HomeMy Public PortalAbout19981014 - Agendas Packet - Board of Directors (BOD) - 98-22 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-22
RFG1J .AR AND SPECIAL F.Ui MS
BOARD OF DIRECTORS
AGENDA*
6:30 P.M. 330 Distel Circle
Alt
WednesdayLos o C
Altos,
October 14 1998
***PLEASE NOTE***
6:30 P.M. Closed Session Start 71me
7:30 P.M. Public Meeting Start 77me
(6.30) ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS
CLOSED SESSION
The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the
Special Meeting Closed Session to the conclusion of the Public Meeting, and at the
conclusion of the Public Meeting, the Board may reconvene the Special Meeting Closed
Session.
1. Conference With Real Prosy Negotiator-Government Code Section 54956.8
Real Prop: Santa Clara County Assessor's Parcel Numbers: 503-41-003 and 517-
03-010
NeLyotiatinLy Parties: William Girdner, et. al. Negotiator: Dennis Byran
Under Negotiations: Instructions to negotiator will concern price and terms of
payment.
2. Conference With Real PropcM Negotiator- Government Code Section 54956.8
Real Prop: Santa Clara County Assessor's Parcel Numbers: 558-52-002 and-003
Negotiating Parties: Lucy Cavillo Negeliato : Lucy Cavillo
Under Negotiations: Instructions to negotiator will concern price and terms of
payment,
3�10 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200
FAX: 650-691 0485 . E-mail: mrosd@openspace.org We{.)site:www.operispace.org
f3oarct of flrrer tars Pete to Siementi,Mary C. Davev,lex3 .. .�� �Cyr, David T.Smemoff, Nonette Hanko,Betsy(:rowder,Kenneth C.Nitz - Generail N1,inager.I Craig Britton
Meeting 98-22 Page 2
3. Conference With Real Prosy Negotiator - Government Code Section 54956.8
Real Proms: Santa Clara County Assessor's Parcel Numbers: 544-28-004;
544-29-006; 544-30-002 & -003; 544-31-002, -003, & -004; 544-33-001,
- - - - 44- -41
-002 & -003• 544 33 014. 544 50-001. 544 SQ-004. 5 56-004. 558 -007•
558-41-011. 558-41-017 & -018• and 558-42-001.
Negotiating Parties: Arlie Land & Cattle Company. Negotiator: John
Musumeci
Under Negotiations: Instructions to negotiator will concern price and terms of
payment.
4. Conference with Legal Counsel - Pending Litigation- Government Code Section
54956.9(a)
A. Obermeyer et al. v. Midpeninsula Regional Open Space District
San Mateo County Case No. 405231
5. Conference with Legal Counsel - Anticipated Litigation - Government Code Section
54956.9(b)
Significant exposure to litigation
No. of cases: 1
(7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS
** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- B. Crowder
*** APPROVAL OF MINUTES
September 23, 1998 (Consent Item)
*** WRITTEN COMMUNICATIONS
BOARD BUSINESS
(7:45) 1. Appointment of Replacement for District Representative Smernoff on the
Governing Board of the Midpeninsula Regional Open Space District Financing
Authority -- B. Crowder
(7:50) 2. Consideration of Resolution Endorsing Measure F on the San Mateo County
November 3, 1998 Ballot -- B. Crowder
Resolution Endorsin Measure F on the November 3 1998 Ballot
g ,
(7:55) 3. Proposed Acquisition of Undivided One-Quarter Interest in the Sardi et al.
Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space
Preserve; Determination that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act; Tentative Adoption of
the Preliminary Use and Management Plan Recommendations, Including
Naming the Sardi et al. Property as an Addition to the Cathedral Oaks Area of
i
Meeting 98-22 Page 3
Sierra Azul Open Space Preserve; and Indicate Their Intention to Withhold the
Property from Dedication as Public Open Space at This Time -- M. Williams
Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer
to Execute Certificate of Acceptance of Grant to District, and Authorizing
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve -
Lands of Sardi, Et Al.)
(8:05) 4. Tentative Adoption of an Amendment to the Use and Management Plan for
Sierra Azul Open Space Preserve and Authorization for Staff to Solicit Bids for
Removal of Structures from the Former Sink and Barlow Properties and Restore
the Sites to a Natural Condition; Determination that the Recommended Actions
are Categorically Exempt from the California Environmental Quality Act -- M.
Freeman
(8:15) 5. Award of Contract for Installation of a Concrete Slab Floor for the Equipment
Storage Area of the Skyline Field Office Shop Building; Determination that the
Project is Categorically Exempt from the California Environmental Quality Act;
and Authorization for the General Manager to Enter into Contract with the
Lowest Responsible Bidder -- J. Cahill
(8:20) 6. Tentative Adoption of an Amendment to the Use and Management Plan for
Pulgas Ridge Open Space Preserve to Install a Memorial Boulder and Plaque
Honoring George Seager and Determination that the Recommended Actions are
Categorically Exempt Under the California Environmental Quality Act-- M. de
Beauvieres
(8:30) 7. Tentative Adoption of an Amendment to the Use and Management Plan for Los
Trancos Open Space Preserve to Install a Memorial Bench and Plaque Honoring
Stan Norton and Determination that the Recommended Actions are
Categorically Exempt under the California Environmental Quality Act -- M. de
Beauvieres
8:40 INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS Consent Item
ADJOURNMENT
*NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is
subject to change of order.
** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time
each item is considered by the Board of Directors. You may address the Board concerning other
matters during oral communications. Each speaker will ordinarily be limited to 3 minutes.
Alternately, you may comment to the Board by a written communication, which the Board appreciates.
***All items on the consent calendar shall be approved without discussion by one motion. Board
members, the General Manager, and members of the public may request that an item be removed from
the Consent Calendar during consideration of the Consent Calendar.
Regylonal -. e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-20
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
September 23, 1998
MINUTES
I. ROLL.. L.L.
President Betsy Crowder called the meeting to order at 6:37 P.M.
Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Ken Nitz, Peter Siemens, and
Betsy Crowder
Members Absent: None
Personnel Present: Craig Britton, Sue Schectman
H. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:37 P.M. and the Closed Session commenced at 6:38
P.M. The Board concluded the Closed Session at 7:30 P.M. and B. Crowder called the
Regular Meeting to order at 7:35 P.M. She noted that no reportable actions had taken place in
Closed Session.
Additional_ Personnel Present: Randy Anderson, Malcolm Smith, Michael Williams, Deirdre
Dolan, John Escobar, John Cahill, and Michael Newburn
III. ORAL COMMUNICATIONS
Michael Newburn, representing the Midpeninsula Rangers Peace Officers Association,
presented background information and objectives of the organization. He said each uniformed
field ranger is eligible to join the Association which is affiliated with the Peace Officers
Research Association of California (PORAC). He described the benefits of membership and
explained the difference between PORAC and the union.
330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200
FAX: 650-691-0485 - E-mail: mrosdrXopenspa(:e.org - Web site: www.ol)enspa(-e.org
Bo,ird of 1 Arectoii:Fete Siemens,Mary C. Davey,lest Cyr, David T.Smernoff, Nonette Hanko, Besy Crowder,Kenneth(. Nitz T General Manager.L Crairy g
Britton
Meeting 98-20 Page 2
Harry Haeussler, 1094 Highlands Circle, Los Altos, asked why rangers called the Sheriff
instead of making an arrest when they find someone violating the law.
S. Schectman said there would be a workshop on September 28 where there will be a
discussion of the Operations Program that would probably answer Mr. Haeussler's questions.
She said rangers enforce District land use regulations on the preserves and a limited number of
other penal code infractions, but it was up to the County Sheriff to enforce State penal code
laws. This is out of concern for ranger safety and public safety.
M. Newburn said that to reach their goal of promoting good citizenship of the youth in the
community, the Association would teach them to respect open space. He gave the Board a
booklet listing other groups who were part of PORAC, noting that they were mainly law
enforcement organizations.
IV. SPECIAL ORDER OF THE DAY
Resolution Honoring David Smernoff, Director Ward 4.
Motion: M. Davey moved that the Board approve Resolution 98-34 a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District Honoring
and Commending David Smernoff. N. Hanko seconded the motion. The
motion passed 6 to 0.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded
the motion. The motion passed 6 to 0.
VI. ADOPTION OF CONSENT CALENDAR
In regard to the reply to Mr. Haeussler, N. Hanko said it is the Board's responsibility to use
m r
the microphones properly and make sure the audience can hear them.
Motion: N. Hanko moved that the Board adopt the Consent Calendar, including approval
of the minutes of the September 9, 1998 Regular and Special meeting; reply to a
written communication from Mr. Harry Haeussler, 1094 Highlands Circle, Los
Altos; and Revised Claims 98-17. J. Cyr seconded the motion. The motion
passed 6 to 0.
VIL BOARD BUSINESS
A. Agenda Item No. 1 - Proposed Addition of Grainger, Et Al. Prosy to Monte Bello
Qpen ,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 Prouerty as an Addition
to Monte Bello Open Space Preserve;=,and Indicate Their Intention to Dedicate the
Prosy as Public Open Space - (Report R-98-114).
Meeting 98-20 Page 3
M. Williams located the property on a map and showed slides. He pointed out the
location of the tree farm in relationship to the property. He said the property would be
leased back to the sellers for a year on a rent-free basis as part of the acquisition
transaction.
C. Britton said that depending on the recommendation coming out of the study on
possible agricultural use of the property, it could go to the Acquisition and Enterprise
Committee. He said possible agricultural use could be an extension of the tree farm or
vineyards, but noted that vineyards had not been successful there in the past, partly
because of the marginal output of the well. There are no grapes there now.
M. Williams talked about the agricultural use of the building itself in conjunction with
the tree farm. He said they have contemplated bringing the new Picchetti tenant and
other wineries in the area to look at the building and barrels.
N. Hanko said she would like to tour the site and look at the buildings, noting that this
is an important addition to the preserve.
M. Williams talked about improvements to the barn structure. C. Britton said that
would be a part of the study of possible agricultural uses.
M. Williams outlined the terms and conditions of the acquisition.
Motion: N. Hanko moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality Act
as set out in the staff report; adopt Resolution 98-35 a 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 (Monte Bello Open Space
Preserve - Lands of Grainger, Et Al.); tentatively adopt the Preliminary
Use and Management Plan recommendations contained in the staff
report, including naming the property as an addition to Monte Bello
Open Space Preserve; and indicate their intention to dedicate the
property as public open space. P. Siemens seconded the motion.
Discussion: C. Britton noted that formal dedication of the property probably
wouldn't take place until December 1999 after they have had a chance to
look at the property.
Vote: The motion passed 6 to 0.
B. Agenda Item No. 2 - PPr=sed Second Amendment to Purchase Agreement or
Acquisition of Undivided One-Half Interest in the Ne?d Et Al. ProXjJy as an Addition
to LongRidge Q= Space Preserve - ($eport R-98-119)
Meeting 98-20 Page 4
M. Williams presented staff s recommendation, and said that the Melders have until
October 25 to exercise the right of first refusal. C. Britton added that since the Board
approved the purchase, Save the Redwoods League has said they are willing to pay half
of the costs. M. Williams said the Melders are not interested in selling at this time.
Motion* P. Siemens moved that the Board adopt Resolution 98-36 a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of a Second Amendment to Purchase
Agreement, and Authorizing General Manager to Execute Any and All
Other Documents Necessary or Appropriate to Closing of the
Transaction (Long Ridge Open Space Preserve - Lands of Nead, Et Al.).
K. Nitz seconded the motion. The motion passed 6 to 0.
C. Agenda Item No. 3 - Election of Secretary for Mid=insu1;i Regional Q= Space
District Board of Directors - (E=
D. Dolan reviewed the staff report.
N. Hanko nominated P. Siemens for Secretary of the Board of Directors. J. Cyr
seconded the nomination.
Motion: N. Hanko moved that nominations be closed. J. Cyr seconded the
motion. The motion carried 6 to 0.
D. Dolan distributed ballots. Board Members cast their ballots and D. Dolan
announced that six votes had been cast for P. Siemens.
D. Agenda Item No. 4 - AWlication to Habitat Conservation Fund Program for Addition
to Lobitos Creek Headwaters Project and Determination that the Recommended Actions
are CaMeorically Exempt from the CalifQmia Environmental Quality Act - (?j=rt R_
98-116)
C. Britton described the four grants previously received from the Fund and the two
parcels proposed for acquisition. He pointed out where the properties are located and
said the application is more precise than the map. He said the road up Irish Ridge to
Bald Knob is used by those properties and the District as access. He said there are
houses on large parcels on Irish Ridge Road, and a residence on the other side of the
creek.
Motion: N. Hanko moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality Act
as set out in the staff report, and adopt Resolution 98-37 a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Approving the Application for Grant Funds for the Local Agency Grant
Program - Fiscal Year 1998-1999 Under the Habitat Conservation Fund
Program of the California Wildlife Protection Act of 1990 for the
Meeting 98-20 Page 5
Following Project: Lobitos Creek Headwaters Addition (Peery Property
Acquisition). J. Cyr seconded the motion.
Discuggiono. In answer to questions about the value of the land, C. Britton said the
POST land appraised at over $1 million but they agreed to sell for the
grant amount.
YD= The motion passed 6 to 0.
E. Agenda Item No. 5 - Notice of Contract Completion for Lands= and Spillway
Rep&Project, Thornewood Q= Space Preserve and Authorization for the President
or Other A�V=riate Officer to Execute the Notice of Completion of Contract and
Ac^r - -ancp of Work for the Landslide ftair Project - (Rsp=R-98- 115).
J. Cahill presented the staff report noting that staff will complete planting and erosion
control and a contractor will remove the trees. He said there are no swans on the lake.
A volunteer event is planned on October 2 to do the planting. He showed slides of the
repairs-
R. Anderson talked about the liability insurance provided by the engineer and said they
thought the dam was sound. S. Schectman explained that if the repairs Wed from
defective design the engineer's professional liability insurance would respond. If it was
due to defective construction, it would be the contractor's insurance. She said there is
usually a one-year warranty on workmanship. After that or if an act of nature caused
the failure, the District's insurance would be in effect.
R. Anderson said the total construction costs mentioned in the staff report did not
represent the cumulative amount for the project.
Motion* M. Davey moved that the Board authorize the President or other
appropriate officer to execute the Notice of Completion of contract and
Acceptance of Work for the landslide repair project. J. Cyr seconded
the motion.
Discussion: Michael Marshall, Los Altos, expressed concerns about cutting the
madrone trees, stating that he found them very attractive. J. Cahill said
if the madrone trees were anywhere else he would agree but they are in
the dike structure and if they fell when the ground was wet it would
weaken the structure. J. Escobar said the District has a number of dams
that are under the auspices of the State Office of Dam Safety. It is
common practice to remove brush and trees from earthen dams for
maintenance.
The motion passed 6 to 0.
F. Agenda Item No. 6 - A=roval of Meritorious RU Award for the District Legal
Counsel - (Report R-98-113).
Meeting 98-20 Page 6
P. Siemens asked if there were any questions regarding the Ad Hoc Board Appointee
Evaluation Committee recommendations.
Motion: M. Davey moved that the Board approve a 5% meritorious pay award
for the District Legal Counsel, and adopt Resolution 98-38 a Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Approving a 5% Meritorious Pay Award for the District Legal
Counsel in an Amount of$3,182.50. K. Nitz seconded the motion.
Discussion: N. Hanko noted that she had not served on the ad hoc committee but
supported their recommendation very strongly.
Y= The motion passed 6 to 0.
VIII. INFORMATIONAL REPORTS
M. Davey said she had been reminded of the Jasper Ridge Biological Preserve event on
October 2.
N. Hanko reminded Board Members about the Deer Hollow Farm Dinner on October 4 and
encouraged them to attend.
B. Crowder said she had gone to the Bay Area Open Space Council meeting with M. Davey
and C. Britton. The Nature Conservancy did a presentation about studies of the ecology of
Central California, specifically the Mt. Hamilton area. She said she had handed out literature
on the coast side, and people were very receptive. N. Hanko clarified that Board Members
can do this on their own time. B. Crowder had an invitation to the Trail Blazer race on
October 11 sponsored by Friends of Stevens Creek Trail. She also talked about the East Bay
Regional Parks ballot measure which would bring in $8 a year per household to support
maintenance and operation of their preserves. She announced a party for D. Smernoff on
Friday, October 16, 6:00 p.m.
J. Cyr said he enjoyed participating in the staff recognition dinner.
C. Britton reported as follows: 1. The FYIs contained a draft of the letter to agency
stakeholders regarding the Revised Basic Policy, letters in support of the grant request to the
Packard Foundation, and a memo from Mike Williams about the TCI site on Black Mountain.
2. He said the staff appreciation event was very much appreciated by staff. 3. Art O'Neal
conducted Influencing Skills training with new employees on Wednesday, Thursday, and
Friday morning. Alan LaFleur also attended and enjoyed the class. On Friday afternoon staff
representatives began working on developing performance evaluation standards for
supervisors. 4. As a follow up to The Nature Conservancy presentation on Mt. Hamilton, he
went to a meeting at Almaden County Park with J. Isaacs and R. Anderson. He asked if TNC
would host the same meeting and talk about the San Mateo Coast. They met at La Casa
Grande in New Almaden, and he had received an invitation to the dedication on October 17.
It is the second oldest building in Santa Clara County. 5. There will be a League of
Conservation Voters meeting at the home of Gloria Duffy, CEO of the Commonwealth Club.
Meeting 98-20 Page 7
J. Escobar: 1. He said the District is hosting State Park and Fish and Game representatives
tomorrow for a meeting to discuss feral pigs. 2. In answer to Mr. Haeussler's question, he
said that in terms of ranger positions there are a wide variety of duties throughout the state.
He said the District's model is the most common design, but other designs can include duties
that require firearms. He said he felt that rangers fill the niche between emergency services
(fire, medical and Sheriffs office). To require rangers to make arrests would require firearms
and they would need to be away from the site when they transport subjects to jail. He said
physical arrests on District property are infrequent and to keep the skills up, training would
take more time than that they would spend making arrests. 3. He commented that Deer
Hollow Farm is in the third year of a three-year agreement and the Deer Hollow Farm dinner
on Sunday, October 4 would be a chance to communicate the District's interest in continuing
the program.
M. Smith said he would show a video of the Bay Area Back Roads segment that aired last
Saturday.
M. Davey talked about the program and honorees at the Hidden Villa event and said it was a
success. It was announced that they had raised half of the $6 million for the endowment and
capital funds.
