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HomeMy Public PortalAbout19980211 - Agendas Packet - Board of Directors (BOD) - 98-03 Rcgional Opene .. Z cur. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-03 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California February 11, 1998 *** PLEASE NOTE*** 6:30 P.M. Closed Session Start Time 730 P.M. Regular Meeting Start 77me (6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Meeting, and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference With Real Property N gotiator - Government Code Section 54956.8 Real Property: San Mateo County Assessor's Parcel Number: 067-310-110 Negotiating Parties: Convent of Our Lady of Vladimir, Inc. a Corporation Under Negotiations: Instructions to negotiator will concern price and terms of payment. 2. Conference with Leal Counsel - Anticipated Litigation Gov ernment Code Section 54956.9(b) Significant exposure to litigation No. of cases: 1 3. Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(a) A. Richard vs. MROSD, Case No. 402294 Y Tatra 'M,114,Wu5�4j Celebrate 25 Years of Cl en S ac p p e 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 iw tors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz * General Manager:G.Craig Britton i Meeting 98-03 Page 2 (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- B. Crowder APPROVAL OF MINUTES January 14, 1998 Consent Item) WRITTEN COMMUNICATIONS BOARD BUSINESS (7:45) 1. Acceptance of the Initial Informational Report From the Ad Hoc Committee of the Board of Directors on San Mateo County Coastal Preservation and Authorization for Staff and the Ad Hoc Committee to Proceed with the Recommended Actions Which Will Allow for Further Research into the Feasibility of Expanding the District by Annexation to Establish a System of Open Space Preserves, Parks, and Beaches on the San Mateo County Coast in Coordination with Existing and Planned District Preserves and Trails -- N. Hanko (8:05) 2. Proposed Addition of Peninsula Open Space Trust Property to Purisima Creek Redwoods Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentatively Adopt the Preliminary Use and Management Plan Recommendations Including Naming the Property as an Addition to Purisima Creek Redwoods Open Space Preserve; and Indicate Their Intention to Dedicate the Property as Public Open Space -- M. Williams Resolution Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance With Respect Thereto (Purisima Creek Redwoods Open Space Preserve - Lands of Peninsula Open Space Trust) (8:15) 3. Proposed Addition of Glasspool Property to Cathedral Oaks Area of Sierra Azul Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentatively Adopt the Preliminary Use and Management Plan Recommendations Including Naming the Glasspool Property as an Addition to the Cathedral Oaks Area of 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 Meeting 98-03 Page 3 Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Glasspool) (8:35) 4. Authorization to Apply for a Santa Clara County Historical Project Grant for the Seismic Upgrade of the Winery Building at Picchetti Ranch Area Monte Bello Open Space Preserve -- D. Woods Resolution Approving the Application for Grant Funds Under the Santa Clara County Historical Project Funding Program for the Following Project: Seismic Upgrade of the Winery at Picchetti Ranch Area Monte Bello Open Space Preserve 5. Acceptance of the Annual Progress Report on the Use of Radar on District Lands -- J. Escobar 6. Acceptance of the 1997 Miscellaneous Enforcement Activity Summary and the Seven-Year Field Activity Summary -- J. Escobar (8:40) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar shall be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. NOTICE OF PUBLIC MEETINGS The Administration and Budget Committee will meet on the following dates, Tuesday, February 10, Thursday, February 12, Tuesday, February 12, and Monday, February 23, 1998. All meetings will begin at 5:00 P.M. at the District office. The Committee will be reviewing the proposed 1998-1999 fiscal year budget for the District's programs and activities. Regional Open 1 ce ..........— MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-01 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS January 14, 1998 MINUTES I. ROLL CALL President Mary Davey called the meeting to order at 5:02 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, and Nonette Hanko, David Smernoff arrived at 7:10 P.M. Members Absent: Pete Siemens Staff Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John Escobar, and Mike Williams II. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 5:02 P.M. and the Closed Session commenced at 5:05 P.M. The Board concluded the Closed Session at 6:08 P.M. and the Planning Program Workplan Study Session commenced at 6:15 P.M. The Board concluded the Study Session at 7:20 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. Additional Personnel Present: Deirdre Dolan, Jodi Isaacs, and Gordon Baillie. III. ORAL COMMIUNICATIONS -None. W. SPECIAL ORDER OF THE DAY J. Escobar introduced Gina Moran the most recently hired Open Space Technician. 4_ T•�•�Wes.� 1 �1 Celebrate25 Years of Open Space Preservation 330 Distel Circle * Los Altos, CA 94022-1404 a Phone:650-691-1200 ® 1972-1997 FAX:650-691-0485 * E-mail: mrosd@openspace.org - Web site:www.openspace.org 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 91-01 Page 2 V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF CONSENT CALEND N. Hanko requested removal of the reply to the written communication from Mr. David Luke. B. Crowder requested removal of the reply to the written communication from Mr. Dan Bernstein. K. Nitz requested removal of agenda item 6, Final Adoption of the Preliminary Use and Management Plan for the Addition of Peninsula Open Space Trust Property to Purisima Creek Redwoods Open Space Preserve. Motion: J. Cyr moved that the Board adopt the Consent Calendar including approval of the minutes of the November 12, 1997 Regular Meeting and the December 10, 1997 Regular and Special Meeting; replies to written communications from Mr. Richard Bourke, P. O. Box 7207, San Jose, CA 95150; and Mr. Bryan McClenahan, <bryan@aspect.com>; agenda Item 1 Resolution 98-01 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District of Appreciation for Mr. Sydney Levin and the Richard and Emmylou Levin Foundation for Their Generous Donation to the District: agenda item 8, Renewal o Controller's Investment Authority and Adoption of Statement o Investment Policy,including adopt of Resolution No. 98-02 a Resolution of the Board of Directors of the Midl2eninsula Regional Open Space District Adopting a Statement of Investment Policy and Authorizing the Controller to Invest Surplus Funds Allowed by Government Code; agenda item 9, Approval of One-Year Consulting Services Agreement with Heim - Noack, Kelly& S12ahnn for Consulting Fee of$1,000 Per Month; and Revised Claims 98-01. K. Nitz seconded the motion. The motion passed 6 to 0. V. WRITTEN COMMUNICATIONS In reference to the written communication to David Luke, N. Hanko said she thought we should have people's mailing addresses so they could be identified as constituents before we answer their inquiries. C. Britton said there will be a procedure workshop at the next meeting of the Board, and the handling of electronic mail is one of the items on the agenda. B. Crowder suggested that Mr. Luke be notified in this letter that no further communications will be answered unless he provides his address. D. Smernoff confirmed that Mr. Luke is a District constituent. In reference to the written communication from Dan Bernstein, B. Crowder suggested adding, "PADS has repeatedly offered to mount an education campaign at its meetings with the Board. However, we understand staff has not experienced assistance from PADS Meeting 98-01 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS January 14, 1998 MINUTES I. ROLL CALL President Mary Davey called the meeting to order at 5:02 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, and Nonette Hanko. David Smernoff arrived at 7:10 P.M. Members Absent: Pete Siemens Staff Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John Escobar, and Mike Williams II. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items I and 2. The Board recessed to Closed Session at 5:02 P.M. and the Closed Session commenced at 5:05 P.M. The Board concluded the Closed Session at 6:08 P.M. and the Planning Program Workplan Study Session commenced at 6:15 P.M. The Board concluded the Study Session at 7:20 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. Additional Personnel Present: Deirdre Dolan, Jodi Isaacs, and Gordon Baillie. III. ORAL COMMUNICATIONS -None. IV. SPECIAL ORDER OF THE DAY J. Escobar introduced Gina Moran the most recently hired Open Space Technician. Meeting 98-01 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS January 14, 1998 MINUTES I. ROLL CALL President Mary Davey called the meeting to order at 5:02 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, and Nonette Hanko. David Smernoff arrived at 7:10 P.M. Members Absent: Pete Siemens Staff Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John Escobar, and Mike Williams 11. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items I and 2. The Board recessed to Closed Session at 5:02 P.M. and the Closed Session commenced at 5:05 P.M. The Board concluded the Closed Session at 6:08 P.M. and the Planning Program Workplan Study Session commenced at 6:15 P.M. The Board concluded the Study Session at 7:20 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. Additional Personnel Present: Deirdre Dolan, Jodi Isaacs, and Gordon Baillie. III. ORAL COMMUNICATIONS -None. IV. SPECIAL ORDER OF THE DAY J. Escobar introduced Gina Moran the most recently hired Open Space Technician. Meeting 98-01 Page 2 V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF CONSENT CAL END N. Hanko requested removal of the reply to the written communication from Mr. David Luke. B. Crowder requested removal of the reply to the written communication from Mr. Dan Bernstein. K. Nitz requested removal of agenda item 6, Final Adoption of the Preliminary Use and Management Plan for the Addition of Peninsula Open Space Trust Property to Purisima Creek Redwoods Open Space Preserve. Motion: J. Cyr moved that the Board adopt the Consent Calendar including approval of the minutes of the November 12, 1997 Regular Meeting and the December 10, 1997 Regular and Special Meeting; replies to written communications from Mr. Richard Bourke, P. O. Box 7207, San Jose, CA 95150; and Mr. Bryan McClenahan, <bryan@aspect.com>; agenda Item 1 Resolution 98-01 a Resolution of the Board of Directors of the Midpeninsula Regional Open Spage District of Appreciation for Mr. Sydncy Levin and the Richard and Emmylou Levin Foundation for Their Generous Donation to the District; agenda item 8, Renewal of Controller's Investment Authority and Adoption of Statement of Investment Policy, including adopt of Resolution No 98-02 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting a Statement of Investment Policy and Authorizing the Controller to Invest Surplus Funds Allowed by Government Code; agenda v 1 1 inAgreement item 9, - Noac_k_. Kelly& SSpahnn for Consulting Fee of$1.000 Per Month; and Revised Claims 98-01. K. Nitz seconded the motion. The motion passed 6 to 0. V. WRITTEN COMMUNICATIONS In reference to the written communication to David Luke, N. Hanko said she thought we should have people's mailing addresses so they could be identified as constituents before we answer their inquiries. C. Britton said there will be a procedure workshop at the next meeting of the Board, and the handling of electronic mail is one of the items on the agenda. B. Crowder suggested that Mr. Luke be notified in this letter that no further communications will be answered unless he provides his address. D. Smernoff confirmed that Mr. Luke is a District constituent. In reference to the written communication from Dan Bernstein, B. Crowder suggested adding, "PADS has repeatedly offered to mount an education campaign at its meetings with the Board. However, we understand staff has not experienced assistance from PADS Meeting 98-01 Page 3 during the expanded dog access implementation phase. Due to limited staff resources more active participation from PADS would be welcome." Board members agreed that staff could do more research as to what PADS had promised in the past and rework the letter. VI. BOARD BUSINESS A. Agenda Item No. 2 -Election of Board Officers for 1998 - ftport R-98-01) D. Dolan announced that Board President, Vice-President, Treasurer, and Secretary would be elected in that order. President M. Davey called for nominations for President. N. Hanko nominated B. Crowder. D. Smernoff seconded the nomination. Motion : J. Cyr moved that nominations be closed. N. Hanko seconded the motion. The motion passed 6 to 0. Board members cast their ballots, and D. Dolan announced the election of B. Crowder as President on a vote of 6 in favor. M. Davey called for nominations for Vice-President. M. Davey nominated D. Smernoff. N. Hanko seconded the nomination. Motio J. Cyr moved that nominations be closed. N. Hanko seconded the motion. The motion passed 6 to 0. Board members cast their ballots, and D. Dolan announced the election of D. Smernoff as Vice-President on a vote of 6 in favor. M. Davey called for nominations for Treasurer. B. Crowder nominated K. Nitz. D. Smernoff seconded the nomination. Motion: J. Cyr moved that nominations be closed. D. Smernoff seconded the motion. The motion passed 6 to 0. Board members cast their ballots, and D. Dolan announced the election of K. Nitz as Treasurer on a vote of 6 in favor. M. Davey called for nominations for Secretary. N. Hanko nominated J. Cyr. K. Nitz seconded the nomination. Motion: D. Smernoff moved that nominations be closed. K. Nitz seconded the motion. The motion passed 6 to 0. Meeting 98-01 Page 4 Board members cast their ballots, and D. Dolan announced the election of J. Cyr as Secretary on a vote of 6 in favor. B. Crowder moved to the President's position on the dais and presided for the remainder of the meeting. She thanked M. Davey for her service as President and presented a gift. B. Agenda Item No. 3 - Authorization for the General Manager to Retain an Appraiser to Prepare an Anoraisal of the Zion Half Moon Partnership Property on Highway 35 and Highway 92 in San Mateo County and Authorization for Staff to Initiate Discussion of Potential Purchase of the Proper with the Proper Owner - (Report R-98-09) D. Woods presented the staff report, stressing the importance of the area as headwaters for three major creeks and habitat for endangered and special status species, including the summer steelhead trout. He showed slides taken from the property. M. Williams reported on the cost of the appraisal and related engineering services. C. Britton said the recommendation is for $15,000 and the work would begin right away. D. Woods said to his knowledge no one is living on the property at this time. He said there are deer and other animals including many mountain lions. There are many animals crossing the road in the area of this property. Al Bell, 12130 Skyline Boulevard, Save Skyline Open Space(SSOS), said the Zion property is 100 yards away from his property and there is heavy deer crossing on the road. He had seen a mountain lion. He said SSOS was there to encourage the District to get an appraisal. He described the history of the property as a ranch and said it had been purchased for development. There is a cabin on the property that is run down. Dave Perrone, 316 Ridge, Woodside, CA 94062, SSOS, expressed support for acquisition of the property, or at least appraisal. Jeanne Bell, 12130 Skyline Blvd., Woodside, CA 94062, SSOS, also expressed support for the appraisal. She has ridden horses on the property and described other visitors. Lennie Roberts, 339 La Cuesta, Portola Valley, 94028, Committee for Green Foothills, said this property would be a symbol for the District because it is so spectacular. She said that even with grazing the land is basically undisturbed. The property is headwaters for three major tributaries of Pilarcitos Creek, and there is a major effort to restore areas of the creek. She said it was equally important to have an appraisal of the church property next door because of the trails and Meeting 98-01 Page 5 watershed protection. She described an area on the property where a large house had been approved by the County but not built, and said the site could be used for a trailhead parking lot. She said sooner or later someone will want to develop the property and it would be difficult to do this without being intrusive. She urged the Board to approve the process of obtaining an appraisal. Jessica Agramonte, 12150 Skyline Blvd., SSOS, said she biked and walked on the property and described the wildlife, including foxes and coyotes. She expressed support for the appraisal. In addition, because of her work, she is aware of the fact that lots of open space is not very accessible to disabled people. If there were a parking lot anywhere nearby, it would be fully accessible. C. Britton described how the current situation had come about over the last 20 years, stating that because of limited funds the District had tended to focus on lands that were available or where there is a focus on development. He cited the history of the property area including gifts to POST and the state and acquisition of adjacent property by POST. He said the property is not only undeveloped but very dramatic and unspoiled and this is the opportune time for the District to appraise the property and make some overtures to the owners. N. Hanko said when the District founders considered its original boundaries they placed them just north of this property because they felt it was important to be preserved. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the report; authorize the General Manager to retain an appraiser to prepare an appraisal of the Zion Half Moon Partnership Property in an amount not to exceed $15,000; and authorize staff to discuss possible purchase with owner of the property. N. Hanko seconded the motion. The motion passed 6 to 0. a C. Agenda Item No. 4 - Approval of a Consultant Contract for the Operations Program Review; Authorization for the General Manager to Execute an Agreement for an Amount Not to Exceed $63.538 with the Warner Group and Associated Sub-Contractors to Conduct the Operations Program Review, and Authorization for the Expenditure of a 10% Contingen $6,354) ifNecessary to Accomplish Additional Tasks Identified as a Result of the Initial Work Done on the Review; Authorization for the Board President to Appoint an Ad Hoc Committee to Work with Staff and the Consultant to Oversee the Operations Program Review by the Consultant and Provide Input to the Process; and Decide Whether the Ad Hoc Committee Should be Designated as Compensable or Non- Compensable- (,Report R-98-07) G. Baillie presented the staff report and described the Request For Proposal process. Meeting 98-01 Page 6 J. Escobar said the effort to develop goals and draft the RFP had started in May or June and he thought things were going well. There has been lots of support from staff and he thought the two parties chosen would work well together. J. Cyr said he appreciated the work that had gone into the process and said he thought the Board would get the information they needed. J. Escobar said they are also happy with the price and the bargaining unit is satisfied with what has happened so far. C. Britton agreed that they had made a good selection and said staff would return to the Board with a recommendation regarding the ad hoc committee. He described the activities and timing of the committee and said he assumed there would be a study session. He said the committee could come up with a h information, includin ro progress reports, to recommendation on how to resent the , P g P 8i' P the full Board. G. Baillie answered questions regarding the proposal, and said he did not know of any connections between the contractors and staff. C. Britton said the District is not obliged to follow the consultant's recommendation. S. Schectman said it is a resource and had no binding effect. G. Baillie said he thought they would propose options, not a single course of action. J. Escobar said that in order to save money, during negotiations they had agreed that progress reports would be in outline form instead of formal presentations. Board members were urged to let the President know if they were interested in serving on the committee. Motion: N. Hanko moved that the Board authorize the General Manager to execute the agreement for an amount not to exceed $63,538 with the Warner Group to conduct the Operations Program Review, and further authorize a contingency of$6,354 (10% of the Contract amount), if necessary to accomplish additional tasks identified as a result of the initial work done on the review; authorize the Board President to appoint an ad hoc Board committee at the next Board meeting to work with staff and the consultant to oversee the Operations Program Review by the consultant and provide input to the process; and determine that the ad hoc committee should be designated as compensable. D. Smernoff seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5 -Approval and Establishment of Midpeninsula Regional Open Space District Substance Abuse Policy r(Report R-98-081 C. Britton noted that the revised recommendation was to review and comment on the substance abuse policy with the understanding that staff will return to the Meeting 98-01 Page 7 Board for final approval. Staff has undergone training and they hope to return to the Board for final approval in February. S. Schectman said that federal and state laws require that they have this policy. Union representatives have expressed appreciation for the fact that this strikes a good balance between protecting the public and employees from substance abuse on duty versus respecting rights of privacy of employees. D. Smernoff said he thought they needed to be more specific about periodic screening. He also said he thought the term"substantial damage" should be made more clear. S. Schectman said it is difficult to supply definitions and any policy will vest some discretion in supervisors after training to interpret it. Any decision or discipline imposed as a violation is subject to the grievance procedure. I Escobar stressed that decisions following accidents will not be up an employee but at the discretion of a supervisor. The organization needs to train supervisors to see that discretion is consistent. Discussion followed regarding including an option for blood samples. S. Schectman said staff would look into that. Staff answered questions about random selection of employees for testing and the fact that they can pool with other groups. D. Smernoff said he thought it was important that that information be included in the policy. I Escobar said there will be follow-up training for employees that are covered and they will know how the random process works. S. Schectman said the policy was intended to regulate on-duty conduct, but it could be revised to address social situations. She said staff would clarify paragraph 2 on page 2 regarding who in the District must be notified. She said all employees are provided with information about confidential access to counselors. F. Agenda Item No. 6 -Final Adoption of the Preliminary Use and Management Plan for the Addition of Peninsula Open Space Trust PropeM to Purisima Creek Redwoods Open Space Preserve- (Report R-98-10). D. Woods presented the staff report, adding that trail use had been very low. He showed a diagram describing current and future signs. Motion* I Cyr moved that the Board adopt the Preliminary Use and Management Plan recommendation contained in Report R-97-165, including naming the property as an addition to Purisima Creek Redwoods Open Space Preserve. K. Nitz seconded the motion. Vote: The motion passed 6 to 0. Meeting 98-01 Page 8 G. Agenda Item No. 7 - Appointment of Administration and Budget Committee far 1998 - (Report R-9E-0-21 President B. Crowder appointed M. Davey and J. Cyr in addition to K. Nitz who was automatically on the committee by virtue of being elected treasurer. Motion* N. Hanko moved that the Board approve the appointment of M. Davey, J. Cyr and K. Nitz to the Administration and Budget Committee for 1998. D. Smernoff seconded the motion. The motion carried 6 to 0. VII. INFORMATIONAL REPORTS M. Davey announced there will be a May 15 event honoring Lennie Roberts for 20 years of service on the Committee for Green Foothills. She said she, M. Smith, and C. Britton had visited the offices of Jim Cuneen, Tom Campbell, and Byron Sher and had discussions with them or their staff members regarding the San Mateo Coastal plan. N. Hanko reported that the ad hoc coastal committee expected to report to the Board on February 11 regarding results of the poll. She asked S. Schectman if the court ruling regarding liability of skiers would affect the District's trail users. S. Schectman replied that they would have recourse against the person who injured them in most cases. B. Crowder said there would be a public hearing on the Castle Rock general plan next Friday and she would report back. C. Britton said staff will keep an eye on this and would make comments from staffs standpoint unless the Board wanted to do something official. He said the District tries to work with adjoining agencies to make sure its trail uses are compatible. J. Escobar said the District has a good working relationship with state park staff there and he thought the first round of comment would be better handled by staff. K. Nitz attended the installation of Tom Heuning as President of the San Mateo County Board of Supervisors. He asked whether mushrooms can be collected on District property and was informed that J. Isaacs can be contacted about issuing a no fee permit. C. Britton reported as follows: 1. Picchetti tenants have notified staff that they have a party interested in acquiring the lease. 2. He met with Verl Clausen of the Sempervirens Fund and staff will make a presentation focusing on the Regional Open Space Study. 3. January 23 at 1:15 P.M. is the State of the District address for any Board member who would like to attend. 4. Sen. Boxer has scheduled a Town Hall Meeting on January 17 at Palo Alto High School Theater at 10:30 A.M. 5. In the FYIs there was an update on funding for San Mateo County Parks. 6. There was a letter to Sue Pino on her retirement from the Santa Clara Valley Water District. He mentioned that she had acted as the Secretary for the Special District Association of Santa Clara County for the last 20 years. 7. He described the Governor's proposed wildlife and parks bond act and said there are still lots of questions. Meeting 98-01 Page 9 Valley Water District. He mentioned that she had acted as the Secretary for the Special District Association of Santa Clara County for the last 20 years. 7. He described the Governor's proposed wildlife and parks bond act and said there are still lots of questions. I Escobar announced that Annette Coleman was back at work after family care leave and said they were at full staffing level in Operations. C. Britton said the only staff vacancies District-wide are in Planning, S. Schectman said the Santa Clara Taxpayers Association has petitioned the California Supreme Court to review the open space authority victory in the appeals court. The authority has filed its opposition to the review and expects a decision by March. I Escobar said that during the storm we lost a piece of Purisima Trail along the creekside. C. Britton added that the FEMA projects from two years ago are holding. VIH. ADJOURNMENT At 9:40 P.M. the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 98-01 Meeting 98-01 Date: January 14, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3375 1,049.12 Ace Fire Equipment & Service Co. Fire Extinguisher Service 3376 299.86 Acme & Sons Sanitation Sanitation Services 3377 282.97 ADT Security Services Alarm Services 3378 156.73 Ajax Portable Services Sanitation Services 3379 73.23 Alamo Lighting Light Bulbs 3380 248.76 All Laser Service Laser Cartridge Refills 3381 65.25 Allen Equipment Co. Inc. Equipment Maintenance and Repair 3382 41.67 A T & T Telephone Service 3383 1,217.81 Barron Park Supply Co. Field Supplies 3384 180.00 Blanning & Baker Associates, Inc. Subscription 3385 1,875.00 Louis Bordi General Engineering Road Maintenance--Crazy Pete's Road 3386 71.56 Dick Bruhn, Inc. Uniforms 3387 737.50 Jane Buxton FEMA Project Consultant 3388 230.90 California Water Service Water Service 3389 70.00 Camino Medical Group Medical Services 3390 1,716.00 California Conservation Corps Exotic Plant Removal Assistance 3391 11,985.07 Central Coast Wilds HWY 84 Revegetation Project 3392 286.94 Communication & Control Inc. Mt. Umumhurn P G & E Pump 3393 91.73 Patrick Congdon Reimbursement--Equipment 3394 16.24 Contemporary Engraving Name Plate Engraving 3395 1 R8.27 Continuing Education of the Bar Resource Documents 3396 119.00 Council on Education in Management Subscription 3397 41.04 DFM Associates Resource Documents 3398 4,557.62 Deborah Mills-Design Concepts Graphic Design Contractor 3399 48.37 Federal Express Express Mail Service 3400 48.15 Film To Frame Photo Processing Service 3401 506.89 Foster Brothers Security Systems, Inc. Keys 3402 16.25 Franciscan Glass Company Glass Replacement 3403 45.09 G & K Services Shop Towel Service 3404 143.83 Gardenland Power Equipment Equipment Maintenance and Parts 3405 508.67 Goodyear Auto Service Center Tires 3406 1,210.00 Greenbelt Alliance/GreenInfo Consultant--GIS Data--Patrol Map Book 3407 141.05 GTE Mobilnet Cellular Phone Service 3408 575.62 Guy Plumbing Plumbing--Distel Circle Building 3409 1,589.31 Virg Harkins Signs Signs 3410 668.80 Hoge Fenton Jones & Appel Inc. Legal Services 3411 1,034.51 The Home Depot Field Equipment and Supplies 3412 292.82 Interstate Traffic Control Products Barricades and Signs 3413 3,760.69 Jakaby Engineering Consultant--Fremont Older Parking 3414 1,708.19 Jeda Publications, Inc. Map Printing Services 3415 79.20 Jobs Available Job Announcement Advertisement 3416 47.59 Michael Jurich Reimbursement--Uniforms 3417 83.50 Kaiser Cement Drain Rock 3418 14.04 Kragen Vehicle Parts 3419 44.00 Landscape Architecture Subscription 3420 226.14 Langley Hill Quarry Road Repair Materials 3421 2,489.26 Lanier Worldwide, Inc. Copier Lease and Supplies Page 1 Claims No. 98-01 Meeting 98-01 Date: January 14, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3422 250.00 League of California Cities Subscription 3423 885.25 41 David Lockhart Ferel Pig Study--Consultant 3424 408.00 David Lockhart Ferel Pig Study--Consultant 3425 321.30 Lucent Technologies A T & T Phone Maintenance 3426 27.17 Magnussen Buick-Pontiac-GMC, Inc. Vehicle Parts 3427 301.16 Metro M obileComm u nications Radio Repairs 3428 440.00 Micro Accounting Solutions Computer Consultant Services 3429 141.92 Minton's Lumber & Supply Field Equipment and Parts 3430 45.41 Monogram Sanitation Transport Charges--Restroom Chemical 3431 808.50 Murray & Murray Legal Services 3432 1,646.14 Navarone Mailing Services Winter Newsletter Mailing Services 3433 19.50 Netcom Monthly Internet Services 3434 143.40 Noble Ford Tractor, Inc. Tractor Parts 3435 85.99 Northern Energy Propane Service 3436 1,567.93 Orchard Supply Hardware Field Maintenance Supplies 3437 55.47 Orlandi Trailer, Inc. Equipment Parts 3438 1,409.81 Pacific Bell Telephone Service 3439 1,500-00 Pacific Meridian Resources Appraisal Services 3440 25.00 Palo Alto Utilities Utilities 3441 52.24 Loro Paterson Reimbursement--Vehicle Parts 3442 10.00 Park Rangers Association of California 1998 Directory of Parks 3443 444.53 Peninsula Blueprint, Inc. Printing Services 3444 272.82 PIP Printing Printing of Newsletters 3445 273.74 Pitney Bowes Credit Corp. Postage Meter Lease 3446 29.11 Precision Engravers Name Tags 3447 1,416.98 R & R Designers Enterprise Rental Repairs 3448 786.25 R & S Erection of San Mateo, Inc. Batteries--Fowkes Gate 3449 8.28 R. V. Cloud Co. Field Supplies 3450 14.05 Rancho Hardware Field Supplies 3451 147.89 Rich's Tires Tires 3452 3,288.12 Roy's Repair Service Vehicle Maintenance and Repair 3453 42.22 San Mateo County Times Subscription 3454 498.50 Sequoia Analytical Water and Haz Mat Testing Services 3455 331.79 Shell Oil Fuel 3456 201.29 John Shelton, Inc. Culvert 3457 92.10 Skyline County Water District Water Services 3458 69.17 Steven's Creek Quarry, Inc. Baserock 3459 1,000.00 •2 Stewert Title of CA., Inc. Deposit--Glasspool Property 3460 600.79 Summit Uniforms Uniforms 3461 10,700.74 Sukut Construction, Inc. Skyline Dump Clean up--Hyd roseeding 3462 982.37 Teater & Etc. Graphics and Map Consultant 3463 60.00 Terminix Pest Control Service 3464 523.05 Therma Corp. Heating and Air Conditioning Service 3465 46.17 Vallen Safety Supply Company Lead Testing Kit 3466 1,382.19 *3 VISA Conference Expense, Field Supplies and Office Supplies 3467 28.00 West Coast Aggregates, Inc. Sand 3468 627.18 West Publishing Payment Center Computerized Legal Research Service Page 2 Claims No. 98-01 Meeting 98-01 Date: January 14, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 3469 113.40 Michael Williams Vehicle Expense 3470 300.00 Wilderness Taxidermy Nature Center Exhibits 3471 300.00 Roberta Wolfe Recording Services 3472 63.46 The Workingman's Emporium Uniforms 3473R 33,518.70 Jens Hansen Company Windy Hill Access Improvement Project 3474R 116*30 San Jose Mercury News Recruitment Advertisement 3475R 145.50 Second Cup Business Meeting Expense 3476R 361.86 Petty Cash Local Business Meetings, Office Supplies, Field Supplies, Fun Committee Event, and Printing Expense *1 Urgent Check Issued December 17, 1997. *2 Urgent Check Issued January 6, 1998. •3 Urgent Check Issued December 19, 1997. Total 109,824.98 Page 3 glo MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-23 Meeting 98-03 February 11, 1998 AGENDA ITEM I AGENDA ITEM Initial Report From the Ad Hoc Committee of the Board of Directors on San Mateo County Coastal Preservation AD HOC COMMITTEE'S RECOMMENDATIONS 1. Accept this informational report from the Ad Hoc Committee on San Mateo County Coastal Preservation. 