HomeMy Public PortalAbout20000510 - Agendas Packet - Board of Directors (BOD) - 00-11 i
Regional
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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Meeting g 00 11
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SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday, May 10, 2000
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.
1. Conference with Real Property Negotiator - Government Code Section 54956.8
Real Property - Santa Clara County Assessor's Parcel Numbers 517-16-009, 510-27-0334,
and 510-28-012
Agency Negotiators - Craig Britton and Susan Schectman
Negotiating Parties -Wallace Krone and William Bishop
Under Negotiations - Instructions to negotiator will concern price and terms of payment
2. Public Employment - Government Code Section 54957
Public Employee Performance Evaluation - General Manager
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-K.Nitz
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*** WRITTEN COMMN[UNICATIONS
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**** APPROVAL OF MINUTES
• April 12, 20W
3.30 Distel Circle a Los Altos, CA 94022-1404 Phone: 650-691-1200
FAX:650-691-0485 m E-mail: mrosd@openspace.org Web site:www.openspace.org
Board of Oirectors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz - General AMnaget L.Craig Britton
Meeting 00-11 Page 2
BOARD BUSINESS
7:35 1 Approval of Proposed Mitigated Negative Declaration and Mitigation Monitoring Program in
Accordance with California Environmental Quality Act; Approval of Purchase Agreement for
the Proposed Addition of Krone and Bishop (Trustees U.T.A.) Property to the El Sereno Open
Space Preserve; and Approval of Agreement with Adjacent Signatory Landowners for Release
from Obligations Relating to Certain Easements; Tentatively Adopt the Preliminary Use and
Management Plan Recommendations Contained in the Report, including Naming the Property
as an Addition to the El Sereno Open Space Preserve; Indicate Your Intention to Dedicate
Approximately 258 Acres of the Property as Public Open Space at This Time and to Withhold
Approximately One Acre of the Property to Allow for Possible Transfer of Ownership to the
San Jose Water Company - C. Britton
7:50 2 Acceptance of Gift of Zion Lutheran Property as an Addition to the Mt. Umunhum Area of
Sierra Azul Open Space Preserve; Determine that the Recommended Actions as Set Out in the
Report are Categorically Exempt from the California Environmental Quality Act; Adopt the
Resolution Accepting the Gift of Zion Lutheran Church Property; Tentatively Adopt the
Preliminary Use and Management Plan Recommendations Contained in the Report, Including
Naming the Property as an Addition to the Mt. Umunhum Area of Sierra Azul Open Space
Preserve; Indicate Your Intention to Withhold the Property from Dedication as Public Open
Space at This Time - M. Williams
8:05 3 Agreement with Santa Clara County Fire Department to Conduct a Controlled Bum on the
Rancho de Guadalupe Portion of the Sierra Azul Open Space Preserve; Determine that the
Recommended Actions as Set Out in the Report are Categorically Exempt Under the California
Environmental Quality Act; Authorize the General Manager to Execute the Attached Permit to
Enter for the Purpose of Allowing the Santa Clara County Fire Department to Conduct a
Controlled Bum on the Rancho de Guadalupe Portion of the Sierra Azul Open Space Preserve-
G. Baillie
*** 4 Approval of Revisions to the Personnel Policies and Procedures Manual; Adopt the Revisions
to the Personnel Policies and Procedures Manual Retroactive to April 1, 2000 -D. Dolan
*** 5 Adoption of Resolutions to Contract for Coverage Under the Public Employees' Medical and
Hospital Care Act, Fix the Employer's Contribution at$50.00 Per Month, and Provide Benefits
to Domestic Partner's of Employees and Annuitants - D. Dolan
*** REVISED CLAIMS
INFORMATIONAL REPORTS - Brief reports or announcements concerning pertinent activities of District
Directors and Staff.
CLOSED SESSION CONTINUED or necessary)
8:45 ADJOURNMENT
Meeting 00-11 Page 3
* 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 from the
Consent Calendar during consideration of the Consent Calendar.
Regional Open " ice
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
April 21, 2000
Mr. Dan Bernstein
P.O. Box 1236
El Granada, CA 94018
Dear Mr. Bernstein:
I am writing on behalf of the Board of Directors in response to your April 17 fax regarding the
minutes of Board Meeting 00-02. The District's Volunteer Trail Patrol collected information on
dog activity in Windy Hill Open Space Preserve through two consecutive studies, a 1997-98
Trail Census during which all dog activity was monitored, and a 1998-99 Trail Patrol project that
focused on compliance with leash regulations. As you indicated, results of the 1997-98 Trail
Census show that 68 percent of the dogs observed at Windy Hill were on leash, while the 1998-
99 Trail Patrol Report shows 62% compliance with the leash regulations.
Thank you for bringing this matter to our attention, and we will correct our minutes accordingly.
Sincerely,
Kenneth C. Nitz,
President,
Board of Directors
cc: MROSD Board of Directors
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330 Distel Circle . Los altos, CA 94022-1404 Phone:6.50-691-1200
F,-VX: 650-691-0485 . E-mail mrosciaopenspace.org Web site:www.openspace.org
f r,rd u/t�rrc'rn1r..Pete Swrle,, Marv('_�a�ec, ted Cyr, C7eane Little, Nt'mette Hankc,, Bet, Crowder, Kenneth('.Nitz • t;c�ner<�l��lan,i er:L.Craig f3ritto n
APR-17-00 11 :57 AM PADS 650-712*0934 P. 01
V a so V0
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Felflitsule Access for Dags
To: MROSD Board of Directors
(via Fax)
From. Dan Bernstein
POS 1236
El Granada, CA.
94018
Date: April 17, 2000
Re: Minutes of 00-02 Board Meeting
Dear Board Members,
I recently had an opportunity to review the minutes from the 00-02 Board
Meeting and found an apparent error on agenda item 012 (the permitted trail
users on the now Sausal Pond trail). Specifically, the minutes report that Director
Crowder stated that "there is only 30% dog leash use". I believe that this is
incorrect.
As an active member of PADS who has worked very closely With the
District on dog access issues-especially in the Windy Hill preserve - it is my
understanding that the District's data indicates that the approximately 60 -70%of
all the dogs at Windy Hill are on leash, The data I am referring to is based an two
year long surveys the District conducted in 1998 and 1999.
Respectfully,
Dan Bernstein
PADS
Regional Open ice
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MI DPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-08
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
April 12, 2000
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Ken Nitz called the meeting to order at 6:31 P.M.
Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Betsy Crowder, and
Deane Little.
Members Absent: Peter Siemens
Staff Present: Craig Britton, Sue Schectman, and Mike Williams ams
H. CLOSED SESSION
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:31 P.M. and the Closed Session commenced at
6:31 P.M. The Board concluded the Closed Session at 7:32 P.M.
REGULAR MEETING
M. K. Nitz noted that no reportable action had taken place in Closed Session, and called the
Regular Meeting to order at 7:35 P.M.
Additional Staff Present: Deirdre Dolan, Randy Anderson, and Del Woods.
IV. ORAL COMMUNICATIONS
Skip McIntyre, 444 Castro, Mountain View, Thoits Insurance, answered questions
regarding the insurance report presented at the previous meeting. He said liability
insurance is the driver for costs. Those costs went up about 8% last year and a much
330 Distel Circle # Los Altos, CA 94022-1404 Phone:650-691-1200
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FAX:650-691-048�> « E-mail:mrosdQo ens�ace.or . Web site:www.o yens ace.or
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Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette. Hanko,Betsy Crowder,Kenneth C. Nitz - Gener,d Manager:L.Craig Britton
Meeting 00-08 Page 2
smaller amount this year. The claim history continues to be good. He said ten insurance
companies were contacted to make quotations.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. B. Crowder seconded the
motion. The motion passed 6 to 0.
VI. APPROVAL OF MINUTES
January 26, 2000
Page 2 -The correction of the January 12 minutes, page 4—paragraph 2, sentence 11, should
read, " . . . which is different from an urban service area boundary (instead of urban
service boundary area).
Februga 9. 2000
Page 2 -Agenda Item 1, last paragraph—Peter Marchi (not Markey).
February 23, 2000
Page 2 — Agenda Item 1, second paragraph first sentence, should read, getting new
tenants at the same rate for half the square footage."
Page 3 — Agenda Item 2, first paragraph, fifth sentence, should read, might frighten a
few people away, and therefore could be a deterrent to visitors coming to the preserves."
VII. ADOPTION OF CONSENT CALENDAR
N. Hanko removed the minutes of the January 26, 2000 Special and Regular Meetings; the
February 9, 2000 Special and Regular Meetings; the February 23, 2000 Regular and
Special Meetings. J. Cyr and K. Nitz removed agenda item 4, Authorization to Solicit Bids
for the Demolition of 14 Minor Structures at Bear Creek Redwoods Open Snare Preserve•
Authorize Staff to Solicit Bids to Remove 14 Minor Structures at Bear Creek R edwoods
Qpgn Space Preserve and Restore the Sites to a Natural Condition.
Motion: B. Crowder moved that the Board adopt the Consent Calendar, including the
March 8, 2000 Minutes; and the Minutes as amended above of January 26,
2000, February 9, 2000, and February 23, 2000, and the Revised Claims
00-07. J. Cyr seconded the motion. The motion passed 6 to 0.
Meeting 00-08 Page 3
VM. SPECIAL ORDER OF THE DAY
C. Britton introduced a resolution in support of Earth Day, 2000, noting that the District
would be participating in Earth Day events in Half Moon Bay, as well as promoting
California Trail Days projects through the volunteer program.
Motion: J. Cyr moved that the Board adopt Resolution No. 00-17, Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Supporting Earth Day 2000, its Affiliated Events and Festivals, and the
Individuals and Organizations Active in Pursuing the Goals of a Cleaner,
Safer, and Sustainable Environment. N. Hanko seconded the motion. The
motion passed 6 to 0.
]EX. BOARD BUSINESS
A. Agenda Item No. 1 - Proposed Addition of Benedetti RLQRgM to Pulgas Ridge
Oven Space Preserve: Determine that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act (CEOA) as Set Out in the
E=rt: Adopt the Resolution Authorizing the Purchase of the Benedetti PLqWM:
Tentatively Adopt the Preliminary Use and Management Plan Recommendations
Contained in the Report, Including Naming the Proms as an Addition to Pulp-as
Ridge 01&n Space Preserve. Indicate Your Intention to Dedicate the PLQWr-ty as
Public Open Space - (Report R-00-461.
C. Britton provided background information and noted the changes that had taken
place in the preserve over the years.
R. Anderson located the property on a map and showed slides. He talked about
possible trail connections and reviewed the Use and Management recommendations.
M. Williams outlined the terms and conditions of the purchase, noting that the price
was below the fair market appraisal.
J. Cyr commented on the designation as a conservation management unit, stating he
thought that was a wise approach. He asked about potential costs beyond the
purchase price. R. Anderson said the District would encourage the city to require
the developer to correct the sewer line and would not be doing any actual design or
physical work. C. Britton noted that the corrections were the easement holder's and
were not the District's responsibility. S. Schectman cautioned that it was prudent to
assume that if the developer was not responsible and did not step in, it was
conceivable the District might have to make the correction and seek
reimbursement.
J. Cyr said he appreciated acknowledgment of the map technician in the staff report.
Meeting 00-08 Page 4
Regarding the easement shown near one of the houses, C. Britton said this was a
five-lot subdivision and the easement was offered to the District as a trail easement,
but the District has not yet accepted it. He referred to the open space parcel shown
on the map, stating that as part of the subdivision it was dedicated to open space but
it was sold in the market. He said staff would be getting more information on it,
since staff would like to own it and see it preserved as open space. M. Williams
said the open space parcel only shows up on the record of survey, not on any of the
required documents. Staff will be following up on that, and anything they find will
come back to the Board.
N. Hanko commented she was very glad to see Ms. Hartnett at the meeting, and
acknowledged her contributions to preserving the parcel.
Celia Hartnett, 3443 Brittan Avenue, San Carlos, expressed gratitude and
admiration to the District, and said the work they do is a gift to the people who live
in the area. Since the 1970s, she had felt that the Benedetti property was essential
to the viability of Pulgas Ridge. She said she had documents, including aerial
photographs, which she would give to the District. She said she would continue to
help in any way she could. In regard to the sewer line, she said it already has
affected the District's property, and something more permanent needed to be done.
She said the city is aware of the problem. The subdivision property was annexed to
the City of San Carlos.
C. Britton said staff had sent notification of the purchase to neighbors, as well as
Dick Bishop, former Board member from that area when the District bought Pulgas
Ridge; and Herb Grench, former general manager of the District.
Lennie Roberts, Portola Valley, speaking for Committee For Green Foothills,
talked about the history of the property. She said it had been a high priority for
acquisition for years. She noted that one other benefit of the property that might
not be as obvious is that it is the headwaters for Cordilleras Creek.
Motion: J. Cyr moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality
Act (CEQA) as set out in the staff report; adopt Resolution No. 00-
18 Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance of the Purchase
Agreement, Authorizing Officer to Execute Certificate of Acceptance
of Grant to District, and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to Closing
of the Transaction (Pulgas Ridge Open Space Preserve - Lands of
Meeting 00-08 Page 5
Benedetti, et al.). N. Hanko seconded the motion. The motion
passed 6 to 0.
B. Agenda Item No. 2 - Proposed Acquisition and Addition of the Quam PropgM to
Russian Ridge Open Space Preserve: Determine that the Recommended Actions aze
-Categorically Exempt from the California Environmental_Quality Act as Set Out in
the Report; Adopt the Resolution Authorizing the Purchase of the Ouam Propgy:
Tentatively Adopt the Preliminary Use and Management Plan Recommendations
Contained in the Report, Including Naming the Propgrty as an Addition to Russian
Ridge Open Space Preserve; Indicate Your Intention to Dedicate the Propga as
Public Open Space-(Report R-00-45).
M. Williams showed the property on a map and noted that the house is a little under
1,500 square feet, not 1,750 as indicated in the report. He outlined the Use and
Management recommendations and the terms of the acquisition. He said the
District had been given an opportunity to acquire the property before it was listed
on the open market because Ellie Bullis brought the listing to them. He said staff
will look into the option of only renting the part of the property with the residence,
not the stable area. C. Britton said there are some management positions open, so
staff might hold this property open for interim housing for new employees. M.
Williams described the private inholdings near the property.
D. Woods showed a possible extension of Alder Springs Trail, and said they would
be looking at it in the long term. He also showed the alignment of the Ridge Trail
in the area and slides of the property.
C. Britton said the property had been well cared for and he was impressed with the
siting of the house.
J. Cyr said this property cost $11,000 an acre including house and barn. D. Little
commented that this preserve was the most beautiful he had seen anywhere.
Motion: B. Crowder moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act as set out in the staff report; adopt Resolution No. 00-19,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance of the Purchase
Agreement, Authorizing Officer to Execute Certificate of Acceptance
of Grant to District, and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to Closing
of the Transaction (Russian Ridge Open Space Preserve - Lands of
Quam). N. Hanko seconded the motion. The motion passed 6 to 0.
Meeting 00-08 Page fi
C. Agenda Item No. 3 - Proposed Addition of Benson ProW�M to Kennedy Limekiln
Area of Sierra Azul Open Space Preserve; Determine that the Recommended
Actions are Cate o rically Exempt from the California Environmental Quality Act as
Set Out in the Report; Adopt the Resolution Authorizing Purchase of the Benson
Propgrty: Tentatively Adopt the Preliminary Use and Management Plan
Recommendations Contained in the E=rt, Including Naming the Benson ProR rM
as an Addition to the Kennedy Limekiln Area of Sierra Azul Q n- Space Preserve;
Indicate Your Intention to Withhold the Propgr y from Dedication as Public Open
Space at This Time - (Report R-00-48).
D. Woods showed slides of the property, noting that the vegetation is mostly scrub
oak. Most of the property's value is in terms of its wildlife habitat and watershed
protection.
M. Williams outlined the terms and conditions. He said there was one marginal
building site with electrical hook-up. The water system is spring-fed. He said the
owner had been offered a lot more for the property but wanted to see it restored to
open space. Regarding inspections, M. Williams said the fuel tank was the biggest
concern and it had passed.
Regarding historical value, C. Britton said that before the District demolishes
anything, they notify the historic society.
Motion: N. Hanko moved that the Board determine that the recommended
actions are categorically exempt fromCalifornia
Environmental
Quality Act as set out in the staff report; adopt Resolution No. 00-20,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance of the Purchase
Agreement, Authorizing Officer to Execute Certificate of Acceptance
of Grant to District, and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to Closing
of the Transaction (Sierra Azul Open Space Preserve - Lands of
Benson). D. Little seconded the motion.
Discussion: M. Williams said the comprehensive inspection would entail looking
at the property with field staff and the demolition contractor.
Vo e• The motion passed 6 to 0.
D. Agenda item 4, Authorization to Solicit Bids for the Demolition of 14 Minor
Structures at Bear Creek Redwoods Open Space Preserve; Authorize Staff to Solicit
Bids to Remove 14 Minor Structures at Bear Creek Redwoods Q= Space Preserve
and Restore the Sites to a Natural Condition - (Report R-00-47).
Meeting 00-08 Page 7
J. Cyr said he thought it would be useful to have gate numbers in the database. He
was informed that they were.
D. Woods said they had taken pictures of all the buildings proposed to be
demolished. Regarding the Radio Hill Tower, he said it was located in the general
area of the Radio Hill Cabin but was not related to the cabin. The county historical
society had done a detailed study of the entire site, and none of the structures
proposed for removal had any historic significance.
Motion: J. Cyr moved that the Board authorize staff to solicit bids to remove
14 minor structures at Bear Creek Redwood Open Space Preserve
and restore the sites to a natural condition. K. Nitz seconded the
motion. The motion passed 6 to 0.
X. INFORMATIONAL REPORTS
D. Little said he had been hiking and had discovered what looked like some,illegal clearing
on the Chamise Trail.
J. Cyr said he was planning to go next week to go see what has been done on Bear Creek
Redwoods Open Space Preserve.
B. Crowder: 1. She reported that Portola Valley bought six acres for open space for $6
million and have an option to purchase an additional three. 2. She asked if Board
Members could get copies of other Members' calendars. 3. She had information on the
Bay Area Open Space Council conference called Wilderness in Our Midst. C. Britton
asked Board Members to let him know if they wish to attend.
N. Hanko: 1. She had contacted the editor of the Half Moon Bay paper regarding the
voter turnout for Propositions 12 and 13. He will check it out. 2. Palo Alto Mayor Liz
Kniss set up a meeting to talk about the Bressler property and its acquisition by the City.
She will report back. 3. She asked those who attended the Half Moon Bay Council
meeting when the consultant spoke to let her know how the meeting turned out. She also
wanted to hear from those who attended the Mid-Coast event. 4. She had a three-hour
meeting with Patti Ciesla at Foothill Park. She said Ms. Ciesla had some interesting ideas.
She had talked to J. Escobar and the committee about them. 5. Regarding a question
about LAFCO funding, C. Britton informed her that if you are not represented on LAFCO
you don't pay. 6. The South Skyline Association newsletter had an interesting article
about wild pigs. 7. She asked C. Britton to check regarding the June meeting of the Board
mentioned in that newsletter.
M. Davey: 1. Hidden Villa was one of the highlights on the Sustainable House Tour
Saturday. There were also private homes on the tour. 2. Regarding Stanford land, the
Meeting 00-08 Page 8
Community Resources Group will meet April 20 to hear the report from County staff as to
the present situation and a preview of the EIR study. She talked about an article regarding
Stanford land in the newspaper. 3. On April 19, the Mountain View Planning Commission
will consider the possibility of building a hotel/motel complex on land next to Shoreline
Park. She and others will appear with the idea that there be some kind of eco-campus. 4.
She said the presentation in Half Moon Bay was well put together. There were questions
from the Council which she thought indicated a positive interest. There was no decision or
discussion one way or the other.
C. Britton: 1. He asked R. Anderson to unveil the new GIS wall map. R. Anderson said
it was significant that it is computer generated. He showed how they will add properties
and gave credit to Matt Freeman for bringing GIS to the District, and to Ana Ruiz and
Dennis Dart for their assistance. 2. C. Britton said that in the future the newspaper
clippings will be placed in two packages: one that has to do with the District and the other
from the Half Moon Bay Review regarding the coast side policies. 3. He had an invitation
to the mid coast party on April 15. 4. He had checked with POST on their policy
regarding benches. They informed him that benches are $5,000. $2,500 is for
construction and maintenance, and the rest goes toward their programs. He will follow up
regarding the possibility of making them of hardwood. 5. He had an invitation from
Sempervirens Fund for the April 26 open house of their remodeled office. 6. The City of
Sunnyvale State of the City is scheduled for May 6. 7. There was a memo in the material
the Board received about the July 22 recognition event. 8. He handed out maps showing
statewide voting by county on Propositions 12 and 13. The map indicated that five
counties in the state voted against Prop. 22. Proposition 26, local majority vote for schools,
was favored by most Bay Area counties, even though it failed state-wide.
S. Schectman said the Board will receive a memo summarizing activity on current litigation
and states that the MOU was ratified by Local 715 on April 6th.
R. Anderson: 1. He confirmed the date for the trail policy meeting for the full Board on
Tuesday, May 23 at 7 P.M. at the Rengstorff Center, if it is available. The next committee
meeting will be April 25.
C. Britton noted that the first round of interviews for the Public Affairs Manager position
was scheduled for April 27 and 28.
XI. ADJOURNMENT
At 9:38 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i
# Amount Name Description
1591 250.00 Aaron's Septic Tank service Sanitation Services
1592 50.00 Ace Fire Equipment & Svc Co., Inc. Fire Extinguisher Service
1593 317.05 ADT Security Services Alarm Service
1594 290.92 Alamo Lighting Light Bulbs-Distel Building
1595 625.58 All Laser Service Laser Printer Service
1596 750.00 Appraisal Research Corporation Appraisal Services
1597 56.04 Artech Laminating Lamination Supplies
1598 48.03 AT&T Telephone Service
1599 314.46 Gordon Baillie Reimbursement-Supplies
1600 128.74 Barron Park Supply Co. Field Supplies
1601 2,700.90 BNY Western Trust Company Note Paying Agent Fees-1995 Notes
1602 3,247.50 Baron Welding&Iron Works, Inc. Gates
1603 2,200.00 Judy Basich Road Agreement-Crazy Pete's Road
1604 81.84 Craig Beckman Uniform Reimbursement
1605 10.81 The Bicycle Outfitter Bike Repairs
1606 334.00 Bill's Towing&Recovery Towing Services
1607 50.00 Blue Water Divers Staff Fun Committee Event
1608 5,577.00 Louis Bordi General Engineering Road Grading
1609 105.41 Browning-Ferris Industries Sanitation Services
1610 8,673.86 BT Commercial Real Estate Leasing Commission-DC Building Tenant
1611 4,173.00 California Conservation Corps Habitat Restoration-Phase III-Pulgas Ridge
1612 80.00 CA Park&Recreation Society Recruitment Advertisement
1613 333.25 California Trails&Greenways Foundation CA Trail and Earth Day Supplies
1614 49.87 California Water Service Company Water Services
1615 40.00 *1 California Native Plant Society Restoration Workshop
1616 36.25 Carolina Biological Supply Nature Center Supplies
1617 175.81 Cellular One Cellular Phone Service
1618 632.32 Compurun Systems Computer Maintenance
1619 885.00 Construction Management and Development, Inc. Electrical Repairs-Distel Building Tenant
1620 45.47 Contemporary Engraving Name Badges
1621 75.00 Costco Wholesale Membership Membership
1622 197.58 Costco Office&Restroom Supplies
1623 199.00 Council on Education in Management Law Update Subscription
1624 30.28 CSK Auto, Inc. Vehicle Supplies
1625 2,215.03 D&M Consulting Engineers, Inc. Engineering Services
1626 65.00 Decatur Electronics, inc. Radar Certification
1627 48.55 Dennis Danielson Reimbursement--Film
1628 75.09 Design Signs Sign Supplies
1629 811.88 Diamond Cabinets, Inc. Office Equipment Materials
1630 580.70 Design Concepts Office Stationary
1631 27.28 Brendan Downing Reimbursement--Uniforms
1632 2,200.00 Durham Construction Enterprise Rental Repair
1633 43.00 Federal Express Express Mail Service
P P
1634 133.15 Silacci's Feed Barn, Inc. Gate
1635 1,269,000.00 *** First American Title Company Benedetti Acquisition
1636 1,940.00 First American Title Company Policy of Title Services
1637 3,542.00 First American Real Estate Solutions Microfiche
Pace 1
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1591 250.00 Aaron's Septic Tank service Sanitation Services
1592 50.00 Ace Fire Equipment &Svc Co., Inc. Fire Extinguisher Service
1593 317.05 ADT Security Services Alarm Service
1594 290.92 Alamo Lighting Light Bulbs-Distel Building
1595 625.58 All Laser Service Laser Printer Service
1596 750.00 Appraisal Research Corporation Appraisal Services
1597 56.04 Artech Laminating Lamination Supplies
1598 48.03 AT&T Telephone Service
1599 314.46 Gordon Baillie Reimbursement-Supplies
1600 128.74 Barron Park Supply Co. Field Supplies
1601 2,700.90 BNY Western Trust Company Note Paying Agent Fees-1995 Notes
1602 3,247.50 Baron Welding&Iron Works, Inc. Gates
1603 2,200.00 Judy Basich Road Agreement-Crazy Pete's Road
1604 81.84 Craig Beckman Uniform Reimbursement
1605 10.81 The Bicycle Outfitter Bike Repairs
1606 334.00 Bill's Towing&Recovery Towing Services
1607 50.00 Blue Water Divers Staff Fun Committee Event
1608 5,577.00 Louis Bordi General Engineering Road Grading
1609 105.41 Browning-Ferris Industries Sanitation Services
1610 8,673.86 BT Commercial Real Estate Leasing Commission-DC Building Tenant
1611 4,173.00 California Conservation Corps Habitat Restoration-Phase III-Pulgas Ridge
1612 80.00 CA Park&Recreation Society Recruitment Advertisement
1613 333.25 California Trails&Greenways Foundation CA Trail and Earth Day Supplies
1614 49.87 California Water Service Company Water Services
1615 40.00 *1 California Native Plant Society Restoration Workshop
1616 36.25 Carolina Biological Supply Nature Center Supplies
1617 175.81 Cellular One Cellular Phone Service
1618 632.32 Compurun Systems Computer Maintenance
1619 885.00 Construction Management and Development, Inc. Electrical Repairs-Distel Building Tenant
1620 45.47 Contemporary Engraving Name Badges
1621 75.00 Costco Wholesale Membership Membership
1622 197.58 Costco Office&Restroom Supplies
1623 199.00 Council on Education in Management Law Update Subscription
1624 30.28 CSK Auto, Inc. Vehicle Supplies
1625 2,215.03 D&M Consulting Engineers, Inc. Engineering Services
1626 65.00 Decatur Electronics, inc. Radar Certification
1627 48.55 Dennis Danielson Reimbursement--Film
1628 75.09 Design Signs Sign Supplies
1629 81L88 Diamond Cabinets, Inc. Office Equipment Materials
1630 580.70 Design Concepts Office Stationary
1631 27.28 Brendan Downing Reimbursement--Uniforms
1632 2,200.00 Durham Construction Enterprise Rental Repair
1633 43.00 Federal Express Express Mail Service
1634 133.15 Silacci's Feed Barn, Inc. Gate
1635 1,269,000.00 First American Title Company Benedetti Acquisition
1636 1,940.00 First American Title Company Policy of Title Services
1637 3,542.00 First American Real Estate Solutions Microfiche
Page 1
dF
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1638 953.21 Forestry Suppliers, Inc. Resource Management Tools
1639 254.85 Foster Bros. Security Systems, Inc. Door Repair and Locks
1640 71.50 Matt Freeman Vehicle Expense
1641 35.00 Alice Frost Docent Training
1642 264.35 Goodco Press Incorporated NCR Forms for Field Offices
1643 143.35 Graniterock Baserock
1644 3,370.28 GreenInfo Network Wall Map Production
1645 43.43 GTE California Utilities
1646 15.92 GTE Wireless Cellular Phone Service
1647 200.00 Gavin Hoban Map, Database and Inventory Projects
1648 5,083.42 Harbor Printing Trail Brochure Printing
1649 1,715.28 Howard Rome Martin&Ridley LLP Legal Services
1650 389.95 Jodi Isaacs Vehicle Expense/CNGA Conference
1651 336.72 Jobs Available Recruitment Advertisement
1652 35.00 Jeremy Johnson Docent Training
1653 1,154.11 Michael Johnson Office Expansion Supplies-SRO
1654 5,700.00 Tamara Kan Vegetation Map-Sierra Azul OSP
1655 322.59 Matt Ken Reimbursement--First Aid Supplies
1656 35.00 Joyce Kiefer Docent Training
1657 4.00 KMA Kings Mountain Directory
1658 231.27 Kwik Key Lock&Safe Co., Inc. Lock
1659 2,134.29 Lanier Worldwide, Inc. Copier Leases and Toner
1660 300.00 Lombardi Construction Core Drilling-SRO Office Projects
1661 246.08 Los Altos Garbage Company Sanitation Services
1662 1,516.01 Lucent Technologies Phone Leases and Telephone Sets
1663 46.52 Madco Welding Supply Co., Inc. Welding Supplies
1664 434.00 Magana's Building Maintenance Distel Building Tenant Maintenance
1665 55.67 Brian Malone Reimbursement--Office Supplies
1666 269.97 MCI Telephone Service
1667 100.00 Paul McKowan Reimbursement--Volunteer Supplies
1668 355.45 MetroMobileCommunications Radio& Light Bar Repairs
1669 421.92 Moffett Supply Company Janitorial Supplies
1670 105.55 Mountain View Garden Center Road Repair Materials
1671 1,000.00 *2 North American Title Company Acquisition Deposit
1672 9,000.00 *** North American Title Company Benson Acquisition
1673 1,039,300.00 *** North American Title Company Quam Acquisition
1674 233.99 Northern Energy, Inc. Propane Service
1675 1,031.66 Office Depot Office Supplies
1676 5,391.50 Art O'Neal &Associates Influencing Skills Training
1677 1,468.16 Pacific Bell Telephone Service
1678 3,046.96 Pacific Water Systems Enterprise Rental Tank Installation
1679 548.39 Panko Architects Distel Building Remodel Contractor
1680 10.11 Loro Paterson Reimbursement--Uniform Supplies
1681 179.26 Peninsula Blueprint Printing Services
1682 15,073.60 Petrotek SRO Diesel Tank Installation and Pad
1683 520.71 Pine Cone Lumber Co., Inc. Signboard Materials
1684 901.03 PIP Printing Printing Services
1685 255.64 Pitney Bowes Credit Corporation Monthly Postage Meter Lease
Page 2
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1686 900.00 Portola Park Heights Home Owner's Association Road Dues
1687 15.28 Precision Engravers, Inc. Name Tag Engraving
1688 2,205.00 Precision Works, Inc. Bear Creek Redwoods Asbestos Abatement
1689 21.51 Pringle Tractor Co. Tractor Repair
1690 100.00 Public Service Skills, Inc. Recruitment Assistance
1691 3,157.28 Rana Creek Habitat Restoration Grassland Management Study--Phase III
1692 54.59 Rancho Hardware Field Supplies
1693 126.11 Lori Raymaker Reimbursement-Docent Supplies
1694 954.91 Recreational Equipment, Inc. Gift Certificates and Uniform Supplies
1695 1,424.60 Eric Remington Wildlife Assessment Services
1696 244.00 Regal Dodge, Inc. Vehicle Repairs
1697 35.00 Frances Reneau Docent Training
1698 3,000.00 Reserve Account-U. S. Postal Service Postage
1699 912.27 Roy's Repair Service Vehicle Maintenance&Repairs
1700 1,592.92 Russ Enterprises, Inc.
Signs
1701 5.00 Santa Clara County Cities Association Directory
1702 4,500.00 Rich Seymour Biologist Services-Amphibian Inventory
1703 216.89 Shell Fuel
1704 2,304.43 John Shelton, Inc. Culverts
1705 114.90 Duncan Simmons Reimbursement-Bart Fee&Copies
1706 86.40 Skyline County Water District Water Services
1707 17.29 Skywood Trading Post Fuel
1708 76.83 Jeff Smith Reimbursement--Class &Book
1709 2,128.75 Sandra Gimbal Sommer, Landscape Architecture Contract Planning Services
1710 2,379.70 Supply Cache Inc. CYA Crew Services/Roads&Trails
1711 904.97 Stevens Creek Quarry, Inc. Baserock
1712 1,062.61 Summit Uniforms Uniforms
1713 2,347.50 Swanson Hydrology&Geomorphology Hydrologic Assessment--Sierra AzuI
1714 75.00 Systems for Public Safety Recruitment-Background Investigations
1715 65.00 Terminix International Pest Control
1716 174.21 Tooland, Inc.
Resource Management Tools
1717 10,646.10 2M Associates Consulting Services-Coastal Annexation
1718 18.16 U C Regents Resource Document
1719 1,488.46 United Rentals
Rental Equipment
1720 103.00 Verio Internet Provider
1721 464.00 Rich Voss Trucking, Inc. Baserock Trucking Fees
1722 270.56 WAC Corporation, Inc. Aerial Photos
1723 477.40 West Group Payment Center Legal Subscription-On-Line Services
1724 33,154.45 Wildfire Pacific, Inc. Fire Fighting Apparatus Units
1725 229.05 Michael Williams Vehicle and Business Meeting Expense
1726 12.64 Wolf Camera Film
1727 900.00 Roberta Wolfe Recording Services
1728 400.00 Woodside& Portola Private Patrol Windy Hill Patrol Service
1729 504.79 The Workingman's Emporium Uniforms
1730R 55.00 Betsy Crowder Reimbursement--PCL Conference
1731R 8,988.81 Design Concepts-Deborah Mills Graphics & Design Projects
1732R 83.58 Tom Fischer Reimbursement--Supplies
1733R 690.00 Malcolm Smith Consultant-Public Affairs Projects
Page 3
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1734R 9.36 UPS Parcel Post Service
1735R 2,688.12 U.S. Bank Corp. Trust Note Paying Agent Fees-Final 1990 Notes
1736R 197,756.75 Thoit's Insurance Business Insurance per Premium
1737R 594.30 Petty Cash Local Business Meeting Expense, Vehicle
Expense, Field Supplies, Office Supplies,
Nature Center Supplies and Printing Costs
Total 2,708,489.83
In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued April 4, 2000
*2 Urgent Check Issued March 27, 2000
Page 4
Claims No. 00-07
Meeting 00-08
Date: April 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1686 900.00 Portola Park Heights Home Owner's Association Road Dues
1687 15.28 Precision Engravers, Inc. Name Tag Engraving
1688 2,205.00 Precision Works, Inc. Bear Creek Redwoods Asbestos Abatement
1689 21.51 Pringle Tractor Co. Tractor Repair
1690 100.00 Public Service Skills, Inc. Recruitment Assistance
1691 3,157.28 Rana Creek Habitat Restoration Grassland Management Study--Phase III
1692 54.59 Rancho Hardware Field Supplies
1693 126.11 Lori Raymaker Reimbursement-Docent Supplies
1694 954.91 Recreational Equipment, Inc. Gift Certificates and Uniform Supplies
1695 1,424.60 Eric Remington Wildlife Assessment Services
1696 244.00 Regal Dodge, Inc. Vehicle Repairs
1697 35.00 Frances Reneau Docent Training
1698 3,000.00 Reserve Account-U. S. Postal Service Postage
1699 912.27 Roy's Repair Service Vehicle Maintenance&Repairs
1700 1,592.92 Russ Enterprises, Inc. Signs
1701 5.00 Santa Clara County Cities Association Directory
1702 4,500.00 Rich Seymour Biologist Services-Amphibian Inventory
1703 216.89 Shell Fuel
1704 2,304.43 John Shelton, Inc. Culverts
1705 114.90 Duncan Simmons Reimbursement-Bart Fee&Copies
1706 86.40 Skyline County Water District Water Services
1707 17.29 Skywood Trading Post Fuel
1708 76.83 Jeff Smith Reimbursement--Class&Book
1709 2,128.75 Sandra Gimbal Sommer, Landscape Architecture Contract Planning Services
1710 2,379.70 Supply Cache Inc. CYA Crew Services/Roads&Trails
1711 904.97 Stevens Creek Quarry, Inc. Baserock
1712 1,062.61 Summit Uniforms Uniforms
1713 2,347.50 Swanson Hydrology&Geomorphology Hydrologic Assessment--Sierra Azul
1714 75.00 Systems for Public Safety Recruitment-Background Investigations
1715 65.00 Terminix International Pest Control
1716 174.21 Tooland, Inc. Resource Management Tools
1717 10,646.10 2M Associates Consulting Services-Coastal Annexation
1718 18.16 U C Regents Resource Document
1719 1,488.46 United Rentals Rental Equipment
1720 103.00 Verio Internet Provider
1721 464.00 Rich Voss Trucking, Inc. Baserock Trucking Fees
1722 270.56 WAC Corporation, Inc. Aerial Photos
1723 477.40 West Group Payment Center Legal Subscription-On-Line Services
1724 33,154.45 Wildfire Pacific, Inc. Fire Fighting Apparatus Units
1725 229.05 Michael Williams Vehicle and Business Meeting Expense
1726 12.64 Wolf Camera Film
1727 900.00 Roberta Wolfe Recording Services
1728 400.00 Woodside& Portola Private Patrol Windy Hill Patrol Service
1729 504.79 The Workingman's Emporium Uniforms
1730R 55.00 Betsy Crowder Reimbursement--PCL Conference
1731R 8,988.81 Design Concepts-Deborah Mills Graphics& Design Projects
1732R 83.58 Tom Fischer Reimbursement--Supplies
1733R 690.00 Malcolm Smith Consultant-Public Affairs Projects
Page 3
Regional Open IN
.ice
2
R-00-62 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-11
May 10, 2000
AGENDA ITEM 1 �
AGENDA ITEM
Approval of Proposed Mitigated Negative Declaration and Mitigation Monitoring Program in
accordance with California Environmental Quality Act; Approval of Amended Purchase Agreement
for the Proposed Addition of Krone and Bishop as Trustees Property to the El Sereno Open Space
Preserve; and Approval of Agreement with Adjacent Signat y La owners for Release from
Obligations Relating to Certain Easements, Rights or Cove nts
t__
GENERAL MANAGER'S RECOMMENDATIONS
1. Approve Proposed Mitigated Negative Declaration and Mitigation Monitoring Program in
accordance with California Environmental Quality Act ("CEQA") and adopt the CEQA findings
as set out in this report.
2. Adopt the attached resolution approving the Amended Purchase Agreement-Bargain Sale of
property owned by Krone and Bishop as Trustees.
3. Adopt the attached resolution approving the Agreement with adjacent signatory landowners to
fulfill District's obligation relating to certain easements, rights or covenants to provide domestic
water supply and road maintenance.
4. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this
report, including naming the property as an addition to the El Sereno Open Space Preserve.
5. Indicate your intention to dedicate approximately 258 acres of the property as public open space
at this time and to withhold approximately one acre of the property to allow for possible transfer
of ownership to San Jose Water Company.
INTRODUCTION
In January 2000, District staff secured an option to acquire 258.91 acres of land owned by Wallace
Krone and William Bishop, as Trustees. The property is located near the Town of Monte Sereno and
adjacent to the District's El Sereno Open Space Preserve. The property was originally part of a large
land holding that was subdivided in the 1940's to create a number of residential lots that became
known as Montgomery Highlands. As part of the conditions of the subdivision, a portion of property
being considered for open space acquisition at this time was encumbered with an obligation to provide
water service and road maintenance to many of the Montgomery Highland landowners.
Over the past several months, District staff has been working with the sellers of the property and
Montgomery Highlands landowners to resolve issues relating to the water and road maintenance. As a
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
i
R-00-62 Page 2
result, the original purchase agreement has been amended, and another agreement between the District
and the Montgomery Highlands landowners has been developed. In general, the purchase agreement
provides for the District's acquisition of three parcels of land, totaling 258.91 acres, for a total
purchase price of$2 million on a bargain sale basis, and District agreement to make an $800,000
monetary contribution towards upgrading the existing water system for the Montgomery Highlands
landowners in exchange for the neighbors' release of water and road maintenance rights to the
District.
SITE DESCRIPTION (see attached map
The 258.91-acre property is located on the slopes of El Sereno, approximately 1.5 miles west of the
Town of Monte Sereno. Situated halfway between Saratoga-Los Gatos Road and the El Sereno
mountaintop, the undeveloped property forms a major portion of the scenic backdrop to the developed
communities of Los Gatos, Saratoga, and Monte Sereno. Together with adjacent park and open space
lands including El Sereno Open Space Preserve, Villa Montalvo County Arboretum, and Sanborn-
Skyline County Park, the property's densely forested creeks and steeply wooded hillsides offer
thousands of Santa Clara Valley residents a much appreciated view of undisturbed open space. The
western portion of the site encompasses the headwaters of San Tomas Aquinas Creek, one of the most
dramatic and pristine watersheds in Santa Clara County. The steep impenetrable terrain and year-
round water source is valuable habitat for a wide variety of wildlife. Two prominent knolls, situated
near the southeast corner of the property, offer panoramic views of the Santa Clara Valley and as far
away as Mount Hamilton, Mt. Diablo, and Mt. Umunhum. Acquisition of the property is most
important in terms of protecting the scenic viewshed from surrounding areas, preserving the valuable
wildlife habitat of San Tomas Aquinas Creek, and someday providing a regional trail connection
between El Sereno Open Space Preserve and nearby county parks.
Two of the three parcels being acquired comprise the 258.81-acre upper property. Located at the end
of the paved portion of Overlook Road, the upper property is irregular-shaped and bounded by Villa
Montalvo County Arboretum to the northwest, El Sereno Open Space Preserve to the south and
southeast, San Jose Water Company land to the south and private properties to the east and north.
Canon Drive and Little Brook Drive form short segments of the property's north boundary. The
lower .1-acre property is located approximately 600 feet to the north of the upper property and is
bounded by Hidden Drive to the east and private properties on the remaining sides. Primary access to
the upper property is provided on an extension of Overlook Road that passes through the property and
connects to El Sereno Open Space Preserve. The District has an existing patrol and maintenance
e upper property to access the reserve. The first section of the road
easement throughth
pP P P tY P
approximately 280 feet in length, passes through a private parcel; one-half of the road to the west of
centerline is within the upper property and an easement exists on the road to the east of centerline.
The topographyof the u upper property consists of steep easterly-facing slopes that form the headwaters
pP P P Y i
of San Tomas Aquinas Creek and two of its tributaries. Largely impenetrable to hikers due to the
steepness and dense vegetation, the hillsides provide excellent habitat to a wide variety of wildlife.
Vegetation is very diverse with large deciduous trees, including bay and broadleaf maples, lining the
lower creek corridors transitioning to chaparral, scrub oak, and evergreen communities on the upper
more exposed slopes. The largest area of chaparral occurs on serpentine soils located on the above
R-00-62 Page 3
San Tomas Aquinas Creek. Serpentine soils are known to provide habitat for several species of rare
plants.
San Tomas Aquinas Creek is accessible for a very short distance by a trail originating at Canon Drive.
The creek with its cascading waterfalls and large deep pools is tucked into a steep and rugged canyon.
In the past, undesirable activities occurred in this area such as campfires, dumping, late night parties,
and roadside parking that obstructed traffic. The road is now clearly posted to prohibit all roadside
parking, and the problems have been substantially reduced.
The most prominent feature of the property are two large knolls located on the southeastern edge of
the property. These knolls are easily viewed by residents as far away as West Valley College and to
motorists driving between Los Gatos and Saratoga. Although previously graded flat to provide
homesites, the disturbed areas have recovered with vegetation and the grading is undetectable from the
valley below. At a 1,200-foot elevation, the knolls are approximately halfway to the top of El Sereno,
forming an integral part of the natural landscape and pleasing to the eye above existing residential
development.
The few improvements to the property include unsurfaced roads, trails and a water system. There are
two roads entering the property at the end of the paved portion of Overlook Road. The Overlook
extension road serves as the primary access and consists of a well-maintained patrol road that connects
to El Sereno Open Space Preserve. The second road lies to the east of the Overlook extension road,
entering through a gate and extending in the southeasterly direction towards the upper reaches of San
Tomas Aquinas Creek. The upper portion of the road near the southern boundary is narrow and
overgrown with numerous small slides. Approximately seven hundred feet south of the gate, an
intersecting road switches back in the northeasterly direction and climbs approximately three hundred
feet up to a ridgetop where two water tanks are located. Both tanks have a 50,000 gallon capacity and
are fenced for security. One concrete tank is submerged with a wood-framed roof and the other is
entirely concrete, situated above ground. When the system was initially constructed, the source of
water came from on-site springs and then was distributed underground through the Montgomery
Highlands area. Some of the old water lines that used to connect to springs are seen above ground.
A number of animal trails are located throughout the property. Some of the more prominent ones
originate near the knolls and tend to disappear into the brush.
USE AND MANAGEMENT
Planning Considerations
The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside
District), requiring a 20 to 160-acre minimum lot size based upon a slope density formula. The
property is comprised of three legal parcels and has a potential density of three dwelling units. Access
to the building sites would be feasible to develop the upper 258.81-acre property.
Santa Clara County Countywide Trails Master Plan shows a proposed regional trail in the vicinity of
the property that would connect Villa Montalvo County Arboretum, Sanborn-Skyline County Park and
R-00-62 Page 4
El Sereno Open Space Preserve. The District's Regional Open Space Study identifies the property as
desirable open space and shows two regional trails similar to the one in the County's Trails Master
Plan connecting the two parks and open space preserve. The property is rated in the highest
categories in the District's Master Plan.
The County of Santa Clara Planning Office has determined that the acquisition of the property is
consistent with the Santa Clara County General Plan. The largest of the three parcels, encompassing
the headwaters of San Tomas Aquinas Creek, is restricted by a Williamson Act contract and the State
Department of Conservation has stated the acquisition of this parcel for open space purposes is
consistent with the objectives of the Williamson Act.
Property Encumbrances
The property is burdened with certain easements, rights and covenants which would require the
District to provide a certain level of domestic water and road maintenance to a certain number of
private parcels located in the Montgomery Highlands subdivision. These conditions resulted from an
initial 1946 subdivision where the lower portion of the property was divided into a number of smaller
parcels which encumbered a large portion of the remaining property with an obligation to provide the
subdivided parcels with domestic water and road maintenance. Through subsequent land divisions,
twenty-one parcels have been formed that currently benefit from the water easements, rights and
covenants; nineteen of these have been developed for residential use and two are undeveloped.
Historically, the owners of the properties that benefit from the water and road maintenance obligations
have been dissatisfied with the level of domestic water service and road maintenance provided by
previous owners of the upper property and a number of disputes have resulted in the past. Following
the initial subdivision, a water system consisting of developed springs, and two water tanks were
developed on the upper property and a distribution system connected to the lower subdivided parcels.
Later, the water tanks were connected to the San Jose Water Company system by installing a pump
station below the upper property and connecting to an existing utility service close to Saratoga-Los
Gatos Road. Today, the water system reportedly is in poor condition and repairs are required often.
Road maintenance is likewise considered a problem and the residents have assumed this responsibility.
Over the past several months, the District and Montgomery Highlands landowners that benefit from
the easements, rights and covenants have been exploring a feasible approach to resolving the issues
surrounding water service and road maintenance. In October 1999, seventeen of the twenty-one
affected property owners drafted and signed a letter of intent to work with the District to contract with
San Jose Water Company to upgrade and take ownership of the water system. Since that time, the
District has developed an agreement that is attached to this report whereby the District will contribute
$800,000 to San Jose Water Company towards the construction of a replacement water system to
serve the Montgomery Highlands landowners. The landowners agree to 1) contribute the remaining
funds necessary to complete the replacement water system, 2) assume responsibility of the continued
operation and minor repair of the water system in the interim period leading up to the completion of
the replacement water system, and 3) quitclaim to the District the easements, rights and covenants that
each may hold by deed, contract or prescription for water service and road maintenance. The
agreement is conditioned on its signature by at least 20 of the landowners at District's discretion. The
R-00-62 Page 5
I
number of landowners who have actually executed the agreement will be reported to you during the
staff presentation of this report at your May 10, 2000 meeting.
I
To facilitate the replacement water system, the District would convey ownership of two parcels of land
and an access easement to the San Jose Water Company. The parcels are comprised of the .1-acre
lower property and up to one acre of the upper property that surrounds the replacement 160,000
gallon water tank. An access easement would be included that extends approximately 200 feet from
the end of the paved portion of Overlook to the water tank site. The replacement water tank is to be
located approximately 200 feet north of the existing two 50,000 gallon water tanks. To date, the
landowners have contracted with San Jose Water Company to prepare preliminary plans, specifications
and a cost estimate for the water system. Preliminary estimates indicate the cost of the project will be
approximately $1.5 million.
As part of this agreement, the District will not have an obligation to repair or maintain the roads, but
will repair and maintain for patrol and emergency purposes the Overlook extension road that passes
through the upper property. In addition, the District will share in proportion to its use the cost of
repairing and maintaining roads in the subdivision that the District may hold easements over and
utilize for patrol purposes, as required by law.
Other Planning Considerations
Previous owners of the property have investigated potential residential development and conducted
grading activities for access and potential homesites. In 1979, an application for a cluster
development was submitted to the County of Santa Clara and subsequently denied. The associated
geotechnical work indicated slope instability problems in the upper portion of the property. A grading
violation was later filed in July 1983 and expunged in September 1983. In 1984, the county issued a
grading permit for a single-family homesite that was subdivided off the main property and grading
activities on the access road and homesite did occur.
In the past few years a landslide has occurred adjacent to the Overlook extension road near the north
entrance to the upper property on the separate private parcel. A portion of the landslide has been
determined to be within the upper property but the majority of the slide is located downslope on a
small private parcel. The owner of the private parcel has filed a lawsuit against the sellers claiming
that previous maintenance of the Overlook extension road has triggered the landslide. The seller
believes the grading activity on the small private parcel that included an access driveway and building
pad, has undercut the slope and caused the landslide that affects the upper property, and has filed a
cross-complaint against the owner of the small private property. If the District acquires the upper
property, the District will provide a defense and indemnity to the sellers and the sellers will assign all
rights to the cross-complaint to the District.
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 updated. The District will
maintain the roads on the upper property at the same level as they have been maintained in the past.
The existing water system will be replaced by a system owned and operated by the San Jose Water
Company and funded jointly by the District and Montgomery Highlands landowners. The two
I
R-00-62 Page 6
existing 50,000 gallon water tanks will be replaced by a 160,000 gallon water tank to be located
approximately two hundred feet north. The replacement water tank will be partially submerged,
painted in an earth tone to blend into the landscape, and replanted to visually screen the site from
surrounding areas. The site for the replacement water tank will be excavated and the material
deposited in the location of the two existing tanks to restore the area to a natural condition. The
property will be closed to the general public for the foreseeable future. The property will be
maintained in a natural condition and no changes to existing land use are anticipated.
Public Access: Close to public use at this time.
Patrol: Routinely patrol the property.
Signs: Install boundary and preserve regulatory signs as appropriate.
Barriers: Replace gate on Overlook extension road at the north boundary and at the beginning of the
service road leading to the water tank site.
Water System: Coordinate and monitor work to be conducted by San Jose Water Company to
complete the replacement water system and implement the mitigation measures contained in the
Mitigation Monitoring Program.
Roads: Maintain Overlook extension road located on upper property to same level as in the past;
participate with the Montgomery Highlands landowners to formalize a road maintenance agreement
whereby the District contributes a proportion based upon its use of its easement roads and current
State law.
Name: Name the property as an addition to the El Sereno Open Space Preserve.
Site Safety Inspection: Site safety inspection has been conducted and there are no known safety
hazards on the site.
Dedication: Indicate your intention to dedicate approximately 258 acres of the property as public open
space at this time and to withhold approximately one acre of the property to allow for possible transfer
of ownership to San Jose Water Company.
CEQA COMPLIANCE
The District contracted with Environmental Science Associates to conduct an Initial Study and prepare
a Mitigated Negative Declaration (see Attachment 1). A Notice of Intent to Adopt a Mitigated
Negative Declaration was submitted to the County of Santa Clara for posting on April 20, 2000 stating
that the review period would start on April 21, 2000 and end on May 10, 2000. The Notice was also
posted on-site and published in the San Jose Mercury News on April 27, 2000. All legal notice
requirements of CEQA have been met.
R-00-62 Page 7
To date, the District has received comments from one interested party concerning the Initial Study and
Proposed Mitigated Negative Declaration. On April 28, 2000 the District received a letter from John
B. Weiss, Chairman of the Montgomery Highlands Association commenting upon the manner in
which the ownership of the water system and nature of the District's contribution towards a
replacement system is characterized. In a response letter to Mr. Weiss, dated May 5, 2000 these
comments were acknowledged and made part of the record (see Attachment 2). It was noted that the
expressed concerns have been adequately addressed in the Agreement with the signatory landowners.
The comments are not directed towards environmental issues and do not indicate any significant
adverse impacts will occur as a result of project.
In accordance with the CEQA, the District has prepared a Mitigation Monitoring Program that
describes the mitigation measures and monitoring process for the acquisition project (see Attachment
3). The Mitigation Monitoring Program insures that measures adopted to mitigate or avoid significant
environmental impacts are implemented. The Mitigation Monitoring Program includes all mitigation
measures contained in the Proposed Mitigated Negative Declaration, even including those not required
under CEQA, as they address potential impacts that are less than significant. The Board is being
asked to approve the Mitigation Monitoring Program.
CEQA Findings
Based on the Initial Study, Proposed Mitigated Negative Declaration and Mitigation Monitoring
Program, all comments received and substantial evidence in the whole record before the Board, staff
recommends you make the following findings:
1. Prior to approving the project that is the subject of the Mitigated Negative Declaration, the
Board has considered the Mitigated Negative Declaration and all comments received during the
public review process.
2. The Board finds that, on the basis of the whole record before it, including the initial study and
all comments received, that there is no substantial evidence that the project will have a
significant effect on the environment in that, although the proposed project could have a
significant effect on the environment, there will not be a significant effect in this case since
mitigation measures have been added to the project to avoid such effects.
3. The Board finds that the Initial Study and Proposed Mitigated Declaration reflects its
independent judgement and analysis.
4. The Board adopts the attached Mitigation Monitoring Program which it requires to be
implemented as part of the project.
5. The location and custodian of the documents or other material which constitute the record of
proceedings upon which this decision is based are located at the offices of the General Manager
of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California
94022.
R-00-62 Page 8
TERMS AND CONDITIONS
The 258.91-acre Bishop and Krone property is being acquired on a bargain sale basis at a purchase
price of$2,000,000, which is to be paid in cash at the close of escrow. The purchase price is
substantially below the market value of the property. The current zoning would allow three potential
subdividable building sites with panoramic view of the Santa Clara valley, surrounding mountain
ranges and the San Francisco bay. The property is burdened by easements to provide water service
and road maintenance to many of the nearby Montgomery Highlands landowners. The domestic water
system would be constructed and taken over by San Jose Water Company under separate agreement.
At the present time, the landowners, as agents of the sellers, have assumed responsibility for the
maintenance of the water system and distribution of water to the individual parcels. The landowners
also have assumed responsibility for maintenance and repair of the roads.
Staff and the landowners have negotiated an agreement whereby the District has agreed to contribute
$800,000 to San Jose Water Company towards the replacement of the existing water system. The
landowners have already contracted with the San Jose Water Company and obtained a cost and
feasibility analysis for the construction of a domestic water system to serve the benefited land owners.
The estimated cost of this domestic water system is $1,500,000. In addition, the landowners have
agreed to quitclaim their rights to water service and to limit the District's road maintenance
responsibilities based upon the District's proportionate use of its easements over roads in the
subdivision, as provided by State law.
As a result, the acquisition cost of this property will be $2,800,000, which includes the $2,000,000
purchase price of the 258.91-acre property plus the $800,000 contribution towards the replacement of
the existing water system. The District will also obtain quitclaims of water service and road
maintenance obligations from the affected homeowners.
BUDGET CONSIDERATIONS
2000/2001 Budget for Land Acquisition
New Land $20,000,000
Land Acquisitions Approved so far this year (2,320,300)
Bishop & Krone Acquisition (including water & road agreement) (2,800,000)
Acquisition Budget Remaining $14,879.700
Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering
cash flow and availability, funds are available for this property purchase. This parcel was identified
as an important addition to the El Sereno Open Space Preserve for scenic protection, potential regional
trail connections, watershed and wildlife habitat protection.
PUBLIC NOTIFICATION
In addition to notices that were posted on-site, at Santa Clara County and in the San Jose Mercury
News, announcing the public review period for the project's Initial Study and Mitigated Negative
R-00-62 Page 9
Declaration, property owners of lands located adjacent to and surrounding the subject property
including owners in the Montgomery Highlands subdivision have been mailed written notices of this
proposed acquisition.
Attachments. The following attachments are available to the public at the District's administrative
office:
1. Mitigated Negative Declaration
2. Response to Comments on Mitigated Negative Declaration
3. Mitigation Monitoring Program
4. Amended Purchase Agreement-Bargain Sale Between Krone and Bishop as Trustees, and the
District
5. Agreement Between Signatory Landowners and District
6. Resolutions of Board of Directors of Midpeninsula Regional Open Space District
a) Resolution Authorizing Acceptance of Amended Purchase Agreement-Bargain Sale
b) Resolution Authorizing Acceptance of Agreement with Signatory Landowners
Prepared by:
Del Woods, Senior Acquisition Planner
Michael C. Williams, Real Property Representative
L. Craig Britton, General Manager
Map prepared by:
Ana Ruiz, Planning Technician
Contact Person:
L. Craig Britton, General Manager
EL SERENO OPEN SPACE PRESERVE
< Villa INoritalvo
County Arboretu"m -- 1 Proposed Acquisition --
f
�,.
0. acres (Lower Parcels)
`i Montgomery 1
L _
- 4i Highlands Area
S \
1 Q y �5 _ nro6k f ! % . i i t s'.. _ i
0%etlnu6I)i I'den,ion
,t
t Proposed Acquisition
Sar � Krone, 258.81 Acres
J
M
i
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o
I NV(�
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LOCATION MAP: PROPOSED ADDITION TO EL SERENO OPEN SPACE PRESERVE St.Joseph's Hill Open Space Preserve
RESOLUTION 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE AMENDED
PURCHASE AGREEMENT-BARGAIN SALE,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATES 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 (EL
SERENO OPEN SPACE PRESERVE - LANDS OF BISHOP
AND KRONE 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 Amended Purchase Agreement-Bargain Sale
between Wallace Krone and William Bishop as Trustees (Seller), and the Midpeninsula
Regional Open Space District, a copy of which is attached hereto and by reference made a part
hereof, and authorizes the President or 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 one or more Certificates of Acceptance, as necessary, on behalf of the
District.
Section Three, The General Manager of the District shall cause to be given appropriate notice
of acceptance to Seller. The General Manager is further authorized to execute any and all
other documents in escrow necessary or appropriate to the closing of the transaction. The
General Manager and General Counsel are further authorized to approve minor or technical
revisions to the attached Amended Purchase Agreement-Bargain Sale that do not involve any
substantial change to any term of the Agreement, and which are necessary or appropriate to the
closing or implementation of this transaction. The General Manager is further authorized to
determine whether or not to terminate the Amended Purchase Agreement-Bargain Sale
pursuant to Section 6 of the Agreement.
Section Four. The General Manager of the District is authorized to expend up to $20,000 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$2,000,000 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 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF AN AGREEMENT WITH
SIGNATORY LANDOWNERS, AUTHORIZING OFFICER TO
EXECUTE CERTIFICATES 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 (EL SERENO OPEN SPACE PRESERVE -
LANDS OF SIGNATORY LANDOWNERS)
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 approve that certain Agreement between Signatory Landowners and the Midpeninsula
Regional Open Space District, a copy of which is attached hereto and by reference made a part
hereof, and authorizes the President or 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 Certificates of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice
of approval to the Signatory Landowners. The General Manager is further authorized to
execute any and all other documents in escrow necessary or appropriate to the closing of the
transaction approved in this Resolution. The General Manager and General Counsel are
further authorized to approve minor, or technical revisions to the attached Agreement that do
not involve any substantial change to any term of the Agreement, and which are necessary or
appropriate to the closing or implementation of this transaction. The General Manager is
authorized to determine whether or not to waive the Conditions Precedent set out in Section
1(B) of the Agreement.
Section Four. The General Manager of the District is authorized to expend up to $10,000 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 S800,000 from the proceeds of the next long-
term District note issue. This Section of this Resolution is adopted by the Board of Directors
it
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 t6 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.
I
ATTACHMENT - 1
NMPENINSULA REGIONAL OPEN SPACE DISTRICT
NOTICE OF INTENT TO ADOPT
MITIGATED NEGATIVE DECLARATION
A notice,pursuant to the California Environmental Quality Act of 1970,as amended(Public Resources
Code 21000,et sec.)that the following project will not have a significant effect on the environment.
APN(s): Date:
510-27-033,517-16-009,510-2MI2 I April 20, 2000
Project Name: Type of Project:
Addition to El Sereno Open Space Preserve Acquisition of land to expand an open space
preserve and replacement of existing water
I system
Owner: Lead Agency:
Wallace Krone and William Bishop, Trustees I Mdpeninsula Regional Open Space District
Project location:
The proposed project is located in unincorporated Santa Clara County,in a foothill area approximately
1.5 miles southeast of the Town of Monte Sereno. The site is bordered to the south and west by the El
Sereno Open Space Preserve, Sanborn County Park to the west,Villa Montalvo County Arboretum to
the northwest and private properties to the north and east.
Project Description:
The proposed project consists of the acquisition of two contiguous parcels totaling 259 acres and one
non-contiguous J-acre parcel. The Midpeninsula Regional Open Space District would add the 259
acres to the adjacent 1,152-acre El Sereno Open Space Preserve to expand the Preserve to 1,411 acres.
The project would include a contribution of$800,000 by the District towards the construction of a water
system to replace the existing system located on the project site that serves adjacent residences. The
new water system will be owned and managed by San Jose Water Company in exchange of quitclaims
of water and road maintenance easements to the District from Montgomery Highlands property owners.
The new water system will,generally, replace two water tanks with one tank and distribution pipelines
to adjacent private properties. The two existing water tanks located in the project site would be removed
and the area restored to a natural condition. The project site would be closed to the public in the
foreseeable future. The District would maintain the project site in its natural condition.
Purpose of Notice:
The purpose of this notice is to inform you that the Midpeninsula Regional Open Space District Staff has
recommended that a Mitigated Negative Declaration be approved for this project. Action is scheduled
on this proposed Mitigated Negative Declaration and project before the Midpeninsula Regional Open
Space District Board of Directors on May 10,2000,at 7:30 P.M. at the offices of the Midpeninsula
Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022-1404. The District may revise
this hearing schedule to consider the proposed project and Mitigated Negative Declaration. In that
event, separate public notice of the date and time of such meetings will be mailed to you. The public
review period has been,established to be twenty days based on to Section 15073 of the CEQA
Guidelines.
r
Review Period:
Public comments regarding the correctness, completeness,or adequacy of this Mitigated Negative
Declaration are invited and must be received on or before May 10,2000. The public comment period
shall start on April 21, 2000 and end on May 10,2000. Such comments should be based on specific
environmental concerns. Written comments should be addressed to Deirdre Dolan,District Clerk at
the Midpeninsula Regional Open Space District,330 Distel Circle,Los Altos, CA 94022-1404;
telephone: (650)691-1200. Copies of the Mitigated Negative Declaration and all documents
referenced in the Mitigated Negative Declaration are available for review from 8:30 a.m.to 5:00 p.m. at
the Midpeninsula Regional Open Space District office at the address listed above.
Responsible Agencies sent a copy of this document:
Santa Clara County
Santa Clara County Environmental Resources Agency
Basis for Mitigated Negative Declaration Recommendation:
Midpeninsula Regional Open Space District Staff has reviewed the Initial Study for the project and,
based upon substantial evidence in the whole record, determined that no significant effect on the
environment is anticipated as a result of the project since,although the proposed project could have a
significant effect on the environment,there will not be a significant effect in this case since mitigation
measures have been added to the project to avoid such effects.
Prepared by:
Del Woods, Sr. Acquisition Planner GD
Si nature Date
Approved by:
L. Craig Britton, General Manager
Signature Date
Page 2
INITIAL STUDY AND PROPOSED
MITIGATED NEGATIVE DECLARATION
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ADDITION TO EL SERENO OPEN SPACE PRESERVE
1. Project Title: Addition to El Sereno Open Space Preserve
2. Lead Agency Name and Address: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
3. Contact Person and Phone Number: Del Woods,Senior Acquisition Planner
Telephone: (650)691-1200
4. Project Location: Approximately 1.5 miles west of the western boundary
of the Town of Monte Sereno,in unincorporated Santa
Clara County, adjacent to the northern border of
El Sereno Open Space Preserve
5. Project Sponsor's Name and Address: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
6. General Plan Designation: Hillside (Santa Clara County General Plan)
7. Zoning: HS -Hillside
8. Description of Project: See Project Description,pp. 3 through 11.
9. Surrounding Land Uses and Setting: See Project Description,p.4.
10. Other Public Agencies Whose Approval Is Required:
Purchase of the property must be approved by the Midpeninsula Regional Open Space District Board
of Directors. The replacement water system would require permits from the County of Santa Clara
for the demolition of the existing water tanks and construction of a replacement water tank.
11. Document Availability: All documents referenced in the Initial Study and Mitigated Negative
Declaration are available for review from 8:30 a.m. to 5:00 p.m. at the Midpeninsula Regional Open
Space District office at the address listed above.
Addition to Pi Sereno Open Space Presme ESX2002!