IX. ADJOUR_NMFNT
At 9:00 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
I
�
� Claims No. 98- 7 |
|
x8eet|ng88-2O
Date:� Sapbamnber23. 1998 |
�
Revised
K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT |
|
# Amount Name Description
� |
� `'^` 42.7" Ace Fire Equipment&Service C", "Inc. Fire Extinguisher Service /
4795 409.44 Acme & Sons Sanitation, Inc. ReabnonnK8ainbananoa
4796 42.00 All Laser Service Printer Maintenance �
4797 400.00 Anderson, Randy Reimbursement Membership& License Fee |
4798 28.80 AT&T Telephone Service
4799 466.54 Automatic Rain Co. BochDmwEno|onuna �
4800 65.00 Berry's Pest Control, Inc. 8i-monthly8on/ioo
4801 30.00 Best Internet Communications Internet Service |
4802 887.40 Big 4Rents BonkhoeRanbe!-RastroonnProject |
4803 792.00 Brian KmnOaaFou!kEngineers Teague Hill Consulting Report
4804 GGDO Bruce Inc. on//oa[�oU �nnithVVeU
� . � - �
4805 461.00 CodeenBnuins Raimburoemont-Airfane-N/\ Conference
4806 109.16 Carolina Biological Supply Co. YNiorosoope/bensC|eaning Kit |
4807 61.29 Carooniba International Corp. Signs
4808 6.500.00 Clevenger Reality Appraisal Corp. Appraisal |
4809 GO54 ��oeabaida<SoaServica Propane� �
4810 132.58 Cole Supply[b.. Inc. RmatnzomGupp|iem
� 4811 395.73 Cornpurun Computer Upgrade |
� 4812 3.631.50 Cotton Shires Associates Schilling Spillway Project Conyu|tant
�
� 4813 6.969.98 Coyote Creek Riparian Station Resource Management Equipment
4814 48.60 Dennis Danielson Reimbursement--Storage Tubs |
|
� 4815 3.062.23 Design Concepts Newsletter
� 4816 8,600.00 Done Right Roofing &Gutters DeokRep|ooemnent-EnterphoeRmnto| |
4817 21.87 Emergency Vehicles Systems Spotlight Repair
� 4818 70.50 FedEx Express Mail Service |
4818 50.00 °1 Felton Fire Protection Dist. Tnaining-Geminana |
4820 3.225.00 First American Title Ins. Co. Escrow Deposit /
4821 1.090.000.00 First American Title Ins. Co. Grainger Acquisition �
4822 20.76 Foster Brothers Security Systems Lnckm& Keys /
4823 535.52 Gandon|ond Power Equipment Field Supplies
4824 170.84 Gnaniteronk Field Supplies
4825 2.267.50 Gnaonbe|tAlUanoe/Gnaen|nfo Map Supplies
4836 110.00 GreenVVoodeRecovery. Inc. Skyline OumpohsrService
4827 33.77 GTE Wireless Cellular Phone Service
4828 136.50 Guy Plumbing & Heating, Inc. GomLineCap-EnberphoeF{ento|
4829 101.13 Home Depot Field Supplies
4830 610.00 Honda Peninsula/Ducati Fire Pump ^
4831 3.324.15 Irvine Q Cooper, Law Offices Logo| Feen
4832 1.315.43 JakobyEnginoehng Ln Honda Barn Repair Contractor
� 4833 98.34 JE[A Publications, Inc. YNap/BnochuoaPhnUng
�
� 4834 100.00 Johnson Mapping Software Software Upgrade
� 4835 32.00 Kevin'a Auto Repair Smog Testing �
| 4836 2.550.00 NjUnoy Pest Control, Inc. FumigoUon-EnboqzhoeRooidenom �
| 4837 42.87 Kinho'm Printing Services
|
4838 1.201.00 Koebkw.Anne FEMA Consulting
| 4839 73.03 Lab Safety Supply First Aid Kits
4840 175'03 Langley HiU ��uany Rook-<�honzoo| RoodRepairs
|
|
\
Pagel
� Claims No. 98-17 |
|
� xxeeting98-2O
Date: September 23. 1998
Revised |
K8|DPEN|N8UL4 REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4841 1,861.89 Lanier Worldwide, Inc. Copier Leas;_
4842 1,296.00 Learning Institute, The Computer
� Training
Vouchers
4843 453.74 Los Altos Garbage Co. DumpaharService
� 4844 373.00 Lund-Pearson-McLaughlin Fire Protection Syot 5 Year Test-Fire System
�
4845 93.60 yNoKowon. Paul Reimbursement-Computer
4846 396.05 K8atroyNobi|eComnnnuniceUonn Radio Repair& Maintenance
4847 920.00 Micro Accounting Solutions Computer Repairs
4848 187.03 Mid-Peninsula Electric Wiring Repair
4849 9.20 Moffett Supply Co. Sanitation Supplies �
4850 351.81 °2 Chris Newcomb Custom Framing Custom Frames-Staff Appreciation Event
4851 812.15 Office Depot Office Supplies
4852 836.55 Orchard Supply Hardware Field Supplies |
4853 380.01 Odnndi Trailer, Inc. Brake Service
4054 1635.19 Pacific Bell Telephone Service
4855 270.78 Pearson (]|dnmobi|e-Pontiao-GKXCTruck Vehicle Repair& Maintenance �
4856 663.76 PIP Printing Maps& Brochure Printing
4857 375.64 Pitney Bowes Credit Corporation Postage Meter Lease
4858 214.00 Town ofPpdo|gValley Town Engineer Services
4859 197.66 Rich's Tire Service Tine Repairs
4860 4.303.89 Roy'a Repair Service Vehicle Repairs �
4861 8.50 Santa Clara County LAFCO Resource Document
4862 843.00 Santa Clara Co. Dept. of Environmental Health Storage Perm it--Hazardous K8obeha|s
4863 324.25 °3 Santa Clara Co. Dept. of Environmental Health Disposal Fee-Hazardous Materials
� 4064 1899.48 °4 Saratoga Springs Recognition Event Catering &Site
4865 60.26 Scotts Valley Sprinkler Field Supplies
4866 9010.46 Scribner Graphic Press, Inc. Printing
4867 716.70 Signs of the Times Signs
4888 247.72 Skyline County Water District Water Service
4869 17.99 Ghvvxood Trading Post Fuel
� 4885 750.52 Steven's Creek Quarry, Inc. Rip Rap Ronk
4866 200.00 Sunset Coast Nursery Technical Review
� 4867 1.125.50 Systems For Public Safety Personal History Investigation Service
4860 2.849.81 Tooter& Etc. Maps
4868 8.O27.13 U� S� Bank Trust National AmoociaUon Promiwmary Notes PayingAoont
� .
4870 2.019'36 Vioo 58.63 FireBoon/Fue|
�
69.78 Frames/Stamps/Envelopes
� 1448.59 College C|as#/Con[kGht��eds
� .
60.82 Gate-Windy Hill
380.64 Airline Tickets-Land Trust �
Alliance Conference �
4871 300.00 Rich Voss Trucking, Inc. Rock Delivery �
4872 112.45 Vu. Ooug|om Personal Vehicle Expense �
4873 187.00 VVACCorp. Aerial Photography
4874 300.48 West Group Computerized Legal Research
4875 300.00 VVo|ha, Roberta Recording Services
4876 153.08 Zodek. Liom Personal Vehicle Expense
4877R 649.50 Teoher& Etc. Map Graphics
||
| Page 2
Claims No. 98-17
Meeting 98-20
Date: September 23, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4878R 119.05 Doug Vu Reimbursement--Computer Accessories
4879R 669.15 Petty Cash Local Business Meetings, Private Vehicle
Expense, Postage, Resource Documents,
Staff Appreciation Event Supplies, Office
Supplies, Field Supplies and Computer
Accessories
*1 Urgent Check Issued September10, 1998
*2 Urgent Check Issued September10, 1998
*3 Urgent Check Issued September10, 1998
*4 Urgent Check Issued September15, 1998
TOTAL 1,182,720.81
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Page 3
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RESPONSE RESPONSE ACTION PROPOSED BY STAPP
'.•' Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
Draft Response Attached
Staff to be Direttad to Prepare Draft
Response for Board Consideration per
Board Directive(s)••t,'�'.I'.1 No Response Necessary
j. .
Regional Open • ace
DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Harry Bache
12 Alviso Court
Pacifica, CA 94044
Dear Mr. Bache:
The District Board of Directors reviewed your September 22, 1998 letter concerning the
Grabtown Gulch bridge at Purisima Creek Redwoods Open Space Preserve at their regular
meeting last night. Thank you for expressing your concerns and for suggesting the alternative
of replacing the existing bridge with a foot bridge.
As you have seen at the Purisima Creek Preserve, the District trails and bridges have suffered
from the heavy storms of the last two winters. Several bridges on the Purisima Creek Preserve
and other preserves were damaged during periods of heavy runoff. The District has applied to
the Federal Emergency Management Agency (FEMA) for funding to repair the bridge,
although it may not prove financially practical to do so. At the Purisima Creek Preserve,
District staff is currently working with a consultant to study the overall condition of Purisima
Creek Trail, including the Grabtown Gulch bridge. Three alternatives are being considered:
1) to replace the bridge as a vehicle bridge; 2) to replace the bridge with a trail bridge which is
accessible to hikers, bicyclists and equestrians only, and 3) to remove the bridge, and abandon
and restore that section of the trail by creating a loop connection to the Borden Hatch Mill
Trail.
If the decision is made to replace the bridge, staff will proceed with construction drawings and
permitting. The earliest a bridge could be reconstructed or a trail built is summer of 1999.
We will make sure your name is on the list of persons who would be notified of meetings
concerning the decision of what to do about the bridge and trail connections.
Sincerely,
Betsy Crowder, President
Board of Directors
cc: Board of Directors
BC:mdb:js
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
Re�golonal Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-114
Meeting 98-22
October 14, 1998
AGENDA ITEM I
AGENDA ITEM
Appointment of Replacement for District Representative Smemoff on the Governing Board of the
Midpeninsula Regional Open Space District Financing Authority
PRESIDENT'S RECOMMENDATION-
Approve my appointment of a director to replace Director Smcmoff on the Governing Board of the
Midpemnsula Regional Open Space District Financing Authority.
DISCUSSION
The Governing Board of the Midpemnsula,Regional Open Space District Financing Authority consists of
five members,including the Board President,and three members of the District's Board of Directors who
are appointed by the President.The fifth member is the member of the Santa Clara County Board of
Supervisors whose district encompasses the greatest territory within the District, and who is appointed to
the Governing Board of the Midpeninsula Regional Open Space District Financing Authority by the
Chairman of the Board of Supervisors.
Traditionally,the appointment of Board members to the Governing Board of the Midpeninsula Regional
Open Space District Financing Authority is approved in January,with terms to cover the calendar year. In
January 1998,Directors Nitz, Smemoff,and Davey were appointed(R-98-20). With Director SmemofFs
resignation,the Board President must appoint a new director.
I recommend you approve my appointment of a director to replace Director Smemoff on the Governing
Board of the Midpeninsula Regional Open Space District Financing Authority.
Prepared by:
Peggy Coats,Administrative Analyst
Contact person:
Betsy Crowder, Board President
330 Distel Circle Los Altos, CA 9402 2-1 404 Phone: 650-691-1200
FAX:050-691-0485 - E-mail: riiros(]@ol)enspace.org Wet)site:www.opeiisl)ace.org
Bo,ird of Director,.Pete Siemens,Mary C. Davey,led Cyr,David I.SiTiernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - Getwrd Nl,in,iget 1,.Craig Britton
nal Open 'ffi ice
,10
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-117
Meeting 98-22
October 14, 1998
AGENDA ITEM 2
AGENDA ITEM
i
Consideration of Resolution Endorsing Measure F on the San Mateo County November 3,
1998 Ballot
AD HOC COMMITTEE'S RECOMMENDATION
Adopt the attached resolution endorsing Measure "F," an advisory measure asking voters in
the coastal area of San Mateo County if they would support an annexation of their area into the
District's jurisdiction for the purpose of preserving open space and agricultural resources on
the coast.
BACKGROUND
Since spring of 1997, a Board-appointed Ad Hoc Committee has researched various methods of
preserving open space resources on the coast. The committee met with numerous private and
public agencies and a number of other stakeholders. Two community information meetings
were held in the coastal area under consideration for possible annexation into the District. Two
public opinion surveys were conducted, and the results presented to the Board.
Through this process the Board has determined that the most feasible method of enhancing land
conservation on the coast is through District annexation of the area from the southern boundary
of the City of Pacifica to the Santa Cruz County line.
At your meeting of June 24, 1998, you placed an advisory measure on the November 3, 1998
ballot to gauge the public's interest in, and support of, a possible annexation:
"In order to preserve open space resources on the San Mateo County coast,
shall the Midpeninsula Regional Open Space District extend its boundary
west of Skyline to the San Mateo County coast, from the southern boundary
of Pacifica to the Santa Cruz County Line?"
The results of Measure F will assist the Board in making the decision as to whether or not to
proceed with an annexation.
330 Distel Circle « Los Altos, CA 94022-1404 ® Phone:650-691-1200
FAX: 650-691-0485 • E-mail: mrosd@openspa(-e.org - Web site:www.openspace.org �
Ro,)rtl of t)ire(torti:Pete Siemens,Mary C. Davey,led(yr, David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz - Gener.?l Manager.I.Craig Britton
R-98-117 Page 2
The open space lands in the coastal area of San Mateo County -- which include forested
hillsides, grasslands, and beaches -- and support for active ranchlands and agricultural lands,
are issues of national importance and worthy of the maximum level of protection so that they
will be preserved for future generations. Currently, no other public agency is actively involved
in a strategic program of land conservation on the coast. Private non-profit entities which are,
or will be, acquiring land on the coast are in dire need of a public agency to assist in managing
those acquisitions.
The District is in a unique position to take a lead role in protecting this national treasure.
Therefore, the Ad Hoc Committee recommends you adopt the attached resolution endorsing
Measure F on the November 3, 1998 ballot.
Prepared by:
Ad Hoc Committee on San Mateo County Coastal Preservation: Directors Crowder, Davey,
and Hanko
Contact persons:
Same as above
Regional Open - ,,ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOLUTION No. 98-
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ENDORSING MEASURE F ON THE NOVEMBER 3, 1998 BALLOT
Whereas, the Board of Directors of the Midpeninsula Regional Open Space District was requested
by the Half Moon Bay City Council, the Midcoast Community Council, and the Pescadero
Municipal Advisory Council to research possible methods of preserving open space on the San
Mateo County coast; and
Whereas,the District has undertaken extensive research into the various mechanisms and
organizations that are or might be involved in coastal land preservation; has held two
community information meetings in the coastal area under consideration for annexation; has
conducted two public opinion surveys; and concludes that a feasible and appropriate method of
preserving open space resources on the coast is through extension of the District boundaries to
include the coastal area west of Skyline Boulevard to the San Mateo County coast, from the
southern boundary of the City of Pacifica to the Santa Cruz County line; and
Whereas, the Board finds that the open space resources on the San Mateo County coast are of
national significance and deserving of an increased level of protection and preservation; and
Whereas,the Board finds that preserving the active agricultural and ranching uses on the San
Mateo County coast and thereby helping to maintain the area's rural atmosphere and way of life is
of significant importance;and
Whereas, at its meeting of June 24, 1998 the Board of Directors placed an advisory measure on the
November 3, 1998 ballot,designated Measure F,to determine if the voters in coastal San Mateo
County west of Skyline from the southern boundary of Pacifica to the Santa Cruz County line wish
their area to be annexed into the jurisdiction of the District; and
Whereas, if Measure F is approved by the voters,and if the Board then proceeds with annexation
of the coastal area,then the District will be enabled to participate in acquisition,protection,
preservation, restoration,and management of critical open space and agricultural lands on the San
Mateo County coast.
Now,Therefore,Be It Resolved that the Board of Directors of the Midpeninsula Regional Open
Space District supports and endorses Measure F on the November 3, 1998 San Mateo County
coastal area ballot.
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on October 14, 1998 at a regular meeting thereof,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary,Board of Directors President,Board of Directors
1,the District Clerk of the Midpeninsula Regional Open Space District,hereby certify that the
above is a true and correct copy of a resolution duly adopted by the Board of Directors of the
Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and
called on the above day.
District Clerk
.... ...... . .._
f ' nal Open we
I
R-98-122 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-22
October 14, 1998
AGENDA ITEM _3
AGENDA ITEM
Proposed Acquisition of Undivided One-Quarter Interest in the Sardi et al. Property as an
Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve
ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorical y exempt from the California
Environmental Quality Act (CEQA) as set out in this report.
2. Adopt the attached resolution authorizing purchase of one-quarter interest in the Sardi
et al. property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations
contained in this report, including naming the Sardi et al. property as an addition to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve.
4. Indicate your intention to withhold the property from dedication as public open space at
this time.
DESCRIPTION (see attached man)
The 52.39-acre property is located in the Cathedral Oaks area of Sierra Azul Open Space
Preserve, approximately halfway between Lake Elsman to the south and Mt. Thayer to the
north. Situated high on a prominent ridge, the Sardi property is highly visible from many
locations in the Sierra Azul area, and can be seen from as far away as Summit Road. The
property is bisected by a very prominent ridge that forms the divide between two watersheds.
West of the divide, the property spans a narrow canyon that serves as the upper headwaters of
Cothran Creek, which drains to the southwest into Los Gatos Creek. Steep, chaparral-covered
slopes give way to a narrow stand of mixed evergreen trees that line the canyon bottom. East
of the divide, the property encompasses a much larger canyon that descends to the southeast
into Austrian Gulch. The upper slopes of this canyon are densely covered with chaparral,
while the lower slopes and canyon bottom are heavily forested with mixed evergreen species
and large Douglas fir trees. The perennial stream that flows through this canyon is lined with
a number of riparian species including Bigleaf maple, willow, and box elder.
The Sardi et al. property is bordered by private property to the north and east, and by District-
owned land to the south and west. There is very good access to the property from the west via
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,Mary C. Davey,)ed Cyr,David T�Smernoft, Nonette=Hankr�,Pere ��� ��� Betsy Crowder,Kenneth C. Nitz * General hfansger:t.t raig 6nttrm
R-98-122 Page 2
an unsurfaced road which is currently maintained as a District patrol route through the
Cathedral Oaks Area of Sierra Azul Open Space Preserve. This route continues through the
Sardi property for two-tenths of a mile before looping south through private property. Two
unmaintained dirt roads branch off the maintained road, and traverse the remainder of the
property. There are no structures or other improvements on the property.
The property is an important addition to the Sierra Azut Open Space Preserve to preserve the
integrity of the Los Gatos Creek watershed, to maintain the area's value as wildlife habitat,
and to protect the scenic ridgeline that frames the Cathedral Oaks Area. Acquisition of the
property will consolidate two separate holdings in the Cathedral Oaks Area into a larger,
contiguous block, creating the potential for future trail connections to Mt. Thayer.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is located within an unincorporated area of Santa Clara County and zoned
Hillside (HS), requiring a 20 to 160-acre minimum lot size, dependent upon average steepness
of slope. The property also falls within the County-designated Los Gatos Watershed Area,
which places additional constraints on potential development. The property is rated in the
District's Master Plan as having a very high composite open space value, and is important in
terms of wildlife habitat, watershed, and scenic hillside protection.
The District is acquiring an undivided one-quarter interest in the property and use and
management of the property will be based upon agreements with the owners of the remaining
three-quarter interest in the property.
Preliminary Use and Management Recommendations
The preliminary use and management plan will take effect at the close of escrow and remain
effective until a Comprehensive or Interim Use and Management Plan is complete. Future
land use decisions, including plans for public access, will be based on agreements with the
owners of the remaining three-quarter interest in the property and further investigation of the
property•
Public Access: Closed to the public at this time.
Trail Designations: No trails or roads are designated within the property at this time.
Patrol: Maintain existing patrol road.
Signs: Seek agreement with owners of the remaining three-quarter interest in the property to
install Private Property and Preserve Boundary signs where appropriate.
R-98-122 Page 3
Dedication: Indicate your intention to withhold the property as public open space at this time.
Name: Name the property as an addition to the Cathedral Oaks area of Sierra Azul Open
Space Preserve.
Site Safety Inspection: Inspect the property to determine if there are hazards that need to be
mitigated.
CEQA COMPLIANCE
Project Description
The project consists of the acquisition of a 52.39-acre parcel of land as an addition to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve and the concurrent adoption of a
Preliminary Use and Management Plan for the addition. Ultimately, the property will be
included in the Comprehensive Use and Management Plan for the adjacent preserve. The land
will be permanently preserved as open space, open to the public, and maintained in a natural
condition.
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 use
and management plan specifies the land will not be developed and will remain in a natural
condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will accept fee interests in the property and maintain the
open space character of the area.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. This acquisition will transfer ownership of the property to the District and ensure that 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 will have a significant effect on the environment.
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE
AGREEMENT, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE
ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION
(SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF
SARDI, ET AL.)
The Board of Directors of Midpeninsula.Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula,Regional Open Space District does hereby
accept the offer contained in that certain Purchase Agreement between J. B. Sardi, Jr. and Linda
M. Sardi, in Trust, as Co-Trustees of the"Sardi Family 1996 Trust" dated March 21, 1996 and
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 muse to be given appropriate notice of
acceptance to the seller. The General Manager is further authorized to execute any and all other
documents in escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager of the District is authorized to expend up to $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$27,500.00 from the proceeds of the next long-term
District note issue. This Section of this Resolution is adopted by the Board of Directors of
Mdpeninsula 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 are reasonably expected to
be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open
space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness
to be issued by the District. The Board of Directors hereby declares the District's official intent to
use proceeds of indebtedness to reimburse itself for this open space land acquisition project
expenditure.
R-98-122 Page 4
TERMS & CONDITIONS
The purchase price of this undivided one-quarter interest in this 52.39-acre property is
$27,500. This price represents a discount for the one-quarter interest being acquired based
upon recent real estate market activity in the area. There is no agreement to acquire the
remaining dim-quarter interest in the property at this time. However, District staff will work
with the other property owners toward a mutually agreeable solution for public use, private
use, and management and ownership responsibilities.
BUDGET CONSIDERATIONS
1998/1999 Budget for Land Acquisition
New Land Budgeted for Acquisition $11,303,000
New Land Purchased this year (2,696,600)
Sardi et. al. Acquisition proposed on this agenda (27.5001
Acquisition Budget Remaining $ 8.578,900
Controller M. Foster has been consulted on this proposed acquisition, and has indicated that,
considering cash flow and availability, funds are available for this property purchase. This parcel
was identified as an important addition to the Cathedral Oaks area of Sierra AM Open Space
Preserve for protection of wildlife habitat, watershed and scenic backdrop.
