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HomeMy Public PortalAbout19990526 - Agendas Packet - Board of Directors (BOD) - 99-13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-13 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California May 26, 1999 ***PLEASE NOTE*** 6:30 P.M. Closed Session Start Hme 7:30 P.M. Regular Meeting Start Time (6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Meeting, and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference With Real Prop M Negotiator- Government Code Section 54956.8 Real Pr=a: Santa Clara County Assessor's Parcel Numbers: 544-28-004; 544-29- 006; 544-30-002 & -003; 544-31-002, -003, &-004; 544-33-001, -002, &-003; 544-33-014; 544-50-001; 544-50-004; 544-56-004; 558-41-007; 558- 41-011; 558-41-017 &-018; and 558-42-001. Agency Negotiators: L. Craig Britton Negotiating Parties: Arlie Land&Cattle Company, John Musumeci; Peninsula Open Space Trust, Audrey Rust Under Negotiations: Instructions to negotiator will concern price and terms of payment. 2. Conference With Real Prosy Ne tg� iator - Government Code Section 54956.8 Real Pro M: Rancho San Antonio County Park located on Cristo Rey Drive, Cupertino Agency Negotiator: L. Craig Britton Negotiating Parties: Paul Romero, Parks Director of Santa Clara County Under Negotiation: Instructions to negotiator will concern price and terms of payment for a lease. 330 Distel Circle: . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX: 650-691-0485 • E-mail: t7irosd@openspac:e.org . Web site:www.openspace.org Hoard of(hectors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Mmette Hanko, Retsv Crowder, Kenneth C. Nit/ •Generr!Nlmm,r;er:L Crait;ftritton Meeting 99-13 Page 2 (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS SPECIAL ORDER OF THE DAY 1. Introduction of New Docents and Trail Patrol Volunteers -- C. Bruins 2. Resolution Honoring Verl Clausen, Retiring Director Sempervirens Fund -- C. Britton ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR --J. Cyr *** APPROVAL OF MINUTES March 24, 1999 (Consent Item) *** WRITTEN COMMUNICATIONS BOARD BUSINESS (7:45) 1. Proposed Addition of Undivided Three-Quarter Interest in the Hubenette 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 Hubenette Property as Addition to Sierra Azul Open Space Preserve; and Indicate the Intention to Withhold Dedication of the Property as Public Open Space at this Time -- M. Williams Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Hubenette Et Al.) (8:00) 2. Authorization for the General Manager to Execute a Permit to Enter Allowing Dirk and Charlene Kabcenell and Their Contractors to Enter Windy Hill Open Space Preserve for the Purpose of Collecting Survey Data and Conducting Geological Tests to Determine the Feasibility of Constructing an Alternate Access to the Adjacent Private Property from Alpine Road and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act -- M. de Beauvieres *#* 3. Authorization for the General Manager to Execute a Right of Entry With CalTrans for Emergency Repairs to State Highway 35 (Coal Creek Open Space Preserve) -- M. Williams *** 4. Authorization for the General Manager to Request a Shortened Review Period From the State Clearinghouse for the Proposed Negative Declaration to Purchase Lands of Arlie Land and Cattle Company to Establish the Bear Creek Redwoods Open Space Preserve Meeting 99-13 Page 3 Resolution Authorizing the General Manager to Submit a Request to the State Clearinghouse for a Shortened Review Period for Proposed Negative Declaration Under the California Environmental Quality Act (Proposed Establishment of Bear Creek Redwoods Open Space Preserve - Purchase of Lands of Arlie Land and Cattle Company) (8:10) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. I Regional Open - )ace w MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-80 Meeting 99-13 May 26, 1999 SPECIAL ORDER OF THE DAY AGENDA ITEM Introduction of New Docents and Volunteer Trail Patrol M tubers GENERAL MANAGER'S RECOMMENDATION -- Welcome new docents and trail patrol volunteers. y DISCUSSION Docents Seventeen docents-in-training completed approximately 52 hours of classroom and field studies on May 22. Staff, current docents, and specialists with expertise in natural history interpretation conducted the training classes. Docents-in-training learned about the District and its efforts to preserve open space. They were also been introduced to basic ecology, common plant communities, wildlife, geology, Native American cultural history, wildflowers, and birding. The 1999 spring training schedule (Exhibit A) is attached. Outdoor Education Docents The "Spaces and Species: Exploring Natural Communities" program at Skyline Ridge continues to be successful. The program has received kudos from teachers, students, and volunteers. Usually, there is a waiting list of school classes that want to attend a field trip. Five volunteers completed the training last fall and began leading field trips this spring. Last fall's training schedule (Exhibit B) is attached. Because we need additional outdoor education docents, we plan to offer the training program twice this fiscal year. Volunteer Trail Patrol Thirteen hikers, bicyclists, and dog-walkers finished trail patrol training May 13. The training, which consisted of two evening classes and one field session, included information on safety, rules and regulations, trail conditions, radio communications, reporting procedures, and District history and philosophy. A role-playing exercise on making positive public contacts was a highlight of the training. The training agenda (Exhibit Q is attached. 330 Distel Circle e Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton All of these volunteers will "graduate" at the"Cheers for Volunteers" recognition event June 24. Many of them will attend your May 26, 1999 meeting to be introduced to you. We welcome the following people to the docent and trail patrol programs: Nancy Aderhold, Palo Alto Alex Maksymowicz, Redwood City Mary Bernstein, Palo Alto Ann Reisenauer, Palo Alto Paul Billig, San Jose Bob Segalla, Mountain View Les Chibana, Palo Alto Tara Smith, San Bruno Carol Espinosa, Portola Valley Paul Valdopalas, Palo Alto John Grout, Sunnyvale Raquel Watjen, Sunnyvale Mary Hackenbrook, Palo Alto Eric Watjen, Sunnyvale Michelle Hsu, La Honda Van Whitis, Palo Alto Lola Lundquist, Santa Clara Outdoor SOU i iio 0010*1111, Karen Adams, Menlo Park Joseph Bove, Palo Alto Katie Callender, Redwood City Jeremy Johnson, Sunnyvale Sandee Sheldon, Santa Clara ` a ,o a r Dorothy Carlson, Sunnyvale Herb Kutscha, Los Gatos Theodore Carlson, Sunnyvale Teresa Nemeth, Santa Clara Michael Creech, Los Altos Stuart Palmer, Sunnyvale Bill Day, Mountain View Johan Rindegard, San Francisco Bruse Glenday, San Jose Edward Scott, San Jose Lynda Haworth, Sunnyvale Denise Williams, Los Altos Hills Ann Koletzke, Menlo Park Prepared by: Carleen Bruins, Visitor Services Supervisor Contact person(s): Lori Raymaker, Docent Coordinator Paul McKowan, Volunteer Coordinator Exhibit A Midpeninsula Regional Open Space District Docent Training Schedule Spring 1999 Session 1: Tuesday, March 9, from 7 pm—9 pm at the District Office Introductions and Orientation If you are interested in joining the program, please attend this meeting. You'll enjoy a District slide show, learn all about the docent program, and have plenty of time for questions and answers. Instructors: Malcolm Smith—Public Affairs Manager Lori Raymaker—Docent Coordinator for MROSD Carleen Bruins—Visitor Services Supervisor for MROSD Session 2: Tuesday, March 16, from 7 pm—9 pm at the District Office Beginning Interpretive Techniques Instructors: Carleen Bruins Phyllis Gow—Foothills Park Ranger and Naturalist Session 3: Saturday, March 27, from 10 am—2 pm at Skyline Ridge Signs of Wildlife Instructor: Tom Lindsay—Inventor and Naturalist Meet at the Skyline Field Office. Park in the Russian Ridge parking lot and walk to the field office. (A map will be provided.) To carpool, meet at the I-280 & Page Mill Road Park & Ride lot at 9:30 am. Session 4: Tuesday, March 30, 7 pm—9 pm at the District Office Meet the Birds! Instructor: Les Chibana—Local birding enthusiast Session 5: Saturday, April 3, 10 am—2 pm at Stevens Creek Shoreline Wetlands Tour and Meet the Birds Instructors: Carol Belew—MROSD Docent Clarie Hollenbeck—MROSD Docent Session 6: Tuesday, April 6, 7 pm—9 pm at the District Office An Introduction to the Ohlone People and Their Culture Instructors: Deborah Bartens—Naturalist for the City of Palo Alto Chris Carson—Naturalist for Santa Clara County Session 7: Saturday,April 10, 10 am—2 pm at Long Ridge Introduction to Ethnobotany (Plant Uses) Instructor: Anne Curran—MROSD Docent To carpool, meet at the I-280 & Page Mill Road Park & Ride lot at 9:30 am. 1 Session 8: Tuesday, April 13, 7 pm—9 pm at the District Office Meet the Reptiles! (and Summer Hikes and Walks Planning Meeting) Instructors: Roger Myers - MROSD Docent Lori Raymaker Session 9: Saturday,April 17, 10 am—2:30 pm at Monte Bello Reptile and Amphibian Ramble Instructor: Roger Myers—MROSD Docent To carpool, meet at the Page Mill Road Park& Ride lot at 9:30 am. Session 10: Tuesday, April 20, 7 pm—9 pm at the District Office Introduction to Earthquake Geology Instructor: Chris DiLeonardo - Geologist Session 11: Saturday, April 24, from 10 am—2 pm at Los Trancos and DNC How to Lead an Earthquake Walk Instructor: Roger Myers - MROSD Docent Brief Daniels Nature Center Orientation Instructor: Lori Raymaker Discover imaginative exhibits and learn how to help visitors explore this popular center. To carpool, meet at the I-280 & Page Mill Road Park& Ride lot at 9:30 am. Session 12: Tuesday,April 27, 7 pm—9 pm at the District Office A Wildflower Treat Instructor: Mabel Crittenden—Author of Wildflowers of the West Session 13: Saturday, May 1, 10 am—2 pm at Picchetti Ranch Wildflower Walk Instructor: Dianne Hunt—MROSD Docent Meet at the Picchetti Ranch parking lot to form car shuttle to trailhead. Session 14: Tuesday, May 4, 7 pm—9 pm at the District Office Introduction to Plant Communities Instructor: Ken Himes—Naturalist Session 15: Saturday,May 8, 10 am—2 pm at La Honda Creek Plant Communities Hike Instructor: Marilyn Bauriedel—MROSD Docent To carpool, meet at the Woodside Road and I-280 Park & Ride lot at 9:30 am. Session 16: Tuesday, May 11, 7 pm—9 pm at the District Office Planning and Leading Hikes Instructors: Carleen Bruins and Lori Raymaker 2 Session 17: Tuesday, May 18, from 7 pm—9:30 pm at the District Office Practice Presentations Session 18: Saturday, May 22, 10 am—2 Pm at Purisima Creek Redwoods The Redwood Forest Community Instructor: Ken Fisher—Local historian To carpool, meet at the parking area at the intersection of Hwy. 92 and Skyline Boulevard (Hwy. 35) at 9:30 am. 3 Exhibit B Outdoor Education Leader Training Schedule Midpeninsula Regional Open Space District Fall 1998 Field training sessions will be held Tuesdays,from 9:30 a.m. to 2 p.m., at Skyline Ridge Open Space Preserve and the David Daniels Nature Center. Bring drinking water and a lunch. Wear layered clothing and sturdy walking shoes. Session 1: September 29 Review the Spaces and Species: Exploring Natural Communities curriculum and core concepts, tour the nature center, and meet Snickers the snake. Instructors: Carleen Bruins, Visitor Services Supervisor Alice Frost, Outdoor Education Leader Session 2: October 6 Habitat Hike—Explore three different "natural neighborhoods." Instructors: Frances Reneau, Outdoor Education Leader Joyce Nicholas, Outdoor Education Leader Lori Raymaker, Docent Coordinator Session 3: October 13 Pond Prowl and Aquatic Lab—Investigate the pond environment and discover what lives in the pond. Instructors: Carleen Bruins Joyce Kiefer, Outdoor Education Leader Session 4: October 20 Signs of Wildlife 101 •V �L �� 436 Instructor: Tom Lindsay, Naturalist Sessions 5 and 6: To be scheduled individually. Between October 27 and November 6, each trainee will observe and may participate in two field trips. Session 7: November 10 Learn techniques for working with children and multicultural groups. You will also learn how to lead field trip orientation and closing activities. Instructors:Lori Raymaker Carleen Bruins Session 8: November 17 Discuss field trip observations, ask questions, get some answers, and practice or review activities. Instructor: Carleen Bruins Exhibit C 1999 Volunteer Trail Patrol Training Agenda Thursday, May 6 7:00 p.m. - 9:30 p.m. District Main Office 7:00 Welcome and Introductions, Overview of VTP program - Paul McKowan, Vol. Coord. 7:15 Other District Volunteer Programs —Paul McKowan, Vol. Coord. 7:30 District Slide Show - Malcolm Smith, Public Affairs Manager 7:50 Current Issues, Questions and Answers — Malcolm Smith, Public Affairs Manager 8:15 Break 8:35 Your Role as a Trail Patrol Volunteer/Trail Use Guidelines / MROSD & its relation to other Land Management Agencies - John Escobar, Operations Manager Saturday, May 8 9:30 a.m. - 2:00 p.m. Skyline Ridge Open Space Preserve Field Session at Skyline Ridge Open Space Preserve - Paul McKowan, Ranger Brian Malone, Ranger Phil Hearin, Open Space Technician Grant Kern Please wear/bring: • sturdy shoes • bag lunch and water bottle • pad of paper and pencil for notes • gear appropriate to that day's weather conditions (i.e. hat or visor, sunscreen, jacket, etc.) • day pack/fanny pack to carry your gear Directions: The preserves entrance is located about one mile south of the intersection of Skyline Boulevard (Route 35) and Page Mill Road. Thursday, May 13 7:00 p.m. - 9:30 p.m. District Main Office 7:00 Welcome — Carleen Bruins, Visitor Services Supervisor 7:10 Land Acquisition Overview— Craig Britton, General Manager 7:30 Keep Safety in Mind — Ken Miller, Ranger 7:45 Sharing the Trails - Paul McKowan, Volunteer Coordinator 8:00 Break 8:30 Rules & Regulations, Q & A- Ranger Ken Miller 8:50 Reporting Procedures - Paul McKowan Regional Opei 'Pace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION No.99- III-',SOIAJTION OF'FIIE, BOARD OF DIRECTORS OFT11F, MIDPENINS111 A ItEA.IONAL OPEN SPACE. DIS"I'RIC'r I IONORING AND COMMENDING VERI,CI.AUSE.N UPON HIS Rri,IRENIENTFROM SENIPERVIRENS FUND WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District recognizes that Sempervirens Fund has grown into one of the foremost non-profit agencies involved in the effort to save open space and protect our natural heritage of redwood forest lands throughout the Santa Cruz Mountains region; and WHEREAS,Verl Clausen,has served ably and expertly as Executive Director of Sempervirens Fund for 14 years; and WHEREAS,during his tenure Verl has astutely and wisely guided the organization's efforts in carrying out its mandate of acquiring redwood forest lands for the purpose of permanent protection of these magnificent trees and their surrounding habitats and ecosystems,as additions to State and local parks and preserves; and WHEREAS,Verl has worked tirelessly and persistently to protect this irreplaceable natural resource as a lasting legacy for future generations,as well as a welcome respite for the populace throughout this region to enjoy;and WHEREAS,in the last 14 years,Verl's leadership has resulted in Sempervirens Fund acquisition of over 3,300 acres of invaluable redwood forest,and the addition of over 12,000 new donors during the same time period; and WHEREAS,Verl's leadership of Sempervirens Fund and his involvement in the regional open space and parks effort has fostered a high profile and positive perception of Bay Area land conservation,and has contributed greatly to this region's reputation as the most environmentally progressive and forward-thinking area in the United States;and WHEREAS,Verl Clausen is retiring as Executive Director of Sempervirens Fund after a long and fruitful pursuit of his environmental ideals. Now,THEREFORE,BE Ir RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District honor,commend,and applaud Verl Clausen for his accomplishments and achievements throughout his years of service, for his dedication to the ideals and goals of preserving redwood forests and open space and park lands throughout the peninsula and south bay area,and for his tireless and steadfast leadership of Sempervirens Fund for the benefit of the people of the entire region. Adopted by the Board of Directors May 25, 1999 Regional Open ,dace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-09 SPECIAL (WORKSHOP)AND REGULAR MEETING BOARD OF DIRECTORS March 24, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 6:00 P.M. Members Present: Betsy Crowder, Ken Nitz, Jed Cyr, Peter Siemens, and Deane Little. Members Absent: Mary Davey and Nonette Hanko. Staff Present: Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Michael Williams, Mary de Beauvieres, Del Woods, Randy Anderson, Matt Freeman II. WORKSHOP Regional Open Space Study Workshop—Regional Open Space Study(ROSS)Financial Analysis and Geographic Information System(GIS)Presentation; Review and Comment on the Financial Analysis and GIS Information to be Presented by Staff, and Assign the Use and Management Committee to Meet Periodically with Staff to Review Overall Long Term Planning Goals and Progress. R. Anderson made the presentation and answered questioned. J. Cyr called the Regular Meeting to order at 7:50 P.M. Additional Personnel Present: Malcolm Smith, III. ORAL COMMUNICATIONS Candy Wozniak, Los Gatos, asked to speak regarding agenda item 9 because she had to leave before it would be considered. She said the trees do not appear to be a hundred years old and she did not understand the timber rights issue. She asked why the District did not buy the timber rights. C. Britton said he would contact Ms. Wozniak and answer her questions. IV. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 5 to 0. .130 Distel Circle • I os Altos, CA 9402 2-1404 • Phone: 650 691-1 200 FAX: 650 691-0485 E-mail: mrosdCopenspace.org + Web site:www.o[)ens[)ace.org Bo.ird of Director,:Pete Sienwns, Mary C. Davey,led Cyr, Deane Little, Nonette k lanko, 13ctsy Crowder, Kenneth C. Nit/ *General M,m,iger:L.