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HomeMy Public PortalAbout19970924 - Agenda Packet - Board of Directors (BOD) - 97-27 Regional Open ".' ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT A7 Meeting 97-° SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California September 24, 1997 (6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M.,,the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Board Meeting, and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference With Legal Counsel - Existing Litigation - Government Code Section 54956.9(a) A. MROSD vs. McKim et al. Case No. CV 767491 B. Alexander vs MROSD, Case No. CV 760456 C. Wargo vs. MROSD, American River Bike Shop et al., Case No. 97AS01913 (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Final Adoption of an Amendment to the Use and Management Plan for the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve to Confirm the Closure and Restoration of Priest Rock Bypass Trail (also known as Moody rail) -- J. Escobar Celebrate 25 Years of Open Space Preservation 330 Distel Circle a 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 - Generalw Manager:L.Craig Britton Meeting 97-27 Page 2 (7:50) 2. Proposed Addition of Augustine MacDonald Trust Property to the 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 the Mt. Umunhum Area of Sierra Azul Open Space Preserve; and Indicate Intentions to Withhold the Property from Dedication as Public Open Space. -- M. Williams Resolution Authorizing Acceptance of Purchase Agreement and Addendum Thereto, Authorizing Officer to Execute Certificate of Acceptance of Quitclaim 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 Augustine MacDonald Trust, et al.) (8:00) 3. Tentative Adoption of the Amendment to the Skyline Ridge Open Space Preserve Use and Management Plan for Installation of a Permanent Restroom near the Nature Center; Determination that the Restroom #SSV110 is a Unique and Novel Product Application Required to be Used in the Public Interest and Authorize Restroom Facilities, Inc. of Reno, Nevada as the Sole Source Provider; Authorization for Staff to Purchase Three Pit Toilet Restrooms for Restroom Facilities of Reno, Nevada for Monte Bello, Skyline Ridge, and Windy Hill Open Space Preserves at a Cost Not to Exceed $50,000; and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; -- R. Anderson (8:10) 4. Progress Report on the Resource Management Program -- J. Isaacs (8:25) 5. Authorization for Staff to Hire Central Coast Wilds to Undertake the Revegetation Project on Highway 84, With a Budget of$26,000 and Authorization for the General Manager to Execute a Contract with Central Coast Wilds to Implement the Highway 84 Revegetation Project -- J. Isaacs *** 6. Notice of Contract Completion and Acceptance of Work for the Road Resurfacing Project at Rancho San Antonio Open Space Preserve -- R. Anderson (8:30) 7. Acceptance of the Proposal from George Rice & Sons for an Estimated $21,763 for the Printing of Approximately 300,000 Special 25th Anniversary newsletters and Acceptance of the Proposal From Navarone Industries for an Estimated $34,875 for the Mailing of Approximately 300,000 Special 25th Anniversary Newsletters -- M. Smith Meeting 97-27 Page 3 *** 8. Denial of Richard Bourke Claim Against the District -- S. Schectman *** 9. Denial of Francois Richard Claim Against the District -- S. Schectman (8:35) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS 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 annroved without discussion by one motion Board members the General Manager, and members of the public Me request that an item be removed from the Consent Calendar during consideration of the Consent Calendar, m:Robert ZOO To:Fax#691-0485 Date:9/12/97 Time:8:43:40 AM Page 1 of 2 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Ack—ledge/Respond Robert Zatkin Staff Ackno.ledge/Respond 406 Maple Way • Woodside,CA 94062 Draft Response Attached telephone: (650) 369-6462 •fax: (650)369-7898 Staff to be Directed to Prepare Draft Response far Roacd Cons idec ac lan per RZatkrn�mworldnet.att.net Hoard Directives) No Response Necessary September 12, 1997 Board of Directors MidPeninsula Open Space District 330 Distel Circle Los Altos, CA 94022-1404 sent via fax: (650) 691-0485 Members of the Board: Last month the National Marine Fisheries Service announced that central California coast populations of the steelhead trout (Oncorhynchus mykiss or O, mykiss) will be listed as threatened under authority of the federal Endangered Species Act. The listing becomes effective in November and places O. mykiss and its habitat under constraints imposed by the Act. Land held by the MidPeninsula Regional Open Space District in public trust are known to contain habitat and populations of O. mykiss. Documents in files held by the State of California, Department of Fish and Game, verify the presence of populations of O. mykiss in El Corte de Madera Creek with the El Corte de Madera Creek Open Space Preserve. A report produced for the District verifies the presence of O. mykiss in the Purissima Creek Open Space Preserve. Other preserves may also contain populations of O, mykiss. I have recently filed a water rights protest with the State of California, Water Resources Control Board, Division of Water Rights, against a landowner in the El Corte de Madera Creek watershed over his intent to divert up to 34 acre feet per year from the main stem,tributaries and tributary springs of El Corte de Madera Creek. The proposed diversion of water from the Creek raises the distinct possibility that during drought years the quality and extent of O. mykiss habitat, and thus individual O, mykiss, may be impacted. The locations of proposed diversion are downstream from the District preserve,thus it is likely that O. mykiss habitat in the preserve will be impacted should the diversions occur. Several months ago I brought this situation to the attention of management staff of the District and requested that the District file a separate complaint against the proposed diversion. The District staff apparent decided not to pursue this course of action as no protest was registered by the District and the closing date for such protest is September 15, 1997. 1 believe the lack of action by the District in this matter is incorrect as the District has a vested public trust in protecting and enhancing the diverse biota that inhabit District lands. Furthermore,with the listing of O. mykiss the District will be in a position of accountability under the federal Endangered Species Act to prevent the Page 1 m:Robert Zatldn To:Fax#691-0485 Date:9/1 Z/97 Time:8:43:40 ANI Page 2 of 2 taking of individual O. mykiss. If my protest against the proposed diversions in El Corte de Madera Creek proves futile, O. mykiss habitat in District lands will likely be impacted. Finally, I have been told by staff of the California Department of Fish and Game that the Department intends to release coho salmon (Oncorhynchus kisuth or O. kisuth) into San Gregorio Creek; the main stem to which El Corte de Madera is tributary. O. kisuth is also listed under the federal Endangered Species Act as threatened. When released into San Gregorio Creek, O. kisuth may eventually utilize appropriate habitat in El Corte de Madera Creek for spawning and rearing. Such an occurrence would further complicate the water diversion - salmonid habitat couple in El Corte de Madera Creek and place additional obligations on the District to protect salmonid habitat. It is my impression that the District does not fully appreciate the consequences of federally listed species being present on District lands. Furthermore, it appears the District has not obtained comprehensive knowledge of the extent and types of listed salmonid habitat and species found on District lands. To the end of obtaining such knowledge I recommend that the Board release funds necessary to contract services from appropriate scientific professionals for delineation of salmonid habitat on District lands and validation of the presence of salmonids in such habitat. Once such knowledge is obtained the District should assume a vigilant proactive stance on matters related to listed salmonid species that inhabit District lands, including filling complaints against proposed diversions of water that may impact such species. Sincerely, -signed- Robert Zatkin Page 2 Regional Open Space 1 DRAFT RESPONSE PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Mr. Robert Zatkin 406 Maple Way Woodside, CA 94062 Dear Mr. Zatkin: Thank you for your September 12 letter regarding steelhead trout in San Gregorio and El Corte de Madera watersheds. The Board of Directors reviewed your letter at its regular meeting last night and expressed their appreciation for your concerns over the protection of steelhead in coastside creeks. When you initially reported this matter to staff, they contacted the State of California Water Resources Control Board in an effort to obtain a more complete understanding of the issue. Staff was informed your protest related to a landowner's request for an extension of an existing allocation of water provided under the settlement of the 1993 San Gregorio Creek Adjudication. Normally, extensions of adjudicated rights are reviewed at an administrative level but staff was informed that in this particular instance, because of the likelihood steelhead will be listed as a threatened species under the federal Endangered Species Act, the administrative review process would include consultation with California State Department of Fish and Game before any action is taken. Staff supported this approach and felt the consultation would provide the State Board with the expert information necessary to make a sound decision. We realize the importance of the pending action to list steelhead as a threatened species and will be working closely with agencies such as the California State Department of Fish and Game and United States Fish and Wildlife Service in developing District management plans. Currently, we are assessing steelhead habitat in the Mills Creek watershed to assist us in making decisions on potential land acquisitions in that area. Staff has also requested information from recent studies conducted by California State Department of Fish and Game on steelhead habitats in San Gregorio Creek and El Corte de Madera Creek. The Board and staff share your concerns regarding the proposed extension of water rights but are hesitant to file a protest without the benefit of more information regarding the impacts the extension may have on the habitat in the El Corte de Madera watershed. Given the fact that fishery studies on coastside creeks are underway by other agencies, we hope to coordinate our efforts with others in an effort to generate the information necessary to better protect steelhead habitats in open space preserves. When we have a better understanding of the need and scope for further studies, we will prioritize these efforts along with the resource studies needed on other District lands. Again, thank you for writing with your concerns. Sincerely, Mary C. Davey, President Board of Directors MCD:dw cc: MROSP,`d of Directors Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1"7• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton David Oare, 12 :59 PM 9/5/97 - , For the Staff and Board From: "David Oare" <oare@gene . COM> RESPONSE ACTtON PROPOSED BY STAFP Date : Fri, 5 Sep 1997 12 : 59 : 16 -0 8 0 0 Board President Ack­J.dge/R..p..d reply-to : oare@gene . COM Director —Acknovledge/Respond To : mrosd@openspace .org Staff Acknowledge/Respond Subject : For the Staff and Board __X Draft Response AttatI., Stfft* bDirc:4dt: Pr;:ar: Draft Response !:r S::rl I, ,d. i . per Boardr . i , Malcolm, No Response Necessary Could you pass this along this note to the Staff members responsible for determining the make-up of the ad hoc committee for the re-evaluation of the trails within Area 2 at ECdM and, as a FYI , to the Board. Thanks . Dave ------------------ Staff and Board, MROSD: It has come to my attention that the make-up of the ad hoc committee concerning the reevaluation of the trails within Study Area 2 at El Corte de Madera Open Space Preserve (ECdM) is being decided. I would like to comment on some issues with respect to the citizen component of this committee . First , user groups should be represented in a proportion consistent with their current use of the preserve, i .e . , if 1/3 of the users are hikers, 1/3 of the members of the committee should be hikers . If this is not done, then a reasonable expectation is that ALL Use and Planning committees concerning every preserve within the MROSD system should reflect the same ratio used at ECdM. For example, if three out of seven members of the ad hoc committee concerning ECdM are mountain cyclists, then a committee considering trail use at Rancho San Antonio Open Space Preserve should be made up of the same proportion (3/7) . Anything less will demonstrate a clear, irrefutable, and documentable bias against the cycling community in trail planning issues . Second, it has come to my attention that the Staff prefers to not have Patty Ciesla as a member of this committee . Patty' s views represent a large proportion of the cycling users of ECdM. To avoid having her input in the process would appear to be an effort to tailor the message that the Staff and Board members hear with respect to trail issues at ECdM. I encourage the Staff and Board to look past any personal differences they have with Patty and listen carefully and consider what she has to say. Her views represent a large contingent of the cycling users of ECdM. Sincerely, David Oare Regional Open S ee -^- DRAFT RESPONSE PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Mr. David Oare oare@gene.COM Dear Mr. Clare: Thank you for your September S, 1997 e-mail regarding the committee composition involved in the trail planning process for Study Area 2 at El Corte de Madera Creek Open Space Preserve. A copy of your letter was given to the members of the ad hoc committee which, along with an (as yet) undetermined group of preserve users, will consider trail use within Study Area 2 The composition of the task force has not yet been determined by the members of the ad hoc committee. As you are already aware, 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 it may be true that this preserve has a history of popularity with mountain bicyclists, it also receives significant use from hikers and some equestrians. In managing the preserve, we want to consider all users, and potential users, of its extensive trail system. The District's record of 17 public meetings regarding trail use issues at this preserve illustrates the openness which we as a public agency have approached the views of the cycling community and all preserve users. Soliciting and receiving public views on all issues is important to us. Continuing this philosophy, the ad hoc committee will be working with a range of preserve users, potential users, and neighbors in the formulation of a trail use plan for Study Area 2. The ad hoc committee will be asking for participation on a task force from preserve users who have exhibited an understanding of the District's mission and philosophy, and a respect for the necessary rules and regulations which govern the use of the preserves. A familiarity with the planning process to develop the Trail Use Plan for the remainder of the preserve is not necessary, but appreciated. Most importantly, participants should be willing and able to hike in steep terrain, and need to make a commitment of time to the project. Sincerely, Mary Davey, President Board of Directors cc: Board of Directors Michael and Jain Light MCD/mdb ��ra 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,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton RESPONSE ACT109 PROPOSED 3Y STAFF 3o1rd Prea Bent Ac iaovleC;e/ReaPoad Director Ac inovled;e/3ra 7ond S u!! Acknovled;e/Rea pond Draft Reayanae Attached August 28, 1997 S[aff to be Directed to prepare Draft Rea Ponca for 3oard Conslderatioo Per 3oard Dlrective(s) ResPapae Ye cep spry Board of Directors No Midpeninsula Open Space District 330 Distel Circle Re: Purisima Creek OSP Los Altos, Ca 94022 Dear Board members; Yesterday, August 27, 1 had a dangerous encounter with a biker on the Whittemore Gulch trail near the lower junction with the North Ridge trail. I was hiking uphill on a section of trail where there is limited trail visibilty ahead when, a biker appeared so suddenly and at such speed that I barely managed to jump out of the way to avoid being hit. I don't know how fast he was going; it could have been within the 15 mile speed limit, but the curves don't permit that kind of speed with safety there. This was at 7:30 AM, a time that I hoped would not be popular with bikers, since It is not the first time I have experienced this kind of danger on that trail. Is the solution that I should give up any thought of hiking that trail? I certainly would not recommend the trail to anyone with young children or to less agile adults. Surely, you ought to be able to come up with a safer plan than the one you have adopted, giving bikers free reign of the trail. I don't think that simply putting up messages on the bulletin board urging bikers to use caution and consideration is an adequate safety measure. And by the way, if you want people to communicate with your office please put your address and phone no. on the bulletin board. Thank you, Robert R. Wilkinson 870 Parrott Dr. ;.:; San Mateo, Ca 94402-3253 Regional Open S ce DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATION Mr Robert R. Wilkinson 870 Parrott Dr. San Mateo, Ca. 94402-3253 Dear Mr. Wilkinson, Thank you for your August 28, 1997 letter regarding bicyclists in Purisima Creek Open Space Preserve, which the Board reviewed at their regular meeting last night. We are sorry to hear about your experience and we respect your desire to use preserve trails without encountering inconsiderate bicyclists. District rangers do patrol the trails and issue citations to cyclists who are found riding on closed trails or speeding. In response to your concerns, we will continue to have rangers patrol the trails as frequently as possible. The District is working to educate the public about proper trail etiquette. In addition, the Use and Management Committee of the Board will be reviewing trail use policies to ensure that all users have access to a wilderness experience. We will add your name to the mailing list so you will be advised when these meetings will occur and we encourage you to