INITIAL STUDY AND PROPOSED. GATED NEGATIVE DECLARATION
PROJECT DESCRIPTION
PROJECT SUMMARY
The proposed project consists of the acquisition,by the Midpeninsula Regional Open Space District("the
District"),of three parcels' totaling 258.91 acres, located on the slopes of El Sereno in unincorporated
Santa Clara County. The three parcels inc
ty p hide two
contiguous parcels with a total area of 258.81 acres
g
("Upper Parcels")and a noncontiguous 0.1-acre parcel ("Lower Parcel"). (See Figure 1.) The Lower
Parcel is located approximately 600 feet north of the Upper Parcels. The District ctw would add the Upp
er
Parcels to the adjacent 1,152-acre El Sereno Open Space Preserve, expanding the Preserve to a total of
approximately 1,411 acres, and joining the two separated areas of the Preserve. The Upper Parcels would,
be closed to the general public for the foreseeable future. There are no parking areas on the Upper
Parcels,and no parking is allowed along streets in the vicinity of the project site,nor on any shoulder
areas. Most of the project site is inaccessible by hikers or equestrians, with the exception of a road at the
eastern part of the project site that connects to a small northernmost area of the El Sereno Open Space
Preserve.
The project site i p � s located in an area designated by the Santa Clara County General Plan as Hillside,an
area that"enhances the rural character of mountainous areas and minimizes risks from natural hazards.112
According to the Santa Clara County General Plan, acceptable uses for Hillside areas include "land in its
natural state"and"wildlife refuges."3
The Upper Parcels include a water system comprised of two 50,000 gallon tanks; the Lower Parcel
contains a pump station. The water system currently serves 22 off-site residential parcels northeast of and
downslope from the Upper Parcels, in an area known as Montgomery Highlands. Of these 22 residential
parcels, 19 parcels have easements to the project site in order to access the existing water system, and
three residential parcels have, over the years,joined the system but have no recorded easements. Eleven
other parcels in the Montgomery Highlands area are not served by the water system. Two parcels of the
11 have easements to water service from the project site and nine of the 11 have no easements. Under the
terms of the purchase agreement, the District is required to assume any easement obligations that exist to
provide water to adjacent parcels.
Certain components of the existing water system currently need repair. As a part of the project,the
District would contribute $800,000 toward a water system that would replace the existing water system
("replacement water system"or"replacement system") and would ultimately be owned and operated by
San Jose Water Company. The total estimated cost of the replacement system is S 1.5 million. Current
easement holders and users would contribute the difference between the District's contribution and the
total amount of the project cost. In return for its S800,000 payment, easements to the project site for
water service would be quitclaimed to the District, and ownership of the Lower Parcel and the water tank
would be turned over to the owner and/or operator of the replacement water system. The existing water
system would be abandoned, the two water tanks would be removed, and the site restored to a natural
! Santa Clara County Assessor's Parcel Lumbers 510-27-033,510-28-012 and 517-16-009.
Santa Clara County,Santa Clara County Zoning Ordinance,htto:llwwti�.sccplannin¢.or�,,Jzontable.htm,May 26, 1999.
3 Santa Clara Countv,Santa Clara Cougv General Plan,December 20, 1994,
p Q-3.
Addition to El Sereno Open Space Preserve Initial Study 2 ESA,200216
Villa Montalvo
Counter Arboretum
Proposed Acquisition -
+ �� s ,,y 0.1 acres YLW "' n
,I1� (Lower Parcels)
SAN
�� V � � T �p • r: ar4: v � �i R � ��JOSE
t`,5 Montgomery �+ `SITE
1 L'' ' �' • �' ,,. Highlands Area \
•:Sanborn County �� �,rieek , ,, ,.r> ) ��_ 1 ��
` Park Gates
:� 7"i(I v - �cfk•t r;Extgn�ioq' Proposed Acquisition
t
,��.; o °• \' ,�' ,���.% \ Preserve 258.81 acres
(Upper Parcels) i \
r ,
!I It
El Serena Open Space Pre
•--� serve
f•,\�� �� \ ��f F;, �� \�\,'i \; I I / �, .� „ vk �- f ,�, .�. �x a ��"�ta��ti�y�( • .�}a,_.'.�',yf,.L
Ov� I I. •� '.i �a•.. Ci: �\ ,11 '..���.i", �7r' ' �r a »�i!' ` :�. �.. }a.� ��. `k 'Ti�� r „�
:��=� <`1 '�(r, `:: ;'/ f 'i `. """�`?"r•� ' I.///,::/: � � "`� .�"s yt1, ,x , :t,�,(�Ar �'�rr, -
1��' �/ ill i• "/ � ��,\\�°` tC �� r \t .\`T
1�'ti I ,.�1 I •�_ -� 11,5 � '� , ) �/�/I �•\\.� yi 1 `�,_., I 11 ���_� ; y• i
,r (�✓�,{] I / �`�� .�I fly.: 1\515. -.�-'�.' � !1�\ i�i!rh�_C\1i� Jltl ! .'�5 / ,\I� �� ,ram a
Open El Serena O n Space Preserve a
( Il
r,;�,(
m,1
'S
,
'Sanborn County Park"..`�\`��_!�, 'r'I ��11j;l..;• �,' �
ti0l Ilt('li: linvimnnxnial Scicrkr Asstxi:ucs
Addition to EI Sereno Opeti Spate Preserve/2OO2l6 ■
Figure 1
Addition to El Sereno Open Space Preserve
I
i
INITIAL STUDY AND PROPOSED—-IGATED NEGATIVE DECLARATION
condition. The replacement water tank would be located in the vicinity of the old tanks,but lower on the
ridge. An existing service road at the end of the paved portion of Overlook Drive would provide access to
the replacement water tank. The new system would include installation of hydrants in the Montgomery
Highlands area, including areas near the Upper Parcels.
The Montgomery Highlands Landowners Association("the Association"),which represents the 22
residential parcels currently served by the water system, would most likely contract directly with the
San Jose Water Company for the water system. The District would transfer ownership of the land used
for the water tank to the San Jose Water Company. Although it appears unlikely, in order to provide an
adequate financial framework for construction of the replacement water system, the District may be called
upon to use its bonding capabilities to form an assessment district consisting of the District and the 22
residential parcels currently served by the water system,as well as the two undeveloped parcels having
easements to the water system.
In addition,20 of the parcels have covenants requiring the property owner of the Upper Parcels to
maintain roads in the Montgomery Highlands area. In exchange for the $800,000 payment,the District
would also require these 20 property owners to quitclaimed obligations for road maintenance.
The Upper Parcels would remain closed to the general public. As an open space preserve, the District
would maintain the property in its natural condition.
PROJECT LOCATION AND SURROUNDING USES
The proposed project area is located in unincorporated Santa Clara County, in a foothill area
approximately 1.5 miles from the Town of Monte Sereno, and south of the City of Saratoga. The nearest
highway is State Route 9(SR 9), located approximately 2 miles east of the project site; State Route 17
(SR 17)is located approximately 3 miles southeast of the site. The Upper Parcels are partially bordered
to the north by Canon Drive and Little Brook Drive. The 0.1-acre Lower Parcel is bordered by Hidden
Drive to the east and private residential properties on the remaining three sides. The Upper Parcels are
bordered to the north, south and west by privately owned, District-owned and County-owned open space
and park areas. As a result, the Upper Parcels provide a physical and aesthetic link to several large open
space areas.
The 3,600-acre Sanborn County Park, located to the east of the Upper Parcels, is owned and operated by
Santa Clara County and provides trails, an amphitheater, limited recreational facilities, camping and
picnic facilities. Primary access to Sanborn County Park is from Sanborn Road, approximately I mile
from the project site. There is, however, no direct public access between Sanborn Road and the Upper
Parcels. Stuart Ridge, also a part of Sanborn County Park, is located along Bohlman Road, closest to the
Upper Parcels, but is closed to the public.
To the south are the lands that form El Sereno Open Space Preserve and watershed lands owned by the
San Jose Water Company. The Preserve is named for nearby NIt. El Sereno and is comprised of two areas
separated by an L-shaped property owned by the Water Company. The Water Company's lands are
closed to the public. The trails in the 1,152-acre E1 Sereno Open Space Preserve are open to the public
and access is primarily from Montevina Road, which is a 3-mile long road that winds from SR 1% to the
Addition to El Sereno Open Space Presene Initial Study 4 ES.L'2002I6
INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION
southwest border of El Sereno. There is currently no direct connection between the project site and the
El Sereno Open Space Preserve, with the exception of a road at the eastern part of the project site that
connects to a small northernmost area of the El Sereno Open Space Preserve.
To the north is the Villa Montalvo Arboretum, a county-owned park that was once the estate of Senator
James Phelan. The park includes expansive lawns, formal gardens, and trails,and is used for outdoor
weddings and summer concerts. Entry to the Arboretum is primarily from Piedmont Road. There are
currently no trails or roadways connecting the Arboretum lands to the Upper Parcels.
EXISTING OWNERSHIP AND HISTORICAL BACKGROUND
The project Site is currently owned by Wallace Krone and William Bishop("Krone and Bishop"),as
Trustees. Through a real estate purchase agreement with Krone and Bishop,the District currently has an
option to purchase the project site. The option expires May 10,2000.
The project site,known as part of the Bliss Ranch property,was originally part of a larger parcel that
included approximately thirty-three parcels located to the northeast(including the 24 parcels with rights
to water from the project site). In 1946,portions of the larger parcel were subdivided and developed for
residential use; the Upper Parcels are what remain from the subdivision of the larger parcel. With few or
no other sources of water,the owner constructed a water system on the project site that originally used
water from on-site natural springs and that was designed to serve the subdivided residential properties
only. Rights to water from the project site were given to buyers in the form of easements to the water
system.
Encumbrances to the project site also include an obligation to provide road maintenance to certain of the
Montgomery Highlands landowners.
Over the years, various owners have graded or attempted to grade small portions of the project site for
residential development, all of which was unsuccessful. Currently, two small areas remain lev esieled from
these past efforts but are undetectable from the valley below; traces of abandoned roadways from these
efforts are occasionally visible.
Complaints from nearby residences concerning unauthorized use of the project site,particularly at night,
and the damage caused by offroad vehicles led the owners to install locked gates at each end of the
extension of Overlook Drive. Neighbors walking in the vicinity are still able to access this roadway
because of small gaps between vegetation and the gate posts.
EXISTING ENVIRONMENTAL AND OPERATIONAL SETTING
The project site is located on the eastern slope of the Santa Cruz Mountains in a mountainous area where
elevations range from approximately 700 feet to 2000 feet above sea level. San Tomas Aquinas Creek
(the creek) winds downhill through the western portion of the project site from southwest to northeast,
4 I I
and the project site includes its headwaters and tributaries. Most of the site is undeveloped, with steep
4 San Tomas Aquinas Creek extends from the project site through portions of Saratoga,Monte Sereno.Campbell,and into
San Jose.
Addition to EI Sereno Open Space Preserve Initial Study' 5 ESA,200216
INITIAL STUDY AND PROPOSED GATED NEGATIVE DECLARATION
hillsides, occasional meadows and knolls,natural springs, woodland, chaparral, and riparian corridors
along the banks of the creek and its tributaries. Vegetation is diverse, and the project site includes
serpentine soils,known to provide habitat for rare plants.
Site development is limited to two existing water tanks,one of which is located below-grade, in an
elevated northern area near Overlook Drive, and underground water pipes. An unpaved and gated
1.25-mile extension of Overlook Drive,accessible from an extension that runs through a privately owned
property,provides the primary road access to the project site. A second 1.5-mile extension from
Overlook Drive follows a southwesterly direction to the upper reaches of the San Tomas Aquinas Creek
watershed. Although there are paths at the edges of the project site,most trails have not been maintained
and are overgrown. A well-defined unpaved road leads from Caflon Drive to the existing water tanks,and
paved roads in the vicinity of the project site are narrow,with little or no shoulder space. As a result,all
paved roads in the immediate vicinity of the project site are posted with signs that prohibit parking.
Nearby residents and members of the Montgomery Highlands Landowners Association have hired a
security patrol to assist in enforcing the no-parking signs.
The Upper Parcels include two sites that were graded in preparation for residential development. Both
sites are located at the southeastern terminus of the Overlook Drive extension.
The project area is located within an area designated by the General Plan as "Hillside." Approximately
151 acres of the Upper Parcels are subject to a Williamson Contract.
EXISTING WATER SYSTEM
As noted above,the project site includes a private water system built in the late 1940's by a previous
owner to serve a new residential subdivision located in an area northeast of and downslope of the project
site. This subdivision was once part of the project site, and ownership, operation and maintenance of the
water system are part of the obligations contained in the title to the project site. The system includes two
50,000-gallon water tanks in an elevated area near the end of the paved portion of Overlook Drive and
underground piping at the northern edge of the Upper Parcels. The tanks are accessible from a path
leading from Overlook Drive. One tank appears to be older than the other, is covered by a square wood
structure with a pitched roof and open view to the tank, and is partially submerged below grade. The
other tank is completely covered with a round concrete lid. The basins of both tanks are concrete,and are
enclosed by secured metal fencing with barbed wire.
Recorded rights to the water system are held by 21 property owners in the Montgomery Highlands area
residential subdivision through easements to the project site. Nineteen of these are developed and
connected to the water system,and two are undeveloped and not yet connected. In addition, over the
years,requests to join the system have customarily been approved by the project site owners and the
Montgomery Highlands Landowners Association. As a result, three additional users have joined the
system,but have no deeded easements. The water system, therefore, currently serves 22 residential
properties. These property owners have, for the most part, assumed responsibility for the upkeep of the
water system and have been paying for repairs to the system. Nine additional undeveloped parcels
adjacent to the Upper Parcels have no easements to water on the project ect site, and no water service has
been requested by the owners. The parcels are on steep hillsides and may be less developable than
40 Addition to El Sereno Open Space Presene Initial Study 6 ESA/200216
INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION
already developed sites. However,because of past approvals, the Association would likely approve an
P P PP � Y PP Y
request for water service from the existing system.
Users report that water pressure is unreliable because of frequent breaks in the water system in
increasingly difficult-to-find locations, and because only one of the water tanks is operational. The
system may,therefore,not always be operating optimally.
Within the past six weeks, a major leak occurred in the water system piping and the repair service
reportedly had a difficult time locating and repairing it. Members of the Montgomery Highlands
Landowners Association state they were informed by the repair service that portions of the system are
now irreparable and that the system should be replaced.
Before this problem occurred,District staff met with Association members to reach agreement on how
best to provide a continuing source of water to the Montgomery Highlands area,in conjunction with
acquiring the Lower and Upper Parcels. The District discussed using its bonding capabilities to form a
proposed assessment district that would only include the 22 current users and the two additional
undeveloped parcels with easements to the Upper Parcels' water system. As of February 2000,20 of the
24 potential users signed a letter of intent to work with the District to form an assessment district that
would contract with San Jose Water Company to construct and assume ownership and management of the
replacement water system. The property owners have also contracted with San Jose Water Company to
prepare preliminary plans, specifications, and a cost estimate for the replacement of the water system with
a main extension service. San Jose Water Company has contracted with Cotton Shires, Inc., a
geotechnical firm,to investigate potential sites for a new water tank. The proposed site is located on the
Upper Parcels on an elevated ridge approximately 200 feet north of the existing tanks. The geotechnical
work is in its preliminary states, however, a preliminary report states that this site is underlain by
weathered greenstone bedrock, and is the recommended site for the proposed water tank.5 The
Association has authorized release of a copy of the geotechnical report to the District when it is complete.
Costs of the replacement water system are currently estimated at approximately $1.5 million.The District
would contribute $800,000 for the project to be undertaken by the Association, and each property owner
would contribute a pro rated share of the difference between the District's contribution and the cost of
construction.
LANDSLIDE AREA
A landslide has occurred in recent years along an area near the southeastern extension of Overlook Drive,
at the north entrance to the Upper Parcels. Most of the slide is downslope on a privately-owned parcel
that is undeveloped. Responsibility for this landslide is currently the subject of litigation between the
current project site owners and the owners of the parcel located below Overlook Drive. The downslope
private property owner has claimed grading along the Overlook Drive extension caused the slide; the
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current owners believe grading activity on the private property undercut the slope, thereby causing the
landslide.
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' Smelser,Mark G.,Senior Engineering Geologist,and John M. Wallace,Senior Engineering Geologist,Cotton,Shires&
Associates, letter to ESA,April 18,2000. (Also attached hereto as Attachment A.)
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addition to El Sereno Open Space Presene Initial Study 7 ESA'200216
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INITIAL STUDY AND PROPOSED. 3ATED NEGATIVE DECLARATION
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TRAILS, ROADS AND ACCESS
The Upper Parcels are currently closed to the general public. The District estimates that fewer than two
or three neighbors use the roadways each day for hiking and equestrian purposes. In the interests of
security and safety near their homes,residents have in the past provided useful information about
activities on the site.
An unpaved 1.25-mile extension of Overlook Drive provides the primary road access through the Upper
Parcels. However,locked gates have been installed at both ends of the extension of Overlook Drive. In
addition, access to the southern portion of the Overlook Drive extension is provided to the District for
patrol purposes by an easement through the Upper Parcels. The Overlook Drive extension begins at the
end of the paved portion of Overlook Drive,where the centerline of the road forms a 382-foot segment of
the west boundary of an adjacent private property. The eastern half of this road segment constitutes an
easement to the project site. Locked gates have been also been installed at the entry to this adjacent
private property at the end of the paved portion of Overlook Drive.
Another roadway,also beginning at the end of the paved portion of Overlook Drive, follows a
southwesterly direction for 1.5 miles into the San Tomas Aquinas Creek watershed. This roadway is
narrow and becomes impassable after approximately 1.5 miles. This roadway may at one time have
connected to Bohlman Road, above the Villa Montalvo Arboretum. A short intersecting path connects to
the water tanks.
Although there are other trails on the project site,with the exception of a short pathway from Canon
Drive near San Tomas Aquinas Creek,these trails have become overgrown.
As noted above, access to the Upper Parcels is further restricted by narrow public roadways in the vicinity
of the project site and a prohibition against parking along the roadways. No-parking signs are posted
throughout the area, and the Montgomery Highlands Landowners Association has hired a security service
to patrol the area.
DISTRICT PATROLS
District patrol staff currently pass through the Upper Parcels,using the easement, approximately once
every two weeks in the warm weather months,and approximately once a month during the winter months.
District patrols are sworn peace officers and are trained firefighters.
PROPOSED PROJECT OPERATIONS
The 258.81-acre Upper Parcels would expand El Sereno Open Space Preserve to an estimated total of
1,411 acres and would provide a connection between the two non-contiguous areas of the Preserve along
the northern borders of both existing Preserve areas. The District's goal would be to preserve and
maintain the natural environment of the Upper Parcels, and this addition to El Sereno would assure a link
between four adjacent,but currently separated, open space areas and parks, and provide the potential for
links to regional trails in the future. This use would conform with both the Santa Clara County General
Plan designation and with the uses permitted under the Williamson Act. The District would prohibit
Addition to El Sereno Open'Space Preserve Initial Study 8 ESAi200216
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INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION
access b the ge
neral public
bltc to the Upper Pa
rcels for t Y g he foreseeable future pri
marily marl because f difficult
PP :P Y
o ficult
access.
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PROPOSED WATER SYSTEM
The District would acquire easements and other rights related to the existing water system by contributing
$800,000 toward the construction of a replacement water system that would serve existing users and
easement holders. The replacement system would consist of a new 160,000 gallon water tank and new
pipelines that would be installed along Canon,Hidden, Little Brook and Overlook Drives. The tank
would likely have a diameter of approximately 40 feet, and would be either constructed completely above
ground to a height of less than 20 feet, or slightly submerged. Upon completion of the system,the
District would convey ownership of both the Lower Parcel and water tank site, if the site is located on the
Upper Parcels,to the San Jose Water Company.
The existing water tanks would be excavated, and the excavated materials broken up and either buried on-
site in the holes left by removing the tanks, or hauled off-site. In addition,the limited amount of soil that
is excavated for the new water tank,and any additional soil remaining after trenching for new pipelines is
complete, would be deposited at the site of the old tanks, and the area restored to its natural condition.
Any excess would be taken off site. The remainder of the water system, including all existing
underground pipelines,would be abandoned in place. A hydrant would be placed near District land for
emergency purposes.
The Montgomery Highlands Landowners Association would contract with the San Jose Water Company
for construction of a replacement water system with an extension main system that would most likely use
a site near the existing water tanks for a new water tank. The system would also include installation of
new pipelines under existing roads to serve the 22 existing users and two additional undeveloped parcels
that have easements. The replacement water system would include installation of hydrants throughout the
Montgomery Highlands area, including areas near the Upper Parcels. Although the details and plans are
not yet finalized, the system would ultimately be owned and operated by the San Jose Water Company.
Up to nine additional undeveloped parcels could be added to the system if permitted by the San Jose
Water Company and by Santa Clara County, and these additional users could be required to pay a
proportional share to join the system. These nine parcels are under severe building constraints related to
slope and sewer system connections, and are not part of this project. The District has no authority over
these potential additional users who not part of the existing water system.
If the Association is unsuccessful in replacing the water system on its own. the District may form an
assessment district with the members of the Association and the owners of the two undeveloped parcels
having easements to the existing water system. Establishment of an assessment district would take
approximately one year. In this scenario, the District would contribute $800,000 towards the replacement
water system, and use its bonding authority to form the assessment district for the purposes of contracting
with the San Jose Water Company to construct, maintain and operate the replacement water system. Due
to the condition of the water system, and the Association's desire to proceed with replacement of the
water system this year, the formation of an assessment district may not be likely, but is still be a
possibility.
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Addition to El Sereno Open Space Preserve Initial Study 9 "c$.4 200216
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INITIAL STUDY AND PROPOSED, .i,ATED NEGATIVE DECLARATION
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ROAD MAINTENANCE
jWith the $800,000 payment and concurrent with the purchase of the easements, the District would also be
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quitclaimed obligations to maintain roads in the Montgomery Highlands area. The District would assume
the responsibility of maintaining the extension of Overlook Drive through the Upper Parcels in a passable
condition, for its own use and for emergency purposes. The District and the Association would assume a
pro rata share of the responsibility for road maintenance,based on how much of the road system is
regularly used by each parcel owner for property access,consistent with section 845 of the California
Civil Code.
COMPREHENSIVE USE AND MANAGEMENT PLAN
Upon close of escrow,the Upper Parcels would become part of the Comprehensive Use and Management
Plan for El Sereno Open Space Preserve,adopted by the District Board on October 28, 1987. This is
considered to be an interim plan,pending completion of a long-term plan.
ADDITIONAL PARK IMPROVEMENTS AND OPERATION
Upon the close of escrow,the District would also:
• Install boundary and preserve regulatory signs as appropriate;
• Install a gate on the north boundary at the end of Overlook Drive; and replace the gate on the road
leading to the existing water system;
• Maintain the Overlook Drive extension for patrol and emergency purposes.
All trails and roadways within the Upper Parcels would continue to be closed to the general public, and
no parking would be allowed near the creek or anywhere else in the vicinity of the Upper Parcels. The
District would patrol the Upper Parcels with the same frequency it currently patrols the Upper Parcels:
approximately twice per month during warm weather months,and once per month during winter months.
The District would increase patrol frequency if needed.
TERMS AND FUNDING
The Midpeninsula Regional Open Space District would acquire the project site for an anticipated price of
approximately S2.3 million, to be paid in cash at the close of escrow. An agreement to purchase the
property will expire on May 10, 2000. The purchase price is considered to be below the market value of
the property. Including the $800,000 contribution for construction of a replacement water system, the
cost would total approximately S3.1 million. The cost would be paid by the District from its 1999/2000
Budget for Land Acquisition.
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:addition to El Sereno Open Spate Preserve Initial Study 10 ESA 2002 i 6 a
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INITIAL STUDY AND PROPOSED, (GATED NEGATIVE DECLARATION_
MITIGATION MEASURES
The District propose's that the mitigation measures described in this Initial Study become part of any
disposition agreement by the District for construction associated with the proposed replacement water
system.
RELATED PROJECTS
The Upper Parcels are identified in the Santa Clara County Bicycle and Trail Plan as part of a regional
trail system that connects Villa Montalvo Arboretum, Sanborn County Park,and El Sereno Open Space
Preserve. To date,the County has not established any trails on its lands that would link its adjacent parks
with El Sereno.
Addition to El Sereno Open Space Preserve Initial Study 11 ESA 200216
- - - - - - - - - - --------------
INITIAL STUDY AND PROPOSED, jATED NEGATIVE DECLARATION
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages.
Aesthetics
❑ Agriculture Resources Air Quality
❑ ics
Z Biological Resources Cultural Resources Z Geology/Soils
❑ Hazards &Hazardous Materials Z Hydrology/Water Quality ❑ Land Use/Planning
❑ Mineral Resources Z Noise ❑ Population/Housing
❑ Public Services ❑ Recreation Z Transportation/Traffic
❑ Utilities/Service Systems ❑ Mandatory Findings of Significance
DETERMINATION: (To be completed by lead agency)
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect on the environment,and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project may have a"potentially significant impact"or"potentially
significant unless mitigated"impact on the environment,but at least one effect 1)has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects(a)have been analyzed adequately in an earlier EIR
pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier
EIR, including revisions or mitigation measures that are imposed upon the proposed project,
nothing further is required.
ZO —20c—
Signature Date
A-01ve-ey1wsu,Printed Name For
Addition to E)Sereno Open Space Preserve hu::a:Stud% 12 ESA'200216
INITIAL STUDY AND PROPOSED,...OGATED NEGATIVE DECLARATION
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EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except"No Impact"answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each question.
A"No Impact'answer is adequately supported if the referenced information sources show that the
impact simply does not apply to projects like the one involved(e.g., the project falls outside a fault
rupture zone). A"No Impact'answer should be explained where it is based on project-specific
factors as well as general standards(e.g., the project will not expose sensitive receptors to pollutants,
based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3) Once the lead agency had determined that a particular physical impact may occur,then the checklist
answers must indicate whether the impact is potentially significant,less than significant with
mitigation, or less than significant. "Potentially Significant Impact'is appropriate if there is
substantial evidence that an effect is significant. If there are one or more"Potentially Significant
Impact'entries when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated"applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact'to a
"Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly
explain how they reduce the effect to a less-than-significant level (mitigation measures from
Section XVH, "Earlier Analyses,"may be cross-referenced).
5) Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process,an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within
the scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based on
the earlier analysis.
c) Mitigation Measures. For effects that are"Less than Significant with Mitigation Measures
Incorporated", describe the mitigation measures which were incorporated or refined from the
earlier do
cument and the extent which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated.
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7) Supporting Information Sources: A source list should be attached, and other sources used or
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individuals contact should be cited in the discussion.
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8) This is only a suggested form, and lead agencies are free to use different formats.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significant.
Addition to El Sereno Open Space Presene Initial Study 13 ESA'200216
INITIAL STUDY AND PROPOSED JATED NEGATIVE DECLARATION-
ENVIRONMENTAL IMPACTS
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
I. AESTHETICS--Would the project:
a) Have a substantial adverse effect on a scenic vista? El 0 El R
b) Substantially damage scenic resources,including,
but not limited to,trees,rock outcroppings,and
historic buildings within a state scenic highway? ❑ El El 0
c) Substantially degrade the existing visual character
or quality of the site and its surroundings? El FJ 9 R
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area? El R R E
Discussion:
a) The proposed project could result in construction of a 160,000-gallon water tank with an
approximate diameter of 40 feet and a maximum height of 20 feet,at a location 200 feet north of
the existing two 50,000 gallon tanks. As a result,the new tank may be visible from lower
elevations,and could result in disruption and discontinuity to the existing panorama of scenic vistas
visible from the project site,near the project site, or from more distant locations. The incorporation
of the following mitigation measure would lessen the potential impact of the proposed water tank
on scenic vistas to a less than significant impact:
Mitigation Measure VISA: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. The District shall require that the area surrounding the
replacement water tank,to be located 200 feet north of the existing water tanks,be replanted
with native trees and plants that together form visual walls around the outside of the water
tank to lessen the tank's visibility.
Mitigation Measure VIS.2: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. The District shall require that the replacement water tank,to be
located 200 feet north of the existing water tanks, shall be submerged below grade,to the
extent possible.
Mitigation Measure VIS.3: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. The District shall require that the outer walls of the replacement
water tank, to be located 200 feet north of the existing water tanks,shall be painted with non-
reflective paint,in a color that blends with the surrounding landscape.
Udition to El Serena Open Space Preserve Initial Study 14 ESk,200216
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INITIAL STUDY AND PROPOSED..—.tGATED NEGATIVE DECLARATION
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b) The Department of Transportation administers California's State Scenic Highway program. The
proposed project area does not contain and is not adjacent to a designated state scenic highway.b
The project site is visible from a portion of SR 9(Los Gatos Road),which has been designated a
State Scenic Highway.? The project site would not,however, form a visually separate and distinct
part of the hill scenery,and would not disrupt the continuity of the scenery visible from SR 9.
Mitigation Measures VIS.1,VIS.2 and VIS.3 would assure that the continuity of the scenery would
not be broken by the potential construction of a replacement water tank on the Upper Parcels,nor
by removal of the existing tanks. The District would restore the area to its natural condition after
the existing tanks are removed. No other changes to the Upper Parcels are proposed as a part of
this project, and the project would preserve all other existing conditions on the project site. The
proposed project would therefore have a less than significant impact on a scenic highway.
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c) With the exception of the proposed construction related to replacing the water tanks on the project
site,the proposed project would preserve the existing visual character and quality of the proposed
site by maintaining the existing environment as an open space preserve. Mitigation Measures
VIS.1, VIS.2 and VIS.3,described under(a)above,would lessen the potential impact of a new
water tank to a less than significant impact.
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d) With the exception of the proposed construction related to replacing the water tanks on the project
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site, the proposed project would not include new structures. The water tank would not include
lighting or any glass or other reflective materials. Mitigation Measure VIS.3, described under(a)
above,would assure nonreflective coloring for the potential water tank, and eliminate the potential
for the water tank to create a new source of light or glare.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
II. AGRICULTURE RESOURCES: In determining
whether impacts to agricultural resources are
significant environmental effects, lead agencies may
refer to the California Agricultural Land Evaluation
and Site Assessment Model prepared by the California
Department of Conservation as an optional model to
use in assessing impacts on agriculture and farmland.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance(Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use? ❑ ❑ ❑
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6 Department of Transportation,State of California,California Scenic Highway Program,
http:''G4%%,v.dot.ca.eov.hq.[-andArch/scenic'schwvl.html,March 14,2000.
I 7 Mid.
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INITIAL STUDY AND PROPOSED (GATED NEGATIVE DECLARATION
Less Than
Significant
Potentially With Less Than
Significant Mitigation significant No
Impact Incorporation Impact Impact
II. AGRICULTURE RESOURCES(cont):
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract? ❑ ❑ ❑
c) Involve other changes in the existing environment
which, due to their location or nature, could result
in conversion of farmland,to non-agricultural use?
Discussion:
a) The proposed project area is not designated as Prime Farmland,Unique Farmland or Farmland of
Statewide Importance as shown on the 1998 Santa Clara County Important Farmland map,
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources
Agency.8
b) See response to (a)above. The Williamson Act is a procedure authorized under state law to
preserve agricultural lands as well as open space. Property owners entering into a Williamson Act
contract receive a reduction in property taxes in return for agreeing to protect the land's open space
or agricultural values.9 A 151.37-acre portion of the project area(Assessor's No. 517-16-009)is
protected under a Williamson Act contract. According to the California Department of
Conservation, the proposed acquisition of this parcel would"help preserve the scenic coastal
ridgelines,and the wildlife and watershed habitat."10 The Department of Conservation also notes:
"It is the policy of the State (Government Code section 51290)that public agencies avoid the
acquisition of land in agricultural preserves unless specific findings can be made. However, since
the District's request is for purposes consistent with the objectives of the Act, pursuant to
Government Code section 51293(e)(3) and 0)the District is exempt from the findings required
under Government Code section 51292."11
The proposed project would therefore not conflict with existing zoning for agricultural use or a
Williamson Act contract.
c) See responses to (a)and(b) above. With the exception of the proposed construction related to
replacement of the water system,the proposed project would retain the existing environment. The
project site is not now used and has not been used in the past for farmland.
8 California Department of Conservation,Division of Land Resource Protection,Santa Clara County Important Farmland
1998.
9 Santa Clara County Planning Office, Williamson Act,htto: �%�,%x�.sccplannin�,.ori,/envwill.htm,May 20, 1999.
10 Amodio,John,Chief, Division of Land Resource Protection,letter to the 4lidpeninsula Regional Open Space District,
April 9, 1999.
11 Ibid.
40 Addition to El Screno Cten Space Prcser.e Initial Stud% 16 ESA,200216
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INITIAL STUDY AND PROPOSED„u fIGATED NEGATIVE DECLARATION
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No I
Impact Incorporation Impact Im act
III. AIR QUALITY: Where available,the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan? ❑ ® ❑ ❑
b) Violate any air quality standard or contribute to an
existing or projected air quality violation? ❑ ® ❑ ❑
c) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project
region is non-attainment under an applicable
federal or state ambient air quality standard j
(including releasing emissions which exceed
quantitative thresholds for ozone precursors)? ❑ ® ❑ ❑
d) Expose sensitive receptors to substantial pollutant
concentrations? ❑ ❑ ® ❑
e) Create objectionable odors affecting a substantial
number of people? ❑ ❑ ® ❑
Discussion:
a) The project site is located in the San Francisco Bay Area Air Basin (Bay Area), a region that is
designated as a"non-attainment" area(i.e., currently experiences violations)with respect to state
and national ambient air quality standards for ozone,as well as state standards for respirable
particulate matter(PM-10). The Bay Area is also designated as a"maintenance"area with respect
to carbon monoxide standards. The "maintenance"designation corresponds to areas that had once
been designated as "non-attainment" for a given pollutant,but have since been re-designated in
recognition of having achieved the standard.
The project would affect air quality temporarily during construction primarily due to earthmoving
activities related to trenching and excavation work adjacent to or under existing roadways for new
water pipes along Canon, Hidden, Little Brook and Overlook Drives. The principal concern would
be PM-10. Because of the highly constrained access to the site, including a lack of parking, the
project would likely not generate additional traffic.
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Excavation work in or along existing roadways could generate fugitive dust. Dust emissions would
vary from day to day, depending on the level and type of activity, silt content of the soil, and the
prevailing weather. A large portion of the total dust emissions would result from equipment and
motor vehicle traffic over unpaved roads at the project site, if a replacement tank is constructed on
the project site. Other sources of fugitive dust during removal of existing water tanks, restoration
of the existing tank area, construction of a replacement water tank and trenching activities related to
new water pipes would include earth movement, grading, and wind erosion from temporarily
exposed surfaces. Dust generated by demolition activities would elevate local PM-10
concentrations and may result in nuisance effects for nearby uses, such as nearby residences.
-addition to El Screno Open Space Presene Initial Study 17 ESA,200216
INITIAL STUDY AND PROPOSED, tGATED NEGATIVE DECLARATION
To evaluate temporary construction-related air quality impacts,BAAQMD(Bay Area Air Quality
Management District) CEQA Guidelines emphasize implementation of effective and
comprehensive dust control measures rather than detailed quantification of air pollutant
emissions.12 Under the BAAQMD-recommended approach, implementation of appropriate dust
mitigation measures would reduce PM-10 emissions from construction activities such that local
PM-10 concentrations would not be significantly affected. Conversely,without implementation of
i
appropriate mitigation,the associated impact can be presumed to be significant.
Mitigation Measure AQ.1: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. The District shall require implementation of BAAQMD basic
i
control measures to control dust during excavation and construction activities.
The BAAQMD provides guidance as to what may reasonably be considered"appropriate"dust
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mitigation. A package of measures referred to as"basic control measures"applies at all
construction sites,while an"enhanced"package of measures applies at construction sites that are
larger than four acres. Since the area that would be subject to heavier excavation activities under
this project would be less than 0.5 acres, and would include trenching along the street right-of-
ways, the package of basic control measures would be sufficient to reduce construction-related PM-
10 emissions to less than significant.
The project sponsor would conform with the BAAQMD's recommended basic air quality control
measures related to dust control:
• Water all active exposed excavation and construction areas at least twice daily;
• Cover all trucks hauling debris,soil, or other loose materials, or require all trucks to maintain
at least 2 feet of freeboard;
• Pave, apply water three times daily, or apply nontoxic soil stabilizers on all unpaved access
roads,parking areas, and staging areas,
• Sweep daily(with water sweepers) all paved access roads,parking areas, and staging areas at
demolition sites and the landslide area;
• Sweep streets daily(with water sweepers), if visible debris material is carried onto adjacent
public streets.
b) See response to(a) above.
c) See response to (a) above.
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d) The proposed project would result in excavation and construction activities in close proximity to
occupied residential structures in the Montgomery Highlands area. Any exposure from
construction activities would be temporary. In addition, most residences are set back from the
i
roadway. All parcels in the Montgomery Highland area are designated by the General Plan as
"hillside", and most are within a clustered residential area, developed prior to the General Plan's
"20-160 acre variable slope-density formula." Parcels are typically one to two acres in size.
Trucks and vehicles related to construction of the replacement water system would most likely use
Bay Area Air Quality Management,BAAQMD CEQA Guidelines,Assessing the Air Quality lntpacts of Projects and Plans,
April 1996.
Addition to El Sereno Open S,aie Preseme Initial Study 1$ ESA'200210
INITIAL STUDY AND PROPOSED NI1TIGATED NEGATIVE DECLARATION
existing roadways to access the existing water tank site and the replacement water tank site,located
200 feet north of the existing tanks. The existing concrete water tanks would be removed, and the
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concrete would be buried in the remaining holes or hauled off-site. Soil excavated from the site of
the replacement water tank would also be deposited in the holes left by the removal of the existing
water tanks, and the area restored to its natural condition. Existing underground pipelines would be
abandoned. Because most residences are set back from the roadway,the water tank sites are
from residences,and because the nearest schools are located
located in an area separated and apart
approximately four to six miles from the project site in Los Gatos and in Saratoga,the proposed
project would not expose sensitive receptors to substantial pollutant concentrations.
I
e) During construction of the replacement water system,combustion emissions from operation of
I
heavy-duty diesel equipment may include odorous compounds. These odors might be noticeable in
the immediate proximity of the construction site,but they would be temporary and intermittent and,
therefore,would result in a less than significant impact.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
IV. BIOLOGICAL RESOURCES--Would the
project:
a) Have a substantial adverse effect,either directly or
through habitat modifications, on any species
identified as a candidate, sensitive,or special-
status species in local or regional plans,policies,
or regulations,or by the California Department of
Fish and Game or U.S.Fish and Wildlife Service? Q ® ❑
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans,policies,
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service? ❑ ❑ ❑
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act(including,but not limited to,
marsh, vernal pool,coastal, etc.)through direct
removal, filling, hydrological interruption,or other
means? 0 ❑ El
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
corridors, or impede the use of native wildlife
nursery sites? ❑ ❑ ❑
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance? ❑ ❑ ❑
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Conservation
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Addition to El Sereno Oper,Space Presene Initial Studv 19 ES.-L'200216
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INITIAL STUDY AND PROPOSEL _fIGATED NEGATIVE DECLARATION
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Community Plan, or other approved local,
regional,or state habitat conservation plan? ❑ ❑ ❑
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Discussion:
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a) With the exception of potential earthmoving activities at the proposed tank site,the proposed
project would retain the existing environment. Grading activities would occur at the proposed tank
site to accommodate the proposed 160,000 gallon water tank. Soils from grading activities would
be deposited at the old tank site and would provide topsoil for vegetation restoration. With the
exception of piping that would be installed in existing dirt roads on the project site and in paved and
dirt roads in the adjacent neighborhood,no other off-site areas or portions of the 258-acre site
would be disturbed by the proposed project.
Based upon a March 2000 biological reconnaissance survey of the project site,13 potentially suitable
habitat was detected for eight special-status plant species and at least six animals,including nesting
raptors such as Cooper's hawk and sharp-shinned hawk and federally protected bat species. A list
of these species is provided in Table IV-1. Though suitable habitat may exist elsewhere on the 258-
acre site,no special-status plant or wildlife species were observed during field surveys of the
proposed tank and soil deposition site. Some special status plant species are potentially
undetectable, since the reconnaissance survey was conducted outside the period of identification.
In addition,according to records maintained by the California Natural Diversity Database
(CNDDB),no special-status animal taxa were reported from the site or the immediate vicinity.
Special Status Wildlife. No slow-moving streams,ponds, or pool habitats were identified that
would support California red-legged frog(Rana aurora draytonii),western pond turtle(Clemmys
marmorata), or California tiger salamander(Ambystoma californiense). Only upland habitats
would be affected by the proposed tank installation and soils deposition. With the exception of
forested areas that may provide habitat for forest-nesting raptors and roosting sites for special status
bats, habitats that would be permanently or temporarily disturbed at the proposed tank site, soil
deposition site, and on soil-moving transit routes do not provide habitat for special status wildlife
species that occur locally or regionally.
Potential nesting habitat for at least two non-listed special-status raptor species occurs within or
near the proposed tank site and along the soil transport route. Cooper's hawk and sharp-shinned
hawk,both woodland species, may nest in the dense forested areas in and above the proposed tank
site. If these species are present,human disturbances from construction activities could temporarily
alter nestingbehavior and may contribute to a loss of reproductive otential Yat active nests locate
d
P
near the project routes. This would be considered
P J a significant impact. With mitigation,anon this
�
impact is considered less-than-significant.
Impacts to special status bat species resulting from the project include the potential for destruction
of individual bats, if present, and the loss of suitable roosting habitat in project area trees. Tree and
vegetation removal would be considered a minor, temporary project impact without long-term
effects to individual species. A comprehensive bat survey has not been performed at the project
site, though the species most likely to be affected by the project are the greater western mastiff bat,
small-footed myotis, long-eared myotis, long-legged myotis, Yuma myotis, and Townsend's big-
eared bat. Only small diameter trees of less than six inches would be removed to accommodate the
project. Roosting sites are not likely in small trees. The open wooden ceiling of the existing water
13 This survey was conducted by staff from Environmental Science Associates(ESA).
Addition to El Sereno Open Space Preserve Initial Stud4 20 ESA'_0021
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INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION
tank provides roosting habitat several bat species and would be removed under the proposed
project. On April 11, 2000, this water tank was inspected by a wildlife biologist. There were no
bats roosting in the tank,nor was there any evidence that bats had ever been in the tank.14
However, construction noise, and tank and tree removal could significantly impact roosting bats, if
nearby. Construction noise could cause bats to abandon their roosts and result in reproductive
failure.
Special Status Plants. Based on the absence of serpentine soils, no special status plant species are
expected at the proposed tank site or the existing tank site (that would be restored) or within
roadways. Several special status plant species from the region are adapted to serpentine soil
conditions and are considered unlikely at the existing tank or replacement tank site due to the
extreme density of chaparral plant species and resulting lack of understory species. Serpentine soils
were identified within 1/4 mile of the existing tank and replacement tank site,however,habitat for
special status plants was not identified during surveys. Plant species considered for this project
include: Mt.Hamilton thistle(Cirsiumfontinale var. campylon), Santa Clara Valley dudleya
(Dudleya setchellff), fragrant Hillary(Fritillaria liliacea),smooth lessingia(Lessingia micradenia
var.glabrata), woolly headed lessingia(Lessingia hololeuca),Metcalf canyon jewel-flower
(Streptanthus albidus ssp. albidus), coyote ceanothus(Ceanothusferrisae),and most beautiful
jewel-flower(Streptanthus albidus ssp.peramoenus).
The District has a longstanding policy of conducting surveys on newly acquired open space.15
Mitigation measures presented below would assure that soil stockpiling at the chosen deposition
site or soil removal at the proposed tank site would not unknowingly imperil any candidate,
sensitive or special status plant or wildlife species, in accordance with District policy.
Mitigation Measure 1310.1: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. In order to avoid potential impacts to nesting raptors, a no-
disturbance buffer zone shall be established around active nests during the breeding season.
If construction activities and/or activities related to removal of the existing tanks are
scheduled to occur during the breeding season,pre-construction surveys of all potentially
active nest sites within 0.5 mile of the affected project routes would be conducted in areas that
may potentially have nesting raptors. If construction activities and/or activities related to
removal of the existing tanks are scheduled to occur during the non-nesting season,then no
surveys would be required. If surveys indicate that nests are inactive or potential habitat is
unoccupied during the construction and/or tank removal period, no further mitigation would
be required. If active nests are found, the District shall require establishment of a 500 foot
no-disturbance buffer around the active nest.
The size of individual buffers may be adjusted based on an evaluation of the site by a
qualified raptor biologist. The evaluation would be based on the presence of topographical
features that obstruct the line of site from the construction and/or tank removal activities to
the nest or observations of the nesting pair during construction based on the level of ongoing
disturbance (e.g., existing site traffic) and the observed sensitivity of the birds. Site
evaluations and buffer adjustments would be done in consultation with the local CDFG
representative. The portion of the project route that is within the designated buffer would be
identified in the field by staking and flagging. If tank construction activities and/or activities
14 Woods, Del, Senior Acquisition Planner,Midpeninsula Regional Open Space District,telephone conversation,April 17,
2000.
Midpeninsula Regional Open Space District,Open Space Use and Management Planning Process,March 31, 1991.
\JJmon to E]Screno 0-,cn Space Presenc Initial Study 21
ESA,200216
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INITIAL STUDY AND PROPOSEL IGATED NEGATIVE DECLARATION
related to removal of the existing tanks occur only during the non-breeding season between
August 31 and February 1,no surveys are required.
Addition to El Serena Open Space Preserve Initial Study 22 ESAr200216
INITIAL STUDY AND PR P Eb O OS ...TIGATED NEGATIVE DEC
LARATION
TABLE IV-1
SPECIAL STATUS SPECIES POTENTIALLY OCCURRING
IN THE EL SERENO OPEN SPACE PRESERVE DISTURBANCE AREAS
Listing Status
Common Name USFWS/CDFG/
Scientific Name CNPS General Habitat Project Area Occurrence
Federal or State Listed and Proposed Listed Species
Fish
Central California coast FT/-- Drainages of Calif.coastal rivers No habitat occurs near the proposed
steelhead disturbance areas. No downstream
Oncorhynchus mykiss effects are anticipated that would
affect this species.
Amphibians
California red-legged frog FT/CSC Breed in stock ponds,pools,and No habitat on proposed disturbance
Rana aurora draytonii slow-moving streams with emergent areas;habitat may occur elsewhere on
vegetation property and would be protected by
the proposed project.
Plants
Coyote ceanothus FE/--/List 1 B Serpentine chaparral,scrub,and Serpentine soils were identified at both
Ceanothus ferrisae grasslands in the Mt.Hamilton soil deposition sites and at the lower
Range. water tank site.
Santa Clara Valley dudleya FE/--/List 1 B Rocky outcrops in serpentine valley Serpentine soils were identified at both
Dudleya setchellii foothill grasslands. soil deposition sites and at the lower
water tank site.
Metcalf Canyon jewelflower FE/--/List 1 B Serpentine soils and rock outcrops of Serpentine soils were identified at both
Streptanthus albidus ssp. valley foothill grasslands. soil deposition sites and at the lower
albidus water tank site.
Federal or State Species of Concern
Amphibians
California tiger salamander FSC/CSC Wintering sites occur in grasslands No nearby sightings reported;only
Ambystoma californiense occupied b burrowing mammals• u up
land forested ha v P Ybriars would
be
P
breed in ponds and vernal pools disturbed
b the proposed
I P sed project.
P
Y P Po P 1
Foothill yellow-legged frog FSC/CSC Requires permanent streams with No habitat in project area;habitat may
Rana boylii pools and rocks occur elsewhere on property and
would be protected b th e proposed
P Y
project.
Reptiles
Silvery legless lizard FSC/CSC Coastal scrub.chaparral,valley- No suitable habitat or reports of this
Anniella pulchra pulchra foothill riparian species from the project area.
Western pond turtle FSC/CSC Requires permanent streams and No suitable habitat in the project area.
Clenrmys marmorata creeks with sandy banks for egg
laying
California horned lizard FSC/CSC Requires friable soils and ant No suitable habitat in the project area.
Phrynosoma coronation populations in a variety of habitats
Birds
Tricolored blackbird FSC/CSC Nests in freshwater marshes with No habitat occurs on the proposed
Agelaius tricolor dense stands of cattails or bulrushes, disturbance areas;the forested portions
occasionally in willows,thistles, of the site do not provide habitat for
mustard,blackberry brambles,and this species.
dense shrubs and grains
Addition to El Sereno Open Space preserve Initial Study 23 ESA"200216
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INITIAL STUDY AND PROPOSE.. fIGATED NEGATIVE DECLARATION
TABLE IV-1 (Continued)
SPECIAL STATUS SPECIES POTENTIALLY OCCURRING
IN THE EL SERENO OPEN SPACE PRESERVE DISTURBANCE AREAS
Listing Status
Common Name USFWS/CDFG/
Scientific Name CNPS General Habitat Project Area Occurrence
Federal or State Species of Concern
Birds(cono
Burrowing owl --/CSC/3503.5 Nests and forages in low-growing No habitat occurs on the ro sed
P Po
Speotyto cunicularia grasslands that support burrowing disturbance areas;the forested portions
mammals of the site do not provide habitat for
this species.
Mammals
San Francisco dusky-footed FSC/-- Forests with moderate canopy cover and No reports in the project area;no
woodrat
brush urxiersto evidence Y n' Bence of site occupancy. Habitat
Neotoma ciliolabrum
ma occur elsewhere on roe an Y property rty d
would be protected
p by the proposed
project.
Greater western mastiff bat FSC/CSC Needs rock crevices,grassland, Roosting habitat available in large
Eumops perotis coastal scrub;may use urban areas diameter trees.
californicus
Small-footed myotis FSC/CSC Roosts in caves,buildings,mines and Roosting habitat available in large
Myolis ciliolabrum crevices,sometimes bridges and bark diameter trees.
Long-eared myotis FSC/CSC Roosts in buildings,crevices,under Roosting habitat available in large
,Lyons evotis bark,snags,forests diameter trees.
Long-legged myotis FSC/CSC Roosts in rock crevices,buildings, Roosting habitat available in large
Myotis volans tree bark,snags,mines and caves diameter trees.
Yuma myotis FSC/CSC Roosts in buildings,mines,caves, Habitat for this species does not occur
Myotis yumanensis crevices in the disturbance areas.
Townsend's big-eared bat FSC/CSC Roosts in caves and buildings in Habitat for this species does not occur
Plecotus townsendii colonies in the disturbance areas.
townsendii
Plants
N,it.Hamilton thistle FSC/--/List 1 B Found in serpentine seeps and near Serpentine soils were identified at both
Cirsium fontinale var. streams of chaparral,cismontane soil deposition sites and at the lower
campylon woodland and valley foothill water tank site.
grassland
Fragrant fritillary FSC/--/List 1 B Coastal scrub and grasslands on No nearby sightings reported:only
Fritillaria liliacea ultramafic(clay)soils upland forested habitats%;o,,:`d be
disturbed by the proposed project.
Woolly headed lessingia --/--/List 3 Coastal scrub and valley foothill Serpentine soils were identified at both
Lessingia hololeuca grassland on clay or serpentine soil deposition sites and at the lower
water tank site.
Smooth lessingia FSC/--!List 1 B Chaparral areas with serpentine soils; Serpentine soils were identified at both
Lessingia nticradenia var. often on roadsides soil deposition sites and at the lower
glabrata water tank site.
Nlost beautiful jewelflower FSC/--/List 1 B Serpentine outcrops in chaparral and Serpentine soils were identified at both
Streptanthus albidus ssp. valley foothill grassland habitats;on soil deposition sites and at the lower
peramoenus ridges and slopes water tank site.
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.addition to El Sereno Open Space preserve Initial Study 24 ESQ 200216
INITIAL STUDY AND PROPOSED,v..i IGATED NEGATIVE DECLARATION
TABLE IV-1 (Continued)
SPECIAL STATUS SPECIES POTENTIALLY OCCURRING
IN THE EL SERENO OPEN SPACE PRESERVE DISTURBANCE AREAS
STATUS CODES:
FEDERAL:(U.S.Fish and Wildlife Service)
FE=Listed as Endangered(in danger of extinction)by the federal government.
FT=Listed as Threatened(likely to become endangered within the foreseeable future)by the federal government.
FP=Proposed for Listing as Endangered or Threatened.
FC=Candidate to become a proposed species.
FSC=Federal Species of Concern. May be endangered or threatened,but not enough biological information has been gathered to
support listing at this time.
STATE:(California Department of Fish and Game)
CE=Listed as Endangered by the State of California
CT=Listed as Threatened by the State of California
CR=Listed as Rare by the State of California(plants only)
CSC=California Species of Special Concern
*=Special Animals
3503.5=Protection for nesting species of Falconiformes(hawks)and Strigiformes(owls)
California Native Plant Society
List I A=Plants presumed extinct in California
List I B=Plants rare,threatened,or endangered in California and elsewhere
List 2=Plants rare,threatened,or endangered in California but more common elsewhere
List 3=Plants about which more information is needed
List 4=Plants of limited distribution
SOURCES:Environmental Science Associates 2000;CNDDB 1999; CNPS 1999.
To avoid effects on active nest sites, tank removal, restoration and tank installation activities
may not occur within specified buffer zones during the February 1 to August 31 breeding
period,or until it is determined that young have fledged. Implementation of these measures
would reduce potential project impacts to nesting raptors to a less-than-significant level.
Mitigation Measure BIO.2: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. To protect potential breeding bats, pre-construction surveys and
avoidance measures will be implemented. Tree removal to accommodate the tank site will not
occur between May I and September 15 to avoid impact during the reproductive season of
bats. If clearing is to occur during the reproductive season, a general survey for bats and bat
roosts within the project area will be conducted by a qualified biologist prior to construction
to verify bat absence. If the survey indicates the potential presence of special status breeding
bats,the results will be coordinated with the Region 3 office of the CDFG and suitable
avoidance measures will be developed. Tank removal,site restoration and/or construction
activities will observe buffer zones of at least 100-feet from active bat roosts.
b) The proposed project would involve grading activities within coast live oak forest and coastal scrub
communities, both common plant communities in the Santa Cruz mountain range, to accommodate
a 160,000 Lallon water tank. An area of approximately 10,000 ft' (0.22 ac; 100 ft x 100 ft)would
Addition to El Sereno 0,,e.-, �,-ace Preserve Initial Study 25 ESA/200216
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INITIAL STUDY AND PROPOSED GATED NEGATIVE DECLARATION
be cleared of vegetation to accommodate the tank. Neither the currently proposed tank site,nor the
area adjacent to and including the existing tanks contains sensitive natural communities as defined
b the California Department of F 16
Y Fish and Gam
e e Holland 1986 P or California Native Plant
Society(Sawyer and Keeler-Wolf 199517).
c) The proposed project would not disturb or have a substantial adverse effect on federally protected
wetlands. No wetlands would be filled or otherwise altered as part of the proposed project.
The project area would not be open for general public access for the foreseeable future,thus site use
by hikers,bikers, and other recreational users is not expected to change or conflict with wetland
areas on the project site.
d) No elements of the proposed project would interfere with the movement of any native or migratory
fish or wildlife corridors,or impede the use of native wildlife nursery sites. The proposed tank site
and the existing tank sites that would be disturbed by the proposed project represent common
habitats that occur throughout the surrounding area.
I
e) The proposed project would include the removal of approximately six treed 8 that do not meet the
size definition for"protected trees"in Santa Clara County(main trunk greater than 12 inches
I
diameter at a height of four and a half feet above ground level; or 24 inches diameter in the case of
multi-trunked trees; Ord.No NS-1203.107, §1, 1-11-97; Sec. C16-3), and are not considered
"heritage trees"in regard to the heritage resource inventory as detailed in the county zoning
ordinance. No other trees would be removed. With the exception of the removal of trees to
accommodate the proposed 160,000 gallon tank,the proposed project would maintain the existing
environment. The Santa Clara County Tree Preservation and Removal ordinance(Sec. C16-1-Sec.
C16-17)states that a tree-removal permit is not required to remove non-heritage trees to carry out
building site approval or other land use applications that have been approved by the county.
However, tree removal for the proposed project would not be permitted until an approved grading
or building permit has been issued by the county as indicated on approved plans. The proposed
project would not conflict with any local policies or ordinances protecting biological resources.
f) The project site is not subject to a Habitat Conservation Plan,Natural Conservation Community
Plan or other habitat conservation plan.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
V. CULTURAL RESOURCES-- Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource? ❑
b) Cause a substantial adverse change in the
significance of a unique archaeological resources
(i.e., an artifact, object, or site about which it can
be clearly demonstrated that, without merely
16 Holland, R.F.,Preliminary Descriptions of the Terrestrial Natural Communities of California, 1986; Department of Fish and �
Game,State of California, Nongame Heritage Program,October 1986.
17 Sawyer,J.O.and T. Keeler-wolf,A Manual of California Vegetation, 1995.
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Addition to El Sereno Open Space Preserve Initial Study 26 ESA 200216
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INITIAL STUDY AND PROPOSE IFIGATED NEGATIVE DECLARATION
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
V. CULTURAL RESOURCES (coot.)--Would the
project:
adding to the current body of knowledge,there is a
high probability that it contains information
needed to answer important scientific research
questions,has a special and particular quality such
as being the oldest or best available example of its
type, or is directly associated with a scientifically
recognized important prehistoric or historic event
or person)?
c) Directly or indirectly destroy a unique '
paleontological resource or site or unique geologic
feature?
d) Disturb any human remains,including those i
interred outside of formal cemeteries? El
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Discussion:
I
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a) The property site includes two existing 50,000-gallon water tanks located on the Upper Parcels,one
of which is no longer operational. These tanks would be removed and the area restored. The
Lower Parcel includes a water pump, that would ultimately be turned over to the San Jose Water
Company. Neither the tanks nor the pump are listed as local, state or federal historic resources.
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b) The proposed project would result in some excavation along or beneath the existing roadways on
Canon, Hidden, Little Brook and Overlook Drives, on the properties of the 22 current users and two
undeveloped properties with water easements,probable limited excavation associated with
construction of a new water tank,and limited excavation associated with removal of the existing
water tanks. Most construction would most likely occur off-site, along roadways that are already
highly disturbed, and near developed residential areas where it would be unlikely that any
archaeological resources remain. A new water tank, located 500 yards east of the San Tomas
Aquinas Creek would require clearance, in addition to limited excavation. Archaeological
resources have been identified on other nearby District lands.19 The following mitigation measure
would assure that if archaeological resources are uncovered in the course of tank removal,
excavation or trenching related to the proposed project, the impact to potential archaeological
resources would be le
ss than significant.
Mitigation Measure CUL.1: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. The District shall require that in the event human skeletal remains
are encountered,the project sponsor will immediately notify the County Coroner. Upon
determination by the County Coroner that the remains are Native American,the Coroner
i shall contact the California Native American Heritage Commission,pursuant to
I
18 Woods, Del,telephone conversation describing site survey,April 17,2000.
19 MidpenInsula Regional Open Space District,Initial Studv and Proposed 1faigated Negative Declaration for the Addition to
Bear Creek Redwoods Open Space Preserve,June 3, 1999,pp.24-25,
Addition to El Sereu Open Space Preserve Initial Study 27 ESA 100216
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INITIAL STUDY AND PROPOSE `IGATED NEGATIVE DECLARATION
subdivision (c) of section 7050.5 of the Health and Safety Code and the County Coordinator
of Indian Affairs. If artifacts are found on the site,a qualified archaeologist shall be
contacted along with the County Planning Office. No further disturbance of the artifacts may
i be made except as authorized by the County Planning Office.
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The project therefore would not cause substantial adverse change to a unique archaeological
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resource.
c) See response to(b), above. In addition,paleontological resources have been identified in
Santa Clara County, and the project site includes areas that are part of ancient slides.20 Although
tank removal, grounds restoration and construction activities would take place primarily in areas
that have been disturbed, excavation activities would take place in areas that have not been
surveyed for paleontological resources. The following mitigation measure would assure that the
impact of uncovering unsurveyed paleontological resources is reduced to a less than significant
level:
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Mitigation Measure CUL.2: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. The District shall require that if,in the course of excavation
activities related to construction of a new water tank,including any trenching or excavation
associated with installation of new water pipes on or near the project site,and activities
related to the removal of the existing tanks,paleontological resources are found, all work
shall cease immediately,and a qualified archaeologist or paleontologist shall be contacted
along with the County Planning Office. No further disturbance of the paleontological
resources shall be permitted except as authorized by the County Planning Office.
I
d) See response to (b) above.
VI. GEOLOGY AND SOILS--Would the projecti
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury,
or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? El El El
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides? El EJ
20 Museum of Paleontology,http�,,/www.ucmp,berkclev.edu,coilections/invert htmi,May 22, 1999.
I
Addition to El Sereno Open Space Preserve Initial Studv 28
ESA'?00216 I
INITIAL STUDY AND PROPOSED,,*...tGATED NEGATIVE DECLARATION
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
VI. GEOLOGY AND SOILS(cont.)—Would the
project:
b) Result in substantial soil erosion or the loss of
topsoil? El El 0 R
c) Be located on strata or soil that is unstable,or that
would become unstable as a result of the project,
and potentially result in on-or off-site landslide,
lateral spreading, subsidence,liquefaction,or
collapse? El N ❑
d) Be located on expansive soil,as defined in
Table 18-1-B of the Uniform Building Code,
creating substantial risks to life or property? ❑ El
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater? El El 1K 1:1
Discussion:
a) i), ii), ill), iv)
The proposed project is located in the foothills of the Santa Cruz Range in the Coast Range
Geomorphic Province, which is an area of high seismic activity. The topography of the site ranges
from graded areas,which are nearly flat, to steep slopes greater than 20 degrees in certain areas.
Several major northwest-trending fault zones, including the San Andreas Fault Zone (the dominant
fault zone in California) could generate major earthquakes that could induce significant
groundshaking at the site. (A number of smaller fault zones are located within 40 miles of the
project site. The fault closest to the proposed project site is the potentially active Sargent Berrocal
Fault, located approximately 1,000 feet to the northwest. The project site is also located
approximately 2 miles northeast of the 1906 trace of the active San Andreas Fault, 3.5 miles
southwest of the potentially Monte Vista Fault, 18 miles southwest of the active Hayward fault and
17 miles southwest of the active Calaveras Fault.
The San Andreas Fault Zone (the dominant fault zone in California)exhibits lateral movement,
while the Sargent Berrocal Fault Zone and the Monte Fault can exhibit vertical displacement.
Faults with the potential for ground surface rupture are considered active by the State of California
and are zoned under the Alquist-Priolo Earthquake Fault Zoning Act of 1972. The San Andreas
Fault could potentially experience surface displacement in the event of an earthquake on its
peninsula segment; however, the San Andreas Fault rupture hazard zone does not encompass the
project area. Therefore, any potential for surface rupture within the project area resulting from an
event on the San Andreas Fault is low. Movement on the San Andreas could trigger secondary
movements on both the Monte Vista Fault and the Sargent Berrocal Fault, although the likelihood is
very low.
addition to El Screw C^en Space Presene Initial Study 29
ES.-V 200216
INITIAL STUDY AND PROPOSED tGATED NEGATIVE DECLARATION
Ground shaking associated with seismic activity poses the primary potential hazard at the project
site. Damage due to ground shaking could potentially cause damage to the proposed water tank and
pipelines. In Santa Clara County, in areas with natural hazards,the effects of groundshaking are
customarily reduced to an acceptable level by constructing to the 1997 Uniform Building Code,the
1998 California Building Standards and the California Building Code,as well as by requirements
for geotechnical reports,and conformance with the Santa Clara County General Plan.21 Mitigation
Measure GEO.1 would assure the impact from ground shaking will be reduced to a less than
significant level.
In the project area, existing active and old slides could be subject to additional movement during an
earthquake. Failure rates in landslides can be correlated with shaking severity, slope steepness,
strength and engineering properties of geologic materials,water saturation(which varies with
precipitation and by season), and vegetative cover. Ground movement of existing and old slides is
considered a normal occurrence in the foothills and because the project area will be maintained in a
natural condition and no grading will occur beyond the tank site,the impacts resulting from ground
movement on existing active and old slides would be less than significant.
Seismic activity could also cause secondary ground failures but the effects from the project would
be less than significant. Ground failures are caused by soil losing its structural integrity. Examples
of seismically-induced ground failure include liquefaction, lateral spreading, ground lurching,and
subsidence. Liquefaction (the rapid transformation of soil to a fluid-like state)affects loose
saturated sands. Earthquake groundshaking induces a rapid rise in excess pore pressure and the soil
loses its bearing strength,and it may spread laterally, undergo settlement and form fissures and
sand boils(upwellings of sand at the surface). Lateral spreading is the horizontal movement of
loose, unconfined sedimentary and fill deposits during seismic activity. Subsidence is vertical
downward movement of the ground surface.
The proposed 258-acre acquisition would include construction of a 160,000-gallon replacement
water tank on a site within the acquisition area. A site has been preliminarily identified and is
underlain by weathered greenstone bedrock. This site was chosen for its ability to withstand
landslides and groundshaking better than nearby sites. The proposed location is over 200 feet from
the closest mapped landslide, and approximately 50 feet from the slopes of a steep ravine.
Preliminary geotechnical investigationS22,23 (see also, Attachment A)indicate the proposed tank site
would have no impact on slope stability in the area. The potential for liquefaction and subsidence
at the proposed water tank site is low because of the underlying bedrock and potential impacts
would be less than significant. However,because the geotechnical investigations for the water tank
site are not finalized, the area is seismically active,and the potential water tank site is located along
a ridge in a foothill area, the following mitigation measure is added to further assure protection
from construction of the proposed water tank.
GEO.I: This mitigation measure shall be included by the District as a condition to any
disposition agreement for land associated with a water system that replaces the existing water
21 The 1994 Santa Clara General Plan specifically states,in Policy R-HS 12: -Proposals shall be conditioned as necessary to
conform with County General Plan policies on public safety. Projects which cannot be conditioned to avoid hazards shall be
conditioned to reduce the risks associated with natural hazards to an acceptable level or shall be denied"(p. P-23).