2. Authorize staff and the Ad Hoc Committee to proceed with the recommended actions as contained in this report, which will allow for further research into the feasibility of expanding the District by annexation to establish a system of open space preserves, parks, and beaches on the San Mateo County coast in coordination with existing and planned District preserves and trails. BACKGROUND Last spring, the District received resolutions from the Half Moon Bay City Council, the Pescadero Municipal Advisory Council, and the MidCoast Community Council, as well as a letter and petition from the Coastal Alliance (a grassroots land preservation organization), asking that the District formally begin an active exploration of coastal preservation in San Mateo County. At your meeting of April 9, 1997, you authorized the General Manager to utilize a limited amount of District resources to research possible methods or processes for preserving open space on the San Mateo County coast, and to report findings back to the Board. At the same time, you appointed Directors Crowder, Davey, and Hanko as members of an uncompensated Ad Hoc Committee representing the Board on this issue (see report R-97-63). Undertaking such research was deemed consistent with the District's overall mission and goals. Subsequently, at your meeting of April 23, 1997 you approved a budget of$25,000 for District out- of-pocket expenses to research open space preservation on the San Mateo County coast (see report R-97-74). Staff was directed to utilize that budget to research the feasibility of establishing a system of open space preserves, parks, and beaches on the San Mateo County coast in coordination with existing and planned District preserves and trails. At your meeting of October 8, 1997, you authorized staff to execute a contract with Godbe Research & Analysis to conduct a public opinion survey on this issue, at a cost of$25,717 (see report R-97-144). Celebrate 25 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 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,. �w Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton R-98-23 Page 2 The Ad Hoc Committee has met many times with representatives of the Coastal Alliance and other interested citizens. District staff has met with staff from agencies with an interest in coastal land conservation and has also met, along with members of the Ad Hoc Committee, with a variety of elected officials as well as members of the Coastal Alliance and individuals with an interest in this issue. The public opinion survey was also completed and analyzed. This report summarizes the results of those meetings and the findings of the survey, and proposes recommendations for further action. DISCUSSION Preservation methods and involved agencies As a result of several brainstorming sessions with District staff and the Ad Hoc Committee, and with members of the Coastal Alliance, many issues and questions related to the District's potential role in coastal preservation were identified. A number of methods and approaches to coastside land preservation were also identified, including: I Expanded responsibility for coastside land preservation could be undertaken by a public agency with existing coastside jurisdiction (National Park Service, California State Department of Parks and Recreation, San Mateo County Parks Department); 2. A new special district could be formed; 3. One or more private non-profit land conservation organizations (Peninsula Open Space Trust, Save-the-Redwoods League, Sempervirens Fund, Trust for Public Lands, Nature Conservancy) could assume a high degree of involvement in coastside land acquisition; 4. The State Coastal Conservancy or Coastal Commission could take a higher-profile role in coastside land preservation; 5. The Midpeninsula Regional Open Space District could expand its boundaries to encompass the coastside area. It was agreed that meetings would be scheduled with local elected officials, staff of stakeholder agencies and private non-profit land trusts, and staff and members of the two relevant County Local Agency Formation Commissions. These meetings would help determine other agencies' potential plans for, or roles in, coastal preservation, as well as their perceptions of a possible District expansion to include the San Mateo County coast. District staff subsequently met with staff from Golden Gate National Recreation Area (GGNRA), California Department of Parks and Recreation, San Mateo County Parks Department, California Coastal Conservancy, California Coastal Commission, Nature Conservancy, Peninsula Open Space Trust, Save-the-Redwoods League, and Sempervirens Fund. R-98-23 Page 3 Each of these agencies expressed a high level of interest in coastal preservation, and would encourage and welcome District expansion; however, none appear to be in a position, financially, to take a major role in preservation efforts on the coastside. Some land management assistance might be available from the state or county on a very limited basis. The GGNRA is involved in a land preservation study in the City of Pacifica, which would likely be that agency's southernmost boundary and area of activity. The apparent top priority for State Parks (assuming sufficient funding) is implementation of deferred maintenance projects, followed by adding staff and new facilities, and, finally, consideration of major key acquisitions. San Mateo County Parks is also experiencing funding difficulties, and is not in a position to implement major acquisition projects on the coastside or elsewhere. While supportive of District annexation to the coast, County Parks expressed concern that a funding measure by the District (particularly if it includes the remainder of urbanized San Mateo County) might dilute possible future efforts by County Parks for its own funding measure. Staff of the Coastal Conservancy and the Coastal Commission both expressed strong support for District coastal expansion, as did each of the private non-profit land conservation organizations, some of which indicated they may be able to provide some financial support as well. Members of the Ad Hoc Committee and District staff met with all members of the San Mateo County Board of Supervisors, with Assemblymembers Elaine Alquist, Ted Lempert, and Jim Cunneen, with Senator Byron Sher, with United States Representative Anna Eshoo, with an aide in the office of United States Representative Tom Campbell, with members of the San Mateo County Local Agency Formation Commission (LAFCO), and with the executive director of the Santa Clara County LAFCO. In addition, the Board has held joint meetings with the Santa Clara and San Mateo County Parks Commissions, during which the issue of a possible District expansion to the coast was addressed. In summary, there is general support among local elected officials for the District to at least consider expanding to the coast. Several of these officials suggested a slow,,cautious approach, while others urged action as soon as possible. PUBLIC OPINION POLL An executive summary of the public opinion poll, provided by Godbe Research and Analysis, is attached for your review. The poll was implemented in three geographic areas: the Coastside from just south of the City of Pacifica to the San Mateo/Santa Cruz County line; the Existing District; and North County, the remaining portion of San Mateo County not within the District, exclusive of the coastside. R-98-23 Page 4 District annexation of the coastal area does not legally require a vote of the electorate. However, any funding measure would require a two-thirds majority vote (approximately 67 percent). In general, a public opinion poll should show a significantly higher level of support in order to ensure that the final vote reaches the two-thirds mark. The Godbe Research and Analysis public opinion poll indicates that 93 percent of respondents on the coast, 88 percent of respondents within the District, and 86 percent of respondents in the remainder of San Mateo County feel that preserving open space from west of Skyline Boulevard to the coast is either "very" or "somewhat" important. A total of 63 percent of coastside voters would favor annexation, when no additional funding is requested. Since annexation does not require a vote, this percentage represents a more-than-adequate level of support if an advisory vote is held. Coastside When asked if they would increase taxes to help fund coastside land preservation, 60 percent of coastside respondents said yes. This relatively low level of support is of concern, in that it would be very difficult, although not impossible, to increase that percentage to the necessary two-thirds majority. There was also a 14 percent "don't know" response (the "swing" vote). One objective of any potential campaign would be to convince some portion of these voters to vote yes, thereby increasing the existing level of support. The consultant points out that lowering the prospective annual funding level to below $10 per parcel might have a positive effect on the potential for a successful measure. If a significant number of the "swing" voters were influenced to vote yes, then it is possible that the necessary two-thirds vote could be achieved on the coast. However, it should be noted that the arguments and features which were tested in the poll did not seem to indicate that an adequate number of "swing" voters would be influenced to move to a "yes" vote. Existing District Within the District, the poll indicates a strong support for both annexation to the coast (72 percent) and additional funding (68 percent). With the addition of some portion of the possible "swing" voters (8 percent), a two-thirds majority vote within the District seems feasible, although by no means certain. The $12 per year funding level showed the highest level of support in the District. North County In the remainder of San Mateo County, there is strong support for coastal annexation (72 percent), but minimal support for additional funding (55 percent). The addition of the possible "swing" voters (14 percent) would increase the support, but not to the level necessary to result in a solid two-thirds majority vote. R-98-23 Page 5 The survey consultant concludes that it would be very difficult to pass a funding measure in all three areas, and, in fact, only within the existing District boundaries would there be a reasonable probability of success. The arguments tested do not appear to have a strong enough impact to influence significant numbers of "swing" voters to move to a "yes" vote, although some level of influence would be seen. CONCLUSION The Ad Hoc Committee has discussed a number of scenarios related to a possible annexation and funding measure. One would be to annex the coast with or without an advisory vote prior to a funding measure. In that case the funding measure would include the coast and the existing District. Conversely, annexation could occur after a District funding measure with or without an advisory vote even though the survey indicates a high level of support for annexation. The consultant points out that resources that would be used toward an advisory measure could instead be earmarked for use in preparing a funding measure. An advisory vote in the coastside area alone would not be so costly, however, it would necessitate two separate ballot efforts if a funding measure follows at a subsequent election. Staff and the Ad Hoc Committee have met and discussed these issues with both the survey consultant and representatives of the Coastal Alliance. It is the conclusion of the Ad Hoc Committee that voter approval for a funding measure is feasible within the existing District boundaries and possible on the coast, and that annexation to the coast would be met with more-than-adequate support. However an advisory vote on the coast was felt to be important by some. There does not appear to be sufficient support from the balance of urban San Mateo County to warrant further consideration of a funding measure in that area. II RECOMMENDATIONS The Ad Hoc Committee recommends that the Board authorize staff and the Committee to further research the feasibility of expanding the District to establish a system of open space preserves, parks, and beaches on the San Mateo County coast in coordination with existing and planned District preserves and trails. Specifically, the recommended actions are: 1. Discontinue consideration of annexing the remainder of northern San Mateo County not currently within the District. 2. Schedule two public meetings of the Ad Hoc Committee to be held in the coastside community, at which the Committee will gather input from coastside residents. 3. Further analyze the results of the public opinion poll to determine the likelihood for success of a funding measure within the District, and possibly on the coast. R-98-23 Page 6 4. Proceed with a mailing of the District's 25th Anniversary Newsletter to all coastside residents, accompanied by a cover letter (copy attached) explaining the District's consideration of expansion. 5. Finalize a proposal for specific timing and procedures of annexation, including a determination as to the desirability of holding an advisory election regarding annexation. 6. Continue to pursue grant funding to be utilized for mapping, parcel identification, ballot measure preparation, and additional research. 7. Return to the Board by May 31, 1998 with the results of further investigation, including an outline of the specific tasks that would be necessary to go forward, and their estimated costs. If there is a recommendation to go forward, and grant funds are available, a budget should also be included for approval at that time. If the Board decides to proceed, there are a number of key questions that will need to be discussed and answered when this issue comes before the Board again. Four of these questions are summarized as follows: 1. Should there be an advisory vote for coastal annexation, and if so what area should vote, and what would a campaign strategist advise? 2. Should a funding measure or measures take place, and if so what area(s) should vote, and in what order should annexation and funding measure(s) be implemented? 3. What is the most effective overall timing of annexation and possible funding measures? 4. What are the impacts of the annexation on current District operations? With the Board's approval, the Ad Hoc Committee will conduct research and obtain sufficient information to assist the full Board in answering these and other related questions. Prepared by: C. Britton, General Manager M. Smith, Public Affairs Manager S. Schectman, Legal Counsel Ad Hoc Committee - Directors Davey, Hanko, and Crowder Contact person: C. Britton, General Manager Regional Open ce a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 12, 1998 Dear Coastside Resident: i I am pleased to provide you with a copy of the Midpeninsula Regional Open Space District's special 25th Anniversary newsletter. If you're not familiar with the Open Space District, it may be because most of the coastal area of San Mateo County is not within the District boundaries. However, many of you probably know the District, and may even have visited some of the open space preserves along Skyline Boulevard. We're mailing this newsletter as one way of familiarizing coastside residents with the District. Last year, the District was asked by the Half Moon Bay City Council, the Pescadero Municipal Advisory Council, the MidCoast Community Council, and the Coastal. Alliance to look at possible methods of helping to preserve open space land from Skyline Boulevard to the coast. In addition, a recent poll of coastside residents indicated that 93 percent of those responding feel that preserving open space from Skyline Boulevard to the coast is either very important (66 percent) or somewhat important(27 percent). Since this area is outside the District boundaries, we cannot adequately assist with land preservation efforts without first expanding our jurisdiction to include the coastside. In upcoming months, this possibility will be considered by the District's Board of Directors. Any proposed expansion of the District will be considered only after significant public input and involvement from coastside residents. At this time, the Board has appointed an Ad Hoc Committee to investigate the appropriateness of expanding the District's boundaries as a method of helping to preserve open space on the coast, and to report its findings back to the full Board. The Ad Hoc Committee plans to hold two public meetings on the coastside within the next few months to gather community input regarding whether expansion of the District's boundaries is the appropriate method of preserving coastside land, and how an expansion might be carried out and funded. The first meeting will be held at the Pescadero School Multi-Purpose Room, 620 North St., Pescadero, from 7:30 to 9:30 p.m. on April 16, 1998. The second meeting will be held at the Ted Adcock Community/Senior Center, 535 Kelly Ave., Half Moon Bay, from 7:30 to 9:30 p.m. on April 30, 1998. F 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 February 12, 1997 Coastside Residents Page -2- Mailing you this newsletter is also an opportunity to let you know a little bit about the District and its accomplishments over the last 25 years. We are a public agency formed by the voters in 1972 to preserve a regional greenbelt of public open space lands. District open space preserves provide permanently protected wildlife habitat, natural resources, watershed, and a variety of ecosystems, and are available for low-intensity public recreational use. Protected open space also provides the undeveloped visual backdrop to our communities. Existing agricultural uses are compatible with open space preservation under current District policies. The District boundaries currently extend from San Carlos in the north to Los Gatos in the south, and from the Bay to somewhat west of Skyline Boulevard. Over 42,000 acres of foothill and bayland open space have been preserved in 23 open space preserves. The District's primary revenue source is a small share of the existing property tax collected within the District. The District's open space land is generally kept in a natural condition, developed with only the amenities needed to provide public access for low-intensity recreation such as hiking, bicycling, and horseback riding, as appropriate to the District's primary mission of preserving natural resources and existing agricultural uses. Thank you for this opportunity to familiarize you with the District and inform you of our ongoing research and possible consideration of coastside expansion to promote land preservation. I urge you to become involved, attend one of the upcoming public meetings, and contribute to the decision-making process. The date, time, and location of these meetings will be fully publicized throughout the coastside. In the meantime, if you have questions please feel free to call us at(650) 691-1200 or send an email to mrosd@openspace.org. Sincerely, L. Craig Britton General Manager cc: MROSD Board of Directors Open en S ce P MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-22 Meeting 98-03 February 11, 1998 AGENDA ITEM 2 AGENDA ITEM Proposed Addition of Peninsula Open Space Trust Property to Purisima Creek Redwoods Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS -- 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution accepting the gift of Peninsula Open Space Trust property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Purisima Creek Redwoods Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space. DISCUSSION (see attached man) At your September 12, 1990 meeting you adopted Resolution 90-42, accepting a gift of thirteen parcels (27 lots) in the Redwood Park subdivision from Peninsula Open Space Trust (POST) for inclusion in Purisima Creek Redwoods Open Space Preserve. At your January 27, 1993 meeting you adopted Resolution 93-02, accepting a gift from POST of nine parcels (16 lots), and at your October 25, 1995 meeting you adopted Resolution 95-38, accepting a gift from POST of four additional parcels (12 lots) in the same subdivision. These gifts are a part of POST's ongoing program of soliciting gift parcels in Redwood Park on the District's behalf. The current transactions include twelve additional parcels (22 lots) and are the fourth group of properties to be donated to the District as part of this program. These parcels contain approximately 1.46 acres. The District currently owns approximately 106.32 acres (over 1,500 "lots") of the 200-acre subdivision tract; the remaining portion of the subdivision is privately owned. Most of the privately owned lots are undeveloped, and most of the District-owned lots were received from San Mateo Co}i�. San Mateo County has designated a "park" boundary isolating the Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 • 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-98-22 Page 2 westerly undeveloped 135 acres from the easterly developed 60 acres. This arbitrary boundary line has become the District's demarcation between dedicated and undedicated land, in accordance with our agreement with the County. USE AND MANAGEMENT PLAN Planning Considerations These properties are located in an unincorporated area of San Mateo County, within existing District boundaries. All of these lots are part of the Redwood Park subdivision, generally located within the Kings Mountain area of the Santa Cruz Mountains. The primary access is off of Skyline Boulevard to the west, with Ridge Road along the boundary of this "paper" subdivision. All of these parcels adjoin or are surrounded by existing District lands, and are located in the westerly undeveloped area of the subdivision. As such, these parcels would be in the area considered for dedication as public open space. The parcels received a low to medium rating for suitability as open space in the District's master plan. Preliminary Use and Management Plan Recommendations Dedication: Indicate your intention to dedicate these parcels as public open space. Name: Name the property as an addition to the Purisima Creek Redwoods Open Space Preserve. Signs: Install preserve boundary signs where appropriate. Public Safety Review: There are no known hazards. Site Emphasis Designation: Conservation Management Unit (CMU); limited public access at this time. CEQA Determination It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 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. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. R-98-22 Page 3 Section 15325 exempts transfers of ownership of interests in land in order to preserve 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 Peninsula Open Space Trust (POST) received these parcels as gifts, and is in turn proposing to give them to the District. Since no title insurance has been obtained for past transactions in this area, any title work should be delayed until all, or nearly all, of the lots in the designated area are acquired by the District. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF REAL PROPERTY AND AUTHORIZING EXECUTION OF CERTIFICATE OF ACCEPTANCE WITH RESPECT THERETO (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF PENINSULA OPEN SPACE TRUST) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula.Regional Open Space District does hereby accept, with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by Gift Deed from Peninsula Open Space Trust, a California Public Benefit Corporation, to the Midpeninsula Regional Open Space District. Section Two. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance for said Gift Deed conveying title to the property being donated to the District. Section Three. The General Manager of the District shall cause to be given appropriate notice to the donors of the acceptance of this gift. The General Manager is further authorized to execute any and all other documents necessary to the closing of this transaction. EXHIBIT"A" LEGAL DESCRIPTION All that certain real property located in the unincorporated territory of the County of San Mateo, State of California, described as follows: Lots 16, 17, 27 and 28 in Block 22; Lot 22 in Block 31; all of its interest in Lots 58 and 59 in Block 31; Lots 37, 38 and 39 in Block 38; Lots 1, 2 and 3 in Block 42; Lots 22 and 23 in Block 46; Lots 9 and 10 in Block 50;Lots 5 and 58 in Block 51; Lots 45 and 46 in Block 55; Lot 24 in Block 58; all as shown on that certain map entitled "MAP OF REDWOOD PARK SUBDIVISION NO. 2, SAN MATEO COUNTY, CALIFORNIA," filed in the office of the County recorder of San Mateo County, State of California on December 7, 1908, in Volume 6 of Maps at page 49. APN: 067-092-040 067-097-020 067-106-020 067-113-011 067-118-120 067-122-050 067-131-020 067-135-010 067-135-180 067-138-080 067-153-080 067-153-100 ■ I\ � ■ 1 7■III�■■1� � 1 !� I IL � 11 \ 1 1 1 - ■ ■\■I■1■1■■■1� ■ IHE I I Emil% IN I I 'I M, 1■II I III ► � �I it 1 -. 1 ■■ I ■ r�� �� 1111■■I ■ 1•., „ ', I I �� 1 1 I III I�� �� �■ .11 1 I■� .... Redwood Park Audrey Rust Public Notification List Executive Director Michael Spafford Mailed: 2/6/98 Peninsula Open Space Trust 231 Filbert Road 3000 Sand Hill Road,Bldg.4,#135 Woodside, CA 94062 Menlo Park,CA 94025 Azalia Ferguson Eddie F.Nichols Robert Hansen Marjorie R.Bayard clo Frances Atkins 15836 Pasco Del Campo c/o E.J.Bayard 5643 Wenlock Street San Lorenzo, CA 94580-2306 809 Heather Place Los Angeles,CA 90016-5034 Woodland,CA 95695-6824 Agnes Clavo A.M.Foster 1516 King Avenue c/o Jewell Santoro Napa, CA 94559-1524 1009 Blossom River Way,Apt. 333 San Jose,CA 95123-6320 i 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: SELLER: DMPENINRULA RF.[ MNAL OPEN RUSSIAN COW=OF OUR � SPACE DISTRICT LADY OF VLAD AM ACCE_= FOR RECOMMENDATION: By: Abbess Eugenia, President Michael C. Williams, Real Property Representative Date: APPROVED AS TO FORM: Sue Schectman, District Counsel RECOMMENDF FOR APPROY L.: L. Craig Britton, General Manager APPROVED AND ACCEPTED: President, Board of Directors A1'T",EST: District Clerk Date: w Regional Open S, ice 1 R-98-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-03 February 11, 1998 AGENDA ITEM 3 AGENDA ITEM Proposed Addition of Glasspool Property to Cathedral O Ar of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATION 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 Glasspool property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Glasspool property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached mapl The property being considered for acquisition is located west of Mount Thayer and north of Hooker Gulch. Portions of the Cathedral Oaks Area of Sierra Azul Open Space Preserve lie north, west and south of the property with an isolated portion of Cathedral Oaks adjoining the property to the south. A future trail connecting these two areas could potentially cross along the property. The 20.57-acre property is accessible from Calvillo Road, an unpaved road originating from Weaver Road to the northwest. Private property is located to the west, north and east. The topography is comprised of moderate to steep south-facing slopes that drain into a tributary of Hooker Gulch. Stands of scrub oak are characteristic of the area and give way to mixed forest nestled in deep ravines. The remains of a house burned during the 1985 Lexington fire exist on the property. The burned remains include concrete perimeter foundation, metal remnants, above ground water storage tank, well, underground septic system and utilities. Removing these burned improvements from the site will cost between $5,000 and $10,000. The steel water storage tank can likely be salvaged and used by the District. Restoring and returning this site to open space will help protect the scenic and wildlife values of the Hooker Gulch watershed. -.4 U,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 R-98-24 Page 2 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. The parcel is rated in the District's Open Space Master Plan as having low to moderate composite open space values and is important in terms of wildlife habitat, watershed 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: Do not designate trails or roads for trail use. Dedication: Indicate your intention to withhold the property as public open space at this time. Name: Name the property as an addition to Cathedral. Oaks Area of Sierra Azul Open Space Preserve, Signs: Install private property and preserve boundary signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. Clean up: Building remnants and debris need to be removed in a timely manner. CEQ,A COMPLIANCE Project Description The project consists of the acquisition of a 20.57-acre parcel of land as an addition to Cathedral Oaks 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. CE A Determination R-98-24 Page 3 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. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. 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 The purchase price of$125,000 is payable in cash at the close of escrow. This 20.57-acre parcel constitutes one legal building site. The purchase price is considered to be fair and reasonable based upon current real estate activity in this market area. The property is listed for sale with an asking price of$149,000. BUDGET CONSIDERATIONS 1997/1998 Budget for Land Acquisition New Land $12,700,000 Previous Acquisitions (1,796,295) Glasspool Acquisition proposed on this agenda (125,000) Acquisition Budget Remaining $11778M 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 Cathedral Oaks Area of Sierra Azul Open Space Preserve for protection of watershed, wildlife habitat and scenic backdrop. R-98-24 Page 4 PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above 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 GLASSPOOL) 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 Richard Glasspool and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further 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$125,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably 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 the District. The Board of Directors hereby declares the 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 f' / i- r /. 22 f ' -•J � �T����--"`.-__. �� `•. •--'� �.>:' `1 S 1 ti- ` 1, ( /r , 1 LEXINGTON \ f` 1J f _� %COUNTY (SA23) 1.0 ./ w'•' :: . t{ .r11500 f + •',•#y45� rs _�\ M �' . :.. 2 0 ,•:: J .:. }}:.M•`+::::•}:•}:•>: }::.::::::>::.::..,•::: ,• ice,- ^'� �\ � 2 0 + / ..J.v...�..:::::....:::..Y:..\. :.�::?::w.�wN.,•,.•�•,.,,EF•'::+P'•'f..:n :'� "r+:`vl�'•.•,"„ ::. 4?.:::::.:' :: i::ii:.4}::•... 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LASSPOO , r- ...... lax OneMde .:..:::..................� .........:..... .....:::::::::::: .:• .:;�::.::.}::-:: :.;:;.;i:.>::>::>::>::::.>:.;:.: : 0 ( ��a ) 20.57 AC. .. .. ........................................ . .. ................... :4• ...:.99:.:.:....................... S ..... .:::::.......::.}}:•}:•>: .:::::::::: .:::.:::.............:.::•.v•:::.::..:::::..:::::a EXHIBIT A: PROPERTY LOCATION glspLai 2/03/98 Glasspool Public Notification List Mailed: 2/6/98 William and Lucy V. Cavillo 1307 Alabama Street San Francisco, CA 94110 San Jose Water Works Doyle G. Moeller June S. Merrill c/o Accounting Department 16530 Soda Springs Road 25 Mission Trail 374 W. Santa Clara Street Los Gatos, CA 95030 Woodside, CA 94062 San Jose, CA 95196 Richard Glasspool Jerrold and Bobette Harris c/o Joe Beatty Real Estate 706 Haldane Drive 7172 Anjou Creek Circle Kennett Square, PA 19348 San Jose, CA 95120 I Purchase Agreement Page 10 WE HAVE READ AND UND!j T=AND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM MATTER INCLUDED INTHE "ARBITRATION OF N DISPUTES' PROVISION TO ARBITRATION. SELLER INITIAL BUYER INITIAL 10. Ac=tw . Provided tha this Agreement is executed by Seller and delivered to District on or before January 23, 19989 istnict shall, have until midnight February 25, 1998 to accept and execute this Agreement, and uring said period this instrument shall constitute an in-evocable offer by Seller to sell and conv '' the Property to District for the consideration and under the terms and conditions hereinset folk. 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. PURCHASE AGREEMENT This Agreement is made and entered into by and between Richard Glasspool, a single man, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RF.CTTAI S WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGE NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sal . 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 Twenty and Fifty-Seven Hundredths (20.57) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 558-52-004. Said property being further described in the Legal Description attach ed Preliminary to Preli Title Report number 36254646 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". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be One Hundred Twenty-five Thousand and No/100 Dollars ($125,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. I Purchase Agreement Page 2 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 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 3625446) 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 March 27, 1998; provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit W. (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 One Hundred Twenty-four Thousand and N61100 ($124,000.00) which is the balance of the Purchase Price of$125,000.00 as specified in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 12 of this Agreement. (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. Purchase Agreement Page 3 (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$125,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) 3, 5 and 6 (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 payments pursuant to California Government Code Section 7260 et sM. 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. Purchase Agreement Page 4 (a) Authorily. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. (b) Valid and Binding Aj?=ments. 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 daft 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 Rro=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 because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (b) Rcpresentations and Wa=&s. 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: Purchase Agreement Page 5 (i) The Property is being purchased with the knowledge that it contains the melted remains and metal remnants, including appliances, of a house burned during the 1985 Lexington fire which were buried on the site below the house site. The house site remains also include concrete foundation, underground septic tank, leech lines, well, underground utilities and an above ground water tank. (ii) Except as disclosed in Section 8(b) (i), the Property does not contain any Hazardous Waste or underground storage tanks; (iii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iv) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (v) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (vi) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (viii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Purchase Agreement Page 6 Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. (c) Indemnity. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained herein, or arising from related to or connected with the existence of any hazardous substances of any kind on or in the property, except when any hazardous substance contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 9. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256), and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights seller may have to the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections. 10. Removal_ of Trash- Debris and Garbage. It is understood and agreed that located on the open flat area approximately one hundred feet westerly of the original house site and along the access road (Calvillo Road) of the Property being acquired by District are recently dumped trash, debris and garbage piles. Seller agrees to remove these debris piles from the Property on or before the closing and leave the Property in a neat and clean condition excluding the items specified in Section 8(b)(i). It is further agreed that from the amount payable under Section 2 of this agreement, Escrow Holder is authorized to withhold the sum of One Thousand Dollars ($1,000.00) to cover District's costs of removing said items in the event Seller fails to perform or to leave the premises in a clean and respectable condition on or before close of escrow. Escrow Holder shall release said $1,000.00 to Seller at any time Seller completes the clean-up and removal to District's satisfaction, which satisfaction shall be expressed in writing. If Seller does not complete such clean-up and removal, District shall give Seller notice of any deficiency (to be corrected within ten (10) days). If Seller does not complete the removals and clean-up within the said ten (10) days, District shall have the same Purchase Agreement Page 7 completed and recover such expenses from the $1,000.00 so withheld. The remaining balance, if any, shall be released by Escrow Holder to Seller upon written notice from District. 