at Russian Ridge. We are concerned about the safety of all preserve visitors and are trying to reduce conflicts on District trails. Our rangers are issuing citations to bicyclists caught speeding or violating other preserve regulations. Volunteers and staff are distributing trail etiquette brochures, rangers are patrolling on bicycles, and we have an active volunteer trail patrol program. As trail users become better informed, we hope to see a reduction in trail conflicts. We would appreciate your patience and support as the District works toward making multiple-use trails successful. However, if we find that successful multiple-use trails are not possible, we will consider changing our trail use guidelines. Next year, the Use and Management Committee of the Board of Directors will be reconsidering the District's Trail Use Policy as it relates to the visitor's wilderness experience. The committee will also consider methods to enhance visitor's experiences on the preserves. These will be public meetings. We will notify you once we have a schedule of the meetings and hope that you will participate. Sincerely, Nonette Hanko, President Board of Directors cc: Board of Directors 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 * E-mail:mrosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Renshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L Craig Britton RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Stall Atknovledge/Respond Draft Response Attached Harr H. Haeussler, Jr. Y Sta PP to be Directed to Prepare Draft 1094 Highland Circle Respons Dlrece Par Board Consideration per Board tive Los Altos, CA 94024 (s)Na Response Necessary October 24, 1996 Board of Directors, MROSD 330 Distel Circle Los Altos, CA 94022 At your board meeting last night, October 23, I leaned that the parking lot for Windy Hill OSP will not be completed until 1997. According to my latest information about the trails realignment and construction for Windy Hill, this trail work is scheduled for completion in 1997. Will the trails realignment and construction scheduled for Windy Hill for 1997 be completed in 1997? Ilent Harry H. Haeussler, Jr. RE5FU.v,E A'�TLQN eKJFU1ED DY STAFF board President Acknovledge/Respond Director Atknovlsd So/Res pond '........... Scaff Acknowledge/Respond DraLt Response Attached Harry H. Haseussler, Jr. St:ff to Da Ditatc.d co Pzapara Draft 1094 Highland Circle Rupon a toe board Coasidaratioa per Los Altos, CA 94024 Dosed Dir.ctiv.cs) Do Response Retassary October 31 , 1996 Board of Directors, MROSD 330 Distel Circle Los Altos, CA 94022 I have received your reply to my letter of October 1 , 1996, regarding Windy Hill Open Space parking lot on Portola Road. In my letter I asked specific questions regarding the undergrounding of power and telephone lines contracts. Not one of these questions was answered in your reply letter. My last three questions were regarding expedition on the undergrouning, contracts for the parking lot, and if the parking lot will be completed this year. it will not be completed this year as publicly noted in your schedules. One would assume that if the parking lot were to be completed this year, that all negotiations would have been completed well in time for construction to begin. From your letter this has not been accomplished with neighbors. And from comments by your board president at your last meeting, October 23, there are unresolved problems with the Town of Portola Valley . All this leads me to feel that there is indifference toward the parking lot completion on the part of MRRSD, or that MORSD is not up to the task of completing the parking lot as scheduled, or is incompetent. I dislike writing this letter, for I believe in your goals. However, your commitments to access for the public, in my opinion, are found wanting. In my letter of October 1, I asked three questions regarding a contract for the undergrounding of the power and telephone lines. I would like a reply to those specific questions Harry . Haeussler, Jr. RESPONSE ACTION PROPOSED BY STAPP Board President Acknowledge/Respond Director Acknowledge/Respond =� Scat[ Acknowledge/Ru pond Draft Response Attached Staff to be Directed to Prepare Draft Response for board Consideration per October 31 , 1996 Board DireetiveW Ro Response Necessary Board of Directors, MROSD 330 Distel Circle Los Altos, CA 94022 At your workshop meeting last evening, only one person came through the amplifier when using the microphone. This was Randy when he was holding the mike directly in front of his mouth. Linfortunately, most board members do not get the mikes, or their mouths, close enough together for the mikes to pick up the voices, or in some cases the mikes are not working. I would like to suggest that you do away with the present board use mikes, and obtain some "body mikes" similar to those used by TV newscasters, mikes that clip on the clothing at the chest. Further, the public was not well heard last evening. And apparently the rules you use during regular board meetings were not in effect - the requirement that the public use the podium and the mike provided. And the customary giving of name was not required. If it is desired not to require use of the podium, then a portable mike should be provided, as those in the rear can not hear the front row speakers who face the board and speak. As you record the meetings, and the public do not give their names, how can you transcribe the recordings accurate minutes? I realize last evening was a workshop, which you might desire to keep informal. However, identity and understanding no, hearing, what is said is of importance to everyone present. "Understanding" what is said I will not dwell on. I urge you to do something about the board and staff microphones and their use. ! 1 HarrH. Haeussler, Jr. 1094 Highland Circle Los Altos, CA 94024 Regional Open S1 e .........1=..........................'441,,,Oill DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATION Mr Harry Haeussler, Jr. 1094 Highland Circle Los Altos, CA 94024 Dear Harry: The District's Board of Directors reviewed your October 24 and 31 letters concerning Windy Hill Open Space Preserve and your October 31 regarding amplification problems at the October 30 workshop at our Regular Meeting last night. I Construction of a parking area to serve the Windy Hill Open Space Preserve is a project that both the Board and staff are very committed to completing as soon as possible. However, due to unforeseen circumstances beyond anyone's control, staff and Director Crowder are continuing to work with the Town of Portola Valley to move the project toward completion as quickly as possibly. Specifically, staff has been working with the Town of Portola Valley on redesigning the entry way for the parking lot and will be applying for a construction permit during the winter months. Assuming that the permit will be approved, parking lot construction has been tentatively rescheduled for mid-1997. Staff is currently determining the trail construction priorities for all District lands. Without this information, it is premature to determine if the Windy Hill trails will be constructed next year. However, since the trails at Windy Hill Open Space Preserve are grant funded, they must be constructed prior to the grant deadline of June 30, 1998. With respect to your October 1 letter and the utility undergrounding at Windy Hill Open Space Preserve, the District entered into contract with Pacific Gas and Electric Company (P.G. and E.) for the portion of the work adjacent to the preserve. The Town of Portola Valley had a similar contract with P. G. and E. for the portion of the project that extended beyond the preserve boundary to Westridge Road. A completion date was not specified in the agreement for the work. The agreement was a standard form used by P. G. and E. and was signed on April 11, 1996. Work began on April 22, 1996. All underground work on the electrical portion of the project was completed by early June, 1996. There was no penalty clause in the contract and the project was completed on time. The overhead lines which still exist in the Portola Road right-of-way belong to Pacific Bell. The underground conduit for the telephone lines was installed with the P. G. and E. undergrounding project earlier this year. The existing overhead lines will be undergrounded and the poles removed in conjunction with a nearby Pacific Bell project. The Pacific Bell overhead lines should be removed by mid-January, 1997. 330 Distel Circle . Los Altos,CA 94022-1404 Phone:415-691-1200 * FAX:415-691-0485 * E-mail:mrosd@netcom.com e Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit (;moral Alimipet:I.Crmg Brillon Page 2 This project and the entire Windy Hill Open Space Preserve appear to be of special interest to you given the number of letters you have submitted to the Board in recent months. Please feel free to contact Mary de Beauvieres, the Open Space Planner responsible for these projects, to discuss in greater detail the status of any projects affecting Windy Hill. Thank you for your comments regarding amplification problems at the October 31 workshop. I will ask all Board and staff to be more diligent in using their microphones and we will continue to evaluate the District's amplification system in the Board room. In answer to your question regarding the workshop's minutes, the District Clerk will prepare sense minutes, rather than a detailed transcription, for the meeting reflecting the Board's consensus changes and follow-up requested for the Mission Statement and the Basic Policies. Sincerely, Nanette Hanko, President Board of Directors cc: Board of Directors i RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Responsible Organized Mountain Pedalers Director Acknowledge/Respond P.O.Box 1723 Staff Acknowledge/Respond Campbell,CA 95009-1723 _ Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration par Board Directs—(s) Midpeninsula Open Space District No Response Necessary Board of Directors 330 Distel Circle Los Altos, Ca 94022 Dear Board of Directors, ROMP has a great respect for the district. Over the past years we have had many opportunities to work together and ROMP has observed that the district's decision making process is both objective and fair. Just as important, the District listens. Mountain Biking is still a relatively new sport and many land managers have not worked so hard to dig beneath the layers of bias and misunderstanding in order to uncover the facts. Facts that are necessary to make impartial decisions when it comes to this sport. One key to getting beyond the prejudices and misconceptions regarding mountain biking and mountain bicyclists, has been the citizens task force. The task force was particularly effective in developing the Use and Management Plan for ECdM. ROMP understands that ECdM is unique. Other preserves have their own particular issues, history and user involvement. ROMP would like to suggest that a citizens task force be formed to participate in the development of Use and Management plans for all the preserves in the district. In this way all users will have a chance to understand the issues and provide input. This will reduce the possibility of enacting a Use and Management plan that surprises your constituency. The Use and Management Plan for Purisima Redwoods Open Space Preserve is now being formed. ROMP would like to suggest that a citizens committee be formed to help create the Use and Management Plan and to volunteer to represent the Mountain Cyclists in the area. We understand that there are multiple points of view for dealing with this and other preserves. All major stakeholders in the preserve should be represented. Please consider this request carefully and let us know when you reach a decision. Thank you for you consideration, Bob Kam ROMP President Regional Open St --e .................... DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Bob Kain President Responsible Organized Mountain Pedalers P. O. Box 1723 Campbell, CA 95009-1723 Dear Bob: The District's Board of Directors reviewed your recent letter suggesting that a citizens task force be formed to particpate in the development of Use and Management Plans for all preserves in the District at our Regular Meeting last night. We recognize that the citizens' task force formed to assist in the development of the Use and Management Plan for El Corte de Madera Open Space Preserve was particularly effective and positive. ROMP and its members are to be thanked for their interest and participation on this particular task force, and for their continuing trail building volunteer efforts at El Corte de Madera. As you note in your letter, each District preserve is unique. The approach and level of planning in the development of Use and Management Plans for each of these preserve needs to be tailored to each specific presrve. Public participation is critical in the process and a specific task force is one form of public participation that the District may want to pursue in many cases. Your suggestion will be referred to stiff and the Board's Use and Management Committee for review, consideration, and a recommendation to the full Board. With respect to the Use and Management Plan for Purisima Creek Redwoods Open Space Preserve, staff is still working on the public participation element in the plan's formation. A citizens task force is one of the forms of participation being considered. If a task force is formed, staff will contact you to determine who should represent ROMP. Thank you again for ROMP's continuing interest in all of the District's activities and for the leadership role that you are taking in behalf of mountain bicyclists. Sincerely, Nonette Hanko, President Board of Directors cc: Board of Directors 330 Distel Circle . Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485 E-mail:mrosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Fienshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit Genera/Manager:L.Craig Britton Regional Open S. ce ---------------------- R-96-119 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-23 November 13, 1996 AGENDA ITEM Proposed Addition of Young Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve GENERAL LAGER'S RECOMMENDATION 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Young property. 3. 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. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached map) The property being considered for acquisition is located. along Loma Prieta Road on the prominent ridge between Mt. Umunhum and Mt. Loma Prieta. The property lies within the Bay Area Ridge Trail corridor and offers excellent views of Mt. Umunhum and Los Gatos Creek watershed. Portions of the Mt. Umunhum Area of Sierra Azul Open Space Preserve adjoin the property to the east, west, and south; private property lies to the north and south. This is an important acquisition because it includes a segment of Loma Prieta Road, is in the Ridge Trail corridor, and it will help complete the southern portion of the preserve. The 80-acre rectangular-shaped property (Assessor's Parcel Number 562-20-005) is characterized by steep slopes and dense vegetation, consisting primarily of chaparral. The property drapes over a ridge with steep slopes dropping to the east into Barrett Creek Canyon. A graded road bisects the property on the top of the ridge, which eventually connects to the Twin Creeks area near Almaden Reservoir. The improvements on the property include a driveway, graded site, trailer, outbuilding, and graded road. Loma Prieta Road passes through the southern portion of the property and is the alignment for the Bay Area Ridge Trail. 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 Fianko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-96-119 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and is zoned HS (Hillside), requiring a 20 to 160 acre minimum lot size dependent of the average steepness of the property. Santa Clara County's Trails Master Plan identifies the road passing through this property as a segment of the Bay Area Ridge Trail that will connect Lexington Reservoir Recreation Area to Mt. Madonna County Park. The property is rated in the District's Open Space Master Plan as having low to moderate composite open space values. However, the property is important in terms of potential outdoor recreation, contiguous wildlife habitat, and scenic backdrop for the rest of Sierra Azul. The property will be leased back to the seller of the property on a month to month basis for approximately six months. The lease area comprises approximately five acres south of Loma Prieta Road, including an existing trader. Upon termination of the lease, the District will be removing any remaining structures and restoring the site. Loma Prieta Road passes through private property to the east and west of the property, and as such, public access is not encouraged at this time. Preliminary Use and Management Recommendations Public Access: Designated Conservation Management Unit; public use will not be encouraged until use limitations can be sufficiently overcome. 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 Sierra Azul Open Space Preserve. Roads: Maintain Loma Prieta Road to meet vehicular patrol standards. Signs: Install private property signs and preserve boundary signs where appropriate. PublicSafety Review: Staff will inspect the property. R-96-119 Page 3 CEQA COMPLIANCE Project Descr iption The project consists of the acquisition of a 80-acre parcel of land as an addition to Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. Ultimately, the property will be included in comprehensive use and management plans for the adjacent preserve areas. The land will be permanently preserved as open space. The property will be maintained in a natural condition and opened to the public for low-intensity recreation. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 of CEQA Guidelines 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 transfer 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 actions may have a significant effect on the environment. TERMS AND CONDITIONS In accordance with the District's standard form of Purchase Agreement, the cash purchase price for this 80-acre single parcel site would be $200,000.00 ($2,500/acre). This price has been determined to be fair and reasonable based upon real estate market activity in the area. Prepared by: J. McCullough, Open Space Planner L. Craig Britton, General Manager Contact Person: L. Craig Britton, General Manager MIDPENINSULA REGIONAL OPEN SPACE DISTRICT y,@ �--�`✓ 51�J7 _ r I - _ f- �✓-�'" i`. �11"� " - y \' lt== -.�. l tU 1�'_ '•,,.,` ROADSIDE a � PULLOUT SA07 SA14 r�r)y �--_- ';� oar �` may. �,'- _ } 1}I rn�=• 1 - S`���� �SA09_ �' i� ''"' � — SA11\ — � �^'l � i! , �\� �:,t• �� �--. �\ �; ,��`�,\t `v�- :�j,• oc � t'1 �t lit' JI \:SA13' DISTRICT SPHERE T SIERRA AZUL �OF INFLUENCE < o ! OPEN SPACE PRESERVE ; I �` ''SA16 Cl'� �,�� •,; DISTRICTS; 'BOUNDARY" . .�� _ ?d86 j 111 l� .,�J�J \ �'�` � ���• � l � tl� 1 PROPOSED BAY AREA RIDGE TRAIL ALIGNMENT PROPOSED ACQUISITION ` LOMA PRIETA ROAD EXHIBIT 1 : PROPOSED ADDITION TO THE MT. UMUNHUM AREA OF SIERRA AZUL O.S.P. NOV. 96 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 YOUNG) 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 Stan N. Young 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 $10,000 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$200,000.00 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula, Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. - PURCHASE AGREEMENT This Agreement is made and entered into by and between Stan N . Young, 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, Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Joe Beatty Real Estate on May 14, 1996, thereby offering said real property for sale to the general public; 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 an 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 eighty (80) acres, more or less, and commonly referred to as Santa Clara County Assessors Parcel Number 562-20-005 . Said property being further described in the Legal Description attached to Preliminary Title Report Number 513523 dated July 9,, 1996 from Commonwealth Land Title Insurance Company. A copy of said Purchase Agreement - Young Page 2 Preliminary Report is attached hereto as Exhibit "A" and incorporated herein by this reference . Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. Said real property and appurtenances shall hereinafter be called the "Subject Property" or the "Property" . 2 . Purchase Price , The total purchase price ("Purchase Price") for the Property shall be Two Hundred Thousand and No/100 Dollars ($200, 000 . 00) , which shall be paid in cash at the "Closing" as defined in Section 3 (a) hereof . 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 15 herein, an escrow shall be opened at Commonwealth Land Title Insurance Company, 5353 Almaden Expressway, Suite 62, San Jose, CA 95118, phone number (408) 269- 5300, 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 November 22, 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 escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or Purchase Agreement - Young Page 3 before the Closing : (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District ' s check payable to Escrow Holder in the amount of Two Hundred Thousand and No/100 Dollars ($200, 000 -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 Commonwealth Land 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 $200, 000 - 00 for the Property showing title to the Property vested in District, subject only to: (i) current real property taxes; and (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 the 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 any 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 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 . -Of 4 . Right ::115 j;!f_ the Pdrti s in til'la, Eye it Terminat-L=- 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 Purchase Agreement - Young Page 4 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 at zje-q- 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 War_rLnJt-12,9 . 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 AareemeLdta, This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any 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 Purchase Agreement - Young Page 5 against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7 . Condition of Premises . District has inspected the Property and at the Closing and/or possession of the Property by District, whichever occurs later, assumes all responsibility for maintenance of all structures and improvements (including the mobile home) , heaters, sewer system, plumbing and electrical systems and any and all built-in appliances and equipment . Furthermore, District does hereby hold Seller free of all responsibility for any such repair and maintenance and accepts the structures on the Property as of the date of Closing and/or possession in their then existing condition and state of repair. Since the Property includes trails, roads, an appurtenant water system and the like, Seller agrees to leave the entire premises in good order and repair and disclose all defects to District upon transfer of title . 8 . Integrity of Property— Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller ' s execution hereof and the Closing and/or possession of the Property by District whichever occurs later, cause or allow any physical changes on the Property, except as may be necessary to clean the site in accordance with Section 13 herein. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 9 . Grace Period andHoldover Tenancy. In the event Seller does not, or is not able to, vacate the Subject Property on or before close of escrow, District agrees to rent the property and all improvements thereon immediately thereafter to Seller at the rate of Five Hundred and No/100 Dollars ($500 . 00) per month for up to six months, utilizing the District ' s standard form of Residential Rental Agreement, attached hereto as Exhibit "B" and incorporated herein and made a part hereof by this reference . 10 . 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. Purchase Agreement - Young Page 6 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 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, treatment, di scharge, e treat , manufacture handling, generation, storage, , g , g burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; Purchase Agreement - Young Page 7 (vii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste . (c) 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. 11 . 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 . 12 . Relocation - Knowing Waiver. As stated in the recitals hereinabove, Seller has listed the Property for sale on the open market and as such, Seller acknowledges that he understands the Purchase Agreement - Young Page 8 relocation benefits and/or payments that may be available to him, including, but not limited to: relocation advisory assistance, rental differential payments, purchase differential payments, interest differential payments, reasonable moving expenses, self- move expenses, loss of tangible personal property, search expenses, in-lieu payment of business and/or farm relocation assistance; all pursuant to California Government Code Title 1, Division 7, Chapter 17 (Section 7260 et sea. ) ; and further, Seller acknowledges receiving the booklet entitled "Residential Relocation Assistance Program" from District, and Seller having read and understood said booklet, does hereby knowingly waive any and all of such relocation assistance and/or benefits that may be available to Seller (or those claiming through Seller) . 