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HomeMy Public PortalAbout19990414 - Agendas Packet - Board of Directors (BOD) - 99-10 Reglonai- Open c 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-10 SPECIAL. AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California April 14, 1999 ***PLEASE NOTE*** 6:30 P.M. Closed Session Start Time 7:30 P.M. Public Meeting Start 77mme (6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Public Meeting, and at the conclusion of the Public Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference With Real Pron a Negotiator- Government Code Section 54956.8 Real Pr=rty: Santa Clara County Assessor's Parcel Number: 366-02-046 Agency Negotiator: Michael Williams Negotiating P_ra: Ron Hansen Under Negotiation: Instructions to negotiator will concern price and terms of payment. 2. Conference With Real Prop a Negotiator - Government Code Section 54956.8 Real Pr=a: Rancho San Antonio County Park located on Cristo Rey Drive, Cupertino Agency Negotiator: L. Craig Britton Negotiating Parties: Paul Romero, Parks Director of Santa Clara County Under Negotiation: Instructions to negotiator will concern price and terms of payment for a lease. (7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650 691-1200 FAX: 650-691-0485 . E-mail: mrosdr@ol>ensl>ace.org . Wei)site:www.opensl)a(-e.org Board of Director~ Pete Sienens,Mary C. Davey,led Cyr, Deane Little, Nonefte Hanko, Betsy Crowder, Kenneth C.Nit/ .Gencr,d Mamigor:t.Cr,w, Britton Meeting 99-10 Page 2 SPECIAL ORDER OF THE DAY Castle Rock Plan Presentation ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- J. Cyr *** APPROVAL OF MINUTES January 27, 1999 (Consent Item) February 10, IW9 (Consent Item) BOARD BUSINESS (8:00) 1. Proposed Acquisition and Addition of Munson and Peninsula Open Space Trust Properties to Long Ridge Open Space Preserve and Grant of Conservation Easements to Save-the-Redwoods League; 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 Munson and Peninsula Open Space Trust Properties as Additions to Long Ridge Open Space Preserve; and Indicate the Intention to Dedicate the Properties as Public Open Space -- M. Williams Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Authorizing Officer to Execute Grant of Conservation Easement with Covenants Over Real Property Being Acquired, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Munson, et al) Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Authorizing Officer to Execute Grant of Conservation Easement With Covenants Over Real Property Being Acquired, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Peninsula Open Space Trust) *** 2. Final Adoption of a Use and Management Plan Amendment to Permanently Remove the Storm-damaged Grabtown Gulch Bridge Over Purisima Creek, and to Create a Loop Trail by Rerouting Lower Grabtown Gulch Trail to Connect to Borden Hatch Mill Trail -- R. Anderson *** 3 . Appointment of Grant Thornton as the District's Auditor for the 1998-1999 Fiscal Year and Authorization for the General Manager to Execute the Engagement Letter Agreement in the Amount of$10,100 -- M. Foster *** 4. Denial of Claim for Damages Against the District and its Officers Submitted by Pietro G. DeNevi, Baseline Development Corporation, Inc., and LGCC, LLC -- S. Schectman *** 5. Authorization to Change District's Designation of Authorized Signatories for Entering District Safe Deposit Boxes (Mid-Peninsula Bank) -- P. Coats Resolution Establishing Signatories for Entering Safe Deposit Boxes (Mid-Peninsula Bank) Meeting 99-10 Page 3 *** 6. Authorize the Final Payment in an Amount Not to Exceed $30,000 Under the Retainer Agreement for Legal Services With the Firm of Miller, Starr, and Regalia -- S. Schectman (8:20) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE: limes are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. CLAPS Position Statement Castle Rock State Park Preliminary General Management Plan Aee-e-e A�t' 6411 " FINDINGS Upon reviewing the Preliminary General Management Plan for Castle Rock State Park, the Santa Cruz County Chapter of the California Native Plant Society (CNPS) finds that: 1 ) The plan is in violation of the California Environmental Quality Act (CEQA) because it a) fails to identify the ecologically superior alternative; b) fails to identify significant environmental impacts of the preferred alternative; c) fails to mitigate to a less than significant level the unavoidable impacts associated with shifting visitor impact to the Partridge Farm Resource Management Zone. 2) The plan is in violation of the California Public Resources Code Sec. 5001 .96 and 5019.5 because, instead of determining the land carrying capacity based on the ecological constraints of the park, the plan assigns the land carrying capacity based on the perceived operational needs of the Department of Parks and Recreation; 3) The plan is in violation of the Department of Parks and Recreation Resource Management Directives #9 and #27 because the boundaries of the natural preserve fail to adequately encompass the important watershed influences and ecologically significant resources of the park; 2) The preferred alternative is not the ecologically superior alternative; 3) The plan fails to provide baseline ecological data on sensitive habitats; 4) The preferred alternative fails to mitigate unavoidable ecological impacts to a less than significant level; 5) The plan fails to mandate resource management directives; 6) While the plan requires a Rock Climbing Plan and several plans to develop facilities in the park, the plan fails to require development of a Resource Management Plan; and, 7) The plan does not recognize the park as a critical core ecological reserve in the Santa Cruz Mountains. POSITION It is the position of the Santa Cruz County Chapter of CNPS that the Department of Parks and Recreation should present for public review a Revised Preliminary General Plan for Castle Rock State Park that complies with the California Environmental Quality Act, the California Public Resources Code, and the Department of Parks and Recreation Resource Management Directives. Since both the Wilderness Designation Alternative and the Preservation Priority Alternative are ecologically superior to the preferred alternative, CNPS requests that the preferred alternative embrace the values of both through designation of the majority of the park as a natural preserve. The purpose of the park under the Preservation Priority Alternative should be to restore the park to a designated wilderness area. The statement of purpose should be unambiguous and should set the legally defined term "wilderness" as a long-term goal. Adopted by the Board by Unanimous Vote on 4/12/99 i AN ALTERNATIVE PREFERRED PLAN FOR CASTLE ROCK SP DESCRIPTION State Parks will recommend that all undeveloped areas of the Castle Rock State Park will be classified by the California State Parks Commission as a State Wilderness. A buffer zone for designated parking areas could be excluded from the wilderness classification. Restoration, preservation, and education of wildland resources and ecological processes will be primary considerations within the park. The park administration function would remain at the hike-in campground, or be relocated to Tin Can Ranch or the Caltrans maintenance yard if surplused. No public use facilities would be constructed at Partridge Farm or the Caltrans site. No new trails would be constructed unless determined to be necessary. Volunteer trails would be removed and either scarified, revegetated, or allowed to return to a natural state unassisted. The 1800 acres proposed for classification as a Natural Preserve could be expanded to the west to include an additional 400 acres bounded by the Saratoga Toll Road, the southern boundary of the Indian Rock subdivision, Saratoga Gap Trail, and the San Lorenzo River. This would include all the redwood wildlife habitat within the proposed natural preserve as well as riverine and riparian habitat necessary for aquatic species such as steelhead trout and California red legged frog. Mountain biking would continue to not be permitted. Following preparation of resource management plans, habitat restoration projects would be carried out to enhance the natural resource qualities. Parking would be reduced at the existing parking lot to decrease public access and use of the already heavily-used Castle Rock Ridge area. Roadside parking could be improved but not increased elsewhere, to encourage dispersed use of the park. Five areas along highway 9 have potential for parking improvements: Waterman Gap, Red Mountain, Oil Creek, Beekhis Road, and Hoe Gate. All of these parking areas are existing; while improvements could be achieved, it is not likely that any significant increase in capacity can be made. Most of these parking areas are highway turnouts or pulloffs. Some roadside parking would be eliminated to reduce the number of trail users and related impacts on adjacent resources. A parking survey was performed to determine the number of parking sites available for users of the park. A total of 288 parking spaces were found along Highway 9 between Saratoga Gap and Waterman Gap. Improved public use facilities previously planned at Sempervirens Point will reduce parking from 30 to 21 vehicles and one bus. A total of 96 sites were found along Highway 35 between Saratoga Gap and Indian Rock. The existing Castle Rock parking lot has 55 parking sites. Parking outside of the Castle Rock main lot, plus parking at Indian Rock, a total of about 50 sites, could be removed. An area on the east side of SR35 near Mt Bielowski could provide 50 parking sites, only after the goals of the Castle Rock Ridge resource management zone objectives have been realized. Actual documented parking data, which are 80% to 90% below the theoretical maximum, will be used to evaluate plans. EVALUATION If Castle Rock State Park does not now qualify for a Wilderness classification, the Plan will provide a detailed analysis that identifies under what circumstances the park will qualify for classification as Wilderness under the California Wilderness Act. The Plan will recommend proper action necessary to attain the goal of wilderness classification. The name of the park may be changed to Castle Rock Wilderness State Park in anticipation of a wilderness designation, which is especially appropriate as the possible acquisition of the Waterman Gap property is anticipated. Soil erosion and vegetation loss around high use climbing areas and from volunteer trails would be reduced with the implementation of an adequate climbing management plan. Sensitive areas around Partridge Farm would be preserved. Maximum recreational use would be limited by parking. Recreational use patterns may change; use may become more evenly distributed throughout the week and seasons, and dispersed around the park. Recreational demands will continue to increase with the population growth in the nearby urban areas. although it is not expected that the state park must accommodate demand created by population growth, there will be increased use of the unit. Other open space areas in the region may need to increase access to meet the growth demand. The expansion of the proposed Natural Preserve would include the powerline running west of the San Lorenzo River. Maintenance activities for the powerline would be incompatible with the natural preserve classification. PG&E will be encouraged to relocate the powerlines. Multiple entry points into the unit will be reduced to mitigate management and operational difficulties. 1. A dispersed visitation would require an appropriately dispersed interpretation to educate the visitor to the sensitive resources, the need for protection, and recognition of entering a state park. 2. Potential control of illegal activities could be enhanced. 3. Emergency response time will be reduced. 4. Maintenance costs would be reduced. 5. The demand for water and sanitation facilities at parking areas would be unsatisfied. Closing some of the multiple entries may disperse users over a smaller area and would substantially increase the opportunity for park staff to contact and monitor visitor activities. Rotating closures could allow areas to recuperate from intensive use, if necessary. APP-14-1999 13: 15 SO) AUDUBON P.01 Santa Clara Valley Audubon Society April 13, 1999 Board of Directors MROSD 330 Distel Circle Los Altos. CA 94022-1404 Dear MidPen Directors, I am writing to ask you to respond to the Castle Rock State Park (CRSP) General Plan and to support the idea of making it.into a State Wilderness. As I mentioned in my presentation to the Board last month, a designation of State Wilderness would allow the same activities that occur at CRSP now to continue.This would serve to make the policy and protection of CRSP similar to those of yoLa own Open Space District holdings that are open to the public. We are only asking you to support ideas that are already your own. There is a lot of room for interpretation in the criteria that must be fulfilled in order to designate a state land holding as a state wilderness. J) "Appears to have generally been affected by the forces of nature with the imprint of man's work substantially unnoticeable". In the vast majority of the park, from the visitor's point of view I would say that the imprint of human activity is substantially unnoticeable. In an earlier passage,the code clarifies this by saying a state wilderness should be, "an area of relatively undeveloped state-owned or leased land which has retained its primeval character and influence or has been substantially restored to a near-natural appearance without permanent improvements or human habitation, other than semi-improved campground,%and structures which existed at the time of classification ication of the area as a state wilderness." CRSP was logged in the 1800's but has now been substantially restored to a near-natural appearance. 2) "Has outstanding opportunities for solitude or a primitive and unconfined qW of recreation". I don't believe this criterion is in dispute. .3) "Consists of at least 5,000 acres of land either by itself or in combination with contiguous areas possessing wilderness characteristics, or is of sufficient size as to make practicable its preservation and use in an unimpaired condition". In combination with MidPen Open Spaces this criteria is fulfilled. Nearby Open Spaces are bordering or close enough to function as wildlife corridors with CRSP. In addition, there is a distinct possibility that the lands to the south,currently belonging to the San Lorenzo Water District will be added to CRSP some day. 4. "May also contain ecological, geological or other features of scientific, educational, scenic or historical value". CRSP fulfills all of these without dispute. It is not appropriate to refrain from giving CRSP the benefit of any doubt on these criteria. Clearly this is one of the places of best wilderness character that exists today in the Santa Cruz Mountains. The best use of this park that will serve the most people is to leave it in a wilderness state and allow visitors to enjoy it as such. Installing a new campground that 22221 McClellan Road,Cupertino,CA95014 Phone 408 9 252 9 3747 Fax 408-252*2850 Flnmcd on Rccycled Paper w0h Soy Ink APP-14-1999 13: 16 SCV AUDUBON R.02 people can essentially drive to will have reverberating effects on wildlife communities and ecosystems,and also will not serve a very large proportion of the visitors to this park. L-want to emphasiz e cu=nt uses will not ghlog; with the designation of CRSP as a s=wil!kmess. CRSP would still be open to the public in the same way it is now, very similar to the use of MidPeninsula Open Space District lands". Please make an official response to the General Plan asking that CRSP be designated as a wilderness. Thank you,once again,for considering this very important issue. Since red Beth Gray Member,Board of Directors Santa Clara Valley Audubon Society TOTAL P.02 Reg.ional Open S,, .ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-04 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS January 27, 1999 MINUTES I. ROLL CALL J. Cyr called the meeting to order at 6:35 P.M. Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Pete Siemens, Deane Little,Nonette Hanko, and Ken Nitz. Members Absent: None Staff Present: Craig Britton, Sue Schectman II. CLOSED SESSION J. Cyr stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 6:35 P.M. and the Closed Session commenced at 6:36 P.M. The Board concluded the Closed Session at 7:30 P.M. and J. Cyr called the Regular Meeting to order at 7:30 P.M. He noted that no reportable actions had taken place in Closed Session. Additional Personnel Present: Randy Anderson, Mary de Beauvieres, John Escobar, Malcolm Smith, Deirdre Dolan, Doug Vu, Michael Williams III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, asked what the District was going to do regarding the north side of the trail through the Windy HilUPortola Road parking lot. In addition, he asked about a claim for $200 as retainer to the Portola Valley town engineer. He asked that larger letters be used for the claims. King Lear, city council member, Los Altos, said he was happy to have the District office in Los Altos and he would try to occasionally attend Board meetings. IV. ADOPTION OF AGENDA 330 Distel Circle . Los Altos, CA 94022-1404 * Phone:6 50-691-1200 FAX: 650-691-0485 + E-mail:mrosd«openspace.org « Web site:www.ol)enspa(,e.org Board of/)irectors Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette lbr'iko,Betsy Crowder,Kenneth C. Nit/ . General Manager:L Craig Britton � Meeting 99-04 Page 2 Motion: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR J. Cyr asked that the minutes of the November 12, 1998, Special Meeting be corrected to remove the words"in doing" from the next to the last paragraph under Informational Reports. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including approval of the minutes of the November 12, 1998, Special Meeting as amended; and the November 18, 1998, and November 30, 1998, Special Meetings; replies to written communications from Deborah Rogers, 2160 Avy Ave., Menlo Park; Ernst O. Meissner, 1327 Johnson St., Menlo Park; Beverly Bryant 27060 Appaloosa Way, Los Altos Hills; Richard& Constance Sharp, 261 Vista Verde Way, Portola Valley; and Nancy& Chris Carter, 237 Canyon Drive, Portola Valley; agenda item 8,Notice of Contract Completion for the Demolition and Cleanup of the Former Sink- Barlow and Young Properties. Sierra Azul Open Space Preserve and Authorization for the Board President. or Other Appropriate Officer,to Execute the Notice of Completion of Contract and Acceptance of Work for the Cleanup Projects; agenda item 9, Authorization to Change Designation of Authorized Signatories for Entering Safe Deposit Boxes(Mid-Peninsula Bank), including adoption of Resolution 99-03 A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes (Mid-Peninsula Bank); agenda item 10, Approval for the General Manager to Authorize Additional Payment to the Law Firm of Miller_ StalL and Regalia for Legal Services in the Amount of$35.000_ and Revised Claims 98-20. K. Nitz seconded the motion. The motion passed 7 to 0. VI. BOARD BUSINESS A. Agenda Item No. 1 - Authorization of Agreements with 2M Associates and John Wade for Consultant Services on the Potential District Annexation of the San Mateo County Coast With a Maximum Budget of$400-000 and $5.000. Respectively—deport R-99- R. Anderson introduced Patrick Miller and Jane Miller(2M), and Terrell Watt. P. Miller said this would be a two-year program of planning, decision-making and recommendations. He said the team will work with the Coastal Advisory Committee for nine to twelve months soliciting comments about the potential annexation. They will work on the environmental review and fiscal impact study. He said they would be acting as District staff during LAFCO hearings, and would work with the ad hoc and advisory committees. N. Hanko commented that 2M had experience in San Mateo County. P. Miller answered questions from the Board, noting that the $122,000 for environmental i Meeting 99-04 Page 3 documents assumed the worst case condition, and they wanted to make sure the budget was sufficient. He said the products would be produced along the way and that their responsibility was to see that the project came within budget and on time. M. Davey described her previous excellent experience working with 2M. P. Miller noted that some clerical errors would be corrected in the agreements. P. Miller answered questions about the phasing of the process, noting that they would be coming to the Board for decisions along the way. S. Schectman said the LAFCO statutory requirement is that the District submit a service plan and environmental documents for the area to be annexed, including services they will provide, how they will do it, and how they will fund it. She said the service plan would not contain funding choices, but the fiscal plan could have various scenarios and could include multiple possibilities. J. Miller said the question is how the area is serviced now and whether that would change with annexation. LAFCO wants to know how the District would fund the annexation and verify that all local agencies involved in the change understand it. P. Miller said they could outline options but not a detailed financial analysis. He said they could answer fiscal questions to satisfy LAFCO's request for information in order to make a decision. Beyond that, they need to listen to what needs to be done from a lot of different people. C. Britton talked about the service plan, stating that policy development and Board decisions will dictate what the plan looks like. P. Miller said this was a program-level document and decision-making process. He listed some of 2M's major clients, stating the company did not take on work they could not do. C. Britton said the project required four or five areas of expertise. He said he thought this was the perfect place to hire a consultant. However, there would be staff needs. He said star needed management of the process, and P. Miller was good at that. Bob Wallace, 12881 Foothill Lane, Stanford, asked what area the annexation included, and said the District had done well on trails. Marge Ottenberg (no card), said 2M handled some very difficult situations in the trails master plan for San Mateo County. Chuck Kozak, P. O. Box 370702, Montara, talked about the cost and layout of the contract. He asked if an EIR is automatically required. S Schectman said no, but they were assuming there would be one. Regarding service needs on agricultural lands, C. Kozak said he thought they would find them somewhat different from current ones. There would be the issue of protection of those lands. He talked about the scope of John Wade's role. Meeting 99-04 Page 4 Peter Markey(no card), said he knew J. Wade, and he had a good relationship with farmers and property owners. April Vargas, Montara(no card), said many people were concerned about the money they pay and how it is spent. She commented on the way the contract was broken down, noting that it showed fiscal responsibility on behalf of the District. C. Britton talked about the selection process for the consultant, and noted that they had received a $200,000 grant from the Packard Foundation, so taxpayers were only paying for half of the cost. He said John Wade's function was helping staff to better understand the coast. P. Siemens said he would like to hear from the 45%who voted against the annexation as well as supporters. H. Haeussler talked about the expenses for the annexation, stating that, as a taxpayer in Santa Clara County, he had been paying taxes since the formation of the District. He thought the people living on the coast should put something up for it. D. Little suggested that maybe the District should be talking to its lobbyist about exempting districts like MROSD from the EIR process. Lotion: B. Crowder moved that the Board authorize the General Manager to execute the agreement with 2M Associates for consultant services on the potential District annexation of the San Mateo Coast, with a maximum not- to-exceed budget of$180,000 for all anticipated services and products on Phase I of the project, development of policies and draft service plan, and an anticipated maximum budget of$400,000 for all potentially required services, with page 2 paragraph(7), first sentence, to include the words, "arising out of any work" after the words, "subcontractors, or agents,"; and authorize the General Manager to execute an agreement with John Wade for consulting services on the annexation project, with a maximum not-to-exceed budget of$5,000. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2- Confirmation of Coastal Advisory Committee Appointments; Confirm the Participants Appointed to the Coastal Advisory Committee. Including Acceptance of the Cabrillo Unified School District Board of Directors' Decision not to Participate; Therefore a Third"at-large" Appointment by the Coastal Advisory Committee is Recommended to Maintain the Committee Appointee Level at 13; Acknowledge that the Formal Appointment by the Half Moon Bay City Council will occur at its Meeting of February 2' 1999;Designate Director Nitz as the non-voting Alternate for the District's Ad Hoc Committee Appointees to the Coastal Advisory Committee; and Strongly Recommend to the Coastal Advisory Committee that San Mateo County Supervisor Rich Gordon be Selected as Chair of the Committee—Report R-99-17). C. Britton presented the staff report. Meeting 99-04 Page 5 N. Hanko discussed recommendation 1, stating that the committee felt that three at-large representatives, rather than two, provided a better representation of the Board's intention. The committee felt the alternates should be non-voting members. B Crowder spoke regarding recommendation 4, stating that the ad hoc committee felt strongly that it was important to have as chair a person who was not aligned with either the"yes" or"no" vote on the advisory measure. Rich Gordon had indicated he would be willing to serve on the committee as chair. Therefore she changed the recommendation to read, "Appoint Supervisor Rich Gordon as chair of the Coastal Advisory Committee, subject to ratification by Coastal Advisory Committee members." M. Davey requested that recommendation 3 clarify that all alternates will be non-voting. Motion: M. Davey moved that the Board amend recommendation 3)to add the sentence, "Any alternate will be non-voting as well" and amend recommendation 4) to read, "Appoint San Mateo County Supervisor Rich Gordon as chair of the Committee subject to ratification of the Coastal Advisory Committee." M. Davey seconded the motion. The motion passed 7 to 0. Motion. D. Little moved that the Board confirm the participants appointed to the Coastal Advisory Committee, including acceptance of the Cabrillo Unified School District Board of Directors' decision not to participate; therefore a third"at-large" appointment by the Coastal Advisory Committee is recommended to maintain the Committee appointee level at 13; acknowledge that the formal appointment by the Half Moon Bay City Council will occur at its meeting of February 2, 1999;Designate Director Nitz as the non-voting alternate for the District's Ad Hoc Committee appointees to the Coastal Advisory Committee; stipulate that any alternate will be non-voting as well; and appoint San Mateo County Supervisor Rich Gordon as chair of the Committee, subject to ratification by the Coastal Advisory Committee. P. Siemens seconded the motion. The motion passed 7 to 0. There was a recess from 8:40 P.M.-8:50 P.M. C. Agenda Item No. 3 - Consideration of a Good Neighbor Pilot Do&Psgram for Long Ridge Open Space Preserve and Recommendation to Direct Staff and an Appropriate Board Committee to Develop a Good Neighbor Pilot Dog Program Whereby Standards for the Program Will Include a K-9 Patrol be Developed in Cooperation with the Neighbors and Field Staff at the Long Ridge Open Space Preserve(Report R-99-231. N. Hanko reviewed her report including discussion of the report prepared by Dr. McGinnis. She said about six months ago she began receiving letters from property owners near Long Ridge who had access with their dogs to a portion of the Preserve for ten years and prior to the District acquiring it, had permission from the owners. Following a serious accident on Skyline, people were afraid to walk their dogs there and wanted Meeting 99-04 Page 6 permission to use the grassy area away from the riparian area. She said people would be on the honor system and police themselves, and she thought they should reinstate permission to use the grassy area. In return, they could patrol the area, look for hazards, and report to rangers as a way of returning something to the District. Permits would be revoked if violations of standards occurred. She said this pilot program could help in developing neighbor policies for coastal annexation. Bob Wallace talked about his experience with dogs off leash at various parks. Steve Wolfe, P. O. Box 322A, Star Route 2, said he was one of nine people who sent letters and documents requesting the opening of Long Ridge. He felt it was important to give something in turn. He said they are concerned about the condition of the preserve and how it functions. He thought they were responsible and could make the program work. Denise Williams, Los Altos Hills (no card), said she was thrilled that this was being considered. Jerry Peters, 1531 Skyline Blvd., said Director Hanko had captured his thoughts. He talked about close calls while walking his dog on Skyline. Janet Peters, 1531 Skyline Blvd., thanked N. Hanko, noting that her property is surrounded by the preserve. She said they pick up trash and keep an eye on things. Bill Fawkes, Rt. 2, Box 329, La Honda, thanked N. Hanko. He said he would like to be able to take his dog on the preserve and that it was a safety issue. He said there were 20- 25 immediate neighbors adjacent to Long Ridge. He described the area they used to walk their dogs. He said most trails are old roads, not narrow trails. Some of the connecting ones are narrow. C. Britton said staff is not supporting this program because the McGinnis study was of a particular area of Long Ridge and was superseded by a matrix study of the District. Long Ridge landed below the line and they ended dog access. Because of enforcement, staff would like all preserves either opened or closed . Another problem is exclusivity with only access for neighbors. In addition, it may set a precedent for other preserves. He said if they are considering opening it, they should open the whole site to dogs. K. Nitz referred to the Warner Report and said one part of the plan he liked was involving the ranger staff. B. Crowder said she did not believe dog policies and good neighbor policies worked together. She did not want to burden staff with additional work. She said she did not want to revise the dog policy adopted in 1995. N. Hanko said that policy was adopted as a guideline. The idea of the good neighbor policy, which goes back farther, was to meet with neighbors to find out where problems were and act on them. She thought this proposal responded to neighbors' concerns, and did not see involving staff a great deal. Meeting 99-04 Page 7 D. Little strongly supported the plan for several reasons, including safety and the fact there was no evidence of dog problems at Windy Hill. He said he thought it showed a measure of respect for their constituents. K. Nitz noted that everyone who spoke called it a park, not a preserve. P. Siemens said in regard to the issue of enforcement, they might think about a permit system. This might be a good place to test such a program. J. Cyr said he would like to take the long view. This was setting precedent and would involve staff time. Also, it was not fair to allow access to only a few. He said he might be open to exploring a permit system farther. M. Davey said she thought the solution would be to open the whole preserve to dogs and have a neighborhood patrol. She said there is concern regarding the part of the preserve that is a fragile environment. She thought the District's goal was to make land available in the least harmful way. She said she knew there would be an increased burden on staff. B. Crowder if the plan were implemented, they would have to amend the 1995 dog policy and the Use and Management Plan. N. Hanko said she would be happy to have M. Davey's idea considered by field staff and the neighbors. J. Escobar said there would be increased public use and impacts on other preserves. He thought there would be a significant amount of law enforcement. In addition, Long Ridge had no off-road parking. J. Escobar said no jurisdictions that surround the District allow dogs. He said he believed staff would favor the preserve being open to everyone, not a permit system. Mown: P. Siemens moved that the Board refer to District staff and appropriate Board committee the concept of a pilot permit dog program for Long Ridge Open Space Preserve whereby standards be developed in cooperation with the neighbors and field staff. N. Hanko seconded the motion. Discussion: D. Little said he would like to see the Board vote on N. Hanko's proposal. P Siemens said he would rather have a committee come back with recommendations after looking at the concept. C. Britton recommended that they come back with simple permit system and try it out on a pilot program with the neighbors rather than get into some larger study they can't handle without setting aside other priorities. N. Hanko supported C. Britton's idea. J. Escobar suggested the Board could vote to open the area that was open to dogs before. Vote: The motion failed with Directors Siemens and Hanko voting yes and Directors Nitz, Cyr, Little, Davey, and Crowder voting no. Meeting 99-04 Page 8 Motion: M. Davey moved that the Board restore the dog use policy that preceded the 1995 change to the Use and Management Plan, and that they go through the process to change the Use and Management Plan. Amendment: D. Little asked to amend the motion to add P Siemens' suggestion of a permit system. M. Davey agreed to the amendment. N. Hanko seconded the motion as amended. Discussion: Additional discussion of the permitting system and the amount of staff time required followed. Vote: The motion passed 4 to 3 (Directors Siemens, Little, Davey, and Hanko yes, Directors Crowder, Nitz and Cyr no). S. Schectman said with litigation pending on uses, the Board might want to consider where the area of use will be and how it will affect the ongoing litigation. She said interested Board members can sit in on Use and Management Committee meetings as observers but cannot participate. There was a recess from 10:10-10:20 P.M. D. Agenda Item No. 4 - Tentative Adoption of an Amendment to the Use and Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve for the Establishment of a New Employee Residence. and Authorization for Staff to Solicit Bids for Site Planning and Design Services Necessary to Secure Building Permits From Santa Clara County—(deport R-99-14). M. de Beauvieres reviewed the staff report, noting that the preferred alternative would be to acquire a property with an existing structure suitable for use as an employee residence. If that does not work, installation of a manufactured home in the area on one of four potential sites would be the second choice. C. Britton explained that one of the problems is timing, so staff needs to spend some money to be ready to go in case the District isn't able to buy a house. Motion B. Crowder moved that the Board tentatively adopt an amendment to the Use and Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve for the establishment of an employee residence in the vicinity of Hicks Road; and authorize staff to solicit bids for site planning and design services necessary to secure building permits from Santa Clara County. P. Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5 -Permit for The SgQuoias -Portola Valley and Pacific Geotechnical En ingn eerine to Enter Windy Hill Oven Space Preserve for the Purpose of Conducting a Seismology Study and Authorization for the General_Manager to Execute the Permit to Enter—(deport R-99-091. Meeting 99-04 Page 9 D. Vu outlined staff recommendations. He said J. Isaacs would determine if reseeding needed to be done. To his knowledge, no archeological groups had been notified, but he would mention it. He said the work is being carefully monitored by the Town geologist. Board members commended D. Vu on the report. Motion: M. Davey moved that the Board authorize the General Manager to execute the Permit to Enter allowing The Sequoias-Portola Valley and their contractor, Pacific Geotechnical Engineering, to access Windy Hill Open Space Preserve for the purpose of conducting a seismology study. K. Nitz seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 6 - Tentative Adoption of Preliminary 1999-2000 Action Plan for Implementation of District's Basic Policy-Rtport R-99-1 W C. Britton noted that the Planning Program and Action Plan had been combined for the first time. He said there were new positions proposed but only general justifications for them would be presented at this meeting. When the Board considers adoption of the budget, specific justification for the new positions will be provided. Open Space Acquisition Program Negotiations and Special Projects Sublrogram M. Williams noted the proposed addition of a Land Protection Specialist position. M. Williams explained that the Land Protection Specialist would do easement monitoring and deal with encroachment issues. He said some of the key acquisitions would be to protect scenic ridge lines at the north end of the District boundary, and some properties that may connect the Bay Area Ridge Trail with the Santa Cruz Coastal Trail at the south end of the District. Under grants, gifts, and bargain sales, they will pursue key acquisitions in the Lexington Reservoir area with Santa Clara County Parks, and acquisitions at Long Ridge which may connect to Portola State Park with Save the Redwoods. Enterprise Subprogram M. Williams noted that staff would pursue a long-term arrangement with the new tenant at historic Picchetti winery which may include a potential vineyard lease. He talked about alternative lease arrangements which could include a long-term lease similar to the Bach/Bullis property at Skyline, or a lease that is structured like the Thornewood lease where there is some renovation done in lieu of a portion of the rent. S. Schectman explained that Items 14 and 15 under Negotiations and Special Projects Subprogram would be joint projects with the Legal Program which supports many projects in the action program. She said the Research Attorney position would be filled soon and that person would be working actively on those issues. M. Williams said that approximately 1,000 acres had been added to the District this year in Meeting 99-04 Page 10 20 transactions. Regarding Thornewood road arbitration, S. Schectman said it had been continued until March. She thought they would reach a compromise the District could live with. Open Space Planning Program Advance Planning(including related Interdepartmental Support and Team Development) Subprogram R. Anderson said there were a number of special projects including the coast, the trail use policy and guidelines, wilderness policy review, and an area plan. Another listed project was to increase and refine the level of attention given to supervision. He talked about proposed additional staff. C. Britton said staff will bring a proposal for a permanent reorganization of Planning, and are working with E. Jarosz on that. R. Anderson talked about the area plan which would include inventory of resources and development of a methodology. He said the current methodology did not focus on resources. R. Anderson said the Regional Open Space Study is complete except for the basic policy which will be coming to the Board at their next meeting. Current Planning (including related Interdepartmental Support and Information Systems) Subprogram work program attached) M. de Beauvieres reviewed the recommendations. Regarding the Sausal Trail, she said it should be complete this fiscal year. Regarding item 4 on the work program, she said the consultant would be doing the majority of the work under staff direction. R. Anderson talked about GIS, stating that staff would produce detailed maps showing holdings, facilities, and how trails are used, among other information. M. de Beauvieres said the issue of the closure of two trails would probably be coming back to the Board at the second meeting in February. Regarding item 39, C. Britton said they had not finished the acquisition of the Silva property. R. Anderson said they had received $1 70,000 from FEMA for the 1995 storms, which was roughly 30% of what was spent. They are filing appeals. Operations Program Field Operations Subprogram J. Escobar said the proposed plan reflects the operations program review outcome, Meeting 99-04 Page 11 including positions to be added. He said the seasonal hours cover Sunday staffing at Deer Hollow Farm and special projects, in addition to maintenance responsibilities. He said renegotiating the contract with Mountain View for Deer Hollow Farm should be added to the list of projects. Regarding Key Project 1, he said the focus this year would be on ranger and visitor safety issues and staffing levels throughout the program. He said vandalism is now being included in the monthly activity report. Staff is working on sign wording for trail closures at ECDM. He talked about Key Project 4, noting that staff will be working on improving systems and sharing responsibility on a systematic basis. Resource Management Subprogram In J. Isaacs' absence, J. Escobar said staff intends to put more resources into Pulgas Ridge this year. Key Project 3, Resource Management Program Development, was directly attributable to the Operations Program Review. He said they cannot recommend major changes at this time, but plan to come up with a long-term plan. They will be looking at increased participation and level of responsibility for field staff. J. Escobar said the Grassland Management Implementation Plan is in its third year and he hoped they would see reduced costs next year. It will require maintenance. Regarding Item 3 under Other Projects, he said field project leaders would be field staff in cooperation with the Native Plant Society and other volunteers. Public Affairs Program General Public Information and Outreach Subprogr M. Smith said Key Project 4, Coastal Community Outreach, was a significant addition to the general program emphasis. He said the Public Event referred to in Key Project 1 was meant to replace Kids Art of Open Space. He said they are budgeting for at least two mailings to the coast side as part of Key Project 4. He said the mechanism is in place to contact the press regarding actions pertaining to the Coast. Referring to item 2 under other projects, he said staff will be scheduling presentations to members of the media. M. Smith said the good neighbor brochure that will be sent to the coast will describe some of the District issues and policies that relate to neighbors surrounding open space preserves, to try to educate them about what the District does that is mutually beneficial, such as fire breaks. He said that, as part of the ongoing outreach, they will make presentations and provide information to Silicon Valley companies. He added that as item 10 under Other Projects. Legislative. Funding, and Organizational Relations Subprogram M. Smith talked about two new Key Projects, Coastal Preservation Effort and Funding for Mt. Umunhum Clean Up. Regarding Item 4, Sponsor Legislation, staff want some definition and language changes in Public Resources Code 5500, and changes to the Civil Code to redefine mountain biking Meeting 99-04 Page 12 Visitor Services Subprogram M. Smith talked about Key Project 1, Interpretive Program, stating that staff wants to refine the objectives of the docent program. Key Project 2 referred to the short courses for docent training. Environmental Education, Key Project 3, will include increasing training sessions to twice a year and continued efforts to secure funding for Kids Nature Express. At the Daniels Nature Center, some of the objectives are to finish the exhibit cases and install benches. Regarding Other Project number 5, he explained that the Grant Cabin was at Deer Hollow Farm. Administration Program Administration/Human Resources Subprogram D. Dolan said staff had added a sentence relative to the coast under general program emphasis. She talked about staff increases which included increasing the secretary to 60% time and adding a one-half time network specialist. She outlined Key Projects and added that the sound system for the Board Room would be upgraded. She said Y2K would be added as number 11 under Other Projects. In regard to Item 12, she said the idea is to provide a single place for information about the District. Legal Services Subprogram S. Schectman said the coastal expansion will be the major project. She said she hoped staff could reduce their reliance on outside counsel. The goal is to work with the research attorney as assistant District legal counsel to handle projects independently. Referring to Key Project 2, Risk Management, she described the lawsuits that are going on, including a civil rights suit for false arrest. She talked about Key Project 3, Human Resources, stating staff will finish the internal affairs policy, and binding arbitration and grievance issues. v�1 tion: N. Hanko moved that the Board adopt the Preliminary Action Plan, and charge Administration and Budget Committee with conducting a review of the Preliminary Action Plan on the Board's behalf as part of the budget review process. B. Crowder seconded the motion. The motion passed 7 to 0. G. Agenda Item No. 7 -Appointment of 1999 Board Committees-Report R-99-151. Motion: M. Davey moved that the Board approve appointments to standing and ad- hoc committees as contained in the staff report, including the determination of compensation status. K. Nitz seconded the motion. The motion passed 7to0. VII. INFORMATIONAL REPORTS N. Hanko reported as follows: 1. She hoped the District would take a strong position against the county charging an entrance fee at Rancho. C. Britton said they were not taking any position at Meeting 99-04 Page 13 this time. He had provided a full report in the FYIs. There seemed to be groundswell against the proposal. N. Hanko said they should let people know it is not the District's idea and they should contact the County. C. Britton said he would agendize the issue, if necessary. 2. N. Hanko said legal counsel had informed her that any interested Board members may attend the South Skyline meeting that the sheriffs will attend without fear of violating the Brown Act. J. Cyr read into the record Section 54952.2(c)(3) and (4) of the Government Code, as follows: "(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency." S. Schectman cautioned Board members about being drawn into discussions. 3. N. Hanko reported that M. Smith had provided to the Half Moon Bay newspaper an application for people who wished to fill one of the three at-large seats on the Coastal Advisory Committee. She announced dates of the first meetings of the Committee as follows: February 9 in Half Moon Bay, February 23 for the appointment of three new members, and March 9. She said they are planning bi-weekly meetings on Tuesday evenings at different locations on the coast. S. Schectman said it appears the Committee will be subject to the Brown Act. M. Davey said she and M. Smith went to the Bay Area Open Space Council meeting. The high point was Ralph Heim's report. He stressed it was important to keep in close contact with elected officials. B. Crowder said she and M. Davey went to T. Lempert's breakfast. D. Little said he got a call from an irate Mountain View resident regarding the proposed parking fees at Rancho. He said he intended to fight it personally. C. Britton said it was very difficult for the District to demand they not charge a fee when they were charging fees throughout the county. He said he would talk to Paul Romero to see if there were options. D. Little suggested that next time they do a proposed preliminary action plan that requires a lot of staff to be here they do it as the first item or at a special meeting. J. Cyr reported: 1. He had signed $29+million worth of bonds. 2. He said the Board needs six more lapel microphones. C. Britton reported as follows: 1. San Mateo County LAFCO passed a resolution asking Santa Clara County to pass the jurisdiction of the coastal annexation to them. 2. He brought to their attention that the payment to Jens Hansen at Windy Hill had been reduced by $2,700 because of the plant loss. 3. The claim questioned at the last meeting was for fumigation costs for the duplex at Rancho that is occupied by two field staff members. 4. He had a flier on the Bay Area Open Space Council Spring Conference on May 14. 5. The note issue closed today; he passed out the official statement. 6. Staff members had attended a talk by Jim Kent, a sociologist. He thought the subject matter would be germane to two of the District's projects, the coastal annexation and Meeting 99-04 Page 14 the possibility of a funding measure. He produced a memo from I Escobar and a copy of Jim Kent's background information. He said he would like to bring him in for a training session with Board and key staff members on Saturday, March 13. J. Kent would go to the coast, then meet for a four-hour seminar on general matters. J. Escobar said staff members were impressed and talked about J. Kent's methods. C. Britton he would like to provide media training and bring in a political advisor in the future in addition to this training session. VIII. ADJOURNMENT At 12:55 A.M. the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. ' Meeting 99-04 Date:January 27, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5498 650.00 Margit Aarons Archaeological Research-Long Ridge 5499 1119.92 Ace Fire Equipment&Service Co., Inc. Extinguisher Servicing 5500 130.49 ADT Security Services, Inc. Skyline Shop Security 5501 14.07 Allen Equipment Co.Inc. Equipment Repair Part 5502 43.32 Ang Newspapers Advertising-Public Hearings 5503 26.65 Arne Sign&Decal Co.,Inc. Decals 5504 40.35 AT&T Telephone Service 5505 i58.6e AYI 1 Pt.MOmtsw vo I D Facility Rental-Operations Meeting 5506 321.08 Barron Park Supply Company Plumbing Repairs-Enterprise Rental 5507 2592.59 Big 4 Rents Trencher Rental 5508 242.76 Bruce Barton Pump Service, Inc. Pump Repair 5509 437.83 Cabela's Uniform Supplies 5510 139.48 California Water Service Distel Circle Building Water 5511 9532.51 Carpenter Printing South Skyline Brochure Printing 5512 80.61 Continuing Education of the Bar Legal Resource Documents 5513 50.00 Country Almanac Subscription Renewal 5514 1175.00 Decatur Electronics Radar Unit 5515 3397.71 Design Concepts Graphics Contractor-Signs,Letterhead&Newsletter 5516 1580.00 Dillingham Associates Landscape Architects El Corte de Madera Creek Parking 5517 565.00 Kevin Emery Builder Enterprise Rental Repair 5518 1612.50 Enshallah Inc. Teague Hill Consultants 5519 155.00 Evergreen Oil Collection Service 5520 72.25 Federal Express Corporation Express Mail Service 5521 153.37 Gardenland Power Equipment Field Supplies&Tools 5522 1037.25 Goodyear Auto Service Center Tires 5523 64.46 GTE Wireless Cellular Phone Service 5524 113.48 Goodco Press Brochure Printing 5525 69.54 G&K Services Shop Towel Service 5526 181.87 Graniterock Road Repair Materials 5527 1583.00 Greenlnfo Network Map&Patrol Map Design&Production 5528 267.39 Guy Plumbing&Heating,Inc. Plumbing Repairs-Distel Circle 5529 431.10 Home Depot Field Supplies&Tools 5530 984.49 Irvine&Cooper Ireland vs MROSD Legal Services 5531 21.00 The JKA Group Publications 5532 75.75 John Kowaleski Reimbursement-Vehicle Accessories 5533 87.92 CSK Auto,Inc. Vehicle Parts 5534 279.10 Langley Hill Quarry Road Repair Materials 5535 935.20 •1 Lanier Worldwide,Inc. Copier Maintenance Service 5536 2160.00 The Learning Institute Computer Training Vouchers 5537 42.50 Paul McKowan Reimbursement-Professional Dues 5538 35000.00 " Miller,Starr&Regalia Legal Services 5539 34.00 National Notary Association Membership Renewal-S.Dale 5540 248.00 National Safety Council Subscription Renewal 5541 40.95 Noble Ford Tractor,Inc. Tractor Oil 5542 325.00 North American Title Company Title&Escrow Fees Page 1 Claims Nc 2 Meeting 99-04 Date:January 27,1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5543 -186+48 Office Depot Office Supplies 495.92 5544 1436.57 Orchard Supply Hardware Field Supplies&Tools 5545 1394.46 Pacific Bell Telephone Service . 5546 --4;99.;95 Pearson Automobile Company Vehicle Servicing 270.60 5547 51.64 Peninsula Blueprint,Inc. Printing Services 5548 239.80 Pine Cone Lumber Co.,Inc. Lumber 5549 2783.65 Pip Printing Printing Services 5550 276.41 Pitney Bowes Credit Corporation Postage Meter Lease 5551 12.28 Precision Engravers,Inc. Name Tag 5552 91.08 Raymaker,Laura Supplies 5553 34.13 Rayne Water Conditioning Water Service 5554 660.63 Reed&Graham,Inc. Road Repairs 5555 7000.00 Reitman Group Appraisal Consultant 5556 10.00 Rich's Tire Service Vehicle Repair 5557 2213.18 Roy's Repair Service Vehicle Maintenance&Repairs 5558 351.25 Russ Enterprises, Inc. Signs 5559 1210.29 R.V.Cloud Company Water line Project Fremont Older 5560 319.48 San Jose Mercury News Recruitment Advertisement 5561 33130.05 San Mateo County Election Services 5562 187.83 Signs of the Time Signs 5563 36.71 Skyline County Water District Water Service 5564 32.79 Skywood Trading Post Fuel 5565 266.84 Stevens Creek Quarry, Inc. Drain Rock 5566 1247.58 Teeter&Etc. ROSS Map Graphics/Teague Maps 5567 80.00 Therma Corp. Thermostat Repairs-Distel Building 5568 36270.00 Tobar Excavating Barlow/Sink/Young Structure Removal 5569 4000.00 '2 Tobar Excavating Additional Barlow Removal 5570 10.12 '3 United Parcel Service Postage 5571 236.50 United Rental Bobcat Sweeper Rental 5572 360.00 Rich Voss Trucking, Inc. Base Rock 5573 -2849.89- Visa 189.46 Conference Expenses/Supplies 2476.79 1199.48 Conference Expenses/Supplies 170.88 Conference Expenses 670.00 Conference Expenses 120.07 Film 5574 887.88- West Group Real Estate Code Book 487.88 5575 245.05 Williams,Michael Vehicle Reimbursement/Right of Way Dues 5576 300.00 Wolfe,Roberta Minutes 5577 124.80 Zadek,Lisa Vehicle Reimbursement 5582R 860.37 Los Altos Garbage Company Dumpster Service 5583R 204.43 John Cahill Vehicle Expense Page 2 Claims N( ? Meeting 96- Date:January 27,1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5584R 22983.10 Jens Hansen Company,Inc. Windy Hill Access Improvement Project 6685R 5077.40 BNY Western Trust Company Trustee Fees-1999 Revenue Bonds 6586R 2200.00 Oppenheimer Wolff&Donnelly Trustee Counsel Fee-Revenue Bonds 5587R 5500.00 Causey,Demgen&Moore Inc. Verification Report-1999 Revenue Bonds 6688R 70000.00 Orrick,Herrington&Sutcliffe LLP Bond Counsel's Fee-1999 Revenue Bonds 5589R 344.90 Petty Cash Local Business Meetings,Vehicle Expense, Volunteer Supplies,Resource Documents, Uniforms and Office Supplies *1 Urgent Check Issued January 20,99 *2 Urgent Check Issued January 15,99 *3 Urgent Check Issued January 14,99 *'Pending Approval of Agenda Item 10 TOTAL $273,779.00 Page 3 Regional Open 1.- c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-05 REGULAR MEETING BOARD OF DIRECTORS February 10, 1999 MINUTES I. ROLL CALL J. Cyr called the meeting to order at 7:32 P.M. Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Pete Siemens, Nonette Hanko, and Ken Nitz. Members Absent: Deane Little. Staff Present: Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Gordon Baillie, Randy Anderson, Malcolm Smith, Lisa Zadek II. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, said he agreed with Prentice Coles' letter regarding litter at Rancho San Antonio Open Space Preserve, and said that one of the ways to solve the problem would be to put trash containers at the entrance to the preserve. III. SPECIAL ORDER OF THE DAY B. Crowder said Friends of Castle Rock were asking the District to take a position on the current state parks planning process. Representatives of various groups made a presentation opposing more development in the park. They included Bruce Bettencourt; David Shrom(magic teacher and ecologist)who showed slides; Lida Beth Gray(representing Santa Clara Valley Audubon Society and Loma Prieta Chapter of the Sierra Club); and Barry Bolt, Friends of Castle Rock Park. Eric Isacson, P. O. Box 511, Saratoga, South Skyline Association, said that, as a resident, his purpose in speaking was to tell the Board there was an alternate viewpoint. He said he was a member of the South Skyline Association and active on the advisory committee. He had two documents: the South Skyline Association comments on the general plan as they saw it in July, and suggestions from adjacent residents to make the plan more effective. He urged the Board to look at those suggestions. Jan Anderson, park superintendent, responded to the presentation, stating there had been four public meetings and the Board had received notice of them. She said Castle Rock was classified as 3 W Distel Circle * Los Altos, CA 94022-1404 Phone:650-691-1200 FAX: 650-691-0485 . E-mail: mrosdr,openspxe.org Weh site:www.openspace.org Board of Oirectorti fete Siemens,Mary C.Davey,led Cyr,Duane Little, Nonette Hanko, Retry Crowder,Kenneth C. Nitz » General Manager:t Craig Britton Meeting 99-05 Page 2 a state park in 1968. She talked about wilderness area criteria, noting that half of the park is classified as natural preserve which has stronger criteria than wilderness. Two percent or less of Partridge Farm would be developed. She talked about the proposal for developing park amenities and said the plan was not based on revenue production. She also commented on the process and why it was held up. The general plan process is undergoing review. She said that some issues were not resolved, including the declaration of purposes and the Partridge Farm camping proposal. She said the draft plan should be available by the end of the month. C. Britton responded to B. Crowder stating that other public boards seldom get involved in formal District plans if they are outside the District's boundaries. If they are adjoining District lands, they would receive a draft plan. If there are issues it would go to Use and Management Committee who would decide if there should be a presentation to the Board. He said that without seeing the plan and talking to staff, it was premature to have a debate on the plan. The state park commission would make the final decision. B. Crowder said she wanted to wait until the plan was circulated. She said the District does not want to try to influence a neighbor agency. If one or more Board members would like to participate in the process, her recommendation would be for them to participate at that time, possibly as an ad hoc committee. N. Hanko said she thought there would be repercussions on District land, and we should be working in concert with such agencies that have land near ours. P. Siemens agreed. IV. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 6 to 0. V. ADOPTION OF CONSENT CALENDAR K. Nitz and B. Crowder removed agenda item 5, Approval of the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum to Accommodate an Agreement with CellularOne at the Same Location at Pulgas Ridge Open Space Preserve• Determination that the Recommended Actions are Categorically Exe t from the California Environmental Quality Act; Authorization for the President of the Board of Directors to Execute the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the Telecommunications Facility at t Pul a�; s Ridge Own Space Preserve; and Authorization for the President of the Board of Directors to Execute a Communications Site Lease and Agreement with CellularOne for the Telecommunications Facility at Pulp-as Ridge Open Space Preserve; agenda item 7, - Annual Progress Report On the Use of Radar On District Lands; and agenda item 8, Acceptance of the Informational Report on the Ranger Bicycle Patrol Program in 1998. B. Crowder removed agenda item 6, Acceptance of the 1998 Miscellaneous Enforcement Activity Summary and the Eight Year Field Activity Summary. Motion: K. Nitz moved that the Board adopt the Consent Calendar including the minutes of the December 9, 1998, Regular Meeting; a response to a written communication from Prentiss Cole, 75 Coronado Ave., Los Altos; agenda item 4, District Meeting 99-05 Page 3 Appointments to the Midpeninsula Regional Open Space District Financing Authority Governing Board: and Revised Claims 99-03. P. Siemens seconded the motion. The motion passed 6 to 0. V1. BOARD BUSINESS A. Agenda Item No. 1 —Adoption of the Final Basic PoLcy Language for Objective 2, Opp Space Management* Policy, Recreational Use and Improvement Tentatively Adopted December 16, 1998- or: Consider the Alternative Wording Based on the Trail Use Policies -(Re.port R-99-31) R. Anderson presented the staff report, stating it was important that the message be clear and consistent with District practices and policies. He said the objective was not to set a new policy or practice, but to reflect existing policies. N. Hanko said she felt very strongly about Policy 1.2, "Protect the opportunity for tranquil nature study and observation, especially in those areas identified as providing a unique wilderness experience," being part of the basic policy. R. Anderson suggested adding that wording to the second sentence of the first paragraph of the alternative wording. Linda Elkind, 14 Hawk View, Portola Valley, urged the Board to adopt the alternative language because it related more directly to the current trail use policy. She said she believed it would serve as a much more effective tool to accommodate recreation in the context of protecting natural resources. She was against the criteria-based alternate and believed the other alternate would allow mitigation of specific environmental impacts but would not protect natural resources nor avoid user conflicts. She said mitigation seldom made things better or protected natural resources. Ross Finlayson, Mountain View, ROMP, said he thought this had been covered at the last meeting. He didn't think the language agreed to last time conflicted with the trail use plan but mentioned reasonable accommodation to persons with disabilities and should be included. He agreed with N. Hanko regarding wilderness experience. He asked that they adopt the language approved at the last meeting. Berry Stevens, 3265 Fair Oaks Avenue, Redwood City, ROMP, strongly urged the Board to adopt the criteria-based wording. Judi Baskin, P. O. Box 620108, Woodside, said she thought the wording had been decided upon and that it was unfair to do something else without the input of those who were here in December. She had letters representing 170 people who would like to see the wording they thought was going to happen. R. Anderson described the noticing procedure for the meeting. C. Britton reminded those present that there would be a second reading. Paul Koski, 22030 Regnart Road, Cupertino, described his activities in the District and said he was shocked regarding the alternative wording. He encouraged adoption of he Meeting 99-05 Page 4 criteria-based language. Marilyn Walter, 20 Coyote Hill, Portola Valley, said she favored the alternative wording because the criteria-based wording is negative. The alternative is a more positive approach based on District policies. Dawn Rintala, 1505 Revelstoke Way, Sunnyvale, said she planned to stay in the area because of all the things offered. She said she loved cycling and found the wording in the new proposal biased against her. She asked that the Board reconsider so that use exclusion is the exception rather than the rule. Roger Rintala, 1505 Revelstoke Way, Sunnyvale, said he was passionate about multi-use trails. He said he treasured the opportunity to use preserves in many ways. He urged them to approve the language that was proposed in December. Bob Stucky, 180 Fox Hollow Road, Woodside, representing the San Mateo County Horseman's Association, said he supported the criteria-based access. Bill Korbholz, 640 Lake Mead Way, Redwood City,said it was interesting to note that the Board spent a lot of time listening to people who sought help in preserving and protecting open space. He said the District's purpose was not to provide thoroughfares. Hiking is the least intrusive access. He supported the alternative language heard tonight. Kathy Korbholz, 640 Lake Mead Way, Redwood City, supported the alternative language. She said they need to protect the land and only allow things that won't damage it further. H. Haeussler commended staff and said he liked criteria based wording better. Following discussion, I Cyr asked staff to type up the proposed wording and come back later in the meeting. (Note: The Board returned to this item following action on Item 3.) There was a recess from 9:18-9:25 P.M. B. Agenda Item No. 2-Proposed Initial Actions Resulting From the Recommendations of the Operations Program Review; Approval of the Retention of the Rangzers' Current Defensive Equipment and Current Uniform Profile and Reaffirm by Formal Board Action the Poli y Not to Authorize the Ranger Staff to Carry Firearms; Authorization for the General Ma_naaer to Hire Two Additional Ran eg,er ;Direct the Ad Hoc Committee to Continue Developing a Work Plan Based Upon the Operations Program Review in Such a Manner to Foster a Closer Working;Relationship Among Field Staff Management,. and the Board of Directors* and Direct the Ad Hoc Committee to Continue its Work with Staff and to Periodically Provide Progress Reports to the Board—f tort R-99-221 I Escobar presented the staff report on behalf of the ad hoc committee and discussed each of the four recommendations in some detail. N. Hanko said the three committee members attended the South Skyline Association Meeting 99-05 Page 5 meeting where sheriffs officers of three counties were also in attendance. They asked the sheriffs questions and expect to see a continued relationship with them. Michael Newburn, Midpeninsula Rangers Peace Officers Association, strongly encouraged the hiring of two rangers and taking a realistic look at the staff it takes to run the organization. He expressed concern about representation on the ad hoc committee stating that he would like to see two members of field staff assigned to work with J. Escobar, G. Baillie, and the ad hoc committee. Discussion followed regarding notices of the meetings. J. Escobar said the recaps of meetings could have information on the next meeting. He announced that the next meeting would be on March 8. Matt Ken, District Ranger, suggested hiring four new rangers. He said he was still a proponent of being armed. He suggested incorporating a process to evaluate the performance of the sheriffs—maybe a goal of 15 minutes response time. He also suggested that the Board keep the arming of rangers in mind. Brian Malone, District Ranger, spoke about the need for more maintenance staff and the importance of staff s involvement on the ad hoc committee. He thought there should be written notice, paid time for attendance, and an advance agenda. J. Escobar said the intent was that between each ad hoc committee meeting there would be a field meeting. Regarding staffing levels, he said he was not sure the District needed only two more rangers or that more maintenance isn't needed. He said he wanted to bring a five-year staffing plan to the Board. B. Crowder said it seemed that recommendations 3 and 4 were close to what gets done during union negotiations. J. Cyr said the committee was trying to respond to some of the key items in the operations review that indicated there were some areas needing improvement. An example was communicating with staff in terms of the decision-making process. In answer to a question about why the ad hoc committee needed to continue, N. Hanko said they were not finished going through the Warner report. Responding to B. Crowder's concern about the Board being involved in personnel issues, she said they did not intend to replace the staff effort in negotiating with the union. C. Britton shared B. Crowder's concern and stated that he could not recommend assigning staff to attend ad hoc committee meetings. J. Escobar reminded ad hoc committee members that they had discussed the issue of staff participation. One of the primary recommendations of the report was that management needed to form a better working relationship with staff, that there needed to be a higher level of trust, and that they needed to set up some system to make sure that happens. P. Siemens said that when the work plan is completed and items prioritized he would like to dissolve the ad hoc committee. The work plan should identify which standing Meeting 99-05 Page 6 committee each item would go to. Motion: M. Davey moved that the Board approve the retention of the rangers' defensive equipment and current uniform profile, and reaffirm by formal Board action the policy not to arm the ranger staff, authorize the General Manager to hire two additional rangers, one in each geographic area; direct the Ad Hoc committee to continue developing a work plan based upon the Operations Program Review in such a manner as to foster a closer working relationship among field staff, management, and the Board of Directors; and direct the Ad Hoc committee to continue its work with staff and to periodically provide progress reports to the Board. K. Nitz seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3 -Teague Hill Open Space Preserve Surplus s Proper: Update and Authorization of Additional Budget for Consultant Services and Other Recommended Beres;Consideration of Alternatives Regarding Retention or Disposition of Surplus Properly at Pinto Way Through Lot Line Adjustment or as a SingeSite* Determination of Categorical Exemption from the California Environmental Quality Act;and Authorization of Other Expenditures Related to Potential Disposition Under Either Alternative—(deport R- 9- 5 R. Anderson reviewed staffs three alternative recommendations, stating that this was a complicated issue. C. Britton provided historical information about the property and said he recommended alternative 3. Discussion followed regarding the value of the land. Eric Broadbent, 30 Roan Place, Woodside, said he and his neighbors were now involved in an area emergency response plan. He said it wouldn't do any good to add to the potential of development in this area. He said it would be irresponsible to develop there and urged approval of alternate 3. S. Schectman clarified that the District's compliance with CEQA requirements was adoption of a categorical exemption. B. Crowder pointed out that had the District not purchased the land in 1988, it probably would have been developed. Ann Nolan, 40 Roan Place, Woodside, thanked the District for purchasing and preserving the land. She asked them to reflect on their purpose and urged then to vote for option 3. She described the dangerous situation should there be a fire or flood. She said she thought the District had erred in thinking the property was saleable and gave reasons for her opinion. She asked that they focus on their mission. Jay Siedenburg, 10 Pinto Way, Woodside, urged approval of proposal 3. He was concerned about fire safety and evacuation routes. He said there are 46 houses on the cul- de-sac. He has expressed his concerns to the Town and quoted a letter from the town Meeting 99-05 Page 7 attorney stating that safety would be an issue at the time development is sought. In relationship to that, Mr. Siedenburg said getting the lot line adjustment might not mean it is developable. Pauline Siedenburg, 10 Pinto Way, Woodside, talked about her personal experience regarding flooding after water was diverted, and urged approval of alternate 3. C. Britton said public parking would probably be along Kings Mountain Road in concert with the County of San Mateo. N. Hanko talked about how Teague Hill was acquired. She said she would have preferred a fourth option which would be to completely give up any intention of doing anything with the property except saving it as open space. Motion: M. Davey moved adoption of alternative 3, that the Board cease attempts to actively complete the lot line adjustment or market the property: A. Determine that the sale of surplus property for potential development as one residential lot is categorically exempt from the California Environmental Quality Act (CEQA)based on the findings contained in the staff report. B. Authorize an additional $5,000 budget for the project in the 1998-1999 FY Planning Program budget ($35,000 total)to allow plans and reports to be finalized. C. Approve the continued undedicated status of the property for potential future exchange or sale. P. Siemens seconded the motion. Discussion: P. Siemens noted it was unfortunate that the ballot issue in Woodside to purchase this property didn't pass. He talked about Los Gatos purchasing half of St. Joseph's Hill and said he said he would support alternative 3. J. Cyr said he would support that alternative as well. Vote: The motion passed 6 to 0. C. Britton and Board members thanked R. Anderson for his work on the project. The Board resumed discussion of Agenda Item No. 1. Agenda Item No. 1 —A option of the Final Basic Poligy Language for Objective 2- Open Space Management; Poligy c,Recreational Use and Improvement Tentatively Adopted December 16, 1998 or: Consider the Alternative Wording Based on the Trail Use Policies deport R-99-31). Motion: B. Crowder moved that the Board approve the wording as amended. P. Siemens seconded the motion. The motion passed 6 to 0. Following is the proposed wording of the criteria-based alternative approved by the Board: Meeting 99-05 Page 8 "The timing and level for low intensity public recreational use of District open space land will be evaluated for each type of use in terms of four basic criteria: l. Protection of natural resources; 2. Protection of the opportunity for tranquil nature study and observation; 3. Avoidance of significant user conflicts; 4. Availability of Board and staff time, and/or other means, to plan and manage the use. The District will plan for low intensity public access to ensure that these criteria will be met before use is provided, and will control use that does not meet the criteria, as interpreted by the Board. To protect open space qualities, the District will use a high standard in applying the criteria. Access for hiking is typically unrestricted on District trails and lands. Wheelchair accessible trails and other reasonable accommodations for people with disabilities are provided to ensure access to a range of open space settings with wide geographic distribution. Safe and enjoyable access for hiking and for persons with disabilities may be given priority over other types of uses where significant conflicts are evident. The District is committed to working with different trail user groups to find practical solutions to recreational use issues with the understanding that some trails or preserves may not be open to all uses." D. Agenda Item No. 5-Approval of the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum to Accommodate an Agreement with CellularOne at the Same Location at Pulgas Ridge Open Space Preserve;Determination that the Recommended Actions are Categorically Fxem% from the California Environmental (Quality Act; Authorization for the President of the Board of Directors to Execute the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the Telecommunications Facility at Pub Ridge Open Space Preserve; and Authorization for the President of the Board of Directors to Execute a Communications Site Lease and Agreement with CellularOne for the Telecommunications Facility at Pul ag, s Ridge Open Space Preserve—(Report R-99-29) C. Britton said we are actually getting more money. S. Schectman said CellularOne is co- locating and using less space. Motion: K. Nitz moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set forth in the staff report; authorize the President of the Board of Directors to execute the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the telecommunications facility at Pulgas Ridge Open Space Preserve; and authorize the President of the Board of Directors to execute a Communications Site Lease and Agreement with CellularOne for the telecommunications facility at Pulgas Ridge Open Space Preserve. B. Meeting 99-05 Page 9 Crowder seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 6 - Acceptance of the 1998 Miscellaneous Enforcement Activity S mma and the Eight Year Field Activitty Summary-(Retort RR- B. Crowder asked if the bicycle violations in Appendix B could be broken down by occurrence at ECDM and/or Sierra Azul. G. Baillie said it could be done after some research. J. Escobar said staff will be sending a memo to the Board on current conditions at ECDM following adoption of the trail plan. C. Britton said staff wants to keep track of re- opening of trails. In answer to questions regarding Items A.13 and 14 of Appendix B, J. Escobar said those violations would include such things as blocking gates and being in a handicapped parking space. G. Baillie said the reason for so many warnings compared to citations is that part of the philosophy is trying to educate users. J. Escobar said staff is proactive in terms of writing tickets compared to many other agencies. In answer to a question about item D.3, resisting arrest, G. Baillie said it has the potential to be dangerous. There have been no assaults on staff. G. Baillie clarified that violations are of District ordinances, versus violations of the Penal Code. At the request of N. Hanko, G. Baillie read from the record of a June 13 assault with a deadly weapon(bicycle). Motion: B. Crowder moved that the Board accept the report. K. Nitz seconded the motion. The motion passed 6 to 0. F. Agenda Item No. 7 - Annual Progress Report On the Use of Radar On District Lands (Ileport R-99-24). K. Nitz asked why citations decreased more than readings. J. Escobar said staff has a high degree of discretion. He talked about possible reasons for the decrease and said they might do a study with radar which would compare readings by plainclothes personnel in contract to those in uniform. Motion: P. Siemens moved that the Board accept the report. K. Nitz seconded the motion. The motion passed 6 to 0. G. Agenda Item No. 8 - Acceptance of the Informational Report on the Ranger Bi cle Patrol Program in 1998-(Report R-99-30). G. Baillie said weather and absence of rangers were factors in the decrease. J. Escobar mentioned that they are getting two new radar units which are much lighter than the ones Meeting 99-05 Page 10 currently in use. Motion: P. Siemens moved that the Board accept the report. K. Nitz seconded the motion. The motion passed 6 to 0. VII. INFORMATIONAL REPORTS M. Davey attended the County Planning Commission representing the District in deliberations about what to do about Stanford land. Their use permit is coming to a conclusion. C. Britton said the District would like to be involved in seeing that everyone gets together and he thought the Board would want to take a position on this. He will draft a letter for the President's signature. M. Davey talked about the first meeting with the coastside the previous evening. Votes were unanimous that Rich Gordon be chair, and on the process for screening applications. N. Hanko said the South Skyline meeting was interesting. J. Cyr said he thought it was especially significant to have the three sheriffs, county parks, CDF, and the District on the same panel. B. Crowder attended the San Mateo County Historical Museum grand opening. She said there was information in the FYIs regarding the Bay Area Open Space Council conference on May 14. C. Britton reported as follows: 1. He attended the Santa Clara County LAFCO meeting where they approved a request from San Mateo County to take jurisdiction on the coastal annexation. 2. The Santa Clara County Parks Commission voted 6 to I against park fees. The Board of Supervisors might still want to charge at Rancho. 3. They have received five applications so far for the at-large positions on the coastal advisory committee. 4. B. Crowder, M. Davey and J. Cyr attended the State of the District presentation last Friday. Program members made the presentations. 5. He received a call from Ted Lempert's office regarding representation on the Airport Roundtable. 