<taw Bruton Meeting 99-09 Page 2 V. ADOPTION OF CONSENT CALENDAR J. Cyr asked that the reply to a written communication from Mr. Keith White, 18650 Overlook Road, Los Gatos, be amended as follows: Change the last sentence in paragraph four to read, "Trail users are responsible for keeping their speed within their control and within the posted speed limit." In regard to the response addressed to Users of Portola Park Heights Road, he said he would like to work on it with District legal counsel. D. Little suggested adding wording that addressed the trail erosion caused by bicycles braking. Motion. B. Crowder moved that the Board approve the Consent Calendar, including the reply to a written communication from Mr. Keith White, 18650 Overlook Road, Los Gatos, as amended; agenda item 12,Approval of Annual Claims List; and Revised Claims 99-06. P. Siemens seconded the motion. The motion passed 5 to 0. VI. BOARD BUSINESS A. Agenda Item No. 1 -Final Adoption of a Use and Management Plan Amendment for the Study Area 2 Trail Use Plan for El Corte de Madera Creek Open Space Preserve— fport R-9945). M. de Beauvieres mentioned a letter in the packet in support of the Board action taken February 24. She said most closures will take effect in April and May. Sierra Morena trail will open immediately. Now: B. Crowder moved that the Board adopt the Study Area 2 Trail Use Plan for El Corte de Madera Creek Open Space Preserve. P. Siemens seconded the motion. The motion passed 5 to 0. B. Agenda Item No. 2 -Adoption of the 1999-2000 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District—(Report R-99-52) C. Britton touched on some of the changes, including the modified Land Acquisition Program. He said the Land Acquisition Manager position should be kept open, because if additional funding becomes available, we might need the position, but not at this point in time. C. Britton said buying a piece of property for the employee residence for Hicks Road is an option, but if it does not pan out staff will have the necessary permits to install a mobile or modular home. M. Smith said staff will restart the process of contacting city councils, but did not plan to have VIP tours in the near future. Motion: P. Siemens moved that the Board adopt the 1999-2000 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District. K. Nitz seconded the motion. Meeting 99-09 Page 3 Discussion: C. Britton informed B. Crowder that Santa Clara County was not mentioned on page 19, item 5 because they had never worked on a funding measure with the District as the other two agencies had. Vote: The motion passed 5 to 0. C. Agenda Item No. 3 - Approval_ of the ProneEly and General_Liability, Auto- Umbrella LiabiliM Fidelity bond. and Public Entity Errors and Omissions Insurance Bid Totaling $184.432 from Thoits-Flinn. Gray&Herterich Insurance Brokers Based on the Quotations Shown on Exhibit A from Reliance*General Accident Insurance, Fireman's Fund Insurance, Chubb' and Stewart Smith West for the Period of April 1, 1999 through March 31, 2000—(Report R-99-48). D. Dolan reviewed the staff report and introduced Skip McIntyre from Thoits-Flinn Gray &Herterich Insurance Brokers. She said the 4.9 percent increase was in the liability area and reflected the growth in number of acres under direction of the District. She said the vehicle cost is down, a reflection of how they are used and the safety record. C. Britton said approximately 1800 acres were added to the District last year. S. McIntyre said he would report to S. Schectman on how much was paid in premiums and what the total claims were. S. Schectman said she thought that for an agency this size, the actual claims pay-outs were small. S. McIntyre said there were five other carriers involved in the bidding. Motion: P. Siemens moved that the Board approve the property and general liability, auto, umbrella liability, fidelity bond, and public entity errors and omissions insurance bid totaling $184,432 from Thoits-Flinn Gray& Herterich Insurance Brokers based on the quotations shown on Exhibit A from Reliance, General Accident Insurance, Fireman's Fund insurance, Chubb, and Stewart Smith West for the period of April 1, 1999, through March 31, 2000. K. Nitz seconded the motion. The motion passed 4 to 1 (D. Little voted no). Discussion: D. Little said he voted no because he would like to see more than two bidders on property and liability coverage. C. Britton provided background information, stating that as a result of a previous claim they did an inspection of all sites with Reliance. They have had excellent coverage and a good rate. Based on that information,D. Little asked that the record show his vote as yes. D. Agenda Item No. 4 -Approval of the Tentative Agreement with SEI J Local 715 to Amend the Memorandum of Agreement to Provide a Three Point(3%) Cost of Living Adjustment Effective April 1, 1999 and Add a Catego[y to All Bargaining Unit Performance Evaluations;Approval of a Three Point( °�/) Cost of Living A4justment for Office- Supervisory, and Management Classifications Effective April 1 1999; and Approve the Position Classification and Com..pensation Plan, Which Includes a Three- Point Salary Rage(justment for all District Classifications(Excluding�3 and Appointees) Leport R-99-51). Meeting 99-09 Page 4 C. Britton reviewed the staffs recommendations. Motion: P. Siemens moved that the Board approve the agreement with SEW Local 715 to amend the Memorandum of Agreement to provide a three point (3%) cost of living adjustment effective April 1, 1999, and to add a category to all bargaining unit performance evaluations; approve a three point (3%) cost of living adjustment for office, supervisory, and management classifications effective April 1, 1999; and approve the Position Classification and Compensation Plan, which includes a three point (3%) salary range adjustment for all District classifications(excluding Board appointees). K. Nitz seconded the motion. Vote: The motion passed 5 to 0. E. Agenda Item No. 5-Approval of Budget for Fiscal Year 1999-2000 a. Administration and Budget Committee Repo —(Report R-99-40). P. Siemens presented the Budget Committee Report. Motion: P. Siemens moved that the Board approve the proposed 1999-2000 budget and recommendations described in the staff report. B. Crowder seconded the motion. Discussion: K. Nitz said he was very happy with the guideline as stated and the graph depicting Operating Budget Analysis. However, he wanted to remove the portion of the actual growth line after 1998-1999. Following discussion, consensus was that the description of that line would be changed to read Average Actual and Projected Growth, and the line dashed after 1998-1999. D. Little said he was impressed with staffs work in preparing and presenting the budget, and he was comfortable with it. I Cyr said he was impressed with the Budget Committee coming up with a last step in terms of guidelines. Vote: The motion passed 5 to 0. b. Staff Report—( &port R-99-50). C. Britton said the Budget Committee recommended approval and noted that this budget was based on projections by the controller. The budget showed $13 million in additional acquisition money. Motion: P. Siemens moved that the Board adopt Resolution 99-08 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 1999-2000. K. Nitz seconded the motion. The motion passed 5 to 0. Meeting 99-09 Page 5 F. Agenda Item No. 6 -Approval of the Addition of Four Administrative Office Staff Positions. and Reorganization of Administration, Planning, Opera ion , and Ac4ui ition Programs - (,Report R-99-421 C. Britton noted that the report represented hard work on the part of P. Coats and D. Dolan. Board action would implement the presentation made at the last meeting. All funding within the budget was approved. D. Dolan explained that the Human Resources Manager is no longer required to be a Notary Public because the Senior Administrative Analyst/District Clerk will have a Notary commission. J. Cyr asked that a correction be made to the Operations Manager job description. K. Nitz expressed concern about adding a layer of middle management with the addition of Assistant General Manager. C. Britton explained that it would not limit people's access to him. He would still work with J. Escobar in terms of working with Planning, Operations, etc. K. Nitz expressed concern about the addition of four new positions in non operational programs while only adding two new ranger positions. C. Britton said they hired two new OSTs last year. He said job descriptions are approved by the Board, noting there were changes in some job descriptions where there are no new people. Motion: P. Siemens moved that the Board approve the following: • Replacement of the senior management specialist position with the senior acquisition planner position, and transfer it from the administration program to the acquisition program • Approve the senior acquisition planner job specification and assign it a salary range of Step Number 268-293 with a corresponding monthly salary range of$4,061 to $5,208. (No change in classification or salary range.) • Approve the reclassification of the administration analyst to a senior administrative analyst/district clerk; approve the senior administrative analyst/district clerk job specification and assign it a salary range of Step Number 268-293 with a corresponding monthly salary range of$4,061 to $5,208 (former monthly salary range of Step number 258-283, with a corresponding monthly salary range of$3,677 to $4,715). • Approve the creation and filling of the new assistant general manager position, and assign it to the operations program; approve the assistant general manager job specification and assign it a salary range of Step Number 268-293 with a corresponding monthly salary range of$5,754 to $7,383. (New position.) • Approve the creation and filling of a new land protection specialist position, assign it to the acquisition program; approve the land protection specialist job specification and assign it a salary range of Step Number 258-283 with a corresponding monthly salary range of$2,954 to $4,715. (New position.) • Approve the creation and filling of a new half-time network specialist position, and assign it to the administration program; approve the network specialist job specification and assign it a salary range of Step Number 236-261 with a corresponding monthly salary range of$2,954 to $3,788 (New half-time position.) Meeting 99-09 Page 6 • Approve the increase of the existing planning secretary position from half-time to full-time, and authorize filling the position. (Additional half-time position.) • Approve the addition and filling of a second planner H position. (New position.) • Authorize the filling of the vacant planning manager job position. (Current vacant position.) • Approve revisions to the administrative services manager position, per the administration/human resources manager job specification. (Revision to existing position; no change in classification or salary range.) • Approve revisions to the operations manager position, per the operations manager job specification, and authorize filling the position. (Revision to existing position; no change in classification or salary range.) K. Nitz seconded the motion. Vote: The motion passed 5 to 0. G. Agenda Item No. 7 -Proposed Addition of Peninsula Open Space Trust Proper and San Mateo County Tax Defaulted Proper to Purisima Creek Redwoods Open Space Preserve;Determination that the Recommended Actions are Categorically Exempt from the California Environmental Q li Ate;Determination that the Purchase of the San Mateo County Tax-Defaulted PropeM is in Accordance with District Resolution 91-28, Dated June 26, 1991; Tentative Adoption of the Preliminary Use and Management Plan_ Including Naming the Properly as an Addition to Purisima Creek Redwoods Open Space Preserve Indicate the Intention to Dedicate the Parcels Ung Westerly of Designated Preserve Boundary as Public Open Space; and Indicate the Intention to Withhold From Dedication the Parcels Lying Easterly of the Designated Preserve Boundary_(Report R- 99_44). M. Williams reviewed the staff report. Motion: B. Crowder moved that the Board determine that the recommended actions as set out in the staff report are categorically exempt from the California Environmental Quality Act; adopt Resolution 99-09 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 (Purisima Creek Redwoods Open Space Preserve-Lands of POST; tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to Purisima Creek Redwoods Open Space Preserve; indicate their intention to dedicate the parcels lying westerly of designated preserve boundary as public open space, as further explained in the staff report; and indicate their intention to withhold from dedication the parcels lying easterly of the designated preserve boundary as public open space, as further explained in the staff report. D. Little seconded the motion. The motion passed 5 to 0. H. Agenda Item No. 8-Proposed Exchange of Tunitas Creek Road Propem for Addition of Peninsula Open Space Trust Proper to Windy Hill Open Space Preserve_ Meeting 99-09 Page 7 Determination that the Recommended Action are Categorically Exempt from the California Environmental Act;Tentative Adoption of the Preliminary Use and Management Pla& Including Naming the POST Proper as an Addition to Windy He'll_ Open Space Preserve;Indicate the Intention to Dedicate the POST Proper as Public Open Space-( eport R-99-55). D. Woods presented the staff report and answered questions. Motion: P. Siemens 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 99-10 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Grant Deed for the Real Property Being Released, 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(Windy Hill Open Space Preserve-Lands of POST); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to Windy Hill Open Space Preserve; and indicate their intention to dedicate the POST property as public open space. B. Crowder seconded the motion. The motion passed 5 to 0. I. Agenda Item No. 9- Approval to Extend the Option to June 30-1999 to Purchase all the Lands of Arlie Land and Cattle Company in Accordance with that Certain Agreement for Option and Purchase of Real Proper Entered into on March 10, 1999 and Authorize the FFpenditure of$250-000 as Payment for the Option Extension at the Final Discretion of the General Manager- , eport R-99-561 C. Britton said approval would give him the option of seeking a 90-day extension. He said he probably would ask for the extension. D. Little said he thought this was a lot of money for a few acres. C. Britton said this property is so usable and so immediately available to the public, he didn't think there was any comparison. He didn't think they could look at any one parcel as exchanging value and aesthetics for any other parcels. K. Nitz agreed with D. Little and said he would vote against the proposal. He thought the land should be developed and this was not a good way to spend money. S. Schectman clarified that in addition to the value of the lower property, this would provide the preconditions to fee acquisition of the upper property P. Siemens said he would like to ensure that the District gets all the property and thought this was the best way to do it. He said if this is developed the urban area is extended and it will elevate the value of everything. He has been in contact with the Town of Los Gatos to see if they will pass a resolution of support. C. Britton noted that Los Gatos has given more money than any other community in the District. He will approach the state and county. Meeting 99-09 Page 8 B. Crowder agreed with K. Nitz regarding the price but thought the lower property has a great deal of value. C. Britton said he sees the money to acquire the balance of the property coming from private donations and state and county. D. Little said he would support the proposal since C. Britton was confident that it could be done. He still had reservations about spending money which could be used to purchase other lands. J. Cyr also had concerns, but thought this provided the possibility of combining private and public funds which was probably the only way it could be done. He also recognized that this was probably the only chance to protect an important piece of land. Motion: P. Siemens moved that the Board approve extension to June 30, 1999, of the option to purchase all the lands of Arlie Land and Cattle Company in accordance with that certain Agreement for Option and Purchase of Real Property entered into on March 10, 1999, and authorize the expenditure of $250,000 as payment for the option extension, at the final discretion of the General Manager. B. Crowder seconded the motion. The motion passed 4 to 1 (K. Nitz voted no). J. Agenda Item No. 10-Approval of Payment to Louis Bordi General Engineering eering in the Amount of$18,000 for Restoration of Monte Bello Road for the Black Mountain Communications Sites,Monte Bello and Rancho San Antonio Open Space Preserves and Determination That the Project is Categorically Exempt from the California Environmental Quality Act—O&Wort R-99-461. lion; P. Siemens moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act (CEQA), based upon the findings contained in the staff report; approve payment for work done by Louis Bordi General Engineering, and authorize the General Manager to execute a purchase order in the amount of$18,000 for the restoration of Monte Bello Road for the Black Mountain communications sites. B. Crowder seconded the motion. The motion passed 5 to 0. K. Agenda Item No. 11 - Acceptance of the 1997-1998 Legislative Program Report and Adoption of the 1999-2000 Legislative Program—C&Mort R-99-42). C. Britton reviewed the staff report and answered questions. Board members and staff discussed the requirement for an EIR for the coastal annexation. S. Schectman said they needed to be prepared for the most conservative approach. LAFCO will call the shots;the District will be able to respond to demands but is not the lead agency. Motion: B. Crowder moved that the Board accept the 1997-1998 legislative program report, and adopt the 1999-2000 legislative program. P. Siemens seconded the motion. The motion passed 5 to 0. VII. INFORMATIONAL REPORTS Meeting 99-09 Page 9 J. Cyr: 1. He called attention to the updated list of staff and phone numbers. 2. He referred to the volunteer coordinator activity summary and said he appreciated the number of hours they give. He said he would like to see similar kind of thing in terms of encounters that resulted in a warning or citation broken down by preserve. M. Smith said he would provide it quarterly. K. Nitz said he and B. Crowder worked at Pulgas Ridge pulling exotic species. B. Crowder: 1. She referred to a an article in the Sonoma County Press Democrat that talked about David Hansen. 2. She had attended a State Park Foundation meeting and said they are looking for members. Rusty Areias is the new State Park Director. 3. She said there have been slides on upper Alpine Road on the east side of the creek. The County is suing the resident for illegal activity. She had called the creek management organization. 4. She had attended the State of the City address for Palo Alto. 5. She said the state planning workshop for rural landowners and their families might be of interest to those who live on the coast. C. Britton: 1. The FYIs included an announcement of CCC Utility Day on April 1. He thought they would appreciate recognition from Board members. 2. He met with Tony Look and they are thinking about the second hundred years of the Sempervirens Fund. 3. He, D. Little, and P. Siemens met with Spvsr. Joe Simitian on issues such as park fees. 4. He had information about getting grants for electric vehicles. He said David Topley had a loaner. J. Escobar announced the names of two new rangers, Jennifer Menk and Carrie Sparks-Hart, who will start the first week of April and a third ranger, Jeff Smith, who will start at the end of the month. VIII. ADJOURNMENT At 9:40 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. S9-O voeeunWmw-wm Date: March 24. 