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HomeMy Public PortalAbout19980422 - Agendas Packet - Board of Directors (BOD) - 98-09 �1r u YMs' Regional a _. .. .. a�. . ., . ... . .. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-09 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California April 22, 1998 *** PLEASE NOTE*** 7:30 P.M. Regular Meeting Start lime (7:30) ROLL CALL REGULAR MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder *** APPROVAL OF MINUTES March 18, 1998 (Consent Item) March 25, 1998 (Consent Item) *** WRITTEN COMMUNICATIONS BOARD BUSINESS (7:45) la. Proposed Addition of Weaver Property to La Honda Creek Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Property as an Addition to La Honda Creek Open Space Preserve; and Indicate their Intention to Withhold the Property from Dedication as Public Open Space-- M. Williams Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Weaver) 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX: 650-691-0485 . E-mail: mrosd@openspace.org openspace.org - Web site:www.openspace.org Board of Ulrectors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton I! Meeting 98-09 Page 2 (7:55) lb. Proposed Acquisition and Addition of Aitken Property to Russian Ridge Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to Russian Ridge 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 Certificates of Acceptance of Grant to District and Grant and Covenant of Restrictions, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Russian Ridge Open Space Preserve - Lands of Aitken, Et Al.) (8:05) 2. Approval of Lease Holdover Agreement and Authorization for the General Manager to Execute the Lease Holdover Agreement with Heritage Communications Inc. (TCI), Black Mountain, Monte Bello and Rancho San Antonio Open Space Preserves -- M. Williams (8:10) 3. Authorization to Solicit Bids for Construction of the Schilling Lake Spillway Repair Project, Thornewood Open Space Preserve -- R. Anderson (8:15) 4. Authorization for the General Manager to Execute the Permit to Enter and Agreement Allowing Rhone-Poulenc, Inc. Access for the Purpose of Wetland Restoration, Restoring Tidal Action to the Northern Salt Pond, Ravenswood Open Space Preserve -- R. Anderson 5. Authorization for Director Siemens to Attend the California Special Districts Association Government Affairs Day One-Day Conference in Sacramento at a Cost of$95.00 -- C. Britton (8:20) 6. Review of Prices and Policy Regarding Agenda, Minutes, and Packet Subscriptions; Authorization for Increasing Current Agenda Subscription Rates to Reflect the Increases in Cost of Production, While Remaining Substantially Below Actual Cost; and Development of the District's Online Resources to Provide Access to Agenda Materials Free of Charge via the Internet and E-mail C. Britton 7. Authorization to Purchase a Pit Toilet Unit for Monte Bello Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; and Authorization for Staff to Replace a Pit Toilet Unit for the Monte Bello Parking Area, Substituting it for a Pit Toilet Unit for the Monte Bello Backpack Camp-- M. de Beauvieres 8. Cancellation of May 13, 1998 Regular Meeting and Scheduling of May 6, 1998 Special Meeting -- C. Britton (8:30) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS Consent Item) i Meeting 98-09 Page 3 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. c Regional Opeice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING AD HOC COMMITTEE EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE - STUDY AREA 2 AGENDA 7:00 P.M. Betsy Crowder, Chair Tuesday Jed Cyr April 28, 1998 David Smernoff (7:00) ROLL CALL ORAL COMMUNICATIONS - Public ADOPTION OF AGENDA COMMITTEE BUSINESS (7:05) 1. Staff Presentation on Draft Trail Use Plan for El Corte de Madera Creek Open Space Preserve, Study Area 2 2. Public Input 3. Committee Discussion (9:30) ADJOURNMENT Times are estimated. 33 0 Distel Circle Los Altos CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 - E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Dire(tors:Pete Siemens,Mary C.Davey,Jed Cyr, David 1.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton Regional Open -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL A MEETING LEGISLATIVE, FINANCE,,AND PUBLIC AFFAIRS COMMTTTE AGENDA Thursday, May 7, 1998 Mary C. Davey 330 Distel Circle, Los Altos Nonette Hanko Pete Siemens (9:00 A.M.) ROLL CALL ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA COMMITTEE BUSINESS (9:05 A.M.) 1. Discussion of proposed Seager bench - R. Anderson 2. Discussion of POST donation for Spring Ridge picnic area and recognition of donors - M. de Beauvieres 3. Discussion of donation for Black Mountain backpack camp and recognition of donors - M. de Beauvieres 4. Discussion of proposed Norton bench-N. Hanko 5. Proposed revisions to Site Naming and Gift Recognition p g g Policy - M. Smith 6. Update on Districts legislative activity - C. Britton P g Y 7. Update on Special Districts Forum - M. Smith 8. Information reports/scheduling of next meeting (11:00 A.M.) ADJOURNMENT 330 Distel Circle - Los Altos,CA 94022-1404 « Phone:650-691-1200 FAX:650-691-0485 - E-mail: mrosd@openspace.org web site:www.openspace.org Board of Directors.Fete Siemens,Mar C.Dave Jed C r, David 7_Smernoff,Nonette Hanko,Bc _� ... �...M Mary C. y y � � �� Betsy Crowder,Kenneth C.Nitz � Genera!Manager:L.Craig Britton Reg ' � .� -ice. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-06 SPECIAL MEETING BOARD OF DIRECTORS March 18 1998 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 7:30 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, David Smernoff, and Pete Siemens. Members Absent: Nonette Hanko. Personnel Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John Escobar, Jody Isaacs, Deirdre Dolan, Susan Dale, Mike Williams, Carleen Bruins, Gordon Baillie, and Roberta Wolfe. B. Crowder stated that because the large number of people present exceeded the capacity of the room and in order to give everyone a chance to observe the hearing and speak, arrangements had been made to adjourn the meeting and reconvene at 8:00 P.M. at the Mountain View Community Center. She asked the representatives of the Convent if they would prefer to give their presentation here or at the adjourned site. Colleen Doherty said they preferred to give the presentation at the Community Center. Maps and directions were available from staff members. Mono J. Cyr moved that the Board adjourn and reconvene at 8:00 P.M. at the Mountain View Community Center, 201 S. Rengstorff Avenue, Mountain View. K. Nitz seconded the motion. The motion passed 6 to 0. At 7:35 P.M., the Special Meeting was adjourned. B. Crowder apologized for the inconvenience caused by the move. At 8:04 P.M., President Betsy Crowder called the adjourned Special Meeting to order at the Mountain View Community Center. 330 Distel Circle * Los Altos, CA 94022-1404 - Phone:6.50-691-1200 FAX. 650-691-0485 - E-mail: mrosdQopenspace.org - Web site:www.openspace.org Boars/of Directors:Pete Siernens,Mary C. Davey,Jed Cyr, David T.Srnernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:I.Craig Britton Meeting 98-06 Page 2 Members Present: Mary Davey,Betsy Crowder, Ken Nitz, Jed Cyr, David Smernoff, Nonette Hanko, and Pete Siemens. Personnel Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John Escobar, Jody Isaacs, Deirdre Dolan, Susan Dale, Mike Williams, Carleen Bruins, Gordon Baillie, Roberta Wolfe, and Ron Mulcare. H. ORAL CONCYR 1ICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, asked that Board Members remember to use their microphones so they could be heard by everyone. Richard Bourke, P. O. Box 7207, San Jose, talked about surplus property sales, specifically Teague Hill. He said he did not think the District should be operating as a bank and there should be public review of all surplus property sales. III. ADOPTION OF AGENDA Motion: D. Smernoff moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. IV. BOARD BUSINESS A. Agenda Item No. 1 - Consideration of Adoption of Resolution of Necessity for Acquisition of the Russian Convent Of Our Lady of Vladimir Inc Pro, eerrtye Adoption of Preliminary Use and Management Plan and Naming the Propcy Mills Creek Open Space Preserve; Indicate their Intention Upon Acquisition to Dedicate the ron rty as Public Open pace;Authorization for the General Manager to Enter Into an Agreement for Professional Services with Associated Right of WU Services, Inc for Site Location Services at a Cost Not to Exceed $25,000* and Find by Motion That the Property is Threatened by Development. Subject to Degradation of Natural Resources;and Owned in Fee By an Institutional or Commercial Entity. Consideration of Resolution Determining that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act. Consideration of Resolution Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Properties for public Use,to Wit. for Public Park- Recreation Open Space and Ecological PuMoses for the Mills Creek Onen Space Preserve, Describing the PropcM Necessary Therefore and Authorizing and Directing Its Retained Legal Counsel To Do Everything Necessary to Acquire All Interests Therein(Russian Convent of Our Lady o Vladimir Proper )—(Report R-98-36). B. Crowder outlined procedural rules to be followed and opened the public hearing at 8:10 P.M. Meeting 98-06 Page 3 C. Britton introduced the staff report and presented the background of the District's interest in the property. He said that due to the unsuccessful efforts to reach a satisfactory settlement and the eminent threat of development of this prominent ridgeline property, staff is recommending adoption of the resolution of public interest and necessity to acquire the property. He distributed a packet from the legal representative of the Convent and a supplemental staff report responding to that packet. D. Woods showed the property on a regional map and described the site and its surroundings. He showed a blowup of the project site and a map of the road network. He described the property, noting that it had diverse wildlife and served as an important deer migration corridor in addition to being home to many other animals and birds. Summer steelhead trout, a Federally Threatened Species, are found on the property. He showed slides of the property. He summarized the public necessity for acquiring the property including scenic qualities, on-site views, protection of natural resources and wildlife, including summer steelhead, and importance of trail use. He outlined planning considerations and the Preliminary Use and Management Plan recommendations. He concluded his review by reporting on CEQA compliance and the terms of the District's offer to purchase the property. He also talked about the District's eminent domain policies and reported staff s recommendations. D. Woc$,c�tlined the points contained in the Convent's recent proposal to the District dated February 27, 1998. He said the major points the District found not acceptable were the siting of the Convent and chapel building, which remained on the ridgeline and would be viewed by some trails along Skyline Blvd. In addition, a new trail would have to be built to the central ridge. D. Wo *erred to a letter from the Law Offices of Colleen Doherty dated March 18, 1998. He responded to the eight points in the letter as follows: 1. Offer of public use of trails into most scenic areas—He pointed out that most of the property is very scenic. The site of the proposed Convent and chapel offers excellent views which is one of the reasons the site was chosen. Intrusion into the view area with improvements was one of the reasons for the District's interest in the property. 2. All significant environmentally sensitive areas identified by the District would be protected—He said development of the magnitude proposed could have impacts on Mills Creek at the lower elevation and the location of the buildings will also impact the movement of wildlife across the property. 3. No construction would occur on the remaining 97% of the 284 acre property -He said the Convent chapel and retreat center supposedly represent 3% of the property; however, the development footprint and human activity would occupy approximately 28 acres of the property. Meeting 98 06 Page 4 4. The Convent buildings would be visible only from areas where the homes of the Convent's neighbors are presently visible—He disagreed, stating that the buildings will be visible from areas along Skyline Blvd. to the south of the property and also from proposed trails on the central ridge. 5. More than 100 trees would be planted—He said the success of the landscaping plan is questionable. The District has not seen a successful plan of this scale in a coastal scrub area. 6. The Convent has reduced the footprint of the Convent buildings, lowered the grade, moved the buildings off the ridgeline. —He said that while it is true that the footprint has been reduced and the grade lowered, the buildings remain on the ridgeline. 7. There would never be any subdivision of the property—No subdivision is proposed but he pointed out that the auxiliary building remains part of the project and it is on the RM parcel near Skyline Blvd. 8. There would never be any development on any ridge top on the property— He said it was his understanding P that the chapel and the Convent still remain on the main east/west ridge. D. Smernoff asked C. Britton if the religious affiliation or the proposed purposes of this development had ever been part of the consideration by the staff of this project area. C. Britton replied that it absolutely had not. Colleen Doherty, attorney for the Convent, introduced Mother Isihia of the Russian Convent of Our Lady of Vladimir who said she was speaking on behalf of Mother Superior Abbess Eugenia and the Convent. She said this was a difficult time for them because by their monastic rules they should be in church at this hour. She said this is the time of Lent and described the historical observance of Lent. She said they travel the same journey as those people did 1,000 years ago and that the prayer service and principles of spiritual labor have not changed and are unshaken by the changing tides of men's philosophies in each age. She read a prayer by St. Ephraim, the Syrian, stating this was the backbone and constant striving during this time. Mother Isihia said often when there seem to be two opposing parties, the origin of the tension may come from half heard conversations, assumptions from emotional judgement, or from third hand information. In review of how they arrived at this point, they found that the premise from which they started were of two unfortunate, but amendable, beginnings. Mother Isihia said a pre-result posture is not always a sign of authority but can be perceived as an authority with a closed door and preconceived judgement, not open to receiving from the concerned party. She said the tension made the negotiations very difficult and at the end they were given three alternatives: Meeting in 98 06 Page 5 1. To sell the land— She said by necessity they cannot sell the land. 2. To buy a neighbor's home and their land—By moral ethics they cannot buy out a neighbor's home. 3. To cut half of the trees in the small woods in order to move the buildings over for the beauty of the scenic view—By environmental stewardship they cannot cut the trees and change the ecological climate of that portion of the land. She said they are asking the District not take a posture of no compromise, but take into regard their data that they have found a suitable habitat and find the posture of experienced and human wisdom. She said monastics are people who depend on God and the good of the people. She drew parallels between the monastics and animals in their quest for a home. She described the history of the monastic communities, which began in the 1600s. She said the monastic life is unlike the activity of developers. Monastic communities were respected as stewards of their environment. She described a typical day in a monastery. She said it is clear that their lives do not coincide with builders of worldly society but more closely parallel those who are preservers of tradition and the work of the hands and the environment. She described the persecution the order had suffered, having lost their land in both Russia and China. She also described their experience in the United States and their search for a suitable home. She asked for the Board's consideration and wisdom in making their decision. Michael Klestoff(no card), real estate broker, said it is very difficult to build anything on the coast. He said the decision should not be made lightly because for the Convent, this property is irreplaceable. He said the offer of finding another piece of property is generous but unrealistic. Don Wolfe, planning consultant to the Convent made the following points: 1. The proposal is in conformance with the general plan, the local coastal program, and the provisions of the resource management ordinance. 2. There are no zoning variances or exceptions to any county ordinance or planning standard required. 3. The plan has received preliminary concept plan approval from the county. 4. An EIR is being prepared on the revised concept plan. 5. Subsequent to the EIR they will seek a use permit. If the conditions are not met, the use permit can be revoked. To date 42 conditions have been applied to the preliminary master plan, and he said there will be more. Meeting 98-06 Page 6 He described the project. In terms of offsite planning impacts there will be very little vehicular traffic for most of the year, and the monastic environment is noiseless and quiet. The core of the proposed 18,000 sq. ft. project is the Convent which houses 18 sisters, and contains a refectory, a library, offices, a bakery, a kitchen, a workroom and other ancillary rooms used in the nuns' day to day activities. The 2,400 sq. ft. chapel contains a maximum seating capacity of approximately � g roximatel 60 con a ants.. Mr. Hoover, architect, pointed out the features on a graphic board. He talked about the development site, stating it was located on a saddle between two promontories, not on a ridge top. He said they believe this is the ideal site for the Convent because it is sheltered by trees. 1. He said the buildings will be painted earth tones. 2. No tree removal is required. 3. It requires very little grading and site preparation. 4. It is not located in a scenic corridor. 5. The site provides vistas which add greatly to the monastic experience. 6. It is screened from all but one neighbor. 7. The site is quite private and buffered from road noise. 8. It is not located near sensitive environmental habitat. He said they considered three alternative building locations as suggested by District staff and others. These proved unacceptable for the following reasons: 1. They resulted in greater exposure to road noise. 2. They were more visible to the neighbors. 3. They were visible within the scenic corridor. 4. Significant tree removal was required. 5. Greater exposure to prevailing winds. 6. Loss of valuable vistas. 7. Increased grading because the project would become hillside project. 8. The project would no longer be a single-level project. He said the project also consists of a 5,500 sq. ft. two story retreat center which r houses a caretaker and priest, and a 24 space off road parking area. He said the auxiliary structure is not currently in the plan, but it would be part of the 3% of the Property. He cited the following changes in the concept plan since the original submittal. 1. One building was eliminated. 2. Reduced perimeter footprint. 3. Reduced number of cells where the nuns would live from 20 to 18. 4. Lowered the visual high point of the Convent and chapel by 5 feet. 5. Committed the placement of at least 90% of the 284-acre site in enforceable open space or conservation easements and partial sale to the District or other qualified entity. 5. Relinquished all rights to future subdivision. 6. Provided for reasonably located public trails. 7. Reduced proposed transfer of density credit from 3 to a maximum of one. Mr. Wolfe summarized that the master plan has been carefully conceived and continually refined to be extremely environmentally sensitive, and to reflect concerns of neighbors, the District, and San Mateo County. All environmentally sensitive habitat and scenic values are protected, therefore they believe there are no planning reasons that this property cannot be symbiotically shared. Mr. Klestoff showed photographs that addressed offsite visual impacts. Meeting 98-06 Page 7 Cathy Crane(no card), owner of Yerba Buena Nursery, described trees and shrubs and showed what would be done. She said the nuns told her they wanted to know more about the trees and plants that were native to the area and wanted to incorporate those into the plans for the site. She described the trees and shrubs which had been selected and said they would provide food and shelter for the animals. Screening of the buildings will be effective quickly because the native plants selected are large and fast growing. She said Jim Lord Landscaping will install and maintain the plants and has had a lot of experience with successful landscaping plans using native plants. She said the nuns' willingness and interest in using appropriate native plants is to be commended and will be a tremendous asset to the wildlife with whom they will share this land. Mr. Klestoff showed slides of the property indicating where planting would occur, views of neighbors' property, the relationship of the building site to the neighbors, and the view from the ridge. He said the buildings will be placed against an 80 ft. grove of trees in a saddle, and would not be visible, especially when the trees are planted in front of it. He showed a slide showing a balloon at the height of the chapel dome and said they had agreed not to paint the dome gold. Other slides showed views of the property from various locations including Skyline Blvd., Highway 92, and Highway 1 and Mr. Klestoff said it would be very difficult to see the buildings. Colleen Doherty said the Board had a very difficult decision to make tonight and that the majority of the 400 people at the meeting were opposed to the District condemning the property. She pointed out that almost all the issues identified by staff and the concerns raised would be resolved in the District's favor under the Convent's proposal. She reviewed the District's expressed priorities and interests as follows: 1. Protection of wildlife: All the environmentally sensitive areas have been offered to the District. 90% of the property will remain as permanent open space. The District has been offered to purchase 60% of the property which includes all of the areas identified by staff such as the steelhead habitat and the Mills Creek tributaries. She referred to the District's consultant's studies of wildlife and vegetation that were attached to their letter outlining their objections to the District's demand to take the property by eminent domain. In addition, the Convent is involved in a thorough environmental review process with the County. 2. Potential of trails for the public: She said the Convent has offered the District the prime area of the property, including the scenic views, areas that are pristine open space, and the highest point on the property. She said this took some sacrifice on the part of the Sisters and all they were asking in return was that their privacy and security be honored and protected. She said she found it was not credible to say it was not possible to site trails in the property without affecting the steelhead habitat when the Convent has offered them such substantial parts of the property. i Meeting 98-06 Page 8 3. Scenic qualities on the site: She pointed out that the District would be getting all scenic ridges shown in the slides tonight, certainly the most significant ones with the most spectacular views. She emphasized the dome is eight feet in diameter which is quite small and had never been intended to be reflective. No pristine view will be ruined by the buildings. The existing development will be far more visible. She repeated that they dispute the description of the buildings being located on a ridge top, and said the trees will be at least twice as tall as either of the buildings. She said if the District decides to do nothing, 90% of the property will remain in open space. Ms. Doherty reviewed the history of the project, stressing the Convent's willingness to take into consideration everyone's concerns. She said the property had never been in public hands and any public use of it has been while it was privately held. She asked that the Board consider the property as a home for a r would not be frequent visitors to the small group of religious women and there ou q site. She said that there are nine nuns now and might be 20 in the future and the monastery is designed for their own use. When they are not in prayer they will be restoring icons, gardening, studying, and similar activities. She said this was in no way equivalent to 10-16 single-family homes, apartments or a hotel. She repeated that subdivision of the property is not possible. In regard to the density credit, she said the County will not let them use the density credit on this project and it might be used for a small auxiliary residence sometime in the future. She said they must be careful not to impinge on the free practice of religion. Ms. Doherty said the Board had to make findings if they take they property. She highlighted he main points as follows: Public interest and necessity requires the taking of this property- She said they cannot make that finding; all of the District's objectives can be met through the Convent's proposal. Protection of wildlife, public trails, scenic views are all protected. There is no incursion into previously undeveloped areas and 90% of the property will remain in permanent open space. She said public interest is served by having a monastery in the community. The project is located in a manner that will be most compatible with the greatest public good and cause the least private injury. Public good must outweigh the private injury. She said public good includes homes for the religious in a manner that is most protective of the environment. The private injury is that if this does not go forward, this order will die out. She said the District's ordinances require that they make certain findings including that the District can only use eminent domain where all reasonable attempts and voluntary negotiations fail. The project as designed would be a significant asset to the community. She asked if they are saying there is no room in our communities for the religious. The project meets all requirements. Regarding the property being a high priority for the District, their documents showed it as ranked lowest. In addition, no overtures have been made to the owners since 1980. She said they must also make the finding that the property is threatened by development or significant degradation of natural resources. The District's code defines"threatened by development" as those instances where a Meeting 98-06 Page 9 subdivision is proposed. She said they also cannot make the finding of"significant degradation of natural resources"when less than 3% of the property will be affected by the project. She said the District states it does not want to use eminent domain unless the property concerned is an open space of critical importance, or is under some dire emergency such as immediate destruction of natural resources or clearing for development purposes, and that even under such urgent circumstances eminent domain would only be used as a last resort. Ms. Doherty referred to the factors contained in the District's Master Plan which would be considered if they decide to use eminent domain: The amount of public support for their action-Most of the letters the District received were opposed to their action. The cost of the acquisition-If they do nothing there is no cost to the District and 90% of the property would remain in open space. She said if they work with the Convent's proposal, they will purchase 60% of the property for a fraction of the fair market value and will get almost everything that has been identified as desirable on this property. If they take the property the cost will be well in excess of a million dollars. Consideration of potential actions by other governmental agencies- The Convent is in the midst of an environmental review process, they are preparing their final plan, there will be full public hearings, and there will be lots of conditions attached to any use in the property. She said she thought it would be improper for the District to prevent that process from going forward. She said she thought there were only two issues dividing the two parties: 1. That it would be easier to put trails on the only part of the property where the Convent can put its buildings. 