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HomeMy Public PortalAbout19981209 - Agendas Packet - Board of Directors (BOD) - 98-29 r � MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT Meeting 98-29 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California December 9, 1998 ***PLEASE NOTE*** 7:30 P.M. Meeting Start Time (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Legislative Briefing by Ralph Heim -- C. Britton (8:15) 2. Proposed Addition of Marini Et Al. Property to Kennedy Limekiln Area of Sierra Azul Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Property as an Addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve, andIndicate the Intention to Dedicate the Property as Public Open Space at This Time -- M. Williams Resolution Authorizing Acceptance of the 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 Marini Et Al.) (8:25) 3. Proposed Gift of the Butler Property as an Addition to El Corte de Madera Creek Open Space Preserve; Determination that the Recommended Actions are 330 Distel Circle . l os Altos, CA 94022-1404 . Phone: 050 091-1 200 _ FAX:650-691 0485 . E-mail mrosd((1)openspac e:.org . Web site:www.openspa(r'.or�; &oarcf of Dirac too, Pete Diemen,,iNlary C. Davev, led(yr, Deane Little, "'onote I Ianko, Bettiv Crrrwder,Kenneth C.Nit/ . (wnerr,d Nlmm,gof:t_(law Itritton Meeting 98-29 Page 2 Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Property as an Addition to El Corte de Madera Creek Open Space Preserve; and Indicate the Intention to Dedicate the property from Dedication as Public Open Space at This Time-- M. Williams Resolution Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance With Respect Thereto (El Corte De Madera Creek Open space preserve - Lands of Butler) (8:35) 4. Authorization for the General Manager to Execute the Permit to Enter Allowing Robert J. Slobe and Four Contractors to Access Windy Hill Open Space Preserve for the Purpose of Transporting Equipment to the Adjacent Property to be used to Conduct Geological Tests, Percolation Tests, and Drill a Well; and Allowing Geological Tests to be Conducted on the Preserve for the Purposes of Formalizing an Access Road Easement to the Adjacent Property -- M. de Beauvieres 5. Authorization for the President of the Board, or Other Appropriate Officer, to Execute the Notice of Contract Completion and Acceptance of Work for the Installation of a Concrete Slab Floor for the Equipment Storage Area of the Skyline Field Office -- J. Cahill 6. Resolution Supporting a Request by Picchetti Winery Leaseholder Leslie Pantling to the Santa Clara County Historical Heritage Commission for a Grant in the Amount of$92,950 for the Engineering, Seismic, and Usage Upgrade Project for the Picchetti Winery Building at the Picchetti Ranch Area of the Monte Bello Open Space Preserve -- M. Smith 7. Authorization for the General Manager to Execute a Purchase Contract with Gilroy Motorcycle Center for Two All-Terrain Vehicles at a Total Cost of $12,524.76 -- J. Escobar 8. Authorization for the General Manager to Execute an Amendment to the Contract with the California Conservation Corps in an Amount Not to Exceed $4,000 to Complete Restoration Services at Pulgas Ridge Open Space Preserve and Determination that the Proposed Project is Categorically Exempt from the California Environmental Quality Act -- J. Isaacs (8:45 ) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) ADJOURNMENT *N07F. 77mes are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. Meeting 98-29 Page 3 ** 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. Regional Open .,. ace -------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING LEGISLATIVE, FINANCE, AND PUBLIC AFFAIRS COMMITTEE AGENDA I 5:00 P.M. Nonette Hanko Wednesday Mary Davey December 9, 1998 Pete Siemens 330 Distel Circle, Los Altos (5:00) ROLL CALL ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA COMMITTEE BUSINESS (5:05) 1. Update on the 1997-1998 State Legislative Session Ralph Heim, Legislative Advocate (The committee will recess and reconvene at Prima Strada 127 restaurant, 127 First Street, in Los Altos for dinner during Mr. Heim's update. Members of the public wishing to attend this portion of the meeting should provide their own transportation and will be responsible for the cost of their meal.) (7:00) ADJOURNMENT FAX:f,5030 Distel Circle Los Altos, CA 94022-1404 � Phone_ 650 691-1>00 1-0485 * E-mail: mrosd1ooPenspace.org Web site:www.openspace.or�,, Boarrl of Direr tors Pete S,wnwns,Mary C. Davey,led Cyr,Deane Little, Nonette Nanko,Betsy Crowder, Kenneth C_Nitz . General Ni rnap;er:L.Craig Britton Regional Open ', ace 1 �MIDPE�NINSU�LAREGIONAL OPEN SPACE DISTRICT R-98-155 Meeting 98-29 December 9, 1998 AGENDA ITEM 1 AGENDA ITEM Legislative Briefing by Ralph Heim GENERAL MANAGER'S RECOMMENDATION No action is requested. DISCUSSION Ralph Heim of Heim, Noack, Kelly and Spahnn, the District's legislative advocate in Sacramento, will attend your December 9 meeting. He will be discussing the outcome of November's election and the upcoming legislative session. Prepared by: L. Craig Britton, General Manager 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 Budrd 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 R-98-156 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-29 December 9, 1998 AGENDA ITEM 2 AGENDA ITEM Proposed Addition of Marini Et Al. Property to Kennedy Limekiln Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Marini property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space at this time. DESCRIPTION (see attached Location Ma) The 14-acre Marini property is located near Lexington Reservoir south of Los Gatos. The steep and rugged property is surrounded by Lexington Reservoir County Park and the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Priest Rock Trail bisects the property and has had public trail use for many years. The trail offers scenic views of Limekiln Canyon and St. Joseph's Hill Open Space Preserve and is the planned route for continuation of the Bay Area Ridge Trail. The acquisition is critically important in terms of protecting the integrity of the surrounding park and open space land, as well as securing public ownership of a major regional trail route. The property is bounded by Lexington Reservoir County Park to the west, and Sierra Azul Open Space Preserve on the remaining sides. A preserve gate and stile is located on Priest Rock Trail at the southern boundary. The property is comprised of steep north-facing slopes that form a continuous ridge extending from Lexington Reservoir to El Sombroso. The landscape is largely comprised of chaparral and scrub oak with riparian vegetation in the narrow ravines. Improvements to the property are limited to a high voltage transmission line and service road. The transmission line is part of a major line that passes through Almaden Quicksilver County Park, Sierra Azul, and El Sereno Open Space Preserves. Priest Rock Trail also serves as the service road for the Pacific Gas and Electric Company easement. One of the utility towers is adjacent to the trail and located on a promontory overlooking Limekiln Canyon. The trail 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 Dire(lors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General M,imigev:L.(raig Britton R-98-156 Page 2 originates at Alma Bridge Road, climbs steeply through the property in the east-west direction and connects to El Sombroso. It serves as a popular hiking, equestrian, and bicycling trail. USE AND MANAGEMENT PLAN Planning Considerations The property is located within the unincorporated area of County of Santa Clara and zoned HS (Hillside) which limits development to one dwelling unit per 160 acres based upon a slope density formula. The property is one legal parcel and has a potential density of one dwelling unit. Access to the property for the purposes of development would be difficult because the property is surrounded by park and open space land and there are no recorded easements; however, the existing road has existed for many years and would most likely be the access for any proposed residential use of the property. The property is rated in the District's Open Space Master Plan as having a high composite open space value and is important in terms of potential outdoor recreation, wildlife habitat, and scenic qualities. The Bay Area Ridge Trail is planned to follow the Priest Rock Trail and Wood Road corridors between Lexington Reservoir and Almaden Quicksilver County Park. Dedication of the trail by the Bay Area Ridge Trail Council will occur when the entire trail is under pubic ownership. This acquisition is one of the last two remaining private inholdings between Lexington Reservoir and El Sombroso. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. Future proposed changes to land use will be subject to further environmental review and public input. Site Safety Inspection: Preliminary inspection is complete and no hazards were found; comprehensive inspection to be complete before the close of escrow. Public Access: Open for public use immediately upon the close of escrow. Trail Designation: Designate Priest Rock Trail for multi-use by hikers, bicyclists, and equestrians. Barriers: Remove ate and stile at southern boundarywhen lower ate at Alma Bridge Road is g g g improved. Signs: Install preserve boundary signs where appropriate. Clean-up: Remove exposed culverts located on edge of trail. i R-98-156 Page 3 Name: Name the property as an addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Dedication: Indicate your intention to dedicate the property as public open space at this time; this will be considered after the close of escrow during the 1999 annual review of the dedication status of District CEQA COMPLIANCE Project Description The project consists of the acquisition f 14- 1 f 1 i ` n Kennedy o a acre parcel o and as an addition to the a ed P JPm' Y Limekiln Area of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the Sierra Azul Open Space Preserve. The land will be permanently preserved as open space, and a portion will be open to the public and maintained in a natural condition. CQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The 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 acquire fee interest and maintain the open space character of the area. Public trail use will be allowed on the existing trail., but no new development is proposed as part of this project. j Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Sierra Azul Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the g P Po tY actions may have a significant effect on the environment. TERMS AND CONDITIONS The purchase price of this 14 acre parcel is $60,000, which is payable in cash at the close of R-98-156 Page 4 escrow. The purchase price is based upon a current real estate listing at this amount, and is considered to be the fair market value of the property as confirmed by a fee appraisal obtained by the District. This acquisition will be submitted for partial acquisition funding as part of the existing Environmental Enhancement Mitigation (EEM) Grant applications awarded in 1994 and 1995. These grants are for land acquisitions in the Limekiln Canyon and Soda Springs Canyon region of Sierra Azul Open Space Preserve. The EEM grant provides for approximately 43.7% of the acquisition funding. If this property acquisition is approved as part of these grants, the net cost to the District for this acquisition will be approximately $33,780, and the grant will contribute $26,220. BUDGET CONSIDERATIONS 1998-1999 Budget for Land Acquisition New Land Budgeted for Acquisition $11,303,000 New Land Purchased this year (3,593,250) Marini Acquisition proposed on this agenda (60.000) Acquisition Budget Remaining $ 7,649,759 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 property was identified as an important addition to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve for public trail, wildlife habitat and scenic qualities. PUBLIC NOTIFICATION Owners of privately owned properties located adjacent to or surrounding the subject property have been notified of this transaction. Prepared by: Del Woods, Senior Management Specialist Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF THE 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 MARINI 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 Mary E. Marini et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$60,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District ••'o. ST.JOSEPH'S HILL OPEN-SPACETRESERVE r- (sA24) U � 0.5 4.1 00.2 I(Se0.2 2 f 0 17 0.9 0�0iti�� e / OO 0.5 r PROPOSED ACQUISITION % — MARINI et al. (14 AC.) fJ L_ 1 slo3) f (-A22) �.. h 2000 6A21 LEXINGTON o'' �PriPsr 2200 � 1COA KTY (SA23) t.0 Roc�Trdi/ �ktrail 2400 o� Pries' 1.0 2600 dy Ce 1.6 f • fA 2;Q 2800 �(sTral/ —0) 4-4 f,800 2600 I lJ 2400 f 2400 1600 � fA19i 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 �I f 2600 One Mile EXHIBIT A: PROPERTY LOCATION MAP i i 46 PURCHASE AGREEMENT This Agreement is made and entered into by and between LAWRENCE KATEN, LEROY KATEN and JOSEPHINE EDMUNDS, as to a 1/3 interest; IDA NISWENDER, as to a 1/3 interest; MARY E. MARIATI, as trustee under Revocable Trust Agreement dated December 18, 1990 between Mary E. Marini as trustor and as trustee, as to a 1/3 interest, hereinafter called "Seller," and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately fourteen (14) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 558-35-004. Said property is further described in the Legal Description attached to Preliminary Title Report number 36309359 from Stewart Title of California, Inc., a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference. Said property 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. All of said real property and appurtenances shall hereinafter be called the "Subject Property" or the "Property" Purchase Agreement 46 Page 2 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Sixty Thousand Dollars and No/100 Dollars ($60,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Stewart Title of California, Inc. 4991-A Cherry Avenue, San Jose, CA 95118 (408) 26&4262 (Escrow number 36309359), 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 December 31, 1998, provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. B. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit A. D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Fifty nine Thousand and No/100 Dollars ($59,000.00) which is the balance of the Purchase Price of Sixty Thousand and N61100*Dollars as specified in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 11 of this Agreement. E. Seller shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses Purchase Agreement Page 3 not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Seller shall cause Stewart Title of California, Inc., or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$60,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) title exceptions 3 through 9 as listed in preliminary title report no. 36309359 dated June 26, 1998 (Exhibit A); and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3E, and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other b reason of a wrongful termination or failure to close escrow. PAY Y g n 5. r f Premises. Seller warrants that there exist o oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to I i Ab Purchase Agreement Page 4 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). I 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. I A. Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. C. Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made.by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integn�y of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the.time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 9. 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 i Purchase Agreement Page S "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). B. Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) To Seller's knowledge, without further inquiry or investigation, the Property does not contain and has not previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled, generated, stored, treated, discharged, present, buried or disposed of on, under or about the Property, or transported to or from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing; (ii) Seller has not received any notice and, without further inquiry or investigation, Seller has no actual knowledge that any private person or governmental authority or administrative agency or any employee or agent thereof has determined, alleged or commenced or threatened to commence any litigation, or other proceedings, to determine that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any . Hazardous Waste, nor has Seller received any communication from any such person or governmental agency or authority concerning any such matters. C. Indemnity. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained herein, or arising from related to or connected with the existence of any hazardous substances of any kind on or in the property, except when any hazardous substance contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, District may exercise its right to bring an action Purchase Agreement Pa ge 6 against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 9. Waiver of 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 benefits, procedures, notice periods, and assistance, and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement, including the fair provided for b said Federal Law and an market value of said Pro appraisals, etc. as Y Y Pe PP Property, corresponding California Government Code Sections. 10. Miscellaneous Provisions. A. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. B. Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. C. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (I) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized Purchase Agreement Page 7 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 property as permitted by law; provided, however, that District shall not take title to any third party property other than the subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. D. Riehts Cu Each and all of the various rights, powers gh , po e s and remedies of the parties shall be considered to be cumulative with and in addition to any other � rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof, nor the waiver of any other right, power, or remedy available to such party. E. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Mary Marini, et. al. c/o Gary Beck, Joe Beatty Real Estate 7172 Anjou Creek Circle San Jose, CA 95120 (408) 268-4062 Fax (408) 927-0225 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier Purchase Agreement Page 8 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. SeverabiUly. 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. CounWm=. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. H. 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. Assien 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. Purchase Agreement Page 9 M. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. N. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. O. Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. P. Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. Q. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. R. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the 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 San Mateo 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 INTITALING 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 moor CATION 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 a Purchase Agreement Page 10 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 DISP " ROVIIJSION,/TO NEUTRAL ARBITRATION. SELLER BUYER IlVTTIALW(c ; 11. Ag=tance. Provided that this Agreement is executed by Seller and delivered to District on or before October 23, 1998. District shall have until midnight December 9, 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. As consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: E/ILLER: f� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mary E. Marini, as trustee under Revocable Trust Agreement dated December 18, 1998 ACCEPTED FOR RECOMMENDATION Date: rw�'Z-4 Michael C. Williams, Real Property ;e' Representative Lawrence Katen APPROVED AS TO FORM: Date: Susan M. Schectman, District Counsel Leroy Ka RECOMMENDED FOR APPROVAL: Date: Josep*e Edmunds L. Craig ritton _ General Manager Date: APPROVED AND ACCEPTED: Ida Niswender 7 � President, Board of Directors Dated: ATTEST: District Clerk Date: PROPERTY ADDRESS: ES N OFFICE: VACANT LAND ST, RT TITLE OF IFORNIA, IN 4991-A Cherry Avenue San Jose, CA 95118 (408) 267-8811/Fax(408) 266-426 Sanctity of Contract STEWART TITLE OF CALIFORNIA, INC. A PRELIMINARY REPORT Issued for the sole use of: JOE BEATTY REAL ESTATE - GARY Our Order No. : 36309359 7172 ANJOU CREEK CIRCLE Reference No. : SAN JOSE CA 95120 Attn: Gary Beck When replying, PLEASE CONTACT Telephone No. : (408) 268-4062 Escrow Officer: PEGGY PERTTULA In response to the above referenced application for a policy of title insurance, Stewart Title of California, Inc. hereby reports that is prepared to issue, or cause to be issued, as of the date hereof a Policy or Policies of Title Insurance describing the land at the estate or therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached. list. Copies of the Policy forms should be read. They are available `from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in ExhibitN of this report carefully, The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. ¢.. It is important to note that this preliminary report is not written representation as to the' condition of title and may not list all liens, defects, and encumbrances affecting title`to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY.'BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CARL P. COOKSON, TITLE OFFICER "N SIT CLTA PREUMINARY REPORT(Effective 1-1-95) PO / OfJ SCHEDULE A Order No.: 36309359 Dated as of: June 26, 1998 at 7 .3 0 A.M. The form of policy of title insurance contemplated by this report is: 1) California Land Title Association Standard Coverage Policy - 1994 The estate or interest in the land hereinafter described or referred to covered by this report Is: A FEE Title to said.estate or Interest at the date hereof is vested in: LAWRENCE KATEN, LEROY KATEN and JOSEPHINE EDMUNDS, as to a 1/3 interest; IDA NISWENDER, as to a 1/3 interest; MARY E. MARINI, as trustee under Revocable Trust Agreement dated December 18, 1990 between Mary E. Marini as trustor and as trustee, as to a 1/3 interest The land referred to in this report Is situated In the State of California, County of Santa Clara, in Unincorporated Area and is described as follows: SEE "LEGAL DESCRIPTION" ATTACHED CLTA PRELIMINARY REPORT(REV.14-95) EXHIBIT Pa '8 gw of ' I EXHIBIT "A" LEGAL DESCRIPTION Order No.: 36309359 The land referred to herein is situated in the State of California, County of Santa Clara, Unincorporated Area described as follows: Beginning at a stake East 14.62 chains from a stake driven for the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 33, Township 8 South, Range 1 West, M. D. M. , from which said point of beginning the Northeast corner of Farm House bears South 380 40, East distant 1.79 chains; thence East 25.33 chains to a stake in mound of stones and on line between Sections 32 and 33 of the said Township and Range, the same being the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said Section 33; thence North 00 30' East 2 chains to the center of a small gulch; thence North 750 West down the general course of said gulch 10.30 chains to a point; thence North 550 West down the general course of gulch 14.20 chains to a cluster of Laurel Trees for corner marked a Laurel 3" in dia M.G. 3; thence South 15° 40, West 13 .61 chains to the place of beginning. APN: 558-35-004 STEWW TT1TLE �y EMBIT "., Order No. 363090 ' SCHEDULE B iw At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions in a Policyof Title Insurance are as follows: General 1 . Ge and Special City and/or County taxes, including any assessments collected le d with taxes to be levied for the fiscal year 1998-1999 which are a lien not yet payable. 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 . Water rights, claims or title to water on or under the land, whether or not shown by the public records. . 4 . Rights, if any, of the parties in possession. S. Rights of the public in, over and to any and all roads, paths or trails which may traverse said land. 6 . An easement for the free and natural flow of water over and through any and all natural and man-made drainage courses, as they may exist on said land. 7 . An easement to construct, operate and maintain electric transmission -lines, poles, wires and cables, for the transmission of electric energy and for communication purposes and appurtenances thereto granted to Pacific Gas and Electric Company, a California Corporation, Recorded: September 14, 1967 in Book 7856 at Page 395 Official Records Affects A strip of land 120 feet .wide over the Northeasterly portion 8 . Notwithstanding the insuring clauses of the policy(ies) , this Company does not insure against loss which may be sustained by reason of: (a) Any shortage in area; (b) Any discrepancies in boundary lines; (c) Any other matters which would be disclosed by a Survey` 'made by a licensed land surveyor. 9. Notwithstanding the insuring clauses of the policy(ies) , this Company does not insure against loss or damage by reason of the lack of access to and from the herein described real ro ertY. P P 10 . 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. 11. We will require a full copy of the trust agreement, any Continued on next page -1- SCHEDULE B CLTA PRELIMINARY REPORT STEWART TITLE - Pry, 1 SCHEDUL "B" CONTINUED: Order No. 36309359 amendments thereto, r amen ereto and a Trustee Certificate o in cert ain situations the Company may accept only a Trustee Certificate pursuant to Section -18100 .5 of the California Probate Code for the trust agreement prior to the close of this transaction. NOTE: 1. General and special taxes for the fiscal year 1997/1998 have been paid, including personal property taxes, if any. lst Installment : $348.36 2nd Installment : $348 .36 2 . There have been no conveyances of said land recorded within 24 months prior to the date of this report. 3 . None of the items shown in this report will cause the company to decline to attach CLTA Indorsement form 100 to the ALTA Loan Policy, when issued. 