1899 Revised K8|DPEN|NSUL4 REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5749 524.86 Acme&Sons Sanitation Sanitation S;_rvices 5750 2.701.92 All Premium Sportswear Docent Windbneoheme 5751 432.08 All Laser Service Printer Maintenance Service 5752 778.81 AnderaonNismander McDonald Ranch Maintenance& Repair 5753 350.000.00 ^ Arlie Land Q Cattle Company Option Extension 5754 2.191.00 Art-Craft Carpet And Linoleum Shop Enterprise Rental Floor Coverings ' 5755 38.48 AT&T Long Distance Phone Service 5758 170.50 Beck's shoes, Inc. Boot Rebuild 5757 65.00 Berry's Pest Control Enterprise Rental Pest Control Service 5758 30.00 Best|nhanlet Communications Internet Service 5759 5.245.00 TimothyC. Best, CEG Consultant-El Corte Oe Madera Projects 5760 273.44 Big 4Rents Excavator Rental 5701 251.45 BiU'oTowing& Reoovery Towing Services 5762 18.000.00 Louis Bordi General Engineering Monte Bello Road Repairs 5763 5.048.20 Brian KengaaFou|k Engineers Teague Hill Lot Line Adjustments 5764 300.00 Jane Buxton R{30S Study Consultant 5705 1.300.00 CA Dept. of Parks& Rec. Training Center Electrical Skills C|mss-K8. Bankomh/G. Kern 5768 160.00 California Department ofJustice Background Checks-Recruitment 5767 116.93 California Water Service Water Service 5708 484.00 Cambria Corporation Database Modification Service 5789 155.14 Kerry Carlson Reimbursement-Uniform Expense 5770 138.81 Cole Supply Co.. Inc. Janitorial Supplies 5771 149.45 Coabco Business Meeting Supplies&Membership 5772 110.42 SouttCottena| Reimbursement-Uniform Expense 5773 868.75 Coyote Creek Riparian Station G|8Project Specialist 5774 13.88 CSK Auto Truck Repair Parts 5775 395.00 Council#n Education inManagement PgrsonneKHR Asst. Semnin$r-LCrook 5778 590.00 Council on Education inManagement Personnel SemninorJ. Escobar/D. Dolan 5777 5.198.58 Design Concepts Graphic Design-Miscellaneous Projects 5778 7245.00 Durham Construction Incorporated Enterprise Rental Repairs 5779 45.83 John Escobar Vehicle Expense 5780 28.00 Federal Express Express Mail 5781 242.13 Matt Freeman Vehicle Expense 5782 900.64 Fixture Pronto Trail Map Holders ' 5783 31.46 CS & K Services Shop Towel Service 5784 85.00 GOodco Press Incorporated Printing tfSpaces&Species Passports 5785 127.53 Goodyear Auto Service Center T|no 5786 5.157.50 Gnaen|nfoNebworh {S|S Patrol Map Book Design & Production 5787 307.50 Green|nfqNetwork Coastal Display Map 5788 180.00 Half Moon Bay Review Subscription 5789 20.00 °1 Heritage Council of Santa Clara County Workshop ReQiobraUon-D. Vu 5790 1.487.00 Gavin Hoban ROS8 Study Consultant ' 5791 301.08 Home Depot Field Equipment and Supplies 5792 74.44 GTE Wireless Cellular Phone Service 5733 9.53 Hymtar Sales Company Bobcat Auger Teeth 5794 162.83 Jodi Isaacs Vehicle Expense 6795 1.100.00 Judges&Attorneys Resolution Service, Inc. LaQo|Feee 5798 5.818.17 JedaPub|ioaUons. Inc. Brochure Printing 5797 2.030.00 Tamara Kan Consultant-Water Rights Page I Claims No. 99-06 Meeting 99-08 Date: March 24, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5798 225.40 L, C. Action Police Supply Uniforms 5799 2,160.00 The Learning Institute Class Vouchers 5800 6,450.00 *2 Lee Buffington County Tax Collector Acquisition of Tax Default Parcels 5801 381.13 Los Altos Garbage Company Dumpster Service 5802 406.75 Lucent Technologies Phone Maintenance Service 5803 330.35 PaulMcKowan Reimbursement-Volunteer Supplies 5804 635.72 MetroMobileCommunications Radio& Repairs 5805 105.57 Moffett Supply Company Restroom Supplies 5806 653.12 National Fire Fighter Corp. Fire Equipment 5807 35.00 Network Solutions, Inc. Subscription-Domain Renewal 5808 96.45 Noble Ford Tractor, Inc. Tractor Filters 5809 252.23 Office Depot Office Supplies 5810 12,996.00 Old Republic Title Company Arlie Land Escrow Fees 5811 736.41 Orchard Supply Hardware Field Supplies 5812 1,267.65 Pacific Bell Telephone Service 5813 83.35 PIP Printing Business Card Printing 5814 255.64 Pitney Bowes Credit Corporation Postage Meter Lease 5815 54.18 Chuck Kozak Video Tapes-CAC Meetings 5816 730.00 Points of Light Foundation Conference-P. McKowan/L. Raymaker 5817 12.28 Precision Engravers Name Tag Engraving 5818 34.13 Rayne Water Conditioning Water Service 5819 10.00 Rich's Truck Tire Service Flat Tire Repair 5820 154.72 Royal Brass, Inc. Bobcat Hose Assembly 5821 726.86 Roy's Repair Service Vehicle Repairs and Service 5822 562.00 *3 Santa Clara County HMCD Diesel Tank Installation Permit-SRO 5823 202.00 *4 Santa Clara County Planning & Building Dept Electrical Inspection 5824 484.00 *5 Santa Clara County Planning & Building Dept Plan Processing Fee 195.00 5825 344.00 *6 Santa Clara County Fire Marshall Diesel Tank Installafion Permit-SRO 5826 382.70 Second Cup Business Meeting Expense 5827 62.00 Sequoia Analytical Water Testing-Saratoga Gap 5828 489.52 Shelton, Inc. Culverts 5829 4,500.00 Rick Skierka-Licensed Land Surveyor Land Surveyor 5830 116.71 Skyline County Water District Water Service 5831 904.97 Summit Uniforms Uniforms 5832 625.00 Systems for Public Safety Recruitment History Invesfigafions 5833 637.50 Terrasearch, Inc. Geotechnical Services-Bridges 5834 466.14 Therma Corp. HVAC Maintenance-D.C. Building 5835 7535.00 2 M Associates Consulting Services-Coastal Annexation 5836 36.89 U. S Rentals Service Charge 5837 2227.50 *7 United States Postmaster Postage 5838 30.81 Vertebrate Pest Conference Conference-J. Isaacs 5839 2567.29 VISA 108.95-Parts 654.18-Field Supplies 1089.80-Bandsaw 120.12-Uniforms 437.87-Software 113.25-Camera&Film Page 2 43.12-Small Tools Claims No. 9M6 Meeting 99-08 Date: March 24, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5840 89.38 M. Douglas Vu Vehicle Expense 5841 450.00 West Valley College 4 Wheel Drive Training-New Recruitment 5842 137.73 The Workingman's Emporium Uniforms 5843 76.38 Kristi Webb Vehicle Expense 5844 635.25 Wheel Works Tires 5845 65.77 West Group Payment Center Legal On-Line Service 5846 200.00 Woodside& Portola Private Patrol Secure Gates-Windy Hill Parking Lot 5847 2,883.20 Whitmore, Johnson & Bolanos Legal Services 5848 178.35 *8 Lisa Zadek Reimbursement—Enterprise Rental Repair 5849 106.93 Lisa Zadek Vehicle Expense 585OR 975.00 Bettencourt American Landscape Tree Trimming &Removal-DC Building 585IR 421.62 Brendan Downing Reimbursement—PRAC Conference 5852R 2,500.00 GeoCadd Digital Mapping GIS Data Mapping 6853R 122.50 Stan Hooper Reimbursement—PRAC Conference 5854R 1,800.75 International Assessment Services, Inc. Legal Services 585SR 2,693.32 The JKA Group-Jim Kent Workshop Consultant-Issue Management 5856R 150.00 Tom Lindsay Docent Instructor 5857R 880.00 Micro Accounting Solutions Computer Consultant 5868R 230.13 Loro Paterson Reimbursement—PRAC Conference 5859R 210.00 Recreational Trails Conference Trail Construction Training-Volunteers 5860R 405.68 Petty Cash Vehicle Expense, Business Meeting Expense, Uniforms, Printing, Field Supplies& Nature Center Supplies *1 Urgent Check Issued March 16, 1999 *2 Urgent Check Issued October 13, 1998 *3 Urgent Check Issued March 15, 1998 *4 Urgent Check Issued March 18, 1998 *5 Urgent Check Issued March 18, 1998 *6 Urgent Check Issued March 18, 1998 *7 Urgent Check Issued March 11, 1998 *8 Urgent Check Issued March 16, 1998 Total 386,628.19 In the event Agenda Item 9 is not approved, this claim will not be processed. In the event Agenda Item 10 is not approved, this claim will not be processed. Page 3 r RESPONSE ACTION PROPOSED BY STAFF t Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Dir acts— S) Date: Wed, 19 May 1999 00:19:45 -0700 1 No Response Necessary To: mrosd@openspace.org From: Peter LaTourrette <petelatl@stanford.edu> Subject: Courtesy and help from mountain bikers and MROSD personnel President Betsy Crowder and Board Members Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear President Crowder and Members of the Board, On Saturday, May 15, I was part of a small group hiking from Montebello parking lot to the trailhead across Skyline from the entrance to Long Ridge. At the end of the hike we had a"lost hiker" situation. Fortunately, everything turned out fine, but only after a lengthy period of concern, during which time we sought assistance from mountain bikers and, eventually, from MROSD personnel. Our requests for assistance were answered in a positive and helpful manner--people could not have been nicer. Mountain bikers offered to search the trails, although that turned out not to be necessary. After we finally called the Sheriffs Department, Ranger Brian appeared on the scene in only a few minutes and immediately offered the suggestion--"Call home"--that solved the problem. I want to commend MROSD staff for their excellent response to our perceived problem. I also want to commend the mountain biking community both for their courteous behavior during our many encounters throughout the hike and especially for their offers of assistance while we thought we might have a serious problem. --------------------------------------------------------- Peter LaTourrette Bird photos: http://www.stanford.edu/—petelatl/ Santa Clara Valley Audubon Society: http://www.scvas.org/ Western Field Ornithologists: http://www.wfo-cbrc.org/ Peninsula Open Space Trust: http://www.openspacetrust.org/ 46 Regional Open @ee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY S"Fr"'IFF FOR BOARD CONSMERATIO'N Mr. Peter LaTourette Via Electronic Mail petelat1@Stanford.edu Dear Mr. LaTourette: Thank you for your May 19 e-mail regarding the assistance of District Ranger Brian Malone and several mountain bicyclists during your lost person incident on Saturday May, 15. The Board of Directors reviewed your correspondence at our regular meeting last night. Your kind words about Ranger Malone are greatly appreciated. We are very proud of the high levels of service provided by members of our field staff and always appreciate being informed of specific individuals who deserve recognition for their work. It is also gratifying to hear of your positive experience with other trail users. We hope that you and group continue to enjoy the preserves. Please feel free to contact District staff if we can be of further assistance. Sincerely, Jed Cyr, President Board of Directors JC/gb cc: Board of Directors Ranger Brian Malone Supervising Ranger Dennis Danielson 330 Distel Circle * Los Altos, CA 94022-1404 * Phone: 650-691-1200 FAX: 650-691-0485 o E-mail: niroscl@openspace.org 9 Web site:www.openspace.org Board of Directors:Pere Siernen,;,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz -General Manager L.Craig Britton RESPONSE ACTION PROFOSED By STAFF Date: Mon, 17 May 1999 11:52:43 -0700 Board President Acknowledge/Respond To: mrosd@openspace.org Director Acknowledge/Respond From: Paula Terrell <wnp@pacbell.net> Staff Acknowledge/Respond Subject: To: Board of Directors, RE:Equestrian Access to Rancho San Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board of Directors Board Direc tive(s) Midpeninsula Regional Open Space District No Response Necessary Los Altos, CA To Whom it May Concern: As long time residents of Cupertino and environs and owners of horses at Whispering Creek Stables, we are interested in supporting development of the trail system accessing the Rancho San Antonio Open Space Preserve in such a way that local trail users of all types can mutually benefit from the new addition to the park system. Whispering Creek Stables is located on the PG&E Substation property next to the Gates of Heaven Cemetary. Horses have been a part of local recreational activity since the early agricultural days and horseback riding is still a popular pasttime for local area residents. Witness the continued success of such businesses as Christiansen's and An-Jan's Feed on DeAnza Blvd., as well as Whispering Creek Stables, Brookside Stables, and Garrod Farms in Saratoga. Rancho San Antonio is one of the few places left in which direct horseback access is still possible in this area. Riding access to Rancho San Antonio in the past was via a wide dirt shoulder along side Christo Rey Drive and provided good access to the park. A few years ago, the road was widened and a sidewalk was installed along the length of Cristo Rey all the way to the park. This created a dangerous situation for riders in that the available off-sidewalk access has been reduced to a single track next to and on the sidewalk and also next to the traffic using the road. This access is now so dangerous due to traffic speed and proximity that most riders are afraid to ride in that way any more. The kids are especially at risk, since they are less knowledgeable about safety issues and road riding in general. Traffic speed along Christo Rey frequently exceeds 45 miles per hour, and with the construction of the traffic circle by the cemetary, there is no place for equestrians to access the park on horseback except by riding on the sidewalk or on the street itself. There are many horses currently stabled at Whispering Creek alone. Those of us who keep our horses there are asking to be allowed to voice our concerns that the needs of the horse riding members of this community be considered along with those of the bicycle and pedestrian members who also supported the Open Space addition to Rancho San Antonio. Currently, there is no safe way for equestrians without a horse trailer to access the equestrian trails at Rancho, even though it is less than a half mile away. We specifically request that safe, public horse trail access be provided through the new open space area to connect Whispering Creek Stables to the existing Rancho San Antonio equestrian parking area or directly to the Preserve itself. We can provide advice as well as some of the labor necessary to accomplish this. This access would provide a safe off road alternative to riding directly on Christo Rey Drive (and the railroad tracks!) and keep the horses off the public roadways. It will allow our younger riders a place to ride safely and may even provide volunteer labor to maintain part of the trail system. We appreciate your advice on how we can work together to accomplish this and look forward to your reply. Sincerely, Paula Terrell 1228 Bretmoor Way San Jose, CA 95129 wnp@pacbell.net i Regional Open ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT D Y1 FT RESPONSE k:0,11, 601URD C0NS1D2_RAT11V1,,J Ms. Paula Terrell 1228 Brentmoor Way San Jose, CA 95129 Re: Trail access from Whispering Creek Stables to Rancho San Antonio County Park Dear Ms. Terrell: Thank you for your May 17 email regarding equestrian trail access from Whispering Creek Stables. The Board of Directors reviewed your letter at its regular meeting last night. Your concerns and ideas about equestrian trail access are valid. However, the areas through which such new trail connections would be made are, or will, be under the jurisdiction of the Santa Clara County Department of Parks and Recreation. The County owns and manages the existing Rancho San Antonio County Park, which extends from the parking areas to beyond the tennis courts. The County will also own and manage the new open space lands to be dedicated as part of the development of the Catholic Diocese property. The County Parks and Recreation Department will be responsible for planning and implementing trail connections in the areas you mention. We have forwarded your letter to Paul Romero, Director of the Santa Clara County Department of Parks and Recreation, for consideration in the County's trail planning process. Again, thank you for taking time to write the District with your ideas. Sincerely, Jed Cyr, President Board of Directors JC:ra cc: Paul Romero,Director, Santa Clara County Department of Parks and Recreation 330 Distel Circle 9 Los Altos, CA 94022-1404 * Phone: 650-691-1200 FAX:650-691-0485 * E-mail: mroscl@openspace.cirg * Web site:www.opetispace.org Board of Directors:Pete Siernen,;_`0ary C. Davey,led Cyr, Deane Little, Nonette Hanko, Betsv Crowder,Kenneth C. Nitz -General Manager:L.Craig Britton Wayne M. Peterson -------------- Telephone(650)851-2250 Wayne M.Peterson Company Fax(650)529-9756 212 Chapman Road Woodside,CA 94062 USA RESPONSE ACTION PROPOSED By STAFF Board President Acknowledge/Respond March 29, 1999 Director_Acknowledge/Respond Staff Acknowledge/Respond Draft Response Att.t1.1 Staff to be Directed to Prepare Draft Responsefor Board Consideration per Midpenninsula Regional Open Space District Board rect ive(a) Attn: Board of Directors No Response Necessary 330 Distel Circle Los Altos, CA 94022-1404 Subj: Radio Control Gliders at Russian Ridge Dear Board Members: I believe that Russian Ridge would be an ideal, perhaps even awsome, site for radio control gliders. Prevailing on-shore winds coming from the west during spring and summer provide a lift band that could extend for some distance to the north. While Windy Hill is a good site on the eastern side during off-shore flows in fall and winter, the western side flying zone is small and covered with tall, thick weeds during spring and summer. It is also limited by Skyling Boulevard. I have been to Russian Ridge weekday afternoons and there are very few people there. Perhaps useage limited to weekdays would be a condsideration. The wind blows there even into early evening so hobbyists could still get there after school or work. Sincerely, L Wayn�M. Peterson AY Regional Open -#ce DRt415T PiRERAR!�.L) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR G 0`�R D C 3 D Mr. Wayne M. Peterson Wayne M. Peterson Company 212 Chapman Road Woodside, CA 94062 Dear Mr. Peterson: Thank you for your recent letter requesting permission to fly radio-controlled gliders at Russian Ridge Open Space Preserve. The Board of Directors reviewed your letter at its regular meeting last night. In 1991, consideration was given to allowing remote controlled gliders at Russian Ridge. At that time, concern was raised about the impact the gliders might have on raptors in the area. In addition, the visitation at this preserve is very high, and parking on the weekends is now at full capacity. Providing for the additional use of gliders at this preserve would bring in more visitors and cars, further impacting the parking situation. Nevertheless, we want to give fair and thorough consideration to whether this proposed use can be arranged so that these concerns are addressed. The proper context in which to do this is a comprehensive study of all the potential uses and the constraints and opportunities inherent in the site. It will be some time before we are able to undertake this level of study at Russian Ridge, so we must ask for your patience. We are currently underway with two projects that affect our overall schedule and process for preparing and amending the use and management plans for the District's 23 preserves. The first is a review and update of the Trail Use Policies and consideration of policies to protect the wilderness experience that the District seeks to provide. The second project is an update of the District's Use and Management Planning Policy, which addresses the content, format and schedule for preparation of preserve or regional area plans. The first priority area for such comprehensive planning is the northern portion of Sierra Azul Open Space Preserve. Completion of this plan is expected over the next two years. The general timing and sequence for subsequent plan updates, including Russian Ridge, will then be established. Thank you for your proposal. We will add your name to a list of people interested in planning activities at Russian Ridge so you will be notified when a plan update is initiated. Sincerely, Jed Cyr, President Board of Directors cc: Board of Directors 330 Distel Circle * Los Altos, CA 940"'1-]404 9 Phone: 650-691-1200 FAX: 650-691-0485 * E-mail: mroscIO(lor,enspace.org - Web site:www.openspace.org Bo,voi of Dire(tors Pete Siemens, Mary C. Davey,Jed Cyr, Deane Little,Nanette Hanko, Betsv Crm%der, Kenneth Fitz -("Oneralki,inager:L.Cral,_, Britton RESPONSE ACTION PROPOSED BY STAFF 21//// ///,,,���yyy'''��' _ Board President Acknowledge/Respond (/ ' Director Acknowledge/Respond / a � Staff Acinowl ed ge/Respond Y / Draft Response Attached Staff to be Directed to Prepare Drafc Response for Board ConsSd era[fon per Board Direccive(s) No Response Necessary r C L� �r A '✓� r I f��7 I Regional Open S*e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT J.