2. The issue of whether anything will be visible from half a mile from the property. She said if they choose to take the property they would do it against their own policies, and against clear public opinion. She mentioned the past Grand Jury investigations of the District and said this is the wrong kind of publicity for the District and people who care about the environment. She said the letter to State Director of Conservation did not comply with Government. Code Section 51291(b)because it was not submitted 30 days prior to the hearing. She said the code sections cited were not applicable because of the District's proposed recreational and park use of the property. In addition, the Government Code Section 51292 findings required in the code cannot be made by the District Manager because that action would violate the Brown Act. Carrie German(no card) said she lived on Skyline 2 miles south of the property. She said trails would disturb the land, animals, and neighbors and that there was room for both public and private open space. She said she felt that clearing the trails was much more degrading to the property than the proposed use. She said the nuns must abide by the restrictions placed on them by the County and that they could not be met by anyone else. They are willing to abide by the restrictions, and she felt the project meant the end of future development in the area. She said Meeting 98-06 Page 10 transferring the density credits will limit future development on the coast and that she saw history in the making. She said building a Convent would be in the intent of the original gift of the property and that should be honored. She questioned the information given at the site meetings, saying the questions were misleading. She said the District had promised that the property would be open to the public and asked about the entrance, parking lot, kinds of trails, visitor center, and what is to stop the District from selling or trading this property. She said she was more inclined to believe the nuns. RECESS: 10:15-10:27 P.M. Mike Klestoff showed the location of the property offered to the District for fee title. Ms. Doherty said the property had never been surveyed, and they had been told it was 284 acres, only 3% of which would be affected. P. Siemens asked what would prevent future development. Ms. Doherty said County regulations would not allow it. P. Siemens asked if there were anything in the agreement that would ensure that the use is retained as monastic. Ms. Doherty said the use permit runs with the land, not with an owner, and that in the Russian Orthodox Church, once a church is consecrated it must remain as a church. K. Nitz asked about fencing on the property. Ms. Doherty said they had asked the District to provide fencing and screening along all areas where trails would be close to the District border. Kathleen Klestoff(wife of Mike, no card) referred to the book Peninsula Trails and paraphrased a story about ecology and nature. She offered the choice of cooperation which she said was defined ecologically as the interaction between organisms that is largely beneficial to all those participating. Phyllis Annette (no card), homeowner on Kings Mountain, spoke in opposition to the action of the District and in support of the Convent's plan. She said there has been a lack of understanding and a negative attitude toward monastic life which has persisted from the beginning of the proposal. She said their community had been divided. The Convent had responded with compromise, and she did not think the land could be in more caring hands. She said this was not an occasion for the use of eminent domain and that it was an unjustified and uncalled for exercise of governmental power, and that the Convent does not pose a threat to the environment or open space. Donna Rodewald (no card), Kings Mountain, said she has tried to see the Convent site as she drove along Skyline. She said she had carefully concluded that this action is environmentally sound and that the move to take the property makes no sense and is ethically wrong. Father Stefan Pavlenko, Pastor of Russian Orthodox Church, 744 El Camino, Burlingame, said most people only know about the proposal because of the action taken against the Convent. He said the previous speakers had expressed his feelings. Meeting 98-06 Page 11 Dr. Linda Huntimer, 22400 Skyline Blvd., #9, La Honda, said she was an environmentalist and president of the Russian Educational Program for the Disabled. She said she was impressed with the presentation about how environmentally sound they will keep the area. She said she shared Ms. Klestoff's views. She described her work in the 380 campaign, the highrise development in Pacifica, and the Sneath Lane project. She said she believed the nuns would be the best stewards of the property and that she did not believe in eminent domain unless it is an absolute last resort. Dr. Alexander Voshchenkov, 135 Campo Bello Lane, Menlo Park, expressed disappointment in the Board's position. He said the nuns are offering a win-win situation and that using eminent domain was taxpayer and tax abuse. He said those opposing the project have built homes on part of the property and they are clearly visible. He said if the District really wanted to keep the land pristine, they should use eminent domain to buy those houses and tear them down. He said the nuns would not disrupt the environment. He did not believe there had been good faith negotiations. Barry Stevens, 3265 Fair Oaks, Redwood City, representing ROMP, said ROMP supported the District's acquisition of the property to prevent development and believed it was consistent with Board policy and its founding purpose. Michael S. Danich 1870 27m Ave. San Francisco representing St. George Pathfinders, said he could not explain why the District would spend money to buy this land when it is being offered to them to remain in perpetual open space. He said he supported the District adding the coastside to their lands. He said he had never felt the nuns to be a threat to anyone. Elise Jauch, 112 Ware Road, Woodside, Save Skyline Open Space, said she h this area is truly hi f ens ace. She said appreciated the District's stewardship o op p y special and that everyone is in agreement that this is magnificent land which is worthy of protection. She urged the District to acquire the property for the future and not to bow to development interests. She asked that the Board represent the future generations and the wildlife. Kathleen O'Connell-Sundaran, 4718 Meridian Avenue, Suite 266, San Jose, President of Santa Clara County Taxpayers Association, expressed the Association's concerns about the use of eminent domain. She asked how the Convent's provisions were incompatible with the overall goal of open space. She talked abut the District's authorityto designate some assessed roper tyas surplus lus property, and said this appears to be more incompatible with the overall goal of open space than the Convent's offer. She asked if they could legally bind a future board to never divest of the property. She said there had been some questions about just compensation in previous eminent domain proceedings by the District and that they had been investigated by Grand Juries in the past. She said they are requesting a comprehensive audit of at least five years to assess the District's ability to pay for safety, maintenance and upkeep of the present properties it oversees and the ability to purchase more properties. In addition, they would like Meeting 98-06 Page 12 to know the amount of property tax that would be lost due to the removal of the property from the tax rolls. She asked that they delay their action pending clarification of the issues. Pat Shrum, Executive Director of Santa Clara County Taxpayers Association, said they were there to offer another solution to the problem. She said if the District files an eminent domain action against the Convent, the alternative they have is to file a referendum petition campaign against this action. She offered technical support in such a campaign. John Berwald, 261 Creekside Drive, Palo Alto, said he was impressed with the grace shown by the nuns at this meeting. He thanked the Board for their contributions to enhancing open space and applauded the District's goals to acquire and preserve open space. He stated emphatic opposition to the imposition of eminent domain and cited the reasons for his position. He said he believed that the District had the opportunity to attain most of is goals by responding in good faith to the Convent's offers. Bob Ptacek, P. O. Box 1177, Montara, said he considered himself an environmentalist. He said that using public funds for the benefit of a small group or individuals is against the law. He said the nuns' offer meets their objective and asked the Board not to condemn the property. He said if they do they will send a message to the coast that they do not want to send. He encouraged the Board not to condemn the property because he thought it would go against their objectives. Vit Eckersdorf, 78 Shearer Drive, Atherton, said he had served on many advisory boards including the Grand Jury. He said he was proud to be an American of Russian heritage and was worried by the power of condemnation assumed by bureaucratic agencies without consideration of taxpayers. Jonas Ionin, 3321-17' St., #21, San Francisco, planner in San Francisco, said he applauded the District's concern for the preservation of open space. He said he didn't think the Board realized the injustice it would be committing by taking the property for the Convent. He said he felt the system often overstepped the boundaries in the name of public welfare and asked them to consider what they are gaining by taking. He stressed that the nuns want to build the Convent in an area already developed. He repeated that the nuns are preserving 90% of the land at no cost to the District or the public. He said he trusted that they would rule not to take the property. Elaine Tschorn, Redwood City, said the San Mateo County Planning Commission unanimously approved this project which she had heard was unusual. She supported the Convent and added that traditionally Americans have welcomed religious institutions into their communities. She said the greatest public good will be had by having the nuns in the community. Ray Tschorn, Redwood City, said he has seen a lot of changes in the area and that he supported the Convent's proposal. He said there would be more traffic with Meeting 98-06 Page 13 public use of the property. He talked about the Sand Caves and what had happened there since the District took it over. He said if they did take the property he thought they should consider naming it after the Convent. Tamara Piulle, 960 Glennan Drive, Redwood City, quoted from a press release regarding keeping land in private ownership but preventing development. She said they had gathered 473 signatures in two weeks asking that the District not condemn the land and presented the petition to the Board. Dave Perrone, 316 Ridge, Woodside, Save Skyline Open Space, said he was in favor of having the land protected by the District and that it was important to remember that you can't build 18,000 sq. ft. of anything and remain in harmony with the land. He said the human species is taking over the planet one piece at a time and requested that the Board consider their duty to other species. AI Bell, Committee to Save Skyline Open Space, 12130 Skyline Blvd., Woodside, commented that the 40 acre subdivision is mentioned in the nuns proposal for the project. He said a house had been added back to the plan in the area behind the other neighbors. He described what had happened to the ranch he grew up on, and said this is an 18,000 sq. ft. development. He said he supported the District acquiring the property and commended them for attempting to find a more suitable home for the nuns. Richard Bourke, P. O. Box 7207, San Jose, said he thought there was a dangerous precedent being set if the District decided to use eminent domain. He said people have a God-given right to own real estate. He talked about the environmental problems he thought existed at Mt. Umunhum. He said he was opposed to the Convent having to give up any land and said he felt the District ought to reconsider the development at Teague Hill. Dale Djerassi, 2600 Bear Gulch, Woodside, said people in the Kings Mountain area feel they might be a target for eminent domain in the future and need to be reassured why this is an extraordinary measure they are taking. He said he had found the District responsive to a situation regarding a large number of mountain bikers using property in his area. Speaking as a taxpayer interested in the preservation of open space, he said he didn't think there should be any new development on Skyline at all and that the District should explain exactly what they are doing. If they are prepared to compensate fairly and help the nuns relocate, he felt they should make it clear they are doing that. Harry Haeussler, 1094 Highlands Circle, Los Altos, said he was a strong advocate of property rights in this country. He asked which was more important-humans or animals and said he was for the human race. He asked why there were no replies to correspondence listed in the agenda. He suggested that the District save money because the Convent is giving them what they want David Blackmer, 12270 Skyline Blvd., Woodside, Save the Skyline Committee, said he and his wife didn't know the difference between open space and public Meeting 98-06 Page 14 open space until the Convent posted their property with no trespassing signs. He urged the Board to resist the skillful public relations efforts and accept the staffs recommendation. He said that action would be consistent with the public trust and their mission statement. Julia Bott, 3921 E. Bayshore, Palo Alto, Loma Prieta Chapter of Sierra Club, urged the Board to adopt the proposed resolution of necessity. She said the chapter had adopted a position supporting the acquisition of this property through any means necessary by the District. She said one of the important things to consider was that encouraging development in the urban/rural interface was courting disaster. She said it was the role of Districts like this to purchase the land and justly compensate the owners. She said the chapter believes the District's proposed action is consistent with their role and mission. She said they should consider the open space value of the property, but those who are sponsoring the development should not be included in their deliberations. She said they believed that the District is committed to being good neighbors and to meeting their mission. Bill Prince, 17280 Skyline Blvd., #102, Woodside, said he was in favor of the acquisition because it doesn't directly affect anyone's home and the nuns would be generously compensated. He said the development was far too large for the area and that habitat fragmentation was far too severe. He pointed out that 3% of the property is over 8 acres. He expressed concern about what would happen when and if the Convent became non-viable, about the use of density credits and about the Williamson Act. He spoke about the aesthetics of open space and what a rare resource it is. Georgia Stigall, 17287 Skyline Blvd., #102, Woodside, resident of La Honda, said she thought this was a real tragedy that had been perpetuated by the media. She said she was an advocate for native ecosystems and was adamantly opposed to the use of condemnation in places where people have made their homes. She said she made a distinction for this land as it is a critical piece of habitat land and we need to quit breaking up the habitat. She said a significant part of her land is off-limits to any humans. She said she felt that acquiring this property by eminent domain is consistent with the mission of the District which includes protecting native ecosystems and preserving public open space. She hoped the sisters could find a home in which they could feel peaceful. Jessica Agramonte, Skyline, Save Skyline Open Space, urged the Board to preserve the property for future generations to enjoy as open space. She said she was a clinician who works with disabled persons and had testified previously about the rareness of accessible open space. She said this property is uniquely accessible for people with physical disabilities, but the 60% of the property the District has been offered is not accessible. She said the developer plans to cover the entire ridge top and block a vital wildlife corridor. She urged them to preserve the property. RECESS: 11:55 P.M. -12:05 A.M. Meeting 98-06 Page 15 Olga Zavadsky, 202 El Prado Ave., San Rafael,Nashi Vesti Magazine, said she was in favor of the Convent project. Wim de Wit, 1514 Mitchell Way, Redwood City, quoted the California poet, Robinson Jeffers, John Muir, and Henry David Thoreau. He asked why the sisters in their autumn years of fife were willing to threaten the beauty created by Him whom they venerate. He said the land under discussion must be part of the Bay Area greenbelt and the Bay Area Ridge Trail. He said preserving land is a difficult task and takes wise people. He asked that they do everything in their legal power and moral conviction to save this land for the best interests of all the people. Jill Kilty-Newburn, 10698 Mora Drive, Los Altos, said she was heartened to see so many people come out and speak about the issue. She said she disagreed with the annexation of the property and that there must be a mutually beneficial agreement that could be reached. David Bomberger, 2021 Arbor Ave., Belmont, recalled when the District was considering its eminent domain policies in 1985. He said this was a public policy decision and it needed to be made on the basis of value of the parcel as public open space and the long term plans that the District has for fulfilling its obligation to the community. He said public policies adopted by a community often have specific impacts on properties, and many times there is no financial compensation for perceived losses in value. He pointed out that in this case the church will be full p p Y compensated and that the District would simply be preserving all of an important fundeveloped roe As a citizen of this community he asked that the piece o Pproperty.rtY tY Y acquire the property. Zoe Kersteen-Tucker, 776 Buena Vista St., Moss Beach, Coastal Open Space Working Group, said she was aware that the nuns needed to find a suitable home but was opposed to allowing any single group to develop threatened open space land in the coastal zone. She said she had no doubt that this was an intensive residential visitor-serving development. She was also concerned about this action set a precedent of development on land that is under a Williamson Act contract. In addition, she said she was concerned about the visibility of the project from several places and about future development on the property. She said she believed that the most equitable use of this land was for the District to purchase it and place it in public trust in perpetuity and at the same time work to find a suitable home for the nuns. Pauline Lord, 530 Menlo Oaks, Drive, Menlo Park, expressed appreciation for the District's commitment and hard work in protection of exceptional open space. She said she strongly endorsed the goal of maintaining the site entirely as open land, even if it meant acquiring it by eminent domain. She asked questions regarding the long-term prospects of the convent and what guarantees there were that the property would not someday be sold and subdivided. She said the order already owns a church in Moss Beach and asked why they require another peaceful rural site. She asked if their objective to"interfere as little as possible with existing biotic species and to restore and maintain a harmonious relationship with the Meeting 98-06 Page 16 natural surroundings" wasn't at odds with a large, visible fenced-off development. She said the impacts were far too severe to sanction this development and she hoped the District would proceed with acquiring the land for its preservation as natural and undeveloped open space. Lennie Roberts, 339 La Cuesta, Portola Valley, Committee for Green Foothills, said she was speaking as a founder of the District and one of the key people in the campaign to annex southern San Mateo County to the District in 1976. In the 26 years since the District was formed, she said this was the first time she had personally appealed to the Board to acquire a particular piece of property. She said the Committee for Green Foothills had already sent a letter urging them to acquire this property by eminent domain if necessary and she believed it was the only fair and equitable way to resolve several issues involving this proposal. She n t precedent-setting accommodations being made ' she was very concerned about said ry P g g at the County level for this project. She referred to the density bonus of 10% which was being allowed because the project sponsors have volunteered to restrict their development to less than 20% of the site. She said this was no great sacrifice since 80% of the site is not developable anyway because of the steep slopes. She said the development as approved by the county so far will have 22 permanent residences, 8 units for overnight accommodations, which is akin to a motel, and conference facilities for up to 80 people. She said this development is very similar to that of Cascade Ranch which they also opposed on similar grounds. Regarding the limits in the use permit on the number of days and the number of people that the visitors facilities can be used, she said once a large investment is made in buildings and infrastructure, if the church does decide it needs to use these more the county will find it impossible to deny the additional use of these facilities. She said she could not recall the county having revoked a use permit for violation of conditions. She asked the Board to weigh all the factors very carefully and said she hoped they decide to provide a fair and equitable value to the church and to work with them to find another site. John Kochergin, 888 Mango Ave., Sunnyvale, said when his mind had a question he could go to open space and find answers. When his soul had questions he could only go to church. He said he did not know of any other place that combined the qualities of both. The Convent would be preserving nature and helping people spiritually. Trees will be added. Mr. Kochergin read from a newspaper article comparing the development to a motel and said he disagreed with it. He said that he, as a resident of the District, knew that this project is what current and future generations want. Patricia Wurster, 47 Forest View Road, Woodside, Save Skyline Open Space Committee, said she lived on the edge of a preserve and is practically surrounded by open space. She thanked the Board for their dedication, efforts and successes in preserving open space and expressed concern about development. She said she considered this part of Skyline to be one of last outposts of the west coast and hoped they would do what they could to save the open space for all species. Meeting 98-06 Page 17 Water Droste, 12475 Skyline Blvd., Woodside, said this land should be in public ownership and urged the imposition of eminent if necessary to acquire it. He said the development by the church involved overnight accommodations for a number of people, which equated to a hotel, and this property is not suitable for a hotel. He said the property is unique and should be permanent open space. Richard Geiger, 714 E. Charleston Rd., Palo Alto, said he had read in the newspaper that the District's spokesman had said they were not taking anyone's property. Mr. Geiger said he disagreed with the use of eminent domain against the Convent. Also, he was offended by the comparison of the project to a motel. He said many aspects of this point to religious persecution and that no action is being taken toward a nearby subdivision or thousands of acres in Portola Valley where property is being developed. Oleg Reozitt, Novato, said open space is wonderful but balance is also wonderful. ri d other open ace agencies manage thousands of acres He said the District an p p g g , and the District is adding to their preserves all the time. He assumed most of the additions were amicable and wondered why they have to use strong arm tactics to take over this piece of property. He said a lot of people who want the District to w acquire this land are people who live nearby. He said if this parcelwere his he � would fight for it because private property, private enterprise, and private achievement are the backbone of this country. He asked why buy 280 acres at over a million dollars when they can have 250 acres free of charge. He said the n n id everything b the book and the right thin to do is take their offer and Convent g Yg let them build their modest monastery where they will do good work. Mr. Reozitt said he had easilycollected over 60 signatures against the eminent domain action. b'n g Brian Cason, 9 Quail Court, Woodside, spoke in favor of acquisition of the property, stating that while it would be nice to provide a home for the nuns, this could not compare with the greater public good achieved by preserving this unique, beautiful, ecologically important property as open space. He said it is unequivocally threatened by development. He said the District has negotiated in good faith and has been unable to reach a compromise. He asked them to vote in favor of acquiring the property and added that he did not think the Board should be intimidated by vague threats concerning a Grand Jury investigation. Les McDonald, 445 Church, San Francisco, property director for the Roman Catholic Archdiocese of San Francisco, read a letter supporting the Convent from Monsignor Robert McElroy, Vicar for Administration, Roman Catholic Archdiocese of San Francisco. Monsignor McElroy had written that the nuns are not corporate developers and would be good stewards of this site. He asked that they agree on a plan that would accommodate the Convent's needs with the valid preservation of the land. John Messina, P. O. Box 51148, San Jose, said he had been very concerned about this construction but after investigating thoroughly was more concerned about how the project had been misrepresented to the public. He said the District had promised when it was formed that it would never use eminent domain to force Meeting 98-06 Page 18 anyone to sell them their property. He said this is the nun's home, even though they have not yet moved in. He asked if District representatives had permission to go on the property to take the photos Mr. Woods had shown this evening and was informed that they had permission from the Convent. Ed Cydzik, 343 Bluefish Ct., Foster City, said he was against the District's acquisition of property and reminded the Board that this is private property and the nuns' future home. When asked, President Crowder said all Board members have walked the property. Mr. Cydzik described his walks on the property and asked how many who were at the meeting had visited Mission Street lately. He read from the first sentence of the second paragraph of the Declaration of Independence and said the nuns have bent over backward for everyone. He thought the District was about to trample on their rights. John Harris, 2500 Sand Hill Road, #210, Menlo Park, said the District was proposing to deprive these people of their property which they acquired lawfully and propose to put to a lawful use. He said they call themselves environmentalists, and compared environmentalism to religion. He said environmentalists have no right to practice their religion at the expense of others. He said the nuns have a right to use the property as their home and a place of worship. He said the power of eminent domain should not exist in our country and that the founding fathers intended that it should be used only in times of great peril and for gravest necessities. He urged them not to abrogate the right of these people to enjoy property they have lawfully acquired. Serge Loukianoff, P. O. Box 1127, Burlingame, expressed opposition to the r b eminent domain. He asked the Board to examine acquisition of the property q P P rtY Y what they are forfeiting because the next Board may seek to acquire property owned by some of the people who live in the area and are gun owners. Bob Bynum, 761 Towhee Court, Fremont, said he was Vice President of the singles section of the Loma Prieta Chapter of the Sierra Club, and editor of a newsletter. He said he leads 30 hikes a year in District preserves and encouraged the Board to preserve the property as open space. Mr. Bynum expressed concern about any development in open space because he believed it could set a precedent and that it is becoming increasingly hard to acquire open space. He expressed sympathy for the nuns' cause but asked that the District preserve the open space. Walter Stamirowski, 2560 Sherbome Dr., Belmont, said he supported convent and felt strongly about their right to build something on their property. He said he felt that eminent domain is legalized land grabbing and did not believe that should happen. He said he believed that property rights are sacred just as freedom is, and believed that this basically usurped people's freedom. He urged the Board to make the right decision and support the Convent. Kathryn Aranda, 687 Spindrift Way, Half Moon Bay, wrote on a card, "Unable to remain at public hearing late enough to testify", and, " I am opposed to exercising rights of eminent domain on the property owned by the Russian Convent." Meeting 98-06 Page 19 Helen Gordon, 9 Quail Court, Woodside, (this one was marked"Written Communication"): "I strongly support the MROSD's proposal to acquire the land of the Russian Convent for public open space. The ecological and scenic importance of this property cannot be underestimated! Although I am sympathetic to the nuns' need for a permanent residence, I believe that other sites are far more suitable. I feel in the presentation today by the nuns' lawyer that many misrepresentations and omissions were made. Firstly, most of the audience "Convent supporters" will never see or visit the area and have no knowledge of the important need to conserve this area as open space. Secondly, I am appalled by the thinly veiled threat of a grand jury inquiry should the District proceed to acquire the land for open space. But my greatest concern, perhaps, is the total omission of the repercussions that allowing the nuns(or whoever)to circumvent the Williamson Act will have on development of lands all over the state. Clearly this is not in the spirit of the Williamson Act at all, no matter the purpose of the development or its good intentions. Please preserve the natural beauty and permanent wildlife habitat for all. Thank you." C. Britton responded regarding the following points: • Visual intrusion of existing improvements and suggestion that the District buy existing improvements and tear them down-He said this is something they do not typically do and cannot afford to do. He said the difference is that there is no development on this property and the District can do something about it, whereas there is development on the other parcels and they can't do anything about it. • Use of the word threat-He said his statement was, "due to unsuccessful efforts to reach a satisfactory settlement and the eminent threat of development. . . " • Questions about whether the District might resell this property-He 1 will be dedicated as open n r which said the and referred to the staff report p P space and as such