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Home My Public Portal About19990428 - Agendas Packet - Board of Directors (BOD) - 99-11 Regional Open SSce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-11 NOTICE OF SPECIAL MEETING BOARD OF DIRECTORS AMENDED SPECIAL MEETING AGENDA 7:15 P.M. 330 Distel Circle Wednesday, April 28, 1999 Los Altos, California ****Please Note**** 7:15 p.m. Special Meeting Start Time The President of the Board of Directors of the Midpeninsula Regional Open Space District has called a special meeting of the Board for the purpose of considering Special Meeting Public Session Agenda Item 1. This notice is an amendment to the previously scheduled and noticed Special Meeting Agenda. The Special Meeting Closed Session will begin at 6:00 p.m. At 7:15 p.m., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Public Meeting, and convene the Special Meeting Public Session. At 7:30 p.m., the board will adjourn the Special Meeting Public Session, and convene the Regular Public Meeting. Special Meeting Public Session Agenda Item 1. Designation of District Director(s)to Submit an Application to Serve on the County of Santa Clara Community Resource Group (CRG) for the Stanford University Community Plan and General Use Permit 3:30 Distel Circle * Los Altos, CA 94022-1404 e Phone:650 691-1200 FAX: 650-691-0485 s F-mail: mrosdilopenspace.org + Web site:www.openspace.org Board o1 Directors Pete Siemens,Mary C. Davey,Jed Cyr,Deane.Little, Nonette Iianko, Belly Crowder, Kenneth C.Nit/ «General Manager.L.t:rai,r;Brilton Regional Open Sh_ee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-67 Meeting 99-11 April 28, 1999 SPECIAL AGENDA ITEM I SPECIAL AGENDA ITEM Designation of District Director(s)to Submit an Application to Serve on the County of Santa Clara Community Resource Group (CRG)for Stanford University Community Plan and General Use Permit GENERAL MANAGER'S RECOMMENDATIO Designate one or more District Director(s)to Submit an Application to Serve on the County of Santa Clara Community Resource Group (CRG) for the Stanford University Community Plan and General Use Permit DISCUSSION The County of Santa Clara is recruiting members to serve on the Community Resource Group(CRG)for the Stanford University Community Plan and General Use Permit. This is a group of 12-16 individuals that will inform County staff on the technical issues and community concerns involved in planning for future development at Stanford. CRG input will be considered by County staff in making recommendations to the Planning Commission and Board of Supervisors on the Community Plan and General Use Permit. Discussions with the CRG are meant to ensure that county staff hears first-hand the opinions and concerns of the community associated with the Community Plan/General Use Permit proposal,and are not intended to be representative of a specific interest group or agency. Representatives of interest groups or agencies such as the District,however, are encouraged to apply,due to their knowledge base of the area in question. It is anticipated that there will be up to ten CRG meetings of approximately two hours each,with times and locations to be determined after the group has been selected,taking place between November 1999 and November 2000. Applications must be submitted to the County by 5 p.m. on Friday, April 30, 1999. Prepared by: Peggy Coats, Senior Analyst 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 9 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton 04/26/99 MON 11:54 FAX 408 280 -1 8 S.JOSEPA SIMITIAN zoo3 COUNTY OF SANTA CLARA APPLICATION FOR COMMUNITY RESOURCE GROUP Please submit to Sarah Jones, Planning Office, at 70 West Hedding Street E. Wing 7th Floor, San Jose, California 95110. You may use additional pages if needed. If you have any questions please call 299-2454 x226. NAME: ADDRESS: PHONE (W): (H): EMAIL: OCCUPATION: EDUCATION: Why do you want to become a membeuof the Community Resource Group? What are your qualifications for serving on the Community Resource Group?. Are there any special interests or activities that you wish to bring to the attention of staff? 04/26/99 MON 11:55 FAX 408 280 "418 S.JOSEPH SIMITIAN Z004 Would you be able to attend approximately ten Community Resource Group meetings? (please indicate if day or evening meetings would be more convenient) This space is provided for any additional information you may have about yourself or membership on the Community Resource Group. Please list three references: 1. Name Address Phone# 2. Name Address Phone# 3. Name Address Phone# 4-27-99 07: 54 SUNNYVALE ID=4085728296 P• 02 i t"d e r n ew i r Kur w try .cv Regional Open space MIDPENINSUTA REGIONAL OPEN SPACE(NSTRIC? i Meeting 99-11 NOTICE OF SPECIAL.NWET2iO BOARD OF DIRECTORS AMENDED SPECIAL MEETT11iG AGENDA 7:15 P.M. 330 Distal Circle Wednesday,April 29. 1999 Los Altos,j Califonua ftn"PIC23e Not!**** ?:15 p.m, Special Meeting Start Time The President of the Board of Directors of the Nfiidpeninsuta Regional Open,Space District has called a special meeting of the Board for the purpose of considering Special Meeting Public Session Agenda item 1. Thic notice is an amendment to the previously scheduled and noticed Special Meeting Agenda. The Special Meeting Closed Session will begin at 6:00 p.m. At 7.15 p.m.,the Board will adjourn the Special Meeting Closed Session to the conclusion of the RegulaT Public Meeting, and converse the Special Meeting Public Session. At 7:30 p.m.,the,board will adjourn the Special Meeting Public Session,and convene the Regular Public Meeting. Special Meetsag Public Session Agenda Item 1. Designation of District Director(s)to Submit an Application to Serve on the Comity of Santa Clara Community Resource Group(CRG)for the St"University Commun.4y Plan and General Use Permit r I 330 DigelOrCIE . snAltos,C'%94022•1404 . Phone:650-691.1200 FAX 65U•691.0465 •E-maim v+g •Web sit%?:w., N,�yenva:e.vrq �_. cn.,,n 75tec:on,Pciv sic..nrm.Mary C.Odv;:Y,ird t.vr.FJtane Little,NCMffv►tan,v."%v Crowkxr.K,"**1.t. rvry .r,►nr.►)n�u�wc+. Cram urieon 04/26/99 MON 11:54 FAX 408 280 "418 S.JOSEPH SIMITIAN Z002 County of Santa Clara J- Flivironniental Re-MrceS Agency Planning Offi( (-1 11 try Govenimeni Crna,r,Last Wmg, 7th FI(x)i 7k) I Icddirill sitett Lks It 1 7(-)7, 199-24:,4 FAX 27S)-2i.-,,17 April 1, 1999 Subject:Community Resource Group Application Thank you for your interest in the Community Resource Group(CRG)for the Stanford University Community Plan and General Use Permit. The CRG is a group of 12-16 individuals that will inform staff on the technical issues and community concerns involved in planning for future development at Stanford. CRG input will be considered by staff in making recommendations to the Planning Commission and Board of Supervisors on the Community Plan and General Use Permit. CRG members are not meant to be representative of a specific interest group or agency, but instead are to reflect the broader concerns that are germane to their knowledge base. Input from CRG members should be drawn from their individual knowledge and is not meant to be the official position of a group which they represent. Discussions with the CRG are meant to ensure that staff hears first-hand the opinions and concerns of the community associated with the Community Plan/General Use Permit proposal. The CRG will not be take votes and will not be asked to reach consensus on issues. Meetings will be conducted by a professional facilitator and will be open to the public. Staff anticipates that there will be up to ten CRG meetings of approximately two hours, with tin-Les and locations to be determined after the group has been selected for maximum convenience. Approximately six of the meetings will occur between November 1999 and July 2000 during County review of the Community Plan and General Use Permit,with other meetings taking place prior to November 1999 or between July and November 2000. Interested individuals should complete the attached application form,using additional pages if needed.More than one individual from a specific interest group or organization may apply. Staff wilt select CRG members in consultation with Supervisor Joe Simitian's office. Applications must be submitted by 5 p.m.on April 30,1999. Applications and/or any additional questions should be addressed to: Sarah Jones,Planner Cotuity of Santa Clara Flaming Office 70 W.Bedding St.,E. Wing 7h Floor San Jose,CA 95110 email:sarahjones@qmgatc>.phi.co.scl.ca.us Phone: (408)299-2454 x226 Fax: (408)2'79-8537 13(mid I- Dof w1d I. 6,)ge, 84i,la-A county F.vt-cijtivr:Riotar(t wmcni-x-rp, APRIL 24,1999 THE INDEPF Real - I the growth limiting initiative that was approved severalyears Get Ready to ago, there is going to be a potential avalanche o f applicants descending on the �� two building departments for the limited number of permits. ' With so many people being forced to sit on their BY STEVEN LAYMAN have to deal with either the undeveloped land for 10 years In most communities, the City of Half Moon Bay or San and so few permits (225-250 per completion of a sewer plant Mateo County Building year) to go around, there will be addition would not be front Department. Here's a summary many unhappy land owners. Fin page news. Well it is here and of what everybody is saying. For sure the building departments for good reason. For almost 10 the specifics regarding your are going to hear some creative years, many peoples' plans have property,contact them directly. reasons why people need their been put on hold because of our San Mateo County Building permit this year. long mora[Oriffln, And Department, which has And then you can expect the at considerable expense too. jurisdiction over parts of Half anti-growth forces will try every The good news is that the Moon Bay and the remainder of conceivable reason to delay the moratorium is coming to an issuance of permits. Maybe we'll i end. It is really true that the the Coastside, is allowing people to apply for a building hear that last year's El N11-10 sewer plant will be finished in permit now. They will not, forced our endangered red frog Maich. Ttic big question on to migrate to every vacant lot oil most property 1� however, issue any permits the Coast, thereby making them y owners minds Ids is Until the plant is completed. when can ilvey get permits to unbuilclable because their new Their procedure for issuing develop their land. There was a permits is on a first-come, first- habitat is being destroyed. tear that this too would become serve basis. This is one of those cases a political issue and that there Both Montara and Granada where you need to be proactive would be a variety of delaying Sanitary Districts are the two and aggressive in making sure tactics prolonging the issuance sewer agencies that deal with that your rights are not of,permits. the County. Montara has trampled on. Don't be shy In Fi-oni comursations I've had already approved allowing telling our elected officials that with the sewer plant, all the you want your permits now. sewer a g 1"11 C I e s a 11 d the people to apply for sewer permits. Granada will decide After all, you're being taxed for planning departments of both it so you might as well get the how to proceed at a later time. the Coulliv and the City of Half- benefit. The City of Half Moon Bay is Moon Bad, owner rather than taking a different approach for It has been my experience that later scents 10 be the oPermill" the issuance of building if they are issuing permits now, word. Nobodv seems to want to permits.They are dividing their building grab them� before somebody hold I off issuing building between developers for finds another excuse for a its new subdivisions, tentative moratorium. And you knu%% tile. ")true of they're probably working oil it maps and infill lots. There is I CalifOrnl,t in the tall Since the numerical scoring system that now. sewer plant has additional will determine who gets a capacity now and it takes permit. You can pick up an Steven Hyman is the brokerloivtlel, months to get a building permit application Properties.of Century 21 Sunset Prope es. He I' ion now and in March and then al-IOLlIer 4-6 months t 1 0 they will decide the lucky holds a Masters' degree m build a house, any permit winners. International Finance and (I issued today won't impact the This certainly has all the Bachelors' degree in Economics. Ire plant until the end of the year. makings of being a very heated can be reached at 650-726-6346 or e- Dependin.o on where your if not ugly battle from several mail at c21sunsetl@aol.coin. property is located, you will fronts. Because of Measure A. NDENT sMi — PAGE 7B J tate appliances can freshen the look Depending on the extent, "Ask Tex" and improve the utility of a many improvements can be kitchen, without disturbing the made over a weekend and sell- character of the room. It's also ers can even do them on their r :> � less expensive than doing a own without hiring a contrac s3 complete rebuild. tor.But if a contractor or other Other good candidates for service company is needed, hx refurbishment are bathrooms. homeowners should be sure to < ' Buyers are particular about ask their friends or a local a cleanliness and sparkling clean, REALTOR for the name of a rep- new-looking bathrooms are an utable company. excellent sales feature. Best of all,bathroom renovations are Tex Thoman,GR1,RAM,eLertified,1116 El not as costly as one may think, Camino Real,San Mateo,650573-0200,e-mail even for a complete remodel. GOLDEN-CATE2@MSN.COM Unbelievable BY TEX THOMAN Q Which renovations will increase the value of a home the most when the owne.s are Large 2 bedrooms, y planning to sell? remodeled bath, A.Assuming the house has no updated kitchen, great major problems, remodeling location in Union City. the kitchen or bathroom will Won't last! add the most value. Making improvements to a Sohini Deo s" home can boost the selling 510-639.0859 price of the property substan tially beyond the cost of the ren- ovation and even mean the dif- GLOBAL REAL ESTATE Call today for mordinformalionl Q ference of whether or not those sells at all.When contemplating an upgrade, a homeowner is HOW MUCH HOME CAN YOU AFFORD? wise to consider which renova- tions are not only needed, but Call Mortgage Connection Today will enhance the value and What is Mortgage Connection? appearance of the home the very most. Automated Prequalification System To start, evaluate the home Available 24 hours using your touch-tone phone front the buyer's point-ofview. Y Prequalifies you for a home loan in moments An experienced real estate pro- 24 Hour Automated Hotline: (800)683-6361 fessional will be able to offer good advice and will also know INSTRUCTIONS what buyers in the marketplace f f " ' ' andenter ID Code950 are looking for. Renovations Answer the simple questions using your usually accomplish two objec honeWESTERN rives: they improve or update Follow each entry by pressing the key M ERICA on your phone the physical conditions of thefreeyourpre-quaMORTGAGE home and add features, wheth- DRE L1C#0924019(916)227-0931 er it be a skylight, a French door or new appliances and fixtures. --- —� Regional Open Sloce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-06 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS February 24, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 6:38 P.M. Members Present: Betsy Crowder, Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, and Deane Little Members Absent: None Personnel 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 6:38 P.M. and the Closed Session commenced at 6:39 P.M. The Board concluded the Closed Session at 7:20 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: Deirdre Dolan, John Escobar, Mary de Beauvieres, Jodi Isaacs, Malcolm Smith, Randy Anderson, Michael Williams, Del Woods. III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, asked about the dirt work going on at the new parking lot at Windy Hill. K. Nitz informed him that the Board had approved USGS looking at fault areas there. Mr. Haeussler asked about the vandalism of fences reported in the monthly field activity summary and said it looked like bikers. J. Escobar said they had just started reporting vandalism in December and they did not know who did it. Michael Marshall, Los Altos, talked about some pruning and cutting of trees on District land. He suggested that they consult an arborist and provide more training to management and field people. 