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HomeMy Public PortalAbout19980128 - Agendas Packet - Board of Directors (BOD) - 98-02 4 f ll0n J 1 b µme✓ h..� � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-02 REGULAR AND SPECIAL. MEETINGS BOARD OF DIRECTOR AGENDA* 5:30 P.M. 330 Distel Circle Wednesday Los Altos, California January 28, 1998 *** PLEASE NOTE*** 5:30 P.M. District Procedures Workshop 7:30 P.M. Regular Meeting Start 77me (5:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS DISTRICT PROCEDURES WORKSHOP (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey *** WRITTEN COMMUNICATIONS BOARD BUSINESS (7:45) 1. Appointment of 1998 Board Committees -- B. Crowder (7:55) 2. District Appointments to the Midpeninsula Regional Open Space District Financing Authority Governing Board -- B. Crowder (8:00) 3. Proposed Addition of Vanderpan Property to Kennedy-Limekiln 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 Recommendations Including Naming the Property as an Addition to the Kennedy Limekiln Area of '_ " Celebrate Yea..___ofO ion 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 Celebrate 25 Years of Open Space Preservation 1972-1997« FAX:650-691-0485 . E-mail:mrosd®openspace.org * Web site:www.openspace.org ED Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz ^ General Manager:L.Craig Britton Meeting 98-02 Page 2 Sierra Azul Open Space Preserve; and Indicate Their Intention to Dedicate the Property as Public Open Space -- M. Williams Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer To Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Vanderpan) (8:10) 4. Authorization to Retain Cotton, Shires & Associates Inc. for Consulting Services to Prepare Construction Documents and Increase the Project Budget for Schilling Lake Spillway Repairs at Thornewood Open Space Preserve; Authorization for the General Manager to Execute an Agreement with Cotton, Shires Associates in the Amount of$18,500 Increasing the Project Budget from $15,000 to $35,000 -- R. Anderson (8:15) 5. Tentative Adoption of Preliminary 1998-1999 Action Plan for Implementation of District's Basic Policy -- C. Britton *** 6. Acceptance of the Informational Report on the Ranger Bicycle Patrol Program in 1997 -- A. Coleman (8:45) 7. Approval of Amendment to District Legal Counsel Employment Agreement Reclassifying Position From One-Half to Two-Thirds Time and Approval of Salary and Benefit Adjustment -- Ad Hoc Committee *** 8. Authorization to Change District's Designation of Authorized Signatories for Entering District Safe Deposit Boxes -- D. Dolan Resolution Establishing Signatories for Entering Safe Deposit Boxes (Mid- Peninsula Bank) (8:50) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) ADJOURNMENT *NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public continent on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Open . x MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DISTRICT PROCEDURES WORKSHOP 5:30 p.m.,Wednesday,January 28, 1998 AGENDA 1. Oral Communications-Public 2. Review of Board/Staff Agreement 3. Deadlines for Board Additions/Attachments to Agenda Items 4. General Procedures for Board Correspondence 5. Electronic Mail and Out-of-District Correspondence 6. Number of Times Action Plan/Evaluations Come to Board 7. Procedures for Agenda Item Reconsideration 8. Accounting for/tracking of Compensatory Committee Meetings 9. Other District Procedures Additional Items for Future Committee or Board Discussion: Advance Public Notification of Agenda Items Denying Claims Rules of Procedure for Safe Deposit Box Access Board Officer Election Procedures Agenda Packet Subscriptions Board Member Attendance at Board Committee Meetings Minor Questions/Clarifications on Consent Items T��U�koi• 15�1 Celebrate 25 Years of Open a .of Space Preservation_ 330 Distel Circle • Los Altos,CA 94022-1404 * Phone: 650-691-1200 1972-1997 n 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.SmeCrowder,` General ton rnoff,Nonette Hanko,Betsy Kenneth C.Nrtz � General Manager.L.Craig Britton Regional Icy MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-19 Meeting 98-02 January 28, 1998 AGENDA ITEM I AGENDA ITEM Appointment of 1998 Board Committees PRESIDENT'S ECOMMENDATION jz, 7 t-1 Approve my appointments to standing and ad-hoc committees as contained in this report, including the determination of compensation status. piSCUS ION Section 1.80-.82 of our Rules of Procedure calls for the Board President to appoint Board members to our existing standing and ad-hoc committees with consent of the Board. The four standing committees consist of Administration and Budget; Legislative, Finance, and Public Affairs; Use and Management; and Acquisition and Enterprise. Following our Rules, Administration and Budget Committee appointments were made at our January 11 meeting. The remaining appointments are to be approved at our January 28 meeting. All standing committees are compensable. The ad hoc Board Appointee Evaluation, Operations Program Review, Ridge Trail, and Trails/Wilderness Policy Committees are also proposed to be compensable. In addition, I am also recommending the ad hoc Coastal Committee be compensable. The former ad hoc Picchetti Lease Committee is proposed to be disbanded, and all historic lease matters (currently Picchetti, Fremont Older, and Thornewood) are recommeded to be reviewed by the Acquisition and Enterprise Committee. Proposed committee assignments for 1998 are shown on the following page. Prepared by: Deirdre Dolan, District Clerk Contact person: Same as above We, 4,Utz+�14 U�Ste! __.__...--------_. 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@openspaee.org - web site:www.openspace.org 0 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 BOARD OFFICERS - 1998 President - Betsy Crowder Vice President - David Smernoff Treasurer - Ken Nitz Secretary - Jed Cyr BOARD COMMITTEES STANDING COMMITTEES* ADMINISTRATION AND BUDGET COMMITTEE (1998) Jed Cyr Ken Nitz Mary Davey LEGISLATIVE, FINANCE, AND PUBIC AFFAIRS COMMITTEE (1998) Nonette Hanko Mary Davey Pete Siemens USE AND MANAGEMENT COMMITTEE (1998) Jed Cyr Pete Siemens David Smernoff ACQUISITION AND ENTERPRISE COMMITTEE (1998) David Smernoff Ken Nitz Nonette Hanko *All standing committees are compensable. ------------------------------------------------------------------------------------------------------------------ 1998 AD-HOC COMMITTEES BOARD APPOINTEE EVALUATION COMMITTEE (compensable) Betsy Crowder Pete Siemens Ken Nitz OPERATIONS PROGRAM REVIEW COMMITTEE (compensable) Nonette Hanko Pete Siemens Jed Cyr CORTE MADERA TRAIL COMMITTEE (non-compensable) Jed Cyr Betsy Crowder David Smemoff RIDGE TRAIL COMMITTEE (compensable) Mary Davey TRAILS/WILDERNESS POLICY COMMITTEE (compensable) Nonette Hanko David Smemoff Betsy Crowder Alternate: Jed Cyr COASTAL COMMITTEE (compensable) Mary Davey Nonette Hanko Betsy Crowder Alternate: Ken Nitz of f al Open ice _ - ------------ w MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-20 Meeting 98-02 January 28, 1998 AGENDA UEM _ 2 AGENDA ITEM Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority PRESIDENT'S RECOMMENDATION ° Approve my appointment of Directors Nitz, Smernoff, and Davey to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. DISCUSSION The Governing Board of the Midpeninsula Regional Open Space District Financing Authority consists of five members. The District's Board President is one member. Three members are to be members of the District's Board of Directors who are appointed by the Board President. The fifth member is the member of the Santa Clara County Board of Supervisors whose district encompasses the greatest territory of the Open Space District and who is appointed to the Board of the Authority by the Chairman of the Board of Supervisors. Section 2.4 of Article II of the Authority's bylaws calls for the Treasurer of the District to be the Treasurer of the Authority. I recommend that you approve my appointment of Directors Smernoff(Vice-President), Nitz (Treasurer), and Davey to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. Prepared by: Deirdre Dolan, District Clerk Contact person: Same as above 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 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 Rqglonalis R-98-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-02 January 28, 1998 AGENDA ITEM _3 AGENDA ITEM Proposed Addition of Vanderpan Property to Kennedy-Lir>Jekiln Area of Sierra Azul Open Space Preserve C;ENF.R A T. MANAGER'S ECOMMENDATI NS �J I 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 Vanderpan property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Vanderpan property as an addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space. DISCUSSION In 1994, the District was awarded two grants for land acquisition in the area lying directly east of Lexington Reservoir; a Habitat Conservation Fund grant of$212,500 and a Caltrans Environmental Enhancement and Mitigation grant of$340,000. A portion of the Habitat Conservation Fund grant will be used to partially fund the acquisition of the Vanderpan property- DESCRIPTION (see attached maul The property being considered for acquisition is located near Mt. Thayer east of Lexington Reservoir. It is in close proximity to Soda Springs Road, situated on a prominent ridge between Soda Springs Canyon and Hooker Gulch. The property is surrounded by portions of the Sierra Azul Open Space Preserve; Kennedy Limekiln Area to the north, Cathedral Oaks Area to the west, and Mt. Umunhum Area to the south and east. The 123.23-acre property is bounded by District land to the north, northeast, and southwest. Private property is located to the west and southeast. Access is limited to a deeded easement on an overgrown unsurfaced road that originates at Soda Springs Road and passes through existing District lands. The topography is comprised of steep north-facing slopes that drain into Soda Springs Canyon. Dense stands of scrub oak are characteristic of Celebrate 330 Distel Circle a Los Altos CA�940222-14044 � Phone:650-691-1�200p � Celebrate 25 Years of Open Space Preservation � i - 1972-1997« FAX:650-691-0485 - E-mail: mrosd@o ens ace.or Web site:www.o ens ace.or= 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-98-14 Page 2 the area and give way to mixed forest nestled in deep ravines. A major drainage, originating on existing District lands and descending steeply northward into the Soda Springs Canyon, extends through the northwest comer of the property. Improvements to the property consist of an overgrown unsurfaced road which apparently was constructed in anticipation of residential development. The road extends to planed home sites and crosses the property in the east-west direction. It is accessed from a driveway easement that passes through District land and a private parcel adjacent to Soda Springs Road. The property and surrounding area encompasses the headwaters of Soda Springs Canyon and provides valuable viewshed and wildlife habitat. Dense vegetation, perennial streams, and remote inaccessible hillsides make this ideal habitat for deer and mountain lion. The property is viewed from the San Francisco Bay Area Ridge Trail which climbs from Priest Rock up to Mt. El Sombroso. In the future, there is the potential for providing a trail through the property that would connect to the Bay Area Ridge Trail. USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20- to 160-acre minimum lot size dependent on the average steepness of the property. Santa Clara County's Trails Master Plan identifies the San Francisco Bay Area Ridge Trail corridor or in this vicinity, connecting Lexington Reservoir Recreation Area to Mt. Madonna County Park. The parcel is rated in the District's Open Space Master Plan as having moderate composite open space values and is important in terms of potential outdoor recreation, wildlife habitat, and scenic backdrop. Preliminary Use and Management Plan Recommendations Public Access: Designated Conservation Management Unit; public use will not be encouraged until public use limitations can be sufficiently overcome. Trail Designation: No trails or roads are designated for trail use. Dedication: Indicate your intention to dedicate the property as public open space. Name: Name the property as an addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Signs: Install private property and preserve boundary signs where appropriate. R-98-14 Page 3 Site Safety Inspection: Property has been inspected and there are no known hazards. CFQA COMPLIANCE Roject Description The project consists of the acquisition of a 123.23-acre parcel of land as an addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the adjacent preserve. The land will be permanently preserved as open space, open to the public, and maintained in a natural condition. CFQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies the land will not be developed and will remain 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 interests in the property and maintain the open space character of the area. I Section 15325 exempts transfers of ownership of interests in land in order to preserve open space.ce This acquisition will transfer ownership of the property to the District and ensure it will be preserved as public 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 & CONDITIONS This acquisition is part of a successful Habitat Conservation Fund grant application in 1995. The purchase price of$308,075 is based upon the listed amount of$2,500 per acre. This price is considered to be the fair market value of the property and has been confirmed by a fee appraisal of the property obtained by the District. The Habitat Conservation Fund grant provides for fifty percent of the acquisition funding as a matching financial contribution. The R-98-14 Page 4 net cost to the District is approximately $154,038. BUDGET CONSIDERATIONS 1997/1998 Budget for Land Acquisition New Land $12,700,000 Previous Acquisitions (1,488,220) Vanderpan Acquisition proposed on this agenda (308,075) Acquisition Budget Remaining $10,20-2 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 Kennedy Limekiln Area of Sierra Azul Open Space Preserve for protection of the Soda Springs watershed, and mountain lion and deer habitat. 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 Management Specialist 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, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF VANDERPAN) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Delbert A. and Karen L. Vanderpan 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 Tli 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 $2,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$308,075 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District c. lei J -_J,"-..� ✓^ �--. \�\,,,�`"\.�-,� �r�J�, L,..�—,-+� � `� i._�.-_,'^-_�`1 I W' �I..-. f 4 j j:. � J \•.r', \ r / S ,'�,.,.. �_TI `\ � �._...�, � .1 ! 1 ��• ' "' /v � ram' F ,1 Il .��j -' _S� ,sue-' -. _ '�� ^� � _� �•�''•`�` , f { t I > � t _ 'mot 1 `I,.'�°°e _ ., '~, 1 � /'� 1 �� (svt) LEXINGTON i�OUNTY`1-11 o ,-"; J -- _ I (SA23) c� _ _ J _ ' r __,- ' J I z,od f 16b0 ;PARK • -� / ^��J `qc 1.0 `\-',• N. 2600: r • �•._ I t� •�}�\ F`(, � C `�� ,, ..:1!^�.,-'` .-.�..I ...'-"t t,j r J-% /.'`Y'.�T` -..;' "'�lS.r f ,L �i 2� 2pL I i �> f •-`. /, r�✓:-:J,..� \! _\Jh fd�� `lll/� l'. 1- N. ^- -x J- w /Soda _ #�"'��'•-•� !' � � t a),f ll',�8£J--i�'� '+ �-'1 _ "i,., i \ \�\ _.i :.i-__..,_1 .,' 1`` �,i y `�` '1 `l ; � —� 1, ,�'.'',�, v /l ��_—\-.., •�•� � i ••�`—`�. --•.. i : '� y ` 800 �000--�'".. t .7 i ; �t \ % y K!°ods J � ,14001200 7 •�:. i l \ ,.". {. Cf..,Ll f ; /'. /� J _ `i J`"t �� 2 ) PROPOSED `. ✓ _ �� �' -�✓J ^( �!._/._pow \; `\ ,� `,� \ ACQUISITION IN ACQUISITION(VANDERPAN) ��" � � >� ,� � '�• � �_> \ } w r 1 �� '. I� � •� ( ���~ � Z,�•..;`.r-I 1 l r.., b�.•t1 / i./1 '•, \ i`l�i _ �.�,.\���', \`I 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 \� i\ _i f \ ,•� ,���___ ���—t \t —, \\ •_� �� i 1n''..% / t �1\� ' ����UVIt. Ihayer`�, One Mile 3 EXHIBIT A: PROPERTY LOCATION vndrpn2.ai 12/29/97 Joe Beatty Real Estate Delbert A. Vanderpan Karen L. Vanderpan 7172 Anjou Creek Circle 1430 Glenmoor Way 124 Montclair Road San Jose, CA 95120 San Jose, CA 95129 Los Gatos, CA 95030 Harty Benson, Trustee Herbert C. Vielbaum, Trustee etal. David B. And Barbara S. Leeson 800 Blossom Hill Road 756 Acacia Drive 15500 Soda Springs Road Unit E 124 Burlingame, CA 94010 Los Gatos, CA 95030 Los Gatos, CA 95032 Carl J. Carlson, Trustee Frederick M. Osborne, Trustee Martin E. Vahur c/o Consolidated Services Fund Mary Ann Osborne, Trustee 15905 Soda Springs Road P. O. Box 11830 2530 Roundhill Drive Los Gatos, CA 95030 Reno, NV 89510 Alamo, CA 94507 D. J. White, Trustee Antoinette T. White, Trustee 16005 Soda Springs Road Los Gatos, CA 95030 ic' PURCHASE AGREEMENT This Agreement is made and entered into by and between Delbert A. Vanderpan and Karen L. Vanderpan, husband and wife, hereinafter called "Seller" and 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 reall 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. Purchase anti Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred twenty three and twenty three hundredths (123.23) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-10-002. Said property being further described in the Legal Description attached to Preliminary Title Report number 36300013 from Stewart Title of California, Inc., 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". I 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Three-Hundred Eight Thousand and Seventy-Five Dollars ($308,075.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 12 herein, an escrow shall be opened at Stewart Title of California, Inc., 4991-A Cherry Avenue, San Jose, CA 95118, (408) 267-8811 (Escrow number 36300013) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before February 20, 1998, provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara. (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 Three Hundred Seven Thousand Seventy Five Dollars and No/100 ($307,075.00) which is the balance of the Purchase Price of$308,075.00 as specified in Section 2. The balance of$1,000.00 was paid into escrow in accordance with Section 11 of this Agreement. f_ (e) Seller shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. (f) Seller shall cause Stewart Title of California, Inc., 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$308,075.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exceptions 3, 4, 4, and 10 as shown on said Preliminary Report (Exhibit A), and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. 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 Purchase Agreement Page 4 payments pursuant to California Government Code Section 7260 et=Q. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. (a) Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. (b) Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. (c) 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. Integrity of P=M. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 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 i • Purchase Agreement Page 5 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 �l ) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (b) Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) To Seller's knowledge, without farther inquiry or investigation, the Property does not contain and has not previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled, generated, stored, treated, discharged, present, buried or disposed of on, under or about the Property, or transported to or from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing; (ii) Seller has not received any notice and, without furthe inquiry or investigation, Seller has no actual knowledge that any private person or governmental authority or administrative agency or any employee or agent thereof has determined, alleged or commenced or threatened to commence any litigation, or other proceedings, 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, nor has Seller received any communication from any such person or governmental agency or authority concerning any such matters. (c) Indemnity. Seller shall indemnify, defend and hold harmless District from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by District, including without limitation, attorney, engineering and other professional or expert fees, to the extent arising from any breach of the warranties or representations contained herein. 9. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive thee 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 Purchase Agreement Page 6 Amendments of 1987 (Public Law 100-17, Tide 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 Y provided for b said Federal Law and any corresponding California Government P Code Sections. 10. Miscellaneous Provisions. (a) Choice of Taw. 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. (b) Attorneys' Fees. If either party hereto incurs any expense, including reasonable s attorneY 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 is awarded all of the relief prayed for the prevailing as determined b PAY P Y � P gP�Y Y the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. (c) Amendment and Waiver, The parties hereto may by mutual written agreement reement amend tis Agreement in anYre respect. Any P Yhereto may: (i) exten d the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the perfor- mance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. (d) Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. Purchase Agreement Page 7 (e) Notice. 