participate and be involved in the Board's discussions and decision making on this issue. In addition to the rangers' patrols, there is also a volunteer trail patrol program which helps to educate and inform visitors about proper trail use. We are always looking for new volunteers to be active in this education effort and would welcome your involvement. To get more information, please call Mr Paul McKowan at (650) 691-1200. We appreciate the time you took to write us about this matter. We further appreciate your patience and support as the District works toward making multiple-use trails successful. Sincerely, Mary C. Davey President of the Board MD/JE/gb 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 RESPONSE ACTION PROPOSED BY STAF- Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/9-pond Draft Response Attached ktf Staff to be Directed to Prepare D:afc Response for Board Consideration per Board DSractive(a) ` Board (:f rectors No Response Necessary Midpeninsu'_a Open Space Distric= We are part of a group of senior Peninsula residents who have enjoyed hiking or. the beutifui trails of the Bay Area for many years . For a long time we have appreciated the work your organization has done in developing and preserving these trails .We are writing you in the hope that something can be done to resolve what we consider to be a significant problem. Your South Skyline Region map shows two trails connecting Montebello Road to Black Mountain [ "Montebello Road" and "Waterwheel Creek Trail" ] for a hike of about two miles that looks very inviting. The problem is that no parking is allowed on Montebello Road, thus making these trails almost useless . Black Mountain can be accessed in different ways from the other side ,but we are interested in going from Montebello Road and returning to it . This cannot be done feasibly because we cannot park a car close to the trailheads . It should be pointed out that all along Montebello Road , from Stevens Canyon Road to the end,there are numerous places where parking for one or two cars would be possible without encroaching on the rights of the owners of private property. We are writing to you in the hope that you support our request for making some parking available near the trailheads at the end of Montebello Road .We also ask that you pass on this request to the proper authorities ,whoever they may be .We see not much point for your agency to mantazn these two trails unless reasonably easy access to them is possible . We would greatly appreciate your consideration of this matter ,and we shall be looking forward to a reply. This reply may be sent to any [or all] of the undersigned. Sincerely, —, A— /��e Luigi Luzzatti , 855 Berkeley Ave . ,Menlo Park,Ca . , 94025 Franklin Vaughn, 830 M l' o Oaks Ave . Menlo Park,Ca . , 94025 Betty Beckers , 383 Hedge Road,Menlo Park,Ca . , 94025 r 1 3 1991 Regional Open Space DRAFT RESPONSE PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Luigi Luzzatti 855 Berkeley Avenue Menlo Park, CA 94025 Franklin Vaughn 830 Menlo Oaks Avenue Menlo Park, CA 94025 Betty Beckers 383 Hedge Road Menlo Park, CA 94025 Re: Parking on South Monte Bello Road Dear Mr. Luzzatti, Mr. Vaughn, and Ms. Beckers: Thank you for your letter of August 28 asking that parking be made available near the Waterwheel Creek Trailhead on Monte Bello Road. The Board reviewed your letter at its regular meeting last night. I apologize for the delay in responding to your letter, as our September 10 meeting was canceled. The Board has been aware of the need for parking in the south Monte Bello Road area for many years. Establishing public parking along Monte Bello Road is particularly challenging because of the tortuous nature of the road and the concerns of local residents about additional traffic. As an interim measure to accommodate members of the public such as yourselves, the Board has directed the establishment of a public permit parking arrangement at the Waterwheel Trail trailhead on Monte Bello Road. The parking will be limited to a maximum of 10 cars per day. Permits will be available at no cost by calling the District administrative offices. Before the parking can be made available, the installation of a second gate is required to prevent the possibility of driving from the parking area into the preserve. Gate installation has been delayed due to the heavy staff workload entailed in preparing the preserves for an anticipated wet winter. We expect the gate to be installed by January, 1998, at which time permits would be available. Thank you for you your letter. We are glad that we are able to give a positive response, and ask for your patience for just a few more months. Sincerely, Mary Davey, President Board of Directors MCD/ra 4v4fv 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,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera!Manager:L.Craig Britton -?O/nx 11-7�4 71 V � O-K 2 P Z/6aassaasy aruodsay op ��1�r�2-�--f,'Y7 — � �� _ � P13 / aid u077e2ap;suo3 pasoy ao; arnodsiy a;rap said-;d op paaasa Tp oq oa �Jea3 pagaeaay •suodsay a)eap puod ciy�aBpaTeo UAZV ;;aa5 / n puod s:y�afpsTnou�aY ;oaaraTp s y V puodssylafpol". , aupTriad paaoy 53Y13 12 0350dola NOIloy 35sOd53y i �FR, E s1�y I .- `�, o�,� �� - , ��rz � r����r� 'gym ;�v� � �� - �"� �„{+� + iron;rvj ,,1� , G�� " � p a5 � ate'/ ���9j C� �'�D' z�>r �' �y a�� �w� C'yn >v�y� ' ,y Regional Open Ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Suzanne Campodonico 120 Pine View Lane Menlo Park, CA 94025 Re: Dog Access to Trails; Clean-Up Dear Ms. Campodonico: Thank you for your letter of August 27 expressing appreciation for dog access and outlining ideas to encourage people to clean up after their dogs. Your letter was reviewed by the Board at our regular meeting last night. I apologize for the delay in responding to your letter as our September 10 meeting was canceled. The Board has worked hard to establish a thoughtful approach to dog access based upon a dialogue with all concerned. Ideas and assistance from users such as yourself are always appreciated., Your idea about waste bag dispensers has been investigated by staff and considered by the Board's Use and Management Committee. Other agencies which have used these dispensers have reported mixed results. There is also concern that they are incompatible with an open space setting, and that it is impractical for the District to provide containers to put the waste in, and unrealistic to expect most people to take it with them. At Windy Hill, the District's interpretation of the clean-up requirement is that waste must be moved off the trail, and that removal in bags is desirable, but not required. We agree that there needs to be more specific and visible signing regarding waste clean-up and other dog-related rules, and such signing is being developed. Thank you again for your letter. We are glad you enjoy the opportunities for dog access. Sincerely, Mary Davey, President Board of Directors MCD/ra 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 i Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton RES?ONSE ACTION PROPOSED BY STAFF Board President Acknowledge/despond Director Acknowledge/Respond Sta!f Acknowledge/Respond Harry H. H a e u s s l e r, J r. Drat Response Attached 10 9 A Sta!f to be Directed to Prepare Draft 7`t H i gh l a n d s C i r c l e Re,a,in,e C,n,ider,cion Per L o s Altos, CA 94024 Boar Df;ect e(s) No Response Necessary August 19, 1997 Board of Directors, MROSD 330 Distel Circle Los Altos, CA 94022 At your last meeting I brought up the subject of Mace and Pepper Spray being carried by those who felt protection necessary while in your preserves . I noted that your Land Use Regulations, Section 403 . 1 prohibited air and gas weapons . John Escobar, Operations Manager, stated that when the regulations were made up, only BB and pellet guns were considered as air and gas operated. He went on to state that Mace and Pepper sprays were not considered at that time. At this point, use of the microphones diminished and I was unable to hear exactly what Mr. Escobar stated as to the carrying of Mace and/or Pepper sprays for self protection. In any event, I would like a letter stating your policy re- garding the carrying of Mace and/or Pepper spray for self defense in or on open space lands under your control . Further, under present conditions, I feel it behooves you to broadly and continually publicize your position in regard to Mace and Pepper spray self defense items being carried on your open space lands . n Harry H. Haeussler, Jr. - I Regional Open ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr Harry H. Haeussler 1094 Highlands Circle Los Altos, Ca. 94024 Dear Mr. Haeussler, The District's Board of Directors considered your letter of August 9, 1997 regarding the carrying of mace and/or pepper spray on District preserves at their September 24, 1997 regular meeting. Attached is a copy of section 12402 of the Penal Code, which defines"Tear gas weapons,"and section 12403.7 which covers the"Possession (of tear gas weapons)for purposes of self-defense." The intent of District ordinance 403.1 is to cover projectile weapons (firearms, slingshots, bows and arrows, etc.),which are specifically not covered under penal code section 12402, which defines tear gas weapons. Thus, there is no conflict between the penal code section permitting the possession of tear gas weapons,for self-defense,and the District's ordinances. It should be noted that there are strong penalties for the misuse of tear gas weapons and citizens should give consideration to these penalties prior to carrying and using these weapons. It is not the District's intent to promote the carrying or use of any weapons on District preserves. We appreciate the time you took to write us about this matter. We further appreciate your concern for the personal safety of District visitors. Sincerely, Mary C. Davey President of the Board MD/JE/gb Celebrate 25 Years of Open Spate Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1"7• 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.Smemoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open .ice - 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-135 Meeting 97-27 September 24, 1997 AGENDA ITEM I AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve to Confirm the Closure and Restoration of Priest Rock Bypass Trail (also known as Moody Trail) GENERAL MANAGER'S RECOMMENDATION i `•.—I Adopt the amendment to the Use and Management Plan for the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve to confirm the closure and restoration of Priest Rock Bypass Trail (also known as Moody Trail) DISCUSSION At your August 13, 1997 Regular Meeting, you tentatively adopted an amendment to the Use and Management Plan for the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve (see report R-97-118). The amendment confirmed the closure and restoration of the Priest Rock Bypass Trail (also known as Moody Trail). Final adoption of this item was deferred until your September 24, 1997 meeting to allow time for public comment. To date, staff has received no additional public comment on this matter. Prepared by: Julie C. McCullough, Open Space Planner Contact Person: Same as above 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 Regional Open .'. . .ice 1 R-97-139 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-27 September 24, 1997 AGENDA ITEM _2 AGENDA ITEM Proposed Addition of Augustine MacDonald Trust Property the 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 Augustine MacDonald Trust property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached mao This 169.30-acre property being considered for acquisition is located south of Almaden Reservoir, between Herbert Creek and Mt. Loma Prieta. The property (Santa Clara County Assessor's Parcel Number 562-21-07) lies on the east side of a prominent ridge that descends from Loma Prieta Road down to Twin Creeks. This is an important acquisition because it protects valuable wildlife habitat and scenic lands within the Bay Area Ridge Trail corridor, and may potentially provide a segment of connecting trail between the Loma Prieta ridgetop and Almaden Quicksilver County Park. Situated on the slopes above Barret Canyon, the property is highly visible from District lands adjacent to Alamitos Road and Loma Prieta Road. The property is bounded by District open space land to the west and private property to the north, east, and south. The District's Sphere of Influence boundary lies on the eastern edge of the parcel. An unsurfaced overgrown road provides limited access to the upper northwest corner of the site. At one time, the road extended from Twin Creeks up to Loma Prieta Road but is believed to be currently impassable. There are no improvements on the property. 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-97-139 Page 2 The property is characterized by two prominent ridgelines and rugged sideslopes that drop off steeply into Barret Canyon. The main north-south ridgeline is located along the west boundary of the parcel; a secondary ridge descends from the main ridge eastward into the center of the property. Vegetation types are largely comprised of chaparral and scrub oak on the upper slopes and patches of dense forest along tributaries above Barret Canyon. There are a few scattered douglas fir trees near the lower elevations. 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 its 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 upon 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: Designate as a 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. R-97-139 Page 3 CEQA COMPLIANCE Project DescrW ion The project consists of the acquisition of a 169.30-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 Use and Management Plan for the property. 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. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interest 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 169.3-acre single parcel site is $67,720.00 or$400 per acre. This price has been determined to be fair and reasonable based upon real estate market activity of very remote lands in this area. An Addendum is attached to the District's standard Purchase Agreement. The Addendum is a requirement of Wells Fargo Bank, one of the trustees for the property, and they require inclusion of this Addendum on all property transactions for liability protection from properties they have never seen or inspected. Two key provisions of the Addendum are: R-97-139 Page 4 1. The property is being purchased by the District on an "as-is" basis and the District is relying solely on its own inspections of the property. 2. Title shall be conveyed by an executed Quitclaim Deed. The Title Company has reviewed the Trust document and will issue a policy title insurance for the subject property to the District based upon conveyance by Quitclaim Deed. BUDGET CONSIDERATIONS 1997/1998 Budget for Land Acquisition New Land $12,700,000 Previous Acquisitions (2,695,000) Trust Acquisition proposed on this agenda _(67.720) Acquisition Budget Remaining S 9.937.280 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 RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT AND ADDENDUM THERETO,AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF QUITCLAIM 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 AUGUSTINE MACDONALD TRUST, 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 and Addendum Thereto between the Augustine MacDonald Trust et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to$1,000 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 Districts general fund will be reimbursed in the amount of$67,720 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-team 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 Districts official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. MIDPENINSULASAEGIONAL OPEN *PACE DISTRICT SIERRA AZUL OPEN SPACE PRESERVE 1600 »>:<:»i i;>.:»:.,. , .. 1200 s..;, •p Fl f:,• ,, iii:;,+,:.......:.................. , !�-_ '�_ v�::; L_...— 2860 / bald / f ' Mountain� _ --• •....>:k:>:«::,. :_� i I ::<�FiS:S•%'FtiF:2k<k:t:v ' � .. , :' �iiiiii}:iiiisii:�ii iii;i:�ii i::Fii+..:: , t• ,J ,_- /'l �.....') S,ct?::k�':fi��stss:itatts:•:. 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One de M \• EXHIBIT A: SITE MAP SEPTEMBER 1997 mcdnld.ai PURCHASE AGREEMENT t Robert B�ritzof C.N. Lynch and rN This Agreement is made and enter into y an e 6ennWELLS FARGO BANK as Trusteesfor the Augustin MacDonald Trust, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. nirchase and Salle. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred sixty-nine and three tenths (169.3) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-21-007. Said property being further described in the Legal Description attached to Preliminary Title Report number 00205890-A from Golden California Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Sixty-Seven Thousand Seven Hundred Twenty and 00/100 Dollars ($67,720.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. Agreement to Purchase Real Property page 2 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 10 herein, an escrow shall be opened at Golden California Title Company, 1875 S. Bascom Avenue, Suite 2445, Campbell, CA 95008, (408) 558-1500 (Escrow number 00205890-A (PB)) 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 h rein provided, with the following terms and conditions to apply to said escrow: M( 1j W11 October, 3, 1997 (a) The time provided for in the escrow for the close thereof shall be on or before August 3 1, , 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: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Sixty- Seven Thousand Seven Hundred Twenty and 00/100 Dollars ($67,620.00). (e) Seller shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. Agreement to Purchase Real Property Page 3 (f) Seller shall cause Golden California 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$67,720.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, and (ii) exceptions 2 through 4 as shown on said Preliminary Report (Exhibit A). (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. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 at sue. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. Agreement to Purchase Real Property Page 4 6.01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6.02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6.03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integer of Pronertv. 