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19970409 - Agendas Packet - Board of Directors (BOD) - 97-10
Regional Open Obce Z-1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-10 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 5:00 P.M. 330 Distel Circle Wednesday Los Altos, California April 9, 1997 (5:00) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS Communication Skills Workshop Presented by Mr. Art O'Neal (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- M. Davey APPROVAL OF MINUTES March 26, 1997 (Consent Item) WRITTEN COMMUNICATIONS Consent Item) BOARD BUSINESS (7:45) 1. Proposed Acquisition of 157-Acre Paul Property to Long Ridge Open Space Preserve for $580,000, and Authorization for Grant of a Conservation Easement over the Property to Save-the-Redwoods-League; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Use and Management Plan for Property; Authorization to Enter into a Five-Year Caretaker/Rental Agreement; and Indication of Board's Intention to Dedicate the Property as Public Open Space -- M. Williams Resolution Authorizing Approval and Acceptance of the Purchase Agreement and Authorizing the Grant of a Conservation Easement Over the Paul Property to Save-the-Redwoods-League (7:55) 2. Progress Report and Scheduling of a Public Workshop on May 21, 1997 at 7:30 P.M. for the Regional Open Space Plan -- R. Anderson 330 Distel Circle - Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485 1 E-mail: mrosMopenspace,org Web site:www.o[)Cnspace.org Board of Directors:Pete Siemem,Mary C. Davey, Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder, Kenneth Nitz , Genera!Manager:L.Craig Britton Meeting 97-10 Page 2 *** 3. Response to 1996 Santa Clara County Grand Jury Final Report on the Review of the Implementation of the New Brown Act by Local Government Agencies and Authorization for the President of the Board to Sign Letter on Behalf of the District -- S. Schectman *** 4. Final Adoption of Use and Management Plan Amendment for Skyline Ridge Open Space Preserve to Construct Picnic Area for School Groups Participating in the Environmental Education Program at the David C. Daniels Nature Center -- M. de Beauvieres *** 5. Final Approval of Use and Management Plan Amendment for Pulgas Ridge Open Space Preserve, to Enter into a Communications Site Lease and Agreement with Sprint Spectrum, a Limited Partnership, for a Telecommunications Facility Placed on an Existing Pacific Gas and Electric Transmission Tower -- M. Williams *** 6. Authorization to Change District's Designation of Authorized Signatories for District Accounts and for Entering District Safe Deposit Boxes -- C. Britton Resolution Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts Resolution Authorizing Signing and Endorsing Checks and Other Instruments for General Checking Account (Mid-Peninsula Bank) Resolution Authorizing Signing of Payroll Related Checks for Payroll Checking Account (Mid-Peninsula Bank) Resolution Authorizing Telephone Withdrawals, Deposits, and Wire Transfers (Mid-Peninsula Bank) *** 7. Authorization for Director Cyr to Attend Special Park Districts Forum '97 at a Projected Cost of $1,500 -- C. Britton (8:10) 8. Request from the Coastal Alliance and Half Moon Bay City Council that the District Devote Staff Resources and Explore Methods to Preserve Coastside Open Space -- M. Davey (8:30) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) (9:00) CLOSED SESSION 1. Conference With Legal Counsel - Anticipated Litigation - Government Code Section 54956.9(b) Written Communication from Robert Fletscher RE: Land Exchange Demand, Sierra Azul Open Space Preserve Meeting 97-10 Page 3 2. Conference With Legal Counsel - Anticipated Litigation - Government Code Section 54956.9(c) Initiation of litigation: One Potential Case ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion Board members the General Manager, and members of the public may request that an item be removed ,from the Consent Calendar during consideration of the Consent Calendar. Regional Open 3ce W MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS March 26, 1997 MINUTES I. ROLL CALL President Mary Davey called the Special Meeting to order at 6:51 P.M. Members Present: Mary Davey, David Smernoff, Betsy Crowder, Ken Nitz, Jed Cyr, Pete Siemens, and Nonette Hanko. Personnel Present: Craig Britton, Jean Fiddes, Sue Schectman, John Escobar, and Mike Williams. II. CLOSED SESSION M. Davey 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 6:51 P.M. and the Closed Session commenced at 6:53 P.M. The Board concluded the Closed Session at 7:29 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. M. Davey said the Board had had a Special Meeting to discuss Closed Session agenda Items 1 and 2, adding that no action was taken. Additional Personnel Present: Del Woods, Deirdre Dolan, Randy Anderson, Jodi Isaacs, and Malcolm Smith. III. ORAL COMMUNICATIONS Richard Bourke, P. O. Box 7207, San Jose, said that he disagreed with a comment he had heard regarding the Republican party at the last Board meeting and thought it lacked diplomacy. IV. ADOPTION OF AGENDA C. Britton asked that the Board add a Special Order of the Day to the agenda. Motion: J. Cyr moved that the Board adopt the agenda as amended. D. Smernoff seconded the motion. The motion passed 7 to 0. V. SPECIAL ORDER OF THE DAY President Mary Davey read a resolution honoring Jean Fiddes on her retirement from the District after 17 years of service. 3,30 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200 FAX:415-691-048.51 E-mail: mrosdrzopenspace.org o Web site:www.openspace.org ce Soard of Directory Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff,Nonette Hanko, Betsy Crowder, Kenneth C.Nitz ° CGonera7 Manager.t Craig Britton Meeting 97-08 Page 2 Motion: P. Siemens moved that the Board approve Resolution 97-09 a Resolution of the Board of Directors of the IVIidpeninsula Regional Open Space District Honoring Jean Fiddes on Her Retirement from the District After 17 Years of Service. N. Hanko seconded the motion. The motion passed 7 to 0. J. Fiddes said the District is at an exciting time and is in great hands. She thanked Board and staff members. VI. ADOPTION OF CONSENT CALENDAR N. Hanko removed agenda item 14 Aaroval of Conservation Easement Monitoring Agreement and Authorization for the General Manager to Execute an Easement Monitoring Agreement Between the District and Peninsula Open Space Trust and B. Crowder removed agenda item 1 Adoption of Resolution Supporting Senate Bill 1048 to Fully Define the Bay Area Program of the California Coastal Conservancy; agenda item 2 Adoption of Resolution u porting a Ten Million Dollar ($10.000,000�Federal Appropriation from the Land and Water Conservation Fund to Assist With the Acquisition Cost of Bair Island by Peninsula 4ppnSSpace Trust; and agenda item 10 Approval of Annual Claims List. Including Debt Service Payments, for 1997-1998 Fiscal Year. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including minutes of the March 12, 1997 Special and Regular Meeting; response to a written communication from Mr. Richard Bourke, P. O. Box 7207, San Jose; and Revised Claims 97-07. K. Nitz seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - Adoption of Resolution Supporting Senate Bill 1048 to Fully Define the Bay Area Program of the California Coastal Conservancy - (Report R-97- 41). B. Crowder stated that the bill is crucial to the District's future and that of other park and open space agencies in the Bay Area. She suggested that the Board also support SB 2, AB 1000, and SB 87. C. Britton stated that staff is following this legislation. B. Crowder said that Planning and Conservation League had asked the District to write to legislators regarding the three bills. Motion: N. Hanko moved that the Board adopt Resolution No. 97-10, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting Senate Bill 1048, to Fully Define the Bay Area Program of the California Coastal Conservancy. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 97-08 Page 3 I. B. Agenda Item No. 2 - Adoption of Resolution Sing a Ten Million Dollar j 10,000.0n Federal Appropriation from the Land and Water Conservation Fund to Assist With the Acquisition of Bair Island by Peninsula Open Space Trust - (Report R- 7-42). B. Crowder said there had been an unfortunate letter sent to Congress by a San Mateo County supervisor on the Bair Island project. She said this is a good resolution and reinforces the District's support for this important action. Motion: B. Crowder moved that the Board adopt Resolution No. 97-11, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting a Ten Million Dollar ($10,000,000) Federal Appropriation From the Land and Water Conservation Fund to Assist With the Acquisition Cost of Bair Island by Peninsula Open Space Trust. D. Smernoff seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3 - Adoption of One-Year Planning Work Program for District Preserves and Facilities - (RLport R-97-40). D. Woods noted that, in response to the Board's request, if a project would be referred to a Board committee in the coming year, staff had referenced that on the charts. He said two resource management projects had been inadvertently left off the list: 1. Implementing part of the invasive exotic plant removal program and 2. Pig management assessment program under Long Range Planning. D. Smernoff commented that he thought a task that would be valuable to the District would be to develop an internal e-mail capability. D. Woods said software has been purchased, but hardware is needed. Motion: B. Crowder moved that the Board adopt the Planning Work Program for District Preserves and Facilities. J. Cyr seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4 - Adoption of the 1997-1998 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District - (Report R-97- C. Britton said there were no changes. Motion: N. Hanko moved that the Board adopt the 1997-1998 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 97-08 Page 4 E. Agenda Item No. 5 - Approval of Three-Year Memorandum of Agreement Between the District and Local.. 715. Service Employees International Union, AFL-CIO/CLC for District's Rangers. Open Snare Technicians, Lead Open Space Technicians. F.uipment Mechanic-Operators, and Farm Maintenance Workers - (Report R-97-49). S. Schectman noted that the new contract allows for implementation of the 2% at 55 retirement plan. She said three studies will be done during next three years: 1. Compensation survey, perhaps of all classifications, to study the relevant labor market and comparable positions for salary setting purposes. 2. Discipline, grievance, evaluation, and internal investigation policies. 3. Review of the Operations Program looking at all service and programs that Operations provides. Beth Winters, Senior Field Representative for SEIU Local 715, acknowledged the work of the management team, the union negotiating team, and the Board for their parts in the process. M. Davey thanked the teams. N. Hanko commented that this negotiation seemed to be the most professionally handled and both sides had the District's interests at heart. She asked Ms. Winters to pass along her comments to the negotiating team. J. Cyr commented that this was very complex negotiation, with lots of give and take and commended the participants. Motion: P. Siemens moved that the Board adopt Resolution No. 97-12, a Resolution Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Local 715 Service Employees International Union, AFL-CIO/CLC. K. Nitz seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 6 - Approval of 1997-1998 Salary and Benefit Adjustments for Office. Supervisory, and Management Staff - (Report R-97-53). C. Britton described the information in the report and said staff would be returning with some additional changes in the personnel policies regarding some minor amendments, such as the dependent care program. Motion: J. Cyr moved that the Board approve the 1997-1998 salary pay plan that includes a 3 point (3%) cost of living adjustment (COLA) for the District's office, supervisory, and management classifications effective April 1, 1997; and initiate contract amendment procedures with the California Public Employees' Retirement System (PERS) to provide the local miscellaneous 2% at 55 retirement plan formula by June 30, 1997. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 97-08 Page 5 G. Agenda Item No. 7 - Approval of PrQpgrty Management Agreements with City of Palo Alto for District Lands Adjacent to Foothills Park and City Lands Adjacent to Monte Bello Oren Space Preserve: Tentative Adoption of the Preliminary Use and Management Plan; and Determination that the Recommended Actions are Cate og rically Exempt from the California Environmental Quality Act (CEOA) - MQgrt R-97-46). C. Britton said he had been working on the project for twenty years and the ultimate goal is exchange of the properties. He pointed out the two properties on a map. D. Woods showed slides of the properties and said the preliminary Use and Management Plan recommends that the property remain open to the public and to formally designate the Adobe Creek Trail and Monte Bello Road for use by hikers, equestrians, and bicyclists. He said a new section in the report is on public notification, and it points out who was notified about this action. He said there had been no response to the notification. N. Hanko talked about the history of the two pieces of property. She asked staff if under these preliminary recommendations there was a logical place for a bench in honor of Stan Norton's work for both the City of Palo Alto and the District. D. Woods said he would like to address the matter with field staff. C. Britton said they could do a scouting trip at the bench site and it would come back to the Legislative, Finance, and Public Affairs Committee for discussion. P. Siemens asked if the wording in the agreement meant Palo Alto would exclude everyone but City residents which is the policy in their parks. C. Britton said they are aware it is supposed to be open to the public since it was purchased with grant funds. He pointed out the section in this report on public notification and said staff will be trying different things to see what works in order to come up with a process that is a sure fire method of notifying people. Motion: N. Hanko moved that the Board authorize the President of the Board of Directors to sign the property management agreements with City of Palo Alto for District lands adjacent to Foothills Park and City lands adjacent to Monte Bello Open Space Preserve; tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report; and determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report. B. Crowder seconded the motion. Discussion: Michael Marshall said he had seen a no trespassing sign on the gates along Page Mill that enter into Foothill Park. N. Hanko said she did not know of anyone being prosecuted and the Council does not approve of such action. Meeting 97-08 Page 6 The motion passed 7 to 0. H. Agenda Item No. 8 - Ag==ce of 1997-1998 Insurance Premiums for District's Propp y and General Liability, Umbrella Liability, Automobile, Fidelity Bond, and Public Entity Errors and Omission Insurance Coverage - (L?," R-97-50). J. Fiddes presented staff s recommendations and said the policy is renewed annually. S. Schectman said this was an atypical increase in the general liability premium caused by the unusual amount of claims last fiscal year. J. Fiddes said the insurance premiums are reflected in the budget. Skip McIntyre of Flinn, Gray & Heterich said the District's past record had been used to keep costs under control, but there are some issues that need to be addressed to keep it that way. Motion: P. Siemens moved that the Board accept the package (property and general liability), auto, umbrella liability, and fidelity bond insurance coverage bid totalling $156,243 from Flinn, Gray & Herterich based on the quotations shown on Exhibit A from Reliance, General Accident Insurance, Fireman's Fund Insurance, and Chubb for the period of April 1, 1997 through March 31, 1998 and authorized District Legal Counsel and the General Manager to review the public entity errors and omission policy to be submitted by Flinn, Gray & Herterich and to approve the policy at a premium not to exceed $10,000 on behalf of the Board. K. Nitz seconded the motion. The motion passed 7 to 0. I. Agenda Item No. 9 - Anvroval of Budget for Fiscal Year 1997-1998. (a) Administration and Budget Committee Report - (Report R-97-52). P. Siemens outlined the report and passed out a chart which he said was a better way of visualizing the guidelines, actual expenditures, and budgeted amount. Actual income growth and projected income will be on an overlay to the chart. D. Smernoff said this kind of graphic would be very useful. (b) Staff Report - (Report R-97-51). C. Britton said there were no major changes in the Budget since the last meeting except that salary adjustments are included. Also included is hiring an interpretive aide for 12 hours a week for a total cost of about $4,000. He said there needs to be discussion with the Administration and Budget Committee about the 6% target operating guideline. Meeting 97-08 Page 7 P. Siemens referred to the chart which showed all costs including the cost-of- living and the one-time expenditures, including mailing of the map. He said M. Foster suggested figuring out a way to amortize one time expenses. Motion: J. Cyr moved that the Board accept the Administration and Budget Committee's recommendations to accept the proposed 1997-1998 budget; carry over the unused 1996-1997 authorized salary incentive award amount of$25,000; direct the ad hoc General Manager Evaluation Committee to initiate a salary review and evaluation for the Board appointees (General Manager, Legal Counsel, Controller); review the 1996-1997 actual versus budgeted expenditures after completion of the 1996-1997 audit; and review the 1997-1998 budget and expenditure status mid-way through the fiscal year, and meet with the Controller for a review of the District's financial status. K. Nitz seconded the motion. The motion passed 7 to 0. Motion: P. Siemens moved that the Board approve the filling of the two new Open Space Technician positions in the Operations Program; approve the creation and filling of the Seasonal Interpretive Aide position for the David C. Daniels Nature Center in the Public Affairs Program; and adopt Resolution No. 13, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 1997-1998. D. Smernoff seconded the motion. The motion passed 7 to 0. J. Agenda Item No. 10 - Approval of Annual Claims List, including Debt Service Wments. for 1997-1998 Fiscal Year - (Report R-97-48). B. Crowder questioned the annual claim listing for Dr. Loy. Motion: B. Crowder moved that the Board approve the annual claims list, including debt service payments for the 1997-1998 fiscal year. J. Cyr seconded the motion. The motion passed 7 to 0. K. Agenda Item No. 11 - Tentative Adoption of an Amendment to the Preliminary, Use and Management Plan for La Honda Creek to Change the Use of an Existing Mobile Home from a Caretaker Residence to an Employee Residence and the Associated Out buildings for District Storage - (Report R-97-29). J. Escobar presented staffs recommendations. Motion: B. Crowder moved that the Board tentatively adopt an amendment to the preliminary Use and Management Plan to permit the use of the mobile home as an employee residence and the associated out buildings for District storage. P. Siemens seconded the motion. Meeting 97-08 Page 8 Discussion: In response to Board Members' questions and comments, J. Escobar said he did not think the caretaker wanted to leave. He said they will be trying to create some residences in the south part of the District, but there are tradeoffs, including that the Enterprise Programs brings in revenue for the District. In addition, they are short of rangers wanting to live in District residences. He said there is a benefit to having rangers in the residences as they are peace offices and are better trained than other employees in emergency responses after hours. District policy calls for having rangers in the residences, and they will continue to give preference to them. Georgia Stigell said she lives adjacent to Skyline Ridge Open Space Preserve and she and her husband like having the rangers living in the area. Michael Marshall suggested that the District might let the caretaker stay there. The motion passed 7 to 0. L. Agenda Item No. 12 - Authorization to Enter into Contract with Terratech. Inc. of San Jose for $43.000 to Provide Geotechnical En ig neering Services in the Repair of Five Landslides and Determination that the Recommended Actions are Cate og; ricaily Exempt from the California Environmental Quality Act (CEQA)- (E=rt R-97-45) R. Anderson reviewed the staff report. He said the Jones Trail at St. Joseph Hill is open but they do not want to lose it again. He said it is important to make sure it remains open as a patrol road. He said this project is parallel to the process approved at an earlier meeting for the use of a civil engineer. He said the repairs need to be made this summer. Motion: P. Siemens moved that the Board determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in the staff report, and authorize the General Manager to contract with Terratech, Inc. of San Jose for geotechnical engineering services toward the repair of landslides at five separate open space preserves at a total cost of $43,000. D. Smernoff seconded the motion. The motion passed 7 to 0. M. Agenda Item No. 13 - Authorization to Hire Environmental and Horticultural Consultant to Undertake the Management Techniques Identified in the Russian Ridge Grassland Management Plan with a Budget of $38.000 in Fiscal Year 1997-1998; Authorization for the General Manager to Execute Contract with Consultant to Implement the Russian Ridge Grassland Management Plan: and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA)- M=rts R-97-43 and R-97-56) Meeting 97-08 Page 9 J. Isaacs said the purpose of the implementation of the project is to act as a model study that would determine management methods more generally effective for District-wide grassland habitats. The seven management methods are mowing, herbicide use, hand labor, goat grazing, prescribed burning, restoration, and staff/volunteer coordination. She noted that the proposal eliminates goat grazing from the project because it is a costly management technique and it is unlikely that volunteers or staff could take over the task and reduce its cost. D. Smernoff said he was excited about this project getting to the implementation phase. He said it