6. He complimented the Board on the hard work they did at this meeting. M. Smith announced the District's annual volunteer recognition event which will take place on Thursday, June 24. J. Escobar said he and G. Baillie will make presentations at the CPRS Conference which will be at the Santa Clara Convention Center February 18-20. VIII. ,ADJOURNMENT At 11:38 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 99-03 Meeting 99-07 Date: February 10, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 77 5590 409.86 Acme&Sons Sanitation Sanitation Services 5591 130.49 ADT Security Services Skyline Office Alarm Service 5592 353.52 All Laser Service Printer Maintenance 5593 217.58 Allen Equipment Company Vehicle Tool Box 5594 62.73 Randy Anderson Vehicle Expense 5595 #?.2? AT&T Telephone Service 71.33 5596 169.84 Barron Park Supply Co. Plumbing Repairs 5597 242.00 Battery-Tech Inc. Radio Battery 5598 478.30 Best Impressions Crayon Boxes with District Logo 5599 652.31 Big 4 Rents Backhoe Rental 5600 105.00 Bill's Towing & Recovery Towing Services 5601 2,466.00 Louis Bordi General Engineering Bechtel Driveway Restoration Repair 5602 242.76 Bruce Barton Pump Service, Inc. Enterprise Rental-Water Pump Repair 5603 60.00 Jane Buxton ROSS Study Consultant 5604 159.25 John Cahill Vehicle Expense 5605 46.22 California Chamber of Commerce Labor Posters 5606 174.87 California Water Service Company Water Service 5607 153.00 Camino Medical Group Medical Services 5608 89.99 Carsonite International Decals for Handicapped Stalls 5609 134.32 Cole Supply Co., Inc. Janitorial Supplies 5610 315.28 Communications&Control Inc. Mt. Umunhum Water Pump 5611 68.29 Continuing Education of the Bar Legal Resource Documents 5612 41.00 Cougar Couriers Express Mail Service 5613 4,517.50 Coyote Creek Riparian Watershed Assessment--Gis Project 5614 327.23 Costco Wholesale Office, Shop&Volunteer Supplies 5615 175.00 Cupertino Chamber of Commerce Mailing Labels 5616 1,720.00 Done Right Roofing &Gutters Enterprise Rental--Roof Repairs 5617 194.20 Dyna Med Medical Supplies 5618 800.00 Emily &Associates Personnel Consultant 5619 141.92 Foster Bros. Security Systems, Inc. Combination Locks 5620 30.98 Galls Inc. Uniforms 5621 141.00 Garcia Well & Pump Company Incerpi House-Water Pump Assessment 5622 38.66 G & K Services Shop Towel Service 5623 161.95 Goodco Press Inc. Letterhead Printing 5623 110.64 GreenWaste Recovery, Inc. Skyline Garbage Service 5624 122.41 GTE Wireless Cellular Phone Service 5625 10.00 Gunderson Medical Foundation Tick I.D. Cards for Docents&VTP's 5626 87100 Gavin Hoban Consulting Services--ROSS Priorities 5627 990.00 International Training Resources, Ltd. Defensive Tactics Training 5628 514.19 Interstate Traffic Control Products Signs 5629 599.63 Jodi Isaacs Reimbursement--Vehicle&Conference Expenses-Wild Life Society Conference 5630 980.33 Ken's Lettering & Restoration "Seager Memorial Rock" Inscription 5631 230.41 Lab Safety Supply Safety Supplies 5632 90.45 Langley Hill Quarry Rock 5633 79.29 Life-Assist, Inc. Medical Supplies Page 1 ' Claims No. 90-03 K8eeUng08-O7 Date: February 10. 1999 Revised M|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5634 100.00 Los Altos Chamber of Commerce Mailing Labels 5835 1.226.53 Los Altos Garbage Company DumopsterSorvime 5638 478.39 Lucent Technologies Phone Maintenance Service 5637 237.12 K4atnoK8obi|aCornnnunicobone Radio Maintenance& Repairs 5638 395.35 K8C| VVor|dcomn Long Distance Phone Service 5639 120.00 K8oheK0oGough Accounting Consultant 5840 157.80 K0inton'a Lumber @Supply Concrete Mix 5841 150.00 Mountain View Chamber ofCommerce Mailing Labels 5842 503.83 National Fire Fighter Corp. Fire Equipment--Foam 5643 50.05 Northern Energy, Inc. Propane 5644 61.86 Office Helper Office Supplies 5845 301.50 Pacific Bell Telephone Service 5648 203.00 Palo Alto Chamber ofCommerce Mailing Labels 5647 33.97 PC World Subscription Renewal 5648 106.83 Pearson Automobile Company, Inc. Vehicle Repairs and Parts 5649 236.82 Peninsula Blueprint, Inc. Printing Services 5050 250.00 PER8 Public Agency Coalition Membership Dues 5651 480.44 Pine Cone Lumber Co.. Inc. Lumber 5852 544.23 PIP Printing Business Card, Map& Newsletter Printing 5053 33.35 Precision Engravers, Inc. Name Tag Engraving 5854 698.95 Rana Creek Habitat Restoration Second Phmse-Gromo!ondStudy 5655 1.000.00 Tom Randall March--Rent Agreement 5650 34.13 Rayne Water Conditioning Water Service 5857 200.00 Redwood City Chamber ofCommerce Mailing Labels 5658 646.92 Roy's Repair Service Vehicle Maintenance& Repairs 5659 86.15 R.V. C|oud Plumbing Supplies 5680 114.75 8ohsb/-0aan Systems, Inc. Solvent Tank Service 5681 10.00 °1 San Mateo Co. Public Health Lab Tick Testing 5862 80.00 Saratoga Chamber ofCommerce Mailing Labels 5863 23.25 ^2 Sears Equipment Part 5664 361.81 °3 Second Cup Business Meeting Expense 5865 119.08 Si|aooi'o Feed Barn, Inc. Gate 5066 3.500.00 RichBkierko Land & Boundary Surveyor 5667 88.02 Skyline County Water District Water Service 5668 481.40 Specialty Truck Parts, Inc. Equipment Parts 5669 512.55 Stevens Creek Quarry, Inc. Rock 515.82 5670 53.04 Summit Uniforms Uniforms 5071 488.77 Tap P|amdioo. Inc. Nature Center Diep|oy-Aory|icSheets 5672 14.43 Taylor Rental Small Tool 5873 531.51 Taatar& Etc. ROSSyNopping 5674 705.00 Terreoeoroh |nc. Bridge Gaotmohnico| Services 5875 13.950.00 T.K.O. Construction Lo Honda Creek Bridge Contractor 5676 5.025.00 Mike TobarExcavating Demolition Contractor 5877 32.62 Too|and. |no Equipment Parts 5678 83.53 []evidTop|ey Vehicle Expanse 5679 0.837.85 Universal Printing Company Visitor Map Printing 5690 19.00 °4 UPS Parcel Mail Page 2 Claims No. 99-03 Meeting 99-07 Date: February 10, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5681 3,000.00 U.S. Postal Service Postage 5682 57.63 Vallen Safety Supply Company Equipment Replacement Parts 5683 360.00 Rich Voss Trucking, Inc. Rock Trucking Fees 5684 706.57 West Group Payment Center Library Updates &On line Service Fee 5685 32.48 West Tek Supply, Inc. Field Supplies 5686 124.54 Wheel Works Tire 5687 300.00 *5 Roberta Wolfe Recording Services 5688 200.00 Woodside& Portola Private Patrol Secure Gates--Windy Hill Parking Lot 5689R 135.31 7eater& Etc. Teague Hill Map Graphics 569OR 9,904.88 101 Equipment Sales Transport Trailer 5691 R 10,000.00 North American Title Company Escrow Deposit 5692R 259.91 Petty Cash Local Business Meetings, Vehicle Expense, Bridge Toll, Docent Supplies and Office Supplies *1 Urgent Check Issued February 1, 1999 *2 Urgent Check Issued February 1, 1999 *3 Urgent Check Issued January 28, 1999 *4 Urgent Check Issued February 2, 1999 *5 Urgent Check Issued January 28, 1999 TOTAL 89,081.94 Page 3 Regional Open lace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-04 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS January 27, 1999 A MINUTES I. ROLL CALL J. Cyr called the meeting to order at 6:35 P.M. Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Pete Siemens, Deane Little,Nonette Hanko, and Ken Nitz. Members Absent: None Staff Present: Craig Britton, Sue Schectman II. CLOSED SE S$ ION J. Cyr stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 6:35 P.M. and the Closed Session commenced at 6:36 P.M. The Board concluded the Closed Session at 7:30 P.M. and J. Cyr called the Regular Meeting to order at 7:30 P.M. He noted that no reportable actions had taken place in Closed Session. Additional Personnel Present: Randy Anderson, Mary de Beauvieres, John Escobar, Malcolm Smith, Deirdre Dolan, Doug Vu, Michael Williams III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, asked what the District was going to do regarding the north side of the trail through the Windy Hill/Portola Road parking lot. In addition, he asked about a claim for $200 as retainer to the Portola Valley town engineer. He asked that larger letters be used for the claims. King Lear, city council member, Los Altos, said he was happy to have the District office in Los Altos and he would try to occasionally attend Board meetings. IV. ADOPTION OF AGENDA 330 Distel Circle . Los Altos, CA 94022-1404 - Phone: 650-691-1200 FAX: 650-691-0465 - E-mail: mrosdrropenspace.org - Web site:www.openspace.org Board of(directors:Fete Siemens,Mary C. Davey, led Cyr, Deane Little, Nonette Ntinko, Betsti Crowder,Kenneth C. Nitz -Generd Manager:L.Craig Britton Meeting 99-04 Page 2 Motions K. Nitz moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR J. Cyr asked that the minutes of the November 12, 1998, Special Meeting be corrected to remove the words"in doing" from the next to the last paragraph under Informational Reports. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including approval of the minutes of the November 12, 1998, Special Meeting as amended; and the November 18, 1998, and November 30, 1998, Special Meetings; replies to written communications from Deborah Rogers, 2160 Avy Ave., Menlo Park; Ernst O. Meissner, 1327 Johnson St., Menlo Park;Beverly Bryant 27060 Appaloosa Way, Los Altos Hills; Richard& Constance Sharp, 261 Vista Verde Way, Portola Valley; and Nancy& Chris Carter, 237 Canyon Drive, Portola Valley; agenda item 8,Notice of Contract Completion for the Demolition and Cleanup of the Former Sink,Barlow and Young Properties. Sierra Azul Open Space Preserve and Authorization for the Board President, or Other Appropriate Officer,to Execute the Notice of Completion of Contract and Acceptance of Work for the Cleanup Projects; agenda item 9, Authorization to Change Designation of Authorized Signatories fbr Entering Safe Deposit Boxes (Mid-Peninsula Bank), including adoption of Resolution 99-03 A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes (Mid-Peninsula BaW; agenda item 10, Approval for the General Manager to Authorize Additional Payment to the Law Firm of Miller- Stag, and Regalia for Legal Services in the Amount of$35-000; and Revised Claims 98-20. K. Nitz seconded the motion. The motion passed 7 to 0. VI. BOARD BUSINESS A. Agenda Item No. 1 - Authorization of Agreements with 2M Associates and John Wade for Consultant Services on the Potential District Annexation of the San Mateo County Gast With a Maximum Budget of$400-000 and $5.000. Respectively=(&port R-99- 04 R. Anderson introduced Patrick Miller and Jane Miller(2M), and Terrell Watt. P. Miller said this would be a two-year program of planning, decision-making and recommendations. He said the team will work with the Coastal Advisory Committee for nine to twelve months soliciting comments about the potential annexation. They will work on the environmental review and fiscal impact study. He said they would be acting as District staff during LAFCO hearings, and would work with the ad hoc and advisory committees. N. Hanko commented that 2M had experience in San Mateo County. P. Miller answered questions from the Board, noting that the $122,000 for environmental Meeting 99-04 Page 3 documents assumed the worst case condition, and they wanted to make sure the budget was sufficient. He said the products would be produced along the way and that their responsibility was to see that the project came within budget and on time. M. Davey described her previous excellent experience working with 2M. P. Miller noted that some clerical errors would be corrected in the agreements. P. Miller answered questions about the phasing of the process, noting that they would be coming to the Board for decisions along the way. S. Schectman said the LAFCO statutory requirement is that the District submit a service plan and environmental documents for the area to be annexed, including services they will provide, how they will do it, and how they will fund it. She said the service plan would not contain funding choices, but the fiscal plan could have various scenarios and could include multiple possibilities. J. Miller said the question is how the area is serviced now and whether that would change with annexation. LAFCO wants to know how the District would fund the annexation and verify that all local agencies involved in the change understand it. P. Miller said they could outline options but not a detailed financial analysis. He said they could answer fiscal questions to satisfy LAFCO's request for information in order to make a decision. Beyond that, they need to listen to what needs to be done from a lot of different people. C. Britton talked about the service plan, stating that policy development and Board decisions will dictate what the plan looks like. P. Miller said this was a program-level document and decision-making process. He listed some of 2M's major clients, stating the company did not take on work they could not do. C. Britton said the project required four or five areas of expertise. He said he thought this was the perfect place to hire a consultant. However, there would be staff needs. He said staff needed management of the process, and P. Miller was good at that. Bob Wallace, 12881 Foothill Lane, Stanford, asked what area the annexation included, and said the District had done well on trails. Marge Ottenberg (no card), said 2M handled some very difficult situations in the trails master plan for San-Matto County. Chuck Kozak, P. O. Box 370702, Montana, talked about the cost and layout of the contract. He asked if an EIR is automatically required. S Schectman said no, but they were assuming there would be one. Regarding service needs on agricultural lands, C. Kozak said he thought they would find them somewhat different from current ones. There would be the issue of protection of those lands. He talked about the scope of John Wade's role. Meeting 99-04 Page 4 Peter Markey(no card), said he knew J. Wade, and he had a good relationship with farmers and property owners. April Vargas, Montara(no card), said many people were concerned about the money they pay and how it is spent. She commented on the way the contract was broken down, noting that it showed fiscal responsibility on behalf of the District. C. Britton talked about the selection process for the consultant, and noted that they had received a $200,000 grant from the Packard Foundation, so taxpayers were only paying for half of the cost. He said John Wade's function was'helping staff to better understand the coast. P. Siemens said he would like to hear from the 45%who voted against the annexation as well as supporters. H. Haeussler talked about the expenses for the annexation, stating that, as a taxpayer in Santa Clara County, he had been paying taxes since the formation of the District. He thought the people living on the coast should put something up for it. D. Little suggested that maybe the District should be talking to its lobbyist about exempting districts like MROSD from the EIR process. Motion: B. Crowder moved that the Board authorize the General Manager to execute the agreement with 2M Associates for consultant services on the potential District annexation of the San Mateo Coast, with a maximum not- to-exceed budget of$180,000 for all anticipated services and products on Phase I of the project, development of policies and draft service plan, and an anticipated maximum budget of$400,000 for all potentially required services, with page 2 paragraph(7), first sentence, to include the words, "arising out of any work" after the words, "subcontractors, or agents,"; and authorize the General Manager to execute an agreement with John Wade for consulting services on the annexation project, with a maximum not-to-exceed budget of$5,000. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2 - Confirmation of Coastal Advisory Committee Appointments_ Confirm the Participants Appointed to the Coastal Advisory Committee' Including ,Acceptance of the Cabrillo Unified School District Board of Directors' Decision not to Participate: Therefore a Third"at-large" Appointment by the Coastal Advisory Committee is Recommended to Maintain the Committee Appointee Level at 13;Acknowledge that the Formal Appointment 4 the Half Moon Bay City Council will occur at its Meeting of February 2 1999;Designate Director Nitz as the non-voting Alternate for the District's Ad Hoc Committee Appointees to the Coastal Advisory Committee; and Strongly Recommend to the Coastal Advisory Committee that San Mateo County Supervisor Rich Gordon be Selected as Chair of the Committee—Report R-99-17). C. Britton presented the staff report. � I, Meeting 99-04 Page 5 N. Hanko discussed recommendation 1, stating that the committee felt that three at-large representatives, rather than two, provided a better representation of the Board's intention. The committee felt the alternates should be non-voting members. B Crowder spoke regarding recommendation 4, stating that the ad hoc committee felt strongly that it was important to have as chair a person who was not aligned with either the"yes" or"no"vote on the advisory measure. Rich Gordon had indicated he would be willing to serve on the committee as chair. Therefore she changed the recommendation to read, "Appoint Supervisor Rich Gordon as chair of the Coastal Advisory Committee, subject to ratification by Coastal Advisory Committee members." M. Davey requested that recommendation 3 clarify that all alternates will be non-voting. Motion: M. Davey moved that the Board amend recommendation 3)to add the sentence, "Any alternate will be non-voting as well" and amend recommendation 4)to read, "Appoint San Mateo County Supervisor Rich Gordon as chair of the Committee subject to ratification of the Coastal Advisory Committee." M. Davey seconded the motion. The motion passed 7 to 0. Motion: D. Little moved that the Board confirm the participants appointed to the Coastal Advisory Committee, including acceptance of the Cabrillo Unified School District Board of Directors' decision not to participate;therefore a third"at-large" appointment by the Coastal Advisory Committee is recommended to maintain the Committee appointee level at 13; acknowledge that the formal appointment by the Half Moon Bay City Council will occur at its meeting of February 2, 1999; Designate Director Nitz as the non-voting alternate for the District's Ad Hoc Committee appointees to the Coastal Advisory Committee; stipulate that any alternate will be non-voting as well; and appoint San Mateo County Supervisor Rich Gordon as chair of the Committee, subject to ratification by the Coastal Advisory Committee. P. Siemens seconded the motion. The motion passed 7 to 0. There was a recess from 8:40 P.M.-8:50 P.M. C. Agenda Item No. 3 - Consideration of a Good Neighbor Pilot Dog Program for Long Ridge Open Space Preserve and Recommendation to Direct Staff and an Appropriate Board Committee to Develop a Good Neighbor Pilot Dota Program Whereby Standards for the Program Will Include a K-9 Patrol be Developed in Cooperation with the Neip-hbors and Field Staff at the Long Ridge Open Space Preserve f port R-99-23). N. Hanko reviewed her report including discussion of the report prepared by Dr. McGinnis. She said about six months ago she began receiving letters from property owners near Long Ridge who had access with their dogs to a portion of the Preserve for ten years and prior to the District acquiring it, had permission from the owners. Following a serious accident on Skyline, people were afraid to walk their dogs there and wanted Meeting 99-04 Page 6 permission to use the grassy area away from the riparian area. She said people would be on the honor system and police themselves, and she thought they should reinstate permission to use the grassy area. In return, they could patrol the area, look for hazards, and report to rangers as a way of returning something to the District. Permits would be revoked if violations of standards occurred. She said this pilot program could help in developing neighbor policies for coastal annexation. Bob Wallace talked about his experience with dogs off leash at various parks. Steve Wolfe, P. O. Box 322A, Star Route 2, said he was one of nine people who sent letters and documents requesting the opening of Long Ridge. He felt it was important to give something in turn. He said they are concerned about the condition of the preserve and how it functions. He thought they were responsible and could make the program work. Denise Williams, Los Altos Hills(no card), said she was thrilled that this was being considered. Jerry Peters, 1531 Skyline Blvd., said Director Hanko had captured his thoughts. He talked about close calls while walking his dog on Skyline. Janet Peters, 1531 Skyline Blvd., thanked N. Hanko, noting that her property is surrounded by the preserve. She said they pick up trash and keep an eye on things. Bill Fawkes, Rt. 2, Box 329, La Honda, thanked N. Hanko. He said he would like to be able to take his dog on the preserve and that it was a safety issue. He said there were 20- 25 immediate neighbors adjacent to Long Ridge. He described the area they used to walk their dogs. He said most trails are old roads, not narrow trails. Some of the connecting ones are narrow. C. Britton said staff is not supporting this program because the McGinnis study was of a particular area of Long Ridge and was superseded by a matrix study of the District. Long Ridge landed below the line and they ended dog access. Because of enforcement, staff would like all preserves either opened or closed . Another problem is exclusivity with only access for neighbors. In addition, it may set a precedent for other preserves. He said if they are considering opening it, they should open the whole site to dogs. K. Nitz referred to the Warner Report and said one part of the plan he liked was involving the ranger staff. B. Crowder said she did not believe dog policies and good neighbor policies worked together. She did not want to burden staff with additional work. She said she did not want to revise the dog policy adopted in 1995. N. Hanko said that policy was adopted as a guideline. The idea of the good neighbor policy, which goes back farther, was to meet with neighbors to find out where problems were and act on them. She thought this proposal responded to neighbors' concerns, and did not see involving staff a great deal. Meeting 99-04 page 7 D. Little strongly supported the plan for several reasons, including safety and the fact there was no evidence of dog problems at Windy Hill. He said he thought it showed a measure of respect for their constituents. K. Nitz noted that everyone who spoke called it a park, not a preserve. P. Siemens said in regard to the issue of enforcement, they might think about a permit system. This might be a good place to test such a program. I Cyr said he would like to take the long view. This was setting precedent and would involve staff time. Also, it was not fair to allow access to only a few. He said he might be open to exploring a permit system farther. M. Davey said she thought the solution would be to open the whole preserve to dogs and have a neighborhood patrol. She said there is concern regarding the part of the preserve that is a fragile environment. She thought the District's goal was to make land available in the least harmful way. She said she knew there would be an increased burden on staff. B. Crowder if the plan were implemented, they would have to amend the 1995 dog policy and the Use and Management Plan. N. Hanko said she would be happy to have M. Davey's idea considered by field staff and the neighbors. I Escobar said there would be increased public use and impacts on other preserves. He thought there would be a significant amount of law enforcement. In addition, Long Ridge had no oil road parking. I Escobar said no jurisdictions that surround the District allow dogs. He said he believed staff would favor the preserve being open to everyone, not a permit system. M i n� P. Siemens moved that the Board refer to District staff and appropriate Board committee the concept of a pilot permit dog program for Long Ridge Open Space Preserve whereby standards be developed in cooperation with the neighbors and field staff. N. Hanko seconded the motion. Discussion: D. Little said he would like to see the Board vote on N. Hanko's proposal. P Siemens said he would rather have a committee come back with recommendations after looking at the concept. C. Britton recommended that they come back with simple permit system and try it out on a pilot program with the neighbors rather than get into some larger study they can't handle without setting aside other priorities. N. Hanko supported C. Britton's idea. I Escobar suggested the Board could vote to open the area that was open to dogs before. Vote: The motion failed with Directors Siemens and Hanko voting yes and Directors Nitz, Cyr, Little, Davey, and Crowder voting no. Meeting 99-04 Page 8 Motion: M. Davey moved that the Board restore the dog use policy that preceded the 1995 change to the Use and Management Plan, and that they go through the process to change the Use and Management Plan. Amendment: D. Little asked to amend the motion to add P Siemens' suggestion of a permit system. M. Davey agreed to the amendment. N. Hanko seconded the motion as amended. Discussion: Additional discussion of the permitting system and the amount of staff time required followed. Vote: The motion passed 4 to 3 (Directors Siemens, Little, Davey, and Hanko yes, Directors Crowder, Nitz and Cyr no). S. Schectman said with litigation pending on uses, the Board might want to consider where the area of use will be and how it will affect the ongoing litigation. She said interested Board members can sit in on Use and Management Committee meetings as observers but cannot participate. There was a recess from 10:10-10:20 P.M. D. Agenda Item No. 4- Tentative Adoption of an Amendment to the Use and Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve for the Establishment of a New Employee Residence, and Authorization for Staff to Solicit Bids for Site Planning and Desian Services Necessary to Secure Building Permits From Santa Clara County—(Report R-99-14). M. de Beauvieres reviewed the staff report, noting that the preferred alternative would be to acquire a property with an existing structure suitable for use as an employee residence. If that does not work, installation of a manufactured home in the area on one of four potential sites would be the second choice. C. Britton explained that one of the problems is timing, so staff needs to spend some money to be ready to go in case the District isn't able to buy a house. Motion: B. Crowder moved that the Board tentatively adopt an amendment to the Use and Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve for the establishment of an employee residence in the vicinity of Hicks Road; and authorize staff to solicit bids for site planning and design services necessary to secure building permits from Santa Clara County. P. Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5 -Permit for The Sequoias -Portola Valley and Pacific Geotechnical En ing� eering to Enter Windy Hill Open Space Preserve for the Purpose of Conducting a Seismology Study and Authorization for the General Manager to Execute the Permit to Enter—(Report R-99-QU Meeting 99-04 Page 9 D. Vu outlined staff recommendations. He said J. Isaacs would determine if reseeding needed to be done. To his knowledge, no archeological groups had been notified, but he would mention it. He said the work is being carefully monitored by the Town geologist. Board members commended D. Vu on the report. Motiom M. Davey moved that the Board authorize the General Manager to execute the Permit to Enter allowing The Sequoias-Portola Valley and their contractor, Pacific Geotechnical Engineering, to access Windy Hill Open Space Preserve for the purpose of conducting a seismology study. K. Nitz seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 6 - Tentative Adoption of Preliminary 1999-2000 Action Plan for Implementation of District's Basic Policy—(Report R-99-1a C. Britton noted that the Planning Program and Action Plan had been combined for the first time. He said there were new positions proposed but only general justifications for them would be presented at this meeting. When the Board considers adoption of the budget, specific justification for the new positions will be provided. Open Space Acquisition Program Negotiations and Special Projects Subprogram M. Williams noted the proposed addition of a Land Protection Specialist position. M. Williams explained that the Land Protection Specialist would do easement monitoring and deal with encroachment issues. He said some of the key acquisitions would be to protect scenic ridge lines at the north end of the District boundary, and some properties that may connect the Bay Area Ridge Trail with the Santa Cruz Coastal Trail at the south end of the District. Under grants, gifts, and bargain sales, they will pursue key acquisitions in the Lexington Reservoir area with Santa Clara County Parks, and acquisitions at Long Ridge which may connect to Portola State Park with Save the Redwoods. Enterprise Subprogram M. Williams noted that staff would pursue a long-term arrangement with the new tenant at historic Picchetti winery which may include a potential vineyard lease. He talked about alternative lease arrangements which could include a long-term lease similar to the Bach/Bullis property at Skyline, or a lease that is structured like the Thornewood lease where there is some renovation done in lieu of a portion of the rent. S. Schectman explained that Items 14 and 15 under Negotiations and Special Projects Subprogram would be joint projects with the Legal Program which supports many projects in the action program. She said the Research Attorney position would be filled soon and that person would be working actively on those issues. M. Williams said that approximately 1,000 acres had been added to the District this year in Meeting 99-04 Page 10 20 transactions. Regarding Thornewood road arbitration, S. Schectman said it had been continued until March. She thought they would reach a compromise the District could live with. Open Space Planning Program Advance Planning(including; related Interdepartmental Support and Team Development) Subprogram R. Anderson said there were a number of special projects including the coast, the trail use policy and guidelines, wilderness policy review, and an area plan. Another listed project was to increase and refine the level of attention given to supervision. He talked about proposed additional staff. C. Britton said staff will bring a proposal for a permanent reorganization of Planning, and are working with E. Jarosz on that. R. Anderson talked about the area plan which would include inventory of resources and development of a methodology. He said the current methodology did not focus on resources. R. Anderson said the Regional Open Space Study is complete except for the basic policy which will be coming to the Board at their next meeting. Current Planning(including related Interdepartmental Support and Information Systems) Subprogram (,)york program attached), M. de Beauvieres reviewed the recommendations. Regarding the Sausal Trail, she said it should be complete this fiscal year. Regarding item 4 on the work program, she said the consultant would be doing the majority of the work under staff direction. R. Anderson talked about GIS, stating that staff would produce detailed maps showing holdings, facilities, and how trails are used, among other information. M. de Beauvieres said the issue of the closure of two trails would probably be coming back to the Board at the second meeting in February. Regarding item 39, C. Britton said they had not finished the acquisition of the Silva property. R. Anderson said they had received $170,000 from FEMA for the 1995 storms, which was roughly 30% of what was spent. They are filing appeals. Operations Program Field Operations Subprogram J. Escobar said the proposed plan reflects the operations program review outcome, 4 Meeting 99-04 Page 11 including positions to be added. He said the seasonal hours cover Sunday staffing at Deer Hollow Farm and special projects, in addition to maintenance responsibilities. He said renegotiating the contract with Mountain View for Deer Hollow Farm should be added to the list of projects. Regarding Key Project 1, he said the focus this year would be on ranger and visitor safety issues and staffing levels throughout the program. He said vandalism is now being included in the monthly activity report. Staff is working on sign wording for trail closures at ECDM. He talked about Key Project 4, noting that staff will be working on improving systems and sharing responsibility on a systematic basis. Resource Management Subprogram In J. Isaacs' absence, J. Escobar said staff intends to put more resources into Pulgas Ridge this year. Key Project 3, Resource Management Program Development, was directly attributable to the Operations Program Review. He said they cannot recommend major changes at this time, but plan to come up with a long-term plan. They will be looking at increased participation and level of responsibility for field staff. J. Escobar said the Grassland Management Implementation Plan is in its third year and he hoped they would see reduced costs neat year. It will require maintenance. Regarding Item 3 under Other Projects, he said field project leaders would be field staff in cooperation with the Native Plant Society and other volunteers. Public Affairs Program General Public Information and Outreach Subprogram M. Smith said Key Project 4, Coastal Community Outreach, was a significant addition to the general program emphasis. He said the Public Event referred to in Key Project 1 was meant to replace Kids Art of Open Space. He said they are budgeting for at least two mailings to the coast side as part of Key Project 4. He said the mechanism is in place to contact the press regarding actions pertaining to the Coast. Referring to item 2 under other projects, he said staff will be scheduling presentations to members of the media. M. Smith said the good neighbor brochure that will be sent to the coast will describe some of the District issues and policies that relate to neighbors surrounding open space preserves, to try to educate them about what the District does that is mutually beneficial, such as fire breaks. He said that, as part of the ongoing outreach, they will make presentations and provide information to Silicon Valley companies. He added that as item 10 under Other Projects. Legislative. Funding- and Organizational Relations Subprogram, M. Smith talked about two new Key Projects, Coastal Preservation Effort and Funding for Mt. Umunhum Clean Up. Regarding Item 4, Sponsor Legislation, staff want some definition and language changes in Public Resources Code 5500, and changes to the Civil Code to redefine mountain biking Meeting 99-04 Page 12 Visitor Services Subprogram M. Smith talked about Key Project 1, Interpretive Program, stating that staff wants to refine the objectives of the docent program. Key Project 2 referred to the short courses for docent training. Environmental Education, Key Project 3, will include increasing training sessions to twice a year and continued efforts to secure funding for Kids Nature Express. At the Daniels Nature Center, some of the objectives are to finish the exhibit cases and install benches. Regarding Other Project number 5, he explained that the Grant Cabin was at Deer Hollow Farm. Administration Program Administration/Human Resources Subprogram D. Dolan said staff had added a sentence relative to the coast under general program emphasis. She talked about staff increases which included increasing the secretary to 60% time and adding a one-half time network specialist. She outlined Key Projects and added that the sound system for the Board Room would be upgraded. She said Y2K would be added as number 11 under Other Projects. In regard to Item 12, she said the idea is to provide a single place for information about the District. Legal Services Subprogram S. Schectman said the coastal expansion will be the major project. She said she hoped staff could reduce their reliance on outside counsel. The goal is to work with the research attorney as assistant District legal counsel to handle projects independently. Referring to Key Project 2, Risk Management, she described the lawsuits that are going on, including a civil rights suit for false arrest. She talked about Key Project 3, Human Resources, stating staff will finish the internal affairs policy, and binding arbitration and grievance issues. Motion: N. Hanko moved that the Board adopt the Preliminary Action Plan, and charge Administration and Budget Committee with conducting a review of the Preliminary Action Plan on the Board's behalf as part of the budget review process. B. Crowder seconded the motion. The motion passed 7 to 0. G. Agenda Item No. 7 - Appointment of 1999 Board Committees—(Report R-99-15). Motion: M. Davey moved that the Board approve appointments to standing and ad- hoc committees as contained in the staff report, including the determination of compensation status. K. Nitz seconded the motion. The motion passed 7 to 0. VII. INFORMATIONAL REPORTS N. Hanko reported as follows: 1. She hoped the District would take a strong position against the county charging an entrance fee at Rancho. C. Britton said they were not taking any position at Meeting 99-04 Page 13 this time. He had provided a full report in the FYIs. There seemed to be groundswell against the proposal. N. Hanko said they should let people know it is not the District's idea and they should contact the County. C. Britton said he would agendize the issue, if necessary. 2. N. Hanko said legal counsel had informed her that any interested Board members may attend the South Skyline meeting that the sheriffs will attend without fear of violating the Brown Act. J. Cyr read into the record Section 54952.2(c)(3) and (4) of the Government Code, as follows: "(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency." S. Schectman cautioned Board members about being drawn into discussions. 3. N. Hanko reported that M. Smith had provided to the Half Moon Bay newspaper an application for people who wished to fill one of the three at-large seats on the Coastal Advisory Committee. She announced dates of the first meetings of the Committee as follows: February 9 in Half Moon Bay, February 23 for the appointment of three new members, and March 9. She said they are planning bi-weekly meetings on Tuesday evenings at different locations on the coast. S. Schectman said it appears the Committee will be subject to the Brown Act. M. Davey said she and M. Smith went to the Bay Area Open Space Council meeting. The high point was Ralph Heim's report. He stressed it was important to keep in close contact with elected officials. B. Crowder said she and M. Davey went to T. Lempert's breakfast. D. Little said he got a call from an irate Mountain View resident regarding the proposed parking fees at Rancho. He said he intended to fight it personally. C. Britton said it was very difficult for the District to demand they not charge a fee when they were charging fees throughout the county. He said he would talk to Paul Romero to see if there were options. D. Little suggested that next time they do a proposed preliminary action plan that requires a lot of staff to be here they do it as the first item or at a special meeting. J. Cyr reported: 1. He had signed $29+million worth of bonds. 2. He said the Board needs six more lapel microphones. C. Britton reported as follows: 1. San Mateo County LAFCO passed a resolution asking Santa Clara County to pass the jurisdiction of the coastal annexation to them. 2. He brought to their attention that the payment to Jens Hansen at Windy Hill had been reduced by $2,700 because of the plant loss. 3. The claim questioned at the last meeting was for fumigation costs for the duplex at Rancho that is occupied by two field staff members. 4. He had a flier on the Bay Area Open Space Council Spring Conference on May 14. 5. The note issue closed today; he passed out the official statement. 