PUBLIC NOTIFICATIQN
The remaining three-quarter interest holders and other property owners in the area have been
mailed written notices of this proposed acquisition.
Prepared by:
Matthew Freeman, Open Space Planner
Michael C. Williams, Real Property Representative
Contact Person:
Michael C. Williams, Real Property Representative
SIERRA WUL OPEN SPACE &ESERVE
Midpeninsula Regional Open Space District
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EXHIBIT A: PROPERTY LOCATION MAP
s
PURCHASE AGREEMENT
This Agreement is made and entered into by and between J.B. SARDI, JR. AND LINDA M.
SARDI, IN TRUST, AS CO-TRUSTEES OF THE "SARDI FAMILY 1996 TRUST" DATED
MARCH 21, 1996, 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 an undivided one-quarter (1/4) interest in certain real
property which has open space and recreational value, located within an unincorporated area of
the County of Santa Clara and being more particularly described within the body of this
Agreement; and
WHEREAS, District was formed by voter initiative to solicit'and receive conveyances of real
property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic
and open space purposes; and
WHEREAS, District desires to purchase Seller's undivided one-quarter (1/4) interest in 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 said undivided one-quarter (1/4) interest iri said
property to District, and District wishes to purchase said undivided one-quarter (1/4) interest
in the 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 undivided one-quarter(1/4) interest in the real property located
within an unincorporated area of the County of Santa Clara, State of California, containing
approximately fifty-two and thirty-nine hundredths (52.39) acres, more or less, and commonly
referred to as Santa Clara County Assessor's Parcel Number 562-09-027. Said property is
further described in the Legal Description attached to Preliminary Report number 98170960
from North American Title Company, dated as of July 20, 1998; a copy of said Preliminary
Report is attached hereto as Exhibit "A", and incorporated herein by this reference.' Said
undivided one-quarter (1/4) property interest is 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. Seller's undivided one-quarter (1/4)
interest in said real property and appurtenances thereto shall hereinafter be called the "Subject
Property" or the "Property".
Purchase Agreement Page 2
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be Twenty-seven Thousand Five Hundred and No/100 Dollars ($27,500.00), 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 North American Title Company, 335 North
Santa Cruz Avenue, Los Gatos, CA 95037, (408) 395-9008 (Escrow number 98170960) 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 November 13, 1998, provided however, that both parties may, by written agreement,
extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date
when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of
the County Recorder of Santa Clara County.
(b) Seller and District shall, during the escrow period, execute any and all
.documents and perform any and all acts reasonably necessary or appropriate to consummate
the purchase and sale pursuant to the terms of this Agreement.
(c) Seller shall deposit into the escrow on or before the Closing an executed
and recordable Grant Deed, covering the Property as described in said Exhibit "A".
(d) District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of Twenty-
seven Thousand Five Hundred and No/100 Dollar ($27,500.00) is paid into escrow-in
accordance with Section 11 of this Agreement.
(e) District shall pay the escrow fees, the CLTA Standard Policy of Title
Insurance 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 I the
Purchase Agreement Page 3
manner customary in Santa Clara County. All current property taxes on the Property shall be
pro-rated through escrow between District and Seller as of the Closing based upon the latest
available tax information using the customary escrow procedures.
(f) Seller shall cause North American Title Company, or other title
company acceptable to District and Seller, to be prepared and committed to deliver to District
a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the
amount of$27,500.00 for the Property showing title to the Property vested in fee simple in
District, subject only to: (i) current real property taxes, (ii) title exception number 4 as listed
in said Preliminary Report (Exhibit "A"), and (iii) such additional title exceptions as may be
approved in writing by District prior to the Closing.
(g) Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance required herein, and to Seller Escrow Holder's check for the full purchase price of
the Subject Property (less Seller's portion of the expenses described in Section 3(e)), and to
District or Seller, as the case may be, all other documents or instruments which are to be
delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall'
return all monies, documents or other things of value deposited in the escrow to the party
depositing the same.
4. Rights and Liabilities of the Parties in the Event of Termination-. In the event
this Agreement is terminated and escrow is canceled for any reason, all parties shall be
excused from any further obligations hereunder, except as otherwise provided herein. Upon
any such termination of escrow, all parties hereto shall be jointly and severally liable to
Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused such termination of escrow), and
each party expressly reserves any other rights and remedies which it may have against any y
other party by reason of a wrongful termination or failure to close escrow.+
5. Leases or OccupgnU 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,se including costs for legal services, occasioned
by reason of any such lease or rental agreement of the Property being acquired by District,
including, but not limited to, claims for relocation benefits and/or payments pursuant to
California Government Code Section 7260 et seq. Seller understands and agrees that the
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s). The extent of any lease or occupancy of the Property by the other owners of the
Property is unknown to Seller.
Purchase Agreement Page 4
6. Seller's Reeesentations and Warranties. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller, to the best of their
knowledge, makes the following representations and warranties to District, which shall survive
close of escrow, each of which is material and is being relied upon by District.
(a) Authority. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
(b) Valid and Binding Agreements. This Agreement and all other documents
delivered by Seller to District now or at the Closing have been or will be duly authorized and
executed and delivered by Seller and are legal, valid and binding obligations of Seller
sufficient to convey to District the Subject Property described therein, and are enforceable in
accordance with their 've terms and do not violate an provisions of an agreement to
n'�P�ti Y P Y
which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate
resolutions of Seller.
(c) Good 'Tig. Seller has and at the Closing date shall have good,
marketable and indefeasible fee simple title to their undivided one-quarter (114) interest in the
Subject Pr and the interests therein to be conveyed to District hereunder, free and clear
J �nY Y
of all liens and encumbrances of any type whatsoever and free and clear of any recorded or
r interest held b an or other right, title o
n rights or urchase ri is o
unrecorded option
PP rights Y Y Y
third party except for the exceptions permitted under the express terms hereof, and Seller shall
d
forever indemnifyand defend District from and against an claims made b an thin
a8mn Y Y Y PAY
which are based upon any inaccuracy in the foregoing representations.
7. In . Except as otherwise provided herein orexpress
P
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.
Purchase Agreement Page 5
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.).
(b) ftresentations 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. Seller makes no representations regarding the use, knowledge, or activities
related to potential contamination of the Subject Property by the other owners of the Property.
(i) To Seller's knowledge, the Property does not contain and has not
previously contained any Hazardous Waste or underground storage tanks, and no Hazardous
Waste has been or is being used, manufactured, handled, generated, stored, treated,
discharged, present, buried or disposed of on, under or about the Property, or transported to
or from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the
foregoing;
(ii) Seller has not received any notice and, Seller has no actual
knowledge that any private person or governmental authority or administrative agency or any
employee or agent thereof has determined, alleged or commenced or threatened to commence
any litigation, or other proceedings, to determine that there is a presence, release, threat of
release, placement on, under or about the Property, or the use, manufacture, handling,
generation, storage, treatment, discharge, burial or disposal on, under or about the Property,
or the transportation to or from the Property, of any Hazardous Waste, nor has Seller received
any communication from any such person or governmental agency or authority concerning any
such matters.
(c) Indemnity. Seller shall indemnify, defend and hold harmless District
from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by
District, including without limitation, attorney, engineering and other professional or expert
fees, to the extent arising from any breach of the warranties or representations contained
herein.
9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and 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) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government
Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or
rights Seller may have to any relocation assistance, benefits, procedures, or policies as
provided in said laws or regulations adopted there under and to any other compensation, except
as provided in this Agreement. Seller has been advised as to the extent and availability of such
Purchase Agreement Page 6
benefits, procedures,. notice periods, and assistance, and freely and knowingly waives such
claims rights and notice nods except as set forth in this Agreement.
g Pe ceP �
10. Mince ll i aneous 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. Att mas' 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
s attorneY ' 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 i for, determined
e ther s awarded all of the relief prayed o the prevailing as Bete ed b the
P g PAY P Y P'�Y Y
Court shall be entitled to recover from the otherPaz party 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) waive any
inaccuracies in representations and warranties made by the other party contained in this
Agreement or in any documents delivered pursuant hereto; (ii) waive compliance by the other
party with any of the covenants contained in this Agreement or the performance of any
obligations of the other party; or (iii) waive the fulfillment of any condition that is precedent to
the performance by such party of any of its obligations under this Agreement. The General
Manager is authorized to agree to an extension of the time for the performance of any
obligations on the part of District or Seller pursuant to this Agreement, and to take any actions
and execute any documents necessary or appropriate to closing escrow and completing this
conveyance, including execution of any documents which may allow Seller to accomplish a tax
deferred exchange of r as rmitted b law; provided, however, that the District shall
g property Pe Y � P � a
not take title to any third patty property other than the subject Property. Any agreement on :a
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
Purchase Agreement page'7
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: John B. and Linda Sardi
1659 Topeka Avenue
San Jose, CA 95126
(408) 279-4945
FAX (408) 279-4945
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
(650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile
or cabled notice shall promptly be sent by mail(in the manner provided above) to the
addressee. Service of any such communication made only by mail shall be deemed complete
on the date of actual delivery as indicated by the addressee's registry or certification receipt or
at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier
in time. Either party hereto may from time to time, by notice in writing served upon the other
as aforesaid, designate a different mailing address or a different person to which such notices
or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement
shall excuse either party from giving oral notice to the other when prompt notification is
appropriate, but any oral notice given shall not satisfy the requirement of written notice as
provided in this Section.
F. Sev�. 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. Countma ts. 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.
Purchase Agreement Page g
H. W iv r. 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.
J. 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.
L. Assignment. Except as expressly permitted herein, neither party to this
Agreement shall assign its rights or obligations under this Agreement to any third party
without the prior written approval of the other party.
M. Further Documents and Acts. Each of the parties hereto agrees to
execute and deliver such further documents and perform such other acts as may be reasonably
necessary or appropriate to consummate and carry into effect the transactions described and
contemplated under this Agreement.
N. Binding on Successors and Assigns. This Agreement and all of its.terms,
conditions and covenants are intended to be fully effective and binding, to the extent permitted
by law, on the successors and permitted assigns of the parties hereto.
O. 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.
P. 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.
Q. Arbitration of Disputes. If a dispute arises out of or relates to this
Agreement or the performance or breach thereof, the parties will use their best efforts to
resolve such disputes ( to the mutual satisfaction of the parties). If these efforts fail, the .
Purchase Agreement Page 9
parties agree first to participate in non-binding mediation in order to resolve their dispute. If
the parties are unable to resolve their dispute through mediation, or if there is any remaining
unresolved controversy or claim subsequent to mediation, any remaining unresolved
controversy or claim shall be settled by arbitration. The parties shall jointly select one
arbitrator who shall be a retired or former judge of the Superior Court of California. The
arbitration shall be conducted in accordance with the rules set forth in California Code of Civil
Procedure Sections 1280 et. seq. Hearings shall be held in Santa Clara County, California. If
the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial
Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is
required to resolve a dispute, it shall in all cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO UTRAL ARBITRATION.
SELLER INITIAL BUYER INITIAL
11 Acceptance. Provided that this greement is executed by Se er and delivered
to District on or before September 28, 1998, District shall have until midnight October 14,
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. Said offer shall remain
irrevocable during this period without the necessity of execution and acceptance of this
Purchase Agreement by District.
Provided that this Agreement is accepted by District, this transaction shall close as soon
as practicable in accordance with the terms and conditions set forth herein.
Purchase Agreement Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers to be effective as of the date of final execution by
District in accordance with the terms hereof.
DISTRICT:
MIDPENINSULA REGIONAL OPEN tBy:SPACE DISTRICT Sardi, Jr., Co-Trustee the
"Sardi Family 1996 Trust" da
LDate: 1996
ACCEPTED FOR RECOMMENDATION
By: Y y,'�� �w�2,��1�
Michael C. Williams, Real Property By: Iv
Representative Linda M. Sardi, Co4rustee of the
"Sardi" Family 1996 Trust" dated
March 21, 1996
APPROVED AS TO FORM:
Date:
By: C�� �-✓�0��1
Susan Schectman, District Counsel
RECOMMENDED FOR APPROVAL:
By:
L. Craig Britton, General Manager
APPROVED AND ACCEPTED:
By: ;
President, Board of Directors
ATTEST:
By.
District Clerk
Date:
jNOAM M a
ER(CAN DIRECT ALL INQUIRES TO:
ATrRE Escrow Officer: SUSAN TROVATO
SCOMPAW Telephone No. (408)395-9008
Our No.: 98170960
August 17, 1998
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
330 DIASTEL CIRCLE
LOS ALTOS, CALIFORNIA 94022
ATTN: LISA ZADEK
PROPERTY ADDRESS
NO SITUS (RAW LAND)
LOS GATOS, CALIFORNIA
Preliminary Report
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North American Title Company, Inc.
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A
POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY
DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF
SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET
FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE
FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS
SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO
PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE
INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. ,
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO
THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE
TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF
IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY TITLE INSURANCE,,A BINDER
OR COMMITMENT SHOULD BE REQUESTED.
Dated as of JULY 20, 1998 VICTORIA MANGAHAS/BF
at 7:30 A.M. Title Officer
335 North Santa Cruz Avenue, Los Gatos, California 95030,(408) 395-9008 Fax No. (408) 354-3517
"MIT
PqP
• .gig
The form of policy of title insurance contemplated by this report is:
CLTA Standard Coverage Policy - 1990
st in the land hereinafter described or referred to covered by report
this
The estate or inters p
is:
A FEE
Title to said estate or interest at the date hereof is vested in:
DONALD F. BOEHM AND JENNIFER LIN BOEHM, HUSBAND AND WIFE, AS JOINT
TENANTS; RONALD A. BOEHM AND CATHERINE D. BOEHM, HUSBAND AND WIFE, AS
JOINT TENANTS; STEVEN B. HEYMANN AND NANCY K. HEYMANN, AS TRUSTEES OF
THE HEYMANN FAMILY TRUST DATED APRIL 20, 1994; J.B. SARDI, JR. AND LINDA M.
SARDI IN TRUST AS CO TRUST EES OF THE "SARDI FAMILY 1996 TRUST" DATED
MARCH 21 1996 ALL AS TENAN
TS IN COMMON
MHIgff
Page 2 of 6 Page-9,-,.o
Order No. 98170960
Description: The land referred to herein is situated in the State of California, County of
SANTA CLARA, IN AN UNINCORPORATED AREA, and is described as follows:
THE NORTH 3/4 OF LOT 11 AND THE SOUTH 'h OF LOT 12 IN SECTION 12, TOWNSHIP
9 SOUTH, RANGE 1 WEST, M.D.M.
ASSESSOR'S PARCEL NO.: 562-09-027
a
Page 3 of 6
Order No; 9817096
EJCHI�IT w
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
1 General and special property taxes, and any assessments collected with taxes,
including utility assessments, are a lien not yet payable to be levied for the fiscal
year 1998/1999.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the
State of California.
3. Any invalidity or defect in the title of the vestees in the event such trust is invalid or
fails to confer sufficient powers in the trustees, or in the event there is a lack of
compliance with the terms and provisions of the trust instrument.
This company will require a certification from the current trustee(s) stating said trust
is in full force and effect and there have been no changes except as set forth.
4. Notwithstanding the insuring clauses of the policy, the Company does not insure
against loss or damage by reason of a lack of a right to access to and from the land.
END OF EXCEPTIONS
Page 4 of 6
Order No. 98170960
EMBff of...It
INFORMATIONAL NOTES:
Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116/116.2.
This charge for a policy of title insurance, if issued through this title order, will be based
on the basic insurance rate.
Note: Effective March 1, 1979 there will be an additional $10.00 fee for recording a deed
with a legal description other than an entire lot in a recorded final map. If there are any
questions, please call your Escrow Officer or Title Officer.
General and special property taxes for the fiscal year shown below have been paid.
Fiscal Year: 1997-1998
Total Amount: $1,353.36
First Installment: $676.68 PAID
Second Installment: $676.68 PAID
Land: $103,928.00
Code Area: 80-008 -
Parcel Number: 562-09-027
08/17/98 RO
Page 5 of 6
Order JWJ'R0960 d
GOOD FUNDS LAW
CALIFOKNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN
TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR
MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES:
' SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE
DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.') IN CASH OR
BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY
UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT.
• NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY
CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT
BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK' IS ONE DRAWN BY AN INSURED FINANCIAL
INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING
WITH A CHECK AGAINST A FDIC INSURED BANK).
' 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE
DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS
MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A
"HOLD' ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS,
PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES
THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER
DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.)
NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR
ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES.
PRELIMINARY CHANGE OF OWNERSHIP REPORT
NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR CHARGES,AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS
ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE,THE
RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE
ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE.
IRS FORM 1099
BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLERBORROWER MUST FURNISH A
TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099,OR ITS EQUIVALENT, WITH THE INTERNAL
REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF THE INTERNAL REVENUE SERVICE.
NOTICE OF A WITHHOLDING REQUIREMENT
THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862)ON SALES
OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED
TO WITHHOLD AN AMOUNT EQUAL TO 3 113 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL
PROPERTY INTEREST BY EITHER:
A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE
DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER,OR
A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR
FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF 10
PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500).
HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER
WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF:
THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND
DOLLARS($100,000),OR
THE SELLER EXECUTES A WRITTEN CERTIFICATE,UNDER PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A
RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA OR
' THE SELLER,WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, THAT THE
CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF
THE INTERNAL REVENUE CODE).
THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE
WITHHOLDING REQUIREMENT.
THE CALIFORNIA STATUES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT
REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. IN THE EVENT THE BUYER REQUIRES
WITHHOLDING OF THE 3 113 PERCENT OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO FILE A COPY
OF FORM FT8597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH
DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED; UNLESS THE SELLER HAS REQUESTED A
WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD,WITHIN 45 DAYS, WILL EITHER AUTHORIZE A
REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF
FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD
WITHHOLDING AT SOURCE UNIT, P.O. BOX 651,SACRAMENTO, CALIFORNIA 95812-0651 (916)846-4900.
Page 6 of 6
Order No. 98170960
mvulsI` r
OFFIC[ OF COUNTY"$[SSOR•S&NTA CLARA,COUNTY.Cµ1 FORMA&
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"THEINFORMATIIIN ON Till.", T_,�T
YOUfI
LOCATION Of II-I' :::►n I i Ii,: ALCLIMCY
OF THIS PLAI i:. ; Li.; L,i;i 1S IT A PART
OFANY PuL S'1,t.. ;:)L.::, ':;.;JTcC'io wI llicli IT
MAY SE ATTA-'!:'--'
3
�■NORTH
AMERICAN
AT TITLE
NATCO NOTES:
DON'T DELAY YOUR CLOSE OF ESCROW! IF ANY OF THE FOLLOWING ITEMS AFFECT
YOUR TRANSACTION, PLEASE NOTIFY YOUR ESCROW OFFICER AS SOON AS POSSIBLE.
1. Ongoing Construction
The Title Company will require, as a minimum, the following prior to insuring:
P Y q 9P 9
A. Valid Notice of Completion verified by inspection and expiration of 60
days from recordation of said notice or;
B. Approved Indemnities from Borrower/Seller, approved financial
statement not over one year old and a waiver of lien rights from the
general contractor.
1. The Title Company may also require proof of payment of
subcontractors indemnityand financial statement from the general
contractor, a copy of the contract and the with-holding of a sum of
money, to cover the contract until the mechanics lien period has
expired, with which to pay filed mechanics liens, or other assurances
to be determined on a case by case basis.
IL Bankruptcy
The Title Company will require, as a minimum, the following prior to insuring:
A. The bankruptcy case be closed or,
B. An order from the bankruptcy court verifying the transaction, with a
demand placed into escrow by the trustee.
1. Escrow may not close until 15 days have elapsed from the order and
the file has been checked to verify that there are no objections to said
order.
Ill. Abstracts of Judgment, Liens, Tax Liens,
The Title Company will require, as a minimum, the following prior to insuring:
A. Proof that the buyer/seller is not the same par$y as on the recorded
liens.
1.This is accomplished by the buyer/seller/borrower completely filing
out and signing a statement of information.
B. The items are to paid off in escrow.
C. The items are to be subordinated to the new transaction.
IV. Community Property -
California is a community property state.
A. A quitclaim from one spouse to another must specifically quitclaim any
community property interest.
B. An interlocutory decree of divorce specifically granting the property to
one spouse is sufficient if a final decree is issued and recorded in the
county.
Ti:of
Pam ,._1�.
NORTH
AMERICAN
ACMnE
OMPANY
DID YOU KNOW?
Any of the following situations could cause a substantial delay in close of escrow.