will be good to develop monitoring protocols that can be continued with volunteers and staff over a long time to keep the program going at minimal cost. He recommended that they go ahead with the goat grazing analysis to evaluate that management technique along with the others. There may be certain areas where that is the most effective technique. C. Britton said he did not recommend goat grazing because there is a cost of$16,000 for ten acres. Some of the other techniques can be taken over by volunteers or staff. He does not think it is cost effective. In answer to questions regarding burning, J. Isaacs said burning timing is very critical. For example, there is a critical time for star thistle of seven days. If conditions are not right, they would have a fallback plan. She said staff had not checked out the option of a grazing lease. Motion: N. Hanko moved that the Board determine that the proposed projects if categorically exempt from the California Environmental Quality Act (CEQA) based on the findings in the staff report; authorize staff to hire Paul Kephart to undertake the management techniques identified in the Russian Ridge Grassland Management Plan, with a budget of$38,000 in fiscal year 1997-1998; and authorize the General Manager to execute a contract with Paul Kephart to implement the Russian Ridge Grassland Management Plan, as presented at the March 26, 1997, Board meeting. D. Smernoff seconded the motion. Motion to Amen • D. Smernoff moved that the motion be amended to include goat grazing in the management study. B. Crowder seconded the motion. Discussion: C. Britton commented that the Board had just approved the fiscal year 1997-1998 budget and this action would increase expenditures by $5,000. He was concerned regarding the cumulative impact of budget changes and did not see the long-term benefit of goat grazing. J. Isaacs said there would be a final report from the consultant, but probably not a published scientific paper. D. Smemoff said he thought doing an integrated study, including goat grazing, was an important aspect of the plan. Meeting 97-08 Page 10 The motion to amend failed with board members N. Hanko, J. Cyr, K. Nitz, and P. Siemens voting no. The original motion passed 7 to 0. C. Britton noted that there had not been a general notification, but the person who was interested was notified. He said staff would provide an update after three months. Georgia Stigell said she is an advocate for native ecosystems and made a case for building a volunteer program, which could include bicyclists, horse riders, bird watchers, hikers, and flower people together working on a common project. She offered her help to the District. N. Agenda Item No. 14 - Approval of Conservation Easement Monitoring Agreement and Authorization for the General Manager to Execute an Easement Monitoring Agreement Between the District and Peninsula Open Space Trust - (Report R-97-47) In regard to what staff is planning to do with the easements that POST is not monitoring, C. Britton said if they do not pick them up within the next six or eight months, the District might start its own volunteer program, but he would meet with POST first. Motion: N. Hanko moved that the Board authorize the General Manger to execute an Easement Monitoring Agreement between the District and Peninsula Open Space Trust, and that in six months, staff report back to the Board as to the decisions that were made as to the easements that were not addressed. P. Siemens seconded the motion. Discussion: C. Britton gave some background as to how some of the easements came about and the history of monitoring of them. He agreed with N. Hanko that there is an advantage when two agencies and/or trusts hold an easement. The motion carried 7 to 0. VIII. INFORMATIONAL REPORTS B. Crowder reported on the Planning and Conservation League forum and the San Mateo County legislative breakfast she had attended. She said Bay Area Action had a tour of their demolition project, hosted by D. Smernoff, Jim Steinmetz and others. She also said the is supporting Rich Gordon, candidate for San Mateo County Board of Supervisors. P. Siemens stated that on the issue of easements, the Town of Los Gatos is looking to the District to manage some of the Town's easements. He and C. Britton will meet with the Town officials, and C. Britton said fee title is involved as well. Meeting 97-08 Page 11 N. Hanko reported on a meeting today that she, M. Davey, and B. Crowder had attended in Pescadero, noting they have been an informal committee to pick up on the interest from the coast side in land acquisition west of the District boundaries. She said the group they met with will be at the April 9 meeting asking that the District study the possibility of finding ways of preserving open space on the coast, whether by expansion of District boundaries or other measures. D. Smernoff said they are continuing with dismantling efforts at Arastradero and will be there every Saturday, working with community volunteers. He can arrange another tour for any interested Board members. By consensus, Board members set a Special Meeting for 7:00 p.m., April 7, for the General Manager's and Legal Counsel's performance evaluation. M. Davey said that as a follow-up of today's meeting, the Coast group will meet with them Friday evening, April 4. D. Smernoff will attend that meeting. C. Britton reported on the following: 1. Notice regarding the San Francisquito Watershed Study workshop. D. Smernoff, N. Hanko and B. Crowder expressed interest. 2. City of Palo Alto invitation to the State of the City address on April 14. 3. Special Parks District Forum June 11-14 in Columbus, Ohio - J. Cyr interested in attending. 4. Board members would receive a two-month What's Happening report because of a busy workload. 5. A sample of the letter sent to city and county officials regarding the briefing session on SB 1048 to be held on Friday April 4 from 10-11:30. N. Hanko will attend. S. Schectman referred to a letter from an attorney representing the Russian Convent asking to make an informational presentation to the Board regarding the project. S. Schectman suggested that they be invited to speak on a future agenda during Oral Communications. The Board directed staff to invite the Convent to address the Board on a future agenda under "Oral Communications". D. Smernoff said he received a card from the Rose Foundation in support of the Maxxam resolution. He reported that Bay Area Action has an opening for Executive Director. R. Anderson announced a Regional Open Space Plan workshop to be held Wednesday, May 21, 7:00 P.M. IX. ADJOURNMENT The meeting was adjourned at 10:07 p.m. in honor of J. Fiddes. Roberta Wolfe Recording Secretary Claims No. 97-07 Meeting 97-08 Date: March 26, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1833 350.00 Aaron's Septic Tank Service Sanitation Service 1834 335.00 Acme & Sons Sanitation Sanitation Service 1835 216.39 Acorn Naturalists Resource Documents 1836 504.27 Acorn Signs Banners-Anniversary Event 1837 3,922.31 Anderson Pacific Weeks Road Repairs 1838 123.00 ADT Security Systems Skyline Alarm Service 1839 211.92 A T & T Telephone Service 1840 58.16 Gordon Baillie Reimbursement--Resource Documents 1841 123.22 Barron Park Supply Co. Plumbing Parts--Nature Center 1842 1,798.84 Baron Welding & Iron Works, Inc. Aluminum Gate 1843 268.53 Craig Beckman Reimbursement--Uniform Expense 1844 151.28 Beck's Shoes, Inc. Uniform Boots 1845 3,803.70 Bettencourt American Landscape Landscape Maintenance Service 1846 360.00 Boley Consulting Engineers Structural Consulting--Skyline Hog Barn 1847 63.00 •1 City of Brisbane Legislators Meeting 1848 71.85 Cindie Brunner Software 1849 86.82 Dick Bruhn, Inc. Uniform Expense 1850 4,072.17 Brian Kangas Foulk Consulting Engineers Teague Hill Survey 1851 52.20 Cabela's Uniform Expense 1852 120.00 California Park & Recreation Society, Inc. Membership Dues 1853 88.66 California Water Service Water Service 1854 3,690.35 Callander Associates Windy Hill Parking Design Study 1855 55.00 Camino Medical Group Medical Services 1856 733.27 Cascade Fire Equipment Company Field Supplies 1857 48.49 C & J Cartridges Fax Machine Ink Cartridges 1858 218.93 Carolina Biological Supply Co. Nature Center Specimens 1859 220.04 Annette Coleman Reimbursement--Bike Patrol Supplies 1860 492.50 Con's Backhoe & Lumber Enterprise Water Line Repairs 1861 72.48 Dennis Danielson Reimbursement--Professional Dues 1862 2,344.86 Design Concepts Newsletter and Brochure Printing 1863 80.00 East Bay Regional Park District Docent Training 1864 1,215.88 Empire Equipment Company Dozer Rental 1865 80.00 John Escobar Reimbursement--NRPA Membership 1866 245.46 Film To Frame Photo Processing 1867 28.21 G & K Services Shop Towel Service 1868 481.33 Good Year Auto Service Center Tires 1869 46.68 GTE California White Pages Phone Listing 1870 26.41 GTE Mobilnet Cellular Phone Service 1871 45.00 Clarie Hollenbeck Docent Training 1872 198.44 The Home Depot Field Equipment and Supplies 1873 282.84 Honda Peninsula ATV Helmet Liners 1874 125.00 Institute of Computer Technlogy Computer Class--G. Baillie 1875 900.00 Integrated Training Resources Defensive Tactics Instruction 1876 49.04 Michael Jurich Reimbursement--Field Supplies 1877 3,675.00 Tamara Kan Exotic Plant Study *1 Urgent Check Issued March 17, 1997 Page 1 Claims No. 97-07 Meeting 97-08 Date: March 26, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1878 45.00 David Koffman Docent Training 1879 102.87 Lab Safety Supply Field Safety Supplies 1880 10.00 The Land Trust Alliance Resource Document 1881 19.16 Langley Hill Quarry Baserock 1882 759.85 Lanier Worldwide, Inc. Copier Lease 1883 900.00 Los Altos Garbage Company Debris Box Rental 1884 226.52 MetroMobileCommunications Radio Repair 1885 436.40 Minton's Lumber&Supply Field Supplies 1886 99.13 Moffett Supply Company Flourescent Light Bulbs 1887 164.23 Mission Valley Ford Truck Sales, Inc. Batteries 1888 49.95 Ralph Molica Reimbursement--Uniform Expense 1889 68.74 Monogram Sanitation Sanitation Supplies 1890 350.00 City of Mountain View Deposit--Volunteer Event Site 1891 716.07 Nature Watch Nature Center Specimens 1892 19.50 Netcom Shell Monthly Internet Service 1893 65.00 •2 Nonproft Development Center Media Fair Registration--K. Altieri 1894 108.00 Northern Hydraulics Inc. Field Equipment 1895 551.62 Orchard Supply Hardware Field Equipment and Supplies 1896 45.00 Sandra Overton Docent Training 1897 1,185.46 Pacific Bell Telephone Service 1898 264.36 Pacific Coast Seed Company Erosion Control Seed 1899 500.00 •3 City of Palo Alto Utilities Hydrant Meter Deposit--Montebello Road 1900 25.00 City of Palo Alto Hearing Examiner Services 1901 244.75 PIP Printing Letterhead and Volunteer Handbooks 1902 15,000.00 Platypus Studios Nature Center Phase 11 Exhibits 1903 3,500.00 Town Of Portola Valley Retainer for Town Planner--Windy Hill 1904 1,007.46 QSP Printing Business Card Printing 1905 193.74 Rabbit Copiers Quarterly Copy Machine Maintenance 1906 60.88 Rancho Ace Hardware & Garden Shop Plumbing Supplies and Paint 1907 68.26 Rayne Water Conditioning Water Service 1908 544.44 Roy's Repair Service Vehicle Maintenance and Repairs 1909 8.38 Royal Brass, Inc. Tractor Part 1910 76.75 Safety-Kleen Solvent Service 1911 159.00 San Jose Mercury News Subscription Renewal 1912 32.72 Sears Small Tools 1913 27.50 Sequoia Analytical Water Testing 1914 1,482.49 John Shelton, Inc. Drainage Products 1915 47.52 Signs of the Times Signs 1916 270.00 Sonoma State University Academic Foundation Historical Records Search--El Corte de Madera Open Space Preserve 1917 67.72 Cheryl Solomon Vehicle Expense 1918 14.98 The Stove Works Enterprise--Stove Pipe 1919 113.14 Summit Uniforms Uniform Expense 1920 10,345.00 Tag Group Corporation Skyline Office Construction Company •2 Urgent Check Issued March 19, 1997 •3 Urgent Check Issued March 11, 1997 Page 2 Claims No. 97-07 Meeting 97-08 Date: March 26, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 1921 598-53 Tap Plastics Sign Materials 1922 749.89 Target Specialty Products Weed Abatement Chemicals 1923 188.57 Teater & Etc. Computerized Map and Signs 1924 60.00 Terminex International Monthly Pest Control Service 1925 837.01 Therma Corp. Air Conditioning and Heating Service 1926 6,423.97 Turner & Mulcare Legal Services 1927 90.09 University Art Center Wall Map Supplies 1928 1,435.00 U.S. Rentals Backhoe Rental 1929 60.75 West Coast Aggregates, Inc. Baserock 1930 91.00 West Coast Rebar Rebar 1931 7,488.00 Willson's Concrete Foothills Office Concrete Slab--Vehicle Washboard 1932 300.00 Roberta Wolfe Recording Services 1933 33.74 The Workingman's Emporium Uniform Expense 1934 21.61 Yardbird Equipment Sales Equipment Repair Parts 1935R 73.57 •4 Eyers Hitch Center Trailer Hitch 1936R 189.49 Petty Cash Business Meeting Expense, Film, Seminar Registration, Vehicle Expense Field Supplies and Office Supplies TOTAL 90,491.28 Page 3 Ri rd Bourke PO PO x 7207 San Jose, Ca. 95150 L97 copy: H. Haeussler Jr. R. Granath March 18 , 1997 -MIDPEv�N+ALf _4T,F,CTR£SPONS£ ACTION PROPOSEDBT STFFOPE _ C 1 Board President Acknowledge/Respond Board of Directors f Director Acknovledja/;*,Pond Midpenninsula Regional Open Space District staff Acknovledja/Respond 330 D i s t e 1 Circle Draft Response Attached L o s Altos , CA. 9 4 0 2 2-1 4 0 4 staff to be Directed to Prepare Draft Respea,e for Bnard Consideration per Board Direcelve(s) Dear Directors of MROSD: No Respoasa Necessary I share Mr. Harry H. Haeussler, Jr. ' s frustration with the District with regard to being able to hear the Board conduct business at the Wednesday night Board meetings . I believe I 've watched Mr. Haeussler bring this matter to your attention at least six times (mabe for like 10-15 times . -ask Mr. Haeussler) . I fully agree that your not using the available equipment . Its as if your in your "own little world" oblivious to the public sitting in the seats . Harry has asked you to "speak into the microphones" again and again and again . Its really getting redundant every week! The problem probably stems from the fact that you conduct so many "closed" meetings where you don' t need the microphones . I believe the Board should probably modify your meeting procedures to include speaking into the microphone . I often have not been able to hear what business your transacting. That may be a problem with regard to the Brown Act as well . I 'm dissapointed that Director Smernoff is "smiling" every time this comes up - It certaintly shows a lack of respect to Mr. Haeussler. This isn' t funny stuff - We don' t need Mountain Biker Mentality here . I would like to see changes begin to take place and the Board begin to address this matter . At the 5-22-96 meeting there were allot of bicyclists from ROMP at the meeting. The roar coming from the lobby made it impossible to hear anything. I tried closing the doors but Nonette Hanko insisted I leave it continue and leave the doors open. After about 15 minutes I left since it was useless to hear anything. This group was so disruptive and nobody on the Board seemed to have a handle on the noise problem. It was out-of-control . Well enough is enough. I hope Harry Haeussler Jr. continues on trying to get you to speak into the Microphone and I certaintly appreciate his efforts on behalf of all of the public in attendance. Sincerely, Itsrosst AcTtoy p&Oros CD IT s-Art — teaN rru La..c ack.ev l.�t./tu p..l Dlr.cter--Ac knevl.a e./t.ap.n� sta!! AeYnovl.lt•/R.ape.a Artaeled s ta!! to !. Dlrvct.� to Tr.para Dralc 1G.ratle. p.t October 31 , 1996 t..rd Dlr.ctl..c., 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 where he was holding the mike directly in front of his mouth . Unfortunately, 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 . 4 tL14 Harry H. Haeussler, Jr . 1094 Highland Circle Los Altos , CA 94024 Regional Open !ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Richard J. Bourke P.O. Box 7207 San Jose, CA 95150 Dear Mr. Bourke: Thank you for your March 18 letter regarding the Board of Directors' use of a public address system. The Board reviewed your letter at its Regular Meeting last night. As you rightly point out, this issue has been brought to the Board's attention in the past. The Board members do try to remember to use the microphones, but unfortunately some of us lapse into old habits and forget that we shouldn't turn away from the microphone when speaking. Each microphone stand now has a small sign on its base, with large lettering, reminding Board members to speak directly into the microphone. In addition, we are currently soliciting estimates on the cost of obtaining lapel-mounted microphones which would amplify the user's voice regardless of which direction they are facing when speaking. Board and staff will also try to be more aware of noise in the lobby during Board meetings. I can think of several occasions in the past where staff has become aware of this problem and proceeded to ask the people to continue their conversations in the parking lot, but a reminder is in order. I hope that we can alleviate the problem you described. Please feel free to let us know if there is anything else we may do to ensure that the public can easily hear the proceedings at District Board meetings. Sincerely, Mary C. Davey President, Board of Directors MCDJmcs cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton Regional Open ". _ .ice 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-59 Meeting 97-10 April 9, 1997 AGENDA ITEM Proposed Addition of Paul Property to Long Ridge Open Space Preserve GENERAL MANAGER'S RECOMME 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 approval and acceptance of the Purchase Agreement for the Paul property and authorizing the grant of a Conservation Easement over the Paul property to Save-the-Redwoods-League. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Long Ridge Open Space Preserve. 4. Authorize entering into a Caretaker Rental Agreement with the current tenant, Robert Baxter, for a period of up to five years and authorize the General Manager to execute said Agreement. 5. Indicate your intention to dedicate the property as public open space. DESCRIPTION (see attached man) The 157-acre Paul property adjoins the southern boundary of the Long Ridge Open Space Preserve on the west side of Skyline Boulevard (Highway 35). With 0.2 miles of Skyline Boulevard frontage, it bridges a gap between the existing Long Ridge preserve and the recently acquired former Sempervirens Fund property situated at Saratoga Gap, located at the intersection of Highways 9 and 35. The Saratoga Gap Open Space Preserve and the Upper Stevens Creek County Park are located on the east side of Skyline Boulevard, opposite the property. Access is from a driveway on Skyline Boulevard, 0.75 miles northwest of Saratoga Gap. A small cabin is located at the end of the driveway, approximately 500 feet west of Skyline Boulevard. The property contains the upper reaches of the Oil Creek watershed. The generally south- facing slopes of the property are characterized by mixed evergreen forest on the upper slopes, yielding to redwoods in the damp, lower parts of the canyon. A distinctive, grassy meadow 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd@openspace.org web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-97-59 Page 2 borders the Skyline Boulevard frontage, offering views of the Oil Creek drainage, Butano Ridge, and the Pacific Ocean. USE AND MANAGEMENT PT.AN Planning Considerations The property is located in unincorporated Santa Cruz County, bordered by San Mateo County to the west and Santa Clara County to the east. The property is within the District boundary which adjoins the property to the south and west. Skyline Boulevard is a state-designated scenic highway. The property is zoned TPZ (Timber Production Zone). Permitted uses within this zone include growing and harvesting of timber, agriculture, single family dwellings, mining, and organized camps. The property was last logged for redwoods and Douglas fir nine years ago in conjunction with the neighboring Boy Scouts of America property. Within the TPZ, logging is allowed on a ten year rotation. In 1994, the District obtained Land and Water Conservation grant funding to purchase the 116- acre former Sempervirens Fund parcel located at Saratoga Gap. The Sempervirens Fund property was purchased in June of 1995 (see report R-95-77). The grant also funded purchase of a trail easement and development of a trail over the portion of the Paul property nearest the highway, linking the Long Ridge Open Space Preserve trails with the Skyline-to-the-Sea Trail. The trail was proposed as an alternate route to the Bay Area Ridge Trail, which is located on the Saratoga Gap Open Space Preserve and the Upper Stevens Creek County Park, east of Skyline Boulevard. While the District now proposes purchase of the Paul property in fee title, the proposed development of a trail linking the Skyline-to-the-Sea Trail with other preserve trails remains a desirable connection. The existing segment of the Bay Area Ridge Trail, located on the Saratoga Gap Open Space Preserve and the Upper Stevens Creek County Park, is heavily used by mountain bicyclists. On numerous occasions, staff have fielded concerns and responded to letters from preserve visitors about the heavy bicycle traffic on the trail. This proposed route would allow hikers and equestrians to avoid the faster bicycle traffic on the Bay Area Ridge Trail on the east side of Skyline Boulevard. The proposed trail on the subject property would link the Long Ridge Open Space Preserve with a historic timber haul road which traverses the former Sempervirens property. This proposed connection will provide a continuous trail link between the Long Ridge preserve trails and the Skyline-to-the-Sea Trail, a hiking (and part equestrian) route. The route will be considered when the Trail Use Element of the Use and Management Plan is prepared for the Long Ridge Open Space Preserve. A small cabin and garage are located about 500 feet west of Skyline Boulevard, at the end of a winding driveway. The cabin is approximately 800 square feet, consisting of one large R-97-59 Page 3 combination living room and kitchen area, and two small bedrooms. The unit was originally built by the Paul family as a summer cabin with no indoor plumbing. Plumbing and a small bathroom were added years ago. The structure is in fair shape, however, the roof leaks and is currently covered in places with a large tarp. George Paul, one of the owners, has agreed to replace the roof prior to the District's acquisition of the property. The water system for the cabin consists of several surface springs located in one of the nearby creek drainages. Water is collected in a tank and piped to the cabin. The water is not filtered or treated. The caretaker does not drink the water, using it for cleaning purposes only. The caretaker for the Paul family has lived in the house for over 20 years. Staff recommends entering into a modified caretaker/rental agreement with the current tenant for a maximum of five years starting at $300 per month and increasing 5% annually as a way of phasing out this tenancy. The caretaker is in agreement with this arrangement. Preliminary Use and Management Plan Recommendations Dedication: Indicate your intention to dedicate this property as public open space. Name: Name the property as an addition to the Long Ridge Open Space Preserve. Signs: Install boundary markers, post signs at the water collection area. Roads: Maintain the driveway for access to the cabin. Replace the existing gate with a District pipe gate. House: Secure water system, general clean-up of debris. Public Safety Review: Staff performed an inspection of the property to determine if public safety hazards exist. The conditions identified in the inspection in need of attention are addressed in the preliminary use and management recommendations contained in this report. CEQA COMPLIANCF eject Description The project consists of the purchase of a 157-acre parcel located adjacent to Long Ridge Open Space Preserve. The parcel is located north of Saratoga Gap and west of Skyline Boulevard (State Highway 35). Located in unincorporated Santa Cruz County, it is sandwiched between Santa Clara and San Mateo Counties. A small cabin located on the property will continue to be rented to the current caretaker. A hiking and equestrian trail will be constructed (through the property) parallel to Skyline Boulevard. The property will remain in a natural condition and be open to the public for low-intensity recreation. R-97-59 Page 4 CFQA 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 Sections 15301(d) and 15316. Section 15301(d) exempts restoration or rehabilitation of existing structures to meet current standards of public health and safety. 