6. Staff members had attended a talk by Jim Kent, a sociologist. He thought the subject matter would be germane to two of the District's projects, the coastal annexation and Meeting 99-04 Page 14 the possibility of a funding measure. He produced a memo from J. Escobar and a copy of Jim Kent's background information. He said he would like to bring him in for a training session with Board and key staff members on Saturday, March 13. J. Kent would go to the coast, then meet for a four-hour seminar on general matters. J. Escobar said staff members were impressed and talked about J. Kent's methods. C. Britton he would like to provide media training and bring in a political advisor in the future in addition to this training session. VIII. ADJOURNMENT At 12:55 A.M. the meeting was adjourned. Roberta Wolfe Recording Secretary Claims 1, ,9-02 Meeting 99-04 Date:January 27, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5498 650.00 Margit Aarons Archaeological Research-Long Ridge 5499 1119.92 Ace Fire Equipment&Service Co., Inc. Extinguisher Servicing 5500 130.49 ADT Security Services, Inc. Skyline Shop Security 5501 14.07 Allen Equipment Co. Inc. Equipment Repair Part 5502 43.32 Ang Newspapers Advertising-Public Hearings 5503 26.65 Arne Sign&Decal Co., Inc. Decals 5504 40.35 AT&T Telephone Service 5505 Vo i p Facility Rental-Operations Meeting 5506 321.08 Barron Park Supply Company Plumbing Repairs-Enterprise Rental 5507 2592.59 Big 4 Rents Trencher Rental 5508 242.76 Bruce Barton Pump Service, Inc. Pump Repair 5509 437.83 Cabela's Uniform Supplies 5510 139.48 California Water Service Distel Circle Building Water 5511 9532.51 Carpenter Printing South Skyline Brochure Printing 5512 80.61 Continuing Education of the Bar Legal Resource Documents 5513 50.00 Country Almanac Subscription Renewal 5514 1175.00 Decatur Electronics Radar Unit 5515 3397.71 Design Concepts Graphics Contractor-Signs, Letterhead&Newsletter 5516 1580.00 Dillingham Associates Landscape Architects El Corte de Madera Creek Parking 5517 565.00 Kevin Emery Builder Enterprise Rental Repair 5518 1612.50 Enshallah Inc. Teague Hill Consultants 5519 155.00 Evergreen Oil Collection Service 5520 72.25 Federal Express Corporation Express Mail Service 5521 153.37 Gardenland Power Equipment Field Supplies&Tools 5522 1037.25 Goodyear Auto Service Center Tires 5523 64.46 GTE Wireless Cellular Phone Service 5524 113.48 Goodco Press Brochure Printing 5525 69.54 G&K Services Shop Towel Service 5526 181.87 Graniterock Road Repair Materials 5527 1583.00 Greenlnfo Network Map&Patrol Map Design&Production 5528 267.39 Guy Plumbing&Heating, Inc. Plumbing Repairs-Distel Circle 5529 431.10 Home Depot Field Supplies&Tools 5530 984.49 Irvine&Cooper Ireland vs MROSD Legal Services 5531 21.00 The JKA Group Publications 5532 75.75 John Kowaleski Reimbursement-Vehicle Accessories 5533 87.92 CSK Auto, Inc. Vehicle Parts 5534 279.10 Langley Hill Quarry Road Repair Materials 5535 935.20 "1 Lanier Worldwide, Inc. Copier Maintenance Service 5536 2160.00 The Leaming Institute Computer Training Vouchers 5537 42.50 Paul McKowan Reimbursement-Professional Dues 5538 35000.00 " Miller,Starr&Regalia Legal Services 5539 34.00 National Notary Association Membership Renewal-S.Dale 5540 248.00 National Safety Council Subscription Renewal 5541 40.95 Noble Ford Tractor, Inc. Tractor Oil 5542 325.00 North American Title Company Title&Escrow Fees Page 1 Ciaireo.99-02 Meeting 99-04 Date:January 27,1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5543 -%64118 Office Depot Office Supplies 495.92 5544 1436.57 Orchard Supply Hardware Field Supplies&Tools 5545 1394A6 Pacific Bell Telephone Service 5546 -4F3,91$ Pearson Automobile Company Vehicle Servicing 270.60 5547 51.64 Peninsula Blueprint,Inc. Printing Services 5548 239.80 Pine Cone Lumber Co.,Inc. Lumber 5549 2783.65 Pip Printing Printing Services 5550 276.41 Pitney Bowes Credit Corporation Postage Meter Lease 5551 12.28 Precision Engravers,Inc. Name Tag 5552 91.08 Raymaker,Laura Supplies 5553 34.13 Rayne Water Conditioning Water Service 5554 660.63 Reed&Graham,Inc. Road Repairs 5555 7000.00 Reitman Group Appraisal Consultant 5556 10.00 Rich's Tire Service Vehicle Repair 5557 2213.18 Roy's Repair Service Vehicle Maintenance&Repairs 5558 351.25 Russ Enterprises, Inc. Signs 5559 1210.29 R.V.Cloud Company Water line Project Fremont Older 5560 319.48 San Jose Mercury News Recruitment Advertisement 5561 33130.05 San Mateo County Election Services 5562 187.83 Signs of the Time Signs 5563 36.71 Skyline County Water District Water Service 5564 32.79 Skywood Trading Post Fuel 5565 266.84 Stevens Creek Quarry,Inc. Drain Rock 5566 1247.58 Teater&Etc. ROSS Map Graphics/Teague Maps 5567 80.00 Therma Corp. Thermostat Repairs-Distel Building 5568 36270.00 Tobar Excavating Barlow/Sink/Young Structure Removal 5569 4000.00 '2 Tobar Excavating Additional Barlow Removal 5570 10.12 '3 United Parcel Service Postage 5571 236.50 United Rental Bobcat Sweeper Rental 5572 360.00 Rich Voss Trucking,Inc. Base Rock 5573 2849.89- Visa 189.46 Conference Expenses/Supplies 2476.79 1199.48 Conference Expenses/Supplies 170.88 Conference Expenses 670.00 Conference Expenses 120.07 Film 5574 884.86 West Group Real Estate Code Book 487.88 5575 245.05 Williams,Michael Vehicle Reimbursement/Right of Way Dues 5576 300.00 Wolfe,Roberta Minutes 5577 124.80 Zadek,Lisa Vehicle Reimbursement 5582R 860.37 Los Altos Garbage Company Dumpster Service 5583R 204.43 John Cahill Vehicle Expense Page 2 Claims -02 Meeting t9 Date:January 27,1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5584R 22983.10 Jens Hansen Company,Inc. Windy Hill Access Improvement Project 5585R 5077.40 BNY Western Trust Company Trustee Fees-1999 Revenue Bonds 5586R 2200.00 Oppenheimer Wolff&Donnelly Trustee Counsel Fee-Revenue Bonds 5687R 5500.00 Causey,Demgen&Moore Inc. Verification Report-1999 Revenue Bonds 5588R 70000.00 Orrick,Herrington&Sutcliffe LLP Bond Counsel's Fee-1999 Revenue Bonds 5589R 344.90 Petty Cash Local Business Meetings,Vehicle Expense, Volunteer Supplies,Resource Documents, Uniforms and Office Supplies '1 Urgent Check Issued January 20,99 '2 Urgent Check Issued January 15,99 '3 Urgent Check Issued January 14,99 Pending Approval of Agenda Item 10 TOTAL $273,779.00 Page 3 Regional Open *ce 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-05 REGULAR MEETING BOARD OF DIRECTORS February 10, J999 n MINUTES I. ROLL CALL J. Cyr called the meeting to order at 7:32 P.M. Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Pete Siemens, Nonette Hanko, and Ken Nitz. Members Absent: Deane Little. Staff Present: Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Gordon Baillie, Randy Anderson, Malcolm Smith, Lisa Zadek II. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, said he agreed with Prentice Coles' letter regarding litter at Rancho San Antonio Open Space Preserve, and said that one of the ways to solve the problem would be to put trash containers at the entrance to the preserve. III. SPECIAL ORDER OF THE DAY B. Crowder said Friends of Castle Rock were asking the District to take a position on the current state parks planning process. Representatives of various groups made a presentation opposing more development in the park. They included Bruce Bettencourt; David Shrom(magic teacher and ecologist)who showed slides;Lida Beth Gray,#epresenting Santa Clara Valley Audubon Society,and Loma Prieta Chapter of the Sierra CluW; and Barpj-Belt, Friends of Castle Rock Park. ' r^�y / ,rt�r � Brute cmrr� Eric Isacson, P. O. Box 511, Saratoga, South Skyline Association, said that, as a resident, his purpose in speaking was to tell the Board there was an alternate viewpoint. He said he was a member of the South Skyline Association and active on the advisory committee. He had two documents: the South Skyline Association comments on the general plan as they saw it in July, and suggestions from adjacent residents to make the plan more effective. He urged the Board to look at those suggestions. Jan Anderson, park superintendent, responded to the presentation, stating there had been four public meetings and the beard had received notice of them. She said Castle Rock was classified as 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 •Generat Manager:L.Craig Britton Meeting 99-05 Page 2 a state park in 1968. She talked about wilderness area criteria, noting that half of the park is classified as natural preserve which has stronger criteria than wilderness. Two percent or less of Partridge Farm would be developed. She talked about the proposal for developing park amenities and said the plan was not based on revenue production. She also commented on the process and why it was held up. The general plan process is undergoing review. She said that some issues were not resolved, including the declaration of purposes and the Partridge Farm camping proposal. She said the draft plan should be available by the end of the month. C. Britton responded to B. Crowder stating that other public boards seldom get involved in formal District plans if they are outside the District's boundaries. If they are adjoining District lands, they would receive a draft plan. If there are issues it would go to Use and Management Committee who would decide if there should be a presentation to the Board. He said that without seeing the plan and talking to staff, it was premature to have a debate on the plan. The state park commission would make the final decision. B. Crowder said she wanted to wait until the plan was circulated. She said the District does not want to try to influence a neighbor agency. If one or more Board members would like to participate in the process, her recommendation would be for them to participate at that time, possibly as an ad hoc committee. N. Hanko said she thought there would be repercussions on District land, and we should be working in concert with such agencies that have land near ours. P. Siemens agreed. IV. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 6 to 0. V. ADOPTION OF CONSENT CALENDAR K. Nitz and B. Crowder removed agenda item 5, Approval of the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum to Accommodate an Agreement with CellularOne at the Same Location at Pulgas Ridge Open Space Preserve• Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act;Authorization for the President of the Board of Directors to Execute the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the Telecommunications Facility at Pulgas Ridge Onen Space Preserve; and Authorization for the President of the Board of Directors to Execute a Communications Site Lease and Agreement with CellularOne for the Telecommunications Facility at Pulgas Ridge Open Space Preserve; agenda item 7,- Annual Progress Report On the Use of Radar On District Lands; and agenda item 8, Acceptance of the Informational Report on the Ranger Bicycle Patrol Program in 1998. B. Crowder removed agenda item 6, Acceptance of the 1998 Miscellaneous Enforcement Activity Summary and the Eight Year Field Activity Summary. Motion: K. Nitz moved that the Board adopt the Consent Calendar including the minutes of the December 9, 1998, Regular Meeting; a response to a written communication from Prentiss Cole, 75 Coronado Ave., Los Altos; agenda item 4, District Meeting 99-05 Page 3 Appointments to the Midpeninsula Regional Open Space District Financing Authorily Governing Board: and Revised Claims 99-03. P. Siemens seconded the motion. The motion passed 6 to 0. VI. BOARD BUSINESS A. Agenda Item No. 1 —Adoption of the Final Basic Policy Language for Objective 2. Open Space Management; Polia c,_Recreational Use and Improvement Tentatively Adopted December 16,, 1998, or: Consider the Alternative Wording Based on the Trail Use Policies _(tReeport R-99-31) R. Anderson presented the staff report, stating it was important that the message be clear and consistent with District practices and policies. He said the objective was not to set a new policy or practice, but to reflect existing policies. N. Hanko said she felt very strongly about Policy 1.2, "Protect the opportunity for tranquil nature study and observation, especially in those areas identified as providing a unique wilderness experience," being part of the basic policy. R. Anderson suggested adding that wording to the second sentence of the first paragraph of the alternative wording. Linda Elkind, 14 Hawk View, Portola Valley, urged the Board to adopt the alternative language because it related more directly to the current trail use policy. She said she believed it would serve as a much more effective tool to accommodate recreation in the context of protecting natural resources. She was against the criteria-based alternate and believed the other alternate would allow mitigation of specific environmental impacts but would not protect natural resources nor avoid user conflicts. She said mitigation seldom made things better or protected natural resources. Ross Finlayson, Mountain View, ROMP, said he thought this had been covered at the last meeting. He didn't think the language agreed to last time conflicted with the trail use plan but mentioned reasonable accommodation to persons with disabilities and should be included. He agreed with N. Hanko regarding wilderness experience. He asked that they adopt the language approved at the last meeting. Berry Stevens, 3265 Fair Oaks Avenue, Redwood City, ROMP, strongly urged the Board to adopt the criteria-based wording. Judi Baskin, P. 0. Box 620108, Woodside, said she thought the wording had been decided upon and that it was unfair to do something else without the input of those who were here in December. She had letters representing 170 people who would like to see the wording they thought was going to happen. R. Anderson described the noticing procedure for the meeting. C. Britton reminded those present that there would be a second reading. Paul Koski, 22030 Regnart Road, Cupertino, described his activities in the District and said he was shocked regarding the alternative wording. He encouraged adoption of he Meeting 99-05 Page 4 criteria-based language. Marilyn Walter, 20 Coyote Hill, Portola Valley, said she favored the alternative wording because the criteria-based wording is negative. The alternative is a more positive approach based on District policies. Dawn Rintala, 1505 Revelstoke Way, Sunnyvale, said she planned to stay in the area because of all the things offered. She said she loved cycling and found the wording in the new proposal biased against her. She asked that the Board reconsider so that use exclusion is the exception rather than the rule. Roger Rintala, 1505 Revelstoke Way, Sunnyvale, said he was passionate about multi-use trails. He said he treasured the opportunity to use preserves in many ways. He urged them to approve the language that was proposed in December. Bob Stucky, 180 Fox Hollow Road, Woodside, representing the San Mateo County Horseman's Association, said he supported the criteria-based access. Bill Korbholz, 640 Lake Mead Way, Redwood City, said it was interesting to note that the Board spent a lot of time listening to people who sought help in preserving and protecting open space. He said the District's purpose was not to provide thoroughfares. Hiking is the least intrusive access. He supported the alternative language heard tonight. Kathy Korbholz, 640 Lake Mead Way, Redwood City, supported the alternative language. She said they need to protect the land and only allow things that won't damage it further. H. Haeussler commended staff and said he liked criteria based wording better. Following discussion, J. Cyr asked staff to type up the proposed wording and come back later in the meeting. (Note: The Board returned to this item following action on Item 3.) There was a recess from 9:18-9:25 P.M. B. Agenda Item No. 2 -Proposed Initial Actions Resulting From the Recommendations of the Operations Program Review;Approval of the Retention of the Rangers' Current Defensive Equipment and Current Uniform Profile and Reaffirm by Formal Board Action the Policy Not to Authorize the Ranger Staff to Carry Firearms;Authorization for the General Manager to Hire Two Additional Rangers;Direct the Ad Hoc Committee to Continue Developing a Work Plan Based Upon the Operations Program Review in Such a Manner to Foster a Closer Working Relationship Among;Field Staff.Management. and the Board of Directors,; and Direct the Ad Hoc Committee to Continue its Work with Staff and to Periodically Provide Progress ss Reports to the Board—(R.eport R-99-22) J. Escobar presented the staff report on behalf of the ad hoc committee and discussed each of the four recommendations in some detail. N. Hanko said the three committee members attended the South Skyline Association Meeting 99-05 Page 5 meeting where sheriff's officers of three counties were also in attendance. They asked the sheriffs questions and expect to see a continued relationship with them. Michael Newburn, Midpeninsula Rangers Peace Officers Association, strongly encouraged the hiring of two rangers and taking a realistic look at the staff it takes to run the organization. He expressed concern about representation on the ad hoc committee stating that he would like to see two members of field staff assigned to work with J. Escobar, G. Baillie, and the ad hoc committee. Discussion followed regarding notices of the meetings. J. Escobar said the recaps of meetings could have information on the next meeting. He announced that the next meeting would be on March 8. Matt Ken, District Ranger, suggested hiring four new rangers. He said he was still a proponent of being armed. He suggested incorporating a process to evaluate the performance of the sheriffs—maybe a goal of 15 minutes response time. He also suggested that the Board keep the arming of rangers in mind. Brian Malone, District Ranger, spoke about the need for more maintenance staff and the importance of staff s involvement on the ad hoc committee. He thought there should be written notice, paid time for attendance, and an advance agenda. J. Escobar said the intent was that between each ad hoc committee meeting there would be a field meeting. Regarding staffing levels, he said he was not sure the District needed only two more rangers or that more maintenance isn't needed. He said he wanted to bring a five-year staffing plan to the Board. B. Crowder said it seemed that recommendations 3 and 4 were close to what gets done during union negotiations. J. Cyr said the committee was trying to respond to some of the key items in the operations review that indicated there were some areas needing improvement. An example was communicating with staff in terms of the decision-making process. In answer to a question about why the ad hoc committee needed to continue, N. Hanko said they were not finished going through the Warner report. Responding to B. Crowder's concern about the Board being involved in personnel issues, she said they did not intend to replace the staff effort in negotiating with the union. C. Britton shared B. Crowder's concern and stated that he could not recommend assigning staff to attend ad hoc committee meetings. J. Escobar reminded ad hoc committee members that they had discussed the issue of staff participation. One of the primary recommendations of the report was that management needed to form a better working relationship with staff, that there needed to be a higher level of trust, and that they needed to set up some system to make sure that happens. P. Siemens said that when the work plan is completed and items prioritized he would like to dissolve the ad hoc committee. The work plan should identify which standing Meeting 99-05 Page 6 committee each item would go to. Motion: M. Davey moved that the Board approve the retention of the rangers' defensive equipment and current uniform profile, and reaffirm by formal Board action the policy not to arm the ranger staff; authorize the General Manager to hire two additional rangers, one in each geographic area; direct the Ad Hoc committee to continue developing a work plan based upon the Operations Program Review in such a manner as to foster a closer working relationship among field staff, management, and the Board of Directors; and direct the Ad Hoc committee to continue its work with staff and to periodically provide progress reports to the Board. K. Nitz seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3 -Teague Hill Open Space Preserve Surplus Prop: Update and Authorization of Additional Budget for Consultant Services and Other Recommended Services* Consideration of Alternatives Regarding Retention or Disposition of Surplus Property at Pinto Way Through Lot Line Adjustment or as a Single Site;Determination of Categorical Exemption from the California Environmental Quality Act; and Authorization of Other Expenditures Related to Potential Disposition Under Either Alternative—(Report R-99- 5 R. Anderson reviewed staff three alternative recommendations, stating that this was a complicated issue. C. Britton provided historical information about the property and said he recommended alternative 3. Discussion followed regarding the value of the land. Eric Broadbent, 30 Roan Place, Woodside, said he and his neighbors were now involved in an area emergency response plan. He said it wouldn't do any good to add to the potential of development in this area. He said it would be irresponsible to develop there and urged approval of alternate 3. S. Schectman clarified that the District's compliance with CEQA requirements was adoption of a categorical exemption. B. Crowder pointed out that had the District not purchased the land in 1988, it probably would have been developed. Ann Nolan, 40 Roan Place, Woodside, thanked the District for purchasing and preserving the land. She asked them to reflect on their purpose and urged then to vote for option 3. She described the dangerous situation should there be a fire or flood. She said she thought the District had erred in thinking the property was saleable and gave reasons for her opinion. She asked that they focus on their mission. Jay Siedenburg, 10 Pinto Way, Woodside, urged approval of proposal 3. He was concerned about fire safety and evacuation routes. He said there are 46 houses on the cul- de-sac. He has expressed his concerns to the Town and quoted a letter from the town Meeting 99-05 Page 7 attorney stating that safety would be an issue at the time development is sought. In relationship to that, Mr. Siedenburg said getting the lot line adjustment might not mean it is developable. Pauline Siedenburg, 10 Pinto Way, Woodside, talked about her personal experience regarding flooding after water was diverted, and urged approval of alternate 3. C. Britton said public parking would probably be along Kings Mountain Road in concert with the County of San Mateo. N. Hanko talked about how Teague Hill was acquired. She said she would have preferred a fourth option which would be to completely give up any intention of doing anything with the property except saving it as open space. Motion: M. Davey moved adoption of alternative 3, that the Board cease attempts to actively complete the lot line adjustment or market the property: A. Determine that the sale of surplus property for potential development as one residential lot is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in the staff report. B. Authorize an additional $5,000 budget for the project in the 1998-1999 FY Planning Program budget ($35,000 total) to allow plans and reports to be finalized. C. Approve the continued undedicated status of the property for potential future exchange or sale. P. Siemens seconded the motion. Discussion: P. Siemens noted it was unfortunate that the ballot issue in Woodside to purchase this property didn't pass. He talked about Los Gatos purchasing half of St. Joseph's Hill and said he said he would support alternative 3. J. Cyr said he would support that alternative as well. Vote: The motion passed 6 to 0. C. Britton and Board members thanked R. Anderson for his work on the project. The Board resumed discussion of Agenda Item No. 1. Agenda Item No. I —Adoption of the Final Basic Policy Language for Objective 2. Open Space Management;Policy c, Recreational Use and Improvement Tentatively Adopted December 16, 1998, or: Consider the Alternative Wording,Based on the Trail Use Policies - (Report R-99-31). Motion: B. Crowder moved that the Board approve the wording as amended. P. Siemens seconded the motion. The motion passed 6 to 0. Following is the proposed wording of the criteria-based alternative approved by the Board: f Meeting 99-05 Page 8 "The timing and level for low intensity public recreational use of District open space land will be evaluated for each type of use in terms of four basic criteria: 1. Protection of natural resources; 2. Protection of the opportunity for tranquil nature study and observation; 3. Avoidance of significant user conflicts; 4. Availability of Board and staff time, and/or other means, to plan and manage the use. The District will plan for low intensity public access to ensure that these criteria will be met before use is provided, and will control use that does not meet the criteria, as interpreted by the Board. To protect open space qualities, the District will use a high standard in applying the criteria. Access for hiking is typically unrestricted on District trails and lands. Wheelchair accessible trails and other reasonable accommodations for people with disabilities are provided to ensure access to a range of open space settings with wide geographic distribution. Safe and enjoyable access for hiking and for persons with disabilities may be given priority over other types of uses where significant conflicts are evident. The District is committed to working with different trail user groups to find practical solutions to recreational use issues with the understanding that some trails or preserves may not be open to all uses." D. Agenda Item No. 5-Approval of the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum to Accommodate an Agreement with CellularOne at the Same Location at Pulgas Ridge Open Space Preserve;Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Authorization for the President of the Board of Directors to Execute the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the Telecommunications Facility at Pulgas Ridge Open Space Preserve; and Authorization for the President of the Board of Directors to Execute a Communications Site Lease and Agreement with CellularOne for the Telecommunications Facility at Pulgas Ridge Open Space Preserve—(Report R-99-29) C. Britton said we are actually getting more money. S. Schectman said CellularOne is co- locating and using less space. Motion: K. Nitz moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set forth in the staff report; authorize the President of the Board of Directors to execute the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the telecommunications facility at Pulgas Ridge Open Space Preserve; and authorize the President of the Board of Directors to execute a Communications Site Lease and Agreement with CellularOne for the telecommunications facility at Pulgas Ridge Open Space Preserve. B. It Meeting 99-05 Page 9 Crowder seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 6 - Acceptance of the 1998 Miscellaneous Enforcement Activity Summary and the Eight Year Field Activity Summary—(Report R-99-01),, B. Crowder asked if the bicycle violations in Appendix B could be broken down by occurrence at ECDM and/or Sierra Azul. G. Baillie said it could be done after some research. J. Escobar said staff will be sending a memo to the Board on current conditions at ECDM following adoption of the trail plan. C. Britton said staff wants to keep track of re- opening of trails. In answer to questions regarding Items A.13 and 14 of Appendix B, J. Escobar said those violations would include such things as blocking gates and being in a handicapped parking space. G. Baillie said the reason for so many warnings compared to citations is that part of the philosophy is trying to educate users. J. Escobar said staff is proactive in terms of writing tickets compared to many other agencies. In answer to a question about item D.3, resisting arrest, G. Baillie said it has the potential to be dangerous. There have been no assaults on staff. G. Baillie clarified that violations are of District ordinances, versus violations of the Penal Code. At the request of N. Hanko, G. Baillie read from the record of a June 13 assault with a deadly weapon(bicycle). Motion: B. Crowder moved that the Board accept the report. K. Nitz seconded the motion. The motion passed 6 to 0. F. Agenda Item No. 7 - Annual Progress Report On the Use of Radar On District Lands (Report R-99-24). K. Nitz asked why citations decreased more than readings. J. Escobar said staff has a high degree of discretion. He talked about possible reasons for the decrease and said they might do a study with radar which would compare readings by plainclothes personnel in contract to those in uniform. Motion P. Siemens moved that the Board accept the report. K. Nitz seconded the motion. The motion passed 6 to 0. G. Agenda Item No. 8 - Acceptance of the Informational Report on the Ranger Bicycle Patrol Pro„aram in 1998—(Report R-99-30). G. Baillie said weather and absence of rangers were factors in the decrease. J. Escobar mentioned that they are getting two new radar units which are much lighter than the ones Meeting 99-05 Page 10 currently in use. Motion P. Siemens moved that the Board accept the report. K. Nitz seconded the motion. The motion passed 6 to 0. VII. INFORMATIONAL REPORTS M. Davey attended the County Planning Commission representing the District in deliberations about what to do about Stanford land. Their use permit is coming to a conclusion. C. Britton said the District would like to be involved in seeing that everyone gets together and he thought the Board would want to take a position on this. He will draft a letter for the President's signature. M. Davey talked about the first meeting with the coastside the previous evening. Votes were unanimous that Rich Gordon be chair, and on the process for screening applications. N. Hanko said the South Skyline meeting was interesting. J. Cyr said he thought it was especially significant to have the three sheriffs, county parks, CDF, and the District on the same panel. B. Crowder attended the San Mateo County Historical Museum grand opening. She said there was information in the FYIs regarding the Bay Area Open Space Council conference on May 14. C. Britton reported as follows: 1. He attended the Santa Clara County LAFCO meeting where they approved a request from San Mateo County to take jurisdiction on the coastal annexation. 2. The Santa Clara County Parks Commission voted 6 to 1 against park fees. The Board of Supervisors might still want to charge at Rancho. 3. They have received five applications so far for the at-large positions on the coastal advisory committee. 4. B. Crowder, M. Davey and J. Cyr attended the State of the District presentation last Friday. Program members made the presentations. 5. He received a call from Ted Lempert's office regarding representation on the Airport Roundtable. 6. He complimented the Board on the hard work they did at this meeting. M. Smith announced the District's annual volunteer recognition event which will take place on Thursday, June 24. J. Escobar said he and G. Baillie will make presentations at the CPRS Conference which will be at the Santa Clara Convention Center February 18-20. VIII. ADJOURNMENT At 11:38 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary It Claims No. 99-03 Meeting 99-07 Date: February 10, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5590 409.86 Acme & Sons Sanitation Sanitation Se-rvices 5591 130.49 ADT Security Services Skyline Office Alarm Service 5592 353.52 All Laser Service Printer Maintenance 5593 217.58 Allen Equipment Company Vehicle Tool Box 5594 62.73 Randy Anderson Vehicle Expense 5595 2$7.27 AT&T Telephone Service 71.33 5596 169.84 Barron Park Supply Co. Plumbing Repairs 5597 242.00 Battery-Tech Inc. Radio Battery 5598 478.30 Best Impressions Crayon Boxes with District Logo 5599 652.31 Big 4 Rents Backhoe Rental 5600 105.00 Bill's Towing & Recovery Towing Services 5601 2,466.00 Louis Bordi General Engineering Bechtel Driveway Restoration Repair 5602 242.76 Bruce Barton Pump Service, Inc. Enterprise Rental-Water Pump Repair 5603 60.00 Jane Buxton ROSS Study Consultant 5604 159.25 John Cahill Vehicle Expense 5605 46.22 California Chamber of Commerce Labor Posters 5606 174.87 California Water Service Company Water Service 5607 153.00 Camino Medical Group Medical Services 5608 89.99 Carsonite International Decals for Handicapped Stalls 5609 134.32 Cole Supply�Co., Inc. Janitorial Supplies 5610 315.28 Communications&Control Inc. Mt. Umunhum Water Pump 5611 68.29 Continuing Education of the Bar Legal Resource Documents 5612 41.00 Cougar Couriers Express Mail Service 5613 4,517.50 Coyote Creek Riparian Watershed Assessment-Gis Project 5614 327.23 Costco Wholesale Office, Shop&Volunteer Supplies 5615 175.00 Cupertino Chamber of Commerce Mailing Labels 5616 1,720.00 Done Right Roofing &Gutters Enterprise Rental--Roof Repairs 5617 194.20 Dyna Med Medical Supplies 5618 800.00 Emily &Associates Personnel Consultant 5619 141.92 Foster Bros. Security Systems, Inc. Combination Locks 5620 30.98 Galls Inc. Uniforms 5621 141.00 Garcia Well & Pump Company Incerpi House--Water Pump Assessment 5622 38.66 G & K Services Shop Towel Service 5623 161.95 Goodco Press Inc. Letterhead Printing 5623 110.64 GreenWaste Recovery, Inc. Skyline Garbage Service 5624 122.41 GTE Wireless Cellular Phone Service 5625 10.00 Gunderson Medical Foundation Tick I.D. Cards for Docents&VTP's 5626 873.00 Gavin Hoban Consulting Services--ROSS Priorities 5627 990.00 International Training Resources, Ltd. Defensive Tactics Training 5628 514.19 Interstate Traffic Control Products Signs 5629 599.63 Jodi Isaacs Reimbursement--Vehicle&Conference Expenses-Wild Life Society Conference 5630 980.33 Ken's Lettering & Restoration "Seager Memorial Rock" Inscription 5631 230.41 Lab Safety Supply Safety Supplies 5632 90.45 Langley Hill Quarry Rock 5633 79.29 Life-Assist, Inc. Medical Supplies Page 1 Claims No. 99-03 Meeting 99-07 Date: February 10, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5634 100.00 Los Altos Chamber of Commerce Mailing Labels 5635 1,226.53 Los Altos Garbage Company Dumpster Service 5636 479.29 Lucent Technologies Phone Maintenance Service 5637 227.12 MetroMobileCommunications Radio Maintenance& Repairs 5638 395.35 MCI Worldcom Long Distance Phone Service 5639 120.00 Marie McGough Accounting Consultant 5640 157.80 Minton's Lumber& Supply Concrete Mix 5641 150.00 Mountain View Chamber of Commerce Mailing Labels 5642 502.82 National Fire Fighter Corp. Fire Equipment--Foam 5643 50.05 Northern Energy, Inc. Propane 5644 61.86 Office Helper Office Supplies 5645 301.50 Pacific Bell Telephone Service 5646 203.00 Palo Alto Chamber of Commerce Mailing Labels 5647 33.97 PC World Subscription Renewal 5648 106.93 Pearson Automobile Company, Inc. Vehicle Repairs and Parts 5649 236.62 Peninsula Blueprint, Inc. Printing Services 5650 250.00 PERS Public Agency Coalition Membership Dues 5651 490.44 Pine Cone Lumber Co., Inc. Lumber 5652 544.23 PIP Printing Business Card, Map & Newsletter Printing 5653 33.35 Precision Engravers, Inc. Name Tag Engraving 5654 698.95 Rana Creek Habitat Restoration Second Phase--Grass land Study 5655 1,000.00 Tom Randall March--Rent Agreement 5656 34.13 Rayne Water Conditioning Water Service 5657 200.00 Redwood City Chamber of Commerce Mailing Labels 5658 646.92 Roy's Repair Service Vehicle Maintenance & Repairs 5659 66.15 R.V. Cloud Plumbing Supplies 5660 114.75 Safety-Kleen Systems, Inc. Solvent Tank Service 5661 10.00 *1 San Mateo Co. Public Health Lab Tick Testing 5662 60.00 Saratoga Chamber of Commerce Mailing Labels 5663 23.25 *2 Sears Equipment Part 5664 361.81 *3 Second Cup Business Meeting Expense 5665 119.08 Silacci's Feed Barn, Inc. Gate 5666 3,500.00 Rick Skierka Land & Boundary Surveyor 5667 86.02 Skyline County Water District Water Service 5668 481.40 Specialty Truck Parts, Inc. Equipment Parts 5669 512.55 Stevens Creek Quarry, Inc. Rock 515.82 5670 53.04 Summit Uniforms Uniforms 5671 466.77 Tap Plastics, Inc. Nature Center Display--Acrylic Sheets 5672 14.43 Taylor Rental Small Tool 5673 531.51 Teater& Etc. ROSS Mapping 5674 705.00 Terrasearch Inc. Bridge Geotechnical Services 5675 13,950.00 T.K.O. Construction La Honda Creek Bridge Contractor 5676 5,025.00 Mike Tobar Excavating Demolition Contractor 5677 32.62 Tooland, inc. Equipment Parts 5678 83.53 David Topley Vehicle Expense 5679 9,837.85 Universal Printing Company Visitor Map Printing 5680 19.00 *4 UPS Parcel Mail Page 2 It Claims No. 99-03 Meeting 99-07 Date: February 10, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5681 3,000.00 U.S. Postal Service Postage 5682 57.63 Vallen Safety Supply Company Equipment Replacement Parts 5683 360.00 Rich Voss Trucking, Inc. Rock Trucking Fees 5684 706.57 West Group Payment Center Library Updates &On line Service Fee 5685 32.48 West Tek Supply, Inc. Field Supplies 5686 124.54 Wheel Works Tire 5687 300.00 *5 Roberta Wolfe Recording Services 5688 200.00 Woodside & Portola Private Patrol Secure Gates--Windy Hill Parking Lot 5689R 135.31 'Teater& Etc. Teague Hill Map Graphics 5690R 9,904.88 101 Equipment Sales Transport Trailer 5691 R 10,000.00 North American Title Company Escrow Deposit 5692R 259.91 Petty Cash Local Business Meetings, Vehicle Expense, Bridge Toll, Docent Supplies and Office Supplies *1 Urgent Check Issued February 1, 1999 *2 Urgent Check Issued February 1, 1999 *3 Urgent Check Issued January 28, 1999 *4 Urgent Check Issued February 2, 1999 *5 Urgent Check Issued January 28, 1999 TOTAL 89,081.94 Page 3 Regional c R-99-58 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-10 April 14, 1999 AGENDA ITEM I AGENDA ITEM Proposed Additions of Munson and Peninsula Open S ce Trust Properties to Long Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS y 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 Munson property. 3. Adopt the attached resolution authorizing purchase of Peninsula Open Space Trust Property. 4. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Munson and Peninsula Open Space Trust properties as additions to Long Ridge Open Space Preserve. 5. Indicate your intention to dedicate the properties as public open space. DESCRIPTION(see attached maul The 40-acre Munson property and 40-acre Peninsula Open Space Trust(POST) property are located adjacent to Long Ridge Open Space Preserve in the southwest, and to Portola State Park. The properties are contiguous to one another and surrounded on three sides by public park and open space lands. Waterfalls along Slate Creek, second growth redwoods, and dense oak woodlands characterize the diverse landscape. An existing road paralleling Slate Creek may provide a critical link in a regional trail that someday will connect Long Ridge Open Space Preserve to Portola State Park. Acquisition of the properties will preserve the last remaining private lands on the southwest side of the upper Slate Creek watershed, protect a valuable wildlife habitat corridor, and provide an opportunity for an important regional trail connection. Located south of Long Ridge Road, the properties are bounded by District lands to the north and east, State park lands to the south, and private property to the west. The Munson property is reached by School Road, which descends steeply down the rugged east slopes of Slate Creek through the open space preserve. At Slate Creek the road turns southward, and closely parallels the creek bisecting the Munson property to the southwest corner where it is gated and enters a private parcel. The POST parcel can be reached from a ranch road that originates from Ward Road near the site of the former Panaghetti Ranch site. The road abuts the east boundary but does not enter the property. 