3 30 Distel Circle * Los Altos, CA 94022 1404 Phone: 650 691-1200 FAX: 650-691-0485 - E-mail: mrosd ,)openspa<e.org Weh site:www.openspace.org Board of Direuoi> .Peter Siemens,Mary C. Davey,led C vr, Deane 1_ittle, Nonette Hanko, Betsy Crowder,Kenneth C. Nit/ •General Man ir;er:L.( r,w Britton Meeting 99-06 Page 2 J. Escobar replied that staff have consulted frequently with an arborist, and that 50,000 people use the trail on a weekly basis. The trees at Rancho San Antonio were trimmed for safety reasons. IV. ADOPTION OF AGENDA Motion* M. Davey moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CAL END Motu; P. Siemens moved that the Board approve the Consent Calendar, including approval of minutes of the December 14, 1998 Special Meeting; a reply to a written communication from Joe Callan, General Manager, Saratoga Country Club, P. O. Box 2759, Saratoga; agenda item 3,Final 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 an Employee Residence in the Vicinity of Hicks Road; agenda item 4, Authorization for the President of the Board or Other Appropriate Officer to Execute the Notice of Completion and Acceptance of Work for the Bridge Replacement Project at the La Honda Creek Open Space Preserve; and Revised Claims 99-04. B. Crowder seconded the motion. The motion passed 6to0. VI. BOARD BUSINESS Agenda Item No. 1 - Tentative Adoption of a Comprehensive Use and Management Plan Amendment for a Trail Use Plan for Study Area 2 of El Corte de Madera Creek Open Space Preserve; and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act Report R-99-34). M. de Beauvieres presented the staff report and recapped the process of preparing the trail plan. She reminded Board members of the amendments regarding Trail Segment 79 ("Devil's Staircase"), Trail Segments 87 and 90 ("Outhouse Trail"), and Sierra Morena Trail. N. Hanko said she was withdrawing her objection to Sierra Morena being a multi-use trail for safety reasons and asked if staff had thought about any new trails that might be used for hiking only once the parking lot was in place. M. de Beauvieres said this preserve is trail dense and, because of use patterns that are already in place, staff probably would not look at a hiking-only trail there. K. Nitz asked if there were other technical trails in the preserve that have the same steepness. M. de Beauvieres said there were some in the interior and pointed out one on the edge of the preserve. J. Escobar said there are still quite a few trails with a 25% grade. H. Haeussler asked if they could use Sierra Morena for hiking only and the one adjacent to it as multi-use. He was informed that Trail Segment 81 was too steep. Meeting 99-06 Page 3 Berry Stevens, 3265 Fair Oaks, Redwood City, member of ROMP, said he was disappointed with staff intention to close Trail Segment 79 and strongly supported alternate 2. He suggested keeping trails open until the new trail is ready for multi-use. He said the average trail grade is 16%. M. de Beauvieres said staff would like to move forward with construction of trails before the parking lot is constructed. Staff are anticipating that all new construction will be completed this year. Patty Ciesla, coach of the Stanford Cycling team, objected to staff s determination to close Devil's Staircase and Outhouse. She said the graph misrepresented the steepness of the trails, and said it would be easy to realign them to make them less steep. She didn't think there was adequate evidence that trail closures would work, and said no one wants to obey the rules because there is no good reason. She asked that the District give them some options to get out of the parking lot. She asked if the District was listening to them and if they were doing the best by the land. Alan Taylor, 1836 Poplar, Redwood City, said he rode once a week. He said he rides Trail Segments 87 and 90 and they are not that steep. In addition, the bedrock has been exposed for years; it is an outcropping. He talked about the difference in quality of experience and objected to the closing of any trails. He said the definition of a technical trail is subjective. He suggested looking at who uses that part and make that part for them. Mark Trail, 1017 Mallet Ct., Menlo Park, said he enjoys riding the trails slated to be closed. He supported Sierra Morena trail being multi-use. He pointed out that if the interest is in trying to get mountain bikers out of the area close to the parking lot, having a trail like Trail Segment 79 is a good way to do that. Tom Fernwood, 1158 Burgoyne St., Mountain View, said Devil's Staircase is a great trail and does not show any more wear and tear than it did eight years ago. He thought that closing Trail Segment 79 was a mistake. Bill Davis, Mountain View, addressed Trail Segment 79, asking that M. de Beauvieres identify in what way erosion has been a problem. He said he didn't think any maintenance dollars had been spent. M. de Beauvieres replied they had not spent anything because it has not been an authorized trail. She talked about erosion, stating that the Douglas fir roots are exposed. In six years, there has been a significant change. Patty Ciesla said erosion is natural and normal and the way it is occurring there is not harmful to the environment. J. Isaacs said the District has had a geologist working in that area but not specifically on mountain biking issues. Santa Cruz mountains are known for landslides and are very unstable. She said she was concerned for the cumulative effects. J. Escobar said there is a maintenance issue on 30% slopes. He talked about constructing drainage structures on 30% slopes, stating they would not last even one year. Meeting 99-06 Page 4 Berry Stevens said he didn't think anyone questioned that there was exposed bedrock and 12" diameter roots on Trail Segment 79. He did not think there had been changes in those in seven years. He did not think maintenance was required. Alan Taylor echoed B. Stevens' comments. John Ziesler(no card) said he was not sure it was appropriate to designate the entire trail as being in the 30% range, but more appropriate to look at the average. Motion* B. Crowder moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; amend the Comprehensive Use and Management Plan for El Corte de Madera Creek Open Space Preserve to include the Study Area 2 Trail Use Plan as contained in the staff report; and tentatively adopt the Study Area 2 Trail Use Plan for El Corte de Madera Creek Open Space Preserve, including the amendments contained in the staff report. K. Nitz seconded the motion. Discussion: K. Nitz said the Methuselah Trail is another way into the preserve. He said he was glad to have Sierra Morena as a multi-purpose trail. P. Siemens talked about leaving Trail Segments 87 and 90 open. M. de Beauvieres said that, typically with new trail construction, staff leaves trails closed to uses other than hiking for the first year. Amendment: N. Hanko moved to amend the motion to provide for leaving Trail Segments 87 and 90 open until the newly constructed trails have been in place long enough. Second: P. Siemens seconded the amendment. Discussion: J. Cyr said the Ad Hoc Committee voted to leave the trails open for another season; however, since then, there has been more evidence of rogue trail construction. He was concerned that if compliance becomes a problem, the alternative is to close trails to that use completely. D. Little said he hoped they could appreciate that Board members have a larger responsibility to the entire community and flora and fauna. In addition, he said threats of violations if trails are closed made him more likely to vote for closure and for additional money for enforcement. Vote on amendment: The motion was defeated 5 to 2 (Directors Hanko and Siemens voting yes). Vote on original motion: The motion passed 7 to 0. Patty Ciesla responded to Board members, stating her remarks were not intended as threats. There was a recess from 8:58-9:05 P.M. VII. Agenda Item No. 2 -Proposed Addition of Foster Property and Gift of Peninsula Open Space Trust Property to Saratoga Gap Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan Recommendations' Including Naming the Meeting 99-06 Page 5 P ol2e y as an Addition to Saratoga GaIOpen Space Preserve;and Indicate the Intention to Dedicate the Properties as Public Open Space at this Time—(Report R-99-35). D. Woods described the property, the road and water systems, and potential trail connections. He said staff needed to master-plan the area and understand it better before opening it to the public. There are invasive species on the land, including Scotch broom. M. Williams outlined the terms and conditions of the acquisition. Motion: K. Nitz moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report, adopt Resolution 99-04, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction(Saratoga Gap Open Space Preserve—Lands of Foster) and Resolution 99-05, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance with Respect Thereto (Saratoga Gap Open Space Preserve-Lands of Peninsula Open Space Trust); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to Saratoga Gap Open Space Preserve; and indicate their intention to dedicate the properties as public open space at this time. M. Davey seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS N. Hanko reported that: 1. M. Davey reported on her appearance at the Santa Clara County Planning meeting on Stanford land. There will be another meeting on March 4. She asked if staff would prepare a letter for that meeting. D. Woods said he would draft a letter. 2. The Coastal Advisory Committee met last night and all ten members were present. They selected three at- large members from among 19 applicants. The next meeting is on March 9, 7:30 p.m.,Half Moon Bay Community Center. S. Schectman agreed with P. Siemens regarding non-voting alternates, stating the committee could accomplish the same thing without them if they can't vote. She said it was a policy issue. The committee can have whatever they want if they are willing to live with the legal issues. N. Hanko said Toni Danzig, Chris Thollaug, and Bill Cook were appointed to the advisory committee. B. Crowder commended R. Anderson for his reply to the letter from Saratoga Country Club. D. Little said he and C. Britton went to the Special District Institute presentation on Thursday and Friday. The topic was"Introduction to Government". Meeting 99-06 Page 6 J. Cyr said he understood that the presentations by J. Escobar and G. Baillie were well received at CPRS. C. Britton reported that: 1. The high point of the Special District Institute for him was getting to know D. Little better, and it was a worthwhile institute. 2. M. Smith and he attended a press conference Monday at the Presidio. Sen. Boxer and Cong. Miller announced a $2.3 billion annual program for Land and Water. 3. Audrey Rust invited him to the three retreats POST is having. 4. Board members agreed that staff could discontinue the summary staff has prepared after each Board meeting. VIII. ADJOURNMENT At 10:00 P.M. the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 99-04 Meeting 9M8 Date: February 24, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5590 475.00 Aaron's Septic Tank Service Septic Tank Service 5591 1,174.86 Acme& Sons Sanitation Sanitation Services 5592 20.00 All Laser Service Laser Printer Service 5593 30.75 AT&T Telephone Service 5594 76.00 Gordon Baillie Reimbursement-PRAC Conference 5595 30.00 Best Internet Communications, Inc. Internet Provider 5596 74.05 John Cahill Reimbursement-Cellular Phone 5597 1,045.00 Cambria Corporation Database Transfer Consultant 5598 120.00 California Parks& Recreation Society, Inc. Membership Dues 5599 30.63 Capitol Enquiry Inc. Resource Document 5600 361.77 Cascade Fire Equipment Company Fire Pumper Repairs 5601 189.00 *1 Annette Coleman Reimbursement-Parks Conference Reg. 5602 175.00 D &J Septic Tank Service 5603 892.50 Enshallah Inc. Teague Hill Consultant 5604 521.84 Farrelle Communications Radio Repairs 5605 62.50 Federal Express Express Mail Service 5606 1,000.00 *2 First American Title Company Escrow Deposit 5607 31.46 G & K Services Shop Towel Service 5608 635.00 Greenlnfo Network GIS Map Services 5609 869.99- Green Waste Dumpster Service 580.00 5610 59.80 GTE Wireless Cellular Phone Service 5611 245.10 Home Depot Field Supplies 5612 6,170.13 Howard Rome Martin & Ridley LLP Legal Services 5613 336.62 Hyster Sales Company Bobcat Parts 5614 5802.26 Irvine&Cooper Law Offices MROSD Vs Esperson 5615 57.37 JC Penny's Uniform Coveralls 5616 1,140.00 Anne Koletzke FEMA Grant Application Consultant 5617 103.63 Langley Hill Quarry Drain Rock 5618 2,494.48 Lanier Worldwide, Inc. Copier Leases&Supplies 5619 536.25 MetroMobileCommunications Radio Repair and Maintenance 5620 1,365.00 Micro Accounting Solutions Computer Consultant 5621 105.57 Moffett Supply Company Janitorial Supplies 5622 30.00 Natural Areas Association Subscription 5623 3,000.00 *3 Navarone Industries, Inc. Spring Newsletter Printing 5624 790,000.00 -** North American Title Company Foster Acquisition 5625 174.07 Northern Energy, Inc. Propane Gas and Tank Rental 5626 55.94 Northern Tool & Equipment Company Propane Torch 5627 103.00 Novagraph, Inc. Software 5628 760.64 Office Depot Office Supplies 5629 216.49 Office Max Recording Transcriber 5630 836.48 Orchard Supply Hardware Field Supplies 5631 1,071.90 Pacific Bell Telephone Service 5632 255.64 Pitney Bowes Credit Corporation Postage Meter Lease 