11. Miscellaneous Provisions. (a) Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. (b) Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. (c) Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. (d) Rights tm lative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. (e) Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such and shall be deemed to have been validly served given or all be in writing � gl communicationsh g Y 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: Purchase Agreement Page 8 Seller: Richard Glasspool c/o Joe Beatty Real Estate (Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (408) 268-4062 FAX (408) 927-0225 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 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) Severability. 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) Wai . 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 Purchase Agreement Page 9 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 Agr m n . 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. (j) Time of Fs_en . Time is of the essence of each provision of this Agreement in which time is an element. (k) Survival_ of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. (1) Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. (m) Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. (n) B'n i g on Successors and Msigs. 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 Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, claiming thro ugh,h und er or reason of the conduct of agent or finder, licensed or otherwise, g g , y Seller in connection with this transaction. (p) Q11tinns. 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. Purchase Agreement Page 10 (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 Dip es. 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 party's claim, each party shall appoint one arbitrator, notifying the other party of the appointment when made; (n) 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 costs of arbitration. However, each party shall pay for their own attorney's fees. NOTICE: BY INI7CIALING 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 l 4* Purchase Agreement Page 11 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 DISPUTES" PROVISION TO NEUTRAL ARBITRATION. SELLER INITIALQ� BUYER INITIAL)NkCLj ---- owl%)� 12. Ac=tance. Provided that this Agreement is executed by Seller and delivered to District on or before January 9, 1998, District shall have until midnight February 11, 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. /1/ x, Purchase Agreement Page 12 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: SELLER: MIDP .NINSULA REGIONAL OPEN SPACE DISTRICT Richard Glasspool ACCEPTED FOR RECOMMENDATION Date: 9 O Michael C. Williams, Real Property Representative APPROVED AS TO FORM: Sue Schectman, District Co sel L. B tton General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: PROPFPTY AnngEcS f E .;I,nee•.nE. vacant Land S ,.RT TITLE: OF CAT.TFnRlTTA_ tg • � Cherry Avenue--ti 4991-A Cher - San Jos*, CA 95118 (408) 267-8811/Fax(408) 266-42i Sanctity of Contract Contact: LAURA HIGGINS r=WAor rin Yr rA"finaAllA jat ft 41011011+swiry INVv. ► REi_MWARY REYUR T l cu t ♦.I _ !.. L.. ISSiilc iwc iiSo ul. MOLE` B!t'kTTV II'1:•I1! *!"Q'ha+�•�!• _ n�bV ��.� n.�..i.... v.. ���C w r• - •rw..ri M•i.►�i♦,+y V•'a.�L a. vi.uvL a�v• .,va a7eV4� 7772 MjOtt Ctowtrtr r-It) Y,- 4AN .TntZTi' ra 95120 Anne C_.azv LkRc4k ' Telaphano Na. (40a) 268-4062 Tit-la nff;e%Av-; v.._ti.en _T• Pi^__gin In response to the obove referenced application for a policy of title insurance, Stewart Title Of California, Inc. t�rebyy reports that is prepared to issue, or Cause to be issued. as of the date hereof a Policy 'sir Polic ds, '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.`ndt,shpwn orreferred to as an Exception in Schedule B or not excluded from coverage pursuatmt to the printed Schedules, Conditions, and Stipulations of said Policy forms, The printed Ekr,"pnpn5 and Exclusions from the coverage of said Policy or Policies are set c,r u, i,i ti�c a tcac. av ,iai, pies of the Policy forms should be read. They are available from Il"lo viiit C willt,i, ►`J2-itJCt7 it tits tuporI.. P;caJa rQPd A qw.•a ►�vtta.;i�r tvwit Orieierred to below and the exceptions and exclusions M � �•+ t+• sw aWs utter eetTIJUte%suctuttye i he exceptions and exclusions are meant to F���nr1a •,Y+, 'f1�,. ., x:>.. ..t:..-.as.- a.r_+_ a1IC IIOt: C�YCr@O under R+y,,; t�YR.M1r' vt t„o r.,e;a w.►,�tt the terms of the title inaFirMnCe'n r Mth+t..t...wlR i. �.tt.. e. « �� t+«,v..vv.w tvc i•Qi�,a,u� 4Vr'tSFuaetets�. It is iY1in11Y}Ant! *A IM1ti�la Nfat Hti!'.wsti..n ir,n..• ..t t., a «e.a_� —. e.........,rtw.� :vj+vt IL law iw ta c-P westunt � tuseniaiian as to the condition of ttirr� A h, i;z ►,�+r:st ail t;e;;c .t..s-6- ari@ an, @Pt4utnuea/tl':W--- C�i g iie to the land. «v.evwt a,tw /� ii THIS REPORT (AN&'ANY.$t)PPLEMFK1TC nR AQA=KrnAAckiTS ucoc,-O/ lS $S^UceD PGr2 THE PURPOSE O:'IFAr,ILITATING TNF 1$Ct Ia Rtl_`E 0 "j F e PO L•"�my 0�a TM c r .t I�t� IIVJVr\MIYt,iE AND NO LIABILITY-AS IS A99UMED HFRFRY. IF IT Ig nGclgcD YuAT I tAutll',%r ol= ASSUMED PRIOR:TC? :TEiB ISSUANCE OF A pO1LIr.y rZ TlT1 >= I S IDA�Irc A S,l fteD`R ^^r% COMMITMENT SHOULD BE'REQUESTED. CLTA PRELMINARY Rr:PMT((=HbCfivt 1.1.45) 10 'd SZZ0LZ680b r��ag RJD', SCHEDULE A Order No.: 36254646 Dated as Of : tray 20, 190 at 7 :30 A.M. Tiic wi�:� of jri+iia', iwo—iir*iilat-w icy Chia rep 7ri iz: 1} Cali iv=Al LrA[ici t.11 le Association Standard Coverage Policy - 1990 T'he estate or intaraif in tha,t-ind herainMq�s de-s-c-ibed wr:'Il..Wd w�.,...�..d i...�a.t� J vw w�o.vu b Urr!ic�arr♦ii. Title to said estate or IRterast of the date hereof Is wasted In: RTCNAAII f:T,lllCl;t>[?#1T.; A ST1Sl:1.F ii+t3tq The land referred to in this r000it its situated in the State of California,County of Santa Clara, in tlnincorpora tt� Aae:ai and Is desodbed as follows: SEE --LEGAL 1DESCRTSTT0W- ATTACUIrM CLTA PRELUMARY REPORT JMiiV.:t.i- . ' * EXHIBIT—P Wage _ of Z0 'd SZZ04Z6806 RJ00 v v EXHIBIT "A" LEGAL DESCRIPTION order No.: 36254646 The land referred. to- ' rein is situated in the state of California, County of -Santa CJ.L�ral • Unincorporated Area described as follows: ieszcCi u, as nsaown .on that certain Parcel Map recorded Nov. 22, 1978 is ovv;t 430, ;[a+igo .*5 Gi KzLps•, Records of Santa tiara County, _ 74 rf It C C O C 11 f%^ lfiCp 770�.�.L-UU3�U� ST FWA QT TITLE f'_......,u www } EXHIBIT /4 E0 -d szzeLzbseb >1-aa R.Ano Page o � . Order No. 36' -%444; SCHEDULE B At the date hoof,_exceptions to coverage in addition to the printed excentions and exclusions Ire a P60cy of Title Insurance are as follows: I. General and Special City and/or County taxes, including any assesametit$' collected with taxes, to be levied for the fiscal year 1'997-199L8 which are a lien not yet payable. 2 . The 1.3en OT. a�uPplemental taxes, if any, assessed pursuant to the provisious> o't Chapter 3.5 (commencing with Section 75) of the Kevenue' and Taxation Code of the state of California. 3 . F:asame;ic fo'r.- aivpe purposes, 20 feet wide lying contiguous to v�.il.ci e'e�Eeai, as bnown on tine filed ?ridp herein referred to. MU K , au C1C . rxl o "_ vu 1.ur CaLC:�j ?dap Of said 14a.0 jCi }1a LV{.®1Mr¢Y I- 55. E.:n..""...v F + i v, •.�..'+ .~.:':� ova,�+v4v oarvi u ✓v+vW r igh ra l'C l_X 11tA1 in a To/CZrazn;4v, r l �rr.^r•i�t► CF C==}� r�.�r�. OS '+-.". vi 4y a%►.-rives 9V-Vim•[.. . pnrnnaP Tn_ !PLQ. and eeTro.raa; nigh is ,r; 7 i a; saRitarV gA�G1�rRf VAtPT P7`S 1inea and street Recorded •,Nov e�beir 22, 197Q In 8n�k F1.�4 at cage 310 . , of Official Records. Affects 'That portiob of the premisea lying within Co i..; li o '• Road 6 . Matters whi'Ch I*ayL be disclosed by an inspection or by a survey of said land that is gati,sfactory to this Company, or by inquiry of '-the :parties ;n possession thereof. 1. General an* speicial taxes for the fiscal year 1996/1997 have been pa.id, -including personal property taxes, if any. IaL instaiyn�ant $717.10 2LILL 4ILL"LAL11m4ant r �7.t'1.10 aaacac .aeav$ „g.cjj uv COnveyaneee of said land recorded within 24 prior tv thtt dates of this report. Mone . a„ vu�waa lu Grt16 report wiII cause the company to A.vrm iuu to the ALTA Loan 4 . There ia ' loenaf A n„ aaia 14. r - .4..w.a. aasuu 5. SHORT TTRM kA`!'g: NONE 6 . CALIFORNIA "'d=) FVNDSN LAW (`nnh i nngi on ^==t -1- - piayc SCHEDULE B CLTA PRELIMINARY REPbRI STEWAR_T TITLE - .. ___ r ERM- 9 l ' Ve I SZZOLZ6800 I a aADD Page Qs' SCHEDULE ^SR r C'WrTMrvr,: e Order No. 3625464A NOTE (Continued) : Effective Janit3ry 1, 1990 . Calif6"ija Tr%ativ-.,_e 12413 . 1 Cbtsrptex 5-98, Statutes of 1.9R91 nrn}tfh^fa � till` insurance Comp4ny', Controlled escrow comnany; title company. from digburainq funds from an escrnw n - sub-eacrovr accouxt, lexcept for funds deposited by wTRF. TRANSFER, $LECTRONIC PAYMENT OR CASH) until ,the day those funtlq are made ava*I*ble to the depositor pursuant to part 229 of Title 12 br- they Code of Federal Regulations, (REr3.CC) . Items such as CAs"Iwjj,S CERTIFIED OR TELLER'S CHECK may be available for disburessaent on the business day following the business day Of depoei,t", however, other forms of deposits may Cause extended delays in olQsing the escrow or sub-escrow. 7 . J4Cwglt Tit 6 California, Inc. will not be reaponaihIe for aa.�i uwio oar,, ii1f.1R%lt�si: v7 .oCnl'r Cn&rgea resulting from Compliance i ♦..uv Vt4o✓u<,�p¢y{tCaa4 LCxisLzI Lion9 imposed by Stare Law. _2 E XHIBIT Page of, 90 'd SZZOLZ680D Vf COYh TT •S1t130R• •SAAITR CLARa COYMtT, "a VORw'R 5513 old tti -Rt• P. H 130 , t t ' M • 45 w __:�3 ... 21.64 AC.64. 20.OtkC. *99AC 1 1 I I too' D1 17 12 3c } I i 1 rl,f. irP.w n /0 1 � 1 1 s-�• �� I Nc. 1 I . . 1 y 1 41 >a IQi1C[ l0 = fMa rlr av a wa�or w lallNT m trr IRPa w MM NCB.JT II bl *■GAM Wei Im MIT hlMp"SO OW1#09 M INS AILS SIM K al 1., CCUNt%WATT M tat run aR ftmU O,TRIIaM. • RTtwr INU or G1WwTlu.umbe so uloarr•MR a a-"I MAWIVA/Fr 4UM"I Trl^=, 0 Regional Open S. ice g P 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-26 Meeting 98-03 February 11, 1998 AGENDA ITEM 4 AGENDA ITEM Authorization to Apply for a Santa Clara County Hist oject Grant for the Seismic Upgrade of the Winery Building at Picchetti Ranch rea Monte ello Open Space Preserve ND GENERAL MANAGER'S RECOMME I Adopt the attached resolution approving the application for a Santa Clara only Historical Project grant for seismic upgrade of the Winery Building at the Picchetti Ranch Area. DISCUSSION The Santa Clara County Historical Heritage Commission is accepting grant applications under its Historical Project funding program. Approximately $100,000 is available county-wide. Eligible projects must be in a county park, or in a park within the geographical limits of the county, and be open to all county residents on an equal basis. Projects must also promote and encourage the appreciation, recognition, and preservation of cultural, historical, archeological, and natural resources in Santa Clara County. Previous grants under this program were used to assist with the restoration of the historic home at Fremont Older Open Space Preserve, fermentation and Homestead House at Picchetti Ranch Area, and Grant House at Rancho San Antonio Open Space Preserve. The Winery is one of the most significant structures within the complex of buildings at the Picchetti Ranch Area. Picchetti Ranch is one of the few remaining historically significant wineries in the Santa Clara Valley and is listed in the Santa Clara County Heritage Resource Inventory and the National Register of Historic Places. It is an excellent example of a family operated ranch and winery of the type prevalent in the valley at the turn of the century. Constructed in 1896, the Winery is the central building at Picchetti Ranch, both historically and at present. It is unique among the buildings because of its masonry construction, a distinction made more interesting by the use of stone for the foundation and brick for the upper portion of the building. Because it is now used for wine sales and, until recently for wine tasting, it is the most visited building on the property, even though it is not the oldest. The Winery was renovated and upgraded in the 1980's and included construction of a plywood roof diaphragm which enables the roof to resist and carry lateral forces. The public is currently not allowed in the building due to code inadequacies relating to potential seismic problems. The current code requirements resulted from building failures during the 1989 Loma Prieta earthquake, wh' h occurred after renovation of the winery. T•�k4�.U�.nw��.QaC S.d�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 • Genera!Manager:L.Craig Britton R-98-26 Page 2 The work proposed for this grant application would address seismic and related building code issues only. The County of Santa Clara has adopted an unreinforced masonry building upgrade ordinance, as required by State law. The ordinance classifies existing unreinforced masonry buildings according to their risk and nature of their use. Analysis of the building under the County ordinance indicates that three upgrades will be required if the building is to meet code requirements and have a better chance of surviving future earthquakes. First, the roof and walls must be tied correctly to the floor with anchors and blocking. Secondly, the roof and floors must be upgraded with blocking so they can better act as diaphragms which carry and resist lateral forces. Thirdly, the brick walls on the short ends of the building must be tied to the roof above by a new wood shear wall constructed on the face of the gable-end walls. The estimated cost of the project is $115,000 which includes $20,000 for plans and permits and $95,000 for construction. Plans for the project would be developed by a consultant specializing in historic preservation. In this grant application, the District is requesting $20,000 to prepare plans and obtain permits. The grant application deadline is February 13, 1998. A second grant will be submitted to the Santa Clara County Historical Heritage Commission in November 1998 for the construction costs currently estimated at $95,000. Prepared by: Del Woods, Senior Administrative Specialist Contact person: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SANTA CLARA COUNTY HISTORICAL PROJECT FUNDING PROGRAM FOR THE FOLLOWING PROJECT: HISTORIC WINERY SEISMIC UPGRADE WHEREAS, the County of Santa Clara provides grant funds for projects that promote and encourage the appreciation, recognition, and preservation of cultural, historical, archaeological, and natural resources in Santa Clara County; and WHEREAS, Midpeninsula Regional Open Space District assures that the proposed historic preservation project is located within the county, is open to all county residents on an equal basis, and that the property is dedicated as public open space in perpetuity; and WHEREAS, if the grant is awarded, Midpeninsula Regional Open Space District will enter into an agreement with the County of Santa Clara for implementation of the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application under the Historical Project Funding program for the Historic Winery Seismic Upgrade project; and 2. Certifies that the District is able to comply with the provisions of the Historical Project Agreement; and 3. Certifies that the District will have sufficient funds to operate and maintain the project; and 4. Appoints the general manager as agent of the District to conduct all negotiations, and execute and submit all documents which may be necessary for the application and, if approved, completion of the aforementioned project. Regional Open 5. .ce R-98-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-03 February 11, 1998 AGENDA ITEM _5 AGENDA ITEM Annual Progress Report on the Use of Radar on District GENERAL MANAGER'S RECOMMEND�� Accept this report on the Radar Program. DIS , TSSION At your December 14, 1994 meeting you approved the regular program for use of radar by District rangers and directed staff to report annually on the use of radar. During the last three yeas rangers ers have used radar to continue to raise visitor awareness and to enforce the District's trail use speed limit. Radar Program Data The data contained in the table below represents the total use of radar by rangers over the last three years. Over the period represented, the number of equestrians recorded by radar was less than 1% of the total readings taken. None have been in excess of the District's trail use speed limit so they were not included in the table. Radar Readings for Bicyclists. CATEGORIES 1995 % 1996 % 1997 % 1. Staff Hours 183 280 364 2. Speed s 15 mph 950 73% 1,798 71% 2,697 73% 3. Speed > 15 mph 349 27% 732 29% 999 27% T fall Readings r _ 1,299 i 100°l0 2,530 r _100% 3,696 100%n 4. Speed 16-20 mph 248 19% 553 22% 758 20% 5. Speed 21-25 mph 82 6% 149 6% 214 6% 6. Speed 26-30 mph 16 1% 23 1% 25 1% 7. Speed > 30 mph 3 0.23% 7 0.27% 2 0.05% 8. Citations 22 53 57 t�•�U/,�k�x�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@openspace.org « Web site:www.openspace.org Board of Directors:Pete Siemens,Ma C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Bets Crowder,Ken Mary y y y Kenneth C.Nitz ^ Genera!Manager.L.Craig Britton R-98-18 Page 2 Finding I The majority of bicyclists using District trails adhere to the trail use speed limit. However, close to 30% of the riders observed exceed the trail use speed limit of 15 miles per hour. 2. The ratio of trail use speed limit violators over the last four years has stayed constant at just below 30% of the riders. 3. The radar program continues to provide opportunities for rangers to make contact with preserve users regarding safety and multiple use of the District's trails. Conclusions Since 1994 staff has been working towards the goal of providing 300 hours of radar use per year and has exceeded that goal in 1997. Violations and citations increased over the first three years, and leveled off in 1997. Staff feels the earlier statistics reflect increasing bicycle use combined with a lack of knowledge about the District's trail use speed limit. The percentage of violations and citations may be leveling off due to the education and enforcement work of District rangers. Staff believes that the use of radar is an effective method of increasing public awareness about safe trail use. It is an objective method of determining a trail user's speed and increases the frequency of informational contacts. It is also staff's experience that trail use speed limits are better complied with by bicyclists when they become aware that rangers are on a preserve using radar and enforcing the trail use speed limit. The percentage of speed violations is most likely greater when the radar is not being operated on a preserve. Prepared by: David Sanguinetti, Area Superintendent Gordon Baillie, Operations Analyst Contact: John Escobar, Operations Manager Regional Opera Sk lee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-05 Meeting 98-03 February 11, 1998 AGENDA ITEM 6_ AGENDA ITEM Field Enforcement Activity for 1997 and Seven Year Su m GENERAL MANAGER'S RECOMMENDADO Accept the 1997 Miscellaneous Enforcement Activity Summary and the Seven-Year Field Activity Summary. BACKGROUND Since April 1995, staff has given the Board written monthly reports on emergency incidents and enforcement activities on District land. At the end of each year you have been given a summary for that year as well as a comparison with previous years. DISCUSSION Two summaries are presented for your review. The 1997 Miscellaneous Enforcement Activity Summary (Appendix A) and the Seven-Year Field Activity Summary (Appendix B), with highlights represented in graph form (Appendicies C and D). The Miscellaneous Enforcement Activity Summary lists, in chronological order for the past year, contacts made or reports taken by staff of potentially serious, violent, or other criminal activity on or near District land. Only contacts that resulted in some form of written record, such as a District incident report, written warning, citation, or mutual aid assistance report, have been included in these summaries. General assistance to preserve visitors, informational contacts, and verbal warnings have not been included. The Seven-Year Field Activity Summary has been expanded to include emergency response, criminal activity, and mutual aid incidents. Staff continues to modify the format of the summary and the methods of collecting and compiling data. Several categories within the summary have been converted into two or more categories to accommodate the collection of more detailed data. Blank boxes appear in categories for past years of the summary where counts were not actually tallied. The total number of violations has decreased slightly this year. One year's data is insufficient to indicate if this is a change in the trend, which has shown an increase each year for the last six years. u4c a".or•14 Uku szotc! 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: tors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz « General Manager L.Craig Britton R-98-05 Page 2 The following trends and issues are noted. 1. Recorded violations of District Land Use Regulations decreased approximately 9.6% from last year. 2. Recorded bicycle violations have decreased from 585 in 1996 to 531 in 1997. This is a decrease of 9.23%. Speed and helmet rules were still being implemented in 1994, which included a much greater use of unrecorded verbal warnings by ranger staff. This is the third full year of general enforcement of regulations related to bicycling. Mountain bicycling continues to grow in popularity, and staff feel that the decrease in bicycle violations could be the result of various factors including more hours of staff time spent on education. 3. The total number of weapon-related incidents has decreased. The "weapons report" category now includes all evidence of firearm use on District land in which no contact is made with a violator, such as vandalism to District property, reports of hearing gunshots near District lands, finding spent shell casings or weapons, or reports of subjects with firearms that are not actually contacted. Acts of vandalism with a firearm are also recorded in the "vandalism" category. 4. The number of written warnings exceeded citations for the first time in the seven year period. This suggests a greater use of the educational approach to enforcement by District staff. Prepared by: Gordon Baillie, Operations Analyst Contact Person: John Escobar, Operations Manager R-98-05 Page 3 1997 Miscellaneous Enforcement Activities APPENDIX A KEY- CP County Park OS off District lands PAPD Palo Alto Police SO Sheriff's Office CHP Ca. Highway Patrol LAPD Los Altos Police CDF Ca. Dept. Forestry EPAPD East Palo Alto Police Date Nature of Incident Outcome Rangers Law Enf. present assistance Jan. 7 Suicidal Subject Mental Health Hold 1 2 20 Mentally Unstable Subject/Unlicensed Arrest 1 1 Driver 26 Dog off leash/resisting arrest Citation 1 0 Feb. 8 Outstanding warrants/Bicycle Prohibited Citation I Notified 21 Theft of District property Investigation 1 0 March 13 Assault & Battery on a Peace Officer Citation 1 1 April 5 Human remains Found Report - SCSO 2 2 7 Drug possession/Misdemeanor warrants Arrest - SCSO 2 1 16 Assault, Kidnapping, Robbery Report - EPAPD 2 1 23 Stolen vehicle found Vehicle recovered - SCSO I I May I Mutual aid - assist County ranger with Arrest 1 1 physically confrontational suspect (OS) 9 Assault Report 1 0 18 Furnishing alcohol to minors Citations 1 0 21 Witnessed auto burglaries (OS) Arrests 2 2 21 Mutual aid- Assault & Battery (OS) Referred to D.A. 2 3 23 Search for missing person Not Found 5 30+ 26 Cultivation of marijuana (57 plants) Destroyed- SCSO 3 1 June 13 Resisting arrest - Dogs off leash Subject fled 1 0 20 Breaking & Entering Report 1 0 23 Mutual aid - Witness to physical domestic Handled by SCSO 1 3 dispute (OS) 29 Indecent exposure Report 1 0 R-98-05 Page 4 July 3 Search for suicidal person Body Found 7 2 5 Cultivation of marijuana (60 plants) Destroyed - SCSO 2 1 8 Mutual aid - car jacking Report - SCSO 1 4 17 Mutual aid - Vehicle w/ associated warrants Report - SC Rangers, 1 3 (OS) SCSO Aug. 6 Indecent exposure Report - SCSO 1 0 16 Mutual aid - shots fired Report - SCSO 1 3 30 Mutual aid - Grand theft (tractor) (OS) Vehicle recovered 2 1 Sept. 3 Cultivation of marijuana (3,000 plants) Arrest/plants removed 3 5 24 Cultivation of marijuana (1,000 plants) Plants removed 3 5 Oct. 12 Mutual aid - Domestic dispute (OS) Investigation SCSO 1 2 Nov. 8 Shots fired - shotgun pellets fell near Parent contacted at nearby 3 4 ranger residence 13 High risk search/suicide Body recovered - SCSO 3 30 28 Firearms prohibited (paint ball guns) Citations 1 0 Dec. 30 Firearms prohibited (paint ball guns) Report 1 0 Staff received reports of 7 auto burglaries in 1997. R-98-05 APPENDIX B Page 5 SEVEN YEAR FIELD ACTIVITY SUMMARY 1991 1992 1993 1994 1995 1996 1997 A.VIOLATIONS 1 11 I Bike-closed area 120 172 197 154 125 149 112 2.Bike-speed 43 101 149 112 3.Bike-helmet 203 255 287 263 4.Bike-night riding 44 5.Bike-Unsafe Operation 13 6.Dogs-prohibited 21 31 58 58 62 63 72 7.Dogs-oft'leash 33 82 92 76 67 81 101 8.Off road vechicle 41 39 26 20 15 16 11 9.Closed area 176 252 286 262 9 38 30 10.After hours 127 194 148 1 I.Fishing 0 0 2 6 6 5 6- 12.Vandalism 14 13 27 19 28 26 20 13.Parking 119 180 173 114 173 192 154 14.Parking after hrs. 225 182 228 15.Dump/littcr 13 11 11 18 15 7 9 16.Campfires 18 18 7 12 9 6 4 17.Carnping 10 19 22 19 6 5 4 18.Weapon contact 12 26 10 16 7 5 4 19,Wcapon report 26 15 3 20.Othcr 127 54 59 121 11 90 33 Total 704 897 970 1,141 1,267 1,510 1,365 B.ACCIDENTS/FIRE I.Bicycle 24 46 41 41 57 52 47 2.Equestrian 5 4 3 5 6 7 13 3.Hiking/Running 27 11 18 19 19 14 22 4.Other first aid 13 14 11 5.Search&rescue 13 6 11 6.Vehicle 7 THelicopter landings 8 8.Fire(-acres) I(<I) 3(<I) 5(6) 4(1) 3(13) 3(3/4+) 3(1) Total 57 64 67 69 108 93 122 C.ENFORCEMENT LCitations 373 445 463 430 654 716 629 2,Written warnings 199 255 1 236 429 468 695 655 3 Arrests 7 8 7 6 1 3 2 T, 4,Policc assistance 32 22 36 Total 579 708 706 865 1,157 1,435 1,324 D.CRIMES I.Auto burglaries 32 23 8 7 2.FaIsc information 7 11 13 3.Resisting Peace Officer 1 3 9 9 4.Assault 1 0 3 5.Poaching 3 2 2 6.Possession/Cultivation-Marijuana 9 7.Minor in possession of Alcohol 23 8.Other 15 16 Total 0 0 0 32 1 37 45 82 E.MUTUAL AID I.Accidents 12 18 26 54 28 26 36 2.Enforcement 11 28 29 3.Firc(-acres) 2(2) 4(48) 3(1+) 2(10+) 4(5) 5(2+) 8(28) 4,Helicopter landings 2 11 11 5.Othcr 4 Total 14 22 29 56 -45 R-98-05 APPENDIX C Page 6 District Enforcement Activities Seven Year History 1600 1400 -- 1200 --- 1000 c d 'w 800 --- -- a a� z 600 — 400 200 0 1991 1992 1993 1994 1995 1996 1997 Bicycle Violations Written Warnings W Citations —Total Violations R-98-05 APPENDIX D Page 7 Accidents By User Type 60 50 40 _ m �= Q 30 6 20 10 0 � 1991 1992 1993 1994 1995 1996 1997 p Equestrian ®Hiking/Running ❑Bicycle � Claims No. @8-O3 Meeting 98-04 � Date: February 11. 1Gg8 � Revised � K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT ~ Description | Amount ''-'- 3555 525.00 Aaron's Septic Tank Service Sanitation Services 3E56 12G'GD ADT Security Services Alarm Service | | 3557 186.76 AJAX Portable Service RamtxoonmRental 3558 163.71 Alamo Lighting Light Bulbs � | 181 355S 48 All Fax Machine Maintenance | ' � ' 3560 159.00 AK8A| Sonninans Seminar--B. Congdon � | 3561 141.80 ArtechLenninating Lamination Sheets � | 3502 75.00 Ambmstemt, Inc. Asbestos Testing 3503 20.68 AT6kT Telephone Service � 3564 156.19 Bay Muff|ar Muffler Repair | 3565 130.00 Berry's Peat Control Pest Control Service 3586 18.24 C 8^ J Cartridges Cartridge Refills � 3567 61.70 Cab�|e'o Uniform Supplies � ' | 3568 53.86 Cal-Line Equipment Inc. Chipper Parts 3568 69.99 California Water Service Company Water Service | 3570 80.05 C|erk'oAuto Parts &^ Machine Inc. Vehicle Battery / 3571 640.28 Communications 8, Control Mt. Urnunhurn P G 8, E Pump | | 3572 377.00 °1 Patrick Congdon Rainnburoennent-Pesticide C|mam / 3573 1.62 Contemporary Engraving Name Tag Engraving' | 3574 895.00 Continuing Education of the Bar Classes--D. Blackman � 3575 155.73 Cootoo Kitchen and Sanitary Supplies 3576 5,191.62 Dillingham Associates Landscape Architects B Corte Oo k8odorm Parking Lot Project | | 3577 411.23 Deirdre Dolan Reimbursement--Conference Expenses 3578 89.84 DynoK8od Medical Supplies | 3578 108.01 EMED Company, Inc. Safety Equipment | � 3580 54.75 Federal Express Corporation Express Mail � 3581 83.27 H|nn To Frame Photo Reproduction Services | � 3582 48.85 G & K Services Shop Towel Service � 3583 10.87 Gordon|and Power Equipment Ch�insavv Part | � . / 3584 37.50 Greenbelt Alliance Patrol Map Book Samples � 3585 110.00 GnuanVVamte Recovery, Inc. Dunmpo1er Service--Skyline / | � 3586 104.07 GTE MobUnet Cellular Phone Service 3587 985.00 °2 Guadalupe--Coyote RCO Registration--J. |aaocm ' | � 3588 15.08 Hyeter 8e|ea Company Bobcat Part ' � 3589 201.89 Interstate Traffic Control Products Barricades � 3590 385.97 Jodi |aa000 Reimnburoennunt''Confarmnoe & Vehicle | Expense � 3591 719.86 Joda Publications Volunteer Brochure � � 3592 38.52 CKS Auto'Knaganm Vehicle Parts 3593 124.74 Lab Safety Supply Inc. Safety Supplies | 3594 234.82 Langley Hill Quarry Drainage Rook 3535 2'852.36 Lanier Worldwide, Inc. Copier Lease 3586 650.28 Life Assist Hr�� Aid Supplies ' . � 3587 576.00 David Lockhart Feral Pig Study Project 3598 513.58 Los Altos Garbage Company Durnpoter Service 3599 1,511.46 KXmrvvin K800e Acquisition Consulting Services � 3600 350.00 K8aQonao Building Maintenance Skyline Floor Maintenance � 3601 1,666.11 Julie McCullough Bridge and Hestroomn Projects Page � Claims No. 98-03 | MeetinQQ8-04 Date: Fmbrumry11. 1908 Revised | K8|DPEN|NBULA REGIONAL OPEN SPACE DISTRICT # Amount Name| Description | 3603 228'12 °3 Gina Morin Reimbursement--Uniform Supplies | 3604 48.96 K8inton`n Lumber & Supply Field Supplies � 3605 152.85 Moffett Janitorial Supplies Ree1/oomnSupplies � 3606 158.14 Mountain View Garden Center Send 3607 223.30 National Safety Council Subscription Renewal � 3008 1.361.88 Pacific Bell Telephone Service 3609 565.76 Pacific Coast Seed Inc. Restoration Seed � 3610 10.31 Palo Alto Utilities Utilities � 3611 372.36 Peninsula Blueprint, Inc. Printing Services 3812 578.33 Pine Cone Lumber Co., Inc. Lumber 3613 68.98 Pip Printing Docent Newsletter Printing 3814 20.99 Precision Engravers Inc. Name Tag Engraving 3615 7.89 Rancho Ace Hardware Field Supplies 3616 185.00 Tom Randall Reimbursement--Plumbing Repair 3817 880.00 A & ROaoignern Enterprise Rental Repairm-SrnithHouse � 3618 2,148.00 Redwood Enterprise � ' . � 3019 308.60 Ro/nin Environmental Technologies Corp. Hazardous Materials Removal Service � 3620 1,988.06 Roy'aRwpoir8�rviue Vehicle Maintenance� ' � 3621 80.50 Safety K|men Solvent Tank Service � � 3622 438.39 Sears Enterprise Rental Appliance � 3623 194.49 Shell Oil Company Fuel 3624 155.32 Signs of the Times Signs � 3625 798.11 Si|vwrudo Avionics, Inc. Radio fk Battery � 3626 724.00 S. P. K8oC|enuhanCo. Tree Ramnova|-VVindyHill � 3627 54.19 Stevens Creek Quarry, Inc. Drainage Rock | 3628 1.000.00 8tmvvwrtTide of California, Inc. Escrow Fees'-Tnufi|o/Cotofi Property 3629 125 �OOOO �toxve/� Tide of California, Inc. {�|aaspoo| Acquisition | . . � 3630 17.63 Stove Works Enterprise Rental Repair 3631 237.07 Summit Uniforms Uniforms 3632 2,151.46 Teansr & Etc. Map | | 3833 60.00 Tanninix Pest Control Service 3034 200.00 ThwrnneCorp. Heating &/ Air Conditioning Services 3835 428.09 Turner & K8u|carm Legal Services � 3638 300 -00 U. C. Regents Training--J. |oaaoa 3637 2'000'00 U. S. Postal Service Postage ' | 3638 90.72 M. Doug|amVu Vehicle Expense | 3639 349.29 \Nead3uord Uniforms 3840 153.55 West Group Legal Publications ' 3641 725.00 Wildlife Associates October 12th Event Vendor | 3642 64.57 Michael Williams Vehicle Expense and Film � 3843 300.00 Roberta Wolfe Recording Services 36440 305.00 °4 CSPRS PRAC Conference Registration 3645R 132.83 Paul K8cKovven Vehicle Expense � � 3640R 276.30 Petty Cash Local Business Meetings, Office and � Field Supplies, UPS Postage, Copies, � and Membership Dues Page 2 Claims No. 98-03 K8eetnQW8-O4 Date: February 11. 1R98 Revised M|[JPEN|N8ULA REGIONAL OPEN SPACE DISTRICT Amount Name Description . Urgent Check Issued January __' .--_ � °2 Urgent Check Issued February4, 1998 °3 Urgent Checks Issued January 29' and Fehruary3' 1998 � °4 Urgent Check Issued February 10, 1998 � TOTAL 166'883.35 Page � Claims No. 9M-03 | Meeting S8-O � ~- Oatm: Fabruary1i. 1898 K8|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT | # Amount Name Description 3555 525,00 Aaron's Septic Tank Service Sanitation Services 3556 126.69 ADT Security Services Alarm Service | 3657 156.76 /\JAX Portable Service RomtpmmmnRental 3558 163.71 Alamo Lighting Light Bulbs 3559 191.48 All Laser Service Fax Machine Maintenance 3560 159.00 AK8A| Senoinens Smnninap'B. Congdon 3561 141.00 ArtechLamminatinQ Lamination Sheets 3562 75.00 Ambestemt' Inc. Asbestos Testing � 3663 20.68 AT &. -[ Telephone Service � 3564 156.19 Bay Muffler Muffler Repair 3585 130.00 Berry's Pest Control Pest Control Service � 3566 18.24 C8kJ Cartridges Cartridge Refills � 3507 01.70 Cabe|a'm Uniform Supplies � 3568 53.86 Cal-Line Equipment Inc. Chipper Parts � 3569 69.98 California Water Service Company Water Service 3570 80.05 C|ark'm Auto Parts & K4onhino Inc. Vehicle Battery � 3571 640.28 Communications & Control Mt. Urnunhurn PG & E Pump � � 35J3 27J.0O °1 Patrick Congdon Reimnburoornent-Pesticide Class � � � 3573 1.62 Contemporary Engraving Name Tag Engraving � 3574 895.00 Continuing Education of the Bar Classes--D. Blackman 3575 155.73 Cootco Kitchen and Sanitary Supplies 3576 5.191.62 Dillingham Associates Landscape Architects B Corte Dn Madera Parking Lot Project � 3577 411.23 Deirdre Dolan Reim Expenses � . � 3578 89.64 DynaK8ed Medical Supplies � � 3578 1O8. K8�1 � EDCornpony. Inc. Safety Equipment � � � 3580 54.75 Federal Express Corporation Express Mail � � 3581 83.27 Film Photo� . � � 3582 48.85 G & K Services Shop Towel Service � � 3583 10.87 Gard*n|and Power Equipment ChainuovvPart � � 3584 37.50 Greenbelt Patrol K8op Book. � � 3585 110.00 GnaenVVaste Recovery, Inc. DumpsterServioe-Skylina � 3586 164.07 GTEKAobi|net Cellular Phone Service � 3587 885.00 °2 Guadalupe-CoymteRCD Registration--J. |maooa � � � 3588 15.08 Hymter Sales Company Bobcat Part � � 3588 3O1.8B Interstate Traffic Control Products Barricades � � � � 3590 386.97 Jodi Isaacs Reimnburaemmont-Confenmnce &. Vehicle � Expense � � 3591 719.86 JedaPub|ioodono Volunteer Brochure � � 3G9� 38 5� C�SAuto'�ragenm Vehicle Parts � � . � � 3583 124.74 Lab Safety Supply Inc. Safety Supplies � � 3594 234.82 Langley Hill Quarry Drainage Rock � 3595 2'852.36 Lanier Worldwide, Inc. Copier Lease 3586 650.28 Life Assist First Aid Supplies � 3597 578.00 David Lockhart Fene| Pig Study Project � � 3598 513.58 Los Altos Garbage Company Dumnpste, Serviue � 3599 1.511.46 Morvvin Mace Acquisition Consulting Services � 3600 350.00 W1aQanos Building Maintenance Skyline Floor Maintenance � 3601 1,686.11 Julie McCullough Bridge and ReotroornProjects � Page � � Claims No. A8-03 Meeting 98-04 | Date: February 11. 