330 Distcl Circle # Los Altos, CA 94022-1404 » Phone: 650 691-1200 FAX:650-691 0485 - E-mail: mrosdr@opt,rns{>ace.org , web site:www,o[)etispace.org Rwrd of Oire°ctw, Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko,Het,v Crowder, Kenneth C. Nit/ L Ciaw Britton R-99-58 Page 2 The landscape within the project area is generally very steep and rugged, with the exception of the easternmost edge near Ward Road. The Slate Creek canyon is narrow, and the access road is perched on the steep hillside above the creek with cut roadbanks ranging from ten to twenty feet. There is evidence of slope failure on both sides of the creek and a portion of the road has given way to the north of the Munson property. Ferns and other dense riparian vegetation line the banks of the creek and redwoods ascend the slopes on both sides of the creek; many redwoods exceed five feet in diameter at their base. A deep ravine bisects the Munson property diagonally, descending from the southern portion of the POST property in the northwest direction and intersecting Slate Creek. It, too, has numerous and large redwoods along its banks. To the north and south of the ravine, the vegetation of the adjoining ridges transition from redwood forest to mixed evergreen and oak woodland. The POST property is primarily mixed evergreen with some large Douglas fir, madrone, and oak trees. The uppermost northern one-half of the property comprises gentle slopes and oak woodland with open understory, allowing for easy hiking and exploration. Improvements to the properties include a house trailer, water system, fences, and roadways. The house trailer and water system are located in the southwest portion of the Munson property. It is reached by a driveway that originates near the gate on School Road and ascends steeply to a gentle sloping terrace. The double-wide trailer and a nearby vehicle are in a state of disrepair and will need to be removed from the site. To the northeast, an overgrown road leads to the ravine where water was impounded. Water lines are gravity fed to the house trailer. There is a fence along the eastern boundary n the upper part of the POST property, which protected the area from past grazing. The remains of a very old vehicle are located near the fenceline. An overgrown road enters the POST property from the adjacent District land to the north and apparently terminates on a gentle ridge near the center of the ridge. USE AND MANAGEMENT PLAN Planning Considerations The properties are within the unincorporated area of San Mateo County and zoned Resource Management(RM), having a residential development density of one unit per parcel. Access to the properties is through Long Ridge Open Space Preserve. The lower portion of School Road is often closed due to landslides. Ward Road Trail, an existing regional trail connection between Long Ridge Open Space Preserve and Portola State Park, is located within 1/3-mile of the east boundary of the POST property. School Road, paralleling Slate Creek, could become a second regional trail connection between the preserve and park, but a section of trail will need to be constructed around the southeast corner of a private parcel. If developed, this trail would also provide a desirable loop trail experience, descending Slate Creek and climbing back up to Ward Road within Portola State Park. R-99-58 Page 3 Neither property is located within the District boundary and will require formal annexation through the Santa Clara County Local Agency Formation Commission(LAFCO). The properties are within the District's sphere of influence and their composite open space value in the District's Open Space Master Plan is rated moderately high. The District's Draft Regional Open Space Study Map shows existing major trails in the vicinity of Ward Road Trail and School Road. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until a Comprehensive or Interim Use and Management Plan is complete. Any proposed changes to land use will be subject to further environmental review and public input. Public Access: Closed to the public at this time. Trail Use Designation: No trails or roads are designated within the properties at this time. Structure Removal: Contract for removal of house trailer and vehicles. Patrol: Regularly patrol the properties. Signs: Install appropriate signs, including closed area signs. Dedication: Indicate your intention to dedicate the properties as public open space. Name: Name the properties as additions to Long Ridge Open Space Preserve. Site Safety Inspection: Inspect the properties to determine if there are hazards that need to be mitigated. CEOA COMPLIANCE Project Description The project consists of the acquisition of two 40-acre parcels of land as additions to Long Ridge Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the properties will be included in the comprehensive Use and Management Plan for the adjacent preserve. The land will be permanently preserved as open space, closed to the public, 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: i R-99-58 Page 4 and Management Plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. This District will accept fee interests in the property and maintain the open space character of the area. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer ownership of the property to the District and ensure it will be preserved as public open space. This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS The purchase price of the 40-acre Munson property is $500,000, which is payable in cash at the close of escrow. The Munson property has a site value of$225,000 plus a timber value of $275,000 which is based upon a recent timber valuation. The Munson property includes a substantial stand of second growth redwoods, including a few old growth redwoods. As part of this transaction, the District is responsible for removing a house trailer and vehicle at an estimated cost of$8,000. The purchase price of the 40-acre POST (former Garrod) property is $225,000 which is payable in cash at the close of escrow. Based upon the appraised value and recent sales activity in this market area, the site value of$225,000 for the POST property is considered very reasonable. Because these properties are densely forested and complete the Slate Creek trail connection to Portola State Park, District staff contacted Save-the-Redwoods League about contributing grant funds toward the purchase of these properties. Save-the-Redwoods League graciously agreed to contribute $345,000 toward the purchase of these properties. In 1991, as part of the Slate Creek project, Save-the-Redwoods League contributed funds in the joint acquisitions of four other 40-acre parcels (Landre, Mud, Nignog and POST(Wolf)) in this area. More recently, in 1997, the League contributed to the joint acquisition of the 157-acre Paul property for a Ridge trail connection in this area. As part of these transactions, the League would be granted conservation easements over the properties, further protecting their open space values. These easements are attached to the resolutions and your approval is required in order to complete this aspect of these transactions. R-99-58 Page 5 BUDGET CONSIDERATIONS 1999/2000 Budget for Land Acquisition New Land $20,000,000 Previous Commitment (Foster) (850,000) Munson Acquisition proposed on this agenda (500,000) POST Acquisition proposed on this agenda (225,000) Acquisition Budget Remaining $18,425,000 Controller M. Foster has been consulted on this proposed acquisition, and, considering cash flow and availability, funds are available for this property purchase. This property was identified as an important addition to the Long Ridge Open Space Preserve, as a critical trail connection, and for wildlife and watershed protection purposes. PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact person: Michael C. Williams, Real Property Representative RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE GRANT OF CONSERVATION EASEMENT WITH COVENANTS OVER REAL PROPERTY BEING ACQUIRED, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE- LANDS OF MUNSON, ET AL.) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Steven J. Munson et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto as Exhibit I 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 Th . The President of the Board of Directors or other appropriate officer is authorized to execute a Grant of Conservation Easement with Covenants in favor of Save-the- Redwoods-League, a California Non-profit corporation, a copy of which is attached hereto as Exhibit II and by reference made a part hereof. Section Fou . The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. Section Fiv . The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Six. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$500,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project, which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. * * * * * * * * * * * * * * * * * * RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE GRANT OF CONSERVATION EASEMENT WITH COVENANTS OVER REAL PROPERTY BEING ACQUIRED, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF TIRE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE - LANDS OF PENINSULA OPEN SPACE TRUST) The Board of Directors of the Mdpeninsula Regional Open Space District does resolve as follows: Section On . The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Peninsula Open Space Trust and the Midpeninsula Regional Open Space District, a copy of which is attached hereto as Exhibit I 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 President of the Board of Directors or other appropriate officer is authorized to execute a Grant of Conservation Easement with Covenants in favor of Save-the- Redwoods-League, a California Non-profit corporation, a copy of which is attached hereto as Exhibit H and by reference made a part hereof. Section Fou . The General Manager of the District shall cause to be given appropriate notice of acceptance to Peninsula Open Space Trust. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. Section Five. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Six. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$225,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project, which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. LONG RIDGE OPEN SPACE PRESERVE Midpeninsula Regional Open Space District rig r t O1 o� 0.7 / I 0.4 t (LR12), t �•J.-''� ``� ! �di�l p��r'vQ. __ , Tpail a� 0.3 1 .. i Ji 0.8 / t ALONG RIDGE i OPEN SPACE (LRo9) t.a• --.. f ---PRESERVE o.a ` •,� ��-� per Stevens Creek f g i _> �• l �— °�./ � � � - uRoa) e,p �- ' � � �un,yPark� a` '> >aoo os a n w L a Pbl i� _ o 0., / POTENTIAL ( ( 1800 SLATE CREEK TRAIL sue, �a^ J ` L� f f` � r- j ; 0R05) o.a �0.7 iRo� AR GA GAP _,_Vi oa ��Vory Oa OPEN SPACE �� - �� ' ea <a'I �'ti" 03 PRESERVE •�� N;`-y9,. aye �-.f-'`,..�"0.3 ` `� �� �) rya U U / 0.5 �a Q•� �yk ram...,.,.. anchSQ r m z6Uu� r/LRo, SA E 2000 t (LR08) -oa i 1800 'a 2200 �ya�a•ROaa`` 2400 ,.� Po ort la I �a5e I PROPOSED ,• Sate Park— � �� % - '� sad ACQUISITION f° -- GARROD (40 AC.) -1- - ® a� a T Sar V PROPOSED ACQUISITION t it MUNSON (40 000,1 � _61I- ,, �- 1 f �Pd ail ne to the-Sea Trail � « i �f r f ( (j I l �� �0.s• EXHIBIT A: SITE MAP 2i99 ,k SAVE-THE REDWOODS LEAGUE 114 Sansome Street, Room 605 San Francisco, CA 94104 Attn: Mary A. Angle GRANT OF CONSERVATION EASEMENT WITH COVENANTS WHEREAS, the Midpeninsula Regional Open Space District, hereinafter called "District" has heretofore entered into that certain Purchase Agreement dated April 14, 1999, for the purchase of that certain 40-acre parcel of redwood forested land hereinafter called the "Subject Property" as more particularly described in Exhibit "A" as attached hereto and by this reference incorporated herein and made a part hereof, and WHEREAS, the Save-the-Redwoods League, a California Non-profit corporation, hereinafter called "League" was organized as a non-profit public benefit corporation to raise funds and solicit gifts of real and personal property for the purpose of acquiring redwood forested lands in order to protect and preserve said forests for future generations, and WHEREAS, District and League recognize the scenic, aesthetic and special character of the Subject Property and the redwood forest contained thereon, and have the common purpose of conserving the natural and scenic values thereof by Conveyance of a Conservation Easement with Covenants upon, over and across the Subject Property which shall conserve and protect the redwood trees and the forest environment of the Subject Property and prevent the use or development of the Subject Property for any purpose or in any manner which would conflict with the maintenance and use of the Subject Property in natural, scenic and wooded condition for public park, recreation and open space purposes. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged: District hereby grants to League a Conservation Easement with Covenants upon, over and across the Subject Property as described in said Exhibit "A" in perpetuity upon the following terms and conditions: 1. RESERVATION OF USE BY DISTRICT District reserves the right to use the Subject Property in any manner consistent with the stated purposes, terms, conditions, restrictions and covenants of this Easement and with existing zoning and other laws, rules and regulations of the State of California and the County of San Mateo, or by any other agency having jurisdiction, as such laws, rules and regulations may hereafter from time to time be amended. District further specifically reserves the right to do the following, such right shall in no way be considered as a limitation of the general reservation of rights described in the preceding paragraph: 4* r GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 2 A. Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the Subject Property; B. Construct and maintain trails for hiking, bicycling and horse-back riding within the Subject Property, including both internal trails and connecting trails with adjacent District and other public open space and recreation lands, such latter trails to be planned and developed by District in accordance with the terms and conditions of Section (f) hereinbelow; C. Remove diseased and/or dead plants and trees as may be required to protect public health and safety. Live trees may only be removed on an emergency basis to protect public health and safety as determined by District. D. Plant native species of plants; E. Engage in scientific research and/or gathering of specimens of nature, in such a way as to not jeopardize the natural and scenic character of the Subject Property or damage or destroy the redwood trees thereon; F. Develop and use the Subject Property for public open space and public low- intensity recreational use as follows: (1) Definition. All public facilities which might be developed or enhanced on the Subject Property, which would be considered by the parties hereto to be open space or low intensity recreation use, include by way of illustration, but not limitation: a) unpaved pedestrian hiking trails; b) unpaved equestrian trails and patrol roads; c) unpaved mountain bicycle trails; d) roads for construction, maintenance and patrol of the Subject Property and adjoining lands by District, its employees, agents and contractors; e) casual picnicking and rustic restroom facilities; f) kite flying and open play areas; g) wildlife observation areas; h) meditation areas; i) nature study areas; j) unpaved parking areas; k) photography or landscape painting areas; and 1) primitive backpack camps. O GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 3 (2) DeveloFment. District shall plan, design and develop such facilities as are reasonably necessary for public use and enjoyment of the Subject Property for open space or low intensity recreation as defined above. In the event any live trees in excess of 6" BHD are proposed for removal as a part of such development plans, League shall have the right of design review and comment privileges on any and all open space and low intensity recreation development. With regard to open space development of the Subject Property, wherein live trees in excess of 6" BHD are proposed for removal, an application for design review and comment shall be made by District to League. The application shall include a site plan showing the location of all proposed trails, planted or landscaped areas, proposed grading or other development or improvements, and indicating the proposed uses or activities on the Subject Property, and specifically showing the location, height and diameter of any redwood or other tree in excess of 6" BHD proposed for removal as a part of such development plan. Within thirty days from the filing of an application with League, League shall review the site plan and drawings, and shall make its recommendations and comments based upon the following objectives: a) to ensure adherence to the terms, conditions and purposes of this Agreement; b) to satisfy themselves that every effort has been made by District to avoid as much as possible the removal of redwood and other trees in excess of 6" BHD. The design review provided for herein is advisory only and District shall consider, but shall be free to accept, reject or modify the recommendations of League. 2. LIMITATIONS ON USE BY DISTRICT District covenants and agrees for itself and its successors and assigns except where contrary to the above described rights specifically retained, District shall strictly adhere to the following: A. That the Subject Property shall forever be used for public park, recreation and open space purposes and shall be dedicated to such purposes by District in accordance with Section 5540 of the Public Resources Code of the State of California. GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 4 B. That no commercial logging shall every take place on the Subject Property. C. That, except as provided in Section 1 hereinabove, no redwood or Douglas fir trees growing now or in the future on said Subject Property shall be cut, logged, uprooted or removed from the Subject Property without the prior written consent of Save-the-Redwoods League, a California non-profit corporation, or its successors or designees. D. That no disturbance of other plant species, nor of animal population or habitat, shall occur upon the Subject Property, except as may be necessary for maintenance and use of the Subject Property as a public park and open space preserve as provided in Section 1 above, or to abate disease and/or eliminate an imminent hazard to the public. 3. USE BY LEAGUE The League shall be permitted to designate sites, up to five acres in size, as redwood memorial or honor groves on the Subject Property, for the purpose of raising new funds for continued protection of redwood trees and redwood forests. 4. ENFORCEMENT District grants to League the right, but not the obligation, to enter upon the Subject Property for the purpose of monitoring and enforcing any term, condition, restriction or covenant of this Agreement or to prevent or prohibit any conditions, restrictions or covenants of this Agreement which will or may destroy the natural and scenic characteristics of the Subject Property. 5. MUTUAL INDEMNITY Each party shall indemnify and hold harmless the other from any and all claims arising out of activities conducted by or under the auspices of the indemnifying party. 6. CONDEMNATION In the event the Subject Property or any portion thereof is sought to be condemned for another public use, this grant and each and every term, condition, restriction, and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation as to that portion of the Subject Property sought to be taken for another public use only, but shall remain in effect relative to all other portions of the Subject Property. District shall be entitled to such compensation for the taking as it would have been entitled had the Subject Property not been burdened by this grant; provided, however, that each and every term, condition, restriction and covenant of this grant GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 5 shall be observed by District, its successors or assigns, during the pendency of such action is abandoned prior to the recordation of a final Judgement in condemnation relative to the Subject Property, or some portion thereof is not actually acquired for such other public use, the Subject Property shall, at the time of such abandonment, or at the time it is determined that the Subject Property shall not be taken for such other public use, once again be subject to this grant and to each and every stated purpose, term, condition, restriction and covenant of this grant. Provided, however, that if the Subject Property or any portion thereof is sought to be acquired, appropriated, or condemned for a use incompatible with this grant, by any other public or quasi-public entity, the presumptions contained in Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code shall be asserted by District to protect its and the League's interest in the Subject Property, and preserve the open space and recreation character thereof. 7. ENFORCEABLE RESTRICTION This grant and each and every term, condition, restriction and covenant contained herein is intended (a) for the benefit of the League, its successors or assigns; and (b) for the benefit of the residents of the Midpeninsula area in which this Subject Property is located; and constitutes an enforceable restriction. This covenant is expressly intended by District and League to run with the land described in said Exhibit "A", to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be enforceable by the League, its successors and assigns. Nothing herein shall be deemed to require the approval or consent of any other owner or occupant of any other parcel of real property located within or without the boundaries of the Midpeninsula Regional Open Space District or create any right in any third party for such enforcement of the terms of this Restriction with Covenants. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: President, Board of Directors Date: Attest: District Clerk Date: EDIT A Legal Description The land referred to is situated in the State of California, County of San Mateo, and is described as follows: The Southwest 1/4 of the Northeast 1/4 of Section 2 in Township 8 South, Range 3 West, Mount Diablo Base and Meridian. APN: 085-160-120 r� SAVE-THE REDWOODS LEAGUE 114 Sansome Street, Room 605 San Francisco, CA 94104 Attn: Mary A. Angle GRANT OF CONSERVATION EASEMENT WITH COVENANTS SAS, the Midpeninsula Regional Open Space District, hereinafter called "District" has heretofore entered into that certain Purchase Agreement dated April 14, 1999, for the purchase of that certain 40-acre parcel of redwood forested land hereinafter called the "Subject Property" as more particularly described in Exhibit "A" as attached hereto and by this reference incorporated herein and made a part hereof, and WHEREAS, the Save-the-Redwoods League, a California Non-profit corporation, hereinafter called "League" was organized as a non-profit public benefit corporation to raise funds and solicit gifts of real and personal property for the purpose of acquiring redwood forested lands in order to protect and preserve said forests for future generations, and WHEREAS, District and League recognize the scenic, aesthetic and special character of the Subject Property and the redwood forest contained thereon, and have the common purpose of conserving the natural and scenic values thereof by Conveyance of a Conservation Easement with Covenants upon, over and across the Subject Property which shall conserve and protect the redwood trees and the forest environment of the Subject Property and prevent the use or development of the Subject Property for any purpose or in any manner which would conflict with the maintenance and use of the Subject Property in natural, scenic and wooded condition for public park, recreation and open space purposes. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged: District hereby grants to League a Conservation Easement with Covenants upon, over and across the Subject Property as described in said Exhibit "A" in perpetuity upon the following terms and conditions: 1. RESERVATION OF USE BY DISTRICT District reserves the right to use the Subject Property in any manner consistent with the stated purposes, terms, conditions, restrictions and covenants of this Easement and with existing zoning and other laws, rules and regulations of the State of California and the County of San Mateo, or by any other agency having jurisdiction, as such laws, rules and regulations may hereafter from time to time be amended. District further specifically reserves the right to do the following, such right shall in no way be considered as a limitation of the general reservation of rights described in the preceding paragraph: 40 GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 2 A. Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the Subject Property; B. Construct and maintain trails for hiking, bicycling and horse-back riding within the Subject Property, including both internal trails and connecting trails with adjacent District and other public open space and recreation lands, such latter trails to be planned and developed by District in accordance with the terms and conditions of Section (f) hereinbelow; C. Remove diseased and/or dead plants and trees as may be required to protect public health and safety. Live trees may only be removed on an emergency basis to protect public health and safety as determined by District. D. Plant native species of plants; E. Engage in scientific research and/or gathering of specimens of nature, in such a way as to not jeopardize the natural and scenic character of the Subject Property or damage or destroy the redwood trees thereon; F. Develop and use the Subject Property for public open space and public low- intensity recreational use as follows: (1) Definition. All public facilities which might be developed or enhanced on the Subject Property, which would be considered by the parties hereto to be open space or low intensity recreation use, include by way of illustration, but not limitation: a) unpaved pedestrian hiking trails; b) unpaved equestrian trails and patrol roads; c) unpaved mountain bicycle trails; d) roads for construction, maintenance and patrol of the Subject Property and adjoining lands by District, its employees, agents and contractors; e) casual picnicking and rustic restroom facilities; f) kite flying and open play areas; g) wildlife observation areas; h) meditation areas; i) nature study areas; j) unpaved parking areas; k) photography or landscape painting areas; and 1) primitive backpack camps. GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 3 (2) Development. District shall plan, design and develop such facilities as are reasonably necessary for public use and enjoyment of the Subject Property for open space or low intensity recreation as defined above. In the event any live trees in excess of 6" BHD are proposed for removal as a part of such development plans, League shall have the right of design review and comment privileges on any and all open space and low intensity recreation development. With regard to open space development of the Subject Property, wherein live trees in excess of 6" BHD are proposed for removal, an application for design review and comment shall be made by District to League. The application shall include a site plan showing the location of all proposed trails, planted or landscaped areas, proposed grading or other development or improvements, and indicating the proposed uses or activities on the Subject Property, and specifically showing the location, height and diameter of any redwood or other tree in excess of 6" BHD proposed for removal as a part of such development plan. Within thirty days from the filing of an application with League, League shall review the site plan and drawings, and shall make its recommendations and comments based upon the following objectives: a) to ensure adherence to the terms, conditions and purposes of this Agreement; b) to satisfy themselves that every effort has been made by District to avoid as much as possible the removal of redwood and other trees in excess of 6" BHD. The design review provided for herein is advisory only and District shall consider, but shall be free to accept, reject or modify the recommendations of League. 2. LIMITATIONS ON USE BY DISTRICT District covenants and agrees for itself and its successors and assigns except where contrary to the above described rights specifically retained, District shall strictly adhere to the following: A. That the Subject Property shall forever be used for public park, recreation and open space purposes and shall be dedicated to such purposes by District in accordance with Section 5540 of the Public Resources Code of the State of California. 46 �► w GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 4 B. That no commercial logging shall every take place on the Subject Property. C. That, except as provided in Section 1 hereinabove, no redwood or Douglas fir trees growing now or in the future on said Subject Property shall be cut, logged, uprooted or removed from the Subject Property without the prior written consent of Save-the-Redwoods League, a California non-profit corporation, or its successors or designees. D. That no disturbance of other plant species, nor of animal population or habitat, shall occur upon the Subject Property, except as may be necessary for maintenance and use of the Subject Property as a public park and open space preserve as provided in Section 1 above, or to abate disease and/or eliminate an imminent hazard to the public. 3. USE BY LEAGUE The League shall be permitted to designate sites, up to five acres in size, as redwood memorial or honor groves on the Subject Property, for the purpose of raising new funds for continued protection of redwood trees and redwood forests. 4. ENFORCEMENT District grants to League the right, but not the obligation, to enter upon the Subject Property for the purpose of monitoring and enforcing any term, condition, restriction or covenant of this Agreement or to prevent or prohibit any conditions, restrictions or covenants of this Agreement which will or may destroy the natural and scenic characteristics of the Subject Property. 5. MUTUAL INDEMNITY Each party shall indemnify and hold harmless the other from any and all claims arising out of activities conducted by or under the auspices of the indemnifying party. 6. CONDEMNATION In the event the Subject Property or any portion thereof is sought to be condemned for another public use, this grant and each and every term, condition, restriction, and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation as to that portion of the Subject Property sought to be taken for another public use only, but shall remain in effect relative to all other portions of the Subject Property. District shall be entitled to such compensation for the taking as it would have been entitled had the Subject Property not been burdened by this grant; provided, however, that each and every term, condition, restriction and covenant of this grant 4 GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 5 shall be observed by District, its successors or assigns, during the pendency of such action is abandoned prior to the recordation of a final Judgement in condemnation relative to the Subject Property, or some portion thereof is not actually acquired for such other public use, the Subject Property shall, at the time of such abandonment, or at the time it is determined that the Subject Property shall not be taken for such other public use, once again be subject to this grant and to each and every stated purpose, term, condition, restriction and covenant of this grant. Provided, however, that if the Subject Property or any portion thereof is sought to be acquired, appropriated, or condemned for a use incompatible with this grant, by any other public or quasi-public entity, the presumptions contained in Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code shall be asserted by District to protect its and the League's interest in the Subject Property, and preserve the open space and recreation character thereof. 7. ENFORCEABLE RESTRICTION This grant and each and every term, condition, restriction and covenant contained herein is intended (a) for the benefit of the League, its successors or assigns; and (b) for the benefit of the residents of the Midpeninsula area in which this Subject Property is located; and constitutes an enforceable restriction. This covenant is expressly intended by District and League to run with the land described in said Exhibit "A", to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be enforceable by the League, its successors and assigns. Nothing herein shall be deemed to require the approval or consent of any other owner or occupant of any other parcel of real property located within or without the boundaries of the Midpeninsula Regional Open Space District or create any right in any third party for such enforcement of the terms of this Restriction with Covenants. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: President, Board of Directors Date: Attest: District Clerk Date: r EXIHW A Legal Description The land referred to is situated in the State of California, County of San Mateo, and is described as follows: The Southwest 1/4 of the Northeast 1/4 of Section 3 in Township 8 South, Range 3 West, Mount Diablo Base and Meridian. APN: 085-160-110 PURCHASE AGREEMENT This Agreement is made and entered into by and between STEVEN J. MUNSON, a single man, as to an undivided one-half interest; and ROLFE WYER AND LISA WYER, also known as ELIZABETH FENWICK, joint Tenants, as to an undivided one-half interest hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately forty (40) acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Number 085-160-110. Said property is further described in the Legal Description attached to Preliminary Title Report number 437431 from First American Title Company, 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 Page 2 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Five Hundred Thousand and No/100 Dollars ($500,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at First American Title Company, 555 Marshall Street, Redwood City, CA 94063, (650) 367-9050 (Escrow number 437431) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before May 14, 1999, provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes,the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of San Mateo County. B. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Four Hundred Ninety Nine Thousand and No/100 Dollars ($499,000.00) which is the balance of the Purchase Price of Five Hundred Thousand and No/100 Dollars ($500,000.00) as specified in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 11 of this Agreement. Purchase Agreement Page 3 E. District and Seller shall share (50/50) the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in San Mateo County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Seller shall cause First American Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $500,000 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 number 3, 4, 5, 6 ,7 8, 9 and 10 (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 San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e)), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupangy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, 46 Purchase Agreement Page 4 including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. C. Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of Proguly. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment Purchase Agreement Page 5 because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). B. Roresentations 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 the Property does not contain and has not previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled, generated, stored, treated, discharged, present, buried or disposed of on, under or about the Property, or transported to or from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing; (ii) Seller has not received any notice and Seller has no actual knowledge that any private person or governmental authority or administrative agency or any employee or agent thereof has determined, alleged or commenced or threatened to commence any litigation, or other proceedings, to determine that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste, nor has Seller received any communication from any such person or governmental agency or authority concerning any such matters. C. In emni . Seller shall indemnify, defend and hold harmless District from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by District, including without limitation, attorney, engineering and other professional or expert fees, to the extent arising from any breach of the warranties or representations contained herein. 9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91- 646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Purchase Agreement Page 6 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 market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections. 10. Miscellaneous Provisions. A. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. B. Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. C. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the 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 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 the 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. Purchase Agreement Page 7 D. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. E. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Steve Munson 260 Anchorage Street Santa Cruz, CA 95062 (831) 476-0565 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. F. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent Purchase Agreement Page 8 jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. G. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. H. WWi . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. I. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. J. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. K. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. L. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. M. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. i Purchase Agreement Page 9 N. Bindinp. 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 INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. Purchase Agreement Page 10 WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO AUTRAL ARBITRATION. SELLER INITL4L BUYER INITIAL 11. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before March 12, 1999, District shall have until midnight April 14, 1999 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. 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. v Purchase Agreement Page 11 DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN , SPACE DISTRICT Steve J. unson ACCEPTED FOR RECOMMENDATION Date: C Q0 n Michael C. Williams, Real Property ' Representative fe APPROVED AS TO FORM: Date: Susan M. Schectman, District Counsel Elizabet enwick q rREC. ND D FOR APPROVAL: Date: L. Craig Britton General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: 5 � 14 E R� Q. C 9 First American Title Company PRELIMINARY REPORT EXHIBIT Page f ouy- Order No. 437431 N-1 1, FIRST AMERICAN TITLE COM[PANY FIRST LOOK CHECKLIST PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO ANY OF THE FOLLOWING QUESTIONS? *Are your principals using a Power of Attorney? *Are any of the parties in title Incapacitated or Deceased? *Has a change in Marital Status occurred for any of the principals? *Will the property be transferred to a new Trust Partnership or Corporation? *Do the sellers of the property reside Out of State? *Is the property the subject of an Exchange? REMEEMIBER,ALL PARTIES SIGNING DOCUMENTS, MUST HAVE A VALID PHOTO I.D. OR DRIVERS LICENSE FIRST AMERICAN TITLE COMEPANY INFORMATION FOR YOUR SUCCESS EXHIBIT page Order No. 437431 SUPPLEMENTAL PRELIMINARY REPORT FIRST AMERICAN TITLE COMPANY 555 Marshall Street, Redwood City, CA 94063 (650) 367-9050 - ESCROW FAX (650) 364-1519 MID-PENINSULA OPEN SPACE DISTRICT Attn: Mike Williams 330 Distel Circle Los Altos, CA 94022 Customer's Reference: Form of Policy Coverage Requested: ALTA OWNERS POLICY - 1992 WITH REGIONAL EXCEPTIONS In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of January 25, 1999 at 7:30 a.m. ESCROW OFFICER: TINA DAVIS Page 1 EXHIBIT 0 Page,.3-at SUPPLEMENTAL REII .jRT Order No. 437431 Title of said estate or interest at the date hereof is vested in: STEVEN J. MUNSON, a single man, as to an undivided one-half interest; and ROLFE WYER AND LISA WYER, his wife, Joint Tenants, as to an undivided one-half interest The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE The land referred to in this Report is situated in the State of California, County of San Mateo, and is described as follows: The Southwest 1/4 of the Northeast 1/4 of Section 3 in Township 8 South, Range 3 West, Mount Diablo Base and Meridian. A.P. No.: 085-160-110 JPN 085 016 160 11 A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special Taxes for the fiscal year 1999-2000, now a lien, amount not yet ascertainable. 2. General and Special Taxes for the fiscal year 1998-1999, in the amount of$36.86 each installment, has been paid in full. Code Area: 066-005 A.P. No.: 085-160-110 3. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with Section 75 of the California Revenue and Taxation Code. 4. "WATER RIGHTS, CLAM OR TITLE TO WATER, whether or not shown by the public records". 5. EASEMENT for drainage within any creek or stream traversing the herein described property, together with the rights of the public in and to the waters and the use of such creeks or streams, to the high water mark. 6. ANY ADVERSE CLAIM based upon the assertion that some portion of the herein described property has been created by artificial means or has accreted to such portion so created. Page 2 EXHIBIT +MM page SUPPLEMENTAL h��ORT Order No. 437431 7. RIGHT OF WAY over the herein described property, as granted in Instrument: From: California Timber Company, a corporation To: Timothy Hopkins Dated: December 14, 1905 Recorded: December 16, 1905 Book/Reel 121 of Deeds at page/image 312, Records of San Mateo County, California. Grants Right of Way for any existing public or private roads. The location of said Right of Way is not disclosed of record. 8. EFFECT OF RIGHT OF WAY AND JOINT MAINTENANCE AGREEMENT between: W. H. Lyense, Garrick L. Hansen, Judy L. Hansen, Vince S. Garrod, Jane Whiteman Garrod and: S. Wohl recorded: July 9, 1974 Document No.: 61277-AH Book 6652 of Official Records at page 178, Records of San Mateo County, California. Purports to grant 60 foot wide right of way across the herein described property for road and utility purposes and also purports to establish a road maintenance fund. Parties thereto held no record interest in the herein described lands. 9. POSSIBLE LACK OF ACCESS in that no search has been made of the surrounding lands for any rights or easements for access purposes. 10. THE TERMS and provisions of that certain Agreement to maintain real property within the provisions of the Williamson Act and its Amendments dated February 15, 1977, between the County of San Mateo, a political subdivision of the State of California, and Steven Munson and Rolfe and Lisa Wyer, recorded February 28, 1977 in Book/Reel 7394 of Official Records at page/image 390 Document No. 86635-AK Records of San Mateo County, California. Page 3 EXHIBIT Page ot� SUPPLEMENTAL REPORT Order No. 437431 INFORMATION NOTES: A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B, Part I, the following exception from coverage: Any rights, interest, or claims of parties in possession of the land not shown by the public records. Any easement or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered title risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This eliminates the forced removal coverage in item 12 of covered title risks. Any water rights or claims or title to water in or under said land. B. The City of San Mateo imposes a property transfer tax of 'k of 1% of total consideration. C. Order Date: May 13, 1998 Short term rate date: None D. LENDER'S SPECIAL INFORMATION There have been no deeds recorded within the last two years prior to the date of this report, affecting the herein described property. Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment" pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. Any documents executed on or after January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial forms of acknowledgments may not be acceptable for recordation. First American Title will make the form available upon request. NOTE: Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". Page 4 EXHIEIT Page � of. �► SUPPLEMENTAL RA,.-ORT Order No. 437431 NOTICE Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance Company, underwritten Title Company, or controlled Escrow Company handling funds in an escrow or sub-escrow capacity,wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. NOTE: This report is subject to a cancellation charge as required by Sections 12404, et seq., of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E. N.O. KGamlp Page 5 EXHIgIT 14 Page L27-ot_1� Order No. 437431 ,y NOTICE In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statues referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. Form No. 4001 (3/92) EXH10f Page of_ v 1 i l 1 1 ! P � I This map may or may not be a survey of the !ana lipicted herecn. You s•c_Id rot rely epcn it for any purpose cther than cricr.t=t.cn to the general Z locaticn of the parcEl or pa:cEls do,-icted. First American expressly dacicims any lictiI;Zy for alleged loss or damage which may result from reliance upon this map. PLAT OF: SCALE: /�= ��� OUR NO. MAP NOTE: THIS IS NOT A SURVEY OF THE LAND, BUT IS COMPILED FROM DATA SHOWN BY THE PUBLIC RECORDS Paep of �� Form No. 1491.EAGLE(10198) Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE—1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE—1998 EXCLUSIONS In addition to the Exceptions in Schedule 8,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning: a, building b. zoning c. land use d. improvements on the Land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records: b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You;or d. that first occur after the Policy Date—this does not limit the coverage described in Covered Risk 7,8.d,22,23,24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specdically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys,or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY—1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating tc (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 encumbrance resulting from a violation or alleged violation affect- ing the Land has been recorded in the Public Records at Date of Policy.This exclusion does not limit the coverage provided under insuring provisions 14,15,16 and 24 of this 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 defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy.This exclusion does not limit the coverage provided under insuring provisions 14. 15,16 and 24 of this 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 occurrec 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 Comp an by the Insurec Claimant prior to the date the Insured Claimant became an Insured under this policy; EXHIBIT (c) resulting in no loss or damage to the Insured Claimant; Pais,->� �-�1° , (d) attaching or created subsequent to Date of Policy(this paragraph(d)does not limit the coverage provided under insuring provisions 7,8,1 };or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy,or the inability or failure of any subsequent owner of the indebt edness,to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage,or claim thereof,which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a)usury,except as provided under insuring provision 10 of this policy;or (b)any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, o similar creditors'rights laws,that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title,the existence of which are Known to the Insured at: (a) The time of the advance;or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 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. 2. Any facts, rights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims;reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. Part Two: 1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE. EXHIBIT * Page .of EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 SCHEDULE 8 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of 1 Taxes or assessments which are not shown as existing Dens 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 notice 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 which may be asserted by persons in possession thereof. 3 Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4 Discrepancies,conflicts in boundary lines shortage in area,encroachments.or any other facts which a correct survey would disclose,and which are not shown by the public records. 5 (a)Unpatented mining claims.(b)reserrat ons or exceptions in patents or in Acts authorizing the issuance thereok(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of INS policy and the Company will not pay loss or damage,costs,attorneys,fees of expenses which arise by reason of 1 (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws.ordinances,of regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land:III)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 lard 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 a a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to 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) 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 known to the Company,not recorded n 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 had paid value for the insured mortgage or for the estate or interest insured by this policy. 4 Unenforceabihty 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 unentorceability of the her of the insuredinortgage of 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 claim,which arises out of the transactor vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy.state insolvency or similar creditors'rights laws 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8 - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE t. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the lard,or the effect of any violation of any such law,ordinance or governmental regulation. 2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3 Defects.liens.encumbrances adverse claims.or other matters(a)created.suffered,assumed or agreed to by the insured claimant:(b)not known to the Company and not shown by the public records but known to the insured claimant eaher at Date of Po icy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,of 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 beer,sustained it the insured claimant had paid value for the estate or interest insured by this policy 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy SCHEDULE B Thu po jcy does not insure against loss or damage by eason of the matters shown in parts one and two following Par,One 1 Taxes or assessments which are not Show,as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2 Any facts rights interests or claims which are not shown by the ouboc records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3 Easements claims of easement or encumbrances 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 public records. 5 Unpatented mining claims reservations or exceptions in patents or;n Acts authorizing the issuance thereof water rights.claims or title to water. Any lien,or right to a hen for services abor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. I11=2 V LA'�'� 4. AMERICAN LAND TITLE ASSOCIATION LOAN ;Y - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 Any law,ordinance or governmental eguiation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy.use or enjoyment of the land,or regulating the characr dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land.or the effect of arty violation of such'aw ordinance or governreer.tal regulation 2 Rights of eminent domain or govemrertai rights of Dolice power unless notice of the exercise of such rights appears in the public records at Date of Policy 3 Defects.liens.encumbrances,acverse c aims.or other matters(a)created,suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not shown by the public records but lino to the insured claimant either at Date of Poilcy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claim, to the Company prior to the date such ensured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Da of Policy). 4 Unenforceability of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of arty subsequent owner of the indebtedness to comply with applicable doing business'LM of the sta in which the land is situated 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lercers Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptior to coverage appear in the policy SCHEDULE B This policy does not insure against loss of damage by reason of the matters shown in parts one and two following. Part One: 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_ 2. Any facts.rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims.reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for senses,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records, 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded horn the coverage of this policy and the Company will not pay loss or damage.costs,attorneys'fees or expenses which arise by reason of: 1 (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws.ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land.(if)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 whisk the land is or was a part:or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the.extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of 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 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 prier 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 insures 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,Tabor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);Or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy.or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable "doing business'laws of the state in which the land is situated. 5. Invalidity or unentorceabilitf 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. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the 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 mortgage which at Date of Policy the insured has advanced 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 of federal bankruptcy,state insolvency,or similar creditors'rights taws.Nat is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (if) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: �'�'�(a) to timely record the instrument of transfer:or r J (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Page ,.r�L of_ 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH REGIONAL EXCEPTIONS •••IL ... When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions tuerage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'lees 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. 2 Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records 5 Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof.water rights,claims or title to water. 6. Any lien,or right to a lien,for services labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'tees or expenses which apse 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.(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 encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by(a)above.except to the extent that a notice of the exercise thereof or a notice of a detect.lien or encumbrance resulting from a violation or alleged violation afecting 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 Detects,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 ifte 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 had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of tederal bankruptcy,state insolvency,or similar c(editors'rights laws, that is based on. (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer:or Ili) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure (a) to timely record the instrument of transfer.or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy SCHEDULE 8 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'lees or expenses)which arise by reason of Pan One 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. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims:reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished.imposed by law and not shown by.the public records. 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs.attorneys'tees and expenses resulting from. 1. Governmental police power.and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning • 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. 2. The right to take the land by condemning it,unless • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3 Title Risks • that are created,allowed.or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you EXHIBIT • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Tithe Risks 4. Failure to pay value for your title 5. lack of a right PBgA • to any land outside the area specifically described and referred to in Item 3 of Schedule A,or in streets,alleys,or waterways that touch your land PormNk.106&1(Ree10/17/92) 4 This exclusion does not limit the access Coverage in item 5 of Covered Title Risks Ex)HbitAtoPrdimk-ybp- PURCHASE AGREEMENT This Agreement is made and entered into by and between PENINSULA OPEN SPACE TRUST, a California non-profit, public benefit corporation, hereinafter called "POST", and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, POST was organized as a non-profit, charitable corporation to solicit, receive and hold gifts, legacies, devises and conveyances of real and personal property for public park, conservation and open space purposes, all in a manner complementary to activities of District; and WHEREAS, the property, assets, profits and net income of POST are irrevocably dedicated to said purposes and no part of the profits or net income of POST shall ever incur to the benefit of any individual; and WHEREAS, POST is the owner of certain real property which has open space and recreational value located within an unincorporated area of the County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, POST out of desire to promote public welfare, and share the natural and scenic beauty and enjoyment of their property with the citizens of the Midpeninsula area, hereby agrees 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. POST agrees to sell to District and District agrees to purchase from POST, POST's real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately forty (40) acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Number 085-160-120. Purchase Agreement Page 2 Said property is further described in the Legal Description attached to Preliminary Title Report number 447511 from First American Title Company, 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". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Two Hundred Twenty-Five Thousand and No/100 Dollars ($225,000.00), 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 8 herein, an escrow shall be opened at First American Title Company, 555 Marshall Street, Redwood City, CA 94063 (650) 367-9050 (Escrow number 447511) or other title company acceptable to District and POST (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before May 28, 1999; provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of San Mateo County. B. POST 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. POST 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: Q:\POST Garrod Purchase Agreement.wpd Purchase Agreement Page 3 (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 Two Hundred Twenty-Five Thousand and No/100 Dollars ($225,000.00). E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and POST in the manner customary in San Mateo County. All current property taxes on the Property shall be pro-rated through escrow between District and POST as of the Closing based upon the latest available tax information using the customary escrow procedures. F. POST shall cause First American Title Company, or other title company acceptable to District and POST, 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 $225,000 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) exceptions numbered 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 14 as listed in First American Title Company's Title Report No. 447511 of February 8, 1999 (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 San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to POST Escrow Holder's check for the full purchase price of the Subject Property (less POST's portion of the expenses described in Section 3E), and to District or POST, 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 Q:\POST Garrod Purchase Agreement.wpd Purchase Agreement Page 4 each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. POST's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, POST makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authori1y. POST 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 POST to District now or at the Closing have been or will be duly authorized and executed and delivered by POST and are legal,valid and binding obligations of POST 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 POST is a party or by which POST may be bound or any articles, bylaws or corporate resolutions of POST. 6. Waiver of Relocation Benefits and Statutory Compensation. POST and District understand and agree that POST 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. POST hereby waives any and all existing and/or future claims or rights POST 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. POST 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 market value of said Property, appraisals, etc., as provided. 7. 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. QAPOST Garrod Purchase Agreement.wpd Purchase Agreement Page 5 B. 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 to agree to an extension of the time for the performance of any obligations on the part of District or POST pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. C. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. D. 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: POST: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4, Suite 135 Menlo Park, CA 94025 Attn: Audrey Rust, President TEL: (650) 854-7696 FAX: (650) 854-7703 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 QAPOST Garrod Purchase Agreement.wpd Purchase Agreement Page 6 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. E. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. F. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. G. Waiver. 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. H 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. I. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. J. Survival of Covenants. All covenants of District or POST which are expressly intended hereunder to be performed in whole or in part after the Closing, and all Q:\POST Garrod Purchase Agreement.wpd Purchase Agreement Page 7 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. K. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. L. 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. M. 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. N. C lions. 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. O. 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. P. 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 ESITIALING 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 Q:\POST Garrod Purchase Agreement.wpd Purchase Agreement Page 8 ARBITRATTON 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 INITTALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATTON 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 HARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. POST INITL&L Z�/� DISTRICT 8. Acc=tan . Provided that this Agreement is executed by POST and delivered to District on or before March 26, 1999 District shall have until midnight April 14, 1999 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by POST to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. QAPOST Garrod Purchase Agreement.wpd Purchase Agreement Page 9 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: POST: MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST, SPACE DISTRICT a California non-profit, public benefit corporation ACCEPTED FOR-RECOMMENDATION2� t_ Audrey C. RqW, President Michael C. Williams, Real Property c Date: Representative APPROVED AS TO FORM: Susan M. Schectman, District Counsel RE ED FOR APPROVAL: �� A,>�� L. Craig n General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: QAPOST Garrod Purchase Agree t.wpd Order No. 447511 PRELAIINARY REPORT FIRST ANVIERICAN TITLE COMPANY 555 Marshall Street, Redwood City, CA 94063 (650) 367-9050 - ESCROW FAX (650) 364-1519 1VJ ID-PENINSLTLA REGIONAL OPEN SPACE DISTRICT Attn: Mike Williams 330 Distel Circle Los Altos, CA 94022 Customer's Reference: Form of Policy Coverage Requested: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- (1992) OR AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - (1992) WITH REGIONAL EXCEPTIONS and ALTA LOAN POLICY - 1992 In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to then condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is, desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of February 8, 1999 at 7:30 a.m. ESCROW OFFICER: TINA DAVIS Page 1 EXHIBIT Page�of Order No. 447511 Title of said estate or interest at the date hereof is vested in: PENINSULA OPEN SPACE TRUST, a California non-profit public benefit corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE The land referred to in this Report is situated in the State of California, County of San Mateo, and is described as follows: PARCEL I: The Southwest 1/4 of the Northwest 1/4 of Section 2, in Township 8 South, Range 3 West, Mount Diablo Base and Meridian. PARCEL H: A none-exclusive easement, 60 feet wide, for ingress and egress of pedestrians and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines, including gas, water, electrical and telephone lines as created by that certain instrument executed by Waldo H. Leynse and Ruth A. Leynse, his wife, recorded December 14, 1967 in Book 5406 at Page 192 (File No. 4940-AB) Official Records of San Mateo County, California. PARCEL III: A non-exclusive easement, 60 feet wide, for ingress and egress of pedestrians, animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines, including gas, water,electrical and telephone lines as created by that certain instrument executed by Arthur L. Lange and Judy Lange, his wife, recorded June 26, 1968 in Book 5493 at Page 269 (File No. 54316-AB) Official Records of San Mateo County, California. PARCEL IV: A non-exclusive easement, 60 feet wide, for ingress and egress of pedestrians, animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines, including gas, water, electrical and telephone lines as created by that certain instrument executed by Millard R. Humphrey and Weden P. Humphrey, his wife, recorded July 6, 1970 in Book 5803 at page 1 (File No. 29801-AD) Official Records of San Mateo County, California. Page 2 EXHIBIT s Page . of Order No. 447511 PARCEL V: A non-exclusive easement, 60 feet wide, for ingress and egress of pedestrians, animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines, including gas, water, electrical and telephone lines as created by that certain instrument executed by Millare R. Humphrey and Weden P. Humphrey, his wife, recorded June 21, 1971 in Book 5964 at Page 177 (File No. 18783-AE) Official Records of San Mateo County, California. PARCEL VI: A non-exclusive easement, 60 feet wide, for ingress and egress of pedestrians, animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines, including gas, water, electrical and telephone lines as created by that certain instrument executed by Greendyke Investments, Inc., recorded March 17, 1972 in Book 6111 at Page 282 (File No. 97934-AE) Official Records of San Mateo County, California. A.P. No.: 085-160-120 JPN 085 016 160 12 A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: l. General and Special Taxes for the fiscal year 1999-2000, now a lien, amount not yet ascertainable. 2. General and Special Taxes for the fiscal year 1998-1999, in the amount of$14.16 each installment, has been paid in full. Code Area: 066-005 A.P. No.: 085-160-120 -':., 3. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with Section 75 of the California Revenue and Taxation Code. 4. EASEMENT for drainage within any creek or stream traversing the herein described property, together with the rights of the public in and to the waters and the use of such creeks or streams, to the high water mark. 5. EASEMENT for mad and utility purposes over so much of the herein described property that lies within the boundaries of any and all public and private roads. Page 3 EXHIBIT y PPMP. 3___of�j— Order No. 447511 6. POSSIBLE EFFECT OF RIGHT OF WAY, through, over and across lands in possession of California Timber Company, a corporation, (predecessor in interest of Western Shore Lumber Company) as to a portion of the herein described property, for the purpose of logging, transporting and hauling through and across said lands, all wood and timber on lands belonging to grantee, with right to build and maintain all necessary roads and trials for such purposes and for bringing of supplies, machinery and all other purposes connected with the logging and lumber business of grantee, as granted by California Timber Company, a corporation, to Timothy Hopkins, by Deed dated December 14, 1905 and recorded December 16, 1905 in Book 121 of Deeds at page 312, Records of San Mateo County, California. The location of said Right of Way is not disclosed of record. 7. COVENANTS, CONDITIONS AND RESTRICTIONS, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c) as contained in Deed: Executed by: Arthur L. Lange and Judy Lange, his wife, Grantors To: Norman R. Hosking and Blodwan A. Hosking Dated: June 19, 1968 Recorded: June 26, 1968 Document No.: 54316-AB Book/Reel 5493 of Official Records at page/image 269, Records of San Mateo County, California. Said instruments contains a clause for the payment of maintenance and upkeep charges. 8. DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein: Executed by: Millard R. Humphrey and Weden P. Humphrey and Between: Norman R. Hosking and Blodwen A. Hosking, et al Dated: October 5, 1968 Recorded: July 6, 1970 Document No.: 29801-AD Book/Reel 5803 of Official Records at page/image 1, Records of San Mateo County, California. Said instrument contains a clause for the payment of maintenance and upkeep charges. 9. DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein: Executed by: Millard R. Humphrey and Weden P. Humphrey and Between: Vince S. Garrod and Jane Whiteman Garrod Dated: June 8, 1971 Recorded: June 21, 1971 Document No.: 18783-AE Book/Reel 5964 of Official Records at page/image 177, Records of San Mateo County, California. Said instrument contains a clause for the payment of maintenance and upkeep charges. EMISIP � Page 4 Page a Order No. 447511 INFOK MATION NOTES: A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B, Part I, the following exception from coverage: Any rights, interest, or claims of parties in possession of the land not shown by the public records. Any easement or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered title risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This eliminates the forced removal coverage in item 12 of covered title risks. Any water rights or claims or title to water in or under said land. B. The City of San Mateo imposes a property transfer tax of 1h of 1% of total consideration. C. Order Date: February 12, 1999 Short term rate date: June 29, 1998 D. LENDER'S SPECIAL INFORMATION There have been no deeds recorded within the last two years prior to the date of this report, affecting the herein described property. EXCEPT GRANT DEED From: Vince S. Garrod, Trustee and Jane W. Garrod, Trustee, of The Vince S. Garrod and Jane W. Garrod Trust dated August 9, 1990 To: Peninsula Open Space Trust, a California non-profit public benefit corporation Dated: June 23, 1998 Recorded: June 29, 1998 Document No.: 98100308 of Official Records of San Mateo County, California. Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment".,' pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. Any documents executed on or'after January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial forms of acknowledgments may not be acceptable for recordation. First American Title will make the form available upon request. NOTE: Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer. Identification Number to us so that we can file an IRS form 1099, or its equivalent, with the Internal Revenue` Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. Page 6 EXHIE3 Page �Lo� '-7 hss vlap may or may not be a survey W 1,110 acre deplctod hereon. You should not rely upon It for any purpose other than orientation to the general location of the parcel or parcels depicted. First American expressly discial^s nny liability for alleged loss or damage v;hich may result f W, ;olianoe upon tfys map O ro 2 G PG. /I s TAX CObE AREA - - - - - - Zt I CID la Q O o O PARCAU I A I U y i a i y PARQIL Alp L © O c a„o, �► Co ►7 \N CO \ b N �► „ 1 J ' O a eej it PAecet e ti rARelrt • O � � 1 CAMELO c as pl r4. J I li y 2 P.WIA I7 CAW 2 I PG. /7 I O1 11 ASSMSJOA,j MAP `7COUNCY Or JAM MArED CA. LA HONDA-PESCADERO UN/f/ED SCHOOL DISTRICT_ ro Order No. 447511 WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". NOTICE Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance Company, underwritten Title Company, or controlled Escrow Company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. NOTE: This report is subject to a cancellation charge as required by Sections 12404,et seq., of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E. O.N. DY/ac/p EXHIBIT r Page 7 Page _LO Order No. 447511 10. DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein: Executed by: Greendyke Investments, Inc. and Between: Vince S. Garrod and Jane Whiteman Garrod Dated: February 25, 1972 Recorded: March 17, 1972 Document No.: 97934-AE Book/Reel 6111 of Official Records at page/image 282, Records of San Mateo County, California. Said instrument contains a clause for the payment of maintenance and upkeep charges. 11. RIGHT OF WAY AND JOINT MAINTENANCE AGREEMENT, upon the terms and conditions as contained therein: Executed by: W. H. Leynse, et al and Between: Vince S. Garrod and Jane Whiteman Garrod Recorded: July 9, 1974 Document No.: 61227-AH Book/Reel 6652 of Official Records at page/image 178, Records of San Mateo County, California. Said instrument contains a clause for the payment of maintenance and upkeep charges. 12. THE TERNIS and provisions of that certain Agreement to maintain real property within the provisions of the Williamson Act and its Amendments dated February 15, 1977, between the County of San Mateo, a political subdivision of the State of California, and Vince S. Garrod & Jane W. Garrod, recorded February 28, 1977 in Book/Reel 7392 of Official Records at page/image 412 Document No. 85994-AK Records of San Mateo County, California. 13. ANY AND ALL unrecorded subsisting leases and rights of parties in possession. 14. ANY FACTS, rights, interest or claims which a correct ALTA survey would disclose. EXHIkof Page 5 Page Regional Open S1. _.ce R-99-59 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-10 April 14, 1999 AGENDA ITEM 2 AGENDA ITEM Final Adoption of a Use and Management Plan Amendment to Reroute Grabtown Gulch Trail at Purisima Creek Redwoods Open Space Preserve GENERAL MANAGER'S RECOMMENDATIO '-- Adopt a Use and Management Plan amendment to permanently remove the storm-damaged Grabtown Gulch Bridge over Purisima Creek, and to create a loop trail by rerouting lower Grabtown Gulch Trail to connect to Borden Hatch Mill Trail. DISCUSSION At your March 10, 1999 regular meeting, you tentatively adopted a Use and Management Plan Amendment to remove the damaged Grabtown Gulch Bridge and realign the trail to create a closed loop. This would be accomplished by building a new connection to the Borden Hatch Trail, as shown on the attached map (see report R-99-37). You also determined that the project is categorically exempt from the California Environmental Quality Act (CEQA). Since the March 10 meeting, staff has further studied the proposed trail alignment with trail consultant Gene Sheehan and confirmed that the route is feasible and can be accomplished primarily by using old, abandoned road alignments. No comments have been received from the public or other agencies on the proposal since your March 10 meeting. Prepared by: Randy Anderson, Planning 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 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE 1200 Pc 1400 2.1 ,nea �` ,�""" � � Phleger Estate •z,�,...,tv W10 o' (Golden Gate Nat at /Higgins •� :,•;� Recreation Area Purisima �� Road o ® 800 New trail alignment Trail and bridge to ` �0 s. be removed ,, ,�Huddart Park Iwo - Purluma rak. �... ---, - ....•..'.+'� (San Mateo Purisima dm '�, • Tre+r `\�,� "'�,.,_., �- --�. County) Creek / v ,zoo Road ��\ gy / � vnr•\ I •' moo / 1 - 1400 1.0. ® 0.4 ® •. ` 1.1 ,Mail :-1.8 \Redwood��n ,coo �\ Par�aim► y4.<. O^'� %— C /t in Fkoad 0.2 / Bald Knob / O ......... 1.3 .•••'cd° p Pcw 0 1 -•..✓ 5kYaneTnil -�. •• — (' Swett Rood m CA 12 bit 70 EL`CORTE DE•MADERA OPENSPACE PRESERVE �ty�EI C do Madera Grp Sct _ \\J t1.0o.le Skeggs 0.9rer t CF O Point _ . Saridatone yU 01 t o �i--.��Forrnatlon .1 .2 .3 A .5 .6 .7 .e .9 1.0 one Mite 0.5 \. ATTACHMENT 1 Ril�glonal Open Sj__.ce w . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-57 Meeting 99-10 April 14, 1999 AGENDA ITEM 3 AGENDA ITEM Appoint Grant Thornton as the District's Auditor for the 1998-1999 Fiscal Year at a Cost of $10,100 CONTROLLER'S RECOMMENDATION Appoint Grant Thornton as the District's auditors for the fiscal year 1998-1999 and authorize the General Manager to execute the engagement letter agreement in the amount of$10,100. DISCUSSION Grant Thornton has served as District auditors for the past three fiscal years. Grant Thornton has performed its services in a competent manner and I recommend the firm be retained. The fee will be $ 10,100; an increase of$500 over last year. Prepared by: Michael L. Foster, Controller Contact person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 o Phone:650-691-1200 FAX: 650-691-0485 - E-mail:mrosdrsopenspace.org * Wei)site:www.operlspace.org Bwrrl o7 Oirec tors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C_Nit/ + Genera{Manager-L Craig Britton Regional Open SI—ce R-99-61 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-10 April 14, 1999 AGENDA ITEM 4 AGENDA ITEM Denial of Claim for Damages Against the District and its Officers Submitted by Pietro G. DeNevi, Baseline Development Corporation, Inc., and LGCC, LLC DISTRICT LEGAL COUNSEL'S RECOMMENDATION Deny the claim against the District and its Officers filed by Pietro G. DeNevi, Baseline Development Corporation, Inc., and LGCC, LLC. DISCUSSION The above listed parties have filed a claim for damage against the District and certain named officers as the result of a dispute concerning the District's acquisition of certain lands of Arlie Land and Cattle Company. A copy of the claim which describes the circumstances allegedly giving rise to this claim is attached to this report. The Government Code requires that claims for damages be presented to a public agency within six months of the incident. The District then has 45 days to determine whether to approve or deny the claim. Upon denial of a claim, a claimant has six months to determine whether to proceed with legal action. The Board has previously received correspondence from both the attorney for the claimants and the attorneys for Arlie Land and Cattle Company concerning the purchase contract and land acquisition that are the subject of this claim. The Santa Clara County Superior Court has expunged the Lis Pendens previously placed on the lands of Arlie Land and Cattle Company, finding that the claimants had failed to establish the probable validity of their claims that Arlie allegedly breached a prior purchase contract between Arlie and the claimants to sell the claimant those lands. District legal counsel has reviewed this claim and recommends it be denied. There does not appear to be any basis to impose liability upon the District for this claim. Prepared by: Susan Schectman, District Legal Counsel Contact person: Same as above 130 Distel Circle d Los Altos, CA 94022-1404 - Phone:650 691-1200 FAX:650-691-0485 - E-mail: mrosdrropenspace.org - Web site: www.openspice.org Roard of Dire(tors Pete. Siemens,Mary C. Davey,led Cyr, Deane tittle, Nanette Hanko,Betsy Crowder,Kenneth C. Nitz - Generaf ManaL;er:L C raft;Britton CLAIM FOR DAMAGES TO Midpeninsula Regional Open Space District: PIETRO G. DENEVI (hereinafter referred to as "DENEVI"), BASELINE DEVELOPMENT CORP. INC. a California Corporation (hereinafter referred to as "BASELINE"), and LGCC, LLC, a California Limited Liability Company (hereinafter referred to as "LGCC") hereby make claim against Midpeninsula Regional Open Space District and its officers, officials and employees Craig Britton, Pete Siemens, Mary C. Davy, Nonette G. Hanko, Betsy Crowder, Kenneth C. Nitz, among others (hereinafter referred to as "Respondents") and make the following statements in support of the claim: 1. Claimants' post office addresses are: Pietro G. Denevi LGCC, LLC Baseline Development Corporation 701 North First Street 129 Vista Real Court San Jose, California 95112 Los Gatos, California 95032 Attention: Jeff Lauritzen 2. Notices concerning the claim should be sent to: William R. Seligmann Dempster, Seligmann & Raineri 455 Los Gatos Boulevard, Suite 208 Los Gatos, California 95032 3. The date and place of the occurrence or transaction giving rise to this claim are: Approximately between September 11, 1999 to the date of this claim in various parts of Santa Clara County, California. 