Loading...
HomeMy Public PortalAbout19991215 - Agendas Packet - Board of Directors (BOD) - 99-29 Regional Open -*'ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-29 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, December 15, 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 Litigation t� - Initiation of litigation, Government Code 54956.9(c) (I 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 • October 27, 1999 *** WRITTEN COMMUNICATIONS 330 I)itilel Circle • Los Altos, CA 94022 1404 Phone: 650-091-1200 EAX:050-091 048 i • E-mail: mrosd<«>openspace.or}, • Web site: www.openslmce.org Board of Oirrc tots:Pete sienwil"Mmv( . 1)ave'v, 1(',k vr, t emw I ill le, None•W Flanko, Bel,\,( imvder, Kcnmeih(_ tirti �(�crnv. .al h1.r�r,fi�r�r_I Cram;Brition Meeting 99-29 Page 2 BOARD BUSINESS 7:35 1 Tentative Adoption of Amendment to the Preliminary use and Management Plan for Bear Creek Redwoods Open Space Preserve to Continue Horse Boarding Facility Use, and Approval of Bear Creek Stables Rental Agreement; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of an Amendment to the Bear Creek Redwoods Open Space Preserve Preliminary Use and Management Plan to Provide for a Month-to-Month Rental Agreement for the Operation of the Existing Horse Boarding Facility; and Authorization for the General Manager to Execute the Bear Creek Stables Rental Agreement for Bear Creek Redwoods Open Space Preserve - T. Fischer 7:45 2 Proposed Addition of Greenblatt Property to the Long Ridge Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Adoption of a Resolution Authorizing Purchase of the Greenblatt Property; Tentative Adoption of Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to the Long Ridge Open Space Preserve; and Indication of Intention to Withhold Dedicating the Property as Public Open Space at This Time - M. Williams and D. Woods 7:55 3 Authorization to Contract for Resource Inventory and Assessment Planning Services at Sierra Azul Open Space Preserve; Determination that the Proposed Sierra Azul Open Space Preserve Resource Inventory and Assessment Project is Categorically Exempt from the California Environmental Quality Act; Authorization for the General Manager to Execute an Agreement with Aerial Information Systems in the Amount Not to Exceed $18,500 to Provide Vegetation and Habitat Mapping Services at Sierra Azul Open Space Preserve; Authorization for the General Manager to Execute an Agreement with Biotic Resources Group in the Amount Not to Exceed $37,950 to Conduct a Botanical Inventory and Assessment at Sierra Azul Open Space Preserve; Authorization for the General Manager to Execute an Agreement with Dana Bland and Associates in the Amount Not to Exceed $32,500 to Conduct a Wildlife Inventory and Assessment at Sierra Azul Open Space Preserve; Authorization for the General Manager to Execute an Agreement Eric Remington in the Amount Not to Exceed $5,000 to Provide Assistance to Dana Bland and Associates with the Wildlife Inventory at Sierra Azul Open Space Preserve; Authorization for the General Manager to Execute an Agreement with Jeff Nolan and Associates in the Amount Not to Exceed $42,750 Conduct a Geological and Soils Inventory and Assessment at Sierra Azul Open Space Preserve; Authorization for the General Manager to Execute an Agreement with Swanson Hydrology and Geomorphology in the Amount Not to Exceed $20,000 to Conduct a Hydrological and Water Quality Inventory and Assessment at Sierra Azul Open Space Preserve; Authorization for the General Manager to Execute an Agreement with Steven Singer in the Amount Not to Exceed $12,000 to Conduct an Assessment of the Roads and Trails at Sierra Azul Open Space Preserve; Authorization for the General Manager to Execute an Agreement with Gavin Hoban in the Amount Not to Exceed $11,500 to Provide Assistance to Steven Singer with the Road and Trail Assessment and to Coordinate Production of Maps and Graphics for the Project Using Global Position Satellite (GPS) and Geographic Information System (GIS) Technology; Authorization for the General Manager to Execute an Agreement with Charlene Duval in the Amount Not to Exceed $7,500 to Conduct an Inventory and Assessment of the Cultural, Historical, and Archaeological Features at Sierra Azul Open Space Preserve; and Authorization for the General Manager to Meeting 99-29 Page 3 Purchase a Trimble Pro XR Global Positioning Satellite (GPS)Receiver in the Amount Not to Exceed $11,750 Through a California Multiple Award Service Contract for Use in Resource Mapping Activities, and Authorization for the General Manager to Transfer This Amount from the Planning Program's Contract Services Budget to the Capital Equipment Budget - M. Freeman 8:00 4 Dedication Status of District Lands; Adoption of a Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes - D. Woods 8:10 5 Tentative Adoption of an Amendment to the Use and Management Plan for Rancho San Antonio Open Space Preserve to Install a Bench for Use by Peninsula Open Space Trust in its Memorial Giving Program and Determination That the Recommended Actions are Categorically Exempt Under the California Environmental Quality Act- M. Smith *** 6 Final Adoption of an Amendment to the Use and Management Plan for Skyline Ridge Open Space Preserve to Install a Bench and Commemorative Plaque - M. Smith 8:15 7 Approval of Revisions to the Personnel Policies and Procedures Manual, Section 2.3 Probationary Period, and Section 4.2 Titles and Specifications - D. Dolan 8:20 8 Proposed Addition of Proctor and Collins Properties to the Thornewood Open Space Preserve; Determination that the Recommended Actions Are Categorically Exempt from the California Environmental Quality Act; Adoption of a Resolution Authorizing Purchase of the Robert Proctor, et al. Property; Adoption of a Resolution Authorizing Purchase of the Glenn Proctor Property; Adoption of a Resolution Authorizing Purchase of the Collins Property; Tentative Adoption of Preliminary Use and Management Plan Recommendations, Including Naming the Properties as Additions to the Thornewood Open Space Preserve; and Indication of Intention to Dedicate the Properties as Public Open Space - D. Woods/M. Williams *** REVISED CLAIMS 8:35 INFORMATIONAL REPORTS- Brief Reports or announcements concerning activities of District Directors and Staff CLOSED SESSION CONTINUED(if necessary) 8:45 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 Open ice December 16, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Blair Ahliquist 6696 Crystal Springs Dr. DRAFT RESPONSE San Jose, CA 95120-4617 PREPARED BY STAFF "C", BOARD CONSIDERATION Dear Mr. Ahlquist: Thank you for your November 3, 1999 letter regarding a Seed Collection Permit on District lands. The Board of Directors reviewed your letter at its December 15, 1999 regular meeting. I apologize for the delay in responding; however, this was the first opportunity for the Board to consider your letter. The Board understands your intent in requesting a seed collection permit is not to disturb plants and animals. However,the District's standard conditions on any Biological Pen-nit clearly state, "collections shall be used for scientific or interpretive purposes only and shall be dedicated to the public benefit..." A permit condition sheet is included for your reference. The District's Resource Management Specialist is given the responsibility to review Biological Permit Applications and has the day-to-day ability to authorize such permits. Based on the information you provided about the purpose of your collection the General Manager agrees with the Resource Management Specialist's conclusion that your collection does not fulfill the standard conditions for a Biological Permit. The Board of Directors has authorized staff to make these day-to-day decisions. If at some point in the future the purpose of your collection changes and thereby meets the conditions of the permit, you may want to fill out a Special Use Permit Application (included with this letter) for reconsideration. Please note that the application states that the District has the right to grant or deny a permit based on the scientific merit and/or potential damage to the resource. We expect staff to be careful when considering the grant of such permits so as to not set a precedent for future requests, which could become problematic for the District. We appreciate your respect for public open space and hope you understand the need to protect and preserve the natural resources on District land for public enjoyment. Sincerely, Jed Cyr, President Board of Directors JC:ji cc: MROSD Board of Directors "0 Distel Circle * I()s Altos, CA 94022-1404 - 11hime: 6-io -69 1-1200 FAX: 050-091-0487) -mad: riiros(]((st()I)(,n,,I),i((,,oi-g - Web site: 13omdot 11wi tw, Pete s,wnwn" 1,1xv C, D,m,v, led vr, De,irw I ittle, Nonetle H.inko, Bet,4 ( r(mder, Kenneth Nit/ OPEN SPACE PRESERVE USE PERNUT GENERAL CONDITIONS 1. The permittee shall comply with all federal and state laws and regulations, and all local and District ordinances and regulations. 2. Permittee acknowledges and agrees that the permission granted herein does not include permission to use privately-owned property. It is the permittee's obligation to obtain all requisite consents. 3. Use of District property by the permittee shall be limited solely to the purposes set forth in the permit. No digging or excavation is permitted, unless specifically provided for and described in writing. 4. No permit for use on District property shall be transferable. 5. Any fees, deposits, or proof of insurance required shall be submitted before the effective date of the permit. If the fees, deposits, or proof of insurance are not received before the effective date of the permit, the permit shall not be valid. 6. Permittee will comply with any special instructions received from the ranger in charge of the area. 7. The permittee shall keep the permitted area clean and sanitary, and restore the area to the condition that existed before the activity 8. The permittee will repair or be billed at the discretion of the District any and all damage to the site that was a result of the permittee's activities. The District will be the soul judge of the extent of damage and the extent of repairs required to remedy the damage. All repairs will be performed to the satisfaction of the District. 9. Permission to use a site may be terminated in the case of "extreme" or red flag alert" fire weather conditions. 10. The permittee shall indemnify and hold harmless the District, its officers, agents, and employees, against all claims, costs (including attorney's fees), suits,judgements, and demands of any and all persons for injury, including death, or damage sustained by any person or persons arising out of any act or omission of the permittee related to such use of any District open space preserve or facility. 11. The District shall refuse to grant a permit when conditions cannot be met or are not accepted. An applicant must agree to provide a means of informing all of the persons participating on the proposed activity of the terms and conditions of the use permit. 12. The permittee is required to submit a comprehensive report on their investigation within three months of the completion of the permit, unless a different due date is agreed upon with the Resource Management Specialist. Raw�Meo&==cc Use c a«rn SPF AL USE PERMIT APPLIC4WON (not a permit) Please submit one typewritten or neatly written original with an original signature to Jodi Isaacs, Resource Management Specialist, MROSD, 330 Distel Circle, Los Altos, C4 94022. Applicant/Person doing field work: Name: Organization: Address: City: State: Zip: Day phone: Night phone: Principal Investigator/Academic Advisor (if different from above): Name: Organization: Address: City: State: Zip: Day phone: Night phone: No. of participants expected: Assistant Name(s) Address/City/State/Zip (AC) Telephone No. Date(s) of proposed activity: Time of day you expect to be conducting activity: When do you expect to complete the investigation/report: Preserve(s): Location (indicate specific site or trail(s) on preserve map): No. of vehicles (specify any over-sized): Please write vehicle description(s), including color, and license no. (only) if you have any special access needs. Please describe any special access needs. Are there any other special regr' cents? OBJECTIVE OF INVESTIGATION: METHOD OF INVESTIGATION. Be specific about species of plants or animals involved. If collection is desired, be specific about quantity, size, condition and method of collection. Describe efforts to minimize impact: I understand that the District reserves the right to grant or deny a permit based on the scientific merit and/or potential damage to the resource. I further understand that the District will require certain special conditions from me depending on the impact of the proposed use, and that as a condition of the permit I agree to submit a written report to the District within three months of the conclusion of the permit. Signature of Applicant Date PERMIT TO CONDUCT BIOLOGICAL, GEOLOGICAL, OR SOIL INVESTIGATIONS/COLLECTIONS STANDARD CONDITIONS AND RESTRICTIONS 1. General classroom collecting is not allowed under this or any other permit. 2. This permit applies only to non-cultural materials, and is limited to the kind, number and size of specimens described in this permit. Archeological material may NOT be collected under this permit. 3. The collections shall be used for scientific or interpretive purposes only, shall be dedicated to the public benefit, and shall not be used for commercial purposes. 4. The collecting must be done in localities specified in the special conditions of this permit. The collecting shall be done in an inconspicuous manner, and shall not cause damage to the environment. Collection will only commence where selected species are in sufficient quantity to sustain 10%harvesting. Because of the scarcity or importance of some specimens, the Midpeninsula Regional Open Space District may designate other restrictions necessary for the preservation of the area. 5. The collector is to contact the appropriate District office before collecting, and to present a copy of this permit together with evidence of additional collecting licenses and collecting permits, if required. 6. If collections are not made to the satisfaction of the District, this permit may be immediately canceled. 7. Written documentation will be submitted to the District upon completion of project specifying the activities, dates, and number of specimens collected. 8. All applicable laws and regulations must be observed by the permittee in exercising the privileges granted in this permit. —over— Dear Board of Directors: I came to Jody Isaacs(I believe that was her name)with a question about a preserve rule: Leave plants and animals undisturbed. It is not my desire to disturb plants and animals,but it is my desire to collect seeds in very small quantities.Jody told me that I was not allowed to do that. However, if she is not the one that is able to give me permission,then she is not the one that is able to deny me permission,except by the authority that you give her. That is why I have come to you. I am not part of a scientific institution,but I am a scientist.Often, I have experiments going on around the house. The experiments are not even close to being professional or even convincing,but my point is that I am interested in studying. I have a collection of small trees that I have sprouted from seeds I have collected from various places. I cannot,from the above said, prove that it is beneficial to society or the environment to allow me to collect seeds,but I believe it is good. By giving me written permission to collect seeds under your regulation,you will not be giving permission to everyone to do the same. Jody told me that if everyone collected seeds then there would be no seeds left. I am one person and you can deny me permission or allow me permission,and thus all regulations will still stand. Please respond to me in the way that you see right. Blair Ah1quist 6696 Crystal Springs Dr. San Jose,CA 95 1 20-46 1 7 Thank you. NOV Regional Open '_ ice s f R-99-159 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-29 December 15, 1999 AGENDA ITEM 1 AGENDA ITEM Tentative Adoption of Amendment to the Preliminary Use and Management Plan for Bear Creek Redwoods Open Space Preserve to Continue Horse Boarding Facility Use and Approval of Bear Creek Stables Rental Agreement GENERAL MANAGER'S RECOMME ONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act. 2. Tentatively adopt an amendment to the Bear Creek Redwoods Open Space Preserve Preliminary Use and Management Plan to provide for a month-to-month rental agreement for the operation of the existing horse boarding facility. 3. Authorize the General Manager to execute the Bear Creek Stables Rental Agreement for Bear Creek Redwoods Open Space Preserve. DISCUSSION In June 1999, the District acquired the 260-acre "lower" portion of the Bear Creek Redwoods Open Space Preserve and leased the 805-acre "upper" property from Peninsula Open Space Trust. The adopted Preliminary Use and Management Plan directed staff to work with the operators of Bear Creek Stables to develop a new lease for the continuation of the horse boarding facility. Since the acquisition of the property was accomplished, the District has not had a tenancy agreement with the operators, Paul and Glenda Smith. The proposed Bear Creek Stable Rental Agreement will provide a month-to-month rental agreement between Bear Creek Stables and the District until a long term lease agreement can be developed. The stable facility is located on a narrow ridge between two tributaries of Briggs Creek. The 5-acre facility comprises two residence buildings, trailer, horse barn, numerous accessory structures including horse shelters and corrals, and two parking areas that provide space for an estimated 20 to 30 vehicles in total. There are approximately 72 horses boarded at the stable and most of the equestrians utilize the trail system on the Bear Creek Redwoods Open Space Preserve. Water for the facility comes from the spring-fed water system, and is stored in a small tank above the stable area. Prior to the District's ownership of the property, the facility operated under a lease between the property owners (Hong Kong Metro Realty and Arlie Land and Cattle Company) and the Smiths which expired on February 28, 1999. Since that time the tenants have continued their operation within the framework of the original lease, providing monthly rental payments of$2,000. The Board approved Preliminary Use 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-99-159 Page 2 and Management Plan allowed such continued use until a new agreement could be implemented. The tenant has requested the District consider a long term lease. The proposed Bear Creek Stables Rental Agreement will provide an operating rental agreement until a long term lease can be negotiated. The conditions of the proposed rental agreement are addressed later in this report. Since acquisition of Bear Creek Redwoods Open Space Preserve, the stable operators have been cooperative with District requests. Although no rental agreement has existed since February 1999, Bear Creek Stables has accommodated District requests in the following areas: • ceased dumping manure in the landfill area; • obtained liability insurance naming the District as an additionally insured; • removed manure and refuse from the site; • relocated corrals further away from riparian areas; • limited themselves to one caretaker residence; and • limited the number of horses on the site. These actions have shown that the operators are very cooperative and want to communicate and work with the District to improve the conditions at the stable. I lu t r The equestrian stable use pre-dates District ownership of the property. Originally a working stable and barn for the Jesuits and previous owners, equestrian use has evolved through the years with varying levels of activity. Mr. Robert Trocha operated the stables under a lease dated April 8, 1990, with Hong Kong Metro Realty. The Trocha lease was assumed by Paul and Glenda Smith on January 1, 1997. Staffs recommendation to continue the equestrian use was based upon three issues: 1) the equestrian operation provided a rare opportunity to have a facility for the equestrian constituents of the District to enjoy open space lands; 2) the operator was willing to accept full responsibility for management and maintenance of the facility; and 3) proper management of the operation will avoid negative impacts on the preserve. In reviewing the tenant's request to extend occupancy and the attached rental agreement, staff has evaluated each of these original concerns. EQuestrian Use of District Lands Most District preserves allow equestrian use, but none of the preserves provide stable facilities for equestrians. The District boundaries incorporate areas that have a large population of equestrian enthusiasts. The stable operation provides boarders the opportunity to visit the preserve without the limitations of transporting their horses. The equestrian facility is an added benefit to the public enjoyment of Bear Creek Redwoods Open Space Preserve. Facility Management and Maintenance The District has owned and leased stable facilities in the past but they have been closed for a variety of reasons. The District has not managed such facilities and seeks alternative arrangements with private individuals. The operators of Bear Creek Stables have agreed to continue their full management of the equestrian operation and facilities. The operators have been cooperative R-99-159 Page 3 with staff in changing or incorporating practices which help protect the natural resources and reduce the District's liability. The operators will continue to be responsible for all expenses related to the operation and facilities. Avoidance of Im2Kt on the Preserve While equestrian use of District lands is encouraged under the District's Basic Policy, the intensified use of an operating stable needs to be compatible with the overriding mission to protect natural resources. The proposed rental agreement limits the stable's use to appropriate areas, and allows for future restrictions if necessary. The number of horses boarded at the stables and the number of riders allowed on the preserve are limited to reduce the use impact. The District retains full discretion to limit use on certain trails, and to make seasonal closures of trails. While the District has always tried to limit commercial activities that potentially conflict with the goal of maintaining natural open space, the issues associated with the stable can be resolved by these means, allowing the District the opportunity to support the retention of an equestrian facility on District owned land. Other Considerations During the review process for the Mitigated Negative Declaration for acquisition of the property, the District received comments from Mr. Hugh Graham, Senior Planner at Santa Clara County Planning Department, stating concern that the stable operation may need permits for their operation. The Smith's have been pursuing establishment of the stables' historical operation in order to obtain a "grandfathered" use approval. The proposed rental agreement requires the stable operator to establish approved use with the appropriate government agencies within 60 days of the execution of the agreement. CEQ_A Determination It has been concluded that the stable operation will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Section 15301 as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The key consideration is whether the project involves negligible or no expansion of an existing use. The Bear Creek Stables use area will actually be reduced in size. LEASE AGREEMENT Approval of the attached Bear Creek Stables Rental Agreement- Bear Creek Redwoods Open Space Preserve will constitute a new rental agreement for existing use. The tenants will be Paul and Glenda Smith. The Smith's have run the stable operation at this site for the past 3 years. Since acquiring the property, the District has maintained a good working relationship with the Smiths. The premises of the proposed Rental Agreement encompass approximately 5 acres of the Lower Bear Creek property. The lease includes the following key terms and provisions: R-99-159 Page 4 1) The District will receive $2,000 per month from the Tenant. 2) The Agreement is for a month-to-month period commencing upon execution. The District, or the n n without an m end this Agreement b sending the other a 30 da termination notice Tenant, a Y g Y g Y Y obligation to the other. 3) The Tenant is responsible for all costs associated with the operation of the stable, the facilities, utilities, maintenance and repair. 4) The Tenant shall provide commercial liability insurance in the maximum amount of$5,000,000 for their equestrian operation on District land. 5) The Tenant is limited to 72 horses boarded at the stable, use of the preserve with limitations based on the sole discretion of the District, adherence to a permit system while on the preserve, and compliance with the District's Rules and Regulations. 6) The Tenant must remove all manure and refuse from the site generated by the stable operation. Staff supports the proposed Bear Creek Stables Rental Agreement-Bear Creek Redwoods Open Space Preserve because the continued use provides a significant benefit to the public, limits expenses and liability exposure to the District, and provides a method to adequately protect the natural environment of the preserve. If the Board accepts the General Manager's Recommendations to approve and execute this rental agreement, staff will move forward with Bear Creek Stables in discussions towards a long-term lease arrangement. Prepared by: Thomas W. Fischer, Land Protection Specialist Contact: Same as above STABLES AT BEAR CREEK REDWOODS 875 --------- ----- --------------- 800 - GENERAL PERMIT \ 11 PARKING AREAS ���' T -------- " (One vehicle with 1�\Office/Cross re" trailer per area) Main House 1 ------ ` 9 ` `1. Hay Barn , I 'Septic P3ddodcs r'Q 1 Tank ---- ------ - �. S "Old Folks" ,p Paddocks e5o Pasture p Cottage O \ L Stables/Shop e r \ U Hay Barn/Shop �s f a25- Water Tankow ff Legend \Paddocks _._ Main W. Pasture >, Water Line Electric Line - Upper r Arena Unpaved Road P R EM I S ES 0 r/' 875-,' "Dressage" Z 92s Arena 825 A g s Dump Site10-1 i \�O Y "b _ _ -775-- _"_____-- -150 11 - - - 700_�y'_725- ___ November 16,1999 EXHIBIT A Scale 0 Feet 300 BEAR CREEK STABLES RENTAL AGREEMENT (Month-to-Month) THIS AGREEMENT is made and entered into by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district(hereinafter called "District"), and Paul and Glenda Smith, doing business as Bear Creek Stables(hereinafter collectively called "Tenant"). WHEREAS,District is the owner of certain unimproved real property located in an unincorporated area of the County of Santa Clara, State of California and commonly known as the Bear Creek Open Space Preserve(the "Preserve"); and WHEREAS, District is also owner of that certain improved real property located at 19100 Bear Creek Road, Los Gatos, near the south-easterly corner of Old Santa Cruz Highway and Highway 17 , County of Santa Clara, State of California, and more particularly depicted by outline on Exhibit "A," attached hereto and incorporated herein by this reference(the "Premises"); and WHEREAS, District desires to lease the Premises to Tenant, and Tenant wishes to hire the Premises from District, upon the terms and conditions set forth herein; NOW, TBEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties agree as follows: 1. Lease of Premises. District hereby leases the Premises to Tenant, and Tenant hereby hires the Premises from District, for the term, at the rental, and upon the other covenants and conditions set forth herein. 2. License. Subject to the terms and conditions set forth herein, and to the ordinances, rules and regulations of District, including but not limited to those "Regulations for Use of Midpeninsula Regional Open Space District Lands," attached hereto and incorporated herein as Exhibit "B," and any amendments thereto whether now in force or hereafter promulgated, District grants to Tenant and Tenants'business invitees, subtenants and guests, and pursuant to Paragraph 31 below, a revocable license to use the trails in the Preserve area surrounding or adjacent to the Premises. 3. Term. The term of this Agreement shall commence upon execution of this Agreement on behalf of the District Board of Directors, and shall continue thereafter on a month- to-month basis until (a)thirty(30) days after delivery by either party to the other of written notice of a desire to terminate this Agreement, or(b)termination pursuant to the provisions of this Agreement hereinafter set forth. 4. Rent. Tenant shall pay to District each month as rent for the Premises the sum of Two Thousand and No/100 Dollars($ 2,000.00). Said rent shall be payable in advance on the first day of each month during the term of this Agreement to District at 330 Distel Circle, Los Altos, CA 94022, or at such other address as District may from time to time designate in writing Page 1 to Tenant. District may increase or decrease the amount of monthly rent payable by Tenant to District upon thirty(30) days prior written notice to Tenant. Subject to Paragraph 6 below, rent shall be payable only by personal check, cashier's check, money order, or in cash. 5. Late Payments. Tenant and District acknowledge and agree that in the event that Tenant fails to pay rent on or before the fifth(5th) day after the date due, District will incur damages due among other things to increased accounting costs and collection costs, the amount of which would be impracticable and extremely difficult to fix. Tenant therefore agrees to pay an amount equal to five percent(5%) of each such late payment as liquidated damages, which amount represents a reasonable approximation of the damages which are likely to result from such late payment. Such liquidated damages shall be deemed additional rent and shall be due together with rent for the delinquent period. 6. Dishonored Checks. In the event a personal check given by Tenant to District for payment of rent shall be dishonored due to insufficient funds, District agrees to make one attempt to redeposit the first(and only the first) of such dishonored checks. In the event such check shall again be dishonored, or in the event any additional rent checks shall be dishonored, Tenant shall, after written notice from District so requesting, make all future rent payments to District by cashier's check, money order, or cash only, and if any such future payment is made in cash, shall deliver the same in person to District's business office at the address set forth in Paragraph 3, as the same may be changed by District from time to time. 7. Securi y Deposit. Tenant shall upon execution of this Agreement deposit with District the sum of Two Thousand and No/100 dollars($2,000.00) (the "Deposit") as security for the full performance and observance by Tenant of each and all of the provisions of this Agreement to be performed and observed by Tenant. District shall be entitled to use the Deposit or any portion thereof to remedy any default in payment of rent by Tenant, to clean the Premises upon termination of this Agreement as per Paragraph 24 below, and to repair any damage to the Premises resulting from Tenant's occupancy of the Premises. District shall return to Tenant within two weeks after the latter of termination of this Agreement or Tenant's vacation of the Premises, the entire amount of the Deposit, without interest thereon, less only such sums as District is entitled to apply against unpaid rent, cleaning the Premises, and/or repairing any damage thereto. District shall not be required to keep the Deposit separate from its general funds. Tenant may not apply the Deposit to rent due under this Agreement without District's prior written consent. 8. Possessory Interest Tax. Tenant acknowledges that Tenant's interest in the Premises under this Agreement may now or hereafter be subject to a possessory interest tax imposed by the County in which the Premises are situated or by other lawful governmental authority. Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against rent payable under this Agreement. 