1998 � K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3603 226.12 *3 Gina Morin Reimbursement--Uniform Supplies 3604 48.96 Mintmn'nLumber & Gupply Field Supplies 3605 152.85 Moffett Janitorial Supplies RemtnxornSupplies � 3608 159.14 Mountain View Garden Center Sand 3607 223.30 National Safety Council Subscription Renewal 3808 1,361.88 Pacific Bell Telephone Gmnvinm 3608 565.76 Pacific Coast Seed Inc. Restoration Seed 3610 10.31 Palo Alto Utilities Utilities 3811 372.38 Peninsula Blueprint, Inc. Printing Services 3012 578.32 Pine Cone Lumber Co.' Inc. Lumber 3613 68.98 Pip Printing Docent Newsletter Printing � 3614 20.99 Precision Engravers Inc. Name Tag Engraving � 3615 7.89 Rancho Ace Hardware Field Supplies 3616 185.00 Tom Randall Reim buroenoent'P1urnbinQRepair � 3617 8SO.00 R �� RDeaignenm Enterprise Rental Repairu-SmnithHouse � 3618 2'148.00 Redwood Enterprise Rental Maintenance--Furnace 3619 306.60 Ronoio Environmental Technologies Corp. Hazardous Materials Removal Service � 3020 1'888.06 Roy'm Repair Service Vehicle Maintenance and Repairs 3621 80.50 Safety0eon Solvent Tank Service 3832 438.39 Sears Enterprise Rental Appliance 3623 184.49 Shell {)i| Company Fuel 3624 155.32 Signs of the Times Signs � 3625 798.11 Si|varado Avionics, Inc. Radio 8^ Battery � 3620 724.00 S. P. 8nC|enehon Co. Tree Removal--Windy Hill � � 3627 54.19 Stevens Creek Quarry, Inc. Drainage Rock 3828 1'000.00 Stevxert Title of California, Inc. Eannoxv Fees-Tnefi|n/Cotafi Property 3629 125'000.00 Stavxert Tide of California, Inc. G|oaspoo| Acquisition 3630 17.63 Stove Works Enterprise Rental Repair 3831 237.07 Summit Uniforms Uniforms 3632 2,151.46 Toetor Q' Etc. Map Graphics � . � 3833 60.00 Tonninix Pest Control Service 3634 200.00 Thernna Corp. Heating & Air Conditioning Services 3635 428.08 Turnor & K4u|oare Legal Services 3636 300.00 U. C. Regents Training--J. |oaoca 3837 2'000.00 U. S. Postal Service Postage 3638 90.72 M. Doug|ooVu Vehicle Expense 3638 348.28 VVoarGuard Uniforms 3640 153.55 West Group Legal Publications 3641 725.00 Wildlife Associates October 12th Event Vendor 3642 64.67 K8iohee| Williams Vehicle Expense and Film � � 3643 300.00 Roberta Wolfe Recording Services °1 Urgent Check Issued January 3O' 1998 °2 Urgent Check Issued Februory4, 1988 | °3 Urgent Checks Issued January 2S. and February3, 1998 TOTAL 166.179.12 Page � Regional n � d MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manag DATE: February 11, 1998 SUBJECT: FYI 144C'4 WAU�ft'at wtu 51.4! Celebrate 2-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,None ette Hanko,Betsy Crowder,Kenneth C.Nitz Generall Manager:L.Craig Britton February 7, 1998 3 �� _. .___r . .. . : ' FEB n 9 1 98 Board of Directors , MROSD { , `SAL 330 Distel. Circle Los Altos , CA 94022 Last year at one of the September meetings the matter of "technical trails" ( this was in regard to bicycles ) came up in discussion about trails . The idea intrigued me as a horseman, and possibly for those who walk or run the trails . I tought of trying to get definitions of technical trails for the various activities . I soon felt that what I consider a technical trail for horses could possibly be a disaster for other others horsemen - and even worse for walkers and bicycles . With MROSD policy of every trail for everybody, I now feel that technical trails would not be appropriate in or on district lands. Even signing trails for a particular sport with notices that it is unsafe for some particular type of traverse would not be satisfactory as there are always those who would transgress . I realize there are others who will possibly bring this smatter up again, and I merely want to let the board know my thoughts and keep this letter in the record for the future. A reply is not necessary. Harry H . Haeussler, Jr . 1094 Highlands Circle Los Altos , CA 9402 American Red Cross Palo Alto Area Chapter 400 Mitchell Lane Palo Alto, CA 94301 Telephone: (415) 688-0415 Fax: (415) 327-4255 Midpeninsula Regional Open Space District Attn: Board of Directors 330 Distel Circle _ Los Altos, CA 94022 '... =" February 4, 1998 Members of the Board, -" This letter is written in appreciation of the assistance given by your staff member Gordon Baillie at the mass care shelter at Cubberley Community Center in Palo Alto on February 2 and 3. Due to the widespread flooding in the Bay area, the resources of the Palo Alto Area Chapter of the American Red Cross were fully extended. The Chapter office itself received extensive flood damage. Although Gordon had already put in a full day of work, he responded to the call for assistance and opened and staffed a shelter for people displaced by the extensive flooding. Many of the Chapter's volunteers were isolated by the flood water and so it was left to Gordon and one other volunteer to hook up a trailer, move supplies, and open and staff a shelter for over two hundred people. He did this with competence, professionalism and a"can-do," attitude. Throughout the night victims continued to arrive by bus, car acid fire engine. They were greeted with Gordon's kindly smile, reassuring help and a well run shelter. Gordon is truly a unique individual and a credit to the Midpeninsula Regional Open Space District. Volunteers such as Gordon devote extensive amounts of personal time to attend Red Cross training and meetings. Although Gordon was not working this disaster as a District representative, we did wish to acknowledge the District's involvement since employers' support is so important to the ability of many of our volunteers to maintain their involvement in this vital community service. Please accept our thanks, as well as the thanks of the community members we serve, for your support of Gordon's Red Cross activities. Sincerely, Alan Bail Director - Disaster Services Our mission is to help people prevent, prepare for, and respond to emergencies. February 2 , 19911 Richard Bourke PO Box 7207 San Jose , CA. 95150 Randy Anderson copy: list Midpen. Regional Open Space Dist . 330 Di stel Circle Los Altos , CA. 94022-1404 Subject : Status of annexation - San Mateo County Coast Request for Information Randy , I understand you to be the "contact person" for information concerning the Districts plan to expand its boundaries to the Pacific Ocean. I need certain information at this time . This request for information is made pursuant to the provision of the CA. Public Records Act ( code 6250 & 6256 at et . seq. ) Which Act is based upon the Freedom in Information Act . 1 . Copy of Map. This is the same map that Mary Davey sent to Tom Campbell and J . Vasconcellos under memos for a "calendar request . " Mary Davey sent maps out . These are public documents and I would like an exact copy (size included ( reference 11/14/97 Mary C. Davey correspondence etc . ) 2 . The Board authorized $25 ,000 . for mapping, analysis of property values , etc . Has this been done? Do any of the maps exist? 3 . Does the District have any lists of APN numbers for property being considered in the expansion area? 4 . Would you please send me copies of all correspondence between MROSD and the Greenbelt Alliance concerning this subject (either sent or received . ) This is a very important matter to me and I would appreciate your fullest cooperation and honesty. ED Sincerely , J FEB p 61998 V: (�✓'1 l� MIDPEr"JiNSULA REG1ONA Richard J . Bourke OPEN SPAC_�T,ICT copy : Michael Erickson , Taxpayers Assn. others to whom this topic will be of interest February 2, 1996 Richard Bourke PO Box 7207 San Jose, CA. 95150 Malcom Smith, Public Affairs Manager copy: list Mi dpen . Regional Open Space Dist . 330 Distei Circle `s / Los Altos , CA. 94022-1404 Subject : Misc. Information on the District I need certain information at this time . This request for information is made pursuant to the provision of the CA_ Public Records Act ( code 6250 & 6256 at et . seq . ) Which Act is based upon the Freedom in Information Act . 1 . Number of Black ( race) employees that were employed by MROSD as rangers as of these dates: January 1st , 1993 , January 1st 1994 & January 1st 1995 . (this should be very easy to get by talking to one of the employees who have been with the District since 1992) 2 . Names of emmployees who have left (employment terminated) the District in the past five years . (for whatever reason. ) Again, Thank you for your assistance in this very important matter . I think Malcom you should be considered as a possible replacement for the General Managers job. Sincerely , I FEB n 6 1998 1i � MIDPE^JINSULA REGIONAL Richard J . urke OPEN SPACE D;STRICT copy: Michael Erickson , Taxpayers Assn . others to whom this topic will be of interest Regional Open S, .ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manage DATE: February 6, 1998 SUBJECT: FYI I z= a" 0*.14 Wdut 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,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera!Manager:L.Craig Britton Regional Open ,r -ice j 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 5, 1998 Mr. Patrick Murphy Office of Planning County of Santa Clara East Wing, 7th Floor 70 W. Hedding Street San Jose, CA 95110 SUBJECT: Response to Draft Environmental Impact Report for Proposed Los Gatos Creek Country Club Dear Mr. Murphy: The proposed Los Gatos Creek Country Club project is located near 4,500 acres of public open space owned and operated by Midpeninsula Regional Open Space. As a major stakeholder in the Lexington Reservoir Basin, the District has immense concern over the potential impacts of the proposed project. It is very disconcerting to see a proposal almost identical to the previously denied 1994 Country Club project being reintroduced, with virtually the same impacts im c and in some cases additionalP impacts. P Generally, we find the Draft Environmental Impact Report (DEIR) inadequately addresses impacts to open space land. This seems to be a result of= underscoring the importance of natural open space. In our opinion, there needs to be a distinct difference acknowledged between the value of managed versus natural open space. While incorporating managed open space may be desirable in an urban setting, it is inappropriate in the context of a natural setting like that of Lexington Reservoir Basin. Protecting the integrity of this irreplaceable natural treasure, situated within minutes of one the most populated urban areas in the country, should be the focus of the DEIR. In reviewing the DEIR, there are many sections in which we would like to see more emphasis placed on the value of natural open space resources. We request the following impacts of the project be more adequately addressed: Section 3.1 The construction of a golf course and related facilities on the project site will result in a substantial change to the land use patterns in the area because it will sever and divide the land patterns of the community, assuming open space is considered a significant part of the community. Approximately th of this 210-acre site will become managed open space and much of this area will suffer from the loss of natural vegetation, including elimination of 400 trees. In addition, major land forms will be altered by grading over 360,000 cubic yards of y 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 Ob Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton Page 2 dirt in an attempt to provide access, fairways, and greens. On page 3.2-4, the document states that 110 acres of the site will be converted to irrigated grasslands, thereby dramatically altering the mosaic of the existing natural community. These impacts have been inadequately addressed because the distinction between managed and natural open space has not been addressed when, in this case, managed open space is incongruent with the more natural setting. In summary, the overall character of Lexington Reservoir Basin will be significantly impacted in an unavoidable manner. Exhibit 3.2.1 The Parks, Open Space and Trails Map has omitted a large portion of the Sierra Azul Open Space Preserve. The preserve's 1,933-acre Cathedral Oaks Area is located directly east of the project site and within one-half mile. The District plans on improving public trail use opportunities here in the future and preserve users will be impacted by the project. Section 3.2.2 The conversion of approximately 110 acres of natural open space will have a significant effect on the environment because it conflicts with recreational uses of surrounding parks and open space preserves. The trails at El Sereno, Sierra Azul and St. Joseph's Open Space Preserves are extremely popular with hikers, equestrians and bicyclists. The popularity is due to the open space experience that users gain when viewing Lexington Reservoir Basin. Most trail enthusiasts use these trails because of the "near wilderness" feeling gained from the unspoiled character of area. This experience will be significantly changed when trail users find that their views of natural open space have been replaced with swaths of green fairways, golf carts and commercial buildings. Restaurants, club house, maintenance buildings, duplexes and triplexes are not compatible with surrounding open space and residential development. The four private residences alone could amount to 20,000 square feet of structures. The impacts on open space trail users should not be discarded because of the distance between trails and project site. Open space experiences include distant views and should be adequately addressed because some, if not many, open space preserve users will seek other trails if the project is constructed. Section 3.6 Biological resources are impacted in areas that are managed for a golf course whether it be manicured fairways, or semi-natural roughs. The irrigated and fertilized fairways and adjoining roughs which absorb run-off from the fairways do not support many wildlife species found naturally in the project area. Golfing activity results in a high level of human encroachment into areas beyond the fairways and can seriously impact nesting, feeding and sheltering characteristics found in more naturalized habitats. Islands of open space do not have nearly the habitat values as more open wildlife corridors. The newly proposed tennis courts and 69 parking stalls are spread out along the southern boundary of the site, creating an island of open space and restricting wildlife movement to the southern adjacent 890-acre parcel which is also slated with development. In addition, the fragile edge between forest and grassland is one of the most important habitats present on this site which will be permanently altered by the project. These impacts are significant and unavoidable. The project requires a road to be constructed through the proposed 65-acre open space easement area and across Briggs Creek in order to connect the club house to a driving range on the lower portion of the property. The grading impacts in the riparian area and resulting Page 3 traffic should be addressed because this activity will significantly reduce the value of the open space. Not only is the 65-acre open space easement an island, the wildlife habitat is bisected by traffic, with its accompanying noise, dust, and fumes. Section 3.9.2 There are visual changes that the golf course and buildings will have on public views beyond the impacts addressed in this section. A significant impact on public views from park and open space preserves has been described above. The importance of views from recreational areas are underscored at the top of page 3.9-6 by stating the project site would encompass only a small portion of overall views from recreational areas. Open space in the Lexington Reservoir Basin is unique in that it provides an uninterrupted expanse of natural landscape. The 110-acre golf course and accompanying commercial buildings may represent a small portion of the overall views from public trails, but the interruption in views is significant and unavoidable when it breaks the harmony of this unique landscape. Section 5.1 In the No Project analysis, it is extremely speculative on the author's part to conclude the future land use would be intensive agricultural use resulting in significant impacts on water quality and biological resources. There are many agricultural and residential uses that would have much less impact on the site than the proposed golf course development. Section 4.2 The cumulative impacts of potential development on the adjacent 890-acre parcel is difficult to assess with the limited information contained in the DEIR. In viewing the project area and adjacent property it is impossible to imagine that a large timber harvest plan and development of a country club and residential community within a redwood forest will not have a significant impact on the environment. Questions about the net loss of open space and impacts on wildlife corridors need to be addressed more thoroughly. At a minimum, it is safe to conclude the two projects together will disrupt and divide the physical arrangement of an established natural community. The combined projects represent a change from rural to a near urban environment. Thank you for giving us the opportunity to respond to the Los Gatos Country Club DEIR. I hope our comments will be useful in preparing the Final Environmental Impact Report and that our concerns will by adequately addressed. Si , L. tton General Manager LCBIdw cc: Board of Directors, MROSD Regional Open - ,ace February 4, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Richard J. Bourke P. O. Box 7207 San Jose, CA 95150 Re: Brown Act Compliance Dear Mr. Bourke: I'd like to respond to your letter of January 17, 1998 regarding the District's compliance with Brown Act public meeting requirements. I appreciate your recognition that the District strives to comply with the Brown Act. I can assure you that the District conducts all of its business in strict