4. The circumstances giving rise to this claim are as follows: a. On or about December 9, 1996, Mr. DENEVI and BASELINE, entered into a Purchase Contract (hereinafter referred to as the "Purchase Contract") with Hong Kong Metro Realty Corporation, to purchase the two hundred and ten (210) acres of the former Alma College site off of Bear Creek Road in the Los Gatos Mountains (hereinafter referred to as the "Subject Property"). The 210 acres were a portion of the total of approximately 1100 acres owned by Hong Kong Metro at that time. The Purchase Contract set forth the terms of the sale and provided for periodic payments to Hong Kong Metro to allow Claimants time to seek governmental approvals to construct a golf course and club known as the Los Gatos Country Club. The Purchase Contract consisted of a "Real Estate Purchase Contract And Receipt For Deposit", "Counter-Offer," and a "Counter-Counter-Offer." The new Purchase Contract also specifically provided, among other things, that DENEVI was to receive a consultant fee for his services to the property in the amount of five percent (5%) of the purchase price upon close of escrow. On or about July 10, 1997, DENEVI entered a written agreement with Hong Kong Metro amending the Purchase Contract by extending all of the deadline dates in the Purchase Contract by ultimately six (6) months (hereinafter referred to as the "1997 Amendment"). This extended the closing date to June 16, 1998. b. On or about December 1997, Hong Kong Metro sold the 1100 acres, including the 210 acre Subject Property under contract with Claimants to Arlie Land and Cattle Company (hereinafter referred to as "Arlie"). The sale was subject to Claimants' contract to purchase the Subject Property. Hong Kong Metro did not seek the approval of Claimants before the sale from Hong Kong Metro to Arlie. C. On or about March 18, 1998, DENEVI requested an extension beyond the June 16, 1998 deadline because of the new delays caused, in part, by Arlie's request that the County of Santa Clara recognize the additional Building lots on the property. d. An extension agreement was subsequently executed on or about June 16, 1998 by the Claimants DENEVI and BASELINE and Arlie for payment of$125,000.00 in payments (hereinafter referred to as the "July 16, 1998 Extension"). e. In July of 1998, a dispute arose between Claimants DENEVI and BASELINE and Arlie regarding performance of the July 16, 1998 Extension Agreement. As a consequence, on or about July 22, 1998, Claimants DENEVI and BASELINE initiated a lawsuit against Arlie and Hong Kong Metro. That lawsuit was settled on or about September 11, 1998 pursuant to the terms of a written settlement agreement (hereinafter referred to as "Settlement Agreement"). Pursuant to the terms of the Settlement Agreement, the close of escrow under the Purchase Contract was extended until September 18, 1998. On or about September 15, 1998, Claimants DENEVI and BASELINE assigned their rights under the Purchase Contract to Claimants LGCC, LLC. Thereafter, on September 18, 1998, Claimants tendered performance in accordance with the terms of the Purchase Contract and the 1997 Amendment. Arlie, however, failed and refused to provide information necessary to determine the prorations under the Purchase Contract and 1997 Amendment, refused to transfer title to the Subject Property, and instead extended the closing date to September 30, 1998. On or about September 30, 1988, though, Arlie advised Claimants that he was terminating the Purchase Contract, and instead had reached an agreement to sell all the Subject Property to Midpeninsula Regional Open Space District. f. Respondents knew of the above-described contract and relationship existing between Claimants and Aril in that Claimants had expressly advised them of it. g. Between approximately September 11, 1998 and September 30, 1998 Respondents engaged in secret meetings and negotiations with Arlie, in which Respondents wrongfully induced Arlie to breach the Purchase Agreement with Claimants, by among other things falsely promising Arlie that if Arlie sold the Subject Property to Respondents, then Respondents would help Arlie to acquire 55 developable lots on the adjoining property. Based on these wrongfully negotiations, Arlie breached its contract with Claimants and contracted to sell the Subject Property to Respondents. h. As a proximate result of Respondents' conduct and the breach of contract by Arlie, Claimant has suffered irreparable damage, all of which was foreseeable to Respondents. i. Claimants are informed and believe that the aforementioned acts of Respondents, and each of them, were willful, oppressive, fraudulent and malicious, entitling Claimants to punitive damages against the officers, officials, employees and agents of Respondent who were involved. 5. Claimants' injuries are: Loss of the Subject Property and their considerable investment in improving and managing the property and obtaining permits for development of the property. 6. Names of public employees causing claimants' injuries: Claimants are informed and believe that the names of the public employees causing the claimants' injuries are Craig Britton, Pete Siemens, Mary C. Davy,Nonette G. Hanko, Betsy Crowder, Kenneth C. Nitz. 7. Jurisdiction of claim: The claim as of the date of this claim is in an amount that would place it within the unlimited jurisdiction of the Superior Court. The claim is based on damage, and/or loss in an amount to be proved later. Dated: 3/F` IF�1 William R. Seligmann, Attorney for Claimants Regional Open Sloce J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-60 Meeting 99-10 April 14, 1999 AGENDA ITEM 5 AGENDA ITEM Authorization to Change District's Designation of Aut orized Signatories for Entering District Safe Deposit Boxes GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes(Mid-Peninsula Bank) DISCUSSION Section 2.50, "Safe Deposit Box", of your Rules of Procedure states that"The authorized signature for entrance into the District's safe deposit box are any of the following; President,Treasurer, General Manager, and the District Clerk." In light of the recent change of District Clerk assignment from Deirdre Dolan to Peggy Coats, it is necessary to change the District's designation of authorized signatories for the District Safe Deposit Boxes. Prepared by: Peggy Coats,District Clerk Contact person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 FAX:650-691-0485 - E-mail:mrosd@openspace.org - Web site:www.openspace.org ' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz -Genera!Manager:L.Craig Britton )l b 1 V MID - PENINSULA BANK SAFE DEPOSIT SIGNATURE CARD - NON PERSONAL Renter: MIDPENINSULA REGIONAL OPEN SPACE DISTRIC Financial MID—PENINSULA BANK 330 DISTEL CIRCLE Institution: 420 Cowper Street LOS ALTOS,CA 94022 Palo Alto,CA 94301 RENTAL AGREEMENT MIDPENINSULA REGIONAL OPEN SPACE DISTRIC,I ter elnnfler"Renter",hereby applies to MID—PENINSULA BANK,hereinafter'You","Your",' the safe deposit box In accordance wilh the terms and conditions contained on both sides of this card and, in consideration of the rental al delivery of the two keys to the box,the receipt of which Is hereby acknowledged,agrees to pay the rental fees and to comply in all respects with r bound by all the terms,conditions,rules and regulations relened to or Included In this Agreement. CORPORATE/ASSOCIATION RESOLUTION I hereby certify that I am the duly qualified Secretary of MIDPENINSULA REGIONAL OPEN SPACE DISTRIC; that at a meeting regulnriy con pursuant to Its Bylaws on November 21, 1997, or by special scllon without a meeting, Its Board of Directors adopted a resolution which has nol been modified or revoked,of which the following is a hue copy: "Resolved that any one(1)of the Authorized Signers below be and they hereby are authorized to enter into such Safe deposit rental agrees with MID—PENINSULA BANK,as they shall deem proper, to have access to and to surrender Ilia box or boxes,to receive and receipt for any cc of the box or boxes or other property In your possession for storing or safekeeping and to execute releases of liability with respect to an) transactions, until you receive at fire location at which Ilia safe deposit box or boxes may be rented a certified copy of a resolution revok modifying this resolution." I further certify that the signatures below are genulne signalures of ilia persons designated In the resolution. CERTIFIED TO AND ATTESTED BY: X 'Secretary or Assistant Secretary _ CORPORATE Renter: MIDPENINSULA REGIONAL OPEN SPACE DISTRIC X Box Number: 27D4 — 7_705 — 27C Number of Signers Required:EAny one(1)of the Authorized Signers)shown below. �3%, P,,kjpar @ r certifying offlU#��L"bA by the resolutions as one of the signing officers,this resolution must e Srgr tt Ata1 Mallon. X _ _ SSN: Phone: (H): (W):(415)691-1200 L CRAIG BAITTON,GENERAL MANAGER Dale Street: .lob: ID: X _ SSN: Phone: (tl): (W): PEGGY COATS DISTRICT CLERK Date Street: Job: ID: X SSN: Phone: (H): (W): JED CYR, PRESII UTT Date Street: Job: ID: X SSN: Phone: (H): (W) PETE SIEMENS, TREASURER [)ate Street: Job: IU: ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE Regional f' Ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-62 Meeting 99-10 April 14, 1999 AGENDA ITEM 6 AGENDA ITEM Authorize Final Payment in an Amount Not to Exceed $30,000 Under the Retainer Agreement for Legal Services With the Firm of Miller, Starr, and Regalia DISTRICT LEGAL COUNSEL'S RECOMMENDATION<j Authorize the Final Payment for Legal Services in an Amount Not to Exceed $30,000. DISCUSSION: At your meeting of January 13, 1999 (see Report R-99-132), you approved a Retainer Agreement for Legal Services with Miller, Starr, and Regalia. Based upon past positive experience, this firm was employed to assist with and take a major role in the development of the agreements necessary for completion of the Arlie Land and Cattle Company transaction. That transaction was approved by you on March 10, 1999 (see Report R-99-07) and the initial escrow closing occurred on Friday, March 12, 1999. This project was the most complicated land purchase transaction ever accomplished by the District. As a result of assistance from Miller, Starr, and Regalia, the District was able to obtain the necessary legal assurances in the form of the final execution documents in order to proceed with this multi-faceted acquisition/lease option project. The overall legal fees, including this final payment, total $135,000, which was discounted from the final billing by approximately $7,500 because of the District's status as a public agency and an interest on behalf of the Law Firm of Miller, Starr, and Regalia in supporting the District's programs. Prepared by: Susan Schectman, District Legal Counsel Contact person: Same as above 330 Distel Circle * Los Altos, CA 94022-1404 * Phone: 650-691-1 Zoo FAX: 650-691-0485 - F-mail: mrosd@opensl>a(-e.org * Web site:www.ol)ensl>ace.org Ro,vd of Oire(tors Pete Siemens,Mary C_Davey,Jed Cyr, Deane Little,Nonette Hanko,Hetsy Crowder,Kenneth('.Nit/ .Genera!Man gwr:t_Crai};Britton Claims No. S9-O ' W1eeUngSS-1O Date: April 14, 1999 K8|DPBN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5861 724.82 Acme& Sons Sanitation Sanitation Services 5862 303.81 AOT Security Services Alarm Service 5063 171.03 °1 Allan Steel & Supply Company 2-Tan Ton Jacks 5864 60.13 Randy Anderson Vehicle Expense 5865 128.81 AdachLerninaUng Lamination Sheets 5886 34.84 AT&T Telephone Service 5867 115.00 AV Car Van Rental-Fremont Older Tours 5808 543.78 Bailey's Uniform Boots 5868 2.438.00 BNY Western Trust Company Note Paying Agent Fees-1S95Notes 5870 58.37 Barron Park Supply Company Plumbing Repairs 5071 3.473.49 Big Creek Lumber for Miscellaneous Projects 5872 141.33 Bowerman Electric Light Rep|ooemnent--OC Building Lot 5873 10.560.00 Brian KongosFou|h Teague Hill Engineer 5874 170.12 Car|eonBruins Reimbursement--Resource Supplies 5875 270.00 Jane Buxton ROSS Study Consultant 5876 470.57 Cabe|e's ATV Winch & Ramps 5877 52.50 Cabrillo Unified School District Meeting Facility Rental Fee 5878 201.03 John Cahill Re|mbursernent--Phona &Vehicle Expense 5879 13.997.00 California Conservation Corps Exotic Plant Rannova|-Pu|goaRidge 5880 52.50 California State Board ofEqualization Diesel Fuel Tax 5881 17.89 Carolina Biological Supply Microscope 8|idaa-NatuneCenter 5882 532.58 Cascade Fire Equipment Company Pumper Parts 5883 18�00 Coastal Conservancy Subscription to"Coast& Ocean" 5884 6.130.69 Peggy Coats Reimbursement--Software 5885 399.00 ConnpuK8aobar Microsoft Access 97Tnaining-K. Webb 5886 30.00 °2 Comp USA Training-4 Cahill 5887 723.32 Connpurun Computer Repairs & Hard Drive 5888 231.10 Cosb:oVVho|eae|e Membership Dues & Office Supplies 5888 20.21 CSNKnagmn Vehicle Head Lamps 5890 302.33 Dennis Danielson Reimburaement--Fi\m & First Aid Pack 5891 35.00 Environmental Volunteers K8EAAyWembmrohip 5892 80.00 John Escobar Reimbursemnent--NRPA Membership Dues 5893 88.08 Film ToFrame Film & Development 5894 498.000.00 ^^ First American Title Company Munson Acquisition 5895 225.000.00 ^° First American Title Company POST-GernodAcquiaiUon 5896 112.37 Forestry Suppliers yWapRaoh'Shv|ina 5897 76.70 Matt Fnaernen Vehicle Expense 5898 33.04 G. Nei| Attendance Controller Cards 5899 73.48 G& KServices Shop Towel Service 5900 950.96 (Sarden|and Power Equipment Power Pruner&Generator Parts 5901 122.33 Gilroy Motorcycle Center Vehicle Manuals 5902 50.99 GoodnoPnaoo Training Forms 5903 227.74 GTE Wireless Cellular Phone Service 5904 760,00 HN2 |no. Sennoo Underground Tank Removal Contractor 5905 2.700.00 Jens Hansen Windy Hill Access Improvement Project 5906 600.00 Heather Heights Road Association RoadOuee-1SQS Page I | � � Claims No. 99-07 Meeting 99-10 Date: April 14, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5907 960.41 Home Depot Field Supplies 5908 5,810.56 Howard Rome Martin & Riley Legal Services 5909 4,487.33 Irvine &Cooper Law Offices Legal Services 5910 306.12 Jakaby Engineering La Honda Bridge--Final Inspection 5911 1,268.70 Jeda Publications Brochure Printing 5912 105.95 Keeble&Shuchat Photography Staff Photos& Frames 5913 24.02 Kinko's Copies& Office Supplies 5914 134.79 Kwik Key Lock&Safe Co., Inc. Lock Repair--DC Kitchen Lock 5915 2,000.00 David Kossack Vegetation Map Project Consultant 5916 30.00 *3 La Honda-Pescadero Unified School District Meeting Facility Rental Fee 5917 596.34 Langley Hill Quarry Road Repair Materials 5918 935.20 Lanier Worldwide, Inc. Copier Lease 5919 219.26 Life-Assist, Inc. First Aid Supplies 5920 251.00 Los Altos Garbage Company Dumpster Service 5921 11.70 Lucent Technologies Phone Service Agreement 5922 810.00 Macs Lab, Inc. Soil Samples Testing 5923 261.21 MCI Long Distance Phone Service 5924 296.00 PaulMcKowan Reimbursement-Airfare for Conference 5925 1,325.00 Micro Accounting Solutions Computer Consultant 5926 645.48 Micromedia, Inc. Microfiche of 1998 Files 5927 30,000.00 Miller, Star& Regalia Legal Services 5928 179.05 Minton's Lumber&Supply Field Supplies 5929 1,079.08 Mission Valley Ford Vehicle Repair 5930 103.76 Mountain View Garden Center Fill Sand 5931 684.92 Orchard Supply Hardware Field Supplies 5932 9.95 Outdoor California Subscription 5933 271.18 Pacific Bell Telephone Service 5934 25.00 Palo Alto Utilities Black Mountain Power 5935 188.50 Loro Paterson Reimbursement-Supplies & Uniforms 5936 167.02 Peninsula Blueprint Printing Services 5937 26.97 PC Magazine Subscription 5938 457.13 Pine Cone Lumber Company, Inc. Field Supplies 5939 380.73 Pip Printing Printing Services 5940 116.06 Pitney Bowes Inc. Postage Meter Tape 5941 86.06 Portola Valley Feed Straw Bales-Erosion Control 5942 149.00 Fred Pryor Seminars Seminar--M. Smith 5943 8,033.01 Rana Creek Habitat Restoration Grassland Study Consultants 5944 1,000.00 Tom Randall Rent Agreement--May 5945 34.13 Rayne Water Conditioning Water Service 5946 290.11 Rich's Truck Tire Service Tires 5947 214.51 R.V. Cloud Company Field Supplies 5948 3,256.56 Roy's Repair Service Vehicle Repair& Maintenance 5949 114.75 Safety-Kleen Solvent Tank Service 5950 731.00 Santa Clara Co. Dept. of Environmental Heal Hazardous Materials Permit 5951 181.61 Santa Clara County Flares for Vehicles 5952 62.35 Second Cup Business Meeting Expense Page 2 Claims No. 99-07 Meeting 99-10 Date: April 14, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5953 72.00 Secretary of State Fee for State N;tary Commission 5954 51.00 Sequoia Analytical Water Testing 5955 1,050.00 Rich Seymour Amphibian Inventory Consultant 5956 586.81 Signs of The Times Signs& Dies 5957 102.82 Skyline County Water District Water Service 5958 10.00 Skywood Trading Post Fuel 5959 1,688.50 *4 Space Designs, Inc. Office Furniture Deposit 5960 164�96 Speedy Auto &Window Glass Window Replacement--DC Building 5961 615.00 Heidi Stenner Restoration Poster--Pulgas Ridge 5962 240.81 Stevens Creek Quarry, Inc. Baserock 5963 466.57 Summit Uniforms Uniforms 5964 1,001.31 T eater& Etc. Maps 5965 184,432.00 Thoits-FG & H Insurance Property Liability Insurance 5966 71.58 Tooland, Inc. Equipment Parts 5967 24.57 Turf& Industrial Equipment Co. Tractor Oil & Filters 5968 475.00 UC Davis Extension GIS Seminar--D. Vu 5969 91.83 University Art Center Graphic Supplies 5970 6.76 Unocal Fuel 5971 7.93 *5 UPS Parcel Post Service 5972 2,688.13 U.S. Bank Note Paying Agent Fees-1990 Notes 5973 3,000.00 U.S. Postal Service Postage 5974 149.95 West Coast Aggregates, Inc. Baserock 5975 805.00 Mike Westphal Amphibian Inventory Consultant 5976 220.00 WAC Corporation Aerial Photos--Pulgas 5977 235.93 West Group Payment Center On-Line Access & Law Update Service 5978 346.40 West Tek Supply, Inc. Netting for Moody Trail 5979 360.12 Wheel Works Tires 5980 1,808.50 Whitmore, Johnson & Bolanos Legal Services 5981 760.00 Wilderness Graphics, Inc. Signs 5982 1,200.00 Roberta Wolfe Recording Services 5983 200.00 Woodside & Portola Private Patrol Secure Gates--Windy Hill Parking Lot 5984 169.67 The Workingman's Emporium Uniforms *1 Urgent Check Issued March 31, 1999. *2 Urgent Check Issued April 8, 1999. *3 Urgent Check Issued April 1, 1999. *4 Urgent Check Issued April 2, 1999. *5 Urgent Check Issued April 6, 1999. In the Event Agenda Item#1 is not approved, this claim will not be processed. Legal Services not to exceed $30,000.00 in the event Agenda Item#6 is not approved. Total 1,043,723.47 Page 3 Regional Open Sj--,ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: April 9, 1999 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.ol)etisl)ace.org Board or Directors:Pete Siemens,Mary C. Davey,)ed Cyr, Deane Little, Nonette I lanko,Betsy Crowder,Kenneth C.Nit, .General Manager:L.Craig Britton jo 004 Sempervirens Fund Drawer BE, Los Altos, CA 94023-4054 650/968-4509 Fax 650/968-0713 www.sempervirens.org ror the preservation of redwood lands Board of Directors John D Luckhardt President Michael S.Barton Vice President April 1, 1999 Betsy B Ross Secretary Geza L Gyorey Treasurer Robert A Bryan Mary C,Davey William N.Harris Dear Colleagues and Friends: Gil V.Hernandez Claude A 'Tony"Look Don Sherer As Sempervirens Fund approaches its Centennial, we will also have a Ellen C Weaver Richard P Wheat,M D change in our leadership. Our Executive Director, after 14 years of Stephen N.Wyckoff George Collins exceptional service, is retiring. We now seek a dynamic, innovative and Honorary Vice President Howard King experienced Executive Director with strong management, fund Honorary K.McCarthy esiden` development and advocacy skills, who can partner with our Board of Thomas K.McC Honorary Vice President Directors to fully realize our mission and vision. Sponsors Stanley M Barnes Allan F Brown Sempervirens Fund has a long and proud history of preserving and Robert V Brown Mrs.Robert Busher protecting the coastal redwoods of the Santa Cruz Mountains. The next Frederica Clark twenty years will be critical in completing our mission. It is urgent that we James R Compton Mabel Crittenden acquire the necessary land in order to complete an integrated parkland Mrs Moms M Doyle Robert B Flint.Jr system. Robert H.Geisler Michael D.Green William R Hewlett Leo A.Hoefer We seek your help in finding a new Executive Director to lead us into this Penny Gerbode Jay exciting new era. If you know of anyone who might be interested in this Donal Kennedy Robert dC Kirkwood opportunity, please encourage him or her to get in touch with Gail Stypula, Betty Melvin B eLane eber our Search Consultant, at 831 648-9327. We will be accepting inquiries and Mrs_Horace Laughlin Putnam Livermoreapplications until the position is filled, but will begin the first round of Paul Locatelli,S J interviews on May 17. Mrs I S Mark Robert McIntyre Brian O"Neill Margaret Owings Sincerely, Billy Prior Robert C Rempel Kirk Smith Mrs.Jean S-Steinhardt John W Stypula ?4e,fj-4�� Denzil Verardo Jenn e Verardo Charles A.Walton John Luckhardt Advisors President, Board of Directors Kindel T Blau Doris Leonard Co-Chairman, Search Committee Alexander Lowry Betsy Blais Shotwell Michael E Soup Executive Director Verlyn H Clausen Panted an Recycled Paper Sempervirens Fund `0 goj Drawer BE, Los Altos, CA 94023-4054 650/968-4509 Fax 650/968-0713 www.sempervirens.org For the preservation of redwood lands JOB ANNOUNCEMENT Board of Directors John D Luckharcit EXECUTIVE DIRECTOR President Michael S.Barton Applications for the position of Executive Director of Sempervirens Fund are being Vice President accepted from now until the position is filled,with the first round of interviews beginning BeSecretary ecretar syB Ross May 17. It is anticipated that the new Director will assume the new duties as soon as Secr Geza L Gyorey possible after July 1, 1999. Treasurer Robert A.Bryan Mary C Davey BACKGROUND William N.Harris Gil V.Hernandez The purpose of Sempervirens Fund is to preserve and protect the natural character of "Tony"Look Don Sherer California's Santa Cruz Mountains and to encourage appropriate public enjoyment of this Don Ellen c weaver environment. We seek to achieve this by acquiring suitable land in a working partnership Richard P wheat,M D Stephen N Wyckoff with the State of California and other public and private agencies, completing Big Basin George Collins and Castle Rock state parks,fostering public participation in activities such as reforestation Honorary Vice President HowardJ.King and trail projects, and linking parks and open spaces to provide an integrated parkland Honorary Vice President stem. The Year 2000 will be our Centennial Year. Sempervirens Fund has taken an Trcmas K McCarthy system. P Honorary Vice President active role in expanding parks in the Santa Cruz Mountains, including Big Basin Sponsors Redwoods, Castle Rock State Park, Butano and others. Close to 9,000 acres have been Stanley M Barnes added to the parks since 1968,representing a current value of more than $40,000,000. FOR Arlan F.Brown Robert V.Brown MORE INFORMATION, VISIT OUR WEBSITE AT www.sempervirens.org Mrs Robert Busher Frederica Clark James R Compton Sempervirens Fund has an annual operating budget of over $2,000,000 and currently Mabel Crittenden Doyle tii•s Morns M employs 4 full time and 5 part time employees. All staff persons report to the Executive Robert B Flint,Jr Director, including the following positions: Director of Development, Director of ,Robert H_Geisler Michael D.Green Administration, and Fiscal Manager. The Executive Director reports directly to the Board William R.Hewett of Directors and its Executive Committee. Leo A.Hoefer Penny Gerbode Jay Donald Kennedy RChert C Kirkwood AREAS OF RESPONSIBILITY Betty Jones Kroeber The Executive Director is responsible for the day to day operations of the organization. M B lane Mrs,s Reporting to the Board of Directors, the ED carries out its policies and decisions. Major .Horace Iaughlin Putnam Livermore areas of responsibility,in order of importance,are to: Paul Locatelli,S J P Mrs I S Mark Robert McIntyre 1. PLANNING Brian Neill Margaret Owingsconjunction. In with the Board of Directors, develop the long range, strategic plan covering land Billy Prior acquisition and fund development,utilizing,among other methods,an annual Board workshop. Robert C Rempel . Develop and resent for Board approval of an annual plan of action. Krk Smith P P PP Mrs.Jean S.Steinhardt Jcrn W Stypula 2. FUND DEVELOPMENT Denzil verardo •Provide leadership and vision to significantly increase the fund development capacity of the organization. Je^rare verardo P � � Y� P P tY g CrarlesA.Walton • Work closely with the Board in all fund development activities, starting with the establishment and Advisors implementation of fund development plans. K,ndel T.Blau • In conjunction with the Development Director,participate in and ensure success of major solicitations. Dons Leonard Alexander Lowry Betsy Blais Shotwell 3.BOARD COLLABORATION Michael E.Soup • Keep the Board informed of Fund activities,attend meetings of the Board, its Executive Committee and Executive Director other key Committees. ve•lyn H Clausen •Consult on a regular basis and develop meeting agendas with the Board President •Assist the Board to increase its effectiveness in performing its governance role. Pr rated on Recycled Paper 1 04/08/1999 17:12 4155437092 FAG3E 01 Peninsula Open Space Trust For Immediate Release For more information: April 7, 1999 Audrey Rust or Kathryn Morelli (650) 854-7696 Peninsula Open Space Trust Receives Landmark $5.25 Mlillon Packard Foundation Grant Funds Will Go Toward Final Purchase of Rancho C0ada de Oro, Other Threatened Properties in San Mateo and Santa Clara Counties (Menlo Park, CA) The Peninsula Open Space Trust (POST) today announced its receipt of a generous $5.25 million grant from The David and Lucile Packard Foundation. This is the largest foundation grant POST has been awarded. POST, one of the nation's leading local land trusts, will apply the grant specifically for land acquisition. Of the $5.25 million, $3 million will be used to complete the purchase of Rancho CarAada de Oro, a 2,428-acre ranch located on the west side of Santa Clara Valley. The remaining $2.25 million will be used over the next several months toward the purchase of additional San Mateo and Santa Clara County properties. "We are thrilled with the Packard Foundation's overwhelming support for land conservation on the Peninsula," said Audrey Rust, President of POST. "The Packard Foundation understands that POST relies on a wide variety of funding sources — individual donors, foundations, and public agencies — to realize our mission. We are pleased that the Foundation has faith in our ability to match and leverage their generous grants with additional contributions. Now, we hope that others follow the Foundation's lead by joining the effort to preserve vital open space." Located just one half-hour from downtown San Jos6, Rancho Caftada de Oro is a true signature California landscape. Its features include riparian woodlands, grassland meadows, rolling foothills, and canyons surrounded by oak covered ridges. The property also provides habitat for the threatened Bay checkerspot butterfly, tiger salamander and California red-legged frog. (more) 3000 Sand Hill Road,4-135 Merdo Park, California 94025 Tel- (650)&M-7696 Fax: (650)854-7703 WWW.openspacetrust.org 04/08/1999 17:12 4155437092 PAGE 02 POST—page 2 "The Packard Foundation is pleased to support the preservation of open space through this grant to POST," said Jeanne Sedgwick, Director of the Packard Foundation's Conservation Program. "With pressures on land use mounting every day, land conservation efforts on the San Francisco Peninsula are more crucial than ever. Through the purchase of Rancho Cafiada de Oro, and other key properties in San Mateo and Santa Clara counties, POST is creating a legacy that will benefit generations to come." The purchase of Rancho CaAada de Oro is part of POST's land acquisition campaign, "Completing the Vision: The Campaign to Save Essential Open Space," which to date has won permanent protection of more than 12,500 acres in San Mateo and Santa Clara counties. POST acquired the property from Crummerland Limited for $6.25 million this past January. In addition to the $3 million gift from the Packard Foundation, POST has gained support for the purchase of Rancho Caftada de Oro from a wide range of funders, including $1 million from the City of San jos6, $1.25 million from Santa Clara County Open Space Authority, and $1 million from the Santa Clara County Parks and Recreation Department, which will eventually take over ownership and management of the land. Since its founding in 1977, POST has protected more than 37,000 acres on the San Francisco Peninsula. 1280 JOHNSON AVENUE- SAN .LOSE• CA- 95129 408 366 7700 - FAx:408 366 7716 s. C BILL RICHTER, PRINCIPAL April 5, 1999 Board of Directors Mid Peninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Re: Job Shadow Participation Lynbrook High School, San Jose Lynbrook High School PTA is sponsoring a Job Shadow Program, April 6-8. Our primary focus is to provide an experience for the students to observe and talk with an employee at the workplace in an occupation in which he/she has expressed an interest. Several of our students were interested in the field of Park Ranger. We wish to thank Gordon Baillie for his excellent effort in coordinating three job shadow opportunities with Patrick Congdon, Ken Miller and Frank Olson. One position was selected by a student and we hope it will be a positive learning experience for everyone. Our sincere appreciation to the Mid Peninsula Regional Open Space District for their willingness to participate in this educational program for our students. ala� Julie Tomlin Parent Volunteer Lynbrook High School APR 7 ; }' REMONT UNION HIGH SCHOOL DISTRICT WWW,FUHSD.ORG LEAGUES OF WOMEN VOTERS OF SANTA CLARA COUNTY Los Gatos-Saratoga-Monte Sereno Cupertino-Sunnyvale San Jose-Santa Clara Los Altos-Mtn. View Palo Alto April 3, 1999 R. L. Craig Britton, Director Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 Dear Mr. Britton, The Leagues of Women Voters of Santa Clara County commends the Midpeninsula Regional Open Space District for its commitment to purchase the former Alma College property for permanent public open space. We believe it in the public interest for the entire property to become open space. As open space it would provide a needed benefit and balance to the overall land use of this urbanized region, while protecting the Lexington reservoir from possible increased danger to its water supply from private site usage. We support the MROSD's efforts to acquire the entire former Alma College property for permanent public open space. Sincerely, Crownie Billik, Chair Leagues of Women Voters of Santa Clara County A P R 7 Regional Open S1. -ce s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 6, 1999 To: Board of Directors From: L. Craig Britton, General Mana i - Subject: Addition of the Barbara I. Smith 1/42 Interest in the 30-Acre Kirschbaum Property; Cathedral Oaks Area of Sierra Azul Open Space Preserve In accordance with your Rules of Procedure, Section 260 (2), as amended on June 18, 1991 (see Report R- 91-62), to wit: "The General Manager is hereby authorized to approve the acquisition of a minor interest in or easement upon real property and accept on behalf of the Midpeninsula Regional Open Space District deeds or grants conveying any such minor interest in or easement upon real property to the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as required by law, subject to the following: a) The General Manager finds that the acquisition of such minor interest in or easement upon real property is consistent with District policy; and b) The cost does not exceed the General Manager's authority as provided in Section 5549(b) of the Public Resources Code and as approved by the Board of Directors from time to time; and c) The General Manager informs the Board of Directors of the action or proposed action within a reasonable period of time; or ...... I signed a Certificate of Acceptance on March 29, 1999 and a Gift Deed was recorded on April 6, 1999 for a 1/42 interest in the subject property (see attached map), based upon my determination that acceptance of this gift is in accordance with the above stated policy. The District previously received Gift Deeds of a 1/42 interest each in the property from Gen Graves on May 14, 1998, Clifford I. Arellano on July 15, 1998, and Georgette Y. Monaghan on July 30, 1998. The District's interest in the property is now 4/42. If and when the District is in a position to acquire a substantial interest in this property, staff will provide you with a full report on the use and management aspects of this property. 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,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz .General Manager:L.Craig Britton SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District (SA22) P4��o awl) LEXINGTON *'. r%"sr 0 4 t 01 � 1CO�R tsnza) oc t t.o2 N„` 1/42 INTEREST 00 d (KIRSCHBAUM) S y,NI ,.e = M.R.Q.S.U. 2800 Is • �v & d5 1 ' f Win ro,�y"�•ar "� erg� ar •"�'r ,.a ��^'�' "5. � «e �. �,3. �. Y,may ,�, ;zJv�-•' a T; 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1 0 " One Mile • ;K'G �" "1C,r .1 rr .hr °38' "'t�.j.}..�)" /,' w r Kin hha— 5/18/98 EXHIBIT A: PROPERTY LOCATION MAP Regional Open S,,--.,ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Intraoffice Memorandum April 1, 1999 To: Craig Britton, General Manager From: Paul McKowan, Volunteer Coordinator Subject: P.A.D.S. Dog Information Booth Fremont Older; Saturday, April 24; 1 1:00am —4:00pm Attachment: February 24 th letter to Dan Bernstein (P.A.D.S.) We received notice today that Peninsula Access for Dogs (P.A.D.S.) will be staffing a th dog information station at Fremont Older Open Space Preserve on Saturday, April 24 from 11:00 am to 4:00 pm. Their objective is to increase public awareness and educate visitors on the importance of regulation compliance (see attached letter). P.A.D.S. will send an activity report to the District following the event. I will forward you a copy of this report as soon as I receive it. Many trail enthusiasts will be out hiking and riding in celebration of CA Trail Days and Earth Day on April 24 th; therefore, it should be a great opportunity for members of P.A.D.S. to discuss the importance of dog regulation compliance with a great deal of visitors. Please let me know if you have any questions regarding this event. 330 Distel Circle * Los Altos, C-A 94022-1404 Phone: 050-091-1200 �119 FAX: 6,50-091-0485 * F-mail: mrosd @openspace.org Web site: www.open,,pa(-c.org Bomflot Oite(tor,:Pote siemer)"10,11V C. 1),mw,Wd Cyr, De,ine I ittle, Nonelte Kinko, tlet,� ( rowder, Kenneth C. Nit/ . Goner.fl Almi,�,Lwi Rniton Regional Open St- �ce February 24, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dan Bernstein P.A.D.S. P.O. Box 1236 El Granada, CA 94018 Subject: February 8, MROSD/PADS Meeting Dog Information Stations at District Preserves Dear Dan: Thank you and your group for meeting with us to discuss setting up dog information stations at District preserves. The District appreciates your assistance in increasing public awareness and educating visitors on the importance of regulation compliance. Listed below are a few of the highlights that we discussed at our February 8th meeting. I've reviewed these details with Senior Planner, Randy Anderson. Please contact me as soon as possible if you have any corrections or additions to these points. • Information booths will be staffed by a minimum of 2 and a maximum of 8 P.A.D.S. members • Targeted preserves include Windy Hill, Fremont Older, and St. Joseph's Hill • Targeted amount of information stations for this year is 4-6 • The District will issue a one-year information station permit that lists details and instructions • The permit will be issued directly to P.A.D.S. member and future Volunteer Trail Patrol member, Denise Williams (copy attached) • Following each information station, P.A.D.S. will send an activity report to the District • P.A.D.S. will meet with District staff later this summer to discuss the results of completed stations and other dog-related information • The District will provide P.A.D.S. with dog-information packets, preserve maps, lend-a-leashes, and visitor guides to be distributed at each information station In addition, the District will periodically provide you with a list of dog-related incidents and reports so that P.A.D.S. can assist us in addressing these problems. Thanks again for your help. Randy and I look forward to meeting with you this summer and discussing your experiences at these preserves. If you have any questions, please contact me at volunteer@openspace.org or (650) 691-1200. Sincerely, Paul McKowan Volunteer Coordinator Attachment cc: Randy Anderson Anne Macaulay Kathleen Hart Denise Williams 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 Regional Open ,' ice 1 1 April2, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mr. Lee Bowman, Planning Director Town of Los Gatos 110 E. Main Street P. O. Box 949 Los Gatos, CA 95031 Subject: Proposed Development of the Former Guadalupe College Property (DEV-98-001) Dear Lee: I would like to take this opportunity to express our interests and concerns regarding the proposed development of the Guadalupe College site located adjacent to Midpeninsula Regional Open Space District's St. Joseph's Hill Open Space Preserve. Although I recognize the project application is not complete and a formal review process is yet to get underway, I hope the following comments will assist in your evaluation of the proposed project. The proposed development project first came to our attention early in June 1997 when we met with Mr. McCarthy to discuss possible ways of balancing open space preservation with his economic interests. At this early stage, we stated our goal in preserving the most valuable open space resources along the upper ridge and the southerly side of the property and providing connecting trails between St. Joseph's Hill and Sierra Azul Open Space Preserves. The 170-acre St Joseph's Hill Open Space Preserve and adjacent 97-acre Open Space Easement was acquired for $3.7 million by the District and Town of Los Gatos in 1984. The long and difficult acquisition was accomplished through a joint powers agreement for the purpose of protecting valuable public open space and scenic and recreation lands in perpetuity. As a result of this investment, a major portion of St. Joseph's Hill was acquired and protected, but the Guadalupe College portion of it is now facing development. In order to ensure that the existing preserve is not seriously impacted by the proposed development, every effort should be made to protect the continuum of open space and scenic backdrop to the Town. Our specific concerns are as follows: Additional Density The proposed 6 lot subdivision exceeds current zoning regulations and existing density entitlements and should not be allowed unless there is substantial benefit to the environment and community. At a minimum, the benefit should include protecting the open space resources along the prominent ridge and requiring the dedication of permanent public open space. Under the current submittal, no portion of the property is proposed to be protected in a natural condition. A single-family residence and ancillary structures will be perched on the top of ridge and the southern slopes are susceptible to a variety of agricultural uses. In order to assess the visual impacts of the proposed residence, visual studies should be prepared that clearly show the potential impact from the Town and, equally important, from the adjacent and nearby public open space. 