9. Use. Tenant understands that it is District's intention to preserve the open space character of the land upon which the Premises are located, and Tenant agrees to use the Premises in a manner consistent with such intent. Page 2 a) The Premises may be used solely for the typical activities involved with the boarding of horses, of which no more than seventy-two (72)horses (or such lesser number as District, in its sole discretion, may from time to time authorize in writing)are allowed, and for no other purpose without District's prior written consent. b) The Premises shall not be used for the rental of horses. The Premises shall not be used for any special events without prior written approval by District. c) Tenant is responsible for obtaining, and keeping in good standing, any and all applicable approvals and/or permits for their operation, and for abiding by all requirements of the County of Santa Clara and any other lawful authority having jurisdiction. If no use permits or approvals are required, Tenant must obtain, and file with District, a letter of compliance from the County of Santa Clara. Any and all permits, approvals, or a letter of compliance shall be obtained and provided to District within sixty(60) days of the full execution of this Agreement. d) Tenant shall not do nor permit anything to be done in, on, or about the Premises, nor bring, keep or maintain anything thereon which will in any way cause a cancellation of any insurance policy covering the Premises, or any part thereof, or any of its improvements or contents. e) Tenant shall not commit or allow to be committed any nuisance or waste in or upon the Premises, including the disposal or storage of manure and refuse as specified in paragraph 29 below, and shall not permit trash or garbage of any kind to accumulate on or about the Premises. Tenant specifically agrees not to cause or permit any cutting of live trees, grading of soil, or hunting of animals on the Premises. f) Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, code, rule, or regulation of lawful governmental authority, including but not limited to District's "Regulations for Use of Niidpeninsula Regional Open Space District Lands," (Exhibit "B")and any amendments thereto, now in force or hereafter promulgated, and Tenant shall at all times during the term of this Agreement comply with each of the same. g) Tenant recognizes District may restrict use of areas on the Premises and Preserve for surveying, protection and restoration of biological habitats. 10. Boarding Agreement. Tenant shall require all persons boarding horses ("Stable Boarders") on the Premises to complete and execute a Boarding Agreement in the form of such attached hereto as Exhibit"C" prior to using the Premises or preserve. Any guests of a Stable Boarder shall execute a Waiver of Liability in a form as in Exhibit"C" prior to using the Premises or preserve. 11. Permitted Pets. Tenant shall be entitled to keep as pets, and not for any commercial purpose, the following animals: dogs(not more than 3), cats (not more than 8), and a goat(1). 12. Caretaker. Tenant shall be entitled to have one(1) resident caretaker family, whose duties are associated with the stable operation, living in the"cottage" on the Premises. No other subtenants or caretakers shall be allowed residence on the Premises without District's prior Page 3 written approval. The approval herein is conditional upon Tenant abiding by any and all County and/or municipal ordinances and codes. 13. Utilities. Tenant shall pay directly to the charging authority, on or before the date when due, all charges for any and all services and utilities supplied to the Premises. 14. Maintenance and Repair. Subject to the provisions below, Tenant shall, at Tenant's expense, maintain the Premises and every part thereof, the structures, roads, water system, and trails in safe, and sanitary condition, order, and repair. District shall have no duty whatsoever to maintain or repair all or any portion of the Premises, structures, or the personal property, or any personal belongings or leasehold improvements of Tenant. Prior to Tenant performing any repair and maintenance to structures, roads, drainage or trails, Tenant shall obtain written approval from District. 15. Insurance. Tenant, at Tenant's sole expense, shall obtain and keep in force during the term of this Agreement, a comprehensive general liability insurance policy with an insurance company satisfactory to District, protecting District and Tenant against any and all liability arising out of or relating to this Rental Agreement by Tenant or Tenant's invitees, licensees, caretakers, subtenants, guests, boarders, contractors or agents from Tenant's use of the Premises or the preserve, or from any occurrence, in, on, about, or related to the Premises or preserve under this Rental Agreement, with a single combined property damage and personal injury limit of Five Million and No/100 Dollars($5,000,000.00). All such liability insurance shall insure performance by Tenant of the indemnification obligations of Tenant set forth in Paragraph 19 hereof, and the policy shall contain a cross-liability endorsement. Tenant agrees to furnish a certificate of such insurance to District naming District as an additional insured on or prior to the date of commencement of the lease term, and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty(30) days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder. 16. Alterations. Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the Premises or any part thereof, without the prior written consent of District. All such alterations, additions, and improvements shall become and remain the property of District immediately upon installation or construction thereof on the Premises unless Tenant and District shall otherwise agree in writing. Tenant may, however, at Tenant's own expense, paint and otherwise enhance the condition of the Premises. 17. Liens. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 18. Waiver of Claims. District shall not be liable to Tenant, and Tenant hereby waives any claims against District for any damage to property or injury or death to any person in, on, or about the Premises or preserve by or from any cause whatsoever. Page 4 19. Indemnification. Tenant hereby holds District harmless from and shall defend District from and against any and all claims of liability for damage to property or injury or death to any person when such damage, injury or death shall be caused in part or in whole by the use of the Premises or preserve by Tenant or Tenant's invitees, licensees, caretakers, subtenants, guests, boarders, contractors or agents under this Rental Agreement or from the failure of Tenant to keep the Premises in good condition and repair, or from the breach by Tenant of any provision of this Agreement. 20. Assignment and Subletting. Tenant shall not assign this Agreement or sublet the Premises or any interest therein without the prior written consent of District, which consent may be withheld for any reason or for no reason at all. 21. Damn e or Destruction. In the event the Premises shall be damaged or destroyed in part or whole, then District shall be entitled to elect, by written notice to Tenant, as soon as reasonably possible after Tenant notifies District of said damage, either(i)to repair the same and restore the Premises to substantially the same condition as existed immediately prior to such damage, or(ii)to terminate this Agreement, after which neither party shall have any further liability or obligation to the other hereunder, except for liabilities or obligations which accrued prior to such election to terminate or which expressly survive such termination. In the event District shall elect to repair or restore the Premises pursuant to this Paragraph 21, Tenant shall not be entitled to any damages or other compensation from District from any loss of quiet enjoy- ment or for any other reason arising from District's repair or restoration activities. District shall in no event be required to repair or replace any personal property installed or maintained by Tenant in or about the Premises, including but not limited to, the personal property listed on Exhibit "D", and Tenant hereby releases District from any responsibility for Tenant's personal property, furnishings or household goods. 22. Entry by District. District shall, at any and all times, have the right to enter the Premises to inspect the same, to post notices of non-responsibility, to repair the Premises, and to exhibit the Premises to prospective tenants. Tenant hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. 23. Default by Tenant (a) Any of the following events or occurrences shall constitute a material breach of this Agreement by Tenant and after the expiration of any applicable grace period, shall constitute an event of default: (i) the abandonment of the Premises by Tenant; or (ii) the failure by Tenant to perform any obligation under this Agreement which by its nature Tenant has no capacity to cure; or (iii) the failure by Tenant to perform any other obligation under this Agreement if the failure has continued for a period of ten(10) days after Page 5 District demands in writing that Tenant cure the failure. If, however, by its nature the failure cannot be cured within ten(10) days, Tenant may have such longer period as is necessary to cure the failure, conditioned upon Tenant promptly commencing to cure such failure within the ten(10) day period and thereafter diligently completing the cure. Tenant shall indemnify and defend District against any liability, claim, damage, loss, or penalty that may be threatened or may in fact arise from that failure during the period the failure is uncured; or (iv) any of the following: a general assignment by Tenant for the benefit of Tenant's creditors; any voluntary filing, petition, or application by Tenant under any law relating to insolvency or bankruptcy, whether for a declaration of bankruptcy, a reorganization, an arrangement, or otherwise; the abandonment, vacation, or surrender of the premises by Tenant without District's prior written consent; or the dispossession of Tenant from the premises (other than by District)by process of law or otherwise; or (v) the appointment of a trustee or receiver to take possession of all or substantially all of Tenant's assets; or the attachment, execution or other judicial seizure of all or substantially all of Tenant's assets located at the premises or of Tenant's interest in this Agreement, unless the appointment or attachment, execution, or seizure is discharged within thirty(30) days; or the involuntary filing against Tenant, or any general partner of Tenant if Tenant is a partnership; (A) a petition to have Tenant, or any partner of Tenant if Tenant is a partnership, declared bankrupt, or (B) a petition for reorganization or arrangement of Tenant under any law relating to insolvency or bankruptcy, unless, in the case of any involuntary filing, it is dismissed within sixty(60) days. (b) In the event of any such default by Tenant, then in addition to any other remedies available hereunder to District or at law or in equity, this Agreement and all rights of Tenant hereunder shall be terminated upon delivery by District of notice of such termination to Tenant. Upon such termination, District may recover from Tenant all amounts necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom. (c) In addition to the remedies provided above, in the event Tenant shall fail to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay any sum required to be paid by Tenant under this Agreement,District may, but shall not be obligated Page 6 to do so, perform or pay the same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District therefore, reimburse to District all costs reasonably incurred by District in connection therewith, together with interest on such sums at the rate of ten percent (10%) per annum from the date incurred by District until repaid in full by Tenant. 24. Surrender. Upon expiration or sooner termination of the term of this Agreement, Tenant shall vacate the Premises and remove all persons and personal property therefrom, and shall surrender possession of the Premises to District in the condition as it existed at the com- mencement of the term of this Agreement, subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant. 25. Waiver of Relocation Rights. Tenant, on behalf of Tenant, and on behalf of Tenant's immediate family hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et seq., and any similar or successor statutes. Tenant shall hold District harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. By Tenant's signature below, Tenant specifically recognizes and accepts the terms of Paragraph 25 of this Rental Agreement. THIS IS A WAIVER OF RELOCATION BENEFITS. BY OUR SIGNING BELOW WE HEREBY ACKNOWLEDGE READING AND AGREEING TO SUCH WAIVER OF RELOCATION BENEFITS. Dated: Paul Smith Dated: l 2' I _ Ll Glenda Smith C laa:4:� 26. Notices. All notices, demands, requests, or consents (collectively "notices") given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: Thomas W. Fischer, Land Protection Specialist Tel: (415) 691-1200 Fax: (415) 691-0485 Tenant: Bear Creek Stables Paul & Glenda Smith 1540 Calinoma Drive San Jose, CA 95118-2808 Tel: (408) 354-1787 Page 7 Notice given by mail in accordance with the requirements set forth above shall be deemed to have been delivered five(5) days after the posted date of mailing. 27. Waiver. Waiver by District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. District's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of District's right to recover the full amount thereof. 28. Attorneys'Fees. If an action shall be instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys'fees as fixed by the Court having jurisdiction. 29. Manure and Refuse Removal. Tenant shall be responsible for the removal of all manure and refuse on the Premises except for such material as may currently be situated in the landfill area, as shown on Exhibit A. Tenant shall promptly establish a manure and refuse removal schedule and program. At a minimum, manure shall be removed on a monthly basis, or more frequently as is necessary. In any event no more than 150 cubic yards of manure may be on the Premises at any time. 30. Water System. Tenant agrees that the water system, water quality, system maintenance and repair are the sole responsibility of the Tenant. Tenant is prohibited from grading, and cutting or removal of vegetation, without prior consent of District, in maintaining the off-Premises sections of the water system. Notice is hereby given to Tenant that the current spring water system is non-potable water. District shall have the right to limit or restrict the type, intensity, or location of use, posting"non-potable" as necessary to meet any Department of Health Services, Regional Board, or District policies, requirements or regulations regarding water. This right to limit or restrict the type or location of use as reasonably necessary shall be exercised when District determines that there is or threatens to be a significant degradation of water quality associated with use. Prior to effecting any limitations or restrictions, District shall first convey immediately to Tenant notice in writing of the specific reasons which necessitate such action. The notice shall be given not later than thirty(30) days prior to effecting such limitations or restrictions or a shorter time if reasonably required by the authority. 31. Permit System. District shall establish a permit system(attached as Exhibit D)for Stable Boarders in order to identify themselves to District personnel while using the trails in the Preserve adjacent to the Premises. Tenant shall require all Stable Boarders to participate in the permit system. District shall pay the cost of preparing the permits. Tenant shall be responsible for the cost of replacing any permits that may be lost, stolen or substantially damaged. Tenant acknowledges that District has the absolute right to make provision for the use, or restriction of use, of surrounding Preserve lands by Bear Creek Stables and members of the general public. 32. Land Management. Tenant understands that it is District's intention to preserve the open space character of the land around and on which the Premises are located, and Tenant agrees to cooperate with District to avoid erosion, overgrazing and overuse in any areas identified Page 8 by District. Tenant agrees to cooperate with District to manage any runoff from the stable operations to avoid any affect to downstream potable water sources. 33. Landfill Area. Tenant, its employees, contractors, invitees or guests shall not use, for any purpose whatsoever, the landfill area located at the southern portion of the Premises,just beyond the dressage ring. 34. Personal Property. Attached, as Exhibit "E" is a list of Personal Property recognized as property on the Premises belonging to Tenant. 35. Entry by District,Permittees. District reserves the right, for itself and/or contractors, to enter the Premises for the purpose of patrol, environmental studies or surveys, and land management. District reserves the right for equestrian General Permit holders, as defined by the Permit System Exhibit D, to park on the Premises at the General Permit Equestrian Parking areas, as designated on Exhibit A. No more than two (2)vehicles with trailers (3-horse trailer maximum size) shall be allowed at any time. No overnight parking shall be allowed. 36. General. (a) This Agreement contains all of the terms, covenants, and conditions agreed to by District and Tenant and supersedes any and all agreements previously made between Tenant and District with respect to the Premises. This Agreement may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Agreement or their respective successors in interest. (b) If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. (d) The paragraph headings of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. Page 9 (e) All persons who have signed this Agreement as Tenant shall be jointly and severally liable hereunder. (f) This Agreement shall be governed and construed in accordance with the laws of the State of California. (g) Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their name(s) or by their duly authorized officers and to be effective as of the date of final execution by District in accordance with the terms hereof. "DISTRICT" "TENANT" MIDPENINSULA REGIONAL OPEN BEAR CREEK STABLES SPACE DISTRICT By: ACCEPTED FOR OMME TION: Paul Smith o n B Date: Thomas W. Fischer Land Protection Specialist By: APPROVED AS TO FORM: Glenda Smith Date: 12 " 1-3 By: � � Susan M. Schectman, General Counsel APPROVED AND ACCEPTED: By: L. Craig Britton, General Manager Page 10 EXHIBIT "A" [Outline of Premises] STABLES AT BEAR CREEK REDWOODS ExHlsi-v A as I� 875-- -- 925 0eac`` ` f� 1 -Office/cross Tie ' .� in House' ,1`•� Hay Barn - ` r 16Septic `paddocks Q 1 Tank --- --- '�EiuERq t 'P6 �( y RKtN AR ° �N "Old Folks" Q addocks Pasture O 011e? 914t6 Cottage O (W t71a, ;,,-P:pt I LER Stables/Shop - ( - y Bam/Shop ems ( -825- Water Tank O \ I Legend Paddocks ( 900 Main Sa Water Line _ Electric line ` Arerla Unpaved Road f • _ _ 875-`_ ,l 875-1 { ,+,,, 1' \< "Dressage" ` 925 Arena 1 94 - Dump.Site-/_ -------- --775-' --- so- Scale November 16,1999 0 feet 300 EXHI IT "B" ["Rules&Regulations"] Exhibit B Bear Creek Stables Rental Agreement REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS (Adopted by Ordinance No. 93-1, July 28, 1993) CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of Midpeninsula Regional Open Space District Lands" and may be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of Midpeninsula Regional Open Space District, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Open Space District. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by Midpeninsula Regional Open Space District. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or "permission" means permission, granted in writing by the general manager or an authorized representative of Midpeninsula Regional Open Space District. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of Midpeninsula Regional Open Space District. SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way Page 1 affect the conduct or activities covered by other sections of this Ordinance CHAPTER H. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the State of California, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and official shall abide by the laws of the State of California and all applicable county, and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER III. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, Page 2 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. SECTION 301. VIOLATIONS OF ORDINANCE, A MISDEMEANOR OR INFRACTION. Any violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources Code, Section 5560.) SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juyenile. No juvenile shall camp on any District Lands, except when: 1) accompanied by a parent or guardian; 2) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; 3) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of 18 years. Page 3 SECTION 401. SWIMMING. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any water areas of the District except in designated areas. 401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS. TRAPS, WEAPONS, AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 ExgZ2figns. This section shall not apply to: 1) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; 2) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; 3) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FUZES. Page 4 404.1 G n r . No person shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be limited to any campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with Page 5 the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or event on District Lands without written permission when the activity or event: 4) is advertised or noticed in any publication, poster, or flyer; or 5) requests or requires a fee be paid for participation; or 6) may be attended by twenty (20) or more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 elf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall roller skate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. Page 6 SECTION 410 ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area that has been declared by the general manager or an authorized representative to be a prohibited area. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. 411.2 Unauthorized Siens. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V. PRESERVE USES - RIDINGMIKING TRAILS SECTION 500. RIDING/HIKING TRAILS. 500.1 Trail Use Spmd Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. Page 7 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on designated trails and roadways. 502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing an A.N.S.I. or Snell-approved helmet for head protection, with the exception of the trails open to bicycles east of Deer Hollow Farm at Rancho San Antonio Open Space Preserve. 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Pronertv. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private ProR= Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all Page 8 exterior boundaries and at all roads and trails entering such lands, without the written permission of the owner of such land, his or her agent, or of the person in lawful possession, and no person shall: 7) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof; 8) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or hunting on such lands; or 9) remove, injure, unlock, or tamper with any lock or any gate on or leading into such lands; or 10) discharge any firearm. CHAPTER VI. PRESERVE USES - COMMERCIAL/REVENUE SECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk,, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. Page 9 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Does. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: 1) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; 2) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet. 701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. Page 10 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations, or pursuant to a lease, license, or other entitlement of use granted by the District. 701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. SECTIO14 702. NATURAL AND CULTURAL RESOURCES. 702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant, tree, or portion thereof, whether living or dead, including, but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove any object of paleontological., archeological, or historical interest located on District Lands. 702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.5 Special Permission. Special permission (Section 105) may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. Page 11 I 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. CHAPTER VIII. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands, It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: 1) In areas where prohibited by "NO PARKING" signs; 2) On any fire trail; 3) On any equestrian or hiking trail 4) In such a place or manner as would block or obstruct any gate, entrance, or exit; 5) In such a place or manner as to take up more than one marked parking space in any authorized parking area; 6) In such a place or manner as to block or obstruct the free flow of traffic; 7) Within 15 feet of a fire hydrant; 8) Adjacent to any curb painted red; Page 12 i 9) On any district Lands after sundown except pursuant to a written permit; 10) In areas signed for permit parking on District Lands without a written permit; 11) In any other place on District Lands not designated by the District as an authorized areas. SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt-bikes," and similar vehicles. 802.2 Exemptions. This section shall not apply to: 1) emergency vehicles operated within the scope of official use; 2) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; 3) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. Page 13 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent. 805.2 After Hours Use. No person shall enter or remain on District Land "after hours" without a written permit issued by the District, except as specified in the lease. The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. SECTION 806. USE FEES. 806.1 NonMyment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. Page 14 EYMBIT "C" [Boarding Agreement] i EXHIBIT C Bear Creek Stables BOARDING AGREEMENT Owner: Date of Arrival: Billing Address: Date of Departure: Phone: Day: ( ) Residence: ( ) Fax: ( ) Social Security#: Driver License# Horse's Name: Breed: Age: Sex: Color: Date of Last Shots: Date of last worming: To the best of my knowledge, my horse has not been exposed to any contagious or infectious disease for two weeks prior to boarding. Uwe hereby consent to any medical treatment deemed advisable for my horse in an emergency. In the event my own veterinarian is unavailable Uwe consent to treatment by equestrian center management or equestrian center veterinarian.Uwe understand all charges thus incurred will be billed to me. My veterinarian is: Address: Phone: Day: ( ) Residence: ( ) Fax: ( ) Equestrian Center Health Care Requirements: 1) Worming on a regular schedule. 2) Shots prior to boarding(Strangles,Tetanus,and Rabies)and once a year thereafter. 3) Regular hoof care(every 6-8 weeks) 4) Horses must be groomed and exercised at least once per week. BoardingTotal...................................................................................................................$ *Ten(10%)discount for each additional horse boarded In facilities of equal or lessor value. Deposit required upon arrival: One(1)month's board Uwe understand all board and care is payable in advance and due on the first day of each month. A late fee of$20 will be charged on accounts unpaid by the loth of the month Uwe hereby grant a lien to the Equestrian Center for all unpaid charges. At least thirty(30) days written notice must be given to management prior to vacating.Failure to give thirty(30)days notice will result in loss of deposit. Every precaution is taken to protect the horse from illness,accident,fire,and theft. Bear Creek Stables and the Midpeninsula Regional Open Space District("District")shall not be held responsible for accident,illness,fire,or theft. Use of all facilities will be at owner's risk.Hours of operation are 7:00 a.m.to 10:00p.m., seven days per week. Uwe will not go into the Preserve area outside of the Stables premises before sunrise or one-half hour after sunset. Equestrian Center Rules For safety we require that you walk your horse at all times in Bear Creek Stables complex. No loose horses. As a courtesy to other boarders,there is a fifteen(15)minute time limit on arena use if there is someone waiting. No dogs on trails or remote park areas,as it is a wildlife sanctuary and their scent disturbs wildlife. In order to assist the District in assessing the Preserve,provide information on Preserve and trail conditions to District staff. Dogs in the equestrian center must be on a leash. For fire safety we prohibit smoking. Drive safely and obey all speed limits. Vehicles and trailer must park in assigned areas. Groom and bathe horse only in designated areas. Sweep up your horses droppings. Boarders and Parents are responsible for the conduct of their children and invited guests. Notify management immediately of any unsafe condition or practice. For emergencies dial 911.A basic first aid kit is available in the trailer. Obey all Park rules in addition to posted Equestrian Center rules. For your safety and to prevent trail damage,trails may be temporarily closed by the District due to trail conditions. All Boarders and Guests must have in possession a permit while on any trails. WAIVER OF LIABILITY Uwe further acknowledge that horse related activities contain inherent risks of injury and damage to me personally, to the horse, and to ...y equipment.Knowing these facts,fefreely assume consideration for being permitted to board at the Equestrian Center, hereby for myself, my sublessee's, my heirs, executors and administrators,waive, release, discharge and hold harmless the Midpeninsula Regional Open Space District and all other persons and organizations in any way connected with the events, property, boarding,lessons or any other activity on the premises, from any and all right, claim, or liability for damages or for any and all injuries that might be sustained by me, including injuries to animals, or from any and all claims of any kind or nature that Uwe might have as a result of participation in any activity on the premises. Uwe further agree that Uwe will defend, protect, indemnity and hold harmless the Midpeninsula Regional Open Space District(including its employees, directors, officers and agents), and all Equestrian Center employees representatives against all claims, demands, and causes of action, including court costs and attorney's fees, directly or indirectly arising from any action or other proceedings brought by or prosecuted for my benefit contrary to this release. Horse Owner's Signature Date: Horse Owner's Printed Name Phone: Day: S ) Residence: 1 ) Fax: ( ) Exhibit D Bear Creek Redwoods Permit System The goal of this permit system is to provide a method for those with a legitimate interest in the property to have a controlled and accountable method for access. Permits are of two types: General and Stable. Bicycle use is specifically prohibited in the Preserve. General Permits In the interest of providing site security and environmental study information, the District will issue a limited number of permits for people interested in hiking, or horseback riding, in the Bear Creek Redwoods Open Space Preserve. Permits will be issued for a one-day visit, if the visitor needs to utilize a designated parking area. This limitation is due to the extremely limited amount of parking. These permits can be obtained from the District's receptionist. A maximum of 20 individual permits will be issued per day, and will include a parking permit and preserve access permit. Permits for those who do not need to park will be issued for a period of six (6) months, and can be obtained by calling the District's Operation's Secretary at (650) 691-1200 x512. A maximum of 30 permits will be issued per six month period. As with other District permits, reasonable restrictions will be placed on the permits, and the permittee must have the permit in their possession while on the property. Equestrian General Permit holders must park in the designated General Permit Parking areas at Bear Creek Stables. A maximum of two (2) vehicles with trailers (maximum size: 3-horse trailer) per day will be issued permits to park within Bear Creek Stables. General Permittees are to report any significant findings or activities to the District. Stable Permits Stable Permits will be issued for equestrians who are operating out of the currently existing stable. The Stable Permits will be worn by each rider whenever on the Preserve outside of the stable Premises. To control the number of equestrians on the trails, only twelve Stable riders are allowed on the Preserve at any one time. The District will supply Fifty (50) Stable Permits to Bear Creek Stables. The stable operators are responsible for creating a system whereby the Stable Permits are worn by each rider, and no more than twelve (12) riders are on the Preserve at any one time. The initial set of Stable Permits will be paid for by the District, but the replacement of any lost Stable Permits will be paid for by the stable operators. Stable tenants may have guests ride, but the overall number of Stable Permits will not be increased to accommodate guests, and no more than twelve (12) riders are allowed on the Preserve at any one time. Stable Permittees are to report any significant findings or activities to the District. EXHIBIT "E" [List of Personal Property Owned by Tenant] Personal Property Owned by Tenant All appliances in house and cottage All furniture in house and cottage Washer and dryer Dog run fencing Outdoor tables and chairs All tack closets All horse water basins and horse waterers All pipe panels of arena and paddocks All metal gates (except gates at entry to property) All metal stakes and hot-wire fencing All horse shelters Three(3) 2500 gallon water tanks All hoses, tools, machinery and equipment used in maintaining the stables Soda machine Regional Open . we R-99-158 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-29 December 15, 1999 AGENDA ITEM 2 AGENDA ITEM Proposed Addition of Greenblatt Property to the Long Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Greenblatt property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Long Ridge Open Space Preserve. 