5633 600.00 Portola Park Heights Property Association Road Dues-Two Properties Page 1 Claims No. 99-04 Meeting 99-08 Date: February 24, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5634 150.00 Pt. Montara Lighthouse Hostel Meeting Facility Rental 5635 7,461.25 Rana Creek Habitat Restoration Grassland Study Consultants 5636 34.13 Rayne Water Conditioning Water Service 5637 507.63 Rice Trucking/Soil Farm Trucking Fees-Windy Hill 5638 394.25 Rich's Truck Tire Service Tire Disposal&a Tire Repair 5639 15.01 Roberts Hardware Plumbing Repair Parts 5640 324.60 San Jose Mercury News Recruitment Advertisement 5641 44.95 Susan Schectman Reimbursement--Phone Calls 5642 184.87 Second Cup Local Business Meeting Expense 5643 150.36 Shell Oil Company Fuel 5644 119.08 Silacci's Feed Barn Gate 5645 70.31 Skyline County Water District Water Service 5646 25.27 Staples Office Supplies 5647 52.00 State Water Resources Control Board Water Rights Report 5648 625.00 Systems for Public Safety Background Checks-New Recruitments 5649 73.13 JoAnne Swirsding Vehicle Expense 5650 60.00 Terminix January Services-Distel Building 5651 34.00 Thoits-F G & H Insurance New Equipment-Additional Coverage 5652 8,955.00 *4 Mike Tobar Excavation Barlow Property Demolition 5653 18.19 Tooland, Inc. Equipment Part 5654 69.00 Touchatt Trucking Rock Delivery Charge 5655 2,669.20 2M Associates Consulting Services-Annexation 5656 9.87 *5 UPS Parcel Postage Service 5657 1,689.59 *6 Visa 210.00 Airfare-Conference 146.77 Resource Documents 34.50 Business Meeting Expense 354.22 Radio Batteries&Repairs 550.00 Dumpster Service 157.59 Bicycle Parts 236.51 Field Supplies 5658 70.00 Wac Corporation Aerial Photos 5659 328.55 West Group Payment Center Law Resource Documents 5660 150.00 West Valley College 4 Wheel Drive Training -G. Morin 5661 533.00 Whitmore, Johnson& Bolanos Legal Services 5662 745.71 Wheelsmith, Inc. Bike Maintenance 5663R 497.94 L. Craig Britton Reimbursement-Special District Institute Conference Expenses/D. Little&C.Britton 5664R 1,844.70 U.S. Rentals Equipment Rentals 5665R 436.99 Petty Cash Local Business Meeting Expense, Film, Office and Field Supplies, Deer Hollow Farm Maintenance Supplies and Vehicle Expense Page 2 Claims No. 99-04 Meeting 99-08 Date: February 24, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Revised # Amount Name Description *1 Urgent Check Issued February 19, 1999. *2 Urgent Check Issued February 11, 1999. *3 Urgent Check Issued February 16, 1999. *4 Urgent Check Issued February 10, 1999. *5 Urgent Check Issued February 11, 1999. *6 Urgent Check Issued February 19, 1999. *** In the event this acquisition is not approved, this claim will not be processed. TOTAL 851,389.31 f t Page 3 Regional Open S,, a:e ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-11 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 6:00 P.M. 330 Distel Circle Wednesday Los Altos, California April 28, 1999 *** PLEASE NOTE*** 6:00 P.M. Closed Session Start Time 7:30 P.M. Public Meeting Start 77mme (6:00) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:00 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 ProMM Negotiator - Government Code Section 54956.8 $eal Proms: Santa Clara County Assessor's Parcel Number: 562-09A4 Agency Nego is or: Michael Williams Negotiating Partv: Robert Hubenette and Patricia Grosch Under Negotiation: Instructions to negotiator will concern price and terms of payment of a purchase. 2. Conference With Real Pr=M NeN go is or- Government Code Section 54956.8 Real Pr=M: Rancho San Antonio County Park located on Cristo Rey Drive, Cupertino Agency Negotiator: L. Craig Britton NegQtiati a Parties: Santa Clara County, Paul Romero, Parks Director of Santa Clara County Under Negotiation: Instructions to negotiator will concern price and terms of payment for a lease. 3. Conference with Legal Counsel - Pending Litigation - Government Code Section 54956.9(a) Midpeninsula Regional Open Space District v. Esperson-Rodrigues Construction Company 3:30 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 FAX:650-691-0485 - E-mail: rTiros(l@ol)ensl),i((,.org openspace.org - Web site:www.openspice.org Hoard of{hectors:Pete Siemens,Mary C. Davey, led Cyr, Deane I ittle, Nonette Danko,Belsy Crowder,Kenneth C. Nitz -General Nlxm,;er:L.Gait;Britton Meeting 99-10 Page 2 (7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR --J. Cyr *** APPROVAL OF MINUTES February 24, 1999 (Consent Item) BOARD BUSINESS (8:00) 1. Proposed Addition of Gagliasso Property to Cathedral Oaks Area of Sierra Azul Open Space Preserve; Determination That the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Gagliasso Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve; and Indicate the Intention to Withhold the Property from Dedication as Public Open Space at This Time -- M. Williams Resolution Authorizing Acceptance of the Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Gagliasso) (8:10) 2. Authorization for the General Manager to Execute a Contract to Hire Rana Creek Habitat Restoration to Implement the Third Phase of the Russian Ridge Grassland Management Plan at a Cost Not to Exceed $48,000 in Fiscal Year 1999-2000 and Determination That the Recommended Actions are Categorically Exempt from the California Environmental Quality Act -- J. Isaacs *** 3. Authorization for the General Manager to Execute a Contract to Hire Tamara Kan to Perform the Fieldwork Necessary to Finalize a District-wide Vegetation Map at a Cost Not to Exceed $14,600 -- J. Isaacs (8:20) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE: mimes 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. Regional Open Sp.-.:e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-63 Meeting 99-11 April28, 1999 AGENDA ITEM I AGENDA ITEM Proposed Addition of Gagliasso Property to Cathedral 07 Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATION 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Gagliasso property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Gagliasso property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached maul The 2-acre property being considered for acquisition is located east of Lexington Reservoir and adjacent to Cathedral Oaks Area of Sierra Azul Open Space Preserve. Situated along Soda Springs Road, the densely wooded property slopes steeply down towards Soda Springs Canyon. Acquisition of the property will protect the open space character of the area and, most importantly, open space views from existing trails on the adjacent open space preserve. The irregular-shaped property is bounded by private property to the east and west, Soda Springs Road to the south, and District land to the north. The landscape generally consists of steep road frontage with a dense stand of oak and bay trees. There is an unsurfaced driveway passing through the property that serves two adjacent neighbors. The property and surrounding open space preserve help protect a major portion of the Soda Springs watershed and provide valuable wildlife habitat and scenic viewshed. The property is viewed from Soda Springs Road and the planned Bay Area Ridge Trail which climbs from Priest Rock up to Mt. El Sombroso. In the future, there is the potential for providing a trail in the vicinity of the property that would connect Soda Springs Road north to the Bay Area Ridge Trail. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd®openspace.org • web site:www.openspace.org T' Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-99-63 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160 acre minimum lot size dependent on the average steepness of the property. Although the property consists of only 2 acres and its development potential is severely constrained by steep slopes and building setback requirements, the property does have a residential development density of one unit. The property is within the District's boundary and its composite open space value in the District's Open Space Master Plan is rated moderately high. Santa Clara County's Trails Master Plan identifies the Bay Area Ridge Trail corridor north of Soda Springs Canyon, connecting Lexington Reservoir Recreation Area to Mt. Umunhum and Mt. Madonna County Park. The District's Regional Open Space Study Map shows a potential major trail in the vicinity of the property connecting Soda Springs Road to Priest Rock Trail. 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 property at this time. Patrol: Regularly patrol the property. Signs: Install appropriate signs, including closed area signs. Dedication Indicate your intention to withhold dedication as public open space at this time. Name: Name the property as an addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEQA DETERMINATION Project Description The project consists of the acquisition of a 2-acre parcel of land as an addition to the Cathedral 1 R-99-63 Page 3 Oaks Area of the Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the adjacent preserve. The land will be permanently preserved as open space, closed to the public, and maintained in a natural condition. CE A Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. 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 AND CONDITIONS The purchase price of this 2-acre legal parcel is $8,000. The purchase price has been reduced because only the two living brothers of the three who own the property are able to convey their interests. This property was listed for sale with an asking price of$20,000, and the reduced price of$8,000 is considered fair and reasonable given the limited development potential of the property, current real estate market conditions, and the clouded title being received by the District. As part of this purchase agreement, the two surviving brothers have quitclaimed their interest as sole heirs of their deceased brother's remaining one-third interest in the property; however, the third brother died intestate (no will) and his estate has not been probated as this property interest was his only asset. Both brothers agree to assist the District in any future attempt the District might initiate to finally obtain clear fee title. R-99-63 Page 4 BUDGET CONSIDERATIONS 1999-2000 Budget for Land Acquisition New Land Budgeted for Acquisition $20,000,000 Land Acquisitions Approved this year (1,525,000) Gagliasso Acquisition proposed on this agenda MOM Acquisition Budget Remaining $ 18.467.000 Controller M. Foster has been consulted on this proposed acquisition and has indicated that, considering cash flow and availability, funds are available for this property purchase. This property was identified as an important addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve for protection of wildlife habitat and scenic backdrop. PUBLIC NOTIFICATION Owners of privately owned properties located adjacent to or surrounding the subject property have been notified of this transaction. Prepared by: Del Woods, Senior 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 MIDPElvINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF THE PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF GAGLIASSO) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Earl and Gordon Gagliasso the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to seller. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the transaction. Section Four. The General Manager of the District is authorized to expend up to $2,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$8,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares the district's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. * * * * * * * * * * * * * * * * * * SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District ST.JOSEPH'S HILL • ' OPEN-SPACE,PRESERVE (sA24) t�•e' t �(s)n2) V \\ 3 0. 4.,0. N 20„-��.o a foSEPh's o.z 0.2 �H(u 17 0.9 0.5 5 03) 1.5 f s _ O l 20 00 ® (sa2n LEXINGTON �Pr%sf o 2200 1COUNTN (5423) 1.0 Rom 2400 kT PARK rai/ -{rail 2400 o . • �..., �� x Priest' ,.0 x 4t. 2600 1 �f ✓" 1 �/`l�� 2200 O ./� 1.6 2800 rail • csA2m Soda s s.0 SR. tj ko 1800 Z0 /( 00 j PROPOSED ACQUISITION 1600 (SA19) 1400 GAGLIASSO, 2.0 +/-ACRES 1200 2200 1000 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 ` One Mile 1600 �� 1 EXHIBIT A: PROPERTY LOCATION MAP 4/99 PURCHASE AGREEMENT This Agreement is made and entered into by and between EARL GAGLIASSO and GORDON GAGLIASSO each as to a 113 interest, as Tenants in Common, and EARL GAGLIASSO and GORDON GAGLIASSO as the sole heirs of the estate of LOUIS GAGLIASSO, III, deceased (who died intestate) hereinafter collectively 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 Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Joe Beatty Real Estate on July 27, 1998, thereby offering said real property for to the general public; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, California, containing approximately Two (2) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 558-29-032. Said property is further described in the Legal Description attached to Preliminary Title Report number 98171482 from North 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 Purchase Agreement Page 2 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 Eight Thousand Dollars ($8,000.00), which shall be paid in cash as provided in Section 3 hereinbelow. 3. Delivery, of Deeds. Promptly upon execution of this Agreement, Seller shall deliver to District an executed and recordable Grant Deed for the 2/3 interest in the Subject Property held by Earl and Gordon Gagliasso and a Quitclaim Deed for the remaining 1/3 interest in the Subject Property executed by Earl and Gordon Gagliasso as the sole heirs of the estate of Louis Gagliasso, III, deceased (who died intestate). Within ten (10) days of receiving said Deeds, District shall issue a check payable to Seller as follows: (1) a District check payable to Seller in the amount of Seven Thousand Two Hundred and No/100 Dollars, and (2) the balance of$800.00 to Joe Beatty Real Estate in accordance with Section 10.0 of this Agreement for a total of$8,000 as provided in Section 2 above. Seller shall pay all property taxes due on the Property based upon the latest available tax information including payment of the second installment of the 1998/1999 taxes due on April 10, 1999. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant.to California Government Code Section 7260 et 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 Eorecentations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following Q:\gagliaso.pa.wpd Purchase Agreement Page 3 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. Sole Heirs of Louis Gagliasso III, Deceased. Earl Gagliasso and Gordon Gagliasso represent and warrant that they are the sole heirs of their deceased brother, Louis Gagliasso, III, who died intestate. Earl and Gordon Gagliasso agree to execute a Grant Deed as to their 2/3 interest in the Subject property and Quitclaim Deed as to the remaining 1/3 interest in the Subject Property as the sole heirs of the estate of Louis Gagliasso, III, deceased (who died intestate) in accordance with Section 3 of this Agreement. Earl and Gordon Gagliasso further agree to cooperate with District in acquiring the full fee title to the Subject Property, including without limitation, their agreement to sign any and all documents necessary or appropriate to the matter, in District's opinion; and testifying, if necessary, at any court hearing or trial in which the District may bring a quiet title action, or other request for judicial relief as deemed appropriate by District. 