it would take a vote of the electorate to ever dispose of it. • Review by Grand Jury-He said that typically grand juries every year select a number of public agencies to review. The last time the District was reviewed was in 1991. • There were questions about Sandstone Caves and the degradation there. He said the property was acquired from a willing seller and they had been heavily vandalized when acquired by the District. He said the District is saving what is left. • Proposal made by the Church to the District - Mr. Britton said there would be a cost to the District of$300,000 for the 60% proposed for the District to acquire. The Convent would be utilizing all development credits so the land the District would acquire would not have any"market value" Meeting 98-06 Page 20 in terms of development potential. The Convent would be retaining 27 acres that would not be restricted in any way except through the planning department. He said he felt the Convent was using about a third of the usable land. • Reply to Harry Haeussler's letter- The letter contained questions about other matters than the one considered at this meeting and a proposed reply would be in the Board's next agenda packet for their review. • District disposing of excess land -Mr. Britton cited the reasons for disposal of the Thornewood and Teague Hill excess parcels. Colleen Doherty spoke in response to the following items: • Many people had spoken about the beauty of the property. She said under the Convent's proposal the District would be getting almost all of that. • Future development- She said the project will be built on the 10%that has not been marked as permanent open space and there will be no other development on that property other than what had been talked about. • Confusion about numbers- She stressed that twice a year 80 people come for a pilgrimage and won't stay on site but in private homes. • Moss Beach property -Ms. Doherty said the property is about the size of a single family home and is on one-half acre. • Suggestions that the County had done something unusual for the Convent- She said they have not, nor had the Convent asked for any exceptions. Ms. Doherty concluded that the vast majority of the property will be in open space and she did not see how the Board could make a finding of necessity to take the property. She said the Convent's proposal would satisfy the interests of the District and the Convent. D. Woods g P responded to the following topics: P • Debate about ridge line- The District considered the site where the chapel and convent are proposed to be a ridge-line and the property due west of that to be a saddle. In addition, San Mateo County considered the site to be a ridge-line when they evaluated it for consistency to the local coastal plan. • Scale of Convent building-Mr. Woods said there will be 10,000 sq. ft. of livable space. What will be visible will be equivalent to a 12,000 sq. ft. building because of the inner courtyard. Meeting 98-06 Page 21 • Master plan valuation-He said the master plan is intended to aid the District in evaluating overall open space values of land and is not an acquisition priority list by any means. It is only one of a number of factors that are considered when the Board is making decisions concerning open space acquisition and a low rating does not mean that an area will not be acquired. Other factors considered are the amount of public support for acquisition, cost, degree of threat of loss to development, importance for certain individual open space functions, and location relative to other public open space land. Mr. Woods said the map had been prepared without benefit of an on site analysis. After an opportunity to evaluate the land it was revealed that there were substantially higher open space values, particularly as they relate to scenic preservation and protection of wild life. B. Crowder closed the public hearing at 1:07 A.M. N. Hanko said she hadn't been able to go through the letters received at the meeting, but as of last night they had received 180 letters on this subject, 92 from within the District. She said she felt she should give more attention to those taxpayers who live within the District. Of those 92 letters, 35 said not to use eminent domain and 57 said to use it. She said she was very impressed by the presentation from the nuns, and everything she had heard from staff, who was mediating this, had indicated a great deal of assistance on the Convent's part in trying to solve the problems that the District has. She said she hated to see that cooperation end because she thought they still have much that they share in their love of natural life. She said the major issue she had seen is that the land that should be accessible to the public is where the convent and the chapel are to be built. She had been to the property and said what is being proposed with their alternative is a very steep area for a trail. The only place she could see the public having good access to for a look at the last sunsets on this continent were on the proposed building site. She said that humans as a group have ended up building so much of this continent there is very little left. She said she had come tonight hoping that maybe the District would be able to find another location for the Convent, maybe even on District land and she would like to continue to work toward that end. D. Smernoff said he appreciated the presentation by the members of the Convent and the public. He made the point that this was not a religious issue but an issue of development. He said it was a very difficult choice and he respected and admired the work the nuns do as he respected all people of religious orientation. He said his family came from Russian Jewish background and his ancestors fled Russia for many of the same reasons that the order fled, so he felt he understood religious persecution. He said this is not religious persecution but is a question of development of an ecologically significant area that has open space values that should be preserved for the wildlife habitat value and for future generations. He said it was a difficult choice because of the people who are proposing this development, but ultimately it is a development. The crucial issue is not to allow more habitat fragmentation, and the location does impact wildlife. He said it is important to maintain corridors over which wildlife migrates and allow for genetic Meeting 98-06 Page 22 intermixing of various populations. He said he personally needed to speak for constituents who can't speak for themselves: the wildlife and future generations. He said he strongly supported the District's role in acquiring a suitable location for the Convent and he believed it existed. He said he was personally committed to ensuring that a site is found and that these women find a home. He expressed concern with setting a dangerous precedent of transferring density credits onto Williamson Act property. He said he respected the goals of that legislation. P. Siemens said in conversations with staff he had learned that they consider this parcel a very key one for preservation and had since shortly after formation of the District. He said this fact was communicated to the previous owner so it has never been a secret. After seeing the property and surroundings he too saw it as potentially valuable for open space. After considering the staff report, letters and public testimony, he felt the recommendation involved three issues. 1. He said he believed the property acquisition was necessary for the public good for the reasons given in the staff report. 2. The property is clearly threatened by development which is not appropriate for the ridge line area now; even with the Convent's offer, critical buildingareas are proposed for resent development and most importantly, P P P P P Y, subject to future intensification. 3. He believed his oath of office and his responsibility to the constituents require that he not consider religion as a factor in his decision either for or against a recommended action. He said he would support the recommended actions. I Cyr said this was incredibly difficult, and a lot of energy had been spent on both sides of the question. He said fundamentally it was not an issue of religion but a question of development and the size and impact of developing on the land. Once development was in place it would be virtually impossible to remove it, and effectively potential open space vanishes. He said he believed that his responsibility was to attempt to determine the greatest good for the greatest number for the greatest length of time, and with those considerations in mind he felt he needed to support the staff recommendations. M. Davey thanked the public. She said she was one of the founders of the District. At that time it was their objective to preserve, protect and purchase as much open space property as they could, and they have pursued that objective. Part of that objective was to preserve the green belt around the Bay Area, and she felt this parcel of land was a precious part of the green belt. She said that because of the reasons already stated by her fellow Board Members, she intended to support the resolution because she believed the land should not be developed. She said she believed it was in the interests of everyone in the room, their children and their children's children to protect this piece of open space. She said she would appreciate their goals as the Board appreciated the Convent's objectives. K. Nitz thanked everyone for their concern. He said he was not worried about the 90%but the 10% and where it is located. He also expressed concerns about the Williamson Act problems it entails. He said in deciding this he must begin with the mission statement and principles of the District which were basically to protect and to preserve the land of the peninsula, not just for today but for generations forward i Meeting 98-06 Page 23 in perpetuity. He said he believed he was elected because of his years as an environmentalist, and it was the 60,000 people who were in his ward who were not at the meeting that he represented. He said he also represented those who have no voice who live among us. He said for those reasons he supported the recommended actions. B. Crowder thanked those present for being patient and staying. She expressed regret that Abbess Eugenia had to leave and due to a misunderstanding did not have a chance to speak. She said Convent proponents have invested an enormous amount of time and money in the project and she found it very difficult to vote on this action at this time. She said she felt the District could further explore alternatives to eminent domain, especially as one of the recommendations in the staff report is to engage a firm to search for an alternative site for the Lady of Vladimir convent. She thought this option might be pursued further. Motion* B. Crowder moved that the Board continue this agenda item for 30 days until this alternative could be seriously studied. N. Hanko seconded the motion. N. Hanko asked staff if they needed more time to talk to the consultant as to whether there are lands out there. She said she wanted this to be an important exhaustive study, including District lands. C. Britton said he did not know how long it would take for an exhaustive search but was sure 30 days was not enough time. He said if they passed the resolution at this time, it does not mean that discussions would not continue. He said there is a lot of time between the time the Board takes this action and when they proceed to acquire the property, in some cases a year or more. He said it is staff s plan to hire the consultant and do an exhaustive search. He said one of the problems he thought they were going to find was that they will come up with a number of properties which have to be considered by the Convent and checked out for zoning. This process could take as much as six months. S. Schectman said the Board had the authority to continue this matter and if their sole purpose was continuation for the site survey, that was part of the recommended action in any case. Vote: The motion failed with Directors Hanko and Crowder voting aye and Directors Cyr,Nitz, Siemens, Davey and Smernoff voting nay. Motion: M. Davey moved that the Board adopt Resolution 97-13 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Determining that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as set out in the staff report. P. Siemens seconded the motion. The motion passed 6 to 1 (Director Crowder voting no). Page 24 Meeting 98 06 P g Motion: M. Davey moved that the Board adopt Resolution 97-14 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Finding and Determining that the Public Interest and Necessity require the Acquisition of Certain Properties for Public use, to Wit, for Public Park, Recreation, Open space and Ecological Purposes for the Mills Creek Open Space Preserve, Describing the Property Necessary Therefore and Authorizing and Directing its Retained Legal Counsel to do Everything Necessary to Acquire All Interests Therein(Russian Convent of Our Lady of Vladimir, Inc. Property). K. Nitz seconded the motion. The motion passed 6 to 1 (Director Crowder voting no). Motion: M. Davey moved that the Board adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property Mills Creek Open Space Preserve. J. Cyr seconded the motion. The motion passed 7 to 0. Motion* M. Davey moved that the Board indicate their intention upon acquisition to dedicate the property as public open space. D. Smernoff seconded the motion. The motion passed 7 to 0. Motion: M. Davey moved that the Board authorize the General Manager to enter into an agreement for professional services with Associated right of Way Services, Inc. for site location services at a cost not to exceed $25,000. D. Smernoff seconded the motion. The motion passed 7 to 0. Motion.; M. Davey moved that the Board find by motion based upon the staff report that the property is threatened by development, subject to degradation of natural resources and more than 50% of the fee interest is held by an institutional or commercial entity. D. Smernoff seconded the motion. The motion passed 7 to 0. V. ADJOURNMENT At 1:28 A.M. the meeting was adjourned. Roberta Wolfe Recording Secretary 11al Open L . e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-07 REGULAR.AND SPECIAL MEETINGS BOARD OF DIRECTORS March 25, 1998 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 6:30 P.M. Members Present: Betsy Crowder, Mary Davey, David Smernoff, Pete Siemens, Jed Cyr, Nonette Hanko, and Ken Nitz. Personnel Present: Craig Britton and Sue Schectman. II. CLOSED SESSION B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 6:31 P.M. and the Closed Session commenced at 6:32 P.M. The Board concluded the Closed Session at 7:35 P.M. President Crowder announced that the Board had voted in closed session to direct its legal counsel to suspend the eminent domain proceedings with the Russian Convent of Our Lady of Vladimir and resume negotiations with the convent representatives in an effort to achieve a settlement. Directors Siemens, Cyr, Crowder, Nitz and Hanko voted aye. Directors Smernoff and Davey voted nay. President B. Crowder called the Regular Meeting to order at 7:40 P.M. Additional Personnel Present: Mike Williams, Deirdre Dolan, Malcolm Smith, Jodi Isaacs, and Mary de Beauvieres. III. ORAL COMMUNICATIONS Dave Perrone, 316 Ridge Road, Kings Mountain, Save Skyline Open Space, thanked the Board for all they have been going through regarding the Russian Orthodox convent decision. He had read the written communications and said there were a surprising number of rational letters in favor of the action taken last Wednesday. He asked them to remember that there are 600,000 persons in this District and only 300 were at the meeting. 330 Distel Circle -- Los Altos, CA 94022-1404 Phone:650-691-1200 FAX: 650-691-0485 - E-mail: nirosc3Qopenspace.org Web site:www.openspace.org Bwrr'1 or 0irec ton Pete Siemens,ns,Mary C. Davey,Jed Cyr, David T.Srniernoff, Nanette Hanko, Betsy Crowder,Kenneth t . Nitz «General Manager.L.Craig Britton Meeting 98-07 Page 2 That left 599,700 who did not care or thought they had elected people who did. He said there was a lot of political pressure on Board members now and he understood that San Mateo County had requested that they rescind the action. He said it was the Board of Supervisors that put the District in a position of having to go to an eminent domain action by basically removing it from the normal building practice in the county and approving development of a Williamson Act property. He said the project needs to be looked at as a Trojan horse in that it sets a precedent. He thanked the Board for all of their actions. Richard Bourke, P. O. Box 7207, San Jose, asked for clarification of the Board's action. S. Schectman confirmed that the Board directed Legal Counsel to suspend the eminent domain proceedings (that is, hold the litigation in abeyance) and resume negotiations with the Convent in an effort to achieve a settlement. Mr. Bourke commented that it was good to see so many members of the public show up and thought it was a good statistical sample of how the community felt about the matter. He said he was disappointed that people had to come here first then move, and he did not remember hearing in any open and public meeting that they had decided to hold the hearing. He expressed the opinion that there had been a violation of the Brown Act. He gave Board members a copy of a letter from Congressman Tom Campbell regarding the Woods Road matter. S. Schectman stated that at the March 18 meeting the Board voted in an open, public session to authorize eminent domain proceedings. It was publicly agendized and all actions with respect to this project had been properly noticed under the Brown Act. There was a prior action to authorize an appraisal and negotiations with the convent. C. Britton responded to Mr. Bourke's comments on the location of the meeting and the accommodations that his point was well taken. Al Bell, 12130 Skyline Blvd., Woodside, Save Skyline Open Space, thanked the Board and said he understood their position. He felt newspaper coverage had been very one- sided. He said the nuns were undergoing the same process any other entity would endure for the same type of project. He said the opposition to the project is not coming from wealthy people as stated in the newspapers. He described what had happened when the San Mateo County Board of Supervisors disallowed their appeal of the Planning Commission approval of the preliminary concept plan by a narrow 3-2 vote. He said the concessions the nuns have made are minimal and that a residence of unknown size is planned to the south. He said this is a major religious center. He described what he believed was wrong with the planning process, referring to a previously approved project. He said he hoped the District would not submit to public pressure and rescind their action until those opposed had time to present the true picture to the general public. He agreed that the nuns need a new home and hoped that a mutually agreeable resolution can be reached. Robert Black, 585 Dartmouth Ave., San Carlos, commended the Board on tonight's action and said he thought it was an important move in order to try to defuse the situation. Meeting 98-07 Page 3 IV. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALEND N. Hanko and P. Siemens requested the removal of written communications. Motion: D. Smernoff moved that the Board adopt the Consent Calendar, including agenda item 5,Approval_ of Annual_Claims List Including Debt Service Payments. for 1998-1999 Fiscal Year and Revised Claims 98-06. P. Siemens seconded the motion. The motion passed 7 to 0. VI. WRITTEN COMMUNICATIONS N. Hanko said she thought the first paragraph on page 2 of the draft response to Chris Church was an incomplete answer because there has been no discussion of what taxes would apply on the coast if they were annexed. She thought it should be rewritten so it is very clear that no figure has been discussed at this point. C. Britton agreed and said staff would clarify the current property tax for the existing constituency and add that the level at which there seemed to be public support for funding was at the $1 per month per household level. Per P. Siemens' suggestion, he agreed to add that any tax in a new area that might be added to the District would require a 2/3 vote of the people. P. Siemens asked that the words, "for those new areas" be added to the last sentence of that paragraph. P. Siemens expressed concerns regarding the last sentence of the third paragraph of the response to Matt Hill. C. Britton said it could be expanded to say that until there is a concerted regional effort, including private and public owners, control (of feral pigs) is not possible. Motion: P. Siemens moved that the Board approve the amended replies to written communications from Mr. Chris Church, E-mail: cbriaboddnecotm Mr. Harry Haeussler, 1094 Highlands Circle, Los Altos; and Matt Hill, P. O. Box 305, Ben Lomond, CA 95005. D. Smernoff seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. I —Acceptance of 1998-1999 Insurance Premiums for District's PropeM and General Liability.Umbrella Liability, Automobile. Fidelity Bond- and Public Entity Errors and Omissions Insurance Coverage- deport R-98-39). Meeting 98-07 Page 4 D. Dolan said the most significant change was a 3.5% increase over last year. Skip McIntyre, representing Flinn, Gray and Herterich, of Palo Alto, the District's insurance broker, said they went to 15 insurance carriers to bid the renewals. Approximately two responded to each line item and the recommendations reflect the lowest bidders. Motion: N. Hanko moved that the Board accept the property and general liability, auto umbrella liability, fidelit bond, and public g Y Y entity errors and omissions insurance bid totaling $175,764 from Flinn, Gray&Herterich Insurance Brokers based on the quotations shown on Exhibit 1 from Reliance, General Accident Insurance, Fireman's Fund Insurance, Chubb, and Stewart Smith West for the period of April 1, 1998 through March 31, 1999. J. Cyr seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2—Adoption of the 1998-1999 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional nal Open Space District - (Report R-98-37). C. Britton said the changes suggested by the Board are in the subprograms in italics. He said the Board might not be aware of some of the changes to the planning work program which had come about because of severe winter storms. A chart showing those changes was included in the report. M. de Beauvieres said projects have changed since the January workshop. Storm-related projects were added and some projects had to be carried over from this fiscal year to next. As a result of the additions, the scope of some projects was reduced. M. de Beauvieres explained the term, "certified wood products" on page 2 of Revisions to Chart A, stating there is a scientific organization that oversees all wood product growers. Those who are certified have management practices that are for sustainable yields and generally high quality management practices. She clarified that the Glasspool cleanup was not related to the Air Force base. She said all the projects on Revisions to Chart A have been included in the attachment to the action plan(the planning work program). M. de Beauvieres said storm related damage occurred after January 14, and staff are still evaluating them. They have contacted FEMA and submitted estimates. She said the time frame for completion of the driveway and parking area at Thornewood is late spring or early summer. In answer to H. Haeussler's question about why projects were considered to be new, M. de Beauvieres explained that the asterisk next to projects on this chart meant they were not included in last year's work plan. She said they had tried to make sure the parking lot at Windy Hill was completed before additional trails were developed. Meeting 98-07 Page 5 i Win: M. Davey moved that the Board adopt the 1998-1999 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District. P. Siemens seconded the motion. N. Hanko commended staff for preparation of the plan, stating that it is very clear as to exactly what the District is planning to do on all its preserves. Vote: The motion passed 7 to 0. C. Agenda Item No. 3-&12roval of the Budget for Fiscal Year 1998-1999. a) Administration and Budget Committee Report - (Report R-98-411. J. Cyr outlined the report and said the committee was focusing on becoming more clear about the 6%guideline. He said the rationale for how it applies this year is in the report, and the committee believes they need further work and would like to continue to clarify these issues. Motion* J. Cyr moved that the Board accept the Administration and Budget Committee recommendations to approve the proposed 1998-1999 Budget; approve the guidelines noted in the report for the capital improvement budget; direct the ad hoc Board Appointee Evaluation Committee to initiate a salary review and evaluation for the General Manager and Controller; review the 1997-1998 actual versus budgeted expenditures after completion of the audit; mid-way through the fiscal year review the 1998-1999 budget and expenditure status; review the capital improvement budget to insure the guidelines are working adequately and meet with the Controller for a review of the District's financial status; and, by August 1998, reassess the validity of the target average 6%growth guideline in the operating budget, and clearly establish the methodology by which the guidelines will be determined and applied in future years. N. Hanko seconded the motion. Discussion: J. Cyr said there was no dispute about having the guideline, but they want to re-assess the methodology. C. Britton added that the committee has made a lot of headway having defined the capital improvement budget. They want to come back with information on how the growth guideline is applied so that it will be much clearer to future budget committees. Vote: The motion passed 7 to 0. Meeting 98-07 Page 6 b) Staff Report—(deport R-98-40). C. Britton pointed out a correction to page 2 of 3 of Attachment 1, stating that the total under 97-98 Projected Expense in the Operations Program chart should be $2,528,279. D. Dolan mentioned that staff will be coming back at the next meeting with the Position Classification and Compensation document which will incorporate the 1% salary increase for represented, supervisory and management staff. C. Britton said the staff report includes a summary of the budget which is in accordance with what was presented to the Budget Committee and outlines the major changes. In answer to Mr. Black's earlier question about the increase in reserves 1 h beinglisted as $9.7 million in Exhibit item 2 C. Britton explained that A, P has to do with expenditures from last year's debt retirement, capital improvements, and land acquisition. Motiom P. Siemens moved that the Board approve a one point (1%) salary adjustment for the office, supervisory, and management staff, and adopt Resolution 98-15, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 1998-1999. D. Smernoff seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4—Approval_ of the Proposed Minor Organization Chang for the planning Program_ Including Continuance of the Self-Directed Work Team. and an Acting Appointment to the Senior Planner Position and Authorization for the Filling of an Open Space Planner II Position in Lieu of a Currently Vacant Open Space Planner I Position-(Report R-98-381 C. Britton outlined the staff report and said he thought the team was working well and eagerly supports this proposal. He said they feel that for the first year of the proposed organization changes there will be no budget impacts. During subsequent years there will be an increase that will have to come under the budget growth guideline. The position of Senior Planner is designated Acting because the team has been going for two years and there are a lot of areas in which they need additional training. In addition, the team has not been at full strength and they would like to see how that works out and evaluate it at the end of the fiscal year. They will come back with a recommendation at that time. He said they want to see what the long term commitment will be to a team. There are now 4.5 people on the team and there would be 6.5 if the proposal is approved. The vacancies are on the books now and are currently Meeting 98-07 Page 7 i budgeted. Discussion followed about the benefit of having a Planner II with construction experience on the team. B. Crowder said that while she feels the Board is not meant to interfere with internal hiring, she felt that the appointment to Senior Planner should be permanent, not acting. C. Britton repeated that staff believed the performance of the proposed team should be evaluated at the end of the fiscal year. Motion: P. Siemens moved that the Board approve the proposed minor organization changes for the Planing Program, including continuance of the self-directed work team and an Acting Appointment to the Senior Planner position; and authorize the filling of an Open space Planner II position in lieu of a currently vacant Open Space Planner I position. M. Davey seconded the motion. Discussion: M. de Beauvieres informed Board members that until the Planning Technician vacancy is filled, M. Freeman will continue working on the sign program. One of the projects on the work program is to evaluate the sign program. Mote: The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS M. Davey thanked the Board for sending her to Sacramento to the PCL annual conference. N. Hanko asked for copies of the notification policies adopted in 1986 after lengthy discussion with property owners. Two people had asked her about how the March 18 publicity had been distributed as they had not been notified. She asked for a report from S. Schectman and M. Smith regarding how the policy had been defined in notifying people of the March 18 meeting. C. Britton said the law required a 15-day notice to the owner, which was done. In addition, an eight-day notice was sent to surrounding property owners, all press, individuals who subscribe to the agenda, and names from petitions. More than 200 notices had gone out. He said he thought the notification was thorough and in accordance with the existing policy. Staff is keeping a data base for follow-up. B. Crowder said she also enjoyed the PCL symposium. J. Cyr commended staff for how they handled the moving of a large number of people for the convent hearing last week. Other board members concurred. C. Britton reported as follows: 1. Notice of Palo Alto State of the City address on I Meeting 98-07 Page 8 April 20 at 5:45 p.m. 2. M. de Beauvieres had given him the final rundown on the Skyline dump cleanup. Final cost was $179,973 which was fully paid by the State. District costs were to build a road and re-vegetate the area at an agreed-to cost of $15,000. 