4. Indicate your intention to withhold dedicating the property as public open space at this time. DESCRIPTION (see attached man) The 39.79-acre Greenblatt property is located west of Saratoga Gap and adjacent to Long Ridge Open Space Preserve and Portola Redwoods State Park. Situated on the north slope of Slate Creek, the property is easily viewed from public trails on the southwest portion of the preserve. A segment of the State park's Slate Creek Trail, that will someday be linked up to the Long Ridge Open Space Preserve, lies within 500 feet of the property's southeast corner. The close proximity of the property to Slate Creek makes this an important acquisition in terms of protecting the integrity of the riparian corridor that could easily be threatened by residential development on a sensitive hillside identified as an ancient landslide. Acquisition of the property will ensure protection of the valuable scenic, recreational, and riparian habitat values of the Slate Creek corridor. The Greenblatt property is bounded by Portola Redwoods State Park to the south, and private property to the north, east, and west but District land is contiguous to the property's northeast corner. The property can be reached by either Rhus Road (not to be confused with Rhus Ridge Road in Los Altos Hills) which bisects the northern portion of the site, or a driveway that descends south and east from the intersection on Doherty Ridge Road and Rhus Road. The square-shaped property is generally comprised of steep, rugged, south-facing hillsides with a narrow ridge and tributary crossing the southwest corner. The west and south portions of the site are densely forested with a mixture of redwoods, Douglas fir, oak, madrone, and bay laurel. Attractive second growth redwood groves are located on the southeast ridge. The 330 Distel Circle . Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton R-99-158 Page 2 central and north portion of the property is largely comprised of brush and poison oak characteristic of the underlying ancient landslide where it is difficult for trees and other major vegetation to establish. The open area affords beautiful views to the south and east, including Butano Ridge and Big Basin. Improvements to the property include roads, trails, a house trailer, a storage shed, and water tanks. Rhus Road, an unsurfaced road that originates at Doherty Road and eventually connects back to same, crosses the north portion of the property. Both the property and Doherty Road are subject to road agreements in Portola Park Heights that the District is a party to and which contributes to road maintenance on behalf of other District owned lands in the area. The main access to the site is an unsurfaced driveway that enters at a gate located on the west and extends in an easterly direction to the center of the site where a house trailer and storage shed are located. The road is deteriorating quickly due to failing culverts. The trailer is in poor condition and will have to be removed. Debris in this area is mostly comprised of old and rotting cut firewood. A path has recently been graded from the trailer steeply up towards the northeast corner of the property where it joins Rhus Road. USE AND MANAGEMENT Planning Considerations The property is located within the unincorporated area of San Mateo County and zoned RM (Resource Management), having a single residential development unit per parcel. Residential development would be difficult due to the presence of a large landslide, and the instability and drainage problems associated with the access roads. The District's Regional Open Space Study shows a proposed public trail within the Slate Creek corridor connecting Long Ridge Open Space Preserve to Portola Redwoods State Park. The property is located within 500 feet of Slate Creek. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. Patrol: Routinely patrol the property Signs: Install preserve boundary signs where appropriate. Cleanup: Remove house trailer and storage shed. R-99-158 Page 3 Restoration: Provide erosion control on steep pathway near house trailer; restore driveway to natural condition following removal of structures. Name: Name the property as an addition to the Long Ridge Open Space Preserve. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEOA COMPLIANCE Project Description The project consists of the acquisition of a 39.79-acre property as an addition to Long Ridge Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the Long Ridge Open Space Preserve. Structures in poor condition will be removed and the land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Long Ridge Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. R-99-158 Page 4 TERMS & CONDITIONS The purchase price of the 39.79-acre Greenblatt property is $250,000, which is payable in cash at the close of escrow. This property is being acquired on a bargain sale basis because the price being paid is substantially below the appraised value of the subject property. The property consists of a single legal parcel in San Mateo County as a part of the Portola Park Heights neighborhood. As part of this transaction, the District is assuming responsibility for clean-up of the double- wide mobile home trailer and prefabricated metal shed at an estimated cost of$7,500. The sellers have removed a flatbed trailer and water tanks from the property at their expense. BUDGET CONSIDERATIONS Fiscal Year 1999/2000 Budget for Land Acquisition New Land Budgeted for Acquisition $20,000,000 Land Acquisitions Approved this year (7,617,170) Greenblatt acquisition proposed on this agenda (250,000) Acquisition Budget Remaining $12,132.830 Controller M. Foster has been consulted on this proposed acquisition, and has indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to the Long Ridge Open Space Preserve for protection of watershed, wildlife habitat, and scenic backdrop. PUBLIC NOTIFICATION Owners of privately owned property located adjacent to or surrounding the subject property have been notified of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative RESOLUTION 99- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE - LANDS OF GREENBLATr ET AL.) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement and Amendment to Purchase Agreement between Adam K. Greenblatt and Cynthia L. Fong and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$250,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. LONG RIDGE OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT yh . . ........ . UPPER E ISIS W.6: CREEK COUNTY PARKI ltk" LONG RIDGE OPEN SPACE PRESERVE . ........... .................... PROPOSED ACQUISITION .................................... GREENBLATT FONG, 39.79 AC. PORTOLA REDWOOD! STATE PARK ------ ---- ....... .. 0.7 0 0.7 1 .4 Miles Purchase Agreement Page 2 property and appurtenances shall hereinafter be called the "Subject Property" or the "Property. 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Two Hundred Fifty Thousand Dollars and No/100 Dollars ($250,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 13 herein, an escrow shall be opened at North American Title Company, 2920 Woodside Road, Woodside, CA 94062 (650) 851-7920 (Escrow number M604457) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The parties intend that the time provided for in the escrow for the close thereof shall be on or before December 17, 1999, but in no event later than December 31, 1999, unless Seller consents in writing to a later closing date, or Seller has failed to deliver into escrow any item or document necessary for the Closing thereof so that escrow cannot reasonably close by that date. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of San Mateo County. B. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. District agrees to acknowledge the Seller's completed IRS 8283 "Noncash Charitable Contributions" form prior to the close of escrow in form and content satisfactory to Seller and District. C. Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A." D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; PURCHASE AGREEMENT - BARGAINS This Agreement is made and entered into by and between ADAM K. GREENBLATT and CYN'THIA L. FONG, husband and wife hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and.convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. WHEREAS, Seller wishes to sell and convey said property to District, at a price below fair market value, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately thirty nine and seventy- nine hundredths (39.79 f) acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Number 085-080-180. Said property is further described in the Legal Description attached to Preliminary Report number M604457 from North American Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference. Said property is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real Purchase Agreement Page 3 (ii) District's check payable to Escrow Holder in the amount of Two Hundred Forty-Nine Thousand and No/100 Dollars ($249,000.00) which is the balance of the Purchase Price of Two Hundred Fifty Thousand Dollars and No/100 Dollars ($250,000.00) as specified in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 13 of this Agreement. E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in San Mateo County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. .F. District's obligation to purchase the Property is conditioned upon North American Title Company, or other title company acceptable to District and Seller, delivering to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$250,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) title exceptions 3, 4, 5, 6, 7, 8, 9 and 10 as listed in Preliminary Report ("Exhibit A") dated October 6, 1999; and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3.E and less the sum of$5,000.00 which shall be placed in an impound account pursuant to Section 11 of this Agreement), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. i � Purchase Agreement Page 4 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authority_. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. C. Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of PMMM. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any materially adverse physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. i Purchase Agreement Page 5 8. Seller's Covenant of Indemnification. Seller shall indemnify, defend and hold harmless District from any claims, liabilities, losses, damages and costs, including reasonable attorneys' fees, caused by the District being made a party to the litigation entitled Greenblatt, et al. v. Wargo, et al., case number 405068, in the Superior Court of San Mateo County (the "Action"), or otherwise caused by, arising out of or in any other way related to the pendency or prosecution of the Action, including, but not limited to, the mediation between the parties to the Action on May 12. 1999 and the effect of any agreement reached between the parties to the Action as a result of such mediation. Seller shall exert reasonable best efforts to resolve said action by dismissal or settlement on terms acceptable to Seller before escrow closes, and failing to do so, Seller shall continue to exert such efforts after escrow closes. This covenant shall survive close of escrow. Notwithstanding the foregoing, Seller does not indemnify or hold harmless the District from any loss or diminution in the value of the Property which is the subject of this Agreement, or loss in the value of any easements appurtenant thereto resulting from the occurrences, transactions, and events that are the subject matter of the Action, except to the extent that the District, in any capacity whatsoever, becomes a party to the Action or any settlement or mediation which results therefrom. 9. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). B. Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) To the best of Seller's knowledge and without further inquiry, the Property does not contain any Hazardous Waste or underground storage tanks; (ii) To the best of Seller's knowledge and without further inquiry, Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; Purchase Agreement Page 6 (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted or authorized , and will not undertake, permit or authorize the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatener) litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements with any governmental authority or agency (federal, state, or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. C. Indernni1y. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities, losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained herein. In connection with any hazardous substance contamination which constitutes a breach of the representations and warranties of Seller contained herein, Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, and which constitutes a breach of the representations and warranties of Seller contained herein, District may exercise its right to bring an action against Seller to recover any Purchase Agreement Page 7 cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 10. Waiver of Relocation Benefits and Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91- 646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246- 256) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there under and to any other compensation, except as provided in this Agreement. Seller has been advised as to the extent and availability of such benefits, procedures, notice periods, and assistance, and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement, including the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections, and District agrees to provide Seller with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted by Seller thereunder. If after the close of escrow a revised IRS Form 8283 reflecting a timber valuation is submitted to the District, District agrees to provide Seller with an acknowledged revised IRS 8283 Form. If Seller or Seller's appraiser needs to access the Property for a timber appraisal purposes, District shall provide to Seller and/or Seller's appraiser reasonable access during dry road conditions. 11. Vacancy and Removal of Vehicles, and Personal Property. A. It is understood and agreed that located on the Subject Property are the following items of personal property: a flat bed trailer, two 2,500 gallon and one 500 gallon plastic water tanks, and several 5 gallon fuel containers. Seller agrees to remove these items from the Property in compliance with all applicable laws on or before the close of escrow as specified in Section 3.A of this Agreement. To ensure that the Seller cleans up and removes these items of personal property, the escrow holder shall establish an interest bearing impound account containing the sum of Five Thousand and No/100 Dollars ($5,000.00) ("the impounded funds") as a hold back from the Purchase Price as described in Section 3G of this Agreement. B. Upon Seller's completion of the removal, Seller shall deposit with the escrow holder a statement signed by District acknowledging the satisfactory completion of the removal and authorizing the disbursement of the impounded funds to Seller. In the event Seller fails to satisfactorily complete this removal prior to the close of escrow, the District may unilaterally direct the escrow holder to disburse the impounded funds to District which may be used by District to complete the removal. In the event District's cost of removal is less than $5,000.00, District shall remit any remaining balance of the impounded funds to Seller. Purchase Agreement Page 8 C. District shall assume all responsibility for clean-up and removal of the double wide mobile home trailer approximately 24' X 50' in size, and the 10' X 14' prefabricated metal shed located on the lower building site. This Section 11.C does not relieve Seller of any of Seller's responsibilities, representations and warranties set out elsewhere in this Agreement. 12. Miscellaneous Provisions. A. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. B. Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determiners by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. C. Amendment,and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party Hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance, including execution of any documents which may allow Seller to accomplish a tax deferred exchange of property as permitted by law; provided, however that the District shall not take title to any third party property other than the subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. D. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. Purchase Agreement Page 9 E. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Adam Greenblatt and Cynthia Fong c/o Ellie Bullis &Linda Schweizer Coldwell Banker 116 Portola Road Portola Valley, CA 94028 (650) 851-1961 FAX (650) 851-4231 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. F. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. Purchase Agreement Page 10 G. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. H. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. I. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. J. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. K. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. L. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. M. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. N. Bindiniz on Successors and Assi ns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitter) by law, on the successors and permitted assigns of the parties hereto. O. Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, Purchase Agreement Page 11 agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. P. Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. Q. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. R. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. Hearings shall be held in San Mateo County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW.AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE*ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. ~ SELLER INITIAL (�V BUYER INITIAL U Purchase Agreement Page 12 13. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before November 18, 1999, District shall have until midnight December 15, 1999 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. As consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price_as set forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with Section 3.A., and the terms and conditions set forth herein. Ill JlI 11l IlI Ill ill ll/ rll lir Purchase Agreement Page 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Adam K. Greenblatt ACCEPTED FOR RECOMMENDATION Date: 12 kc,,,I Michael C. Williams, Real Property Cynthia L. Fong Representative itiL�6z 1 o) Date: APPROVED AS TO FORM: Susan M. Schectman, General Counsel RE O E.D FOR APPROVAL: g n, General Mana APPROVED AND ACCEPTED: President, Board of Directors Date: ATTEST: District Clerk Date: Orth American Tine CL aany DIRECT ALL INQUIRIES TO: Escrow Officer: ALBA ORTIZ Our No.: M604457 UPDATE #2 COLDWELL BANKER 116 PORTOLA ROAD PORTOLA VALLEY, CA 94028 ATTN: ELLIE BULLIS PROPERTY ADDRESS VACANT LAND LA HONDA, CALIFORNIA IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Insurance Company HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of OCTOBER 6, 1999 CHRISTINE AYERS/PA at 7:30 A.M. Title Officer 2920 Woodside Road, Woodside, CA 94062 650-851-7920 FAX NO. 650-851-7924 ISIT `' page-1-of-4- 4b !'firth American Title Co*any THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ADAM K. GREENBLATT AND CYNTHIA L. FONG, HUSBAND AND WIFE,AS JOINT TENANTS The form of policy of title insurance contemplated by this report is: ALTA and/or CLTA MISIT Page 2 of 9 Page O•...il— Order No. M604457 Noth American Title Coi6any Description: The land referred to herein is situated in the State of California, County of SAN MATEO, UNINCORPORATED AREA, described as follows: PORTION OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 8 SOUTH RANGE 3 WEST, MOUNT DIABLO .BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 3 THAT BEARS SOUTH 10 40' 26" WEST 982.71 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 3; THENCE LEAVING SAID WEST LINE SOUTH 851 09' 46" EAST 1308.57 FEET TO THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM GREENDYKE INVESTMENTS, INC., TO JAMES DARWIN CRANE, RECORDED MARCH 17, 1972 IN BOOK 6111 OFFICIAL RECORDS, PAGE 298, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 850 09' 46" EAST, ALONG THE SOUTH LINE OF THE AFORESAID CRANE PARCEL, 1310.23 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 00 22' 44" WEST 1320.00 FEET; THENCE NORTH 85' 09' 50" WEST 1325.29 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM GREENDYKE INVESTMENTS, INC., TO PAUL STORAASLI ET UX, RECORDED JULY 12, 1972, BOOK 6187, OFFICIAL RECORDS, PAGE 716; THENCE NORTH 01 ' 0 1 ' 51 " EAST ALONG THE EAST LINE OF LAST SAID PARCEL SO CONVEYED TO STORAASLI, 1318.94 FEET TO THE NORTHEAST CORNER THEREOF AND THE TRUE POINT OF BEGINNING. THE FOREGOING BEING A PORTION OF THE PARCELS OF LAND DESIGNED ON THE MAP OF RECORDS OF SURVEY FOR GREENDYKE INVESTMENTS, INC,, FILED SEPTEMBER 15, 1971 , BOOK 7 OF LICENSED LAND SURVEY MAPS, PAGE 83, SAN MATEO COUNTY RECORDS. A.P.N. 085-080-180 J.P.N. 085-008-080-18 EXHIBIT Page 3 of 9 Page 3-JUL. Order No. M604457 N*th American Title Con$any At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 General and special property taxes, and any assessments collected with taxes, including utility assessments, for the fiscal year 1999/2000. First Installment: $1,325.45 OPEN Second Installment: $1,325.45 OPEN Code Area: 66-007 Parcel No.: 085-080-180 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. Covenants, conditions and restrictions as set forth in the document: Recorded: JUNE 26, 1968 Instrument No.: 54316-ABC Book: 5493 OF OFFICIAL RECORDS Page: 269 Deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 36040". SAID INSTRUMENT CONTAINS PROVISIONS FOR THE PAYMENT OF MAINTENANCE OF ROADS 4. The terms and provisions contained in a Covenant and Agreement: Executed by: PAUL M. CHESEBROUGH AND MILLARD R. HUMPHREY AND WEDEN P. HUMPHREY, TEAL In favor of: CONSTRUCT AND MAINTAIN A GATE Recorded: SEPTEMBER 25, 1968 Instrument No.: 78274AB Book: 6535 Page: 640 Which, among other things, provides for: EXHIBIT Page 4 of 9 Page!;Su Order No. M604457 I&rth American Title Q ?any 5. Covenants, conditions and restrictions as set forth in the document: Recorded: SEPTEMBER 25, 1968 Instrument No.: 78275AB Book: 5535 Page: 643 Deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 36040". SAID INSTRUMENT CONTAINS PROVISIONS FOR THE PAYMENT OF MAINTENANCE OF ROADS 6. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: MELIORATE HUMPHREY, A MARRIED MAN, AND WOODEN HUMPHREY, A MARRIED MAN No representation is made as to the present ownership of said easement. For: A 50 FOOT EASEMENT FOR BOTH VEHICULAR, ANIMAL AND PEDESTRIAN PURPOSES, AND FOR ROADWAYS FOR INGRESS AND EGRESS AND FOR THE PURPOSE OF MAINTAINING OVERHEAD AND UNDERGROUND UTILITY SERVICES AND DRAINAGE FACILITIES Recorded: JUNE 21, 1971 Instrument No.: 18774-AE Book: 5964 Page: 1.59 Affects: OVER SAID LAND EXHIBIT Page 5 of 9 page.�LOLIL Order No. M604457 N th American Title Cot any 7. Covenants, conditions and restrictions as set forth in the document: Recorded: JUNE 21, 1971 Instrument No.: 18774-AE Book: 5964 OF OFFICIAL RECORDS Page: 159 Deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 36040". Said instrument also provides for assessments levied by the PORTOLA PARK HEIGHTS PROPERTY OWNERS Association. 8. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, shown or dedicated by the map of: For: ROADWAY AND 50 FEET EASEMENT Affects: NORTHERLY AND WESTERLY PORTIONS 9. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: MELIORATE HUMPHREY, A MARRIED MAN AND WOODEN HUMPHREY, A MARRIED MAN No representation is made as to the present ownership of said easement. For: 50 FOOT EASEMENT FOR BOTH VEHICULAR, ANIMAL AND PEDESTRIAN PURPOSES, AND FOR ROADWAYS FOR INGRESS AND EGRESS AND FOR THE PURPOSE OF MAINTAINING OVERHEAD AND UNDERGROUND UTILITY SERVICES AND DRAINAGE FACILITIES. Recorded: DECEMBER 9, 1971 Instrument No.: 70685-AE Book: 6059 OF OFFICIAL RECORDS Page: 510 Affects: OVER SAID LAND EXHI.SIT A Page 6 of 9 Page Order No. M604457 10 Wrth American Title Cc pany 10. Covenants, conditions and restrictions as set forth in the document: Recorded: DECEMBER 9, 1971 Instrument No.: 70685-AE Book: 6059 OF OFFICIAL RECORDS Page: 510 Deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USG 36040". Said instrument also provides for assessments levied by the PORTOLA PARK HEIGHTS PROPERTY OWNERS Association. 11 . A Deed of Trust to secure an indebtedness of the amount stated herein Dated: OCTOBER 24, 1995 Amount: $200,000.00 Trustor: ADAM K. GREENBLATT AND CYNTHIA L. FONG, HUSBAND AND WIFE Trustee: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION Beneficiary: TUDOR D. QUIBAN, JR. AND ESTELITA C. QUIBAN, HUSBAND AND WIFE AS JOINT TENANTS Recorded: OCTOBER 31 , 1995 Instrument No.: 95-1 1 61 1 7 Loan No.: NONE SHOWN Beneficiary Address: 2926 DUBLIN DRIVE, SO. SAN FRANCISCO, CA 94080 END OF EXCEPTIONS A EXHIBIT q Page 7 of 9 Page of-li— Order No. M604457 North American 11itle Co*any Informational Note: No transfers or agreements to transfer the land described herein appear of record during the period of 2 years prior to the date of this report, other than as may be shown therein, except as follows: NONE General and special property taxes, and any assessments collected with taxes, including utility assessments, for the fiscal year 1998/1999. First Installment: $1,301 .36 PAID Second Installment: $1,301 .36 PAID Code Area: 66-007 Parcel No.: 085-080-180 SHORT TERM RATE DOES APPLY MS CC: PENINSULA OPEN SPACE EXHIBIT Page 8 of 9 Page Order No. M604457 f" rth American Title Company California Assembly Bill 512 ("AB512") is effective on January 1, 1990. Under A8512, North American Title Company, Inc. ("North American Title Company, Inc.") may only make funds available for monetary dispersal in accordance with the following rules: SAME DAY AVAILABILITY - Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company ("North American Title Company, Inc.") in CASH or by electronic transfer (wire). Bear in mind that cash will be accepted from customers only under special circumstances as individually approved by management. NEXT DAY AVAILABILITY- If funds are deposited to North American Title Company, Inc., by cashier's checks, certified checks, or teller's checks, disbursement may be on the nest business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (E.G., a savings and loan funding with a check against a FDIC insured bank). 2-5 DAY AVAILABILITY(Regulation CC) - If the deposit is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. This requires a "HOLD" on some checks of 2-5 days or longer in some instances. Personal checks, drafts, private corporation and company checks, and funding checks from mortgage companies that are not teller checks are among those checks subject to such holds. (For further details, consult Chapter 598,Statutes of 1989). NOTE:The above guidelines are in conformity with those issued by the Department of Insurance for all California Title Insurance and California Title Companies. PRELIMINARY CHANGE OF OWNERSHIP REPORT NOTE: On or after July 1, 1985, the County Recorder's office will charge, in addition to the regular charges, an extra $20.00 recording fee, unless a document evidencing a change of ownership is accompanied by a preliminary change of ownership report. In lieu of said report, signed by the transferee, the recorder will accept an affidavit that the transferee is not a resident of California. Title billings will be adjusted to reflect such additional fees when applicable. IRS FORM 1099 Before the transaction contemplated by this report can be closed, the seller/borrower must furnish a taxpayer identification number to us to that we can file an IRS Form 1099.,or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Service. NOTICE OF A WITHHOLDING REQUIREMENT This is a notice of a withholding requirement (California Revenue and Taxation Code Section 18662) on sales of real property. In accordance with Section 18862 of the Revenue and Taxation code, a buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price, in the case of a disposition of California real property interest by either: A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, or A corporate seller which has no permanent place of business in California, or For failure to withhold, the buyer may become subject to a penalty in an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: The sales price of the California real property conveyed does not exceed One Hundred Thousand Dollars 1$100,000),or The seller executes a written certificate, under penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, or The seller, who is an individual, executes a written certificate, under penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. In the event the buyer requires withholding of the 3 1/3 percent of sales price from the sellers proceeds, the buyer is required to file a copy of Form FTB597 with the Franchise Tax Board along with the withholding amount due no later than the 20th day of the month following the month in which the withholding occurred, unless the seller has requested a waiver. If the seller has requested a waiver, the Franchise Tax Board, within 45 days, will either authorize a reduced amount, or no amount, or deny the request, at which time the amount withheld along with a copy of Form FTB597 must be sent to the Franchise Tax Board, at the following address: FRANCHISE TAX BOARD, WITHHOLDING AT SOURCE UNIT, P.O. BOX 651, SACRAMENTO, CALIFORNIA 95812-0651 (916) 845-4900. EXHIBIT Page 9 of 9 Pag®-„„ofl. Order No. M604457 The information on this plat is provided for c 33 34 ` Iocaa6oe�fEtl�B,abiect properly- The .IE �/ 4 = .Jf,•w ,= Rsa� accuracy of this �3 plat is not guaranteed,nor =► ,� ;A'^ tw is it a part of any oolicy, report or ' � �-��,�,��:.��Y O �� O � 85-8 guarantee to which it may be attached. Cl) I.MTV ,O Q 1 WTI d4i �ieo'"' s nis•= J=�.=r /'- l000' b I • 2 � t fill J 1 O b . J.c3S_ R,8W, 6. .. . 7: 8 8 9 .c ———�afr70•J--— 9�10 080 ?4 O r •IetO'a 0 --Ip.MN,14r,PM L.L.S. 4125 " a 1 ee•oe'I!•c„z`aszs' /T .a •Al,aYN�r=,',A•N' I V V (n .-11FYf'NN•fNlf N O h O I YAW N,'UYT, •I e a O -•Iex1Y N Il111tl1! - ..,s,.ea'NK.M'41M N IdAir „1SAOw 6 ,aa•Je'•Irc 1e SdAr= ..S3LarAea'9,4f W �l jn.Ja fiv. 11 -•n,Ar NArJr,r•w I �� to ti a t}• -,A,•IT#I-171jo-E1I NA,rol71'W Y`• O 7 8 :I.s.,•Mrr,r=,wia. 8 9 OO WW7 18117 17 16 ,a „• :-_, J,L7 9 10 = ►xra o Ie ay A8S6aSOR'7 r� M,4p cay# oF JA/N ,wer6a cA_ /9 LA HONoi1-PCSCADERO UNIFIED SCHOOL D/ST. — - -- -- — m EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or tine to water,whether or not the matters excepted under(a),(b),or(c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of i. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting a relating o(i)the occupancy,use,a enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the!and;(iii)a separation in ownership or a change in the dimersns or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the!and has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant: (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in wring to the Company by the insured claimam prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,cr'he inability or failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unerforceabiRy of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer ore& protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction crea5ng the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimanl;(b)nct known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and •the taking happened prior to the Policy Date and is binding on you f you bought the land without expenses resulting from: knowing of the taking. 