22 Work completed to date includes a review of existing maps and reports,an analysis of aerial photographs,mapping of
surficial and bedrock geology,development of engineering geologic cross sections,drilling of five exploratory boreholes and
completion of a seismic refraction survey,
23 Smelser, Mark G .Senior Engineering Geologist,and John NI. Wallace,Senior Engineering Geologist,Cotton,Shires&
Associates, Inc.. letter to ESA,April IS,2000.
Addition to El Screno Open Space Preserve Ininj I Study 30 ESX200216
INITIAL STUDY AND PROPOSED. ..IGATED NEGATIVE DECLARATION
i
system. The water tank design shall comply with site-specific recommendations for seismic
design criteria,as provided by the project geotechnical engineer,the seismic design
requirements of the California Building Code,policies of the Santa Clara County General
Plan,the recommendations of the County Geologist,and the requirements of the Santa Clara
County Environmental Resources Agency. The geotechnical analysis shall include site-
specific analysis of groundshaking,peak ground acceleration,and co-seismic hazards,
including liquefaction, lateral spreading,and densification settlement. The report would
include specific recommendations for foundation design to accommodate the earthquake
hazards,and any additional seismic requirements for maintaining adequate fireflow,within
an acceptable level of risk.
i
b) The proposed project would not result in any changes to the existing property that could
significantly increase current rates of soil erosion or initiate new erosion.
i
With the exception of the leveling of an 80-foot by 80-foot area for the replacement water tank pad,
the proposed project would not result in any changes in topography. Construction activities could
disturb site soils and may temporarily cause erosion by rain splash and overland flow of storm
water for the duration of the construction activities. Site preparation would entail minor re-grading,
and resurfacing a portion of the site. Ground-disturbing activities,including removal of vegetation,
could temporarily cause increased water runoff rates and concentrated flows and may cause
accelerated erosion, with a consequent loss of soil productivity. Runoff from the site could entrain
loose soil and discharge it a natural drainage. Mitigation Measure HYDRO.I would provide an
adequate mitigation measure to reduce any potential construction-related erosion and sediment
transport. The hazard would therefore be deemed low and less than significant as the impacts from
erosion hazard could be kept to an absolute minimum. However,the following mitigation measure
is added to further assure protection from any construction activities relating to the proposed
replacement of the water tank.
Mitigation Measure GEO.2: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing wa
ter system.
em. The Distric
t shall require preparation and implementation
ementation of a
Storm Water Pollution Prevention Plan (SWPPP)for the project site with mitigation
measures included to control accelerated erosion and sedimentation that would avoid the
impacts due to soil erosion.
c) If static or seismically induced settlement of soils occurred,this could damage the water supply
system and have an adverse physical effect on the residences downslope of the subject site. If there
were soil settlement, it could present a hazard at the tank site due to variable thickness of previous
and new fills, as well as natural variations in the thickness and compressibility of the soils.
jUnstable soil conditions include settlement and failure from low strength. Due to the additional
i
weight of 160,000 gallons of water, settlement would typically be expected to adversely affect the
water tank site rather than the pipeline distribution system. However, based on the preliminary
geotechnical study, the effect will be less than significant due to the nature of the soils which will
i
comprise the fills in the location of the proposed replacement water tank.
There exists the potential for landsliding at the proposed replacement water tank site in the event of
a seismic event or intense precipitation. Because the District intends to maintain the site as an open
space area with the site closed to the public in the foreseeable future, potential hazards from
landslides at the tank site would represent a minimal hazard to people and property. Land
\ddition to El Sereno Open Space E're>en e Initial Stud., 31 ESA 200216
i
INITIAL STUDY AND PROPOSEi IGATED NEGATIVE DECLARATION
subsidence is not a concern in the mountainous region of the Santa Cruz Mountains. Due to the
' limited extent of alluvial soils, any potential for liquefaction and related ground movement is
considered low.
The susceptibility of land(slope) failure is dependent on the slope and geology, as well as the
amount of rainfall,excavation or seismic activities. Areas most susceptible to landsliding in the
event of a seismic incident,excavation,or intense precipitation are characterized by steep slopes
and include most existing landslides with substantial evidence of down-slope creep of surface
materials. The proposed project itself would not increase the potential for slope failures and would
not result in exposing people,property or the environment to additional slope stability hazards. The
effects of the project would be considered less than significant because the property will be
maintained in natural condition and the proposed water replacement tank is located over 200 feet
from the nearest mapped landslide.
In addition,the proposed replacement water tank would be constructed on a fairly level site
underlain by bedrock,reducing the possibility that the proposed water tank could result in on-or
I
off-site landslides,lateral spreading, subsidence, liquefaction or collapse to an acceptable or less
than significant level. As noted in section(a),above,preliminary geotechnical investigations
j indicate that the nearest mapped landslide is over 200 feet away from the proposed tank site,and
that the tank site is 50 feet away from a steep ravine. Because of the underlying bedrock, the
preliminary report indicates that proposed water tank would have little or no impact on slope
stability in the area. Implementation of Mitigation Measure GEO.l would further assure that the
project would not increase the risk of landslides or ground failure.
d) According to soil surveys, the project site contains soil called Los Gatos-Maymen, which is an
undifferentiated stony soil considered expansive by the Uniform Building Code and by the U.S.
Natural Resources Conservation Service. The effects of expansive soils could damage foundations
of aboveground structures,paved roads and streets, and concrete slabs,and structural damage may
result over a long duration of time. Surface structures with foundations constructed in expansive
soils would experience expansion and contraction depending on the season and the amount of
surface water infiltration. The expansion and contraction could exert enough pressure on the
structures to result in cracking, settlement, and uplift. If not properly engineered, seasonal soil
expansion and contraction could damage the foundation of the proposed water tank. However,this
is not considered significant since no people or structures will be exposed to substantial adverse
risks due to the tank's location. Further, geotechnical recommendations to overcome the adverse
effects of expansive soils would be incorporated into the final design and construction of the water
supply system and would be in accordance with the Uniform Building Code Standards as required
by local building departments. The impact of expansive soils is also considered less than
significant because proper engineering and construction techniques would eliminate this hazard and
would not cause any adverse physical effect on humans or the environment.
e) No new residential, commercial or industrial development is planned on the project property and
thus the proposed project would not result in the construction of septic tanks or alternative
wastewater disposal facilities.
\ddition to El Sereno Open Space Preiene Initial Study 22 ESk'00216
I
INITIAL STUDY AND PROPOSED,, .GATED NEGATIVE DECLARATION
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
IMDaCt Incorporation 1MDaCt Impact
VII. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport,use,or
disposal of hazardous materials? ❑
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment? ❑ ❑ ❑ Z
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances,or waste
within one-quarter mile of an existing or proposed
school? El ❑ ❑ 0
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and,as a
result,would it create a significant hazard to the
public or the environment? ❑ E
e) For a project located within an airport land use
plan or,where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area? ❑ ❑ ❑ 0
0 for a project within the vicinity of a private
airstrip, would the project result in a safety hazard
for people residing or working in the project area? ❑ ❑ ❑
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands? ❑ ❑ Z ❑
Discussion:
a)-b) The proposed project would not require long-term storage, treatment, disposal, or transport of any
hazardous materials and would therefore not be considered to pose public health and safety hazards
through release of emissions or risk of upset. Pipes from the existing water system may contain
lead. If these pipes are accidentally encountered during excavation or trenching activities for the
proposed replacement water system, the pipes would be left underground. Preliminary title reports
Addition to El Serciio(1-,eii Space Presme Initial Study 33 ESA,200216
INITIAL STUDY AND PROPOSEL IGATED NEGATIVE DECLARATION
indicate, from the location of easements, that existing piping is not near the San Tomas Aquinas
Creek or its tributaries.
c) No hazardous emissions would be generated by the proposed project. No hazardous emissions or
acutely hazardous materials, substances,or waste,would be handled within 0.25 mile of an existing
or proposed school. As a result,the proposed project would not result in the foreseeable upset or
accidental release of hazardous materials into the environment.
d) Thd property is not listed in the U.S. EPA's database of contaminated sites and, as a result, the
proposed project would not create a significant hazard to the public or the environment.
e) The proposed project would not be located within an airport land use plan area, or within 2 miles of
an airport.24 The proposed project would therefore not result in a safety hazard for people working
in the project area as a result of proximity to an airport.
f) The proposed project is not located in the vicinity of a private airstrip and would not result in a
safety hazard for people working or residing in the surrounding area.25
g) The subject area would be maintained as open space area and would not interfere with the adoption
of an adopted emergency response plan or emergency evacuation plan.
h) The proposed project is located in an area designated as a"wildland area that may contain
substantial forest fire risk and hazards"pursuant to Section 4125 of the Public Resources Code.26
However,the project would not expose people to the risk of a wildland fire as the site would remain
closed to the general public for the foreseeable future. The project includes installation of a fire
hydrant near the Upper Parcels. Additionally, District patrol trucks are fitted with firefighting
equipment and water tanks. The replacement water system would provide additional fireflow to the
Montgomery Highlands area. The proposed project would therefore lessen any risk of potential fire
hazards, and project impacts due to exposure of people and structures to wildland fires would be
considered less than significant.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant NO
Impact Incorporation Impact Impact
VIII. HYDROLOGY AND WATER QUALITY--
Would the project:
a) Violate any water quality standards or waste
discharge requirements? El
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there should be a net deficit in aquifer
volume or a lowering of the local groundwater
table level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would
24 COLtnt% of'Santa Clara.Sania Clara Comm Gencral Man, December 20 1994�p, 1-4 1.
25 //)i,/
20 California Department of Forestry and Fire Protection,htto:/,'w%vw,fire.ca.gov/ab6/nhd43,I)d January 6,2000,
Addition to El Sereno Open Space Preserve Initial Study 34 ESA/200216
INITIAL STUDY AND PROPOSED tGATED NEGATIVE DECLARATION
not support existing land uses or planned uses for
which permits have been granted)? ❑ El r_1 0
c) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, in a manner which
would result in substantial erosion of siltation on-
or off-site? E] 1:1
Less Than
Potentially Significant
With Less Than
Significant Mitigation Significant NO
Impact Incorporation Impact Impact
V1111. HYDROLOGY AND WATER QUALITY—(cont.)
Would the project:
d) Substantially alter the existing drainage pattern of
the site or area,including through the alteration of
the course of a stream or river,or substantially
increase the rate or amount of surface runoff in a
manner which would result in flooding on-or off-
site? EJ El El 0
e) Create or contribute runoff water which would
exceed the capacity of existing or planned storm
water drainage systems? ❑ El El Z
f) Otherwise substantially degrade water quality? E]
g) Place housing within a I 00-year flood hazard area
as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area
structures which would impede or redirect flood
flows?
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding,including
flooding as a result of the failure of a levee or
dam? El 1:1 n ED
J) Inundation of seiche, tsunami, or mudflow? El n E n
Discussion:
a) The proposed project would not propose any actions or activities that would require waste
discharge or impair any water resources according to water quality standards. The proposed project
area would remain off-limits to the general public for the foreseeable future and would result in no
planned alterations of the land, with the exception of limited grading for at the proposed water tank
site. The proposed replacement water system would continue to use water from San Jose Water
Company. San Jose Water Company draws water from some nearby sources, including Saratoga
Creek, Lake Elsman, and Los Gatos Creek, and would continue to do so under the proposed project.
Addition to El Serena Open Space Preserve Initial Study 35 ESA,200216
INITIAL STUDY AND PROKOSEi IGATED NEGATIVE DECLARATION
The District owns land in watersheds for all of these water sources and assists in providing
watershed protection in these areas. None of these watersheds are located on the project site.
b) The proposed project would not result in any impervious surfaces that would substantially interfere
with groundwater recharge,and no groundwater is to be used as part of the project. The water
system to be upgraded would continue to be supplied by the San Jose Water Company from off-site
sources. No impact to groundwater or groundwater recharge is anticipated.
c) The proposed project could potentially result in the construction of a 160,000-gallon water tank
200 feet north of the existing two water tanks, approximately 500 yards from the San Tomas
Aquinas Creek. The site under consideration is not adjacent to existing drainage courses and would
not result in a substantial alteration of existing drainage patterns in the area, including the alteration
of the course of a stream or river so that substantial erosion would occur on- or off-site. However,
construction of the water system could induce erosion and gullying due to the steeply sloped area
and the exposure of disturbed soil as part of the water tank construction and trenching necessary to
install water lines. Additionally,construction trucks temporarily using the pathway to the proposed
water tank site near Overlook Drive could potentially destabilize the roadway or the pathway,
thereby inducing erosion and sedimentation. Potential impacts associated with construction-
induced erosion and sedimentation can be lessened with the following mitigation measure.
Mitigation Measure HYDRO.l: This mitigation measure shall be included by the District as
a condition to any disposition agreement for land associated with a water system that replaces
the existing water system. The District shall monitor all construction activities associated
with installation of the replacement water system, including the roadways used for truck
activity associated with construction. Applicable best management practices(BMPs)for
stormwater management and erosion control will be implemented according to site-specific
conditions to reduce erosion and sediment transport. All destabilized areas will be controlled
through applicable BMPs and stabilized following construction. BMPs to be applied to
reduce erosion and sedimentation and will conform to standards of the California Storm
Water Best Management Practice Handbook for Construction Activity. The District will
ensure that a construction monitor will be in place to implement appropriate BMPs and take
corrective action if further BMPs are warranted: Post-construction monitoring of the water
tank area, roadways, and all pipelines corridors will be implemented to monitor for potential
erosion of previously disturbed areas during the first storm season following construction.
d) The project would not substantially alter the existing drainage pattern of the area. No new
buildings or impervious surfaces are proposed besides the water tank and the existing roads and
trails will not be used for public access to the area. No actions are planned that would alter the
watershed and possibly increase downstream stonnflow volumes.
e) No actions are proposed as part of the project that would increase stormwater runoff by
substantially increasing impervious surfaces. The proposed project could result in construction of
a covered 160,000-gallon water tank approximately 200 feet north of the site of the existing water
tanks. The site is located in a flat ridge area with no documented drainage problems. The water
tank would cover an area less than 0.2 acres in size and all pipelines would be underground with
pre-construction grade conditions restored following construction. The water tank would not
generate substantial runoff and no drainage systems would be necessary. There are no existing
non-natural drainage systems on-site and no drainage systems are planned. The San Tomas
Aquinas Creek system is the natural drainage network for the project site.
Addition to El Screno Open Space Preserve Initial Study 36 ESA'200216
4#
INITIAL STUDY AND PROPOSED IGATED NEGATIVE DECLARATION
f) No actions are proposed as part of the project that would substantially degrade water quality. The
project should be beneficial in protection of the watershed and its associated water quality.
g) No housing is proposed as part of the project.
h) No structures are proposed as part of the project that would redirect flood flows. The proposed
project could,however,result in construction of a replacement water tank which is not located
within a 100 or 500-year flood hazard area.27
As noted above, the proposed project would result in construction of a water tank in a location in a
steep mountainous area of the Santa Cruz Mountains. Inundation of areas immediately below and
downslope of the proposed site could be possible in the event tank failure, although this is
considered a very remote possibility. A geotechnical study is being finalized,and the proposed site
is preliminarily considered geotechnically safe. The tank would also have to conform to the nd all
applicable construction standards to prevent any unsafe conditions that could result in a substantial
human hazard. Due to these standards,the limited amount of water, and the distance to residences,
the potential impact from flooding is considered less than significant.
j) Mudflows are possible in the project area due to intense precipitation of significant duration are
typical of the Santa Cruz Mountains. Saturated soil conditions in steeply sloped areas can cause
surficial movement of soil as debris or mud flows. These flows are a result of a loss of soil tension
due to the over-saturation of the soil profile from extended or intense storm events. Under the
proposed project,no actions are proposed that would increase the likelihood of any potential
mudflow and the potential impact is considered less than significant.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
IX. LAND USE AND PLANNING--Would the
project:
a) Physically divide an established community? ❑ ❑ El E
b) Conflict with any applicable land use plan,policy,
or regulation of an agency with jurisdiction over
the project(including, but not limited to the
general plan, specific plan, local coastal program,
or zoning ordinance)adopted for the purpose of
avoiding or mitigating an environmental effect? ❑ ❑ ❑ E
c) Conflict with any applicable habitat conservation
II
plan or natural communities conservation plan? ❑ ❑
Discussion:
a) The proposed project would result in no change to the established neighborhoods in the vicinity of
the project. The proposed project would add approximately 260 acres to the Midpeninsula
Regional Open Space District's existing acreage in the El Sereno Open Space Preserve,but access
17 Federal Emergency Management Agency and Environmental Systems Research Institute,Inc., U.S. Flood Hazard.areas-
Flood Ha_-ardVfap for the project area,http://N,ww.esri,coniyliazards"makemap.htmi.accessed March 16,2000.
Addition to El Se.,eno Open Space Preserve Initial Study 37 ESA200216
INITIAL STUDY AND PROPOSEG -(GATED NEGATIVE DECLARATION
to the added acreage would remain as it currently is, closed to the general public for the foreseeable
future.
The project site is located in a relatively undeveloped portion of unincorporated Santa Clara
County,southeast of the Town of Monte Sereno,south of Villa Montalvo,and adjacent to a number
of properties including the existing El Sereno Open Space Preserve(see Figure 1). Very low
density residential areas are present along the narrow, winding roads leading to the project site.
The project area is characterized by hilly terrain covered by chaparral and woodland vegetation,
with no structures other than a 50,000-gallon metal water tank and low-rise roofed water tank
structure used in the past for water storage. An unpaved road crosses the project site, with locked
gates at either end at Overlook Drive and Linda Vista Avenue that prevent unauthorized vehicles
from using the road. Another existing unpaved road within the project area climbs approximately
1.5 miles in a southwesterly direction into the upper reaches of the San Tomas Aquinas Creek
watershed.
The proposed project would result in construction of a replacement water tank 200 feet north of the
site of the existing water tanks. With the exception of the new water tank,the proposed project
would maintain the existing open space, and therefore would not physically divide an established
community.
b) The proposed project would not conflict with any applicable land use plan,policy, or regulation
adopted for the purpose of avoiding or mitigating an environmental effect. A large portion of the
project area is protected under a Williamson Act contract; however, the proposed project is
consistent with Williamson Act objectives, as discussed in Section 11.,Agriculture Resources, of
this document.
The proposed project is designated as "Hillside"by the Santa Clara County General Plan,which is
a "resource conservation area designation,"used primarily for mountains and foothills, Bay
wetlands and lowlands, and valley agricultural lands. The intent of a resource conservation area
designation is to:
a. help preserve rural character;
b. conserve natural, scenic, and cultural resources;
c. protect public health and safety from natural and man-made hazards;
d. preserve agriculture and prime agricultural soils;
e. protect watersheds and water quality;
f, enhance air quality; and
g. minimize the demand for and cost of public services and facilities.28
"Land in its natural state" is a specific permitted use for Hillside areas.29
In response to an agreement by the West Valley cities of Cupertino, Monte Sereno, Saratoga, and
Los Gatos to establish long term growth boundaries in order to minimize further urban
encroachment into the hillsides, the County of Santa Clara assured the cities that the development it
allows outside their urban service areas will have minimal visual impacts when viewed from the
valley floor and will be appropriate for rural hillside areas. Towards that end, the Santa Clara
General Plan includes a number of Joint Planning and Land Use Policies to reinforce other policies
applicable to the West Valley hillside areas. The policies concern preservation of the natural
28 Santa Clara County,Santa Clara Countli,General Platt, December 20. 1994,p.Q-1,
29 Ibid.,p. Q-3.
Addition to El Screno0pen Space Presene Initial Study 3S ESA 200216
INITIAL STUDY AND PROPOSED- GATED NEGATIVE DECLARATION
beauty of the area,limitation of development, and long-term planning.30 The proposed project
would be supportive of these policies.
Lastly, a task force (Preservation 2020 Task Force)established by the Santa Clara County Board of
Supervisors to find ways to protect the county's open space resources in light of pressures for
development throughout Santa Clara County issued a report, Opett Space Preservation:A Program
for Santa Clara County, that states:
Open space is a key ingredient in the high quality of life we enjoy in Santa Clara County.
The county's private and public open space lands provide many benefits to the community-at-
large. Some of these benefits include: provision of recreation areas; control of sprawl and
definition of urban form;protection of scenic vistas;protection of watershed areas; avoidance
of development in hazardous areas;preservation of valuable natural areas;preservation of
farmlands and other productive resource areas; and the provision of buffers between
incompatible land useS.31
The Task Force recommends that"key hillside parcels be acquired to optimize open space
preservation . . . .1132 While the Task Force's report did not include the project site among those it
identifies as key parcels, its acquisition for preservation as open space would support this
recommendation.
The project conforms with the Santa Clara County General Plan and the Preservation 2020 report,
both of which adopted specific designations in order to mitigate or avoid an environmental effect.
c) The proposed project does not contain areas subject to a habitat conservation plan or natural
communities conservation plan.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Inipact
X. MINERAL RESOURCES--Would the project:
a) Result in the loss of availability of a known
mineral resource classified MRZ-2 by the State
Geologist that would be of value to the region and
the residents of the state? ❑ El El E
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan, or
other land use plan? El El ED El
Discussion:
a) A Mineral Resource Zone-2 ( vIRZ-2) indicates the existence of a deposit that meets certain criteria
for value and marketability. The State Geologist classifies mineral lands on the basis of existing
geologic factors; existing land-use, by statute, is not considered.33 Mineral resources in Santa Clara
30 Ibid.,pp.Q-29-30.
31 Preservation 2020 Task Force,Open Space Preservation. A Program for Santa Clara County,April 1987,p. i.
32 Ibid.,p. i,.
33 California Environmental Resources Evaluation System(CERES),California Environmental Infortnation Catalog,.
http://ceres.ca.izovr`catalo� bin/show record?record=1106,May 20, 1999.
Addition to El Sereno Open Space Preserve Initial Study 39 ESX 200216
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INITIAL STUDY AND PROPOSED 11GATED NEGATIVE DECLARATION
County are primarily limited to construction aggregate deposits(including sand, gravel and crushed
stone), and salts extracted from evaporation ponds along the edge of the San Francisco Bay.34
Limestone deposits are found near Cupertino,while rock is found mostly in the mountain areas. A
quarry is currently in operation on the east side of Lexington Reservoir, 6 to 8 miles from the
project site. The project site is not,however, located in a designated N1RZ-2 area.35
b) The Santa Clara County General Plan does not designate the project site as an important mineral
resource recovery site.36
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
NJ. NOISE—Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance,or
applicable standards of other agencies? El 0 1:1 R
b) Exposure of persons to or generation of excessive
groundborne vibration or groundbome noise
levels? ❑ El 0 R
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project? ❑ El 0 1:1
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project? El D 0 1:1
e) For a project located within an airport land use
plan or,where such a plan has not been adopted,
within two miles of a public airport of public use
airport, would the project expose people residing
or working in the project area to excessive noise
levels?
f) For a project within the vicinity of a private
airstrip,would the project expose people residing
or working in the project area to excessive noise
levels? F-1 0 El 0
Discussion:
a) The Santa County General Plan lists noise compatibility standards for land use in Santa Clara
County at satisfactory, cautionary and critical. Under the Santa Clara County General Plan, there
are no critical noise levels for parks and open space areas.31 Cautionary noise levels in open space
areas begin at 65 dB, while cautionary noise levels in parks, open space reserves and wildlife
refuges begin at 55 dB. A cautionary noise level is one that"could potentially pose a threat to the
34 Santa Clara County.Santa Clara County General Platt,December 20, 1994,p.H-32.
35 United States Geological Services,Mineral Land Classitication Map,Los Gatos Quadrangle,Special Report 146,Plate 2.48.
36 Santa Clara Count}.Santa Clara County General Plan,December 20, 1994.p. H-31
37 Santa Clara Count%,Santa Clara County General Platt,December 20, 1994,p. 1-30.
Addition to El Sereno Open Space PreSene Initial Study 40 ESA,200216
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INITIAL STUDY AND PROPOSED.,...tGATED NEGATIVE DECLARATION
proposed land use. The ambient noise level is great enough to require study on the compatibility of
the proposed project. Normal building methods may not be adequate to protect the use." (General
Plan,p. I-28)
The project site is partially bordered along its northern perimeter by short segments of two local
neighborhood streets. Existing noise sources consist of approximately twenty-two residences to
the northeast of the Upper Parcels. With the exception of occasional maintenance activities,there
are no existing noise sources on the project site. The proposed project would result in a temporary
increase in noise levels to a cautionary—but not critical—noise level within and around the project
site during the construction of the proposed replacement water system,removal of the existing
water tanks, and restoration of the existing water tank area.
These temporary cautionary noise levels would fluctuate depending on the particular type,number,
and duration of use of various pieces of construction equipment. The effect of the noise generated
by excavation and potential construction activities would depend upon how much noise would be
generated,the distance between these activities and the nearest noise-sensitive uses,and the
existing noise levels at those uses. The Santa Clara County General Plan states: "In rural areas,
general noise levels are low but specific noises are often extremely annoying(i.e.,blasting from
quarries, shooting ranges,power boats, and off-road vehicles may disturb the serenity of an area
with significantly affecting the day-long average readings of the DNL scale.)"38 Many remote
parks have readings below 40 DNL.39
The nearest sensitive receptor would be residences in the Montgomery Highlands area. The
following m'rt l ati n measure wo
uld assur
e that noise is
reduced to a les
s than significant
gn cant level.
Mitigation Measure NOISE.1: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. All contractors constructing the replacement water system shall
comply with the County Noise Ordinance to reduce the impact of the construction equipment
noise and any associated groundborne vibration.
I
I
In addition,the following mitigation measure would further reduce the temporary impact of noise
in the project area:
I
j Mitigation Measure NOISE.2: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. All contractors working on the replacement water system shall
muffle or otherwise control all construction equipment and trucking operations with a high
i
noise potential, as feasible. New equipment shall be used whenever possible. All construction
and trucking equipment should be inspected at periodic intervals to ensure proper
i
maintenance and hence,lower noise levels.
The proposed project site would be closed to the general public for the foreseeable future, and there
would therefore be no access by motor vehicles,and no noise generated by motor vehicles.
39 Santa Clara County,Santa Clara County General Plan,December 20, 1994,p. 1-27,
According to the Santa Clara County General Plan,"In this General Plan,noise levels are expressed as DNL levels,as
recommended by the Environmental Protection Agency(EP)for community noise planning." A Day-Night Average Sound
Level (DNL)and a Community Noise Equivalent Level(CNEL)penalize night-time noises by 5 dB to 10 dB. The basic unit
for describing noise is the decibel(dB). Environmental noise is typically described in terms of the"A-weighted"decibel,or
dBA. "A-weighting"refers to sound pressure levels corrected for the variation in frequency response of the human ear to
commonly encountered noise levels.
Addition to El Sereno Open Space Preier�e initial Study 41 ESA 200216
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INITIAL STUDY AND PROPOSEk. .'IGATED NEGATIVE DECLARATION
b) The exposure of people to temporary construction-related noise and groundborne vibration sources
is described in(a)above. As discussed above, construction-related noise sources may expose
people to higher noise levels,but the associated impacts would be reduced to less than significant
with implementation of Mitigation Measures NOISE.I and NOISE.2, described above.
c, d) The construction activities associated with construction of a proposed replacement water system
would cause a temporary increase in ambient noise levels,above levels existing without the project.
See response to(a)above.
e) The proposed project is not located within an airport land use plan or an area within two miles of a
public use airport.40
f) The proposed project is not located within the vicinity of a private airstrip.41
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant NO
Impact Incorporation Impact Impact
XIL POPULATION AND HOUSING—Would the
project:
a) Induce substantial population growth in an area,
either directly(for example,by proposing new
homes and businesses)or indirectly(for example,
through extension of roads or other
infrastructure)? El R
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
c) Displace substantial numbers of people
necessitating the construction of replacement
housing elsewhere? El El 0
Discussion:
a) The proposed project would not include any residential use of the Upper Parcels or the Lower
Parcel. The project would, however,result in construction of a replacement water system that
could provide service to parcels that are now undeveloped. Two of the undeveloped parcels have
easements to the existing water system, and nine other undeveloped residential parcels in the
Montgomery Highlands area are not served by the existing water system. Requests to join the
system have customarily been approved by the project site owners. New water users would most
likely be required to pay a proportionate share of the costs of the replacement system.
Construction on the nine undeveloped residential parcels is currently constrained by several factors,
including some slopes that exceed 30 percent, and seasonal streams that cross several parcels. The
Santa Clara County Sewage Disposal Ordinance requires that sewage disposal systems be set back
Santa Clara County,Santa Clara County General Plan,December 20, 1994,p. 1-41
41 Ibid.
addition to El Sereno Open Space Preserve initial Study 42 ESA/2002 16
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INITIAL STUDY AND PROPOSED. .GATED NEGATIVE DECLARATION
a minimum of 100 feet from all creeks or water courses located either on the parcel or within 100
feet of a property line.42 The maximum slope on which a leachfield may be installed is
50 percent.43 Any proposed septic tank or leachfield would be required to comply with the
County's Sewage Disposal Ordinance,which is also consistent with the Regional Water Quality
Control Board requirements 44 These constraints may effectively eliminate development on sites
along Little Brook.
However,because the owners of all nine undeveloped Montgomery Highlands parcels can now
request service from the existing water system, the proposed replacement water system would not
result in any additional residential users.
b) The project site is undeveloped,with the exception of two existing water tanks on the Upper
Parcels and one water pump on the Lower Parcel. No housing exists on the project site, and the
project would not result in the demolition or removal of any housing. The proposed project would
not,therefore,displace substantial numbers of existing housing.
I
I
c) The proposed project area is not and has not in the past been occupied. The proposed acquisition
would not indirectly result in the displacement of any nearby residences. The project would not,
therefore displace substantial numbers of people.
I
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
(
(
I
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42 Santa Clara County,Department of Environmental Health,Sewage Disposal System Requirements,
http:l,wtivw ehinfo or41pdf bulletin a odf,accessed April 13,2000,p.2.
43 Ibid.,p. 3.
44 Santa Clara County,Santa Clara County General Platt Draft Environmental Impact Report,September, 1994,p. 541-20.
Addition to El Sereno Open Space Preserve initial Study 43 ESA,200216
INITIAL STUDY AND PROPOSED iGATED NEGATIVE DECLARATION
XIII. PUBLIC SERVICES--Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities,need for new or
physically altered governmental facilities,the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios,response times, or other
performance objectives for any of the public
services:
Fire protection? ❑ 0 0 ❑
Police protection? El
Schools? EJ ❑
Parks? E] El [K
Other public facilities? ❑ ❑ ❑ E
Discussion:
Fire Protection: The Santa Clara County Central Fire Protection District provides fire protection
services in Santa Clara County's unincorporated areas. The project site is served by the Santa Clara
Fire Department station at 18870 Saratoga—Los Gatos Road,Los Gatos("Quito Station"). The fire
station located at 306 University Avenue,Los Gatos("Los Gatos Station"),provides next-call
back-up. The Quito Station is located approximately 2 miles northeast of the project site,near
SR 9. This station is staffed by three firefighters with one engine. The Los Gatos Station is staffed
by five firefighters and a battalion chief, and is equipped with two engines and the battalion chief s
vehicle. The Los Gatos Station is located approximately 5 miles southeast of the project site,near
SR 17. Due to the topography and the relative inaccessibility of the area that includes the project
site, the County's fire protection services for the area are rated by the Insurance Services Office
(ISO)at 9,based on a scale from I (best)to 10(worst).45
The California Department of Forestry (CDF)also provides fire protection services during the fire
season for the project site from the Alma Station, located at 19650 Santa Cruz Highway(SR 17 and
Lexington Reservoir),which is approximately 3.5 miles from the project site. The Alma Station is
staffed during the declared fire season, and is closed during the off-season. The CDF has two other
fire stations in the area that may be called upon if needed. During the fire season, the Alma Station
is staffed by three engine personnel and eight helicopter personnel. CDF fire engines are four-
wheel—drive vehicles. A CDF firefighting helicopter is based at the Alma Station during the fire
season; other CDF helicopters may be summoned to assist on an as-needed basis. The helicopter
transports water from Lexington Reservoir to assist in fighting wildland fires. CDF estimates its
response time to the project area at 10-15 minutes. Alma Station currently responds to an estimated
15 fires per season,which includes vehicle, structure and vegetation fires.46
During the fire season, all 911 calls are automatically dispatched to both the Santa Clara County
and the Department of Forestry.
45 Hokason,Wayne, Deputy Fire Marshall,Santa Clara Fire Marshall's Office.telephone conference,March 9,2000.
46 Wachtel, Dave, Division Chief,California Department of Forestry and Fire Protection,telephone conversation,March 10,
2000.
Addition to El Sereno Open Space Presme Initial Study 44 ESA,200-210
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INITIAL STUDY AND I PROPOSED AGATED NEGATIVE DECLARATION ;
I
The project area is located within an area characterized by the Department of Forestry as a
"wildland area that may contain substantial forest fire risks and hazards."47 As a result,property
owners are sub'ect to the maintenance requirements
J nts of Sectio
n on 4291 of the Public Resources Code,
which require a property owner to maintain a firebreak along property lines, and adjacent to all
buildings and structures. In recent history, two major wildland fires,one in 1998 near the Town of
Los Gatos, and the other in 1985 in the area east and south of Lexington Reservoir,burned
hundreds of acres that included residential structures.
The project site includes one dirt road and that would provide access for fire protection vehicles to
the project site. The only structures in the project area are a metal water tank, used as part of a
water distribution system,and a roofed tank that is no longer used.
Santa Clara County requires property owners in the project area vicinity to maintain water storage
tanks or ponds,and to have an established water system 48 A perennial stream, San Tomas Aquinas
Creek,crosses a portion of the project area as indicated on Figure 1. The project area is not
currently connected to water service from the on-site tank,operated by the homeowners and there
are currently no fire hydrants on the project site.
The replacement water system will include the addition of hydrants in the Montgomery Highlands
area, including areas near the Upper Parcels. The Open Space District intends to patrol the project
site routinely with District rangers equipped with pump trucks capable of providing limited,but
immediate, first response to a fire on the project site. District rangers are trained in fire suppression i
and would patrol the project area an average of two times per month during the warm weather
months and once per month during the rainy season. Easements currently allow District rangers toy
traverse the project site on their way to portions of the existing El Sereno Open Space Preserve. In
I
addition whenever CDF declares an extreme fire hazard, the District adheres to a policy of closing I
its open space re serves bYPostin
posting at al
l known entra nces.49 Camping
n and out
door cooking
I
are not allowed in District open ace reserves and would be rohi 'prohibited at the r P � project site.P PAs
P P J I
previously noted,the proposed project would not be open to the general public for the foreseeable
future.
The project site would be P J adequately protected by the two existing fire stations located near the
project site. The addition of hydrants near the Upper Parcels and the construction of a water system
that replaces the existing system, further lessen the risk of fire. As a result the proposed project
would not require additional facilities constructed in order to adequately, and the impact of the
proposed project on the availability of fire protection services is less than significant. Although this
is a less than significant impact, the following mitigation measure would further lessen the need for
additional firefighting protection for the project site.
I
Mitigation Measure FIRE.1: To facilitate firefighting activities in the project area,the Open
Space District shall document all roadways and paths on the proposed project, and provide
maps of the site to the Santa Clara County Central Fire Protection District and the California
Department of Forestry 's Alma Station.
I
Police Protection: The Santa Clara County Sheriffs Office provides police protection services to
i
the unincorporated areas of Santa Clara County. The Sheriff's Office currently has 445 full-time,
47 California Department of Forestry and Fire Protection,httn:'-%vww.fire.ca.,ov/ab6/nhd43.pdf,January 6,2000.
48 Hokanson,W'avne,Deputy Fire Marshall,Santa Clara Fire Marshall's Office,telephone conference,May 18, 1999.
49 Woods, Del,Sr. Acquisition Planner,Midpeninsula Regional Open Space District,telephone conference,May 20,1999.
Addition to El Sereno Open Space Presene Initial study 45 ESA 200216
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INITIAL STUDY AND PROPOSEI IGATED NEGATIVE DECLARATION
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sworn badge staff that includes 359 Deputy Sheriffs.50 The Sheriff's Office also maintains a
reserve force of 110 Reserve Deputy Sheriffs. The Department is divided into three major
divisions: Field Operations,Marshall Services and Special Services,that include several
specialized units, such as Search&Rescue,Off-Road Enforcement Team, Sheriffs Emergency
Response Team(SERT),and a Canine Unit.
I
The substation nearest to the project site is the Saratoga Substation,located at 14374 Saratoga
Avenue, Saratoga,approximately 2.5 miles from the project site. The Saratoga Substation is staffed
by approximately 60 officers who patrol unincorporated areas in the Santa Cruz hill areas as well as
other unincorporated areas throughout Santa Clara County. The Sheriff's Office also provides
police protection services on a contract basis for the cities of Los Altos Hills, Saratoga, and
jCupertino on a contractual basis through the Saratoga Substation.51
I
The Sheriff s Office patrols the vicinity of the project area,which is included in Beat W-8;around
the clock, seven days per week. Average response time is between five and six minutes for high
priority calis.52 The California Highway Patrol responds to all vehicle-related calls near the project
area.
District rangers, who are also sworn peace officers, would routinely patrol the site an average of
two times per month during the warm weather months and once a month during the rainy season.
The frequency of patrol would be increased as needed, if illegal use of the site increased or other
problems arise.53
The proposed project would be expected to generate minimal requests for police protection
services, since it would not be open to the general public. The Sheriffs Office estimates it receives
considerably less than 300 calls per year at El Sereno Open Space Preserve, and most are traffic-
related(accidents are handled by the CHP).54 Because of the District patrols and limited access,the
proposed project would be expected to generate fewer calls than the El Sereno Open Space
Preserve, and would not result in a need for additional staff or facilities.
Schools: The proposed project would maintain the project area as undeveloped and unoccupied
open space. The proposed project would therefore not impact nearby schools or create a need for
new school facilities.
Parks: The Open Space District proposes to acquire the 260-acre privately owned project area to
retain as an open space preserve that would be closed to the general public for the foreseeable
future. The project site has been privately owned for more than 50 years, and has never been open
to the general public. The proposed project would not result in the need for new government
facilities in order to maintain acceptable service ratios or other performance objectives.
50
The general description of the Santa Clara County Sheriffs Office relies on information from Santa Clara County Sheriffs
Office Facts,htt :,/clara�veb.co.santa-clara.ca.usl�sheriff,facts.htm last revised 1/11/99.
51 p
Aulman Susie.
> Administrator Saratoga
, g Substation,Santa Clara County Sheriffs Office,telephone conference,
March 9,2000.
53 Evangel,Peter, Deputy,Santa Clara Sheriffs Office,Saratoga Substation,telephone communication,March 9,2000.
� Woods, Del,Senior Acquisition Planner,Midpeninsula Open Space District,personal communication,March 9,2000.
District rangers currently drive through the project area on their way to portions of the existing El Sereno Open Space
Preserve and reported to Mr. Woods that during the summer months,they have observed one or two persons on mountain
bikes in the project area an average of two times per month during the summer months. They also reported occasionally
observing residents from residences along the nearby streets,who have permission to use the access gate,walking their dogs
in the project area.
54 Evangel,Peter, Deputy,Santa County Sheriffs Office,telephone conference,March 9,2000.
Addition to El Sereno Open Space Preseme Initial Study 46 ESA'200216
I
s _.. _.._.. - - - - _... __. _. --- - - - - -i
INITIAL STUDY AND PROPOSED,,—IGATED NEGATIVE DECLARATION
Other Public Facilities: The proposed project would include no other public facilities and would
therefore result in no substantial adverse impact in this regard. The project site is encumbered by
easements to provide domestic water supply and road maintenance for the private roads providing
access to parcels located in the vicinity of the project site. The District would contribute$800,000
in exchang
e for termination of these easements. Provision of domestic water supply would then
become the responsibility of the parcel owners, who are negotiating with the San Jose Water
Company concerning the water supply system. Road maintenance would become the responsibility
of the District and the Association,which would assume a pro rata share of the responsibility for
road maintenance,based on how much of the road system is regularly used by each parcel owner
for property access,consistent with section 845 of the California Civil Code. The impact of the
proposed replacement water system is discussed throughout this Initial Study.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
XIV. RECREATION--
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated? ❑ ❑
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment? ❑ ❑ ❑
Discussion:ss on
a The proposed pr
oject ect site is curre
ntly closed to the P p P general public, and after
er acquisition
Y tton b th
g p e
q Y
District, would remain closed to the public for the foreseeable future. The project would therefore
not increase or decrease use of exis
ting neighborhood and regional parks or other recreational
facilities.
b) See response to(a), above. The proposed project would maintain existing open space, and would
not require construction or expansion of recreational facilities that might have an adverse physical
effect on the environment.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
I
Impact Incorporation Impact Impact
XV. TRANSPORTATION I TRAFFIC--Would the
project:
i
a) Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of
the (i.e.,treets stem i result in a substantial
Y
increase in either the number of vehicle trips, the
Addition to El Sereno Open Space Preserve Initial Study 47 ESA.'200216
INITIAL STUDY AND PROPOSE, AGATED NEGATIVE DECLARATION
volume-to-capacity ratio on roads,or congestion at
intersections?
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Addition to El Sereno Open Space Preserve Initial Study 48 ESA 200216
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INITIAL STUDY AND PROPOSED,...fIGATED NEGATIVE DECLARATION
Less Than
Significant
Potentially With Less Than
Significant Mitigation significant NO
Impact Incorporation Impact Impact
XV. TRANSPORTATION TRAFFIC—(cont.) Would
the project:
b) Exceed,either individually or cumulatively, a
level of service standard established by the county
congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design
feature(e.g., sharp curves or dangerous
intersections)or incompatible uses(e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies supporting
alternative transportation(e.g.,bus turnouts,
bicycle racks)? ❑ El n
Discussion:
a) The proposed project site would be closed to the general public for the foreseeable future, and
would therefore generate little if any additional traffic on an ongoing basis. The current level of
traffic along the existing roadways leading to the project area is extremely low, consisting of local
traffic to the limited number of residences in the vicinity and other occasional vehicles, including
the District ranger who patrols the project site once or twice per month. Locked gates and lack of
on-site and off-site parking prevent vehicle access by the general public to the project area.
As described in the Project Description and Utilities and the Service Systems sections of this
document, the proposed project may facilitate construction of a replacement water system for
residences located adjacent to the project site in the Montgomery Highlands area. The replacement
water system would include a new water tank that would be located within the project area, and
would also include associated piping. A temporary increase in traffic could occur as a result of
construction vehicles associated with the construction of the replacement water system, and
removal of the existing water tanks. The following mitigation measure would ensure that the
capacity of roadways in the vicinity of the project would not be exceeded due to the construction:
Mitigation Measure TRAF.l: This mitigation measure shall be included by the District as a
condition to any disposition agreement for land associated with a water system that replaces
the existing water system. Prior to construction of the replacement water system,removal of
the existing water tanks, and restoration of the area where the existing water tanks are now
located, a construction schedule, a plan for maintaining access by residents and delivery
trucks to local roads, and a parking plan for construction-related vehicles and construction
workers' private vehicles must be submitted to the District. In addition, all property owners
Addition to El Screno Open Space Preserve Initial Study 49
ESA 200216
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INITIAL STUDY AND PROPOSEL (GATED NEGATIVE DECLARATION
in the impacted area must be provided with copies of the proposed construction schedule and
parking plan.
b) See response to (a)above.
c) The proposed project is not within an airport land use plan area, and it is not near an airport.55 The
proposed project would therefore not impact air traffic patterns.
d) Although the paved roads leading to the project area are generally narrow, and winding rural roads
with directional traffic,the project would engender little if any change to existing levels of traffic
for the foreseeable future. A District ranger currently travels once or twice per month along roads
leading to the project area and would continue to do so under the proposed project. The frequency
of patrol by the ranger could increase if needed,but would not constitute a substantial increase in
traffic. As previously noted,the project area would not be open to the general public and therefore
would result in no change to current levels of visitation by the general public. The project would
result in no change to the existing use of the project area,which is currently and under the project
would remain as open space. As noted in the Land Use and Planning section of this document,
open space use is compatible with residential use. Therefore,the project would result in no
substantial increase in hazards due to existing traffic conditions or incompatible uses.
e) The proposed project would result in little change to emergency access. As noted in(d),above,the
existing paved rural roads leading to the project area are generally narrow and winding; these
conditions could slow access by emergency vehicles travelling by land. Emergency service
providers are aware of these conditions not only near the project area but also for other large areas
of the County and therefore include helicopters and airplanes among their access vehicles. Because
the proposed project includes no change to current uses for the project area and would not open the
project area to the general public for the foreseeable future,no increase in the need for emergency
services in the project area is anticipated.
Currently, an unpaved road crosses a portion of the project area from Overlook Drive to Linda
Vista Avenue. Access to the unpaved road is limited to authorized vehicles by locked gates at both
Overlook Drive and Linda Vista Avenue. District rangers are authorized to use the road and
regularly traverse the project area to reach El Sereno Open Space Preserve. The District would
maintain the Overlook Road extension in a passable condition for patrol and Yprp emer enc purposes.
g
Due to the project area's lack of development, steep topography, and dense vegetation, access via
air or on foot would be necessary for most of the area. Another unpaved road,which climbs in a
southwesterly direction into the upper reaches of the San Tomas Aquinas Creek watershed, and a
few paths are visible in the project area; the paths appear to be undocumented and their relationship
to the surrounding areas is not known. To facilitate access by emergency service access, Mitigation
Measure FIRE.I would require that the proposed project's paths and roadways be documented and
maps distributed to local fire stations, which also respond to the first call for medical emergencies.
Mitigation Measure FIRE.1 would assure the project provides all feasible emergency access.
t) Because the project area would not be available for access by the general public, no need for
parking would be generated by the proposed project. Currently, parking along the street cannot be
accommodated by the narrow roadways leading to the project area, and therefore parking is not
allowed, as indicated by the No Parking signs present along the roadways.
Santa Clara County Airport Land Use Commission,Land Use Plat for Areas Surrouudin Airports in Santa Clara County,
-Nlaps,"September, 1992.
Addition to El Sereno Open Space Preserve Initial Study 50 ESa;200216
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With construction of a new water tank and associated pipes in the project area or in nearby areas,
the number of construction-related vehicles, and the number of vehicles owned by construction
workers could temporarily exceed available parking areas. Mitigation Measure TRAF.1 would
lessen the temporary impact of construction-related vehicles in the area to a less than significant
impact.
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g) The proposed project would not conflict with adopted policies supporting alternative transportation,
as summarized in the Santa Clara County General Plan.Sb The proposed project would not result in
public access to the project site in the foreseeable future. The only other traffic associated with the
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project would be the patrol by the District ranger,who is required to utilize a specialized vehicle.
Accordingly, the proposed project would offer no opportunity to support alternative transportation.
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
XVI. UTILITIES AND SERVICE SYSTEMS--Would
the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? ❑ ❑ ❑ ❑
b) Require or result in the construction of new water
or wastewater treatment facilities or expansion of
existing facilities,the construction of which could
cause significant environmental effects? ❑ ❑ ® ❑
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects? ❑ ❑ ❑
d) Are sufficient water supplies available to serve the
project from existing entitlements and resources,
or are new or expanded entitlements needed? ❑ ❑ ® ❑
e) Has the wastewater treatment provider which
serves or may serve the project determined that it
j has adequate capacity to serve the project's
projected demand in addition to the provider's
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existing commitments? ❑ ❑ ❑
f) Is the project served by a landfill with sufficient
permitted capacity to accommodate the project's
solid waste disposal needs? ❑ ❑ ❑
g) Comply with federal, state, and local statutes and
regulations related to solid waste? ❑ ❑ ❑
't' Santa Clara Counts,Santa Clara Couuuy General Plan,December 20, 1994,pp. F-1 through F-32.
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INITIAL STUDY AND PROPOSEL (GATED NEGATIVE DECLARATION
Discussion:
a) The proposed project site currently generates no wastewater and has no connection to a public
sanitary sewer system. The nearest public sanitary sewer system is operated by the West Valley
Sanitary District, whose district boundary is northeast of the project,proximate to Mountain Way.57
b) While the proposed project would not affect the existing use of water or wastewater treatment
facilities due to demand that would be generated by uses on the project site itself, twenty-one
residential parcels, located downslope from the project area,have easements on the project site
which require the owner of the project site to provide domestic water service. Residences are
located on 19 of the parcels with easements; the remaining two parcels with easements are
undeveloped. In addition,three other residences in the vicinity are served by the water system,
although their land parcels do not have water service easements. There are an additional nine
undeveloped parcels in the vicinity of the proposed project that could be served by the water system
at a later time. These nine undeveloped parcels are not part of the proposed project,and due to
severe building constraints,may never be part of the replacement water system.
Currently,a 50,000-gallon water tank is located on the project site, into which the San Jose Water
Company pumps water for subsequent distribution to the 19 residences with easements and the
three other residences without easements.58 The existing water system requires a high degree of
maintenance due to leaks,low pressure, and service interruptions due to breaks in pipes.59
The District proposes to make a contribution of$800,000 in exchange for the removal of the
easements on the project site. The contribution would be used in part for a new domestic water
system, the construction of which could have environmental effects. The potential of the water
supply system construction to have environmental effects is addressed in other sections of this
document,particularly the Biology, Geology/Soils,Hydrology/Water Quality, and
Transportation/Traffic sections,which conclude that where such effects may have a significant
effect,would be mitigated to a less than significant level.
c) The proposed project is located in a watershed area with natural drainage along deeply incised
creeks. Storm water drainage from the existing roadway's and paths would remain generally
unchanged and would not themselves necessitate new storm water drainage facilities.
The proposed project could include the construction of a new water tank within the project area.
The location selection has been based on a number of considerations, including system design,
feasibility,and geotechnical, hydrological,and biological factors. The potential effects of a new
water tank, if constructed, are addressed in the Hydrology/Water Quality section of this document,
which concludes that the proposed tank site would not generate substantial runoff such that
additional drainage facilities would be needed. With regard to potential effects on drainage during
construction of the water tank, the Hydrology/Water Quality section includes Mitigation Measure
HYDRO.I to reduce any potential effects during construction to a less-than-significant level.
d) The proposed project would not require additional water entitlements. The project ect area would not
be open to the general public for the foreseeable future, and no facilities that would require water
are contemplated for the project area.
57 Yau, Henry,West Valley Sanitation District,personal communication,March 16,2000.
58 Woods,Del,Senior Acquisition Planner,personnel communication,March 8,2000.
59 Woods,Del,and Michael Williams, Draft Staff Report to Board of Directors,Midpeninsula Regional Open Space District,
undated,p.3.
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INITIAL STUDY AND PROPOSED IGATED NEGATIVE DECLARATION
e) The proposed project would not require a wastewater treatment provider,because it would generate
no wastewater. See response to(a)and(d), above.
f) The proposed project would generate no solid waste. There are no existing or proposed facilities on
the project site,and access by the general public is not proposed. Therefore, the project would not
be expected to generate any incremental increase in solid waste.
g) Solid waste collection in Santa Clara County is required to meet all federal, state, and local statutes
and regulations.
Addition to El Serino Open Space Preserve Initial Study 53
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INITIAL STUDY AND PROPOSEI (GATED NEGATIVE DECLARATION
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-
sustaining,levels, threaten to eliminate a plant or
animal community,reduce the number or restrict
the range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are individually
limited,but cumulative considerable?
("Cumulative considerable"means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)? El D
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings,either directly or indirectly? ❑ 0 ❑
Discussion:
a) See Section IV,Biological Resources.
b) No substantial evidence is available to suggest that the proposed project would contribute
considerably to any cumulative adverse effect or condition that would result from the conjunctive
use of the El Sereno Open Space Preserve and the proposed project. The proposed project would
remain closed to the general public for the foreseeable future.
There are no residential subdivisions pending or approved in the project vicinity. However,there is
a potential for construction of a few individual residences on available undeveloped parcels near the
project site These undeveloped parcels include nine undeveloped parcels, which have no recorded
easements to the water system. Construction on the nine undeveloped residential parcels is
currently constrained by several factors, including some slopes that exceed 30 percent, and seasonal
streams that cross several of the parcels. The Santa Clara County Sewage Disposal Ordinance
requires that sewage disposal systems be set back a minimum of 100 feet from all creeks or water
courses located either on the parcel or within 100 feet of a property line.60 The maximum slope on
which a leachfield may be installed is 50 percent.61 Any proposed septic tank or leachfield would
be required to comply with the County's Sewage Disposal Ordinance, which is also consistent with
the Regional Water Quality Control Board requirements.62 These constraints may effectively
60 Santa Clara County,Department of Environmental Health,Sewage Disposal Systent Requirements,
httlxflwv4%v.eh in fo.oriz/ycl F'bu I let in a.pdf,accessed April 18,2000,p.2.
61
lbi(L,p. 3.
62 Santa Clara County,Santa Clara County General Plan Draft Environmental Impact Report,September, 1994,p. 5M-20.
Addition to El Sereno Open Space Preserve Initial Studv 54 ESA�200216
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INITIAL STUDY AND PROPOSED e*_ ..;ATED NEGATIVE DECLARATION
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eliminate development on sites along Little Brook. As a result,because of the building constraints,
it is anticipated that proposed project would result in no significant cumulative impacts.
c) See Sections III,Air Quality; VI., Geology and Soils; VII,Hazards and Hazardous Materials; VIII,
Hydrology and Water Quality;XI,Noise•,XIII,Public Services;XV, TransportationlTraffic, and
XVI,Public Utilities and Services.
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Addition to El Sereno Open Space Preserve Initial Study 55 ES.at200216
INITIAL STUDY AND PROPOSEL IGATED NEGATIVE DECLARATION
REFERENCES
Amodio,John, Chief,Division of Land Resource Protection, letter to Midpeninsula Regional Open Space
District,April 9, 1999.
Aulman, Susie, Saratoga Substation, Santa Clara County Sheriff's Office,telephone conference,March 9,
2000
Bay Area Air Quality Management,BAAQMD CEQA Guidelines, Assessing the Air Quality Impacts of
Projects and Plans,April 1996.
California Environmental Resources Evaluation System(CERES), California Information Catalog,
http://ceres.ca.jzov/catalog,accessed May 20, 1999.
California Native Plant Society, California Native Plant Society Electronic Inventory of Rare and
Endangered Vascular Plants of California, Los Gatos and Castle Rock Ridge U.S.G.S.
quadrangles,January 1999,Accessed March 8, 2000.
Department of Conservation,Division of Land Resource Protection, Santa Clara County Important
Farmland 1998.
Department of Fish and Game, State of California,Nongame Heritage Program, October 1986.
Department of Fish and Game, State of California, California Natural Diversity Database, 1999.
Department of Forestry and Fire Protection, State of California,http://ww.w.fire.ca.jzov, January 6,2000.'
Department of Transportation, State of California, California Scenic Highway Program,
http://www.dot.ca.gov.hg/LandArch/scenic/schwyl.html, accessed March 14, 2000.
Evangel, Peter, Deputy, Santa Clara Sheriffs Office, Saratoga Substation, telephone communication,
March 9, 2000.
Federal Emergency Management Agency and Environmental Systems Research Institute, Inc., U.S. Flood
Hazard Areas-Flood Hazard Map for the project area,
ht!R://www.esri.com/hazards/makemal).html, accessed March 16, 2000.
Fischer, Thomas, Land Protection Specialist, Midpeninsula Regional Open Space District, personal
communication, March 15,2000.
Hokason,Wayne, Deputy Fire Marshall, Santa Clara County Fire Marshall's Office, telephone
conference, March 9, 2000,
Holland, R.F.,Preliminary Descriptions of the Terrestrial Natural Communities of California, 1986.
Midpeninsula Regional Open Space District, Open Space Use and Management Planning Process,
March 31, 1991.
Midpeninsula Regional Open Space District,Initial Study and Mitigated Negative Declaration for the
Addition to Bear Creek Redwoods Open Space Presenv.June 3, 1999.
Addition to El Sereno Open Space Presene Initial Stud., 56 ES\200216
INITIAL STUDY AND PROPOSED,v..A IGATED NEGATIVE DECLARATION
Museum of Paleontology,http://www.ucmp.berkeley.edu/collections/invert.html, accessed May 22, 1999.
Preservation 2020 Task Force, Santa Clara County, Open Space Preservation: A Program for
Santa Clara County, April 1987.
Santa Clara County,Santa Clara County General Plan, December 20, 1994.
Santa Clara County,Santa Clara County General Plan Draft Environmental Impact Report, September
1994.
Santa Clara County,Santa Clara County Sheriffs Office Facts,httt):Hclaraweb.co.santa-
clara.ca.us/sheriff/facts.htm, last revised January 11, 1999.
Santa Clara County,Santa Clara County Zoning Ordinance,h=://www.scct)lanniniz.orp-/zontable.htm,
accessed May 26, 1999.
Santa Clara County, Department of Environmental Health,Sewage Disposal System Requirements,
Bulletin "A,"http://www.ehinfo.orz/i)df/bulletin aj2df,accessed April 18, 2000.
Santa Clara County Airport Land Use Commission,Land Use Plan for Areas Surrounding Airports in
Santa Clara County, "Maps,"September, 1992.
Santa Clara County Planning Office, Williamson Act,http://www.sccplanniniz-or-g/envwill.htm, accessed
May 20, 1999.
Sawyer, J.O., and T. Keller-Wolf,A Manual of California Vegetation, 1995.
Sax, Gwen, Environmental Health Specialist, Santa Clara County Planning Department,personal
communication, March 16, 2000.
Smelser, Mark G., Senior Engineering Geologist, and John M. Wallace, Senior Engineering Geologist,
Cotton, Shires& Associates, Inc., letter to ESA, April 18, 2000.
United States Geological Services,Mineral Land Classification Map, Los Gatos Quadrangle, Special
Report 146, Plate 2.48.
Wachtel, Dave,Division Chief, California Department of Forestry and Fire Protection, telephone
conversation, March 10,
2000.
Warren, Wayne. New Business Manager., San Jose Water Company, personal communications, March
2000.
Woods, Del, Senior Acquisition Planner, Midpeninsula Regional Open Space District, telephone
communications, March 8, 2000 and April 17, 2000.
Woods, Del, and .%Iichael Williams, Draft Staff Report to Board of Directors, Midpeninsula Regional
Open Space District, undated, p. 3.
YaLl, Henry, West Valley Sanitation District, personal communication, March 16, 2000.
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ATTACHMENT A
LETTER FROM COTTON, SHIRES & ASSOCIATES, INC.
Addition to El Sereno Open Space Preserve Initial Study 58 ESA,200216
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04,118/2000 15:11 510-83'3-50^25 ES4 041<L.�`.ND
HYK- ltf-10IO it-46 rKVr1=%.U1111ry 'n1KX,= Hb3b U%- IU:40tsir 10Z Attachment
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGRMUS AND GEOLOGY
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April 18,20M
E4080
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Ms.Deborah Kir man
ENVIRONMENTAL SERVICES ASSOCIATES
1000 Broadway, Suite 410
Oakland,California 94607
SUBJECT: Preliminary Engtneexing Geologic Coodusions for Tank Location
RE: Montgomery Water Supply System Upgmde
San Jose Water Company
Santa Clara County,CAQrrtie
Dear Ms.Kirtatan:
As per Y=request on Monday April 17, 2000, we are providing you with our
w� fnr the g c conclusions regarckng the siting of the proposed rww
tgomery Highlands subdivision in Sancta Clara Caanty,
California. It is our undesstarding that you need this infowatiom to Mete the Ix4t#a1
Study report for the project. In developing our conclusions, we have completed the
following tasks:
• Reviewed maps and reports;
existing epo
Anal aerial phot hs
Mapped the surficial aand bedrock geology(scale:I" =20 feet);
• Developed engineering geologic crass sections;
Dulled 5 exploratory boreholes;and
+ Performed a seismic refraction survey.
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Based on our work to date, we have recornnw!nded that the proposed new tank
be located on a bedrock ridge composed of weathered greensstom The proposed
location is over 200 feet away from the closest mapped landslide, and appro)dmately
50 feet away from,the sl of a steep ravine. Because the tank is to be founded on
bedrock materials,and will be texts of feet away from either existing landslides or steep
slopes, it is our ooppii ty on that the construction of the new tank in this location will not
impact slope stabllity in the area. In addition, the potential for landslides to adversely
impact the new tank is considered to be less than signi£icaot.
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Nvethern California Office Southern Cali£oada Office
334 Vukge lane 5245 Avenida Encinas•Suite!A
Los Gat m,CA 9 30-7218 Carbkod,CA 9200$4*374
(408)33"SC •Fax(408)351-1952 (760)931-2700 0 Fax(760)931-liW
e-mtt1I lasgf+?csageo.cam e-uzail:carl0c9aW.onn
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04/18/2000 15:11 510-839-5825 ESA 0AKLaHD F:;r MrR—,O--- 1'=-ems trtV.•, L..,11' �1111CG.7 r+a ova. ,� �e er»�• •-roc aE 03
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Mr.Jim Putnam Page 2
Febmary 8,20W P3629
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We trust this letter provides you with the information you need at this time. If
you have anv questions,or need additional information,please contact us,
Very truly yours,
COTTON,SHIRES AND,ASSOCIATES,INC.
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Engineering
��699
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John Wallace
Senior Engineering Geologist
JwsvrS�t
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COTTON, SHIRES& ASSOCIATES, INC_
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ATTACHMENT - 2
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Regional Open I*ace
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 5, 2000
Mr. John B. Weiss, Chairman
Montgomery Highlands Association
15968 Hidden Drive
Los Gatos, CA 95030
Subject: Response to Comments on Initial Study and Proposed Negative Declaration for
Addition to El Sereno Open Space Preserve
Dear Mr. Weiss:
Thank you for your comments on the Initial Study and Proposed Mitigated Negative
Declaration that assesses the potential impacts to the environment as a result of the
addition to E1 Sereno Open Space Preserve. We are fully aware of your concerns and
have set forth to accurately reflect these points in the proposed agreement between the
District and the signatory landowners in the Montgomery Highlands area. While your
general comments do not relate to environmental issues required to be addressed in the
Proposed Mitigated Negative Declaration, the points you wish to clarify are being
incorporated into the record. Your reference to the transfer of ownership of land used for
the water tank and pump house is noted and has been accurately described on Page 9 of
the Project Description under the section titled Proposed Water System.
Thank you again for reviewing the Initial Study and Proposed Mitigated Negative
Declaration for the Addition to E1 Sereno Open Space Preserve. The hearing on this
matter is scheduled for Wednesday, May 10, 2000 at 7:30 p.m, at the Midpeninsula
Regional Open Space District , 330 Distel Circle, Los Altos, CA.
Sin erely',
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L. Craig Britton
General Manager
Cc: Board of Directors, Midpeninsula Regional Open Space District
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330 Distel Circle . Los Altos, CA 94022-1404 e Phone:650-691-1200
FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org
I Heard or Correctors:Pete Siemens, Mary C.Davey,Jed Cyr,Deane Little, NoneCte Hanko,Betsy Crowder, Kenneth C.Nitz . General Manager:L.Craig Britton
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INITIAL STUDY AND PROPOSE,. rIGATED NEGATIVE DECLARATION
PROJECT DESCRIPTION
PROJECT SUMMARY
The proposed project consists of the acquisition,by the Midpeninsula Regional Open Space District("the '
District"), of three parcelsl totaling 258.91 acres, located on the slopes of El Sereno in unincorporated
Santa Clara County. The three parcels include two contiguous parcels with a total area of 258.81 acres
("Upper Parcels')and a noncontiguous 0.1-acre parcel ("Lower Parcel"). (See Figure 1.) The Lower
Parcel is located approximately 600 feet north of the Upper Parcels. The District would add the Upper
Parcels to the adjacent 1,152-acre El Sereno Open Space Preserve, expanding the Preserve to a total of
approximately 1,411 acres, and joining the two separated areas of the Preserve. The Upper Parcels would.
be closed to the general public for the foreseeable future. There are no parking areas on the Upper
Parcels,and no parking is allowed along streets in the vicinity of the project site,nor on any shoulder
areas. Most of the project site is inaccessible by hikers or equestrians,with the exception of a road at the
eastern part of the project site that connects to a small northernmost area of the El Sereno Open Space
Preserve.
The project site is located in an area designated by the Santa Clara County General Plan as Hillside,an
area that"enhances the rural character of mountainous areas and minimizes risks from natural hazards."2
According to the Santa Clara County General Plan, acceptable uses for Hillside areas include "land in its
natural state"and"wildlife refuges."3
The Upper Parcels include a water system comprised of two 50,000 gallon tanks; the Lower Parcel
contains a pump station. The water system currently serves 22 off-site residential parcels northeast of and
downslope from the Upper Parcels, in an area known as Montgomery Highlands. Of these 22 residential
parcels, 19 parcels have easements to the'project site in order to access the existing water system, and
three residential parcels have, over the years,joined the system but have no recorded easements. Eleven
other parcels in the Montgomery Highlands area are not served by the water system. Two parcels of the
11 have easements to water service from the project site and nine of the 11 have no easements. Under the
terms of the purchase agreement, the District is required to assume any easement obligations that exist to
provide water to adjacent parcels.
Certain components
s of the existing waters stem currently need repair. As art of the project,P g Y Y P P P J , fie
District would contribute$800,000 toward a water system that would replace the existing water system
("replacement water system"or"replacement system")and would ultimately be owned and operated by
San Jose Water Company. The total estimated cost of the replacement system is $1.5 million. Current
easement holders and users would contribute the difference between the District's contribution and the
x -
total amount of the project cost. + or
�t a+ter SPr1r;�e would be quitclaimert rr,+ham n' * ' ership of the Lower Parcel and the water tank
would be turned o�,er to the owner anchor operator of the replacement water system. The existing water
system would be abandoned, the two water tanks would be removed, and the site restored to a natural
I Santa Clara Counn .assessor's Parcel Numbers 510-27-033,510-28-012 and 517-16-009.
Santa Clara County,Santa Clara County Zoning Ordinance,htro://ww�..sccplannine.orv'zontable.htni, May 26, 1999.