4 . There is located on said land: VACANT -- S. SHORT TERM RATE: None 6 . CALIFORNIA "GOOD FUNDS" LAW Effective January 1, 1990 California Insurance Code Section 12413 .1 Chapter 598, Statutes of 1989) , prohibits a title insurance company, controlled escrow company, or underwritten title company from disbursing funds from an escrow or sub-escrow account, (except for funds deposited by WIRE TRANSFER, ELECTRONIC PAYMENT OR CASH) until the day those funds are made available to the depositor pursuant to Part 229 of Title 12 of the Code of Federal Regulations, (REG.CC) . Items such as CASHIER'S CERTIFIED OR TELLER'S CHECK may be available for disbursement on the business day following the business day of deposit, however, other forms of deposits may cause extended delays in closing the escrow or sub-escrow. ; Stewart Title of California, Inc. will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by State Law. TK/ca 08/03/98 -2- EXHIBIT Page; .,`of� RECORDING COSTS AND REQUIREMENTS State of Califomi a R An ' 1 " • DOCUMENT REQUIREMENTS y instrument, paper, or notice submitted for recording should be on 8/: x 11 white paper, preferably 16 lb. bond or heavier. They should be in black print, preferably minimum 10-point type on the first . page and 8 point on subsequent pages. All printing or writing should be limited to one side of a page. Any document submitted for recording shall have at least h" margin on each vertical side. In addition;the top 2%" of the first page shall be reserved for recording information, with the left 3%" used by the public to show the name of the person requesting recording and the name and address to which the document Is to be returned following recording. The right-hand portion of the space is for use by the recorder only. Any document submitted must indicate the title or titles of the document(s) contained therein. Those titles must appear on the first page directly below the space reserved for the recorder. All information required by the statute which provides for the creation of the document must be there. In addition, all recording requirements must be met. Any document which contains a sheet or sheets which do not measure 8%"x 11" or that do not comply with recording requirements may be subject to recording penalty of $3.00 for every page of that document. PRELIMINARY CHANGE OF OWNERSHIP REPORT(PCOR) A Preliminary Change of Ownership Report must be completed by the transferee (buyer) prior to the transfer of property in accordance with the provisions of Section 480.3 of the Revenue and Taxation Code. The Preliminary Change of Ownership Report should be submitted to the recorder concurrent with the recordation of any document effecting a change of ownership. If a document evidencing a change of ownership (i.e. Deed, Affidavit-Death Joint Tenant) is presented to the recorder for recording without a preliminary change of ownership report, the recorder may charge an additional $20. City and County of San Francisco RECORDING FEES The recording fees for the Clay and County of San Francisco are as follows: $7.00 for the fist page of a document,plus$5.00 for each additional title over one,plus$3.00 for each additional page(provided all pages of the document measure 8%*x 11'and comply with recording requirements). Documents that are not 8%*x 110 and that do not comply with recording requirements are subject to an additional fee-of$3.00 for each page. TRANSFER TAX RATE Effective October 17,1994 the transfer tax rates for the City and County of San Francisco are as follows: $100 to$250,000 $2.50 for each$500 of consideration or•por5on thereof. $250,006 to$1,000,000 =$3.40 for each$500 of consideration or porGan thereof. $1,000,000 or more =$3.75 for each$500 of consideration or portion thereof. Transfer tax must be calculated on the total consideration given for the property. You may not deduct liens and encumbrances froth the tax bees. TRANSFER TAX AFFIDAVIT[tic the requirement of the City and County of Soh Francisco that a Transfer Tax ANdavtt be mripiew end signed by the Grantor for each deed submitted for recording. This is in addition b a Preliminary Change of Ownership Repot RECREC PRev.2-1-1996) t '- EXHIBIT _1.Pa����e�.of County of San Mateo RECORDING FEES The recording fees for the County of San Mateo are as follows: 40 $5.00 for the first page of a document,plus$5.00 for each additional title over one,plus $3.00 for each additional page(provided all pages of the document measure 8%i x 11'and comply with recording requirements). Documents that are not 8%'x 11'and that do not comply with recording requirements are subject to an additional fee of$3.00 for each page. SPECIAL NOTE:All documents must be on white paper,with black ink. TRANSFER TAX RATE The Transfer Tax Rate for the County of San Mateo is based on$1.10 per$1,000(or 550 per$500)of total consideration given for the property,less liens and encumbrances remaining of record. In addition to the transfer tax charged by the County of San Mateo, the City of San Mateo has a Transfer Tax Rate of%of 1 peroent($5.00 per$1,000),calculated on the total consideration given for the property. Do not deduct liens and encumbrances when calculating transfer tax for the City of San Mateo. For properties located in the Town of Hillsborough you should check to see if there are any special taxes by calling(4151 579-3800. County of Santa Clara RECORDING FEES The recording fees for the County of Santa Clara are as follows: one s .00 for each additional a `ded all each additional Gila over i3 $7.00 for the fast page of a document,plus$7.00 for ,plus page lP� pages of the document measure 8Y:'x 11'and comply with recording requirements),except for deeds of trust,assignments of deeds of trust,reconveyances,requests for notice,requests for notice of delinquencies and notice of defaults. Deeds of trust,Reconveyanoes,Requests for Notice,Requests for Notice of Delinquencies and Notices of Defaults are$9.00 for the first page of the document,plus$7.00 for each additional titre over one,plus$3.00 for each additional page(provided all pages of the document measure 8'l:'x 11'and comply with recording requirements). A Substitution of Trustee and Full Reconveyance,as a combined document is$18.00 for the first page of the document,pA w$3.00 for each additional page(provided all pages of the document measure 8W x 11'and comply with recording requirements). The recording fee for a Release of Tax Lien from the State of California,the County of Santa Clara,or•a City is$11.00. The recording fee for a Release of Tax Lien from the I.R.S.is$7.00. When mcardmg a ion,judgment orebsbact ofjudgment sdd$3 00pwowi crdt&w There is a Savvy Mbnumentftsarw#w Fee of$10.00 charged on the recording of all deeds containing a description other than that of a condominium or a complete tot shown on a sub&ded traoct(this fee is not charged on easements). Documents that are not 8'!:'x 11'and that do not comply with recording requirements are subject to an additional fee of$3.00 for each page. TRANSFER TAX RATE The Transfer Tax Rate for the County of Santa Clara is based on$1.10 per$1,000(or 55#per$500)of total consideration given forth*property,bss lens and erxrmbrances remaining of record. In adcftn b the tenter tax charged by the County of S" Clara,the Cities of Mountain View, San Jose and Palo Alto have a Transfer Tax Rate based on$3.30 per$1,000(or$1.65.per$500)of btel consideration given for the property,less liens and encumbrances remaining of record. RECREC(Rev.2-1-19W WA �XHI�IT Pap H CLTA Preliminary Report Form EXHIBIT"B" (12-4-92) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage,costs, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws,ordinances or regulations) restricting,regulating,prohibiting or relating to (i)the occupancy,use,or enjoyment of the land; (ii) the character,dimensions or location of any improvement now or hereafter erected on the land;(III) 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 encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. (b) Any governmental police power not excluded by(a) above,except to the extent that a notice of the exercise thereof or a notice of s detect,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 date of policy which would be binding on the rights of a purchaser for valve without knowledge. 3. Defects,liens encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at date of policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not know 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;or (e) resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the insured mortgage or for the estate or interest insured by this policy, 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 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. fi. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the Insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditor's rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART 1 This policy does not insure against loss or damage(and the company will not pay costs, attorney's fees or expenses)which arise by reason of: PART 1. Taxes or assessments which are not shown as existing liens by records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, Rights interests or claims which are not shown by the public records but which could be ascertained by an inspections of the land 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 jecords. S. (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),9b)or(c)are shown by the public records. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorney's fens,and expenses resulting from: I. 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 concern: land use .land division Improvements on the land 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 zoning coverage described in items 12 and 13 of Covered Title Risks. (List of Printed Exceptions and Exclusions Continued on next Page) STEWART TITLE Guaranty Comp any Pa Y Pa ge 1 EXHIBIT Pag e of � 9 EXHIBIT B (CONTINUED) 2. The right to take thend by condemning it,unless: a notice of exercillfing the rights appears in the public records on the policy date the taking happened prior to the Policy Date and is binding on you If you bought the land without kn g of the taking 3. Title Risks: that are created,allowed,or agreed to by you that are known to you,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 Date -- this does not limit the labor and material lien coverage in Item 8 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 you land This exclusion does not limit the access coverage in Item S of covered Title Risks. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) WITH ALTA 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,attorney'* 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 improvements 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 protections,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 encumbrances resulting from a violation or alleged violation affecting the land has been recorded In the public records at date of policy. (b) Any governmental police power not excluded by (a) above,except to the extent that a notice of the exercise thereof or a notice of a 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 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 to the extent insurance is afforded herein as to assessment for street under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the insured mortgage. 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,i,)Sg 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. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,tabor or materials over lien of the insured mortgage)arising from an improvement or work related to the land which Is contracted for and commenced subsequent to date of policy and Is not financed in whole or in part by proceeds of the indebtedness secured by the insured which at date of policy the insured has or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation or federal bankruptcy,state insolvency,or similar creditors'rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions. (List of Printed Exceptions and Exclusions Continued on Next Page) STEWART TITLE Guaranty Company Page 2 EXHIBIT R Page._I-of__l_t__ EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay cost,attorney's fees or expenses which arise by reason of: 1. Taxes or 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 may result in taxes or assessments,or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of 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. S. (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. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY 10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or darnage,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 (I) the occupancy,use,or enjoyment of the land; (11) the character,dimensions or location of any improvements now or hereafter erected on the land;(Ili)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 protections,or the effect of any violation of these taws.ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. (b) Any governmental police power not excluded by(a) above,except to the extent that a notice of the exercise thereof or a notice of a 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 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; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant has paid value for the estate or Interest insured by this policy. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay cost,attorney's fees or expenses which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessnents `V on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments,or notices of such proceedings, whether or not shown by records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an Inspection ct tM land or by making inquiry of 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 disclosf, 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,(b)water dghlM6 claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. STEWART TITLE Guaranty Company Page 3 - EXUM Page sooK oAae 558 35 BK 29 E.O.S.147-M-7r I I ` ` TwP• 8S.-R.IW. 3Z 33 LOT 1 \ .'..•,,` tot 6 ti�f: 33 34 ` / ��..�'' ��/ 0 • \ \ b�4, LOT 6 r 6• 6PS S4RVEY anti �'�•. � •��� � IQO.S 6S2/76'...••: tiffs` �\ 9?�t' lAIDPEVINSULA REGIONAL OPEN S SPACE DIST. t 21 0. � a R.O.S. 1a9-A1-�� •Yy � C FF 212.06 AC.TOTAL I b o M eeAe Ny..y,. // 1 / 34 ♦] o wrrrsco.a - � ,t � — ITI / r+oo ac \ RAN• >lE >CK RCO A;r DEED�� n.j . LOT 2 S. C. Y. W. O. 1'�_ tt 17;•. .,.. R r n_.: a A LOT 7 \ LOT 6 --F—lE �\\ MIDPENINSULA REGIONAL OPEN \gam SPACE DISTRICT a ,M Eul'Da�EtOp �TMacavr ` raEa" 1 7 S 27.4% AC, 12 38Ac: 247610. t. � TWtS MAP MAY M PCTEDWpR 1TL;r+j KCr Eip sunTrQ ihlF PwJSC OTNER ,.tO Ci A l-'.l'nr 57F1rgRT . r2JNOF F LOCM O►CEIATAr,•k; e ELF furl nyr' .s.ye LOU yt .. 1I1LOFiJ"`•.QOR� "ELF A., AAF,^,ifl� O � GCWsmnNGWtShvicTL�li Ft 4 Its: r98 16:19 FAX 6505928895 Sherry Selwood a 03 3343 Brittan Ave#12 San Carlos,CA 94070 November 13, 1998 RESPONSE ACTION PROPOSED RY STAFF '.... Board President Acknowledge/Raspond Director Acknowledge/Respond Staff Acknowledge/Raspond Betsy Crowder -� Draft Response Attached Board President Staff to be Directed to prepare Draft Midpeninsula Open Space District Response for board Consideration per Board Directive(s) 330 Distel Circle No Response Necessary Los Altos,CA 94022-1404 Betsy, I am a homeowner in the Brittan Heights complex in San Carlos. The eucalyptus trees along Pulgas Ridge are a prized part of the view from my home. As a matter of fact.they are 'mirrored' in the artwork on my living room wall. I had understood that the cutting you were planning would not be visible to us. The gashes left by recent cutting are clearly visible,and disturbing,to me. I am requesting that you reduce the number of trees targeted for removal or,ideally,cease cutting altogether. Regards, Sherry Selwood A Regional Open ace DRAFT RESPONSE PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD46ONSIDERATION Ms. Sherry Selwood (This letter to be sent to 2 7 other individuals w*0 wrote 3343 Brittan Avenue, #12 on this issue) San Carlos, CA 94070 Subject: Pulgas Ridge Open Space Preserve - Resource Restoration and Habitat Enhancement Project Dear Ms. Selwood: Thank you for your recent letter regarding the phased removal of eucalyptus trees within the Midpeninsula Regional Open Space District's Pulgas Ridge Open Space Preserve. The District's Board of Directors reviewed your letter at its regular meeting last night. I'd like to take this opportunity to provide some background on this project, and hopefully address your concerns. The District's Board and staff understand your anxiety regarding the visual impact of this project. I can also assure you that there is no plan or action to "clear cut" this area, as some may have mistakenly stated. Certainly, many people find eucalyptus to be picturesque and have come to appreciate them as an integral part of the California landscape. However the District, like the National Park Service and other resource protection-oriented agencies, recognizes the fact that eucalyptus is an invasive, non-native species that, over time, will crowd out native vegetation. These trees also inhibit the growth of any vegetation beneath them, further reducing natural habitat values. This process is occurring at Pulgas Ridge. Because the District's open space resource management policies are designed to protect the natural resources in perpetuity,we must consider the long-term impacts of allowing this non- native species to continue to thrive. In addition, a benefit resulting from removal and replacement of this species is a reduction of the fire danger that can result from unhindered flourishing of eucalyptus. Eucalyptus and acacia, another very invasive non-native plant species, are both currently a priority for management at Pulgas Ridge. We expect to be focusing on replacement of these species for many years. In fact, the removal of these plant species, and their replacement with native species, is a very gradual process expected to extend over the next 20 years or more. This long-term focus is being taken due to the District's limited financial resources, as well as to minimize the short-term visual impact. Restoration actions include re-seeding large areas with native grassland vegetation species, planting of cuttings from native "donor" plants, and planting of coast live oak and coastal sage-chaparral species where deemed necessary. 330 Distel Circle o 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 Oire(lors:Pete Siemens,NlarN C. Davev, led Cr. Deane Little, Nonette Hanko,Flow Crowder,Kenneth C.Nitz . General Ntan,iger:L.Craig Britton December 10, 1998 Ms. Sherry Selwood Page -2- At the request of a concerned resident, District staff held an informational meeting at the Brittan Heights Club House on September 29, 1998. The purpose of the meeting was to inform interested residents of the scope and status of the entire project. The resident who proposed the meeting volunteered to inform other concerned residents of the meeting; however, only a total of nine homeowners attended. An overview of the restoration plan and its objective of preserving native habitats was presented at the meeting, and we shared with the attendees how the project's objectives were consistent with the District's mission statement and resource management policies. The anticipated timetable for implementation was described, after which homeowners expressed their concerns, which focused primarily on the planned removal of large eucalyptus trees on the predominant ridgeline of the preserve. It was made clear that removal of many of the larger trees on the ridgeline would probably not occur until the later stages of the 20-year program. The work you've seen recently was done by the California Conservation Corps, under the direction of District staff. They completed a one-week portion of this resource management project at Pulgas, consisting of cutting selected eucalyptus and acacia trees,primarily those bordering the native coast live oak habitat. The restoration project is now finished for this year. The District's efforts will continue incrementally each year until completion, as stated in the Restoration Plan. I hope that I have adequately addressed your concerns with this project. I do feel that the phased implementation will help to reserve the visual aesthetics of the site specifically p p p P call as p Y viewed from Brittan Heights. Hopefully, you now have a better understanding of the long-term need for the District to address the issue of non-native invasive plant species which are virtually eradicating native plant species at this public open space preserve. I have included for your information a Pulgas Ridge Open Space Preserve Restoration Plan Overview that provides additional detail on the project's objectives and methods. If you have additional questions, lease Y q ,p feel free to contact the District's resource management specialist, Ms. Jodi Issacs, at (650) 691- 1200. Sincerely, Betsy Crowder President BC/mcs/ji cc: MROSD Board of Directors 1 . ' Pulgas Ridge Open Space Presery Restoration Plan Overview September 1998 PURPOSE OF RESTORATION To restore the project site to a natural environment that has higher habitat values for wildlife and recreational use. GOALS • Enhance the natural values of the property by replacing invasive, non-native vegetation with native species. • Create self-sustaining native vegetation which will require little or no maintenance in the long term. • Control remaining non-native, invasive plant species to minimize competition with native species. • Maintain the local gene pool of native vegetation. • Strive to be compatible with policy guidelines established by MROSD and the San Mateo County Parks and Recreation Dept. • Use cost-effective implementation methods: • District staff • non-profit labor crews • volunteers • students PRESENT SITE CONDITION • Substantial amounts of asphalt and concrete rubble are contained in the substrate, leaving erodible pockets. • Soil known as orthents cut and fill land complex has largely replaced the original loam soil. Properties are highly variable so it is difficult to predict which plant species will be successful. • Existing vegetation is a mix of native, non-native, and ornamental landscape species. Extreme soil disturbance and past human habitation has created conditions conducive to the establishment of invasive, non-native species. 2 • Acacia and broom species are invading and dominating roadways adjacent to road cuts. • Ornamental, non-native trees and shrubs are prevalent on the lower, eastern half of the site where there are remains of outdoor stairways and old garden terraces. • Native coast live oak woodland occurs on the north-facing slopes and coastal sage- chaparral scrub is found on south and south-west facing slopes. • Areas of non-native grasslands exist, especially at the upper western portion of the site. • There is a developing monoculture of coyote brush scrub in center of the site. METHODS 0 Conduct field surveys to inventory the baseline conditions regarding the types and locations of invasive, non-native species (Figure 1). 9 Determine management areas according to restoration priority(Figure 2). 0 Focus on areas and species of highest priority first before advancing to next area. 9 Control vegetation using an integrated pest management plan. • herbicides when necessary • up-rooting, pulling, hoeing • minimize soil disturbance HABITAT PLAN Distribution patterns of natural plant communities in the project vicinity were assessed, so that a similar distribution of habitats could be applied to the project site. Figure 3 shows the habitats proposed to occur at the completion of the project. The habitats projected-for completion will hopefully be the result of natural recruitment of volunteer plants form adjacent existing vegetation. Little active revegetation is planned, but may be necessary. If it is deemed necessary, plantings will come,from locally collected . native species so as to maintain the local gene pool. Pulgas Restoration Plan Overview September 1998 3 APPROACH FOR CONTROLLING NON-NATIVE SPECIES The restoration plan will be implemented in three phases over a period of 25 years. The first phase of the restoration plan will focus on the eradication of Priority I species, with the exception of the eucalyptus grove in Management Area I which will be partially retained for screening adjacent land uses to the north. Depending on how control of Priority I species proceeds, it is expected that control efforts will begin on Priority 2 and priority 3 species. MANAGEMENT AREAS The project site has been divided into seven main management areas based on similar vegetation and rehabilitation methods. Many of these areas have been subdivided for implementation and management. Approximate dates of restoration are shown on Figure 2. A management area will need to be under control before work begins on the next area. Primary Goals Area I • Control of eucalyptus; but retain shade trees along road and those that screen the development to the north • Control of acacia • Re-establishment of coast live oak woodland species Area 2 • Control of acacia • Control of broom species • Control of periwinkle • Control of eucalyptus • Re-establishment of coast live oak woodland species Area I • Control of broom • Control of pampas grass • Erosion control Area 4 • Control of acacia • Control of broom species • Control of giant reed • Control of periwinkle • Control of prickly pear • Revegetation with coastal sage-chaparral scrub species Pulgas Restoration Plan Overview September 1998 4 Area 5 ' • Control of acacia • Erosion control • Revegetation with coast live oak woodland species Area 6 • Control of star thistle • Control of acacia • Control of pampas grass • Management of coyote brush • Revegetation with coastal sage-chaparral scrub Area 7 • Control of star thistle • Revegetation with native grass and chaparral species • Erosion control IMPLEMENTATION The amount of restoration that can be implemented will depend on funding and available budget. The time line may need to be changed to reflect the availability of funds. To accommodate variations in available funding, the proposed restoration actions are adjustable so that the tasks can be done in stages, as budget permits. RESTORATION ACTIONS PHASE I (1997-2003) /PHASE II (2004 - 2010) /PHASE III(2011 - 2016) Restoration actions include control of invasive non-native plant species, revegetation, and maintenance. • Control of Invasive Non-native Plant Species. • Target acacia trees for removal in all management areas • Control eucalyptus trees in all management areas • Remove trees with stems less than 38" in circumference • Large trees will be left in corridor along ridge to screen development to the north in Area 1 and 2. • Eradicate broom species in all management areas. • Eradicate isolated occurrences of pampas grass, giant reed, and black locust • Seed large bare areas of disturbed ground for erosion control. • Continue surveillance and removal of Priority 1 species throughout all phases Pulgas Restoration Plan Overview September 1998 Y sS • Revegetation" (Actions based upon observations of natural encroachment and revegetation by naturally occurring native species. The following actions will be taken only if intervention is deemed necessary.) • Collect short cuttings from donor plants. • Collect seeds of native species. • Hand broadcast seed for native grassland vegetation as 1 st step in erosion control process • Plant Area 6 with coast live oak woodland and coastal sage-chaparral scrub species if necessary. • Maintenance and Monitoring • On an annual basis, management areas previously rehabilitated will be surveyed for non-native species. There should be repeated control of these species before work is continue in the next area. • Data will be collected annually on the progress of restoration. Survival, vigor, and height of planted or naturally recruited trees should be noted. • Management areas will be photographed each spring to document changes. Pulgas Restoration Plan Overview September 1998 Table 1. Invasive Non-native Plant Species at Pulgas Ridge* Common Name Scientific Name