13 . Removal of Personal Property and Debris . it is understood and agreed that located on the Property being acquired by District are many items of personal property of Seller which are not being acquired by District . It is agreed that Seller shall remove any and all of these items from the Property on or before six (6) months following the Closing, or upon termination of Sellers tenancy as provided in Section 9 hereinabove, whichever occurs later, and leave the Property in a neat and clean condition . It is further agreed that from the amount payable under Section 2 of this agreement, District is authorized to withhold the sum of One Thousand Dollars ($1, 000 . 00) , as a rental security deposit (see Exhibit "B" Section 6 of the Residential Lease Agreement) and to cover District ' s costs of removing said items in the event Seller fails to perform or to leave the premises in a clean and respectable condition . District shall release said $1, 000 .00 to Seller at any time Seller vacates the Premises and completes the clean-up and removal to District 's satisfaction, which satisfaction shall be expressed in writing. If Seller does not complete such clean-up and removal, District shall give Seller notice of any deficiency (to be corrected within ten (10) days) . If Seller does not complete the removals and clean-up within the said ten (10) days, District shall have the same completed and deduct such expenses from the $1, 000 .00 so withheld. The remaining balance, if any, shall be released by District to Seller upon written notice from District . Seller will be responsible for the cleanup of all personal property and debris at the end of the holdover tenancy period, and District will have no responsibility for same . 14 . Miscellaneous Provisions . 14 . 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 . Purchase Agreement - Young Page 9 14 . 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 . 14 . 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 . 14 . 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. 14 . 05 Notices . Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto) , each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified 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 : Purchase Agreement - Young Page 10 Seller : Stan N . Young 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 Ord) 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 . 14 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 14 . 07 Counteroarts . 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 . 14 . 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in Purchase Agreement - Young Page 11 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 . 14 . 09 Entire Acrreement . 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. 14 . 10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element . 14 . 11 Survival af 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 . 14 . 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. 14 . 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 . 14 . 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. 14 . 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. Purchase Agreement - Young Page 12 14 . 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. 14 . 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 . 15 . Acceptance . Provided that this Agreement is executed by Seller and delivered to District on or before September 30, 1996, District shall have until midnight November 13, 1996 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey all of Seller's right, title and interest in and to 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. Purchase Agreement - Young Page 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT St . Young APPROVED AS TO FORM: Date: ksik� Sue Schectman, District Counsel FOR APPROVAL: L. Craig Britton, General Manager APPROVED AND ACCEPTED : President, Board of Directors ATTEST: District Clerk �I Date: I I I Commonwealth Land Title Company 5353 Almaden Exp., Ste. 62 San Jose, CA 95118 (408) 269-5300 Issuing Policies Of Commonwealth, Land Title Insurance Company Joe Beatty Real Estate 7172 Anjou Creek Circle San Jose, CA 95120 Attn: Gary Beck Our No: 513523 Buyer: Your No: Property Address: Escrow Officer: Laura Higgins PRELLMINARY REPORT Dated as of July 9, 1996 at 7:30 A.M. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all Hens, defects, and encumbrances affecdn tide to the land. EXHIBIT Page f CLTA preliminary Report Form (Rev. 1-1-95) -1-0 513523 Page 2 SCHEDULE A The form of policy of title insurance contemplated by this report is: CLTA and/or ALTA The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Stan N. Young The land referred to in this Report is situated in the County of Santa Clara, State of California, and is described as follows: Situated in an unincorporated area: North 1/2 of the Southwest 1/4 of Section 27, Township 9 South, Range 1 East, M.D.B. & M. EXHIBIT CLTA Preliminary Report Form (Rev. 1-1-95) Page f 513523 Page 3 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. General and special taxes, including any assessments collected with taxes, to be levied for the fiscal year 1996-1997, which are a lien not yet payable. B. General and special taxes for the fiscal year 1995-1996 have been paid, including personal property taxes, if any. Total Taxes: $354.44 First Installment: $177.22 paid Second Installment: $177.22 paid Homeowners' Exemption: $7,000.00 Code: 72-007 Parcel: 562-20-005 C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California. 1. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Pacific Telephone and Telegraph Company, a corporation Purpose: communication facilities with the right of ingress and egress Recorded: May 19, 1959 in Book 4421, Page 278, Official Records Affects: ten (10) feet on each side of the centerline of the existing private road as now located and maintained upon said real property. And recorded: April 11, 1960 in Book 4758, Page 745, Official Records 2. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Madeline M. Payne, a widow Purpose: ingress and egress and for the installation and maintenance of utility lines over, along and under the existing fire break Recorded: July 29, 1963 in Book 6123, Page 455, Official Records EXHIBIT -4--m i CLTA Preliminary Report Form (Rev. 1-1-95) Page 0f 513523 Page 4 Affects: as follows: Located in the North 1/2 of the Southwest 1/4 of Section 27, and the South 1/2 of the Northwest 1/4 of Section 27 in Township 9 South, Range 1 East, M.D.B. & M. Said right of way over said fire break extends from the Southerly line of the North 1/2 of the Northwest 1/4 of said Section 27 to the existing road (known as Loma Ridge Road), located in said North 1/2 of the Southwest 1/4 of Section 27. Said easement shall be 50.00 feet in width. Said easement is granted as appurtenant to and for the benefit of Lots 9, 10, 15 and 16, in Section 22, and the North 1/2 of the Northeast 1/4 and North 1/2 of the Northwest 1/4 of Section 27, all in Township 9 South, Range 1 East. 3. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Pacific Telephone and Telegraph Company Purpose: communication facilities and the right of ingress thereto and egress therefrom Recorded: September 15, 1970 in Book 9053, Page 732, Official Records Affects: as follows: The NE 1/4 of the SW 1/4 in Section 27 in T9S, RlE, M.D.M. Said facilities shall be placed within that certain fire break approximately 15 feet wide, as said fire break is now established, which extends across said real property in a general Northerly direction from a private road, as now established to the Northerly boundary line of said real property. 4. A deed of trust to secure an indebtedness in the amount shown below: Amount: $65,000.00 Dated: November 26, 1984 Trustor: Beatty Land Investment Company, a Nevada corporation; Arvind K. Roy and Madhu A. Roy, his wife; Amarat K. Patel and Maduben C. Kuverji, his wife; Vallabh V. Patel and Kumudben V. Patel, his wife; and Naranji V. Patel and Shantaben N. Patel his wife Trustee: Continental Land Title Company, a corporation Beneficiary: The Nature Conservancy, a nonprofit corporation of the District of Columbia, as to a 1/2 interest; and Joan Lisa Grant and James Douglas Grant, wife and husband, as community property, as to a 1/2 interest Address: none shown Loan No.: none shown Recorded: December 14, 1984 in Book J 111, Page 297, Instrument No. 8278186, Official Records 5. Covenants and restrictions imposed by a Land Conservation Contract executed pursuant to Section 51200 et seq., California Government Code EXHIBIT CLTA preliminary Report Form (Rev. 1-1-95) Page V of 513523 Page 5 Dated: February 26, 1986 Recorded: February 26, 1986 in Book J 613, Page 1922, Official Records Affects: said land 6. The fact that the public records do not disclose that the ownership of said land includes rights of access to or from any public street. 7. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 8. This report is incomplete as to the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. This Company will require statement(s) of information from the following named party, Vestee, in order to complete this report. Note No. 1: The only conveyances affecting said land recorded within the time period hereinafter set forth ending at the date of this report are as follows: Time Period: two years (and/or acquisition instrument) Grantor: Beatty Land Investment Company, a Nevada corporation; Arvind K. Roy and Madhu A. Roy, husband and wife; Amarat K. Patel and Madhuben C. Kuverji, husband and wife; Vallabli V. Patel and Kumudben V. Patel, husband and wife; and Naranji V. Patel & Shantaben N. Patel, husband and wife Grantee: Stan N. Young, an unmarried man Recorded: May 10, 1985 in Book J 341, Page 1629, Official Records Note No. 2: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTES OF 1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE THE LAWS REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY UPON DEPOSIT. CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAY BE AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT. EXHIBIT Now CLTA Preliminary Report Form(Rev. 1-1-95) Page ko yf— -7- 513523 Page 6 ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED. OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR AVAILABILITY OF DEPOSITED CHECKS. (ARB # 562-20-005) LID Prior to 1991 SB/erg EXHIB T az CLTA Pmlinih Report Form (Rev. 1-1-95) Page if OFFICE OF COUNTY ASSe SSOR SARTA CLARA COUNTY, CAUFoRmA IME: 27:1 cal'I'mLy IIr mat 2111 . 21 L Wreor 9 O.S. 535/S/ T.9 S.,R 1 E. R. ' ` rs• ..s tsa�..a V o (ftAQ 1(e0.A;) 2'L 10 AG. (I OAC. 1 J' ,O.SOAC. I / (1td AC.) I ! :.OAC) zOAc. I: 12 s c t S�\, .o SC l ena� O i1` 134.53A%) �y Q a ISCALE 771,34 AC. TOTAL I i , s7.se,c.l '� - I �(78.01AC.) L4 I I K`� (I60 AC.) 1 C) !��19..sAC.(. �21,SIACJ(iaffaC) (:L)i, TOTAL 2 J I9 �1A:) MIDPENINSULA REGIONAL OPEN I SPACE DISTRICT � I z 3 a ru,_ .LGt{�I zf:.c1 -it�uc kac1 'ra`f /0 N __ •sI n• z Z4 rto A[.TOTAL H•e = I -v m C. . a : This ma is X - c ,•Y �' t� �venience as a t0 = 11 _� location n the guide to the general R.o.S. 6.35/zs subject r W accuracy of this ma Property. The -i IZ nor is it a part of an Is not guaranteed, p or guarantee to which it May report - aI attached, may be COMMONWEALTH LAND TITLE INSURANCE COMPANY RESIDENTIAL LEASE AGREEMENT THIS AGREEMENT is made and entered into this day of , 1996, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "District") , and Stan N. Young, (hereinafter called "Tenant") . RECITALS A. District is the owner of that certain real property consisting of 80 acres, more or less, located in the Loma Prieta area, County of Santa Clara, State of California, as more particularly outlined in red on Exhibit "A" attached hereto and incorporated herein by this reference (the "Premises") . B. District desires to lease a portion of said property, as contained on Exhibit "A" to Tenant, and Tenant wishes to hire the Premises from District, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows : 1 . Lease of Premises . District hereby leases the Premises to Tenant, and Tenant hereby hires the Premises from District, for the term, at the rental, and upon the other covenants and conditions set forth herein . 2 . Term. The term of this agreement shall commence on November 22, 1996 and shall continue thereafter on a month-to- month basis until (a) thirty (30) days after delivery of written notice by Tenant of a desire to terminate this Agreement, or (b) for a period not to exceed six (6) months, or (c) termination pursuant to the provisions of this Agreement hereinafter set forth. 3 . Bed • Tenant shall pay to District each month as rent for the Premises the sum of Five Hundred Dollars ($500 . 00) , beginning November 22, 1996 . Said rent shall be payable in advance on the twenty second day of each month during the term of this Agreement to District at 330 Distel Circle, Los Altos, CA 94022, or at such other address as District may from time to time designate in writing to Tenant . Subject to Paragraph 5 below, rent shall be payable only by personal check, cashier' s check, money order, or in cash. EXHIBIT AS Page 4-of Lease Agreement - Young Page 2 4 . Late Payments . Tenant and District acknowledge and agree that in the event that Tenant fails to pay rent on or before the fifth (5th) day after the date due, District will incur damages among other things to increased accounting costs and collection costs, the amount of which would be impractical and extremely difficult to fix . Tenant therefore agrees to pay five percent (5%) of each such late rental payment as liquidated damages, which amount represents a reasonable approximation of the damages which are likely to result from such late payment . Such liquidated damages shall be deemed additional rent and shall be due together with rent for the delinquent period. 5 . Dishonored Checks . In the event a personal check given by Tenant to District for payment of rent shall be dishonored due to insufficient funds, District agrees to make one attempt to redeposit the first (and only the first) of such dishonored checks . In the event such check shall again be dishonored, or in the event any additional rent checks shall be dishonored, Tenant shall, after written notice from District so requesting, make all future rent payments to District by cashier' s check, money order, or cash only, and if any such future payment is made in cash, shall deliver the same in person to District 's business office at the address set forth in Paragraph 3, as the same may be changed by District from time to time . 6 . Security Deposit . Tenant shall, upon execution of this Agreement, deposit with District the sum of One Thousand Dollars (the "Deposit") as security for the full performance and observance by Tenant of each and all of the provisions of this Agreement to be performed and observed by Tenant (said $1, 000 security deposit is the same $1, 000 being withheld by District under that certain Purchase Agreement between Tenant as Seller and District as Buyer dated November 13, 1996; Section 13 . District shall be entitled to use the Deposit or any portion thereof to remedy any default in payment of rent by Tenant, to clean the Premises upon termination of this Agreement, and to repair any damage to the Premises resulting from Tenant 's occupancy of the Premises . District shall return to Tenant within two weeks after the latter of termination of this Agreement or Tenant ' s vacation of the Premises, the entire amount of the Deposit, without interest thereon, less only such sums as District is entitled to apply against unpaid rent, cleaning the Premises, and/or repairing any damage thereto . District shall not be required to keep the Deposit separate from its general funds . Tenant may not apply the Deposit to rent due under this Agreement without District ' s prior consent . EXHIBIT Page 0 1of Lease Agreement - Young Page 3 7 . Possessory Interest Tax . Tenant acknowledges that Tenant ' s interest in the Premises under this Agreement may now or hereafter be subject to a possessory interest tax imposed by the County in which the Premises are situated or by other lawful governmental authority. Tenant shall pay any possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against rent payable under this Agreement . 8 . Use . Tenant understands that it is District 's intention to preserve the open space character of the land upon which the Premises are located, and Tenant agrees to use the Premises in a manner which is consistent with such intent . Subject to the foregoing sentence, the Premises may be used as a personal residence for the following named individuals only : Stan N. Young and for no other purpose without District ' s prior consent . Occupancy by guests staying more than fourteen (14) days without the prior written consent of District shall be considered a breach of the provisions regarding assignment and subletting set forth in Paragraph 17 below. Tenant shall be entitled to keep as pets and not for commercial purposes the following animals : two (2) dogs and one (1) cat . Tenant shall not do or permit anything to be done in or about the Premises nor bring nor keep anything therein which will in any way cause a cancellation of any insurance policy covering the Premises or any part thereof, or any of its contents . Tenant shall not commit or allow to be committed any nuisance or waste in or upon the Premis es, and shall not permit trash or garbage of any kind to accumulate on or about the Premises . Tenant specifically agrees not to cause or permit any cutting of live trees, grading of soil, or hunting of animals in the immediate vicinity of the Premises . Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, code, rule, or regulation of lawful governmental authority, including but not limited to District 's "Regulations for Use of Midpeninsula Regional Open Space Lands, " and any amendments thereto, which may now be in force or which may hereafter be promulgated, and Tenant shall at all times during the term of this Agreement comply with each of the same . Said regulations are attached hereto as Exhibit "B" . 9. Utilities . Tenant shall pay directly to the charging authority on or before the date when due all charges for any and all services and utilities supplied to the Premises, including but not limited to water, gas, electricity, garbage removal and telephone service . District shall not be liable for any failure or interruption of said services or utilities unless caused by the willful misconduct of District . EXHIBIT JO ?a-0 a of JV9 Lease Agreement - Young Page 4 10 . Maintenance and Repair . Tenant accepts the premises in, its "as is" condition . Tenant shall, at Tenant ' s expense, repair and maintain the Premises and every part thereof in good, safe, and sanitary condition, order, and repair. Except as specified in this Paragraph 10, District shall have no obligation to repair or maintain the premises . (a) By entering into and accepting this agreement, Tenant acknowledges and accepts that all structures and improvements on the Premises in their present condition have been occupied by Tenant as the owner of said premises . The District makes no representations or warranties as to the habitability or condition of the structures and/or improvements on the premises . Tenant will be responsible for all repairs and maintenance of the Premises in compliance with all applicable building codes, zoning codes and other applicable laws . Tenant will be responsible for obtaining any necessary government approvals to perform such work. (b) Tenant, at its own expense and in a timely manner, shall keep and perform all routine maintenance and repair on all buildings, perimeter fences, roads, springs, drains, culverts, fixtures, and any other things on or about the Premises and without any alterations or additions except as shall be first approved in writing by District . Tenant hereby waives all rights to make repairs at District ' s expense under the provisions of Section 1942 of the Civil Code of the State of California . (c) In addition to its routine maintenance responsibilities, Tenant shall be responsible for identifying Long Term Maintenance items, and notifying District of such. ("Long Term Maintenance", as used herein, shall mean any item of protection, preservation, maintenance, and repair of the Premises or any part thereof, including the mobile home, outbuilding and any and all appurtenant facilities, the recurrence of which is not anticipated within the twelve (12) month period following its completion) . District may agree to perform such items of Long Term maintenance or participate in the expense of such items, in whole or in part, at its discretion . Any items of Long Term Maintenance not deemed necessary by District or essential to District ' s ownership interest may be performed by Tenant, at its own expense, with advance written approval of District . (d) Subject to the provisions below, Tenant shall, at Tenant 's expense, maintain the Premises and every part thereof, in good, safe, and sanitary condition, order, and repair . Tenant shall at all times during the term of this Agreement maintain as a fire break an area at least thirty (30) feet in width, surrounding EXHIBIT V- -,�, - -C ,pa S)e �- I Ot ,'C* Lease Agreement - Young Page 5 the perimeter of the structures comprising the Premises which shall be free of all low-lying brush, dry weeds, and similar flammable materials . Tenant shall maintain said thirty (30) foot fire break in compliance with such reasonable standards and instructions as District shall notify Tenant of in writing from time to time . Except as set forth in Paragraph 10 (c) , District shall have no duty whatsoever to maintain or repair all or any portion of the Premises, or the personal property, or any personal belongings or leasehold improvements of Tenant . 11 . Independent Contractors . In any agreement entered into between Tenant and any outside contractor (s) to perform work as required under this Agreement, the following language shall be incorporated: "Contractor shall act as an independent professional and not as an agent of District . Contractor shall maintain complete control of its employee (s) and subcontractor (s) , and nothing contained in this agreement or any subcontractor agreement shall create a contractual relationship between contractor or any subcontractor and District . Contractor shall perform all work in accordance with its own methods, subject to compliance with this agreement and applicable laws and regulations, and written supplemental instructions from District" . Any agreements entered into by Tenant with contractors to perform work in accordance with this Agreement must receive prior approval by District . 12 . Insurance . Tenant, at Tenant ' s sole expense, shall obtain and keep in force during the term of this Agreement a general liability insurance policy with an insurance company satisfactory to District, protecting District and Tenant against any and all liability arising from Tenant 's use of the Premises, or from any occurrence, in, on, about, or related to the Premises, with a single combined property damage and personal injury limit of $300, 000 . All such public liability insurance shall insure performance by Tenant of the indemnification obligations of Tenant set forth in Paragraph 15 hereof, and the policy shall contain a cross-liability endorsement . Tenant agrees to furnish a certificate of such insurance to District naming District as an additional insured on or prior to the date of commencement of the lease term, and again upon any renewal or modification of such insurance .. No such policy of insurance shall be cancellable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to District . The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder . Lease Agreement - Young Page 6 13 . Alterations . Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the Premises or any part thereof, without the prior written consent of District . All such alterations, additions, and improvements shall become and remain the property of District immediately upon installation or construction thereof on the Premises unless Tenant and District shall otherwise agree in writing. 14 . Liens Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant . 15 . Waiver of Claims . District shall not be liable to Tenant, and Tenant hereby waives any claims against District for any damage to property or injury or death to any person in, on, or about the Premises by or from any cause whatsoever. 16 . -Indemnification . Tenant hereby holds District harmless from and shall defend District from and against any and all claims of liability for damage to property or injury or death to any person when such damage, injury or death shall be caused in part or in whole by the use of the Premises by Tenant or Tenant 's invitees or contractors, or from the failure of Tenant to keep the Premises in good condition and repair, or from the breach by Tenant of any other provision of this Agreement . 17 . A-asicrnme—nt- and Subletting, Tenant shall not assign this Agreement or sublet the Premises or any interest therein without the prior written consent of District, which consent may be withheld for any reason . 