7. Integrity of RLQpgM. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. Q:\gagliaso.pa.wpd Purchase Agreement Page 4 The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). B. Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) The Property does not contain any Hazardous Waste or underground storage tanks; (ii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; QAgagliaw.pa.wN Purchase Agreement Page 5 (vii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. C. Indemnity. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained herein, or arising from related to or connected with the existence of any hazardous substances of any kind on or in the property, except when any hazardous substance contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91- 646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246- 256) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there under and to any other compensation, except as provided in this Agreement. Seller has been advised as to the extent and availability of such benefits, procedures, notice periods, and assistance, and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement, including the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections. Q:\gagliaso.pa.wpd Purchase Agreement Page 6 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 moment 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. D. tights 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. Nod . 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 Q:lgag1imo.pa.wpd Purchase Agreement Page 7 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: Earl and Gordon Gagliasso c/o Gary Beck, Joe Beatty Real Estate 7172 Anjou Creek Circle San Jose, CA 95120 (408) 268-4062 FAX (408) 927-0225 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton General Manager (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier 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. Sevverabilty. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. G. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or QAgagliaso.pa.wpd O Purchase Agreement page 8 together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. H. 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. I. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. J. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. K. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. L. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. M. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. N. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. O. Broker's Commission. District shall pay a real estate broker's commission in the amount of$800.00 to Joe Beatty Real Estate, 7172 Anjou Creek Circle, San Jose, CA 95120 as provided in Section 3 herein. No other such commission is due or payable by the District and the parties agree to and do hereby indemnify and hold the other party 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 QAgagliaso.pa.wpd Purchase Agreement Page 9 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 AF17ER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO TELLS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. SELLER INITIAL C C BUYER INITIAL QAgagliaw.pa.wpd Purchase Agreement page 10 11. Accptance. Provided that this Agreement is executed by Seller and delivered to District on or before March 22, 1999 District shall have until midnight April 28, 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. 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. DISTRICT: SELLER: /7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Earl Gagliasso ACCEPTED FOR RECOMMENDATION Date: Michael C. Williams, Real Property Representative Gordon Gagli so APPROVED AS TO FORM: Date: Su Schectman, District Counsel D FOR VAT-: L. Craig Britton General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: Q:\gagliaso.pa.wpd NORTH AMERICAN DIRECT ALL INQUIRES TO: rMC MANY Escrow Officer: SUSAN TROVATO Telephone No. 408-395-9008 Our No.: 98171482 November 23, 1998 MIDPENINSULA REGIONAL OPEN SPACE 330 DISTEL CIRCLE LOS ALTOS, CALIFORNIA 94022 PROPERTY ADDRESS NO SITUS GIVEN Preliminary Report IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of OCTOBER 21, 1998 PAM THOMPSON at 7:30 A.M. Title Officer 335 North Santa Cruz Avenue, Los Gatos, California 95030, (408) 395-9008 EXHIBIT Rag® ---°f-L-- I The form of policy of title insurance contemplated by this report is: ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: EARL GAGLIASSO, GORDON GAGLIASSO AND LOUIS GAGLIASSO, III, EACH AS TO AN UNDIVIDED 1/3 INTEREST, AS TENANTS IN COMMON, BY DEVISE EXHIBIT Page 2 of 6 page.2-- pf L Order No. 98171482 Description: The land referred to herein is situated in the State of California, County of SANTA CL.ARA, IN AN UNINCORPORATED AREA, and is described as follows: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 2, SECTION 3, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, WHICH SAID CORNER IS ALSO THE SOUTHWESTERLY CORNER OF LOT 1 OF SAID SECTION OF SAID TOWNSHIP; RUNNING THENCE SOUTH 890 50' WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1 A DISTANCE OF 627 FEET; THENCE SOUTH 11 21 ' 30" WEST TO THE NORTHWESTERLY LINE OF SODA SPRINGS ROAD; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID ROAD TO ITS INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE DIVIDING LINE BETWEEN LOTS 1 AND 2 OF SECTION 3, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE NORTH 1 ° 21' 30" EAST A DISTANCE OF 89.9 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO.: 558-29-032 EXHIBIT Page 3 of 6 page -3-0f—L— Order No. 98171482 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 . General and special property taxes, and any assessments collected with taxes, including utility assessments, for the fiscal year 1998/1999. Total Amount: $429.24 First Installment: $214.62 OPEN Second Installment: $214.62 OPEN Land: $13,899.00 Code Area: 80-008 Parcel No.: 558-29-032 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 4. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A SURVEY OF SAID LAND SATISFACTORY TO THIS COMPANY, OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. END OF EXCEPTIONS EXHIBIT Page 4 of 6 page .-/-- of�_ Order No. 9-841-7-1482 INFORMATIONAL NOTES: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 1 16/1 16.2. There are no conveyances affecting said land recorded within 24 months of the date of this report. This charge for a policy of title insurance, if issued through this title order, will be based on the basic insurance rate. 11/23/98 WH EXHIBIT Page 5 of 6 P890 Order No. 98171482 GOOD FUNDS LAW CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES: ` SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT, NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING WITH A CHECK AGAINST A FDIC INSURED BANK). ' 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A "HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.) NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES. PRELIMINARY CHANGE OF OWNERSHIP REPORT NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. IRS FORM 1099 BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER MUST FURNISH A TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099, OR ITS EQUIVALENT, WITH THE INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF THE INTERNAL REVENUE SERVICE. NOTICE OF A WITHHOLDING REQUIREMENT THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862) ON SALES OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO 3 1/3 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA OR THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. IN THE EVENT THE BUYER REQUIRES WITHHOLDING OF THE 3 1/3 PERCENT OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO FILE A COPY OF FORM FTB597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE SELLER HAS REQUESTED A WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD WITHHOLDING AT SOURCE UNIT, P.O. BOX 651, SACRAMENTO, CALIFORNIA 9 581 2-06 5 1 (916)845-4900. EXHIEIT Page 6 of 6 Pa90, Qt. Order No. 98171482 r r ,.,c ,.' .. ,.•• • ' ...,r.... ..,.•• a n n I n ..r n n n b V V N I I V A L I f U N N I A 558 2g I 31.92 AC. w:•a. 45.33 AC Re•.•,\ MIDPENINSULA REGIONAL �4 - �5� /9 /\ I5 9 ...A uv•~ r. �`\ •nrs- 9 761 AC .O A• OPEN SPACE DISTRICT A ' t'r. '� too. s••..w w e`t ` t 1 e 500' K16 AC raa':rsnNq � 33 34 ��ARIOPENNWSULA REGIONAL 4 3 R.O.S.456/24 r' � �3 37 • ,0.50 AC na, OPEN SPA DIST 34 35 wr ff •,. L07 3 LO"('2 • • , ' 94.1T AC. IT " ' t 4''�'.,22 ar •^ •wJ •1 MIDPENJINSULA `e••� A•Ar 6.03 AC 4 q /NG •rrAOA..4c01 o .000 � ''+a .�•.�� trw..r w4. •n J 1 ». zo.sze Ac R E 16 p N A 'nrraw •'�,y {�.\J1 L OPEN • SPACE ,rArN sao. tin--?./; t 3 f�+'rt+:1'•afSEDETAILii'I DISTRICT .....` z 3'._• v•.¢•li R.O.S 2+i-M-z6 �t>. .». .as j':.•: .r K�ir�«:• t.oii uw.Ati wA 27 h• 24 50 AC 2.25 AC U8J WIN rca • 12.219 AC ET .r.Aw.d TqN ar \CGS R D. DETAIL .I 51 I�zoo' 34 I OAP S E'.�E i 20 45 I '�• I y I 3e Ac c _ rENLAW=CE wOD I. . Tr.. 1998-99 E STOVE-ASSESSOR -THE INFORMATION ON THIS PLAT IS PROVIDED FOR YOUR CONVENIENCE AS A GUIDE TO THE GENERAL LOCATION OF THE SUBJECT PROPERTY.THE ACCURACY OF THIS PLAT IS NOT GUARANTEED,NOR IS IT A PART OF ANY POLICY,REPORT OR GUARANTEE TO WHICH IT MAY BE ATTACHED.* i► UT NORTH ATRLE ICAN ro'COMPANY NATCO NOTES: DON'T DELAY YOUR CLOSE OF ESCROW! IF ANY OF THE FOLLOWING ITEMS AFFECT YOUR TRANSACTION, PLEASE NOTIFY YOUR ESCROW OFFICER AS SOON AS POSSIBLE. I. Ongoing Construction The Title Company will require, as a minimum, the following prior to insuring: A. Valid Notice of Completion verified by inspection and expiration of 60 days from recordation of said notice or; B. Approved Indemnities from Borrower/Seller, approved financial statement not over one year old and a waiver of lien rights from the general contractor. 1 The Title Company may also require proof of payment of subcontractors, indemnity and financial statement from the general contractor, a copy of the contract and the with-holding of a sum of money, to cover the contract until the mechanics lien period has expired, with which to pay filed mechanics liens, or other assurances to be determined on a case by case basis. II. Bankruptcy The Title Company will require, as a minimum, the following prior to insuring: A. The bankruptcy case be closed or, B. An order from the bankruptcy court verifying the transaction, with a demand placed into escrow by the trustee. 1 Escrow may not close until 15 days have elapsed from the order and the file has been checked to verify that there are no objections to said order. III. Abstracts of Judgment, Liens, Tax Liens The Title Company will require, as a minimum, the following prior to insuring: A. Proof that the buyer/seller is not the same party as on the recorded liens. 1 .This is accomplished by the buyer/seller/borrower completely filing out and signing a statement of information. B. The items are to paid off in escrow. C. The items are to be subordinated to the new transaction. IV. Community Property California is a community property state. A. A quitclaim from one spouse to another must specifically quitclaim any community property interest. B. An interlocutory decree of divorce specifically granting the property to one spouse is sufficient if a final decree is issued and recorded in the county. EXHIBIT -'h Page._�r of /`{ NORTH �TITTLEE iCAN ■COMPANY DID YOU KNOW? Any of the following situations could cause a substantial delay in close of escrow. The earlier we are made aware of potential problems, the earlier the issues can be dealt with to ensure a smooth and timely close of your transaction. * Are your principals trying to accomplish a tax deferred exchange? If so, have they chosen an intermediary and who is it? * Will any of the principals be using a Power of Attorney? * Are any of the vested owners deceased or in any way incapacitated? * Do all of the principals who will be signing have a current photo I.D. or Driver's License? * Have any of the principals recently filed for bankruptcy? * Are the sellers of this transaction residents of California? * Has there been a change in marital status of any of the vested owners or will we be adding anyone to title, i.e. co-signers, additional insured, etc.? * Is the property currently vested in a trust or will the new buyer/borrower vest in a trust? * Are any of the trustees of the trust deceased or incapacitated? * Will this transaction involve a short sale? * Will there be a new entity formed, i.e. partnership, corporation? * Will all of the principals be available to sign or will we be Federal Expressing documents to another state/country? If so, where? If you have any other information which may be useful to us, please contact your escrow officer as soon as possible. Our goal is to make your transaction as easy and trouble-free as possible. We appreciate your business and hope that you find North American Title Company your company of choice for all of your title and escrow needs. EXHIBIT Page I of l�f EXHIBIT A ' '—T OF PRINTED EXCEPTIONS AND EXCLUSIONS ' Oolicy Type) CALIF 1 LAND TITLE ASSOCIATION STANDARD CO 3E POLICY - 1990 SCHEDULE B 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 liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessment, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (A) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or(c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1• (a) any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to(1) the occupancy, use, or enjoyment of the land; (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 defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) 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 in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not 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 locations of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at date of policy. 3• Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b)not known to the company and not shown by the public records but known to the insured claimant either at dated of policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant, (d)attaching or created subsequent to date of policy, or(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. EXHun Page �� 0 1� 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the exceptions in schedule b, y__ are not insured against loss, costs, attorney's fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinanc, and also laws and regulations concerning: • and use • improvements on the land • land division environmental protection this exclusion does not apply to violations or the enforcement of these matters which appear 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 the policy date and is binding on you if you bought the land without knowing of the taking. 