compliance with the Act and takes this responsibility seriously. We have been recognized for this effort. (See attached Grand Jury Report). You expressed concern about one procedural requirement of the Brown Act, namely reporting out final action taken in closed sessions permitted by the Act. The Board scrupulously complies with this requirement as well. For example, on July 9, 1997 and on November 19, 1997, the Board reported out that direction to initiate litigation had been given and the vote thereon. You inquired where the oral announcements prior to convening a closed session before a regular Board meeting are made. These are made in public in the Board Chambers. You inquired whether public meeting tapes are available for public review. Meeting tapes are available for public review. You may request a copy upon payment of direct duplication costs. You inquired how far back tapes and meeting minutes are maintained. Tapes are generally available dating back to October, 1996. Meeting minutes are generally available dating back to 1979. You inquired whether the Board complied with the reporting out requirements after its closed session of January 14, 1998. It did. In that case, no final action was given to initiate litigation or to grant final approval of an agreement concluding real estate negotiations. Thus, no announcement of final action could have been given. You requested examples of instances where the Board has reported final actions out of closed session. I have provided these above. I believe your concern may be due to the fact that, unlike some other agencies, the Board rarely takes final action in closed session. The primary purpose of the reporting out requirements is to insure that the public is informed when an agency takes a final action in a 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 closed session. The Board of the Midpeninsula Regional Open Space District rarely takes final action in a closed session, as the Board strongly prefers to take final action in public as the Act encourages. Therefore, what you may perceive as a lack of reporting out is actually a result of the Board's preference that the District's business be done in public as part of a properly noticed agenda item. Please feel free to contact me if you have any further concerns about this issue. Sincerely, Susan M. Schectman District Legal Counsel SMS:snd Enclosure cc: Foreperson, Santa Clara County Grand Jury Foreperson, San Mateo County Grand Jury MROSD Board of Directors I January 17 , 1998 Richard J . Bourke PO Box 7207 San Jose, CA. 9515-()-- RECEUVED Attorney Susan Schectman Copy: list Midpen. Regional Open Space Dist . JAN 1 1998 330 Distel Circle Los Altos, CA. 94022-1404 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Subject : Getting this Board to comply with the Ralph M. Brown Act Sue, I think you've brought this organization a long way to complying with the Brown Act . I appreciate it when you interrupt the meeting to insure compliance. The Agenda stuff now looks real good and complies with the "safe-harbour" provisions of the Act . There is one area however I feel needs allot of work and that has to do with "Oral anouncements - before and after closed door meetings. I 've addressed the MROSD Board at the microphone concerning some sort of feedback as to what "action has been taken" in the closed door sessions. I generally tape meetings and search the meeting minutes to try to figure this out . On some occassions Mary Davey has reported at the beginning of the open session that "we met in a closed door session to discuss agenda item "#" and that no action was taken" . I 'm allows delighted to hear "any" feedback even that no action was taken. In fact I am now in my third year of attending meetings and I must admit to my knowledge there has NEVER been any report of votes cast ,or action taken other then no action. Given that this organization is always involved in a large amount of litigation I would expect somewhere along the line the Board does vote or make decisions with regard to litigation and other closed door meeting subjects. Mabe all the cases get dropped but I really doubt that . It is also not docutmented in the Board meeting minutes. I believe these are major documentable Brown Act Violations. For example this Board often begins the regular public session with a roll call , followed by oral communications and then into the agenda. On January 14th the Board held a closed session from 5-7 :30 PM closed session then rolled into the public session with absolutly NO MENTION of the closed session or if any action taken or votes cast or decisions made in that closed session. This is not the first time I 've brought this to the Boards attention. You may remember Mary Davy who chaired the meeting that I (at the microphone) complained about this sort of stuff tell me I could contact you if I needed to know what is going on. Well and good but that is not how it works in the Ralplh M. Brown Act . Every member of the public is entitled to learn what has been decided in these closed door sessions which proceed most every meeting of the Board. My opinion is that this Board has been meeting for 25 years and has NEVER ONCE complied with the Brown Act with regard in allowing the general public know about action taken in these closed sessions. It certaintly is NOT in my tapes or in the Meeting Minutes. I must assume all of this litigation and closed door matters are pending and not resolved year after year . This certaintly is not the case. These matters are getting attention and direction from the Board and the Board *% not complying with the P nwn Act ! I will be putting togett-,ir a Formal Grand Jury Compiaint centering around "litigation" and this Board responsibility to the public. In fact I would like to put together a matrix of all 25 years of the Boards litigation. It would look something like this. CASE NAME CASE # TAPE CONFIRM TAPE CONFIRM ACTION MINUTES ORAL PRIOR ORAL AFTER TAKEN DOCUMENTATION This will document compliance with 54957 . 7(a) ORAL PRIOR 54957 . 1 (a) ORAL AFTER & 54951 . 1 (b) I will be suggesting to the Writers of the Brown Act , Attorney Generals office that there be "uniform reporting - Disclosure of what took place in the closed door sessions, who was present , action taken etc. This should I think be a standardized form and posted for all to see similar to the agenda sheets. This could eliminate this problem completely. We could match up agenda items in closed sessions with Disclosure on that item. I believe it could also be done voluntarily. I am also having problems with this organization complying with the CA. Public Records Act / Freedom of information act which is another matter deserving of another letter . From this date forward I am enforcing "zero tolerance" with regard to sections 54957 . 1 (a) , 54957 . 1 (b) , 54957 . 1 (a) (2) and 54957 . 7(a) . 1 . Could you tell me in what room the oral announcement Prior is going to take place because in the past the regular meeting room is empty and there is no oral announcement prior? I 'm there in a big empty room with my tape recorder to pick up the Oral Prior and the Board is elsewhere in a closed room. (mabe this should be on the agenda. ) 2. Tell me if the presentation quality tapes are available for public review or copy? (mine are audible but of low quality. ) 3 . How far back are the Districts tapes available? How far back are the Districts Meeting Minutes Available? 4. Sue, Do you believe the Board complied with the Brown Act at the Jan 14, 1998 meeting by not saying one word about the lengthly closed session held just prior? 5 . Would it be possible to find "any" example in the 25 year history of this Board where I can find that the Board has taken some action in a closed door session and then reported it back in the public session (votes taken, action, direction decided as documented on Tape Recordings or Meeting Minutes? I believe this Board would do well to change its agenda and meeting procedures to formally address the Ralph M. Brown Act . This could be listed to insure that it is addressed and not skipped over as it regularly is. I wish this Board would read pages 21 , 22 and 23 of the Ralph M. Brown booklet . I 've read my copy many times over - probably five or six times. Its -2 bit confusing & I will br aking lots of suggestions to the Aa'rney Generals office in �,s of improving the publics Its to participate in locus government . Again let me identify myself as an "interested party" to all matters discussed in closed door sessions (I 've done this at the microphone addressing the MROSD Board. ) Let me conclude by reminding all readers of this letter that the ultimate purpose of the Ralph M. Brown Act is to Provide the Public with an opportunity to monitor and participate in the decision-making processes of Boards and Commissions. The people of this State do not yield their sovereignty to the agencies which serve them. The People, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The People insist on remaining informed so that they may retain control over the instruments they have created. (extracted page 45 of the booklet . ) I intend to enforce the Brown Act , even though it has no teeth and this organization must think it is a small matter to flaunt it as it has so many times. Sincerely, —1 t dA Richard J . Bourke Mt . Umunhum CA. copy list : Midpen Regional Open Space Board Members Santa Clara County Open Space Board Members Grand Jury Foreperson - Santa Clara County Grand Jury Foreperson - Santa Cruz County Grand Jury Foreperson - San Mateo County Attorney General , Office of the Attorney General State of CA. District Attorney - Santa Clara County District Attorney - Santa Cruz County District Attorney - San Mateo County Attorney Jack Bohan - Santa Clara County Taxpayers Assn. Pat Shrum - Executive Director Santa Clara County Taxpayers Ass Congressman Tom Campbell Michael Erickson Others to whom this subject may be of interest . Regional Open S. ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM February 4, 1998 To: Board of Directors From: L. Craig Britton, General Manager Re: Emergency Right-of-Entry, Windy HVOpen ace Preserve I was contacted on February 3rd by Dr. Thomas Okarma, who resides in the former estate inholdings area at Windy Hill. Dr. Okarma reported that the resident's access road to Alpine Road had been severed by several landslides, and requested an emergency Right-of-Entry to grade the Old Ranch Road access to Skyline Boulevard. The residents have an easement for the use of this old road. In accordance with the Board's Resolution 96-22 authorizing the General Manager to approve certain permits to enter District property on an emergency basis, I issued the attached permit based upon the findings that: 1. The work is required due to the existence of an emergency which necessitates immediate action to prevent or mitigate the loss or impairment of health, safety or property or essential public services; 2. The work is minor and temporary. The permit is subject to the following conditions: 1. The work shall be done in such a way as to minimize damage to District land; 2. I am convinced that no alternative exists to the utilization of District land, and in fact a current easement exists for the utilization of District land; 3. The form of the Permit to Enter has been approved by District Legal Council. a 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 • Genera!Manager:L.Craig Britton I ke-gional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RIGHT OF ENTRY February 3, 1998 Dr. Thomas B & Mrs.Mary E. Okarma 5020 Alpine Road Portola Valley, CA 94028 Dear Dr. & Mrs. Okarma: This Right of Entry is by and between the Midpeninsula Regional Open Space District, a public District (hereinafter "DISTRICT") and Thomas B. Okarma and Mary E. Okarma, husband and wife, and their authorized agents and contractors (hereinafter "OKARMA"). The parties hereby agree as follows: 1.0 Property DISTRICT grants OKARMA permission to enter portion of the District's real property known as Windy Hill Open Space Preserve located within the Town of Portola Valley, County of San Mateo, along the existing graded access road known as "Old Ranch Road" betweeh Highway 35 (Skyline Boulevard) and Lauriston Road, as shown on the attached map, marked Exhibit A and incorporated by this reference. 2.0 Purpose This right of entry is hereby granted to OKARMA to enter upon the Old Ranch Road as shown on said map for the purpose of grading the road to provide emergency ingress and egress to residential property. 3.0 Right of Entry Conditions The right of entry shall be subject to the following conditions: a. Modification or improvement of the access shall be confined to the existing road alignment as shown on the attached "Schematic of Culverts and Ditches, Existing and Proposed, Upper Road", marked Exhibit B and incorporated by this reference. If work cannot be confined to the existing alignment OKARMA will notify District Area Superintendent David Sanguinetti (650) 949-1848 to coordinate modifica.tions.in the field t ) proceeding with modifications. T44 A 4W Celebrate 25 Years of Open Space Preservation 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:650-691-1200 - 1972-1"7- FAX:650-691-0485 o 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 o General Manager:L.Craig Britton Thomas & Mary Okarma Page 2 February 3, 1998 b. If District land is graded and/or any trees or shrubs are removed or cut down, OKARMA agrees to restore the impacted area to its previous condition, including the restoration of the native plantings which existed prior to the work, and shall maintain and monitor said planting, for a period of three (3) years. C. OKARMA will ensure that all preserve trails and roads be kept open for public preserve visitors, DISTRICT staff vehicles, and emergency vehicles at all times during the installation, maintenance and monitoring of the project. d. OKARMA will use caution when working around all existing trees and structures. e. OKARMA will be responsible for any repair or replacement of any damage on the site resulting from its activities, and will repair such damage in a timely manner. f. OKARMA shall be responsible for obtaining any necessary permits or approvals from the Town of Portola Valley or the California Department of Transportation, and for maintaining and supervising all safety measures required by this Permit or by law, including OSHA requirements and California Labor Code Section 6705, if applicable. OKARMA will keep the surrounding DISTRICT lands free from accumulation g• P g of surplus materials, rubbish, debris equipment, and waste material. All debris and hazardous materials resulting from the OKARMA's operations shall be removed to a legal dump site. h. OKARMA shall notify DISTRICT upon completion of all work and arrange for a site inspection with DISTRICT staff before vacating the site. 4.0 Term This Right of Entry shall become effective at such time as this Right of Entry is fully executed, and terminate on March 1, 1998 or completion of the work, whichever is earlier. i 5.0 Notice Any notice or notices required or permitted to be given pursuant to this permit may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: Thomas & Mary Okarma Page 3 February 3, 1998 DISTRICT: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 (415) 691-0485 (FAX) copy to: Michael C. Williams, Real Property Representative Same As Above OKARMA: Dr. Thomas B.& Mrs. Mary E. Okarma 5020 Alpine Road Portola Valley, CA 94028 (650) 851-8650 (650) 851-8688 (FAX) 6.0 Indemnification and Release of Liability OKARMA agrees that the use of equipment and materials on the property of DISTRICT shall be effected with all reasonable diligence and precautions to avoid damage to the real and personal property, and/or personnel of DISTRICT or to the public. OKARMA agrees to indemnify, hold harmless, defend, and protect DISTRICT, its officers, directors, agents and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties,judgments, or obligations whatsoever in connection with any injury, death, or damage to any person or property that arises out of any activities of OKARMA pursuant to this Right of Entry, or to any act or omission of the OKARMA in its use, construction or maintenance of the project site and project improvements. OKARMA hereby waives all claims and recourse against DISTRICT, including the right of contribution for loss or damage to property, and releases DISTRICT from any liability related to or in any way connected to the OKARMA's activities or the OKARMA's use of the project site, premises, or facilities. OKARMA and its contractors shall have sole responsibility for the safeguard of their equipment, property, and personnel (i.e., employees, agents officers) from any and all injury, death, or damage. i Jun-02-01 05:03A P.01 1—Id4—1� I Id: 1�:$Ar 1 P. 2 Thomas & Mary Okarma Page 4 February 3, 1998 7.0 Insurance Through out the term of this agreement, OKARMA's contractor, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage. Limits shall be not less than S1,000,000 per occurrence for bodily injury and S 500,000 per occurrence for property damage_ This permit is not valid without OKARMA's contractor's insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shalt name DISTRICT as an additional insured. Throughout the term of this agreement, OKARMA's contractor, at its sole cast and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. Such insurance policies shall not be canceled or materially changed without thirty (30) days' advance written notice to DISTRICT at the address shown under NOTICES. Sin , L. Craig Britton, Cenral Manager Date: Mid Peninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 APPROVED AS TO FORM: .�v ESL-,rna� Dater=/ Yam! Susan M. 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