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 any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. (a) Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (b) Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, each of which is material and is being relied upon by District: Agreement to Purchase Real Property Page 5 (i) Seller has no knowledge of 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 to the best of Seller's knowledge; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements 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. Agreement to Purchase Real Property Page 6 (c) Conditions of the Promrty. Except as otherwise expressly provided in this Agreement, District is acquiring the Property "AS-IS," without any covenant, representation except as otherwise provided or warranty of any kind or nature whatsoever, express or implied, and District is relying solely on District's own investigation of the Property. 9. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of 1987 (Public Law 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. 10.01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 10.02 Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 10.03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any con&tion that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 10.04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to bf; cumulative with and in addition to any other Agreement to Purchase Real Property page 7 rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10.05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this 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: Wells Fargo Bank as Trustee for the Augustin MacDonald Trust c/o Thomas C. Thatcher Hamilton, Cohn, Thatcher & Associates 8393 Capwell Drive, Suite 100 Oakland, CA 94621 (510) 562-4490 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton General Manager (415) 691-1200 FAX: (415) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 10.06 Sey,erability. 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 Agreement to Purchase Real Property Page 8 jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 10.07 Countemarts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 10.08 Waive . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 10.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 10.10 Time of Essence Time its of the essence of each provision of this Agreement in which time is an element. 10.11 Survival_ of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 10.12 AssiL7nm ant. 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. 10.13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 10.14 Bi- ndinL7 on Successors andAysjgns, 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. Agreement to Purchase Real Property Page 9 10.15 Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. Seller shall not be responsible for any real estate commission or other related costs or fees Ln this transaction. District agrees to and does hereby ind emnify and hold Seller 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 District in connection with this transaction. 10.lb Capfions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 10.17 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the sinaar, andV�er , any gender shall include all other genders as appropriate. ' c � C�,"Provided ber12, 19971�c-k *� �/Its Septem1997 11. Ac21a that this Agreement is executed by Seller and delivered to District on or before , District shall have until midnigh 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. 1\\ \11 Agreement to Purchase Real PropertyPJrop jerty / 1 Page 10,�t,,�/'-� 4L 4'! '�C10 ►'�D'l�nr�n 1 3 M4onC p�+" c(. �J CartT'P•tit� /<- J IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be vl. executed by their duly authorized officers to be: effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN WELLS FARGO BANK, N-A SPACE DISTRICT, a Public District A Co-Trustee for the Augustin MacDonald Trust y � q�An1EP.FArRF,.i AWART VICE Pig SIDE-!! APPROVED AS TO FORM: (signature) Sue Schectman, District Counsel ( ame - please print) VICE PRESIDENT FD FOR APPROVAL: Date: 5 L. Craig gritton — General Manager Robert Beritzh f, o- rustee APPROVED AND ACC�PTFD: President, Board of Directors ATTEST: C.N. Lynch, Co-Trustee District Clerk Date: R AiL GOLDEN CALIFORNIA T I T L E C O M P A N Y PRELIMINARY REPORT Issuing Office: 1875 S. Bascom Ave. , Suite 2445 Campbell, CA 95008 (408) 558-1500 APN: 562-21-7 ESCROW NO. 00205890-A (PB) Dated as of April 23, 1997 at 7:30 am. ESCROW OFFICER: Pete Borello In response to the above referenced application for a policy of title insurance GOLDEN CALIFORNI.-,,TITLE C011P.',`'Y hereby reports that it is prepared to issue or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. 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 in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of mat- ters which are not covered underthe 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 HERETO)IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSUR- ANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Standard Extended The form of policy of title insurance contemplated by this report is: Coverage Coverage 1. California Land Title Association Standard Coverage Policy 0 2. American Land Title Association Owner's Policy 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy 5. Other f VTC•216(REV. 1/%) PC/dg EXHIBIT 04-23-97 00205890-A page SCHEDULE A 1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SEE EXHIBIT A 3 . THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, AND IS DESCRIBED AS FOLLOWS: Lots One ( 1 ) , two ( 2) , seven ( 7 ) and eight (8) of Section Twenty-two ( 22 ) , Township nine ( 9 ) , South Range 1 E . , M.D. B.& M. . EXHIBIT_fi Page 00205890-A page 2 EXHIBIT A WELLS FARGO BANK, formerly the Wells Fargo Bank American Trust Company, C. NOEL LYNCH and A. ROBERT BERITSHOFF, in trust for the uses and purposes and upon the terms and subject to the conditions set forth in decedant ' s Last Will and Testament , dated October 12, 1957 and in the Codicil thereto, dated December , 1957, AUGUSTIN S. MacDONALD, also known as Augustin MacDonald, also known as Augusta)) Silvester MacDonald, also known as A. S. MacDonald, also known as Augustin MacDonald, also known as Augustin S. MacDonald, also known as Augustin Silvester MacDonald, also known as A. S. MacDonald, deceased, as set forth in the Decree of Distribution made on July 27, 1962 in the Superior Court for Santa Clara County, in the Matter of the Estate of said Decedent , Probate No. 146382, a certified copy of which is recorded in the office of the Recorder of the County of Santa Clara, State of California on February 8 , 1963 in Book 5897 of Official Records, at page 676 TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DECREE SETTLING FIRST ACCOUNT OF EXECUTORS AND FINAL DISTRIBUTION, a certified copy of which was recorded February 8, 1963 in Book 5897 of Official Records, page 676 , DATED : July 27 , 1962 INSTRUMENT NO. : 2343662 DOCUMENTARY TRANSFER TAX: $-0- EXHIBIT'_, Page . .� : 00205890-A page 3 SCHEDULE B A*t the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1 . Taxes for the fiscal year 1997-1998 a lien, but not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3 .5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1 , 1975 . 3 . "Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs, used in connection with such water rights as may be recognized and acknowledged by the local customs, laws, and decisions of courts, and also subject to the rights of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law' , recorded June 28 , 1912 in Book G of Patents, page 407 . 4 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Pacific Telephone and Telegraph Company (No representation is made as to the present ownership of said easement ) Purpose: communication facilities -and other appurtenances, ingress and egress Recorded: April 6 , 1971 Book 9281, page 525 of Official Records . The exact location and extent of said easement is not disclosed of record. ` Reference is made to the record thereof for further particulars. (Cont' d on next page) EXHIBIT_/�, Paqe�Of 00205890-A page 4 5 . Terms and provisions of that certain Trust Agreement referred to by the vesting herein and the effect of any failure to comply therewith . "The requirement that a Certification of Trustee be furnished in accordance with Probate Code Section 18100 .5 . 0 END OF SCHEDULE B NOTE 1: Taxes for the fiscal year 1996-1997 have been paid. Assessor ' s Parcel No . 562-21-007 . Code 72-007 . First Installment $208 . 16 . Second Installment $208 . 16 . ( Full Cash Values: Land $16 ,956 .00) NOTE 2: If this Company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts. The mandatory hold period for cashier 's checks, certified checks and teller ' s checks is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. NOTE 3: If a 1970 ALTA owner ' s or Lender ' s or 1975 ALTA Leasehold Owner 's or Lender 's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors , rights laws, that is based on: ( i ) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance orfraudulent transfer ; or ( ii ) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or ( iii ) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure : (Cont' d on next page) EXHIBIT_ Page 00205890-A page 5 (a ) to timely record the instrument of transfer ; or ( b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor . Owner 's Policy Exclusion: Any claim, which arises out of the transaction vesting in the Insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that is based on: ( i ) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer ; or the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor . NOTE 4: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within five years prior to the date of this report are as follows: NONE (Last insured date: None) EXHIBIT Page Hof Ns+!?►vt,�t"rr•a".,...rkr-,�.y,t:'!'...•�.,.,..,,;wis'•e+'::,-�..ai,, rec;a:•w.7"X• ... - _ _ .. C AL M `FOR .RACOUssTYi pFFICE OF COVMTVASSESSOR � ••-$AACl./� 93 - 94 G O sr.0 T.9 S.,R.l E. 03 zz ct R.O.S. sus/a o 1(au:-a z I(a=T•Ld 3 I do :Oa ass (aLTIAC) 4 I zo.sa.n..0 yy.ta ' (,ST 9a AC) . . • REGIONAL OPEN SPACE DISTRICT Y ID PENiNS U L A I �— �w 1 •9ac� 9 �: `(.1 4AC) 5 (<Lsa+d 6 2 ` I J29.Sp AC.TOTAL � t -_2 I .. :(.:.Iscd 9 �Si •Z'a:.:sxD 10 1 —L L `�c z.e+c) •v (a:.:6AC) 12 i(<:.:6+� I t •>ao I57 94 1c3.10 K.TOTFL (IG).10 At. TOTAL) I ' 6 i .AIOPENINSULA REGIONAL STRICT OPEN t(YJ1W IS i(aC?iK) 16 SPACE 01 I 9 1(ac]94 14 1 , r:Ugeo va 20 cc.11 m,w AL, Eu E.c� _.. �( SON REAL ESTATE PURCHA U NTRACT The Purchase Agreement executed by Robert Beritzhoff, C. N chi Anq leliS F edrno Bank, N.A. as trustees for the Augustin MacDonald Trust, 1VNCW ' The-C ea ors ea -©e osit orm D1F-14► ('A Feeme+t=1r, to which this Addendum is attached and incorporated into by this reference, is hereby modified and amended as follows, notwithstanding any provision of the Agreement to the contrary: 1. an a commission, (a) the amount specified by the Court approving the subject sale, or of the selling price, if during the listing period or any extension thereof (both parties in' ' . a) broker (open listing) (b) any broker (exclusive agency listing) anyone (exclusive right to sell listing) procure(s) a buyer on the terms st is listing agreement or any other terms acceptable to Wells Fargo Bank, N.A., in its fid pacity. The commission shall be earned and payable, as specified by the Court approving t ject sale or as agreed upon, only on the close of escrow and recording of the deed. Any fee or com -ion due to any other broker in connection with the sale shall be paid by Broker prior to or concurrently es , mis i ca 2. PAYMENT OF PURCHASE PRICE: The purchase price shall be paid all in cash. 3. BUYER' orized7o-aceept-buyeF's-de_posit-only-as-buyer`s-agent--until-aeeeptenee-of:she offer by Wells Fargo i uciary.capacity.. Buyer's depo— sit shall be in >h of a:cashier' checkbls-to4#e-eFdeF of-the escrowcomperW."CLJ 4. CONDITION OF TITLE/TITLE INSURANCE: Title will be subject to the exceptions shown on a reliminary title report. Evidence of title will be a California Land Title Association (CLTA) standard policy of title insurance to be paid for by ,Buyer Seller. Wells Fargo Bank, N.A., in its fiduciary capacity, shall execute a quitclaim deed only. If for any reason whatsoever title in the manner set forth herein cannot be conveyed by Wells Fargo Bank, N.A., in its fiduciary capacity, Wells Fargo Bank, N.A., in its fiduciary capacity, shall have the right to withdraw from the transaction, and shall be released from all liability hereunder. 5. _ (CHECK IF APPLICABLE! PROBATE SALE: This is a probate sale subject to the provisions of the Probate Code and the Probate Court having jurisdiction over the Property and is subject to overbid and court confirmation. Failure to obtain Court approval will render this Agreement null and void, without any liability by Wells Fargo Bank, N.A., in any capacity, and the Deposit will be promptly returned to Buyer. Wells-Fargo Bank' N.A.,-in its fiduciary capacity, and attorney for the estate reserve the right to accept or reject any offer. The payment of commissions will be determined by the court. 6. EXCULPATION OF WELLS FARGO BANK, N.A.: It is understood and agreed by Buyer that Wells Fargo Bank, N.A. is executing this agreement in its fiduciary capacity only and Wells Fargo Bank, N.A., in all capacities, and Wells Fargo Bank, N.A.'s affiliates, shareholders, officers, directors, employees and agents are not and shall not be liable hereunder, directly or indirectly, except for willful misconduct, under or by execution of this Agreement. The rights and claims of Buyer as against Wells Fargo Bank, N.A., in any capacity, shall be limited exclusively to such rights as Buyer may have against the trust or other estate or entity represented herein by Wells Fargo, Bank, N.A. Any liability of Wells Fargo Bank, N.A., in any capacity (including without limitation Wells Fargo Bank, N.A.'s shareholders, officers, directors, affiliates, agents, and employees) to Buyer or any other person shall be limited to the interest of the trust or other estate or entity represented herein by Wells Fargo Bank, N.A. in the Property. Buyer or any other person claiming through Buyer agrees to look solely to such interest for the recovery of any judgment against Wells Fargo Bank, N.A., in any capacity. It is the intent of the parties that neither (a) such trust or other estate or entity represented herein by Wells Fargo Bank, N.A., (b) its trustees or beneficiaries, nor (c) any other assets of such trust or other estate or entity represented herein by Wells Fargo Bank, N.A. or its trustees or beneficiaries shall be liable for any such judgment. Buyer hereby irrevocably and unconditionally releases and forever discharges Wells Fargo Bank, N.A., in all capacities, and its affiliates, shareholders, officers, directors, employees and agents ('Releasees"), from all liabilities, claims, rights, damages, losses, and expenses, including attorneys' fees, of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, which it now has or claims to have, or at any time heretofore had or claimed to have, against the Releasees arising out of or related to the Property or the physical condition of the Property, including, without limitation, the content or accuracy of any report, study, opinion or conclusion of any person or entity who has examined the Property or any aspect thereof. BUYER EXPRESSLY WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: 'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.' 7. APPROVALS: The obligations of Wells Fargo Bank, N.A., in its fiduciary capacity, under this Agreement are expressly contingent upon obtaining court approval, if required, and approval of the required management persons or committee at Wells Fargo Bank, N.A., and all other owners of interests in the Property, if any. 8. AMENDMENTS: This Agreement cannot be aftered, amended or modified in any way except in a writing signed by the party against whom such enforcement of such alteration, amendment or modification is sought. 9. (CHECK IF APPLICABLE] MULTIPLE OWNERS: The undersigned other owners each agree to perform in accordance with this Agreement. In the event any such other owner fails to perform his, her or its obligations under this Agreement, such defaulting other owner agrees to hold harmless and indemnify all other owners for and against any and all claims, liabilities, or expenses of any kind whatsoever which such other owners may incur as a result of such failure to perform. 10. FINANCING WITH WELLS FARGO RANK. N.A.- Buyer ; a:= ,F"�.; dots intani to `.irw;;:.o Zhu purchase of the Property through Wells Fargo Bank, N.A. Buyer agrees to inform Wells Fargo Bank, N.A. of any change in financing plans. If financing is ultimately obtained througt 'Weft Fargo Bank, N.A., this sale is contingent on approval of such financing by appropriate parties. 11. ACCEPTANCE BY WELLS FARGO BANK, N.A.: This offer will be null and void, and the Deposit shall be returned to Buyer, if not accepted by Wells Fargo Bank, N.A., in its fiduciary capacity. Buyer's offer and the acceptance hereof by Wells Fargo Bank, N.A., in its fiduciary capacity, will constitute the sale agreement ('Sale Agreement')• 12. ADDITIONAL TERMS AND CONDITIONS: This Agreement is subject to the fol owing terms and condid": (a) The Property, including all fixtures and any personal property, Is bekq purchased by Sayer in its 'A$ IS' condition, without any express or implied warranties. Buyer waives any and of obligations or daims based on any patent or latent defects. Any documents or information furnished to Buyer is furnished as a GA&u 6939bonusctVKs&dd 1 e/1"? courtesy only and is rhed without any warranty or repres*to n whatsoever. Buyer hereby represents that Buyer t— _uyer's agent has inspected the Property full extent deemed appropriate and is satisfied with and accepts its condition, including without limitation all matters relating to land use restrictions, structural matters, soil conditions, hazardous materials and environmental conditions. (b) Buyer has not relied on any acts, including any written or oral statements, by Wells Fargo Bank, N.A., in any capacity, or any person acting on Wells Fargo Bank, N.A.'s behalf, in submitting Buyer's offer, but rather has relied solely on his, her or its owr independent investigation of the Property. (c) Buyer agrees to accept title to the Property subject to any and all covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements of record, if an and any unpaid taxes not delinquent at close of escrow. Any special assessments or bonds will be: an by Buyer without offset or I ) paid by Wells Fargo Bank, N.A., in its fiduciary capacity. (d) Rental income, deposits, taxes, and any other related items will be prorated as of the date title to the Property is transferred to Buyer. Buyer w 11 pay the cost of any termite report or repair work and all closing costs of this transaction, except transfer taxes, unless such taxes are customarily paid by Buyer in the county where the Property is located. Buyer is respons' a fop btai ing all insurance coverage Buyer deems appropriate upon close of escrow. 