3. Title risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the policy date -unless they appeared in the public records. • that result in no loss to you • that first affect your title after the policy date -this does not limit the labor and material lien coverage in item 8 of covered title risks. 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in item 3 of schedule a, or in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in item 5 of covered title risks. Standard exceptions (A) any rights, interests or claims of parties in possession of the land not shown by the public records. (B) any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of the covered title risks. (C) any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced remo coverage in item 12 of covered title risks. (D) any water rights, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now 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 < part; or(iv) environmental protection, or the effect of any violation of theses laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) any governmental policy power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances,adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over ar statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (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 mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. I=VLJGA(7113rr 6. Any statutory lien for services, labor c erials for the claim of priority of any statutory" -)r services, labor or materials over the lien of the insured mortgage) arising from an improv or work related to the land which is contracts and commenced subsequent to Date of Policy and is not financed in whole or in part by proceed_ . r the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or L 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 laws, that is based on; (1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (II) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; cr (III) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results fron the failure; (a)to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 5. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressiy excluded from the coverage of this policy and the company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (A) any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations), restricting, regulating, prohibiting or relating to (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 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. (6) any governmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior the date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at date of policy, but not known to the insured claimant and not disclosed in writing to the company by the insured claimant prior to the date of the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or creating subsequent to date of policy, or (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 the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights law that is based on: 0) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or 00the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument or transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FROM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of he land, or the effect of a violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of such rights appears in the public records at date of policy. 3. Defects, 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 not known to the insured claimant either at date of policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy, (except to the extent insurance is afforded 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 date of policy) EXHIBrr Page Hof 4. Unenforceability of the lien of the insured n ge because of failure of the insured at date of or of any subsequent owner of the indebtednes to comply with applicable 'doing business' la" ne state in which the land is situated. 7. ALTA. Plain Language Owner's Policy(6/87) America First Protection Added (6/1/97) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorney's fees, and expenses resulting from: 1. Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) land use (b) improvements on the land (c) land division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the coverage described in items 12c and d, 13 and 18 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice exercising the right appears in the public records on the Policy Date (b)the take happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a)that are created, allowed, or agreed to by you (b)that are known to you, but not to us, on the Policy Date--unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date--this does not limit the coverage described in items 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your title 5. Lack of a right: (a)to any land outside the area specifically described and referred to in Item 3 of Schedule A or (b) in streets, alleys or waterways that touch your land This exclusion does not limit the coverage described in Items 5 and 12a of Covered Title Risks. Standard exceptions: (a) any rights, interests or claims of parties in possession of the land not shown by the public records. (b)any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered risks. (c) any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in item 12 of the covered title risks. (d)any water rights, claims or title to water on or under the land. 8. ALTA Loan Policy-Form 1 (10/17/92) America First Protection Added(6/1/97) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which may arise by reason of: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations restricting, regulating, prohibiting or relating to (i)the occupancy, use or enjoyment of the Land Oil the character, dimensions or location of any improvement now or hereafter erected by 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 (iv) environmental protection, or the effect of any violation of these laws, ordinances or government 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. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy (b)Any governmental policy power not excluded by (a) above, except to the extent that a notice of exercise thereof or a notice of a defect, 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 under insuring provisions 14, 15, 16 and 24 of this policy. EXHIBIT .� Page-a_0f_2__ 2. Rights of eminent domain unless notice 'the exercise thereof has oeen recorded in the PLI' Records at Date of Policy, but not excluding from coverage any taking which has occurrec o Date of Policy, but not excluding from cove iy taking which as occurred prior to Date of Policy which would be binding on the rights of ;haser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to be the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 19, 20, 21, 23, 24 and 25); 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 indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a 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, or similar creditors' rights laws, that is based on: (a)the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (b) the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the Insured Mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument or 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 charges 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. EXHIBIT Page -L-OLL- Regional Open Sp..ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-64 Meeting 99-11 April 28, 1999 AGENDA ITEM 2 AGENDA ITEM Authorization to Hire Rana Creek Habitat Restoration Implement the Third Phase of the Russian Ridge Grassland Management Plan. GENERAL MANAGER'S RECOMMENDATIONS-- 1. Determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in this report. 2. Authorize General Manager to execute a contract with Rana Creek Habitat Restoration to implement the third phase of the Russian Ridge Grassland Management Plan with a budget not to exceed $48,000 in fiscal year 1999-2000. DISCUSSION At your regular meetings on March 26, 1997 and April 8, 1998 you authorized the hiring of Rana Creek Habitat Restoration to conduct the first and second implementation phases of the Russian Ridge Grassland Management Plan (see reports R-97-43 and R-98-46, respectively). The grassland management plan is a"model" study designed to determine the most effective management techniques and strategies needed to sustain grassland communities over time. At your meeting on April 8, 1998 staff explained that the level of commitment needed to assess effective management methods at Russian Ridge would be at least five years. The first two years, or phases, were dedicated to testing seven management techniques. Future phases will focus on combining and repeating management techniques within the treatment areas. After five years of monitoring, trends in species composition should emerge to help determine the frequency, duration, and intensity of each technique or combination of techniques necessary to manage the grassland community. The second phase of the Grassland Management Plan was completed in fall of 1998. This phase tested three additional management techniques as well as making some modifications to the techniques used in the first phase. The second phase produced the following results: 1. Reduced yellow starthistle cover by 25-30% in all treatment areas. 2. Developed baseline data of grassland composition for future research and management programs. 3 M Distel Circle . Los Altos, CA 94022-1404 . Phone: 0 10-691-1 200 P°y FAX: 650-691-0485 . E-mail: mrosdelol)enspace.org . Web site:www.oiwnspace.org Board of Dirc(toi,: Pete ,wnwnti,Nl,rry led(vi, Dcalic I idle, Nonede H,rnkrr. Bets Crowder, Kenneth( Nil/ . Gcnet d Alm?'n er:I.Cram I,riltnn Page 2 3. Conducted a prescribed burn over 60 acres of grassland with assistance of California Department of Forestry and Fire Protection. 4. Grazed 10 acres for the second consecutive year. Goats and sheep were rotated three times through a series of smaller enclosures within the 10 acre area. 5. Applied Transline herbicide on 5 acres of yellow starthistle. 6. Initiated an experimental restoration program involving the collection and planting of a diverse seed mix (23 different species) of grasses and forbes. This restoration technique has not previously been conducted in California. 7. Compiled digital photo library of dominant grassland species for staff training and visitor interpretive uses. 8. Developed a poster and bound report depicting project results to date. This will be presented at your meeting. The third phase of the grassland plan will use the most efficient management techniques such as burning, grazing, and restoration on a larger scale than more labor-intensive methods such as hand control, weedwacking, and mowing. Monitoring of all treatment areas will continue and the history of management techniques used at each treatment area recorded. Additionally, experimental restoration areas will be developed to test management techniques on Harding grass, an invasive non-native species threatening the grassland community. Below is a list of the specific tasks to be performed in the third phase. Please refer to the attached map for a brief description of treatment locations. A more detailed map will be presented at your meeting. 1. Monitor and analyze treatment data from 1998-1999. 2. Provide staff training and grassland plant identification workshops. 3. Increase monitoring locations for future grazing and burning areas. 4. Graze a new area totaling 20 acres between the brush-line and burn area that will act as a firebreak during the controlled burn. 5. Expand burning area to include area burned last year (-60 acres) and additional acreage (-60 acres) west towards the grazed firebreak along the brush-line. 6. Expand restoration treatment areas to 10 acres. Experiment with removal and restoration techniques in areas dominated by Harding grass. Each phase of the Russian Ridge Grassland Management Plan is a demonstration of management alternatives. The first two phases focused on effective management techniques; the remaining phases will concentrate on defining the adequate frequency, duration, and intensity of the most effective techniques to sustain the grassland community over time. During these next phases the emphasis of work will be on monitoring the species diversity of each treatment area and analyzing the results with the management technique(s) performed, the number of consecutive years of treatment, and how long the treatment lasted. This information will be the basis for evaluating staff and resources needed to manage grassland communities throughout the District. The budget approved for this project in 1999-2000 is $48,000. This amount includes establishing training material for staff, propagating seed for additional restoration, and increased data collection and analysis. Expenditures for subsequent years will be subject to review and separate authorization by the Board. The current total cost of this project, including the current phase, is $139,000. Page 3 The results of this year's effort will be brought to you during the resource management update presented to the Board in fail of 1999. Long-term management options and potential costs will be discussed. A more detailed review by the Use and Management Committee may be necessary to determine the District-wide implications of the grassland study. CEQA Compliance Project Description The proposed project is an experimental management study designed to test the feasibility of using grazing and controlled burning as restoration techniques to manage grassland habitats for native species diversity. Grazing would occur on roughly 20 acres between the controlled burn R- area and brushline to act as a firebreak. Animals would be brought on site for approximately three weeks beginning in May. The controlled burn area will include 60 acres burned last year and extend to the grazed firebreak, an additional 60 acres. Timing of the controlled burn is dependent on the development of yellow starthistle and will likely occur in late July. Actual time to conduct the control burn over the designated acreage will only take one day with the cooperation of California Department of Forestry and Fire Protection. All activities on site should be completed no later than September. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt form CEQA (the California Environmental Quality Act) under Section 15304 and Section 15306 of the CEQA guidelines as follows: Section 15304 allows activities resulting in minor alterations to land such as: grading, landscaping, filling of earth, trenching, and backfilling. The proposed control burn and grazing efforts are similar to these activities in that they are only temporary alterations to the land. The purpose of the two activities is to reduce thatch and competitive species from the area between May and August and to encourage native species to germinate before the rainy season. New growth will prevent any possibility of erosion and give native species the advantage to establish in the area. Section 15306 allows for" basic data collection, research, experimental management, and resource evaluation activities". This project is a management experiment. It is designed to test the feasibility of using grazing and controlled burning as restoration techniques to manage grassland habitats for native species diversity. Information gained from this study will be used in deciding which grassland management techniques are used on District lands in the future. Prepared by: Jodi Isaacs, Resource Management Specialist Contact person: Same as above RUSSIAN RIDGE OP*EN SPACE PRESERVE GRASSLAND MANAGEMENT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (RR01) 0.4 rr (CC" 3 ..J MeaaOw T<�` 0.8 1�-�02 Q N e , _,,. . °4, - -- 011, • ft rp, . . 2200 (M 0.3 0.3 (MB Hill ,�• r :r0.3 0.3 '.• . ! . 41•• i 0. % f �•. Tent • . .:a t , a'• t 2200 0.5 Inc Od'�s - °'» +`,,;,,.�. ?w %` �": ��P►pine Road 2000 0.2 0.2 0.1 +.\ v `- 1.0 � (RR02) 0.2 0.1 „. RUSSIAN RIDGE OPEN SPAS ! 1 ;%SKYLINE RIDGE. OPEN SPACE �_ PRESE VE PRESERVE`. J 1 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile LEGEND Restoration 4Yjc,.;y« Burn 1999 Burn 1998 F' :; Graze Regional Open Sidce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-65 Meeting 99-11 April 28, 1999 AGENDA ITEM 3 AGENDA ITEM Authorization to Hire Tamara Kan to Finalize a Dist 'et-wide Vegetation Map at a cost of $14,600 GENERAL MANAGER'S RECOMMENDATION Authorize General Manager to execute a contract with Tamara Kan to perform the fieldwork necessary to finalize a District-wide vegetation map, with a budget not to exceed $14,600. BACKGROUND As a part of the 1998-1999 fiscal year budget you approved $4,500 to initiate a resource inventory project. The objectives of the overall project are to inventory and record key flora, fauna, natural features, and biotic communities District-wide, in order to better guide planning decisions and determine management priorities. The first step of the project is to produce a vegetation map that will also act as a template to record additional resource information. Working with interns and consultants last year, staff tested two vegetation mapping methods. The first method used was a traditional field based method utilizing existing vegetation maps. This method was labor intensive but had relatively good accuracy. The second method relies on a computer generated remote sensing process which is significantly less labor intensive, but may not be as accurate. At your March 24, 1999 meeting, staff used a draft vegetation map of Pulgas Ridge Open Space Preserve in the G.I.S. presentation that had been generated by the remote sensing mapping method. DISCUSSION $14,600 is budgeted for the current fiscal year to ensure that the District-wide vegetation map is accurate and complete. For this project, staff recommends field checking the two vegetation- mapping methods. This will consist of: 1) Marking survey sites and corrections on field maps generated by both methods. 2) Assessing the accuracy of the vegetation mapping methods. 3) Defining all mapped vegetation communities. 4) Writing a summary of field notes indicating observations during field surveys, for example: sensitive areas that should be protected, threats to certain vegetation communities or specific areas, patterns of inconsistency with the computer generated map, and recommendations to improve field verification process. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosda+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:t.Craig Britton R-99-65 Page 2 Tamara Kan, a plant ecologist consultant who completed the Invasive Exotic Plant Inventory for the District in 1997, is proposed to conduct the field checking of the vegetation maps. She will systematically define representative vegetation communities to survey and determine the most appropriate mapping method to meet the District's objectives. Once this is completed, corrections to the existing maps will be made using the field data. Working maps will then be produced to incorporate additional resource information. Staff anticipates completing this mapping project in about 18 months. The resource inventory project will be ongoing as staff continues to populate vegetation maps with additional resource information, such as flora, fauna, natural features, and biotic communities. Staff has begun this process by hiring a consultant team to inventory amphibians on District lands this year. As information is compiled, a comprehensive set of resource maps will be developed to help guide staff in better defining sensitive areas for protection, and in determining management priorities. Prepared by: Jodi Isaacs, Resource Management Specialist Contact person: Same as above Claims No. 99-08 Meeting 99-11 Date: April 28, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5991 350.00 Aaron's Septic Tank Service Sanitation Services 5992 107.17 Adobe Systems Incorporated Software 5993 130.49 ADT Security Services Alarm Service 5994 99.50 Ajax Portable Services Sanitation Services 5995 42.00 All Laser Service Laser Printer Servicing 5996 524.37 American Power Conversion Corp. Battery Backup Phone System 5997 59.80 AT&T Telephone Service 5998 162.00 A-Tool Shed Rentals Equipment Rental 5999 294.40 Bailey's Uniform Boots 6000 9,080.55 *1 BNY Western Trust Company Bond Arbitrage Fees--1996 Notes 6001 2,382.00 *2 BNY Western Trust Company Bond Arbitrage Fees--1993 COPS 6002 800.00 Joe Beatty Real Estate Gagliasso Acquisition 6003 52.50 Cabrillo School District Meeting Facility Rental Fee 6004 282.58 California Water Service Company Water Service 6005 205.00 Camino Medical Group Medical Services 6006 31.16 Cascade Fire Equipment Company Pumper Repair Parts 6007 105.63 Cole Supply Co., Inc. Janitorial Supplies--Distel Building 6008 131.19 Compurun C-D Rom--Computer 6009 64.00 *3 Department of Motor Vehicles Class"B" Drivers License--S. Hooper 6010 43.50 *4 Draegers Market Business Meeting Expense 6011 120.00 Emily &Associates Planning Team Consultant 6012 84.00 Employment Development Department Unemployment Insurance 6013 72.95 Film To Frame Film & Developing 6014 23.56 Foster Bros. Security Systems, Inc. Padlocks 6015 3,600.00 Earl Gagliasso Gagliasso Acquisition 6016 3,600.00 Gordon Gagliasso Gagliasso Acquisition 6017 45.55 G & K Services Shop Towel Service 6018 4.97 G. Neil Companies Office Supplies 6019 122.32 *5 Gilroy Motorcycle Center Shop Manuals 6020 352.02 Green Waste Recovery, Inc. Dumpster Service 6021 44.18 GTE California Cellular Phone Service 6022 136.77 Guy Plumbing & Heating, Inc. Plumbing Repairs--Distel Building 6023 598.09 Hyster Sales Co. Bobcat Repairs 6024 119.60 Jobs Available, Inc. Recruitment Advertisement 6025 6.50 Kinko's Copy Service 6026 825.00 Law Enforcement Psychological Services Recruitment Assessment Testing 6027 29.71 Life-Assist, Inc. First Aid Supplies 6028 87.05 Los Altos Garbage Company Dumpster Service 6029 406.75 Lucent Technologies Phone System Maintenance 6030 182.85 MCI Long Distance Phone Service 6031 85.41 MetroMobileCommunications Radio Repairs 6032 3,225.25 Meyers, Nave, Riback, Silver&Wilson Legal Fees-Richard vs. MROSD 6033 584.50 Mission Valley Ford Vehicle Repairs 6034 70.36 Moffett Supply Company Janitorial Supplies--Foothills Office 6035 119.00 Northern Energy Propane Service 6036 259.89 Office Helper Office Supplies Page 1 Claims No. 99-08 Meeting 99-11 Date: April 28, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6037 1,217.42 Pacific Bell Telephone Service 6038 25.00 Palo Alto Utilities Black Mountain Utilities 6039 302.81 PIP Printing Card Printing 6040 744.64 Pitney Bowes Credit Corp. Postage Meter Servicing 6041 1,000.00 Town of Portola Valley Restroom Permit Retainer 6042 189.01 Recreational Equipment, Inc. Uniform Supplies 6043 50.50 Regal Dodge, Inc. Vehicle Repairs 6044 467.70 Roy's Repair Service Vehicle Servicing 6045 779.04 San Francisco Newspaper Agency Recruitment Advertisement 6046 649.80 San Jose Mercury News Recruitment Advertisement 6047 660.62 Shell Oil Company Fuel 6048 135.00 Soil & Plant Laboratory, Inc. Soil Testing--Windy Hill Parking Lot 6049 18.00 State Coastal Conservancy Subscription 6050 137.48 Summit Uniforms Uniforms 6051 499.90 Target Weed Abatement Supplies 6052 60.00 Terminix Pest Control Service--DC Building 6053 390.93 Therma Corp. HVAC Maintenance--DC Building 6054 3,000.00 United States Postmaster Postage 6055 4,314.80 -6 VISA 498.40 Business Meeting Expense 45.10 Radio Repair 341.42 Uniform Parts 1296.94 Office Supplies 469.72 Field Supplies 1663.22 Registration, Memberships, and Conference Expense 6056 62.14 West Group Payment Center Legal On-Line Service 6057 4013 Wheelsmith Patrol Bike Repair 6058 360.12 Wheelworks Tires 6059R 1,185.00 1999 Public Sector Employment Law Conference-J.Escobar, S. Schectman & Conference D. Dolan 606OR 1,000.00 North American Title Company Acquisition Deposit 6061 R 8.22 UPS Parcel Postage 6062R 83.53 Petty Cash Business Meeting Expense, Office and Field Supplies, & Photographic Supplies *1 Urgent Check Issued April 16, 1999 *2 Urgent Check Issued April 16, 1999 *3 Urgent Check Issued April 21, 1999 *4 Urgent Check Issued April 14, 1999 *5 Urgent Check Issued April 14, 1999 *6 Urgent Check Issued April 27, 1999 In the event agenda Item#1 is not approved, this claim will not be processed. Total 47,136.01 Page 2 Claims No. 99-08 Meeting 99-11 Date: April 28, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5991 350.00 Aaron's Septic Tank Service Sanitation Services 5992 107.17 Adobe Systems Incorporated Software 5993 130.49 ADT Security Services Alarm Service 5994 99.50 Ajax Portable Services Sanitation Services 5995 42.00 All Laser Service Laser Printer Servicing 5996 524.37 American Power Conversion Corp. Battery Backup Phone System 5997 59.80 AT&T Telephone Service 5998 162.00 A-Tool Shed Rentals Equipment Rental 5999 294.40 Bailey's Uniform Boots 6000 9,080.55 *1 BNY Western Trust Company Bond Arbitrage Fees--1 996 Notes 6001 2,382.00 *2 BNY Western Trust Company Bond Arbitrage Fees--1993 COPS 6002 800.00 Joe Beatty Real Estate Gagliasso Acquisition 6003 52.50 Cabrillo School District Meeting Facility Rental Fee 6004 282.58 California Water Service Company Water Service 6005 205.00 Camino Medical Group Medical Services 6006 31.16 Cascade Fire Equipment Company Pumper Repair Parts 6007 105.63 Cole Supply Co., Inc. Janitorial Supplies--Distel Building 6008 131.19 Compurun C-D Rom--Computer 6009 64.00 *3 Department of Motor Vehicles Class"B" Drivers License--S. Hooper 6010 43.50 *4 Draegers Market Business Meeting Expense 6011 120.00 Emily &Associates Planning Team Consultant 6012 84.00 Employment Development Department Unemployment Insurance 6013 72,95 Film To Frame Film & Developing 6014 23.56 Foster Bros. Security Systems, Inc. Padlocks 6015 3,600.00 Earl Gagliasso Gagliasso Acquisition 6016 3,600.00 Gordon Gagliasso Gagliasso Acquisition 6017 45.55 G & K Services Shop Towel Service 6018 4.97 G. Neil Companies Office Supplies 6019 122.32 *5 Gilroy Motorcycle Center Shop Manuals 6020 352.02 Green Waste Recovery, Inc. Dumpster Service 6021 44.18 GTE California Cellular Phone Service 6022 136.77 Guy Plumbing & Heating, Inc. Plumbing Repairs--Distel Building 6023 598.09 Hyster Sales Co. Bobcat Repairs 6024 119.60 Jobs Available, Inc. Recruitment Advertisement 6025 6.50 Kinko's Copy Service 6026 825.00 Law Enforcement Psychological Services, In Recruitment Assessment Testing 6027 29.71 Life-Assist, Inc. First Aid Supplies 6028 87.05 Los Altos Garbage Company Dumpster Service 6029 406.75 Lucent Technologies Phone System Maintenance 6030 182.85 MCI Long Distance Phone Service 6031 85.41 MetroMobileCommunications Radio Repairs 6032 3,225.25 Meyers, Nave, Riback, Silver&Wilson Legal Fees-Richard vs. MROSD 6033 584.50 Mission Valley Ford Vehicle Repairs 6034 70.36 Moffett Supply Company Janitorial Supplies--Foothills Office 6035 119.00 Northern Energy Propane Service 6036 259.89 Office Helper Office Supplies Page 1 Claims No. 99-08 Meeting 99-11 Date: April 28, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6037 1,217.42 Pacific Bell Telephone Service 6038 25.00 Palo Alto Utilities Black Mountain Utilities 6039 302.81 PIP Printing Card Printing 6040 744.64 Pitney Bowes Credit Corp. Postage Meter Servicing 6041 1,000.00 Town of Portola Valley Restroom Permit Retainer 6042 189.01 Recreational Equipment, Inc. Uniform Supplies 6043 50.50 Regal Dodge, Inc. Vehicle Repairs 6044 467.70 Roy's Repair Service Vehicle Servicing 6045 779.04 San Francisco Newspaper Agency Recruitment Advertisement 6046 649.80 San Jose Mercury News Recruitment Advertisement 6047 660.62 Shell Oil Company Fuel 6048 135.00 Soil & Plant Laboratory, Inc. Soil Testing--Windy Hill Parking Lot 6049 18.00 State Coastal Conservancy Subscription 6050 137.48 Summit Uniforms Uniforms 6051 499.90 Target Weed Abatement Supplies 6052 60.00 Terminix Pest Control Service--DC Building 6053 390.93 Therma Corp. HVAC Maintenance--DC Building 6054 3,000.00 United States Postmaster Postage 6055 4,314.80 VISA 498.40 Business Meeting Expense 45.10 Radio Repair 341.42 Uniform Parts 1296.94 Office Supplies 469.72 Field Supplies 1663.22 Registration, Memberships, and Conference Expense 6056 62.14 West Group Payment Center Legal On-Line Service 6057 40.23 Wheelsmith Patrol Bike Repair 6058 360.12 Wheelworks Tires *1 Urgent Check Issued April 16, 1999 *2 Urgent Check Issued April 16, 1999 *3 Urgent Check Issued April 21, 1999 *4 Urgent Check Issued April 14, 1999 *5 Urgent Check Issued April 14, 1999 In the event agenda Item#1 is not approved, this claim will not be precessed. Page 2 Regional Open Sj,.4ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manage DATE: April 28, 1999 SUBJECT: FYI 30 Distel Circle m Los Altos, CA 94022-1404 • Phone: 050-691-1200 FAX:65 0-691-0485 * E-mail: mrosd@openspa(-e.org o Web site:www.opensl)ace.org Board or threctors:Pete Siemens,Mary C. Davey,led Cyr,Deane tittle, Nonelle Hanko,Betsy Crowder, Kenneth C. Nitz +General Manager:L.Craig Britton STATE OF CALIFORNIA-RESOURCES AGENCY Gray Davis,Governor DEPARTMENT OF PARKS AND RECREATION Santa Cruz District Portola Redwoods and Castle Rock State Parks 9000 Portola State Park Road, Box F La Honda, California 94020-9717 (650) 948-9098 FAX (650)948-0137 April 25, 1999 Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Britton, I realize this letter will reach you after the public meeting held on April 14, 1999, with your Board of Directors. At this meeting they were considering the acquisition of two 40-acre properties in San Mateo County to add to Long Ridge Open Space Preserve. As your lands bound the new acquisition area on two sides, and Portola Redwoods State Park bounds it on a third, this is an advantageous purchase. It may eventually lead to a new trail connection between Open Space and State Park lands through the Slate Creek area. It will also provide a broader wildlife corridor. 