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HomeMy Public PortalAbout19990908 - Agendas Packet - Board of Directors (BOD) - 99-22 Regional pen ,�, .ice x MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-22 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, September 8, 1999 330 Distel Circle Los Altos, California Please Note: 6:30 p.m. Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time AGENDA* 6:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 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 Regular Meeting, and,at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. 1 Conference with District Counsel—Pending Litigation—Government Code Section 54956.9(a) Obermayer et al. vs. Midpeninsula Regional Open Space District,No. 405231 2 Conference with Real Property Negotiator—Government Code section 54956.8 Real Property: Santa Clara County Assessor's Parcel Number 537-11-012 Agency Negotiator: Michael Williams NegotiatingParties: Robert&J.P. Puette,Owners Negotiatior: Greg O'Hara Under Negotiations: Instructions to negotiator will concern price and terms of payment 3 Conference with Real Property Negotiator—Government Code section 54956.8 Real Property: Rancho San Antonio County Park located on Cristo Rey Drive, Cupertino Agency Negotiator: L. Craig Britton Negotiating Parties: Paul Romero,County of Santa Clara Parks Director Under Negotiations: Instructions to negotiator will concern price and terms of payment for a Lease 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR—J.Cyr *** APPROVAL OF MINUTES June 28, 1999 (Consent Calendar) August 14, 1999 (Consent Calendar) LAX: 050-691 0485 . E-mail: mrosdr+o)ens)ace.or + Web site:www.opeiisl)a(-(,.org 310 Distel Circle # Los Altos, CA 94022 1404 . Phone: 05( K � ! g ww.openspace.org � Board of Pitc<for,:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nonette I-lanko, Betsy Crowder, Kenneth C. Nit/ • Gener,d Manages l.Cram;Britton Meeting 99-22 Page 2 BOARD BUSINESS 7:40 1 Approval of Commercial License Agreement with the Lodge at Skylonda, Skyline Area, for Use of District Lands For Group Hikes;Determination that the Recommended Action is Exempt from the California Environmental Quality Act;Adoption of Resolution Authorizing Acceptance of Commercial License Agreement; Authorizing Officer to Execute Certificate of Acceptance of Grant to District;Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(La Honda Creek Open Space Preserve—Lands of Cosimo, LLC)—C.Britton *** 2 Authorization to Solicit Bids for Drainage Improvements and Resurfacing of Parking Lots at Los Trancos, Russian Ridge, and Windy Hill Open Space Preserves;Determination That the Project is Categorically Exempt from the California Environmental Quality Act(CEQA);Authorization for Staff to Solicit Bids for Resurfacing and Installation of Drainage Improvements for Three Parking Lots at Los Trancos,Russian Ridge,and Windy Hill Open Space Preserves—J. Cahill 7:45 3 Approval of Application to the California Coastal Conservancy for Addition to Bear Creek Redwoods Open Space Preserve;Adoption of Resolution Approving the Application to the California Coastal Conservancy—San Francisco Bay Area Conservancy Program of the California Coastal Conservancy for the 805-Acre POST Property Addition to Bear Creek Redwoods Open Space Preserve—C.Britton 7:50 4 Proposed Addition of Eastfield Ming Quong 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;Adoption of Resolution Authorizing Purchase of the Eastfield Ming Quong Property;Tentative Adoption of Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve; Indication of Intention to Withhold Dedication of the Property as Public Open Space at this Time— D.Woods *** 5 Schedule Special Meeting of the Board of Directors for the Purpose of Nondiscrimination and Sexual Harassment Training for Management Team Members and Members of the Board of Directors—D. Dolan 8:00 6 Amendment to the Use and Management Plan for Long Ridge Open Space Preserve for a Minor Change in the Location of the Gate at the Junction of Skyline Boulevard and Portola Park Heights Road;Adoption of Use and Management Plan Amendment to Approve a Minor Change in the Location of the Electric Gate from its Previously Approved Location;Authorization of Payment of the Final Invoice of$3,926.49; Waiver of Tentative Adoption of this Project Due to its Minor Nature; and Recommendation to Proceed with Final Adoption of this Item—M.deBeauvieres *** REVISED CLAIMS 8:40 INFORMATIONAL REPORTS—Directors and Staff 9:00 ADJOURNMENT * 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 three 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 form the Consent Calendar during consideration of the Consent Calendar. Regional en ,-,tce t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-16 SPECIAL MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, June 28, 1999 MINUTES 1. ROLL CALL President Jed Cyr called the meeting to order at 7:32 p.m. Members Present: Jed Cyr,Nonette Hanko, Deane Little, Ken Nitz, Peter Siemens Members Absent: Betsy Crowder, Mary Davey Staff Present: Craig Britton, Sue Schectman, Peggy Coats, Mike Williams, Del Woods, Deirdre Dolan,John Escobar, Randy Anderson 11 ORAL COMMUNICATIONS—There were none. III ADOPTION OF AGENDA Motion: P. Siemens moved adoption of the agenda. K.Nitz seconded the motion. Motion was passed 5 to 0. IV BOARD BUSINESS A. Agenda Item I -- Approval of Exercise of Option to Purchase of Real Property of Lands of the Arlie land and Cattle Company; Conveyance of Fee Interest in Upper Portion of the Property to Peninsula Open Space Trust, and Approval of Purchase Agreement Therefore; Approval of Lease and Management Agreement Between District and Peninsula Open Space Trust RegardingUpper Portion of the Property approval of Proposed Mitigated Negative Declaration and Mitigation Monitoring Program in Accordance with California Environmental Quality Act; Adoption of Preliminary Use and Management Plan and Naming Property an Addition to Bear Creek Redwoods Open Space Preserve; Approval of Residual Timber Rights Option Agreement with Gregory Demers and Termination of Residual Timber Rights Option Agreement with Arlie Land and Cattle Company-, approval of Letter Agreement with Arlie Land and cattle Company Regarding Certain Terms and Conditions of Exercise of Option; and Authorization for the board President and General Manager to Execute All Documents Necessary or appropriate To Implement and/or Close These Transactions, Including Escrow Documents Adoption of Resolution Authorizing Exercise of Option to Purchase Real Property of Lands of Arlie Land and Cattle Company;Authorizing Acceptance and Execution of Purchase Agreement and Lease and Management Agreement Between District and Peninsula Open Space Trust Regarding Upper Portion of the Property and Necessary Related Documents;Approving Mitigated Negative 3 M Distel Circle • Los Altos, CA 94022-1404 Phone: 050 691-1200 FAX: 050-591 0485 . E-mail: niros(l@of)eiisl)a(-e.org Web site:www.openspace_org Roard w Oim<tor,:Pete siemen< klary C. Davev,led Cvr, Deane Little, Nonette I Mriko,Betsv(rowder, Kenneth C. Nitz a Genera(Man)gei:t Craig Britton i Meeting 99-16 Page 2 Declaration and Mitigation Monitoring Program and Adopting Findings Pursuant to the California Environmental Quality Act;Approving Residual Timber Rights Option Agreement With Gregory Demers and Termination of Residual Timber Rights Option Agreement With Arlie Land and Cattle Company. Approving Letter Agreement With Arlie Land and Cattle Company RegardingTerms erms and Conditions of Exercise of Option; Authorizing Officer to Execute Certificate of Acceptance of Grant to District; and Authorizing General Manager and Board President to Execute Any and All Other Documents Necessary or Appropriate to Implementation or Closing of These Transactions, Including Escrow Documents(Bear Creek Redwoods Open Space Preserve- Lands of Arlie Land and Cattle Company) D. Woods provided background from the Board Report,and presented slides illustrating the salient features of the site. C. Britton described the terms and conditions. D. Little asked if the $250,000 we paid for an extension was refundable. C. Britton replied that it was not, but it could have been used to offset costs on a pro-rate basis for each day before the end of the extension period on June 30, 1999. Ralph Ramona, Saratoga, retired civil engineer, opined that there was a desperate need for recreational facilities in the area, although he would have preferred to see the site made into a golf course, stating that$200,000 to $300,000 in tax revenues would be lost as a result. He commented that he felt the District should not become involved between parties. Pete De Nevi, Los Gatos,handed out a letter to the Board protesting the purchase. He,too, would have preferred the site be converted to a golf course, and did not believe the Board was fully informed, nor did the Negative Declaration take all problems into account. He stated that the sewer line on the property has been leaking for 20 years, and dumping into the Reservoir, and that there will be traffic hazards with the proposed use. Candi Wozniak stated that she lives on the adjacent upper parcel to the property. She asked about the status of logging on the site. She opined that mountain biking should be allowed, as it has less environmental impact than equestrian uses. Vicki Moore, Greenbelt Alliance, indicated her support for the purchase and proposed Negative Declaration. Teresa Nemeth, Sierra Club(Loma Prieta Chapter) indicated her support. Terry Trumbull,Chair, Santa Clara County Planning Commission, urged the Board to adopt the proposed General Manager's Recommendations. At 8:21 p.m., the public comment period ended, and a break was taken. The meeting was resumed at 8:52 p.m. C. Britton responded to the following public comments or questions: • Recreational use of land: recreational use will be low intensity, as with other District sites. • Value of property: the appraisal is in excess of the purchase price. Status of logging: Big Creek Lumber, a"green certified"company, has the logging rights. Although State law allows 60% stem cutting,Big Creek will cut about 40%. Logging will continue, but the District will be closely involved in monitoring the process. • Uses of property: the property will be closed to the public, but certain permits will be issued to Meeting 99-16 Page 3 equestrians and hikers to help patrol the site. It will not be open to motorcycles,off-road vehicles, and mountain bikes. Public uses will come under consideration for the District's Comprehensive Use and Management Plan, but probably not until next fiscal year at the earliest, and will take several years to complete. D. Woods responded to the following comments or questions asked by P. DeNevi orally and in his distributed letter to the Board: • Property boundaries: described in our property agreement. • Slide area impact: addressed in the Negative Declaration;this project will not disturb the slide, so it doe not have to be analyzed. • Septic System: District's understanding is that the system is in place, and working. 1995 and 1997 EIRs address the stability of the system, indicating it has been functioning normally. District's documents state that if Alma College buildings were opened to the public,the system used would be thoroughly analyzed and improved. Improvements for wastewater treatment do not involve significant environmental impact. • Electrical substation: this unit contains asbestos and asphalt, and its disposition will be according to local ordinances. • Permits: letter to Hugh Graham from C. Britton included in the agenda packet addresses this issue. • Santa Clara County Historic Structures Inventory: renovation will comply with Secretary of the Interiors standards to preserve historical resources. • Water tank: San Jose Water operates the 5,000-gallon water tank. S. Schectman addressed the following P. DeNevi concerns: • Noticing: the District sent out a notice on June 2 for the Negative Declaration. • Litigation: District has not been involved in prior litigation in regards to this property • Access to Board: Board received correspondence,which is on record. CEQA: All legally required CEQA time lines were followed. Motion: D. Little moved that the Board accept the General Manager's recommendations as outlined in the Board Report: l. Approve proposed mitigated Negative Declaration and Mitigation Monitoring Program in accordance with California Environmental Quality Act("CEQ")and adopt the CEQA findings as set out in the Board report 2. Adopt the attached Resolution approving, among other things, Exercise of the District's Option to Purchase the Upper Property and Lower Property owned by Arlie Land and Cattle Company;the conveyance of ownership of the Upper Property to Peninsula Open Space Trust; and approving the Purchase Agreement and Lease Management Agreement between the District and Peninsula Open Space Trust 3. Adopt the Preliminary Use and Management Plan recommendations contained in the Board report, including naming the property the Bear Creek Redwoods Open Space Preserve. 4. Approve the Residual Timber Rights Option Agreement with Gregory Demers and tennination of the Residual Timber Rights Option Agreement with Arlie Land and Cattle Company Meeting 99-16 Page 4 5. Approve the Letter Agreement between the District and Arlie Land and Cattle Company regarding conditions of exercise of the Options. 6. Authorize the Board President and general Manager to execute all documents necessary or appropriate to implement these transactions, including escrow documents. 7. Indicate the Board's intention to dedicate the Lower Property as public open space. Second: P. Siemens seconded the motion. Discussion: N. Hanko thanked C. Britton and A.Rust for their commitment to purchasing this land. K.Nitz thanked C. Britton, S. Schectman, and staff who put this together, further stating that he had previously had misgivings about the project, but is now very happy with it. D.Little stated that he is proud to be a part of the team putting this together, adding that this is an exiting opportunity. P. Siemens stated that he was very excited,particularly because the property is in his ward. He thanked staff, especially C. Britton,and A. Rust. J.Cyr stated that he felt this deal was extremely well done, and thanked staff,further adding that it took a public-private partnership to achieve this. Vote: The motion passed 5 to 0. V INFORMATIONAL REPORTS P. Siemens reported on a tour he took with POST on Saturday. N. Hanko, K.Nitz, and D. Little all had nothing to report, but stated that they were happy with the conclusion of the acquisition. J. Cyr noted that he had attended the Volunteer Recognition Event, and thanked staff and volunteers for their great effort on behalf of the District. C. Britton distributed a brochure from Big Creek Lumber, and directory from the Golf Course Builder's Association of America. VI CLAIMS K.Nitz moved to accept the claims. D. Little seconded the motion. Motion passed 5 to 0. IX ADJOURNMENT-- The meeting was adjourned at 9:23 p.m. Peggy Coats District Clerk Regional Open L0. -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-21 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Saturday,August 14, 1999 MINUTES 1. ROLL CALL President Jed Cyr called the meeting to order at 10:00 a.m. Members Present: Mary Davey, Ken Nitz,Nonette Hanko, Betsy Crowder,Deane Little, Jed Cyr Members Absent: Pete Siemens Staff Present: John Escobar, Malcolm Smith, Patrick Congdon, Matt Freeman 11 ORAL COMMUNICATIONS—There were none. III ADOPTION OF AGENDA Motion K.Nitz moved that the Board adopt the agenda. D. Little seconded the motion. Motion was approved 6 to 0. IV BOARD BUSINESS A. Agenda Item I -- Tour of Coastal Lands for Coastal Advisory Committee(CAC) The tour departed from the street area adjacent to the Half Moon Bay Fire Station, Highway I at Higgins-Purisma Road in Half Moon Bay at 10:07 a.m. V. ADJOURNMENT—The tour concluded at the departure point, and the meeting was adjourned at 1:50 p.m. Deane Little Board Secretary HO Distel Ciro e - Los Altos, CA 94022-1404 - Phone: 050-091-1200 FAX: 050-691-0487) # F-mail: nirosd0l)openspace.org - We site:www.ol)erisl)a(,(,.org flo,ird ol hirer fora:Poe Siemens Mary C. Davey,led Cyr, Little, Nonette Hmiko,Betsy('ro%%der,Kenneth C. Nit/ - Gwner,d Ntimqwr:I_Craig Wilton Regional Open ace J R-99-121 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-22 September 8, 1999 AGENDA ITEM 1 AGENDA ITEM Approval of Commercial License Agreement with the Lod a at Skylonda, Skyline Area, for Use of District Lands For Group Hikes GENERAL MANAGER'S RECOMMENDATIO 1. Determine that the recommended action is exempt from the California Environmental Quality Act. 2. Adopt the attached resolution approving the Commercial License Agreement with COSIMO, LLC, owner of the Lodge at Skylonda. DISCUSSION Background The Skylonda Retreat opened in 1993 and provided a get-away for personal renewal and fitness in Skylonda near the intersection of State Highways 35 and 84 (see attached map). Currently there are 16 "rooms" and the primary out-door fitness program focuses on group hikes at District sites. Over the years, the District has experienced some coordination difficulties with the Retreat due to a lack of advance information on hike locations (for land management and safety purposes), lack of recognition of the District's land and facilities in their brochures and printed information, and a commercial use of District land that is beyond the scope of typically permitted "public use." Discussion Approximately two years ago these facilities were acquired by COSIMO, LLC, and the name changed to the Lodge at Skylonda. Subsequently, the new owners petitioned the County of San Mateo to add an additional 16"rooms," which are actually small, double occupancy, sleeping units, or"tree houses." District staff met with the new owners and worked out the attached agreement to address the District's concerns. The agreement includes the following major provisions: 3. As long as the number of units remain at 16, the owners would pay a $2,500 annual Commercial License fee. Once the proposed additional 16 units were built, the fee would increase to $5,000 yearly. 4. The Lodge would credit the District for the open space lands and facilities that are pictured or referenced in their printed materials. 5. The operators at this site would advise the Skyline field office in advance of any proposed hikes on District land. 6. A trail easement in the lower reaches of the property would be deeded to the District after a field inspection and agreement concerning location. 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 R-99-121 Page 2 7. The Lodge would provide space for a District display and printed material at District staff's option. The initial term of the attached Commercial License Agreement would be for five years, and as long as the terms of the agreement were properly adhered to, there would be a possibility of four five(5)year options to renew, for a potential total of 25 years over the life of the agreement. At each five year renewal point, the license fee would be increased on the basis of the Consumer Price Index, but in no event less than 5%, or more than 10%. In accordance with the anticipated approval of this agreement, the owners have already paid the $2,500 permit fee for the year beginning July 1, 1999. CEOA DETERMINATION The project is the approval of a license for pedestrian group hikes on District land. The activities consists of permitting commercial use of existing public facilities involving negligible expansion of use, and, thus, the project is exempt under CEQA Guideline § 15301. Prepared by: L. Craig Britton, General Manager Contact Person: Same as above LA HONDA f REEK OPEN SPAWE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT THE LODGE AT 1800 N SKYLONDA PROPERTY 35 2000 t `` f. Skyline Boulevard I1 POTENTIAL l I PUBLIC TRAIL 11, (a da Creek 1} --.Hon 1800' v/• 2000 NORTHWESTERLY PORTION OF LA HONDA CREEK 2200 OPEN SPACE PRESERVE O ' (LH02) Preserve Entry " 0 0.2 .5 ss ` 1800 . O`er ■ 0000010 ■ 2000 ` LOCATION v • 0•3 OF LODGE • b • rO 0 EXHIBIT A 0.0 0.1 0.2 0.3 0.4 0.5 Mile RESOLUTION 99-34 RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF COMMERCIAL LICENSE 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(LA HONDA CREEK OPEN SPACE PRESERVE-LANDS OF COSIMO, LLC.) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Commercial License Agreement between COSIMO, LLC, and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall 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. COMMERCIAL LICENSE AGREEMENT This Commercial License Agreement ("License Agreement") is made and entered into by and between COSIMO, LLC, a California Limited Liability Corporation, hereinafter called "Licensee" 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, Licensee is the owner of certain real property, commonly known as the Lodge at Skylonda, located within an unincorporated area of the County of San Mateo County (Assessor's Parcel Number 072-33 1-0 10), and being more particularly described in Exhibit A, as attached hereto and incorporated herein by this reference (hereinafter "the Lodge"); and WHEREAS, District owns and manages over 44,000 acres of public open space land contained in 23 open space preserves (hereinafter "District Iand"), including La Honda Creek Open Space Preserve, a portion of which is located adjacent to Licensee's property and is more particularly described in Exhibit B, as attached hereto and incorporated herein by this reference; and WHEREAS, Licensee desires to utilize certain District Land, including the adjacent La Honda Creek Open Space Preserve, for commercial purposes (i.e. supervised pedestrian hikes and walks for paying customers of the Lodge); and WHEREAS, District determines that the issuance of this License is necessary and convenient to carry out its statutory purposes in that, among other things, the Regulations for Use of District Lands, Ordinance 93-1, require regulation and permitting of certain group activities in order to insure such uses are consistent with District policies and ordinances, to insure such uses will not interfere with the normal use, operation or management of District Land and to insure that the District is compensated for costs incurred as a direct result of regulating such uses; and WHEREAS, District is willing, solely under the terms and conditions of this Agreement, to grant a license to Licensee to enter upon District Land for said purposes, as further defined herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Use of Pronertv. In consideration of the promises, covenants and conditions agreed to by and between the parties hereto, and as further consideration therefore, i 4b District grants to Licensee a nonexclusive license (hereinafter referred to as "this License") to perform the following acts on District Land upon this License becoming effective: Licensee may use District Land (which District has determined in its sole discretion to be open to the public at large) for pedestrian walks and hikes that are directly supervised by Lodge employees for the benefit of paying customers of the Lodge. Licensee may not use District Land for any other commercial purpose or business without District's prior written consent, which consent may be withheld for any reason. During the term of this License, upon conclusion of any commercial activity permitted by this License, Licensee shall leave District Land at all times in the same condition as found or better. 2. District Use of Licensee PLQOM. District may, but is not obligated to, locate and construct a public trail on the lands of Licensee described in Exhibit A hereto. The general location of the trail is shown on Exhibit C which is attached hereto and incorporated herein by this reference. Within one hundred eighty (180) days of the effective date of this License, the parties will agree on the permanent width and location of the public trail. Upon agreement as to location and width of such public trail, Licensee shall grant to District a permanent easement over Licensee's real property described in Exhibit A, upon the location and width and purposes agreed upon by the parties, for non-motorized public trail and District patrol uses. 3. License Not Assignable Without Prior Written Consent of District This License,shall not be assignable without prior written consent of District which consent shall not be unreasonably withheld. Any attempt to assign this License without the written consent of District shall automatically terminate this License. No legal title or leasehold interest in District Land is created or vested in Licensee by the grant of this License. 4. Term and Termination of Licensee. The term of this License shall be five (5) years from the Date of Commencement. Provided that the Licensee has fully complied with the terms of this License, and is not in default in the performance of any of its obligations hereunder, the Licensee shall have four (4) successive options to renew this License for successive five (5) year terms at the end of each five (5) year term; provided, however that the Annual License Fee shall be increased at the commencement of each such five (5) year renewal term as provided in Section 5 herein. Said option to renew shall be exercisable by Licensee delivering a written notice to the District at least ninety (90) days prior to the expiration of the term then in effect. The term of this License shall commence on July 1, 1999 ("Date of Commencement"). District may revoke this License prior to expiration of the term hereof in the event Licensee breaches a condition or term of this License and fails to cure such breach pursuant to this section. In the event Licensee breaches any condition or term of this License, District shall provide written notice of such breach to Licensee. Such breach shall be cured within thirty (30) days of the date of such notice. Absent such cure, this License may be terminated by District. If such breach is of a type which cannot be cured within thirty (30) days, Page 2 k Licensee shall so indicate in writing to District within said thirty (30) days and shall include its written plan and schedule for completing such a cure on an immediate basis. Licensee shall commence such cure within thirty (30) days and diligently pursue such written plan cure to completion, but in no event exceeding one hundred eighty (180) days. Absent such cure, this License may be terminated by District. This License may also be terminated by District or by Licensee in the event The Lodge is no longer owned and operated by Licensee; provided, however the District may not terminate this License solely due to The Lodge no longer being owned and operated by Licensee if it has consented to an assignment under Section 3. This License may also be terminated by District in the event The Lodge exceeds 32 visitor "units" in capacity. 5. Annual License Fee. Licensee shall pay to District, on or before July 1' of each year during the term of this License, the amount of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) per License Term Year ("Annual License Fee"), subject to the Annual License Fee increase provisions contained in this Section. As used in this Section, the term "License Term Year" shall mean a period of one year which begins on July 1 and ends on June 30. The parties acknowledge that Licensee has applied to San Mateo County for approval of sixteen (16) additional visitor "units." At such time as any additional visitor "units" are approved by the County of San Mateo and said "units" are constructed and lawfully occupiable, the Annual License Fee shall be increased to Five Thousand and No/100 Dollars ($5,000.00) per year. The increased Annual License Fee shall be due and payable on July 1' of the License Term Year in which such unit or units have been constructed and are lawfully occupiable (i.e. if such units are constructed and lawfully occupiable after the beginning of a License Term Year, the increased Annual License Fee will be due retroactively on July 1"of that License Term Year). All of such retroactive increases in the Annual License Fee shall be immediately payable to District. In the event that the Licensee exercises a renewal option under Section 4, then for each five (5) year renewal of term of the Term of this License, the Annual License Fee shall be further increased effective as of the beginning of each such term as follows: The Annual License Fee shall be increased to add that amount which is 5% of the Annual License Fee which is due and payable at that time, compounded annually, calculated from the Date of Commencement; or by that amount by which the Consumer Price Index for all Urban Consumers, U.S. Department of Labor, San Francisco-Oakland-San Jose Metropolitan Statistical Area, has increased, compounded annually from the Date of Commencement, whichever is greater; provided, however, that in no event shall the increase in the Annual License Fee be greater than 10% of the Annual License Fee previously in effect. Page 3 6. Effective Date. This License shall become effective solely upon its approval by the Board of Directors of the Midpeninsula Regional Open Space District. 7. Conditions of Use. For and during the term of this License, and any extension or renewal thereof, Licensee's permitted use of District Land, as set forth in Section 1 above, shall be subject to the following conditions, covenants and restrictions: (a) Except as otherwise provided in this License, District Land shall be used for the purposes specified in Section 1 above, and for no other uses or purposes whatsoever, without the prior written consent of District. (b) Licensee shall not cause, permit or suffer any"hazardous or toxic material," as defined by any Federal, State or local law, statute, ordinance, regulation or order, to be brought upon or used upon District Land. (c) Licensee shall not maintain, commit or permit the maintenance or commission of any waste or any nuisance (as defined in California Civil Code section 3479) on District Land, and Licensee shall not use or permit the-use of District Land for any unlawful purpose. Licensee further shall not commit any other act or thing on District Land which may unreasonably disturb the quiet enjoyment or natural resources of District Land, any adjacent property owner's land, or the use of District Land by the general public. (d) Licensee shall at all times use District Land in compliance with all applicable laws and conditions of approval of any government permits applicable to the Lodge and will reasonably and promptly comply with all applicable rules, ordinances, order and requirements of any government agency having jurisdiction over District Land, including all District Ordinances listed in Exhibit D ("Regulations for Use of Miidpeninsula Regional Open Space District Lands") as attached hereto and incorporated herein by this reference. This License shall constitute the Permit required by Sections 408 and 408.1 of said Regulations. 8. Notice of Use. Licensee shall use all reasonable efforts to notify District periodically (daily, weekly, or monthly, as appropriate) (e.g. weekly) of its planned, scheduled use of District Land. Such notice shall be in advance of any use, be made in a timely manner, and shall specify District Land (preserves) and trails to be utilized and the approximate number of participants. District shall be notified at its Skyline Field Office at (650) 949-1848, attention Area Superintendent. 9. Recognition of District. In all of Licensee's printed commercial brochures, publications, and advertisements, Licensee shall use its best efforts to acknowledge its use of District Land and trails and to acknowledge District in any photographs of District Land it publishes in connection with its use of District Land pursuant to this License; provided, however, that Licensee shall be entitled to consume its existing stock of collateral materials and the Page 4 foregoing shall only apply to brochures, publications and advertisements printed after the date hereof. 10. Opportunity for Dissemination of District Information. If deemed appropriate by District, Licensee will make space reasonably available in the Lodge for District to provide public information and display materials concerning District Land and programs for use and review by customers of Licensee. 11. As Is Condition. Licensee accepts District Land in its "AS IS WITH ALL FAULTS" condition. District makes no warranty or representation as to the physical condition of District Land, nor its safety or suitability for any use by Licensee or its guests, invitees, employees, visitors, agents or contractors, and District undertakes no duty to Licensee whatsoever in that regard. District undertakes no obligation to Licensee to maintain, repair or improve any District Land, nor to perform any work thereon to correct or improve any condition of District Land. Licensee and its guests, invitees, employees, visitors, agents and contractors enter and use District Land solely at their own risk. 12. Termination of Occupancy. After receipt of a notice of termination from District at the end of the Term hereof, or earlier pursuant to Section 4 of this License, Licensee, on or before the effective date of termination specified in that notice, shall remove any and all of Licensee's personal property from District Land and shall surrender possession and use of District Land to District. 13. RELEASE WAIVER AND INDEMNITY. Licensee, as a material part of the consideration to be rendered to District under this License, waives all claims against District for damage to real or personal property, or injury or death to persons in, on, or about District Land or Licensee's land from any cause arising out of or in any way connected with this License or any acts or omissions of Licensee in connection with its ownership, operation or control of the Lodge. Further, Licensee shall indemnify, defend and hold District harmless for and on account of any claims, demands, causes of action, costs, expenses, attorneys'fees, losses or liability for injury or death to any person or damage to real or personal property of any person, arising from Licensee's use of District Land. District shall not be liable to Licensee for any damage by or from any act or negligence of any other occupant of District Land or any occupant of adjoining or contiguous property, or uses of District Land by the public at large. Licensee agrees to pay for any damage to District Land, as well as any damage to occupants or users of District Land and to the property of those occupants or users caused by Licensee. 14. Prior Consent for Improvements. Licensee shall not make any alteration of or improvement to District Land without District's prior written consent, which consent may be withheld by District for any reason. 15. Insurance. Licensee agrees to maintain in full force and effect during the term of this License, at its own expense, a policy of comprehensive general liability insurance, Page 5 including property damage insurance, which will insure Licensee and District against liability for injury to persons, damage to property, and death of any person occurring in or about District Land. District shall be named as an insured on such policy. The policy shall be approved as to form and insurance coverage by District. The insurance shall be not less than $1,000,000 per occurrence, combined single limit. Licensee shall provide District with a copy of the policy, including an endorsement that states that the policy will not be canceled except after 10 days' notice in writing to District. 16. Possessory Interest Taxation. A possessory interest subject to property taxation may be created by this License. It is understood and agreed that if such a possessory interest is created, Licensee shall be responsible for the payment of all property taxes levied upon such interest, and that District shall have no responsibility therefor. This section is in compliance with Section 107.6 of the Revenue and Taxation Code, State of California. 17. Attorney 'sy Fees. If any legal action or proceeding arising out of or relating to this License is brought by either party to this License, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys'fees, costs, and expense incurred in the action or proceeding by the prevailing party. 18. Entire Agreement. This License constitutes the entire agreement between District and Licensee relating to the subject of this License. Any prior agreements, promises, negotiations, or representations not expressly set forth in this License relating to the subject of this License are of no force and effect. Any amendment to this Licensee shall be of no force and effect unless it is in writing and signed by District and Licensee. 19. Recordation. This License or a memorandum of this License may be recorded by District or Licensee. Page 6 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: LICENSEE: MIDPENINSULA REGIONAL OPEN COSIMO, LLC SPACE DISTRICT By: APPROVED AS TO FORM: Date: Z� By: S :-Schectman, General Counsel FIDELITY PARTNERS REC PROVAL: By: CV. By: Date: � ' y L. Craig Britton, General Manage . APPROVED AND ACCEPTED: By: President,Board of Directors ATTEST: By: District Clerk Date: Page 7 The following described real property is located in an unincor- porated area of the County of San Mateo, California: The Southwest 1/4 of the Southeast 1/4 of Section 22, Township 6 South, Range 4 West, Mount Diablo Base and Meridian. EXCEPTING THEREFROM the following: (a) Those two parcels of land described in the Deed from Warren Behan, also known as Charles Warren Behan to the State of California, dated July 20, 1956 and recorded August 24, 1956 in Book 3083 of Official Records at page 393 (File No. 82266-N), Records of San Mateo County, California. (b) That certain parcel of land described in the Deets from Warren Behan, also known as Charles Warren Behan to William J. Adams, et al, dated January 28, 1959 and recorded January 30, 1959 in Book 3538 of Official Records at page 630 (File No. 15902-R), Records of San Mateo County, California. (c) So much of that certain parcel of land described in the Deed from C. T. Behan to the State of California, recorded July 3, 1925 in Book 176 of Official Records at page 325 (File No. 41056-A), Records of San Mateo County, California, which lies within said Southwest 1/4 of the Southeast 1/4 of Section 22, Township 6 South, Range 4 West. (d) So much of those two parcels of land described in the Deed from David A. Salzberg, a married man, as his separate property to Pierre M. Hahn and Deborah Hahn, his wife, as their community property, recorded August 1, 1963 in Book 4515 of Official Records at page 448 (File No. 22462-W), Records of San Mateo County, California, which lie within said Southwest 1/4 of the Southeast 1/4 of Section 22, Township 6 South, Range 4 West. EXHIBIT ' Pop-j--a�---~ The following described real property is located in an unincor- porated area of the County of San Mateo, California: PARCEL I : Portion of Section 22 , Township 6 South , Range 4 West , Mount Diablo Base and Meridian , more particularly described as follows : BEGINNING at a point on the Southwesterly line of the State Highway between Kings Mountain Road and La Honda Road , Road iv- SM-55-C , known as Skyline Boulevard , as established in the Deed from C . T . Behan , to State of California , recorded July 3 , 1925 in Book 176 of Official Records of San Mateo County at Page 325 ( 41056-A ) at the intersection of said Southwesterly line with the Southeasterly line of the lands described in Parcel 2 of the Deed from Warren Behan , to State of California , dated July 20 , 1956 and recorded August 24 , 1956 in Book 3053 of Official Records of San Mateo County at Page 393 (82266-N) ; thence from said point of beginning along the said Southwesterly line of Skyline Boulevard South 540 02 ' East 302 .26 feet and Southeasterly on the arc of a curve to the right , tangent to the preceding course , said curve having a radius of 175 feet a distance of 52 .74 feet to the true point of beginning of the feet , to be described herein ; thence from said true point of beginning Southwesterly , in a direct line to a point , said last mentioned point being distant 70 feet Northerly from the Southerly boundary of said Section 22 , measured along a line drawn between the Southerly corner of the lands described in Parcel 2 of the Deed to the State of California , above mentioned (File No . 82266-N) and a point on the said Southerly boundary of Section 22 , which last said point is distant along said Southerly boundary South 890 561 West 665 feet from the said Southwesterly line of Skyline Boulevard ; thence Northwesterly in a direct line to a point on the westerly boundary of the Southwest 1/4 of the Southeast 1/4 of said Section 22 , distant thereon North 150 feet from the 1/4 corner common to Sections 22 and 27 , Township 6 South , Range 4 West , Mount Diablo Base and Meridian ; thence Southerly along the said Westerly boundary of the Southwest 1 /4 of the Southeast 1/4 of Section 22 , a distance of 150 feet to the said 1/4 corner common to said sections 22 and 27 ; thence North 890 561 East along the said Southerly boundary of Section 22 , a distance of 1454 .61 feet to the said Southwesterly line of Skyline Boulevard ; thence along the last mentioned line Northeasterly on the 310 171 14" West , said curve having a radius of 285 feet and a central angle of 23* 10 ' 14" , a distance of 140 . 13 feet , North 30 071 West , tangent to the preceding curve 112 . 