3. He asked which Board members were planning to attend Friday's Bay Area Open Space Council meeting in San Francisco at the Presidio. 4. FYIs included an update on the Warner Group study of the Operations Program. 5. He commended staff members who helped at last week's hearing, including Paul, Carleen, Gordon, Kat, Bunny, Deirdre, Lisa, Susan, Del, Sue, Malcolm, John, and Mike. IX ADJOjMhZ_/lENI The meeting was adjourned at 8:47 P.M. Roberta Wolfe Recording Secretary Claims No. 98-06 Meeting 98-07 Date: March 25, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3797 299.86 ACME & Sons Sanitation Sanitation Services 3798 97.50 ADT Burglar Alarm 3799 334.33 All Laser Service Laser Printer Service 3800 25.00 Bob Archibald Docent Training 3801 258.00 Atlas Heating & Air Conditioning Ranger Residence Furnace Repair 3802 38.66 AT&T Telephone Service 3803 86.90 Gordon Baillie Reimbursement - PRAC Conference 3804 70.00 Bettencourt American Landscape Landscape Maintenance 3805 573.00 Bills Towing Towing 3806 1,050.00 Thompson Brooks Tree Removal and Trimming 3807 85.01 Carleen Bruins Reimbursement - Nature Center Supplies 3808 562.50 Building Abatement Analytics Enterprise Asbestos Surveys 3809 1,055.53 Cabela's Uniform Supplies 3810 120.00 California Park and Recreation Society Subscription 3811 129.61 California Water Service Company Water Service 3812 256.03 Callander Associates Windy Hill Parking Lot Construction 3813 91.24 Cal-Line Equipment, Inc. Equipment Repair 3814 70.00 Camino Medical Group Medical Services 3815 880.99 C I Enterprises, Inc. Lighting Maintenance 3816 2,035.56 Cascade Fire Equipment Company Fire Fighting Equipment 3817 296.56 Communication & Control, Inc. Mt. Umunhum Pump 3818 49.94 Patrick Congdon Reimbursement - PRAC Conference 3819 155.21 Compurun Systems Computer Supplies 820 175.92 Contemporary Engraving Co., Inc. Engraving 3821 80.00 •1 Betsy Crowder Reimbursement - PCLF Symposium 3822 41.20 CSK Auto-Kragen Vehicle Maintenance 3823 250.26 Mary Davey Reimbursement - PCL Conference 3824 65.00 Decatur Electronics, Inc. Radar Certification 3825 1,300.00 Department of Parks & Recreation OST Training 3826 651.87 *2 EIS, Inc. Board Meeting Equipment Rental 3827 668.00 Enshallah, inc. Consulting Services - Teague Hill 3828 28.25 Federal Express Corporation Express Mail 3829 501.19 Forestry Suppliers, Inc. PH/Conductivity Kit and Power Pack 3830 38.45 Foster Bros. Security Systems, Inc. Keys 3831 51.60 G & K Services Shop Towel Service 3832 35.98 Gall's Inc. Night Guard Spot Light 3833 561.41 Goodyear Auto Service Center Tires 3834 60.00 Greenbelt Alliance Patrol Map Book 3835 429.00 GreenWaste Recovery, Inc. Dumpster Service - Skyline 3836 36.94 GTE Mobilnet Cellular Phone Service 3837 50.00 Keith Gutierrez Docent Training 3838 223.31 H & L International, Inc. Volunteer Program Supplies/Equipment 3839 100.00 Phil Hearin Reimbursement - PRAC Conference 3840 45.00 Clarie Hollenbeck Docent Training 3841 160.21 *3 Stanley W. Hooper Reimbursement - Uniform Supplies 3842 839.48 Home Depot Field Supplies/Equipment 1843 25.00 Dianne Hunt Docent Training j844 117.77 J. C. Penny Uniform Supplies 3845 54.49 John Kowaleski Reimbursement - Film Developed Page 1 Claims No. 98-06 Meeting 98-07 Date: March 25, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description J846 -4,13$v t,,D Lab Safety Supply Restroom Supplies - Skyline 3847 68.04 Langley Hill Quarry Drainage Rock 3848 935.20 Lanier Worldwide, Inc. Copier Lease 3849 200.00 Tom Lindsay Docent Training 3850 846.92 Livestock Supply Company Gates 3851 327.00 David Lockhart Feral Pig Study Project 3852 252.18 Los Altos Garbage Company Debris Box - Pulgas OSP 3853 72.54 Lucent Technologies Telephone Maintenance 3854 1,427.48 Kristen Manias Seed Collection Data Consultant 3855 200.17 MetroMobileCommunications Radio Repair - Foothills 3856 200.00 Ken Miller Reimbursement - PRAC Conference 3857 175.37 Moffett Janitorial Supply Restroom Supplies 3858 18.38 Mountain View Garden Center Pea Gravel 3859 281.00 Miller, Brown & Dannis Legal Services 3860 1,961.32 Orchard Supply Hardware Field Supplies 3861 1,609.62 Pacific Bell Telephone Service 3862 250.70 Portola Valley Feed Straw 3863 Platypus Studios, Inc. Nature Center- Graphics 3864 149.39 R. E. Borrmann's Steel Field Supply 3865 16.88 Rancho ACE Hardware Restroom Supply 3866 34.13 Rayne Water Conditioning Water Service 3867 120.00 Redwood Plumbing & Heating Bean Residence - Service Call 3868 490.00 Barbara Scherb Rufer Contract Planner 869 1,049.45 Russ Enterprises Barricades/Signs 3870 114.75 Safety Kleen Solvent Tank Service 3871 116.56 Sears Field Supplies 3872 195.90 Kelly Seitz Training Manuals--Haz Mat Class 3873 44.00 Sequoia Analytical Labratory Skyline Water Tests 3874 337.21 Stevens Creek Quarry, Inc. Gravel/Drain Rock 3875 253.20 Summit Uniforms Uniform Supplies 3876 203.50 Debra Thornley CalTrans Project Consultant 3877 166.90 Tool Crib of the North Tools 3878 1,293.00 Turner & Mulcare Legal Services 3879 593.77 United Green Mark, Inc. Field Supplies 3880 7.51 Unocal 76 Fuel 3881 3,000.00 U. S. Postal Service Postage 3882 1,332.68 Visa Supplies 3883 22.73 West Coast Rebar Field Supply 3884 639.06 Wheel Works Tires 3885 50.03 Wheelsmith Bicycles Patrol Bicycle Repairs 3886 250.00 Wilderness Taxidermy Nature Center Displays 3887 40.99 Workingman's Emporium Uniform Supplies 3888R 2,508.00 BNY Western Trust Company 1995 Note Administration Fee 3889R 210.00 CAPIO CAPIO Conference-K. Altieri 3890R 13,268.97 Jens Hansen Company Windy Hill Improvement Project 3891 R 572.33 Office Depot Office Supplies '4892R 284.74 *4 Precision Cameras Field Staff Camera Page 2 Claims No. 98-06 Meeting 98-07 Date: March 25, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description A39311 110.57 Petty Cash Business Meeting Expense, Office and Field Supplies and Conference Expense •1 Urgent Check Issued March 18, 1998 •2 Urgent Check Issued March 20, 1998 •3 Urgent Check Issued March 12, 1998 `4 Urgent Check Issued March 23, 1998 TOTAL 52,200.19 II� i Page 3 Re giona i Open . .,. .. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-50 Meeting 98-09 April 22, 1998 AGENDA ITEM:__ AGENDA ITEM Proposed Addition of Weaver Property to La Honda Creekf"Open Space Preserve GENERAI MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Weaver property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to La Honda Creek Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached man) The Weaver property is located in unincorporated San Mateo County, south of Skylonda and adjacent to La Honda Creek Open Space Preserve. The 13-acre irregular-shaped property (APN 078-280-060) borders State Highway 84 and Weeks Creek. The property is a desirable addition to La Honda Creek Open Space Preserve because it will help protect important riparian habitat and the visual qualities of the State Highway scenic corridor. The property is bounded by State Highway 84 to the east, Weeks Creek to the west, a CalTrans parcel to the southeast, and private property to the north, east and south. The property includes approximately one-quarter mile of State Highway frontage and an unsurfaced driveway and gate are located directly south of the property. Weeks Creek forms the property's west boundary and on the opposite side of the creek lies the scenic grassland ridges of La Honda Creek Open Space Preserve. Spanish Ranch Creek forms a portion of the south boundary and intersects with Weeks Creek at the property's southwest corner. The property is largely comprised of a dense forest on steep west-facing slopes that descend from State Highway 84 down to Weeks Creek. An exception to the steep slopes is a small, relatively level area along the edge of State Highway 84 near the property's north boundary. Weeks Creek and the surrounding riparian corridor form a major tributary to La Honda Creek. Vegetation is comprised of mature redwoods near the creek with oaks, buckeye, and scrub brush located on the upper slopes closer to State Highway 84. The slopes are generally unstable and a large landslide is located on the adjacent CalTrans parcel to the southeast. Debris from this landslide eventually spills into Weeks Creek near the south boundary. 330 Distel Circle - Los Altos, CA 94022-1404 - Phone.: 650-691-1200 FAX:650-691-0485 - E-mail:mrosd@openspace.org - Web site:www.openspace.org Hoarcl of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David L.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz - General Manager.L.Craig Britton R-98-50 Page 2 Improvements on the property are limited to traces of overgrown trails and high voltage overhead power lines. The power lines cross through the middle of the property in a diagonal direction climbing from Weeks Creek to the State Highway in the southeasterly direction. USE AND MANAGEMENT PL AN Planning Considerations The property is in unincorporated San Mateo County and is zoned RM (Resource Management). State Highway 84 is designated a State and County Scenic Road in the San Mateo County General Plan. The property is rated in the District's Open Space Master Plan as having a moderately low composite open space value and is most important in terms of wildlife habitat, watershed and scenic protections. The Bay Area Ridge Trail plan shows a segment of the Ridge Trail in the vicinity of the proposed acquisition. The trail will connect La Honda Creek and Windy Hill Open Space Preserves. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow. Future land use decisions and environmental review, if any such land use decisions vary from the Preliminary Use and Management Plan, will occur in compliance with the Open Space Use and Management Planning Process. Public Access: Designate Conservation Management Unit; public access will not be encouraged. Trail Designation: No trails or roads are designated for trail use. Dedication: Indicate your intention to withhold the property from dedication as public open space at this time. Name: Name the property as an addition to La Honda Creek 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. CEQA Compliance PWiect Description The project consists of the acquisition of a 13-acre parcel of land as an addition to La Honda Creek Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. The land will be permanently preserved as open space, and maintained in a natural condition. R-98-50 Page 3 CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The site is in a natural condition and 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. This 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$50,000 is payable in cash at the close of escrow. This 13-acre property constitutes one legal building site which lacks physical access. The purchase price is based upon a fair market appraisal commissioned by the District. BUDGET CONSIDERATIONS 1998/1999 Budget for Land Acquisition New Land $11,303,000 Weaver Acquisition proposed on this agenda (50,000) Aitken Acquisition proposed on this agenda (775,000) Acquisition Budget Remaining $10,478000 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 La Honda Creek Open Space Preserve for protection of watershed, wildlife habitat and scenic backdrop. R-98-50 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: Del Woods, Senior Management Specialist Michael C. Williams, Real Property Representative Contact person: Michael C. Williams, Real Property Representative LA HONDA CR. EK OPEN SPACL.- PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Map Legend— ............. ............... ......... ............. ................ lei. Gate 1.0 Trail Distance Notice: ..... vale in Miles No parking along Road Access. W Trail Bridge • Allen Road or outside t Vehicle it" Driveway ........... V Y f z.x-i�. Roadside Parking ............ ............. ye En 0.5 0.2 IY` 1800 IZX ............ lipstrooms 0.3 2000 ole Parking by X ........ X Y permit onl ...... No cars ........... beyond Caretaker pullout. lreej 1.2 6 'Ex: ...... Point of Interest ....... 1409A X: 2000 \- E30 Other Public L 12 Lands X*-§��'./ an 0.5 X ............ X .............. /'Vista 1)'ix lie Point x No Public Entry Rh m L"wd Land ::K ... 000-N, gm� '-X 0-:60 r -x. • J Trail Use �s'd V*" X .0 x • Hiking,Bicycli ng, Ow Equestrian M X., r. •F {i:+ ::v;: �J'z%r'.{::i::{r.:>{:: Frj,•: <^•.:r{�:. Hki n—g,—B i—cy c-1 i in g x -X*7 ..::Ki: X Zin*g'Only *Y Al�k o. C LOSEDAREN':: . ... ... ... PROPIO . ... ... ... SED ............... ACQUISITION ol NP 1 91 WEAVER) .......... X. A 0. x ..F . ...... ... ..................... w 0' X :F X.:.Z.Z.:.:.X.Z.X.:. X F ... *w, V. . 111% 0 ZY W, 0, 0 0 X:F ........... ::F % L I .......... X X.-X� x ......... .. ..... ... .. X . ........ x :x. ............X ::"s 12/17/97 EXHIBIT A: SITE MAP 0,0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 10 One Mile 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 (LA HONDA CREEK OPEN SPACE PRESERVE - LANDS OF WEAVER) 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 James L. Weaver, Surviving Trustee of the Weaver Family Living Trust dated December 13, 1990 and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$50,000 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 the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by 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. x PURCHASE A 7 EEMENT This Agreement is made and entered into b and between James L. Weaver, g Y Surviving Trustee of the WEAVER FAMILY LIVING TRUST dated December 13, 1990 hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo , and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately Thirteen (13) acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Number 078-280- 060. Said property being further described in the Legal Description attached to Preliminary Report number 432249 from First American Title Insurance Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Fifty Thousand and No/100s ($50,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at First American Title Insurance Company, 601 Marshall Street, Redwood City, CA 94063, (650) 367-9050 (Escrow number 432249) 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 May 29, 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 San Mateo County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Fifty Thousand and No/100s ($50,000.00). (e) District 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 San Mateo County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. (f) Seller shall cause First American Title Insurance Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$50,000 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) such additional title exceptions as Purchase Agreement Page 3 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 San Mateo 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 ct 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. (a) Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. (b) Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller Purchase Agreement Page 4 sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. (c) Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of Prooertv. 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) Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) The Property does not contain any Hazardous Waste or underground storage tanks; Purchase Agreement Page 5 (ii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. (c) Indemnity. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly Purchase Agreement Page 6 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. 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 Purchase Agreement Page 7 covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. (d) Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. (e) Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Mr. James L. Weaver 1105 Lincoln Drive Mountain View, CA 94040 (650) 967-2856 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 Purchase Agreement Page 8 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) Waive . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. (i) Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 0) Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. (k) Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations-and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. (1) Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. (in) 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 Purchase Agreement Page 9 necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. (n) Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. (o) Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. (p) Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. (q) Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. (r) Arbitration of Disputes. If any dispute arises between District and Seller relating to this Agreement and the purchase and sale of the Property, the District and Seller agree that the dispute shall be resolved by binding arbitration determined by three arbitrators appointed as set out below: (i) Within 10 days after a notice by either party to the other requesting arbitration and stating the basis of the parry's claim, each party shall appoint one arbitrator, notifying the other party of the appointment when made; (ii) The two arbitrators shall immediately choose a third arbitrator to act with them. If a party fails to select an arbitrator within the time allowed or if the two arbitrators fail to select a third arbitrator within 10 days after their appointment, the additional arbitrator shall be promptly selected by random lot in a manner agreed among the arbitrators already appointed from a pool of up to six names, with each party entitled to submit no more than three names. (iii) The arbitration shall be conducted under Code of Civil Procedure §§1280-1294.2. Hearings shall be held in Santa Clara County, California. Purchase Agreement Page 10 (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 INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE uARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. SELLER INITL4,L BUYER INITIAL -YA(tJ 11. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before April 2, 1998, District shall have until midnight April 22, 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. 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. t 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: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT es L. Weaver, Surviving Trustee of the WEAVER FAMILY LIVING TRUST dated December 13, 1990 ACCEPTED FOR RECOMMENDATION Date: _ C Michael C. Williams, Real Property Representative APPROVED AS TO FORM: Sue Schectman, District Counsel RECOMMENDED FOR APPROVAL: L. Craig Britton General Manager APPROVED AND ACCEPTED: President, Board of Directors ' ATTEST: District Clerk Date: Order No. 432249 FIRST AMERICAN TITLE INSURANCE COMPANY FIRST LOOK CHECKLIST PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO ANY OF THE FOLLOWING QUESTIONS? *Are your principals using a Power of Attorney? *Are any of the parties in title Incapacitated or Deceased? *Has a change in Marital Status occurred for any of the principals? *Will the property be transferred to a new Trust Partnership or Corporation? *Do the sellers of the property reside Out of State? *Is the property the subject of an Exchange? REMEMBER, ALL PARTIES SIGNING DOCUMENTS MUST HAVE A VALID PHOTO I.D. OR DRIVERS LICENSE FIRST AMERICAN TITLE INSURANCE COMPANY INFORMATION FOR YOUR SUCCESS ***************************************************************************** EXHIBIT -A Page —of Order No. 432249 1r i PR:ELrvnNARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 601 Marshall Street, Redwood City, CA 94063 (650) 367-9050 - ESCROW FAX (650) 569-2738 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT Attn: Mike Williams 330 Distel Circle Los Altos, CA 94022 Customer's Reference: Form of Policy Coverage Requested: ALTA LOAN POLICY - 1992 AND CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- (1992) OR AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - (1992) WITH REGIONAL EXCEPTIONS In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of December 17, 1997 at 7:30 a.m. ESCROW OFFICER: JIM A. NORRIS ASSISTANT: MARIA GUTIERREZ Page 1 EXHIBIT Page CL-10f 7L Ii Order No. 432249 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special Taxes for the fiscal year 1998-99, now a lien, amount not yet ascertainable. 2. Second Installment General and Special Taxes for the fiscal year 1997-1998, in the amount of $83.61. Code Area: 066-004 A.P. No.: 078-280-060 3. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with Section 75 of the California Revenue and Taxation Code. 4. EASEMENT for drainage within any creek or stream traversing the herein described property, together with the rights of the public in and to the waters and the use of such creeks or streams, to the high water mark. 5. "WATER RIGHTS, CLAIMS OR TITLE TO WATER, whether or not shown by the public records". 6. RIGHT OF WAY over the herein described property, as granted in Deed: From: B. D. Weeks and Pacific Gas & Electric Company, a corporation Dated: July 26, 1916 Recorded: August 23, 1916 Book/Reel 257 of Deeds at page/image 104, Records of San Mateo County, California. Grants Right of Way for single line of poles and wires. Affects a strip of land along a route as staked on the ground. 7. EASEMENT over the herein described property, as granted in Instrument: From: Rena I. Fry, a single woman To: Pacific Gas and Electric Company, a California corporation Dated: July 31, 1933 Recorded: August 9, 1933 Document No.: . . 28542-C Book/Reel 596 of Official Records at page/image 321, Records of San Mateo County, California. Grants Easement for a single line of poles and wires for the transmission and distribution of electricity over the Southerly portion of the herein described property. EXHIBIT" )q Page 3 Page of Order No. 432249 i 8. RIGHT OF WAY over the herein described property, as granted in Deed: From: Rena I. Fry, a widow To: Pacific Gas and Electric Company, a California corporation Dated: November 29, 1952 Recorded: December 17, 1952 Book/Reel 2341 of Official Records at page/image 719, Records of San Mateo County, California. Grants Right of Way for to construct, maintain and use, together with right of ingress and egress, for a line of towers, wires and cables for the transmission of electric energy. Affects a strip of land 50 feet wide crossing the Southerly portion of the herein described property. 9. EASEMENT over the herein described property, as granted in Deed: From: Rena Fry To: Josie K. Moore Dated: June 1, 1942 Recorded: October 20, 1947 Book/Reel 1420 of Official Records at page/image 80, Records of San Mateo County, California. Grants Easement for water pipes and appurtenances. Affects a portion of the herein described property. 10. EASEMENT over the herein described property, as granted in Deed: From: Rena I. Fry, a widow To: Pacific Gas and Electric Company, a California corporation Dated: November 29, 1952 Recorded: December 17, 1952 Document No.: 49127-K Book/Reel 2341 of Official Records at page/image 719, Records of San Mateo County, California. Grants Easement for towers, lines and appurtenances. Affects a strip of land 50 feet wide across a portion of the herein described property. TERMS AND CONDITIONS contained in an Agreement: Executed by: James.L. Weaver and Dorothy J. Weaver, husband and wife and between: Pacific Gas and Electric Company, a California corporation P y� � Dated: June 6, 1963 Recorded: July 9, 1963 Document No.: 13578-W Book/Reel 4498 of Official Records at page/image 80, Records of San Mateo County, California. Purpose: to increase w r� ease tower line width to lei feet. 11. ANY FACTS, rights, interest or claims which a correct ALTA survey would disclose. EXHIBIT Page 4 page wof Order No. 432249 NOTE: No report or examination has been made in connection with that certain "Notice of Pendency of Statutory Adjudication-San Gregorio Creek Stream System", executed by The State Water Resources Control Board and recorded March 27, 1989 under Recorder's Serial No. 89038390 of Official Records of San Mateo County. The policy being issued will not insure against any loss by reason of such matters. Decree of Determination of the Rights of the various claimants to the water of San Gregorio Creek Stream System in San Mateo County; recorded February 18, 1993 as Document No. 93026619, of Official Records of San Mateo County, California. Stipulation and Order correcting Decree recorded April 6, 1993 as Document No. 93053614 of Official Records of San Mateo County, California. Order Modifying Decree Re: Publication Requirements recorded June 10, 1993 as Document No. 93095377 of Official Records of San Mateo County, California. For more information, please contact: Barbara Katz State Water Resources Control Board Office of Chief Council P.O. Box 100 Sacramento, CA 95801 (916) 324-0941 NOTE: THE LAND herein described appears to constitute a "subdivision" of land within the meaning of the Subdivision Map Act (Government Code 66410 et. seq.), or local ordinances. We will require that a Certificate of Compliance (Government Code 66499.35), executed by the County of San Mateo or a waiver as provided for in the Subdivision Map Act (Government Code 66428); or a Final Subdivision Map or Parcel Map be recorded in the office of the Recorder of the County of San Mateo prior to issuing any policy of title insurance. EXHIBIT Page 5 Page�� o Order No. 432249 r INFORMATION NOTES: A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B, Part I, the following exception from coverage: I Any rights, interest, or claims of parties in possession of the land not shown by the public records. Any easement or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered title risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This eliminates the forced removal coverage in item 12 of covered title risks. Any water rights or claims or title to water in or under said land. B. The City of San Mateo imposes a property transfer tax of 1/2 of 1% of total consideration. C. Order Date: January 2, 1998 Short term rate date: None D. LENDER'S SPECIAL INFORMATION There have been no deeds recorded within the last two years prior to the date of this report, affecting the herein described property. Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment" pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. Any documents executed on or after January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial forms of acknowledgments may not be acceptable for recordation. First American Title will make the form available upon request. NOTE: Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". EXHIS T Page 6 Page of I Order No, 432249 40 NOTICE Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance Company, underwritten Title Company, or controlled Escrow Company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds,before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. NOTE: This report is subject to a cancellation charge as required by Sections 12404,et seq.,of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E. O.N. MB/bl/p EXHIBIT --Afi Page 7 P89�— �o ' Order No. 432249 � •� :�. �dEk ! C. 't �c '1 NOTICE In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statues referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. EXH1B T Form No. 4001 (3192) Page 0f 14 PIMP 10my�.•-.� �.. ... .�.wy�r. .....n� 'ny pnrpaf outer *an oemnimIEon to ft gla ootion w the pvW or mcoh deocW. First "elm dqiwMM! Asebbu aRy Hobftq for WkCW of W bav~so MA MIN O6tI01 wn *Fob .----- TRWREDI .,. 