3 Santa Clara Counn.Santa Clara County General Plan,December 20, 1994,p. Q-3.
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Addition to EI Sereno Open Space Preserve Initial Study 2 ESA,200216
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INITIAL STUDY AND PROPOSE ITIGATED NEGATIVE DECLARATION
condition. The replacement water tank would be located in the vicinity of the old tanks, but lower on the
ridge. An existing service road at the end of the paved portion of Overlook Drive would provide access to
the replacement water tank. The new system would include installation of hydrants in the Montgomery
Highlands area, including areas near the Upper Parcels.
i ,XAP Ap f4.,, Veesents
The Montgomery ighlandsdeer�s Associa 'on ("the Association"), which the 22
residential parcel currently served by the water ystem, would most likely contrrectly with the
San Jose Water mpany for the water system. The District would transfer ownership of the land used
for the water tank to the San Jose Water Company. Although it appears unlikely, in order to provide an
adequate financial framework for construction of the replacement water system, the District may be called
upon to use its bonding capabilities to form an assessment district consisting of the District and the 22
residential parcels currently served by the water system,as well as the two undeveloped parcels having
easements to the water system.
In addition, 20 of the parcels have covenants requiring the property owner of the Upper Parcels to
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maintain roads in the Montgomery Highlands area. ment.khe District
would also require these 20 property owners to quitclaimed obligations for road maintenance.
The Upper Parcels would remain closed to the general public. As an open space preserve, the District
would maintain the property in its natural condition.
PROJECT LOCATION AND SURROUNDING USES
The proposed project area is Iocated in unincorporated Santa Clara County, in a foothill area
approximately 1.5 miles from the Town of Monte Sereno, and south of the City of Saratoga. The nearest
highway is State Route 9 (SR 9), located approximately 2 miles east of the project site; State Route 17
(SR 17) is located approximately 3 miles southeast of the site. The Upper Parcels are partially bordered
to the north by Canon Drive and Little Brook Drive. The 0.1-acre Lower Parcel is bordered by Hidden
Drive to the east and private residential properties on the remaining three sides. The Upper Parcels are
bordered to the north, south and west by privately owned,District-owned and County-owned open space
and park areas. As a result, the Upper Parcels provide a physical and aesthetic link to several large open
space areas.
The 3,600-acre Sanborn County Park, located to the east of the Upper Parcels, is owned and operated by
Santa Clara County and provides trails, an amphitheater, limited recreational facilities, camping and
picnic facilities. Primary access to Sanborn County Park is from Sanborn Road,approximately I mile
from the project site. There is, however, no direct public access between Sanborn Road and the upper
Parcels. Stuart Ridge, also a part of Sanborn County Park, is located along Bohlman Road, closest to the
Upper Parcels, but is closed to the public.
To the south are the lands that form El Sereno Open Space Preserve and watershed lands owned by the
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San Jose Water Company. The Preserve is named for nearby Mt. El Sereno and is comprised of two areas
separated by an L-shaped property owned by the Water Company. The Water Company's lands are
closed to the public. The trails in the 1,152-acre E1 Sereno Open Space Preserve are open to the public
and access is primarily from Montevina Road, which is a 3-mile long road that winds from SR 17 to the
• Addition to El Sereno Open Space Presene Initial Studv 4 =_S.-V200'-16
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INITIAL STUDY AND PROK .MITIGATED NEGATIVE DECLARATION
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hillsides,occasional meadows and knolls,natural springs, woodland,chaparral, and riparian corridors
along the banks of the creek and its tributaries. Vegetation is diverse, and the project site includes
serpentine soils,known to provide habitat for rare plants.
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Site development is limited to two existing water tanks, one of which is located below-grade, in an
elevated northern area near Overlook Drive, and underground water pipes. An'unpaved and gated
1.25-mile extension of Overlook Drive,accessible from an extension that runs through a privately owned
property,provides the primary road access to the project site. A second 1.5-mile extension from
Overlook Drive follows a southwesterly direction to the upper reaches of the San Tomas Aquinas Creek
watershed. Although there are paths at the edges of the project site,most trails have not been maintained
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and are overgrown. A well-defined unpaved road leads from Caflon Drive to the existing water tanks,and
paved roads in the vicinity of the project site are narrow,with little or no shoulder space. As a result,all
paved roads in the immediate vicinity of the project site are posted with signs that prohibit parking.
Nearby residents and members of the Montgomery Highlands Landowners Association have hired a
security patrol to assist in enforcing the no-parking signs.
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The Upper Parcels include two sites that were graded in preparation for residential development. Both
sites are located at the southeastern terminus of the Overlook Drive extension.
The project area is located within an area designated by the General Plan as"Hillside." Approximately
151 acres of the Upper Parcels are subject to a Williamson Contract.
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EXISTING WATER SYSTEM
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As noted above, the project site includes a private water system built in the late 1940's by a previous
owner to serve a new residential subdivision located in an area northeast of and downslope of the project
site. This subdivision was once part of the project site, and ownership, operation and maintenance of the
water system are part of the obligations contained in the title to the project site. The system includes two
50,000-gallon water tanks in an elevated area near the end of the paved portion of Overlook Drive and
underground piping at the northern edge of the Upper Parcels. The tanks are accessible from a path
leading from Overlook Drive. One tank appears to be older than the other, is covered by a square wood
structure with a pitched roof and open view to the tank, and is partially submerged below grade. The
other tank is completely covered with a round concrete lid. The basins of both tanks are concrete, and are
enclosed by secured metal fencing with barbed wire.
Recorded rights to the watee system are held b 21 roe owners in the Montgomery Highlands area
resntial subdivision through easements to the project site. Nineteen of these are developed and
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connected to the waters stem, and two are undeveloped and not yet connected. In addition, over the
years,reques s tt'o� ystem have customarily been approved by the project site owners sw .c�cr*
n. As a result, three additional users have4s�rieti the
system,but have no deeded easements. The water system, therefore, currently serves 22 residential
properties. These property owners hav for the most part, assumed responsibility for the upkeep of the
a for r airs to the system. Nine additional undeveloped parcels
water system and have been paying o p y ,
adjacent to
e upper Parcels have no ea ements to water on the project site, and no water service has
been reque ted b, the owners. The pare s are on steep hillsides and may be less developable than
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.addition to El Sereno Optn Space Preser.a initial Study QA a q ofL9.Af&r avxi" ES.-200216
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INITIAL STUDY AND PROPO� ITIGATED NEGATIVE DECLARATION
Discussion:
a) The proposed project site currently generates no wastewater and has no connection to a public
sanitary sewer system. The nearest public sanitary sewer system is operated by the West Valley
Sanitary District,whose district boundary is northeast of the project,proximate to Mountain Way.57
b) While the proposed project would not affect the existing use of water or wastewater treatment
facilities due to e d mand that wou
ld be _generated
g by uses on the protect site Itself,twenty-one
residential parcels, located downslope from the project area,have easements on the project site
which require the owner of the project site to provide domestic water service. Residences are
located on 19 of the parcels with easements; the remaining two parcels with easements are
undeveloped. In addition,three other residences in the vicinity are served by the water system,
although their land parcels do not have water service easements. There are an additional nine
undeveloped parcels in the vicinity of the proposed project that could be served by the water system
at a later time. These nine undeveloped parcels are not part of the proposed project,and due to
severe building constraints,may never be part of the replacement water system.
Currently, a 50,000-gallon water tank is located on the project site,into which the San Jose Water
Company pumps water for subsequent distribution to the 19 residences with easements and the
three other residences without easements.58 The existing water system requires a high degree of
maintenance due to leaks,low pressure,and service interruptions due to breaks in pipes.59
.16 !uw Jo de 4om airuiak ,
The District proposes to make a contribution of$800,000 ' e
e The contribution would be used in part for a new domestic water
system,the construction of which could have environmental effects. The potential of the water
supply system construction to have environmental effects is addressed in other sections of this
document,particularly the Biology, Geology/Soils,Hydrology/Water Quality, and
Transportation/Traffic sections,which conclude that where such effects may have a significant
effect,would be mitigated to a less than significant level.
c) The proposed project is located in a watershed area with natural drainage along deeply incised
creeks. Storm water drainage from the existing roadways and paths would remain generally
unchanged and would not themselves necessitate new storm water drainage facilities.
The proposed project could include the construction of a new water tank within the project area.
The location selection has been based on a number of considerations, including system design,
feasibility,and geotechnical,hydrological, and biological factors. The potential effects of a new
water tank, if constructed,are addressed in the Hydrology/Water Quality section of this document,
which concludes that the proposed tank site would not generate substantial runoff such that
additional drainage facilities would be needed. With regard to potential effects on drainage during
construction of the water tank, the Hydrology/Water Quality section includes Mitigation Measure
HYDRO.l to reduce any potential effects during construction to a less-than-significant level.
d) The proposed project would not require additional water entitlements. The project area would not
be open to the general public for the foreseeable future, and no facilities that would require water
are contemplated for the project area.
57 Yau, Henry,West Vallev Sanitation District,personal communication,March 16,2000.
58 Woods,Del,Senior Acquisition Planner,personnel communication,March 8,2000.
59 Woods,Del,and '�,lichael Williams, Draft Staff Report to Board of Directors,Nfidpeninsula Regional Open Space District,
undated,p.3.
Addition to El Se%no Open Space Preserve Initial Stud, 52 ES.Ar'200216
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AMENDED PURCHASE AGREEMENT -- BARGAIN SALE
THIS AMENDED PURCHASE AGREEMENT the"A eement" is made and entered into by
and between WALLAa, KRONE and WILLIAM BISHOP, Trustees U.T.A, dated March 2, 1989,
solely in their capacity as Trustees, hereinafter called "Seller," and the MIUPENINSULA
REGIONAL OPEN SPACE DisTRlCT, a Public District formed pursuant to Article 3 of Chapter 3
of Division 5 of the California Public Resources Code,hereinafter called"District."
RECrrALS j
WHEREAS, Seller is the owner of certain real property which has open space and
recreational value, located within an unincorporated area of the County of Santa Clara, State of
California 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 e ecolo
cal recreational and aesthetic resources of the mid la • and
f the ,o ,
getrinsu
8a
convey a en e o said property t
WHEREAS, Seller wishes to sell and n y the to ty f p petty o District and
District desires to purchase said property at a price substantially below its fair market value, and
upon the terms and conditions set forth herein.
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WHEREAS, Seller and District intend for this Agreement to supersede any and all prior
agreements between the parties, whether written or oral, including without limitation that certain
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Purchase Agreement—Bargain Sale executed by Seller on January 6, 2000, as amended by the
Amendment to Purchase Agreement—Bargain Sale executed by Seller on February 18,2000 and
Second Amendment to Purchase Agreement — Bargain Sale executed by Seller on April 18,
2000, and that certain Letter Agreement addressed to Craig L. Britton and dated January 24,
2000 (collectively, "Previous Agreements"). Upon execution of this Agreement by Seller,
General Manager, and General Counsel, the Previous Agreements shall be of no further force
and effect_
AGREEMENT
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Now, THEREFORE, in consideration of the foregoing recitals and the mutual promises
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and covenants herein contained, the Parties hereto agree as follows:
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I. PVWHASE AND SALE. Seller agrees to sell to District and District agrees to
purchase from Seller, that certain real property located within an unincorporated area of the
County of Santa Clara, State of California, containing approximately two hundred fifty-nine
(259) acres, more or less. Said property is described in the legal description attached hereto as
Exhibit A. Attached hereto as Exhibit B is the Preliminary Report dated May 1, 2000 and issued
by Chicago Title Company under order number 840203 (the "PTR"). Said property is to be
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conveyed together with any and all 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 property and appurtenances shall hereinafter be called the
"Subject Property"or the"Property."
2. PURCHASE PRICE. The total purchase price for the Property ("Purchase Price'),
regardless of the actual acreage of the Property, shall be Two Million and No/100 Dollars
($2,000,000.00) payable in cash. The Purchase Price is considered by the parties to be
substantially below the fair market value of the Property and Shan be paid in cash at The
-Closing"as defined in Section 4 hereof.
3. CHARITABLE CONTRIBtMON. Subject to the balance of this paragrdph, District
and Seller acknowledge and agree that Seller may seek to characterize and treat this sale as being
a charitable contribution to District. District expresses no opinion as to whether Seller or any
other party will receive any deduction for federal or state income tax purposes or whether Seller
or any other party will receive any other tax benefit as a result of this sale, andSeller
acknowledges and agrees that Seller is relying solely upon the advice of its own attorneys,
accountants and other professional advisors with respect to all such matters and as to the tax
consequences of this Agreement in general. Without limitation of the foregoing, if this s is
ale
not deductible by Seller or any other party for federal or state income tax purposes, in whole or
in part,or if such contribution is not treated as a charitable contribution, in whole or in part, such
non-deductibility or non-treatment will not relieve Seller of any of its obligations under this
Agreement or otherwise affect this Agreement in any way nor require the payment f y
I o an
additional or substitute consideration by District for the Property. District agrees to execute and
deliver to Seller IRS form 8283 with respect to this sale,
4. EscRow. Promptly upon execution of this Agreement, in accordance with
Section 12 herein, an escrow shall be opened by District at Chicago Title Company, 388 Market
Street, 13'h Floor, San Francisco, CA 94111 (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 zhar the panics 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 either party hereto, 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 May 31, 2000;provided, however, that the parties may, by written agreement, extend the
time for Closing. The term "Closing" as used herein shall be deemed to be the date when
Escrow Holder causes the deed or deeds effectuating the conveyance of the Property as provided
herein to be recorded in the Office of the County Recorder of Santa Clam County.
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(b) Seller and District shall, during the escrow period, execute any and 41
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 deed or deeds covering the Property. Notwithstanding anything to the contrary
contained in this Agreement and whether or not Seller assigns its rights under this Agreement to
an entity or to a beneficiary of the Trust of which Seller is Trustee or to individual beneficiaries
pursuant to Section I I(a) below, Seller may convey fractional interests in the Property to an
entity or to a beneficiary of the Trust of which Seller is the Trustee, and such entity or
beneficiaries may then convey fractional interests to District. so long as, upon the Closing, (i)
one hundred percent (1000/6) of the fee title to the Property, subject only to the Permitted
Exceptions,is conveyed to District by Seller and/or such entity and/or such beneficiaries, and(ii)
District is able to obtain an owner's policy of title insurance in accordance with Section 4(f)
below. if the Property is conveyed to District by individual beneficiaries of a trust, District
agrees that(i)such conveyances may be by Quitclaim Deed; and(ii)said beneficiaries shall have
no liability, cxprcss, implied or otherwise, under this Agreement, and (W) neither Trustees nor
beneficiaries shall have any liability, express, implied or otherwise, under any deed pursuant to
which such conveyances are made.
(d) District shall deposit into the escrow,on or before the Closing:
(1) A Certificate of Acceptance for the deeds, duly executed by
District and dated as of the Closing. As used herein, the term"'Certificate of Acceptance, shall
mean that certain certificate required to be executed by District in accordance with and in the
form prescribed by California Government Code§27281.
(U) District's cashier's check or wire transfer (as elected by Seller)
payable to Escrow Holder in the amount of One Million Nine Hundred Ninety-Seven Thousand
Four Hundred and No/100 Dollars($1,997,400.00), such amount to be in addition to the amount
referred to in Section 12 below. District and Seller shall instruct North American Title
Company to deposit into this escrow with Chicago Title Company the sum of One Thousand Six
Hundred and No/100 Dollars ($1,600-00) previously deposited with North American Title
Company by District,which sum shall be payable to Seller as part of the Purchase Price.
(e) District shall pay all escrow fees, the CLTA Standard Policy of Title
Insurance, if required by District(including any and all endorsements thereto), and all recording
costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be
apportioned or allocated between District and Seller in the manner customary in Santa Clara
County. All current property taxes on the Property shall be pro-rated through escrow between
District and Seller as of the Closing based upon the latest available tax information using the
customary escrow procedures.
(1) As a condition to District's obligation to purchase the Property, Chicago
Title Company shall be irrevocably 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
$6,000,000.00 that fee simple title to the Property is vested in District,subject only to: (i)current
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real property taxes and assessments, (10 all exceptions set forth in Schedule B of the PTR
attached hereto as Exhibit FI, except for delinquent real property taxes and assessments (items
numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10) and 23 and 24 as listed in Preliminary Report (ExhaWM
dated May 1, 2000), (iii)such additional title exceptions as may be caused or created by, or
approved in writing by, District prior to the Closing (collectively, the -Permitted Exceptions");
grid(Iv) technical corrections to the legal description set out in Exhibit A so that it is accurate.
(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 Deed(s) and attendant Certificate(s)of Acceptance to be recorded
in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder
shall commit to deliver to District the original of the policy of title insurance required herein and
shall deliver to Seller Escrow Holder's check or wired funds for the full Purchase Price of the
Subject Property (less Seller's portion of the expenses described in Section 4(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 without a default by either Seller or District 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,except the payment made by District as
set forth in Section 12 below.
(b) Rigbts and Liabilities of the Partin in the Event of Termination. In
the event this Agreement is terminated and escrow is canceled for any reason, other than a
default by Seller or District, 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 failure to close escrow caused
by such other party's default.
5. SEi4sit's WritFsENTATIONS 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 Closing, each of which
is material and is being relied upon by District.
(a) Autbority. 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 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) Litigation. To the Seller's knowledge, except for the Pending Action-,
described in Section 6 herein, there is no litigation, arbitration or other legal or administrative
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suit, action, proceeding or investigation of any kind relating to or involving the Property. Seller
has fully disclosed to District the existence of the Pending Action.
(d) Bankruptcy. Seller has not made an assignment for the benefit of
creditors nor has Seller filed for or had filed against it any petition in bankruptcy.
(e) Property Related Documents. Seller has delivered to District or made
available to District for review and copying all of the Property Related Documents as defined in
and in accordance with Section 6 herein.
6. SELLER COVENANTS.
(a) 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
Closing, cause or authorize any physical changes on the Property. Such changes shall include
but not be limited to grading, excavating or other carthmoving activities, cutting or removing
trccs, shrubs, brush or other Vegetation, and damaging or demolition of improvements or
structures on the Property.
(b) Disclosure of Property Related Documents. By May 5, 2000, Seller
shall have turrushed to District or made available for review by District (with the right to
photocopy the same) all documents in Seller's possession or control, or reasonably obtainable
from Seller's consultants, attorneys or agents, which consist of the following types of
documents.
(i) Reports, studies, audits, investigations, inspections, appraisals,
tests, and other inquiry materials concerning any physical condition of the Property, or any
improvement, structure, facility, road, utility, or water facilities thereupon, including, but not
limited to,the environmental or geotechnical condition of the Property and such improvements;
(h) Environmental impact reports,CEQA documents, zoning, land use
or development applications or documents relating to The Property;
(W) Government licenses, permits, entitlements or certificates
applicable to ownership,use,operation or occupancy of the Property; and
(iv) Documents filed or served in the action currently pending in Santa
Clara Superior Court entitled Richmond er-al v Saratoga Highlands of al.; K=e CJ al,-y-
RighMond et stL No. CV786195 (the-Pending Action").
If Seller has actual knowledge of the existence of any of the foregoing types of documents and
such documents are not in Seller's possession or control or reasonably obtainable from Seller's
consultants, attorneys or agents. By May 5, 2000 Seller shall identify in writing all such
documents and provide District with a W of the same.
The foregoing shall be collectively referred to as the "Property Related Documents."
Notwithstanding anything to the contrary contained in this Section 6(b), Seller shall not be
required to furnish to the District or provide the District access to Property Related Documents
PwCMU AgrWMont-am 5-4-WI 40c
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falling within the attorney/client or attorney work product privilege existing between Seller and
its attorneys except as set forth in this Section 6(b) or as set forth in Section 7(b) herein. Seller
agrees to furnish to the District documents related to the Pending Action, and to the physical
condition of the Property to the extent such documents disclose information regarding the
g g h
physical condition of the Property even though such documents may be privileged. If Seller
furnishes or allows the District access to such privileged documents, the District shall keep such
documents confidential and shall not release such documents to any third party. The providing
b Seller of such privileged documents o y p g en t the District shall riot be deemed a general al waiver of
the attomeylclicnt or work product privilege with respect to the Property Related Documents.
(c) District shall have until May 19, 2000 to review any Property-Related
and to conduct Documents u any inspection or investigation to satisfy itself regarding any concerns
District may have related to the information contained in said Documents. If, prior to May 19,
2000, District detertnincs in good faith that any Property-Related Documents indicate that any
repair, clean-up, building or zoning code compliance, mitigation or remediation of a material
nature of the physical condition of the Property may be required,the District shall have the right,
prior to Closing, to terminate this Agreement. If District elects to terminate this Agreement
pursuant to this Section, it shall notify Seller in writing by midnight on May 19,2000 pursuant to
the notice provisions of Section 11(g) herein. Such written notice may be provided by the
General Manager of the District. Absent such written notification,District shall have waived its
right to terminate this Agreement pursuant to this Section. In the event the Agreement is
terminated, the provisions of Section 4(h)herein shall apply. Any inspection of the Property by
District shall be in conformity with Section 11(a)herein.
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7. DisTRicT Coy EN
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(a) Homeowaer's Association. District and Seller acknowledge that the
Property is subject to certain easements and/or covenants which require the owner of the
Property to provide a certain level of domestic water supply and road maintenance to certain
adjacent properties (hereafter referred to as the "Covenants"). District agrees that it shall take
title to the Property subject to such Covenants which burden the Property. Further, in order to
satisfy or remove such Covenants, District covenants to expend an amount no less than the sum
of Eight Hundred Thousand and Noll00 Dollars($800,000.00)(the-Contribution")to remove or
satisfy such Covenants. The parties acknowledge that this covenant is not part of the Purchase
Price to be paid to Seller, but rather, a covenant that, after Closing„ District will make the
Contribution as provided for by law to such entity or person, and at such time, in District's sole
discretion,as District deems lawful and appropriate to receive the Contribution in order to satisfy
said Covenants. District,at District's sole cost and expense, shall protect,indemnify,defend and
hold Seller harmless from and against any and all liabilities, losses, suits, claims, actions, costs
and expenses (including without limitation reasonable attorneys' fees) (hereafter "Claims")
incurred by Seller as a result of Claims made by any owner, tenant or lessee of the adjacent
parcels benefited by the Covenants,arising out of or to connection with the Covenants.
(b) Indemnification. District covenants to defend, indemnify and hold Seller
harmless as follows-
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W District shall defend, with the firm of Howard, Rome, Martin &
Ridley LLP, or such other qualified counsel reasonably acceptable to Seller, indemnify, protect
and hold Seller, and all of its officers, directors, trustees, beneficiaries, officials, employees,
attorneys, and agents (collectively, "Indemnitees") harmless from and against any and all
liabilities, losses, damages, judgments, claims, suits, actions, causes of action, demands,
proceedings, costs and expenses, including without limitation reasonable attorneys' fees
(collectively "Claims") suffered or incurred by or threatened against Indemnitees, or any one of
them,that arise out of or are connected with:
(1) the action now pending in the Superior Court of Santa
Clara County, California entitled 'Richmond eL at. Y. Saratoga �„hj £et al X o c et al V.
Richmond Cr al., No. CV786195 ("the Pending;Action")including any claims asserted by any of
the plaintiffs in the Pending Action and any claims asserted by any other parties in the Pending
Action.
(2) any claims that have been or could be asserted by plaintiffs
in the Pending Action concerning any of the events or occurrences alleged in the Pending Action.
(ii) Nothing in this Section is intended to, nor shall be construed to,
require District to reimburse Seller for any attorneys' fees, expert costs, or other costs or i
expenses incurred by Seller in connection with the Pending Action prior to the effective date of
this Agreement.
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(W) This indemnity shall survive Closing and recordation of any and all
deeds in connection therewith.
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(iv) Joiju R District has requested that Seller agree to joint
representation of any Claims, as defined above, in which Seller and District are both named as
parties in the Pending Action, among other reasons, for the purpose of reducing overall defense
an&or prosecution costs and coordinating defense and/orachievingsecution activities and '
the
most effective possible defense of the Claims. District and Seller hereby agree to such joint
jrepresentation by District's counsel and agree to waive any actual or potential conflicts that may
arise therefrom, except as expressly set forth below. Seller specifically acknowledges and agrees j
that it will not later argue or assert that any such joint station is grounds for disqualifying
District's counsel from representing District. During the course of such joint representation, if
any then be,District shall have final decision making authority with respect to administration of
the joint defense and/or prosecution,and/or settlement of the Pending Action,except that District
shall m good faith consult and confer with Seller on all material decisions relating to such
representation. District shall send Seller copies of all pleadings and material correspondence, and
shall regularly inform Seiler of the progress and status of the joint representation. If such joint
representation becomes necessary,
� rep nary, District and Seller agree to enter into an appropriate joint
representation agreement on reasonable terms consistent with this Agreement to implement the
joint representation. This indemnity shall not require District to reimburse Seller for costs of
Seller's legal counsel in representing or advising Seller with respect to said agreement. If during
the course of such joint representation, either District or Seller determines(in its sole discretion)
that such joint representation is not in its best interest,thea either District or Seller may withdraw
from such joint representation by giving written notice to the other. In that event:
PomMic wgrccmenr-Ckan 5-4-001.d"c
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(1)If Seller is the withdrawing party, Seller shall thereafter pay the
costs of its own representation and District shall have no obligation or responsibility for the
same, except that Seller shall be entitled to receive full reimbursement for such costs upon a
showing that its decision to withdraw from the joint representation was reasonable and was
necessitated by the refusal of District to cooperate reasonably in a joint representation or by an
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actual conflict of interest arising between District and Seller.
(2) If District is the withdrawing party, District shall pay the
reasonable cost of Seller's defense by providing its separate qualified counsel (selected by
District subject to Seller's reasonable approval) subject to District's right to seek reimbursement
for such costs upon a showing that its decision to withdraw from the joint defense was
reasonable, and was necessitated by the refusal of Seller to cooperate reasonably in presenting a
joint defense and/or prosecution.
(v) District and Seller will cooperate in the defense and/or prosecution of
the Pending Action and assist in the development of the defense and prosecution of the case
generally. Seller shall not admit liability or aid the plaintiffs by ancinptiug to assert liability
against the District in the Pending Action. Seller shall not provide witnesses, evidentiary
material, or documents to plaintiff except as required in discovery or by court order or as
otherwise required by law. District shall not be required to reimburse Seller for costs of Seller's
own legal counsel if Seller chooses to obtain its own counsel to represent or advise Seiler in
connection with Seller's obligation to cooperate in said defense or prosecution.
(vi) In the event insurance is available to District which may provide a
defense for the Pending Action, the parties agree that the defense obligations of this Section may
be met by qualified counsel reasonably acceptable to District's insurer_
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i (vii) In consideration of the valuable mutual promises and covenants set
out in this Agreement, District and Seller agree as follows: Seller, on behalf of itself and all of
its trustees, beneficiaries, officers, directors, officials, employees, and agents (collectively
"Seller") hereby assigns, sells and transfers all of Seller's tight, title and interest in and to the
cross-complaint in the Pending Action entitled&Mne Cr al v Richmond er a . together with any
and all rights of recovery thereunder for any and all damages or awards of any kind or stature,
whether economic or non-economic. District shall have the right but not the obligation to
I prosecute said cross complaint.
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(viii) Notwithstanding anything to the contrary in Section 6(b) herein,
when requested to do so by District after the closing, Seller at its own cost shall deliver and
cause its legal counsel to deliver to District's counsel copies of all documents, materials and
legal files, excluding attorneys notes but including information therein that is relevant to the
defense or prosecution of the Pending Action so that District's counsel can undertake the defense
and/or prosecution provided in this Section. District shall reimburse Seller for the direct costs of
copying said documents. Provision of materials or documents falling within the attorney-client
or attorney work product privilege will not be considered a waiver of such privileges and shall be
kept confidential to the extent allowed by law.
PuMllax wgrcCMMI•Citm 5-4-001 doc
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(c) After the Closing, District covenants to dedicate the property for park and
open space purposes pursuant to Public Resources Code §5540, except for a
portion of such Property as is necessary or convenient in order for the District to
fulfill its easement obligations to owners of adjacent properties.
8. HAzwsnous WASTE.
(a) Dermitious. 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 er soq.)and the Resource Conservation and Recovery Act(42 U.S.C. Section 6901
er 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 Closing, each of which is material and is being relied upon by
District.
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(i) To Seller's knowledge: (A) the Property does not contain and has
not previously contained any Hazardous Waste or underground storage tanks; (8)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
d C Seller t or authorized an of a foregoing;Pro � an has no and th and. ( ) ertaken, y
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is' To Seller's knowledge, Seller has not received �
( )
r el ed notice and Seller
has no 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, tender or about the Property, or
the transportation to or from the Property, of any Hazardous Waste, nor to Seller's knowledge
has Seller received any communication from any such person or governmental agency or
authority concerning any such matters.
(c) ludemnity. Seller shall indemnify, defend and hold harmless District
from and against and all claims, liabilities, losses, damages, and costs incurred or suffered 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 in Section
8(b)above.
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9. AS-ls.
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(a) District acknowledges W that District has entered into this Agreement
with the intention of making and relying upon its own investigation of the physical,
environmental, economic and legal condition of the Property, and (ii)that District is not relying
upon any representations and wan-antics,other than those specifically set forth in Sections 5 and
8(b) above, made by Seller or anyone acting or claiming to act on Seller's behalf concerning the
Property. District further acknowledges that it has not received from Seller any accounting, tax,
legal, architectural, engineering, property management or other advice with respect to this
transaction and is relying solely upon the advice of its own accounting, tax, legal, architectural,
engineering, property management and other advisors. Subject to the provisions of Sections 5
and 8(b) of this Agreement, District shall purchase the Property in its "as is" condition on the
date of Closing and assumes the risk that adverse physical, environmental, economic or legal
conditions may not have been revealed by its investigation.
(b) Except with respect to any claims arising out of any breach of covenants,
representations or wan-antics set forth in Sections 5 and 8(b) hereof, District, for itself and its
agents, affiliates, successors and assigns, hereby releases and forever discharges Seller, its
agents,affiliates, successors and assigns from any and all rights,claims and demands at law or in
equity, whether known or unknown at the time of this Agreement, which District has or may
have in the future,arising out of the physical, environmental, economic or legal condition of the
Property, including, without limitation, any claim for indemnification or contribution wising
under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.
Section 9601, er seq.) or any similar federal, state or local statute, rule or ordinance relating to
liability of property owners for environmental matters. For the foregoing purposes, District
hereby specifically waives the provisions of Section 1542 of the California Civil Code and any
similar law of any other state,territory or jurisdiction. Section 1542 provides:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the Time of executing the release,
which if known by him must have materially affected his settlement with
the debtor.
District hereby specifically acknowledges that District has carefully reviewed this
subsection and discussed its import with legal counsel and that the provisions of This subsection
are a material pan of this Agreement.
District
10. WAIVIER OF ftLOCATION BIENJEFITS AND STATUTORY COMPIENSATION. Seller
and District understand and agree that Seller may be entitled to receive certain relocation benefits
and the fair market value of the Property, 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 er
seq-), and the California Relocation Assistance Act, Government Code Section 7260 er 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
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May-05-00 01:49am FromrCOOLEY GOOW" 'LP 14159513699 T-696 P 12/41 F-244
thereunder and to an other compensation,exc t as o adopted th y except pr vtdcd to this Agreement. Seller
has been advised as to the extent and availability of such benefits, procedures, notice periods,
and assistance(including the fair market value of the Property), and freely and knowingly waives
such claims, rights and notice periods except as set forth in this Agreement.
11. MISCELLANEOUS PROVISIONS.
(a) Access for Investigations. From the date of the execution of this
Agreement by Seller, General Counsel and General Manager through Closing, District's agents,
lender, contractors, engineers, consultants, employees, subcontractors and other representatives
(the "District Parties") may enter upon the Property for the purpose of inspecting, testing and
evaluating the same;provided,however, that District may not perform any work on the Property
without Seller's prior written consent, which shall not be unreasonably withheld or delayed.
District shall indemnify,protect, defend and hold Seller free and harmless from and against any
and all claims, actions, causes of action, suites,proceedings. costs, expenses (including, without
limitation, attorneys' fees and costs), liabilities, damages, and liens causer by the activities of
District Parties while upon the Property prior to the Closing; provided, however, the foregoing
indemnity shall not cover or include any claims, damages or liens resulting from District's
discovery of any Hazardous Waste or other pre-existing adverse conditions pursuant to its
inspections, testing or evaluation. District's inspections shall be at District's sole expense.
District shall repair any damage to the Property that may be caused by the District Parties while
on the Property performing its inspections-
(b) Cboice 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.
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(c) Seller's Knowledge. As used in this Agreement, the terms "Seller's
t w "Seller w
knowledge," "to the best of Seller's knowledge,"a Seil Into s of or air other similar term
g , g , Y i
shall mean the current, actual, subjective knowledge of Wallace Krone and William Bishop,
without inquiry or duty to investigate.
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(d) Attorneys' Fees. If either party hereto incurs any expense, including
reasonable attorneys' fees, in connection with any action, arbitration or other proceeding
instituted to seek to enforce or interpret this Agreement or any dispute arising out of or relating
to this Agreement (including but not limited to Section 7 above), the party prevailing in such
action, arbitration, or other proceeding shall be entitled to recover from the other party
reasonable expenses and attorneys' fees in the amount determined by the Court or arbitrator,
whether or not such action or proceeding goes to final judgment or award. In the event of a
settlement or final judgment or award in which neither party is awarded all of the relief prayed
for,the prevailing party as determined by the Court or arbitrAtorshall be entitled to recover from
the other party reasonable expenses and attorneys' fees.
(e) 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
Prrctiase 1►greert+�-C�.n S.a.utt t 4oc
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documents delivered pursuant hereto; (tii)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 party
art
Y
of any of its obligations under this Agreement. The General Manager of the District is
authorized to agree to an extension of the time for the performance of any obligations
ons on the part
of District or Seller pursuant to this Agreement; and to a take an ac
tions
P SY' y and execute any
documents necessary or appropriate to closing escrow and completing this conveyance, including
execution of any documents winch may allow Seller to accomplish a tax deferred exchange of
property as permitted by law;provided, however, that District shall not take title to any third
PAY 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 and signed by the waiving party or by
both patties in the case of an amendment or extension hereof.
(t) 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.
(g) Notices. Whenever any parry 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
rdelivered 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
j follows:
Seller- Wallace Krone
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1650 Borel Place,Suite 226
San Mateo,CA 94402
(650)570-7080-tel
(650)570-7305 -fax
Bill Bishop
5325 Vollkens Road
Sebastopol,CA 95472
(707)823-4804-tel
(707) 829-3224—fax
w/a copy to: Cooley Godward LLP
One Maritime Plaza,2&Floor
San Francisco,CA 94111-3580
K,actkx.Vramrni-ck-n 5-4401.4m
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Aim: Mike e
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Mt Kelly
(415)951-3699—fax
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District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L.Craig Britton,General Manager
(650)691-1200-tel
(650)691-0485 - fax
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If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or
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cabled notice shall promptly be sent by another method allowed under this Section 11(g) 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. Either
parry hereto may from time to time, by notice in wasting 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.
(b) 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 parries 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.
(i) 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.
(j) '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 deemedd 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.
(k) 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 supersedes any and all prior correspondence, couversadons,negotiations,agreements
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or understandings relating to the same subject matter.
(1) Time of Essence. Time is of the essence of each provision of this
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Agreement in which time is an element.
(m) Survival of Covenants. All covenants of District or Seller which are
expressly intended hereunder to be performed in whole or in pan after the Closing, and all
representations and warranties by either party to the other, shall survive the Closing and be
P mb"e A*wMat-Ckm 5.4-001 dot
05050oni934 13.
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binding upon and inure to the benefit of the respective patties hereto and their respective heirs,
successors and permitted assigns.
(a) 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. Notwithstanding the foregoing, Seller may assign
all or fractional portions of its tights under this Agreement to an entity or to a beneficiary or
beneficiaries of the Trust of which Seller is Trustee, as necessary or desired(as determined by
Seller in Seller's sole discretion)to achieve certain tax results in connection with the conveyance
of an interest in the Property by such entity or beneficiary to District pursuant to Section 4(c) of
this Agreement.
(o) Further Documents and Acts. Each of the patties 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-
(p) 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.
( Broker's Commission. Each patty warrants and represents to the other
that such party has not retained any real estate broker, finder or any other person whose services
would form the basis for any claim for any commission or fee in connection with this Agreement
or the transaction contemplated hereby. Each party agrees to and does hereby indemnify and
hold the other harmless from and against any and all costs, liabilities, losses, damages, claims,
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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 such party in connection with
this transaction. District shall not be responsible for any real estate commission or other related
costs or fees in this transaction.
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(r) Captious. Captions are provided herein for convenience only and 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.
(s) 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.
(t) Arbitration of Disputes. Any dispute, claim or controversy of whatever
nature arising out of or relating to this Agreement (including any other a eeintnt s
contemplated hereunder), including, without limitation, any action or claim based on tort,
contract, or statute, or concerning the interpretation, effect, termination, validity, performance
and/or breach of this Agreement, shall be resolved by final and binding arbitration before a
single arbitrator ("Arbitrator') selected from and administered by Judicial Arbitration and
Mediation Services (-TAMS"), in accordance with its then existing arbitration rules or
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procedures regarding commercial or business disputes. The arbitration shall be held at such
location as the parties and the Arbitrator select.
The Arbitrator shall, within fifteen (15) calendar days after the conclusion of the Arbitration
hearing, issue a written award and a written statement of decision describing the reasons for the
award, including the calculation of any damages awarded. The Arbitrator shall be empowered to
award compensatory Or actual damages, but shall NOT have the authority (1) to award non-
economic damages, such as for emotional distress, pain and suffering or loss of consortium, (Ii)
to award punitive damages, or(iii)to reform, modify or materially change this Agreement or any
other agreements entered into between the parties. The parties shall bear equally the costs and
fees of the administrator, arbitration, and the Arbitrator; however, the Arbitrator, in his or her
sole discretion, "I be authorized to determine whether a party is the prevailing party and, if so,
to award to that prevailing party reimbursement for its reasonable attorneys' fees, disbursements
(including, for example, expert witness fees and expenses, photocopy charges, travel expenses,
etc.), and costs arising from the arbitration. The Arbitrator, and not a court, shall also be
authorized to determine whether the provisions of this section apply to a dispute, controversy or
claim sought to be resolved in accordance with these arbitration procedures.
Absent the filing of an application to correct or vacate the arbitration award under California
Code of Civil Procedure section 1285 through 1288.8, each party shall fully perform and satisfy
the terms of the arbitration award within 60 days of the service of the award. By agreeing To this
binding arbitration provision, the parties understand that they are waiving certain substantial
rights and protections which may otherwise be available if a dispute between the parties were
determined by litigation in court, including, without limitation, the right to seek or obtain items
referenced in clauses(i)through(111)above, the right to a jury trial and certain rights of appeal.
(u) Signatures by Facsimile. Copies of this Agreement signed and delivered
by facsimile transmission and/or facsimile counterpart shall be deemed to be fully and properly
executed and delivered originals.
12. Acceptance. District shall have until midnight May 10, 2000 to accept and
execute this Agreement. From the period commencing upon execution of this Agreement by
Seller until midnight May 10,2000,this Agreement shall constitute an irrevocable offier by Seller
to sell and convey the Property to District for the consideration and under the terms and
conditions herein set forth. Upon mutual execution of this Agreement by the parties hereto, that
certain Purchase Agreement - Bargain Sale executed by Seller on January 6. 2000, as amended
by Amendment to Purchase Agreement—Bargain Sale executed by Seller on February 18, 2000,
and Second Amendment to Purchase Agreement — Bargain Sale executed by Seller on April 18,
2000, and that certain Letter Agreement addressed to L. Craig Britton and dated January 24,
2000, shall be superseded and of no further force and effect. As consideration for said
irrevocable offer, District shall deliver to Escrow Holder the sum of One Thousand and No/100
Dollars($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
their duly authorized officers to be effective as of the date of final execution by District in
accordance with the terms hereof.
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•111 P IT/IT D•t7!
AiSMCT &MICK
_NWININSIX.4 R#CIO*44L QrIN
SWT DISTRICT
ay:
Approved as to Farce►: w"LACR iw(i ,Tnu,ee —�
Dau-
By
Sum X 9chermM, .
(nient Cauud 8Y'
Accaasmradwd for Apjuovap
F crag g Htitwu,
Oft"MMUSCT
Dale:
Apprwcd"d Accepted:
By
president,HOW arvirectvrs
Duc:
ARM
by.
Deirdre Dat4 DiMV1 Clark
Due-
PolftM AvwwwKVw%f{�iG100e
ttOfOGOGi4 14.
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'Fig T-541 P 'n' F-DD&
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DI-i Kic v SELLER
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vi 1m-4 jNstlLw RTciolyAL Open
,ir•i t pRSTIUrT
Appi need as ro Form: WAL"CE KROVIE, T r,
Dale: eno
Squa M. schecttaart,
UCj{CrBI Cowad By:
Wjl-l.twM$J9floP, TTusTrc
R.uc.._
Kr..irnwcadcd for Approval:
c��Tirral Manager
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%pprsived aad Acerpted:
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g, I
:'rr%id Board of Directors j
.afT�tf
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I lords Dolan, Dismct Clerk
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�..•.-r •: •rn,cr.�iK�n s�+A1 art
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jIN 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
By:
Approved as to Form: WALLACE KRONE, Trustee
Date:
By: &AA� �
Susan M. Schectman,
General Counsel By:
Date: I
J Z-) vo WILLI m BISHOP, Trustee
Date:
Recomme de or Approval:
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By:
L. Craig ritton,
General Manager
Date: `�' 00
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Approved and Accepted:
By:
President, Board of Directors
Date:
Attest:
By:
Deirdre Dolan, District Clerk
Date:
Purchase Agreement-Clean 5-2
050200/1558 16.
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Exhibit A
Legal Description
(to be attached)
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s-4.00 .
urchase c-Clean 1 doc
p �lgratnrn
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Order 140: sasuniv ,77
. 1 DESCRIPTION
PARCEL ONE:
BEGINNING AT A 2" X 4" STAKE IN THE ONE-QUARTER SECTION LINE RUNNING
NORTHERLY AND SOUTHERLY THROUGH THE CENTER OF SECTION 18, TOWNSHIP e
SOUTH, RANGE 1 WEST, M.D.B. i M. DISTANT THEREON SOUTH 0 DEG 35' WEST
334.80 FEET FROM THE POINT OF INTERSECTION OF SAID ONE-QUARTER SECTION
LINE WITH THE CENTER LINE OF BALMER AVENUE AS SAID AVENUE IS SHOWN ON
THE MAP OF MAP NO. 2 OF THE W. S. CL.AYTON JR. H. CHACE, E. SCHLLLINGSBURG
AND J.P. DORRANCE SUBDIVISION OF A PART OF THE GLEN UNA RANCH, WHICH MAP
Is ON FILE IN THE OFFICE OF THE RECORDXR OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA IN BOOK "P" OF MAPS, AT PAGES 53 AND 54. SAID POINT
OF INTERSECTION BEING DISTANT ALONG SAID ONE-QUARTER SECTION LINE SOUTH 0
DEG 41' WEST 310.00 FEET FROM A 3/4 INCH IRON PIPE AT THE ONE-QUARTER
SECTION CORNER IN THE CENTER OF SAID SECTION 18, SAID POINT OF BEGINNING
ALSO AXING THE SOUTHEASTERLY CORNER OF THAT CERTAIN 2.24 ACRE PARCEL OF
LAND CONVEYED BY R. V. MON7.GOPWRY, 8T UX, TO PAUL G. RICHJUMS, FT UX, SY
DEED DATED MAY 28, 1954 AND RECORDED JLNE 3, 1954 IN BOOK 2886 OF
OFFICIAL RECORDS, PAGE 630 SAWA CLARA COUNTY RECORDS: THENCE FROM SAID
POINT OF BEGINNING LEAVING SAID ONE-OUARTER SECTION, LINE AND RUNNING
ALONG THE SOUTHERLY LINE OF SAID 2.24 ACRE PARCEL OF LAND NORTH 87 DEG
S91 WEST 113.65 FEET AND SOUTH 83 DEG 43' WEST 52.06 FEET TO THE
NORTHEASTERLY CORNER OF THAT CERTAIN 1.17 ACRE, GROSS, PARCEL OF LAND
CONVEYED TO R- V. MONTGOMERY, ET UX, TO C. AUSTIN POYNTER, JR.. ET UX, BY
DEED DATED JULY 15, 1954 AND RECORDED AUGUST 11. 1954 IN BOOR 2935 OF
OFFICIAL. RECORDS PAGE 566, SANTA CLARA COUNTY RECORDS.
I
THENCE LEAVING SAID 2.24 ACRE PARCEL OF LAND AND FOLLOWING THE AODNDARIES
OF SAID 1.17 ACRE PARCEL OF LAND SOUTH 8 DEG 02' EAST 252.69 FEET TO A
ONE INCH IRON PIPE SET IN THE CENTER LINE OF A 60 FOOT EASEMENT KNOWN AS
LITTLEBROOK DRIVE;
THENCE ALONG SAID CENTER LINE SOUTH 73 DEG 20' WEST 196.06 FEET TO A ONE
INCH IRON PIPS;
THENCE LEAVING THE CENTER LINE OF LITTLEBROOK DRIVE NORTH 6 DEG 17, 30"
WEST 287.85 FEET TO A 2" X 4" STAKE AT THE NORTMMSTERLY CORNER OF SAID
1.27 ACRE PARCEL OF LAND IN THE SOUTHERLY LINE OF SAID 2.24 ACRE PARCEL
OF LAND;
THENCE LEAVING SAID 1.17 ACRE PARCEL OF LAND AND RUNNING ALONG THE
SOUTHERLY BOUNDARY OF SAID 2.24 ACRE PARCEL OF LAND SOUTH 87 DEG S9' WEST
114.28 FEET TO A 2" X 4" STAKE AND NORTH 36 DEG 31, WEST S9.46 FEET TO A
3/4 INCH IRON PIPE IN THE CENTER LINE OF AN EASEMENT 40 FEET WIDE KNOWN
AS WOODWARDIA LANE AND IN THE SOUTHEASTERLY LINE OF THAT CERTAIN 2.28
ACRE PARCEL OF LAND CONVEYED BY R- V. MONTGOMERY ET UX. TO MARY M.
EETLER. BY DEED DATED JUNE 13, 1952 RECORDED APRIL 18. 1952 IN BOOK 2472
OF OFFICIAL RECORDS, PAGE 523, SANTA CLARA COUNTY RECORDS;
THENCE LEAVING SAID 2.24 ACRE PARCEL OF LAND AND RUNNING ALONG THE CENTER
LINE OF SAID WOODWARDIA LANE AND ALONG THE SOUTHEASTERLY LINE OF SAID
2.28 ACRE PARCEL OF LAND AND THE SOUTHEASTERLY LINE OF THAT CERTAIN 1.98
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DESCRIPTION
2
ACRE PARCEL OF LAND CONVEYED HY R. V. MONTGOMERY ET UX, TO S. EARL BROWN,
ET UX. SY DEED DATED JUNE 9. 1953 RECORDED JUNE 29, 1953 IN BOOK A673.
PAGE 367 OFFICIAL RECORDS OF SANTA CLARA COUNTY, SOUTH 56 DEG 09• WEST
343.64 FEET TO AN IRON PIPE AT TIM WESTERLY TERMINUS OF SAID CENTER LINE
OF WOODWARDIA LANE AND THE SOUTHERLY CORNER OF SAID LAND;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID 1.98 ACRE PARCEL OF LAND
NORTH 47 DEG 20' WEST 119.30 FEET TO AN IRON PIPE AT THE EASTERLY CORNER
OF THAT CERTAIN 0.08 ACRE PARCEL OF LAND CONVEYED BY R. V. MONTGOMERY, ET
UX, TO S. EARL BROWN, ET UX, BY DEED DATED JULY 7. 19S3, RECORDED JULY S.
19S3 IN HOOK 2630 OF OFFICIAL RECORDS, AT PAGE 417. SANTA CLARA COUNTY
RECORDS;
THENCE LEAVING SAID i.98 ACRE PARCEL OF LAND AND RUNNING ALONG THE
SOUTHWESTERLY LINE OF SAID 0.08 OF AN ACRE PARCEL OF LAND NORTH 62 DEC
04' WEST 160.12 FEET TO AN IRON PIPE AT THE WESTZRLY CORNER OF SAID 0.03
OF AN ACRE PARCEL OF LAND IN THE CENTER LINE OF SAID EASEMENT 60 FEET
WIDE KNOWN AS LITTLEBROOK DRIVE;
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THENCE ALONG THE CENTER LINE OF SAID LITTLBHROOK DRIVE THE FOLLOWING
COURSES AND DISTANCES. SOUTH 31 DEG 24' WEST 65.81 FEET, THENCE ON A
CURVE TO THE RIGHT WITH A RADIUS OF 100 FEET THROUGH AN ANGLE OF 39 DEG
17' FOR A DISTANCE OF 68.56 FEET: THENCE SOUTH 70 DEG 41' WEST 41.67
FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 7S FEET, THROUGH AN
ANGLE OF S9 DEG 38, FOR A DISTANCE OF 78.06 FEET: THENCE ON A CURVE TO �
THE LEFT WITH A RADIUS OF iS2.23 FEET, THROUGH AN ANGLE OF 21 DEG 02' FOR
A DIS
TANCE
OF 55.90 FEET THENCE SOUTH 9 DEG 59' EAST 71.73 FEET TO AN
IRON PIPE; THENCE SOUTH 2 DEG 18, WEST 179.6S FEET TO AN IRON PIPE;
THENCE SOUTH 6 DEG 48' 301, WEST 117.40 FEET TO AN IRON PIPE AT THE
SOUTHEASTERLY CORNER OF THAT CERTAIN 1.52 ACRE, GROSS. PARCEL OF
(
LAND CONVEYED BY R. V. MONTGOMERY, ET UX. TO MARK COX, RT UX, BY DEED
DATED NOVpMBER 2, 19S3 RECORDED NOVEMBER 10. 1953 IN BOOK 27SS OF
OFFICIAL RECORDS, PAGE 119, SAM CLARA COUNTY RECORDS:
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THENCE LEAVING THE CENTER LINE OF LITTLEBROOK DRIVE AND RUNNING AL40M THE
SOUTHERLY LINE OF SAID 1.S2 ACRE PARCEL OF LAND, NORTH 69 DEG 40 ' WEST
218.62 FEET TO AN IRON PIPE AT THE SOUTHWESTERLY CORNER OF SAID i.S2 ACRE
PARCEL OF LAND IN THE CENTER LINE OF AN EASEMENT 60 FEET WIDE, KNOWN AS
OVERLOOK DRIVE:
THENCE ALONG THE CENTER LINE OF SAID OVERLOOK DRIVE NORTH 0 DEG 36, EAST
147.20 FEET TO AN IRM PIPE AND THENCE NORTH 9 DEG 51 EAST 234.40 FEET TO
AN IRON PIPE AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN 6.1 ACRE TRACT
OF LAND CONVEYED BY R. V. MONTGOMERY ET UX, TO JOSEPHH C. ROSSOTTO, ET UX.
BY DUD DATED MARCH 24, 1947 RECORDED MARCH 28, 1947 IN BOOK 1465 OF
OFFICIAL RECORDS PAGE 107 SANTA CLARA COUNTY RECORDS;
THENCE LEAVING OVERLOOK DRIVE AND RUNNING ALONG THE SOUTHERLY BOUNDARY OF
SAID 6.1 ACRE TRACT OF LAND WEST 268.08 FEET TO A 3/4 INCH IRON PIPE AT
THE SOUTHWESTERLY CORNER THEREOF:
90-33/4Mli M
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DESCRIMON
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THENCE ALONG THE WESTERLY BOUNDARY OF SAID 6.1 ACRE TRACT OF LAND THE
FOLLOWING FIVE COURSES AND DISTANCES;
NORTH 9 DEG 56' EAST 69.43 FEET TO A 2" X 4" STAKE;
THENCE NORTH 2 DEG 15' WEST 77.33 FEET TO A 2" X 4" STAKE;
THENCE NORTH 23 DEG 09' WEST 176.08 FEET TO A 2- X 4" STAKE;
THENCE NORTH 16 DEG 55' 30" WEST 231.46 FEET TO A 3/4 INCH IRON PIPE AND
THENCE NORTH 27 DEG 20" WEST 61.67 FEET TO AN IRON PIPE IN THE CENTER
LINE OF HAINTIR AVENUE 40 FEET WIDE, AS SHORN ON SAID MAP OF MAP NO. 2 OF
THE GLEN UNA RANCH HFRFINASOYS REFERRED TO;
THENCE ALONG SAID CENTER LINE OF RAINTER AVENUE, THE FOUR FOLLOWING
COURSES AND DISTANCES;
NORTH 73 DEG 37, WEST 198.00 FEET;
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SOUTH 80 DEG 13' WEST 172.60 FEET.
f SOUTH 76 DEG 31' WEST 363.00 FEET TO THE MOST WESTERLY POINT OF SAID
f CENTER LINE OF SAINTER AVENUE AT THE ENDING OF COURSES NO. 5 AND THE
BEGINNING OF COURSE NO. 6 OF SAID CENTER LINE AS SHOWN ON SAID MAP OF NO.
2 OF THE GLEN UNA RANCH;
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THENCE LEAVING SAID CENTER LINE OF BAINTER AVENUE AND RUNNING
SOUTHWESTERLY IN A STRAIGHT LINE 287.00 FEET, MORE OR LESS TO THE
SOUTHEASTERLY CORNER OF THAT CERTAIN 19.12 ACRE TRACT OF LAM CONVEYED BY
ARAY RELIEF SOCIETY, A CORPORATION, TO GENEVIEVE C. BISHOP, BY DEED DATED
MARY 15, 193S RECORDED APRIL 19, 1935 IN HOOK 728 OF OFFICIAL RECORDS AT
PAGE 191, SANTA CtARA COUNTY RECORDS SAID CORNER BEING MARMD BY AN IRON
PIPE AND FROM WHICH A LAUREL TRNX BEARS SOUTH 4 DEG 50' EAST 2.64 FEET,
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THENCE FOLLOWING TIER SOUTUR"Y AND WESTERLY BOUNDARIES OF SAID 19.12 ACRE
TRACT OF LAND THE THREE FOLLOWING COURSES AND DISTANCES;
NORTH 67 DEG 54, WEST 276.67 FEET TO AN IRON PIPE;
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THENCE NORTH 27 DEG 38, WEST 468.60 FEET TO AN IRON PIPE;
AND THENCE NORTH 23 DEG 50' EAST 185.46 FEET TO THE POINT OF INTERSECTION
OF THE WESTERLY BOUNDARY OF SAID 19.12 ACRE TRACT OF LAND WITH THE
SOUTHERLY I= OF LOT 34 AS SHOWN ON SAID MAP NO. 2 OF THE GLEN UNA
RANCH;
THENCE LEAVING SAID 19.12 ACRE TRACT OF LAND AND RUNNING ALCM THE
SOUTHERLY LINE OF SAID LOT 34 NORTH 89 DEG 38; WEST 544.15 FEET TO THE
SOUTHWESTERLY CORNER OF SAID LOT 34 AND AT THE NORTHEAST CORNER OF THE
CRC-1 MfM M
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Order No. 2810610 -T39 • ,
4 DESC,.RIL''I ON
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NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13.
TOWNSIiIP 8 SOUTH, RANGE 2 WEST M. D. B. i M.
THENCE ALONG THE ONE-QUARTER SECTION LINE RUNNING EASTERLY AND WESTERLY
THROUGH THE CENTER OF SAID SECTION 13, SOUTH 88 DEG 48' WEST 1287 FEET TO
A 30, X 4" STAKE AND PIPE AT THE ONE-QUARTER SECTION CORNER IN THE CENTER
OF SAID SECTION 13,
THENCE ALONG THE ONE-QUARTER SECTION LINE RUNNING NORTHERLY AND SOUTHERLY
THROUGH THE CENTER OF SAID SECTION 3.3. SOUTH 2890.80 FEET TO AN OLD
PICKET AND PIPE AT THE ONE-QUARTER SECTION CORNER ON THE SOUTHERLY LINE
OF SAID SECTION 13:
THENCE ALONG THE SOUTHERLY LIVE OF THE SOUTHEAST ONE-QUARTER OF SAID
SECTION 13. NORTH 89 DEG 49' FAST 2S74 MT TO AN OLD 3- X 3- POST AND
PIPE AT THE CapqqOX CORMM OF SZCTZOtNS 16 AM 19, TOWNSUIP 8 SOUTH, RANGE
1 WEST, AND SECTIONS 13 AND 24, TOiNSHIP 8 SOUTH, RANGE 2 WEST. M.D.B. 6
M..
THENCE ALONG THE SOUTHERLY Lim OF THE SOUTHWEST ONE-QUARTER OF SAID
SECTION 1S, NORTH 83 DEG 45' EAST 2679.60 FEET TO AN OLD 2" X 4` STAID
AND PIPE AT THE ONE-QUARTER SECTION CORNER ON THE SOUTHERLY LINE OF SAID
SECTION 18;
THENCE ALONG THE ONE-QUARTER SECTION LINE RUNNING NORTHERLY AND SOUTHERLY
THROUGH THE CENTER.. OF SAID SECTION 18. NORTHERLY 635 FEET, MORE OR LESS
TO AN IRON PIP$ AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN 0.10 OF AN
ACRE PARCEL OF LAND CONVEYED BY R. V. "ITOOKERY, ET UX TO THOMAS CALAO.
ET UX. BY DEED DATED NOVEMBER 30, 1953 RECORDED DECEM M 3, 1953 IN BOOK
3769 OF OFFICIAL RECORDS PAGE 133 SANTA CLARA COUNTY RECORDS;
S ION LINE AND RUNNING ALONG THE
v SAID TER ECT
THENCE LEAVING ONE-QUARTER.
PARCEL OF THE FOUR FOLLOWIIBG
0. 0 OF AN ACRE P LJIND
BOUNDARIES OF SAID 1
COURSES AND DISTANCES;
SOUTH 68 DEG 47• NEST 81.73 FEET TO AN IRON PIPE;
THENCE NORTH 23 DEG 52, EAST 114.86 FEET;
THENCE NORTH 7 DEG 38• FAST 165 75 FEET; AND
THEN= EAST 5.00 FEET TO AN IRON PIPE ON SAID ONE-QUARTER SECTION LINE AT
THE NORTHEASTERLY CORNER OF SAID 0.10 OF AN ACRE PARCEL OF LAND;
THENCE AUMO SAID ONE-QUARTER SECTION LINE NORTHERLY 487 FEET, MORE OR
LASS TO A 3/4 INCH IRON PIPE, AT THE MOST SOUTHERLY CORNER OF THAT
CERTAIN 1.700 ACRE PARCEL OF LAND SHOWN ON THAT CERTAIN MAP OF RECORD OF
SURVEY OF A PORTION OF SAID SECTION 18 ON FILE IN BOOK 25 OF MAPS, AT
PAGE 55, SANTA CLARA COUNTY RECORDS;
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THENCE CONTINUING ALONG SAID ONE-QUARTER SECTION LINE AND THE EASTERLY
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5 DESCRI a ON
LIMES OF SAID 1.700 ACRE PARCEL OF LAND AND THE 1.063 ACRE PARCEL OF LAND
SHOWN ON SAID MAP OF RECORD OF SURVEY LAST ABOVE REFERRED TO, THE THREE
FOLLOWING COURSES AND DISTANCES;
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NORTH 0 DEG 39' EAST 143.19 PERT TO A 3/4 INCH IRON PIPE;
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THENCE NORTH 0 DEG 35' EAST 96.81 FEET TO A 3/4 INCH IRON PIPE AT THE
EASTERLY COMMON CORNER FOR SAID 1.700 ACRE PARCEL OF LAND AND SAID 1.063
ACRE PARCEL OF LAND;
AND THENCE NORTH 0 DEG 37' 30" EAST 307.46 FEET TO THE POINT OF BEGINNING
BEING A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION IS. TOWNSHIP 8
SOUTH, RANGE 1 WEST, AND A PORTION OF THE SOUTHEAST 1/4 OF SECTION 13.
TOWNSHIP a SOUTH, RANGE 2 WEST. MOUNT DIABLO BASE AND MERIDIAN.
EXCEPTING THEREFROM TAR PORTION TRTMEOF CONVEYED BY R. V. MONTGOMERY AND
f ETHEL F. MONTGOMERY, HIS WIFE, TO ADDISON M. WHITESIDE, BY DRED RECORDED
FEBRuARY IS, 19SS IN BOOK 3096 OFFICIAL RECORDS, AT PAGE S1S, AND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/4 INCH IRON PIPE ON THE ONE-QUARTER SECTION LINE RUNNING
NORTHERLY AND SOUTHERLY THROUGH THE CENTER OF SECTION 18. TOWNSHIP 8
SOUTH, RANGE 1 WEST. MOUNT DIABLO BASE AND MERIDIAN, SAID IRON PIPE BEING
DISTANT SOUTH 0 DEG 35, WEST 334.60 FEET AND SOUTH 0 DEG 37' 30" WEST
307.46 FEET FROM A 2" X 3" SNAKE AT THE POINT OF INTERSECTION OF SAID
ONE-QUARTER SECTION LINE WITH THE CENTER LINE OF BAINTER AVENUE, AS SHOWN
ON THE MAP OF RECORD OF SURVEY HEREINAFTER REFERRED TO;
THENCE LEAVING SAID ONE-QUARTER SECTION LINE NORTH 85 DEG 26, NEST 118.46
FEET TO A ONE INCH IRON PIPE;
THENCE NORTH 8 DEG 02' WEST 56.57 FEET TO A ONE INCH PIPE SET AT THE
EASTERLY TERMINUS OF THE CENTER LINE OF LITTLEBROOK DRIVE AS SHOWN ON
SAID MAP OF RECORD OF SURVEY;
TIMWE ALONG SAID CENTER LINE OF LITTLEBROOK DRIVE, SOUTH 73 DEG 20, WEST
336.38 FEET TO A 3/4 INCH IRON PIPE AND SOUTH 76 DEG 41. 30" WEST 110.84
FEET TO A ONE-HALF INCH IRON PIPE;
THENCE LEAVING SAID CENTER LINE OF LITTLEBROOX DRIVE, SOUTH 72 DEG 52
EAST 149.50 FEET TO A 3/4 INCH IRON PIPE;
THENCE NORTH 83 DEG S8' EAST 121.06 FEET TO A 3/4 INCH IRON PIPE:
THENCE SOUTH. 58 DEG 53' 30" FAST 240.36 BEET TO A ONE INCH IRON PIPE;
THENCE SOUTH 71 DEG 01' EAST 87.30 FEET TO A 3/4 INCH IRON PIPE ON SAID
ONE-QUARTER SECTION LINE NORTH 0 DEG 30' EAST 143.19 FEET TO A 3/4 INCH
IRON PIPE AND NORTH 0 DEG 35' EAST 96.81 FEET TO Tj% POINT OF BEGINNING,
SHOWN AND DELINEATED UPON THAT "RT*N MAP OF RECORDS OF SDRVEX OF A
PORTION OF SECTION 18, TOWNSHIP 8 SOi . RANGE 1 WEST. MOUNT DTABL.O SASE
oesn�so-i�la/f+�
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Order NO: 2 810 tf l u -4.]v
DESCRIMON
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AND MERIDIAN, WHICH MAP IS ON FILE IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK 25 OF MAPS, AT PAGE
55.
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ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS;
BEGINNING AT A 314 INCH IRON PIPE SET IN THE CENTER LINE OF THAT CERTAIN
60 FOOT RIGHT OF WAY KNOWN AS LITTLEBROOK DRIVE AS THE SAME IS SHOWN ON
THAT CERTAIN MAP OF RECORD OF SURVEY OF A PORTION OF SECTION 18, TOWNSHIP
8 SOUTH RANGE 1 WEST. MOUNT DIABLO BASE AND MERIDIAN, WHICH MAP IS ON
FILE IN BOOK 25 OF MAPS, AT PAGE 55, SAID IRON PIPE BRING AT THE
SOUTHERLY TERMINUS OF THE LINE DESIGNATED "SOUTH 6 DEG 49, 30" WEST
252.40 FEET" OF SAID CENTER LINE OF SAID 60 FOOT RIGHT OF WAY, AND ALSO
BEING DISTANT ALONG SAID CENTERLINE SOUTH 6 DEG 48' 30" WEST 135.00 FEET
FROM THE SOUTHEASTERLY CORNER OF THAT CERTAIN 1.52 ACRE PARCEL OF LAND
CONVEYHD BY R. V. MONTG014 RY. ET UX, TO MARK COX, RT UX.
BY DEED DATED NOVEMBER 2, 3.953 AND RECORDED NOVEMBER 10. 1953 IN BOOK
27SS OF OFFICIAL RECORDS, PAGE 119, SANTA CLARA COUNTY RECORDS:
THENCE FROM SAID POINT OF BEGINNING RUNNING ALONG SAID CENTER LINE OF
SAID 60 FOOT RIGHT OF WAY KNOWN AS LITTLEBROOK DRIVE, SOUTHEASTERLY ALONG
THE ARC OF A CURVE TO THE LEFT. HAVING A RADIUS OF 53.79 FEET, FROM A
TANGENT BEARING SOUTH 6 DEG 48' 30" WEST THROUGH AN ANGLE OF 62 DEG 44"
AN ARC DISTANCE OF 58.99 FEET TO AN IRON PIPE;
THENCE LEAVING SAID CENTER LINE OF LITTLESROOK DRIVE, SOUTH 7 DEG SS'
WEST 102.55 FRET TO AN IRON PIPE;
THENCE SOUTH ? DEG 45' EAST 98.90 FEET TO AN IRON PIPE;
THENCE SOUTH 1 DEG 10' WEST 80.00 FEET TO AN IRON PIPE;
THENCE SOUTH 66 DEG 41' WEST 132.00 FEET;
THENCE NORTH 42 DEG 53' WEST 244.58 FEET:
AND THENCE NORTH 59 DEG 13' EAST 324.00 FEET TO THE POINT OF BEGINNING,
SURVEM BY E. N. MONTAGUE, CIVIL ENGINEER, AND BEING A PORTION OF
SECTION 18, TOWNSHIP 8 SOUTH, RANGE 1 WEST. MOUNT DIABLO BASE AND
MERIDIAN.