The earlier we are made aware of potential problems, the earlier the issues can be
dealt with to ensure a smooth and timely close of your transaction.
Are your principals trying to accomplish a tax deferred exchange? If so,
have they chosen an intermediary and who is it?
Will any of the principals be using a Power of Attorney?
Are any of the vested owners deceased or in any way incapacitated?
Do all of the principals who will be signing have a current photo I.D. or
Driver's License?
Have any of the principals recently filed for bankruptcy?
Are the sellers of this transaction residents of California?
Has there been a change in marital status of any of the vested owners or
will we be adding anyone to title, i.e. co-signers, additional insured, etc.?
Is the property currently vested in a trust or will the new buyer/borrower
vest in a trust?
Are any of the trustees of the trust deceased or incapacitated?
Will this transaction involve a short sale?
Will there be a new entity formed, i.e. partnership, corporation?
Will all of the principals be available to sign or will we be Federal Expressing
documents to another state/country? If so, where?
If you have any other information which may be useful to us, please contact your
escrow officer as soon as possible. Our goal is to make your transaction as easy
and trouble-free as possible. We appreciate your business and hope that you find
North American Title Company your company of choice for all of your title and
escrow needs.
"HI131T
Page-1-of-a-
EXHIBIT A
LIP— .p PRINTED EXCEPTIONS AND EXCLL'SiONS (B- Icy Type)
CALIFOi 4ND TITLE ASSOCIATION STANDA M COVE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVE CAGE
This policy does not Insure against loss or damage(and the Company will not pay cost ,attorneys' fees or expenses) which arise by reason of:
1. Taxeor assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency which m:y result in taxes or assessment,or notice of such proceedings,
whether or not shown by the records of such agency or by the public recon s.
2. Any facts, rights interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
which may be asserted by persons in possession thereof.
3. Easements,liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines, shortage In area,encroachments,or any other facts which a correct survey would disclose,and
which are not shown by the public records.
5. (A)Unpatented mining claims; (b)reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c)water rights,claims or
title to water; whether or not the matters excepted under(a), (b),or(c)are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this poky and the Company will not pay loss or damage,costs,attorneys'fees or
expenses which arise by reason of:
1. (a) any law, ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations)
restricting,regulating,prohibiting or relating to(1)the occupancy, use,or enjoyment of the land;(11)the character,dimensions or location of
any improvement now or hereafter erected on the land;(ill)a separation In ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded In the public records at Date of Pocky.
(b)any governmental poke power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at Data of Policy,but not excluding
from coverage any taking which has occurred prior to the Date of Pocky which would be binding on the rights of a purchaser for vako
without knowledge.
3. Defects,liens,encumbrances, adverse claims,or other matters:
(a)whether or not recorded in the public records at Date of Pocky,but created,suffered,assumed or agreed to by the Insured claknwrt;
(b)not known to the Company, not recorded in the public records at Date of Pocky,but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the data the Insured claimant became an insured under this poky;
(c)resulting to no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy;or
(a)resulting In loss or damage which would not have been sustained N the Insured claimant had paid value for the insured mortgage or for the
estate or interest insured by this pocky.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure
of any subsequent owner of the indebtedness,to comply with the applicable'doing business' laws of the state in which the land is situated.
5. invalidity or unenforcesbility of the Inn of the Insured mortgage,or claim thereof,which arises out of the transaction evidenced by the Insurec
mortgage and is based upon usury or any consumer credit protection or truth In lending law.
6. Any claim, which arises out of the transaction vesting in the Insured the estate or interest Insured by their policy or the transaction creating
the interest of the insured lender,by reason of the operation of federal bankruptcy, state Insolvency or similaar creditors'rights laws.
2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law,ordinance or governmental regulation(including but not Milted to bugdIng and zoning ordinances)restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land,or regulating the character dknensions or locations of any Improvement now or
hereafter erected on the land,or prohibiting a separation in ownership or a reduction In the dimensions' of area of the land,or the effect of any
violation of any such law,ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at
date of policy.
3. Defects,liens, encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant,W not
known to the company and not shown by the public records but known to the Insured claimant either at dated of policy or at the dab such
claimant acquired an estate or interest by this policy and not disclosed in writing by the Insured claimant to the company prior to the date
such Insured claimant became an Insured hereunder,(c)resulting In no loss or damage to the Insured claimant,(d)attaching or created
subsequent to date of policy, or(a)resulting In loss or damage which would not have been sustained N the Insured claimant had paid value fo
the estate or interest insured by this policy.
EXHIBIT
Page_(Q...of_yy—
3.AMERiCAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987
EXCLUSIONS
In addition to the exceptions in schedule b,you are not Insured against loss,costs,attorney's fees,and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation.This includes building and zoning ordinances
and also laws and regulations concerning:
• and use
• improvements on the land
• land division
• environmental protection
this exclusion does not apply to violations or the enforcement of these matters which appear to the public records at policy date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of covered title risks
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the policy date.
• the taking happened prior the policy date and is binding on you if you bought the land without knowing of the taking.
3. Title risks:
• that are created,allowed,or agreed to by you
• that are known to you, but not to us,on the policy date-unless they appeared in the public records.
• that result in no loss to you
• that first affect your title after the policy data-this does not limit the labor and material lien coverage In item 8 of covered title risks.
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to In item 3 of schedule a,or
• in streets,alleys, or waterways that touch your land.
This exclusion does not limit the access coverage In item 5 of covered title risks.
Standard exceptions
(A)any rights,interests or claims of parties in possession of the land not shown by the public records.
(8)any easements or liens not shown by the public records.This does not limit the lien coverage in item 8 of the covered title risks.
(C) any facts about the land which a correct survey would disclose and which are not shown by the public records.This does not limit the forced removal
coverage in item 12 of covered title risks.
(D) any water rights,claims or title to water on or under the land.
4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or
expenses which arise by reason of:
1. (a)Any law, ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,
regulating,prohibiting or relating to(1)the occupancy, use,or enjoyment of the land;(H)the character,dimensions or location of any improvement now or
hereafter erected on the land; (ill)a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part;or(iv) environmental protection,or the effect of any violation of theses laws,ordinances or governmental regulations,except to the extent that a
notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b)any governmental policy power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy.
2.Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy,but not excluding from
coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims,or other matters:
(a)created, suffered,assumed or agreed to by the insured claimant;
(b)not known to the company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the
Company by the insured claimant prior to the date the Insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy);or
(a)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the Insured mortgage.
4. Unenforceability of the Hen of the mortgage because of the inability or failure of the insured at Date of Policy,or the inabHlty or failure of any
subsequent owner of the indebtedness,to comply with the applicable'doing business'laws of the state In which the land is situated.
5.Invalidity or unenforceability of the lien of the Insured mortgage,or claim thereof,which arises out of the transaction evidenced by the Insured
mortgage and Is based upon usury or any consumer credit protection or truth In lending law.
EXN101T
Page, L-0f.,..d_
6. Any statutory lien for services, labor or m ' Is (or the claim of priority of any statutory lien rvices, labor or Materials over the Ron of the
insured mortgage)arising from an improveme work related to the land which is contracted ft commenced sub* quent to Date of Policy and is,
not financed in whole or in part by proceeds of7ho indebtedness secured by the insured mortgage wnich at Date of Policy the insured has advanced or is
obligated tdadvance.
7.Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors'rights taws,that is based on;
(1)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or
(11)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(111)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer resuis from
the failure;
(a)to timely record the instrument of transfer;or
(b►of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor.
5.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage,costs,attorneys'fees or
expenses which arise by reason of:
1. (A)any law, ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations),restricting,
regulating, prohibiting or relating to(1)the occupancy, use or enjoyment of the land, (it)the character,dimensions or location of any Improvement now or
hereafter erected on the land, Ofl)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part, or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a
notice of the enforcement thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at date of policy.
(8)any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of defect,lien or
encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from
coverage any taking which has occurred prior the date of policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens,encumbrances,adverse claims, or other matters:
(a)created,suffered,assumed or agreed to by the insured claimant;
(b)not known to the company, not recorded in the public records at date of policy,but not known to the insured claimant and not disclosed in writing to
the company by the insured claimant prior to the date of the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or creating subsequent to date of policy, or
(a)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. Any claim,which arises out the transaction vesting In the insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors'rights law that is based on:
(1)the transaction creating the estate or interest Insured by this policy being doomed a fraudulent conveyance or fraudulent transfer,or
(ti)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
(a)to timely record the instrument or transfer,or
(b)of such recordation to impart notice to a purchaser for value or a judgment or Dan creditor.
6.AMERICAN LAND TITLE ASSOCIATION LOAN POUCY-1970 a
WITH A.L.T.A.ENDORSEMENT FROM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land,or regulating the character,dimensions or location of any Improvement now or hereafter erected on the land,or
prohibiting a separation in ownership or a reduction in the dimensions or area of he land,or the effect of a violation of any such law,ordinance or
governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of such rights appears in the public records.at date of policy.
3. Defects,lions,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the Insured claimant,(b)not known to
the company, and not shown by the public records but not known to the Insured claimant either at date of policy or at the date such claimant acquired
an estate or interest insured by this policy or acquired the Insured mortgage and not disclosed in writing by the insured claimant to the company prior to
the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the Insured claimant;(d)attaching or created
subsequent to date of policy, (except to the extent Insurance is afforded heroin as to any statutory lion for labor or material or to the extent insurance is
afforded herein as to assessments for street improvements under construction or completed at date of policy)
I:�CHIBIT
Page of
i
4. Unenforceabil ity of the lien of the insure 'gage because of failure of the insured at date r ;y or of any subsequent owner c'the indebtednes
to comply with applicable'doing business' /the state in which the land is situated.
!t 7. ALTA.Plain Language Owner's Policy(6/87)
America First Protection Added(611/97)
EXCLUSIONS
In addition to the Exceptions in Schedule 8,you are not insured against loss,costs,attorney's fees,and expenses resulting from:
1. Governmental policy power,and the existence or violation of any law or government regulation. This includes building and zoning ordinances and
also laws and regulations concerning:
(a)land use
(b)improvements on the land
(c)land division
(d)environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does
not limit the coverage described in Items 12c and d, 13 and 18 of Covered Title Risks.
2. The right to take the land by condemning it,unless:
(a)a notice exercising the right appears in the public records on the Policy Date
(b)the take happened prior to the Policy Date and is binding on you N you bought the land without knowing of the taking
3. Title Risks:
(a)that are created,allowed,or agreed to by you
(b)that are known to you,but not to us,on the Policy Date--unless they appeared In the public records
(c)that result in no loss to you
(d)that first affect your title after the Policy Date--this does not limit the coverage described in items 3b,8, 17 and 19 of Covered Title Risks.
4. Failure to pay value for your title
5. Lack of a right:
(a)to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
(b)in streets,alleys or waterways that touch your land
This exclusion does not limit the coverage described in hems 5 and 12a of Covered Title Risks.
Standard exceptions:
(a)any rights,interests or claims of parties in possession of the land not shown by the public records.
(b)any easements or liens not shown by the public records. This does not OmIt the lien coverage in Item 8 of covered risks.
(c)any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced
removal coverage in Item 12 of the covered title risks.
(d)an water rights,claims or tide
e to wate
r er on or und
er the land
8. ALTA Loan Poky-Farm 1 (10/17/92)
America First Protection Added(6/1/97) ,
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorney's fees or
expenses which may arise by reason of:
1.(a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,
ordinances,or regulations restricting,regulating,prohibiting or relating to
(i)the occupancy, use or.enjoyment of the Land _
(H)the character,dimensions or location of any improvement now or hereafter erected by the Land
(Oi)a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part
(iv)environmental protection,or the effect of any violation of these laws,ordinances or government regulations,except to tits extent that a notice of the
enforcement thereof or a notice of a defect,Hen or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the
Public Records at Data of Pocky. This exclusion does not Omit the coverage provided under Insuring provisions 14, 15, 18 and 24 of this policy
(b)Any governmental policy power not excluded by(a)above,except to the extent that a notice of exercise thereof or a notice of a defect,Ron or
encumbrance,resulting from a violation or alleged violation affecting the Land hiss been recorded in the Public Records at Date of Policy. This exclusion
does not Omit the coverage under insuring provisions 14, 15, 16 and 24 of this policy.
Pageof�
2. Rights of eminent domain unless notice of*uQ exercise thereof has been recorded In the Public .rds at Date of Policy, but not excluding from
coverage any taking which has occurred pe )ate of Policy, but not excluding from covera94 eking which as occurred prior to Date of Policy ,
which would be binding on the rights of a p, or for value without Knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
4
(a)created,suffered, umed or agreed to be the Insured Claimant;
(b)not Known to the Company, not recorded in the Public Records at Data of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the insured Claimant;
(d)attaching or created subsequent to Date of Policy(this paragraph
(d)does not limit the coverage provided under insuring provisions 7,6, 19,20, 21,23,24 and 25);or
(a) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any
subsequent owner of the Indebtedness,to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the insured Mortgage,or claim thereof,which arises out of the transaction evidenced by the Insured
Mortgage and is based upon:
(a)usury, except as provided under insuring provision 10 of this policy;or
(b)any consumer credit protection or truth In lending law.
6.Taxes or assessments of any taxing or assessment authority which become a Ron on the Land subsequent to Date of Policy.
7.Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this pocky,by reason of the operation of federal
bankruptcy, state Insolvency, or similar creditors'rights laws,that is based on:
(a)the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(b)the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(c►the transaction creating the interest of the Insured Mortgages being deemed a preferential transfer except where the preferential transfer results from
the failure:
(i)to timely record the instrument or transfer;or
(11)of such recordation to impart notice to a purchaser for value or a judgment or Ron creditor.
S.Any claim of invalidity, unenforceability or lack of priority of the lion of the Insured Mo
rtgage as to advances or modifications made a
has Knowledge that the vestse shown in Schedule A is no longer the owner of the estate or interest covered b this olic after the Insured
This
the coverage provided under Insuringy policy. exclusion does not limit
Provision 7.
9.Lack of priority of the lien of the Insured Mortgage as to each and eve advance
ionce made after
every fta Data of Polk and al
Hens, encumbrances and other matters affectingY. i interest charges thereon,over
title the existence stance of which are Known to the insured at. ,
(a)the time of the advance;or
(b)the time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,If the rate of interest is greater as a
result of the modification than It would have
been before
the modific
ation.
This exclusion does not limit the coverage provided under insuringprovision P k 7.
a
EXHiorr
Page.of-Az—
Regional Open we
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-125
Meeting 98-22
October 14, 1998
AGENDA ITEM 4
AGENDA ITEM
Tentative Adoption of an Amendment to the Use and Management Plan for Sierra Azul Open
Space Preserve and Authorization to Solicit Bids for Removal of Structures from the Former
Sink and Barlow Properties
ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categoricall}"exempt from the California
Environmental Quality Act (CEQA) as set out in this report.
2. Tentatively adopt the amendment to the Use and Management Plan for Sierra Azul
Open Space Preserve to remove the structures from the former Sink and Barlow
properties.
3. Authorize staff to solicit bids to remove structures on the former Sink and Barlow
properties and restore the sites to a natural condition.
BACKGROUND
At your December 11, 1996 meeting, you referred the Planning Policies Relative to the
Acquisition and Disposition of Structures on District Lands to the Acquisition and Enterprise
Committee (see report R-96-129). The Acquisition and Enterprise Committee, comprised of
Directors Smernoff, Hanko, and Nitz, met on several occasions in May and August of 1998 to
discuss potential revisions to these policies, including a draft structure determination process.
The policy is tentatively scheduled for full Board review in November.
This draft process will be used to assist staff and the Committee in determining
recommendations for the disposition of structures on District lands. The process involves an
assessment of the existing conditions of a given structure, its historical or cultural significance,
past and proposed uses, and the associated costs of each alternative. The process also includes
a public workshop to ensure that neighbors or interested parties have the opportunity to
provide historical information about the structure, and to comment upon the disposition of the
structure. Three structures in the Sierra Azul area were evaluated using the draft
determination process during policy revision discussions—the former North house located on
Reynolds Road, and the former Sink house and the former Barlow house, both located on
Barlow Road.
A public workshop was held on-site on May 21, 1998. The three structures were visited by
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
I
R-98-125 Page 2
staff and the Acquisition and Enterprise Committee, with Director Siemens filling in as
replacement for Director Hanko. Adjacent owners and interested parties were notified of the
workshop. Approximately eight members of the public attended the workshop at the former
North property. No members of the public attended the tour of the remaining two structures.
Disposition of the structures on the former North property are not included in this report and
will be addressed separately at a later date. An assessment summary of the Sink and Barlow
houses is provided below.
Former Sink House (see the attached man)
The former Sink house was acquired by the District in 1992 in conjunction with a 26-acre
acquisition in the Mt. Umunhum Area of Sierra Azul Open Space Preserve. The Preliminary
Use and Management Plan adopted at the time of its purchase recommended that the house be
rented as an enterprise unit (see Acquisition Report R-92-54, adopted May 13, 1992). Since
its acquisition, the house has rented for as much as $900 per month, until the latest tenants
were evicted on November 1, 1997 for numerous violations of their rental agreement.
Access to the house is via Barlow Road, an unsurfaced road which runs between Mt.
Umunhum Road and Woods Road. The house is located at the end of a gated driveway which
branches off Barlow Road, approximately one mile north of Mt. Umunhum Road. The 1,100
square-foot house consists of a kitchen/dining area, a small living room, two bedrooms, one
bath, and a deck.
The house was left in extremely poor condition by the tenants and appears to have been
recently vandalized. The estimated costs to repair damage to the structure's interior range
between $6,000 and $10,000. In addition, the Sink house has historically been considered a
very high maintenance rental unit, requiring frequent repair of the water, phone, and
generator-powered electrical system. The house's water supply is a marginal, spring-fed
system that should be replaced with a well, at an estimated cost of$20,000 to $25,000.
Barlow Road and the unsurfaced driveway leading to the house are subject to landslides and
require frequent maintenance. The phone lines are buried just below the surface of Barlow
Road and are subject to failure during the rainy season and are frequently damaged during
annual road grading. Because of the distance to existing public utilities, it is not economically
feasible to bring electrical service to the structure. Santa Clara County planning staff have
indicated that they will have to conduct a number of inspections to identify the conditions
under which permits for repairs and upgrades would be issued, which could entail additional
costs and permitting fees.
The Acquisition and Enterprise Committee met on August 5, 1998, to review these findings
and concluded that the costs of repairing and upgrading the house for continued use as a rental
unit, combined with ongoing road maintenance costs, exceed the cost of removing the structure
and restoring the site. The Committee voted three to zero in favor of its removal.
R-98-125 Page 3
Due to the potential for vandalism and the attractive nuisance vacant homes provide, staff
would like to proceed immediately with the demolition of this structure. Upon your approval
of the use and management amendment recommendations contained in this report, staff will
solicit bids and will return to you for final authorization to enter into contract once the bids
have been reviewed and analyzed. Barring unforeseen circumstances, it is anticipated that this
will occur in conjunction with your final adoption of the use and management plan
amendment.
A total of$20,500 was allocated in the 1998-1999 fiscal year budget to complete this project.
Former Barlow House (see the attached man)
The former Barlow house was acquired by the District in 1991 in conjunction with a 40-acre
acquisition in the Mt. Umunhum Area of Sierra Azul Open Space Preserve. The Preliminary
Use and Management Plan adopted at the time of its acquisition recommended renting the
structure as an enterprise rental account, investigating the possibility of legalizing the structure
by securing the necessary planning and building permits, and studying the feasibility of
converting the home to a hikers but (see Acquisition Report R-90-139, dated November 15,
1990). The structure rented for $725 per month until the latest tenant vacated the premises on
November 1, 1997.
The Barlow house is located on Barlow Road, approximately one-and-a-half miles north of Mt.
Umunhum Road. The house is constructed of concrete blocks and totals 976 square feet in
area. The house is a two-bedroom, one-bath unit with a loft and exposed wood beam interior.
A 640 square-foot deck extends from the living room.
The house itself is in good condition although, like the former Sink house, it was built without
permits and would require extensive upgrades to bring it into compliance with Santa Clara
County building codes. The house relies on a marginal spring-fed water system that should be
replaced with a County-approved well, for a cost of$20,000 to $25,000. The phone lines are
buried just below the surface of Barlow Road and are subject to failure during annual road
grading and throughout the rainy season. As with the former Sink house, it is not
economically feasible to bring electrical service and serviceable phone lines to the structure.
In addition, continued use of the Barlow house will require significant improvements to its
septic system, at an estimated cost of$10,000 to $12,000. Securing the necessary permits to
install proper water and septic systems may be problematic due to constraints imposed by the
area's Hillside zoning.