- PRIIPARIED B%f STA"r F FOR I-OARD CUNSDERATION Ms. Paula Welmuth 2468 Porterfield Court Mountain View, CA 94040 Dear Ms. Welmuth: Thank you for your May 17 letter regarding Santa Clara County's proposal to charge a vehicle entry fee at Rancho San Antonio County Park. The Board of Directors reviewed your letter at its regular meeting last night. At its meeting of May 12, 1999, the District Board of Directors passed the attached resolution urging the Santa Clara County Board of Supervisors to reject the fee proposal. The Board feels that implementing a vehicle entry fee at the County park would have the effect of charging the public for entry to the District's open space preserve, thereby potentially denying many people the opportunity to visit the preserve. Such a fee would be inconsistent with the District's philosophy of free entry to its open space preserves. We have forwarded this official Resolution of the Board of Directors to the Santa Clara County Board of Supervisors. Again, thank you for writing, and please feel free to contact us if we can provide any further information on this or any District matter. Sincerely, Jed Cyr President, Board of Directors JC/mcs Attachment: Resolution#99-15 cc: MROSD Board of Directors 3 30 Distel Circle # Los Altos, CA 94022-1404 # Phone: 650-691-1200 FAX: 050-691-0485 * E-mail:n1roscl(01 openspace.org e Web site:wmv.ope n space.org, Murdot 0ire(tot,:Poe Swnwnm, Mxv C. W ev, Jed Cyr, Pearic Little, Nonote Hanko, Betw Crowder,Kenneth C. Nitz t,Urmg Britian Resolution No. 99-15 Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Urging the Santa Clara County Board of Supervisors To Reject the Proposal to Implement Vehicle Entry Fees at Rancho San Antonio County Park WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that providing public open space contributes greatly to our region's quality of life and is of vital environmental, social, and economic interest to the citizens of our community; and WHEREAS, the District manages 23 open space preserves for use by the public free of entry fees; and WHEREAS, the Board finds that provision of these open space areas to the public without cost furnishes all socioeconomic segments of the District's constituency with the opportunity to experience the beauty and splendor of our natural resources without the potential obstacle of cost; and WHEREAS, of these 23 preserves,Rancho San Antonio Open Space Preserve has the highest level of visitation by the public, and the vast majority of visitors to this preserve enter through and park within Rancho San Antonio County park; and WHEREAS, the District and the County Parks Department have enjoyed a positive, successful, and mutually-beneficial working relationship in regards to Rancho San Antonio and other common issues; and WHEREAS, the Santa Clara County Board of Supervisors will b--considering a proposal to implement vehicle entry fees at a number of County parks that c,irrently do not charge fees, including Rancho San Antonio County Park; and WHEREAS, charging a vehicle entry fee at the County park would have the effect of charging the public for entry to the open space preserve,thereby potentially denying many people the opportunity to visit the preserve; and WHEREAS, the Board finds that such a charge is inconsistent with the District's philosophy of free entry to its open space preserves. Now,THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District,with respect, strongly urges the Santa Clara County Board of Supervisors to reject the proposal to implement vehicle entry fees at Rancho San Antonio County Park. Regional Open pace R-99-79 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-13 May 26, 1999 AGENDA ITEM 1 AGENDA ITEM Proposed Addition of Undivided Three-Quarter Interest in the Hubenette Property to Cathedral Oaks Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS / 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of three-quarter interest in the Hubenette property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Hubenette property as addition to Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold dedication of the property as public open space at this time. DESCRIPTION(see attached man) The 41.78-acre Hubenette property is located south of Los Gatos between Summit Road and Mt. Thayer. It is adjacent to existing open space lands above Lake Elsman and Austrian Gulch and is highly visible from public trails in the area and Summit Road. Acquisition of the property will preserve valuable wildlife habitat, viewshed and watershed, and provide an opportunity for an important regional trail connection. Located about one-half way between Lake Elsman and Mt. Thayer, the property is bounded by San Jose Water Company property to the west and District land to the north, east, and south. The District recently acquired an undivided one-quarter interest in the adjacent Sardi et al. property which borders the proposed addition to the south. The property is reached from the southerly direction on Wrights Station Road and via an unsurfaced road passing through the open space preserve and private property. The landscape is generally very steep and rugged with a spinelike ridge extending in the north- south direction near the west boundary and a series of ravines crossing the remaining portion of the property. Chaparral dominates the upper slopes and the ravines are densely wooded with mixed evergreen forest. The ravines form the headwaters of a creek crossing the southwest corner of the property which eventually flows into Austrian Gulch Creek. The creek area and mixed evergreen forest offers important water and protection for a variety of wildlife species. 330 Distel Circle . Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX: 650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-99-79 Page 2 The property is undeveloped with the exception of an overgrown fire road located on the spinelike ridge and connecting through adjacent District land to Mt. Thayer. USE AND MANAGEMENT PLAN Planning Considerations The property is within the unincorporated area of Santa Clara and zoned Hillside(HS), requiring a 20 to 160-acre minimum lot size, dependent upon average steepness of slope. The property has one density unit available for development. The property is within Santa Clara County's Los Gatos Watershed Area, a special designation that regulates development to protect the surrounding watershed. The District's Master Plan shows the property having moderately high open space values and is important in terms of protecting valuable scenic resources and wildlife habitat, and providing regional trail connections. The District's Regional Open Space Plan shows a planned trail in the vicinity of the property along the Los Gatos Creek corridor. 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 properties. Signs: Install appropriate signs, including closed area signs. Dedication: Indicate your intention to withhold dedication of the property 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 safety concerns that need to be addressed. R 99-79 Page 3 CEOA COMPLIANCE Project Description The project consists of the acquisition of a three-quarter interest in a 41.78-acre parcel of land as an addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the adjacent preserve. The land will be permanently preserved as open space, closed to the public, and maintained in a natural condition. CEOA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(the California Environmental Quality Act)under Article 19, Sections 15316, 15317, 15325 and 15061 as follows: 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 & CONDITIONS The purchase price of this undivided three-quarter interest in this 41.78-acre property is $39,170.00 ($1,250 per acre for full fee title). This price represents a discount for the partial interest being acquired based upon recent real estate market activity in the area. The whereabouts of the remaining one-quarter interest holder in the property is unknown. The sellers have agreed to assist the District in any future attempt the District might initiate to finally obtain clear fee title. If the remaining one-quarter interest holder cannot be located, the method to acquire full fee title would be a quiet title action, or purchase at tax sale, which is assumed to be a rather simple matter. R-99-79 Page 4 BUDGET CONSIDERATIONS Fiscal Year1999/2000 Budget for Land Acquisition New Land Budgeted for Acquisition $ 20,000,000 Land Acquisitions Approved this year (1,533,000) Hubenette Acquisition proposed on this agenda _(39,170) Acquisition Budget Remaining $ 18,427,830 p Controller M. Foster has been consulted on this proposed acquisition, and has indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve for protection of wildlife habitat, watershed and scenic backdrop. PUBLIC NOTIFICATION Owners of privately owned property located adjacent to or surrounding the subject property have been notified of this proposed acquisition. Prepared by: Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF M[IDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF HUBENETTE ET AL.) The Board of Directors of Mdpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of M[idpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Robert W. Hubenette et. al. and Mdpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$39,170.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Mdpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. SIERRACAZUL OPEN SPACL RESERVE Midpeninsula Regional Open Space District El Sombroso KENdNEDY E IKE IK L LIMNARE vA Tra;� r 1 2600 S l; t I. l a } h `Mt.Thayer r r°da"springs Road; 3,4f 3' J \MT.�M•U`NN�•M AREAr--� - - �--�\ 2800 Mt.,Umunhum ^� 3;486' CLOSED Proposed Acquisition i AREA (Hubenette 41 .78 +/- Acres) _ vv 1l f1 � II ff District - ;. 1/4 Interest r %iAT1FDR L'O�A S A , 1 ? n 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile 5/99 EXHIBIT A: PROPERTY LOCATION MAP RESOLUTION 99-1 RESOLUTION OF THE BOARD OF DIRECTORS OF M[IDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF HUBENETTE ET AL.) The Board of Directors of Mdpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of M[idpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Robert W. Hubenette et. al. and Mdpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$39,170.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Mdpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. RESOLUTION NO. 99-19 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on May 26 1999 at a regular meeting thereof, by the following voite: AYES: Jed Cyr, Betsy Crowder, Mary Davey, Nonette Hanko, Deane Little, Ken Nitz, Pete Siemens NOES: none ABSTAIN: none ABSENT: none ATTEST: APPROVED: Ila� Secretary, Board of Directors President, Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Distric e PURCHASE AGREEMENT This Agreement is made and entered into by and between ROBERT W. HUBENETTE, and PATRICIA GROSCH, as successor trustee under the Will of HUBERT C. HUBENETTE, deceased, 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 an undivided three-quarter (3/4) interest in certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase Seller's undivided three-quarter (3/4) interest in said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey said undivided 3/4 interest in 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 undivided three-quarter (3/4) interest in the real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately forty-one and seventy-eight hundredths (41.78) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-09-044. Said property is further described in the Legal Description attached to Preliminary Title Report number 98170961 from North American Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference. Said undivided three-quarter (3/4) property interest is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. Seller's undivided three-quarter (3/4) interest in said real property and appurtenances there to shall hereinafter be called the "Subject Property" or the "Property". Purchase Agreement Page 2 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Thirty Nine Thousand One Hundred Seventy and 00/100 Dollars ($39,170.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 12 herein, an escrow shall be opened at North American Title Company, 497 North Santa Cruz Avenue, Los Gatos, CA 95030, (408) 395-9008 (Escrow number 98170961) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before June 30, 1999, provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. B. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Thirty Eight Thousand One Hundred Seventy and No/100 Dollars which is the balance of the Purchase Price of Thirty Nine Thousand One Hundred Seventy Dollars ($39,170) as specified in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 12 of this Agreement. Purchase Agreement Page 3 E. District and Seller shall share (50150) the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Seller shall cause North American Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$39,170.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exception 4, 5 and 6 as listed in said Preliminary Report ("Exhibit A"), (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3.E., and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupmcy 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, r "� R Purchase Agreement Page 4 including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the previsions of this paragraph shall survive the'close of escrow and recordation of any Grant N .Deed(s) z:. 1 r _ 6. Seller's 'ons'and Warranties. For the purpose of consummating the sale and purchase"of,the Prciperty`in accordance herewith, Seller makes.the following representations and warranties to District, which shall survive close of escrow,.each of which 4 is material and is bang relic( u f pon byDistrict. A Y11 eHO has.the full right, power and authority.to enter into this Agreement and to perforri the transac�tiohs contemplated hereunder. ana �nd Aare . V etnestts ,This Agreement and`all otter documents delivered by Seller O District now'or at the Closing..hive been or will be duly authorized and executed and deli erred by Seller anti are legal, valid and bin g vbligatie s of Seller suffice enforceable t foregoing representatt .,. ._ ,. f d f s 7. Cooiaeration of:Seller. :Tn the,event Drstri � . ,interest in.the Sublet 1?'a per r,lit and to a uz , Cite ai d'exclusive ownersh�0`cif.fee title to rSubject Property,'Seller agrees to." peratekvvith District in acquiring exclusive F€e True to the Subject,Property, mcluding,"without l mitatJozl", Seller's agreexnent'to sign any and all documents nece &-try or appropriate ta.ihe matter,-in-District's opinion; and tesstifying' if necessary, at any cot�rt heaping or trial i� which the District may bring a quiet title action, " condemnatian, or outer request foit judicial'"t*e1ef as'deemed appropriate;by ]District. Any acid AMA a all such legal action(s) or otherFeffdits of District uire exclusive fee title to'the Property shall be at District's lioie cost and expense.- J ,ti ri F crept as otlie rise provided herein or by express ssion granted by D sti,ct -Seller shall not, between the #rne o Seller`s execvt hereof and the close"of escrow; cause or allow any physi l changes on the Pro drt . Such ; � k 4 Purchase Agreement Page S 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. 1 9. Hazardous W I A. 32�-,fi: itioats. The term ;"Hazardous Waste," as used h` substance, material or other thing regulated by or'pursuant to any federal, s environmental law.by,reason of its potential`for harm to human health or th env z because of its flamrnaKty, toxicity, reactivity,,corrosiveness or carrcingge,, "Hazardous Waste" also includes without limitation, polyehlorinated`biphe asbestos,petroleum, petroleum by products has, gas liquids and lead. Pl; li'he:term "Envixanrnertal lLavtr"„ used herein includes, wit, Comprehensive Environmental Response, Compensation and Liability Act o, Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 .9i?I et seq.). Ret�rese=on sale and purchase of the Property, Seller District' whieli shall suvie c lose of esc upon by District. (i) T'he'Property does got contain any li ; storage tanks; q. b ope (ii) Sellerrtd the Pry:are in co�npli` fate and local laws,``statutes, ordinances, order's, guidelines, rues: ;Hazardous Waste or underground storage tanks; (iii) At the time Seller a�quired the Property; Seller di&l dt kno" d no reason.to know that any Ha60rdous Waste was present, used, manufactured, hari'dle , er�erated, stored, treated; discharged, buried:or disposed of on; under or about the Pro r had been transported to or,from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered and . , will not undertake, p rmit, authorize or suffer the presence, use, inanufacture,�handling, 17 a ,p ; ,, generation, sto a treatment- dischar e, release, burial or disposal on, undef'or'.about. Property,of any a&zardous Waste, or tie trtnsportaoon to or from the Property, ttf any +3 ' 'T'� fk i"^N Hmrdot s W fi " (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which'anyperson or entity, Purchase Agreement Page 6 alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. C. Indemnity. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly 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. 10. 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 Purchase Agreement Page 7 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. 11. 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. Attomevs' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. C. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance, including execution of any documents which may allow Seller to accomplish a tax deferred exchange of property as permitted by law; provided, however that the District shall not take title to any third party property other than the.subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. D. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, Purchase Agreement Page 8 power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. E. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Robert Hubenette 135 Robles Drive Santa Cruz, CA 95060 (831) 421-9060 Patricia Grosch 1720 Peggy Court Petaluma, CA 94952 (707) 763-0539 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. F. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such Purchase Agreement Page 9 determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. G. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. H. 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. Bindine 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. Purchase Agreement Page 10 O. Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. P. Capons. 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 Di.Vutes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. Hearings shall be held in San Mateo County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. Purchase Agreement Page 11 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. I SELLER INITIAL J-46�BUYER INI Y�C 12. Ac.=tance. Provided that this Agreement is executed by Seller and delivered to District on or before May 10, 1999, District shall have until midnight May 26, 1999 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. As consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and 00/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. JlI IlI J!/ ! M Purchase Agreement Page 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN C / SPACE DISTRICT Robert W. Hubenette, as to an undivided 1/2 interest ACCEPTED FOR RECOMMENDATION Date: I�y C• G.J ' Michael C. Williams, Real Property Representative ' Patricia Grosch, as successor trustee under the Will of Hubert C. Hubenette, deceased APPROVED AS TO FORM: Date: Susan M. Schectman, District Counsel Patricia Grosch, as her separate property RiCO" ED FOR APPR VAL: _ P J -� Date: L. Craig Britton General Manager Robert W. Hubenette, as his separate property APPROVED AND ACCEPTED: Date: President, Board of Directors ATTEST: William C. Hubenette, as his separate property District Clerk Date: 5 17 Date: ■NORTH AMERICAN DIRECT ALL INQUIRES TO: /TITLE Escrow Officer: SUSAN TROVATO (■COMPANY Telephone No. (408) 395-9008 Our No.: 98170961 April 5, 1999 MID PENINSULA REGIONAL OPEN SPACE DISTRICT 330 DISTEL CIRCLE LOS ALTOS, CA 94022 ATTN: LISA ZADEK PROPERTY ADDRESS 2ND UPDATE APN: 562-09-044 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 MARCH 18, 1999 PAM THOMPSON/BL at 7:30 A.M. Title Officer 335 North Santa Cruz Avenue, Los Gatos, California 95030, (408) 395-9008 Page I off._ The form of policy of title insurance contemplated by this report is: 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: PATRICIA GROSCH AS SUCCESSOR TRUSTEE UNDER THE WILL OF HUBERT C. HUBENETTE, DECEASED, AND BY JUDGMENT SETTLING FIRST AND FINAL REPORT SUBJECT TO ITEM #8 HEREIN, AND EDWARD HUBENETTE, AS TO AN UNDIVIDED '/2 INTEREST BY DEVISE; AND ROBERT W. HUBENETTE, AS TO AN UNDIVIDED '/2 INTEREST EXHIBIT Page 2 of 7 Page ,�OLL-L— Order No . 98170961 Description: The land referred to herein is situated in the State of California, County of SANTA CLARA, UNINCORPORATED AREA, and is described as follows: LOT 6 OF SECTION 13, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NO.: 562-09-044 EXHIBIT Page 3 of 7 Page:Q}-2-�L Order No. 98170961 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 . General and special property taxes, and any assessments collected with taxes, including utility assessments, are a lien not yet payable to be levied for the fiscal year 1999/2000. 2. General and special property taxes, and any assessments collected with taxes, including utility assessments, for the fiscal year 1998/1999. Total Amount: $348.76 First Installment: $1 74.38 PAID Second Installment: $174.38 OPEN Land: $1 ,732.000 Code Area: 80-008 Parcel No.: 562-09-044 3. 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. 4. RIGHT OF WAY TO THE STATE OF CALIFORNIA FOR THE PURPOSE OF FIRE TRAILS AS THEY NOW EXIST. 5. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: FERDINAND LOUIS WILLEKES MACDONALD, A WIDOWER No representation is made as to the present ownership of said easement. For: RIGHT OF WAY Recorded: AUGUST 24, 1971 Instrument No.: 4078962 Book: 9476 Page: 690 Affects: THE EASTERLY 10 FEET OF THE PREMISES EXHIBIT Page 4 of 7 Peg@—li—of-2-L— Order No . 98170961 6. Covenants, conditions and restrictions imposed by a land conservation contract executed pursuant to Section 51200 et seq. of the California Government Code. Dated: NOVEMBER 28, 1977 Executed by: ROBERT W. HUBENETTE AND THE COUNTY OF SANTA CLARA Recorded: FEBRUARY 16, 1978 Instrument No.: 5930061 Book: D471 Page: 364 7. Notwithstanding the insuring clauses of the policy, the Company does not insure against loss or damage by reason of a lack of a right to access to and from the land. S. THE REQUIREMENT THAT A CERTIFIED COPY OF THE JUDGMENT SETTING FIRST AND FINAL REPORT FILED JUNE 14, 1983 PROBATE CASE NO. 50279 SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SONOMA, BE RECORDED IN THE COUNTY RECORDER'S OFFICE OF SANTA CLARA COUNTY. SAID JUDGMENT FURTHER PROVIDES, AMONG OTHER THINGS, THE FOLLOWING: "THE TRUSTEE SHALL DIVIDE THE REST, RESIDUE AND REMAINDER OF SAID TRUST ESTATE INTO AS MANY EQUAL SHARES AS THERE ARE CHILDREN OF MINE THEN LIVING AND CHILDREN OF MINE THEN DECEASED, LEAVING ISSUE THEN LIVING. ONE SUCH EQUAL SHARE SHALL BE ALLOCATED TO EACH GROUP COMPOSED OF THE LIVING ISSUE OF A DECEASED CHILD OF MINE. THE SAID SHARES SHALL BE DISTRIBUTED OUTRIGHT AND FREE OF TRUST TO THE PERSON SO ENTITLED THERETO. ANY SHARE ALLOCATED TO THE LIVING ISSUE OF A DECEASED CHILD OF MINE SHALL BE DISTRIBUTED TO SUCH ISSUE, BY RIGHT OF REPRESENTATION, IN EQUAL SHARES." END OF EXCEPTIONS EXHIBIT Page 5 of 7 Page ; .ou:r. Order No . 