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: Delbert A. Vanderpan c/o Joe Beatty Real Estate (Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (408) 268-4062 FAX (408) 927-0225 Delbert A. Vanderpan 1430 Glenmoor Way San Jose, CA 95129 (408) 255-2312 Karen L. Vanderpan 124 Montclair Road Los Gatos, CA 95030 (408) 378-2921 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton General Manager (650) 691-1200 FAX: (650) 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 Purchase Agreement Page 8 mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. (f) Seve_ rabilitty. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. (g) Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. (h) 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. (i) Entire Agreemellt. 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. 0) Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. (k) Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. Purchase Agreement Page 9 (1) Acsg m en . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. (m) Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. (n) Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. (o) Broker's Commis-don. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. (p) Cam. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. (q) Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. (r) Arbitration of Dilutes. If any dispute arises between District and Seller relating to this Agreement and the purchase and sale of the Property, the District and Seller agree that the dispute shall be resolved by binding arbitration determined by three arbitrators appointed as set out below: (i) Within 10 days after a notice by either party to the other requesting arbitration and stating the basis of the parry's claim, each party shall appoint one arbitrator, notifying the other party of the appointment when made; Purchase Agreement Page 10 (ii) The two arbitrators shall immediately choose a third arbitrator to act with them. If a party fails to select an arbitrator within the time allowed or if the two arbitrators fail to select a third arbitrator within 10 days after their appointment, the additional arbitrator shall be promptly selected by random lot in a manner agreed among the arbitrators already appointed from a pool of up to six names, with each party entitled to submit no more than three names. (iii) The arbitration shall be conducted under Code of Civil Procedure §§1280-1294.2. Hearings shall be held in Santa Clara County, California. (iv) A decision of the majority of Arbitrators shall be binding on both parties. The prevailing party in arbitration shall be entitled to an award of its coats of arbitration. However, each party shall pay for their own attorney's fees. NOTICE: BY .INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO .HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUM- PROVISION TO NEUTRAL ARBITRATION. SELLER INITIAL ` , BUYER INI 11. Acce an P. Provided that this Agreement is executed by Seller and delivered to District on or before November 8, 1997, District shall have until midnight January 28, 1998 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. As consideration for the tender of said offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. Purchase Agreement Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SFT.i.FR MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Delbert A. Vanderpan ACCEPTED FOR RECOMMENDATION Date: C G.S� Michael C. Williams, Real Property "-V Representative Karen L. Vanderpan APPROVED AS TO FORM: Date: . �pL Sue Schectman, District Counsel _47t775 471 PPROV AT L. Craig Bri on General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTES District Clerk Date: PROPERTY ADDRESS r OW OFFICE: VACANT LAND L 4ART TITLE OF CALIFORNIA, ', LOS GATOS, CA 4991-A Cherry Avenue AV9 San Jose, CA 95118 (408) 267-8811/Fax(408) 266-42 Sanctity of Contract Contact: LAURA HIGGINS STEWART TITLE OF CALIFORNIA, INC. PRELIMINARY REPORT Issued for the sole use of: JOE BEATTY REAL ESTATE Our Order No. : 36300013 7172 ANJOU CREEK CIRCLE SAN JOSE, CA 95120 Attn: GARY BECK Telephone No. (408) 268-4062 Title Officer: JAMES PARKER In response to the above referenced application for a policy of title insurance, Stewart Title of California, Inc. hereby reports that is prepared to issue, or cause to be issued, as of the date hereof a Policy or Policies of Title Insurance describing the land at the estate or 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 below and the exceptions and exclusions set forth in Exhibit B of this report carefully, The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It is important to note that this preliminary report Is not 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 FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. EXHIBIT Page of CLTA PRELIMINARY REPORT(Effective 1-1-95) • SCHEDULE A Order No.: 36300013 Dated as of: August 21, 1997 at 7 : 3 0 A.M. The form of policy of title insurance contemplated by this report is: 1) California Land Title Association Standard Coverage Policy - 1990 The es tate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to sai d d estate or interest at the date hereof is vested in: DELBERT A. VANDERPAN AND KAREN L. VANDERPAN, His Wife The land referred to in this report is situated In the State of California, County of Santa Clara, in Unincorporated Area and is described as follows: SEE "LEGAL DESCRIPTION" ATTACHED EXHIBIT __.,fi, CLTA PRELIMINARY REPORT(REV.1-1-M) Page ofe� EXHIBIT "A" LEGAL DESCRIPTION Order No.: 36300013 The land referred to herein is situated in the State of California, . County of Santa Clara, unincorporated Area described as follows: LOTS 11, 12, AND 14, of Section 1 in Township 9 South of Range 1 West of Mount Diablo Meridian, containing 123 .33 acres according to the united States Official Survey. APN/ARB: 562•-10-002 STEW T TITLE EXHIBIT Page_,3 # �3 Order No. 363000 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exception's and exclusions in a Policy of Title Insurance are as follows: 1 . General and Special city and/or county taxes, including any assessments collected with taxes, to be levied for the fiscal year 1997-1998 which are a lien not yet payable. 2 . Said property has been declared tax defaulted for non-payment of delinquent taxes for the Fiscal Year 1994/95 thru 1996/97 Amount to Redeem Prior to : SEPTEMBER 30, 1997 Is : $1, 647 . 58 Amount to Redeem Prior to : OCTOBER 31, 1997 Is : $1, 665 . 88 A.P.N. : 562-10-002 3 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3 . 5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4 . Any water rights, rights to ditches and reservoirs and also mineral rights and incidentals described in that certain Homestead Certificate No. 3512 Application 6026 from the United States of America to Letitia E. Ryder recorded August 8, 1891 in Book E of miscellaneous Records at Page 138, Santa Clara County. S . An agreement to which reference is made for full particulars Dated December 1, 1972 By and Between: Delbert A. Vanderpan and Karen L. Vanderpan, Husband and Wife and Hugh W. Reece, Jr. and Catherine M. J. Reece, Husband and Wife Regarding Easements for Road and Boundaries Recorded November 2, 1978 In Book E072 at Page 459, as Instrument No. 6190881, Official Records 6 . An abstract of judgment for the amount shown below and any other amounts due. Creditor NCCS, Inc . , dba North Coast Collection Service Debtor Karen L. Vanderpan Date entered November 21, 1991 County Contra Costa Court Municipal Court of Contra Costa County Case No 106373 Amount $1, 623 . 25 Recorded January 10, 1992 In Book M003 . at Page 0120, as Instrument No. 11196482 of Official Records. Attorney Lawrence McLaughlin Address 900 College Ave. , Santa Rosa, CA 95402 Telephone No. : (707) 528-4067 7 . An agreement to which reference is made for full particulars -1- Continued on next page EHIBIT_1q X SCHEDULE B Page q of CLTA PRELIMINARY REPORT STEWART TITLE - Guaranty Company _L44:__ N SCHEDULE "B" CONTINUED: Order No. 36300013 Dated August 4, 1995 By and Between: Hugh W. Reece, Jr. , Delbert A. Vanderpan, Karen L. Vanderpan Regarding Easement Agreement Recorded August 10, 1995 In Book N954 at Page 0501, as Instrument No. 12978020, Official Records 8 . An agreement to which reference is made for full particulars Dated August 4, 1995 By and Between: Hugh W. Reece, Jr. , and Delbert A. Vanderpan, and Karen L. Vanderpan Regarding Easement Recorded November 1, 1995 In Book P068 at Page 0147, as Instrument No. 130759760, Official Records 9 . Notwithstanding the insuring clauses of the policy, hereby contemplated, the Company does not insure against loss which results from lack of access to the property herein described. 10 . An facts, rights, interests or claims which correct a survey would disclo se and which are not disclosed by public records. 11 . The requirement of this Company• that an inspection be .completed prior to the Close of Escrow. NOTE: 1 . General and special taxes for the fiscal year 1996/1997 have been paid, including personal property taxes, if any. lst Installment : $216 . 51 DELINQUENT PENALTY $21. 65 2nd Installment : $216 .51 DELINQ DENT PENALTY $31. 65 2 . There have been no conveyances of said land recorded within 24 months prior to the date of this report. 3 . None of the items shown in this report will cause the company to decline to attach CLTA Indorsement form 100 to the ALTA Loan Policy, when issued. 4 . SHORT TERM RATE: NONE 5 . NOTE: THE FOLLOWING DESCRIPTION SHOULD BE INCLUDED IN ANY CONVEYANCE OR ENCUMBRANCE OF THE HEREIN DESCRIBED SC IBED PROPERTY, HOWEVER SAID Continued on next page -2- EXHIBIT Page S, of /3 SCHEDULE "B" CONTINUED: Order No. 36300013 NOTE (Continued) : DESCRIPTION IS VAGUE AND AMBIGUOUS AND THEREFORE UNINSURABLE. SAID DESCRIPTION READS AS FOLLOWS : PARCEL TWO: A non-exclusive easement 60 feet in width for a perpetual right of way for ingress and egress, roadway and utilities, located 30 feet on either side of the centerline of the existing roadway, traversing the following described property: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" OF THE GRANT DEED FROM HUGH W. REECE, JR. , recorded August 10, 1995 n Book N954, Page 501, Official Records . Beginning at a point where the centerline of the existing roadway intersects Soda Springs Road and following the existing road in a generally Northeasterly direction for approximately 300 feet until intercepting a sharp left hand turn, at which point there is a fork in the roadway; thence following the right hand fork over the existing roadway in a generally Easterly direction for approximately 200 feet to a 36 inch culvert and another fork in the roadway; thence following the left hand fork over the existing roadway to the East boundary of the parcel described in Exhibit "A" and the terminus of said easement. PARCEL THREE: A non-exclusive easement 60 feet in width .for a perpetual right of way for ingress and egress, roadway and utilities, located 30 feet on either side of the centerline of the existing roadway, traversing Lot 13, of Section 1, Township 9 South, Range 1 West, Mount Diablo base Line and Meridian. Beginning at a point where the centerline of the existing roadway intersects the Western Boundary of said Lot 13 and following the roadway in a generally Easterly dire,.%-.ion to the Westerly boundary of the land now owned by Delbert A. Vanderpan and Karen L. Vanderpan. 6 . CALIFORNIA "GOOD FUNDS" LAW Effective January 1, 1990, California Insurance Code Section 12413 . 1 Chapter 598, Statutes of 1989) , prohibits a title insurance company, controlled escrow company, or underwritten title company from disbursing funds from an escrow or sub-escrow account, (except for funds deposited by WIRE TRANSFER, ELECTRONIC PAYMENT OR CASH) until the day those funds are made available to the depositor pursuant to Part 229 of Continued on next page -3- 'EXHiBIT Page f.Z3 SCHEDULE "B" CONTINUED: Order No. 36300013 Title 12 of the Code of Federal Regulations, (REG.CC) . Items such as CASHIER'S CERTIFIED OR TELLER' S CHECK may be available for disbursement on the business day following the business day of deposit, however, other forms of deposits may cause extended delays -in closing the escrow or sub-escrow. Stewart Title of California, Inc . will not be responsible for accruals of interest or other charges resulting -from compliance with the disbursement restrictions imposed by State Law. JR/gt 09/09/97 -4- EXHiBiT Page__-1__of 13 RECORL 3 COSTS AND REQUIREA. .4TS State of California DOCUMENT REQUIREMENTS Any instrument, paper, or notice submitted for recording should be on 8Y2" x 11" white paper, preferably 16 lb. bond or heavier. They should be in black print, preferably minimum 10-point type on the first page and 8 point on subsequent pages. All printing or writing should be limited to one side of a page. Any document submitted for recording shall have at least X" margin on each vertical side. In addition, the to T/s" P of the-first a shall be reserved f • " page or recording information with the left 3/9 : used b the public to show the name Y P s of the person requesting recording and the name and address to which the document is to be returned following recording. The right-hand portion of the space is for use by the recorder only. Any document submitted must indicate the title or titles of the document(s) contained therein. Those titles must appear on the first page directly below the space reserved for the recorder. All information required by the statute which provides for the creation of the document must be there. In addition all recording requirements must be met. Any document which contains a sheet or sheets which do not measure 8%"x 11" or that do not comply with recording requirements may be subject to recording penalty of S3.00 for ever page of that document. PREUMINARY CHANGE OF OWNERSHIP REPORT (PCOR) A Preliminary Change of Ownership Report must be completed by the transferee (buyeo prior to the transfer of property in accordance with the provisions of Section 480.3 of the Revenue and Taxation Code. The Preliminary Change of Ownership Report should be submitted to the recorder concurrent with the recordation of any document effecting a change of ownership. If a document evidencing a change of ownership (i.e. Deed, Affidavit-Death Joint Tenant) is presented to the recorder for recording without a preliminary change of ownership report, the recorder may charge an additional $20. City and County of San Francisco RECORDING FEES The recording fees for the City and County of San Francisco are as follows: $7.00 for the first page of a document,plus$5.00 for each additie- 'title over one,plus$3.00 for each additional page(provided all pages of the document measure 8'!:'x 11'and comply with recordo., -�quirements). Documents that are not 8'Y2*x 11'and that do not comply with recording requirements are subject to an additional fee of$3.00 for each page. TRANSFER TAX RATE Effective October 17, 1994 the transfer tax rates for the City and County of San Francisco are as folows: $100 to$250,000 =S2.50 for each 5500 of consideration or portion thereof. $250.000 to$1.000.000 =$3.40 for each S500 of consideration or portion thereof. $1,000,000 or more =$3.75 for each 5500 of consideration or portion thereof. Transfer tax must be calculated on the total consideration given for the property. You may not deduct bens and ancumbranoes from the tax bur. TRANSFER TAX AFFIDAVIT It is the requirement of fhe City and County of San Francisco that a Transfer Tax Affidavit be completed and signed by the Grantor for each deed submitted for recording. This is in addition to a Preliminary Change of Ownership Report, :�ECREC(Rev 2.1.1995) Pop t EXH1a] Page Of County of San Mateo RECORDING FEES The recording fees for the County of San Mateo are as follows: $5,00 for the first page of a document,plus$5.00 for each additional title over one,plus $3,00 for each additional page(provided all pages of the document measure BW x 11'and comply with recording requirements). Documents that are not 8'/:'x 1 V and that do not comply with recording requirements are subject to an additional fee of$3.00 for each page_ SPECIAL NOTE:All documents must be on white paper,with black ink. TRANSFER TAX RATE The Transfer Tax Rate for the County of San Mateo is based on $1.10 per$1,000 (or 550 per$500)of total consideration given for the property,less liens and encumbrances remaining of record. In addition to the transfer tax charged by the County of San Mateo, the City of San Mateo has a Transfer Tax Rate of%of 1 percent($5.00 per$1,000),calculated on the total consideration given for the property. Do not deduct liens and encumbrances when calculating transfer tax for the City of San Mateo. For properties located in the Town of Hillsborough you should check to seed there are any special taxes by calling[415]579-3800. County of Santa Clara RECORDING FEES The recording fees for the County of Santa Clara are as follows: $7.00 for the first page of a document,plus$7.00 for each additional title over one,plus$3.00 for each additional page(provided all pages of the document measure 8'W x 11'and comply with recording requirements), except for deeds of trust,assignments of deeds of trust,reconveyances,requests for notice,requests for notice of delinquencies and notice of defaults. Deeds of trust, Reconveyanoes,Requests for Notice,Requests for Nobwof Delinquencies and Notices of Defaults are$9.00 for the first page of the document, plus$7.00 for each additional title over one,plus$3.00 for each additional page(provided all pages of the document measure 8'/:'x I and comply with recording requirements). A Substitution of Trustee and Full Reoonveyanoe,as a combined document is$18.00 for the first page of the document,pAis$3.00 for each additional page(provided all pages of the document measure 8'/:'x 11'and comply with recording requirements). The recording fee for a Release of Tax lien from the State of California, the County of Santa Clara,or a City is$11.00. The recording fee for a Release of Tax Lien from the I.R.S.is$7.00. When recording&teen,judgment or sbsbwt ofjudgment add$3.00 per owner or oivbb r There is a Sc rwy Monument Praservabbn Fee of$10.00 charged on the recording of d deeds containing a description other than that of a condominium or a complete let shown on a subdivided tract(this fee is not charged on easements). Documents that are not 8Y:'x 11'and that do not comply with recording requirements are subject to an additional fee of$3.00 for each page. TRANSFER TAX RATE The Transfer Tax Rate for the County of Santa Clara is based on$1.10 per f1,000(or 55$per 5500)of total consideration given for the property,less liens and encumbrances remaining of record. In addition to the transfer tax charged by the County of Santa Clara, the Cities of Mountain Yew, San Jose and Palo Alto have a Transler,Tax Rate based on$3.30 per$1,000(or$1.65 per$500)of total consideration given for the property,less liens and encumbrances remaining of record. RECREC(Rev 2-1.19%) pW 2 EXHIBIT�_ Page�of /3 ` ..L'.F� YrClll"'111'1 L;fr �_:pvR rV,rn EXHIBIT 'B' (Rev. 12-4-92) C. ORNIA LAND TnU ASSOCIATION STANDARD COVERAGE POUCY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs. Vtorney's fees or expenses which arise by reason of: '_ (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances or 'egu►ations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; III) the :hsracter, dimensions or location of any improvement now or hereafter enacted on the land; (iii) a separation in ownership or a :hang* in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, i,r the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect lien or encumbrances resulting from a violation or alleged violation affecting the and has been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to- the extent that a notice of the excercise thereof or a notice of a defect. lien or encumbrance resulting from a iiolation or alleged violation .affecting the land has been recorded in the public records at data of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, bot lot excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a surchaser for value without knowledge. 3. Defects, liens. encumbrances, adverse claims or other matters: a) whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured :laimant; b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not fisclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this 5olicy. c) resulting in no loss or damage to the insured cisiment; d) attaching or created subsequent to date of policy; or e) resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the insured mortgage )r for the estate or interest insured by this policy. 1. Un*nforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy x the inability or failure of any subsequent owner of the indebtednem to comply with the applicable doing business laws of he state in which the land is situated. i. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which aria a out of the transaction Ividenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. i. Any claim, which arises out of the transaction vesting in the insured, the •state of interest insured by this policy or the ransaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE 8, PART 1 "his policy does not insure against loss or damage (and the Company will not pay costs, attorneys fees or expenses) which inse by reason of: PART 1 Taxes or assessment which are not shown as existing liens by the records of any taxing authority that levies taxes or ssessments on real property or by the public records. 'roceedings by a public agency which may rosuft in taxes or assessments, or notices of such proceedings,whether or not shown by he records of such agency or by the public records. .. Any facts. Rights interests or claims which are not shown by the public records but- which could be ascertained by an ispection of the land which may be asserted by persons in possession thereof. Easements, liens or encumbrances. or claims thereof, which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would isclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (a) water ghts, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCL.USiONS 1 addition to the Exceptions in Schedule d, you are not insured against loss, costs, attorneys fees. and expenses esulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes buillding nd zoning ordinances and also Iowa and regulations concerning: land use land division improvements on the land environmental protection his exclusion does not apply to violations or the enforcement of the" matters which appear in the public records at PONCy ate. his exclusion does not limit the zoning coverage described in items /2 and 12 of Covered This Risks. i (List of Printed Exceptions and Exclusions Continued on Moo Page) ) JEWART TITLE '' �--- ' uaranty Company Wage /© of / 0 EXHIBIT A (Continued) The right to take the land by condemn unless: a n ice of exercising the right app• n the public records on the policy date the aking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking Title Risks: that are created, allowed. or agreed to by you that are known to you, not to us, on the Policy Data unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date - - this does not limit the labor and material lien coverage in Item B Covered Title Risks Failure to pay value for your title. Lack of a right: to any land outside the area specifically described and referred to in hem 3 of Schedule A - OR in streets, alleys, or waterways that touch your land "his exclusion does not limit the access coverage in item 5 of Covered Title Risks. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT—FORM 1 COVERAGE AND AMERICAN LAND TTTLF ASSOCIATION LEASEHOLD LOAN POLICY (lG-17-92) WiTH ALTA ENDORSEMENT—FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE he following matters are expressly extruded from the (overage of this policy and the company will not pay lose or damage asts, attorney's fees or expenses which arise by reason of: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or sgulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the tend; (ii) the ,arecter, dimensions or location of any improvement now or hereafter erected on the land; fill) a separation in ownership or a range in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection. the effect of any violation of these Iawe, ordinances or governmental regulations, exceptto the extent f r that a notice of the o cem n .e t thereof or a notice of a defect, hen or encumbrances resulting from a violation or alleged violation affecting the :nd has been recorded in the public records at date of policy. (b) Any governmental police power not excluded by to) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in is public records at data of policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but )t excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a it chas r fo r or value a ue witho ut knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at date of policy, but known to the insured claimant and )t disclosed in writing to the company by the insured claimant prior to the date the insured claimant became an insured under is policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy eexcept to the extent that this policy insures the priority of the n of the insured mortgage over any statutory lion for services, labor or material or to the extent insurance is afforded !rein as to assessment for street improvement under construction or completed at date of policy); or fe) resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the insured :)rtgage. Unenforceability of the lion of the insured mortgage because of the inability or failure of the insured at date of :Iicy. or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction Edenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials for the claim of priority of any statutory lien for services, labor or aerials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured the insured which at date of policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by nsesert of operation of federal bankruptcy, state insolvency. or similar creditors' rights laws. that is besed on: (i) the transaction sating the inter e!st of the insured mortgagoo being deemed a fraudulent conveyance or fraudulent transfer, or III) the 5ordination of the interest in the insured mortgagee as a resutt of the application of the doctrine or equitable subordinatiolt; (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where >ffd tferential transfer results from the failure: _ (a) to timely record the instrument of transfer, or tb) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. e above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above -fusions from Coverage the Exceptions from Coverage in a Standard Coverage Policy will also include the following General :eptions. 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' O1 - !•_ c • E vE > 3 ao3 • � c� o ' . a ° c ou > c ° a • • ao ., a OL � c � • E cdOc ccc - ooe u vo « � u � >= "u • • c o r C e » • r L 3 u >« • c • O O p O e :. t .« e C O L •- E • c r e A « c n • Li • «�� ow u o » dc .E ESE . a >� . o 2r gZvo u c EL u q'� E c a o u> o 0 r . c a : ct n 8t C C ~ u w u " • E Oa • ` » u o IN e C w M Z _ C " '« » n.► O O C O • e p a 0 �►- • y p � M O 4 r,. ,uicrrlUc0 p4 rau pL dp • r • ae » c • vE uu = U w Ep y v w e � � e' eE « > p • e o o._ „ o " > cc � ee • > cer_ M > M D_ fV v0 t'1 Y to w F•• 4 4 • 0 Ol • U L a d: O V • 4 ~ O U 'U tl • [ c V tl .O » �' q E d .G >A w O v • • ,� +�. i� A ,•, 30 » O' ; u E ` O c4 r° _ u un M a �...... _....._ g a C a 4 d • .o fL.. c E' c d ; L W v ; P 0 „ 0/p+C4 OF COCMTT AUUSOR...SAMBA C/AAA COtMTY, CALMOINN �fkrw cAX U L01 � f ` BK ����s�--�• MT. OIAILO AMEAIDIAN T.a RIC b L4LY?Ad 1 (4Ln+d 1 � � TIP. Is alrc T►�s,Rrfx a a � + (fir) u (�QAAO I i(7RD+d 1(41.414 K 20 (now ��� I ,11s 1 (w4oCC) n i(ItOW 21 I(IQN+d 10 ��f�K] -- � 11 -- -r- - /,•/ ._.L__ - ---- -- - ; ills (UWKA 7 2 I 7 j�lKK� 10 4L41K M O G� 2 REtpKAL 1 !Sl.O4 AC. TOTAL op" AO I1..K Ar-7t0.L DCST. / /MWKNINSULA MIDPENINSULA (E149) T\ MIDPENINSULA REGIONAL OPEN SPACE DtST. REGIONAL / 3 / OP" aMtEW. B K + oraTRlcT 537 -- - -- - - -- -i - - -- - R 1 ON A L 40fTK 3 4oSLK. 1 - -- , 11TIAC) 11 44.7240 3 �h(AatIAQ -------�=-----------'F-- ------ - - - - 14 LO 214.11 AG.TOTAL + MIDPEMNWLA REGIONAL '.. OPEN /� SPACE DISTRICT OPEN; SPACE DIST. 7 + ---- ----- -- �- ------�-- ---�-- �7777/ 2 � ;44114c s �(auA� t2 8 ;(4als+rJ 17 (44JTAC� 4 - 117•51 AG.TGTAL A 12 13 INT. I I I YIO►ENINSULA REGIONAL OPEN I I a►AGE 0.STRKT �v m or K A = 5B5K8 VJ � 0 Regional Open �, ice R-98-15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-02 January 28, 1998 AGENDA ITEM _4 AGENDA ITEM Authorization to Retain Cotton, Shires & Associates, Inc. for Consulting Services to Prepare Construction Documents and Increase the Project Budget for Schilling Lake Spillway Repairs, Thornewood Open Space Preserve GENERAL MANAGER'S RECOMMUM 1. Authorize the General Manager to execute an agreement with Cotton, Shires & Associates, Inc. in the amount of$18,500 to provide geotechnical engineering consulting services on the spillway repair project. 2. Authorize increasing the project budget from $15,000 to $35,000. DISCUSSION At your regular meeting on May 8, 1996, you authorized the General Manager to execute an agreement with Zumwalt Engineering Group to prepare construction documents for repair of the damaged spillway at Schilling Lake, a small reservoir at Thornewood Open Space Preserve. At that time you also found the project to be categorically exempt from the California Environmental Quality Act (CEQA) (see report R-96-56). Zumwalt completed a topographic survey of the site, and was to base their design on a geotechnical report prepared in 1995 by Milstone Geotechnical Engineers. However, it was determined that Milstone could not provide the professional liability insurance required by the District, and that a new geotechnical engineer would need to be contracted to participate on the design. In the 1997-1998 fiscal year a budget of$15,000 was established to continue the project. Staff contracted with Cotton, Shires & Associates, Inc., Geotechnical Engineers, who could provide the required insurance coverage. It was determined that Cotton, Shires could prepare the construction documents, in which case further services from Zumwalt were not required. Cotton, Shires did not support the conclusions of the Milstone report, which proposed to install and bury a large steel culvert in the existing failing concrete spillway. Cotton, Shires believed that the spillway was being impacted by a large landslide and that subsurface investigations were necessary as a basis of design. In August, 1997, a large exploratory trench was dug in the area of the suspected landslide. Investigations by Cotton, Shires confirmed that there is an approximately six-foot deep 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 Page 2 landslide that is pushing over a portion of the concrete spillway wall. The trenching project involved two permits from the Town of Woodside, restoration of the site, and installation of a new culvert near the spillway. This phase of the work cost approximately $11,850. Based on their studies, Cotton, Shires proposed an additional budget of$18,500 to prepare construction documents for a slope reconstruction project to mitigate the landslide, remove the repair r rotted woad retainingwalls adjacent to the spillway b cr eating 2:1 slopes, and o J P Y Y g P�� � replace the steel culvert below the concrete spillway. This would bring the total amount of Cotton, Shires' contract on the project to $29,850, which exceeds the General Manager's authority for authorizing professional services. This project is considered critical in the proposed 1998-1999 Work Program because of the possibility of failure of the dam if the spillway collapses. The objective is to complete the design and permits as soon as possible so that the project can be bid and constructed on a reasonable schedule next summer. Additional costs for the consultant services will be incurred for construction permits from the Town of Woodside, including the potential requirement for a formal report from Cotton, Shires, which is not included in the $18,500 budget. These additional costs could potentially increase the cost this fiscal year to approximately $35,000, although the permit process may delay the project so that this amount is not all spent in fiscal year 1997-1998. Including the $35,000 proposed budget for this fiscal year, the total cost of this phase of the project will be approximately $40,000. The funds to cover the additional project costs are available in the capital improvement budget due to other projects which could not be completed. Prepared by: Randy Anderson, Senior Planner Contact person: same as above II 1 Regional Open S. :ce 1 R-98-12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-02 January 28, 1998 AGENDA ITEM _ 5 AGENDA ITEM Proposed Preliminary Action Plan for the Implementation of the District's Basic Policy for Fiscal Year 1998-1999 GENERAL. MANAGER'S RECOMMENDATIONS 1. Review the proposed Preliminary Action Plan for the 1998-1999 fiscal year, modify as necessary, and adopt the Preliminary Action Plan. 2. Charge the 1998 Administration and Budget Committee with conducting a review of the Preliminary Action Plan on the Board's behalf as part of the budget review process. DISCUSSION The District's activities are guided by an annual Action Plan that implements the Basic Policy and other Board policies. The Action Plan's function is to summarize the purposes and current emphasis of the District's major programs, to identify key projects, to allocate budget, and to be a basis for evaluation of progress. The proposed Action Plan could be altered as a result of your January 28 meeting deliberations, the budget formulation and Administration and Budget Committee review process, and the final calculations for the target average 6% growth guideline for operating expenses. Program managers and other responsible staff will review their respective Action Plan sections at the January 28 meeting. Prepared by: L. Craig Britton, General Manager John Escobar, Operations Manager Malcolm Smith, Public Affairs Manager Deirdre Dolan, Administrative Services Manager Mike Williams, Real Property Representative Planning Team Contact person: L. Craig Britton, General Manager T,a(,U4U ow 14 5�4 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 ACTION PLAN FOR THE IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1998-1999 FISCAL YEAR I. OPEN SPACE ACQUISITION PROGRAM A. Negotiations and Special Projects Subprogram B. Enterprise Subprogram 111. PLANNING PROGRAM A. Regional and Long-Term Planning B. Site Planning and Implementation C. Resource Management Subprogram (responsibility shared with Operations Program) III. OPERATIONS PROGRAM IV. PUBLIC AFFAIRS PROGRAM A. General Public Information and Outreach Subprogram B. Legislative, Funding, and Organizational Relations Subprogram C. Visitor Services Subprogram V. ADMINISTRATION PROGRAM A. Administration/Human Resources Subprogram B. Legal Services Subprogram OPEN SPACE ACQUISITION PROGRAM Subpro,grams A. Negotiations and Special Projects B. Enterprise To Implement the BASIC POLICY OBJECTIVE: The District seeks to purchase or otherwise acquire interest in the maximum feasible area of strategic open space within the District planning areas, including baylands and foothills. The District seeks to link its open space lands with federal, state, county, and city parklands and watershed lands. General Program Eml2hasis for 1998-1999 The program's emphasis will be to acquire the higher priority projects funded under the District's Financing Authority. Lower priority properties will be pursued through long-term options, available grant funding, bargain sales and gifts. The District will continue to work with Peninsula Open Space Trust (POST) to acquire land and further the District's overall open space acquisition goals. The Enterprise Subprogram will focus on maximizing rental income consistent with Open Space Management policies and maintaining and improving District rental structures, as well as studying the removal of uneconomical and/or marginal structures consistent with Open Space Management policies. Staff Resources (Regular, full-time positions, unless otherwise indicated) Land Acquisition Manager (vacant position) Real Property Representative Real Property Assistant 3 J 1998-1999 Negotiations and S=ial Pr iects Subprogram Objective To provide for the acquisition of all real property rights necessary to secure a recreational and open space greenbelt in the foothills and baylands, including rounding out and improving public access to existing preserves and connecting District preserves with other public lands. Key Projects 1. New Land Commitments - Convert the budgeted funds in the New Land Commitments budget category into open space lands, at desirable prices, focusing on the higher priority properties, which specifically protect the greenbelt including rounding out and improving public access to existing preserves, connecting to other preserves or public lands, and furthering the completion of the Bay Area Ridge Trail and Bay Trail Systems. Balance the desirability of the potential acquisition with the availability of limited funds, including, if possible, private financing with favorable terms and obtaining trail easements. 2. Pursue Key Acquisitions - To protect the scenic ridgeline at the District's northern boundary, pursue negotiations to acquire critical properties under threat of present or future development. In addition, work closely with POST on projects in this region including grant opportunities to acquire properties owned by POST. 3. Grants, Gifts, Bargain Sales and Joint Acquisitions - Because of severely limited acquisition funds, explore new grant opportunities, and focus on acquiring open space lands through bargain sales, and/or gifts where possible. Pursue the joint acquisition of appropriate properties with Santa Clara County Parks near the Lexington Reservoir and in Stevens Canyon. Continue to work closely with Peninsula Open Space Trust (POST) in their current "Campaign to Save Essential Open Space". 4. Alternative Acquisition Methods - Obtain Board approval on appropriate long-term options, at market prices or less, to acquire desirable properties that might be affordable in future years should the District be successful in obtaining additional funding for land acquisition. Explore various alternative terms of purchase (installment purchases, defeasible fee, etc.) to offer advantages and incentives to landowners, as well as cost savings to the District. Other Projects and Activities 1. Maintain a multi-year spending plan for open space acquisition which optimizes use of cash and borrowed funds to accomplish acquisition goals within extremely tight budget constraints. 2. Guide the new District volunteer conservation easement monitoring program, and continue to work with Peninsula Open Space Trust to administer their easement monitoring program. 4 3. Continue to pursue sale or exchange of the "Teague Hill" surplus property which will help fill a critical funding gap for additional land purchases. 4. Provide support and information for approaching the District voters when a plan for additional open space land acquisition funding is determined to be feasible. 5. Provide on-going acquisition planning and priorities input as part of the Planning team. i 6. Explore additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals and groups, etc.) especially in this time of tight budget constraints for acquisition funds. 7. Encourage other agencies to apply for grants that will enhance overall open space goals. 8. Work actively and regularly with District legal counsel to maintain and pursue District's legal program where title to existing District lands are threatened by encroachment, claim of adverse rights, liens or other interference with District's real property rights. 9. Work with Operations Program in negotiating road agreements and resolving encroachments with adjoining property owners to ensure District's real property rights are protected and minimize the District's maintenance responsibilities where appropriate. r rs and brokers, real estate appraisers'n 'n contacts with landowners, 14. Initiate and maintain co , PP developers, architects, engineers, zoning and planning officials, and financial institutions. 11. Maintain a relocation assistance program utilizing staff and consultants as necessary. 12. Compile current information on real estate market activity, including ordering preliminary title reports on a timely basis for research into potentially available properties. 13. Catalog information of special interest, such as deed restrictions, encumbrances, financing and tax considerations. This activity includes the establishment and continuation of a working relationship with title companies and other information sources. 14. Work to clear and perfect title on District-owned land through the orderly, prioritized disposition of title and legal encumbrances (mineral and water rights, claims of prescriptive easements, encroachments, etc.) where appropriate. 5 1998-1999 Ent=rise Subprogram S2ljecti To manage all of the District's revenue-producing activities in such a way as to maximize income from enterprise accou nts consistent with n Space Management policies incorporating compatible new programs when possible. Key Projects 1. Administer Enterprise Accounts - Administer rental accounts, communication and agricultural leases, consistent with open space management policies, to maintain and enhance revenue stream through competitive and current rate structure, effective maintenance programs and communication with tenants. 2. Maintain Rental Structures - Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to increase net rental income. Administer long term and reoccurring maintenance priorities on rental properties. 3. Administer Historic Leases - Oversee lease compliance and renovation requirements at historic Picchetti winery, Thornewood estate and Fremont Older house. Meet with Board committee to proceed with request for proposals for a long term historic tenant for the Thornewood residence. 