1-800-M-7334 SCALE IN 1/10 OF AN INCH 3 4 5 26 \ \ TAX CODE AREA _ LLIA I \ \ 13,01 L Kra OD 00 2t Q. Ir'w xr' c co < ; o�•. b 4+ �\ 0 • /o / , to I �h• I rr 7 ,/ 7 •1' pwY �� rrwnl o O NoNDA y O 12) a►rler�..d D PARCEL MAP VOL /2/38 ASSESSORS MAP COUNrV OF SAN MArro,CALIF LAHONDA —PESCAD£RO UN/f/£D SCHOOL DISTRICT i Re gfional Open a R-98-57 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-09 April 22, 1998 AGENDA ITEM . lb AGENDA ITEM Proposed Acquisition and Addition of Aitken Property to Russian Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Aitken property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Russian Ridge Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space. DESCRIPTION (see attached maul The 44-acre Aitken property is part of a 50-acre parcel located west of Skyline Boulevard in unincorporated San Mateo County (APN 078-210-140 and 078-210-050). The property being acquired for open space is surrounded by the Russian Ridge Open Space Preserve on three sides and offers panoramic views towards the coast. The Bay Area Ridge Trail is located directly to the north and east. The property is a desirable addition to the preserve because it will help protect important wildlife and watershed resources and scenic views from the Bay Area Ridge Trail, and provide potential trail connections. The triangular-shaped open space property is undeveloped, but within it is an approximately 6-acre developed inholding that is being retained under private ownership for residential use. As part of the proposed acquisition, the District would acquire development restrictions over the 6-acre private inholding. The open space property and private inholding are on the southwest side of Skyline Boulevard approximately two miles north of Alpine Road and one- quarter mile south of Mt. Melville. Mindego Hill is a short distance to the southwest. The properties are bounded by Russian Ridge Open Space Preserve to the north, south, and east, and private property to the west. A high voltage power line forms the north boundary. �n Space Pron M The landscape is moderately steep and predominantly oak woodland with patches of grassland meadows. The slopes are generally west-facing with two picturesque hilltops located near the 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 FAX: 650-691-0485 - E-mail: mrosd@ol>enspace.org - Wei)site:www.openspace.org _ -____ Board of Oirec'tor�.Pete Siemens,Mary C.Davey,ledCyr, David T.Smernoff, None tte Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager.L.Craig Britton R-98-57 Page 2 midpoint of the south boundary and southwest corner. The hilltop near the south boundary is an attractive destination point where the oak woodland opens up and there is a panoramic view of Mindego Hill and surrounding area. Grassland meadows are located along the north boundary, and in the east and southwest corners of the property. The headwaters of Woodruff Creek originate near the center of the property and flow in a northwest direction towards Langley Hill and La Honda Creek. A dense riparian plant community is located along Woodruff Creek. Improvements within the property include roads and utilities, most of which serve the private inholding. A partially surfaced driveway bisects the property in the north-south direction as it descends from the ridge above Skyline Boulevard to private properties lying to the south of the proposed addition. Near the south boundary, a second driveway branches from the main road to connect to the private inholding. In addition to the driveway, other improvements on the property include a well and windmill located east of the main driveway, a utility meter adjacent to the driveway near the south boundary, and a spring site near the northwest corner of the private inholding. The private inholding will retain easements to the road and utilities. Private Inholding Parcel The 6-acre private inholding is surrounded by the open space parcel and is also characterized by moderately steep west-facing slopes comprised primarily of oak woodland and grasslands. A residence, approximately 1,750 square feet in size, is nestled in the trees on a graded pad near the center of the inholding. To the east of the residence is a fenced pasture and to the north is a corral and dome structure. Other than the dome, the improvements are not easily viewed from the existing open space preserve and Bay Area Ridge Trail. The acquisition of the open space parcel will include development restrictions over the private inholding that will ensure any future development of this parcel will be compatible with the surrounding open space preserve. Relationship to Open Space Master Plan The property is rated in the District's Open Space Master Plan as having moderate composite open space values and is important in terms of potential outdoor recreation, watershed protection, wildlife habitat, and scenic backdrop as it relates to views from the surrounding open space preserve. USE AND MANAGEMENT PLAN Planning Considerations The property is in unincorporated San Mateo County and is zoned RM (Resource Management). Zoning and preliminary planning efforts conducted by the seller have indicated R-98-57 Page 3 there are three feasible building sites being acquired by the District on the open space parcel. Under the current zoning, further development of the private inholding is limited to possible expansion of the existing residence and construction of a second dwelling unit under current zoning restrictions. The property may offer potential trail extensions from the Bay Area Ridge Trail to the two attractive hilltops in the southwest portion of the site. The driveway which bisects the property could, in part, provide a route to these destinations. In the future, if public trails are developed to the west or south of the property, the road could provide valuable trail connections. Development restrictions over the 6-acre private inholding will be monitored and, should future development be proposed for the site, the owner is required to submit plans to the District for prior review and approval. In summary, the Grant and Covenant of Restrictions on the 6-acre private inholding prohibit subdivision, restrict grading, tree cutting, exterior lighting, and replacement of existing structures, and limit the size and bulk of additions to the main residence, new accessory buildings and second dwelling unit. If a second dwelling unit is developed, the dome structure must be removed. Preliminary Use and Management Plan Recommendations The preliminary use and management plan will take effect at the close of escrow. Improvements are limited to the installation of preserve boundary signs and the property will remain in a natural condition. Any differing future land use decisions would occur in compliance with the Open Space Use and Management Planning Process. Public Access: Designate Conservation Management Zone: public access will not be encouraged. I Trail Designation: No trails or roads are designated for trail use. Patrol: Regular patrol will be provided and road will be maintained for patrol purposes. Dedication: Indicate your intention to dedicate the property as public open space. Name: Name the property as an addition to Russian Ridge 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. R-98-57 Page 4 CF.QA Compl_ianCe project Description The project consists of the acquisition of a 44-acre parcel of land as an addition to Russian Ridge Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. In addition, development restrictions are being acquired over the adjacent 6-acre private inholding to ensure that future development will be compatible with the surrounding open space preserve. Ultimately, plans for the property will be included in the comprehensive use and management plan for the adjacent preserve. Under any plan, the land will be permanently preserved as open space, and maintained in a natural condition. CQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The site is in a natural condition and 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. This 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 This is a bargain sale transaction, which includes acquisition of approximately 44 acres of land with a San Mateo County calculated density of three residential sites. The purchase price for the subject property is $750,000 which is substantially below the appraised value determined by a jointly commissioned appraisal by the sellers and District. As part of this acquisition, the District is acquiring a development restriction over the 6-acre inholding for an additional $25,000. The total District purchase price of this transaction is $775,000, which is payable in cash at the close of escrow. R-98-57 Page 5 This transaction is a three-party agreement between the sellers, District, and the buyers of the residential inholding. The parties have agreed to reconfigure the open space parcel and home site whereby the District obtains fee ownership to the access road and ridgeline on the south boundary of the open space parcel. This ridgeline and road provide for a potential future trail corridor. As part of the reconfiguration of parcels, the residential inholding will increase from approximately 4.5 acres to 6 acres. To achieve this reconfiguration, the three parties are sharing equally in the cost of a survey. The District's portion of the survey costs are estimated at $3,500. In addition to the parcel reconfiguration, a recorded Grant and Covenant of Restrictions over the residential inholding is a condition of this transaction. The development restriction will limit the number, size, height and location of improvements on this site. The District will also have design review and approval over the development of any improvements. The buyers of the residential inholding will grant these restrictions at the close of escrow. BUDGET CONSIDERATIONS 1998/1999 Budget for I-and Acquisition New Land $11,303,000 Aitken Acquisition proposed on this agenda (775,000) Weaver Acquisition also proposed on this agenda (50,000) Acquisition Budget Remaining S10,478,000 Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to the Russian Ridge Open Space Preserve for potential outdoor recreation, protection of watershed, wildlife habitat and scenic backdrop. PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Del Woods, Senior Management Specialist Michael C. Williams, Real Property Representative Contact person: Michael C. Williams, Real Property Representative RUSSIAN R- GE OPEN SPACEWRESERVE :. .......................:.................................... .............. _.. . :: ,.:.:r . . . .................. ............ . ....:::..,.. .................................................. .:.,.........�k:::.-•.}::..,.:... .....<:.:::::.�.,.4....::::::::.»>... <a , ::::.: ...........................................t....... .....:::::.. .... .. } \. M.::: ::.:::::::::.::::::::::::..Y..'::J,.!??:::;:::iiti:i}:'}:..'i:.:v }}:7-isi:is?}s}:?.}:v}}:;`.'?'}}}:}}}}}}??:}:v...... ::::.: . ...}.. ........... ...... - :«:::: »>.>-:=::::<s.::,:.} }}}} .: FOOTHILLS PARK f.;}}}:;.}}}}}}}}}..::::::::::...... l -'" :$?:<:::>:;:::,<.:>.•• ::::=::>::::::z.}.............." >::>::>:::t>`�::>:}::s... ............ ... ->!?t ...... h ,::::::............ ,\.......... ,.:: ::..:.: :,, Ptlo •'''':h•+:•;,,.\,.lk .,y.r$+'.,,z}T:......:::$$$$}}.?:}::v}t}::.,:}.; 11.„::: ::h- 0.8 � h { Barn .....:... .,�.At .... 1400 -.:key ."'a?$:;:$::$::t::t2200 0-2 :: i f m - Mt.Melville 1600 , tt , .............. ..x:.......=>: C COAL RiEK OPEN SPACE ,_: „ Eez`}$s.;: managed and maintained Viz=: ::>::$:> is=:=:= >::#::: :5:: ��;;_v,/ _ 'ew `� :•u b San Maleo COunI `:inNi <es i; ;:; ;.w;::::;:. PRESERVEti.$:z:::$rz:=:: ::>::>::;.}..:::}::>:.<>:: Barn .,<.. . Bored area j ..:h•::w::}::. .� G 4:. t: .2•. _Q._ ':Yi`Si}:;G:;xr;;:' :?:Y :>-i5s-m"':=:= .................... ./' 0.3tt:: V 0.4 o.z . �. _ v ::.:.Y::":::<:iiiiii:'<�..'.iiiii}::i:.:iiiiiii:;�>:;>.�:-;:-;;?.`%'-;::�:�:<:_::;=>:_;$;tt$tt$:=ttt: 180U fo}}}}}}�•'.:}}}}}}}}}}}}}}}}} f S :•}:••... \ CCO2 'fi ,J ROPOSED £ AC UISITION (RRos AITKEN : : :::>:=>'��<>$ti,,:��;«>:::<.::::. -. <:} z�`'Y18f2Ez. a rox. 44 acres 2000 07 \—. 0.82200 0.3 �`. 0.5 MONTE 0.3 J 1?F14 Borel \\ OPEN Hill 2s72-\ o.s SPA( E t: :f......:i .`\ _ (cco1) FSLRVE' ` `....: RUSSIAN R1UGE�='= 1 { < 2400 'd8e Tra �"', R __. OPEN-SPACE Srar/ 0.2........ ........�/ ' os PRESERVE i a.3 0.5 `Tito° b zzoo --J Prcient0 Alpine kia00 `<z<z«>=#> soao ,✓ % �SRo�� "''' ^...... 0.1 -- \_— 1.0 4\ 1.0 ��_'' ,..� (RR02) 0.2\ ' / ,— SKYLINE RIDGE'1800 ^Alpine-, OPEN SPACE Po1x1 c a \PRESERVE' ,.., N` ��_ (RR03) 1.7 1 boo :.<...}:=}:- w \_ ff 11 h \ r — `L t / 1400 --ice~ - 2;.;:.}}::ff;}:ff;}:. }}}}}::::::'::=. /. t 1200 eel( .u::a:�}}:}:}}}:}:}"}:} :$r:�3its>r:::;:;: ;:er................`............................. i. t A i :% .. f J I\ \ ::::::::::... t...........: >: : . $$$$jjj$$$}}}}::::::. ::::::.w::.w::::. .................... r / to>:}:->:a}:: ::✓:;;' ........::............:.:..:... :tit;:�`�;€?>:�:>;irr;s?:✓^ }};}:.;^:.'-:=»:_ii:�$::.`;�:_:�t:�t:�t:�i:-, �.,`; { ...:..,...:.......................:..;- �� � --- ' L ........... .........h..:..:..,...,... \ .......... ............:.f.qn: '•' ♦ vv,::v:nv;v:..,.:.:::.v,�:w.}i}}}}...v.. k��.: \ �: : �w:w:vv.-..-..-..-:...-...........................:.:. EXHIBIT A: SITE MAP 0.0 .1 .2 .3 .4 .S .6 .7 .8 .9 1.0 One Mile RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANT TO DISTRICT AND GRANT AND COVENANT OF RESTRICTIONS, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE - LANDS OF AITKEN, ET AL.) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Donald W. Aitken Jr., et al., and William P. and Marion H. Kennedy, husband and wife, 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 Certificates of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $10,000 to cover the cost of title insurance, escrow fees, survey 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$775,000 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 the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by 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. '; ,:ice Meeting 98-09 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 22, 1998 AGENDA ITEM 2 AGENDA ITEM Approval of Lease Holdover Agreement with Heritage Communications Inc. (TCI), Black Mountain, Monte Bello and Rancho San Antonio Open Space Preserves GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute the attached Lease Holdover Agreement with Heritage (TCI) for the communication facility on Black Mountain, Monte Bello and Rancho San Antonio Open Space Preserves. DISCUSSION In May 1983, the District entered into a five year Ground Lease for Communications Structures with Gill Industries, (which later became Heritage Communications Inc.) (TCI), with four additional five-year term options in conformance with Public Resources Code, Section 5563 (see memorandum M-83-50). In February of 1998, Heritage (TCI) notified the District that they would not be renewing their fourth five-year lease term. Their current lease term expired on March 31, 1998. Heritage (TCI) informed the District that they had not used the site for their own purposes over the last four years, but their subtenants have continued to use the site. Because several of the subtenant leases expire in April and May, Heritage (TCI) requested a two month holdover of their communications lease to coincide with their subtenant leases. Tease Holdover Agreement District staff and representatives from Heritage (TCI) agreed on a two month holdover agreement which will expire on May 31, 1998. The terms and conditions of the holdover agreement are as follows: 1) Heritage (TCI) will continue to pay a base rent of$6,445.05 plus 25% of gross rents from their subtenants. 2) During the holdover tenancy, Heritage (TCI) will be responsible for removing the microwave receiving antennas, and the accompanying electrical lines and poles in the canyon west of the building and tower site, thereby restoring these areas to a natural condition. These facilities are no longer in use and are visible from surrounding District land. Heritage (TCI) will also remove the damaged communications tower at the main building site. 3:30 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 FAX: 650-691-0485 E-mail: mrostlr#openspace.org - Web site:www.ol)enst)ace.org Board of Directors.Pete Siemens,Mary C. Davey,Jed Cyr, David 1.Smernoff,Nanette Hanko, Betsy Crowder,Kenneth C.Nitz - General Manager:L_Craig Britton R-98-52 Page 2 3) District will have until August 31, 1998 to determine whether to re-lease the building and tower site or have Heritage (TCI) complete cleanup and restoration of the entire site. 4) If District decides to continue to re-lease the site, Heritage (TCI) will make a road maintenance payment fee of$3,000 in lieu of the site restoration obligation. 5) District may continue to lease the site to the remaining subtenants, on a month-to- month basis after the expiration of the holdover agreement. Staff supports the proposed Lease Holdover Agreement because the District receives rent while a portion of the site is being restored. This Agreement also allows the District additional time to evaluate and assess the future income potential of this site before making a decision to re- lease the site or have the site cleaned up and restored to a natural condition. USE AND MANAGEMENT The District adopted a communications policy for the existing facilities at Black Mountain on December 8, 1982 (see memorandum M-82-119 dated November 19, 1982). Policies for the Black Mountain Communications Facilities state that new lease renewals will be considered on a case by case basis. Since a continued use of existing communication facilities is proposed, the Lease Holdover Agreement is in compliance with the objectives of this policy. CEQA COMPLIANCE eject Description The project consists of the demolition, removal and cleanup of communications facilities from District land. This project will restore improved land to a natural condition. CEQA Determination The District concludes that this project will not have a significant impact on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15301 and 15304. Section 15301(1)(3) exempts for minor alterations of existing facilities including demolition and removal of small commercial structures. Section 15304 exempts for minor alterations of land. The removal of these communications facilities and restoration of the site meets this criteria. R-98-52 Page 3 This project qualifies under these two sections. Moreover, Heritage (TCl) is responsible for obtaining permits from the City of Palo Alto for cleanup and removal of all improvements and facilities on the lease site. The City of Palo Alto would be considered the lead agency responsible for this cleanup project. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same ................ ............ ............. Xv ........ ... ....... ... . ........ ....-...... ..- ........ ......... .............. ...... ... .. -0. ......A x ............... ........... .. ... -�K xl: ....... ..... ........ ....... .... .......... ............ ............... xxx:i�: % ..... 0.3 :5ff, ...... ...... -C ..... 22C xx.. ,A, ADN jj\a T I .. ................ .................... W&PA (m8m) F.J XK% .3 A& 06 4%W IN. K., W, ..... .... cl .2 k4 0.3 X.: ...... ... .......... ....... ......... ...... 12 Ile K ...... ... M ... .... .. X ... HERITAGE (TCI) ........... ..... ........ .......... .......... .......... ......... LOCATIONS ... .......... ... ..... .......... ...... �r BtZLLy E--W�SEFLV, ............ 2.0 GE mg ..%al"N"',�:H, ......... .......... ...... .......... ....7,y.......... ............ ......... ...... ................. . . ..... ........... .......... ....... ....... ......... �*1%.11 X .. . ........... .......... .... ........ x ....... ....... .. ... ..... jj 0.0 .1 .2 .3 4 .5 .6 .7 ... ....... . .......... ............. .......... .............. One Mile ........ ...... 4r: ..... ..... W:: EXHIBIT A: LOCATION MAP Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 1, 1998 Mr. Gary Nelson Director of Engineering for South Bay Heritage Communications, Inc. 3450 Garrett Drive Santa Clara, CA 95054 Subject: Heritage Communications Inc. (TCI) - Lease Holdover Agreement, Black Mountain, Monte Bello and Rancho San Antonio Open Space Preserve Dear Gary: Since Heritage (TCI) proposes to end its Communications Lease at Black Mountain, but needs additional time to complete its move and cleanup, the District consents to a holdover tenancy for Heritage (TCI) and its subtenants at Black Mountain beyond the expiration date of March 31, 1998. The District will agree to a temporary month to month holdover with Heritage (TCI) for two (2) months from April 1, 1998 through May 31, 1998. During this holdover period, the monthly base rent will continue at $6,445.05 plus 25% of the gross rents of from your subtenants. This holdover agreement is subject to the terms and conditions set forth below, as follows: 1. Holdover: The District consents to tenants term of a month-to-month holdover not to exceed two (2) months from April 1, 1998 through May 31, 1998. This term shall expire and terminate effective May 31, 1998. 2. Base Rent and Percentage of Gross Rents during Holdover: The base rent will continue at $6,445.05 per month payable in advance from April 1, 1998 through May 31, 1998. In addition, the District shall receive 25% of the gross rents of from your subtenants as specified in Section 1 of the Consent to Sublease dated March 13, 1986. 3. Removal of Microwave Receiving Facility, Utility Lines &Damaged Tower: Heritage(TCI) is responsible for removing the following items: the microwave receiving facility (two microwave dish antennas) located in the canyon west of the building and tower site, the accompanying electrical lines and poles running from the building and tower site to the microwave receiving facility, thereby restoring these areas to a natural condition in accordance with Section 20 of that certain Ground Lease for Communications Structures dated May 11, 1983. At the building and tower site, Heritage (TCI) is responsible for removing the damaged communications tower which partially collapsed this winter on or before June 30, 1998. The triangular freestanding microwave tower shall not be removed at this time. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX: 650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton Mr. Gary Nelson April 1, 1998 Page 2 4. Clean up of Remainder Communications facilities from Lease Area: As we discussed, the District will need an additional three months from June 1, 1998 through August 31, 1998 to determine whether to re-lease the building and tower site or have Heritage (TCI) complete the cleanup and removal of the remaining facilities and improvements (tower, building, fencing etc.) in accordance with Section 20 of our Ground Lease for Communications Structures dated May 11, 1983. The District will send written notification to Heritage (TCI) of its intention to either re-lease the site or have Heritage (TCI) complete the site cleanup responsibilities. This written notification will be delivered to Heritage (TCI) on or before August 31, 1998. If the District decides to re-lease this site to a new communications tenant, Heritage (TCI) obligation to remove and clean up the remaining building and tower site will terminate. However, if the clean-up is not necessary, in lieu of these site clean up obligations, Heritage (TCI) agrees to make a road maintenance payment of$3,000.00 to the District on or before September 10, 1998. 5. Subtenant Holdover: After the expiration of the holdover tenancy on May 31, 1998, District may choose to continue to lease the site on a month-to-month basis to the existing subtenants until such time as a new master tenant is chosen for this site or the site is restored to a natural condition as specified in item 4 above. All other terms and conditions of your original Lease with the District dated May 11, 1983 remain in effect and unmodified. This Lease Holdover Agreement is subject to the approval by the Midpeninsula Regional Open Space District's Board of Directors at their meeting of April 22, 1998. Please indicate your agreement to this Lease Amendment by signing, and returning an original signed copy of this letter to me. Sincerely, I Michael C. Williams Real Property Representative I Mr. Gary Nelson April 1, 1998 Page 3 Lease Holdover provisions are hereby understood and agreed: LESSEE: Heritage Communications Inc., (TCI) Gary (Ison, Director of Engineering Date South Bay LESSORt - MID7NINSbULA REGIONAL OPEN SPACE DISTRICT L. Craig Briton, General Manager Date he? gional Open ace R-98-53 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-09 April 22, 1998 AGENDA ITEM 3 AGENDA ITEM Authorization to Solicit Bids for Schilling Lake Spillway Repair Project, Thornewood Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize staff to solicit bids for construction of the Schilling Lake Spillway Repair Project. DISCUSSION At your regular meeting on May 8, 1996, you authorized the preparation of construction documents for repair of the damaged spillway at Schilling Lake, a small reservoir at Thomewood Open Space Preserve (see attached map). At that time you also found the project to be categorically exempt from the California Environmental Quality Act (CEQA) (see report R-96-56). At your January 28, 1998 regular meeting you authorized a budget of$35,000 for consulting services by Cotton Shires Geotechnical Engineers to complete construction documents for the repair project (see report R-98-15). Additionally, $63,000 was included in the 1998-1999 fiscal year budget for the project. Subsequently, the engineers have completed the plans and the preliminary construction cost estimate, which totals approximately $80,000. This does not include costs for permits from the town of Woodside or consultant services during the construction period for inspections and testing. These items are likely to be in the range of $6,000 to $8,000. This project is considered critical in the proposed 1998-1999 Work Program because of the remote chance of failure of the dam if the spillway collapses. The project consists of removing the existing landslide that is pushing over a portion of the spillway wall and replacing the soil in an engineered fill with surface and subsurface drains. The rotted wood retaining walls at the top of the spillway would be removed and the slope laid back at a 2:1 horizontal to vertical ratio. The existing rusted-out steel culvert below the spillway would be replaced or relined. The construction requires the removal of two large non-native (to the site) Monterey pines, one of which is leaning and threatening the spillway, as well as an 8 inch redwood, a 14 inch redwood, a 6 inch oak, a 10 inch oak, and a 9 inch madrone. This tree removal is in a location below the trail that is not highly visible. The site will be revegetated with 12 five-gallon native trees, and seeded with a native erosion control mix. Staff proposes to solicit bids for the project and return to the Board for a final decision on whether to award a contract, tentatively at the May 27, 1998 meeting. Prepared by: Randy Anderson, Senior Planner Contact person: same as above 330 Distel Circle o Los Altos, CA 94022-1404 - Phone:650-691-1200 FAX: 650-691-0485 E-mail:nirosd@openspace.org - Web site:www.openspace.org Board of 0irectors:Pete Siemens,Mary C.Davey,Jed Cyr, David-1.Smernoff, Nanette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L Craig Britton ` N MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Thornewood Open Space Preserve m. f 'Z3771, 36 Q s , J1 WUNDERLICH COUNTY PARK ` ear IPA r - / tor)Qa $ / !!; ` OPEN SPACE EASEMENT . + :NO PUBLIC ACCESS7321. . S } ti X c� M " 2 N 0.5 PICNIC AREA: f USE BY PERMIT ,,►}�`�-',.-:-�'' ♦ LEASE AREA ONLY • _ ry Y 'C :� � � ram.,. � ��i Y i '� � �{�� (�� .. ► :� � ���. �< I "' i4f 1 r ' Lake.Y!T t ,. 94 SPILLWAY PROJECT BM « 1 6 1 ~ 1� ) J/ �' tt� � � _. ,.' � 4 r,;\,*•.-�'`�. �,CAS -x 40 r y Jan 1994 •. i�t£x< raw{.....;� �`ti NN NOTE: * * TRAIL DISTANCE '. ''::`::. .::.. " , , • :€ 11 _:�/ . _. - __ . . IN MILES Regional Open ace 1 R-98-54 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-09 April 22, 1998 AGENDA ITEM_ AGENDA ITEM Permit to Enter and Agreement for Wetland Restoration, Ravenswood Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the proposed actions are categorically exempt under the California Environmental Quality Act (CEQA) based on the findings contained in this report. 2. Authorize the General Manager to execute the attached Permit to Enter allowing Rhone-Poulenc, Inc. access to the Ravenswood Open Space Preserve for the purpose of restoring tidal action to the salt pond area. DISCUSSION Rhone-Poulenc is a chemical manufacturing company that, through a chain of ownership, became responsible for cleaning up toxic contamination in East Palo Alto near the District's Ravenswood Open Space Preserve. Although Rhone-Poulenc did not cause any of the contamination in question, they purchased a company that owned land that had earlier been contaminated by others. Rhone-Poulenc is being held accountable by the Regional Water Quality Control Board and the U.S. Environmental Protection Agency (EPA) for this work. Rhone-Poulenc was previously granted a permit to enter District land to install a storm drain in the Ravenswood Preserve per a request from the Water Quality Control Board and the City of East Palo Alto (see report R-95-110). In 1996 a permit to enter was issued to the EPA to conduct soil testing in the Preserve (see report R-96-59). In 1997 a permit to enter was issued to Rhone-Poulenc for soil testing in the nearby Ravenswood Drill railroad right-of-way, over which the District owns an easement (see report R-97-125). Part of Rhone-Poulenc's mitigation responsibility is for mitigation of loss of habitat and function on 3.34 acres of non-tidal wetlands. In lieu of non-tidal wetlands, Rhone-Poulenc has proposed, and the federal agencies have accepted, a plan to restore tidal wetlands in the Ravenswood preserve to provide this credit (originally, Rhone-Poulenc had presented a conceptual proposal to the District to sell credit for mitigation it created beyond its own needs, however this idea is no longer a part of the proposal). Rhone-Poulenc's consultants have studied the drainage patterns of the former salt pond on the north side of Bay Road and have determined appropriate locations, widths, and depths to breach the levee to restore tidal action to the original channels. (The work is described in detail in reports that are available at the District office for public inspection). This will allow natural tidal action, leaching of excess salt from the soil, and the associated vegetation and animal life to re-establish as quickly as possible. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-98-54 Page 2 During recent winter storms, the levee around the pond was breached near the southern end at an existing culvert. Although the object of the restoration is to breach the levee, breaching in this location is counter-productive to re-establishing the original channel flows. Therefore, .Rhone-Poulenc proposes to repair the existing levee breach and create two new levee breaches. This will involve installation of a temporary sheet piling wall on the outboard side of the levee, and replacement of the existing culvert. This work will be done from a barge, so land- based access will not be required. This work is anticipated to take place during Summer, 1998. Due to the extensive process required for federal, state, and local level permits, the remainder of the wetland restoration project is not expected to take place until Summer, 1999. The objectives and scope of work are described in the attached summary prepared by project consultants Geomatrix and Jenkins, Sanders and Associates. A five year monitoring program is included. Rhone-Poulenc estimates that its total costs for consultant studies, plans and permits, earthwork, and monitoring for the project will be approximately $250,000. Permits will be required from the U.S. Army Corps of Engineers, the S.F. Bay Conservation and Development Commission, and the City of Menlo Park. Each of these permits will require its own CEQA or NEPA (National Environmental Policy Act) documentation. In light of the high cost of the project, staff recommends that the benefit to the environment be considered adequate compensation for Rhone-Poulenc being granted the right to use the preserve for wetland mitigation credit. CEQA Comp i nce PWject Description The project consists of the restoration of tidal action to a former salt marsh area on San Francisco Bay which had been used as a diked evaporation pond for production of salt for approximately 100 years. The area has been owned by the Midpeninsula Open Space District and protected as habitat since 1980, during which time tidal flooding has occurred through culverts. The project will restore natural tidal action by breaching the levees in the original location of natural tidal channels. The area involved covers approximately 148 acres and is located in the City of Menlo Park, County of San Mateo, approximately one mile south of the west end of the Dumbarton Bridge (Highway 84). CEQA Findings The District concludes that the project will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301, 15304, and 15307 of the Act. R-98-54 Page 3 Section 15301 exempts the maintenance or minor alterations of topographic features involving no expansion of use. Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees. Section 15307 exempts actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for the protection of the environment. Prepared by: Randy Anderson, Senior Planner Contact person: Same as above L t �,�'} '+� �' a`�•• � yam,, _ �:;x - t _ � �, ,�: ram-, � _ • :- 1 R } 24, SITE MAP Proposed Restoration Plan GEOMATRIX Cooley Landing Salt Pond East • Alto, California1 ••• PERAM TO INTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a California Public District (hereinafter "District"), and Rhone-Poulenc, Inc., a New York Corporation, its officers, directors, shareholders, agents, employees, contractors, predecessors, successors, assigns, purchasers, and subsidiaries (hereinafter "RP"). The parties hereby agree as follows: 1.0 PROPERTY District grants RP a Permit to Enter its lands known as the Ravenswood Open Space Preserve, former salt pond area, located north of Bay Road and south of the former Southern Pacific Railroad right-of-way in the City of Menlo Park, San Mateo County, California, as illustrated in Figure 1, attached hereto and incorporated by this reference (hereinafter "Property") for the purpose and subject to the conditions set forth below. 2.0 PURPOSE This Permit to Enter is for the sole purpose of modifying the existing former salt pond levees to restore natural tidal action and salt marsh vegetation, and associated monitoring activities. 3.0 PERMIT CONDITIONS The wetland restoration work shall be subject to the following permit conditions: a. The restoration work shall be completed in conformance with the attached "Restoration Plan for the Cooley Landing Salt Pond", dated June 18, 1996 by Geomatrix Consultants, Inc., and Jenkins, Sanders, & Associates, and the "Summary of the Proposed Cooley Landing Salt Pond Restoration", dated February 25, 1998, which are attached hereto and incorporated by this reference. b. Prior to initiating work, RP will provide to the District copies of all applicable permits from other agencies. C. Right of entry is limited to RP and its officers, directors, employees, consultants, or contractors. d. RP may bring onto the Property only such persons, vehicles, and equipment as are reasonably necessary for the installation, maintenance or monitoring of the Project. e. RP shall limit its activities on the Property to the area depicted on Figure 1 and may not conduct activities outside this area without the additional written approval of the District. Page 2 f. Other than specific modifications for the wetland restoration, RP will leave the site in a condition equal to or better than that which was originally found. 9- RP agrees to directly make available to District all plans, reports, permits, and monitoring results affecting the wetland restoration activities. h. RP agrees to provide a minimum of five working days notice to District staff prior to initiating or completing any separate phase of the project: Contact Randy Anderson, Senior Planner or his designated representative. 4.0 TERM This Permit shall issue and shall continue in effect unless and until terminated by mutual consent of the parties. Access to the Property for the purposes of levee repair or modification shall commence on June 1, 1998 and end April 1, 2000, provided however, that the period for access may be extended for up to ninety (90) additional days upon written permission of the District. Access for post-project monitoring shall be granted for a period of five (5) years following completion of project. RP shall give five (5) days notice to District before commencing each monitoring activity. 5.0 NOTICE Any notice or notices required or permitted to be given pursuant to this permit to enter may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: Midpeninsula Regional Open Space District 330 Distel. Circle Los Altos, CA 94022 Attention: L. Craig Britton, General Manager (650) 691-1200 (650) 691-0485 (FAX) RP: Rhone-Poulenc, Inc. CC: Michael Rafferty Attention: Robert L. Ferguson Project Manager, Geomatrix Manager, HS&EA 100 Pine St., 10th Floor P. O. Box 12014 San Francisco, CA 94111 Research Triangle Park, NC 27709 (415) 434-9400 (919) 549-2571 (415) 434-1365 (919) 549-2300 (FAX) 6.0 DAMAGE AND LL4,1111LITY Page 3 RP agrees that the use of equipment and tools on the Property shall be done with all reasonable care, diligence, and precautions to avoid damage to the land, property, or personnel of the District or to the public. RP agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of the RP under this Permit, both on and off the Project. RP hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to property, and releases the District from liability to the extent such claims and liability were not caused by the negligence of the District and provided such claims are related to RP's activities under this Permit or RP's use of the project site, premises, or facilities under this Permit. RP and its contractors and subcontractors shall have sole responsibility for the safeguarding of their equipment, property, and personnel (i.e., employees, agents, officers) from any and all injury, death, or damage as a result of this Project. RP shall be responsible for any and all personal injury and property damage on the Property caused by its acts or omissions as a result of the construction work, and shall indemnify District against any and all claims, liabilities, or losses, including attorneys fees, on account thereof. 7. HAZARDOUS SUBSTANCES INDEMNIFICATION RP shall indemnify, defend, and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities, losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on or in the Property, when the existence of such hazardous substance arises out of, is attributable to or is caused by any activities, acts or omissions by RP, either off-site or on-site, or arises out of, is attributable to, is caused by or emanates from any real or personal property owned by RP. RP shall be responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand due to potential or actual hazardous substance contamination on the Property, including any and all costs of remediation and cleanup, when the existence of such hazardous substance contamination arises out of, is attributable to, or is caused by any activities, acts, or omissions of RP, either on-site or off- site, or arises out of, is attributable to, is caused by or emanates from any real or personal property owned by RP. District shall provide prompt written notice to RP of its receipt of any Page 4 such claims or orders. As used herein, "hazardous substance" means any substance the placement, storage or removal of which is prohibited or regulated by federal, state, or local law, on account of its toxicity, flammability, or corrosiveness, including, without limitation, PCB's, benzene, asbestos, arsenic, lead, cadmium, selenium, and mercury. 8. INSURANCE Throughout the term of this agreement, RP, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage. Limits shall be not less than $1,000,000 per occurrence. This permit is not valid without RP's insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name the District as an additional insured. Throughout the term of this agreement, RP, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. The above Permit to Enter has been read and understood and is hereby agreed to and accepted. RHONE-POULENC, INC. By Date Rhone-Poulenc, Inc. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Date: L. Craig Britton, General Manager Attest: Deirdre Dolan, District Clerk Approved as to form: Susan Schectman, District Legal Counsel i f A SUMMARY OF THE PROPOSED COOLEY LANDING SALT POND RESTORATION 1990 Bay Road Site East Palo Alto, California 25 February 1998 Project No. 1220E SUMMARY OF THE PROPOSED COOLEY LANDING SALT POND RESTORATION East Palo Alto, California 25 February 1998 INTRODUCTION The 1994 Regional Water Quality Control Board (RWQCB) Order SCR 94-042 directs Rh6ne-Poulenc Inc. (Rh6ne-Poulenc)to mitigate for the loss of habitat and values of 3.34 acres of wetlands. The Order specifies that mitigation must take the form of wetland creation, enhancement, or restoration at a ratio of three acres of wetland for every acre eliminated. A plan to fulfill Order requirements was submitted to the RWQCB in June 1996. The plan proposed restoration of the Cooley Landing Salt Pond (the Pond), which is part of the Ravenswood Open Space Preserve in East Palo Alto. Background information on the Pond was provided in the June 1996 Plan (Attached). This summary provides additional information obtained since 1996, and presents improvements to the 1996 plan. This summary will serve as the basis for discussion at the 11 March 1998 inter-agency meeting. Once comments and guidance have been received from the agencies, a detailed plan, with supporting documentation and calculations, will be submitted as part of a U.S. Army Corps of Engineers (Corps) Permit application for review. PROJECT GOALS The goals of the restoration are to undertake activities that will: • enhance natural processes to re-establish the Pond as a tidal marsh; • enhance lost habitat functions and values for a number of wildlife species, particularly the endangered California clapper rail (Rallus longirostris) and the salt marsh harvest mouse (Reithrodontomys raviventirs); 0 optimize tidal marsh development for wildlife habitat by encouraging re- establishment of historical slough morphology; • create a link between the tidal marsh habitats to the south, north and west, resulting in a series of adjacent marshes that could support several populations of endangered and other wildlife species; and \\sf-I\dcptdatal WI'Docs\12201ebsuni,dac • provide information for future restoration projects around the San Francisco Bay, specifically, the value of re-establishing the tidal channel network. The methods by which each of these goals will be met include the following: • As per the 1996 plan,two breaches in the outboard levee will be constructed. The locations and geometry of the proposed breaches, shown on the attached Figure 1, have been selected based on historical slough morphology and on evaluation of tidal circulation. Constructing the two breaches will allow full tidal action within the pond area, and encourage tidal circulation through historical slough channels. • To further enhance the development of tidal circulation through historical slough channels,the 1996 plan has been modified to include the construction of berms along two historical channels (in alignment with the two breaches)and partially filling the borrow ditch that borders the outboard levee. This improvement to the 1996 plan will help prevent the borrow ditch from becoming the dominant slough channel and will encourage the historical channels to become deeply incised, thereby facilitating development of habitat supportive of the California clapper rail. • Once the tidal circulation has been re-established, natural sedimentation processes are expected to raise the elevation of the tidal marsh, and within several years, elevations conducive to cordgrass (Spartina foliosa)and pickleweed (Salicornia virginica) growth will have been reached. • There are small, non-contiguous wetlands located to the north and west of the Pond, and a larger tract of wetlands located to the south (the Laumeister tract). Restoring the Pond will link these wetlands, and help reduce the fragmentation of habitat that has contributed to species endangerment around the San Francisco Bay. In particular, the Laumeister tract to the south is thought to provide good quality habitat for the California clapper rail and salt marsh harvest mouse, and therefore restoring the Pond likely will increase the available habitat for these endangered species. • The restoration plan includes unique features compared to other restoration projects that have been completed around the San Francisco Bay, such as encouraging the establishment of historical slough channels and controlling the influence of the borrow ditch on tidal circulation. As a result, the proposed plan provides an opportunity to study new approaches to restoration. The plan includes a 5-year monitoring period in which the effectiveness of restoration activities can be measured. \\if1ldcptdnta`.W1'Dc s',1220'drbsum.doc CURRENT CONDITION OF THE LEVEE During the recent storm events in early February, the outboard levee over-topped in the vicinity of the existing culvert structure (Figure 1),causing a partial breach of the levee. The over-topping eroded a notch in the levee crest several feet deep, which now allows water to flow into the pond at high tide through the notch. To facilitate effective restoration of the Pond, the current plan proposes to temporarily repair the partial breach. Without the repair, the notch likely will continue to erode, and the borrow ditch may deepen significantly because of the increased water flow. This uncontrolled tidal circulation would be detrimental to the restoration, as it would further establish the borrow ditch as the dominant slough, and reduce the effectiveness of natural processes that otherwise would help establish intertidal slough morphology and increase sedimentation within the marsh. A condition similar to the nearby Faber Tract could develop, where the borrow ditch became the primary slough. As a result, the Faber Tract has not developed the historical deeply-incised, lower- order sloughs favored by the clapper rail. ALTERNATIVES ANALYSIS AND PROPOSED RESTORATION Rh6ne-Poulenc has evaluated several alternatives that may be used to achieve the project goals. The primary criteria used for the evaluation were: * Potential for development of favorable habitat for flora and fauna; * Ability to encourage development of the historic slough system; + Cost of implementation; * Construction feasibility; + Cut-fill balance; and + Degree of environmental disturbance. Various combinations of breaches, methods to encourage tidal circulation through historical channels, methods to inhibit the borrow ditch from becoming the primary slough, and full or partial removal of the levee, were considered. Of these combinations, the following plan was considered to have the greatest potential for success: \V-I Wepidata"WI'Docs,I 2201ebsum.doc f Repairing the recent breach to prevent further scouring of the borrow ditch before restoration can proceed, and to control tidal flow during restoration activities (using this location for one of the two proposed breaches was not considered optimal for the restoration due to the difficulty with building flow control berms in the broad and deep depression inboard of the breach). l. Breaching the levee at two locations corresponding to the approximate location of the two northern historic slough channels. Final design of the breaches will account for the necessary cross-sectional areas to allow for full tidal inundation of the Pond. Shallow channels also will be excavated a short distance outboard of the levee, through existing cordgrass, to allow development of outboard channels. 2. Constructing flow control berms alongside the two historical slough channels within the Pond area using material generated from the levee breach. 3. Partially filling the borrow ditch to block tidal circulation. Material used would be generated from the levee. The number and locations of these filled areas will be determined as part of final design efforts. At a minimum, the ditch will be filled on both sides of each of the two breaches. 4. The construction of berms will direct the incoming tide into the historical channels and encourage their development. Flow also will be directed toward the back of the Pond, which will enhance sedimentation and therefore the introduction of vegetation in these areas. Isolating the borrow ditch from direct tidal action will cause it to be an area of deposition while the marsh is developing, and will lessen the area of open channel relative to marsh plain. 5. A sediment sampling and analysis program will be conducted using Corps dredged material disposal evaluation methods to evaluate sediment from those areas below the mean high tide elevation that will be excavated and placed as berm material. 6. A five-year monitoring program will be implemented to track tidal marsh development. Criteria by which to measure development have been identified as part of the June 1996 %\sf-I\dcptdata\W I'1Xwsi 122GVfc bsum.dcx 4 restoration plan. Key monitoring parameters include observation of rates of siltation, types and distribution of vegetation and a qualitative assessment of habitat utilization by animals and birds. Alternatives that included removing large portions of the levee partially or entirely were not considered feasible due to the high cost. Additionally, there is benefit associated with leaving the levee in place as it will provide some protection to the wetland from tidal action while flora and fauna communities are establishing themselves. The final plan may include lowering the elevation of portions of the levee by several feet in places to generate sufficient fill to build the flow control berms and to fill portions of the borrow ditch. ADDITIONAL INFORMATION OBTAINED SINCE 1996 Philip Williams and Associates (PWA) developed estimates of the suspended sediment concentrations and sedimentation rates that will develop in the Pond as a result of the restoration. They estimated that suspended sediment concentrations likely will range from 450 milligrams per liter(mg/1)to 1800 mg/l. Natural sedimentation would occur at a rate in which cordgrass and pickleweed could be established within several years in areas currently too low to support this vegetation. PWA estimates that the average marsh surface would be raised by one to two feet once sedimentation processes are re-established. H. T. Harvey & Associates (Harvey) measured sediment salinity levels at the site. Results indicated that sediment salinity levels are only moderately elevated (between 50 and 100 parts per thousand) compared to naturally occurring levels expected for a salt marsh. Once full tidal inundation is re-established in the Pond area, surface sediment salinity is expected to quickly reduce to levels optimal for wetland vegetation growth. Harvey also conducted a survey to identify current habitats within the Pond. There are approximately 2.3 acres of upland in the southwest corner, and ickleweed habitat has PP Y P P \\sf-1 kicptdata'MI'Docs'J 220hfebsumAx 5 developed recently along the base of the western levee. The majority of the Pond interior is a former salt pond that provides loafing and foraging habitat for shorebirds during high tide. These birds forage on the outboard mudflats at low tide. A broken flap gate provides some muted tidal action to the site. That muted tidal action has been increased at high tide by a recent partial levee breach. Extensive studies of the adjacent Laurneister Tract tidal marsh (not part of this proposed restoration plan) indicate that the area provides some of the best quality habitat in South San Francisco Bay for the endangered California clapper rail and the salt marsh harvest mouse. These two species have become endangered largely through loss and fragmentation of tidal marsh habitat around San Francisco Bay. It is believed that enhanced restoration of the Pond will significantly extend the available habitat for these two species. JSA currently is completing an ecological risk assessment of the Laurneister Tract tidal marsh as part of the 1990 Bay Road Site Wetland Operable Unit. As per the June 1996 restoration plan, mitigation offsets for this Tract, if required, would be fulfilled through completion of the Cooley Landing Salt Pond Restoration. Attachment: Figure 1: Site Map, Proposed Restoration Plan June 1996 Restoration Plan \\sf-1\dcpidata\"'1'Docs\1 22046sum.doc Training Berm Borrow Ditch .a Partial Filling of >+ ' Borrow Ditch North Breach 4` I E a Levee Partial Filling of Borrow Ditch r- * Center Breach Training Berm ' -.4000 Existing Culvert (location of recently eroded ow. notch in levee). 11{•tom,•✓'�� ' .. 0 500' `y .�.� Scale _. Photo Source:Air Flight Services; Photo C53693;5 August 1997. SITE MAP Figure 14*�a Proposed Restoration Plan 1 OEOMATRIX Cooley Landing Salt Pond Project No. East Palo Alto, California 1220E Z.1 00 011 2 20 E.010-f i gh2.ai A RESTORATION PLAN FOR THE COOLEY LANDING SALT POND 1990 Bay Road Site East Palo Alto, California GEOMATRIX CONSULTANTS, INC. San Francisco, California, and JENKINS, SANDERS & ASSOCIATES Long Beach, California 18 June 1996 Project No. 1220E A RESTORATION PLAN FOR THE COOLEY LANDING SALT POND 1990 Bay Road Site East Palo Alto, California 1.0 INTRODUCTION A 1994 Regional Water Quality Control Board (RWQCB) Order(SCR Order 94-042, dated 16 March 1994) directed Rhone-Poulenc, Inc. (Rhone-Poulenc) to mitigate for the loss of habitat function and values on 3.34 acres of non-tidal wetlands. The Order(Section C.I.c) specifies that mitigation must take the form of wetland creation, enhancement or restoration at a ratio of three acres of wetlands for every acre eliminated. This plan presents a proposal by Rhone-Poulenc for a wetland mitigation that would restore and enhance habitat values to the abandoned Cooley Landing salt pond located in the Ravenswood Open Space Preserve. The proposal meets the requirements of the RWQCB Order. Conceptual agreement on this proposal with the agencies and other interested parties is sought prior to a further commitment of resources. 2.0 PROJECT BACKGROUND: NON-TIDAL MARSH The 3.34 acres of non-tidal wetlands referenced in the RWQCB Order is located in an industrial section of the City of East Palo Alto. Surrounding land uses include a chemical manufacturing plant, a solvent recycling facility, auto junk yards, and a Pacific Gas and Electric facility (see Figure I). Soil at the site contains elevated levels of arsenic as a result of pre-1970 pesticide production at a manufacturing plant owned by Rhone-Poulenc and its predecessors. In 1994, approximately 500 cubic yards (cy) of soil with arsenic levels greater than 500 parts per million (ppm)were excavated from the site. It is anticipated that the area will eventually be filled and capped to complete remediation activities at the site. Prior to the excavation effort, the non-tidal wetland habitat was already considered disturbed, and offered little habitat value (Jenkins, Sanders & Associates, 1994). Vegetative cover was patchy, 1220/1SAINST.DOC consisting largely of salt grass, with limited areas of sea bight and pickleweed. The amount of 1;onded water on the site varies substantially with the season. In the dry season, the waters diminish and plant communities are less extensive, leaving little cover for wildlife. During a 1988 survey, conducted as part of the Remedial Investigation (RI) of this non-tidal wetland, 33 species of birds were identified including waterfowl, shorebirds, raptors, songbirds, and one ring-necked pheasant(Geomatrix and SSP&A, 1989). An Ecological Assessment (EA) of these non-tidal wetlands was conducted in 1993 (Jenkins, Sanders & Associates, 1994). This study identified 18 species of birds but noted that individual birds spent very little time on the site. During an extensive trapping effort for resident mammals, only two California voles, one house mouse, and one Norway rat were captured, indicating that the utilization of the non-tidal wetland area by these mammals is limited. Fish do not have access to the wetlands and no aquatic insects were observed during the survey. The few types of insects that typically inhabit such areas include salt-tolerant mosquitoes and possibly gerrids, commonly known as water striders. In general, this site is considered to provide very low habitat value. 3.0 PROPOSED MITIGATION SITE The 148-acre Cooley Landing salt pond has been identified as a site offering a unique, large- scale mitigation opportunity. The goal would be to restore and enhance lost habitat functions and values for a number of potential resident wildlife species, including two endangered species, the California clapper rail (Rallus longirostris obsoletus) and the salt marsh harvest mouse (Reithrodontomys raviventris). Acquired by the Midpeninsula Regional Open Space District (MPROSD) in 1983, the site constitutes most of the southern portion of the MPROSD Ravenswood Open Space Preserve in East Palo Alto. The location of the site, which is adjacent to Rhone-Poulenc's facility, is shown on Figure 1. 3.1 SITE LOCATION The site is located on the west side of South San Francisco Bay in San Mateo County, at 122 07' 30" longitude and 37 29' latitude, and is mapped on U.S. Geological Survey, Palo Alto, and 1220/1SAINST.DOC 2 Mountain View 7.5 minute quadrangles. Of the 148 acres comprising the site, 120 acres are included within a ring levee. 3.2 SITE HISTORY The site remained a natural tidal salt marsh until the late 1800s. Sometime before 1943, the marsh was diked to form an intake and initial concentration pond as part of the Leslie Salt Company's Redwood City crude salt plant. Saltwater evaporation, as part of the salt production process, ceased in 1983 when the site was acquired by the MPROSD. Currently, the top of the levee perimeter serves to provide the local community with wildlife observation points, as well as walking and bicycle trails. 3.3 CURRENT CONDITIONS The eastern levee is in its originally constructed condition of uncompacted but eroding dredge spoils. When the levees were constructed, two 36-inch corrugated metal culverts equipped with flap gates were installed to allow the controlled inflow of water from the Bay. The flap gate on the south culvert is now apparently rusted shut, while the gate on the north culvert is no longer attached allowing some tidal flow through this culvert. Water levels vary several feet and cover approximately 30 to 40 percent of the area. The original marsh drainage network of sloughs and channels is intact, but has subsided to lower elevations. A small area of salt marsh exists in the southwest comer of the pond reflecting its higher elevation in relation to the remaining surface. There are only scattered salt marsh plants on the other areas. Although the original sloughs and channels are still visible on the bottom of the pond, the soil salinities are apparently outside the range of tolerance for germination of common pickleweed, alkali heath, and salt grass. These plant species are characteristic of tidal and diked salt marshes. The lack of a full tidal regime, together with a highly saline surface bottom caused by years of salt pond operation, make it difficult for plants and invertebrates to colonize the area. The perimeter levee which constitutes a fill/upland area is heavily vegetated. While the levee supports salt marsh vegetation on its lower elevations, the vegetation on the slopes largely consists of native and non-native plants considered to be ruderal or"weedy" species. Some 12208SAINSTDOC 3 alkali heath, a native salt marsh plant, also exists on the slopes. Vegetation also exists around the inside perimeter of the pond at the base of the lever.. Overall the salt pond surface is relatively barren. Although no surveys of benthic fauna have been undertaken, the surface grazing snail (Nassasarius obsoletus) has been observed in large numbers, likely feeding on single-celled algae (Jenkins, Sanders & Associates, 1991). Typically, former salt ponds exhibit a substantially reduced diversity and abundance of benthic invertebrates because of limited tidal flushing and sealing of the substrate by precipitated salts. Sampling of fish inhabiting the sloughs of the salt pond has not been carried out but slough channels outside the levees of the salt pond would be expected to be used seasonally by the same species of fish known to enter similar habitat in other functioning wetlands of South San Francisco Bay. Typically found in the sloughs would be such species as topsmelt, northern anchovy, mosquitofish, leopard shark, longjaw mudsucker, and several species of gobies. The three species of goby typically resident in slough channels presumably could not survive in the remnant slough channels of the salt pond because of the relatively impermeable and highly saline substrate. The salt pond presently serves as a temporary refuge and limited foraging mudflat habitat for a diverse number of birds including shorebirds, diving birds, wading birds, waterfowl,perching birds, and raptors. During a one-day survey over 10,000 shorebirds were observed utilizing the site with the western sandpiper comprising approximately 80% of the total (Jenkins, Sanders & Associates, 1991). Other species observed included least sandpipers, great egrets, great blue herons, double-breasted cormorants, pintails, and song sparrows. A wetland survey of the site completed in 1994 (Environmental Science Associates, 1994) identified approximately two to three acres of upland within the bounds of the levees. Following an additional survey completed in 1996, the area was revised to 1.8 acres (Katherine Cuneo, 1996). 