15 PACLJ �.� f{��- Olt", (e) Buyer will establish an escrow, su ct to the approve Wells Fargo Bank, N.A., in its fiduciary capacity, to close on or before.Wdays after acceptance hereof by Walls Fargo Bank, N.A., in its fiduciary capacity, or, if applicable, after court confirmation of sale. (f) Possession of the Property will be delivered to Buyer (9 on close of escrow or (b) not later than days after close of escrow or (c) (g) If sale cannot be completed by reason of any default by Buyer, Wells Fargo Bank, N.A., in all capacities, will be released from any and all obligations hereunder and may proceed upon any claim or remedy which it may have in law or equity; provided, however, that by placing their initials here Buyer ( ) and Wells Fargo Bank, N.A., in its fiduciary capacity, ( ) agree that Wells Fargo Bank, N.A., in its fiduciary capacity, will retain the deposit as its liquidated damages. If the Property is a dwelling with no more than four units, one of which the Buyer intends to occupy as his or her residence, Wells Fargo Bank, N.A., in its fiduciary capacity, will retain as liquidated damages the deposit actually paid, or an amount therefrom no more than 3% of the purchase price, and promptly return any excess to Buyer. If sale cannot be completed because of the inability of Wells Fargo Bank, N.A., in its fiduciary capacity, to convey title; Buyer will be released from any and all obligations hereunder and the Deposit will be promptly returned to Buyer. 13. GROSS/NET: This offer is a: 1 1 Gross offer, subject to the commission indicated above. >< Net Offer, Buyer holding Wells Fargo Bank, N.A. harmless should any commission arising out of Buyer's actions become subsequently payable. Broker agrees to look solely to Buyer for compensation. Signature of Broker: 14. DISCLOSURE: California Civil Code §1 102.1 states that the article requiring the statutory Real Estate Transfer Disclosure Statement specified in Civil Code §1102.6 does not apply to '(d) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust.' WELLS FARGO BANK, N.A., in its BUYER: fiduciary capacity as _RUSTES By:. }1rq'wp ftfRr� Buyer's Signature Title: IiRS13iiUF{VIGE-Pi . Title: MAUREEN C. McCARTIN Buyer's Signature PRESIDENTVICE Dated: / I` ' �. }�' / � Dated: OTHER OWNERS: uftAztr� Robert Beritzhoff C -T stee C.N. Lyn /h, Co-Trustee o:\au_e s 3 s\contraet\"add 2 Regional Open : ice R-97-143 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-27 September 24, 1997 AGENDA ITEM 3 AGENDA ITEM Tentative Adoption of an Amendment of the Skyline Ridge-Open Space Preserve Use and Management Plan to Install a Restroom, Authorization PurchAse Three Restrooms for Skyline Ridge, Monte Bello, and Windy Hill Open S Prenops GENERAL MANAGER'S RECOMMENDATIONS 1) Determine that the following actions are categorically empt from the California Environmental Quality Act. 2) Tentatively adopt the amendment to the Skyline Ridge Open Space Preserve Use and Management Plan for the installation of a permanent restroom near the Nature Center. 3) Determination that the restroom # SSV110 is a unique and novel product application required to be used in the public interest, and authorize Restroom Facilities, Inc. of Reno, Nevada as the sole source provider. 4) Authorize staff to purchase three (3) pit toilet restrooms from Restroom Facilities of Reno, Nevada for Skyline Ridge, Monte Bello, and Windy Hill Open Space Preserves at a cost not to exceed $50,000. DISCUSSION The District currently has nine permanent restrooms at various locations throughout the District which have all been purchased from Restroom Facilities of Reno, Nevada. The existing structures are rustic pre-fabricated wood buildings, with underground holding tanks, and contain chemical-recirculating toilets. Staff has been experiencing problems with the chemical toilet system and manufacturer over the past few years. Maintenance of the recirculating toilets is extensive, resulting in the frequent closure of restrooms for extended periods of time for repair. In addition, the existing toilets are difficult to clean and often create odor problems. As a result, the most recent District restroom, which was installed at the lower end of Purisima Creek Redwoods in 1995, is a pit toilet (see report R-94-127). The Board also authorized staff to convert the existing chemical recirculating toilet at Russian Ridge Open Space Preserve to a pit toilet (see report R-95-59). This retrofit will occur within the next month. Staff is extremely pleased with the operation of the pit toilet at Purisima Creek. The toilets are easy to clean, easy to maintain, and nearly odor-free. In addition, staff has Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 a Phone:650-691-1200 • 1972-1997 • FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org ID 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-97-143 Page 2 received complaints from the public. Historically, pit toilets have had consistent problems with regard to odor. However, significant advances in the design of pit toilets have nearly eliminated the odor problems. Staff obtained permission from San Mateo County Environmental Health Department to install the pit toilet at lower Purisima and from San Mateo County Building Department to convert the Russian Ridge restroom to a pit toilet. Staff does not anticipate a problem obtaining permits from the appropriate agencies for these proposed locations. Restroom Facilities has updated their building design to improve the construction process. The new buildings are shipped fully assembled with a steel structural building frame to alleviate the potential for warping. The sides are made of a fiber-reinforced concrete which, when painted, gives the appearance of wood-grain. The appearance of the buildings is slightly different from the existing structures (see attached exhibit). The total cost of the new building and vault provides financial and staff time savings. Historically, the District has purchased the toilet, building, and vault from separate manufacturers and field staff has been responsible for the assembly and construction. The cost of the old restroom system is approximately $19,000. The new buildings being proposed by staff cost approximately $15,000 including installation. The new pre-fabricated restrooms are being proposed for the following preserves: Skyline Ridge, Monte Bello, and Windy Hill . aline Ridge With the increased use of the nature center and placement of the picnic area, Skyline Ridge needs a permanent restroom located close by. Currently, there is a portable restroom which was installed at the start of the Spaces and Species program in April 1996, to accommodate the students. The closest permanent restrooms are located in the Russian Ridge parking lot and the Skyline Ridge parking lot. Staff recommends installing a permanent restroom at this location to eliminate the cost of renting the portable unit and to reduce the amount of pumping needed. Monte Bello In 1984, the Board approved the Comprehensive Use and Management Plan for Monte Bello Open Space Preserve which included approval for a backpack camp facility at Black Mountain, including a restroom. Initially, a chemical recirculating toilet was installed at the camp with a wood building. At the time, an underground storage vault was not installed and as a result frequent pumping was required. This toilet receives a great deal of use both from R-97-143 Page 3 the backpackers and from visitors using the trail system. The chemical recirculating toilet has since broken and a portable unit has been brought in to accommodate visitors. Staff would like to install a new pit toilet and vault in this location to restore the permanent restroom, reduce the frequency of pumping, improve the maintenance, and eliminate the rental cost of the portable unit. Windy Hill In 1988, the Board approved the Comprehensive Use and Management Plan for Windy Hill Open Space Preserve which included approval for a chemical recirculating toilet near the Spring Ridge picnic area (see report R-91-71). In 1994, the Board authorized staff to purchase a wooden restroom for the picnic area from Restroom Facilities. The building purchased for the Windy Hill area is slated to be used for the Russian Ridge retrofit project. The new building system will be ordered for Windy Hill and installed this fall. Unique Product Determination Restroom Facilities provides a novel and unique product and can be determined to be the sole source for providing the required facility and not subject to competitive bidding because it provides the following features which are not available from other vendors: 1) The structure provided by Restroom Facilities is patented and cannot be purchased from any other source. 2) The facility can be easily moved to another location requiring only the expense of a new concrete pad and moving the structure. 3) The facility is constructed without a floor permitting it to be attached to a concrete base which has superior maintenance qualities than other flooring materials. 4) The total cost, including daily maintenance and long-term repair and maintenance, is less than other types of restroom facilities. 5) Restroom Facilities is a design/build firm which is able to turn-key the construction and installation of the restrooms. 6) Restroom Facilities can provide the specialized installation as a means of providing the owner with a five-year warranty. Staff is not aware of other sources which provide a similar product. R-97-143 Page 4 CEOA Compliance Project Description Theproject consists of installation of one pit toilet at each of the following preserves: Skyline Ridge, Monte Bello, and Windy Hill. C� Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Sections 15303 and 15304. Categorical Exemption Section 15303 - New Construction or Conversion of Small Structures The restrooms are considered new construction of small structures on District land. Categor-iW Exemption Section 15304 - Minor Alterations of Land The restroom installation will consist of minor alterations to the condition of the land. 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F}"r.•:> .7:;.:'as?%� 1 #sir.•}}}•••'' :............. r. .:�::::::::::.}•r•�•:•}}}:<•}:•:�... ..... ......�v.•::•::r•::::: •}.:...:.::}:..r::r r?• :rrif .{.:f..,:;.::::......r..e•:.>••} -` r •:r:•r f.{.r::,r.. ff. .r:..�nr•:r. •rr .fr r.r... ::..r.•i#.,, ::rPP:{}::r ':F:•:.::•r•}?::•;:%i?P X. ......r,....., /.r............::::;::..f �i'.t.......:...............:}:4:4'4:4:4:.....f..................•.r..:......... ,.. .......:::::.:.::•::.�::n.r, ::?. ::::.-:�::�:: (12/10/9s) 9'17/97 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 Long Ridge Open Space Preserve LOCATION MAP One Mile Trail Use Map Legend Hiking Only 1.0 H �r1 Hiking,Bicycling, Gate(#s) Trail Distance in Miles Ranger Facility Restroom Whole Access Parking Lot Other Public Lands Equestrian Trail Bay Area Ridge Trail Note: Creek Vehicle Driveway Nature Center Residence Handicapped Equestrian Parking No Public Entry Dogs are not allowed Parking Only Private or Leased Lands on this preserve ................... ?.......... . ... . ....— .... ..... 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X............. .......... . ............. sausalpon d ililiN.1,11.1 .................... .... ....... g 0. 1(XC .,qKdg0Traij :XX: .................... 2.�1 �� N 0� N inh ..... ry Trail ...... .............. 0 % .... .. .. N.. X ........... Am N ...... .. Hamms Gulch Tr 2 11' . .. ... .. N ...... ........... .14 ............. ..... ........... 0. , T, ............. PROJEC L TION:::, 0: CA 0.4 ............ > 20') voo ,f^ MRS ........... X 2 3_�- . ............... L . ............ .... ........... K .............. 0.4 x� X X. .11OX -!A ::N v X. R. LOCATION MAP 0.0 1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 (4/26/95) 9/17/97 %mmmi One Mile Map Legend Trail Use Parking Lot 1 0 Trail Distance in Miles ......... Hiking Only Roadside Parking 9-9 Gate(#s) —-— Hiking,Equestrian Driveway-Authorized No Public Entry — Hiking, Bicycling,Equestrian Vehicles Only K-11i Private or Leased Lands .............. Bay Area Ridge Trail Creek Dogs on Leashes Permitted Only on Designated Trails Regional Open . .ice 1 Lti 1�- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-142 Meeting 97-27 September 24, 1997 AGENDA ITEM 4 AGENDA ITEM Progress Report on Resource Management Projects. GENERAL MANAGER'S RECOMMENDATION Comment on and accept this informational report on a various resource management projects. BACKGROUND In 1994, the Board adopted the Resource Management Policies, and in 1996, the resource management specialist position was approved. A budget for resource management was allocated in fiscal year 1997-1998. The objective of the program is to protect and restore the diversity and integrity of District resources for their value to the environment and to people, consistent with the Resource Management Policies. To meet this objective on District lands, the resource management specialist coordinates with planning and operations staff, and uses consultants, interns, and volunteers to expand District staff capabilities. There a variety of projects, such as trail and road erosion, invasive exotic species control, and wildlife habitat restoration. DISCUSSION The following progress has been made on several key resource management projects outlined in the District's 1997-1998 Action Plan. The projects are diverse; both District-wide and site- specific, emphasizing research and development of new resource management methods. Grassland Management Implementation - Russian Ridge Open Space Preserve At your March 26, 1997 meeting (see Reports R-97-43 and R-97-56), the Board authorized staff to hire a consultant to implement the grassland management plan at Russian Ridge Open Space Preserve with a budget of $43,000. The objective of this project is to decrease the abundance of invasive exotic plants and restore native species representative of the coastal grassland prairie. TC4 w Sal 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-97-142 Page 2 Progress: In five months (April-August) the consultant has treated 24 acres of yellow star thistle-infested grassland. Monitoring efforts determined the species diversity in sites before treatments, and subsequent monitoring in following years will document change in species diversity after treatment. The results of this year's work is presented in the progress report prepared by the consultant, which is available upon request. Important findings include: (1) preserve grasslands are comprised mainly of exotic species; (2) all treatments, with the exception of herbicide, needed to be repeated; (3) all treatments reduced this season's seed crop of yellow star thistle in experimental areas, but restoration by reseeding may be the only viable option for protection of species diversity; (4) goat grazing had the greatest effect on grassland thatch reduction and proved to have the second lowest cost per acre only after hand- control and (5) continued control, reseeding, and a gradual decrease in soil disturbance is necessary for the enhancement of native grassland habitat at Russian Ridge Open Space Preserve. Planned actions: The District will continue working with the consultant as scheduled. Future efforts include: a controlled burn of areas treated this year, expansion of treatment efforts to other areas of the preserve, experiments with restoration techniques, and use of volunteers to seasonally collect seed on the preserve. In coordination with the grassland management efforts at Russian Ridge, the District will continue working with local agriculture advisory programs to monitor the effectiveness of biocontrol agents (i.e., weevils) at Fremont Older and Sierra Azul Open Space Preserves. Invasive Exotic Plant Inventory At your October 23, 1996 meeting (see Report R-96-109), the Board authorized staff to hire Tamara Kan, a consulting ecologist, to conduct an inventory of invasive exotic plants District-wide with a budget of$13,000. The objective of the project was to conduct a walk- through survey of District lands to map populations of invasive exotic species and develop a summary chart ranking management recommendations. Progress: The project was completed in February 1997, and provided a series of maps, detailed field notes, summary tables, and mitigation recommendations. The maps represent individual preserves with the invasive exotic plants depicted in different colors. The final report consists of two parts: one binder with a set of maps, and another binder with mitigation recommendations. This report is available upon request. The recommendations in the plan have been implemented by staff and other interested parties. Several projects are already underway. The California Native Plant Society has been eradicating populations of German ivy at Rancho San Antonio (progress report available upon request). District maintenance crews at each field office have scheduled one day per month to work on removal of broom species, R-97-142 Page 3 pampas grass, and fennel. The California Conservation Corps has started work on the removal of eucalyptus and acacia at Pulgas Ridge Open Space Preserve. Several volunteer projects have been coordinated to remove exotic species on District preserves. Planned Actions: The District will continue to encourage California Native Plant Society, California Conservation Corps, and volunteer groups to work with our staff on removal projects. Staff will be available to assist groups as schedules allow, however, additional efforts will be required if the objective is to eradicate invasive exotic species and not just control their spread. As recommended in Kan's report, a supervisor and volunteer force should be recruited. This group would focus solely on exotic plant removal. Organizations such as Golden Gate National Recreation Area and Habitat Restoration Team have successfully reduced many exotic plant populations by developing a strategic long-term plan utilizing volunteers. Rancho