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ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 3 AND 4 IN
THE DEED TO JAMES D. NAIR, RECORDED SEPTEMBER 10, 1976 IN HOOK C273, PAGE
200 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
I
I A. PARCEL 3:
BEGINNING AT A 2" X 4" STAKE IN THE ONE-QUARTER SECTION LINE, RUNNING
NORTHERLY AND SOUTHERLY THROUGH THE CENTER OF SECTION 18, TOWNSHIP 8
SOUTH, RANGE 1 WEST, M.D.B. 6 M, DISTANT THEREON SOUTH 0 DEG 35' WEST
v4�sn-►�nx„w
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Order No: 2820810 -T39
DESCREMON
334.80 FEET FROM THE POINT OF INTERSECTION OF SAID ONE-QUARTER SECTION
LINE, WITH THE CENTER LINE OF BAINTER AVENUE, AS SAID AVENUE IS SHOWN ON
THE MAP OF, "MAP NO. 2 OF THE W.S. CIAYTON, J.R. CHACE, E. SCHILLINGSBURG
AND J.P. DORRANCE SUBDIVISION OF A PART OF THE GLEN UNA RANCH" WHICH MAP
IS ON FILE IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, IN HOOK "P" OF MAPS, AT PAGES 53 AND 54 SAID POINT
OF INTERSECTION BEING DISTANT ALONG SAID ONE-QUARTER SECTION LINE. SOUTH
0 DEG 41' WEST 310.00 FEET FROM A 3/4 INCH IRON PIPE AT THE ONE-QUARTER
SECTION CORNER IN THE CENTER OF SAID SECTION 10, SAID POINT OF BEGINNING
ALSO BEING THE SOUTHEASTERLY CORNER OF THAT CERTAIN 2.24 ACRE PARCEL OF
LAND CONVEYED BY R.V. MONTGOMERY, ET UX, TO PAUL G_ RICHARDS, ET UX, BY
DExD DATED MAY 28, 19S4 AND RECORDED JUNE 3, 1954 IN BOOK 2596 OF
OFFICIAL RECORDS, PAGE 630. SANTA CLARA COUNTY RECORDS;
THENCE FROM SAID POINT OF BEGINNING LEAVING SAID ONE-QUARTER SECTION LINE
AND RUNi0Ii4Cs ALONG Tat SCtlZIERLY LINE OF SAID 2.24 ACRE PARCEL OP LAND,
NORTH 82 DEG 59' HEST 113.65 FEET AND SOUTH 83 DEG 43, HEST 52.06 FEET TO
THE NORTHEASTERLY CORNER OF THAT CERTAIN 1.17 ACRE, GROSS. PARCEL OF LAND
CONVEYED BY R.V. MONTGOMERY, ET UX. TO C. AUSTIN POYNTER, JR., ET UX, BY
DEED DATED JULY IS, 1954 AND RECORDED AUGUST 11. 19S4 IN BOOK 2935 OF
OFFICIAL RECORDS, PAGE 566, SANTA CLARA COUNTY RECORDS.
j THENCE LEAVING SAID 2.24 ACRE PARCEL OF LAND AND FOLLOWING THE BOUNDARIES
OF SAID 1.17 ACRE OF LAND, SOUTH 8 DEG 02• EAST 25.69 FEET TO A ONE INCH
IRON PIPE SET IN THE CENTER LINE OF A 60 FOOT EASEMENT KNOWN AS
L.TTTLEBROOK DRIVE, AND THE MOST NORTHERLY CORNER PARCEL OF LAND CONVEYED
BY R.V. MONTGOMERY AND ETHEL F. MONTGOMERY. HIS WIFE, TO ADDISON M.
f WHITESIDE, BY DERD RECORDED FEBRUARY 15, 1955 IN BOOK 3086 OF OFFICIAL
RECORDS, AT PAGE 51S;
C
THENCE SOUTH 8 DEG 02, EAST 36.57 FEET TO A ONE INCH IRON PIPE;
I THENCE SOUTH 85 DEG 26' EAST 118.46 FEET TO A 3/4 INCH IRON PIPE ON THE
ONE-QUARTER SECTION LINE, RUNNING NORTHERLY AND SOUTHERLY THROUGH THE
CENTER OF SECTION 18. TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. i M:
THENCE ALONG THE SAID ONE-QUARTER SECTION LINE, NORTH 0 DEG 37. 30- EAST
307.46 FEET TO THE POINT OF BEGINNING.
B. PARCEL 4:
COMMENCING AT A ONE INCH IRON PIPE AT THE SOUTHEASTERLY CORNER OF THAT
CERTAIN 1.18 ACRE PARCEL SHOWN ON THAT CERTAIN RECORD OF SURVEY ENTITLED.
-RECORD OF SURVEY OF A PORTION OF SECT. 16, T_ 8 S., R. 1 W., M.D.B.4M"
RECORDED IN BOOK 43 OF MAPS, AT PAGE 55, SANTA CLARA COUNTY RECORDS, SAID
POINT OF COMMENC04UT ALSO BEING IN THE CENTER LINE OF A 60 FOOT EASEMENT
KNOWN AS LITTLEBROOK DRIVE:
THENCE FROM SAID POINT OF COMMENCEMENT. ALONG SOUTHERLY LINE OF SAID
RECORD OF SURVEY SO
UTH 73 DEG 20 00 HEST 196.08 FEET TO THE �
SOUTHTASTERLY CORNER OF A 1.51 ACRE (NET) PARCEL, AS SHOWN ON SAID RECOR
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DFSCRnMON
OF SURVEY AND THE TRUE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED;
THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID 1.S1 ACRE PARCEL.
THE FOLLOWING COURSES AND DISTANCES; NORTH 6 DEG 17' 30" NEST, 297.65
FEET;
THENCE SOUTH 87 DEG S9' 00- WEST, 114.28 FEET;
THENCE NORTH 36 DEG 31' 00" WEST, S9.49 FEET;
THENCE SOUTH S8 DEG 09' 00" WEST 345.64 FEET TO THE NORTHWEST CORNER OF
THAT 1.06 ACRE (NET) PARCEL SHOWN ON SAID RECORD OF SURVEY, SAID
NORTHWEST CORNER ALSO BEING THE MOST EASTERLY CORNER OF THAT CERTAIN 1.07
ACRE (NET) PARCEL SHOWN ON THAT CERTAIN RECORD OF SURVEY ENTITLED,
"RECORD OF SURVEY OF A PORTION OF SECT. 18, T. 8 S., R. 1 W., M.D.B.&M"
AS sAIO RECORD OF SURVEY WAS RECORDED IN BOOK 49 OF MAPS, AT PAGE 4,
SANTA CIARA COUNTY RECORDS:
I
THENCE ALONG THE NORTHEASTERLY LINES OF SAID 1.07 ACRE PARCEL, THE
FOLLOWING COURSES AND DISTANCES; NORTH 47 DEG 20' 00" WEST, 119.30 FEET;
THENCE NORTH 82 DEG 04' 00" WEST, 160.12 FEET TO A POINT ON THE CENTER
LINE OF A 60 FOOT EASEMENT KNOWN AS LITTLEBROOK DRIVE;
i
THENCE ALONG THE CENTER LINE OF SAID LITTLEBROOK DRIVE, AS SHOWN ON SAID
RECORD OF SURVEY, THE FOLLOWING COURSES AND DISTANCES; SOUTH 31 DEG 24'
0o" WEST. 65.81 FEET;
THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF
1o0.00 FEET, THROUGH A CENTRAL ANGLE OF 39 DEG 17, 00". FOR AN ARC
DISTANCE OF 68.S6 PERT;
THENCE SOUTH 70 DEG 41' 00" WEST, 41.67 FEET;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 75.00
PUT, TUROUGH, A CENTRAL ANGLE OF S9 DEG 38' 00" FOR AN ARC DISTANCE OF
76.06 FEET TO A POINT OF COIUKMM CURVATURE;
THENCE ON THE ARC OF A CURVE TO THE SOUTHEAST FROM A TANGENT BEARING OF
SOUTH 11 DEG 03, 00" WEST, WM A RADIUS OF 152.26 PERT, THROUGH A
CENTRAL ANGLE OF 21 DEG 02' 00", FOR AN ARC DISTANCE OF SS.go FEET;
THENCE SOUTH 9 DEG 59. 00" EAST, 71.73 FEET;
(
THENCE SOUTH 2 DEG 16' 00" WEST, 179.6E FEET;
I
THENCE SOUTH 6 DEG 46' 30" WEST, 252.40 FEET;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT. WITH A RADIUS OF 53.79
FEET, THROUGH A CENTRAL ANGLE OF 157 DEG 40' 30" FOR AN ARC DISTANCE OF
146.03 FEET;
I
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9 DESCRIMON
i
THENCE NORTH 29 DEG 06, 00" PAST, 133.12 FEET;
THENCE NORTH 42 DEG 50' 30° EAST, 267.20 FEET TO THE MOST EASTERLY CORNER
OF THAT CERTAIN 1.23 ACRE (NET) PARCEL AS SHOWN ON SAID LAST MENTIONED
RECORD OF SURVEY, AND THE SOUTHWEST CORNER OF THAT CERTAIN
I
1.09 ACRE (NET) PARCEL SHOWN ON THE ABOVE FIRST MENTIONED RECORD OF
SURVEY:
I
THENCE ALONG THE CENTER LINE OF SAID LITTLESROOK DRIVE, AS SHOWN ON THE
ABOVE FIRST MENTIONED RECORD OF SURVEY, NORTH 42 DEG 50. 30" EAST, 94.00
FEET;
I
THENCE SOUTH 83 DEG 42' 30" EAST. 200.00 FEET;
C THENCE NORTH 67 DEG 11. 30" EAST, 104.50 FEET;
THENCE NORTH 76 DEG 41' 30" EAST, 110.84 FEET:
THENCE NORTH 73 DEG 20, 00" EAST, 138.30 FEET TO THE TRUE POINT OF
BEGINNING OF THE PARCEL BEING DESCRIBED_
PARCEL TWO:
BEGINNING AT AN IRON PIPE IN THE CENTER LINE OF SAINTER AVENUE AT TIME
INTERSECTION OF COURSES 40 AND 41, AS SAID AVENUE AND COURSES ARE SHOWN
ON THE MAP HEREINAFTER REFERRED TO;
RUNNING THENCE ALONG SAID CENTER LINE OF BAINTER AVENUE THE FOLLOWING
THREE COURSES AND DISTANCES;
NORTH 43 DEG EAST 102.96, NORTH 25 DEG 30' EAST 264.00 FEET AND NORTH 59
DEG 30, WEST 99.66 FEET TO AN IRON PIPE;
'lTiENCE LEAVING SAID CENTER LINE OF SAINTER AVENUE AND RUNNING NORTH 30
DEG 36' EAST 75.70 FEET TO A 2" X 4" STAKE;
THENCE NORTH 74 DEG 03' EAST 67.70 FEET TO A 2" X 4" STAKE;
THENCE NORTH 64 AEG 19, EAST 24.19 FEET TO THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION;
THENCE FROM! SAID TRUE POINT OF BEGINNING, SOUTH 9 DEG 26, WEST 26.24
FEET;
771ENCE NORTH 64 DEG 19' EAST 26.24 FEET';
THENCE NORTH 9 DEG 26, EAST 26.24 FRET;
AND THENCE SOUTH 64 DEG 19' NEST 26.24 FEET TO THE TRUE POINT OF
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10 DESCRIMON
BEGINNING AND BEING A PORTION OF LOT 43 AS SHOWN ON THAT CERTAIN MAP
ENTITLED. "MAP NO. 2 OF THE W. S. CLAYTON, JR., R. CHACE, E.
SHILLINGSBURG, AND J.P. DORRANCE SUBDIVISION OF PART OF THE GLEN UNA
RANCH" WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF
THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON FEBRUARY 9. 1921 IN
BOOK "P° OF MAPS, AT PAGES 53 AND 54.
PARCEL THREE r
THE RIGHT TO TRAVEL OVER, AWNG AND UPON A STRIP OF LAND 40 FEET WIDE,
LYING 20 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE;
BEGINNING AT AN IRON PIPE SET ONE FOOT BELOW THE SURFACE OF THE GROUND IN
THE CENTER LINE OF CANON ROAD, DISTANT THEREON NORTH 55 DEG 00' .EMT
60.73 Fl= AM NORTH 10 DEG 39' FAST 190.74 FEET FROM THE SOUTHERNMOST
CORNER OF LOT 42, OF SAID MAP NO. 2 OF THE GLEN UNA RANCH AS THE SAME IS
SHOWN UPON THAT CERTAIN MAP ENTITLED. "MAP SHOWING BOUNDARIES OF LOT 42
OF MAP NO. 2 OF THE GLEN UNA RANCH WHICH MAP WAS FILED IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIPMTIA ON OCTOBER
8, 1926 IN BOOR "T" OF MAPS, AT PAGE 10, AND RUNNING
I
THENCE FROM SAID POINT OF BEGINNING THE FIVE FOLLOWING COURSES AND
DISTANCES;
I
SOUTH 79 DEG $5' BAST 35.74 FEET TO AN IRON PIPE SET 8 INCHES BELOW THE • �
SURFACE OF THE GROUND SOUTH 11 DEG 23. WEST 199.50 FEET TO AN IRON PIPE �
SET FLUSH, SOUTH 33 DEG 041 WEST 197.50 FEET TO AN IRON PIPE SET 6 INCHES
BELOW THE SURFACE OF THE GROUND, SOUTH 58 DEG 43' WEST 80.30 FEET TO AN
TRW PIPE SET 8 INCHES BELOW THE SURFACE OF THE GROUND AND SOUTH 50 DEG j
SS- WEST 120.00 PERT TO A POINT IN THE CENTER LINE OF SAINTER AVENUE
WHICH IS BETWEEN THE POINT WHICH INDICATES THE ENDING OF COURSE NO. 3 AND
THE BEGINNING OF COURSE NO. 4 AND THE POINT WHICH INDICATES THE ENDING OF
COURSE NO. 4 AND THE BEGINNING OF COURSE NO. 5 IN THE CENTER LINE OF SAID
BAINT$R AVENUE. -
(APPURTENANT TO PARCEL CNE)
PARCEL FOUR:
THE RIGHT TO TRAVEL OVER ALONG AND UPON THE STRIP OF LAND 20 FEET WIDE
THROUGH THE FORMER GENERAL MORTON PROPERTY BEING THE 19.12 ACRE TRACT OF
LARD DESCRIBED IN TIM DEED FROM G. W. HUM COMPANY. A CORPORATION TO UNA
H. H. COOL AND DOROTHY RUHR, DATED !MARCH 4, 1915, RECORDED JUNE 15, 1915
IN BOOR 431 OF D1t8DS, PAGE 199, THE CENTER LINE OF SAID 20 FOOT STRIP OF
LAND BEING D83CRIBED AS FOL14WS
BEGINNING AT AN IRON PIPE DRIVEN ON THE NORTHERLY LINE OF SAID 19.12 ACRE
TRACT OF LAND FROM WHICH THE FENCE POST C-1 STANDING AT THE NORTHEASTERLY
CORNER OF SAID 19.12 ACRE TRACT OF LAND DEUS SOUTH 67 DEG 18' EAST
136.95 FEET;
DESCM WO+R+Aw
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u DESCRIPTION
THENCE RUNNING SOUTH 55 DEG 30' WEST 104.61 FEET TO AN IRON PIPE;
THENCE SOUTH 33 DEG 49' WEST 95.37 FEET TO AN IRON PIPE;
THENCE SOUTH 26 DEG 14' WEST 115.63 FEET TO AN IRON PIPE;
THENCE SOUTH 21 DEG 30' WEST 74.51 FEET TO AN IRON PIPE;
i
THENCE SOUTH 31 DEG 45' WEST 90.29 FEET TO AN IRON PIPE;
i
TwwcE SOUTH 26 DEG 15, WEST 330.40 FEET TO AN IRON PIPE;
THENCE SOUTH 23 DEG 53' WEST 94.84 FEET TO AN IRON PIPE;
TUMC!S SOUTH 10 DEG 10' BEST 182.56 FEET TO AN IRON PIPE:
i
THENCE SOUTH 31 DEG SO' NEST 77.88 FEET;
AND THENCE SOUTH 5 DEG 46; WEST 33.99 MT TO AN IRON PIPE STANDING ON
THE SOUTHERLY LINE OF SAID 19.12 ACRE TRACT OF LAND FROM WHICH THE
SOUTHWESTERLY CORNER OF SAID 19.12 ACRE TRACT OF LAND BEARS NORTH 87 DEG
54' WEST 169.29 FEET.
(APPURTENANT TO PARCEL ONE)
C
AS APPURTENANT TO ALL THE PROPERTY HEREINABOVE DESCRIBED, THE FOLLOWING
EASEMENTS;
PARCEL. FIVE
AN EASEMENT FOR ROAD PURPOSES AND FOR THE INSTALLATION AND MAINTENANCE OF
PUBLIC UTILITIES OVER THAT CERTAIN PARCEL OF LAND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE AT THE NORTHEASTERLY CORNER OF LOT 1 ON THE
SOUTHERLY LIM OF REDBERRY DRIVE", AS SAID LOT AND DRIVE ARE SHOWN ON THAT
CERTAIN MAP ENTITLED. "TRACT NO. 409 REDBERRY HILLS" AND WHICH MAP WAS
FILED FOR RECORD IN THE OFFICE OF THE RECOFDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, ON JULY 14, 1947 IN BOOR 13 OF MAPS, AT PAGES
36 AND 37;
RUNNING THENCE AIAMG THE EASTERLY LINE OF SAID LOT 1, SOUTH 15 DEG 5Z DEG
III WEST 134.97 FEET TO A STEEL ROD:
THENCE SOUTH S DEG. 37' 53" WEST 9S.43 FEET TO A STEEL ROD:
THENCE SOUTH 16 DEG. 19, 19" WEST 149.45 FEET TO A 3/4 INCH IRON PIPE AT
THE SOUTHEASTERLY CORNER 08 SAID LOT 1, RUNNING
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 1, SOUTH 81 DEC. 57' 28" WEST
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12
46,86 FEET TO A STEEL ROD:
THENCE SOUTH 33 DEG. 21' SO" WEST 36.90 FEET.-
THENCE LEAVING SAZD LAST NAMED LINE AND RUNNING NORTH 11 DEG. 54, 25"
EAST 366-46 FEET;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 16.227 FEET, THROUGH AN
ANGLE OF 8S DEG. 30' 12" FOR A DISTANCE OF 24.216 FEET TO A POINT ON SAID
SOUTHERLY LINE OF REDSERRY DRIVE:
RUNNING THENCE EASTERLY AIO M SAID LAST NAMED LINE ON A CURVE TO THE LEFT
WITH A RADIUS OF 110.00 FEET FROM A TANGENT REARING SOUTH 73 DEG. 3S' 47"
EAST T1ROUGH AN ANGLE OF 49 DEG. 02' 29" FOR A DISTANCE OF 94.15 FEET TO
THE POINT OF 1iRGZNNING AND REIM A PORTION OF SAID LOT 1.
PARC= SIX:
AN EASEMENT FOR THE PURPOSES OF INGRESS AND EGRESS OVER A STRIP OF LAND
60 FEET IN WIDTH, THE CBITBR LINE OF WHICH IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE POINT OF IDTTEEtSRCTION OF THE CENTER LINE OF OVERLOOK
DRIVE WITH THE CENTER LINE OF BAINTER AVENUE. AS SAID DRIVE AND AVENUE
ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "RECORD OF SURVEY OF A PORTION OF
SECTION 18 TOWNSHIP 8 SOU7Z, RANGE 1 WEST. M.D.B.iM.". WHICH MAP WAS
FILED FOR RECORD IN THE OFFICE OF THE "COMM OF THE COUNTY OF SANTA
CLARA. STATE OF CALIFORNIA, ON MARCH 14. 1947 IN BOOK 14 OF MAPS, AT PAGE
4;
g{INNING THENCE ALONG THE CENTER LINE OF OVERLOOK DRIVE THE FOLLOWING
COURSES RID DISTANCES;
soUTH 36 DRG. 23, 30" WEST 191.00 FEET;
THENCE ON A CURVE TO THE LSFT WITH A RADIUS OF 127.84 FEET THROUGH AN
ANGLE OF SO MG. 17' FOR A DISTANCE OF 112.20 FEET;
THENCE SOUTH 13 DEG. 48' 30" EAST 90.96 FEET:
THENCE SOUTH 38 DEG. 45' EAST 121.30 FEET;
f nCb= SOUTH 9 DEG. 14' PAST 97.10 !FEET;
THENCE SOUTH 17 DEG, 10' HEST 126.S8 FEET:
THENCE SOUTH SS DEG. 34' BAST 128.69 FEET;
THENCE SOUTH 2 DEG. 48' EAST 116.53 FEET:
i
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Vtuaa ..... ay.....,•- ---
13 DESC'.RIP' ON
THENCE SOUTH 19 DEG. 59' EAST 178.20 FEET
THENCE SOUTH 47 DEG. 30' WEST 160.12 FEET;
THENCE SOUTH 34 DEG. 47' WEST 155.7 FEET;
THENCE SOUTH 9 DEG. 51' WEST 234.40 FEET TO AN IRON PIPE AND THENCE SOUTH
0 DEG. 36' WEST 147.20 FEET TO AN IRON PIPE AT THE TERMINUS OF SAID
CENTER LINE.
SAID EASEMENT BEING WHAT IS KNOWN AS OVERLOOK DRIVE"
PARCEL SEVEN:
AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS OVER A STRIP OF LAND 60
DENT IN WIDTH. THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRISM AS
FOLLOWS:
I
j BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF OVERLOOK
DRIVE WITH THE CENTER LINE OF LITTLEBROQK DRIVE, AS SAID DRIVES ARE SHOWN
ON THAT CERTAIN MAP OF RECORDS OF SURVEY OF A PORTION OF SECTION 18,
TOWNSHIP 8 SOUTH, RANGE I WEST, M.D.B. i M. WHICH MAP IS ON FILE IN HOOK
23 OF MAPS AT PAGE 31, SANTA CLARA COUNTY RECORDS.
THENCE AIONG THE CENTER LINE OF LITTLEHROOK DRIVE THE FOLLOWING COURSES
AND DISTANCES;
SOUTH 62 DEG. 08' 30" FAST 170.22 FEET;
t THENCE SOUTH 6 DEG. 58. 30* EAST 106.35 FEET:
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 66.82 FEET, THROUGH AN
ANGLE OF 94 DEG. 35' FOR A DISTANCE OF 110.30 FEET:
THENCE ITS 78 MG. 26. 10" EAST 58.13 FEET;
THENCE ON A CURVF TO THE RIGHT WITH A RADIUS OF 60 FEET: THROUGH AN ANGLE
OF 132 DEG. 57. 30" FOR A DISTANCE OF 139.23 FEET;
THENCE SOUTH 31 DEG. 24' WEST 136.15 FEET;
THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 100 FEET THROUGH AN ANGLE
OF 39 DEG. 17' FOR A DISTANCE OF 68.56 FEET;
TMMCE SOUTH 70 DEG. 41, WEST 41.67 FEET;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 7S FEET: THROUGH AN ANGLE
OF 58 DEG, 38' FOR A DISTANCE OF 78.06 Ft.=;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 152.2E FEET; THROUGH AN
ANGLE OF 21 DEG. 02, FOR A DISTANCE OF 55.90 FRET•
DOXM O-3tl"AA
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May-05-00 01:59pm From-COOLEY GODWAI" 'P 14150513609 T-894 P 33/41 F-244
- DESC,RI "1'TON
14
THENCE SOUTH 9 DEG. S9' EAST 71.73 FEET;
THENCE SOUTH 2 DEG. 18' WEST 179.65 FEET;
THENCE SOUTH 6 DEC. 48. 30" WEST 2S2.40 FEET.,
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 53.79 FEET, THROUGH AN
ANGLE OF 157 DEG. 40' 30" FOR A DISTANCE OF 148.03 FEET;
THENCE NORTH 29 DEG. 08, EAST 133.12 FEET:
THENCE NORTH 42 DEG. 50 30" EAST 361.20 FEET:
THENCE SOUTH 83 DEG. 42- 30- EAST 200.00 FEET;
THENCE NORTH 67 DEG. 11. 30" EAST 184.50 FEET;
THENCE NORTH 76 DEC. 42' 30" EAST 120.84 FErT;
THENCE NORTH 73 DEG. 20' EAST 336.38 FEET TO A ONE INCH IRON PIPE AT THE
i
TERMINUS OF SAID CENTER LINE. i
SAID EASEMENT BEING WHAT IS IQIOWN AS LITTLBBROOK DRIVE.
PARCEL EIGHT:
AN FASM40M FOR THE PURPOSE OF INGRESS AND EGRESS OVER A STRIP OF LAND 40
FEET IN WIDTH, THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A 3/4 INCH IRON PIPE SET IN THE CENTER LINE OF BAINTER
AVENUE AT THE WESTERLY TERMINUS OF COURSE 45, AS SAID AVENUE AND COURSES
ARE SHOWN ON THE MAP OF GLEN UNA RANCH MAP NO. 2, ON FILE IN THE OFFICE
OF THE RECORDER OF TOE SANTA CLARA COUNTY, STATE OF CALIFORNIA IN BOOK
-p- OF MAPS, AT RAGES 53 AND 54;
THENCE RUNNING ALONG THE CENTER LINE OF WHAT IS KNOWN AS WOODWARDIA LANE.
SOUTH 36 DEG. 31" LAST 61.86 FEET AND SOUTH 58 DEG. 09' WEST 34S.64 FEET
TO A 3/4 INCH IRON PIPE AT THE TERMINUS OF SAID CENTER LINE,
PARCEL NINE:
AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS AND FOR THE
INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER A STRIP OF LAND 60
FEET IN WIDTH. THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS
FOLLMS
BEGINNING AT A POINT IN THE CENTER LINE OF BAINTER AVENUE, DISTANT
3 4 INCH IRON PIPE AT
NORTH 84 DEG. 15 EAST 86.20 FEET; FROM A / IN
THEREON
THE INTERSECTION OF COURSES 40 AND 41, AS SAID AVENUE AND COURSES ARE
nascRsv-unr�w�.
May-05-00 01:59am From-COOLEY Gt llP 14159513699 T-894 P 34/41 F-244
15 DESCRIPTION
I
SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 2 OF THE W. S. CLAYTON,
JR. R. CHACE, E. SCHILLINGSSURG AND J. P. DORRANCE SUBDIVISION OF PART OF
THE GLEN UNA RANCH, AND WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF
TIME RECORDER OF THE COUNTY OF SANTA CLARA. STATE OF CALIFORNIA, ON
FEBRUARY 9, 1921 IN BOOK "P" OF MAPS, AT PAGES S3 AND S4;
THENCE LEAVING SAID CENTER LINE OF SAINTER AVENUE AND RUNNING ALONG THE
CENTERLINE OF WHAT IS KNOWN AS BIDDEN DRIVE THE FOLLOWING COURSES AND
DISTANCES
NORTH 64 DEG. 28' EAST 100.40 FEET;
THENCE NORTH 39 DEG. 55 EAST 223.77 FEET:
THENCE NORTH 44 DEG. 19' EAST 94.60 FEET;
THENCE NORTH 2 DEG. 04' EAST 64.58 FEET;
I
THENCE NORTH 15 DEG' 46' WEST 81.80 FEET;
i
i
THENCE NORTH 71 DEG_ 49' WEST 92.95 FEET;
THENCE NORTH 9 DEG. 26' EAST 54.2 FEET;
I
THENCE NORTH 49 DEG. 10' EAST 77.30 FEET;
THENCE NORTH 3 DEG. 39, WEST 59.41 FEET,
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 161.41 FEET THROUGH AN
ANGLE OF 34 DEG. 35, FOR A DISTANCE OF 95.95 FEET;
THENCE NORTH 36 DEG. 04' WEST 71.37 FEET;
THENCE ON A CURVR TO THE RIGHT WITH A RADIUS OF 54.565 FEET, THROUGH AN
ANGLE OF 85 DEG. FOR A DISTANCE OF 80.95 FEET TO AN IRON PIPE:
THENCE CONTINUING ALONG A CURVE TO THE RIGHT TANGENT TO THE PRECEDING
CURVE WITH A RADIUS OF 73.60 FEET, THROUGH AN ANGLE OF 51 DEG. 01' FOR A
DISTANCE OF 65.53 FEET;
THENCE SOUTH 82 DEG. 03, EAST 87.89 FEET;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 153,82 FEET; THROUGH AN
ANGLE OF 33 DEG. 13' FOR A DISTANCE OF 89.18 FEET;
THENCE NORTH 64 DEG. 44. EAST 154.19 FEET;
THENCE NORTH S3 DEG. 13' EAST 104.58 FEET;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 124.81 FEET, THROUGH AN
ANGLE OF 42 DEG. 33' FOR A DISTANCE OF 62.69 FEET;
oaccuo-iva»l ww
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May-05-00 02:00pm From-COOLEY GODWA°' ''p 14159513699 T-894 P 35/41 F-244
16 DESCRIPTION
it
THENCE NORTH 10 DEG. 40' EAST 49-SO FEET TO A POINT ON THE SOUTHERLY LINE
OF LOT 1, AS SAID Lt71 IS SHOWN ON THAT CERTAIN MAP ENTITLED, "TRACT NO.
409 REDBERRY HILLS", AND WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. ON JULY
14, 1947 IN BOOK 13 OF MAPS, AT PAGES 36 AND 37.
I
PARCEL TEN:
AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A WATER PIPE LINE
OVER, UNDER AND ACROSS A STRIP OF LAND 10.00 FEET IN WIDTH THE WESTERLY
LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERNMOST CORNER OF LOT 3 AS SAID LOT IS SHOWN UPON
THAT CERTAIN MAP ENTITLED, "TRACT NO. 409 REDSPRRY HILLS", AND WHICH MAP
I
WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, ON JULY 14, 1947 IN BOOK 13 OF MAPS, AT PAGES
36 AND 37, RUNNING THENCE NORTH 30 DEG. 43, 31" WEST ALONG THE WESTERLY
LIKE OF SAID LOT 3. A DISTANCE OF 259.03 FEET TO AN ANGLE POINT THEZREIN:
THENCE CONTINUING ALONG THE SAID WESTERLY LINE OF SAID LOT 3 AMID ITS
PROLONGATION NORTHERLY NORTH 11 DEG. 06,57" EAST 40.00 FEE? TO THE CENTER
LINE OF REDSERRY DRIVE, AS SAID DRIVE IS SHOWN ON THE MAP ABOVE REFERRED
To, SAID STRIP OF LAND BEING A PORTION OF SAID LOT 3.
PARCEL ELEVEN:
A EASEMENT FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF PUBLIC
UTILITIES OVER A STRIP OF LAND 10 FEE1' IN WIDTH, THE SOUTHWESTERLY LINE
OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY COMMON CORNER FOR LOTS 3 AND 4 AS SAID LOTS
ARE SHOWN ONTHAT CERTAIN MAP ENTITLED, "TRACT NO. 409 RED8ERRY HILLS", I
AND WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON DULY 14, 1947 IN BOOK 13
OF MAPS, AT PAGES 36 AND 37;
THENCE SOUTH 40 DEG. 27, EAST 8S.21 FEET TO A POINT ON THE CENTER LINE OF
I
A POINT ON THE CENTER LINE OF A 60 FOOT EASEMENT KNOWN AS HIDDEN DRIVE.
THE FOREGOING EASEMENT BAYING BEEN RESERVED IN THE DEED FROM R. V.
MONT OMERY, ET UX. TO PHILLIP N. WHITE, ET UX, DATED JANUARY 20, 19SO
RECORDED MARCH 23, 1950 IN BOOK 19SO OF OFFICIAL RECORDS, PAGE 36. AND IN
THE DEED FROM R. V. MONTGOMERY, ET UX, TO REYNOLDS MCHENRY ET UX, DATED
APRIL 12, 19S4, RECORDED APRIL 12, 1954 IN BOOK 28S2 OFFICIAL RECORDS
PAGE 48.
i
PARCEL TWELVE
PUBLIC UTILITY BASEMENT 20 FEET WIDE AS RESERVED IN THE DEED FROM R_ V.
MONTGOMERY, ET UX, TO MARK COX, DATED SEPTEMBER 2, 1949, RECORDED
SEPTEMBER 2, 1949 IN BOOK 1541 OF OFFICIAL RECORDS, PAGE 479, SANTA CLARA
oE9eRo�-tuam Aft
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17 DESCRIMON
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COUNTY RECORDS. THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF OVERLOOK DRIVE, DISTANT
THEREON SOUTH 55 DEG. 34` EAST 129.69 FEET, SOUTH 2 DEG. 48- EAST 116.S3
I FEET AND SOUTH 19 DEG. 59' EAST 176.20 FEET FROM THE NORTHERLY CORNER OF
THE 1.89 ACRE PARCEL OF LAND CONVEYED BY SAID DEED ABOVE REFERRED TO;
THENCE LEAVING THE CENTER LINE OF OVERLOOK DRIVE AND RUNNING NORTH 22
DEG. EAST 81.64 FEET AND NORTH 41 DEG. EAST 49.34 PENT TO A POINT IN THE
CENTER LINE OF LITTLEBROOK DRIVE, SAID CENTER LINE BEING SHOWN ON THE MAP
OF RECORDS OF SURVEY OF A PORTION OF SECTION 16, TOWNSHIP 8, SOUTH, RANGE
1 WEST. M.D.B. & M. ON FILE IN BOOK 23 OF MAPS. AT PAGE 31, SANTA CLARA
COUNTY RECORDS,
PARCEL THIRTEEN:
PUBLIC UTILITY EAST 20 FEET WIDE OVER THE NORTHERLY PORTION OF THAT
CERTAIN 2.28 ACRE PARCEL OP LAND CONVEYED TO R. V. MONTGOtMy ET UX, TO
MARY M. ZELTER, BY DEED DATED JUNE 13. 1952, RECORDED SEPTEMBER 19 1952
IN BOOK 2472 OF OFFICIAL RECORDS PAGE S23. SAWA CLARA COUNTY RECORDS, AS
RESERVED IN SAID DEED, THE CENTER LINE OF WHICH FAS04RNT IS SHOWN ON THE
MAP OF RECORD OF SURVEY OF A PORTION OF SECTION 19, TOWNSHIP 8 SOUTH,
RANGE 1 WEST, M.D.B. & M. WHICH MAP IS ON FILE IN BOOK 23 OF MAPS, AT
i PAGE 31. SAWA CLARA COUNTY RECORDS.
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PARCEL FOURTEEN:
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AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER
A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS
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BEGINNING AT A 3/4 INCH IRON PIPE SET AT THE POINT OF INTERSECTION OF THE
CENTER. LINE OF BAINTER AVENUE, AT THE WESTERLY TERMINUS OF COURSE 4S. AS
SAID AVENUE AND COURSE ARE SHOWN ON THAT CERTAIN MAP ENTITLED, -MAP OF
THLE W.S. CLAYTON, J.R. CRACK, E. SCHILL.lwf8URG AND J.P. DORRANCE
SUBDIVISION OF PART OF THE GUM UNA RANCH-, WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CI.ARA, STATE
OF CALIFORNIA, ON FEBRU74RY 9, 1921 IN BOOK, -P" OF MAPS. AT PAGES 53 AND
S4 WITH THE CENTER LINE OF THAT 40.00 FOOT EASEMENT lOiOWN AS WOODWARDIA
LANE, AS SAID LANE IS SHOwn ON THAT CERTAIN MAP ENTITLED, "RECORD OF
SURVEY OF A PORTION OF SECTION 18, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B.
& M. WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA. STATE OF CALIFORNIA ON APRIL 11, 1950 IN BOOK 25
OF MAPS, AT PAGE 55, RUNNING THENCE ALONG SAID CENTER LINE OF WOODWARDIA
LANE, SOUTH 36 DEG. 31' EAST 61.96 FEE TO A 3/4 INCH IRON PIPE AM SOUTH
59 DEG- 091 WEST 2.S0 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION;
RUNNING THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 58 DEG. 29, EAST
75.00 FEET: NORTH 76 DEG. 32, EAST 71.70 FEET AND SOUTH; 6 DEG. 17, 30"
EAST 30.00 FEET TO A 2- X 4- STAKE SET AT THE TERMINUS OF SAID EASEMENT
IN THE SOUTMMLY LINE OF THAT CERTAIN 2.24 ACRE PARCEL OF LAND CONVEM
V_
BY A NfG>ZTGOMERY ET U7C TO FAUL G. RI CHARDS ET UX By
DEED DATED MAY
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order No
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e
18 DBSCRTMON
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28, 1954 RECORDED JUNE 3, 1954 IN BOOR 2096 OF OFFICIAL RECORDS, PAGE
630, SANTA CLARA COUNTY RECORDS SAID EASEMENT HAVING BEEN RESERVED IN
SAID DEED ABOVE REFERRED TO.
PARCEL FIFTEEN;
AN EASEMENT FOR THE INSTAuATION AND MAINTENANCE OF PUBLIC UTILITIES OVER
THE WESTERLY 7.50 FEET OF THAT CERTAIN 1.17 ACRE PARCEL OF LAND CONVEYED
BY R.V. MONTGOMERY ET UX, TO C. AUSTIN PAYNTER, JR.. ET UX, DATED JULY
15, 1954. RECORDED AUGUST 11. 1954 IN BOOK 2935 OF OFFICIAL. RECORDS PAGE
566, SANTA CLARA COUNTY RECORDS, SAID EASEMENT HAVING BEEN RESERVED IN
SAID DEED ABOVE REFERRED TO.
PARCEL. SIXTEEN;
AN F.ASEMSHT FOR THE PURPOSE OP INGR.Ess AND EGRESS AND FOR THE
INSTALLATION OF POWER LINES AND PIPE LINES OVER AND ACROSS THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT A ONE INCH IRON PIPE ON THE ONE-QUARTER SECTION LINE RUNNING
NORTHERLY AND SOUTHERLY THROUGH THE CENTER OF SECTION 18, TOWNSHIP 8
SOUTH, RANGE 1 WEST, M.D.B. i M DISTANT THEREON SOUTH 0 DEG. 43' WEST
487.00 FEET AND SOUTH 0 DEG. 37' 30- WEST 1192.36 FEET FROM AN IRON PIPE
SET AT THE ONE-QUARTER SECTION CORNER OF THE CENTER OF SAID SECTION 18;
THENCE SOUTH 0 DEG. 47' WEST ALONG SAID OSR-QUARTIR SECTION LINE 296.00
FEET TO AN IRON PIPE; THENCE SOUTH 88 DEG. 47' WEST 61.73 FEET TO AN IRON
PIPE; THENCE NORTH 23 DEG. 52, EAST 144.66 FEET; THENCE NORTH 7 DEG_ 30,
EAST 166.75 FEET; THENCE EAST 5.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT RAVING BEEN RESERVED IN THE DEED FROM R.V. MONTGOMERY ET
UX, TO THOMAS GALSO, ET UX, DATED NOVEMBER 30. 1953 IN BOOK 2769 OF
OFFICIAL RECORDS, PAGE 133, SANTA CLARA COUNTY RECORDS, RECORDED DECEMBER
3, 1953.
PARCEL SEVENTEEN;
AN EASEMENT PO$ INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH
AND FOR WIDENING PURPOSES ALONG THE EASTERLY SIDE OF BAINTER AVENUE AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
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BEGINNING AT A POINT IN THE EASTERLY LINE OF BAINTER AVOM, DISTANT 387E
EAST 22-95 FEET FROM THE 3/4 INCH IRON ROD WHICH MARKS THE MOST
SOUTHWESTERLY CORNER OF THAT CERTAIN 3.02 ACRE PARCEL OF LAND CONVEYED BY
R.V. MONTGOM3+DtY ET UX, TO VIOLA M. JOYNT, BY DEED DATED JANUARY 2S, 1947.
RECORDED JANUARY 30, 1947 IN BOOK 1430 OF OFFICIAL RECORDS, PAGE 115,
SANTA CLARA COUNTY RECORDS;
RUNNING THENCE ALONG THE EASTERLY LINE OF SAID BAINTER AVENUE, THE
FOLLOWING COURSES AND DISTANCES;
SOUTH 29 DEG. 23' EAST 39.6S FEET,
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19 DESCRIMON
SOUTH S8 DEG. 47' EAST 111.90 FEET,
SOUTH 23 DEG. 13. WEST $8.47 FEET AND SOUTH 3 DEG. 17• EAST 102.51 FEET;
THENCE LEAVING THE SIDE LINE OF BAINTER AVENUE AND RUNNING SOUTH Be DEG.
3a, EAST 20.06 FEET; THENCE RUNNING PARALLEL TO AND 20 FEET DISTANT FROM
THE EASTERLY LINE OF BAINTER AVENUE THE FOLLOWING COURSES AND DISTANCES;
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FORTH 3 DEG. 17, WEST 99.42 FEET.
NORTH 23 DEG. 13' EAST 101.14 FEET,
NORTH 58 DEG. 47• WEST 123.94 FEET AND
NORTH 29 DPG. 23- WEST 22.S4 TEXT; RUNNING THENCE DUE WEST 22.95 BEET TO
THE POINT OF BEGINNING,
SAID EASEMENT HAVING BMW RESERVED IN THE DEED TO VIOLA M. JOYNT ABOVE
REFERRED TO.
PARCEL EIGHTEEN:
AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH
FOR ROAD WIDENING PURPOSES ALONG THE SOUTHERLY AND EASTERLY LINES OF
BAINTER AVENUE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF BAINTER AVENUE, DISTANT
SOUTH 88 DEG_ 38, EAST 2007 FEET FROM THE IRON PIPE WHICH MARKS THE MOST
WESTERLY CORNER OF THAT CERTAIN 6.1 ACRE TRACT OF LAND CONVEYED BY R.V.
MONTGOl4ERY ET UX, TO JOSEPH C. ROSSOTTO, ET UX, BY DEED DATZP MARCH 24.
1947, RECORDED MARCH 20, 1947 IN BOOK 1466 OF OFFICIAL RECORDS, PAGE 107,
SANTA CLARA COUNTY RECORDS;
BEGINNING THENCE SOUTH 88 DEG. 38, FAST 20.07 FEET;
THENCE SOUTH 3 DEG. 17, EAST 53.S2 F'EE'T;
THENCE NORTH 73 DEG. 37' WEST 18.53 FEET;
THENCE NORTH 27 DEG. 20' WEST 27.67 FEET;
THENCE SOUTH 73 DEG. 37, WEST 9.26 FEET AND
THENCE NORTH 3 DEG. 17• WEST 26.75 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT HAVING BEEN RESERVED IN SAID DEED TO JOSEPH C. OSSO R TTO, ET
UX, ABOVE REFERRED TO:
PARCEL NINETEEN;
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Order NO: Gatvoiv .��
DBSCRIMON
20
AN EASEMENT FOR THE PURPOSES OF INGRESS AND EGRESS AND FOR THE
INSTALLATION AND MAINTENA = OF PUBLIC UTILITIES OVER THE FOLLOWING
DESCRIBED PARCEL OF LAND
SMINNIso AT THR POINT OF INTERSECTION OF THE SOUTHERLY LINE OF 13AINTER
AVENUE KITH THE WESTERLY LINE OF THAT CERTAIN 2.80 ACRE PARCEL OF LAND
CONVEYED SY R.V. MONTGOMERY ET UX, TO GEO. A. DAVIS, PT UX. BY DEED DATED
DECLlk=ER 10, 1947, RECORDED DECEMBER IS, 1947 IN BOOK 1539 OF OFFICIAL
RECORDS. PAGE 595, SANTA CLAM COUNTY RECORDS;
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RUNNING THENCE AL * THE SAID SOUTHERLY LINE OF BAINTER AVENUE, NORTH 73
DEC. 20' EAST 135.20 FEET;
THENCE sQt7TLi 66 DEG. 58' EAST 121.10 FEET TO THE INTERSECTIONS THEREOF
WITH THE EASTERLY LINE OF SAID 2.00 ACRE PARCEL OF LAND;
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RUNNING THENCE SOUTH 2 DEG. 25' FAST AL4= SAID LAST NAMED LINE 11.08
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FEET; I
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THE= RUNNING NORTH 66 DEG. 58' WEST 122.25 FEET AND SOUTH 73 DEG. 20'
WEST 143.40 FEET TO THE SAID WESTERLY LINE OF SAID 2.110 ACRE PARCEL OF
LAND.-
THENCE ALONG SAID LAS NAMED LINE NORTH 33 DEG. 04' 45" FAST 1S.47 FEET TO
THE POINT OF BEGINNING.
SAID EASEMENT HAVING BEEN RESERVED IN SAID DEED TO GEO. A DAVIS, ET UX,
ABOVE RRYMU D TO.
PARCEL TWENTY:
O SS
AN EASEMENT FOR THE PURPOSE F INGRESS AND EGRESS AND FOR THE
INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER THE FOLLOWING
DESCRIBED PARCEL OF LAND;
BEGINNUM AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAINTER
AVENUE WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN 2.10 ACRE PARCEL OF
LAND CONVEYED BY R.V. MONTOOMERY, ET UX, TO RALPH BURRELL, ET UX, BY DEED
DATED FEBRUARY 27, 1948 RECORDED APRIL 7, 1949 IN BOOK 1593 OF OFFICIAL
RECORDS, PA{3E 388 OF SANTA CLARA COUNTY RECORDS;
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RUNNING THENCE ALONG THE WESTERLY AND SOUTHERLY LINES OF SAINT= AVENUE
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THE FOLLOWING COURSES AND DISTANCES:
NORTH 9 DEG 20' WEST 76.22 FEXT
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NORTH 17 DEG. SO, PAST 117.90 FEET.
NORTH 0 DEG. 15' FAST 16.03 FEET,
NORTH 61 DEG. IS' WEST 26.33 FEET,
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order No: 281081u
DESCRii'"i'ION
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NORTH 80 FEET 15, HEST 47.61 FEET.
NORTH 74 DEG. 30, HEST 166.47 FEET AND
NORTH 19 DEG. EAST 49.19 FEET TO THE EASTERLY LINE OF OVERLOOK DRIVE;
RUNNING THEME ALONG THE EASTERLY LINE OF OVERLOOK DRIVE, SOUTH 36 DEG_
28- 30" WEST 35.73 FVXT;
SCE ON A CURVE TO THE LEFT WITH A RADIUS OF 97.84 FEET. THROUGH AN
ANGLE OF 15 DEG. 30, 30" FOR A DISTANCE OF 26.48 FEET;
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THENCE LEAVING SAID LAST NAMED LINE AND RUNNING SOUTH 74 DEG. 30' EAST
182.79 FEET. SOUTH 80 DEG. 15, EAST 46.63 FEET, SOUTH 61 DEG. 15' EAST
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1s.71 FEET, 8omu 0 DEG. IS, HEST e.S3 rEFT. SOUTH 17 DEG. 50' REST
119.77 FEET AND SOUTH 9 DEG. 20' EAST 90.60 FEET TO THE SOUTHEASTERLY
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LINE OF SAID LAST NAMED LINE 14.83 FEET TO THE POINT OF BEGINNING.
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C SAID EASEMENT HAVING BEEN RESERVED IN SAID DEED TO RALPH BURRELL, ET UX,
ASOVE REFERRED TO.
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PARCEL TWENTY-ONE
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AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS AND FOR THE
INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER THE FOLLOWING
DESCRIBED PARCEL OF LAND:
$$GINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SAINTER
AVENUE t40 FEET WIDE) WITH THE WESTERLY LINE OF THAT CERTAIN 2.58 ACRE
PARCEL OF LAND CONVEYED BY R.V. MONT"GOMERY ET UX, TO JOHN F. BRAYEVICH,
ET AL, BY DEED DATED AUGUST 21, 19SI RECORDED SEPTEMBER 11, 1951 IN BOOK
2280 OF OFFICIAL RECORDS, PAGE 620 SANTA CLARA COUNTY RECORDS;
THENCE ALONG THE SOUTHERLY LINE OF SAINTER AVSNtiE THE FOLLOWING COURSES
AND DISTANCES
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WORTH 83 DEG. 46' EAST 101.79 FEET,
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NORTH 57 DEG. EAST 151.30 FEET.
NORTH 86 DEG. 30' YAST 26.40 FEET.
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SOUTH 64 DEG, 15' EAST 31.44 FEET,
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SOUTH 47 DEG. 30' EAST 35.46 FEET,
SOUTH 59 DEG. 30' EAST 105.87 FEET AND SOUTH 25 DEG. 30, HEST 66.02 FEET
TO THE INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF SAID 2.50 ACRE
PARCEL OF LAND;
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DESCRIPTION
22
RUNNING THENCE SOUTH 46 DEG. 12, WEST ALONG SAID LAST NAMED LINE 56.58
FEET;
THENCE NORTH 35 DEG. 30' EAST 100.62 FEET;
THRICE NORTH 59 DEG. 30, WEST 89.64 FEET:
THENCE NORTH 47 DEG. 30, WEST 34.62 FEET;
THENCE NORTH 64 DEG. 15, WEST 23.28 FEET;
THENCE SOUTH 86 DEG. 30, WEST 16.00 FEET;
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Tj=CE SOUTH 57 DEG. WEST 150.80 FEET;
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THENCE SOUTH 83 DEG. 46' WEST 107.68 FEET TO A POINT ON THE WESTERLY LINE
OF SAID 2.38 ACRE PARCEL OF LAND;
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RUNNING THENCE NORTH 2 DEG. 25' WEST ALONG SAID LAST NAMED LINE 20.04
FEET TO THE POINT OF BEGINNING.
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SAID EASEMENT HAVING BEEN RESERVED IN SAID DEED TO JOM P. BRAYEVICH. ET
AL. AIaOVE REFERRED TO.
PARCEL TWXNTY-TWO:
AN EASVENT FOR THE PURPOSE OF INGRESS AND EGRESS AND FOR THE
INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER THE FOLLOWING
DESCRIBED STRIP OF LAND;
A STRIP OF LAND 10 FEET WIDE LYING WESTERLY OF AND ADJACENT TO A LINE
DESCRIBED AS FOLLOWS.-
BEGINNING AT AN IRON PIPE SET IN THE CENTER LINE OF THAT CERTAIN 60 FOOT
RIGHT OF WAY =9X4N AS LIITLE'SROOX DRIVE. AS SUMM ON THE MAp OF RECORD OF
i SECTION 1 8 TOWNSHIP 8 SOUTH, RANGE 1 WEST, MOUNT
VEY OF A PORTION OF
SUit
DIABLO ARSE AND KM=IAN. WHICH MAP IS ON FILE IN BOOK 25 OF MAPS, AT
PAGE S5, AND IMING DISTANT ALONG SAID CENTER LINE SOUTH 6 DEG. 49, 30"
WEST 135.00 FEET AND SOUTHEASTEK-Y ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 53.79 FEET TANGENT TO THE PRECEDING COURSE THROUGH AN
ANGLE OF 62 DEG. 44' AND AN ARC DISTANCE OF 58.80 FEET, FROM THE
SOUTHEASTERLY CORNEA OF THAT CERTAIN 1.52 ACRE PARCEL OF LAND CONVEYED BY
R.V. MONTGOMERY, ET UX, TO MARK COX, ET UX. BY DEED DATED NOVF2+ ER 2.
1953 RECORDED NOVEMSSR 10, 1953 IN BOOK 2755 OF OFFICIAL RECORDS AT PAGE
(
119, SANTA CLARA COUNTY RECORDS.
THENCE FROM SAID POINT OF BEGINNING LEAVING SAID CENTER LINE OF
LITTLEBROOK DRIVE, SOUTH 7 DEG. 55' WEST 109.55 FEET TO AN IRON PIPE;
THENCE SOUTH 7 DEG. 45' EAST 98.90 FEET TO AN IRON PIPE;
OnC=-l MIN A^
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Ethi h t a
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Factaw AVwa=aC=5-4-001 doc
05050000934 18.
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kiay-05-00 02:18pm Fran-COOLEY GOOW' lP 14159513609 T-895 P 03 F-246
CHICAGO TITLE COMPANY
M ANY
F'REL
!MlNARY REPORT
FIRST FENDED PRELIMINARY
as Ot May 1.20M dt 7.30 AM
ftW&XV: W3WW
Older No.: &iO=-
CRIftrnia
CNiCAGO Tf 14 COMPANY herby reports that k i
Wqxlrqd herreal, a Policy Or PORM of TIMe Insurm to Iesue. Or cause to be issued. a$ of the Cate
irlM*V aggInSt kale WhiCh may be sustained a�gg tfis land and the estate Of therein hereinafter Set forth.
by rRBsorr of any d6fect lien or encwyorarm not shown or refemed to as
in Schedule 19 or not excWed from coverage pursuant a the prim Schecfutes. CParldltlons and
Of call Policy tomb,
The Eacefr Il and EWusisms from the coo
C.opim of the Policy farms are atialabb ® Of sitid PdreY Or POIk� are riot forth ur ft aaachW cart.
�+ +won ,•
Please read Use mmpwrm shown or rid to Sctradyle 8 and qie>_
ltst or thk car�gy.The eraceptiorre and sareluekrn ire meer� ietC exdtJslofta set fiortft M on
� are not canned under ow terms of fate tNle irlsrirsitoe �W�avld®Ytw wl�"O'�"''e of
miners �
Itytport M to ncft 00 tfds prgi��y++sport is no a wrftn +acre! should bQ conekf�d. It
is
11at ail liens,dPfllaU.and encumbrances iffeotlnQ r seetttatlott i6 to the condlw of thfe and rrmy rlo
tltl®to the lira!, �
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE FACILITATING THE ISSUANCE OF A POLICY OF TITLE! E OF
DESIRED THAT LIABILITY t3l ASSUMED pROp TO THE ISSUANCEOF A Ci LIABILITY IS AS HEREBY.IF IT IS
OR COMi�LiCY OF T9 �
MITM NY TITLE E SHOULD INSUR
ULp 9E AEQUFSTEp, ANCE.A 81NOEA
The form Of policy Of td9 insurance cOmentpla W by tt*report Is:
CLTA 3wicMra Polfay
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VW W an The W#4 OwSWOMWiatwk t�cam
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Two Depettme -
f CHICAGO TITLE COMPANY
110 West Taylor Sues:
" San.loge,California 95110
(408)N2-4212
i
Laura Miser
Laura MOW,TITLE OFFICER
P'-oam,.w*
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SLTt. ? A
'dtdGa No: 040203 LM
I YOUT OZE 6033868
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1. The estate to iauwt is the ixwd hGroinaRer dcscnbcd or
referrcdto caVerod by d9s MI)MI is.
A ICE as to Parcels Oste and Two; SNeemOAt a$ to Parcels Three thru Tveaty Two
Z- T''de to said estats or attereat at the dace Itareof is vMcd ia:
Wallace Krone alai Will'am BishoP, (Trustees) U.T.A_
dated March 2. 1989
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3 The 4ad roknvd w iA this rapart is attwucd is the State of Caiif
I and is described as Knows: aaAta,County
of 8Ali<TA CLAP
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DESCRIMON
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All that certain Meal Property in the Min
corporattd Area, Count
Stat6 Of California described as
follows: y of Santa Clara,
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Bdginning at a 20 x a* stake in the one-
and Southerly through the Center of One-quart'jonter
section line running Northerly
M D•a K distant thereon south a D Tow
aship 8 South, Range Z West
xAtsraeecio4l of said ona_ rtux 35• Nest 334.80 feet from the point of
Avenue as said Avenue issian line with the centerline of Sainter
R. Chase, E. Sehillingsshownthe of Map No_ 2 of the W. S. Clayton Jr.
LTsa ranch. �+hiCh Map is Qn hale in rra ce once Subdivision of the
Me Clara, State ofOff part of the Glen
California in Sock "P" of maps, corder of the County of
point of intersectiOA being dlAtdnC elong said Sae_ pages 53 and 54, Said
d69. 41" West 310.00 feet from a 3/4 inch irea quarter section line south O
cornier in the canter Of said s•ar-4*n is, said pig at the oa!-Qttartez section
Southeasterly corner of that certain 2.24 944 point of beginning also being the
acrenstgomery. et ux, to Paul G. Richards of parcel of land conveyed by R.V.
recorded .r'Lue 3. 1954 is Sock 2ic6 of Ofaaci 1 by Do
ad dated Nay 28. .1954 and
County Records, , Page 630. Santa Clara
thence from &aid point of b izta
e9 �g leaving said ens-quarter section line and
running along the Southerly line of said 2.24 acre
59' West 113.65 feet sad Scueia 83 d parcel of land north V deg,
corner of that certain 1.17 acre 43' weal o2.06 feet to the Northeasterly
Montgomery at ux, to C. � gross, parcel of land Con�yed b
Austin R.V.
tin Y
Poy
nter.
ansd re Poyn Jr. et
co ,
recorded Au al Deed dated
t 1 led
� 1. 1954 in boo July 25, 1954
k
2935
C of Official Clara County Records. finial Rscord;s, page 566, Santa
Thsncs Leaving said 2.24 acre
1.17 a+Cre parcel of land parcel of land and following the boundaries of said
8 des• 02, Nast 252.69 feet to a
pipe act in Che centaxline of a 60 foot easement bOnero inch iron
� kriovA as Littlebrook Drive;
thence along Said iron pipe; centerline South 73 deg. 20• West 196.08 feet to a one inch
thence leaving the centerlini6 of Littlebrock
287.85 foot to a 2^ x 4^ stake at the NorthwesterlyDrive North 6 deg. 17. 301, scut
Parcel of land is the Southerly line of said 2Z4Creznsz of said 1.27 acre
i parcel of land;
i Utenca leaving said 2.17 acre
boundary of said 2.24 acre parcel of 3anyd South7land and ;Rg along the southerly
2� x 4« stake and North 3ti d 9. 59 west 114,28 tact to a
the centerlina of a4. 3l West 59.46 feet to a 3/` inch iron pipe in
sou'heaaterl line easement 40 feet wide 3cssawn a: wardia Lane , yny the
Y of that certain 2.28 acre Parcel of land c
Xontgomery et ux, to Mary K. Zstler, by Deed dated conveyed by tt.v.
18. 1952 in book 2472 of official Records, June 23' 1952, recorded April
Page $23. &Arita Clara C..Cy Records;
thence leaving said 2.24 acre parcel of land and said Woodwardia Lane and along the southeasterly lid of of 9 the Centerline of
land and the southeasterly lime of that certain 1.98 of
acre parcel of
parcel of
la
nd cow
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May-05-00 02:18am From-COOCEY COOL .LP 14159513688 T-885 P 06/42 F-246
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2 DESCRUMON
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by R.V. Montgomery or ux, to S. Barl Brown, at ux, by Geed dated JuAea 9,
recorded June 29, 1953 in Book A673, Official Records of
Santa 1953,
South 58 deg. 09" fleet 343.64 feet to an iron pipe at theWee3terlyr4 terminus of
County,
said centerline of woodwardia Lane and the Southerly corner of said land;
thence along the Southwesterly lane of said 1.98 acre parcel of land North 47
deg. 20, hest 119.30 feet to an iron pipe at the Easterly corner of that certasa
0 14ontgomery, at ux, by S. Earl Brown, et
wc, by Deed dated haly 7, 1953,recorded JU-1y 8, 1953 in Book 2930 of Official
Records. at gage 417. Santa Claris County Records;
thence leaving ,said 1.98 acre parcel of land and running along lice of said 0.08 of an acre parcel of Land north 82 deg. she 9eSouthwesterly04•
an iron pipe at the Westerly corzar of West 160.12 feet tosaid 0,06 of an acre parcel of land in the
centerline of said easement 60 feet aide known as Lsttlebrook braves
thence along the centerline of said Littiebrook Drive the following courses and
distancesi South 31 deg. 24• West 65-al, feet, thence am a curve tea the right w1th
a radius of 100 feet through as angle of 39 deg. 17• for a distance of 6e.56
feet: thence South 70 deg. 41, Rest 41.67 feet: thence on a curve to the left
with a radiva of 75 feet. through an angle of 59 deg. 36• for a distance of 78.05
feet: thence on a curve to the left with a radius of 152.23 feet. through an
angle of 21 deg. 021 for a distance of $5.90 feel, thence South 9 71.73 feet to an iron pipe. thence south a �• 59' East
�9. 18 West 175R.65 feet to an iro
Pipe: thence South 6 deg. 48n
' 30* West 117.40 feet to an iron pipe at the
Southwaaterly corner of that certain 1.42 acre. gross, parcel of land Conveyed by
R.Vrec d"utgMery, st ux, to Nark Con, et ux, by Deed dated November Z, 1953,
recorded November 20, 1953 in Book 2755 of Official Records, i Clara County Recordsi page 119, Santa
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thence leaving the centerline of Littlebrook Drive and
Southerly line of said S.52 acre i��ntiing along
= the
feet to an
iron pipe at the Boutbst6trlyfcoraar of sNorthsd�l.s2 acre West 218.69
in the C=terliae of an easement 6o feet wide. Parcel of lead
known fps overlook Drive:
thence along the centerline of said Overlook Drive Worth o feet to an iron pipe and thence Worth 9 36' Bast 14Iip
at the Southeaats=rly corner ea of that - 51 >Eagt 234.40 feet to as iron pig
certain 6.1 acre tract of laud conveyed by
R.v. Montgomery et ux, to Joseph C. Rossotto, at ux, by Deed dated March 24,
1947, recorded March 28, 1947 in Book 1466 of Official Records: page 10T, Santa
Clara County Records:
thence leavUM overlook Drive and e rLtAai� Along thh Southerly boundary of said
Southwesterly corner =hoof: Pipe at the
thence along the Westerly boundary of said 6.1 acre t five c rest of our¢es and distances i land the follovi.
North 9 deg. 56 East 69.43 feet to a 2,, x 4-
stake;
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Kay-05-00 02:19am From-COOLEY GQOWARO LLP 14159513629 T-995 P Ot/42 F-246
3 DESCRIPTION
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thence North 2 deg 3.5' Fleet 77.33 feet to a Z* x 4^ stake; �
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thence North 23 deg. 09' West 176.88 foot t0 a Z+ x A
4 stake;
thence North 16 deg. 55. 30" West 231.44 feet to a 3/4 inch iron pipe and
thence North 27 de � I
g• 20 Rest 61.67 feet to en iron pipe in the centerline of
$ainier Avenue 40 feet wide, as spawn can said Map of I
Ranch hereinabpve referred to,- MP No. 2 of the Glen Una
I
thence al ong said centeline of Saints Rves3ue,
distances; the four following courses and
North 73 deg. 37, West 198.00 feet.
South 80 deg. West 171.go feet,
South 58 deg. West 174.90 and
South 76 deg. 31• West 363.0o feet to the most Vested
of Baintez Avenue a the Y point at e�aid eencerline
Of said centerline as Shown a said map eof NO.52 off en begsRn of Course No. 6
chences leaving said centerline straight tine 287.0o feet, of 8aznter Avenue and rt�rini
more or less to the sotheasterlyc orner oftthat
in a
Certain 19.12 acre tract of land eon
to Genevieve C. 8isho �d by A�ciy Relief society, A Corporation,
p, by Deed dated May 15, 1935, recorded April 19, 1935 in
Book 728 of offical Records, at page 191, Santa Clara County Records, said cc
East 2.64 feet) r
being marked by an Aron pipe and f== which a ZAUrel tree bears Sough 4 deg. r
thence following the Southerly
Of land the three follow` o rseand Westerly diy ancbou edariea of said 19.12 aCre t following courses
And 9t
sect
III dl anaea:
North 87 dig. 54' Went 276.67 feet to an iron pipe,
III thence Borth 27 deg. 38, West 468.60 fast to an iron, pipe;
I
and cheaae North 23 deg. 50' 8ast 1sS.46 gees
westerly boundary of said 15.12 sate cr to the point of lntersee:ti
34 as shown on said est of
laud with the soutberlr tin of Lot
MapNo. 2 of the Glen Me Ranch;
i
chance leaving said Z89 d sere tract of laud and runny along the Southerly line
Of said Lot 34 North e9 deg_ 35' West 544.15 feet to the Southwesterly corner of
said roc 3t and at the Northeast corner of the Northwest oae-
Saucheaat one-quarter. of Section 13, Township 8 South of the
Range 2 2 West
X.V.B. t N.
thence along the one-quarter section line g
the center of said Secttau 13 runnier =asterly and Neeterly through
stake and a pipes dt ibis am-quarter South 86 deg. 48' West 12s7 feat to a 3" g 4�
quarter section corner ih the center of Section 13;
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-waystww
4 DFSCR.IMolq
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I thence along the one-
QUarter section line running Northerly
the center of said Section 13. South ZogQ.Bo Pest to as old picket pipe Southerly through
the one-quarter oection corner on the S�ther2y late of said icket a d
thence along the southerly lase of the Southeast oae-
North 89 dog. 49' East 3574 quarter of said Section 13,
corner of Sections 1H and 29eTo*Tnshin 81g South 3- Post and pipe at the cep
24, Township 8 south, e p Range 1 West. and Sections 13 and
Rang 2 WESL, X.D.B. � M.
thence along the Southerly line of the Southwest onc-
North 83 deg. 45, East 2i79.60 feet to , honer of said Section 18,
aii old 2 3C i Stake and Pipe at the
one-quarter section corner on the Southerly line of said Section 18;
thence
along the One-quarter
the center of said Section IS, Northsr1ye 63 running
N more or y and Southerly through
at the southeaseorly corner of that certain 0.10 Of a to s:s sr+�ss paps
conveyed by R.v. Mut9oeery, et ux co Tlyoanas Ga►lbo, et tut parcel o= land
30, 1953 recorded December 3, 1933 in Book 3769 of Official Records,,ped atovember
Santa Clara County Records; age 133,
thence leaving paid one-quarter section line
said 0.10 of an acre said running along the boundaries of
Parcel of land the four following courses and distance9;
South 68 deg. 47• West 61.73 feet to an ir
on pipe:
thence North 23 deg, 52, East 114.96 for
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thence North 7 deg. 38' East 166.75 feet,thence seed
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East
orthe 3ter S.Oo feet to as iron pipe said one-quarter section line at the
I ATortheastesZy corner of said 0_10 of
an acre parcel of land;
thence along said one-quarter section
314 inch ironpipe at the most lase Northarly 437 feet. More or less, to a
oSoutherly corner of that certain 1.700 acre
of land shams on that certain Map of Record of Parcel
Section 18 on file in lock 2S of Maps. at pa 5Y of a portion of said
9e Santa Clara County Records.
f thence continuing along said one-quarter section line and the Easterly It
said 1.700 acre parcel of land and the 1.063 acre Y nee of
Map of Record at Survey last abe" referred to Farrel of land shown on said
distances: the three following courses and
North 0 deg. 39' East 143.19 feet to a 314 inch iron pzpe;
thence North 0 de35,
q oast 96.8 I
CORD
1 feet
coal �
n co
rner i4 i e r for said 1.7pp acre parcel of Land � iron pipe at the Easterly
land: and said 1.063 acre
parcel of �
and thence North o deg. 37' 30"
East 307.46 tier a portion of the Southeast case_ to the point of ou bing
West and a quarter of Section 16, Township 8 Southa8 g,
Portion of th
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e Southsast 114 of Section 13, Township a South, Range 2
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May-05-00 02:20ps From-COOLEY GODWARD LLP 14152513692 T-695 P 02/42 F-246
5 DESCRrMON
bleat. Mount Diablo Rase and Meridian.