98170961 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. 081998KB 011499ASC UPDATED 2ND UPDATE 4/5/99 TM EXHIBIT Page 6 of 7 Page ' .ofL� Order No . 98170961 t �. 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 SA.0 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 1$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 95812-0651 (916) 845-4900. EXHIBIT /`/ Page 7 of 7 Page-2-of-LL Order No. 98170961 • f or ricr Or COVNTY ASS E SSOR•SANTA CLARA COUNTY.CALI r OR%IA Fl 5s2 '9` � o U.S.A:: T 9S A.Iw 48 LOT LOT(.TON •(1097 M) ♦m At ( I LOT Y"... ! LOT LOT I LOT• I -T. 1 U 1., 1 AL7awa (u Tr A.) p LOfa�l w•) ! I' p , (u 69 Aa} 1 I MIDPENINSULA REG. I p �� I . OPEN SPACE DI' LOT 1 I .OT 7 S — LOT M) I LOT IS LOT 2 H'a'••) I Dc atA Y (rra A.) (unA�} Lorr V \ ...d�. (uva•) Urn A.) O (iTiiA•) umy 304,33 AC TOTAL 30 5 ..1'.f x 'oral L\ 11r y .sL f� lj MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ~ I�IIOAC.1 lOY II 1 LOT+A wy 3 (.:la A.) (.1 n.�) rn A. +oT a �'lOT Il ,OT,. 49 (I-u A') 1fi1SA•; 83 St AC./'TOTAL I I MILPENINSVIA REGICI+wL L—' 9 + 44 I CPL'+ SPACE DIsT i+C' W B. , la J9 AC TOTAL 1 W9 I j] 31 i I 52.39 A..TOfAL ) OT,7 (�•1.A') ' 1011a A•) • IOTA I LOT » I lOT la LOT 1) ' (• p, AV : p,ra A.) (W A, (uww•) 1 anf w. i 1 l S ) w W LOT ,94 I 5 ) W W LOT Iva 1041EAc 1 11 Z 03S7 AC TOTAL 1 I -lo:M COu1CAYuq wrtN/CC.1a7 I I LO 1 r[trlw o.ra rAA411,IlSS I , IEOE.CAR,SON-ASSESSOR I I I 558 'O M I CCFICE OF :0�j, z n r > 7J o n (3 O C z 1 Y 247275 ! WT i I LOT W79 41 I O z J > I I v / I =4 !, LOT 2 wT 7 �`aT"`) UC 6;4) 2/ W. B. u) IS 0 TOT 0 1 I �a M�A- 10 v BOO N l 0 T 3 LNtMI NCNt �O 36.29 AC:" I^ o o 05 v v I a)0 N= V v • rrm r, EXHIBIT Page 4—of� UORTH MERICAN CrTLE OMPANY 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 Page6 f V4 EXHIB'T A OF PRINTED EXCEPTIONS AND EXCLUSIONS flicy Type) CALM- A LAND TITLE ASSOCIATION STANDARD CO\ JE 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 o 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 o 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 (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a 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 insurec: mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or 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. I EXH1131T Page l Lof LL a 3. AMERICAN LAND TITLE ASSOCIATION REFIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the exceptions in schedule b, you are not insured against loss, costs, attorney's fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • and use • improvements on the land • land division • environmental protection this exclusion does not apply to violations or the enforcement of these matters which appear 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 remov: coverage in item 12 of covered title risks. (D) any water rights, claims or title to water on or under the land. 4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now o 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 theses laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (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. EXHIBIT page -of- 6. Any statutory lien for services, labor r rials (or the claim of priority of any statutory I services, labor or materials over the lien of the insured mortgage) arising from an improve or work related to the land which is contractet, nd commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or 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; or 1111) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results fro the failure; (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 5. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (A) any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations), restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land, (ii) the character, dimensions or location of any improvement now o 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 z 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. (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 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: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument or transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or 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) EXHIBIT to page li—of-ZL_ 4. Unenforceability of the lien of the insured age because of failure of the insured at date o �y or of any subsequent owner of the indebtedne, to comply with applicable "doing business' Ia the state in which the land is situated. 7. ALTA. Plain Language Owner's Policy (6/87) America First Protection Added (611/97) 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 (6/1197) 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 (ii) 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_L_of._LS_ 2. Rights of eminent domain unless notic tie exercise thereof has been recorded in the P, '3ecords at Date of Policy, but not excluding from coverage any taking which has occurred 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 a .-,chaser 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 Oil 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 limn 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. EXH113IT Page /< of �� _ Regional Open4pace -------------------- R-99-78 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-13 May 26, 1999 AGENDA ITEM-2 AGENDA ITEM Permit for Dirk and Charlene Kabcenell and Their Contractors to Enter Windy Hill Open Space Preserve for the Purpose of Collecting Survey Data and Conducting Geological Tests to Determine the Feasibility of Constructing an Alternate Access to the Adjacent Private Property from Alpine Road GENERAL MANAGER'S RECOMMENDATI N 1. Determine that the project is categorically exempt from CEQA, based on the findings in this report. 2. Authorize the General Manager to execute the attached Permit to Enter allowing the Kabcenells and two contractors to access Windy Hill Open Space Preserve for the purpose of collecting survey data and conducting geological tests to determine the feasibility of constructing an alternate access to the adjacent private property from Alpine Road. DISCUSSION In July 1987, the District purchased 429 acres from Mr. Robert J. Slobe as an addition to Windy Hill Open Space Preserve. The 429-acre parcel was created by the subdivision of a 449-acre parcel into two parcels: the 429-acre parcel that was added to the preserve and a 20- acre parcel that was retained by Mr. Slobe. In August 1987, the Portola Valley Town Council approved the tentative map for the subdivision of the two parcels. The final subdivision map has not been completed. The District retains a right of first refusal on the 20-acre parcel. In October 1998, Mr. Slobe entered into a purchase agreement with Dirk and Charlene Kabcenell. The District did not exercise its right of first refusal due to the high contract price. In order to finalize the purchase agreement, Mr. Slobe is obligated to complete several outstanding issues which are pertinent to the management of the preserve, which include: (1) Confirming that a geologically stable access road can be constructed to serve the retained private parcel, (2) Conducting studies that indicate a geologically stable building site is possible on the property, and (3) Adjustment of the property line between the two parcels to finalize the exact boundaries of the 20-acre private parcel and the 429-acre preserve parcel as provided in the original purchase agreement. 330 Distel Circle . Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX: 650-691-0485 • E-mail: mrosdr+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 R-99-78 Page 2 At your December 9, 1998 meeting, you authorized the General Manager to execute a permit to enter with Mr. Slobe and four contractors to conduct geological tests and percolation tests on the preserve, and to access the adjacent private parcel to drill a well. Under the General Manager's authority to amend the permit to enter, it has been extended until October 15, 1999, to enable completion of these tasks. The access road alignment, as outlined in the purchase agreement with Mr. Slobe, enters the preserve at the main parking area on Portola Road in Portola Valley, follows the existing patrol route past Sausal Pond and begins the uphill climb towards Skyline Boulevard on Spring Ridge Trail, also an existing patrol route. The existing access road alignment requires an 850- foot extension of new driveway construction to reach the building site on the 20-acre parcel (see Exhibit 1). In order to comply with the Town's driveway standards, a 500-foot emergency access road would also need to be constructed utilizing the existing road system on the adjoining Sequoias retirement facility property. The Sequoias administration is agreeable to the concept. District maintenance and patrol staff would have access to the emergency alignment, but with no maintenance responsibility. The driveway (not the emergency access road through the Sequoias) could continue to serve as a public trail, however, the level of surfacing that will most likely be required to meet driveway standards in the Town of Portola Valley will change the character of the trail. At a minimum, baserock surfacing will be required to make it accessible year-round. Asphalt paving may be recommended by the Town of Portola Valley, and even desirable for the Kabcenells. The purchase agreement also allows for the development of an alternate driveway alignment from Alpine Road. The cost of designing and constructing the alternate alignment is the responsibility of the requesting party. The Kabcenells have indicated they would like to pursue this option and have requested a separate permit to enter to determine the feasibility of an alternate access driveway. You are not being asked to consider the alternate driveway alignment at this time. This permit to enter will allow the Kabcenells consultant to conduct survey work to create basemaps, and perform geological and geotechnical studies to determine if the site conditions are such that construction of the alternate alignment is possible. Backhoe trenching will likely be required on both sides of Corte Madera Creek to investigate possible fault activity. Soil borings will also be necessary in the areas of proposed improvements such as along the driveway alignment, bridge abutment and where creek bank stabilization work will occur. The soil auger is transported on a four-wheel drive vehicle. Where vehicle access is restricted, a portable light-duty drill may be used. If an alternate route is feasible and the g alignment is agreeable to the District and the g Kabcenells, the existing access road easement will be abandoned in favor of the alternate Director C Town staffrowder route. Staff has met with the Kabcenells, their consultants, , and the Town of Portola Valley Planning Commission to review a potential route for the alternate driveway access. As currently envisioned, the route enters the preserve from Alpine Road, at an existing gate near the junction of Alpine and Willowbrook Roads. The alternate route will R-99-78 Page 3 require a bridge crossing of Corte Madera Creek and about 1,000 feet of new road construction on the preserve (see attached map). The remainder of the driveway will utilize existing patrol roads and trails on the preserve for a total length of 1,990 feet. For a number of reasons, staff prefers the alternate alignment which would: 1. Lessen the Potential for Trail User/Private Vehicle Conflicts With the opening of the Portola Road parking area serving the Windy Hill Open Space Preserve, staff anticipates an increase in all uses of the preserve. In particular, staff anticipates an increase in use of the route between the parking area and the remainder of the preserve. When trail use is combined with private vehicle access, there is an increased potential for user conflicts, and public safety concerns are heightened. The Alpine Road entrance to the preserve is a secondary access point and receives less public use. As a result, fewer visitors would be impacted and the potential for conflicts would be greatly reduced. 2. Lessen the Length of Improved Road on the Preserve The alternate driveway to the private parcel from Alpine Road would be at least one-half mile shorter than the route from Portola Road. A shorter length of paved roadway translates into less grading required during construction, as well as less impervious surface and less runoff produced. A shorter length of driveway would also lessen the potential of trail user conflicts. 3. Improve the Access from Alpine Road for Emergencies and All-Weather Use Development of a bridged creek crossing at Corte Madera Creek would improve the current seasonal access to year-round status. This improves emergency vehicle response time, allows for increased patrol of this portion of the preserve, and enables all-weather access to the public, which we believe to be primarily local foot traffic. Currently, the primarily neighborhood public use of this entrance requires hopping across exposed rocks in the creekbed or wading through the creek if the water levels are such that the rocks are covered. A bridged crossing would continue to be open to public use for safe, all-weather access. The banks of the creek would be protected in that they would not be subjected to preserve visitors searching for a more suitable crossing location during high water conditions. Currently, District field staff has only seasonal access to the Alpine and Willowbrook Road area of the preserve in the event of emergencies. Since the access requires driving through the creek, it is used only in extreme emergency situations. Making this route all-weather accessible would increase the District's ability to provide ongoing patrol to this part of the preserve. In addition, the potential for bank damage and siltation from creekside use would be greatly reduced. Through routes, such as this proposal would create, are preferred because they enable greater coverage of the District's land holdings. Staff believes the fire marshal will also appreciate having vehicle access to this part of the preserve. R-99-78 Page 4 4. Lessen the Visual Impact A baserock-surfaced or asphalt paved road extending from the parking area, past Sausal Pond and up toward the private parcel, would have a significant impact on the visual qualities of the preserve. Preserve visitors are accustomed to the rural character of the existing road, which is an attractive introduction to the natural remainder of the preserve. Improving it to paved standards would certainly alter the character of the public's introduction to the preserve. At this point, staff anticipates that the upper portion of the driveway alignment as it approaches the private parcel(through the open meadow)would remain the same under either alternative. However, the visual impact both on the preserve and from neighboring private lands would be reduced with the proposed Alpine Road access route. The bridge crossing would be nearly invisible from Alpine Road, with distant views filtered through the trees. The roadway entrance to the preserve from Alpine Road immediately bends through the vegetation that hides it from view. After crossing the bridge, the road may be visible from Alpine Road, but again, the view would be filtered through the vegetation along the roadway. The trade-off of filtered views outweigh the paved driveway introduction to the preserve that the Portola Road development would offer. The greatest environmental impacts of this alignment will probably occur in the creek crossing area. The endangered red-legged frog has been found in Sausal Pond. Typically, red-legged frogs breed in standing water such as Sausal Pond, then may travel up to several miles from their breeding pond to spend the remainder of their adult lives. Their existence in Corte Madera Creek has not been substantiated, however it is a possibility. Staff and the consultants for the Kabcenells will be meeting with the Town's biological consultant to discuss the recent discovery of red- legged frogs in the area and how to minimize the impact on their local population. In addition, several sections of Corte Madera Creek will require some sort of bank protection in order to protect the footings of the bridge. The Kabcenell's consultants are currently researching various creekbank-armoring methods. This portion of the preserve will be closed during the trenching activity. Notices will be posted at trailheads on-site to alert preserve visitors. The trenches will be secured each evening and on weekends with plywood and soil to allow the area to be reopened to the public. Prior to finalization of the subdivision map, the proposed parcel line adjustments and access road alignment will come back to you for your consideration and approval. CEQA COMPLIANCE Project Descri ti�on This project consists of the issuance of a permit to enter to conduct a topographic survey, and geological and geotechnical investigations, which include trenching and investigating soil borings, to determine the feasibility of constructing an alternate driveway route to an adjacent R-99-78 Page 5 private property to Windy Hill Open Space Preserve. If the route is determined to be feasible for construction, consideration of the alternate alignment will occur at a later date. At that time, a CEQA determination would be made on the alignment. Project Determination Under CEOA The project is categorically exempt under section 15304 of the California Environmental Quality Act Guidelines. Categorical Exemption 15304 - Minor Alterations to Land The work allowed under this permit to enter includes trenching a 30-inch wide trench, 5 to 15 feet deep and approximately 150 feet long (cumulative total). In addition, soil borings will be conducted. The work is temporary and the site will be returned to a naturalized condition upon completion of the subsurface investigations. Prepared by: Mary de Beauvieres, Senior Planner Contact person: Same as above WI N DY41 I LL OPEN SPACE fZESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRIVEWAY COMPARISON ON - CURRENT DRIVEWAY 4,520 FT. �--© - EMERGENCY ROAD 530 FT. A TOTAL 5,050 FT. - PROPOSED DRIVEWAY 1,990 FT. ©~© THE - LENGTH DIFFERENCE 3,060 FT. SEQUOIAS 800 Sausal CURRENE DRIVEWAY -O~ p� 850 FT. r'� " A B D • .r c Ricge))".ail EMERGENCY Sp�1� ROAD WH01, �; ,� PROPOSED DRIVEWAY ALIGNMENT Q B D •' p a Anniversary Trail _• b�•E-- l�J r• . t Hamms Gulch Trail T • � , 7200 a, it jj I GJJOU p t«, „ Av Lost Trail �b ;vv EXHIBIT A 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile PERMIT TO ENTER This Permit is entered into by and between the Midpeninsula Regional Open Space District, a public District(hereinafter "DISTRICT"),Dirk A. and Charlene C. Kabcenell(hereinafter PERMITTEE),Pacific Geotechnical Engineering(Contractor one) and Freyer&Laureta, Inc. (Contractor two), hereinafter collectively referred to as"CONTRACTORS". This Permit to Enter is issued pursuant to the Purchase and Sale Agreement Between Robert J. Slobe and DISTRICT dated July 22, 1987. PERMITTEE has entered into an agreement to purchase adjacent private property(APN 076-340-080)from Robert J. Slobe. Pursuant to Resolution 97- 3 0, dated August 13, 1997, of the DISTRICT Board of Directors,the General Manager has the authority to amend Permits to Enter to extend expiration dates or make other minor amendments as needed. The parties hereby agree as follows: 1.0 Property DISTRICT grants PERMITTEE and CONTRACTORS permission to enter the portion of Windy Hill Open Space Preserve(hereinafter the "Preserve") located in Portola Valley, as shown on the attached"Map." Access to the Preserve shall be via Portola Road and/or Alpine Road(access point#1 and#2 on the map). 