de Guadalupe Resource Assessment At your March 26, 1997 meeting (see Reports R-97-51 and R-97-52), the Board approved a $10,000 budget for the resource assessment at Rancho de Guadalupe in Sierra Azul Open Space Preserve. The objective of the project is to identify sensitive species and areas in order to help direct management decisions as to public access and experience for preserve users. One of the main attractions of the preserve is Cherry Springs pond. The pond is decreasing in size and becoming less visible as cattails encroach rapidly. This is a natural successional process, but poses a visual barrier for preserve visitors. Progress: Consulting ecologist Tamara Kan is in the process of conducting an inventory of sensitive species and areas, and developing recommendations for the long-term resource management of the preserve. The document will be available upon request after the completion of spring field surveys. Bob Smith, a California Department of Fish and Game wetlands specialist from Shasta County, is working with staff to develop various options for the management of the pond. Additionally, initial talks are underway with Ducks Unlimited for a potential partnership to enhance the habitat diversity and value of the pond. Planned Actions: The resource assessment will be a working document used to guide planning, development, and public use of the area. This process of planning can be tested and revised if the preserve is initially open only for docent-led hikes and educational purposes. Future study sessions and workshops with the public and Board members will help evaluate preserve management options and determine future priorities. Management of Cherry Springs pond will require a long-term commitment. Efforts will entail seasonal water level management, removal of cattail tubers, and controlled burns to reduce biomass. The pond may eventually create a good opportunity for docents to educate visitors about successional processes. Staff will also be collecting R-97-142 Page 4 data on topography and hydrology of the pond. Rancho San Antonio Open Space Preserve Habitat Restoration At your March 26, 1997 meeting (see Reports R-97-51 and R-97-52), the Board approved a $3,000 budget for staff to hire student interns to assist with resource management projects. At Rancho San Antonio Open Space Preserve, there has been a focus on habitat restoration since 1992 to mitigate the loss of eucalyptus trees and to promote a native self-sustaining ecosystem. The objective of hiring interns for this restoration project is to create a comprehensive document of previous information and current data, and to initiate a structured monitoring protocol for future volunteers in the restoration areas of the preserve. Progress: Sumudu Welaratna, an environmental studies student from Davis, was hired for the summer and completed the 1997 restoration report. Karen Rogers, from San Jose State University, assisted with data collection and the development of photo monitoring points. The report introduces the project, explains the methods used in planting, and documents the project's development to date. This report is available upon request. Planned Actions: Volunteers will be recruited to carry out the established monitoring protocol which includes measuring and recording heights of tagged trees, replacing dead trees, watering during the summer months, continuing nursery maintenance for replacement trees, and continuing photo monitoring to document successional change. Future reports will augment the information presented in the 1997 report and will update the figures with the new data collected. CONCLUSION The resource management program over the past year has assisted staff in addressing immediate resource concerns, beginning management projects, soliciting volunteer and intern assistance, and testing new methods of protecting and restoring natural resources. Input for the resource management program will continue with representatives from the planning and operations programs meeting quarterly to discuss projects and priorities. The support received from staff has contributed greatly to the progress of the resource management program. Prepared by: Jodi Isaacs, Resource Management Specialist Contact person: Same as above Regional Open Oce 1 R-97-140 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-27 September 24, 1997 AGENDA ITEM_ AGENDA ITEM Authorization to Hire Central Coast Wilds to Impleme the Highway 84 Revegetation Project GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize staff to hire Central Coast Wilds to undertake t e revegetation project on Highway 84, with a budget of$26,000. 2. Authorize General Manager to execute a contract with Central Coast Wilds to implement the Highway 84 revegetation project. BACKGROUND On March 13, 1996 you authorized the General Manager to execute a Permit to Enter for Caltrans to construct a retaining wall on State Route 84 (La Honda Road), southeast of the hairpin turn adjacent to the Thornewood property (see report R-96-33). In June of 1996, the District extended the time period for this Permit to Enter through December 31, 1996. You previously approved a permit to enter for extending the retaining wall on May 23, 1979 (see memo M-79-87). In November of 1996, Caltrans cut and removed trees and graded approximately one-half acre of District land. This work was not allowed for under the Permit to Enter granted by the District. Caltrans contends that this encroachment on District land was necessary to ensure public safety and stabilize Highway 84. Caltrans proceeded to install a horizontal drainage system into the hillside of the impacted District land. Final grading and compaction work by Caltrans was completed in April of 1997. Because the drainage improvements are permanent structures on District property, Caltrans must obtain long term property rights from the District. In January of 1997, District staff, met with Caltrans representatives and negotiated a $50,000 payment for the revegetation of the impacted site. In return, the District is to grant Caltrans an easement for the drainage facilities installed on District land. The drafting of this agreement between the District and Caltrans is in process. DISCUSSION In April of 1997 the District hired Habitat Restoration Team to hydroseed the impacted area. The hydroseeding and consultation costs were approximately $2,700. At that time it was determined that a perm yegetation plan would need to be performed in the fall of 1997 and prior to the 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-97-140 Page 2 start of the winter rains. Staff is recommending that Central Coast Wilds be hired to complete the permanent revegetation plan for the impacted District lands. The proposed project will include: seed collection on adjoining District land, site preparation and planting of native grass plugs at a 10" density. Materials, including grass plugs,jute netting, hay bales, and stakes will cost$13,000, and the labor to do the seed collection,jute netting installation, and the plant installation will cost an additional $13,000. The total cost of the revegetation project is$26,000. These costs and any additional costs incurred by the District to restore the impacted site will be offset by Caltrans' commitment of$50,000. Timing is crucial for this project to avoid additional costs of irrigation and plant maintenance. Planting will be timed to occur after sufficient rainfall has occurred such that soil moisture levels will sustain plant growth. However, irrigation may be necessary if an extended period of no rain occurs after planting or if the project is delayed. Therefore, staffs recommendation is to hire Central Coast Wilds to implement the revegetation plan as soon as possible. Prepared by Michael C. Williams, Real Property Representative Jodi Isaacs,Resource Management Specialist Contact person: Jodi Isaacs, Resource Management Specialist MIDPENINSULAEGIONAL OPEN DACE DISTRICT THORNEWOOD OPEN SPACE PRESERVE LCTNMAP.AI 9/18/97 EXHIBIT A Regional Open L • ice R-97-141 Meeting 97-27 September 24, 1997 AGENDA ITEM 6 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AGENDA ITEM Notice of Contract Completion for the Road Resurfacing Project at Rancho San Antonio Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Adopt the attached Notice of Completion of Contract and Acceptance of Work. DISCUSSION At your August 27, 1997 Regular Meeting, you awarded the contract for construction of the Rancho San Antonio Road Resurfacing Project to Re -New Sealers, Inc. (see report R-97- 123). Construction of the project began on Monday, September 15, 1997 and was completed on Wednesday, September 17, 1997. One change order totalling $1,254 was issued. The change order increased and reconfigured the area to be surfaced around the field office in order to accommodate the vehicle parking area. The total cost of the project was $ 47,994. This amount falls within the approved budget for the project. Ten percent of the paving contract is being withheld from the contractor's billing in accordance with the contract documents and specifications. The retainer for the paving work will be returned to the contractor upon his submittal of an unconditional lien release from any vendors or subcontractors. Prepared by: Julie McCullough, Open Space Planner Contact: Randy Anderson, Senior Planner Tao, .4. 14141,4. .ow 4 Wal Sac! Celebrate 25 Years of Open Space Preservation • 1972-1997 • 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 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 NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the Midpeninsula Regional Open Space District, as Owner therein and Re -New Sealers, Inc. as Contractor therein, bearing the date September 4, 1997 for construction of road resurfacing and appurtenant facilities upon lands of said District known as Rancho San Antonio Open Space Preserve situated in unincorporated Santa Clara County State of California, was completed by the said Contractor, on the 17th day of September, 1997 . Upon said contract, Merchants Bonding Company was surety on the bond given by said Re -New Sealers, Inc. the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title. That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022 . IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and given on the 24th day of September, 1997, authorizing and directing the execution of this instrument, the said District has caused these presents to be executed in its name, authenticated by the signature the President of the said Board of Directors this 24th day of September, 1997 , in Los Altos, California. I CERTIFY, under penalty of perjury that the foregoing is true and correct. STATE of CALIFORNIA, COUNTY of SANTA CLARA The undersigned, being duly sworn says: that he/she is the person who executed the foregoing; that he/she has read the same and knows the contents thereof, and that the facts stated therein are true. Mary Davey President, Board of Directors Dated: Signed in Los Altos, California Regional Open ! . ice Celebrate 25 Years of Open Space Preservation • 1972-1997 • 1. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-138 Meeting 97-27 September 24, 1997 AGENDA ITEM 7 AGENDA ITEM Acceptance of Proposals for Printing and Mailing of a Spec 125th Anniversary Newsletter ERAL A. A E '_ I •MM_ NIA I Accept the proposal from George Rice & Sons for an estimated $21,763 for the printing of approximately 300,000 special 25th Anniversary newsletters 2. Accept the proposal from Navarone Industries for an estimated $34,875 for the mailing of approximately 300,000 special 25th Anniversary newsletters DISCUSSION At your meeting of August 27, 1997 you authorized staff to seek proposals for the printing and mailing of approximately 300,000 special 25th Anniversary newsletters (see report R-97-127) with a District fact sheet/map inserted. The objective is to mail one special newsletter to each household within the District in order to publicize the District and its 25th Anniversary. At the meeting of September 8, 1997 the Legislative, Finance, and Public Affairs Committee reviewed and approved the general layout and text of the special newsletter. Advertisements soliciting proposals for both the printing and mailing elements were placed in the San Jose Mercury News. Five printers and six mailing houses submitted proposals. All proposals received represent estimates, and the actual final dollar amounts may differ due to changes in the total number of households determined at the time the mailer is to be sent. The request for proposals asked for a per -thousand unit cost estimate in order to better compare proposals and account for possible changes in the final calculation of the number of District households. Staff recommends that the Board accept the printing proposal from George Rice & Sons, based in Los Angeles, in the amount of $21,763, for the following reasons. Although Universal Printing in St. Louis (which printed the Visitors Map) stated an approximately 15 percent lower total estimated cost, there are two evaluation criteria which lead staff to recommend George Rice & Sons. First, for a print job of this magnitude an on -site press check at the time the printing begins is necessary and crucial to ensure that the final product is acceptable. This press check can much more conveniently and cost- effectively be made with George Rice & Sons, while doing so with Universal Printing would be significantly more costly and inconvenient. Even more importantly, it would severely impact the short time frame for printing and distribution of this newsletter. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 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- 138 Page 2 In 1995, a press check for Universal Printing's initial printing of the Visitors Map necessitated that the District send its map graphics consultant to St. Louis at a cost in excess of $1,200 for travel, lodging, and consulting time. A press check at George Rice & Sons in Los Angeles would cost an estimated $200. Secondly, Universal Printing's proposal included a seven percent contingency cost to account for possible fluctuations in the market price of bulk paper. The proposal from George Rice & Sons included a zero percent contingency. References for George Rice & Sons were positive, and the firm has the experience to complete the work. The quality of the firm's samples is high. The other three printing proposals (from printers in Los Gatos, San Mateo, and San Jose) were significantly higher, ranging from seventeen to over seventy-five percent above George Rice & Sons' proposal. These extreme differences are generally attributable to a printer's costs associated with the type and size of the printing press to be used. Those with larger, more cost-effective presses are able to print larger quantities at a lower per -unit cost. Staff recommends that the Board accept the mailing proposal from Navarone Industries of Campbell, California in the amount of $34,875. Navarone's proposal was the most responsive, and their estimated cost per 1,000 pieces was equal to or lower than the other firms. In addition, the District has worked with Navarone on other projects of equal magnitude and has found this firm to be reliable, timely, and cost-effective. Navarone's references proved to be positive. Attached is a list of the firms submitting proposals and their estimated costs. It should again be noted that the final cost of printing and distributing this newsletter will most likely be somewhat different than the estimated costs noted in the successful proposals. This variation will be due to the final actual number of households determined to be within the District. In the proposals, this number was approximated, and it's estimated that the final household count could vary by as much as twenty percent. However, the per -thousand unit costs will be the same, if not lower. In the public affairs' 1997-1998 approved budget, the printing category contains $55,000, and the special distribution category contains $40,000. These amounts were based on the printing and mailing of the District visitors map, later replaced with a special newsletter, and are sufficient to fund this project. Prepared by: M. Smith, Public Affairs Manager Contact person: Same Proposals for printing of 25th Anniversary newsletters (numbers are rounded for clarification) Name of firm Total cost Contingency Cost Per/1,000 Universal $ 18,915 7% $ 63.05 George Rice & Sons $ 21,763 0% $ 70.00 Western Press & Copy $ 25,461 not given $ 78.40 Media Resources Advertising $ 26,400 not given $ 88.00 Bofors $ 38,761 not given $ 129.00 Proposals for mailing of 25th Anniversary newsletters (numbers are rounded for clarification) Name of firm Estimated count Estimated total cost Cost Per/1.000 Navarone 260K $ 34,875 $ 134 AMS 319K not provided not provided Accurate Mailings 331k 44,781 $ 135 Data Marketing Inc. 305K $ 50,280 $ 168 Western Press 270K $ 55,241 $ 205 AID Mailing 262K not provided not provided MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-136 Meeting 97-27 September 24, 1997 AGENDA ITEM 8 AGENDA 11'hM Denial of Claim for Property Damage Filed by Richard J. Bourke DISTRICT LEGAL COUNSEL'S RECOMMENDATION (.-1n5 Deny the claim against the District filed by Richard J. Bourke. DISCUSSION Mr. Richard J. Bourke of San Jose, California has filed a claim against the District for property damage. The claim concerns the Woods Road Trail which Mr. Bourke asserts encroaches on his property in the Sierra Azul Open Space Preserve. Mr. Bourke also asserts that the use of Woods Road Trail has caused damage to his property due to horses and mountain bicyclists. A copy of Mr. Bourke's claim is attached. The Government Code requires that claims for damages be presented to a public agency for approval or denial. The District then has 45 days to determine whether to approve or deny the claim. Upon denial of a claim, a claimant has six (6) months to determine whether to proceed with legal action. District Legal Counsel has reviewed this claim and recommends it be denied. Staff has met with Mr. Bourke to try to resolve his concerns and remains available to do so. Prepared by: Susan M. Schectman, Legal Counsel Contact person: Same as above 744 A, ti14,4 44. Z4 WalSz1 Celebrate 25 Years of Open p n Space Preservation • 1972-1997 330 Distel Circle * Los Altos, CA 94022-1404 ffi Phone: 650-691-1200 • FAX: 650-691-0485 * E-mail: mrosd@openspace.org Q Web site: www.openspace.org Board of Directors: Pete Siemens, Mary C. Davey, led Cyr, David T. Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Manager: L. Craig Britton R-97-137 Meeting 97-27 September 24, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AGENDA ITEM 9 AGENDA ITEM Denial of Francois Richard Claim Against the District DISTRICT LEGAL COUNSEL'S RECOMMENDATION V Deny the claim against the District filed by Francois Richard. DISCUSSION Francois Richard has filed a claim against the District for damages in excess of $10,000 for road and water service maintenance since the District's purchase of the former Zand property, a part of Thornewood Open Space Preserve. A copy of the claim which describes the circumstances is attached to this report. The Government Code requires that claims for damages be presented to a public agency within six (6) months of the incident. The District then has 45 days to determine whether to approve or deny the claim. Upon denial of a claim, a claimant has six (6) months to determine whether to proceed with legal action. District legal counsel has reviewed this claim and recommends it be denied. There does not appear to be a basis to impose liability upon the District for this claim. District Legal Counsel is in communication with the attorney for Mr. Richard and will be meeting with him to discuss this matter further. Prepared by: Susan M. Schectman, District Legal Counsel Diane Blackman, Research Attorney Contact Person: Diane Blackman, Research Attorney 1,t(11.14 4w U Sae' Celebrate 25 Years of Open Space Preservation on 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, led Cyr, David T. Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz General Manager: L Craig Britton CLAIM AGAINST PUBLIC ENTITY Calif. Gov't Code 910 Claim Against: Claimant: Send Notices to: Date Of Occurrence Creating Claim: Place of Occurrence Creating Claim: Description of Circumstances Creating Claim: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 (Hereinafter referred to as "District") Francois Richard P.O. Box 620026 Woodside, California 94062 (Hereinafter referred to as "Claimant") John C. Donegan Attorney at Law 2600 El Camino Real - Suite 506 Palo Alto, California 94306 (415) 855-9990 Continuing Improved and unimproved real property located in the Town of Woodside, County of San Mateo, State of California, commonly known as "Thornewood" or as the "Thornewood Open Space Reserve", as referred to in the literature of said District. Claimant is the owner of a life estate in a cottage and two acre parcel of real property in Thornewood, together with easements for ingress and egress, and for water, pursuant to settlements and judgments entered into in proceedings 193099 and 633676 in the Superior Court of San Francisco County, California, and in proceedings 156412 and 195425 in the Superior Court of San Mateo County, California. Reference is made to said proceedings for further particulars. The Midpeninsula Regional Open Space District owns the balance of said property, and operates a public open space reserve thereon. Claimant and said District share a common water supply, and a common access road. District has failed and refused, and continues to fail and refuse, to perform its Iw obligations to maintain and preserve said common water supply and common road, in violation of its duties under law, contract and otherwise. This has damaged Claimant as he has been forced to alone bear the expense and responsibility of such maintenance and preservation Public Employees Causing the Damage or Loss: Unknown Amount Claimed: In excess of $10,000, and within the jurisdiction of the Superior Court. Dated: (1 ^ 1 , 1997 A li Art ONEGAN laimant Francois Richard (/like /27//7 40 CLAIM AGAINST PENINSULA REGIONAL OP PACE DISTRICT 1� Please return toWttrict Clerk, 330 Distel Circle, LosinCos, CA 94022 Complete the following, adding additional sheets as necessary. 1. CLAIMANT'S NAME (Print) C .V\o1 • 2. CLAIMANT'S ADDRESS: O • 73 Ok , TES ?575D (Street or P.O. Box Number - City - State - Zip Code) HOME PHONE: 7 a D- q , C- 5 -Li T WORK PHONE: 3. AMOUNT OF CLAIM: A. IF AMOUNT CLAIMED IS LESS THAN $10,000: Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court X 1, . S 000/ 0 DO/ 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT (Name) FROM LINES 1 AND 2 (PRINT) (Street or P.O. Box Number) (City - State - Zip Code) 5. DATE OF INCIDENT: iJ .15+ TIME OF INCIDENT: LOCATION OF INCIDENT: 16 ,--17/_1 d` 1 �l cl 7 f 1e, YA 6. DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BAShD, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGES: ee, Art -Ea c),p_ to 7 (over) 7 DESCRIBE ALL DAMA' R LOSS WHICH YOU BELIEVE J HAVE INCURRED OR WILL INCUR AS A RESULT C rIE INCIDENT: 2.SQ-L 8. NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: • Signature of Claimant V 8 Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §'72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 =.breviations used: ZOSD - Midpenninsula Regional Open Space District ;CPR - Santa Clara County Parks and Recreation MP - Santa Clara County Trails Master Plan as adopted in November 1995 by the County Board of Supervisors Backround information to this Damage Claim is claim is hand -carried and submitted to the MROSD Board of Directors their 8/27/97 Board Meeting. it is a follow up claim to an earlier aim submitted in January 1997 which covered damages due to the negligent anning and construction of a trail known as the Woods Road Trail. That aim covered a period from July through December 1996. This claim covers period from January through June 1997. eir are essentially three parties who claimant feels is responsible for mages. These include Santa Clara County Parks and Recreation, The n Jose Mercury News and the Midpenninsula Regional Open Space District. th MROSD and SCCPR participated in the formation of the Countywide Trails ster Plan of which plan the Woods road trail is included. Lny statements were made to claimant directly and indirectly at workshops )nducted by SCCPR with regard to trails planned through claimants property. OSD board members and management also attended these meetings and participated t the development of various policy guidelines, design and management Aidelines and promises made which benefited private property owners pncerning trails planned through various private property. iaimant was repeatedly told that those policies and guidelines etc. would ply to any trail planned and opened adjacent to or through his property. _aimant believed those policies to be true and relied upon both MROSD and CPR. In addition a largely circulated Newspaper article was published sy the San Jose Mercury news with many misleading statements which have ;ontributed to injury to claimant. MROSD also participated in providing information for this artice. here are two basic premises upon which this claim is based: Both MROSD and SCCPR were negligent in the planning and implementation of the Woods Road Trail. Such trail crosses several private property parcels including mine. Neither MROSD or SCCPR have substantiated any basis for maintaining ownership of the disputed area. They have not done any land survery work or have any basis for claiming sole ownership of all lands covered by the Woods Road Trail. This Negligence includes: Failure to meet with any of the property owners or adjacent property owners prior to opening this trail. Claimant was told this would happen repeatedly by agents working for SCCPR, Mike Honda, Judy Bondurant, and others on the trails committee who made statements to myself and other property owners. Claimant repeatedly asked "where" trail was planned through his property so he could intelligently comment on the trail. Claimant was REPEATEDLY told that prior to implementation he would be consulted and that the Design & Management guidelines and policies found in the TMP would apply to him. .e4 itiej l tl e6v n 'l n u Failure to provide adequate maps to trail users to prevent treesspassing to private property owners. Failure to post necessary signs at roads and property borders. Failure to provide a gate at Barlow road to prevent user access to claimants private property. Failure to provide border fencing to prevent tresspassing. Failure to remove trail signs upon being informed of the tresspassing. Failure to adequately patrol area to prevent tresspassing. Failure to conduct a necessary "land survey" prior to opening this trail. MROSD is unable to provide any recorded land survey to substantiate its claim to this area of Woods Road. As this trail is a Major trail for commuting, shopping, going to and from work etc. the traffic is increasing. MROSD and SCCPR hope to obtain "presriptive easements" over various private property by allowing tresspassing to occur for five continuous years. This is a fraudulent scheme with a fraudulent purpose. This in addition to all the fraudulent statements made to property owners is against the "law of the land." MROSD has failed to review county maps along with their own maps to ascertain private property borders. This willful neglect and willful negligence shows a reckless indifference to the rights of others. They have clearly refused to weigh the consequences of their conduct. The District having been fully informed of the situation both orally at Directors board meetings and in various written documents have chosen to ignore claimants demands and property rights. In addition both SCCPR and MROSD have involved themselves in "Constructive Fraud." toward private property owners. Throughout the Trails meeting process with private property owners both SCCPR and MROSD had both a duty and an obligation to clarify any misstatements made by the consultants employed by SCCPR at all of the Public workshop and committee meetings. False and misleading statements of fact which MROSD should have clarified - especially the fact that they are NOT following any of the policies, Design & Management guidelines and other things I and others relied upon as being True. This is Constructive Fraud - the failure of MROSD who knew the truth at the time but failed by ommission to clarify matters relating to trails. These promises made by Mike Honda, SCCPR consultants, staff at SCCPR have turned out to be "illusory promises". They are deceiving or tending to deceive property owners of which I am only one. It is now well established that MROSD in NOT following the Trails Master Plan, this should have been made clear in the public workshop meetings. MROSD chose not to do so and was successful in deceiving all present. As MROSD maintains it is free to perform or not perform to the TMP these promised are "purely illusory" in nature. Any promise that MROSD maintains it is free to perform or not perform is no promise at all. This was deceiving to all private property owners. This failure to live up to the promises made have destroyed both trust and confidence that property owners had in their County Government and MROSD. This again is "constructive fraud" as MROSD was present at these meetings and had the opportunity to set matters straight. They and SCCPR concealed this by their silence. This constructive fraud may be presumed from the many circumstances, acts of ommission, duties to clarify matters, regardless of the intent of the parties. This particular case of Constructive Fraud may be presumed, implied or inferred by law. In places it is mere "matter of fact" and in others it is conclusions of law that can be drawn from those facts. Both parties had both a duty and obligation to clarify any misstatements made by either the consultants or staff of SCCPR at these public meetings. It turns out their were many false statements made - as evidenced by this Woods road trail situation. Neither organization should be allowed to profit by its breach of their legal or equitable duty to myself and other property owners. Also statements have been made which are so vague or in conditional terms - that the person making it commits himself or herself to nothing. Such promises are also illusory. ince claimant has met with Mike Williams, Sue Schectman and Dell Woods agarding this matter their has been no action taken by the District iring this time frame. MROSD has shown a willful failure to perform - conscious, knowing, voluntary and intentional failure. laimant seeks to have the district remove its trail signs and begin jmplying with the Trails Master Plan - a Plan they found to be seamless". laimant maintaing that neither SCCPR or MROSD should be allowed to enefit from their Negligence and Constructive Fraud. o this very day MROSD continues to encourage tresspassing and is liable s tresspasser for each and every one of the individual acts of resspassing committed by others. This tresspassing now involves hou,sands of individual acts of tresspassing - though SCCPR or MROSD r�actual tresspassers themselves, this liability for tresspassing is ,ot dependent on personal participation. :laimant has been subjected to much tresspassing not only on Woods Road ut also all over his property, his driveway, his yard, and also :hefts and vandalism to his house. MROSD and SCCPR are inexcusable Ind have shown "bad faith." irther MROSD has denied cl ant access to his proper via WOODS Sad by constructin a gate at Hicks Rd. Claimaint has been unable to 7tain a key from the District. MROSD also failed to inform claimant nat this barrier to his entry to his secondary access road was being rrected. This has caused claimant a great deal of inconvenience. ROSD has effectively made claimants life a "living hell" with the ssault of tresspassers. Some of these after midnight and motorized resspassers (dirtbikes or whatever) have been brought to Ranger Tom andalls`attention. As this activity and mountainbiking are ultra- azardous in nature MROSD has subjected claimant to much liability n case of a lawsuit based on injuries on claimants land. laimant seeks also sorts of Damages - Compensatory, restorative, ctual, Nominal damages for "every" act of intrusion, other, and unitive (exemplary) damages. Claimant seeks $25,000,000 in total. ichard J. Bour a Mt. Umunhum, CA. 8/27/97 P.1-14tc, Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Revised Amount MIDPENINSULA REGIONAL OPEN SPACE Name DISTRICT Description 2796 2797 2798 2799 2800 2801 2802 2803 2804 2805 2806 2807 2808 2809 2810 2811 2812 2813 2814 2815 2816 2817 2818 2819 2820 2821 2822 2823 2824 2825 2826 2827 2828 2829 2830 2831 2832 2833 2834 2835 2836 2837 2838 2839 2840 2841 2842 550.00 237.05 399.86 123.00 50.00 353.42 309.18 274.48 38.80 1,194.72 360.00 4,511.50 26,640.21 1,195.39 135.00 202.01 1,010.11 65.00 2,703.00 500.00 179.62 6,647.42 95.00 140.00 20,061.44 144.24 182.00 6.39 57.34 262.50 163.04 373.43 197.43 97.24 50.00 4,348.00 198.00 750.00 916.00 875.00 483.12 1,125.00 50.00 471.00 34.40 1,419.67 2,385.10 Aaron's Septic Tank Service • 1 Acorn Signs Acme & Sons Sanitation ADT Security Systems •2 Alliance for a New Moffett Field A 1 Sanitation Arne' Sign & Decal Co., Inc. Artech Laminating AT&T Best Impressions Best Internet Communications BDS Inc. Bianchi Construction Incorporated Big Creek Bill's Towing & Recovery Bowerman Electric California Carpets California Park & Recreation Society California Water Service California Water Service California Water Service Callander Associates California Chamber of Commerce Camino Medical Group •6 Capitol Ford, Inc. Cascade Fire Equipment Company Central Coast Wilds Clark's Auto Parts & Machinery Coastal Ford Tractor Sheryl Marioni Cochran Cole Supply Company, Inc. Communication & Control Inc. Compurun Systems Bunny Congdon Toni Corelli Cotton, Shires & Associates CPS D & J Rooter SCC Department of Environmental Health .3 •4 •5 .7 Design Concepts DESIGNet, Inc. •8 Divine Catering Du -All Safety Employment Development Department EMED Company Inc. Emergency Vehicle Systems Experian Sanitation Services Banners Sanitation Services Burglar Alarm Service Co -Sponsor -Moffett Field Future Plans Sanitation Services Signboards Laminating Sheets Telephone Service 25th Anniversary Event Supplies Annual Internet Service Payment Equipment --Boulder Buster Bach Driveway Construction Contractor Lumber Towing Service Distel Building Light Repairs Enterprise Rental Carpet Installation Recruitment Advertisement Irrigation System Hookup --Windy Hill Hydrant Meter Permit Fee --Windy Hill Water Service Parking Lot Consultants --Windy Hill California OSHA Newsletter Medical Services 4 X 4 Truck Fire Safety Equipment Revegetation Consulting Vehicle Part Tractor Part Climbing Policy Consultant Janitorial Supplies Radio Site Lease & P G & E Pump Computer Maintenance Reimbursement --Staff Event Supplies Docent Training Geotechnical Services --Schilling Lake Seminar --C. Bruins & K. Altieri Enterprise Rental --Septic Tank Repair Gasoline Storage Permit Lapel Pins Computer Modem Line Maintenance Staff Event Catering Hazardous Waste Training -J. Kowaleski State Unemployment Insurance Safety Signs Code 3 Vehicle Equipment Microfiche --Acquisition Parcel Research Page 1 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2843 19.00 Federal Express Express Mailing 2844 31.42 Film To Frame Photo Processing 2845 45.00 Chaz Franklin Docent Training 2846 85.69 G & K Services Shop Towel Service 2847 15.37 Gardenland Power Equipment Field Supplies 2848 497.69 Golden California Title Company Title Insurance 2849 67,720.00 Golden California Title Company Augustine MacDonald Trust Property 2850 37.35 Goodco Press Incorporated Business Card Printing 2851 15.37 Goodyear Auto Service Center Tire Repair 2852 725.00 Greenlnfo Network Mapping Consultant 2853 330.00 GreenWaste Recovery, Inc. Skyline Garbage Service 2854 123.07 GTE Mobilnet Cellular Phone Service 2855 551.68 Home Depot Field Supplies 2856 21.44 Honda Peninsula Helmet Liners 2857 32.72 Hyster Sales Company Bobcat Parts 2858 373.00 Jodi Isaacs Reimbursement --Conference Expenses 2859 415.00 Jakaby Engineering Restroom Specs --Russian Ridge 2860 2,085.98 Jeda Publications Map Printing 2861 37,120.50 Jens Hansen Company, Inc. Windy Hill Public Access Improvement Project 2862 60.26 Travis Jensen Reimbursement --Training Class 2863 245.07 Kaiser Cement Baserock 2864 640.00 "9 Bruce Kerr Staff Event Entertainer 2865 116.00 Lab Safety Supply Restroom Supplies 2866 275.00 League of California Cities Conference Expense --S. Schectman 2867 85.00 Littler Mendelson Ergonomics Training --D. Topley 2868 25.00 Loegering Manufacturing, Inc. Bobcat Tractor Parts 2869 690.00 Los Altos Garbage Company Dumpster Service 2870 80.00 MetroMobileCommunications Radio Repair Service 2871 91.99 Ken Miller Reimbursement --Uniform Boots 2872 945.36 Miracle Auto Painting & Body Repair Vehicle Paint Job 2873 97.92 Minton's Lumber & Supply