4. Assess Economic Viability of Rental Properties - Evaluate and make recommendations on the long-term and economic viability of maintaining District residential rental properties (former North, Sink, Barlow and Saratoga Gap cabins) including, if necessary, the disposition of structures consistent with Board policies. Other Pr.Qjects and Activities 1. Pursue sale of term ownerships on a demand basis for long-term interest arrangements g (estate for years, lifetime tenancy) for former Bean and Smith residences. If successful, this program will provide additional funding for land acquisitions. 2. Prepare annual rental surveys on District rental houses and Ranger residences. 3. Administer lease of additional office space at 330 Distel Circle. 4. Investigate new enterprise proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. 5. Evaluate possible extension of Skyline tree farm lease in conjunction with use and management process. 6. Continue to evaluate the District's communication leases and renew in line with market rates. 6 7. Oversee FEMA/OES audit of FEMA grant repairs to District roads and trails damaged during the 1995 winter storms. Pursue full reimbursement on large repair projects. 8. Monitor existing agricultural and grazing uses in accordance with use and management process, including grazing at the former McDonald Ranch, La Honda Creek Open Space Preserve, and at Big Dipper Ranch, Skyline Ridge Open Space Preserve. 7 OPEN SPACE PLANNING PROGRAM Sub=grams A. Advance Planning (including related Interdepartmental Support and Team Development) B. Current Planning (including related Interdepartmental Support and Information Systems) To Implement the BASIC POLICY OBJECTIVES: The District follows management policies that ensure proper care of the land that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. The District works with and encourages private and other public agencies to preserve, maintain, and enhance open space. The District protects and restores the natural diversity and integrity of its resources for their value to the environment, and the public, and provides for the use of the preserves consistent with resource protection. Program Emphasis for 1998-1999 Focus attention on advance planning efforts to help clarify and plan for the desired form and character of the District. This will be accomplished through coordinating physical planning studies with development of policies and procedures to help attain the desired outcome. Continue to make significant progress on additional work program projects in the areas of Interdepartmental Support, Planning Team Development, Information Systems, and Current Planning, including site planning and capital improvements. Staff Resources (Regular, full-time positions unless otherwise indicated) Senior Planner (1) Open Space Planner 11 (1) Open Space Planner 1 (2 both vacant) Planning Technician (2) Planning Secretary (half-time) 8 1998-1999 Advance Planning Related Interdepartmental Sup�rt, and Team Development Su program Qbiectiv Assist with the formulation, review, and refinement of policies, District-wide plans, and cost estimates for the management and development of District preserves on a regional or District- wide basis. Work with local agencies on joint planning and implementation projects, to share information, and to encourage planning decisions that support the preservation of open space and natural resources and development of regional trail systems. Key_RMiects 1. Regional Open Space Study Priorities - Study alternative medium-term acquisition and public access scenarios; determine preferences and priorities. Convert maps and data to GIS format to facilitate studies. 2. Trail Use Policy and Guidelines Review - Review and revise policies based on growing experience with trail use planning and Board concerns about preserving the wilderness experience. Includes an extensive public input and review process. 3. Resource Evaluation Procedures - With the assistance of the Resource Management needs and Specialist, develop and test methods of assessor resources and identifying P� � P g constraints. 4. System for Land Use Recisions - This is a multi-year project. The first phase of this project involves preparation of a multi-year scope and schedule through a workshop format with staff and Board members. (This project is supported by projects 1, 2, and 3 above). 5. Medium-Term Greenbelt Strategic Plan - This is a multi-year project. The first phase of this project involves preparation of a multi-year scope and schedule with staff and Board members. (This project is supported by project 1 above). 6. Planning Team Organization - Implement staffing additions in response to two vacant Planner I positions. Formalize mentoring agreements, further improve the evaluation process, resolve team and individual roles and responsibilities, coordinate efforts with other District programs, and better organize team business and training. Other Prgjects and Activities Refer to the attached Chart A -Proposed Planning Department Work Program for Fiscal Year 1998/1999 at the end of this document for other projects and activities. 9 i 1998-1999 Current Planning, related Interdepartmental Prom, and Information Systems Subprogram Qbjective Apply policies, prepare and implement plans and capital improvement projects on a site- specific basis, and respond to preserve use and management issues. Includes mapping, signing, and other public information services. Key Projects 1. Repair-J Pro Bridge Repair j air or replaceg bridges to re-establish patrol and/or trail P F access. • El Corte de Madera Open Space Preserve - Determine type of replacement bridge for Lawrence Creek Trail crossing, design, and obtain permits. • La Honda Creek Open Space Preserve - Obtain permits, solicit bids and construct two vehicle bridges. • Purisima Creek Open Space Preserve - Determine type of replacement bridge, if an • design, obtain Permits as appropriate. 2. Thornewood Schilling Lake Dam Spillway Restoration and Landslide Repair - Obtain permits, solicit bids and construct a landslide and spillway repair project for the Schilling Lake spillway. An engineering study and plans were prepared during fiscal year 1997-1998. 3. El Corte de Madera Creek Trail Use Plan and Implementation - Complete planning process for incorporation of Study Area 2 into the Trail Use Plan for the preserve. Implement priority trail closures and construction/realignments as outlined in the plan. 4. Rancho Field Office Shop Building Seismic Upgrade - Retrofit existing shop building to improve structural integrity. Includes replacement of exterior siding, roof, and windows. Solicit bids and complete project. 5. Reynolds Road Ranger Residence - Establish a ranger residence on Reynolds Road to replace the ranger residence at the summit of Mt. Umunhum. May involve demolition of existing structures, obtaining permits, construction of a mobile or modular home on the site. 6. Soda Springs Parking and Trail Plan - Develop a plan for parking and a trail connecting the Soda Springs area to the Priest Rock Trail using funding available from the Environmental Enhancement and Mitigation, and Habitat Conservation Programs. Other Pr.Qjects and Activities Refer to the attached Chart A - Proposed Planning Department Work Program for Fiscal Year 1998/1999 at the end of this document for other projects and activities. 10 OPERATIONS PROGRAM Subprograms A. Field Operations B. Resource Management To Implement the BASIC POLICY OBJECTIVE: The District follows management policies that ensure proper care of the land, that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. General Program Emphasis for 1998-1999 Continue to provide responsible stewardship of all District lands by furnishing those public safety, maintenance, construction, and resource management activities necessary to protect and enhance the natural resources and insure safe and appropriate use of District lands. Implementation of Board-adopted Resource Management Policies and Trail-use Policies and Guidelines will continue to be the primary focus of the operations program. Staff Resources Operations Manager Area Superintendents (2) Support Services Supervisor Operations Analyst Resource Management Specialist Supervising Rangers (4) Secretary Rangers(12) Equipment Mechanic-Operators(2) Lead Open Space Technicians (2) Open Space Technicians (7) Farm Maintenance Worker 8,500 Seasonal Open Space Technician hours (6,000 regular, 1,000 special project, 500 Deer Hollow Farm weekend staff) 1998-1999 Field Operations Subprogram Kcy Projects l. Operations Program Review-Work with the staff of the Warner Group, the General Manager, and the Board ad hoc committee to complete the review and present the final report to the full Board. Insure participation of Operations Program staff in the program review process. Working with the General Manager, develop recommendations based on the findings of the program review for Board consideration. Implement those recommendations approved by the Board. Implement minor recommendations with the approval of the General Manager. 2. Interpersonal Communication Skills Development- Continue to build on the influencing skills training received by the entire staff in 1996 and 1997; assist in the training of influencing skills of all new employees; participate in the District-wide staff development and implementation of interpersonal communication performance standards; implement agreed-upon improvements to the employee performance evaluation process, and continue to provide leadership and supervision training to supervisors as necessary to facilitate the completion of these tasks and enhance the overall quality of supervisory skills within the program. 3. Operations Manual Update-Revise operations manual to include Open Space Technician, Lead Open Space Technician, and Equipment-Mechanic Operator positions. Update ranger sections to include new procedures not yet formally placed in document. Develop standing orders system to draft, review, and implement directives not included in the operations manual. Revise procedures based on approved recommendations of the Operations Program Review. 4. Restoration and Mitigation of Off-trail Impacts of Public Use- Close and restore existing undesignated trails and shortcut trails. Increase efforts to prevent the establishment of undesignated trails. Mitigate natural resource impacts and improve alignments of existing trails to minimize erosion. Work to insure visitor compliance of restoration area closures. Other Projects and Activities 1. RRanizerm Patrol a. Monitor public use and land use regulation compliance, and educate the visiting public on proper use of District preserves. b. Enforce District land use regulations by providing active ranger patrol and after hours call-out response, as well as implementing patrol agreements with other agencies. C. Respond to accidents and other emergencies occurring on District lands. d. Identify and mitigate potential hazards on open space preserves to enhance public safety. 12 e. Continue the implementation of Board-adopted trail use guidelines. f. Monitor special events, use permits, and resource protection-related impacts on District lands. g. Incorporate ranger bicycle patrol and the use of radar into regular patrol duties to address trail use conflicts. h. Support the goals of the Public Affairs program by providing staff for special events and other projects, as time permits. 2. Maintenance and Construction a. Develop cost-effective methods of meeting site maintenance needs. b. Implement Use and Management Plan recommendations, as appropriate. C. Maintain lands, buildings, vehicles, and equipment to a safe and appropriate standard of appearance and utility. d. Provide supervision of volunteer projects, support enterprise subprogram field maintenance needs, and assist consultants and contractors with capital improvement projects as necessary. e. Implement resource management plans and specific projects, as appropriate. f. Improve public access and use through capital improvement projects, while protecting natural resources from the impact of public use. 3. Management and Administration a. Improve liaison with local police, fire, and municipal court jurisdictions. b. Provide for safe access and site security by negotiating road maintenance and caretaker agreements. C. Coordinate management of District vehicles and equipment. d. Coordinate an occupational health and safety program for field operations. e. Coordinate ongoing training and skills enrichment for field staff. f. Provide for continued field staff involvement in the planning process. g. Work with program managers to facilitate increased interaction between field staff and other staff. h. Work with CaiTrans, California Highway Patrol, and other agencies to mitigate inappropriate use of Interstate 280 vista point adjacent to Pulgas Ridge Open Space Preserve. j 13 i. Assist planning staff with review of Trail Use Policies and Guidelines. j. Increase computer use in field office, training for supervisors, record-keeping database, develop e-mail capability between main office and field offices. k. Explore alternative methods for managing District baylands with adjacent public agencies. 1998-1999 Resource Manatzement Subprogram Objective Inventory and analyze the state of natural resources District-wide and on specific preserves to identify needs and priorities for significant management issues. Use the availability of volunteers and consultants to expand District staff capabilities. Develop general procedures and strategic implementation plans for the resource management subprogram. Establish a network with other agencies, local authorities and specialists in the field. KcY Projects 1. Grassland management implementation plan -Develop a set of management guidelines to control yellow starthistle and encourage native species. Tasks for this fiscal year at Russian Ridge Open Space Preserve include: coordinate a prescribed bum of roughly 80 acres with California Department of Forestry; continue experiments with treatment methods; monitor areas treated last year; and establish restoration sites to begin native species plantings. 2. Watershed assessment -Establish objectives and long-term goals for watershed management. Develop criteria for habitat protection and repair and maintenance of roads and trails. Initiate a monitoring program incorporating staff and volunteers in which the findings will be integrated into the interdepartmental system for mapping resource inventories. 3. ma System for ping resource inventory-Inventory and record key flora, fauna, natural Y P features and biotic communities especially focusing on rare and endangered plant and animal species. Coordinate with planning to develop a base map and database system to record and display resource information. Compile all known information, and solicit information from experts in the field and other agencies. Other r jests and Activities See attached Chart RM at the end of this document for complete list of resource management projects for 1998-1999 fiscal year. 14 PUBLIC AFFAIRS PROGRAM Subprograms A. General Public Information and Outreach B. Legislative, Funding, and Organizational Relations C. Visitor Services To Implement the BASIC POLICY OBJECTIVE: The District educates and makes clearly visible to the public the purposes and actions of the District, and actively encourages public input and involvement in the District's decision-making process and other activities. General Program Emphasis for 1998-1999 Maximize the general public's awareness and understanding of the District, its goals, and its activities, by reaching all communities served and all other target audiences with District information through a variety of means and methods; implement the top priorities of the District's legislative plan; increase environmental education and volunteer participation. Staff Resources (Regular, full-time positions unless otherwise indicated) Public Affairs Manager Visitor Services Supervisor Volunteer Coordinator Docent Coordinator Public Affairs Assistant Interpretive Aide(Nature Center)* *The interpretive aide position is seasonal, and approximately quarter-time 15 1998-1999 General Public Information and Outreach Subprogram Objective To generate additional support among the general public for completing the greenbelt by increasing the positive perception and awareness of the District's mission, objectives, accomplishments and programs, and effective management of public lands and financial resources. Ivey Projects 1. Kids` Art of Open Space- Schedule and coordinate the fifth event to take place no later than March 31, 1999. 2. Review of District Graphic Image-Review the District's overall graphic image, including letterhead, newsletter masthead, and District logo, make recommendations for revisions and improvements, and implement any changes. 3. Annual Report -Publish a District 1997-1998 Annual Report by May 29, 1998, followed by three regular issues of Open Space News. 4. Community Outreach Volunteers -Fully implement a program of selecting and training volunteers to staff District displays at community events. Other Projects and Activities 1. Consider production of a District"Good Neighbor" brochure for distribution to property owners with land adjoining District preserves. 2. Conduct two placements of District information into chamber of commerce newsletters. 3. Maintain a high level of regular media coverage of District activities and accomplishments. 4. Continue to work with the Planning Program to create new site maps for preserve brochures, and continue updating, producing, and distributing existing site maps, brochures, and other collateral materials as needed. 5. Maintain and maximize the schedule of community presentations and displays. 6. Continue providing public affairs services to other programs, i.e., attendance and input at meetings, press releases, flyers, displays, mapping, media liaison, etc. 7. Utilize in-house staff to maintain and update the District's web site on the Internet. 8. Continue to update and expand the District's newsletter mailing list. 16 1998-1999 Legislative- Funding. and Organizational Relations Subprogram OWective To carry out the high-priority elements of the District's legislative plan and to inform other public agencies and private organizations about the District's activities and goals. Kcy PM.jects I Coastal Preservation Effort -Work with the general manager and an Ad Hoc Committee of the Board toward a possible proposal for District expansion to the San Mateo County coast, and all related tasks and activities to include possible funding measures. 2. Funding for Mount Urnunhum Clean Up -Develop and implement a legislative strategy to obtain Federal funding toward clean up of the former Almaden Air Force Station at Mount Umunhurn, in Sierra Azul Open Space Preserve. 3. Other Lobbying Efforts -Work with the general manager and the District's Sacramento lobbyist to preserve current and future state funding for the District, and to carry out elements of the District's legislative plan. 4. Protection Of District Funding-Work with East Bay Regional Park District to provide for long-term protection of District funding, including possible modification of appropriate Public Resources Code sections. 5. Regional Funding-Work with the Bay Area Open Space Council, the Planning and Conservation League, and others to develop and support potential regional or other alternative funding mechanisms. Other Projects and Activities 1. Work with Director Siemens(as current President of the Santa Clara County Special Districts Association) and the General Manager toward obtaining special district representation on the Santa Clara County Local Agency Formation Commission. 2. Continue to work with the Planning Program to provide publicity and outreach efforts for the District's Regional Open Space Study, and the Board's revisiting of the Trail Use Guidelines. 3. Work with East Bay Regional Park District in planning for the 1998 Special Districts Forum, which the District will co-host with East Bay. 4. Continually review and analyze legislation, determine District's position on bills, and take appropriate action, if any, on bills. 5. Work with legislators, legislative committees, state and federal administrators, other agencies, private organizations and interested citizens for information and action regarding state legislation and specific local issues. 6. Support federal, state, or local legislation that will benefit the District. 17 7. Provide support and services for specific District projects requiring legislative support, such as grant applications. 8. Maintain contact with other organizations and agencies and encourage them to assist the public in differentiating between agencies, and for the exchange of information, cooperation on special projects and participation in special events such as conferences and seminars, to keep the District informed of current issues. 9. Provide District information to candidates in any 1998-1999 elections, and set up information meetings with candidates as need is determined, including a candidates' forum or information meetings with candidates for seats on the District Board of Directors. 10. Continue to provide staff support to the Legislative, Finance, and Public Affairs Committee, and work as needed to develop District positions on and involvement in statewide open space issues. 11. Provide a District presence in key legislative activities, meetings, and conferences in Sacramento, through CPRS, PCL, or with the District's legislative advocate. 