04 feet and Northwesterly on the arc of a curve to the left tangent to the proceeding course , said curve having a radius of 175 feet , a distance of 102 .78 feet to the true point of beginning . rr EXHIBIT Page—Lof-3. Being a portion of that certain 26 -094 arc tract of land shown on that certain record of survey entitled "Record of Survey being a portion of Sections 22 and 23 , Township 6 South , Range 4 West , Mount Diablo Base and Meridian , San Mateo County, California " filed June 12 , 1962 in Book 5 of Licensed Land Surveyors Maps at pages 20 , 21 and 22 . PARCEL II : Portion of Section 22 , Township 6 South , Range 4 West , Mount Diablo Base and Meridian , more particularly described as follows : BEGINNING at a point on the Southwesterly line of the State Highway between Kings Mountain Road and- La Honda Road , Road IV- SM-55-C , known as Skyline Boulevard , as established in the Deed from C. T. Behan , to State of California , recorded July 3 , 1925 in Book 176 Of Official Records of San Mateo County at page 325 (41056-A) , at the intersection of said Southwesterly line with the Southeasterly line of the lands described in Parcel 2 of the Deed from Warren Behan , to State of California , dated July 20 , 1956 and recorded August 24 , 1956 in Book 3083 of Official Records of San Mateo County at page 393 (82266-N) ; thence from said point of beginning along the said Southwesterly line of Skyline Boulevard , South 540 021 East 302 .26 feet and Southeasterly on the arc of a curve to the right , tangent to the preceding course , said curve having a radius of 175 feet , a distance of 52 . 74 feet ; thence Southwesterly in a direct line to a point , said last mentioned point being distant 70 feet Northerly from the southerly boundary of said Section 22 , measured along a line drawn between the southerly corner of the lands described in Parcel 2 of the Deed to the state of California , above mentioned (File 82266-N) and a point on the said Southerly boundary of Section 22 , which last said point is distant along said Southerly boundary South 89* 561 West 665 feet from the said Southwesterly line of Skyline Boulevard;. thence Northwesterly , in a direct line to a point on the Westerly boundary of the Southwest 1/4 of the Southeast 1/4 of said Section 22 , distant thereon Northerly . 150 feet from the 1/4 corner common to Sections 22 and 27 , Township 6 South , Range 4 West , mount Diablo Base and Meridian ; thence Northerly along the said westerly boundary of the Southwest 1/4 of the Southeast 1/4 Of Section 22 , a distance of 102 . 14 feet to a point , said last mentioned point being marked by a 2 inch by 2 inch stake; thence Easterly in a direct line to a point on the Southwesterly boundary of the lands described in Parcel 2 of the above mentioned Deed to the state of California (File 82266-N) , said EXHIBIT 31. page-X—of-34- last mentioned point being at the Northwesterly terminus of that portion of said Southwesterly boundary having a bearing of South 520 54 ' East (South 530 121 East in said Deed) and a distance of 204 . 66 feet ; thence along the Southwesterly and Southeasterly boundaries of said last mentioned lands South 52* 54 ' East (South 530 121 East in said Deed) , 204 . 66 feet and North 350 5 ' 52 " East 515 .56 feet (North 360 481 East 515 .97 feet in said Deed) to the point of beginning . Being a portion of that certain 26 - 094 acre tract of land shown on that certain record of Survey entitled "Record of Survey being a portion of sections 22 and 23 , Township 6 South , Range 4 West , Mount Diablo Base and Meridian , San Mateo County , California" , filed June 12 , 1962 in Book 5 of Licensed Land Surveyors Maps at Pages 20 , 21 and 22 . PARCEL III : An easement for road purposes along an existing road as granted by Deed from David A . salzberg to Pierre M. Hahn and Deborah Hahn , his wife , recorded February 2 , 1973 in Book 6317 at Page 660 (File No . 336-AG) , Official Records . Page -VOL-200- 0 __j LA HON DA6CREEK OPEN SP,WE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Map Legend THE LODGE AT Gate(x) SKYLONDA PROPERTY 1•0 Trail Distance 35 in Miles Trail Bridge Vehicle • Driveway • • • Roadside Parking kyline Boulevard POTENTIAL , - Restrooms PUBLIC TRAIL `�Honda� reek Caretaker • • • x* : O 1 800 Point of Interest 2000 0 ' Other Public Lands 2200 NORTHWESTERLY PORTION No Public Entry OF LA H O N DA CREEK Pr ate a leased lands OPEN SPACE PRESERVE \ J • No Public Entry V • Closed Area Trail Use (LH02) Hiking,Equestrian (LH01) Preserve Entry r � 0 0.2 .5 ♦ r�11300 , 2000 ~ • 0.3 ■ �.�0 r O 0.2. EXHIBIT C 0.0 0.1 0.2 0.3 0.4 0.5 PAGE 1 OF 1 One-Half Mile Regional Open , . we 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-119 Meeting 99-22 September 8, 1999 AGENDA ITEM 2 AGENDA ITEM Authorization to Solicit Bids for Drainage Improvemen and surfacing of Parking Lots at Los Trancos, Russian Ridge, and Windy Hill Open Space Preserves GENERAL MANAGER'S RECOMMENDA 1. Determine that the project is categorically exempt from the California Environmental Quality Act(CEQA), based on the findings in this report. 2. Authorize staff to solicit bids for resurfacing and installation of drainage improvements for three parking lots at Los Trancos, Russian Ridge, and Windy Hill Open Space Preserves. DISCUSSION The Planning Program's fiscal year 1999-2000 work program and budget include funds to redesign three parking areas to repair existing drainage problems. Staff has evaluated all District parking areas and prioritized three areas with the greatest need for repairs: Los Trancos,Russian Ridge, and Upper Windy Hill. Poor surface drainage at each of these parking areas has resulted in recurrent problems in the winter season. Storm water tends to collect in large amounts on the parking lot surface, which creates slickness and an increased potential for erosion in the form of potholes. In particular,the Russian Ridge parking lot is closed for several days each year due to this poor drainage condition. The work will include the installation of additional culverts where needed, improving the existing access grates, and adjusting the grades to provide more positive drainage. Filter fabric and certified road base material will improve the surface condition. CEQA Compliance The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(the California Environmental Quality Act)under Section 15061(b)(3)and Section 15301 of the CEQA guidelines. Section 15061(b)(3)provides that a project is exempt from CEQA when it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Section 15301 exempts the maintenance or minor alterations of topographical features involving no expansion of use. Prepared by: Ana Ruiz,Planning Technician Contact Person: John Cahill,Planner II 3:30 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 LOS TRANCOS AND RUSSIAN RIDGE OPEN SPACE PRESERVES _ Aunty Pa&-_' \ Foothills Park ►-• - \ City of Palo Alto t Open to Residents of Palo Alto Only) N � • 2200 v 1400 t400 b 0.2CD 1__ Mt.Melville1600 �l C2200 �� 0.8 COAL CREEK (cc04) a L w OPEN SPACE PRESERVE i 0.8 - � �'�,� (ccos) View • 1.z i ti LOS TRANCOS' '\ ~ '" 2��0 o0.5� a 0.7 ` d'� OPEN SPACE . Citv�o 1 PRESERVE �(\L\TOI) \11 P Trail`� L,,t, 0.4 0.3 O• j 0 6 �'� •` 1800 . 02 PROJECT LOCATIONS `- ®� ® 1800 0 2000 5� 0.2 0,3y (ccoz) % �/ .-r `••. /0.2.- Z200 q~F \�\ \ $ l 1 0.7 - QI 7600 0.6 = y ` \ ?. �0(i���.•��....� ••. 02 0.4 j 0.1 �.i i O•,. (RR05) 0.5 n r � aa �`'/ -®o l• z•twrJ• oa 0.4 24Ut ��-staftint o 0 12000 0.2 (RROI) 4\_ 0.4�\a.} 0.3 ®��• (M 803) .►'i_J 0.5 (�� D� 0.2 0.7 Tr (cco3) Mead c v �` ••p;3•••••o 9�dPr SQ�SV av 1 °w 0.8 (�- o Qa ems° ��•''-..•+ cad' 2200 �. 2200 0. ©._/1 hrtP y0 0.3 2 0.2 0.5 \ 0.2 Only) OdF�• S y, r Borel A 4 _/ O ' 0.5 Hill �(MB05) 2572 '�\/i�BOtt o.3 " '. O O PEN SPAT i -2200 arQl (ccoU ; %"RUSSIAN RIDGE 03 0.2 l o Z PRESERVE OPEN-SPACE 2400 0.5 1 2 -•, ore `_-�� PRESERVE StaTrai! f 1600 �0 0.5 0.3 Al 'ne Ro 18ou -o lent I dd 0. 6 �pC Oa� 0.3 O 0.3 0.3' ► 0.4 2000 sr~di/ /SR � o• l800 0 � 1.3 0.2 01 0.2�. ��=• (RR02) ���: �i(SR05) MB06) `( 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 znoo 0.1 0 o • o One Mile In ��-0'z 2200 Pond • � �� � �:(SR04) G 0 + O EXHIBIT A WINDY LL OPEN SPACE P ESERVE MIDPENI ULA REGIONAL OPEN SPACE MSTRICT , A PORTOLA VALLEY y� ON y_ PROJECT LOCATION Iwr,osJ Cr I� 000 Sausdl G l- Pend p� 0.6 1000 J r �� --_ ,..---•.. \ �•.• `\ `� � boa � �.... '• r .ice 1200 SPri gidge Trail 0+31.6 p` 1400 ` X 0.2 i (WH01) ' 0.2 rI 0.4 1,.0.4 0.2(WH06) t _ Anniversary Trail 0.7 1 Hamms Gulch Trail 2.6 �. e� 1 o.a 0.2 � �� O.A. \ 1000 JJ i•fi OO(WH02)�• 1.5 12011 �a � ,._ 400 �,\ `•,�— 'LostTrail 2.3,I� r evard - EXHIBIT B 0.0 .1 .2 .3 .4 .S .6 .7 .8 .9 1.0 One Mile Map Legend Trail Use QParking Lot — — Creek "••'•' Hiking Only Roadside Parking OO 1=° O Trail Distance in Miles —'— Hiking,Equestrian Restroom 0-0 Gate(#s) Hiking,Bicycling,Equestrian Driveway-Authorized No Public Entry —J Dogs on Leashes Permitted Vehicles Only E] Private or Leased Lands Only on Designated Trails Regional Open � . -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-123 Meeting 99-22 September 8, 1999 AGENDA ITEM 3 AGENDA ITEM Approval of Application to the California Coastal C nservancy for Addition to Bear Creek Redwoods Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District approving the application to the California Coastal Conservancy—San Francisco Bay Area Conservancy Program of the California Coastal Conservancy for the 805-acre POST property addition to Bear Creek Redwoods Open Space Preserve. DISCUSSION The District is submitting a grant application to the San Francisco Bay Area Conservancy Program Conservancy in the amount of$5 million to help acquire the 805-acre Peninsula Open Space Trust (POST)property as an addition to Bear Creek Redwoods Open Space Preserve. The total project cost is $17.14 million(according to our fee appraisal), including a bargain sale of the land at a discounted price of$10 million. The San Francisco Bay Area Conservancy Program was developed by The Bay Area Open Space Council through legislation authored by Senator Byron Sher. During this last State Budget Cycle, Senator Sher was able to obtain $10 million as the first amount of State funding for this program. This $10 million is to be used for grants for acquisitions that are"ready to go", and which meet the program criteria, including watershed lands within the nine Bay Area counties. The District and POST are working together to acquire and protect the 1,065-acre property as public open space. On June 28 of this year,the District acquired the 260-acre lower property for$15 million and, on the same date, POST acquired the 805-acre upper property with a$10 million commercial loan. POST is actively seeking$5 million in private donations in order to help repay this loan,while the District works to obtain $5 million in matching grant funds. Grant funds, along with POST's private donations, will enable the District to acquire the property from POST, and at the same time allow POST to retire its commercial loan. The final funding for this project will complete permanent preservation of the 1,065-acre preserve on behalf of the public. Ultimately, it is hoped that the Bear Creek Redwoods Open Space Preserve will create new recreational opportunities, including links to the Bay Area Ridge Trail and the Los Gatos Creek Trail (the most heavily-utilized trail in the South Bay). The habitats on the upper property, including one of the finest 330 DlStel Circle « Los Altos, CA 94022-1404 Phone:6,50-691-1200 FAX:650-691 0485 + E-mail: mrosd@openspace.org Web site:www.of)enspace.org Box(]of( iw(tors:Pete Siemens,Mary(:.Davey,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Manager:L.Craig Britton 99-123 Page 2 remaining stands of second-growth redwoods in Santa Clara County, include those for mountain lion, deer, bobcat, a variety of birds. Protection of these habitats,the scenic values, and the recreational opportunities at this site have been a high priority for over two decades. This grant will help make permanent protection of the land a reality,thus ensuring its environmental and recreational values are preserved in perpetuity for future generations. In addition to this grant application, the District is applying for a$5 million grant from the Wildlife Conservation Board. Our hope is that the total required funds of$5 million may be made available through some combination of these two grant sources. Additionally,the District may be seeking a zero- interest loan from the Coastal Conservancy in the event that grant funds from the Wildlife Conservation Board are awarded later in 2000 instead of at or near the end of the current fiscal year. This would allow the District to complete the project in the soonest possible time frame. Matching funds from POST will be available upon the District Board's approval of the acquisition. The acquisition would be completed no later than June 30, 2000. PROPERTY DESCRIPTION The Bear Creek Redwoods project consists of two adjacent properties known as the"upper"and"lower" properties. The site is located at the base of the Santa Cruz Mountains to the north of Lexington Reservoir County Park and State Route 17, and is a treasure of natural resources, wildlife habitat, and public recreational opportunities. Overall, it consists of mixed redwood, Douglas fir, oak, madrone, and grassland. The property's level grassland hilltops offer vistas of the entire Santa Clara Valley, and its rugged canyons and forested hills are well suited for low-intensity public recreational use. Trail connections in the region, including to the Bay Area Ridge Trail and the Los Gatos Creek Trail,would be greatly enhanced by the preservation of this site, and will provide new, easy access to thousands of acres of existing open space lands currently managed by the Midpeninsula Regional Open Space District, Santa Clara County Department of Parks and Recreation, and the State of California. Mature redwood and Douglas fir forests, which are very unusual to find on the bay side of the Santa Cruz Mountains, give the new Bear Creek Redwoods Open Space Preserve a unique environmental value, noted as containing the finest second-growth redwood forest in Santa Clara County. Another unique feature is the San Andreas Rift Zone, which passes directly through this property. The associated land forms and geological features could be the focus of an educational program incorporating an interpretive geology trail. Bed rock mortar sites have been confirmed on the lower property, offering a rich cultural heritage in the project area that will be preserved for future generations. The site includes the original Alma College buildings, which may be suitable for interpretive programs, and of course the natural outdoor laboratory will be unparalleled for environmental education. The environmental and recreational benefits of this project are many. Preservation of the upper proeprty will: protect and improve water quality in Lexington Reservoir; protect viewshed along Route 17 and Bear Creek Road (a County Scenic Highway); protect habitat for special status animal species; protect open space from potential development; provide 805 acres to public ownership to complete the proposed 1,065-acre Bear Creek Redwoods Open Space Preserve; offer outstanding recreational opportunities to a large nearby urban population; provide a 14.5-mile trail network,through a variety of environments, 99-123 Page 3 including ponds, creeks, meadows, and redwood forest; and broaden recreational opportunities in Lexington Basin, a regional recreational activity center. CEQA COMPLIANCE The acquisition of the 805-acre POST property was determined to be categorically exempt at your March 10, 1999 meeting(see report R-99-07). Prepared by: Del Woods, Senior Acquisition Planner Contact person: L.Craig Britton, General Manager RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICTAPPROVING THE APPLICATION FOR GRANT FUNDS FROM THE SAN FRANCISCO BAY AREA ONSERVANCY PROGRAM OF THE CALIFORNIA COASTAL CONSERVANCY FOR THE FOLLOWING PROJECT:ADDITION TO THE BEAR CREEK REDWOODS OPEN SPACE PRESERVE(PENINSULA OPEN SPACE TRUST)ACQUISITION WHEREAS, in 1998 the Legislature of the State of California established the San Francisco Bay Area Conservancy Program as an element of the California Coastal Conservancy, in order to address the natural resource and recreational goals of the nine-county Bay Area in a coordinated and comprehensive way;and WHEREAS,this Program's goals are to protect,restore, and enhance natural habitats, improve public access and related facilities to and around the Bay, its surrounding hills,and the coast,and promote projects that provide open space that is accessible to urban populations for recreational and educational purposes; and WHEREAS,in 1999 the Legislature and Governor of the State of California approved the Program's first funding appropriation in the amount of$10 million; and WHEREAS,the California Coastal Conservancy,which administers the Program, is now soliciting from public and nonprofit organizations applications for grants to meet the Program's goals; and WHEREAS,the application procedures established by the Coastal Conservancy requires the applicant to certify by resolution of the Board of Directors the authority to submit the application, the authority to enter into a contract with the Conservancy, and the designation of the applicant's authorized representative. Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby: 1. Approve the filing of a grant application to the San Francisco Bay Area Program of the Coastal Conservancy for the above project; and 2. Certify that the District has the authority to enter into a contract with the Conservancy. 3. Appoint the General Manager as agent of the District to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on,which may be necessary for the completion of the aforementioned project. Midpeninsula Regional Open Space District ' 'El Sereno Sanborn 1800 Open Space Preserve County Parke ��L lboo St.)oseph's�HiILF � ^ .Open Space �f \ Preserve .... ' AMr.ki •... 1400 �, ., �• . MROSD uu 15 camore L, �p Y / i T I `a. �(Santa'Clara`Co.) i RI DGE TRAI L i Lex n ton Reservoir Sierra Azul � POST CCIRRIDOR 800 B� County Park Open Space a Preserve 1800 ` O Black BEAR CREEK r REDWOODS OPEN 2000 SPACE PRESERVE 800 1`~RIDGE�T.RAIL! o (LOWER PROPERTY) Cok, IDORI\ � PENINSULA OPEN S -1400 2400 SPACE TRUST (UPPER PROPERTY) 1600 2200 .. 4 �-- 2200 ..:. � •' fry .`� �•R; ` � i r 00 a v i ' O �Sierra Azul �Open'Space'Prescrve (MROSD)� oa i y .. 17 S � PROPERTY ACREAGE LOWER PROPERTY(MROSD) ±260 ACRES UPPER PROPERTY(POST) ±805 ACRES — O PROPERTY TOTAL ±1,065 ACRES 0.0 ...................... EXISTING TRAILS .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile 1800 �� / \ LOCATION MAP: PROPOSED ADDITION TO BEAR CREEK REDWOODS OPEN SPACE PRESERVE 7/99 Regional Open ace 1 R-99-122 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-22 September 8, 1999 AGENDA ITEM 4 AGENDA ITEM Proposed Addition of Eastfield Ming Quong Property to Cathedral Oaks Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATION - 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Eastfield Ming Quong property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Cathedral Oaks Area of 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 Location Maul The 40.56-acre Eastfield Ming Quong property is located east of Lexington Reservoir and adjacent to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. Situated near Mt. Thayer and the upper end of Soda Springs Road, the scenic property forms a large portion of the headwaters of Hooker Gulch. The property affords a panoramic view of the Monterey Bay Area extending from the Carmel Highlands to Big Basin State Park. The site itself is visible from State Highway 17, Summit Road, and nearby District land located in the upper portion of the Los Gatos Creek watershed. This acquisition is important in terms of protecting valuable wildlife habitat, scenic open space and watershed lands. The irregular-shaped property is bounded by District land and San Jose Water Works property to the south and private properties to the north, east, and west. The centerline of Loma Almaden Road, an unsurfaced private road extending from Soda Springs Road to Mt. Thayer and Mt. Umunhum, forms the north boundary of the property. Access to the site is provided by an easement on Loma Almaden Road from the south side of a gate near the end of Soda Springs Road. Although the road extends eastward to District land at Mt. Thayer, access has not fully reached as yet, since the road passes through two private parcels. 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 R-99-122 Page 2 The property is generally very steep and has a mixture of chaparral and riparian vegetation. South-facing slopes, beginning at an elevation of 3,000 feet near the top of the ridge, descend steeply into Hooker Gulch, a major creek that drains into Lexington Reservoir. Riparian vegetation, including large stands of bay laurels, are located in three ravines and adjacent to Loma Almaden Road, where a spring is situated on the north side of the road. Springs are common in this area and many provide water year-round. On the more exposed ridges, chamise is the predominant plant species. Development on the property, in addition to Loma Almaden Road, include a transmission line that crosses the property diagonally and serves private properties along the ridgetop. USE AND MANAGEMENT PLAN Planning Considerations The property is located within the unincorporated area of County of Santa Clara and zoned HS (Hillside), requiring a 20-160 acre minimum lot size based upon a slope density formula. The property is two legal parcels and has a potential density of two dwelling units. For the purposes of residential development, access would be easily obtained on Loma Almaden Road, but site development would be difficult due to the steepness of the terrain. The property is rated in the District's Open Space Master Plan as having a moderately low composite open space value but is important in terms of protecting valuable watershed, wildlife habitat, and scenic resources. It is also important in terms of providing a potential connecting patrol and emergency access route to the Mt. Thayer area in the future. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. Future proposed changes to land use will be subject to further environmental review and public input. Public Access: Closed to public use at this time. Patrol Road: Participate with others having easements on Loma Almaden Road to maintain the road for patrol and emergency purposes. Barriers: Determine if existing gate is on the property's east boundary and relocate it if necessary. Signs: Install preserve boundary signs where appropriate. Name: Name the property as an addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve. R-99-122 Page 3 Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Site Safety Inspection: Preliminary inspection is complete and no hazards were found; comprehensive inspection to be complete before the close of escrow. CAA COMPLIANCE Project Description The project consists of the acquisition of a 44.56-acre parcel of land as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the Sierra Azul Open Space Preserve. The land will be preserved as open space, and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer ownership of the property to the District and ensure that it will be preserved as public open space by incorporating it into the Sierra Azul Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS The purchase price of$75,000 is payable in cash at the close of escrow. This 40.56 acre property is composed of two legal building sites, each approximately 20-acres in size, with a value of$37,500 per site. The purchase price is considered to be fair and reasonable based R-99-122 Page 4 upon current real estate activity in this market area and considering the steep terrain which limits the development potential of these parcels. BUDGET CONSIDERATIONS Fiscal Year1999/2000 Budget for Land Acquisition New Land Budgeted for Acquisition $ 20,000,000 Land Acquisitions Approved this year (6,072,170) Eastfield Ming Quong, Inc. Acquisition proposed on this agenda _ (75,000) Acquisition Budget Remaining $ 13,852,830 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 watershed, wildlife habitat 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: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF EASTFIELD MING QUONG, INC.) The Board of Directors of M[idpeninsula 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 Eastfield Ming Quong Inc. and M[idpeninsula 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$75,000.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of M[idpeninsula 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. SIERRPAZUL OPEN SPACE A. ESERVE Midpeninsula Open Space Preserve KENNEDY-LIMEIK LLN�d�ER A � A^. r 3483 II MT UMUNHUM AREA o \1, -•�Hooker_Gulch�-�- _ o PROPOSED ACQUISITION Q (Eastfield Ming Quong Inc. +/-40.56 AC.) �� o 'I CATHEDRAL�OAKS:AREA. ,, , 0.2 0 0.2 0.4 Miles , Septonbw,,,"9 EXHIBIT A: PROPERTY LOCATION MAP nTT�tC'IiASE.AGREEBMU between F into by 'ASTFIELD MING This Agreement is made and entered called "Seller" and the QUONG INC., a California non-profit benefit Corporation hereinafter S,ULA REGIONAL OPEN SPACE DISTRICT a Public Dices Code, herstrict formedeinafter Pursuant MIDPENIN 3 of Division 5 of the California Public Resour to Article 3 of Chapter Called "District." RI MAU WHEREAS, Seller is the owner of certain real property which has open space area of the County of Santa Clara, and recreational value, within the body located within an unincorporated of this Agreement; and and being more particularly described w e to solicit and receive WHEREAS, District was formed by voter initiativ conveyances of real property by purchase, exchange, gift, or bargain Purchase for Public Park recreation, scenic and Open space t)urposes; and urchase said property for Open space WHEREAS, District desires to p preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and Seller wishes to sell and convey the entirety of said property to WHEREAS, said property upon the terms and conditions set forth District, and District wishes to Purchase herein. AgREEMENT1 recitals and the mutual THEREFORE, inconsideration of the foregoing NOW, parties hereto agree as follows: promises and covenants herein contained, the d District agrees to 1. and . Seller agrees to sell.to District an Seller, Seller's s property located Within an unincorporated area of the purchase from of California, containing approximately Forty and Fifty County of Santa Clara, State pro mo -referred to as Santa Clara County Hundredths (40-56) acres, moreor less' andartysfurther described in the Legal AssessOrls ParcelNumber56231-002. ape 98170691 from North American Title Description attached to preliminary Title Report number "A," and Descrip title report attached hereto as Exhibit Company, a copy Of said Preliminary Is to be eyed together with any incorporated herein by this reference- Said property conveyed t or attributable to the easements, rights of wayy, or rights of use which may be appurenan attached or affixed thereto. All of said real aforesaid lands, and any and all improvements -Subject Property" or the property and appurtenances shall hereinafter be called the "Property. q owl 7 o4 page 2 Purchase Agreement rice ("Purchase Price") for the Property 2• rch�• The total purchase p which shall be paid in cash at shall be Seventy Five Thousand and No/100 Dollars ($75,000), the "Closing" as defined in Section 3 hereof. accordance with tl upon execution of this Agreement, in �O 497 N. Santa 3 �. promptly P° Title Company, escrow shall be opened at North American or other title company Section 11 herein, an row number 9817�91ough which the purchase Cruz Avenue, I-os Gatos, CA 95030 ( r "Escrow Holder ) Bement shall acceptable to District and Seller (huereir►afte executed copy of this Agreement shall be consummated. A fully and sale of the Property customary escrow instructions Escrow Holder to serve as escrow instructions to Escrow Holder; p be deposited with F.sc lementary ° supplemented that the parties shall execute such additional'sul,I Agreement may be amended or reasonably 1e9 the es, but the printed portion of such as Escrow Holder may red by part by explicit additional escrow instructions signed sistent provisions contained herein. r�°n escrow instructions shall not supersede any pursuant to the terms of this Ag appointed and instructed to ee reScrow as herein provided, with the Holder is hereby PP° into the documents and monies to be P°1 to said escrow: following terms and conditions to apply e provided for in the escrow for the clos thereof stten hall be n or A. The ro P es may, by fore October 22, 1999, Provided however, that the parti " as used herein shall be deemed th ���f be The term Closing" to be recorded extend the time for Closing. � defined below) when Escrow Holder causes the Grant Clara County*( the County Recorder of Santariod, execute any and all during the escrow Pe B• Seller and District shall, ary or appropriate to consummate documents and perform any and all acts reasonably rie es e purchase and sale pursuant to the terms of this Agreement. an executed the deposit into the escrow on or before the Closing C. Seller shall a Property described n said Exhibit "A." and recordable Grant Deed, covering 'ct shall deposit into the escrow, on or before the Closing: D. District required Certificate of Acceptance for the Grant Deed, duly (i) The req executed by District and to be dated as of the Closing; a amount of Seventy Payable to Escrow Holder m the ��of (u) District's check Pay which is the balance°f the Purchase 74,000) specified in Season 2. The balance Four Thousand and Nod!100�/��s (�llats ($75,0�) as s� reement. Seventy Five Thousand accordance with Section 11 of this Ag of$1,000.00 is paid into escrow inO Page 3 Purchase Agreement E. Seller shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and All other costs or expenses or allocated between District not otherwise provided for in this Agreement shall be apportioned 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 anescrow procedures.Seller as of losing based upon the latest available tax information using the customary 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 showing title to the Property vested in fee simple in amount of$75,000 for the Property taxes, (u) title exceptions 3, 4, 5, 6 and 7 as District, subject only to: (i) current real property listed in said Preliminary Report ("Exhibit A") dated May 19, 1998; and (iii) such additional prior to the Closing as determined title exceptions as may be approved in writing by District P by District in its sole and absolute discretion. G. Escrow Holder shall, when all required fiords 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 ta Clara County:U�Pn nc the to be Closing, recorded in the Office of the County Recorder toof trial the original o the policy of title Escrow Holder shall cause to be delivered ce insurance required herein, and to Seller Escrow Holder's check �he in S�tion 3hE Pri f the Subject Property (less Seller's portion of the expenses 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. R�ghtc a<nd Liab" ides of the" __ i in the aent of Te 'on ina • In the event this Agreement is terminated and escrow is canceled for� otherwise provided reason, all parties shall be herein. Upon excused from any further obligations hereunder, exceptliable to any such termination of escrow, all parties hereto shall be jointly and severally Escrow Holder for payment of its title and escrow cancellationh termination of escrow), and (subject to rights of subrogation against any party whose fault may have caused y other rights and remedies which it may have against any each party expressly reserves an other party by reason of a wrongful termination or failure to close escrow. 5 i� �P� �,. �•.;,,n�ncy nf . . Seller warrants the Subject Property Seller at there exist no oral or written leases or rental agreements affecting all or any Po 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, Purchase Agreement Page 4 including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party, or by which Seller may be bound or any articles, bylaws, or corporate resolutions of Seller. C. Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of Pr4FlX. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment # Purchase Agreement Page 5 because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). B. presentations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) The Property does not contain any Hazardous Waste or underground storage tanks; (ii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under I Purchase Agreement _ Page 6 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. 9. Waiver of Relocation Benefits and Statutor,�Comvensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91- 646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246- 256) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there under and to any other compensation, except as provided in this Agreement. Seller has been advised as to the extent and availability of such benefits, procedures, notice periods, and assistance, and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement, including the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections. Purchase Agreement _ Page 7 10. Miscellaneous Provisions. A. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. B. Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. C. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance, including execution of any documents which may allow Seller to accomplish a tax deferred exchange of property as permitted by law; provided, however that the District shall not take . title to any third party property other than the subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. D. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. E. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express Purchase Agreement _ Page 8 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: Eastfield Ming Quong, Inc. 251 Llewellyn Avenue Campbell, CA 95008 Attn: John Liegl, Director of Physical Plant Operations TEL: (408) 364-4005 FAX: (408) 364-4013 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (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 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. Purchase Agreement _ Page 9 H. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. I. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. J. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. K. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. L. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. M. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. N. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. O. Broker's Commission. District shall 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. motions. 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. i Purchase Agreement _ Page 10 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 Disvutes. 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. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARB TION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. III SELLER P41TIALW, � BUYER INITIA �� 11. Acceptance. Provided tha s Agreement is executed by Seller and delivered to District on or before August 27, 1999. District shall have until midnight September 22, 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 i °i Purchase Agreement Page 11 into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Rick Williams, Chief Operating Officer ACCEPTED,FOR RECOMMENDATION Date: 7-L J� 9 C (Aj � 1 Michael C. Williams, Real Property Representative Jerry yle, hief ecutive Officer APPROVED AS TO FORM: Da 3 Susan M. Schectman, District Counsel AAX EK�Ljj,&�� QU9,nA!�fffx1PR9 VAL. L. Craig Britton General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: VNORTH AMERICAN DIRECT ALL INQUIRES TO: TITLE Escrow Officer: CINDI RHODES ■COMPANY Telephone No. 408I395-9008 Our No.: 98170691 June 25, 1998 MIDPENINSULA OPEN SPACE DISTRICT 330 DISTEL CIRCLE LOS ALTOS, CALIFORNIA 94022 ATTN: MIKE WILLIAMS PROPERTY ADDRESS NO SITUS SHOWN 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 MAY 19, 1998 VICTORIA MANGAHAS at 7:30 A.M. Title Officer 335 North Santa Cruz Avenue, Los Gatos, California 95030, (408) 395-9008 EXHIE31T � page _ ( The form of policy of title insurance -contemplated by this report is: ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCELS ONE AND THREE. AN EASEMENT AS TO PARCELS TWO AND FOUR. Title to said estate or interest at the date hereof is vested in: EASTFIELD MING QUONG INC., A CALIFORNIA NON-PROFIT BENEFIT CORPORATION, SUCCESSOR IN INTEREST TO THE HOME OF BENEVOLENCE OF SAN JOSE INC., A CORPORATION EXHISIT Page 2 of 12 Page__'I_Otl; Order No. 98170691 Description: The land referred to herein is situated in the State of California, County of SANTA CLARA, IN AN UNINCORPORATED AREA, and is described as follows: PARCEL ONE: BEGINNING AT A 3/4 INCH IRON PIPE AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN 11 .213 ACRE PARCEL OF LAND CONVEYED TO HUGH C. MCCULLOUGH, BY DEED DATED JULY 9, 1965, RECORDED JULY 14, 1965 IN BOOK 7030 OF OFFICIAL RECORDS, SAID POINT BEARS SOUTH 680 19' 04" EAST 113.83 FEET FROM A 2" X 2" WOODEN HUB AND BEING A POINT ON THE SOUTHERLY LINE OF SAID 11.213 ACRE PARCEL; THENCE FROM SAID POINT OF BEGINNING SOUTH 41 23' 06" WEST 85.81 FEET; THENCE SOUTH 80 25' 56" WEST 211 .60 FEET; THENCE SOUTH 261 23' 41 " EAST 62.86 FEET; THENCE SOUTH 521 37' 51 " EAST 346.50 FEET; THENCE SOUTH 1 ° 51' 51 " WEST 54.54 FEET; THENCE SOUTH 671 57' 09" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 670 57' 09" EAST 187.10 FEET; THENCE SOUTH 820 11 ' 14" EAST 306.97 FEET; THENCE SOUTH 50 37, 14" EAST 213.07 FEET MORE OR LESS TO THE EASTERLY LINE OF LOT 5, SECTION 12; TOWNSHIP 9 SOUTH; RANGE 1 WEST; M.D.B. & M.; THENCE ALONG THE SAID EASTERLY LINE SOUTH 1 ° 10' 12" EAST 650.23 FEET MORE OR LESS TO THE SOUTHEAST CORNER THEREOF; THENCE ALONG THE SOUTHERLY LINE SOUTH 880 09' 31 " WEST 1 ,376.92 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH 400 19' 49" EAST 1 ,335.82 FEET MORE OR LESS TO THE POINT OF BEGINNING. BEING A PORTION OF SAID LOT 5 AND CONTAINING APPROXIMATELY 20.290 ACRES. PARCEL TWO: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER A STRIP OF LAND 60.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A 1 INCH IRON BAR AT THE COMMON SECTION CORNER OF SECTIONS 1 , 2, 11 AND 12, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. & M.; THENCE FROM SAID POINT OF BEGINNING NORTH 880 11 ' 01 " EAST ALONG THE DIVIDING LINE BETWEEN SAID SECTIONS 1 AND 12 FOR A DISTANCE OF 63.63 FEET AND THE TRUE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 170 42' 55" EAST 11 .88 FEET; THENCE SOUTH 100 34' 02" WEST 182.82 FEET; THENCE SOUTH 10 06' 59" EAST 353.66 FEET; THENCE SOUTH 460 32' 25" EAST 287.63 FEET; THENCE SOUTH 280 31' 41 " WEST 83.31 FEET; THENCE SOUTH 20 44' 03" EAST 122.43 FEET; THENCE SOUTH 260 49' 33" WEST 79.78 FEET; THENCE SOUTH 27' 00' 31 " EAST 147.43 FEET; THENCE NORTH 380 39' 44" EAST 192.21 FEET; THENCE SOUTH 880 37' 35" EAST 98.61 FEET; THENCE NORTH 550 35' 11 " EAST 64.79 FEET; THENCE SOUTH 680 19' 04" EAST 113.83 FEET; THENCE SOUTH 40 23' 06" WEST 85.81 FEET THENCE SOUTH 80 25' 56" WEST 211 .60 FEET; THENCE SOUTH 260 23' 41" EAST 62.86 FEET; THENCE SOUTH 520 37' 51 " EAST 346.50 FEET; THENCE SOUTH 1 ° 51 ' 51 " WEST 54.54 FEET; THENCE SOUTH 670 57' 09" EAST 217.10 FEET; THENCE SOUTH 820 11' 14" EAST EXHIBIT...,_. Page 3 of 12 Page -,Of2Q- Order No. 98170691 306.97 FEET; THENCE SOUTH 5° 37' 14" EAST 213.07 FEET MORE OR LESS TO THE EASTERLY LINE OF LOT 5 OF SAID'SECTION 12 OF SAID TOWNSHIP AND RANGE AND THE TERMINUS OF SAID EASEMENT. THE SOUTHEASTERLY TERMINUS OF SAID EASEMENT BEING THE EASTERLY LINE OF LOT 5 AND THE NORTHWESTERLY TERMINUS OF SAID EASEMENT HAVING A BEARING OF NORTH 880 1 1 ' 01 " EAST. PARCEL THREE: BEGINNING AT A 3/4 INCH IRON PIPE AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN 11 .213 ACRE PARCEL OF LAND CONVEYED TO HUGH C. MCCULLOUGH, BY DEED DATED JULY 9, 1965, RECORDED JULY 14, 1965 IN BOOK 7030 OF OFFICIAL RECORDS PAGE 71 , SANTA CLARA COUNTY RECORDS, SAID POINT BEARS SOUTH 680 19' 04" EAST 113.83 FEET FROM A 2" X 2" WOODEN HUB AND BEING A POINT ON THE SOUTHERLY LINE OF SAID 11 .213 ACRE PARCEL; THENCE FROM SAID POINT OF BEGINNING SOUTH 40 23' 06" WEST 85.81 FEET; THENCE SOUTH 81 25' 56" WEST 211 .60 FEET; THENCE SOUTH 26' 23' 41 " EAST 62.86 FEET; THENCE SOUTH 520 37' 51 " EAST 346.50 FEET; THENCE SOUTH 1 ° 51 ' 51 " WEST 54.54 FEET; THENCE SOUTH 670 57' 09" EAST 217.10 FEET; THENCE SOUTH 820 11' 14" EAST 306.97 FEET; THENCE SOUTH 51 37' 14" EAST 213.07 FEET MORE OR LESS TO A POINT ON THE WESTERLY LINE OF LOT 6, SECTION 12; TOWNSHIP 9 SOUTH; RANGE 1 WEST, M.D.B. & M., AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 50 37' 14" EAST 44.76 FEET; THENCE NORTH 740 57' 46" EAST 104.51 FEET; THENCE NORTH 361 34' 56" EAST 252.64 FEET; THENCE NORTH 640 43' 56" EAST 168.93 FEET; THENCE NORTH 670 52' 26" EAST 189.78 FEET; THENCE SOUTH 55° 58' 34" EAST 281 .79 FEET; THENCE NORTH 540 15' 41 " EAST 174.99 FEET; THENCE SOUTH 890 45' 09" EAST 95.00 FEET; THENCE SOUTH 1 ° 10' 12" EAST 889.36 FEET MORE OR LESS TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 6; THENCE ALONG THE SOUTHERLY LINE OF LOT 6 SOUTH 880 09' 31 " WEST 1 ,060.47 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF LOT 6; THENCE ALONG THE WESTERLY LINE OF LOT 6 NORTH 1 ° 10' 12" WEST 650.23 FEET MORE OR LESS TO THE POINT OF BEGINNING. BEING A PORTION OF SAID LOT 6 AND CONTAINING APPROXIMATELY 20.271 ACRES. EXHIBIT Page 4 of 12 page-�., Off Order No. 98170691 PARCEL FOUR: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER A STRIP OF LAND 60.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A 1 INCH IRON BAR AT THE COMMON SECTION CORNER OF SECTION 1 , 2, 11 AND 12, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. & M.; THENCE FROM SAID POINT OF BEGINNING NORTH 880 11 ' 01 " EAST ALONG THE DIVIDING LINE BETWEEN SAID SECTIONS 1 AND 12 FOR A DISTANCE OF 63.63 FEET AND THE TRUE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 170 42' 55" EAST 11 .88 FEET; THENCE SOUTH 100 34' 02" WEST 182.82 FEET; THENCE SOUTH 10 06' 59" EAST 353.66 FEET; THENCE SOUTH 460 32' 25" EAST 287.63 FEET; THENCE SOUTH 280 31' 41 " WEST 83.31 FEET; THENCE SOUTH 20 44' 03" EAST 122.43 FEET; THENCE SOUTH 260 49' 33" WEST 79.78 FEET; THENCE SOUTH 270 00' 31 " EAST 147.43 FEET; THENCE NORTH 380 39' 44" EAST 192.21 FEET; THENCE SOUTH 881 37' 35" EAST 98.61 FEET; THENCE NORTH 550 35' 11 " EAST 64.79 FEET; THENCE SOUTH 680 19' 04" EAST 113.83 FEET; THENCE SOUTH 40 23' 06" WEST 85.81 FEET; THENCE SOUTH 80 25' 56" WEST 211 .60 FEET; THENCE SOUTH 260 23' 41 " EAST 62.86 FEET; THENCE SOUTH 520 37' 51 " EAST 346.50 FEET; THENCE SOUTH 1 ° 51' 51 " WEST 54.54 FEET THENCE SOUTH 670 57' 09" EAST 217.10 FEET; THENCE SOUTH 820 11, 14" EAST 306.97 FEET; THENCE SOUTH 50 37' 14" EAST 257.83 FEET; THENCE NORTH 740 57' 46" EAST 104.51 FEET; THENCE NORTH 360 34' 56" EAST 252.64 FEET; THENCE NORTH 640 43' 56" EAST 168.93 FEET; THENCE,NORTH 670 52' 26" EAST 189.78 FEET; THENCE SOUTH 550 58' 34" EAST 281 .79 FEET; THENCE NORTH 540 15' 41 " EAST 174.99 FEET; THENCE SOUTH 89' 45' 09" EAST 95.00 FEET AND THE TERMINUS OF SAID EASEMENT. THE SOUTHEASTERLY TERMINUS OF SAID EASEMENT HAVING A BEARING OF NORTH 1 ° 10' 12" WEST AND THE NORTHWESTERLY TERMINUS OF SAID EASEMENT HAVING A BEARING OF NORTH 880 11' 01 " EAST. ASSESSOR'S PARCEL NO.: 562-31-002 EXHIBIT _ Page 5 of 12 Page_15" f O Order No. 98170691 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 General and special property taxes, and any assessments collected with taxes, including utility assessments, are a lien not yet payable to be levied for the fiscal year 1998/1999. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. Rights of the public, county and/or city in that portion lying within the street as it now exists: LOMA ALMADEN. 4. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: CLAYTON M. MCCULLOUGH AND NADINE B. MCCULLOUGH No representation is made as to the present ownership of said easement. For: ROADWAY AND UTILITIES Recorded: DECEMBER 31 , 1964 Instrument No.: 2770093 Book: 6800 Page: 67 Affects: THE NORTHERN AND EASTERN 30 FEET OF PARCEL ONE EXHIBITPage 6 of 12 i�— Page_& - -2-0- _of Order No. 98170691 5. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: JAMES E. FARMER AND DOROTHY JEAN FARMER, HIS WIFE No representation is made as to the present ownership of said easement. For: ROADWAY AND UTILITIES Recorded: DECEMBER 31, 1964 Instrument No.: 2770094 Book: 6800 Page: 69 Affects: THE NORTHERN AND EASTERN 30 FEET OF PARCEL ONE 6. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: JAMES E. FARMER AND DOROTHY JEAN FARMER, HIS WIFE No representation is made as to the present ownership of said easement. For: ROADWAY AND UTILITIES Recorded: DECEMBER 27, 1968 Instrument No.: 3543635 Book: 8383 Page: 12 Affects: ROADWAY AND UTILITIES EXHIBIT Page 7 of 12 Page--7—of-W— Order No. 98170691 7. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: CLAYTON M. MC CULLOUGH AND NADINE B. MC CULLOUGH, HIS WIFE No representation is made as to the present ownership of said easement. For: ROADWAY AND UTILITIES Recorded: DECEMBER 27, 1968 Instrument No.: 3543637 Book: 8383 Page: 17 Affects: ROADWAY AND UTILITIES 8. Terms, covenants, conditions and provisions contained in an instrument Entitled: REGULATORY AGREEMENT Executed by and between: STATE OF CALIFORNIA, OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT AND EASTFIELD MING QUONG, INC. Recorded: MARCH 10, 1997 Instrument No.: 13633432 Reference is made to said document for full particulars. EXHIBIT Page 8 of 12 P8gq-Z—" of-L2— Order No. 98170691 9. A deed of trust to secure an indebtedness in the amount shown below and any other obligations secured thereby: Amount: $NO AMOUNT SHOWN Dated: MARCH 1, 1997 Trustor: EASTFIELD MING QUONG, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION Trustee: CHICAGO TITLE Beneficiary: CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY Recorded: MARCH 10, 1997 Instrument No.: 13633433 Loan No.: NONE SHOWN Beneficiary Mailing Address: C/O JENNIFER P. BROWN, ESQ., ORRICK, HERRINGTON & SUTCLIFFE LLP, 400 CAPITOL MALL, SUITE 3000, SACRAMENTO, CA 95814- 4407 The above matter affects the herein described property and other property. 10. This Company will require the following documents in order to insure a conveyance or encumbrance by the corporation named below: Corporation: ❑ Religious ❑ Public Benefit O Benevolent Association EASTFIELD MING QUONG INC., a California Non-Profit Public Benefit Corporation 1 . A copy of the corporation By-Laws or Articles; 2. An original or certified copy of the Resolution authorizing the subject transaction, together with a Certificate of Compliance pursuant to Section 5912, or 7912 Corporations Code; 3. If the Articles by By-Laws require approval by a "parent" organization, we will also require a copy of those By-Laws or Articles. Page 9 of 12 Page Hof ,2D Order No. 98170691 1 1 . The requirement that we be furnished with a Resolution of the Board of Directors of EASTFIELD MING QUONG INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION authorizing the current transaction. END OF EXCEPTIONS EXHIBIT` Page 10 of 12 Page lQ Qf� Order No. 98170691 INFORMATIONAL NOTES: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 1 1611 16.2. There is located on said land VACANT LAND. 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. General and special property taxes for the fiscal year shown below have been paid. Fiscal Year: 1997-1998 Total Amount: $468.58 First Installment: $234.29 Second Installment: $234.29 Land: $19,565.00 Code Area: 80-008 Parcel Number: 562-31-002 6/25/98 EF EXH1131T Page 11 of 12 Page Order No. 98170691 � alf GOOD FUNDS LAW CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER A8512, NORTH AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES: SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT. NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING WITH A CHECK AGAINST A FDIC INSURED BANK). 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A "HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.) NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES. PRELIMINARY CHANGE OF OWNERSHIP REPORT NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. IRS FORM 1099 BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER MUST FURNISH A TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099, OR ITS EQUIVALENT, WITH THE INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF THE INTERNAL REVENUE SERVICE. NOTICE OF A WITHHOLDING REQUIREMENT THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862) ON SALES OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO 3 1/3 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER,OR A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR ` THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA OR THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. IN THE EVENT THE BUYER REQUIRES WITHHOLDING OF THE 3 1/3 PERCENT OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO FILE A COPY OF FORM FTB597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE SELLER HAS REQUESTED A WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD WITHHOLDING AT SOURCE UNIT, P.O. BOX 651, SACRAMENTO, CALIFORNIA 95812-0651 (916) 845-4900. EXHIBIT AmIn Page 12 of 12 Page ,.1,�,-.Of_�a-- Order No. 98170691 I OFFICE OF COUNTY A55E 5 S 0 A -SANTA C L A R A COUNTY, CALI FOANIA B O O K P A G E io 562 31 1 N . W. 1/4 SECTION 12, TWP. 9S., RG. IW.. M. D. B. aM. �.>aKfD n COrGarn.aNCX wrN-'XC m P.M. 499-M-20 ROS.9B/2/ OF 1f Pr%AhUE s tAKAro"coa 2 1 1 as [urT--..UFECTM atE v.A cm 1.1990 r MAFD E.CA2504" o a,.I I $+ LOT 3 LOT 4 PCL.A Io.00nc. I _o �� \1 7.76 AC. // .. OI _ 36.29 AC. 108AC. 5 3.24AC. 2204C. 04 \� 7.98A I.._300 ROAD \ / Q V".oc, 0IN � ""o _-- � PCL C , __-- '—` O Off, Cw 8.90AC. PCL. 8 24"71AC" 7atel Ao ACiNAOENv `�i2e l o •- T LOT 5 I LOT 6 Wc7t I 1060 47 Nc iS CEN, sec11 o VJ UNORTH AMERICAN R OC TITLE NATCO NOTES: DON'T DELAY YOUR CLOSE OF ESCROW! IFANY 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. 111. 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 A Pnft age�of� i NORTHIVIE + �TrrLERICAN ■COMPANY DID YOU KNOW? Any of the following situations could cause a substantial delay in close of escrow. The earlier we are made aware of potential problems, the earlier the issues can be dealt with to ensure a smooth and timely close of your transaction. * Are your principals trying to accomplish a tax deferred exchange? If so, have they chosen an intermediary and who is it? * Will any of the principals be using a Power of Attorney? * Are any of the vested owners deceased or in any way incapacitated? * Do all of the principals who will be signing have a current photo I.D. or Driver's License? * Have any of the principals recently filed for bankruptcy? * Are the sellers of this transaction residents of California? * Has there been a change in marital status of any of the vested owners or will we be adding anyone to title, i.e. co-signers, additional insured, etc.? * Is the property currently vested in a trust or will the new buyer/borrower vest in a trust? * Are any of the trustees of the trust deceased or incapacitated? * Will this transaction involve a short sale? * Will there be a new entity formed, i.e. partnership, corporation? * Will all of the principals be available to sign or will we be Federal Expressing documents to another state/country? If so, where? If you have any other information which may be useful to us, please contact your escrow officer as soon as possible. Our goal is to make your transaction as easy and trouble-free as possible. We appreciate your business and hope that you find North American Title Company your company of choice for all of your title and escrow needs. HISIT Page L,of .26 q EXHIBIT A . L' IF PRINTED EXCEPTIONS AND EXCLUSIONS (i' cy Type) CALIFO -AND TITLE ASSOCIATION STANDARD COVE POLICY - 1990 SCHEDULE EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessment, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (A) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or(c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to(1)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv) environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character dimensions or locations of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at date of policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the company and not shown by the public records but known to the insured claimant either at dated of policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant, (d)attaching or created subsequent to date of policy, or(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. L.KH1181T A Page aw_& of.20 3. AMERICAN LJ,") TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the exceptions in schedule b, you are not insured against loss, costs, attorney's fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: ' and use ' improvements on the land ' land division environmental protection this exclusion does not apply to violations or the enforcement of these matters which appear 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 removal coverage in item 12 of covered title risks. (D) any water rights, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys' fees or expenses which arise by reason of: 1. (a)Any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to(1)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; Vii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv) environmental protection, or the effect of any violation of theses laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)any governmental policy power not excluded by (a)above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a)created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (a)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the 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 10 Page,�"of_2QQ Al 6. Any statutory lien for services, labor or als (or the claim of priority of any statutory lie, ervices, labor or materials over the lien of the insured mortgage) arising from an improver work related to the land which is contracted ,commenced subsequent to Date of Policy and is not financed in whole or in part by proceeda a indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7.Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that is based on; (1)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (11) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (I11)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure; (a)to timely record the instrument of transfer; or (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 or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. (8) any governmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior the date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at date of policy, but not known to the insured claimant and not disclosed in writing to the company by the insured claimant prior to the date of the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d) attaching or creating subsequent to date of policy, or (a)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights law that is based on: (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or 60the 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) kXHI NI AT 4. Unenforceability of the lien of the insured r ige because of failure of the insured at date of or of any subsequent owner of the indebtedness to comply with applicable "doing business' la% he state in which the land is situated. 7. ALTA._Plain Language Owner's Policy(6/87) America First Protection Added(6/1/97) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss,costs, attorney's fees, and expenses resulting from: 1. Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) land use (b)improvements on the land (c)land division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the coverage described in items 12c and d, 13 and 18 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice exercising the right appears in the public records on the Policy Date (b)the take happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a)that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date--unless they appeared in the public records (c)that result in no loss to you (d)that first affect your title after the Policy Date--this does not limit the coverage described in items 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your title 5. Lack of a right: (a)to any land outside the area specifically described and referred to in Item 3 of Schedule A or (b)in streets, alleys or waterways that touch your land This exclusion does not limit the coverage described in Items 5 and 12a of Covered Title Risks. Standard exceptions: (a) any rights, interests or claims of parties in possession of the land not shown by the public records. (b) any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered risks. (c) any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in item 12 of the covered title risks. (d) any water rights, claims or title to water on or under the land. 8. ALTA Loan Policy-Form 1 (10/17/92) America First Protection Added(6/1/97) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which may arise by reason of: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the Land (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. * Page...`.2_0uf _ 2. Rights of eminent domain unless notice of ercise thereof has been recorded in the Public is at Date of Policy, but not excluding fror,, coverage any taking which has occurred pri, to of Policy, but not excluding from coverage cing which as occurred prior to Date of Policy which would be binding on the rights of a pu, 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 (a)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a)usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a)the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b)the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c)the transaction creating the interest of the Insured Mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i)to timely record the instrument or transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charges thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a)the time of the advance; or (b) the time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. EXHIBIT Page -of„-Iz0_ Regional Open I, .ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-120 Meeting 99-22 September 8, 1999 AGENDA ITEM 5 AGENDA ITEM Schedule Special Meeting of the Board of Directors for the se of Nondiscrimination and Sexual Harassment Training for Management Team Members an Membe of the Board of Directors GENERAL MANAGER'S RECOMMENDATI Schedule a Special Meeting of the Board of Directors on Tuesday, September 21, 1999,beginning at 5:00 p.m. for the purpose of attending a training session on the District's Nondiscrimination and Sexual Harassment Policy. DISCUSSION At your March 24, 1993,meeting,you approved the District's Nondiscrimination d Sexual Harassment Policy(see report R-93-46). Staff received initial training on the policy in*pril 199A,and continues to receive follow-up training approximately every one-and-one-half to two years. Since the Nondiscrimination and Sexual Harassment Policy applies to both Board and staff members, it is appropriate to provide training on this policy to Board members,as well as to management team members. Janice Johnson,a partner with the law firm of Whitmore,Johnson&Bolanos,has provided training to the staff in the past and will present the training on the Nondiscrimination and Sexual Harassment Policy to the Board and management team on Tuesday, September 21, 1999,from 5:00 to 8:00 p.m. Prepared by: Deirdre Dolan,Administration and Human Resources Manager Contact person: Same 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 vf, Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton Regional Open L. .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-118 Meeting 99-22 September 8, 1999 AGENDA ITEM 6 AGENDA ITEM Amendment to the Use and Management Plan for Lon dge Open Space Preserve for a Minor Change in the Location of the Gate at the Junction of Skyline Bo evard and Portola Park Heights Road GENERAL MANAGER'S RECOMM to 1. Adopt this Use and Management Plan Amendment to approve a minor change in the location of the electric gate from its previously approved location approximately 30 feet southwest of the original manual gate, to the location of the original manual gate. 2. Authorize payment of the final invoice of$3,926.49, bringing the total District expenditure for this project to $10,000. 3. Waive the tentative adoption of this project due to its minor nature and proceed with final adoption of this item. BACKGROUND At your September 25, 1996, meeting, you: (1)approved an amendment to the Use and Management Plan for Long Ridge Open Space Preserve to construct a portion of the Bay Area Ridge Trail across Portola Park Heights Road and link the trail system of Long Ridge and Skyline Ridge Open Space Preserves; (2)authorized staff to contract for the installation of electrical service to serve an electric gate to be located approximately 30 feet from the existing manual gate; and(3)authorized the General Manager to execute an indemnification agreement on behalf of the District with any interested property owners holding easement rights over Portola Park Heights Road. You also committed up to$10,000 towards the gate electrification project. The project was determined to be categorically exempt from the California Environmental Quality Act. DISCUSSION The trail construction project was completed during the fall of 1996, and a few of the property owners with easement rights over Portola Park Heights Road signed the indemnification agreement with the District. Immediately following your approval of this project in 1996, District staff worked with Pacific Gas and Electric Company and a representative of the Portola Park Heights Community to underground the electrical service from the opposite side of Skyline Boulevard to the site. Upon completion of that portion of the project, the project stalled due to litigation between the District and several members of the community and a disagreement within the community about the preferred location for the gate. The litigation issues were resolved in the District's favor by the Superior Court. Plaintiffs have noticed an appeal of that decision. The electric gate has been installed by a community member, however, it is located in the same place as the previously existing manually operated gate, which served the community for many years (see attached site plan). This location was discussed in early conversations with members of the community, but at that time, a location 30 feet southwest of the existing gate alignment was preferred. Originally the community had expressed interest in installing a two-part gate that would block the trail 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 7' Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-99-118 Page 2 opening when the gate was in its open position. However, an individual within the community recently assumed responsibility to complete the gate electrification project, and obtained funds from the majority of the community to pay for the completion of the project at its current location. Since the gate location was discussed and approved by you, staff felt that electrification of the gate at this revised location should come before you for approval. Pursuant to the District's Public Notification Policy, the General Manager recommends that the Board waive tentative adoption of this minor change and proceed with final adoption. Electrifying the gate in its existing location is acceptable to staff from a land management perspective. It was one of the alternatives originally discussed between a