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HomeMy Public PortalAbout19970827 - Agendas Packet - Board of Directors (BOD) - 97-24 Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-24 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California August 27, 1997 (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public SPECIAL ORDER OF DAY Staff Introduction - Matt Freeman -- J. McCullough ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey *** APPROVAL OF MINUTES July 23, 1997 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Consideration of a Proposed Realignment of Trail B8 and Reaffirm the Amendment to the Use and Management Plan to Allow Realignment and Construction of Trail B8 at El Corte de Madera Creek Open Space Preserve Following the Original Alignment Flagged by Staff and Adopted by the Board of Directors at the July 9 ,1997 Meeting -- M. de Beauvieres (8:15) 2. Review and Comment on the Six Month Summary of Use and Violations on Dog Access Compliance Assessment, Hamms Gulch Trail, Windy Hill Open Space Preserve, Focusing on the Issue of Compliance with Regulations for Dog Access -- R. Anderson (8:35) 3. Proposed Addition of Urrere Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Property as an Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve; and, Indicate their Intention to Withhold the Property from Dedication as Public Open Space -- M. Williams Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:415-691-1200 1972-1997 - FAX:415-691-0485 - E-mail mrosd@openspac_e.org * Web site:www.openspac:e.org Board of[Directors.Pete Siemens,Mar C. Dave Jed Cyr, David T.Smernoff, Nonette H nk � y Davey, anko, Betsy Crowder,Kenneth C. Nitz � Gc neral Manager.I.Craig Batton Meeting 97-24 Page 2 Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Urrere, Et Al) (8:45) 4. Acceptance of the Proposed Gift of Property from Richard and Janet Lee and Armar Archbold; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Property as an Addition to Long Ridge Open Space Preserve; and, Indicate their Intention to Dedicate the Property as Public Open Space -- M. Williams Resolution Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance With Respect Thereto (Long Ridge Open Space Preserve - Lands of Lee/Archbold) (8:55) 5. Award of Contract for Landslide Repair Projects at Monte Bello, Long Ridge, and Purisima Open Space Preserves; Authorization for the General Manager to Enter Into a Contract for Performance of the Work with the Lowest Responsible Bidder for the Landslide Repair Projects on Stevens Canyon Trail in Monte Bello Open Space Preserve, School Road in Long Ridge Open Space Preserve, and Upper Purisima Creek Road in Purisima Open Space Preserve (Due to the Accelerated Schedule for this Project, Staff will Report on Bid Results of the Bid Opening on Tuesday, August 26 and Final Staff Recommendation at your August 27 Meeting) -- R. Anderson (9:10) 6. Award of Contract for Construction of the Windy Hill Open Space Preserve Public Access Improvements; Allow Satterfield and Co., Ltd. of South San Francisco to Withdraw Their Bid on the Grounds of a Mistake in the Bid, and Release Their Bid Bond of 10% of the Amount Bid; Accept the Base Bid of $217,478 and the Bid Alternate of $33,400 for a Total of$250,878 from Jens Hansen of San Carlos to Complete This Project; and Authorization for the General Manager to Enter Into a Contract for Performance of the Work -- M. de Beauvieres (9:20) 7. Award of Contract for Road Resurfacing Project at Rancho San Antonio Open Space Preserve and Authorization for the General Manager to Enter into Contract with the Lowest Responsible Bidder -- J. McCullough *** 8. Authorization to Solicit Bids for Printing and Mailing of Approximately 300,000 Special 25th Anniversary Newsletters -- M. Smith Meeting 97-24 Page 3 *** 9. Permit to Enter Former Southern Pacific Railroad Right-of-Way at Ravenswood Open Space Preserve, East Palo Alto and Authorization for the General Manager to Execute the Permit to Enter Allowing Rhone-Poulenc, Inc. Access for the Purpose of Testing for Toxic Soil Contamination -- R. Anderson *** 10. Cancellation of September 10 Meeting -- C. Britton (9:25 ) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) 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 ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-20 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS July 23, 1997 MINUTES I. ROLL CALL President Mary Davey called the Special Meeting to order at 6:30 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, David Smernoff, and Pete Siemens. Members Absent: Nonette Hanko. Personnel Present: Craig Britton, Sue Schectman, Mike Williams, and Diane Blackman H. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 6:32 P.M. and the Closed Session commenced at 6:34 P.M. The Board concluded the Closed Session at 7:00 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. Additional Personnel Present: Malcolm Smith, Randy Anderson, Del Woods, and David Sanguinetti. III. ORAL COMMUNICATIONS Al Bell, 12130 Skyline Blvd., Woodside, encouraged the District to acquire the Russian Orthodox Church property. He quoted from an article in the San Mateo Times stating that protecting the coastline could only be done if the open space district acquired the property. He described what had happened when the Church had done fire suppression work and showed slides and photographs of the property before and after the bulldozing took place. Dave Perrone, 316 Ridge Road, Woodside, expressed concerns regarding development on the Church property. He enumerated three points: 1. There have been bulldozers on the Mill Creek Watershed. 2. The letter of intent filed with the County by the church included clearing of the building site without permits. If not Celebrate 25 Years of Open Space Preservation 330 piste) Circle 9 Los Altos, CA 94022-1404 - Phone:415-691-1200 1972-1997 - FAX:415-691-0485 m E-mail: mrosd@openspace.org « Web site:www.openspace.org &� Pete Siemens,Mary C. Davey, led Cyr, David T.Smernoff,Nonette Hankt � C. Nitz n Board ott7irector5 ( � >, Betsy Crowder, Kenneth C. Nitz � General Manager t.Craig Britton Meeting 97-20 Page 2 for alert neighbors it would have been cleared with the bulldozers; and 3. Damage is occurring now and anybody who wants to preserve the property needs to act quickly. Julia Bott, 3921 E. Bayshore, Palo Alto, Loma Prieta Chapter of Sierra Club, said support for acquisition of the church property is strong. She thanked the District for their efforts and urged them to work swiftly. Colleen Doherty, 70 Ellsworth, San Francisco, attorney for the Russian Convent, responded, stating that the Convent went out of its way to do things properly. She said what was done was for fire protection and has been inspected and approved by the county. The work was performed by a contractor who has done fire protection work in undeveloped areas for thirty years and who had been retained because of his experience. She said he informed her that in some cases he cleared less than had been cleared before. The work had been inspected and deemed proper and appropriate by the county inspector, the county planning department, and the California Department of Forestry said the work was done properly and was appropriate for the property. She said chain saws had been used to remove large piles of brush and explained that the road had been moved with the approval of the county. She said Mother Isihia had appeared before the Board to try to find a way to work with them and there was no intent to do anything without the approval of the county. In answer to questions from Board members, Ms. Doherty said the bulldozing had been done to protect homes adjoining the Church property from fire. She said there is no subdivision proposed on the property at this time, though some discussion had occurred about the one density credit outside the coastal zone. Lennie Roberts, 339 La Cuesta, Portola Valley, Committee for Green Foothills, stated that grading a road is not fire suppression and it appears it is opening up access to property to get to the center of the property where development is proposed. She said the Church obtained permits for the grading after the fact. With respect to subdividing the property, the original submittal to the county included a 40 acre parcel to be subdivided for residential development. She said they are asking that the total amount of development on the property, including future residential development, be evaluated. She said one density credit is reserved for a future subdivision. Elise Jacque, 112 Ware Road, Woodside, 94062, volunteer member of the Skyline Committee to Save Open Space, said this is world class open space and should be added to the District. She said the proposed building is on the only part of the property amenable to humans, and that the Committee's two goals are to stop the development and get the property preserved as open space for posterity. Patty Ciesla, Palo Alto, outlined a proposed change of alignment for part of segment B8 in Study Area 2 of El Corte de Madera Creek Open Space Preserve. The mountain bike community had flagged the alternate alignment which they believed would avoid potential problems due to cross traffic; avoid root areas of old-growth Douglas Fir trees; and use a greater length of existing trail, reducing the amount of Meeting 97-20 Page 3 new trail to be constructed. She asked that this proposal be added to a future Board agenda. D. Smemoff said he thought the proposed changes were reasonable and asked if these were minor changes that could be done in the field. C. Britton responded that the matter would have to be brought back as an agenda item because the changes did not appear to be minor and there had already been adequate opportunity for public input on this alignment including two Board discussions and a field trip with the Use and Management Committee to flag the alignment. Motion: D. Smernoff moved that the Board put the proposal on an agenda at a future Board meeting. P. Siemens seconded the motion. The motion passed 4-2 (Directors Siemens, Smernoff, Nitz and Davey voted yes, Directors Cyr and Crowder voted no). IV. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 6 to 0. V. ADOPTION OF CONSENT CALENDAR P. Siemens removed the reply to a written communication from Mr. Kenneth Broome. Motion: P. Siemens moved that the Board approve the Consent Calendar including the minutes of the June 25, 1997 Special and Regular Meeting; responses to written communications from Mr. David Oare, oare@gene.com; Mr. John J. Gardiner, 304 Pine Street, Millbrae; Mr. Hugh Vanderford, 11145 Loma Rica Road, Loma Rica; and Mr. Richard Treakle, 510 Pine Lane, Los Altos; agenda item 4, Authorize Cleanup of an Old Ranch Dump at Skyline Ridge Qpgn Space Preserve and Authorization for Staff to Spend up to $15.000 to Improve Access to the Top of the Dump Site and Revegetate the Site Upon Completion of the Cleanup Project; agenda item 5, Final Adoption of the Amendment to the Use and Management Plan for Monte Bello Open Space Preserve to Establish a Public Permit Parking Area Near the Southern End of Monte Bello Road; and Revised Claims 97-14. D. Smernoff seconded the motion. The motion passed 6 to 0. C. Britton noted that there were new employees in the audience to be introduced. D. Sanguinetti introduced Grant Kern and Scott Cotterel, Open Space Technicians, and described their backgrounds and qualifications. The Board welcomed the new employees, and D. Smernoff added that he had worked with Grant during a work day at El Corte de Madera Creek. Meeting 97-20 Page 4 R. Anderson introduced Joanne Swirsding, Planning Secretary and the Board welcomed her. VI. WRITTEN COMMUNICATIONS P. Siemens expressed concerns about the wording of the section of the letter to Mr. Broome headed "Acquisition of development rights from landowners." Staff indicated they would work with Director Siemens to amend the response. The Board approved the letter on that basis on a vote of 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - Informational Report on Proposal for Hang-gliding and Paragliding at Bald Mountain in the Mt Umunhum Area of Sierra Azul Open Space Preserve - (Report R-97-108). D. Woods pointed out the area on a map and presented the staff report including primary elements of the proposal. He showed slides of the area in question and described issues and concerns. He noted that staff feels the area should not be open to hang-gliding as staff cannot be there to monitor the activity. He said emergency response was a concern and summarized the staff recommendation. He noted that the operations program review is being undertaken and said it is hopeful that the District will acquire some of the of the properties in the area which would accelerate the comprehensive Use and Management process and provide opportunities for increased public use, including the possibility of this one. He showed the Twin Creeks area on the map. B. Crowder said that she is an advocate of hang-gliding. It has been a success at Windy Hill and she would like to see it here but understood the difficulties and agreed with staffs conclusions. D. Woods said he didn't know if the group had contacted the county regarding an alternate landing site, but the District had recommended that they do so. He described the notification process. B. Crowder said she agreed with staff s conclusions. D. Woods described the notification process. Dan O'Day, 23960 Alamitos Road, San Jose, thanked the District for notifying him and said he lived across the road from the proposed landing site. He said he was in agreement with the staff recommendation. There is inadequate parking on a very narrow road, and fences might be broken down by people carrying their gear out. He handed out letters he had sent to the Santa Clara Valley Water District and said that he was in favor of paragliding and hang- gliding remaining in established areas such as Windy Hill. Meeting 97-20 . Page 5 John Minkel, 209 Palisades Dr., Daly City, said he was one of the owners of Twin Creeks Properties. He said there would be no parking at his property line and no parking signs are posted from Almaden to Hicks Road. He outlined the dangers, including barbed wire around their pool, and the disturbance to the environment which would be affected by deer drinking at the springs and disturb the horned toads on Bald Mountain. P. Siemens said he was concerned with the lack of ability to patrol the area and said he agreed with staff s recommendations and thought the report was well written. It was noted that none of the interested hang-gliding advocates were in attendance at the meeting. Motion: B. Crowder moved that the Board confirm that development of a hang-gliding and paragliding program at Bald Mountain in the Sierra Azul Open Space Preserve is premature based on the need to integrate any request for special use with a comprehensive study of the preserve. D. Smemoff seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 2. - Proposed Acceptance of an Offer to Purchase Fee Determinable Estate, Jacob and Tamara Guenther, for the Sale of Surplus Parcel at Skyline Ridge Open Space Preserve - (Report R-97-109). M. Williams summarized the staff report and provided background information. He said the transaction was not viewed as a money-making venture but as a means to improve control of the property and surrounding open space lands, specifically to improve patrol access, to eliminate illegal structures such as the pond house, to eliminate use conflicts, and to reserve future trail rights for the public. He outlined the terms of the agreement. He said both parties who had bid were present at the meeting and answered questions regarding roads and potential trail alignments. In answer to questions regarding why the District is not demolishing the improvements, M. Williams said there is a significant investment in the property and the road would have to be repaired to allow demolition. C. Britton outlined the Board's policy regarding purchase of structures, stating that if there is no future recreational or management use for the structures or if the District is not trying to recapture a substantial investment in structures, they would be recommended for demolition. He said if they demolished the structures, they would still have the costs of removing the gas tank and fixing the road, in addition to the purchase price and the cost of demolition. He said this is seen as a long-term patrol and maintenance road to get to Old Page Mill Road and it is hoped that the entire amount for road repair can be obtained from FEMA. He said the Board had approved a standard agreement which was used by all bidders Meeting 97-20 Page 6 Gerald Cain, 6311 N. O'Connor, Irving, Texas, said he felt it was an unfair process. He suggested that the District have an exact formula in the future and said this was a very demanding contract. He believed there was a more equitable and friendly way to handle the process. He said he would be willing to purchase the property at $500,000 and grant access for patrol and future trail easements. C. Britton outlined the reasons for the bidding process, stating it was driven by policy which came out of the sale of the Thornewood surplus parcel. He said he thought it was a fair method and the only way it could be done. M. Williams clarified what had occurred, stating it was not just a matter of money and that they had tried to make it a fair process. He explained why they went with the bid process, stating they tried to be more objective. C. Britton clarified why staff could not promise that the standard terms and conditions for all bidders would be used in the future, noting that staff had learned something from the process but in a lot of cases there might be no one who is interested in bidding. He said every situation is unique and if staff could do it in every case it would be ideal Motion: P. Siemens moved that the Board Adopt Resolution 97-27, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Declaring Property Surplus to the District's Needs, Approving and Authorizing Entering Into an Offer to Purchase Fee Determinable Estate for the Sale of the Surplus Property, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Skyline Ridge Open Space Preserve - Former Lands of Bach); accept the Offer from Jacob and Tamara Guenther to Purchase Fee Determinable Estate, through the proposed sale of a 50 year interest in 10-acre surplus parcel adjoining Skyline Ridge Open Space Preserve; and to adopt the Interim Use and Management Plan amendments contained in report R-97-99. J. Cyr seconded the motion. The motion passed 6 to 0. M. Williams introduced the Guenthers. C. Agenda Item No. 3 - Acceptance of the Lowest Resuonsible Bid for the Driveway Repair Project at Former Bach Property on Skyline Ridge Open Space Preserve: (Due to the Accelerated Schedule for this Project this R=r was prevared Prior to Bid QMning of Tuesday„ Jul 22 Staff will Report on Bid Results and Final Staff Recommendation at your July 23 Meeting): and. Authorize the General Manager to Enter into a Contract for Performance of the Work - (Report R-97-107) Meeting 97-20 Page 7 Agenda Item No. 3A - Award of Contract for Driveway Landslide Project at Former Bach Property on Skyline Ridge OMn Space Preserve: Determination that the Bid Received from T.K.O. Construction is Non-responsive for Failure to Conform to Bid Specifications Due to Failure to Submit a Bid Guarantee of the Type Required Prior to the Deadline for Bid Submittal and Failure to Submit the Required Three References as Required by the Bid Specification; and Authorization for the General Manager to Enter into a Contract for the Bach Driveway Landslide Repair Project with George Bianchi Construction. as Lowest Responsive Bidder. in the Amount of $63,913 (9=rt R-97-112). R. Anderson presented the staff report and said they felt the cost is justified given the value of residential property. Tim Odin, T.K.O Construction, who had bid on the project, described what happened regarding the bid bond and during the bid opening. He said he had supplied two references. S. Schectman spelled out the options open to the Board, including rejecting any or all bids or determining that there was a failure to strictly conform to specifications. She said it was the Board's discretion to determine whether they thought the failure to conform to the specifications was trivial or not. R. Anderson told Board members the project was advertised on June 27 and the bid was opened yesterday, giving them about a month including an opportunity to look at the site or ask questions of staff. He said references provided by bidders were checked, including the two provided by T.K.O. C. Britton said the other four bidders did provide a certified check and three references. He said he thought staff had a responsibility to make sure everyone is conforming to the same set of rules. There were no significant differences in the three low bids. Staff has tried to come up with the best solution given the circumstances. Motion:. J. Cyr moved that the Board determine that the bid received from T.K.O. Construction is non-responsive for failure to conform to bid specifications due to failure to submit a bid guarantee of the type required prior to the deadline for bid submittal and failure to submit the required three references as required by the bid specification; and authorize the General Manager to enter into a contract for the Bach Driveway Landslide Repair Project with George Bianchi Construction, as lowest responsive bidder, in the amount of$63,913. P. Siemens seconded the motion. The motion passed 5 to 1 (Director Smernoff voted no). VIII. INFORMATIONAL REPORTS B. Crowder pointed out a letter from the Alaska Conservation District in the FYIs and said she thought the Board should note their philosophy. Meeting 97-20 Page 8 P. Siemens described what is happening in Europe as to policies regarding open space- K. Nitz said he had given Board members the newsletter from the Palo Alto Humane Society. J. Cyr said he had spent the day with the trail building crew at El Corte de Madera Creek near the Leaf Trail and described his experience. D. Smernoff said he and Ranger B. Downing and Open Space Technician G. Kern worked with about 25 volunteers Saturday building about 100 ft. of the Leaf Trail extension. He said he thought they were about half-way done. C. Britton reported as follows: 1. Agenda items will be numbered in the future as they were at this meeting. 2. He had received an official letter which was included in the FYIs regarding the NASA open house on Sept. 20. 3. He referred to the letter to Linda Elkind in the FYIs. 4. The FYIs included a notice of a meeting Elaine Alquist is hosting next Wednesday. 5. He announced the dates of upcoming joint meetings (the main focus would be discussion of the District's Regional Open Space Plan); September 17 with San Mateo County Parks and Recreation Commission; October 15 with Santa Clara County Open Space Authority; and November 5 with Santa Clara County Parks and Recreation Commission. 6. A copy of the type of report staff posts indicating coming planning and trail construction projects was included in the FYIs. 7. A revised map of EL Corte de Madera showing more precisely where B-8 and B10 are in accordance with flagging was included in FYIs. 8. He reported on the executive search for a new Administrative Services Manager. He said it is expected that someone should be hired by October. In answer to K. Nitz's questions regarding the necessity of the budget committee meeting due to budget increases, C. Britton said the La Honda Creek bridges might be put off and they haven't seen the bid on the Windy Hill parking lot. The budget committee will meet at the halfway point of the fiscal year in any event. M. Smith shared an e-mail from a mountain biker and showed a short video tape of three different pieces of news coverage on El Corte de Madera trail issues. VII. ADJOURNMENT The meeting was adjourned at 9:32 p.m. Roberta Wolfe Recording Secretary Regional Open . ace . 