1 wish to extend the support of State Parks for this acquisition and our willingness to work with you to plan and name trails, and discuss your proposed uses which will also affect Portola. As you may already know, State Parks, through the efforts of Sempervirens Fund, has recently acquired a 160 acre parcel on the south boundary of Portola where Ward Road and Slate Creek leave park property. The ability to acquire lands that connect parks, provide more trails, and preserve wild lands is a goal both of our agencies share. Sincerely, Holly P. Huenemann Supervising Ranger P.S. The name of Portola State Park was changed to Portola Redwoods State Park in November, 1996. This park has almost doubled in size since its establishment in 1945, and contains many groves of old growth redwood. I request that the current name be used on future publications by your District to avoid public confusion. Thank you. APR STATE OF CALIFORNIA-RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION GRAY DAVIS Govemor P.O.BOX 942896 SACRAMENTO,CA 94296-0001 (916)653-8380 APR 16 1999 Betsy Crowder Director, Ward 6 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Dear Ms. Crowder: Thank you very much for the information you sent me about the Midpeninsula Regional Open Space District. Just looking at the map you sent shows many things: how much good work has been accomplished, how much there is left to do, and how we all need to work together to preserve crucial and diminishing open space in the San Francisco Bay Area. Once again, thank you. 1 look forward to working with you and the other Directors and staff in the future. Si rely sty r ias Dire or Regional e .,ce 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: April 23, 1999 SUBJECT: FYI 330 Distel Circle - Los Altos, CA 94022-1404 « Phone:650-691-1200 FAX:050-691-0485 . E-mail: mrosdrropenspace.org a Web site:www.ol)enspace.org Board of Direrlors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Niti .(most ManJr;er I Craig Britton Regional Open _%_ -ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 20, 1999 Leda Beth Gray Member, Board of Directors Santa Clara County Audubon Society 22221 Mc Clellan Road Cupertino, CA 95014 Re: Castle Rock State Park Master Plan Dear Ms. Gray: Thank you for your letter of April 13, 1999 urging the Board to support designation of Castle Rock State Park as a Wilderness Area. The Board heard from proponents of the wilderness designation at its February 10, 1999 meeting, and heard a presentation from State Parks staff on the Master Plan, and additional testimony from wilderness proponents, at its April 14 meeting. District Board members and staff have participated in the State Parks' planning process and reviewed the draft Master Plan. While the Master Plan provides for a higher level of use than would ordinarily be considered for a District open space preserve, we recognize that State Parks has a somewhat different mission than this District. They are accommodating the overnight car camping use that the District does not,thereby providing an important recreational opportunity for many who would otherwise have little exposure to the natural environment. While we might wish that all lands could be preserved to the fullest extent possible, it is clear that by long-established statewide criteria, Castle Rock does not qualify for a wilderness area designation. Overall, the Master Plan appears to be a thorough evaluation and plan, and consistent with the objectives of the organization responsible for managing the land. The District respects other agencies' responsibilities to plan and manage their holdings according to their adopted mission, standards, and policies. Sincerely Jed Cyr, President Board of Directors JC:ra cc: Jan Anderson, Superintendent Santa Cruz Mountains District California Department of Parks and Recreation 330 Distel Circle - Los Altos, CA 94022-1404 • Phone: 650-691-1200 " FAX: 650-691-0485 - E-mail: mrosdrropenspace.org • Web site:www.openspace.org Board of Drrectorti:Pete Siemens,Mary C. Davey, led Cyr, Deane Little Nonette Hanko, Bettis Cro��der, Kenneth C. Nitz - General Manager:L.Craig Britton STATE OF CALIFORNIA-RESOURCES AGENCY GRAY DAVIS Governor DEPARTMENT OF PARKS AND RECREATION P.O. BOX 942896 SACRAMENTO 94296-0001 April 16, 1999 To whom it may concern: The Department of Park and Recreation has extended the public review of the Preliminary General Plan for Castle Rock State Park to May 14, 1999. If you have already sent comments, you may send additional comments by May 14. Please send your comments to: Northern Service Center California Department of Parks and Recreation 1725 23rd Street, Suite 200 Sacramento, CA 95816-7100 Robert Ueltzen Northern Service Center Regional Open ,%- -ice s 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 20, 1999 Richard J.Bonin 926 College Avenue Menlo Park, CA 94025 Re: Road Maintenance, Slate Creek Area,Long Ridge Open Space Preserve Dear Mr.Bonin: Thank you for your letter of April 9, 1999 regarding road maintenance and repair for access to your property in the Slate Creek area. You asked about the District's schedule for repair and maintenance of the road leading to the lower portion of your property. The District does not have a significant current need for access to these areas. Generally,the legal obligation to maintain private roads is based on proportionate use of the roads. The only regular user of the road in this area is the District's tenant,Mr. Jay Thorwaldson,who has done a significant amount of work on the road as far as his home(the former Landre residence). While it does not have a legal obligation to do so,the District has invested far more in repairing and maintaining these roads over the past few years than its proportion of use. This includes $1400 spent on School Road in 1995 for repairs to storm damage,and over$50,000 spent on School Road in 1997 to repair a major slip-out from 1995 that threatened to close the road. The District is planning to spend approximately$7,800 this summer to repair a slide on School Road, as noted on the attached map. This slide was partially repaired by neighbors in summer 1998,but it failed again that following winter,and was temporarily reopened by our crews. These repair expenditures are in addition to our ongoing work to install and maintain culverts,grade the road surface,and correct drainage problems. As all property owners with access rights over the road have an obligation to contribute to road maintenance in proportion to their use,you should consider participating in the ongoing costs if you expect to have the access road to the lower portion of your property maintained. We would be interested in working with you to develop a road maintenance agreement similar to those in place on many other private roads within the District. Skyline Area Superintendent David Sanguinetti, (650)949-1848,can provide more detailed information about participating in the road repair and maintenance efforts. S' erely,A L. rai9 tton General anager LCB:ra cc: Board of Directors David Sanguinetti 330 Distel Circle • Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX: 650-691-0485 . E-mail: mrosdaopenspace.org Wei)site:www.openspace.org Board or Directors:Pete Siemens,!vlary C.Davey,led Cyr,Deane Little, Nonette Flanko, Betsy Crowder,Kenneth C.Nitz -General.Alanager:L.Craip;Mitton MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LONG RIDGE OPEN SPACE 0.4 PRESERVE 4ong Ridge • (LR04) Road 0.5 0.5 @) • l 0 0.1 • cc 0• �-♦ 0.7 3yard 0.2 Ro • u a0 �7 hoc°o,��oaa 0 0.4 O (LR05) .2 LR02) $5.0,000 REPAIR rYoa�s 0.5 � . PROJECTS 0.1 ME--FORMER ' • COMPLETED 1997 PLANNED LANDRE 1 REPAIR —�X RESIDENCE � 2600 ° 0.2 Ranch . 0.9 0.3 2400 • 2200 2000 . • LR08) 0.2 1800 �•'�6 Road Gcee 600 �a'�e • : Portola • • State Park • : 1400 • i 1200 • • schlyd.ai i April 9, 1999 L. Craig Britton, General Manager Mid-Peninsula Regional Open Space 130 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Britton: We are long-time owners of a 40-acre parcel of land in the Slate Creek area of Portola Park Heights(Parcel #085-080-050). Over the past several years, the Mid- Peninsula Regional Open Space District has acquired several parcels in that area, including Parcel #085-160-090 and 085-160-100. This makes us neighbors and users of the same access roads. Since Open Space has owned these parcels, they have done little or nothing to maintain their share of the roads. We have always made an effort to keep the culverts open and the roads graded well enough to ensure safe passage. The El Nino winter caused major destruction on the access road along Slate Creek. After waiting all summer for the roads to be repaired, I finally went to assess the damage on my own parcel. I experienced an accident on your property. Due to the narrow and poorly graded road, my truck slid off the road into a large ditch, resting on its side against the bank. It took several hours to get out, resulting in some damage to my vehicle and an injury to my arm. We feel it is the responsibility of all property owners to maintain their portion of the road. We request that you repair the roads on your properties as soon as possible so that we can be assured of safe access to our parcel. Please notify us either by phone or by mail as to your time schedule on this matter. Si�ely�yours Richard J. �_oni�no 926 College Ave Menlo Park, CA 94025 (650)323-9292 cc: Pete Siemons, Board of Directors, Ward 1 Mary C. Davey, Board of Dlrectors, Ward 2 APR 3 Jed Cyr, Board of Directors, Ward 3 Deane Little, Board of Directors, Ward 4 Nonette G. Hanko, Board of Directors, Ward 5 _ Betsy Crowder, Board of Directors, Ward 6 Kenneth C. Nitz, Board of Directors, Ward 7 Regional Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 19, 1999 To: Board of Directors From: L. Craig Britton, General Manager Subject: Addition of the Eugenia Rhinehart 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 November 23, 1998 and a Gift Deed was recorded that day 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 has now 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, Georgette Y. Monaghan on July 30, 1998, Eugenia Rhinehart on November 23, 1998, and Barbara 1. Smith on April 6, 1999. The District's interest in the property is now 5/42. 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 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 ,••'o. ST.JOSEPH-S HILL OPEN-SPACE,PRIS-ERVE )sAza) y.6 • /1 (s)02) °i .3 0 0•5 4.1 i v y St. Y- �_ 0. N ° 0.2 0.2 ° HJI ,^ r 1 f 17 0.20.2 0.1° C ) 1 J 0.9 0.5 A s 0 } FA22)r l• �n �X 2000 (sA21) LEXINGTON ° ' �PriPff ° 2200 ~COUNTY sAzs) 1.0 Roes — 2400 PARK rrai/ jrail 2400 (( _ GIFT OF Priest' ° l.o }� 2600 � . 1/42 INTEREST ��' �Pnn�yT 2200 2 (KIRSCHBAUM) 1.6 2800 � ` Trail � SOdas 3.0 .� / 1800 2000 f 2400 1600 (SA79) 1400 J \J 1200 22 2600 00 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile ' 1600 EXHIBIT A: PROPERTY LOCATION MAP 4/99 MEMORANDUM Date: 14 April 1999 To: All Staff From: Deirdre Dolan Re: Administration Changes Beginning April 1,the Board approved some changes to the Administration program. To help avoid confusion, please check out the summaries below when you need to ask questions or get help from Administration. Thanksl Who's Doing What: • Deirdre(Administration/Human Resources Manager) ■ All human resources functions ■ Risk management(insurance) • Policies and procedures ■ Space allocation and planning ■ Oversees accounting, purchasing, payroll,and auditing • Supervises Peggy, Susan, Laurie, and Bunny ■ Peggy(Senior Administrative Analyst/District Clerk) • Agenda and Board packet coordination; District Clerk ■ Computer system administration • All recruiting functions(BEFORE an employee is hired) • Contract administration ■ Elections and appointments of Board members • Supervises the Network Specialist • Susan (Office Manager/Secretary to General Manager) ■ Agenda and packet preparation • Office and equipment management • Secretary to the General Manager • Coordination of support staff • Supervises MaryAnne • Laurie(Administrative Secretary) ■ Benefits forms and processing • Workers compensation accidents and injuries • Accruals ■ Performance evaluation forms and schedules • Bunny (Accounting Specialist) • Accounting, purchasing, payroll, petty cash ■ (Network Specialist) to be hired by)une 30, 1999 ■ solves day-to-day problems with the computer system and network • Software installation and tutoring ■ MaryAnne (Receptionist) ■ Reception • Reservation of District vehicles and meeting rooms • Mail and Fax distribution ■ Office supplies Regional Open *ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 20, 1999 Board of Supervisors County of Santa Clara 70 West Hedding Street San Jose, CA 95110 Re: Prospect Road Safety and Parking at Fremont Older Open Space Preserve Honorable Members of the Board of Supervisors: I understand that Steve and Linda Stuckey addressed you under Public Presentation at your public meeting of March 23 expressing concern about the parking area at the end of Prospect Road in the District's Fremont Older Open Space Preserve. I am writing to provide additional background information on the parking situation at the Preserve. The existing parking area is not formally developed. It is a large unpaved pullout off the private portion of Prospect Road. It will accommodate about 24 cars if they are parked closely together. The area has been used for parking since well before the District acquired the property as a public open space preserve in 1975. There are also a few roadside parking spaces on Regnart Road, as indicated on the attached map. Improved parking areas are available in Stevens Creek County Park with trail connections to the preserve; however, these areas do not provide formal or direct access to the central portion of the preserve. The preserve is very popular with local residents and there has always been more demand for parking than available spaces. Parking along the public portion of Prospect Road has been a problem in the past. Local residents and District staff have worked with the County Roads and Airports Division to arrange the placement of"no parking" signs along the portion of Prospect Road leading to the preserve. District rangers have played a major role in enforcing the parking restrictions and controlling parking within the preserve. The District has sought opportunities for additional parking areas since the preserve was first established. This has been problematic because the preserve is surrounded by