18 . Damage or Destruction . In the event the Premises shall be damaged or destroyed in part or in whole, Tenant shall assume sole responsibility to restore the Premises to substantially the same condition as existed immediately prior to such damage. District shall in no event be required to repair or replace any real or personal property installed or maintained by Tenant in or about the Premises and Tenant hereby releases District from any responsibility for Tenant ' s real or personal property, furnishings or household goods . 19. Entry by District . District shall, at any and all reasonable times and on reasonable notice, have the right to enter the Premises to inspect the same, to post notices of non- responsibility, to repair the Premises, and to exhibit the Premises to prospective tenants . Tenant hereby waives any claim Pa3e of Lease Agreement - Young Page 7 for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby . 20 . Default by Tenant . (a) The occurrence of any of the following shall constitute a material default and breach of this Agreement by Tenant : (i) The abandonment of Premises by Tenant; or (ii) A failure by Tenant to observe and perform any provision of this Agreement to be observed or performed by Tenant . (b) In the event of any such default by Tenant, then in addition to any other remedies available hereunder to District or at law or in equity, this Agreement and all rights of Tenant hereunder shall be terminated upon delivery by District of notice of such termination to Tenant . Upon such termination, District may recover from Tenant all amounts necessary to compensate District for all the detriment proximately caused by Tenant ' s failure to perform Tenant ' s obligations under this agreement or which in the ordinary course of things would be likely to result therefrom. (c) In addition to the remedies provided above, in the event Tenant shall fail to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay any sum required to be paid by Tenant under this Agreement, District may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District therefore, reimburse to District all costs reasonably incurred by District in connection herewith, together with interest on such sums at the rate of ten percent (10%) per annum from the date incurred by District until repaid if full by Tenant . 21 . Surrender; No Relocation Rights. Upon expiration or sooner termination of the term of , this Agreement, Tenant shall vacate the Premises and remove all persons and personal property therefrom, and shall surrender possession of the Premises to District with the condition of the Premises as it existed at the commencement of the term of this Agreement, subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant . Tenant, on behalf of Tenant, and on behalf of Tenant ' s immediate family, the members of which may occupy the Premises from time to time, hereby specifically waives EXHIBIT Pale f ;Eo�47 Lease Agreement - Young Page 8 any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 at me-q. , and any similar or successor statutes . Tenant shall hold District harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. 22 . Notices . All notices, demands, requests, or consents (collectively "notices") given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the parties as follows : District : Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn : L. Craig Britton (415) 691-1200 Tenant : Stan N. Young P 0 Box 44 New Almaden, CA 95042 (408) 2 68-3530 Notice given by mail in accordance with the requirements set forth above shall be deemed to have been delivered five (5) days after the posted date of mailing. 23 . Waiver. Waiver by District of any breach of any term, covenant, or condition herein contained shall not be. deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. District 's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of District 's right to recover the full amount thereof. 24 . Attorney' s Fees . If an action shall be instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorney ' s feed as fixed by the Court having jurisdiction . 25 . General . (a) This Agreement contains all of the terms, covenants, and conditions agreed to by District and Tenant and EXH I Fa3a Lease Agreement - Young Page 9 supersedes any and all agreements previously made between Tenant and District with respect to the Premises . This agreement may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Agreement or their respective successors in interest . (b) If any term, covenant, condition; or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or' invalidated thereby. (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto . (d) The paragraph headings of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement . (e) All persons who have signed this Agreement as Tenant shall be jointly and severally liable hereunder. (f) This Agreement shall be governed and construed in accordance with the laws of the State of California. ' (g) Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor. T o Lease Agreement - Young Page 10 IN WITNESS WHEREOF, District and Tenant have executed this Agreement the day and year first above written. "District" MIDPENI (TLA REGIONAL OPEN SPACE ISTRICT, a Public Distri By L. Cr i Brii on General Manager "TENANT" By Stan N. Young Date 1BIT Pale �-�-of OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA /OO1C OA65e 562 20 —LED IN 2 21 �� ""o��iwTao�u� YAwl l,.1"3 I993 E'C•Afi.50N-asS[SSOR T.9 5., R.O.S. 535151 (eo Ad i0AC.' 10AC1 ., TB I 40.90 ac ,.oA . \ C1 L1 --n— r-'�—xoac. � '� 40 4 w.0. _ sucE /'.ems' CO 773.31 AC. TOTAL i 1'$7.39AC.I I ';/�(7 .09AC.) H r� l 4C:c I (1(0 AC ) Z.,�a3AC.1. (x1.31AC)(<aS.c)r 1 (:lsK) MAZ ruTAL Q (aaAJ I MIDPENINSULA II REGIONAL OPEN M.d, � I SPACE 01STfkICT z (Ix.sxac.l �o•� oo , ' 3 '12AI,C (40.AC) �`I I(aax) 10 A 110 AC.TOTAL ' ,`L o ,y- - Gf _ co ccoven)ence as ° a guide to the general 0 ll _� location of the _j R.O.S. 6.�3/25 subject Property. '—1 accuracy of this ma the N � Y O Iz nor is It a 'Part p is not guaranteed, •,, � or of any policy, report �' � guarantee to which it may be attached. "' a COMMONWEALTH LAND TITLE INSURANCE COMPANY a i EXHIBIT^A" -Map To the Rest Agreement Residential Lease A ment Page 2 of 2 Ile 3 p0 paIETA f �, �Via►,,; —_ � ��_: I ��_ . . Pao O -:r;- ..g ;r1., >� ►ca;ate' �y Nv r 5 E o Q own REGULATIONS FOR USE OF a NiIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS ' Y C1 v r` BY ORDINANCE OF THE BOARD OF DIRECTORS OF THE M[DPENINSULA REGIONAL OPEN SPACE DISTRICT ORDINANCE 93-1 ADOPTED TULY 28, 1996 AMENDED BY ORDINANCE 96-1 ADOPTED FEBRUARY 28, 1996 FXH 181T Pa3e of j REGULATIONS FOR USE OF E MMPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS oQ Table of Contents u � a � C Section Pa ca Chanter I: Definitions wFc� 100 Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 101 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 102 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 103 District, District lands defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 104 Person defined . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 1 105 Permit or permission defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 106 Board defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 107 Headings and divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 j Chanter IT: Regulations 200 General regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 201 Special regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Chanter III: General Rules 300 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 301 Violations of ordinance, a misdemeanor or infraction . . . . . . . . . . . . . . . . . . . . . . . . . 3 302 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 303 Amendment or repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 304 Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Chapter IV: Preserve Uses - General 400 Camping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 401 Swimming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 402 Boating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 403 Firearms, traps, weapons, and dangerous devices . . . . . . . . . . . . . . . . . . .• . . . . . . . . 4 404 Fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 405 Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 406 Metal detectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 407 Disturbing the peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 408 Assembly . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 409 Miscellaneous dangerous activities . . . . . . . 6 410 Alcoholic beverages . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 411 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . 7 i EXHIBIT C u E hapter V• Preserve Uses - Riding/Hildng Trails 4 )0 Riding/hiking trails . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . )1 Saddle animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 x . )2 Bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 :2 )3 Trespass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g a `o hapter VI: Preserve Uses - Commercial/Revenue a )0 Soliciting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 )1 Grazing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 )2 Harvesting and planting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 )3 Commercial filming . . . . . . . . . . . . . . . . . . . 9 hapter VII: Preserve Features - Protection )0 Hunting and fishing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 )1 Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 )2 Natural and cultural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 )3 Vandalism and unlawful encroachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 hapter VIH: District Lands Operations - General )0 Littering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 )1 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 )2 Operation of motor vehicles: off-road vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 )3 Speed limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 34 Abandoned vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 05 Prohibited areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 )6 Use fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ii EXHIBIT • � 4 REGULATIONS FOR USE OF NIIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS a -.9 (Adopted by Ordinance No. 93-1, July 28, 1993) (Amended by Ordinance No. 96-1, February 28, 1996) wFci CHAPTER I DEFINITIONS ECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of Midpeninsula Regional Open Space District Lands" and may be referred to as "land use regulations." ECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of Midpeninsula Regional Open Space District, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." ECTION 102. DEFINMONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. ECTION 103. DISTRICT. DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Open Space District. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by Midpeninsula Regional Open Space District. ECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. ECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or "permission" means permission, granted in writing by the general manager or an authorized representative of Midpeninsula Regional Open Space District. 'ECTION 106. BOARD DEFINED. *Board" means the Board of Directors of Midpeninsula Regional Open Space District. ECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinan( f -.392 0 E 9 Wj to CHAPTER H REGULATIONS 6" SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the State of California, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and officials shall abide by the laws of the State of California and all applicable county, and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER M GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. EXHIBIT 2 3^2 'Of =ION 301. VIOLATIONS OF ORDINANCE, A MISDEMEANOR OR INFRACTION. Any 0 violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public 114 Resources Code, Section 5560). U :CTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Director declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. ACTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. ACTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV PRESERVE USES - GENERAL ECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenilg. No juvenile shall camp on any District Lands, except when: a) accompanied by a parent or guardian; b) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; c) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of 18 years. 3 ..XMI IT .1 ea3e of u E a3 SECTION 401. SV1�G. o •a u 401.1 f neral. No person shall swim, wade, or engage in any water-contact activity in any a water areas of the District except in designated areas. , 401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a a 4 person comes into physical contact with water areas, including, but not limited to x swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It w 4 does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. ;ECTION 402. BOATING. 402.1 Gene. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. ;ECTION 403. FIREARMS. TRAPS WEAPONS AND DANGEROUS DEVICES. 403.1 Genera,. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Excepti_ 'ons. This section shall not apply to: a) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; b) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; c) the possession and use granted by permit for resource management or educational purposes. 3ECTION 404. FIRES. 404.1 General,. No person shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be 4 .r G,�H�BiT a�� L:;' of C E limited to, any campfire, ground fire, warming fire, signal fire, charcoal fire, camp o a stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. F a o Get u o0 ECTION 405. SANITATION. ` x � wFa 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. ECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. ,ECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. 5 H 181T Page of E ;ECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on 3 < District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, rzV A and/or size of the meeting, rally, or similar event will disrupt or unreasonably 7 interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity 9 or event on District Lands without written permission when the activity or event: a) is advertised or noticed in any publication, poster, or flyer; or b) requests or requires a fee be paid for participation; or c) may be attended by 20 or more people. 3ECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 fg2lj. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall rollerskate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410. ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 6 EXHIBIT 0 of f 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area o < that has been declared by the general manager or an authorized representative to be prohibited area. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. rt 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V PRESERVF, USES - REDING/10KING TRAH.S SECTION 500. RIDINGMTKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction of travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 7 T of-4* :k( - b oa 501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. a }ECTION 502. BICYCLES. a u 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on,designated trails and roadways. 502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing an A.N.S.I. or Snell-approved helmet for head protection. 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. 'ECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private Pro, ; Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by-the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, without the written permission of the owner of such land, his or her agent, or of the person in lawful possession, and no person shall: a) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied b another and not open to the general public, upon being requested to P Y Pe g leave by the owner, his or her agent, or the person in lawful possession thereof; 8 EXHIBIT 46 .. u b) tear down, mutilate, or destroy any sign, signboard, or notice forbidding B trespass or hunting on such lands; or 4 c) remove, injure, unlock, or tamper with any lock or any gate on or leading into a such lands; or d) discharge any firearm. 1Z a N it W F a CHAPTER VI PRESERVE USES - CONVAERCIALIREVENUE ECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. ECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. ECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. ECTION 603. COMME_RCLAT EU,11M. 603.1 Gene. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. 9 E w aq a � CHAPTER VII PRESERVE FEATURES - PROTECTION a . � 8 0 SECTION 700. HUNTING AND FISHING. axi E°- a 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. 700.2 Fi hin . No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: a) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; b) use authorized by written permit. 701.2 Leash Reouired. No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet, or on a self-retracting leash with a maximum extended length of 25 feet. The self-retracting leash must have the capability of being retracted and locked in a position not to exceed 6 feet. Within a designated area, no person shall have or allow a dog on a lead greater than 6 feet when: a) Within 100 feet of any parking area, trailhead, picnic area, campground, horse stable, public roadway, restroom, visitor center, ranger station, or other place or structure of public assembly; b) Within 50 feet of any person that is not the person or persons who entered District Lands with the dog; or c) Within 50 feet of any body of water, including but not limited to, any reservoir, pond, lake, creek, stream, bay, tidal area, or flood control channel. 701.3 Nuisance Does. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 10 -° aof 701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated E animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the ° Q natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle ho rses,or P ses sheep, or other . livestock on District Lands, unless pursuant to a lease license or other entitlement tl ent of � a use granted by the District. 701.E Other Pets. No person shall allow or have any pet, domesticated animal, or other Fa living creature on District Lands, unless specifically permitted by another section of these regulations. 701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if it poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. 701.9 Off-Leash Areas. Dogs shall be permitted off leash only in areas specifically designated and signed by the District as off-leash areas. No person shall allow or have a dog in an off-leash area unless the dog is at all times under verbal or radio collar control, and in sight of its owner or keeper. The owner or keeper of the dog shall have a leash in his or her possession at all times. ACTION 702. NATURA_. AND CULTURAL RFSOUgC S 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. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 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. 702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 11 EXH404f Pa3e 702.5 Smial Permission. Special permission (Section 105) may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. ac SECTION 703. VANDALISM AND ITN- LAWFUL ENCROACHMENT. oo 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. CHAPTER VM DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumping. No person shall Utter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands. It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. EXHIBIT 12 -1 Page of —TION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency a vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: a a) In areas where prohibited by "NO PARKING" signs 0° b) On any fire trailNO c) On any equestrian or hiking trail x u d) In such a place or manner as would block or obstruct any gate, entrance, or exit F e) In such a place or manner as to take up more than one marked parking space in any authorized parking area f) In such a place or manner as to block or obstruct the free flow of traffic g) Within 15 feet of a fire hydrant h) Adjacent to any curb painted red i) On any District Lands after sundown except pursuant to a written permit j) In areas signed for permit parking on District Lands without a written permit k) In any other place on District Lands not designated by the District as an authorized area CTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES. 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt bikes," and similar vehicles. 802.2 Ex=tiions. This section shall not apply to: a) emergency vehicles operated within the scope of official use; b) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; c) roads and parking areas open to the public during regular open hours. :CTION 803. SPEED 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property, or wildlife. ACTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more exceptcamping in pursuant to a valid P g areas permit. 13 'EXHIBIT Page 2zofT21 E 9 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a .9 vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. ;ECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent. 805.2 After Hours Use. No person shall enter or remain on District Land "after hours" without a written permit issued by the District. The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. 805.3 Bicycle Operation After Hours. No person shall possess or operate a bicycle or similar device on District Lands after hours. ECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. 14 EXHIBIT -1je 40 f Regional S, 1. R-96-121 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-23 November 13, 1996 AGENDA ITEM Proposed Gift of Open Space Easement over the Weil/Zuani property as an Addition to the Kennedy-Limekiln Area of Sierra Azul Open Space Prese GENERAL MANAGER'S RECOMMENDATIONS ° ' ,. 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing acceptance of gift of an Open Space Easement over the Weil/Zuanich property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the easement as an addition to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold the easement from dedication as public open space at this time. DESCRIPTION This .32-acre open space easement is part of "Camp Wilderness",.a subdivision approval in 1911, but never developed, making it a "paper" subdivision. Located at the entrance to Limekiln Canyon east of Lexington Reservoir, most of "Camp Wilderness" is now owned by the Santa Clara Valley Water District and is administered by Santa Clara County as part of Lexington Reservoir Recreation Area. The open space easement will prohibit any development of the property and protect its natural and scenic condition. The subject parcel (Assessor's Parcel{ Number 537-6-014) is located on the south facing slope north of Limekiln Creek and is visible from Limekiln trail which parallels the south side of the creek. This trail connects two District preserves - St. Joseph's Hill Open Space Preserve to the west and the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve to the southeast. Vegetation is a mixture of chaparral and mixed evergreen forest, dominated by coast live oak, bay, buckeye, coyote bush, poison oak, and blackberry. USE AND MANAGEMENT PLAN Planning Considerations The property lies in unincorporated Santa Clara County within District boundaries and within the sphere of influence of the Town of Los Gatos. The zoning is Hillside (HS), requiring a 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail: mrosdGnetcom.com �f 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 R-96-121 Page 2 20 to 160-acre minimum lot size. The property received a high rating for suitability as open space in the District's Master Plan. Santa Clara County's Trails and Pathways Plan identifies a proposed trail corridor south of Limekiln Canyon along the prominent ridge extending from Lexington Reservoir to El Sombroso near this property. Preliminary Use and Management Plan Recommendation Dedication: Withhold the open space easement property from dedication as public open space until the District is successful in acquiring other necessary land and/or easements in this area. Name: Name the property as an addition to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve. Signs: Since the District is only receiving an easement, no signing is appropriate. Roads: There are no roads or trails on the gift easement. Public Safety Review: Staff performed a preliminary inspection of the site and found no public safety hazards. The site is thickly vegetated and does not invite public access. CEQA COMPLIANCE Project Description The project consists of a gift of a .32-acre open space easement as an addition to Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. The plan maintains the open space character of the area. Ultimately, the property will be included in comprehensive use and management plans for the adjacent preserve areas. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 of CEQA Guidelines 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 easement interests in order to maintain the open space character of an area. R-96-121 Page 3 Section 15325 exempts transfer 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 actions may have a significant effect on the environment. TERMS AND COMMONS The District was contacted by Ronald and Betty Weil who offered a gift of the fee interest in this .32-acre property; Ms. Zuanich is Mr Weil's sister. District staff discovered that the property had delinquent taxes totaling $3,739.06. Since the Weil's were not willing to pay off the delinquent taxes, and the District was not interested in assuming this tax burden, staff suggested that the Mr. Weil consider a gift of an open space easement over the property. The Weils agreed to gift an open space easement to the District at no cost. Under better economic conditions, the District will consider purchasing the fee interest in the property at tax sale. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF AN OPEN SPACE EASEMENT, AUTHORIZING OFFICER TO EXECUTE CERTTFICATE OF ACCEPTANCE OF GIFT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - WEIUZUANICH PROPERTY) 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, with gratitude, the gift of an Open Space Easement over property described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by a Gift Deed from Ronald Weil and Janet Zuanich, as tenants in common, to the Midpeninsula, Regional Open Space District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance for said Grant of Open Space Easement Deed conveying a real property interests being donated to the District. Section Three. The General Manager of the District shall cause to be given appropriate notice to the donors of the acceptance of this gift. 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 $100 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Page 1 of 1 EXHIBrr A That certain real property located in the unincorporated area of the County of Santa Clara and being made particularly described as follows: Lots 196, 197, 198 and 199, shown on map entitled "Camp Wilderness" as filed on September 22, 1911 in Book N of Maps at Page 59, Official records of Santa Clara County. APN: 537-6-014 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT P .�, CREEK TRAIL `:. # x .i CURBSIDE PARK 1 NG SEREN:, 0.S F � 1 ':: , , CONSERVATION EASEMENT 'OPEN SPACE EASEMENT ` : WIN ;. F j ) (NO PUBLIC ACCESS) , » sit i - �'HIKING & �� a�S '��a..tl'� j. '�". t __ _ 1_•, ..- RUNNING .�',,.,!/">�.:�o r if` �i - - •ter = - .� OPEN SPACE EASEMENT PUBLIC ACCESS)Jj PROPOSED OPEN _=< 85 ._ ;. ^='5►,.:� + •: — — — , , KENNEDY _ fi7." t ; — EASEMENT =% - TRAIL rsE f (WEIL/ZUANICH) .);z5 SPA PEN>O . EA SPACE SEMEN�T�`���' NO PUBLIC ACCESS r .� � auir I `�" <h�•�M,��-. —_ __ LIMEKILN TRAIL ' Camyoo— -=— } f > £r:,k 1 a - ^ _. _ -- ` - £ S ` ' s 2>" k L/"`ti",° • ALMA BRIDGE ROAD � > •1.0 _ PRIEST ROCK " TRAIL — 44. F «� LEX I NGTON RESERVOI R� V , KE N N E D Y COUNTY PARKits - . — — TRAIL fr i, y q ♦ /�> : 'rr> •,.,,� > .,,,•'� > W' „tic :w i ,may ... .' `�<•�,�.�,>�"����� k � ---...-�^s '.✓:> ...Fad tt6��� '_ ...nd .;•: ...:sft•J'9s.+r+ 'bwv. w �,."+'`:,: ^v�:u. ",.,. w..,� � -'-.•�.. 1 _ - �e' 2 _ t� ' ;< ..< `<9 .`f +tea}if:• af .......... x:' £♦ ``�`^'•. `v.:. J �_ ..�. - Legend : LIMEKILN ' 3"£. ��,,k , ...', ji Dogs must be on leas :�.., =s• _ - -rnqTRAIL � ^—Patrol road and trail ' — _ + b ^Trail distance in miles No public access , M ! EXHIBIT 1 : PROPOSED OPEN SPACE EASEMENT ADJACENT ST. JOSEPH'S HILL O.S.P. NOV. 96 i Regional R-96-120 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-23 November 13, 1996 AGENDA ITEM Informational Report on Implementation of Phase I Trail Improvements at El Corte de Madera Creek Open Space Preserve x GENERAL MANAGER'S RECOMMENDATION No Board action is requested. DISCUSSION At your May 22, 1996 meeting you tentatively adopted the Trail Use Plan for El Corte de Madera Creek Open Space Preserve. Final adoption of the plan occurred at your June 26, 1996 meeting. At the June meeting, you also authorized the General Manager to enter into contract with Gene Sheehan for construction of the Phase I trails on the preserve. The trail construction project started the following day and continued for twelve weeks. At your November 13 meeting, staff will show slides of the various trail construction projects completed or underway on the preserve. Implementation of the Trail Plan for El Corte de Madera Creek Open Space Preserve has been the most ambitious and difficult ongoing trail construction project yet undertaken by the District. Typically, field staff spends several weeks per year on trail construction projects District-wide. This is the first time,such a concentrated effort has taken place on a single preserve. A two- to three-person hand crew worked with Mr. Sheehan and his specialized trail machine to construct four trail segments that total 3.1 miles. The trails are located in the northwestern corner of the preserve, on the slopes above El Corte de Madera Creek (see attached map). The terrain is very steep and the subsoil rocky, making the trail construction difficult. Due to the difficulty of this project, staff determined the best use of Mr. Sheehan's specialized equipment and time would be to concentrate on completing just the rough cut of the trails identified in Phase I. District crews or volunteers could then be used to complete the necessary finishing work prior to'opening the trails to the public. Mr. Sheehan and the District crew completed the rough cut trail work on October 25. Trail finishing work typically includes removal of roots from the trail tread, placement of water bars or other drainage features, trimming the uphill cut bank, and construction of retaining walls where needed. To help accomplish this, a group of 23 volunteers on September 28 performed finish work and installed drainage features on the three sections of trail that had already been rough cut. On November 2 an additional 17 volunteers including a group from the East Bay, > P Y g g g worked on the remaining section of trail. Responsible Organized Mountain Pedalers (ROMP) took the lead in recruiting volunteers for these two volunteer work days. The remaining 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 m 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 R-96-120 Page 2 finishing work, which includes construction of retaining walls, will be completed by staff later this season or next spring. Under a separate contract with a local grading contractor, a 0.9 mile section of road was reopened to aid in the movement of equipment for the trail construction project. The work involved installation of a large culvert that had washed out and clearing a slide. Staff also realigned a half-mile section of trail at the southernmost crossing of El Corte de Madera Creek on the preserve. The trail was reconstructed by staff using a rented piece of equipment called a Sweco 480 Trail Dozer. The equipment was rented on a trial basis to help determine its suitability for future Distirct trail construction projects. Winterization of the mid-level crossing of El Corte de Madera Creek remains to be completed prior to the onset of heavy winter rains. The winterization includes placing posts and silt fencing across the wide denuded area used as a trail. The denuded area extends to El Corte de Madera Creek, making the potential for siltation into the creek very high. The placement of silt fence across the slope at various overlapping intervals will catch the silt travelling down the steep slope, but will allow the route to remain open through the winter season. Bicyclists will need to dismount and walk their bicycles through the maze of silt fence to get to the creek crossing. Work has also begun on the Leaf Trail Extension that parallels Star Hill Road. Staff has met on several occasions with representatives of ROMP to lay out the trail. Trail construction started on October 12 when 13 volunteers attended the workday. On November 16, another volunteer event is planned to continue work on the Leaf Trail Extension. An opening celebration is currently scheduled for 3:00 p.m. on that day to thank staff and volunteers who have worked hard to complete this phase of the project. Trails identified for closure in the Trails Plan as duplicate or dead-end routes were closed upon adoption of the plan. The closures affected about 14 trail segments. Approximately eight additional closures will occur following opening of the newly constructed trails in the northwestern corner of the preserve. Compliance with the closures has varied, but has generally been good, however some signs and barriers have been vandalized. Map boards were posted at the three key trailheads: Skeggs Point, Methuselah, and Gordon Mill. The maps show the trail routes which are open to the public. Information about the planning process, changing nature of the preserve, and rules and regulations is also posted at the map board. As the trail system changes and new trails are opened and others closed, the maps will be updated to reflect the current conditions. A site map is also available at the trailheads and at the District office. The site map is dated so that visitors can compare their copy with the map bard to ensure they have the most recent edition. Prepared by: Mary de Beauvieres, Open Space Planner Contact person: Same as above EXHIBIT 1 : IMPLEMENTAT OF PHASE I TRAIL IMPROVEM" "IS AT EL CORTE DE MADERA CREEK OPEN SI-.-.,.;E PRESERVE Swett Roacl� .� yam•- ', Bo, o: ,o00 00o N 0.9 ML. TRAIL r-} ' !,i =' �.: NEW TRAIL CONSTRUCTION;1 • /, - - .l 1 scale 1' 500' tt �1�(ir, REOPENED BY J1)• ( —;%-�: �.: 3.1 MILES DOZER OPERATO p 1'I' ��. �. L., pR -DE MADERA-CREEK TRAM !��•._� TE. -- ��/ O I Fp(yj TRAIL P�ptp TRAIL /I L�, 0 Proposed Trails LEAF TRAIL U � `v _ ' - • �'�s,- t,' � Q�p'\;�: � �r'-J�oJr►fr` w ` 'C'�F - - �..m � �r,� �I 8 Existing Trails EXTENSION 11G� IF'f .TRAI •e CONSTRUCTION` 1` m !1 J•_; J �'\� l. ��"l * Mapboard UNDERWAY AS . . _. �,wSFt9y A VOLUNTEER ;, I �; AI MID PROJECT =] r :�l' 1 '�:� `: ?';TRAIL _ •• _ ..�,': � ;'�. _l`�v��.:/„� \\,�••� 1 r.:; II,;'.1``�1•w�'�. `'• JJ: ' `i"='z �IJJ _�` :•j al !�� •J�I�' i �� ,\ I a��'� ` .� "WINTERIZATION \.� OF TRAIL USING I r . - _ ,; ,'(;_`.-. J\` it RA/ ` ` ' `�: - �:=�' •1 ' ������ \ 1 n b L l` , SILT FENCE M1.1 '. .� �r.��, , �\:\r:....:.�—��►�`-�� �.;- L✓.-� �j h� 111 l 1•�1.5�a ,`'''�I II�` t f'- �S�q,ll;'r' l' 1 �Q,P q1,1 .,;' l / `-'�,; t 'J �i! I,ll ' Mo .., �`\ ` _.���1::•i.NHi•; I \fG�\ •. f.••\��� ' i)�_� I �' (�(. 1 v/%� _i i, 1 l � \ �� --. �._- -' C� �PJ tea: 'CQ•P l �'(.\(�''���`J y t ri 1') ' .�` '.'� /! .J 'J.J/J()'�fJ(q� �i--l-.s-�-0�b-�J�(• .."� i \���j.^ti�•-•��"'•- - \�1I � ..�� �'';'•\ \\���c�'•rl -IJ I S l '-1� I .\ _ 'Q\, `c �\ \. �---.-J : .`��I ,, O���rrt;.�! .�=•'\ l`l for ''I `�.1✓ ��� ••-� H1, ;.. \�� ..�'�� _ .•'•/\;: ..,�� � QOII'r�1(`( rr i��✓�� i1,I � , '!1 } '1` Q ` 'l..`!� l.'� _l�,`,i', I'�:�• .,�.Il l '1(�'1 , >1�1`�,� r. i 1 - � j r ✓ � , =•� ' ':... U }�lli � 1 �I. L �—N•••• ,'`:`\ ` ;�-� 1 1 �1r�r rL i L�AWRENC �.1 1 h IIv�/. �.,. r 4/ ' i ' ' ( � __. '� _ � _\�,'� •,`./r •/'�.�- ''i 1•I i ' 1�11`� 0.S ML. TRAIL RECONSTRUCTION' ; USING SWECO 480 ' `i •c, �. EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE Regional Open S, ee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-96-114 Meeting 96-23 November 13, 1996 AGENDA ITEM Annual Seasonal Trail Closures Information ReportW .. -- GENERAL MANAGER'S RECOMMENDATION w, Review and comment on the attached proposed trail closures. No formal Board action is required. DISCUSSION At your August 24, 1988 meeting, you asked to be informed ahead of any action that may be taken regarding the closing of any trail to bicycle or equestrian use. Attached is the November 4, 1996 memorandum and chart from John Escobar to me, outlining this year's trail closure recommendations. Additional closures for this year are two newly constructed trails and one restored trail. Also you will notice two trails that were closed in 1995, because of new construction and trail tread restoration, will remain open for 1996. They have received a full season of moisture to allow trail tread consolidation for proper drainage and resistance to erosion. I intend to approve staff recommendations on trail closures, contingent upon your comments and any public input at your November 13 meeting. Prepared by: John Escobar, Operations Manager David Sanguinetti, Area Superintendent Annette Coleman, Area Superintendent Contact person: John Escobar, Operations Manager 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200 FAX:415-691-0485 • E-mail: mrosd@neteom.eom Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wirn de Wit General Manager:L.Craig Britton I MEMORANDUM November 4, 1996 TO: Craig Britton, General Manager FROM: John Escobar, Operations Manager SUBJECT: Recommendation for Interim and Seasonal Trail Closures to Bicycle and Equestrian Use Each year you report to the Board on the trails you propose to close to equestrian and bicycle use during wet conditions (approximately six months). Closures are designated as seasonal and interim seasonal closures, and are based on concerns for trail safety and resource damage during extremely wet conditions. In the past, interim closures have identified trails closed because of trail safety concerns pending the adoption of the trail use guidelines. Newly constructed trails with unconsolidated trail treads are also placed in the seasonal closure category for the first winter season. Although the Board has adopted Trail Use Policies and Guidelines, the permanent status of trails now in the interim closure category will not be determined until trail use guidelines are actually applied to specific trails through the use and management planning process. As in past years, I recommend that these trails remain closed to bicycle and equestrian use. Past closures and new closure recommendations are outlined on the attached chart. An asterisk identifies the new closures. November 13.1996 PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS (See definition of"Seasonal" and "Interim" below.) Preserve Trail Bicvclists Equestrians Comments 1)Long Ridge Peters Creek Trail Seasonal Seasonal Very popular with mountain bicyclists. Tread can get very muddy during wet conditions. Staff anticipates closures during and immediately following heavy rainfall. Ridge Trail*(Fowkes aquisi- Interim Interim New construction fall of 1996. Unstable trail tread highly susceptible to erosion. Constructed to average tion to Peters Creek Trail) four-foot width. Anticipated spring 1997 opening. 2)El Corte de Madera El Corte de Madera Trail Seasonal Interim New construction fall of 1996. Expected to be very popular with bicyclists. Tread needs consolidation and has the potential to erode and get muddy during wet conditions. Staff will monitor conditions and close when Resolution Trail* Seasonal Interim necessary to protect trail surface. 3)Fremont Older Toyon Trail* Seasonal Seasonal Very popular with equestrians from Garrod Stables. Tread can get very muddy during wet conditions. Fem Trail* Seasonal Seasonal New construction spring and summer of 1996. Unstable trail tread susceptible to erosion. Constructed to Seven Springs Trail* Seasonal Seasonal average four-foot width. 4)Monte Bello Skid Road Trail to Canyon Seasonal Seasonal Very popular with mountain bicyclists and equestrians. The shaded canyon environment can prevent the tread Trail(lower Nature Trail) from drying through the winter season. Alternate route available. White Oak Trail Seasonal Seasonal Tread can get very muddy during wet conditions. Staff anticipates closures during and immediately following (Permit lot to Skid Road Trail) heavy rainfall. 5)Picchetti Ranch Zinfandel Trail Interim Interim Constructed to a four-foot average width. Permanent status pending U&M process. 6)Pulgas Ridge Polly Geraci Trail Interim Interim Constructed to a three-foot average width. Permanent status pending U&M review process. Blue Oaks Trail Interim Interim Constructed to a four-foot average width. Permanent status pending U&M review process. 7)Purisima Creek Whittemore Gulch Seasonal Seasonal Narrow,winding,seasonally wet trail,highly susceptible to damage. Trail tread restoration planned for fall. Redwoods Seasonal closure may be extended to insure full compaction of repaired sections. Alternate route available. Thysen Trail Interim Interim Completion of trail construction delayed into the fall of 1996. Permanent status pending U&M review process. Soda Gulch Trail Interim Interim Narrow,winding,seasonally wet trail with poor line of sight and some very steep side slopes. Majority of trail offers no room for passing. Permanent status pending U&M review process. Alternate route available. 8)Rancho San Antonio Black Mountain Trails a)New Alignment Interim Open Constructed to a four-foot average width with occasional pullouts. Very steep grades remain on PG&E road sections of trail. Permanent status pending U&M review process. c) Farm Bypass/Coyote Trail Interim Open Open to equestrian use in the spring of 1992,subject to adequate compaction over winter. Permanent status pending U&M review process. I Page 2 PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS (See definition of"Seasonal" and "Interim" below.) Preserve Trail Bicyclis Equestrians Comments 9)Russian Ridge Ridge Trail(former Norton Interim Open Constructed to average five-foot width. Permanent status pending U&M review process and purchase property) agreement restrictions. 10)Saratoga Gap Saratoga Gap Trail Open Open Seasonal closure removed after first year following trail restoration. 11)Skyline Ridge Horseshoe Lake area Interim Interim Constructed to a four-foot average width. Permanent status pending U&M review process. Alternate routes trails available. Ridge Trail south of Horseshoe Interim Interim Constructed to a four-foot average width. Permanent status pending U&M review process. Alternate routes Alpine Pond to round lot Interim Interim available. 12)Windy Hill Razorback Ridge Trail* Closed Seasonal New restoration work completed summer 1996. Unstable trail tread highly susceptible to erosion. Constructed to average three-foot width. Staff anticipates closures during and immediately following heavy rainfall. *New closures SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction presents serious concern over trail safety and potential resource damage, usually between the months of November and April. INTERIM CLOSURE: Closed temporarily due to trail safety concerns. Permanent status is pending the application of Board-adopted trail use guidelines in the use and management review process. Regional e R-90-116 Meeting 96-23 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 13, 1996 AGENDA ITEM Grant Application to the Environmental Enhancement and Mitigation Program for the Lobitos Creek Headwaters Acquisition Project QENERAL MANAGER'S RECOMMENDATION 1�f�_ Tl� Adopt the attached resolution approving the application for the Environmental Enhancement and Mitigation Program for the Lobitos Creek Headwaters Acquisition Project. DISCUSSION Environmental Enhancement and Mitigation Program The Environmental Enhancement and Mitigation Program is sponsored by the California Transportation Commission. It provides grants to local, state, and federal agencies and nonprofit entities for projects related to the environmental impact of public transportation facilities included in an adopted state or local transportation program. Projects must provide additional mitigation to that required by the related project. Grant applications for the 1997-1998 fiscall year are due on November 12, 1996. Board resolutions may be submitted separately at a later date for timing reasons. The Resources Agency of California will review the applications and submit a list of recommended projects, May 1 1997 to the CaliforniaTransportation Commission for funding consideration. All b g Y Y Po applicants will be notified of the status of their project at that time. In July, the Commission will give preliminary approval to projects to be funded in that year, with funding allocations to be considered at a subsequent Commission meeting upon contract approval. Grants are generally limited to $350,000 for each individual project. However, under unusual circumstances applications may be recommended for awards exceeding the $350,000 amount. in additional funds to a project involving will consider award g For example, the Commission g P J r the acquisition of resource lands of substantial size. Lobitosk Headwaters Acquisition D n The project involves the acquisition of the 481-acre Peninsula Open Space Trust (POST) property located approximately two miles west of Skyline Boulevard at the end of Irish Ridge Road. Redwood and Douglas fir forests, coastal chaparral, and grassy ridges characterize this undeveloped parcel of land. These diverse environments provide prime habitat for deer and mountain lion. They also support several California species of concern including the 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 e FAX:415-691-0485 . E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C Davey,Teena Henshaw,David T.Smemoff, Nonette Hanko,Betsy Crowder,Wirn de Wit GenerAl Manager:L.Craig Britton R-96-116 Page 2 Western Pond Turtle and Cooper's Hawk. The property includes the headwaters of Lobitos Creek, an area important to the spawning and rearing of steelhead trout, and critical habitat for the federally threatened red-legged frog. The property would become an addition to adjacent Purisima Creek Redwoods Open Space Preserve and would expand trail opportunities on the preserve. The Bald Knob Trail located on the POST property connects directly with the existing trail system at Purisima. This recently constructed trail will offer hikers, bicyclists, and equestrians outstanding wildlife viewing opportunities and panoramic views to the Pacific Ocean. Acquisition of the POST property will permanently protect critical fish and wildlife habitat in the headwaters of Lobitos, Creek, expand recreational opportunities in San Mateo County, and help maintain the scenic backdrop visible from Highway 1, a California State designated scenic highway. The project will also provide additional mitigation for public lands and biological resources lost to construction of the proposed Route 92 Safety and Improvement Project. This State transportation project proposes widening a 2.1 mile section of Route 92 between Skyline Boulevard (Route 35) and Crystal Springs Reservoir. The POST property has been appraised at $1.7 million. The District is requesting $500,000 from the Environmental Enhancement and Mitigation Program to help purchase the property. The grant will be leveraged with a $1.2 million discount (gift) on the purchase price from POST. Since POST is not equipped to manage the property on a long-term basis, the District is currently managing the property for POST under a management agreement approved by the District's Board of Directors on July 26, 1995. The District is the most appropriate agency to own and manage the property, since it already owns and manages adjacent Purisima Creek Redwoods Open Space Preserve. Prepared by: Sheryl Cochran, Contract Planner Contact person: Del Woods, Senior Planner RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT"PROVING THE APPLICATION FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FUNDS UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE LOBITOS CREEK HEADWATERS ACQUISITION PROJECT WHEREAS, the Legislature of the State of California has enacted AB471 (Chapter 106 of the Statues of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state, and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities, and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of the application to the Environmental Enhancement and Mitigation Program for grant assistance. 2. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. Appoints the general manager as agent of the District to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, billing statements, and so on, which may be necessary for the completion of the aforementioned project. Regional Open S, ce R-96-115 Meeting 96-23 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 13, 1996 AGENDA ITEM Mid-Year Program Evaluation for 1996-1997 Action Playa for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space Distri `t GENERAL MANAGER'S RECOMMENDATION _ p= Accept the 1996-1997 mid-year program evaluation as contained in this report and discussed at the November 13 meeting. DISCUSSION The attached program evaluation material covers the first six months of the 1996-1997 fiscal year. This review provides the opportunity for staff to brief you at your November 13 meeting on additional projects and activities not_ specifically included in the Action Plan that have required significant staff time or that may be undertaken during the,remainder of the fiscal year. The planning staff team has prepared an addendum that provides a summary of other projects and activities described in the Action Plan and Relative Site Emphasis that are in-progress or have been completed this fiscal year; the addendum is at the end of the report after the colored sheet. The summary includes projects, which are shown in italics, that have been undertaken but were not anticipated at the beginning of the fiscal year. These projects have been initiated or completed since April 1, 1996. The projects are divided into two subprograms that correspond to those contained in the Action Plan. The last page of the addendum lists projects from the Action Plan, Relative Site Emphasis Plan, and fiscal year 1996-1997 budget that are not anticipated to be completed this fiscal year. Most of these projects were categorized "B" priority in the Relative Site Emphasis and, as such, are progressing as time permits. The program evaluation session is intended to lay the foundation for future discussions of the 1997-1998 Action Plan. Prepared by: L. Craig Britton, General Manager Jean Fiddes, Administrative Services Manager John Escobar, Operations Manager Planning Team Malcolm Smith, Public Affairs Manager Contact person: L. Craig Britton, General Manager Jean Fiddes, Administrative Services Manager I 330 Distel Circle . Los Altos, CA 94022-1404 * Phone:415-691-1200 FAX:415-691-0485 E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton ACTION PLAN FOR THE IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1996-1997 FISCAL YEAR I. OPEN SPACE ACQUISITION PROGRAM H. PLANNING PROGRAM III. OPERATIONS PROGRAM IV. PUBLIC AFFAIRS PROGRAM V. ADMINISTRATION PROGRAM Mid-Year Program Evaluation 1996-1997 ,.BEN SPACE PLANNING PROGRA�.