Board ad hoc committee and members of the community. To date, the District has spent$6,073.51 of the$10,000 pledged toward the project. The entire project cost $13,859.51; the District has been invoiced for the remaining portion of the$10,000($3,926.49), and will pay this final amount upon your approval. PUBLIC NOTIFICATION An agenda and copy of this report was sent to all property owners with easement rights on Portola Park Heights Road. CEOA COMPLIANCE Project Description The project consists of the replacement of an existing metal gate with a new gate of the same general dimensions and converting the manually operated vehicle gate to an electrically operated gate. Electrical power from a nearby service panel operates the gate motor, which is connected to the perviously manually operated gate to automate the gate of ease of opening and closing. Project Determination Under CEOA The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Sections 15301, 15302, 15303, and 15304. Section 15301 provides that a project is exempt from CEQA when it covers the operation of existing public or private facilities involving negligible expansion of use beyond that previously existing. Section 15302 exempts projects that consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the replaced structure. Section 15303 (d)exempts projects that involve the extension of an electrical utility to serve the construction of small facilities or the conversion of existing small structures from one use to another. This project falls within all of the above categorical exemptions. Prepared by: Mary de Beauvieres, Senior Planner Contact: Same as above r PORTOLA PARK HEIGHTS ROAD GATE REALIGNMENT I SKYLINE BOULEVARD — — — — — — — — — — — — — — —a — IN I IN I 120, I to I � CALTRANS �I RIGHT OF WAY I I I I Io I I MAILBOXES I I PROPOSED ELECTRIC GATE /(LOCATION OF ORIGINAL I MANUAL GATE) GATE MOTOR ❑ I /METER to ELECTRIC GATE LOCATION (APPROVED 09-25-96) `STILES I T \ I EXISTING DISCLINE / / ml \ — / 0 Zw / NIQ nl I I o I I I a I a cy y Ts �o AUGUST 30, 1999 Claims No. 99-16 Meeting 99-22 Date: September 8, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7082 950.00 Aaron's Septic Tank Service Sanitation Services 7083 211.09 *1 Acme&Sons Sanitation Sanitation Services 7084 409.86 Acme &Sons Sanitation Sanitation Services 7085 130.49 ADT Security Services Alarm Service 7086 357.12 Alamo Lighting Lights for Distel Circle Building 7087 640.41 All Laser Service Copier Maintenance& Cartridges 7088 26.65 American Farmland Trust Resource Documents 7089 100.00 Randy Anderson Reimbursement-APA Dues 7090 86.64 ANG Newspapers Public Hearing Advertisement 7091 83.20 AT&T Telephone Service 7092 217.97 Bailey's Uniforms 7093 1,077.09 B & P Marine Service Boat 7094 207.44 B& S Engine Field Equipment 7095 29.15 Bay Area Air Quality Management District Fuel Nozzle Permit 7096 250.00 Lance Bayer Law Enforcement Training Officer 7097 928.32 Beck's' Shoes Inc. Uniform Boots-New Recruits 7098 3,452.15 Big Creek Field Supplies 7099 335.00 Bill's Towing & Recovery Towing Services 7100 70,272.93 Brazil's Excavating, Inc. Purisima Creek Storm Repairs 7101 606.20 Bruce Barton Pump Service, Inc. Pump-Black Mountain Camp 7102 95.00 California Chamber of Commerce Resource Documents 7103 115.00 California Parks & Recreation Society Recruitment Advertisement 7104 422.40 California Water Service Company Water Service 7105 95.00 Camino Medical Group Medical Services 7106 76.16 Carolina Biological Supply Nature Center Supplies 7107 7,518.72 Carpenter Printing Brochure Printing 7108 7,181.22 Carter Industries 2-Service Bodies-New Vehicles 7109 59.54 Coastside Profiame Propane Tank Rental-Mora Residence 7110 233.71 Cole Supply Company Janitorial Supplies 7111 503.36 Contemporary Engraving Memorial Bench Plaque 7112 249.57 Continuing Education of the Bar Resource Documents 7113 75.00 Compurun Computer Repairs 7114 58.85 Patrick Congdon Reimbursement--Field Supplies 7115 6,286.70 Country Rogue Construction Consulting Sery Consultant--Purisima Creek Storm Repairs 7116 2,118.20 D & M Consulting Engineer Services--Purisima Creek 7117 71.96 Donlee Pump Company Pump Repairs 7118 199.53 Dyna-Med Medical Supplies 7119 129.07 E-Med Company Inc. Safety Supplies 7120 280.00 *2 Emergency Training Services EMT Refresher-J. Smith-P. Hearin 7121 320.00 Emily &Associates Consultant-Planning Department 7122 7,172.78 Environmental Science Associates Environmental Planning-Bear Creek OSP 7123 97.65 John Escobar Vehicle Expense 7124 16.00 Federal Express Express Mail Service 7125 112A4 Film To Frame Film & Developing 7126 595.29 Foster Brothers Security Service Padlocks 7127 55.21 G & K Services Shop Towel Service Page 1 Claims No. 99-16 Meeting 99-22 Date: September 8, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7128 243.56 Graniterock Road Repair Materials 7129 360.00 Green Waster Recovery , Inc. Dumpster Service 7130 158.81 GTE Wireless Cellular Phone Service 7131 499.60 Paul Heady Consultant-Bat Survey 7132 150.83 Hengehold Motor Company, Inc. Coastal Tour-Van Rental 7133 454.40 Home Depot Field Equipment 7134 389.70 Hyster Sales Rental Equipment 7135 880.00 International Training Resources, Ltd. Defensive Tactics Training 7136 342.64 Jobs Available Recruitment Advertisement 7137 2,950.00 Johnson &Associates Classification & Compensation Study 7138 1,350.00 David Kossack Vegetation Map Consultant 7139 70.42 Lab Safety Supply Safety Supplies 7140 676.13 *3 Lanier Worldwide, Inc. Copier Maintenance 7141 384.64 Los Altos Garbage Company Dumpster Service 7142 519.29 Lucent Technologies Phone Maintenance Service 7143 3,926.49 ** Margaret MacNiven Reimbursement-Gate Installation-Portola Park Heights Road Association 7144 214.03 MCI Worldcorn Telephone Service 7145 1,624.55 MetroMobileCommunications Radio Maintenance & Reprogramming 7146 211.13 Moffett Supply Company Janitorial Supplies 7147 200.00 National Safety Council Membership Renewal 7148 389.70 *4 Chris Newcomb Framing Services-Service Award Pictures 7149 .74,000.00 *** North American Title Company Eastfield/Ming Quong Acquisition 7150 1,215.27 Pacific Bell Telephone Service 7151 25.00 Palo Alto Utilities Utilities 7152 422.70 Peninsula Blueprint Printing Services 7153 755.30 PIP Printing Newsletter and Map Printing 7154 255.64 Pitney Bowes Credit Corporation Postage Meter Lease 7155 350.00 *5 Popish Appraisal &Consulting Appraisal Services 7156 4400.00 Popish Appraisal &Consulting Appraisal Services 7157 2007.36 Portola Park Heights Property Owner's Asso Road Dues 7158 55.00 Procopio & Sons Patrol Truck Delivery Service 7159 22,470.08 Rana Creek Habitat Restoration Phase III Grassland Study 7160 22.85 Rancho Cobbler&Cleaners Cleaning Services 7161 34.13 Rayne Water Conditioning Water Service 7162 626.77 Reed &Graham Road Repair Materials 7163 11.69 REI Patrol Bike Supplies 7164 2,784.40 Eric Remington Wildlife Assessment Consultant 7165 105,553.00 Restroorn Facilities Corporation 5-Restrooms 7166 439.61 Revere Products Field Supplies 7167 626.97 Royal Brass, Inc. Tractor Hydraulic Lines 7168 3,804.10 Roy's Repair Service Vehicle Maintenance& Repairs 7169 53.29 Ana Ruiz Vehicle Expense 7170 59.30 Russ Enterprises Signs 7171 55.49 R V Cloud Plumbing Repairs 7172 1,063.68 San Francisco Chronicle Recruitment Advertisement Page 2 Claims No. 99-16 Meeting 99-22 Date: September 8, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7173 1,745.27 San Jose Mercury News Recruitment Advertisement 7174 291.00 Santa Clara Co. Dept. of Environmental Heal Hazardous Materials Permit 7175 150.00 *6 Santa Rosa Junior College Ranger Academy Registration-J. Menk, J. Smith &C. Sparks-Hart 7176 1,365.00 Santa Rosa Junior College Ranger Academy Accommodations 7177 2,054.35 *7 Saratoga Springs Staff Recognition Event Facility 7178 89.25 *8 Second Cup Business Meeting Expense 7179 680.93 Shell Oil Company Fuel 7180 2247.29 John Shelton, Inc. Irrigation Pipe 7181 9.24 Shute, Mihaly &Weinberger LLP Federal Express Expenses 7182 575.04 Signs of the Times Signs 7183 293.36 Silacci's Feed Barn Fencing Materials 7184 67.50 Skywood Trading Post Fuel 7185 170.50 Skyline County Water District Water Service 7186 221.32 *9 Staples Office Supplies 7187 67.69 Stevens Creek Quarry, Inc. Road Materials 7188 392.95 Summit Uniforms Uniforms 7189 60.00 Terminix Pest Control Service--Distel Circle Bldg. 7190 386.14 Therma Corp. HVAC Maintenance 7191 462.00 Thoits Insurance Additional Vehicle Insurance 7192 2,000.00 T.K.O. Construction La Honda Creek Bridge Completion 7193 36.37 Turf& Industrial Equipment Company Tractor Supplies 7194 8,302.82 2M Associates Consulting Services-Annexation Study 7195 773.15 United Rentals Equipment Rental 7196 100.00 *10 United States Postmaster Postage 7197 1,446.21 *11 Visa 131.99-Software 366.07-Office Supplies 207.61 - Field Supplies 190.88- Business Meeting Expense 500.00- Deposit for Truck Body 12.86-Copies 36.80- Resource Documents 7198 89.28 Doug Vu Vehicle Expense 7199 847.56 John Wade Consulting Services-Annexation Study 7200 33.97 Walton Products, Inc. Equipment Supplies 7201 9,396.81 West Coast Lithographers, Inc. Fall Newsletter Printing 7202 274.27 West Group Payment Center Law Library Up-dates &On-Line Services 7203 652.30 Tires by Wheelworks Tires 7204 139.19 Michael Williams Vehicle Expense 7205 78.42 Wolf Camera Photography Services 7206 200.00 Woodside& Portola Private Patrol Secure Gates-Windy Hill Parking Lot 7207 263.18 The Workingman's Emporium Uniforms In the event agenda item#6 is not approved, this claim will not be processed. In the event agenda item#4 is not approved, this claim will not be processed. Page 3 i Claims No. 99-16 Meeting 99-22 Date: September 8, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description *1 Urgent Check Issued August 12, 1999 *2 Urgent Check Issued August 30, 1999 *3 Urgent Check Issued August 13, 1999 *4 Urgent Check Issued August 13, 1999 *5 Urgent Check Issued August 13, 1999 *6 Urgent Check Issued August 24, 1999 *7 Urgent Check Issued August 12, 1999 *8 Urgent Check Issued August 19, 1999 *9 Urgent Check Issued August 13, 1999 *10 Urgent Check Issued September 1, 1999 *11 Urgent Check Issued August 19, 1999 Total $387,559.68 Page 4 Claims No. 99-16 Meeting 99-22 Date: September 8, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7082 950.00 Aaron's Septic Tank Service Sanitation Services 7083 211.09 *1 Acme& Sons Sanitation Sanitation Services 7084 409.86 Acme & Sons Sanitation Sanitation Services 7085 130.49 ADT Security Services Alarm Service 7086 357.12 Alamo Lighting Lights for Distel Circle Building 7087 640.41 All Laser Service Copier Maintenance&Cartridges 7088 26.65 American Farmland Trust Resource Documents 7089 100.00 Randy Anderson Reimbursement-APA Dues 7090 86.64 ANG Newspapers Public Hearing Advertisement 7091 83.20 AT&T Telephone Service 7092 217.97 Bailey's Uniforms 7093 1,077.09 6 & P Marine Service Boat 7094 207.44 B & S Engine Field Equipment 7095 29.15 Bay Area Air Quality Management District Fuel Nozzle Permit 7096 250.00 Lance Bayer Law Enforcement Training Officer 7097 928.32 Beck's' Shoes Inc. Uniform Boots-New Recruits 7098 3,452.15 Big Creek Field Supplies 7099 335.00 Bill's Towing & Recovery Towing Services 7100 70,272.93 Brazil's Excavating, Inc. Purisima Creek Storm Repairs 7101 606.20 Bruce Barton Pump Service, Inc. Pump-Black Mountain Camp 7102 95.00 California Chamber of Commerce Resource Documents 7103 115.00 California Parks& Recreation Society Recruitment Advertisement 7104 422.40 California Water Service Company Water Service 7105 95.00 Camino Medical Group Medical Services 7106 76.16 Carolina Biological Supply Nature Center Supplies 7107 7,518.72 Carpenter Printing Brochure Printing 7108 7,181.22 Carter Industries 2-Service Bodies-New Vehicles 7109 59.54 Coastside Proflame Propane Tank Rental-Mora Residence 7110 233.71 Cole Supply Company Janitorial Supplies 7111 503.36 Contemporary Engraving Memorial Bench Plaque 7112 249.57 Continuing Education of the Bar Resource Documents 7113 75.00 Compurun Computer Repairs 7114 58.85 Patrick Congdon Reimbursement--Field Supplies 7115 6,286.70 Country Rogue Construction Consulting Sery Consultant--Purisima Creek Storm Repairs 7116 2,118.20 D & M Consulting Engineer Services-Purisima Creek 7117 71.96 Donlee Pump Company Pump Repairs 7118 199.53 Dyna-Med Medical Supplies 7119 129.07 E-Med Company Inc. Safety Supplies 7120 280.00 *2 Emergency Training Services EMT Refresher-J. Smith-P. Hearin 7121 320.00 Emily &Associates Consultant-Planning Department 7122 7,172.78 Environmental Science Associates Environmental Planning-Bear Creek OSP 7123 97.65 John Escobar Vehicle Expense 7124 16.00 Federal Express Express Mail Service 7125 112.14 Film To Frame Film & Developing 7126 595.29 Foster Brothers Security Service Padlocks 7127 55.21 G & K Services Shop Towel Service Page 1 Claims No. 99-16 Meeting 99-22 Date: September 8, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7128 243.56 Graniterock Road Repair Materials 7129 360.00 Green Waster Recovery , Inc. Dumpster Service 7130 158.81 GTE Wireless Cellular Phone Service 7131 499.60 Paul Heady Consultant-Bat Survey 7132 150.83 Hengehold Motor Company, Inc. Coastal Tour-Van Rental 7133 454.40 Home Depot Field Equipment 7134 389.70 Hyster Sales Rental Equipment 7135 880.00 International Training Resources, Ltd. Defensive Tactics Training 7136 342.64 Jobs Available Recruitment Advertisement 7137 2,950.00 Johnson &Associates Classification & Compensation Study 7138 1,350.00 David Kossack Vegetation Map Consultant 7139 70.42 Lab Safety Supply Safety Supplies 7140 676.13 *3 Lanier Worldwide, Inc. Copier Maintenance 7141 384.64 Los Altos Garbage Company Dumpster Service 7142 519.29 Lucent Technologies Phone Maintenance Service 7143 3,926.49 ** Margaret MacNiven Reimbursement-Gate Installation-Portola Park Heights Road Association 7144 214.03 MCI Worldcom Telephone Service 7145 1,624.55 MetroMobileCommunications Radio Maintenance& Reprogramming 7146 211.13 Moffett Supply Company Janitorial Supplies 7147 200.00 National Safety Council Membership Renewal 7148 389.70 *4 Chris Newcomb Framing Services-Service Award Pictures 7149 74,000.00 *** North American Title Company Eastfield/Ming Quong Acquisition 7150 1,215.27 Pacific Bell Telephone Service 7151 25.00 Palo Alto Utilities Utilities 7152 422.70 Peninsula Blueprint Printing Services 7153 755.30 PIP Printing Newsletter and Map Printing 7154 255.64 Pitney Bowes Credit Corporation Postage Meter Lease 7155 350.00 *5 Popish Appraisal &Consulting Appraisal Services 7156 4400.00 Popish Appraisal &Consulting Appraisal Services 7157 2007.36 Portola Park Heights Property Owner's Asso Road Dues 7158 55.00 Procopio &Sons Patrol Truck Delivery Service 7159 22,470.08 Rana Creek Habitat Restoration Phase III Grassland Study 7160 22.85 Rancho Cobbler&Cleaners Cleaning Services 7161 34.13 Rayne Water Conditioning Water Service 7162 626.77 Reed &Graham Road Repair Materials 7163 11.69 REI Patrol Bike Supplies 7164 2,784.40 Eric Remington Wildlife Assessment Consultant 7165 105,553.00 Restroom Facilities Corporation 5-Restrooms 7166 439.61 Revere Products Field Supplies 7167 626.97 Royal Brass, Inc. Tractor Hydraulic Lines 7168 3,804.10 Roy's Repair Service Vehicle Maintenance& Repairs 7169 53.29 Ana Ruiz Vehicle Expense 7170 59.30 Russ Enterprises Signs 7171 55.49 R V Cloud Plumbing Repairs 7172 1,063.68 San Francisco Chronicle Recruitment Advertisement Page 2 Claims No. 99-16 Meeting 99-22 Date: September 8, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7173 1,745.27 San Jose Mercury News Recruitment Advertisement 7174 291.00 Santa Clara Co. Dept. of Environmental Heal Hazardous Materials Permit 7175 150.00 *6 Santa Rosa Junior College Ranger Academy Registration-J. Menk, J. Smith &C. Sparks-Hart 7176 1,365.00 Santa Rosa Junior College Ranger Academy Accommodations 7177 2,054.35 *7 Saratoga Springs Staff Recognition Event Facility 7178 89.25 *8 Second Cup Business Meeting Expense 7179 680.93 Shell Oil Company Fuel 7180 2247.29 John Shelton, Inc. Irrigation Pipe 7181 9.24 Shute, Mihaly &Weinberger LLP Federal Express Expenses 7182 575.04 Signs of the Times Signs 7183 29136 Silacci's Feed Barn Fencing Materials 7184 67.50 Skywood Trading Post Fuel 7185 170.50 Skyline County Water District Water Service 7186 221.32 *9 Staples Office Supplies 7187 67.69 Stevens Creek Quarry, Inc. Road Materials 7188 392.95 Summit Uniforms Uniforms 7189 60.00 Terminix Pest Control Service--Distel Circle Bldg. 7190 386.14 Therma Corp. HVAC Maintenance 7191 462.00 Thoits Insurance Additional Vehicle Insurance 7192 2,000.00 T.K.O. Construction La Honda Creek Bridge Completion 7193 36.37 Turf& Industrial Equipment Company Tractor Supplies 7194 8,302.82 2M Associates Consulting Services-Annexation Study 7195 773.15 United Rentals Equipment Rental 7196 100.00 *10 United States Postmaster Postage 7197 1,446.21 *11 Visa 131.99-Software 366.07-Office Supplies 207.61 -Field Supplies 190.88- Business Meeting Expense 500.00- Deposit for Truck Body 12.86-Copies 36.80- Resource Documents 7198 89.28 Doug Vu Vehicle Expense 7199 847.56 John Wade Consulting Services-Annexation Study 7200 33.97 Walton Products, Inc. Equipment Supplies 7201 9,396.81 West Coast Lithographers, Inc. Fall Newsletter Printing 7202 274.27 West Group Payment Center Law Library Up-dates &On-Line Services 7203 652.30 Tires by Wheelworks Tires 7204 139.19 Michael Williams Vehicle Expense 7205 78.42 Wolf Camera Photography Services 7206 200.00 Woodside & Portola Private Patrol Secure Gates-Windy Hill Parking Lot 7207 263.18 The Workingman's Emporium Uniforms 7208R 65.58 Costco Wholesale Janitorial Supplies 7209R 901.87 Tom Fischer Consultant-Planning &Acquisition Depts. 7210R 1,511.20 HMB Bldg. &Garden, Inc. Field Supplies 721IR 361.34 Minton's Lumber& Supply Field Supplies Page 3 Regional Open *ace ....................I...."..................................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Dear Dr. Blum: Thank you for your August 18th, 1999 letter related to feral pigs in the South Skyline area. The Board of Directors reviewed your letter at its September 8, 1999 regular meeting. Similar to your experience, the District has recorded an increase in pig activity, most notably at our Long Ridge Open Space Preserve where pigs are moving in from the south and west, either due to an expansion in their range or an abundance of forage over the past few years. As your letter states, wild pigs pose many concerns for the District, such as their threat to preserve roads and trails, increased sedimentation in the watershed, and their wide ranging distribution and prolific reproductive rate; all of which make control efforts difficult. Effective reduction of feral pig numbers will take a regional effort incorporating State Parks, California Fish and Game, County Parks, water districts, private land owners and the District. Without regional coordination, wild pig activity will only be diverted to neighboring lands and their numbers only slightly controlled. The District is encouraged by the recent communications with the South Skyline Association regarding regional pig control efforts and hopes future discussions will lead to agreement on controlling wild pigs by all neighboring land owners. The District's Resource Management Specialist, Jodi Isaacs, expects to bring a report on pig control methods to the Board at its regular meeting October 27, 1999. The report will include a summary of the data collected on pig activity on District lands over the past two years, an estimate of the time, costs and benefits associated with different control methods, and an assessment of pig control efforts on the District's resource management program. Thank you for your concern about District lands. If you have any further questions or would like to receive a copy of the information mentioned above, please feel free to contact Jodi Isaacs, the District's Resource Management Specialist. Sincerely, ed President Board of Directors BC: ji 330 Distel Circle e Los Altos, CA 94022-1404 * Phone:650-691-1200 FAX: 650-691-0485 e E-mail: mrosd@openspace.org e Web site:www.openspace.org 7. Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Betsy Cro%%der, Kenneth C. Nitz - General Manager:L.Craig Britton Eva Maria Spitz-Blum, Ph.D. P.O. Box 620066 Woodside, California 94062 To The Board of MROSD 08/18/99 Friends, Ladies and Gentlemen-. I write as a concerned citizen, as a tree farmer and as a former member of the ASCS (Soil Conservation and Stabilization) Farmer's Committee Here are the concerns I should like to share with you. Feral pigs are on the march. Their outposts arrived on my own, some 40 acres, Shingle-Mill Ranch about tour years ago, found d it to their liking, are prospering and multiplying ferociously..Now they are sending scouts to the North and are beginning to rototill MROSD lands as well. My neighbors and I on the 600 acres of our Shingle-Mill Reserve (bordering Castle Rock State Park along Highway 9') have to contend with increasing pig damage to roads, ditches, fences and pastures. At the same time yellow star thistles are taking over the pig-tilled meadows at an as e �j q a!arrni-,, r-t.e; des-inite myy "thiizil;nn" despite The nn- t rn orientalis weevil let loose, courtesy of the Agriculture Department. Concurrently, and whatever the cause, deer on my ranch have declined from two herds (one estimated at 17 to 20 head and another of 6 to 13 head) to near zero. This has been our experience which, in a few years, will be that of MROSD if it is not already. A sow attacks, if you inadvertently step between her and her young, as did one of my neighbors. A boar attacks, if you inadvertently disturb his siesta., One of my friends was thrown from her startled horse when an angry boar hurtled towards them. The boar was intent on getting to her bleeding face, as she lay unconscious on the ground. Fortunately, her companion called a Sheriff's Deputy who averted a lethal outcome. AUG Why worry about feral pigs? HABITAT MMYUMQ Feral pigs damage native grasslands, farmlands, crops and gardens, roads and springs. By ringing the bark, they destroy seedling trees. They cause erosion problems on steep hills; they contribute to silting and deterioration of riparian habitat. The rooting of feral pigs lays soil bare to invading (non-native) grasses and weeds (star thistle, broom) poisonous to domestic animals (horses). V ANIMAL-L= Feral pigs destroy fences, thereby causing loss of livestock escaping through the breach or killed by invading predators. Feral pigs' acute sense of smell guides them to birthing grounds where they feast on newborns. LFO 0 M PE 19IDN Feral pigs diminish natural resources for native animals (deer, wild turkey) by competing for feed. P R E MAT I Q N j Feral pigs are omnivores; they prey on newborn wild and domestic animals. Lambs, kids, fawns and groundnesting birds are their prey. And they also eat snakes and frogs, amongst these the Redlegged frog, the San Francisco Garter Snake, the Striped Whipsnake aii of which MROSD is bound to protect. DISEASE VEC!Kfl 1 Feral pigs constitute a mobile disease reservoir, they are a vector for zoonoses (shared between man and pig) including: Hydatid Cyst disease, Tuberculosis, Brucellosis, Leptospirosis, African Swine fever, Bubonic plague,' Anthrax, Trichinosis, and others. A particular concern is the pig's attraction 2 to springs and streams, which it contaminates with urine- and feces-borne diseases.' DANGER0 STURBE Feral pigs are smart, powerful, protective of self and young. They constitute a hazard to hikers, bikers and horseback riders who trespass on their territories. JLXPLOSIVE REPROM A single feral sow is able to reproduce before her first birthday. She can have two litters a year, potentially with 11 piglets in a litter ( a total of 22 new pigs per sow a year). At that rate, the above-described damage to lands, to endangered wildlife and risk to inhabitants by feral pigs is multiplied ' alarmingly. For these reasons I urge MROSD to consider measures now, before it is too late, that will safeguard wildlife, visitors and the land itself that have been entrusted to your care. Please put this item on your next Agenda. Snail Mail copy follows. Sincerely and hopefully IT:> P.S. I have 'In. my file references to all statements in this document (mainly from Fish and Wildlife Extension Services, Parks and Wildlife, Department of Veterinary Pathobiology reports, and from manuals on breeding and management of livestock, etc. I would draw your attention to a recent (6 August, 1999) article in Science, 285, #5429, pp.81 7-8, on "A Plan to Save Hawaii's Threatened Biodiversity", which describes that in only 1500 years or so of human habitation, Hawaii has lost two-thirds of its native forests and hundred of species. According to the U.S. Fish and Wildlife Service, major culprits in 1 The term VECTOR, as used here, means "can transmit the disease". It does not necesseraly mean that the VECTOR itself is ill. 3 this decline are habitat loss and alien species_ such as weeds and feral pas that prey on the natives or flourish in the absence of predators. If you would like the exact or more references, I'll glad be to provide them. 4 Claims No. 99-16 Meeting 99-22 Date: September 8, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7212R 1,103.51 Murray & Murray Legal Fees 7213R 150.00 United States Postmaster Postage 7214R 254.98 Petty Cash Nature Center Supplies, Local Business Meeting Expense, Field Supplies, Office Supplies, Fuel, Film & Staff Event Items In the event agenda item#6 is not approved, this claim will not be processed. In the event agenda item#4 is not approved, this claim will not be processed. *1 Urgent Check Issued August 12, 1999 *2 Urgent Check Issued August 30, 1999 *3 Urgent Check Issued August 13, 1999 *4 Urgent Check Issued August 13, 1999 *5 Urgent Check Issued August 13, 1999 *6 Urgent Check Issued August 24, 1999 *7 Urgent Check Issued August 12, 1999 *8 Urgent Check Issued August 19, 1999 *9 Urgent Check Issued August 13, 1999 *10 Urgent Check Issued September 1, 1999 *11 Urgent Check Issued August 19, 1999 Total $391,908.16 Page 4 KeglOnai Open - . -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING USE AND MANAGEMENT COMMITTEE AGENDA 6:00 P.M. Ken Nitz, Chair Monday, September 13, 1999 Betsy Crowder El Corte de Madera Creek Open Space Preserve Deane Little Gordon Mill Trailhead - gate CM03 Skyline Boulevard, 2.9 miles north of Highway 84 (6:00) ROLL CALL AND INTRODUCTIONS ORAL COMMUNICATIONS - Public (on subjects not on this agenda) ADOPTION OF AGENDA COMMITTEE BUSINESS 1. Review Conceptual Plans for providing public parking for El Corte de Madera Creek Open Space Preserve a. Staff presentation b. Public input c. Committee discussion (7:30) ADJOURNMENT 3 M Distel Circle - Los Altos, CA 94022-1404 o Phone: 650-69 1-1200 FAX:650-691-0485 • F-mail: mrosd @zoperispace.org - Web site:www.ol)ensl)ace.org Ho,ird of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nit/ •General Manager:I Craig f3ritton i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C. Britton,General Manager Date: 8 September 1999 Re: FYIs 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 Regional Open ace _-4.111111,40 14Z' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 25, 1999 Honorable Jim Cunneen Member, California State Assembly Room 2174, State Capitol Sacramento, CA 94249-0001 Dear Assemblyman Cunneen: I was happy to learn that AB 1578, the District-sponsored bill to make some changes to the State Public Resources Code Section 5500, has passed the Senate and is on its way to the Governor for consideration. I would like to thank you for your continuing efforts in authoring and successfully guiding this bill through the legislative process, and for your support of the Midpeninsula Regional Open Space District. Your work in the legislature has and continues to be of great benefit to not only the District, but to our mutual constituents and all who enjoy the open space lands which we manage on behalf of the public. Again, thank you for your fine work on AB 1578. We look forward to continuing our relationship with you and your staff on future issues. Since el L. Craig Britton General Manager LCB/mcs Cc: MROSD Board of Directors *00' Ralph Heim 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX:650-691-0485 • E-mail: mrosd@operispace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey, led Cyr, Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz •General Manager:L_Craig Britton Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 25, 1999 Honorable Gray Davis Governor, State of California 1 st Floor, State Capitol Sacramento, CA 95814 Subject: Support for AB 1578 Dear Governor Davis: The Midpeninsula Regional Open Space District is sponsoring AB 1578, authored by Assemblyman Jim Cunneen. This bill has passed through the legislature without controversy, and is now available for your consideration. I am writing to urge you to sign this bill into law. AB 1578 will make some minor changes and needed corrections in Public Resources Code Section 5500. First, it will amend section 5540 to allow the Midpeninsula Regional Open Space District to exchange up to 40 acres per year, instead of the current limit of 10 acres. Such exchanges are already governed by existing law which provides that a board of directors may, by unanimous vote, determine that a desired property is of equal value to the property being exchanged and is necessary for the district's park or open space purposes. East Bay Regional Park District already has the 40-acre exception in the law, and this bill would extend that exception to Midpeninsula. The second area affected by AB 1578 is section 5546. Existing law allows a park or open space district to contribute funds to the California State Park Commission, or to any municipality, county, or other public corporation for purposes relating to acquisition or management of parks or open space lands. AB 1578 will provide the ability for a district to additionally contribute funds to specified types of private nonprofit entities for the same purposes. This change will be extremely beneficial to local agencies as the valuable role of private nonprofit land conservation agencies continues to expand. I have attached a short fact sheet which provides more detail on the benefits of this bill. I am confident you will agree these changes benefit not only Midpeninsula Regional Open Space District, but other park and open space districts as well. Thank you for your consideration of signing AB 1578 into la . Si cerely, L. Craig Britton General Manager CC: MROSD Board of Directors Honorable Jim Cunneen Ralph Heim 330 Distel Circle • Los Altos, CA 94022-1404 o 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 Regional Open loace � j 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Overview of AB 1578 The Midpeninsula Regional Open Space District, formed in 1972 under Section 5500 of the State Public Resources Code, is sponsoring Assembly Bill 1578, authored by Assemblyman Jim Cunneen. This bill will make some corrections and clarifications to the State Public Resources Code Section 5500 et seq, as well as refine some definitions contained in this Code Section. There are two areas that this legislation will address: 1) Exchange of real property Although it's an uncommon occurrence, in the course of its regular business, a park or open space district may find it most effective to exchange property in order to carry out the purposes of the district. This would take place only when, by unanimous vote, its board of directors determines the property to be of equal value and necessary to be acquired for park or open space purposes. The received property must be adjacent to other property owned by the district. However, current law limits such exchanges to only ten acres per year, with an exception made last year for the East Bay Regional Park District which may exchange up to 40 acres annually. The limit of ten acres currently hinders negotiations for exchanges of somewhat larger parcels of property. Since only ten acres could be exchanged at a time, a property owner with 30 or 40 acres would be reluctant to enter into an exchange agreement since such an exchange for the entire property would have to be meted out over three or four years. This is an impediment to the effective carrying out of land acquisitions which involve exchanges. Forty acres represents one-quarter of one-quarter of a "section" of land (640 acres "sectionalized" by Federal survey), and in rural areas is a common parcel size. In the District's case, a possible exchange of agricultural rights with Ridge Vineyards has been nearly impossible to coordinate due to this restriction. AB 1578 would amend section 5540 to allow the Midpeninsula Regional Open Space District, like East Bay, to exchange up to 40 acres per year,thus reducing the burden on the landowner wishing to make the exchange with the District,and providing the District with additional exchange opportunities. The unanimous vote and equal value protections would remain a part of the law. 2) Contributions to non-profits The involvement of private non-profit land trusts is becoming increasingly important to park and open space districts. Given the dramatic acceleration of land costs, implementing joint or coordinated acquisitions is sometimes the only viable mechanism for acquiring crucial park or open space lands. Many such coordinated projects by land trusts have taken place in the past, resulting in significant benefit to the public -- a benefit that may not have been realized if the land trust had not been the catalyst for the transaction. In some cases, the non-profit group has been an intermediary, a conduit, or a fee owner for an extended period of time. An example was the District's contribution of$6 million toward the acquisition of the Phleger property several years ago. Peninsula Open Space Trust(POST) was the key organizer behind this total $24 million acquisition. However, because the law is unclear on such contributions to non-profits, the District's contribution had to be carefully constructed as part of the Golden Gate National Recreation Area,the eventual manager of the property. This resulted in a significant delay in the conclusion of the acquisition. The delay would have been avoided had the District been able to contribute directly to POST. POST is now involved in many projects of financial interest to the District. AB 1578 will amend this section to add certain types of non-profit corporations to the list of approved recipients of such district funds. This will allow a district to contribute funds,through action of its board of directors, to a private or non-profit entity (such as POST) for purposes related to park or open space acquisitions and improvements and to further the purposes of the district. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX: 650-691-0485 • E-mail: mrosd@openspice.org • Web site:www.openspace.org Ro,ird or Oire<tors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz •General 4tanager:t_Cram Britton Regional Open ace It 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 3, 1999 Ms. Jan Ahlman Saratoga Springs 22801 Big Basin Way Saratoga, CA 95070 Dear Jan: I am writing to express my appreciation for your understanding and cooperation regarding our need to reschedule our staff recognition event. As you know, our staff was heavily involved in an emergency search and rescue effort on Thursday, August 19, the day our picnic was to be held. The majority of our field staff members would have been unable to attend the picnic due to the search efforts. The staff was very grateful that we were able to reschedule the event. Again, I'd like to thank you for so graciously accommodating our need to cancel and reschedule our staff recognition event, especially on such short notice. We're looking forward to enjoying the event at your facility on September 9, with a full complement of well-rested staff. Sincerely, L. Craig Britton General Manager 330 Distel Circle . Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail: nirosd@openspace.org openspace.org • web site:www.openspace.org Board or Dire(tors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko, Bets% Crowder,Kenneth C. Nitz • Genera/Manager:L.Craig Britton Regional Oper0paee 1 August 27, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT California Department of Forestry and Fire Protection Forest Practice Program 135 Ridgway Avenue Santa Rosa, CA 95401 Subject: Comments on Mekler Timber Harvest Plan (THP 1-99-266 SMO) Dear Project Manager: The Midpeninsula Regional Open Space District has reviewed the proposed Mekler Timber Harvest Plan and would like to express concerns about potential impacts the project may have on the surrounding environment. The District is interested in this project because it owns and manages the 1826-acre Long Ridge Open Space Preserve situated to the north and east of the Mekler property and is committed to preserving the integrity of the Oil Creek watershed. In the past few years, the uppermost portion of Oil Creek has been successfully acquired and added to the open space preserve in an effort to protect the unique and pristine condition of the natural resources along Oil Creek. Comments on the Mekler Timber Harvest Plan focus on existing conditions which we feel have been inadequately described and the timber harvesting will result in adverse environmental impacts if they are not addressed. These comments are based on past studies of the project area and a recent field trip taken with the District's wildlife biologist to examine the lower portion of the Mekler property and the proposed haul road. Existing Conditions The Mekler Timber Harvest Plan should describe in more detail the pristine condition of the riparian habitat along Oil Creek and the unstable condition of the slopes adjacent to the proposed haul road. Few creeks in the Santa Cruz Mountains exhibit the unique habitat qualities of Oil Creek and, therefore, this creek deserves the highest level of protection possible. It is our contention the creek is home to Southern Steelhead and the California Red-Legged Frog and should be more adequately addressed in the plan. The Oil Creek watershed supports Southern Steelhead as reported to us by California Department of Fish and Game and, it is our understanding, they have recommended the creek be considered a recovery site for Coho Salmon. Although the timber harvest plan states Oil Creek is unlikely to have a steelhead population because of a log jam at the entry to Pescadero Creek, it should be noted that the presence of steelhead has been documented in the Thompson/Krauskopf Timber Harvest Plan for the adjacent property. In addition, the California Red-Legged Frog is likely to be in the project area as it has been found in the upper reaches of the Oil Creek watershed to the east of the project area. The frog has been identified above the project area by the District's wildlife biologist when conducting a 1995 wildlife study on Long Ridge Open Space Preserve. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAV 650-691-048.3 . E-mail: rnrosdt+openspace.org . Web site:www.openspace.org Board of Directors Pete Sienwn..Mary C. Davev, led Cyr, Deane Little, Nonette Hanko, B(,tsy Crowder, Kenneth C_Nitz .General Manager:L.Craig Britton 1 During our visit to the project area on August 17, 1999, steelhead and/or trout were observed in various locations in Oil Creek adjacent to the proposed haul road, including in pools located directly below the landslide and proposed 600 foot section of new road near the east boundary. The conditions are ideal for steelhead spawning because of the gravel beds located in large pools, cool clear water and shade provided by the surrounding trees. Approximately 4000 feet of the proposed haul road are located within the Oil Creek corridor, generally within 100 feet of the creek and as close as 50 feet in some areas. The road has not been used in a long time and has reverted to a trail in many places with washouts occurring at stream crossings. Slides are quite common throughout the area and the largest appears to be above and below the haul road near the east boundary of the property. Even though we observed several slides on our field visit and some were mentioned in the geotechnical reports, page 7 of the plan states in error that logging roads are not proposed in areas of unstable soils or known slide-prone areas. It should be noted that the slopes in the area of the proposed new 600 foot haul road exceed 70% and, because the extent of the slide has not been identified, the resulting impacts of road construction are only speculative at this time. Potential Adverse Environmental Impacts Sedimentation and warming of water in Oil Creek will result from the proposed logging plan and will seriously impact the creek's steelhead and red-legged frog habitat, as well as the potential for establishing a Coho Salmon recovery site. These species rely on clear cool water and shaded gravel beds that will be altered by erosion and increased sunlight. The most serious erosion will likely occur in the location of the proposed new 600 foot section of haul road that is close to, if not within, the undefined landslide area near the east boundary. The level of information about the slide is insufficient to determine if the new road will or will not cause additional sliding above the current slide. In addition, erosion will occur along the remaining 3,400 foot haul road where grading (widening) will destabilize banks and cause sloughing that will erode into the creek. To the east of the Mekler property, tractor trails are proposed to descend down steep slopes and intersect with the haul road. Here, sedimentation will cross the road and enter the creek. Tree harvesting within the creek corridor will result in both increased sedimentation and an undesirable warming effect of the water. As the forest canopy is opened to sunlight, the water temperature will increase to a point where spawning will no longer occur. The mature and dense forest near the creek should not be selectively cut as permitted in the plan. The District recommends grading and tree removal be prohibited within the creek corridor in an effort to protect the steelhead and red-legged frog habitat. The haul road paralleling Oil Creek which is nothing more than a trail