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. TERMS AND CONDITIONS The purchase price of$580,000 is considered the fair market value of the property and is based upon a fee appraisal of the property obtained by the District. Because this property is densely forested including old growth and second growth redwoods, District staff contacted Save-the-Redwoods-League about the possibility of prioritizing a grant towards the purchase of the property. Save-the-Redwoods-League graciously agreed to contribute $260,000 towards the purchase of the property. The League would be granted a conservation easement over the property further protecting its open space values. The easement is attached to the resolution and your approval is required in order to complete this aspect of the transaction. In addition to the League's generous contribution, a trail connection element of this acquisition was included as part of a successful Land and Water Conservation Fund grant application in 1994. This grant provides $7,500 towards the acquisition of a trail connection on the property. The District previously acquired the connecting 116-acre Sempervirens property under this grant project. BUDGET CONSIDERATIONS 1997/1998 Budget for Land Acquisition New Land $13,000,000 Previous Commitments - Moody Gulch (303,000) Paul acquisition proposed on this agenda _(580'0001* Acquisition Budget Remaining $12,117,000 *Controller M. Foster has been consulted on this proposed acquisition, and considering cash flow and availability, funds are available for this property purchase. This property was identified as an important addition to the Long Ridge Open Space Preserve, as a critical trail connection, and for watershed protection purposes. PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices. Prepared by: Michael C. Williams, Real Property Representative Mary de Beauvieres, Open Space Planner Contact person: Michael C. Williams, Real Property Representative MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LONG RIDGE OPEN SPACE PRESERVE 1 .r 1 tt ••Fr: t _ • q � 2 7 / • / t 4 f $. w S Y y f ! t %, • 1 1 t \ i i / \\ y F t S • 1 ! t V ~ \ +•:•::x:�i;:?}'}?'%':?}':�:%:;%F%?• :%is /.. •�%>�'<%' <::>�.?:>s::::;:: RIDGE `' F:>i:s':::i> OPEN SPACE • ;F.<:.;•:.::::• \ PRESERVE` `• i:• G4 f • ........... ..... ........... ...........:..:.:. O• °n i � 0• :::.. l e Rn ..r d o ! l a ........... . m O. ::.:.. .... os w . y a r x O ,.. :...:::..::.;:y. :. -:r.:.. o2�a\d r. 0.4 %/,F "%" � `•f sSARATOGA GAP v°ry Oa 05 OPEN SPACE c �� f :a ... PRESERVE 0.1 • �/® 11C! aoch ^rC 0 2 L 0.3 S ai`n ., c S l s .�J aL C. 4 PROPOSED `y? 0 r ::.. TRAIL ALIGNMENT•,, f ::::. / :%:e::x•:::::::•i:te _ G :.....::...... .. .... .... .�r;:.i:•>:•i:•i:•>:•iiii:•ii::.... •:. rrFf::::5%%%:>::%;:•;:'n:.y... :.:F •••/,,:: Tj + OO all ter.•::.•. ,.f ..�`�:�'i'r'/��>: r�..�f. J r l Fi f F. PROPOSED •�S :...//.... Frr:•F:::�fff:. ..:::..... . ,r . .ii •i:•ii0 Sk I - '• m - et o h t/L Se r • �i ail • iii.•iiii:•:. ::::.: • i :i:a:•>:•i:•i:•i:•i::iii:e•i. • %::Y•i::+::c:: .•/••ii•.;•F•.'•:•i..••:f•.: ••:f••i:<•i:•>:•••i:•iir• • f•.•:f�........................�:'i...ri.r.....::::::::::•::::.r. ...n.... ....r..«........ '^i:%'r:ii:i:%ii'•rr•;;. ;,ii,,.;;. ..:::: ':::::: F. .:r/«a::::::::..u:r;i;...::•.•/r.: \v \ nfr�.r rf ..��%• f%: ................. «.•:;;`.:.;:;•.:. :::::�::.:i:•>.r•:•::::::::.r•:::fr:'•.:..•?:::::;:s::?::i:::i::::%:::•.'• ;•i:••o:•ii:ai::•.':.;;. a �• • ..F... ..FrACQUISITION •'F.•i'i�S%?Si:%iiii: • .................:. ....... ..... :4rF:.✓F.•. .r::•::...x..r... :n.r..... •i:•i:•i:•ii'..�........ .,i;.::.::::::::::.� •..:.................. : /r� .f..r/..f.n..r..:.n..f............ : ::.:•iiii:�ii:'�::�:ii::Y.•:.. .::..••::::;, ............ v.;:: • • •::::...::::::::a:::::::.: ........... ............ ..:.......r.:..... r. • • ........... :.... • :.:.,...:r::::::::::.•::. r xxx a! •..... ....:..............r........:.....:r.......: ...::...r.............. +•i:•>: •.::::.. ...........r. r............::•i:•i:.;:o:;:;:is i:•;i::•i:. :::::::::.: n .... ::;:;:.;:.;.:::::::::.:: ............ ::::.. ...: 4/02/97 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, AUTHORIZING OFFICER TO EXECUTE GRANT OF CONSERVATION EASEMENT WITH COVENENTS OVER REAL PROPERTY BEING ACQUIRED, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE - LANDS OF PAUL, ET AL.) 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 George Dennis Paul et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto as Exhibit I 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 President of the Board of Directors or other appropriate officer is authorized to execute a Grant of Conservation Easement with Covenants in favor of Save-the- Redwoods-League, a California Non-profit corporation, a copy of which is attached hereto as Exhibit II and by reference made a part hereof. Section Four. 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 Five. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Six. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$580,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. * * * * * * * * * * * * * * * * * * FU3L.IC NOTIFICATION LISI: (Paul Agreement - Board Report R-97-59) George Paul Glenna A. Paul 842 Towne Street 2831 Flores, Apt. 309 Sonoma, CA 95476 San Mateo, CA 94403 Uveda Paul Robert Bradford 3402 Lake Grove Street 12800 Skyline Blvd. Lake Oswego, OR 97035 Los Gatos, CA 95030 Rick Kapranos, Esq. Stephen N. Wyckoff, Esq. McGill, Kapranos &Wynn Wyckoff, Ritchey & Shanle 1734 N. E. Broadway 1607 Ocean Street, Suite 6 Portland, OR 97232-1490 Santa Cruz, CA 95061-1119 Santa Clara County . California State Department of Parks Parks & Recreation Department & Recreation - Acquisition Division 298 Garden Hill Drive 1416 9th Street, Room 1147 Los Gatos, CA 95030 Sacramento, CA 95814 Boy Scout Memorial Foundation P. O. Box 28547 San Jose, CA 95159 C t-(9 Reviewed by: AGREEMENT TO PURCHASE REAI. PROPERTY This Agreement is made and entered into by and between GEORGE DENNIS PAUL, GLENNA ARLENE PAUL AND LAVEDA ANN PAUL hereinafter called "Seller" and the NIIDPENINSULA 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 Cruz, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public par? , 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. A , EE_MFNT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Cruz, State of California, containing approximately one hundred fifty seven (157) acres, more or less, and commonly referred to as Santa Cruz County Assessor's Parcel Number 088-051-32. Said property being further described in the Legal Description attached to Preliminary Title Report number 604058 from Santa Cruz Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Five Hundred Eighty Thousand and No/100 Dollars ($580,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. Agreement to Purchase Real Property Page 2 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 10 herein, an escrow shall be opened at Santa Cruz Title Company, 201 River Street, Santa Cruz, CA 95060, (408) 426-9090 (Escrow number 604058) 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 May 9, 1997, or ten (10) days following court confirmation as specified in Section 6, whichever comes later, 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 Cruz County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Five Hundred Eighty Thousand and No/100 Dollars ($580,000.00). (e) Seller and District shall share equally (50%/50%) 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 Cruz 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. Agreement to Purchase Real Property Page 3 M Seller shall cause Santa Cruz Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $580,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Cruz County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Except as provided for in Section 6 below, 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 ct sN. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Capaci of Laveda. Ann Paul. This agreement is entered into by Laveda Ann Paul on behalf of herself as sole heir to the Estate of Gillis Lawrence Paul and as executrix of the Estate of Gillis Lawrence Paul ("the Estate"). It is understood that this Agreement is being signed by Laveda Ann Paul prior to the final distribution of fee title to the interest of Gillis Lawrence Paul in the Subject Property to Laveda Ann Paul as sole heir to the Estate. Laveda Agreement to Purchase Real Property Page 4 Ann Paul shall obtain an order of the Superior Court of California for the County of Santa Cruz granting her as executrix of the Estate of Gillis Lawrence Paul authority to sell the subject property in accordance with the terms of this Agreement. Laveda Ann Paul shall proceed promptly and use her best efforts to consummate the sale of the Subject Property to District as soon as said court order has been obtained. The obligations of Laveda Ann Paul as executrix hereunder are conditioned upon the issuance of the order by the probate court and the delivery of title pursuant to such order. Alternatively, Laveda Ann Paul may seek a spousal property set aside regarding the Subject Property. In that case, Laveda Ann Paul shall convey her interest in the Subject Property pursuant to this Agreement after the Superior Court for the County of Santa Cruz issues an order vesting title to an interest in such Property in her. 7. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. 7.01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 7.02 Valid and Binding Aereements. 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. 7.03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 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 close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. Agreement to Purchase Real Property Page 5 9. Hazardous Waste. (a) Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (b) Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive 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, Agreement to Purchase Real Property Page 6 treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements 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 land 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. 10. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256), and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights seller may Agreement to Purchase Real Property Page 7 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. 11. Miscellaneous Provisions. 11.01 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. 11.02 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. 11.03 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. 11.04 Bights 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. 11.05 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: Agreement to Purchase Real Property Page 8 Sellers: George Paul Laveda Paul 842 Towne Street 3402 Lake Grove Street Sonoma, CA 95476 Lake Oswego, Oregon 97035 (707) 935-5939 (503) 636-6106 Glenna Paul 2831 Flores St., Apt. 309 San Mateo, CA 94403 (415) 595-5929 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton General Manager (415) 691-1200 FAX: (415) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 11.06 Severabilitv.. 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. 11.07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. Agreement to Purchase Real Property Page 9 11.08 Waive . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 11.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 11.10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 11.11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 11.12 Assignmen . 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. 11.13 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. 11.14 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. 11.15 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. 11.16 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. Agreement to Purchase Real Property Page 10 11.17 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. 12. Ac=tan . Provided that this Agreement is executed by Seller and delivered to District on or before March 31, 1997, District shall have until midnight April 9, 1997 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Agreement to Purchase Real Property Page 11 IN WITNESS WI1EREOF, 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: BELLE$: MIDPENINSLTI.A RFCTIONAL. OPEN SPACE DISTRICT George De s Paul Date: 3 /Z I ACCEPTED FOR RECOMMENDATION Michael C. Williams, Real Property Glenna Arlene.,Paul Representative Date: 7 1 T APPROVED AS TO FORM: Sue Schectman, District Counsel Lgveda Ann Paul, on her own behalf Date: _RECOMMENDED FOR APPROVAL.: Estate of Gillis Lawrence Paul by L. Craig Britton Lgveda Ann Paul, Executrix of the Estate General Manager of Gillis Lawrence Paul Date: _3 APPROVED AND ACCEPTED: President, Board of Directors ATI'ES : District Clerk Date: Agreement to Purchase Real Property Page 12 Agreement to Purchase Real Property Santa Cruz County Assessor's Parcel No. 088-051-32 CONSENT OF SPOUSE I certify that: 1. I am the spouse of George Dennis Paul who is described as the Seller in the foregoing Agreement to Purchase Real Property. 2. I hereby confirm that the real property which is the subject of the foregoing Agreement to Purchase Real Property is my husband's separate property. 3. I have read the terms and provisions of the foregoing Agreement to Purchase Real Property and consent and approve of the same. c.� Executed on / /LZ� 1� i.x', 1997 at ;• , California. MARIANNE E. PAUL PRELIMINARY REPORT SANTA CRUZ TITLE COMPANY [X] 201 River Street, Santa Cruz, CA 95060 (408) 426-9090 / FAX (408) 426-8511 [ ] 830 Bay Avenue, #A, Capitola, CA 95010 (408) 479-9229 / FAX (408) 479-3641 [ ] 2170 41st Avenue, #B, Capitola, CA 95010 (408) 476-5000 / FAX (408) 476-1647 [ ] 4340 Scotts Valley Dr. #A, Scotts Valley, CA 95066 (408) 438-4200 / FAX (408) 438-5369 [ ] 9055 Soquel Drive, Aptos, CA 95003 (408) 688-9566 / FAX (408) 688-8625 ( ] 1820 Main Street, Watsonville, CA 95076 (408) 724-8804 or 688-1448 / FAX (408) 724-2633 ( ] 1541 Pacific Avenue, #D, Santa Cruz, CA 95060 (408) 426-1711 / FAX (408) 427-3217 A M E N D E D November 15, 1996 IMPORTANT MID PENINSULA REGIONAL OPEN SPACE DISTRICT WHEN REPLYING REFER TO 330 DISTEL CIRCLE OUR NO. : 604058 JHM LOS ALTOS, CA 94022 ATTN: MIKE WILLIAMS YOUR NO. : PROPERTY: In response to the above referenced application for a Policy of Title Insurance, SANTA CRUZ 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 coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this Report. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. This Report (and any supplements or amendments thereto) 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 liabilitybe assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. Dated as of NOVEMBER 14, 1996 at 7:30 a.m. Z' // UDY RRAY, Title fficer 11 The form of Policy of Title Insurance contemplated by this Report is: C.L.T.A. Coverage Policy - 1990 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: GEORGE DENNIS PAUL, GLENNA ARLENE PAUL AND GILLIS LAWRENCE PAUL, EACH AS TO AN UNDIVIDED 1/3 INTEREST BY DECREE OF DISTRIBUTION At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy form would be as follows: See Exceptions Page One. CLTA PRELIMINARY REPORT (Rev. 1-1-95) EXHIBIT �f Page �Lof�_ EXCEPTIONS ESCROW NO. 604058 1. GENERAL AND SPECIAL COUNTY (AND CITY) TAXES, INCLUDING PERSONAL PROPERTY TAX, IF ANY FOR THE FISCAL YEAR 1996-1997 LAND VALUATION $43 , 298 . 00 IMPROVEMENT VALUATION: $10, 088 . 00 PERSONAL PROPERTY $-0- EXEMPTIONS $-0- CODE AREA NO. 65-006 PARCEL NO. 088-051-32 1ST INSTALLMENT $403 . 04 NOW DUE AND PAYABLE 2ND INSTALLMENT $403 . 04 PAYABLE BUT NOT YET DUE 2 . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3 . 5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3 . RIGHTS OF THE PUBLIC IN THAT PORTION OF SAID PROPERTY LYING WITHIN SKYLINE BOULEVARD AND SUMMIT ROAD 4 . AN EASEMENT AFFECTING THE PORTION OF SAID PROPERTY AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES, AS GRANTED IN THE DEED FROM EDITH VAN ANTWERP AND WILLIAM C. VAN ANTWERP, WIFE AND HUSBAND TO PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION FOR A SINGLE LINE OF POLES RECORDED AUGUST 23 , 1932 IN BOOK 230, PAGE 367 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 5364 AFFECTS REFERENCE TO SAID INSTRUMENT IS HEREBY MADE FOR FURTHER PARTICULARS NO ASSURANCE IS MADE HEREUNDER AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT 5. THE TERMS, COVENANTS AND PROVISIONS, RELATIVE TO THE MATTERS STATED HEREIN, OF AN AGREEMENT DATED MARCH 24 , 1988 EXECUTED BY GILLIS L. PAUL, ET AL RELATIVE TO TIMBER HARVESTING RECORDED APRIL 26, 1988 IN BOOK 4315, PAGE 604 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 022943 CONTINUED PAGE - 1 EXHIBIT Page�of � EXCEPTIONS ESCROW NO. 604058 NOTES A. NO TRANSFER OR AGREEMENTS TO TRANSFER THE PROPERTY DESCRIBED HEREIN APPEAR OF RECORD WITHIN TWENTY-FOUR MONTHS OF THE DATE OF THIS REPORT. TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY INSTRUMENT JUDGMENT OF FINAL DISTRIBUTION ON WAIVER OF ACCOUNTING FROM WILLIAM ALBERT PAUL, ALSO KNOWN AS WILLIAM A. PAUL, AND AS W. A. PAUL TO GEORGE DENNIS PAUL, GLENNA ARLENE PAUL AND GILLIS LAWRENCE PAUL, EACH AS TO AN UNDIVIDED 1/3 INTEREST BY DECREE OF DISTRIBUTION RECORDED MAY 26, 1969 IN BOOK 1953 , PAGE 150 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. : 15014 B. LAST INSURED DATE NOT APPLICABLE DP/tb:kb CONTINUED PAGE - 2 EXHIBIT Page of� ESCROW NO. 604058 EXHIBIT "A" The land referred to herein is described as follows: SITUATE IN THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: BEING THE NORTH 1/2 OF THE SOUTH 1/2 OF SECTION 1, TOWNSHIP 8 SOUTH, RANGE 3 WEST, M.D.M. APN: 88-051-32 EXHIBIT A Page of � I �o--TrCE I "IN ACCORDANCE WITH SECTION 1E:6�MAY BE REQUIRED TO WITHHOLD AN AND 18668 OF THE REVENUE AND TAXATION THE CASE OF A DISPOSITION OF CA pR;lIA AMOUNT E REAL PROPERTY QUAL TO 3 1/3PE CET OF ByHE SALES ODE A BUYER SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIF PRICENIA R WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TONER: 1, INTERMEDIARY OF THE SELLER, OR 2.BUSINESS IN CALIFORNIA. A -CORPORATE SELLER WHICH HAS NO pE �' FINANCIAL PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF I0, THE PERCENT YE HOWE MAY AMO BECOME SUB EC TO A UIRE WITHHELD OR FIVE HUNDRED DOLLARS INCLUDED IN THE CALIFORNIA STATUTES 60R.EFERENCEDYEABpVE WNOHSBUYEg GQy� BOTH ER PROVIS BE ION WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: SALES PRICE OF THE CAI.IFORNLI QUIRED TO THOUSAND THE(=iC Opp OR ZR,.EAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED ' �� THE SELLER EXECUTES 'A WRITTEN CERTIIICATE THE THE PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFO A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS..IN CALIFO ' UNDER WHO IS AN INDIVIDUAL' EXECUTES A RNL!t, OR g �A' OR IF THAT THE CALIFO WRITTEN CERTIFICATE, UNDER TgE PENALTY OF E SELLER, (AS DEFINED IN SECTION REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCD?AL I'ERJURy'SECTION 1ILI OF THE INTERNAL REVENUE CODE). RESIDENCE PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE - WITHHOLDING RE THE SELLER IS SUBJECT TO WHICH AUTHORIZE REQUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING WITHHOLDING ON A CASE-BY-CASE BASIS• AND WAIVERS .FROM FOR ADDITIONAL AND CONCE PLEASE CONTACT THE: RNING THE WITHHOLDING PROVISIONS REFERENCED ABOVE, FRANCHISE TAX BOARD WITHHOLD AT SOURCE UNIT P.O. BOX 651 SACRAMENTO, CALIFORNIA 95812-0651 (916) 369-4900 THE A CRUZ TY COMPANYT("SANTA CRUZNTITLE-)CORDER THAT THEUNTY COUNTY HAS LL NOTIFIED SANTA CRUZ TITLE DOCUMENTS WHICH: NOT ACCEPT 1, CONTAIN ANY DOT MATRIX PRINT FOR RECORDING 2• CONTAIN ANY REDUCED OR TINY PRINT g• HAVE FAINT OR INCOMPLETE OR SMUDGED NOTARY SEAL(S) 4, HAVE NOTARY SEAL(S) WHICH IS/ARE STAMPED OVER ANY LINES,PRINT OR WRITING THE FINAL DECISION ON THE RECORDABLILTY OF A DOCUMENT RESTS ENTIRELY WITH THE COUNTY RECORDER, BASED UPON THE FOREGOING, AND IS A MATTER OVER WHICH SANTA CRUZ TITLE HAS. ABSOLUTELY NO CONTROL. SANTA CRUZ TITLE IS UNABLE TO DETERMINE WITH CERTAINTY WHICH DOCUMENTS MAY, OR MAY NOT BE, ACCEPTABLE BY THE COUNTY RECORDER FOR RECORDING AND THEREFORE SANTA CRUZ TITLE ASSUMES NO LIABILITY FOR ANY DELAY IN THE DOCUMENT, OR THE CONSEQUENCES THEREOF, BASED UPON THE FOREGOING. SHOULD THERE BE ANY CONCERN OR QUESTION AS TO THE ACCEPTABILITY FOR RECORDING OF ANY DOCUMENT, YOU ARE RECORDIIdG OF A OBLIGATED TO NOTIFY FOR THE SANTA CRUZ TITLE FAR ENOUGH IN ADVANCE TO ALLOW A COUNTY RECORDER TO REVIEW THE DOCUMENT(S) IN QUESTION. ' REASONABLE TIME NOTICE III ON AND AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED00BYRA PRELIMINARY CHALNGE A DOCUMENT F OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. NOTICE IV CHAPTER 598, CALIFORNIA STATUTES OF 1989 BECAME EFFECTIVE JANUARY 1, 1990. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS DEPOSITED WITH ANY TITLE ENTITY ACTING IN AN ESCROW OR SUBESCROW THE LAW DEPOSITED AND COLLECTED BY THE TITLE ENT TY'STY.ESCROW AN /OR ESQ BIESCROW AT ALL FUNDS BE DISBURSEMENT OF ANY FUNDS. SOME METHODS OF FUNDING MAY SUBJECT FUNDS TO A HOLDING PERIOD WHICH MUST EXPIRE BEFORE ANY FUNDS MAY BE DISBURSED. IN ORDER TOCAVOID ANY SUCH DELAYS, ALL FUNDINGS SHOULD BE DONE THROUGH WIRE TRANSFER. (REV, 2/92) EXHIBIT Page "S�_ of 9 a = . POR. SECS. / A 12, Zt a''S', R�.3,W.;M.D.B.' M. 1 I ' TaX ,4reo Code 8 1t,, vti FOR TAX PURPOSES ONLY O2 ^:, ' •� + ' v' .657-.000 5...-�. . 65-006 �•�: TIMBER V�R VE16 cIi che r TIM ER Iz , ti PR SERVF. I ��. TIMBER PRESERVE p �; j� t G'• IIr��,vy,•{�,7� ZONE ��^ '�;�;( � +Li , ram. ►)'. / b � -I_ o(o O to rddo7 17 6o 'ITJN✓fuT \Iy�\ I �� Via'Y.. / : -�r1�; ti r,• ;i� IiL�, � r, :. ,. ... r'..CL'K_r�,t {�. , \ ( lilel— I ' �� �fj •}�:• .: yOL[•(,y FCK 1Qi'P. AID I. pkO'l101i'> r TO S1KEfT5 ZE1 /o t, 11)' 2 la 3 t :ii .. CIILa.ANt)III GIiNI:KF.1,1'1' PG,T R t y NO LIADILFfY IS ASSIIMF.D FON I` r 1 2� f 5!I• I:. �Vi)OTI IFk YAK OF RLL1ANCti T1IGKEOK _ _ _ ' 1 'j :t , ANY LOSS OCCUR E3Y REASON --� --` �—_ __{--- 7`�—�—.23uT t r 1 � !';h 1•! S• io ;�J '�. I -t6ToT-I`7?aj`�'� / - .ir/•. }•TNi:Yi 2 , + :, i. IVl4J r4 A3 soj a,PRyi , ,lit: A. t ' 03 S� I L o Nurirbecs :S`h8 ri;C rt e ;,i;: a _ r k ;dssessor's 161op"No.8ip;DS� i i EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS n addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorney's 3. Title Risks: -es and expenses resulting from: •that are created, allowed,or agreed to by you 1. Governmental policy power,and the existence or violation of any law or government •that are known to you, but not to us,on the Policy Date-unless they appeared regulation.This includes building and zoning ordinances and also laws and regulations in the public records concerning: that result is no loss to you •land use •that first affect your title after the Policy Date-this does not limit the labor and •improvements on the land material lien coverage in Item 8 of Covered Title Risks •land division 4. Failure to pay value for your title. •environmental protection 5. Lack of a right: This exclusion does not apply to violations or the enforcement of these matters which •to any land outside the area specifically described and referred to in Item 3 of appear in the public records at policy date. Schedule A This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered or Title Risks. •in streets,alleys„or waterways that touch your land. 2.The right to take the land by condemning it,unless: This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. •a notice of exercising the right appears in the public records on the Policy Date •the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking. SCHEDULE B EXCEPTIONS n addition to the Exclusions,you are not insured againnst loss,costs,attorney's fees,and 3. Any facts about the land which a correct survey would disclose and which are not shown ne expenses resulting from: by the public records. This does not limit the forced removal coverage in Item 12 of 1. Arry rights,interests,or claims of parties in possession of the land not shown by the Covered Title Risks. public records. 4. .Any water rights or claims or title to water in or under the land,whether or not shown 2. Anv easements or liens not shown by the public records.This does not limit the lien by the public records. coverage in Item 8 of Covered Title Risks. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY • 1990 EXCLUSIONS FROM COVERAGE 'he following matters are expressly excluded from the coverage of this policy and the (a)created,suffered,assumed or agreed to by the insured claimant: :ompany will not pay loss or damage,costs,attorney's fees or expenses which arise by reason of: (b)not known to the Company,not recorded in the public records at Date of Policy, 1. (a)Any law,ordinance or governmental regulation(including but not limited to building but known to the insured claimant and not disclosed in writing to the Company by and zoning taws,ordinances,or regulations)restricting,prohibiting or relating to Ill the insured claimant prior to the date the insured claimant became an insured under the occupancy,use,or enjoyment of the land;60 the character,dimensions or location this polity: of any improvement now or hereafter erected on the land;(iii)a separation in ownership (c) resulting in no loss or damage to the insured claimant; or a change in the dimensions or area of the land or any parcel of which the land (d)attaching or created subsequent to Date of Policy, or is or was a part;or(iv)environmental protection,or the effect of any violation of these (e) resulting in loss or damage which would not have been sustained if the insured laws,enforcement thereof or a notice of a defect,lien or encumbrance resulting from claimant had paid value for the estate or interest insured by this policy. a violation or alleged violation affecting the land has been recorded in the public records 4. Unenforceability of the lien of the insured mortgage because of the inability or failure at Date of Policy. of the insured at Date of Policy,or the inability or failure of any subsequent owner of (b)Any governmental police power not excluded by(a)above,except to the extent that the indebtedness,to comply with the applicable doing business laws of the state in a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting which the land is situated. from a violation,or alleged violation affecting the land has been recorded in the public 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which records at Date of Policy. arises out of the transaction evidenced by the insured mortgage and is based upon usury 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in or any consumer credit protection or truth in lending law.. the public records at Date of Policy,but not excluding from coverage any taking,which 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest has occured prior to Date of Policy which would be binding on the rights of a purchaser insured by this policy or the transaction creating the interest of the insured lender,by for value without knowledge. reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights 3. Defects, liens,encumbrances,adverse claims,or other matters: laws. SCHEDULE 8 EXCEPTIONS FROM COVERAGE his policy does not insure against loss or damage(and the Company will not pay costs,attorney's fees or expenses)which arise by reason of: PART 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public authority that levies taxes or assessments on real property or by the public records. records. Proceedings by a public agency which may result in taxes or assessments,or notices 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other of such proceedings,whether or not shown by the records of such agency or by the facts which a correct survey would disclose,and which are not shown by the public records. public records. 5. la) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts 2. Any facts,rights, interests or claims which are not shown by the public records but authorizing the issuance thereof,(c)water rights,claims or title to water,whether or which could be ascertained by an inspection of the land or which may be asserted not the matters excepted under(a),(b),or(c)are shown by the public records. by persons in possession thereof. FNTiC FORM NO.089-94A(2/95) EXHIBIT Preliminary Report Exhibit A Page--2 Of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Thornewood Open Space Preserve 136d, -7 WUNDERLICH COUNTY PARK f - f '# • ' r- OPEN SPACE EASEMENT i f u NO PUBLIC ACCESS 4 f M 732 � t f t I • . 0.5 _` • 1 . PICNIC AREA: � s G .y U I► USE BY PERMIT ONLY ' LEASE AREA t:�.i 4 0.T2S 'Ile Lak 16 r 1 . v t M . • t /f �, �} �' `` Jan 1994 � • y NOTE: f� ; �1;;1+► km .w -- TRAIL DISTANCE IN MILES • i AU 5. ; f f Regional Open f. ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-58 Meeting 97-10 April9, 1997 AGENDA ITEM Progress Report and Scheduling of Public Workshop for th Re iogal Open Space Plan GENERAL.MANAGER'S RECOMMFNDATION�,.. Confirm the tentative agenda and date of May 21, 1997 at 7:30 P. m. for a pu li—ws hop. DISCUSSION During February and March, separate Regional Open Space Plan (ROSP) workshops were held with District staff, other local open space and parks agency staff, and staff of agencies and organizations that don't own parks and open space, but may be concerned about the subject. These workshops were well attended and excellent input was obtained. The objective of the initial staff input part of the process was to obtain information and advice to improve the process and the ultimate product. Participation at an early stage greatly enhances the quality of the input and the good will generated. In addition to the general issues identified in the workshops, valuable specific ideas and information for the future greenbelt have been collected from District and other open space and park agency staff. Follow-up meetings are being arranged to complete the staff input process. The next stage of the planning process initiates participation by the general public. Consistent with a number of suggestions made at the staff-level workshops, a public workshop is proposed to obtain input from a broad range of District constituents before any detailed plan concepts are formulated. The objectives of the workshop are to inform the public of the ROSP effort, obtain input on desirable future greenbelt characteristics, and generate support for the plan. The workshop is tentatively scheduled for Wednesday, May 21, 1997 at 7:30 p.m. and would be widely noticed and advertised throughout the District. A very clear and basic theme for the workshop will be used in the notices to attract public attention, such as "Open or Urban? Help Us Decide." Rural neighborhood groups such as the South Skyline and King's Mountain Associations would be particularly encouraged to attend, as would the members of organizations that have typically been interested in open space preservation. Based on response to this public workshop, staff recommends assessing whether additional public workshops are warranted at this stage of the planning process. 330 Distel Circle * Los Altos, CA 94022-1404 ° Phone:415-691-1200 FAX:41 5-691-0485* E-rnail: mrosrlilopenspace.org * Web site:www.openspace.org Board of Oi e f Corti Pete Sic mens,tvlary C. Davey.Jed Cyr, David{T.Smernoff,Nonette bunko, Betsv Crmti der, Kenneth C. Nitz. Genera!kl,imigot.L.Craig,Britton R-97-58 Page 2 Tentative Outreach Workshop Agenda The proposed workshop, a noticed Board meeting, would last from 7:30 to 9:30 P.M. A large meeting space near the District office would be required to accommodate the potential public response. This would be a "listening" meeting, with no formal decision making, although the Board may respond to comments and questions, and express preferences. 1. Approximately 20 minutes background and overview of policies - emphasizing that the Draft Basic Policy and Mission Statement guide the plan. 2. 60 minutes breaking up into workgroups of 6 to 8 people. 3. Workgroup findings summarized, recorded before entire group. 4. Public can direct comments and questions directly to the Board. 5. Board responds to questions and comments - focusing on clarification, not decisions. 6. Mention next steps - formulate draft plan over the summer and invite public back to review in the fall. 7. Adjourn. Given this outreach workshop approach, the first formal public exposure of the plan concepts would occur in the fall, including presentation to park and open space agency boards or commissions and local community groups. This should not affect the overall schedule objective for completion of the plan by the end of fiscal year 1997-1998. Prepared by: R. Anderson, Senior Planner Contact person: C. Britton, General Manager Regional Open *ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-61 Meeting 97-10 April 9, 1997 AGENDA ITEM Response to 1996 Santa Clara County Grand Jury Final on Review of the Implementation of the New Brown Act by Local Gove ent Agencies. GENERAL MANAGER'S RECOMMENDATION Approve the attached draft response to the recommendations co tained in the 1996 Santa Clara County Grand Jury Final Report on Review of the Implementation of the New Brown Act by Local Government Agencies and authorize the President of the Board to sign the letter on behalf of the District. DISCUSSION On June 19, 1996 the Santa Clara County Grand Jury forwarded to the District their report "Review of the Implementation of the New Brown Act by Local Government Agencies." Staff reviewed the report and the recommendations. Most of the report's recommendations were directed to the Santa Clara County Board of Supervisors. The District was already in compliance with the remaining recommendation which read as follows: Develop and/or bring up to date written meeting procedures. They should be designed for public understanding and use, and be made available to the public. State law requires that the Board comment upon this recommendation. Attached is the recommended response to be sent by the Board President to the Presiding Judge of the Santa Clara County Superior Court. The District agrees with and complies with the Grand Jury recommendation. The District's Rules of Procedure were last amended January 11, 1995. Included were standard forms to help ensure compliance with the most recent Brown Act provisions. The forms were adopted from Report 94-68 at Meeting 94-17, June 8, 1994. Additionally the District has produced a simplified outline of Board Meeting procedures. Both documents are available to the public. Prepared by: D. Blackman, Research Attorney Contact person: S. Schectman, District Legal Counsel 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton April 10, 1997 Honorable Leslie Nichols Presiding Judge Santa Clara County Superior Court 191 North First Street San Jose, California 95113 RE: 1996 Santa Clara County Grand Jury Final Report on Review of the Implementation of the New Brown Act by Local Government Agencies. The Board of Directors of the Midpeninsula Regional Open Space District has reviewed and considered the Grand Jury's June 13, 1996 report on the District's implementation of the 1994 revisions to the Brown Act. The District agrees with the recommendations of the report and was gratified to note that it was and is in compliance with them. Specifically, the District does have written Rules of Procedure including standard forms to help ensure compliance with the most recent Brown Act provisions. Additionally the District has produced a simplified outline describing Board Meeting procedures. Both documents are available to the public. The District has provided, and will continue to provide, workshops or instructional seminars as necessary to keep responsible staff and public officials apprised of District responsibilities for compliance with the Brown Act. The District is committed to complying with the Brown Act in all its actions and doing so in a manner calculated to best serve the public interest. The District takes the public notification process seriously, even to an extent not strictly required under the Act. Sincerely, Mary Davey, President Board of Directors cc: Board of Directors 1995-1996 SANTA CLARA COUNTY GRAND JURY REVIEW OF THE IMPLEMENTATION OF THE NEW BROWN ACT BY LOCAL GOVERNMENT AGENCIES ABSTRACT Recent state legislation regarding the law (The Brown Act) which governs public meetings, mandated that local governmental agencies change their meeting procedures . To analyze these changes, the Grand Jury conducted a survey, attended public meetings, reviewed meeting Agendas and Minutes, and interviewed various public officials . The Grand Jury found the vast majority of public officials have been trained in the new law. However, only a few have published their meeting procedures and guidelines for the public. The Grand Jury recommends that the Board of Supervisors, and other local government agencies, develop and/or bring their written meeting procedures up to date. Further recommendations include encouragement of the formation of a county-wide task force to foster sharing, collaboration, and centralization of information to ensure implementation of the spirit and letter of the law. 1995-1996 SANTA CLARA COUNTY GRAND JURY REVIEW OF THE IMPLEMENTATION OF THE NEW BROWN ACT BY LOCAL GOVERNMENT AGENCIES INTRODUCTION The law which guarantees the public ' s right to attend and participate in meetings of local legislative bodies is the Ralph M. Brown Act (The Act) . On April 1, 1994 , a comprehensive reform of The Act became effective . Changes were made to almost every section of The Act to renew and bolster the public ' s right of access to local government meetings . As a result of these changes, the Grand Jury determined it would survey the methods and systems used by local legislative bodies to implement both the letter and the spirit of The Act . Authority for such analysis by the Grand Jury is contained in the California Penal Code, Article 2, Sections 925, 925a, 933 . 1, 933 . 5, and 933 . 6 . This Grand Jury review was designed to gather data using a variety of techniques including: 1 . A written survey sent to the County Government, Cities, School Districts, and selected Special Districts . 2 . Attendance at meetings of selected government bodies . 3 . A review of various agencies , meeting Agendas and Minutes . 4 . Reading applicable laws, legal opinions, court cases and training materials . S . Interviews with selected public officials and staff . DESCRIPTION The Law The Ralph M. Brown Act can be found in the California Government Code, Section 54950, et seq. Declaration of intent; sovereignty. In enacting this chapter, the Legislature finds and declares that the public commissions, boards, and councils and the other public agencies in this State exist to aid in the conduct of the people ' s business . It is the intent of the law that their deliberations be conducted openly. In 1953 , Assemblyman Ralph M. Brown introduced the bill which required public agencies to conduct their meetings in public with permissible closed sessions . The Act has been amended numerous times . A collaborative effort of representatives of public agencies, the news media, and others resulted in the changes which became effective on April 1, 1994 . The substantial changes had significant impact on public agencies, especially in the areas of 2 A employment, labor relations, and personnel related matters . it also required changes in forms, notices, checklists and other written procedures . An exception was made by the Legislature for School Districts by the passage of Senate Bill (SB) 355 . It is discussed in the FINDINGS section of this report under School Districts . In a 1994 publication of the Office of the California Attorney General, "The Brown Act - Open Meetings For Local Legislative Bodies, " the background, purpose and scope, and major provisions of The Act were outlined and summarized. The full text of The Act, related cases, statutes, Attorney General Opinions, and other legal resources were also presented. The publication states that : The Act represents the Legislature ' s determination of how the balance should be struck between public access . . . and the need for confidential candor and debate . . . the Legislature has established a presumption in favor of public access . . . but contains specific exemptions . . where government has a demonstrated need for confidentiality. The Survey The survey sought to answer the following questions : 1 . What written procedures are available to the public to assist it in understanding and following the rules? 2 . Is there ongoing training regarding The Act available for public officials, appointees, and administrative staffs? 3 . Is public participation provided for at meetings and are Agendas and back-up materials available to the public at these meetings? 4 . What problems have been caused by The Act as viewed by government officials? The Grand Jury did not make a qualitative analysis of the correlation of actual behavior of local agencies to their written procedures . No judgments were made by the Grand Jury about whether agencies actually followed each and every specific provision of the law. The purpose of the Grand Jury was to determine if compliance procedures were in place . A one-page survey form was sent in January, 1996 to the elected leaders of all governmental agencies in the County. All agencies were requested to forward the survey to those boards, commissions, and other governmental bodies that had been formed under their jurisdiction. 3 FINDINGS Responses to the survey are summarized below and are organized by governmental category to allow for the differences in local governments . Also included in the FINDINGS are the results of analysis of Agendas and Minutes, attendance at meetings, review of related materials, and interviews . Santa Clara County The County, fifth largest in the State with a population of 1, 612 , 300 , is a Charter County with five supervisors elected by district . The County employs over 1S , 000 people, the majority of whom work in Santa Clara Valley Health and Hospital System, law and justice departments, social services, and transportation. In addition to surveying implementation of The Act by the Board of Supervisors, the Grand Jury was interested in determining Board leadership to the numerous commissions, committees, authorities, and other agencies under its jurisdiction. There appears to be no comprehensive and concise list of the many entities operating as part of the County decision making process . The Grand Jury was unable to determine the number of entities which the Board of Supervisors oversees in regard to compliance with the Act . There was not a total relationship among: 1 . The responses to the Grand Jury survey. 2 . The published list of Boards and Commissions . 3 . Board of Supervisors , Committee Assignments . 4 . Meeting times and places published on Board of Supervisors ' meetings Agenda. 5 . The actual posted Agendas . A 1993 booklet entitled, Rules of the Board of Supervisors, outlined procedures for the compliance with earlier provisions of The Act . An undated Handbook for Commissions and Board Members contains the previously mentioned 1994 publication of the Attorney General . There was no written explanation of The Act and its application by the Board and its commissions available to the public. Agendas for meetings were posted on a bulletin board in the plaza at the County Government Building at 70 West Hedding Street in San Jose, including Agendas for meetings taking place at other sites . However, Agendas were not generally posted at those other sites . There were Agendas and back-up material for public information available at Board meetings . The Grand Jury observed at several Commission and committee meetings a generally cooperative attitude in providing materials to the public . The County sponsored a New Brown Act training workshop in March of 1994 . Members of all Boards, Commissions, Committees, Authorities, and staff were invited. Attendance at the workshop 4 was not mandatory. The training was conducted by County Counsel who serves, upon request, as legal counsel for many of the above- mentioned bodies . There is no evidence of systematic and ongoing training. Cities There are 15 Cities or Towns in Santa Clara County ranging in size from San Jose (849, 400 residents) to Monte Sereno (3 , 280 residents) . All cities and towns responded to the Grand Jury in a timely fashion, although quantity and quality of responses varied. The Grand Jury requested the names and listings of all agencies under each city. San Jose, Los Altos, Santa Clara, and Sunnyvale were generally complete in their responses . Most responses were prepared by the City Attorney, City Manager, or City Clerk. Four cities were exceptional in their presentation of written procedures including Mt . View, Palo Alto, San Jose and Santa Clara.. Written procedures regarding the implementation of The Act submitted by the cities consisted of memos, handbooks, resolutions, and various other types of material . The Grand Jury noted that Agendas for almost all city meetings contain guidelines for public participation. It was also observed that materials were available to the public at meetings attended by the Grand Jury. In practice, adherence to The Act was a major consideration in the conduct of the meeting. Training in The Act was provided for the most part by City Attorneys . All cities have conducted such training sessions within the last two years . There was some dependence on training received from the League of California Cities . Many cities stated that there was an ongoing process of keeping up with the changes in The Act . There was evidence that there was an ongoing process of orientation for incoming public officials in all cities . Cities reported the following typical problems in the implementation of the Act : 1 . The burden of time and cost in preparing Agendas, minutes and other materials . 2 . Training needed for Council members and staff . 3 . The gray areas of the law on closed sessions (personnel, real estate, litigation, and labor relations) . 4 . Distribution of materials . 5 . The use of fax machines and/or electronic mail enabling possible circumvention of The Act. 6 . The difficulty in conducting "Town Hall" meetings in view of agenda requirements of The Act . Some comments showed a willingness to improve systems while other 5 comments gave the impression that The Act was a general problem that got in the way of quiet meetings . The Grand Jury found that cities were adhering to the letter of the law, but a little weak on the spirit of the law. Although not mentioned in responses to the Survey, several cities have local cable television coverage of their Council meetings which allows the public to observe their deliberations . School Districts There are 37 school districts and a County Office of Education in Santa Clara County serving over 300, 000 students . Each District and the County Office is governed by an elected Board of Trustees with a Superintendent as its Chief Administrative Officer. School districts have advisory bodies which are either required by law or established to gather public input . Only three districts indicated to the Grand Jury that they took responsibility for the supervision of these groups, while other districts were silent on the issue . Emergency legislation (SB 355 of June 1994) amended certain sections of the California Education Code and specifically exempted School District Advisory Committees from the provisions of The Act . At the same time, however, SB 355 imposed restrictions on posting of Agendas and required meetings to be open to the public. This legislation allows School Site Councils and committees slightly more flexibility in dealing with local issues in a timely manner. District responses to the Grand Jury contained a wide variety of materials . Few District meeting procedures were up to date . The Grand Jury, through examination of Agendas and Minutes and attendance at various Board of Trustee meetings, noted practices and procedures that demonstrated an adequate grasp of the intent of the law. The Grand Jury also noted that some Districts have developed and/or updated their Brown Act procedures subsequent to the survey. School Boards reported receiving training from a wide variety of sources . The California School Boards Association and local Superintendents provide guidance . Several Boards had received some training from retained legal firms . Almost all had been trained on the recent changes in The Act . Public participation was noted at most school board meetings . Agendas and Minutes reflected a fundamental understanding of the Act . However, very few Districts had written guidelines concerning rights of the public regarding their participation at public meetings . This deficiency resulted in details of The Act having to be explained during the meeting, sometimes giving the appearance that the Board was not being responsive to the public . 6 Regional Open , .ice 2 1 R-97-62 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-10 April 9, 1997 AGENDA ITEM Authorization to Change District's Designation of Authorized Signatories for District Accounts and for Entering District Safe Deposit Boxes GENERAL MANAGER'S RECOMMENDATIONS..- (1) Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts (2) Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing and Endorsing Checks and Other Instruments for General Checking Account (Mid-Peninsula Bank) (3) Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing of Payroll Related Checks for Payroll Checking Account (Mid-Peninsula Bank) (4) Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Telephone Withdrawals, Deposits, and Wire Transfers (Mid-Peninsula Bank) (5) Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes (Mid- Peninsula Bank) Discussion: In light of J. Fiddes' departure from the District, it is necessary to change the District's designation of authorized signatories for our general and payroll checking accounts and for entering the District's safe deposit boxes. M. Smith, who will be serving as Acting District Clerk, has been added temporarily as a signatory for the safe deposit boxes. Prepared by: J. Fiddes, District Clerk Contact person: L. Craig Britton, General Manager 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ESTABLISHING FINANCIAL INSTRUMENT SIGNATORIES OF THE DISTRICT FOR SANTA CLARA COUNTY ACCOUNTS WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District has passed Resolution 93-13, dated April 28, 1993, authorizing signatories to make disbursements on behalf of the District. NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section 1. The signatures of the present holders of said offices are as follows, and the Director of Finance of Santa Clara County is authorized to make disbursements on behalf of the District based on any one signature for amounts under $5,000 and any two signatures for amounts $5,000 and over, as set forth below: GENERAL MANAGER L. Craig Britton PUBLIC AFFAIRS MANAGER Malcolm Smith OPERATIONS MANAGER John M. Escobar solution No. � 6 x i \,II D - PENINSULA BANK CORPORATE BANKING RESOLUTION (for Deposit Accounts) Depositor: MIDPENINSULA REGIONAL OPEN SPACE Financial MID-PENINSULA BANK DISTRICT-GENERAL ACCOUNT Institution: 420 Cowper Street 330 DISTEL CIRCLE Palo Alto,CA 94301 LOS ALTOS,CA 94022 Account No: 0108390201 1, the undersigned Secretary of the Corporation named above, HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the state of California as a corperation for profit,with its principal office at 330 DISTEL CIRCLE,LOS ALTOS,CA 94022. Account Holder. MIDPENINSUL.A REGIONAL OPEN SPACE DISTRICT- GENERAL ACCOUNT is the complete and correct name of the Account Holder. I FURTHER CERTIFY that at a meeting of the Board of Directors of the Corporation, duly and regularly called and held on April 2, 1997,at which a quorum was present and voting,the following resolutions were adopted: RESOLVED, that the Financial Institution named above at any one or more of its offices or branches,be and it hereby is designated as the Financial Institution of and depository for the funds of this Corporation,which may be withdrawn on checks,drafts,advices of debit,notes or other orders for the payment of monies beating the following appropriate number of signatures: ' 2 SIGNATURES OVER $5,000.00 of the following named officers or employees of this Corporation("Agents'),whose actual signatures are shown below: x L CRAIG BRITTON,GENERAL MANAGER X JOHN M ESCOBAR,OPERATIONS MANAGER X MALCOLM SMITH,PUBLIC AFFAIRS MANAGER and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein,or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with the Financial Institution, or for collection or discount by the Financial institution; and to accept drafts and other items payable at the Financial Institution. FURTHER RESOLVED,that the above named agents are authorized and empowered to execute such other agreements,including,but not limited to, special depository agreements and arrangements regarding the manner,conditions, or purposes for which funds,checks,or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of the revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account is maintained. Any such notice shall not affect any items in process at the time notice is given. I FURTHER CERTIFY that the persons named above occupy the positions set forth opposite their respective names and signatures;that the foregoing Resolutions now stand of record on the books of the Corporation; that they are in full force and effect and have not been modified in any manner whatsoever. CORPO. .fE BANKING RESOLUTION (for (.._posit Accounts) Page 2 (Continued) IN TESTIMONY WHEREOF, I have hereunto set my hand on , 1"7 and attest that the signatures set opposite the names listed above are their genuine signatures. CERTIFIED TO AND ATTESTED BY: X CORPORATE ' ecretary or Assistant Secretary SEAL X *NOTE: In Case the Secretary or other certifying officer is designated by the foregoing resolutions as one of the signing officers.this certificate should also be signed by a second Officer or Director of the Corporation. DEPOSIT MO,has.V.S.Pat.l T.Y.Ofi_V.r,T."r W tMT On�r�1�rvKha,Ihf:. AN higher 110-6d. CA-C:ACFIITISttrih R 'ution No. Q MID - PENINSULA BANK CORPORATE BANKING RESOLUTION (for Deposit Accounts) Depositor: MIDPENINSULA REGIONAL OPEN SPACE Financial MID-PENINSULA BANK DISTRICT-PAYROLL ACCOUNT Institution: 420 Cowper Street 330 DISTEL CIRCLE Palo Alto,CA 94301 LOS ALTOS,CA 94022 Account No: 0110653801 I, the undersigned Secretary of the Corporation named above, HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the state of California as a corporation for profit,with its principal office at 330 DISTEL CIRCLE,LOS ALTOS,CA 94o22. Account Holder. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-PAYROLL ACCOUNT is the complete and correct name of the Account Holder. I FURTHER CERTIFY that at a meeting of the Board of Directors of the Corporation,duly and regularly called and held on April 2, 1997, at which a quorum was present and voting,the following resolutions were adopted: RESOLVED, that the Financial Institution named above at any one or more of its offices or branches,be and it hereby is designated as the Financial Institution of and depository for the funds of this Corporation,which may be withdrawn on checks,drafts,advices of debit,notes or other orders for the payment of monies bearing the following appropriate number of signatures: '2 SIGNATURES OVER $5,000 of the following named officers or employees of this Corporation("Agents),whose actual signatures are shown below: X L CRAIG BRITTON,GENERAL MANAGER X JOHN M ESCOBAR,OPERATIONS MANAGER X MALCOLM SMITH,PUBLIC AFFAIRS MANAGER and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agents personal account, and the Financial Institution shalt not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein,or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with the Financial Institution, or for coltection or discount by the Financial Institution; and to accept drafts and other items payable at the Financial institution. FURTHER RESOLVED,that the above named agents are authorized and empowered to execute such other agreements,including,but not limited to, special depository agreements and arrangements regarding the manner,conditions, or purposes for which funds,checks, or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of the revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account is maintained. Any such notice shall not affect any items in process at the time notice is given. FURTHER CERTIFY that the persons named above occupy the positions set forth opposite their respective names and signatures;that the foregoing Resolutions now stand of record on the books of the Corporation; that they are in full force and effect and have not been modified in any manner whatsoever. CORPO*E BANKING RESOLUTION (for *Osit Accounts) Page 2 (Continued) IN TESTIMONY WHEREOF, I have hereunto set my hand on , 1997 and attest that the signatures set opposite the names listed above are their genuine signatures. CERTIFIED TO AND ATTESTED BY: X CORPORATE *Secretary or Assistant Secretary SEAL X *NOTE: in case the Secretary or other certifying officer is designated by the foregoing resolutions as one of the signing officers,this certificate should also be signed by a second Officer or Director of the corporation. DEPOSIT PAC A.*.UT PSG S t Y aN vw 7 OAS(t1 95T Cfl heSwvKSS,ine. N RgIHf aPlIIYPO. CA-C.1OTntiil7tt School Districts reported several problems in implementing The Act . Comments regarding the amount of time, expense, and the issues surrounding rules for Advisory Committees and School Site Councils were mentioned. Five districts reported their biggest problem was compliance with the section of The Act which requires, . . . all regular and special meetings of a legislative body to be held within the boundaries of the territory over which the local agency exercises jurisdiction. ,, Special Districts There are over fifty Special Districts in Santa Clara County that have been formed for specific purposes, such as Cemetery, Fire Protection, Hospital, Lighting, Street Maintenance, Library, Open Space, Sanitary, Transit, and Water. Several are very small and only meet occasionally. Many of these districts fall under the jurisdiction of the County or various cities and follow their respective procedures while others are independent . The Grand Jury noted that unless the Special District was large, or under the jurisdiction of another agency, written meeting procedures were almost non-existent . From the quality of most responses, the Grand Jury determined that there was an apparent lack of awareness of the fact that The Act applied to all Special Districts . Exceptionally detailed responses were received from the Mid-Peninsula Open Space Authority and the Santa Clara Valley Water District . Training was available on an intermittent basis, usually depending if there was a parent organization. Some training was received from various associations, law firms, and administrative staffs . There was an almost direct correlation between size and complexity of the district to the scope and occurrence of training received. Some Special Districts reported problems in posting requirements and ensuring that Agendas were consistent with The Act . one response read: The Act is not entirely clear how much leeway officials have in responding to public comments during "Oral Communication. " The public often expects more in the way of an immediate response to their concerns than the Act allows officials to give . This opportunity for public comment can raise expectations in the public ' s mind that an agency can' t fulfill . This comment, and others like it, contained in responses to the Grand Jury survey, clearly points out some of the difficulties experienced by local agencies in following The Act . Vigilance by the public and government officials to ensure that the business of the public is conducted in the open is required. 7 RECOMMENDATIONS The Grand Jury recommends that the County Board of Supervisors, City and Town Councils, School Boards, elected officials of Special Districts, and their respective Chief Executive Officers : Develop and/or bring up to date written meeting procedures . They should be designed for public understanding and use, and be made available to the public . The Grand Jury further recommends that the County Board of Supervisors : 1 . Encourage the formation of a County-wide task force to foster sharing, collaboration, and the centralization of information to ensure the implementation of the spirit and letter of the law. 2 . Consider development .of a video and pamphlet to be used for informing the public and training elected and appointed officials . 3 . Sponsor an annual workshop or seminar to help local government officials resolve problems and share information. 4 . Encourage the pooling of resources from the local governmental agencies who are governed by the provisions of The Act to provide funding for these recommendations . PASSED AND ADOPTED by the Santa Clara County Grand Jury this 13th day of June, 1996 . Nancy SY Freeman Foreperson J'9-1� Robert D. Kel y Foreman Pro Tem Marian E. Melendy Secretary 8 REVIEW OF THE IMPLEMENTATION OF THE NEW BROWN ACT BY LOCAL GOVERNMENT AGENCIES APPENDIX BIBLIOGRAPHY Agendas and Minutes : Santa Clara County Board of Supervisors, Cities and Towns, School Districts, and selected Special Districts . July, 1995 to May, 1996 . America Online, Mercury Center, San Jose Mercury News . Anderson, Nick. "Strengthened Law Opens Official Meetings Wider. " Apr. 19, 1993 . "Mayor Accused of Violating Meeting Law. " Apr. 30, 1993 . Aratani, Lori . "School Officials Rebut Report . " Apr. 11, 1994 . "Grand Jury Criticizes County School Board. " Apr. 8, 1994 . "Waste of Funds Cited: Grand Jury Blasts County Education Board for Allegedly Squandering $6 Million During Building Squabble . " Apr. 7, 1994 . Editorial . "Bilingual Boo-Boo: Alum Rock Trustee Must Tell The Full Story In English. " Oct . 25, 1993 . Editorial . "Residents, Understandably, Want Light On Closed Meetings. " Apr. 11, 1993 . Joachim, Leland. "Sunnyvale Mayor' s Foes May Have Violated Law. " Nov. 25, 1994 . P . "City Retains Its Method Of Picking Mayor. " June 1, 1994 . Lubman, Sarah. "District Chief Gets Ultimatum. " Jan. 20, 1996 . S.J. Unified Chief Holds Off ouster Bid. " Jan. 25, 1996 . Mercury News Staff . "Officials Post-Meeting Meal Questioned. " Nov. 19, 1993 . Payne, Aleta and Foo, Rodney. "Parents Angry At Inaction On Use of Spanish. " Oct . 16, 1993 . 9 "Cupertino School District Violated State Public Meeting Law MN Says . " Sept . 26, 1992 . Skipitares, Connie . "MN Sues Sunnyvale For Access . " Dec . 1, 1995 . Suryaraman, Maya. "Berryessa Trustee Sues Over Presidency Ouster. " Jan. 18, 1996 . . "Secrecy Alleged For Speaking Spanish At Meetings . " Oct . 14, 1993 . The Insider. "The Mighty Pen Or Bloody Sword. " Jan. 29, 1995 . Allison, Renee C. & Newton, Thomas W. Reporters Handbook on Media Law. Sacramento: California Newspaper Publishers Association, 1994 . California First Amendment Coalition. The New Brown Act . Sacramento, 1994 . California Government Code, Section 54950 et seq. Ralph M. Brown Act . Sacramento, 1994 . California School Boards Association and Kronick, Moskovitz, Tiedeman & Girard. The Brown Act : School Board and Open Meeting Laws . Sacramento, 1994 . Calonne, Ariel Pierre . Questions and Answers on the New Ralph M. Brown Act : A Brief Guide through the 1993 Amendments to California' s Open Meeting Law. Palo Alto, 1994 . Civil Law Division. The Brown Act : Open Meetings for Local Legislative Bodies . California Attorney General ' s Office, 1994 . County of Santa Clara. Rules of the Board of Supervisors . 1993 . Fourkas, Ted. Open & Public II : A User' s Guide to the Ralph M. Brown Act . 1994 . Gallo, Joan. "Summary of Brown Act Requirements . Memorandum. San Jose, June 28, 1994 . League of California Cities . The California Municipal Law Handbook. Sacramento, 1994 . Liebert, Cassidy & Frierson. The New Brown Act . Los Angeles, 1994 . Littler, Mendelson, Fastiff, Tichy & Mathiason. The "New" Brown Act . San Jose, 1994 . 10 Simitian, S. Joseph. The 1994 Ralph M. Brown Act . Palo Alto: Kay & Stevens . 1993 . Tefft, Carol . Handbook for Commissions and Board Members . Santa Clara County Public Service Agency. ND. 11 DPENINSULA REGIONAL OPEN SPACE DISTRIC ,30 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 Please note our new address and phone numbers. Thornewood Legend Thornewood Open Space Preserve is a 142-acre former estate which was given to the Sierra Club Foundation in Edna Thome's will. The property was later given to the District. The Thomewood house,surrounded by 3.5 acres of © AUTO ENTRY landscaping and a breathtaking view of the valley,is an example of the gracious estate life of the 1920s. The house and grounds are being restored by a private party, however, once each year tours of the house are offered by District HIKING ENTRY docents. The tours usually occur during the fall. Call the District office at(415) 691-1200 for more information. Access to the preserve is through a brick gate on the south side of La Honda Road (Highway 84), 1.6 miles above its intersection with Portola Road in BICYCLING ENTRY Woodside. A narrow driveway winds through the woods for 0.3 miles before reaching the parking lot. The parking area holds 12 vehicles and is located on the west side of the driveway. A 3/4 mile trail (one-way)begins at the parking ® EQUESTRIAN ENTRY area and terminates at Schilling Lake. The Visitor's Guide,a District publication available free of charge,describes all the open space preserves. Topographic maps of individual preserves are also PARKING available from the District. Please call,write or visit us: Midpeninsula Regional Open Space District;330 Distel Circle;Los Altos, CA 94022; (415) 691-1200. ROAD TRAIL PATH X NO PUBLIC ACCESS ury C.. .2 �Re. V l! .4 .�._� 7 R• 1 � � .3 ( CIrl1U CONSERVATION MANAGEMENT �•`� ., "° Woodside "'• r cf F9 1s UNIT: NO PUBLIC ACCESS 1.3 m �` o• „� ro. st 'ti � 1.8 Y � our Ci 1s 9+- REFERENCE POINT/ .7 ` YCa00cv Lu h WUMDERL/G h PRItlM ��r6R,. yiW ` LANDMARK .�o:000• 5.3 c��o` IMR 'Ow�+2 Na..,ur dWE luarrgorrw C„r, _ _ •r __ Laderer aDI • � 32 e �''•' / DISTANCE — Sky El Im Y• E 1.9 ~\\ .\ REFERENCE MARKS f %lola - °" J Valley �� • rr' RESTROOMS d p POTABLE WATER - a Trancos � 1 ? 'a Woods SPACE PRESERVE 7.1 \ BACKPACK CAMPGROUND E � t RANGER RESIDENCE Regional Open *ce R-97-54 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-10 April 9, 1997 AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for Skyline Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Adopt an amendment to the Use and Management Plan for Skyline Ridge Open Space Preserve to allow construction of a free-standing covered picnic area for school groups participating in the environmental education program at the David C. Daniels Nature Center. DISCUSSION At your March 12, 1997 meeting you considered an amendment to the Use and Management Plan for the Skyline Ridge Open Space Preserve. The project entails creation of a covered picnic area adjacent to some existing ranch buildings on the preserve. The picnic area will be used primarily by school groups visiting the David C. Daniels Nature Center. At your March 12 meeting, Director Crowder raised a question about the total costs associated with completion of the nature center and exhibits. A current cost estimate summary was available for viewing at your March 12 meeting. A copy of the cost summary is attached. No other comments have been received on this item. Prepared by: Mary de Beauvieres, Open Space Planner Contact: Same as above David C. Daniels Nature Center- Revised Cost Summary (including actual/anticipated costs) March Building Construction Total Cost Contributions Source District Expense Design 10,200 Site Preparation 1,100 Construction Observation 5,500 Construction 94,100 88,500 (1),(2) Finish ceiling, sprinklers 10,400 Utilities 7,800 Enlarge closet 3,800 Alarm System 500 Lighting Improvements 4,000 Subtotal 137,400 88,500 48,900 (1) $65,000 POST Contribution (2) $23,500 Grant Contribution Exhibit Plan Total Cost Contributions Source District Expense Conceptual Plan 9,300 Design (Phase 1) 12,400 Subtotal 21,700 21,700 Phase I Construction Total Cost Contributions Source District Expense Mobiles 9,200 Interactive Graphic Panel with Display Cases 19,200 10,000 (3) Lab/Reception Counter 7,600 6,600 (4) Storage Cabinets/Bookshelves 4,500 History Exhibit 8,800 8,800 (5) Alpine Pond Community Mural 22,200 10,000 (6) Subtotal 71,500 35,400 36,100 (3) $10,000 Daniels family donation (4) $6,600 POST contribution (5) portion of anonymous $25,000 donation (6) proposed $10,000 Compton Fndn. donation Phase 11 Construction Total Cost Contributions Source District Expense Exterior Exhibit 8,100 8,100 (5) Deck 6,000 6,000 (5) Skins/Skulls Exhibit 7,800 1,600 (5) Subtotal 21,900 15,700 6,200 (5) portion of anonymous $25,000 donation Phase III Construction Total Cost Contributions Source District Expense Underwater Video 5,000 (?) Interpretive Trail Signs 15,000 (?) Subtotal 20,000 TOTAL 272,500 139,600 112,900 (?) Potential grant Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-55 Meeting 97-10 April9, 1997 AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for Pulgas Ridge Open Space Preserve to Accommodate a Communication Site - ment with Sprint Spectrum GENERAL MANAGER'S RECOMMENDATION 1. Adopt the amendment to the Pulgas Ridge Open Space Preserve Use and Management Plan to permit a telecommunication facility to be placed on an existing Pacific Gas and Electric transmission tower. 2. Authorize the President of the Board of Directors to execute a Communications Site Lease and Agreement with Sprint Spectrum, a Limited Partnership, for the telecommunications facility at Pulgas Ridge Open Space Preserve. DISCUSSION At your March 12, 1997 meeting, you tentatively adopted the amendment to the Pulgas Ridge Use and Management Plan (see report R-97-38). The amendment provided for the installation of a communications facility at an existing PG&E tower and approved entering into a lease agreement with Sprint Spectrum at Pulgas Ridge Open Space Preserve. Staff has received no public comment since your March 12, 1997 meeting. Prepared by: Michael C. Williams, Real Property Representative n Co tact person: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton Re tion No. MID-PENINSULA BANK AUTHORIZATION FOR TELEPHONE WITHDRAWALS, DEPOSITS AND WIRE TRANSFERS WHEREAS,Undersigned has established one or more savings and deposit accounts with MID-PENINSULA BANK("Bank")and it is to the benefit of Undersigned to enter into an agreement with Bank so that Undersigned can,from Lime to time, make withdrawals and deposits from said accounts. NOW,THEREFORE,BE IT RESOLVED: That Bank pay furls from or to any of the accounts listed hereon upon authorization by any of the parties who are authorized to give written or telephonic requests for withdrawals. That if the Bank is advised by telephone that the person calling is one of the parties authorized to withdraw or transfer furls,the Bank may accept such representation as true without further inquiry,and Undersigned hereby releases Bank from any claims or causes of action which Undersigned may sufferor incurby reason of Bank's compliance with any telephonic request in connection with the listed accounts. Bank shall promptly acknowledge any telephonic withdrawals from one account and deposited into another listed account by trailing notice thereof to Undersigned. This agreement may be voluntarily terminated at any time by written notice to Bank from Undersigned,or to Undersigned from Bank. This agreement may be modified only in writing delivered to Bank or by Bank's written notice to Undersigned when Bank receives no negative response within 30 days. No voluntary termination shall affect any withdrawals,check ordeposit properly paid and issued prior to such notice and the obligations of Undersigned. FUNDS MAY BE TRANSFERRED TO AND FROM: PARTIES AUTHORIZED TO SIGN ON ACCOUNTS& MAKE TRANSFERS: 0108390201 0110653801 Account Name Account Number L. CRAIG BRITTON **or Account Name Account Number JOHN M ESCOBAR PARTIES AUTHORIZED TO MAKE TRANSFERS ONLY. **or �CDLM TH Bernardette Congdon, Accounting Specialist **or WIRE TRANSFERS ONLY: Date: MICHAEL L. FOSTER —CONTROLLER If"Undersigned"refers to a corporation account,the following must be certified by the Secretary of the Corporation I hereby certify that the foregoing is a full,true and correct copy of the resolution adopted by the Board of Directors of the at a meeting of said Board held on the day of 19 and that the signatures hereon are true and correct of those authorized to sign. (SEAL) Signature of Corporate Secretary "NOTE: If two or more signatures are required to withdraw funds,one person may request by telephone a withdrawal and a deposit into another listed account only if the same signatures appear on both accounts. 3/90 MPB-134 Resolution No. 6 MID - PENINSULA BANK SAFE DEPOSIT SIGNATURE CARD - NON PERSONAL Renter: MIDPENINSULA REGIONAL OPEN SPACE Financial MI Cowper MID-PENINSULA A BANK DISTRICT et 330 DISTEL CIRCLE Palo Alto,CA 94301 LOS ALTOS,CA 94022 RENTAL AGREEMENT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter"Renter", hereby applies to MID-PENINSULA BANK, hereinafter you","your",to rent the safe deposit box in accordance with the terms and conditions contained on both sides of this card and,in consideration of the rental and the delivery of the two keys to the box,the receipt of which is hereby acknowledged,agrees to pay the rental fees and to comply in all respects with and be bound by all the terms,conditions,rules and regulations referred to or included in this Agreement. CORPORATE/ASSOCIATION RESOLUTION I hereby certify that i am the duly qualified Secretary of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: that at a meeting regularly convened pursuant to its Bylaws on ,or by special action without a meeting,its Board of Directors adopted a resolution which has not since been modified or revoked,of which the following is a true copy: "Resolved that any one(1)of the Authorized Signers below be and they hereby are authorized to enter into such safe deposit rental agreement(s) with MID-PENINSULA BANK,as they shall deem proper,to have access to and to surrender the box or boxes,to receive and receipt for any contents of the box or boxes or other property in your possession for storing or safekeeping and to execute releases of liability with respect to any such transactions, until you receive at the location at which the safe deposit box or boxes may be rented a certified copy of a resolution revoking or modifying this resolution." I further certify that the signatures below are genuine signatures of the persons designated in the resolution. CERTIFIED TO AND ATTESTED BY: X •Secretary or Assistant Secretary - genter: MIDPENINSULA WT%PEN SPACE DISTRICT Box Number: 2704 Aumber of Signers RequiredjEACy one(1)of the Authorized Signer(s)shown bilow The Signers below authorize the Financial Institution to automatically charge account 0108390201 for the Safe Deposit Box rental amount when due. AUTHORIZED SIGNER(S)AND TITLE(S) IDENTIFICATION X SSN: Phone:(H): (W):(415)691-1200 L CRAIG BRITTON,GENERAL MANAGER Street: Job: ID: X SSN: Phone:(H): (W):(415)691-1200 MALCOLM SMITH,ACTING DISTRICT CLERK Street: Job: ID: X SSN: Phone:(H): (W):(415)691-1200 MARY C DAVEY,President Street: Job: ID: X SSN: Phone: (H): (W):(415)691-1200 PETER SIEMENS,Treasurer Street: Job: ID: ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE SAFREPOSIT SIGNATURE CARD — NON PERSONAL Page 2 (Continued) RULES AND REGULATIONS 1. Renter will abide by all the rules and regulations,whether adopted by you or imposed by law,concerning the means of access to any safe depot box rented,occupied or used by Renter,and especially to the safe deposit box described above,and also concerning the disposition of the contents of the box,and the identification of the Renter,or of any of Renter's Agents. Renter acknowledges that you have no knowledge of the contents of the box. 2. If you are served with any legal process involving any person or entity having a right of access to the box,you may suspend access to the box to any or all persons having a right of access until the action or process is released. You may comply with such process withou liability to Renter. 3. If you learn of any circumstances or conditions which in your judgment makes it reasonably possible that you will incur any liability if access to the box is permitted,you may refuse access to any and all persons without incurring any liability because of this refusal until such possibility of liability has passed, or unlit you are held harmless and indemnified to your reasonable satisfaction against liability, and for all damages, costs, expenses and reasonable attorneys'fees at trial and on appeal,incurred by you in any legal action involving the box or ifs contents. 4. Upon mailing to Renter at the address designated on your books, or otherwise delivering to Renter, or Renter's Agent or legal representative, a written notice,you may,at any time, terminate the rental and possession of the box upon refunding the unearned portion of any advance payment of rental,in which event Renter will be entitled to the contents of the box upon the surrender of the two keys to the box. 5. Unless terminated under the foregoing paragraph or unless Renter provides written notice of termination and release to you, this Agreement will automatically renew from year to year. AIf rents are payable in advance and may be changed by you from time to time without prior notice. You may ,but need not)charge the amount of any rent to any of the Renter's accounts.with you. You may refuse access to the box so long as any part of the rental remains delinquent. The waiver of your right to refuse access is not a waiver of any subsequent right to do so. 6. In the event of delinquency, you are also authorized at any time permitted by applicable law after the time of mailing to Renter at the address designated on your books or by otherwise delivering to Renter a notice of your intended action,and as soon thereafter as permitted by applicable law, to open the box forcibly,remove the contents and hold them on special deposit and as security for the payment of all amounts owing to you. You are also authorized to pay from the contents all unpaid rents,all expenses incurred in opening the box and changing the lock and keys,and all charges for the safe-keeping of the contents after removal(including any brokerage or similar charges for the sale of any of the contents),and/or to sell all or any part of the contents for that purpose,or to do any combination of the preceding acts. 7. Renter shall not assign or sublet all or part of the box or permit the box to be used for the deposit of any liquid or property of an explosive or offensive nature,or any property the possession of which is prohibited by local,state or federal laws,or which may become a nuisance to you or any other tenant,or for any purpose other than the deposit of securities,documents,valuables,and other similar property. 8. If you use reasonable care and diligence to prevent the admission of any unauthorized person to the box and to otherwise prevent loss from fire, water,fire suppression system operation or malfunction,radiation,forces of nature,or any other cause whatsoever,you shall not be responsible in any way for the box or its contents. An opening of the box by an unauthorized person shall not be inferred from the loss or destruction of any of its contents. Renter shall notify you immediately of the loss of either of the keys to the box. The cost of replacing keys or forcing the box open due to loss of keys or combination shall be paid immediately by Renter. 9. Any notice required to be given to Renter shall be sufficient when mailed to Renter by ordinary mail at the address appearing on your books relating to safe deposits,or when given verbally or otherwise to Renter or to Renter's Agent or representative. RENTAL INFORMATION: Date Opened: 04-02-1997 Opened By: 023 Box Size: 5 X 10 Key Serial Number(s): Annual Rent: $75.00 Billing: Annually beginning April 2, 1997 Key Deposit: $ Other Fees: Forcings:Cost plus$25.00 Change locks:$50.00 RELEASE REVOCATION All goods, documents, records and property held in the safe deposit I revoke my designation of box described on this card have been withdrawn from the box by as my agent. Renter or Renter's Agent. The box is surrendered and the contract for the rental thereof is terminated. Renter Renter Signature: Date: Signature: Date: DEPOSIT►AO,Rag.U.S.Pat 1 T.M.OFF.,Var.T.wc ft)m? CFI P-Sar»aas.1— AN Rights Raso—t. CA-C;%CF1%T1$%L74i Resolution No. 6 �r N1ID . PEN INSULA BANK SAFE DEPOSIT SIGNATURE CARD - NON PERSONAL Renter: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Financial MID-PENINSULA BANK 330 DISTEL CIRCLE Institution: 420 Cowper Street LOS ALTOS,CA 94022 Palo Alto,CA 94301 RENTAL AGREEMENT MIDPENINSULA REGIONAL OPEN SPACE DISTRIC,hereinafter"Renter",hereby applies to MID-PENINSULA BANK,hereinafter you",your",to rent the safe deposit box in accordance with the terms and conditions contained on both sides of this card and, in consideration of the rental and the delivery of the two keys to the box,the receipt of which is hereby acknowledged,agrees to pay the rental fees and to comply in all respects with and be bound by all the terms,conditions,rules and regulations referred to or included in this Agreement. CORPORATE/ASSOCIATION RESOLUTION I hereby certify that I am the duly qualified Secretary of MIDPENINSULA REGIONAL OPEN SPACE DISTRIC;that at a meeting regularly convened pursuant to its Bylaws on ,or by special action without a meeting, its Board of Directors adopted a resolution which has not since been modified or revoked,of which the following is a true copy: "Resolved that any one(1)of the Authorized Signers below be and they hereby are authorized to enter into such safe deposit rental agreement(s) with MID-PENINSULA BANK,as they shall deem proper,to have access to and to surrender the box or boxes,to receive and receipt for any contents of the box or boxes or other property in your possession for storing or safekeeping and to execute releases of liability with respect to any such transactions, until you receive at the location at which the safe deposit box or boxes may be rented a certified copy of a resolution revoking or modifying this resolution." I further certify that the signatures below are genuine signatures of the persons designated in the resolution. CERTIFIED TO AND ATTESTED BY: X cretary or Assistant Secretary CORPORATE - Renter: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT X Box Number: 2705 dumber of Signers Requlred:EAny one(1)of the Authorized Signer(s)shown below. The Signers below authorize the Financial institution to automatically charge account 0108390201 for the Safe Deposit Box rental amount when due. AUTHORIZED SIGNER(S)AND TITLE(S) IDENTIFICATION X SSN: Phone:(H): (W):(415)691-1200 L CRAIG BRITTON,GENERAL MANAGER Street: Job: ID: X SSN: Phone:(H): (W):(415)691-1200 MALCOLM SMITH,ACTING DISTRICT CLERK Street: Job: ID: X SSN: Phone:(H): (W):(415)691-1200 MARY C DAVEY,President Street: Job: to: X SSN: Phone:(H): (W):(415)691-1200 PETER SIEMENS,Treasurer Street: Job: to: ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE SAFL .,EPOSIT SIGNATURE CARD — N01PPERSONAL Page 2 (Continued) RULES AND REGULATIONS 1. Renter will abide by all the rules and regulations, whether adopted by you or imposed by law,concerning the means of access to any safe depos box rented,occupied or used by Renter,and especially to the safe deposit box described above,and also concerning the disposition of the contents of the box,and the identification of the Renter,or of any of Renter's Agents. Renter acknowledges that you have no knowledge of the contents of the box. 2. If you are served with any legal process involving any person or entity having a right of access to the box,you may suspend access to the box to any or all persons having a right of access until the action or process is released. You may comply with such process without liability to Renter. 3. If you learn of any circumstances or conditions which in your judgment makes it reasonably possible that you will incur any liability if access to the box is permitted,you may refuse access to any and all persons without incurring any liability because of this refusal until such possibility of liability has passed, or until you are held harmless and indemnified to your reasonable satisfaction against liability, and for all damages, costs, expenses and reasonable attorneys'fees at trial and on appeal,incurred by you in any legal action involving the box or its contents. 4. Upon mailing to Renter at the address designated on your books, or otherwise delivering to Renter, or Renter's Agent or legal representative, a written notice, you may,at any time, terminate the rental and possession of the box upon refunding the unearned portion of any advance payment of rental,in which event Renter will be entitled to the contents of the box upon the surrender of the two keys to the box. 5. Unless terminated under the foregoing paragraph or unless Renter provides written notice of termination and release to you, this Agreement will automatically renew from year to year. All rents are payable in advance and may be changed by you from time to time without prior notice. You may (but need not)charge the amount of any rent to any of the Renter's accounts with you. You may refuse access to the box so long as any part of the rental remains delinquent. The waiver of your right to refuse access is not a waiver of any subsequent right to do so. 6. In the event of delinquency, you are also authorized at any time permitted by applicable law after the time of mailing to Renter at the address designated on your books or by otherwise delivering to Renter a notice of your intended action,and as soon thereafter as permitted by applicable law, to open the box forcibly,remove the contents and hold them on special deposit and as security for the payment of all amounts owing to you. You are also authorized to pay from the contents all unpaid rents,all expenses incurred in opening the box and changing the lock and keys,and all charges for the safe-keeping of the contents after removal(including any brokerage or similar charges for the sale of any of the contents),and/or to sell all or any part of the contents for that purpose,or to do any combination of the preceding acts. 7. Renter shall not assign or sublet all or part of the box or permit the box to be used for the deposit of any liquid or property of an explosive or offensive nature,or any property the possession of which is prohibited by local,state,or federal laws,or which may become a nuisance to you or any other tenant,or for any purpose other than the deposit of securities,documents,valuables,and other similar property. 8. If you use reasonable care and diligence to prevent the admission of any unauthorized person to the box and to otherwise prevent loss from fire, water,fire suppression system operation or malfunction,radiation,forces of nature,or any other cause whatsoever you shall not be responsible in any way for the box or its contents. An opening of the box by an unauthorized person shall not be inferred from the loss or destruction of any of its contents. Renter shall notify you immediately of the loss of either of the keys to the box. The cost of replacing keys or forcing the box open due to loss of keys or combination shall be paid immediately by Renter. 9. Any notice required to be given to Renter shall be sufficient when mailed to Renter by ordinary mail at the address appearing on your books relating to safe deposits,or when given verbally or otherwise to Renter or to Renter's Agent or representative. l RENTAL INFORMATION: Date Opened: 04-02-1997 Opened By: 023 Box Size: lox 10 Key Serial Number(s): Annual Rent: $100.00 Billing: Annually beginning April 2, 1997 Key Deposit: $ Other Fees: Forcings:Cost plus$25.00 Change locks:$50.00 RELEASE REVOCATION Ali goods, documents, records and property held in the safe deposit I revoke my designation of box described on this card have been withdrawn from the box by as my agent. Renter or Renter's Agent. The box is surrendered and the contract for the rental thereof is terminated. Renter Renter Signature: Date: Signature: Date: DEPOSIT PRO,RCS.U.S.Pat.1 T.M.OFF.,Vb.7.04c(c)1997 CFI P7PSt Rc,Inc, AM Right Rta-d. CA-C,%CFhT1Sil717 Resolution No. 6 MID - PENINSULA BANK SAFE DEPOSIT SIGNATURE CARD — NON PERSONAL } n� Renter: MIDPENINSULA REGIONAL OPEN SPACE Financial MID-420 PENINSULA BANK DISTRICT 330 DISTEL CIRCLE Palo Alto,CA 94301 LOS ALTOS,CA 94022 RENTAL AGREEMENT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter"Renter", hereby applies to MID-PENINSULA BANK, hereinafter"you", your", to rent the safe deposit box in accordance with the terms and conditions contained on both sides of this card and,in consideration of the rental and the delivery of the two keys to the box,the receipt of which is hereby acknowledged,agrees to pay the rental fees and to comply in all respects with and be bound by all the terms,conditions,rules and regulations referred to or included in this Agreement. CORPORATE/ASSOCIATION RESOLUTION I hereby certify that I am the duly qualified Secretary of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT; that at a meeting regularly convened pursuant to its Bylaws on April 2, 1997, or by special action without a meeting, its Board of Directors adopted a resolution which has not since been modified or revoked,of which the following is a true copy: "Resolved that any one(1)of the Authorized Signers below be and they hereby are authorized to enter into such safe deposit rental agreement(s) with MID-PENINSULA BANK,as they shall deem proper,to have access to and to surrender the box or boxes,to receive and receipt for any contents of the box or boxes or other property in your possession for storing or safekeeping and to execute releases of liability with respect to any such transactions, until you receive at the location at which the safe deposit box or boxes may be rented a certified copy of a resolution revoking or modifying this resolution." I further certify that the signatures below are genuine signatures of the persons designated in the resolution. CERTIFIED TO AND ATTESTED BY: X *Secretary or Assistant Secretary - Renter: MIDPENINSULA SWR)PEN SPACE DISTRICT Box Number: 2706 Aumber of Signers Require4jEAiy one(1)of the Authorized Signer(s)shown b1tow The Signers below authorize the Financial Institution to automatically charge account 0108390201 for the Safe Deposit Box rental amount when due. AUTHORIZED SIGNER(S)AND TITLE(S) IDENTIFICATION X SSN: Phone:(H): (W):(415)691-1200 L CRAIG BRITTON,GENERAL MANAGER Street: Job: ID: X SSN: Phone:(H): (W):(415)691-1200 MALCOLM SMITH,ACTING DISTRICT CLERK Street: Job: ID: X SSN: Phone: (H): (W):(415)691-1200 MARY C DAVEY,President Street: Job: ID: X SSN: Phone:(H): (W):(415)691-1200 PETER SIEMENS,Treasurer Street: Job: ID: ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE SAFE DEPOSIT SIGNATURE CARD — NON PERSONAL Page 2 (Continued) RULES AND REGULATIONS 1. Renter will abide by all the rules and regulations,whether adopted by you or imposed by law,concerning the means of access to any safe depoa, box rented,occupied or used by Renter,and especially to the safe deposit box described above,and also concerning the disposition of the contents of the box,and the identification of the Renter,or of any of Renter's Agents. Renter acknowledges that you have no knowledge of the contents of the box. 2. If you are served with any legal process involving any person or entity having a right of access to the box,you may suspend access to the box to any or all persons having a right of access until the action or process is released. You may comply with such process without liability to Renter. 3. If you learn of any circumstances or conditions which in your judgment makes it reasonably possible that you will incur any liability if access to the box is permitted,you may refuse access to any and all persons without incurring any liability because of this refusal until such possibility of liability has passed, or until you are held harmless and indemnified to your reasonable satisfaction against liability, and for all damages, costs, expenses and reasonable attorneys'fees at trial and on appeal,incurred by you in any legal action involving the box or its contents. 4. Upon mailing to Renter at the address designated on your books, or otherwise delivering to Renter, or Renter's Agent or legal representative, a written notice, you may,at any time, terminate the rental and possession of the box upon refunding the unearned portion of any advance payment of rental,in which event Renter will be entitled to the contents of the box upon the surrender of the two keys to the box. 5. Unless terminated under the foregoing paragraph or unless Renter provides written notice of termination and release to you, this Agreement will automatically renew from year to year. At rents are payable in advance and may be changed by you from time to time without prior notice. You may (but need not)charge the amount of any rent to any of the Renter's accounts with you. You may refuse access to the box so long as any part of the rental remains delinquent. The waiver of your right to refuse access is not a waiver of any subsequent right to do so. 6. In the event of delinquency, you are also authorized at any time permitted by applicable law after the time of mailing to Renter at the address designated on your books or by otherwise delivering to Renter a notice of your intended action,and as soon thereafter as permitted by applicable law, to open the box forcibly,remove the contents and hold them on special deposit and as security for the payment of all amounts owing to you. You are also authorized to pay from the contents all unpaid rents,all expenses incurred in opening the box and changing the lock and keys,and all charges for the safe—keeping of the contents after removal(includingany brokerage or similar charges for the sale of any of the contents),and/or to sell all or any part of the contents for that purpose,or to do any combination of the preceding acts. 7. Renter shall not assign or sublet all or part of the box or permit the box to be used for the deposit of any liquid or property of an explosive or offensive nature,or any property the possession of which is prohibited by local,state,or federal laws,or which may become a nuisance to you or any other tenant,or for any purpose other than the deposit of securities,documents,valuables,and other similar property. 8. If you use reasonable care and diligence to prevent the admission of any unauthorized person to the box and to otherwise prevent loss from fire, water,fire suppression system operation or malfunction,radiation,forces of nature,or any other cause whatsoever,you shall not be responsible in any way for the box or its contents. An opening of the box by an unauthorized person shall not be inferred from the loss or destruction of any of its contents. Renter shall notify you immediately of the loss of either of the keys to the box. The cost of replacing keys or forcing the box open due to loss of keys or combination shall be paid immediately by Renter. 9, Any notice required to be given to Renter shall be sufficient when mailed to Renter by ordinary mail at the address appearing on your books relating to safe deposits,or when given verbally or otherwise to Renter or to Renter's Agent or representative. RENTAL INFORMATION: Date Opened: 04-02-1997 Opened By: 023 Box Size: 10 X 10 Key Serial Number(s): Annual Rent: $100.00 Billing: Annually beginning April 2, 1997 Key Deposit: $ Other Fees: Forcings:Cost plus$25.00 Change locks:$50.00 RELEASE REVOCATION All goods, documents, records and property held in the safe deposit I revoke my designation of box described on this card have been withdrawn from the box by as my agent. Renter or Renter's Agent. The box is surrendered and the contract for the rental thereof is terminated. Renter Renter Signature: Date: Signature: Date: DEPOSIT PRO,Reg.U.Y.PSL S TV,OW.Vsr.7"c;p i"? CF1►r PSomcss,W. AN A%hls Res-d. CA-C:ICFI\TISLLT17 Regional Open Sjkce 1 R-97-W MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-10 April 9, 1997 AGENDA ITEM Attendance at Special Park Districts Forum '97 - J. Cyr GENERAL MANAGER'S RECOMMENDATION / Authorize Director Cyr to attend the Special Park Districts Forum '97 at a projected cost of $1,500. DISCUSSION The 1997 Special Park Districts Forum will be held June 11-14 in Columbus, Ohio. This year's Forum is hosted by the Columbus and Franklin County Metropolitan Park District. Topics to be covered in the program include resource and visitor management, wetland development and management, special park district administrative issues, and tours of special facilities. The registration fee for the Special Parks District Forums is $300. Total projected expenses, including fees, airfare, and lodging are approximately $1,500. Most meals are included in the registration fee. Funding for a Board member to attend the Forum was included in the 1997-1998 budget. East Bay Regional Park District will host next year's Forum. Midpeninsula Regional Open Space District will be a co-host and some of that Forum's tour will include District preserves. Prepared by: L. Craig Britton, General Manager Contact person: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd©openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz• Genera!Manager:L.Craig Britton Regional Open ,$ace s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-63 Meeting 97-10 April 9, 1997 AGENDA ITEM Request From the Coastal Alliance and Half Moon Bay Council that the District Explore Methods to Preserve Coastside Open,Space GENERAL MAN RE OM A 1. Authorize the General Manager to utilize District resources to research possible methods or processes for preserving open space on the San Mateo County coast, and to report findings to the Board. 2. Authorize Directors Crowder, Davey, and Hanko to be members of an uncompensated ad hoc committee representing the District on this issue. DISCUSSION Directors Crowder, Davey, and Hanko have met to discuss how the District might be involved in open space preservation efforts on the San Mateo County coast, and have met with groups and individuals interested in developing an open space preservation program for this area. Last week, the Half Moon Bay City Council adopted the attached resolution supporting efforts by the District to research possible preservation methods. In addition, the Coastside Alliance, a grassroots preservation organization, submitted to the District the attached letter requesting that the District formally begin an active exploration of coastside preservation. Undertaking such research is consistent with the District's overall mission and goals, will aid in the District's planning and implementation of an overall system of regional parks and open space, and will further the purposes of the District. Prepared by: M. Smith, Public Affairs Manager Contact person: L. Craig Britton, General Manager 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton r Whereas the Midpeninsula Regional Open Space District (MROSD) is a public agency formed in 1972 by voter initiative: and Whereas the MROSD includes coastal areas of San Mateo County; and Whereas MROSD has been successful in preserving some 41000 acres of foothill and baylands; and Whereas MROSD will consider at its 4/9 Board meeting whether to devote staff resources to conducting research on whether and how to preserve Coastside open space; and Whereas a significant number of Coastside residents have voiced support for open space preservation at various government and community group meetings and press forums; Be it resolved that the HMB City Council supports MROSD's conduct of Coastside open space research and requests documentation and presentation of results when they become available. Apr-04-97 03: 11P Video Arts Batt-St. 415 788 3331 P.02 OAOTAL ALLIANC Board of Directors March 29, 1997 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1.404 415/691-1200 Honorable Members of the Board: As concerned and active residents of the San Mateo County Coast, the realize the im- portance of protecting the valuable open space of our area. Citizens of the coastal areas have continually voiced support for open space preservation at public meetings and forums, and we are actively working to research and implement the means for this preservation. To that end, the Steering Committee of the Coastal Alliance and the undersigned citizens, businesses, organizations and elected representatives request that the Midpeninsula Regional Open Space District begin actively exploring the possibilities of preserving open space on the San Mateo Coast. We offer our cooperation and local guid- ance to expedite this research. The Coastal Alliance is a multi-issue, grassroots organization comprised of representa- tives from environmental groups ranging from Pescadero to Pacifica. Our mission is to pro- tect the quality of life and natural environment along the San Mateo coast, and to facilitate communication and cooperation among groups and individuals who share this vision. Thank you for your response to this important issue. For the Steering Committee of the Coastal Alliance, Chuck Kozak Montara CA 415/728-8239 Attached: Signatures of support Coastal AIliance - 2098 Touraine Lane - Half Mown Bay, CA - 94019 • 415/726-9189 Apr-04-97 03: 11P Video Arts Batt.St. 415 788 3331 P.03 re: Coastal Alliance letter of 3/29/97 - In support of MROSD exploring possibilities of preserving open space on the San Mateo County Coast. Affiliation/ Name City Occupation Representing J L -r/C ` ✓�ti 1, « /,�> G-�,y� �S L� •ill L� � c i i /" ��'���'7 L'1 '�"+� �� �t1'1l'.f l%" ` 4�l�i `1 l'' 4; GJLt `�U�' s. � t�(�•.',1 d / z LG`�L'��"IC,✓�? 40 .J/a�Hllll�o l- , rl l CL L[ L LsL. G':r'v'+'iri.Ir•�.,�! � ru i G • Affiliation does not imply organizational endorsement Coastal Alliance • 2098 Touraine Lane • Half Moon Bay, CA • 94019 415/726-9I89 Apr-04-97 03: 11P Video Arts Batt.St. 415 788 3331 P.04 re: Coastal Alliance letter of 3/29/97 - In support of 71AROSD exploring possibilities of preserving open space on the San Mateo County Coast. Affiliation*/ Name City Occupation Representing J A h IN, . h, /v r7c� 1'�i yz Fi o ,c:f �� cc. 1d�1MA.h N���ta,aa� L,. p yA school e. Ci. I 0, cA jA�6 e-: �� _q % &gA 9yol ` r * Affiliation does not imply organizational endorsement Coastal Alliance • 2098 Touraine Lane • Half Moon Bay, CA • 94019 • 415/726-9189 Claims No. 97-08 Meeting 97-10 Date:April 09, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1937 444.82 Acme & Sons Sanitation Sanitation Services 1938 279.28 ADT Security Systems Alarm Service 1939 510.20 American Traffic Supply Marker Posts 1940 8,248.00 ATC Associates, Inc. Asbestos and Lead Based Paint Survey 1941 5.20 AT & T Telephone Service 1942 94.75 Aura Hardwoods, Inc. Plywood 1943 115.00 Robert Balcorn Slide Removal-Alamitos Road 1944 151.28 Beck's Shoes Uniform Boots 1945 793.22 Big Creek Lumber Railroad Ties 1946 7,500.00 Louis Bordi, General Engineering Grading Services 1947 47.05 Breon, O'Donnell, Miller, Brown & Dennis Legal Services 1948 180.00 Building Education Center Electrical Workshop--S. Hooper 1949 43.73 California Water Service Water Service 1950 150.00 *1 CAPIO Conference 1951 729.12 Carsonite International Corp. Road Markers 1952 651.93 Cascade Fire Equipment Company Fire Equipment 1953 55.07 Continuing Education of the Bar Resource Documents 1954 1,312.50 Clevenger Realty Appraisal Corp. Appraiser Service 1955 44.17 Coastal Ford Tractor Tractor Parts 1956 291.65 Patrick Congdon Reimbursement--Supplies 1957 12.93 Contemporary Engraving Name Tags 1958 3,874.04 Corporate Graphics Post-it Pads 1959 114.74 Council on Education in Management Resource Documents 1960 280.00 Coyote Creek Riparian Station Frog and Snake Survey 1961 251.93 Dennis Danielson Reimbursement--Uniform Expense 1962 79.50 Brendan Downing Reimbursement--Class B License and Uniform Expense 1963 281.26 101 Equipment Sales Trailor 1964 47.00 John Espinoza Enterprise Rental Repair 1965 65.00 Evergreen Environmental Services Waste Oil Pick Up 1966 808.09 Farrelle Communications Radio Reprogramming Service 1967 462.13 Forestry Suppliers, Inc. Fire Equipment 1968 178.00 Film To Frame Film 1969 70.00 Ken Fisher Docent Training 1970 16.76 Foster Bros. Security Systems, Inc. Keys 1971 35.13 G & K Services Shop Towel Service 1972 42.82 Graniterock Cold Patch--Road Repair 1973 113-37 GTE Mobilnet Cellular Phone Service 1974 50.00 Keith Guitierrez Docent Training 1975 53.36 Linda Hyman Reimbursement--Conference 1976 199.18 Interstate Traffic Control Products Barricades 1977 55.00 Travis Jensen Reimbursement--Boot Rebuild 1978 90.00 Kwik Key Lock & Safe Co., Inc. Lock Adjustment--Distel Circle 1979 71.09 John Kowaleski Reimbursement--Uniform Expense 1980 85.00 Los Altos Chamber of Commerce Membership Dues *1 Urgent Check Issued April 1, 1997 Page 1 Claims No. 97-08 Meeting 97-10 Date:April 09, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1981 103.74 Los Altos Garbage Company Dumpster Service 1982 279.58 Lucent Technologies A T & T Maintenance Service 1983 230.15 Brian Malone Reimbursement--Uniform Expense 1984 240.32 Marin Supply Company Restroom Supplies 1985 174.51 Paul McKowan Vehicle Expense 1986 135.80 McGrath RentCorp Skyline Office Rental Trailor 1987 119.00 Menlo Park Chamber of Commerce Membership Dues 1988 1,955.00 MetroMobilCommunications Radio Repair and Maintenance 1989 260.00 Micro Accounting Solutions Computer Consulting Service 1990 333.00 Micromedia, Inc. Microfiche Service 1991 185.45 Ken Miller Reimbursement--Conference Expense 1992 1,768.05 Minton's Lumber & Supply Field Supplies and Tools 1993 975.00 Mountain Man Wood Co., Inc. Tree Removal Service--Skyline Office 1994 100.00 Mountain View Chamber of Commerce Membership Dues 1995 1,583.09 Navarone Mailing Services Spring 97' Newsletter Mailing 1996 139.88 Northern Energy Propane Service 1997 40.37 Noble Ford Tractor, Inc. Hydraulic Oil 1998 930.53 Office Depot Office Supplies 1999 360.00 Overhead Door Company of Santa Clara Valley Garage Door Replacement--Enterprise 2000 267.15 Pacific Bell Telephone Service 2001 100.00 Palo Alto Chamber of Commerce Membership Dues 2002 6.87 City of Palo Alto Utilities Utilities 2003 40.00 Palo Alto Weekly Subscription Renewal 2004 32.33 Loro Paterson Reimbursement--Uniform Expense 2005 161.53 Peninsula Blueprint, Inc. Bluelines and Maps 2006 158.95 Warren Phillips Reimbursement--EMT Recertification 2007 2,924.99 Pine Cone Lumber Co., Inc. Lumber 2008 342.26 PIP Printing Printing Service 2009 187.91 Rabbit Copiers, Inc. Skyline Copier Service 2010 96.00 Rich's Tire Service Vehicle Tire Service 2011 1,942.65 Roy's Repair Service Vehicle Repair and Maintenance 2012 92.00 The Pryor Report Subscription Renewal 2013 182.89 R.V. Cloud Company Plumbing Repair Parts 2014 1,114.01 Repo Depo Boxes and Chairs 2015 440.34 Russ Enterprises, Inc. Metal Signs 2016 164.00 San Carlos Chamber of Commerce Membership Dues 2017 129.24 David Sanguinetti Reimbursement--Office Chairs 2018 65.00 Saratoga Chamber of Commerce Membership Dues 2019 1,396.00 Scribner Graphic Press Spring 97' Newsletter Printing 2020 22.00 Sequoia Analytical Water Testing 2021 246.37 Shell Oil Company Fuel 2022 116.95 Skyline County Water District Water 2023 152.46 Malcolm Smith Vehicle Expense 2024 78.00 •2 Space Designs Office Furniture Repair Service •2 Urgent Check Issued April 3, 1997 Page 2 Claims No. 97-08 Meeting 97-10 Date:April 09, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2025 38.16 State Board of Equalization Diesel Fuel Tax 2026 3,965.95 Stevens Creek Quarry Rock for Montebello Road 2027 80.00 Sunnyvale Chamber of Commerce Membership Dues 2028 487.74 Summit Uniforms Uniform Expense 2029 4,300.00 Sun Valley Tree Service Tree Trimming and Removal Service 2030 1,377.23 Target Specialty Products Weed Abatement Chemicals 2031 1,498.31 Teater & Etc. Maps and Brochures 2032 60.00 Terminex International Pest Control Service 2033 840.00 Foster Thompson Trail Use Report Consultant 2034 59.75 Trestle Property Management Water Meter Reading Service 2035 32.64 University Art Center Planning Supplies 2036 152.57 Vallen Safety Supplies Company Safety Equipment 2037 46.94 Lillian Vernon Boot Scraper 2038 5,272.20 Rich Voss Trucking, Inc. Rock Hauling Fees--Montebello Road 2039 140.00 Diane West-Bourke Docent Training 2040 720.00 Wilderness Graphics, Inc. Trail Signs 2041 141.23 Michael Williams Vehicle Expense 2042 193.17 Winchester Hardware, Inc. Shovels 2043 300.00 Roberta Wolfe Recording Services 2044 94.43 The Workingman's Emporium Uniform Expense 2045 52.11 Lisa Zadek Reimbursement--Office Supplies 2046R 225.00 *3 The State Bar of California Conference Registration--S. Schectman 2047R 141.92 California Trail Days T-Shirts and Patches for CA Trail Days 2048R 1,200.00 Columbus/Franklin County Metro Park District Park Forum Registration--M. Smith, J. Cyr C. Britton, and C. Bruins 2049R 1,636.17 Jakaby Engineering Civil Engineering Services--La Honda Creek and El Corte de Madera 205OR 360.00 League of California Cities Conference and Handbook--S. Schectman 2051 R 422.32 David Sanguinetti Reimbursement--Computer Accessories 2052R 4,720.00 E. R. Sheehan Trail Construction--Fremont Older 2053R 315.52 Petty Cash Local and Out of Town Business Meetings Photo Reproduction, Office and Nature Center Supplies •3 Urgent Check Issued April 7, 1997 TOTAL 78,230.03 Page 3 i Claims No. 97-08 Meeting 97-10 Date:April 09, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1937 444.82 Acme & Sons Sanitation Sanitation Services 1938 279.28 ADT Security Systems Alarm Service 1939 510.20 American Traffic Supply Marker Posts 1940 8,248.00 ATC Associates, Inc. Asbestos and Lead Based Paint Survey 1941 5.20 AT & T Telephone Service 1942 94.75 Aura Hardwoods, Inc. Plywood 1943 115.00 Robert Balcorn Slide Removal-Alamitos Road 1944 151.28 Beck's Shoes Uniform Boots 1945 793.22 Big Creek Lumber Railroad Ties 1946 7,500.00 Louis Bordi, General Engineering Grading Services 1947 47.05 Breon, O'Donnell, Miller, Brown & Dannis Legal Services 1948 180.00 Building Education Center Electrical Workshop--S. Hooper 1949 43.73 California Water Service Water Service 1950 150.00 *1 CAPIO Conference 1951 729.12 Carsonite International Corp. Road Markers 1952 651.93 Cascade Fire Equipment Company Fire Equipment 1953 55.07 Continuing Education of the Bar Resource Documents 1954 1,312.50 Clevenger Realty Appraisal Corp. Appraiser Service 1955 44.17 Coastal Ford Tractor Tractor Parts 1956 291.65 Patrick Congdon Reimbursement--Supplies 1957 12.93 Contemporary Engraving Name Tags 1958 3,874.04 Corporate Graphics Post-it Pads 1959 114.74 Council on Education in Management Resource Documents 1960 280.00 Coyote Creek Riparian Station Frog and Snake