Management Area PRIORITY 1 SPECIES Acacia Acacia ssp. 1-7 Giant Reed Arundo donax 4 Star Thistle Centaurea solstitialis 7,6 Pampas Grass Cortaderia jubata 4 Blue Gum Eucalyptus Eucalyptus globulus 1 Spanish Broom Genista maderensis' 2-7 French Broom Genista monspessulanaa 3,4,5,E Black Locust Robinia pseudoacacia ? Himalayan Blackberry Rubus procerus ? PRIORITY 2 SPECIES i Mustard Brassica spp. 5,6 Italian Thistle Carduus pycnocephalus 5,6 Ice Plant Carpobrotus sp. 7 Bull Thistle Cirsium vulgare 5,6 Poison Hemlock Conium maculatum 5 Fennel I%oeniculum vulgare 5,6 Telegraph Weed Heterotheca grandiJlora 6,7 Prickly Pear Opuntia sp. 4 Bristly Ox-tongue Picris echioides 5,6 Milk Thistle Silybum marianum 5 Periwinkle Vinca major 4,5 PRIORITY 3 SPECIES Silk Tree Albizia julibrisim 5 Cedar Cedrus spp. 5,6 Cotoneaster Cotoneaster franchetti 5 Silk Oak Gravillea robusta 1 Oleander Nerium oleander 4,5 Spruce Picea spp. ? Pine Pinus spp. 4,5 Pyracantha Pyracantha coccinea ? * This is a parial list that will be refined after more field inventory work in each ' New name per Jepson(1993);previously called Cytisus maderensis 2 New name per Jepson(1993);previously called Cytisus monspessulanus l�BITATS PROPOSEr 'XT COMPLETION ` OF THE PROD EC, LEGEND Coastal Sage/Chaparral Scrub • Coast Live Oak Woodland • - , _ Mixed Grassland - - - - - _ Eucalyptus Blue Oak Woodland \ , oil I / . • . . • . • - / 1 400' 800' `\ - Scale: 1" = 400' k k PULGAS RIDGE OPEN SPACE PRESERVE HASSLER HOME SITE RESTORATION PLAN IV ' JAGEMENT AREAS V ''ROPOSED DATES OF RESTORATION AC 1 . ✓ITY 1999 LEGEND - MANAGEMENT AREAS Western Eucalyptus Grove ©&M Non-native Plant Areas Adjacent to Road 1 99 © Disturbed East-Facing Road Bank © Acacia and Broom Area Coyote Brush Area 1 97 Barren Flat �i Y 1r s 1 8 Y� 1999� 2007 2016 2000 2015 2014 2001 2012 �.,, 2006 20022013 2011 2003 2008 2010 Z ° 2004 H 2005 2009• 400' 800' Scale: 1" = 400' PULGAS RIDGE OPEN SPACE PRESERVE HASSLER HOME SITE RESTORATION PLAN RESPONSE ACTION PROPOSED BY STAFF F Board President Ack...ladge/R.ap.nd Director Acknowledge/Respond lit 1998 Veterans Day Staff Acknowledge/Respond Draft Response Attached o o a r d of Directors Staff to he Directed to Prepare Draft Refor Board Consideration per Response Mid Peninsuala Regional Open Space Dis' BoardDrctive(a) 330 D i s t e l Circle No Response Necessary Los Altos , CA 94022 The Great Anerican Dream - To Own a House and Lot . What has and is happening to this dream? Is it becoming a myth? An unreality? Probably so , for there is less and less space available to build individual homes - many are forced to live in clustered apartments in areas not of their choosing . Yes silicon valley is high cost, but you can not convince me that part of the high cost of housing here is the purchase of land put into open space. Yes , some of the open space land is not suitable to building, but I would guess that 25% of it would be - over 10, 000 acres. How many homes would that be to ease the strain on housing in the area? Think how much this available land might lower the cost of land and building in this area . Do not all those who would like a home and lot deserve a chance at same. Would you, who now have a house on a. lot of 1/4 , 1 , 2 , or more acres , be willing to give up your residence and live in a clustered apartment area in San Jose, Mountain View, Redwood City, or where have you. Give someone else a chance at the gracious living of the American Dream. Trade places , let them share the "open space" you see out of your window and from your patio - and you enjoy the blank wall and wkndow of an adjacent apartment . Sure, the open space is for all to enjoy. But how do they, these apartment dwellers, get there? What have you provided for the "family" to do for the entire day? From the crowded apartment areas , it is a full days excursion for a family to visit the open space,and you have provided practically nothing for them to use for picnicking and family enjoyment . You claim so many people use the open space. What is the percentage of district population using the open space? And where do these users come from? From my observations , the users are neighbors from nearby well-to-do areas . Yes, the limited parking facilities are used , but casual observations of the vehicles indicates they are mainly Sports Utility Vehicles, BMWs , Lexus , and cars of the well-to-do neighbors . Not the older, highly used , utility vehicles from the cluttered apartment areas . Nov You claim to be saving open space. Just who are you saving it for? Have you been to Russia? Seen the sullen, despair driven look in the faces of the people. 97 percent of the Russians live in apartments , and usually only apartments of seven stories or more have elevators . Are you prescribing this type of life for us here in the United States . I trust not . I have occasionally mentioned this in previous board meetings , that the lower income apartment dwellers are being left out of the picture when it comes to use of open space. No public transportation to the open spaces , no family facilities for them. On this Veterans Day, I am embarrassed that my service for my country has come to this, "open space for the well-to-do" . For this is what I perceive the Mid Peninsula Regional Space District has come to. As the Board of Directors, you can do something about it you can spend monies on transportation, on family facilities in the open spaces , whatever it takes to get a true representation of .all our taxpaying people in open space. Harry H. Haeussler, Jr. 1094 Highlands Circle Los Altos , CA 94024 (650) 961 4307 copy to: Editor, Mercury News 750 Ridder Park Drive San Jose,- CA 95190 Letters to the Editor 46 0#9-vN. f-_0,((XM San Francisco Chronicle 901 Mission Street San Francisco, CA 94103 Regional Open *ace 1 DRAFT RESPON '`�--- PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION i Mr. Harry Haeussler, Jr. 1094 Highlands Circle Los Altos, CA 94024 Dear Harry: Thank you for your November 11 letter. As you know, due to various holidays the Board had to rearrange its November meeting schedule. Consequently, it was not until last night's meeting that we had a chance to review your letter. In your letter, you hypothesize that making 10,000 acres of District land available for residential purposes would "ease the strain" on housing in the area. However, taking into account that on District lands within Santa Clara County the typical lot size is 160 acres, and 40 acres in San Mateo County, making this land available for housing would not have any significant impact on the overall supply of homes. Further, the types of homes that would normally be built on such rural land as the District currently owns would no doubt be in the $1 million-plus price range, which is certainly not considered affordable. In addition, the infrastructure (such as roads and utilities) to support any large-scale housing in these areas is not in place. The District's philosophy, as stated in our draft mission statement, is to acquire and preserve a regional greenbelt, protect the natural resources, and provide opportunities for public access when consistent with protection of the resources. We are not in a position to provide large-scale public transportation to the open space preserves, although we are trying to raise funds towards transportation assistance for elementary school classes participating in our Outdoor Education program at Skyline Ridge. In addition, in the past we have tried to persuade local transportation agencies such as SamTrans to provide public bus routes to the Skyline area, but they have indicated that the ridership potential is too low for consideration. The District's role is to provide undeveloped open space, valued for its inherent environmental resources. The counties, the state, some cities, and other agencies fill a different need, that of picnic and camping facilities, improved fields and play areas, and other such amenities. Again,thank you for writing. Sincerely, Betsy Crowder President BC/mcs cc: MROSD Board of Directors 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 e E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cvr,Deane Little, Nonette Hanko,Bets%Crowder,Kenneth C. Nitz . General Alan,Ner:L.Craig Britton RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft RS —se Attached Staff tc-be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) November 1011998 _ No Resporse Necessary Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos CA. 94022 Dear Board Members, The Midpeninsula Rangers Peace Officers Association would like to express our appreciation to the Board of Directors for your thorough review of the recent Warner Group Operations Program. Review. The Association recognizes that each decision the Board makes is difficult when trying to balance the needs of the district and its mission. The prompt action exhibited by the Board to clarify the role of the District Ranger was a relief after two months of uncertainty, and the decisions reached have helped improve morale of the field staff. The staff is looking forward to the implementation of commitments made by the board. Excellent foresight was exhibited in recognizing the pressing need for additional field staff. We look forward to the installation of much needed repeaters as radio communications is a vital element of visitor and staff safety. Additional funding for resource management will go great lengths to provide protection of the Districts valuable and unique natural resources. These resources will be further protected with improved fire equipment and upgraded fire pumpers. Rangers and Open Space Technicians felt it was very beneficial to be able to speak directly with the Board and work together on this difficult issue. We would like to thank the Board for allowing the time for input and thoughtfully considering our suggestions. We are looking forward to working with the Districts Management and the Board on the Operations Review, and any future endeavors. Thank-you for your hard work and support. incerely, 2ichael R. Newburn, President Midpeninsula Rangers Peace Officer Association RIECENED NOV 12 1998 1i'0AFU41'NSULA REGIONAL CM SPACE DISTRICT Regional Open ace ------------------------- 1 R-98-154 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-29 December 9, 1998 AGENDA ITEM 3 AGENDA ITEM Proposed Gift of the Butler Property as an Addition to El Corte de Madera Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Adopt the attached resolution accepting the gift of the Butler property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to El Corte de Madera Creek Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space at this time. DESCRIPTION (see attached may) The District has been offered a generous 29.61-acre gift of land adjacent to El Corte de Madera Creek Open Space Preserve. This parcel is a significant addition to the preserve because it would result in the protection of the entire upper reaches of El Corte de Madera Creek as public open space. The subject property is situated in the rugged canyon through which El Corte de Madera Creek flows. It is bounded by El Corte de Madera Creek Open Space Preserve to the south and east, and by private property to the north and west. There is access to the lower portion of the property by way of a narrow, unsurfaced road that parallels El Corte de Madera Creek. This road is used by area residents to access their water systems, but is currently gated and closed to the public where it intersects the subject property. The El Corte de Madera Creek Trail skirts along the southern property boundary, providing excellent views of the property's redwood forest. There are no other improvements on the property. The moderately steep north and south-facing slopes on either side of the creek are heavily forested with mature second-growth redwood, estimated to be about 80 years of age. Scattered throughout the property are stands of bay and tan oak, as well as a number of exceptionally large Douglas fir trees. El Corte de Madera Creek is lined with a number of riparian species, including big-leaf maple, buckeye, and a variety of ferns. The stream itself is criss-crossed with many downed trees, creating a series of pools and riffles that serve as ideal habitat for native fishes and amphibians. 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,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton I R-98-154 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated portion of San Mateo County and zoned RM (Resource Management); requiring a 5- to 40-acre minimum lot size, based on the County's evaluation of resource constraints. The property is rated in the District's Master Plan as having high composite open space values, and is especially important in terms of native vegetation, wildlife habitat, and watershed protection. The property is located in the vicinity of the Bay Area Ridge Trail, and is highly visible from many areas within El Corte de Madera Creek Open Space Preserve. Ii The unsurfaced logging road that crosses through the subject property is not a designated trail. t s g g J P Pe � gg rty currently in poor condition, suffering from two culvert failures. To protect water quality, the intent of the existing trail plan for the preserve is to direct visitors away from this road and onto the nearby El Corte de Madera Trail. The road will be further evaluated for potential public use and/or mitigation in conjunction with review of the trails element of the Comprehensive Use and Management Plan for El Corte de Madera Creek Open Space Preserve. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. Future proposed changes to land use will be subject to further environmental review and public input. Public Access: Area to remain closed to the public at this time. Gates: Maintain existing gates at property boundaries. Trail Designations: No trails or roads are designated within the property at this time. Signs: Install "Private Property" and "Preserve Boundary" signs where appropriate; install trail directional signage to direct visitors to the designated trails in the vicinity. Dedication: Indicate your intention to dedicate the property as public open space at this time. Name: Name the property as an addition to El Corte de Madera Creek Open Space Preserve. Site Safety Inspection: A preliminary site inspection has been completed; a comprehensive site inspection will occur after the close of escrow. R-98-154 Page 3 CEOA COMPLIANCE Project Description The project consists of the acceptance of a 29.61-acre parcel of land as an addition to El Corte de Madera Creek 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 public open space and maintained in a natural condition. CEOA 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 subject 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 that the actions will have a significant effect on the environment. Terms and Conditions The District is receiving a generous gift of approximately 29.61 acres of land from Kathryn Butler. The gift property will provide a wonderful addition to El Corte de Madera Creek Open Space Preserve, protecting the dense redwood forest along the upper reaches of El Corte de Madera Creek in perpetuity. As part of this transaction, the District will incur approximately$4,000 in costs for survey work to determine the gift property boundary. Ms. Butler's property consists of a single family residence on 34.86 acres along Swett Road. After the District takes ownership of the gift property, Ms. Butler's improved home site will be approximately 5.5 acres, which complies with San Mateo County RM(Resource Management)zoning minimum lot size requirements. R-98-154 Page 4 Public Notification Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Matthew Freeman, Open Space Planner I Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams,Real Property Representative RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE NEIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF REAL PROPERTY AND AUTHORIZING EXECUTION OF CERTIFICATE OF ACCEPTANCE WITH RESPECT THERETO (EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE-LANDS OF BUTLER) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept, with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by Gift Deed from Kathryn Butler to the Midpeninsula Regional Open Space District. Section Two. The President of the Board, or other appropriate officer, is authorized to execute a Certificate of Acceptance for said Gift Deed conveying title to the property being donated to the District. Section Three. The General Manager of the District shall cause to be given appropriate notice to the donors of the acceptance of this gift. The General Manager is further authorized to execute any and all other documents necessary to the closing of this transaction. Section Four. The General Manager of the District is also authorized to expend up to $10,000 to cover the cost of title insurance, escrow fees, survey costs and other miscellaneous costs related to this transaction. El Corte de Melera Creek Open0pace Preserve MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Purisima-Cr ekl.Redwoods t Huddart Park ! (San Mateo o Open Space Preserve t - County)' k ' ountam Roa � 0.3 1600 tSt�)0 1 fi0tt Teague Hill T o`PCOj skyline Trail Open Space 4�/fas Cr %�`' c Preserve Pek Ro Qr 1 . Swett Ro�J •/ � � PROPOSED FEE GIFT BUTLER (29.61 AC.) �"P�..`� lj/ e do EI\aa�%;dera Cre k ra�1 _ + 1.0 t O+r�' OJ•y... •1t� (CMOt) rry W olD 1 M Trdi/ • �,l \\\ \ rm° m• O Skeggs 09 •��iTa Sandstone _�' �a�l 0'2 ,Poirit ! f�, J Formation i,2 r' ll� ��p: t 1.0 '� l ♦�.5 2Q00 0.5 ( ,,W h r112:A1;1 Vista ♦/ Pointa0.2 ,2000 et (0.1 .5 • (� OO r L%tio 4� 0.3 / �'0.3 03 ; u • •` • 180) ` 1 ��` 2200 0.6 • A 21100 I O.S•••�+ ' \ tiJ(' u>oo 0.61 ti`� � 0.7 p,2 3 (CA103) pO °ye . ' 0-3 0.3 . O.4 2uo1�-1 o.a 0.7 s/ r 110 Wunderlich .moo p,o.lo (CM04) Park OO JR O p. 1800 `0.2 0.3� 0.1 1 pp 0.8 (San Mateo 1• OO• /� 1.0 1 0.4 1 0.3• OOP• '• County) \C. • 2200 �...0,5.� �• dor SalamanderAl' 0.9 O•/0.2 1.2 (CM09) o /✓p6o� °�r •a P OO. �I •��,. Old Growth O' am -p'3 1400 w 0.1 Redwood .Q° 1.3 l fitllT / O• 2200 • 1.2 1200 2000 01 2.5 �_ r•�\ , R 2.5 oar/ /awrenceC, �2 laaif N G �- ao0 r-• I a0n 1000 � O 1 i/'1 t1 0.0 .1 .2 .:1 .4 .6 .7 .11 .9 1.0 Unc Mile EXHIBIT A: PROPERTY LOCATION MAP Regional Open ice _. -- - �� R-98-157 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-29 December 9, 1998 AGENDA ITEM 4 AGENDA ITEM Permit for Robert J. Slobe and His Contractors to Enter Windy Hill Open Space Preserve for the Purpose of Transporting Equipment to Conduct Geological Tests, Percolation Tests, and to Drill a Well on the Adjacent Property, and to Conduct Geological Tests on a Portion of the Preserve. GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute the attached Permit to Enter allowing Robert J. Slobe and four contractors to access Windy Hill Open Space Preserve for the purpose of transporting equipment to the adjacent property to be used to conduct geological tests, percolation tests, and to drill a well. In addition, the Permit to Enter allows geological tests to be conducted on the preserve for the purposes of formalizing an access road easement to the adjacent property. DISCUSSION In July 1987, the District purchased 429 acres from Mr. Robert Slobe as an addition to Windy Hill Open Space Preserve. The property included Spring Ridge, the prominent grassy ridge which extends from near Skyline Boulevard to Portola Road in Portola Valley. The new preserve parking area on Portola Road is located on the former Slobe property. The Slobe acquisition transaction was very complex, requiring prior conceptual approval by the Town of Portola Valley for the development of a 50-car parking lot on the portion of the property adjacent to Portola Road. In addition, the Town's approval of the subdivision of the entire 449-acre parcel into two parcels, one 429-acre parcel and one 20-acre parcel was required. The District owns the 429-acre parcel, and retains a right of first refusal on the 20- acre parcel (Slobe Parcel). In August 1987, the Portola Valley Town Council approved the tentative map for the subdivision of the two parcels. However, prior to approval of the final subdivision map, several conditions which are pertinent to the District and to the management of this preserve need to be met. They include: (1) conducting studies which show that a geologically stable access road can be constructed to serve the retained Slobe Parcel, (2) conducting studies that indicate a geologically stable building site is possible on the property, and (3) adjustment of the property line between the two parcels to finalize the exact boundaries of the 20-acre Slobe Parcel and the 429-acre parcel. The final subdivision map has not yet been approved pending these items. 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,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz . Genera!Manager:L.Craig Britton R-98-157 Page 2 The Slobe Parcel has been listed for sale on the open market for several years. In 1996, an offer was accepted by Mr. Slobe for the purchase of the 20-acre holding. The District did not exercise its right of first refusal at that time due to the high contract price. The purchase was not completed and the property was again listed on the open market. In early October 1998, the District received notice that a purchase offer for the property was received and accepted by Mr. Slobe. Again, the District did not exercise its right of first refusal due to the high contract price. District staff has met with Mr. Slobe, the proposed buyers, and several contractors to discuss the issues which need to be resolved prior to finalizing the subdivision map for the parcel division. A permit to enter is attached which would allow Mr. Slobe and his contractors to complete the necessary investigations to enable filing of the final subdivision map. The permit to enter allows for the geological studies required for finalizing the road access easement, including boring soil samples along portions of the proposed road access easement on the preserve to determine its stability. Due to an old landslide, the existing road behind The Sequoias would require significant expense and environmental impacts in order to repair. An emergency road that connects to The Sequoia's existing road system would be desirable. This short road could be used by the proposed buyers and the District for emergency access. In exchange, The Sequoias have requested realignment of the Town trail which currently comes very near to their private picnic area. Any change in this regard would come back to you for further consideration. The permit to enter also allows for crossing the preserve with the necessary equipment to make a determination of a suitable building site on the Slobe Parcel. This entails transporting a backhoe onto the Slog Parcel across the preserve. A minimum of two weeks of dry weather are required prior to exercise of permission to enter the preserve with the equipment. The permit to enter also allows for crossing the preserve with a well drilling rig in order to drill a well on the Slobe Parcel. Staff anticipates very high public interest in the development of the Slobe Parcel as the project progresses. Staff will post signing at the trailheads and access routes to the Slobe Parcel to explain the project and the impacts to be expected to the preserve in the upcoming months and years. The proposed parcel line adjustments and access road easement alignment, in addition to the alignment for the emergency access road and trail realignment from The Sequoias, will come back to you for your consideration at a later date. Prepared by: Mary de Beauvieres, Acting Senior Planner Contact person: Michael C. Williams Regional Open , - ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PMUMT TO EVM This Permit to Enter is by and between the Midpeninsula.Regional Open Space District, a public District (hereinafter "DISTRICT"), Robert J. Slobe (hereinafter PERMITTEE), Pacific Geotechnical Engineering (Contractor #1), Earthflow Drilling (Contractor #2), Jim Meredith (Contractor#3), and Pat Dempsey (Contractor#4), hereinafter collectively referred to as "CONTRACTORS". This Permit to Enter is issued pursuant to the Purchase and Sale Agreement Between PERMITTEE and DISTRICT dated July 22, 1987. Pursuant to Resolution 97-30, dated August 13, 1997, of the DISTRICT Board of Directors, the General Manager has the authority to amend Permits to Enter to extend expiration dates or make other minor amendments as needed. This Permit to Enter supersedes the Permit to Enter dated October 13, 1998. The parties hereby agree as follows: 1.0 Property DISTRICT grants PERMITTEE and CONTRACTORS permission to enter the portion of Windy Hill Open Space Preserve (hereinafter the "Preserve") located in Portola Valley, as shown on the attached map. Access to the Preserve shall be via Portola,Road only. 2.0 Purpose This Permit to Enter is for the purpose of providing CONTRACTORS access across the Windy Hill Open Space Preserve to the adjacent property (APN 076-340-080) for the purposes of: 1) transporting a well drilling rig, water truck, backhoe and soil auger mounted on a four wheel drive truck across the preserve, and 2) conducting geological tests on the proposed access road alignment on the preserve by boring two to four 4" soil auger holes. The soil auger is transported on a four wheel drive truck. Existing roads will be used to the extent possible. CONTRACTORS may access the adjacent property (APN 076-340-080) following the mowed alignment as identified on the attached map as Access Route#1, as determined by an on-site discussion on Wednesday, September 16, 1998 with Ellie Buffis, Realtor for PERMITTEE and CONTRACTOR #2, or by using the mowed proposed access road alignment as discussed and reviewed on-site on November 24, 1998 with the PERMITTEE, CONTRACTORS, Proposed Buyers, and PERMITTEE's Realtor and as approximately identified on the attached map as Access Route #2. 330 Distel Circle . Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 * E-mail:niros(l@opensl)ace.org Web site:www,openspace.org Bimal of Direr tors:Pete Siernen,,Mary C.M ey,led Cvr, Deane Little. Nonette Hanko, Betsv Crowder,Kenneth C.Nitz . Gener,ilkl,in,iger:L.Craig Britton Approximately two small trees (about 6" diameter) will be removed and additional limbs trimmed by CONTRACTORS in order to clear a path on Access Route#1 for the drilling rig, water truck and backhoe. The well site shall be located entirely on the adjacent Slobe property. 3.0 Activity Conditions The activity shall be subject to the following conditions: a. CONTRACTORS will be responsible for obtaining all necessary permits and following all pertinent procedures. Copies of the permits shall be provided to DISTRICT prior to starting work on the site. b. DISTRICT shall provide CONTRACTORS with a lock combination for access to the gates at the Portola Road entry to the preserve. C. CONTRACTORS shall notify DISTRICT at least one week (7 days) prior to commencement of any work. Requests shall be directed to the District Representative. Written permission shall be required from the District Representative prior to beginning or commencement of any work. d. Wet weather conditions shall prohibit vehicle access. A minimum of two weeks of dry weather is needed following any rainfall. e. In the event mowing is required, spotters will be provided by CONTRACTORS to observe the mower as it drives across dry grass to ensure against fire. In the event a spark ignites the grass, spotters will immediately douse the spark using either a fire extinguisher or water. f. CONTRACTORS will provide DISTRICT with a schedule of operations and keep DISTRICT informed of any changes in the schedule. g. CONTRACTORS will be responsible for restoring any damage to the preserve to a condition equal to or better than the original condition of the area. h. CONTRACTORS will be responsible for trimming trees and disposing of the cut material to the satisfaction of the District representative. Limb cuts shall be flush with the adjoining limbs or the main trunk of the tree. i. In no event, shall equipment or materials be left unattended on the preserve. 