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Paul Del Fante 1459 Hampton Drive Sunnyvale, CA 94087 Dear Mr. Del Fante: Thank you for your August 18, 1997 letter regarding the Trails Plan for El Corte de Madera Creek Open Space Preserve. Your letter gives us an opportunity to reiterate the reasons for the recent trail work at this preserve. Several years ago, District staff identified a growing problem at El Corte de Madera Creek. Steep, eroded motorcycle and logging routes which pre-dated the District's ownership of the property were being reopened by mountain bicyclists and used as trails. In addition, new trails were being created in areas unsuitable for trails, causing additional erosion problems. To address the situation, a seven-member citizen task force was created to help staff and the Board create a trail use plan for the preserve. The task force included representatives from the three primary preserve user groups: mountain bicyclists, hikers and equestrians. The charge of the task force was to create an interesting trail plan for the preserve that takes into account the long-term impacts on the natural resources, user safety, ongoing maintenance requirements, and opportunities for a variety of user groups. After 14 months of traversing the preserve to consider the existing routes and looking at proposed alignments, the group presented its plan to the Board of Director's Use and Management Committee and to the Board of Directors. After many public meetings, the plan was adopted in June, 1996. What you now see on the preserve is the implementation of the adopted plan. This means some duplicate, extremely steep and eroded trails have been closed. Others are being realigned or portions of them rerouted. Still others are receiving maintenance to alleviate erosion problems, such as the addition of drainage features. As a public agency funded by local property tax revenues, the District tries to balance and accommodate the interests of a wide variety of user groups and constituents with the mission of preserving the natural resources. The District staff and Board have spent innumerable hours working with the mountain bicycling community to develop a trails plan which provides for multi-use while protecting the natural resources. It is inaccurate to say that we have treated bicyclists as a "fringe" group when in fact this segment of our constituency has received significantly more attention than any other user group realative to the preserve. rr c�y4�v Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • 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 Paul Del Fante, 04 :55 8/18/97 , letter to MROL ep . Date : Mon, 18 Aug 1997 16 : 55 : 08 -0700 (PDT) From: delfante@Auspex. Com (Paul Del Fante) To : mrosd@openspace .org Subject : letter to MROSD Dear MROSD Board Members and Staff , Travelling thru ECdM Open Space Preserve yesterday I couldn' t avoid noticing the rampant development going on all over the preserve . Given the vast network of existing trails, some of which have existed since the 19th century and many are in remarkably good condition, it seems ironic that the MROSD would undertake a massive development effort to close nearly ever one of the existing single track routes, and replace them with manmade routes cut into the hillside by bulldozers . I often hear of the damage caused by increased cycling use, yet in just one year it seems the MROSD has done more damage to the pristine woods at ECdM than all other trail users have done combined in that last ten years . The signs of development are evident all over the preserve, yet ironically, your web page states : "Unfortunately, current funding for acquisition is inadequate for the task; moreover, the District ' s regular sources of funds are threatened. At the same time, private development pressures on these pristine lands continue to be very strong. " Yes, and its sad to see that public development pressures, from the MROSD itself no less, are just as strong. If the existing routes at ECdM don' t fit the guidelines of the trails plan, perhaps the trails plan should be revisited. The ecologically invasive means by which you are "realigning" ECdM is a shocking waste of public funds . And what ' s even more disturbing is it is apparent that the aim of the ECdM trails plan is not ecological preservation. How can bulldozing be consistent with ecological preservation? Rather it seems to be a reactionary measure to the increased popularity of the preserve within the cycling community, whom MROSD apparently deems to be merely "fringe" members of the trail using community. Please, reconsider this terribly narrow minded and unyielding approach to land management at ECdM. Thank you. Regards, Paul Del Fante 1459 Hampton Drive Sunnyvale, CA 94087 RESPONSE IESPONSE ACTION PROPOSED By STAFF Board President Acknowledge/Respond Director At koo,J4d&./1*.pond Sta ff Acknowledge/Respond Draft Response Attached Staff to be Directed odt:,Prepare Dr.fc Response for Board Co a der.tin, Board Directt,.(.) per No Response Necessary Printed -for Malcolm Smith <mrosd@openspace.--org> Page2 The Trail Use Plan, when fully implemented, will offer a variety of trail experiences to all users of the preserve. The trails being created or modified are developed for effective maintenance, which in the long term is the most ecologically sound process to follow. Only by effectively managing these trails, and keeping undesignated trails closed, can the natural resources of the area be protected. All one needs to do is look at the off-road motorcycle use prior to District ownership to see that un-managed use will result in severe damage to the preserve and the magnificent redwood forest that is the upper watershed of El Corte de Madera Creek. If you are interested in obtaining a copy of the Trail Use Plan for the preserve, please contact the District's office at (650) 691-1200. Sincerely, Mary C. Davey President, Board of Directors cc: Board of Directors Chris MacIntosh - 0, 03:37 PM 8/26/97 , Corte de Madera meeting Subject: Corte de Madera meeting To: Cheryl Solomon <cheryl@openspace.org> Date: Tue, 26 Aug 1997 15: 37 : 07 -0700 (PDT) Cc: mary@auspec.com From: Chris MacIntosh - Operations Manager <chrism@cbooks .com> Cheryl and friends at MROSD, Mary Bernstein of the Black Mtn. Regional Group, Sierra Club, sent me a note about a meeting on the 27th regarding El Corte de Madera. Her note made it sound like the bicyclists may be pushing for this to be primarily for bikes ( I think at the public meeting at Canada College there were similar remarks) I won't be able to attend tomorrow's meeting but would like to add a comment about it. I hope that the bicyclists won't overwhelm hikers here. I would like to see both types of trail user coexisting. Not just as a docent (I swept for Bill Crawley on a hike there in June) but also personally, El Corte de Madera is one of my absolute favorite hiking places, among all the preserves and parks. I probably hike there at least half a dozen times a year. This may not sound like much, but given that I go to the Sierra as well as exploring locally, it' s a fairly high percentage of my outdoor activity. After Bill ' s hike, I went back on July 4th with friends and did the same loop. We've enjoyed longer trails, looking at wildflowers, and at mushrooms, depending on season. I have found in the last couple of years that bicyclists are very courteous and pleasant to encounter. And closing off all the spur trails that looked like they were used for ' kicks ' seemed a good move. Thank you for listening. I hope to get out and help lead hikes again by OCt. I 've only had about one weekend off per month this summer, and finally in mid Sept I go on vacation. Whew. Chris MacIntosh Operations Manager ZZZzz JPrinted for Malcolm Smith <mrosd@openspace.org> Carol Drummond, 08 :50 AM 8/27/97 , Corte Madera Preserve Date : Wed, 27 Aug 1997 08 : 50 : 17 -0700 From: Carol Drummond <drummond@tdl . com> Reply-To: drummond@tdl .com To: mrosd@openspace .org CC: bmg-members@cometric . com Subject : Corte Madera Preserve Dear Mid-Peninsula Open Space District Board, I understand that you are meeting tonight to consider changing the focus of the Corte Madera Preserve toward bicycling. As a recent member of the Black Mountain Group hiking section of the Sierra Club, I would like to express my concern that hikers and hiking interests are not being properly considered. This preserve has particular value for me : I attended my first BMG event at Corte Madera. It was an extremely hot day and we hiked almost 15 miles . We ran out of water and ended up being "rescued" in our last half mile by some friendly bikers on Skyline Road. It was an opportunity for everyone to joke about the unlikely situation of hikers and bikers working together. I hope that this evening is another opportunity for the two groups to show some cooperation. We have the same goal, after all . The Corte Madera Preserve is a rare resource that we all enjoy because it is less developed and more rugged than other preserves . I can imagine that we can work together to maintain this resource for both interests . thanks, and I wish you a productive meeting, carol drummond Printed for Malcolm Smith <mrosd@openspace.org> Mark Rosenberg, 08 : 09 AM 8/27/97 , Agenda Item 1 : B8 Alignment at From: mr@tibco. com (Mark Rosenberg) Subject : Agenda Item 1 : B8 Alignment at ECdM To: mrosd@openspace .org Date : Wed, 27 Aug 1997 08 : 09 : 05 -0700 (PDT) Gentlemen, I had hoped to present these comments to you at this evening' s board meeting. Unfortunately, due to other commitments, I will be unable to attend. I am writing to urge you *not* to reaffirm the Approved Realignment of Trail B8 at the El Corte de Madera OSP. During the on-site review of both the approved alignment and Ms . Ciesla ' s alternate, it became clear to me that : 1) The approved alignment is very likely to cause user conflicts between riders descending Nosebreak and Devil ' s Staircase . 2) Ms . Ciesla ' s proposed alignment is problematic because of trail trail construction details such as the number and location of switchbacks . As a result, I urge you to approve Alternate #3 , and find some reasonable way to route the trail from the "saddle" near the top of Witch' s Knoll to the new parking lot . I favor this alternative because I believe it satisfies both the District ' s desire to avail themselves of external matching funds, before they become unavailable; and the concerns of mountain cyclists, who fear that the approved alignment will prejudice the review of certain trails in Study Area #2 . However, in the absence of external funding considerations, I feel that it is optimal to consider the B8 alignment in the context of all trails in Study Area #2 . Therefore, approval of Alternate #2 would be acceptable to me . Yours truly, Mark Rosenberg Mark Rosenberg TIBCO email : mr@tibco. com 3165 Porter Drive voice : 650 . 846 . 5160 Palo Alto, CA 94304 fax: 650 . 846 . 5005 Printed for Malcolm Smith<mrosd@openspace.org> Carlin Otto, 03 :46 PM o/26/97 , Corte Madera From: cotto@mustela. engr. sgi . com (Carlin Otto) Date : Tue, 26 Aug 1997 15 : 46 : 56 -0700 To: mrosd@openspace . org Subject : Corte Madera Dear Board of Directors : I use the Corte Madera trails for HIKING. I do not bike, and would really miss these trails if you were to reserve them for or expressly set them aside for use by bikers . However, I would be supportive of reserving this area for bikers IF (and ONLY if) the bikers were then COMPLETELY prohibited from using all trails in ALL the other "parks" . Carlin Otto 231 Whitclem Court Palo Alto, CA 94306 Carlin Otto cotto@sgi . com ************************************************************* Printed for Malcolm Smith <mrosd@openspace.org> 1 David Oare, 12 :45 PM b/25/97 , Re: For the Board. . . From: "David Oare" <oare@gene .COM> Date : Mon, 25 Aug 1997 12 :45 : 19 -0800 References : <199708251900 .MAA01988@proxy3 .ba .best .com> reply-to : oare@gene .COM To : Malcolm Smith <mrosd@openspace .org> Subject : Re : For the Board. . . Malcolm, One more for the Board. Thanks . Dave Board, MROSD: (Please excuse the multiple letters . I will be unable to attend the Board meeting due prior commitments . ) Having carefully read the agenda item concerning B8 prepared by the Staff, it is apparent that the issue here, from the Staff ' s perspective also, is much broader than the exact positioning of the trail . The Staff has evoked arguments concerning the suitability of Nosebreak and Devil ' s Staircase trails . This is clearly outside the lines of the current discussion. These trails were mentioned by the cycling community only because the Staff ' s trail alignment would impact a future decision with respect to these trails . By opening up the discussion to include consideration of these trails, the Staff admits that the trails in Study Area 2 cannot be considered piecemeal . The stepwise type changes proposed by the Staff in Area 2 are also clearly at odds with the Board approved trail plan which explicitly sets aside Study Area 2 for further evaluation after the new parking lot is built . I would like to see the Staff view the ECdM Trail Use Plan as something more than a document they can pick and choose what to follow in. Sincerely, David Oare, Ph.D. Printed for Malcolm Smith <mrosd@openspace.org> 1 David Oare, 10 : 59 AM b/25/97 , For the Board. . . From: "David Oare" <oare@gene .COM> Date : Mon, 25 Aug 1997 10 : 59 : 04 -0800 reply-to: oare@gene . COM To: MROSD@openspace .org Subject : For the Board. . . Malcolm, Could you please see that the Board receives this prior to their next meeting on Wednesday. Board, MROSD: This letter concerns the 11B811 trail realignment for ECdM. I urge you to adopt, of the alternatives proposed by the Staff in the Agenda, either Patty' s realignment or the existing trail "Waterline" . It is clear from the tone of the Agenda that the staff would prefer that their judgment with respect to this alignment be unquestioned. The process, at the initial layout stages, did not involve input from any of the impacted user groups . When presented to the public, no alternatives the proposed alignment were given. This process clearly ignored the angst expressed at a public Board meeting concerning this alignment . To vote on the staff ' s alignment without full public input at the planning stage was clearly a mistake . This error is only compounded if the prior vote is used as a basis to go ahead with a large amount of unneeded and environmentally damaging trail construction that the Staff has proposed. Sincerely, David Oare, Ph.D. Printed for Malcolm Smith <mrosd@openspace.org> Fred Stanke, 07 :39 PM d/24/97 , Re: MROSD Agenda -Ltem #1 - ECD Date : Sun, 24 Aug 1997 19 : 39 : 08 -0700 (PDT) X-Sender: fred@mail .dnai .com To: Malcolm Smith <mrosd@openspace .org> From: fred@sensys-inst . com (Fred Stanke) Subject : Re : MROSD Agenda Item #1 - ECDM/Trail B8 >FYI , here is the text of the staff report on B8 at ECDM, an item on the >August 27 Board meeting agenda. Please note that the maps referred to >are >not available via email . This is just the text of the report . Malcolm, Thanks for the copy of the report . It is quite well written and quite intelligable without the maps . As a resident of 22873 Longdown Rd, Cupertino, and a member of ROMP, I would like to voice my oppinion in favor of John Escobarls : >Alternative 2 . No New Trail Construction Between Points A and B >This alternative proposes no new trail construction between points A and >B >as shown on the map. The issue of a connection between points A and B >would >instead be referred to a proposed ad hoc committee which would be >responsible for guiding the process of a trail use plan for Study Area if this comes to a vote . I also support the General Managers proposal to form an Ad Hoc Committee for Study Area 2 . 1 hope that mountain bikers, as the majority users of this park at the present and for the forseeable future, are adequately represented on this committee . In general , I would like to see the popular trails 'Nosebreak, and ' Faceplant ' preserved in their current state, as much as is possible . Please pass my input along to the board before this issue comes up for a vote . Best regards, Fred Stanke Sensys Instruments Corporation Fred E . Stanke 1200 Crossman Ave . Suite 130 Voice : (408) 743-9842 Sunnyvale, CA 94089 Fax: (4 0 8) 74 3-9 844 Printed for Malcolm Smith <mrosd@openspace.org> AUG-23-1997 16:45 FROM AUSPEX SYSTEMS INC. TO 914156910485 P.01 To- Tbp Board of Directors, Planning and Operations Staff of MROSD From: Paul Del Fante Date: Monday, August 25, 1997 trail issues Re- El Corte de Madera OSP, B8 As a concerned cyclist, and an independant observer of the ECdM trails debarp who is unaffiliated with any trails advocacy group, I'd like to make the following proposal . it is my hope that this will addiu65 the majority of the 'concerns of both parties involved, and help serve to bring the dispute to an end. Issues: 1) Desire of cyclists to preserve the features of the open space experience that so many ECdM trail users have come to love. 2) Desire of District to make the preserve more open to enjoyment by hikers and equestrians. 3) possible user conflict inherent in the routing of the new bb trail from gate 3 to gate 2. 4) District cost associated with accomodating Cyclists in keeping their favorite routes open. 5) Desire of both District and cyclists to end this emotional and disruptive debate surrounding the issues that affect ECdM trail users . Solutions: i) in order to guarantee safe passaqe at the intersection of trail B6 and the "Devil' s Staircase" trail, cyclists will agree to build "safety gates" for the District, pay out of pocket expenses for materials, and provide volunteer labor for their construction and installation. These gates will be constructed in similar fashion to the District' s other safety gates that can be found, for example, at the intersections between Saratoga Gap, Longridge OSP and Skyline Blvd. They are currently used to deal with exactly this type of problem. At Saratoga Gap, tor example, they serve as a safe and effective means to avoid potentially deadly conflicrg between oncoming vehicles and cyclists crossing Skyline Blvd. These gates use a series at logs that cross the trail to create an obstacle that can only be passed by picking -up one' s bicycle and walking thru the gate . Ay placing similar gates on both sides of the intersection between the new B8 route and the "Devil' s Staircase,, route, user conflict can be safely avoided. 2) Similarly, cyclists agree to provide any necessary help to the District in installing signs, where applicable, to inform trail users of the intersecting route's restricted user designation. 3) District agrees to keep the "Devil' s Staircase" route open "as is" , and agrees ro use volunteer labor to do any necessary maintenance without the use of trail blading machines. A large number at individuals have already expressed significant interest in volunteering. 4) District agrees to seek to embrace cyclists as stewards and custodians of the trails they ride, and make a good faith effort to avoid alienating any segment of trail users in the process of implementing the ECdM Trail Use Plan. TOTAL P.01 AUG-23-1997 16:47 FROM AUSPEX SYSTEMS INC. TO 914156910485 P.01 If the District determines that it is necessary to close the "Nosebreak" route, Cyclists will agree to not only concede to such closure, but also to provide volunteer assistance to errect any signs and barricades required, and to cooperate with the District in educating and encouraging uninformed cyclists to rccpcct and abide by tile c1QjuLe. 6) Cyclists agree to the routing for trail B8 that District planners and trail design experts deem to be the most appropriate, Aj4d cease to antagonize or in any way be disruptive to District board members or staff. 7) As a corollary to this, given agreement by both parties LU aforementioned tenents, Cyclists will agree to update their mass communications media, websites, newsletters, flyers, etc, to focus more on the positive dialogue and progrcca being made, and to tone duwii Llite emotional and potentially disruptive rhetoric. Thank you for your time and consideration in this ffk%LLUZ-. Regards, Paul Del Fante 1459 Hampton Drive Sunnyvale, CA 94087 TOTAL P.01 Rebecca Gray, 05 :32 PM 8/22/97 , B8 Trail From: "Rebecca Gray" <gray@gene .COM> Date : Fri, 22 Aug 1997 17 : 32 : 02 -0800 reply-to: gray@gene . COM To: mrosd@openspace .org Subject : B8 Trail Cc : gray. rebecca@gene . COM (Rebecca Gray) Board, MROSD: This is a letter to support the adjustment of the alignment of the B8 trail as proposed by Patty Ciesla and walked through at El Corte de Madera OSP on August 20th. I believe that this trail realignment requires significantly less trail to be constructed and thus is more environmentally and resource friendly. Also, I feel the concerns John Escobar had with the switchbacks can be addressed with his expertise and still reach the yellow point of "location All on the map used during the walk. Sincerely, Rebecca Gray 1622 Ralston Ave . Belmont 94002 Printed for Malcolm Smith <mrosd@openspace.org> Nathan Dubree, 02 : 01 PM 8/22/97 , B8 re-alignment in ECdM From: "Nathan Dubree" <njpd@gene . COM> Date : Fri, 22 Aug 1997 14 : 01 :42 -0700 reply-to: njpd@gene . COM To: mrosd@openspace .org Subject : B8 re-alignment in ECdM MROSD Board Members, I would like to voice my support for the B8 Trail re-alignment in ECdM as poposad by Patty Ciesla. I belive that adding new trails where old stable trails already exist is not in the best interest of the preserve . I hope you will vote for your support on this measure . Nathan J P Dubree 1418 Palm Ave San Mateo, Ca 94402 Nathan Dubree NJPD@Gene . COM Genentech, Inc . 1 DNA Way (415) 225-2810 Voice S . San Francisco (415) 225-2061 Fax CA 94080 Printed for Malcolm Smith <mrosd@openspace.org> 1 Date: Fri, 22 Aug 1997 12:39:54 -0700 (PDT) To: mrosd(o openspace.org From: Patty Ciesla <imahorse(jle land.Stanford.ED U> Subject: B8 alternative in ECdM To: The Board of Directors, Planning and Operations Staff of MROSD From: Patty Ciesla Date: Friday, August 22, 1997 Re: B8 alternative in El Corte de Madera OSP Dear Board Members and Staff, Thank you very much for taking my proposal under consideration and making the effort to involve the public with the workshop on site. It was very refreshing to be able to interact with the Board, Staff, and other mountain bikers in that informal setting. I feel that being able to engage each other in normal conversation, debate and dialog is very helpful in building a better relationship between the district and the mountain biking community, and I hope you will pursue opportunities to involve us in similar settings again as this process continues. I would like to share my thoughts about this issue, and make a few comments which may help you decide what course of action you should take, both immediately and in the future. 1) I've made a proposal to the Board, which You agreed to consider and place on a future agenda. As of the writing of this letter, I have no idea what the Board will actually be voting on. I assume that Staff will make a recommendation, writing up the agenda item in their own language. If this is what happens, I'd like to know whether the public truly has a chance to submit their own proposals -- in their own language --to the Board. I am concerned that you will be asked to make a vote on something OTHER than what I've proposed, and that public input is unable to appear before you without first going through the filter of Staff. I believe Staff should comment and give their opinion, or even offer an alternative to my proposal, but I don't feel they have a right to change it or re-word it. 2) If Staff is unwilling to support my alternative as it was presented on Wednesday, I would be willing to withdraw my proposal and support a different realignment developed by Staff, provided it adequately resolves the following issues: a) It does not cross Devil's Staircase or Nosebreak; b) It does not undermine the large fir trees on the steep slope; c) It does not cross the slide area in the drainage below the saddle; d) It provides for a complete look at the trails in Study Area 2 to take place prior to construction of ANY segment of trail between the points A & B on my proposal, so we may find an ideal solution to the many complex issues created by development of the parking lot at gate CM03. In other words, construction is delayed on this segment. 3) Hikers should have trails developed with them in mind in the Skyline corridor, and mountain bikers should have a chance to guide the district in providing such trails while preserving their access to challenging trails that currently exist. The decision to push construction of trails B8 and B 10 forward was based on FUNDING, not on a proper evaluation of the trail plan. Study Area 2 was set aside specifically for the purpose of doing a more complete evaluation! If Staff cannot agree with us on the alignment, let them build the rest of the trail if they need to secure that funding, but don't make a permanent mistake here in haste. The segment between points A & B already exists as the Current "Watermain" trail which parallels Skyline Blvd, and there's nothing particularly bad about it, other than its proximity to the highway. If the rest of the trail is built, leaving this segment out will still accomplish the objective of providing a trail which "serves as an artery from the gate CM03 parking lot to the sandstone formation and other northern points in the preserve". 4) 1 believe that this disagreement over the alignment of a short segment of trail is a symptom of the way the district goes about making decisions which affect the mountain bike community. Although you have stated that comments received by the public should focus on the specifics of the B8 trail, you should consider this in the greater context of what kind of relationship you want to develop with mountain bikers. We do not want to see hostility towards the district to continue to increase. The implementation of the trail plan has not been welcomed by many mountain bikers, and we are concerned about how this plan will be completed with the final adoption of a plan for Study Area 2. We think it is prudent for the district to reevaluate the entire plan during the review of Study Area 2. We want to be involved in this process, and we have made many recommendations about how we would like to contribute. These include: a) Maintaining the singletrack ourselves through a volunteer program including volunteer crew leaders and trail adoption; b) Providing direct and specific input on layout and routing of trails in ECdM, including a new look at the use of closed, authorized, and new trails; c) Developing innovative strategies for preserving the rugged singletrack in the context of intense use by large numbers of mountain bikers and an increased number of hiking visitors to the preserve, including unique trail construction and maintenance techniques, trail ratings and markings to guide users to the kind of trails they are looking for, and aggressive educational efforts such as docent led rides, informational bulletins, trail education stations, trail patrol, and other outreach programs. 