18 1998-1999 Visitor Services Subprogram Objective To encourage active public participation in the maintenance, restoration, and protection of the District's natural resources, and provide cultural, historical, and environmental education opportunities to the public. Key Prqjects 1. Kids' Nature Express - Develop funding to be used for District transportation assistance for schools utilizing the outdoor education program at the Daniels Nature Center. 2. 1998 Special Districts Forum- Work with East Bay Regional Park District and Open Space District staff in planning and implementing the 1998 Special Districts Forum, which the District will co-host with East Bay. 3. Environmental Education - Continue to implement and improve the District's environmental education program for school children. Recruit and train additional outdoor education leaders to accommodate more school groups. Investigate methods of providing disadvantaged school classes with transportation to the field trips at Skyline Ridge. 4. Daniels Nature Center - Work with planning staff to finalize design and installation of exhibits. Develop and set up seasonal and temporary displays. With the help of volunteers and seasonal staff, open the nature center to the general public on Saturdays and Sundays, mid-March through mid-November. 5. Crew Leader Training - Implement the crew leader training program for Preserve Partners projects. Other PrQjects and Actiyities 1. Recruit and train docents and other volunteers, and provide public information about volunteer programs, projects, and events through bimonthly newsletters. 2. Coordinate monthly volunteer service projects and short- and long-term special request volunteer projects. 3. Conduct a broad range of public interpretive programs on open space preserves. 4. Coordinate the volunteer trail patrol program, and provide ongoing training for trail patrol volunteers and docents. 5. Maintain the artifacts and furnishings in the historic Grant Cabin. 6. Provide leadership training to field staff assigned to work with volunteers. 19 I 20 ADMINISTRATION PROGRAM Subprograms A. Administration/Human Resources Subprogram B. Legal Services Subprogram To Implement the BASIC POLICY OBJECTIVE: The staff administers the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. General Program Emphasis for 1998-1999 Instill vision and provide leadership to foster staff participation and activities to carry out the District's short and long-term goals and objectives. Guide and support the District-wide effort to develop and improve leadership, supervisory, and interpersonal communication skills among all staff in order to enhance the District's work environment. Maintain the District's viability as an open space acquisition and management agency in light of limited funding. Staff Resources (Regular, full-time positions unless otherwise indicated) General Manager Legal Counsel (two-thirds time) Controller (one-quarter time) Administrative Services Manager/District Clerk Research Attorney Administrative Analyst Office Manager/Secretary to the General Manager Accounting Specialist Secretary (one-half time) Receptionist 21 1998-1999 Administration/Human Resources Subprogram Mjective: To provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board's policies and directives, to implement the Action Plan, and to maintain the District's viability as an open space acquisition and management agency. Kcy PWJects 1. District Funding - Work to preserve current and future state funding for the District. Continue to provide multi-year information/scenarios on District's long-term finances, including bonded indebtedness and cash flow, and to address the need to rely on the availability of grant funds for major development projects. Pursue alternate sources to secure additional funding to meet acquisition and open space management needs, including, if needed, a 1998 note issue for critical open space acquisitions. 2. Human Resources - Work with all programs to develop and improve leadership, supervisory, and interpersonal communication skills to enhance the overall quality and effectiveness of the District's work environment. Carry out District's personnel and labor relations functions. Enhance organizational effectiveness through increased communications, staff meetings, training seminars, and team building activities. 3. Elections - Coordinate necessary election services and activities for Wards 1, 2, 5, and 6, including an informational meeting with candidates, if appropriate. 4. Coastal Expansion - Develop and carry out a specific action plan for expansion of the District's boundaries to include coastal lands in San Mateo County. Other Projects and Activities 1. Continue to build and refine a management team approach for overall management of the District's activities. 2. Provide financial management and accounting services, including investment of temporarily idle funds. 3. Perform administrative and legal obligations as required by State law, promote and oversee the District's safety program, and oversee coordination of equipment/infrastructure needs at main office. 4. Provide personnel support and employee relations services to all programs. l 5. Update Action Plan; coordinate program evaluations for Action Plan progress. l 6. Prepare, monitor, and revise, as necessary, annual budget. 22 7. Coordinate pm, ration and distribution of all materials <r Board's regular and special meetings. 8. Involve Board of Directors in planning of the annual special Board meeting to be held as part of Board's Good Neighbor Policy. 9. Refine and implement a comprehensive risk management program, including exploring the potential for self-insurance. 10. Monitor the ongoing procurement policy for the purchase of recycled and alternative paper products and other office supplies. 11. Complete computer system upgrade to Windows 95, expand internet access, and conduct system assessment to meet future needs. 23 1998-1999 Legal Services Subprogram_ MiecIive To provide timely legal services to the Board and to all District programs to assist in formulating and implementing District policies and projects in accordance with law. Key aQiects 1. Real Property - Provide legal advice concerning District real property, including acquisition, disposition, title and encroachment issues, permits to enter District land, and road maintenance issues. 2. Risk Management - Process and monitor current claims and litigation against the District for personal injury or property damage; refine risk management procedures; represent District's interests in insurance coverage matters; provide oversight of matters handled by outside counsel. 3. Human Resources - Assist in carrying out labor relations functions; serve as chief negotiator on District's bargaining team; provide legal advice on personnel matters; assist in revising and updating District's "Personnel Policies and Procedures Manual"; provide advice regarding revision of internal affairs, discipline and grievance policies pursuant to Memorandum of Understanding with Local 715. 4. Coastal Expansion - Provide advice concerning legal requirements applicable to potential annexation or expansion and potential related ballot measures. Other Projects and Activities 1. Continue to provide legal research concerning historic parcels and chain of title to assist in resolving real property issues or in support of planning and acquisition projects. 2. Provide advice concerning legal requirements applicable to public agencies such as the Brown Act, conflict of interest, election law and the California Environmental Quality Act. 3. Assist programs in bidding process and contract administration for public works and professional services contracts. 4. Prepare and review District legal documents such as contracts, resolutions, and leases. 5. Represent District's legal interests in relation to other government agencies. 6. Advise District on court rulings and legislation affecting the District and on legislation proposed by the District. 24 January 7, 1998 Priorities: C=Critical, H=High, M=Mediurn, L=Low Chart A *=New project, not in previous work plan Proposed Planning Dep rtment Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Proposed Fiscal Year 98-99 .......... .......... .......... .......................... ............ ...... ..... .... Long-RangePlanninig C System for feral Use Decisions District-wide Randy Complete a set of policies and procedures to Prepare mufti-year scope and schedule through (Multi-Year GoaQ All guide planning and management decisions workshops with staff and Board. Supported by and actions,clearly linked to and supporting other projects as noted below. Basic Policies. C Medium-Term Greenbelt Strategic Plan District-wide Randy A detailed map and quantification of projects to Prepare mufti-year scope and schedule through (Mufti-Year Goal) All achieve desired state of District in 5-10 years.workshops with staff and Board. Supported by Coordinated list of staff projects and activities, other projects as noted below. incl.resources and budgets for each year to implement plan. C Regional Open Space Study Priorities District-wide Randy Conceptual planning study to guide District Study aftemattve medium-term acquisition and (Supports Strategic Plan Goal) Matt towards a long-term vision of the greenbeft. public access scervarios-determine preferences All and priorities. Convert ROSS maps and data to GIs format to facilitate studies. Polk and Procedures Plan ning C Trail Use Policy&Guldefines Review District-wide Del Scoping and public process to review and Scoping and public process to review and revise (Supports System for Land Use All revise policies based on growing experience policies and guidelines. Decisions Goal) with trail use planning. C Resource Evaluation Procedures District-wide Randy Develop policies and procedures for factoring Discuss,develop,and test methods of assessing (Supports System for Land Use matt resources Into land use and management resources and Identifying needs and constraints. Decisions Goal) Jodi decisions. H Rock Climbing Policy District-wide IMary I Develop policies to apply to all District Complete public review process of draft policies. preserves. Board adoption. c:yo\workprog\chart—a.xls CHART—AALS Page 1 �I January 7, 1998 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in previous work plan Proposed Planning De artment Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Proposed Fiscal Year 98-99 Regional and Preserve Planning H Rancho de Guadalupe Use and Sierra Azui Del Prepare Comprehensive Plan with Trails Complete pond management plan(Operations) Management Plan,including Risk W. Jodi Element and RMP(for Cherry Springs Pond). and Interim Use and Management Plan for initial Management and Pond Management Umunhum Include Risk Management Plan for mine shaft public mess. 00 Plan and tailings area to provide security. -. .:�: _ :. :. .: .... ..:�.. -. .. .:5.:-.{•i:::.,Y•ryf}.:.:.n^:r:....................................w:::.::. ...f....trot..:�i:ii:•ftiiii$$ii:+ii+•i'r;.iiiii:i:•:r.:•iii: ..:,•..•r.r ?t:i%•'riii'r;+rr:•$:.::xr:4::;?•::::r:r:::::::r{x,•:x::r.r,t{••�•:::w;:.v:::. r.{•:r:::rr::,,.w::::::::::::::•::::r::::::::::::::::v:•::}iYi;yiii;:•ii:i:•iiii2;}:{ •:::{.:::::rrmx:.�:rixrr::::.+c:fr.::r::,y::r..:•::. 2. ]�I�MMY� , ::: MT1� .�, �Y. �� ��ITi:i�. :�t:: � .i.?'.: :..' `.::'.ti?ri:i::•:;.yir•::.�::::::.......:.....................:..........n....y.......,....v.....,...•.,..:...,.,r.,....{•yt: C Acquisition Support District-wide Del Assist Acquisition as needed with preparation Assist as needed,plus specify projects as toted Randy of staff reports,consideration of planning below. Doug issues related to acquisitions,preparation of graphic exhibits. C Land Management Support General All lAssist Operations,Enterprise and Legal In Assist as needed,plus specific projects as toted resea> g and responding to use proposals below. and problems,encroachments,etc. C Resource Inventory System (Supports District-wide Jodi Assam Resource Specialist to develop Develop base maps,begin coping information System for Land Use Decisions Goal) Randy methodology and projects for the inventory of for a resource inventory of District preserves,and * Matt key flora,fauna,and natural communities design resource inventory database. using GIs data&technology,volunteers, special interest groups,intems and consultants. H Public Affairs Support General AN Assist Public Affairs with events, Assist Punic Affairs as needed,including on a presentations,and general information. me-day workshop overview of District lands and managernent Issues at Special District Forum, and other specific projects as noted below. H Study Expansion of District Boundaries to Regal Del Assist Administration with land and financial Working with consultants,assist with studies * include the San Mateo Coast Randy studies regarding potential expansion of towards Inclusion of San Mateo County Coast District boundaries to include the San Mateo within District boundary. Projects could include County Coast. Master Plan revisions,ROSS expansion. c:yo\workproglchart_a.xis CHART A.XLS Page 2 January 7, 1998 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in previous work plan Proposed Planning De artment Work Program for Fiscal Year 1998/1999 i Project Preserve Staff Project Description Tasks Proposed Fiscal Year 98-99 H Summit Springs Surplus Property Teague Hill Mike Support Acquisition on disposition of sure Provide support as needed. Randy property. H Pinto Way Surplus Property Teague Hill Mike Support Acquisition on application for lot fine Coordinate with real estate consultants and Randy adjustment,disposition of surplus property provide support as needed. > H New Grant Applications District-wide Del Assist Administration Dept.with new grant As needed,assist with new grant applications. Doug applications Typical tasks include map preparation,scoping All project,cost estimates. M Wetlands Restoration Jodi Restore pond to tidal action and restore to Continue negotiations with Rhone-Poulenc. Rancor marsh. Complete agreement for project implementation. Matt M Brochure Review Process District-wade Malcolm Assist Pubes Affairs ing and Develop questionnaire,solicit input and evaluate Doug administering a questionnaire to solicit public data. input to improve site brochures. NOV .' 3. C Refine Planning Goals&Priorities General All Define departmental objectives in support of Refire current Work Program goals,based or * (Supports Strategic Plan goal) District goals. Improve system for developing Strategic Plan support projects,into draft realistic r work programs. prioritized 5 year Wok Program,if feasible. C Planning Team Organization General All Implement staffing,structure,procedures,and 1)Implement staffing plan and support,2) ` support for efficient service. formalize mentoring agreements,3)improve evaluates process,4)resolve Team roles and responsibilities w/positions,5)coordinate better w/other Programs,6)organize Team business and training. c:Jo\workprog\chart a.xls CHART_A.XLS Page 3 January 7, 1998 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in previous work plan Proposed Planning De artment Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Proposed Fiscal Year 98-99 ,} f..... ix 4. H GIS Development General Matt Participate in development of shared regal Add in-house computer resources to support Rarely geographical information system map and ArcVlea 3.0 GIS software. Digitize Regional * database. Open Space Study and resource data Into shared database. Obtain 2000'scale wall maps for main and field offices. H Computer Mapping System General Doug Develop in-house capability to generate site Continued implementation of mapping system reaps and regional nap for reports and using Illustrator/Macintosh. Obtain other needed presentations. files from consultant for in-house use. * H Sign Inventory D -wide Matt Develop a database system to maintain current Develop a process and database to keep current records for District preserve signs. records of preserve sign;. H Signage Program Evaluation District-vide Matt Evaluate signage program to determine how Complete survey of office/field staff,volunteer * well it Is working,Identify any major problem patrol staff,and docents to Identify strengths, areas,and devise potential solutions to wealinesses,and opportunities regarding sign problem areas. program. H Graphic Support District-wide Doug Graphic support for Board reports, Projects are completed as needed. presentations,and exhibits;including the updates for all existing computerized files. H Preserve Sigma District-wide Matt New and replacernerit sign for trails and Projects are completed as needed. parldng areas,including projects associated with Sign Committee representation. H Mapboard Tralthead Signs Long Ridge Doug Install mapboards and bulletin boards at Install mapboardstbulletin boards with laminated Grizzly Fiat Traithead and Hickory Oaks entry. South Skyline map a"with other materials. M Develop Preserve Map La Hoak Doug Create computer-generated preserve map. Finalize map and produce fact sheet. * M Develop Preserve Map Ravenavood Doug Create computer-generated preserve map. Generate and finalize map;produce fact sheet. * M Develop Preserve Map El Sereno Doug Create computer-generated preserve map. Generate and finalize reap;produce fact sheet. c:1jo\workprog\chart a.xls CHART A.XLS Page 4 January 7, 1998 Priorities: C=Cdtical, H=High, WMedium, L=Low Chart A *=New project, not in previous work plan Proposed Planning Dep rtment Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Proposed Fiscal Year 98-99 ;- ".. ... ...................... X.-X: . ..................... .... x-0 ...... .. ................... 5. ....... ...... ...........I Site Planning C Soda Springs Parking t Trail Connection Cathedral Randy Develop plan for implementation of EEM& Develop plan to implement parldng in the area Oaks Matt HCP Grants. and a trail connection to Priest Rock Trail. C Trail Use Plan El Corte de Mary Develop trail use plan for Study Area 2. Develop plan with assistance of task force;Board Madera Doug adoption. Matt I H Rock Climbing Plan Long Ridge Mary Prepare rock climbing plan for Devils Canyon Upon adoption of rock climbing policies,prepare Doug area a plan for Devils Canyon area. Matt • Jacques Ridge Parldng Study mt. Del Joint project with County to develop parldng Continue to work with County planners to define Umunhurn near Jacques Ridge, project and discuss Joint management issues. I I I I • Paddng Alternatives Study Fremont Randy Study alternatives,select preferred locations, Based on determination to proceed,complete Older Other determine design requirements and permit construction documents,obtain permits,help process. negotiate property agreement. Grant Administration C National Recreational Traits Grant El Corte de Mary Administer National Recreational Trail Grant. Administer grant. Madera C EEM&HCP Grant Administration Kennedy- Mike Administer three grants warded for Seek witensions and reoonfigure grants as Urneldin Randy acquisition of properties and construction of necessary. two staging areas.(One grant includes a project In Kennedy Limekiln Area.) C Land and Water Conservation Fund JWindy Hill Mary lAdminister grant to fund parking lot and trail Upon completion of trail construction,close out Grant development. 