Excepting therefrom the portion thereof conveyed
by R. V.Montgomery, Montgomery and Ethel Wife, to Addison M. '*""-aside, by Deed Recorded February 15, 1955
In Rook 3006, Official Records. at page S15, and being described as follows:
i
8691anIng at a 3/4 inch iron
pipe on the one-Quarter st:ctiou line running
Northerly and southerly through the tearer of Section 18, Township 8 South. Range
1 West' Mount Diablo Base and Neridian, said iron pipe being distant South 0 deg.
36' hest 334.80 feet and South 0 deg. 37'stake at 30" hest 307.46 feet fi^om a 4" x 3"the point of intersection of said one-quarter &action lira with the
center lino of "inter alveaue, as shown on the Map a1 Record of Survey hereinafter referred to;
thence leaving maid otus-quarter section line North 145 deg. 26, "*at Ile-46 feet
to a one inch lron pipe;
thence North 6 deg- 02, West 56.57 feet to a one inch pipe set at the Sant
terminus of the center liner of Littlebrook Drive as of Survey; shown On said flap of Record
chance along said center line of littlebsvok Drive, South 73
feet to a 3/4 inch iron pipe and South 76 �. 41 3 �' 20' Nest 335.38
one-half inch iron Pi.Fei P" >ae►&t 110.84 feat to a
thence leaving said center line of Iattlebrook Drive, South 7a deg- ,
149_ d
50 feet S2 t
et to g Ens
A 3 4
/ catch iron pipe;
p �
thence North 83 dog. 98' Ea4t 121.06 feet to a 3/4 inch iron i
P-Pe:
thence South 58 deg. 53' 30" Bast 240.36 feet to a Me inch iron pipe.
thence South 71 deg. 01' East 87.30 feet to a 3j4 inch �roA pipe oa said
one-quarter section liner p deg. 30' East 143.19 to a 3/4 -inch iron Pipe and
North 0 deg. 3S, East 96.81 feet to the point of bag.4nning, shown and dr►liaeated
upon that certain Ma of Records ar Survey
South, Range 1 west, Mount Diablo Rase and Mazidian 1tdsi gap a
25 of papa, at Page 5!5. ch on of Sections 18, Township 8
Office of the Recorder of the County of Santa Clara, Wtate atCa11ae Bookthe
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ALSO excepting therefrom that portion thereof described as follows:
SeglnnlAg at a 3/4 inch irOA
right of way Pipe set on the center lies of that certain 60 foot
y ka"A as Uttlebrock Drive as the as r is shown on that certain Map
of Record of Survey of a portion of Section jig, Township 8 South Range l West,
S Mount Diablo Saxe and meridian. which Map was filed is Book 2S of Maps, at Fe sg
SS, said iron pipe being at the Southerly terminus of the line deaigasted "south
6 deg. 48' 304 nest 2S2.40 feart% of said center lute of said 60 foot right of
way. and also being distant along said centerline saut;% 6 . , „
135.00 feet from the Southeasterly corner of that cart14 acre
30 Best
land conveyed by R. v. MoAtomery, et ux, to Matit Cox, t ux parcel of
. by peatd dated
11
asc-msa-nrwrn,M
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vc:ery rrK-XVQLer - 4-1-MT36f1V- P 1U/41 F-z4b
s DESCR MON
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November 2, 2953 and recorded November 20,
Page 119, Santa Clara Count 1953 is Rook 27S5 of Official Records,
y Records.
Thence from said point of baginniAg running along said center line of said 60
foot right of way known as Littlebrook Drive, &outheaaterl al
curve to the left, having a radius of $3.79 feet, from a tangent nt the are of a
deg. 48. 30" west tough an angle of 62 dig. 44' as are aA3snt bearing
South 6
to an iron p1pt; distance of 5s.89 feet
thence leaving said center line of Littlebrook Drive,109.55 feet to an iron pipe; South 7 dog. 55• Kest
thence South. 7 deg. 45' East 90.90 feet to an iron, pipe:
thence South 1 deg. 20• West 80.00 feet to an iron pipe:
thence South 86 dog. 41' West 132.00 feet.
thcace North 42 deg. 53, West 244.58 feet,
and thence North S9 deg. 13• East 324.00 feet to the
by E- V. Mont nag aver, and beingpoint ec yed
Montague' Civil 1 beginning.
curve
South, Range 1 Went, Mount Diablo ease and
s portion of Session 28. Township S8
i
Meridian.
Also excepting there.frola those portion described as Parcels 3 and
to Jame* D. Mair, recorded September
10, 1976 4 in the Deed
Records acid more Eook C2T3, gage 200 of 4fficiatl
particularly do$aribed as follo>aa:
i
A. 9arceZ 3;
i
Beginning at a 2- x 4- state in the ono• tst section 1Sne,
and southerly through the center of Section 1a, Tow"hip a South,
outh Ran Northerly
M•a•H i m•. distant thereon South 0 d Range 2 host,
i Intersection of said one_ �. 35• We*t 334.80 feet fros► the point of
I Avenue, as said avenue is Shower ancthea line, with the center Line of Sauter
J•&- Chase. $. 8chi113 ►P of, Map No_ 2 of the W.B. Clayton,
I tagaburg and J.P. l�rrance Subdivision of a pit of
Qha Ranch». wic2itrap is on tiled au the Off ice of the Recorderthe Olen
Santa Clara, State of California. in w of the County of
Point of intersection beingBook P of Map*, at Pages 53 and 54, said
�• 41' Rest 310.00 feet +3t4alo=yg said one-quarter section line, .South o
corner in the center of saidSection inch iron
pipe at the o:ze-quarter section
Southeasterly corner of that erta n 2.24 said
e point
fobeginning also being the
Montgomery, et ux, to 8at�1 t3. Ric
recorded . st ux. May
28, I S4 a V.
.Huse 3, 1954 in Book 2886 of Official Reeeoorrddss,dated 6y 28, i95C and
Ccuuty Records. pogo 630, santa Clara
Thence from aaid gout of
running along the Sou �znasng leaving said one-q.,arte; section line and
Southerly line of said 2.24 acre parcel of I&W. North 82 deg_
S4' itsdt 123.65 ,feet and South 83 de
corner of chat certain 1.2? care 9. 43• West 52.0E feet to the SortheaaCerly gross, parcel of land case
Kcntgemery, of ux. to C. Austin 8oynter. Jr. veyed R. V.
et ux, bx heed dated July 15, 1954
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May-05-00 02:22as Frw-CMLEY GODWAR0 LLP 14159513699 5-895 P 11/42 F-246
7 DESCM ON
Now
d recorded August 11, 1954 in Book 293$ of Official Records, Page 566, saata
an
FClara County Records;
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thence leaving said 2.24 acre parcel of land and follow,1.17 acre parcel of land, South 8 the boundaries of ,said
' J- 02 last 252.S9 feet to a One inch
page sac in the center of a 6o foot easement )caowA as Litclebrook Drive iron
most Northerly corner of parcel of land conveyed by R. Y. Mont sAd the
F. )NoAtgonte2-y, His
Kite. to Addison M. wluteaidf. gomery and lithel
1955 in Hook 3096 of Official Records, at Page SSS Deed recorded Februazy 15,
I
thane South a deg. 02' Bast 56.37 feet to a one inch iron pipet
thence South a5 deg. =g' Cast 115.46 feet to a 3/4 inch iron pipe on the
one-Quarter section line, running Northerly and Southerly through the center of
Section 12, Township 8 South, Range l hest, M.D.B. t: M.r
thence along the said one-quartet section line, XOrth o
feet to the point of beginni g 37• 30" ffiaat 307.46
$. Parcel 4r
Commencing
at a one inch iron pipe at the Southeasterly corner of that certain
1.10 acre parcel shown on that CgrtaiA Record of Survey retitled, wRecord of
Survey of a Portion of sect. 18, T. 8 s_. R. 1W., At,D.B.i.M.". retarded is Book 43
°f Maps, at rage 55, Santa Clara County Records, said point of comment
being in the center line of a 60 foot easement known as Llttlebrook Drive,
thence from said point of Commencement, along Southerly line of said Record of
Survey. South 73 deg. 20, 00" wear, 196.06 feet to the Sou 1.51 acre 'net) paroel, as shown on said Record of 8 abeasterly corner of a
beginning of the parcel to be describtrd; usvey and the Crum point of
thence al the he Easterly and d tortherly Bass of said 1.$= acre piltcel, the
following courses end distance; port ,
h 6 deg. 1? 30" hest, 267.85 rest; I
thence South 97 dug. 59' 00" West, 114.28 feet;
thence North 36 deg. 31. 00" Nest, S9.49 feet,
thence South 58 deg. 09, 000 Hest 345.64 feet to the Northwest Corner of that
1.08 acre 'net) Parcel shown on said Record of
being the most Easterly Corner of that certaiA 107eaacrea(neid t) threat shower also
that eertaza Record of surveyParcel shown on
entitled, "Record of Survey of 4 Portion of Sect.
18, T. 8 S., R. 1 W., M.D.B.&M.". as said ]record of survey was recorded in Book
49 of Maps, at Page 4, Santa Clara County Records.
thence along the Northeasterly lines of said 1.07 acre parcel the follow,
coursta and distanced: North 47 deg. 20, 00" Kest, 119.30 fete; nq
� thence North 82 deg. 04' 00" West,
60 foot easement known as Llttlok 160.12 ri feet to a point as the center line
of a ebrg Driver
Dtfo-j�q/4i MNow
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8 DEScxUMoN '
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thence along the center line of the, said Littlebronh birve, as ahowe on said
Record of Survey, the following eoureea and distancen: South 31
west, 65,81 feet; "
deg. 24' 0Q
thence on the are of a tangent Curve to the right, with a radius of 100.00 feet,
through a central angle of 39 deg. 17. 00". for an are distance of 68.56 feet;
thence South 70 deg. 41, 00" Heat, 41.67 feet,
thence on the are of a tangent curve to the left, with a radius of 75.00
through a central Seigle of 59 deg. 38, 00", for an arc distant* of 78.06 feet toa point of compound cuvature;
thence on the are of a curve to the Southeast, from a t
deg. 03 fl0" west, with a radiw of iS3.28 feet angeat bearing of South 1.
deg- 02, 00", for an arc distance of 55.90 feet] a central eagle of 21
thence south 9 deg. 59' 00" Seat, 71.73 feet;
thence South 2 deg. 18' 00" west, 179.66 feet;
thence South 6 deg. 40' 30" i►est, 252,40 feet;
thencQ on the arc of a tangent IS7 curve to the left, with a radius of 53.79 feet,
through a central eagle of 157 deg. 40' 30"
. for an az�c distance of 148.03 fees;
thence North 29 deg. 08' 00" East, 133.12 feet;
i thence North 42 deg_ S0. 30" Fast, 267.20 feet Co the
that certain 1.23 acre (Aet) t Easterly canner of
Parcel as sh0vm oh Said Zase mentioned Record of
Vurver, and the southwest corner of that certain 1.09 acre (net) parcel shorn
! the above first 4mationed Record of Su!Yey; on
thence along the center line of said Littlebrook first mentioned Record of Survey. North 4� Drive, as shown oss the above
I
deg. 50 30 East. 94.00 feet;
thence south 83 clog. 42, 30" East. 100.00 loot;
I
thence North 67 deg. 11. 30" East, 184,S0 feet;
thence North 76 deg. 41' 30" East, 11C.84 feat;
thence North 73 deg- 20, 00" Bast. 139.30 feet to the true point of i
the parcel b*149 described. beginning of
?ARM TWO:
Beginning at an ixon pipe in the center lin of Avenue &
g
intersection of courses 40 and 41, as said Avenue aaandeCo _
urer®a are sue, on the
Map 40re2nafter referred to;
Walk M
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Miry-05-00 02:23am From-COOLEY GODWARD ilP 14150513692 T-695 P 13/42 F-246
DESCRIP'I ON
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Running thOnCO &long said ceutor line of aaiater Avenue the following three
courses and distance3i
North 43 I deg. East 102.96, North 25 deg. 30' East- 264.00 feet and Nort
30• Hest 98.66 feet to an iron pipe; h 59 deg,
thence leavt ng said center lute of Sauter Avenue and runniUS North 30 deg, 36'
East 75.70 feet a 2- x 4- stake;
thence North, 74
deg. 03' East 67.70 fact to a 2- x 4" stake;
thence North 64 deg. 19' East 24.19 feet to the true point of beginaiug of this
description;
thence from said trrs�a point Of be9irxning, So11th 9 deg- 26' West 26.24 feet;
thence Worth 64 deg, 19' East 26.24 feet;
thence Forth 9 deg. 26' East 26.24 feet;
and thence South 64 deg. 19' Nest 26.24 feet to the true
point being a portion of Lot 43 as shown on beginning and
ar that Certain Nap entitled, "gyp No. 2 of
the W. S- Clayton, Jr R Chace, E. ShilliAgaburg and J. P. Dorrance Subdivision
of Part of the Ulan Una Ranch', which MOP was filed for Record in the office of
the R=corded of the county of Santa Clara, state of California on February
9,
1921 in Hook "P" of idaps, at Pages 53 and 54.
PAR=
7'JiRiE r
The right to trawl, along end upon a str
ip of land 40 feet weds. lying ZO feet
on each side of the following described center
line:
Beginning at an iron pipe set one foot below the surface of the center line of Canon ground in the
Rom. distant chareon 55 deg. 00" East 60.73 feet and 2Worth
10 deg. 35' past 290.74 feet from the 5outher=o,st coZner of Lot 41, of sand y
No- 2 of the Glea Una Rauch as the sable is sbor� u�a that certain , o entitled,
a
"Nap cbowiag boundaries of I.Ot 42 of tiap No. 2 of the Q1eA tTaa Rauch which Nap
was filed in the Office of the Recorder of . 2 of of n Una Clara, State of
California on October S. 1936 in Book T. of Naps, at Page 10, and tannin t
from said point of beginning the five following courses and distances; 3 hence
South 79 deg. 55, East 35.74 feet to an iron Pipe: set a suches below the surface
Of the ground South 11 deg. 23, Wont 199.50 feet to an irgn i 33 deg. 04' Went 197.50 feet to as iron pipe set 6 inched b@lowethotsflush, 5ouch
cue ground. South 56 deg. 43, West 110.30 feet to an iron i surface of
the surface of the ground and South So _ p set 0 inches below
the center line of $aintsr Avenue �ehdis betwean thepoint
oin 0.00 feet to a point is
eadzn9 of Course No. 3 and the point Ch indicates the
indicates the ending of Goatee beginning
of Course No_ 4 and the, point which
center line of said Saunter A Chs beginainy of Course we, 5 in the
due:.
a -SPA A^
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44..
zo DESCRrMoN
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(APPUrtePAnt to Parcel one)
y11RCEL 7oDR t
III ?he night to travel over slog and
j the former General MOrtO4 9 ups the strip of land 20 feet wide through
perty
in the Deed from G. W, Hums Pro
being the 19.12 acre tract of land described
HUMS. dated march 4 1 ��y' A Corporation to Una H. m. Cool and Dorothy
9tS, recorded June 15, 1925 in Rock the center line of 131 of
j said 20 foot strap of 1a� be1 Deeds, Page 299,
ag described as follows.
Beginning at an irons Pipe drivers on the sartherlY 1140 of said 19.12 acre tract
of land from which the fence post C-1 staff
said 29.12 acre tract of land bears Sou ng at the Northeasterly corner of
t
b 67 dog. 18 East 135,95 feet;
thence ruxmiag south SS ae
$ 3C West
t 1
0
4
.81 feet to
as irp,q pipe;
chance South 33 deg. 40' West 95.37 feet to an Iron i
P Pe:
thence South 38 deg. 14' Nest 115.63 feet to
an iron i
D
Pe'
thence South 23 deg. 30, Want 74.51 feet to an iron 1
P Pe•
thence South 31 deg. 45, Nest 90.29 Feet to an iron pipe;
thence South 26 deg. 15' Heat 330.40 test to an .iron pipe,
thence South 23 deg. s3' West 94.84 feet to
am iron pipe,
thence South 10 deg 10' west 292.56 fast to an iron pipe;
thence South 31 deg. 50' West 77.8$ feet;
and thence south 5 dig. 46F West 33.99 feet to an Southerly line of said 19.12 acre tract of land front ich
pipe standing on, the
corner-of said 19.12 acre tract of land beano Borth 87d tbe�soutbwsscerly
f
deg. 54 West 169.29 feet.
(Appurtenant to pares, one)
As appurtenant to all the property hereiriabove described, the follow3
easeftwnts s as
pAJLCxL YM i
AA easement for
utilities over tbroadcpur ones '� for the installations and
follows_ Parcel of land More maintenance of Public
Particularly described as
SC91MUA9 at an iron pipe at the Nartheasterl
lice of Redbesry Drive. as said Lot Y corner of Lat 2- on the Southerly
and Drive are shown oil that certain May
nftowd-tua'l,AA
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May-05-00 02:28am From-MEY GODNARD llP 14150513692 T-866 P 15/42 F-246
11 DESCRDMON
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encitled. "Tract $o. 409 Redberry Hille., and which Map was filed for Record in
the Office of the Recorder of the County of Santa Clara, State a for Record n
July 14, 1947 in Book 13 of Maps, at Pages 36 and 37,
running thence along the kasterly line of said Lot 1.
134.97 feet to a steel rod; South 15 deg. 52` 11" west
I
thence South 5 de 37
g- ' 53 West 95.43 feet to a Steel rod;
thence South 16 deg- 19. 19" West 149.45 feet to a 3/4 inch iron
I
Southeasterly corner of said Lot l; running Ripe at the
I
thence along the Southerly line of said Lot 1. South al „
feet CO a street rod, 57' 28 west 46.86
thence South 33 deg. 21` 50" ,~fast 36.90 feet;
thence leaving said last named line and running North 13 r "
feet; �- 54 25 16ast 368.46
thenct: on a curve to the left with a radius of 14.227 feet, through an angle of
85 deg. 30' 12" for a distance of 24.216 feet to a point On said Southerly liras
o= Redberry Drive: -
running thence Easterly along said last named line On a curve to the left with a
radius of 110_00 feet from a tangent South 73 deg- 35. 47" East through
Of 49 deg. 02' 29" for a distance of 94.15 feet to the 1 Ani an angle
being a portion of said Lot 1. point of bcgis ng and
FARM SIX.
An, aasezpent for the purposes of IAgres cad ss o
width. the center lice of zrhi BgrE "er a strip of land 6o feet in
eh is :Wore Particularly described as follows-
&ginning at the point of intersection of the center ling of overlook Drive with
the center line of Bainter Avenue, as said Drive
certaan " and Avenue arts
Nap cntitlad, Record of 18 Tlo oR that
Of a
8outli, Range 1 West, M.A.B. i p(,-� � portion p as of Section 18 Tosanahip 8
the Recorder of else County of Santa Clara, State ofeCaliforniaond for Record n the Office of
in Book 14 of Maps, at page 4, March 14. 1947
run"119
thence a1049 the center line of overlook Drive the following courses andda stances;
South 36 deg. 28' 301, west 291.QQ feet;
I
chance on a curve to the left with a radius of 127.84 feet through as angle of 5o
deg. 17• for a distance of 112.20 feet;
thence South 13 de
i 9• 48' 30" East 90.96 feet;
o+oateo-zu+.� u►
I
12 DBSCRIMON
thence South 38 deg. 45' East 121.30
feet,.
thence South 9 deg. 14, East 97.10 feet;
theaft South 27 deg. 10' West 126.58 feet;
thence South 55 deg. 34• East 128.69 feet:
thence South Z deg. 48• seat 116.53 feet;
thence South 19 deg' 59 Bast 178.20 feet;
i
thence South 47 deg- 30- west 160.12 feet:
Chance south 34 deg. 47, West 155.7 feet:
i
i 3t�eece South S dog. Sl'to We West i�4.40 feet to an irons i _
I
Pipe at the termimuapipe Of sa� cthnrx South 0 deg.
Said Basement being what is
known as Ovexlopk Drive.
per, X&V=-.
i
An easet for the
width, the center Tinge Of ae of Zngreas and Egress over a strip of lased 60 feet in
which is more Fanxc larly described as follows..
8eg14niw at the point of intersection of the
the of Records
line of I.ittieb center tine of Overlook Drive with
May of Records a= &M t rank Drive, as said Drives are shown on that certain
Cast. M-D.B. 6 M. which p isf a fiilleoinsaCtson Z6. 3'a«►nshi 8
( Book za of Maps F South. R�►nge 1
C County Records. ps at Page 31, Banta Clara
I
j cheace along than Centex lime of Littlebroo)c Drive the following course* and
distances;
South 62 deg- 02' 300 goat 170.22 feet;
thence South 6 deg. 58' 30- East 106.33 feet;
thence on a curve to the left. with a radius of 66.82 feet, through deg. 35' for a distarce of 110.30 feet] roe gb an angle of 94
theAoe North 78 deg. 26, 301, East S9.43 feet;
thaace on a curve to the right with a radius of 60
deg. 57' 30" for a distance of 139.23 feet; teed through an angle of 132
thence South 31
deg- 24' wesL 136.1+3 feat; I
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rhehce on s curve to the right with a radius of
deg. 17' for a distance of 68.56 feet;
100 feet through an angle of 39
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l
13 DESCRIMON j
thence South 70 deg, 41, W08t 41.67 feet:
thence on a curve to the left 11zth a radius .
deg. 3B' far d distance of ?8.06 feet; of ?5 feet, through an angle of 58
thence on a curve to the left with a radius of 132..78 feet; through an able of
21 deg. 02' for a distances of 55.90 feet;
thence South 9 deg- 59' past 71.73 feet;
thence South 2 deg. 28' West 179.65 feet;
thence south 6 deg- 48' 300 West 252.40 feetr
thence on a curve to the left with i r
157 deg. 40• 39* for a distance of 148�03 ge*t.us of 53.73 feese through an 4ngle Of
thane North 29 deg. 08 East 233.12 !`set:
i
thence North 42 deg, SO' 30` East 361.20 feet;
i
Ulance South 83 deg. 42' 301 last 100.00 feet; 1
1
thence North 67
3a. 11,
East 18 deg {
4,s0 feet; i
thence North ?6 deg. 41' 30^ East 210.84 feet;
I
I
thence Worth 73 deg. 20, East 336.3E feet to a one Iron pipe at the terminus of
said center line.
I
Said easement being what is known as Littlebrook Drive.
PARCEL RIGgT:
I
An easement for the purpose of width, the center Ingress and lgzess over a stripof 1
and
line of which 1s more particularly described as fooa:feoc in
i
Deginning at a 3/4 inch iron pipe set in the center lice of 8ainter Avenue at the
westerly terminus Of Course 45, as said Avg and Courses are shown ou the yap
of Glen tuna Ranch
Sta Map No. 2, on file in the Office of the Recorder of the Santa
i
Clara county, State of California, in Book ~P• of Naps, at Pages 53 and 54;
thence zunr4i
n9 along the center line of what is known as media Lane. South
36 deg, 31• Fast 61.86 fact and South 58
1roA Pipe at the terrunus of sold center line 09' West 354-64 fast to a 3/4 inch
P3yt= >bTZI�
An easement for the purpose of Ingress and
Rgmaintenance of Public utilities over 4 strip of as
GoQfeet@in�idth, the center
�-- _ _.. _ ... _ _. T,.,...rr.rv,.r— r"v+1t+ r i v�♦; __. .r"La;p '..
14 DESCRIMON
I
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i
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I
17A0 of which is more p4niculary desCribed as follows;
I
Beginning at a paint in the center line of Bainter Av=ue
84 deg. 15, East 86.20 feet tzzxn a 3/4 inch iron i distant thereon north
Courses 40 and 41, as said Avenue and pipe ashownt theUpon intersection of
entitled, "Map No. 3 of the W.S. Clal'CQaA Courses
RreChace, E Schs l=Cartas.n map
P. Dorrance Subdivision of part of the Glen Chia Ranch3szbur+g and J.
for record in the office of the Recorder of the C and which Map was filed
Califoraa,a, on February 9, 1921 lit Book "P" of ty of Santa Clara, state of
'�, at Pages 53 and 5o;
thence leaving said center line of Bainter iwenut and centariine of what as known as Ridden Drive the followi ou alongthe
ng courses sad d
i
etaaces
North 64 deg. 28' East 200.40 feet:
thence North 39 deg_ $5' East 223.77 fear
thence North 44 deq. 19• Bast 94.60 feet;
thence North 2 deg. 04' East 64.58 feet;
thence North 15 deg- 46' West 82.80 fact;
thence North 73, deg. 49• West 92.95 feet;
thence North 9 deg. 26' Fast s4.2 ,feet`
thence North 49 deg_ 10' East 77.30 feet;
thence forth 3 deg. 39` wean 59.41 feet;
i
thence on a cure! at the left with a II
dew. 35• for a distaaca of 85.9s feet radius of 161.41 feet through an angle of 34
thence North 3$ deg- 04' Nest 71.37 feet;
i
� CheAC! On a c
� urve to the right ait2t a r$cii,u$ of 54.565 feet,65 deg. for a distance of 80.9S feet to an iron pips through
as sages of
chance continuingalong ng a curve to the right tangent to the Precedih9 curve with
a radius of 73.60 feet, through an angle of 51
feet; deg. of for a distance of 65.53
I
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thence South 82 deg. 03' East 87.89 feat,
I
thence an
a curve to the left with a radius of 183.82 feet;
33 deg. 13' for a distance of 89.10 feet;
through as angle of i
thence North 64 dtg. 44. East 154.19 felt;
thence North 53 deg' 13' EaQL 104.58 feet;
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May-05-00 02:28pm From-COOLEY GODWARD LLP 14152513629 T-886 P 18142 F-246
15 DESCRIIMON
thence on a curve to the left with a radius of 124.81 feet,42 deg, 33• for a distance of 63.69 feet; through as angle of
thence North to deg. 40. Bast 49.50 feet to a
1, as aaid Lot is Shown on that certain Map entitled int on the Southerly Line of �_
Balls', and which Map was filed for record in the "Tract Na. 40! Redberry
County of Santa Clara, State of California, an Jt�lyffice1Of the Recar13 of Mate,
at pages 36 and 37,
P,AS= TIN
An e49ement for the installation and tAatint
and across a strip of land 10_0o feet 3-n wi.dedthothe Meat Of czly lliine of wine hich zadmore I
Particularly described as follows;
1
Beginning at the Soutb"=AOst eoraoz of Lot 3 as said Lot is shown
certain Map entitled, -Tract mo. 409
h 8tadbey Bills , and ,Such Bp on that
, was
record in te office of the Recorder of the county of Santa � a 'st $filed of for
calitoraia, on July 14. 1947 in Book 13 of
thence North 30 MaAS, at Pages 36 and 37, zing
deg. 3l Kest along a
distance of 259.03 feet
to art angle the Westerly line at Said Lot 3,point therein-
.
thence
continuing on nuing al the _
� esid S+Teeterl line I
Y aye o f s
aid
III Lot Northerly, North 11 deg. 06' 5?" gait 40.00 feat to the centerlinetof Redberrtion
Drive, as Said Drive is ahovn on the Map above referred Co. said strip of land
being a portion of Paid Lot 3.
FARC" SUM:
A easement for the purpose of inetallatlon and aainte4ance of f over a stripof land 10 feet in width. the Southuesterl Public utilities
Particularly described ae follows; y line of which to more
I
Bepan'ing at the Southerly CORI Mon 00ruer for Lots 3 and 4 as said Lots are sbowa
i on that certain Map entitled. 'Tract D3o. 409 Redber d Hills
or for record in the office of then Recorder of the c "r and which � way
State of California, on lttly 14, =g47 in Book 13 of ouAty of Santa C;Bra,
Maps, at Pages 36 and 37.
thence South 40 deg, 2
7' Rast 8
5„3Z feet to a
foot easement known as hidden Drive. Point on the: center line of a 60
i
The foregoing easement having been reserved in she Deed from R.V.
ux, co Phillip N. Wbit6, et ux, dated Jana
�t YY. et
Book 195o of offica.al Records. Paa 3gY Z0' 1950 recorded March 23, 1950 in
u . to Reynolds MCFi 9 and is the mead from R. V. Menu, et
Book 2852 of Officialcords•P ag ed April la, I954, recorded April 12, 1954 in
age 48.
PAX=L TMVX r
Public utility Basement 20 fe
et wide
as re
served is the Bead f
zom A.
V.
�-Wannww
I '
i
i
16 DESCR7MON
I
Mant9amtty, at ux, to Mark Cc" dated SepteMbCr 2 1949 in gook 1841 of Official Records, Pa a !79 1949' recorded September
center ling of which 8 , Santa Cl P etaber 2,
is desC�ribed as follows: axe County Records, the
Beginning at a point to the center line Overlook Drive,
deg. 34' last lz9.69 feet, South 2 deg. !S' seer 116.53 £ebtat3t thereon South 55
59• cast 178.20 feet fralp the Northa Y corner of ' south 19 deg.
conveyed by *aid Deed above referred to; the 1'89 acre parcel of laud
thence
n e
le
avi
a9 c ke center lin
e of
61.64 feet Overlook Drive and tuna and North 41 deg. Base a9.34 foes to � Nosh 22 deg- Fast
Litticbrook Drive, aaid centerline being s a Vint in the center line of
a portion of section Z8, shown an the May of Records of Survey of
book 23 of M '1'ow+sahig 8, South, Range 1 Welt. M.D.B. � M. on file in
Section
at Page 31, Santa Clara County Records,
i
PARCaZ T=2RTZXf,
Public Utility 8asrmeat 30 feet vide over the Northerly
j 2.29 acre parcel of land cc►rtveyed to R.V. Mgt Y portion of that certain
j peed dated J`uae 13, 1952, recorded 9 `�' et ux, to 'ry M. Zelter, ,
Records Page 523, Santa Clara► epce6tbar 19, 1952, in Book 2472 of Official
center line of which ens County Records, as reserved in sazd peed. the
Portion of Section 18, Township
on the Map of Record of Survey of a
on file in Hook 33 of P South, Range 1 Meat, M.D.B. & X_ which Map is
Ps, at page 31, Santa Clara County gacoz)U.
Ate, 1"0MTj=;
I I
An easetaent for the iaetallaciart and Of lead ls.00 feet in width, the ant er penance of Public utilities ever a strs described as follows: line °f which is more p
f particularly
Beginning at a 3/4 inch iron Pipe
line of 8eiater Avenue, at theat the t Fiat of intersection of the center
Course are ahown on that certain M Westerly terminus of Course 45, as said Avenue Chace, 1. Schillinga aF entitled. " of the R. S, Cl and
Ranch", which was filed or record Dvrrance Subdivision of rho��?-R.
rd in the Office o p� of Una
Santa Clara, State of Califotztia, on Feb f � Recorder of the co
Pages 53 and 54 with the center lane of rusty 9, 1921 in Book "p« of Mspscounty of j
Woadwardia Lane. as said lane is shown that 40.00 foot east known as
a
Survey of a ction of Section 18 wn on that certain Map entitled
which Map was filed for recordTownship B South. R 'Record of
is the Office of the Reecorder of
sthe Count f
Santa Clara, State of Califorrsia an April 11, i95o
SS; runn"V thence a; in .Book . atY of
said center Line of Wood 3S of grape, at Doge Bast 61.86 feet to a 3l4 inch iron 4►59dia Lame, South 36 d
the Point of pipe and South S9 deg. 09' West a.so feet tobeginning of this description;of beginning ,South 58 d S running thence from said true and South 6 deg. a9• Fast 75.00 feet; North 75 paint
Of n said ear deg. 27' 30" Raae, 30.00 fact to a g" M deg. 31 last 71.7o Zees
easement in the Southerly lute x 4 stake set at the t cony o e conveyed f terminus
a
Y® A.V. certain by Moat et train 2.Z4 acre SrY ux
26 l9 a to P e2
Paul
P of I �S4 1 re a and
ceded ,� Richards
ns 3, 19S4 in Re tug,
Book C by Dead l se era c dot
ounty Records said, casement 88 of Official Records, pa G30 8 May
haying been reserved, in said peed �e seta
-01*MA^
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17 DESCRIPTION
referred to.
PAR= nr'1zmw.
AD' EASEMENT for the installation and maintenance of public utilities over the
westerly 7.50 feet of that certain 1.17 parcel of land conveyed by R.V.
Montgomery at ", to C. AustlA Poynter. Jr., et ux, dated 3uly IS, 3954, recorded
August 11, 1954 in Soak 2935 of official Records Page 565, Santa Clara C t
Recorda, said easeuse;At having been reserved, =.n said Deed above referred eo y
PARCBL Sf7LTIi1CR:
er
AN "Soo= for the purpose of ingress and egress and for the installation of
as follows;Baas sled pipe liners over and across that certain parcel of land described
as fo 'i
SIGINRUG AT A 03TE zNC$ Iron pipe on the one-quarter section line svnAing
Nertherly and Southerly through the center of Section 1s T
thestisaA South 0 , , Township B South, Range
deg. 37, 30- NenE 1192.36 feet from an Iron pipe see West the8oAe0 Feet and ctjc'nSouth o
cover of the neater of said Section 18; thence South 0 quarter section
one-quarter section line 996.00 feet to an irOnpipe; �' 47� West 41049 saki
i4**t 51.73 feet to an iron i thence South00 deq. 47'
thence Borth 7 pipe; thence North 23 des. 52' East 144.9E feet;
deg. 38' Fast 166.75 tees: the
beginning- nce Raft 5.00 feet to the point of
I
Said esnemieAt having been reserved in the Deed from
R.V.
_
Thomas G&Ibc, et ux, dated November 30. 1953 in Book2759 of oMontfficial
I
Page 133, Santa Clara County Records, recorded Decwnber 3, 19S3.
PARCEL SS"V71;1P'rm.*
I
AN 8AS>a3'U= for is I
press and egress aver a strip of laud ao feet in width and for
widening purposes along the Easterly side of Baincer
Avenue venues and described m4 bed a: x c art'follows. particularly I
8VQ'N 1M at a point iA the Easterly line of Sainter Avenue,
ZZ_95 feet from the 3/4 i=Ych iron rod which marks the most nth nesters y c r
Of that certain 3.o2 acre
Viola At. 7 parcel 0= land eoavey#d by R,v. MOUtSOMer'y set ux. to
oynt. by geed dated January 25, 1947. recorded January 30, Z947 in Book
1430 of Official Records, page 115, Santa Clara County Records::
I
cunning thence along the Easterly line of said Bainter Avenue, the following
courses and distances;
I
South 29 deg. 23• Sant 39.65 feet,
I
South 58 deg. 47' East 111.90 feet.
South 23 deg- 13' West 88.47 feet and
1
28 DESCRIPTION
9auth 3 deg. 17' Eaat 102.S1 feetj
thence leaving the side line of Sainter
20.06 feet; Avenue and running South 88 deg. 38• East
thence running parallel to and 20 feet dlataAt frcaa the Easterly line of aaiAter
Avenue the fvllovirrg ease and distances,
North 3 deg. 171 West 99.42 feet,
North 23 deg. =3 East =01.24 feet,
North 58 deg_
T
4r Rest
I23.94 feet a.Ad
North 29 deg. 231 Rest 22.S4 feet;
running thence due West 22.95 feet to the
Point of
beginning,
said to. eaaeent
having
be te res
erved erved in the Deed to Viola At_ s
O
yr►t a2�cve
ref ersei
FAitCgy BZQ$'fRIN:
An eaganKmt for 'Agrees and Sgreas over a strip o wi f
dewing purposes al t e land 20 feet in
along the SouGherl Width for
road
more3 particular y azsd Easterly lines
1y described as follows. of 8a4nter Avenge: and
Seginn3ng at a peaint is the Easterly 11r1e at minter )►
9- 38' seat 20.07 feet from the iron °• distant Eou_ 88
of that certain 6.1 acre tract of l pipe which ssar3ca the$ mo:t Rea=terly evzaer
Joseph, C. Roasotto, et ux, and caaveyed by R.V. Montgomazy et ux, to
ati Hook 1465 of Official Records,
dated Marcb, 24, 1947
page 107 r retarded Karorris; 28. 1947
9 Santa claw County Records;
ruuaiAg =hence South 88
deg_ 381 East 20.07 fecti
thence South 3 deg. 17. Raat 53.52 fact;
i
thence North 73 deg. 37• west 18.53 feet;
I
thence North 27 deg. 20, Vast 27.67 feet;
thence South 73 deg. 37,
West 9.26 feet and
thence North 3 deg. 17• West 26.75 feet to the point of beginning,
said eaaemaAt having been reserved in acid Dead to .Toe
above referred CO: Joseph C. Rossctto
: et ux,
Pam= JITMBTX=s
AN easement for the purposes of ingrasas and Zga:eas and for the z natalla.1on and
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May-05-00 02:32pm From-COOLEY GODNARD llP 14159513699 T-996 P 23/42 F-246
19 DESCRI:P'I ON
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maintenance Of public utilities
11 the following described parcel of 1and,
Reginning at the point of intersectioA of the Southerly lime of 8aintar Avenue
with the Westerly line of that certain Z.eo acre parcel of land con Montgomery et WG, to 0"- A. Davis. at uu II dated December _0Y� 7by
, R.V.
recorded December 15, 1947 in Rook 1639 of official Records, pa .9 194
Clara County Records; page 595, Santa
runaing thence along the said Southerly line of 8ainter Avenue. IRortb 73 deg. 20�
East 135.20 fact;
thence South 66 deg_ so' East 121.10 feet to the intersection therof with the
Easterly line of said 2.80 acre parcel 0f land;
zluuiiag thence South 2 deg. 25' hest along said last named line 11.09 fees:
thence running North 66 deg- 58' Nest 222.28 fast and South 73
143.40 feet to the Said Westerly line of said 2.90 acre parcel o9lsad: West
thence along said last named line North 33 deg. 04. 4S" East 15.47 feet to the
point of beginning.
Said easement referred to. having been reserved in said Deed to aeo. A. Davis. at uR, above �
pJ►1tC3Gt ��
An casement for the purpose of Ingress and Egress and f
maintenance of or the Insatallation and
public utilities over the following described parcel of laud;
8egiunflj at the Point of intersection of the Westerly line of 8ainter Avenue
wiC4 the Southeasterly lime of that certain 2.10 acre
A.V. parcel
i eat a of lens
e �
9� t r'y. ux, to Ralph Burrell. at conveyed �ux
Recorded by Deed elated February 27, 1948,
April 7, 1948 fA Book 1S93 of Official Records, a county Records page 389 of Santa Clar a
RU=taq thence along the Westerly and Southerly lines of aainter, Avenue the
following courses sad distances:
Diorth 9 deg. 20, heat 76.2a toot,
North 17 deg. So' 8a8t 117.90 feet,
North 0 deg. 1S' East 16.03 feet,
North 61 deg. 15' West 26.33 feet,
I
North 80 deg. 13• West 47.81 feet,
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North 74 deg. 30, West 166.47 feet and
1�[Riq..i2R.A+M
➢"Y Y. 14v
a o IDE.SCRIMON
I
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North 19 deg. East 49.19 feet to the
easterly ling of Overlook Drive-
rU=In9 tbenCe along the Easterly line of Overlook brive
West 35.73 feet: , South 36 deg. 28, 30"
thence on
a curve to the left with a radius of 97.H4 feet, through an aWla of 3S
deg. 30' 304 for a dzetance Of 26.48 feet;
thence leaving said last named "d ZU=i
South so deg. 15' East 46.63 feet, SauchF6 South 74'd� 30• east 282.79 feet,
deg' 15' Neat 8.53 feet. South 37 �' 15 last 16.72 feet, South 0
Raft 90.60 feet to the Southeasterly lice,cfesaidlla�� feet and South 9 ,
�9• 2 0
the PoiaC of beginning, named line 14.83 feet to
Said easemeat havzn been
4 reserved in said Deed to Ralph aurrell. et ux, abo'c
referred to.
P -CM:
An easemnt for the puzgoae of Z
maintenance of Public utilities over sthe follos and wing
d4 for the Parcel
lobs and
;n9 described parcel of land;
B"inning at the point of intersection of
too feet y R- with the Westerly line Of thatthe cceertain12.58�ac Of re 8aiater AveAue
conveyed by R.V. Montgomery, et ►:x, to Jo Parcel of land
August 21, 1951, recorded September hn F. arayev"Ch, et al, by Deed dated
gage 620' Santa Clara C*%=tYY R COrd3; 1951 la Book 2280 Of Official Records,
i
thence along the Southerly line a! 8aiutar, AveA the fallowi
distances; ng courses and
North 83 deg. 46' Sai.st 301.79 feet,
i
North 57 deg. tact .151.30 feet,
!forth 86 d
i Qg- 30' taBC 86.4H feet,
f south 64 deg, 15' Beat 31.44 feet.
I
Sant$ 47 deg. 30. Seat 35.46 feet,
South 59 deg- 30' East 1o5,e7 feet and
South 25 d
incersectzo�q thereof south
with the eg.
land; 30' Hest 66.02 feet to the
easterly Line of said 2_g8 acre
Parcel of
runs=ng thence South 46 deg. 12, West along said Iasi tamed lies 5
thence North 35 deg. 30• x 6.5E feet:
ast 100.62 feet;
thence North 59 deg, 30► Nest 89.64 tact;
Do
csao-:�ro*nj�.
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zl DESCMIMON
thence forth 47 deg. 30, West 34.62 feet;
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thence North 64 deg. 15' West 23.28 feet;
thence SOULD 86 deg. 30, West 16.00 fear;
thence South 5*7 deg, west 150.80 feet;
thence South 63 deg. 46' West 107.88 feet to a point on the Westerly line of said
2.58 acre parcel of land;
rw%nibg thence Norrh 2 deg. 25, West a2oug said last named lice 20.04 feet to the
Point of beginning.
Said uSsement having been reserved in said Deed to John p. gra ich above rcrferzed to_ Y�v et al,
pawn 'Z'1elM"1'1'-2M0t
An easement for the purpose of Ingress maintenance of public utilitiea over the and
itr*ss and for the installation and
fcllowiW described strip of land=
A strip of land 10 feet Fade lying westerly of and adjacent to a line
as follows: described
Beginning e9 nning at an iron pipe set in the center line of that certain
way known a SD s L#tL a foot �1 00>ar right ook Drive,
bt o
�I ve 9 f
' BhOwA on the !Ap Of Record of Survey of a
Meridian,
, Section is, Township 8 South. Range 1 West, Mount Diablo Base and
Meridian, which Map is on filed in Book 25 of Maps,
9 .
distant along said center line South 6 deg. 48 3p* hest F3 005fe$andandzng
Southeasterly along the arc or a curve to the left hav
ing t t a angeat to the preceding course AS radius of 53.99 feat
distance
of 5
8.8
9 huh an angle of i2 d+�. 44' atu3
feet, from the Southeasterly Cornea of as arc
parcel of land conveyed by R.V. Mont � � that Cereals 1.52 acre
dated November 2, 1953, recorder X Montgomery, , ux to Mark Cox, et vac, by yew
Records at page 119. 8astta Clara r 10, 1953 in Book 275S of Official
Cowaty Records.
thence from said point vt begi { lea
Drive, south 7 deg. 5s' West l0l.65 fact ng to an iron pipe);said center lute of Litelebrook
thence South 7 deg. 45, $sat 96.90 feet to an iron pipe;
pe;
and thence South 1 dog. l0' item e0.00 feet to .-� i�
temznus of said line, said strip of laud being P'PsEasterly
at the feet
they
acre parcel of land the Easterly to feet of the 1.41
epCed from parcel No. l heraivabove described.
Also the right of way and all rights and
and brachan $. Beckwith, her husband co 0.pw. Rums granted by Sarah A. Beckwith
dated September 6, 1912 recorded September 19, 1922 i�} the Office goon, y Deed
Recorder of the County of Santa Clara, state pf County
e
Califd
13 rnia
page 2 in Bo
ok
k
393 of pew
o�cwa-itiam nq
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22 DESGR rPnON
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F-xcepting from parcels six and Seven C23at
Parcel Otte above. Fortio,a tying vichia the bounds of
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oe�o-ur�•r►i N► �
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May-05-00 02:35ma From-COOLEY GODWARD LLP 14159513690 T-886 P 2T/42 F-246
Psi i
Order No: 840203 LK y0WRd- 5039868 '
At the date h+.7s0E
fors:designated ott"f'10 wvcrof dF in addifim to the p�cd g�Pt�s and$ds:g.is tb,policy
POP RV=w W be as fouov*v.
A 1. Taxes for the fiscal
Year 2000-2001, a 11ea not yet payable.
a 2. General and Special Taxes and Assem;&vm ,t:s.
1999-2000 of any, for the fiscal year I
Assessment No. :
510.27-033 I
Code No. : 60-023
Pirst installment: $6.23 Delinquent penalty $0.82
second Zrsstallmmt: $e.23 Delinquent Penalty $10.82
Assessed valuation of
Personal Property. NoNg
Homeowners exemption: Shone Shown
c Said matter affects: Parcel Two
n 3. A Tax default for Genez-4, special,
Supplemental and Subs
equ=t Delinquencies for the fiscal year 1,99s-97, 1997-98, 1994-99
Aaseasment No. ; 510►27-033-00
Taxing Authority: COUVrY TAX COLLECTOR
A==t to pay on or before May 31 a000 Y is 1
S l 4 50
and an
or
30, before. 2000 zs $11S.Z3 JuAe
a
Said teat .
ter affectsc. P
areex Two
4. General and Special Testes and A&xessments,
1999-2000 If any, for the fiscal year
i
AsseSeMent No. .. 510-28-012
Code No. ; 60-013
First: Installment; $13.401.38 Del
inquent Second .installment: $13,401.38 Delinquent Peasal� $1,340.13
Assessed valuati= Of y $1,3S0.13
Personal property: 310M
Homeowners Exemption; $None shown
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e Said matter affects: Port:L= of Parcel Oise
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x 5. Supplemeutal Tastes for the fiscal year 1999-2000 assessed pureuant to the
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�•tiafSt/YTe�
it
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_ _ _ - _,- - -I v & r 1-V
p4P 2 ScxMDULE J3
Ordw No: 840203 LM (continued)
Your Rd- 6039868
Provisions of Chapter 3.5 (commencing with Section 75)Taxation Code of the State of California. of the Revenue and
Assessors Parcel NO. : S10.28-012-81
First Installment: $6,907.87,
Delinquent Date, DeliyeAt Penalty $690.76
Second IAetallmen December 10, 1999
$6,907.67, Deling"rlt Penalty $700.76
Delinquent Daze: April 10, 2000
z Said matter affects: Portion of Parcel One
0 6- A Tax default for General, special, Supplemental Delinquencies for the fiscal and S�sequent
1995-96, 1996-97, 1937-98. 19 9 991991-42, 1992-93, 19g3-94, 1994.95,
Assessment no. ; S10-28-012
Taxing Authority: COUNTY TAX CO=CTOR
Amount to pay on or before May 31,Sune 30, 2000 1e $116,228.70 200o is $115,304.66 and on or before
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= Said matter affects: Portion of Parcel one
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s 7. A Tax default for General, Special,
Delinquencies for the fiscal year 19890e =a1 and subsequent
I
( Assesament NQ. : 510-28-012-61
I Taxing Authority: COUNTY TAX COj CTOR
� Amount to a
30, 2000 is f1�03r5Sbefore Kay 91, 2000 is $2,794.39 and on Or before Juan
a Said matter affects: portion of Parcel One
w 8. A T&X default for General, SPecsal,
Delinquencies for the flseal year 19eq-90 eata2 and Subsequent
89-90
Assessment No. : 510-28-032-71
Taxing Authority: COUNTY TAX CO=CTOR
Amount to pay oa or before May 31, 2000 is 56,92g.6S and on or before June
30. 2000 is $6,965.63
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May-05-00 02135PM From-COOLEY GODWARD LLP 14152513699 T-896 P 29/42 F-246
PaF 3 SMEDIJU B
(Confluied)
C)rdtt NO: $40203 LM
YOW Rr-F 603986@
Said matter affects: Portion of parcel One
9- General and Special Taxes and Assessments, if any,
1999-2000 for the fiscal year
Assessment No. ; 517-16-009
Code No. : 60-000
First Installment, $62-75 Delinquent Penalty $6.97
SCCOAd Installment: $69.75 Delinquent peZi<y $16-97
Assessed valuation Of
Personal property, WON3
"O"'Ouners SMMPtion, Shone shown
Q Said matter affects: VOrr;6Q4 of parcel one
a 10- A Tax default for Qmergl, Special. Supplemental and 'Subsequent
Delinquencies for the fiscal year 1991-92, 1392-93, 1993-94, 19.94_9
1995-396, 19396-97, 1397-90, 1998-99
Assessment NO- : 517-16-009
Taxing Auchora'ty- COUNTY TAX COLLECTOR
Amount LO P&Y an or before My 31, 2000 16 $1,477.(,Q
30, 2000 Is $1,069.47 and on or before June
Said matter affects: Portion of parcel One
T 11- The Lien of Supplemental Tams, if &4y, &Uoesg*d pursuant to t
Of Chapter 3.5. (commencing with Section R
75) of the he provigioAs
Cads Of the State of California. svenus and Taxation
12. Right of the Public to use as & Roadway 60 much of said law that lien
within the boundary lives of Canon Drive,
Drive and Over Drive. winter Avenue, Little Brook
V 13- Any adverse claim based upon the assertion that
(A) "Some portion of Wald land has been created by artjfjcj&l means or has
accreted to Ouch portion so created"
113) "Some portion of said land has been brought within Che boundaries
the"Of by an 4vuls've movement Of San Tomas Creek. or has been formed by
accretion to any such portion."
W .14. Such riSht& and GANeuveAza for navigation and fishery which MY exist over
Pale 4 SCHMULE B
Ord"Nw 840203 LN (COUfluucd)
YOU Rd 6039868
that portion of said land lying b"64th the waters of San Tomas Creek
Is- The right to take all water f%V" the San Tomas Cre
benefLt Of J.'s. Clayton i *JL as reserved for the
A the Deed to R.v. Montgomery,
March 01, 1$45 In Book 1244, page 362 of Official RC..rda Ot ux, recorded
Y 16, An Agreement, affecting said land, for the lNrp*ge2. stated here,u.the terms' Co"fan" and conditions therein,Ons referred
Parties named herein between than
Far: Agree to furnish water, construct gW maintain
a" Install electric transmission I,.,, for theroads
Dated: benefit CC the lands
Not disclosed
Executed By: R.V. Montgomery. and ]Ztbel 2- Montgomery, UL3 Wife, and
.7. Thom" GeozVe And Bernard Z. porrer
Record"; July 26, 1946 in Rock 3.364 at Page 313 of Official
Records
And by an instrument
Recorded March 28, 1947
Records in Book 1462 at Page log Official
And by art instrument
Recorded; Decefter 15, 1947 in Book 1540 at page I Official
Records
And by an -instrument
Recorded! April 7, 1940 in Sock 1393
Records at Page 391 official
And by am 4natrument
Recorded: September 2, 1949 in Book 1041 at P
Records 49C 481 Of
And by as Instrument
MITIGATION MONITORING PROGRAM
ADDITION TO EL SERENO OPEN SPACE PRESERVE
INTRODUCTION
This mitigation monitoring program(MMP)describes the mitigation monitoring process for the
project,the Addition to El Sereno Open Space Preserve. The MMP also describes the role and
responsibilities of the Midpeninsula Regional Open Space District(the District) in ensuring the
effective implementation of the mitigation measures the District adopts.
The Midpeninsula Regional Open Space District is an independent special district, with an
elected board of directors, formed to acquire,preserve, and maintain open space. As a special
district established under California's Public Resources Code (section 5500, et seq),the
Midpeninsula Regional Open Space District is a public agency. The California Environmental
Quality Act(CEQA), in Section 21081.6 of the Public Resources Code, requires a public agency
to adopt a monitoring or reporting program when it approves or carries out a project for which a
Mitigated Negative Declaration has been adopted. The Midpeninsula Regional Open Space
District sponsored and acted as lead agency in the preparation of an Initial Study and Mitigated
Negative Declaration that assessed the possible environmental effects of the acquisition of 258.91
acres to expand El Sereno Open Space Preserve. As required by Section 15097 of the CEQA
Guidelines, the lead agency for the Mitigated Negative Declaration remains responsible for
monitoring implementation of the mitigation measures in accordance with the MMP.
The purpose of this mitigation monitoring program is to ensure that measures adopted to mitigate
or avoid significant environmental impacts in the Mitigated Negative Declaration are
implemented. The Midpeninsula Regional Open Space District views the monitoring program as
a means of incorporating the mitigation measures for its acquisition to expand El Sereno Open
Space Preserve into this project. With the exception of one, all of the mitigation measures set out
in the Mitigated Negative Declaration -- including those required by CEQA and those not
required by CEQA--will be included by the District as a condition to any subsequent disposition
agreement for land associated with a replacement water system (see below), as described in the
staff report,dated May 10, 2000, to the Board of Directors of the Midpeninsula Regional Open
Space District.
PROJECT BACKGROUND
The project sponsor and lead agency for the Mitigated Negative Declaration, the Midpeninsula
Regional Open Space District (District), proposes to expand the approximately I 152-acre
El Sereno Open Space Preserve with the acquisition of 258.91 acres of land located on the slopes
Mitigation Monitoring Program for the Addition to
El Serene Open Space Preserve ESA 2(X)216
MIT, ON MONITORING PROGRAM
of El Sereno in unincorporated Santa Clara County. The acquisition consists of three parcels:
two contiguous parcels with a total area of 258.81 acres and a noncontiguous 0.1-acre parcel.
The site includes an existing water system that supplies several off-site residential parcels in the
Montgomery Highlands area, northeast of the project site. Most of the residential parcels have
easements to the project site in order to be provided water and road mainte6ance. Under the
terms of the purchase agreement, the District is required to assume any easement obligations that
exist to provide water and road maintenance to certain adjacent parcels. As a part of the project
and because the water system is in need of repair, the District would contribute$800,000 toward
replacing the existing system. The homeowners will quitclaim to the District all easements
related to the water system. The replacement water system and the land occupied by the water
tank and any underground pipes on the site would eventually be transferred to the San Jose Water
Company to own and operate. The project site would remain closed to the general public.
In accordance with the California Environmental Quality Act(CEQA), the Midpeninsula
Regional Open Space District prepared a Mitigated Negative Declaration that evaluates the
potential environmental impacts of the 258.91-acre acquisition. In completing the Initial Study
process,the District determined that the project would have potentially significant impacts in the
following areas:
• Aesthetics;
• Air Quality;
• Biological Resources;
• Cultural Resources;
• Geology and Soils;
• Hydrology and Water Quality;
• Noise;
• Transportation/Tr'Affic.
In the instances where the environment could potentially be significantly affected by the project,
appropriate mitigation measures were identified for adoption. Each of the identified impacts can
be mitigated to avoid the impact or to reduce it to a less than significant level.
The Midpeninsula Regional Open Space District also determined that, although the impact of the
project would be less than significant, the District would require additional mitigation measures
in the following areas,even though such a measure is not required by CEQA:
• Geology and Soils (Mitigation Measure GEO.2);
• Public Services (Mitigation Measure FIRE.1).
Midgafion Monitoring Program for the Addition to
El Sereno Open Space Preserve ESA 200216
- - - -------
40
MITIGATION MONITORING PROGRAM
MITIGATION MONITORING TABLE
Implementation Oversight
Impact Mitigation Measure Responsibility
Responsibility Timing
AESTHETICS
VIS.1: The replacement water tank VIS.1: The District shall require that the area surrounding The District and/or the San Jose Senior This mitigation
may appear visible from lower the replacement water tank,to be located 200 feet north of Water Company,and all private Acquisition measure shall be
elevations and could result in the existing water tanks,be replanted with native trees and entities that contract with the San Planner,District included by the District
disruption and discontinuity to the plants that together form visual walls around the outside of Jose Water Company to design as a condition to any
existing panorama of scenic vistas the water tank to lessen the tank's visibility. and/or construct the replacement disposition agreement
visible from the project site,near water tank. This mitigation measure for land associated
the project site,or from more shall be included by the District as a with a water system
distant locations. Lffiti Zation Measure Rcquired by the Districtl condition to any disposition that replaces the
agreement for land associated with a existing water system.
water system that replaces the The landscaping shall
existing water system. be included in the
drawings and
specifications for the
replacement water
tank.
VIS.2: The District shall require that the replacement The District and/or the San Jose Senior This mitigation
water tank,to be located 200 feet north ofthe existing Water Company,and all private
Acquisition measure shall be
water tanks,shall be submerged below grade,to the extent entities that contract with the San Planner,District included by the District
possible. Jose Water Company to design as a condition to any
and/or construct the replacement disposition agreement
water tank. This mitigation measure for land associated
Witigation Measure Required by the Districtl shall be included by the District as a with a water system
condition to any disposition that replaces the
agreement for land associated with a existing water system.
water system that replaces the
existing water system,
Mitigation Monitoring Program fur the Addition to
CRI110 Olsen.pack. lem-1W SA 2(X)216
MITI, tON MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
As the lead agency under CEQA,the Midpeninsula Regional Open Space District is required to
monitor this project to ensure that the adopted mitigation measures are implemented effectively.
,,The District will be responsible for ensuring full compliance with the provisions of this
monitoring program and has primary responsibility for implementation of this monitoring
program, although it is permitted to delegate this responsibility to other public agencies or private
entities. The purpose of this monitoring program is to document that the mitigation measures
adopted by the District are implemented.
MITIGATION MONITORING PROGRAM
The table attached to this program presents a compilation of the Mitigation Measures in the Initial
Study and Mitigated Negative Declaration. The purpose of the table is to provide a single
comprehensive list of mitigation measures, implementation,oversight responsibility and timing.
DISPUTE RESOLUTION
SO UTION PROCESS
The Mitigation Monitoring Program is expected to reduce or eliminate many potential disputes.
However, in the event a dispute occurs, the following procedure will be observed:
Step l: Disputes and complaints (including those of the public) shall be directed first to the
staff designated by the Midpeninsula Regional Open Space District(the District)for
resolution processes:
Senior Acquisition Planner
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-2404
The staff will attempt to resolve the dispute.
Step 2: Should this informal process fail, the District staff may initiate enforcement or
compliance action to address the deviation from the proposed project or adopted
Mitigation Monitoring Program.
Ste : If a dispute or complaint regarding the implementation or evaluation of the
Mitigation Monitoring Program or the Mitigation Measures cannot be resolved
informally or through enforcement of compliance actions by the District staff, any
affected participant in the dispute or complaint may file a written complaint with the
District Board of Directors. Such a complaint should be addressed to:
President, Board of Directors
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Mitigation Monitoring Program for the Addition to
El Sereno Open Space Preserve -3- ESA 200216
MITIGATION MONITORING PROGRAM
Implementation Oversight
Impact Mitigation Measure Responsibility Responsibility Timing
BIOLOGICAL RESOURCES
610.1: Based on a March 2000 810.1: In order to avoid potential impacts to nesting raptors,a The District and/or the San Jose Water Senior Acquisition This mitigation measure
no-disturbance buffer zone shall be established around active
biological reconnaissance survey of Company,and all private entities that Planner,District shall be included by the
the project site,potentially suitable nests during the breeding season. If construction activities
P J P Y contract with the San Jose Water District as a condition to
habitat was detected for nesting and/or activities related to removal of the existing tanks are Company to construct the replacement any disposition
raptors. Human disturbances from scheduled to occur during the breeding season,pre- water tank. This mitigation measure agreement for land
construction activities could construction surveys of all potentially active nest sites within shall be included by the District as a associated with a water
temporarily alter nesting behavior 0.5 mile of the affected project routes would be conducted in
P Y g condition to any disposition agreement system that replaces the
and may contribute to a loss of areas that may potentially have nesting raptors. If
Y construction activities and/or activities related to removal of for land associated with a water system existing water system.
reproductive potential at active nests that replaces the existing water system. Prior to any construction
located near the project routes. the existing tanks are scheduled to occur during the non- activities related to
nesting season,then no surveys would be required. If surveys replacement water
indicate that nests are inactive or potential habitat is system,if construction
unoccupied during the construction and/or tank removal is to begin during the
period,no further mitigation would be required. If active breeding season,a
nests are found,the District shall require establishment of a buffer zone will be
500 foot no-disturbance buffer around the active nest. established by a
The size of individual buffers may be adjusted based on an
qualified biologist.
evaluation of the site by a qualified raptor biologist. The
evaluation would be based on the presence of topographical
features that obstruct the line of site from the construction
and/or tank removal activities to the nest or observations of
the nesting pair during construction based on the level of
ongoing disturbance(e.g.,existing site traffic)and the
observed sensitivity of the birds. Site evaluations and buffer
adjustments would be done in consultation with the local
CDFG representative. The portion of the project route that is
within the designated buffer would be identified in the field
by staking and flagging. If tank construction activities and/or
activities related to removal of the existing tanks occur only
during the non-breeding season between August 31 and
February 1,no surveys are required.
To avoid effects on active nest sites,tank removal,restoration
and tank installation activities may not occur within specified
buffer zones during the February i to August 31 breeding
period,or until it is determined that young have fledged.
Implementation of these measures would reduce potential
project impacts to nesting raptors to a less-than-significant
level.
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[Mitigation Measure Required h the District
S 9 y ] �
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Mitigation Monitoring Program for the Addition to ESA 200216
?I Sereno Open Space Pm.iervc -6-
1
MITIGATION MONITORING:PROGRAM
i
Implementation
entation
p Oversight ;
Impact Mitigation Measure
P
g Responsibility Responsibility Timing
AESTHETICS(cont.)
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VIS.3: This District shall require that the outer walls of The District and/or the San Jose Senior This mitigation
the replacement water tank,to be located 200 feet north of Water Company,and all private Acquisition measure shall be
the existing water tanks,shall be painted with non- entities that contract with the San Planner, District included by the District
reflective paint,in a color that blends wi
th rth the surrounding Jose Wa
ter Comp
any an to design g as a condition P Y to an g
landscape. Y
p and/or construct the replacement disposition agreement
water tank. This mitigation measure for land associated with
shall be included by the District as a a water system that
[Mitigation Measure Required by the District condition to any disposition replaces the existing
agreement for land associated with a water system. Non-
water system that replaces the reflective exterior paint
existing water system. for the replacement
water tank shall be
included in the
drawings and
specifications for the
replacement water tank.
AIR QUALITY
AQ.1: Construction of the AQ.1: The District shall require implementation of The District and/or the San Jose Senior This mitigation
replacement water system would BAAQMD basic control measures to control dust during Water Company,and all private Acquisition measure shall be
conflict with or obstruct excavation and construction activities. entities that contract with the San Planner,District included by the District
implementation of the Bay Area Jose Water Company to design as a condition to any
Air Quality Management District's [Mitigation Measure Required by the District] and/or construct the replacement disposition agreement
(BAAQMD)BAAQMD CEQA water tank. This mitigation measure for land associated with
Guidelines. shall be included by the District as a a water system that
condition to any disposition replaces the existing
agreement for land associated with a water system. Prior to
water system that replaces the any excavation or
existing water system. construction activities,
the BAAQMD basic
control measures will
be incorporated into the
project.
Mitigation Monitoring Pmgmm for the Addition to I SA 2(x)216
F1 sereno Open Spade Preserve -5-
MITIGATION MONITORING PROGRAM
Implementation Oversight
Impact Mitigation Measure Responsibility Responsibility Timing
CULTURAL RESOURCES
CUL.1: The proposed project CUL.1:This mitigation measure shall he included by the The District and/or the San Jose Senior This mitigation
would require limited excavation District as a condition to any disposition agreement for Water Company,and all private Acquisition measure shall be
and clearance associated with land associated with a water system that replaces the entities that contract with the San Planner,District included by the District
removal of the existing water tanks existing water system. The District shall require that in Jose Water Company to construct the as a condition to any
and construction of the replacement the event human skeletal remains are encountered,the replacement water tank. This disposition agreement
water tank. Archaeological project sponsor will immediately notify the County mitigation measure shall be included for land associated
resources have been identified on Coroner. Upon determination by the County Coroner that by the District as a condition to any with a water system
other nearby District lands. the remains are Native American,the Coroner shall disposition agreement for land that replaces the
Although unlikely because of the contact the California Native American Heritage associated with a water system that existing water system.
location,the project could Commission,pursuant to subdivision(c)of section replaces the existing water system. Immediately upon
potentially result in the 7050.5 of the Health and Safety Code and the County discovery of the
unintentional uncovering of human Coordinator of Indian Affairs. If artifacts are found on the resource,all work in
remains. site,a qualified archaeologist shall be contacted along with the area will cease.
the County Planning Office. No further disturbance of the
artifacts may he made except as authorized by the County
Planning Office.