5) Mountain bikers have heard both Staff and Board members make comments that MROSD is not "in the recreation business". True, your mission is to preserve openspace first, but it also includes provisions for providing for recreation as long as it is consistent with ecological values. We want to encourage you to provide for recreation that is also consistent with democratic values, and addresses not only ecological concerns, but social ones as well. Ignoring the social consequences of your decisions could result in serious enforcement problems that could lead to negative impacts on the environment. If this happens you won't have *preserved* the openspace properly. Consequently, you MUST address the issues surrounding management of recreation -- specifically the large numbers of mountain bikers who come to ECdM for the technically challenging singletrack trails -- to ensure our use continues to be a minimal impact on this beautiful mountain and the other visitors in your preserves. I hope we can get together in workshop format again to address these issues. 1 would like to suggest that the district allow the mountain bike community to take the lead. We would like to host a workshop for the district to specifically address the issues surrounding management of mountain biking, so that we may share our knowledge and experiences and desires in a constructive manner. I hope you will take us up on our offer. Sincerely, Patty Ciesla Palo Alto is Robert L Indig, 11:49 AM 8/22/97 No Subject X-Lotus-FromDomain: BII From: "Robert L Indig"<rlindig@beckman.com> To: mrosd@openspace .org Date : Fri, 22 Aug 1997 11 :49 : 04 -0800 MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear MROSP Board Members, I am writing to urge that the Board consider meeting the objectives of the alternative alignment of trail B8 in El Corte de Madera Open Space . As Barry Stevans succinctly stated at the special on-site meeting last Wednesday, the specific realignment location is less important then the main goal of having it not cross the two trails popular with mountain bikers, Devil ' s Staircase or Nosebreak. I agree with many in the mountain biking community that having a new multiuse trail, which will probably be used predominantly by hikers, cross trails predominantly used by bikers may lead to conflicts between the two user groups . I certainly hope that a compromise alignment of trail B8 can be achieved that meets the needs of the main user groups of the Open Space . I believe some of the District ' s concerns regarding the maintenance of the existing trails that the mountain bikers are so passionate about keeping in their current state can be addressed through a biker community sponsored trail maintenance program. The presence of so many from the mountain biking community is an example of the level of commitment we are willing to make to keep ECdM an enjoyable experience for mountain biking. I urge the Board to ask for further study of the issue of the alignment of trail B8 . This should include addressing the issues that I have outlined above . Sincerely, Bob Indig 832 Seminole Way Redwood City, CA 94062 Printed for Malcolm Smith <mrosd@openspace.org> l Tim Simmons, 10 :12 AM 8/22/97 Proposed ECdM B8 alignment Date : Fri, 22 Aug 1997 10 : 12 : 39 -0700 (PDT) X-Sender: tsimmons@auspex. auspex.com To : mrosd@openspace .org From: Tim Simmons <tsimmons@auspex. com> Subject : Proposed ECdM B8 alignment Cc : tsimmons@auspex-gw2 .auspex. com Please forward this message to the Board of Directors : Regarding the alternate alignment of B8 in ECdM. I would like to request that the board implement the suggestions of the Mountain Biking Community since we are the largest user group, and this country is still supposed to have a democratic form of government . 1) The new alignment of B8 must not cross paths with "Nosebreak" or "Devil ' s Staircase" this will reduce trail conflicts . 2) Trail gradients in excess of 25% should be allowed if there is a viable maintenance plan. The Mountain Biking community has offered many hours of volunteer time to maintain this type of trail . I will also volunteer to perform trail maintenance . The wishes of the largest user group, the Mountains Biking community, have been given little more than lip service by this Board. The Board should take actions cognizant of the fact that we live in a Democracy, the will of Mountain Bikers should no longer be ignored. Sincerely, Tim Simmons 1116 Di Napoli Drive San Jose CA, 95129 Tim Simmons - Manager, Manufacturing Engineering Auspex Systems 5200 Great America Parkway, Santa Clara CA 95054 (408) 986-2162 Printed for Malcolm Smith <mrosd@openspace.org> 1 Mike Molony, 02 :53 PA8/21/97 , RE: Alternative Alignment of B From: "Mike Molony" <molony@gene . COM> Date : Thu, 21 Aug 1997 14 : 53 :43 -0800 reply-to : molony@gene .COM BikeClubMessage : And now. . . important bike club message To: mrosd@openspace .org Subject : RE : Alternative Alignment of B8 in ECdM Cc : gray.rebecca@gene . COM Dear Sirs and Madams, As for the new alignment of B8 in ECdM, I behoove you on behalf of the Genentech Bicycle Club to realign the trail in the way which maximizes user friendliness and future trail availability to mountain bikers . Our group of 115 cyclists (half of which are mountain bikers) have some concerns about the "perceived" deviation from the General Trail plan due to the loose wording. The proposed realignment of trail B8 as it stand now, will possibly prevent keeping 2 favorite single tracks open for latter review. We oppose any re-alignment which may render existing single track areas unavailable for use . Please put me on any mailing list you have regarding this area, so that I may keep our club members informed. If you have any questions regarding our stance on this issue, please feel free to contact me or send a representative to attend our next club meeting on September 3 from 12 : 00p .m to 1 : 00p.m. on the Genentech campus . Directions are available by FAX. many thanks for your time and consideration, michael s . molony genentech bike club president Michael S . Molony Research Associate and Genentech Bike Club President Genentech, Inc . Dept . of Analytical Chemistry One DNA Way, MS 62 South San Francisco, Ca 94080 Phone : (650) 225-3375 Fax: (650) 225-7060 Printed for Malcolm Smith <mrosd@openspace.org> Regionai Open ace - Meeting 97-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 27, 1997 AGENDA ITEM 1 AGENDA ITEM Reconsideration of the Approved Realignment of Trail B8 attl Corte de Madera Creek Open Space Preserve ` GENERAL MANAGER'S RECOMMENDATIONS I 1. Reaffirm the amendment to the Use and Management Plan for El Corte de Madera Creek Open Space Preserve to permit realignment and construction of Trail B8 following the original alignment flagged by staff, approved by the Use and Management Committee, and adopted by the Board of Directors at their July 9, 1997 meeting. 2. Create a Board ad hoc committee to work with staff and a citizen task force in the formation of the trail use plan for Study Area 2. BACKGROUND At your May 28, 1997 meeting you tentatively adopted an amendment to the Use and Management Plan for El Corte de Madera Creek Open Space Preserve to realign and/or construct two sections of trail, identified as B8 and B10 in the Trail Use Plan (see report R- 97-90). The attached map depicts this route as the adopted alignment. In addition, you requested an on-site meeting of the Use and Management Committee to see the flagged alignment of the trails prior to final adoption of the amendment. The on-site public meeting occurred on the evening of Monday, June 30. At your regular July 9, 1997 meeting you adopted the alignment of trails B8 and B10 (see report R-97-103). At your July 23, 1997 meeting, a member of the mountain bicycling community submitted a proposal to you requesting a change in the alignment of part of trail segment B8. In response, you voted to reconsider the trail B8 alignment at a subsequent meeting. As a result, an on-site Special Meeting of the Board was held on August 20, 1997 to tour the proposed change to trail B8. The meeting was attended by about 30 mountain bicyclists, six members of the Board of Directors, and 5 staff members. The meeting involved a discussion and hike to see the proposed change to the adopted trail alignment. ALTERNATIVES In evaluating the proposed trail realignment, staff has identified three alternatives which you might consider in order of staff preference; they are: Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos;CA 94022-1404 - Phone:41.5-691-1200 1972-1997 - FAX:415-691-0485 B E-mail mrosdnopenspace.org * Web site:www.openspace.org Board of Directors:Pete Siemens,Moir C. Dave led Cyr, David T.Smernott, Nonette Hanko,Bets Crowder,Kenneth y y, y Y C_Nitz - General M mager.1.Craig Britton R-97-132 Page 2 (1) Reaffirm the adopted trail alignment flagged by staff and adopted by you at your July 9, 1997 meeting; or (2) Amend the adopted trail alignment flagged by staff, to exclude any new trail construction between points "A" and "B" shown on the attached map; or (3) Approve of the proposal dated July 23, 1997, with modifications to the layout to eliminate switchbacks where possible. In order to evaluate these alternatives, it is important to understand the intent of the preserve's adopted Trail Use Plan. The preamble states: "The intention of the trail use plan is to establish a reasonable and easily- maintained trail system that allows a variety of preserve users to enjoy the preserve." Whichever trail alignment is selected, it is destined to become one of the primary access routes into the preserve, upon development of a parking area in the southeastern corner of the preserve. Use of the trail is anticipated to be to high due to its proximity to the proposed parking lot. Hikers on other open space preserves prefer a two- to three-mile loop trail beginning from the parking area. This trail will likely become part of a larger loop trail serving this need. In addition, this route will most likely be used by visitors wishing to visit the sandstone formation, or as a starting point to access the trails in the interior of the preserve. In order to accommodate the level of use and the types of trail users anticipated, the design standards used to construct this trail should be consistent with the District's time-tested standards used in similar situations. For example, the newly constructed Cora Older Trail at Fremont Older Open Space Preserve represents the type of trail construction envisioned by staff for this area. The trail should be five feet wide with an average grade of no more than 10-12%. By keeping the grade to an average of 10-12% and installing proper drainage features, such as water bars or drain dips, a durable trail tread is created, which withstands the effects of heavy public use and minimizes the erosion potential along the trail. As a result, long-term maintenance costs and staff time are minimized. Proper design of any trail route avoids the creation of switchbacks whenever possible. Switchbacks are more difficult and costly to construct, and require an ongoing maintenance obligation. Even properly constructed switchbacks require frequent maintenance. It is important to keep the drainage channels open and route water away from the trail tread. Switchbacks, particularly in open terrain, tend to encourage shortcutting. For these reasons, switchbacks are usually employed as a last resort when designing a trail layout. If they must be used in an open situation, barriers are often used to eliminate the shortcutting. R-97-132 Page 3 Alternative 1. Reaffirm the July 9. 1997 Amendment to the Use and Management Plan This alternative remains the alignment preferred by staff (see map). Staff feels it best suits the long-term needs of preserve visitors. The route is designed for higher levels of multiple trail use with its easy grade and width. Since it will be one of the main routes leading from the proposed parking area, the trail users will represent a variety of skill levels and conveyances. It does not contain switchbacks, thus keeping construction and maintenance costs to a minimum. It passes through a beautiful area of the preserve, including large trees and a large moss-covered sandstone outcropping. The July 23, 1997 proposal questions the impact of trail construction on the large douglas fir trees and steep sideslopes. Great efforts will be taken to avoid damage to the root system of these magnificent trees. The large roots of douglas fir trees fan out in all directions from the tree trunk and are typically located near the soil surface. Trails can be located on the slopes directly above the trees with minimal impact to the trees as long as the trail tread is built up rather than cut down. The same is true of construction immediately below the trees. As long as the trail tread is built up from the existing grade using retaining walls to hold the material, rather than cutting the trail into the bank, no damage will be suffered by the trees. The July 23, 1997 proposal identifies another concern with the adopted alignment. The adopted alignment crosses two trails, identified in the proposal as "Nosebreak" and "Devil's Staircase." A concern has been expressed that the ultimate inclusion of these routes into the Trail Use Plan for the preserve, as part of Study Area 2, is threatened by the adopted alignment. The adopted alignment may lessen the need for at least one of the short upper sections of trail between the adopted alignment and Skyline Boulevard. However, construction of the proposed alignment should have little impact in determining the long-term status of the majority of both "Nosebreak" and "Devil's Staircase." Until Study Area 2 is revisited, the surrounding trails, including these two trails, will remain open to trail use until a final determination is made by you on trail use within the study area. The final trail use designation of the adopted alignment may also have an impact on the future of trails in Study Area 2. All remaining trails between points A and B would remain open until Study Area 2 is revisited and a final determination is made. Alternative 2. No New Trail Construction Between Points A and B This alternative proposes no new trail construction between points A and B as shown on the map. The issue of a connection between points A and B would instead be referred to a proposed ad hoc committee which would be responsible for guiding the process of a trail use plan for Study Area 2. Until such time as a plan for Study Area 2 is adopted by you, the existing trail system would remain intact between these points. Alternative 3. July 23, 1997 Proposal The July 23, 1997 proposal focuses on the trails located between points A and B as shown on the map. Existing routes are proposed to remain intact, with a short section of new trail construction called for at a point mid-way between points A and B. The new trail construction, as presented at the August 20 field workshop, requires several switchbacks on a R-97-132 Page 4 steep slope with short steep sections of trail between the switchbacks. In addition, several additional switchbacks are called for over the easement which Skyline County Water District utilizes over a section of the preserve parallelling Skyline Boulevard. Staff has several concerns with the proposal, including the alignment of the new trail to be constructed, and the unsuitability of the overall system to serve the intended purpose of the adopted trail alignment. The trails which are being preserved as a part of this proposal for potential incorporation into the Trail Use Plan for the preserve, far exceed grades recommended for any trail use. "Nosebreak" has grades up to 45-50%. "Devil's Staircase" has grades up to 37%. As seen during the workshop, steep trails, particularly steep trails following the ridgetop, such as "Nosebreak," have severe erosion problems that cannot be corrected without a complete realignment of the trail route. As mentioned earlier, this trail route will be one of the key connector trails to the proposed parking area, and as such, will receive heavier use by a variety of trail users with a wide range of abilities. The existing routes incorporated into this proposal would become an integral part of this key connector trail and are steep, with grades reaching 30% in places. This is unsuitable for many preserve users. Staff has concerns about the use of switchbacks in this alternative. Switchbacks are proposed in open areas where the trails would be clearly visible and shortcutting between sections of trail would be likely to occur. This would become an additional maintenance focus over the long term. Fencing between the trail segments would be required to keep visitors on the trail. This not only detracts from the experience of the trail user, but also becomes an additional maintenance issue in the long term. Fencing would not be acceptable in the vicinity of the Skyline County Water District line since the water district would need access to their buried water line. If you feel that this is a viable alternative, staff suggests redesigning the switchbacks, if possible. As with Alternative 1, all remaining trails between points A and B will remain open to trail use until Study Area 2 is revisited and a final determination made on trail use within the study area. AD HOC COMMITTEE Given the interest in the trails of Study Area 2, and the severity of the resource damage in some areas, it is important to begin the planning process for Study Area 2 as soon as possible, regardless of which alternative you choose for the trail between points A and B on the map. In order to begin the planning process for a trail use plan for Study Area 2, staff suggests that an ad hoc committee of the Board be formed to work with staff and a citizen task force to be determined at a later date. Some of the original citizen task force members have moved from the area, however staff suggests that members of the past task force would be good candidates for this process for the sake of continuity. This process would most likely begin in September, but could continue into the next calendar year, depending upon the workshop schedule, weather, and the public meeting process. Staff recommends that Directors Smernoff and Crowder be members of this ad hoc committee, since they both participated in the Use and Management deliberations on the Trail Use Plan for the preserve. Director de Wit was the third member of the Use and Management Committee at that time, but has since retired from the Board. The third member of the proposed ad hoc committee R-97-132 Page 5 could be filled by another interested Board member. The project will entail a series of evening meetings and Saturday field trips to the preserve, with strenuous hiking in rough terrain at times. PUBLIC NOTIFICATION A notice for the August 20 workshop was mailed to those individuals that have expressed an interest in the trails at El Corte de Madera Creek Open Space Preserve. There are about 60 people on the list. A notice of the workshop was also posted at the trailheads to the preserve, at the District's web site, and a copy sent to subscribers of ROMP's e-mail list. Names and addresses of interested members of the public that attended the on-site workshop were collected and added to the mailing list for upcoming workshop notices. A copy of this report and meeting agenda was mailed to the revised mailing list, was mailed to the revised mailing list and posted on the ROMP e-mail list. The agenda was posted on the District's web page. Prepared by: Mary de Beauvieres, Open Space Planner John Escobar, Operations Manager Contact: Mary de Beauvieres, Open Space Planner MIDPENINSU(fA REGIONAL OPEN SWCE DISTRICT EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE PROPOSED REALIGNMENT OF TRAIL SEGMENT B8 *e N .#. N -. ADOPTED ALIGNMENT • ••' ••• PROPOSED REALIGNMENT GRADED FIREROAD EXISTING TRAILS METHUSELAH 'h «<»< ;<:;> TRA I L H EA D fh c500 am. 1 r f �+ . a+w�� • 'w ✓ ••• -�n('� k �'Witch's !l�" $preA Knoll" .� r I G� ea PRIVJMTE PROsr Ill .�� `\\ .. ...:. �;5� �'•:::. .:�,,I� � : � � v NMVVaA.du�axx � 64 . .......: yyww��` ONof rii C M03�� study2.ai Regional Open ' ice 1 R-97-124 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-24 August 27, 1997 AGENDA ITEM 2 AGENDA ITEM Interim Report on Dog Access Compliance Assessme , Hamms Gulch Trail, Windy Hill Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Review and comment on the attached six-month summary of use and violations at Windy Hill Open Space Preserve, focusing on the issue of compliance with regulations for dog access. DISCUSSION At your meeting of December 18, 1996 you adopted an amendment to the Use and Management Plan for Windy Hill Open Space Preserve to allow leashed dogs on the Hamms Gulch Trail for a trial period of one year (see report R-96-132). At that time you directed staff to conduct an assessment of compliance with regulations for dog access at the preserve as a means of judging the success of the trial. A six-month update on status was requested, with the final report to return to the Board's Use and Management Committee at the end of approximately one year. A volunteer-conducted census of all trail users and all types of violations was organized and initiated at the beginning of February, 1996. The census results are organized in a database which allows analysis of use and violations by user, by trail, by violation type, and by date. This census may serve as a model for conducting similar studies at other preserves on other issues. The requested six-month summary of results is attached. Every effort was made to make the census thorough and accurate. The volunteers were carefully instructed on how to observe and score the results for consistency. All the major trailheads were posted with signs notifying the public that the compliance assessment was in progress, reminding them of the dog access regulations, and noting the importance of compliance to the success of the one year trial period. Staff met with representatives of the Peninsula Access for Dogs (PADS) Organization to get their feedback on the survey format and enlist their assistance with encouraging the public to observe the rules. The interim census results have been shared with PADS, including detailed breakdowns of the data collected. The overall results of the census to date are that dog access constitutes 10% of the total of 1,925 users that were observed. However, dog-related violations accounted for 68% of total violations observed by the volunteers. One-third of the dogs observed were off-leash, constituting 44% of the total violations. Two percent of the dogs observed were in a Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • 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-97-124 Page 2 prohibited area, which is actually better compliances than bicycle and equestrian users. Thirty-two piles of dog waste were observed, which can't necessarily be related to the number of dog trips, but represents 22% of all violations if counted at one violation per pile. The census indicates that, preserve wide, one-third of dog owners are not complying with the leash regulation. The situation is somewhat better on the Hamms Gulch Trail, where approximately 21% of dog owners are not complying, but worse on the Spring Ridge Trail, where approximately 43% are not complying. Prepared by: Randy Anderson, Senior Planner Contact person: same as above WINDOilILL TRAIL CENSUS RlkULTS FEBRUARY - JULY 1997 TOTAL USERS: 1925 TOTAL VIOLATIONS: 148 TOTAL VOLUNTEER HOURS: 254 USER TOTALS HIKER RUNNER BICYCLIST E UEST. DOG TOTALS 1450 101 137 47 190 PERCENTAGE OF TOTALS 75% 5% 7% 2% 10% VIOLATION TOTALS BICYCLIST SPEEDING NO HELMET PROHIBITED AREA TOTALS 8 20 16 PERCENTAGE OF BICYCLE USERS 6% 15% 12% PERCENTAGE OF ALL VIOLATIONS 5% 14% 11% DOG OFF LEASH PROHIBITED AREA WASTE PILES TOTALS 65 3 32 PERCENTAGE OF DOG USERS 34% 2% UNKNOWN PERCENTAGE OF ALL VIOLATIONS 44% 2% 22% EQUESTRIAN SPEEDING PROHIBITED AREA TOTALS 2 2 PERCENTAGE OF HORSE USERS 4% 4% PERCENTAGE OF ALL VIOLATIONS 1% 1% Malponkmils Regional Windy Hill Open Speos Preserve On going Databaas for 97 Open Spam DIWict Visitor use Database from surveys by traq Vldatbna s She" Hors" Doem Ussr4Nur Usw4tuarr Usw4M"cWt Uaw- WwAog VW4&0a4p VW4Mw"H VI048w-PA V"onsaap VW411orsaa PA Vlo-Dow-OL Vlo-Doga-AA V"owt-WP Month Dow Doy Tam Trails) Toils 1460 101 137 47 1901 8 20 to 2 2 96 31 32 pwoonaw ofTode 76% 6% 7% 2% 10% 6% 14% 11% 1% 1% 44% 2% 22% Tod Wan 1926 Tod Vk"dona 148 Tod BNn Vldetlone 44 30% Tod Hot"Vldstlmr 4 3% Tod Dag Violations 100 68% Tod AnnIVOMINY 131 71 1 1 131 0 0 01 1 1 1 0 i Tod Eade Trull 140 71 13 9 27 0 4 2 0 0 9 0 3 Tod Harnms at" 291 211 01 4 33 3 3 7 0 0 7 0 Tod toot Troll 127 10 31 4 10 0 2 3 0 0 41 1 Rumbook f6clip ie 13 01 / 0 0 0 0 0 1 2 0 spring 101101110 669 29 96 21 84 4 10 0 1 0 38 2 e Regional R-97-129 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-24 August 27, 1997 AGENDA ITEM 3 _ AGENDA ITEM Proposed Addition of Urrere Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve , GENERAL MANAGER'S RECOMMENDATIONS .. 