The Acquisition and Enterprise Committee discussed these findings at their August 5, 1998
meeting and voted two to one in favor of removing the Barlow house.
To explore the feasibility of converting the house to a hikers hut, in September 1998, staff
R-98-125 Page 4
requested an assessment of the structure by the Sierra Club's Hikers Hut Coordinator, Meisje
Aldrich. In her opinion, the former Barlow house does not meet the criteria for a hikers hut.
Comments from her written evaluation and follow-up conversations with staff are summarized
as follows:
Ms. Aldrich was concerned that the house was not built to code, particularly with regard to the
water and septic systems. Ideally, a hikers but would be configured to accommodate large
parties, such as adult retreats and school groups. She worried that it would be very difficult to
secure permits for the necessary water and septic system modifications due to the surrounding
area's steep slopes. Other problems with the house included lack of convenient and easy-to-
use utilities (a gas-powered generator may be too complicated for some,visitors), as well as
safety issues associated with the frequently-interrupted phone lines.
Ms. Aldrich was also concerned about the remoteness of the house. She reported that a
trailhead to a hikers but should ideally be located just a short drive from urban areas so that
hikers can leave the city after work on a winter evening, for example, and still have plenty of
time to walk safely to the hut. She worried that the distant location on Barlow Road would
discourage use of a hikers hut; would result in very long response times to emergencies; and
would make it inconvenient to maintain and re-provision the but following a group visit.
These issues would be compounded during the winter months. Another problem with the
Barlow Road location is the lack of a well-developed trail system that affords multiple options
for day hikes and loop trips.
Ms. Aldrich expressed interest and enthusiasm in working with the District on developing a
hikers but and indicated that the Sierra Club might be willing to provide matching funds to
develop a but in a feasible location. She concluded, however, that the Barlow house would
not be a good prospect, and that funds would be better spent on a location with a better chance
of being successfully utilized by the public.
Based on these considerations and the recommendations of the Acquisition and Enterprise
Committee, staff would like to proceed immediately with the demolition of this structure.
Upon your approval of the use and management amendment recommendations contained in
this report, staff will solicit bids for this demolition project and will return to you for
authorization to enter into contract once the bids have been received and analyzed. This could
occur in conjunction with final adoption of the use and management plan amendment.
A total of$25,000 was allocated in the 1998-1999 fiscal year budget to complete this project.
CEQA DETERMINATION
The District concludes that this project will not have a significant effect on the environment.
It is categorically exempt from CEQA under Article 19, Sections 15301(1), 15301(4), and
R-98-125 Page 5
15304 as Wows:
Section 15301(1) exempts the demolition and removal of individual small structures that have
no cultural, historical, or architectural significance. Staff contacted a number of agencies
including the Santa Clara County Planning Department, the Heritage Council of Santa Clara
County, the Santa Clara Historical Landmarks Commission, and the Regional Branch of the
State Historic Preservation Office to determine that neither the Sink nor the Barlow structures
have cultural, historical, or architectural significance.
Section 15301(4) exempts the removal of accessory structures including garages, carports,
patios, swimming pools, and fences. Both the Sink and Barlow sites contain only small
accessory structures that fall within this category.
Section 15304 exempts grading on land with a slope of less than 10 percent, and filling of
earth into previously excavated land with material, compatible with the natural features of the
site. Only a minimal amount of grading, if any, will be required to restore the level building
sites to a natural condition.
This structures removal project qualifies under all three sections. This project will restore the
sites and help return them to a natural condition.
Prepared by:
Matthew Freeman, Open Space Planner I
Contact person:
Michael C. Williams, Real Property Representative
SIERRAVAZUL OPEN SPACLO'RESERVE
Midpeninsula Regional Open Space District
LOSED ��� \
AREA --'�
,OOo -� N -US
1200
1400
DO
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i •
f.
1000
\ El Sombroso
•1 ... 1200 y•
G 1400
a
1600
C a ( 1800
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2000TO
{toad
�'- 20(
BARL W m `�O
2600
M 2800 24 0 SINK
Mt.,UMunhum _ Bald,
Mountain
Bar/o� %• vim. C!�1,387'
CLOSED
_= AREA
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0
One Mile
5/19/98
EXHIBIT A: PROJECT LOCATION MAP
- - - - - - - - - - - - - - - - -
Memorandum
To: Board of Directors
From: David Smernoff
RE: Former Sink and Barlow residences
As former Chair of the Acquisition and Enterprise Committee I wanted to
express my opinion concerning the disposition of the two referenced
properties.
At the August 5th meeting the committee voted 3 -0 to demolish the Sink
residence. I still support that recommendation for the following reasons .
Utility connections to the site are non-existent or inadequate. Phone and
water lines run aboveground, the septic system is of unknown capacity and
condition, power is provided via generator. Further the structure is in
horrible condition and would require extensive repairs to make it suitable
as a rental or ranger residence. I believe the cost to improve the
structure and provide adequate utility services would be excessive.
Restoration of the site to a natural condition would enhance the resource
values of the area and avoid immediate and long-term costs of maintaining
the structure.
At the August 5th meeting the committee voted 2 -1 to demolish the Barlow
residence. I also support that recommendation for similar reasons. The
utility issues are the same except that an inadequate leach field
exacerbates the septic system problems. Although some power is provided by
solar panels and a wind generator, a generator is still required and the
windmill would require repairs and re-installation to make it secure. Again
the immediate and long-term costs outweigh the benefits derived from rental
income or a ranger residence. Although the structure is sound and the deck
has wonderful views, I cannot support retaining another isolated structure
with inadequate utility services and continuing maintenance costs. Further,
managing these isolated residences requires inordinate staff time with
little benefit. Restoration of the site to a natural condition might
include a picnic destination to take advantage of the view from this
location, if trail connections through the area are adequate.
Having recently experienced first hand the extensive labor and cost
associated with maintaining structures (Thornewood estate) , I am convinced
that the District should only retain those structures which have
outstandingvalue and minimal immediate and long-term problems
lems associated
g P
with them.
Please contact me should you wish to discuss these structures in more detail.a
OCT
To Matt Freeman, Open Space Planner
From: Mlesje Aldrich, Sierra Club Hut Chairperson
Date: September 27. 1998
Re: Barlow House
Matt:
Thank you for contacting me on behalf of MAOSP regarding the potential use of the Barlow
property as a Hikers Hut. 1 appreciate the thorough information provided with which 1 could
make a well Informed decision regarding the suitability of the property as a Hikers Hut.
As you will recall from our discussion. it has always been a vision of the Club to have a series of
huts In the Coast Range to enable hikers to have a continuous trek through the Range,
ovemlghting In a series of flint one day's walk apart from each other. With this In mind, the
Barlow property Is not In an Ideal location in relationship to the Hut in gam McDonald Park.
However, N 1 were to overlook that, there are other concerns that would discourage pursuit of
the property by the Hut committee. We are looking for a site that affords multiple day hike
options. Although the Barlow property Is located near the Say Area Ridge Trail corridor, a trail
system for multiple Mks options dose not seem to exist- In addition to this, the Ideal site would
be bust to code and have a working waterAwwage systems. i have concerns about the septic
tank, its lack of proper permits and the water system on the Barlow property. Apparently
there Is no leech field on the steeply sloping property and thin water lines are frequently
chewed by rodents, resulting in teaks. The report on the property also indicates that the phone
lines run in a shallow trench and therefore service Is easily interrupted during winter storms
and when the road Is graded or maintained.
Our current Hut is used by approximately 15W people each year. Most parties number 2-to.
Families, birthday parties, elders, adult retreats, school groups, etc., can all enjoy the Hut for
solitude, nature study, and hiking due to ft remote ambiance yet doge-in location. The Hut is
easily reacted by walking 1 1/2 mile from the Sarn McDonald Park parking lot. Parties can
leave the city Friday night after work in the winter and still walk safely to the Hut. The parties
tend to stay over for one night. We have a check-in and check-out form that users send to me
after their stay. This is how needs of maintenance/supplies maintenance/supplies are reported to me. if urgent needs
arise they are also addressed by me or, In case of an emergency, by a "friend of the Hut" who
lives within a 10 minute drive rather than my 45 min. trip. I envision that this type of access
for visitors and maintenance arrangement would be difficult at Barlow due to road, location, and
seasonal weather conditions. For this reason, and due to issues addressed above, I do no think
the Barlow property fits the criterion for a Sierra Club Hikers Hut .
1 do want to thank you very much for considering the Sierra Club's desire to offer overnight
facilities for hikers, for all who have a reverence for the incredible beauty of open spaces
and to the commitment to stuardship of those lands. Matt, to that end, I look forward to
working with you in the future.
Sincerely,_
Miesle Aldrich
Regional Open .ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-123
Meeting 98-22
October 14, 1998
AGENDA ITEM 5
AGENDA ITEM
Award of Contract for Installation of a Concrete Slab Floor for the Equipment Storage Area of
the Skyline Field Office Shop Building
ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS G'v(• L
1. Determine that the project is categorically exempt from the California Environmental
Quality Act (CEQA), based on the findings contained in this report.
2 Authorize the General Manager to enter into contract with the lowest responsible bidder
g po
for the installation of a concrete slab floor for the equipment storage area of the
Skyline Field Office shop building.
DISCUSSION
At your September 9, 1998 meeting, you authorized staff to solicit bids for improvements to
the storage building at the Skyline Field Office (see report R-98-19). The work includes
approximately 2,200 square feet of excavation, subbase installation, and placement of a 5"
reinforced concrete slab floor. The equipment storage area of the shop building currently has
a dirt floor. The project will better facilitate maintenance and storage of equipment, improve
the working conditions for staff, and provide improved drainage and moisture protection. The
preliminary cost estimate for this work is $17,000. The project duration is 10 days, provided
favorable weather factors.
A notice to bidders for construction of the improvements was advertised in the San Jose
Mercury News. In addition, known potential qualified bidders were mailed a Notice to
Bidders. A non-mandatory pre-bid meeting was held on October 8, 1998.
In order to expedite this project for completion prior to the onset of wet weather, the public
bid opening will occur on Monday, October 12, 1998. Since the public bid opening follows
the preparation of this report, staff will provide an analysis of bids, including a
recommendation for the lowest responsible bidder, at your October 14, 1998 meeting.
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.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton
R-98-123 Page 2
CEOA COMPLIANCE
Project Description
The project consists of the installation of a concrete floor in an existing equipment storage area
of the shop building at the field office at Skyline Ridge Open Space Preserve.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment.
It is categorically exempt from CEQA (California Environmental Quality Act) under Article
19, Section 15301 of CEQA Guidelines as follows:
Section 15301 exempts the operation, repair, or maintenance of existing public facilities
involving negligible, or no expansion of use beyond that previously existing. The concrete
surfacing of the floor will not expand the use.
Prepared by:
John Cahill, Open Space Planner H
Contact person:
same as above
l
Regional Open . . .ice
---------------------
R-98-128 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-22
October 14, 1998
AGENDA ITEM 5A
AGENDA ITEM
Award of Contract for Installation of a Concrete Slab Flo r for the Equipment Storage Area of the
Skyline Field Office Shop Building.
GENERAL MANAGER'S RECOMMENDATION
1. Determine that the project is categorically exempt from California Environmental Quality
Act(CEQA), based on the findings contained in this report.( See Agenda Item 5)
2. Reject the sole bid received from Jim Duffy Construction for $44,733.00.
DISCUSSION
A public bid opening was conducted on October 12, 1998. Only one bid was received, from Jim Duffy
Construction of Menlo Park, in the amount of$44,733.00. This amount substantially exceeds the project
cost estimate of$17,000.00. Staff recommends that the bid be rejected.
A notice to bidders was sent to five qualified contractors. In addition, a legal ad was placed in the San
Jose Mercury News. A non-mandatory pre-bid meeting was held on October 8, 1998. More than four
contractors were expected to attend. However, no bidders attended the meeting. Jim Duffy
Construction, who responded to the San Jose Mercury News notice, was the only bid response. In
subsequent discussions with some of the other prospective bidders, the following reasons were given
for not bidding. One contractor was not interested in bidding on a project that required a bond, another
did not wish to travel the Skyline area, and the third was too busy.
Since the bid opening, staff confirmed the accuracy of the cost estimate. Based upon Section 5549b of
the Public Resources Code which states, "With the approval of the Board, the General Manager may
bind the District, without advertising and without written contract, for payment of supplies, materials, or
labor for the new construction of any building, structure, or improvement in amounts not exceeding
twenty-five thousand dollars($25,000.)". Since staff feels confident that the project can be completed
for below$25,000, staff will attempt to find a contractor to complete the project within the guidelines
mentioned above.
Prepared by: John Cahill, Open Space Planner II
Contact person: Same as above
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.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
Regional Open ., . ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-121
Meeting 98-22
October 14, 1998
AGENDA ITEM 6
AGENDA ITEM
Tentative Adoption of an Amendment to the Use and Management Plan for Pulgas Ridge Open
Space Preserve to Install a Memorial Boulder and Plaque
ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically"exempt under the California
Environmental Quality Act as set out in this report.
2. Tentatively adopt an amendment to the Comprehensive Use and Management Plan for
Pulgas Ridge Open Space Preserve to install a memorial boulder and plaque honoring
George Seager.
BACKGROUND
Mr. George Seager was a long-time supporter and advocate for the District, serving as a Board
member from 1976 to 1977, the year in which he died. Mr. Seager was instrumental in the
process of expanding the District's boundaries into San Mateo County, and in the preservation
of Pulgas Ridge Open Space Preserve. Earlier this year, Director Hanko brought to the
attention of the Legislative, Finance, and Public Affairs Committee that, upon Mr. Seager's
death, it was the intent of the District to provide a memorial in his honor.
This proposal is consistent with section III-A of the District's Site Naming and Gifts
Recognition Policy, Special Recognition of Founders.
DISCUSSION
I
f
A preferred site for the memorial has been selected in Pulgas Ridge Open Space Preserve, at
the end of the Cordilleras Trail (see attached map). A wooden bench already exists at the site,
but was deemed unsuitable for a plaque. Staff researched other types of memorials, and the
Legislative, Finance, and Public Affairs Committee determined that an engraved granite
boulder would be an appropriate memorial. The blue granite boulder will be approximately 2
feet by 2 feet. It will be set into the soil, with one surface cut, polished, and engraved with a
memorial dedication to be approved by Director Hanko. The proposed boulder location is
approximately 15 to 20 feet from the existing wooden bench, in a shaded clearing surrounded
by a grove of oaks and other native vegetation. The District will maintain the memorial
boulder.
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.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
R-98-121 Page 2
This project is estimated to cost approximately $1,000; funding was included in the 1998-1999
budget. Public Affairs is planning a dedication event to be held within the next six months.
CE-QA 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 15303 and 15304 as follows:
Section 15303 exempts construction of limited, small, new facilities.
Section 15304 exempts certain minor alterations of land, water, or vegetation.
Prepared by:
Ana Montafto, Planning Technician
Contact person:
Randy Anderson, Senior Planner
PULGAS RAGE OPEN SPACWRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DIS�CT
-7
600
PREFERRED SITE
FOR THE SEAGER 4W
MEMORIAL
X
BOULDER
-"A
Polly Geraci Trail
7
...........
1.0
2-,
10.3 \
(PR02)
Water
HasslerTrail TankHassler Loop Trail
0
Off-Leash Dog Area
0.4
R
600 0.4 Blue ...Cen
Oak
Trail
400
Cordilleras
Center -110 00
1E:❑1 0.4
400
280 0.6
0.3
�j �4�
EDGEWOOD
COUNTY PARK
0.3 (San Mateo County) 0.4
. ........,�,
0.2 .....
WO
1114 97,
EXHIBIT A 0-0 1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 mile
Regional Open .ice
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-120
Meeting 98-22
October 14, 1998
AGENDA ITEM 7
AGENDA ITEM
Tentative Adoption of an Amendment to the Use and Management Plan for Los Trancos Open
Space Preserve to Install a Memorial Bench and Plaque
ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt under the California
Environmental Quality Act as set out in this report.
2. Tentatively adopt an amendment to the Comprehensive Use and Management Plan for
Los Trancos Open Space Preserve to install a memorial bench and plaque honoring
Stan Norton.
BACKGROUND
Mr. Stan Norton was a long-time local leader in land conservation and environmental issues.
He was one of the original signatories of the ballot argument in favor of Measure R, the 1972
grassroots initiative which formed the District in Santa Clara County. He also served as the
District's first legal counsel from 1973 until his retirement in 1994. Upon his retirement in
1994, the then-President of the Board of Directors indicated that the District would pursue the
future development of a commemorative bench to honor Mr. Norton, who died in 1996. In
commemoration of Mr. Norton's many contributions to the District and to open space
preservation, the Legislative, Finance, and Public Affairs Committee considered the
installation of a memorial bench and plaque, in honor of Stan Norton.
This proposal is consistent with section III-A of the District's Site Naming and Gifts
Recognition Policy, Special Recognition of Founders.
DISCUSSION
A preferred site for the commemorative bench and plaque has been selected in Los Trancos
Open Space Preserve, adjacent to the San Andreas Fault Trail (see attached map). The site lies
approximately one-tenth of a mile from the Los Trancos parking lot, in a grassy clearing near
a weather station which collects data for the United States Weather Service.
The bench will be approximately eight to ten feet long, two feet wide, and will be built of
stone. It will be a free-standing structure, allowing visitors to sit on either side. The site
location may require a short connecting trail for access. The District will maintain the
i
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.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
R-98-120 Page 2
memorial bench and plaque. District staff will pursue the possibility of moving the weather
station from its existing location. The Norton family has also expressed an interest in
planting native vegetation to provide for a screen from the station. Any vegetation that may be
planted by the District as a result of a request from the Norton family is to be maintained by
the family. Appropriate wording will be developed for the plaque, to be approved by Director
Hanko.
This project is estimated to cost approximately $3,800. Funding will be included in the
1999-2000 fiscal year budget. Public Affairs is planning a dedication event for May 1999.
The Legislative, Finance, and Public Affairs Committee considered this item at their
September 29, 1998 meeting. They approved the concept, forwarding it to the full board for
your consideration.
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 15303 and 15304 as follows:
Section 15303 exempts construction of limited, small, new facilities.
Section 15304 exempts certain minor alterations of land, water, or vegetation.
Prepared by:
Ana Montaho, Planning Technician
Contact person:
Mary de Beauvieres, Acting Senior Planner
I
LOS TRA► . *.-:OS OPEN SPACPkESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FOOTHILLS PARK
City of Palo Alto
(Open to Palo Alto ____l _ _ # _.
Residents Only)
i
1400 FOOTHILLS
OPEN SPACE
`--- .. PRESERVE
41
1600 l = 3
PREFERRED SITE �dq,
FOR THE NORTON
COMMEMORATIVE Lost Creek 0.8 ``♦(LToi) j
BENCH _Loop Trail lti f
City of
0.2
... _ � _ Palo-Alto
1800
— .� �. ,(Managed'by
0.6 �_ ---�� MROSD) /
Franciscan �� 0.3,E
_ l
Loop Trail --� ( 0.7
.