1. Governmental police power,and the existence or violation of any law or government regulation.This 3. Tine Risks: includes building and zoning ordinances and also laws and regulations concerning: •that are created,allowed,or agreed to by you •land use •that are known to you,but not to us,on the Policy Date—unless they appeared in the public •improvements on the!and records. •land division •that result in no loss to you •environmental protection •that first affect your tine after the Policy Date—this does not limit the labor and material lien This exclusion does not apply to violations or the enforcement of these matters which appear in the coverage in Item 8 of Covered Title Risks. public records at Policy Date. 4. Failure to pay value for your fine. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title 5. Lack of a right Risks. •to any land outside the area specifically described and referred to in Urn 3 of Schedule A,or 2. The right to take the land by condemning it,unless: •in streets,alleys,or waterways that touch your land. •a notice of exercising the right appears In the public records on the Policy Date. This exclusion does not limit the access coverage in hem 5 of Covered Tree Risks. STANDARD EXCEPTIONS (a) Any rights,interests or claims of parties in possession of the land not shown by the public records. (t>j�ny easements or liens not shown by the public records.This does not limit the lien coverage in ftem 8 of the Covered Trde Risks. (c) y facts about the land which a correct survey would disclose and which are not shown by the public records.This does not limit the faced removal coverage in Item 12 of Covered Risks. (d) Any water rights,claims or title to water on or under the land EXH 181f NAT_548JFEV.11194) Page Hof i, t .-- Regional Open : ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-155 Meeting 99-29 December 15, 1999 AGENDA ITEM 3 AGENDA ITEM Authorization to Contract for Resource Inventory and sessment Planning Services at Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATION 1. Determine that the proposed Sierra Azul Open Space Preserve Resource Inventory and Assessment project is categorically exempt from the California Environmental Quality Act (CEQA), based on findings contained in this report. 2. Authorize the General Manager to execute an agreement with Aerial Information Systems in an amount not to exceed $18,500 to provide vegetation and habitat mapping services at Sierra Azul Open Space Preserve. 3. Authorize the General Manager to execute an agreement with Biotic Resources Group in an amount not to exceed $37,950 to conduct a botanical inventory and assessment at Sierra Azul Open Space Preserve. 4. Authorize the General Manager to execute an agreement with Dana Bland and Associates in an amount not to exceed $32,500 to conduct a wildlife inventory and assessment at Sierra Azul Open Space Preserve. 5. Authorize the General Manager to execute an agreement with Eric Remington in an amount not to exceed $5,000 to provide assistance to Dana Bland and Associates with the wildlife inventory at Sierra Azul Open Space Preserve. 6. Authorize the General Manager to execute an agreement with Jeff Nolan and Associates in an amount not to exceed $42,750 to conduct a geological and soils inventory and assessment at Sierra Azul Open Space Preserve. 7. Authorize the General Manager to execute an agreement with Swanson Hydrology and Geomorphology in an amount not to exceed $20,000 to conduct a hydrological and water quality inventory and assessment at Sierra Azul Open Space Preserve. 8. Authorize the General Manager to execute an agreement with Steven Singer in an amount not to exceed $12,000 to conduct an assessment of the roads and trails at Sierra Azul 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 .General Manager:L.Craig Britton R-99-155 Page 2 9. Authorize the General Manager to execute an agreement with Gavin Hoban in an amount not to exceed $11,500 to provide assistance to Steven Singer with the road and trail assessment and to coordinate production of maps and graphics for the project using Global Position Satellite (GPS) and Geographic Information System (GIS)technology. 10. Authorize the General Manager to execute an agreement with Charlene Duval in an amount not to exceed $7,500 to conduct an inventory and assessment of the cultural, historical, and archaeological features at Sierra Azul Open Space Preserve. 11. Authorize the General Manager to purchase a Trimble Pro XR Global Positioning Satellite (GPS) receiver in an amount not to exceed $11,750 through a California Multiple Award Service contract for use in resource mapping activities, and authorize the General Manager to transfer this amount from the Planning Program's contract services budget to the capital equipment budget. DISCUSSION At your September 14, 1994, meeting, you adopted a set of Resource Management Policies that were designed to ensure the long-term protection of the District's natural resources by factoring ecological and cultural resource criteria into the preserve planning process (see report R-94-91). The Resource Management Policies identified the need for detailed resource studies at each preserve: "Resource management studies will provide detailed inventories of all resources, including physical, biotic, scenic, aesthetic, and heritage resources. They will also consider regional setting, adjacent land uses, and status of relevant cooperative planning efforts beyond the preserve boundaries. This detailed information will form the basis for site-specific goals and management recommendations." (Resource Management Policies, p. 2-2) Development of a natural resource management-based plan for Sierra Azul Open Space Preserve was identified as a key project in the fiscal year 1999-2000 Planning Work Program. The goal of the proposed project is to develop a model preserve planning process that implements the District's Resource Management Policies by integrating detailed resource studies into the preserve planning process. In conjunction with development of the model plan at Sierra Azul, staff would update the District's Use and Management Planning Policies to account for the necessary resource planning procedures identified during the Sierra Azul planning process. Staff has conducted extensive review of the project's goals, objectives, and methodology with District personnel and with peers from other agencies. The Use and Management Committee met in June 1999 to review the goals and objectives of the proposed Sierra Azul planning project. The Committee approved the project in concept and expressed support for the development of a model plan that accommodates appropriate public use, but that serves primarily as a conservation plan designed to protect and restore the long-term integrity of the preserve's natural resources. This approach implements the Resource Management Policies and is consistent with the recently updated Basic Policy and Mission Statement. R-99-155 Page 3 The project is organized into two phases. The purpose of Phase One, the natural resource inventory and assessment, is to carefully map and evaluate the preserve's natural and cultural resources; existing roads and trails; and other facilities and infrastructure. Consultants will develop detailed maps of the preserve's natural features and enter this information into the District's GIS database. They will then conduct a resource assessment of the preserve to locate environmentally sensitive areas in order to identify opportunities and constraints associated with potential uses. Finally, they will develop a set of preliminary resource management recommendations based on their findings from the inventory and assessment tasks. These recommendations will be designed to serve as an interim resource management plan until a final master plan is completed for this preserve. Phase Two would focus on the development of a master plan for Sierra Azul Open Space Preserve. By identifying resource constraints during Phase One, staff can focus planning efforts in the appropriate areas and avoid planning duplication and recreational development in sensitive locations. The master plan would account for public access, land use, recreational facilities development, and the final CEQA documentation. Development of this plan would begin upon completion of the resource inventory, anticipated to be complete by the end of 2000. Staff requested and received a number of qualifications packages from planning firms and individuals interested in the Sierra Azul planning project, and conducted a thorough evaluation of their capabilities, references, and budget projections. To reduce project costs and maximize efficiency, staff chose not to retain a large planning firm to manage the project, but to work directly with consulting resource specialists. Directly managing the work of these specialists will allow for much greater control over project costs and concentration on needed information, and will ensure the development of a straightforward planning process that can be replicated in other areas of the District. The consultants were chosen for their expertise in resource plan development, and for their demonstrated ability to work together as a cohesive team. They have worked on a variety of park planning and resource management projects, including the Almaden Quicksilver County Park Master Plan, the Pogonip Master Plan for the City of Santa Cruz, and the Cloverdale Coastal Ranch Plan for the Peninsula Open Space Trust. The Use and Management Committee met on November 30, 1999, to review the scope of work, schedule, and budget. The Committee forwarded the recommendation that the Sierra Azul Open Space Preserve resource inventory and assessment project proceed and that the General Manager be authorized to enter into the consultant contracts. The proposed study area will encompass all of the 15,000-acre Sierra Azul Open Space Preserve, including the newly opened Loma Prieta Ranch in Santa Cruz County. The project may also include San Jose Water Company holdings, contingent upon their participation in the planning process. The estimated cost of completing the resource inventory and assessment, including preparation of the preliminary resource management plan, is $199,450, of which $50,000 was budgeted in fiscal year 1999-2000. Due to the timing of the project, it is unlikely that this amount will be spent by fiscal year end. However, should the project exceed this amount, there are additional funds available for the project from other planning projects that are under budget, including the San Mateo Coastal R-99-155 Page 4 Annexation project and the Trail Policy Update project. The remaining funding necessary to complete the inventory and assessment project would need to be authorized in fiscal year 2000-2001, including funds for the master planning phase of the project. Staff also recommends purchase of a Trimble Pro XR Global Positioning Satellite (GPS) receiver for use in this and future projects. Use of GPS technology is the ideal way of recording precise locational information, such as property boundaries, trail alignments, and natural habitat features like nesting sites or wetlands. The Trimble Pro XR unit would allow data collected in the field to be easily entered into the District's GIS system and immediately displayed on a map. While use of GPS is standard practice for larger resource management planning firms, the smaller consulting teams preferred by staff for this project lack this mapping technology. A GPS unit purchased for this project could later be applied to a variety of important projects, including future resource studies, identification of encroachments onto District property, and accurately mapping the District's roads and trails. The District is able to purchase the unit through a California Multiple Award Service (CMAS) contract, which results in significant savings to qualified governmental agencies. This would save approximately $1,600 when compared to the cost of leasing a unit. Purchase of the unit before December 31, 1999, would result in an additional 5% discount. While this unit wasn't included in the fiscal year 1999-2000 budget, there is adequate funding in the Planning Program's contract services budget. A total of$11,275 is included in the total estimated cost for completing the resource inventory and assessment and would need to be transferred to the capital equipment budget. CEOA Compliance Project Descri tiioon This project consists of detailed mapping, documentation, and evaluation of the preserve's natural and cultural resources; existing road and trail system; and other facilities and infrastructure. This information will be used to establish baseline environmental conditions within the preserve, and will provide the foundation for future planning efforts. CEOA Determination The District concludes that this project is categorically exempt from CEQA under Section 15306 of the CEQA Guidelines. Section 15306 exempts actions associated with information collection, including basic data collection and resource evaluation activities. Section 15306 states, "These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded." This project qualifies under Section 15306 as it will result only in the collection and analysis of field-based information. Prepared by: Matthew Freeman, Open Space Planner 11 Contact person: Same as above Sierra Az9I Open Spac&Preserve Midpeninsula Regional Open Space District LOS GATOS St.Joseph's Hill Open Space Preserve Lexington %County Park a O t 2 San Jose Water Company Almaden Quicksilver Sie ra Azul County Park U Open Sp ce Preserve 1 San Jose v� Water Company Midpeninsula Regional Open Space District I v� Loma Prieta Ranch (MROSD) o ' fib Soquel Demonstration State Forest 0 The Forest of Nisene Marks State Park 1 0 1 2 Miles m Exhibit A: Sierra Azul Open Space Preserve and Adjacent Open Space Lands Regional Open ', .ice R-99-156 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-29 December 15, 1999 AGENDA ITEM 4 AGENDA ITEM Dedication Status of District Lands 1 GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes. INTRODUCTION In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see report R- 86-03), an annual report indicating the status of District lands as dedicated or undedicated is to be presented to you in December of each year. According to this policy: "Normally, undedicated lands within the District's boundaries will be held for future dedication to park or open space, or both, purposes, but only after the necessary planning, boundary adjustments, provision for permanent access and other changes in configuration, which may involve the disposal or exchange of interests in all or portions of such lands, have been completed." Dedications are usually made in December on the basis of the annual report. During the year, part of the use and management planning decisions the Board makes for specific parcels and preserves is whether to indicate by motion an intention to dedicate certain interests in land, such as fee title or open space or trail easements. Note that although a motion of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a new acquisition is approved, this does not mean that the parcel would necessarily be dedicated the following December. That is because it is usually prudent to wait until the Comprehensive, or at least Interim, Use and Management Plan for the entire preserve is adopted or reviewed. Since it might benefit the program of the District at some future time to apply development density credits from dedicated District land to other lands, dedication of these credits is not normally included at the time of the annual dedications. The idea behind withholding potential density credits from dedication, while dedicating the land itself for public open space purposes, is that these credits may represent an asset of the District which may be of substantial value in the future. The credits might be used for transfer to private property, potentially increasing the allowed development density on that property. This might be done in connection with a joint development application with the private party. In exchange, some of that property might be permanently preserved or the District might receive a cash payment which could be used for purchase of open space land in another location. Joint development plans and transfer of development rights are, of course, subject to approval of the city or county in which the land lies. A further rationale is that the District, in asserting its potential right to use these credits, may be able to counter proposals to increase allowed development densities that are based on the argument that the potential development, which the District is precluding by buying open space, can be put somewhere else 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosdQopenspace.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-99-156 Page 2 in the hillsides. Since the District has, in effect, paid for this density, we can argue that the District, if anyone, should benefit. Status Summary: Table 1 gives a summary of the dedication status of District preserves and preserve subareas. Only those parcels for which transactions have closed and title has passed to the District on or before December 15, 1999, are included. The interest in land that the District holds, i.e., fee title, easement, or other(lease, management agreement, etc.), is listed for each area. Rights of first refusal and/or reversions to the District are not included. The District holds an interest in 45,267 acres of land, 39,403 acres in fee, and 5,864 acres in lesser interests. The District added 2,266 acres of protected lands since December 14, 1998. RECOMMENDED DEDICATIONS Long Ridge Q= Snare Preserve. The former Peninsula Open Space Trust (Garrod) property (40 acres) and Munson property (40 acres) are an important part of the Slate Creek corridor where a regional trail is proposed to connect Long Ridge Open Space Preserve to Portola Redwoods State Park. Dedicated District land lies to the north, east and south side of these properties and dedication will ensure the protection of this valuable watershed. El Corte de Madera Oren Snare Preserve The former Butler property (29.61 acres) encompasses a portion of El Corte de Madera Creek and is contiguous to other dedicated lands. The property was a gift to the District and given with an expectation it would be added to the preserve and permanently protected as open space. Saratoga Gap Q= Snare Preserve The former Girdner property (188.26 acres), Peninsula Open Space Trust (Zabel) property (17.40 acres), and former Foster property (184 acres) form a large area of open space on the south side of State Highway 9 and east side of Skyline Boulevard. The new area encompasses portions of the scenic corridor of both roads and should be permanently protected open space. Sierra Azul Open Snare Preserve. The former Marini property (14 acres) and Eastfield Ming Quong property (40.56 acres) should be dedicated at this time. The Marini property, located near Lexington Reservoir in the Kennedy Limekiln Area of the preserve includes an important segment of the Bay Area Ridge Trail and is surrounded by dedicated lands. The Eastfield Ming Quong property, located in the Cathedral Oaks Area of the preserve, is being dedicated at the request of the seller. Windy Hill Open Snare Preserve. The former Slobe property (427 acres) which encompasses most of Spring Ridge is being rededicated following a lot line adjustment on the remaining 20-acre Slobe residential parcel. When the property was acquired in 1987, a provision was made to allow for a future lot line adjustment on a 20-acre portion of the property being retained by the seller. Since the preserve's boundary was modified slightly, the property will be rededicated at this time. R-99-156 Page 3 SUNPAARY Of the 45,267 acres preserved by the District, 3,259 acres are rights that cannot be dedicated such as leases, management agreements, etc., leaving 42,008 acres of marketable interests in land. Of this amount, 28,194 acres(67.12%) are dedicated and 13,814 acres(32.88%) are undedicated. Upon adoption of the attached resolution dedicating 981 additional acres, 427 acres of which were previously dedicated and are being rededicated, 28,748 acres(68.43%)would be dedicated and 13,260 acres (31.57%)would be undedicated. Of the 13,260 acres of undedicated lands, 78.72% are in the Sierra Azul Open Space Preserve. Prepared by: Del Woods, Senior Acquisition Planner Lisa Zadek, Real Property Assistant Contact person: Del Woods, Senior Acquisition Planner RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section 1. Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open space purposes(pursuant to Public Resources Code Section 5540)the interests in land held by the District shown herein, except for possible development rights which might be transferred to or for the benefit of other lands. INTERESTS IN LAND TO BE DEDICATED (EXCEPT FOR POTENTIAL DENSITY CREDITS) Pl-esel-N-C/Al-ea 0-antol- tloal-d CloS1110 Apjwm,al Date Interest Da t e Long Ridge POST (Garrod) April 14, 1999 May 28, 1999 , 40 Fee Munson April 14, 1999 June 11, 1999 40 Fee El Corte de Madera Butler December 9, 1998 December 29, 1998 Fee Creek 29.61 Saratoga Gap Girdner -October 28, 1998 November 20, 1998 188.26 Fee Zabel February 24, 1999 March 8, 1999 17.40 Fee Foster February 24, 1999 May 20, 1999 184 Fee Sierra Azul Marini December 9, 1998 December 30, 1998 14 Fee Eastfield Ming September 8, 1999 November 9, 1999 Fee on 40.56 Windy Hill Slobe October 13,1999 August 14, 1987 427 Fee TOTAL: 1 original Board Approval date was July 27, 1987. Table 1.DEDICATION STATUS SUMMARY" File: Run Date: LANDS99.XLS 08-Dec-99 Presierve Area I►c�es l=ee Acres Feejn bras l=ee IkcresM Acreacres Acre;FeeX flares fiae, Kowa lee; des Dne. pectic ked Lrtdedic t>edictaed b setrlet# I*ese F41set1aMrlt Ih Esse1 1C �a►setVWA FgMlCf�allt:6 Iran 3`: lJndexated Clther8� fttEteif t?ed. Lther f1(tter +Clttr DEhet Aerei. r 2.11 60 0 am Briggs Creek 0 1 0 1 0 0 0 0 0 1 0 1 Coal Creek 493 0 0 493 0 0 0 0 493 0 0 493 Edgewood County Park 0 0 0 0 468 0 0 468 468 0 0 468 El Corte de Madera Creek 2,788 33 30 2,821 0 0 0 0 2,788 33 30 2,821 El Sereno 1,080 72 0 1,152 0 1 0 1 1,080 72 0 1,152 Foothills 211 0 0 211 0 0 0 0 211 0 0 214 Fremont Older 735 0 0 735 0 4 0 4 735 4 0 7 G.G.N.R.A. 0 0 0 0 0 1,227 0 1,227 0 1,227 0 1,2- La Honda Creek 1,839 217 150 2,056 0 0 0 0 1,839 217 150 2,056 Long Ridge 1,724 168 114 1,893 0 13 0 13 1,724 182 114 1,906 Los Trancos 274 0 0 274 0 0 0 0 274 0 0 274 Monte Betio 'Monte B91W 2,655 101 61 2.757 0 25 86 25 2,655 126 148 2.782 Monte Bello Picchetti Ranch 308 0 0 308 0 0 0 0 308 0 0 308 Monte Bello Palo Alto 0 0 0 0 0 85 0 85 0 85 0 85 Monte Bello (AID (2963 270) (101.467) (61.467) (3,065) (0.000) (110.270) (86.367) (110) (29M (212) (148) (3,175) Moody Gulch 0 0 0 0 0 171 0 0 0 171 0 171 Pulgas Ridge 293 0 0 293 0 0 0 0 293 0 0 293 Purisima Creek Redwoods 2,543 564 561 3,107 0 10 0 10 2,543 574 561 3,117 Rancho San Antonio 2.055 81 0 2,139 1,495 1 0 1,496 3,553 82 0 3,835 Ravenswood 274 0 0 274 98 1 0 99 372 1 0 373 Russian Ridge 1,574 49 0 1,623 0 6 0 6 1,574 55 0 1,629 Saratoga Gap 492 596 201 1,088 2 0 0 2 494 596 201 1,090 Siva Azul Cathedral Oaks 225 1,879 33 2,104 0 9 0 9 225 1,888 33 2,113 Sierra Azul Kennedy Limeldin 2,526 316 14 2,842 68 7 5 76 2,594 323 19 2,910 Sierra Azul Mt.Umunhum 677 8,443 519 9,120 372 800 0 1,172 1,049 9,242 519 10" Sierra Azul 'Summit Road" 0 0 0 0 0 0 0 0 0 0 0 Sierra Azul (AID (3428.715) (10637.567) (565.370) (14 066) (440.420) (816.251) (5.000) (1,257) (3869) (11454) (570) (15,323) Skyline Ridge 1,122 458 0 1,580 81 0 0 81 1,203 458_ 0 1,881 Stevens Creek- Shoreline 54 0 0 54 1 0 0 1 55 0 0 55 St Joseph's Hill 174 0 0 174 94 0 0 94 268 0 0 268 Teague Hill 0 624 0 624 0 0 0 0 0 624 0 624 Thomewood 87 30 0 117 5 10 0 15 92 40 0 131 Windy Hill 1,302 2 427 1,304 0 3 2 3 1,302 5 429 1,307 All 26,609 13,894 2,371 39,403 2,686 3,179 93 8,864 28,194 17,073 2,464 46,267 "Includes only those interests acquired(title or lease recorded or unrecorded lease fully executed)on or before: 10-Dec-99 Note:All entries rounded to nearest acre after summations. Regional Open ' . .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-154 Meeting 99-29 December 15, 1999 AGENDA ITEM 5 AGENDA ITEM Tentative Adoption of an Amendment to the Use and nagement Plan for Rancho San Antonio Open Space Preserve to Install a Bench for Use by Pe insula Open Space Trust in its Memorial Giving Program GENERAL MANAGER'S RECOMMENDA 1. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act as set out in this report. 2. Tentatively adopt an amendment to the Comprehensive Use and Management Plan for Rancho San Antonio Open Space Preserve to permit installation of a bench for use by Peninsula Open Space Trust in its memorial giving program. BACKGROUND Staff from Peninsula Open Space Trust(POST) recently contacted District staff to request a designated location at Rancho San Antonio where they could install a memorial bench for a specific donor, as part of POST's memorial giving program. Staff has identified a suitable bench location on the High Meadow Trail, which is acceptable to both POST and the donor. The District's Site Naming and Gift Recognition Policy provides that requests for memorial benches and plaques shall generally be referred to POST for inclusion in their memorial giving program. The policy further states that new bench locations may be designated for inclusion in POST's memorial program. Since that policy was adopted (amended June 24, 1998), no new bench locations have been designated for POST's use in this manner. The proposed bench location at Rancho San Antonio Open Space Preserve will be the first such location designated for use by POST. DISCUSSION The bench proposed for Rancho San Antonio will be built of wood, approximately five feet long and one-and-a-half feet wide, with a back. It will not include a plaque. The proposed location is approximately one-half mile east of Deer Hollow Farm (see attached location map). The cost of the project, including maintenance of the bench, will be borne entirely by POST. There have been an increasing number of requests to both the District and POST for commemorative benches of this type. Staff intends to establish, on a preserve-by-preserve basis, a very limited number of suitable bench locations from which POST may select as they receive requests for memorial benches. These benches would not include plaques. 330 Distel Circle e Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 e E-mail:mrosd@openspace.org e Web site:www.openspace.org 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-99-154 Page 2 Staff is currently in the process of compiling the list of potential bench sites, which will be initiated by field staff and reviewed and finalized by planning staff before being brought to the Board for approval. It is expected that the entire list of proposed bench sites for various preserves will be brought to the Board as one recommendation. Bringing all the proposed bench location Use and Management Plan Amendments to the Board for approval at one time will allow staff to provide POST with a confirmed, pre-approved list of suitable bench locations. With such a list in hand, POST will be able to offer these benches with the assurance that the sites are already approved and without the necessity of going through the approval process for each individual bench. Providing for a shorter time frame between request and fulfillment is particularly important to POST's memorial giving program. Since this is a proposed Use and Management Plan Amendment, it requires a two-part approval process. You may take tentative action at this time, after which a minimum of 30 days for additional public comment is provided. If you give tentative approval at this time, final action will most likely be requested at your second meeting in January. t 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 15303 and 15304 as follows: Section 15303 exempts construction of limited, small, new facilities. Section 15304 exempts certain minor alterations of land, water, or vegetation. Prepared by: Malcolm Smith, Public Affairs Manager Contact person: L. Craig Britton, General Manager Midpeninsula Regional Open Space District ON �J L r r One Mile- a IU•\' ) `..� }`'_`��_'__,�'•'1 � �-� � LOS ALTOS HILLS �,,..`., n ..i •\.2.1 �•'1 �`.� r.. — �� _may.-.._ 2811 y `o.r Dweneck Windmill \ -✓ "`✓✓✓\ � rasture Area[/I .Jr PROPOSED �r.. Niddenvilla �/w,er � BENCH LOCATION (Pin bicycles \ �> are allowed)} .✓ .—`-eon ,. •� ... �. �... � .�/'1��� ,n •s � � � too •� R5m �� 1200 / � [ \ '1 - R�s'"Va11eyT� o-\�•o.t C. iu�n:♦wse`T—L ` 1a00 1.0 .�.�ra��9 \ \� 'f Mo7♦\l Lowa { aa: NM goo,-*? � �� ���'�~ 1 ` ' ./��\, © l• `�h f beyond ) .f: �. tG{J'Meadow iray ,/ � ••�.� M6h Mea�,r�.a * r8wei � IQe �"y"1 � ��IA\ m :m_t-, f w4Wot Loop Tnil�� N • �„ \ 0.8 0.7 1e �.ac '�♦ o.a� T' .• TWildVt f�Y��W .a is 1wJs'5,..• Ywal.rA �� V ft •,' 1¢00 1 G /\J os oee.7�,�.,\. ♦ oT ♦ l �;1 \A ----- r'' \ raa •. .. Ftollow ` �' i�,. raoL f., Ystar2m I , aV ^"1. F' ^laws • WiWca Farm •�• t•..: d 3.9 l0.2 _`..✓��`--� y'-20Rn `�..,.r -...✓-. �.� f �" 1 WO nj eoo Rancho ��...--� � �..._.._..r ' ,t`!- �_--__ialw�-•---�t^-`._ � >� San Antonio a County Park CUPERTtNO f ra t A xt _� S 'Hod 03) ) ��4 {''-�.......i L,`1 �'J 1 k��ti Black Mountain / t Y.