1grant. ....... .............CIP P!TleCft, Parkin g Areas- H Paricing Lot El Corte de IMary I Design and consftuct 40-50 vehicle parking I Complete conceptual plans. Develop IMadera Other area&restroom near Skyline. construction drawings;submit for permits. c:Jo\:workprog\chart—a.xls CHART—A.XLS Page 5 January 7, 1998 Priorities: C=Critical, H=High, M=Medium, L=Law Chart A *=New project, not in previous work plan Proposed Planning De artment Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Proposed Fiscal Year 98-99 M Enlarge Parking Lot Purisima Other Enlarge parker area at Whittemore lot by Redesign lot in-house and enlarge lot through in- redesigning lot,regrading,refencing perimeter. house efforts. I Restrbonts * H Convert Restroom Monte Bello Other Convert restroom from chemical recirculation Make revisions in-house. system to pit style. Structures C Shop Building Seismic Upgrade Rancho San Mary Retrofit existing shop building to Improve Complete permit process.Solicit bids,construct. Antonio Del structural integrity.Replace exterior siding,roof Other and windows. H Nature Center Skyline Mary Construct nature center building and install Construct deck,exterior exhibits. Matt interpretative exhibits and lab;interpretive trail signs. * H Reynolds Road Ranger Residence NR. Matt Establish residence on former North property. Upon demolition of existing structures,obtain Umunhum Mary permits and construct a mobile or modular home or the property. M Slap Building Floor Skye Mary Install concrete slab floor In shop open bays. Crew to cxxripkte this project. M Bartels Cleanup M. Matt Remove structures;cleanup Complete project Umunhum Mary M Young Cleanup Mt. Matt General cleanup of site. Comte project. Umunhum Mary * M Former Sink Hoge Demolition Mt. Matt Dentition of buildings;restore site. Obtain permits,remove hazardous materials, Umunhum Mary complete deny of structures. * M Former Barlow House Demolition j Ntt. Matt j Demolition of buildings;restore site. Obtain permits,remove hazardous materials, Umunhum Mary I complete demo of structures. c:yo\workprog\chart_a.xls CHART A.XLS Page 6 January 7, 1998 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in previous work plan Proposed Planning De artment Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Proposed Fiscal Year 98-99 Trails&Roads C Trail Improvements El Corte Mary Implement Trail Use Phan,barricade and Continue Phase II trail construction,including Madera Matt restore unauthorized routes and discontinued construction of footbridge across El Cate de Doug routes,as Identified in the plan. Madera Creek. Implement study area 2 trail plan Dow upon approval by Board. C Bridge Replacement La Honda Other Reply two existing bridges to accommodate Obtain permits,solicit bids and construct. Creek Randy lemergency vehicles C Sausal Trail and Wildlife Observation Windy Hill Doug Construct grant-funded trail from parking lot Design and construct deck and trail. * Deck Mary below dam to conned with Spring Ridge Trail. Design and construct wildlife observation platform on the shore on Sausal Pond. H Grabtown Gulch Brie Purisima Other Replace or niconstruct bridge Take action upon resolution of approach.May Randy include new foundatIoNrelocation or plans and permits for replacemernt H Alpine Pond/Horseshoe Lake Trail Skyline Mary Seal with an all-weather surface Resurface portion of trail with an all-weather material H Lawrence Creek Bra El Corte de 10ther Replacement of old bridge to Irriprove trail and Design,permits,bid process,construction Madera Randy patrol access. depending on whether n or vehicular bridge. Miscellaneous C Dam Spillway Restoration/Landslide Thomevrood Other Repair landslide impacting Schilling Lake Bid and construct landslide and spillway repair I Repair Randy spillway. project. * H Tank Removal Skyikne Mary Removal of underground fuel tank at former Removal of fuel tank. Doug BuNis property. M Underground Power Purisima Other Underground power to ranger residence to Obtain permits,underground power. enable creation of an emergency helicopter handing pad. * M Seeger Memorial Bench Pulgas Randy Place memorial nameplate on existing bench. Upon LAFPAC Committee and Board authorization,place memorial nameplate on existing bench. c:i o\workprog\chart a.xls CHART A.XLS Page 7 January 7, 1998 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in previous work plan Proposed Planning De artment Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Proposed Fiscal Year 98-99 Pay Phone-Deer Hollow Farm Rancho Other install pay phone at Deer Hollow Farm Research costs/need. Seek Board approval and install if cost effective. * Pay Phone Russian Other I Install pay phone at main parking area. Research costs/need. Seek Board approval and Ridge install if cost effective. c:lo\workprog\chart_a.xls CHART A.XLS Page 8 Resource Management Projects 1998 / 1999 CHART RM O-onging;B-begin 98/99;C-complete 98/99 Priority Project Preserve Time Project Description / Scope Staff Involved scale ASSESSMENTS / INVENTORIES / GUIDELINES C Grassland Management Russian Ridge Develop a set of management guidelines to control Yellow starthistle and increase native species Consultant,Field staff Implementation Plan multi-year C Amend contract for new fiscal year C Conduct prescribed burn with California Department of Forestry C Provide public relations and interpretation for the prescribed burn Public Affairs O Monitor and compare species diversity in all treatment sites B Begin restoration of native grasses at designated treatment sites M Pond management District-wide Evaluate pond management practices for District ponds assessment C Research pond management methodologies Field staff C Consult with Bob Smith of Calif. Department of Fish and Game and Ducks Unlimited C Hold study session with U&M committee John E.,Craig C Decide management actions H Watershed assessment West of Establish objectives and long-term goals for watershed management Consultant,Randy Skyline C Develop criteria for level of habitat protection and maintenance requirements C Hire consultant to conduct one portion of assessment(i.e,map watersheds,assess Steelhead habitat conditions) B Develop monitoring program incorporating staff and volunteers Field staff,Volume 99/00 Integrate findings into the system for mapping resource inventories H Herbicide-use guidelines District-wide Develop parameters for herbicide use consistent with Resource Management Policies Field staff C Establish types,locations,timing and quantity of herbicide to use on District lands B Work with John K. and Patrick on reporting and training protocol H Feral pig activity survey District-wide Determine the extent,distribution and threat of pig activity on District lands Intern,Field staff, C Hire intern to assess impacts of pig activity to native species diversity Volunteers C Train volunteers to collect data on pig activity and report findings B Research regional management actions of other agencies and develop Districts participation 99/00 Incorporate information into the system for mapping resource inventories wkpin98.wb2 Priority: C-critical; H-high; M-medium 1 Resource Management Projects 1998 / 1999 CHART RM O-onging; B-begin 98/99;C-complete 98/99 Priority Project Preserve Time scale Project Description / Scope Staff Involved M Monitor ground squirrel Monte Bello Assess the effects of ground squirrel activity on the campground Field staff activity C Research and develop squirrel control measures C Monitor the effects of campground changes on squirrel activity RESTORATION / EXOTIC PLANT REMOVAL d Creek restoration Picchetti Restore the native riparian community Field staff,Volunteers Multi-year O Continue treatment of Arundo and English Ivy resprouts O Replant native species as needed H Habitat restoration Pulgas Ridge Eradicate exotic plant species consistent with inventory to begin restoration of native communities Field staff,CCC, Volunteers multi-year C Continue treatment of management area I and begin 2 C Schedule CCC to eradicate exotic species in individual management areas twice a year B Obtain a tree cutting permit from San Mateo County 99/00 Coordinate with Caltrans on a oak mitigation project 99/00 Scope revegetation efforts for management area I Oak restoration Rancho San H monitoring Antonio Monitor survival and growth rates of trees(planted and natural recruits)in restoration sites Field staff,Volunteers multi-year B Train volunteers to record tree information on restoration sites and enter into database B Schedule volunteers to maintain planted trees and replace with nursery plants if necessary M Willow restoration Skyline Ridge Revegetate riparian corridor to create habitat diversity Field staff,Morgan center multi-year C Expand willow planting and fencing up drainage annually until completed O Continue photo monitoring efforts H Oak restoration Skyline Ridge Remove exotic tree species posing a threat to oak plantings Field staff,Morgan maintenance center multi-year C Develop multi-phase project to remove exotic trees and restore area B Remove all trees next to planted oaks for first phase of project B Schedule volunteer days to assist in removal efforts wkpin98.wb2 Priority: C-critical; H-high; M-medium 2 Resource Management Projects 1998 / 1999 CHART RM O-onging;B-begin 98/99;C-complete 98/99 Z� Priority Project Preserve Time Project Description / Scope Staff Involved scale M Native seed increase District-wide Develop a native seed increase program: collection,propagation,restoration Field staff,Volunteers program multi-year C Schedule volunteer projects in spring and fall to collect native seed C Visit seed collection facilities at Golden Gate National Recreational Area B Redesign nursery to house seed collection trays and restoration materials B Establish protocol for preparation,propagation,storage and restoration uses M Exotic plant removal Treat and monitor problem areas and species as identified in the Invasive Exotic Plant Inventory All projects are multi-year El Corte de 0 Pampas grass Field staff, Volunteers Madera Schedule crew I day/mos.to spray,cut and remove plants throughout preserve Complete treatments in defined area before moving to new area Saratoga Gap 0 Broom Morgan Center,Field staff Supervise Morgan Center to strategically remove broom Continue photo monitoring/retreat as necessary Rancho San Antonio 0 Cape Ivy,Vinca,Fennel Field staff Coordinate with California Native Plant Society to treat various population sites Schedule crew I day/mos.to spray,cut and remove plants throughout preserve Complete treatments in defined area before moving to new area Rancho de 0 Harding grass Field staff Guadalupe Staff to spray herbicide in test areas to determine effectiveness of method -as time allows- Sierra Azul 0 Pampas grass,Eucalyptus seedlings,Broom Field staff Staff to strategically spray herbicide in infested areas -as time allows- Fremont 0 Broom,Eucalyptus seedlings Field staff Older Coordinate with California Native Plant Society to treat various populations Schedule crew I day/mos.to spray,cut and remove plants throughout the preserve Complete treatments in defined area before moving to new area Windy Hill 0 Fennel Field staff Staff to strategically spray herbicide in infested areas -as time allows- wkpin98.wb2 Priority: C-critical; H-high; M-medium 3 I Resource Management Projects 1998 / 1999 CHART RM O-onging; B-begin 98/99;C-complete 98/99 Priority Project Preserve Time Project Description / Scope Staff Involved scale I RESOURCE MONITORING / SITE PROGRESS M Weevil biocontrol on Fremont Evaluate the success of weevil introductions as a biocontrol agent for Yellow starthistle County Agricultural Yellow starthistle Older Dept.,Field staff C Conduct species counts at each release site 0 Continue photo monitoring 99/00 Experiment with the use of Transline in areas where weevils have established Vegetation composition Rancho de Determine the effect of prescribed bum on species composition change over time Consultant, intern change Guadalupe 0 Sample vegetation using the Daubenmire Method along the two established transects 0 Enter information into database for annual comparisons M Caltrans Oak mitigation St.Joseph's Check that Caltrans fulfills the objectives of the oak mitigation project Hill 0 Consult with Calif. Department of Fish and Game and project manager for Caltrans 0 Monitor status of various stages of the project to confirm progress and accountability M Wildlife surveys and District-wide Monitor the population and movements of wildlife on District lands Field staff,Volunteers monitoring 0 Threatened and Endangered species inventory and habitat plans 0 Continue fall deer surveys in collaboration with Calif.Department of Fish and Game 0 Coordinate with Coyote Creek Riparian Station to compile red-legged frog data 0 Prepare bluebird boxes each year and monitor number of nestings and fledglings B Organize interns,volunteers, interest groups to participate in surveys M Photo monitoring sites District-wide Establish a comprehensive status and progress report on sites and projects Field staff,volunteers progress reports 0 Measure successional change in particular habitats through a photo monitoring program 0 Visit project sites to track the progress of objectives INTERDEPARTMENTAL COORDINATION C System for mapping District-wide Inventory and record key flora,fauna,natural features and communities Matt,Randy, resource inventory Consultant multi-year C Coordinate with Planning to develop a system of base maps and databases to record resource information C Acquire information from Natural Diversity Database 99/00 Solicit inventory information on key flora,fauna,natural features and communities 99/00 Scope projects suited for volunteers, interns,special interest groups,and consultants wkpin98.wb2 Priority: C-critical; H-high; M-medium 4 Resource Management Projects 1998 / 1999 CHART RM O-onging;B-begin 98/99;C-complete 98/99 Priority Project Preserve Time scale Project Description / Scope Staff Involved C Resource evaluation District-wide Develop policies and procedure for factoring resources into land use and management decisions Randy,Matt procedures C Assess the results of the opportunities and constraints report on RDG in relation to project B Develop,discuss and test methods of assessing resources and identifying needs and constraints B Integrate the natural resource policies with other District policies for management decisions H Trail planning District-wide Assist in assessment of trail use,layout and design John E.,Field staff multi-year C Assist Planning with trail planning effort for El Corte de Madera Mary i C Advise on restoration of closed trails,trail realignment and monitoring C Participate in task force meetings for area 2 C Trail use policies District-wide Assist Planning with the scope,review and revision of trail use planning Planning B Assure the Natural Resource Policies are considered Trail restoration and H mitigation general District-wide Assure that mitigation and restoration of trails is conducted with all trail construction Planning,Field staff O Evaluate the method and extent of restoration and mitigation of trails Windy Hill Assist planning with Sausal pond trail/mitigation trail alignment Mary,Field staff C Develop mitigation measures for trail construction to protect sensitive wetland habitat O Monitor site for impacts to wetland community Cathedral Assist Planning with access and protection determination of Soda springs canyon area Randy,Mike Oaks C Assess potential impacts along optional trail alignments C Recommend mitigation measures for trail construction activities Kennedy Restore non-designated trails to the native habitat type Planning,Field staff Limekiln O Assess restoration requirements and monitor efforts O Advise on restoration materials and techniques L Wetlands Restoration Ravenswood Restore pond to tidal action and marsh habitat Randy B Assist planning with overseeing project and check that consultant fulfills objectives M Mitigation projects Foothills Cooperate with Santa Clara Water District to design mitigation projects Randy,Matt Region B Establish District needs for habitat enhancement projects and flora and fauna surveys B Meet with SCWD to scope out possible projects wkpin98.wb2 Priority: C-critical; H-high; M-medium 5 Recvional Ope ice R-98-17 Meeting 98-02 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 28, 1998 AGENDA ITEM 6 _ AGENDA ITEM Report on Ranger Bicycle Patrol Program for Calendar Ye ` 1997 GENERAL MANAGER'S RECOMMENDATION Accept this informational report on the ranger bicycle patrol prog am. - - BACKGROUND The bicycle patrol pilot program ended November 30, 1994. At your December 14, 1994 meeting (see report R-94-125),the Board approved the ranger bicycle patrol as an ongoing part of the ranger patrol duties. The Board also requested that staff report annually on the progress of the program. This report reflects the status of the program for 1997. DISCUSSION The bicycle patrol program included three mountain bicycles for each ranger office. Two rangers from each office were assigned to bicycle patrol for a one year period, leaving the third bicycle at each office available for the other rangers to share. The District provided each ranger with a bicycle helmet and gloves as safety equipment. Additional bicycle patrol uniform items were approved for purchase including shorts, long pants, jackets, and shoes. The District provided long pants and jackets to the four rangers assigned to bicycle patrol. Optional shorts and bicycling shoes could be purchased from uniform allowances. Rangers using the shared bicycle could "earn" the long pants and jacket by first logging 50 hours of bicycle patrol time during the year. Written procedures were developed for the bicycle patrol program. Each ranger was required to keep track of the following information: time spent preparing for bicycle patrol each day, actual time spent on bicycle patrol, and the number of public contacts made while on bicycle patrol. Following are the statistics for the 1997 calendar year: • Rangers performed 308 bicycle patrols, for a total of 710 hours of patrol time. a Staff spent 71 hours on preparation time (approximately 14 minutes per patrol). • Approximately 5,100 visitors were contacted (an average of 16 contacts per patrol). r '('L4 WW +�),�pi@..1�fS-4 Celebrate 25 Years of Open Space Preservation 330 Distel Circle * Los Altos,CA 94022-1404 , Phone:650-691-1200 1972-1997 § FAX:Fro-691-0485 * E-mail:mrosd@openspace.org , h site:www.openspace.org Shard of Directors:Pete Siemens,Mary C. Davey,Jed C ,vid T.Smernoff,Nonette Hanko, Betsy Crowder,Kenr, Nitz • General Manager:L.Craig Britton in 1996 and 183 • w previous ears were 192 hours t a The total bicycle patrol hours from the two e Y P P Y hours in 1995. The nature of the visitor contacts included numerous informational contacts, verbal and written warnings for violations including excessive speed and picking flowers, many warnings for riding a bicycle without a helmet, and a few responses to accidents on the trails. Bicycle patrol rangers issued numerous citations for helmet violations, riding in a prohibited area, and dogs off leash. The rangers on bicycle patrol indicated that the public response to seeing rangers on bicycles continues to be very positive. Once again, this year's program ended without a single reported employee accident or injury. The estimated annual cost to maintain the bicycle patrol program in 1997 was $1,960 and was allocated as follows: $1,310 for uniform pants and jackets, $200 for maintenance and repair, and $450 for personal safety gear (helmets and gloves) and bicycle accessories (racks, packs, tools, computer speedometers and miscellaneous repair items). CONCLUSION The ranger bicycle patrol program continues to be an effective way to patrol District trails. It has been well received by all visitor use groups. The program provides an incentive for staff to devote more time to a non-motorized form of patrol. In 1997, with six bicycles available the entire year, rangers logged three and one-half times the number of bicycle patrol hours of the previous year, when only four bicycles were available. Prepared by: Annette Coleman, Area Superintendent Contact person: Same Re,gional Openice R-98-13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-02 January 28, 1998 AGENDA ITEM _ 7 AGENDA ITEM Approval of Amendment to District Legal Counsel Employment Agreement Reclassifying Position From One-Half to Two-Thirds Time and Approval of Salary and Benefit Adjustment AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOM ENDATION Adopt the attached Resolution amending the Employment Agreement with District Legal Counsel to reclassify the part-time position from one-half(.5)to two-thirds(.67)time and approving a salary and benefit adjustment. DISCUSSION The current District Legal Counsel was hired in 1994 as an independent contractor. In March, 1996, the position of District Legal Counsel was established as a half-time employee position. In April, 1997 the Board conducted its annual evaluation for the District Legal Counsel. The Board instructed its ad hoc evaluation committee, composed of Directors Davey, Hanko and Siemens, to meet with Legal Counsel to discuss compensation for Fiscal Year 1997-1998. With respect to salary, the Committee recommended that a salary survey be done, as no survey had been done in conjunction with the creation of the position. The Committee felt it should review the current and anticipated workload for this position, look at comparable salaries, and report back to the Board regarding any compensation adjustment for this position(see report R-97-80). In December, 1997, the Board conducted an interim evaluation of the District Legal Counsel and instructed the ad hoc committee to meet with Legal Counsel and report back on these issues: Increase in Position From One-Half to Two-Thirds The ad hoc committee has met with Legal Counsel and the General Manager and discussed current and anticipated workload for this position. Accordingly, the Committee recommends that this part-time position be modified from a half-time(.5)to a two-thirds time(.67) position to better meet the District's current and anticipated legal services needs. The Committee recommends that the Board evaluate this increase in hours at the next District Legal Counsel evaluation. Given the projects expected to be completed this year, it is clear this level of service is needed at this time. This will allow the District to maximize its use of in-house legal services which cost less than outside counsel. When outside counsel is used, the availability of in-house staff helps contain those costs. T•��W,�.or,.