Bulletin Boards --Main Office 2874 152.85 Moffett Supply Company Restroom Supplies 2875 529.07 Monogram Sanitation Restroom Chemicals 2876 99.00 National Seminars Group Registration --M. Smith 2877 533.03 National Fire Fighter Corp. Fire Pump 2878 1,439.40 Navarone Mailing Services Fall Newsletter Mailing 2879 19.50 Netcom Monthly Service 2880 375.00 NetStart, Inc. Computer Maintenance 2881 415.00 The New Leaf Catering VIP Tour Catering 2882 865.22 Office Depot Office Supplies 2883 450.75 Office Helper Office Supplies 2884 162.36 Office Max Computer Cart 2885 942.70 `10 Orchard Supply Hardware Field Supplies 2886 1,125.71 Pacific Bell Telephone Service 2887 235.72 Payment Center/AT& T A T & T Maintenance Service 2888 629.87 Paul's Draperies Mini Blinds --Main Office 1,864.06 Peninsula Blueprint Map Printing and Photo Copying 2889 1,565.62 PIP Printing Printing Service Page 2 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Revised Amount MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description 2890 700.00 2891 329.75 2892 47,994.00 2893 46.08 2894 200.00 2895 45.00 2896 1,571.79 2897 33.77 2898 259.98 2899 2,C41.31 2,997.23 2900 376.00 2901 420.23 2902 80.50 2903 959.13 2904 472.32 2905 2,215.87 2906 147.45 2907 318.00 2908 8,570.00 2909 2,552.48 2910 9.09 2911 729.5.5, 846.68 2912 880.40 2913 126.82 2914 7,605.00 2915 1,750.00 2916 162.38 2917 10,461.18 2918 327.29 2919 3,300.00 2920 112.50 2921 688.13 2922 2,268.75 2923 4,828.22 2924 62.34 2925 634.50 2926 60.27 2927 2239.25 2928 3539.39 2929 25.00 2930 117.81 2931 7,560.00 Town of Portola Valley Price Costco Re -New Sealers Asphalt Maintenance Rancho Hardware Recreational Equipment, Inc. Frances Reneau Rhus Ridge Association Rich's Tire Service ROMIC Environmental Technologies Corp. Roy's Repair Service Barbara Scherb Rufer Russ Enterprises Safety -Kleen Jane Saltman San Francisco Newspaper Agency San Jose Mercury News • 11 San Mateo County San Mateo County Scribner Graphic Press Shannon Associates Shelton, Inc. Signs of the Times Space Designs Stevens Creek Quarry Summit Springs Design Sun Valley Tree Care Inc. Teater & Etc. Terratech, Inc. Therma Corp. Grant Thornton Transworld Media Group TTC Tours Turner & Mulcare Two R. M.'s Sales & Service University Art Center University of California Regents Unocal U S Rentals VISA Volunteer Leadership Douglas Vu Waring Construction Permit & Review Fees --Windy Hill Consumables Road Resurfacing --Rancho San Antonio Field Supplies Recognition Event Certificates Docent Training Road Maintenance Fees Tire Repair Hazard Waste Recycling Vehicle Repair and Maintenance Planning Consultant Assistant Signs Solvent Tank Service Planning Consultant Recruitment Advertisement Advertisements Permit --Nature Center Deck Permit -La Honda Creek Bridge Fall Newsletter Printing Administrative Services Manager Recruitment Field Supplies Signs Office Furniture Rock Tree Removal Service Tree Pruning --Deer Hollow Farm Maps Geotech Services --Landslide Repairs Air Conditioning and Heating Service Auditors Recruitment Advertisement Charter Services --VIP Tour Legal Services Pionjar Rock Drill Planning Supplies Erosion Control Class --P. Congdon, J. Isaacs and J. Kowaleski Fuel Backhoe Rental Conference, Airfare and Office Supplies Subscription Renewal Private Vehicle Expense Distel Circle Office Separation Page 3 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2932 920.00 Sumudu Welaratna Intern --Oak Restoration Project 2933 37.89 West Coast Rebar Co., Inc. Rebar for Bridge 2934 104.20 Westlaw Publishing Payment Center "On -Line" Legal Research Service 2935 236.96 Michael Williams Reimbursement --Vehicle, Seminar and Business Meeting Expense 2936 300.00 Roberta Wolfe Recording Services 2937 290.53 Lisa Zadek Reimbursement --Tuition and Supplies 2938R 6,647.42 Callander Associates Windy Hill Parking Lot Consultant 2939R 1,053.99 Nelson Marketing 25th. Anniversary Wine Glasses 2940R 595.47 David Sanguinetti Reimbursement --Conference Expense 2941R 447.09 Petty Cash Local Business Meetings, Staff Appreciation Event Supplies, Vehicle Expense, Nature Center Supplies, Film and Developing *1 Urgent Check Issued September 5, 1997. *2 Urgent Check Issued September 11, 1997. *3 Urgent Check Issued September 5, 1997. *4 Urgent Check Issued September 2, 1997. *5 Urgent Check Issued September 11, 1997. *6 Urgent Check Issued September 3, 1997. *7 Urgent Check Issued September 15, 1997. *8 Urgent Check Issued September 16, 1997. *9 Urgent Check Issued September 8, 1997. *10 Urgent Check Issued September 18, 1997. •11 Urgent Check Issued September 11, 1997. TOTAL 336,094.98 Page 4 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Amount MIDPENINSULA REGIONAL OPEN SPACE Name DISTRICT Description 2796 2797 2798 2799 2800 2801 2802 2803 2804 2805 2806 2807 2808 2809 2810 2811 2812 2813 2814 2815 2816 2817 2818 2819 2820 2821 2822 2823 2824 2825 2826 2827 2828 2829 2830 2831 2832 2833 2834 2835 2836 2837 2838 2839 2840 2841 2842 2843 550.00 237.05 399.86 123.00 50.00 353.42 309.18 274.48 38.80 1,194.72 360.00 4,511.50 26,640.21 1,195.39 135.00 202.01 1,010.11 65.00 2,703.00 500.00 179.62 6,647.42 95.00 140.00 20,061.44 144.24 182.00 6.39 57.34 262.50 163.04 373.43 197.43 97.24 50.00 4,348.00 198.00 750.00 816.00 875.00 483.12 1,125.00 50.00 471.00 34.40 1,419.67 2,385.10 19.00 Aaron's Septic Tank Service * 1 Acorn Signs Acme & Sons Sanitation ADT Security Systems *2 Alliance for a New Moffett Field Al Sanitation Arne' Sign & Decal Co., Inc. Artech Laminating AT&T Best Impressions Best Internet Communications BDS Inc. Bianchi Construction Incorporated Big Creek Bill's Towing & Recovery Bowerman Electric California Carpets California Park & Recreation Society *4 California Water Service California Water Service California Water Service Callander Associates California Chamber of Commerce Camino Medical Group *6 Capitol Ford, Inc. Cascade Fire Equipment Company Central Coast Wilds Clark's Auto Parts & Machinery Coastal Ford Tractor Sheryl Marioni Cochran Cole Supply Company, Inc. Communication & Control Inc. Compurun Systems Bunny Congdon Toni Corelli Cotton, Shires & Associates CPS D & J Rooter SCC Department of Environmental Health Design Concepts DESIGNet, Inc. *8 Divine Catering Du -All Safety Employment Development Department EMED Company Inc. Emergency Vehicle Systems Experian Federal Express *3 *5 *7 Sanitation Services Banners Sanitation Services Burglar Alarm Service Co -Sponsor -Moffett Field Future Plans Sanitation Services Signboards Laminating Sheets Telephone Service 25th Anniversary Event Supplies Annual Internet Service Payment Equipment --Boulder Buster Bach Driveway Construction Contractor Lumber Towing Service Distel Building Light Repairs Enterprise Rental Carpet Installation Recruitment Advertisement Irrigation System Hookup --Windy Hill Hydrant Meter Permit Fee --Windy Hill Water Service Parking Lot Consultants --Windy Hill California OSHA Newsletter Medical Services 4 X 4 Truck Fire Safety Equipment Revegetation Consulting Vehicle Part Tractor Part Climbing Policy Consultant Janitorial Supplies Radio Site Lease & P G & E Pump Computer Maintenance Reimbursement --Staff Event Supplies Docent Training Geotechnical Services --Schilling Lake Seminar --C. Bruins & K. Altieri Enterprise Rental --Septic Tank Repair Gasoline Storage Permit Lapel Pins Computer Modem Line Maintenance Staff Event Catering Hazardous Waste Training -J. Kowaleski State Unemployment Insurance Safety Signs Code 3 Vehicle Equipment Microfiche --Acquisition Parcel Research Express Mailing Page 1 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 # Amount MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description 2844 2845 2846 2847 2848 2849 2850 2851 2852 2853 2854 2855 2856 2857 2858 2859 2860 2861 31.42 45.00 93.47 15.37 497.69 67,720.00 37.35 15.37 725.00 330.00 123.07 551.68 21.44 32.72 373.00 415.00 2,085.98 37,120.50 2862 60.26 2863 245.07 2864 640.00 2865 116.00 2866 275.00 2867 85.00 2868 25.00 2869 690.00 2870 80.00 2871 91.99 2872 945.36 2873 97.92 2874 152.85 2875 529.07 2876 99.00 2877 533.03 2878 1,439.40 2879 19.50 2880 375.00 2881 415.00 2882 865.22 2883 450.75 2884 162.36 2885 942.70 2886 1,125.71 2887 235.72 2888 629.87 1,864.06 2889 1,565.62 .9 Film To Frame Chaz Franklin G & K Services Gardenland Power Equipment Golden California Title Company Golden California Title Company Goodco Press Incorporated Goodyear Auto Service Center Greenlnfo Network GreenWaste Recovery, Inc. GTE Mobilnet Home Depot Honda Peninsula Hyster Sales Company Jodi Isaacs Jakaby Engineering Jeda Publications Jens Hansen Company, Inc. Travis Jensen Kaiser Cement Bruce Kerr Lab Safety Supply League of California Cities Littler Mendelson Loegering Manufacturing, Inc. Los Altos Garbage Company MetroMobileCommunications Ken Miller Miracle Auto Painting & Body Repair Minton's Lumber & Supply Moffett Supply Company Monogram Sanitation National Seminars Group National Fire Fighter Corp. Navarone Mailing Services Netcom NetStart, Inc. The New Leaf Catering Office Depot Office Helper Office Max `10 Orchard Supply Hardware Pacific Bell Payment Center/AT& T Paul's Draperies Peninsula Blueprint PIP Printing Photo Processing Docent Training Shop Towel Service Field Supplies Title Insurance Augustine MacDonald Trust Property Business Card Printing Tire Repair Mapping Consultant Skyline Garbage Service Cellular Phone Service Field Supplies Helmet Liners Bobcat Parts Reimbursement --Conference Expenses Restroom Specs --Russian Ridge Map Printing Windy Hill Public Access Improvement Project Reimbursement --Training Class Baserock Staff Event Entertainer Restroom Supplies Conference Expense --S. Schectman Ergonomics Training --D. Topley Bobcat Tractor Parts Dumpster Service Radio Repair Service Reimbursement --Uniform Boots Vehicle Paint Job Bulletin Boards --Main Office Restroom Supplies Restroom Chemicals Registration --M. Smith Fire Pump Fall Newsletter Mailing Monthly Service Computer Maintenance VIP Tour Catering Office Supplies Office Supplies Computer Cart Field Supplies Telephone Service A T & T Maintenance Service Mini Blinds --Main Office Map Printing and Photo Copying Printing Service Page 2 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Amount MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description 2890 700.00 2891 329.75 2892 47,994.00 2893 46.08 2894 200.00 2895 45.00 2896 1,571.79 2897 33.77 2898 259.98 2899 2,641.91 2900 376.00 2901 420.23 2902 80.50 2903 959.13 2904 472.32 2905 2,215.87 2906 147.45 2907 318.00 2908 8,570.00 2909 2,552.48 2910 9.09 2911 729.55 2912 880.00 2913 126.82 2914 7,605.00 2915 1,750.00 2916 162.38 2917 10,461.18 2918 327.29 2919 3,300.00 2920 112.50 2921 688.13 2922 2,268.75 2923 4,828.22 2924 62.34 2925 634.50 2926 60.27 2927 2239.25 2928 3539.39 2929 25.00 2930 117.81 2931 7,560.00 2932 920.00 2933 37.89 Town of Portola Valley Price Costco Re -New Sealers Asphalt Maintenance Rancho Hardware Recreational Equipment, Inc. Frances Reneau Rhus Ridge Association Rich's Tire Service ROMIC Environmental Technologies Roy's Repair Service Barbara Scherb Rufer Russ Enterprises Safety -Kleen Jane Saltman San Francisco Newspaper Agency San Jose Mercury News *11 San Mateo County San Mateo County Scribner Graphic Press Shannon Associates Shelton, Inc. Signs of the Times Space Designs Stevens Creek Quarry Summit Springs Design Sun Valley Tree Care Inc. Teater & Etc. Terratech, Inc. Therma Corp. Grant Thornton Transworld Media Group TTC Tours Turner & Mulcare Two R. M.'s Sales & Service University Art Center University of California Regents Unocal U S Rentals VISA Volunteer Leadership Douglas Vu Waring Construction Sumudu Welaratna West Coast Rebar Co., Inc. Permit & Review Fees --Windy Hill Consumables Road Resurfacing --Rancho San Antonio Field Supplies Recognition Event Certificates Docent Training Road Maintenance Fees Tire Repair Corp. Hazard Waste Recycling Vehicle Repair and Maintenance Planning Consultant Assistant Signs Solvent Tank Service Planning Consultant Recruitment Advertisement Advertisements Permit --Nature Center Deck Permit -La Honda Creek Bridge Fall Newsletter Printing Administrative Services Manager Recruitment Field Supplies Signs Office Furniture Rock Tree Removal Service Tree Pruning --Deer Hollow Farm Maps Geotech Services --Landslide Repairs Air Conditioning and Heating Service Auditors Recruitment Advertisement Charter Services --VIP Tour Legal Services Pionjar Rock Drill Planning Supplies Erosion Control Class --P. Congdon, J. Isaacs and J. Kowaleski Fuel Backhoe Rental Conference, Airfare and Office Supplies Subscription Renewal Private Vehicle Expense Distel Circle Office Separation Intern --Oak Restoration Project Rebar for Bridge Page 3 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2934 104.20 Westlaw Publishing Payment Center "On -Line" Legal Research Service 2935 236.96 Michael Williams Reimbursement --Vehicle, Seminar and Business Meeting Expense 2936 300.00 Roberta Wolfe Recording Services 2937 290.53 Lisa Zadek Reimbursement --Tuition and Supplies • 1 Urgent Check Issued September 5, 1997. •2 Urgent Check Issued September 11, 1997. •3 Urgent Check Issued September 5, 1997. •4 Urgent Check Issued September 2, 1997. •5 Urgent Check Issued September 11, 1997. •6 Urgent Check Issued September 3, 1997. •7 Urgent Check Issued September 15, 1997. •8 Urgent Check Issued September 16, 1997. •9 Urgent Check Issued September 8, 1997. • 10 Urgent Check Issued September 18, 1997. *11 Urgent Check Issued September 11, 1997. TOTAL 326,785.94 Page 4 Regional Open ' _ rce Talu. W41.14 ofr. 44.11541.4 Celebrate 25 Years of Open Space Preservation • 1972-1997 • MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager•,; DATE: September 24, 1997 SUBJECT: FYI 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 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 To: From: Subject: INTER -01 -.10E MEMORANDUM Craig Britton, General Manager John Escobar, Operations Manager Monthly Field Activity Summary for August, 1997 VIOLATIONS Bicycles Closed Area Speed Helmet After Hours Dogs Prohibited Area Off -leash Off -road Vehicles Closed Area After Hours Fishing Swimming Vandalism Parking Parking after hours Dumping/littering Campfires Camping Weapons Actual Contact Evidence of Smoking Alcohol TOTALS CITES 8 8 _.4 8 ii e 8 8 0 _4 — 22 8 8 8 0 _Q 8 8 8 8 8 8 � 8 � 0 0 8 _4 _4 � 0 8 CRIMES Auto burglaries False information Resisting officer Stolen vehicle recovery Poaching Possession of Marj ivana Cultivation of Marjivana Disturbing the Peace ACCIDENTS Bicycle Equestrian Hiking/running Other first -aid Search/rescue Air evacuation ENFORCEMENT Citations Written warnings Arrests Police assistance MUTUAL AID Accidents Law enforcement Fire Landing zone TOTALS CITES 8 8 1 8 8 1 8 0 8 0 8 76 8 7 4 4 8 8 0 8 8 8 8 SUMMARIES OF SIGNIFICACIDENTS: August 6: A woman, jogging in Rancho San Antonio O.S.P., was the victim of an indecent exposure when a man exposed himself to her. The suspect matched the description for a similar incident in June. Reports were completed by the Santa Clara County Sherrifs Office and the District. K. Carlson August 7: A major wildfire occurred in Los Gatos and threatened El Sereno. District staff responded to the staging area to assist Santa Clara County Fire District: T. Lausten, J. Kowaleski, T. Karnofel, D. Danielson, W. Phillips, S. Hooper, T. Jensen, M. Jurich, M. Casaretto, M. Bankosh, T. Bishop, G. Morin and S. Shearer. All staff were released by 9:00 pm. An additional fire that broke out, near St. Josephs Hill. K. Carlson responded. August 8: A written warning was issued to an illegal camper at Skyline Ridge O.S.P. The camper appeared to be emotionally disturbed and had been reported by two District docents because he was jumping out from behind bushes and yelling at people. W. Phillips and L. Hyman August 13: Trail closure signage and fencing was vandalized at six separate locations in the El Corte de Madera O.S.P. B. Malone. August 15: Evidence of moss scraping and rock climbing were discovered at the sandstone formations in the El Corte de Madera O.S.P. W. Phillips and L. Paterson. August 16: Two people were found hiding by the pond at Rancho de Guadalupe. They were cited for after hours violations. K. Miller and T. Karnofel. August 21: During a search for a lost hiker in Montebello O.S.P., two after-hours cyclists taunted B. Malone by saying "catch me if you can." The two were later stopped and cited by K. Carlson and a Santa Clara County deputy, who were involved with the search. August 22: A mountain lion was reported to be acting abnormally, in the creek near the Ranch San Antonio County park. Santa Clara County park staff and deputies closed the county park, while District staff informed visitors on District land of the situation. No evidence of the lion was found and the park was re -opened within two hours. T. Karnofel, P. Hearin, acted as resources to Fish & Game and the Santa Clara County Sherrifs, while T. Lausten, M. Jurich, M. Bankosh, S. Hooper, and J. Kowaleski advised visitors of the potential danger. August 25: Two vehicles with hunting equipment inside were parked, at dusk, adjacent to Skyline Ridge O.S.P. Deputies found, interviewed and released the subjects. It was later learned that one of the vehicles had been seen the previous day near Montebello O.S.P., and two subjects wearing camouflage clothing had been contacted. L. Paterson. August 25: Cans of whipping cream, whose propellant is sometimes used for mind -altering purposes, were found in the parking lot at Skyline Ridge. D. Danielson. August 28: An off -road motorcyclist failed to stop in El Corte de Madera O.S.P. when ordered. D. Danielson. August 30: Citations were issued to twelve people at Windy Hill O.S.P. for after-hours and alcohol violations. Two full kegs of beer were confiscated. A flier advertising a large beer party in the preserve had been circulated. Approximately twenty more participants were turned away at the roadside. The County Sheriff's deputies assisted in breaking up the party. The door of a District patrol vehicle was kicked in sometime during the incident. The remains of large parties have been discovered twice in the same location in the last six weeks. L. Paterson and M. Ken. Regional Open ! ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 23, 1997 Members, Palo Alto City Council City Hall P.O. Box 10250 Palo Alto, CA 94303 Subject: Draft Comprehensive Plan Dear Councilmembers: Thank you for the opportunity to address you on this subject. We have received a copy of the Draft Plan and also the recommendations of the Palo Alto Planning Commission. We are generally supportive of not only the Draft Plan developed by the Planning staff, but also the thought and effort by the Commission in the further improvement of the original document. As you are no doubt aware, the District has been in existence now for 25 years. Although long and difficult to remember, we would like to have the District's name accurately depicted in your document, (Open Space N -1, on page N-2, line 5). Further, the name might be described in the Glossary (page 10) as follows: Midpeninsula Regional Open Space District Special District established by the voters in 1972 for the purpose of acquiring and preserving open space lands. Governed by an elected Board of Directors. As to policies proposed under the Land Use and Community Design section of the Draft Plan (Policy L-1, page L-5), we support the Planning Commission recommendation which would apply an Urban Growth boundary to Palo Alto's existing Urban Service Boundary. in addition, we support the Planning Commission amendment to the Open Space/Controlled Development section of the Draft Plan (Open Space Policy L-9, page L-9) which would propose adoption of Santa Clara County's 60-120 acre zoning regulations for Palo Alto and Stanford's hillsides; for the reason of consistency on a regional basis with the other communities of the County. Sincerely, Nonette Hanko Director, Palo Alto and Stanford NH/mcs cc: MROSD$oard of Directors Ta,�cc t414.14 .ow S j Celebrate 25 Years of Open Space Preservation • 1972-1997 • 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 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. Smemoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Manager: L. Craig Britton Regional Open Slice September 24, 1997 Mr. Bob Adams 11 Applewood Lane Portola Valley, CA 94028 Dear Mr. Adams: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT It's my understanding that you are a candidate for the Town Council of Portola Valley and as such, I feel it's important that you are fully informed about the other agencies with which Portola Valley shares jurisdiction. The Midpeninsula Regional Open Space District extends from San Carlos to Los Gatos, and includes Portola Valley within its boundaries. I've enclosed the District's visitors map and our latest quarterly newsletter for your information. Please feel free to contact me if you'd like to visit our office in Los Altos for a quick overview of our activities and goals, and a look at our full-sized wall map that illustrates the District's perspective. I'd be happy to bring you -up-to-date on the District's programs, show you where the District's and Portola Valley's jurisdictions overlap, and discuss any mutual issues that you might identify. Good luck in the November elections, -and don't hesitate to contact me if you'd like to schedule a meeting, or if I can provide any additional information. Si ri on General Manager LCB/mcs cc: MROSD Board of Directors 0(41 TAILe. A. WA1.4 14 l$24. SCI Celebrate 25 Years of Open Space Preservation • 1972.1997 • 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX: 650-691-0485 • E-mail: mrosdoopenspace.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 1C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT T1444 .4t4141.4 Celebrate 25 Years of Open Space Preservation * 1972-1997 TO: Board of Directors FROM: C. Britton, General Manager DATE: September 19, 1997 SUBJECT: FYI 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX: 650-691-0485 m E-mail: mrosd@openspace.org ® Web site: www.openspace.org t� 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 Slice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER -OFFICE MEMORANDUM TO: C. Britton, General Manager .Y LJCL QQ C (.,.),JQ9 FROM: M. Williams, Real Property Representative DATE: September 17, 1997 SUBJECT: McKannay Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on August 29, 1997 and title to and possession of this 157.94 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 their meeting of June 25, 1997. DEDICATION CHART INFORMATION Dedication Board Status Approval Closing Dedication (Intended or Ereacrvo Aro Grantor 12alc Rik tlasi Withheld?) nen Sierra Azul MtUmunhum. McKannay 6/25/97 8(29/97 157.94 Intended cc: Board of Directors Administrative Services Manager J. Escobar (w/encl.) B. Congdon K. Hart D. Vu .4.14144 op. 14 144,U 5:I(t! 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 C:\SIERRAIMCKANNAY.CM Board of Directors: Pete Siemens, Mary C. Davey, led Cyr, David T. Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Manager: L. Craig Britton Regional Open ice MIDPENINSULA REGIONAL. OPEN SPACE DISTRICT September 17, 1997 Honorable Pete Wilson Governor, State of California State Capitol Sacramento, CA 95814 Subject: Senate Bill 1048 Dear Governor Wilson: On behalf of the Midpeninsula Regional Open Space District I am writing to urge you to sign Senate Bill 1048. This bill will define a Bay Area program within the California Coastal Conservancy, facilitating a regional partnership for protecting significant open space resources and providing outdoor recreational opportunities. Senate Bill 1048 would slightly modify the Coastal Conservancy's enabling statute to clearly define the watershed areas within the Bay Area where the Conservancy may fund acquisition, development, and operation of trails along the bay, the ridge tops, the coast, and connecting trails, and related facilities such as interpretive centers, picnic areas and campgrounds. This program would become effective only when funds of at least $1 million are available for deposit into the Bay Area Program Fund. Therefore, no funds already earmarked for the Coastal Conservancy would be used for the purposes of this program. Any new programmatic or administrative costs incurred by the Coastal Conservancy as a result of this legislation would be paid for out of the Bay Area Program Fund. This bill represents an opportunity for the Bay Area to "catch up" to other regions of the state which already have resource -based, regionally -focused agencies and programs, such as the various conservancies already established. The re -defining of this program within the Coastal Conservancy would directly address this area's regional needs, without creating another bureaucracy. This bill has enjoyed widespread, bipartisan support in the legislature. I urge you to sign SB 1048 into law. Sincerely, /22a�h.2j C' . Mary C. Davey President, Board of Directors MCD/mcs ec: MROSD Board of Directors lonorable Byron Sher John Woodbury. BAOSC T• 4444 4 5a! Celebrate 25 Years of Open Space Preservation 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 • 1972-1997 • Board of Directors: Pele Siemens, Mary C. Davey, Jed Cyr, David T. Smernoff, Nonette I lanko, Betsy Crowder, Kenneth C. Nitz • General Manager: L. Craig Britton Inter -office Memorandum September 15, 1997 TO: Craig Britton, General Manager FROM: John Escobar, Operations Manager; SUBJECT: Reported Criminal Activity at Fremont Older OSP I contacted Lieutenant Bill Slack with the Santa Clara County Sheriff's Office regarding reported drug -related criminal activity brought to the attention of Board at their August 27 meeting by Mr. Leu Vasquez. Mr. Vasquez expressed concern that illicit drug activity was occurring at Fremont Older Open Space Preserve and in the Prospect Road Parking Lot. Lieutenant Slack was familiar with Mr. Vasquez and the reports of criminal activity in the area. The Sheriffs Office has responded to Mr. Vasquez's concerns on several occasions. Lieutenant Slack reported that the Sheriffs Office has increased patrols in the area, used plain -clothes deputies in unmarked cars to observe the activity in the parking lot, and followed -up on all license plate numbers reported by Mr. Vasquez as being associated with suspicious activity. The most serious unlawful activity found in the area to date has been the consumption of alcoholic beverages by a minor. Lieutenant Slack assured me that the Sheriff's Office will continue to monitor activity in the parking lot and respond to citizens' reports of any criminal activity in the area. I let the lieutenant know that our ranger staff will be informed of Mr. Vasquez's concerns and will immediately report any suspicious activity to the Sheriffs Office. I will give Mr. Vasquez a call and share this information with him. cc: Board of Directors Tom Lausten, Supervising Ranger Lt. Bill Slack, West Side Substation Regional Open Ace September 12. 1997 Glenn Schwartz, Sports Editor San Francisco Chronicle P.O. Box 7260 San Francisco, CA 94119 Dear Mr. Schwartz: — MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Allow me to correct some erroneous information contained in Tom Stienstra's September 12 column regarding access for dogs in Bay Area open space and park lands. First, the Midpeninsula Regional Open Space District includes approximately 42.000 acres of open space land. managed for the public in 23 open space preserves, not the 50,000 acres and 30 preserves mentioned in the column. More importantly, Mr. Stienstra is under the mistaken assumption that "...no dogs are permitted on any of the trails..." on Midpeninsula Regional Open Space District land. In fact, the District allows leashed dogs on approximately 40 miles of trails in eight of its open space preserves. In addition, a 16 -acre off leash area is located in the District's Pulgas Ridge Open Space Preserve. The public is invited to obtain complete information on the Midpeninsula Regional Open Space District's public open space land by calling us at (650) 691-1200, sending email to mrosd@openspace.org, or visiting our web site at www.openspace.org. Sincerely, Malcolm Smith Public Affairs Manager MS/mcs cc: LAIROSD Board of Directors Tom Stienstra fiCetz r. 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 • Genera! Manager: L. Craig Britton Regional Open ice September 9, 1997 Ms. Vanya Sloan, President Alliance for a New Moffett Field 2220 View Street Mountain View, CA 94041 Dear Ms. Sloan: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Thank you for inviting the District to be a co-sponsor of the one -day symposium on Moffett wetlands. As you know, this area is of great concern to the District, as we've been involved for a number of years in helping to secure segments of the Bay Trail. In addition, the District agrees that the issue of wetlands habitat protection, restoration, and preservation should be brought the forefront of the local public awareness. We're happy to accept your invitation to be a co-sponsor. Enclosed is the requested check for $50.00 to assist in symposium expenses. Please forward any details and background information to me, here at the District office. In addition, two members of the District's Board of Directors have expressed an interest in attending the symposium, so please mail them information as well: Pete Siemens 69 Ellenwood Avenue Los Gatos, CA 95030 Mary C. Davey 12645 La Cresta Drive Los Altos Hills, CA 94022 Please let me know how many people you expect to attend so that we can provide an appropriate quantity of District materials for pickup. Again, thank you for the opportunity to participate in this event. L. Craig Britton, General Manager LCB/mcs cc: MROSD Board of Directors , �• Ulkt4 .oi.. tW- S Celebrate 25 Years of Open Space Preservation • 1972-1997 • 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 STEPHEN M SCHMIDT MAYOR BERME NEVIN MAYOR PRO TEM ROBERT N BURMEISTER COUNCILMEMBER PAUL COLLACCHI COUNCILMEMBER CHUCK KINNEY COUNCILMEMBER • ." CITY OF MENLO PARK September 4, 1997 701 LAUREL STREET/ MENLO PARK, CA 94025-3483 / 650.858.3380 / FAX 650.328.7935 Ms. Mary C. Davey President Board of Directors Mid -peninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Re: VIP TOUR August 23, 1997 Dear Ms. Davey: Thank you and your staff for arranging and conducting a spectacular and very informative tour of the San Mateo County portion of the Mid -peninsula Regional Open Space District lands on August 23, 1997. My wife, Marilyn, and I felt especially favored to be on the bus with your general manager, Craig Britton, who was both very knowledgeable and passionate about the District and its mission. From the tour we sensed proper management and environmental protection of the District's facilities is becoming a major concern as a result of trying to balance competing uses by various recreational advocacy groups. With our growing population on the Peninsula and the advancement of alternative recreational outlets, such as mountain biking, we realized that conflicts have developed between hikers and bikers and trail systems have suffered erosion. In addition, other interests groups such as horse enthusiasts, hang gliders, dog owners who prefer no leashes or dog owners who recognize the need for leashes, handicapped access, etc. are pressuring the District to satisfy their recreation wants. We encourage you to make a strong stand in all of these cases to maintain the original philosophy of the District of providing a wilderness experience. By satisfying all recreational wants you may endanger the overall benefit of the District to provide a natural experience that is truly unique and inspiring. Thank you for the tour and your guardianship of our open space experiences. Sincerely, arc. PA4A-"d-- Charles M. Kinney 1q'-+1 Councilmember kinney.doc r Printed on recycled paper SACRAMENTO ADDRESS STATE CAPITOL P.O. BOX 942849 SACRAMENTO, CA 94249-0001 (916) 445-7632 FAX: (916)324-6974 ted.lempert@assembly.ca.gov DISTRICT OFFICE 4149-B EL CAMINO WAY PALO ALTO, CA 94306-4010 (650) 856-2181 FAX: (650) 856-2187 ,Assembig California Ifirgistafurt TED LEMPERT ASSEMBLYMAN, TWENTY-FIRST DISTRICT REPRESENTING PORTIONS OF SAN MATEO AND SANTA CLARA COUNTIES September 3, 1997 L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Craig: COMMITTEES: HIGHER EDUCATION, Chair BANKING AND FINANCE BUDGET EDUCATION LOCAL GOVERNMENT TRANSPORTATION Chair, SELECT COMMITTEE ON COASTAL PROTECTION Chair, SELECT COMMITTEE ON EDUCATION TECHNOLOGY Thank you for expressing your support of Assembly Bill 1055, authored by Assemblyman Antonio Villaraigosa, which would enact the Safe Playground Facilities and Recycled Materials Act of 1997. I appreciate your taking the time to contact me. I thought you would be interested to know that Assembly Bill 1055 passed the Assembly on August 25th, with my full support, by a vote of 64-13. It is now in the Senate Rules Committee awaiting referral to its first policy committee. I also wanted to take this opportunity to let you know that it was a pleasure working with you, your staff and your Sacramento representative, Ralph Heim, on Assembly Bill 1366. I am very pleased that our efforts were successful and that the bill was signed into law by the Governor. Please let me know if there is anything I can do to assist you in publicizing these new potential additions to our San Mateo County trail system. Thank you again for sharing your interest in AB 1055 with me and for sponsoring AB 1366. I look fo d to working with you in the future. Sincerel TE t LEMPERT Assemblyman, 21st District TL:lsb P1 cc: Ralph Heim • Printed on Recycled Paper Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 RECE!A/ED SP T9g7 MIDPENINSULA REGIONAL Gentlemen, [OPEN SPACE DISTRICT This letter is to express my appreciation for a service rendered by Ranger Phillip Hearin a few days ago. I regularly fly my radio controlled sailplane at the model airplane facility at Rancho San Antonio. On September 3, 1997 I inadvertently let it get very high and out of my sight, so it sailed away without being under my control. I had no idea where to look to find where it finally came down, and could only hope that someone would find it and call me. Sometime over this past weekend while I was out of town, Phillip left a message on my answering machine saying that the plane had been found. On Sunday, Sept. 14, he called again to say he would bring it to the flying field and I could get it there. Of course, I'm very, very happy to have the plane back, and am so pleased that Phil climbed the tree to get it. I'm especially pleased that he went to the trouble to take extreme care to get it down with no damage; that must have taken quite an effort because the plane is quite large and must have been very hard to handle up in the tree. The only damage to the plane was caused by the landing in the tree, and that was insignificant; the almost perfect condition was more than I could have hoped for, and I'm grateful to Phil for that. All of us who fly at the field will rest a bit easier, should we loose a plane again, in the knowledge that there is a good likelihood that it will be spotted by one of your rangers. Having the field for our use is greatly appreciated by all of us, and having the area patrolled by the rangers is another real benefit for us. Robert Sarquis 1053 Prune Ct. Sunnyvale, CA 94087 WEST VALLEY COLLEGE A!11, 291997 ML August 27, 1997 i �C`r John Escobar, Operations Manager Mid Peninsula Open Space District 330 Distel Circle Los Altos, California 94022 Dear John, I am writing you to inform you of the outstanding job,. Patrick Congdon, did yesterday. Pat provided the West Valley College Park Management Program's Maintenance class with a tour of the Skyline Office facilities. The students had the opportunity to see how efficient and safety conscious the staff is about their operations. Patrick also was able to share many of the maintenance projects that occur on District Lands and to cover them from the preplanning through the actual ongoing maintenance of these projects and facilities over a span of yearly operations. The main concept that Patrick was able to get across to the students was his true dedication and commitment to his position. The enthusiasm that he was able to deliver about his position and the role of MPOSD as a "Land Steward" agency was very rewarding. Patrick was able to hold the attention of the students for over four hours and communicate a great deal of information in a friendly organized manner. The general comments from the students centered around how impressed they were by the facilities and how dedicated Patrick is towards his position. We greatly appreciate the opportunity to participate in such a positive experience. Thanks go to his supervisors for allowing him to take time away from his busy schedule to perform this task. On behalf of Kim Aufhauser and the Park Management students we thank you for this opportunity. Sincer ohn Nicholas, Division Chair Applied Arts and Sciences Division cc. Patrick Congdon 14000 Fruitvale Avenue Saratoga, California 95070-5698 408/867-2200