2 i j. CONTRACTORS shall notify DISTRICT upon completion of all work and arrange for a site inspection with DISTRICT staff before vacating the site. k. A copy of this permit shall be maintained on site at all times that the work is taking place. 4.0 Term Access to the site is limited to Monday through Friday, 8:00 a.m. to 5:00 p.m. The term of this Permit to Enter shall expire on April 5, 1999. In the event all activities allowed under this permit are not completed by April 5, 1999, the District General Manager may elect to extend the term by amendment. 5.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX-) DISTRICT Michael Williams, Real Property Representative REPRESENTATIVE: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX-) copy to: David Sanguinetti, Area Superintendent Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 949-1848 (650) 949-1781 (FAX-) 3 PFRXf FrrEE Robert J. Slobe 400 Slobe Road Sacramento, CA 95815 (916) 925-2721 (916) 925-2307 (FAX) PERNHI TEE Eleanor Gross Buffis REPRESENTATIVE: Coldwell Banker 116 Portola Road Portola Valley, CA 94028 (650) 851-1961 (650) 851-4231 (FAX) CONTRACTOR #1: Peter C. Anderson Pacific Geotechnical Engineering 22700 Mt. Eden Road Saratoga, CA (408) 868-0164 (408) 779-6879 (FAX) CONTRACTOR #2: Aaron Lingemann Earthflow Drilling Company 2600 Smith Grade Road Santa Cruz, CA 95060 (831) 423-3288 (831) 429-9238 (FAX-) CONTRACTOR #3: Jim Meredith 159 North Whisman Road Mountain View, CA 94043 (650) 969-5556 (650) 967-6324 (FAX) CONTRACTOR#4: Pat Dempsey Langley Hill Quarry P. O. Box 620636 Woodside, CA 94062 (650) 851-0129 (650) 851-4126 (FAX) 4 6.0 Indemnification and Release of Liability CONTRACTORS and PERM=E agree that the use of equipment and tools on the property of DISTRICT shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of DISTRICT, or to the public. CONTRACTORS and PERMIT= hereby waive all claims and recourse against DISTRICT, including the right of contribution for loss or damage to property, and releases DISTRICT from any liability related to or in any way connected to CONTRACTORS' and/or PERMITTEES' activities or CONTRACTORS' and/or PERMITTEES' use of the project site, premises, or facilities pursuant to this Permit to Enter. CONTRACTORS and PERM=E hereby waive all claims and recourse against DISTRICT, including the right of contribution for loss or damage to property, and releases DISTRICT from any liability related to or in any way connected to CONTRACTORS' and/or PERMITTEES' activities or CONTRACTORS' and/or PERMITTEES' use of the project site, premises, or facilities. CONTRACTORS and their subcontractors shall have sole responsibility for the safeguard of their equipment, property, and personnel (i.e., employees, agents officers) from any and all injury, death, or damage. 7.0 Insurance Through out the term of this agreement, CONTRACTORS, at their sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage arising out of the CONTRACTORS' activities pursuant to this Permit to Enter. Limits shall be not less than $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. This permit is not valid without CONTRACTORS' insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name DISTRICT as an additional insured. Throughout the term of this agreement, CONTRACTORS, at their sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. Such insurance policies shall not be canceled or materially changed without thirty (30) days' advance written notice to DISTRICT at the address shown under NOTICES. 8.0 Cancellation This Permit To Enter may be canceled by DISTRICT upon 24 hours notice to PERM=E and CONTRACTORS. The above Permit to Enter has been read and understood and is hereby agreed to and accepted. Facsimile signatures will not be accepted. All signatures shall be original and on this original Permit to Enter. PERMPT'TEE, ROBERT J. SLOBE By Date Print Title CONTRACTOR #1, PACIFIC GEOTECBMCAL ENGINEERING By Date Print Title CONTRACTOR #29 EARTHFLOW DRILLING COMPANY By Date Print Title CONTRACTOR #3, JIM MEREDTTH By Date Print Title CONTRACTOR #4, PAT DEMPSEY By Date Print Title 6 M WENINSULA REGIONAL OPEN SPACE DISTRICT By Date L. Craig Britton, General Manager Attest Deirdre Dolan, District Clerk Approved as to form: Susan Schectman, District Legal Counsel 7 WINDY ILL OPEN SPACE WESERVE MIDPENTNSULA REGIONAL OPEN SPACE DISTRICT i `N o~fov PORTOLA VALLEY 01 THE �- �� j Sausal Pond SEQUOIAS a 1 PROPOSED/ �¢ 0.5 EMERG6'JGY _ tzo+) SP,.%0y Ridge Trail \ :ACCESS ROAM P�Q V 1.6 taon ACCESS' y Hot) y ROUTE I � �� ACCESSI � % O�. -ROUTE 92 0'2 o0.2 0.4 (_VH06) , Y a y f If. f'• a nniversary Trail •����� � f ' s 0.7 w C K ••—� . Hamms/• � % d O Ham ms Gulch TraR 2.6,.. IlA / m 11 + v 4, o.a 0.2 0.6. 0.4� �yJ �ILjN\I-��� r ( e ! O(WH02)v• 1,5 � 1200 1400 1600 \ -V• Lost Trail Bo(jleVard, ���'�' 0.4 WH03)) k EXHIBIT A 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 11//98 INN iiiiiiiiiiii NONE MEN One Mile Map Legend Trail Use 0 Parking Lot — — Creek •••••••• Hiking Only Roadside Parking ® 0 * Trail Distance in Miles —•— Hiking,Equestrian Restroom H Gate(#s) Hiking,Bicycling,Equestrian Driveway-Authorized No Public Entry — Dogs on Leashes Permitted Vehicles Only Private or Leased Lands Only on Designated Trails Regional Open -,,ace R-98-153 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-29 December 9, 1998 AGENDA ITEM 5 AGENDA Notice of Contract Completion for the Installation of a Concrete Slab Floor for the Equipment Storage Area of the Shop Building at the Skyline Field Office GENERAL MANAGER'S RECOMMENDATION Authorize execution by the President of the Board, or other appropriate officer, of the attached Notice of Completion and Acceptance of Work for the storage building improvements at the Skyline Field Office. DISCUSSION At your October 14, 1998 meeting (see R-98-128), you rejected the sole bid of$44,733 for this project. The bid was received through a public bid process. Staff originally estimated the project at $17,000, which is within the General Manager's contracting authority of up to $25,000 on new construction and/or improvements. Based upon the public bid process results, staff contacted several general contractors for informal bids. Accordingly, staff awarded a contract of$16,875 to the low bidder, Lombardi Construction Company of San Francisco. Construction started on November 16, 1998, and was completed on November 28, 1998. The project progressed smoothly, and was not impacted by adverse weather. Staff was very pleased with the performance and the final product of Lombardi Construction Company of San Francisco. One change order allowed for additional concrete slab size, at a cost of$1,280. Final cost of the project is $18,155. Ten percent of the payment to Lombardi Construction has been withheld in accordance with the contract specifications. A check for the retained amount will be issued in 35 days, which allows adequate time to review evidence that all payrolls, material bills, and other indebtedness connected with the project have been paid. Prepared by: John Cahill, Open Space Planner II Contact: 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 . )ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the Midpeninsula Regional Open Space District, as Owner therein and Lombardi construction Company— as Contractor therein, bearing the date September 9. 1998 for construction of a concrete slab for the equipment storage area at the Skyline Ranger Office , and appurtenant facilities upon lands of said District known as Skyline Ridge Open Space Preserve situated in- unincorporatedSanta Clara County State of California, was completed on the 28th , day of November, 1998 . Upon said contract, — Savers Property & Casualty Insurance was surety on the bond given by said ---Lombardi Construction Co. the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title. That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022 _. IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and given on the 9th day December, 1998, authorizing and directing the execution of this instrument, the said District has caused these presents to be executed in its name, authenticated by the signature the President of the said Board of Directors this 9th day of December, 1998 , in Los Altos, California. I CERTIFY, under penalty of perjury that the foregoing is true and correct. STATE of CALIFORNIA, COUNTY of SANTA CLARA The undersigned, being duly sworn says: that he/she is the person who executed the foregoing; that he/she has read the same and knows the contents thereof, and that the facts stated therein are true. Betsy Crowder President, Board of Directors Dated: Signed in Los Altos, California 330 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0483 - E-mail: nirosd@openspace.org Web site:www.openspace.org Board or Directors:Pete Siemens, Mary C. Davev,Ied Cvr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. N itz - General Manager:L.Craig Britton Regional Open .,,ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-150 Meeting 98-29 December 9, 1998 AGENDA ITEM 6 AGENDA ITEM Resolution of Support for a Grant Request to the Historical Heritage Commission of Santa Clara County for the Engineering, Seismic, and Usage Upgrade Project for the Picchetti Winery Building at the Picchetti Ranch Area of the Monte Bello Open Space Preserve GENERAL MANAGERS RECOMMENDATION y Adopt the attached resolution supporting a request by Picchetti Winery leaseholder Leslie Pantling to the Santa Clara County Historical Heritage Commission for a grant in the amount of$92,950 for the Engineering, Seismic, and Usage Upgrade Project for the Picchetti Winery Building at the Picchetti Ranch Area of the Monte Bello Open Space Preserve. DISCUSSION Earlier this year,the District submitted a proposal to the Santa Clara County Historical Heritage Commission for a grant to fund the preliminary engineering plans for the seismic upgrade necessary for the winery building at Picchetti Ranch. That grant request was unsuccessful because of limited funds available. The new leaseholder at Picchetti Ranch, Ms. Leslie Pantling, is expanding that grant request under her name, to include the complete seismic/usage upgrade restoration project. If the application is successful,the District will be required to co-sign the project agreement with Ms. Pantling to assure that the property will be continually used for park purposes. The $92,950 grant will fund the necessary seismic improvements thus allowing for increased public usage of the facility. The historical value of the site is well-known, being listed on the National Register of Historic Places and by the Santa Clara County Historical Heritage Commission itself. If the grant is approved,the improvements will coincide with,and be key to,the leaseholder's efforts to provide an enhanced historical perspective at the site, including involvement of the Picchetti family, renewed development of historical content of the buildings,and increased promotion of the site to provide for a greater public understanding of the significance of the winery as a key example of the importance of winemaking in the region at the turn of the century. Funding recommendations will be made by the Historical Heritage Commission to the Board of Supervisors in April or May 1999. Prepared b : P Y M. Smith, Public Affairs Manager Contact person: Same as above 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspi(:e.org openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton I � RESOLUTION NO. 98- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENiNSULA OPEN SPACE DISTRICT SUPPORTING A GRANT REQUEST TO THE HISTORICAL HERITAGE COMMISSION OF SANTA CLARA COUNTY FOR THE ENGINEERING, SEISMIC, AND USAGE UPGRADE PROJECT FOR THE HISTORIC WINERY BUILDING AT THE PICCHETTI RANCH AREA OF THE MONTE BELLO OPEN SPACE PRESERVE WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District finds that the facilities of the Picchetti Ranch Area of the Monte Bello Open Space Preserve are of local and regional historical significance and of benefit to the residents and visitors to this area, and note that the site is listed on the National Register of Historic Places and listed by the Santa Clara County Historical Heritage Commission; and WHEREAS,the Board recognizes that in order to adequately provide for public access and enjoyment of the historical buildings at the site that certain structural improvements need to be carried out in compliance with Santa Clara County building ordinances and the District owns the facilities of the Picchetti Ranch Area; and WHEREAS,the new leaseholder and owner of Picchetti Winery, Ms. Leslie Pantling, is applying to the Santa Clara County Historical Heritage Commission for a$92,950 grant to be used for engineering, seismic, and usage upgrades to the winery building; and WHEREAS,such improvements will allow for a considerable increase in public usage and enjoyment of the building and the preserve, and will correspond with the leaseholder's efforts to provide an enhanced historical perspective at the site, including involvement of the Picchetti family,renewed development of historical content of the buildings, and increased promotion of the site to provide for a greater public understanding of the significance of the winery as a key example of the importance of winemaking in the region at the turn of the century. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District supports and endorses the request by leaseholder Leslie Pantling to the Santa Clara County Historical Heritage Commission for a grant in the amount of$92,950 for the Engineering, Seismic, and Usage Upgrade Project for the Picchetti Winery Building, Picchetti Ranch Area of the Monte Bello Open Space Preserve. * * * * * * * * * * * * * * * * * * * * * * Regional Open ., , ace 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-149 Meeting 98-28 December 9, 1998 AGENDA ITEM 7 AGENDA ITEM Authorization to Purchase Two All-Terrain Vehicles j GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a purchase contract with Gilroy Motorcycle Center for two all-terrian vehicles at a cost of$12,524.76. DISCUSSION At your August 12, 1998 meeting, you authorized staff to solicit competitive bids for two all-terrain vehicles (see report R-98-101). Staffs estimated cost of$13,000 is included in the fiscal year 1998- 1999 budget. After finalizing specifications, staff solicited competitive bids from all-terrain vehicle (ATV) dealers throughout the south Bay Area. Bid packets were sent directly to four ATV dealers, and a notice was placed in the San Jose Mercury News. Only one ATV dealer, Gilroy Motorcycle Center, submitted a bid. Bid packets were sent to the following ATV dealers: 1) Gilroy Motorcycle Center $12,524.76 (including tax) 2) San Jose Yamaha No Bid Received 3) GP Sports No Bid Received 4) Bike World No Bid Received Gilroy Motorcycle Center's bid met the District's specifications. Staff verified that Gilroy Motorcycle Center's bid was competitive by comparing it with the Manufacturer's Suggested Retail Price (MSRP). Gilroy Motorcycle Center's bid was 15%below the MSRP. Gilroy Motorcycle Center has been the low bidder on past ATV bids for the District. Staff has found Gilroy Motorcycle Center to be a qualified and responsible ATV dealer. The approved fiscal year 1998-1999 budget includes $13,000 for the purchase of these ATV's. Prepared b : p Y David Topley, Support Services Supervisor Contact person: Same as above 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail: niros(l@openspace.org . Web site:www.ol)enspace.org Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Dune Little, Nonette Hanko,Betsy Crowder, Kenneth C. Nitz . General Man,iget L Craig Britton Regional Open ace 1 R-98-152 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-29 December 9, 1998 AGENDA ITEM 8 AGENDA ITEM Authorization to Amend Contract with California Conservation Corps for Resource Restoration Services at Pulgas Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the proposed 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 execute an amendment to the contract with the California Conservation Corps in an amount not to exceed $4,000 to complete restoration services at Pulgas Ridge Open Space Preserve. DISCUSSION In November 1998 staff contracted with the California Conservation Corps (CCC) to remove invasive non-native species as a part of the habitat restoration plan for Pulgas Ridge Open Space Preserve. The scope of the project included such things as cutting eucalyptus and acacia trees, treating stumps, chipping smaller material, and preparing the site for seeding. The cost associated with the initial contract was limited to $10,000 and was within the General Manager's expenditure authority. Accordingly, the CCC crew finished cutting marked invasive non-native trees, treated the stumps, and piled downed material for removal. The final steps necessary to complete the restoration of the management area are to remove downed material from the site, chip smaller excess material, and reseed the area with grasses. To accomplish this amount of work before the onset of winter would require hiring another CCC crew. The proposed amendment to the CCC contract is to provide the necessary services to complete the restoration efforts conducted in early November. Compensation for these services is based on a fixed-fee, not to exceed $4,000. Board authorization is required to increase the CCC contract to a total amount of$14,000. The project is in the 1998-1999 Resource Management Work Program and is expected to be completed by the end of December. CEQA Compliance 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 Sections 15301 (h) and (i) of the CEQA Guidelines as follows: 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail: mrosdreopenspace.org Web site:www.ol)enspace.org Board of Dire(tors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko, Betsy Crowder, Kenneth C. Nitz . Genera!Manager:L.Craig Britton Section 15301 (h) allows maintenance of existing native growth, and (i)the maintenance of wildlife habitat areas to protect wildlife resources. The tree removal, which is a component of the restoration plan for the preserve, is designed to increase the four native communities originally occupying the area(coast live oak and blue oak woodland, coastal sage scrub, and chaparral). Tree removal reduces shade and increases germination of native seedling plants requiring sun. Removing eucalyptus and acacia trees could temporarily reduce the numbers of invertebrates and birds using the area. This must be weighed against the accelerated threat of invasive vegetation to the four native communities surrounding the preserve, all of which have greater flora and fauna species diversity. The removal of eucalyptus and acacia trees does have a visual impact for preserve neighbors and visitors. As mitigation, the removal efforts are phased over time. Trees are selectively removed, leaving enough standing trees to minimize the visual impact. Additionally, grasses are seeded in fall, and native trees and shrubs seeded in spring to accelerate the regenerating capacity of the site. Prepared by: Jodi Isaacs, Resource Management Specialist Contact person: Same � � ;IokmoNo 98-21 MeetingQ8-2 Date: December g. 109G Revised � &1|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description 5207 425.00 Aaron's Septic Tank Service Sanitation Services � 5208 130.49 ADT Security Services Skyline Burglar Alarm � 5200 1O�41 AT&T Telephone Service � � 5210 204.58 Bailey's Equipment Repair Parts 5211 750.80 Barbic Roofing Company Oiabe|Tenant Roof Repair 6212 65.00 Berry's Pest Control, Inc. Enterprise Rental--Pest Control Service � 6213 30.00 Best Internet Communications, Inc. Internet Service Provider � 5214 80.28 Big Creek Lumber Lumber � 5215 4071.94 Big 4 Rents Equipment Rental 5216� 157.50 BiU'o Towing &Recovery Towing Services £217 106.85 John Cahill Rambun*ament-CeUu|ar Phone Expense � 5218 70.00 California Park and Recreation Society Recruitment Advertisement � 5219 491.20 California Water Service Company Water Service 5220 382.94 Compurun Computer Repair& Maintenance 5221 12.71 Contemporary Engraving Co.. Inc. Name Tag EngnavinO-Docent&OEL 5222 68.20 Continuing Education of the Bar Legal Publication On-Line Service 5223 512.52 Comtco Office&Field Supplies 5234 134.00 Council on Education inManagement Personnel Law Newsletter � 5226 44.13 ^1 County Tax Collector Parcel Fire Tox-Enterphee Skyline Residence 5226 635.32 Mary daBeouvienaw Reimbumemont--Netiona|Trails Conference � 5227 425.00 Dillingham Associates-Landscape Architects Jacques Ridge Staging Area Plans � 5228 495.00 The Jack Dymond Construction Co.. Inc. Dieta| Circle Ceiling Tile Repair � 5228 102.00 Emergency Vehicle Systems Vehicle Equipment Repair 5230 351�81 Expedite Signs � � 5231 640.00 Emily&Associates Planning Department Personnel Consultant 5232 16.00 Federal Express Express Mail Service � � 5233 18.84 Foster Brothers Security Service Key Copies 5234 53.58 Matt Freeman Reimburoemont-Copimeof Patrol Map Book � 5235 112.52 <3 &KServices ShopTowel Service 5238 4.14 Gordon|and Power Equipment Field Supply � 5237 113.66 GornodFmnno Bales of Straw 5238 111.85 Goodoo Press Incorporated Time Card Printing � 5239 999.08 Goodyear Auto Service Center Tlnao 5240 1103.00 (3raenbe|tAUienom/Qraon|nfo Patrol Map Books � 5241 110.84 Green Waste Recovery, Inc. Skyline DumpsterService � � 6242 43.64 GTE Wireless Cellular Phone Service 5243 87.50 Guy Plumbing&Heating, Inc. Water Heater Repoip-EnterphoeRental 5244 43.25 NonetteHanko Reimnburoennent-Fax Machine Tape 5245 1200.00 Heather Heights Road Association Annual Road Dues 5246 1200.00 HK8H. |ncorporabod Engineering Services 6347 62.08 Jodi Isaacs Reimbursement--Membership Dues 5248 225377 Jedo Publications, Inc. Printing of Rancho Map 6249 41.00 The JKAGroup Resource Documents 5250 140.04 Jobs Available Inc. Recruitment Advertisement 5251 3000.00 DovidNoasook Vegetation Map Project Consultant 5252 113.78 Lanier Worldwide, Inc. Copier Lease Tax 5263 16339.50 Lombardi Construction Skyline Shop Concrete Slab Contractor 5254 35.00 Los Altos Town Crier Subscription 5255 76771 Lucent Technologies Phone Maintenance Service Page ;Iaimo No. S8-31 yNeetngQM'2S � Date: Docember9. 1998 � � Revised KA|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ^^^" `^^.'" Lund Pearson McLaughlin Fire Protection S»"` ' "e Sprinkler System °ep="-=== Circle 5257 69.36 MADCOVVe|ding Supply Co., Inc. Welding Supplies � � 5258 22.14 Brian Malone Reimbumement-Natuna Center Supplies 5259 203.70 K8C| Phone Service 5260 154.68 Noble Ford Tractor, Inc. Tractor Hoses 5261 25000.00 North American Title Company UrnenaAuquisiUhn 5262 680.00 North American Title Company SordiAcquioiUon 5263 19.48 Pacific Bell Telephone Service 5264 939.88 Pacific Coast Seed Inc. Erosion Control Seed 5265 35.00 City of Palo Alto Parking Citation Processing 5266 18.59 Palo Alto Utilities Black Mountain Utilities 5267 91.62 Peninsula Blueprint, Inc. Printing Services 5268 55.00 °2 Pesticide applicators Professional Association Registration--P. Congdon 5280 270.82 PIP Printing Map Printing 6270 355.84 Pitney Bowes Credit Corp. Postage Meter Lease � � 5271 5531.88 Rana Creek Habitat Restoration Russian Ridge Grassland Study Consultant 5272 10.15 Rancho Hardware Field Supplies 5273 1000.00 °3 Tom Randall Reim buruement-Ranbm| Payment Agreement 5274 2290.24 Roy'o Repair Service Vehicle Repair and Maintenance 5275 793.60 Russ Enterprises, Inc. Signs 5276 521.84 San Francisco Newspaper Agency Recruitment Advertisement 5277 549.24 San Jose Mercury News Recruitment Advertisement 5278 10.00 °4 San Mateo County Public Health Lab Tick Test 5279 350.00 Richard Seymour Red Legged Frog Survey-Schilling Lake 5280 533.67 She|ton'o |nn. Culvert 5281 250.57 Signs of the Times Signs 5282 116.83 Skyline County Water District Skyline Water Service 5283 34.52 Skyxmood Trading Post Fuel 5284 24.75 Steven's Creek Quarry Inc. Drain Rock 5285 59000.00 °° Stewart Title Company Marini Land Acquisition 5286 70.00 Swift Attorney Service Service ofDocuments 5287 200.00 Taylor Rental Excavator Rental 5288 4400.00 TK.C). Conoboction Culvert |nstaUation-La Honda Creek Bridge 5289 150.00 TMG Media Group Recruitment Advertisement 5290 855.00 Tenaoaarch. |nc. Geotochnica|Sarxioee-Bhdgoa 5281 432,99 Too|and. |nc. Table Saw Guard 5292 12609.00 The Warner Group Operations Program Review Consultants 5293 75.05 West Coast ReborCo.. Inc. Rebor 5294 578.43 West Teh Supply, Inc. Netting&Staples 5295 188.79 Michael Williams Vehicle&Business Meeting Expense Reimbursement 5298 553.89 Del Woods Reimbureement--Nationo|Trails Conference Expense 6297R 800.00 Judges&Attorneyo Resolution Service, Inc. Legal Services Retainer 5298R 603.25 YNerwinA. Mace Acquisition Consultant 6299R 1623.98 Rice Trucking-Soi| Fonn FEMA Project Drain Rock 530OR 224.29 Second Cup Business Meeting Expense °^ Im The event this acquisition is not approved,this claim will not be processed. Page ! ;Iaims No. 98-21 Meeting 98-29 Date: December 9, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6301 R 3,520.60 Restroom Facilities Corporation Restroom Supplier 5302R 644.92 Petty Cash Local Business Meeting Expense, Bridge Tolls, Film, Office Supplies, Field Supplies, and Vehicle Expense Total $157,685.73 1 Urgent Check Issued December 3, 1998 *2 Urgent Check Issued December 1, 1998 *3 Urgent Check Issued November 19, 1998 *4 Urgent Check Issued November 23, 1998 Page 3 l ,[aims No. 98-21 MeetingB8-2 Date: December 9. 