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
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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.
Prepared by:
Del Woods, Senior Open Space Planner
Michael C. Williams, Real Property Representative
Contact person:
Michael C. Williams, Real Property Representative
MIDPENINSUL. REGIONAL OPENIMPACE DISTRICT
SIERRA AZUL OPEN SPACE PRESERVE
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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
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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
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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. Craig Britton, General Manager
Attest:
Malcolm Smith, Acting District Clerk
Approved as to form:
Susan Schectman, District Legal Counsel
MMPENINSULA REGIONAL OPEN SPACE DLSMCT
Ravenswood Open i9pace Preserve Ill
1
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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
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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