[Mitigation Measure Required by the District] I
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CUL.2: Paleontological resources CUL.2:The District shall require that if, in the course of The District and/or the San Jose Senior This mitigation
have been identified in Santa Clara, excavation activities related to construction of a new water Water Company,and all private Acquisition measure shall be
and the project includes areas that tank,including any trenching or excavation associated entities that contract with the San Planner,District included by the District
are part of ancient slides. with installation of new water pipes on or near the project Jose Water Company to construct the as a condition to any
Excavation activities would take site,and activities related to the removal of the existing replacement water tank. This disposition agreement
place in areas that have not been tanks,paleontological resources are found,all work shall mitigation measure shall he included for land associated
surveyed for paleontological cease immediately,and a qualified archaeologist or by the District as a condition to any with a water system
resources. paleontologist shall be contacted along with the County disposition agreement for land that replaces the
Planning Office. No further disturbance of the associated with a water system that existing water system.
paleontological resources shall be permitted except as replaces the existing water system. Immediately upon
authorized by the County Planning Office. discovery of the
resource,all work in
the area of the
[Mitigatior:Measure Required by tke District] discovery will cease.
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Mitigation Monitoring program Im the Addition to ESA 200216
HI Sereno Olen Space Preserve $_
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MITIGATION MONITORING PROGRAM
Implementation Oversight
Impact Mitigation Measure Responsibility Responsibility Timing
BIOLOGICAL RESOURCES(cont.)
i
1310.2: Rased on a March 2000 i310.2:To protect potential breeding bats, pre-construction The District and/or the San Jose Senior This mitigation �
biological reconnaissance survey of surveys and avoidance measures will be implemented. Water Company,and all private Acquisition measure shall be �
the project site, potentially suitable Tree removal to accommodate the tank site will not occur entities that contract with the San Planner,District included by the District
habitat was detected for federally- between May 1 and September 15 to avoid impact during Jose Water Company to construct the as a condition to any
protected bats. Human the reproductive season of bats. If clearing is to occur replacement water tank. If clearing disposition agreement
disturbances from construction during the reproductive season,a general survey for bats begins during the reproductive for land associated
activities could cause bats to and bat roosts within the project area will be conducted by season,a qualified biologist will with a water system
abandon their roosts and could a qualified biologist prior to construction to verify bat conduct a survey to verify bat that replaces the
result in reproductive failure. absence. If the survey indicates the potential presence of absence. This mitigation measure existing water system.
sl)ecial status breeding bats,the results will be coordinated shall be included by the District as a Prior to any
with the Region 3 office of the CDFG and suitable condition to any disposition construction activities
avoidance measures will be developed. Tank removal,site agreement for land associated with a related to the
restoration and/or construction activities will observe Water system that replaces the replacement water
buffer zones of at least 100-feet from active bat roosts. existing water system. system,if tree removal
is scheduled to occur
between May 1 and
[Mitigation Measure Reguired by the Dirtrictl September 15,aqualified biologist will
verify the absence of
bats and bat roosts
within a 100-foot
radius of the
construction area.
Mitigation Monitoring Progrmn for the Addition to ESA 200216
to Sereno Open Space Preserve -7-
MITIGATION MONITORING PROGRAM
Implementation Oversight
Impact Mitigation Measure Responsibility Responsibility Timing.
GEOLOGY AND SOILS
GEO.1: Preliminary geotechnical GEO.1: The water tank design shall comply with site- The District and/or the San Jose Senior This mitigation
investigations for the water tank specific recommendations for seismic design criteria,as Water Company,and all private Acquisition measure shall be
indicate that the tank would be provided by the project geotechnical engineer,the seismic entities that contract with the San Planner,District included by the District
located on bedrock,chosen for its design requirements of the California Building Code, Jose Water Company to construct the as a condition to any
ability to landslides and policies of the Santa Clara County General Plan,the replacement water tank. This disposition agreement
groundshaking better than nearby recommendations of the County Geologist,and the mitigation measure shall be included for land associated
sites. However,the geotechnical requirements of the Santa Clara County Environmental by the District as a condition to any with a water system
investigations have not been Resources Agency. The geotechnical analysis shall disposition agreement for land that replaces the
finalized,and the site is located in a include site-specific analysis of groundshaking,peak associated with a water system that existing water system.
seismically active area that could ground acceleration,and co-seismic hazards,including replaces the existing water system. The geotechnical
generate severe groundshaking liquefaction, lateral spreading,and densification requirements will he
during an earthquake. settlement. The report would include specific included in all
recommendations for foundation design to accommodate drawings and
the earthquake hazards,and any additional seismic specifications for the
requirements for maintaining adequate fireflow,within an replacement water
acceptable level of risk. system prior to the
execution of any
disposition agreement
[Mitigation Measure Required by the District] related to the
replacement water
system.
G,E.0.2: Ground-disturbing GF02 The District shall require preparation and The District and/or the San Jose Senior This mitigation
activities, including removal of' implementation of a Storm Water Pollution Prevention Water Company,and all private Acquisition measure shall be
vegetation,could temporarily cause Plan(SWPPP)for the project site with mitigation entities that contract with the San Planner,District included by the District
increased water runoff rates and measures included to control accelerated erosion and Jose Water Company to construct the as a condition to any
concentrated flows and may cause sedimentation that would avoid the impacts due to soil replacement water tank. This disposition agreement
accelerated erosion,with a erosion. mitigation measure shall be included for land associated
consequent loss of'soil by the District as a condition to any with a water system
productivity. Mitigation Measure disposition agreement for land that replaces the
HYDO.I would provide an [Mitigation Measure Discretionary But Required by the associated with a water system that existing water system.
adequate mitigation measure to District] replaces the existing water system. SWPPPs must be
reduce any potential construction- submitted prior to the
related erosion and sediment commencement of any
transport. The hazard would construction-related
therefore be deemed low,and less activities for the
than significant. The following replacement water
measure is added to further assure system.
protection from any construction
activities relating to the proposed
replacement of the water tank.
Mitigation Monitoring Program for the Addition to
F.1 Screno Open Spice Preserve -9- ESA 200216
MITIGATION MONITORING PROGRAM
Implementation Oversight
Impact Mitigation Measure Responsibility Responsibility Timing
HYDROLOGY AND WATER QUALITY
HYDRO.1: Construction of the HYDRO.1:The District shall monitor all construction The District and/or the San Jose Senior This mitigation
proposed replacement water system activities associated with installation of the replacement Water Company,and all private Acquisition measure shall be
could induce erosion and gullying water system,including the roadways used for truck entities that contract with the San Planner,District included by the District
due to the steeply sloped area and activity associated with construction. Applicable best Jose Water Company to construct the as a condition to any
the exposure of disturbed soil as management practices(BMPs)for stormwater replacement water tank. This disposition agreement
part of the water tank construction management and erosion control will be implemented mitigation measure shall be included for land associated
and trenching necessary to install according to site-specific conditions to reduce erosion and by the District as a condition to any with a water system
water lines. sediment transport. All destabilized areas will be disposition agreement for land that replaces the
controlled through applicable BMPs and stabilized associated with a water system that existing water system.
following construction. BMPs to be applied to reduce replaces the existing water system. Monitoring of
erosion and sedimentation and will conform to standards stormwater
of the California Storm Water Best Management Practice management and
Handbook for Construction Activity. The District will erosion control
ensure that a construction monitor will be in place to programs during pre-
implement appropriate BMPs and take corrective action if construction activities.
further BMPs are warranted. Post-construction monitoring
of the water tank area,roadways,and all pipelines
corridors will be implemented to monitor for potential
erosion of previously disturbed areas during the first storm
season following construction.
[Mitigation Measure Required by the District]
NOISE
NOISE.1: The proposed project NOISE.1:All contractors constructing the replacement The District and/or the San Jose Senior This mitigation
would include construction near water system shall comply with the County Noise Water Company,and all private Acquisition measure shall be
sensitive receptors at levels in Ordinance to reduce the impact of the construction entities that contract with the San Planner,District included by the District
excess of standards established in equipment noise and any associated groundborne Jose Water Company. This as a condition to any
the Santa Clara County General vibration. mitigation measure shall be included disposition agreement
Plan or noise ordinance,or other by the District as a condition to any for land associated with
applicable standards. [Mitigation Measure Required by the District] disposition agreement for land a water system that
associated with a water system that replaces the existing
replaces the existing water system. water system. Prior to
any construction work,
the County Noise
Ordinance will be,a
provision of any
contract.
Mitigation Monitoring Program for the Addition to ESA 200216
Sereno Open Space Preserve _10-
MITIGATION MONITORING PROGRAM
Implementation Oversight
Impact Mitigation Measure Responsibility Responsibility Timing
NOISE(cont.)
NOISF.2: All contractors working on the replacement The District and/or the San Jose Senior This mitigation
water system shall muffle or otherwise control all Water Company,and all private Acquisition measure shall be
construction equipment and trucking operations with a entities that contract with the San
high noise potential,as feasible. New equipment shall be Planner,District included by the District
Jose Water Company. This as a condition to any
used whenever possible. All construction and trucking mitigation measure shall be included disposition agreement
equipment should be inspected at periodic intervals to by the District as a condition to any for land associated
ensure proper maintenance and hence, lower noise levels. disposition agreement for land with a water system
associated with a water system that that replaces the
[Mitigation Measure Required by the District] replaces the existing water system existing water system
Prior to any
construction work,the
provisions to muffle or
control all equipment
and trucking
operations with high
noise potential,the use
of new equipment
when possible,and the
requirement for regular
inspections will be
provision of any
construction contract.
PUBLIC SERVICES
FIRE.1: The project site would be FIRE.]:To facilitate firefighting activities in the project The District. Operations Immediately upon the
adequately protected by the two fire area,the Open Space District shall document all roadways Manager,District close of escrow,the
stations located near the project and paths on the proposed project,and provide maps of the District will provide
site,by the addition of fire hydrants site to the Santa Clara County Central Fire Protection maps to the
near the site,and by the District District and the California Department of Forestry 's Alma Santa Clara County
rangers. Although there would be Station. Central Fire Protection
no significant impact to fire District and the
protection services as a result of the California Department
project,the following mitigation [Mitigation Measure Discretionary But Required by the of Forestry's Alma
measure would further lessen the District] Station.
need for additional firefighting
protection for the project site.
Mitigation Monitoring Program for the Addition to ESA 200216
El Serena Open Space Preserve
MITIGATION MONITORING PROGRAM I
Implementation Oversight
Impact Mitigation Measure Responsibility Responsibility Timing
TRANSPORTATION/TRAFFIC
TRAF.1: A temporary increase in TRAF.1:Prior to construction of the replacement water The District and the San Jose Water Senior This mitigation
traffic could occur as a result of system,removal of the existing water tanks,and Company,and all private entities that Acquisition measure shall be
construction vehicles associated restoration of the area where the existing water tanks are contract with the San Jose Water Planner,District included by the District
with the construction of the now located,a construction schedule,a plan for Company for work associated with as a condition to any
replacement waters stem and maintaining access by residents and delivery trucks to
P Y the replacement water system. This disposition agreement
removal of the existingwater tanks. local roads,and a parking plan for construction-related
vehicles and construction workers'private vehicles must mitigation measure shall be included for land associated
be submitted to the District. In addition,all property
by the District as a condition to any with a water system
disposition agreement for land that replaces the j
owners in the impacted area must be provided with copies associated with a water system that existing water system.
of the proposed construction schedule and parking plan. replaces the existing water system Before construction
commences,the
[Mitigation Measure Required by the District] San Jose WaterCompany will meet
with the Montgomery
Highlands Association
to work out a
construction schedule,
circulation plan and
parking plan for
construction-related
vehicles and workers'
vehicles.
i
Mitigation Monitoring Program for the Addition to ESA 200216
F1 Sereno ONn Space Preserve -12-
May-05-00 02:36cm From-COOLEY GODWARD LLP 14159513692 T-826 P 31/42 F-246
pap 5 SCHEDIns $
014CrNo; 860203 T.A4 y1mitaf. 6039868
Recorded: March 23. 1950 In Bask 1949 at Page 269 Olticial
soAnd by an instrumentRecordp
Recorded: March 23, 1950 in Book 19$0 at page 29 Otf,icl&l
Records
a' Azad by an instrument
Recorded: March 23, 1950 is Book 1950 at gaga 39 0£liaial
Records
ao And by an laatt
Recorded:
6egtember 5 1950
art Book 2047 at page 576 Official
Records
i
I
And by an 3natrnt
1
Recorded; Septemb*v 111 1951 =u Book 2280
Records at gage 624 Official
l
AS And by an instrument
Recorded.
August 19, 1952 in Book 2472 at page 52S official
Recorda
I
i
AAd by an instrument
Recorded: Jude 29, 1963 za Book 2573 at Pa
Records 9e 369 Official
And by an iuscrument
c I
Page 6
SCJWDLILE
(continued)
0rdtTNQ- 640203 LN
Yoesc Rd' 60398cs
Recorded.- November 10, 1953
Records is Sock 2755 at Pago 116 Official
Arid by an instrument
Recorded;
APtil 12, 1954 zn UOOk 3832 at
Records page 51 official
AN
And by an instrument
Recorded. June 3, 1934 14 Book 2896 at: Page 628 official Records
aw And by an zaxtxw"At
Recorded: August 11, 1954 in Book 213S
Records at Page 564 Official
27 And by an inatrument
Recorded;
Recorbd
Octoer 21, I977 in Book DQ3
4 at page 68,2 Official
s
17' An ea@emeztt affecting the Portion of said land and for
herein, and incidental purposes, the Purposes stated
14 Favor Of:For: Joseph C. Rospotto sad Adele S. Rossotto,
Recorded: Ingr9sa and egress His Wife
March 02, 1947 in back 146S
at Page 107 official
Affects: Records
As
III
S"'Uning at 4n iron pipe at the Mont sour�heAstlwly career Of the 45.1 acre
tract Of land described in said Deed and running rZI
line Of said s-I acre tract of land Rest
Scut thence along the Southerly
63-83 feet to an iron Pipe; thence
-h 40 feet; thence Rest 63.63 feet;
84*t 63'83; and thence Worth 40
and thence North 40 feet to the Point of feet; the...
,,,,,
may-05-00 02:37ps From-COOLEY G4D'ARO LLP 14150511699 T-996 P 33/42 F-246
Pap 7 SCHEDULE B
(Coadnued)
ardor No: e4o203 ZM
YoW Rat 5039868
i
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u Said matter affects: 90reel One �
I
AN 18. An easement affecting the portion of said land and for the purposes stated
herein, and 2ncldeatal purposes,
I
In Favor of: L. Richard Rome
ror. Ingress and egress and for the iAstallation and
masACCUAnce of public utilities
Recorded: JUDe 03: 1255 in Book 3189 at page 270 Official
Records
Affects: As follows-
ac A strip of land 10 feet vide, lying Easterly Of and adjacent to a tine
described as follows!
Beginning at an izon pipe set in the center line of that cgrcain 60 foot
right of WAY known as Litzlebzv" Drive, as shown OR the �p of ReOord of survey of a portion of Section is. Towrdhzp • South, Range 1 hest, Mount
Diablo Base and Meridian, which Mmp is On filed in Book 25 of Mapa. a0 page
55, and being distant along said centerline of South 6
a1 ee' 30' Went13S.00 feet and Southeasterly �9 the site of a curve to the left haviaq a radius of 53.79 feet tangent to the preceding course, through an
62 deg. 44' an arc distance of $8.9 fast from the sOutheseBrly cOxAelr of
that certain 1.52 acre, parcel of land convsys4 by B.V. nr
Mark Cox, by Deed dated November 02, 1953 and Taco gomery at ux, Co
rded Movewber 10, 1953 in
Book 275S, Page 119, official Records Of Santa Clara County: Chance from
said point of beginning leaving said center line of Littlebrook Drive South
7 deep. 55• west 2a9.55 feet to an iron pipe; thence South 7 d
98.90 feet to an ixOn pipe; and thence South 1 . 10' West S0 60. 45' Boat
as iron00 feet to
pipe at the Southerly terminus of said line.
ar Said matter affects: parcel one
AZ 19. An easement affecting the portion of said land and for the purposes stated
herein, end incidental ,purposes,
rA Favor Of.- Pacific tkts and Eletric Coetpaay
For: Pipeline
Recorded: October 5, 1972 in Book 0o55 at page 2#6 official
Records
Affects: That portion of parcel 1 wxthin Overlook prive
I
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"J 20. Land Conservation Agreement with the County of Santa Clara,
Executed BY: COuAtY Of Santa Clara and Montgomery
ghlands Company
(A Partnership) Michael Bluhm, Paul �Silkworth,
Chester S,ilkwotth and Mas.ian Silkworch
�wcgro
rv�..
I
Page a SCTMDULF 'B
Ofd=NQ- 040203 (continued)
— LN YoW StIt 6039866
Recorded: February 27, 1975 In Book 8297 At pale 389 of Official
Records
49 Said matter affects: That portion Within ABXOB*Dra Parcel MO. 517-%6-9
AN 21. An caseme r affecting
herein, and iacidaUtatpUarPPQQs`etBiO,n Of said land and for the Purposes
stated
In Favor of..
For; General TelephoneCOUV4ny Of California, a Corporation
C
o
mmu
n
i
c
a
tion facilities and electric energy
Recorded- transmission
January 20, 1982 in Book OS63 at Page 229 Official
Affects: Records
An Follows:
40 A xtrAV Of land 10 test In width and tWO strips .1 fact
in width lying
within that portton Of land more P&rticularly "scribed in ,
Dead recorded October is, 1979, hat certain
405. official Records of Santa C1146ttuMeAt NO. 6532922, Book E674, Page
Ara Co=ty.
That Portion of
real property I land is More pazt'eularlY d*Bcr
P e ibed As being within that
&baled arcl GA& of the aformantioned peed_
;ripm of land are the center lines Of the Gewraj
The
center"ne of said or
1011%*Ons Company pole line and afth.rs as
constructed 98 staked in the they exist Or Will be
agreed by the Second party_ field by waWlOreaO Of the first party eng
The "n"zlift Of said to foot strip Of
as follows; laud is more p
ar
t
i
cu
l
a
r
l
y deacr
ibed
09"'alng at the polut On the boundary of said Parcel,
also the sou said point being
t4emilterlY corner of that certain 6.1 acre parcel of land shown
'04 this XaV thereof entitled, "Record of Survey Of a portion
BS' R' ZW' M-D'" IB-, Santa Clara County, Calif.
MontgaMery", Of 9CCt- 14, T.
and filed for record in BoOk 14 of X,,PrQ.P.C.rt.Y..0f
Clara county Recovdal thence from Said point of b094. ing, al
SOUCherly Prolm"c"On of the Center An Ong chs
MSP, S. 34 409. 431 14a W. S. lice of Overlook Drive as
24 409- 47 V" record) BhOWA on said
cem'Aus Of $914 centerline_
184.00 feet cc the
Said Matter affects: Parcel One
22. An ea"Manc 4ffect'US the Portion Of Maid land and for the Purposes stated
h6ralA. and 1AcjdCAt&l purpose@,
% Favor Of; Alla Sava Kills,
For: IngrOts. egress. 32OPe construction and Mai,
flay-05-00 02:38ta From-COOLEY GODWARD LLP 14150513692 T-096 P 35/42 F-246
Past: 9 SCHMULE 8
(continued)
Ofd"No: 040203 LM
Y otu Ad 6039868 �
and public utilities
Recorded: November 13, 1980 in Book P728 at Page age 81 official
FAffects; That, 'portion of Parcel One described as follows:
An PARCEL ONx
A non-exclusive easement appurtenant to parcel No. 1 he
for ingress and teinabove described n9 egress and the construction and maintenance of public
utilities reserved in the geed from R.V. "OutTmazy, et yx, recorded June
03, 19951 Hook 3189, official Records, page 210, over all that
portion
those 60 foot right of way known as Overlook Arive and Littlebrook Drivef
extandizig fromTwo
Painter Avenue
from Parcel tw to the aforesaid Parcel No. 1. txceptiag
o all that portion lying within parcel One above.
PARCEL TWO
An easement appurtenant to parcel No. 1 bsreinabove described for
A" egress and the Installation and maintenance of )agrees
reserved in the Dead from R.V. Moat oma et recorded
utilities i
g
=Y ux
r i'eco riled
Book 3189 Of ie" June 03, 1995
f x .
al R
Rec
ords,r ds, page 2?0, over the fall
owing strip of lands:
A xtrt of land 10 P feet wide, 2Yz Easterly
describe a n9 y of and adjacent co a 1' i
d S o 7.ne
follows!1Zows
Beginning at an iron pipe set in the center line of that certain
right of way known as Littlebrook Drive60 tact
survey of a rrion o shows as the of Record of
P4 f Sectio
n 1$, Township 8 south,
1 andb a Sale and Meridian, which Map is on file is Book 25 of Maps. Paget5s.
and being distant along said, centerline South 6 deg. 401 30• West 135.00
3feet and Southeasterly alaatg the arc of a curve to the left having a radius
of 5 .79 feat tangent to the prec@&ng course,
441 as arc distance land 58.8
through as angle of 62 deg,
1.52 Parcel 0f conveyed
co feat, frog: the Souch"sterlY corner of hurt
nveyad to Mark Cox et �,
10, 1963, Book 2755, Official Records page by Deetbenood recfrCMjorded November
beginning leaving said centerline of Littleb aak Drive, 5vuths'id point of
Neat 109.55 feet to an iron, pipes thence South ? 0.9 feet
to an iron Per and thence South 1 , - 95� east 9 n I feet
pipe at the Southerly te="= of saidd line. Beat 80.00 feet to an iron
PARCEL TES
� I
An eaaertneut for Ingress and egress, slope construction and maintenance and
i for public utilities over, Nader, and through that certain parcel of real
property situated in the County of Santa Clara, State of California, said
parcel being more Particularly described as follows:
Beginning at a point in the ceaterline of Littlebrook urive
road, being the point of intersection of said ccatexl� with a h Cprivate
he atterly
I "
f
I
I _ _
Page 10 5GHMULE $
(caAtfuucd) ,
Order Ncr. 840203 LN
you Rut 6039668
114e of that certain Land of it. of land as shown on the Map entitled,
"Record of 6usysy of Land of it. and Ethel Montgomery of s portions of
sectioA 18, T. 5 S. , R. 1 Fla M,b,M, & a, Coupty, California" dated My a.!;,1955 and filed for record on June 96, 195S, in Book S8 of Maps at Page 48
Santa Clara CODUty reoardsi thence frouu said
Easterly line, along the $astheZ point of beginning slang said
said 1.45 acre Y pralougatien of the Southerly line of
parcel of lazed N. 66 409. 41, R. iS.OS feet
said prolongation N. Old t thence Zsaviag
eg. 10' E. I12.26 feet to a point, thence m. 11
deg. Z7, 43" W. 68.34 feet to a point, thence tlortg a line parallel to an
distant Easterly, ocaasured at right angles, 15.00 feet
line of said 1.4
5 acre Parcel'
N. 07 from said 8astsrlr
in the Centerline of said Littlebrook Drive, thence along feet to a iAe
On a curve to the right having a radius of 53.79 feet p 9 said cgent whj e
bears N. 7 16 a
2 deg. 45 34M H. through a central tangent �+hich
a distance of 15.80 feet to the point of beg. angle o! 16 deg. 50' 04° for
AS 23. An easement afteeting the
Portion Of said land. the exaar oc
li cannot be ascextaiz�ed of record, an p�
d for the l arson thereof
iacidental purposes,
purposes stated herein, and
In Pavor of: Midpeninaula Regional
For;ax. oA*n Space District
Recorded: Access
July 1 i
0
993 '
Sn AoOk Me" at pag* 0056 of official
Records
24. The herein refer
red to property appears to be free and clear ofsy
of Trust or Mortgages. Please confirm if this is the oast. Deeds
AV 25. water Rights, Claims or Title to Kater. are
whether or not the matters
shown by the public record.
I
4Y 26. Any easements not dssclooed
by! conatruetive notice which are those Public records which mart
of the surface of said land. not visible and apparerst froac as Snapectian
i
AN 27. Acsy facts, rights, interest or claims which a �orreet sure
� ey would show. �
MM OF St7MDULZ g
I
"Y ROT3: 1 : Title of the veates herein was a
six months frOm the date hereof. fired by deed recorded prior to
"j ATE 2 8ffeceiv�s March L, i9?9, t
for NOT records here will be an ad8itio"l
ug a deed with a legal description other than an $
10.00 fee i
recorded final map- If tb*re are any qu6Stione satire lot in a
Officer or title officer. pl®ass call your escrow
04 I+TOTE 3 It a 1970 ALTA
Owners or tenders or 197s ALTA Lea3ehold Owner's
now
i
May-05-00 02:41pm From-COOLEY GODWARD LLP 14159511609 T-896 P 3T142 F-246
page 11 SOMDULE $
(continued)
Ord"No: 840203 IX Ycmt Rtp 5039868
or Lender's policy forts has been reVeSted, the policy, whca approved issuanc z ed o e, will be endorsed to add the follOwi o for
Coverage contained therein: n9 to the Pacclusioas From
Loan policy &xclussoa.
Any claa.m, which arises out of the transaction creating the interest of the
m9rt2age insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is
based on: i
til the transaction creating the deemed a fraudulent conveyanc interest of the ineuted ttlortg a9 eo being
e or fraudulent transfer; or
(ii) the Subordination of the interest of the insured mortgagee as a
result of the application of the doctrine of stable subordination;
or
(iii) that transaction creating the interest of the insured mortgagee
deemed a preferential transfer except where the being
result preferential transfer
s fr
om the fa
ilure;
ilure.
i
tat to tiM41Y record the instrument of transfer; or
{b) of
such recordation to impart Mice to a
a Purchaser for value or
judgment or 2iea creditor.
Ovners Policy Exclusion:
Any claim, Which axssea out of the transaction vesting in the insured, the
eetatr or interest insured by this poll
federal b t �'. by reason of the operation of
that is bassed on; state insolvency, or similar creditors• rights laws,
tt) the transaction creating the estate or interest by this
deemed a fraudulent conveyance or policy being
Y fraudulent transfer; or
(ii) the transaction creating the estate or interest ins
policy being deemed a preferential transfer except Where by s
preferential transfer results tram the failure:
(a) to timely record the instrument of trattster; or
(b) of such recordation to impart notice to a Purchaser for value az
a judgment or lsen creditor.
as DOTE a Short Temp Rate
I
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Pages 12 S B LD ULE
(coCkda Nu: 840203 LM
YM ROL 6039868
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►�ay-05-00 02:42am From-COOLEY GODWARD LLP 14159513699 T-696 P 39142 F-246
Ordcr No: 840203 - Lid Yosr Rai: 6039868
As part of the settlemn't of a class acKaa Lawsuit,we are required to place this notMeation is all
Preliminary reports:
I
IF YOU BOUGHT, SOLD OR RPFINANM A IJOMU (RPSIUEN'ITAL REAL
PRt7PERT'Y) IN CALTFCJFOR q
�
P1 X' AS8 READ TH.t? WINBETW DULY 1, 1989 AND MBRUARY 28, 1997,
Pursuant to a Sc`tdeutcut Agreement is a loss action lawsuit filed in the Su
L01 Att94, County, a settlement agreement has been entered into that �°T Cpersourt for
who
bought, sold or refinanced residential real property in the State of California ty provides
y�j 1989
and February 28, 1997, with certain rights, If you are such a person,and
escrow transaction with Chicago Title Cu: you aTe now engaged ui an
mpany, Gatcway Title Company, &aefit Land 'Tale
Con
parry or Fidelity National Title Insurance Company,you have the fob
If one of these companies previously haudW a residential escrow transaction for you that
iwolved residential real propcM in which a mortgage,p��ry note,or similar debt inatruaunt,
repaymeut of which was"brad by a duly recorded deed of trust, was folly pad, satisfied or
discharged and a reoxunveyance of that deed of trust was executed and waa delivered to one of
Title companies for recording but was inadvertently not recorded,you have those
the
relaasc of obligation or reconveyanm be recorded in a to request that a
Agreement. with tlu terms of the Settlement
To obtain this rigbt you must:
(1) Establisb to the sadsfacdon of the title compau
between July 1, 1989 and Fe y tisat You act�y closed an escrow
insurance u:0 � 28, 1997, which was handled by one of the above_
utpanies, in which a pracaissorY note,or similar debtlismd uric
d rcc ittstrunlueat or
ded secured
a
�Y deed of trust
"'as�y Paid, sausfied or do 'd
d
tryst sc:harge and a recon once was ex '�Y of that execu
ted and was deed of
delivered for recordation to the title co
chat handled
transaction. Proof of n3' ed the '
sand aeon shall be made by a � l�
report, title insurance policy or a paid escrow invoice whkh identifi�� ��prior d�
taut;and
(2) Request in writing the record'rccordinS of a that oat inadvertently had not been veyance or release of obligation in the event
handled by One of The above-mated title
�p�_re recapcorded u= the +escrow, transaction previously
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ATTACHMENT - 5
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AGREEMENT
This Agreement is made and entered into by and between the Midpeninsula Regional
Open Space District, a Public district formed pursuant to Article 3 of Chapter 3 of Division 5
oQhe California Public Resources Code (hereinafter "District") and certain property owners,
holding record title to real property (hereinafter "Signatory Landowners") that is in the
immediate vicinity of certain parcels of land that District is interested in acquiring in fee.
RECITALS
WHEREAS, Signatory Landowners are the owners of certain real property located in
an unincorporated area of Santa Clara County (hereinafter "Signatory Landowners Parcels").
The Signatory Landowners are more particularly identified by name and Assessor's Parcel
Number in the signature blocks listed in Exhibit A hereto which is incorporated by this
reference; and
WHEREAS, the District was formed by voter initiative in 1972 to acquire, hold, and
manage lands for the preservation of open space and the protection of environmental and
ecological resources and values; and
WHEREAS, the District has acquired an option from Wallace Krone and William
Bishop, (Trustees) U/T/A dated March 2, 1989 (herein "Sellers"), to purchase certain real
property located in an unincorporated area of Santa Clara County, commonly known as
Assessor's Parcel Numbers 510-27-033, 510-28-012 and 517-16-09 (hereinafter "Sellers'
Parcels") and more particularly described in Exhibit B, attached hereto and incorporated
herein by this reference; and
WHEREAS, Sellers Parcels are burdened with:
(1) a water system in need of repair which system provides domestic water service
to certain of the Signatory Landowners' Parcels and others and which, should
District acquire Sellers' Parcels, would require the District to assume the burden
as successor owner of the system to continue provision of domestic water
service to the Signatory Landowners and others; and
(2) certain easements, covenants or other rights which would require the District,
should District acquire Sellers' Parcels, to provide a certain level of domestic
water service to certain of the Signatory Landowners' Parcels; and
(3) certain easements or covenants which would require the District, should District
acquire Sellers' Parcels, to maintain Hidden Drive, Caflon Drive (formerly
known as Bainter Avenue), Overlook Drive, and Little Brook Drive (hereinafter
collectively referred to as the "Roads") in a "passable" condition; and
WHEREAS, District does not desire to own, operate, or maintain a domestic water
system, and also desires to remove said easement and covenant burdens from Sellers' Parcels,
and Signatory Landowners desire to relieve District of said burdens in consideration of
receiving a greater benefit than such easements, rights or covenants currently provide, by
securing a reliable, permanent and high quality domestic water system and fire suppressant
capacity from a Class A water system; and
WHEREAS, Signatory Landowners are willing to release District from any obligations
District might have by virtue of said easements, rights or covenants to repair or maintain the
Roads; and
WHEREAS, San Jose Water Company, a California public utility in the business of
providing domestic water (hereinafter, "SJW") has indicated a willingness to assume the
responsibility of providing domestic water service to the Signatory Landowners' Parcels if
certain improvements are constructed; and
WHEREAS, to achieve each other's objectives, the parties hereto have expressed a
willingness to enter a binding, mutually beneficial Agreement, providing, inter alia,:
(1) for monetary and land contributions from District to SJW, and monetary
contributions from Signatory Landowners to SJW, for the design and
construction of a replacement water system consisting of a main extension with
special facilities that when completed will serve the Signatory Landowners'
Parcels; and
(2) for a separate monetary consideration from District to each Signatory
Landowner:
(a) to provide interim assumptions of responsibility by Signatory
Landowners as agents for District for the continuing operation, minor
repair, maintenance, monitoring and reporting for the existing water
system (exclusive of the pumps) on Seller's Parcels until the replacement
water system is completed and SJW has taken over the ownership and
operation of the new system; and
(b) Signatory Landowners will provide to District Quitclaim Deeds of the
easements, rights and covenants each may hold, by deed, contract,
prescription or otherwise, regarding Sellers' Parcels obligation to
provide a certain level of water service, and road maintenance for the
benefit of the Signatory Landowners' Parcels.
NOW, THEREFORE, in consideration of the mutual promises, acts, and covenants herein and
for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
410 Page 2
C7-
1. Conditions Precedent.
District and Signatory Landowners agree that the obligations of District and the
Signatory Landowners to consummate the transactions described herein and to close
Escrow is contingent and conditional upon the satisfaction of the following conditions
precedent:
A. District shall have closed Escrow upon and acquired fee title to Seller's Parcels; and
B. No less than twenty (20) of the Signatory Landowners shall have executed this
Agreement herein. This condition precedent is solely for the benefit of District. In
its sole discretion, District may elect to waive this condition precedent. No such
waiver shall be effective unless it is in writing.
2. Mutual Promises and Covenants.
A. District Covenants. Should District purchase Seller's Parcels, District shall
contribute the sum (herein, the "Cash Contribution") of Eight Hundred Thousand
and No/100 Dollars ($800,000.00) as its share of the estimated One Million-Five
Hundred Thousand and No/100 Dollars ($1,500,000.00) cost for the design and
construction, to current codes and applicable standards, of a replacement and
upgraded domestic water system, consisting of a main extension with special
facilities including fire suppression capacity, a replacement water storage tank and
pipeline distribution system (all of which shall be referred to herein as the "Water
System") to serve the Signatory Landowners' Parcels, by placing said sum into the
Escrow opened pursuant to Section 4 hereof, with instructions to release said Cash
Contribution for the purposes and on the conditions set forth herein. Further,
should District acquire Seller's Parcels, District shall convey (herein, the "Land
Contribution") in fee, Assessor's Parcel No. 510-27-033 (herein, the Pump House
Land), as well as an area, not to exceed one acre (herein, the Reservoir Land),
together with an easement for an access road, from Assessor's Parcel No. 510-28-
012 to SJW. The location of the Reservoir Land will be approximately 200 feet
north of the existing water tanks. The precise metes and bounds description of this
Reservoir Land and easement will be determined by survey and in good faith by
District. Both such parcels shall be subject to restrictions on future development.
Further, should District acquire Seller's Parcels, for use during construction of the
Water System if needed by SJW, District shall provide a soil disposal site and
access thereto upon Seller's Parcels. Further, should District acquire Seller's
Parcels, District shall deposit into Escrow the sum of Twenty-four and No/100
Dollars ($24.00) for the purchase of the Burdening Easements, Covenants or Other
Rights - Domestic Water Service and the Burdening Easements, Covenants or
Other Rights - Road Maintenance as more particularly set forth in Section 3(A)
(referred to herein, collectively, as the "Individual Payments"). The Cash
Contribution, the Land Contribution and the Individual Payments, shall constitute
the entire contribution required of District in full and complete satisfaction of
District's obligations (should District acquire Seller's Parcels), as successor owners
to operate and maintain the domestic water system; to provide a certain level of
Page 3
domestic water service to certain of the Signatory Landowners' Parcels and to
provide road maintenance for the benefit of Signatory Landowners' Parcels and in
exchange for which Signatory Landowners have agreed to the covenants and
conveyances set forth in this Agreement.
B. Signatory Landowners' Covenants. Should District acquire Seller's Parcels, and
have placed said Cash Contribution and said Individual Payments into Escrow, the
Signatory Landowners and District, within thirty (30) days thereafter, shall execute
a Main Extension Agreement with SJW for the design and construction of the Water
System to serve the Signatory Landowners' Parcels. The Main Extension
Agreement shall provide that SJW shall accept and use the District's Cash
Contribution and Land Contribution solely for the purpose of design and
construction of the Water System in conformance with this Agreement. The Main
Extension Agreement shall also provide that the Signatory Landowners shall pay
SJW the balance, to the extent the final balance exceeds $800,000, due for payment
to SJW for the costs of design and construction of the completed Water System.
C. Joint Covenant. Once the Water System is constructed, accepted, and operated by
SJW, District and Signatory Landowners agree to fully cooperate, using their "best
efforts" to the extent allowed by law, in making an application to the California
Public Utilities Commission for an Order or Resolution authorizing a deviation from
the utility's Rule 15 Tariff provisions applicable to subsequent applications for
water service for such additional customers, if any there be, as may be served by
SJW from such Water System. In the event that such an Order or Resolution is
granted, any funds reimbursed to any party hereto shall be divided 53.33% to
District and 46.67% to Signatory Landowners to the extent provided by law.
3. Purchase Price - Burdening Easement and Covenants
A. District. Should District acquire Seller's Parcels,, District shall pay each Signatory
Landowner identified in Exhibit A under the category of "Domestic Water Only"
or "Domestic Water and Road Maintenance", for his/her Quitclaim of such
easement(s), covenant(s) or other right(s) which would require the District, should
it acquire Sellers' Parcels, to provide, inter alia, a certain level of domestic water
service and/or a certain level of repair and maintenance of the Roads pursuant to
Signatory Landowners' deed provisions, the sum of$1.00 (One Dollar) by placing
said sum into the Escrow with instructions to release the funds for the purpose and
on the conditions set forth herein.
B. Signatory Landowners. Should District acquire Seller's Parcels, each such
Signatory Landowner with such easement, covenant or other right shall deposit into
said Escrow a fully executed and recordable Quitclaim Deed releasing to District,
all rights, titles and interests in such easement(s), covenant(s) or other right(s), that
would require District to provide a certain level of domestic water service and a
certain level of repair and maintenance of the Roads to such Signatory Landowner.
The Quitclaim Deeds shall permanently relieve District of any obligation to operate,
Page 4
repair, maintain, monitor or report on the existing or newly constructed Water
System and District shall have no further obligation with regard to such system(s).
4. Escrow.
A. The p4rties intend that an Escrow be promptly opened at North American Title
Company, 335 North Santa Cruz Avenue, Los Gatos, CA 95030 (hereinafter
"Escrow" or "Escrow Holder") through which the transactions contemplated
herein shall be consummated.
B. District shall deposit into Escrow the sum of Eight Hundred Thousand and
No/100 Dollars ($800,000.00) as the Cash Contribution to be paid to SJW; the
sum of Twenty-four and No/100 Dollars ($24.00) as the aggregate Purchase
Price to be paid in equal shares to up to twenty-four (24) individual Signatory
Landowners, at the rate of One Dollar ($1.00) each for the Burdening
Easements/Covenants - Domestic Water Service and Road Maintenance
Quitclaim Deeds as described in Section 3(B) hereof and a counterpart original
of the Main Extension Agreement described in Section 2(B) herein executed by
the District.
C. Within 30 days of the opening of escrow, the Signatory Landowners shall
deposit into Escrow a counterpart original of the Main Extension Agreement
described in Section 2(B) herein, fully executed by no less than twenty (20)
Signatory Landowners and SJW. Signatory Landowners shall also deposit into
said Escrow fully executed and recordable Quitclaim Deeds, quitclaiming to
District all right, title, and interest in the easements, covenants or other rights of
the Signatory Landowners requiring a certain level of domestic water and road
maintenance from Seller's Parcels for the benefit of the Signatory Landowners'
Parcels, as set forth in Section 3 herein.
D. Escrow shall close when the parties hereto have deposited the Cash
Contribution, Individual Payments, Main Extension Agreement duly executed
by Signatory Landowners, District, and San Jose Water, and a grant deed for
the pump house land duly executed and notarized by District, and Quitclaims as
herein required of each which shall be no later than July 1, 2000. District shall
also deposit a fully executed Certificate of Acceptance for the Quitclaim Deeds.
E. The following conditions shall apply to said Escrow:
i. District shall pay the Escrow fees and all recordincly, costs and fees.
I
ii. 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, close Escrow.
♦ Page 5
iii. Upon the Closing, Escrow Holder shall cause to be delivered to SJW the
Escrow Holder's check for $800,000.00, and shall record the duly executed
grant deed for the Pump House Land.
iv. Upon the Closing, Escrow Holder shall cause to be recorded in the Official
Records of the County Recorder of Santa Clara County, and delivered to
District, the original Quitclaims.
v. Upon the Closing, Escrow Holder shall cause to be delivered to the Signatory
Landowners, Escrow Holder's checks for the Individual Payments for the
Quitclaims, and to District or Signatory Landowners, as the case may be, all
other documents or instruments which are to be delivered to them. Any portion
of the Individual Payments that are not hereunder required for payment to
Signatory Landowners for Quitclaims shall be returned to District.
vi. 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. Escrow Holder shall return all monies, documents or other
things of value deposited in the Escrow to the party depositing the same: 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. Interim Repair and Maintenance of Existing Water System. Should District purchase
Seller's Parcels, and immediately upon District's deposit into escrow of the District
deposits enumerated in Section 4(B) herein, and pending SJW's completion of
construction of the Water System, Signatory Landowners shall assume the operation,
minor repair and maintenance (exclusive of the pumps), monitoring and reporting for
the existing system on the Sellers' Parcels until the Water System is completed and SJW
has taken over the ownership and operation of the Water System so that the existing
system can be abandoned. District shall have no obligation to repair, maintain or
operate said system in the interim pending completion of the Water System excepting in
the event of that major repairs are necessitated by the an unforeseen circumstance, such
as pump breakdown, or a natural disaster and which are immediately necessary in order
to continue to provide domestic water to the Signatory Landowners' Parcels.
6. Existing Road System. Should District purchase Sellers Parcels, Signatory Landowners
shall, upon close of Escrow, immediately assume full responsibility for any obligation
presently burdening Sellers' Parcels to repair or maintain Hidden Drive, Canon Drive
(formerly known as Bainter Avenue), Little Brook Drive and Overlook Drive and
Page 6
District shall have no responsibility or obligation to undertake such repair or perform
such maintenance then or in the future, except as set forth below.
Notwithstanding the foregoing, District will share in proportion to its use the cost of
maintaining in repair any right of way over any portion of the Roads District may hold
as an easement owner, pursuant to Civil Code Section 845. Further, nothing in the
foregoing shall alter any obligation District may have as a fee owner of Sellers' Parcels,
if any obligation there be, to contribute to repair or maintenance of any portion of the
Roads which are situated upon Sellers' Parcels.
7. Defense of the Agreement. Signatory Landowners shall cooperate with and assist
District without cost or expense to Signatory Landowners, once Escrow has closed, the
Water System is completed, and SJW has assumed ownership and operation of the
replacement Water System, in defending against any legal or administrative proceedings
brought against District arising from this Agreement.
8. Covenant Not to Sue. Signatory Landowners hereby covenant and agree not to initiate,
participate in or encourage any legal or administrative challenge or lawsuit in any
forum whatsoever relating to or arising out of District's actions in entering into or
implementing any provision of this Agreement including, but not limited to, entering
into any further or future agreements with other persons or entities which, in the sole
discretion of District, are deemed necessary or convenient to carrying out the purposes
of this Agreement. Nothing in the foregoing shall be construed to, nor is intended to,
limit any legal or equitable remedies any party hereto may have to enforce the other
party's obligations to fulfill the obligations and covenants it has undertaken in this
Agreement.
9. Miscellaneous.
A. Transfer of Ownership. The rights and obligations conferred or imposed upon the
parties hereto pursuant to this Agreement shall not be transferred or assigned to any
other person or entity except together with the sale or assignment of a party's respective
interest in a Signatory Landowner's Parcel that is subject to this Agreement. Any party
hereto transferring all their interests in a Landowner Parcel shall be released from all
further obligations of this Agreement arising on or after the effective date of the sale,
conveyance or transfer. Nothing contained in this paragraph shall be construed to
release any party hereto from obligations accruing prior to the date of the transfer or
assignment.
B. Notices. Any notices given under this Agreement shall be in writing and shall be
served either (i) personally, (ii) delivered by overnight U. S. Mail with postage
prepaid, or (iii) by a nationally recognized overnight commercial courier services with
charges prepaid. Notices may also effectively be given by transmittal over electronic
transmitting devices if the party to whom the notice is being sent has a receiving device
in its office, and provided a complete copy of the notice shall also be served either
personally or in the same manner as required for mailed or couriered notices. Except
Page 7
as otherwise agreed herein, notices shall be deemed received at the earlier of actual
receipt or one business day following deposit in U. S. Mail or with a nationally
recognized commercial courier with charges prepaid. Notices shall be addressed to the
Landowners at their respective addresses as shown in the signature blocks hereof, and
to District as follows:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attn: General Manager
Telephone: (650) 691-1200
Facsimile: (650) 691-0485
Either party may change its address for notice purposes by giving notice to the other in
accordance with this Paragraph provided that the address change shall not be effective
until five days after the notice is received or deemed received as the case may be.
C. Termination and Amendment. This Agreement may be terminated, changed,
modified or amended, in whole or in part, only by a written instrument executed by the
District and the Signatory Landowners.
D. Severability. So long as the impact of any such invalidation does not serve to
foreclose or otherwise prevent fulfillment of the overall objectives of this Agreement,
i.e., the replacement of the existing water system with the SJW Water System, the
invalidation of any of the provisions contained in this Agreement, or of the application
thereof to any person by judgment or court order, shall in no way affect any of the
other provisions hereof, or the application thereof to any other person, and the same
shall remain in full force and effect to the maximum extent possible.
E. Captions. The captions in this instrument have been inserted solely for convenience
of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
F. Counterparts. Each of the Signatory Landowners and District may execute this
instrument in two or more counterparts; each counterpart shall be deemed an original
instrument. In the event of any disparity between the counterparts produced, the
District counterpart shall be controlling.
G. 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
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.
H. Entire Agreement. Except as otherwise specifically set forth herein, this Agreement
is intended by the parties to be the final expression of their agreement; it embodies the
40 Page 8
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 and understandings
between the parties relating to the same subject matter.
I. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of California.
J. Time of Essence. Time is of the essence of each provision of this Agreement in
which time is an element.
K. Gender and Number. As used in this Agreement, the masculine, feminine and
neuter gender, and the singular or plural number, shall include the others whenever the
context so indicates.
L. 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.
M. Memorandum of Agreement. The parties shall record a Memorandum of this
Agreement in the Official Records of the County of Santa Clara for each of the
Signatory Landowners' Parcels to provide constructive notice of matters contained
herein. If for any reason this Agreement is terminated, District shall execute and
record a quitclaim deed of the Memorandum of this Agreement for each of the
Signatory Landowner's Parcels.
N. Covenants Runnings With the Land. This Agreement and all of its covenants,
conditions and obligations shall run with the land, shall be binding on successors,
assignees, grantees, devisees and all other persons or entities acquiring all or any
interest in land which is the subject of this Agreement, shall be construed as equitable
servitudes, and any interest in land which is the subject of this Agreement shall be held,
transferred, encumbered, used, conveyed, leased and occupied subject to said
covenants.
O. Arbitration of Disputes. If any dispute arises between District and Landowners
relating to this Agreement and the transactions hereunder, District and Landowners
agree that the dispute shall be resolved by binding arbitration determined by three
arbitrators appointed as set out below:
i. Within 10 days after a notice by either party to the other requesting arbitration
and stating the basis of the party's claim, each party shall appoint one
arbitrator, notifying the other party of the appointment when made.
ii. The two arbitrators shall immediately choose a third arbitrator to act with them.
If a party fails to select an arbitrator within the time allowed or if the two
Page 9 41
arbitrators fail to select a third arbitrator within 10 days after their
appointment, the additional arbitrator shall be promptly selected by random
lot in a manner agreed among the arbitrators already appointed from a pool
of up to six names, with each party entitled to submit no more than three
names.
iii. The arbitration shall be conducted under Code of Civil Procedure §§1280-
1294.2. Hearings shall be held in Santa Clara County, California.
iv. A decision of the majority of Arbitrators shall be binding on both parties. The
arbitrator's fees shall be shared equally between the parties.
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 MATTERS INCLUDED IN THE "ARBITRATION
OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
DISTRICT INITIAL
LANDOWNER INITIALS
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date
and year shown with their respective signatures.
IlI
Page 10
i
I
"District"
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Approved as to Form:
By:' Date:
Susan M. Schectman
General Counsel
Recommended for Approval:
By: Date:
L. Craig Britton
General Manager
Approved and Accepted:
By: Date:
Ken Nitz
President, Board of Directors
Attest:
By: Date:
Deirdre Dolan
District Clerk
i
Page 11 ,�
EXHIBIT A
SIGNATORY LANDOWNERS -
Category of Domestic Water and Road Maintenance
Assessor's Parcel Number
by Landowner(s) as individuals or as Trustee(s) if so indicated.
510-27-001:
Bernard E. Porter, Trustee Dated:
Rhoda A. Porter, Trustee Dated:
B. E. and R. A. Porter Revocable Trust, dated 11/10/1987
20800 Canon Drive
Los Gatos, CA 95030
510-27-002:
Fariborz Agandel Dated:
Armin Afsaneh Dated:
15931 Overlook Drive
Los Gatos, CA 95030
510-27-003:
Robert Harold Reid Dated:
Karin E. Reid Dated:
15941 Overlook Drive
Los Gatos, CA 95030
510-27-006:
John Steven Carlton, Trustee Dated:
Debbie Sanders Carlton, Trustee Dated:
Carlton Revocable Trust, dated 1/4/1991, as amended
19750 Littlebrook Drive
Los Gatos, CA 95030
i
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Page 12
510-27-007:
E. Phil Hayes, Trustee Dated:
Barbara Jean Hayes, Trustee Dated:
Hayes Revocable Trust, dated 6/20/1996
4000 N. Rodeo Gulch Road
Soquel, CA 95073
510-27-008:
Larry K. Geisel Dated:
Rhoda J. Geisel Dated:
19747 Littlebrook Drive
Los Gatos, CA 95030
510-27-010:
Alison E. Hopkins Dated:
H. Roger Hopkins Dated:
15940 Overlook Drive
Los Gatos, CA 95030
510-27-011:
i
Jay Terence Harris, Trustee Dated:
Christine Harris, Trustee Dated:
Jay and Christine Harris Revocable Trust, dated 11/14/1997
19630 Canon Drive
Los Gatos, CA 95030
510-27-012:
Jack Van Den Heuval Dated:
Maria A. Van Den Heuvel Dated:
19580 Canon Drive
Los Gatos, CA 95030
510-27-013:
Gilbert Mesa Dated:
Barbara Mesa Dated:
19525 Canon Drive
Los Gatos, CA 95030
# Page 13
i
510-27-015:
Miles Rankin Dated:
Miles, Rankin, Trustee Dated:
Marital and Exemption Trust under the Will of Juliette Rankin, dated 9/19/1984
19561 Canon Drive
Los Gatos, CA 95030
510-27-016:
Phillip N. White, Trustee Dated:
Barbara D. White, Trustee Dated:
White Family Trust, dated 5/25/1989
15970 Hidden Drive
Los Gatos, CA 95030
510-27-034:
Steven J. Mazzoni Dated:
Sheila R. Mazzoni Dated:
19601 Canon Drive
Los Gatos, CA 95030
510-27-035:
Leslie K. Logan Dated:
19631 Canon Drive
Los Gatos, CA 95030
510-27-038:
Leroy J. Grose, Trustee Dated:
Susan K. Grose, Trustee Dated:
Grose 1997 Living Trust
16050 Overlook Drive
Los Gatos, CA 95030
510-27-039:
Amardeep Misha Dated:
Elizabeth Ann Twaddell Dated:
19700 Overlook Drive
Los Gatos, CA 95030
Page 14
510-27-040:
John Baker Weiss Dated:
Patricia Weiss Dated:
15968 Hidden Drive
Los Gatos, CA 95030 '
510-27-046:
Thomas J. Cohn Dated:
Margaret Cohn Dated:
197467 Littlebrook Drive
Los Gatos, CA 95030
510-27-047:
Paul J. Smith Dated:
Barbara A. Smith Dated:
19801 Littlebrook Drive
Los Gatos, CA 95030
510-28-005
John K. Colwell, M. D., Dated:
Trustee, UDT dated 8/20/1988
FBO John K. Colwell, M.D., Settlor
222 Hollywood Avenue
Los Gatos, CA 95030
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Page 15 #
SIGNATORY LANDOWNERS
Category of Domestic Water Only
510-27-004:
Alex Barkus Dated:
16040 Overlook Drive
Los Gatos, CA 95030
510-28-002
Gregory J. Richmond Dated:
Debbie L. Richmond Dated:
833 Pear Avenue
Sunnyvale, CA 94087
510-28-003:
Peter R. Pors,Trustee Dated:
Marie Hutchinson, Trustee Dated:
Sunseri Living Trust dated 2/11/98
19550 Littlebrook Drive
Los Gatos, CA 95030
510-28-014:
Dana Pefferle Dated:
19577 Littlebrook Drive
Los Gatos, CA 95030
I
Pag
e 16 �r
ATTACHMENT - 6
RESOLUTION 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE AMENDED
PURCHASE AGREEMENT-BARGAIN SALE,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATES 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 (EL
SERENO OPEN SPACE PRESERVE - LANDS OF BISHOP
AND KRONE ET AL.)
The Board of Directors of Midpeninsula Regional S Open ace District does resolve as.follows:
P P
Section One. The Board of Directors of Midpeninsula Regional Open Space District does
hereby accept the offer contained in that certain Amended Purchase Agreement-Bargain Sale
between Wallace Krone and William Bishop as Trustees (Seller), and the Midpeninsula
Regional Open Space District, a copy of which is attached hereto and by reference made a part
hereof, and authorizes the President or 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 one or more Certificates of Acceptance, as necessary, on behalf of the
District.
Section Three. The General Manager of the District shall cause to be given appropriate notice
of acceptance to Seller. The General Manager is further authorized to execute any and all
other documents in escrow necessary or appropriate to the closing of the transaction. The
General Manager and General Counsel are further authorized to approve minor or technical
revisions to the attached Amended Purchase Agreement-Bargain Sale that do not involve any
substantial change to an term of the Agreement, and which are necessary or appropriate h
g y g yto e
closing or implementation of this transaction. The General Manager is further authorized to
determine whether or not to terminate the Amended Purchase Agreement-Bargain Sale
pursuant to Section 6 of the Agreement.
Section Four. The General Manager of the District is authorized to expend up to $20,000 to
cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this
transaction.
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Section Five. It is intended, reasonably expected, and hereby authorized that the District's
general fund will be reimbursed in the amount of$2,000,000 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 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF BAN AGREEMENT WITH
SIGNATORY LANDOWNERS, AUTHORIZING OFFICER TO
EXECUTE CERTIFICATES 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 (EL SERENO OPEN SPACE PRESERVE -
LANDS OF SIGNATORY LANDOWNERS)
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 approve that certain Agreement between Signatory Landowners and the Midpeninsula
Regional Open Space District, a copy of which is attached hereto and by reference made a part
hereof, and authorizes the President or 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 Certificates of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice
of approval to the Signatory Landowners. The General Manager is further authorized to
execute any and all other documents in escrow necessary or appropriate to the closing of the
transaction approved in this Resolution. The General Manager and General Counsel are
further authorized to approve minor, or technical revisions to the attached Agreement that do
not involve any substantial change to any term of the Agreement, and which are necessary or
appropriate to the closing or implementation of this transaction. The General Manager is
authorized to determine whether or not to waive the Conditions Precedent set out in Section
l(B) of the Agreement.
Section Four. The General Manager of the District is authorized to expend up to $10,000 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$800,000 from the proceeds of the next long-
term District note issue. This Section of this Resolution is adopted by the Board of Directors
I
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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 f
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.
I
Regional Open : _ we
1
R-0 _58
Meeting 00-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 10, 2000
AGENDA ITEM 2
AGENDA ITEM
Acceptance of Gift of Zion Lutheran Church Property rsan Addition to the Mt. Umunhum Area of Sierra Azul
Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
VV I
1. Determine that the recommended actions as set out in this report are categorically exempt from the
California Environmental Quality Act.
I
2. Adopt the attached resolution accepting the gift of Zion Lutheran Church property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this
report, including naming the property as an addition to the Mt. Umunhum area of Sierra Azul Open
P g g P P tY P
Space Preserve.
4. Indicate your intention to withhold the property from dedication as public open space at this time.
DISCUSSION (see attached map
The Zion Lutheran Church property consists of thirty-three lots comprising approximately 1.89 acres in the
"paper" subdivision of Hacienda Park. The Hacienda Park subdivision was filed in 1909, but never developed
because of its steep and inaccessible terrain. Fully ninety percent of the surrounding lots in the subdivision
are owned by Santa Clara County, acquired through tax delinquency. The subdivision is bordered by District
land to the south and north. The District previously received a gift of approximately 2.24 acres in the
subdivision in 1994 (see report R-94-128 dated December 14, 1994). This gift would bring District
ownership in the subdivision to a total of 4.13 acres, of the total 160 acres in the subdivision.
The property is in the upper hillsides of the Herbert Creek watershed and has steep chaparral-covered slopes
with Douglas fir scattered in the drainages. Views of Mt. Umunhum and Almaden Reservoir are possible
from selected locations in the subdivision, and an existing fire road could provide a valuable trail in the
future.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is located in an unincorporated area of Santa Clara County near the southerly extent of the
District boundaries. Adjacent property is rated as having moderate to high composite open space value in the
District's Open Space Master Plan. The District's Regional Open Space Study shows a regional trail corridor
running from north to south through this "paper" subdivision. The property is important in terms of potential
outdoor recreation, and strategic in positioning the District to assume stewardship responsibility for the
balance of Hacienda Park from Santa Clara County. The County has indicated an interest in transferring their
holdings in this subdivision to the District.
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-00-58 Page 2
Preliminary Use and Management Plan Recommendations
Name: Name the property as an addition to the Mt. Umunhurn area of Sierra Azul Open Space Preserve.
Signs: Install preserve boundary signs where appropriate.
Public Safety Review: There are no known hazards.
Site Emphasis Designation: Conservation Management Unit (CMU); limited public access at this time.
Dedication: Indicate your intention to withhold the property from dedication as public open space at this time.
CEQA Determination
It has been concluded 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.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space.
This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under section 15061, as there is no possibility the actions may have a
significant effect on the environment.
TERMS
The District is receiving a generous gift of a 1.89-acre property from Zion Lutheran Church as an addition to
the Mt. Umunhum area of Sierra Azul Open Space Preserve. Since no title insurance has been obtained for
past transactions in this area, any title work should be delayed until all, or nearly all, of the lots in the
designated area are acquired by the District.
Prepared by:
Michael C. Williams, Real Property Representative
Map prepared by:
Dennis Dart, Planning Technician
Contact person:
Michael C. Williams, Real Property Representative
RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT ACCEPTING GIFT OF REAL PROPERTY
AND AUTHORIZING EXECUTION OF CERTIFICATE
OF ACCEPTANCE WITH RESPECT THERETO
(SIERRA AZUL OPEN SPACE PRESERVE - LANDS
OF ZION LUTHERAN CHURCH)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve
as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby accept, with gratitude, the gift of the real property described in Exhibit A,
as affixed hereto and by this reference made a part hereof, and to be conveyed by Gift Deed
from Zion Lutheran Church, a non-profit organization.
Section Two. The President of the Board or other appropriate officer is authorized to
execute a Certificate of Acceptance for said Gift Deed conveying title to the property being
donated to the District.
Section Three. The General Manager of the District shall cause to be given appropriate
notice to the donors of the acceptance of this gift. The General Manager is further authorized
to execute any and all other documents necessary to the closing of this transaction.
Proposed ZIbn Lutheran w, c Gift,hur h I
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EXHIBIT 2 _ - SANTA CLARA COUNTY v
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EXHIBIT 1
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Regional Open ice
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-59
Meeting 00-11
May 10, 2000
AGENDA ITEM 3
AGENDA ITEM
Agreement with Santa Clara County Fire Department to onduct a Controlled Burn on the
Rancho de Guadalupe Portion of the Sierra Azul Open S ace Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions as set out in this report are categorically
exempt under the California Environmental Quality Act.
2. Authorize the General Manager to execute the attached Permit to Enter for the purpose
of allowing the Santa Clara County Fire Department to conduct a controlled burn on the
Rancho de Guadalupe portion of the Sierra Azul Open Space Preserve.
BACKGROUND
The District has received a request from the Santa Clara County Fire Department to conduct a
controlled burn on a portion of the former Rancho de Guadalupe property in the Sierra Azul
Open Space Preserve. The request is to burn up to twelve acres of grassland, adjacent to the
Cherry Springs Reservoir (see Exhibit 1 of Permit to Enter). This project would be a repetition
of the controlled burn which was conducted as part of "Project Wildfire" in May 1997 (see
report 97-73), and as part of the Joint Fire Academy training in May, 1999 (see report 99-68).
DISCUSSION
The project will involve burning up to twelve acres of grassland and sparse chaparral. This
particular site was chosen because the gentle slope, combined with light fuels, are appropriate
for conducting a safe burn, with minimal erosion potential. The site has easy access and
availability to water. In addition, the site is remote and closed to the public, so the project will
not interfere with recreational activities. Areas to be burned include some sites which were
burned as part of the 1997 and 1999 exercises. However, for resource management purposes,
some areas are being "rested," while a new area (see attached map) is being added.
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 V-
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-00-59 Page 2
June 2, 2000, was chosen as the date for the project, to provide an opportunity to train new
firefighters who are currently attending the Joint Agency Fire Academy. Firefighters from this
academy are from many of the jurisdictions which provide fire services to the District. In
addition, Santa Clara County Fire Department will be on-site June 1 preparing for the burn,
and on June 3 to ensure that the burn area is fully extinguished. The preparation will involve
vegetation clearing and a small amount of burning around the edge of the site (black-lining) to
protect trees and to provide further protection against escape of the fire.
Santa Clara County Fire Department will be the lead agency in conducting the exercise. They
will be responsible for: controlling site access, conducting the burn, providing public
notification, and compliance with Bay Area Air Quality Management District regulations. The
California Department of Forestry (CDF) may also participate in the training.
The project will provide the following benefits for the District:
1. Research opportunities for the District's Resource Management Specialist on the effect
of wildland fire on vegetation management.
2. Enhancement of native vegetation and removal of exotic vegetation through the re-
introduction of naturally occurring fire (under controlled conditions).
3. Reduction of fuel load in the burn area and subsequent reduction in the possibility of a
wildland fire.
4. Wildland Fire and Incident Command System training for District and County Fire
Department staff.
5. Improved working relationship with Santa Clara County Fire Department.
RESOURCE MANAGEMENT ISSUES
To evaluate the spectrum of environmental concerns, staff used an environmental checklist
developed by the California Department of Forestry for vegetation management bums. The
results of the checklist show no significant impacts on water resources, soil stability, vegetation,
habitats, wildlife, air quality, or visual aesthetics.
The vegetation community of the bum area is approximately 85% non-native annual and
perennial grassland. A bum in this area will enhance native vegetation diversity by reducing
competitive species and thatch accumulation. Monitoring efforts will be conducted before and
after the burn to assess the changes in species composition and distribution.
The impact of a grassland bum on wildlife is minimal due to the seasonal timing and the low
intensity of the burn. No rare or endangered species inhabit the bum area. Horned lizards have
been sighted on the upper chaparral slopes of the preserve, but not in the burn area.
R-00-59 Page 3
The 1997 and 1999 bums resulted in reduced thatch coverage, which benefited native grasses.
Resource Protection Issues
To ensure adequate protection of the area, staff have placed certain constraints on the project.
These are specified in the Permit to Enter (Appendix A). Among the conditions are the
following:
• County Fire must fully restore any compacted areas to their pre-event condition.
• District staff will be on-site for the duration of the event.
• County Fire will minimize off-road driving of vehicles.
Archeological Issues:
Prior to the 1997 Project Wildfire exercise, the Silicon Valley Defense Space Consortium paid
for an archaeological review of the burn area. The review showed that there were no
significant archeological resources in the area.
CEQA COMPLIANCE
Pro-ject, Description
The project consists of burning up to twelve acres of grassland and sparse chaparral for the
purpose of training and study.
CEQA Determination
Staff 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 sections
15304 and 15306 of the CEQA Guidelines as follows:
Section 15304 allows activities resulting in minor alterations to land such as grading,
landscaping, filling of earth, trenching, and backfilling. The proposed controlled burn is
similar to these activities, in that it is only a temporary alteration to the land. In comparison to
other agencies who regularly conduct controlled burns of areas greater than 50 acres, the
proposed twelve-acre burn is considered small, resulting in little impact to the land. The
R-00-59 Page 4
vegetation community is a grassland. No trees will be removed and the reduction of thatch and
competitive species from the area will result in habitat improvements.
Further exemption is covered under section 15306 which allows for "basic data collection,
research, experimental management, and resource evaluation activities." This project will
increase the District's knowledge of the role of fire in vegetation management.
PUBLIC NOTIFICATION
If the Board approves this project, then Santa Clara County Fire Department will notify
neighbors of the details of the project.
Prepared by:
Gordon Baillie, Operations Analyst
Jodi Isaacs, Resource Management Specialist
Contact Person:
Gordon Baillie, Operations Analyst
Appendices:
Appendix A - Permit to Enter
m
Regional Open is
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPENDIX A
PERMIT TO ENTER
I
This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a
California public District (hereinafter "MROSD"), and Santa Clara County Fire Department, a
California public Fire Protection District (hereinafter "COUNTY FIRE").
The parties hereby agree as follows: i
I
1.0 Property
I
MROSD grants COUNTY FIRE permission to enter the portion of Sierra Azul Open Space j
Preserve (hereinafter the "Property") located in unincorporated Santa Clara County, as shown on
the attached map (Exhibit 1). Access to the Property will be via Hicks and Pheasant Roads.
2.0 Purpose
This Permit to Enter is for the purpose of conducting a wildland controlled burn in the areas
shown on the attached map (Exhibit 1) as referenced in the Incident Action Plan (hereafter
"Project").