• / f �`--.v .,r RANCHO SAN ANTONIO �_ a Open Space Preserve MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regional Open _*ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-90-153 Meeting 99-29 December 15, 1999 AGENDA ITEM 6 AGENDA ITEM Final Adoption of an Amendment to the Use and Man"ement Plan for Skyline Ridge Open Space Preserve to Install a Bench and Commemorativfe Plaque GENERAL MANAGER'S RECOMME N11 ; 11 Adopt the amendment to the Comprehensive Use and age ent Plan for Skyline Ridge Open Space Preserve to install a bench and plaque commemorating Mr. Norbert Eberhardt, and dedicated to District staff and search-and-rescue volunteers and workers from throughout the Bay Area. DISCUSSION At your October 27, 1999 meeting, you tentatively adopted an amendment to the Comprehensive Use and Management Plan for Skyline Ridge Open Space Preserve to install a bench and plaque on a portion of the Bay Area Ridge Trail (see report R-99-138). As a Use and Management Plan Amendment, this item requires a two-part approval process. Your tentative approval made on October 27 was followed by a minimum of 30 days to allow for additional public comment. Staff has received no public comment on this matter since that meeting. CAA COMPLIANCE At your October 27 meeting, you determined that the project is categorically exempt from the California Environmental Quality Act (CEQA). Prepared by: Malcolm Smith, Public Affairs Manager Contact person: Same 330 Distel Circle e Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig,Britton Regional Open ice 1 R-99-157 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-29 December 15, 1999 AGENDA ITEM 7 AGENDA ITEM Approval of Revisions to the Personnel Policies and Procedures Manual GENERAL MANAGER'S RECOMMENDATI Approve the attached revisions to Section 2.3-Probationary eri and Section 4.2-�is and Specifications of the Personnel Policies and Procedures Manual. DISCUSSION Probationary_Period Section 2.3(a)of the Personnel Policies and Procedures Manual provides for a standard probationary period of six consecutive months for all appointees to regular District positions. The Memorandum of Agreement with SEIU Local 715 that was approved on March 22, 1997 (see report R-95-46)increased the standard probationary period from six months to nine months for appointees to the maintenance classifications, and from nine months to twelve months for appointees to the ranger classification. The probationary periods for the bargaining unit positions were lengthened to provide greater opportunity to observe and evaluate probationary employees in the performance of actual job duties. The probationary period for the ranger classification was made longer to accommodate for the seven-week ranger law enforcement academy that new rangers are required to attend. Also, twelve-month probationary periods are more typical for peace officer positions. An increase in the standard probationary period from six months to twelve months is proposed for supervisory positions that are appointed peace officers in order to allow sufficient time to evaluate performance, and to accommodate attendance at the ranger law enforcement academy if necessary. Similarly, a twelve-month probationary period is recommended for the assistant general manager and program managers (Administration/Human Resources Manager, Land Acquisition Manager, Operations Manager, Planning Manager, and Public Affairs Manager)to allow sufficient time for the General Manager to evaluate job performance and ensure a good fit for these key management positions. Other proposed changes to Section 2.3-Probationary Period include the following: Section 2.3(b): Revise the language describing the period of time the probationary period may be extended (to no more than three months beyond the original probationary period) so that it is compatible with the differing lengths of probationary periods, and clarify that the reasons a probationary period may be extended include the absence of the 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1 200 FAX: 650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C Davey,Jed Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz •General Manager:L.Craig Brillon R-99-157 Page 2 probationary employee from work. Delete the restriction on using accrued vacation time during the probationary period without special permission, since some probationary periods are being significantly increased and because use of vacation already requires supervisory approval. Section 2.3(c): Delete the requirement to provide a complete review of all issues and reasons which have led to terminating a probationary employee before the termination is finalized, since a probationary employee can be terminated at any time during the probationary period without cause. In essence, a probationary period is a test period and an opportunity to observe employee performance to determine whether the employee has the skills, knowledge, and ability to fill the position on a regular basis. There is no requirement to provide a review of the issues before terminating a probationary employee, although this does not preclude ongoing detailed performance discussions with probationary employees. Class Specifications Section 4.2 of the Personnel Policies and Procedures Manual requires a class specification(job description) for each District position, containing the title, definition, examples of typical tasks, and education and/or training required for the position. The Personnel Policies and Procedures Manual clearly states that new budgeted positions must be approved by the Board of Directors(Section 4.3[a]), but does not state the approving authority for the class specifications. The past practice has been to obtain Board approval for any revisions to class specifications. The proposed change to this section clarifies that the General Manager may approve the class specifications. Since class specifications should be updated periodically to accurately reflect current job duties, this will ease the administrative process required to keep class specifications current. It is also an administrative task that is typically performed by management as a general practice in the public sector. Attached is the actual text of the proposed changes to the Personnel Policies and Procedures Manual. Deletions are shown as strikeouts and new wording is double- underlined. Prepared by: Deirdre Dolan, Administration/Human Resources Manager Contact person: Same Page 7 Section 2.3. Probationary Period (a) (a}............All appointees to regular District positions shall fulfill a standard probationary period of at least six consecutive months of service. All appointees to the assistant general manager position program manager positions, and�ositions which are appointed peace officers shall fulfill a standard probationary period of at least 12_months_of_service. (bL—__irt-the-event-a--longer--per-i©d--isr-r+ecessar-y-to-Whenever a longer�robationary period_is necessary_ in order evaluate and demonstrate an employee's qualifications, the probationary period---may be extended; however, no probationary period shall be extended bey©rid--nir+e--m<)atbs more than three months beyond the on inal�obationaryperiod. horn-the-date-of-ani-emi34oyee'-s-appointfner4t:---Employees shall be notified in writing of any extended probationary- ee riod per-iod-beyond-six-eonseeetive--mor+t#-ts-of service and the reason for the extension._Reasons for an extension may nclude,_but are not limited to the absence of the_probationary employee from work. (b) Dw-ing--the-pr-obationar-y-per+od-a--new-empioyee-shad--aeerue-vacation-tree-btrt--shall-not--be-entitled to--E+se--aeer-ued-vacation-ti+ee--unless--the--employee'-s--Program---Leader---gr-a+vts--spec-ial--per+n+ssi©ri.....A promoted-err+pioyee-cao-rase-aeer-ued-vaeat+on--time-dtir+r+g-his--or--her--pr-obationar-y-per-iad ll(c}------A probationary employee can be terminated at anytime during his or her probationary period without cause and_without_the right_of appeal_or-_grievance.:-----The-prebationary-ernpioyee--shaI4--be--giver+--a eornpiete-review-of-all-+ss+aes--and-reasons--whick+-have-led--to-the-ernpioyee'ss-terfnir+ation--before-such ter+r+ioation-has--been-#ir+alized: (dd) In the case of promotional appointment, a promoted employee may,at any time during the probationary period, be reduced in classification or terminated and reinstated in the class designation from which he or she was promoted. Prior to reducing a promoted employee in classification and reinstating him or her in the class designation from which he or she was promoted, the employee will be re-evaluated to determine whether he or she is still qualified to fill the class designation from which promoted. If the employee is qualified to fill the position and if the reinstatement necessitates the layoff of another District employee currently filling the position, the choice of which employee will be laid off will be based on an evaluation of the respective employees' merit, qualifications, and fitness to fill the position. When these evaluation criteria are equal for the respective employees, class seniority, which is defined as the length of continuous paid employment in the District class, shall take precedence. (ge) A newly hired probationary employee will have no class seniority status prior to completion of his or her probationary period. Page 16 Section 4.2. Titles and Specifications (a) The Position Classification Plan shall include titles for the various classes or positions. Job titles shall refer to a particular position, not to the individual filling the position, and shall be used in all personnel, budget, and financial records. (b) Each position shall be allocated to an appropriate class on the basis of the duties and responsibilities of the position. (c) The Position Classification Plan shall be supplemented by a-Class Specifications Sheet-containing the title, definition, examples of typical tasks, education and/or training required for each_position. (d) Class Specifications fa all regular District staff positions shall be approved by the General Manager. Section 4.3. New Budgeted Positions and Filling Vacancies (a) New regular positions must be approved by the Board of Directors upon recommendation of the General Manager. (b) Rroga leaderProgram-_Managers shall recommend the creation of a new position to the General Manager, outlining in detail the reasons for the new position. The General Manager shall review all relevant information to determine whether a recommendation should be made to the Board of Directors to create the position. (c) Upon approval of the Board of Directors, the position shall be created and the Adn+inistrative-Ser-viees I Mar}agerAdministration and Human Resources Manager shall assign the position to the Position Classification Plan according to an existing classification or shall create a new classification. (d) Vacant budgeted positions are filled at the discretion of the General Manager. (e) Temporary assignments must be approved by the General Manager and are for a specific period of time normally determined by budget. i Regional Open *ce 1 R-99-161 - REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-29 December 15, 1999 AGENDA ITEM 8 AGENDA ITEM Proposed Addition of Proctor and Collins Properties to the Thornewood Open Space Preserve GENERAL MANAGER'S RECOMMENDATION, 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Robert Proctor et al. Property (Parcel One). 3. Adopt the attached resolution authorizing purchase of the Robert Proctor et al. Property (Parcels Two and Five). 4. Adopt the attached resolution authorizing purchase of the Collins property (Parcel Three). 5. Adopt the attached resolution authorizing purchase of the Glenn Proctor property (Parcel Four). 6. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the properties as an addition to the Thornewood Open Space Preserve. 7. Indicate your intention to dedicate the properties as public open space. DISCUSSION The District has been offered the opportunity to acquire five parcels of land (four legal sites), totaling 31.84 acres, that are owned by three individual members of the Proctor family. Peninsula Open Space Trust (POST) is assisting with this acquisition by providing a grant for the purpose of adding properties to the Thornewood Open Space Preserve. DESCRIPTION (see attached map) The total 31.84-acre property being acquired is located adjacent to Thornewood Open Space Preserve near Old La Honda Road in the Town of Woodside. Situated on the northwest side of Dennis Martin Creek, the property serves as a popular hiking area for local residents who pass through the area on Dennis Martin Road, extending from Old La Honda Road to Schilling 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-99-161 Page 2 Lake. The property includes a major portion of the Dennis Martin Creek corridor and is characterized by a dense redwood forest and perennial creek. The property and surrounding area were once part of the historic Schilling Estate and remnants of overgrown carriage roads and landscape features are visible along the trails. Some of the carriage roads, if reopened, could provide a desirable loop trail that currently does not exist. Acquisition of the property will help ensure protection of a valuable riparian habitat and redwood forest as well as potentially enhancing the preserve's existing trail system. This property is bounded by District land to the west, south, and east, and private property to the north and east. The property is comprised of moderate to steep southeast-facing slopes above Dennis Martin Creek. Second growth redwoods, some of which are nearly five feet in diameter, are located on the lower slopes near the creek. Vegetation on the upper hillside consists of mixed forest with oak, bay, and madrone. In the 1920's the area was planted with many exotic species that are still apparent today. The creek flows year-round and provides valuable wildlife habitat. The property is accessible from Old La Honda Road where a roadside pullout provides parking for approximately ten vehicles. Beyond the parking area, Dennis Martin Road parallels Dennis Martin Creek near the east boundary of the property. This is an undeveloped private road that has deteriorated to a narrow unsurfaced trail that extends up to Schilling Lake. It was originally part of a road system for the Portola Hills Subdivision. For many years it has served as a trail for local residents and is very popular for hikers with dogs. Improvements to the property are limited to trails, bridges, overgrown carriage roads, and remnants of two structures. The carriage roads date back to when the property was part of the Schilling Estate. At that time, the estate home was near Portola Road and a vast network of carriage roads climbed through the hills passing gazebos and sculptured waterfalls on the way to Schilling Lake. Some remnants of these features can still be seen under dense vegetation. Two bridges and a washed-out culvert are located on Dennis Martin Road. The lower bridge near Old La Honda Road is partially collapsed and the Town of Woodside has determined it is a public nuisance and is proposing to remove it. Debris remains in two locations where a water tank and log cabin once stood. USE AND MANAGEMENT Planning Considerations The property is located within the Town of Woodside and is designated as OS (Open Space) in the General Plan and identified as environmentally sensitive, an area characterized by access, water supply, and slope instability problems. The five parcels of real property are comprised of four separate legal building sites. Residential development would be somewhat difficult due to the steepness of the area, poor access, and setback requirements. R-99-161 Page 3 The District's Regional Open Space Study shows an existing trail following Dennis Martin Creek from Old La Honda Road to the upper portion of the Thornewood Open Space Preserve. Dennis Martin Road, a popular trail route for neighbors, is an unutilized private road. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Remain open for public use. Patrol: Routinely patrol the property. Signs: Install preserve boundary signs where appropriate. Cleanup: Encourage Town of Woodside to remove bridge; remove collapsed culvert, old bridge materials from creek, and remains of cabin and water tank site. Improvements: Replace the lower bridge and install gates and fences as appropriate. Name: Name the property as an addition to the Thornewood Open Space Preserve. Dedication: Indicate your intention to dedicate the property as public open space. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 31.84-acre property as an addition to Thornewood Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. A trail bridge will be replaced, fences and gates installed, and the site will be cleaned-up. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the Thornewood Open Space Preserve. Existing trail use will be allowed to continue and the land will be permanently preserved as open space and maintained in a natural condition. R-99-161 Page 4 CE A Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301, 15316, 15317, 15325, and 15061 as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures and facilities involving negligible or no expansion of use. The Preliminary Use and Management Plan includes the installation of gates and fences and the replacement of an existing trail bridge. No expansion of use is planned. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition. The use and management plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Thornewood Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS This transaction involves the purchase of five parcels of real property comprising four separate legal building sites owned by members of the Procter family (Robert Procter et al. property 4.29 acres (Parcel One), Robert Procter et al. Property 9.74 acres (Parcels Two and Five), Collins property 9.01 acres (Parcel Three), and Glenn Procter property 8.8 acres (Parcel Four)). The total area being acquired is approximately 31.84 acres. The purchase price of each separate residential site is $450,000 for a total combined purchase price of$1,800,000. These properties are being acquired on a bargain sale basis because the price being paid is substantially below the fair market value of these properties. Peninsula Open Space Trust is contributing a grant in the amount of,$750,000 towards the purchase of these properties which provides for approximately 42% of the acquisition funding. R-99-161 Page 5 BUDGET CONSIDERATIONS Fiscal Year 1999/2000 Budget for Land Acquisition New Land Budgeted for Acquisition $20,000,000 Land Acquisitions Approved this year (7,617,170) Greenblatt acquisition proposed earlier on this agenda (250,000) Procter Family acquisitions proposed on this agenda 1,800,000 Acquisition Budget Remaining 1$0,39 3,2,,83Q Controller M. Foster has been consulted on this proposed acquisition, and has indicated that, considering cash flow and availability, funds are available for this property purchase. These properties were identified as an important additions to the Thornewood Open Space Preserve for protection of watershed, wildlife habitat, and recreational trails. PUBLIC NOTIFICATION Owners of privately owned property located adjacent to or surrounding the subject property have been notified of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative THORNEWOOD OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT v Portola Road P 0 j . , 1 � MUN'DERLICH boo NCO NT,Y PAR�•� y �• ; `�, ON 1 1200 1oU0 '\ 800400 i ROBERT PROCTOR ETA PARCEL ONE, 4.29 ACRES —- i4ue Creek * " COLLINS PROCTOR r� PARCELTHREE, 9.01 ACRES ,5 F TOTAL PROPERTY TO BE hog ACQUIRED: 31.84 ACRES AG cnvou �d 4 h z � - t;, 0.s a 1400 1 -' - 1200 1 02 Schilling ADDITIONAL ROBERT Lake PROCTOR ET AL. PARCELS TWO& FIVE 9.74 ACRES Ir( Ra N GLENN PROCTOR PARCEL 1 PwrQ. FOUR, 8.8 ACRES Nooda Road EXHIBIT A: PROPERTY LOCATION RESOLUTION 99- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (rHORNEWOOD OPEN SPACE PRESERVE - LANDS OF ROBERT S. PROCTER ET AL. - PARCEL ONE) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement- Bargain Sale between Robert S. Procter and Virginia S. Procter, as Trustees of the Procter Family Trust U.T.A., dated June 29, 1982, and Midpeninsula.Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or 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. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$450,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula,Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. RESOLUTION 99- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (THORNEWOOD OPEN SPACE PRESERVE - LANDS OF ROBERT S. PROCTER ET AL. - PARCELS TWO AND FIVE) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement - Bargain Sale between Robert S. Procter and Virginia S. Procter, as Trustees of the Procter Family Trust U.T.A., dated June 29, 1982, and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or 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. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$450,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. RESOLUTION 99- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (THORNEWOOD OPEN SPACE PRESERVE - LANDS OF COLLINS - PARCEL THREE) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement - Bargain Sale between Evan S. Collins and Carol S. Collins, as Trustees of the Collins Family Trust U.T.A., dated May 8, 1996, and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or 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. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$450,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. RESOLUTION 99- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (rHORNEWOOD OPEN SPACE PRESERVE - LANDS OF GLENN PROCTER ET AL. - PARCEL FOUR) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement - Bargain Sale between Glenn H. Procter, as Trustee of the Procter Family Revocable Trust U.T.A., dated December 10, 1997, and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or 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. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$450,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between ROBERT S. PROCTER and VIRGINIA S. PROCTER, as Trustees of the Procter Family Trust U.T.A. dated June 29, 1982 hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within the Town of Woodside, County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. WHEREAS, Seller wishes to sell and convey said property to District, at a price below fair market value, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within the Town of Woodside, County of San Mateo, State of California, containing approximately four and twenty-nine hundredths (4.29) acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Number 075-134-200 and being further described as Parcel One (Lot 8 of the "MAP OF PORTOLA HILLS") in the Legal Description attached to Preliminary Report number 274812 from Old Republic Title Company, a copy of said preliminary report attached hereto as Exhibit "A", and incorporated herein by this reference. Said property is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. Purchase Agreement Page 2 All of said real property and appurtenances shall hereinafter be called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Four Hundred Fifty Thousand and No/100 Dollars ($450,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Old Republic Title Company, 900 Veterans Blvd., Suite 540, Redwood City, CA 94063 (800) 998-3800 (Escrow number 274812-A) or District and Seller (hereinafter "Escrow Holder" through other title company acceptable to P Y (h ) g which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before December 31, 1999, unless Seller consents in writing to a later closing date, or Seller has failed to deliver into escrow any item or document necessary for Closing thereof so that escrow cannot reasonably close by that date. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of San Mateo County. B. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Four Hundred Forty-Nine Thousand and No/100 Dollars ($449,000.00) which is the balance of the Purchase Price of Four Hundred Fifty Thousand and No/100 Dollars as specified in Section 2. Purchase Agreement Page 3 The balance of$1,000.00 is paid into escrow in accordance with Section 11 of this Agreement. E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in San Mateo County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Seller shall cause Old Republic Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $450,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exceptions 3, 4 and 5 as listed in preliminary report (Exhibit "A") dated August 2, 1999 and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3.E, and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any Purchase Agreement Page 4 and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Rcresentations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. C. Good Ti . Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of Pro. . Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local Purchase Agreement Page 5 environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). B. Bpresentations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) To Seller's knowledge the Property does not contain and has not previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled, generated, stored, treated, discharged, present, buried or disposed of on, under or about the Property, or transported to or from the Property, nor has Seller undertaken, permitted or authorized any of the foregoing; (ii) Seller has not received any notice and Seller has no actual knowledge that any private person or governmental authority or administrative agency or any employee or agent thereof has determined, alleged or commenced or threatened to commence any litigation, or other proceedings, to determine that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste, nor has Seller received any communication from any such person or governmental agency or authority concerning any such matters. C. IndemniLy. Seller shall indemnify, defend and hold harmless District from and against and all claims, liabilities, losses, damages, and costs incurred by District, including without limitation, attorney, engineering and other professional or expert fees, to the extent arising from any breach of the warranties or representations contained herein. 9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91- 646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246- 256) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government Purchase Agreement Page 6 Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there under and to any other compensation, except as provided in this Agreement. Seller has been advised as to the extent and availability of such benefits, procedures, notice periods, and assistance, and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement, including the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections, and District agrees to provide Seller with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted by Seller thereunder. 10. Miscellaneous Provisions. A. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. B. Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. C. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance, including execution of any documents which may allow Seller to accomplish a tax deferred exchange of property as permitted by law; provided, however that the District shall not take title to any third party property other than the subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. Purchase Agreement Page 7 D. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. E. des. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Robert and Virginia Procter 2 Linden Avenue Atherton, CA 94027 (650) 325-5903 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall`be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. F. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such Purchase Agreement Page 8 determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. G. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. H. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. I. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. J. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. K. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. L. Assi ng ment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. M. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. N. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. Purchase Agreement Page 9 O. Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. P. Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. Q. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. R. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et seq. Hearings shall be held in San Mateo County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. Purchase Agreement Page 10 WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. SELLER INITIAL BUYER INITIAL 11. Accepptance. Provided that this Agreement is executed by Seller and delivered to District on or before December 15, 1999, District shall have until midnight December 22, 1999 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. As consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with Section 3.A., and the terms and conditions set forth herein. /l! lII //I Purchase Agreement Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Virginia S. Procter, as Trustee of the Procter Family Trust under Agreement, dated June 29, 1982 ACCEPTED FOR RECOMMENDATION Date: Michael C. Williams, Real Property Representative Robert S. Proctor, as Trustee of the APPROVED AS TO FOR Proctor Family Trust under Agreement, dated June 29, 1982 Date: Susan M. Schectman, General Counsel RECOMMENDED FOR APPROVAL: L. Craig Britton, General Manager APPROVED AND ACCEPTED: President, Board of Directors Date: ATTEST: District Clerk Date: Regional Open : we R-99-161 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-29 December 15, 1999 AGENDA ITEM 8 AGENDA ITEM Proposed Addition of Proctor and Collins Properties and;Easement to the Thornewood Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Robert Proctor et al. property, and property rights. 3. Adopt the attached resolution authorizing purchase of the Glenn Proctor property. 4. Adopt the attached resolution authorizing purchase of the Collins property. 5. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the properties as an addition to the Thornewood Open Space Preserve. 6. Indicate your intention to dedicate the properties as public open space. DISCUSSION The District has been offered the opportunity to acquire three parcels of land, totaling 22.1 acres, that are owned by three individual members of the Proctor family. In addition, an easement and a right of first refusal is being acquired over the family's remaining two contiguous parcels of land, totaling 9.74 acres. Peninsula Open Space Trust is assisting with this acquisition by providing a grant for the purpose of adding properties to the Thornewood Open Space Preserve. DESCRIPTION (see attached man) The 22.1-acre property and easement being acquired are located adjacent to Thornewood Open Space Preserve near Old La Honda Road in the Town of Woodside. Situated on the northwest side of Dennis Martin Creek, the property and easement serves as a popular hiking area for local residents who pass through the area on Dennis Martin Road, extending from Old La Honda Road to Schilling Lake. The property includes a major portion of the Dennis Martin Creek corridor and is characterized by a dense redwood forest and perennial creek. The 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 a E-mail: mrosd@openspace.org . Web site:www.openspace.org n 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-99-158 Page 2 property and surrounding area were once part of the historic Schilling Estate and remnants of overgrown carriage roads and landscape features are visible along the trails. Some of the carriage roads, if reopened, could provide a desirable loop trail that currently does not exist. Acquisition of the property will help ensure protection of a valuable riparian habitat and redwood forest as well as potentially enhancing the preserve's existing trail system. This acquisition includes three parcels of land and an easement for recreational and patrol purposes over two remaining private parcels owned by the Proctor family. Two of the three parcels are contiguous to each other and bounded by District land to the west, private property to the north, and Old La Honda to the east. The third noncontiguous parcel is bounded by District land to the west, south, and east, and by the remaining Proctor family property to the north. The easement is located along Dennis Martin Road, originating at Old La Honda Road and connecting to existing District land. The three irregular-shaped parcels are comprised of moderate to steep southeast-facing slopes above Dennis Martin Creek. Second growth redwoods, some of which are nearly five feet in diameter, are located on the lower slopes near the creek. Vegetation on the upper hillside consists of mixed forest with oak, bay, and madrone. In the 1920s the area was planted with many exotic species that are still apparent today. The creek flows year-round and provides valuable wildlife habitat. The property is accessible from Old La Honda Road where a roadside pullout provides parking for approximately ten vehicles. Beyond the parking area, the easement over Dennis Martin Road parallels Dennis Martin Creek near the east boundary of the property. This is an undeveloped private road that has deteriorated to a narrow unsurfaced trail that extends up to Schilling Lake. It was originally part of a road system for the Portola Hills Subdivision. For many years it has served as a trail for local residents and is very popular for hikers with dogs. Improvements to the property and easement are limited to trails, bridges, and overgrown carriage roads. The carriage roads date back to when the property was part of the Schilling Estate. At that time, the estate home was near Portola Road and a vast network of carriage roads climbed through the hills passing gazebos and sculptured waterfalls on the way to Schilling Lake. Some remnants of these features can still be seen under dense vegetation. Two bridges and a washed-out culvert are located on the easement. The lower bridge near Old La Honda Road is partially collapsed and the Town of Woodside has determined it is a public nuisance and is proposing to remove it. USE AND MANAGEMENT Planning Considerations The property is located within the Town of Woodside and is designated as OS (Open Space) in the General Plan and identified in an environmentally sensitive area, an area characterized by access, water supply, and slope instability problems. The property is comprised of three R-99-158 Page 3 separate legal parcels. Residential development would be difficult due to the steepness of the area, poor access, and setback requirements The District's Regional Open Space Study shows an existing trail following Dennis Martin Creek from Old La Honda Road to the upper portion of the Thornewood Open Space Preserve. Dennis Martin Road, a popular trail route for neighbors, is an abandoned private road believed to be owned by those property owners having underlying fee title. The District's easement over the lower portion of the road entitles the District to undertake improvements, and maintenance and allow public use to continue. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Remain open for public use. Patrol: Routinely patrol the property. Signs: Install preserve boundary signs where appropriate. Cleanup: Encourage Town of Woodside to remove bridge; remove collapsed culvert and old bridge materials from creek . Improvements: Replace the lower bridge and install gates and fences as appropriate. Name: Name the property as an addition to the Thornewood Open Space Preserve. Dedication: Indicate your intention to dedicate the property as public open space. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 22.1- acre property and an easement as an addition to Thornewood Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. A trail bridge will be replaced, fences and gates installed, and the site will be cleaned-up. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the Thornewood Open Space Preserve. R-99-158 Page 4 Existing trail use will be allowed to continue and the land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301, 15316, 15317, 15325, and 15061 as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures and facilities involving negligible or no expansion of use. The Preliminary Use and Management Plan includes the installation of gates and fences and the replacement of an existing trail bridge. No expansion of use is planned. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition. The use and management plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Thornewood Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS This transaction involves the purchase of three separate legal parcels owned by members of the Procter family (Robert Procter et. al. parcel 4.29 acres, Collins parcel 9.01 acres and Glenn Procter parcel 8.8 acres) totaling approximately 22.1 acres. The purchase price of each separate residential site is $450,000 for a combined purchase price of $1,350,000. These properties are being acquired on a bargain sale basis because the price being paid is substantially below the fair market value of these properties. Each property being acquired is considered a single legal parcel in the Town of Woodside as a part of the original Portola Hills Subdivision established in 1910. Peninsula Open Space Trust is contributing a grant in the amount of $562,500 towards the purchase of these properties which provides for approximately 42% of the acquisition funding. R-99-158 Page 5 As part of the purchase of the 4.29-acre Robert Procter parcel, the District is acquiring an easement for public trail use and District patrol purposes across a portion of Dennis Martin Road and a right of first refusal to acquire the 9.74 acres of property being retained. BUDGET CONSIDERATIONS Fiscal Year 1999/2000 Budget for Land Acquisition New Land Budgeted for Acquisition $20,000,000 Land Acquisitions Approved this year (7,617,170) Greenblatt acquisition proposed earlier on this agenda (250,000) Procter Family acquisitions proposed on this agenda (1,350.000) Acquisition Budget Remaining $10,782,830 Controller M. Foster has been consulted on this proposed acquisition, and has indicated that, considering cash flow and availability, funds are available for this property purchase. These parcels were identified as an important additions to the Thornewood Open Space Preserve for protection of watershed, wildlife habitat, and recreational trails. PUBLIC NOTIFICATION Owners of privately owned property located adjacent to or surrounding the subject property have been notified of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative RESOLUTION 99- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (rHORNEWOOD OPEN SPACE PRESERVE - LANDS OF COLLINS) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement - Bargain Sale between Evan S. Collins and Carol S. Collins, as Trustees of the Collins Family Trust U.T.A., dated May 8, 1996, and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or 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. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$450,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. RESOLUTION 99- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (THORNEWOOD OPEN SPACE PRESERVE - LANDS OF GLENN PROCTER ET AL.) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement - Bargain Sale between Glenn H. Procter, as Trustee of the Procter Family Revocable Trust U.T.A., dated December 10, 1997, and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or 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. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$450,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. RESOLUTION 99- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANT TO DISTRICT AND GRANT DEED OF EASEMENT AND GRANT OF RIGHT OF FIRST REFUSAL, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (rHORNEWOOD OPEN SPACE PRESERVE - LANDS OF ROBERT PROCTER ET AL.) The Board of Directors of Midpeninsula,Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula,Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement - Bargain Sale between Robert S. Procter and Virginia S. Procter, as Trustees of the Procter Family Trust U.T.A., dated June 29, 1982, and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or 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 Certificates of Acceptance on behalf of the District for the Grant Deed and Grant Deed of Easement and Grant of Right of First Refusal. Sect-ion Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$450,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. THORNEWOOD OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT �Portola Road o y �. /1 •//- �a �Od �r7 WUN,DERLICH CO NTY PARKON 800 as 400 ROBERT PROCTOR ET AL A PARCEL, 4.29 ACRES �bique Creek ta �- �- _- '`. � `• 1 COLLINS PROCTOR r \ — PARCEL, 9.01 ACRES ` TOTAL PROPERTY 60( ACQUIRED: 22A ACRES (lwon v it .�..- 800 ,u 0.5 II / 1400 J � 2 1200 , 0• Schilling / RETAINED ROBERT Lake PROCTOR ET AL. PARCELS, 14 ® �a 9.74 AC.WITH RIGHT s OF FIRST REFUSAL XRoad 16, GLENN PROCTOR PARCEL, 8.8ACRESH EXHIBIT A: PROPERTY LOCATION Claims No. 99-21 Meeting 99-29 Date: December 15, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7670 475.00 Aaron's Septic Tank Service Sanitation Services 7671 633.88 Acme &Sons Sanitation, Inc. Sanitation Services 7672 134.41 ADT Security Services Alarm Service 7673 36.34 Airtouch Paging Paging Service 7674 424.77 Allen Equipment Company, Inc. Equipment Repairs 7675 209.21 AmeriGas Propane Service 7676 40.30 Randy Anderson Vehicle Expense 7677 128.91 Artech Laminating Lamination Supplies 7678 52.16 AT&T Telephone Service 7679 610.92 Bailey's Field Supplies 7680 70.43 Michael Bankosh Reimbursement--Boot Repairs 7681 207.84 *1 Ben Davis Company Uniforms 7682 237.00 Bill's Towing Service Towing Services 7683 4,330.00 Baron Welding&Iron Works, Inc. 4 Pipe Gates &Fittings 7684 3,515.00 Timothy C. Best CEG Road Inventory Project-ECM&Purisima Cr 7685 90.72 Browning-Ferris Industries Dumpster Service 7686 375.00 Jane Buxton ROSS Study Consultant 7687 1,300.00 CA Dept. of Parks&Recreation-Training Center Plumbing Skills Training-F. Olson, S. Cotter 7688 502.67 California Water Service Company Water Service 7689 645.83 Caputo&Caputo Mediation Services-MROSD vs Esperson 7690 8,895.71 Carpenter Printing Winter Newsletter&H &W Printing 7691 31.76 California Native Plant Society Resource Document 7692 285.31 Compurun Systems Computer Repair 7693 216.78 Costco Office&Training Supplies 7694 11.58 Continuing Education of the Bar Resource Document 7695 17.47 CSK-Auto Inc.-Kragen Vehicle Supplies 7696 440.40 Alice Cummings Consulting Services-BCR& Loma Prieta 7697 83.46 Dacco Industrial Supply Tractor Filters 7698 196.55 Jim Davis Automotive Vehicle Maintenance 7699 1,384.13 D &M Consultant Engineers, Inc. Road Realignment-FOOSP&RR Parking Lot 7700 30.00 Annaschka Deb RSA Nursery Project-Landscape Designer 7701 234.25 Mary de Beauvieres Reimbursement--Conference Expense 7702 41.21 DFM Associates CA Elections Code Book for 2000 7703 2,929.50 Design Concepts Graphic Design-Trail Brochures &Bus. Card 7704 1,160.00 Done Right Roofing&Gutters Enterprise Roofing Repairs-I 185 Skyline 7705 118.99 Ergonomic Sciences Corporation Ergonomic Office Supplies 7706 235.00 Evergreen Waste Oil Disposal Service 7707 85.93 Farrelle Communications Radio Programming 7708 92.00 Federal Express Express Mail Service 7709 169.24 Film To Frame Photography Services 7710 148.18 Tom Fischer Vehicle Expense 7711 601.49 Forestry Suppliers, Inc. Field Supplies 7712 41.06 Foster Brothers Security Systems, Inc. Keys&Locks 7713 199.56 Gardenland Power Equipment Field Supplies 7714 88.82 G&K Services Shop Towel Service 7715 258.51 Gilroy Motorcycle Center ATV Rack 7716 678.78 Sandra Gimbal Sommer, Landscape Architect/Planning Contract Planner--Storm Damage Repairs 7717 382.90 Goodco Press, Inc. Printing Services Page 1 Claims No. 99-21 Meeting 99-29 Date: December 15, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7718 100.43 Goodyear Auto Service Center Vehicle Tire Repair and Replacement 7719 910.00 GreenWaste Recovery, Inc. Dumpster Service 7720 150.43 GTE Wireless Cellular Phone Service 7721 117.59 Guy Plumbing&Heating, Inc. Enterprise Rental Plumbing Repairs 7722 113.66 HMB Bldg. & Garden, Inc. Field Supplies 7723 200.00 *2 Hidden Villa Facility Rental and Deposit-Holiday Event 7724 1,012.50 Gavin Hoban Sierra Azul Master Plan Consultant 7725 408.20 *3 The Home Depot Field Supplies 7726 378.94 Howard Rome Martin&Ridley LLP Legal Services 7727 263.19 Jodi Isaacs Vehicle Expense 7728 12,595.10 Johnson&Associates Classifications&Compensation Study 7729 46.00 Anne Koletzke Reimbursement--Tuition 7730 45.00 John Kowaleski Reimbursement--PAPA Seminar Fee 7731 364.67 Langley Hill Quarry Road Repair Materials 7732 710.25 *4 Lanier Worldwide, Inc. Copier Lease Agreements 7733 935.20 Lanier Worldwide, Inc. Lease 7734 250.00 League of California Cities Subscription Renewal 7735 246.08 Los Altos Garbage Company Dumpster Service 7736 425.23 *5 Lucent Technologies Telephone Lease 7737 317.29 Lucent Technologies Service Agreement-SRO/FRO/MO 7738 36.00 Magana's Building Maintenance Light Maintenance 7739 663.23 Magnussen Buick-Pontiac-GMC Inc. Vehicle Repair&Service 7740 3,382.01 MetroMobileCommunications 4 Radios 7741 230.97 Minton's Lumber&Supply Field Supplies 7742 159.53 Paul McKowan Reimbursement--Holiday Cards&Stamps 7743 35.49 MCI Telephone Service 7744 350.00 Micro Accounting Solutions Computer Consultant 7745 425.33 Miller Starr&Regalia Legal Services 7746 350.42 Navarone Mailing Services Winter Newsletter Mailing 7747 1,650.00 North American Title Company Preliminary Title Reports 7748 249,000.00 ** North American Title Company Greenblatt Acquisition 7749 3,000.00 *6 Old Republic Title Company Proctor Family Acquisition Deposits 7750 -1,344,990.94- *** Old Republic Title Company Proctor Family Acquisition 1,796,000.00 7751 1,457.51 Orchard Supply Hardware Field Supplies 7752 2,314.29 Pacific Bell Telephone Telephone Service 7753 57.98 Peninsula Blueprint Printing Services 7754 4,532.37 *7 Peninsula Open Space Trust Prorata Taxes--Upper Bear Creek OSP 7755 510.32 PIP Printing Printing Services 7756 50.59 Powerland Equipment, Inc. Equipment Part 7757 1,582.30 Rana Creek Habitat Restoration Grassland Management--R.R. Phase III 7758 36.13 Rayne Water Conditioning Water Service 7759 464.29 Redwood General Tire Company Tires 7760 145.00 Regal Dodge, Inc. Vehicle Maintenance 7761 1,154.90 Eric Remington Wildlife Studies Consultant 7762 16.50 Rich's Tire Service Tire Repair Page 2 Claims No. 99-21 Meeting 99-29 Date: December 15, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7763 11.36 Robert's Field Equipment 7764 264.98 ROMIC Environmental Technologies Corp. Recycle Hazardous Materials 7765 34.77 Royal Brass Inc. Field Supplies 7766 5,876.05 Roy's Repair Service Vehicle Maintenance&Repairs 7767 29.48 Ana Ruiz Vehicle Expense 7768 186.07 Russ Enterprises, Inc. Signs 7769 42.22 San Mateo County Times Subscription Renewal 7770 62.47 Shell Oil Fuel 7771 1,159.36 John Shelton, Inc. Culverts 7772 92.17 Signs of the Times Signs 7773 2,531.25 Rick Skierka Licensed Land Surveyor Surveyor Services 7774 115.05 Skyline County Water District Water Service 7775 38.23 Skywood Trading Post Fuel 7776 1,200.00 Slaght Living Trust December Rent per Agreement 7777 64.00 Terminix International Pest Control Services--Distel Building 7778 178.00 Thoits Insurance Vehicle Insurance 7779 5.00 *8 Tim's Ford Title&Escrow, Inc. Notary Fee for Gift Deed 7780 51.96 United Green Mark, Inc. Field Supplies 7781 7,477.48 United Rentals Rental Equipment 7782 25,000.00 Jean&Augusta Urrere Urrere Secured Promissory Note 7783 225.00 Verio, Inc. Internet Services 7784 103.00 Verio/Best Internet Internet Services 7785 230.87 Doug Vu Reimbursement--Conference &Vehicle Costs 7786 205.35 WearGuard Uniform Supplies 7787 87.94 West Coast Aggregates, Inc. Road Maintenance Materials 7788 532.02 West Group Payment Center Law library&On-Line Legal Services 7789 202.97 West Tek Supply, Inc. Erosion Control Products 7790 300.00 Roberta Wolf Recording Services 7791 78.67 W. W. Grainger Field Supplies 7792 200.00 Woodside &Portola Private Patrol Secure Gates-Windy Hill Parking Lot 7793 425.00 *9 Lisa Zadek Reimbursement--Enterprise Plumbing Repair 7794R 1,000.00 *1 Old Republic Title Company Proctor Family Acquisition 7795R 6,861.00 Louis Bordi General Engineering Smith&Bean House Driveway Restoration 7796R 8,735.00 D &M Engineering Parking Lot Improvements 7797R 156.24 John Escobar Vehicle Expense 7798R 59.35 Gould Publications, Inc. Penal Code Updates 7799R 186.39 Home Depot Field Supplies 780OR 33.44 Hyster Sales Company Equipment Parts 7801R 900.23 Office Depot Office Supplies 7802R 1,240.00 Systems for Public Safety Recruitment--Background Investigation Servi 7803R 2,158.22 VISA 120.83 - Computer Software 39.22- Field Supplies 1211.80-Conference/Seminar/Training 786.37 -Restroorn Chemicals 7804R 419.47 *11 Yerba Buena Nursery Restoration Plants-St. Josephs Hill 7805R 546.89 Petty Cash Local Business Meeting Expense, Postage, Office and Field Supplies, Vehicle Expense, Printing Services and Uniform Supplies TOTAL $2,189,580.83 Page 3 Claims No. 99-21 Meeting 99-29 Date: December 15, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ** In the event Agenda Item#2 is not approved, this claim will not be processed. *** In the event Agenda Item#8 is not approved, this claim will not be processed. *1 Urgent Check Issued December 8, 1999 *2 Urgent Check Issued November 23, 1999 *3 Urgent Check Issued November 30, 1999 *4 Urgent Check Issued December 9, 1999 *5 Urgent Check Issued December 9, 1999 *6 Urgent Check Issued December 10, 1999 *7 Urgent Check Issued November 29, 1999 *8 Urgent Check Issued December 6, 1999 *9 Urgent Check Issued November 22, 1999 *1 Urgent Check Issued December 14, 1999 *1 Urgent Check Issued December 13, 1999 Page 4 Claims No. 99-21 Meeting 99-29 Date: December 15„ 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7670 475.00 Aaron's Septic Tank Service Sanitation Services 7671 633.88 Acme&Sons Sanitation, Inc. Sanitation Services 7672 134.41 ADT Security Services Alarm Service 7673 36.34 Airtouch Paging Paging Service 7674 424.77 Allen Equipment Company, Inc. Equipment Repairs 7675 209.21 AmeriGas Propane Service 7676 40.30 Randy Anderson Vehicle Expense 7677 128.91 Artech Laminating Lamination Supplies 7678 52.16 AT&T Telephone Service 7679 610.92 Bailey's Field Supplies 7680 70.43 Michael Bankosh Reimbursement--Boot Repairs 7681 207.84 *1 Ben Davis Company Uniforms 7682 237.00 Bill's Towing Service Towing Services 7683 4,330.00 Baron Welding&Iron Works, Inc. 4 Pipe Gates &Fittings 7684 3,515.00 Timothy C. Best CEG Road Inventory Project-ECM &Purisima Cr 7685 90.72 Browning-Ferris Industries Dumpster Service 7686 375.00 Jane Buxton ROSS Study Consultant 7687 1,300.00 CA Dept. of Parks&Recreation-Training Center Plumbing Skills Training-F. Olson, S. Cotter 7688 502.67 California Water Service Company Water Service 7689 645.83 Caputo &Caputo Mediation Services-MROSD vs Esperson 7690 8,895.71 Carpenter Printing Winter Newsletter&H &W Printing 7691 31.76 California Native Plant Society Resource Document 7692 285.31 Compurun Systems Computer Repair 7693 216.78 Costco Office &Training Supplies 7694 11.58 Continuing Education of the Bar Resource Document 7695 17.47 CSK-Auto Inc.-Kragen Vehicle Supplies 7696 440.40 Alice Cummings Consulting Services-BCR& Loma Prieta 7697 83.46 Dacco Industrial Supply Tractor Filters 7698 196.55 Jim Davis Automotive Vehicle Maintenance 7699 1,384.13 D & M Consultant Engineers, Inc. Road Realignment-FOOSP&RR Parking Lo 7700 30.00 Annaschka Deb RSA Nursery Project-Landscape Designer 7701 234.25 Mary de Beauvieres Reimbursement--Conference Expense 7702 41.21 DFM Associates CA Elections Code Book for 2000 7703 2,929.50 Design Concepts Graphic Design-Trail Brochures &Bus. Card 7704 1,160.00 Done Right Roofing &Gutters Enterprise Roofing Repairs-1185 Skyline 7705 118.99 Ergonomic Sciences Corporation Ergonomic Office Supplies 7706 235.00 Evergreen Waste Oil Disposal Service 7707 85.93 Farrelle Communications Radio Programming 7708 92.00 Federal Express Express Mail Service 7709 169.24 Film To Frame Photography Services 7710 148.18 Tom Fischer Vehicle Expense 7711 601.49 Forestry Suppliers„ Inc. Field Supplies 7712 41.06 Foster Brothers Security Systems, Inc. Keys&Locks 7713 199.56 Gardenland Power Equipment Field Supplies 7714 88.82 G &K Services Shop Towel Service 7715 258.51 Gilroy Motorcycle Center ATV Rack 7716 678.78 Sandra Gimbal Sommer, Landscape Architect/Planning Contract Planner--Storm Damage Repairs 7717 382.90 Goodco Press, Inc. Printing Services Page 1 Claims No. 99-21 Meeting 99-29 Date: December 15, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7718 100.43 Goodyear Auto Service Center Vehicle Tire Repair and Replacement 7719 910.00 GreenWaste Recovery, Inc. Dumpster Service 7720 150.43 GTE Wireless Cellular Phone Service 7721 117.59 Guy Plumbing&Heating, Inc. Enterprise Rental Plumbing Repairs 7722 113.66 HMB Bldg. &Garden, Inc. Field Supplies 7723 200.00 *2 Hidden Villa Facility Rental and Deposit-Holiday Event 7724 1,012.50 Gavin Hoban Sierra Azul Master Plan Consultant 7725 408.20 *3 The Home Depot Field Supplies 7726 378.94 Howard Rome Martin&Ridley LLP Legal Services 7727 263.19 Jodi Isaacs Vehicle Expense 7728 12,595.10 Johnson&Associates Classifications &Compensation Study 7729 46.00 Anne Koletzke Reimbursement--Tuition 7730 45.00 John Kowaleski Reimbursement--PAPA Seminar Fee 7731 364.67 Langley Hill Quarry Road Repair Materials 7732 710.25 *4 Lanier Worldwide, Inc. Copier Lease Agreements 7733 935.20 Lanier Worldwide, Inc. Lease 7734 250.00 League of California Cities Subscription Renewal 7735 246.08 Los Altos Garbage Company Dumpster Service 7736 425.23 *5 Lucent Technologies Telephone Lease 7737 317.29 Lucent Technologies Service Agreement-SRO/FRO/MO 7738 36.00 Magana's Building Maintenance Light Maintenance 7739 663.23 Magnussen Buick-Pontiac-GMC Inc. Vehicle Repair&Service 7740 3,382.01 MetroMobileCommunications 4 Radios 7741 230.97 Minton's Lumber&Supply Field Supplies 7742 159.53 Paul McKowan Reimbursement--Holiday Cards&Stamps 7743 35.49 MCI Telephone Service 7744 350.00 Micro Accounting Solutions Computer Consultant 7745 425.33 Miller Starr&Regalia Legal Services 7746 350.42 Navarone Mailing Services Winter Newsletter Mailing 7747 1,650.00 North American Title Company Preliminary Title Reports 7748 249,000.00 ** North American Title Company Greenblatt Acquisition 7749 3,000.00 *6 Old Republic Title Company Proctor Family Acquisition Deposits 7750 1,347,000.00 *** Old Republic Title Company Proctor Family Acquisition 7751 1,457.51 Orchard Supply Hardware Field Supplies 7752 2,314.29 Pacific Bell Telephone Telephone Service 7753 57.98 Peninsula Blueprint Printing Services 7754 4,532.37 *7 Peninsula Open Space Trust Prorata Taxes--Upper Bear Creek OSP 7755 510.32 PIP Printing Printing Services 7756 50.59 Powerland Equipment, Inc. Equipment Part 7757 1,582.30 Rana Creek Habitat Restoration Grassland Management--R.R. Phase III 7758 36.13 Rayne Water Conditioning Water Service 7759 464.29 Redwood General Tire Company Tires 7760 145.00 Regal Dodge, Inc. Vehicle Maintenance 7761 1,154.90 Eric Remington Wildlife Studies Consultant 7762 16.50 Rich's Tire Service Tire Repair 7763 11.36 Robert's Field Equipment 7764 264.98 ROMIC Environmental Technologies Corp. Recycle Hazardous Materials 7765 34.77 Royal Brass Inc. Field Supplies Page 2 Claims No. 99-21 Meeting 99-29 Date: December 15, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7766 5,876.05 Roy's Repair Service Vehicle Maintenance&Repairs 7767 29.48 Ana Ruiz Vehicle Expense 7768 186.07 Russ Enterprises, Inc. Signs 7769 42.22 San Mateo County Times Subscription Renewal 7770 62.47 Shell Oil Fuel 7771 1,159.36 John Shelton, Inc. Culverts 7772 92.17 Signs of the Times Signs 7773 2,531.25 Rick Skierka Licensed Land Surveyor Surveyor Services 7774 115.05 Skyline County Water District Water Service 7775 38.23 Skywood Trading Post Fuel 7776 1,200.00 Slaght Living Trust December Rent per Agreement 7777 64.00 Terminix International Pest Control Services--Distel Building 7778 1.78.00 Thoits Insurance Vehicle Insurance 7779 5.00 *8 Times Ford Title&Escrow, Inc. Notary Fee for Gift Deed 7780 51.96 United Green Mark, Inc. Field Supplies 7781 7,477.48 United Rentals Rental Equipment 7782 25,000.00 Jean&Augusta Urrere Urrere Secured Promissory Note 7783 225.00 Verio, Inc. Internet Services 7784 103.00 Verio/Best Internet Internet Services 7785 230.87 Doug Vu Reimbursement--Conference & Vehicle Costs 7786 205.35 WearGuard Uniform Supplies 7787 87.94 West Coast Aggregates, Inc. Road Maintenance Materials 7788 532.02 West Group Payment Center Law library &On-Line Legal Services 7789 202.97 West Tek Supply, Inc. Erosion Control Products 7790 300.00 Roberta Wolf Recording Services 7791 78.67 W. W. Grainger Field Supplies 7792 200.00 Woodside&Portola Private Patrol Secure Gates-Windy Hill Parking Lot 7793 425.00 *9 Lisa Zadek Reimbursement--Enterprise Plumbing Repair ** In the event Agenda Item#2 is not approved, this claim will not be processed. *** In the event Agenda Item#8 is not approved, this claim will not be processed. *1 Urgent Check Issued December 8, 1999 *2 Urgent Check Issued November 23, 1999 *3 Urgent Check Issued November 30, 1999 *4 Urgent Check Issued December 9, 1999 *5 Urgent Check Issued December 9, 1999 *6 Urgent Check Issued December 10, 1999 *7 Urgent Check Issued November 29, 1999 *8 Urgent Check Issued December 6, 1999 "9 Urgent Check Issued November 22, 1999 TOTAL $116,903.08 Page 3 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C. Britton,General Manager Date: December 10, 1999 Re: FYIs 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org Regional cW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-99-01 MEMORANDUM November 8, 1999 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Mid-Year Financial Review CONTROLLER'S REPORT Attached are unaudited financial statements for the six months ended September 30, 1999. Exhibit A contains the District's September 30 balance sheet compared to our audited position on March 31. Our cash balance is up $7 million as net proceeds from bond issues ($13.8 million) exceeded payments for new land ($6.7 million). It should be noted that $3.5 million of the $35.4 million cash balance are reserve funds to secure outstanding public notes and, therefore, not available to fund District expenditures. The District purchased $17.2 million of new land in this six month period, including converting the $10.5 million Arlie lease, funded last year, to purchased land. These additions are detailed in Exhibit E. Following the issuance of $28.4 million of bonds in August, District bonded indebtedness is now approximately 54% of our statutory debt ceiling. Approximately two-thirds of our total debt is lease debt which does not count against the statutory debt ceiling. Total principal payments coming due over the next twenty years represent about 5.8 years of projected tax revenue. Exhibit B shows our six month revenues compared to the same period a year ago and to the twelve month budget. Tax receipts in this period are up 10%from the prior year period. Information from the counties indicates that overall tax revenue should exceed our 1999-2000 budget by $100-200,000. Exhibits C and D review six month operational and development spending against the twelve month budget(C) and compared to the same period last year(D). The District spent 47% of its total twelve month administrative, operations, and development budget during the first six months. This is slightly higher than the levels at mid-year in the prior five years (45%, 46%, 45%, 42%, 46%). By program, six month (non-land purchase) spending versus twelve month budget was Administration 46%, Public Communication 49%, Operations 51%, Planning 36%, and Acquisition/Enterprise 50%. The largest under-spent items are (1) coastal annexation expense, (2) a modular/mobile employee residence, and (3)Distel office construction. 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 fete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko, Betsy Cr<wvder, Kenneth C. Nrtz a General Manager L Craiy Britton M-99-01 Page 2 As shown in Exhibit D, administration, operational, and development spending is up 16% from last year's spending rate. Salaries and benefits were up 12%. Over the last three years, total salary and benefit expense has increased at an 8% annual compound rate while total expenses (excluding land purchases and debt service) have increased at a 9%lo annual compound rate. Overall, the financial results of the first six months indicate revenues and expenditures are consistent with the district's long-term financial plans. Prepared by: Bunny Congdon, Accounting Specialist Michael Foster, Controller Contact person: Michael Foster EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 31 and September 30, 1999 (Thousands) September 30, 1999 March 31, 1999 (Unaudited) (Audited) ------------------ ----------------- Cash and Equivalents $35,395.9 $28,352.6 Receivables 16.9 3,807.3 Prepaid Expenses 22.9 10,523.4 Land, at cost 183,935.7 166,655.0 Equipment 1,908.0 1,763.1 Structures and Improvements 9,059.4 8,726.1 ------------------ ----------------- TOTAL ASSETS $230,338.8 $219,827.5 ------------------ ----------------- Accounts Payable $250.8 $190.7 Accrued Liabilities 107.7 184.6 Trust Fund--City of Menlo Park 367.8 327.1 Land Contract Debt 693.9 700.8 Public Notes Payable 113,995.1 99,373.2 ------------------ ----------------- TOTAL LIABILITIES $115,415.3 $100,776.4 ------------------ ----------------- TOTAL EQUITY $114,923.5 $119,051.1 ------------------ ----------------- EXHIBIT B MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Revenue Versus Prior Year (Unaudited) (Thousands) Months Ended September 30 1999 1998 ------------------ ----------------- Property Taxes $5,618.0 $4,911.1 Tax Subventions 275.4 430.7 Interest Income 516.1 412.8 Grant Income 131.0 175.4 Rental Income 283.1 275.5 Fines 5.5 5.3 Other 95.7 15.6 ------------------ ----------------- TOTAL RECEIPTS $6,924.8 $6,226.4 Six Month Revenue Versus Twelve Month Budget Twelve Month Six Month Budget Receipts Received ------------------ ----------------- ------------ Property Taxes $12,806.0 5,618.0 44 Tax Subventions 566.0 275.4 49 Interest Income 1,225.0 516.1 42 Grant Income 1,358.0 131.0 10 Enterprise 564.0 283.1 50 Fines 0.0 5.5 0 Other 82.0 95.7 117 ------------------ ----------------- ------------ TOTALS $16,601.0 $6,924.8 42 EXHIBIT C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Operating v. Twelve Month Budget April - September, 1999 (Thousands) Twelve Month Six Month % Budget Spending Spent ------------------ ----------------- ------------ Salaries $3,230.5 $1,455.7 45 Benefits 851.7 404.5 47 ------------------ ----------------- ------------ Subtotal $4,082.2 $1,860.2 46 Other Contract Services 752.3 206.5 27 Vehicle Expense 158.6 106.7 67 Contract Site Maintenance Exp. 237.0 113.9 48 Acquisition Expense (Inc. Legal) 215.3 137.8 64 Structures & Improvements 751.4 333.3 44 Printing & Duplicating 29.1 7.5 26 Rents & Leases 41.4 23.3 56 Training & Conferences 63.3 21.9 35 Equipment & Vehicles 218.0 144.8 66 Insurance 165.2 163.3 99 Utilities 101.5 47.0 46 Postage 41.4 22.0 53 Site Preparation 5.0 0.0 0 Communications(Publications & Projects) 136.3 65.4 48 Other Non-Land 132.2 78.9 60 ------------------ ----------------- ------------ TOTAL (NON-LAND) $7,130.2 $3,332.5 47 Debt Service 5,547.0 3,727.1 67 Land Option Fees 20.0 16.4 82 Land Acquired 20,000.0 17,168.2 86 Building Improvements 60.0 0.0 0 ------------------ ----------------- ------------ TOTAL $32,757.2 $24,244.2 74 EXHIBIT D (Thousands) Six Months Operating v. Six Month Last Year Six Months Ended September 30 1999 1998 g Increase ------------------ ----------------- ------------ Salaries $1,455.7 $1,309.4 11 Benefits 404.5 346.4 17 Other Contract Services 206.5 170.1 21 Vehicle Expense 106.7 83.8 27 Contract Site Maintenance Exp. 113.9 100.9 13 Acquisition Expense (Inc. Legal) 137.8 34.6 298 Structures & Improvements 333.3 342.3 -3 Printing & Duplicating 7.5 16.6 -55 Rents & Leases 23.3 13.1 78 Training & Conferences 21.9 15.2 44 Equipment & Vehicles 144.8 88.7 63 Insurance 163.3 153.4 6 Utilities 47.0 50.4 -7 Postage 22.0 17.1 29 Site Preparation 0.0 8.2 0 Communications(Publications & Projects) 65.4 67.4 -3 Other Non-Land 78.9 60.4 31 ------------------ ----------------- ------------ TOTAL (NON-LAND) $3,332.5 $2,878.0 16 Debt Service 3,727.1 4,225.9 -12 Land option Fees 16.4 15.0 9 Land Acquired 17,168.2 1,022.4 1579 ------------------ ----------------- ------------ TOTAL $24,244.2 $8,141.3 198 EXHIBIT E Land Acquired April 1 to September 30, 1999 SELLER DATE PRESERVE CASH PRICE Hubenette 04/23/99 Sierra Azul 1,000 Gagliasso 04/28/99 Sierra Azul 8,000 Foster 05/19/99 Saratoga Gap 790,000 POST/Garrod 05/27/99 Long Ridge 130,000 Munson 06/03/99 Long Ridge 249,000 Hubenette 06/29/99 Sierra Azul 38,170 Arlie-Lower Portion 07/14/99 Bear Creek Redwoods 4,500,000 Arlie-Upper Portion 08/30/99 Bear Creek Redwoods 10,500,000 *** Eastfield Ming Quong 07/22/99 Sierra Azul 1,000 Loma Prieta Ranch 08/10/99 Sierra Azul 1,000 POST/North 09/29/99 Sierra Azul 950,000 GRAND TOTAL 17,168,170 *** Arlie - Upper portion was not recorded in fixed assets until this fiscal year The Auditors by, GASB standards, do not capitalize leases which the upper portion was classified as. Once the lower portion of Arlie was completed and acquired, the upper portion was no longer considered a lease and could be posted as a fixed asset. MEMORANDUM from Del Woods MWPEm NsULA REGIONAL®PEN SPACE DISTRICT Date: November 19, 1999 To: Craig Britton Re: Kennedy/Merrill Property Trail Easement Background In 1991, I was requested by the Los Altos Hills Trails Committee to look at a proposed trail easement on the Merrill property(now owned by Kennedy). At that time the Merrill's were submitting plans to the county to build a second dwelling unit on the north edge of their lot next to La Loma Drive. The development of the lot was severing a neighborhood trail that accessed the Vidovich property. My field investigation with a Trails Committee member revealed the following: • La Loma Drive is at the top of a very developed residential neighborhood that could not serve as access for District constituents. • The proposed alignment was problematic because portions of it were steep and would result in significant management problems. • The trail easement ended at the Vidovich property boundary in an awkward spot where it would be very difficult to align a trail connection to District land. My position to the committee was that the District staff would not be interested in receiving and managing such a poor alignment that does not serve a regional purpose, but if the Town wished to receive and manage the trail and Vidovich would provide a connection through his property, we would accommodate a connection to the District preserve. In the following few years,the District staff worked diligently with the Town and Vidovich to try and secure a regional access/parking through the Vidovich subdivision and partially failed. Parking was not provided for but two trail access points were provided; one that passes very close to the La Loma Drive neighborhood. Current Proposal The District received notice of the November 4, 1999 public hearing to appeal the County Zoning Administrator's decision of a special permit for the Kennedy property development where the Town's request for a trail easement had been denied. This appeal had been brought to the County by the La Loma Drive residents and the Town of Los Altos Hills. A copy of the Town's letter is attached, hereto. Randy and I discussed the background of the project and he contacted the Town's Planning Director, Curtis Williams. In that discussion, he expressed the District staff position as follows: • The proposed trail alignment that ends on the District preserve(formerly Vidovich property) is a difficult area to connect up to existing trails but we would accommodate the Town if they are successful in obtaining the neighborhood trail access. • Regional trail access/parking is located at Rhus Ridge and quasi-regional trail access is being provided within the Vidovich subdivision and very close to the La Loma Drive neighborhood. • District staff talked with Town Trails Committee member Diane Barrager and she agreed that the trail was a neighborhood access which would require further study in the field and that the Town would contact the District when they were ready to do further study. Summary District staff has been responsive to both the Town staff and Trails Committee in helping them work out this neighborhood trail access problem but it has not been a priorty for high-level involvement from staff because the trail easement will only serve a limited number of neighborhood residents and the District has regional access at both Rhus Ridge and through the Vidovich subdivision. Furthermore,this is a trail easement that, if successful, will not be revealed to the public on a trail map because it would invite serious parking problems in a neighborhood. Our past experience has shown that these neighborhood residents would, most likely, petition the District to keep this trail off public maps if it were to be offered to the public. LOS ALTOS KILLS r •� CALIFORNIA September 29, 1999 Santa Clara County Planning Commission County Govt. Center, 7th Floor 70 West Hedding Street San Jose, CA 95110-1705 Re: . Appeal of File#2866-11-70-99SP 25355 La Loma Drive (Kennedy) Dear Commissioners: I have been authorized by the Los Altos Hills City Council to appeal County staff s decision to approve the above project and related applications to the County Planning Commission. It is our understanding, however, that the matter has already been appealed by neighbors, is scheduled for November 4, 1999, and that further appeal by the Town is not necessary. When the original request to build the house and "barn" was brought to the Town's attention in the early 90's, the neighboring residents informed the County that the house was being built over a trail that had been heavily used for many years. The compromise that allowed the Merrills to build the original house and still satisfy the neighbors was a condition that a pathway easement, as shown on the site plan, would be dedicated to Los Altos Hills. This path along the edge of the property (see map attached) would have replaced the pathway being lost as a result of the new development. Although the pathway dedication was prepared and in the files, the house, through an unfortunate oversight, was finaled before the owners signed the easement. The neighbors have been waiting ever since for restoration of this lost access pathway. Recently, the Town approved a subdivision on a neighboring property (Lands of Denny) that included a condition fora pathway easement which borders the Kennedy property. Unfortunately, however, this pathway does not provide the link to open space lands afforded by the original easement request which had been shown on the County maps along the western boundary of the Kennedy's site. 26379 Fremont Road 4 Los Altos Hills OCT California 94022 650 / 941 - 7222 Fax 650/941-3160 Kennedy Appeal: Sep.