�Urtii?d S�� _ Celebrate 25 Years of Open Space Preservation rvation 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:650-691-1200 1972.1997- FAX:Nq0-691-0485 - E-mail: mrosd@openspace.org a b site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led C vid T.Smemoff, Nonette Hanko,Betsy Crowder,Kenn. Nitz - General Manager:L.Craig Britton R-98-13 Page 2 Sal= The Committee also recommends that the District Legal Counsel Employment Agreement be amended to reflect a pro-rated annual salary of$63,650 (based upon an annual full-time salary of $95,000). A salary survey for this position was done and reflects that the current pro-rated annual salary of$44,000(based upon an annual salary of$88,000) for this position is below to significantly below comparable positions. This salary increase is also in lieu of any cost-of-living adjustment for fiscal years 1996-1997, 1997-1998, and 1998-1999. Further, there was no increase in compensation for this position in fiscal year 1995-1996 when the District Legal Counsel was working for the District as an independent contractor. Benefits The existing Employment Agreement providesides th at the District Legal Co unsel will receive benefits available to employees of the District on a pro-rated basis, except for medical insurance and long- term disability coverage for which the District pays full premiums. The attached Agreement is amended to reflect the change in pro-ration from .50 to .67. The annual vacation leave is proposed to be increased from 60 hours to 80 hours. All other leave is earned on the same basis as other management employees, pro-rated for this two-thirds time position. Prepared by: Directors Davey, Hanko, and Siemens Contact person: Director Davey RESOLUTION NO. — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MEDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDMENT TO DISTRICT LEGAL COUNSEL EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the M[idpeninsula Regional Open Space District entered into an Agreement, dated March 13, 1996, with Susan Schectman employing Schectman as the District Legal Counsel; and WHEREAS, the Agreement provides for an annual review of the District Legal Counsel's performance and an annual compensation review; and WHEREAS, the Board has completed its annual review; and WHEREAS, the Board, based on its annual review of Schectman's performance, desires to grant her a salary and benefit adjustment and a conversion of this part-time position from one- half(.50)to two-thirds (.67) time. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the M[idpeninsula Regional Open Space District do hereby authorize the President of the Board of Directors to execute the attached Second Amendment to the District Legal Counsel Employment Agreement on behalf of the M[idpeninsula Regional Open Space District to increase this part-time position from a one-half(.50)to a two-thirds(.67)position and to adjust the annual salary and benefits for this position as set out in said Second Amendment to the District Legal Counsel Employment Agreement. Second Amendment to Employment Agreement District Legal Counsel WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into that certain District Legal Counsel Employment Agreement("Agreement"), dated March 13, 1996, with Susan M. Schectman, employing her as the District's Legal Counsel; and WHEREAS, the Agreement provides for an annual review of the District Legal Counsel's performance and compensation; and WHEREAS, the Board has completed its annual review and desires to adjust the District Legal Counsel's current compensation; and WHEREAS, the Board previously amended the District Legal Counsel Employment Agreement on April 23, 1997. NOW, THEREFORE, the parties agree that the Agreement shall hereby be further modified as follows: 1. Section 4(A) is hereby amended to read as follows: A. The Attorney's regular work hours shall be generally 27 hours of service per week, including attendance at Board or Board Committee meetings. 2. Section 5(A) is hereby amended to read as follows: A. As compensation for services to be performed hereunder, Attorney shall receive a salary at the rate of$63,650 per calendar year. 3. Section 5(D) is hereby amended to read as follows: D. Attorney shall receive the medical, dental, vision, life insurance, long term disability insurance, deferred compensation, sick leave conversion and Section 125 cafeteria plan benefits available to employees of the District on the same terms available to those employees. Except for medical insurance coverage and long term disability coverage, for which District will pay full premiums, such benefits shall be pro-rated and District shall pay 67% of any applicable premiums for each benefit. 4. Section 5" is hereby amended to read as follows: H. Attorney shall earn vacation and leave as set forth in the District's"Personnel Policies and Procedures Manual" and"Administrative Leave Program for . Managers" pro-rated at 67% of applicable amounts, except that Attorney shall receive 80 hours of vacation leave which shall be credited to Attorney's vacation leave balance on January 1 st of each calendar year. It is further agreed that in all other respects the First Amended Agreement is unmodified and shall continue in full force and effect. In witness thereof, the parties have executed the Amendment this day of 1998. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Betsy Crowder, President of the Susan M. Schectman, District Legal Counsel Board of Directors Date Date ATTEST: Deirdre C. Dolan, District Clerk DISTRICT LEGAL COUNSF EMP O3 4ENT AGREEMENT This Employment Agreement ("Agreement") is entered into this 13tk day of17 , 1996 by and between the Midpeninsula Regional Open Space District, a California public agency ("District") and Susan M. Schectman ("Attorney"). NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Designation of District Legal Counsel SUSAN M. SCHECTMAN is appointed and employed as District Legal Counsel for the District. 2. Duties A. Administrative Duties 1) Attorney shall attend all regular and special meetings of the District Board of Directors as needed. Attorney's duties in this connection shall be to render advice and opinions with respect to legal matters which may arise during such meetings, except legal matters which may pertain to proceedings wherein specialized legal services are to be provided by special counsel or which do not fall within Attorney's scope of duties. 2) Attorney shall also attend meetings of committees and staff of the District, when requested to do so by the District Board of Directors or the District General Manager. 3) When requested to do so by the District Board of Directors or District General Manager, Attorney shall prepare and review resolutions, notices, contracts, leases, ordinances and other legal documents and papers in matters pertaining to the District, and shall also examine for legal sufficiency all documents submitted to her by the District. 4) Attorney shall perform legal research as required to attend to the legal needs of the District and shall review legislation and court decisions to determine their effect upon District affairs. 5) Attorney shall cooperate with and assist the District, its officers, directors, agents and employees on all general legal matters pertaining to the District, including the enforcement of District laws, ordinances and codes. 6) Attorney shall also perform such other related and appropriate legal services for the District as may be requested by the District Board of Directors or the District General Manager. 1 B. Litigation Duties When requested to do so by the District Board of Directors, Attorney shall represent the District in legal and administrative proceedings to which the District may be a party. 3. Acting Attorney Attorney shall select another person or persons to act as Legal Counsel to the District in cases where Attorney is unable to act due to illness, vacation or other reason. The selection of Acting Legal Counsel shall be subject to the approval of the District Board of Directors. 4. Limitation on Duties A. The Attorney's regular work hours shall be generally 20 hours of service per week, including attendance at Board or Board Committee meetings. B. It is recognized that the District normally contracts with special counsel in certain matters pertaining to the District, such as labor relations, workers' compensation, general liability and bond issues. In the event legal services are provided by special counsel, Attorney will be responsible for general oversight in such cases to insure the District is effectively represented and for providing general legal assistance and support to the special counsel as needed. 5. Compensation and Benefits A. As compensation for the services to be performed hereunder, Attorney shall receive a salary at the rate of$44,000 per calendar year. B. It is recognized that there may be occasions when the Board requests the Attorney to provide additional services on non-routine complex or time-consuming tasks such as litigation or administrative proceedings which significantly exceed the Attorney's regular work hours. In that event, the Attorney and the Board will meet to review the request and agree upon appropriate additional compensation for such services. C. In recognition of the importance of continuing public agency law education to the Attorney's effective representation of the District, Attorney may attend relevant professional seminars such as League of California Cities City Attorney conferences at a cost not in excess of $1,000.00 per year for travel, meals, lodging and conference expenses. Other District related legal education or travel expenses may be approved by the District when deemed in the best interest of the District. D. Attorney shall receive the medical, dental, vision, life insurance, long term disability insurance and deferred compensation benefits available to employees of 2 the District on the same terms available to those employees. Except for medical insurance coverage and long term disability coverage, for which District will pay full premiums, such benefits shall be pro-rated and District shall pay 50% of applicable premiums. E. District shall pay both the Attorney's employee contribution and the District's employer contribution in accordance with the District's 2% at 60 plan with PERS. F. District will pay the employer's share of Social Security Medicare tax and Attorney will pay employee's share. G. Attorney may participate in any District optional benefit plan at her own cost. H. Attorney shall earn vacation and leave as set forth in the District's "Personnel Policies and Procedures Manual" and "Administrative Leave Program for Managers" pro-rated at 50% of applicable amounts, except that Attorney shall receive 60 hours of vacation leave which shall be credited to Attorney's vacation leave balance on the effective date of this Agreement and thereafter upon each anniversary date. 1. Attorney will be eligible to receive mileage reimbursement at the applicable District rate for use of her personal vehicle on District business. 1. Meritorious pay -The District may grant Attorney meritorious pay, ranging from 0% to 5% over and above Attorney's salary. Such meritorious pay shall be based on the Board's annual review of Attorney's performance. Evaluation shall be based on criteria and objectives to which the Board and Attorney have mutually agreed. Meritorious pay shall not be a salary adjustment, but rather recognition for performance during the previous year of service. 6. Attorney may terminate this Agreement upon forty-five (45) days' written notice to District. District may terminate this Agreement by written notice to Attorney at any time. Attorney serves at the pleasure of the District Board of Directors and may be discharged without cause. 7. On an annual basis, the District will review the performance of Attorney and will consider any proposals by the District Board of Directors or Attorney to modify or amend this Agreement and to adjust salary and/or benefits. 8. This Agreement shall become effective on April 1, 1996. 3 l __=jW�%the parties hereto have executed this Employment Agreement 3 , 199 at Los Altos, California. this MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Whette Hanko�, President Susan Schectman Date: lqq(* -31 ►976 Date: ATTEST: -J - Fiddes, District Clerk 4 Regional n ce AAA MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-11 Meeting 98-02 January 28, 1998 AGENDA ITEM _ 8 AGENDA ITEM Authorization to Change District's Designation of Authorizperd-Signatories for Entering District Safe Deposit Boxes GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes(Mid-Peninsula Bank) DISCUSSION Section 2.50, Safe Deposit Box of your Rules of Procedure states"The authorized signature for entrance into the District's safe deposit box are any of the following: President, Treasurer, General Manager, and the District Clerk." In light of the recent appointment of Director Crowder as President and Director Nitz as Treasurer, Board of Directors, and D. Dolan's appointment as Administrative Services Manager/District Clerk, it is necessary to change the District's designation of authorized signatories for our District Safe Deposit Boxes. Prepared by: D. Dolan, District Clerk Contact person: L. Craig Britton, General Manager 4 4 W4,ft,14 544 r 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 Shard of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton SOLUTION NO. 6 MID - PENINSULA BANK SAFE DEPOSIT SIGNATURE CARD - NON PERSONAL Renter: MIDPENINSULA REGIONAL OPEN SPACE DISTRIC Financial MID-PENINSULA BANK 330 DISTEL CIRCLE Institution: 420 Cowper Street LOS ALTOS,CA 94022 Palo Alto,CA 94301 RENTAL AGREEMENT MIDPENINSULA REGIONAL OPEN SPACE DISTRIC,hereinafter"Renter", hereby applies to MID-PENINSULA BANK,hereinafter'You","your",to rent the safe deposit box in accordance with the terms and conditions contained on both sides of this card and, in consideration of the rental and the delivery of the two keys to the box,the receipt of which is hereby acknowledged,agrees to pay the rental fees and to comply in all respects with and be bound by all the terms,conditions,rules and regulations referred to or included in this Agreement. CORPORATE/ASSOCIATION RESOLUTION I hereby certify that I am the duly qualified Secretary of MIDPENINSULA REGIONAL OPEN SPACE DISTRIC;that at a meeting regularly convened pursuant to its Bylaws on November 21, 1997, or by special action without a meeting,its Board of Directors adopted a resolution which has not since been modified or revoked,of which the following is a true copy: "Resolved that any one(1)of the Authorized Signers below be and they hereby are authorized to enter into such safe deposit rental agreement(s) with MID-PENINSULA BANK,as they shall deem proper,to have access to and to surrender the box or boxes,to receive and receipt for any contents of the box or boxes or other property in your possession for storing or safekeeping and to execute releases of liability with respect to any such transactions, until you receive at the location at which the safe deposit box or boxes may be rented a certified copy of a resolution revoking or modifying this resolution." I further certify that the signatures below are genuine signatures of the persons designated in the resolution. CERTIFIED TO AND ATTESTED BY: X 'Secretary or Assistant Secretary CORPORATE _ Renter: MIDPENINSULA REGIONAL OPEN SPACE DISTRIC X Box Number: 2704 - 2705 - 2706 Number of Signers Required:EAny one(1)of the Authorized Signer(s)shown below. AWwbli WW, ptgjI9& ra certifying o9ftj* t8g by the resolutions as one of the signing officers,this resolution must also be X { SSN: Phone:(H): (W):(415)691-1200 L CRAIG BRITTON,GENERAL MANAGER Date Street: Job: ID: X SSN: Phone:(H): (W): DEIRDRE C DOLAN,DISTRICT CLERK Date Street: Job: to: X SSN: Phone:(H): (W): Date Street: Job: ID: X SSN: Phone:(H): (W): Date Street: Job: ID: ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE I Claims No.98-02 Meeting 98-03 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date:January 28, 1998 Revised # Amount Name Description 3477 14.88 ACE Springs &Wallplate For Ranger Residence 3478 399.86 Acme& Sons Sanitation Sanitation Services 3479 366.26 All Laser Service Laser Printer Cleaning 3480 76.60 American Fisheries Society Reference Book on Watershed Mgmt 3481 55.00 American Red Cross CPR Training 3482 16.20 AT&T Telephone Service 3483 132.16 Butler Uniforms Uniform Supplies 3484 860.24 California Water Service Company Water Service 3486 3,827.95 Callandar Associates Landscape Architectural Services 3486 480.00 Camino Medical Group Medical Services 3487 368.93 Carsonite International Markers&Decals 3488 4.33 Clarks Auto Parts Auto Parts 3489 134.23 Coastal Ford Tractor Auto Parts 3490 134.93 Cole Supply Janitorial Supplies 3491 63.62 Congdon, Patrick Erosion Control Manual 3492 364.76 Emergency Vehicle Systems Auto Parts 3493 235.08 Farrelle Communications Radio Battery 3494 187.00 Federal Parks& Recreation Subscription Renewal 3495 233.82 The Feed Barn Chain Latch 3496 3,941.52 First American Title Title Insurance - POST/Thysen 3497 9.70 Foster Bros. Security Systems, Inc. Key Copying 3498 10.06 Franklin Covey Organizer Calendar 3499 5,560.00 Godbe Research &Analysis Coast Expansion Survey 3500 46.60 Goodco Press F1 Cards 3501 60.05 G & K Services Shop Towel Service 3602 348.84 Granite Rock Cement 3503 84.05 GTE Mobilnet Cellular Phone Service 3604 1,038.52 Home Depot Field Equipment and Supplies 3606 61.00 Isaacs, Jodi Membership - The Wildlife Society 3606 67.98 J.C. Penny's Uniform Supplies 3607 2,180.16 Jeda Publications Rancho San Antonio Map Printing 3608 50.00 Jensen, Travis Tuition- Building Maintenance Class 3609 94.93 Local Government Publications Law Book Supplement 3510 300.00 Lockhart, David Consultant - Rancho do Guadalupe 3611 118.13 Los Altos Garbage Garbage Service 3612 321.24 Lucent Technologies Phone System Maintenance 3613 26.85 Madco Oxygen Refill 3614 2,020.28 •1 McCullough, Julie Planning Contract Development 3515 417.53 Metro Mobile Communications Speaker Microphone 3516 780.00 Micro Accounting Computer Maintenance Services 3517 31.42 Murray& Murray Legal Services 3618 66.00 National Glass Window Frame Repair 3619 214.60 National Safety Council Subscription Renewal- Family Health&Safety 3520 19.50 Netcom Internet Service 3621 41.11 Noble Ford Auto Parts 3522 80.00 Northern Energy Propane Tank Rental 3523 862.61 Office Depot Office Supplies 3524 2,611.84 OSH Field Equipment and Supplies 3525 1,169.61 Pacific Bell Telephone Service 3526 167.50 Palo Alto Red Cross CPR Training& Supplies 3527 48.64 Pine Cone Lumber Field Equipment and Supplies 3628 469.69 PIP Printing Kids Art& Spaces & Species Flyers Page 1 3529 238.11 Pitn ves is Meter Lease 3630 2,000.00 Popia. ppraisal Consulting isal of Aitken Property 3631 1,760.00 Popish Appraisal Consulting Appraisal of Vanderpan Property 3532 417.30 Premium Sportswear DEL T-Shins 3633 260.00 Public Agency Coalition Subscription Renewal- PERS PAL 3534 68.26 Rayne Water Conditioning Water Service 3536 238.15 The Recorder Legal Publication 3536 960.11 Roy's Repair Service Auto Repair 3537 114.75 Safety Kleen Solvent Tank Service 3538 87.64 •2 Second Cup Dinner for Board Meeting 3539 27.60 Sequoia Analytical Water Test 3540 473.60 Signs of the Times Trail Directional Signs 3642 26.66 State Board of Equalization Fuel Tax 3543 307,076.00 Stewart Title of California Vanderpan Acquisition 3641 298.72 Summit Uniforms Uniform Supplies 3644 946.35 Target Specialty Products Field Equipment and Supplies 3645 636.24 Teeter Map Graphics 3546 2,649.60 Turner& Mulcara Legal Services 3647 687.60 Turner& Mulcare Legal Services 3548 717.63 Visa Miscellaneous Expenditures 3549 257.09 West Group Law Book Supplement 3650 29.22 Wheelsmith Bicycle Tire 3551 71.50 Williams, Michael Membership Reimbursement- Right of Way Org 3552 300.00 *3 Wolfe, Roberta Recording Services -Jan 14 Mtg 3553 66.70 Workingman's Emporium Uniform Supplies 3553R 1,000.00 First American Title Escrow for Russian Convent Local Business Meetings, Office Supplies, Field 3554R 383.37 Petty Cash Supplies, Film Developing. •1 Urgent Check Issued 1/21/98. •2 Urgent Check Issued 1/28/98. *3 Urgent Check Issued 1/28/98. TOTAL 352,761.40 Page 2 Clairns No.98-01 Meeting 98-03 MIDPENINSULA REGIONAL OPEN SPACE DISTRIC Date:January 28, 1998 Amount Name Description 3477 14.88 ACE Springs&Wallplate for Ranger Residence 3478 399.86 Acme& Sons Sanitation Sanitation Services 3479 366.26 All Laser Service Laser Printer Cleaning 3480 76.60 American Fisheries Society Reference Book on Watershed Mgmt 3481 66.00 American Red Cross CPR Training 3482 16.20 AT&T Telephone Service 3483 132.16 Butler Uniforms Uniform Supplies 3484 860.24 California Water Service Company Water Service 3485 3,827.95 Callender Associates Landscape Architectural Services 3486 480.00 Camino Medical Group Medical Services 3487 368.93 Carsonite International Markers & Decals 3488 4.33 Clarke Auto Parts Auto Parts 3489 134.23 Coastal Ford Tractor Auto Parts 3490 134.93 Cole Supply Janitorial supplies 3491 53.62 Congdon, Patrick Erosion Control Manual 3492 364.76 Emergency Vehicle Systems Auto Parts 3493 236.08 Farrelle Communications Radio Battery 3494 187.00 Federal Parks& Recreation Subscription Renewal 3496 233.82 The Feed Barn Chain Latch 3496 3,941.52 First American Title Title Insurance - POST/Thysen 3497 9.70 Foster Bros. Security Systems, Inc. Key Copying 3498 10.06 Franklin Covey Organizer Calendar 3499 5,560.00 Godbe Research&Analysis Coast Expansion Survey 3500 46.60 Goodco Press FI Cards 3601 60.05 G & K Services Shop Towel Service 3502 348.84 Granite Rock Cement 3503 84.06 GTE Mobilnet Cellular Phone Service 3604 1,038.62 Home Depot Field Equipment and Supplies 3605 61.00 Isaacs, Jodi Membership-The Wildlife Society 3506 67.98 J.C. Penny's Uniform Supplies 3507 2,180.16 Jade Publications Rancho San Antonio Map Printing 3608 60.00 Jensen, Travis Tuition- Building Maintenance Class 3509 94.93 Local Government Publications Law Book Supplement 3510 300.00 Lockhart, David Consultant - Rancho de Guadalupe 3511 118.13 Los Altos Garbage Garbage Service 3512 321.24 Lucent Technologies Phone System Maintenance 3513 25.85 Madco Oxygen Refill 3514 2,020.28 •1 McCullough, Julie Planning Contract Development 3516 417.63 Metro Mobile Communications Speaker Microphone 3616 780.00 Micro Accounting Computer Maintenance Services 3617 31.42 Murray& Murray Legal Services 3518 65.00 National Glass Window Frame Repair 3619 214.60 National Safety Council Subscription Renewal-Family Health& Safety 3520 19.50 Netcom Internet Service 3521 41.11 Noble Ford Auto Parts 3522 80.00 Northern Energy Propane Tank Rental 3623 852.61 Office Depot Office Supplies 3524 2,611.84 OSH Field Equipment and Supplies 3525 1,169.61 Pacific Bell Telephone Service 3526 167.50 Palo Alto Red Cross CPR Training& Supplies 3527 48.64 Pine Cone Lumber Field Equipment and Supplies 3528 469.69 PIP Printing Kids Art & Spaces& Species Flyers Page 1 3629 238.11 Pitn ves PC Motor Lease 3530 2,000.00 Popit., 4)praisal Consulting Ap, d of Aitken Property 3531 1,760.00 Popish Appraisal Consulting Appraisal of Vanderpan Property 3632 417.30 Premium Sportswear DEL T-Shirts 3633 250.00 Public Agency Coalition Subscription Renewal - PERS PAL 3534 68.26 Rayne Water Conditioning Water Service 3636 238.16 The Recorder Legal Publication 3636 960.11 Roy's Repair Service Auto Repair 3537 114.76 Safety Kleen Solvent Tank Service 3638 27.60 Sequoia Analytical Water Test 3639 473.60 Signs of the Times Trail Directional Signs 3541 25.66 State Board of Equalization Fuel Tax 3542 307,075.00 Stewart Title of California Vanderpan Acquisition 3640 298.72 Summit Uniforms Uniform Supplies 3643 945.35 Target Specialty Products Field Equipment and Supplies 3644 636.24 Teeter Map Graphics 3645 2,649.60 Turner& Mulcare Legal Services 3546 687.50 Turner& Mulcare Legal Services 3647 717.63 Visa Miscellaneous Expenditures 3548 267.09 West Group Law Book Supplement 3549 29.22 Wheelsmith Bicycle Tire 3660 71.60 Williams, Michael Membership Reimbursement- Right of Way Org 3661 300.00 Wolfe, Roberts Recording Services 3662 66.70 Workingman's Emporium Uniform Supplies 351,290.39 1 Urgent Check Issued 1/21/98. Page 2 gio Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors r FROM: C. Britton, General Manager DATE: January 28, 1998 SUBJECT: FYI 6`Cei1`e _n_ _® _o_n 330 Distel Circle Los Altos, CA 94022-1404 # Phone:650-691-1200 Celebrate 25 Years of Open Space Preservation 1972-1997- FAX:650-691-0485 * E-mail: mrosd@openspace.org - Web site:www.openspace.org Board of Directors:Pete Siemens,Ma C.Davey, Cyr,David T.Smernoff,Nonette Hanko,Bets Crowder,Kenneth C.Nitz . General Manager:L. Mary y ��_. y � n g Craig Britton January 24 , 1998 Board of Directors , MROSD 330 Distel Circle Los Altos , CA 94022 I lifted the enclosed MODERN NOAH from one of my recently received club bulletins . Thought it might give you some food for thought , and some laughs , perhaps . C Harry Haeus ler P S No reply , please . MODERN NOAH And the Lord said to Noah, "In six months I'm catch my owls. So no owls. Fifth, the carpenters going to make it rain until the whole earth is formed a union and went on strike. 