2.0 Purpose This Permit to Enter is for the purpose of providing CONTRACTORS access to the Windy Hill Open Space Preserve to conduct survey work and complete geotechnical and geologic studies to determine the feasibility of constructing an alternate access route from Alpine Road to the adjacent property(APN 076-340-080). The work will include: 1) Collecting survey data points to prepare a topographic survey map. 2) Determining the likely location of the San Andreas fault by conducting a detailed geologic mapping exercise by examining the cut banks of Corte Madera Creek for evidence of faulting. 3) Investigating a backhoe trench or several short trenches for possible fault activity. Trenches will by 30" wide, 5 to 15 feet deep and approximately 150 feet long (cumulative total). Trenches may be needed on both sides of Corte Madera Creek. 4) Conducting geotechnical investigations by inspecting drilled soil borings in the areas of proposed improvements(i.e., along the driveway alignment, bridge abutment and where creek bank stabilization work will take place). The soil auger is transported on a four wheel drive truck. Where vehicle access is restricted, a portable, light-duty drill may be used. Permit to Enter Page 2 3.0 Activity Conditions The activity shall be subject to the following conditions: a. CONTRACTORS will be responsible for obtaining all necessary permits and following all pertinent procedures. Copies of the permits shall be provided to DISTRICT prior to starting work on the site. b. DISTRICT shall provide CONTRACTORS with a lock combination for access to the gates at the Portola Road and Alpine Road entries to the preserve. In no event, shall heavy equipment or vehicles be allowed in the creek. C. CONTRACTORS shall notify DISTRICT at least one week(7 days)prior to commencement of any work. Requests shall be directed to the District Representative. Written permission shall be required from the District Representative prior to any work. d. Wet weather conditions shall prohibit vehicle access. A minimum of two weeks of dry weather is needed following any significant rainfall (1/4 inch or greater), unless approved in writing by the District Representative. e. In the event mowing is required, spotters will be provided by CONTRACTORS to observe the mower as it drives across dry grass to ensure against fire. In the event a spark ignites the grass, spotters will immediately douse the spark using either a fire extinguisher or water. f. CONTRACTORS will provide DISTRICT with a schedule of operations and keep DISTRICT informed of any changes in the schedule. g. CONTRACTORS will perform trenching and trench investigation work on weekdays only. Any open trenches must be either backfilled, or covered with plywood and soil to allow the site to open to public access in the evenings and on weekend days. CONTRACTORS will be responsible for installing temporary barriers and fences, and taking other necessary measures to protect the public from any injury or damage resulting from the trenching activities. CONTRACTORS will cover any open trenches with plywood and soil and install additional fencing as needed to secure the site when the area is left unattended. h. CONTRACTORS will be responsible for restoring any damage to the Preserve to a condition equal to or better than the original condition of the area, including conventional backfilling of the trench(es), slight"mounding" of excess soil, and "wheel rolling" to attain an approximate field compaction of 80% for the surficial soils. Additionally, CONTRACTORS will re-seed the disturbed area with a seed mix prescribed by the District Representative. Permit to Enter Page 3 i. In the event any trees need to be trimmed or removed in the course of this work, CONTRACTORS must first notify the District Representative of the trees to be impacted. Upon the District Representative's written authorization, CONTRACTORS will be responsible for trimming trees and disposing of the cut material to the satisfaction of the District Representative. Limb cuts shall be flush with the adjoining limbs or the main trunk of the tree. j. Vehicle parking or storage of materials related to the trenching activities will be limited to an area designated by the District Representative. CONTRACTORS will meet on site with District staff prior to commencement of the trenching activities to determine the designated area. k. CONTRACTORS shall notify DISTRICT upon completion of all work and arrange for a site inspection with DISTRICT staff before vacating the site. 1. A copy of this permit shall be maintained on site at all times that the work is taking place. 4.0 Term Vehicle access to the site is limited to Monday through Friday, 8:00 a.m. to 5:00 p.m. Foot traffic on the site is allowed from sunrise until one-half hour after sunset. The term of this Permit to Enter shall expire on October 15, 1999. 5.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) with a copy to: David Sanguinetti, Area Superintendent Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 949-1848 (650) 949-1781 (FAX) Permit to Enter Page 4 DISTRICT Mary de Beauvieres, Senior Planner REPRESENTATIVE: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) PERMITTEE: Dirk A. and Charlene C. Kabcenell 557 Crests Vista Lane Portola Valley, CA 94028 (650) 854-1079 (650) 854-8170 (FAX) CONTRACTOR ONE: Peter C. Anderson Pacific Geotechnical Engineering 16055-D Caputo Drive Morgan Hill, CA 95037 (408) 778-2818 (408) 779-6879 (FAX) CONTRACTOR TWO: Freyer&Laureta, Inc. 2050 Pioneer Court, 2°d Floor San Mateo, CA 94403 (650) 349-0803 (650) 349-0885 (FAX) 6.0 Indemnification and Release of Liability CONTRACTORS and PERMITTEE agree that the use of equipment and tools on the property of DISTRICT shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of DISTRICT or to the public. CONTRACTORS and PERMITTEE agree to indemnify, hold harmless, defend and protect the District, its officers, directors, agents and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses, (including reasonable attorney's fees), penalties, judgements or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary, or monetary loss that results from, arises out of, or in any way relates to the activities of CONTRACTORS or PERNUTTFE under this permit. CONTRACTORS and PERMITTEE hereby waive all claims and recourse against DISTRICT, including the right of contribution for loss or damage to property, and releases DISTRICT from any liability related to or in any way connected to CONTRACTORS' and/or PERMITTEES' Permit to Enter Page 5 activities or CONTRACTORS' and/or PERMITTEES'use of the project site, premises, Preserve, or facilities pursuant to this Permit to Enter. CONTRACTORS and their subcontractors shall have sole responsibility for the safeguard of their equipment, property, and personnel (i.e., employees, agents officers) from any and all injury, death, or damage. 7.0 Insurance Through out the term of this agreement, CONTRACTORS, at their sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage arising out of the CONTRACTORS' activities pursuant to this Permit to Enter. Limits shall be not less than $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. This permit is not valid without CONTRACTORS' insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name DISTRICT as an additional insured. Throughout the term of this agreement, CONTRACTORS, at their sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. Such insurance policies shall not be canceled or materially changed without thirty(30) days' advance written notice to DISTRICT at the address shown under NOTICES. 8.0 Cancellation This Permit To Enter may be canceled by DISTRICT upon 24 hours notice to PERNUTTEE and CONTRACTORS upon breach of conditions of this Permit to Enter. The above Permit to Enter has been read and understood and is hereby agreed to and accepted. Facsimile signatures will not be accepted. All signatures shall be original and on this original Permit to Enter. PERMTTTEE,DIRK A.AND CHARLENE C. KABCENELL Date Dirk A. Kabcenell Date Charlene C. Kabcenell i i Permit to Enter Page 6 CONTRACTOR ONE,PACIFIC GEOTECHNICAL ENGINEERING By Date Print Title CONTRACTOR TWO,FREYER& LAURETA,Inc. By Date Print Title MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date L. Craig Britton, General Manager Attest Date Peggy Coats,District Clerk Approved as to form: Sue Schectman, District Legal Counsel l WINDY ' ILL OPEN SPACE VZESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT o PORTOLA VALLEY ON ACCESS POINT #1 ' (WH05) .,J 8(IQ '•sausal p : . f J 1.••Pond Q� et e `.. P o Ride P\Q�� 1 zon S r� & Tsai! 0.3 \ STUDY �pp 1406 0.2 AREA y (WHOM ��� VAIU/i 0.2 0.4 '---� �- 0.4 / 2(W46) ��• .,Anniversary Trail •� _. 4fTn'S / ACCESS POINT #2 �.WIN; Hamms Gulch Trail 26 ,00lf / lsoo c� 1400 1600 r LostTrail 1 M� 8Otrlevard 0.4LJ, F t t11 5,v9 EXHIBIT A 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile Map Legend Trail Use Parking Lot — — Creek ......•• Hiking Only 6 Roadside Parking O 1�o OO Trail Distance in Miles —•— Hiking,Equestrian Restroom Gate(#s) Hiking,Bicycling,Equestrian Driveway-Authorized No Public Entry } Dogs on Leashes Permitted Vehicles Only E::] Private or Leased Lands Only on Designated Trails Regional Open , _ .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-73 Meeting 99-13 May 26, 1999 AGENDA ITEM 3 AGENDA ITEM Right of Entry for Caltrans to Perform Emergency Repairs to State Highway 35 (Coal Creek Open Space Preserve) GENERAL MANAGER'S RECOMMENDATION I. Authorize the General Manager to execute a Right of Entry with Caltrans for emergency repairs to State Highway 35 (Coal Creek Open Space Preserve). DISCUSSION(see attached man) In April 1999, Caltrans contacted the District requesting a Right of Entry to complete repairs as a result of storm related damage on State Highway 35 (Skyline Boulevard) adjacent to Coal Creek Open Space Preserve. The project consists of two phases, but the requested Right of Entry is only needed for the second phase of the repair. The first phase that is already under construction entails the installation of a pile retaining wall along the shoulder of State Highway 35. Steel `H' beams will be placed inside the opening of each pile along with concrete backfill. This phase of the project will help prevent future slipouts along this portion of the road. The second phase is adjacent to, and north of, the first phase of the project, and will involve the removal of failed soil caused by the slipout, as well as requiring digging a"key" into the existing soil for added reinforcement. A 6-inch perforated drainage pipe will be installed at the toe of the slope. Drainage material will also be placed at the base of the embankment and it will be reconstructed with geosynthetic reinforcement placed at 2-foot intervals. Once rebuilt, the embankment will be constructed at a 1.5 (horizontal) to 1 (vertical) slope, or 75%. The face of the embankment will be covered with an erosion control fabric and re-seeded with a native mixture approved by District staff. This is the only phase of the project that may encroach upon District land and necessitate a Right of Entry. CEQA DETERMINATION The State of California, Department of Transportation(Caltrans), lead agency for the project, will complete the CEQA determination. The project is anticipated to be statutorily exempt. The work being performed is similar to that which occurred at the La Honda Creek Open Space Preserve repair project (see report R-97-149). That project was statutorily exempt. 330 Distel Circle • Los Altos,CA 94022-1404 - Phone:650-691-1200 FAX:650-691-0485 - E-mail:mrosd@openspace.org - Web site:www.openspace.org ' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz -General Manager:L.Craig Britton R-99-73 Page 2 TERMS AND CONDITIONS If the slope stabilization work and drainage improvements encroach on District property, Caltrans will need to obtain easement rights from the District. As part of the proposed right of entry Caltrans has agreed to the following: 1) Restore any District land impacted by the road slipout. 2) Install erosion control fabric and hydroseed with a native seed mix to stabilize the embankment adjacent to District land. 3) Promptly negotiate for long term property rights from the District requiring compensation, and/or cooperating with District to obtain easements rights along State Highway 3 5. The proposed Right of Entry assures protection of District land and allows for the repair of State Highway 35. This document includes protections that were included in previous Rights of Entry with Caltrans and is acceptable to District staff and legal counsel. Prepared by: Douglas Vu, Open Space Planner Contact person: Michael C. Williams, Real Property Representative 1 ' FOOTHILLS PARK ., a City of Pafo Alto (Open to Palo Alto Residents Only) ,ptel -(RRon os A Barn 2000 / 1400 \ tj • f 0.2 C:)2200 I \ Mt.Melville 1a0o A 1600 } •; V' 0.5 t �� �? 2z00 COAL CREEK (cco4) A OPEN SPACE PRESERVE a ,I „ B�����o CCos ` .,. dew J _ cc aN •• (tlosed area)y 2000 1 1.2 04 0.7 � � � o 0• \\\\\\ 1800 (RR06) 2400 zzao 0.2 RiprgP PROJECT LOCATION i d h0o (RROS) 4� 0.5 si �" �• t f O0.6 0 2400 Vista Point 0.5.1 p oad (RR01) `' 2000 0.7 0.5 (cc, 9i0' t`��ia11 k�InP�o MQadow�11 0.8 V'`0.2 S P C 0.3 0.5 P`d~O' 2200 (MB04)MONTE 1 0.3 (mBo„`'_BELLO Borel OPEN Hill �2572' 0.3 SPACE `---� PRESERVE 0.3 (ccon RUSSIAN RIDGE • d •.. zaaa Ri Se Trail OPEN-SPACE QSrai/'" 0.2 os PRESERVE o.a�' 0.5 0.3 1600 v Nil 2400 0. 1 0 ` z2oo a�srr 3 Alpine Ro d 2000 PO) .. 1800 0.2 ~� 0.2 0.1 ,..� . 1.0 (RR02) M ( 1.0 141 0.2 li(SROS) 0.1 0.1 "1�J Mr"de 1800 SKYLINE-RIDGE Alpine OPEN SPACE Pond PRESERVE/ \ C 1.7 a 1600 141 0 1200 Alpine Creek . J 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile EXHIBIT A: PROJECT LOCATION 11/98 Exhibit NON-LEGUME SEED - Non-legume seed shall consist of the following: NON-LEGUME SEED Botanical Name Percent Kilograms pure live seed per hectare (Common Name) Germination (Slope measurement) (Minimum) Hordeum vulgar e 60 62.0 (US 603 Barley) Bromus carinatum* 60 12.0 (California Brome) El us glaucus 'Berkeley'* 60 10.0 (Blue Wildrye) Eschscholzia californica* 50 1.0 (California Poppy) Achillea millefolia* 50 2.0 (White Yarrow) Vulpia microstachys* 50 3.0 (Six Week Fescue) * Use only native species teed produced in California Seed shall be delivered to the job site in unopened separate containers with the seed tag attached. Containers without a seed tag will not be accepted. A sample of approximately 30 g of seed will be taken from each seed container by the Engineer. COAL CREEK OPEN SPACE PRESERVE Midpeninsula Regional Open Space District Excavate and rebuild embankment using native soil and imported embankment borrow at 90% relative compaction. cut face - 22' z' Primary Geogrid (1200 lbs./ft.) —Secondary Geogrid (400 lbs./ft.) Filter Fabric Class 3 Permeable Material 6" Perforated Plastic Pie __ Shear Key at 95% P Relative Compaction Outlet with a 6" Non-perforated Plastic Pipe Slope Rebuild Scale: 1" = 10' EXHIBIT C: EMBANKMENT RECONSTRUCTION Regional Oper --)ace May 26, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RIGHT OF ENTRY Mr. Harry Y. Yahata 4-SM-35 P.M. 4.44 District Director of Transportation E.A. 1 S5203 Department of Transportation, Dist. 4 Parcel No. 57177 111 Grand Avenue Oakland, CA 94612-3771 Dear Mr. Yahata: Permission is hereby granted to the State of California,Department of Transportation("State")to enter upon Midpeninsula Open Space District("District")land, as shown on the attached map, marked Exhibit A and incorporated by this reference, for the purpose of repairing a slide along the shoulder of Highway 3 5. The work shall involve the removal of the failed material, digging a key into good material, install drainage improvements, and rebuilding the embankment with geosynthetic reinforcement. The rebuilt embankment will be constructed at a 1.5 (Horizontal)to 1(Vertical) slope. The face of the embankment will be covered with an erosion control fabric and reseeded. The hydroseeding and erosion control seed selection is specified in Exhibit B and incorporated by this reference. It is understood that this permission is not a waiver in any way of the right to compensation for District land or use of District land or of any remedy authorized by law to secure payment therefor. It is further agreed that if District land is graded and/or any trees or shrubs are removed or cut down, State agrees to restore the impacted area to its previous condition, including the restoration of the native plantings which existed prior to said work. State will use caution when working around all existing trees and structures. This permission is granted in consideration of the location, improvement and construction of such highway and incidents thereto, which it is understood is required by the State of California, Department of Transportation, with the understanding that State will hereafter, without unnecessary delay, negotiate with the undersigned, and any other person, if any, having any right, title, or interest in said property, to agree upon terms of compensation. State will promptly apply to District for the legal right to maintain, repair, and install the above-described improvements on District land on a permanent basis in the form of a slope and drainage easement. State and District will thereupon negotiate in good faith in order to agree upon an appropriate amount of compensation for granting such permanent rights and the nature of the compensation, whether in money, property interests, on- or off-site mitigation, or any combination thereof. If any agreement cannot be reached State will promptly commence eminent domain proceedings, including a deposit of funds to support an Order for Possession, to have such a compensation determined. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX: 650-691-0485 . E-mail: mrosd rr wenspace.org e Web site:www.openspace.org Bwrd of Oirectors Pete Siemen,,Nlary C. Rivev,led C:vr, Deana Little,Nonette Hanko, Betsc C rowder, Kenneth C. Nitz •General Ntanager:L.Craig Britton Mr. Harry Y. Yahata May 26, 1999 Page 2 Section 1245.235 of the Code of Civil Procedure requires the State of California, Department of Transportation, to give each person whose property is to be acquired by eminent domain, notice and a reasonable opportunity to appear before the California Transportation Commission and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure, which provides: The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The Public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record (if an offer has not been made an appraisal will be prepared as soon as practicable and an offer made of the full amount of such appraisal). By granting this right of entry to the State of California, Department of Transportation, District hereby waives its right to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure, as quoted above. District agrees that State can establish the truth of the above-quoted matters, and District will not contest the adoption of a resolution of necessity by the California Transportation Commission. Therefore, because Section 1245.250 of the Code of Civil Procedure states that the adoption of a resolution of necessity by the California Transportation Commission conclusively establishes the matters quoted above, it is understood that the issues which will be determined in any subsequent eminent domain proceeding will be limited to those of just compensation as they relate to the property covered by this agreement and no issues will be raised therein, or in preliminary proceedings thereto, challenging the public use or necessity of the project, or the utilization therefor of the property covered by this right of entry. It is agreed and confirmed by the parties hereto that the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on May 31, 1999. This Right of Entry shall automatically terminate on July 15, 1999, absent further written agreement between the parties hereto. The State of California, Department of Transportation will pay interest on the just compensation paid from the date of possession by the State of California, Department of Transportation. The rate of interest will be the rate of earnings of the Surplus Money Investment Fund and computation will be in accordance with Section 1268.350 of the Code of Civil Procedure. Interest will be computed to and including the date of deposit of compensation. State agrees to indemnify, hold harmless, defend, and protect District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney fees), penalties,judgments, or obligations whatsoever Mr. Harry Y. Yahata May 26, 1999 Page 3 in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of the State or its agents or contractors pursuant to the work performed under this Right of Entry. State hereby waives all claims and recourse against District, including the right of contribution for loss or damage to property, and releases District from any liability related to or in any way connected to the State's activities or the State's use of the project site, premises, or facilities. The State and its contractors and subcontractors shall have sole responsibility for the safeguard of their equipment, property, and personnel (i.e., employees, agents, officers) from any and all injury, death, or damage and State shall, at its option, either repair or pay for such damages. Sincerely, RECOMMENDED FOR APPROVAL: NI DPENiNSULA REGIONAL OPEN SPACE DISTRICT By: Gregory L. Holtom Right of Way Agent Acquisition Services L. Craig Britton General Manager By: ACCEPTED: Mark L. Weaver Right of Way Agent STATE OF CALIFORNIA Acquisition Services DEPARTMENT OF TRANSPORTATION By: By: John A. Hibel Barbara J. Webb Office Chief District Branch Chief R/W Acquisition/LPA Services R/W Acquisition Services Date: Regional Open !, ice R-99-83 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-13 May 26, 1999 AGENDA ITEM 4 AGENDA ITEM Authorize the General Manager to Request a Shortened Review Period From the State Clearinghouse for the Proposed Negative Declaration to Purchase Lands of Arlie Land and Cattle Company to Establish the Bear Creek Redwoods Open Space Preserve GENERAL MANAGER S RECOMMENDATION Adopt the attached Resolution authorizing the General Manager to submit a written request to the State Clearinghouse for a shortened review period for a proposed negative declaration under the California Environmental Quality Act to purchase lands of Arlie Land and Cattle Company in accordance with that certain Agreement for Option and Purchase of Real Property entered into on March 10, 1999. DISCUSSION At your meeting of March 10, 1999, you approved the agreements necessary to begin the process for acquiring the lands of Arlie Land and Cattle Company(see Report R-99-07). The agreements provide for a future private development process wherein the District could acquire approximately 800 acres of an 1,100 acre property for public open space. The agreement also provided for an option to purchase the entire property which was designed to enable the District to seek additional funding from private and public sources. The option was to expire March 31, 1999, but as provided in the agreement and at your meeting of March 24, 1999 (see Report R-99-56), you authorized the General Manager, at his discretion, to extend the option period until June 30, 1999. Accordingly, the General Manager extended the option period on March 30, 1999. Since the option was extended, staff has been taking the procedural steps necessary to complete the purchase of the entire property by June 30, 1999. Due to the nature of the acquisition and related site clean-up requirements, it has been determined that a negative declaration is required and needs to be circulated for public review prior to your consideration and possible action at or near the end of June. In accordance with the California Environmental Quality Act (CEQA), the negative declaration has to be submitted to the State Clearinghouse for a period of not less than 30 days or, under exceptional cases, the period may be shortened to not less than 20 days. Provisions in the CEQA guidelines provide that in exceptional cases, such as the proposed acquisition, where severe time constraints exist, the time frame may be shortened. The process for requesting a shortened review period requires you to authorize the General Manager by resolution to submit such a request in writing to the State Clearinghouse prior to circulation of the proposed negative declaration. Prepared by: Del Woods, Senior Acquisition Planner 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 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 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING GENERAL MANAGER TO SUBMIT A REQUEST TO THE STATE CLEARINGHOUSE FOR A SHORTENED REVIEW PERIOD FOR PROPOSED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PROPOSED ESTABLISHMENT OF BEAR CREEK REDWOODS OPEN SPACE PRESERVE-PURCHASE OF LANDS OF ARLIE LAND AND CATTLE COMPANY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One, On March 10, 1999 the Board of Directors of the Midpeninsula Regional Open Space District entered into that certain Agreement for Option and Purchase of the lands of Arlie Land and Cattle Company. In accordance with said Agreement, the option to purchase the entire property was subsequently extended to June 30, 1999. It has been determined that a negative declaration needs to be prepared as a part of this acquisition, creating a severe time constraint on completing the transaction. Section Two. The Guidelines for Implementation of the California Environmental Quality Act, Article 8, Section 15105, provide for a shortened review period of negative declarations under exceptional circumstances, including projects under severe time constraints. Section Three. The Board of Directors hereby finds and declares that the preparation and review of said negative declaration is under a severe time constraint as described in said Guidelines. Section Four. Accordingly, the General Manager of the District is authorized to submit a request in writing to the State Clearinghouse for a shortened review period of the proposed negative declaration to purchase lands of Arlie Land and Cattle Company in order to establish Bear Creek Redwoods Open Space Preserve. RESOLUTION NO. 99-20 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING GENERAL MANAGER TO SUBMIT A REQUEST TO THE STATE CLEARINGHOUSE FOR A SHORTENED REVIEW PERIOD FOR PROPOSED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PROPOSED ESTABLISHMENT OF BEAR CREEK REDWOODS OPEN SPACE PRESERVE-PURCHASE OF LANDS OF ARLIE LAND AND CATTLE COMPANY) The Board of Directors of the Midpeninsula,Regional Open Space District does resolve as follows: Section One. On March 10, 1999 the Board of Directors of the Midpeninsula Regional Open Space District entered into that certain Agreement for Option and Purchase of the lands of Arlie Land and Cattle Company. In accordance with said Agreement, the option to purchase the entire property was subsequently extended to June 30, 1999. It has been determined that a negative declaration needs to be prepared as a part of this acquisition, creating a severe time constraint on completing the transaction. Section Two. The Guidelines for Implementation of the California Environmental Quality Act, Article 8, Section 15105, provide for a shortened review period of negative declarations under exceptional circumstances, including projects under severe time constraints. Section Three. The Board of Directors hereby finds and declares that the preparation and review of said negative declaration is under a severe time constraint as described in said Guidelines. Section Four. Accordingly, the General Manager of the District is authorized to submit a request in writing to the State Clearinghouse for a shortened review period of the proposed negative declaration to purchase lands of Arlie Land and Cattle Company in order to establish Bear Creek Redwoods Open Space Preserve. RESOLUTION NO. 99-20 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on May 26 19 99 at a regular meeting thereof, by the following voite: AYES: Jed Cyr, Betsy Crowder, Mary Davey, Nonette Hanko, Deane Little, Ken Nitz, Pete Siemens NOES: None ABSTAIN: None ABSENT- None ATTEST: APPROVED: Secretary, Board of Directors Presid6nt, Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Distric ler Claims No. 99-10 Meeting 99-13 Date: May 26, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6141 1,236.37 Acme& Sons Sanitation Sanitation Services 6142 391.78 Bailey's Field Supplies 6143 662.00 *1 California Department of Fish & Game Permit 6144 100.00 California Park& Recreation Society Recruitment Advertisement 6145 124.40 California Water Service Water Service 6146 303.00 Camino Medical Group Medical Services 6147 46.90 Cascade Fire Equipment Company Pumper Part 6148 66.57 Contemporary Engraving Name Plates 6149 87.50 D &J Plumbing Repair Parts 6150 1,190.00 Decatur Electronics Radar Unit 6151 1,200.00 Emily &Associates Planning Team Consultant 6152 164.65 Farrelle Communications Vehicle Repairs 6153 66.95 Foster Bros. Security Systems, Inc. Keys 6154 41.73 G & K Services Shop Towel Service 6155 352.02 Green Waste Recovery, Inc. Dumpster Service 6156 576.90 JBRO Batteries, Inc. Radio Batteries 6157 187.68 Jobs Available Recruitment Advertisement 6158 60.00 Matt Ken Reimbursement--Uniform Items 6159 797.95 Randy Klein Sediment Damage-Consulting Service 6160 935.20 Lanier Worldwide, Inc. Copier Lease Agreement 6161 133.64 Los Altos Garbage Company Dumpster Service 6162 112.84 Paul McKowan Vehicle Expense 6163 648.42 Micro Accounting Solutions Computer Upgrades 6164 50.00 City of Mountain View Recreation Division Facility Event Fee 6165 4,000.00 *2 Navarone Industries, Inc. Postage 6166 43.25 Northern Energy, Inc. Propane Service 6167 730.55 Office Depot Office Supplies 6168 12.77 Orlandi Trailer, Inc. Trailer Hitch Pins 6169 62.46 Pacific Bell Telephone Service 6170 174.01 Pip Printing Business Card Printing 6171 67.70 Precision Engravers, Inc. Name Tag Engraving 6172 34.13 Rayne Water Conditioning Water Service 6173 50.63 Recreational Equipment, Inc. Field Equipment 6174 1,127.82 Roy's Repair Service Vehicle Maintenance& Repairs 6175 114.75 Safety-Kleen Systems, Inc. Solvent Tank Service 6176 508.12 San Francisco Newspaper Agency Recruitment Advertisement 6177 1,557.85 San Jose Mercury News Recruitment Advertisement 6178 10.00 *3 San Mateo County Public Health Lab Tick Testing 6179 10.00 *4 San Mateo County Public Health Lab Tick Testing 6180 409.19 Silacci's Feed Barn Gates 6181 63.67 Skywood Trading Post Fuel 6182 1,200.00 *5 Oran L. Slaght Security Deposit-Sierra Azul 6183 19.24 *6 UPS Parcel Post Service 6184 1,020.00 Special Park Districts Forum Registration:C. Britton, K. Nitz& G. Baillie 6185 2,129.12 Stevens Creek Quarry Road Repair Materials 6186 53.04 Summit Uniforms Uniforms Pagel Claims No. 99-10 Meeting 99-13 Date: May 26, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6187 162.37 Teater& Etc. ROSS Brochure- Photo Work 6188 759.29 Therma Corp. HVAC Repair-Distel Building 6189 1,676.53 United Rentals Rental Equipment--Field 6190 766.90 Vallen Safety Supply Company Safety Equipment 6191 193.42 Valley Saw, Inc. Tool Sharpening Service 6192 4,978.41 Visa 205.67- Uniforms 254.28- Business Meeting Expense 1173.00-Conference Expenses 71.62 -Computer Expense 1626.95 - Board Room Audio Equipment 37.56-Vehicle Expense 550.00- Recruitment Advertisement 1059.33- Field Supplies 6193 225.00 Verio-VNC Remittance Center Internet Service Provider 6194 270.63 West Tek Supply, Inc. Field Supplies 6195 307.50 Whitmore, Johnson & Bolanos Legal Services 6196 300.00 Roberta Wolfe Recording Services 6197 31.93 The Workingman's Emporium Uniforms 6198 59.00 ZD Journals Newsletter Subscription 6199R 1,550.00 Lanier Worldwide, Inc. Copier Leases 6200R 1,800.00 Navarone Mailing Services Annual Report Mailing 6201 R 255.64 Pitney Bowes Credit Corporation Postage Meter Lease 6202R 525.00 *7 Santa Clara County Planning Office Certificate of Compliance Fee-Foster Acq. 6203R 276.50 Petty Cash Local Business Meetings, Fuel, Office Supplies, Film& Developing, & Nature Center Supplies *1 Urgent Check Issued May 19, 1999 *2 Urgent Check Issued May 19, 1999 *3 Urgent Check Issued May 13, 1999 *4 Urgent Check Issued May 17, 1999 *5 Urgent Check Issued May 19, 1999 *6 Urgent Check Issued May 18, 1999 *7 Urgent Check Issued May 26, 1999 Total 37,072.92 Page 2 Claims No. 99-10 Meeting 99-13 Date: May 26, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6141 1,236.37 Acme &Sons Sanitation Sanitation Services 6142 391.78 Bailey's Field Supplies 6143 662.00 *1 California Department of Fish &Game Permit 6144 100.00 California Park& Recreation Society Recruitment Advertisement 6145 124.40 California Water Service Water Service 6146 303.00 Camino Medical Group Medical Services 6147 46.90 Cascade Fire Equipment Company Pumper Part 6148 66.57 Contemporary Engraving Name Plates 6149 87.50 D &J Plumbing Repair Parts 6150 1,190.00 Decatur Electronics Radar Unit 6151 1,200.00 Emily &Associates Planning Team Consultant 6152 164.65 Farrelle Communications Vehicle Repairs 6153 66.95 Foster Bros. Security Systems, Inc. Keys 6154 41.73 G & K Services Shop Towel Service 6155 352.02 Green Waste Recovery, Inc. Dumpster Service 6156 576.90 JBRO Batteries, Inc. Radio Batteries 6157 187.68 Jobs Available Recruitment Advertisement 6158 60.00 Matt Ken Reimbursement--Uniform Items 6159 797.95 Randy Klein Sediment Damage-Consulting Service 6160 935.20 Lanier Worldwide, Inc. Copier Lease Agreement 6161 133.64 Los Altos Garbage Company Dumpster Service 6162 112.84 Paul McKowan Vehicle Expense 6163 648.42 Micro Accounting Solutions Computer Upgrades 6164 50.00 City of Mountain View Recreation Division Facility Event Fee 6165 4,000.00 *2 Navarone Industries, Inc. Postage 6166 43.25 Northern Energy, Inc. Propane Service 6167 730.55 Office Depot Office Supplies 6168 12.77 Orlandi Trailer, Inc. Trailer Hitch Pins 6169 62.46 Pacific Bell Telephone Service 6170 174.01 Pip Printing Business Card Printing 6171 67.70 Precision Engravers, Inc. Name Tag Engraving 6172 34.13 Rayne Water Conditioning Water Service 6173 50.63 Recreational Equipment, Inc. Field Equipment 6174 1,127.82 Roy's Repair Service Vehicle Maintenance& Repairs 6175 114.75 Safety-Kleen Systems, Inc. Solvent Tank Service 6176 508A2 San Francisco Newspaper Agency Recruitment Advertisement 6177 1,557.85 San Jose Mercury News Recruitment Advertisement 6178 10.00 *3 San Mateo County Public Health Lab Tick Testing 6179 10.00 *4 San Mateo County Public Health Lab Tick Testing 6180 409.19 Silacci's Feed Barn Gates 6181 63.67 Skywood Trading Post Fuel 6182 1,200.00 *5 Oran L. Slaght Security Deposit-Sierra Azul 6183 19.24 *6 UPS Parcel Post Service 6184 1,020.00 Special Park Districts Forum Registration:C. Britton, K. Nitz& G. Baillie 6185 2,129.12 Stevens Creek Quarry Road Repair Materials 6186 53.04 Summit Uniforms Uniforms Pagel Claims No. 99-10 Meeting 99-13 Date: May 26, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6187 162.37 Teater& Etc. ROSS Brochure Photo Work 6188 759.29 Therma Corp. HVAC Repair-Distel Building 6189 1,676.53 United Rentals Rental Equipment--Field 6190 766.90 Valley Safety Supply Company Safety Equipment 6191 19142 Valley Saw, Inc. Tool Sharpening Service 6192 4,978.41 Visa 205.67- Uniforms 254.28- Business Meeting Expense 1173.00-Conference Expenses 71.62-Computer Expense 1626.95- Board Room Audio Equipment 37.56-Vehicle Expense 550.00 - Recruitment Advertisement 1059.33- Field Supplies 6193 225.00 Verio-VNC Remittance Center Internet Service Provider 6194 270.63 West Tek Supply, Inc. Field Supplies 6195 307.50 Whitmore, Johnson & Bolanos Legal Services 6196 300.00 Roberta Wolfe Recording Services 6197 31.93 The Workingman's Emporium Uniforms 6198 59.00 ZD Journals Newsletter Subscription *1 Urgent Check Issued May 19, 1999 *2 Urgent Check Issued May 19, 1999 *3 Urgent Check Issued May 13, 1999 *4 Urgent Check Issued May 17, 1999 *5 Urgent Check Issued May 19, 1999 *6 Urgent Check Issued May 18, 1999 Total 32,665.78 Page 2 Regional Open . _ .ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager �r DATE: May 26, 1999 SUBJECT: FYI 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig,Britton STATE CAPITOL Y If COMMITTEES: P.O.BOX 942849 *.y*.y��y L. EDUCATION SACRAMENTO,CA 94249-0001 ENVIRONMENTAL SAFETY AND (916)319-2024 TOXIC MATERIALS FAX(916)319 2724 fido rn?l' 1l-aPgisnfu � PUBLIC SAFETY,Vice-Chair E-mail:Jim.Cunneen®asm.ca.gov � I1 DISTRICT OFFICE 901 CAMPISI WAY,SUITE 300 JIM CUNNEEN CAMPBELL,CA 95008 ASSEMBLYMEMBER,TWENTY-FOURTH DISTRICT (408)369-8 70 -81 Representing the communities o Campbell,Cupertino, FAX(408)369-8174 � g f Y Y Los Altos,Los Gatos,Monte Sereno,San Jose,Saratoga,and Sunnyvale May 21, 1999 L. Craig Britton MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear L. Craig: Thank you for your recent letter regarding the purchase of part of the old Alma College property to become the Bear Creek Redwoods Regional Preserve . I appreciate your interest in open space which is such an important resource in our valley. Please know that I have long been an advocate for open space . Just last year I worked with the Audobon Society and the State Department of General Services to try to transfer a portion of the Agnews site to the City of Santa Clara to be used for open space . I also supported Midpenninsula Regional Open Space District ' s request for a $90, 000 matching grant to construct the Jacques Ridge Staging Area for the Bay Area Ridge Trail . Additionally, I have supported park bond proposals every year since my election to the California State Assembly in 1995 . This year, I introduced a measure, AB 1578 , to increase the Midpenninsula Regional Open Space District ' s flexibility with exchanging lands and crafting private non-profit land trusts, as well as, made a budget request for $1 million for the Guadalupe River Park trail . Specifically on the Bear Creek Redwoods funding request, I understand a state budget request for $5 million has been made. I will certainly support this request at every opportunity. I also considered trying to incorporate such an allocation in the park bond proposal that is before the California State Legislature . Unfortunately, a park bond can not be placed before the voters prior to the June 30th deadline . Rest assured that I will continue to look for other ways to obtain funding prior to the June 30th deadline and coordinate MAC 4 Printed on Recycled Paper ' these efforts with the Midpenninsula Regional Open Space District Board. I strongly believe that proper maintenance of our parks and establishing open space is critical to the quality of life we enjoy here in Santa Clara County. I will continue to be a strong supporter of open space and thank you for your interest in this most precious commodity here in the valley. Sincerely, EEN ;semblymember 24th District JC: sm Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 21, 1999 Mr. Joe Cernac Sierra Club - Loma Prieta Chapter 1922 The Alameda, Room 213 San Jose, CA 95126 Re: Woods Road Grading, Sierra Azul Open Space Preserve Dear Mr. Cernac: Thank you for your letter of May 19, 1999 expressing concern about the extent of grading performed on Woods Road in the District's Sierra Azul Open Space Preserve. The grading you refer to was done by Pacific Gas and Electric Company(PG&E)as part of a major project to add another conductor to the existing high voltage transmission line that traverses the Sierra Azul Preserve. PG&E owns easements and right-of-ways through the preserve to access their towers and lines,which predate the District's ownership of the land. PG&E has typically used and done work on the roads without notification to the District, and has not been cooperative about either maintaining the roads in good condition, or minimizing the impact of their work when they undertake a project. While PG&E did notify the District of the re-conductoring project shortly before the work was to commence, PG&E did not anticipate working with the District to agree on the extent of the grading that would be performed, in spite of a long and elaborate planning process for their project and the fact that the land is a public open space preserve. The District did not agree that PG&E had the right to do grading that widened the road and graded other areas that were previously undisturbed. Given the short timing and inflexible position of PG&E,the best the District could do was to get PG&E to sign a Permit to Enter that gave conditions for restoration of affected areas. We are now in the process of trying to get PG&E to comply with these restoration agreements. You can be assured that we will do our best to convince PG&E to be a more responsible co- owner of interests in the property and good corporate environmental citizen. Your expression of others' may help us in this regard. coSincer 1 , L. Craig ritton General Manager cc: Forrest Sullivan, Director of Land Projects,PG&E MROSD Board of Directors Mike Lopez, Santa Clara County Planning Department 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 Directors:Pete Siemens. Mary C. Davey,led Cyr, Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz •Genera(Manager:L.Craig Britton f 1 IERRA CLUB L0N1A hKIFTA C; HA11TFK ERE GIONAL GROUP Midpeninsula Regional Open Space District 5/19/99 375 Distel Drive Suite D-1 Los Altos, CA 94022 Dear Sirs, I recently took a hike to the Sierra Azul area, following Wood's road. I was startled to note the degree of road grading and widening that was considered necessary along this route at this popular access point to this remarkably beautiful preserve. Briefly, the road was graded to such an extent that two full size pick-up trucks could pass each other - this for approximately 1 mile, were upon then , for some reason or another, it was less wide, even though no destination points or intersecting roads had joined, making me wonder what was the reason for the widening in the first place? The road grading completely wiped out any flora along the edges, often reaching the very outside of the terrace to the point where it falls downhill. At other points, the uphill side was scraped 4 to 5 feet high when making runoff channels. This road maintenance activity seems inappropriate for such a pleasant preserve as Sierra Azul is. It seriously impacted my enjoyment along with my caopanions . I am aware of access easements but I wonder why this is necessary to the degree described above with in the open space district? What control does Mid Pen have over the degree of improvement on easements? If they wanted to make a four lane road there, would Mid Pen object ? What are Mid Pen's criteria over easement improvements in the open space preserves? What are Mid Pens plans on making hiking trails so that there are alternate routes to take? Who pays for these improvements? Your reply to these concerns would be greatly appreciated. Sincerely, Joe Cernac EXCOM Membe M A:' 0 x 7 Group Office: ?Y .