2000 , 0.5
0.7
` Fa��f T reas• a�
' z 0.4
• \ `
0.22200
�
_ woad b� r00 '
Page M i1\ 0.2 ?�
®' MONTE BEL O
>> ...J'OPEN SPAC �Meo
% PRESERVE ' 3j
_.- /
EXHIBIT A 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 mile
�
�
Claims No. 98- 8
Meeting 98-22
Ooto October 14. 1BS8
Revised
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4880 10.00 Ace Fire Equipment&Service Co., Inc. Fire Extinguish;"r Service
4881 280.79 AOT Security Systems Alarm Services
4882 125.45 Anderson, Randy Vehicle Expense
4883 261.67 Arne Sign Signs
4884 101�87 ArteohLuminsding Laminating Supplies
4885 11.84 AT&T Telephone Service
4888 3.850.00 BNY Western Trust Company Note Paying Agent Fee-Debt Service
4887 7.384.40 Brazil's Excavating, Inc Shilling Lake Landslide Repair
4888 1^030�94 Brian NongomFou|kEngineers Teague Hill Consulting Report
� 4089 120.00 1° California Assoc. of Reg. Parks&Open Space Professional Conharence-G. Bai||ia
�
4880 388.75 California Water Service Company Water Service
4881 12RH2 {�armonibe |nbemnaUono| Signs
� � Corp.�
4892 61.13 Cascade Fire Equipment Co. Fire Equipment and supplies i
� 4883 161.00 Communication &Control, Inc. Mt. Um. Water Pump '
4894 335.05 Coobzo Office& Field Supplies
4885 563.72 Cmmpurun Computer Upgrade
4896 114.50 Cougar Couriers Express Mail Service
4897 134.00 Council on Education inManagement Subscription Renewal �
4898 452.20 °2 County of San Mateo Barn Repair Permit �
4889 112.00 °3 County of San Mateo Russian Ridge RamtroomPermit
4900 1.065.20 Alice Cummings Grant Consultant
� 4901 180.00 Done Right Roofing &Gutters Enterprise Rental Roof Repairs
� 4902 215.00 Brendan Downing Reimbursement--EMT Recertification
4803 58.80 Du-All Safety Hazardous �
'
4804 46173 Emily&Associates Planning Department Personnel Consultant
4905 1.217.81 Empire Equipment Co. Grader Rmnbe|-FEyNAProjects
4906 94.25 John Escobar Vehicle Expense
4907 74.76 ForneUeCommuniuotionm Radio Repairs �
�
4908 987.79 Fixturepronho Brochure Boxes �
4909 109.33 Foster Brothers Security Systems, Inc. Door Lock System for Shop
4910 830.00 Flinn, Gray & Hertorioh Insurance Brokers Vehicle |nmurance-`Additiono|Trucks
4911 1.346.42 Gorden|and Power Equipment Field Supplies
4912 26.18 G & NServices Shop Towel Service
4013 158.14 8nanibanonh Asphalt Patch
4914 145.33 GTE Wireless Cellular Phone Service
4915 78.51 Guy Plumbing & Heating, Inc. OMivaReatnoom Plumbing Repair
4916 210.78 Kathleen Hart Reimbursement--Training Course
4917 135.00 Higdon Termite and Pest Control, Inc. Pest Control Sarvioe-Foodh ills Office
4918 11.99 Honda Peninsula ATV Motor Oil
4919 135.31 Interstate Traffic Control Products Signs |
4930 197.94 Jodi Isaacs Vehicle Expense |
4921 1.451.63 Jeda Publications, Inc. Puriomm Creek Brochures
4922 420.00 Tamara Kan Invasive Plant Control Calendar
4923 3.376.11 Randy Klein Sediment Damage Consulting Services
4924 1.386.00 AnneNb|etrkm FEMA Project Consultant
4925 28.18 Lab Safety Supply Inc. Field Supplies
4926 1.02150 Lanier Worldwide, Inc. Copier Leases
4827 808.40 Legislative Intent Service Legal Services
4928 293.18 Life Assist, Inc. First Aid Supplies
4929 103.74 Los Altos Garbage Company DumpnterServioo
4930 20.00 Los Alto Town Crier Page Subscription Renewal
� Claims No. 98-18
| MemtngQ8-22
Date: October 14. 1898
Revised
K0|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4931 788.13 Lucent Technologies Phone Service
4832 307.96 K8C| Phone Service
4933 382.43 YNetroK8obi|eConnmunications Radio Repairs
4834 125.00 Ken Miller Reimbursement--EMT Recertification
4936 225.87 Mission Valley Ford Truck Sales, Inc. Vehicle Repairs �
4936 207.84 Moffett Supply Company Sanitary Supplies �
� 4937 794.34 Monogram Sanitation Sanitary Supplies
�
4938 159.98 Nosoo Resource Documents
� 4939 76.02 Noble Ford Tractor, Inc. Tractor Repair Parts �
�
� 4840 61.33 Northern Energy, Inc. Propane
�
4941 68.48 Office Depot Office Supplies
� 4942 1112�1O Pacific Bell Phone Service
|
� �
4943 740.13 Pacific Coast Seed Erosion Control Seed
� 4944 88.76 Parrot Paging Pager Service
4945 6.83 Pearson Oldsmobile Pontiac GK8CTruck Vehicle Repairs
4946 238.08 Peninsula Blueprint, Inc. Blueprints and B|ue|ines |
|
� 4947 36178 Pine Cone Lumber Co.. Inc. Field &Shop Supplies
� 4948 415.87 PIP Printing Brochure& Program Review Printing
4949 4711.10 Rana Creek Habitat Restoration Russian Ridge Habitat Consultant |
4950 33.17 Rancho Hardware Field Supplies �
|
4951 34.13 Rayne Water Conditioning Water Service
4952 265.15 Rego| OodQe Vehicle Repairs
� 4953 46694.70 ReatnoomFaoi|idem RaodnoomVendop-Shy|ineRomtroonnm
4954 623.68 Rice Trucking-SoUFarm Fema Project Trucking Charges
4955 177.48 Romin Environmental Technologies Corp. Hazardous Waste Removal
4856 57.05 Royal Brass, Inc. Hose Assembly-Tractor
4957 3245.97 Royo Repair Service Vehicle Repairs& Maintenance
4958 185.00 Barbara ScherbRuhar Patrol Map Book Consultant
4859 35.24 RV Cloud Romtnoom Repair Parts
4955 189.68 San Jose Mercury News Advertisement--Public Notices
4958 7500 San Mateo County Bar Association Bar Duem-S. Qnhectmen �
�
4957 64.79 Second Cup Business Meeting Expenses
4958 1720.00 E.R. Gheehan Trail Repair Consultant �
4959 385.93 Shell Oil Company Fuel
4960 -821.62- John Shelton, Inc. Culvert and Drainage Project Materials
� 1279.61
4961 92.01 Signs of The Times Signs
� 4862 27.50 Skywood Trading Post Diesel �
4963 16.56 State Board ofEqualization Diesel Fuel Tax
4964 1121T Stevens �n�ahC>uo�y. |nc� Rip |
� !
4965 1000.00 ^4 Stewart Title of California, Inc. Acquisition Deposit
4966 584.56 Target Specialty Products Weed Abatement Products �
4967 180.79 Taylor Rental Cement Mixer Rental
4968 26.65 Too|and. |nc. Field Supplies |
�
4969 43110.00 T.K.O. Cunatruction La Honda Creek Bridge Project Consultant
4870 40.04 Turf& Industrial Equipment Company Grease&Oil for Tractor
� 4871 3856.01 U. S. Rentals BaokhooRenta|-FEK8AProjects /
4972 7� �28 °5 UP� �S Postage
!
�
� 4973 174.00 Rich Voss Trucking, Inc. Trucking Transport Fees
� |
|
Page
| � --�-- ---- ---'
Claims No. 98-18
| KAeeting98-22
Date: October 14. 1SSB
Revised
KA|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4974 80.00 Michelle Wagner Pulgas Ridge Restoration Consultant
4975 42.22 West Coast Rmbor Rebnr--TrailRepoire
4976 113.56 West Group On-Line Legal Publication
4977 237.18 Wheel Works Tires
4978 1.507.20 Whitmore, Johnson & Bo|anoo Legal Services
4979 117.33 Michael Williams Vehicle Expense
4980 300.00 Roberta Wolfe Recording Services
4981 24&86 Del Woods Reimbursement--Computer Monitor
� 4982R 533.05 Petty Cash Bridge Tolls, Office and Field Supplies,
� Resource Documents, Film & Developing,
� Fuel and Training Expenses
^1 Urgent Check Issued September 8. 1SS8
°2 Urgent Check Issued September18. 19S8
^3 Urgent Check Issued 8eptember18. 1808
°4 Urgent Check Issued October 7. 1S08 �
°5 Urgent Check Issued October 8. 1S9W �
TOTAL 148.209.17
�
�
�
�
�
�
�
�
Page
�
Claims No. 98- B
MaetinU98-22
Date: October 14. 10S8
� K8|OPEN|NGULA REGIONAL OPEN SPACE DISTRICT
�
# Amount Noma Description
4880 10.00 Ace Fire Equipment& Service Co., Inc. Fire Extinguish;r Service
4881 290.79 ADT Security Systems Alarm Services
4882 135.45 Anderson, Randy Vehicle Expense
4883 261.67 Arne Sign Signs
4884 101.87 AdechLaminadng Laminating Supplies
4885 11.84 AT&T Telephone Service
4886 2.650.00 BNY Western Trust Company Note Paying Agent Fee-Debt Service
4887 7.364A0 Brazil's Excavating, Inc Shilling Lake Landslide Repair
4888 1.030.94 Brian Non0aoFou|kEngineers Teague Hill Consulting Report
� 4889 120.00 1° California Assoc. of Reg. Parks&Open Space Professional Confenonca-G. BaiUie
�
� 4090 308.75 California Water Service Company Water Service
4891 128.82 Caroonita International Corp. Signs
4892 61.13 Cascade Fire Equipment Co. Fire Equipment and supplies
4893 161.00 Communication &Control, Inc. Mt. Um. Water Pump
4894 335.05 Coebco Office& Field Supplies �
4895 563.72 Compunun Computer Upgrade
4898 114.50 Cougar Couriers Express Mail Service
4897 134.00 Council on Education inManagement Subscription Renewal
4898 45120 °2 County of San Mateo Barn Repair Permit
�
4899 112.00 ^3 County of San Mateo Russian Ridge RaotnzomPermit
4900 1.065.20 Alice Cummings Grant Consultant
4901 180.00 Done Right Roofing &Gutters Enterprise Rental Roof Repairs
4803 215�00 Brendan Downing Reimbursement--EMT Recertification
4903 50.00 Du-All Safety Hazardous Waste C|aoo-J. Kowo|eaki
4904 463.73 Emily&Associates Planning Department Personnel Consultant
4905 1.217.81 Empire Equipment Co. Grader Henta|-FEK8/\Projects
4806 84.25 John Escobar Vehicle Expense
4907 74.75 Forme||eCommunioationo Radio Repairs
4908 98778 FixturoPnonbo Brochure Boxes
4908 109.33 Foster Brothers Security Systems, Inc. Door Lock System for Shop
4910 830.00 Flinn, Gray @Hadorioh Insurance Brokers Vehicle |nourence--Addidono|Trucks
4911 1.346.42 Garden|and Power Equipment Field Supplies
4813 26.18 G & KServices Shop Towel Service
4813 159.14 Gren|terook Asphalt Patch
4914 145.33 GTE Wireless Cellular Phone Service
4915 78.51 Guy Plumbing& Heating, Inc. Office Reotnoom Plumbing Repair
4918 210.78 Kathleen Hart Reimbursement--Training Course
4917 135.00 Higdon Termite and Pest Control, Inc. Pest Control 8en/ioe-Footb ills Office
4918 11.99 Honda Peninsula ATV Motor Oil
4919 135.31 Interstate Traffic Control Products Signs
4920 197.84 Jodi Isaacs Vehicle Expense
4921 1.451.63 Jeda Publications, Inc. Puhamm Creek Brochures
4922 420.00 Tamara Kan Invasive Plant Control Calendar
4033 3.376�11 Randy Klein Sediment Damage Consulting Services
4924 1.386.00 AnneKo|otzke FEyNA Project Conou|bant
�
4825 28.18 LobG��»b/8upp|y� Inc. Field Supplies
4926 1.023.59 Lanier Worldwide, Inc. Copier Leases
� 4927 808.40 Legislative Intent Service Legal Services
�
4928 293.18 Life Assist, Inc. First Aid Supplies
� 4928 103.74 Los Altos Garbage Company OumpebarGen/ice
� 4930 20.00 Los Alto Town Crier Page Subscription Renewal
Claims No. 98-18
Meeting 98-22
Date: October 14, 1998
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4931 788.13 Lucent Technologies Phone Service
4932 207.96 MCI Phone Service
4933 362.43 MetroMobileCommunications Radio Repairs
4934 125.00 Ken Miller Reimbursement--EMT Recertification
4935 225.87 Mission Valley Ford Truck Sales, Inc. Vehicle Repairs
4936 207.84 Moffett Supply Company Sanitary Supplies
4937 794.34 Monogram Sanitation Sanitary Supplies
4938 159.98 Nasco Resource Documents
4939 75.02 Noble Ford Tractor, Inc. Tractor Repair Parts
4940 61.33 Northern Energy, Inc. Propane
4941 68.48 Office Depot Office Supplies
4942 1112.10 Pacific Bell Phone Service
4943 740.13 Pacific Coast Seed Erosion Control Seed
4944 98.76 Parrot Paging Pager Service
4945 6.93 Pearson Oldsmobile Pontiac GMC Truck Vehicle Repairs
4946 238.08 Peninsula Blueprint, Inc. Blueprints and Bluelines
4947 261.78 Pine Cone Lumber Co., Inc. Field &Shop Supplies
4948 415.87 PIP Printing Brochure& Program Review Printing
4949 4711.10 Rana Creek Habitat Restoration Russian Ridge Habitat Consultant
4950 32.17 Rancho Hardware Field Supplies
4951 34.13 Rayne Water Conditioning Water Service
4952 265.15 RegalDodge Vehicle Repairs
4953 46694�70 Restroom Facilities Restroom Vendor--Skyline Restrooms
4954 623.66 Rice Trucking--Soil Farm Fema Project Trucking Charges
4955 177.48 Romic Environmental Technologies Corp. Hazardous Waste Removal
4956 57.05 Royal Brass, Inc. Hose Assembly--Tractor
4957 3245.97 Roys Repair Service Vehicle Repairs & Maintenance
4958 165.00 Barbara Scherb Rufer Patrol Map Book Consultant
4959 35.24 RV Cloud Restroom Repair Parts
4955 199.68 San Jose Mercury News Advertisement--Public Notices
4956 75.00 San Mateo County Bar Association Bar Dues--S. Schectman
4957 64.79 Second Cup Business Meeting Expenses
4958 1720.00 E.R. Sheehan Trail Repair Consultant
4959 385.93 Shell Oil Company Fuel
4960 821.62 John Shelton, Inc. Culvert and Drainage Project Materials
4961 92.01 Signs of The Times Signs
4962 27.50 Skywood Trading Post Diesel
4963 16.56 State Board of Equalization Diesel Fuel Tax
4964 112.17 Stevens Creek Quarry, Inc. Rip Rap Rock/Creek Stabilization
4965 1000.00 *4 Stewart Title of California, Inc. Acquisition Deposit
4966 584.55 Target Specialty Products Weed Abatement Products
4967 190.79 Taylor Rental Cement Mixer Rental
4968 26.65 Tooland, Inc. Field Supplies
4969 43110.00 T.K.O. Construction La Honda Creek Bridge Project Consultant
4970 40.04 Turf& Industrial Equipment Company Grease&Oil for Tractor
4971 3856.01 U. S. Rentals Backhoe Rental--FEMA Projects
4972 7.28 *5 U.P.S. Postage
4973 174.00 Rich Voss Trucking, Inc. Trucking Transport Fees
Page 2
Claims No. 98-18
Meeting 98-22
Date: October 14, 1998
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4974 80.00 Michelle Wagner Pulgas Ridge Restoration Consultant
4975 42.22 West Coast Rebar Rebar--Trail Repairs
4976 11156 West Group On-Line Legal Publication
4977 237�18 Wheel Works Tires
4978 1,507.20 Whitmore, Johnson & Bolanos Legal Services
4979 117.33 Michael Williams Vehicle Expense
4980 300.00 Roberta Wolfe Recording Services
4981 248.96 Del Woods Reimbursement--Computer Monitor
*1 Urgent Check Issued September 9, 1998
*2 Urgent Check Issued Septemberl 8, 1998
*3 Urgent Check Issued September'18, 1998
*4 Urgent Check Issued October 7, 1998
*5 Urgent Check Issued October 8, 1998
TOTAL 148,218.13
Page 3
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton General Mana
g
DATE: October 14, 1998
SUBJECT: FYI
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • E-mail:mrosdOopenspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
Regional Open ace
Date: October 13, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To: Craig Britton, Gen. Manager
From: John Cahill, Plan>
RE: Projelet Costs--Thornewood O.S.P.
Landslide Repair at Schilling Lake
As requested, the following is a response to a question asked by a Board member at the Sept. 23,
1998 meeting, concerning the total cost of the landslide repair at Schilling Lake in the
Thornewood O.S.P..
Account History 4/97--3/98.....................................................$29,725.09
Account History 4/98--3/99.....................................................$96,262.69
Accrued Expenses 9/98--10/98................................................$ 3,900.00 (Approx.)
(Planting, seeding, irrigation, etc.)
Project Total $129,887.80
330 Distel Circle • Los Altos, CA 9402 2-1 404 Phone:650-691-1200
FAX: 650-691-0485 • E-mail: mrosdrropenspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General AtanaGer:L.Craig Britton
Regional Open jace
...................I..............................-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OMCE MEMORA"UM
TO: C. Britton, General Manager
\I—
FROM: M. W2-aams2, Real Property Representative
DATE: October 13, 1998
SUBJECT: POST(Corte Madera Associates)Property Addition to Mrmdy Kill Open Space Preserve
Escrow closed for the subject transaction on September 29, 1998 and title to and possession of this 173.5 acre
parcel passed to the District.
I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In
accordance with the public notification policy, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close of escrow marks the final
adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of
Directors at their meeting of February 18, 1998.
DEDICA110N CH"T WFORMATION
Dedication
Board stauls
Approval Closing Dedication (Intended or
Preserve Am C"WAor Date Dde Date Acres Woheld?) Notes
Windy Hill POST 2/19199 V29/98 173.5 Intended
cc: Board of Directors
D. Dolan
J. Escobar
B. Congdon
K. Haft
D. Vu
H.\WINDY\POST(Corte Madera Amoc)Closing Mano.vvpd
WINDY HILL- OPEN SPACE HRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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:•:� ?{./,.::::•:.. .... .. ....J f,r+;F..,n•. r r 9 F �.r..... :::. .. /.i:::...... ............. .........:....:.::.%:.:. .....::c:S;r:?S•>#:`•#": � :
Y .�:.:.......,r....♦f`F:.::.::...f ... ♦f/ . /„r.r,r:r. .a .gf J.•.♦f.:,.,r..i .r... .r fr. .f. �...........r r ::/:.%:::.•.:. .Y7{!• .•::::•::l�.n......�......F,F....r....f��+� �:.,`.•,r�,Jr: :,•/•:::::..:,:: ..`.r J�:..:%......�%:.r:.:%::::•:•:;{., ...n.,wv::�:;,4. .. .:y};r:vn:•i;i:?f;{.. f:i'vfY'%:
f :
EXHIBIT I: MAP - TRANSFER AGREEMENT BETWEEN POST AND MROSD posl.ai 2/03/98
TOTAL PROPERTY AREA - 204 ACRES
0.0 .1 .2 .3 .4 .5 •6 .7 .8 .9 1.0
One Mile
egional Open ,face
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER OMCE MEMORANDA
TO: C. Britton, General Manager
rNA,A_CW
FROM: M. Williams, Real Property Representative
DATE: October 13, 1998
SUBJECT: Grainger/Monsen Property Addition to Monte Bello Open Space Preserve
Escrow closed for the subject transaction on October 9, 1998 and title to and possession of this 24 acre parcel
passed to the District.
I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In
accordance with the public notification policy, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close of escrow marks the final
adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of
Directors at their meeting of September 23, 1998.
DEDICATION CHART INFORMATION
Dedication
Board Status
Approval closing Dedicstion (Intended or
Preserve Area Grantor Date Date Date Acres Witliheld?) Notes
Monte Bello Grainger/ 9/23/99 10109199 24 Intended Rent Free;Lase-back to
Monsen Sellers for one(1)year
cc: Board of Directors
D. Dolan
J.Escobar
B. Congdon
K. Elan
D. Vu
H-WONTEBELNGrainger Closing Memompd
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
0.2 GL Bella Vista Trail
1 19 MONTt BELLO N
< \
OP( SPACE. -
� - N � 0.6
n PRESERVE 0.8
PROPOSED ACQUISITION \
1.2 tid \ (GRAINGER/MONSEN 24 AC.)
Trail
0.6 0.2
0.3 �\
0.4 \
wry: ',(SR
r. �(SR05)' MB06
1 ( )
Residen e
• c
Wine ry/Barn ) °r�
CAI pine �V ;� 0.2 `12'�00 -
Pond` i\ Sh-YLINE RIDGjE_ , 0.2
••., 5 \�. -- OPEN SPACE :SR;04)
s
PRESERVE 0.5 )
i 07
0.3
1.5' O 5 0.1 0.1 S R03
( )
Horse hoe
L e
0.3 0.2
1 tP n 15 ,
r;
,fie# �', l`'�' �1 1' t+ r� • G /� �:
a xa'@YA' lna v(`� r,r 1 r,.. t+ I \, ♦ ��'Y
EXHIBIT A 0.01. .1 .2 .3 .4 .5 .6 .7 .8 .s 1.0 mile
Regional Open _ ace
-------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 12, 1998
Mr. Bruce Sievers
Walter and Elise Hass Foundation
One Lombard Street, Suite 305
San Francisco, CA 94111
Subject: Support for Bay Area Open Space Council Grant Request
Dear Mr. Sievers:
I am writing to express my strong support for a grant proposal from the Bay Area Open Space
Council, a regional coalition of parks and open space agencies.This grant will assist the Open Space Council
in providing a new tool for preserving park and open space lands for the benefit of millions of residents in
the nine-county Bay Area region. The success of this regional effort to fund preservation of public open
space and park lands will help determine the environmental legacy we leave for future generations.