existing development and is some of the most expensive real estate in the area. The District has completed exhaustive studies and preliminary plans for parking alternatives in and around the preserve. The Stuckeys and other neighbors have been informed and involved in these studies, as have County and local city staff members. After reviewing all the alternatives, the District's Board of Directors determined on November 18, 1998 that the improvement of the existing informal parking area, with an expansion to approximately 34 spaces, is the preferred alternative. There are issues and 330 Distel Circle o Los Altos, CA 94022-1404 a Phone: 650-691-1200 FAX: 650-691-0485 * E-mail: nirosd@opens[)ace.org * Web site:www.openspace.org Board of Dire(tors:Pete Siemens,,Mary C. Davey,led Cyr, Deane Little, Nonette tianko, Betsy Crowder,Kenneth C, Nitz •General 84aimger:I.Craig Britton Santa Clara County Board of Supervisors April 6, 1999 Page 2 local opposition with this alternative, and with all of the other alternatives. The other alternatives, however, were even less desirable and more difficult to accomplish, as recognized by the Board of Directors. The project is not in the District's current capital improvement program due to prior budget commitments, but is expected to be undertaken in year 2000. This would entail application to the County for planning review and approval. In the interim, the District is actively pursuing alternative sites and arrangements for parking involving additional site acquisition. None of these alternatives are likely to eliminate the need for improvement of the Prospect Road parking area. Overall, the District seeks a reasonable balance between the access needs of the taxpayers who helped purchase the preserve, and the interests of the local residents. Our long term goal is to secure a limited amount of parking and access in several locations around the preserve. Randy Anderson, the District's Planning Manager, is available to respond to any add* *onal questions or Concerns. add 0 na qu estions or c ly erely' L. r r j tto ai B tton General Manager cc: Board of Directors Midpeninsula Regional Open Space District John Gibbs FREMONT LDER OPEN SPA&E PRESERVE MIDPENI SULA REGIONAL OPEN SPAC - DISTRICT 600 t < t I� • 600 � �i N '��lir s yea. Mgr a Bicycle riders must wear rq r C 800 w CC f approved helmets in both ors �1f j 'cs- Ar0.6 ' � Fremont Older OSP and , Stevens Creek County Park All,944roou & 0.7 I . I,o.4 y¢[ p ---------- 0.2 600 0.2 U } } j ^ � 800 0.2 7.0 roas� N •'�c�v: Soo •' � ,., � Hunter's +�IFoWi Point Ranch, 0a 0.2 0.5 hQ n ` � 0.7 e cvi, z y. 0.1 S 0.5 0.7 -+ Hayfield v 12.0 Trail 0.1 800 „ C 0.1rz f3 0..1 Cora Older C 0.3 / Trail Q 0.2 0� 0.4 h 0A Fern O ;Fo°'1 . Trail O 0.2 c, Stevens Creek o3 m County Park Maisie's 0.5 C (Santa Clara County) 0.3 0.2 Peak O p. •�... o� 0.2 t, i ,. ... 0.6 •�� Bay View Trail 800 © O: i G 60o . f�. Coyote 0.4 0.4Rde Tl 0.4 To on ral SUO Ttail NOTE:...: _ L 0.6 Toyon Trail is subject = 1200 Cowry rar6 ® OO i to seasonal closure. nta�n � - ,® Nob �`��• Vista Loop b luuo Trail 1000 Hill v Stevens }`- 800 t C inyon® ® Mt Eden ".o' • Contact Stevens Creek ROdd County Park for more •` county park Information. / Garrodr 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 1/99 One Mile Map Legend Trail Use Gate(:) Vehicle til l ElHiking,Bicycling, Hiking,Bicycling 1 0 Driveway Equestrian Dogs on Leash •-� Vehicle Roadside Restrooms Residence Point of Visitor Other No ........ Permitted on all Trail Distance Parking Lot Parking Interest Center Public Public Entry n,Miles Lands rrivate or Hiking Only Hiking,Equestrian Fremont Older Trails Leased lands Regional Open Soce ----------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM (PLEASE SAVE / POST) April 6, 1999 To: District Staff and Board, other interested parties From: Planning Program Re: Planning staff positions and responsibilities- FYI This information is intended to help clarify current roles and responsibilities within the District's Planning Program. This reflects the organizational changes and additional positions implemented April 1, 1999: Randy Anderson — Planning Manager • Planning Program management - focused on Planning team organization, project development, advance and strategic planning, supervision and support of other Planners • General clearinghouse - who to ask when you don't know who to ask. • Management Team member • Foothills Area Liaison - contact for Foothills area projects and issues, coordinates w/ Foothills field staff. • Supervises Mary, Matt, Doug, and new Planning Secretary Mary de Beauvieres - Senior Planner • Planning Program administration - focused on coordination of on-going administration (i.e. budget, work program, action plan preparation) • Management of complex current and policy planning projects, supervision and support of other Planners • Skyline Area Liaison - contact for Skyline area projects and issues, coordinates with Skyline Area field staff • Supervises John, Ana, JoAnne, and new Planning Technician John Cahill - Planner 11 • Construction and repair project planning and management (other Planners also participate) • Improving methods for construction project administration and contracting • Consulting with other departments on special projects (ie. arborist issues, surveying) Matt Freeman - Planner 11 • GIS project management and general coordination • Advance and resource planning assistance • Management of significant planning projects • Coastal Annexation Project Liaison (continued on reverse) 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 Oirector,:Pete Siernen,_%Aary C. Dave% led Cyr, Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C.Nitz •General Manager:L.Craig Britton Doug Vu — Planner I • GIS and mapping project coordination • Management of planning projects and assistance on larger projects • Backup to Acquisition Program on acquisition report preparation, review of outside projects Ana Montaflo - Planning Technician • GIS and map graphic coordination and production • Sign coordination and production • Management of small planning projects and assistance on larger projects (Under Recruitment) — Planning Technician • GIS and map graphics production • Sign coordination and production • Management of small planning projects and assistance on larger projects JoAnne Swirsding - Planning Secretary (currently half time - a.m., plan to hire full time person by July '99) • General support- packet, reception back-up, etc. • Word processing, spreadsheets, databases, filing, library management • Meeting scheduling, agendas, and notes Related functions outside Planning: A new Land Acquisition and Protection team has been formed, consisting of: Mike Williams — Real Property Representative (supervises Lisa) Del Woods — Senior Acquisition Planner (supervises Land Protection Specialist) Lisa Zadek— Real Property Assistant Land Protection Specialist (under recruitment) Mike and Lisa will continue to be responsible for enterprise structures and agreements. Together, the group will be responsible for acquisition studies and reports, review of projects and proposals on adjacent land, and response to encroachments and issues related to rights on District land. The Planning Program will continue to assist or back up on these functions when workload requires. INTER-OFFICE MEMORANDUM April19, 1999 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month March Year 1999 VIOLATIONS TOTALS CITES CRIMES TOTALS CITES Bicycles None 0 0 Closed area 23 23 Speed 3 1 ACCIDENTS/INCIDENTS Helmet 10 6 Bicycle 1 Night-riding 0 0 Unsafe operation 0 0 ENFORCEMENT Dogs Citations 55 Prohibited area 3 1 Written warnings 29 Off-leash 7 1 Arrests 0 Off-road vehicles 1 0 Police assistance 1 Closed area 0 0 After hours 0 3 MUTUAL AID Vandalism 25 0 Accidents 2 Parking 20 6 Law Enforcement 0 Parking after hours 15 7 Search 1 Dumping/littering 1 0 Campfires 0 0 Camping 0 0 Weapons Actual contact 0 0 Report only 0 0 Evidence of 0 0 Exhibition of speed 1 0 SUMMARIES OF SIGNIFICANT INCIDENTS Mar.9: A fence along Skyline Blvd. Was cut and an off-road vehicle attempted to `hill climb' the muddy firebreak disc line at Russian Ridge OSP. The fence was repaired. C. Beckman, W. Phillips. Mar. 9: T. Randall discovered an unknown oil substance in Sierra Azui OSP and requested a Haz Mat response. County Fire, CDF, J. Kowaleski, and county roads responded. County roads took responsibility for the clean-up because one of the county crews had dumped the material. Mar. 10: District rangers assisted the San Mateo Sheriff's Office in conducting a search for a missing 85-year-old woman resident of the King Mtn. Area. Rangers checked roadways adjacent to El Corte de Madera and Purisima OSPs. The woman was found deceased near her home on Native Sons Road. D. Sanguinetti, W. Phillips. Mar. 19: A dog off leash violation was observed by T. Randall at Fremont Older OSP. The visitor often hikes in the area later in the day, when no one is around. A citation was issued. Mar. 19: K. Carlson stopped a visitor for helmet required and dog off leash violations in Fremont Older OSP. The visitor told Carlson that since he couldn't run his dog on leash, he usually comes at dark when no one is around. A citation was issued for both violations. Mar. 27: Thirteen individuals At El Corte de Madera OSP were issued citations for riding a bicycle on the closed portion of Methuselah Trail (closed due to washouts from recent storms). Mar. 28: Three bicyclists were stopped by M. Newburn at Fremont Older OSP for riding without helmets. All three were issued citations. One cyclist had a $1,800 traffic warrant. A deputy responded and cited and releasedthe cyclist with the warrant. K. Carlson and T. Lausten assisted. Vandalism Incidents: Mar. 1: Five climbing regulation and information signs in Long Ridge OSP were stolen. There was also graffiti on regulation signs. Mar. 2: K. Miller discovered that the Vista Point fence at Pulgas Ridge OSP had holes cut in two sections of it. The damage was repaired. Mar. 4: M. Jurich discovered the chain was cut at gate SA06 in Sierra Azul. K. Carlson secured the gate with a new section of chain. Mar. 6: T. Randall discovered that someone had spray painted "**** You Rangers" on the guard rail at gate SA06. K. Carlson painted over the obscenity. Mar. 6: "Closed not a trail" sign bent at El Corte de Madera. Mar. 9: Fence vandalized at Russian Ridge to gain ORV access (see above). Mar. 22: An "Area Closed" sign at El Corte de Madera OSP was discovered missing. Mar. 24: Fourteen separate acts of vandalism at El Corte de Madera OSP were discovered. Various trail direction signs, area closed signs and wire fence barriers were damaged or removed. Most of the trail direction signs were located nearby and reinstalled. W. Phillips, B. Downing. Mar. 28: M. Jurich discovered the split rail fence at Rancho had been vandalized. M. Newburn reported that one section of fence had been removed from the ground. The post was reset. Regional Open r ice ........... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager -1K,C'\-� FROM: M. Williams, Real Property Representative DATE: April 13, 1999 -REVISED SUBJECT: Marden Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 3, 1998 and title to and possession of this 20-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of November 12, 1998. The approved use and management recommendations included authorization for the removal of the structure and debris on the subject property and to solicit bids for this dean up project if the cost exceeded the General Manager's spending authority ($10,000.00); however, this clean up was accomplished by Tobar Construction within budgeted authority,who was demolishing adjacent structures under a successful bid contract with the District. DEDICATION CHART INFORMATION Dedication Board Status Approval Closing Dedication (intended or Preserve Area Grantor Date Date Date Acres Withheld? Notes Sierra Awl Mt.um Marden 11-12-98 12-3-98 20 Withheld cc: Board of Directors D. Dolan Operations Planning B. Congdon MSIERRAWarden Closing Memo-REVISED.wpd 330 Distel Circle • Los Altos, CA 94022 1404 * I'llone: 650-691-1200 FAX:050-091-0485 * E-mail: Wei)site:www.opetispace.org Ho,ird of0ire(toic:Pete Siemens,Mary C. Davey,I ed Cyr,Deane I i I I Ie, Nonette I Linko, licisy Crowder, Kennet I i C. Ni I z -General A ld I),iger:L.Craig 13ri I Ion Regional Open 5, ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 14, 1999 The Honorable Liz Figueroa Member, California State Senate State Capitol, Room 2057 Sacramento, CA 94248-0001 Dear Senator Figueroa, On behalf of the Midpeninsula Regional Open Space District I would like to express our support for Senate Bill 494 which appropriates $5 million for Bay Trail Development Program projects. The Open Space District owns and manages nearly 44,000 acres of open space in the foothills and baylands between the cities of Los Gatos and San Carlos and is a enthusiastic partner in the San Francisco Bay Trial Project. Near the bay, the District's jurisdiction extends from San Carlos to Sunnyvale and includes a significant portion of the 400-mile Bay Trail. The trail is a continuous shoreline pathway that will ring San Francisco and San Pablo Bays. About 210 miles are now open to the public for recreation and transportation.Numerous segments all around the Bay are ready to build but lack the funds for construction and maintenance. The requested funds would support a proven successful program. It is designed to: • leverage significant public and private cash and in-kind contributions from local project sponsors; • provide valuable job training and skills development by employing the California Conservation Corps and local corps to build, landscape and maintain the trail; • promote partnerships among government, businesses and community groups; and • increase awareness of the Bay Trail and efforts needed to complete it. In the past,the Regional Development Program has funded important projects in our region and is particularly important to the us now as it could assist in our endeavors to develop a portion of the Bay Trail around Moffett Field. The proposed multi-agency project partners the District and City of Mountain View in implementing a segment of trail that will provide a model for completing one of the most difficult gaps in the Bay Trail. If SB 494 is successful, the Regional Development Program could be very instrumental in providing the much needed funds to finish the design and construction phase of this project. Thank you for your consideration and your support of open space and park lands in the Bay Area. Sincerely, ; 1 1 d Cyr, resident MROSD Board of Directors JC/dw 330 Distel Circle . Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 . E-mail: mrosdr@openspace.org Web site:www.open space.org Board of(hectors:Pete Siemens, Mary C. Datiev,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder, Kenneth G Nitz . General Manwer:L.Craig Bripon