1B08 K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description 520/ 425.00 Aaron's Septic Tank Service Sanitation Services � 5208 130.40 ADT Security Services Skyline Burglar Alarm 5208 10.41 AT&T Telephone Service � � 5210 204.58 Bailey's Equipment Repair Parts � 5211 750.00 8orbio Roofing Company Diotm|Tenant Roof Repair � 6212 65.00 Berry's Pest Control, Inc. Enterprise Rental-Pest Control Service 5213 30.00 Boud Internet Inc. nbunm*�S�n/icm Provider� . � � 5214 9028 Big Creek Lumber Lumber � � 6215 4071.94 Big 4Rents Equipment Rental � 5216 157.50 BiU'o Towing& Recovery Towing Services � 5217 108.85 John Cahill Rmimbunaement--CeUu|ar Phone Expense � � 5218 70.00 California Park and Recreation Society Recruitment Advertisement 5219 491.20 California Water Service Company Water Service � 5220 382S4 [�ompunun Computer � � 5221 1271 Contemporary Engraving Co.. Inc. Name Tag Engraving-Docent&<]EL � 5222 68.20 Continuing Education of the Bar Legal Publication On-Line Service � 5223 612.52 Costom Offioe&Field Supplies 5224 134.00 Council on Education inManagement Personnel Law Newsletter 5225 44.13 °1 County Tax Collector Parcel Fire Tax-Enterprise Skyline Residence � 5226 635.32 Mary de Beauv|arae Reimbursement-National Trails Conference 5227 425.00 Dillingham Associates-Landscape Architects Jacques Ridge Staging Area Plans 5238 495.00 The Jack Dymond Construction Co.. Inc. Diste| Circle Ceiling Tile Repair 5229 102.00 Emergency Vehicle Systems Vehicle Equipment Repair 5230 351.81 Expedite BQna 5231 640.00 Emily&Associates Planning Department Personnel Consultant 5232 16.00 Federal Express Express Mail Service 5233 18.84 Foster Brothers Security Service Key Copies 5234 53.58 Matt Freeman Re|mbunaement-Copimoof Patrol Map Book 5335 112.52 G& KServices Shop Towel Service 5236 4.14 Ganden|ond Power Equipment Field Supply 5237 113.66 C9ornodFonnm Bales ofStraw 5238 111.65 Goodco Press Incorporated Time Card Printing 5239 999.88 Goodyear Auto Service Center Tires 5240 1103.00 Gnaenbe|tAUiance/@neon|nfo Patrol Map Books 5241 110.64 Green Waste Recovery, Inc. Skyline DumpwterService 5242 43.64 GTE Wireless Cellular Phone Service 9243 97.50 Guy Plumbing& Heating, Inc. Water Heater Repair-Enterprise Rental 5244 43.25 NonefteHonho Reimburaement-Fow Machine Tape 5245 1200.00 Heather Heights Road Association Annual Road Dues 5246 1200.00 HK8H. |noorponabed Engineering Services 5247 62.00 Jodi Isaacs Reimbursement--Membership Dues 5248 2253.77 Jada Publications, Inc. Printing of Rancho Map 5248 41.00 The JhAGroup Resource Documents 5�5O 14BO4 JobsRecruitment Advertisement � � Inc.� � 5251 3000.00 DevidNbmneck Vegetation Map Project Consultant � 5253 113.78 Lanier Worldwide, Inc. Copier Lease Tax � 5353 16339.50 Lombardi Construction Skyline Shop Concrete Slab Contractor � 6254 35.00 Los Altos Town Crier Subscription 5365 78771 Lucent Technologies Phone Maintenance Service Page 1 | ����� ---� ---� --- --- ---- --- -- -� � JohneNo 98-21 � MeetnQ8M'29 Date: December 0. 1998 � K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description � 5256 423.79 Lund Pearson McLaughlin Fire Protection Syst Fire Sprinkler System Repair--Distel Circle � 52E7 68.36 MADC<]Welding Supply Co, Inc. Welding Supplies � � 5258 22.14 Brian Malone Reimbursement--Nature Center Supplies � � 6259 203.70 WYC| Phone Service 5280 154.69 Noble Ford Tractor, Inc. Tractor Hoses � � 5261 25000.00 North American Title Company UnenaAoquioiUon � 5282 680.00 North American Title Company SendiAoquimUUon � 5263 1S48 Poo�nB�U Telephone � � 5264 938.88 Pacific Coast Seed Inc. Erosion Control Seed � � 5265 25.00 City of Palo Alto Parking Citation Processing | 5266 10.59 Palo Alto Utilities Black Mountain Utilities 5267 91.62 Peninsula Blueprint, Inc. Printing Services 5288 65O� �2 Pesticide Registration--P. Congdon � � � 5269 270.82 PIP Printing Map Printing 5270 265.64 Pitney Bowes Credit Corp. Postage Meter Lease � ! 5271 5531.88 Rana Creek Habitat Restoration Russian Ridge Grassland Study Consultant 5272 10.15 Rancho Hardware Field Supplies � 5273 1000.00 °3 Tom Randall Reimbursement-Rental Payment Agreement � 5374 2290.24 Roy's Repair Service Vehicle Repair and Maintenance � 5275 783.68 Russ Enterprises, Inc. Signs � � 5276 52i84 San �moru�mmrdAdv�die�mant � � � 5277 549.24 San Jose Mercury News Recruitment Advertisement � � 5278 10.00 °4 San Mateo County Public Health Lab Tick Test � 5279 350.00 Richard Seymour Red Legged Frog Survey-Schilling Lake � � 5�8O 53387 Sh��b�nbCulvert � Inc.� Cu|ve � 6281 250.57 Signs of the Times Signs � � 5282 116.83 Skyline County Water District Skyline Water Service � 5283 34.62 Skywood Trading Post Fuel � 5284 2475 Steven's Creek Quarry Inc. Drain Rock � � 5285 50000.00 °° Stewart Title Company Marini Land Acquisition � � 6286 70.00 Swift Attorney Service Service ofDocuments � � � 5287 2OO�O Taylor Excavator� � � 5288 4400.00 [K.C]. ComstruuUon Culvert|nstaUoUon-La Honda Creek Bridge � � 5288 150.00 TK8G Media Group Recruitment Advertisement � 5290 866.00 Tarrauoarch. |no. Geotechnico| Senioem-Bhdgem � 5291 432.98 Too|end. |nc. Table Saw Guard � 6292 12899.00 The Warner Group Operations Program Review Consultants 5293 75.05 West Coast RebarCm.. Inc. Rebmr � 5284 578.43 West Tok Supply, Inc. Netting&Staples 5295 188.79 Michael Williams Vehicle&Business Meeting Expense Reimbursement 5296 553.89 Del Woods Reimbunsement--Notiona|Trails Conference Expense � � °1 Urgent Check|mauad Oacember3. 1998 � °% Urgent Check Issued December 1. 18BB � ^3 Urgent Check Issued November 18. 19Q8 � °4 Urgent Check Issued November 23. 1Q98 � Total $157.848.40 °^ Am The event this acquisition hs not approved,this claim will not be processed. Page Regional Open . , ace 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i TO: Board of Directors FROM: C. Britton, General Manager DATE: December 9, 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,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton 12/04/98 11:49 V65C 703 POST 2001 Peninsula Open Space Trust For Immediate Release For further information: December 4, 1998 Audrey Rust or Janet Curtis, (650) 854-7696 Peninsula Open Space Trust Awarded Large Grant for Bair Island $4 Million from State Brings Critical Wetland Deal to Threshold of Completion Menlo Park, CA —In a massive show of support for land conservation, the State of California yesterday approved a 54 million grant to the Peninsula Open Space Trust (POST) for the purchase of Bair Island, The award was made possible through a new initiative of the California Transportation Commission (CTC), the Conservation Lands Program. Home to an array of wildlife, including 126 species of birds, 13 species of mammals, and 63 species of fish, Bair Island is widely considered the most important restorable wetland in the San Francisco Bay. .With only 15 percent of the Bay's wetlands remaining,Bair Island's preservation is considered especially critical for several endangered and threatened species, including the California clapper rail, the California least tem, and the salt marsh harvest mouse. Using low interest loans, the property was purchased for $15 million in May, 1997 by POST, a local nonprofit land trust. Since acquiring the property, POST has born an additional $1.44 million in interest payments and management expenditures. "Needless to say, we are delighted by the allocation of this grant," said Audrey Rust, POST, executive director. "We are grateful to Governor Wilson,Doug Wheeler, Secretary of Natural Resources,and Bob Wolf, CTC Chairman, for all of their work on behalf of this project." The financing of Bair Island comes from a variety of sources. Since taking ownership of the property, located along Highway 101 near Redwood City,POST has sought to secure$10 million in public funding and $5 million in private funding toward the cost of its purchase. In addition to the CTC grant, POST has received S3.5 million from the federal Land and Water Conservation Fund and remains hopeful for an additional Congressional appropriation of$1.5 million. POST also received $1.1 million from the State of California earlier this year.To date, POST has received contributions totaling$4.4 million from private donors, and seeks to raise an additional $600,000 to meet its $5 million goal. "With the addition of increased state funding to the pool of federal and private donations raised to date, we can truly say that Bair Island enjoys the broadest possible support," added POST's Audrey Rust. "We are thrilled to know the future of this property is nearly secure, and to see the importance of land conservation recognized in this way." Bair Island is one of several properties purchased as part of POST's land acquisition campaign, "Completing the Vision: The Campaign to Save Essential Open Space," a$28.5 million initiative to protect 12,000 acres in San Mateo and Santa Clara counties. Since its founding in 1977, POST has won permanent protection for over 35,000 acres on the San Francisco Peninsula. The campaign for "Completing the Vision" is now entering its final 12 months. 3000 Sand Hill Road. 4-135 Menlo Park,California 94025 Tel: (650) 854-7696 Fax: (650) 854-7703 %-^-VW.o;>enspacetrusi.ors Regional Open - )ace --------------------- MIDPENINSULA REGIONAL OI _v SPACE DISTRICT December 9, 1998 I Mr. David Carbone, Staff Coordinator Airport/Community Roundtable 350 Harbor Way South San Francisco, CA 94080 Fax# 650-876-7826 Dear Mr. Carbone: I'd like to applaud your continuing efforts to involve the community and local governments in the decision-making processes related to San Francisco International Airport, particularly with regard to the potential runway expansion and noise attenuation. The Midpeninsula Regional Open Space District is an independent special district with a jurisdiction including San Carlos, Redwood City, East Palo Alto, Atherton, Woodside, Portola Valley, Menlo Park, and portions of unincorporated San Mateo County south of Route 92 and generally east of Route 35. On behalf of the public, the District owns and manages over 43,000 acres of unspoiled open space lands, mostly along the "spine" of the Santa Cruz Mountains from Route 92 to Mount Loma Prieta in Santa Clara County. A significant portion of the District's open space lands are in San Mateo County, including our Ravenswood Open Space Preserve on the bay front in East Palo Alto and eastern Menlo Park. In addition,the District is currently preparing to apply for an annexation of the San Mateo County coastal area from the southern boundary of Pacifica to the Santa Cruz County line. I would like to respectfully request that the Midpeninsula Regional Open Space District, as a local government agency Within San Mateo County,be formally represented on the Ahport/Community Roundtable. I propose that one of our publicly-elected Board members be appointed by our Board to sit on the Roundtable. I feel it's important that a representative on the Roundtable has a direct interest in the airport's potential impact on these open space and natural lands, on the wildlife living there, and on the estimated one-million visitors who enjoy these lands each year. Please contact me at your earliest convenience so that we can discuss how the District might proceed in obtaining formal representation on the Roundtable. incerely, L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors Assemblyman Ted Lempert 330 Dislel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 a E-mail:mroscl@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,I(A Cyr,Deane Lillle,Nonette Hanko,Belsy Crowder,Kenneth C.Ni17 . General Manager:L.Craig lkinnn f Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 9, 1998 Mr. Tom Armstrong toma@crl.com Dear Mr. Armstrong: Thank you for your November 23 email regarding the District's proposed annexation of the San Mateo County coastal area. I apologize for the delay in responding. Your thoughtful comments are appreciated, and I will be sure to share your letter with the members of the District's Board of Directors. I agree with your comment regarding the possibility of utilizing leases to ensure continuation of agricultural use, while protecting the land from large-scale development. This is certainly a land preservation mechanism which we will be looking at very closely. In the next few weeks,the Board of Directors will be forming a coastal advisory committee to review a number of policies and make recommendations for revisions. The purpose of the revisions is to ensure that District policies of land acquisition, agricultural preservation, and eminent domain adequately reflect the geographic features and land uses in the area under consideration for annexation. These three policies have been identified as the key issues of concern for coastal land owners. Again, thank you for your email. We will be sure to include your name on our mailing list as a party interested in these deliberations. ncerely, L. C igABitton l General Manager LCB/mcs cc: MROSD Board of Directors 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 e E-mail:mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz . General Manager:L.Craig Britton Tom Armstrong, 02 :34 PM 11/23/98, San Mateo Co. Coast Return-Path: toma@crl .com Date : Mon, 23 Nov 1998 14 : 34 : 03 -0800 (PST) From: Tom Armstrong <toma@crl .com> To: mrosd@openspace.org Subject : San Mateo Co. Coast X-Rcpt-To: mrosd@openspace .org My great grandfather bought our 50 acre ranch in the San Gregorio valley in 1892 . I have farmed here since 1961, I am fourth generation on this land. My son and his wife live here . My mother lived here as a child. Our family hopes to keep the land for future generations . The ranch is in the Williamson Act . I want you to know that I supported Measure F. Most of the land in the South Coast is zoned for agriculture and as such has been well protected. I am not concerned about development pressure, I don' t think that it exists here . If MROSD does annex this area, any further degree of protection that may afford certainly could not hurt . MROSD does not have a good track record for administering agricultural lands . It appears to me that the ag lands that MROSD has aquired have been taken out of ag. As a member of the public I appreciate the trails that have been put in, and the fact that we can access places the public was never allowed before . The land is not being well cared for. The ranchers would never have allowed the yellow star thistle to take over . I believe open space and trails can co-exist with farming and livestock. The reason I supported Measure F is that it is MROSD mission to support agriculture . It was also stated that MROSD realizes its inexperience with ag lands and that it will have to come up with new guidelines if it hopes to succeed in the Southcoast . I have several suggestions to make . I feel that if land is aquired by MROSD it should be leased for agriculture . POST has aquired some lands in the area, these aquisitions have not been popular with the local people . The first thing that POST has done is to evict all of the people on the land. Land does not take care of itself, sometimes the people that are there are the logical ones to remain to care for the land. Leases can be crafted using USDA guidelines such as are used for BLM lands, to ensure that no harm comes to the land. Leases can also allow for trails and public access . Most of the Southcoast is grain land and pasture land. This type of agriculture has not been a viable business for many years, but the land represents a resource that will be needed in the future . The San Mateo Co. Farm Bureau and the ag advisory board would like the public to believe the only land worth saving is the prime soils that are used in vegetable and flower production. Fortunately land use policies realize that and the land is still here for ag use when it is needed. Farmers cannot pay an amount that in any way represents the current value of the land. Most ranches require a lot of maintainance . It seems logical to me that a lease may call for specific maintainance tasks to be Printed for Open Space District <mrosd@openspace.org> 1 Tom Armstrong, 02 :34 PM 11/23/98, San Mateo Co Coast performed by the lessor that may cancel some of the amount of rent that he may owe . In this way MROSD would not have to have highly paid maintainance personel to do this work. There are a lot of people who are interested in getting into farming that have never farmed before . I think it would be ideal if there was land available to lease that would make it possible for new farmers to get into business . j Hunting has been a way of life for many people in the Southcoast . Some long time hunting clubs have been threatened with closure when POST has aquired land. Hunting is necessary to keep the wildlife in balance and as such is well regulated by the California Department of Fish and Game . Not only would it be good for public relations in the area, but would serve the greater good to allow hunting on some of the ag lands . Again this could be done under lease . One thing that I believe MROSD can do is administer historic properties . A few years ago the owner of the San Gregorio House passed away and the property was put up for sale . The San Gregorio House was built in 1865 and is listed on the National Register of Historic Places . Myself and a small group of concerned local people tried to save this place as a community resource and open it to the public as a living history site . Unfortunately our efforts were in vain and the property was sold to private interests . If MROSD had been here then, perhaps the place could have been saved. i Thank you for taking the time to read some of my ideas . Please pass this message alongto others within MROSD. I i Tom Armstrong toma@crl . com Se uera Ranch s . 1892 San Gregorio, CA Barnyard Technology--- Ideas for tomorrow -> from yesterday' s scrap. 4th -> 5th gen. on family farm. Can Ag Sustain? A host town fights its way back. . htt www. crl . com -toma g g Y P /1 / / Printed for Open Space District <mrosd@openspace.org> 2 Regional Open X ace ~ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: December 8, 1998 TO: C. Britton, General Manager FROM: M. Smith, Public Affairs Manager RE: Commission on Local Governance for the 21 st Century On December 2, I attended a public hearing in San Jose convened by the Commission on Local Governance for the 21 st Century. Here is a synopsis of my notes. This 15-member commission was formed by the legislature last year to: "...complete a study of potential revisions to the policies, practices, and statutes that govern city, county, and special district boundary changes," including LAFCO issues; to examine the causes and effects of boundary decisions with regard to "adequacy of representation, levels of service, fiscal stability, and land use, and the effectiveness and efficiency of local government service delivery in general." The commission is holding a series of public hearings throughout the state, to conclude by December 31, 1999 with a final report to the legislature. As vice-chair of the Commission, Ruben Barrales chaired the meeting. The primary presentation in the morning was by Fred Silva, who was formerly the staff person for the California Constitutional Revision Commission(CCRC, which as you recall had some fairly burdensome recommendations in regards to special districts and property tax distribution). Apparently, Mr. Silva is continuing to advance the concept of the CCRC recommendations, which failed in the legislature in 1996-1997. The Commission seemed open to hearing his views, and in possibly incorporating some of them into its own future recommendations. His views are definitely biased against special districts. Paul Lewis of the Public Policy Institute of California provided a number of interesting statistics regarding local governments. He also described his theory of"fragmentation" of services of local governments, that is, the division of responsibilities and powers among separate local government entities. He pointed out that there are both positive and negative impacts of "fragmentation" vs. centralization of such services, and that the degree of fragmentation was not changed by Proposition 13. In fact, such local government structures often result in a more efficient provision of services than would a centralized entity. In addition to 58 counties in the state, there are 471 cities and 4,874 special districts. In comparison to the rest of the United States, California's local government structure is not as complex as one might guess, given its status as the country's most populous state. In fact, California has less local governments per capita than any of the other 49 states. Representatives of San Jose, Santa Clara County, and Santa Clara County LAFCO spoke of the positive relationship between these entities in regards to growth and urban service boundaries. 310 Distel Circle d Los Altos, CA 94022-1404 a Phone: 650-691-1200 FAX: 650 691-0485 . E-mail: mrosdrsopenspace.org Web site:www.openspace.org Board of Oirector,:Pete Siemens,Mary C. Davey,led C'vr, Deane Little, Noncite H anko, Betsv Crowder, Kenneth C. Nit/ . Gcnera/,41 rn,ge i L Crait;Britton Job growth projections show California leading the nation. Venture capital funding is at an all- time high in the Bay Area, with nearly $4.5 billion projected for 1998. Affordable and available housing and transportation issues continue to be the key impediments to continued economic growth. A representative of the California Association of Councils of Governments spoke about regional planning issues. His perspective was that "thinking regionally is an un-natural act for local elected officials," and that this must change in the future. He said that California is 50th in the country in transportation spending, and that until additional funds are made available for transportation projects, that issue would continue to be an impediment to economic growth. Finally, several representatives from the City of Watsonville expressed their perception that Santa Cruz County LAFCO's refusal to allow annexation into the agricultural land surrounding is the root of a number of economic problems in that city. Tom am bell * * * *U.S. CONGRESS * * * * * * December 3, 1998 Ms. Betsy Crowder President, Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Ms. Crowder: Thank you very much for the congratulations you sent to Congressman Campbell on his j reelection. He is out of the country on a trip related to his work on the International Relations Committee and we felt it was important to acknowledge your good wishes in a more timely fashion than to wait for his return. You can be certain that the Congressman will continue to take a consistently reasoned and ethical approach to each issue that is presented. If you have information which you feel he should have to enable him to reach a conclusion, please be sure that it is transmitted to one of his Legislative offices. Thank you again for your congratulations. Sincerely, Amber Henninger Campaign Manager DEC 7 TOM CAMPBELL FOR CONGRESS 1875 S. Bascom Avenue, Suite 116-167-Campbell,CA 95008 Tel.(650)856-6274 Fax(650) 855-9459-ID#C00306753 Paid for by Tom Campbell for Congress I Board of Supervisors BOARD OF SUPERVISORS RUBEN BARRALES .� RICHARD S.GORDON MARY GRIFFIN TOM LIENING MICHAEL D.NEVIN M+ ; JOHN MALTBIE COUNTY OF SAN MATE O CLOERK OF SHE BOARD COUNTY GOVERNMENT CENTER • REDWOOD CITY • CALIFORNIA 94063-1655 (650)363-4653 WEB PAGE ADDRESS:http://www.co.sanmateo.ca.us FAX: (650)599-1027 December 1, 1998 Keith Steinhart Project Officer, Local Services Section, Dept. of Parks and Recreation P.O. Box 942896-001 Sacramento, CA 94296-001 Re: Support for Recreational Trails Program Grant Application (Jacques Ridge Staging Area) I am writing to express my strong support for the Midpeninsula Regional Open Space District's Recreational Trails Program application for a $90,000 matching grant to construct the Jacques Ridge Staging Area for the Bay Area Ridge Trail at the intersection of Hicks and Mt. Umunhum Roads. This grant will provide a staging area for access to trails, including the Bay Area Ridge Trail, in both the District's Sierra Azul Open Space and in Santa Clara County's Almaden Quicksilver Park. Once completed, this will be the first official public access point for the 13,624-acre Sierra Azul Open Space Preserve, representing a major milestone in public access for this area. The projectparking ar j consists of a kin area, restroom, and trail improvements to the Bay Area Ridge Trail including drainage facilities and a safe trail crossing at Hicks Road. Completion of this project will result in a large gain in public recreational opportunities for a relatively small cost. By creating a staging area that links the County Park and District preserves, it will allow a continuous 17.9-mile segment of the Bay Area Ridge Trail to be opened to public use. This multiple-use trail will traverse the entire Sierra Azul range from the Almaden Valley to Lexington Reservoir, connecting with extensive trail networks in the park and preserve, and including links to residential areas. This segment of the Ridge Trail is expected to be heavily used due to its scenic qualities and accessibility. i 1 I I i I December 1, 1998 Keith Steinhart Page Two Construction of the Jacques Ridge Staging Area will help meet the recreational needs of a very large urban population (over 1.5 million residents in Santa Clara County alone.) I urge you to ensure that a Midpeninsula Regional Open Space District receives funding for this important access project. Sincerely, Tom Hue mg, Pr ident San e ounty Board of Supervisors i TRAIL CENTER Trail Information and Trail Volunteers for Santa Clara,San Mateo, Santa Cruz & San Francisco Counties December 2,1998 Keith Steinhart Project Officer Local Services Section, Dept. of Parks and Recreation P.O.Box 942896 Sacramento, CA 94296-001 Re: Support for Recreational Trails Program Grant Applications (Jacques Ridge Staging Area) Dear Mr. Steinhart: I am writing to express my strong support for the Mid peninsula Regional Open Space District's Recreational Trails Program application for a$90,000 matching grant to construct the Jacques Ridge Staging Area for the Bay Area Ridge Trail at the intersection of Hicks and Mt.Umunhum Roads. This grant will provide a staging area for access to trails, including the Bay Area Ridge Trail, in both the District's Sierra Azul Open Space Preserve and in Santa Clara County's Almaden Quicksilver Park. Once completed, this will be the first official public access point for the 13,624-acre Sierra Azul Open Space Preserve, representing a major milestone in public access for this area. The project consists of a parking area,restroom,and trail improvements to the Bay Area Ridge Trail including drainage facilities and a safe crossing at Hicks Road. Completion of this project result in a lacost. gain in public recreational opportunities for a relatively small By creating a staging area that links the County park and District preserves, it will allow a continuous 17.9-mile segment of the Bay Area Ridge Trail to be opened to public use. This multiple-use trail will traverse the entire Sierra Azul range from the Almaden Valley to the Lexington Reservoir, connecting with extensive trail networks in the park and preserve, and including links to residential areas. This segment of the Ridge Trail is expected to be heavily used due to its scenic qualities and accessibility. Construction of the Jacques Ridge Staging Area will help meet the recreational needs of a very large urban population (over 1.5 million residents in Santa Clara County alone). I urge you to ensure that the Midpeninsula Regional Open Space District funding for this important access project. Regards, Dea Smith DEC 4 �� President, Trail Center 3921 E. Bayshore Road,Palo Alto, CA 94303 (650) 968-7065 Murenove,Inc. V(650)726-8494 W 11/23198 �_T)9:35 PM ili RL - COAST ADVISORY COLINCI[ 9 1 oo LOBITOS C RUCK ROAD HALF MOON BAY, CA 94019 (415) 796,8495 Michael Murphy Chairman November 23, 1998 Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 via fax (650) 691-0485 Dear Directors: I would like to be appointed to the coastal advisory committee reviewing the District's eminent domain policies before any further steps on annexation. As you know, I was the leading opponent of the current policies and I live in the affected area. It is common for an advisory group to reach out to include all sides of an issue. With 57%of the voters in the rural area and 45%overall supporting my position, my inclusion on the panel would signal an unbiased effort to get to a consensus. I have been a Sierra Club member since 1970 and am a certified permaculture design consultant. I understand the issues that need to be addressed to keep farming economically viable in the future. I believe the current eminent domain policy can be modified to cover the intense, Daly City-type development that some Measure F supporters fear, while not unnecessarily threatening family farming and a healthy rural economy. Very truly yours, Regional Open ', .ice 1 i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: December 4, 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.