`` P• 1922 The Alameda,Room Z13 r. San Jose,CA 95126 ".Z r••' 408 554-0442 Recycled Paper MEMORANDUM To: Board of Directors From: John Escobar,Assistant General Manager--'- Subject: Summary of Vandalism and Incidents Associated with Trail Closures at El Corte de Madera Open Space Preserve Date: May 26, 1999 At the February 24, 1999 Board Meeting,you approved the staff recommendation to close and restore selected trail segments in"Area 2"of the El Corte de Madera Open Space Preserve. The segments approved for closure are known as Devil's Staircase,Nose-break, and Outhouse Trails. Field staff completed the closures shortly after your approval and has now completed the initial restoration of the existing trail treads to allow the forest floor to return to a more natural state. In April of 1998, the Skyline Area field staff began keeping a record of all vandalism related to the management of the El Corte de Madera trail system. This information is summarized in the table below. Total estimated costs for repair of the vandalism is $3,620. This estimate includes the cost of fencing and barrier materials,replacement signs and staff labor cost to make repairs and restore one-third mile of illegally constructed trail. 4/98- 12/98 1/99-4/99 Illegal Trail Construction 2 2 Destruction of Barriers 7 5 Unauthorized Signing 2 0 Destruction of Trail Closure Signs 10 7 Destruction of Directional Signs 5 8 Destruction of Regulation Signs 7 0- In addition to these acts of vandalism,the ranger staff has issued 16 citations for riding closed trails. The ranger staff has also reported three incidents in which bicyclists violating trail closures failed to yield when directed to by the ranger. Two of the incidents involved verbal abuse of the ranger, one of which included a verbal threat of physical violence. Ranger patrol has been increased in response to these recent trends on the preserve. Staff is attempting to make more informational and public education contacts,as well as, enforcement contacts to insure compliance with the trail closures and to reduce the rate of vandalism. Rangers are also working in pairs in the preserve whenever possible in response to the frequency of less than cooperative contacts with bicyclists. Vandalized barriers and signing will continue to repaired and replaced immediately upon discovery to insure success of the recently completed closures. Staff intends to provide the Board with informational reports about the El Corte de Madera trail plan on a quarterly basis. If the vandalism problem persists or intensifies, staff will place the matter on a future Board agenda for discussion and additional action. MEMORANDUM To: Board of Dir r$ ' From: J. Isaacs Date: 5/21/99 Subject: Scientific and Common Names of Plants on Monitoring Transects at Russian Ridge Open Space Preserve. At your April 28 meeting I promised you a supplemental list of the common names of plants mentioned in the Russian Ridge Grassland Management Annual Progress Report for 1999. The list below shows both the scientific and common names of all plants identified on monitoring transects in the various experimental treatment areas of the Russian Ridge Grassland Management Project. Scientific and Common Names of Plants on Monitoring Transects at Russian Ridge From 1997-1999 Scientific Names Common Names Native Grasses Bromus carinatus California brome Elymus glaucus Blue wild rye Elymus mutisetus Festuca pacifica Nassella pulchra Purple needle grass Native Forbs Achillea millefolia Yarrow Agoseris grandiflora Amsinckia intermedia Ranchers fireweed (fiddleneck) Calystegia subacaulis Morning-glory Castelleja exserta Purple owl's clover Clarkia purpurea Eschscholzia californica California poppy Gnaphalium californicum Everlasting Lotus strigosus `Bird's-foot treffoil Lupinus bicolor Miniature lupine Lupinus formosus Lupine Madia sativa Coast tarweed Marah fabaceus California man-root Micropus californicus Slender cottonweed Selaginella engelmannii (?) Spike-moss Sisyrinchium bellum Blue-eyed grass Trifolium amplectens Trifolium gracilentum Clover 1 r � Scientific Names Common Names Trifolium willdenovii Triphysaria pusilla Butter-and-eggs Vicia americana American vetch Vicia lutea Viola pedunculata Johnny-jump-up Wyethia glabra Mules ears Exotic Grasses Aira caryophyllea Silver European hairgrass Avena fatua Wild oats Briza minor Quaking grass Bromus diandrus Ripgut brome Bromus hordaceus Soft chess brome Bromus sterilis Poverty brome Hordeum murinum leporinum Mediterranean barley Lolium multiflorum Italian ryegrass Vulpia myuros Exotic Forbs Anagallis arvensis Brassica nigra Black mustard Carduus pycnocephalus Italian thistle Centaurea slostitalis Yellow starthistle Cerastium glomeratum Mouse-ear chickweed Cirsium vulgare Bull thistle Cripus capillaris ? Epilobium brachycarpum Fireweed Erodium botrys Filaree Erodium circutarium Geranium dissectum Hypochaeris glabra Smooth cat's-ear Hypochaeris radicata Rough cat's-ear Lactuca serriola Prickly lettuce Medicago polymorpha California burclover Rumex acetosella Sheep sorrel Rumex pulcher Fiddle dock Scandix pecten-veneris Venus' needle Sherardia arvensis Field madder Sonchus oleraceus Common sow thistle Stellaria media Common chickweed Torilis arvensis Torilis nodosa Trifolium subterranean Subterraneum clover 2 Regionalerg � � .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Managez .t DATE: May 21, 1999 SUBJECT: FYI FAX:b�0 0 Distel 04t35 I*CFema Los ��A()oj(tCAE94()ac el(404 q'°Wh!>t5iteb�(4 wy 1-1 Z00 I 6 .of)etispace.org f3oanl of lJirectors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nanette hlanko, ftelsv Crowder, Kenneth C. Nitz General Manager:I_.Craig Hrittrni INTER-OFFICE MEMORANDUM May 18, 1999 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month April Year 1999 VIOLATIONS TOTALS CITES CRIMES TOTALS CITES Bicycles Stolen vehicle recovery 1 0 Closed area 16 12 Possession methamphetamine 1 arrest Speed 0 0 False info to peace officer 1 0 Helmet 10 6 Resisting peace officer 1 0 Night-riding 4 4 Unsafe operation 0 0 ACCIDENTS/INCIDENTS Dogs Bicycle 1 Prohibited area 9 3 Equestrian 1 Off-leash 4 2 Other first-aid 1 Off-road vehicles 1 1 Closed area 0 0 ENFORCEMENT After hours 7 5 Citations 54 Vandalism 9 0 Written warnings 29 Parking 9 5 Arrests 1 Parking after hours 19 8 Police assistance 5 Dumping/littering 2 1 Campfires 0 0 MUTUAL AID Camping 7 6 Accidents 5 Weapons Law Enforcement 1 Actual contact 1 1 Landing Zone 1 Report only 2 0 Fire 2 Evidence of 0 0 Unauthorized bike event 1 0 SUMMARIES OF SIGNIFICANT INCIDENTS Apr.3: An unauthorized bicycle event occurred at El Corte de Madera OSP. Witnesses said a group of approximately 20 cyclists participated in a `treasure hunt' on the preserve. The course directions were marked on the ground with flour. D. Danielson, B. Downing. Apr. 1 l: A golf cart was found in Rancho San Antonio OSP by K. Carlson. A SCCo deputy determined the golf cart was stolen from the Forum. C. Sparks Hart and T. Lausten assisted. Apr. 18: At El Corte de Madera OSP a cyclist on a closed trail harassed a juvenile work crew who were restoring an unauthorized trail. When W. Phillips tried to escort the man out of the area he attempted to head back toward the work crew. W. Phillips made body contact with him to block his route and stated he was going to issue a citation. The subject then fled on his bicycle, resisting W. Phillps' repeated efforts to block his route. Apr. 18: At El Corte de Madera OSP a discharge of firearms was heard on, or immediately adjacent to, the preserve. San Mateo sheriff's deputies were called but the shooters had left before the deputies arrived. A Kings Grove resident reported that their neighbor regularly practices target shooting in Kings Grove property immediately adjacent to the preserve. D. Danielson, J. Menk. Apr. 19: A person with five unleashed dogs in a dog prohibited area was issued a citation at Skyline Ridge OSP. The person also allowed the dogs to swim in Horseshoe Lake. D. Danielson. Apr. 24: A discharge of firearms occurred immediately adjacent to Coal Creek OSP. San Mateo sheriff's deputies requested MROSD rangers to assist them in locating the open space boundary and in the location of the shooting. A complaint had been received that shots may have entered the preserve. The shooting had stopped before the deputies arrived. W. Phillips, L. Paterson. Apr. 25: T. Randall and M. Newburn responded to Sierra Azul on a report of twenty gun shots. A deputy was requested and all units met at the trailhead. A group was contacted on the trail and a visitor initially denied having a weapon. He later admitted he hid the gun off the trail and showed the deputy the location. A citation was issued by T. Randall and a .38 caliber pistol was seized as evidence. Apr. 30: K. Miller and K. Carlson responded to a report of four suspicious visitors dressed in camouflage clothing in Sierra Azul OSP. Four SCCo deputies were dispatched. A visitor exited the preserve and was stopped. He identified himself as a District volunteer (he is not and has never been one) and said that he heard shots in the area. A warrant check revealed he had a $25,000 felony drug warrant out of Mendocino County. During arrest the deputies discovered methamphetamines in his vehicle. He was booked into Santa Clara County main jail. Vandalism Incidents: Apr.7: Fencing along an unauthorized trail was cut and removed in six locations in the Cathedral Oaks Area of Sierra Azul OSP. Barrier brush was cut and removed also. Crew repaired the damage. Apr. 10: A padlock hasp on the Redwood Trail restroom at Purisima was ripped off. The hasp was repaired. Apr. 11: Two posts were vandalized and thrown aside at Old Portola Heights crossing to Devils Canyon at Long Ridge. Apr. 11: "Aquarian Valley" was scratched into a regulation sign at the access to Devils Canyon at Long Ridge. Apr. 25: A T-post barrier blocking an illegal trail near the tafoni at El Corte de Madera was torn out. Apr. 25: At El Corte de Madera the sandstone rocks were colored with chalk. Apr. 25: At El Corte de Madera a "Closed Not a Trail" sign was bent in 1/2 at Gordon Mill & "big Tree." The sign was bent back into position. Apr. 27: At El Corte de Madera a T-post barrier was pulled out and brush dragged off at a trail restoration site. Regional Open ace s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 17, 1999 Terry Burnes, Director Planning and Building Division County of San Mateo Mail Drop PLN122 455 County Center, 2"d Floor Redwood City, CA 94063 Re: Request for Exemption from Grading Permit for Storm Damage Repairs Purisima Creek Road,Purisima Creek Redwoods Open Space Preserve Dear Mr. Burnes: As a public open space agency, the District owns and manages 23 public open space preserves totaling over 43,000 acres located in three counties. These preserves include over 250 miles of unpaved roads and trails, which serve as public recreational trails and also as access for ranger patrol for public safety, fire protection, and resource management. In addition, the District and other agencies use some of the roads for access to water and utility systems and agricultural operations. The District has land management responsibilities equivalent to a National Forest, State Parks subregion such as the Santa Cruz Mountains District, or other large rural/wilderness land management unit. All other such agencies, from national down to city level, are exempt from local permit requirements. However, because the District is a special district formed under the State Resources Code,there is no statutory provision for exemption except on an agency- by-agency basis. The grading ordinance in Santa Clara County, for example, exempts all public agencies (see attached section). Most of our preserves in San Mateo County are outside the incorporated areas, and thus are under the jurisdiction of the San Mateo County Planning and Building Division. This includes 8 major preserves totaling over 13,000 acres. In San Mateo County the District is required to go through the permit process the same as any private party. The District is normally happy to comply and go through the County permit process in order to provide full public and technical review of our projects. In addition, we go through our own public and environmental review process. However, on some types of projects the District finds it difficult or nearly impossible to comply with County grading permit requirements, especially in emergency situations where delay risks exacerbating the situation that the project is designed to remedy. The District frequently faces numerous emergency storm damage repair projects resulting from severe winters. Currently, the District has 27 FEMA funded repair projects in various stages of completion. The most significant project we currently face is the repair of Purisima Creek Road/Trail, which consists of several separate bank failures or 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX:650-691-0485 • E-mail: mrosdrsopenspace.org • Weh vte:www.openspace.org Bwal of Oito tors:Pete Siemens,,Mary C. Davev,Jed Cyr,Deane Little, Nonette Hanko, Betsv Cr<nvder, Kenneth C.Nitz •Gener,ri:vfina,ker:L.Crais;Britton Terry Burnes Page 2 May 14, 1999 washouts which have made long segments of this important public trail and patrol access road inaccessible to vehicles, and which have severely limited access for trail users. The damage to Purisima Creek Road occurred during the"El Nino'winter of 1997/98. We estimate the cost to repair and reinforce the streambank at approximately $200,000, while FEMA has awarded the District $100,000 to complete the repairs. The FEMA report and award is attached for your information. We are amending the scope of work to substitute rock slope protection for the use of crib walls. We are in the process of preparing bid documents which we would be happy to provide for your information. Repairs were delayed during 1998 while the District completed extensive engineering and geological studies of Purisima Creek Road to ensure that we are taking the most environmentally sensitive approach. A summary of the study report and staff recommendations to the Board of Directors on the project is attached. The Board opted for Option C2,which is a compromise between restoration to road width and restoration as a non-vehicular trail. Completing the grading permit process would make it impossible to bid, contract, and complete this project this construction season, causing the damaged road to further deteriorate and allowing creekbank erosion to add to the siltation of the sensitive riparian habitat. In order to promptly restore the severed patrol and public access, and to prevent further deterioration of the facility or environmental damage through further bank failures, we request exemption for this project from the County grading permit process based on the following sections of the County grading ordinance. Section 8603.9 provides exemptions for: "Work conducted in any County street, public right-of-way or easement when the work is for a public facility, public utility or other public purposes, or is controlled by other permits." This Section could be interpreted to apply to all District projects, when District public facilities(trails and patrol roads) are an integral part of the right-of-way to or through District preserves. However, we are not requesting that this blanket interpretation be made,just that this specific Purisima Creek Road repair project be found to be exempt as a public facility in a public right-of-way and due to an emergency condition: Section 8603.10 provides exemptions for: "Emergency work as authorized by the Planning Director necessary to protect life, limb or property; or to maintain the safety, use or stability of a public way or drainage way." We believe that the Purisima Creek Road repair project clearly falls into the category of projects that this section was intended to address. While at this time we are requesting this project-specific exemption in order to allow this critical emergency repair project to proceed,we also want to work with the Planning and Building Division to find a practical Terry Burnes Page 3 May 14, 1999 solution to balance the District's land management responsibilities with the County's project review responsibilities. To this end we will soon be submitting a proposal to address the grading permit issue on other the District storm damage repair and public trail construction projects. Thank you for your consideration of our request. We look forward to hearing from you soon. Please contact Randy Anderson, the District's Planning Manager, if you have any questions or comments. Sincerely, qCrai ttbn General Manager cc: Michael Murphy, Assistant County Counsel Bill Rozar, Development Review Manager Board of Directors, Midpeninsula Regional Open Space District Sue Schectman, District Legal Counsel Attachment Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 12, 1999 Mr. Lance Anderson Law Finn of Miller, Starr& Regalia 545 Middlefield Road Suite 200 Menlo Park, CA 94025-3400 Dear Mr. Anderson: On behalf of the Midpeninsula Regional Open Space District I would like to express our sincere gratitude for your willingness to waive a portion of your fees for work you performed on the District's agreement with Arlie Land and Cattle Company. By waiving $10,000 of your fees you illustrate your firm's interest in and commitment to the philosophy of open space preservation and to working for the quality of life within our communities. Please express our gratitude to others who participated in this work, including Robin Kennedy, Gary Rosenberg, and Tara Walsh. You all are to be congratulated not only for your fine work, but also for your generous donation. Again, thank You for waiving a portion of your fees in the interest of helping to preserve open space and our natural resources for today and for the generations to come. Sincerely qed Cyr President, Board of Directors JC/mcs cc: MROSD Board of Directors 33oi)istei Circle * Los Alto,;, CA 94022-1,104 o Phone: 050-691-1200 FAX: 050-691-0485 * E-mail:niros(10,�opcnspace.org Weh site:www,()peris[)a(-e.org Board of Directors:Pete Siemens,Mary c. [).wev, led Cyr,Doom,I i1fle,Nonrile Hanks, Betsy 0owdei,Kenneth C.Nitz -General Wtw,,vr:L Craig Bliflon