1220/JSAINST.DOC 4 The values of the various habitat types existing within the levee are compared to a reference habitat in Table 1. It can be seen that the currently degraded condition of the Cooley Landing salt pond provides no habitat values for the California clapper rail and offers virtually no habitat value for the salt marsh harvest mouse, except as refuge from high tides outside the site. Significantly, the adjacent 85-acre wetland area, the Laurneister tract bordering the southern levee of the salt pond, supports one of the largest breeding populations of clapper rail in the South Bay and also supports a breeding population of salt marsh harvest mice. The proximity of these two populations of endangered species to the Cooley Landing salt pond would provide a source of recruitment for reestablishing both endangered species in the restored marsh. 3.4 POTENTIAL CHANGES ASSUMING NO ENHANCEMENT As discussed in previous documents (Philip Williams and Associates, 1987) if no improvements to the salt pond are made, it is likely that the existing regime of limited tidal action will continue. It is anticipated that the tidal water will gradually reduce the salinity in the soil, allowing some eventual growth of vegetation. It is also anticipated that the ring levee will fail due to erosion sometime in the next 5 to 20 years. It cannot be predicted with any accuracy when this might occur. Not until failure occurs will the pond be opened up to full tidal action and the deposition of sediments from the Bay, necessary for the restoration to cordgrass and pickleweed salt marsh. 4.0 PRIOR AGENCY CONSULTATION The input of agencies and other interested parties concerned with the proposed mitigation has been sought on various occasions. In 1993, a proposal, "Preparation of a Restoration Plan for Midpeninsula District Ravenswood Tract," was submitted for review to the U.S. Fish & Wildlife Service, U.S. Army Corp of Engineers, U.S. Environmental Protection Agency, National Oceanographic & Atmospheric Association, the RWQCB, as well as the MPROSD. In March of 1994 an interagency meeting was held to discuss the proposed restoration. The response of the agencies to the proposed restoration has been generally favorable. 1220/1SAINST.DOC 5 5.0 MITIGATION PROPOSAL In fulfillment of the 1994 RWQCB Order, Rhone-Poulenc proposes to restore the Cooley Landing salt pond to full tidal action which will allow the natural restoration to cordgrass and pickleweed salt marsh. The RWQCB Order obligates Rhone-Poulenc to create, enhance, or restore approximately 10 acres of wetland. Under the current proposal, Rhone-Poulenc will exceed that requirement by an order of magnitude. On that basis, Rhone-Poulenc proposes that by implementing the restoration and monitoring effort outlined in this document, it will have fulfilled in full its mitigation requirements for the currently required offsets and any other offsets to be required in the Wetland Operable Unit Record of Decision. This is the basis on which Rhone-Poulenc proposes to finance and implement the restoration of the Cooley Landing salt pond. 5.1 ACTIVE RESTORATION It is proposed to introduce two engineered breaches into the levee between the existing salt pond and the Bay, thereby introducing full tidal action to the pond. The breaches will be designed to maximize the sedimentation process, thereby accelerating the restoration of the area to cordgrass and pickleweed marsh. It is possible that the excavation will extend outside the limits of the levee on the Bay side to help recreate the marsh channels. Spoils excavated from the levee will be redistributed within the pond and along the sides of the remaining levee, thereby artificially raising the elevation of a portion of the pond. This again, will accelerate the return to cordgrass and pickleweed marsh in some areas, and provide salt marsh harvest mouse refuge at high tide. The size and location of the breeches will be determined at the design phase of the project. It is anticipated that the breeches will be on the order of 40 to 200 feet long with a maximum of 2:1 slopes. It is not intended to install erosion protection at the breaches, as their continued, natural erosion would be advantageous to the restoration of the pond. As part of the design process it will be necessary for Rhone-Poulenc's hydrologist to review the existing data for the site. Some site reconnaissance and topographic surveying would also be 12208SAINST.DOC required to establish sections across the site. Based on these data the hydrologist would determine the most appropriate locations to introduce the breaches in the levee and size them so as to maximize sedimentary deposition. Restoration plan specifications will be produced, and the work will be implemented by a contractor with experience in this type of work. 5.2 PASSIVE RESTORATION OF HABITAT Once regular tidal action has been restored to the site, excess salt will be leached from the soil allowing vegetation to reestablish and the passive restoration process to begin. Natural sedimentation processes will gradually raise the elevations within the pond to suitable levels for pickleweed growth in natural succession to cordgrass. In the interim, an enhanced mud flat habitat would evolve as part of the natural succession process, allowing for a more abundant and diverse invertebrate community to establish itself providing a transition from the existing habitat used by shorebirds primarily for temporary refuge to one used for foraging. Reestablished sloughs will become productive again with increasing abundance and diversity of those invertebrates and fish typically associated with functioning salt marshes within the San Francisco Bay area. These species would provide additional food sources for the various birds which visit the site. The California clapper rail would have access to numerous slough channels offering invertebrate species typical of salt marshes. Once cordgrass and pickleweed marsh become established, it is anticipated that both the California clapper rail and the salt marsh harvest mouse will benefit. The restored salt pond will form a large contiguous area of clapper rail and salt marsh harvest mouse habitat with the adjacent 85-acre Laurneister tract, which will be a source of recruitment for both species. The size of the resulting contiguous habitat recommends the implementation of the proposed restoration project, since one of the main causes of decline in the California clapper rail has been habitat fragmentation. 1220/1SAINST.DOC 7 5.3 MONITORING Once the active restoration phase of the project is complete, it is proposed to implement a monitoring program to track habitat development. Monitoring will take place in years 1, 3, and 5 following:ompletion of the active restoration. Monitoring will take the form of a qualitative assessme.,.t of the habitat restoration at the site. The same procedures will be implemented in each of the three monitoring years. It is proposed that a 1:200 scale, infrared, aerial photograph will be taken of the site. This will be ground-truthed based on field reconnaissance carried out by Rhone-Poulenc's hydrologist and biologist. Colonization by vegetation will be mapped, with dominant and co-dominant species noted. It is anticipated that field reconnaissance will take one to two days to complete. Results of the review will be compared, qualitatively, with appropriate, similar marshlands in the area. Specific comparison criteria will be developed at the design state of the project. A report will be produced summarizing the results of the monitoring effort. The report will include comments on the amount of siltation that has occurred since issuance of the previous report, the estimated rate of siltation, the type of vegetation that has become established and where is it located, and a qualitative assessment of the use of the area by animals and birds. Other pertinent data will be included as appropriate. On completion of the final monitoring report in year 5 following restoration, Rhone-Poulenc will consider that they have fulfilled their obligations under the RWQCB Order. 1220/JSAtNST.DOC 8 6.0 REFERENCES Cuneo, K., 1996, Communication with Jenkins, Sanders & Associates. Environmental Science Associates, 1994, Ravenswood Regional Open Space Preliminary Wetland Delineation. Geomatrix Consultants, Inc., in association with S.S. Papadopulos & Associates, Inc., 1989, Final Remedial Investigation Report. Jenkins, Sanders & Associates, 1991, Preliminary Biological Evaluation of Cooley Landing Salt Pond and Surrounding Wetlands, East Palo Alto. Jenkins, Sanders & Associates, 1994, Ecological Assessment of Non-Tidal Wetland, 1990 Bay Road Site, East Palo Alto, California. Philip Williams & Associates, 1987, Potential Enhancement of the Cooley Landing Salt Pond. 1220/1SAINST.DOC 9 TABLE 1 EXISTING HABITAT VALUES AT COOLEY LANDING SALT POND Guild or Habitat Type/Natural Community/Map Unit Species Open Water Mud Flats Salt Marsh Fill/Upland Property Reference Property Reference Property Reference Property Reference Benthic Invertebrates Mod High Mod High Low Mod None None Fish Low High Low High Low High None None Birds Shorebirds Mod High Mod High Low Mod Mod Mod Diving birds Low High None None None None Mod Mod Wading birds Mod High Mod Mod Mod High Mod Mod Waterfowl Mod High Low High Mod Mod Mod Mod Raptors j Low Low Mod High Low High Mod Mod Perching birds None None Low Mod Low High High Mod Special Status Species Salt marsh harvest mouse None None None Unknown Unknown High Low Mod California clapper rail None High None High None High None Low Source: ESA, 1994 1220\RAVENRAB.UOC AA \`_ SAN ERAA'pSCO All f I SALT EVAPOVIATORS� I OPEN SPACE I NATIow l YrlDlll� \7� `EE1iGE /� -� H7ESERV£ • � SAN fRAAKJSCO RAY t j 70VAL WLDUfE REfUGE Cooley Landing Salt Pond .,. �,�• a Owner: MidPeninsula err Regional Open Space District — — EVAPORATORS' SAN YFR N t r t ¢'"nvrNDva -- I T I_ �P h � F 'A NCIAS'iCO 1990 Bay Road _ Site — ——1— � I BAY Wo SAN MATED CO _ ,_ srtr rr . +oo W it Y9L€85:15 $ Y !�•. •ar SARTA C ARA CO — 1I "EEFE St hs 4 SI, M 1 4.'.�j " � � � y 7Miin►t<jS7 yj`'tt:rK� -�• AKAAU G _ �' ql- T ,,;-'•.•';'.,..;i. f, ;5+ aNrw . 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'°i�i1//�''i, ' '�'' � � `�i r@ % f'� R ^ { .;y � � /.��''"/ '',�i,'•:ti�� ; iSO����7� i 1 ii�� 4y'9�'�y'' ,/ 9f 7�t/g� n• fi�i;f'.,'y/��' .. f%... h. �>, ...ff.,r,.;�{�q�q '�I`�"ryq��/R� �HY!q 4 ?� +� #• Y�. / i%:t::':%%j?/ r/%/// ��. .^���y. .R •s!' tN u'�'�'�,•�+` ��•. 4'c1 r ,n % J a -.�/ .���:��Y� - r • t a11i :.! :f Jy7°'i`�'1a4 f ..$". +'__ - i , / c %%' /,i'::'•. "t � Nn.., Region ,� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-56 Meeting 98-09 April 22, 1998 AGENDA ITEM ;� AGENDA ITEM Attendance at the California Special Districts Association Government Affairs Day Conference for Director P. Siemens GENERAL MANAGER'S RECOMMENDATION Authorize Director Siemens to attend the California Special Districts Association Government Affairs Day one-day conference in Sacramento at a cost of$95.00. DISCUSSION The California Special Districts Association Government Affairs Day is an annual legislative conference held for special district professionals and elected officials. The conference is held in Sacramento, and will include discussion sessions on a variety of legislative subjects of interest to the District, including state budget issues, the 1998 park bond act, upcoming legislation, local government issues, Brown Act changes, and others. The per-person registration fee for the one-day conference is $95. There are no other costs associated with attendance at this conference. General Manager L. Craig Britton and Public Affairs Manager Malcolm Smith will also be attending this conference. Prepared by: M. Smith, Public Affairs Manager Contact person: L. Craig Britton, General Manager 3.30 Distel Circle - Los Altos,CA 94022-1404 Phone: 650-691-1200 FAX: 6.50-691-0485 * E-mail: mrosd@openspace.org Web site:www.openspace.org Pete Siemens,Mary C.Dave Jed Cyr,David T.Smernoff,Nonette Hanko,Bets Crowder,Kenneth al Manager: Board of fJirectors;P � y, y _ y C. Nitz � General � gNr:L.Craig Britton Rqqlonai Open -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-55 Meeting 98-09 April 22, 1998 AGENDA ITEM 6 AGENDA ITEM Review of Prices and Policy Regarding Agenda,Minutes and Packet Subscriptions GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize increasing current agenda subscription rates to reflect the increased cost of production,while remaining substantially below actual cost. 2. Develop the District's online resources to provide access to agenda materials free of charge via the Internet and email. DISCUSSION The District's current policy for assessing fees for agenda subscriptions is defined in"The Rules of Procedure" adopted by the Board,and provides for the following: • "Agendas will be available with no charge upon request to public officials,newspapers in the District and members of the public at the District office by 9:00 A.M. on the Monday preceding the regular meeting." • "Members of the public may subscribe on an annual basis to receive agendas,or agendas and minutes,or agendas,minutes and supporting materials...fees will be waived for members of the press,Board members- elect,Board candidates and former Board members for a period of six months following their leaving office. Charges for public subscriptions will be adopted from the Board from time to time." Fees were first established for agenda materials in 1977 and were last evaluated in 1987. The chart below compares the District's current agenda subscription rates with the estimated expense to produce and deliver the materials,based upon an average of 36 meetings annually.The estimated expense was arrived at by calculating the average size(in pages)of the agenda packets over the past year and factoring in the actual production cost per page(including copy machine lease expense)and the estimated labor cost to copy,sort,collate and mail the agenda. Based upon these factors,our estimated current expense to produce agendas is 3.5 times greater than the fees we are currently charging for full and partial packets,and 4.8 times greater than the fees for the agenda only. Agenda Subscription Current Rate Estimated Production Cost Proposed New Category Rate Full Packet $110 $389 $220 Agendas and Minutes $29 $102 $60 Agenda Only $10 $48 $20 330 Distel Circle Los Altos, CA 94022-1404 * Phone:650-691-1200 FAX: 650-691-0485 - E-mail: mrosd@openspace.org Web site.:www.openspace.org (3o,trd of Directors.Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff, Nonette Nanko, Betsy Crowder,Kenneth C. Nitz « General Manager:L.Craig Britton ................... R-98-55 Page 2 The following table shows the results of a recent survey conducted among eight local government agencies regarding their agenda subscription practices."Pick up only"indicates that subscriptions are not available,but copies can be obtained at agency offices. Agency Comments Agenda Only Agenda/Minutes Full Packet City of Mountain View 24 meetin s annually. $24 $36 $60 Coumy of Santa Clara Website access encoura ed Pick u onl $135 -- Cityof Palo Alto 24 meetings annually. Website $30 $130 Pick u only Y P Y access encouraged City of Sunnyvale Website access encouraged Subscriber Pick up only, Pick up only provides $.30 per page stamped envelope City of Menlo Park Website access only -- -- -- City of Redwood City Website access encouraged Free to Pick up only Pick up only residents;$35 to non- residents San Mateo County By email only Available at -- •- meetings East Bay Regional 24 meetings annually.Website Free $50 $100 if Park District access encouraged picked up $150 if mailed .Pitt'o�ed. > :A rtt�€, ` ttietiti ` itttall _. 211 ....: S2_ ;MROSD- Although there is a wide variation among the agencies surveyed,it is clear that most agencies charge more than the District and hold fewer meetings per year. In addition,almost all of the agencies surveyed either encourage website access to agenda materials,or provide access only through electronic means(by email or through their websites). The District provides access to agendas and minutes in a text format at the District's website,but does not provide email subscriptions or electronic access to reports and other back-up materials. The District currently publishes its newsletters on the website in"portable document format"(PDF),which allows for an exact reproduction of the original document. Agenda reports and graphic materials,which are difficult to post to the website as text,can be converted to PDF and read with the free"PDF Reader"software available at our website. Staff is developing a procedure whereby converting and publishing the entire packet to the website will be a part of the standard agenda process.With the addition of an email subscription service,all materials could be obtained electronically at a fraction of the time and expense involved in paper production. Agenda subscribers will be advised of the free agendas available at our website,or may elect to subscribe by email. The development of the District's online resources,which we expect to have available by June 30, 1998, will allow for greater public access at no cost to the District or to the public. Increasing existing fees and charges for agenda materials will allow the District to continue to subsidize public access to a reasonable extent while covering production expenses. Prepared by: Peggy Coats,Administrative Analyst Contact person: L. Craig Britton,General Manager Rqg)ional Open L ice R-98-49 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-09 April 22, 1998 AGENDA ITEM AGENDA ITEM Authorization to Purchase a Pit Toilet Unit for Monte Bello Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1 Determine that the following action is categorically exempt from the California Environmental Quality Act (CEQA). 2. Authorize staff to replace a pit toilet unit for the Monte Bello parking area, substituting it for a pit toilet unit for the Monte Bello backpack camp. The purchase of three pit toilet units, including the Monte Bello backpack camp, was approved by you at your September 24, 1997 meeting. The cost of the three units will remain the same, not to exceed $50,000. DISCUSSION At your September 24, 1997 meeting, you authorized staff to purchase three (3) pit toilet units from Restroom. Facilities, Ltd. of Reno, Nevada for Skyline Ridge, Monte Bello, and Windy Hill Open Space Preserves at a cost not to exceed $50,000. The three units were to be installed near the Daniels Nature Center at Skyline Ridge, the Black Mountain backpack camp at Monte Bello, and the Spring Ridge parking area at Windy Hill. Staff refrained from placing the order immediately, since Restroom Facilities, Ltd. is also the subcontractor responsible for the installation of the pit toilet for the lower Windy Hill parking area on Portola Road. This would enable staff to see the installed unit prior to placing the order. The Windy Hill restroom installation was delayed for several months due to winter rains. However, the unit was recently installed and staff is pleased with the outcome. Since your September approval of the three units, staff has also discovered an additional vendor, Biological Mediation Systems, Inc. of Fort Collins, Colorado, that manufactures a pit toilet specifically designed for remote locations. This unit requires minimal tank cleanout and is better suited for the remote Black Mountain backpack camp at Monte Bello. The initial cost is comparable to the Restroom Facilities unit, but in the long term, holding tank pumpout costs should be greatly reduced. Staff ordered one of these units for the Black Mountain backpack camp under the General Manager's purchasing authority at a cost of$16,113.75. Installation is expected by mid-June. The existing chemical-recirculating restroom at the Monte Bello parking lot has an ongoing history of maintenance problems. More recently, the heavy winter rains required closure of the restroom. A localized high water table near the restroom was raised even higher by heavy winter rains. Water ponded around the restroom and flooded the underground holding tank. 330 Distel Circle - Los Altos,CA 94022-1404 Phone: 650-691-1200 FAX:650-691-0485 s E-mail: mros(i@openspace.org Web site:www.openspace.org Board of Oirv(tors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernott, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton R-98-49 Page 2 A portable unit is being used in the interim, but replacement of the restroom unit to a new higher and drier location on the opposite side of the parking area is a high priority. Replacement of the chemical-recirculating unit with a pit toilet to a new suitable location will eliminate the ongoing maintenance costs. Replacement of the Monte Bello restroom was not budgeted this fiscal year. However, Peninsula Open Space Trust (POST) and staff are discussing the possibility of POST donating funds to the District to renovate the Spring Ridge parking area at Windy Hill. If implemented, the funds would include the cost of installing the restroom unit. The money budgeted for the Spring Ridge unit could then be substituted for the needed Monte Bello parking area replacement unit. Upon your authorization, staff is prepared to immediately purchase the three units from Restroom Facilities: one for the Monte Bello parking lot (substituting for the backpack camp location), one for Windy Hill's Spring Ridge picnic area, and one for the Skyline Ridge Daniels Nature Center. Installation is included as part of the fee charged by Restroom Facilities, Ltd. The units should be installed within 45 days of placing the order. California Environmental Quality Act (CEQA) Compl._iance Project Description The project consists of the removal of a concrete vault and small building, restoration of the site and installation of one new pit toilet at the Monte Bello Open Space Preserve parking area. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA under Sections 15303 and 15304. Categorical Exemption Section 15303 - New Construction or Conversion of Small Structures The restroom is considered new construction of a small structure on District land. Categorical Exemption Section 15304 - Minor Alterations of Land The restroom installation will consist of minor alterations to the condition of the land. Prepared by: Mary de Beauvieres, Acting Senior Planner Contact person: Same as above v I 1Open c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-51 Meeting 98-09 April 22, 1998 AGENDA ITEM _8 AGENDA ITEM Cancellation of May 13, 1998 Regular Meeting and Scheduling of a May 6, 1998 Special Meeting GENERAL MANAGER'S RECOMMENDATION Cancel your May 13, 1998 Regular Meeting and Schedule a May 6, 1998 Special Meeting DISCUSSION The evening of your Regular Meeting of May 13, 1998 is also the opening reception of this year's Special Park District Forum which the District is hosting along with East Bay Regional Park District. Several staff and Board members are attending the May 13 opening event. Therefore, I recommend that you cancel the May 13, 1998 Regular Meeting and schedule a May 6, 1998 Special Meeting. The May 6 meeting will include a Regional Open Space Study Workshop (ROSS) from 6:00 - 7:30 p.m., with a business meeting to follow. Prepared by: D. Dolan, Administrative Services Manager Contact person: L. Craig Britton, General Manager I 330 Distel Circle - Los Altos, CA 94022-1404 Phone: 050-691-1200 FAX: 65 0-691 0485 - E-mail: mrosduopenspace.org Web site:www.openspace_org �ry Board of 0irec tors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Srnernoff,Nonette I lanko, Betsy Crowder,Kenneth C. Nitz - General Manager.L.Craig Britton Claims No. 98-08 Meeting 98-09 Date: April 22, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4004 599.86 Acme & Sons Sanitation Sanitation Services 4005 45.98 A T & T Telephone Service 4006 230.00 Avcar Rental Van Rental--Fremont Older House Tours 4007 45.00 Carol Belew Docent Training 4008 65.00 Berry's Pest Control, Inc. Bimonthly Service 4009 240.00 Louis Bordi General Engineering EMO Training-M. Casaretto 4010 132.00 •1 California Department of Fish & Game Stream Alteration Permit 4011 126.62 California Water Service Water Service 4012 338.49 Callander Associates Windy Hill Parking Study Consultant 4013 22.73 Contemporary Engraving Name Badge Engraving-Trail Patrol 4014 2,109.47 Cotton, Shires & Associates Shilling Lake Spillway Engineering 4015 119.00 Council on Education in Management Renewal Subscription 4016 50.00 Chris DiLeanardo Docent Training 4017 457.00 Enshallah Inc. Teague Hill Consultant 4018 36.62 Emergency Vehicle Systems Vehicle Lightbar Repairs 4019 31.00 Federal Express Corporation Express Mail 4020 55.74 Film To Frame Reproduction Services 4021 1,000.00 •2 First American Title Insurance Company Aitken Acquisition Deposit 4022 774,000.00 First American Title Insurance Company Aitken Acquisition 4022 50,000.00 First American Title Insurance Company Weaver Acquisition 4023 905.25 Forestry Suppliers, Inc. 55 Gallon Sprayer and Supplies 4024 22.43 Foster Bros. Security Systems, Inc. Key Duplication 4025 25.10 G & K Services Shop Towel Service 4026 3,329.54 Gardenland Power Equipment Field Supplies & Tools 4027 110.00 GreenWaste Recovery, Inc. Skyline Dumpster Service 4028 55.29 GTE Wireless Cellular Phone Service 4029 515.17 Home Depot Field Supplies 4030 55.63 Honda Peninsula Honda Generator Battery 4031 28.00 Hyster Sales Company Bobcat Service Parts 4032 960.52 J. L. Darling Corporation Signs 4033 4,877.37 Jakaby Engineering Bridge and Parking Consultant 4034 62.02 Langley Hill Quarry Baserock 4035 1,007.38 Lanier Worldwide, Inc. Copier Leases 4036 118.13 Los Altos Garbage Company Dumpster Service 4037 72.36 MADCO Welding Supply Company Welding Supplies 4038 163.22 MetroMobileCommunications Radio Repair 4039 356.14 Meyer Appliance Commercial Dryer-Ranger Station 4040 1,040.00 Micro Accounting Solutions Computer Consulting Services-Distel 4041 409.66 Micromedia, Inc. Microfiche Services 4042 210.99 Mid-Peninsula Electric Electrical Repairs--Nature Center 4043 45.00 Roger Meyers Docent Training 4044 1,680.93 Office Depot Office Supplies 4045 1,793.71 Orchard Supply Hardware Field Supplies 4046 1,432.06 Pacific Bell Telephone Service 4047 394.12 PIP Printing Printing Services 4048 121.33 Peninsula Open Space Trust Easement Monitoring Services 4049 125.00 *3 Pt. Montara Lighthouse Hostel Reservation Deposit-Operations Retreat Page 1 Claims No. 98-08 Meeting 98-09 Date:April 22, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4050 17.43 Rancho Ace Hardware Shop Supplies 4051 34.13 Rayne Water Conditioning Water Service 4052 42.50 Rich's Tire Service Tire Repairs 4053 1,556.99 Roy's Repair Service Vehicle Maintenance & Repair 4054 30.88 *4 San Mateo County Permit Extension 4055 69.82 Signs of the Times Signs 4056 20.00 *5 Sonoma County Public Health Department Tick Testing 4057 122.00 The State Bar of California Bar Dues--S. Schectman 4058 23.94 State Board of Equalization Diesel Fuel Tax 4059 130.00 State of California-OES Training Certificates--Haz Mat Class 4060 497.84 Summit Uniforms Uniforms 4061 452.99 Taylor Rental Center Bobcat Excavator Rental 4062 240.00 Therma Corp. Heating & Air Conditioning Service 4063 32.85 Tooland, Inc. Equipment Part 4064 20,575.21 Turner & Mulcare Legal Services 4065 3,623.91 VISA Field Supplies, Local Business Meeting Expense, Conference Expense, Office Supplies and Resource Documents 4066 98.48 M. Douglas Vu Vehicle Expense 4067 300.00 Roberta Wolfe Recording Services 4068 85.27 The Workingman's Emporium Uniforms 4069R 480.00 California Conservation Corps. Pulgas Ridge Plant Removal Project 407OR 2,109.47 California Department of Fish & Game Permit Extension Fee--Mindego Creek 4071R 277.40 MCI Long Distance Phone Service 4072R 120.00 Rich Voss Trucking, Inc. Trucking Charges-Deer Hollow Farm 4073R 456.27 S. G. Barber Gate Installation-Portola Heights Road 4074R 226.69 Malcolm Smith Vehicle Expense 4075R 71.83 Cheryl Solomon Vehicle Expense 4076R 300.00 Roberta Wolfe Recording Services 4077R 47.45 Lisa Zadek Vehicle Expense 4078R 374.33 Petty Cash Local Business Meeting Expense, Office Supplies, Vehicle Expense, Docent Supplies, Resource Documents and Field Supplies TOTAL *1 Urgent Check Issued April 16, 1998 *2 Urgent Check Issued April 17, 1998 *3 Urgent Check Issued April 15, 1998 *4 Urgent Check Issued April 17, 1998 *5 Urgent Check Issued April 10, 1998 882,038.54 Page 2 Claims No. 98-08 Meeting 98-09 Date:April 22, 1998 16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4004 599.86 Acme & Sons Sanitation Sanitation Services 4005 45.98 A T & T Telephone Service 4006 230.00 Avcar Rental Van Rental--Fremont Older House Tours 4007 45.00 Carol Belew Docent Training 4008 65-00 Berry's Pest Control, Inc. Bimonthly Service 4009 240.00 Louis Bordi General Engineering EMO Training-M. Casaretto 4010 132.00 •1 California Department of Fish & Game Stream Alteration Permit 4011 126.62 California Water Service Water Service 4012 338.49 Callander Associates Windy Hill Parking Study Consultant 4013 22.73 Contemporary Engraving Name Badge Engraving-Trail Patrol 4014 2,109.47 Cotton, Shires & Associates Shilling Lake Spillway Engineering 4015 119.00 Council on Education in Management Renewal Subscription 4016 50.00 Chris DiLeanardo Docent Training 4017 457.00 Enshallah Inc. Teague Hill Consultant 4018 36.62 Emergency Vehicle Systems Vehicle Lightbar Repairs 4019 31.00 Federal Express Corporation Express Mail 4020 55.74 Film To Frame Reproduction Services 4021 1,000.00 *2 First American Title Insurance Company Aitken Acquisition Deposit 4022 774,000.00 First American Title Insurance Company Aitken Acquisition 4022 50,000.00 First American Title Insurance Company Weaver Acquisition 4023 905.25 Forestry Suppliers, Inc. 55 Gallon Sprayer and Supplies 4024 22.43 Foster Bros. Security Systems, Inc. Key Duplication 4025 25.10 G & K Services Shop Towel Service 4026 3,329.54 Gardenland Power Equipment Field Supplies & Tools 4027 110.00 GreenWaste Recovery, Inc. Skyline Dumpster Service 4028 55.29 GTE Wireless Cellular Phone Service 4029 515.17 Home Depot Field Supplies 4030 55.63 Honda Peninsula Honda Generator Battery 4031 28.00 Hyster Sales Company Bobcat Service Parts 4032 960.52 J. L. Darling Corporation Signs 4033 4,877.37 Jakaby Engineering Bridge and Parking Consultant 4034 62.02 Langley Hill Quarry Baserock 4035 1,007.38 Lanier