1 had to covered with water and all the evil people are de- negotiate a settlement with the National Labor stroyed. But I want to save a few good people and Relations Board before anyone would pick up a two of every living thing on the planet. I am saw and hammer. Now we have 16 carpenters ordering you to build Me an Ark." And in a flash of going on the boat and still no owls. lightning He delivered the blueprints for an Ark. "Sixth, I started gathering up animals, and got "OK," said Noah, trembling in fear and fumbling sued by an animal rights goup. They objected to with the plans. "Six months and it starts to rain," my taking only two of each kind. Just when I got thundered the Lord. "You'd better have my Ark that suit dismissed, the seventh thing that hap- completed, or else learn to swim for a long, long pened was that the EPA notified me that I couldn't time." complete the Ark without filing an environmental Six months passed, the skies clouded up and the statement on Your proposed flood. They didn't rain began to fall. The Lord saw that Noah was take kindly to the idea that they had no juris- sitting in his yard weeping, and there was no Ark. diction over the conduct of the Supreme Being. "Noah," shouted the Lord, "Where is my Ark?" A "Eighth, the Army Corps of Engineers wanted a lightning bolt hit the ground next to Noah. map of the proposed flood plain. I sent them a "Lord, please forgive me!" begged Noah. "I did world globe, my best but there were big problems. First, I had "Right now I'm still trying to resolve the com- to get a building permit for the Ark construction plaint from the Equal Employment Opportunity project, and Your plans didn't meet the code. I Commission over how many Croatians I'm had to hire an engineer to redraw the plans. supposed to hire; the IRS has seized all my Second, I got into a big fight over whether or not assets, claiming I'm trying to avoid paying taxes the Ark need a fire sprinkler system. Third, my by leaving the country; and I just got a notice neighbors objected, claiming I was violating zoning from the state about owing some kind of Use Tax. codes building the Ark in my front yard, so I had I really don't think I can finish your Ark for at to get a variance from the City PlanningCommis- least another five years," wailed d Noah. Y sion. Fourth, I had a big problem getting enough The sky began to clear, the sun began to shine, wood for the Ark because there was a ban on and a rainbow arched across the sky. "You mean cutting trees. to save the cpctted ov.,l. 1 had to You are ;got going to destroy the earth^: " Noah convince U.S. Fish and Wildlife that I needed the asked hopefully. "No," said the Lord sadly, "The wood to save the owls, but they wouldn't let me Eccentrics already have. 1998 AWARD RECIPIENTS War Memorial Opera House — San Francisco House of Hospitality, Balboa Park— San Diego Lanterman House —La Caflada Flintridge Notre Dame des Victoires Church and Rectory— San Francisco Building 30, Stanford University— Stanford Upton Sinclair House — Monrovia Clayton Civic Center— Clayton San Fernando Mission—Mission Hills Picchetti Ranch— Cupertino San Gabriel Mission Complex— San Gabriel Vallecito Stage Station— Julian Leo Carrillo Ranch Master Plan— Carlsbad The Westin St. Francis Hotel— San Francisco Use of the Los Angeles Central Library was made possible by the generosity of The John Randolph Haynes and Dora Haynes Foundation, Hardy Holzman Pfeiffer Associates, and Degenkolb Engineers. THE BOARD OF TRUSTEES OF THE CALIFORNIA PRESERVATION FOUNDATION CORDIALLY INVITES YOU TO ATTEND THE 1998 PRESERVATION DESIGN AWARDS PROGRAM BENEFIT AWARDS PRESENTATION AND RECEPTION SUNDAY, FEBRUARY 22, 1998 10:00 AM - 12:30 PM LOS ANGELES CENTRAL LIBRARY 630 WEST FIFTH S-IP=(BETWEEN FLOWER AND GRAND) BRUNCH RECEPTION-LOD COOK ROTUNDA AWARDS PRESENTATION-THE MARK TAPER AUDITORIUM The entrance to subterranean parking is on Flower Street (between 5"'and 6h)at a cost of$5.50. Please respond by February thirteenth with enclosed reply card Regional Open ice ..mm � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: January 23, 1998 SUBJECT: FYI +c."'ft'14tau 5ac! Celebrate 25 Years of Open Space Preser vation 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,Ma , ,�� � Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette H anko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton ( Sandy-Cold Sha—pero, 16 .22 AM 1j22J3S- , Skyline X-Sender: INX-10835o@milpitasol .pop. internex.net To: mrosd@openspace .org From: scold@crosspointvc . com (Sandy Cold Shapero) Subject : Skyline Date : Thu, 22 Jan 1998 00 : 22 : 57 -0800 X-Rcpt-To: mrosd@openspace .org I was unable to attend the meeting this evening of the Board of Directors but I strongly urge MROSD to acquire the 1400 acres . The Convent proposal is incredibly upsetting and is counter to the idea of keeping "open space" in the Santa Cruz mountains. Please continue to do what you can to acquire the property. For the past 6 years we have lived on Kings Mountain and plan to stay for the next 30 . I hike often in Purissima Redwoods open space and the connecting trail between Huddart and Wunderlich. Please do whatever you can. I will add my financial support as well . Thank you for your efforts - The open space preserves are THE BEST part of the Bay Area ! Sandy Sandy Cold Shapero Phone : 650 . 851 . 9832 FAX: 650 . 851 . 3265 Email :scold@crosspointvc . com (Printed for X-alc3olm Smith -mrosd@openepace.org> 1 0" ZD, a t 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 • (408) 868-1200 00- EMBERS. n Boposia- January 16, 199 RE 1' C E,. D RECV St Greenbelt Alliance Pa E Jcicovs iil;a�7 A lorao 1922 The Alameda Suite 213 soao' San Jose, CA 95126 Dot aid L Woilc JL MIDP E IN;, ' R 7E�_G 10 N A L Re: Support for Bear Creek Redwoods Regional Pr ENS ACE �13TRICT Dear Ms Moore, Associate Policy Director Please accept a sense of regret from two of its members that a majority of the Saratoga City Council did not choose to follow through with a clear and direct response to your request for support of the campaign to create the Bear Creek Redwoods Regional Preserve. We do not believe the letter response from Mayor Wolfe adequately or appropriately conveys the high degree of support of the Saratoga community for preservation of existing county wild-land areas in the environs of Lexington reservoir. We do believe the draft Resolution prepared by city staff, at the earlier direction of the Council, perfectly captures the issues of the situation and expresses a most desirable and beneficial outcome, for all who live in the County. We are enclosing a copy of the Resolution in its draft format. We interpret your request for an expression of support in this matter as simply that. You have not asked for, nor have we given any indication of financial support from the City of Saratoga to acquire the property. We hope, trust, and expect that Greenbelt Alliance seeks only a strong community statement of endorsement of the benefits that would accrue to all residents of this area should acquisition of the 1,100 acre site by a public agency or private land trust from a willing seller occur. To that end your organization has the enthusiastic support of two members of the Saratoga City Council. Stan Bogosian Jim ice Shaw ice M,. Counilmember Mayor cc: SC County Planning Commission cc:POST cc: S C County Board of Supervisors ,,fcc:MROSD cc: Los Gatos Town Council cc: Saratoga City Council RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ENDORSING ACQUISITION AND CREATION OF THE BEAR CREEK REDWOODS REGIONAL PRESERVE WHEREAS, a community effort is underway to permanently preserve the 1.1 00-acre former Alma College property in its natural state for future generations to enjoy as Bear Creek Redwoods Regional Preserve, and WHEREAS, the property is stunningly beautiful and biologically diverse with oak-studded meadows, hillsides of maple, madrone, and fir, and steep canyons thick with groves of I 00-year-old redwoods which harbor numerous species of mammals, birds,and reptiles; and WHEREAS, this site is the largest privately-held wildland area in the Lexington Basin and its protection would help to preserve a contiguous stretch of undeveloped land critical for watershed and wildlife habitat protection; and WHEREAS, acquisition and public ownership would provide opportunities for public recreation and trails linking regional open space areas; and WHEREAS,the site has long been identified by public agencies and private non-profit land conservation organizations as a priority for acquisition and preservation, and WHEREAS, if preserved as public open space, this area will provide tremendous benefit to current and future residents of the entire region. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Saratoga does hereby endorse acquisition from a willing seller by a public agency or private land trust of the 1,1 00-acre site formerly known as the Alma College property, and support this land's permanent preservation as the Bear Creek Redwoods Regional Preserve. PASSED and ADOPTED by the City Council of the City of Saratoga at a regular meeting held on the day of 19_, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Deputy City Clerk Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 15, 1998 Honorable Ted Lempert Member, California State Assembly State Capitol, Room 2188 Sacramento, CA 94249-0001 Subject: Petroleum Violation Escrow Account Funding Request Dear Assemblyman Lempert: As a result of AB 1166 which you authored last year, the Midpeninsula Regional Open Space District now has the ability to receive from the State selected easements in San Mateo County comprising the now-defunct and unused California Hiking and Riding Trail system. These trail easements,could be utilized as additions to regional public trail systems such as the Bay Area Ridge Trail, or to otherwise further the Districts regional trail development programs. The State has no planned use for the easements and supported the bill which authorizes these transfers. Development of these trail easements will greatly enhance the public's opportunity to access and p g Y P pp tY enjoy regional open space and park lands, and make the best use of trail easements that will otherwise go completely un-utilized. The resulting trail and public access improvements will provide segments of trail connections between thousands of acres of open space and park land, thus providing the public with new trail access of a truly regional nature. The improvements will also provide for additions and connections to the Bay Area Ridge Trail in this area, along with creating an opportunity for two new parking/trail access points creating improved public vehicular access to these preserves. The District is requesting $450,000 from the Petroleum Violation Escrow Account in order to c out the development and improvement of the trails and related public access 0 an'Y p P improvements. The ongoing maintenance and operation of these facilities will be funded entirely by the District. Without additional funds, the public may not have the opportunity to fully utilize these trail systems, especially in the foreseeable future. Matching (1:1) funds from the State would allow the District to take full advantage of the public access and trail-use opportunities that these trail easements and associated staging areas will provide. Takes�.W�.�k ow U�oC S�1 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 January 15, 1998 Honorable Ted Lempert Page -2- The following projects would be implemented upon granting of sufficient matching funds: Improvement to or construction of up to approximately nine miles of trail to accommodate existing and new public access, including potential for approximately 5.5 miles of Bay Area Ridge Trail, utilizing the California Hiking and Riding Trail easements (tracts #18A, #17B, and #19). Total estimated project cost: $70,000. Staging area for the 2,800-acre El Corte de Madera Creek Open Space Preserve, one of the District's most-visited preserves along Skyline Boulevard in San Mateo County. Project to consist of a parking area, restrooms, visitor information map boards, new traihheads connecting to the Bay Area Ridge Trail and to the preserve's internal trail system, utilizing California Hiking and Riding Trail easements (tracts#12 and#14). Total estimated project cost: $265,000. Regional staging area for the 2,000-acre La Honda Creek Open Space Preserve, accessible from State Route 84. This preserve currently has minimal trail access points and parking. Project to consist of parking area, restrooms,visitor information map boards, new traiheads connecting to Bay Area Ridge Trail, to planned trails from Skyline to the sea, and to the preserve's internal trail system, utilizing California Hiking and Riding Trail easements (tract#1913). Total estimated project cost: $580.000 Total of above projects: $915,000 Total funds requested: $450,000 Thank you for the opportunity to assist in securing funding for these projects. Please contact me if I can provide any additional detail. incerely, L. raig ritton General Manager LCB/mcs cc: MROSD Board of Directors Regional Open ace 1 �r- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 15, 1998 Dan Bernstein Peninsula Access for Dogs 1165 Eureka Avenue Los Altos, CA 94024 Re: Dog Access on Hamm's Gulch Trail, Windy Hill Open Space Preserve Dear Mr. Bernstein.: I apologize for the delay in responding to your letter of October 8, 1997. It is our policy to respond to all letters as promptly as possible, but yours was mistakenly included as an informational item in the Board packet of October 22, 1997, and therefore your comments were not specifically addressed. The Board reviewed your letter at its meeting last night. You proposed that the District provide a three-point educational program related to dog access, consisting of. 1) the rules regarding dog access, 2) the general reasons for the rules, and 3) the specific significant problems that have occurred because of lack of compliance, in this case on Spring Ridge Trail. We agree with your points one and two and are already addressing them, although there is more work to do in terms of signing, publication, and visitor contact to ensure that people are aware of the rules and the general reasons behind them. Regarding your last point, our trail regulations and ordinances are developed from specific District-wide experience and the Board's general beliefs and views on trail use, rather than necessarily from specific problems that may occur at a particular site or trail. The Board has . adopted Basic Policies and Resource Management Policies that take a conservative approach to allowing dog access in order to protect the area's natural resources, provide the opportunity for others to enjoy the open space, and ensure our ability to manage the land. All these factors play a part in site specific and District-wide access rules and policies. While the basis for access rules and policies must be in part, if not primarily, based on general factors, it is the Board's objective to consider all input and evidence, and overall to be thorough and equitable about access for various types of users. We recognize that this is a challenging objective and that we have a lot of work to do to achieve it. We appreciate your assistance and patience as we balance work on dog access and many other forms of access with work on the basic resource protection mission of the District. Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 = • t472-1"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 Nanko,Betsy Crowder,Kenneth C.Nitz • Genera/Manager:L.Craig Britton Page 2 At public meetings with the Board, PADS has repeatedly offered to mount an education campaign similar to the efforts proved by the Responsible Organized Mountain Peddalers (ROMP) bicycle group. However, we understand staff has not experienced assistance from PADS during the expanded dog access test phase. Due to limited staff resources, more active participation from PADS would be welcomed. Finally, your corrections to the minutes are noted. Although the minutes for the August 27, 1997 meeting have been finalized and filed, your letter and our response will be maintained in the files for reference when the Windy Hill access issue is revisited, so that these points will not be lost. Thank you for your suggestions and your continued participation in our planning process. Sincerely, /Z � Mary Dav ,, President Board of Directors MD:ra cc: MROSD Board of Directors 1:3777 FRt-71TVALE AVENUE SARXrOGA. CALIFORNIA 95070 - (408) 868-1200 RECEIVE U ('11,MEMBERS: Stan Boaostar, Paul Jacobs January 14, 1998 JAN 1 5 199 6-i A loraf-r 4 Vicki Moore, Associate Policy Director Greenbelt Alliance MIDPENINSULA REGIONAL OPEN SPACE DIST512L_j 1922 The Alameda #213 San Jose CA 95126 RE: Response to your letter concerning acquisition of Alma College Prrperty Dear Ms. Moore: Thank you for your December 15 letter requesting the City Council 's support for public acquisition of the former Alma College Property as the Bear Creek Redwoods Regional Preserve. As the property is adjacent to the Town of Los Gatos, it would have been more appropriate to solicit their views first before approaching the City of Saratoga. Nevertheless, the Saratoga City Council agrees that appropriately acquired land for open space use, including the Alma College Property, should remain a goal and high priority in and around the West Valley area whenever possible. Hopefully, the property could be acquired as permanent open space for the enjoyment of ourselves and future generations through a timely purchase from the present owners. Unfortunately, however, Saratoga is unable to commit any funds for this purpose. A key factor in consideration for such acquisition is to respect the constitutionally protected property rights of all parties. As Mayor, I acknowledge that we must honor the design and use authored by the owner of the property, which should be afforded all due process on a timely basis. The City Council would be most gratified if an agency or private foundation could purchase the property for open space use without having impeded the usual and timely process for other possible development. Sincerely Y tY6n/ Wolfe Mayor cc: Peninsula Open Space Trust Mid-Peninsula Open Space District Town of Los Gatos City Council