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Urrere property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION(see attached maul The 40-acre property being considered for acquisition is located near Loma Prieta Road and Mt. Loma Prieta. The property(Santa Clara County Assessor's Parcel Number 562-20-024) lies on top of a narrow ridge that is perpendicular to the more prominent ridgeline between Mt. Umunhum and Mt. Loma Prieta. There are excellent views of Mt. Umunhum, Bald Mountain, Barret Canyon, and the Herbert Creek watershed from the site. This is an important acquisition because it is within the Bay Area Ridge Trail corridor, may provide a link in a trail connection to Almaden Quicksilver County Park, and protects the scenic quality of the southern portion of Sierra Azul Open Space Preserve. The property is bounded by District open space land to the west, east, and south; a small developed private parcel is located to the north. A narrow spine-like ridge bisects the property in the north-south direction and steep rugged sideslopes drop off the ridge into Barret Canyon and an upper tributary of Herbert Creek. An unsurfaced road extends north along the narrow ridge, providing access from Loma Prieta Road to private property and District open space lands situated above Herbert Creek. The road, which degrades into a fire road, eventually connects to the Twin Creeks area near Almaden Reservoir but it appears it may be impassable at the lower elevations. There are no improvements on the property. x Celebrate 25 Years of Open Space Preservation 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:4'15-691-1200 1972-1997 - FAX: 41 5-691-0485 . E-mail: mrosd@openspace.org - Web site:www.opetispacc.org t9 Board of(directors.Pete Siemens,Mary C. Davey,Jed Cyr. David T.Smernotl, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz > General Manager (.Craig Britton R-97-129 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The property is located within the District Sphere of Influence and in an unincorporated area of Santa Clara County. It is zoned HS (Hillside), requiring a 20-to 160-acre minimum lot size based on the average steepness of the property. The property is important in terms of wildlife habitat, watershed protection, and recreation and scenic hillside protection, and it's composite open space value is rated moderately high in the District's Open Space Master Plan. The Santa Clara Countywide Trails Master Plan shows an existing and planned section of the Bay Area Ridge Trail in the vicinity of the property along Loma Prieta Road. A segment of a potential trail connection between the Bay Area Ridge Trail and Almaden Quicksilver County Park passes through the property. Preliminary Use and Management Plan Recommendations The preliminary use and management plan will take effect at the close of escrow and remain in effect until a Comprehensive or Interim Use and Management Plan is complete. Future land use decisions, including plans for increased public access, will follow further environmental assessment to ensure land-use decisions are consistent with ecological values. Public Access: Designate Conservation Management Unit; public use will not be encouraged until use limitations can be sufficiently overcome. Trail Use Designation: No trails or roads are designated within the property. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Name: Name the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. Signs: Install preserve boundary signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEQA COMPLIANCE PPr 1'ect Description The project consists of the acquisition of a 40-acre parcel of land as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary R-97-129 Page 3 Use and Management Plan for the property. An existing unsurfaced road will remain open. Ultimately, the property will be included in a Comprehensive Use and Management Plan for the adjacent open space preserve. The land will be permanently preserved as open space and will be maintained in a natural condition. It may be open to the public for low-intensity recreation. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Article 19, Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines. 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. The use and management plan specifies the property will be maintained in a natural condition and an existing road will remain open. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interests and will maintain the property as open space. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space. This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS The purchase price of this 40-acre single parcel site would be$100,000.00(an average of$2,500 per acre). This is the same per-acre price the District paid for the adjoining 80-acre former Young property acquired in November of 1996. This price is considered to be fair and reasonable based upon real estate market activity in this area. The District would be required to pay$25,000 in cash at the close of escrow to occur immediately after January 1, 1998. The balance of the $75,000 purchase price would be paid in three equal annual installments of interest free principal payments of$25,000 on or before January 15 of 1999, 2000 and 2001. R-97-129 Page 4 BUDGET CONSIDERATIONS 1997/1998 Budget for Land Acquisition New Land $12,700,000 Previous Acquisitions (2,595,000) Urrere Acquisition proposed on this agenda (100,000) Acquisition Budget Remaining S191995,00 Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to the Mt. Umunhum Area for wildlife and riparian corridor protection. PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition. 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One Mile >:»»...... :%;•4✓,.;.;;.;a!:;.ii•}:2.i}:..••}:•}:i::>:•2: r;:f;;;;;;;33::: EXHIBIT I: LOCATION MAP AUGUST 1997 urrere.ai RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF URRERE 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 Jean Louis Urrere and Augusta Marie Urrere as Trustees of the Urrere Living Trust dated September 28, 1990 and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement, Promissory Note and Deed of Trust on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$100,000 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. t PrTvruecP AGREEMENT This Agreement is made and entered into by and between Jean Louis Urrere and Augusta Marie Urrere as Trustees of the Urrere Living Trust dated September 28, 1990 hereinafter called "Seller" and the Midpeninsula Regional Open Space District, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITAT S WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGRRAM NT 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 Sate. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately Forty (40) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-20-024. Said property being further described in the Legal Description attached to Preliminary Title Report number 1101653 from North American Title Company, dated June 18, 1997, 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 Pam. The total purchase price ("Purchase Price") for the Property shall be One Hundred Thousand Dollars ($100,000.00), which shall be payable in the following manner: Purchase Agreement Page 2 (a) District shall pay the sum of Twenty Five Thousand and No/100 Dollars ($25,000.00) in cash at the "Closing" as defined in Section 3 hereof. (b) The remaining balance of Seventy Five Thousand and No/100 Dollars ($75,000.00) shall be evidence by a Secured Promissory Note in the form attached hereto as Exhibit "B" and incorporated herein by this reference, which shall be paid in three (3) annual installments of interest free principle payments of$25,000.00 on or before January 15 of 1999, 2000 and 2001. Said Note shall be secured by a First Deed of Trust against the Subject Property in the form attached hereto as Exhibit "C" and incorporated by this reference. The Note, but not the Deed of Trust securing the Note, is and shall be junior and subordinate to the "1990 Promissory Notes-Midpeninsula Regional Open Space District-Santa Clara and San Mateo Counties, California", "1992 Promissory Notes-Midpeninsula Regional Open Space District (Santa Clara and San Mateo Counties, California),"1995 Promissory Notes- Midpeninsula Regional Open Space District-(Santa Clara and San Mateo Counties, California), and the "Midpeninsula Regional Open Space District Financing Authority 1996 Revenue Bonds" and any and all subsequent Public Note issues of District. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at North American Title Company, 335 N. Santa Cruz Avenue, Los Gatos, CA, 95030 (408) 395-9008 (Escrow number 1101653) 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 after January 1, 1998, but no later than January 9, 1998, provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the 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. Purchase Agreement Page 3 (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) A fully executed Promissory Note together with an executed and acknowledged First Deed of Trust securing said Note as provided in Section 2 hereof. (iii) District's check payable to Escrow Holder in the amount of Twenty Five Thousand and No/100 Dollars ($25,000.00). (e) District and Seller shall share equally (50/50) the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. (f) Seller shall cause North American 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$100,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property takes, (ii) title exceptions 3 through 8 in Preliminary Title Report No. 1101653, and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the 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 Rio;. and Liabilities of the varties 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. Purchase Agreement Page 4 5. T Q,,e or Ocriipanry of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 a ml. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Ecgresentatio s 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. (a) AUhW1 . Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. (b) Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to 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. (c) CgKKLTitk. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of pro M. 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. g, Hnmrdo s Waste. (a) DCfai,tigM. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local Purchase Agreement Page 5 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) Rom.=reeentations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) The Property does not contain any Hazardous Waste or underground storage tanks; (ii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, Purchase Agreement Page 6 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 kind on or in the property, except when any hazardous substance contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 9. Waiver of Statutory Com ratio . 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 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. 10. Miscellaneous Provisions. (a) Choice of Law_. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. Purchase Agreement Page 7 (b) 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. (c) 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. (d) Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. (e) 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: Seller: Jean L. Urrere P.O. Box 17 New Almaden, CA 95043 (408) 927-6882 Purchase Agreement Page 8 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. (f) Sev_rability,. 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. (g) 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. (h) Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. (i) 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. Purchase Agreement Page 9 0) Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. (k) 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. (1) Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. (m) 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. (n) 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. (o) Broker's Com fission. 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. (p) C-212,tions. 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. (q) Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 11. Aa=tang. Provided that this Agreement is executed by Seller and delivered to District on or before August 19, 1997, District shall have until midnight August 27, 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. Purchase Agreement Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by Y their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSUI.A REGIONAL OPEN 't SPACE DISTRICT *Lr. Urrere, Trustee ACCEPTED FOR RECOMMENDATION: Date: /S> Michael C. Williams, Real Property Augu M. Urrere, Trustee Representative Date: APPROVED AS TO FORM: Sue Schectman, District Counsel t . FD FOR APPROVAL: L. Craig tto General Manager APPROVED AND ACCEPTED: President, Board of Directors AST: District Clerk Date: EXHIBIT A NORTH DIRECT ALL INQUIRES TO: MAM�EEICAN Escrow Officer: TERESA WOEST Our No.: 1101653 COMPAW July 8, 1997 MID PENINSULA REGIONAL OPEN SPACE DISTRICT 330 DISLEL CIRCLE LOS ALTOS, CA 94022 ATTN: MIKE WILLIAMS PROPERTY ADDRESS UNINCORPORATED (LOS GATOS, CALIFORNIA) Preliminary Report IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. 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 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 EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER, 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 LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of JUNE 18, 1997 PHIL KESSLER at 7:30 A.M. Title Officer 2001 GATEWAY PLACE, SUITE 220 WEST, SAN JOSE, CA 95110 PHONE (408)-453-0300- FAX (408)-453-7654 E-11MISiT Page Of The form of policy of title insurance contemplated by this report is: ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL ONE. AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL TWO AND THREE. Title to said estate or interest at the date hereof is vested in: JEAN LOUIS URRERE AND AUGUSTA MARIE URRERE AS TRUSTEES OF THE URRERE LIVING TRUST DATED SEPTEMBER 28, 1990 EXHIBIT )q Page 2 of 8 Page I of Order No. 1101653 Description: The land referred to herein is situated in the State of California, County of SANTA CLARA, UNINCORPORATED AREA, and is described as follows: PARCEL ONE: THE SOUTH '/2 OF THE SOUTH '/z OF THE NORTHWEST '/4 OF SECTION 27 TOWNSHIP 9 SOUTH, RANGE 1 , EAST, MOUNT DIABLO BASE AND MERIDIAN. PARCEL TWO: AN APPURTENANT RIGHT OF WAY 50 FEET IN WIDTH, FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF UTILITY LINES OVER, ALONG, AND UNDER THE THEN EXISTING FIRE BREAK, LOCATED ON THE NORTH %2 OF THE SOUTHWEST '/4 OF SECTION 27 IN TOWNSHIP 9, SOUTH RANGE 1, EAST MOUNT DIABLO BASE AND MERIDIAN SAID RIGHT OF WAY OVER SAID FIRE BREAK EXTENDS FROM THE SOUTHERLY LINE OF SAID SOUTH '/z OF THE NORTHWEST '/4 OF SECTION 27 IN TOWNSHIP 9 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN TO THE EXISTING ROAD LOCATED ON SAID NORTH '/2 OF THE SOUTH WEST '/4 OF SECTION 27 IN TOWNSHIP 9 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN AS SAID RIGHT OF WAY WAS GRANTED BY ANN HAVEL TO DONALD M. GEESEY, ET UX, BY DEED DATED AUGUST 6, 1967 AND RECORDED AUGUST 7, 1957 IN BOOK 3862, PAGE 265 OF OFFICIAL RECORDS. PARCEL THREE: AN EASEMENT FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF UTILITY LINES OVER, ALONG AND UNDER THE EXISTING FIRE BREAK LOCATED IN THE NORTH '/2 OF THE NORTHEAST '/4 AND THE NORTH Y2 OF THE NORTHWEST Y4 OF SECTION 27 AND ON LOTS 10 AND 15 OF SECTION 22, ALL IN TOWNSHIP 9 SOUTH, RANGE 1 EAST, M.D.B. & M. SAID EASEMENT OVER SAID FIRE BREAK EXTENDS FROM THE SOUTHERLY LINE OF THE NORTH %2 OF THE NORTHWEST '/4 OF SAID SECTION 27 TO THE NORTHERLY LINE OF LOT 10 IN SAID SECTION 22. SAID EASEMENT SHALL BE 50.00 FEET IN WIDTH. ASSESSOR'S PARCEL NO. 562-20-24 EXHIBIT !7 Page 3 of 8 Page —.1.0f Order No. 1101653 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 General and special property taxes, and any assessments collected with taxes, including utility assessments, are a lien not yet payable to be levied for the fiscal year 1997/1998. 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. ANY RIGHTS NOT DISCLOSED OF RECORD, IN FAVOR OF THE PUBLIC TO USE EXISTING ROADS OVER THE PREMISES. 4. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: EDWARD D. MERRILL AND MARILYNN P. MERRILL, HIS WIFE No representation is made as to the present ownership of said easement. For: INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF UTILITY LINES Recorded: DECEMBER 21 , 1960 Instrument No.: 1926214 Book: 5020 Page: 320 Affects: A PORTION OF SAID LAND EXHIBIT- 6 Page 4 of 8 2- a3e —q-0f Order No. 1101653 5. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: MADELINE M. PAYNE, A WIDOW No representation is made as to the present ownership of said easement. For: INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF UTILITY LINES Recorded: JULY 29, 1963 Instrument No.: 2449589 Book: 6123 Page: 455 Affects: A PORTION OF SAID LAND 6. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY No representation is made as to the present ownership of said easement. For: COMMUNICATION FACILITIES TOGETHER WITH A RIGHT OF WAY THEREFROM AND THE RIGHT OF INGRESS THERETO Recorded: OCTOBER 19, 1970 Instrument No.: 3890447 Book:- 9092 Page: 215 Affects: A PORTION OF SAID LAND EXHIB ITT' - �)- Page 5 of 8 Page ®f q ummmb-06000 Order No. 1101653 7. NO REGARD IS MADE BY THIS COMPANY AS TO THE LOCATION OF THE EASEMENTS SHOWN AS PARCEL TWO AND PARCEL THREE OF THE LEGAL DESCRIPTION 8. THERE APPEARS TO BE A LACK OF ACCESS TO ANY PUBLIC STREET OR HIGHWAY 9. Any invalidity or defect in the title of the vestees in the event such trust is invalid or fails to confer sufficient powers in the trustees, or in the event there is a lack of compliance with the terms and provisions of the trust instrument. This company will require a certification from the current trustee(s) stating said trust is in full force and effect and there have been no changes except as set forth. 10. Any facts, rights, interests or claims which a correct survey would show. END OF EXCEPTIONS EXHIBIT Page 6 of 8 Page --� of Order No. 1101653 Unless shown in the body of this Preliminary Report there appears of record no Transfers or agreements to transfer the land described herein recorded during the period of 24 months prior to the date of this report, except as follows: NONE General and special property taxes for the fiscal year shown below have been paid. Fiscal Year: 1996-1997 First Installment: $202.24 Second Installment: $202.24 Land: $16,402.00 Improvements $NONE Code Number: 72-007 Parcel Number: 562-20-024 Note: Effective March 1 , 1979 there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please,call your Escrow Officer or Title Officer. This charge for a policy of title insurance, if issued through this title order, will be based on the basic insurance rate. E'A"HIBIT Page 7 of 8 Page --?.Of I. Order No. 1101653 GOOD FUNDS LAW CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES: SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ('NORTH AMERICAN TITLE COMPANY, INC.') IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT. NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING WITH A CHECK AGAINST A FDIC INSURED BANK). ' 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A "HOLD" ON SOME CHECKS OF 2.5 DAYS OR LONGER IN SOME INSTANCES, PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.) NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES. PRELIMINARY CHANGE OF OWNERSHIP REPORT NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A PRELIMINARY CHANGE OF 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. IRS FORM 1099 BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER MUST FURNISH A TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099, OR ITS EQUIVALENT, WITH THE INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF THE INTERNAL REVENUE SERVICE. NOTICE OF A WITHHOLDING REQUIREMENT THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862) ON SALES OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO 3 1/3 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA OR THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. IN THE EVENT THE BUYER REQUIRES WITHHOLDING OF THE 3 1/3 PERCENT OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO FILE A COPY OF FORM FTB597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE ZOTH DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE SELLER HAS REQUESTED A WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD WITHHOLDING AT SOURCE UNIT, P.O. BOX 651, SACRAMENTO, CALIFORNIA 9 5 81 2-065 1 (916)845-4900.EXHIBIT P Page 8 of 8 Page -1-of Order No. 1101653 OFFICE OF COUNTv ASSESSOR SANTA CILARA CoUrFTY CALIFORNIA 'THE INFORMATION ON THIS PLAT IS DOOK —Ae PP.OVIDED FOR YOUR CONVENIENCE AS 56 A GUIDE TO THE GENERAL LOCATION OF 20 THE SUD.IECT PROPLRIY THE ACCURACY Z OF THIS PLAT IS NOT GUARANTEED NOR 21 EfrecnvE foa THE ROIL YEAR IS IT A PART OF ANY POLICY,REPORT OR ( -ts>9T UWRENCE E.STONE-ASSESSOR GUARANTEE TO WHICH IT MAY RE T,9 S.,RI E. R.O.S. 5,3s rMCHED y .rsr.., 9\ I R (YO,() I(SO.Ad 10 AC. (10AC) 1� ) 40.50 A C. ••' "�O AC.1 ro �✓ (40AC.) (20 AC.) I —� ® 40 Fc --� G1\\\ (36.SS AC.) Q 21 (80 aC) �t W.B. I o 59 SCALE 4'4 I 1I57.3EAC,) , 78 09AC.) 811.64 AC, TOTAL N I (.LLp ` l I (16o Ar.) 19.45AC.{ (21.31AC)(44.69K) (121;K) lo.AC TOTAL 19 II In Q ?�ea AC) : MIDPENINSULA REGIONAL OPEN SPACE DISTF CT 5 2 (L2.UAC.) 040 T7 44 3 4 (126SAC)` +_S� 'fIIIAC ,(40..i C) (QQK) 5-0 '�r.o� ITO AC.TOTAL r0, 4v9 r' a (25.e5 AC TOTA 9 cn 0 I I R.O.S. 633/25 � \ 12 Exhibit B DO NOT DESTROY THIS ORIGINAL NOTE: This original note, together with a Request for Reconveyance signed by the holder hereof, must be surrendered to the Midpeninsula Regional Open Space District before the final principal payment will be made. SECURED PROMISSORY NOTE $ 75,000.00 Los Altos, California , 1998 FOR VALUE RECEIVED, on or before January 151 2001, in installments as provided below, the undersigned, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California Public District("Maker"), does hereby promise to pay to Jean Louis Urrere, and Augusta Marie Urrere as Trustees of the Urrere Living Trust dated September 28. 1990 (Lenders) at P. O. Box 17,New Almaden. CA 95043, or at such other place as the holder hereof may, from time to time, hereafter designate in writing, in lawful money of the United States of America, the principal sum of ***Seventy-Five Thousand and No/100 Dollars ($75,000.00) at no interest cost. 1. payments. Installments of interest free principal shall be due, payable and credited as follows: (a) Said principal amount hereof shall be paid by Maker on or before January 15, 2001. Annual principle payments shall be paid by Maker in three installments of Twenty-Five Thousand and No/100 Dollars($25,000.00) each payable on January 15, 1999, January 15, 2000 and January 15, 2001 until this Note is satisfied in it's entirety. (b) In case any date specified above for the payment of principal on this Note shall be a legal holiday, such payment shall be made on the first succeeding business day. 2. Secudtty. This Note is secured by a First Deed of Trust(the "Deed of Trust"), of even date herewith, executed by Maker, as Trustor, to North American Title Company, as Trustee, and naming Lender as Beneficiary, creating alien on certain real property, more particularly described therein, located in the County of Santa Clara, State of California. 3. , Junior Lien. The Note, but not the Deed of Trust securing the Note, is and shall be junior and subordinate to the "1990 Promissory Notes-Midpeninsula Regional Open Space District-Santa Clara and San Mateo Counties, California", "1992 Promissory Notes-Nvlidpeninsula Regional Open Space District-(Santa Clara and San Mateo Counties, California),"1995 Promissory Notes-Midpeninsula Regional Open Space District (Santa Clara and San Mateo Counties, California), and the "Midpeninsula Regional Open Space District Financing Authority 1996 Revenue Bonds" and any and all subsequent Public Note issues of District. Exhibit 3 Page 1 Page 1 of 3 4. Acceleration Upon Transfer. In order to induce the holder hereof to make this loan secured hereby, Maker agrees not to transfer said real property or any portion thereof or interest therein, without the prior written consent of the holder hereof. Such holder may grant or deny such consent in its sole discretion and, if consent should be given, any such transfer shall be subject to the Deed of Trust as above mentioned, to be bound by all provisions contained therein. Such assumption shall not, however, release Maker from any liability under this note without the prior written consent of the holder thereof. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. Notwithstanding the foregoing, the holder hereof agrees not to unreasonably withhold its consent to a transfer of said real property to another public agency, provided that such public agency has adequate resources, in holder's judgement, to meet the obligations of this note in the same manner as if paid by the Maker. As used herein, "transfer" includes the sale, conveyance or other transfer of said real property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise. 5. Lender's Delay. No delay or omission on the part of Lender in exercising any right under this Note or under any of the documents referred to in Section 2 shall operate as a waiver of such right or of any other right of the holder hereof. 