The Open Space Council seeks a grant of$25,000 per year for three years, matched by funding from
its member agencies. These funds will assist the Council in fully developing funding sources for the newly-
created Bay Area Conservancy Program (within the State Coastal Conservancy)which itself is perhaps the
most important and viable new tool now available for protecting this region's natural resources.
Support of the on-going activities of the Council is crucial to this effort. With appropriate funding,
the Open Space Council will sponsor annual symposiums, sub-regional forums, open space and park land
tours for opinion leaders, land conservation briefing materials, and a Council land preservation web site.
Through these tools, the Council will enlighten, educate, and begin building a consensus among the decision-
makers and the public about the dire need for funding the Bay Area Program to protect our natural resources.
We are encouraged to see that there is a great deal of support at the local, regional, and State level for
funding of open space preservation programs. We have a window of opportunity to capitalize on that support
if the Open Space Council, as the regional coordinating body for such efforts, can continue its work in this
direction.
your utmost consideration to the rant request from the Bay Area Open Space Council. If
Please give o g q y p p
g Y
I may provide any information or background on the Council's activities,please do not hesitate to contact
me.
Si cere ,
L. Crai ri o
General Manager
LCB/mcs
Cc: MROSD Board of Directors
John Woodbury
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.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
1
September 18, 1998
Stanford Medical School
Susan Dale Blood Center
Mid Peninsula Regional Open Space
330 Distel Circle
Los Altos, CA 94022
Dear Susan,
Thank you for your help coordinating our first Distel Circle Blood Drive. Whatever it is
you did to encourage donor participation, it worked very well. Here are the results:
29 Presenting
i
8 Deferrals
21 Productive Units (Thank You)
Listed are several patients who are currently receiving blood and who may benefit from
this blood drive: i
Male with Throat Cancer A+
Woman with Rectal Cancer A+
2 Male Kidney Transplants A+, O+
Male Liver Transplant A+
Female Abdominal Surgery B+
Premature Female Infant Liver Failure A+
Premature Male & Female Twins O+, A+
Premature Twin Girls A+
One unit of blood can be separated into three components and can help as many as three
patients. A total of 63 patients can benefit from the Distel Circle Blood Drive. If it were
not for the generosity of organizations such as Mid Peninsula Regional Open Space and the
zheimer's Rciat�:, Stanford Blood Center could not provide the critical and on-
go ng need for blood. We are deeply grateful for your support.
I look forward to continuing the Distel Circle Blood Drive. I will call you in March to
discuss our next blood drive. Until then Susan, thank you once again for helping the
Stanford Blood Center provide this precious resource.
Sincerely,
Maureen Sullivan
Recruitment Consultant
Share a Part of your Life —Give Blood
800 Welch Road Palo Alto,California 94304 • Administrative/Business Office: 650/723-7994 Fax: 650/725-4470
FRIENDS OF MILLS CANYON
2301 VALDIVIA WAY
BURLINGAME
CALIFORNIA
94010
Board of Directors, MROSD 9-22-98
330 Distal Circle
Los Altos CA 94022
Dear Chairperson,
As an old-time member of the MROSD, it is somewhat surprising to see that any
doubt should exist about Betsy Crowder's qualifications to continue the fine work she
has contributed to the MROSD; that anyone would be foolish enough to oppose her in
an election. I know of few other San Mateo County environmental activists who have
the ability, the experience and the comittment to open space acquisition and use that
she does. Representing the Friends of Mills Canyon, a small voluntary group
attempting to improve, restore and maintain the trail system and lands in Mills Canyon,
Burlingame, we totally support Betsy and the philosophy which actuates her public life
for a continuation of her service to your group.
Betsy takes part in many County outdoor activities. She is a leader in each
group. She is outspoken in public meetings and well-respected for her position on
environmental matters. She has probably hiked all of the public trails in the county.
The MROSD should feel proud that such a person is willing and eager to help in
carrying out the group's purposes.
Sincerely,
Dr. Wm. B. Freedman,
Steering Committee Chair , FOMC
SEP 2 4
iALA REGIONAL
MEMORANDUM
Date: October 6, 1998
From: Deirdre Dolan
To: Peggy, Cram, Sue, Malcolm
Subject: Ward 6 Election Ballot
FYI--Linda Tulett from SM County Elections Office called today to advise there was an error
on the &W ballot for the Ward 6 election. It says "Vote for not more than 2" for Ward 6.
They caught this error after the sample ballots went out and are having the official ballot
reprinted to say "Vote for not more than L" They just wanted us to know in case we get any
calls from candidates or others who are confused by the sample ballot. They are also holding
absentee ballot requests until the corrected official ballot is available.
Regional Open . . ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
I
FAx TRANSMISSION
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 Distel Circle
Los Altos, CA 94022
TEL(650)691-1200
FAX(650)691-0485
October 12, 1998 Number of Pages Including This Page 1
TO: Warren Slocum, County Clerk
County of San Mateo
FROM: L. Craig Britton, General Manager
Midpeninsula Regional Open Space District
SUBJECT: Sample Ballot Error
Dear Mr. Slocum:
It has come to our attention that there is a significant error in the Sample Ballot for November 3,
1998 relative to the election of the Director of the District from Ward 6. The Sample Ballot says
"vote for no more than 2" when there is to be only one person elected from Ward 6.
In order to correct this error it is respectfully requested that you prepare and mail a"Notice of
Correction" to the Sample Ballot to all registered voters in Ward 6. Also, as already suggested by
Linda Tulett of your office, a"Correction Notice" will be made available to each voter at the
poling places in Ward 6 and the absentee ballots will not be sent out until the official ballot has
been corrected. It might also be appropriate to include a"Correction Notice"with every absentee
ballot mailed.
Thank you for your thoughtful consideration and expeditious attention to this matter.
Sincerely,
L. Craig Britton
ICI
cc: Bill Jackson, Manager of Elections Division, County of San Mateo
DIANNE FEINSTEIN COMMITTEE ON FOREIGN RELATIONS
CA_FORNIA COMMITTEE ON THE JUDICIARY
COMMITTEE ON RULES AND ADMINISTRATION
• 'United $tatez senate
WASHINGTON, DC 20510-0504
October 1 , 1998
OCT 12 1y �i
Ms. Betsy Crowder
President/Board of Director
Open Space
330 Distel CirclefL '
Los Altos, California 94022
Dear Ms . Crowder !
Thank you for contacting me concerning the Land and Water
Conservation Fund (LWCF) . I appreciate hearing from you.
Created in 1964 , the Land and Water Conservation Fund is the
main source of funds for the acquisition of land for national
parks and other outdoor recreation areas . The LWCF accumulates
revenues from offshore oil drilling leases, motor boat fuel
taxes, and some federal user fees. However , the revenues that
accumulate in the LWCF are not automatically devoted to land
acquisition, and must be must appropriated by Congress. Funds
not spent on land acquisition are returned to the general fund to
pay for other federal programs.
It is very helpful for me to know of your support for the
LWCF . Earlier this year , I joined a group of other Senators in
contacting the Appropriations Committee to express support for
increased funding for the LWCF in the Fiscal Year 1999 Interior
Appropriations bill . I have also been working to see that
California' s priority projects receive some of whatever funding
is provided.
Again, thank you for taking the time to contact me . Input
from my constituents is very important to me as I work to
represent our state and I hope you will continue to contact me on
issues of concern to you. If you have any questions or need any
assistance, please call my Washington, D.C. office at ( 202 ) 224-
3841 .
With warmest personal regards .
Sin ere y yours ,
J �
SI
331 HART SENATE OFFICE BUILDING, WASHINGTON, D.C. 20510 (202) 224-3841
Page 2
3841 .
with warmest personal regards.
Sin re y yours,
County of Santa Clara
Environmental Resources Agency
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos. California 95032-7670
(408)3 - 41 FAX 358-3245
r C
5837
Reservations(408)358-3751 TDD(408)356-7146
Mr. Craig Britton
General Manager OCT 5 �
MidPeninsula Regional Open Space District
330 Distel Circle
Mountain View, CA 94022
September 30, 1998
SUBJECT: Influencing Skills Training
Dear Mr. Britton:
I would like to express my thanks for the invitation to attend the subject training. The two and a
half days spent with Mr. O'Neal and your staff was not only enjoyable but very enlightening.
The concept of increasing level of confrontation and dealing with respect, empathy, genuineness
and specificity are excellent elements to form a foundation for cultural change. I have expressed
my support for the program to Paul Romero,the Director of the Parks Department, and we will
be reviewing the concepts with the managers who report to me.
Again, I wish to express my thanks for the opportunity to participate in the training.
Si erely,
b ��
Alan D. La Fleur, Deputy Director
cc: Paul D. Romero,Director
John Escobar
Management Team
h:wpwin61\al len\rrtidpen.trn
Board of Supervisors: Donald F. Gage, Blanca Alvarado. Pete McHugh.James T. Beall Jr..S.Joseph Simitian
County Executive: Richard wittenberg g®
Regional Open -. ice
s
M
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: J. Escobar, Assistant General Manager
DATE: October 9, 1998
SUBJECT: FYI
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.orgn
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON,Govemor
DEPARTMENT OF PARKS AND RECREATION
P.O.BOX 942896
SACRAMENTO 94296-0001
(916) 653-8893
October 1, 1998
Ms. Mary E. Burns
Director of Parks and Recreation
County of San Mateo
455 County Center, 4 th Floor
Redwood City, CA 94063-1646
Dear Ms. Burns:
Thank you for your letter supporting the Midpeninsula Regional Open
Space District's request for assistance from the Habitat Conservation Fund to
acquire an addition to the Purisima Creek Redwoods Open Space Preserve.
All proposals are carefully reviewed and evaluated before selecting
projects for funding. While there are a number of factors involved in project
selection, your comments are important and will be taken into consideration
during the decision making process.
Thank you for your interest in the Habitat Conservation Fund Program and
your support for the preservation and protection of significant open space land.
Sincerely,
Keith Steinhart
Project Officer
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 5, 1998
Ms. Jessica Winchell
Producer, Evening Magazine
KPIX, Channel 5
855 Battery Street
San Francisco, CA 94111-1597
Dear Ms. Winchell:
I recently reviewed a videotape of the September 14, 1998 edition of Evening Magazine,
specifically the "Take it Outside" segment featuring mountain bicycling at an open space
preserve on Skyline Boulevard in San Mateo County. As the General Manager of the agency
which manages this land, I am writing to inform you of a number of very serious concerns I have
with this segment, including violations of District ordinances and land use regulations that
appear to have taken place during filming. District Ordinances are adopted pursuant to Sections
5541, 5558, and 5559 of the Public Resources Code of the State of California and are
enforceable by District rangers.
The area featured, El Corte de Madera Creek Open Space Preserve, is owned and
managed by the Midpeninsula Regional Open Space District, a local government agency. Even
though this is publicly-owned land, there are certain restrictions and regulations in effect. District
Ordinance 93-1, Section 603.1 states, "No person shall operate a still, motion picture, video, or
other camera for commercial purposes on District lands except pursuant to a permit authorizing
such activity." Evening Magazine did not obtain such a permit, and in fact failed to even contact
the District regarding this segment.
The story recommends that mountain bicyclists look for the signs to reach the sandstone
caves. The trail leading to these very delicate and environmentally-sensitive formations is very
clearly marked as hiking only - no bikes allowed. Yet, the host of the segment apparently chose
to ignore these signs and proceed, in violation
g g p of Section 502.1 of the District Ordinance, which
states, "No person shall possess or operate a bicycle or similar device on District lands in areas
designated or signed to restrict such activity. Bicycles must stay on designated trails and
roadways."
Further,the host then proceeds to climb onto the sandstone formations, and even pull his
bicycle up onto the formations, despite the clearly posted signage which prohibits climbing on
the rocks (closed area). Aside from the egregious damage that this activity can do to the delicate
sandstone formations, he was in violation of Section 805.1 of the District Ordinance, "No person
shall, without a written permit issued by the District, enter or remain in an area of District lands
or facilities declared closed, prohibited, or limited by the general manager or an authorized
agent."
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.Smernoff,Nonette Nanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton
October 5 1998
Ms. Jessica Winchell
Page -2-
Failure to adhere to the regulations posted on the site is a violation of Section 200.2,
"Any person entering District lands shall abide by the rules and regulations of the District, the
regulations or provisions of any sign or posted notice..."
I find it incomprehensible and disturbing that the staff of a professional television
production would fail to properly research, check factual information, and seek to obtain the
appropriate permission and consent related to a segment. It is also very troubling that the host is,
either by his ignorance or his choice, condoning and encouraging illegal activity on public lands.
The open space resources and environmental values of this particular area were once devastated
by off-road vehicle use. The District has, for several years,been patiently trying to restore this
preserve to its natural condition and to protect it from further damage. Your segment has done
this effort a great disservice, by encouraging both bike riding on closed trails, and climbing on
(and dragging a bicycle onto!) very delicate sandstone formations, despite signs clearly
indicating that both these activities are prohibited.
To his benefit, the host did tell the audience to be sure to wear a helmet while riding.
Unfortunately,the show included shots of people riding without helmets, which are required of
bicyclists on all District lands (Section 502.3, "No person shall operate a bicycle or similar
device on District lands without wearing an A.N.S.I. or Snell-approved bicycle helmet for head
protection").
In most circumstances, the District is happy to cooperate with the media desiring to
highlight these beautiful open space lands. We only ask that you contact us in advance so that we
can educate you as to the appropriate uses of District lands, and help you to present an accurate
picture of the available activities.
SincereI ,
L. Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
MROSD Legal Counsel
Mr. Jerry Eaton, General Manager, KPIX
�y
f
challenge of TEA-2
Bike advocates celebrate
... With the passage of TEA-21 and its un- rived on Capitol Hill,DuPriest said.
Activists will need funds for travel to state precedented funding for bicycling,it was time The highlight of the night was an awards
capitols,for mass mailings,for paid political to celebrate. IMBA board member Linda ceremony. DuPriest and John Burke,presi-
advertising,and yes,even salaries.We rely on DuPriest and Minnesota rep Gary Sjoquist dent of Trek Corporation,handed out placques
volunteers as primary fuel;but there is no joined key players in the bicycle industry and in the form of bicycle cranks and chainrings
substitute for staff. IMBA clubs with paid nine members of Congress on June 24 to mounted to slabs of granite.
staff can be counted on one hand.As we ad- party it up in Washington,DC. It was back to work for DuPriest on Thurs-
vance,we should find ways to raise funds nec- "I'm really happy! TEA-21 means an in- day.A summit meeting was convened to de-
essary for this vital component of advocacy. crease of 75% in funding for trails" said velop a strategy for bicycling advocacy to
The bicycle industry adequately financed DuPriest,a member of the Bikes Belong steer- implement TEA-21. Priorities will be to
the national Bikes Belong! campaign. That ing committee that led the effort to produce strengthen bike advocacy groups and create
should be viewed not as a one time shot,but a bike-friendly transportation act."All in all and approve state and local programs. The
as the beginning of the kind of political ac- TEA-21 was a huge success" strategy will be presented at the upcoming
tion common in most industries. Working The attendance at the party of members Interbike in Las Vegas in September.
together,cycling activists and industry can as- of Congress, including both Senate and _. —Josh uaParris
sume our rightful place on local and state House Transportation Committees
political stages. chairs, shows that bikes have ar- Bi*yn f Mond
Preserving ISTEA for FAmily-Friendly Communities
Washington state adopting closed-unless-open bike policy
BY JENNIFER LAMB viduals submitted written comments and at- and concerned us. In a phone call to the
The Washington State Parks and Recre- tended public meetings to present a unified Commission,a staff member tried to reassure
ation Commission is in the process of finaliz- voice for cyclists. us,predicting that,because of the require-
ing a comprehensive-set of policies and - Despite significant dissent from the cy-- -ments-dittated by policy,point-five;xaccess-to-
changes to the Administrative Code which cling public and others,in May the Commis- parklands will be"business as usual"while
will likely have a negative effect on off-road lion directed its staff to formulate a new each park is evaluated individually and each
cycling opportunities. policy based upon the following points: park manager performs a trail by trail analysis.
Washington's"open unless posted closed" 1.Change the default for bicycles to pro- IMBA has since learned that there are park
trail policy for bikes has served for many years hibited unless authorized, managers,many of whom support cycling,
as a model for other states because it ac- 2. Emphasize the primacy of pedestrian who were not aware of either the planning
knowledges the legitimacy of responsible off- use overall in the state parks trails system, process or the Commission's recent directive
road bicycling. It seems that the State is no 3.Affirm an obligation to provide trail op- —another startling discovery. IMBA's and
longer comfortable with this approach. In portunities for all users,including bicyclists clubs'efforts to contact and assist these man-
March,the Commission issued a draft pro- and equestrians in large parks, agers could help ensure that we are a part of
posal to modify the non-motorized trail 4.Work toward identifying opportunities the park-by-park evaluation process.
policy and invited public comment. for bicyclists and equestrians in small- and If the state sticks to its park review require-
The original proposal outlined some en- medium-sized parks, ment,our opportunities may not change sub-
couraging goals and objectives,including ex- 5. Provide for a reasonable transition to stantially in the near term because the review
panding and enhancing opportunities for bi- the above approach that assures that there process is time consuming and posting new
cycles, building trail partnerships and will be no changes in existing use patterns signs and increasing enforcement are expen-
constructing and maintaining quality trails. due to the above policy direction until: sive modifications for a park budget.On the
At the same time,however,the proposal was a. The public has had an opportunity to other hand, if the review process is side-
inherently contradictory,suggesting a shift to participate in and review a comprehensive set stepped in any way and trails are closed with-
a new policy under which"both equestrian of implementing policies and rules, out the promised evaluation,then we could
and bicycle use will be prohibited unless spe- b. The Commission has reviewed and lose a great deal for the very same reasons.
cificallyauthorized."Numerous cyclists in the adopted any such rules,and Thanks go to BBTC, Single Track Mind
state mobilized and clearly articulated their c.A determination is made through local and the many individuals from Spokane to
concerns. IMBA clubs Backcountry Bicycle park administrators,with public input,that Orcas Island who called,wrote,and attended
Trails Club(BBTC,Seattle)and Single Track specific changes are reasonably required to meetings. Despite such bumps in the road,
Mind Cycling Club (Tacoma),as well as in- serve a park purpose. your continued efforts are critical and very
dustry representatives and concerned indi- Policy point number two certainly startled much appreciated.
IMBA Trail News •,►uly-August, 1998
3
R. Anderson has a copy of the draft proposal.
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 2, 1998
President Bill Clinton
The White House
Washington, DC 20500
Subject: Mandatory Social Security Proposal
Dear President Clinton:
On behalf of the Midpeninsula Regional Open Space District, a California special district, I am writing to
express our grave concerns with a current proposal to make participation in the social security program mandatory
for cities,counties, and special districts. This is particularly urgent for those agencies, such as the District,that
already have a comprehensive pension plan which fully suits our needs.
As a small, independent single-purpose special district, our agency will face dire economic consequences if
required to participate in social security. Already on a tight budget,the District simply cannot afford the nearly
$700,000 ten-year cost that would be incurred, and still carry out the mandate of the voters that formed the District.
Requiring social security participation for new employees,while still administering our existing pension plan for
current employees, would create a "two-tier" system that would cost new staff more of their paycheck than existing
staff.
Beyond the very real negative financial impact on the District, mandatory social security participation would
have devastating short-and long-term effects on cities, counties, and special districts. The added costs to these
agencies are likely to result in layoffs and reduced services to the public. Higher expenses for social security would
force reallocation of funds away from critical public services, such as emergency medical response, sewer, water,
streets, libraries, open space, parks and recreation,and other services. Community college districts would be forced
to continue to defer needed facilities maintenance, and perhaps eliminate programs. In some extreme but very real
situations, districts may be forced to go bankrupt. Some employers, including our District, may ultimately be
compelled to close out existing pension plans resulting in negative effects on the financial stability of the existing
plans.
The District chose to participate in the type of pension plan that best suits the needs of its employees and
makes the most fiscal sense.To force participation in social security just doesn't make sense, and I strongly urge you
to investigate other alternatives, including using the current Federal surplus to bolster the social security system.