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 Regional Open I , -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM December 1, 1998 TO: Board of Directors FROM: L. Craig Britton, General Manager SUBJECT: 1998-1999 Mid-Year Action Plan Update At your April 8, 1998 meeting, you approved revisions to the Action Plan process (see report R- 98-45). The new process includes an informal, mid-year progress report on the current fiscal year Action Plan, to be provided to you in October or November. Attached is the mid-year progress report on the status of the 1998-1999 Action Plan projects. The report focuses on the key projects for each program, and includes status on other significant or new projects, as appropriate. i 130 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 - E-mail: mrosd@operispace.org Web site:www.openspace.org Board or Directors Pete Siemens,May C_.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager t.Craig Britton STATUS OF KEY PROJECTS - ACQUISITION PROGRAM Negotiations and Special Projects Suh=zram 1 New Land Commitments - The District has acquired approximately 500 acres of open space lands during the first half of 1998-1999 fiscal year, including the 173.5 acre POST(Corte Madera) property as an addition to the Windy Hill Open Space Preserve, the 43 acre Aitken et. al. property as an addition to the Russian Ridge Open Space Preserve, the 24 acre Grainger/Monsen property (former Sherrill property) as an addition to Monte Bello Open Space Preserve, the 160 acre Lindner et. al. and 83.52 acre Faucher properties as additions to Sierra Azul Open Space Preserve. 2. Pursue Key Acquisitions - The District acquired the 173.5 acre former Corte Madera Associates property from Peninsula Open Space Trust(POST) as an addition to Windy Hill Open Space Preserve. The original Corte Madera Associates property was 204 acres and nearly surrounded by the Windy Hill preserve. POST sold off a 23 acre site for an additional home and a 7.5 acre parcel to be added to an existing private inholding. This allowed the remaining 173.5 acres to be acquired at the discount price of$79,500 which covered POST's engineering, legal and holding costs. 3. Grants, Gifts, Bargain Sales and Joint Acquisitions - The acquisition of the Aitken et. al. property as an addition to the Russian Ridge Open Space Preserve was purchased on a Bargain Sale basis at $175,000 below its appraised value. Save-the-Redwoods- League has committed $400,000 towards purchase of properties completing trail connections between Long Ridge Open Space Preserve and Portola State Park. 4. Alternative Acquisition Methods - The District entered into a 3 way exchange agreement with POST and Charles Keenan whereby the District acquired the 173.5 acre former Corte Madera Associates property, POST has an opportunity to purchase the 490 acre Pelican Timber property adjacent the Forest of Nisene Marks State Park in Santa Cruz County, and Mr. Keenan has the opportunity to acquire the 36 acre Summit Springs surplus parcel at Teague Hill Open Space Preserve. The acquisition of the Aitken property at Russian Ridge involved a reconfiguring the open space property to include a scenic ridge line and potential future trail corridor, while increasing the existing home site from 4.5 acres to a 6 acre inholding but subject to development restrictions. The District has signed purchase agreements for the 1/2 interest in the 80 Nead et. al. property as an addition to Long Ridge Open Space Preserve, and the 1/4 interest in the 52 acre Sardi et. al. property as an addition to Sierra Azul Open Space Preserve. En rise Sub=gram 1. Administer Enterprise Accounts - Two Black Mountain communication leases (Stanford and EROW) were renewed at current market rental rates for a combined increase of$1,435 per month. The former Loral site was released to the Association of Continuing Education with a monthly increase of$1,100 per month. Residential rental units continue to be popular with a low vacancy rate. 2. Maintain Rental Structures - The roofs for the Purisima Creek Ranger residence and Hosking barn apartment at El Corte Madera Open Space Preserve were replaced this 1 summer. The former Bean residence at Long Ridge Open Space Preserve was tented and fumigated for termites. 3. Administer Historic Leases - The Historic Picchetti Winery lease was assigned to Leslie Pantling and Thomas Kreidler. Ms. Pantling and Mr. Kreidler have secured the original Picchetti name for their new winery operation. Jim Steinmetz continues to clean up and improve the former Thornewood residence on a month-to-month basis, including the rebuilding of the rear balcony and stairs. 4. Assess Economic Viability of Rental Properties - The Sink and Barlow residences at Sierra Azul Open Space Preserve were approved for demolition and site clean up helping to restore these areas of Mt. Umunhum to a natural condition. STATUS OF KEY PROJECTS- PLANNING PROGRAM A detailed status report of the Planning Work Program is attached. It identifies the current status of all approved Planning Work Program projects, including the Action Plan key projects. Additional planning activities are outlined below. Planning Team Development: The staffing identified in the FY 98/99 Action Plan is now fully implemented. The hiring process was completed in August when Ana Montano started as a Planning Technician, and John Cahill filled the Open Space Planner H position. The Planning Team is currently working with consultant Emily Jarosz to improve the team's organization and efficiency in managing and completing its work. Ms. Jarosz completed an g Y 8� g P g p assessment of the Planning Team development, identifying areas of needed training and assistance. Ms. Jarosz will continue to work with the Team and Team co-leaders to provide the necessary training during the remainder of the fiscal year. Unanticipated Projects: Planning staff has been very involved with unanticipated projects not listed on the Work Program. Staff estimate these projects have required about 35% of the available staff time. The projects include interdepartmental assistance for District legal counsel with pending litigation(6 cases). Planning staff has provided support to the acquisition program in the form of conducting research and preparation of acquisition staff reports(Faucher, Lindner, Lanphear, Sardi), preparation of graphic exhibits, and reviewing planning issues related to District leases. Encroachments and Permits-to-Enter: This year has seen an explosion in the number of encroachments and permits to enter onto District preserves. Planning staff has participated in resolving 12 encroachment issues ranging from clearing of vegetation to unauthorized grading operations. Permits to enter have also been negotiated and issued for two special uses, one each at Ravenswood and Windy Hill Open Space Preserves. Another permit to enter is currently being prepared for Pacific Gas and Electric Company activities on District lands. Land Management Support: Other unanticipated planning projects include use and management plan amendments for a founders' memorial, changes to the patrol road layout at Long Ridge, improvements to the Spring Ridge picnic area at Windy Hill, and improvements to the Black Mountain backpack camp at Monte Bello. Staff has spent a significant amount of time assisting with the selection of a consultant to help with the coastal annexation process, a project that will most likely continue for some time to come. Capital Improvement Projects: The scope has changed on some of Planning's key projects, thereby delaying completion. The bridge repair projects at El Corte de Madera Creek and Purisima Creek Redwoods Open Space Preserves are pending completion of a road and trail assessment study, currently underway at both preserves. The Rancho field office shop building seismic upgrade requires resolution of use issues prior to submittal for a building permit. Since the permit process can be time consuming, it is unlikely the structural repairs can be completed this year. The Reynolds Road employee residence project has been expanded to include a site assessment of a variety of locations in the general area. The site assessment is currently underway 3 and will be presented to you upon completion, along with costs associated with developing an employee residence. Long Range Planning: Further unanticipated work is required on the Windy IEII dog access study. The primary impact of the unanticipated work has been on Advance Planning projects, including the Regional Open Space Study Priorities and Trail Use Guidelines Review. These assignments have received only a small percentage of the time that was anticipated. 4 STATUS OF KEY PROJECTS- OPERATIONS PROGRAM Field Operations Sub-Program 1. Operations Program Review - The consultants are completing work on this project. Work completed during the first half of this fiscal year includes: completion of the comparable agency survey, assessment of current practices, analysis of the program and services, development of the service delivery models and drafting of the final report. The consultant is expected to deliver the final report by early November. 2. Interpersonal Communications Skills Development- The District-wide Team Agreements were completed in June and a kick-off event was held which included a staff produced video. Training in Influencing Skills was provided for new employees and a committee has begun work on the performance standards for supervisors. 3. Operations Manual Update-Different formats are being investigated for revisions of this document. This project has received lower priority due to the amount of time required to work on the Operations Program Review. 4. Restoration and Mitigation of Off-Trail Impacts of Public Use-A field staff committee is working on creating a standardized design for barriers and is making recommendations on signage and restoration methods. Resource Management Sub-prograrn 1. Grassland Management Implementation Plan -During this second year of the project, 57 sheep and goats were rotated in the 10 acres of the study area on Russian Ridge Open Space Preserve. A 60 acre controlled burn was held which helped to control yellow star thistle and various other invasive species and provided valuable wildland fire training for District staff and other agencies. Restoration treatment has begun in the burn area. 2. Watershed Assessment- Coyote Creek Riparian Station was hired to work in El Corte de Madera Open Space Preserve to assess water quality and the condition of Steelhead habitat. The work will be correlated with a study being conducted by Geologist Tim Best and report is expected to be completed by JanuarY, 1999. 3. System for Mapping Resource Inventory -Intern Dan Sidle is researching mapping techniques and doing a field check of vegetation mapping methods on District land, in the Mindego Hill and Los Gatos U.S.G.S. quadrangles. The next step will be to inventory and record key flora, fauna, natural features and biotic communities, especially focussing on rare and endangered plant and animal species. Other Significant Proiects: 1. The winter"El Nino," storms had a tremendous impact on the District's trail systems. Extensive work has been done to restore storm damaged trails. Only the Methusala and Virginia Mills Trail at El Corte de Madera Creek Open Space Preserve remain to be opened. These have significant riparian corridor issues which will need to be addressed. A large section of the Cora Older trail at Fremont Older Open Space Preserve had to be 5 re-routed due to storm damage. Extensive seeding and slide repair work was done on many trails. 2. A gasoline tanker overturned on Skyline Blvd. Staff action helped to ensure that the 6,500 gallons of gasoline on board was safely unloaded, with little environmental damage to El Corte de Madera Creek Open Space Preserve. Staff is overseeing the remaining clean up work. 3. The lower Windy Hill Parking lot was completed and opened to the public. 4. The new style of signing for staging areas and map boxes have been installed. 5. Handicapped parking designators have been installed in preserve parking lots. These will help visitors to differentiate between regular and handicapped parking areas. 6. Due to the presence of lead-based paint and asbestos, the employee resident on Mt. Umunhum is being relocated to private housing, while a new employee residence is planned for, approved by the Board, and installed in the Sierra Azul area. 6 STATUS OF KEY PROJECTS-PUBLIC AFFAIRS PROGRAM General Public Information and Outreach Sublrogram 1. Kids' Art of Open Space- Schedule and coordinate the fifth event to take place no later than March 31, 1999. Status: Partly due to the departure of the key liaison person at the Community School of Music and Arts(CSMA), we have decided to cancel the event for at least one year, re- focus the event's objectives, and develop a new type of event that reaches a similar audience, either with or without CSMA participation. 2. Review of District Graphic Image-Review the District's_overall graphic image, including letterhead, newsletter masthead, and District logo, make recommendations for revisions and improvements, and implement any changes by March 31, 1999. Status: A staff brainstorming session will be scheduled for November to review the District's materials and graphic image, analyze them for consistency, aesthetic appeal, usefulness, and recognition, and make recommendations for changes(to be brought to the Legislative, Finance, and Public Affairs Committee). 3. Annual Report-Publish a District 1997-1998 Annual Report by May 29, 1998, followed by three regular issues of Open Space News. Status: The Annual Report was completed and distributed on time;the newsletter publication process is also on schedule. 4. Community Outreach Volunteers -Fully implement a program of selecting and training volunteers to staff District displays at community events, by March 31, 1999. Status: This project was completed ahead of schedule, and the volunteers were successfully utilized for several events during the spring and summer of 1998. A review of the program and survey of the participants is underway. Legislative-ative- Funding' and Organizational Relations Subprogr 1. Coastal Preservation Effort-Work with the general manager and an Ad Hoc Committee of the Board toward a possible proposal for District expansion to the San Mateo County coast, and all related tasks and activities to include possible funding measures. Status: This project is on-going, and involved a great deal of activity from public affairs, prior to the measure being placed on the ballot. A number of Board reports and resolutions were prepared, community meetings set up and staffed, and correspondence written on this issue. 2. Funding for Mount Umunhum Clean Up -Develop and implement a legislative strategy to obtain Federal funding toward clean up of the former Almaden Air Force Station at Mount Umunhum, in the Sierra Azul Open Space Preserve. Status: U.S. Representative Tom Campbell was taken on a tour of the Mt. Umunhum facilities, and he expressed an interest in helping. We are in the process of contacting the office of Senator Boxer to try and determine the methodology used in the Federal funding for cleanup of Mt. Tamalpais. 7 3. Other Lobbying Efforts -Work with the general manager and the District's Sacramento lobbyist to preserve current and future state funding for the District, and to carry out elements of the District's legislative plan. Status: Good progress was made on a number of items from the legislative plan(tracking specific legislation, sponsoring AB 1366 [Lempert], and co-sponsoring SB 1048 [Sher]) 4. Protection Of District Funding-Work with East Bay Regional Park District to provide for long-term protection of District funding, including possible modification of appropriate Public Resources Code sections. Status: East Bay Regional Park District, as the lead agency on this issue, has not moved forward with legislation on this issue, due to the political uncertainty in Sacramento. 5. Regional Funding-Work with the Bay Area Open Space Council, San Mateo County, the Planning and Conservation League, and others to develop and support potential regional or other alternative funding mechanisms. Status: The District was the genesis for developing the most viable potential funding tool, the Bay Area Program, via SB 1048. We continue to work with PCL towards a state- wide funding measure. The San Mateo County funding measure was vetoed by the governor, but an attorney general's opinion indicates that the County may be able to go forward if directed by the Board of Supervisors. Visitor Services Subprogram 1. Kids' Nature Express-Develop funding to be used for District transportation assistance for schools utilizing the Outdoor Education program at the Nature Center. Status: So far, funding has been raised for one bus to be subsidized; we continue to seek outside funding for this program. 2. 1998 Special Districts Forum-Work with East Bay Regional Park District and Open Space District staff in planning and implementing the 1998 Special Districts Forum, which the District will co-host with East Bay. Status: The District successfully implemented its portion of the Forum. 3. Environmental Education - Continue to implement and improve the District's environmental education program for school children. Recruit and train additional Outdoor Education Leaders to accommodate more school groups. Investigate methods of providing disadvantaged school classes with transportation to the field trips at Skyline Ridge. Status: The Spaces&Species program has shown great success. The schedule fills up very quickly, and we consistently have a waiting list. Teachers have given much positive feedback. There is a current training program in process for an exciting new group of Outdoor Education Leaders. 4. Daniels Nature Center-Work with planning staff to finalize design and installation of exhibits. Develop and set up seasonal and temporary displays. Recruit and train volunteers to staff the nature center at least one weekend day per week, and hire a seasonal employee to assist in meeting staffing needs. Status: Interior exhibits are complete; exterior exhibits are expected to be completed in 8 spring, 1999. The center's schedule for public availability has been expanded this year to include both Saturdays and Sundays. 5. Crew Leader Training-Implement the crew leader training program for Preserve Partners volunteers. Status: The program was implemented in spring, 1998, and continues to run smoothly. It will be evaluated next year to determine possible improvements and whether additional volunteers need to be solicited. 9 STATUS OF KEY PROJECTS -ADMINISTRATION PROGRAM Administration/Human Resources Subprogram 1. District Funding-We are working with District Legal Counsel, Controller, and underwriters Stone and Youngberg and bond counsel toward an additional note issue this fiscal year. Interest rates are very favorable and District income is up, so the prognosis is good. It is expected that a new note issue will be recommended in December. 2. Human Resources - A two and one-half day influencing skills training course for new employees was presented by Art O'Neal. We are currently working with a staff committee on the next phase of the communications improvement program, which is to develop supervisory performance standards that will apply to all District supervisors and managers. Labor negotiations are currently in process to revise the evaluation, discipline, and grievance sections of the contract. Work is continuing with the Planning Team and a consultant to provide training and support for team development. We have provided personnel support and employee relations services for numerous personnel matters. We have recruited for and filled the Planner I, Planner H, Planning Technician, and Docent Coordinator full-time regular positions, as well as recruited for and filled eight seasonal open space technician positions. Recruitment for the Ranger and Research Attorney positions is currently underway and is expected to conclude with hirings in early 1999. 3. Elections -We coordinated necessary election services and activities for Wards 1, 2, 5, and 6. The appointment process for the Ward 4 vacancy was also completed, including scheduling informational meetings with managers for newly appointed Director Little. 4. Coastal Expansion -We worked with the Coastal Ad Hoc Committee to develop a specific action plan for the potential expansion. Community meetings were held on the coastside to gain input from residents. We worked with Public Affairs to produce the necessary board reports, resolutions and correspondence on this issue. P P Legal Subprogram 1. steal Property Provided legal advise and research on acquisitions to date and the PROGRESS: g following additional principle projects: • Encroachments: Preliminary settlement of Ireland encroachment(Sierra Azul Open Space Preserve); litigation concerning illegal tree-cutting at Thornewood Open Space Preserve filed and proceeding. • Easements: Litigation of disputed issues regarding Richard life estate(Thornewood Open Space Preserve) and Portola Park Heights Road (Long Ridge Open Space Preserve) ongoing. i 10 • Permits to Enter: Settled dispute with CalTrans concerning grading on Thornewood Open Space Preserve, 2. Risk Management PROGRESS: Provided oversight and legal advice in ongoing personal injury/tort litigation; handled insurance coverage analysis and coverage disputes regarding these suits. 3. Human Resources Provided advice and negotiation regarding coastal annexation issue and LAFCO procedures. 4. Coastal Expansion Provided advice and legal research regarding the coastal annexation issue and LAFCO procedures. 08104/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 199811999 Project Preserve Staff Project Description Tasks Adopted Status as of September 25, Fiscal Year 98-99 1998 v. ................. .......................... ................. ...... ................. ...... ...... .................. ............ ........ ......... o. 4i Ran A I L, n Ra ...... ........ .................... .............. ........., Ahn ng�iii�i���Iiii ....... ..................... ................... ........... .......................- ............. .......... c Systern for Land Use Decisions District-wide Randy complete a ad of policies and Prepare multi-year scope and schedule Progress through Basic Policy update, (Multi-Year Goal) AD proosdurn to guide planning and through workshops with staff and analysis and review In Regional Open ma decisions and actions, Board. Supported by other projects as Space Study process clearly Inked to and supporting noted below. Basic Policies. C Medium-Terre Greenbelt Strategic Plan District-wide Randy A detailed rriap mid quantification of Pnqmn rnuffi-year scope and schedule Regional Open Space Study map and (Multi-Year Goal) AN projects to achieve desired state of through workshops with staff and financial analysis provide bass info. District In 5-10 years.Coordinated Board. Supported by other projects as list of staff projects and activities, noted below. incl.resources and budgets for each year to implement plan. C Regional Open Space Study PrWfin District-wide Randy conceptual planning study to guide Study alternative rriedurri-term ROSS map Wornistion partially converted (Supports Strategic Plan Goal) Matt District towards a long-term vision acquisition and public access to GIs format;digital wall map draft AN of the greenbeft. scenarios-determine prefererim and completed,reviewed and revised. Public priorities. Convert ROSS maps and meetings anticipated to begin in winter. data to GIS format to facilitate shades. ................ ......... nd ........................ lAnni Poly A, �TMOdUMR C Trail Use Policy&Guidelines Review District-wide Dal Scoping and public process to Scoping and public process to review Board ad hoc committee created. (Supports Systwn for Land Use John E. review and revise policim based on and revise policies and guidelines. Meetings with committee underway to Decisions Goal) Mary growing experience with trail use scope project and process. 1planning. Statusl 1 Page 1 i 08104/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Tasks Adopted Status as of September 25, Project Preserve Staff Project Description Fiscal Year 98-99 1998 C Resource Evaluation Procedures DisMct-wide Matt policies and proceduresfor Discuss, ,and test methods of Case study underway to identify (Supports System for Land Use Jodi factoring nuances Into land use assessing resources and identifying resource criteria and standards it*need Decisions Goan Randy and management needs and constraints. to be factored into planning projects. Pilot projects include Purisima Cr Road (party completed)and ECM Watershed Assessments and Natural Resource Inventory. H San Mateo County PemAft Pros Regional Randy Develop a stream-wed permitting Worts with County staff to clarify roles Two meetings held with County Planning Mary process with San Mateo County. and lilies;obtain necessary staff to discuss issues and approaches permits for capital Improvement working towards defining a'mastsr projects In County. perrniC FEMA project Identification and Purlsims and ECM reed inventories support this objective. H Rock Climbing Policy District-vine Mary Develop policies to apply to all Complete public review prods of Policies in preliminary draft state. Need to District preswves. draft policies. Hoard adoption. be reviewed by Legal Counsel,staff prior to rmd public meeting. M Recycled or Certified Wood Product Use District-wide All Consider use of recycled wood Consider use of either recycled or Implemented when appropriate. products or scientific certified wood certified wood products In preparing products for all construction specifications for construction projects. projects• R tonal �> Prt �krve Rlannln H Rancho de Guadalupe Use and Sierra Azul Jodi Prepare Comprehensive Plan with Complete pond management ply Pond investigations currently underway Management Plan,including Risk Mt. Del Trails Element and RMP(for Cherry(Operations)and Interim Use and under Jodrs direction. Tamara Kan's Management and Pond Managernent Umunhum Springs Pond). Include Risk Management Plan for Initial public resource inventory complete. Plan Management Plan for mire shaft access. and tailings area to provide security. i Status1l Page 2 08/04/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Adopted Status as of September 25, Fiscal Year 98-99 1998 ...... ..... r. - , % , % -. , . ........11"? K0A xM * IMM NM - 1 l WX0 VI-. 