-inber 29, 1999 Page 2 The Town therefore requests that the Planning Commission require the original 20-foot wide pathway easement dedication along the western boundary of the property, from La Loma Drive to the open space lands, to correct the oversight of several years ago. This would certainly be in the spirit of the original pathway easement dedication and would be a very valuable asset to the Town of Los Altos Hills and to the La Loma Drive neighborhood. The Town is also willing to entertain another route for the pathway that the applicant may prefer, if it achieves the same objective. Thank you for your consideration of this matter. A representative from the Town will be in attendance at the appeal hearing to answer questions. If you have any questions before then, please contact me at(650) 941-7222. Sincerely, �JUrWtio �,A.1lX��A I�� Curtis Williams Planning Director attachment cc: Honorable Joe Simitian, County Supervisor Jim Reilly, County Planning Office Los Altos Hills City Council Mark Miller, City Manager Randy Anderson, MidPeninsula Regional Open Space District 1 I LANDS OF DENNY La Loma���V a Existing 15' Pathway Easement LANDS OF KENNEDY Se 0 s� 4 toy'° i MidPeninsula Open Space ; District Lands 1 1 I r FOLEY & LARDNER A T T O R N E Y S A T L A W CHICAGO ONE MARITIME PLAZA, SIXTH FLOOR SACRAMENTO DENVER SAN FRANCISCO, CALIFORNIA 941 1 1-3404 SAN DIEGO JACKSONVILLE TELEPHONE: (4I 5)434-4484 SAN FRANCISCO LOS ANGELES FACSIMILE: (4 1 5) 434-4507 TALLAHASSEE MADISON TAMPA MILWAUKEE WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 415.984.9891 EMAIL ADDRESS CLIENT/MATTER NUMBER ceady@foleylaw.com 999700-0405 November 19, 1999 Mr. L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Re: Plain English Is a Hit! Dear Craig: As you can see from the enclosed brochure, the plain English official statement has been a huge hit! Our firm has even paid for another printing of it, to satisfy the amazing demand for it, coast-to-coast. I want to thank you again for the opportunity of working on what has become a landmark offering! Very truly yours, E ell . ady, Jr. Enclosure cc: Michael L. Foster c/o SDL, Inc. 80 Rose Orchard Way San Jose, California 95134-1365 XXX.XXXXXX.XA ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART Making Sense of Municipal Securities Disclosure FOLEY & LARDNER SEPTEMBER 1999 ' I x , M w How municipal securities issuers use PLAIN ENGL ISH DISCLOSURE" to communicate better with investors and other constituents. It all started when the SEC issued its mandatory for municipal securities, plain English disclosure guidelines for some people think it's a good idea corporate securities. The goal is to to use them anyway. So, earlier this make disclosure clear, concise and year,we tried them out on a new easy to follow, in graphic presentation issue Stone&Youngberg LLC as well as content. Although the brought to market for a regional SEC hasn't yet made the guidelines California open space district . . . . Bringing Plain English Disclosure to California Soon we won't be able to refer to ' t the i 800's as "the last century" fi . anymore—we'll be another century • a' removed from it! And the old ways p - ' mapping California, mainly showin trails and rails, will fade still further int ' our past. Just as mapmaking has changed with the needs and capabilities of th times, we see municipal securities disclosure evolving to meet the challenges of new regulations, market il expectations and the internet. s Foley& Lardner has been workingi with Stone&Youngberg LLC, Pacific Financial Printing and www.emuni.co 3 to bring to California a new type of disclosure, more attuned to the times and more useful for the years ahead. The model for this disclosure—the SEC's "plain English" guidelines—is available for viewing or downlAbacl www.sec.gov, or you may req copy from Foley& Lardner (spage for our California contac 4 � • � ' � • The voters created Midpenin- twin-column, left-justified format, sula Regional Open Space District with space between the lines and to acquire and preserve open wide margins to accommodate space land for wildlife habitats headings, graphics, mission state- and recreation along the San ments and other new features. Francisco Peninsula. The idea is to lead you by the Already, the District has pre- eye to learn more about the issuer j served more than 43,004 acres of and the investment, so you don't land in San Mateo, Santa Clara have to go on some kind of ar- and Santa Cruz counties—ena- chaeological dig through cover-to- bling people in Silicon Valley and cover legalese. the greater San Francisco bay And there's another differ- Area to enjoy a priceless natural ence; we've tossed out the old resource. taboos against contractions and The District has a large and personal pronouns like "you" and active constituency, and it under- "we". instead, we tell a story in stands the value of clear, open conversational terms, and we communication with its constitu- don't presume the reader is a fi- ents and with bond investors. nance guru, either. So, earlier this year, the Dis- With the latest desktop trict's financing team began work publishing software, the redesign on a completely revamped official was easy. But for the financing statement. Their goal was to use team, the chief challenge was to the SEC plain English guidelines make the text reader-friendly to enhance the District's profile without sacrificing accuracy or in the bond market and to give completeness. We also wanted to the District a new way to com- give readers a better handle on the municate with its constituents— relevance and importance of vari- on paper and on the internet. ous topics. Much like the District, the But the first task was to clean hallmark of the new official state- u the cover page and give it new P Pg ment is open space. Most of the usefulness. Please turn the page descriptive text comes in this to see what we did. NEW ISSUE PRELIM 1Y OFFICIAL STATEMENT DATED AUGI 11, 1999 RATINGS BOOK-ENTRY ONLY MOODY'S"Aaa" seerp�i, es -8 $28,000,000.00 * S&P"AAA" Midpeninsula Regional Open Sp ce (Ambac insured) see page 32 ge references District Financing Authority ou ski the 1999 REVENUE BONDS, SECOND ISSUE y P The issuer and the name of e of contents. - the issue come first. Bond counsel has moved to its own DATED: DATE OF INITIAL DELIVERY section below- This cover page is only a general summary. Investors must read the entire Official Statement to obtain essential informati PURPOSES Midpeninsula Regional Open Space Districtwill buy land to preserve and use as open space,refund its U)_ See pages 1-3,15-17 1990 Promissory Notes,provide a reserve fund surety policy for the Bonds and pay costs of issuance. L � N z- THE BONDS Current Interest Bonds pay interest on February 1 and August 1, starting February 1, 2000, and are in a f see pages 3-8 $5,000 denominations and whole multiples of$5,000. Capital Appreciation Bonds accrete interest, 0 compounded on February 1 and August 1, starting February 1, 2000, and are in $5,000 Accreted Value co tD 0 denominations and whole multiples of$5,000. The DTC book-entry system will apply to all Bonds, so investors will not be registered as Bond owners. a EP The Authority has appointed a trustee-BNY Western Trust Company-to pay principal and interest on 0 the Bonds by wire transfer to DTC. Payments to beneficial owners of the Bonds will occur through the C o DTC System. cn 2 Q a) Redemption of the Bonds will occur if the District prepays its obligations(see REVENUES below c6 REVENUES Annual appropriation;no pledge. Each year, the District will appropriate revenues -mainly limited >, see pages 11-15, nd San Mateo County allocate to the District-to pay its 17-22 nd to pay its 1999 Promissory Notes. These payments No more big blocks of disclaimers - just s. The District will not pledge property,revenues or the bare essentials. More clarity about °' m BOND who did what and why. en due will be insured by a municipal bond insurance 0 INSURANCE b Ambac Assurance Corporation simultaneous) with a Y rp Y see pages 8-10 the of the Bonds. a a 0 0 LIMITS ON The Bonds are not general obligations. The Authority as Bond issuer will direct District payments un- LIABILITY der the Project Lease and the 1999 Notes to the Trustee,and the Trustee will make Bond payments only E,o from these sources and other specified funds it holds. The Authority has no taxing power. No one else 0 has any duty to make Bond payments. This includes other governments whose territory overlaps the CY) 0 District's territory, such as the State of California and the Counties of Santa Clara and San Mateo. CU .o BOND AND Orrick, Herrington&Sutcliffe LLPis bond counsel to the Authority. Assuming the District and the Au- oTAX OPINION thority comply with all tax covenants for this transaction,then existing laws,regulations,rulings and court E c see pages 30-32 decisions support bond counsel's legal opinion that Bond interest is excluded from gross income under the a federal income tax and is exempt from State of California personal income taxes. The full text of bond ai -00 counsel's proposed opinion appears in Appendix C and supersedes any other discussion of tax issues in °' `0 this document.The Authority will not issue the Bonds without Bond Counsel's approval of their validity. o DISCLOSURE oley&Lardner has advised the Underwriter in the preparation,compilation and review of this document. U � o DELIVERY nd if issued,through DTC's facilities, on or about August 30, 1999. c 0 c m *CU ILD APPRECIATION BONDS 2018 TO 2031 -SERIAL MATURITIES AUGUST 1 D YEAR P The "index bar' takes you YEAR INITIAL AMOUNT ACCRETED VALUE YIELD TO MATURITY `� 2002 $ 5 directly from the cover to (2018) $ $ 4,945,000.00 % cn U) 2003 5 the related text. (2019) 5,100,000.00 0 2004 6 (2020) 2,560,000.00 a� 2005 7 (2021) 2,685,000.00 2006 a AnA nrl (2022) 2,820,000.00 0 2007 9 (2023) 2,960,000.00 CU zoos 1,o Delivery and discloato (2024) 3,110,000.00 0 zoos 1,2 formation have m (zo25) 3,2s5,000.00 c 2010 1,3 (2026) 3,430,000.00 ~ 2011 1,4 their own sections (2027) 3,600,000.00 2012 1,1 (z028) 3,780,000.00 O a) (2029) 3,970,000.00 � E $5,980,000 %CURRENT INTEREST TERM BONDS DUD % (2030) 4,170,000.00 Q 0 (2031) 4,375,000.00 U -0 Stone & Youngberg LLC * PRELIMINARY;SUBJECT TO CHANGE THE DATE OF THIS OFFICIAL STATEMENT IS AUGUST_, 1999. FOLEY & LARDNER PLA, ,,i ENGLISH DISCLOSURE Mainly in the plain HOW THEY SAID IT THEN HOW WE SAY IT NOW This Preliminary Official Statement and the information contained herein are subject to completion or amendment. These securi- ties may not be sold nor may offers to buy be accepted prior to the time the Official CAUTION: This document is not final or com- Statement is delivered in final form. Under plete. It may change significantly before the no circumstances shall this Preliminary RED HERRING Authority prices and sells the Bonds. This Official Statement constitute an offer to sell document is not an offer to sell the Bonds, or a solicitation of an offer to buy nor shall and it does not solicit an offer to buy the there be any sale of these securities in any Bonds in any state prohibiting the offer or jurisdiction in which such offer, solicitation sale. or sale would be unlawful prior to registra- tion or qualification under the securities laws of such jurisdiction. The Bonds are subject to redemption at Owners of redeemed Bonds must cash the option of the Authority in whole or them in with the Trustee if the Bonds in part on any March 1 or September 1, are redeemed before the Bonds mature. on or after September 1, 2008, at the Beginning August 1, 2oo8, the Author- following redemption prices (expressed OPTIONAL ity may opt to redeem any Bonds on as a percentage of the principal amount REDEMPTION of Bonds called for redemption), plus any February i or August i, pro rata in accrued interest to the date fixed for $5,000 units. Please see the table below redemption. for a list of optional redemption prices. Any Bond may, in accordance with the terms of the Indenture,be transferred upon the books of the Trustee by the person in whose name it is registered, in person or by his duly author- ized attorney,upon surrender of such Bond for cancellation at the Principal Office of the Registered Bond owners may surrender Trustee, accompanied by a written instrument and transfer their Bonds, in person or of transfer in a form acceptable to the Trustee, duly executed. The Authority will thereupon by duly authorized attorney, at the prin- execute and the Trustee authenticate and de- cipal corporate trust office of the Trus- liver to the transferee a new Bond or Bonds of like tenor and aggregate principal amount. tee in Los Angeles, California. They TRANSFER AND Bonds may be exchanged at the Principal Of- must complete an approved transfer fice of the Trustee for a like aggregate princi- EXCHANGE form and pay any taxes or governmental pal amount of Bonds of the same series of other Authorized Denominations. Whenever charges which apply to the transfer. As any Bond shall-be surrendered for transfer or explained below, while DTC is securities exchange, the Authority shall execute and the depository for the Bonds, it will be the Trustee shall authenticate and deliver a new Bond or Bonds of the same series, for a like sole registered owner of the Bonds. aggregate principal amount. No transfer or exchange shall be required to be made of any Bonds called for redemption or of any Bonds during the ten days next preceding the giving of any notice of redemption. FOLEY & LARDNER F- _-\IN ENGLISH DISCLOSURE Where credit is due fit'4. The plain English official statement Without the District, of course, ` evolved through the effort and vision of there wouldn't have been an offering. many people and firms. Foley& Lardner On this transaction, even more than on didn't do it alone—far from it! prior issues, the District board members kg.with other issuers over the immersed themselves in the substance —Morpast few years we helped develop the and the details of disclosure and gave the "bullet-point" cover page style that is a financing team vital feedback. precursor to the new format (see In this effort, they had the skilled page 4). This is part of a streamlined, assistance of District General Manager integrated disclosure system which relies Craig Britton, District Controller Mike primarily on annual reports under SEC Foster and District Legal Counsel Sue Rule 15c2-12 and makes maximum use Schechtman. Mike Foster and Tom of the internet and electronic bidding Lockard were especially helpful to us in services. producing the data which became a 3-D In many negotiated sale situations, composite bar chart of the District's we have helped issuers eliminate the payment obligations (see right). need to print and mail preliminary offi- We are also grateful to the District's cial statements. bond counsel, Carlo Fowler of Orrick, On the most recent plain English of- Herrington & Sutcliffe LLP. His enthusi- fering, we thank the underwriter—our asm, wisdom and professional collegiality client, Stone &Youngberg LLC. Tom were essential to the team's success. Lockard of that firm structured the fi- We also thank Pacific Financial nancing and shaped many portions of Printing and its www.emuni.com inter- the OS. Tom and his sales force offered net service, where you can view the final patient and insightful feedback through- OS. They provided valuable technical out the transaction. assistance to the rest of the team. AT RIGHT,• A NEW LOOK FOR FINANCIAL TABLES Complex financial information and its relative significance are easier to fathom with streamlined tables and occasional use of color graphics. Running headers tell you where you are in the document. ESTIMATED REVENUES AND OUTSTANDING OBLIGATIONS TABLE 6: ESTIMATED DEBT SERVICE COVERAGE in thousands of dollars except coverage) FISCALYEAR ENDING IN 2000 2001 2002 2003 2004 2005 Estimated Revenues(1) $ 16,049 $16,004 $ 16,610 $17,239 $ 17,894 $ 18,574 Total Senior Notes Debt Service(2) 2,268 2,362 2,397 2,419 2,448 2,478 Senior Debt Service Coverage 708% 678% 693% 713% 731% 750% Estimated Net Revenues $13,781 $13,642 $ 14,213 $ 14,820 $ 15,446 $16,096 Project Lease 247 589 589 1,098 1,154 1,211 Other Lease and Subordinate Debt(3) 2,712 3,115 3,183 3,761 3,302 3,387 Total Lease and Subordinate Debt 2,959 3,704 3,772 4,859 4,456 4,598 NET REVENUE COVERAGE 466% 368% 377% 305% 347% 350% Estimated Revenues Less Other Revenues(1) $ 15,049 $14,984 $ 15,570 $ 16,178 $ 16,812 $17,470 All Lease and Debt Payments 5,227 6,066 6,169 7,278 6,904 7,076 Adjusted Coverage 288% 247% 252% 222% 244% 247% (1) Based on Table 5 information. (2) Includes 1995 Notes, 1996 Notes and 1999 Notes. (3) Includes 1993 Certificates of Participation,January 1999 Lease and various land contracts. Source: District Controller TABLE 7: DISTRICT PRO FORMA PAYMENT OBLIGATIONS (FOR FISCAL YEARS ENDING MARCH 31) $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 j FOLEY & LARDNER PLAIN ENGLISH DISCLOSURE Plain English : The eyes have it! Stone &Youngberg LLC principal Tom Lockard, the underwriter, explains the genesis of this project: "The Open Space District has been a frequent bond issuer, and their board is extremely active. Their entrepreneurial spirit reflects their Silicon Valley home. The District Controller is also a Silicon Valley CFO who is familiar with corpo- rate plain English disclosure. "This group was an ideal incubator for a new approach to municipal disclo- sure. We had underwritten bonds for ACCORDING TO THOSE WHO KNOW the District last,lanuary, and we knew "I think my clients actually read the POS. .. ." there would be a companion issue in August, so we had a seven-month win- Stone&Youngberg Private Client Group executive dow to move from the traditional OS to "This is the best! Are all of your financings going to be in the plain English OS. this format?" New York-based institutional credit analyst "We used this time methodically to "We have a great constituent interest in what we do,and develop and field-test the disclosure with so a lot of people follow what we do. In fact, I use the off i- the staff, board, professionals and sales cial statements when people ask me about the financial executives. The plain English OS had information on the District. So, I think plain English is a many proud parents." lot more helpful." Craig Britton, Executive Director of the District ©1999 Foley&Lardner. All rights reserved. www.foleylardner.com For more information, please contact your Foley&Lardner professional. In California: San Francisco 415.434.4484 ceadyna.foleylaw.com Chip Eady, Mark Schieble, Larry Jensen, Danny Wan, Doaa Fathallah Los Angeles 310.277.2223 crichardson(c�foleylaw.com Clare Richardson, Rob Sevell, Rick Seiden, Doaa Fathallah San Diego 619.234.6655 gmoser foleylaw.com Greg Moser, Larry Marshall, Mary Norvell Other bond lawyers in Chicago,Jacksonville, Madison, Milwaukee, Orlando and Washington, DC. Regional Open ace 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams, Real Property Representative DATE: November 22, 1999 SUBJECT: Lease and Management Agreement with Guadalupe Land Company(Peninsula Open Space Trust) at the Mt. Umunhum Area of Sierra Azul Open Space Preserve An agreement was entered into on November 17, 1999 and management responsibility for this 286.46-acre property passed to the District(See enclosed copy of the agreement). I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, the effective date of the agreement marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of November 17, 1999. DEDICATION CHART INFORMATION Dedication Board status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres W-Whheld?) Notes Sierra Azul Mt. Guadalupe 11/17/99 11/17/99 286.46 N/A Lease&Managed Agreement Umunhum Land Co.(POS'1) cc: Board of Directors D. Dolan J. Escobar B. Congdon K. Hart D. Vu C:IFORMS\CLOSING.FRM SIERR ZUL OPEN SPACE P ESERVE MIDPENINSTJLA REGIONAL OPEN SPACE DISTRICT Rancho de Guadalupe AREA 1000 / •• lzoo / oo 1400 /✓ / s ROao' MA N L,- •� Q K 16�00 f OUI�- AR GUADALUPE LAND CO. 286.46 ACRES i �� t000 ..... ••d oo E1 I Sombroso �(sAor �12070 2,999' S � �•• � 7400 � ! { •� (SA06) 1600 6.2 �^ � ^ r 2.200 .' r2400 d � 6002800 ,C ' �•. Ao ' __ > Bald, Mt,Umun hurn, '� i ea/,dMr Mountain, 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 �A97 T'ai, 2,387' One Mile EXHIBIT A SI F . , AZU L OPEN SPA( . 'RESERVE Midpeninsula Open Space Preserve 1 hENAEDY•UMEKICV CQ--i c �-4 y.'/4;�',� ._•\ � j� �\..! f �ptnaAlmade�Rd �� M�Thayer :� lk MUNHUM•ARE�A - ,��,�� ��-----�J�;� \mot• -- - Nooke`inch ( PROPOSED ACQUISITION ;— - ��_r•—= (Eastfield Nlin- Quong Inc. +/- 40.36 AC.) ���` M RR C TF1 RAL O S AREA .2 0 A September 1,1;; EXHIBIT A: PROPERTY LOCATION iMAP Regional Open ace 1 ..�..+� .raw .. �►'fir.. �_" ' INTER OFFICE MFMMIANW REGIONAL OPEN SPACE DISTRICT TO: C. Britton, General Manager FROM: M. Williams, Real Property Representative DATE: November 22, 1999 SUBJECT: Eastfield Ming Quong Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on November 9, 1999 and title to and possession of this 40.56 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff reports to the Board. The former property owner and an adjoining owner requested that the subject property be dedicated as public open space. Accordingly at the meeting of October 13, 1999, the Board of directors approved an amendment to the use and management recommendations indicating the intention to dedicate the subject property as public open space. Close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of September 9, 1999 and as amended on October 13, 1999. DEDICATION CHART INFORMATION Dedication Board Status Approval Cuing Dedication (intended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Sierra Azul Mt. Eastfield Ming 9-9-99 11-9-99 40.56 intended 10/13/99 Amendment Umunhum Quong + to indicate intention to dedicate cc: Board of Directors D. Dolan J. Escobar B. Congdon K. Hart ' D. Vu C TORMSTLOSING.FRM a Regional Open lace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 22, 1999 Deb and Antone Picchetti 24535 Highway 108 P.O. Box 258 Miwuk Village, CA 95346 Dear Deb and Antone: It was a great pleasure for my husband, Bob, and I to meet you this summer and to recall some of the history of the Picchetti Winery property, now part of the District's Monte Bello Open Space Preserve. As you know the winery facility is leased to Leslie Pantling who is producing wine from that location. The former leaseholders were producing wine under the Sunrise Winery label, and I'm very happy that our new tenant is using the Picchetti label. It is much more in keeping with the history of the area. When we spoke, you mentioned that the Picchetti family had, in the past, given some consideration to having a family event at the Picchetti winery,but that there were some unexpected costs involved with using the site. When I thought about that,it occurred to me that, although the District could support a simple family reunion without cost to the Picchetti family, what I would really like to see us sponsor is a gathering at the winery in honor of the Picchetti family and their contributions to the agricultural history of the area. Such a gathering could be a re-dedication of the Picchetti name at the winery. It could serve to not only bring the Picchetti family to the site but would give District Board and staff the opportunity to hear, first hand, some of the rich history of the Picchetti Winery. What I would like to propose could be held next spring with a buffet lunch provided by the District. I would see the event beginning with a short welcoming speech from the District and an introduction of Leslie Pantling to the family. I would also hope that a member of the Picchetti family would say a few words about the history of the site, and any other remarks you might think appropriate. We would also like to take photos of the gathering to include in a future District newsletter. Any historical information which you or your family would like to share would also be considered for inclusion in the District's Picchetti Ranch Area trail brochure. I think this would be a wonderful opportunity for our Board and staff to re-connect with the Picchetti family and to learn more about the history of the site through your eyes. Please call me at (650) 494-0796 to let me know whether or not your family would be interested in such a gathering, and to explore dates for whichever type of event you would wish. Sincerely, Nonette Hanko Director, Ward 5 NH/mcs Cc: MROSD Board of Directors Leslie Pantling 3 10 Distel Circle • Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX: 050-691-0485 a E-mail: mrosdil)openspace.org • Web site:www.openspace.org Board of Drro(tort,Pete Siemens.Nlxv C.Davey,)ed Cvr, Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz •Gonerat m,ii t wr L.Crain Britton Page 1 of 1 Malcolm Smith From: <Rosieres@aol.com> To: <kdesa@sjmercury.com> Sent: Friday, November 26, 1999 10:37 AM Subject: Illegal trail building/mountain bikes Dear Ms. De S: I read your article on a website and hope I have spelled your name correctly. I am a resident of Fairfax, Marin County, where we have the same problem with illegal trail building by mountain bikers. To find the ones responsible for the damage, go to the heads of the mountain bike clubs who like to pretend they don't know who builds the trails, go to the individuals who teach downhill riding techniques, and go the professional downhill mountain bike racers and their sponsors. All these people know who builds the trails. To solve the problem and identify the criminals, close open space to all mountain bike use -there's no honor among thieves. Great article and thank you for it. Sincerely, Terri Alvillar, P.O. Box 1014, Fairfax, CA 94978 415-459-7735 cc: MROSD 11/29/99 Regional Open ace November 30, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Edgar R. Dethlefsen P.O. Box 7337 Menlo Park, CA 94026 Subject: Restoration and Habitat Enhancement of Pulgas Ridge Open Space Preserve Dear Mr. Dethlefsen: Thank you for your recent letter regarding the restoration and habitat enhancement project at Pulgas Ridge Open Space Preserve. I recognize your frustration in accepting the restoration project, but would like to take this opportunity to better clarify how the objectives of the project are consistent with the District's Resource Management Policies. The biological diversity at Pulgas Ridge Open Space Preserve is being threatened by the invasion of non-native plants. A non-native plant is a species that has been introduced into an environment different from that in which it evolved. Examples of these non-native plants at Pulgas include eucalyptus, acacia and various species of broom. These plants were brought to the site for their decorative value in association with the development of the site as a tuberculosis hospital (Hassler Health Home). They also acted as a windbreak during the years the area was developed. Now, because non-native plants have the ability to grow quickly, they have dominated the disturbed areas and begun crowding out the native plants by forming impenetrable thickets, shading out native plant seedlings, competing for nutrients and water, or even fundamentally changing the soil to favor their kind. Invasive non-native plants provide little habitat value for native fauna. Most insects, birds, and other animals have adapted to use relatively few plant species for food, shelter, or nest sites. A loss of their preferred species can result in their decline or even extinction. If a sufficient number of species are eliminated, or even, a few "keystone" species, the whole ecosystem can collapse. The resource management mission of Midpeninsula Regional Open Space District is to protect and restore the diversity and integrity of its land resources for their value to the environment and to people, and to provide for the public recreation use of the preserves consistent with resource protection. The Pulgas Ridge Habitat Restoration Project aims to restore this site to a more natural environment that has higher habitat values for wildlife and recreational use. This will be done through vegetation management. The primary project goals are to 1) enhance the natural values of the land by replacing invasive, non-native vegetation with plants native to the area and 2) create self-sustaining native vegetation that will require little or no maintenance in the long term. 330 Distel Circle . Los Altos, CA 9402 1-1404 • Phone:050-691-1200 FAX:650-691-0485 . E-mail: mrosd�sopenspace.org • Web site:www.openspace.org 6o.trcl p!Directors:Pett:=Siemens,Mary C. Daeey,led Cyr,Deane Little, Nonette Ftanko, Betsy Crowder,Kenneth C.Nitz +Genera At.usa,ger:L.Craig Britton 2 The District is focusing on restoration at Pulgas Ridge because the chances for success are great. Unlike many other District preserves, the disturbed area of Pulgas Ridge is in the center of the preserve and not on the edges near development. It is a relatively small unique area surrounded by four native habitat types making it an ideal site for restoration. Once the non-native species are controlled, native habitats can be restored and over time the site will be able to sustain itself without management intervention. Habitat restoration is a long-term commitment. Control of invasive non-native species, revegetation, maintenance, and monitoring are proposed to continue incrementally each year at Pulgas Ridge until completion, as stated in the Restoration Plan. Various factors will determine the rate and success of this restoration project, most notably, staff time, availability of funds, and public support. A focused effort on the preserve over the past three years has resulted in considerable progress in restoring the area to a more natural state. Continued focus and momentum will assure that our goals are met and Pulgas Ridge is returned to a healthy self-maintaining indigenous ecosystem with high biological diversity. I hope that I have adequately addressed your concerns with this project. I do feel that the phased implementation will help to preserve the visual aesthetics of the site, specifically as viewed from Brittan Heights. Hopefully, I have helped to explain the long-term need for the District to