330 Distel Circle . Los Altos, CA 94022-1404 Phone:650-691-1200 FAV 650-691-0485 . E-mail: mrosdr+openspace.org Web site:www.openspace.org Board of Directors:Pete Siemen, Mary C. Davey,led Cyr, Deane Little, Nonette I lanko, Betsv Crowder, Kenneth C. Nitz .Gener,d Uina,�er I.Crain;Britton Mr. Lee Bowman April 2, 1999 Page 2 Potential Visual Impacts There are a number of aspects to the proposed project that may result in significant visual impacts, including the construction of structures on scenic ridges, grading and vegetation removal for a temporary demolition haul road, and vegetation removal associated with proposed agricultural use of the south facing slopes. The District is concerned about these visual impacts as they are viewed from adjacent public lands to the east and south sides of the project area. The County of Santa Clara and District manage thousands of acres of public recreation land with an extensive trail network that lie immediately adjacent to proposed development as well as around Lexington Reservoir and the north side of Limekiln Canyon. Development of Lot 5 will significantly impact the view from public trails on top of St. Joseph's Hill. Currently, a reforestation project is underway at the preserve's easterly boundary and once completed, public trail use will be reintroduced in this area. Large structures including a main residence, secondary dwelling unit and recreation facilities such as barns and gazebos will most certainly be located within 200 feet of the preserve boundary. These will dramatically alter the undeveloped nature of the landscape on the ridgetop as well as a quiet and serene feeling that trail users now experience. The proposed demolition haul road and agricultural use will impact the views from adjacent public trails located on Sierra Azul Open Space Preserve and county managed Lexington Reservoir Recreation Area. In addition, the south-facing slopes are visible from portions of State Highway 17. Reopening and realigning the overgrown road will result in major scaring on the undisturbed hillside. The steep slopes will require significant cut and fill slopes and major loss of mature vegetation which will be visible from great distances. In addition to the more obvious visual impacts, soil erosion and slope stability need to be closely examined, preferably as a part of an extensive engineering study. Although, this may be considered a temporary haul road, the resulting potential environmental damage may be significant and remain indefinitely. Loss of Oven Space The proposed project will encroach on one of the last remaining open space areas in the Town of Los Gatos. The District and Town of Los Gatos have gone to great efforts to preserve the western portion of St. Joseph's Hill, but the eastern portion in which this project is located is not protected. Development of the ridgetop and potential clearing of native vegetation on the south-facing slopes will in essence create a gap in what is now a continuos stretch of open space extending from Los Gatos Creek east to Blackberry Hill Road. This gap will also sever an important wildlife corridor unless the natural vegetation and valuable wildlife habitat that connects St. Joseph's Hill and Sierra Azul Open Space Preserve south of Limekiln Canyon can be preserved in its natural state. In an effort to protect this valuable open space and ensure it is preserved in a natural state,the Town should consider requiring public dedication of this open space area, as was required under the previous development proposal. As the project is currently defined, private use of the open space area will ultimately lead to the loss of critically important wildlife habitat, visual impacts relating to removal of vegetation and construction of agricultural roads and related structures, and increased erosion and turbidity in Lexington Reservoir. Mr. Lee Bowman April 2, 1999 Page 3 Loss of Regional and Subregional Trails The project area provides the last remaining opportunity to connect public trails at St. Joseph's Hill Open Space Preserve with a more expansive trail system at Sierra Azul Open Space Preserve. Although St. Joseph's Hill offers residents of Los Gatos desirable close-in trail experiences, it does not provide a link to the approximate 50 miles of trails located on the adjacent Sierra Azul Open Space Preserve. Currently, local residents access the larger trail system on the only available route which requires hikers,joggers, bicyclists and equestrians to negotiate a%mile section of Alma Bridge Road between Lexington dam and the trailhead into Sierra Azul Open Space Preserve. This road is extremely dangerous and there is not adequate space or suitable terrain on either side of the road for a trail. In looking at the relationship between the existing public trails on top of St. Joseph's Hill and the Limekiln and Priest Rock Trails on the Sierra Azul Open Space Preserve, a connecting trail through the project area is the most logical and ideal solution. This regional trail connection could easily be aligned on the southern half of the project area and not impact the proposed development. Some portions of the overgrown road on the south-facing slope could be used for this trail without the need for grading or vegetation removal, since the trail's width would only range from four to six feet. The District urges the Town of Los Gatos to require the project applicants to incorporate this regional trail connection into the project. The trail would be consistent with the Town of Los Gatos' Trails Plan and, although it may not be constructed in the near future, it would preserve the trail corridor for future placement and serve future generations of trail users. If not acquired, the Town may be losing the last opportunity to provide direct off-road, non-motorized trail access to Sierra Azul Open Space Preserve. Summary I believe an extensive environmental review(EIR)will be necessary to adequately address the District's concerns regarding potential negative impacts on the open space resources in the project area and surrounding public lands. As the project is currently proposed, it will result in obtrusive structures on a prominent ridgeline adjacent to public open space and a significant loss of valuable open space resources identified in the Hillside Specific Plan; it will also strip natural vegetation from an existing wildlife area and sever public trail opportunities. I hope this information will be useful and I look forward to working with the Town in helping to resolve these issues and concerns. Sincerely, L. Craig Britton General Manager cc: MROSD Board of Directors David Knapp, Town Manager Pete Siemens ST. JOSEPH 'S HILL AND SIERRA AZUL OPEN SPACE PRESERVES Midpeninsula Regional Open Space District .••''� ST. JOSEPH-SHILL OPEN SPACE.P-RESERVE (SA241 o" 0.5 PROJECT�AREA 4.1 st.. 0.2��`a o. ��ephs 0.2 0.2 O HI o.z 0.1 PROPOSED REGIONAL/ 17 0 9 0.2 ® TRAIL CONNECTION � c os ac 03) (SA22) _--- hT U�SIERRA AZ z000 tsAzn LEXINGTONPriPs� OPEN SPACE PRESERVE f, o 2200 tiCOUNT,Y ISA23) 1.0 dock u > 2400 PARK Trei/ �Srail` z4o0 o priest, 2600 41 ce dam% 1.6 .D m ee �� 2800 . �Isazo) S�Qrd�. \ 3.0 A� r 1 1800 2000 2400 / 2400 �— ... 1600 \l \ �(5A19) 0.0 .1 .2 .3 .4 .S .6 .7 .8 .9 1.0 2600 \ One Mile EXHIBIT A: LOCATION MAP 4/99 Regional Open *ce del1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 31, 1999 This letter also was sent to: Paul Frandsen Mr. Pat O'Brien, General Manager Riverside County Regional Park&Open Space East Bay Regional Park District Joseph Donofrio 2950 Peralta Oaks Court Monterey Peninsula Regional Park District P.O. Box 5381 FranBrigmann Oakland, CA 94605 Marin County Open Space District Dear Pat: The Midpeninsula Regional Open Space District is sponsoring AB 1578, authored by Assemblyman Jim Cunneen. This bill will make some minor changes and needed corrections in Public Resources Code Section 5500. Since your agency, like ours, was formed under this section of the Public Resources Code, I wanted to inform you of some of the details of the bill, and its intent. For your information I have attached a fact sheet which outlines the three areas that this legislation will address. Also attached is a first-draft copy of the bill. First, AB 1578 will amend section 5540 to allow the Midpeninsula Regional Open Space District to exchange up to 40 acres per year, instead of the current limit of 10 acres. Such exchanges are already governed by existing law which provides that a board of directors may, by unanimous vote, determine that a desired property is of equal value to the property being exchanged and is necessary for the district's park or open space purposes. East Bay Regional Park District already has the 40-acre exception in the law, and this bill would extend that exception to Midpeninsula. It is feasible to add other agencies to this bill in order to provide for the increase in the number of acres which may be exchanged. If your agency is interested in being included in this section,please let me know as soon as possible. The second area affected by AB 1578 is section 5546. Existing law allows a park or open space district to contribute funds to the California State Park Commission,or to any municipality, county, or other public corporation for purposes relating to acquisition or management of parks or open space lands. AB 1578 will provide the ability for a district to additionally contribute funds to specified types of private nonprofit entities for the same purposes. Your agency may find this change to be beneficial as the valuable role of private nonprofit land conservation agencies continues to expand. Finally, sections 5558 and 5561 contain some inconsistencies with the State Penal Code in reference to a district's employment of a "suitable police force." The Penal Code does not define "police force" or delineate its powers. The Public Resources Code states that the district "police force" shall have "ail the powers of police officers of municipal corporations" but fails to define a municipal police officer's powers, while there is a wide variety of Government and Penal Code Sections under which these powers may fall. 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 T' Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nanette Hanko, Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig;Britton March 31, 1999 Mr. Pat O'Brien Page -2- In order to resolve these ambiguities and make the relevant sections consistent,this bill will replace references to "police officers" with "peace officers," and will define their powers as being provided for via Penal Code Sections 830.1 and 830.31(b). These changes will also ensure that a district board of directors has the authority and discretion to determine the appropriate class of its peace officers and to determine the scope,terms, and conditions of its peace officers authority. Please see the attached for more details on the proposed language contained in AB 1578. Additionally, I will be happy to answer any questions you may have regarding this bill, so feel free to call me. Si cerel L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors Ralph Heim Enclosures: AB 1578 Fact Sheet Text of AB 1578 Regional Open , ice 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 31, 1999 Honorable Byron Sher Member, California State Senate Room 2082, State Capitol P.O. Box 942848 Sacramento, CA 94248-0001 Dear Senator Sher: As you are likely aware, the Midpeninsula Regional Open Space District recently approved an agreement with the Arlie Land and Cattle Company for a lease and purchase option for the former Alma College property in the Los Gatos hills. The agreement gives the District the option to purchase the entire 1,100-acre property at a cost of$25 million. The District also has the right to purchase logging rights from Big Creek Timber for an additional $5.2 million, resulting in a total land acquisition price of$30.2 million. If acquired,these lands will connect with thousands of acres of already-preserved open space, in close proximity to urbanized Santa Clara County. Ultimately, such an acquisition will greatly enhance the public recreational opportunities in this region. The acquisition of this property as a State Park was funded in 1979 and again in 1981,but purchase negotiations with the owner were unsuccessful. Then, in 1991, the State of California performed a feasibility study and recommended this site as a possible regional park or preserve, concluding that its preservation would be of great public value and benefit and that a local agency such as the District is the appropriate entity to take the lead in acquisition efforts. The study also suggested that State grants could be made available to assist with the acquisition cost. The District has made an initial investment of$10.5 million which must be augmented by nearly $20 million in funds from other agencies or nonprofits in order to realize the permanent protection of this threatened open space land. A portion of the property is currently undergoing development studies for a proposed subdivision, making the acquisition of the entire property a very high priority. Failure to obtain the necessary funds will mean that the entire transaction could fail, leaving the public with the prospect of development,timber harvest, and the loss of this valuable open space for future generations. I am writing to urge you to include in the upcoming budget State funding for this project in the amount of$5 million. This grant contribution would not only provide a much-needed funding augmentation toward acquisition of the entire property, but would also serve as an example to the various nonprofit entities from which the District is seeking additional funds for full acquisition. Such participation will visibly illustrate the State's commitment to public open space and park preservation, will highlight the State as the key contributor leading the way to formation of the region's newest open space preserve, and will follow up on the 1991 State study which supported State grant funding toward the acquisition. 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,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz . Genera!Manager:L.Craig Britton March 31, 1999 Honorable Byron Sher Page -2- Thank you for your continuing support of the Midpeninsula Regional Open Space District and your commitment to land conservation and increased public recreational opportunities. I hope that you are able to support our efforts in ensuring that this future open space preserve is saved in its entirety for future generations to enjoy. i anc e r� L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors Ralph Heim Regional Open Ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 31, 1999 Honorable Jim Cunneen Member, California State Assembly Room 2174, State Capitol P.O. Box 94249 Sacramento, CA 94249-0001 Dear Assemblyman Cunneen: As you are likely aware, the Midpeninsula Regional Open Space District recently approved an agreement with the Arlie Land and Cattle Company for a lease and purchase option for the former Alma College property in the Los Gatos hills. The agreement gives the District the option to purchase the entire 1,100-acre property at a cost of$25 million. The District also has the right to purchase logging rights from Big Creek Timber for an additional $5.2 million, resulting in a total land acquisition price of$30.2 million. If acquired, these lands will connect with thousands of acres of already-preserved open space, in close proximity to urbanized Santa Clara County. Ultimately, such an acquisition will greatly enhance the public recreational opportunities in this region. The acquisition of this property as a State Park was funded in 1979 and again in 1981, but purchase negotiations with the owner were unsuccessful. Then, in 1991, the State of California performed a feasibility study and recommended this site as a possible regional park or preserve, concluding that its preservation would be of great public value and benefit and that a local agency such as the District is the appropriate entity to take the lead in acquisition efforts. The study also suggested that State grants could be made available to assist with the acquisition cost. The District has made an initial investment of$10.5 million which must be augmented by nearly $20 million in funds from other agencies or nonprofits in order to realize the permanent protection of this threatened open space land. A portion of the property is currently undergoing development studies for a proposed subdivision, making the acquisition of the entire property a very high priority. Failure to obtain the necessary funds will mean that the entire transaction could fail, leaving the public with the prospect of development, timber harvest, and the loss of this valuable open space for future generations. I am writing to urge you to include in the upcoming budget State funding for this project in the amount of$5 million. This grant contribution would not only provide a much-needed funding augmentation toward acquisition of the entire property, but would also serve as an example to the various nonprofit entities from which the District is seeking additional funds for full acquisition. Such participation will visibly illustrate the State's commitment to public open space and park preservation,will highlight the State as the key contributor leading the way to formation of the region's newest open space preserve, and will follow up on the 1991 State study which supported State grant funding toward the acquisition. 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 Nanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton i March 31, 1999 Honorable Jim Cunneen Page -2- Thank you for your continuing support of the Midpeninsula Regional Open Space District and your commitment to land conservation and increased public recreational opportunities. I hope that you are able to support our efforts in ensuring that this future open space preserve is saved in its entirety for future generations to enjoy. I er , L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors Ralph Heim Regional Open Ace s 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 30, 1999 Arlie Land and Cattle Company 722 Country Club Road Eugene, OR 97401 Attn: John Musumeci, Land Acquisitions Director Dear People: This letter constitutes written notice, pursuant to Section 2.4.1. of the Agreement for Option and Purchase of Real Property entered into between Arlie Land and Cattle Company and the Midpeninsula Regional Open Space District (MROSD) on March 10, 1999, that the District has elected to extend its Initial Lower Property Option Term to 11:59 p.m. Pacific Time on June 30, 1999 ("the Extended Lower Property Option Term"). Enclosed is the required Option Extension Fee, payable to Seller in the form of District Check number 28084 in the amount of$250,000. The Board of Directors of the MROSD authorized this extension at its meeting of March 24, 1999. Accordingly, the Term of the District's Lower Property Option has now been extended to 11:59 p.m. Pacific time on June 30, 1999. Very trul yours, L. Craig Britton General Manager cc: MROSD Board of Directors Louis Acosta Scott Rogers, Esq. Susan Schectman, Esq. Robin Kennedy, Esq. 4 330 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 Announcing THE BAY AREA OPEN SPACE COUNCIL'S SECOND ANNUAL SPRING CONFERENCE KNOCKING ON OPPORTUNITY'S DOOR: SAVING LAND IN THE SAN FRANCISCO BAY AREA a one-day conference for policy makers and professional open space managers The Presidio's Golden Gate Club Friday, May 14, 9:30 am to 4:30 pm Al �. ___ ;��gglBlnnallqll - .' ati�M! r. Conference Highlights ♦ Get the inside political view from key legislators and organizations involved in state and federal open space funding measures. ♦ Learn how Bay Area organizations are using and managing conservation easements. ♦ Learn how ranchette development and certificates of compliance are affecting open space protection. ♦ Hear leading park and open space managers describe current efforts to secure and manage open space lands in the Bay Area. ♦ Participate in actions to support open space funding measures. The Conference Is Free. And So Is the Lunch! Space is limited, so PLEASE REGISTER by May 1st. Please use one form per person. Name: Phone: Affiliation: Address: Fax: E-mail: E-mail registration information to guenzler@uclink4.berkeley.edu, or mail to BAOSC, 605 Spruce St., Dixon, CA 95620. Questions? Call Darla Guenzler at 707-678-4388. i THE BAY AREA OPEN SPACE COUNCIL 530 Bush Street, Room 303 San Francisco,CA 94108 Santa Clara County Ity pen SpaceAuthori Board Members DATE: MARCH 22, 1999 Richard Forst Director,District 5 Chairperson BAY AREA OPEN SPACE COUNCIL Director, District 7 Vice-Chairperso" Johne Baird SUBJECT: Recruitment of GENERAL MANAGER- Director,District I Santa Clara County OPEN SPACE AUTHORITY Bol,,McGuire Director,District 2 The Santa Clara County Open Space Authority is currently recruiting for Clvsta E,Seney the position of General Manager. I will be retiring in July of this year and Director,District 3 the recruitment is underway for my replacement. Garnetta J.Annable Director,District 4 Enclosed is a brochure describing the General Manager position and the Clark Sraith attributes we are looking for. Director,District 6 General Manager If you would like additional information about the position or know of Larry R-Coons anyone who might be interested in the position, please 'feel free to contact us at (408) 224-7476 or info @openspaceauthority.org. We will be happy to forward information to others who may be interested. We appreciate any assistance you can us in getting the word out about our position. Yours truly, C Larry �.�Coons General Manager Encl. MAR 42 5 't'j!i4 Santa Teresa Center 6146 Camino Verde Drive,Suite P 0 San Jose,Califomia 95119-1460 * 408-224-7476 * Fax 408-224-7548 Email- infogopenspaceauthority.org SANTA CLARA COUNTY EMPLOYMENT OPPORTUNITY OPEN SPACE AUTHORITY Capping years of work by residents and public officials in VOL- Santa Clara County, the Authority was created in 1993. This was followed by election of a governing body and approval of .t an advisory ballot measure by voters in June 1994. Governed by an elected seven-member board,funding comes from a . benefit assessment on developed property within the 4sr Authority's boundaries;these boundaries include the cities of Campbell, Milpitas, Morgan Hill, Santa Clara, and San Jose, as well as unincorporated areas of the County not within the Midpeninsula Regional Open Space District. �,, r��i i' °• The period from 1994 to present has been devoted to successfully concluding a legal test of the assessment, developing a five year plan,establishing priorities for the acquisition program and evaluation of properties offered by Santa Clara County willing sellers. MISSION: To preserve,protect and manage, for the use and Open Space Authority enjoyment of all people, a well-balanced system of urban and invites applications non-urban areas of outstanding scenic, recreational and agricultural importance. for the position of PURPOSES: Preservation of Open Space and creation of greenbelts between communities,lands on the valley floor, hillsides, viewsheds, and watersheds, baylands, and riparian GENERAL MANAGER corridors,are immediate high priorities.These are needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the County-and to encourage outdoor recreation and continuing agricultural $74,528 - $84,032 Annually activities. Other purposes include development and implementation of Performance Adjustments Available land management policies that provide proper care of open Up to $94,536 Annually space lands, allow public access appropriate to the nature of the land for recreation,and are consistent with ecological values and compatible with agricultural uses. An Equal Opportunity Employer THE POSIDQN APPLICATION REQUIREMENTS Under broad policy direction of a seven member Board of Directors, To be considered for this career opportunity,submit a resume that the General Manager of the Santa Clara County Open Space clearly addresses your experience and job titles,names and addresses Authority assumes full management responsibility for the of employers,periods of employment and education relevant to the activities and operations of a comprehensive open space acquisition qualifications and current salary. In addition to your resume,please management program. Given the scope of its operations, the critical submit a written response to the following: need in this position focuses on managerial skills.The new General Manager may come from a wide variety of professional disciplines; A concise description of your experience in the following areas: however,she/he must have a proven track record as a manager of budget and finance management;complex real property and people and other resources. capital acquisition programs and projects;negotiating; supervision and human resource management; Critical knowledge, skills and abilities required of this position community/government/media relations; fund raising and include: comprehensive management and leadership skills to deal working with Board of Directors. effectively with a wide variety of administrative, budgetary, and Why do you feel you are uniquely qualified for this position? operational issues; ability to establish, monitor and evaluate the effectiveness of Authority methods and procedures,identifying Your resume and supplemental response to the above,must be opportunities for improvement and directing the implementation of submitted to: changes;skill at seeking opportunities for fund development including grants,bonds,community outreach and other external Santa Clara County Open Space Authority forms of income that will supplement the Authority's assessment 6146 Camino Verde Drive,Suite P revenue;working knowledge of acquisition programs and San Jose,CA 95119 conservation easements;an administrative background which Phone: (408)224-7476 FAX: (408)224-7548 includes budgetary and grant funding responsibility in the E.Mail Address: info@openspaceauthority.org operational and land acquisition aspects of a parks and open space program,or a related field;knowledge of current real property AJ!PLICATION FILING J!ERJOD acquisition issues and techniques and CEQA guidelines;proactive Issued: March 22, 1999. It is anticipated the filing period win close skills in negotiating,mediating, and cooperative problem solving; April 16, 1999 if a sufficient number of qualified applications have and excellent oral and written communication skills to interact and been received. Initial interviews are tentatively scheduled for maintain effective working relationships with Board members, early May, 1999. other county agencies,public and private organizations,and community groups or citizens. SELECTION PROCESS The selection process will consist of a review of each applicant's Typically, a candidate would possess the equivalent of a Bachelor's qualifications.The resume and supplemental response will be used degree from an accredited college or university with major course to obtain information concerning an applicant's qualifications in so work in park administration,natural resources management, far as specific or desired requirements for this position are business administration, public administration, landscape concerned. The information will be evaluated as part of the architecture, environmental studies or a related field AND a screening process to determine which applicants are invited to minimum of five years of increasingly responsible managerial and participate in subsequent oral interviews. administrative experience which included responsibility for organizing,directing,planning,budgeting,negotiating,formulating SALARY&BENEFITS policy and evaluating programs and staff. Salary (based on qualifications) and benefits to be negotiated prior to hire. Possession of a valid California driver's license and a satisfactory driving record is also required. SANTA CLARA COUNTY EMPLOYMENT OPPORTUNITY OPEN SPACE AUTHORITY Capping years of work by residents and public officials in Santa Clara County, the Authority was created in 1993. This was followed by election of a governing body and approval of t , an advisory ballot measure by voters in June 1994. Governed by an elected seven-member board,funding comes from a benefit assessment on developed property within the too," Authority's boundaries; these boundaries include the cities of Campbell, Milpitas, Morgan Hill,Santa Clara, and San Jose, as j♦ well as unincorporated areas of the County not within the Midpeninsula Regional Open Space District. ;. �,•- :� • j' e. The period from 1994 to present has been devoted to successfully concluding a legal test of the assessment, developing a five year plan,establishing priorities for the acquisition program and evaluation of properties offered by willing sellers. Santa Clara County MISSION: To preserve,protect and manage, for the use and Open Space Authority enjoyment of all people, a well-balanced system of urban and non-urban areas of outstanding scenic,recreational and invites applications agricultural importance. for the position of PURPOSES: Preservation of Open Space and creation of greenbelts between communities,lands on the valley floor, hillsides, viewsheds, and watersheds,baylands, and riparian GENERAL MANAGER corridors,are immediate high priorities. These are needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the County and to encourage outdoor recreation and continuing agricultural $74,528 -$84,032 Annually y Other purposes include development and implementation of Performance Adjustments Available land management policies that provide proper care of open Up to $94,536 Annually space lands, allow public access appropriate to the nature of the land for recreation, and are consistent with ecological values and compatible with agricultural uses. An Equal Opportunity Employer Regional Open S,_ ice 1 March 29, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Users of Portola Park Heights Road: On March 13, 1999 the attached letter was sent to the District office. Since a partial return address was listed and the signature is unclear, I am addressing this letter to all property owners who may have access rights on Portola Park Heights Road. Hopefully, this response will not only reach the sender, but also inform all residents of the current status of the electric gate at the junction with Skyline Boulevard and Portola Park Heights Road. In 1996, the District's Board of Directors agreed to a cooperative project to install an electric gate to replace the current manually operated gate. The electric gate location was to be further inside the preserve, next to the existing Bay Area Ridge Trail crossing. The District agreed to participate with a contribution of up to $10,000. About $6,000 has been spent to date to bring the conduit under Skyline Boulevard and obtain the necessary permits from CalTrans and Pacific Gas and Electric Company. The District has completed the undergrounding project which enables an electric gate to be built. Following a number of letters with conflicting information from numerous residents, on August 14, 1998, Craig Britton, District General Manager, sent a letter to the current road committee members (Linda Huntimer, Mike Markum, and Margaret MacNiven) and to Cliff Jenkins, requesting assistance in addressing some of the outstanding issues. A copy of Mr. Britton's letter was sent to all residents at that time. It requested assistance from the road committee to either serve as a community liaison on this issue or help to form a three-person committee representing the community which could participate in resolving some of the issues. In addition, the District's position on these issues was outlined in the letter. We did not hear back from the road committee. At about the same time, a lawsuit was filed against the District by several individuals in the community. We could not pursue resolution of the outstanding issues since several of the issues were part of the litigation. At this point, the Board has approved the location of the electric gate on the inside edge of the Bay Area Ridge Trail crossing, and has agreed to contribute any remaining funds from the$10,000 appropriation to the community for electric gate construction in the approved location. We have also previously asked the community to select a three-person representative committee to work with District staff. Please understand, however, that the pending litigation may affect the District's ability to resolve these issues as expeditiously as we would like. Sincerely, `Ted Cyr, President Board of Directors Cc: MROSD Board of Directors L. Craig Britton 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail: mrosdreopenspace.org Web site:www.openspace.org (loan/of Oire°ctoes:Pete Siemens,Mary C. Da%cry,Jed Cyr,Deane Little, Nonet(e Nanko,Betsc Crowder, Kenneth C. Nitz . General Manager:L.Craig Britton RESPONSE ACTION PROPOSED B 1 Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary 22400 SKYLINE BLVD LA HONDA CA 94020 Mar 13, 1999 To Craig Britton and the Board of Directors of M.R.O.S.D. We have had an extremely dangerous situation on Portola Heights Road ever since the Bay Area Ridge Trail was opened several years ago. At the time of negotiations over the trail, a great majority of property owners requested M.R.O.S.D. to be responsible for the installation of the double gate and for the community to pay for electrification, but we were denied. Without any concern for the thoughts of others, one resident has decided to put up a single gate on Portola Heights Road at Skyline Blvd. which allows hikers, bicycles and equestrians to enter the community on our dangerous, steep, single lane, winding (sometimes icy)road. Just a couple of people are insisting that we leave the gate where they put it and they are the SAME residents who sabotaged the last gate project. This trail has already caused much dissent among our community. Please do the right hung, take over the project and insist on a double gate to block the trail as we agreed MAR 5 1999 Regional Open SAce i 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 26, 1999 Mr. Keith White 18650 Overlook Road Los Gatos, CA 95030 Dear Mr. White: Thank you for your letter of March 1, 1999 concerning how District trail use decisions are made. Prior to addressing the specific points of your letter, I would like to provide you with some general information about the Open Space District to clarify our function. The District's mission is to "acquire and preserve a regional greenbelt of open space land in perpetuity; protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education." Our first responsibility is to the protection and restoration of the natural resources of the lands we manage. Public access is provided when it can be accomplished in an ecologically sensitive manner. In providing public access, we strive to balance and accommodate the interests of a wide variety of user groups and constituents. We try to create an interesting trail system on our preserves by augmenting any acceptable existing dirt road system which pre-dates the District's ownership with narrower trails. Based upon feedback collected over the years from preserve users, I agree with you that hikers, equestrians and mountain bicyclists all prefer the narrower trails to the wider patrol roads. However, the wider patrol road system is necessary for the management of the preserves for patrol, emergency access, and maintenance uses. The District has a maximum speed limit of 15 miles per hour on all trails, and 5 miles per hour when passing others, regardless of the terrain. The speed at which one travels should always be within the control of the trail user. The individual trail users are responsible for keeping their speed within their control and within the posted speed limit. The last issue you address has to do with the reasons for closing the "Moody" Trail in the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. The District's;Board of Directors confirmed the closure of the trail at their August 13, 1997 regular meeting. The primary reason for closure of the trail was the severely roded condition of the trail. Also, braking at a steep angle can contribute to erosio16. Recognizing that it was a popular route, staff originally investigated ways to correct the erosion problems. However, the trail layout was such that the necessary drainage features could not be installed in the trail's current location. Staff also investigated realigning portions of the 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 trail, but the costs were prohibitive. The decision to close the trail to all use was due to extreme erosion conditions which were made worse by use as a trail. I am attaching a copy of the August, 1997 staff report for your information. Thank you again for your interest in this matter. Sincerely, Jed C r, President Board of Directors JC/mdb cc: MROSD Board of Directors Page 2 Regional Open 5, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 26, 1999 William H. Smith 26479 Greythorne Trail Farmington Hills, MI 48334 Dear Mr. Smith: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District I would like to thank you for your very generous donation to open space. Your generosity and commitment to the goals and activities of the Open Space District are very much appreciated. Thanks to your$10,000 contribution, improvements will be made to the District's Black Mountain backpack camp in Monte Bello Open Space Preserve. These improvements, which are underway and expected to be completed this spring, will benefit not only today's visitors, but those of future generations of visitors as well. Your donation provides the District with the opportunity to make much-needed enhancements to the backpack camp, and to acknowledge the cultural history of the site and the significance of Mr. George Morell's original gift of the land to Stanford University. Again,thank you for your generosity and for your continuing support of the Open Space District. As a small token of the District's appreciation, I am enclosing a framed photograph of Monte Bello Open Space Preserve. Your action is a shining illustration of the kind of cooperative public/private efforts that are necessary to maximize open space land preservation,protection of natural resources, and provision of low-intensity public recreational improvements. Sincerely, Qej Jed Cyr President, Board of Directors JC/mcs cc: MROSD Board of Directors 330 Distel Circle . Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nanette Hanko, Betsy Crowder,Kenneth C. Nitz •General Manager.L.Craig Britton Regional Open . . ice 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: J. Escobar, Operations M ger lf FROM: C. Britton, Gm er ai Mana r DATE: March 29, 1999 SUBJECT: Arlie Land& Cattle Company Property(New Bear Creek Redwoods Open Space Preserve) The documents for the subject transaction were recorded on March 16, 1999 and the lease-hold interest and possession of this 811 acre area of the property passed to the District. Since this transaction is a lease-option and fee title to this property may not be forthcoming for up to 5 years, no public access is anticipated. However, I have conferred with P. McKowan about the possibility of the neighbors in the area and the horse owners at the adjacent stable being enlisted to help patrol the property. Also, the caretaker on the adjacent 260 acre property is John Bobb, under the employ of Arlie Land& Cattle Company, his telephone number is (408) 399-9923 and pager number is (888) 788-4312. 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 March 14, 1999. District rights in the property flow from the lease, copy attached. If there are any questions about this transaction, or any of the agreements, please forward them to me or Sue Schectman. DEDICATION CHART INFORMATION Dedication Board status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Bear Creek Redwoods Arlie Land 3/14/99 3/16/99 n/s 811 n/a Lease Option &Cattle Co. cc: Board of Directors D. Dolan Accounting Planning File A:lBew Creek\Arlie Land Closing Memo.wpd 330 Distel Circle . Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosdtropenspace.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