Worldwide, Inc. Copier Leases 4036 118.13 Los Altos Garbage Company Dumpster Service 4037 72.36 MADCO Welding Supply Company Welding Supplies 4038 163.22 MetroMobileCommunications Radio Repair 4039 356.14 Meyer Appliance Commercial Dryer-Ranger Station 4040 1,040.00 Micro Accounting Solutions Computer Consulting Services-Distel 4041 409.66 Micromedia, Inc. Microfiche Services 4042 210.99 Mid-Peninsula Electric Electrical Repairs--Nature Center 4043 45.00 Roger Meyers Docent Training 4044 1,680.93 Office Depot Office Supplies 4045 1,793.71 Orchard Supply Hardware Field Supplies 4046 1,432.06 Pacific Bell Telephone Service 4047 394.12 PIP Printing Printing Services 4048 121.33 Peninsula Open Space Trust Easement Monitoring Services 4049 125.00 •3 Pt. Montara Lighthouse Hostel Reservation Deposit-Operations Retreat Page 1 s a OPERATIONS MANAGEMENT-PROGRAM 61 P.1 4 ADOPTED BUDGET WM ( f*#*###*f*�*#R##RAf*##*###lfRRfttflfl*#toff iNt!!ltfff#!t ifffiftitittif fttitttffttiff t#ttttttRt*!f* itNRltlllt!ltfff!!!t!!!tlNf• 97/96 97/98 97/98 98/99 IAdopted Nvocled Actual Adopted I SALARIES 6 BENEFITS Budget E)pwwes E)Vwwee BudcW i 14100 GENERAL MANAGER I APPOINTEES 1,614,300 1,518,390 0 1,630,100 I 01 Group Leaders 77,050 76,800 77,850 JOHN I 02 SupwAmy/Praleaek nal(Perm) 137,850 142,300 149,150 DAVID T./GORDON/JODI I 03 Temporary EnPbyees I 04 (Perm) 37,800 37,000 38,000 KATHLEEN I 07 Ranger(Perm) 497,950 509,300 W350 RANGERS 68 Supwvisinp Ranger 116.550 65,790 117,750 ANNEITE&SANGO i I 09 Senior Rarger 200.900 204,000 202,850 DENNIS JOHN K.,TOM L&PATF 10 Open Spwoe tech(Penn) 347.750 323,300 350.350 OST'S I i t Open Speos Tech(Tamp) 97,750 00,200 94,050 8000 HRS.X 11.76 I 12 Overtime 16,000 4,000 8,000 13 Dooerd Vohi nlser 7,300 I 15 M*oIw*X-- uipt.Opwalor 85,000 68,400 85,750 CRAIG/MARK i 4300 RETIREMENT PLAN 151,850 148,450 0 227j050 I 01 Pers 127,500 123,800 200,350 03 G.M.Appoinlese/Us1.Comp. 3,050 3,700 4,750 I 04 SS Mectiaal 21,100 /8,950 21,950 1.45%+62%-SEASONALS 4400 GROUP INSURANCE 171,000 153,950 0 176,900 01 Health 122,350 111,500 125.350 I 02 Dented 20,400 23,800 28,050 I 03 Life 2,300 1,900 4,400 I 04 Long Term Umbft 10,400 9,050 10,550 05 Pre"EmPbymerd PtWelcai 06 EAP 6,250 4,500 6,000 I 07 Vision 3,300 3,200 3,750 I 06 Cafeteria MwVSection 125 0 0 600 I 14500 STATE MANDATED INSURANCE 77,950 67,300 0 77,300 I Ot Worker's Comperw dIon 77,950 67,300 77,300 I I 1 I TOTAL SALARIES&BENEFITS 2,014,900 1,886,090 0 2,111,350 I Claims No. 98-08 Meeting 98-09 Date:April 22, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4050 17.43 Rancho Ace Hardware Shop Supplies 4051 34.13 Rayne Water Conditioning Water Service 4052 42.50 Rich's Tire Service Tire Repairs 4053 1,556.99 Roy's Repair Service Vehicle Maintenance & Repair 4054 30.88 *4 San Mateo County Permit Extension 4055 69.82 Signs of the Times Signs 4056 20.00 *5 Sonoma County Public Health Department Tick Testing 4057 122.00 The State Bar of California Bar Dues--S. Schectman 4058 23.94 State Board of Equalization Diesel Fuel Tax 4059 130.00 State of California-OES Training Certificates--Haz Mat Class 4060 497.84 Summit Uniforms Uniforms 4061 452.99 Taylor Rental Center Bobcat Excavator Rental 4062 240.00 Therma Corp. Heating & Air Conditioning Service 4063 32.85 Tooland, Inc. Equipment Part 4064 20,575.21 Turner & Mulcare Legal Services 4065 3,623.91 VISA Field Supplies, Local Business Meeting Expense, Conference Expense, Office Supplies and Resource Documents 4066 98.48 M. Douglas Vu Vehicle Expense 4067 300.00 Roberta Wolfe Recording Services 4068 85.27 The Workingman's Emporium Uniforms •1 Urgent Check Issued April 16, 1998 *2 Urgent Check Issued April 17, 1998 *3 Urgent Check Issued April 15, 1998 *4 Urgent Check Issued April 17, 1998 *5 Urgent Check Issued April 10, 1998 TOTAL 877,575.10 Page 2 OPERATIONS MANAGEMENT-PROGRAM 61 BUDGET9WW I 97/90 97/96 97/98 98/90 I Ipmocted Projected Actin Adotftd1 SERVICES&SUPPLIES Budget Eapermes Epeness Sudgat 7600 VOLUNTEER PROGRAM 0 0 0 I I 01 NewsleftersI I 02 Volunteer Projects I I I I I 03 Vd w►teer&Dooer►t TraSn V I I I I I I 04 Ramurce MMwk& I I I I I 0s RecognWwI I I I I 06 TraH PaW&Dooent Urdforms I I I ----= I ........... Regional L MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Boaz TO:• f Directors d o FROM: C. Britton, General Manager DATE: April 22, 1998 SUBJECT: FYI i I I I 330 Distel Circle Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 e E-mail:mrosd@o ens ace.or Web site:www.o ens ace.or P F� � p P 8 Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David F.5mernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz_ . General Manager:L.Craig Britton April 17, 1998 APR 2 0 �^� NAL MIDPENjN,SU �LA p `:ION Mid-Peninsula Regional Open Space District opr-N SPACE 330 Distel Circle Los Altos, CA 94022 1 have enclosed a copy of a letter that I plan to send to the San Francisco Chronicle. I wrote the letter to express my sincere appreciation for the work that your agency has accomplished. I wish you continued success in your future efforts to preserve the limited amount of open space that's left on the San Francisco peninsula. Please use the letter as you see fit, and do not hesitate to contact me if I can offer any assistance or support in the future. Sincerely, Ronald Oertel 100 Buena Vista Terrace San Francisco, CA 94117 (415) 431-5287 P.S. - I might send the letter to other newspapers as well. I'll send you a copy if it's published. t Editor:" I am writing in response to the recent series of articles regarding the proposed building of a convent along Skyline Boulevard, and the attempt to purchase the property through eminent domain proceedings by the Mid-Peninsula Regional Open Space District. One of the reasons for writing this letter is to express my appreciation for the work that the MROSD has already accomplished. As a native San Franciscan, I am always seeking out-of-the-way spots to get away from the bustle of the City. For years, I traveled to Mt. Tamalpais or Point Reyes in Marin County to seek out these places. However, about 6 years ago, I discovered Purisima Open Space Preserve on Skyline Boulevard, just south of the location of the proposed convent. I was astonished at the beauty and remote location, so close to major population areas. I also couldn't help but notice the Mid-Peninsula Regional Open Space District (MROSD) signs posted at the entrances. During my visits to the park, I read about the history of the new park and the surrounding area. The redwood forests on the site of Purisima Open Space Preserve were logged as recently as the 1970's! Since discovering the park, I have made a point of exploring the area around Skyline Boulevard. (The Trail Center, a non-profit organization in Los Altos, publishes an excellent map showing the location of various parks on the San Francisco peninsula.) I cannot truly explain the satisfaction (and pride) that I felt after realizing how much work a government agency (MROSD) had accomplished toward preserving the limited amount of open space/parkland that's left in the Bay Area. This is not just plain "open space" - the area around Skyline Boulevard is covered with redwood forests and surrounded by beautiful views! When I read the Chronicle's article regarding the attempt of the MROSD to purchase the land through eminent domain proceedings, I cringed. I realized that it would not look good for a government agency to try to "take" land from anyone, let alone a religious organization. However, in my heart, I was excited and full of hope. During my previous visits to the area, I had stumbled upon the area of the proposed convent. (I immediately recognized the area from a recent television report regarding the controversy.) This may seem selfish, but I know that this land would make a spectacular park. I remember this particular spot as having a large, relatively level area with impressive views of the Pacific Ocean (between the trees). I remember wondering who owned it, and hoping that it would someday be converted into a park that would be preserved for everyone to cherish. No one is comfortable with the idea of a government agency using eminent domain proceedings to purchase private property, even when it would benefit everyone else. However, I have since found out that the previous owners - a separate religious organization - did not even allow an opportunity for MROSD to submit a bid for the land when it was sold to the Russian Convent of Our Lady of Vladimir two years ago. In fact, MROSD contacted the previous owners in the early 1980's to express interest in purchasing the property if it ever became available. (Before they purchased the land, the Russian Convent was aware of the MROSD's interest in preserving the property, as well as the probable opposition they faced if they pursued plans to develop it. Facing intense political pressure, no one can blame MROSD for abandoning plans to purchase the property through eminent domain proceedings. However, unless this proposed major building project can be stopped by the county's planning commission, it seems likely that another natural treasure will be (at least partially) lost. I still hold out a glimmer of hope that the Russian Orthodox nuns will ultimately choose to build the convent in a more suitable location. Sincerely, Ronald Oertel Qnn Gronnicnn Regional Open ,)ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April21, 1998 This letter also sent to: Mr. & Mrs. Wright Mr. Todd McGee Mr. Ernest Breakfield Mr. Berry Stevens Mr. Jerry Cooley Mr. Bo Gimbal 22424 Highway 9 Boulder Creek, CA 95006 Re: El Corte de Madera Creek Open Space Preserve Study Area 2 Trail Use Plan (draft) Dear Bo: I Thank you so much for participating in the Study Area 2 Task Force for El Corte de Madera Creek Open Space Preserve. Your time and energy during the planning process really helped create a well-rounded plan for the public and Board to consider. The divergent opinions of the task force represent the variety of preserve users we encounter. The process is more effective with a variety of opinions. I believe our efforts helped to create a Trail Use Plan that addresses not only the needs of the existing visitors, but those of future visitors. The next step is for the Board ad hoc committee (Betsy Crowder, Jed Cyr and David Smernoff) to hold a meeting to present the plan to the public. The meeting is scheduled for Tuesday, April 28 at 7:00 p.m. at the District office. You are invited to attend and will be given an opportunity to address the committee about the plan and planning process, if you so desire. I am also enclosing a copy of the draft map for your use. Following the April 28 meeting, I will be preparing a written report, which along with the map, will go before the full Board for their consideration and adoption. Regards, Mary de uvieres Acting Senior Planner enc. cc: Board of Directors J. Escobar 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton Proposed rail Use Plan : ItudyArea 2 p El Corte de Madera Creek Open Space Preserve f+ a (CM01) -wort 7r ,�_ `�•iiy4 Multi-Use Trails 0 ss4f oSkeggs , patrol Routes (Multi-Use) Hiking Only Trails <' Close and Restore s ss� r 5el ah Tr�,'� o �.. New Construction/Realignment �} (Multi-Use) jY 67 �) 69 ` 6 .... � 82 • ---. 70 --p 71 ' � ' • Off/ f 810 c1G 79, 83_ `=___',- 84 (CM03J 75 90 �; p•,�+.,,..M 'c,=' `;, .00 � it 87 •� 'p���cl a (OD 4\ p A 76 92 � -fir boa ♦� a� area0414,ai 4/2/98 LtNt)A A . K(rJ&— l5 f EL(PKWo eF-A(-) r1S� MDunitAl�l Vt eVv CA 94o.+o T WiS1� Cvt,��_GtVt_ AWi n.tOV£ . r��%r�,ti/c�lf�C.. 4v,vf-tpC�eG� �^� you2 DE�.1SIOl c1� i}c��I�at�Etk:� .cr,. frt�1 nxtn� 5 . 6�L1 K �� � . �v�rccE /-t � AA.0 F1�Ec.J- v P"'j :� ----__ - --C.rt.�vI-fit�.(.�.� , � 1-�J E,.__��ti'f��c,�_I�-S,.1�;, r�� e.� ;4%' .`f}t�.. �✓____ - _ T evu,- ,o WP l i-- d%.k q s w V_I_. -- f tz s T oft T-C t; CAy1r , IS A tJCW;r�/�An�.�z 'C_. l�/►S . ICE, IT— � rCill'FJ� S%A�1 1�-(� (�(t-o�;!c.E � !?��„ 4'•c�=W�. ��, LPL-cJEc-u(aEaM fcti%� F Rya/i (.._ 71 A f: C ra-t t� .S�vV r D A_j Pt�Cz;4� A T �v -.-1U C .E�t.� s .k riff t s c C)r. Af Frjof, 'i U �� h�c Yk o N `T)tF5Q-F— �Ar�c�_Jet S i C.l,�.r• -- - �, --- .. ���_-tit ot�• .Qf��v��..-� Pr�.c( .�, A - jr .__ _--------_�c.J�s�__�Ja•�J,`�� Wl�� � �k�cj�Cl�f�t��. M fa►s. ���f.�.���Gut..i�}° Regional e L. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: April 17, 1998 SUBJECT: FYI I 330 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 - E-mail:nirosd@openspace.org openspace.org Web site:www.openspace.org . Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz -General Manager:L.Craig Britton Regional Open ace ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 17, 1998 Mr. Erik Vink, Field Director American Farmlands Trust 1949 5th Street, Suite 101 Davis, CA 95616 Dear Mr. Vink: Thank you for agreeing to attend the special workshop of the Midpeninsula Regional Open Space District Board of Directors on May 20 in Los Altos. As we discussed, the District is contemplating an expansion of its boundaries to include the San Mateo County coast, a portion of which is in active agricultural use. Your insights into the issues surrounding agricultural leases, easements, and related land use matters will be of great value to our Board of Directors in their decision-making process. We agreed that the District will reimburse your out-of-pocket expenses for your attendance, in an amount up to $100. Following the workshop, please provide an invoice and we will process reimbursement. Again, thank you for your assistance. The workshop will be held from 6:00 p.m. until 10:00 p.m., Wednesday, May 20. Our office is located at 330 Distel Circle, Los Altos. Please call us at (650) 691-1200 for detailed directions, or if you require any additional information. Sincerely, L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Srnernoff,Nonette I lanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton INTER-OFFICE MEMORANDUM April 15, 1997 TO: Craig Britton, General Manger FROM: Gordon Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month March Year 1998 VIOLATIONS TOTALS CITES CRIK S Bicycles Vehicle hit & run I Closed area 9 8 Speed 10 6 ACCIDENTS/INCIDENTS Helmet 10 7 Bicycle 4 Night-riding 0 0 Equestrian _Q Unsafe operation 0 0 Hiking/running . 2 Dogs Other first-aid �3 Prohibited area 6 2 Search/rescue 0 Off-leash . 6 4 Air evacuation 0 Off-road vehicles 0 0 Closed area ,� 1 ENFORCEMENT After hours 10 4 Citations 59 Fishing 0 0 Written warnings 3 Vandalism 0 0 Arrests — 0 Parking 32 19 Police assistance 3 Parking after hours 16 8 Dumping/littering 0 0 MUTUAL AID Campfires 0 0 Accidents 6 Weapons Law Enforcement I Actual contact 0 0 Landing Zone 1 Report only 2 0 Evidence of 0 0 Obstructing free passaged SUMMARIES OF SIGNIFICANT INCIDENTS Mar. 11: J. Kowaleski observed two individuals in Rancho de Guadalupe who fled when they saw him. One of the individuals was found and a citation was issued for a prohibited area violation. Mar. 12: Staff assisted in locating a landing zone (LZ) to evacuate a person with a critical head injury resulting from an accident that occurred at Langley Hill quarry. A storm front was moving in across Skyline, requiring that the LZ be moved four times as weather deteriorated. Staffs knowledge of various options facilitated a safe evacuation from an LZ on Page Mill Road near the lower area of Los Trancos. W. Phillips, D. Danielson. Mar. 13: A serious solo bicycle accident occurred at St. Joseph's Hill OSP. The cyclist lost consciousness for a short time and sustained a head injury. He was taken by air ambulance to Valley Medical Center. P. Hearin, County Fire, Los Gatos Town Rangers, AMR paramedics, and Life Flight handled the incident. Mar. 13: K. Carlson encountered a vehicle obstructing Pheasant Road in Rancho de Guadalupe. The driver was standing in the roadway. He stated that "a lot of weirdos hang out in the area," and that he was homeless. A drivers license check indicated the driver had a felony drug warrant out of Oregon. A SC deputy was requested and advised he had a 20 minute response time. Approximately 20 minutes later it was determined that Oregon would not extradite from California. The subject was released. Mar. 13: T. Karnofel stopped a cyclist for speeding (26 mph) in Sierra Azul OSP. The rider said that he would give up riding bikes before he would slow down. A citation was issued. Mar. 15: W. Phillips investigated a 'gunshots heard' call near or at Foothills OSP. After meeting with a deptuy from Santa Clara SO it was felt the shots may have been from adjacent private property. Mar. 17: A vehicle was hit by a golf ball in Fremont Older OSP. The driver then moved the vehicle to the middle of the full lot. Another driver backed his vehicle into it and left the lot at a high rate of speed. K. Miller and CHP responded to the lot. CHP completed a hit-and-run report. Mar. 18: A phone report was taken by T. Lausten about an incident that occurred at Rancho San Antonio OSP. The caller stated that he was forced off the road-width trail by a large group of high school runners. He said this happens three to five times a year. Mar. 19: Rangers investigated a 'gunshots heard' call at Foothills OSP. Santa Clara SO said they did not have a unit available to respond. Rangers did not locate any vehicles or people. They met briefly with Palo Alto PD who also responded. T. Karnofel, M. Ken. Mar. 29: K. Miller stopped a visitor with a dog in a prohibited area at Ranch San Antonio OSP. The visitor stated she was cited five years ago and isn't' going to waste gas and time to go to an area where dogs are allowed. A citation was issued. Mar. 31: A man sustained head and back injuries from a fall in the Devils Canyon area of Long Ridge OSP. The victim was determined to be a felon who was wanted on a $500,000 warrant. He was thought to be armed and suicidal. A felony car stop/search was made by San Mateo Sheriffs deputies on the man's van, that was parked on Skyline near Portola Heights Road. It was determined that the victim had already been transported by a Portola Heights resident to Saratoga Summit CDF station for treatment and he had then been transported by ambulance to the hospital. HOMEOWNERS ENSURING LOCALE PRESERVATION —77 ' �► �- - ��R Date: 4/9/98 f r riSULA CE D STRICZ I Dear Sir/Madam, I'm writing YOU today to inform you of troubling loss of open space that is about to occur in the coastal town of El Granada, and to ask your organization for any advice, assistance, or support that you might be able to provide us in our efforts to preserve all or at least portions of this land as permanent open space. The land about to be lost is a beautiful twenty-two acre parcel in the far Northern part of El Granada, just east of Highway I. The land is currently owned by the Cabrillo Unified School District who acquired it back in the 1960's through eminent domain proceedings. The intent was for the school district to someday build a school on the land. However, late last year the school district rejected the land as a potential new school site and instead opted to purchase a 25 acre parcel of land south of Half Moon Bay from Wavecrest Partners developers. Rather than purchase the Wavecrest parcel outright, our school district has structured a complex "land-swap" deal whereby, only a portion of the asking price will be paid to the developers, but in addition, the district will transfer title of the 22 acre El Granada parcel it owns to the developers with the full intention of developing that parcel for profit. Furthermore, the school district will be deriving a percentage of future profits from development of the El Granada parcel, and thus, are retaining a strong interest in development of the land. As I'm sure you can understand, the potential loss of this beautiful land to more housing development is extremely troubling. For it is parcels of land such as these that define the very beauty and character of the area we live in. What's further troubling is that it is our own school district backing development of this land. In doing so, they aid the developers in overcoming obstacles to large scale development of the property. Those of us who attempt to oppose full-scale development of the parcel will be readily but unfairly labeled as anti-school. The HELP (Homeowners Ensuring Locale Preservation) organization, of which I arm a member, was founded by residents of the Mid Coast who oppose this "land-swap" deal. At the heart of our efforts is the simple belief that our public school district's job is to educate our children, not to partner with developers to build residential housing in our neighborhoods. We feel that a school district partnering with land developers is it precedence that everyone should be concerned about. I As you can appreciate, we have a tough hill to climb in our efforts to retain all or at least portions of this El Granada parcel as open space. Land developers have many resources at their disposal to push through their Plans. We are Contacting your organization in the hope that you ran help our group in its efforts. We would be grateful 1'01'any assistance or suPPort you might be able to offer. Thank You, David Co 11 dcollry -Idesigll.com P.O.Box 474 El Granada, CA 94018 Member of Homeowners Ensuring Locale Preservation (HELP) 2 e ne day, ar.'t 1098 H LP MOON SAY REVIEW { a rill o s 0 U11 n, I US1es �:. `'. w 1 ''. , ^ I. � � "� '•')'"(li I 1�1/'lp'''I!. + ` >'.rP; {a(a�f, tir'I • �, �{��y{t (I',.� ,7j.r r. 1i+ 1 h 1" ^ \ !..7yAMC +Xn ,lone of 169 us wtth.�535 rrii ilton In 'taxpayer'•money, Cabrillo Unified School District .trustees set out to find a place on the Coast to build a new 1 r,middle school. � . - M►5.' . ' More n`. .,than a year and .•�..,. .; •�'• S., ! �;}' a half later, trustees have done that and o ;, �;�, 1011OR t r more, to much In jd'dition to locating a parcel Ins the undeve loped 'North ,Wavecrest area north of Qcean ,' "' ;� f� ►;, , ,tf �r''1 ' fifi olony;•trustees,have devised a plan. to swap'h, ce :of district land In•EI, Granada,:for'is •cut ric P'n the Wavecrest'.,paicel. Nort ` Marc DesJardins ;, � P ''Wavecrest •D �•.. ' ' "•k • i'.i1 `�4+i'. M?',MIS i'..., xf 1, , �► 1' .;;Tanners ,would then'develop homes on the ti22 acre : 0 '' ^p• 'A:. 'i �:-El 'Gr`anada site and ,the district old�,�bare''iR ;� ' built.for the school district,•to reap profits4io t : „1_ ' k: }.'the deal?;And Just J�ow,`much are these ,,u h�he profits. " .h::ti;y r,. :r +�" ' + - istrict trustees should`n � ��` I- :.ballyhooed,profits.iOpposed, to,be?-Do Wsfeererriain rn usiness knows s' > t" ' . ` �w afeation,randpursue theWavecrestsiic'♦vith µ 1 `'4'"' `," 'y'1'' `r- ^: , ■ Value. ;The .value,of a ydistrict properjy+ *out the peripheral deal'involving`the Mid Coast difficult to Just in'dollar e'n r and.#.�yx�`'r i ,�{• �, i i 4 ;r ?A', ,�'* ;; t ."E1 �i S �"n1 K 1tivt.�yA�Y of Y ��J cents. h + A ! The!'proposed school site deal has-a histo f'• "',!.;ti.::d'�r`•,: ';!, , %worth repeating. Trustees started looking for al `'t�A"' During the past month, trustees have repeat g pointed to the supposed value of the financial new middle school site in '1.996. They publicized benefits,to the district, but there is another value- meetings, let people know that decisions were to consider. Coastsiders like their open space'and'" being made and that trustees wanted help. The are fighting to reduce the number of homes th. .board did a commendable job of soliciting input. can be built'here, not allow more.'The community " That earlier debate, however, focused on the places a high value on keeping land undevelo .• oration of a school. There has been considerably1�•,� How does that factor in the district's financial 4ess public discourse on the land swap itself and equation? - A I ,i whether'residents think it is appropriate to use Trustees,-meanwhile, are saying in'effect that fi.,school district property—land that is:ostensibly by building more homes they can help make the j. . .already',owned by the public—for residential .� I schools better. But those.homes may.never`be;gL developmentfto.'produce:.profits for the school bwilt if'this deal does :not gc through;and *thatxY % ' diStrict.,,c.f,1{;'.rrl V, h :}. r; I ' too is good fora crowded :school district" . +The school )deal'fails for .number.-of reasons: t■ Money Trustees Most importantly, school board.trustees~were. y•._ point`to the •money the not elected to do this kind bf,,work.-Would it r 1. z oo make-=with this deal ! ro '' atcl p ,per dor. a local sewer. water district 'to.build ear' money:thaC.could then„be used to provide better ' a � • p horill 'hand it owns if tt were to redo �•1 is s ewer . ss�� acihties for'Coastside'students. Its true,that Cali 'r. , . r ornia'shortchanges school.districts es eciall 'in ar. ,water"Zbills?: Vo. r; ,�, i Foul g ; f p Y.;t ,,y~Cabrillo�+.inyf lvement with this Viand d tSs r V efor ,re aid ta�facilities , unding..;However, voters agree- ,'.Q? < . g up a Pandora s box of questions bf�, he ae�ation=�& n1 ..d .to,tax;themselves a ear'.and ,a half a o to .the �� ; . •�' =t } Y g ship.between a public agency,and aifor- raft +' + .Pre *tune nf. 35}ariihion for the -eicpress reason`of P: ; � , developer and puts desidents who~ poser a eal building:new, C11001.'"WOUId•the bond'have ''�' °� �'' .in a tough spot. Oppose third, ey.', . `old L `tE"Bi 'passed ifavoters tiad.:bcen.:told that'the'.deal .. ania 7 and ,you're-against'.the rids, ' t r. pncYuded a�pa[tnerShip~with tpnvatcdeveloper to Ttiere"are plenty of,6i eI ' i si1o'ok' o :�. n ine uiid new• housing on district-owned,property? No. develop .the;coast solely for "`fit;^ritioil- . , ma Secondly, how many•liome� �would:h, vet ' Y 4 1• tH ,r }�o be district shouldn't Join the t , :tg�.�+1 T�'. ygV�,1P 4i� d t � J': � �' ' { .��PS 1'y/ yam.{ , ,, t) } •(/ { • '" r<� { 1.�►' Ar* '' :Le ters '�tb 'l ,i r ,y '�• h e 'k.e d�(torg " parSarls.l;� ork ;owned and operated by Coast- iitltt O66ent 'JT '' ' The to land + slders. These are the parents'pf;..,��trust"dQlersto�prlvate;honprofit eudtal is preciated the children your chlldreri play '_Inrndnlratl'nn ,.. RegPionalf t e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: April 8, 1998 TO: Craig Britton FROM: Malcolm Smith SUBJECT: Analysis of Inquiries to the District As you know, we track information requests received by the District. These information requests include phone calls, faxes, e-mails, letters, drop-ins, and newsletter subscription requests. Attached are pie charts showing the sources that people use to get information about the District, as well as the geographic distribution of people contacting the District for information. The total number of information requests received by the District for fiscal year 1997- 1998 was 4,144, up approximately 26-percent from the last fiscal year. From within the District only, the total was 2,748, up approximately 32-percent from last fiscal year. Other breakdowns of these statistics include inquiries sorted by cities, by counties, and by ward. 330 Distel Circle Los Altos CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 - E-mail: mrosd@opensl)ace.org openspaee.org Web site:www.openspace.org Board of Oirec'tors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smemoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz m General Manager:L.Craig Britton Sources of It.—mation About the District-April 1 1997-p Mares.. ,,1, 1998 Total of 4,144 Inquiries q s Received(up from 3,282 last fiscal year) Docent Hikes District Periodicals Art&Wine Festivals 0 7% 8!0 1% Nature Center Displays/Events/ 120 Presentations 3% Chambers of Commerce <1% Personal Referral 10% Newspapers/Magazines/ 25th Anniv. Mailing Books/Media 21% 8% Random Mailing 11% Preserve posting 1% Visitors Map 4% Other(repeat visitor bike club/shop, sierra Webs ite/I nternet club, scouts, maps, drive- 14% by) 8% Page 2 Sheetl Geographic Distribution of Inquiries to the District Sorted by Region, Total of 4,144 Inquiries Received Outside Bay Area 3% Outside California 2% Outside USA <1% i 8 Bay Area 95% Page 2 ' SFeett Geographic Distribution of Inquiries to the District,Sorted by County Within Bay Area Only, Both Inside and Outside District 3,949 Inquiries in this Category of 4 144 Total q 9 rY( � Inquiries) San Mateo County(within Alameda County 2% District) Santa Clara County 1 gala (outside District) 19% Contra Costa& Marin Counties <1% Each San Mateo County (outside District) 9% Santa Cruz County 1% San Francisco County 3% Santa Clara County (within District) 47% Page 3 Sheet? Geographic Distribution of Inquiries to the District Sorted by City,Within District Only 2,748 Inquiries in this Category (df 4,144 Total Inquiries) Cupertino Atherton 6% 1% Menlo Park 12% Sunnyvale San Carlos 14% 3% Portola Valley 2% edwood Saratoga City 5% 8% East Palo Alto <1% Woodside 2% Palo Alto Los Altos 7% 14% Los Altos Hills 1% Los Gatos 7% Monte Sereno Mountain View 1% 17% Page 4 Geographic Distribution of Inquiries to the District Sorted by City,Within District, San Mateo County Only 794 Inquiries Received (of 4,144 Total Inquiries) Woodside 7% Atherton 5% East Palo Alto 1% n� Redwood City 29% Menlo Park 40% J-Y� Portola Valley 6% San Carlos 12% Geographic Distribution of Inquiries to the District Sorted by City, Outside District, San Mateo County Only 358 Inquiries in this Category(of 4,144 Total Inquiries) S San Francisco El Granada La Honda Brisbane 2% 1% 2% 60 Belmont ' 12% Moss Beach 1% San Mateo 32% Burlingame 8% Daly City 2% i Foster City Redwood Shores >, 8% 1% Pacifica San Bruno " Half Moon Bay 5% Milbrae Hillsborough 8% 6% 3% Page 5 Slce>t' Geographic Distribution of Inquiries to the District Sorted by City,Within District Santa Clara County Only 1,954 Inquiries Received(of 4,144 Total Inquiries) Los Altos Cup,yjtino 9% Los Altos Hills 2% \ Los Gatos Sunnyvale `� 9% 20% Monte Sereno 1% Saratoga Mountain View ° 23% i Palo Alto 0 Geographic Distribution of Inquiries to the District Sorted by City,Outside District,Santa Clara County Only 801 Inquiries Received (of 4,144 Total Inquiries) Gilroy<1% Campbell 18% Santa Clara 31% Milpitas 1% Morgan Hill 1% r t it San Jose 49% Page 6 r Sheetl Approximate Geographic Distribution of Inquiries to the District Sorted by Ward 2,748 Inquiries in this Category(of 4,144 Total Inquiries) Ward 7-Nitz 12% and 1-Siemens 13% tt 53Dipu�t€ Ward 6-Crowder Ward 2-Davey 17% 15% �a Ward 3-Cyr 12% Ward 5-Hanko � 14% i Ward 4-Smernoff 17% Page 7