address the issue of non-native invasive plant species which are virtually eradicating native plant species at this public open space preserve. If you have additional questions, please feel free to contact the District's Resource Management Specialist, Ms. Jodi Isaacs, at (650) 691-1200. L. Craig rift n General Manager CB/ji cc: Board of Directors E D G A R R D E T H L E F S E N A R C H I T E C T P. O. B O X 7 3 3 7, M E N L O P A R K, C A L I F O R N I A 9 4 0 2 6 w000 :r c,,e Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith December 2, 1999 Public Affairs Manager (650)691-1200 Open Space District Receives Coastal Conservancy Grant for Bear Creek Redwoods Acquisition Los Altos, CA—The California Coastal Conservancy has awarded a S3 million grant to the Midpeninsula Regional Open Space District(MROSD)toward the acquisition of the Bear Creek Redwoods Open Space Preserve. In addition, the Conservancy approved a $3 million zero-interest loan that will also be used toward the acquisition. The Conservancy took this action at its meeting yesterday (December 1), which took place in Los Gatos. These grant and loan funds will be provided to Peninsula Open Space Trust(POST),which owns the upper 805 acres of the 1,065-acre Bear Creek Redwoods Open Space Preserve. Earlier this year,the District acquired the lower 260 acres of this preserve for$15 million. Peninsula Open Space Trust agreed to borrow commercially and contribute $10 million to purchase the upper 805 acres. This grant and loan,together with private fund raising, will assist the District in purchasing the upper property from POST, thereby ensuring its permanent protection and preservation as open space on behalf of the public, for today and for all future generations. "We're very grateful to the Coastal Conservancy for its generous support and enthusiastic participation in this acquisition," said Craig Britton, MROSD General Manager. "The partnership of the District,POST, and the Conservancy is an outstanding example of the cooperative effort that is necessary in order to accomplish such complex and expensive land conservation programs." Located at the base of the Santa Cruz Mountains,north of Lexington Reservoir and State Route 17,Bear Creek Redwoods Open Space Preserve has long been a high priority for the preservation of its natural resources, wildlife habitats, and public recreational opportunities. It is also a top priority in the Santa Clara County 2020 plan. It is an approximately 20-minute drive from downtown San Jose, and within just 30 minutes of several million people living in the greater South San Francisco Bay area. The site's level grassland hilltops, which offer vistas of the entire Santa Clara Valley, and its rugged canyons and forested hills are well-suited for low-intensity public recreational use. Its direct access to Lexington Reservoir County Park and proximity to State Route 17 give it even more potential as a recreational destination from throughout the Bay Area. Trail connections in the region, including to the Bay Area Ridge Trail and the Los Gatos Creek Trail, would be greatly enhanced and would provide new access to thousands of acres of existing open space lands. (more) 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosdrropenspace.org • Web site:wvNyv.openspice.org Board of Directors:Pete Siemens,May C Davey,Jed Cyr,Deane Little, Nonette Hanko,Bet v Crmvder, K,tnroh C. Nitz •Generd Abna,wr:L.Craip;Britton Mature redwood and Douglas fir forests, which are very unusual to find on the bay side of the Santa Cruz Mountains, give the new Bear Creek Redwoods Open Space Preserve a unique environmental value. Successful preservation efforts will ensure that these natural resources are permanently protected, thus providing future generations with the opportunity to enjoy unspoiled open space. The Midpeninsula Regional Open Space District,extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 45,000 acres of diverse open space and manages 24 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat,watershed,and a variety of ecosystems,restores damaged natural resources,and provides trail improvements for passive recreational use by the public.The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment, and to preserve open space for future generations to enjoy.There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards,each represented for a four year term by an elected Board member.The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m., at the District offices. INTEROFFICE MEMORANDUM Dec. 2, 1999 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month October Year 1999 VIOLATIONS TOTALS CITES CRIMES TOTALS CITES Bicycles Arson fire (RR) 1 0 Closed area 2 8 Resisting peace officer 5 0 Speed 11 6 Cremation disposal 2 0 Helmet 18 14 Indecent exposure 1 0 Night-riding 7 5 Unsafe operation 0 0 ACCIDENTS/INCIDENTS Dogs Bicycle 4 Prohibited area 1 1 Equestrian 0 Off-leash 12 7 Hiking/running 1 Off-road vehicles 3 2 Vehicle 1 Closed area 4 2 Other first-aid 0 After hours 19 6 Search & rescue 0 Fishing 1 1 Air evacuation 1 Vandalism 3 0 Parking 5 0 ENFORCEMENT Parking after hours 15 6 Citations 59 Dumping/littering 0 0 Written warnings 58 Campfires 2 0 Arrests 1 Camping 1 0 Police assistance 3 Weapons Actual contact 0 0 MUTUAL AID Report only 0 0 Accidents 4 Evidence of 0 0 Law Enforcement 1 Smoking 7 1 Landing Zone 1 Illegal trail construction 1 0 Off-road skateboards 7 0 SUMMARIES OF SIGNIFICANT INCIDENTS Oct. 2 Human cremation remains were found at Windy Hill OSP (10/2) and Long Ridge (10/13) OSPs. San & 13: Mateo and Santa Cruz Sheriff's Depts. were notified. D. Danielson, B. Malone, W. Phillips. Oct. 7: A man was contacted at Windy Hill OSP for "after hours" and "no smoking" violations. The man also appeared to be intoxicated. He was cited for the "after hours" violation. B. Malone. Oct. 7: A mentally disturbed person was contacted several times in a 24-hour period at Russian Ridge OSP. After rangers observed the man rolling around on the roadway, he was taken into protective custody by San Mateo Sheriff's deputies. L. Paterson, P. Congdon, B. Malone, D. Danielson, M. Ken, J. Menk. Oct. 10: Six people were issued "bicycles prohibited" citations for riding on the Black Mountain Trail at Rancho San Antonio OSP. One cyclist became verbally uncooperative and threatened to leave. J. Menk, J. Escobar. Oct. 10: T. Randall found a barrier knocked down and a gate chain cut to gain access to a campsite in Sierra Azul OSP. M. Newburn and a Santa Clara County deputy sheriff assisted in checking the area. Camping and fishing gear were gathered and taken to the office. The owner later called and retrieved the gear. He was issued a written warning for camping. Oct. 10: A private vehicle is accessing the Mt. Umunhum area of Sierra Azul OSP from adjacent private property. This appears to be taking place with some frequency. T. Randall found a district gate vandalized, trees and brush cut to provide for vehicle access, and fresh evidence of off-road vehicle use. Firewood gathering has also occurred, with attempts made to conceal the activity. Oct. 13: Four bicyclists at El Corte de Madera OSP were issued `after hours" citations. Initially, all four tried to evade the ranger, but stopped when ordered to do so. B. Malone. Oct. 14 A person was observed at Windy Hill OSP sitting naked at the picnic table, smoking a cigar. The person was cited for smoking and warned regarding indecent exposure. J, Menk, L. Paterson. Oct. 18: An arson fire destroyed a stolen vehicle at 1:15 am in Russian Ridge OSP. The car was parked on the side of Alpine Road. The fire extended into the preserve, burning approximately a 100' x 200' area of grass and oaks. San Mateo deputies said a number of similar fires had occurred in the county and may be gang related. D. Danielson, P. Congdon. Oct. 23: A two-mile long illegally built trail was discovered at Huddart County Park and Teague Hill OSP. Approximately 1200' of trail was built on District land. Two suspects were contacted by county rangers as they exited a freshly constructed section of trail. D. Danielson. Oct. 26: K. Miller observed a woman with three dogs off leash in Windy Hill OSP. The visitor refused to stay when advised a citation would be issued. A San Mateo deputy was requested. Miller stopped the visitor again in the parking lot and the deputy arrived to assist. A citation was issued for "dog off leash." Oct. 26: Three cyclists fled when a ranger attempted to contact them for after hours riding in Long Ridge OSP. The ranger was able to chase and stop one person, who was cited. The other two were stopped by a second ranger off site but positive identification could not be made, so they were released with a warning. A hiker was also contacted about after-hours violations. He cooperated and was released with a warning. B. Malone, P. Hearin. Oct. 30: On Hwy 35 one-quarter mile south of the Skyline Preserve entrance a fatality motorcycle vs. automobile accident occurred. M. Ken was first on scene and other District staff assisted. Vandalism Incidents: Oct. 2: Portable toilet was tipped over in Sierra Azul. Oct. 10: A barrier was knocked down and a gate chain cut at Sierra Azul OSP. See above. Oct. 10: A district gate was vandalized in the Mt. Umunhum area of Sierra Azul OSP. Oct. 12: A private property ahead sign was removed and thrown in the brush in the Cathedral Oaks area of Sierra Azul. Oct. 23: The mapboard plexiglass was vandalized in Sierra Azul OSP. A large hole was found in the center of the glass and a fire danger sign was missing. Oct. 24: A wire fence and T-post were pulled out from the side of the gate at the water system on a trail in El Corte de Madera OSP. Oct. 26: A metal rules and regulations sign was defaced with a marker at Picchetti Ranch. Regional Open loace s 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER O ICE MEMORANDUM TO: C. Britton, General Manager FROM: I Escobar, Assistant General Manager/Operations Manager DATE: December 3, 1999 SUBJECT: Pelican Timber Management Agreement near Sierra Azul Open Space Preserve On December 2, 1999 Peninsula Open Space Trust(POST) closed escrow on the subject property and the property management obligation for this 500-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of November 17, 1999. DEDICATION CHART INFORMATION Dedication Hoard status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Sierra Azut Mt. POST(Pelican 11/17/99 12/2/99 n/a 500 n/a Property Management Umunhum Timber) Agmt with POST cc: Board of Directors D. Dolan Operations Accounting Planning H:\CRAIGIPchcan Timber Closing Memo.wpd 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosdrropenspace.org • Web site:www.openspac:e.org Roard of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette tlanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton Midpeninsul! Regional OpenlillSpace District LOS GATOS e _e i i -♦ 1 z: �a �'"�� 4 q' SIERRA AZUL ���� � ��, OPEN SPACE PRESERVE 17 e W R0 R �v x e m Q e � e e 2 GPM- Proposed Im e Ridge Trall f2 PELICAN TIMBER.... SOQ UEL!OEMONSTRA TION STATE:FOREST j Public Trails �j THE FOREST'OF NISENE MARKS Public Trails STATE PARK SANTA CRUZ •. Public Parking not t0 scale ..zL w"e Management of POST Lands - Loma Prieta Property MEETING SUMMARY BEAR CREEK REDWOODS OPEN SPACE PRESERVE INFORMAL INFORMATION-SHARING MEETING Where: Presentation Center, 19480 Bear Creek Road When: Saturday, December 4 from 10:00 a.m. to 12:00 noon Approximately 25 people attended in addition to District representatives. Topics covered on the agenda included: ■ Sister Patricia Marie Mulpeters of Presentation Center welcomed attendees ■ Asst. G.M. John Escobar Provided general info about the Open Space District 1 . Thanked Presentation Center, introduced Board members (Pete Siemens, Mary Davey, and Betsy Crowder) and staff (Admin. Staff Del Woods, Randy Anderson, Tom Fischer and Doug Vu; Field staff, John Nicholas, Tom Lausten, and Kerry Carlson) 2. Reviewed agenda and process 3. Reviewed basic District info: an independent special district under state resources code sec. 5500. Formed by voter initiative in 1972 in northwestern S.C. Co., extended 1976 to southeastern S.M. Co. Seven elected Board members representing wards of equal population. Use very small portion of property tax assessment to buy and maintain open space. Approx. $11 million annual budget; 1 /2 for operation, 1 /2 for debt service on prior land purchase. 4. District Board typically meets in Los Altos on 2"d and 4'7 Weds. eves; can subscribe to agenda, packet, or review on web site. ■ Del Woods - Senior Acquisition Planner, reviewed status of ownershir), funding, and, management responsibility 1 . District & POST ownership/ District management: Peninsula Open Space Trust (private) owns 805 acre upper site, District is managing. District owns and manages 260 acre lower site (see attached map). 2. Reviewed funding sources for purchase, including Coastal Conservancy funding, and Friends gift. ■ John Escobar described interim management arrangements for the site 1 . Basic patrol and maintenance activities - have maintenance and construction crew and patrol staff. Patrol rangers are peace officers, but are not armed - depend on Sheriff's Deputies to deal w/ potentially violent situations. 2. Site is managed from the District's Foothills Field Office in Los Altos Hills. 3. Have caretaker arrangement w/ nearby resident. Hope to establish employee residence on site. 4. Provided info on contacts (see attached handout) • John Escobar described interim permit access 1 . Limited, controlled, and accountable access. At this stage will include hiking and equestrian use only - no bikes or dogs. 2. "Neighbor" permits' do not include parking, anticipate issuing about 30, good for 6 mos. 3. Equestrian permits for trailer parking at the stables - up to 2 per day 4. Parking permits for day use - up to 20 cars per day 5. Permits for stable tenants and guests, up to 12 horses at any one time. 6. Hope that permittees will assist w/ monitoring and information gathering 7. Expect to start permit system in January ■ Del Woods reviewed status of current facilities and activities on the site 1 . Ongoing logging operation - Big Creek Lumber owns right to log one time over entire upper property, completed an area in the northeastern corner this past summer. Did a responsible and sensitive job. All logging requires review and approval by Ca, Dept. of Forestry 2. Stable operations are continuing under a new interim rental agreement on District Bd. agenda Dec. 15. 3. Are at least two complicated water systems on site (need info from neighbors) ■ Randy Anderson, Planning Manager, reviewed current Planning status 1 . Former college building condition is poor; are not actively soliciting use proposals at this time, but would entertain proposals, (such as California Conservation Corps, which has expressed interest in using facility) 2. Any use would need to address code concerns, would need to be compatible w/ open space use, and would need to go through careful public review and approval process. 3. Minor building demos and clean-ups are slated for an old, vandalized house, trailer, and shed on the lower property, and a few small sheds on the upper property. 4. Staff has fenced the boundaries and installed gates, and the college building complex has also been fenced. The college complex is closed to all entry and the stable area is entry by permission of stable operators. 5. Working w/ Co, for approval of interim caretaker/employee modular home near the college building complex. ■ Bandy Anderson reviewed process for future master planning of the site 1 . Master planning must fit into overall District priorities and schedule - probably are 2 to 5 years away. 2. Starts with thorough baseline resource inventory and includes a full public participation process. 3. District is initiating a resource inventory, leading to a master plan, for the 1 5,000-acre Sierra Azul preserve on the east side of Lexington. Will serve as a model for how Bear Creek Redwoods and other preserves will be planned. 4. Maintaining a list of interested persons for notification about Bear Creek Redwoods actions, or the Sierra Azul Plan ■ Questions, comments, and information from attendees occupied about 30 minutes of the meetinci, covering the general subjects outlined above Midpeninsula Regional Open Space District ST.IOtiCI'li'ti fill l ()1'CN til'A(f I'RftitN\'I C(1til ily,Park .U200 laou f,MROSI) v NII l oofl _ Sycamore, (Santa Clara-Co.) ! OAOD Lexington Reservoir Sierra Azul tea„\k f County Park Olen Space Preserve 1800 \ \ 260-ACRE �., LOWER PROPERTY 2000 � 1400 1200 .. . . 2400 805-ACRE ! goad UPPER PROPERTY 22002200 \ +`C o Sierra Aiul ` Open'Space Pieserve 00 17 MEETING LOCATION PRESENTATION CENTER Q (see map on reverse) I 20006-1 , l 1800 " 11.11 .1 .2 A .4 .5 .b .7 One Mile LOCATION MAP: 13EAR CREFK REDWOODS OPEN SPACE PRFSERVF 7w9 Regional Ope- Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MROSD Contacts u tect Contact Voice Phone FAX E-Mail Site Issues & IFAX*E ai, -M -------------- ffice M OS, Foothills Ranger Office 650-691-2165 650-988-9- MROSD@openspace.org Ills _ -34 MROSDgopenspace.org 650-691-1200 Permits Kathleen Hart P"r 650-691-0485 khart@openspace org I ext. 512 Future Plans for 650-691-1200 Randy Anderson BC.R Open Space 650-691-0485 randerson@openspace.c,,- I ext. 530 General Questions District Administrative 650-691-1200 650-691-0485 Office 24 HOUR RANGER 6SO-968 4411 DISPATCH EMERGENCY 911 Yes, pleas.- a me to the Sea,, Creek Red�vvoods Open Space Preserve mal;!i,ng liST* INIIA M E.. A-'-')DRESS: 0 Ty, STATE: ZIP CODE: T- --�EPHONE: 1 C M LE N 22 1 4 INTEROFFICE MEMORANDUM Dec. 12, 1999 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month November Year 1999 VIOLATIONS TOTALS CITES CRIMES TOTALS CITES Bicycles Burglary 2 0 Closed area 1 1 Attempted theft 1 0 Speed 1 1 Helmet 0 0 Night-riding 4 3 ACCIDENTS/INCIDENTS Unsafe operation 0 0 Bicycle 1 Dogs Equestrian 0 Prohibited area 7 2 Hiking/running 0 Off-leash 5 3 Other first-aid 0 Off-road vehicles 0 0 Search & rescue 1 Closed area 2 1 After hours 2 0 Fishing 1 1 ENFORCEMENT Vandalism 6 0 Citations 39 Parking 23 21 Written warnings 42 Parking after hours 15 3 Arrests 0 Dumping/littering 0 0 Police assistance 0 Campfires 0 0 Camping 0 0 Weapons MUTUAL AID Actual contact 1 0 Accidents 1 Report only 0 0 Law Enforcement 1 Evidence of 0 0 Landing Zone 0 Golfing 3 0 Photography w/out permit 1 0 Off-road skateboards 7 0 Damage to vegetation 1 0 Damage to road 1 0 Unlawful maintenance 1 0 SUMMARIES OF SIGNIFICANT INCIDENTS Oct. 30: A group of seven mountain skateboarders were contacted at El Corte de Madera. Members stated they were professional riders looking for a place to train. Three members of the group received written warnings. B. Downing. Nov. 1: A burglary from the red barn at La Honda Creek OSP resulted in the loss of about $550 worth of lumber and hardware. Nov. 13: A child missing for over one hour, last seen at Deer Hollow Farm, was reported to T. Lausten. Additional District and county rangers, and the Sheriff's Department were requested to help conduct an initial search. The child was found in good condition, approximately one hour after she was reported missing. She was reunited with her parents. K. Miller, B. Downing, and D. Danielson assisted. Nov. 13: T. Lausten observed a visitor fishing in a closed area at Bear Creek. He was cited for fishing without a license and warned for being in a closed area. The individual was on probation and is a registered sex offender. Nov. 21 A bicyclist entered a closed area known as "Cheap Sunglasses" at El Corte de Madera. At the time a Hillcrest juvenile work crew was in the process of restoring the area. The ranger supervising the crew was out-of-view and heard the cyclist say "This trail is blown up. I'm going to ride it anyway." When the cyclist saw tools on the side of the trail he said, "Hey, I scored," and attempted to steal the tools. When the cyclist became aware of the ranger the cyclist fled. B. Downing. Nov. 22 Two visitors who were arguing with a third visitor flagged down T. Randall in Lexington County Park. It was determined that the third man had stolen some items from the other two. A Santa Clara County deputy and ranger were requested. California Highway Patrol officers also responded to the call. The deputy issued a citation for petty theft. Nov. 24 A side door at the annex at Ranch San Antonio was discovered unlocked and N. Parks observed pry marks on the outside of the door and frame. P. Hearin responded and the building was checked. There was nothing stolen and no evidence that any other doors had been pried. The building was secured. Nov. 25: A cyclist was issued a citation for riding on an illegal trail at El Corte de Madera near the Leaf Trail/Virginia Mill trail junction. He stated, "This trail is one of the best technical trails around, now that most of the good ones are closed." He also said, "I guess it's no use to run." B. Downing. Nov. 26: Maintenance on an illegal trail that had been closed at Pulgas Ridge occurred. K. Miller noticed that approximately ten pieces of brush had been cut. He did not find anyone on the trail. Nov. 26: A bicyclist who was riding downhill at excessive speed crashed when he attempted to miss a District patrol truck on a blind corner in Fremont Older. K. Miller estimated the cyclist's speed at 15 mph. The cyclist sustained minor injuries and refused care from Santa Clara County Fire. The bicyclist was cited for excessive speed. T. Lausten assisted. Nov. 27: A bicyclist was cited for entering a closed area at El Corte de Madera. He left his bicycle at the top of a restored area known as "Cheap Sunglasses" and walked past a "closed-not-a-trail" sign. This cyclist has stated in public meetings that he had been entering closed areas. He has previously received a verbal warning by the issuing ranger not to enter closed areas. Vandalism Incidents: Nov. 6: Two T-posts were broken at the bottom of Cheap Sunglasses Trail at El Corte de Madera. Nov. 14: The chemical toilet at Sierra Azul was tipped over by; unbolting the tie down cables. Nov. 22: The restroom interior wall at Lower Windy Hill was tagged with a blue felt pen. Nov. 23: A handicapped parking sticker was removed from a carsonite marker at Fremont Older. Nov. 25: A wildland sign post was cut in two at a gate for the Stonebrook entrance at RSA and the upper portion with the sign was missing. All other signs attached to the gate and style were also removed. Fresh vehicle tracks were observed on the road outside the gate. 0/44L., /71/41 Alin THE pAi.(3 PILTO EPRESENTATNF ON THE BOARD OF THE MROSD HO`V\rEVER I AM HER/ TnNIGHT TO SHARE MY PERSONAL OPINIONS ON THE DRAFT 1) THE ACADEINIIC GROWTH BOUNDARY: Since foothill lams in Stanford ownership in Santa Clara Co. are in the legal sphere of Influence of Palo Alto, the county should recognize the city's Urban Growth Boundary as the logical growth boundary for Stanford. And it should be renamed to Academic/ Urban Growth Boundary. it should extend south from Page. Mill Rd. along Foothill Expressway to Arastradero Rd. following Palo Alto's Urban Service Area Boundary otherwise called the Urban Growth Boundary in the Comprehensive Plan } and which serves as the western edge of the Stanford Industrial Park. The Land Use Map page 22 , does nd"reflect this boundary of the Industrial Park, whereas the text in the brochure .-)n school sites does (on pageA Zi So my conclusirn is that the text is accurate and the map is not. 2.) Al1��P�roposed development of lands outside the boundary should require full public scrutiny and not be automatically included under a general use permit. Under current county regulations, development of projects up to and in- cluding 5,000 gsf can proceed without a use permit. Four of such individual. projects were outlined by Stanford as possible in the next ter. years ( Stanford's first draft page fx) . I believe these units were separate protects from Car- negy proposal. Even cornparab%l.y small and individual projects , especially if located in close proximity to one another, or on ridges , could destroy what otherwise would be the scenic beauty we are anxious to preserve. Historically the Industrial Park was devel�ed on a larger scale in what could become a similar pattern--- A 4-lot divisions needed approval only by the Palo Alto Planning Director, and never came to the Planning Commission Council, and public until after the fact. This proceedure was halted by the city council in the 70s . Although a little late for Palo Alto; the county could learn from this. *—'I . ) Zo" .aLnI.. As to the zoning, for these unincorporated lands; the county should look first at Palo Alto 's A-C zone as a starting point. This zoning now applies to Coyote Hill and adjoining incorporated lands in Palo Alto. 4. ) In Conclusion, archeological sites should be protected under Stanford's proposed Land Use Plan Designat°on. . . Special Conservation. And pro- tection of these sites be included under the definition. axias, 1%611 Wotze4lv, Wa-mko 46SO-- f40 - 07 Q 6 le S"h OoW+-As4,.f 00t� in M c- pf"�O# Ck. Qk,"7�J r9rti w7- zori.'rs.P► Regional Ope, space JMIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 6, 1999 Board of Supervisors VIA FACSIMILE Santa Clara County (408) 298-8460 70 West Heddina Street 0 San Jose, CA 95110 Re: Proposed elimination of Zoning Ordinance Article 29 -bd (Bay Drylands Combining Zone) Honorable Members of the Board of Supervisors: At your December 7, 1999 meeting you will consider the Planning Commission's recommendation to eliminate Zonino, Ordinance Article 29 -bd (Bay Drylands Combining Zone), and delete this zoning designation for 28 lots, comprising 1782 acres. On behalf of the Midpeninsula Regional Open Space, I urge you to retain this zoning designation because it provides some potentially important environmental protections. On October 6, 1999 the District wrote the attached letter to the County Planning Office objecting to the elimination of the Bay Drylands combining district. Our October 6 letter was provided to the h today's Through Planning Commission for their discussions. Z, -- letter we would like to reiterate these concerns. The fact that Bay Drylands constitute a relatively small area underscores their sensitivity and further supports their protection. Although there has been no recent proposals for their development. we believe the incredible growth pressures being experienced in this region will make such proposals inevitable. Eliminating, the Bay Drylands zoning designation will eliminate the statement of intent contained in Article 29 "to protect recreation values, scientific and educational resources, scenic features, open space, wildlife, the baylands ecology and to protect persons and property from the effects of inundation or earthquake". These intents are not convened by the underlying Agricultural zoning designation. Although these objectives can also be found in the General Plan, including them in the more specific zoning designation will reinforce them. Elimination of the Bay Drylands Combining District will eliminate the automatic requirement for Site and Design Review, which is appropriate for these sensitive sites. I W D1,1 el Circle' * Lt- \Ito,,, CA ')')-1404 • i`^<)nc: 650-W-H-1200 0-W-Wil-04"1-) * E-mail H,!— "der, C \Itz Board of Supervisors Santa Clara County December 6, 1999 Page 2 Although, for non-federal lands, environmental study required under CEQA may provide the opportunity to address the issues raised under the intent clause of Article 29, our experience is that such environmental findings often hinge on factors such as consistency with local zoning. CEQA cannot be depended on to provide absolute protection, even with such clear statements of intent. Although much of this area is federal land at Moffett Field, and is thus exempt from local regulation, the government has turned the property over to NASA, which in turn could lease or sell it to private companies who would be subject to local regulation. Also, federal agencies are subject to the National Environmental Policy Act (NEPA) which requires consideration of consistency with local policy. In summary, we believe that eliminating the Bay Drylands Combining District eliminates several potentially critical types of land use protections, while retaining- it causes no direct impact on County staff or finances. Sincerely, L. Cr g ritton General Manager LCB: ra Attachment cc: Board of Directors Hugh Graham, Senior Planner Regional Open -,)ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 6, 1999 County of Santa Clara Planning Office VIA FACSIMILE 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. i 330 Distel Circle - Los Altos. CA 94022-1.304 - Phone: 650-691-1200 F\\ 650-691-048-) - E-mail mrosd0aopenspace.org - Web site: www,openspace.org 0,ir,t tor, At,iry C. Dx..ev )ed C%r. D("Ine Little "onette Hanko Bets, C-•tn%der,Kenneth C. Nitz - Gpner.al 4Ltn,t, Qr:L Britton J 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 pV� 7 Linda Cohen, LMFT and Roger Allen, Licensed Contractor 935 SCOTT ST.; PALO ALTO,CA 94301 Phone/Fax: 650.327.6757 Email: calnative@att.net 12/15/99 Board Members Midpeninsula Regional Open Space District 330 Distel Circle; Los Altos, Ca 94022 RE: DISIGNATING STANFORD FOOTHILLS AS OPEN SPACE Dear Board Members; We are writing to convey our hopes that you will take a united stand in favor of Stanford University designating the foothills west of Tunipero Serra Blvd. as Permanent Open Space. Also, that it be accessible to the public, daily with parking. And after that protective measures put in place to enhance its appropriate use. We write as CA natives - Linda has lived here 20 years and Rod 52 years. We will try to be brief. The above open space area is currently being used by thousands of citizens each month. It provides a source of restoration for all its users - human and otherwise. It is perceived by the community as a constant resource and its loss or its inaccessibility would be enormously grieved by its visitors (to us it would be tragic). We would venture to say that this open space area (outside of Rancho San Antonio) gets visited by more people, more often than the other MROSD preserves. Perhaps, partly because of proximity and travel constraints (due to increasing congestion). We're sure you know Stanford's original mission and how it has changed into a huge institution of many facets; and that is has added 2 million sq. feet of development in the last 10 years and wants to add over 4 million more in the next ten years (within Santa Clara County's jurisdiction)- this will include encroachment into the foothills. This has and will grossly burden the neighboring cities' infrastructures and has added enormous amounts of congestion and density into our neighborhoods and business districts (not to mention the use of a scarce resource - water). Stanford recently constructed a reservoir in the foothills to supply 3 days worth of water for its inhabitants. How many more will it need to dig?? It is really mind-numbing that Stanford's Board of Directors can not find its way clear to donate these hills for permanent open space considering the need for it in the wake of its pervasive expansion. It currently has owns over 6000 acres of undeveloped land. If it truly wants to be a great institution, it will participate with the spirit of our humanistic ideals that our County advocates and let us have what we already use-without the threat of losing it - this invaluable and irreplaceable resource. 0 We really do not have enough open space now. Like Native American's, can't we BE WISE and think of the next seven generations? We want Stanford to understand it does not live in a vacuum unlike the rest of us. Stanford Management recently won the right from Palo Alto to develop an inner city open space area (Ohlone Field); add on to the Shopping Center including parking garages; widen its roads; and develop income property; etc. This is in addition to the county land development. Now that that is said and done, it is asking the County to prohibit parking on Stanford Ave. which would restrict public access to the hills and they say they are not going to provide any other parking to take its place. The most important thing that this open space does is nurture, nourish, comfort and heal the people of this area. It is like a hospital as it gives us the medicine we need to de-stress and restore ourselves into good health and well-being. There is no way to quantify the benefits, but we KNOW they exist and that its preservation and access adds years to our lives. Additionally, it increases the quality of our lives. These benefits are timeless. Please let the county planning commission, the supervisors and Stanford's Board of Directors know that you insist that these foothills be permanently preserved for the community at large to use on a daily basis. I Sincere , Linda S. Cohen, LMFT and Rod Allen, Preservation Licensed Contractor cc: Stanford Board of Directors