- Subprograms A. Regional and Long-Term Planning B. Site Planning and Implementation To Implement the BASIC POLICY OBJECTIVES: The District will follow a land management policy that provides proper care of open space lands, allowing public access appropriate to the nature of the land and consistent with ecological values. The District will work with and encourage private and other public agencies to preserve, maintain, and enhance open space. Program Emphasis for 1996-1997 Provide direction for acquisition and development of District lands while moving forward with implementation of major public access and infrastructure improvements. Formulate the Regional Open Space Plan focusing efforts on presenting a clear vision of lands to be acquired and facilities to be developed over the next 20 years. Enhance public access to open space preserves, trails, and historic buildings. Develop and upgrade facilities for Operations Program to meet growing needs associated with managing open space. Staff Resources (Regular, full-time positions unless otherwise indicated) Senior Planner (2) Open Space Planner H (1) Open Space Planner I (2) Resource Management Specialist (1) Planning Technician (1) Planning Secretary (shared half-time with Acquisition Program) PROGRESS: • Filled resource management specialist position. Implemented joint program management between planning team and operations. Focusing on development of resource management program. • Significant progress has been made on 35 projects including the Skyline field office, Regional Open Space Plan, Phase I of El Corte de Madera trail construction, Teague Hill surplus land, Rhus Ridge Road parking issues, Fremont Older parking study, Rancho de Guadalupe interim access plan, Russian Ridge grassland study, Fremont Older Trail Use Element, and the Homestead House restoration at Picchetti. • Worked closely with Operations staff to improve communications and working relationship. • Implementation of self-directed team has been accomplished. Mid-Year Program Evaluation 1996-1997 6 1996-1997 Regional and Long-Term Planning Subprogram Objective Assist with the formulation, review, and refinement of policies, District-wide plans, and cost estimates for the management and development of District preserves on a regional or District-wide basis. Work with local agencies on joint planning and implementation projects, to share information, and to encourage planning decisions that support the preservation of open space and natural resources and development of regional trail systems. Key Projects 1. Regional Open Space Plan - Prepare a comprehensive plan to guide the District's acquisition, development and stewardship efforts for the next 20 years, including a mission statement, basic policy revisions and cost analysis. PROGRESS: • Completed administrative draft mission statement and revised Basic Policies. • Held staff and Board workshops to review draft material. • Staff reviewing working draft overlay map, summary of characteristics and cost estimate of future greenbelt. 2. Use and Management Planning Process - Review and revise the Open Space Use and Management Planning Process, focusing on potential changes to the scope and scheduling of Use and Management Plans. PROGRESS: • Review of planning process underway with attention focused on integrating the resource management plans with use and management plans. 3. Trail Use Policies and Guidelines - Review the Trail Use Policies and Guidelines to consider revisions based on the growing experience and concerns gathered through the implementation process. PROGRESS: • Project planned to begin early 1997. 4. California Environmental Quality Act Guidelines - Review and revise the District's CEQA review process to improve the integration of requirements into the planning process and compliance with recent changes in the law. PROGRESS: • CEQA research underway and reference materials obtained; drafted process for determining exemptions. Mid-Year Program Evaluation 19%-1997 7 5. Teague Hill Surp,01-4md - Complete engineering studie., urveying, percolation testing, and other documentation to complete lot fine adjustment process with the Town of Woodside; determine lots, building sites, trail easements, and other issues prior to marketing property. PROGRESS: • Completed survey, percolation tests, geotechnical studies, and preliminary engineering. • Identified potential future lots, open space easements, and trail corridors. 6. Department Management - Complete the transition from a traditional management structure to a self-managed team. PROGRESS: • Completed series of joint planning and operations meetings to facilitate transition from managed department to self-managed team and to improve communication. • Established performance evaluation procedures. Mid-Year Program Evaluation 1996-1997 8 69 1997 Site Planning and Implementation Subprogram Obiective Apply policies, prepare and implement plans on a site-specific basis, including capital improvement, repair and restoration projects, and respond to site-specific use and management issues. Key Projects 1. Use and Management Plans - Complete the Comprehensive Use and Management Plan for El Corte de Madera, Interim Access Plan for Rancho de Guadalupe, and trail elements for Fremont Older and Purisima Creek Redwoods preserves. PROGRESS: El Corte de Madera Comprehensive Use and Management Plan • Presented draft Trail Use Plan to Use and Management Committee in April. • Held public workshop on-site in May. • Board consideration of Plan in May; final adoption in June. • Comprehensive Use and Management Plan anticipated for Board review in first quarter of 1997. Rancho de Guadalupe Interim Use and Management Plan • Organized project planning team with two planners and two field staff. • Held meeting with Foothills field staff to gather initial input. • Conducted five project team meetings discussing issues relating to resource protection, maintenance, management problems, and public use. • Interim use and management plan expected to be complete in January 1997. Fremont Older Trail Use Element • Board adoption of Trail Use Element in June; final adoption in July. Purisima Creek Redwoods Trail Use Element • Conducted visitor survey to understand key issues. 2. Trail Construction - Complete the Ridge Trail between Long Ridge and Skyline preserves, implement first phase of El Corte de Madera Trails Plan, including new trails and trail restoration projects, and construct Seven Springs Road bypass trail and trail to hayfield at Fremont Older Open Space Preserve. PRO GRESS: Ridge Trail between Long Ridge and Skyline Ridge Oven Space Preserves • Held several meetings with road committee for Portola Park Heights Road • Adopted Use and Management Plan amendment in September authorizing construction of the trail. Trail construction is currently underway. • Pacific Gas and Electric designing electrical undergrounding work. Mid-Year Program Evaluation 1996-1997 9 El Corte de Madera —reek Trails Plan (Phase n • Contracted for construction of `A' priority trails. • Completed. trails Al, A2, A3, A4, A5; Trails will be open to all users once finish work is completed this winter. Trail B11 is underway. • Volunteers have begun construction of Trail B16. • Completed immediate trail closures identified in the Trails Plan. Fremont Older Trails • Constructed Seven Springs Road bypass trail. The trail is currently open to hiking only and will be opened to bicycles and horses in the spring. • Construction of the trail to the hayfield has been postponed until Spring when soil moisture conditions are better for trail building. 3. Parking and Trail Improvements - Improve parking at Duveneck Windmill Pasture, Monte Bello and Fremont Older, construct new parking at Windy Hill and Rancho de Guadalupe, and complete plans for improved parking at Pulgas Ridge. PROGRESS: Duveneck Windmill Pasture ahus Ridge Road) • Ad hoc Board committee and District staff met with neighbors in June. Identified neighbor concerns regarding visitor parking on private property. • Discussions with Town of Los Altos Hills, Santa Clara County Sheriffs Department, Los Altos Fire Department. • Neighborhood meeting to be held in November to discuss potential solutions. Monte Bello Oren Space Preserve Parking • Designed and reviewed south Monte Bello Road permit lot improvements. • Implementation scheduled for winter. Fremont Older Open Space Preserve Parking • Preferred parldng improvement layout identified for existing lot. • Discussions held with Saratoga Country Club regarding golf ball impacts. • Existing parking lot improvements contingent on findings of long-term parking alternatives study. Windy Hill Open Space Preserve Parking • Worked with Pacific Gas and Electric, Pacific Bell, and Town representatives to coordinate utility undergrounding along Portola Road. • Worked with representatives of The Sequoias to finalize emergency access and drainage easement exchange. • Held several meetings with neighbor and town representatives to attempt to resolve access issues. Rancho de Guadalupe Area Parking • Examined three potential sites and consulted with County agencies to determine conditional use permits and encroachment permits would be required. Mid-Year Program Evaluation 1996-1997 10 • Project tear►. ,.etermined interim parking should no, _ located on roadside but may be considered within the site when interim plan is completed in January 1997. Pulgas Ridge_Qpen Space Preserve Parking • Retesting of material at old sewage treatment plant determined that toxic contamination not present except for minor asbestos removal. • Final design and permit process, asbestos removal, scheduled winter and spring 1996/97, construction summer 1997. 4. Historic Preservation - Continue restoration of Picchetti Homestead House and implementation of historic lease at Thornewood Open Space Preserve. PROGRESS: Picchetti • Awarded $33,000 in grant funding to work on structural and accessibility improvements on the Homestead House. • Hired architect to prepare plans and specifications and submitted plans for permit. • Solicited bids, awarded contract, and started construction. i Thornewood • Assisted Real Property Representative with selecting an interim tenant. 5. Infrastructure Improvements - Complete construction of Skyline Field Office, Schilling Lake spillway repairs at Thornewood and Weeks Road repairs at La Honda Creek; complete plans for asbestos removal at Mt. Umunhum airbase. PROGRESS: Skyline Field Office • Completed permitting process and bidding and rebidding process. • Construction is underway. Completion anticipated mid-late November. Schilling LakeSnffl_= • Geotechnical concerns regarding landslide stability require rescoping project; implementation anticipated 1997. Weeks Road • Initiated reduced scope repair project. • Renegotiated road easement agreement with adjacent property owner. i Mt. Umunhum • Prepared request for proposals for conducting asbestos and lead-based paint survey at the Mt. Umunhum facilities. • Reviewed proposals and selected consultant to conduct survey in the fall. Mid-Year Program Evaluation 19%-1997 11 OPERATIONS PROGRAM Sub grams A. Field Operations B. Volunteer and Docent To Implement the BASIC POLICY OBJECTIVE: The District will follow a land management policy that provides proper care of open space lands, allowing public access appropriate to the nature of the land and consistent with ecological values. Program Emphasis for 1996-1997 Continue to provide responsible stewardship of District lands. In accordance with trail use policies and guidelines, increase efforts in public education and volunteer participation. Increase the use of District lands and facilities as an environmental education resource. Traditional operations program activities such as ranger patrol, resource protection, and maintenance and construction responsibilities will continue to demand the majority of the program's resources. Staff Resources (Regular, full-time positions unless otherwise indicated) Operations Manager Area Superintendents (2) Visitor Services Supervisor Support Services Supervisor Supervising Rangers (4) Docent Coordinator Volunteer Coordinator (one-half time) Secretary Rangers (12) Equipment Mechanic-Operators (2) Lead Open Space Technicians (2) Open Space Technicians (5) 10,000 seasonal hours (6,000 regular; 2,500 Deer Hollow Farm; 1,500 special project) PROGRESS: • Skyline staff designed and installed a new gate closure system at Long Ridge that will be used as the standard at other sites that have seasonal trail closures. Mid-Year Program Evaluation 1996-1997 12 • Foothills staff instauW 1,500 of boundary fencing along h...s Road and completed the fencing and signing of the off-leash dog area at Pulgas Ridge Open Space Preserve. • Working with trail contractor Gene Sheehan, staff completed the first phase construction of the trail system at El Corte de Madera. • The first pit toilet has been installed at the lower end of Purisima Creek Redwoods Open Space Preserve. The toilet has reduced maintenance, eliminated odor, and does not require pumping for two years. • Construction is underway of the trail between Skyline Ridge and Long Ridge Preserves; volunteer Bo Gimbal has built most of this new trail with his tractor. • The balance of the ranger staff completed bicycle patrol training in April. Two additional bicycles were also added to the fleet bringing the total to six bicycles. • Foothills staff completed major restoration of the Toyon Trail and realigned the Seven Springs Trail at Fremont Older Open Space Preserve. The Fern Trail has also been reopened at Fremont Older. • Field staff received training in communicable disease prevention, Lyme disease and Hantavirus, wildlife handling, volunteer leadership, and a variety of other occupational safety issues. • Staff has organized and supervised three special volunteer work days at El Corte de Madera Open Space Preserve in conjunction with the Responsible Organized Mountain Pedalers and others. • Docents, Outdoor Education Leaders, and Nature Center Volunteers have contributed a total of 1,292 volunteer hours since April 1. • Preserve Partners, special project volunteers, and community groups have contributed a total of 2,302 hours of field and office work. In addition, 40 Volunteer Trail Patrol members have contributed 1,248 hours patrolling the preserves. Mid-Year Program Evaluation 1996-1997 13 1996-1997 Field Qpgrgfiqns Subprogram Objective To provide responsible stewardship of all District lands by furnishing those public safety, maintenance, and resource protection services necessary and appropriate for effective management of District lands. Key PLQjects 1. Operations Manual Update - Revise operations manual to include Open Space Technicians, Lead Open Space Technician, and Equipment-Mechanic Operator positions. Update ranger sections to include new procedures not yet formally placed in document. Develop standing orders system to draft, review, and implement directives not included in the operations manual. PROGRESS: • Work is underway on several new sections for inclusion in the Operations Manual including bicycle patrol, scheduling, and uniforms. 2. Special Use Policies - Develop draft special use policies for Board adoption. Work with the Use and Management Committee to develop draft. Concentrate on public agency and private non-profit special uses. PROGRESS: • Staff is reviewing and editing the draft document. Staff plans to present the draft to the Use and Management Committee before the end of the fiscal year. Other priorities have delayed significant progress on this project. 3. Deer Hollow Farm - Work closely with City of Mountain View and Santa Clara County Parks and Recreation Department to provide for the continued operation of Deer Hollow Farm. PROGRESS: • In September, the District, the City of Mountain View, and Santa Clara County entered into a three-year agreement for the operation of Deer Hollow Farm. A regular full-time Farm Maintenance Worker was hired in October. Mid-Year Program Evaluation 1996-1997 14 1996-19 7 Volunteer and Docent Subprogram O 'ectiv To encourage active public participation in the maintenance, restoration, and protection of the District's natural resources, and provide cultural, historical, and environmental education opportunities to the public. Key Projects 1. Environmental Education - Implement the new environmental education program for school children. Recruit and train additional outdoor education leaders to accommodate more school groups. Investigate methods of providing transportation to school classes needing financial assistance to expand participation in the environmental education programs. PROGRESS: • In March 1996, staff and volunteers implemented Spaces and Species: Exploring Natural Communities, an environmental education program for grades 4-6. Approximately 500 school children participated in this program at Skyline Ridge and the Daniels Nature Center last spring. School groups have reserved all but one of the available fall field trip dates. • Fourteen volunteers completed the initial training program last year. Ten additional volunteers are participating in the current training session, which began in September. Staff estimates that the District will be able to provide field trips for about 750 students in spring 1997. • Staff is exploring potential ways to provide transportation for classes that cannot afford buses. 2. Daniels Nature Center - Work with Planning staff to design and install exhibits. Develop and set up seasonal and temporary displays. Continue to seek grant funding for exhibits and offer public nature programs at the nature center. Recruit and train volunteers to staff the nature center at least one weekend day per week. PROGRESS: • The first phase exhibits have been installed. The second phase exhibits are currently being designed and are expected to be installed by March. • Staff continues to seek funding for the nature center exhibits. To date, the District has received a $5,000 donation from Peninsula Open Space Trust and a $25,000 contribution from a private donor. • Since April, the nature center has been staffed by volunteers and open to the public on Sundays. The center will be closed on Sundays during the winter months. Mid-Year Program Evaluation 1996-1997 15 PUBLIC AFFAIRS PROGRAM Subprograms A. General Public Information and Outreach B. Legislative, Funding, and Organizational Relations To Implement the BASIC POLICY OBJECTIVE: The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage public communication and involvement in District activities. General Program Emphasis for 1996-1997 Maximize the general public's awareness and understanding of the District, its goals, and its activities, by reaching all communities served and all target audiences with District information. Staff Resources (Regular, full-time positions unless otherwise indicated) Public Affairs Manager Public Affairs Assistant PROGRESS: • At the mid-year point, 10 slide presentations have been made throughout the community, and 10 displays have been set up and staffed, reaching thousands of District constituents. • In addition to the District's 14,000-name mailing list, the two newsletters and one annual report produced since April were mailed to 15,000 random addresses within targeted zip codes, resulting in hundreds of new subscriptions. • The District fact sheet was mailed to over 5,000 members of the nine chambers of commerce to which the District belongs. • A total of 21 press releases were distributed, and a significant level of media coverage resulted. • The planning department developed a very popular new South Skyline Regional Map, featuring trail connections among six open space preserves. This was publicized via a press release and on the internet, and was distributed to the media, elected officials, other agencies, and to hiking, biking, equestrian, and recreation retailers. It continues to be distributed to the public through field staff and from the administrative office. Mid-Year Program Evaluation 1996-1997 16 1996-1997 General Public Information and Outreach Subprogram Objective To generate additional support among the general public for completing the greenbelt by increasing the positive perception and awareness of the District's mission, objectives, accomplishments, programs, and effective management of public lands and financial resources. Key Projects 1. Public Events - Implement an event in May, 1996 dedicating the Stegner memorial bench; implement the outdoor environmental festival, This Land is Your Land -A Day in Open Space, at Skyline Ridge Open Space Preserve in June, 1996. PROGRESS: • The Stegner bench commemoration event took place on Sunday, May 19 and was well-attended. It received moderate media coverage. • This Land is Your Land took place on Sunday, June 9, and was attended by approximately 1,000 people, and met or exceeded all objectives. 2. Kids' Art of Open Space - Schedule and coordinate the third event to take place no later than March 31, 1997. PROGRESS: • The first planning meeting for this event took place on October 10 with representatives of the Community School of Music and Arts. It is anticipated that the event will conclude with a reception in early March, 1997. 3. Annual Report - Publish a District 1995-1996 Annual Report by May 24, 1996, followed by three regular issues of Open Space News. PROGRESS: • The 1995-1996 Annual Report was completed and distributed by the target date. The fall issue of Open Space News also went out on time, and production schedules for the winter and spring issues have been prepared. Mid-Year Program Evaluation 1996-1997 17 1996-1997 Lep-islative. Funding, and Organizational Relations Subprogram Objec To carry out the high priority elements of the District's legislative plan and to inform other public agencies and private organizations about the District's activities and goals. Key Ur jects 1. Lobbying Efforts - Work with the General Manager and the District's Sacramento lobbyist to preserve current and future state funding for the District, and to carry out elements of the District's legislative plan. PROGRESS: 0 The District took positions on two other Assembly bills, six other Senate bills, and a constitutional amendment. The District also applied for and sought legislative support for a number of grants. 2. Protection Of District Funding - Work with East Bay Regional Park District to provide for long-term protection of District funding, including possible modification of appropriate Public Resources Code sections. PROGRESS: 0 East Bay Regional Park District, the lead agency involved in developing this issue, has not pursued it during the most recent legislative session. It is believed that agency will proceed with the issue when the legislative climate improves. 3. Regional Funding - Work with San Mateo County, the Bay Area Open Space Council, the Planning and Conservation League, and others to develop and support potential regional or other alternative funding mechanisms. PROGRESS: • The District was very active on the San Mateo County Sales Tax Committee, which was attempting to get AB3239 and then SB1838 passed, to put a parks, open space, schools, and library sales tax on the ballot. While this bill passed a number of committees, it failed to gain sufficient support by the legislative leadership to be placed on the ballot. Should this issue be revived, the District will continue to be active in its support. The District continues to participate in regional funding discussions with the Open Space Council, although there no new opportunities have been identified. As new opportunities or proposals evolve through the Open Space Council, the Planning and Conservation League, or other entities, the District will take an active role in supporting and assisting in their development. Mid-Year Program Evaluation 1996-1997 18 4. California Constd-0.10nal Revision Commission - Work .,-.d the General Manager, the Board President, and the Legislative, Finance, and Public Affairs Committee to follow developments of the California Constitutional Revision Commission, provide input to the Commission and State legislature as appropriate, and develop a District position on the Commission's final recommendations. PROGRESS: 0 The District tracked the progress of this issue, with assistance from the District's legislative advocate in Sacramento. The District's position on selected elements of the proposals, particularly related to special districts and changes to other local government entities, was submitted to the Commission. The final recommendations were not placed on the November 5, 1996 ballot. The District will continue to monitor this issue into the next legislative session. Mid-Year Program Evaluation 1996-1997 19 ADMINISTRATION PROGRAM To Implement the BASIC POLICY OBJECTIVE: The staff of the District will administer the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. General Program Em phasis for 1996-1997 Instill vision and provide leadership to foster staff participation and activities to carry out the District's short and long-term goals and objectives. Maintain the District's viability as an open space acquisition and management agency in light of limited funding. Focus efforts on working with the Planning Department, all staff, and the Board in development of the Regional Open Space Plan. Staff Resources (Regular, full-time positions unless otherwise indicated) General Manager Legal Counsel (part-time) Controller (one-quarter time) Administrative Services Manager/District Clerk Research Attorney Administrative Analyst Office Manager/Secretary to the General Manager Accounting Specialist Secretary (position currently vacant; one-half time) Receptionist PROGRESS: • Largest, most creative, and most beneficial piece of financing in District's history approved in June. • The General Manager, management team, and all staff put in focused efforts during first six months of fiscal year to carry out District activities prescribed in the Action Plan. • Planning team continued to grow and refine its efforts as a self-managed work team. • District mission statement and Basic Policies revision, the initial components of the Regional Open Space Plan, nearing completion. Mid-Year Program Evaluation 1996-1997 III 20 1996-19 7 Administration Program O ' ti To provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board's policies and directives, to implement the Strategic Plan, and to maintain the District's viability as an open space acquisition and management agency. Key Projects 1. District Funding - Work to preserve current and future state funding for the District. Continue to provide multi-year information/scenarios on District's long-term finances, including bonded indebtedness and cash flow, and to address the need to rely on the availability of grant funds for major development projects. Pursue alternate sources to secure additional funding the District to meet acquisition and open space management needs, including, if feasible, a 1996 note issue for critical open space acquisitions. PROGRESS: • In June, Board approved the issuance of Midpeninsula Regional Open Space District 1996 refunding promissory notes in a principal not to exceed $18,700,000 and approved the formation of the Midpeninsula Regional Open Space District Financing Authority with Santa Clara County. • The Financing Authority authorized the issuance of up to $30,200,000 Midpeninsula Regional Open Space District Financing Authority 1996 Revenue Bonds. • Controller M. Foster and the General Manager, working with Stone & Youngberg and Orrick, Herrington & Sutcliffe, orchestrated this largest, most creative, and most beneficial piece of financing the District has ever done. 2. Human Resources - Carry out District's personnel and labor relations functions. Enhance organizational effectiveness through increased communications, staff meetings, retreats, workshops, training seminars, and team building activities. PROGRESS: • Hiring process completed for Planning Secretary, Receptionist, Resource Management Specialist, Volunteer Coordinator, Public Affairs Assistant, Farm Maintenance Worker, Lead Open Space Technician, and Open Space Technician positions. Hiring process for Equipment Mechanic-Operator is nearly complete and is underway for Operations Analyst. • n h Employee i Program Training sessions through CONCERN o ee Assistance ro ra have g g P Y g included a Humor in the Workplace seminar for all staff, and various team- building meetings for selected staff as needed. Back fitness training for all Mid-Year Program Evaluation 1996-1997 21 staff is scheled in December, and non-discriminau,,tt training will be scheduled after the first of the year. • Provided leadership in planning and implementing various events, including the annual staff picnic and the Board's annual staff recognition event. • Have not completed proposed revisions to the salary incentive award program; substance abuse policy is nearing final completion. • Various staff committees remain active (staff safety committee, employee forum, field uniform committee, and fun committee), and staff newsletter (Staff Stuff) is issued approximately every two months. 3. Joint Meetings - Coordinate joint meetings with the Board of Directors, the Park and Recreation Commissioners of Santa Clara County, and the Board of Directors of the Santa Clara County Open Space Authority, to discuss topics of mutual interest. Hold joint meetings with key parks and recreation department staff at San Mateo and Santa Clara Counties to facilitate interagency cooperation and communication. PROGRESS: • Staff anticipates that the proposed joint meeting with Santa Clara Parks and Recreation Commissioners and Open Space Authority directors will be deferred to 1997-1998 fiscal year so that meeting can focus on presentation and discussion of District's Regional Open Space Plan. • General Manager has been meeting regularly with Patrick Sanchez, San Mateo County Parks and Recreation Director, and his counterpart, Paul Romero, in Santa Clara County. 4. Regional Open Space Plan - Work with the Board of Directors, Planning Program, and all District staff to prepare a plan providing a clearer vision for the future of the District. • Staff workshops held in April and June to review Basic Policy revisions and District Mission Statement. Staff members C. Bruins, D. Danielson, and C. Beckman formed a subcommittee to draft an alternate Introduction for the Basic Policy. • Board held a Special Meeting Workshop on October 30 to review proposed Mission Statement, revised Basic Policy, and confirm next steps in the Development of Regional Open Space Plan. Mid-Year Program Evaluation 1996-1997 22 OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations and Special Projects B. Enterprise To Implement the BASIC POLICY OBJECTIVE: The District will purchase or otherwise acquire interest in the maximum feasible amount of strategic open space within the District planning areas. General Program Emphasis for 1996-1997 As a result of limited acquisition funding, the program effort will continue to focus on the most critical, highest priority projects. Lower priority properties will be pursued through long-term options, available grant funding, bargain sales and gifts. Continued efforts will be made to clear and perfect title to existing District lands. The District will continue to work with the Peninsula Open Space Trust (POST) to acquire land and further the District's overall open space acquisition goals. The enterprise sub-program will also receive continued focus on maximizing rental income and maintaining and improving District rental structures. Staff Resources (Regular, full-time positions, unless otherwise indicated) Land Acquisition Manager (vacant position) Real Property Representative Secretary - Open Space Acquisition (shared half-time with Planning Program) PROGRESS: • The District acquired 224 acres of open space lands since April 1, 1996 including the 63-acre POST (Liles) property and the 161-acre Wells and Cutten properties in Sierra Azul Open Space Preserve. Mid-Year Program Evaluation 1996-1997 1996-1997 Negotiations and Special Projects Subprogram Objective To provide for the acquisition of all real property rights necessary to secure a recreational and open space greenbelt in the foothills and baylands, including rounding out and improving public access to existing preserves and connecting District preserves with other public lands. Key Projects 1. Grants, Gifts and Bargain Sales - Focus on acquiring the highest priority, most critical properties, which enhance public access to existing preserves, and connect with other preserves and other public lands, through available grant funding, bargain sales, and/or gifts where possible. PROGRESS: • The 63-acre POST (Liles) property was acquired as an addition to the Cathederal Oaks Area of the Sierra Azul Open Space Preserve for $255,000. POST had acquired the property in 1992 for eventual sale to the District. Environmental Enhancement Mitigation grant funds totaling $113,500 covered approximately 45% of the purchase price. • The District acquired a 5/8th interest in the 161-acre Wells and Cutten property for $100,000 as an addition to the Kennedy-Limekiln Area of the Sierra Azul Open Space Preserve. This property includes a portion of the Bay Area Ridge trail and is adjacent to the District's Rancho de Guadalupe property. The District had previously obtained gifts for a 1/8th interest in the property. The remaining 1/4th interest will most likely be acquired by a quiet title action. • The District re-acquired the 12-acre life estate interest (former Bach estate) from Bank of America Properties for $275,000 as part of the Skyline Ridge Open Space Preserve. The District has been unsuccessful in negotiating a long-term leasehold interest arrangement in the property in its "as is condition." The District secured approval from FEMA and the State Office Of Emergency Services to proceed with repairs of the driveway which was washed out during the 1995 winter storms. When road access is restored, District will continue to market this property for a life estate buyer or a long- term leasehold interest. 2. Options - Obtain Board approval on appropriate long-term options, at market prices or less, to acquire desirable properties that might be affordable in future years should the District be successful in obtaining additional funding for land acquisition. PROGRESS: • No long-term options were obtained during first six months of fiscal year. Mid-Year Program Evaluation 1996-1997 2 3. Sell Surplus Prope-Pies - Complete the successful auction - e of the "Teague Hill surplus property. Also complete the sale of the "Thornewood" surplus property following Board approval. These transactions will help fill a critical funding gap for additional land purchases. PROGRESS: • The District entered into a contract with John and Susan Dean for the sale of the Thornewood surplus property for $600,000. The District acquired this property in 1986 for $260,000, but surrounding residential development made potential trail alignments infeasible. The sale of this property is to close escrow on or before November 4, 1996. • District has completed site studies and preliminary engineering for three proposed lots on the Pinto Way parcel at Teague Hill. 4. Trail Easements - In order to conserve existing, limited funding, focus on obtaining trail easements that link District preserves and other public lands, enhancing public access to open space and furthering the completion the Bay Area Ridge Trail and Bay Trail systems. PROGRESS: 0 District received a $49,000 grant from the Habitat Conservation fund for a trail acquisition along the Old Page Mill Road across the Silva property. The proposed trail would connect Skyline Ridge Open Space Preserve to Portola State Park. Mid-Year Program Evaluation 1996-1997 3 1996-1997 Enterprise SubprogramObjectiv To manage all of the District's revenue producing activities in such a way as to maximize income from enterprise accounts consistent with Open Space Management policies, incorporating compatible new programs when possible. Key Projects 1. Administer Enterprise Accounts - Administer leases and rental properties, consistent with open space management policies, to maintain and enhance revenue stream through competitive and current rate structure, effective maintenance programs and communication with tenants. PROGRESS: • The District's residential properties continue to be popular and are fully occupied. 0 The former McDonald ranch house and ranch foreman trailer were converted to enterprise residences increasing the annual rental income from this property by $9,600. 2. Maintain Rental Structures - Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to increase net rental income. Administer long term and reoccurring maintenance priorities on rental properties. PROGRESS: • Repairs and maintenance of Enterprise and employee residences is ongoing with most of the deferred maintenance items resolved. 3. Identify and Pursue Alternative Lease Arrangements - Investigate long term leasehold interest agreements and alternative lease arrangements for the appropriate enterprise properties to enhance net income to the District in accordance with Board policy. PROGRESS- 0 District is currently pursuing long-term or alternative lease arrangements for enterprise properties (Bean, Smith, Bach/Bullis residences) in response to increased public interest. Mid-Year Program Evaluation 1996-1997 4 4. Administer Histori., Agricultural and Grazing Leases - _,/ersee lease compliance and renovation requirements on District historic leases. Evaluate and establish criteria for selecting and administering a new historic leasehold interest for the Thornewood property. Monitor existing agricultural and grazing uses in accordance with use and management process. PROGRESS: • District entered into a six-month interim rental agreement with Jim Steinmetz on the historic Tliornewood residence. This agreement provides for rental credit when specific repairs to the main residence are completed. • District staff continues to work with the Stortzes to meet historic renovation deadlines. District staff, the Board's ad hoc Picchetti Review Committee and the Stortzes will meet to discuss and hopefully resolve use permit and public access issues. Mid-Year Program Evaluation 1996-1997 5 ADDENDUM OPEN SPACE PLANNING PROGRAM PROGRESS ON OTHER PROJECTS AND ACTIVITIES 1996-1997 The addendum provides a summary of other projects and activities described in the Action Plan and Relative Site Emphasis that are in-progress or have been completed this fiscal year. The summary includes projects (shown in italics) that have been undertaken but were not anticipated at the beginning of the fiscal year. These projects have been initiated or completed since April 1, 1996. Regional and Long-Term Planning Subprogram • Expanded trail use database to include all recorded incidents beyond those related to trail use. • Filled Resource Management Specialist position, determined coordination and supervision responsibilities, prepared draft Resource Management work program. • Implemented computer graphics program to produce in-house maps and exhibits is currently underway. • Redefined grassland management study scope to become invasive exotic plant inventory, initiated project, contracted with consultant. • Participated on West Valley Hillsides Preservation Strategies joint agency project (Santa Clara County), Santa Cruz Mountains Bioregional Council, and Bay Area Ridge Trail • Established parameters for acquiring and managing NASA trail easement. • Commented on San Mateo County Edgewood Park Master Plan, Novitiate communications tower. • Supported legal counsel in formulating agreement for Sheldon Road trail easement acquisition, and Holmes patrol road. • Evaluated impacts of Cal Trans plans for improvements along Thornewood Preserve and on the impacts of illegal grading near Saratoga Gap Open Space Preserve and near Thornewood Open Space Preserve, and POST's Thysen property. • Submitted successful application for a National Recreational Trails Fund grant for Phase H Trail Construction at El Corte de Madera Creek Open Space Preserve. • Secured grant from California Trail and Greenways Foundation for Picchetti Creek restoration; project substantially complete. • Submitted two applications to Habitat Conservation Fund and Environmental Mid-Year Program Evaluation 1996-1997 23 Enhancement Mitit,--on Program for acquisition of POST „ 'hysen property. • Worked with Real Property Representative to preserve District interests in potential sale of Slobe property at Windy Hill and life estate at Skyline Ridge (Bach). • Prepared acquisition reports for purchase of Shannon, Wells, Cutten, and Young. • Reviewed Russian Orthodox Convent proposal and researched potential property acquisition. • Completed analysis of proposed land exchange at Sierra Azul. • Completed evaluation and prioritization of potential District-wide acquisitions. • Completed investigation of potential additions to Monte Bello, Long Ridge, and Windy Hill, and sale of Thornewood parcel. • Participating in Santa Clara County task force for trails planning at Almaden Quicksilver County Park; attending quarterly informal meetings with regional planners. • Improved annual process for developing Planning Work Program, focusing on increasing input from field staff, revise plan showing project managers. • Held two public workshops with Use and Management Committee to develop District- wide rock climbing policies. • Worked with Greenbelt Alliance and Digital Mapping Project in qp ating GIS maps with District lands. Site Planning Signs, Maps and Brochures • Installed bulletin boards at El Corte de Madera and Rancho San Antonio. • Completed new brochures for Picchetti Ranch Area, and South Skyline Regional Area, new Sierra Azul and St. Joseph Hill brochures underway. • Completed computerized map for Pulgas Ridge. • Computerization process underway for El Corte de Madera Creek. • Installed new entrance sign for Ravenswood Open Space Preserve. • Coordinated intern project to devise sign inventory form. • Installed new directional signing at Picchetti Ranch Area, Fremont Older, Sierra Azul, and St. Joseph's Hill. Staging Areas and Trail Projects • Completed Fern Trail, Seven Springs Trail realignment, Toyon Trail drainage work. • Completed realignment of Eagle Trail extension at Windy Hill. Mid-Year Program Evaluation 1996-1997 24 • Redesigned and co.—.mcted rock wall crossing on Bald K>.- , Trail at Purisima Creek. • Fremont Older long-term parking studies underway; initial screening completed, discussions underway with other agencies on selected alternatives. • Completed preliminary parking study in Duveneck Windmill Pasture Area. • Discussed potential joint parking project at Jacques Ridge with Santa Clara County Parks and Recreation. Nature Center • Contracted to complete Phase H exhibits for the Daniels Nature Center, ordered cabinets and bookshelves, taxidermy mounts and study skins. Infrastructure • Completed plans, finalizing specifications for seismic upgrade of the shop building at Rancho San Antonio field office. • Worked with Portola Valley to review Alpine Road repair impacts on Windy Hill. • Constructed Stegner bench and installed bronze plaque at Long Ridge. Resource Management • Completed grassland study at Russian Ridge, action plan implementation underway. • Construction started on oak mitigation project at St. Joseph's Hill. Worked with native plant nursery to collect acorns and native plants for propagation. Grants • Submitted grant close-out documents for County of Santa Clara Historical Heritage Commission for the Grant Cabin interior restoration project. Held dedication event was in July. Special Permits & Uses • Started public process to prepare rock climbing plan for Devils Canyon on Long Ridge; to be completed in conjunction with District-wide rock climbing policies. • Completed review of dog access at Windy Hill completed, survey in progress regarding impact of Pulgas off-leash area. • Extended paraglider special use permit, worked with operations,hang glider and paraglider representatives to revise special use permits. • Completed analysis of hanggliding proposal for Balk Mountain area of Sierra Azul. Demolition and Site Clean-up • Completed demolition of Black Mountain Cabin at Monte Bello. • Completed four clean-up and demolition projects at Sierra Azul. Mid-Year Program Evaluation 1996-1997 25 Regional Open S, ce a R-96-122 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-23 November 13, 1996 AGENDA ITEM Determine Whether to Submit Amicus Brief in Action by Driscoll Ranches, LLC, to Quiet Title to Sears Ranch Road and Other Public Roads near La Honda Creek Open Space Preserve LEGAL COUNSEL'S RECOMMENDATION Determine whether to submit Amicus Brief in San Mateo Superior Court Case No. 394055 by Driscoll Ranches, LLC to quiet title to Sears Ranch Road and other public roads near La Honda Creek Open Space Preserve. DISCUSSION Driscoll Ranches, LLC, has sued San Mateo County to establish that certain roads passing through his property are private roads with no rights in the public. The roads at issue are immediately south and west of the District's 1200-acre La Honda Creek Open Space Preserve. They could be important components of a trail system linking La Honda Creek Open Space Preserve, Sam MacDonald County Park, and the town of La Honda. Oral argument, originally set for November 4, 1996, has been rescheduled for December 16, 1996. The parties have agreed to the facts of the case so the suit will be resolved entirely by analysis of the law. Resolving the legal issues may be difficult as it involves analysis of antiquated statutes. The Driscolls maintains that none of the roads through the Driscoll property have been recently maintained or promoted as public roads, and further that none were legally established as public roads. San Mateo County is of the opinion that the law establishing them as public roads was constitutionally sound. The District may support San Mateo County in its efforts to establish the roads as public roads, thus preserving the availability of public trail routes. The District proposes to focus on one or two legal issues and submit an amicus brief in support of the County. In focussing on legal issues of general importance to the District, as well as those specific to this case, the District may be able to help clarify the legal issues involved and illustrate the appropriate application of the law. The amicus brief will be prepared by staff. Prepared by: Diane Blackman, Research Attorney Susan Schectman, Legal Counsel Contact person: Susan Schectman, Legal Counsel 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 m 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 Sh ce ----------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-96-117 Meeting 96-23 November 13, 1996 AGENDA ITEM Cancellation of November 27 Regular Meeting and Schedulin November 20 Special Meeting GENERAL MANAGER'S RECOMMENDATION: 1. Cancel your November 27 Regular Meeting. 2. Schedule a Special Meeting for Wednesday, November 20 beginning at 7:00 P.M. DISCUSSION j Section 1.10 of your Rules of Procedure states that if a regularly scheduled meeting occurs on the evening before Thanksgiving, the Regular Meeting shall be rescheduled or canceled. The November 27 Regular Meeting falls on the evening before Thanksgiving. It will be necessary to have two Board meetings in November. I recommend you schedule a Special Meeting for Wednesday, November 20, 1996 beginning at 7:00 P.M. at the District's Administrative office. The Board will meet in Closed Session from 7:00 to 7:30 P.M. Prepared by: Jean H. Fiddes, District Clerk Contact person: Same as above 330 Distel Circle . Los Altos, CA 94022-1404 Phone:415-691-1200 s FAX:415-691-0485 4 E-mail:mrosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Regional Open S. c -------------------- MIDPENINSULA.REGIONAL OPEN SPACE DISTRICT R-96-118 Meeting 96-23 November 13, 1996 AGENDA ITEM Denial of Lawrence Anthony Wargo Claim Against the D' ct GENERAL MANAGER'S RECOMMENDATION Deny the claim against the District filed by Lawrence Anthony Wargo. DISCUSSION Mr. Lawrence Anthony Wargo of Rancho Cordova has filed a claim against the District for personal injury and property damage as the result of a bicycle accident which occurred on April 17, 1996 on Kennedy Trail in Sierra Azul Open Space Preserve. A copy of the claim which describes the incident is attached to this report. The Government Code requires that claims for damages be presented to a public agency within six (6) months of the incident. The District then has 45 days to determine whether to approve or deny the claim. Upon denial of a claim, a claimant has six (6) months to determine whether to proceed with legal action. District legal counsel has reviewed this claim and recommends it be denied. There does not appear to be a basis to impose liability upon the District for this claim. Prepared by: Jean Fiddes, District Clerk Sue Schectman, Legal Counsel Contact person: Jean Fiddes, District Clerk 330 Distel Circle s Los Altos,CA 94022-1404 Phone:415-691-1200 d FAX:415-691-0485 . E-mail:mrosd@netcom.com rt7 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:I_.Craig Britton 1 LAW OFFICE OF THOMAS J. BRANDI THOMAS J. BRANDI 153208 2 TERENCE D. EDWARDS #168095 44 Montgomery Street, Suite 1050 3 San Francisco, California 94104 Telephone: (415) 989-1800 4 Attorneys for Claimant 5 LAWRENCE ANTHONY WARGO 6 7 8 CLAIM OF: 9 LAWRENCE ANTHONY WARGO, ) NO. 10 ) Claimant, } CLAIM FOR PERSONAL INJURIES 11 ) [Government Code §910] V. ) 12 ) MIDPENINSULA REGIONAL OPEN ) 13 SPACE DISTRICT, CITY OF LOS ) GATOS, CITY OF SAN JOSE, ) 14 COUNTY OF SANTA CLARA, STATE } OF CALIFORNIA, ) 15 ) Defendants. ) 16 ) 17 TO THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, CITY OF 18 LOS GATOS, CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF 19 CALIFORNIA: 20 Claimant LAWRENCE ANTHONY WARGO, claims damages from the 21 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, CITY OF LOS GATOS, 22 CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. 23 (a) Claimant's post office address is: 2414 LaLoma, Rancho 24 Cordova, CA 95670. 25 (b) The post office address to which Claimant desires 26 notices and other communications to be sent is c/o Law Offices of 27 Thomas J. Brandi, 44 Montgomery Street, Suite 1050, San 28 Francisco, California 94104 . 1 1 (c) On April 17 , 1996 at approximately 6: 30 p.m. , Claimant 2 was riding his bicycle in the Sierra Azul Preserve on Kennedy 3 Trail approximately 2 . 3 miles from the trailhead at Kennedy Road 4 when his bicycle struck a rut or rail in the trail, throwing 5 claimant to the ground and proximately causing physical and 6 emotional injuries and loss of property. 7 The accident was caused by the MIDPENINSULA REGIONAL OPEN 8 SPACE DISTRICT, CITY OF LOS GATOS, CITY OF SAN JOSE, COUNTY OF 9 SANTA CLARA, STATE OF CALIFORNIA and/or their employees for 10 reasons including, but not limited to, acts and/or omissions 11 which resulted in: 12 • failure to warn of, and/or prevent and/or correct a 13 "dangerous condition" (a condition of property that creates 14 a substantial (as distinguished from a minor, trivial or 15 insignificant] risk of injury when such property or adjacent 16 property is used with due care in a manner in which it is 17 reasonably foreseeable that it will be used) on, or 18 immediately adjacent to, public property; 19 * failure to provide and/or maintain an adequate and safe road 20 surface; 21 9 failure to maintain the road surface in a safe condition; 22 * failure to properly inspect the road surface in question; 23 * failure to warn of the absence of an adequate and safe road 24 surface; 25 * failure to properly select, hire, retain and train 26 maintenance personnel regarding proper maintenance and 27 upkeep of the road surface in question; 28 • failure to provide adequate warnings to bicyclists of the 2 1 presence of ruts and/or rails in the immediate vicinity of 2 the road surface in question; 3 • failure to provide adequate signs, signals, and other 4 warnings advising bicyclists of the presence of ruts and/or 5 rails and the absence of safe and adequate road maintenance; 6 * design and/or maintenance, control, or construction of an 7 unsafe and dangerous road surface; 8 9 failure to warn of, and/or prevent and/or correct an unsafe 9 and dangerous curve in the road surface; 10 * failure to provide and/or construct and/or maintain a safe 11 road surface; 12 9 failure to prevent and/or correct and/or warn of an unsafe 13 and dangerous ruts and/or rails in the road surface; 14 * failure to adequately warn of a dangerous and unsafe 15 condition; 16 9 The government entity had actual and/or constructive notice 17 of the dangerous condition a sufficient amount of time prior 18 to Claimant's injuries to have taken measures to have 19 protected the public against the dangerous condition. 20 In light of the notice to the government entities and their 21 agents and employees, defendants' failure to adequately sign 22 or otherwise warn of the dangerous condition of the road, 23 the failure to post adequate signs or other warning devices 24 to guard or warn against the dangerous condition of the road 25 surface caused a trap to exist for people riding bicycles at 26 or near the accident site; 27 - - - 28 (d) As far as is known at the time of the presentation of 3 1 this claim, Claimant claims damages for his personal injuries, 2 medical costs, lost wages, as well as property loss and/or damage 3 and other damages arising therefrom. 4 (e) The name or names of the public employee or employees 5 causing the injury, damages or loss is unknown. 6 (f) The amount claimed exceeds ten thousand dollars 7 ($10, 000) as of the date of the presentation of this claim. 8 The jurisdiction over the claim would rest in Superior 9 Court. 10 11 Date: October 16, 1996 LAW OFFICES OF THOMAS J. BRANDI 12 13 By: TERENCE D. EDWARDS 14 Attorney for Claimant 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 RegionalOpen ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: November 13, 1996 SUBJECT: FYI 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 NOV 13 '96 10:41 RAYCHEM INTL SALES 234 P01 !�P RESPONSIBLE ORGANIZED MOUNTAIN PEDALERS P.O. Box 1123, Campbell, CA 95009-1723 November 13, 1996 Douglas P. Wheeler,Secretary State of California Resources Agency 1416 Ninth Street,Suite 311 Sacramento,CA 95814 Dear Mr. Wheeler: Responsible Organized Mountain Pedalers(ROMP)would like to express our support for the Midpeninsula Regional Open Space District's Environmental Enhancement and Mitigation Program grant application for the Lobitos Creek Headwaters Acquisition Project. This grant will help the District acquire a 481 acre property adjacent to its Purisima Creek Redwood Open Space Preserve in San Mateo County. The acquisition of this land will provide significant mitigation for the environmental impacts of the proposed State Highway 92 Transportation Improvement Project,which will widen a 2.1 mile section of the road. The widening project will result in the substantial loss of riparian, wetland,and oak woodland habitat. The acquisition of the Lobitos Creek property will lessen the impact of the road widening. The property to be acquired includes the headwaters of Lobitos Creek,which is crucial to the population of steelhead trout,and which is crucial habitat for the threatened red-legged frog. It includes redwood and Douglas fir forests,coastal chaparral,and grassy ridges, is prime deer and mountain lion habitat,and supports several California Species of Special Concern. Acquisition will permanently protect these unique habitats. As an addition to Purisima,it will enhance the wildlife viewing opportunities,panoramic views to the Pacific,and rugged terrain,making this area an even more attractive destination to bicyclists,hikers,and equestrians. ROMP is an organization dedicated to education for safe and responsible use of mountain bicycles. We were formed in 1986 and currently have over 250 members. ROMP is the IMBA (International Mountain Biking Association)affiliated advocacy organization for San Mateo and Santa Clara Counties in the San Francisco Bay Area of California. We urge you to ensure that the Midpeninsula Regional Open Space District receives funding for the Lobitos Creek Headwaters Acquisition Project. Sincerely, _;ete�rPDonohue ROMP Director of Public Relations cc- Midpeninsula Regional Open Space District BARBARA BOXER 1700 MONTGOMERY STREET CALIFORNIA SUITE 240 SAN FRANCISCO,CA 94111 COMMITTEE ON ENVIRONMENT (415)403A100 AND PUBLIC WORKS 2250 EAST IMPERIAL HIGHWAY 'United �6tatcs `nat` SUIDO,CCOMMITTEE ON BANKING, ..((���'" "` EL SEGU SUITE 45 90245 HOUSING,AND URBAN AFFAIRS CJJ���� HART SENATE OFFICE BUILDING (310)414-5700 COMMITTEE ON THE BUDGET 525 B STREET SUITE 112 SUITE 990 WASHINGTON, DC 20510-0505 SAN DIEGO,CA 92101 (202)224-3553 (619)239-3884 2300 TULARE STREET SUITE 1 November 12, 1996 FRESNO,CA 93721 (209)497-5109 Nonette Hanko President, Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Dear Mr. Wheeler: I write to express my strong support for your grant applica- tion for the Lobitos Creek Headwaters Acquisition Project. I am informed that this grant will help the District acquire a 481-acre property adjacent to its Purisima Creek Redwoods Open Space Pre- serve in San Mateo County. I understand that acquisition of this land will provide significant mitigation for the environmental impacts of the pro- posed State Highway 92 Transportation Improvement Project. I am further informed that the property in the Acquisition Project includes the headwaters of Lobitos Creek, which is a critical habitat for steelhead trout and the threatened red-legged frog. The headwaters of Lobitos Creek contains rare redwood and Douglas fir forests, coastal chaparral and grassy ridges . It is also prime deer and mountain lion habitat and supports several California Species of Special Concern. Acquisition would permanently protect these unique habitats . Moreover, it would enhance the area' s wildlife viewing opportunities, panoramic views of the Pacific Ocean and rugged terrain, making Lobitos Creek an even more attractive destination for hikers, bicyclists and eques- trians . I want you to know that I fully support your application for grant funds which would aid in the protection of these vital resources . Sincerely, Q 44t_.." r -- Ba bara Boxer United States Senator BB/sc/gd PRINTED ON RECYCLED PAPER julia.bottgsfsierra, 4 :10 PM 11/11/96, Mill Cr. c Watershed From: julia.bott@sfsierra. sierraclub.org Date : Mon, 11 Nov 96 16 : 10 : 30 Encoding: 1346 Text To : mrosd@openspace .org Subject : Mill Creek Watershed November 11, 1996 Board of Directors MRSOD On behalf of the Loma Prieta Chapter, I am writing to inform you that the resolution below was approved by the Chapter' s Conservation Committee on October 28th and the Chapter' s Executive Committee on November 6 . Thank you for your continued consideration of this important issue . s/ Julia Bott Chapter Director Loma Prieta Chapter Resolution supporting Friends of Mill Creek Watershed Whereas the 288 acres located west of Skyline approximately 2 . 5 miles south of Hwy. 92 has significant natural resources, including 2 watersheds; Whereas this site has great potential for public recreation including connecting several parks and access for the disabled; and Whereas public access and parking can be provided from a safer location elsewhere; and Whereas the site is proposed for significant development including a convent, retreat center, houses for support staff, commercial activities, and a 24 car parking lot; and Whereas the scale of development is inconsistent with adjacent land use, and Whereas, the acquisition has local support and will provide great public benefit; Be it Resolved that the Loma Prieta Chapter supports the acquisition of this property, through any means necessary, by the Midpeninsula Open Space District . II Printed for Malcolm-- Smith <mrosd@openspace.org> 1 Claims No. 96-19 Meeting 96-23 Date: Nov. 13, 1996 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1101 41.31 Acorn Naturalists Resource Documents 1 102 166.71 A-1 Sanitation Sanitation Services 1 103 139.69 Randy Anderson Reimbursement--Vehicle Expense and Field Supplies 1104 185.86 Arne' Sign & Decal Co., Inc. Vehicle Decals 1 105 53.71 A T & T Telephone Service 1106 2,000.00 Bay Area Open Space Council Membership Dues 1 107 199.77 Beck's Shoes, Inc. Uniform Boots 1 108 15.00 Best Internet Communications Monthly Internet Service 1109 201.44 Blauer. Uniform Expense 1110 5,375.76 Brian Kangas Foulk Survey and Civil Engineering Services-- Teague Hill Property 1111 1,289.83 L. Craig Britton Reimbursement--Land Trust Alliance Conference and Meal Conference 1112 458.32 Carleen Bruins Reimbursement--Conference Expense 1113 147.34 California Water Service Company Water Service 1114 28.63 Capitol Enquiry Inc. Resource Documents 1115 168.50 *1 Dave Chapman ATV Training Instructor 1116 1,810.00 Sheryl Marioni Cochran Planning Consulting Services 1117 425.39 Annette Coleman Reimbursement--Field Supplies 1118 200,000.00 Commonwealth Land Title Young Acquisition 1119 253.60 Communications & Control, Inc. Mt. Umunhum P G & E Pump 1120 80.00 *2 Concern Seminar--D.Sanguinetti and A. Coleman 1 121 312.84 Patrick Congdon Reimbursement--Field Supplies 1 122 84.42 Conney Safety Products Field Safety Supplies 1 123 417.50 Con's Backhoe & Lumber Water Line Repair--McDonald Ranch 1 124 119.00 Council on Education in Management Subscription Renewal 1125 1,653.53 Craftsmen Printing Environmental Awareness Poster Printing 1 126 4,500.00 Dana Property Analysis Property Appraisal Service 1127 81.34 Deluxe Business Forms Office Forms 1 128 1,335.00 Department of Water Resources Annual Dam Fees-Skyline 1129 2,423.10 Diamond Cabinets, Inc. Cabinets--Daniels Nature Center 1 130 208.07 Dyna-Med Field Safty Supplies 1130 895.31 John Escobar Reimbursement--NRPA Conference 1 131 65.00 *3 ETS EMT Recertification--K. Miller 1132 2,820.00 Flinn Gray & Herterich Insurance Coverage 1133 1,596.32 Foster Bros. Security Systems, Inc. Locks and Keys 1 134 951.52 Fry's Electronics Office Supplies--HP Scanner 1 135 62.40 G & K Services Shop Towel Service 1 136 350.63 Goodyear Auto Service Center Tire Repair and Tires 1 137 142.12 Grainger Field Supplies 1 138 111 .85 GTE Mobilnet Cellular Telephone Service 1139 319.27 Guy Plumbing & Heating, Inc. Enterprise Rental Plumbing Repair 1140 684.21 Virg Harkins Signs *1 Urgent Check Issued October 31, 1996 *2 Urgent Check Issued October 23, 1996 *3 Urgent Check Issued November 7, 1996 Page 1 � . Claims No. B8- 8 � K8eetng9G-23 Date: Nov. 13. 1Q8R K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1141 120.00 Institute of Computer Technology Class Registration--D. Topley 1142 378.58 Jodi Isaacs Reim bunnenmont''ConferenceExpense 1143 1.507.77 JmdmPub|iootions' Inc. Brochure Printing 1144 729.42 Kaiser Cement Corporation 8ammrook 1145 103.20 JohnKovvo|oahi Reim buromnnent--ConferenceAirfare 1148 1'438.07 Lanier Worldwide, Inc. Copier Machine Lease and Toner 1147 995.00 Land Trust Alliance Rally '9G Confmrnnne-BrittonandVViUiemns 1148 61.50 Judy Law Vehicle Expense ! 1149 304.17 Los Altos Garbage DurnpsterRenta| 1 150 315.00 Town of Lon Gatos Construction Management Services-- Skyline Field Office 1151 279.58 Lucent Technologies AT0kT Maintenance Service 1 152 1'052.40 W1ervvin A. Mace Acquisition Consulting Services 1153 390.00 K8arioK4cGough Consulting Services--Accounting 1 154 203.63 Paul McKovvon Reinnburammnmnt-Field Supplies and Vehicle Expense 1 155 262.91 McGrath RentCorp Skyline Ranger Office Rental � 1 150 190.93 K8offm1 Supply Company Sanitation Supplies � 1157 4'000.00 °4 Nmvaronw |ndumtrieo' Inc. Postage � 1 158 19.50 Netuonn Shell Monthly Internet Service 1 159 194.35 Netstmr1' Inc. Computer Repair Service 1160 40.09 Noble Ford Tractor, Inc. Tractor Part 1161 47.27 Northern Energy Propane 1102 1'359.92 Pacific Bell Telephone Service 1163 286.74 Peninsula Blueprint, Inc. B|uehneo' Prints and Copies 1 184 112.77 PIP Printing Newsletter and Brochure Printing 1 165 7.45 Pitney Bowes Credit Corporation Mailing Machine Tex Fee 1 188 17'046.07 Platypus Studio Phase || Nature Center Exhibit Deposit 1187 3.000.00 Town of Porto|a Valley Planning Department Retainer 1108 12.87 Precision Engravers Name Tag Engraving 1109 28.55 Rancho Cobb|er6k Cleaners Boot Repair 1170 1.49 Rancho Hardware Shop Supplies 1 171 34.13 Rayne Water Conditioning Water Service 1 172 30.00 Rich's Tire Service Tire Repair � 1 173 801.70 Reed 8' Graham Inc. Road Repair Materials 1 174 1'320.08 Roy'o Repair Service Vehicle Repair and Maintenance 1 175 795.40 Russ Enterprises, Inc. Signs and Decals � 1176 185 �8 Safety-�|nen Solvent Tank Service � � � � 1177 1,470.00 Jane Planning i 1 178 337.80 San Jose Mercury News Recruitment Advertisement 1 179 407.83 San Francisco Newspaper Agency Recruitment Advertisement 1180 511.75 Susan Schectrnan Reimbursement--Conference Expense 1181 250.00 James Scott Arbohst--Raport and Tree Survey 1 182 162.37 Shell [>i| Fuel 1 183 1'823.78 John Shelton, Inc. CVkx»rta 1184 169.17 Skyline County Water District Water Service °4 Urgent Check Issued November 7' 1990 � Page ° - ' ' ~ Claims No. 96-19 Meeting96-23 Date: Nov. 13. 1996 NY|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 1185 1,500.00 Sutter Equipment Company /rox Machine Rental 1186 600.00 TaoTempm TmrnponaryRennptioniat 1 187 34.840.00 Tag Group Corporation Construction Connpony-8ky|ine Office 1 188 1'308.00 Target Specialty Products Weed Abatement Chemicals 1189 2.183.20 Taylor Rental Equipment Rental 1190 133.88 TranmConn Corporation Vehicle Equipment and Repairs 1181 33.53 Unocal Fuel 1182 773.00 U.S. Rentals Hw|d Equipment Rental 1193 1'155.00 Bisa Vitanza Consulting Services--Contracting 1194 379.45 VVearEivard Uniform Expense 1135 117.53 West Coast Aggregates, Inc. Bameroch � 1196 158.11 The Workingman's Emporium Uniforms � 1197 1'019.26 Mike Williams Roirnburoennent—Land Trust Alliance � Conference and Vehicle Expense 1198 300.00 Roberta Wolfe Recording Services 1199 130.59 Ymrdbird Equipment Sales Equipment Repair Parts Total 319'774.31 Page 3 � � � ' ^ Claims No. Q8-1g K8mmbngSG-23 Date: Nov. 13, 1986 Revised K8|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1101 41.31 Acorn Naturalists Resource Documents 1102 166.71 A-1 Sanitation Sanitation Services 1103 139.69 Randy Anderson Rminnburnmnnmnt-Vehic|eExpnnoeend Field Supplies 1104 185.80 Arne' Sign & Decal Co.' Inc. Vah|n|n Decals 1 105 53.71 A T-& T Telephone Service 1100 2'000.00 Bay Area Open Space Council Membership Dues � 1107 193.77 Beck's Shoes, Inc. Uniform Boots 1108 15.00 8nmt Internet Communications Monthly Internet Service 1109 201.44 8|aumr. Uniform Expense 1110 5.375.76 Brian Kangao Fou|k Survey and Civil Engineering Servineo- Teague Hill Property l 1 1 1 1'289.83 L. Craig Britton Reimbursement--Land Trust A||ienoo Conference and Meal Conference 1112 458.32 Cor|een8ruins Reim burmennont-Conf ere ncnExpense 1113 147.34 California Water Service Company Water Service 1114 28.63 Capitol Enquiry Inc. Resource Documents 1115 188.50 °1 Dove Chapman ATV Training Instructor 1116 1'810.00 Sheryl MarioniCochran Planning Consulting Services 1117 425.39 Annette Cn|omnun Reimbursement--Field Supplies 1118 200,000.00 Commonwealth Lend Title Young Acquisition 1119 253.50 Communications & Control, Inc. Mt. Unnunhurn P G Q' E Pump 1120 80.00 °2 Concern Sern|nar-D.SanQuinetti and A. Coleman 1121 312.84 Patrick Congdon Reimbursement--Field Supplies 1122 84.42 Conney Safety Products Field Safety Supplies 1123 417.50 Con'nBmokho* & Lumber Water Line Rnpair-K8nDone|dRanch 1 124 119.00 Council on Education in Management Subscription Renewal 1 125 1'853.53 Craftsmen Printing Environmental Awareness Poster Printing 1126 4'500.00 Dona Property Analysis Property Appraisal Service 1 127 81 .34 Deluxe Business Forms Office Forms 1 128 1'335.00 Department of Water Resources Annual Dern Fees-Skyline 1129 2.423.10 Diamond Cabinets, Inc. Cabinets--Daniels Nature Center 1 130 208.07 Dyno-K8ed Field Safty Supplies 1130 895.31 John Escobar Reimbursement-NRPAConferonoe 1131 85.00 °3 ETS EK4l' Recertification--K. Miller 1132 2'820.00 Flinn Gray & Herterich Insurance Coverage � 1 133 1'598.32 Foster Bros. Security Systems, Inc. Locks and Keys 1134 951.52 Fry'oBectronioo Office SuppUes-HPScanner 1135 62.40 G & K Services Shop Tnxva| Service 1 130 350.63 Goodyear Auto Service Center Tire Repair and Tires 1 137 142.12 Grainger Field Supplies 1 138 111.85 GTE KXnbi|net Cellular Telephone Service 1139 319.27 Guy Plumbing & Heating, Inc. Enterprise Rental Plumbing Repair 1140 684.21 Virg Harkins Signs °1 Urgent Check Issued October 31, 1996 °2 Urgent Check Issued Ootober23. 1996 °3 Urgent Check Issued Novomnber7, 1996 Page 1 / ����� Claims No. 98-10 MeetinAS6-23 Date: Nov. 13. 1098 Revised K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1141 120.00 Institute of Computer Technology Class Registration--D. Topley 1142 378.58 Jodi Isaacs Reim burmonnent-ConfenanooExpense 1143 1.507.77 JedaPub|1oatinnn. Inc. Brochure Printing 1144 723.42 Kaiser Cement Corporation 8aaemook 1 145 103.20 John Kovva|eoki Reimbursement--Conference Airfare 1146 1.438.07 Lanier Worldwide, Inc. Copier Machine Lease and Toner 1147 995.00 Lend Trust Alliance Rally '96 Conference—Britton and Williams 1148 61 .50 Judy Lmvv Vehicle Expense 1148 304.17 Los Altos Garbage OunnpsterRomda| 1150 315.00 Town of Los Gatos Construction K8anoDennnnt Services-- Skyline Field Office 1 151 279.58 Lucent Technologies A T fk T Maintenance Service 1 152 1,052.40 ��ervvin A K8eco Acquisition Consulting Services A. � 1 153 390.00 K4orim McGough Consulting Services--Accounting 1 154 203.63 Paul K4oKovvan Reimbursement--Field Supplies and Vehicle Expense 1 155 282.91 K8oOngh RontCorp Skyline Ranger Office Rental 1156 190.93 K8offet Supply Company Sanitation Supplies 1157 4'000.00 °4 Navorone |ndumtries. Inc. Postage 1158 19.50 Notoomo 8hd| Monthly Internet Service 1159 194.35 Nntstart. Inc. Computer Repair Service � 1100 40.09 Noble Ford Tractor, Inc. Tractor Part 1161 47.27 Northern Energy Propane ' 1162 1'359.92 Pacific Bell Telephone 8nn/ioe � 1163 286.74 Peninsula Blueprint, Inc. B|ue|inaa' Prints and Copies � 1 184 112.77 PIP Printing Newsletter and Brochure Printing 1 105 7.45 Pitney Boxvna Credit Corporation Mailing Machine Tax Fee � 1166 17.040.87 Platypus Studio Phase || Nature Center Exhibit Deposit � � 1 107 3'000.00 Town of Portoe Valley Planning Department Retainer 1 188 12.87 Precision Engravers Name Tog Engraving � 1109 28.55 Rancho Cobbler & Cleaners Boot Repair � � 1170 1.49 Rancho Homdvvona Shop Supplies � � 1171 34.13 Rayne Water Conditioning Water Service � 1 173 30.00 Rich's Tina Service Tina Repair 1 173 801.70 Reed & Graham Inc. Road Repair WYetaha|a 1 174 1'320.08 Roy'm Repair Service Vehicle Repair and Maintenance 1 175 795.40 Russ Enterprises, Inc. Signs and Deno|m 1176 185.58 Safety-0een Solvent Tank Service 1 177 1.470.00 Jan* Sabrnen Planning Consulting—Parking Lot Studies 1 178 337.80 San Jose Mercury News Recruitment Advertisement 1 179 467.82 San Francisco Newspaper Agency Recruitment Advertisement 1 180 511.75 Susan Soheotmnan Reimbursement--Conference Expense 1 181 250.00 Jannmo Scott Arbnrimt-RepomL and Tree Survey 1 182 162.37 Shell [)i| Fuel 1 183 1'823.78 John Shelton, Inc. Culverts � 1184 109.17 Skyline County Water District Water Service . °4 Urgent Check Issued November 7' 1996 ./ / Page 2 / . ` ^ Claims No. 96-18 Meeting 96-2 Dote: Nov. 13, 1996 Revised K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 1185 1,500.00 Sutter Equipment Company Trail Machine Rental 1186 600.00 Tac TonnVo Temporary Receptionist 1187 34,840.00 Tag Group Corporation Construction Company--Skyline Office 1 188 1'308.00 Target Specialty Products Weed Abatement Chemicals 1189 2'182.20 Taylor Rental Equipment Rental � 1 180 133.88 TronuComn Corporation VeNo|o Equipment and Repairs � � 1191 33.53 Unocal Fuel 1 182 773.00 U.S. Rentals Field Equipment Rental � 1 193 1.155.00 Bisa Vkanza Consulting Services--Contracting � 1194 379.45 VVemrGuond Uniforn, Expense 1 195 117.53 VVoot Coast Aggregates, Inc. Baoarock 1196 158.11 The Workingman's Emporium Uniforms 1 137 1.019.20 Mike Williams Reimbursement--Land Trust Alliance Conference and Vehicle Expense 1 198 300.00 Roberta VVo|fn Recording Services � 1199 130.59 Yardbird Equipment So|no Equipment Repair Ports 120OR 18.000.00 Dian* Holmes & The Law Offices of Settlement Agreement � Robert J. Logan � 1201R 448.58 Petty Cash Office Supp|ims, Local Business Meeting,, � Resource Documents, Vehicle Expense � and Field Supplies � Total 330.222.90 � � � � � � Page Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: November 8, 1996 SUBJECT: FYI i 330 Diste) Circle Los Alt A 94 22-1404 Phone:415-691-12 0 . FAX:41 - 1- 4E-mail:C s Altos,C 0 0 5 69 0 85 E mrosdQnetcom.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 �I Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 7, 1996 Ross Finlayson 397 I-lope St. Mountain View, CA 94041 Dear Mr. Finlayson: Please join us to celebrate the completion of phase one of the Trails Plan at El Corte de Madera Creek Open Space Preserve! Mark your Calendar for Saturday, November 16 at 3:00 p.m. As a result of your hard work and volunteerism, iic\v trails are scheduled to open following a volunteer project on November 16. The new trail system provides access, fora greater variety of users, restores the land, and improves the safety of the trails. These trails are available to hikers, bicyclists, and equestrians and offer an improved circulation pattern. I hope that you can join District stall, Board members, volunteers, and others for all int'Ornial celebration and opening ceremony to take place at the Resolution Trail (A5) trail head (map enclosed) at 3:00 p.m. on Saturday, November 16, 1996. You can be among the-first to hike or ride the new trails! Parking is-available at Skeggs Point. Refivshnients will be provided. And, as a small "thank you" for those that have been involved in this project, the District has a special gill for each participant. Rain will cancel the evcrit. I look forward to seeing you on November 16! Sin er This letter was mailed to: Gene Sheehan Kevin Avery Ross Finlayson Paul Muench Nigel Ray Todd McGee Kevin Maher Paul Bloom L. Craig Britton Berry Stevens Dave Eglinc iton General Manager Bob Kain John Phelan Barrie & Kathie Freeman Aichael Fuhrer LCB/nics Patty Ciesla Bo Gimbal Peter Luptovic Gilbert Hayse Brad Smith Mike Gin Doug Landaver Marc LeGettr Alex Herrera ' Bill Reeves Craig Leverault Akkana Peck John Lincoln Jane Taylor Linda Wegner Cynthia Mitchel Karl Kneip Art Fisher Ernest Breakfield Dawn & Roger Rintala Shawn Storm Glenn Wegner David Kascht Ken Felton Phil Rosenthal Ben Rosenbloom Wes Taylor Hal & Kim Massey Tom Proett Tom Ghan 330 Distel Circle Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 E-mail:mrosd@netconixon) 0 Bo,udot Otto tots:Pete Siemens,Mary C.Davey, levn.i I lenshaw,David T.Sinemoff, Nonelte I lanko,Betsy Crowder,Wim de Wit Gonord A lao,)got:I.Craig Britton NOV-05-1996 11:47 SMC BOARD OF SUPERVISORS. 415 599 1027 P.02 f? U 6 E' N 6 A R R A L E 9 MEMBER BOARD OF SUPERVISORS November 5, 1996 Douglas P.Wheeler,Secretary State of California Resources Agency 1416 Ninth Street,Suite 1311 Sacramento,CA 95814 SUBJECT: Midpeninsula Regional open Space District Lobitas Creek Headwaters Acquisition Project Grant. Dew Mr.Wheeler: I would like to express my strong support for the Midpeninsula Regional Open Space DistricVs Environmental Enhancement and Mitigation Program grant application for the Lobitos Creek Headwaters Acquisition Project. This grant will help the District acquire a 48 1-acre property adjacent to its Purisim8 Creek Redwoods Open Space Preserve in San Matto County. The acquisition of this land will provide significant mitigation for the,environmental impacts of the proposed State Highway 92 Transportation Improvement Project,which will widen a 2.1 mile section Of that road- The widening project will result in substantial loss of riparian,wetland,and Oak woodland habitat. By acquiring this property,the impact of that toss can be somewhat lessened The property to be acquired includes the headwaters of Lobitos Creek,which is crucial to the population Of steculcad trout and which is critical habitat for the threatened red legged frog. It includes redwood and Douglas fit*forests,coastal chaparral,and grassy ridges,is prime deer and mountain lion habitat d supports several California Species of Special Concern, Acquisition will permanently protect these unique habitats. As an addition to Purisima it will enhance the wildlife viewing opportunities,panoramic views to the pacific,and rugged terrain,Making this area an even more attractive destination for hikers,bicyclists,and equestrians. This project Will provide signir related pro add ican,environmental mitigation rela to the lughway project,and will an immediate and significant enhancement to both resource and recreational values. I urge you to ensue that the MldpcninsWa Regional Open space District receives funding for the Lobitos Creek Headwaters Acquisition Project. Sincerely, 7 Ruben Barrales President San Mateo County Board of Supervisors cc:Midpeninsula Regional Open Space District REDWOOD CITY, CALIFORNIA 9�A(303 HALL OF jUSTICE & RECORDS 363 1916 nIRFC-.T 415 363 A570 EAST PALO ALTO 473 9611 * FAX TOTAL P.02 Regional Open S, re MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 5, 1996 Mr. Thomas Judson 1525 West Oakland, Space 54 Hemet, CA 92543 Dear Mr. Judson: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for your most recent generous donation to Save-the- Redwoods League for an additional redwood grove in the District's Purisima Creek Redwoods Open Space Preserve. It's my understanding that you will be reversing the names of the two groves. We are happy to assist the Save-the-Redwoods League in making this change. Your very generous gift goes a long way in helping to preserve this beautiful natural heritage. As always, we are pleased to be able to provide the site for commemorative groves such as this. Again, thank you for your contribution-to Save-the-Redwoods League. Sincerely, Nonette Hanko, President Board of Directors NH/mcs cc: MROSD Board of Directors Dave Sanguinetti, MROSD Mary deBeauvieres, MROSD Mary A. Angle-Franzini, Save-the-Redwoods League 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail:mrosd@netcom.com 19 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 TOM CAMPBELL WASHINGTON OFFICE: 15TH DISTRICT,CALtFCRVA 2221 RAYBURN BUiLOING COMMITTEE ON BANKING WASHINGTON,DC 20515 PHONE:(202)225-2631 AND FINANCIAL SERVICES NCIV F x: 202)225-6788 S-SCOMNI-EE5 E-MAIL:CAMPBELL@HR.HOUSE.GOV P--AL JNSTITUr'0^.S A',CONSUME-C-ED DISTRICT OFFICE: Z)CMES-C AND INTE-A-C­ 910 CA%4PISI WAY,SUITE 1C MCNETA-FIOLCI CA"PSELL,CA 95008 PRONE 1408)371-7337 COMMITTEE ON Congre.59; of the Ziniteb *tateg; FAX: 1408)371-7925 INTERNATIONAL RELATIONS 1" KARIN MIRANDA PIPKIN S,8CQ­­,ES gouge of Repregentatibeg CLIEF OF STAFF AL ECONOMIC PC-C AND T.A.E A-CA November 4, 1996 Ms. Nonette Hanko President, Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Ms. Hanko, Thank you for updating me about the Mid peninsula District's recent grant requests through the State's Habitat Conservation Fund (HCF) and Environmental Enhancement and Mitigation Program (EEMP). I'm always delighted to offer my support of the District's effort enhance the public's access to open space. The District in cooperation with other organizations do an outstanding job in promoting public access to open space while maintaining the environmental quality of our natural resources. It is my understanding that this grant money would help secure the 48 1-acre Peninsula Open Space Trust (POST) Lobitos Creek property. I am a little confused by the two grant requests coming concurrently about the acquisition of the same amount of funding for the same property. I would appreciate your clarification, please. As I understand it, POST has agreed to sell the Lobitos Creek property to the District for $500,000 (a $1.2 million discount from the original price $1.7 million). I applaud the District's effort to secure this property -- at a substantial discount, no less. But, could you explain why it is necessary for the MROSD to purchase this parcel as it is already in public trust? I can understand that the Lobitos Creek headwaters would provide a marvelous addition to the District's Purisima property, but doesn't the public already have access to these adjacent lands? You are indeed correct to point out the savings to the public given the $1.2 million discount on this property, but wouldn't such a grant be better applied to another (high-priority) piece of land within the district boundaries? I always stand ready to offer my support to the District in its efforts to protect the public's resources, but I would appreciate your clarification of these issues at your earliest convenience. I look forward to your reply. Thank you. Sincerely, Tom Camp ell Member of Congress TC:dgc/cb PRINTED ON RECYCLED PAPER Regional Open S. :e 2 1 A� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 31, 1996 Mr. Leo Himmelsbach 1765 Lorenzen Drive San Jose, CA 95124 Dear Mr. Himmelsbach: Thank you for your October 2 letter. As you know, we talked on the phone prior to my receiving your letter. I understand that you have spoken with the District's general manager, Craig Britton, who reiterated that the District's acquisition efforts are focused on rural areas, as opposed to properties located in urbanized settings. In any event, with very limited funds available and many other crucial lands already at great risk throughout the District, the dairy would not be a priority acquisition for us. I'm sorry that the District can't be of any direct assistance in the preservation of Claravale Dairy. As Craig mentioned, this issue may be more suitable for a private non-profit land conservation agency or community fundraising organization. I know you've already spoken with Peninsula Open Space Trust. The other comparable agencies with which the District deals; such as the Sempervirens Fund, the Save-the-Redwoods League, and others, are focused on specific types of acquisitions, which are probably not compatible with a historic dairy. You might contact the Santa Clara County Historical Heritage Commission; which can provide grants for historical restoration among other things. Another idea is to contact business associations, I believe there is a California Dairy Association and a California Cattlemen's Association. There may be other statewide or national groups involved in advocating farming or agricultural activity that might have some advice. Additional publicity in the Bay Area media might also be of some value. Perhaps an on-site news conference featuring kids milking cows, and demonstrating community support would help raise awareness and bring in more funds. I wish you the best of luck in raising the funds to preserve and maintain this historical treasure. Please keep me informed of the status of your efforts. Sincerely, Nonette Hanko, President Board of Directors NH/mcs cc: MROSD Board of Directors 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton SACRAMENTO OFFICE COMMITTEES STATE CAPITOL ROOM 4032 CHAIRMAN: SACRAMENTO,CA 95814 HOUSING&LAND USE t9 16)445-6747 MEMBER: (91 6)323-4529 FAX %I.Ialifornia S' tate S' enate BUDGET&FISCAL REVIEW CHIEF OF STAFF SUBCOMMITTEE NO.4 - KIP LIPPER SENATOR EDUCATION DISTRICT OFFICES JUDICIARY 702 MARSHALL STREET BYRON D. SHER NATURAL RESOURCES SUITE 290 REDWOOD CITY,CA 94063 &WILDLIFE (415)364.2080 ELEVENTH SENATORIAL DISTRICT (415)364-2102 FAX 5589 WINFIELD BOULEVARD SUITE 102 d- SAN JOSE.CA 95123 (408)226-2992 (408)226-2996 FAX FIELD COORDINATOR BETSY BLAIS SHOTWELL October 30, 1996 Mr. Douglas P. Wheeler, Secretary State of California Resources Agency 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 Re: Midpeninsula Regional Open Space District Lobitos Creek Headwaters Acquisition Project Grant Dear Mr. Wheeler, I would like to express my strong support for the Midpeninsula Regional Open Space District's proposed State Highway 92 Transportation Improvement Project,which will widen a 2.1 mile section of that road. The grant would help the Open Space District acquire a 48 1-acre property adjacent to its Purisima Creek Redwoods Open Space Preserve in San Mateo County. A The acqui.sitior.oftliiis laid vAill, Prov.:"e Signiflica-Ant n.itigatimn for the cirvircinrn.enia! impact of the proposed State Highway 92 Transportation Improvement Project. The widening project will result in the substantial loss of riparian,wetland,and oak woodland habitat. The acquisition of this property would lessen the impact of the widening project. The property to be acquired includes the headwaters of Lobitos Creek,which is crucial to the population of steelhead trout,and which is critical habitat for the threatened red- legged frog. It includes redwood and Douglas fir forests,coastal chaparral, grassy ridges, prime deer and mountain lion habitat,and supports several California Species of Special Concern. These valuable assets will be permanently protected with this acquisition. As an addition to Purisima, it will enhance the wildlife viewing opportunities, panoramic views to the Pacific,and rugged terrain,making this area an even more attractive destination for hikers,bicyclists, and equestrians. This project will provide significant environmental mitigation related to the highway project,and will add an immediate and significant enhancement to both resource and recreational values. I urge you to ensure that the Midpeninsula Regional Open Space District receives funding for the Lobitos Creek Headwaters Acquisition Project. Sincerely, BYRON D. SHER Senator, I Ith District BDS-jfh TED LEMPERT October 29, 1996 Sdn Mdteo County Supervisor Douglas P. Wheeler, Secretary State of California Resources Agency 1416 Ninth Street, Suite 1311 Sacramento CA 95814 Subject: Midpeninsula Regional Open Space District Lobitos Creek Headwaters Acquisition Project Grant Dear Mr. Wheeler: I would like to express my strong support for the Midpeninsula Regional Open Space District's Environmental Enhancement and Mitigation Program grant application for the Lobitos Creek Headwaters Acquisition Project. This rant will help the District acquire a 481 acre roe adjacent to its Purisima g p q property rtY J Creek Redwoods Open Space Preserve in San Mateo County. The acquisition of this land will provide significant mitigation for the environmental impacts of the proposed State Highway 92 Transportation Improvement Project, which will widen a 2.1 mile section of that road. The widening project will result in the substantial loss of riparian, wetland and oak woodland habitat. By acquiring this property, the impact of that loss can be i somewhat lessened. The property to be acquired includes the headwaters of Lobitos Creek, which is crucial to the population of steelhead trout and critical habitat for the threatened red-legged frog. It includes redwood and Douglas fir forests, coastal chaparral and grassy ridges, is prime deer and mountain lion habitat, and supports several California Species of Special Concern. Acquisition will 0 Sq� s County Government Center — Hall of Justice and Records U • , O 401 MA SHALL R STREET REDWOOD CITY CALIFORNIA 406 9 3 O 6 G 5 DIRECT LINE 6 -4 6 COASTSIDE 728-0 72 • FAX 6 -I I6 �'DED �$ 3 3 5 9 3 3 3 9 w permanently protect these unique habitats. As an addition to Purisima, it will j enhance the wildlife viewing opportunities, panoramic views to the Pacific and rugged terrain making this area an even more attractive destination for hikers, bicyclists and equestrians. This project will provide significant environmental mitigation related to the highway project and will add an immediate and significant enhancement to both resources and recreational values. I urge you to ensure that the Midpeninsula Regional Open Space District receives funding for the Lobitos Creek Headwaters Acquisition Project. Sincere d Lempert Supervisor, 3rd District TL:jb cc: Midpeninsula Regional Open Space District i SEMPERVIRENS TEL :415-968-0713 Oct 29 .96 14 :09 No .003 P .02 I$ %A W0d IWO 0 0 Sernpervimns Fund Et* V Drawer BE, Los Altos, CA 94023-4054 415/96&4509 Fax 415/968-0713 For&w preservation of redwood lands Board of DLnecton Enen C,Weaver President October 28, 1996 John D.Ux"Tcft vice President Michael S. Bartonsecretary Gew L Gyorey Treasurer Douglas P. wheeler, Secretary Chris W,Beewuis State of California Resources Agency Robeft A Bryan 1416 Ninth Street, Suite 1311 Mary C.Davey G4 V.Hemanciez Sacramento, CA 95814 Harry W.Hind Claude A Look Befty B.Ross Re: Midpeninsula Regional Open Space District Lobitos Dinham$herer Mchard P.Wheat M.D. Creek Headwaters Acquisition Project Grant Stephen N.WyckoK George Courns Honorary vice prnoem Dear Mr. wheeler: Howard King HonoraryVicePresicient Thomas K.McCarthy I would like to express my strong support for the Hon—Y Vce Presiclem Midpeninsula Regional Open Space District's Environmental spo— Enhancement and Mitigation Program grant application for c"e Arbucide the Lobitos Creek Headwaters Acquisition Project. This sonley m.sarnes AK�n F.&own grant will help the District acquire a 481-acre property ROW V BT&Nn adjacent to its Purisima Creek Redwoods Open Space Preserve Mrs.RobW&j#w FrederwA Clark in San Mateo County. James R.Compton ~Crittenden Mrs.Morris M.Doyle The acquisition of this land will provide significant RobW B.Flint Jr. mitigation for the environmental impacts of the proposed Robert H.C-4efSfff Edward C*WM State Highway 92 Transportation Improvement Project, which Michael D.Green will widen a 2.1-mile section of that road. The widening Wilum R.Hemen Leo A Hoefer project will result in the substantial loss of riparian, P-na$clnyKe c-bode Jay wetland, and oak woodland habitat. By acquiring this Donr" Robw C,Kvkwwd property, the impact of that loss can be somewhat lessened. Betty Jones xroeber memn B.Lane Mrs,Howe Liugmn The property to be acquired includes the headwaters of PLawn Lvermore Pa Lobitos Creek, which is crucial to the population of u Incaw Si. Mrs.1.S.Mark steelhead trout, and which is critical habitat for the own McHenry threatened red-legged frog. It includes redwood and Robe Brian n:Mcw"aNeill Douglas fir forests, coastal chaparral, and grass ridges, Martym Pactard0-V is prime deer and mountain lion habitat, and supports' D&M Buty Prior several California Species of Special Concern. Acquisition Robert C.ftn" cam i.Schm& will permanently protect these unique habitats. As an Kirk SMilh addition to Purisin-a, it will enhance the wildlife viewing Mrs.Jean S.Steinharcil: A"W,sty" opportunities, panoramic views to the Pacific, and rugged perad vearw terrain, making this area an even more attractive Jennie Verarclo Keith AM.Walkerdestination for hikers, bicyclists, and equestrians. A"son r3ndei T.Mau Dods 1horam Nmwicler Lowry Betsy am shommil MAC"E.soU* Stephen M.Stevick Ezecu**Dkedw ver"H.Clausen M,Aed an Recycled POW SEMPERVIRENS TEL :415-968-0713 Oct 99 .96 14:09 No .003 P .03 Y This project will provide significant environmental mitigation related to the highway project, and will add an immediate and significant enhancement to both resource and recreational values. I urge you to ensure that the Midpeninsula Regional Open Space District receives funding for the Lobitos Creek Headwat Acquisition Project. Sincerel , Verlyn H. Clausen Executive Director cc: Midpeninsula Regional open Space District WASHINGTON OFFICE COMMITTEE ON COMMERCE 308 CANNON BUILDING SUBCOMMITTEES: WASHINGTON,DC 20515-0514 TELECOMMUNICATIONS AND FINANCE (202)225-8104 OVERSIGHT AND INVESTIGATIONS annagram@hr.house.gov Anna (D, (fgboo AL WHIP DISTRICT OFFICE 14tb Migtrict, (California -CHAIR, 698 STREET Congre�g of the Nniteb *tateg MEDICAL TECHNOLOGY CAUCUS PALO ALTO, ,C CA 94301 (415)323-2984 (408)245-2339 �)auv of Aeprefsentatibeg Washington, MC 20515-0514 October 28, 1996 The Honorable Douglas P. Wheeler, Secretary State of California Resources Agency 1416 Ninth Street, Suite 1311 Sacramento, California 95814 Dear Secretary Wheeler, I write to express my strong support for the Midpeninsula Regional Open Space District's Environmental Enhancement and Mitigation Program grant application for the Lobitos Creek Headwaters Acquisition Project. This grant will help the District acquire a 481-acre property adjacent to its Purisima Creek Redwoods Open Space Preserve in San Mateo County. The acquisition of this land will provide significant mitigation for the environmental impacts of the proposed State Highway 92 Transportation Improvement Project, which will widen a 2.1 mile section of that road. The widening project will result in the substantial loss of riparian, wetland, and oak woodland habitat. By acquiring this property, the impact of that loss can be lessened. This property includes the headwaters of Lobitos threatened red-legged frog, redwood and Douglas fir forests, coastal chaparral, and grassy ridges. It also represents prime deer and mountain lion habitat, and supports several California Species of Special Concern. This acquisition will permanently protect these unique habitats. As an addition to Purisima, it will also enhance wildlife viewing opportunities, panoramic views to the Pacific, and rugged terrain, making this area an even more attractive destination for hikers, bicyclists, and equestrians. This project will provide significant environmental mitigation related to the highway project, and will add an immediate and significant enhancement to both resource and recreational values. I urge you to ensure that the Midpeninsula Regional Open Space District receives funding for the Lobitos Creek Headwaters Acquisition Project. Sincerely, AK G. Eshoa f Member of Congress V cc: Midpeninsula Regional Open Space District THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS Regional Open Sace 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 28, 1996 Mr. Severo M. Ornstein Poon Hill 2200 Bear Gulch Road Woodside, CA 94062 Dear Mr. Ornstein: Thank you for your October 3, 1996 follow-up letter concerning La Honda Creek Open Space Preserve. The District's Board of Directors reviewed your letter at our October 23 Regular Meeting. As you can see from the enclosed map, parking along Bear Gulch Road is not encouraged. Instead, vehicle access to the preserve is by written permit only with parking available in the interior of the rp eserve (see enclosed map). Your concerns about bicycles being allowed on the short segment of Bear Gulch Road that enters the preserve are not only valid, but are supported by Board policy which discourages public use on short trail segments that lead to private property. Therefore, staff will be changing the signage to state that bicycling is not permitted on this road. Thank you for drawing this problem to our attention. Regarding the potential for connection of the La Honda Creek and El Corte de Madera Creek Open Space Preserves, we are always looking for ways to link the open space preserves. There are a number of ways to accomplish this. Purchase of property rights, both fee simple or easement is one way. In this particular case, we may also consider trail use of a short section of the public road to make a future connection between the two preserves. However, we have no immediate plans for any of these options. Our planning and trail construction efforts are being put to work elsewhere. The issue of linking the two preserves will most likely be addressed when a use and management plan is prepared for La Honda Creek Open Space Preserve. We will add your name to our mailing list for this preserve and notify you of any upcoming P g u omin pubic meetings on this issue. Sincerely, i Nonette Hanko, President Board of Directors cc: Board of Directors 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton r MPENINSULA REGIONAL OPEN SPACE DISTRICT A Honda Creek Op Space Preserve Nritten Permit Re uired For Vehic Access bpttng \1 WUNDERLICH PARK : q u e,-- ' d l SKYLINE BLVD. : \ 71,-- - - „•'a Airw (.. + BEAR GULCH RD dk 10 f ALLEN RD.: PRIVATE _ l NO PUBLIC HIKING OR RIDING ALONG_ ALLEN RD. _ t EL CORTE s C `� ' R 1, 61 DE MADERA 00p it � - -', 1 �tt•� OPEN SPACE PRESERVE NO PUBLIC ACCESS , r / ' BEYOND THIS POINT ', ;' • ��" , PRESER ..f � VE ENTRY GATE <� � All . tt! z•, .3 _ 51 PF3IVATE PROPERTY ] t r - \ N0•C BIG TREE `' CLOSED AREA `� } :BEYOND r•ri :. ' C ,PULLOUT 0.6 SK- 0.2 CARETAKERS :r PRIVATE --� Cam"`. -�- ✓ -` PROPERTY NO PARKING ALONG `O 4" ` ALLEN ROAD OR \��•. I OUTSIDE PRESERVE f I GATE Feb 1996 [� h R Regional Open Spce 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 24, 1996 Sandy Nichols The Trail Center 3921 E. Bayshore Road Palo Alto, CA 94303 Dear Ms. Nichols: iapplication t w ou re uestin a letter of support for the Open Space District's s rant 0 Last month I rote to Y requesting Pp P P b the Habitat Conservation Fund (HCF), for the Lobitos Creek Headwaters Acquisition Project. Thank you for your efforts on our behalf. In order to maximize our opportunities for additional funding, we've also applied to another grant source for that same acquisition project. The more recent application is for a$500,000 Environmental Enhancement and Mitigation Program(EEMP)grant. The District will use these funds to help acquire a 481-acre property as an addition to the Purisima Creek Redwoods Open Space Preserve. As you'll recall,the District will leverage grant funds with a$1.2 million discount on the purchase price. The property is currently owned by the Peninsula Open Space Trust(POST). This acquisition will help mitigate the environmental impacts of the proposed State Highway 92 Transportation Improvement Project, which will widen a 2.1-mile section of that road. The widening project will result in the loss of riparian, wetland, and oak woodland habitat. The POST property includes the headwaters of Lobitos Creek, which is critical habitat for the threatened red-legged frog and an area important to the steelhead trout population. It is rich in wildlife and supports several California Species of Special Concern. Acquisition will permanently protect these habitats, and will provide significant mitigation for the highway project. While I understand we made a similar request very recently, 1 am asking again if you would provide a letter of support for this project. If you are able to assist,please direct letters to Douglas P. Wheeler, Secretary, State of California Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento,CA 95814. I apologize for the short time- frame, but with a November 12 application deadline, it would be most helpful if your letters are sent as soon as possible. It's important to include support letters in our application, so please fax a copy to the District at(415)691- 0485. On behalf of the Board of Directors of the Open Space District,and the many thousands of constituents who enjoy and appreciate open space,thank you for your continuing support of our common goals of enhancing regional open space, recreation programs,and public access. Sincerely, This letter was mailed to: ` Sandy Nichols Andrew Lisac Pat Sanchez Julia Bott Nonette Hanko Honorable Byron Sher Jim Sayer President, Board of Directors Honorable Tom Campbell Veryl Clausen Honorable Anna Eshoo Honorable Barbara Boxer Honorable Jackie Speier NH/mcs Honorable Ted Lempert Honorable Mike Nevin cc: MROSD Board of Directors Honorable Mary Griffin Honorable Rueben Barrales Honorable Tom Huening Peter Donohue 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 SAMPLE LETTER OF SUPPORT - Environmental Enhancement and Mitigation Program Grant Please fax a copy of your letter to the District at(415) 691-0485 October 24, 1996 Douglas P. Wheeler, Secretary State of California Resources Agency 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 RE: Midpeninsula Regional Open Space District Lobitos Creek Headwaters Acquisition Project Grant Dear Mr. Wheeler: I would like to express my strong support for the Midpeninsula Regional Open Space District's Environmental Enhancement and Mitigation Program grant application for the Lobitos Creek Headwaters Acquisition Project. This grant will help the District acquire a 48 1-acre property adjacent to its Purisima Creek Redwoods Open Space Preserve in San Mateo County. The acquisition of this land will provide significant mitigation for the environmental impacts of the proposed State Highway 92 Transportation Improvement Project, which will widen a 2.1-mile section of that road. The widening project will result in the substantial loss of riparian, wetland, and oak woodland habitat. By acquiring this property, the impact of that loss can be somewhat lessened. The property to be acquired includes the headwaters of Lobitos Creek, which is crucial to the population of steelhead trout, and which is critical habitat for the threatened red-legged frog' It includes redwood and Douglas fir forests, coastal chaparral, and grassy ridges, is prime deer and mountain lion habitat, and supports several California Species of Special Concern. Acquisition will permanently protect these unique habitats. As an addition to PUrisima, it will enhance the wildlife viewing opportunities, panoramic views to the Pacific, and rugged terrain, making this area an even more attractive destination for hikers, bicyclists, and equestrians. This project will provide significant environmental mitigation related to the highway project, and will add an immediate and significant enhancement to both resource and recreational values. I urge you to ensure that the Midpeninsula Regional Open Space District receives funding for the Lobitos Creek Headwaters Acquisition Project. Sincerely, (your name) cc: Midpeninsula Regional Open Space District