at this point should not be disturbed. The plan should recognize the sensitivity of this unique habitat in the same manner as the adjacent Thompson/Krauskopf Timber Harvest Plan located on the south side of the creek and create a buffer along the creek where no logging activity occurs In conclusion, the District feels the Mekler Timber Harvest Plan is deficient and fails to recognize and protect the critically important wildlife habitat along Oil Creek. At a minimum, we would like to see the plan improved to exclude grading in the creek corridor. If the plan is to proceed, we strongly recommend a public tour take place where neighbors and other interested parties can attend in order gain a better understanding of how the forester and contractors will ensure protection of this pristine wildlife habitat. Sincerely, "/WX;r9Z - Del Woods, Senior Acquisition Planner Cc: CDF, San Mateo/Santa Cruz Ranger Unit MROSD Board of Directors Christina Fischer, San Mateo County Resource Conservation District Dave Vincent, District Superintendent, California State Parks and Recreation Jennifer Nelson, California Department of Fish and Game ZOWIn f IPCII , ,,,,,,,OLA UALLET Town Hall: 765 Portola Road, Portola Valley, I;:,,18 ,fcl: (650)851-1700 Fax: (650) 851-4677 August 27, 1999 Re: Alpine Road Permanent Restoration - Phase 1 Dear Alpine Road Resident, The Alpine Road Restoration Phase 1 Project was awarded to RGW Construction at the August 25th Town Council meeting. A pre-construction meeting was held on August 26th with the project team and the contractor to discuss the schedule, scope of work and coordination items such as traffic schedules and road closure. The project is scheduled to begin on Wednesday, September 1, and to be completed within approximately twelve weeks, weather permitting. The allowed construction hours are 6:30 AM to 6:30 PM, seven days a week. However, RGW plans on working Monday through Friday, 7:00 AM to 3:30 PM. This schedule may change on a weekly or daily basis as the project proceeds. Alpine Road will be closed with locked gates and fencing beginning Wednesday, September 1, midway up the road at #5500, and at the top of the road, below the driveway to #5600-#5940. These are the same gate locations used during last year's construction project. Upper Alpine Road residents are being asked to use Joaquin and Los Trancos Roads to access their properties. The lower Alpine Road residents will use lower Alpine Road for access. RGW will provide access to residents and their guests, and will detour all other traffic at the intersection of Willowbrook and Alpine Road. The lower residents have been given passes to carry in their cars that indicate that they do reside on Alpine Road. The job trailer will be located at the intersection of Alpine Road and Willowbrook Drive. The Town's resident engineer, Rod McHale, will have an office in the trailer, and will be onsite during construction hours. Rod is looking forward to meeting the residents and will be available to answer questions as the job progresses. The largest of the twenty repair sites is Site 5, the large landslide near Lauristen Road. The repair includes construction of a large soldier beam and wood lagging retaining wall (similar to those constructed last year further up the road). A drill rig will be on site to drill twenty-five 15 foot deep bore holes, which will take approximately two to three weeks. The drill rig will block the roadway and once it is set in place, it is very difficult to move. -a_, (9 ., C . Alpine Road Letter August 27, 199 Page 2 Therefore, the Town and contractor will make arrangements with the residents for scheduled travel times during the drilling operations The Blue Oaks contractor has completed most of the improvements on Los Trancos Road, but some work will continue in the right-of-way with two way traffic at all times. PG&E is constructing the joint trench in Los Trancos Road and will continue to provide one lane traffic control. Their work should be completed within 3 —4 weeks. The Town wishes to thank all the residents for your continued patience with the Alpine Road repair projects. If you have any comments or questions please feel free to call me at 851-1700, extension 14. If I'm unavailable you can reach Carol Borck, the Deputy Town Clerk at extension 11, or Rod McHale, the project resident engineer at the job trailer. Sincerely, 11� r- Betty Irvi e Town Engineer cc: Fire Marshal County Sheriffs Department Town Administrator INTEROFFICE MEMORANDUM Aug. 19, 1999 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month July Year 1999 VIOLATIONS TOTALS CITES CRIMES TOTALS CITES Bicycles False info to peace officer 2 0 Closed area 3 3 Resisting arrest 1 0 Speed 12 2 Poss. stolen vehicle 1 arrest Helmet 21 5 Minor poss. G oz. marijuana 8 0 Night-riding 0 0 Minor poss. alcohol 8 0 Unsafe operation 0 0 Indecent exposure 1 0 Dogs Prohibited area 2 0 ACCIDENTS/INCIDENTS Off-leash 5 3 Bicycle 2 Off-road vehicles 5 4 Equestrian 0 Closed area 0 0 Hiking/running 2 After hours 14 7 Search& rescue 2 Fishing 3 1 Air evacuation 0 Vandalism I 0 Vehicle 1 Parking 5 0 Fires 2 Parking after hours 10 0 Dumping/littering 1 1 ENFORCEMENT Campfires 3 0 Citations 31 Camping 3 3 Written warnings 56 Weapons Arrests 1 Actual contact 0 0 Police assistance 2 Report only 0 0 Evidence of 0 0 MUTUAL AID Illegal trail construction 3 0 Accidents 4 Unauthorized memorial 1 0 Law Enforcement 1 Fireworks 3 2 Landing Zone 1 Group use without permit 1 0 Fire 2 SUMMARIES OF SIGNIFICANT INCIDENTS July 1 - An area of trampled vegetation and an illegal trail of about 1/4 mile long were discovered 21: at El Corte de Madera OSP. This trail led to other illegal trails, both old and new. About 10 ramps for jumping bicycles were found. Several trails parallel to the Lawrence Creek Trail were discovered. One extends onto adjacent private property. Two illegal trail segments were discovered near the Upper Gordon Mill Trail. On 7/21 two illegal trails were found near the lower Virginia Mill/Lawrence Creek/Gordon Mill Trail area. W. Phillips, B. Downing, B. Malone, J. Menk. July 4: T. Randall responded to an arson fire near Lake Elsman that threatened Sierra Azul OSP. He opened gates and provided access information to responding units. The fire burned three acres before it was contained. July 6: Two arson fires were set in Sierra Azul OSP. T. Randall responded along with CDF. Both fires were contained. July 7: K. Miller was flagged down by a woman engaged in a domestic dispute, who felt threatened. A deputy was requested to handle the incident. July 10: K. Miller learned that a horse died in April as a result of a rattlesnake bite at Fremont Older. July 11: A cyclist at Monte Bello OSP was reported overdue by his riding companion. After a search the cyclist was located at a private residence and then transported back to Los Trancos parking lot. The cyclist had become lost and exhausted. He had crashed his bike due to hot weather, fatigue and dehydration. Rangers gave him first-aid and his friend transported him to a medical facility. D. Danielson, L. Paterson. July 11: A visitor phoned in a report of a male exposing himself in RSA OSP. A description was obtained and the visitor was encouraged to report the incident to the Santa Clara County Sheriff's Office. July 13: K. Miller observed fireworks and a group of fleeing juveniles near Mora water tank in RSA OSP. Five were stopped and two remained in hiding. A Skyline ranger and a Santa Clara County deputy were requested. The five juveniles were cited for "after hours" violations. The parents of the two who were hiding were contacted (registered owner of associated vehicle). The parents responded and helped locate the juveniles. These two were cited for "after hours" and "discharging fireworks." July 18: A visitor at RSA OSP phoned in a report of a woman screaming. A Santa Clara county deputy was requested to assist. The area was searched but nothing was found. July 27: A group of eight juveniles with alcohol were contacted in RSA OSP. M. Newburn also found a small amount of marijuana and two pipes. T. Randall and J. Smith responded to assist. All eight juveniles were given verbal warnings and the parents were contacted to pick up their children. One juvenile was transported to her home and turned over to her mother, who was unable to pick her up. July 30: Three juveniles were issued citations for camping near the Higgins-Purisima entrance to Purisima OSP . L. Paterson. July 31: The remnants of a large party and bonfire were discovered at Purisima OSP. Three empty kegs of beer, bottles of alcohol, cups etc. were found. A number of pallets had been burned in a bonfire. L. Hyman. July 31: A woman was issued a citation for littering at Purisima OSP. She had arranged a mound of cornmeal,jelly beans, fruit and other items in an apparent ceremonial offering. (The objects were found directly across the creek from where a site with identical offerings was found and cleaned up on April 25, 1999.) Several other women were contacted in the area who were planning a similar activity. They were advised that littering and vandalism are illegal. L. Hyman. July 31: A person was arrested at Long Ridge OSP for possession of a stolen motorcycle. The arrestee had been recently released from jail. A companion was cited for off-road vehicle operation. L. Paterson, B. Malone. Vandalism Incidents: July 1: See illegal trails description above. July 2: "No Parking" sign post stolen from Foothills OSP. July 3: Boundary sign missing at El Corte de Madera. July 8: Post and trail closure sign at El Corte de Madera were twisted. July 16: At Long Ridge a T-post was bent, fencing was pushed down, and a 5' long short cut trail was built. July 21: A chain on an access gate was cut at Sierra Azul OSP. July 24: A chain link fence was cut at RSA OSP. July 25: A trail closure sign was bent and a barricade turned around at El Corte de Madera. July 28: A rock was thrown at a map box and it broke at Purisima Creek Redwoods OSP. July 30: A trail closure sign and post were pulled out and a closed trail was reopened by removing brush at the start of a trail at El Corte de Madera. July 30: A stop sign was hit with a shotgun blast to the sign face at Rancho de Guadalupe. C� PEOPLE FOR OPEN SPACE NEWS RELEASE CONTACT: '.\1ichae1 'N1cCaule�- FOR 1'\INIEDL�TE RELEASE 415-398-3730 tVednesdav, Aunist 27, 1999 TOM STEINBACH NAMED NEW EXECUTIVE DIRECTOR OF BAY AREA'S GREENBELT ALLIANCE Former Conservation Director of the Appalachian Mountain Club Brings Nearly a Decade of Experience Working to Protect Open Space Tom Steinbach has been named the new Executive Director of Greenbelt Alliance, the Bay Area's regional land conservation and urban planning non-profit organization. Steinbach is the former Conservation Director of the Appalachian Mountain Club, an 82,000 member organization fo- cused on natural resource protection and stewardship in the northeast U.S. He will assume the Executive Director position on October 12. "We are extremely pleased that Tom will be joining Greenbelt Alliance as our Executive Director," said Zach Cowan, President of the Greenbelt Alliance Board of Directors. "He brings with him nearly a decade of experience working to protect the environment through effective public advo- cacy, grassroots organizing, research, and coalition building." I am excited about the opportunity to help lead efforts to preserve the Bay Area's Greenbelt and promote smart land use planning," said Steinbach. "Greenbelt Alliance's leadership in protect- ing open space and combating sprawl is impressive and I look forward to building upon this distinguished record of success." As Executive Director, Tom will be responsible for policy advocacy on land use planning at the regional, state, and national levels; development of civic leadership to improve regional decisionmaking; public and media presentations; management of the board and staff; design of major research projects; and overseeing Greenbelt Alliance's budget and fundraising efforts. While at the AMC, Tom's strong conservation track record and consistent fundraising successes enabled him to help expand the group's Conservation Department from three to ten staff mem- bers working from offices in Massachusetts, Maine, New Hampshire, New Jersey, and Vermont. His tenure as Conservation Director was distinguished by strong and diverse partnerships with businesses, government officials, and environmental organizations. Tom holds a Masters in Public Policy from Harvard University's John F. Kennedy School of Government and a Bachelors Degree in Economics from the University of Rochester. Tom is assuming the Executive Director position following the departure last May of Jim Sayer, -who served in the position since 1995. Sayer was recently named the Director of External Affairs for the Environmental Protection Agency's western regional office in San Francisco. Since its founding in 1958, Greenbelt Alliance has helped protect hundreds of thousands of acres of Bay Area open space and has been a lead advocate among local and national conserva- tion groups in researching and promoting re-investment in cities. Regional Open lace 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 1, 1999 City Council Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Re: Lands of Kerns, 11890 Francemont Court Honorable Council Members: The Midpeninsula Regional Open Space District has worked.for many years to preserve the natural resources in this area for the appreciation and benefit of present and future generations. In addition to direct efforts to preserve and manage open space, the District frequently comments on projects proposed for adjacent lands that will have an impact on resource values. The District is concerned that the proposed project at 11890 Francemont will have significant adverse impact on the resource values in the surrounding community and adjacent public open space, and would set an unsupportable precedent in compromising the Town's environmental standards. The project applicants were kind enough to arrange a site visit for District staff. It is clear that the Kerns have made great efforts to make their desired project work within the constraints of the Town's standards and other concerns. They have responded to suggestions made in the District's July 21, 1997 letter (attached) regarding building materials, landscaping, and drainage provisions, should a house be approved on this site. However, the new design does not address the District's concerns about the size of the house, and the new driveway design with related retaining walls would actually be more visually obtrusive than the old design, as noted by the Chair of the Planning Commission at the August 11, 1999 meeting. As stated in the Town staff's report, the project still does not meet the Town's grading standards, and there are concerns that the configuration of the guest house does not meet the standards for secondary units. The project is extremely aggressive from an engineering standpoint, basically excavating a steep, narrow ridge to replace it with a large, sprawling house, and providing access up the side and top of the ridge through the extensive use of retaining walls. Members of the Planning Commission expressed the opinion that the previously approved subdivision map did not allow fora house site on the ridge. Unfortunately for the Kerns and the local environment, the previous approvals and review did not clearly preclude this option. Development in the manner proposed is inconsistent with the letter and intent of the Town's General Plan, which should guide and supersede more detailed plans and policies of the Town. 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 City Council Town of Los Altos Hills September 1, 1999 Page 2 The applicant's objective in placing the house on the ridge is to obtain the commanding San Francisco to San Jose views, but in doing so, the house and access road would become visible from the same wide area. Studies by District staff show that the house and road would be prominently visible from a wide area of Los Alto Hills, as indicated in the attached viewshed analysis prepared on the District's GIS system (Exhibit 1). The attached photos (Exhibits 2 a - c), all taken with a normal view, non-telephoto lens, indicate the proposed house and driveway location from some nearby sites. The visability would be greater from existing residences, which are sited to take advantage of the views, than from the roadways where these pictures were taken. The visual and environmental impact of the project is particularly significant due to the fact that the house and road would be constructed on a ridge which is vertically and horizontally well beyond the limits of adjacent development, as illustrated in the attached aerial photo (Exhibit 3). This residence and its accouterments, if approved, would not only be highly visible from the adjacent 2,135 acre Rancho San Antonio Open Space Preserve, but would be the only residence constructed on this ridgeline. Development limits have been consistently set well below this ridge in the Town's previous residential approvals in this area. Allowing this project to extend well beyond and above the boundaries of other adjacent development would have an impact on wildlife and vegetation as well as the views from the Town and the open space preserve. In addition to placing the house in an environmentally inappropriate location, the project asks for an exception to the existing conservation easement to allow the use of additional area on the ridge as a yard area, which should not be approved under any set of circumstances. There is a viable building site in the lower portion of the property which would allow the construction of a house similar to the other houses in the neighborhood, without extending beyond the current limits of the developed area or requiring an exception from road design standards. On behalf of the Midpeninsula Regional Open Space District, I urge the City Council to uphold the Planning Commission's denial of this oject application. Sincerely, L. Craig ritton General Manager cc: Board of Directors WESTERN WHEELERS BICYCLE CLUB, INC. P.O. BOX 518, PALO ALTO, CALIFORNIA 94302 Midpeninsula Regional Open Space District L Craig Britton, General Manager 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Britton, Enclosed please find a check in the amount of$100 from Western Wheelers Bicycle Club. This donation is submitted by our Board of Directors and the club in appreciation for the Open Space District's efforts in providing bicycle access to trails and roads within its parks. Thank you for providing maps, information, and publicity in support of bicycle use on the trails. Yours Truly, J} f John Langbein President, Western Wheelers Bicycle Club SEP 3 Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 7, 1999 John Langbein President, Western Wheelers Bicycle Club P. O. Box 518 Palo Alto, CA 94302 Dear Mr. Langbein: On behalf of the Midpeninsula Regional Open Space District, I'd like to thank the Western Wheelers Bicycle Club and its Board of Directors for the recent generous donation to the District. The Western Wheelers' commitment to open space preservation and the District's programs is very much appreciated! Donations such as yours demonstrate the cooperative effort that is necessary if we are to accomplish our goal of securing a continuous greenbelt. You can be sure that your $100.00 donation will be put to good use and will help to protect open space, wildlife and natural habitats, and to enhance the positive experience of all visitors to the District's public open space lands. Again, thank you for your contribution to help preserve open space in the midpeninsula area. Sincerely, L. Craig Britton General Manager LCB/kw 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosdRopenspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette Hanko,Betsv Crowder, Kenneth C.Nitz •General Mana;er:L.Craig Britton Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum DATE: September 3, 1999 TO: Patrick Congdon, Supervising Rang r FROM: L Craig Britton, Gen Ma SUBJECT: Letter of Commendation I would to take this opportunity to recognize your contribution to the success of the July 19, 1999 grassland management burn at Russian Ridge. I had the opportunity to observe the burn first hand from Skyline Boulevard. I was very impressed with the professionalism and skill demonstrated by our staff and the participating fire agencies. I was especially impressed with your preparation, organization and management of this event in which errors or mismanagement could potentially have had such serious consequences. Your Supervisor, David Sanguinetti and Jodi Isaacs Resource Management Specialist have also cited your work on the burn as exemplary. On behalf of the Board of Directors and the entire District staff I commend and thank you for your work on the Russian Ridge management burn. Cc: ,/Board of Directors David Sanguinetti, Area Superintendent Personnel File 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 Siernens,Mary C. Davey, led Cyr, Deane Little,Nonette Hanko, Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton