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Home My Public Portal About19991013 - Agendas Packet - Board of Directors (BOD) - 99-25 Regional �, ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-25 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, October 13, 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 the conclusion of the Closed Session, 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. Conference with General Counsel - Anticipated Liti ag tion - Significant exposure to litigation, Government Code 54956.9 (b) - (1 case) 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 • August 11, 1999 • September 21, 1999 • September 22, 1999 *** WRITTEN COMMUNICATIONS BOARD BUSINESS 7:35 1 Consideration of Exercise of the District's Right of First Refusal to Acquire the 20-Acre Slobe Property Adjacent to Windy Hill Open Space Preserve; Approval of Final Boundary Survey and Parcel Reconfiguration of the 20-Acre Parcel Retained by Mr. Robert Slobe; Approval of 110 Distel Circle - Los Altos, CA 9402'-1404 Phone: 050 091-1200 FAX: 0 50-691 0485 a F-mail: mrosd 1 oopenspa<e.org Web site:www.openspace.org f 1,1 u1/7necturs:fete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Ilanko, Betsy Crowder, Kenneth C. Nitz -General r:I Craig Britton Meeting 99-25 Page 2 Private Driveway Maintenance Agreement; Approval of Private Emergency Road Easement and Exchange Agreement; Tentative Adoption of a Use and Management Plan Amendment for a Minor Trail Realignment on the Preserve; and Determination that the Recommended Actions are Categorically Exempt From the California Environmental Quality Act (CEQA); Instruction to the General Manager to Decline to Exercise the District's Right of First Refusal to Acquire the 20-Acre Parcel Owned by Robert Slobe; Adoption of a Resolution Approving the Boundary Survey for the 20-Acre Parcel Retained by Robert J. Slobe, Authorizing the President of the Board or Other Appropriate Officer to Accept a Grant Deed from Mr. Slobe and Concurrently Execute a Grant Deed to Mr. Slobe to Complete the Boundary Reconfiguration for the Retained Slobe Property, and Authorizing the President of the Board or Other Appropriate Officer to Execute the Private Driveway Maintenance Agreement with Robert J. Slobe for the Access Driveway from Portola Road to the 20-Acre Slobe Property; Adoption of a Resolution Authorizing and Approving the President of the Board or Other Appropriate Officer to Execute the Private Emergency Road Easement and Exchange Agreement with Robert J. Slobe and Northern California Presbyterian Homes & Services, Inc., for an Emergency Road From the Slobe Driveway through the Sequoias to Willowbrook Drive, and Authorizing the President of the Board or Other Appropriate Officer to Accept a Grant of Open Space Easement Protecting the Hamm's Gulch and Corte Madera Creek Corridors that Travel through the Slobe Property; and Tentative Adoption of a Use and Management Plan Recommendation to Realign Approximately 300 Feet of Trail as it Enters Windy Hill Open Space Preserve from a Town Trail on The Sequoias, in Conjunction with Realignment of the Town's Trail on the Sequoias Property 8:00 2 Conceptual Approval of an Alternate Driveway Alignment from Alpine Road to Serve the 20- Acre Slobe Property Adjacent to Windy Hill Open Space Preserve 8:20 3 Authorize Payment in the Amount of$23,301.88 Under the Retainer Agreement for Legal Services With the Firm of Miller, Starr, and Regalia *** 4 Approval of Payment to Davis Paving, Inc. in An Amount Not to Exceed $11,012.82 for Repair of Allen Road, La Honda Creek Open Space Preserve; Determination That The Project is Categorically Exempt From The California Environmental Quality Act (CEQA); Approval of Payment for Work to Be Performed by Davis Paving, Inc.; and Authorization for the General Manager to Execute a Purchase Order in An Amount Not to Exceed $11,012.82 for Repair of Allen Road, La Honda Creek Open Space Preserve *** 5 Authorization to Contract with Sandra Gimbal for Planning Services on Storm Damage Repairs and Other Planning Projects; Authorization for the General Manager to Execute an Agreement with Sandra Gimbal for Contract Planning Services to Prepare Permit Applications, Coordinate Preparation of Bid Documents for Storm Damage Repairs to District Roads and Trails, and Other Services on Planning Projects as Required, with a Maximum Contract Amount of $25,000 During Fiscal Year 1999-2000 *** 6 Renewal of Investment Authority and Annual Statement of Investment Policy; Adoption of a Resolution Extending the Controller's Investment Authority Until January 15, 2000; and Adoption of an Investment Policy Meeting 99-25 Page 3 8:25 7 Tentative Adoption of an Amendment to the Use and Management Plan for the Cathedral Oaks Area of Sierra Azul Open Space Preserve to Dedicate the Eastfield Ming Quong Property as Public Open Space; and Determination That This is Not a Project for the Purposes of the California Environmental Quality Act Because It Does Not Commit the District to a Definite Course of Action at this Time But Merely Amends the Tentative Use and Management Plan to Reflect an Intent to Later Dedicate the Property as Open Space *** 8 Authorize the General Counsel to Give Written Notice to the Los Gatos Country Club, LLC, that the Amended Claim of September 9, 1999, Was Untimely Filed and Is Being Returned Without Further Action *** REVISED CLAIMS 8:35 INFORMATIONAL REPORTS - Directors and Staff CLOSED SESSION CONTINUED(if necessary) 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 may 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 t MIDPENINSULA REGIONW644 YPO DISTRICT REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS August 11, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 7:05 P.M. Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane Little, and Betsy Crowder. Members Absent: None. Staff Present: Craig Britton, Sue Schectman. II. CLOSED SESSION J. Cyr stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session agenda Item 1. The Board recessed to Closed Session at 7:05 P.M. and the Closed Session commenced at 7:06 P.M. The Board concluded the Closed Session at 7:30 P.M. and J. Cyr called the Regular meeting to order at 7:34 P.M. He noted that no reportable actions had taken place in Closed Session. Additional Staff Present: Peggy Coats, John Escobar, Deirdre Dolan, Malcolm Smith, Michael Williams, Mike Foster, Del Woods III. ORAL COMMUNICATIONS - There were none. IV. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR N. Hanko removed the minutes of June 9, and D. Little removed the minutes of July 27. Motion: P. Siemens moved that the Board adopt the Consent Calendar including approval of the minutes of the July 14 Regular and Special Meeting, and the July 24 Special Meeting; agenda item 5, Authorization for Staff to Advertise for Bids to Purchase One Brush Chipper; agenda item 6, Cancellation of August 25 Meeting; and Revised Claims 99-15. B. Crowder seconded the motion. The motion passed 7 to 0. 310 Circle . Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX: 650-691 048-) . E-mail: mrosdrropenspace.org Web site: www.opens[)ace.org Homd rat Dtre(tors Pete Siemens, \1ary C. 1),Ivey, led Cyr,Deane I ittle, Noriette Henko, BetSv Crowder,Kenneth C. Nit/ +Gcn o,d Mana,r of:I.< m't;R!'01un Meeting 99-20 Page 2 VI. APPROVAL OF MINUTES June 9, 1999 Motion: M. Davey moved that the Board approve the minutes with the first sentence of the second paragraph on page 4 amended to read, "N. Hanko added that some members of the Coastal Advisory Committee were trying to work out an alternate solution to the District's use of eminent domain .." P. Siemens seconded the motion. The motion passed 7 to 0. July 27, 1999 Motion: K. Nitz moved that the Board approve the minutes of July 27 with the roll call amended to show Deane Little present. P. Siemens seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - Public Hearing Pursuant to Government Code Section 6586.5 on the Proposed 1999 Revenue Bond Financing (Second Issue) by the Midpeninsula Regional Open Space District Financing Authority and on the Significant Public Benefit Thereof- (Report R-99-111). C. Britton introduced Carlo Fowler, Orrick Herrington & Sutcliff; and Tom Lockard, Managing Director of Stone & Youngberg. At 7:40 P.M., J. Cyr opened the public hearing. T. Lockard announced the purpose of the hearing and said the analysis showed that the District could save $170,000. No member of the public wished to speak, and J. Cyr closed the public hearing at 7:42 p.m. B. Agenda Item No. 2 - Issuance of 1999 Revenue Bonds (Second Issue); Confirm That Two Public Hearings Were Held by the Board of Directors of the Midpeninsula Regional Open Space District, One on Tuesday, July 27, 1999, at the Town of Portola Valley's Town Hall, 65 Portola Road, Room 8, and One on Wednesday August 11, 1999, at the District's Administrative Office at 330 Distel Circle Los Altos as Required for Approval of Financing and Adoption of Findings Pursuant to Government Code Section 6586.5 - (Report R-99-108). M. Foster explained that the overall effect of the bond issuance would be to reduce the debt service for the first eight years. He said the interest rate was up a little since preparation of the report. There should be no need for refinancing over the life of the notes. i Meeting 99-20 Page 3 K. Nitz was concerned that the District would have an operating cash flow that was negative in the year 2013 and asked if the District could refinance then. M. Foster said it was not necessary. He said that when the 1995 notes came due, they would be refinanced. The tax projections used for the future were conservative. He said these bonds were easy to sell because the District has control over their spending. C. Britton said this financing would push the District's debt service further into the future, and this could be the last borrowing for a number of years. D. Little asked if the District would be in financial distress in the year 2012 if the bond rates became unfavorable and tax revenues dropped. M. Foster said he did not think so. T. Lockard noted that this is much like the prior two transactions in that they are giving the District the flexibility to restructure ten years out if there is a recession. C. Britton distributed charts showing which properties the District would lease, and noted that 9,000 acres were leased. T. Lockard and C. Fowler answered questions regarding the possibility of exceeding the debt limit. C. Fowler explained that to the extent that they are doing refinancing, until the first call date people are holding Midpeninsula debt. They have put U. S. Government securities in escrow to pay the debt. He said that a conservative insurance company has guaranteed the principal and interest. M. Foster said he would calculate what the percentage of debt would be on the first twenty years if lease financing counted. K. Nitz asked that they improve the wording regarding minimizing administrative costs on page 25 of the Preliminary Official Statement. T. Lockard explained why the August 1 date was used and said that typographical errors had been fixed. He said the objective of the bonds was to produce $15 million in new funds for the District. However, that figure might have to be trimmed to $14.5 million because of current interest rates. T. Lockard said there would be no "blue sky" fees because they will not sell the bonds outside the state of California. He explained the difference between promissory notes and revenue bonds. C. Fowler talked about the abatement risk assumed by bond insurers. T. Lockard said they could not lock interest rates in as they need to have time to market the issue. He outlined the process that would be taking place. Motion: P. Siemens moved that the Board confirm that two public hearings were held by the Board of Directors of the Midpeninsula Regional Open Space District, one on Tuesday, July 27, 1999, at the Town of Portola Valley's Town Hall, 65 Portola Road, Room 8, and one on Wednesday, August 11, 1999, at the District's Administrative Office at 330 Distel Circle, Los Altos, as required for approval of i Meeting 99-20 Page 4 financing and adoption of findings pursuant to Government code Section 6586.5; adopt Resolution No. 99-27, A Resolution Approving the Issuance of the Midpeninsula Regional Open Space District Financing Authority 1999 Revenue Bonds, Second Issue, and the Issuance of Such Bonds; adopt Resolution No. 99-28, A Resolution Authorizing the Execution and Delivery of a Site Lease, a Project Lease, a Local Obligation Purchase Contract and a Continuing Disclosure Agreement and Approving a Preliminary Official Statement and an Agreement for Bond Counsel Services and Certain Other Matters in Connection Therewith; and adopt Resolution No. 99-29, A Resolution Authorizing the Issuance of the Midpeninsula Regional Open Space District 1999 Promissory Notes in a Principal Amount Not to Exceed $8,000,000 and Providing for the Form, Execution and Repayment of Said Notes. D. Little seconded the motion. The motion passed 7 to 0. At 8:25 P.M., J. Cyr adjourned to the meeting of the Midpeninsula Regional Open Space Financing Authority. At 8:35 P.M. J. Cyr reconvened the Midpeninsula Regional Open Space District meeting. RECESS: 8:35-8:40 P.M. C. Agenda Item No. 3 - Approval of License Agreement With Residents of Sheldon Road for District to Use and Manage a Public Trail Across a Portion of Sheldon Road at El Sereno Open Space Preserve; Determining That the Recommended Actions are Categorically Exe=t from the California Environmental Quality Act; Authorization for the President of the Board of Directors to Sign the License Agreement for District to Manage Trail Access Across a Portion of Sheldon Road and Any Required Certificate of Acceptance with the Residents of Sheldon Road as Listed by Assessor's Parcel Numbers; and Tentative Adoption of the Preliminary Use and Management Plan - (Report R-99-113). C. Britton introduced Gibson Anderson, and talked about the history of the agreement and how Mr. Anderson worked to prove public right to use the trail. He said staff have been trying to work this out for about ten years. D. Woods showed the location of Sheldon Road in relation to the preserve and outlined the key points in the agreement. S. Schectman added that it was important to note that the indemnity agreement is limited solely to incidents caused by the physical condition of the road. She said it was important for users to know that if they do not honor the terms and conditions of the license, it is revocable. She said C. Britton had worked had to get all property owners to sign, and they hoped they could get everyone to sign. C. Britton noted that there were four who had not yet signed. In reference to trail immunities, he said staff are concerned that remains in good repair. Staff will do an inspection. He said the District's share for resurfacing the road was $3,000. Meeting 99-20 Page 5 Regarding equestrian use of El Sereno, D. Woods said there were very few these days. N. Hanko asked if there would be signs at the beginning of Sheldon Road to make sure equestrians do not go there. D. Woods said a stile and sign program would be worked out with the residents. P. Siemens expressed concern about problems with paved trails. S. Schectman said the trail immunity still applies but is qualified. P. Siemens expressed the opinion that the District's stepping in is to the benefit of the property owners. C. Britton said that once the agreement is executed and recorded, it is incumbent on the District to stress to users that they need to be a party to this. Motion: D. Little moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; authorize the President of the Board of Directors to sign the License Agreement for District to manage trail access across a portion of Sheldon road; as amended to include the phrase suggested by District Legal Counsel (see below); and any required Certificate of Acceptance with the residents of Sheldon Road as listed by Assessor's Parcel Numbers; and tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report. N. Hanko seconded the motion. Discussion: Anne Johnson, 16905 Sheldon Road, Los Gatos, said she wanted to make the Board aware that not everyone had signed the agreement. There are several issues of concern, including property owner liability and long-term property rights. She said she hoped the District would work with them to resolve these issues. She did not support rude and abusive behavior exhibited by some cyclists. She said the agreement does indemnify them for the road portion. Jeff Johnson talked about parking at the end of the Sheldon Road cul-de-sac. He said there is no room to turn around, and he was afraid parking would become more of an issue. S. Schectman addressed the legal issues. She said the General Manager's recommendation should be amended to add the phrase, "...and further authorize the President of the Board of Directors, subject to the approval of the General Manager and General Counsel, to approve minor revisions to the attached license agreement which do not make substantive changes." P Siemens was concerned about the no parking issue, and said it seemed reasonable for the District to install signs stating resident parking only. S. Schectman said the District has no authority to enforce such signs. She would research the matter. Meeting 99-20 Page 6 F. Mark Payne, 16900 Sheldon Road, expressed concern with indemnity. S. Schectman confirmed that the lawsuit would be dismissed upon execution of the agreement.. C. Britton said it would go back to arbitration if the agreement does not work out. Vote: The motion passed 7 to 0. Gibson Anderson expressed appreciation for the work of the District through the years. D. Agenda Item No. 4 - Approval of Amendment to Settlement Agreement and Related Implementing Agreements for Proposed Acquisition of Property of the Russian Convent of Our Lady of Vladimir, Inc. Creating the Mills Creek Open Space Preserve; and Authorization for the President of the Board of Directors, Subject to the Approval of the General Manager and General Counsel, to Approve Minor Revisions to the Settlement and General Release Agreement and Related . Implementing_Agreements That May be Necessitated by the Land Use Regulatory Reguirements of San Mateo County and Which do not Involve Any Substantial Change to the June 21, 1999 Partial Site Plan for the Convent Project - (Report R- 99-114). S. Schectman said that she was available to answer questions about legal issues. D. Woods presented the staff report, including four revisions. He said the realignment would have no effect on the wildlife corridor. In regard to parking, Don Wolfe, a planner representing the Convent, said that some people would walk and some would use a shuttle. He said the purpose of the extra residence at this time is to house nuns when they can no longer live in the convent, or to house a caretaker. He stressed that use of the residence is as an accessory to the convent; it cannot be sold nor subdivided. D. Woods said the Ridge Trail was not incorporated into the project. Regarding the need or requirement by the County for additional landscaping with buildings being moved closer to Skyline, D Woods said it would be easy to screen. The new location does not change the visual impacts from existing open space or adjacent properties. He said the new plan calls for all the same provisions as the old one. He said the changes did not raise any concerns with staff. The views from Skyline will be mitigated. S. Schectman said there was no change in the provisions regarding the outbuildings. Motion: D. Little moved that the Board adopt Resolution No. 99-30, A Resolution Approving Amendment to Settlement and General Release Agreement and Implementing Agreements, Authorizing Officer to Execute Certificate of Acceptance and Other Documents, and Authorizing General Manager and Board President to Execute Any and All Other Documents Necessary or Appropriate to Meeting 99-20 Page 7 Implement the Amendment (Mills Creek Open Space Preserve - Lands of Russian Convent of Our Lady of Vladimir, Inc.); and Authorize the President of the Board of Directors, subject to the approval of the General Manager and General Counsel, to approve minor revisions to the Settlement and General Release Agreement and related Implementing Agreements that may be necessitated by the land use regulatory requirements of San Mateo County, and which do not involve any substantial change to the June 21, 1999, Partial Site Plan for the Convent Project. P. Siemens seconded the motion. The motion passed 6 to 0. Dir. Davey abstained. D. Wolfe commended staff for working so professionally and cooperatively with the consulting team. VIII. INFORMATIONAL REPORTS N. Hanko: She reminded Boardmembers of the farm tour on the coast, and said that she thought it was important to get as much information as they can from the people on the coast. She referred to newspaper clippings from the Half Moon Bay Review. P. Siemens reported on a meeting of the Santa Clara County Special Districts Association where they discussed what to do next with respect to joining LAFCO. M. Davey: 1. She, C. Britton, and B. Crowder met with Clifford Janoff, Executive Director of Bay Area Ridge Trail, and Doug Kersey, President of Bay Area Ridge Trail Council. M. de Beauvieres and M. Smith attended and made a presentation. They discussed potential new links along Skyline and the Ridge Trail and what has been accomplished so far. She said it was an encouraging meeting. 2. About 150 people attended the fourth forum on Stanford land. The forum was on land use and the academic future of Stanford. Stanford wants flexibility for academic and other uses. At the next meeting, the Community Resource Group will discuss what they will recommend to county planning and the university. B. Crowder 1. She used to be a member of the San Mateo County Ridge Trail group and had attended a meeting. 2. She talked about her vacation to Mont Blanc. 3. She talked about the controlled burn. 4. Portola Valley is having a barbecue in September as a fund- raiser for conservation and preservation, and she had been invited as the honoree. K. Nitz recommended a tape regarding power speaking. D. Little: 1. He attended the controlled burn and was impressed by the professionalism of crews. 2. He is continuing to hike District land and said he thought we had a severe problem with yellow star thistle. He thought we needed to be thinking in terms of a long term management policy. 3. He recommended a book called Tales of the Shaman's Apprentice by Mark Plotkin. J. Cyr: 1. He commented regarding Stanford, noting that private institutions are in the process of having to deal with public input. 2. He went on record in appreciation of the Meeting 99-20 Page 8 preparation work done by all staff for the burn, especially M. Smith and Public Relations. He suggested inviting all fire units within the District to at least observe. 3. He talked about the parties celebrating the Bear Creek Redwoods acquisition, both the staff party and the one with the neighbors. 4. He reminded members of the staff recognition event on August 19. 5. He described his experiences while on bicycle patrol with Brian Malone. He was impressed with ranger professionalism. 6. J. Nicholas had showed him Bear Creek, and he rode with M. Newburn. C. Britton: 1. He also talked about the staff picnic July 30 on the Bear Creek site, and the other party given by the neighbors on August 1. 2. He talked about the Coastal Advisory Committee tour of District lands and the presentations by staff. 3. He announced that Susan Dale was resigning on September 15 and was getting married. He talked about job description changes including a change in job title. 4. Jay Thorwaldson had loaned him an August 1890 magazine describing Yosemite, which was available for review. 5. He attended an open house which included a tour of the new Santa Clara Valley Water District office building. 6. There will be a Town Hall meeting with Byron Sher in Los Altos on August 14. 7. He had an invitation from he Martinez Regional Land Trust for an event on September 18. 8. He had the Kent and Associates material requested by Board Members. 9. The FYIs included a letter from him regarding airport expansion. He advised the Board that the issue is heating up. There are hearings occurring and staff will probably come to the Board with a resolution. 10. Also in the FYIs was a memo from Paul Romero of Santa Clara County regarding the Bear Creek Redwoods acquisition. 11. There was a letter from Rich Gordon responding to Ken Johnson's proposal regarding formation of another open space district on the coast side. 12. Tom Lockard placed an ad in the Mercury News regarding the note issue. 13. He and M. Smith met with Sen. Sher. In that meeting they got a commitment of $2-3 million from the Coastal Conservancy for the Bear Creek Redwoods. 14. He had talked to Denise Dade of the Committee for Green Foothills regarding Stanford. He assumed she would be coming to the Board asking for a resolution and thought the District needed to be prepared to take a strong stand. M. Smith: 1. He talked about the tour of the coastal area Saturday. 2. He showed Board Members how to use the mute buttons on the new microphones. D. Dolan said everyone should have received invitations for the October 19, 5:30 P.M. staff recognition event. J. Escobar said the Deer Hollow Farm annual recognition dinner would be October 3 at 4:00 P.M., IX. ADJOURNMENT At 10:55 P.M. the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 99-15 Meeting 99-20 Date: August 11, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6938 130.49 ADT Security Services Alarm Service-Skyline Office 6939 316.33 *1 Alan Steel & Supply Company Purisima Creek Storm Damage Repairs 6940 97.00 Alexander Hamilton Institute Subscription-Legal 6941 356.95 All Laser Service Printer Cartridge Service 6942 62.31 Randy Anderson Vehicle Expense 6943 53.71 Arne' Sign Signs 6944 38.49 Artech Laminating Lamination Supplies 6945 38.88 AT&T Telephone Service 6946 19.86 Barron Park Supply Plumbing Parts 6947 58.30 Bay Area Air Quality Management District Nozzle Permits-Field Office Fuel Tanks 6948 2,438.00 BNY Western Trust Company Note Paying Agent Fees--1 996 Bonds 6949 588.88 Beck's Shoes, Inc. Uniform Boots 6950 1,237.17 Big Creek Lumber Fence Rails 6951 19,425.00 Brazil's Excavating, Inc. Purisima Creek Storm Damage Repairs 6952 181.44 Browning-Ferris Industries Dumpster Service 6953 69.23 Dick Bruhn, Inc. Uniforms 6954 270.00 Carleen Bruins Reimbursement-NAI Conf. Registration 6955 990.60 California Conservation Corps Non-Native Plant Removal-Pulgas 6956 168.29 California Water Service Water Service 6957 190.00 CARPOSA Conference-J. Escobar/G. Baillie 6958 383.40 Cascade Fire Equipment Company Field Supplies 6959 66.03 Peggy Coats Vehicle Expense 6960 229.60 Cole Supply Company Janitorial Supplies 6961 49.90 Patrick Congdon Reimbursement-Field Supplies 6962 64.95 Contemporary Engraving Name Tag Engraving 6963 11.11 CSK Auto/Kragen Field Supplies 6964 4,392.80 Alice Cummings Grant Preparation Consultant 6965 202.50 Mary de Beauvieres Reimbursement--Conference Expense 6966 8.63 Department of Forestry & Fire Protection Resource Documents 6967 500.00 Finance Director/Assoc. of Bay Area Gov. Membership Dues 6968 32.97 Firestone Tire & Service Centers Vehicle Servicing 6969 146.07 Forestry Suppliers, Inc. Field Supplies 6970 5,500.00 Robert E. Friday Appraisal Services 6971 21.60 G & K Services Shop Towel Service 6972 317.12 Gall's Inc. Vehicle Equipment 6973 348.22 Gardenland Power Equipment Field Supplies 6974 351.43 Goodco Press Incorporated Business Card & Permit Printing 6975 128.36 Goodyear Tire Service Center Tires 6976 139.70 GTE Wireless Cellular Phone Service 6977 473.15 Half Moon Bay Bldg. & Garden, Inc Field Supplies 6978 151.90 Hengehold Truck Rental Van.Rental-CAC Tour 6979 3,674.24 Howard Rome Martin & Ridley Legal Services 6980 492A9 Interstate Traffic Control Products Sign Posts for Trail Closures 6981 239.00 Jodi Isaacs Reimbursement-Conference Expense 6982 3,611.17 Jeda Publications Brochure Printing 6983 13,750.00 Joe's Tractor Service Discing Services-FRO &SRO Pagel Claims No. 99-15 Meeting 99-20 Date: August 11, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6984 1,240.00 Judges&Attorneys Resolution Service, Inc. Legal Mediation Services 6985 3,550.00 Tamara Kan Vegetation Map Consultant 6986 30.00 *2 La Honda-Pescadero School District Meeting Facility Rental 6987 43,174.28 Lasher Auto Center Patrol Truck&Crew Cab 6988 234.72 Los Altos Garbage Dumpster Service 6989 52.00 Los Gatos Weekly Times Subscription 6990 926.90 Lucent Technologies Phone Maintenance Service 6991 37.50 Mac's Lab Paint Testing 6992 30.00 Magana's Building Maintenance Light Maintenance--DC Building 6993 202.37 MCI Worldcom Phone Service 6994 287.46 Metal Craft ID Labels for Field Equipment 6995 2,433.48 MetroMobileCommunications Radio Maintenance & Repairs 6996 720.00 Micro Accounting Solutions Computer Consultant 6997 10,000.00 Miller Starr& Regalia Legal Se'rvices-Closing of Arlie 6998 450.83 Minton's Lumber& Supply Field Supplies 6999 60.00 Mobile Radio Resources Radio Consulting Services 7000 1,149.00 Murray & Murray Thornewood Encroachment Legal Services 7001 223.50 *3 New Leaf Catering CAC Tour Meeting Expenses 7002 398.72 *4 Ken Nitz Reimbursement--Special Districts Forum 7003 1,000.00 *5 North American Title Company Acquisition Deposit 7004 45.00 NSTC/Farmtec Pump Part 7005 133.79 Office Helper Office Supplies 7006 6182.37 *6 Old Republic Title Company Arlie Escrow&Title Insurance 7007 11000,00 *7 Old Republic Title Company Arlie Transfer Tax for District to POST 7008 779.28 Orchard Supply Hardware Field Tools & Supplies 7009 107.57 Orlandi Trailer, Inc. Equipment Repair 7010 1,503.28 Pacific Bell Telephone Services 7011 1,440.00 Pacific Meridian Appraisal Services 7012 109.53 Peninsula Blueprint Printing Services 7013 528.23 PIP Printing Printing Services 7014 275.64 *8 Pitney Bowes, Inc. Postage Machine Lease 7015 1,869.30 Powerland Equipment, Inc. Field Supplies 7016 78.92 Pringle Tractor Company Tractor Supplies 7017 36.47 Precision Engravers Name Tags 7018 6.14 Rancho Hardware Field Supplies 7019 786.36 Regal Dodge, Inc. Vehicle Repairs& Service 7020 1,999.50 Eric Remington Wildlife Assessment Consultant 7021 176.37 Revere Products Road Repair Products 7022 250A1 Rich's Tire Service Tire Repair 7023 6,222.66 Roy's Repair Service Vehicle Maintenance & Repairs 7024 238.23 Russ Enterprises Signs 7025 227.37 Timothy Ryan Nature Center Exhibit Repairs 7026 114.75 Safety-kleen Solvent Tank Service 7027 200.20 San Francisco Newspaper Agency Subscription Renewal 7028 10.00 *9 San Mateo County Public Health Lab Tick Testing 7029 10.00 *10 San Mateo County Public Health Lab Tick Testing Page 2 Claims No. 99-15 Meeting 99-20 Date: August 11, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7030 265.85 *11 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Restrooms 7031 265.85 *12 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Restrooms 7032 442.65 *13 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Restrooms 7033 442.65 *14 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Restrooms 7034 581.00 *15 San Mateo County Planning Department Architectural Review-Restroom Installation 7035 442.65 *16 San Mateo County Planning Department Plan Check Fees-Purisima Restrooms 7036 442.65 *17 San Mateo County Planning Department Plan Check Fees-Purisima Restrooms 7037 265.85 *18 San Mateo County Planning Department Plan Check Fees-Purisima Restrooms 7038 265.85 *19 San Mateo County Planning Department Plan Check Fees-Purisima Restrooms 7039 60.00 Santa Clara County Health Department Hazardous Materials Permit 7040 13.90 Second Cup Business Meeting Expense 7041 243.00 Skyline County Water District Water Services 7042 3,643.84 Shute Mihaly &Weinberger LLP Legal Services 7043 1,200.00 Slaght Living Trust September Rent-Ranger Residence 7044 302.68 Summit Uniforms Uniforms 7045 35.46 State Board of Equalization Diesel Fuel Tax 7046 22.80 Sweco Products Inc. Tractor Part 7047 63.24 Shell Oil Company Fuel 7048 400.00 Therma Corp. HVAC Repair--DC Building 7049 4,100.00 Grant Thornton Auditors 7050 52.70 David Topley Vehicle Expense 7051 32.35 Uline Shipping Boxes 7052 62.18 University Art Center Drafting Supplies 7053 7.72 Union 76 Fuel 7054 6.07 *20 UPS Parcel Delivery Service 7055 6.63 *21 UPS Parcel Delivery Service 7056 450.00 Verio Internet Service-July &August 7057 1,991.50 Visa 32.79 - Resource Documents 1219.27-Vehicle Repairs 36.25- Uniforms 257.22 - Office Supplies & Miscellaneous 24.74 - Local Business Meeting Expense 208.38 -Computer Supplies 212.85-Conference Expense 7058 7,586.16 West Coast Lithographers, Inc. Brochure Printing & Basic Policy Printing 7059 55.21 West Coast Rebar Bridge Supplies 7060 391.29 West Group Payment Center On-Line& Law Library Subscription 7061 5.94 Wheelsmith Bicycles Patrol Bike Repairs& Maintenance 7062 1,200.00 W. J. Sorich Enterprises Sorich Road Dues 7063 458.19 Tires by Wheelworks Tires 7064 134.09 Michael Williams Business Meeting Expense & Mileage 7065 200.00 Woodside & Portola Private Patrol Secure Gates--Windy Hill Parking Lot 7066 300.00 Roberta Wolfe Recording Services 7067 186.07 Wolf Camera Photography Services 7068R 270.06 Costco Wholesale Office& Field Supplies 7069R 28.00 Jobs Available Subscription Page 3 Claims No. 99-07 Meeting 99-10 Date: April 14, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 707OR 935.20 Lanier Worldwide, Inc. Copier Lease Agreement 7071 R 400,00 Merwin Mace Acquisition Consulting Services 7072R 71.35 Ken Miller Reimbursement- Field Supplies 7073R 4,000.00 Navarone Industries, Inc. Newsletter& Hikes&Walks Mailing 7074R 601.09 Office Depot Office Supplies 7075R 809.13 Office Helper Office Supplies 7076R 59.42 Paul Romero Reimbursement-Office Supplies 7077R 1,000.00 Santa Cruz Title Company Acquisition Deposit 7078R 10.08 UPS Parcel Delivery Service 7079R 119.04 Lisa Zadek Vehicle Expense 708OR 866.00 Zoom Cycle Accessories Safety Helmets 7081 R 495.08 Petty Cash Local Business Meeting Expense, Film & Developing, Field &Office Supplies, Nature Center Supplies and Vehicle Expense Total $198,839.87 1 Urgent Check Issued July 29, 1999 *2 Urgent Check Issued July 29, 1999 *3 Urgent Check Issued July 21, 1999 *4 Urgent Check Issued July 16, 1999 *5 Urgent Check Issued July 22, 1999 *6 Urgent Check Issued July 14, 1999 *7 Urgent Check Issued July 15, 1999 *8 Urgent Check Issued July 26, 1999 *9 Urgent Check Issued July 27, 1999 *10 Urgent Check Issued July 27, 1999 *11 Urgent Check Issued July 21, 1999 *12 Urgent Check Issued July 21, 1999 *13 Urgent Check Issued July 21, 1999 *14 Urgent Check Issued July 21, 1999 *15 Urgent Check Issued July 27, 1999 *16 Urgent Check Issued July 21, 1999 *17 Urgent Check Issued July 21, 1999 *18 Urgent Check Issued July 21, 1999 *19 Urgent Check Issued July 23, 1999 *20 Urgent Check Issued July 23, 1999 *21 Urgent Check Issued July 22, 1999 Page 4 a Regional Open '. . ice t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-23 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, September 21, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 5:05 p.m. Members Present: Betsy Crowder, Jed Cyr, Deane Little, Ken Nitz, Pete Siemens, Mary Davey, and Nonette Hanko Members Absent: Staff Present: Craig Britton, Sue Schectman, Deirdre Dolan, John Escobar, Malcolm Smith, Randy Anderson II ORAL COMMUNICATIONS - There were none. III BOARD BUSINESS A. Agenda Item 1 -- Workshop - Non-Discrimination and Sexual Harassment Training for Board of Directors and Management Staff Janice Johnson, Attorney at Law, of Whitmore, Johnson& Bolanos, was introduced to the Board. Ms. Johnson commenced the workshop. The training concluded at 8:13 p.m. IV ADJOURNMENT- The meeting was adjourned at 8:13 p.m. C. Deane Little Secretary 9"30 Distel Circle * Los Altos, CA 94022-1404 m Phone: 650 691-1200 FAX:650-691 0485 a E-mail: mrosdaopenspace.org a Web site:www.openspace.org Board of Piw(tors Pete Siemens,May C.Davey,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C. Nit/ - Gone,raf Man,iger:I.Craig Britton Regional " . ice _, - - -- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-24 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, September 22, 1999 MINUTES ROLL CALL I. In the absence of President Jed Cyr, Vice-President Ken Nitz called the meeting to order at 7:32 p.m. Members Present: Betsy Crowder(left at 8:00 p.m.),Mary Davey,Nonette Hanko, Deane Little, Ken Nitz, Pete Siemens Members Absent: Jed Cyr Staff Present: Craig Britton, Sue Schectman, Deirdre Dolan, Randy Anderson,Malcolm Smith, Peggy Coats, Del Woods, Mike Williams, Tom Fischer, Doug Vu II ORAL COMMUNICATIONS—Ken Johnson, Half Moon Bay, distributed and read a letter from him to the Board of Directors regarding eminent domain on the San Mateo Coast. N.Hanko volunteered to speak to Mr. Johnson over the telephone regarding this issue, and mentioned that she would be making further comments during the Informational Reports portion of the evening's agenda. III ADOPTION OF AGENDA Motion: B. Crowder moved adoption of the agenda. P. Siemens seconded the motion. Motion passed 6 to 0. IV ADOPTION OF CONSENT CALENDAR Motion: M. Davey moved adoption of the Consent Calendar, including Agenda Item 5, Authorization for Administrative Office Staff and Area Superintendents to Observe the 1999 Christmas Day Paid Holiday on Monday, December 27, 1999, and to Close the Administrative Office During the Week of December 27 Through December 31, 1999;Approve the Closure of the Administrative Office During the Week of December 27 through December 31, 1999;Agenda Item 6, Authorization to Purchase Wood Chipper; Authorization for General Manager to Execute a Purchase Contract with Cal-Line Equipment for One Wood Chipper at a Cost of $24,262.07; Minutes of the June 23, 1999, and September 8, 1999, Board Meetings; and Revised Claims 99-24. P. Siemens seconded the motion. Motion passed 6 to 0. 330 Distel Circle • Los Altos, CA 94022-1404 Phone: 650 691-1200 FAX:650-691 0485 • E-mail: mroscirsopenspace.org « Weh site:www.openspace_org Board of Oirtx tor,:Pete Siemens tilary C. Davey, led Cyr, Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • Genera(rvi,:w.ger:t Craig Britton Meeting 99-24 Page 2 V BOARD BUSINESS A. Agenda Item 1 --Assignment of Purchase Agreement and Option to Peninsula Open Space Trust for Loma Prieta Ranch Property and Approval of Property Management Agreement; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Approval of the Assignment Agreement and Property Management Agreement Between the District and Peninsula Open Space Trust, Authorization for the Board President to Execute These Documents, and, Subject to Approval by the General Manager and General Counsel, to Approve Minor Revisions to These Agreements Which Do Not Substantially Change any Material Term of the Agreements D. Woods provided background on the site, and showed slides of the property. P. Siemens asked about the patrol route through the site,and whether the County cleaned up the road. D. Woods replied that the road was now open, and that both Highland and Loma Prieta Roads in the vicinity of the property were public roads. D. Little asked whether the$1 million purchase price was the original price asked by the seller. C. Britton explained the history of the price negotiations, and the previous three-way exchange involving POST. K.Nitz asked whether management costs would be high, due to the distant location of the property. C. Britton responded that he did not anticipate high costs, since the road through the middle of the property is the only access route. D. Woods noted that there were few signs of public use or current vandalism. Motion: B. Crowder moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act; approve the assignment agreement and property management agreement between the District and Peninsula Open Space Trust; authorize the Board President to execute these documents; and, subject to approval by the General Manager and General Counsel,to approve minor revisions to these agreements which do not substantially change any material term of the agreements. D. Little seconded the motion. Vote: The motion passed 6 to 0. B. Agenda Item 2--Authorization to Apply for Recreational Trails Program Grant Funds for Construction of a Segment of Bay Area Ridge Trail at Long Ridge Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from The California Environmental Quality Act; and Adoption of Resolution Approvingthe he Application to the Recreational Trails Program for$25,950 to Construct a Segment of the Bay Area Ridge Trail D. Vu provided background. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act,and adopt Resolution 99-37, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds from the Recreational Trails Program,Fiscal Year 1999-2000, for$25,950 to construct a segment of the Bay Area Ridge Trail. N. Hanko seconded the motion. Discussion: K.Nitz asked what the District would do if the grant were not received. D. Vu replied that the District would still build the trail eventually. Vote: The motion passed 5 to 0. Meeting 99-24 Page 3 C. Agenda Item 3--Proposed Addition of Peninsula Open Space Trust Property to the Mt. Umunhum 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 Peninsula Open Space Trust Property; Tentative Adoption of Preliminary Use and Management Plan Recommendations,Including Naming the Property as an Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve; and Indication of Intention to Dedicate the Property as Public Open Space At This Time D. Woods presented background information on the property,and showed slides. P. Siemens asked if there were buildings on the property. D. Woods replied that there were not. M. Williams provided background on pricing and terms. D. Little asked why there was such a difference in price between this property and the Eastfield Ming Quong property recently acquired in the same general area. M. Williams replied that this property has superior building sites,better views,and greater accessibility, so the price is higher. P. Siemens asked if we would eventually want to abandon right-of-way on the paved public road through the property to prevent trash dumping. C. Britton replied that we couldn't close the road completely because it services other private properties in the area. Motion: P. Siemens moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act; adopt Resolution 99-38, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance and Execution 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 Peninsula Open Space Trust);tentatively adopt the Preliminary Use and Management Plan recommendations, including naming the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve; and indicate its intention to dedicate the property as open space at this time. M. Davey seconded the motion. Vote: The motion passed 5 to 0. D. Agenda Item 4--Applications to Habitat Conservation Fund Program for Soquel Creek Headwaters Acquisition and Mills Creek Open Space Preserve Acquisition Projects,Adoption of Resolution Approvingt he Application to the Habitat Conservation Fund Program for the Soquel Creek Headwaters Acquisition Project, Adoption of Resolution Approvingtpplication to the Habitat Conservation Fund Program for Mills Creek Open Space Preserve Acquisition Project D. Woods presented background information on the proposed grant project areas. K.Nitz asked what the term"incomplete status"meant. C. Britton replied that it meant the District had not yet acquired the property and that we would not receive grant funds until we buy the land. Motion: N. Hanko moved that the Board adopt Resolution 99-39, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Meeting 99-24 Page 4 Application for Grant Funds for the Local Agency Grant Program—Fiscal Year 1999-2000 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Fallowing Project: Soquel Creek Headwaters Acquisition(Loma Prieta Ranch Property);and adopt Resolution 99-40,A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds for the Local Agency Grant Program—Fiscal Year 1999-2000 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Following Project: Mills Creek Open Space Preserve Acquisition. P. Siemens seconded the motion. Vote: The motion passed 5 to 0. VI INFORMATIONAL REPORTS D. Little mentioned that,while hiking in Long Ridge Open Space Preserve, he saw someone filming a mountain bicyclist performing jumps in the creek. M. Davey said that she had attended the Stan Norton Memorial Bench Dedication Ceremony, and was pleased with the day's proceedings. She complimented M. Smith on his job in coordinating the event. P. Siemens mentioned that he and C. Britton had met with the Los Gatos Town Manager and the Assistant Planning Director to discuss development properties near St. Joseph's Hill Open Space Preserve. N. Hanko: 1) She commented on the ceremony for the Stan Norton Memorial Bench Dedication, noting that the Norton family would like to plant a tree for shade over the bench. 2) She and M. Davey have been following the Stanford Land Use Plan and will continue to report on progress to the Board. 3) She amended the statement in K. Johnson's earlier letter to the Board that she"...would support the dropping of Eminent Domain", stating that she had said she would recommend that the Board drop eminent domain in the annexation area, but not throughout the entire District. C. Britton: 1)The governor signed the $2 million Park Bond Act,which should appear on the March 2000 ballot. The District Board will be asked to pass a resolution near that time supporting it. 2)He distributed Oscar Braun's"Challenge of Building a Community"to the Board. 3)He brought the Board's attention to the report on seasonal fires in the FYI's. 4)The governor also signed AB 1578,the Cuneen Bill,which will go into effect January 1,2000. 5)He attended a meeting of the Bay Area Open Space Council with M. Smith, noting that the Coastal Conservancy had received over$25 million in grant application proposals for the Bay Area programs, and that the District should know the status of its application by the end of the year. V11 ADJOURNMENT—The meeting was adjourned at 8:50 p.m. Peggy Coats District Clerk Claims No. 99-17 Meeting 99-24 Date: September 22, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7212 23.60 101 Equipment Sales Vehicle Parts- 7213 70.37 Ace Fire Equipment& Service Co., Inc. Extinguisher Service 7214 832.86 Acme& Sons Sanitation Sanitation Service 7215 67.53 AirTouch Paging Pager Service 7216 190.80 ANG Newspapers Recruitment Advertisement 7217 54.71 AT&T Telephone Service 7218 279.65 Bailey's Uniform Boots 7219 2,500.00 Bay Area Open Space Council Membership 7220 27.01 Barron Park Supply Company Electrical Repairs 7221 250.00 Lance Bayer Law Enforcement Training Instructor 7222 90.72 Browning-Ferris Industries Dumpster Service 7223 606.72 Jane Buxton Trail Use Survey Consultant 7224 95.00 *1 CARPOSA Registration-D. Sanguinetti 7225 19.25 *2 California Department of Forestry Resource Documents 7226 218.44 California Water Service Company Water Service 7227 95.00 Camino Medical Group Medical Services 7228 155.15 Cascade Fire Equipment Company Uniform Supplies 7229 156.62 Cole Supply Co., Inc. Janitorial Supplies 7230 1.00 Communications &Control Inc. Radio Site Lease-Mt. Umunhum Repeater 7231 110.20 Copware Resource Documents 7232 3,208.66 D & M Consulting Engineering Services-Purisima & ECM 7233 4,000.00 Dana Property Analysis Appraisal Services 7234 7,147.36 Design Concepts Brochure & Newsletter Graphics 7235 119.07 Dynamed Medical Supplies 7236 960.00 Emily &Associates Consultant-Planning Department 7237 541.25 Farrelle Communications Patrol Truck Lightbar 7238 55.21 G & K Services Shop Towel Service 7239 2,551.79 Gardenland Power Equipment Field Supplies 7240 129.71 Goodyear Auto Service Center Tires 7241 712.16 Graniterock Road Materials 7242 6632 GTE Wireless Cellular Phone Service 7243 1,000.00 Handy Pete Enterprise Rental Repairs--Contractor 7244 222.34 Home Depot Field Supplies 7245 126.29 Hyster Sales Company Fire Extinguisher 7246 661.00 Jodi Isaacs Reimbursement--Conference Expenses 7247 45.00 Jobs in Government Recruitment Advertisement 7248 206.06 The Ed Jones Co., Inc. Badge Refinishing 7249 81.75 *3 Mary King Reimbursement--Tuition 7250 43.85 Kinko's Printing Services 7251 49.68 Langley Hill Quarry Baserock 7252 935.20 Lanier Worldwide Copier Machine Lease 7253 60.71 Paul McKowan Reimbursement--Supplies 7254 278.20 MetroMobileCommunications Vehicle Equipment 7255 263.91 Moffett Supply Company Janitorial Supplies 7256 950,000.00 *** North American Title Company POST/North Acquisition 7257 77.92 Northern Energy Propane Service Pagel is is Claims No. 99-17 Meeting 99-24 Date: September 22, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7258 1,063.25 Ocean Shore Company Field Supplies_ 7259 1,049.25 Office Depot Office Supplies 7260 628.24 Orchard Supply Hardware Field Supplies 7261 1,290.65 Pacific Bell Telephone Service 7262 3,130.25 *4 Nathan Parks Reimbursement-Vehicle Repairs 7263 271.52 Pip Printing Printing Services 7264 275.64 Pitney Bowes Credit Corp. Postage Meter Lease 7265 10.14 Rancho Cobbler& Cleaners Cleaning Service 7266 1,000.00 Tom Randall October Rent per Agreement 7267 34.13 Rayne Water Conditioning Water Service 7268 817.83 Reed & Graham, Inc. Road Materials 7269 88.00 Regal Dodge Vehicle Maintenance 7270 17.27 Roberts Hardware Field Supplies 7271 218.25 *5 Paul Romero Reimbursement--Tuition 7272 5,757.07 Roy's Repair Service Vehicle Maintenance& Repairs 7273 58.00 Timothy Ryan Nature Center Exhibit Repair 7274 114.75 Safety-Kleen Systems Inc. Solvent Tank Service 7275 870.00 Santa Clara Co. Dept. of Environmental Hazardous Materials Permit Health 7276 79.87 San Jose Mercury News Bid Notice Advertisement 7277 34.56 Saratoga Springs Final Billing-Staff Appreciation Event 7278 293.36 Silacci's Feed Barn Gates 7279 1,200.00 Slaght Living Trust Oct. Rent--Ranger Residence 7280 228.87 Skywood Trading Post Fuel 7281 90.00 Sonoma State University Resource Documents 7282 5,432.50 State Water Resources Control Board Water Rights Adjudication--San Gregario Creek Watershed 7283 136.40 Summit Uniforms Uniforms 7284 752.43 Therma Corp. HVAC Maintenance--Distel Building 7285 355.00 Thoits Insurance Additional Property Insurance 7286 2,915.00 U S Bank Note Paying Agent Fees--92' &93' Notes 7287 1000.00 *6 United States Postmaster Postage 7288 3999.84 Utility Truck Bodies, Inc. Utility Body for New Vehicle 7289 225.00 Verio Pacific Internet Provider 7290 3800.79 Visa 2391.92 New Truck/Utility Shell 188.95 Field Supplies 503.14 Office Supplies 25.58 Business Meeting Expense 411.20 Conference Expense 280.00 Recruitment Advertisement 7291 244.55 West Group Payment Center Law Library Updates&On-line Service 7292 119.67 Wheelworks Tires 7293 929.00 Whitmore, Johnson & Bolanos Legal Services 7294 300.00 Roberta Wolfe Recording Services 7295 42.25 Wolf Camera Photography Services 7296R 4,000.00 Kevin Emery Builder Enterprise Rental Repair Contractor Page 2 Claims No. 99-17 Meeting 99-24 Date: September 22, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7258 1,063.25 Ocean Shore Company Field Supplies 7259 1,049.25 Office Depot Office Supplies 7260 628.24 Orchard Supply Hardware Field Supplies 7261 1,290.65 Pacific Bell Telephone Service 7262 3,130.25 *4 Nathan Parks Reimbursement--Vehicle Repairs 7263 271.52 Pip Printing Printing Services 7264 275.64 Pitney Bowes Credit Corp. Postage Meter Lease 7265 10.14 Rancho Cobbler& Cleaners Cleaning Service 7266 1,000.00 Tom Randall October Rent per Agreement 7267 34.13 Rayne Water Conditioning Water Service 7268 817.83 Reed & Graham, Inc. Road Materials 7269 88.00 Regal Dodge Vehicle Maintenance 7270 17.27 Roberts Hardware Field Supplies 7271 218.25 *5 Paul Romero Reimbursement-Tuition 7272 5,757.07 Roy's Repair Service Vehicle Maintenance& Repairs 7273 58.00 Timothy Ryan Nature Center Exhibit Repair 7274 114.75 Safety-Kleen Systems Inc. Solvent Tank Service 7275 870.00 Santa Clara Co. Dept. of Environmental Hazardous Materials Permit Health 7276 79.87 San Jose Mercury News Bid Notice Advertisement 7277 34.56 Saratoga Springs Final Billing-Staff Appreciation Event 7278 293.36 Silacci's Feed Barn Gates 7279 1,200.00 Slaght Living Trust Oct. Rent--Ranger Residence 7280 228.87 Skywood Trading Post Fuel 7281 90.00 Sonoma State University Resource Documents 7282 5,432.50 State Water Resources Control Board Water Rights Adjudication--San Gregario Creek Watershed 7283 136.40 Summit Uniforms Uniforms 7284 752.43 Therma Corp. HVAC Maintenance-Distel Building 7285 355.00 Thoits Insurance Additional Property Insurance 7286 2,915.00 U S Bank Note Paying Agent Fees--92' &93' Notes 7287 1000.00 *6 United States Postmaster Postage 7288 3999.84 Utility Truck Bodies, Inc. Utility Body for New Vehicle 7289 225.00 Verio Pacific Internet Provider 7290 3800.79 Visa 2391.92 New Truck/Utility Shell 188.95 Field Supplies 503.14 Office Supplies 25.58 Business Meeting Expense 411.20 Conference Expense 280.00 Recruitment Advertisement 7291 244.55 West Group Payment Center Law Library Updates& On-line Service 7292 119.67 Wheelworks Tires 7293 929.00 Whitmore, Johnson & Bolanos Legal Services 7294 300.00 Roberta Wolfe Recording Services 7295 42.25 Wolf Camera Photography Services 7296R 4,000.00 Kevin Emery Builder Enterprise Rental Repair Contractor Page 2 Claims No. 99-17 Meeting 99-24 Date: September 22, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7297R 175.00 City of Half Moon Bay Meeting Facility Rental 7298R 109.05 Kathleen Hart Reimb.—Business Meeting Expense 7299R 193.65 Phil Hearin Reimb.—Printer for Office 7300R 150.00 La Honda-Pescadero School District Meeting Facility Rental 7301 R 103.58 MCI Long Distance Telephone Service 7302R 7,036.00 Taylor Roofing Company Ranger Residence-Roofing Contractor 7303R 79.28 Petty Cash Office Supplies, Local Business Meeting Expense, Nature Center Supplies and Copies *1 Urgent Check Issued September 14, 1999 *2 Urgent Check Issued September 10, 1999 *3 Urgent Check Issued September 14, 1999 *4 Urgent Check Issued September 16, 1999 *5 Urgent Check Issued September 14, 1999 *6 Urgent Check Issued September 9, 1999 In the event agenda item#3 is not approved, this claim will not be processed. Total 1,030,108.36 Page 3 Regional Openoace A- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE- PREPARED BY STAFF FOR BOARD CONSIDERATION Robert Zatkin 140 Springdale Way Redwood City, CA 94062 Re: Problems with dogs at Pulgas Ridge Open Space Preserve Dear Mr. Zatkin: Thank you for your letter of September 22 regarding your adverse experiences with dogs at Pulgas Ridge Open Space Preserve. The Board reviewed your letter at its regular meeting last night. We appreciate your effort to inform us of your experiences. While the District has gradually expanded opportunities for access to people with dogs, we have been careful to convey to the public that access depends on reasonable compliance with the rules. We have passed this report of poor compliance on to the Foothills ranger staff responsible for patrol of the preserve, and to the Peninsula Access for Dogs group that has agreed to help the District with compliance. We hope that this helps to improve compliance with the rules by people who visit the preserve with their dogs. We will continue to monitor compliance using staff and volunteer trail patrol, and will use this information, in combination with reports from individuals such as yourself, to determine whether our access policies for dogs are working adequately. Again, thank you for writing. Sincerely, Jed Cyr, President Board of Directors JC/RA cc: MROSD Board of Directors 330 Distel Circle , Los Altos, CA 94022-1404 * Phone: 650-09 1-1200 4"; I FAX:0,50-691-0485 * E-mail: mrosdCa'openspace.org * Web site:www.openspace.org Ho,irdw Direcfor,:Pete Siemens. Mary C. fltvev,led(:vr,Deane Mille, N(wette Kinko,Bet,,y Crowier, Kenneth Nitz L Craig 13611(w Robert Zatkin 140 Springdale Way- Redwood City, CA 94062 telephone: (650) 369-6462 - rzatkin@att.net September 22, 1999 Members of the Board Mid-Peninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Members of the Board: During the past six months I have visited the Pulgas Ridge Open Space Preserve (Preserve) many times in an effort to better understand the local geology. Several days ago I entered the Preserve along the Blue Oaks Trail from Edmonds Road. At the beginning of the trail I encountered an individual and his dog leaving the Preserve with the dog off-leash. The owner of the dog made no attempt to leash, restrain or control the dog. Within one-half hour I encountered a couple entering the Preserve with a dog on- leash on the same trail. The dog was let off leash several hundred yards into the Preserve, noted my presence and became very 'alert' and fixed on me. This type of behavior by a dog makes me nervous. The owners of the dog observed me, their dog's response to me, yet made no attempt to leash, restrain or control the dog. On other occasions I have visited the Preserve and observed dogs off-leash outside the no-leash area. Following one of these observations I contacted MPROSD staff and related my observations. It ism understanding that the Pulgas Ridge Preserve is open to dogs off-leash in the no- leash area as defined on the Preserve map, and delineated by fencing and signs in the Preserve. Clearly some dog owners do not take seriously the reasonable constraints placed on them in order to have the uncommon opportunity to unleash their dogs in a public open space preserve. That I continue to observe and encounter dogs off-leash and the owners make no attempt to leash, restrain or control their dogs is indicative of a problem that your Board should address. My concerns about dogs off-leash in the Preserve are, in ranked order: 1. Aggressive dogs that may attack people in the mistaken notion that they are a threat to themselves or their owners. 2. Dog feces on trails in the Preserve. I have observed same on the Polly Gerasci trail. 3. Dog's chasing wildlife. When MPROSD was considering expanding the extent of hiking trails available dog owners and their dogs in the Windy Hill Preserve I wrote your Board a letter opposing the expansion. As I recall my reasons for opposing the expansion included some of the aforementioned concerns about allowing dogs off-leash in the Pulgas Ridge Preserve. Whereas my concerns about the Windy Hill Preserve were conjectural, my concerns about the Pulgas Ridge Preserve are experiential. S E P 1_2 3 Finally, discussion with MPROSD staff has indicated that the advocates of an off-leash area for dogs in the Preserve committed to some type of policing and enforcement effort as an attempt to prevent the very type of scofflaw activity that I have witnessed. During my many visits to the Preserve I have yet to observe any individual informing dog owners of the constraints imposed by the MPROSD in allowing dogs off-leash in the Preserve. Perhaps three fundamental question of the subject issue need to be re-evaluated by your Board: • Do dogs have a place in preserves of the MPROSD? • What constraints must be imposed on dog owners to control their dogs in preserves? • Failing the adhering to the constraints to control, what is the appropriate course of action by the MPROSD? Thank you for your consideration of my concerns. Sincerely, Robert Zatkin n - R-99-137 MIDPENINSULA REC,IONAL OPEN SPA(L DPl TRK I Meeting 99-25 October 13, 1999 AGENDA ITEM 1 AGENDA ITEM Consideration of Exercise of the District's Right of First Refusal to Acquire the 20-acre Property Owned by Robert Slobe adjacent to Windy Hill Open Space Preserve; Approval of Final Boundary Survey and Parcel Reconfiguration of said 20-acre Parcel; Approval of Private Driveway Maintenance Agreement; Approval of Private Emergency Road Easement and Exchange Agreement; Tentative Adoption of a Use and gement Plan Amendment for a Minor Trail Realignment on the Preserve; and Det ' tion that the Recommended Actions are Exempt from the California Environmental Quality A GENERAL MANAGER'S RECOIL N-DA 1. Instruct the General Manager to decline to exercise the District's Right of First Refusal to acquire the 20-acre parcel owned by Robert Slobe. 2. Determine that the recommended actions outlined in this report are categorically exempt from the California Environmental Quality Act(CEQA). 3. Adopt the attached resolution authorizing and approving the following items: a) Approve the boundary survey for the 20-acre parcel retained by Mr. Slobe. b) Authorize the President of the Board or other appropriate officer to accept a Grant Deed from Mr. Slobe and concurrently execute a Grant Deed to Mr. Slobe to complete the boundary reconfiguration for the retained Slobe property. c) Approve and authorize the President of the Board or other appropriate officer to execute the Private Driveway Maintenance Agreement with Mr. Slobe for the access driveway from Portola Road to the 20-acre property. 4. Adopt the attached resolution approving and authorizing the President of the Board or appropriate officer to execute the Private Emergency Road Easement and Exchange Agreement with Mr. Slobe and Northern California Presbyterian Homes& Services, Inc. (The Sequoias), for an emergency road from the driveway through the Sequoias to Willowbrook Drive, and authorize the President of the Board or other appropriate officer to accept a Grant of Open Space Easement protecting the Hamm's Gulch and Corte Madera Creek corridors that pass through the 20-acre Slobe property. 5. Tentatively adopt the Use and Management Plan recommendation to realign approximately 300 feet of trail as it enters Windy Hill Open Space Preserve from a Town trail on The Sequoias property, in conjunction with realignment of the Town's trail on The Sequoias property. BACKGROUND At your July 8, 1987 meeting, the District's Board of Directors conceptually approved the acquisition of a 429-acre addition to Windy Hill Open Space Preserve(see report R-87-106 dated July 2, 1987, and report R-87-109 dated July 8, 1987) contingent upon three conditions: 1 3U Di t(d (.it le - I_(n Alto �, ( A 1)4022 1404 Pho n(3 : I 1200 I AV 050-691-048) t-mail: mr(>st1Cr( per'tsl)ac(..cx; Wel)site:�t lv.(al>('nsl)ac( .(7rg _.. ....... ._ _._.. _ _. .... ......._. R ,=0<'1 t h,,tut, Pei(,"wnl(n" ''Aln,{ . I),Iv ev,J d( v I)t"inc,I ilfl(" ',('Vito F I'inkn, 1(m(V1 Kewlegh i tiit/ n wnr1,1l ti9.��t.r�rr I ( �.0,lin1t,I R-99-137 Page 2 1. Mr. Slobe(the seller) complete his acquisition of the 449-acre property from its former owner. 2. The Town of Portola Valley approve the subdivision of the 449-acre property into two parcels: a 429-acre parcel and a 20-acre parcel to be retained by Mr. Slobe for development as a single family home site. 3. The Town of Portola Valley approve the construction of a 50-car parking lot adjacent to Portola Road for public access to Windy Hill Open Space Preserve. Key elements of the District's acquisition of the 429-acre property from Mr. Slobe included the following: 1. The District retained a Right of First Refusal on the 20-acre parcel, should it ever be sold. 2. Mr. Slobe would be responsible for the subdivision of the property into the two sites, including all surveying costs. 3. The 20-acre parcel would have access along the existing driveway from Portola Road, and driveway use would be shared with the District. The driveway easement was granted as a floating easement, until such time as a geologically stable access road alignment could be determined. 4. Either the District or the owner of the 20-acre parcel would be able to replace the Portola Road access with a driveway from Alpine Road, with the requesting party to pay the cost. 5. The District would have the right to use any extension of the driveway on the preserve to connect to any realigned road the District might construct to patrol and maintain the property or for public trail use. DISCUSSION In August 1987, the Portola Valley Planning Commission and Town Council approved the tentative map for the subdivision of the two parcels, subject to a series of conditions. The conditions include: 1. That a determination be made regarding the water source to serve the 20-acre parcel prior to recording of the final map. 2. Engineering studies be performed to establish that a geologically stable driveway and building site are available. 3. Dedication of a 20-foot trail easement along the frontage of Alpine Road to connect with the "Eagle Trail." 4. Final parcel map accurately shows the acreage of the retained parcel as 20 acres, and the lands obtained by the District as 429 acres. 5. An easement be recorded for access to the parcel from Portola Road, including underground utilities. More recently,Mr. Slobe entered into a purchase agreement to sell the 20-acre parcel to Dirk and R-99-137 Page 3 Charlene Kabcenell. In order for Mr. Slobe to complete his transaction with the Kabcenells, he must first finalize the conditions requested by the Kabcenells in the purchase agreement including the tentative subdivision of the two parcels are the other conditions imposed by the Town. Mr. Slobe and the Kabcenells have requested that the Board make the following determinations so that the sale to the Kabcenells can be completed, which are recommended by staff: l. Decline to exercise the District's Right of First Refusal. 2. Approve the Boundary survey and Grant Deeds to complete the reconfiguration of the retained 20-acre Slobe property. 3. Approve the Private Driveway Maintenance Agreement from Portola Road. 4. Approve the Emergency Road Easement and Exchange Agreement which includes a Grant of Open Space Easement to the District. Due to the complexity of this transaction, each item will be discussed separately below: Right of First Refusal As part of the original Purchase and Sale Agreement of the 429-acre Slobe property, the 20-acre property retained by Mr. Slobe is subject to a 21-day Right of First Refusal. The terms of the Right of First Refusal enable the District to match the sale price for the parcel, once an offer has been received and accepted by the seller. Mr. Slobe listed the property for sale several years ago. In 1996, the District declined to exercise its Right of First Refusal involving a different prospective buyer due to the substantial purchase price. However, that transaction was terminated by the prospective buyers and the property was re-advertised for sale. In 1998, the Kabcenells entered into a contract with Mr. Slobe to purchase the property for$3.25 million. In November 1998, and again in May 1999, the District waived its Right of First Refusal due to the high cost of the property. Under the terms of the Right of First Refusal, the District may reconsider its decision to purchase the property at a price matching that of the prospective buyer if six months has passed, and/or if the terms or conditions of the sale change prior to close of escrow. The District received a written notice of an Addendum to the Real Estate Purchase Contract between Mr. Slobe and the Kabcenells on September 27, 1999. Under the current transaction terms, the purchase price has been reduced by$47,500 to a price of$3,202,500. Mr. Slobe and the Kabcenells have stated that this price reduction is due to the inability to find a suitable well site on the property, and reflects participation in the costs of bringing domestic water to the property via the driveway easement from Portola Road. The driveway easement contains a provision to include underground utilities. Given the high cost of the property, staff does not feel this reduction in price is significant enough to warrant a change in the District's decision to decline to exercise its Right of First Refusal. Boundary Survey The tentative subdivision map approved in 1987 indicated the parcel retained by Mr. Slobe was 23 acres in size, with an agreement that the final subdivision map would reflect a retained parcel of 20 acres in size. A survey has been prepared which reduces the parcel size to 20 acres and R-99-137 Page 4 provides for a legal description. Staff has reviewed the boundaries of the 20-acre parcel on-site and is satisfied with the configuration. Based upon the survey the retained parcel is 20.01 acres in size. To achieve the desired 20-acre parcel, the District has agreed to take title to the entire existing 23-acre parcel, and concurrently, grant back to Mr. Slobe the 20.01-acre survey parcel, thus completing the reconfiguration of the parcel to 20 acres as shown by the boundary survey. The District Grant Deed includes a restriction limiting the 20-acre parcel to a single residential site, and a Right of First Refusal should the property be offered for sale in the future. These restriction rights were an original part of the District's acquisition of the adjoining 429-acre property, and would continue in effect on the retained 20-acre parcel. Driveway Easement As part of the District's purchase of the 429-acre property, Mr. Slobe retained an easement for an access driveway to serve the retained 20-acre parcel. The access driveway is generally described in the Grant Deed as following the existing roadway from Portola Road with provisions that the driveway could be extended to the boundary of the parcel. The driveway is further defined as having a maximum width of 25 feet, with the actual width to be determined by survey in consultation with the District as part of the site and design approval process for the 20-acre parcel. Over the years, various workshops and field trips have been held with Town representatives and District staff to review the proposed driveway location. At their meeting of July 21, 1999, the Town of Portola Valley Planning Commission approved the Site Development Permit application to construct the driveway from Portola Road to serve the parcel. The driveway plans approved by the Town will be available for your review at your meeting this evening. The driveway enters the preserve at the existing entry on Portola Road(see attached map). The first 660 feet of driveway follows the existing patrol road, and will be a shared easement with Spring Ridge, LLC. The driveway then follows the existing Spring Ridge Trail alignment and patrol road behind The Sequoias retirement community for a distance of approximately 3,175 feet. New construction is required to complete the driveway to the boundary of the 20-acre parcel, an additional distance of approximately 825 feet. The entire 4,660 foot length of the roadway will be improved with drainage features and baserock surfacing. The easement includes the rights to underground utilities. The actual driveway located on the preserve will be 16 feet wide, consisting of a 12-foot wide roadway with a two foot shoulder on each side. The Town Fire Marshall requires turnouts in a single lane road such as this to allow for vehicles to pass one another. The turnouts are situated approximately 350 feet apart and are about 80 feet long, including tapers. The construction will require 1,760 cubic yards of cut and 2,770 cubic yards of fill on the preserve. The District retains the right to utilize this driveway on the preserve for trail, patrol, and maintenance purposes. Although the driveway easement described in the purchase agreement limits the driveway width to R-99-137 Page 5 a maximum of 25 feet, the drainage features, cut banks, and fill slopes necessary to construct the road will exceed the 25-foot width in some areas. Staff has tried to limit the impact of the road construction on the preserve where possible, and will be on-site during construction to ensure that the roadway is built according to plans and does not unnecessarily disturb adjacent open space land. Private Driveway Maintenance Agreement The purchase agreement with Mr. Slobe also contemplated that a Road Maintenance Agreement would be negotiated. The District's Policies for Road Maintenance Agreements, adopted June 23, 1982, outlines the general standards to which District roads are to be maintained. Where the other parry to a road maintenance agreement requires a higher standard than that identified in the policies as a"minimum rural standard necessary for District use", the additional cost shall be the responsibility of the other party. The proposed driveway would be built to a higher standard than exists currently and Mr. Slobe has agreed to pay such additional construction costs. Areas of the roadway subject to joint maintenance obligations have been divided two-thirds to Mr. Slobe or his successors and one-third to the District. Emergency Access Road and Exchange Agreement A geological consultant for Mr. Slobe conducted extensive geological investigations to ensure that the stability of the driveway alignment meets the requirements of the Town geologist prior to the Town's issuance of a Site Development Permit for the driveway. A dormant landslide was determined to be a threat to the stability of the driveway during the geological investigation along the section of existing roadway located between The Sequoias Retirement Community and the drainage area that feeds Sausal Pond. Approval of Mr. Slobe's Site Development Permit required either stabilization of the landslide or an emergency access road. Repair of the slide was not an option for Mr. Slobe, due to the cost and the extensive work required beyond the limits of the easement. Instead,Mr. Slobe and the District negotiated an agreement with The Sequoias to utilize the private road system within the adjacent retirement community to bypass the slide area on an emergency basis. In order to complete the bypass,Mr. Slobe requires an additional emergency road easement from the District, where the emergency road crosses the preserve to join the existing driveway location on The Sequoia's property. The District will also receive easement rights for emergency access to the road system through the Sequoias to Willowbrook Drive for patrol and maintenance access when the driveway is impassable. An additional 280 feet of new road construction is required on the preserve for the emergency driveway alignment. All costs associated with construction of this easement and future maintenance are the responsibility of Mr. Slobe. The emergency access easement was not contemplated at the time of the original transaction with Mr. Slobe. This portion of the preserve is now dedicated open space. Any exchange of property rights affecting dedicated land, including granting an easement requires a unanimous vote of the Board of Directors. In compliance with Section 5540.5 of the Public Resources Code, the District is requiring an exchange of land rights of at least equal value in order to grant this R-99-137 Page 6 easement. The District has requested a 50-foot wide open space easement along the southwestern boundary and the southeastern boundary of the 20-acre parcel(see attached map). The open space easement protects the riparian corridors of Corte Madera Creek and Hamm's Gulch as they cross the 20-acre parcel. The open space easement covers approximately two acres, as compared to the emergency access easement which involves approximately one quarter of an acre. The exchange of easements is considered of equal value and necessary for open space purposes in accordance with Section 5540.5 of the Public Resources Code. There is a separate resolution attached for this exchange of rights as the Board is requested to make a finding that this exchange is of equal value and is necessary for District purposes. Trail Realignment During the discussions between The Sequoias and Mr. Slobe regarding the emergency access easement, The Sequoias indicated they would like to realign the Town trail along the perimeter of their southern boundary. Realignment of the trail is not a condition of their granting the emergency road alignment. The existing Town trail is located on The Sequoias property and currently follows the fence line common to The Sequoias and the preserve, coming within close proximity of The Sequoia's private picnic area. In order to reduce the potential for trespass into the picnic area by trail users, The Sequoias has requested that the Town trail enter the preserve at a point east of its present entry. Approximately 300 feet of new trail construction on the preserve will be necessary to complete the realigned trail. The prospective buyer of the Slobe parcel has agreed to post a$5,000 bond to cover the cost of realigning the trail should it not be completed by July 31, 1999. The Town Council discussed the concept of abandoning their existing trail easement on The Sequoias property, but has not taken formal action. The issue is scheduled for the Town Council's consideration at their October 13, 1999, meeting. If the Town Council approves realignment of their trail on The Sequoias property,District staff is agreeable to realigning the portion of the trail which would be affected on the preserve. The realignment would be at no cost to the District, and would be coordinated by the buyers of the Slobe parcel. The trail would be constructed to District standards. Since this issue will require a Use and Management Plan amendment, which is a two-part approval process, you may take tentative action at this time. Final action on the trail realignment will return to you after the Town Council's action on relocating the portion of the Town trail on The Sequoias property. CEQA COMPLIANCE Although not recommended by staff, if you decide to exercise the Right of First Refusal, you will need to make the CEQA determination outlined in item "A" below. If you do not exercise the Right of First Refusal, you will need to make the CEQA determination outlined in item "B" below. A. Project Description Page 7 R-99-137 This project consists of the acquisition of a 20-acre parcel as an addition to Windy Hill Open Space Preserve. There are no improvements on the property. The land will be permanently preserved as open space and will be maintained in a natural condition. It will be opened to the public for low-intensity recreation. Project Determination Under CEOA The District concludes this project will not have a significant effect on the environment. It is categorically exempt under sections 15316, 15317, and 15325 of the California Environmental Quality Act Guidelines. 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 property will be maintained in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interests and will maintain the property as open space. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space. B. Project Description In 1987, the Town of Portola Valley served as lead agency in making a CEQA determination on the tentative subdivision of the Slobe property. A negative declaration was filed on that project. This project consists of the acceptance of a final boundary survey to delineate the 20.01 acre parcel retained by Mr. Slobe in the 1987 land acquisition transaction, final approval of an easement for driveway purposes to serve the 20.01 acre parcel, approval of an easement and agreement for emergency access purposes in exchange for a conservation easement over portions of the 20.01 acre parcel, a road maintenance agreement for the driveway, and realignment of an approximately 300-foot section of trail in the eastern portion of the preserve. 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 15301, 15303, 15304, and 15317. Section 15301 exempts the operation, repair, maintenance, or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing. The trail R-99-137 Page 8 realignment near the eastern boundary of the preserve is a relocation of an existing trail, with no proposed change in use. The area affected by the conservation easement will remain in its current condition. Section 15303 exempts the construction of single family residences including on and off site improvements. The driveway construction will serve the development of a single family residence on the 20-acre parcel, including the undergrounding of utilities with the easement alignment. Section 15304 exempts minor public or private alternations in the condition of land, water, and/or vegetation which do not involve removal of mature scenic trees except for forestry and agricultural purposes. The driveway easement allows for the undergrounding of utilities which will include minor trenching and backfilling where the surface is restored. Section 15317 exempts the acceptance of easement or fee interests in order to maintain the open space character of an area. The conservation easement along the southeastern and southwestern boundary of the retained 20-acre parcel will maintain the open space character of the area. PUBLIC NOTIFICATION A copy of the agenda has been mailed to owners of property adjacent to the preserve. Prepared by: Mary de Beauvieres, Senior Planner Michael Williams,Real Property Representative Duncan Simmons, Research Attorney Contact person: Michael Williams,Real Property Representative RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A BOUNDARY SURVEY, AUTHORIZING OFFICER TO EXECUTE A CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE A GRANT DEED FOR THE REAL PROPERTY RIGHTS BEING RECONFIGURED TO COMPLETE THE BOUNDARY REALIGNMENT OF PARCELS, AUTHORIZING OFFICER TO EXECUTE PRIVATE DRIVEWAY MAINTENANCE AGREEMENT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (WINDY HILL OPEN SPACE PRESERVE - LANDS OF SLOBE) The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the final boundary survey of the 20-acre parcel retained by Robert J. Slobe adjacent to the Windy Hill Open Space Preserve. 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 for acceptance of a Grant Deed granting the District title to the 23-acre Slobe parcel. Section Three. The President of the Board of Directors or other appropriate officer is further authorized to execute a Grant Deed, Declaration of Restrictions and Right of First Refusal reconveying title to the 20-acre parcel returned to Mr. Slobe, completing the reconfiguration of parcels as contemplated in that certain Purchase and Sale Agreement dated July 27, 1987, as approved by Resolution 87-25 of the Board of Directors. Section Four. The President of the Board of Directors or other appropriate officer is authorized to execute a Private Driveway Maintenance Agreement with Robert J. Slobe for the access driveway from Portola Road to the retained parcel. Section Five. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager and Board President, in consultation with General Counsel, are further authorized to execute any and all other documents in escrow necessary or appropriate to the implementation or closing of any of the transactions approved in this Resolution. The General Manager and Board President are further authorized to approve any minor corrections or minor grammatical or technical changes to the attached Agreements and documents which do not involve any material change to any term of the Agreements or documents, which are necessary or appropriate to the closing or implementation of any of these transactions. Section Six, The Board of Directors finds that the granting and releasing of the real property interests is in accordance with that certain Purchase and Sale Agreement dated July 27, 1987, as approved by Resolution 87-25 of the Board of Directors. RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PRIVATE EMERGENCY ROAD EASEMENT AND EXCHANGE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANTS TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE A DEED FOR THE REAL PROPERTY RIGHTS BEING RELEASED, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (WINDY HILL OPEN SPACE PRESERVE - LANDS OF SLOBE) The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and accept that certain Private Emergency Road Easement and Exchange Agreement between Robert J. Slobe and Northern California Presbyterian Homes and Services (NCPH) and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer 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 for the emergency access easement across the property of NCPH. Section Three. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District for the open space easements over the riparian corridors of Corte Madera Creek and Hamm's Gulch as they cross the 20-acre retained Slobe parcel. Section Four. The President of the Board of Directors or other appropriate officer is authorized to execute the Deed granting the real property interests being conveyed therein by the District to connect the emergency access road to the District road system. Section Five. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager and Board President, in consultation with General Counsel, are further authorized to execute any and all other documents in escrow necessary or appropriate to the implementation or closing of any of the transactions approved in this Resolution. The General Manager and Board President are further authorized to approve any minor corrections or minor grammatical or technical changes to the attached Agreements and documents which do not involve any material change to any term of the Agreements or documents, which are necessary or appropriate to the closing or implementation of any of these transactions. Section Six, The Board of Directors finds that the granting and releasing of the real property interests is in accordance with the Basic Policy of the District and is not detrimental to the open space character of the Windy Hill Open Space Preserve. Section Seven, The Board of Directors finds and determines that, pursuant to Section 5540.5 of the Public Resources Code of the State of California, this exchange of rights and obligations is of equal value and is necessary for park and open space, or both purposes. WINE HILL OPEN SPACE 16ESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT y� ` PROPOSED DRIVEWAY (Portola Rd. Entry) ON - EXISTING DRIVEWAY 660 FT. �--© EASEMENT SHARED WITH SPRING RIDGE LLC - DRIVEWAY FOLLOWS 3175 FT. ©--© SPRING RIDGETRAIL ' ALIGNMENT - NEW CONSTRUCTION 825 FT. ©- ►QD � A PORTOLA VA ° tE, .� 4 /CE3 (Y05) ` THE SEQUOIAS 00 Sausal Porno13 A PROPOSED ACCESS ,1 EMERGENCY ROAD VTR ��'IL TO BED° i REIAL I G N E D e REALIGNED D .�-- PROPOSED ...._..... HOUSE f' .�� ' SITE -CONSERVATION �� EASE_(50'WIDE) ` Recorded at the Request of: Kent Mitchell, Attorney When Recorded, Mail to: Kent Mitchell MITCHELL & HERZOG 550 Hamilton Avenue, Ste 230 Palo Alto, CA 94301 A.P. Um.: 01(,-1q0 -070 C)'7b PRIVATE DRIVEWAY MAINTENANCE AGREEMENT This Private Driveway Maintenance Agreement (hereafter "Agreement") is made and entered into this day of 1999, by and between 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 "District") , and Robert J. Slobs, a married man contracting as to his sole and separate property (hereinafter "Slobe") . Recitals (i) District owns certain real property consisting of undeveloped land comprising 429 acres, more or less, located in the County of San Mateo, State of California, more particularly described in Exhibit "A", attached hereto, and made a part hereof by reference (hereinafter "District Property") . District acquired the "District Property" from Slobe. (ii) Slobe owns certain real property consisting of undeveloped land comprising approximately 20 acres, more or less, located in the County of San Mateo, State of California, more particularly described on Exhibit "B", attached hereto and made a part hereof by reference (hereinafter the "Slobe Property") . S-Z3\S189-001\6rYwyMai.A9tn (iii) When Slobe conveyed the District Property to District, he retained an easement for driveway purposes over the District Property (hereinafter the "Slobe Driveway Easement") and he granted to the District an easement to use the driveway on the Slobe Property, and to construct, use and maintain an access road from the District Property to said driveway (hereinafter the "District Access Easement") , both of said easements being more particularly described in that certain Grant Deed from Slobe, as Grantor, to District, as Grantee, recorded on August 14, 1987, under Series No. 87127001 in the Official Records of San Mateo County, California (hereinafter the "Slobe Deed") . (iv) The location of the Slobe Driveway Easement has been finalized (Exhibit "C" hereto, incorporated -herein by reference) and a Plan and Profile Drawing for the Proposed Improvements and Private Driveway to the Slobe Property (hereinafter the "Driveway Improvements") , dated September 28, 1999, has been prepared by Allied- Langdon Engineering (hereinafter the "Allied Plans") , has been approved by the District and Slobe, and a site development permit for its construction was approved and issued by the Town of Portola Valley on July 21, 1999 (hereinafter "Site Development Permit No. X9H-289) . The Allied Plans hereby are incorporated herein by reference. The Driveway Improvements include an entry gate not shown on the Allied Plans which will be designed and constructed, and which will restrict entry to the Driveway by electronic and other means, all as hereafter mutually agreed upon by the District and Slobe. (v) The District and Slobe, by this Agreement, desire to provide for the maintenance and repair of the Driveway Improvements which are the subject of Site Development Permit No. X9H-289 consistent with their previous agreements .concerning the same. NOW, THEREFORE, FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH HEREBY IS ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Percentage Obligations. The Percentage obligations of the District and Slobe, respectively, for the cost of maintenance and repair of the Driveway Improvements, as shown on the Allied Plans, shall be the following: S-Z2\S189-001\DrvwyNai.Agm 2 i section of Driveway Improvement District% Slobe % (a) From and including the entry one-third two-thirds gate at Station 0 through Station 32 as shown on the Allied Plans (b) From Station 32 through the 0% 100% end of the driveway inside the Slobe Property, as shown on the Allied Plan (c) For any driveway connection from 100% 0% the District Property to the Driveway Improvements on the Slobe Property 2. Minimum Driveway Maintenance Standards. The current surface condition of the Driveway Easement constitutes the minimum rural standard necessary for the District's use. Any paving or other upgrading of the surface condition thereof by Slobe, as set forth on the Allied Plans, is agreeable to the District, but is considered beyond that necessary for the District's use, and the District will not share in any costs in maintaining such upgraded improvements. "Required Maintenance, " for which costs will be shared as provided in paragraph 1 above, includes all costs necessary to maintain the stability and integrity of the Driveway Easement, excluding road surface upgrades beyond the minimum rural standard necessary for the District's use. Without limiting the generality of the foregoing, costs for the maintenance of drainage ditches, supporting structures, bridges, culverts and other improvements made by Slobe to protect the stability and integrity of the Driveway Easement roadway in its existing rural condition shall be shared by both parties as provided herein. Except as provided in paragraphs 8 and 9 below ("Indemnification") , District shall not be required to share in the cost of maintaining any upgraded surface improvements of the Driveway Easement exceeding the minimum rural standards thereof necessary for the District use, and the costs thereof shall be borne exclusively by Slobe. Any disputes regarding what is "Required Maintenance" or what "Required Maintenance" costs are to be paid for by which parties shall be submitted to a pre-arbitration, non-binding mediation before a S-22\S189-001\DrvwyMai.A9m 3 neutral mediator to be selected by both parties (or appointed by a judge of the Santa Clara County Superior Court if the parties cannot agree) and then submitted for binding arbitration under paragraph 18 below if not resolved by mediation. 3. Cost Sharing. The District and Slobe shall each contribute towards the payment of all costs of Required Maintenance in accordance with their respective Percentage Obligations therefor set forth in paragraph 1 hereof. 4. Maintenance Notice. When either the District or Slobe determines that all or any portion of .the Driveway Improvements needs Required Maintenance, such party shall give the other party written notice of such Required Maintenance, and indicate what such party believes to be the respective Percentage Obligations of each party for the total costs thereof. Such Maintenance Notice shall be dated and shall specify the nature and extent of the Required Maintenance and the portion or portions of the Driveway Improvements to be affected by the maintenance. 5. Repair Agreement. Within fifteen (15) business days following the date of giving (as defined in paragraph 13) of the Maintenance Notice, the parties hereto shall agree on (i) the nature and extent of the Required Maintenance to be done, and (ii) the proportionate share of the cost thereof which each party shall bear, and (iii) the identity of the party who will cause the Required Maintenance to be done. If the parties cannot agree on what Required Maintenance is necessary or upon any matter connected therewith, then at the election of either party, such party shall have the right either (i) to cause such Required Maintenance to be done and pay for the cost thereof without contribution from the other party, or (ii) submit the disputed matter(s) to arbitration in accordance with the provision concerning arbitration set forth below. If the disputed Required Maintenance is an emergency matter, then either party may go forward and cause such repairs to be done and determine later through arbitration any disputed matters with respect thereto and seek contribution from the other party in such arbitration. As used herein, repairs are an emergency matter if failure to do them sooner S-Z2\S189-001\DrvwyMai.A9m 4 than an arbitration decision can practicably be rendered is reasonably certain to cause an exacerbation of the damages to the Driveway Improvements, or is reasonably certain to render the Driveway Improvements unavailable or unsafe for passage or use. 6. Payments. Each party with an obligation to pay a share of the cost of any Required Maintenance shall deliver payment to the party who caused such maintenance to be done within thirty (30) business days following receipt from such party of a request for payment, which request shall be accompanied by reasonably sufficient supporting documentation to show that -the requested payment is due and payable to a supplier or contractor or other person performing the Required Maintenance. 7. Authority of Party Causing Maintenance to be Done. Each party authorized to cause Required Maintenance work to be done, together with the agents, contractors, representatives, and employees of such party, shall have the right to enter upon any and all portions of the Slobe Driveway Easement, the District Access Easement areas and adjacent property reasonably necessary in connection with the doing of such Required Maintenance work approved pursuant to this Agreement. Each such party shall have the right to do and/or to cause to be done each and every portion of the Required Maintenance approved pursuant to this Agreement, including the right to enter into agreements related to such maintenance work. 8. Damage Caused by Negligence or Misconduct. Notwithstanding anything to the contrary contained in this Agreement, if any Required Maintenance is required by reason of the negligence or willful misconduct of either party hereto (the "Damage-causing Party") , or any agent, representative, guest, invitee, relative, licensee, employee, contractor (or any other person whose presence on the Driveway Improvements was permitted by such party) ("Permitteell) , then the Damage-Causing Party (or the Party whose Permittee caused damage to the Driveway Improvements) , at his, her, or its sole cost and expense, shall promptly make any and all Required Repairs necessary to restore such Driveway Improvements to their condition immediately preceding such damage. Notwithstanding the foregoing, S-Z2\S189-001\DrvwyNai.A9m 5 "Permittee" shall not be deemed to be and shall not include any person or entity doing, or connected with the doing of, any Required Maintenance, and the cost for correcting any damage caused by any such person or entity shall, if not paid for by the person or entity causing such damage, be considered a Required Maintenance cost and shall be borne by the parties hereto as provided herein. 9. Indemnification. Each party (the "Indemnifying Party") shall indemnify, protect, defend, and hold harmless the other party (the "Indemnified Party") and the heirs, personal representatives, successors, and assigns of the Indemnified Party from any claims, demands, actions, causes of action, loss, damage, liability, or costs whatsoever, including but not limited to reasonable attorneys' fees and court costs (collectively, "Losses") which may be incurred by the Indemnified Party as a result of the negligent use or intentional misuse of Driveway Improvements by the Indemnifying Party or its Permittee, except to the extent that such losses are caused by the negligence or misconduct of the Indemnified Party. 10. Term. The covenants and obligations set forth in this Agreement shall be perpetual and shall continue in full force and effect from the date of recordation hereof. 11. Covenants Run with Land. All of the provisions, agreements, rights, powers, covenants, conditions and obligations contained in this Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective heirs, successors, assigns, devisees, administrators and representatives, and all other persons acquiring all or any portion of either the District Property or the Slobe Property. All of the provisions of this Agreement shall be covenants running with the land pursuant to any and all applicable laws, including, but not limited to, Section 1462 and 1468 of the Civil Code of the State of California. Each covenant to do or to refrain from doing some act on the Driveway Improvements (i) is for the benefit of each party hereto, respectively, to the extent such act affects that portion of the Driveway Improvements which a Party has a right to use or for which a Party has a financial responsibility under this Agreement, (ii) runs with both the District Property and the S-Z2\S189-001\DrvwyMai.A9m 6 Slobe Property, and (iii) shall benefit or be binding upon successive owners of all or any portion of either the District Property the Slobe Property. 12. Transfer of Ownership. The rights and obligations conferred or imposed upon the parties hereto pursuant to this Agreement shall not be transferred or assigned to any other person or entity except together with the sale or assignment of a party's respective Property subject to this Agreement. Any party hereto transferring his, her, or its interest in such Property shall be released from all further obligations of this Agreement arising .on or after the effective date of the sale, conveyance or transfer. Nothing contained in this paragraph shall be construed to release any party hereto from obligations accruing prior to the date of the transfer or assignment. 13. Notice. All notices required or permitted by this Agreement shall be given in writing, and served by personal delivery by United States mail, by personal delivery service, or by facsimile transmission with written confirmation of sending and receipt. Notices by personal delivery shall be deemed given when received. Notices by facsimile shall be deemed given the first regular business day following facsimile transmission. Notices by United States mail shall be deemed given the second business day following mailing. Notices shall be faxed to the facsimile numbers, or addressed to the addresses set forth after each signature below, but any party may change his or her facsimile number or mailing address by giving written notice thereof to the parties in accordance with the provisions of this Paragraph. 14. Negation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between any of the parties hereto, nor shall this Agreement cause the parties hereto to be considered or deemed to be joint venturers or members of any joint enterprise. This Agreement is not intended, nor shall it be construed, to create any third-party beneficiary rights in or for the benefit of any person who is not a party hereto, except as otherwise expressly provided to the contrary in this Agreement. S-22\S189-001\DrvwyMai.Agin 7 10 15. Termination and Amendment. This Agreement may be terminated, changed, modified or amended, in whole or in part, only by a written and recorded instrument executed by all of the then Owners of record of the District Property and Slobe Property. 16- Approvals. Unless otherwise herein provided, whenever approval is required by any party hereto, such approval shall not be unreasonably withheld or delayed. Unless provision is made for any specific time period, any approval required or permitted hereby shall be deemed given within thirty (30) days of the receipt of the request for approval, and if a party shall neither approve nor disapprove within such thirty (30) day period, such party shall be deemed to have given its approval. If a* party refuses to give any requested approval, the reasons for such refusal shall be stated in writing to the requesting party, within such thirty (30) day period. , 17. Severability. The invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person by judgment or court order, shall in no way affect any of the other provisions hereof, or the application thereof to any other person, and the same shall remain in full force and effect to the maximum extent possible. 18. Arbitration. Any dispute or claim in law or equity arising out of this Agreement or any resulting transaction, including, without limitation, any dispute or claim concerning (i) the meaning of this Agreement or (ii) the cost, liability for, timing and extent of any Required Maintenance on the Driveway Improvements, shall be decided in the City of Palo Alto, County of Santa Clara, California by neutral binding and non-appealable arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall have the right to discovery in accordance with California Code of Civil Procedure Section 1283.05. 19. Attorneys' Fees. If any parties hereto shall bring any arbitration proceeding or any action or legal proceeding for an alleged breach of any provision of this Agreement or to enforce, protect or establish any term or covenant of this Agreement, the S-22\S189-001\DrvwyHai.Agm 8 prevailing party(ies) shall be entitled to recover as a part of such action or proceeding, or in a separate action brought for that purpose, reasonable attorneys' fees, arbitration costs, court costs, and expert fees as may be fixed by the arbitrators or the court. "Prevailing party" as used in this Paragraph includes a party who dismisses an action for recovery hereunder in exchange for sums allegedly due, performance of covenants allegedly breached or considerations substantially equal to the relief sought in the action. 20. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. 21. Abrogation of Existing Rights. To the extent that the provisions of this Agreement are in addition, to or expressly contrary to the provisions of other agreements and easements between the parties hereto, the provisions of this Agreement shall be controlling. In all other respects, the provisions of said other agreements and easements shall continue in full force and effect and shall not be abrogated or modified by the provisions of this Agreement. 22. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 23. 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. 24. Miscellaneous. A. Exhibits: Entire Agreement. All exhibits attached hereto are incorporated by this reference as if fully set forth herein. This Agreement, the exhibits and attachments hereto, constitute the entire agreement among the parties hereto relative to the maintenance and repair of the Driveway Improvements. B. Condition Precedent. The obligations of the parties hereto with regard to the maintenance and repair of the Driveway Improvements are contingent on such Driveway Improvements being constructed substantially in conformity with the Allied Plans. S-Z2\S189-001\DrvwyMai.A9m 9 C. Initial Construction of Driveway Improvements. Except for the cost of constructing the District's driveway connection described in paragraph 1(c) above, for which the District shall pay all costs of initial construction, the District shall. have no obligation to pay for any of the costs of initial construction of the remaining Driveway Improvements. In addition, nothing herein contained shall be construed to require any party hereto to construct any of the Driveway Improvements. However, if Slobe or his successors undertakes the construction of such remaining Driveway Improvements, and any associated improvements, e.g. .the entry gate, the person causing the same to be constructed shall pay all costs incurred thereby. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date and year first above written. "District" XIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Its Address: 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager Paz: 650-691-0485 Tel: 6SO-691-1200 With a copy to: Duncan Simmons 330 Distel Circle Los Altos, CA 94022 Fax: 6SO-691-0485 Tel: 6SO-691-1200 "Slobs" ROBERT J. )M69Z Address: 400 Slobs Avenue Sacramento, CA 958I5 Fax: 916-925-2307 Tel: 916-925-2721 With a copy to: Kent Mitchell XITCHELL & HERZOG 550 Hamilton Ave. ,#230 Palo Alto, CA 94301 Fax: 6SO-327-7994 Tel: 6SO-327-7476 S-22\S189-001\DrvwyMai.Agm 10 "DISTRICT" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Approved as to Form: By: Date: Susan M. Schectman General Counsel Recommended for Approval: By: Date: L. Craig Britton General Manager Approved and Accepted: By: Date: Jed Cyr President, Board of Directors Attest: By: Date: Peggy Coats District Clerk 11 EXHIBIT "A" DISTRICT PROPERTY The land referred to In this Report Is situated In the State of California,County of San Mateo and is described as follows: Town of Portola Valley Parcel 1 , as shown on that certain Parcel Map entitled Parcel Map , being a division of land described in Deed recorded in Book 4416 . Official Records , Page 452 , filed January 27 , 1981 , in Book 50 of Parcel Maps, Pages 79 through 84 , San Mateo County Records . EXCLUDING THEREFROM THAT PORTION OF PARCEL 1 , as shown on that certain map entitled "PARCEL MAP OF CORTE MADERA" , which map was filed in the office of the Recorder of the County of San Mateo, State of California, on January 27,1981 in Book 50 of Parcel Maps at pages 79 through 84, more particularly described as follows; BEGINNING at a point in the general Southerly boundary line of said Parcel 1 , said point being the Southerly terminus of course No. 174, which course has a bearing of South 27' 05' 40" West and a distance of 124.25 feet; thence from said Point of Beginning along the gereral Southerly boundary line of said Parcel 1, South 420 11' 40" West 96.49; thence South 190 OP' 40" West 76.00 feet; thence South 390 28' 40" West 83.93 feet; thenceSouth 51' 05' 40" West 37.67 feet; thence North 1'70 36' 20" West 168.53 feet; thence North 000 53' 40" East 128.21 feet; thence North 81'12' 41" West 173.62 feet; thence South 86" 17' 19" West 122.52feet; thence North 660 27' 41" West 153.31 feet; thence North 850 12' 41" West 90.41 feet; thence North 320 57' 41" West 183.45 feet; thence North 840 27' 41" West 152.00 feet; thence South 870 02' 19" West 109.04 feet; thence leaving said Southerly boundary line, North 1 0 00' 00" East 659.39 feet; thence South 750 38' 16" East 509.27 feet; thence North 200 25' 32" East 415.31 feet; thence South 550 53' 14" East 688.49 feet; thence South 370 14' 04" West 720.28 feet; thence South 500 00' 00" East 420.00 feet to the Point of Beginning. A.P.N. 076-340—ft C),7C) EXHIBIT 11B 11 SLOBE PROPERTY That certain real property lying and situate in the Town of Portola Valley, County of San Mateo, State of California, more particularly described as follows: PORTION OF PARCEL 1 , as shown on that certain map entitled "PARCEL MAP OF CORTE MADERA" , which map was filed in the office of the Recorder of the County of San Mateo, State of California, on January 27,1981 in Book 50 of Parcel Maps at pages 79 through 84, more particularly described as follows; BEGINNING at a point in the general Southerly boundary line of said Parcel 1 , said point being the Southerly terminus of course No. 174, which course has a bearing of South 270 05' 40" West and a distance of 124.25 feet; thence from said Point of Beginning along the gereral Southerly boundary line of said Parcel 1, South 420 11 ' 40" West 96.49; thence South 190 02' 40" West 76.00 feet; thence South 390 28' 40" West 83.93 feet; thenceSouth 51 0 05' 40" West 37.67 feet; thence North 170 36' 20" West 168.53 feet; thence North 000 53' 40" East 128.21 feet; thence North 81012' 41" West 173.62 feet; thence South 860 17' 19" West 122.52 feet; thence North 660 27' 41" West 153.31 feet; thence North 850 12' 41" West 90.41 feet; thence North 320 57' 41" West 183.45 feet; thence North 840 27' 41" West 152.00 feet; thence South 870 02' 19" West 109.04 feet; thence leaving said Southerly boundary line, North 1 0 00' 00" East 659.39 feet; thence South 750 38' 16" East 509.27 feet; thence North 200 25' 32" East 415.31 feet; thence South 550 53' 14" East 688.49 feet; thence South 370 14' 04" West 720.28 feet; thence South 500 00' 00" East 420.00 feet to the Point of Beginning. containing 20.01 Ac+ A.P.N. 076 - 3q0- oRo PAGE 1 — EXHIBIT Private Driveway Easement over Open Space .All that certain real property situate in the Town of Portola Valley, County of San Mateo, State of California, described as follows: A strip of land the uniform width of twenty five (25.00) feet, the centerline of which is described as follows: Commencing at a point in the Easterly line of Parcel 1 as shown on that certain parcel map filed January 27, 1981 in the office of the Recorder of San Mateo County in Book 50 of Parcel Maps, at page 79, said point being the Southerly terminus of"Course 139" on the Southwesterly Right of Way line of Portola Road, an eighty(80.00) foot wide road, as shown on said parcel map and said point also being on the arc of a 600.00 foot radius curve to the Right as shown on said parcel map, the tangent of which bears North 35057'25" West; thence along said Right of Way line, the following two (2) courses: (1) along "Course 139"and along the arc of said curve through a central angle of 09°50'25" the chord of which bears North 31°02'12" West 102.92 feet to the Southerly terminus of "Course 140" as shown on said parcel map; and (2) along "Course 140"North 26°07'00" West 130.84 feet to the True Point Of Beginning for the herein described centerline; thence from said TRUE POINT OF BEGINNING, leaving said"Course 140"and leaving said Right of Way line, along the herein described centerline, the following thirty eight (38) courses: (1) South 42°39'59"West 676.36 feet; (2) South 47°50'31"East 11.41 feet to a 100.00 foot radius curve to the Right; (3) along the arc of said curve through a central angle of21°32'33" the chord of bears South 37°04'14"East 37.38 feet; (4) South 26017'58"East 136.20 feet to a 500.00 foot radius curve to the Left; (5) along the arc of said curve through a central angle of 03°05'06"the chord-of bears South 27°50'31"East 26.92 feet; (6) South 29023'04"East 222.40 feet to a 500.00 foot radius curve to the Left; (7) along the arc of said curve through a central angle of 06002'45"the chord of bears South 32024'27"East 52.74 feet; (8) South 35025'49"East 105.84 feet to a 2000.00 foot radius curve to the Left; (9) along the arc of said curve through a central angle of 00046'36"the chord of bears South 35°49'07"East 27.11 feet; (10) South 36°12'25"East 169.73 feet to.a 400.00 foot radius curve to the Right; (11) along the are of said curve through a central angle of 23°12'47"the chord of bears South 24°36'02"East 160.95 feet; (12) South 12059'38"East 76.72 feet to a 200.00 foot radius curve to the Left; (13) along the arc of said curve through a central angle of 07'1641"the chord of bears South 16°37'59"East 25.39 feet; (14) South 20016'19"East 265.30 feet to a 200.00 foot radius curve to the Right; (15) along the arc of said curve through a central angle of 12050'18" the chord of bears South 13051'10"East 44.72 feet; (16) South 07026'01"East 56.76 feet to a 200.00 foot radius curve to the Left; (17) along the are of said curve through a central angle of 23°16'09" the chord of bears South 19004'06"East 80.67 feet; Continued on Page 2 PAGE 2 EXHIBIT "C" Private Driveway Easement over Open Space (Continued from Page 1) (18) South 30°42'10"East 46.26 feet to a 400.00 foot radius curve to the Right; (19) along the arc of said curve through a central angle of 27°41'50" the chord of bears South 16°51'l5"East 191.49 feet; (20) South 03000120"East 67.56 feet to a 150.00 foot radius curve to the Left; (21) along the are of said curve through a central angle of 42°23'56" the chord of bears South 240 12'18"East 108.48 feet; (22) South 45"24'16"East 47.98 feet to a 300.00 foot radius curve to the Right; (23) along the are of said curve through a central angle of 16°41'59"the chord of bears South 37003117"East 87.13 feet; (24) South 28042'17"East 34.05 feet to a 600.00 foot radius curve to the Right; (25) along the are of said curve through a central angle of 29041'28" the chord of bears South 13051133'East 307.46 feet; (26) South 00'59'11"West 42.21 feet to a 250.00,foot radius curve to the Left; (27) along the are of said curve through a central angle of 42°27'13" the chord of bears South 20014'26"East 181.03 feet; (28) South 41°28'02"East 91.72 feet to a 300.00 foot radius curve to the Right; (29) along the arc of said curve through a central angle of 10°26'15"the chord of bears South 36014'55"East 54.58 feet; (30) South 31'01'47"East 5 5.5 8 feet to an 8 5.00 foot radius curve to the Right; (3 1) along the arc of said curve through a central angle of 129008'11"the chord of bears South 33°32'19"West 153.53 feet; (32)North 81053136" West 123.19 feet to a 75.00 foot radius curve to the Left; (3 3) along the arc of said curve through a central angle of 126°21'24"the chord of bears South 34055'42" West 133.86 feet; (34) South 28°15'00"East 228.92 feet to a 150.00 foot radius curve to the Right; (35) along the arc of said curve through a central angle of 88018'41"the chord of bears South 15°54'20"West 208.98 feet; (36) South 60003'41" West 100.53 feet to a 150.00 foot radius curve to the Right; (37) along the arc of said curve through a central angle of 24°59'27"the chord of bears South 72033125"West 64.91 feet; and (38) South 85003'08"West 55.95 feet to the terminus for the herein described centerline, from which the Southerly terminus of"Course 174" on the Southerly line of aforementioned Parcel 1 bears, the following three (3) courses: (1) South 55053'14"East 190.06 feet; (2) South 37014'04"West 720.28 feet; and (3) South 50000'00"East 420.00 feet. AGE 3 - EXHIBIT EASTERLY LINE PARCEL 1 TRUE POB -.0 50 PM 79 n O c 001�01� NORTH R=600.00' A=09°50'25" CH=N 31002'12" W 102.92' 1 / R=100 �A A=92°21'14" s� / CH=N 8723'28" 144.30' SOUTHERLY TERMINUS OF "COURSE 139" C/L 25' PRIVATE / / PER 50 PM 79 DRIVEWAY EASEMENT / PER 87127001 �o S 4750'31" E EASTERLY UNE 11.41' PARCEL 1 50 PM 79 1 125 �n �� C/L 25' PRIVATE o� �G� 0 R=100.00' 21°32'33" DRIVEWAY EASEMENT � CH=S 3704'14 E 37.38' PER 87127001 5 c�� 2 R=500.00' A=03°05'06" CH=S 2750'31" E 26.92' 2 ', GRANT RIVATE DRIVEWAY EASEMENT OVER OPEN SPACE p aD TOWN OF PORTOLA VALLEY SAN MATEO COUNTY, CALIFORNIA oy CTOBER, 1999 SCALE: 1"=100' No. 5109 *I ALLIED s,� G-�3AN L ANGDON rF 0 �� ■■■ ENGINEERING n 1650 S/LIV AYFNUE, 54CRM/ENTO, G4L/FORNM 95915 #940007 PHONE (916) 649-0177 FAX.• (916) 649-2605 SHEET 1 OF 7 1 PAGE 4 - F� _ "C" • �P NORTH / \A s�s� EASTERLY LINE PARCEL 1 \ 50 PM 79 �25 Ile\ C/L 25' PRIVATE DRIVEWAY EASEMENT 1�5 PER 87127001 1 s 2 sos Q1 R=500.00' A=06002'45" CH-S 32024 27" E 52.74 O2 R=2000.00' A=00046'36" 3 \ S �';nv06 CH=S 35049'07' E 27.11' E O3 R=400.00' A=23°12'47" Mp,1CN uN CH=S 24°36'02" E 160.95' S/SHE 1 � GRANT RIVATE DRIVEWAY EASEMENT OVER OPEN SPACE �-ANDJT/' TOWN OF PORTOLA VALLEY o. DiSy�yF�o� SAN MATEO COUNTY, CALIFORNIA CTOBER, 1999 SCALE: 1"=100' * No. 5109 ALLIED LANGDON ENGINEERING ,; 1650 S1UG4 AIENUE, SACRW NT0,, C&AORNW 95815 #940007 Pf10NE (916) 549-0177 FAX.' (916) 649 2605 SHEET 2 OF :, PAGE 5 - EXHIBIT 12°59 3 E 76.72 ul NORTH S 1 `Q co o C/L 25' PRIVATE EASTERLY LINE DRIVEWAY EASEMENT \ \ PARCEL 1 PER 87127001 50 PM 79 1 1 ,30° y. n 1 IV� .p Qua ��,�Ac• S 07°26'01" E 56.76' rn 3 Q1 R=200.00' A=07°16'41" c'�� CH=S 16°37'59" E 25.39' O2 R=200.00' A=12°50'18" CH=S 13051'10" E 44.72' 03 R=200.00' A=23°16'09" , CDA\p CH=S l9o04'06' E 80.67' -b�� / \ lo � \ 1 GRANT S�pUNDso IVATE DRIVEWAY EASEMENT OVER OPEN SPACE D. D+sy, F` TOWN OF PORTOLA VALLEY 0 SAN MATEO COUNTY, CALIFORNIA No. OCTOBER, 1999 SCALE: 1"-100' * ALLIED L ANGDON �� ■ ENGINEERING L 1650 SILICA A ME, .S�4CRfWENTO, C40FORN14 95815 rnPKW #940007 E (916) 949-0177 FAX' (916) 649--2605 SHEET 3 OF 7 lE 6 - EXHIBIT "C" ,off •' c� �- NORTH / \ EASTERLY LINE - PARCEL 1 1 ` 1 50 PM 79 12..5, N uj S 03°00'20" E 67.56' I 'o ` o C/L 25' PRIVATE DRIVEWAY EASEMENT S, PER 87127001 2 z S 45024'16" E 47.98' S 28042'17" E 34.05' O1 R=400.00' A=27°41'5(:" CH=S 16°51'15" E 191.49' / \ R=150.00' A=42°23'56" ' CH=S 24°12'18" E 108.48' O R=300.00' A=16°41'59" CH=S 3n3'17" E 87.13' GRANT 1�ONO IVATE DRIVEWAY EASEMENT OVER OPEN SPACE �o o. DIsyy��o TOWN OF PORTOLA VALLEY SAN MATEO COUNTY, CALIFORNIA s I CTOBER, 1999 SCALE: 1"=100' " 5109 _ ALLIED �� LANGDON �-�r ENGINEERING " 1650 SILICA AY£NUE, S404VE M, C.AUfLWNV 95815 #940007 PII6WE (916) 949-0177 FAX pm) 649 2605 SHEET 4 OF 7 � r PAGE 7 - EXHIBT " .' .� NORTH N \ 1 rn 1 1 I EASTERLY LINE C/L 25' PRIVATE I 50RCEL PM 1 DRIVEWAY EASEMENT PER 87127001, S 00°59 11" W 42.21' Ol R=600.00' 0=29°41'28" 6 CH=S 13051'33" E 307,46' �2 R=250.00' A=42°27'1 S' a` 3 CH=S 20014'26" E 181.03' \ \ O R=300.00' A=10°26'15" 3 CH=S 36014'55" E 54.58' GRANT �ANRIVATE DRIVEWAY EASEMENT OVER OPEN SPACE p�y'�� TOWN OF PORTOLA VALLEY SAN MATEO COUNTY, CALIFORNIA oy CTOBER, 1999 SCALE: 1"=100' * No. 5109 *) _- ALL/ED -03 ANLANGDON F �� ".r ENGINEERING w 1650 511-44 AlaUC S4C,4WV0,, C&FORNp 95815 0 #940007 P1101V£ (916) 649-0177 FAX.• (916) 649-2605 SHEET 5 OF 7 PAGE 8 - EXHIBIT "C" S 31°01'47" E 55.58' NORTH ".000 1 C/L 25' PRIVATE DRIVEWAY EASEMENT PER 87127001 1 sF �� IEI � 3 .ti O1 R=85.00 A-12900811 CH=S 33°32'19" W 153.53' / O2 R=75.00' A=126°21'24" / CH=S 3955'42" W 133.86' �' O3 R=150.00' A=88018'41" CH=S 15054'20" W 208.98' GRANT RIVATE DRIVEWAY EASEMENT OVER OPEN SPACE D. D/ ��y TOWN OF PORTOLA VALLEY SAN MATEO COUNTY, CALIFORNIA y 'OCTOBER, 1999 SCALE: 1"=100' o; 5109 ALLIED L ANGDQN ENGINEERING w 1650 S/UG4 A09VUE, SAC%VDV7V,, C4UF6Wj4 95615 o #94Q007 PHONE (916) 649-0177 FAX,' (916) 649-2605 SHEET 6 OF 7 .., PAGE 9 — EXHli,—. "C" ` kp, sti 14/1 NORTH d' C/L 25' PRIVATE �% ' DRIVEWAY EASEMENT PER 87127001 1 S 85003 08" W 55.95' A � 90 6, (REVISED) �pti O1 R=150.00' A=2959'27" CH=S 72033'25" W 64.91' It r ^b S sr1� SOUTHERLY LINE ° ° PARCEL 1 ��' F 50 PM 79 �—SOUTHERLY TERMINUS OF "COURSE 174" PER 50 PM 79 GRANT RIVATE DRIVEWAY EASEMENT OVER OPEN SPACE Z. D rsy LANOs�,�� TOWN OF PORTOLA VALLEY � �` SAN MATEO COUNTY, CALIFORNIA 2 OCTOBER, 1999 SCALE: 1"=100' * No. 5109 * '� ALLIED LANGDON ENGINEERING 1550 S1UG4 AkMf,, S4CRWWV,, G4Z1F6pNl4 95815 #940007 PHONE (915) 649-0177 FAX.• (916) 649-26VS SHEET 7 OF 7 CALIFORNIA ALL-PURPCO ACK NOWLEDGMENT State of County ofA'1 � •- � On before me, U Oate Nam and Title of Officer e. y ( g.,"J a Doe,Notary Pu ' " personally appeared 0 d Name(s)of Signer(s) personally known to me-OR-P-proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), i or-the entity upon behalf of which the person(s) acted, 11 U MICcHEELLL�HEWITT executed the instrument. (� 232513 NOTARYPuBLIC-CAufORNAS SAN MATEO COUNTY 0 WITNESS my hand and official seal. COMM.EXP.AUG.19,2003 Sgnature of at Pu' OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ;Y fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ) Signer's Name: Signer's Name: ) ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officeri Title(s): Title(s): ?� ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ; ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here I Signer Is Representing: Signer Is Representing: O 1995 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park CA 91309.7184 Prod.No.5907 Reorder.Call Tod-Free 1-800-876-8827 L __ CALIFORNIA ALL-PUR} - ACKNOWLEDGMENT State of County of On before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public) personally appeared Name(s)of Signer(s) ❑ personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), S or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. . i (� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ) ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ? Title(s): Titie(s): ? ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ( `' - ❑ Guardian or Conservator 411 `.- ❑ Other: Top of thumb here ❑ Other: Top of thumb here ) i Signer Is Representing: Signer Is Representing: i i. 0 1995 National Notary Association•8236 Rennet Ave.,P.O.Box 7184•Canoga Park.CA 91309-7164 Prod,No.5907 Reorder.Call Toll-Free 1.800.876.W l Recorded at the Request of: Kent Mitchell, Attorney When Recorded, Mail to: Kent Mitchell MITCHELL & HERZOG 550 Hamilton Avenue, Ste 230 Palo Alto, CA 94301 071 -200 -03Q A.P. Mes.- O"7&-3 y v "07 v 0-) 6 _ 31(o 0$0 PRIVATE EMERGENCY ROAD EASEMENT AND EXCHANGE AGREEMENT This Private Emergency Road Easement and Exchange Agreement (hereafter "Agreement") is made and entered into this day of , 1999, by and between the Midpeninsula Regional Open Space District, a Special District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code (hereinafter "District") , Robert J. Slobe, a married man contracting as to his sole and separate property (hereinafter "Slobe") , and Northern California Presbyterian Homes & Services, Inc., a nonprofit corporation (hereinafter "Sequoias") . Recitals (i) The Sequoias owns certain real property located in the Town of Portola Valley, County of San Mateo, State of California, more particularly described in Exhibit "A", attached hereto, and made a part hereof by reference (hereinafter the "Sequoias Property") . (ii) District owns certain undeveloped real property adjacent to the Sequoias Property, more particularly described in Exhibit "B" attached hereto, and made a part hereof by reference (hereinafter the "District Property") . (iii) Slobe owns certain real property consisting of undeveloped land comprising approximately 20 acres, more or less, located in the Town of Portola Valley, County of San Mateo, State of California, more S-Z3\S189-001\9150RVNYEM5.Agm particularly described on Exhibit "C", attached hereto and made a part hereof by reference (hereinafter the "Slobe Property") . (iv) When Slobe conveyed the District Property to District, he retained an easement for driveway purposes over the District Property (hereinafter the "Slobe Driveway Easement") . Said Slobe Driveway Easement is more particularly described in that certain Grant Deed from Slobe, as Grantor, to District, as Grantee, recorded on August 14, 1987, under Series No. 87127001 in the Official Records of San Mateo County, California. (v) The location of the Slobe Driveway Easement has been finalized and a Plan and Profile Drawing for the Proposed Improvements and Private Driveway to the Slobe Property (hereinafter the "Driveway Improvements") , dated September 28, 1999, has been prepared by Allied- Langdon Engineering (hereinafter the "Allied Plans") , has been approved by the District and Slobe, and a site development permit for its construction was approved and issued by the Town of Portola Valley on 7/21/99. (Hereinafter "Site Development Permit No. #X9H-289) The Allied Plans hereby are incorporated herein by reference. (vi) The District and Slobe desire to have an alternate emergency access to the upper portion of the Slobe Driveway Easement in the event access along the lower portion of the Slobe Driveway Easement becomes restricted, as hereinafter defined. The District is willing to grant to Slobe an emergency access easement across District Property in exchange for Open Space easements over portions of the Slobe Property, as more particularly described in Exhibit "D" hereto, said exchange being an authorized exchange pursuant to California Public Resources Code Section 5540.5. (vii) To provide such alternate emergency access, Slobe desires the right to construct, and after such construction Slobe is willing to maintain, repair and replace an Emergency Access Road in, on and across portions of both the Sequoias Property and the District Property, which will connect the upper portion of the Slobe Driveway Easement to an existing loop road owned and maintained by the Sequoias on its Property (hereinafter the "Sequoias Loop Road") . The Sequoias S-Z3\S189-001\915DRVWYEM5.Agm 2 is willing to grant Slobe an easement to construct, maintain, repair and replace said Emergency Access Road, and to use the same and the Sequoias' existing loop road and its connecting driveways for emergency access, ingress and egress between the Slobe Driveway Easement and Willowbrook Drive, a public roadway within the Town of Portola Valley. NOW, THEREFORE, FOR A PROMISE BY SLOBE AND HIS SUCCESSORS AND ASSIGNS TO SHORE UP AND MAINTAIN A PORTION OF THE SEQUOIAS LOOP ROAD IN PERPETUITY AND OTHER CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Exchange of Grants of Easements. A. Sequoias Emergency Access Easement. As used herein, the "Sequoias Emergency Access Easement" is a nonexclusive easement in perpetuity over a portion of the Sequoias Property, which portion is more particularly described in Exhibit "E", attached hereto and made a part hereof by reference, for the nonexclusive use by the District, Slobe and their successors and assigns, in emergency circumstances only, as hereinafter defined. The Sequoias Emergency Access Easement is for ingress and egress to, from and between the point on the boundary line between the Sequoias Property and the District Property where said easement connects with the District Emergency Access Easement, as defined below (hereafter the "Connecting Point") , to the point where it connects to Willowbrook Drive, a public roadway in the Town of Portola Valley. (hereinafter the "Sequoias Emergency Access Easement") B. District Emergency Access Easement. As used herein, the "District Emergency Access Easement" is a nonexclusive easement in perpetuity over a portion of the District Property, which portion is more particularly described in Exhibit "F", attached hereto and made a part hereof by reference, for the nonexclusive use by Slobe, his successors and assigns, in emergency circumstances only, as hereinafter defined. The District Emergency Access Easement is for ingress and egress between the Connecting Point, as hereinabove defined, and the Slobe Driveway S-23\S189-001\915DRWYEM5.A9m 3 Easement at approximately Station 25 on the Allied Plans. (hereinafter the "District Emergency Access Easement") C. Exchange Grants. The Sequoias hereby grants to the District and Slobe, and its and his successors and assigns, the Sequoias Emergency Access Easement. The District hereby grants to Slobe, and his successors and assigns, the District Emergency Access Easement. Each such Easement is granted on a nonexclusive basis, in perpetuity, for use in emergency circumstances only, as hereinafter defined. Slobe hereby grants to the District the Open Space Easements more particularly described in Exhibit I'D" . D. Construction, Maintenance, Repair and Replacement Easements - for New Roadways on Both the Sequoias and District Emergency Access Easements The Sequoias hereby grants to Slobe an easement in perpetuity to enter in and upon the Sequoias Property, from time to time, upon reasonable notice to and upon the consent of the Sequoias, and as reasonably required, to construct, and thereafter to maintain, repair and replace improvements necessary to shore up the existing Sequoias Loop Road, and a roadway within the Sequoias Emergency Access Easement to connect the Sequoias Loop Road to the Connecting Point. (hereafter the "Sequoias Maintenance Easement") The District hereby grants to Slobe an easement in perpetuity to enter in and upon the District Property, from time to time, upon reasonable notice to and upon the consent of the District, and as reasonably required, to construct, and thereafter to maintain, repair and replace the "District Emergency Access Easement" roadway, as hereinabove defined. (hereafter the "District Maintenance Easement") E. Easements Appurtenant to, And Run With the Land. The Sequoias Emergency Access Easement is appurtenant to and for the benefit of both the District Property and the Slobe Property, and the Sequoias Maintenance Easement is appurtenant to and for the benefit of the Slobe Property. The District Emergency Access Easement, and the District Maintenance Easement are each appurtenant to and for the benefit of the Slobe Property. The Open Space S-Z3\5189-001\915DRVWYEM5.A9m 4 Easements described in Exhibit "D" are appurtenant to and for the benefit of the District Property. Each of said easements shall run with the properties to which they are appurtenant, for the benefit of the respective owners of such properties. F. Initial Construction of New Roadway Improvements on Both the Sequoias Emergency Access Easement and the District Emergency Access Easement. If the Driveway Improvements are constructed by Slobe, then Slobe shall, at his sole cost and expense, construct the initial roadway improvements over both the Sequoias Emergency Access Easement and the District Emergency Access Easement within thirty-six (36) months after the date of this Agreement, in accordance with plans to be reviewed and approved by Sequoias and the District. (hereafter collectively the "Emergency Access Road Improvements") Such work, if Slobe constructs the initial improvements, shall include shoring up a section of the existing Sequoias Loop Road [shown on Sheet 8 of 16 of the Allied Plans] which is currently susceptible to landslides. G. "Emergency Circumstances" Defined. Emergency circumstances sufficient for the District and Slobe to invoke actual use of the Sequoias Emergency Access Easement shall exist if, and for such period of time that any section of the lower portion of the Slobe Driveway Easement (i.e. that portion thereof between the Portola Road entrance thereto and Station 25 thereon, as shown on the Allied Plans) is impassable by vehicle by any reasonable standards of convenience or safety for any reason which is not within the reasonable control of the owner of the Slobe property, including without limitation, damage or destruction, flood, fire, slide, subsidence, earth movement, earthquake or other Acts of God, or scheduled maintenance, repair or replacement thereof which temporarily prevents use of such Driveway Easement. In the event any emergency circumstances occur, the District and Slobe shall diligently undertake and pursue all steps and do such things as are reasonably necessary to repair the Slobe Driveway Easement so that such emergency circumstances do not continue to exist. Such repairs shall be completed within four (4) weeks after the Slobe Driveway Easement S-Z3\S189-DO1\915DRVYYEM5.A9m 5 first becomes impassable, as defined herein; provided, where such repairs cannot be completed within four (4) weeks with the exercise of reasonable diligence, or due to weather conditions or delays in regulatory approvals which prevent such repair work from being completed, then such work will be completed within a reasonable time frame acceptable to the Sequoias. 2. Maintenance, Repair and Replacement of Emergency Access Road Improvements. Slobe shall pay for the cost of maintenance, repair and replacement of the Emergency Access Road Improvements. 3. Maintenance Standards. The Emergency Access Road Improvements shall be maintained, repaired and replaced from time to time as necessary in accordance with the standards for their original construction, as set forth on the plans approved by the Sequoias, the District and Slobe for the initial construction thereof. (hereinafter the "Required Maintenance") Repair and maintenance work occasioned by ordinary wear and tear shall be scheduled and undertaken in a reasonable manner at times deemed appropriate by Slobe, the Sequoias and the District. All such plans for improvements and repair shall be submitted to the Sequoias and the District for prior written approval, which approval shall not be unreasonably withheld or delayed. 4. Maintenance Notice. When that portion of the Emergency Access Road Improvements initially constructed by Slobe needs Required Maintenance, any party hereto may give the other two (2) parties hereto written notice of such Required Maintenance. Such Maintenance Notice shall be dated and shall specify the nature and extent of the Required Maintenance and the portion or portions of the Emergency Access Road Improvements to be affected by the maintenance. S. Authority of Party Causing Maintenance to be Done. Slobe, together with his agents, contractors, representatives, and employees, shall have the right to enter upon the Emergency Access Road Improvement areas and adjacent property as is reasonably necessary to do the Required Maintenance work pursuant to S-Z3\S189-001\915DRVWYEM5.Agm 6 this Agreement. Slobe shall have the right to do and/or to cause to be done each and every portion of the Required Maintenance to be done pursuant to this Agreement, including the right to enter into agreements related to such maintenance work. 6. Damage Caused by Negligence or Misconduct. Notwithstanding anything to the contrary contained in this Agreement, if any Required Maintenance is required by reason of the negligence or willful misconduct of any party hereto (the "Damage-Causing Party") , or any agent, representative, guest, invitee, relative, licensee or employee (or any other person whose use of the Emergency Access Road Improvements was permitted by such party) (hereinafter collectively "Permittees") , then the Damage-Causing Party .(or the Party whose Permittees caused damage to the Emergency Access Road Improvements) , at his, her, or its sole cost and expense, shall promptly make any and all Required Repairs necessary to restore such Emergency Access Road Improvements to their condition immediately preceding such damage. 7. Indemnification and Insurance. District shall and does hereby indemnify, protect, defend, and hold harmless the Sequoias (the "Indemnified Party") and the directors, agents, employees, successors, and assigns of the Indemnified Party from any claims, demands, actions, causes of action, loss, damage, liability, or costs whatsoever, including but not limited to reasonable attorneys' fees and court costs (collectively, "Losses") which may be incurred by the Indemnified Party as a result of the use, whether or not a negligent use or an intentional misuse of the Emergency Access Road Improvements by the District or its Permittees, except to the extent that such losses are caused by the negligence or misconduct of the Indemnified Party. Slobe shall and does hereby indemnify, protect, defend, and hold harmless the Sequoias and the District (the "Indemnified Parties") and the directors, agents, employees, successors, and assigns of the Indemnified Parties from any claims, demands, actions, causes of action, loss, damage, liability, or costs whatsoever, including but not limited to reasonable attorneys' fees and court costs (collectively, "Losses") which may be incurred by the Indemnified Parties as a result of the S-Z3\S189-001\915DRVWYEM5.Agrn 7 ♦ i use, whether or not a negligent use or an intentional misuse of the Emergency Access Road Improvements by Slobe or his Permittees, or due to Slobe's failure to maintain and repair the Emergency Access Road Improvements as required herein, except to the extent that such losses are caused by the negligence or misconduct of the Indemnified Parties, or some of them. District and Slobe, respectively, shall each obtain and keep in force a Commercial General Liability Policy of Insurance protecting them and the Sequoias against claims for bodily injury, personal injury, death and property damage based upon or arising out of the use, maintenance, repair or replacement of the Emergency Access Road Improvements on the Sequoias Property by the District or its Permittees, on the one hand, or by Slobe and his Permittees, on the other hand Such insurance policies shall each provide single limit coverage in amounts not less than Two Million Dollars ($2,000,000) each per occurrence, and the Sequoias shall be provided at all times with current certificates of such insurance naming the Sequoias as an additional insured. All such insurance carried by Slobe and the District, respectively, shall be primary to and not contributory with any similar insurance carried by the Sequoias, whose insurance shall be considered excess insurance only. Slobe shall provide the District with the same insurance coverage for the use of that portion of the Emergency Access Easement Improvements located on District Property. 8. Term. The covenants and obligations set forth in this Agreement shall be perpetual and shall continue in full force and effect from the date of recordation hereof. 9. Covenants Run with Land. All of the provisions, agreements, rights, powers, covenants, conditions and obligations contained in this Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective heirs, successors, assigns, devisees, administrators and representatives, and all other persons acquiring all or any portion of either the Sequoias Property, the District Property or the Slobe Property. All of the provisions of this Agreement shall be covenants running with the land pursuant to S-Z3\S189-001\915DRVWYEN5.Agm 8 any and all applicable laws, including, but not limited to, Section 1462 and 1468 of the Civil Code of the State of California. Each covenant to do or to refrain from doing some act on the Emergency Access Road Improvements (i) is for the benefit of each party hereto, (ii) runs with the sequoias Property, the District Property and the Slobe Property, and (iii) shall benefit or be binding upon successive owners of all or any portion of either the Sequoias Property, the District Property the Slobe Property. 10. Transfer of ownership. The rights and obligations conferred or imposed upon the parties hereto pursuant to this Agreement shall not be transferred or assigned to any other person or entity except together with the sale or assignment of a party's respective Property subject to this Agreement. Any party hereto transferring his, her, or its interest in such Property shall be released from all further obligations of this Agreement arising on or after the effective date of the sale, conveyance or transfer. ' Nothing contained in this paragraph shall be construed to release any party hereto from obligations accruing prior to the date of the transfer or assignment. 11. Notice. All notices required or permitted by this Agreement shall be given in writing, and served by personal delivery by United States mail, by personal delivery service, or by facsimile transmission with written confirmation of sending and receipt. Notices by personal delivery shall be deemed given when received. Notices by facsimile shall be deemed given the first regular business day following facsimile transmission. Notices by United States mail shall be deemed given the second business day following mailing. Notices shall be faxed to the facsimile numbers, or addressed to the addresses set forth after each signature below, but any party may change his or her facsimile number or mailing address by giving written notice thereof to the parties in accordance with the provisions of this Paragraph. 12. Negation of PartnershiR- None of the terms or provisions of this Agreement shall be deemed to create a partnership between any of the parties hereto, nor S-23\S189-001\915DRVWYEM5.Agm 9 shall this Agreement cause the parties hereto to be considered or deemed to be joint venturers or members of any joint enterprise. This Agreement is not intended, nor shall it be construed, to create any third-party beneficiary rights in or for the benefit of any person who is not a party hereto, except as otherwise expressly provided to the contrary in this Agreement. 13. Termination and Amendment. This Agreement may be terminated, changed, modified or amended, in whole or in part, only by a written and recorded instrument executed by all of the then- Owners of record of the District Property, the Slobe Property and the Sequoias Property. 14. Approvals. Unless otherwise herein provided, whenever approval or disapproval is required by any party hereto, such approval shall not be unreasonably withheld or delayed. Unless provision is made for any specific time period, any approval required or permitted hereby shall be given within thirty (30) days of the receipt of the request for approval, and if a party shall neither approve nor disapprove within such thirty (30) day period, such party shall be deemed to have given its approval. If a party refuses to give any requested approval, the reasons for such refusal shall be stated in writing to the requesting party, within such thirty (30) day period. 15. Severability. The invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person by judgment or court order, shall in no way affect any of the other provisions hereof, or the application thereof to any other person, and the same shall remain in full force and effect to the maximum extent possible. 16. Arbitration. Any dispute or claim in law or equity arising out of this Agreement or any resulting transaction, including, without limitation, any dispute or claim concerning (i) the meaning of this Agreement or (ii) the cost, liability for, timing and extent of any Required Maintenance on the Emergency Access Road Improvements, shall be decided in the City of Palo Alto, County of Santa Clara, California by S-23\S189-001\915DRVWYEH5.Agm 10 neutral binding and non-appealable arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall have the right to discovery in accordance with California Code of Civil Procedure Section 1283.05. 17. Attorneys' Fees. If any parties hereto shall bring any arbitration proceeding or any action or legal proceeding for an alleged breach of any provision of this Agreement or to enforce, protect or establish any term or covenant of this Agreement, the prevailing party(ies) shall be entitled to recover as a part of such action or proceeding, or in a separate action brought for that purpose, reasonable attorneys' fees, arbitration costs, court costs, and expert fees as may be fixed by the arbitrators or the court. "Prevailing party" as used in this Paragraph includes a party who dismisses an action for recovery hereunder in exchange for sums allegedly due, performance of covenants allegedly breached or considerations substantially equal to the relief sought in the action. 18. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. 19. Abrogation of Existing Rights. To the extent that the provisions of this Agreement are in addition to or expressly contrary to the provisions of other agreements and easements between the parties hereto, the provisions of this Agreement shall be controlling. In all other respects, the provisions of said other agreements and easements shall continue in full force and effect and shall not be abrogated or modified by the provisions of this Agreement. 20. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 21. Further Documents and Acts. Each of the parties hereto agrees to execute and delver such further documents and perform such other acts as may be reasonably S-Z3\S189-001\915DRVWYEM5.Agm 40 necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 22. Miscellaneous. A. Exhibits; Entire Agreement. All exhibits attached hereto are incorporated by this reference as if fully set forth herein. This Agreement, the exhibits and attachments hereto, constitute the entire agreement among the parties hereto relative to the maintenance and repair of the Driveway Improvements. B. Conditions Precedent and Subsequent. The obligations of the parties hereto to perform the terms and provisions of this Agreement are contingent on such Driveway Improvements being constructed within the time period provided in paragraph 1.F. hereof substantially in conformity with the Allied Plans; provided, further, that if Slobe or his successors in interest construct an alternate driveway connecting the Slobe Property to Alpine Road, then effective as of the date of the completion of such construction, this Agreement shall terminate and be of no further force or effect. C. Initial Construction of Driveway Improvements. The Sequoias shall have no obligation to pay for any of the costs of initial construction of the Emergency Access Road Improvements. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date and year first above written. "District" XIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Its Address: 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager Fax: 650-691-0485 Tel: 650-691-1200 With a copy to: Duncan Simmons 330 Distel Circle Los Altos, CA 94022 Fax: 650-691-0485 Tel: 650-691-1200 S-Z3\S189-001\915DRVWYEM5.Agrn 12 DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Approved as to Form• By: Date: Susan M. Schectman General Counsel Recommended for Approval: By: Date: L. Craig Britton General Manager Approved and Accepted: By: Date: Jed Cyr President, Board of Directors Attest• By: Date: Peggy Coats District Clerk 12-A I'SlOba ROBEkT J. SLoBLv Address: 400 Slobe Avenue Sacramento, CA 95815 Fax: 916-925-2307 Tel: 916-925-2721 With a copy to: Rent Mitchell MITCHELL & HERZOG 550 Hamilton Ave. , #230 Palo Alto, CA 94301 Fax: 650-327-7994 Tel: 650-327-7476 "Sequoias" NORTHE IFORNIA PRESBYTERIAN HOMES & SER CE , INC. , a Nonprofit Corporation By / is S-Z3\S189-001\915DRVWYEM5.Agm 13 EXHIBIT "A" _- SEQUOIAS PROPERTY That certain real property lying and situate in the Town of Portola Valley, County of San Mateo, State of California, described as follows: PARCEL_Oht, HEGZNNZNC:it=a:pciat`in r:,a Southerly"dine`'of Portola' Road {County Read No. 52) , opgositw County Engineer'a Station189 +• 56.12 S.C.,,aaid point also beinq inl the Southerly line of that certain parcel of land-conveyed to the- Countx,ot.Saa.:jAt�o .by John-Francis Neylan by. Deed_rocorded is__ , volumir 2069 4t'paga-366, on May ii,:1951,;:Official,Records'of-'San"mateo County and:distant thereorr South 82!�.OT.', "st�-103.51_feet frM.t21Q:`�Y Westerly line-of.-IUt. certain 1.69 acre-tract described ii3-Dead.-:,to-�,= Thomas'A'._-C+ox aaCwem 1. Cox recorded August 15,, 1941.,in.Vol. Official Ra."ords a:`.-=Fage 17,-Records of SanMateo County:'`thenee•fz�r' said point of beginning weateriy and Northweatcrly along the Southerly line of the aforesentioned parcel conveyed to the County of`San"mateo;r",: South 82. 07' West 109.18 feet to a paint and on the-arc of a curve to the right, said'turve raving-a radius of 600 feet, a central angle-of -. 410 54' 50" and who" center bears North 0° 08' 30" Past from the last mentioned point, a distance of 438.92 feet to a point; thence leaving said Southerly lire of the aforementioned County parcel, on the arc of a curve to the left, said curve having, a radius of 100 feet, a centerl angle. of 92. 01' 20' and whose center beam South 42° 03' Lu` Wevt from the last mentioned pi.int, a distance of 160. 67 feet to a point; thence South 40° 00' West along a line tangent to the last mentioned curve at the last :mentioned point, a distance of 508.15 feet; thence South 281 30' vast 190.24 feet; thence South 34° 01' East 564.84 feet; thence South 20' 41' 10" East 439.39 feet; thence South 100 05' 50" East 113.53 Legit; thence wi-th 27' 24' 10" East 214.47 feet; thence South 80 22' 10" East 209.93 feet: thence South 46° 36' 30' East 102.52 feet; thence South 310 3E' 30" cast 190.r7 feet; thence South 14" 08' 40" Eaat 137.55 feet; thence North 73° 51' 30" .Cast 752.66 feet to the Easterly boundary of the lands of Neylan; thence Northerly along the Easterly boundary of the lands of Neylan, North 17' 09' West 200.08 feet, North 27' 33' want 147.94 feet, North 32 44' West 60.06 feet, North 494 23' West 134.64 feet, Forth 47° 31' West 239.58 feet, :forth 470 37' West 190.08 feet, North 50 31' West 232.32 feet, North 30 58' west. 76.56 feet, :North 20 14' West 340.77 feet, North 530 48' East 252.12 feet, North 9. 43' rest 72.65 feet and-North 180 37' 30" West 415.37 feet to the Southerly line of the aforementioned Portola Road; then.: Westerly along said Southerly line South 82' 07' West 108.51 feet t., the point of beginning. EXCEPTING: however, that parcel described as follows: BEGI:):)Tl� at"a point on the Southerly line:of Portola Road {County Road No. 52` ^pFo�;ite County Engineer's Station 129 plus 56.12 E.C. , as said Souther _!y line was ?stablished by Dee-1 from .Iohn Francis Neylan and wife to Coun*v of San nateo, dated and recorde<'_ May i1, 1951 in Book 2069 of -Off;cia3 Records of San Mateo County at pa::a 366 (35830J) , saia point of beginning being distant thereon South 321 07' nest 108.51 fee} __ors the ft sterly line of that certain 1. 69 acre tract .of land described in Deed to Thomas A. Cox and wife, recorded August 15, 1941 in Book 981 of Official Records of San Mateo County at page 17 (29396E) ; thence from said point of beginning South 35' 35' 18" East 398.65 feet to a point on the general Southeasterly boundary of the lards described in Deed from John Francis Neylan and wife to Northern California Presbyterian Homes, t:c. , a non-profit corporation, dated April 28, 1958 and recorded August • 19, 1958 in Book 3442 of Official Records of San Mateo County at page 430 ;676670% and the true point of beginning of the lands to be descries herein, said true point of beginning being distant along said Southeasterly boundary, South 18° 37' 30" East 363.28 feet from the Ssitl :-,.;ut1ier1y lime 47 cort01.1 Road; :::t'nCe frCt7 u'Ca. rL'C coin'' Cf beginning along said Southeasterly boundary of ti,elands described in ere Deed to 13arthern California Presbyterian horns, above mentioned, south :F' 37' 30' East 52.G9 feet, South 9° 43' East 72.63 feet And south 53' 4i' hest 75.21 feet; thence leavin.-i said Southeazzerl boundary North 9" 43' lees_ 102.08 feet; thence North 18' 37' 30' west 46.64 feet to a point, which bears South 71. 22' 30' West 70.00 feet fro= the tr•:e point of beginning: thence %orth 71. 22' 30' East 70.00 40 feet to the true point of beginning. PARCEL TWOr BEG INNT?; at a poiri, in tim Southerly line of- Portora Raed (Coun6y - goad No. S2)9,,oppasltwCounty_ZngIncesIa:Atation-Alq,t-plus 56.11 g.C., said.point also beitq tube &outftrW,;• lwot�t2iili.o.xtoim"P+►roai=, land conveyed to-tha Ccunty'of San Mateo, by John;Francis Neylan by Deed recorded xay- 11r 1951 in Book 2069 Of`,Of=laikl--Records of San ;."too Count;• at page :06 and distant thereon South 92` 07' Nast 101,51 teat from the Masterly lime:of that cortainr,1.69 acre. tract deactibtrd in Doed- to Ttiowas A,. Cox and Vera I. Cax$, re.-orded August 15,, L941 In -' Book 981 of Offia141 _Mcords of Ban.Natlo�.County-aAt page 171 thence from said point of beginninq, South 611 171' 534 ta'ot $91.29 feet- to a point on the general Southeastarly boundary of the lands doscribed Deed'from John rraaela Neylan and wife to Northern California Presbyterian tomes, too., a non-profit roliyious qurporation, dated April 28, 1958 and recorded Auquet 19, 1958 in Book 3442 of Offialal;` Records of .Sian Mateo County at page 43Q (06670) And the true point of beginning of the 14nd► to be Jescrilxnl hurain, said true point of beginninq beinq distant North 53. 48' Rapt 19.54 tact from an anglo point in said Southeasterly boundary. 441d angle-point being at the intersection of the courses "North 2. 14` Nest 340.77 feet and North 53. 48' East 252.12 feat' as set forth in said last mentioned D*@dj thence from said true point of bnyinninq along the said gencral Smith- easterly boundary or the last mantione.l lands, South 53. 48' Hest 11. 54 feat, South 2. 14' knst 340.77 rapt, South 30 54' Mast 76.56 foot, South 5' 31' Enst 232, .12 feet and South 47. 37' East 178.99 foatt thet►ce leaving said Southeasterly boundary North 5' 31' West 401.99 foett thence North 2. 14' Meet 301.24 foot to a point which bears South 5)6 29' 15" East 133.09 foot. from the true point of beginning; thence North 534 29' 1�" West 133.04 feet to the trgw point of beginninq. A.P. 079-200-030 e� EXHIBIT "B" DISTRICT PROPER-jy The land referred to In this Report Is situated In the State of California,County of San Mateo and Is described as follows: Town of Portola Valley Parcel 1 , as shown on that certain Parcel Map entitled Parcel Map, being a division of land described in Deed recorded in Book 4416 .Official Records , Page 452 , filed January 27 , 1981 , in Book 50 of Parcel Maps, Pages 79 through 84 , San Mateo County Records . EXCLUDING THEPEFPCM THAT PORTION OF PARCEL 1 , as shown on that certain map entitled "PARCEL MAP OF CORTE MADERA" , which map was filed in the office of the Recorder of the County of San Mateo, State of California, on January 27,1981 in Book 50 of Parcel Maps at pages 79 through 84, more particularly described as follows; BEGINNING at a point in the general Southerly boundary line of said Parcel 1 , said point being the Southerly terminus of course No. 174, which course has a bearing of South 270 05' 40" West and a distance of 124.25 feet; thence from said Point of Beginning along the general Southerly boundary line of said Parcel 1 , South 420 11 ' 40" West 96.49; thence South 190 02' 40" West 76.00 feet; thence South 390 28' 40" West 83.93 feet; thenceSouth 51' 05' 40" West 37.67 feet; thence North 1*70 36' 20" West 168.53 feet; thence North 000 53' 40" East 128.21 feet; thence North 81012' 41" West 173.62 feet; thence South 860 17' 19" West 122.52 feet; thence North 660 27' 41" West 153.31 feet; thence North 850 12' 41" West 90.41 feet; thence North 320 5741" West 183.45 feet; thence North 840 27' 41" West 152.00 feet; thence South 870 02' 19" West 109.04 feet; thence leaving said Southerly boundary line, North 1 0 00' 00" East 659.39 feet; thence South 750 38' 16" East 509.27 feet; thence North 200 25' 32" East 415.31 feet; thence South 550 53' 14" East 688.49 feet; thence South 370 14' 04" West 720.28 feet; thence South 500 00' 00" East 420.00 feet to the Point of Beginning. A.P.N. 076-340-0*A o-ro EXHIBIT "C SLOBS PROPERTY That certain real property lying and situate in the Town of portola Valley, County Of San Mateo, State of California, more particularly described as follows: PORTION OF PARCEL 1 , as shown on that certain map entitled "PARCEL MAP OF CORTE MADERA" , which map was filed in the office of the Recorder of the County of San Mateo, State of Califomia, on January 27,1981 in Book 50 of Parcel Maps at pages 79 through 84, more particularly described as follows; BEGINNING at a point in the general Southerly boundary line of said Parcel 1 , said point being the Southerly terminus of course No. 174, which course has a bearing of South 270 05' 40" West and a distance of 124.25 feet; thence from said Point of Beginning along the gereral Southerly boundary line of said Parcel 1, South 420 11 ' 40" West 96.49; thence South 190 02' 40" West 76.00 feet; thence South 390 28' 40" West 83.93 feet; thenceSouth 51' 05' 40" West 37.67 feet; thence North 170 36' 20" West 168.53 feet; thence North 000 53' 40" East 128.21 feet; thence North 8101241" West 173.62 feet; thence South 860 17' 19" West 122.52 feet; thence North 660 27' 41" West 153.31 feet; thence North 850 12' 41" West 90.41 feet; thence North 320 57' 41" West 183.45 feet; thence North 840 27' 41" West 152.00 feet; thence South 870 02' 19" West 109.04 feet; thence leaving said Southerly boundary line, North 1 0 00' 00" East 659.39 feet; thence South 751 38' 16" East 509.27 feet; thence North 200 25' 32" East 415.31 feet; thence South 550 53' 14" East 688.49 feet; thence South 370 14' 04" West 720.28 feet; thence South 500 00' 00" East 420.00 feet to the Point of Beginning. containing 20.01 Ac+ A.P.N. ()IG - ,zqo - &ko EXHIBIT "D" That certain real property lying and situate in the Town of portola Valley, County of San Mateo, State of California, more particularly described as follows: PORTION OF PARCEL 1 , as shown on that.certain map entitled "PARCEL MAP OF CORTE MADERA" , which map was filed in the office of the Recorder of the County of San Mateo, State of California, on January 27,1981 in Book 50 of Parcel Maps at pages '79 through 84, more particularly described as follows; BEGINNING at a point in the general Southerly boundary line of I said Parcel 1 , said point being the Southerly terminus of course No. 174, which course has a bearing of South 270*05' 40" West and a distance of 124.25 feet; thence from said Point of Beginning along the gereral Southerly boundary line of said Parcel 1, South 420 11' 40" West 96.49; thence South 19' 02' 40" West 76.00 feet; thence South 390 28' 40" West 83.93 feet; thence South 510 05' 40" West 37.67 feet; thence North 170 36' 20" West 168.53 feet; thence North 000 53' 40" East 128.21 feet; thence North 81012' 41" West 173.62 feet; thence South 86' 17' 19" West 122.52 feet; thence North 660 27' 41" West 153.31 feet; thence North 850 12' 41" West 90.41 feet; thence North 320 57' 41" West 183.45 feet; thence North 840 27' 41" West 152.00 feet; thence South 870 02' 19" West 109.04 feet; thence leaving said Southerly boundary line, North 1 0 00' 00" East 50-12 feet; thence N 870 02' 19" E 109.29'; thence S 840 27' 41 E 179.83 ; thence S 320 57' 41" E 183.05' ; thence S 850 12' 41 E 74.14' ; thence S 660 27' 41" E 149.45'; thence N 860 17' 19" E 115.88'; thence S 810 12' 41" E 222.64'; thence S 000 53' 40" W 124.12'; thence N 470 16' 55" E 130.55'; thence S 500 00' 00" E 100-00' to the Point of Beginning. containing 2.00 Ac+ EXHIBIT "Ell Sequoias Emergency Access Easement Description The Sequoias Emergency Access Easement shall include the following described real property lying and situated in the Town of Portola Valley, county of San Mateo, State of California: Land Between Sequoias Boundary and Loop Road Said easement shall include the real property more particularly described in Exhibit IIE-111 hereto, made a part hereof by reference. From Loop Road to Willowbrook THENCE ALONG the paved driveway surfaces of the existing Sequoias Loop Road which is adjacent to the Sequoias Reservoir, and from there along the existing paved driveway which connects said Loop Road to the remaining paved driveways on the Sequoias Property; THENCE ALONG the most direct route on said remaining paved driveways to the point where said remaining paved driveways exit onto the Willowbrook Drive public right of way, or along such other paved driveways on the Sequoias Property, as the Sequoias may designate from time to time in written notices to the other parties hereto as the easement route to be used hereunder to access Willowbrook Drive. S-Z3\SI89-001\DrvwyEn6.ExE PAGE 1- F,)(M j' Emergency Access over The Sequoias All that certain real property situate in the Town of Portola Valley, County of San Mateo, State of California, described as follows: A strip of land the uniform width of thirty(30.00)feet, the centerline of which is described as follows: Commencing at the most Southerly corner of that certain parcel of land described in the Grant Deed to Northern California Presbyterian Homes, Inc. recorded in the office of the Recorder of San Mateo County in Book 3442 of Official Records, at Page 430 said point being in the Easterly line of Parcel 1 as shown on that certain parcel map filed January 27, 1981 in the office of the Recorder of San Mateo County in Book 50 of Parcel Maps, at page 79;thence along the Southerly line of said Northern California Presbyterian Homes, Inc. parcel of land and along said Easterly line of said Parcel 1, North 75°03'34" East 98.85 feet to the True Point Of Beginning for the herein described centerline;thence from said TRUE POINT OF BEGINNING, leaving said Southerly line and leaving said Easterly Iine, along the herein described centerline,North 14°00'03"West 80.59 feet to a 600.00 foot radius curve to the Right;thence along the arc of said curve through a central angle of 03'37'18" the chord of bears North 1201 F24"West 37.92 feet;thence North 10°22'45"West 130.34 feet to the terminus for the herein described centerline. i PAGE 2 - EXHIBIT "E-1" 1 1 NORTH 1 15' r r 1 z 1 1 1 t C/L 30' EMERGENCY 1 ACCESS EASEMENT 1 1 1 R=600.00' 1 A=03037'15' 1 CH=N 12011'24 W 1 Z 37.92' l 1 �O 1 6? 5o pM 9 N 1 Z N 15�3 3� E ;VIII 1 �M•N:t 1111.1 11 .;F•1.;1 I MOST SOUTHERLY CORNER GRANT EMERGENCY ACCESS EASEMENT UNDS�R` TOWN OF PORTOLA VALLEY D. D1sy�y��yo� SAN MATEO COUNTY, CALIFORNIA i CTOBER, 1999 SCALE: 1"=40' No. 5109 ALLIED LANG04N X ��''E ��' �� ENG/NEERMG 16M SIM4 APM E, .S4CRAVDM,, C,AUFORNP 95815 PHLWE (916) 649-0177 FAX- (916) 649 2605 #940007 PAGE 1 — EXHIBIT "F" Emergency Access over Open Space All that certain real property situate in the Town of Portola Valley, County of San Mateo State of California, described as follows: A strip of land the uniform width of forty(40.00)feet, the centerline of which is described as follows: Commencing at the most Southerly corner of that certain parcel of land described in the Grant Deed to Northern California Presbyterian Homes, Inc. recorded in the office of the Recorder of San Mateo County in Book 3442 of Official Records, at Page 430 said point being in the Easterly line of Parcel 1 as shown on that certain parcel map filed January 27, 1981 in the office of the Recorder of San Mateo County in Book 50 of Parcel Maps, at page 79; thence along the Southerly line of said Northern California Presbyterian Homes, Inc. parcel of land and along said Easterly line of said Parcel 1, North 75°03'34" East 98.85 feet to the True Point Of Beginning for the herein described centerline; thence from said TRUE POINT OF BEGINNING, leaving said Southerly line and leaving said Easterly line, along the herein described centerline, South 14°00'03"East 31.91 feet to a 150.00 foot radius curve to the Right;thence along the arc of said curve through a central angle of 91°55`41"the chord of bears South 31°57'48" West 215.67 feet;thence South 77°55'38"West 9.81 feet to the terminus for the herein described centerline. 4b 1:'r»E 2 - EXHIBIT "F" NORTH C aB 35 � E 1��N � S�ER� co0 1 50 P� 19 1 Zo 1 2°' 1 MOST SOUTHERLY CORNER O S 14000'03" E 31.91' I I O2 S 77°55'38" W 9.81' C/L 40' EMERGENCY / I ACCESS EASEMENT o� co / ry o / GRANT EMERGENCY ACCESS EASEMENT TOWN OF PORTOLA VALLEY oUNDsU'Q` SAN MATEO COUNTY, CALIFORNIA DISyi�Fjo OCTOBER, 1999 SCALE: 1"=40' AM ALLIED ,* No. s109 LANGDON s,' �° G °�,,.� ■ ENGINEERING if�f 1950 S/L/C.A AkVVUr ,S4CAUVENTO, G4UFORN64 95815 o PHONE (916) 649-0177 FAX (916) 649 2605 ,� #940007 CALIFORNIA ALL-PURPt, ACKNOWLEDGMENT State of l� County of (:;k / On ' I before me, C �% G G Cate ' Nam Title of tficer(e.g.,'JarT6 Coe,Notary Pubf ') personally appeared C� Names)of Signer(s) personally known to me—OR—improved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that byS his/her/their signature(s) on the instrument the person(s), 11 MICHELLE HEWITT or the entity upon behalf of which the person(s) acted, Q � 'U 1232513 NOTARY PUBLfC•CALIfO t"ORtM executed the instrument. N SAN MATE,COUNTY ,: A COMM.EXP.AUG.19,2063'+ WITNESS my hand and official seal. I i Signature o ry P lic :S OPTIONAL ; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ; fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ) Individual X ❑ Corporate Officer ❑ Corporate Officer X Title(s): Title(s): ❑ Partner—C Limited ❑ General ❑ Partner—:1 Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ? ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservators Other: Top of thumb here ❑ Other: Top of thumb here I Signer Is Representing: Signer Is Representing: I, C 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 1 CALIFORNIA ALL-PURP . ACKNOWLEDGMENT State of County of S r^n (Y)a t , On before me, - J v Ann t41 1 Af )j �'► 'sic j �wy��`t- Date Name and Title of Officer e. {{ g.," ne Doe,Notary ublic") personally appeared S rr1VPJ) p /t}0OQ�_ 'Name(Vot Signers) ❑ personally known to me-OR- roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ; his/her/their si_gnature(s) on the instrument the person(s), OFFICIAL SEAL or the entity upon behalf of which the person(s) acted, JO ANN MRCS 0) executed the instrument. r' NOTAIIY PUBLIC-"AIIIA • COMMISSION*1218422 C 0j,8,2003 WITNESS my hand and official seal. MY Signature of Notary Public OPTION Though the information below is not required bylaw,it may prove va ble to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 9�J Description of Attached Document Title or Type of Document: S Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ) ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ? Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here i Signer Is Representing: Signer Is Representing: X 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7164•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-11 U CALIFORNIA ALL-PURPCO ACKNOWLEDGMENT State of County of On before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") ,) personally appeared Name(s)of Signer(s) ❑personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), S or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public <S OPTIONALS Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. C Description of Attached Document Title or Type of Document: Document Date: Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ) ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ? Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee [IGuardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here i� Signer Is Representing: Signer Is Representing: 01995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 Recorded at the request of Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: Mr. L. Craig Britton GRANT OF REAL PROPERTY, RESERVATION OF EASEMENTS, DECLARATION OF RESTRICTIONS AND RESERVATION OF A RIGHT OF FIRST REFUSAL RECITALS A. WHEREAS, the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district(referred to herein as "District") is the owner of that certain real property known as the Windy Hill Open Space Preserve(hereinafter the "Windy Hill") situated in the Town of Portola Valley, County of San Mateo, State of California; and B. WHEREAS,District desires to convey and ROBERT J. SLOBE(referred to herein as "Slobe"), a married man, desires to acquire, as his sole and separate property, a portion of Windy Hill (hereinafter, "Parcel 1") as more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference, and also an easement appurtenant to Parcel 1, consisting of thirteen(13)plots of land (hereinafter, "Parcel 2"), across,through and over Windy Hill, as more particularly described in Exhibit "B," attached hereto and incorporated herein by this reference. Collectively,Parcel 1 and Parcel 2 are referred to herein as the "Property"; and C. WHEREAS, District desires to reserve a right of first refusal to acquire the Property on the terms and conditions as more specifically set forth herein; and D. WHEREAS, District desires to reserve an easement to utilize any driveway which may be constructed on Parcel 1 for maintenance and patrol purposes as more specifically described herein; and E. WHEREAS, District desires to reserve an easement for a public trail and riparian corridor easement(herein, the "Trail Easement,")in, through, and over Parcel 1 as more particularly described in Exhibit "C," attached hereto and incorporated herein by this reference; and F. WHEREAS, it is the desire of District and Slobe to limit the use of Parcel 1 in certain respects as more particularly described herein. 1 NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged,District grants all of its right,title and interests in the Property to Slobe subject to the following terms and conditions: Article I RESTRICTIONS ON PARCEL 1 Parcel 1 shall be subject to Development Restrictions as follows: 1. Slobe covenants and agrees that he shall not divide or subdivide Parcel 1 or otherwise transfer or convey(other than a transfer resulting from the condemnation and taking of Parcel 1) any portion of or interest in such property less than the whole to one or more parties, or convey Parcel 1 to two or more parties, each of whom acquires title to less than the whole of Parcel 1; provided, however,that the foregoing limitations shall not prohibit a transfer or conveyance of Parcel 1, in its entirety,to two or more parties(including Slobe)who acquire title as joint tenants,tenants in common or-community property. As used herein "party" means and includes any person, corporation, partnership or other legal entity capable of holding title to real property. 2. Slobe agrees that he(and any and all successors to his interest in Parcel 1) shall be limited in the development of Parcel 1 to the development of a single family residential site, including one or more ancillary structures(including, but not limited to, garage,barn, guest house, pool, caretaker's residence, tennis court, etc.), consistent with the rules and regulations of the Town of Portola Valley, as the same may exist from time to time. Article II PARCEL 2 -DRIVEWAY EASEMENT The Easement shall be non-exclusive, and the District shall have the right to use the Easement for its purposes, including patrol and maintenance, so long as such use is not inconsistent with Slobe's use of the Easement. District may connect any realigned road which it may construct on its properties to such extended driveway in consultation with Slobe. The District or Slobe shall have the right to designate a substitute alternative access driveway route consisting of a valid legal driveway from Alpine Road or any other equally suitable location for access to Parcel 1 (with the location to be acceptable to the non-requesting party),with the survey and installation costs of such alternative driveway to be borne by the party requesting such alternative access route. In the event that District or Slobe does designate and construct such alternative driveway, the Easement designated as Parcel 2 herein shall be deemed relinquished and terminated in favor of such replacement easement,with such replacement easement becoming the "Easement" for all purposes hereof(District shall similarly have the right to use such replacement driveway for purposes of patrol and maintenance with respect to its properties). In such event, Slobe shall execute and deliver a Quitclaim Deed extinguishing that portion of the Easement no longer required and District shall execute and deliver a grant of easement over such additional portion of Windy Hill as is reasonably necessary for such alternative driveway alignment. 2 s Article III RESERVATION OF TRAIL EASEMENT ON PARCEL 1 District hereby reserves unto itself a public trail/riparian corridor easement, approximately thirty(30)feet in width(to consist of an improved trail of up to ten(10)feet in width and buffer zones approximately ten(10)feet in width on each side of the trail), for public pedestrian, equestrian and non-motorized conveyance use across the area generally designated as "Trail Easement" on the Map attached hereto as Exhibit "C", which easement may serve to extend the Town of Portola Valley's "Eagle Trail." The exact location of such easement shall be acceptable to Slobe. The.designation of the Trail Easement shown on Exhibit "C" shall be an acceptable description of said easement until such time as a survey and/or a more accurate legal description may become necessary and be completed. In such case, the resulting legal description will then merge with and be incorporated into this Grant Deed, and will supersede and replace the description of the Trail Easement contained in Exhibit "C". In such case the parties hereto shall execute and record a Certificate of Correction of Legal Description, as necessary, to substitute the more accurate legal description for the description of the Trail Easement contained in Exhibit "C". In the event any one or more surveys are necessary for District's and/or the Town of Portola Valley's use, such surveys shall be conducted by and paid for by District and/or the Town of Portola Valley. However, any surveys requested by Slobe solely for his own use shall be paid for by Slobe. Article IV RESERVATION OF A RIGHT OF FIRST REFUSAL Except as to that certain offer of Dirk and Charlene Kabcenell to purchase the Property from Slobe, dated September 26, 1999, District reserves a right of first refusal to purchase the Property. Before there can be consummation of any sale or transfer of all or any portion of the Property(excluding any conveyance and reconveyance to any parent, sibling, child, grandparent or grandchild of Slobe, provided that any such family member shall take his or her interest in the Property subject to the District's right of first refusal with respect to any and all future transfers of such interest by such family member), Slobe shall first offer said Property or part thereof to District in the following manner: 1. Upon receipt by Slobe of a bona fide offer by a third party to purchase said property (which bona fides shall be subject to verification by District), Slobe shall deliver to District at its principal place of business, by mail or other appropriate means, a notice in writing, accompanied by a copy of such offer, which shall set forth the price, terms and conditions of such offer, and a statement of Slobe's intention to accept such offer. If the notice states that all cash will be received by Slobe, then the District shall have the prior right to purchase the Property for cash in an equal amount to such offer. If the notice states that consideration other than cash is to be received, the District shall have the right to purchase said property for an aggregate purchase price equal to the fair market value of the Property. In such case, the notice shall state Slobe's estimate of such fair market value, which estimate shall be conclusively binding upon Slobe. However,District may dispute such fair market value, in which case the parties shall thereafter attempt in good faith to reach agreement. If no 3 agreement is reached within ten(10) days,the parties shall attempt to agree upon the appointment of an independent appraiser or, failing that within an additional 10 day period, they shall each appoint an appraiser and the two appraisers shall, within an additional 10 days, select an independent appraiser to determine such fair market value. The determination of said independent appraiser shall be binding on both parties and the cost of the appraisal shall be borne equally between the parties. Within twenty-one(21) days after District receives Slobe's written notice and the determination of the price is completed (by appraisal if necessary), District shall have the prior right to elect to purchase said property at a price equal to the all cash offer of such third party or such fair market value, as applicable; provided, however, that the purchase must be consummated by the District not later than six (6) months after its election to exercise its right of first refusal(unless any further delays are caused by default or breach on the part of Slobe). Such right may be exercised by delivery in writing by mail or other appropriate means to Slobe of a notice of exercise of right to purchase. In the event that District so elects to purchase the Property and the third party offer is not all cash,the District shall be required to pay cash at the closing thereof in an amount equaling or exceeding(at its option)the amount of cash proposed to be received at close from the proposed third party purchaser. The remainder of such purchase price shall be paid by delivery of a secured promissory note issued by the District, secured by the Property, having a term not exceeding ten(10)years(at District's option) and bearing interest at a rate equal to the then current rate of interest being given on similar notes, with accrued interest being paid quarterly and the entire principal amount at maturity. In the event of any dispute as to the appropriate interest rate, the parties agree to submit the matter to arbitration pursuant to the rules of the American Arbitration Association, with the arbitration to be conducted in Palo Alto, California. 2. If the District notifies Slobe that it does not wish to exercise the right of first refusal or if the right is not exercised within the twenty-one(21) day period, Slobe shall be free to sell Slobe's property to such purchaser,but only at the price and upon the terms and conditions stated in the aforementioned notice, providing that said offer results in a valid transfer or sale of said property within six(6)months of the District's failure to exercise its right of first refusal. Any transfer or sale after the end of the six(6)month period or any material change in the terms of the sale from those set forth in said notice shall require that a new notice be delivered and shall give rise to the purchase rights of District and procedures set forth in this Grant of Right of First Refusal. A waiver by District of one such opportunity to purchase shall not be deemed a waiver of any future right to purchase, it being the intent and agreement of the parties that the right of first refusal hereby granted shall run with Parcel 1 in perpetuity. 3. In the event District exercises the right of first refusal as provided hereinabove, Slobe agrees to deliver the Property free and vacant of all persons and personal property at the close of escrow, and Slobe, on behalf of himself, his heirs, successors and assigns, hereby specifically waives and releases District from any and all claims, by whatever name known, including, but not limited to claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 and following; and Slobe agrees to hold District harmless and reimburse District for any and all liability, losses and expenses occasioned by reason of any and all of such claims. 4 Article V MISCELLANEOUS PROVISIONS It is further agreed that all of the agreements, covenants, conditions and restrictions contained in Articles I, II, III and IV above shall be binding upon Slobe, his successors and assigns, lessees and any and all other persons acquiring all or any portion of or interest in the Property that is subject to the provisions of the Development Restrictions and the Reservation of a Right of First Refusal, whether by operation of law or in any other manner whatsoever. All of the reservations, agreements, covenants, conditions and restrictions contained in this instrument are for the benefit of(i)the District, its successors and assigns and, (ii)Windy Hill Open Space Preserve. All of the provisions hereof shall be covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. It is expressly agreed that each agreement, covenant, condition or restriction contained herein to do or refrain from doing any act on the Property: a) Is a burden upon Parcel 1 and each portion thereof and interest therein that is subject to the provisions of this instrument, and b) Shall be binding upon each successive owner during its ownership of Parcel 1 or portion thereof or interest therein, derived in any manner. Nothing herein shall be deemed to create a right of action in any other person or entity other than District, its successors and assigns. TO HAVE AND TO HOLD unto Slobe, his successors and assignees forever. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and to be effective as of the date of final execution by District in accordance with the terms hereof. "SLOBE" ROBERT J. SLOBE Date: 5 "DISTRICT" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Approved as to Form: By: Date: Susan M. Schectman General Counsel Recommended for Approval: By: Date: L. Craig Britton General Manager Approved and Acceted: By: Date: Jed Cyr President, Board of Directors Attest: By: Date: Peggy Coats District Clerk 6 EXHIBIT"A" -PARCEL 1 20.01 Acre Parcel PORTION OF PARCEL 1, as shown on that certain map entitled "PARCEL MAP OF CORTE MADERA", which map was filed in the office of the Recorder of the County of San Mateo, State of California, on January 27,1981 in Book 50 of Parcel Maps at pages 79 through 84, more particularly described as follows; BEGINNING at a point in the general Southerly boundary line of said Parcel 1, said point being the Southerly terminus of course No. 174,which course has a bearing of South 27°05'40" West and a distance of 124.25 feet;thence from said Point of Beginning along the general Southerly boundary line of said Parcel 1, South 42°11'40'West 96:49;thence South 19°02'40" West 76.00 feet;thence South 39°28'40'West 83.93 feet;thence South 51°05'40" West 37.67 feet;thence North 1703612011 West 168.53 feet;thence North 00053'40"East 128.21 feet; thence North 81°12'41" West 173.62 feet;thence South 8601711911 West 122.52 feet;thence North 66°27'41" West 153.31 feet;thence North 85012'41" West 90.41 feet;thence North 32°57'41"West 183.45 feet;thence North 84°27'41" West 152.00 feet;thence South 87°02' 19"West 109.04 feet; thence leaving said Southerly boundary line,North 1000'00"East 659.39 feet;thence South 75038' 16"East 509.27 feet; thence North 20025' 32" East 415.31 feet;thence South 55053' 14" East 688.49 feet;thence South 37°14' 04" West 720.28 feet;thence South 50000'00" East 420.00 feet to the Point of Beginning. containing 20.01 Acres+/- 7 EXHIBIT B-PARCEL 2 Private Driveway Easement over Open Space (page 1) All that certain real property situate in the Town of Portola Valley, County of San Mateo, State of California, described as follows: Parcel 2-Plot 1 A strip of land the uniform width of twenty five(25.00)feet, lying 12.50 feet on each side of the following described line: Commencing at a point in the Easterly line of Parcel 1 as shown on that certain parcel map filed January 27, 1981 in the office of the Recorder of San Mateo County in Book 50 of Parcel Maps, at page 79, said point being the Southerly terminus of"Course 139" on the Southwesterly Right of Way line of Portola Road, an eighty(80.00)foot wide road, as shown on said parcel map and said point also being on the arc of a 600.00 foot radius curve to the Right as shown on said parcel map, the tangent of which bears North 35°57'25"West;thence along said Right of Way line, the following two(2)courses: (1)along "Course 139" and along the arc of said curve through a central angle of 09°50'25" the chord of which bears North 31002'12"West 102.92 feet to the Southerly terminus of"Course 140" as shown on said parcel map; and(2) along "Course 140" North 26°07'00" West 130.84 feet to the True Point Of Beginning for the herein described line; thence from said TRUE POINT OF BEGINNING, leaving said "Course 140" and leaving said Right of Way line, along the herein described line, the following eleven(11) courses: (1) South 42039159" West 676.36 feet; (2) South 47050131"East 11.41 feet to a 100.00 foot radius curve to the Right; (3) along the arc of said curve through a central angle of 21032'33" the chord of bears South 37004'14"East 37.38 feet; (4) South 26017 58"East 136.20 feet to a 500.00 foot radius curve to the Left; (5) along the arc of said curve through a central angle of 03005'06" the chord of bears South 27°50'31" East 26.92 feet; (6) South 29°23'04"East 222.40 feet to a 500.00 foot radius curve to the Left; (7) along the arc of said curve through a central angle of 06002'45" the chord of bears South 3202427" East 52.74 feet; (8) South 3502549" East 105.84 feet to a 2000.00 foot radius curve to the Left,(9)along the arc of said curve through a central angle of 00046'36" the chord of bears South 35049'07" East 27.11 feet; (10) South 36012'25"East 169.73 feet to a 400.00 foot radius curve to the Right; and(11)along the arc of said curve through a central angle of 23°12'47" the chord of bears South 2403602"East 160.95 feet to a point hereinafter referred to as Point "A' and to the terminus for the herein described line. Continued on Page 2 8 EXHMIT "B" -PARCEL 2 Private Driveway Easement over Open Space (page 2 - continued from Page 1) Parcel 2-Plot 2 A strip of land the uniform width of thirty two and one half (32.50) feet, lying 12.50 feet Westerly of and 20.00 feet Easterly of the following described line: Beginning at the aforementioned Point "A"; thence from said POINT OF BEGINNING, along the herein described line, the following ten(10)courses: (1) South 12059138"East 76.72 feet to a 200.00 foot radius curve to the Left; (2) along the arc of said curve through a central angle of 07°16'41" the chord of bears South 1603T59"East 25.39 feet; (3) South 20016119" East 265.30 feet to a 200.00 foot radius curve to the Right; (4)along the arc of said curve through a central angle of 12°50'18" the chord of bears South 13*51'10" East 44.72 feet; (5) South 07°26'01"East 56.76 feet to a 200.00 foot radius curve to the Left; (6) along the arc of said curve though a central angle of 23°16'09'the chord of bears South 19°04'06"East 80.67 feet; (7) South 30042'10"East 46.26 feet to a 400.00 foot radius curve to the Right; (8) along the arc of said curve through a central angle of 2704 V50" the chord of bears South 16051'l5" East 191.49 feet, (9) South 03000120" East 67.56 feet to a 150.00 foot radius curve to the Left; and(10) along the arc of said curve through a central angle of 42023'56" the chord of bears South 24°12'18"East 108.48 feet to a point hereinafter referred to as Point "B" and to the terminus for the herein described line. Parcel 2-Plot 3 A strip of land the uniform width of twenty five (25.00) feet, lying 12.50 feet on each side of the following described line: Beginning at the aforementioned Point "B";thence from said POINT OF BEGINNING, along the herein described line, the following eight(8) courses: (1) South 45°24'16" East 47.98 feet to a 300.00 foot radius curve to the Right; (2) along the arc of said curve through a central angle of 16*41'59" the chord of bears South 37*03'17"East 87.13 feet; (3) South 28042'17" East 34.05 feet to a 600.00 foot radius curve to the Right; (4) along the arc of said curve through a central angle of 29°41'28" the chord of bears South 13°51'33"East 307.46 feet; (5) South 00°59'11" West 42.21 feet to a 250.00 foot radius curve to the Left; (6) along the arc of said curve through a central angle of 42°27'13" the chord of bears South 20°14'26" East 181.03 feet; (7)South 410- 28'02"East 91.72 feet to a 300.00 foot radius curve to the Right; and (8) along the arc of said curve through a central angle of 06007'14" the chord of bears South 38024125" East 32.03 feet to a point hereinafter referred to as Point "C", to a 300.00 foot radius curve to the Right and to the terminus for the herein described line. Continued on Page 3 9 EXHIBIT "B" -PARCEL 2 Private Driveway Easement over Open Space (page 3 -continued from Page 2) Parcel 2-Plot 4 A strip of land the uniform width of thirty two and one half (32.50) feet, lying 12.50 feet Westerly of and 20.00 feet Easterly of the following described line: Beginning at the aforementioned Point "C";thence from said POINT OF BEGINNING, along the herein described line, the following two (2) courses: (1)from a tangent that bears South 35°20'48" East, along the arc of the aforementioned curve through a central angle of 04'19'01" the chord of bears South 33*11'18" East 22.60 feet; and(2) South 31°01'47"East 55.58 feet to a point hereinafter referred to as Point "D",to an 85.00 foot radius curve to the Right and to the terminus for the herein described line. Parcel 2 -Plot 5 A strip of land the uniform width of twenty five (25.00)feet, lying 12.50 feet on each side of the following described line: Beginning at the aforementioned Point "D";thence from said POINT OF BEGINNING, along the herein described line, along the arc of the aforementioned curve through a central angle of 37°36'20" the chord of bears South 12°13'37" East 54.79 feet to a point hereinafter referred to as Point "E",to an 85.00 foot radius curve to the Right and to the terminus for the herein described line. Parcel 2-Plot 6 A strip of land the uniform width of thirty two and one half (32.50) feel lying 12.50 feet Northwesterly of and 20.00 feet Southeasterly of the following described line: Beginning at the aforementioned Point "E"; thence from said POINT OF BEGINNING, along the herein described line, from a tangent that bears South 06°34'33" West, along the arc of the aforementioned curve through a central angle of 63°27'30" the chord of bears South 38°18'18" West 89.40 feet to a point hereinafter referred to as Point "F", to an 85.00 foot radius curve to the Right and to the terminus for the herein described line. Continued on Page 4 10 EXHIBIT "B" -PARCEL 2 Private Driveway Easement over Open Space (page 4 -continued from Page 3) Parcel 2-Plot 7 A strip of land the uniform width of forty two and one half (42.50) feet, lying 12.50 feet Northerly of and 30.00 feet Southerly of the following described line: Beginning at the aforementioned Point "F";thence from said POINT OF BEGINNING, along the herein described line, from a tangent that bears South 70°02'03" West, along the arc of the aforementioned curve through a central angle of 28°04'21" the chord of bears South 84004'14" West 41.23 feet to a point hereinafter referred to as Point"G" and to the terminus for the herein described line. Parcel 2-Plot 8 A strip of land the uniform width of forty seven and one half (47.50) feet, lying 12.50 feet Northerly of and 35.00 feet Southerly of the following described line: Beginning at the aforementioned Point "G"; thence from said POINT OF BEGINNING, along the herein described line, North 81°53'36" West 123.19 feet to a point hereinafter referred to as Point "H", to a 75.00 foot radius curve to the Left and to the terminus for the herein described line. Parcel 2-Plot 9 A strip of land the uniform width of seventy (70.00) feet, lying 20.00 feet Northwesterly of and 50.00 feet Southeasterly of the following described line: Beginning at the aforementioned Point "H"; thence from said POINT OF BEGINNING, along the herein described line, along the are of the aforementioned curve through a central angle of 126°21'24" the chord of bears South 34°55'42" West 133.86 feet to a point hereinafter referred to as Point'I'and to the terminus for the herein described line. Continued on Page 5 11 EXHIBIT "B" -PARCEL 2 Private Driveway Easement over Open Space (page 5 -continued from Page 4) Parcel 2-Plot 10 A strip of land the uniform width of seventy five (75.00) feet, lying 25.00 feet Westerly of and 50.00 feet Easterly of the following described line: Beginning at the aforementioned Point T;thence from said POINT OF BEGINNING, along the herein described line, South 28°15'00"East 40.00 feet to a point hereinafter referred to as Point "J" and to the terminus for the herein described line. Parcel 2-Plot 11 A strip of land the uniform width of fifty (50.00) feet, lying 25.00 feet on each side of the following described line: Beginning at the aforementioned Point "J"; thence from said POINT OF BEGINNING, along the herein described line, South 28°15'00"East 188.92 feet to a point hereinafter referred to as Point "K", to a 150.00 foot radius curve to the Right and to the terminus for the herein described line. Parcel 2-Plot 12 A strip of land the uniform width of thirty seven and one half (37.50) feet, lying 25.00 feet Westerly of and 12.50 feet Easterly of the following described line: Beginning at the aforementioned Point "K"; thence from said POINT OF BEGINNING, along the herein described line, along the arc of the aforementioned curve through a central angle of 77°49'12" the chord of bears South 10039'36" West I88.43 feet to a point hereinafter referred to as Point "L", to a 150.00 foot radius curve to the Right and to the terminus for the herein described line. Continued on Page 6 12 EXHIBIT "B" -PARCEL 2 Private Driveway Easement over Open Space (page 6 -continued from Page 5) Parcel 2-Plot 13 A strip of land the uniform width of fifty (50.00) feet, lying 25.00 feet on each side of the following described line: Beginning at the aforementioned Point "K", thence from said POINT OF BEGINNING, along the herein described line, the following four(4)courses: (1)from a tangent that bears South 49°34'12" West, along the arc of the aforementioned curve through a central angle of 10°29'29" the chord of bears South 54°4856" West 27.43; (2) South 60003141"West 100.53 feet to a 150.00 foot radius curve to the Right; (3)along the arc of said curve through a central angle of 24°59'27" the chord of bears South 72°33'25" West 64.91 feet, and(4)South 8500310811 West 55.95 feet to the terminus for the herein described line, from which the Southerly terminus of "Course 174' on the Southerly line of aforementioned Parcel 1 bears, the following three(3) courses: (1) South 55053'14" East 190.06 feet; (2) South 37014104" West 720.28 feet, and(3) South 50000'00" East 420.00 feet. 13 EDIT C-TRAIL.EASEMENT � LL v ll� w < 5 5 r141 (kr Tv k,e 0 14 •`ti1th MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Windy 1 %plen ' Space Frew, u ,: \% PROPOSED)` `PARKING or af t� , �� :�� '_�, .• , „ PORTOLA VALLEY'. ,- f i � �� \ \i'-!ice '��/ - .. r1✓__\ „ �G `� .� :,•=-� ram—,.' •• !TG( � Golif j ��;r�\ 1 `_� •'' .tip o'� - \ ��i DRLVEWAY^EASEMENT — 5! `'asp- •�`�—�^_,� _ �� \ , .' . y n PARCEL I: 429± ACRES `. d `� •• •`;. ;BEING ACQUIRED DISTRICT. _ , DRIVEWAY ` 'i� —�- � � •--��r--:,�-''i----y_� ��; C O •� EASEMENT : 'EXTENSION? " 33� 1 PARCEL II 20 WINDY HILL te ACRES ' `JO BE RETAINED BY SLOBE i� OPEN SPACE PRESERVE EAGLE TRAIL ��._ v EASEMENT 41 ` �✓f�, .f � �� ./j .-- r .t/�J Fig-•/ ` ---�i-•� �.f kit •tp�• 'I� / � � }'.ar: h�i\.. � ' fir ,�, — "� ��,�� Jul . B M 1865 r 'e�Iadera lb .J�-•�Rr ./ yy - /, f AVit 41 SKYLINE BOULEVARD1 MILE , " Regional Open , . ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-135 Meeting 99-25 October 13, 1999 AGENDA ITEM 2 AGENDA ITEM Conceptual Approval of an Alternate Driveway Alignm t from Alpine Road to Serve the 20- Acre Slobe Property Adjacent to Windy Hill Open Sp Preserve GENERAL MANAGER'S RECOMMENDATION Approve, in concept, the alignment and bridge for an alternative access driveway to serve the adjacent 20-acre Slobe property. HISTORY In July 1987, the District purchased 429 acres from Mr. Robert J. Slobe as an addition to Windy Hill Open Space Preserve (see report R-87-122, dated July 17, 1987). The 429-acre parcel was created by the subdivision of a 449-acre parcel into two parcels. The 429-acre parcel was added to the preserve and a 20-acre parcel was retained by Mr. Slobe for the purposes of developing a single-family home site. As part of the purchase agreement, a driveway easement to access the 20-acre parcel was retained along the existing driveway from Portola Road. The driveway easement was granted as a floating easement, until such time as a geologically stable access road alignment could be determined and the alignment fixed. Mr. Slobe recently entered into a purchase agreement to sell the 20-acre parcel to Dirk and Charlene Kabcenell. In order for Mr. Slobe to complete his transaction, he needs to meet a number of conditions requested by the Kabcenells. Finalizing the driveway alignment from Portola Road is one of the necessary conditions requested by the Kabcenells. The purchase agreement between the District and Mr. Slobe allowed for consideration of an alternative driveway access from Alpine Road to serve the 20-acre parcel. At the request of either the District or the owner of the 20-acre parcel, the Portola Road access could be replaced with a driveway from Alpine Road. The party pursuing the alternative alignment would be responsible for all associated development costs. As with the approved Portola Road alignment, the District would retain the right to full use of the driveway for trail use and to patrol and maintain the preserve. DISCUSSION The Kabcenells expressed an interest in pursuing the alternative driveway from Alpine Road earlier this spring. In order to determine the likely position of the Town of Portola Valley staff and Planning Commission on the proposal prior to the design phase of the project, an informal workshop was held on site in May. In attendance were District and Town of Portola Valley staff, the Town's Planning Commission, and Director Crowder. Comments received at the "30 Diste Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 e E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-99-135 Page 2 meeting indicated that Town staff and Planning Commission would be willing to consider the alternative alignment from Alpine Road. The proposed alternative driveway route enters the preserve from Alpine Road at an existing gate near the junction of Alpine Road and Willowbrook Drive. The alternate route requires the construction of a 120-foot vehicle bridge spanning Corte Madera Creek, and about 1,300 feet of new baserock or asphalt surfaced road construction on the preserve (see attached map). The remainder of the driveway will utilize existing patrol roads and trails on the preserve for a total length of about 2,100 feet; these roads and trails will need to be widened to accommodate vehicle access. In addition, several trails may need to be realigned or relocated. The Town of Portola Valley's driveway standards also require roadside turnouts at regular intervals to enable vehicles to pass one another. The proposed driveway would have six such turnouts; each turnout is approximately 80 feet long. A turnout would be located at either end of the proposed bridge to allow a clear line-of-sight for preserve visitors and vehicle operators, prior to travelling onto the bridge decking. Detailed engineered drawings of the alignment will be available at the meeting for your review. At your May 26, 1999, meeting, you granted the Kabcenells a permit-to-enter to complete a topographic survey and conduct geological and geotechnical testing to determine the feasibility of developing the route. The geological work required trenching on either side of Corte Madera Creek to attempt to determine if a suspected fault trace was actually located within the area of the bridge crossing Corte Madera Creek. The trenching investigation indicated the absence of a fault trace in the immediate area that was triggered by the 1906 earthquake. The field investigation identified another fault trace in the exposed creekbank of Corte Madera Creek. The geologist determined that the exposed fault trace was not activated by the 1906 earthquake, however, it does affect where the bridge is situated in its span of Corte Madera Creek. The proposed bridge location has been reviewed by the Town of Portola Valley geologist to his satisfaction. The removal of trees to accommodate the bridge and driveway has been kept to a minimum. Staff reviewed the alignment on-site to assure that the greatest number of trees could be retained and the driveway would have a minimal impact on the preserve. Four trees will need to be removed in the creek crossing area. The creek crossing will require the removal of two oaks; one is 18" in diameter, the other is 32". A 16" bay and 14" maple will also need to be removed. Three of the trees are surrounded by similar trees and therefore their loss is not deemed significant. The 32" oak currently stands alone and is a nice representative of its species. It is located at the center of the northwestern bridge landing. Due to the fault trace location in the exposed creekbank which was mentioned earlier, moving the bridge to avoid this tree is not an option without adding significant length to the bridge. Staff agreed with the Kabcenells and their consultants that lengthening the bridge was not desirable. R-99-135 Page 3 Staff supports the Alpine Road driveway alignment for the following reasons. It would: 1. Lessen the Potential for Trail User/ Private Vehicle Conflicts With the new Portola Road parking area serving as the primary access to the Windy Dill Open Space Preserve, staff anticipates an increase in all uses of the preserve. In particular, staff anticipates an increase in use of the route between the parking area and the remainder of the preserve. When trail use is combined with private vehicle access, there is an increased potential for user conflicts, and public safety concerns are heightened. Residents of The Sequoias Retirement Community have direct trail access to the Spring Ridge Trail. They are frequent visitors to Sausai Pond and often cross or walk along the road. They tend to have slower reaction times and sometimes do not hear oncoming vehicles. The Alpine Road entrance to the preserve is a secondary access point and receives less public use. Staff believe the use is primarily neighborhood-based. As a result, fewer visitors would be affected and the potential for conflicts would be greatly reduced. 2. Lessen the Length of Improved Road on the Preserve The alternate driveway from Alpine Road would be less than half the length of the route from Portola Road (including the emergency access road). The Portola Road driveway alignment on the preserve is 4,660 feet long. The emergency road is an additional 280 feet, bringing the total length of improved roadway on the preserve to 4,940 feet (0.94 miles). The Alpine Road alternative is 2,140 feet long (0.41 miles) on the preserve (including the bridge). A shorter length of paved roadway translates into less grading required during construction, as well as less impervious surface and less runoff produced. A shorter length of driveway would also lessen the potential for trail user conflicts. The Portola Road driveway alignment introduces a residential driveway across a large section of the preserve; in essence, it slices through a portion of the preserve. The Alpine Road alignment affects a smaller corner of the preserve, with much less impact on preserve visitors. 3... Reduce the Amount of Earthwork Necessary to Construct the Road The Portola Road alignment will require approximately 1,760 cubic yards of cut and 2,770 cubic yards of fill on the preserve. Since the Alpine Road alignment is a shorter road, the amount of earthwork required during construction is less. The Alpine Road alignment will require approximately 1,594 cubic yards of cut and 608 cubic yards of fill. Excavation figures for the bridge footings are not included as they are not yet available. 4. Lessen the Impact of Utilities on the Preserve The Kabcenells have expressed their intent to underground all utilities in the proposed roadway, in the event this alternative alignment is constructed. At the time the tentative subdivision was granted by the Town of Portola Valley, a provision was made to allow overhead telephone and electric service from Alpine Road to serve the parcel. If implemented, the overhead lines would cross the District's trail in the Corte Madera Creek corridor. R-99-135 Page 4 5. Improve the Access from Aline Road for Emergencies and All-Weather Use and Lessen the Day-to-Day Ian pact to the Creek Development of a bridged creek crossing at Corte Madera Creek would improve the current seasonal access to year-round status. This improves emergency vehicle response time, allows for increased patrol of this portion of the preserve, and enables all-weather access to the public, which is believed to be primarily local foot traffic. Currently, the primarily neighborhood public use of this entrance requires hopping across exposed rocks in the creekbed or wading through the creek if the water levels are such that the rocks are covered. Bicycles and horses currently ford the creek. A bridged crossing would be open to public use for safe, all-weather access. The banks of the creek would be protected in that they would not be subjected to preserve visitors searching for a more suitable crossing location during high water conditions. Recent conversations with representatives of California Department of Fish and Game indicate their desire to keep vehicles, foot traffic, bicycles, and horses from fording creeks, where possible. Currently, District field staff has only seasonal access to the Alpine and Willowbrook Road area of the preserve in the event of emergencies. Since the access requires driving through the creek, it is used only in extreme emergency situations. Making this route all-weather accessible would increase the District's ability to provide ongoing patrol to this part of the preserve. In addition, the potential for bank damage and siltation from creekside use would be greatly reduced. Through routes, such as this proposal would create, are preferred because they enable greater patrol coverage of the District's land holdings. Staff believes the fire marshal will also appreciate having vehicle access to this part of the preserve. 6. Lessen the Visual Impact A baserock-surfaced or asphalt paved road extending from the parking area, past Sausal Pond and up toward the private parcel, would have a significant impact on the visual qualities of the preserve. Preserve visitors are accustomed to the rural character of the existing road, which is an attractive introduction to the natural remainder of the preserve. Improving it to paved standards would certainly alter the character of the public's introduction to the preserve. The driveway alignment as it approaches the private parcel (through the open meadow) is located slightly lower on the hillside, lessening the visual impact from the surrounding area. However, the visual impact both on the preserve and from neighboring private lands would be reduced with the proposed Alpine Road access route. The bridge crossing would be nearly invisible from Alpine Road, with distant views filtered through the trees. The roadway entrance to the preserve from Alpine Road immediately bends through vegetation that hides it from view. After crossing the bridge, the road may be visible from Alpine Road, but the view would be filtered through the vegetation along the roadway. The trade-off of filtered views outweighs the paved driveway introduction to the preserve that the Portola Road development would offer. R-99-135 Page 5 Drawbacks to the Alternative Driveway Alignment There are some drawbacks to constructing this alternative access route. Probably the greatest impacts of this alignment are environmental and will probably occur in the creek crossing area. The threatened red-legged frog has been found in nearby Sausal Pond. Typically, red-legged frogs breed in standing water such as Sausal Pond, then may travel up to several miles from their breeding area to spend the remainder of their adult lives. Their existence in Corte Madera Creek has not been verified; however it is a possibility. Staff and the consultants for the Kabcenells met with a biological consultant to discuss the recent discovery of red-legged frogs in the area and how to minimize the impact on their local population. The biologist is currently conducting an environmental assessment of the proposed bridge and driveway project. The Kabcenells and their consultants are also designing a creek crossing to minimize the environmental impacts. In accordance with the California Department of Fish and Game, all impacts will be required to be mitigated. The biological consultant currently working on the project has indicated that the impacts can be mitigated. In addition, only one section of Corte Madera Creek will require some sort of bank protection in order to protect the footings of the bridge. The Kabcenell's consultants are currently researching various creekbank-armoring methods, including state-of-the-art bioengineering techniques such as packing the bank with rootwads. This technique is recommended by the California Department of Fish and Game. Some residents have expressed concern over any change to this area of the preserve. They like the creek crossing in its current state, voicing the opinion that it allows people or families with small children to explore the banks of Corte Madera Creek. While some preserve visitors may find this desirable, staff and the California Department of Fish and Game do not support this type of creek access as bank erosion and creek sedimentation result from such use. Recommendation Summary While staff recognize that there is potential for environmental impacts in the area around Corte Madera Creek, they support the Alpine Road alternative. The benefits of the alternative alignment outweigh the drawbacks, and staff continues to support the alternative alignment as the preferred route. The Next Steos If you conceptually approve this project, the Kabcenells intend to move forward with an application for a Site Development Permit with the Town of Portola Valley. If successful, the plans to develop the bridge and alternative driveway will return to you for formal consideration. At the same time, you will be asked to grant an easement for the alternative driveway, and the Kabcenells will abandon all rights to the Portola Road driveway and emergency road through the Sequoias. In addition, since the conservation easement affecting a 50' wide swath of property along the 20-acre parcel's southern and eastern boundaries is directly linked to the emergency road easement, the conservation easement would also be eliminated with the abandonment of the emergency road rights. R-99-135 Page 6 PUBLIC NOTIFICATION A copy of the agenda has been mailed to owners of property adjacent to the preserve. CEOA COMPLIANCE Since you are not being asked to take formal action on the alternative driveway and bridge crossing at this time, CEQA does not need to be addressed in this report. If you approve this issue in concept, the Town of Portola Valley will address the issue of CEQA compliance at the time a formal Site Development Permit is considered for the driveway. The Town of Portola Valley will likely be the lead agency during the CEQA process and no further action will be required by you regarding CEQA. Prepared by: Mary de Beauvieres, Senior Planner Contact person: Same as above WIND10HILL OPEN SPACE IV ESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PROPOSED ALTERNATIVE DRIVEWAY ON (Alpine Rd. Entry) a <" PROPOSED DRIVEWAY 2100 FT. TO BE ABANDONED: 1. DRIVEWAY RIGHTS 4260 FT. 2. EMERGENCY ROAD 280 FT. 3. CONSERVATION EASEMENT 2 AC. FOR OLA VALLEY g ( 'H05)) THE SEQUOIAS sa USd l Pond -o PROPOSED ACCESS \ EMERGENCY ROAD( • ,40 TRAIL TO BE �I RCALIGNEI 120' BRIDGE D (PROPOSED) REALIGNED PROPOSED /101 ............. HOUSE CONSERVATION `'"'� EASEMENT_(5A' WIDE) Regional Open , ice s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-130 Meeting 99-25 October 13, 1999 AGENDA ITEM 3 AGENDA ITEM Authorize Payment in the Amount of$23,301.88 Under Retainer Agreement for Legal Services With the Firm of Miller, Starr, and Regalia GENERAL MANAGER'S RECOMMENDATION Authorize the payment for legal services in the amount of$23,301.88. BACKGROUND At your meeting of January 13, 1999 (see Report R-99-132), you approved a Retainer Agreement for Legal Services with Miller, Starr, and Regalia. Based upon past positive experience, this firm was employed to assist with, and take a major role in the development of, the documents necessary for completion of the Arlie Land and Cattle Company transaction. That transaction was approved by you on March 10, 1999 (see Report R-99-07); the initial escrow closing occurred on Friday, March 12, 1999; and the final closing occurred on July 15, 1999. DISCUSSION Since January 1999, you have approved payments totaling $135,000 for these legal services. The final request for payment in an amount not to exceed $30,000 was approved by you on April 14, 1999 (see Report R-99-62). Unfortunately, in my haste to put the final bill before you, I assumed the District had paid one more $35,000 installment than had actually been tendered toward the bill in my hands at that time. Also, on that packet Friday, the firm accountant was not available and my information was therefore incomplete. Since that time we have asked Miller, Starr, and Regalia for a full accounting of the charges, which have been reviewed by the District's accounting specialist and by District general counsel (see attached chart). We also asked for an additional discount (beyond the initial $7,500) and they agreed to a total discount of$10,084.50. Thus, the net outside legal assistance for the Arlie transaction cost $158,301.88. The District has paid $135,000.00, leaving a balance due of$23,301.88. The total cost is beyond what I anticipated; however, this very complex transaction had to be completely restructured three times before the initial close of escrow, and, even after that, when the District obtained funding assistance from Peninsula Open Space Trust (POST), a second escrow closing in July became infinitely more complicated. A major reason this 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-99-130 Page 2 particular outside firm was selected was due to their specialized expertise in the security aspects of this acquisition (notes and deeds of trust secured a variety of seller obligations and indemnity duties). The additional legal liability protections the District secured as a part of this transaction are proving to be extremely beneficial to the District, as ongoing litigation between the Seller (Arlie) and third parties has now involved the District in depositions and document production. District general counsel has asked Arlie to pay the costs of this discovery and to provide legal representation, and Arlie has done so, saving the District considerable costs. It is therefore my conclusion that the District owes this final amount of$23,301.88. Although this transaction required a great deal of legal service at a considerable cost, it has been an excellent investment given the complicated title, security, and legal exposure elements of this acquisition, and the need to protect the District from incurring any costs as a result of the on- going litigation. Prepared by: L. Craig Britton Contact person: same as above Miller, Starr& Regalia Invoices Date Description Amount Paid Check# Agenda Approved Amt. Agenda Date Accounting Description 1346.50 11/30/98 Beg. Balance-Nov. Fees 47,248.25 12/31/98 Dec. Fees 48,594.75 Total Due @ 12/31/99 8-Jan-99 Retainer sent in 10,000.00 27531 -10,000.00 Payment 35,000.00 13-Jan-99 38,594.75 69,318.65 1/31/99 Jan. Fees 35,000.00 27-Jan-99 107,913.40 Total Due @ 1/31/99 28-Jan-991 Deposit Payment 25,000.00 27622 -25,000.00 Payment 28-Jan-99 Payment 35,000.00 27623 -35,000.00 Payment 47,913.40 35,000.00 1 0-Mar-99 24,230.16 2128/99 Feb. Fees 72,143.56 Total Due @ 02/28/99 1 O-Mar-991 Payment 35,000.00 27946 -35,000.00 Payment 37.143.56 Total Due @ 03/11/99 26,242.82 03/31/99 March Fees -2,500.00 DISCOUNT GIVEN 3/31/99 -7.584.50 DISCOUNT GIVEN 3/31/99 53,301.88 Revised 3/31/99 Statement 30,000.00 14-Apr-99 (Revised-Faxed to us on 4/28/99) 28-Apr-99 Payment 30,000.001 28327 1 1 1 -30.000.00I Payment I I 1 1 23,301.881 Balance Due To Date 135,000.00 Total Paid to Date 158,301.88 Total Billed to Date w/o Interest 23,301.88 Owed to Date w/o Interest Regional Open -, , ace R-99-132 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-36 October 13, 1999 AGENDA ITEM 4 AGENDA ITEM Approval of Payment to Davis Paving, Inc. In An Amou -Not to Exceed $11,012.82 for Repair of Allen Road, La Honda Creek Open Space Pr serve - 6 GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the project is categorically exempt fro the California Environmental Quality Act (CEQA), based upon the findings contained in this report. 2. Approve payment for work to be preformed by Davis Paving, Inc., and authorize the General Manager to execute a purchase order in an amount not to exceed $11,012.82 for the repair of Allen Road at La Honda Creek Open Space Preserve. DISCUSSION District staff was requested by residents along Allen Road to participate in the repair of Allen Road from the junction of Bear Gulch Road to the District's gate at La Honda Creek Open Space Preserve. The original request from the Allen Road neighbors sought a 50% contribution from the District for paving this 1.1 mile section of road. After meeting with staff, the Allen Road homeowners agreed to oil and screen the road, and further agreed that the District's actual use of the road, based on the length of the road used by the District, would be approximately 20% of the total. District use of the road consists of the Enterprise tenant living at the former Dyer residence, District patrol, and public permit use. The total road repair bid is $53,460.00, including a 10% overrun if additional base rock or asphalt is required. The District's portion of these costs is a maximum of$11,012.82, or $10,011.66 if no additional rock or asphalt is required. Allen Road was last repaired around 1985, prior to the District's acquisition of the 250-acre Dyer property in October 1986 as an addition to the La Honda Creek Open Space Preserve (see Report R-86-46). The work includes the patching of low spots and potholes with asphalt, cleaning out around road culverts, and applying two layers of rock and oil screening. This road repair item was anticipated and included in the budget for this fiscal year. Staff believes these road repairs should last another 10 to 15 years. This bill will not be paid until the work is completed satisfactorily. CEQA COMPLIANCE Project Description The project consists of the repair of the Allen Road extension from Bear Gulch Road to the District's gate at upper La Honda Creek Open Space Preserve. 330 Distel Circle • Los Altos,CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton R-99-132 Page 2 CEQA Determination The District concludes that the project will not have a significant effect on the environment. The project is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15304 thereunder. Section 15301 exempts the maintenance and restoration of existing public facilities involving no expansion of use. This project consists of the maintenance and restoration of an existing road. Section 15304 exempts minor public or private alterations which do not involve the removal of mature, scenic trees. This project consists of the restoration of an existing road with a slope of less than ten percent (10%). PUBLIC NOTIFICATION Owners of privately owned properties located adjacent to or surrounding the subject property have been notified of this transaction. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above LA HONDA ,REEK OPEN SPASE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Map Legend � � THDRNEWOO r Gate 07) (LH , QP N Ca POSR / t�6PR ft Trail Distance Private PL �I \ in Miles Allen Road <a_.I l" ;�L. Road. d�Or _ No Public ^` ad Repair �J' Access. lb Trail Bridge private) - 1� ! Vehicle C 0 Driveway EL CORTE DE ` OP S E CREEK OPEN —�^ EN SPACE' —PRESERVE (LHozl lLHoil►�Pres � Roadside Parking _ t 0.2\ Entry 0..5 } \1800 ]""1(LH03) ._...! �� , V. . ., Reslrooms aHIIi\ 2000 Parking by 0.3 �, { I permit only. No cars beyond p `� Z� Caretaker ullout. / 0.2' Bib G4 / Tree �Ptd O 0.6 1 00 Point of Interest F� •J •` 2000 ,400 / 1600 Other Public Lands 1 0.5� � T Vista Point vVV ' Public Entry Privsa.te or Lea d Lands No Public Entry ' - - Trail Use o - Hiking,Equestrian �❑ �� (CL SED REA �o aa. t "' �a Honda S'9S 0.0 0.1 0.2 0.3 0.4 0.5 0.b 0.7 0.8 0.9 1.0 One Mile Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-131 Meeting 99-25 October 13, 1999 AGENDA ITEM 5 AGENDA ITEM Authorization to Contract with Sandra Gimbal for Planning Services on Storm Damage Repairs and Other Planning Projects GENERAL MANAGER'S RECOMMENDATION - Authorize the general manager to execute an agreement with Sandra Gimbal for contract planning services to prepare permit applications, coordinate preparation of bid documents for storm damage repairs to District roads and trails, and other services on planning projects as required, with a maximum contract amount of$25,000 during fiscal year 1999-2000. DISCUSSION During formulation of the fiscal year 1999-2000 work program and budget it was recognized that studies of potential District annexation of the San Mateo County Coast would absorb a significant amount of time from planning staff. To help compensate for this impact, the budget included an allowance for retaining a contract planner on an approximate half-time basis to help complete other planning projects. The budget for these planning services is carried in numerous individual project budgets, and there are also limited funds for services on unanticipated projects. After reviewing several alternatives for obtaining planning services from local firms and individuals, staff focused on the opportunity to retain Sandra Gimbal, a planner with over 15 years professional experience with an East Bay planning and landscape architecture firm. Ms. Gimbal has already started work on a project-specific basis. Staff proposes that she focus on obtaining permits and coordinating planning for the remaining large backlog of storm damage repair projects, and that she also be utilized to help with unanticipated tasks or special assignments. Staff anticipates that the cost for her services will be a maximum of$25,000 through the end of the current fiscal year. Prepared by: Randy Anderson, Planning Manager Contact person: same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org . Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton Regional Open .ice -------------------- _ ----_ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-133 Meeting 99-25 Date: 10-13-99 AGENDA ITEM 6 AGENDA ITEM Renewal of Investment Authority and Annual Statement o Investment Policy GENERAL MANAGER'S RECOMMENDATION 1 1. Adopt the attached resolution to extend the controller's investment uthority until January 15, 2000 2. Adopt the attached investment policy. DISCUSSION The controller's authority to invest temporarily idle funds expired on January 14, 1999, according to the provisions of Resolution 98-01 (see report R-98-03). Currently, all of our cash reserves not held by a trustee are invested through the Santa Clara County pooled investment fund or are in U. S. treasury securities held by Santa Clara County. The attached investment policy permits the District to invest its surplus finds in the Santa Clara County pooled fund, which, by policy, invests in a conservative manner and reports on fund performance monthly, including a full listing of the portfolio. The pool's investment policy has been reviewed by the controller. When short-term interest rates rise, we are sometimes able to earn an enhanced return on our investment funds by investing directly in investments permitted by the Government Code. The attached policy permits the controller to invest surplus District funds directly in such specific investments. Our District policy does not allow any of the practices which crippled Orange County. First, investments may not be leveraged. Second, investments may not include derivatives. Third, the term of new investment may not exceed 180 days. Prepared by: Michael Foster, Controller Sue Schectman, Legal Counsel Contact person: Same as above 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz .Genera!Manager:L.Craig Britton RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A STATEMENT OF INVESTMENT POLICY AND AUTHORIZING THE CONTROLLER TO INVEST SURPLUS FUNDS ALLOWED BY GOVERMENT CODE WHEREAS, the District needs to maximize the yield on surplus temporarily idle funds in order to help meet land acquisition objectives; and WHEREAS, the Chapter 4, Division 2 of Title 5 of the Government Code authorizes the District to deposit and invest surplus funds in investments which, at times, yield interest rates higher than achievable through the Santa Clara County Pooled Fund; and WHEREAS, the District can often improve its yield on surplus funds without sacrificing financial safety flexibility; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby authorize the Controller to invest surplus or temporarily idle funds according to the Investment Goals and Guidelines attached hereto as Exhibit "A" and by reference made a part hereof. Section Two. Before any particular investments the Controller shall consult with the General Manager, or a District employee authorized to act in his/her behalf, to determine anticipated cash flow needs of the District. Section Three. This Resolution supersedes Resolution No. 98-01 adopted January 14, 1998. This Resolution shall no longer be in effect as of January 15, 2000, unless extended in time, and inactive funds shall then be deposited in the Santa Clara County Pooled Investment Fund. EXHIBIT "A" Investment Goals and Guideline GOALS Goal 1. Capitol Preservation The primary goal shall be to safeguard the principal of invested funds. Temporarily idle funds shall be invested in a conservative manner, such that funds can always be withdrawn at, or just above or below, full invested value. Investments that offer opportunities for significant capital gains and losses are excluded. Goal2. Liquidity Temporarily idle funds will be managed so that normal operating cash needs and scheduled extraordinary cash needs can be met on a same day basis. Investments will be sufficiently liquid to provide a steady and reliable flow of cash to the District to insure that all land purchases can be made promptly (within two weeks). Goal 3. Income Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation and liquidity goals and the Government Code. GUIDELINES 1. Determination of Idle Funds The Controller will prepare a complete cash flow projection prior to all investment decisions. This cash flow projection will be reviewed and evaluated by the General Manager. The General Manager is responsible for approving the Controller's designation of the amount of funds not required for the immediate necessity of the District and available for investment. 2. Contingency Reserve A contingency reserve of between $500,000 and $2,000,000 shall be maintained with the Santa Clara County pooled investment fund. The General Manager is responsible for approving the Controller's designation of the size of this contingency reserve. At all times this contingency reserve will be sufficient to satisfy the requirements for all Note Funds. 3. Non-Invested Funds Idle District funds not otherwise invested or maintained with paying agents will be deposited in the Santa Clara County pooled investment fund. 4. Selection of Investments The Controller is responsible for selecting specific investments that fit within the amounts and maturities recommended by the Controller and by the General Manager. The Controller is also responsible for directing security transactions. 5. Investments Instruments Investments shall be limited to those allowed by Government Code Section 53601 et seq. And 53635 et seq. Investments shall not be leveraged. Investments, and "derivatives," that offer opportunities for significant capital gains and losses are excluded. All investment, other than funds held in trust for noteholders and trust funds released after posting surety bonds, shall mature within 180 days. 6. Diversification Investments other than insured or collateralized deposits at banks and savings and loan associations shall be diversified. 7. Marketability For investments other than deposits, the breadth of ownership and number of securities outstanding will be sufficient to establish a secondary market in which investments can be readily converted to cash without causing a material change in their market value. 8. Acceptable Banks Bankers' Acceptances and Negotiable Certificates of Deposit may be purchased only from banks and savings and loan associations with over $1,000,000,000 of deposits and reporting profitable operations. 9. Acceptable Collateral Securities collateralizing bank or savings and loan deposits must be rated "A" or higher. 10. Investments in Name of District All investments purchased shall stand in the name of the District. 11. Reporting The Controller shall report all security transactions to the Budget Committee no later than the next Regular Meeting of the Board of Directors after any transaction has been made. The Controller shall submit a report of the District's investments and security transactions to the Administration and Budget Committee by the fourth Wednesday of each month in accordance with Government Code Section 53607. The Controller will render a quarterly investment report to the Board of Directors as required by Government Code Section 53646. Such reports shall also be submitted to the General Manager and to the District's auditor. The Administration and Budget Committee shall act on behalf of the Board of Directors in receiving reports from the Controller required by Government Code Section 53607. 12. Purchase of Securities Throu hg Bank The Controller is authorized to purchase securities through the investment department of the District's bank. The Bank shall be instructed in writing only to purchase securities in the name of the District and that all matured funds shall be returned to the District's bank account. The Bank shall also be instructed to send receipts for transactions to the General Manager. Regional Open _*ce 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-134 Meeting 99-25 October 13, 1999 AGENDA ITEM 7 AGENDA ITEM Final Adoption of the Preliminary Use and Management Plan for the Eastfield Ming Quong Property Addition to Cathedral Oaks Area of Sierra zul Open Space Preserve, Including an Intention to Dedicate the Property as Public Open S ace GENERAL MANAGER'S RECOMMUVD Adopt the Preliminary Use and Management Plan for the Cathedral Oaks Area of Sierra Azul Open Space Preserve with an amendment indicating your intention to dedicate the Eastfield Ming Quong property as public open space. DISCUSSION At your meeting of September 8, 1999, you approved the acquisition of the 40.56 acre Eastfield Ming Quong property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve (see report R-99-122). The tentative adoption of the Preliminary Use and Management Plan called for the property to be withheld from dedication. Following Board approval of this item, a representative from Eastfield Ming Quong contacted staff requesting that the District dedicate this property as public open space. Eastfield had received this property as a gift to benefit their charitable organization. The Eastfield representative indicated that they agreed to sell the property to the District with the understanding that the property would remain as open space in perpetuity. Therefore, staff is recommending that you amend the Preliminary Use and Management Plan and indicate your intention to dedicate this property as public open space. The remaining Preliminary Use and Management Plan recommendations in the acquisition report remain unchanged. Also, this is not a CEQA project, and, therefore, no additional finding is recommended. PUBLIC NOTIFICATION Owners of privately owned property located adjacent to or surrounding the subject property have been notified of this proposed action. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above 330 Distel Circle . Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org a Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz 9 General Manager:L.Craig Britton SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Open Space Preserve r i1 l ,,KENNEDY-LIMEKILNjREA Almade" i •� 0 M UMUNHW AREA�� APPROVED ACQUISITION / r i ) J (Eastfield Ming Quong Inc. +/-40.56 AC.) (' \ Tt / . �l >a Kam- C-ATHEDRAL�OAKSEA�. 0.2 0 0.2 0.4 Miles (( A EXHIBIT A: PROPERTY LOCATION MAP . . _w MIDPENINSUEA REGIONAL OPEN SPACE E)ISIRKA R-99-136 Meeting 99-25 October 13, 1999 AGENDA ITEM 8 AGENDA ITEM Authorize the General Counsel to Give Written Notice to the Los Gatos Country Club, LLC, That the Amended Claim of September 9, 1999, Was Untimely Filed and is Being Returned Without Further Action GENERAL COUNSEL'S RECOMMENDATION Authorize the General Counsel to provide the required notice and return the claim without further action. DISCUSSION On March 8, 1999, Los Gatos Country Club,Pietro DeNevi, and Baseline Development Co. filed a claim with the District alleging that the District had wrongfully induced Arlie Land and Cattle Company to breach a purchase agreement with the claimants which resulted in an alleged loss to the claimants of the property which is now the Bear Creek Redwoods Open Space Preserve. Arlie Land and Cattle Company is the former owner of that property. On April 14, 1999, the Board denied this claim and the claimants were notified of this denial on April 26, 1999. Arlie Land and Cattle Company and the claimants are currently involved in litigation concerning the property due to the claimants' contention that Arlie breached its prior purchase agreement with them. District staff have been involved the past few weeks in responding to subpoenas for documents and deposition notices. The District has not been named as a party. On September 9, 1999, Los Gatos Country Club filed a supplemental claim with the District. This claim is substantially the same as its March 8, 1999, claim, except that a new paragraph has been added which alleges that the District entered into a contract with Arlie to purchase the property on March 10, 1999. This claim was not filed within six months of the events which are the subject of the claim, as required by law. In addition, no application to file a late claim was filed as required by law. Accordingly, General Counsel recommends that the claimants' September 9, 1999, claim be deemed to be untimely filed and returned to the claimants without further action. Prepared by: Duncan Simmons,Research Attorney Contact Person: Susan Schectman Duncan Simmons W I)1�40 Cii(k, - Los Ahos, CA 94022-1404 - Phone: 0-)0 091-1 200 FAX: (6)0-091-0485 F mail: mros�l<>openspace.or� Weh site: tititiv.nlerasl7ac _{>r1, H,,,wl of 17mq wl, Pew" ilwil" Marti Jed( vi, t)emne Little,Nonetle I1,inko, Bel,v ( omle r Konneth Nil/ Gwxv it ihfm,,ci I.t I'm HWI T� Regional Open Space Y MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors I From: C. Britton, General Manage Date: October 13, 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 4 Regional enfaceg PF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL NOTICE — BENEI,IT PLAN CHANGES ...OPEN ENROLLMENT PERIOD IS EXTENDED TO: All Regular District Employees FROM: Deirdre Dolan DATE: September 27, 1999 Santa Clara County has just informed us of changes that will be made to the medical,dental,and vision plans effective November 1, 1999. These changes will effect the monthly premium rates for these plans. The changes have come about as a result of amendments made to the majority of the County's union contracts. Since the District participates in these health plans as a subgroup of Santa Clara County, these changes must also apply to the District's health plans. The changes are: Medical Plans • Added Coverage: A rider has been added to the medical plans to provide hearing aid coverage of one to two devices up to$1,000 every 36 months. • Kaiser: A $5.00 co-payment will be added for office visits and prescription drugs (see attached Kaiser benefit summary). The monthly rates will therefore decrease to$162.18 single and$414.31 family(down from$177.14 and$450.09,respectively). • Health Net: As a result of the hearing aid rider, the monthly rates will increase to $246.74 single and $522.38 family(up from$245.64 and$520.08, respectively). Since the Kaiser rate will decrease and the Health Net rate will increase, the employee contribution required for Health Net family coverage will increase.This new amount is calculated as follows: Health Net family premium $522.38 Kaiser family premium $414.31 Difference = $108.07 District additional contribution -15.00 Employee contribution $93.07 per month or$42.96 per pay period Due to this unexpected change in the health plan rates, the open enrollment period has been extended through October 29. For employees enrolled in Health Net family coverage,the October$25.38 employee contribution will be waived and the $42.96 will be deducted from your paycheck beginning with the paycheck you receive on November 3, 1999. No employee contribution will be required until tfl`er the extended open enrollment period ends on October 29(this supercedes the information forwarded in my memo of August 31, 1999). Please be assured that we are very concerned about the unexpected changes that have occurred in the health plans, and especially about the cost impact these changes will have on employees participating in Health Net family coverage. We are exploring other health plan programs that may offer less costly options. Realistically,however, changes to the health plan program may not be able to be made until next fiscal year. (over) Regional Open Soce t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM TO: All Regular District Employees FROM: Deirdre Dolan DATE: August 31, 1999 SUBJECT: Open Enrollment for Medical Plans OPEN ENROLLMENT September is open enrollment month for the District's medical plans. At this time you may: 1. Change your health plan coverage to a different plan; or 2. Add eligible dependents who were not added within thirty days of when they originally became eligible. Any changes made during open enrollment will become effective October 1, 1999. Cost Considerations The District's policy is to pay the full premium for the second-least expensive individual coverage, and the full premium for the least expensive family coverage, plus up to$15 per month. If the premium for the medical plan selected by the employee exceeds the base premium rates paid for by the District, the employee is responsible for paying the difference in the cost of the premiums through biweekly payroll deductions. Since there are now only two medical plan choices, Health Net is considered the second-least expensive individual coverage, and Kaiser is the least expensive family coverage. This means that the District will pay the full cost of individual coverage for both the Kaiser and Health Net plans, and the full cost of family coverage for Kaiser. An employee contribution will be required for Health Net family coverage. This amount is calculated as follows: Health Net family premium $520.08 Kaiser family premium $450.09 Difference = $ 69.99 District additional contribution -15.00 Employee contribution $54.99 per month or$25.38 per pay period For employees enrolled in Health Net family coverage, the employee contribution of$25.38 will be deducted from your paycheck beginning with the paycheck you receive on October 6, 1999. Questions/Information If you have any questions, need information about any of the District's health plans, and/or an enrollment form for changing plans or adding dependents, please contact Laurie or myself. All completed enrollment forms should be turned in by Tuesday, September 28 so that they can be processed prior to October 1. STATE OF CALIFORNIA 49 GRAY DAVIS,Govemor SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION THIRTY VAN NESS AVENUE,SUITE 2011 SAN FRANCISCO,CALIFORNIA 94102-6080 PHONE: (415)557-3686 September 27, 1999 L. Craig Britton,General Manager Regional Open Space Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,California 94022-1404 SUBJECT: San Francisco International Airport Dear Mr. Britton: Thank you for your recent correspondence regarding new runways in the Bay at San Francisco International Airport. We have advised officials at the airport that in order for BCDC to approve fill for new runways the Commission will have to be convinced that there is no way of meeting regional air transportation needs without filling the Bay, that the fill is the minimum amount necessary,and that all of the adverse impacts of the fill have been identified and fully mitigated.This will be a difficult test to meet. Therefore, we do not expect that the airport will complete its environmental studies and be able to apply for a BCDC permit until sometime in the year 2000. In the meantime, we will advise you of any BCDC meetings or public hearings at which airport planning will be discussed. Thanks for your interest. Sincere] WILL TRAVIS Executive Director WT/bb Dedicated to making San Francisco Bay better. Regional Open _ ace 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT interoffice MEMORANDUM To: Patrick Congdon, Supervising R "er From: Craig Britton, General M e Subject: A Job Well Done Date: 'September 28, 1999 I received the attached letter from Graham Contractors, Inc. thanking the District, and specifically you and Loro Patterson, for your helpful assistance and quick response to an accident at Long Ridge Open Space Preserve. It was a personal delight to receive such a letter and I want to thank you very much for the professional and efficient manner in which you represented the District in this incident. cc: David Sanguinetti Personnel File MROSD Board of Directors 330 Distel Circle . Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org • Web site:www.openspace.org , Board or Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open ace 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT interoffice MEMORANDUM To: Loro Patterson, Ranger From: Craig Britton, General Manager Subject: A Job Well Done Date: September 28, 1999 I received the attached letter from Graham Contractors, Inc. thanking the District, and specifically you and Patrick Congdon for your helpful assistance and quick response to an accident at Long Ridge Open Space Preserve. It was a personal delight to receive such a letter and I want to thank you very much for the professional and efficient manner in which you represented the District in this incident. cc: David Sanguinetti Personnel File MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little, Nonette Nanko, Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton GRAHAM CONTRACTORS INC. Sly 6E September 22, 1999 - Mid-Peninsula Regional Open Space District SEP 24 ATTN: Craig Britton, General Manager 330 Distel Circle Los Altos, CA 94022 RE: Industrial Accident on Portola Heights Road, September 21, 1999 Dear Mr. Britton: Late on the evening of September 21, 1999, an industrial accident occurred on Portola Heights Road in La Honda. This accident involved a roll-over of a large piece of highway surfacing equipment on Mid-Pen property. Responding for Mid-Pen were Rangers Patrick Congdon and Loro Patterson. With their professional, courteous service,these two Rangers helped to make the difficult extraction of the equipment both safe and efficient. Their presence and actions were very much appreciated, and Graham Contractors would like to commend these Rangers for their dedicated efforts. Sincerely, Graham Contractors, Inc. -�� r Z'j1KP4_ ' `�' Che' D. Corlett Corporate Counsel POST OFFICE Box 26770, SAN JOSE, CALIFORNIA 95159 ■ (408) 293-9516 ■ FAX (408) 293-3633 CONTRACTORS LICENSE#315789-C-12 Regional Open pace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 1, 1999 Honorable Members, Board of Directors Santa Clara County Open Space Authority 6146 Camino Verde Drive, Suite P San Jose, CA 95119-1460 Dear Honorable Members: On behalf of the Board and staff of the Midpeninsula Regional Open Space District, I would like to thank the Open Space Authority Board for its resolution recently adopted commending the District for the Bear Creek Redwoods Open Space Preserve acquisition. You and your Board are well aware of the long-term desire for acquisition of this property, and of the very real threats to its preservation as public open space. We were fortunate enough to have, in Peninsula Open Space Trust, an exemplary partner willing to share the enormous burden of putting together an agreement and the funding that made this acquisition possible. Now, the people of the entire Bay Area can be assured of the preservation of this irreplaceable natural and recreational resource. Again, thank you for your kind and thoughtful gesture in passing a resolution commending the District on this accomplishment. It is truly appreciated and will continue to remind us, as we work on other complicated land acquisitions, of the goals and objectives shared between our agencies. Sincerely, Jed Cyr President, Board of Directors JC/mcs cc: MROSD Board of Directors Audrey Rust, Peninsula Open Space Trust 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1200 P.VioAlt➢LP.'fTER.W wmra,�o 650-691-0485 • E-mail:mrosclnopenspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette 11anko,Betvy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton t RESOLUTION 99-9 RESOLUTION COMMENDING MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR ITS SUCCESS IN ACQUIRING BEAR CREEK REDWOODS OPEN SPACE PRESERVE WHEREAS, Midpeninsula Regional Open Space District has maintained a long-term goal to acquire the Alma College site near Los Gatos, and WHEREAS, the environmental community has actively supported the acquisition of this property and the protection of the redwoods on this site, and WHEREAS, the owner had taken actions to develop the site for housing and log the redwood trees on the 1,065-acre property, and WHEREAS, there has been renewed public interest for the District to acquire this site and preserve the watershed of Lexington Reservoir, and WHEREAS, the joint efforts of the Midpeninsula Regional Open Space District and the Peninsula Open Space Trust have been successful in negotiating and funding the acquisition of this significant property in Santa Clara County near the Town of Los Gatos. NOW,THEREFORE BE IT RESOLVED, the Board of Directors of the Santa Clara County Open Space Authority does hereby commend and congratulate the Midpeninsula Regional Open Space District, its Board and its staff for the significant accomplishment in preserving this unique open space preserve for public use an(' enjoyment. PASSED, APPROVED AND ADOPTED this 23 day of September 1999 by the following vote: AYES: Richard Forst, Johne Baird, Clysta Seney Garnetta J. Annable, Clark Smith NOES: None ABSTENTIONS: None ABSENT: Bob McGuire, Janis Fraser-Juarez " � � 4Z r Richard Forst, Chair Santa Clara County Open Space Authority 'TIT EST: 7 Sus:ln Dale Phillips, Clei F:of the Board of the Open Space Authority Regional Open ace ------------------- 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 1, 1999 Honorable Barbara Boxer Member, United States Senate 112 Hart Senate Office Building Washington, DC 20510-0505 Subject: Clean up of former military site Dear Senator Boxer: Late last year, we spoke with Mr. John Hess of your San Francisco office regarding your successful efforts to obtain funding for clean up of the former Air Corps site at Mt. Tamalpais. The Midpeninsula Regional Open Space District faces a similar situation at its Sierra Azul Open Space Preserve which includes the former Almaden Air Force Station. This facility is situated atop Mt. Umunhum above the Town of Los Gatos in western Santa Clara County. I have attached a chronology of the District's involvement in purchasing the site and our contact with the Army Corps of Engineers regarding its clean-up. I have also attached a copy of a consultant's report describing the conditions at the former Air Force site. The former Air Force station on Mt. Umunhum is an abandoned complex of military, administration, maintenance,housing, and recreational buildings,roads, utility systems, sewage treatment and water supply and treatment facilities built between 1955 and 1975. The facilities are in various states of disrepair due to lack of maintenance, vandalism, harsh weather, and damage from the 1989 Loma Prieta earthquake (the epicenter of which is less than 8 miles from Mt. Umunhum). The entire site is unsuitable for public access due to the physical hazards and toxic contaminants. The electrical transformers and underground fuel storage tanks and lines have been removed by the Army Corps of Engineers, thus alleviating some of the contaminant problem. However, there remains the issue of lead-based paint and asbestos which are present in virtually all of the buildings. The Army Corps of Engineers has not indicated a willingness to take responsibility for funding the clean up of these contaminants. In 1995, the District's Board of Directors determined that the facilities at the former Air Force Station would ultimately be demolished and the site returned to a natural condition, more suitable for public access. However, demolition of the buildings cannot be planned until the disposition of the toxic contaminants is determined. The District does not have adequate funds to clean up the site, and in any case contends that the clean up is the responsibility of the Federal government. October 1, 1999 Honorable Barbara Boxer Page -2- Today, we are seeking assistance from your office in helping to obtain from the Federal government the funding necessary for the clean up. Given your successful efforts toward funding the clean up of the site at Mt. Tamalpais, it is our hope that you will be able to help find a way to fund the clean up of Mt. Umunhum. By way of a brief background, the Midpeninsula Regional Open Space District is a public agency formed by the voters to acquire,preserve, restore, and manage open space lands on the San Francisco Peninsula. Since 1972, the District has permanently preserved nearly 44,000 acres for the benefit of the entire region. District lands provide protected wildlife habitat as well as opportunities for low-intensity public recreation. An estimated one-million visits are made each year to the District's 23 open space preserves. I hope that you will be able to provide the District with some guidance and assistance on this issue. Please feel free to have your staff contact me or Malcolm Smith of our staff if you'd like further information, or to discuss how we might proceed. Thank you for your consideration and for your support of open space. Sin erely„ 1 L. Craig Britton General Manager cc: MROSD Board of Directors Regional Open*ace 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 6, 1999 Gary Hernandez Chair, Coastal Conservancy Board California Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612-2530 Dear Mr. Hernandez: On behalf of the Midpeninsula Regional Open Space District, I would like to express my strong support for the S42,000 grant proposal submitted by the Bay Area Open Space Council for its outreach, coordination, and research efforts. The District is a long-time supporter of the Bay Area Open Space Council, and has received great benefit from its work in a variety of areas. As an organization, the Council has coordinated a number of mutual efforts of its membership, consisting of over 40 agencies, nonprofits, advocacy groups, counties, and cities involved in open space protection. This has created the first truly regional organization of its kind, and is in fact a shining example of regional cooperation, collaboration, and partnership. The grant request from the Council will be leveraged with membership contributions to fund a variety of activities and educational materials. A number of the Council's activities will help the Coastal Conservancy fulfill its legislative obligation to cooperate with agencies and organizations involved in park, recreation, and open space protection in the Bay Area, particularly in the identification and prioritization of regional needs and objectives. The Council's role in sponsoring legislation establishing the Bay Area Conservancy Program for the Coastal Conservancy is a key example. With additional funding, the Council's outreach efforts among the agencies and key decision- makers can continue. Its research and analysis of regional needs and funding, its work on a regional GIS database of protected and threatened lands, its education of legislators and other decision-makers, and other projects will then be able to continue uninterrupted, for the benefit of the many local and regional agencies that make up its membership. I urge you to give your full support to awarding this grant to the Bay Area Open Space Council. Sincerely, ,Q Jed Cyr President, Board of Directors JC/mcs Cc: MROSD Board of Directors John Woodbury, BAOSC _130 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1 200 FAX:650-691-0485 . E-mail mrosd(t openspace.org • Web site:www.openspace.org V" 6ortrd of Directors:Pete Siemens,'vtary(. Davev, led Cyr,Deane Little, No net te Hanko, Betsy C rowder, Kenneth( Nitz •(1'(nt�r,?I Gt,ina er:L.Cram Britton Regional Open ace 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 6, 1999 County of Santa Clara Planning Office VIA FACSEMME Development Review Section (408)279-8537 County Government Center 70 W. Hedding Street San Jose, CA 95110 Re: Proposed Negative Declaration Elimination of Article 29, the"-bd" Combining Zone Dear Sirs, The Midpeninsula Regional Open Space District received a notice of Proposed Negative Declaration from the County of Santa Clara Planning Office regarding a proposed deletion of "-bd" Combing Zone from the County Zoning Ordinance. Thank you for including the District in your request for comments as to the correctness, completeness, or adequacy of this Negative Declaration. The County's findings for the Negative Declaration are based upon: - "Existing County ordinances ensure adequate environmental review." - Base zone requirements. - The County's Geological Ordinance. - The"-bd" district applies to very few lands, most of which are federally-owned. After review of both Article 29, "Regulation for—bd Drylands Combining Districts," and the base zone designations, the District foresees a loss of Bay Drylands protection after the deletion of the"—bd" designation. The intent of the"—bd" Combining District is to protect the bay drylands. The CEQA process and the underlying base zone designations will not provide the level of protection for these lands that is provided by the"—bd" Combining District. The County's Geologic Ordinance does provide more accuracy in locating geologically threatened parcels. Therefore, the language in the"—bd" Combing District ordinance could be removed as it applies to geologic review. The"—bd" designation applies to very few lands because there is little bay drylands area remaining. The limited areas increases the value of the ordinance's protection of these important lands. In NASA's Comprehensive Plan, dated September 1994,the federal agency identifies concerned areas as Wetlands& Open Space. Bay dryland areas have not increased. The intent of the Bay Drylands ordinance to protect these areas is still needed, perhaps more so than when the ordinance was created. 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 Santa Clara County Planning Office, October 5, 1999, Page 2 The District recommends the County NOT delete the"—bd" Combining District due to the loss of protection to open space lands. The District recommends that language in the ordinance be removed as it applies to the redundancy to geologic review for inundation and earthquake hazard. Sincerely, Randy Anderson Planning Manager cc: Hon. Joe Simitian, Santa Clara County Board of Supervisors MROSD Board of Directors Santa Clara County Planning Office, October 5, 1999, Page 2 The District recommends the County NOT delete the"—bd" Combining District due to the loss of protection to open space lands. The District recommends that language in the ordinance be removed as it applies to the redundancy to geologic review for inundation and earthquake hazard. Sincerely, Randy Anderson Planning Manager cc: Hon. Joe Simitian, Santa Clara County Board of Supervisors MROSD Board of Directors r Claims No. 99-18 Meeting 99-25 Date: October 13, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7304 95.52 Ace Fire Equipment&Service Co., Inc. Vehicle Fire Extinguishers 7305 800.59 Acme&Sons Sanitation Inc. Sanitation Services 7306 378.61 ADT Security Services Alarm Services 7307 352.36 Air Cooled Engines, Inc. Welder Repairs 7308 23.91 AirTouch Paging Pager Service 7309 108.00 American Red Cross Communicable Disease Class-P. Congdon 7310 58.90 Randy Anderson Vehicle Expense 7311 47.26 AT&T Telephone Service 7312 46.00 Gordon Baillie Reimbursement--Tuition 7313 650.00 Barbic Roofing Company Distel Circle Roof Repair 7314 136.62 B&S Engines Chain Saw Repairs 7315 294.44 Beck's Shoes Uniform Boots 7316 54.72 Ben Meadows Company, Inc. Field Supplies 7317 308.51 Big Creek Lumber 7318 3,453.18 Big 4 Rents Rental Equipment-FEMA Project 7319 99.00 Bill's Towing & Recovery Towing Services 7320 90.72 Browning-Ferris Industries Dumpster Service 7321 69.00 City of Brisbane Legislators Meeting Registration 7322 33,947.62 Brazil's Excavating, Inc. Purisima Creek Storm Repairs 7323 331.86 Bruce Barton Pump Service, Inc. Pump Repairs 7324 52.50 Cabrillo Unified School District Meeting Facility Rental 7325 960.69 John Cahill April through August Vehicle Expense 7326 224.88 California Water Service Company Water Service 7327 67.05 Cal-Line Equipment Inc. Chipper Knife Sharpening 7328 17.32 Carolina Biological Supply Microscope Slides-Nature Center 7329 54.99 CSK Auto-Kragen Vehicle Supplies 7330 137.86 Cascade Fire Equipment Company Fire Tools 7331 413.09 Costco Wholesale Office & Field Supplies 7332 3,713.30 Country Rogue Construction Construction Contractor-Purisima Creek 7333 125.00 Dennis Danielson Reimbursement--EMT Recertification 7334 66.50 Jim Davis Automotive Vehicle Smog Testing 7335 1,669.24 Dell Computers Operations Program Computer 7336 50.00 Du-All Safety Hazardous Waste Class-J. Kowaleski 7337 113.81 Dyna Med First Aid Supplies 7338 9,100.00 El Camino Paving, Inc. Prospect Road Resurfacing 7339 75.00 Evergreen Environmental Services Waste Oil Pickup 7340 137.00 Federal Express Express Mail 7341 76.13 Tom Fischer Reimbursement--CEQA Training Class 7342 19.12 Forestry Suppliers, Inc. Field Supplies 7343 46.23 Foster Brothers Security Systems, Inc. Building &Vehicle Keys 7344 337.50 Robert E. Friday Appraisal Service 7345 50.85 Gall's Incorporated Vehicle Parts 7346 33.61 G & K Services Shop Towel Service 7347 1,134.77 Gardenland Power Equipment Field Supplies 7348 1,46129 *** Sandra Gimbal Contract Planner Services 7349 1,489.95 Goodco Press Stationary Printing Page 1 Claims No. 99-18 Meeting 99-25 Date: October 13, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7350 143.09 GTE Telephone Service 7351 2,807.26 HMB BLDG &Garden, Inc. Purisima Creek Storm Repair Materials 7352 46.00 Kathleen Hart Reimbursement--Tuition 7353 303.16 Hawkins Traffic Supply Field Supplies 7354 147.00 Janet Hawks Reimbursement-interviewee-Airfare 7355 1,035.00 Gavin Hoban GIS Consultant 7356 294.00 International Assessment Services, Inc. Human Resources Consultant 7357 270.63 Interstate Traffic Control Products Sign Posts 7358 401.76 Jodi Isaacs Vehicle Expense-July-October 7359 58.10 Island Press Resource Documents 7360 6,132.40 Johnson &Associates Classification &Compensation Consultant 7361 400.00 Judges&Attorneys Resolution Service, Inc. Richard vs MROSD Legal Fee 7362 1,125.37 Lanier Worldwide, Inc. Copier Leases&Toner 7363 376.07 Life Assist First Aid Supplies 7364 251.00 Los Altos Garbage Company Dumpster Service 7365 95.00 Los Altos Town Crier Recruitment Advertisement& Subscription 7366 1,206.51 Lucent Technologies Telephone Maintenance Service 7367 1,437.21 Maaco Auto Painting & Body Works Vehicle Repair 7368 91.98 Madco Welding Supply Company, Inc. Welding Supplies 7369 54.00 Magana's Building Maintenance Distel Building Maintenance 7370 421.92 MCI Worldcom Long Distance Phone Service 7371 4,765.16 MetroMobileCommunications Radio Maintenance& Repairs 7372 590.00 Micro Accounting Solutions Computer Consulting Services 7373 130.44 Ken Miller Reimbursement--Uniform Boots 7374 304.20 Minton's Lumber&Supply Field Supplies 7375 23,301.88 Miller Starr& Regalia Legal Services 7376 118.00 Mountain View Optical Medical Services 7377 268.26 National Fire Fighter Corp. Fire Tools 7378 813.43 Navarone Mailing Services Fall Newsletter Mailing 7379 850.93 Noble Ford Tractor, Inc. Tractor Repairs& Parts 7380 1,000.00 *1 North American Title Company Acquisition Deposit 7381 1,000.00 *2 North American Title Company Acquisition Deposit 7382 3,583.00 North American Title Company Escrow&Title Services 7383 37.70 Northern Energy Propane Service 7384 176.90 Office Helper Products Office Supplies 7385 435.56 Pacific Bell Telephone Service 7386 782.29 Pacific Coast Seed, Inc. Revegetation Supplies 7387 44.60 Pearson GMC Vehicle Part 7388 968.98 Peninsula Blueprint Copies& Enlargements 7389 77.98 PIP Printing Map Printing 7390 1,750.00 Popish Appraisal &Consulting Appraisal Services 7391 207.08 Powerland Equipment Company Equipment Parts 7392 1,011.70 Postal Products Unlimited Inc. Field Office Mail Cabinet 7393 5.29 Rancho Hardware Field Supplies 7394 137.94 Lori Raymaker Reimbursement--Tuition & Supplies 7395 36.13 Rayne Water Conditioning Water Service Page 2 Claims No. 99-18 Meeting 99-25 Date: October 13, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7396 2,512.57 Redwood General Tire Co., Inc. Vehicle Tires 7397 3,489.50 Reliable Crane& Rigging Purisima Storm Damage Repairs 7398 1,856.60 Eric Remington Wildlife Assessment Studies 7399 380.02 Rice Trucking-Soil Farm Culvert& Fittings 7400 43.08 Rich's Truck Tire Service Tire 7401 27.02 Roberts Hardware Field Supplies 7402 198.70 Paul Romero Reimbursement-Computer Supplies 7403 352.48 Romic Environmental Technologies Corp. Hazardous Materials Pickup 7404 4,023.10 Roy's Repair Service Vehicle Maintenance & Repairs 7405 206.73 Russ Enterprises Signs 7406 60.23 R.V. Cloud Co. Pipe Fittings 7407 2,046.09 SeeCoast Manufacturing Company, Inc. Binocular Viewer-Nature Center 7408 51.64 *3 Second Cup Business Meeting Expense 7409 124.00 Sequoia Analytical Water Testing Services 7410 10,096.19 John Shelton, Inc. Culverts& Erosion Control Materials 7411 222.60 Skyline County Water District Water Service 7412 118.71 Skywood Trading Post Fuel 7413 136.09 Malcolm Smith Vehicle Expense 7414 65.18 Stevens Creek Quarry Road Materials 7415 379.96 Summit Uniform Uniforms 7416 249.88 Target Specialty Products Weed Abatement Supplies 7417 1,250.00 Taylor Roofing Company Enterprise-Roof Repairs 7418 6,083.69 2M Associates Coastal Annexation Consultant 7419 9,261.41 United Rentals Equipment Rental 7420 7.42 *4 UPS Parcel Post Service 7421 6.99 *5 UPS Parcel Post Service 7422 12.32 *6 UPS Parcel Post Service 7423 4,356.00 U.S.A. Hydroseeding Erosion Control Materials 7424 160.28 Vallen Safety Supply Company Safety Supplies 7425 225.00 Verio Pacific Internet Provider 7426 2,883.00 Walton & Sons Stan Norton Memorial Bench 7427 46.76 West Coast Rebar Company Rebar 7428 120.30 West Group Payment Center On-line Law Library Service 7429 310.51 Michael Williams Reimbursement--Tuition &Vehicle Expense 7430 300.00 Roberta Wolfe Recording Services 7431 200.00 Woodside & Portola Private Patrol Windy Hill Parking Lot Security 7432 101.06 Lisa Zadek Vehicle Expense *1 Urgent Check Issued October 4, 1999 *2 Urgent Check Issued October 5, 1999 *3 Urgent Check Issued October 4, 1999 *4 Urgent Check Issued September 23, 1999 *5 Urgent Check Issued September 24, 1999 *6 Urgent Check Issued September 28, 1999 *** In the event agenda item#5 is not approved, this claim will not be processed. **** In the event agenda item#3 is not approved, this claim will not be processed. 174,436.52 Page 3