6. Maker's Waivers. Maker(and all guarantors, endorsers and other parties now or hereafter becoming liable for the payment of this Note) hereby waives diligence, presentment, protest, demand of payment, notice of protest, dishonor, and non-payment of this Note, and other notice of any kind. Maker expressly agrees that, without in any way affecting the liability of maker hereunder, the holder hereof may extend the maturity date or the time for payment of any amount due hereunder, accept additional security, release any party liable hereunder, and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitation as a defense to any demand on this Note, or on any deed of trust, security agreement, lease agreement, guarantee or other agreement now or hereafter securing this Note. 7. Loss or Destruction. Upon receipt of evidence reasonably satisfactory to Maker of the loss, theft, destruction or mutilation of this Note, and in the case of any such loss, theft, or destruction of this Note, upon delivery of an indemnity bond by the holder hereof in such reasonable amount as Maker may determine, or, in the case of any such mutilation, upon surrender and cancellation of this Note, Maker will execute and deliver, in lieu thereof a replacement note of like form, tenor and effect. 8. jw. This Note shall be governed by and construed in accordance with the laws of the State of California. 9. Sgyeranc. Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof which terms and provisions shall remain binding and enforceable. Exhibit B Page 2 Page 2 of 3 10. Waive . Any waiver, express or implied, of any breach hereof or default hereunder shall not be considered a waiver of any subsequent breach or default. 11. Section Headings. Section headings are solely for the convenience of the parties and are not a part of this Note. 12. Modification. No provision of this Note may be waived, modified or discharged other than by an agreement in writing signed by the party against whom enforcement of such waiver, modification or discharge is sought. 13. A. ment. Lender may assign this Note and the Deed of Trust upon obtaining the prior written consent of Maker, which consent will not be unreasonably withheld. 14. Purchase Money Obligation. It is understood that the indebtedness represented by this Note is the unpaid balance of the purchase price of certain real property which Lender has sold to Maker on the date hereof. MAKER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A Public District 330 Distel Circle Los Altos, California 940422 Director Director Director Director Director Director Director Exhibit B Page 3 Page 3 of 3 RECORDNG REQUESTED BY EXHIBIT C NORTH AMERICAN TITLE COMPANY Escrow No. Order No. AND air RECORDED MATT.To Name Street Address city& State SPACE ABOVE THIS LINE FOR RECORDER'S USE SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS J.P.N. (INDIVIDUAL) A.P.N. This Deed of Trust, made tds day of - 1998 , between Midpeninsula Regional Open Space District, a public district , herein called Trustor, whose address is 330 Di stet Circle Los Altos CA 94022 (mmmber®d wm) (on) (state) crirr North American Title Company, a California corporation, herein called Trustee, and Jean Louis Urrere and Augusta Marie Urrere as Trustees of the Urrere Living Trust dated September 28, 1990 herein called Beneficiary, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the unincorporated area of Santa Clara County, California, described as: For legal description. see Exhibit "A" attached to and made a part hereof. TOGETHER WITH the rents,issues and profits thereof,SUBJECT,HOWEVER, to the right,power and authority given to and conferred upon Beneficiary by paragraph(10)of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of S executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record owner of said property hereafter may borrow from Beneficiary,when evidenced by another note (or notes)reciting it is so secured. EXHIBIT PW I oft page Of To Protect the Security of This Deed of Trust,Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions(1)to(14). inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of the county, viz.: COUNTY BOOR PAGE COUNTY BOOR PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 435 694 Rings 792 933 Placer 995 301 Sierra 29 335 Alpine 1 250 Labe 382 39 Plumas 151 5 Siskiyoa 468 181 Amador 104 348 Lasses 171 471 Riverside 3005 523 Solazo 1106 192 Batts 1145 1 Los Angeles T2065 999 Sacramento 4331 82 Sonoma 1951 as Calaveras 145 152 Madera 810 170 San Beano Z71 383 Staxislaas 1715 458 Colasa 298 817 marta 1588 $39 San Bernardino 5567 61 Satter 572 237 Contra Costa 3978 47 Hariposa 77 292 San Franefseo A332 905 Tekama 401 289 Del Norte 78 414 Meadodno 579 530 San Joagafu U70 311 Trinity 93 389 El Dorado 568 458 Reread 1547 539 Sax Laic Obispo 1151 12 Tulare 2294 275 Fresno 4628 572 Modoo 184 951 Sax Mateo 4078 420 Taolamne 135 47 taenx 422 184 Mono 52 429 Santa Barbara 1979 860 Ventura 2062 38S Bamboldt 657 527 Monterey 2194 538 Santa Clara 5336 341 YOU 653 245 Imperial 1091 501 Napa S39 88 Santa Gras 1431 494 Yuba 334 488 Ixyo 147 508 Nevada 305 320 Skasta 684 528 Kea 3427 60 Orange 5899 811 San Diego Series 2 Book 1961,Page 188887 (which provisions, identical in all counties, are printed on attached herewith)hereby are adopted and incorporated herein and trade a part hereof as fully as though set forth herein at length; that he will observe and perform said provisions;and that the references to property,obligations and parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trust. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. STATE OF CALIFORNIA }SS. Si pature f Trustor COUNTY OF } Midpeninsula Re iona pen Space District, a public district On before me, personally appeared By personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose narrie(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notarial seal) FOR RECONVEYANCE SEND TO THE NEAREST OFFICE OF NORTH AMERICAN TITLE COMPANY REQUEST FOR FULL RECONVEYANCE To be used only when note has been paid. Dated TO NORTH AMERICAN TITLE COMPANY, Trustee: The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you herewith together with said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same. MAIL RECONVEYANCE TO: (By) (BY) Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. Page 2 of 2 Page 2' of DO W RECORD/FOR INFORMATION APOSES SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (INDIVIDUAL) The following is a copy of provisions(1)to(14), inclusive, of the fictitious deed of trust, recorded in each county in California, as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. To Protect the Security of This Deer! of Trust, Trustor Agrees: (1)To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly in good and workmanlike manner any building which may be constricted, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor,to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; Dot to commit or permit waste thereof not to commit, suffer or permit any act upon said property in violation of law;to cultivate,irrigate, fertilize,prune and do all other acts which from the character he use of said property may be reasonably necessary,the specific enumerations herein not excluding the general. (2)To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default hereunder or invalidate any act donne pursuant to such notice. (3)To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such actions or proceeding in which Beneficiary or Trustee may acid in any suit brought by Beneficiary to foreclose this Deed. appear, To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock;when due, all encumbrances,charges and liens with interest,on said property or any part thereof,which appear to be prior or superior hereto;all costs,fees and expenses of this Trust Should Trustor fail to make any payment or to do any act as herein provided, the Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgement of either appears to be prior to or superior hereto; and, in exercising any such powers,pay necessary expenses, employ counsel and pay his reasonable fees. (5)To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at amount allowed by law in effect at the date hereof,and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded, (6)That any award of damages in connection with any condemnation for public use or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him/her/them in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (7)That by accepting payment of any sum secured hereby after its due date, beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (8)That at any time or from time to time,without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said Note for endorsement,and without affecting the personal liability of any person for payment of the indebtedness secured hereby,Trustee may;reconvey any part of said property, consent to the making of any map or plat thereof,join in granting any easement thereon, or join in any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said Note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof The grantee in such reconveyance may be described as"the person or persons legally entitled thereto.'Five years after inuuce of such full reconveyance,Trustee may destroy this document(unless directed in such request to retain it). (10)That as additional security,Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the continuance of these Trusts,to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default Beneficiary may at any time without notice, either in person, by agent,or by a receiver to be appointed by a court, and without regard to adequacy of any security for the indebtedness hereby secured enter upon and take possession of said property or any part thereof, in his/her/their own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable allomey's fees, upon any indebtedness secured hereby,and in such order as Beneficiary may determine.The entering upon and taking possession of said property,the collection of such rents issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (11)That upon default by trustor in payment of any indebtedness secured hereby or in performame of any agreement hereunder,Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property,which notice Trustee shall cause to be filed for record.Beneficiary also shall deposit with Trustee this Deed,said Note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default,and notice of sate having been given as then required by law, Trustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice of sale,either as a whole or in separate parcels,and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States,payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold,but without any covenant or warranty, express or implied. The recitals in such deed of any matters of facts shall be conclusive proof of the truthfulness thereof Any person, including Trustor, Trustee,or Beneficiary as hereinafter defined, may purchase at such We. After deducting all costs, foes and expenses of Trustee and of this Trust,including cost of evident of title in connection with sale,Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not the repaid,with accrued interest at the amount allowed by law in effect at the date hereof all other sums then secured hereby;and the remainder,if any,to the person or persons legally entitled thereto. (12) Beneficiary, or any successor in ownership of any indebtedness secured hereby. may from time to time, by instrument in writing. substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged act recorded in the office of the recorder of the county or counties where said property is situated,shall be conclusive proof of proper substitution of such successor Trustee or Trustees, the shall,without conveyance from the Trustee predecessor,succeed to all its title,estate, rights,powers and duties.Said instrument most contain the name of the original o shall, Trustee and Beneficiary hereunder,the book and page where this Deed is recorded and the name and address of the new Trustee. (13)That this Deed applies to, inures to the benefit of,and binds all parties hereto,their heirs,legatees,devisees,administrators,executors,successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the Note secured hereby, whether or not named as Beneficiary heron In this Deed, whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the singular number includes the plural. (14)That trustee accepts this Trust when this Deed,duty executed and acknowledged,is made a public record as provided by law.Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or Trustee shall be a party unless brought by Trustee. i Page of F EXHIBIT A "Legal Description" Description: The land referred to herein is situated in the State of California, County of SANTA CLARA, UNINCORPORATED AREA, and is described as follows: PARCEL ONE: THE SOUTH Yz OF THE SOUTH Yz OF THE NORTHWEST Y4 OF SECTION 27 TOWNSHIP 9 SOUTH, RANGE 1 , EAST, MOUNT DIABLO BASE AND MERIDIAN. PARCEL TWO: AN APPURTENANT RIGHT OF WAY 50 FEET IN WIDTH, FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF UTILITY LINES OVER, ALONG, AND UNDER THE THEN EXISTING FIRE BREAK, LOCATED ON THE NORTH Y2 OF THE SOUTHWEST Y4 OF SECTION 27 IN TOWNSHIP 9, SOUTH RANGE 1, EAST MOUNT DIABLO BASE AND MERIDIAN SAID RIGHT OF WAY OVER SAID FIRE BREAK EXTENDS FROM THE SOUTHERLY LINE OF SAID SOUTH Yz OF THE NORTHWEST Y4 OF'SECTION 27 IN TOWNSHIP 9 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN TO THE EXISTING ROAD LOCATED ON SAID NORTH Yz OF THE SOUTH WEST Y4 OF SECTION 27 IN TOWNSHIP 9 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN AS SAID RIGHT OF WAY WAS GRANTED BY ANN HAVEL TO DONALD M. GEESEY, ET UX, BY DEED DATED AUGUST 6, 1967 AND RECORDED AUGUST 7, 1957 IN BOOK 3862, PAGE 265 OF OFFICIAL RECORDS. PARCEL THREE: AN EASEMENT FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF UTILITY LINES OVER, ALONG AND UNDER THE EXISTING FIRE BREAK LOCATED IN THE NORTH Yz OF THE NORTHEAST Y4 AND THE NORTH Ys OF THE NORTHWEST Y4 OF SECTION 27 AND ON LOTS 10 AND 15 OF SECTION 22, ALL IN TOWNSHIP 9 SOUTH, RANGE 1 EAST, M.D.B. & M. SAID EASEMENT OVER SAID FIRE BREAK EXTENDS FROM THE SOUTHERLY LINE OF THE NORTH Yz OF THE NORTHWEST i4 OF SAID SECTION 27 TO THE NORTHERLY LINE OF LOT 10 IN SAID SECTION 22. SAID EASEMENT SHALL BE 50.00 FEET IN WIDTH. ASSESSO.A'S PARCEL NO. 562-20-24 EXHIBIT_ � Pageof �- m Regional ' iice R-97-130 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-24 August 27, 1997 AGENDA ITEM _ 4 AGENDA M Proposed Gift of Lee et al. Property as an Addition to ng Ridge Open Space Preserve AT GRER A T.MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution accepting gift of the Lee et al. property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Long Ridge Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space. DESCRIPTION (,see attached man) The District has been offered a gift of property adjoining the Long Ridge Open Space Preserve. The 2.1-acre parcel is located near Skyline Boulevard and adjacent to the northwest boundary of the preserve. It is a significant addition to the preserve because it includes a portion of Peters Creek and a trail segment that currently provides access to the Devils Canyon area. The trail has been used by the public for many years prior to the District acquiring open space land in this area. The 2.1-acre gift property is part of a larger privately-owned parcel that is situated between Skyline Ridge and Long Ridge Open Space Preserves. The gift property is triangularly-shaped and bounded by Long Ridge Open Space Preserve to the east and south and the remaining private property to the northwest. Access to the property is by way of a narrow trail that intersects the Bay Area Ridge Trail near Portola Park Heights Road. Peters Creek bisects the gift property in a canyon that is densely vegetated with mature oaks, douglas fir, madrones and bay trees. The canyon bottom has gentle slopes but quickly gives way to steep sideslopes on both sides of the creek. Downstream and less than 100 feet from the property's southern boundary, large sandstone boulders crop out and extend in a southerly direction where they form a dramatic rocky ledge overlooking Devils Canyon, a popular rock climbing area which is managed by the District. Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos, CA 94022-1404 « Phone:415-691-1200 1972.1997 FAX:415-691-0485 * E-mail: mrosdGopenspace.org # Web site:www.openspace.org (3oarrl of Dire(tor� Pete s.Pt to Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz . General Manager.L.Craig Britton R-97-130 Page 2 USE AND MANA T N= PLAN Planning Considerations The property is located within the District boundaries and in an unincorporated area of San Mateo County. The property's composite open space value is rated moderately high in the District's Open Space Master Plan. The Ray Area Ridge Trail lies to the north of the property and a connecting trail descends along Peters Creek through the property, terminating at Devils Canyon. The trail along Peters Creek is not a designated trail. This trail will be evaluated for potential public use in conjunction with the review and adoption of the trails element of the Comprehensive Use and Management Plan for Long Ridge Open Space Preserve which is scheduled for review in 1998. PrelJ i�r inary Use and Management Plan Recommendations The preliminary use and management plan will take effect at the close of escrow and remain effective until a Comprehensive or Interim Use and Management Plan is complete. Future land use decisions, including plans for increased public access, will follow further environmental assessments to ensure land use decisions are consistent with ecological values. Public Access: Open to the public. Trail Use Designation: No trails or roads are designated within the property at this time. Dedication: Indicate your intention to dedicate this parcel as public open space. Name: Name the property as an addition to the Long Ridge Open Space Preserve. Signs: Install preserve boundary signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. C'F_QA COMPLIANCE eject Description The project consists of accepting a gift of a 2.1-acre parcel of land as an addition to the Long Ridge Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. An existing trail will remain open for hiking use only. Ultimately, the property will be included in a Comprehensive Use and Management Plan for the adjacent open space preserve. The land will be permanently preserved as open space and will be maintained in a natural condition. It will be open to the public for low-intensity recreation. R-97-130 Page 3 CEQA Determination The District concludes this project will not have a significant effect on the environment. It is P categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines. 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. The use and management plan specifies the property will be maintained in a natural condition and an existing trail will remain open for hiking purposes. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interests and will maintain the property as open space. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space. This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. Terms and Conditions The District has had ongoing conversations with Richard and Janet Lee and Armar Archbold regarding a possible exchange or gift of property since they acquired their 33.63 acre property in 1989. The owners' interest in donating this 2.1-acre area arises in part out of their liability concerns relating to the public use of the trail crossing their property along Peters Creek. When the District assumes ownership of this property, the District will also assume liability for the existing public trail use. This 2.1-acre gift will provide a wonderful addition to the Long Ridge Open Space Preserve protecting a portion of Peters Creek and the adjoining trail corridor in perpetuity. The District also thankfully received a gift of Land Surveyor, Rick Skierka's, time and expertise in reviewing and approving the legal description for this gift property. Public Notification Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Michael C. Williams, Real Property Representative Del Woods, Senior Planner Contact person: Michael C. Williams, Real Property Representative MIDPENINSULA REGIONAL OPEN SPACE DISTRICT .......... ....... SKYLINE ............ RIDGE PEN SRA69 ........................ ........ ...... .. ... ............ ............ ...... .......... .......... ........... ....... ............. ............. ...... . . . .................... —.... .......... ...... ...................... ..... ......... ... ............. ....... .................- ............ ......—.. ... ........... ....... ........ FU7 OA� ...... .... ......... W- ......... .. ........ ....... MOW V . ........... ................ .... 7, ..... ...... W .......... z ................ W .............. .... ..... .....W.S g� .......... .......... .... ... ......... 0.7 KN . ........... . .. ..... .......... ......... (L 1 • .......... PROPOSE 0.4 ....... Vmxxjx: .... ........... . ..... .... .................... ... ....... . 2.1 ACRE GIFT .......... .......... ...... "4" 0.4 ..... ............. .......... (LEE) .. ............... ............. ....................... .... ..... . ....... U.1 .......... ............................... 0.3 M' ............ ... .. 0.8 ....................... RI DGE ................................ OPEN SPACE N PRESERVE .1.g.... ... ........ 0A w gq tcl .. Lon .......R04) e ......... ---- ...... .5 X .... ..................... .......... .......... ................................ ........... • ............... 0� 72- 0.1 K.... . ............. ... W. .... O ............... V Wi 04 ......... . ....... SARATOGA GAP 0 ...... C7 0.2 0.5 . ........ ............. PEN SPACE *0 �wo . ............. . 'l:... ............ .................. ..... .......... ......... ............ .. ... ................ ......... . .....& Rfjf��ERVE 03 ...... ............. .............. 0.3 ............ L 0, 0.3 2 C- .. . . 200ci NX. J JLR08) N.,........ 0.2 oa6 Portola� 1.7 24- �%`-,r►' Sate Rark f\, J EXHIBIT 1: LOCATION MAP leelai RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF REAL PROPERTY AND AUTHORIZING EXECUTION OF CERTIFICATE OF ACCEPTANCE WITH RESPECT THERETO (LONG RIDGE OPEN SPACE PRESERVE - LANDS OF LEE 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, with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by Gift Deed from Richard and Janet Lee and Armar Archbold to the Midpeninsula,Regional Open Space District. Section Two. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance for said Gift Deed conveying title to the property being donated to the District. Section Tbree. The General Manager of the District shall cause to be given appropriate notice to the donors of the acceptance of this gift. The General Manager is further authorized to execute any and all other documents necessary to the closing of this transaction. Sec tion tion Four. The General Manager or District is authorized to expend up to $100 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Exhibit "A" A portion of that certain 33 . 633 +/- acre parcel designated as Parcel 4 shown on that certain map entitled "PARCEL MAP BEING A RESUBDIVISION OF PORTIONS OF SECTION 26 T. 7 S . , R. 3W. , M.D .M. BEING ALSO A RESUBDIVISION OF PARCEL 'A' VOLUME 10 OF PARCEL MAPS AT PAGE 22 SAN MATEO COUNTY AND SANTA CLARA COUNTY CALIFORNIA" filed in the Office of the County Recorder of San Mateo County on June 28 , 1971 in Volume 13 of Parcel Maps at Page 2 , said easement being more particularly described as follows : Beginning at the southeast corner of said Parcel 4 ; thence from said point of beginning along the southerly line of said parcel South 89A58 ' 25" West 433 . 00 feet; thence leaving said southerly line North 45"'41' 29" East 604 . 42 feet to a point on the easterly line of said Parcel 4 ; thence along said easterly line South O'0315711 East 422 . 00 feet to the point of beginning. 3/5/97 (rev. 2) midplee . des/dk67 LANs RICHARD G� SKIERKA G LS.4840 d gqLIC��E��XP. O �lgrFGF CAUF����a Regional Open #ce 1 R-97-133 Meeting 97-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 27, 1997 AGENDA ITEM 5A AGENDA ITEM Award of Contract for Landslide Repair Projects at Monte Bello, Long Rid g , and Purisima Creek Redwoods Open Space Preserves GENERAL MANAGER'S RECOMMENDATIONS (to be substituted for the recommendations contained in Report R-97-128 for Agenda Item 5) 1. Authorize the General Manager to enter into a contract with T.K.O. Construction in the amount of $23,100 for the Monte Bello Trail Restoration Project at Monte Bello Open Space Preserve. 2. Authorize the General Manager to enter into a contract with T.K.O. Construction in the amount of $18,000 for the School Road Improvements Project at Long Ridge Open Space Preserve. 3. Authorize the General Manager to enter into a contract with T.K.O. Construction in the amount of $37,800 for the Upper Purisima Road Repairs Project at Purisima Creek Redwoods Open Space Preserve. DISCUSSION Due to the expedited schedule for these projects, bids were opened on Tuesday, August 26, subsequent to the preparation of the staff report for your August 27 meeting. Bid results for the three projects are as follows: Monte Bello Trail Restoration TKO Construction $23,100 Redwood General and Mechanical 26,028 Geo. Bianchi Construction 46,611 (Engineer's estimate $22,000, revised downward from $28,000) School Road Improvements TKO Construction $18,000 Redwood General and Mechanical 22,033 Geo. Bianchi Construction 31,813 (Engineer's estimate $19,500) Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1997 • FAX:650-691-0485 • 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-97-133 Page 2 Purisima Creek Road Repairs TKO Construction $37,800 Geo. Bianchi Construction 45,631 Redwood General and Mechanical 50,028 (Engineer's estimate $41,500) TKO Construction was low bidder on all three projects. TKO's bids have been found to be in order and staff recommends that the three contracts be awarded accordingly. Based on these contract amounts, the overall cost for the five FEMA-funded landslide repair projects is estimated to be within the projection presented at your August 13 meeting (see report R-97- 120). Prepared by: Randy Anderson, Senior Planner Contact person: Same as Above Regional Open Jeace 1 R-97-128 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-24 August 27, 1997 AGENDA ITEM 5 AGENDA ITEM Award of Contract for Landslide Repair Projects at r me Bello, ng Ridge, and Purisima Open Space Preserves GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize the General Manager to enter into a contract with the lowest responsible bidder for the landslide repair project on Stevens Canyon Trail in Monte Bello Open Space Preserve. 2. Authorize the General Manager to enter into a contract with the lowest responsible bidder for the landslide repair project on School Road in Long Ridge Open Space Preserve. 3. Authorize the General Manager to enter into a contract with the lowest responsible bidder for the landslide repair project on Upper Purisima Creek Road in Purisima Open Space Preserve. (Due to the accelerated schedule for this project, this report was prepared prior to the bid opening for these projects on Tuesday, August 26. Staff will report on bid results and final staff recommendations at your August 27 meeting). DISCUSSION At your March 26, 1997 meeting you authorized the General Manager to contract for geotechnical engineering services for five landslide repair projects for which the District has received partial funding from the Federal Emergency Management Agency (FEMA). At that time you also determined that these projects are categorically exempt from the California Environmental Quality Act (CEQA) (see report R-97-45). At your May 28, 1997 meeting, you authorized staff to solicit bids for five landslide repair projects for which the District had received funding from the Federal Emergency Management Agency (FEMA) (see report R-97-82). At your July 23 meeting, you authorized the award of a construction contract for the first of these projects, repair of landslide damage to the driveway leading from Alpine Road to the former Bach property at Skyline Ridge Open Space Preserve, to George Bianchi Construction in the amount of $63,913 (see report R-97- 107). At your August 13 meeting you authorized the award of a construction contract on the Jones Trail Improvements at St. Joseph's Hill Open Space Preserve. The low bidder was also George Bianchi Construction, at $44,491. At that time you rejected all bids on the r�F° ,.. -.�-5.-..-s Celebrate 25 Years of Open Space Preservation 330 Distel Circle ® Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org ED 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-97-128 Page 2 Monte Bello Trail Restoration Project and authorized re-bidding, due to the fact that only one bid was received (see report R-97-122). You also authorized an increase in the contract for the geotechnical engineers, Terratech, to cover anticipated services through construction on all five projects, and reviewed a summary of all current and projected costs on the five projects (see report R-97-120). Contract award is anticipated for the remaining three landslide repair projects at the August 27 meeting. This includes the re-bid Monte Bello Trail Restoration Project, which has been redesigned to greatly reduce the amount of imported soil required, hopefully eliciting more competitive bidding. The second and third projects are Upper Purisima Road in Purisima Creek Redwoods Open Space Preserve, and School Road in Long Ridge Open Space Preserve. Both projects require permits from San Mateo County, which have been in process since June. Completing the projects is dependent on obtaining the permits in time to begin construction by early September. The Purisima Road project involves regrading, drainage improvements, and new retaining walls to repair a major trail and patrol road. The existing road is being undermined by a slope failure, including failure of a crude log retaining wall constructed as part of an old logging operation. The engineer's estimate of the construction cost for this project is $41,500. The School Road project involves failure of the outboard edge of a patrol road that provides the only access to the former Landre House, a District rental. In the future School Road may be an important regional trail and patrol connection to Portola State Park. The proposed repair involves shaving back the embankment on the uphill side and installing drainage improvements. The engineer's estimate of the construction cost for this project is $25,000. A notice requesting bids for the Purisima and School Road projects was published in the San Jose Mercury News on August 10, 1997. Bidder's conferences were held on-site on August 15, and the public bid opening will be held on August 26. Prepared by: Randy Anderson, Senior Planner Contact person: Same as Above Regional Open ice Al MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-131 Meeting 97-24 August 27, 1997 AGENDA ITEM 6 _ AGENDA ITEM Award of Contract for Construction of the Windy Hill Open Space Preserve Public Access Improvements GENERAL MANAGER'S RECOMMENDATIONS n 1. Allow Satterfield and Co., Ltd. of South San Francisco to withdraw their bid on the Windy Hill Public Access Improvement Project on the grounds of a mistake in the bid, and release their bid bond of 10% of the amount bid. 2. Accept the base bid of $217,478.00 and the bid alternate of $33,400.00 for a total of $250,878.00 from Jens Hansen of San Carlos to complete this project. 3. Authorize the General Manager to enter into a contract for performance of the work. Background: At your May 28, 1997 meeting, you authorized staff to solicit bids for construction of a 50-car parking area and other associated improvements adjacent to Portola Road on the Windy Hill Open Space Preserve. A notice to bidders was advertised in the San Jose Mercury News on August 1, 1997, copies of the plans and specifications were given to three local builder's exchanges, and a notice to bidders was sent to over 100 potentially interested contractors. A pre-bid meeting was held on-site on August 12, 1997. Eight contractors or subcontractors attended. Sealed bids were due on Wednesday, August 20. Staff also solicited a bid price for surfacing the parking area with a resin modified emulsion paving. Staff has experimented with the material on the Alpine Pond Trail at Skyline Ridge Open Space Preserve and has been pleased with the results. The material is derived from pine tar and creates a durable asphalt-like surface without the look of asphalt. Only two bids were received. Upon review of the two bids, there appeared to be a possible mistake in the amount for the bid alternate from one of the bidders. Upon seeking clarification, Satterfield and Co. admitted to making a mistake in preparing their bid and requested their bid be withdrawn and that you authorize release of their 10% bid bond. 4{y � Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org ED 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-97-131 Page 2 Staff recommends award of the contract to Jens Hansen of San Carlos for a total amount of $250,878. The engineer's estimate for the base bid was $239,300. This compares favorably with the base bid of Jens Hansen of $217,478. There was no engineer's estimate for the bid alternate. $350,000 was included in the 1997/1998 fiscal year budget for this project. The budget was prepared for this project at the time that the Town of Portola Valley was considering major improvements to Portola Road as part of this project. A complete bid breakdown is attached. Prepared by: Mary de Beauvieres, Open Space Planner Contact: Same as above Windy Hill Open Space Preserve Public Access Improvements LWCF Grant#06-01366 Description Engineer's Estimate Satterfield & Co. Jens Hansen Project Start Up 16,400.00 25,922.00 11,187.00 Demolition 22,950.00 22,660.00 30,058.00 Grading & Drainage 23,080.00 64,600.00 76,727.00 Site Construction 151,150.00 94,230.00 73,711.00 Landscaping 25,720.00 16,849.00 25,795.00 BASE BID 239,300.00 224,261.00 217,478.00 Bid Alternative#1 8,817.00 33,400.00 TOTAL BID 233,078.00 250,878.00 Regional Open soce . o R-97-134 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-24 August 27, 1997 AGENDA ITEM 7A AGENDA ITEM Award of Contract for Road Resurfacing Project at Rancho San Antonio Open Space Preserve GENERAL MANAGER'S RECOMMENDATION (to be substituted for the recommendation contained in Report R-97-123 for Agenda Item 7) Authorize the General Manager to enter into contract for the road resurfacing project at Rancho San Antonio Open Space Preserve with Re-New Sealers, Inc. as the lowest responsive bidder, in the amount of$46,740, which includes Add Alternate B, and Add Alternate D. DISCUSSION At your July 9, 1997 meeting, you authorized staff to solicit bids to resurface specific roads at Rancho San Antonio Open Space Preserve (see report R-97-101). Due to the expedited schedule for this project, bids were opened on Monday, August 25, subsequent to the preparation of the staff report for your August 27 meeting. The main project consists of surfacing the front section of road from the County Park to the permit lot with asphalt paving, and the next section of road from the permit lot to the Deer Hollow Farm bridge with an oil and screen surface. The additional work items shown below were bid as add alternates in order to allow the District to consider actual cost in the decision process as to whether to include them. Alternate A - Oil and screen surface on top of asphalt for front section of road Alternate B - Asphalt paving on driveway to field office Alternate C - Oil and screen surface on top of asphalt on field office driveway Alternate D - Oil and screen surfacing around the back of field office The recommended contract award includes Alternates B and D. Staff initially suggested that the front section of the road be surfaced with oil and screen on top of the asphalt paving to maintain the rural character of the preserve entrance (Alternate A). After further investigation, staff feels that the oil and screen surfacing is not warranted. Once the asphalt paving weathers and bleaches, there will not be a significant difference in appearance between the paved section and the oil and screen overlay. In addition, in order to place oil and screen on top of asphalt paving, the contractor must return 30 days after the initial paving which would disrupt visitor traffic a second time to complete the project. Therefore, staff does not recommend adding an oil and screen surface on top of the asphalt for the front section of road. The oil and screen surface on top of the paved driveway to the field office Celebrate 25 Years of Open Space Preservation 330 Distel Circle * Los Altos, CA 94022-1404 e Phone:650-691-1200 1972-1997 FAX:650-691-0485 a E-mail:mrosd@openspace.org s 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-97-134 Page 2 (Alternate C) will also weather and bleach, and as such staff does not feel it is warranted. The total cost savings resulting from eliminating the oil and screen surface on top of the asphalt paving would be between $8,000 and $11,000. (See attached bid result spreadsheet.) Staff does recommend paving the field office driveway and surfacing the area around the field office (Alternates B and D) at this time to take advantage of cost savings associated with combining it with the main project. Based upon the base bid and Alternates B and D, Re-New Sealers had the lowest bid. Re- New Sealers' bid has been found to be in order, and staff recommends that the contract be awarded to Re-New Sealers. The approved budget for this project is $35,000. By utilizing approximately $12,000 from this year's road maintenance budget, $47,000 is available in the budget to cover the cost of this contract. Prepared by: Julie McCullough, Open Space Planner Contact person: Same as Above ROAD RESURFACING PROJECT RANCHO SAN ANTONIO OPEN SPACE PRESERVE BLIND BID OPENING August 25, 1997 2:00 pm Contractor Base Bid Alternate A Alternate B Alternate C Alternate D Total Base + B +D .. Re-New Sealers $ 32,830 $ 7,690 $ 10,120 $ 3,790 $ 3,790 $ 58,220 $ 46,740 Granite Construction $ 38,314.90 $ 6,069 $ 7,792.20 $ 1,998 $ 2,863.80 $ 57,037.90 $ 48,970.90 Pavex Construction $ 43,949 $ 6,069 $ 6,660 $ 1,998 $ 3,330 $62,006 $ 53,939 Regional Open ; ice 2 1 R-97-123 Meeting 97-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 27, 1997 AGENDA ITEM 7 AGENDA ITEM Award of Contract for Road Resurfacing Project at Rancho San Antonio Open Space Preserve GENERAL MANAGER'S RECOMMENDATION �-- 1. Authorize the General Manager to enter into contract with the lowest responsible bidder for the road resurfacing project at Rancho San Antonio Open Space Preserve. DISCUSSION At your July 9, 1997, meeting, you authorized staff to solicit bids to resurface specific roads at Rancho San Antonio Open Space Preserve (see report R-97-101). A notice requesting bids for the project was published in the San Jose Mercury News on August 3, 1997. A pre-bid conference was held on site on August 18. Deer Hollow Farm relies on access along the entry road to transport students to their programs during the school year. In order to implement the project prior to the school field trip schedule, the project has been expedited in order for construction to be complete by September 19. As a result of an expedited schedule, the public bid opening, which will be held on August 25, will occur after the preparation of this report. Therefore, based upon the bids, staff will analyze the additional costs proposed for the alternate resurfacing projects (paving the driveway to the field office, surfacing an area around the field office, and providing oil and screen surface over the asphalt from the bridge to the permit parking lot ) and make a recommendation to the Board regarding the total scope of the project in a supplemental written report, which will be available at the time of your meeting. PUBLIC NOTIFICATION Board consideration of this item has been posted on site at Rancho San Antonio Open Space Preserve. Prepared by: Julie McCullough, Open Space Planner Contact person: Same as above T44 w" f,14 U/jd Ste! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 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 . ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-127 Meeting 97-24 August 27, 1997 AGENDA ITEM _ 8 AGENDA ITEM Authorization to Solicit Bids for Printing and Mailing of imately 300,000 Special 25th Anniversary District Newsletters GENERAL MANAGER'S RECOMMENDATION Authorize staff to solicit bids for the printing and mailing of approximately 300,000 special 25th Anniversary District newsletters. DISCUSSION At its meeting of February 19, 1997 the Legislative, Finance, and Public Affairs Committee approved the concept of printing and mailing a visitors map to each of the approximately 300,000 District households, as part of the District's 25th Anniversary publicity efforts. Subsequent to that meeting, staff determined that it would be more advantageous and cost- effective to create and distribute a mailer focusing exclusively on the 25th Anniversary, such as a special newsletter. This determination was brought to the Board's attention as an information report at a subsequent Board meeting. Staff estimates that the printing of 300,000 special four-page newsletters will cost approximately $45,000, and that the mailing of these newsletters will cost approximately $40,000. The printing and special distribution categories in the public,affairs' 1997-1998 budget contain sufficient funds for this project. Upon Board authorization, staff will advertise and distribute a Request for Proposals, with a deadline of September 12 for receipt of proposals. Staff determination of the lowest responsive bidder is expected to take place on Monday, September 15, and award of contract will be placed on the Board agenda for the Regular Meeting of September 24. Prepared by: M. Smith, Public Affairs Manager Contact person: L. Craig Britton, General Manager Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • 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 R-97-125 Meeting 97-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 27, 1997 AGENDA ITEM 9 AGENDA ITEM Permit to Enter Former Southern Pacific Railroad Rig -of-Way for Soil Testing, Ravenswood Open Space Preserve \ GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute the attached Permit to Enter allowing Rhone- Poulenc, Inc. access to the property for the purpose of testing the soil for toxic contamination. DISCUSSION Rhone-Poulenc is a chemical manufacturing company that through a chain of ownership became responsible for cleaning up toxic contamination in East Palo Alto near the District's Ravenswood Open Space Preserve. Although Rhone-Poulenc did not cause any of the contamination in question, they purchased a company that owned land that had earlier been contaminated by others. Rhone-Poulenc is being held accountable by the Regional Water Quality Control Board and the U.S. Environmental Protection Agency (EPA) for this work. Rhone-Poulenc was previously granted a permit to enter District land to install a storm drain in the Ravenswood Preserve per a request from the Water Quality Control Board and the City of East Palo Alto (see report R-95-110). In 1996 a permit to enter was also issued to EPA to conduct soil testing in the Preserve (see report R-96-59). Rhone-Poulenc has also conceptually proposed to undertake a wetland restoration project for the former salt pond at the Ravenswood Preserve as mitigation for some of the toxic contamination (see report R-94-86 ). This plan is still under study by Rhone-Poulenc's consultants and may yet come before the Board as a formal proposal. In this case, Rhone-Poulenc has requested formal permission to test for arsenic contamination in the soil along an easement, a former Southern Pacific Railroad right-of-way (the Ravenswood Drill), now owned by the District, as illustrated in Exhibit I to the attached Permit to Enter. The testing would consist of several hand-augered holes to a maximum depth of three feet. The holes would be filled with cement grout the same day. Rhone- Poulenc would provide the District with a copy of the results, and would indemnify the District through the Permit to Enter against any responsibility for any possible toxic contamination found. Prepared by: Randy Anderson, Senior Planner Contact person: Same as above T,,L,4kU �, UStid�1 Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • 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 PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a California Public District (hereinafter "District"), and Rhone-Poulenc, Inc., a New York Corporation, its officers, directors, shareholders, agents, employees, contractors, predecessors, successors, assigns, purchasers, and subsidiaries (hereinafter "RP"). The parties hereby agree as follows: 1.0 PROPERTY District grants RP a Permit to Enter its easement over the former Southern Pacific Railroad right-of-way between Purdue Avenue and the Dumbarton Branch Railroad in East Palo Alto, as illustrated in Exhibit I, attached hereto and incorporated by this reference (hereinafter "Property") for the purpose and subject to the conditions set forth below. 2.0 PURPOSE This Permit to Enter is for the sole purpose of conducting soil sampling for potential soil contamination. 3.0 PERNM CONDITIONS The sampling shall be subject to the following permit conditions: a. RP's consultants shall collect hand-augered soil samples to a maximum depth of 3 feet at several points along the right-of-way. Soil borings will be filled with cement grout on the same day that the boring occurs. b. RP shall notify owners of the underlying fee on the Property and will provide District with a copy of such notice. C. Right of entry is limited to RP and its officers, directors, employees, consultants, or contractors. d. RP may bring onto the Property only such persons, vehicles, and equipment as are reasonably necessary for the installation, maintenance or monitoring of the Project. e. RP shall limit its activities on the Property to the operational area depicted on Exhibit I and may not conduct activities outside this area without the additional Page 2 written approval of the District. f. RP will leave the surrounding site in a condition equal to or better than that which was originally found. g. RP agrees to directly make available to District all soil sampling and analysis reports affecting the Property, which may from time to time be required by the Regional Water Control Board or other government agency or which may be conducted by RP in its discretion. 4.0 TERM This Permit shall issue and shall continue in effect unless and until terminated by mutual consent of the parties. Access to the Property for the purposes of soil sampling shall commence on September 1, 1997 and end October 1, 1997, provided however, that the period for access may be extended for up to thirty (30) additional days upon written permission of the District. 5.0 NOTICE Any notice or notices required or permitted to be given pursuant to this permit to enter may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: L. Craig Britton, General Manager (650) 691-1200 (650) 691-0485 (FAX) RP: Rhone-Poulenc, Inc. Attention: Robert L. Ferguson Manager, HS&EA P. O. Box 12014 Research Triangle Park, NC 27709 (919) 549-2571 (919) 549-2300 (FAX) 6.0 DAMAGE AND LIABIIJTY RP agrees that the use of equipment and tools on the Property shall be done with all reasonable care, diligence, and precautions to avoid damage to the land, property, or Page 3 personnel of the District or to the public. RP agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of the RP under this Permit, both on and off the Project. RP hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to property, and releases the District from liability to the extent such claims and liability were not caused by the negligence of the District and provided such claims are related to RP's activities under this Permit or RP's use of the project site, premises, or facilities under this Permit. RP and its contractors and subcontractors shall have sole responsibility for the safeguarding of their equipment, property, and personnel (i.e., employees, agents, officers) from any and all injury, death, or damage as a result of this Project. RP shall be responsible for any and all personal injury and property damage on the Property caused by its acts or omissions as a result of the construction work, and shall indemnify District against any and all claims, liabilities, or losses, including attorneys fees, on account thereof. 7. HAZARDOUS SUBSTANCES INDEMNIFICATION RP 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, due to the existence of any hazardous substance of any kind on or in the Property, when the existence of such hazardous substance arises out of, is attributable to or is caused by any activities, acts or omissions by RP, either off-site or on-site, or arises out of, is attributable to, is caused by or emanates from any real or personal property owned by RP. RP shall be responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand due to potential or actual hazardous substance contamination on the Property, including any and all costs of remediation and cleanup, when the existence of such hazardous substance contamination arises out of, is attributable to, or is caused by any activities, acts, or omissions of RP, either on-site or off- site, or arises out of, is attributable to, is caused by or emanates from any real or personal property owned by RP. District shall provide prompt written notice to RP of its receipt of any such claims or orders. Page 4 As used herein, "hazardous substance" means any substance the placement, storage or removal of which is prohibited or regulated by federal, state, or local law, on account of its toxicity, flammability, or corrosiveness, including, without limitation, PCB's, benzene, asbestos, arsenic, lead, cadmium, selenium, and mercury. S. INSURANCE Throughout the term of this agreement, RP, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage. Limits shall be not less than $1,000,000 per occurrence. This permit is not valid without RP's insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name the District as an additional insured. Throughout the term of this agreement, RP, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. The above Permit to Enter has been read and understood and is hereby agreed to and accepted. RHONE-POULENC, INC. By Date Rhone-Poulenc, Inc. M]]DpENINSULA REGIONAL OPEN SPACE DISTRICT By: Date: L. 