0 ? C Acquisition Support District-wide Del Assist Acquisition as needed with Assist as needed. (Delete: digitze Prepared Board reports for Faucher, Doug prWarstion of staff reports, District and private parcel information; Lindner,Lanphear,Boehm acquisitions; Matt consideration of planning Issues create maps). assisted with Need and Alma College Randy related to acquisitions,preparation acquisitions. Evaluated Barlow,Sink,and of graphic e)"bits. North structures for disposition policy review. Prepared graphic exhibb for all acquisitions. C Land Management Support General All Assist Operations,Acquieftim,and Assist as needed,plus specific U&M Amendments for Long Ridge patrol Legal in researching and projects as noted below mad realignment,Spring Ridge picnic responding to use proposals and improvements,Morris Bello backpack problems,encroachments,etc. camp CUP revislons. Attempting to resolve neighbor Issues(Le.,Portola Park Heights Issues,Jikoji,Neely,Slobs). Working w/agencies to secure permission to install necessary signage along Page Mill/Skylins. Provided research and support for litigation (Aoshell,1391 La Honda,Diesel, Rkttard),engineering assessment for Old Ranch Rd.at WH,Thompson Road at Coal Creek,permit to enter for PG&E at Slerra Azul. C Resource Inventory System (Supports District-wide Jodi Assist Resource Specialist to Develop base maps,begin collecting Acquired base maps and a variety of System for Land Use Decisi"GoaQ Matt develop methodology and projects information for a resource Inventory of resource planning data(see GIS Randy for the inventory of key flora,fauna, District preserves,and design Development project). Prepared list of and natural communities using GIs resource inventory database. target species and communities to data&technology,volunteers, Inventory. Developed vegetation mapping special interest groups,intems and system and hired Intern to field-check consultants. draft veg maps.Purlsima and ECM road Inventories support project objective. I I I Statusl I Page 3 08104/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Adopted Status as of September 25, Fiscal Year 98-99 1998 H Public Affair Support General All Assist Public Affair with events, Assist Public Affairs as needed, Participated In presentations during piesentatlons,and genstal Including on a one-clay workshop Special District Forum. Revised brochure information. overview of District lands and asps for several preserves. Review of managernert Issues at Special District Visitor's Guide completed. Forcun,and other specific projects as noted below. H Study Expansion of District Boundaries to Regional Dal Assist Administration with land and Working with cor>:ultaants,assist with Attended Public workshops,provided Include the San Mateo Coast Randy financial studies regarding potential studies towards Inclusion of San Mateo public Information and presentations, eirparsion of District boundaries to County Coast within District prepared request for consultant Include the San Mateo County boundaries. Projects could Include qualifications,researched potential Coast. Master Plan revisions,ROSS consultants,and assisted In selection Pam. H Summit Springs Surplus Property Teague Hill Randy Support Acquisition on disposition Provide support as needed. Prepared draft trail and open space of surplus property. easements and fleid checked potential bsfl alignments. H Pints Way Surplus Property Teague Hill Randy Support Acquisition on application Coordinate with real estate consultants Coordinated preparation of drainage study for lot lane adjustment,disposition of and provide support as needed. and revised sidnlblts requested by Town of surplus property Woodside. H New Grant Applications D -wkie Del Assist Administration Dept.with As needed,assist with new grant Submitted grant applications for ECM Doug new grant applications applications. Typical tasks include Trail Plan Implementation,Pkxhattl All map preparation,scoping project,cost Ranch winery seismic upgrade. Peery estimates. acquisition grant underway. H Historic Residence Lease Thomewood Mike Support Acquisition in long term Assist In preparation of a Request for Randy disposition for historic Thomewood Proposals,review for long term lease House. historic structure. M Wetlands Restoration Ravenw000d Jodi Restore pond to tidal action and Continue negotiations with Rune- Coordinating project start-up. Randy restore to marsh. Poulenc. Complete agreement for Matt project implementation. M Brochure Review Process District-wide Malcolm Assist Public Affairs In developing Develop questionnaire,solicit input and Discussions to combine the efforts of this Doug and administering a questionnaire to evaluate data. survey with others pertaining to users. solicit public input to improve site brochures. Status1l Page 4 I 08/04/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Tasks Adopted Status as of September 25, Project Preserve Staff Project Description Fiscal Year 98-99 1998 H Patrol Map Books General Rancor Credo nap boot of all District lando Complete map acts. Project is a carry- Final edits in prods prior to Matt and Improvements for field staff over from FY 97/98. rep ulticttim. use. .. .:. --�v- v......:.....is: :::i;}:•}}}•r}»•:'iv.::.:xrr.:.r",;.Fv.:.ieb:}'r.•..':±i..v:...:::;,.::..}:.:v: •:v:::: . , .. .v r. ..............: r.;.r ::..... .........v'9 v}:.,:v:}•n::,?i�.4'ti:v .nt,... .:. .: • .. ». ... ..............r:�:�f.., ........ r r:..r. :.r.. .. ..rv.,..... 4'4 v..4,A.. :v..,.4... ••4... �4.:4'•} 4., ,4..,. .h., ...{+ ,'{.l'}:[tijjti::: .:t:, ,..''4'`,., ..4.k4.,•,:vr:., ...3.,..':,,: ':.''4.....x.,. ,:�};:`s;,•;>i•^`; v::"rx3'v. •:r"i:.r ...', •:.\w.v:: 44:...`4.h.::.:v k vn4....v:••'4 ...h,...M :.4 F ..st tt :.•.'• 4.,.. .}.�:}}tii'4:•:ti'}�, :::4v,:: :�,v � k•... } 4:i$i• }.}}:$j:i irfv' ^lit.>{ .:.', .4. x•}$ '•`iiti$tfi }":;;':v:'r':+}x.,..: t•.;..r •.r::,•• .,•�:tih"� .\.,}•;k •k,: ,..... �.+�+.,•:' „4 '•;::�'s:,;i>.'•: i] t.. ...i`. '.fir.;:"kr. .,:•�}?�'�'}?;:' •:.t• "'k:'y?ti. �.4.. .}.,• +.4 , �:%b . 3 � :}•. : :$iM!�. !M:• � W�.•.�: :•: } .. X ,v :,,.k� ..,4•::h:t':ti4 .t4. :v.,•'v\�: . .,•: : .i, ,}. . •}`:':'i:.t...r.�v'4,v.•.::••. .: :........, ...,:.,,v,.;:.....,r.rr:..,s.....r':::•:t'�:<•}:....».i r: .,}s.;.;:.,:•X...,..5:,:?a •>yo'3�•}:?•i.x,. ..:,: .. ..,'4...:,�.:.n.�}.....t:::,�}x:'.,,•...',.. .•}.:,..�r...:.........., C Retina Planning Goals&Priorities General AN Define departmental In Refine currant Work Program goals, Review of Work Program and budget (Supports Strategic Plan goal) support of District goals. Improve based Strategic Plan support underway. Upon review by GM and Ops system for developing realistic mu&projects,ktto haft prioritized 5 year Mgr.,meet with field staff at SRO and year wait programs. Walt Program,it feasible. FRO. C Planning Team OrgerWation General AN Implement staffing,structure, 1)Implement staffing plan and Filled Planning Technician,Open Space and support for support,2)formalize mentoring Planner i and 11 positions;orientation and efficient service. agreements,3)knprove evaluation training Is currently underway. Refining process,4)resolve Team raise and process for mentoring and training, respor"Iftles w/positions,5) graphics wortdood management,and coordinate batter W other Programs,6)ornployee evaluations.Consultant to assist organde Team business and training. In further refining. ,., ••"•• ,.,.. s+•}:•:'t•}}Y.::X.};x: :;.};.:r.}::vn:y v;.••}}v'•.••4:,}::: i •••:t\'i•}}}:: :.}k.;•{.}•::.,•\•::•4\t,.}:•:t•..:.:::::::.}••. t.••}}. v:.': '''.••},>•}•,:;.•i+r:^'....;: vF.,?.}:r.:ri } ;, .., 4'•4• 4 4:;.. >>};1:;.. ;2:,•3'::�i•:•5"v:) .,•,a.$•:.. :i,y: .i}:r;.?'s}"•':iYi,'•`>:,.�i};.a?;.,}}:>.�`4 „k,.::}�?'�ti*: .} ;:}�ik` ','4\ 4 .4,•.k:,,k4';}kt•:iv;2'}:+•i,4:.............`\\S: '•44•., rf:.•x ..•'•$'i?•:.•:}:r. :.%•:?'":$'r•r:'v,r..n{...,.:.rrir }.:.: ::.� v'v4'4..,,,+v,v,4 },4. •+4, ,4, �'k�^.'4••., �.•44. •,'•::::. , .i}.�i• .\:. ':•,''" iy.;i.:. ve:in•''•v':?,.. 4.,;..x:': it ::••:•X• .::}'`'4+':, : ..:'k,:..4.vv.}•`'4, 4::• ` ,,4:•4•.\..,„•}vii:',•4•:44;4,•.v'''•:kh},w::•ti.,S: •. 4\R .r.4..•'ti:;ii' .:•;c:r`�}:}::}.'•'k"�:•' •,•.•4,•:}fi:;;•:•{ir,,}:, {i;.�.:;'t:;x¢t �;fi�: r'.'^,S"";fi:•'q'a,�:S:>:..•::4 �.2? ':}�:'4,`4 :.'4 ,•}*. .� :`.;,.�. 44;,�•.. ::: �`•. : 4•.:''4�, +.,,.,,, 4. '� �•.': Y� .''r.,}.r »}. .,f`i � .�• }.r 4 .'\'. .4 k:: :4�,k.� #+:�}:•`�•}4, .yiv4 Kt,...4.a.•}} �. :,� i..;:�.;..,.,.. ,�::;:'?' ,;;,t•.,•r>:::•tt>}.::d}:� ..i::•.v ..,t..::�:•::::.;�. �'�,,4.:::•. ��4'x�:•.�',.4..,,.: ..:\ .:,,•�t.. .\,'4•y ..}.. H GIS Development General Matt Participate In development of Add in-house computer resource to Installed ArcVlew 3.0 and other GIS Randy shared regional geographical support ArcView 3.0 GIS software. onsylsis software. Acquired Dktrict-wide information system map and Digitize Regional Open Space Study base maps and a variety of resource and resource data Into shared planning data,Including sails,aerial Obtain 2007 scale wall imagery,digital elevation models,and maps for main and field offices. hydrology. Exploring use of Global Positioning Satellite(GPS). H Computer Mapping System General Doug Develop in-house capability to Continued Implementation of mapping Continued acquisition of important graphk: Ana generate site maps and regional system using Illustrator/Macintosh. files,especially Digital Line Graphs imp for reports and presentations. Obtain other needed files from (DLG's)that are re-attributed and used for consultant for in-house use. various acquisitions and studies. I Status11 Page 5 08/04/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Tasks Adopted Status as of September 25, Project Preserve staff Project Description Fiscal Year 98-99 1998 H Sign Inventory District-wide Matt Develop a database system to Develop a process aril database to Verified feasibility of using ArcVlew GIS Ana maintain current records for District keep current records of preserve maintain sign database. Currently preserve signs. signs. designing database and testing methodology. H Signage Program Evaluation District-wide Matt Evaluate signage program to Complete survey of offlo~staff, Sign Committee approved draft scope of Ana determine haw wall it is working, volunteer patrol staff,and docents l o work Currently working with Public Affairs War"any neon problem areas, McMify strengths,weaknesses,and to develop a sigrubrochurs survey. and devise potential solutions to opportunities regarding sign program. Assessing other agencies sign programs problem areas. and design stan4ards to Me"potential opportunities. Preparing draft District Sign Manual. H Graphic Support District-wide Doug Graphic support for Board reports, Projects are completed as needed. Provided extensive support to the Ana prem daWns,and exhibits; departments of Planning,Acquisition, kw ng the updates for all existing Public Affairs and Visftos Services with computerized des. maps,exhibits,and software assistance. H Preserve Signs District-wide Ana New and replacernent signs for Projects are completed as needed. Providing replacement tray,Informational, Matt tratis and parting oases,Ong regulatory,and temporary sign as Projects associated with Sign needed. Committee representation. H Mapboard Trallhead Signs Long Ridge Doug Install mapboards and bulletin install mapboardslbulMn boards with Two complete sets of mapboards and Ana boards at Grizzly Flat Trallhead and laminated South Skyline map along bulletin boards have been installed at the Hickory Oaks entry. WWI other materials. Hickory Oaks and Grimly Flats trailheads. H Mapbowd Traittsad Signs Ted Doing Install mapboard and bulletin board Install mapboard and bulletin board. Installation at treilhead underway. Ana at tretihead rear parking lot. Carry-ate from FY 97/98. M Develop Preserve Map La Honda Doug Create oomputer Finalize map and produce fact sheet. Map has been finalized and a fact sheet Ana preserve map. has been produced for office use and public distribution. M I Develop Preserve Map Rood Deng I Create computerVenerated Generate and finalize map;produce Basermap has been created and is Ana preserve map. fact sheet. undergoing first round revisions. Statusl 1 Page 6 08/04/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Tasks Adopted Status as of September 25, Project Preserve Staff Project Description Fiscal Year 98-99 1998 M Develop Preserve Map Sierra Azui Doug Create computer-generated Complete map. Carry-over from FY An u map has been completed Ana preserve map. 97/98. and Is available for office use and public distribution upon request. M Develop Preserve Map El Sereno Doug Create computer Generate and finalize map;produce Basemop has been created and Is Ana preserve map. fact sheet. undergoing first round revisions. RIM v\ti '}•: :.fr..... '{•.''{4. ::.v'v:v ^i}}•v :r.{�•Y .... ...?.::+.•.v::}.6:::w:}, ,.'•''•. ..r'..✓++:+. v�...,v. .r.�. '\ `, '}'/. ^•4}::r,'.}r:.v.x+i:ri...}..}. ..r:•r 3,.:•:••.v:}::r.dr'44:•. r{:i'�:+� •: r�.. r. d%.. }hW/} v ;k +'4•.,,+:. 5' . '' , {,. `•R'` `, Y•', {,{,,. ,g....r+::r r.:}s•:{:'.::r?} .•r.•::..r''.},:, #:"t'•`. '{•`'tr. .tv:.�# :�'�'}•S:r::.} > ;::... . Site $fMf1i#1 . .. C JSoda Springs Parking/Trail Connection Cathedral Randy Develop plan for Implementation of Develop plan to implement parldng In Studied several alternatives for property Oaks Matt EEM&HCP Grants. the area and a trail connection to Prat acquisition,trail and parkng development. Rock Trail. Further work pending acquisition negotiations. C Trail Use Plan El Corte de Mary Develop trail use plan for Study Develop plan with assistance of task Task force/Board ad hoc committee Madera John E. Area 2. force;Board adoption. meetings compldW. Draft plan Reviewed by committee,full Board. Nov ad hoc committee created to continue on- sib investigations. Revised plan will return to full Board for further consideration this fail H Rock Climbing Pies Lang Ridge Mary Prepare rock climbing plan for e: Upon adoption of rock Un"this fiscal year. Upon adoption of Doug Devils canyon area climbing policies,prepare a plan for policies,a pion for this site will be Matt Devirs Canyon area. prepared. M Jacques Ridge Parking Study Mt. [led Jolla project with County to develop Continue to work with County planners Mist on-site with minty planners to Umunhum Mary parking near Jacques Ridge. to define project and discuss joint discuss locations for parking identified In management Issues. Almaden Quicksilver Park Plan. Joint grant application to be developed for submittal this year to develop parking at Hlcks/Mt.Um.Rd. M Parking Alternatives Study Fremont Randy Study alternatives,select preferred Obtain approval to proceed. Board Committee workshop completed; Older John C. locations,determine design additional research on golf netting requirements and permit process. alternatives in progress. Grant Administration Status1l Page 7 08/04/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Tasks Adopted Status as of September 25, Project Preserve Staff Project Description Fiscal Year 98-99 1998 C National Recreational Trails Grant El Corte de Mary AdminWw National Recreational Administer grant. Submitted Invoice for wok completed Madera Trall Grant. during 1997,check received. C EEM&HCP Grant Administration Kennedy- Mike Administer three grants awarded for Seek extensions and reconfigure nfgure Legislative extensions secured;additional Limekiln Randy acquisition of properties and grants as necessary. planning pending acquisiton negotiations. construction of two staging areas. (One grant Includes a project In Kennedy U meldln Area.) C Land and Water Conservation Fund Windy Hilt Mary Administer grant to fund parking lot Upon completion of trail construction, Project complete. Contractor Is In final Grant land hall development. close out grant. close-out phase. C.IP Pry 8 .._ larlttl .. ... . H Parking Lot El Corte de Mary Design and construct 40-M vehicle Complete ooncephmid plans. Develop Two conceptual designs prepared and Madera John C. parking arse&restroom rear construction drawings;submit for reviewed by field staff. Revisions Skyline. permits. completed by consultant. Next step: host public workshop with neighbors;obtain Board approval. C Lower Parking Lot&Restroom Wl ndy HUI Mary Design and conshict 50 co Complete construction project. Project complete. Minor touch-ups John C. perking lot at lower entrance to underway with field staff assistance. preserve,includes restroom, Contractor Is In final close-out phase. staglo9. M Parking Lot Fremont Randy Design&construct parking lot. Help negatiste purchaselexchange Project pending Committee and Board Older lJohn C. lagreement. decision Reta#roortlst _ . _ .. . H Convert Restroom Monte Bello Mary Convert restroon from chemical Relocate and replace restroom in main Permits obtained from City of Palo Alto. recirculation system to p t style. parking lot. Installation by contractor complete. Finishing wok needed by crew. H Install ReWoom Monte Bello Mary Install restroorn at backpack camp. Install. Carry-over from FY 97/98. Building permit obtained. Unit installed by ifield staff. Status11 Page 8 08/04/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Adopted Status as of September 25, Fiscal Year 98-99 1998 H Install Restroom Skyline Rklge Mary Its restroornn near Daniels Nature Install. Carry-over from FY 97/98. Permit application under review by Center. County. Upon receipt of permit, contractor win install. H Install Restroom WMdy Hill Mary Install restroom at Spring Ridge Obtain permits,install. Carry-over Met with Planner on-eke. Need to submit Parking Area. from FY 97/98. a variance application. Upon receipt of permit,contractor will Install. H Convert Restroom Russian Mary Convert mstroom from chemical Relocatiii nestroom In main parldrig lot. Project underway. Work to be completed Ridge recirculation systein to pit style. by fold staff. Tank has been relocated. >StCuilrlt+es . .. . _.: C Shop Bulkfing Seismic Upgrade Rancho San Dal Retrofit existing shop building to Resolve approach. Complete permit Antonio John C. improve structural Integrity.Replace process. Mary eMerl r siding,roof and windows. M PixMttl Roof Repair Pl chetti Matt Repair Blacksmith Shop Roof with Complete roof repair. Project completed by Los Gatos Roofing shake roof. Company. H Nabors Center Skyline Matt Construct nature center bundling Construct deck exterior exhibls. Deck redesigned. Crew to complete prior Mary and Install Interpretative exhibits and Specify use of certified wood material. to school program start-up In the fall. lab;interpretive trail signs. H Reynolds Road Rangy Residence Mt. Matt Establish residence on former North Upon demolition of oWstkV structures, Due to CEQA Issues,Ming alternative Umu nhum John C. property. obtain permits and construct a mobile building sites a"Hicks Road. or nodular home on the property Contracted with engineer for topo survey (including new well&septic system). and site plan. Installation of manufactured home anticipated to begin In Spring 19%. M Operations Field Office Skyline John C. Install concrete slab floor in shop Complete concrete work,obtain fuel Plans prepared. Board authorization to Mary open bays;install diesel fuel tank. tank permits. solicit bids received. Bid solicitation underway. M Bartels Cleanup M. Matt Remove structures;cleanup. Come project Project on told until escrow issues Umunhum Mary resolved. M Young Cleanup W. Matt General cleanup of site. Complete project. Received preliminary estimate and Umunhu lMary authorization to solicit bids. Status11 Page 9 08/04/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Tasks Adopted Status as of September 25, Project Preserve staff Project Description Fiscal Year 98-99 1998 M Gwsspool Cleanup Mt. Matt General cleanup of site. Complete project. Project complete. Umunhum M Winery Building Picchetti Seismic upgrade of structure. If Santa Clara County Historical Grant No action due to failure to secure grant successful,Is prepare plain&specs funds. for seismic upgrade;obtain permits. M Former Sink House Disposition Mt. Matt Determine disposition of buildings; Determine dWposkion of buildings. If Acquisfion and Enterprise Umunhum Mary If demolition is warranted,demolish demoNort is werrarAW,obtain permits,toured structure. Board consideration of buildings and restore site. remove hazardous materials,complete U&M amerAl eK Including authorization demo of structures. Carry-over from to solicit bids for demo scheduled for FY 97/98. 10/14/98. H Red Sam La Honda John C. Stabilize structure and maintain until Structural and roof repeks to maintain Pia prepared by enghw and submitted Creek Mary a final use determination can be barn. Consider use of certified wood to County for permits. Anticipate approval made. . week of WA. Need to determine who will complete work. M Forrner Barlow House Disposition Mt. Matt Determine dWpoordon of buldings;; Determine disposition of buildings. If Acquistion and Enterprise Umunhum Mary if demolition Is warranted,demolish demolition Is warranted,obtain permits,toured structure. Board consideration of buidngs and restore site. remove hazardous materials,complete U&M amendment,Including authoization demo of structures. Carry-over from to soli k bids for demo scheduled for FY 97/98. 10/1498. 71 ►iis Roofs C Trail Improvements El Corte de Mary Implement Trail Use Plan,barricade Continue Phase 11 trail coatructlon, Postponed pending completion of ECM Madera Matt and restore unauthorized routes and including construction of footbrklge Study Area 2 Trail Plan. Doug discontinued routes,as identified In across El Cote de Madera Creek. the plan. Implement study area 2 trail plain upon approval by Board. C Bridge Replacement La Honda John C. Replace two exsting bridges to Obtain permits,solicit bids and Permits issued. Construction Initiated Creek Rarely accommodate emergency vehicles construct one bridge. Consider use of under design/build contract with TKO for certified wood products. construction of upper bridge. SWUM 1 Page 10 08/04/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Adopted Status as of September 25, Fiscal Year 98-99 1998 C Sausal Trail and Wildlife Observation Windy Hill Mkt Construct grant-funded trail from Deep and constrict deck and troll. Sausai Trail: Layout determined,reviewed Deck Arm parking lot below dam to connect Consider use of certified wood by Town Trail Committee. Wildlife Mary with Spring Ridge Trail. Design and products. observation area rescoped,concept under construct nstnct wikNife observation review by Town Planner. Tray tentatively platform on it*shore on Sausal scheduled for construction by crew this Pond. fail. C Storm Related Repairs General Randy Repair storm related darnage. Assess damage,apply for FEMA 40 significant repair projects kderMW; rsimbureerrnent,prepare plans. Initial application submitted totaling approximately$700,000. Appeals for project awards for 1995 storms Temporary employee trained by FEMA to do District's"small project"field repots. "Large project"field report visits w/FEMA completed and applicatlons submitted. "Small"(under$47,500)project applications to be submitted by Sept.30. H Gra btowm Gulch Bridge Purlslrm Other Replace or reconstruct bridge Tam action upon resolution of Initial geotechnical and geological Randy approach.May Include new assessments and estimates completed; foundationftelocation,or plains and applied for FEMA grant for project. permits for replacement C Driveway and Parking Area Thornewood John C. Pave driveway and parking area as Obtain permits,contract for paving, Pending resolution of litigation. Mary part of Distinct/neighbor complete project. settlement. H Alpine Pond/Horseshoe Lake Trail Skyline Mary Seed with an ail-weather surface Resurface portion of trail with an ail- On crew schedule. weather material M Trail Improvements St.Josephs Randy RestorWreefign trails to implement Assist fed staff to determine trail Hill Trail Use Plan(Caftrans mitigation alignments. Amend U&M as needed. funding) H Lawrence Creek Bridge El Cote de John C. Replacement of old bridge to Make determination on approach. Madera Randy improve trail and patrol access. Misceilaneolus Statusl1 Page 11 08/04/98 Priorities: C=Critical, H=High, M=Medium, L=Low Chart A *=New project, not in FY 97/98 work program Planning Department Work Program for Fiscal Year 1998/1999 Project Preserve Staff Project Description Tasks Adopted Status as of September 25, Fiscal Year 98-99 1998 C Dam Spillway Restoration Landslide ThwwwoW John C., Repair landslide Impecting Schilling Bid and cones landslide and Repairs complete. Restoration of Rem Randy lake spillway. 81)"repair project. vegetation to be conducted early October as volunteer project. H Tank Removal Skyline John C. Removal of underground fuel tank Rernoval of fuel tank Permits obtained from County,BAAQMD. Mary at former Buds property. Contractor aired to complete work. M SesW Memorial Bench PuIgas Randy Place marnorial nameplate on Upon LAFPAC Committee and Board Project noised to an engraved rock. Doug odsting beach. authorization,plow memorial Review scheduled with LAFPAC nameplate on adsting bench. Committee. AnrangenneMs in place to work with artisan lo produce finished rock. Handicapped Paridng Stalls General Doug Retrofit all handicap star to Install signing,carswits markers,and Project underway with only a few sites conform to ADA standards. plastic perking blacks. remaining to be retrofitted. Pay Phone-Deer Hollow Farm Rancho Other Install pay phone at Deer Hollow Research oostalnesd. Seek Board Initial Investigation conducted. Approx. Farm approval and Wield If cost effective. $500 Installation fee+$45/mo service charge. Pay Phone Russian Otter Install pay phone at mein parking R rah costs/need. Seek Board Initial WNestigatilon conducted. Apprwc. Ridge area. approval and Install H cost effective. $500 Installation tee+$45/mo service charge. South Skyline neighbors worldng with Cattran s to knh phone In Highway 9 arm. Status1l Page 12 .4"SiYD h� 1 wp s � a m y� CALfFOP�o' OFFICE OF THE GOVERNOR EI_E;C"I' m Nove ber 20, 1998 Ms. Betsy Crowder DEC President, Board of Directors Regional Open Space, Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Dear Ms. Crowder: Thank you for your expression of support. Sharon and I appreciate your kind words and good wishes. Californians have chosen a moderate path to the future, and I'm anxious to get started on the task of leading this State into the 21st Century. We face challenges on that road, but we are blessed with powerful resources: our people and our spirit. I look forward to working with you to fix our schools, expand our economy, protect our environment, improve health care, and unify our diverse communities. Together, I am confident that we can build a California where ail things are possible. Once again, thanks for your support! Best regards, GRAY DAVIS GOVERNOR Ei+-,(,r GRAY DAVIS 980 9`1,1€ Sc rn", 1800 0 SACRANIFNT0, CA 95814 • 916-322-9060 FAX 916-322-8864 Regional Open ,)ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 2, 1998 Mr. Bill Siegel 24905 La Loma Court Los Altos Hills, CA 94022 Dear Mr. Siegel: Thank you for your November 23 letter regarding the District's proposal to annex the coastal area of San Mateo County. I'd like to respond to your questions in the order they were posed in your letter. 1. District tax revenue is deposited into a general fund from which all operating expenses are drawn. The District does not segregate revenues or expend funds based on the geographic source of the revenue. All revenues, regardless of their source, may be expended in any area of the District. Therefore, in answer to your question, it is not proposed to "prevent" the use of existing District tax revenues in the area proposed for annexation. However, members of the Board have stated publicly that they are not prepared to divert existing tax income to coastal projects. On the other hand, I assume many new sources of grants will be available for coastal preservation, which would not necessarily utilize any current District revenues. 