Survey 1961 251.93 Dennis Danielson Reimbursement--Uniform Expense 1962 79.50 Brendan Downing Reimbursement--Class B License and Uniform Expense 1963 281.26 101 Equipment Sales Trailor 1964 47.00 John Espinoza Enterprise Rental Repair 1965 65.00 Evergreen Environmental Services Waste Oil Pick Up 1966 808.09 Farrelle Communications Radio Reprogramming Service 1967 462.13 Forestry Suppliers, Inc. Fire Equipment 1968 178.00 Film To Frame Film 1969 70.00 Ken Fisher Docent Training 1970 16.76 Foster Bros. Security Systems, Inc. Keys 1971 35.13 G & K Services Shop Towel Service 1972 42.82 Graniterock Cold Patch--Road Repair 1973 113.37 GTE Mobilnet Cellular Phone Service 1974 50.00 Keith Guitierrez Docent Training 1975 53.36 Linda Hyman Reimbursement--Conference 1976 199.18 Interstate Traffic Control Products Barricades 1977 55.00 Travis Jensen Reimbursement--Boot Rebuild 1978 90.00 Kwik Key Lock & Safe Co., Inc. Lock Adjustment--Distel Circle 1979 71.09 John Kowaleski Reimbursement--Uniform Expense 1980 85.00 Los Altos Chamber of Commerce Membership Dues *1 Urgent Check Issued April 1, 1997 Page 1 Claims No. 97-08 Meeting 97-10 Date: April 09, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1981 103.74 Los Altos Garbage Company Dumpster Service 1982 279.58 Lucent Technologies A T & T Maintenance Service 1983 230.15 Brian Malone Reimbursement--Uniform Expense 1984 240.32 Marin Supply Company Restroom Supplies 1985 174.51 Paul McKowan Vehicle Expense 1986 135.80 McGrath RentCorp Skyline Office Rental Trailor 1987 119.00 Menlo Park Chamber of Commerce Membership Dues 1988 1,955.00 MetroMobilCommunications Radio Repair and Maintenance 1989 260.00 Micro Accounting Solutions Computer Consulting Service 1990 333.00 Micromedia, Inc. Microfiche Service 1991 185.45 Ken Miller Reimbursement--Conference Expense 1992 1,768.05 Minton's Lumber & Supply Field Supplies and Tools 1993 975.00 Mountain Man Wood Co., Inc. Tree Removal Service--Skyline Office 1994 100.00 Mountain View Chamber of Commerce Membership Dues 1995 1,583.09 Navarone Mailing Services Spring 97' Newsletter Mailing 1996 139.88 Northern Energy Propane Service 1997 40.37 Noble Ford Tractor, Inc. Hydraulic Oil 1998 930.53 Office Depot Office Supplies 1999 360.00 Overhead Door Company of Santa Clara Valley Garage Door Replacement--Enterprise 2000 267.15 Pacific Bell Telephone Service 2001 100.00 Palo Alto Chamber of Commerce Membership Dues 2002 6.87 City of Palo Alto Utilities Utilities 2003 40.00 Palo Alto Weekly Subscription Renewal 2004 32.33 Loro Paterson Reimbursement--Uniform Expense 2005 161.53 Peninsula Blueprint, Inc. Bluelines and Maps 2006 158.95 Warren Phillips Reimbursement--EMT Recertification 2007 2,924.99 Pine Cone Lumber Co., Inc. Lumber 2008 342.26 PIP Printing Printing Service 2009 187.91 Rabbit Copiers, Inc. Skyline Copier Service 2010 96.00 Rich's Tire Service Vehicle Tire Service 2011 1,942.65 Roy's Repair Service Vehicle Repair and Maintenance 2012 92.00 The Pryor Report Subscription Renewal 2013 182.89 R.V. Cloud Company Plumbing Repair Parts 2014 1,114.01 Repo Depo Boxes and Chairs 2015 440.34 Russ Enterprises, Inc. Metal Signs 2016 164.00 San Carlos Chamber of Commerce Membership Dues 2017 129.24 David Sanguinetti Reimbursement--Office Chairs 2018 65.00 Saratoga Chamber of Commerce Membership Dues 2019 1,396.00 Scribner Graphic Press Spring 97' Newsletter Printing 2020 22.00 Sequoia Analytical Water Testing 2021 246.37 Shell Oil Company Fuel 2022 116.95 Skyline County Water District Water 2023 152.46 Malcolm Smith Vehicle Expense 2024 78.00 *2 Space Designs Office Furniture Repair Service *2 Urgent Check Issued April 3, 1997 Page 2 Claims No. 97-08 Meeting 97-10 Date:April 09, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2025 38.16 State Board of Equalization Diesel Fuel Tax 2026 3,965.95 Stevens Creek Quarry Rock for Montebello Road 2027 80.00 Sunnyvale Chamber of Commerce Membership Dues 2028 487.74 Summit Uniforms Uniform Expense 2029 4,300.00 Sun Valley Tree Service Tree Trimming and Removal Service 2030 1,377.23 Target Specialty Products Weed Abatement Chemicals 2031 1,498.31 Teater & Etc. Maps and Brochures 2032 60.00 Terminex International Pest Control Service 2033 840.00 Foster Thompson Trail Use Report Consultant 2034 59.75 Trestle Property Management Water Meter Reading Service 2035 32.64 University Art Center Planning Supplies 2036 152.57 Vallen Safety Supplies Company Safety Equipment 2037 46.94 Lillian Vernon Boot Scraper 2038 5,272.20 Rich Voss Trucking, Inc. Rock Hauling Fees--Montebello Road 2039 140.00 Diane West-Bourke Docent Training 2040 720.00 Wilderness Graphics, Inc. Trail Signs 2041 141.23 Michael Williams Vehicle Expense 2042 193.17 Winchester Hardware, Inc. Shovels 2043 300.00 Roberta Wolfe Recording Services 2044 94.43 The Workingman's Emporium Uniform Expense 2045 52.11 Lisa Zadek Reimbursement--Office Supplies TOTAL 69,209.10 Page 3 Regional Open Oare MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: April 9, 1997 SUBJECT: FYI 330 Distel Circle Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485® E-mail: mros( openspace.org Web site:www.operispace.org Board of Directors Pete Siemens,Mary C. Davey,,led Cyr,David T.Smemoti, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz . General Manager:L Craig Britton RESOLUTION NO. C—3 4 97 A RESOLUTION OF THE CITY OF HALF MOON BAY SUPPORTING THE MID-PENINSULA REGIONAL OPEN SPACE DISTRICTS STUDY OF COASTSIDE OPEN SPACE WHEREAS, the Mid-Peninsula Regional Open Space District (MROSD) is a public agency formed in 1972 by voter initiative; and WHEREAS, the MROSD includes coastal areas of San Mateo County; and WHEREAS, MROSD has been successful in preserving some 41,000 acres of foothill and baylands; and WHEREAS, MROSD will consider at its April 9 Board meeting whether to devote stag resources to conducting research on and how to preserve Coastside open space; and WHEREAS, a significant number of Coastside residents have voiced support for open space preservation at various government and community group meetings and press forums; and WHEREAS, the MROSD research process historically includes local public input and review opportunities. NOW, THEREFORE, BE IT RESOLVED, that the Half Moon Bay City Council supports the Mid-Peninsula Regional Open Space District research of Coastside open space and requests documentation and presentation of results when they become available. BE IT FURTHER RESOLVED, that the foregoing resolution was duly passed and adopted on this 1ST day of APRIL , 1997, by the City Council of the City of Half Moon Bay by the following vote: AYES, COUNCILMEMBERS COLEMAN, CUPP, PATRIDGE AND MAYOR RUDDOCK NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS ABSTAIN, COUNCILMEMBERS DONOVAN ATTEST: 00� Dorothy R. Robbi , City Clerk De orah uddock, M yor PASSEL} ANb .nwl1r' Lu AI , COUIJ IL h EE OF CITY CLERK Regional Open *ce ----------------- 1 ----..� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 4, 1997 Honorable Mike Machado Members, Assembly Committee on Water, Parks, and Wildlife California State Assembly, State Capitol P.O. Box 942849 Sacramento, CA 94249-0001 Subject: Support for AB 1366 Dear Assemblymember Machado and Committee Members: I am writing to urge your support of Assembly Bill 1366 when it comes before the Assembly Committee on Water, Parks, and Wildlife on April 15. This bill will provide for the transfer of easements from the State's defunct California Hiking and Riding Trail program to the Midpeninsula Regional Open Space District or the County of San Mateo. By authorizing these easement transfers, this bill provides an opportunity for the District and the County to fully develop significant segments of trail in the tnidpeninsula area, and make regional trail connections between thousands of acres of open space preserves and county parks. The California Riding and Hiking Trail project of the early 1950s was an effort by the State to create a continuous hiking/equestrian trail through California from the Oregon border to Mexico. The planned route passed through the San Francisco peninsula, including current boundaries of the Open Space District and the County,of San Mateo. Before the project was abandoned, a number of easements were acquired by the State including some areas that are now within District preserves or County parks. Some have been utilized as trails, but many have remained unused throughout the years. This bill, similar to one passed in 1982 providing easement transfers to the East Bay Regional Parks District, will give the District and the County the ability to implement trail segments that otherwise would never be developed by the State. I urge your support of AB 1366 when it comes before you on the Assembly Committee on Water, Parks, and Wildlife on April 15. n ely, L. g itton General Manager LCB/mcs cc: MROSD Board of Directors Honorable Ted Lempert Ralph Heim 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail:mrosdQopenspace.org • Web site:www.openspace.org Board or Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton t Regional Open *ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum ! 04 April 1997 A no 8 1997 � y To: Craig Britton From: David Smernoff RE: Goat Grazing - Russian Ridge Grassland Management(Plan At the March 26, 1997 meeting (97-08) the Board voted 4-3 to exclude the study of goat grazing as part of the Russian Ridge Grassland Management Plan (R- 97-43). I would like to re-agendize this issue at the April 23rd meeting in order to provide another opportunity for the Board to evaluate goat grazing as part of the grassland management plan. I feel very strongly that goat grazing should be included in this study for the following reasons. Exclusion of goat grazing based solely on anticipated costs is not an appropriate approach to the study and evaluation of resource management options. Cost is only one criteria in establishing the relative effectiveness of the proposed management alternatives. The interplay between ecological, climatological, topological and implementation (including cost) concerns all must be evaluated to determine which management strategies will allow the District to achieve our grassland management objectives. Goat grazing may in fact be the best option from an ecological standpoint because the timing can be controlled precisely, a critical factor in yellow star thistle (YST) management. Burn timing, by contrast, can never be controlled precisely and may increase YST density if the timing is not correct. The need for spring treatments and repeat treatments make burning a highly uncertain management strategy, and one which may require alternate strategies if burns are not possible. Goat grazing could in fact be the alternative in many of these cases. Hand weeding, mowing and directed herbicide spraying all require human- intensive efforts, which if figured into long-term costs (even with volunteer labor) may be as expensive as goat grazing (see Moll and Christensen letter of 3/24/97). Considering the extent of YST infestations on District land, grazing may be the only practical solution for large areas and for steep, rocky or otherwise inaccessible areas. Less expensive grazing arrangements may also be possible to negotiate should grazing prove to be an effective management option. Ultimately it becomes a question of how rigorous we want our grassland management assessment to be. I believe that if we are going to do a study we 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,lee w,David T.Smernoff,Nonette Hanko,Betsy Crowder,-V*nt*#e-W4t- kf n r'tJ General Manager:L.Craig Britton �L{ C should evaluate all the available options in an unbiased manner. This is the only way we can honestly evaluate which options are suitable for long-term management of YST and other invasive exotics. It is also quite difficult to compare results from studies done elsewhere, or at the same site but in different years. It makes good scientific sense to look at all the options within the same study. To be fair, we are already excluding integrated pest management options (a YST specific insect is being studied in California), but this is an entirely different management approach requiring a much longer study period. The incremental cost of including goat grazing in the study is small. The argument that the Board did not approve the additional cost during the budget evaluation, prior to seeing the report on grassland management, points to a process-level problem which may need to be addressed as a separate issue. Put simply, we have a small number of arrows in our quiver. We are going to need to understand how to fire them all if we are going to control the spread of exotic invasives on public open space. Let's spend the money to do the study right, and then decide how to proceed. If the District chooses to exclude grazing from the analysis I will be hesitant to support any scientific publication of the results, nor will I be amenable to supporting other management options based on the results of a biased study. cc: Board of Directors Jodi Isaacs should evaluate all the available options in an unbiased manner. This is the only way we can honestly evaluate which options are suitable for long-term management of YST and other invasive exotics. It is also quite difficult to compare results from studies done elsewhere, or at the same site but in different years. It makes good scientific sense to look at all the options within the same study. To be fair, we are already excluding integrated pest management options (a YST specific insect is being studied in California), but this is an entirely different management approach requiring a much longer study period. The incremental cost of including goat grazing in the study is small. The argument that the Board did not approve the additional cost during the budget evaluation, prior to seeing the report on grassland management, points to a process-level problem which may need to be addressed as a separate issue. Put simply, we have a small number of arrows in our quiver. We are going to need to understand how to fire them all if we are going to control the spread of exotic invasives on public open space. Let's spend the money to do the study right, and then decide how to proceed. If the District chooses to exclude grazing from the analysis I will be hesitant to support any scientific publication of the results, nor will I be amenable to supporting other management options.based on the results of a biased study. cc: Board of Directors Jodi Isaacs I Bay A,ea Ridge Trail Hikers, Bikers, Runners, Equestrians and other Outdoor Enthusiasts are Invited to a Party \ \` CELEBRATE THE BAY AREA RIDGE TRAIL Please join us for wine and hors d'oeuvres Sunday, May 18, 1997 5:00 p.m. - 7:00 p.m. at the home of Mary and Jack Davey 12645 La Cresta Drive Los .Altos Hills, California Please RSVP by May 14,1997 Cynthia Hipona(415)391-9300 at the Ridge Trail Office or Mary Davey(415)941-0876 Exil Page Mill Stanford Palo Alto Page Mill Road Oregon VA Arastradero Road a Hospital x 0 0 E V7 Ir U p 000 `a SRO Little Leaguc Viscaino Park caino To San Jos ® not a thru stree sign" (South 4th mailbox on Right Los Altos Hill 12645 La Cresta_■ (Los Altos Hills) (415)941-0876 Regional Open *ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: April 4, 1997 SUBJECT: FYI 330 Distel Circle ° Los Altos, CA 94022-1404 * Phone:415-691-1200 FAX:415-691-0485 S E-mail: mrosd@ol)ensl)ace.org openspace.org 0 Web site:www.openspace.org Board of Dire(tors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff, Nonette Nanko, Betsy Crowder, Kenneth C.Nitz• General Manager:L.Craig Britton Regional Open 5, ce 'ILI=-I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 28, 1997 Dear Neighbor: The Midpeninsula Regional Open Space District recently prepared the enclosed final draft of a new site map for Pulgas Ridge Open Space Preserve. When producing a new site map, we have frequently offered neighbors an opportunity to provide comment prior to public distribution. Please review this final draft of the map and call Julie McCullough in the District's planning department with any comments or suggestions. We would appreciate your comments by April 11. Our number is (415) 691-1200. We want to make sure that the District continues to be a good neighbor to adjacent property owners and to minimize possible impact that could result from public use activities on District lands. Please don't hesitate to contact me or speak to our planning staff if you have suggestions, concerns, or questions about this map or any other District issue. Sincerely, L. Craig Britton General Manager LCB/mcs cc: Ken Nitz, Director, Ward 7, Board of Directors 330 Distel Circle 0 Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485-1 E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz* General Mana!3�i, P.! cton PULGAS RI)GE OPEN SPA C-f PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ap Legend ................... . .. ............... ................. .......... ........ ............. Gate(#s) 1.0 ............ Trail Distance in Miles Creek ........ ....... ..... x ... Roadside Parking ............... ..................... ............. .............. ........ ..................... -------- .................. --------- ............ Whole Access Trail • .......... ........ -Y ru.1y 1� e • ci Fm .............. • ................. .............. g ... --------------- ........... ......................... 01i ........... k 1.0 Please stay on trans. Dogs Off Leash :"'. .tted Here Adjacent lands are not ......... Perrot ...... open to the public .. ...... ..... im Dogs on Leash Permitted on Preserve ...... ... 0.3 ... .... .. N X . ....... (rK02) ... Tank X.,Hassler Trail 0�-. %b Hassler Loop Trail 0.1 03 r77777773 0 SAA \0.4 Other Public Lands 600 B I U'e� X Oak 1: X r7� ... .. ...... Trail n :1 f ........ No Public Entry Private or Leased Land 4CH) '.......... ...... ........... ...... .... ................ ........... ........... ------------ Tr ail Use ............ .... ... ...... Hiking Only .......... ..... .. .................. ..... 280 .Y:i .......... :: tea Hiking,Bicycling A ............ OJ. Equestrian,Hiking ........... WIN EDGEWOOD .......... GUNTY (San:Mateo COUntyj ............... ......... 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile Regional Open S _e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 28, 1997 Dear Neighbor: The Midpeninsula Regional Open Space District recently prepared the enclosed final draft of a new site map for St. Joseph's Hill Open Space Preserve. When producing a new site map, we have frequently offered neighbors an opportunity to provide comment prior to public distribution. Please review this final draft of the map and call Julie McCullough in the District's planning department with any comments or suggestions. We would appreciate your comments by April 11. Our number is (415) 691-1200. We want to make sure that the District continues to be a good neighbor to adjacent property owners and to minimize possible impact that could result from public use activities on District lands. Please don't hesitate to contact me or speak to our planning staff if you have suggestions. concerns, or questions about this map or any other District issue. Sincerel L. Craig Britton General Manager LCB/mcs cc: Pete Siemens, Director, Ward 1, Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd@openspace.org • web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Mai_arrt:1- -raig Bf itton ST. JOSEPH 'S HILL OPEN SPAR PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT : :::.::: ...... . ....................................................................... Trail Use :?.........::::.:::.: .................. ........... ^:?•}:::;:::.}}:?f:;:3;:2;:;i;:::::a;::;:;: :-::f:::3:;F::::i:;::222:X::: :a .......... :-:.;..: :,. :.}::..::::.}:.}:.:}::{•;x:;}}}:::a.:::-:r•}}}}x.}}::;2„e±}}+:}}••}:x.v..v:::::.:::;;:':2::;?a?�j?-a'>'i<:a:i'::?S}+,:i'i::}::;•}':;;;:c:;::.:£'•.^•.'.?[.J:•�: :xga:•::::,v„a• Hiking :. :.. .............. .................. n3 h ............ :;:F+:.�i<::R{;<2k?:}•?.,:;.}}:.}:}.: : ........... f Hiking,Bi, nclin •.+.:.:a:,:::>:::.......�.}. +::5}T.♦r.:. ;�..::..S.�-...0. ::.: .;::-::<..:::.:,.:,w:::.:::.::}-.: .:::?•:•}<::;:•.'".J'".'."•.2ar.a:..v.\v}}J:v .i}xh....:::::}:•::?`:::;'aw''•`,tf?2}:'„•;•:::}},v::{::xi:`.�:±.::`:3::3ir:: :.. N .ram Equestrian $:•} i$:v:::{:{?%::}}::::` fij?xr. ..:...:.i:::•.•::.v::::::::::x::::v:m::«v..vx •::• - :}:i:fi::iiii:::�}:':`2:}:iii vi;:^:.`a?�;2i:;}}..i:<.:n.;;x. x::x::y:�:•$}}•x:J}}:•}}}}}}}}}:?:•}}:±:}:±v?';iiiiiiii:�i iii: :;rV,,......... ..rt, ...�..._:.is r. :r.•.`•.wxvr•,w.w.:S.. ..':::::::.:...:.}}}}}::wy.•S}................v...:: F::: :. ... .. .. _.:::}i}:::.v:. v:::.v::.::::.±.}::<.}}:?i}:•:iv::w:::::?: ::n:•}:::::.v-::.is}..::v:::.€v::.}:.: :::.avni£. x.,•x Dogs on Leash Pennitted on 5. .....r..a.r.. ._.'}:.}':.:...::.::::.:..,........_................. ..d::,.:::.'t-:.r«?{.}•}:.}:.}};::<:::::::.:::.�:.A. all Trails .aa2a•}r. .Jy ) 3333:: .J. Y .... .v.`{{.. ..... :.�• ........ ..... .. T::C'�}'vv:}}?isv:}iin:+;:i?;::;iiii'i}i::i?} ::.::4::.:}}}}}}}:vii}';i:•.'::i}..:: .................w w :n.-.:::.,:.:•.i:4}}}}}}}}}}}}}}}:}::.:.vv v+:::::: nvv}r::::::.•:::.v::::::::::::.a..v v....... .J?•. ...::.v:.:v::.v:::......M'.}}. .. ........ .:.::::::.v::.\•::..v. ..:...a :{:{iiii'.A.}:;:.:. r}v+«iJ.}}}::iii`f.±:i: ::::ii:± :1ii:i�{::::iti�:..v.x frs£z�:<:::>::::»»:err.&:-:::::::.�:::::.�:::.�,: ;:[ ::;<;.:y.. ,.z.r:�' ..3...:.J.?•. �- ::?.::::: ..x 3 's:�333 v.•3r:...:;.:as ::•�'.^.`,•„� �,•'••': , w Y::v ra Ma NZ p Legend ?.<:22::2•F<:::;i:,••::h::::;:s;} ,::c• ::?c..; .0.� ;:;:i::;•+2JGx.:rx„}:2o'a,;2«<:::;;a:','.:.:�::::a�4;^< . j. .�: z:::zJ,•: <011� \ •:.1•}nv ::J:. :.{•:J}:{n}}:J}}:::::nvA:::ti$}•:y}}}::.}::±.., vr:Cv.•n:•:} .�2,: •:..�.a :*tea . ?3{: :•::z:><;:<:,,:. Cate :s ':€::;:::.'-:xc:333{i;fi'•' a:\:xx•. ::.T.:.:. C [":':;':'.{::::2::,if'�:}• ••iF.•::r;:' : ,+,r.•:.,.r..::.,`«`f.'•;.- :.3..S3:j ti:'::{}•�:a+ `c;-:{::.}.,,.,,�....}}2w.x:.,k �:z:::> ::s..a:>':+' ..<�'}•. 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Patio Lot ............ Riii irfi'a 2 p }•:rrr : v:a•` ::•V v:::::.,vn t ::\Ji .Aw:::xry 0.2 is el• d v T+« — �2i ..r�, . 1 :h j.. ULU � Restrooms kt 0.2 f .......:.. 0.1 k a 0. [' � 2 p,2 ' •+ Other Public Lands s ;? -'.t, :;.:£s333i': i?: i:<:::::}33Q4 ♦; rail :::::•x`:.�: <}:}:.. ! . .♦ v 0.6 rylanzanitaT E f :.:...:. . 0.2 ' i j• No Public Entry _/� �_`- hivale or Lessed Lands .:� :+:: l /: —SIN 'j?°yti:y:: fir• iiV S1; Y<).. S L _..: : ttZ ..... Tra,1 1 S 2 l : f 8s ` .. t�XING70N COUNTS PptkK. £ i �� ` �SanLa xa4ttli �. la }. < f < Pracsi Rack Tsa,l: q :.i ..:.:,i 0.0 .1 .2 .3 .4 .S .6 .7 .8 .9 1.0 One Mile