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ORT I ON ! <:v-;. : . :. . _. v .0 .... ;� i ::..::: ... .:::.. .. ::; :. ::.i;.: .: V TI A O N DECK >:.;'.>; .;::.:::::::;;':`:`::::>.:.>.;::,: ::::.:. :....: >i ::::..... .F1..:..::..: /_ ::. ...: :.... .li . -�o.'i,.. ...:�.: ::: ::: .:}. } .F. 1. ;. — iii.::;::c i�~�F'>arYu`.+v:.'....::.. / I en to k ,:r ';,, : :,{;,:, :.. ,. .°: `.": '•'":::.::;>.,.::i%:::: tr >'ry"{; �',\C<.'.•.lf..,r,:•:.:':r;.:;:i:� {Y'�iy`}<-::::.;t.i•ti.\r. i,.,,:.. -..:::.:: .. .; ..'a.. ;o-::: ':; :):' �i:frT!l ayy,<,k. `-„ . ;"/.:Y ;,}3-:' i.'iL.;<;ifs'. •t ..,'l,.•:r{ �r /...—iT"tij' `''.ti'i<<�!j� J-v-iiJi:vi-. >':: ;. :?'9„:�:;. w 1 .2 ! \,\ •T ate.'.\,4 :.. ::: l: .: / ;_.Y;€<,.;.."• .i ; \ �. J�} %"f., fi:'- `' '> >:cif> %t'!` ia, 1.RAVENSWOOD DRILL ;'' fl, r�,1<1r<, (FORMER RAILROAD a \ \ r oq_ RIGHT OF \NAY) a �� ,,�• :. < io-i ,,//` .,\: .:.:,-:-:l:': '... [: ... .:.: is <- K'a :..' ,a<"th; -:: :.�.t#::.:it ,... ..,.:;�,3.F; ew; _ ^hh. t t. : r• t,.:;.,: {:':fit:: i:;?;::,5 •..;w;' fi::; ... ':Y: i- ram` !.>:. - :>::Y>:' ::>:.: a :.^':: >: x �,� PEDESTRIAN . ::... .... •-,. i..,.;..::;F: - ,� vv h. '> F BRIDGEI ll�'ft # r` °` ,,;:::... ... F1. r1. F,� 1. r r ...7 ! ; ..::n'::i' :: .n;' 'v;L -:.} :: :. :;_.. ' EAST PALO ALTO ;:i:-i. }.. ::;;: n _ T ;,, POR ION NOT E: }:> :r::>:`':.:: e:. to: ` r .::..:.;: :. :. :::.:.. ::: .:. -- TANCE �. iii;.::»::: TRAIL DIS :h v <:::>.:.: > .:;«;::::,w..-:::.. ; :EXISTING TRAIL A L E >::>:: t r « ; N ,.. ..:::.i;;: :::: N. •'.. f w.:;.; -..:. ;.: :::: . ': :: : .t. ::.::..: :......::: ..... i .-w.y::;:j;i:::?::;':......:......r-.v :: ::::. ::::.v::::{{...... :.,is it i:::i l 5a d "'""""' PALO ALTO BAYLANDS ::.::..}:.>:.: :..::.... >< s F =f .'. .:.::.::::.. f .:. i::: ::::::... .. Y-. . :..;.. ::. .. . .-......;.. }::.::::. :.. . r. ::. ::::.: ..� #ia..::is " ..:...:. ..i' a,::' . ' .. RAVENSWOOD OPEN SPACE PRESERVE 1990 BAY ROAD PROPERTY SCALE IN FEET BAINS� E PROPERTY o P J�OpS p`1E�J v � ra 60'EASEMI w w w r- rn Y W W 3 AREA COVERED BY PERMIT TO ENTER DEMETER STREET T �i 20'EASEMENT (TYPICAL) CLARKE AVENUE O ILLINOIS STREETLull � a c m � w z �A Q Q W U 0 It _ 9Aa z EXPLANATION V� �� CITY OF EAST PALO ALTO EASEMENT e 8 N DUMBARTON BRANCH o RAILROAD RIGHT OF WAY MIDPENINSULA REGIONAL OPEN SPACE DISTRICT EASEMENT FORMER RAILROAD TRACK AREA 1990 Bay Road Site East Palo A@o,Calitomia /'fQ! Project No. Figure Y GEOMATRIX 1220T Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-126 Meeting 97-24 August 27, 1997 AGENDA ITEM 10 AGENDA ITEM Cancellation of September 10, 1997 Regular Meeting GENERAL MANAGER'S RECOMMENDATION Cancel your September 10, 1997 Regular Meeting. DISCUSSION I recommend that you cancel the September 10, 1997 Regular Meeting. During the months of August, September, and October, a total of seven Special Meetings of the Board have been scheduled, in addition to six regularly-scheduled Board meetings. Due to this exceptionally high number of meetings and the related staff resources necessary for preparation, it would be appropriate to cancel the September 10 meeting. This will allow staff, and the Board, to better focus on the other upcoming meetings. The few agenda items that might have been presented at the September 10 meeting will be placed on the September 24 agenda. Moving these items will not cause any delay or hardship as a result. Prepared by: M. Smith, Acting District Clerk Contact person: L. Craig Britton, General Manager Celebrate 25 Years of Open Space Preservation 33Q Dislel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • 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 l Claims No. 97-16 Meeting 97-24 Date: Aug. 27, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2719 299.86 Acme & Sons Sanitation Sanitation Services 2720 140.73 Allen Equipment Company, Inc. Field Equipment Rental 2721 225.92 All Laser Service Laser Printer Service 2722 32.89 AT & T Telephone Service 2723 375.00 Berry's Pest Control, Inc. Enterprise Rental Maintenance 2724 300.00 Boley Consulting Engineers Seismic Upgrade--Rancho Shop Building 2725 389.12 California Department of General Services State Procurement Vehicle Fees 2726 132.00 *1 California Department of Fish and Game Permit--Culverts--Rancho San Antonio 2727 377.16 California Water Service Company Water Service 2728 110.00 Camino Medical Group Medical Services 2729 199.18 Carter Industries Inc. Vehicle Storage Box 2730 64.61 Clark's Auto Parts and Machine Shop, Inc. Vehicle Parts 2731 59.54 Coastside Proflame Propane Tank Rental 2732 184.43 Emergency Vehicle Systems Vehicle Lightbar Maintenance 2733 285.61 Film To Frame Photography Processing 2734 1,099.20 *2 First American Guaranty Company Title and Escrow Fees 2735 5.15 Forestry Suppliers, Inc. Insect Spray 2736 51.92 Foster Brothers Security Systems, Inc. Key Duplication 2737 56.07 G & K Services Shop Towel Services 2738 429.00 GreenWaste Recovery, Inc. Dumpster Service 2739 162.54 Home Depot Field Supplies 2740 375.45 Interstate Traffic Control Products Signs 2741 1,009.97 Jeda Publications Monte Bello Map Printing 2742 155.88 Keeble & Shuchat Photography Prints 2743 210.00 *3 Bruce Kerr Recognition Event Entertainer--Deposit 2744 307.44 Lab Safety Supply Inc. Recycling Containers 2745 655.75 Lanier Worldwide, Inc. Copier Lease Agreement 2746 85.00 Littler Mendelson Seminar--D. Dolan 2747 747.09 *4 Town of Los Gatos Permits--Grading and Wall Permit 2748 468.13 Los Altos Garbage Company Dumpster Service 2749 751.68 Lucent Technologies Telephone Service 2750 69.36 Madco Welding Supply Company, Inc. Oxygen and Acetylene Refills 2751 250.74 Julie McCullough Vehicle Expense 2752 128.66 MetroMobileCommunications Radio Repair 2753 17.45 Minton's Lumber & Supply Lumber 2754 50.44 Moffett Supply Company Restroom Supplies 2755 75.00 Monogram Sanitation Shipping Charge--Sanitation Supplies 2756 3,500.00 *5 Navarone Industries, Inc. Postage 2757 19.50 Netcorn Monthly Internet Service 2758 240.00 *6 Chris Newcomb Photography Framing Service--Deposit 2759 279.60 Chris Newcomb Photography Framing Service 2760 200.00 New Horizons Training Session--Doug Vu 2761 25,000.00 North American Title Company Urrere Acquisition 2762 205.17 Office Depot Office Supplies 2763 860.07 Orchard Supply Hardware Field Supplies 2764 989.05 Pacific Bell Telephone Service 2765 574.31 PIP Printing Brochure and Card Printing 2766 738.21 Pitney Bowes Credit Corporation Mailing Machine Equipment Lease Page 1 Claims No. 97-16 Meeting 97-24 Date: Aug. 27, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2767 25,516.67 Platypus Nature Center Exhibits 2768 34.13 Rayne Water Conditioning Water Service 2769 236.08 Rich's Tire Service Tires 2770 2,200.61 Roy's Repair Service Vehicle Repair and Maintenance 2771 109.33 Safety-Kleen Corp. Solvent Tank Service 2772 393.75 *7 San Mateo County Permit--Russian Ridge Restroom Retrofit 2773 42.22 San Mateo County Times Subscription 2774 3,067.00 Santa Clara County Building Inspector Permit--Seismic Upgrade--RSA Shop 2775 5,880.00 E.R Sheehan Trail Construction--El Corte De Madera 2776 267.34 Shell Oil Company Fuel 2777 40.98 John Shelton, Inc. Field Equipment 2778 2,683.78 Silverado Avionics, Inc. Programming Radios and Accessories 2779 252.32 Malcolm Smith Vehicle Expense 2780 343.00 *8 Space Designs Office Filing Cabinets--Deposit 2781 137.28 Stevens Creek Quarry, Inc. Gabian Rock 2782 42.22 Summit Uniforms Uniform Expense 2783 115.36 Taylor Rental Equipment Rental 2784 1,165.39 Teater & Etc. Graphic Sign Services 2785 8,299.01 TERRATECH, INC. FEMA Landslide Geotechnical Services 2786 867.52 VISA Business Meeting Expense, Conference Airfare and Uniform Expense 2787 440.00 Sumudu Welaratna Intern--Oak Restoration Project 2788 47.30 Wheelsmith Patrol Bicycle Maintanence 2789R 184.28 Randy Anderson Vehicle Expense 2790R 2,753.00 Bank of New York Western Trust Company Note Paying Agent Fee 2791 R 188.30 Palo Alto Weekly Advertisement--Volunteer Program 2792R 3,000.00 Postage By Phone Postage 2793R 55.95 Vista, Inc. Training Video 2794R 73.07 Lisa Zadek Reimbursement--Office Supplies 2795R 383.54 Petty Cash Local Business Meetings, Film Developing Field Maintenance/Repair, Computer Supplies and Vehicle Expense *1 Urgent Check Issued August 21, 1997. *2 Urgent Check Issued August 14, 1997. *3 Urgent Check Issued August 18, 1997. *4 Urgent Check Issued August 21, 1997. *5 Urgent Check Issued August 19, 1997. *6 Urgent Check Issued August 19, 1997. *7 Urgent Check Issued August 14, 1997. *8 Urgent Check Issued August 20, 1997. TOTAL 101,763.31 Page 2 Claims No. 97-16 Meeting 97-24 Date:Aug. 27, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2719 299.86 Acme & Sons Sanitation Sanitation Services 2720 140.73 Allen Equipment Company, Inc. Field Equipment Rental 2721 225.92 All Laser Service Laser Printer Service 2722 32.89 AT & T Telephone Service 2723 375.00 Berry's Pest Control, Inc. Enterprise Rental Maintenance 2724 300.00 Boley Consulting Engineers Seismic Upgrade--Rancho Shop Building 2725 389.12 California Department of General Services State Procurement Vehicle Fees 2726 132.00 *1 California Department of Fish and Game Permit--Culverts--Rancho San Antonio 2727 377.16 California Water Service Company Water Service 2728 110.00 Camino Medical Group Medical Services 2729 199.18 Carter Industries Inc. Vehicle Storage Box 2730 64.61 Clark's Auto Parts and Machine Shop, Inc. Vehicle Parts 2731 59.54 Coastside Proflame Propane Tank Rental 2732 184.43 Emergency Vehicle Systems Vehicle Lightbar Maintenance 2733 285.61 Film To Frame Photography Processing 2734 1,099.20 *2 First American Guaranty Company Title and Escrow Fees 2735 5.15 Forestry Suppliers, Inc. Insect Spray 2736 51.92 Foster Brothers Security Systems, Inc. Key Duplication 2737 56.07 G & K Services Shop Towel Services 2738 429.00 GreenWaste Recovery, Inc. Dumpster Service 2739 162.54 Home Depot Field Supplies 2740 375.45 Interstate Traffic Control Products Signs 2741 1,009.97 Jeda Publications Monte Bello Map Printing 2742 155.88 Keeble & Shuchat Photography Prints 2743 210.00 *3 Bruce Kerr Recognition Event Entertainer--Deposit 2744 307.44 Lab Safety Supply Inc. Recycling Containers 2745 655.75 Lanier Worldwide, Inc. Copier Lease Agreement 2746 85.00 Littler Mendelson Seminar--D. Dolan 2747 747.09 *4 Town of Los Gatos Permits--Grading and Wall Permit 2748 468.38 Los Altos Garbage Company Dumpster Service 2749 748.53 Lucent Technologies Telephone Service 2750 69.36 Madco Welding Supply Company, Inc. Oxygen and Acetylene Refills 2751 250.74 Julie McCullough Vehicle Expense 2752 128.66 MetroMobileCommunications Radio Repair 2753 17.45 Minton's Lumber & Supply Lumber 2754 50.44 Moffett Supply Company Restroom Supplies 2755 75.00 Monogram Sanitation Shipping Charge--Sanitation Supplies 2756 3,500.00 *5 Navarone Industries, Inc. Postage 2757 19.50 Netcom Monthly Internet Service 2758 240.00 *6 Chris Newcomb Photography Framing Service--Deposit 2759 279.60 Chris Newcomb Photography Framing Service 2760 200.00 New Horizons Training Session--Doug Vu 2761 25,000.00 North American Title Company Urrere Acquisition 2762 205.17 Office Depot Office Supplies 2763 860.07 Orchard Supply Hardware Field Supplies 2764 989.05 Pacific Bell Telephone Service 2765 574.31 PIP Printing Brochure and Card Printing 2766 738.21 Pitney Bowes Credit Corporation Mailing Machine Equipment Lease Page 1 Claims No. 97-16 Meeting 97-24 Date:Aug. 27, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2767 25,516.67 Platypus Nature Center Exhibits 2768 34.13 Rayne Water Conditioning Water Service 2769 236.08 Rich's Tire Service Tires 2770 2,200.61 Roy's Repair Service Vehicle Repair and Maintenance 2771 109.33 Safety-Kleen Corp. Solvent Tank Service 2772 393.75 *7 San Mateo County Permit--Russian Ridge Restroom Retrofit 2773 42.22 San Mateo County Times Subscription 2774 3,067.00 Santa Clara County Building Inspector Permit--Seismic Upgrade--RSA Shop 2775 5,880.00 E.R Sheehan Trail Construction--El Corte De Madera 2776 267.34 Shell Oil Company Fuel 2777 40.98 John Shelton, Inc. Field Equipment 2778 2,683.78 Silverado Avionics, Inc. Programming Radios and Accessories 2779 252.32 Malcolm Smith Vehicle Expense 2780 343.00 *8 Space Designs Office Filing Cabinets--Deposit 2781 137.28 Stevens Creek Quarry, Inc. Gabian Rock 2782 42.22 Summit Uniforms Uniform Expense 2783 115.36 Taylor Rental Equipment Rental 2784 1,165.39 Teater & Etc. Graphic Sign Services 2785 8,299.01 TERRATECH, INC. FEMA Landslide Geotechnical Services 2786 867.52 VISA Business Meeting Expense, Conference Airfare and Uniform Expense 2787 440.00 Sumudu Welaratna Intern--Oak Restoration Project 2788 47.30 Wheelsmith Patrol Bicycle Maintanence *1 Urgent Check Issued August 21, 1997. *2 Urgent Check Issued August 14, 1997. *3 Urgent Check Issued August 18, 1997. *4 Urgent Check Issued August 21, 1997. *5 Urgent Check Issued August 19, 1997. *6 Urgent Check Issued August 19, 1997. *7 Urgent Check Issued August 14, 1997. *8 Urgent Check Issued August 20, 1997. TOTAL 95,122.27 Page 2 Regional Open ace s 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manage DATE: August 22, 1997 SUBJECT: FYI 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 Peter P. Donohue (415) 367-9327 1947 Woodside Road#3, Redwood City, CA 94061-3360 U.S.A. Email: donohue@ix.netcom.com July 28, 1997 Kenneth Nitz Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Mr.Nitz: As a voter and tax payer within your Ward, I am disappointed by the trail work being done as part of "routine maintenance"at El Corte de Madera Creek Open Space Preserve. This trail work is not environmentally sound, poses a safety hazard, and is likely to lead to increased user conflict. Because it was so recently done, I will use the south/east side of the Virginia Mill Trail as an example. Similar work was also done to Donners Pass,Gary's Shortcut, and many other trails within the preserve. The trail work basically involved taking a trail machine down and smoothing down and widening the trail. To someone not familiar with the preserve and the particular work done there, this may sound like a good thing to do. Trail maintenance has to be good, doesn't it? But in actuality, it isn't. Let's start with the environmental issues. Trail work is generally done to prevent or repair erosion damage. Erosion is going to happen once you make a trail. The amount of erosion can be affected by the trail design and erosion control measures. These trails were not designed with this in mind, so definitely have problem areas. But with some water control measures,these problems can be mitigated and the current trails will work. The trail work recently done involved taking a trail machine out and smoothing the trail. No water control measures were involved. So, effectively, we've taken a hard pack trail base which had some ruts and plowed it smooth. The top is now loose and will wash off in the first rain, reforming the ruts and returning the trail back to it's old state (minus a significant layer of soil that was loosened during the blading). Even if water control measures such as water bars are added now,we will still lose this loose top layer. The old trail was packed down due to use, so had a certain resistance to erosion. If water control measures(such as water bars)were added to the trail as it was, it would have had much less erosion. This trail is also now less safe. Slower bikes are safer bikes. A perfect example is shown in mountain bike racing. Cross country racers wear helmets as their only safety device. Downhill racers wear full body armor because of the added danger of the speeds they attain. Because this trail is wider and smoother, bikes can and will go faster(albeit,thankfully, not at downhill racer speeds). To bring this point a little closer to home- both current lawsuits against MROSD by bicyclists were from accidents on fire roads, not singletrack. "Routine maintenance"at El Corte de Madera has made the trail wider and smoother,making it much more road-like. The old trail was narrower and had ruts and branches down -these formed natural speed control (similar to speed bumps in parking lots)which are no longer present. The trail also has the possibility of increasing conflicts, both between user groups and between bicyclists and staff. Faster trails means that bikes and the other users will have a greater speed difference, leading to more conflict. Faster trails also mean that bicyclists are more likely to go fast and go against the District's 15 mph speed limit. Trails can be designed to reduce these issues by reducing speeds. These trails already did this quite well, but unfortunately have lost that tom' REE E® Ai!_ .10 1997 MIDPEt,IINSULA REGIONAL the recent trail work. Hikers and equestrians can just step over any minor obstacles, such as rocks, small ruts,water bars, logs, etc. Bikers will have to slow down for these, bringing them closer to the speed of the other users(which will reduce conflict)and decreasing the likelihood of conflicts. MROSD appears to be trying to achieve trail standards that are unreasonable and unachievable. In my years of hiking as I grew up on the east coast and in 5 years of biking and hiking out here, I've found MROSD to have the smoothest trails. Instead of maintaining the trails with a bulldozer and making smooth,wide trails,efforts should instead be made to add water control to the current trails. This could be done with volunteer labor at a much lower cost to the public(allowing more money to be spent obtaining land, instead of maintaining the lands). This would also provide slower, safer trails for everyone. Please consider these changes when maintenance issues come up, in particular at El Corte de Madera with its heavy load of advanced mountain bikers looking for a challenge. Sincerl -e , eter P. Do ue Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 22, 1997 Mr. Peter Donohue 1947 Woodside Road #3 Redwood City, CA 94061-3360 Subject: El Corte de Madera Creek Open Space Preserve Dear Mr. Donohue: Thank you for your July 28, 1997 letter regarding trail use and maintenance at EI Corte de Madera Creek Open Space Preserve. I appreciate the time you took to share your comments with me. Your letter raises several issues which I would like to address; trail use, maintenance, and safety. As you know, the District is a public agency funded by local property tax revenues, and as such strives to balance and accommodate the interests of a wide variety of user groups and constituents. While El Corte de Madera Creek Open Space Preserve has a relatively long history of popularity with mountain bicyclists, the preserve also receives significant use from hikers and some equestrians. In managing the preserve, we must consider all users, and potential users, of its multiple-use trail system. Prior to adoption of the Trail Use Plan for the preserve, only 17 miles of trails were designated. An additional 21 miles of trails were unauthorized. Upon the adoption of the Trail Use Plan, some of the unauthorized routes were designated as trails, at which time staff began to maintain these trails to certain standards. Once a trail is designated, District staff has an obligation to the public and to the natural resource to correct erosion problems, lessen or eliminate the erosion potential, and remove brush from overhanging the trail. The same trail maintenance standards are used on the District's remaining 22 preserves. The trail you mention as your example, the south/east side of the Virginia Mill Trail, was originally constructed by a bulldozer to facilitate removal of trees during logging. The cut was probably 12 feet wide when first built and the trail cut still exists, although soil and plant material have covered parts of it. Water bars were in fact installed by the District to remove water from the trail tread during the upcoming winter storms. We feel that the combination of drainage features and realignment adequately address District concerns with erosion and trail standards. In regards to the safety of the District's trail system, staff certainly considers the safety of all _4 Celebrate 25 Years of Open Space Preservation .330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200 - 1972-1997 FAX:415-691-0485 * E-mail: nirosd@openspace.org * Wei)site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernolf, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton trail users in the design and layout of its trail system. While we keep these issues in mind, and attempt to enforce the trail speed limit, it is also the trail user's responsibility to control their speed within the posted limit while on District trails. We continue to believe that education and individual responsibility are key to a safe trail experience. I know that you're well-aware of the lengths to which the District has gone to try and accommodate mountain bike use on District trails. The Board has consistently shown a willingness to provide for mountain bike access, as long as such use is within District regulations and doesn't conflict with protection of the natural resource. While you may disagree with the methods employed at El Corte de Madera Creek, I hope you understand that the work we're doing there is in the long-term interest of resource protection, while still providing for mountain bike access. Again, thank you for your thoughtful comments, and I hope that you will continue to be involved in trail use issues on District preserves. Sincerely, Kenneth Nitz, Director Ward 7 mdb/KN cc: Board of Directors INTER-OFFICE MEMORANDUM August 18, 1997 TO: Craig Britton, General Manger FROM: John Escobar, Operations Manager SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month July Year 1997 VIOLATIONS TOTALS CITES CRIMES TOTALS CITES Bicycles Auto burglaries 3 0 Closed area 6 3 False Information 1 0 Speed 24 13 Indecent exposure 2 0 Helmet 22 18 Cultivation of marijuana 1 0 After hours 0 0 Poss marijuana 1 0 Unsafe operation 0 0 Suicide 1 0 Dogs Prohibited area 8 2 ACCIDENTS Off-leash 10 3 Bicycle 2 Closed area 3 2 Equestrian I Off-road vehicles 3 0 Hiking/running 4 After hours 12 7 Other first-aid 1 Fishing 0 0 Search/rescue I Swimming 0 0 Air evacuation 0 Vandalism 6 0 Parking 9 1 ENFORCEN[ENT Parking after hours 14 2 Citations AA ry Dumping/littering 1 0 Written warnings 62 Campfires 0 0 Police assistance 4 Camping 0 0 Weapons NfUTUAL AID Actual contact 0 0 Accidents 2 Report only 0 0 Law Enforcement 6 Evidence of 1 0 Fire 1 JCR smoking 1 1 Landing Zone I Alcohol possession 1 0 Unauthorized trail construction 0 SUNUqARIEES OF SIGNIFICANT INCIDENTS July 2: Pornographic material and sexually oriented devices were found dumped in the equestrian parking lot at Skyline Ridge. P. Congdon. July 3: The body of a person who had committed suicide was located at Russian Ridge. The person's vehicle had been in the lot overnight. When it was determined that the vehicle owner was at risk, a search of the area was conducted and the body discovered. P. Congdon, W. Phillips, B. Malone, C. Beckman, G. Kern, G. Morin, S. Shearer. July 3: T. Karnofel received a telephone report that a male adult exposed himself on the Wildcat Loop Trail at Rancho on 6/29/97. A report was completed and the reporting party was told to contact SCC sheriffs dept. July 5: T. Randall reported that two gates had been vandalized at Rancho de Guadalupe. Two chains had been cut and non-district locks installed. Vehicle tracks were observed throughout the preserve. The locks were removed and the gates resecured. July 5: T. Randall found a 60-plant marijuana plantation while on foot in Rancho de Guadalupe. A SCC Sheriffs Deputy and T. Lausten assisted in removing the plants and garden equipment. The plants were turned over to the sheriffs dept. July 8: An armed car jacking took place at the corner of Page Mill Rd. and Skyline Blvd. L. Paterson made initial contact with the victim. The man had been lured to the area with the promise of ten dollars to help a stranded motorist. July 11: An unauthorized section of new trail construction was discovered at El Corte de Madera. Approximately 200 feet of trail had been developed, mostly through repeated cross-country bicycle riding. An additional 400 feet of trail had been flagged, apparently for future trail construction. B. Malone. July 14: M. Newburn stopped two juveniles for after hours at Rancho. One youth was issued a citation for marijuana. They were warned on the after hours violation and turned over to a responsible parent. July 16: In response to a report by Harry Haeussler, D. Sanguinetti found debris from a large party at Windy Hill. Over 200 bottles, cups, and cans were left. The party probably occurred at night. July 25: K. Miller received a report from Sunrise Winery of a naked man smoking next to his vehicle in the parking lot. The man visits the area on weekdays and will get in his vehicle when other vehicles arrive. A report was completed and patrol has been increased. July 26: K. Miller discovered vandalism at St. Joseph's Hill. An unknown person had spray-painted rock formations, posts, and one sign. Clean-up is in progress. July 27: Three autos were burglarized at Skyline Ridge. A set of golf clubs, a lap top computer, and other items were taken. Two suspects were seen by a witness and she was able to note the suspect's vehicle license plate number. Based on this, San Mateo County sheriffs office made an arrest. July 31: A fence was found vandalized, along with off-road four-wheel vehicle and motorcycle tracks in the Tysen area of Purisima. July 22: T. Randall reported that the monolith building at Mt. Umunhum had been broken into. The locks were changed and the building was again accessed by cutting the screen on an air vent. The building was resecured. July 27: T. Randall observed two unoccupied vehicles at Sierra Azul. A single shot was heard in the vicinity. Radio transmission was not possible. He left the area and requested a SCC sheriffs deputy. The first unit arrived 45 minutes later and the second, 5 minutes after that. Prior to their arrival a hiker advised Randall that he had heard 4 shots. The deputies searched the area and cleared without finding the subject. Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM August 22, 1997 TO: President Mary Davey and Boardmembers FROM: Craig Britton, General Manager /_ SUBJECT: Vacation Schedule Just a reminder that I will be on vacation from August 30 through September 14. John Escobar will be Acting General Manager in my absence. If for any reason you need to contact me during this time period, please contact Susan as she will have my travel itinerary. 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 I _ AUG-06-1997 08:00 FROM SUPT SMCOE TO 96910485 P.02/03 to 01-10141. SAN MATEO COUNTY OFFICE OF EDUCATION Floyd Gonalla, W.D., County Superintendent of Schc)ofs rMMNTMWO�Maw I August 5, 1997 Ms. Betsy Crowder Midpeninsula Regional Open Space Dist. 133 Mapache Drive Portola Valley,CA 94028 Dear Betsy : Yesterday we were informed that Governor Wilson has vetoed SB 375. The demise of this bill came as a shock since all indications were that it would be signed. As you can see in the attached letter of explanation,the Governor's objections were exclusively devoted to the portion of the bill written by co-author George House(R,Assembly). Ironically, we sought affiliation with Assemblyman House to make our bill more palatable to the Republicans and the Governor. In the final sentence of his explanation,the Governor endorses an earlier opinion of the Board of Equalization that existing code allows our coalition to offer a ballot measure. The Board of Equalization believes that no additional authorization is needed and evidently the Governor agrees with that opinion. We are currently in consultation with Senator Sher's office as to alternate options and we will report back to you either by fax or at the Steering Committee meeting of September 8. Sincerely, Tom Fitzpatrick Assistant to the Superintendent TFJc 101 Twin Dolphin Drive - Redwood City,(-'Aliforma 94005-10(A (415):302-55SO FAX[41S]802-5564 AUG-06-1997 08:01 FROM SUPT SMCOE TO 96910485 P.03,,03 Gov RNoR FETz Wn soN A 02 07 To the Mena*m of the California Senile: Y am rertnrairtg Sestet Bill 375 will"ram+sib. This bill would limit the+Moult charged by the d3"d of Equslisatlon(DOE)for adminiateering Stmaislsus CauaRy's aaasections and use trot for library services to five pavent of the rcvcuws derived fhmu the twL The bill would also coofmm existing law to the California Constitution with mqW to vole rsquvemeW be special taxes, and mrtbmn San Mateo County to impose an additional moons and an talc to find public cle mewmy and sexoudary oducatian cownumty calk m parks,raeerexek m sud libraries in San Mateo County. The provisionthat w 4dd cap the coats that could be charged by the DOE to administer StenisUus County's umac6oas andd use tax fox fibtudem could aft an inadvisable and costly pr+eccd v. It will likely lead to similar regttem fin admialstradve cost relief by odw local twogg jurisdicam and could mutt iut gUft mtnmy WM used to subsidize local true callectivn. A State auditor report,however,concluded to the BOB am allocation mmhrd in some special talc juisdictiores bring ov thnge& l rmdmtand that ROT;has m mmeptaai dl; greerncnt with the futdmgs. As such,it woWd aaatm pmdcnt for BOE to mmin their coat a2locatiom Finally,wtving this bill will not Wavw Sac►Marco County ftm using the special pwpose transactium and use tact for wbiicbt it ix seeking bra#ion in tbis bill. Col"Iy, PETE WILSON c-.rss C..rrx�se. - S..Cnnc��rro. Cws,t�vr�r+�w fi�t�1 4 TOTAL. P.03 Regional Open &ace 1 1 A. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams, Real Property Representative DATE: August 21, 1997 SUBJECT: Zelhart Property Addition to Sierra Azul Open Space Preserve Escrow closed for.the subject transaction an August 8, 1997 and title to and possession of this 45.33 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at its meeting of June 25, 1997. DEDICATION CHART INFORMATION Dedication Board Status Approval Closing Dedication (Intended-or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Sierra Azul Kennedy, Zelhart 6-25-97 8-8-97 45.33 Intended Limekiln cc: Board of Directors Administrative Services Manager(Insurance) J. Escobar (w/encl.) K. Hart D. Vu C:\FORMS\CLOSTNG.FRM STATE CAPITOL COMMITTEES P.O.BOX 9428491 *y PxYC BUDGET SACRAMENTO,CA 94249-0001 7j31 ,ilk BUDGET SUBCOMMITTEE ON (916)445-8305 �v STATE ADMINISTRATION E-mail:Jim.Cunneen@assembly.ca.gov SAFETY AN CififuntinPg isla furt E NVIRONMENTAL TOXIC MATERIALS,Vice C aD DISTRICT OFFICE HIGHER EDUCATION 901 CAMPISI WAY,SUITE 300 INSURANCE CAMPBELL,CA 95008 JIM CUNNEEN JOINT LEGISLATIVE BUDGET (408)369-8170 ASSEMBLYMEMBER,TWENTY-FOURTH DISTRICT Representing the communities of:Campbell,Cupertino, Los Altos,Los Gatos,Monte Sereno,San Jose,Saratoga,and Sunnyvale August 18 , 1997 1 I L. Craig Britton la«ri � j9�� � MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear L. Craig: This year' s budget is a fiscally responsible and balanced spending plan that maintains education as a top funding priority,provides much needed funds to aid local law enforcement, and implements California' s historic, comprehensive overhaul of the welfare system. K-12 education is the big winner thanks largely to Proposition 98 formulas, the revenues generated by an expanding state economy and a strong bipartisan commitment to improve education. The 1997-1998 budget adds an additional $1 . 4 billion for class size reduction efforts, increasing per-pupil funding to $800 . The budget also includes an innovative loan program to give schools the flexibility to use class size reduction funds to meet their facilities needs . The budget has a one-time allocation of $1 . 3 billion to PERS to fund a court judgment against the state for a previous loan from PERS . Such a large pay out prevented bipartisan efforts to rightfully restore property taxes to local governments (ERAF) . This funding could be available during the next budget cycle . I'm also a bit disappointed that the legislature did not have the political will to set aside additional money for the reserves or economic uncertainties . Enclosed is a summary of key budget items . If you would like to know more about the recently passed budget, please call my district office at 408-369-8170 . Please feel free to contact me if you have any questions . sincerely, a�l JIM CUNNEEN Assemblymember 24th District enclosure Printed on Recycled Paper KEY POINTS IN THE 1997-98 BUDGE Protects and Improves Education Class Size Reduction: The 1997-98 Budget will provide an additional $1.48 billion in funding for the landmark Class Size Reduction Program, increasing per pupil funding to $800, and will enable school districts to reduce class sizes in the initial three grades and add a fourth grade level -- either Kindergarten or third grade. • Class Size Reduction Facilities: For school districts unable to further reduce class sizes because of facilities constraints, the Budget provides an option for districts to dedicate a portion of their 1997-98 operational funds for facilities. This is expected to fund as many as 25,000 new classrooms for class size reduction purposes. Smaller class sizes in the primary grades will ensure that young students get the individualized teacher attention and instruction they need to better develop the basic skills that are vital to students' future success. x • Reading Initiative - The Budget restores the original $52 million for the Reading Initiative, a program to implement phonics and skills-based reading instructional methods in our schools, with the focus being on the primary grade levels. Funds will also be dedicated to train an additional 8,000 new K-3 teachers who will be needed when the X-3 Class Size Reduction program is fully implemented. • Digital High School - The Budget restores $100 million in funding for this program that will enhance technology in California's classrooms and facilitate computer proficiency for our students who are growing up in this high-tech age. This program provides incentive money to school districts to begin equipping high school classrooms with computer technology. x • Standardized Achievement Test - The Budget includes $40 million in funding for school districts to purchase a standardized test that will allow comparable test results for individual students from district to district, school to school, and classroom to classroom. (Pending Approval) page 1 Protects and Improves Education (continued) • Deficit Reduction/Equalization "Deal" Remains Intact - The Budget keeps the deal intact to provide school districts with $1.08 billion in deficit reduction and equalization funds to spend in the 1997-98 fiscal year. • Balance of Local Flexibility and State Requirements: The Budget includes a balance of local flexibility and state requirements. This will enable school districts to target local priorities, while also receiving funding for our most important priorities, such as Class Size Reduction. Protects Children • Department of Developmental Services - The Budget reauthorizes and funds the Early Stan Program to provide services to infants and toddlers at risk of developmental delay. • Department of Mental Health - The Budget augments funds for the Children's System of care, which will add approximately 8 new counties to the current 30 counties providing a comprehensive, child-focused, integrated service delivery system that will save substantial General Fund expenditures for group home and juvenile justice placements. Protects Seniors • Commission on Aging - Seniors will be allowed to retain, and chose how to spend, their entire personal income tax credit. Implements Comprehensive Welfare Reform Time Limits/After Time Limits: The compromise plan has real time limits for aid: 18 months for new recipients, 24 months for current recipients, and a lifetime limit of 60 months (five years) for all recipients. The compromise plan provides a child-only safety net. Recipients who lose page 2 eligibility because of time limits would be precluded from General Assistance. • Work Requirements/Work Activities/Exemptions to the Work Requirements: The plan includes realistic work requirements, of 32 hours for single parents, 35 hours for couples. x • Protects Children/Promotes Personal Responsibility: Applicants are required to have children immunized and in school as a condition of receiving aid. Requires recipients to cooperate by providing information about the father of each child on welfare as a condition of aid. Y Safety Net: Requires child-only aid to be paid with a voucher if the grant is going to a child whose parents are ineligible for aid because they are drug felons or because they were sanctioned off the program. • Local Empowerment: Provides counties with 100% of savings with 75% directed to the county and 25% directed to a fund for hardship counties. Proposes counties share 50% of any state penalty for failing to meet federal requirements. Provides counties with 25% of savings from fraud detection and prevention. Retains existing ability for counties to contract out. x • Welfare Fraud: The compromise plan enforces a lifetime ban for any person convicted of claiming children they don't have, applying for aid in multiple jurisdictions, or a defrauding the system of $10,000 or more. It calls for multi-year bans for various other types of welfare fraud. Helps Local Law Enforcement • COPS Program: The Budget fully funds the COPS (Citizens' Option for Public Safety) program. This program, which was established last year, sends $100 million a year to cities and counties throughout the state for law enforcement purposes. By law, the majority of these funds go to front- line law enforcement activities. COPS funding provides law enforcement agencies with the tools to effectively tackle crime in their communities, and it provides much needed financial relief for local governments. Enhances Public Safety page 3 Department of Justice: The Budget includes $1.4 million in General Fund for the acquisition of land and the completion of working drawings for two new DOJ forensic labs, one in Riverside and the other in the Central Valley. The Budget also provides $29 million for the operation of the Hawkins Data Center, which maintains a statewide criminal information system used by local law enforcement. • Department of Corrections: The Budget includes $2 million to be distributed to local governments for infrastructure and school costs that local governments claim have resulted from the influx of additional prisoners who occupy temporary "emergency" prison beds. • Board of Corrections: The Budget includes $17.1 million for construction of local adult jail facilities, and $37.4 million for the construction of local juvenile detention facilities. $20 million of this money is set aside for use by rural counties for the development of youth boot camps. • California Highway Patrol: The Budget provides a $3.3 million augmentation to the CHP to provide full year funding for 180 vacant officer positions. This is the final increment of funding needed to increase filled officer positions by 500, as committed to over three years ago. • Office of Criminal Justice Planning: The Budget includes $2.3 million for the ongoing efforts of the Career Criminal Apprehension Program, $8.4 million for the Vertical Prosecution of Statutory Rape county pilot program, and $5.1 million for the California Gang Violence Suppression Program, a county program targeting street gangs. • Department of Toxic Substances Control: The Budget allocates $5.8 million for clandestine drug laboratory cleanup and removal activities. Targets Workers Compensation Fraud Department of Insurance: The Budget increases the Workers Compensation Fraud program by $3.5 million. This funding will be used to augment local assistance funding to increase district attorneys investigations and prosecutions of workers compensation fraud, and will help combat and reduce false claims that cost California's businesses millions of dollars each year. Increases Consumer Protections page 4 Department of Insurance: The Budget provides for an additional $380,000 for the Consumer Hotline Unit, which will enable consumers to get automated information on rate comparisons of insurance policies. This is a direct result of the voters' passage of Proposition 103. The Budget also allows for the use of unexpended finds totaling $1.8 million in the current vear to be used in 1997-98 to pursue settlement hearings arising out of Proposition 103 rollback hearings. • Department of Corporations: The Budget includes a $6.5 million augmentation to provide additional staff resources to address issues regarding Health Maintenance Organizations (HMOs). Cracks Down on Fraud Board of Equalization: The Budget was augmented by $772,000 for the Excise Tax Division for detection and investigation of cigarette and tobacco tax fraud. This program will reduce fraud in the non-payment of the voter approved cigarette tax and the illegal movement of tobacco products from outside the state through non-legitimate business transactions. Honors and Assists Veterans Department of Veterans Affairs: The Budget provides $77.7 million for support of this department -- a 10% increase over the 1996-97 expenditures, due mostly to the increase in capacity at existing veterans' home and the planning of a new home. • Veterans Memorial Commission: The Budget provides, through trailer bill language, a $380,00 loan to this commission for the completion of the State Capitol Veterans Memorial. The trailer language provides the elimination of the commission after completion of the memorial. Promotes Sensible Conservation and Environmental Protections • Resources Agency: The Budget includes $4.4 million for beach enhancement/sand replenishment projects. • Department of Water Resources: The Budget provides $2.5 million for a feasibility study of an alternative Colorado River water source for San Diego County, $9 million for the final year of a 4-year agreement between page 5 the state and the city of Los Angeles to fund a project to help replace water diversions from Mono Lake to the city, and thereby restore Mono Lake to historical water levels. • Water Resources Control Board: The Budget provides an $80 million augmentation from the Underground Storage Tank Cleanup Fund to accelerate the reimbursement of tank owners who submit cleanup claims. Improves Transportation Infrastructure Department of Transportation (Caltrans): The Budget fully funds the State Local Partnership program at the statutory level of $200 million. This provides state funds to be used with local matching funds for transportation projects in eligible counties. • Toll Bridge Retrofit: Proposition 192 will provide approximately $790 million for seismic retrofit of seven state owned toll bridges -- five are in the Bay Area and two are in Southern California; however, the total cost for the projects is estimated to be $2.5 billion, including the $1.75 million dollars needed to replace the eastern section of the earthquake-damaged Bay Bridge. The toll bridge agreement in the Budget addresses this shortfall by requiring the Bay Area to contribute $875 billion (tolls will be raised from $1.00 to $2.00), and the state contributing $875 million. CUTS GOVERNMENT SPENDING/CONSOLIDATES PROGRAMS Franchise Tax Board: The Budget reduces $1.9 million and 27 positions for the California Marketing Tourism Act. The Marketing Act will be administered through the Trade and Commerce Agency. The Budget also deletes $3.6 million to reinstate the Business Tax Reporting Program. • Trade and Commerce Agency: The Budget eliminates $765,000 and 2.8 positions for the establishment of the Singapore Business Center, and eliminates funding for new foreign trade offices. page 6 SACRAMENTO ADDRESS COMMITTEES: STATE CAPITOL HIGHER EDUCATION,Chair P.O.BOX 942849 SACRAMENTO,CA 94249-0001 f s imb i BANKING AND FINANCE (916)445-7632 BUDGET FAX:(916)324-6974 • f r ~ EDUCATION ted.lempert®assembly.ca.gov &1ifornin E,rgisjInfurr LOCAL GOVERNMENT DISTRICT OFFICE !� TRANSPORTATION 4149-B EL CAMINO WAY Chair,SELECT COMMITTEE ON PALO ALTO,CA 94306-4010 TED LEMPERT COASTAL PROTECTION (650)856-2181 ASSEMBLYMAN,TWENTY-FIRST DISTRICT Chair,SELECT COMMITTEE ON FAX:(650)856-2187 REPRESENTING PORTIONS OF SAN MATEO AND SANTA CLARA COUNTIES EDUCATION TECHNOLOGY August 11, 1997 The Honorable Pete Wilson Governor, State of California State Capitol Aj Ir7 1 t 1997 Sacramento, CA 958114 a 6� AL OPt_N - IC T Dear Governor Wilson: ��-- --~- I encourage you to sign Assembly Bill 1366 into law. In the 1950's, the State enacted the California Riding and Trails Project, which envisioned the creation of a continuous riding and hiking trail through California from the Oregon border to Mexico. Before the project was abandoned, the State acquired several easements, including some within the Midpeninsula Open Space District and parks property within San Mateo County. Many of these easements have remained unused over the years. AB 1366 would permit the Department of Parks& Recreation to transfer 5 easements to the Midpeninsula Open Space District and 9 easements to the San Mateo County Department of Parks & Recreation from this abandoned program. These easements would help develop significant trail segments in the Midpeninsula area that otherwise would never be developed by the State. In addition, they would make trail connections between thousands of acres of open space preserves and County parks for the public to enjoy. The bill also permits the Department of Parks & Recreation to grant the Durham Ferry State Park to the San Joaquin Office of Education for park,recreational, or educational purposes. The bill was recently amended in the Senate to require that the Department of Parks& Recreation include appropriate deed restrictions in the conveyance documents to ensure the properties are used in perpetuity only for their stated purposes. I encour you to assist in improving public access to preserved areas by signing AB 1366 into law. Sin ,c e , ED LEMPERT Assemblyman, 21 st District TL:lsb S4a Printed on Recycled Paper 110- Claims No. 97-16 Meeting 97-24 Date: Aug. 27, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2719 299.86 Acme & Sons Sanitation Sanitation Services 2720 140.73 Allen Equipment Company, Inc. Field Equipment Rental 2721 225.92 All Laser Service Laser Printer Service 2722 32.89 AT & T Telephone Service 2723 375.00 Berry's Pest Control, Inc. Enterprise Rental Maintenance 2724 300.00 Boley Consulting Engineers Seismic Upgrade--Rancho Shop Building 2725 389.12 California Department of General Services State Procurement Vehicle Fees 2726 132.00 *1 California Department of Fish and Game Permit--Culverts--Rancho San Am_,,io 2727 377.16 California Water Service Company Water Service 2728 110.00 Camino Medical Group Medical Services 2729 199.18 Carter Industries Inc. Vehicle Storage Box 2730 64.61 Clark's Auto Parts and Machine Shop, Inc. Vehicle Parts 2731 59.54 Coastside Proflame Propane Tank Rental �732 184.43 Emergency Vehicle Systems Vehicle Lightbar Maintenance 2733 285.61 Film To Frame Photography Processing 1734 1,099.20 *2 First American Guaranty Company Title and Escrow Fees ,735 5.15 Forestry Suppliers, Inc. Insect Spray ,�736 51.92 Foster Brothers Security Systems, Inc. Key Duplication 2737 56.07 G & K Services Shop Towel Services 2738 429.00 GreenWaste Recovery, Inc. Dumpster Service 2739 162.54 Home Depot Field Supplies 2740 375.45 Interstate Traffic Control Products Signs 2741 1,009.97 Jeda Publications Monte Bello Map Printing 2742 155.88 Keeble & Shuchat Photography Prints 2743 210.00 *3 Bruce Kerr Recognition Event Entertainer--Deposit 2744 307.44 Lab Safety Supply Inc. Recycling Containers )745 655.75 Lanier Worldwide, Inc. Copier Lease Agreement 746 85.00 Littler Mendelson Seminar--D. Dolan 2747 747.09 *4 Town of Los Gatos Permits--Grading and Wall Permit 2748 468.13 Los Altos Garbage Company Dumpster Service '749 751.68 Lucent Technologies Telephone Service !750 69.36 Madco Welding Supply Company, Inc. Oxygen and Acetylene Refills 2751 250.74 Julie McCullough Vehicle Expense 2752 128.66 Metro MobileCommunications Radio Repair 2753 17.45 Minton's Lumber & Supply Lumber 2754 50.44 Moffett Supply Company Restroom Supplies 2755 75.00 Monogram Sanitation Shipping Charge--Sanitation Supplies 2756 3,500.00 *5 Navarone Industries, Inc. Postage 2757 19.50 Netcom Monthly Internet Service 2758 240.00 *6 Chris Newcomb Photography Framing Servicr­-L)e posit 2759 279.60 Chris Newcomb Photography Framing Service 2760 200.00 New Horizons Training Session--Doug Vu 2761 25,000.00 North American Title Company Urrere Acquisition 2762 205.17 Office Depot Office Supplies 2763 860.07 Orchard Supply Hardware Field Supplies 2764 989.05 Pacific Bell Telephone Service 2765 574.31 PIP Printing Brochure and Card Printing 2766 738.21 Pitney Bowes Credit Corporation Mailing Machine Equipment ,__NV) Page 1 Claims No. 97-16 Meeting 97-24 Date: Aug. 27, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2767 25,516.67 Platypus Nature Center Exhibits 2768 34.13 Rayne Water Conditioning Water Service 2769 236.08 Rich's Tire Service Tires 2770 2,200.61 Roy's Repair Service Vehicle Repair and Maintenance 2771 109.33 Safety-Kleen Corp. Solvent Tank Service 2772 393.75 *7 San Mateo County Permit--Russian Ridge Restroom Retrofit 2773 42.22 San Mateo County Times Subscription 2774 3,067.00 Santa Clara County Building Inspector Permit--Seismic Upgrade--RSA Shop 2775 5,880.00 E.R Sheehan Trail Construction--El Corte De Madera 2776 267.34 Shell Oil Company Fuel 2777 40.98 John Shelton, Inc. Field Equipment 2778 2,683.78 Silverado Avionics, Inc. Programming Radios and Accessories 2779 252.32 Malcolm Smith Vehicle Expense 2780 343.00 *8 Space Designs Office Filing Cabinets--Deposit 2781 137.28 Stevens Creek Quarry, Inc. Gabian Rock 2782 42.22 Summit Uniforms Uniform Expense 2783 115.36 Taylor Rental Equipment Rental 2784 1,165.39 Teater & Etc. Graphic Sign Services 2785 8,299.01 TERRATECH, INC. FEMA Landslide Geotechnical Services 2786 867.52 VISA Business Meeting Expense, Conference Airfare and Uniform Expense 2787 440.00 Sumudu Welaratna Intern--Oak Restoration Project 2788 47.30 Wheelsmith Patrol Bicycle Maintanence 2789R 184.28 Randy Anderson Vehicle Expense 2790R 2,753.00 Bank of New York Western Trust Company Note Paying Agent Fee 2791R 188.30 Palo Alto Weekly Advertisement—Volunteer Program 2792R 3,000.00 Postage By Phone Postage 2793R 55.95 Vista, Inc. Training Video 2794R 73.07 Lisa Zadek Reimbursement--Office Supplies 2795R 383.54 Petty Cash Local Business Meetings, Film Developing Field Maintenance/Repair, Computer Supplies and Vehicle Expense *1 Urgent Check Issued August 21, 1997. *2 Urgent Check Issued August 14, 1997. *3 Urgent Check Issued August 18, 1997. •4 Urgent Check Issued August 21, 1997. *5 Urgent Check Issued August 19, 1997. *6 Urgent Check Issued August 19, 1997. *7 Urgent Check Issued August 14, 1997. •8 Urgent Check Issued August 20, 1997. TOTAL 101,763.31 Page 2