2. The boundaries of District wards are based on population(currently approximately 50,000 - 60,000 per ward). The population of the coastal area under consideration for annexation is not large enough(approximately 20,000)to encompass an entire ward. In addition, current State law does not allow for more than seven elected directors for the District, which is the current size of the Board. It is proposed that the current District wards be re-drawn in some manner to add the coastal area to existing District Board representation. While possible adjustments have not yet been fully explored, one scenario is for a single ward to be expanded to include the coastal area; another is for several wards to be adjusted in order to provide for several Board members to each represent a portion of the coastal area. Coincidentally, information from the 2000 census will provide an opportunity for any other necessary adjustments to all ward boundaries. 3. There is no proposal to have an election in the existing District in regards to annexation of the coast. An election on the coast itself is not a requirement, as the District could have proceeded with the annexation process in a purely administrative manner. However,the Board felt it was important to determine the level of public support on the coast for proceeding with the proposed annexation and therefore scheduled an advisory election on the coastside. � _ 330 Distel Circle - C c e Los Altos, CA 940..2 1404 . Phone: 6.50 691 1200 FAX:650-691-0485 - E-mail: mrosd©openspace.org - Web site:v ww.openspace.org Board of Dire tors:Pete Siemens.Mary C. Davey, led Cyr,Deane Little, Nonette Hanker, Bet.v Crowder,Kenneth C. Nitz . General Manager:L.Cr,mt Britton December 2, 1998 Mr. Bill Siegel Page -2- A public opinion survey conducted late last year did show a very high level of support by the existing District constituency for annexation of the coast, and also support for additional funding from within the District to support land preservation activities on the coast. 4. One of the key procedures to be undertaken is to form a coastal advisory committee to review and make recommendations for revision to several District policies, including eminent domain. The Board has expressed its intent to revise this policy to the effect that coastal lands which are being actively farmed or ranched will not be subject to eminent domain action by the District. While the full Board has yet to give this issue the significant level of public discussion that it will require before a final decision, it's my feeling that such a revision will likely be applied only to the coastal area, since there is only minimal agricultural uses within the existing District. 5. Santa Clara County is the "home" county of the District (the area within the District with the greatest level of assessed property value,population, and land area). Therefore, the District's application for annexation must be submitted to the Santa Clara County Local Agency Formation Commission (LAFCO). Santa Clara will then refer the application to the San Mateo County LAFCO, since that is the county in which the annexation is proposed. The matter will then be returned to Santa Clara for the final decision, as required by State law. You might also be interested to know that if the annexation is completed, Santa Clara County will still be the home LAFCO, as the assessed value of the coastal lands added to the existing area of San Mateo County within the District still will not exceed the assessed value of lands within the District of Santa Clara County. I hope that I have adequately answered your questions. Please feel free to contact me again if I can provide any further information or clarification. S' cerely, L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors November 23, 1998 Craig Britton General Manager Midpeninsula Regional Open Space Dear Craig: I have just finished reading your November 13 release relative to the coastal annexation issue and have a few questions for you. 1.Does the District intend to prevent the use of taxes collected in the District area from being diverted to projects in the coastal annexed area? 2. Will the District Board be expanded to represent the coastal area or will current district members have their election boundaries adjusted? I Will the voters in the District get to vote on the annexation as well as the coastal area? 4. Does the District intend to have a different policy of eminent domain for the coast from the rest of the District? 5. Will the Santa Clara County Local Agency Formation Commission have approval of this annexation proceeding? These questions should not be interpreted as being opposed to this proposal but to be able to understand it better. Very truly yours, Bill Siegel 24905 La Loma Court Los Altos Hills Cal 94022 NOV 2 5 Regional Open ,pace MIDPENINSULA REGIONAL OPEN SPACE DISIRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager I I""""( FROM: M. Williams, Real Property Representative DATE: December 3, 1998 -REVISED SUBJECT: Sardi Property Addition to Sierra Azul Open Space Preserve(Undivided 1/4 Interest) Escrow closed for the subject transaction on November 13, 1998 and title to and possession of the undivided 1/4 interest of this 52.39 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 October 13, 1998. DEDICATION CHART INFORMATION Dedication Board Status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Sierra Ant Cathedral Oaks John&Linda 40/13M 11/13/98 13.10 Withheld undivided 1/4 interest Sardi in this 52.39 acre property cc: Board of Directors D. Dolan J. Escobar A. Coleman D. Sanguinetti B. Congdon K, Han D. Vu H-\SIERRA\Sardi Closing Memo.wpd 330 Distel Circle Los Altos,CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 9 E-mail:mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Bow Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton SIERR, - AZUL OPEN SPAC&RESERVE Midpeninsula Regional Open Space District \e n Tram -- _ - El o br so a` I�EN1N.EQY7LIMEKIL�AR o�asT�d�� _ N -- �,�' 3 rt r r' ayeal- 83' "_M uIR � AR � �Mt._Umunm hu ?� 3;48/61' 01 Cr R Xs ,. s �ill PROPOSED ACQUISITION , I, , i � J (SARDI 52.39 AC.) CAT, E D RAC OA KS A ,E 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.9 �s f One Mile EXHIBIT A: PROPERTY LOCATION MAP I Regional Open . _ ace 1 MIDPENINSULA REGIONAL OPEN SPaCWISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams, Real Property Representative DATE: November 23, 1998 SUBJECT: Girdner Property Addition to Saratoga Gap Open Space Preserve Escrow closed for the subject transaction on November 20, 1998 and title to and possession of this 188 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 October 28, 1998. DEDICATION CHART INFORMATION Dedication Board status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Saratoga Gap William& 10/28/98 11/20/98 188 Withheld Janet Girdner cc: Board of Directors D. Dolan J. Escobar D. Sanguinetti A. Coleman B. Congdon K. Hart D. Vu 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 Cros%der,Kenneth C. Nitz • General%fanager:L.Craig Britton LVINU KfULA AINU NAKAII UUP 4. Ar urtN NFALt. rKtNtltvtN \� Midpeninsula RegiomueOpen Space DistrictIo -J r Z�� ,_\ 1 .'�. . a `1'••� / { � Stercns.Geck � - a� i � ,r � s, T •t .: (Santa Clara yy �\\ \ r., vi ,•\ \ t6 `\ County) i Tabk . \wr 0.3 !� r _✓ �r^ l..a ..`\ l`� `' rutty rna N• yr� 'c• 1 ,� \�. �i (� i •'�• � _ / n r+!).-.( ��j L J ;( \.. `.r��n.+ O4/PY�1i ' / �..-I ��•. (! N o i , `' Tr /•l #• C \ \ >•yam y r� •tom Z. / n_i �:n.t Y O• 11 + :/ rta � ) r'�� �( "(' ; RIDGE r r I *•,j 1 {`. Yes. r �.{�,r \ry, - IN SPACE n"`m •,a ) I i f ta;;�f`� i '\ C, '" w '-.v �,f�tP Y ^, • �E RVE - n.a r /... /� .\`•\ +ff { a.F r �, wvt / - � .:-��� 1✓\ t� 1 nM I�nR,P�p } I I�.(J .� ) 'a I✓ i/' I 4` '> M k n fit..^+ r. ` (�•y.r`!' I f-s y, ",� 't s I {� ` ! ?��, i;t. •t "' '/IrAil I �J r,-� � �� \ 5•h,�..�a ; �;.d R .y " . �k 'ii � _, ,f (• � I yi' S r,.;+, y�Ci i�' `/ _1_ -.. _ i n.t i\ •"N .,i _ 'SAKAIOGA(AP 3 `1' r0 as a - - OPENSPACE ' - M• r "`. -•\` t PRESERVE - v'� -\~ ' `as� 9� s i ,.,•" ?c�+,,�1'��:` fir* ''t, �. '� 0.2 ✓}�ff�l````.�.''''°.r �=,. /r rR. rtr,,., n.t J . .,- , to - ` `' 'e/ �_ ., f"'1 e n5 .; '°t .�h ,q`;• .;�'.a ya,y.� yn} • 1 � �.��?' ,�'a R7tr. .r . na r.�y ` I .. � !,\. .`t,�R, � I 1. i ¢ x, 'LN �yx'r�):�' )j •� tin i�� ri�; ��\ '�+ .Fa ++1�,•� - !� "x"+ 1.. 1 /, r I + ( � _ �� f 11`.t � � ;y, •1`a `-�1=�'���* • �� i r'. `\ 1 :•i( ,��!' l u.n y i � .... �-:. ( V. 1'i.i itrn'-`i � f i• l� _\ ,I .. ' CMµ >r rarlrsla-- ( ,-•. � �,, � i ins I i � �' \.r 1 1 .' � Y .. i, _.. �.� S.ile Puk�....r �, t.. ..,/�.. ', n +�y� µi� � / ( � �i a�� �.� � ly I .\ •/' � � fi •l�, .+e v }'r�w, *� r+F,-'— a (� 'YK { ! POST . � " ' ti - Y J tT y'• �"��1 art 1.yr (. •q• � / -+k � 1• CrNr skyli t th S n -r l t PROPOSED ,� � •••'.'�� ;� - _ �J•�,�„ Y��; (y� `�� °� '� y\' ACQUISITION �N. , �` ; r (GIRDNER 188.25 AC.) „ ' � ► 5 ,? G.•4:-'n•+'- ••nn, .:,'..\,�� !~ 7/•7C+ .i 7y\ .T.�P •1is... -- .y J ry�� t` J x" Z 'fit%a• :� ��::�. .! J�1. '�:f �`� / � y i;�Y ��~aq�a' `. C i ��e"�. . j t `• ,.�;. "","+�'+C*� \ '\�n�. / , -,_..1 `�-\ <f :_��l �_✓�, l ••6SUC K-k: ':• ` tJ' , 1;��'� W.TI E ROCK ' t _ -� �\ ! 1-.� t- '! {• State Park •, ' 1 r':: .i LT' — `(' �SEATE PARK k EXHIBIT A: PROPOSED ACQUISITION County of Santa Clara ti o F:nvirorinu~ntal tIvscnlrces ;xKcncV Parks and R(,crcatican Del>arnnent �� . 2S)8 garden 11rI1 t)rnt Los G>tos. Cohlorni t 95032-7G70 �- 4081 358-3741 FA\ 3,t�-3 7 ks l'T.� ��,• F-i('s rvati0iis(408) i58-3751 TI)D 44081 35G-71-tG November 24, 1998 Craig Britton General Manager NOV 3 0 MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 SUBJECT: MidPeninsula's Draft Report on Operations Program Review by the Warner Group Dear Craig: I read with interest a copy of the minutes from your special meeting of the Board of Directors of the MidPeninsula Regional Open Space District on September 28, 1998. I was somewhat surprised to note that Mr. Jeff Gaffney, Chief Stewart for Local 715 and Park Ranger for Santa Clara County, offered testimony before your Board indicating that the County is spending $1,000,000. a year for six deputies and that the Sheriff's response time is about an hour. Since Mr. Gaffney represented himself as an employee of Santa Clara County and quoted statistics relating to the Department, I think it is very important that you be provided with accurate information. The budget for FY99 for Sheriff services is approximately $685,000. rather than the$1,000,000. quoted by Mr. Gaffney. The Sheriff's Department also has quite accurate records with data coming from tapes held by County Communications. Based on these tapes, the Sheriff is indicating a response time averaging closer to 11 minutes than the hour that Mr. Gaffney indicated to your Board. (See attached.) Should you require any further clarification or wish to discuss this matter, please do not hesitate to call me at (408) 358-3741 ext. 128. Sincerely, aul D. Romero Director cc: Alan D. La Fleur,Deputy Director W.J.Ventura,Manager of Park Ranger Operations Matt Anderson,Park Ranger Supervisor Ken Silveira,Park Ranger Supervisor Jim O'Connor,Park Ranger Supervisor Eric Goodrich,Park Ranger Supervisor Jeff Gaffney,Park Ranger11\,,, Board of Supervisors: Donald F. Gage. Blanca,Ilvarado. Pete INWHugh, James T. Beall Jr'.' pJ�c�St��� lSttrttf[Widpen County Executive: Richard wiiieni)erg a-o, RESPONDING UNITS F Parks Units Parks Patrol Units Non-Patrol Units 1 R S T U D N Parks Units 13.2 10.65 17.53 1 1 S T P S A T unable to locate C Parks Patrol Units 15.27 18.02 H sufficient statistics E D Statistics don't include null values Source: County Communications Average time to respond to Parks units calls: This is an explanation of the above chart. When a Parks unit calls for another unit or responds to a dispatched radio call that in all likelihood will require a fill unit how long does it take for assistance to arrive? The answer is in who is responding.There is clearly no relationship between caller and responder; it is mostly a matter of who county communications calls as a designated unit to respond and who is listening to the radio. Column 1,Row 1 shows that,on average, if a Parks Ranger Unit calls for another unit it would take 13.2 minutes for another Parks Ranger Unit to respond to their location. Column 2, Row I shows that if that same Park Ranger Unit called for a Parks Patrol Unit they would wait for 10.65 minutes fora second unit. Column 3, Row 1 shows that if that same Parks Ranger Unit called for an other unit and there was no Parks Ranger Unit and no Parks Patrol Unit available they would have to wait for 17.537 minutes for a non-parks unit to respond to their location. If the first dispatched unit was a Parks Patrol Unit and they requested a fill unit,or the call was of the type where a second unit was considered prudent the statistics are; Column 1, Row2 shows that the Parks Patrol Unit would have to wait for 15.27 minutes for a secondary unit if it was a Parks Ranger Unit. Column 2,Row 2 shows that the same Parks Patrol unit would have to wait for 18.02 minutes for a secondary Parks Patrol Unit.This is not just indicative of staffing but indicative of not `bunching-up' and working their beats. Column 3,Row 2 has no available statistics because Parks Patrol Units rarely call for assistance from outside sources. Regional Open )ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 23, 1998 Ms. Marina Stariha P.O. Box 28 San Gregorio, CA 94074 Dear Ms. Stariha: Thank you for your November 18 letter addressed to District Board President Betsv Crowder regarding the composition of the proposed coastal advisory committee. Your comments and suggestions are appreciated. I will forward your letter to the members of our Board of Directors for their information, and refer your suggestion to the Board's Ad Hoc Committee for consideration. As you no doubt know, this Committee will be proceeding with a proposal for formation of the coastal advisory committee, which will be returned to the full Board for a final decision. I am sure that they will appreciate your input. Again,thank you for writing, and for your thoughtful suggestion. Your name and address will be added to our mailing list to receive information on upcoming meetings on this issue. Si cerely, L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors 330 Distel Circle e 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,tvtary C. Davey,led Cyr,Deane Little,Nonette Hanko,Betsv Crowder,Kenneth C.Nitz . General Al.n ger:L.Craig Britton i NOV-19-1998 12:%- GENENTECH G50 225 3232 P.01 i I Manna Stariha PO Box 28 i , 1 San Gregorio, Ca 94074 Nov. 18, 1998 Betsy Crowder ' ! Board President MidPeninsula Open Space District f 330 Distel Circle Los Altos, Ca 94032-1404 Dear Ms. Crowder: I j Thank you for your letter to the Half Moon Bay Review regarding the position of the MROSD to f form an advisory committee on the coast to resolve issues relating to land acquisition,eminent i domain and agricultural use preservation. i i I strongly believe that the area south of Half Moon Bay encompassing the"canyons"will not be represented, and yet,this is a large geographical area that will be affected by MRQSD policies. 1 realize that the committee cannot be too large and that an odd number is more efficient,but I urge you to consider increasing the number to nine members. This way you can have two members of the MORSD and a member representing the senior community and to have a member representing the area bordering Half Moon Bay, San Gregorio and Skyline. If this number is too large, then one member from MRQSD and one from the"canyons". ' I would further suggest that I be appointed as I have proven my public connection to the community by winning back my seat as Board Member to the Cabrillo Unified School District by ' a large margin this last election, i would appreciate your consideration and reply as soon as possible. I Yours Sincerely, E OLAMAL �. 1 Marina Stariha (b SU) -7,41-<)oi-7 ! i f Post-it'Fax{Vote 7671 Date /i 7 ages l i To `TS From coJoeDt. I Pnone r Pna,•r 74�-not t Fax r/ — Fax K ! TOTAL P.01 I 1 Friends of the Field PO Box 111 Moss Beach, CA 94038 Monday, December 07, 1998 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Board Members: Mary Davey has suggested we contact you regarding Vallemar Bluffs, a mid- peninsula, coastal bluff top property which we are attempting to preserve as open space. Our group, Friends of the Field, has to date, successfully thwarted any building efforts, although the Coastal Commission has recently approved an exploratory water-well drilling permit. While continuing to pursue our legal options, we are also beginning to fashion a consortium of government, foundation and private interests to raise money to buy the property. We already have substantial private commitments. However, according to Audrey Rust at POST, fund raising is only part of the battle. We also need to present a plan for eventual ownership and management of Vallemar Bluffs. To this end, we have contacted two land trusts in the mid-peninsula, and both would be willing to serve as interim owners/managers until MROSD is established on the coast. We are asking you to become the final owner/manager. Could you please send us a letter of intent indicating your willingness to assume the final responsibility for Vallemar Bluffs? In the mean time our group intends to raise the required amount to both purchase the property and establish an operations fund. Given the hurdles that MROSD still faces in moving to the coast, we understand that the letter will be vague and loaded with"subject to's . . . ". However, it would be sufficient to provide us the necessary tentative plan to begin our fund raising efforts. We include a brochure about Vallemar Bluffs and a copy of our most recent newsletter. Thank you for your consideration, and we look forward to working with you. Sincerely, Judy Wood Gary Wood Friends of the Field 4 a "r1 IT p' y avul, se VALLEMAR BLUFFS -- Moss BEACH, CA THE VALLEMAR BLUFFS consist of a 2.47 acre in immediate danger of being lost to develop- parcel of land bordered by Juliana Avenue, ment.The owner of this property plans to sell Vallemar Street (running parallel to Highway it as a seven-lot housing development, and has 1), and the Pacific Ocean in Moss Beach, obtained county permission to drill for water. California. This beautiful stretch of pristine With additional sewage capacity available in coastal prairie has served as a park and village early 1999, development is imminent. green for neighbors and visitors for decades. As far as we can tell, this property has always been open space and never been developed. It has Friends of the Field is commuted become a natural buffer zone between areas of urban housing development. Adjacent to the Fitzgerald Marine Reserve, this land is criss- to saving the Vallemar Bluffs crossed with trails that allow access from both Juliana Avenue and Vallemar Street to the before this beautiful open space i! S l zl is lost forever. ti The owner has called this property "the Pearl -j� • of Vallemar" and we agree. Over the years, ocean. Three benches provide restful views of this property has been the site of weddings, the rolling surf and surrounding coastline. funerals, and seaside educational tours as well THE THREAT OF DEVELOPMENT as a focal point to simply enjoy the beautiful Pacific Ocean. This unique coastal and community resource is FRIENDS OF THE FIELD the public use of trails across this property for Friends of the Field is an unincorporated group more than forty years. he "Strand", a publicly of citizens committed to saving this rare prop- owned trail (and slated to become part of the erty from development. Organized in April, California Coastal Trail', runs through this 1997, Friends of the Field has been working property and is in danger due to ever increasing diligently to save the "Pearl of Vallemar". The blufftop erosion. The Fitzgerald Marine coastline of California is a precious and unique Reserve Master Plan includes a plan to eventu- resource. Our goal is to preserve public access ally install a public stairway at the edge of this to this wonderful land and keep it free from property to allow safe a cess to the beach. development. We have expended much time and effort through legal channels to save this RARE FLORA AND F A N A The Vallemar Bluffs art situated along the coastal portion of the Pacific Flyway, the migratory route used by North American waterfowl an shorebird populations. Herons, Pelicans, vari- ous Raptors, and endangered Snowy Plovers property. Now we are asking for your help to frequent this area. save this acreage and purchase one of the last Recently, a well-known remaining areas of coastal access between local botanist discov- Montara and Half Moon Bay and designate it ered a variety of as open space and parkland. As one of the linethus (Phlox) on this neighbors explained, "this isn't just apiece of rA property that has never land, this is the fabric that holds our K__. - before been registered or recorded. She has community together." submitted it to San Francisco State University, SENSITIVE COASTAL RESOURCE and samples are being circulated worldwide to This property is located at the northern end of determine if indeed it i a brand new plant. the Fitzgerald Marine Reserve and part of the any development on this property would Monterey Bav National Marine Sanctuary. The threaten this rare plant MidCoast Community Council has made the OUR GOAL IS TO PRESS q VE THIS STRATEGIC AND Vallemar Bluffs a priority concern because of STUNNING LANDSCAPE. the many environmental issues at stake. The San Mateo County Local Coastal Program has this property on its Sensitive Habitat Map. 1 Drilling and development could significantly _ alter runoff and erosion patterns. Any _ alteration of nearby ocean water will create a negative impact on the sensitive intertidal zone For more information on our efforts to save and local ecology. the Vallemar Bluffs,please contact Friends of the Field PUBLIC ACCESS ISSUES our websiteis There is photographic evidence which supports www.best.com/-bkraus/vallemar/ FRIENDS OF RO. BOX 111 MOSSBEACH, 94038650-728-0199 HELP US SAVE the VALLEMAR BLUFFS FRIENDSOf the FIELD is working to Preserve this Bluff Top Open Space in Moss Beach , CA WHERE IS IT? NUNN I In Moss Beach lWest of Highway 1 1 West of Vallemar Ave 1 North of Juliana Ave 1 on the Bluff Top 1 above the Fitzgerald Marine Reserve Ion the Coastal Trail The 4 Issues 1 Possible purchase for Open Space 1 Legality of the LLA, Lot Line Adjustment procedure and lack of notification of the neighbors 1 Public Prescriptive Rights 1 CEQA - the California Environmental Quality Act anti-piecemealing provisions i • i - ' i i i i ! • . i i i • i . i r • - ii i . . i The COMMISSION re the 1991 eat Ad us�tLot Line it 1 In 1991, a new owner o this property, Mr. Ric ar Charnock, quietly applied for and was granted by San Mateo County, a "a lot-line adjustment" creating 7 building sites. 1 COASTAL COMMISSION, Legality of Lots - The Staff Report A-1-SMC-98-049 states on page 13: F. Legality of Lots The commission also notes that there is an underlying issue with regard to the legality of the lot in question, and the other nearby lots owned by one of the applicants, Mr. Richard Charnock. These lots were created by a "lot line adjustment" in 1991, but may actually require a merger and resubdivison subject to Coastal Development Permit Approval. The Commission finds that the commission's approval of the project should not in any way be interpreted as indicating that the underlying lot configuration is legal or proper. The commission is putting any subsequent purchasers of these lots on notice to that effect. f Public Prescriptive Rights "M 1 Friends of the Field has been collecting information regarding current and historic public usage of the Vallemar Bluffs property. At this time perhaps 100 visitors have filled out the FOF Survey form. 1 The LCP (Local Coastal Plan) states that public prescriptive rights are likely on this property. 1 The Coastal Commission Staff Report, A-1-SMC- 98-049, page 6, states that this property is a part of the California Coastal Trail, provides access to the Fitzgerald Marine Reserve and has been used historically by the public for coastal access. 1 Prescriptive Rights have never been adjudicated for this property. However, evidence exists to support such adjudication. ncient History A 1 1908 - The mid coast subdivided into 25 x 100 foot lots with the Pearl divided into 41 of these now called "substandard" lots. 1 1984 - SM County gathered these 41 lots into 2 Assessor Parcel Numbers, (APNs). 1 1987 - a letter from a SMC Planner states unequivocally that there are 2 building sites and "The property could not be further divided." 1 1988 - New houses along Juliana sold. New buyers received the above 1987 SMC letter. 1 1989 - Richard Charnock purchases "the Pearl". 1 1991 - LOT LINE ADJUSTMENT - SMC Planning Commission, without notifying Juliana Neighbors, or evidently the Coastal Commission, allowed a lot-line- adjustment to reconfigure this property into 7 building sites ( a 90 day statute of limitation passes) 1 1994 - A billboard sign announcing the availability of 7 building sites appears on Vallemar Street 1 1996 -NEW SEWER/DEVELOPMENT FEVER - The Sewer Plant Expansion begins making feasible the sale of the lots. 1997 fto mass" aao- ns t 1 3/97 - News that 4 lots are in escrow galvanizes the Juliana neighbors into action. 1 4/97 - the property owner, Mr. Charnock meets with some neighbors, explains the state of the project. Assures us we will like the outcome. 1 5/97 APPLICATION FOR WELL PERMIT- News that there is an application for a permit to drill a well. 1 5/97 FRIENDS OF THE FIELD FORMED - Neighbors form Friends of the Field to protect this open space. 1 6/97 - ENVIRONMENTAL LAW FIRM HIRED - Neighbors hire Adams & Broadwell 1 7/3 - First SMC Planning Zoning Officer hearing on the Well permit is continued. 1 8/7 - Second SMC PZO hearing on the well - the permit is approved - Friends of the Field file an appeal. 1 11/97 - Appeal of well permit heard before the full Planning Commission continued to nex t Planning Commission meeting. 1998 1 1/98 - COUNTY PLANNING COMMISSION hears well permit appeal - well permit approved - Permit appealed by Friends of the Field to the California Coastal Commission. 1 7/98 - CALIFORNIA COASTAL COMMISSION HEARS APPEAL - The well permit appeal is heard and approved - BUT WITH SPECIAL CONDITIONS. 1 10/98 - WELL STARTED - the owner started a well but did not follow the conditions required by either the County or the Coastal Commission 1 10/98 - WELL ABANDONED - this first well is abandoned, but is still not restored to the original conditions specified. 1 10/98 - ANOTHER WELL STARTED - another well has been started that may more closely conform to the permit conditions. 1 11/98 - COASTAL COMMISSION TO HEAR APPEAL AGAIN - A hearing is scheduled for November 6 regarding this well permit. Save the Va� lema S throng e World Wide Web hupm // www , montara . com then ' click" Vallemar Bluffs Save the Valle ar W., ft through the World Wide Web http : // www - best - com / " bkraus/vallemar/