Thank you for your consideration.
Sincerely,
Betsy Crowder
President, Board of Directors
BC/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,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
October 2, 1998
Honorable Tom Campbell This letter was also sent to:
Member,United States House of Representatives Honorable Anna Eshoo
910 Campesi Way,#I C Honorable Dianne Feinstein
Campbell, CA 95008 Honorable Barbara Boxer
Subject: Mandatory Social Security Proposal
Dear Representative Campbell:
On behalf of the Midpeninsula Regional Open Space District,a California special district, I am writing to
urge you to oppose any proposal that will make participation in the social security program mandatory for cities,
counties, and special districts. This is particularly urgent for those agencies, such as the District,that already have a
comprehensive pension plan which fully suits our needs.
As a small, independent single-purpose special district, our agency will face dire economic consequences if
required to participate in social security. Already on a tight budget,the District simply cannot afford the nearly
$700,000 ten-year cost that would be incurred, and still carry out the mandate of the voters that formed the District.
Requiring social security participation for new employees, while still administering our existing pension plan for
current employees,would create a "two-tier" system that would cost new staff more of their paycheck than existing
staff.
Beyond the very real negative financial impact on the District,mandatory social security participation would
have devastating short-and long-term effects on cities, counties,and special districts. The added costs to these
agencies are likely to result in layoffs and reduced services to the public. Higher expenses for social security would
force reallocation of funds away from critical public services, such as emergency medical response, sewer,water,
streets, libraries, open space, parks and recreation, and other services. Community college districts would be forced
to continue to defer needed facilities maintenance, and perhaps eliminate programs. In some extreme but very real
situations, districts may be forced to go bankrupt. Some employers, including our District, may ultimately be
compelled to close out existing pension plans resulting in negative effects on the financial stability of the existing
plans.
The District chose to participate in the type of pension plan that best suits the needs of its employees and
makes the most fiscal sense. To force participation in social security just doesn't make sense, and I strongly urge you
to oppose any such proposal that comes before you. Instead, other alternatives, including using the current Federal
surplus to bolster the social security system, should be investigated. Thank you for your consideration.
Sincerely,
Betsy Crowder
President,Board of Directors
BC/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,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz -General Manager:L.Craig Britton
INTER-OFFICE MEMORANDUM
September 24, 1998
TO: C. Britton, General Manger
FROM: G. Baillie, Operations Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month August Year 1998
VIOLATIONS TOTALS CITES CRIMES
Bicycles False information 1 0
Closed area 8 —4 Cultivation of marijuana 2 0
Speed 17 8 Poaching 1 0
Helmet 12 8
Night-riding 4 0 ACCIDENTS/INCIDENTS
Unsafe operation - 0 0 Bicycle 4
Dogs Equestrian 1
Prohibited area - 2 1 Hiking/running 2
Off-leash 5 —2 Other first-aid 2
Off-road vehicles 3 0 Search/rescue 1
Closed area 1 0 Air evacuation 1
After hours 28 20 Vehicle 1
Fishing 0 0
Vandalism 4 0 ENFORCEMENT
Parking 9 5 Citations 57
Parking after hours 39 10 Written warnings 65
Dumping/littering 1 0 Arrests 0
Campfires 0 0 Police assistance 4
Camping 0 0
Weapons MUTUAL AID
Actual contact 0 0 Accidents 6
Report only 1 0 Law Enforcement 1
Evidence of 3 0 Landing Zone 1
Damage to vegetation 1 0
Vehicle speed 1 0
SUMMARIES OF SIGNIFICANT INCIDENTS
Aug. 6: A motorist reported to rangers that another motorist brandished a handgun on Page Mill Rd.
in front of Los Trancos OSP. This may have been a 'road rage' incident as the reporting
party said he had been following the other motorist closely. P. Congdon.
Aug. 8: At Russian Ridge OSP two shots were heard from a high-powered rifle. A vehicle
belonging to a person known to hunt in the area was found parked on the True access road.
P. Congdon.
Aug. 9: A three-year-old child received an abrasion and contusion at Rancho after being pushed
down by a runner. Stanford University Sports Camp had three busloads of runners using
the preserve without a permit. First aid was administered to the child and Stanford
University was contacted regarding the incident.
Aug. 11: J. Kowaleski requested fire response for a 5-gallon container with an unknown substance at
Ravenswood OSP. The material was identified by a Haz Mat team from Menlo Fire as a
mixture of oil, gas, and lacquer thinner and disposal was arranged at Romic.
Aug. 12: At Thornewood OSP heavy equipment being used by a District contractor was vandalized.
Dirt and rocks were placed in the fuel and hydraulic tanks. Instrument panels and mirrors
were broken. W. Phillips.
Aug. 12: A citizen reported a possible stolen vehicle in Sierra Azul. T. Randall and K. Carlson
responded and determined the unoccupied vehicle was stolen. A CHP officer was
requested. The officer got lost and T. Randall was requested to meet him at another
location. The officer never arrived and T. Randall left.
Aug. 16: At El Corte de Madera B. Malone discovered illegally posted signs instructing cyclists to
keep unauthorized trails a secret. The signs suggested carrying bikes upon entering and
exiting unauthorized trails and covering the entrances with brush. The sign title is "El
Corte de Madera Secret Trail Network (a bulldozer-free zone)."
Aug. 16: P. Hearin was called out to respond to after hours violations. Two vehicles parked near the
Hayfields were cited. Four visitors were observed running away when contact was
attempted at Hunters Point. Five visitors were contacted back at the vehicles. Two
citations and three Juvenile Contact Reports (JCRs) were issued.
Aug. 18: An employee of a neighboring residence at lower Windy Hill OSP reported picking up mail
from the mailbox and driving to her office. While sorting the mail she discovered a bag of
dog feces. A complaint was filed with Portola Valley and the District. The employer
believes it was an act of poor judgement by a preserve visitor.
Aug. 24: A joint law enforcement task force conducted a marijuana eradication effort in Sierra Azul.
Approximately 25 officers, assisted by a helicopter, removed approximately 1,540
marijuana plants from an area off Mt. Umunhum Road. Street value was estimated at $12
million. Four marijuana plants were removed from POST property, managed by the
District, off Reynolds Road. A starter nursery was found in another location on the POST
property. P. Hearin and T. Lausten assisted in the operation.
Aug. 27: A missing person, last seen in Rancho, was reported to Los Altos Police. The person was
reported to be on medication for a psychological condition and had been involved in a
family dispute the previous day. The person was located at the farm and taken home to her
parents by Los Altos police.
Aug. 29: At Skyline Ridge OSP evidence of illegal deer hunting was found. Blood and drag marks
led from the preserve to the highway near the parking lot. A similar incident occurred
approximately one year earlier. B. Malone.
0 e
�DDNDED 1666
RUBEN BARRALES
SUPERVISOR
COUNTY OF SAN MATEO
September 22, 1998
Mr. Keith Steinhart
Project Officer, Local Services Section
Dept. of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
Re: Midpeninsula regional Open Space District Grant Application —Addition to
Lobitos Creek Headwaters Project
Dear Mr. Steinhart:
I would like to express my strong support for the Midpeninsula Open Space District's
Habitat Conservation Fund application for a$325,000 matching grant to acquire an
addition to the Lobitos Creek Headwaters Project.
This grant will help the District acquire a 53-acre property as an addition to its Purisima
Creek Redwoods Open Space Preserve in San Mateo County. In 1997, the District
acquired the surrounding 481-acre Peninsula Open Space Trust property with a grant
from the Habitat Conservation Fund. That property became part of the Purisima Creek
Redwoods Open Space Preserve and is now open to the public.
This 53-acre property, which could be developed with two home sites and is subject to
future logging activity, will not only expand public recreational opportunities at this
preserve but will also permanently protect certain unique wildlife habitats. The grant
application (in the Anadromous salmonids and trout category) is based primarily on the
importance of this property in protecting upper Lobitos Creek as spawning area and
habitat for the Federally-threatened steelhead trout. In addition, this acquisition will
protect the habitats of the endangered red-legged frog and several species of special
concern, including Copper's hawk, long-eared owl, golden eagle, osprey, and Western
pond turtle. The property and surrounding area is rich in wildlife, contains open
grassland with panoramic views to the ocean, moss-draped Douglas fir, and rugged ridges
and redwood-filled canyons. District acquisition will permanently preserve these features
for future generations.
CEP 3
Hall of Justice& Records Telephone: (650)363-4570
401 Marshall Street Fax: (650)599-1027
Redwood City,CA 94063 E-mail: ruben@smtpgate.co.sanmateo.ca.us
E
September 22, 1998
Mr. Keith Steinhart
Page Two of Two
This project will add an immediate and significant enhancement to both resource and
recreational values. I urge you to ensure that the Midpeninsula Regional Open Space
District receives funding for this addition to the Lobitos Creek Headwaters Projects.
erely,
Ruben Barrales, Supervisor
4ch District
cc: Midpeninsula Regional Open Space District
Sempervirens Fund EStatillShed 1900
Drawer BE, Los Altos, CA 94023-4054
100A 650/968-4509 Fax 650/968-0713
www.sempervirens.org
For the preservation of redwood lands
Board of Directors September 22, 1998
John D Luckhardt
President
Michael S.Barton Mr. Keith Steinhart
Vice President Project Officer,Local Services Section
Betsy B.Ross
Secretary Dept. of Parks and Recreation
Geza L.Gyorey P.O. Box 942896
Treasurer
Robert Bryan Sacramento, CA 94296-0001
Mary C Davey
William N.Harris
Gil V Hernandez Re: Midpeninsula Regional Open Space District Grant Application-Addition to Lobitos Creek
ClaudeA Tony Look Headwaters Project
Don Sherer
Ellen C Weaver
Richard P Wheat,M.D. Dear Mr. Stelnhart:
Stephen N.Wyckoff
George Collins
Honorary Vice Presidenr I would like to express my strong support for the Midpeninsula Regional Open Space District's Habitat
Howard J.King
Honorary Vice President Conservation Fund application for a$325,000 matching grant to acquire an addition to the Lobitos Creek
Thomas K McCarthy Headwaters Project.
Honorary Vice President
Sponsors
Sraniev M Barnes This grant will help the District acquire a 53-acre property as an addition to its Purissima Creek Redwoods
Allan r Brown Open Space Preserve in San Mateo County. In 1997,the District acquired the surrounding 481-acre
Robert`✓ Brown Peninsula Open Space Trust roe with a rant from the Habitat Conservation Fund. That property
Mrs ::�bert Busher P P property rtY g P P m'
Frederica Clark became part of the Purissima Creek Redwoods Open Space Preserve,and is now open to the public.
James R.Compton
Mabel Crittenden
Mrs %lorns M Doyle This 53-acre property,which could be developed with two home sites and is subject to future logging
<obe t F"nr.Jr activity,will not only expand public recreational opportunities at this preserve but will also permanently
Rcberr H Geisler
Eowarc G;nzton protect certain unique wildlife habitats. The grant application(in the Anadromous salmonids and trout
Michael D Green category) is based primarily on the importance of this roe m protecting upper Lobitos Creek as
William R.Hewlett g rY) � P Y P property rtY P g PP
Leo Hoefer spawning area and habitat for the Federally-threatened steelhead trout. In addition,this acquisition will
Penny Gerbocie Jay protect the habitats of the endangered red-le ed fro and several species of special concern, including
Donald Kennedy Pred-legged g P P g
Robert C.Kirkwood Cooper's hawk, long-eared owl,golden eagle,osprey and Western pond turtle. The property and
BettyMelvin
BJones Kroeber surroundingarea is rich in wildlife,contains open grassland with panoramic views to the ocean moss-
Mrs Horace Laughlin draped Douglas fir,and rugged ridges and redwood-filled canyons. District acquisition will permanently
Putnam Livermore Paul LOCatelli.S.J. preserve these features for future generations.
Mrs.L S.Mark
Robert'Neill P
re
Brian O'Neill This project will add an immediate and significant enhancement to both resource and recreational values. I
Margaret Owings urge you to ensure that the Midpeninsula Regional Open Space District receives funding for this addition
Billy Prior
to the Lobitos Creek Headwaters Project.
Robert
CC.Rempel.
Ktrk Smith
Mrs Jean S.Steinhardt John W Stypula Sincerely yours,
Denzil Verardo
Jennie Verardo
Keith A M.Walker
Charles A Walton
Advisors
Kindel T Blau ?President,
D.Luckhardt _
Dons Leonard Sem ervirens Fund Board of DirectorsAlexander LowryP
Betsy Blass Shotwell Michael E Soul2
Stephen M Stevi ck V//c c: Midpeninsula Regional Open Space District S E P 2 3 !.fo,9
ri
Executive Director �.. L.H F?t(
y;"U l0i
Verlyn H Clausen tii�L
[Tinted on Recycled Paper
SACRAMENTO ADDRESS COMMITTEES.
STATE CAPITOL ��� � HIGHER EDUCATION,Chair
P.O.BOX 942849 BANKING AND FINANCE
�SACRAMENTO,CA 94249-0001 /�' EDUCATION
632 �J� �t r t �� �s� ix >� TRANSPORTATION
FAX:X:(916)916)32 324-6974 �+' Chair,SELECT COMMITTEE ON
ted.lempert@assemby.ca.gov COASTAL PROTECTION
DISTRICT OFFICE TED LEMPERT Chair,SELECT COMMITTEE ON
4149-B EL CAMINO9430 JOINT COMMITTEE ON
TECHNOLOGY
WAY ASSEMBLYMAN,TWENTY-FIRST DISTRICT
PALO ALTO,CA 94306 4010 REPRESENTING PORTIONS OF SAN MATEO AND SANTA CLARA COUNTIES HEADWATERS FOREST AND
(650)0)8.6-2 www.assembly.ca.gov/lempert ECOSYSTEM MANAGEMENT
FAX:(650)856-2187 g PLANNING
September 23, 1998 LEGISLATIVE
CO MITTEETMICS
Keith Steinhart
Project Officer, Local Services Station
Department of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-001
Dear Mr. Steinhart:
I am writing to express my strong support for the Midpeninsula Open Space District's(District) Habitat
Conservation Fund application for a$325,000 matching grant to acquire a 53-acre addition to the Lobitos
Creek Headwaters Project.
This property would serve as a significant addition to the District's Purisima Creek Redwoods Opens
Space Preserve in San Mateo County. The District acquired the surrounding 481-acre Peninsula Open
Space Trust property in 1997 with a grant from the Habitat Conservation Fund. That property became
part of the Purisima Creek Redwoods Open Space Preserve, and is now open to the public.
The proposed 53-acre addition is currently threatened by development and future logging activity.
Acquisition will not only expand recreational opportunities, it will permanently protect a variety of
unique wildlife habitats. For example, it will help protect upper Lobitos Creek as important spawning
habitat for the federally threatened steelhead trout. Acquisition would also protect critical habitat for the
endangered red-legged frog and a number of species of special concern, including Cooper's hawk, long-
eared owl, golden eagle, osprey, and Western pond turtle.
Because the property and surrounding area are so rich in wildlife, with open grassland providing
panoramic views to the ocean, moss-draped Douglas fir, rugged ridges and redwood-filled canyons,this
project will result in an immediate and significant enhancement to both resource and recreational values.
Most significant, with your support of the project through a$325,000 matching grant to the District,the
purchase of this incredible property will permanently preserve these unique features for future
generations to y. I respectfully urge you to help fund this critical addition to the Lobitos Creek
waters ject.
/Head
ERT
Assemblyman, 21 st District
TL: Isb 5 E P 4
P1
Printed on Recycled Paper
MEMORANDUM
To: J. Escobar, Operations Manager
From: J. Isaacs, Resource Management Specialist` '
Date: October 2, 1998
Subject: Summary of Meeting on Feral Pigs in the Santa Cruz Mountains
On September 24, the Santa Cruz Mountains Bioregional Council (SCMBC) sponsored a
special meeting of agency representatives and private land owners concerned about feral
pig management in the Santa Cruz Mountains. The Midpeninsula Regional Open Space
District (MROSD) hosted this event. SCMBC representatives Diane Renshaw, Jodi
Isaacs, and Mike Vasey organized the event and the meeting was facilitated by Vasey.
Attendees included three representatives from California Fish and Game, one from San
Francisco Water District, one from State Parks, two from MROSD, one from Santa Clara
County Parks, one from Santa Clara Valley Water District, one from Jasper Ridge
Preserve, and three property owners in the Skyline Ridge and Castle Rock State Park
area.
Feral pig populations are relatively common and widespread in the southern Santa Cruz
Mountains. High concentrations occur in the Almaden-Quicksilver region and other parts
of eastern Sierra Azul down to Mt. Madonna. Feral pigs are also common in Nisene
Marks State Park and are found in Wilder Ranch State Park and Big Basin State Park.
Expansion of feral pigs into Castle Rock State Park has occurred within the past two years
and they are now found as far north as Long Ridge Open Space Preserve. Remarkably, the
northern Santa Cruz Mountains have no history of feral pig populations and this exotic
species has not yet invaded this subregion. Given that feral pigs are known in west Marin,
Sonoma, Napa, Contra Costa, Alemeda, Santa Clara, and Santa Cruz counties, makes the
northern Santa Cruz Mountains one of the last large landscapes in the Bay Region to have
not been affected by feral pig disturbance.
There was general consensus that feral pigs pose several problems for land managing
agencies and private property owners. The water district managers are particularly
concerned about erosion and sedimentation due to pig grubbing activities that may affect
water quality and watershed integrity. However, it was also acknowledged that other
influences - and particularly dirt roads - may have more sedimentation impact than pig
activities. Tim Koopman of SF Water District cited recent evidence that feral pigs have an
8 to 10 percent incidence of Cryptosporidium in their feces, thus making them a pathogen
loader in watersheds. He also noted , however, that ground squirrels have a 60% incidence
of Cryptosporidium and coyotes are carrier/spreaders as well because they eat the rodents.
Hence, feral pigs are certainly not the worst of this problem either. Land managers
concerned with protecting native plant biodiversity and habitat integrity expressed
concerns about impacts on sensitive species; again, however, the short term studies that
have been done so far are equivocal regarding feral pig impacts on native ecosystems.
Some studies actually suggest that pig disturbance may promote native species
regeneration in grasslands and oak woodland. Public safety in camping areas is another
concern, however once again, this generally is more a problem of inappropriate human
behavior than feral pig aggressivness. Dr. Nona Chiarello from Jasper Ridge Preserve
summed up the general feeling of the group as"while feral pigs are easy to hate, they
don't seem to be anybody's biggest problem".
This ambivalence regarding what priority to place on pig control activities translates into a
major management challenge. Pig control activities (trapping, hunting, and fencing) are
very expensive and the effectiveness of pig control or containment is questionable. Martha
Schass, a Fish and,Game biologist specializing in feral pig management over several years,
contends that feral pig"eradication" is virtually impossible because of their mobility and
rapid reproductive rate. For these reasons, few control activities have occurred in the
Santa Cruz Mountains and none are currently underway. Due to this state of uncertainty,
the consensus of the group is that they are not interested in coordinating a major control
effort in the lower Santa Cruz Mountains at this juncture.
On the other hand, our group did reach consensus on some potentially important future
actions. The first is that there is an interest coordinating with MROSD and local private
property owners to make on effort to prevent feral pig expansion into the northern Santa
Cruz Mountains. Clearly, the best policy for feral pig management is to prevent them from
establishing in the first place. Given that public and private lands north of Long Ridge
would benefit from this containment action, there is interest in jointly supporting MROSD
to take the lead in this effort. However, it is understood that successful containment would
be difficult to achieve. Secondly, given the lack of good long term research on feral pig
impacts, particularly in sensitive habitats such as springs and riparian areas, the group
supports an effort to develop a research proposal for the area that would compare pig
disturbed areas with non-pig disturbed areas. Martha Schass mentioned that Rick
Schweitzer, formerly of UC Davis and now at University of North Dakota, has proposed a
careful research program for the central California coast. She will contact him and advise
him regarding our interest in having such a program established in the Santa Cruz
Mountains. Given the"pig free" northern Santa Cruz Mountains which could serve as a
control, he may be very interested. We will also check with recent activity by Sonoma
State which is researching feral pigs in oak woodlands. Finally an effort, hopefully led by
MROSD, will be made to pull together a major bibliography and summary of the state of
what's known about this issue so that this can help to focus future research and
management activities.
In summary, the SCMBC will continue to work with this group to help define a long term
research and monitoring proposal and to develop a multi-agency and private landowner
containment strategy to prevent feral pigs from entering the northern Santa Cruz
Mountains.