3.0 Activity Conditions
The activity shall be subject to the following conditions:
a. COUNTY FIRE will be responsible for obtaining all necessary government permits for
the Project, including meeting the requirements set forth by the Bay Area Regional Air
Quality Management District, and payment of any associated fees.
b. COUNTY FIRE will write an Incident Action Plan (hereinafter the "Plan,") for the
Project and will manage the Project in accordance with the Plan. The Plan must be
agreed upon by MROSD at least two weeks in advance of the Project. The Plan will
include a minimum of the following elements:
i. Map of the planned burned site and planned access routes.
j ii. Plans for sanitation and other support services, such as food, etc.
iii. Identification and protection of sensitive resource sites.
iv. Number and type of fire apparatus assigned to the burn and planned staging
areas for additional staffing and equipment.
i
i
330 Distel Circle . Los Altos CA 94022-1404 # Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspa
ce.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
I
V. Plan for mutual aid, in case the fire escapes containment lines.
vi. Overview of command and control structure, including communications plan.
vii. Plan for medical emergencies, including an identified helicopter landing zone.
viii. Plan for post-fire monitoring and cleanup.
c. COUNTY FIRE will ensure that the Project is conducted under standard Incident
Command procedures, including the provision for a Safety Officer, and will be
responsible for the overall safe operation of the Project.
d. COUNTY FIRE will ensure that MROSD staff have an opportunity to use the Project as
a training opportunity by involving MROSD staff in the fire fighting and in the planning
and execution of the Project. COUNTY FIRE will allow at least one MROSD staff
member of supervisor or higher level to be present at the command post at all times.
Other District staff or agents may be present as observers.
e. COUNTY FIRE will limit off-road driving by fire apparatus to minimize soil compaction.
f. COUNTY FIRE will provide MROSD with a schedule of operations and keep MROSD
informed of any changes in the schedule.
g. COUNTY FIRE will be responsible for clean up of the burn site and any staging and
transit areas, which are on MROSD property.
h. COUNTY FIRE will patrol the bum site at least twice on each evening after completing
a day's burning. Any signs of re-ignition will be immediately extinguished and any re-
ignitions will be reported to MROSD.
i. COUNTY FIRE will be responsible for discing or otherwise restoring the staging area
and any other areas impacted by the exercise. MROSD shall have final say as to the
completeness of the restoration and may require additional work be done to ensure full
restoration of the area.
j. In no event, shall equipment or materials be left unattended on MROSD property.
k. MROSD shall provide COUNTY FIRE lock combinations for access to any necessary
gates.
1. COUNTY FIRE shall be the lead agency for fire suppression and control, for the duration
of the Project.
in. A copy of this permit shall be maintained on site at all times while the Project is taking
place.
2
--- - - - - - - - -
n. COUNTY FIRE will be responsible for informing neighboring residents and adjacent land
owners of any site preparation activities which involve burning (i.e. black-lining).
o. In the event that COUNTY FIRE produces for distribution a news release or other type
of media advisory pursuant to the Project, MROSD will be provided with a draft of the
release for review prior to distribution and will be given the opportunity to include in that
document a typical MROSD descriptive paragraph. If COUNTY FIRE engages in any
other publicity activity pursuant to the Project, MROSD shall be named as a cooperating
agency.
p. COUNTY FIRE will have a trained Public Information Officer on-site and available to
the media during the Project, and will be prepared to deal with media inquiries.
r. COUNTY FIRE will continue to work with MROSD to provide additional training
opportunities (such as HazMat training) for District staff, at mutually acceptable dates
and locations.
4.0 Term
Access to the site for the purposes of this permit is limited to the period of Thursday, June I
through Sunday, June 4, 2000. In the event that the Project must be rescheduled, this permit
will still be valid as long as MROSD has received prior written notification from COUNTY
FIRE of the new permit term and MROSD has agreed in writing to the new term. In order to
do site preparation, COUNTY FIRE may also access the site on dates which are mutually
agreed upon. In any event, this permit expires no later than October 31, 2000.
5.0 Notice
Any notice or notices required or permitted to be given pursuant to this license may be
personally served on the other party by the party giving such notice, or may be served by U.S.
mail to the following address:
MROSD: L. Craig Britton, General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
(650) 691-1200
(650) 691-0485 (FAX)
3
--- - - - - - - - - - -- - - - - - -
copy to: John Escobar, Assistant General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
(650) 691-1200
(650) 691-0485 (FAX)
COUNTY FIRE: Benjamin F. Lopes III
Santa Clara County Fire Department
14700 Winchester Blvd.
Los Gatos, Ca. 95032-1818
(408) 378-4010
(408) 378-4079 (FAX)
6.0 Indemnification and Release of Liability
COUNTY FIRE agrees that the use of equipment and tools on the property of MROSD shall
be effected with all reasonable diligence and precautions to avoid damage to the land, property,
or personnel of MROSD or to the public.
COUNTY FIRE hereby waives all claims and recourse against MROSD, including the right of
contribution for loss or damage to property, and releases MROSD from any liability related to
or in any way connected to COUNTY FIRE's activities or COUNTY FIRE's use of the Project
site, premises, or facilities.
COUNTY FIRE agrees to indemnify, hold harmless, defend and protect MROSD, its officers,
directors, agents, and employees from any and all claims, losses, damages, demands,
liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties,
judgements, or obligations whatsoever in connection with any injury, death, or damage to any
person or property or pecuniary or monetary loss that results from, arises out of, or in any way
relates to the activities of COUNTY FIRE both on and off the Project in connection with this
Permit to Enter and the Project.
COUNTY FIRE and its agents shall have sole responsibility for the safeguard of their
equipment, property, and personnel (i.e., employees, agents officers and guests) from any and
all injury, death, or damage.
4
7.0 Insurance
Throughout the term of this agreement, COUNTY FIRE, at its sole cost and expense, shall
maintain in full force and effect comprehensive automobile and general liability insurance
covering bodily and personal injury and property damage arising out of the COUNTY FIRE's
activities pursuant to this Permit to Enter. Limits shall be not less than $5,000,000 per
occurrence for bodily injury and $500,000 per occurrence for property damage. This permit is
not valid without COUNTY FIRE's insurance in effect as shown on the attached Certificate of
Insurance (Exhibit 2), which is made a part of this permit. The policy shall name MROSD as
an additional insured.
Throughout the term of this agreement, COUNTY FIRE, at its sole cost and expense, shall
maintain in full force and effect a policy of Worker's Compensation Insurance covering all its
employees as required by law. Each agency is responsible for the Workers Compensation
coverage for their own employees, volunteers and agents.
Such insurance policies shall not be canceled or materially changed without thirty (30) days'
advance written notice to MROSD at the address shown under NOTICES.
These insurance requirements may be met by membership in a California Government
insurance pool. Proof of such coverage and membership must be provided to MROSD.
8.0 Cancellation
This Permit To Enter shall be cancelable by MROSD upon 24 hour's written notice to
COUNTY FIRE.
5
The above Permit to Enter has been read and understood and is hereby agreed to and accepted.
COUNTY FIRE,
By Date
Mike E. Rock
Print
Title
Director of Business Services
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By Date
L. Craig Britton, General Manager
Attest
Deirdre Dolan, District Clerk
Attachments:
Exhibit 1 - Map of burn site
Exhibit 2 - Certificate of Insurance
6
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OLCp!L4iAMlTY EACH OCCURRENCE $10, 0 0 0,0 0
A g 'umwLLA ram,+ VFIS CU 500048" .07/01/99 07 j 01/00:AGGREGATE :20,000,00_,
OTFiFA TRAM i1MBIFJ.LA FORM
I1011 M s COli TMDLI STATUTORY LIMITS
AND EACI4 ACCIDENT L
DISEASE-POLICY LIMIT S
IRNLAY!!Ri'tiliN.flY � ! ._
DISEASE-EACH EMPLOYEE i
D1R4P11
OEACRNrI1DN of QPeIiTRNIpIT6MM:tlai>M�CIaL TIRiTi
Certificate Holder As Additional Insured As Respects Their Interest In
A Controlled Burn To Be Held On Jane 1,2 a 3, 2$00.
Named Insured Includes: ARA Santa Clara: County Fire Dept.
RCATE ..:
f SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THE KOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
MidPe ni.nsula Regional Open Space :`, LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OOLIGAT7ON OR
Distract ATTN: Gordon Balllle }, LIABILITY OF ANY IUNO UPON THE COMPANY, IT$ AGENTS OR REPRESENTATIVES.
330 Distel Circle ;_'
Los Altos CA 94022
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SIERRA AZUL OPEN SPACE PRESERVE
MDPENINSULA REGIONAL OPEN SPACE DISTRICT
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CONT.RO.L�LED . . . : :
BURl1i AREAS
,( Picnic
CONTROLLED Area
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Regional Open ice
R-00-60 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-11
May 10, 2000
AGENDA ITEM 4
AGENDA ITEM
Approval of Revisions to the Personnel Policies and Procedures Manual
GENERAL MANAGER'S RECOMMENDATION
Adopt the attached revisions to the Personnel Policies and Procedures Manual
retroactive to April 1, 2000.
DISCUSSION
At your meeting on April 26, 2000, you approved the Memorandum of Agreement with
Local 715 (see report R-00-52), and salary and benefit adjustments for office,
supervisory, and management staff(see report R-00-53) effective as of April 1, 2000.
The benefit changes necessitate revisions to the Personnel Policies and Procedures
Manual, and the Memorandum of Agreement included other changes that are proposed
to also be included in the Personnel Policies and Procedures Manual. The
recommendation is that these changes to the Manual be made retroactive to April 1,
2000, to coincide with the effective date of the Memorandum of Agreement and the
salary and benefit changes you made at your April 26, 2000 meeting.
Attached is a summary proposed of the ro sed revisions. Also attached is the actual text of the
revisions in the Personnel Policies and Procedures Manual. Deletions are shown as
strikeouts, and new wording is underlined. The entire Personnel Policies and
Procedures Manual is available at the District office for public inspection.
Prepared by:
Deirdre Dolan, Administration and Human Resources Manager
Contact person:
Same
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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 '
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Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder, Kenneth C. Nitz - Genera/Manager:L.Craig Britton
SUMMARY OF PROPOSED CHANGES TO THE
PERSONNEL POLICIES AND PROCEDURES MANUAL
EFFECTIVE APRIL 1, 2000
Section 2.1 Appointment
• Revises language so the categories of District employees protected from discrimination are
consistent with the language in the Fair Employment and Housing Act (FEHA).
Section 5.4 Promotional Compensation
• Revises the section to coincide with the Memorandum of Agreement and the existing
practice of providing promotional compensation plus the merit increase that would
otherwise have been due, prorated based on the number of months worked since the last
annual evaluation.
Section 5.6 Overtime and Compensatory Time
• Pays overtime to non-exempt field supervisory employees for time worked in excess of the
scheduled workday, or in excess of forty hours per week, consistent with the Memorandum
of Agreement.
Section 5.7 Shift Differentials
• Increases the night shift differential for non-exempt field supervisory employees to $2.00
per hour effective April 1, 2000 and$2.25 per hour effective April 1, 2001, consistent with
the Memorandum of Agreement.
• Includes the split shift differential of$30 per workday for non-exempt field supervisory
employees for each split shift worked, consistent with the Memorandum of Agreement.
Section 5.9 Uniform Compensation for Field Supervisory Staff
• Indicates that the General Manager will set the annual uniform allowance effective April I
of each year.
Section 6.1 Benefit Plans
• Adds the CaIPERS Health Plan Program which provides a choice of 11 medical plans; sets
the District medical plan contribution at the equivalent of the Kaiser Foundation plan
premiums for 1-party, 2-party, or family coverage.
• Adds a Section 125 cafeteria flexible benefits plan in conjunction with the CalPERS Health
Plan Program which provides option for employees who choose lower cost medical plan or
waiver of medical, dental, or vision plan to direct savings to deferred compensation, other
benefit options, or receive as cash. Also enables District to contribute different amounts
toward cost of active and retiree medical plan premiums.
• Provides retiree medical plan contribution of$50 per month.
• Continues to provide current Delta Dental Plan and Vision Service Plan, to pay full
premiums for such plans, and to provide similar plans if said plans become unavailable.
• Increases basic life insurance to the equivalent of two times annual salary.
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Section 6.2 Holidays, Personal Leave, and Administrative Leave
• Changes to December 31 the date upon which any time remaining in the holiday bank from
the calendar year is paid out in cash. Field supervisors assigned to work December 24 or
25 may convert up to 12 unused holiday hours to vacation.
• Increases personal leave amount to 28 hours for office, supervisory, and management
employees, and to 24 hours for supervising rangers and maintenance and construction
supervisors.
• Increases management administrative leave to 64 hours per year. Adds either 16 or 40
hours of administrative leave time for exempt employees, as designated by the general
manager. Includes guidelines for use of administrative leave time.
Section 6.3 Vacation
• Increases accrual rate to equal three weeks (120 hours) of vacation per year during the first
five years of service.
• Changes minimum vacation increment from four hours to one-half hour.
• Eliminates restriction for probationary employees to use vacation during probationary
period.
• Provides employees with a minimum of 120 hours of accrued vacation an option to cash out
up to 40 hours of vacation per year.
Section 6.4 Sick Leave
• Increases from 6 days to 96 hours (12 days)per year the amount of sick leave an employee
can use to care for a family member or domestic partner.
• Provides an option for employees who retire from the District to apply up to 100% of the
value of unused sick leave toward the cost of retiree medical plan premiums.
Section 6.8 Educational Opportunities
• Increases maximum annual tuition reimbursement amount to $600.
Section 7.1 Nondiscrimination and Sexual Harassment
• Revises language so the categories of District employees protected from discrimination are
consistent with the language in the Fair Employment and Housing Act (FEHA).
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Midpeninsula Regional Open Space District
Personnel Policies and Procedures Manual
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Adopted by the Board of Directors
July 22, 1986
Amended August 14, 1991
Amended July 28, 1993
Amended February 8, 1995
Amended December 11, 1996
Amended April 1, 1997
Amended April 1, 2000
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TABLE OF CONTENTS
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ARTICLE 1 -GENERAL PROVISIONS 1 �
� SECTION 1.1' PURPOSE.....................................................................................................................................................1 |
� SECTION 1'2'ADMINISTRATION op THE POLICIES................................................................................................................1 |
� SECTION 1.3.ADOPTION AND AMENDMENT oFPERSONNEL POLICIES..................................................................................1
� SECTk]wl.4.SEPARABILITY................................................................................................................................................1 |
� SECTION 1.S'VARIANCES..................................................................................................................................................1 |
SECTION 1.6. DEFINITIONS—...---...—...-------...--..-..—.-------.—.—.---.--.--..—..........--.—.------------1 /
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� ARTICLE 2-PERSKXNyuEL P��KUK�ES AND PROCEDURES �
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� 8Ec11om2L1' APPOINTMENT.............................................................................................................................................S
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SEcTIOw2.2' ORIENTATION.............................................................................................................................................8 /
SEcTIOw2.3' PROBATIONARY PERIOD...............................................................................................................................6 |
SECTION2.4. WORKDAY..................................................................................................................................................G
ScCTIOw2.5. ATTENDANCE..............................................................................................................................................7 |
SECTION2.6. PsmsowweL RECORDS..................................................................................................................................7 |
SEcnow2'7' CHANGE roA DIFFERENT WORK UNIT.........................................................................................................7
SECTION2.8. LAYOFF.......................................................................................................................................................7 |
� SEcTIOw2.9. VOLUNTARY TERMINATION..........................................................................................................................8 |
5cCnow21C\ �X�|N��0UBw 8 '
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� SscrowJ'11. EMPLOYEE RELATIONS................................................................................................................................W |
� SECTION 2'1%. POLITICAL ACTIVITY...................................................................................................................................Q
� SECTION 2J3. NEPOTISM..................................................................................................................................................8
��'U��� ���N�������0�, �U����U�K,����K������������� ��
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SsCnmw3J, DeCpu NARY ACTION...............................................................................................................................1O
Sscnuw3'2, GRIEVANCE PROCEDURE............................................................................................................................1l
ARTICLE 4-CLASSIFICATION PLAN 13
SECTION 4.1. POSITION CLASSIFICATION PLAN.................................................................................................................13
SECTION 4`2.TITLES AND SPECIFICATIONS........................................................................................................................13
SECTION 4`3. NEW BUDGETED POSITIONS AND FILLING VACANCIES..................................................................................13
SEcTIOw4.4. RECLASSIFICATION......................................................................................................................................1]
SECTION 4`5. EFFECTS Ow INCUMBENTS 0F POSITIONS BEING RECLASSIFIED.......................................................................14
ARTICLE 5-COMPENSATION 15
SEcTxzNSJ. COMPENSATION PLAN...............................................................................................................................15
� BECTx]wS.2. ANALYSIS OF COMPENSATION PLAN...........................................................................................................lS
| SECTx]wS.]. APPOINTEE COMPENSATION—.....--.-.._-.-.,.-----..--.---..~.'.._''—'---''—.---'--'..15
SECTx]NS.4L PROMOTIONAL COMPENSATION.-~....—.......—...-..—...-----......_.—.-----.—..-.-'._~,.--...-1S
� SECTION 5.5. ACTING APPOINTMENT..............................................................................................................................16
| SeCrow5'G. OVERTIME AND COMPENSATORY TIME UNow-ExcmpT EMPLOYEES)................................................................16
SECTION S.7,SHIFT DIFFERENTIALS..................................................................................................................................17
| SECTION I8. SALARY ADMINISTRATION..........................................................................................................................17
| SECTION 5.9. UNIFORM COMPENSATION FOR FIELD SUPERVISORY STAFF............................................................................l7 �
| ARTICLE 6'BENEFITS 19 �
SECTION 6`1 BENEFIT PLANS............................................................................................................................................19
8ccTIOwGi2. HOLIDAYS, PERSONAL LEAVE,AND ADMINISTRATIVE LEAVE.........................................................................2O
| 5scTow6.3, VACATION................................................................................................................................................23
SECTION 6.4. SICK LEAVE--..-_._,._.—.---.......-..—.---.-..—.....,.-----...-.—._-_.----...--._..,24
5sCrIOw6i5. LEAVES np ABSENCE WITHOUT PAY............................................................................................................ZS
SscTIOw6.6. LEAVE op ABSENCE WITH PAY....................................................................................................................26
SscrIOw6.7' WORKER DISABILITY COVERAGE.................................................................................................................27
SECTION 6.8. EDUCATIONAL OPPORTUNITIES..................................................................................................................27
SECTION 6.9.WORKER'S COMPENSATION INSURANCE......................................................................................................Z7
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SECTION 7.1' NONDISCRIMINATION AND SEXUAL HARASSMENT.......................................................................................29
SECTION 7.2- CONFLICT OF INTEREST..............................................................................................................................]1 |
5scnow7.3 C�rF�}uTY�mp/oYmEmT 31` ---^^^'-----^--^-'—^--'-'''''''—'--'---''—'---'''---'—''^'---'---^^`^' |
SEcTIOw7,& TRAVEL EXPENSES......................................................................................................................................]2 /
SscnOw7.5i TRAINING.................................................................................................................................................33 �
SECTION7.6. ATTENDANCE..................................................................................................32 �
SECTION 7.7. REIMBURSEMENT 3�~~ '—'----''--''—'-'---------------'' |
SECTION 7.8.TIME OFF To VOTE.....................................................................................................................................33 /
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APPENDIX A- K���--'----- '-- ' ------ ' |
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Mwpeninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES
ARTICLE 1 - GENERAL PROVISIONS
SECTION 1.1. PURPOSE
The purpose of these personnel policies and procedures is to insure equal treatment for those individuals who
compete for employment and promotion and to define the obligations,rights,privileges,benefits,and prohibitions
which are placed upon all employees in the service of the Midpeninsula Regional Open Space District. These
personnel policies are provided to maintain uniformity and equity in personnel matters in order to facilitate
efficient and economical services to the public.
It shall be expected that each new employee of the District will read the Personnel Policies and Procedures
Manual in order to become familiar with the policies before the completion of the employee's probationary period.
SECTION 1.2. ADMINISTRATION OF THE POLICIES
The General Manager shall be responsible for:
(a) Administering or delegating the administration of all the provisions of the personnel policies and
procedures;and
(b) Preparing or causing to be prepared amendments to such policies and procedures.
SECTION 1.3. ADOPTION AND AMENDMENT OF PERSONNEL POLICIES
The original Personnel Policies and Procedures Manual shall be adopted by the Board of Directors upon
recommendation of the General Manager and shall supersede any personnel policies adopted by the Board of
Directors prior to the date of adoption of this manual. Substantive amendments to salary or benefit related
personnel policies must be adopted by the Board of Directors.
Daily administration and administrative amendments to these personnel rules shall be processed by the General
Manager or the General Manager's designated representative.
These personnel policies shall be presented,adopted,and amended in a spirit of good faith,and the proposed
policies shall be subject to review and comment by District employees prior to Board adoption. The General
Manager may consult with District employees from time to time when changes or modifications that may effect
employees' wages,hours,benefits,or waking conditions are made for administrative purposes.
Nothing in these personnel policies and procedures shall limit the ability of the General Manager to promulgate
administrative policies and procedures for separate work groups. However, such administrative policies and
procedures shall not be in conflict with these personnel policies and procedures and should this conflict occur,
the personnel policies and procedures shall take precedence.
SECTION 1.4. SEPARABILITY
If any section,subsection,sentence,clause,or phrase of these policies is for any reason held to be invalid,such
a decision shall not affect the validity of the remaining portions of these policies.
SECTION 1.5. VARIANCES
The General Manager shall have the power to vary or to modify the strict application of the provisions of these
personnel policies and procedures in any case in which the strict application of said provisions would result in
practical difficulties or unnecessary hardships for either the District or the employee or both. Any such variance
or modification application shall not indirectly become a provision of these personnel policies and procedures.
SECTION 1.6. DEFINITIONS
The following definitions shall apply to terms used in these personnel policies,as well as in day-today personnel
matters.
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Openinsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES `
� and other performance review purposes,the date when an employee,hired
� a,the beginning step v. his v. her salary range,completes the probationary period(normally six months from his
� or her date of hire)or for an employee hired above the beginning step of the salary range normally one year from
his mr her date mf hire. Promoted employees may be assigned anew anniversary date for review purposes. For
� the purpose of vacation accrual and other benefits,the date a person is first hired as a regular District employee.
Appeal-An employee's request to a higher level supervisor up to the level of General Manager for reconsideration
mda decision felt adverse tm the employee's best interest.
� Appointingh the General Manager, towhom authority is vested by the Board of Directors to make
� appointments 0ofill vacant positions, and through whom authority may he delegated, where appropriate mr
expedient,tm Program Managers mv other designated staff members.
Central Personnel File-A file,which contains complete, individual official personnel record files of all District
Class group cf positions sufficiently alike in duties,responsibilities,and authority tn require similar employment
Class Specification '/\written description for each class of positions including class title, definition of position,
typical tasks performed,and employment standards for the position. Positions, not individuals,are classified.
� Continuous Service'Uninterrupted employment with the District. Reasonable absences due to military leave or
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other leaves of absence approved bv the General Manager dm not constitute a break inan employee's continuous
� employment with the District.
Demotion-For disciplinary the reduction ofan employee's current compensation rate mr the transfer mf
� an employee from a position in one class Vma position in another class in order$n reduce his or her compensation
rate.
� Discharge-An action by the District involving the termination of an employee from District employment.
� Disciplinary -The imposition of certain personnel actions on an employee as a result of any action which
reflects discredit to the District or is a direct hindrance to the effective performance of District functions.
� Disciplinary action may consist of counseling, oral or written warnings, reprimand, suspension, demotion, or
� discharge.
Employee ' Any person, whose appointment is approved by the General Manager, who receives wages for
employment with the District
� .
� EmployeesExempt Status Regular employees whose position falls under the classification of either executive,
administrative or professional and who, by the nature and responsibilities of their positions,are not eligible for
overtime pay or compensatory time for hours worked in excess of forty hours per week.
Field Staff-The section mf the Open Space Management Program composed of those District employees whose
� job responsibilities and duties relate to daily activities performed in relation to the employee's specific position
� in the field.
Fiscal Year-Tvvelvemonthperiodbegnning April |and ending March 3l.
Grievance'An employee's oral or written expression of dissatisfaction concerning some aspect of the employee's
District employment,a management decision affecting the employee,mxan alleged violation of the employee's
rights expressed for the purpose mf attempting hz gain anadjustment of said cause cf dissatisfaction.
HourlyRa -The rate of compensation for each regular hour of work performed as normally set by the Board of
Directors.
Immediate | An employee's husband, wife, son, daughter,father, mother, brother, sister,grandmother,
grandfather,father-in-law, mmkher'in-|aw,and any relative of the employee living in the employee's household.
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peninsula Regional Open Space Disfict �
PERSONNEL POLICIES & PROCEDURES `
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Layoff-Aseparationtrom District employment due to organizational changes,lack of work,lack of funds,or other �
reasons that are not intended to reflect discredit upon the employee.
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Leave of Absence -
Time off from work,as approved by the General Manager, for purposes specified in these �
� personnel policies.
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Month �n ca�m�� mmn�
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Monthly Rate-The rate of compensation for each month of work performed determined for a regular full-time �
employee by' ' �
year.Non-exempt Status Employees- �
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Regular employees��p���s�| u��������� ���| $�
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and who are,by the nature and responsibilities mf their positions,eligible for overtime pay.
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� -A disability from an accident or sickness suffered or contracted which cannot be �
� attributed to the performance of assigned duties.Occupational Disabili �
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' A disability from an accident or sickness suffered or contracted as a result of the �
performance of assigned duties.
Office Staff-Emp|oyeeowhovvork in the District's main office on afx||-time or part-time basis.
Overtime-Time worked in excess of forty hours per workweek and paid to eligible employees at the rate of one
and one-half times an employee's regular hourly rate.
Pay Period-Ahwm-weekperiod.
Personnel Any action relating to the appointment,compensation, promotion,transfer, layoff,dismissal,
or other action affecting the status of an employee's District employment and which is processed by a personnel
action form provided by the personnel office.
� official personnel record form which contains information on any personnel
� transaction affecting an employee's employment,status,pay and/or benefits. All forms 0o become effective must
be approved by the employee's immediate supervisor,the supervisor's supervisor,the Administration and Human
� Resources Manager,and by�heP,u�ramK��na��rand/���h� ��enera| k4ana��r
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Personnel Record File-An employee's official District employment record.
Probationary Period-A working test period,during which anew employee oran employee ina new position b
required hodemonstrate,through actual performance of the duties of the position to which the employee has been
appointed,the skills,ability,knowledge and fitness to fill the position on a regular basis.
Program Manager-An exempt staff member responsible for the administration ofa major program mvprograms,
including the Assistant General Manager.
Promotion'The advancement o/anemployee from one classification toa higher classification.
Regular Employee 'Anyperoon, vvhosenon-temporaryh/||-timeovpart-timeappointmentisapprmvedbythe
General Manager,who receives wages and benefits for employment with the District and is filling an approved,
non-temporary budgeted position.
| /4 change in the classification m/a position created hy raising it toa higher class,reducing it0o
| a lower class,mx changing itoo another class at the same pay level.
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| Retitle 'The change of job title only and not the essential duties or qualifications or the salary range for a
classification.
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Mpeninsula Regional Open Space Dib..xt
PERSONNEL POLICIES He PROCEDURES
Reduction -The transfer of an employee from the employee's present position to one of a lower classification
and/or pay scale which is considered a voluntary action of the employee for non-disciplinary purposes.
Section-A functional working unit within a major District program area.
Suspension - The temporary removal of an employee from District employment without pay for disciplinary
purpose.
Temporary Assignment-An assignment for a specific period of time normally determined by budget.
Temporary Employee-A person employed by the District for a specific temporary assignment normally restricted
by budget and normally less than 1040 hours per year.
Transfer-The change of an employee from one position to another position in the same or comparable class,with
similar qualifications and duties,within the District's organizational structure.
Workday-A regularly scheduled eight hour period during which time full-time employees will conduct their
District work.
Workweek-The normal regularly scheduled workweek for office employees is Monday through Friday and is
normally comprised of forty hours of work. The normal workweek for members of the field staff is as assigned
by the Operations Manager and is normally comprised of forty hours of work. Assigned days off for field staff
shall normally be consecutive
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Moupeninsula Regional Open Space Dis...ct
PERSONNEL POLICIES & PROCEDURES `
ARTICLE 2 - PERSONNEL POLICIES AND PROCEDURES �
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SECTION 2.1. APPOINTMENT
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(a) The General Manager shall bethe appointing authority for all District employees,except for the positions
of General Manager,General Counsel,and Controller,for which the Board of Directors is the appointing
audnmvhy. In accordance with Article 3, Division 5, Chapter 3, Section 5549 of the Public Resources
Code,District employees appointed by the General Manager"shall hold employment at the pleasure of
the General Mana8er."
� (b) All original appointments to Board-approved budgeted positions shall be made solely on the basis of
� merit, qualifications, and fitness. These qualities shall be determined through careful and impartial
� evaluation wf the following:
(1) The applicant's level of training and/or experience relative to the requirements of the position
sought;
� (2) The applicant's level of education relative to the requirements of the position sought;and
(3) The results wforal interview(s)and/or written examination(s),and/or a variety of appropriate other
selection methods and materials a»deemed necessary by the District.
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(c) The District ioan Equal Opportunity employer. The District's recruitment program will be designed bo
appeal to the broadest segments of the population,and the selection process for employment in no way
shall be affected ur influenced bv race,religion,creed,political affi|iakion,color,national origin,ancestry,
sex,sexual orientation,age,marital status,medical condition,mr physicalmv mental disability. The District
will make reasonable accommodation wherever necessary for all applicants with disabilities to insure
equal opportunity|nthe application process,provided that any accommodations made dm not require
undue hardship orexpense.
(d) All statements included on an applicant's application form or resume shall be subject to investigation and
verification prior to finalization of the pending appointment.
(e) No District employee shall be discriminated against because of race,religion,creed,political affiliation,
color,national origin,ancestry,sex,sexual orientation,age,marital status,medical condition,or physical
pr mental disability. Any disability acquired while employed at the District will be evaluated immediately
in view of the employee's ability to perform his or her assigned duties. Such disability will also be
evaluated in view of any other District unfilled budgeted positions for which the employee is qualified
$o perform the assigned duties.
�
V0 The District will make reasonable accommodation wherever necessary 0m enable all employees with
disabilities to perform the essential functions of the job and enjoy the same benefits and privileges of
� employment as are enjoyed by employees without disabilities,provided that the employee iootherwise
� qualified to safely perform the essential job duties of the position and provided that any accommodations
�
made do not require undue hardship ovexpense.
(9) District employees are encouraam�1�na�p|y�xanyvacan\pmaidpny�xvvhich�hay�e|�hevareAuaU8ed. �
_ . �
Such applications will be considered without prejudice to the employee's present position,and regular
District staff applicants qualified for a vacant position will be given due consideration in the filling wfthe �
�
position. Such consideration may include,but not he limited to,the use ofa selection program for District
employees only.
|fa given temporary staff position im reclassified 1oa regular staff position,and the position iscurrently
filled by temporary employee, the temporary incumbent in the position shall be considered for the
position ag the same time as regular staff applicants. An open selection process mra restricted in-house
process can beconsidered.
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Muupeninsula Regional Open Space District
PERSONNEL POLICIES & PRUCEDURES `
SECTION 2.2. ORIENTATION
All new employees shall be provided with a copy of the Personnel Policies and Procedures Manual,District Safety
� Manual, and other information about the structure, employees, salary and benefit administration, and other
�
activities of the District as maybe deemed appropriate. Employees shall be required 0o sign a statement which
� stipulates they have received and will take it upon themselves to read all pertinent materials.
�
SECTUON2.3. PROBATIONARY PERIOD
(a) All appointees to regular District positions shall fu|G|| a standard probationary period of at least mix
consecutive months xf service.All appointees 0u the assistant general manager position,program manager
positions,and positions which are appointed peace officers shall fulfill a standard probationary period of
at least 12 months cfservice.
Whenever a longer probationary 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 more than three months beyond the original probationary period.Employees shall be notified
in writing of any extended probationary period and the reason for the extension. Reasons for an
extension may include, but are not limited to,the absence of the probationary employee from work.
(b) A probationary employee can be terminated at any time during his or her probationary period without
cause and without the right mf appeal mrgrievance.
(d) In the case of promotional appointment,a promoted employee may,at any time during the probationary
period,be reduced in classification cx 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 he re-evaluated 0o
determine whether he or she is still qualified to fill the class designation from which promoted. If the
employee is qualified hm fill the position and if the reinstatement necessitates the layoff nf 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 io defined aothe
length of continuous paid employment in the District class,shall take precedence.
(e) A newly hired probationary employee will have no class seniority status prior to completion of his or her
probationary period.
SECTUON2,4. WORKDAY
(a) The official District office hours,at which time all public records of the District shall be open to public
� inspection,will be set 6v the Board of Directors inthe'Rules of Procedure. The regularly scheduled eight
hour workday for full-time employees at the main office shall be set by the General Manager and shall
� include the office hours mf9:8OA.k4.to5:OUP.M. The regularly scheduled eight hour workday for field
� staff employees shall be set ona regular basis by the Operations Manager. Notification of these hours
shall be distributed a*least annually toemployees. Any proposed changes in the established regularly
�
scheduled eight hour workday shall be distributed to employees in advance for review and comment
before the schedule isfinalized. /\n employee's one-half hour to one hour personal meal break is not a
part of the eight hours comprising the workday(unless it is an official business meal). Employees are
entitled to take a short rest period mfupto ten minutes within each half day worked. Such rest periods
shall be identified with the scheduled work hour and should be taken at a time and in a manner that does
not interfere with the efficiency ofan employee's section.
Specific workday schedules are to be approved by an employee's supervisor.
(b) Supervisors and office staff may be eligible to participate in a nine day, eighty hour alternative work
schedule(also program) in accordance with administrative guidelines for the program.
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Moupeninsula Regional Open Space District
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SECTION 2.5. ATTENDANCE
(a) Employees shall be in attendance at their regular places of work in accordance with the rules regarding
hours of work, holidays, vacation, and leaves of absence. Specific rules shall be implemented as
necessary by the General Manager or by specific Section or Program Manager designated by the General
Manager.
(b) Employees shall not absent themselves from their work duties for any reason,other than those specified
in these rules authorizing sick leave,without making prior arrangements with their Section or Program
Manager or the General Manager. Unless such prior arrangements are made,an employee,who for any
reason fails to report to work, is expected to make a genuine effort to take all reasonable steps to notify
immediately the Program or Section Leader or the General Manager of the reason for the absence.
(c) Any employee's unauthorized absence from the employee's work duties may be deemed to be an
absence without pay and may be cause for disciplinary action, including termination.
SECTION 2.6. PERSONNEL RECORDS
(a) A service or personnel record shall be maintained for each District employee.
(b) The personnel record file shall include the employee's name,title of position(s)held,the program(s)to
which assigned,salary,change in employment status,training received,and other information considered
pertinent to the employee's employment record. The personnel record file shall be considered the
employee's official employment record.
(c) A Personnel Action Notice shall be the official document used to update an employee's personnel record
file.
(d) An employee's personnel record file shall be considered confidential and,subject to State law,shall be
accessible only to the following:
(1) The employee and/or a designated and authorized representative of the employee.
(2) Administrative staff authorized by the General Manager and designated supervisory staff of the
employee.
(3) Upon subpoena from a court of competent jurisdiction.
(e) The Administration and Human Resources Manager shall be responsible for maintaining the integrity of
the personnel record files and the central personnel file.
SECTION 2.7. CHANGE TO A DIFFERENT WORK UNIT
An employee may request a change from one position to another position in a different District work unit or class.
Such transfer request shall be made in writing to the employee's current Section and/or Program Manager who
shall refer the request with a recommendation to the General Manager or designee. Transfer requests shall be
considered when a suitable vacancy occurs; however,no employee shall be transferred to a position for which
he or she does not possess the minimum qualifications.
SECTION 2.8. LAYOFF
(a) Layoffs resulting from lack of work,lack of funds,or organizational changes may be made by the General
Manager on the basis of comprehensive evaluation of employees' qualifications and performance in a
given position. When these factors are relatively equal, due consideration shall be given to an
employee's seniority.
(b) The General Manager shall make every reasonable effort to retain regular District employees through
transfers.
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(c) All regular employees shall be given a minimum of two weeks written notice of their layoff from District
employment.
SECTION 2.9. VOLUNTARY TERMINATION
Any employee voluntarily terminating District employment shall give a minimum of two weeks written notice prior
to the employee's last actual work day. An employee may be granted an earlier voluntary termination date with
the approval of his or her supervisor.
SECTION 2.10. Ex0[ INTERVUEW
The Administration and Human Resources Manager shall hold an exit interview with each terminating employee.
The interview shall include apprising the employee of benefits due and how to arrange hm receive them,
documenting reasons for the termination,and an employee's evaluation of his or her position. The exit interview �
form shall be retained in the employee's personnel record file. �
�
SECTION 2.11. EMPLOYEE RELATIONS �
� Following the intent of the State of California Public Labor Law, Manager�nagerobd e�| provide
� employees to review and provide input on matters affecting the employees' wages,hours, benefits,and working
�
conditions.
� SECTKON2.12. POLITICAL AcKUvKTy �
�
Nothing contained in these rules shall affect the right of the employee to hold membership in and/or supporta
� political party,to vote as he or she chooses,to express privately his or her opinions on all political subjects and
candidates or to maintain political neutrality, or to attend political meetings. An employee must exercise due �
discretion in all such activities in order toprevent public misunderstanding that such actions may represent the �
�
District or to bring discredit to the District, the Board of Directors, General Manager, or the employee's
supervisors. �
�
� SECTION 2.13. NEPOTISM
(a) |n accordance with Government Code 1294Uand regulations issued by the Fair Employment and Housing
Commission,the District will not refuse 0m employ a person or deny employment benefits to person
� solely based upon the person^s marital status. Employee selection and conditions mf employment shall
�
not be based upon whether an individual has a spouse presently employed by the District,except:
(1) For reasons nf supervision,safety,security or morale,the District may refuse to place one spouse
under the direct supervision or under the supervisorial chain of command of the other spouse;
(2) For reasons of supervision,security or morale,the District may refuse to place both spouses in
the same Program if the work involves potential conflicts of interest,or other hazards greater for
� married couples than for other persons;
�
(3) If co-employees marry,the District shall make reasonable efforts Uo accommodate them. This
accommodation may include any mf the following:
a. Assigning job duties or field work stations so as to minimize problems of conflict of interest,
supervision,safety,security or morale;
b. Transfer ofone employee 0wa position removed from the other spouse's Program oxfield
work station or transfer of either the supervising or supervised employee from the
supervision mx chain of command mf his or her spouse,and
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PERSONNEL POLICIES & PROCEDURES
c. Delegation of any and all supervisory powers and duties of the supervisorial spouse to
another District supervisor so that the employee spouse will no longer be under the
supervision or chain of command of his or her spouse. This will include any power the
supervisorial spouse may have to evaluate,discipline,hear grievances,employ or discharge
his or her spouse. This power of delegation shall extend to all supervisors and Program
Managers, including the General Manager.
(b) This policy shall be equally applicable to immediate family members or domestic partners of District
employees. The term "immediate family" is defined as husband, wife, son, daughter, father, mother,
brother,sister,grandfather,grandmother,father-in-law, mother-in-law,aunt, uncle, stepchild,and any
relative of the employee living in the employee's household. "Domestic partner" shall have the same
definition as that set out in the District's Sick Leave Usage Policies.
(c) Any District employment of members of the immediate family of a District employee or official shall be
based solely upon District employment policies and procedures. No District employee or official shall
attempt to intervene in or influence a District decision whether or not to employ his or her relative or
concerning any terms and conditions of such employment.
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�
ARTICLE .� � ��������U CONDUCT, DISCIPLINE, l[��x��8�����U���J J&�d�� JK8aK���U
^~~^~ ~~~�� ^~ ~~�`~�~~^~� ~-�~' ~~~~^~~^v ~~^~-~^^ �^' ~�� ^�~~`^^' ~^~~ ~~~' ~v ~ ~ ~~� ^~~ ~ ~~~�
� SEC0ON3.1. DISCIPLINARY ACTION
With respect to disciplinary action,the following applies toem������� �t���a| ���.
� . .
� (a) Disciplinary action can range from oral or written reprimands to suspension,demotion and/or dismissal �
from employment. The degree of disciplinary action depends on the severity of the offense,as well as
the number and frequency cf previous acts ofmisconduct. �
�
�
(b) It shall be the duty of all District employees to comply with and assist in effecting compliance of the
provisions mfthe District's personnel pm|icies' Mo employee shall be disciplined except for violation mf
established policies and procedures,and such disciplinary action shall be in accordance with procedures
established herein. �
�
(C) Any of the following actions may constitute grounds for disciplinary action:
(1) Abandonment nfposition;
(2) Absence from duty without approval; �
(3} Abuse o/leave privileges;
NV Below-standard work performance; �
(5) Discourteous or abusive treatment of the public,a supervisor or other employees; �
(6) Drunkenness cx use of narcotics mr habit-forming drugs mr being under their influence during �
working hours;
�
(7) Fraud mr misrepresentation in securing appointment mvpromotion;
(8) Insubordination;
(9) Misuse o/District property,funds,mrrecords; �
(lO) Neglect ofduty;
01> Willful deceit;
(12) Failure to adhere to or comply with approved operational or safety guidelines; |
(13) Failure to keep required work hours;
(14) Other acts which, in the determination of the General Manager,are incompatible with the best
interests of the District or which,in the determination of the General Manager,reflect discredit
um the District;and
(15) Any conviction by court which, in the determination of the General Manager, would be
incompatible with the work performed for the District by the affected employee.
(d) Any mf the following types mf disciplinary action may beused:
(1) Counseling: Disciplinary counseling io any discussion with an employee designed to help the
� employee remedy identified problem(s) in skills, abilities, or work performance. Whenever
� possible,counseling should be used prior tn taking a more formal action and shall be used as
� follow-up after a more formal action.
�
(2) | warning is averba| notice advising an employee that the employee's
behavior mx performance must beimproved. |t defines areas where improvement is needed,sets
goals,and informs the employee that failure to improve may result in more serious action. The
employee's supervisor,Section Leader or Program Manager should record the date and content
of the oral warning,but no record need be placed in the employee's personnel record.
(3) formal written notice tmanemployee that the employee's
performance or behavior must be improved. It contains the same elements as the oral warning.
When appropriate,the written warning should be used in conjunction with a Plan for Individual
Improvement proposed by the employee's supervisor and approved by the Section and Program
Manager,asappropriate.
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i
A copy of the written warning and Plan for Individual Improvement will be placed in the
employee's personnel record. A letter may be placed in the employee's personnel file stating
that corrective action followed.
(4) Reprimand: A reprimand shall be given by the General Manager upon recommendation,where
appropriate, by a Program Manager. It is an official written notice to the employee that the
employee's performance or behavior is seriously below standard and that continuation of such
performance or behavior will subject the employee to more serious disciplinary action,including
possible discharge. A reprimand shall not be issued until the employee has been informed of
the charges involved and has had an opportunity to reply, orally or in writing, to them. The
reprimand and the employee's response, if any, become a permanent part of the employee's
personnel file.
(5) Suspension: A suspension is the temporary removal of an employee from the employee's duties
without pay. Suspension without pay should be used when all other positive means have been
tried without success and the Section and/or Program Manager,where appropriate,has reason
to believe that the suspension will bring about the improvement needed in the employee's
performance or behavior. Suspensions can only be made by the General Manager and for no
longer than thirty calendar days.
(6) Demotion: A demotion may be issued for a period not to exceed six months. At the end of the
demotion period,the employee will be reinstated to his or her original level or discharged.
(7) Discharge: A discharge is the termination of the employee from the employment of the District.
Discharge shall not require advance notice and may be effected immediately,
(e) The power to reprimand,suspend,demote,or discharge is granted solely to the General Manager. The
General Manager shall personally inform the employee in writing of the charges involved.
(f) The provisions of this section are directory only, and any failure to perform any procedures or ad
recommended herein shall not form the basis for any legal action against the District, its officers,agents,
or employees.
(g) Any employee who is affected by a disciplinary action may initiate a grievance under the provisions of
Section 3.2 of these policies.
SECTION 3.2. GRIEVANCE PROCEDURE
(a) The General Manager, after appropriate actions described below, shall promptly consider employee
grievances relating to employment conditions and take appropriate action as required. However,
informal resolution of all grievances between the employee or employees and immediate supervisor(s)
is encouraged.
(b) The following steps shall be followed in submitting and processing a grievance which has not been
informally resolved:
(1) Step 1. If the aggrieved employee or group of employees is not satisfied with their immediate
supervisor's reply to their oral grievance, they shall present their oral grievance to each
supervisory level in their work unit, including the Program Manager if necessary. At each step
up to and including the Program Manager, replies shall be given the aggrieved employee(s)
within five working days of the grievance's presentation date.
(2) Step 2. If the oral grievance is not settled in Step 1, it shall be put in writing,dated,and signed
by the aggrieved employee or group of employees and presented to the Administration and
Human Resources Manager within five working days after the Program Manager's oral reply was
given,not including the day on which the answer was given. The Administration and Human
Resources Manager shall reply in writing to the grievance within five working days of the date
11
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PERSONNEL POLICIES & PROCEDURES
of the presentation of the written grievances, not including the day of its presentation. The
Administration and Human Resources Manager shall consult with intermediate supervisors as
necessary during the grievance procedure.
(3) Step 3. If the written grievance is not settled in Step 2,it shall be put in writing,dated and signed
by the aggrieved employee or group of employees and presented to the General Manager within
five working days after the Administration and Human Resources Manager's written reply was
issued,not including the day on which the answer was given. The General Manager shall reply
in writing to the grievance within five working days of the date of presentation of the written
grievance,not including the day it was presented. The General Manager may conduct whatever
research and/or formal hearings necessary before rendering a decision. If such a hearing is
called, it shall be conducted formally with a recording or written summary of the proceeding.
There should ordinarily be no more than twenty work days used in order to process the hearing
and render a written finding.
(c) The decision of the General Manager shall be final and binding on the employee or the group of
employees.
(d) Any grievance not taken to the next step within five working days after receipt of a decision from the staff
member involved in the previous step shall constitute an action of acceptance,and the grievance shall
be considered settled.
(e) If the appropriate course of action fails to meet or resolve any grievance within the described time limits
for such action,such grievance shall automatically advance to the next step.
(f) The time limits prescribed in this section for the initiation and completion of the steps of the grievance
procedure may be extended by mutual consent of the parties involve. Likewise,any step in the grievance
procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing,and shall
be signed by all parties involved.
(g) The initiation of a grievance in good faith by an employee shall not cast any reflection upon the
employee's standing with his or her superiors, nor upon the employee's loyalty to the District.
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�
� ����U��U � �� � K~U ���U�U��&�U���� Q»U �hJ
,~,~, ,~^�� , ~^~~,~~,, ,~~~~ ,~~', PLAN
�
� SECTION 4.1. POSITION CLASSIFICATION PLAN
(a) A Position Classification Plan shall be adopted and may be amended bythe Board of Directors.
� (b) The Position Classification Plan shall include all regular District staff positions as defined by class
� specifications and identified by the class titles. The Plan shall be developed and maintained yn that all
� positions substantially similar with respect bm duties, responsibilities,and authority are included within
� the same class,and that the same schedules of compensation may be made to apply with equity under
like working conditions 0n all positions |n the same class.
(c) The General Manager shall be responsible for keeping the Position Classification Plan current through
periodic studies of the positions within the organizational structure of the District.
SECTION 4.2, TITLES AND SPECIFICATIONS
� (a) The Position Classification Ptansha|| indudeddeohxt6evariouoclassesnxposbiono. job titles shall refer
' to 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 Class Specifications containing the title,
definition,examples of typical tasks,education and/or training required for each position.
� Class Specifications for 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) Program Managers shall recommend the creation ofa 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 0m the Board cf Directors tmcreate the position.
(c) Upon approval wf the Board of Directors,the position shall be created and the Administration and Human
Resources Manager shall assign the position to the Position Classification Plan according hman existing
classification or shall create new classification.
(d) Vacant budgeted positions are filled at the discretion mfthe General Manager.
� (e) Temporary assignments must be approved by the General Manager and are for a specificperimdofbme
normally determined bybudget.
SECTION 4.4. REcLASBUFUKAQ[UON
(a) Positions may be reclassified by the General Manager whenever the duties of the position are changed
through additions,deletions,nrmodifications,provided the reclassification can be accomplished within
the limitations of the current fiscal year budget. Reclassifications requiring budgetary changes must be
approved by the Board ofDirectors.
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M.apeninsula Regional Open Space Dis..ict
PERSONNEL POLICIES & PROCEDURES
(b) Program Managers shall recommend position reclassifications to the General Manager,outlining in detail,
on appropriate forms,the reasons for the reclassification. The General Manager shall review all relevant
information to determine whether the position should be reclassified.
(c) Upon approval of the General Manager,and the Board of Directors if necessary, the position shall be
reclassified, and the Administration 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) The reclassification of a position shall not be used as a substitute for disciplinary action or to avoid
restrictions concerning compensation.
(e) The retitling of a classification involves the changing of a job title,but not the duties or qualifications or
the salary range assigned the classification.
SECTION 4.5. EFFECTS ON INCUMBENTS OF POSITIONS BEING RECLASSIFIED
If a filled regular position is reclassified,the incumbent shall be promoted,reassigned,or transferred to the new
class in accordance with regular recruitment and selection procedures,except as indicated below.
(a) The General Manager may grant reclassification status to a qualified incumbent, directly upon
reclassification, if the position is being reclassified upward and all the following criteria are met:
(1) the incumbent has occupied the position for at least the aggregate of one year on a full-time basis;
(2) the duties of the position have gradually evolved without any purpose on the part of anyone to
evade personnel rules;
(3) the reallocation is between classes within the same occupational group with no more than fifteen
points between the salary range of the former and new class;and
(4) the incumbent has the exact or comparable qualifications necessary to perform the work assigned
to the position.
(b) The General Manager may grant reclassification status to a qualified incumbent,directly upon
reclassification, if the position is being reclassified downward.
14
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PERSONNEL POLICIES & PROCEDURES `
�
^&Rl[UK-UE 5 - COMPENSATION
�
� SECTION 5.1. COMPENSATION PLAN
� (a) The General Manager mthe General Manager's designee shall prepare a Compensation Plan which shall
� prescribe minimum and maximum rate of pay appropriate for each District job classification. This
Com�ns�icmP|� y�U �ap��� by�e ���D���n
� '
� (b) The salary range for each District class shall equitably reflect the difference in duties and responsibilities
and shall generally berelated in salary tn comparable positions in other places of employment within a
related and relevant job market.
SEKTUON5.2. ANAUYsUsOF COMPENSATION PLAN
The General Manager shall review the compensation received by District employees at least once annually. Such
review shall cover, but not necessarily be limited to, such items as change* in the Consumer Prime Index and
salaries and benefits received by employees in the related labor market. The General Manager will report the |
findings of this review ag least once annually to the Board of Directors with recommended actions as appropriate.
SECTION 5.3. APPOINTEE COMPENSATION
(a) Upon initial appointment 0ma regular District position,the appointee shall ordinarily receive the minimum
salary for the class 0m which the position isallocated.
(b) When the appointee iu exceptionally qualified for a position, the General Manager may make the
appointment aga salary level above the minimum.
SECTION 5.4. PROMOTIONAL COMPENSATION
/\n employee promoted hma class having a higher salary range shall be appointed ak the beginning mf the salary
range of the new class or receive an adjustment equivalent to five points above the employee's present salary
(limited by the top of the new salary range), whichever is greater. In addition, the employee will receive an
adjusted merit increase (limited to the top of the new salary range)based on the number of months worked since
the last annual evaluation in accordance with the following schedule:
Months* Worked Since Writ
� Last Annual Evaluation Increase
� 1 month O.Opmints
J months 0.5 points
�
3months 1.0poimts
4momho 1.5points
5 months I.00ointo
6montho 2.5 points
7 months 3.0pmnts
Omomths 3.5 points
9 months 4.0points �
10montho 4`5pwints
11 + months S.Opnints
*Month is equivalent to 30 days. Add total days since last annual evaluation and divide by 30. Round off to �
nearest month.
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Miupeninsula Regional Open Space District
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SECTION 5.5. ACTING APPOINTMENT
(a) Exempt Employee-An exempt employee formally assigned by the General Manager to perform the work
of a higher classification,normally due to a position vacancy,shall be paid at least five points more than
his or her current salary or the minimum salary range assigned to the higher classification whichever is
greater,for a specific period of time designated by the General Manager as long as the acting appointment
exceeds fifteen working days. Acting pay shall begin on the first day the employee is assigned the higher
classification responsibilities. Assignment of appropriate duties of a higher classification during the
temporary absence of an employee due to vacation, illness,or short-term leave may be made without
benefit of additional compensation.
(b) Non-Exempt Employee-A non-exempt employee formally assigned by the General Manager to perform
the work of a higher classification, normally due to a position vacancy or a temporary absence of an
employee due to vacation, illness,or short-term leave shall be paid at least five points more than his or
her current salary or the minimum salary range assigned to the higher classification,whichever is greater,
for a specific period of time designated by the General Manager as long as the acting appointment
exceeds five consecutive working days. Acting pay shall begin on the first day an employee is assigned
the higher classification responsibilities. After the five working days threshold, acting pay shall be
retroactive to the first day of the acting appointment assignment. If more than one non-exempt employee
is formally assigned by the General Manager to perform the work of a higher classification,the employees
involved shall be compensated on a pro-rata basis.
(c) An acting appointment shall not be given for more than six months, unless due to extraordinary
circumstances the General Manager authorizes an extension of the period on a month to month basis.
(d) The need for acting appointments to be made shall be evaluated on a case-by-case basis.
SECTION 5.6. OVERTIME AND COMPENSATORY TIME(NON-EXEMPT EMPLOYEES)
Overtime
(a) Overtime may be allowed,and overtime compensation shall be paid to non-exempt employees pursuant
to any separate policy adopted by the Board of Directors, pursuant to this section,and in keeping with
the legal requirements of the Fair Labors Standard Act and legislative amendments as they apply to public
agencies. Overtime shall be defined as that time authorized and actually worked by an employee in
excess of forty hours within the work period. For field supervisory employees,overtime shall be defined
as that time authorized and actually worked in excess of the scheduled workday or in excess of forty
hours within the work period,exclusive of a non-paid meal period. Section Leader or Program Managers
shall assign to each employee regular work duties and responsibilities which can normally be
accomplished within the established eight hour workday and the forty hour workweek.
(b) Non-exempt regular District employees are eligible for overtime compensation. No overtime can be
worked by a non-exempt regular employee without prior approval of the appropriate Section Leader or
Program Manager or designee.
Non-exempt employees shall be compensated at the rate of one and one-half times the employee's regular
hourly rate of pay for overtime hours. Holiday and vacation time,sick leave,and leaves of absence with
pay are included in the computation of hours worked for the purpose of calculation of overtime.
Compensatory Time Off
(c) Compensatory time off may be requested by a non-exempt employee in lieu of all or part of overtime pay.
Time off requests are subject to the approval of an employee's Section Leader and/or Program Manager
or designee.
f n time off in lieu of overtime is approved and is taken within
If an employee's request or compensatory t e pay ppr
the same forty hour work period in which the corresponding extra hours were worked,the time off is
computed at a straight time rate since the time-and-one-half compensation rate only applies after forty
hours have been worked in the work period.
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M,upeninsula Regional Open Space District
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If an employee's request for compensatory time off in lieu of overtime pay is approved and is taken off
after the forty hour work period in which the corresponding extra hours were worked, said time off is
computed atamne-and~nne-ha|f rate basis.
(d) |fa field supervisory employee's request for compensatory time in lieu of overtime pay is approved and
taken off on the workday in which the extra hours were worked,the time off is computed as straight time.
|fa field supervisory employee does not request and use the compensatory time off on the workday in
which the extra hours were worked,the compensatory time off will be computed at a one-and-one-half-
timerate'
�
� (e) An employee may accumulate up to thirty three and one-third hours of extra hours (50 hours of CTO).
If payment is subsequently requested for said accumulated compensatory time, it shall be paid at the
employee's overtime hourly rate.
SECTION 5.7. SHIFT DIFFERENTIALS
� h Non-exempt field personnel will receive differential of $2'O8 per hour for each hour
actually worked between 7:00 P.M.and 6:00 A.M. on any shift. The differential shall apply to overtime
hours the same ao straight time hours. Effective April 1,20O1,the night shift differential shall increase to
$2.2S per hour.
(b) SplitShi —Non-exempt field personnel assigned to work a split shift will receive a differential of$30 per
workday for each split-shift actually worked.
SECTUON5.8. SALARY ADMINISTRATION
(a) District employees shall be paid according to a salary plan adopted by the Board of Directors.
Adjustments to the salary plan and/or administrative guidelines may be made by the Board upon
recommendation o/the General Manager.
(b) The salary plan adopted by the Board of Directors shall contain administrative guidelines and shall be
considered a*supplemental tw these rules.
(c) Payroll deductions will be made for legally required,employee,and General Manager approved items.
(d) Regular work timecards,which record all hours worked mr for which compensation is requested (e.g.,
holiday,vacation,sick,or personal leave time)for each pay period,shall be approved by the appropriate
Section or Program Leader prior 0msubmittal bm the Administration and Human Resources Manager for
payroll preparation.
(e) An employee, due 0mexceptional personal circumstances o/extreme hardship, may request a payroll
� advance equivalent 0m9O% cf the employee's estimated net pay for work already performed,and inthe
� case of an employee going on vacation for accrued vacation time or other leave time already earned
which will be used during the vacation. All requests must b*made inwriting to the Administration and
Human Resources Manager and shall normally take two workweeks tw process ifapproved. Requests will
be evaluated mnacae-by-campbasis.
SECTION 5.9. UNIFORM COMPENSATION FOR FIELD SUPERVISORY STAFF
(a) New Hires ' Newly-hired employees working in the classifications of Operations Manager, Area
Superintendent, Supervising Ranger and Maintenance and Construction Supervisor will receive their
initial regular uniform items from the District atnu cost hn the employee. The list wd regular uniform items
will beaofollows:
1) 1 uniform straw hat(includes hat band,chin strap and rain cover)
2) 3 long sleeve uniform shirts
� 3) 3 short sleeve uniform shirts
|
/ 4) 1 uniform jacket
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A,peninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES
5) 1 uniform insulated vest
6) 1 uniform basket weave leather belt
7) 3 pairs uniform twill pants
8) 1 pair uniform hiking shorts
9) 2 pairs uniform socks
10) 1 uniform cap
(b) Allowance Amount—The General Manager shall set the annual allowance for replacing worn-out regular
or optional uniform items by April 1 of each year.
The District will pay any additional cost for oversized uniform items that are commercially available(not
custom or tailored items).
i
(c) Eligibility/Prorating-Employees will become eligible to use the uniform allowance at the completion of
their probationary period. With respect to the time between the probationary period completion date and
the next April 1,the allowance will be prorated based on a full year's allowance.
(d) Full Allowance-Employees will have access to a full year's uniform allowance on April 1 following their
probationary period completion date and every April 1 thereafter.
(e) Direct Use and Responsibility-Employees will use the uniform allowance directly with vendors,without
prior approval from supervisors. It will be the employees' responsibility to monitor the use of their own
allowance;any expenditures which exceed the allowance must be reimbursed to the District.
(f} Provided Items (No Cost) - In addition to the uniform allowance in Section (a)above, the District will
continue to provide items it has provided in the past at no cost to the employees.All items covered by
this section remain the property of the District and will be returned to the District upon separation from
District employment.
(g) Boots,Coveralls,Raincoats and Rainpants-In addition to Section (a)above,the District will provide work
boots,coveralls,and adequate rainpants and adequate hooded raincoats to the employees. These items
will be replaced at the request of the employee,on approval of their immediate supervisor.
The District will provide steel-toed work boots at the employee's request. All items covered by this
section,with the exception of work boots and optional raingear purchased all or in part with uniform
allowance money,remain the property of the District.
(h) Boot Replacement-As to replacement of boots,there will be an option to rebuild rather than replace
under the following conditions:
(1) In the event the immediate supervisor agrees a pair of boots needs to be replaced,but the boot
is not significantly damaged,the supervisor may opt to have the boots rebuilt instead of replaced,
except that:
a. This option will not apply to the first pair of boots any employee seeks to replace under
this Article;and
b. A single pair of boots may be rebuilt at the supervisor's option only once.
(2) Employees may opt to rebuild the same pair of boots,without limitation,and pay for the repairs
from the uniform allowance. This employee option will be completely separate and independent
from the District's obligation to replace the boots with a new pair.
(i) Bicycle Patrol Uniforms-The District will provide each Supervising Ranger one pair of long bicycle
pants and one bicycle jacket.
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' /��pen0nsu� Open Space| �� Regional ^ -~--- � —'
/ PERSONNEL POLICIES & PROCEDURES `
ARTICLE 6 ~ BENEFITS
SECTION6.1 BENEFIT PLANS
� Each regular full-time District employee shall be entitled to receive the following benefits. Medical,dental,and
� vision care benefits for regular part-time(one-half time m«greater)employees will be provided nma pro ratabasis.
�
� (a)
(a) Medical Insurance
The District will provide medical insurance through the[aPERS Health Program,which offers achoice
of several medical plans available to District employees. In conjunction with the Ca|PERS Health
Program,the District will implement a Section l2G cafeteria plan that employees can use bn pay for the
� cost wf medical,dental,and vision plan benefits ona pretax basis. Through the cafeteria plan,the District
will contribute a specified amount of money(cafeteria fund amount)to be used to pay for the cost of these
benefits. The cafeteria fund amount will consist of the total of the cash equivalent of the CaIPERS Kaiser
Foundation medical plan premium at the one party,two party,or family premium rate as appropriate for
each employee, plus the dental plan and vision plan premiums. The cafeteria fond amount will be
adjusted accordingly whenever the cost o/the premiums for the medical,dental,ov vision plans changes.
In the event thaCa|PEKS Kaiser Foundation medical plan becomes unavailable, the District will
� contribute to the cafeteria fund an amount equivalent to the average of the cost of the premiums at the
une-party,2-pa/4\and family premium rate,aaappropriate for each employee, mf the Ca|PERSHealth
� Program plans available tw District employees in Santa Clara County and San Mateo County.
Employees may elect u higher or |mmver cost medical plan than the Ca|PERS Kaiser Foundation plan.
Employees who select a higher cost medical plan will be required to pay the difference in premium
� between the CAPERS Kaiser Foundation plan premium and the premium for the higher cost medical plan.
�
Employees who select a lower cost medical plan may apply the difference in cost to the District's
� deferred compensation plan in his/her name;apply the difference in premium to other benefit costs;or
receive the difference in cash.
�
� If an employee is currently covered under a private or a spouse's or domestic parUner's medical plan,
� basically equivalent to that provided bythe District, the employee may elect bovvaive such coverage
�
through the District.An employee who elects to waive medical coverage will receive the cash equivalent
of one-half of the CAPERS Kaiser Foundation one-party medical plan premium,and may elect to use it
for other benefit costs; contribute itUo the District's deferred compensation plan |n his mr her name; or
receive itin cash. |n the event the CAPERS Kaiser Foundation medical plan becomes unavailable,the
employee will receive the cash equivalent of one-half ofthe average one-party premium rate of the
CAPERS Health Program plans available to District employees in Santa Clara County and San Mateo
County.
The District will providesame-sex domestic partner medical coverage in the CAPERS Health Program
plans at the same level of contribution it pays for two party and family coverage,to the extent and in the
manner in which the CAPERS Health Program allows for the domestic partner'oenrollment. Domestic
partner sha|| beas defined in Section 12.1(G)(4)
� (b) Dental Insurance
�
| The following dental plan is available to District employees: Delta Dental Plan as provided to the District
| as a subgroup of Santa Clara County. The District will provide a similar plan if the Delta Dental Plan
| becomes unavailable.
/
| The District will pay the full premium cost wf the dental plan coverage for employees and dependents.
|
If an employee is currently covered under a private or spouse's or domestic partner's dental plan,basically
� equivalent tp that provided by the District,the employee may elect on waive such coverage through the
| District./\n employee who elects to waive dental coverage will receive the cash equivalent ofone-half
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Mlupeninsula Regional Open Space Disi.act
PERSONNEL POLICIES & PROCEDURES
of the dental premium,and may elect to use it for other benefit costs;contribute it to the District's deferred
compensation plan in his or her name;or receive it in cash.
The District will provide same-sex domestic partner coverage in the plan listed above, if the plan allows
for the domestic partner's enrollment.
(c) Vision Care
The following vision plan is available to District employees:Vision Service Plan as provided to the District
as a subgroup of Santa Clara County. The District will provide a similar plan if the Vision Service Plan
becomes unavailable.
The District will pay the full premium cost of the vision plan coverage for employees and dependents.
An employee may elect to waive vision plan coverage through the District. An employee who elects to
waive vision coverage may elect to apply the full amount of the vision plan premium toward other benefit
costs;contribute it to the District's deferred compensation plan in his or her name;or receive it in cash.
The District will provide same-sex domestic partner coverage in the plan listed above, if the plan allows
for the domestic partner's enrollment.
(d) Life Insurance
Basic life insurance coverage equivalent to two times annual salary will be provided by the District and
the premiums will be paid by the District. Supplemental life insurance and accidental death and
dismemberment insurance are available to employees as optional benefits. The premiums for optional
benefits are to be paid by the employee.
(e) Long Term Disability Insurance
The District will provide long term disability insurance coverage for all employees,and the premium will
be paid by the District.
(f) Employee Assistance Program
The District will provide an employee assistance program for all employees and their dependents,paid
for by the District.
(g) Retirement
The District will contract with the California Public Employees' Retirement System (PERS)to provide the
local miscellaneous 2%0 55 Retirement Plan. The District will pay on behalf of all employees covered
under PIERS the currently required employee contribution to this Plan.
(h) Dependent Care and Medical Reimbursement
The District will offer a Dependent Care Plan and Medical Expense Reimbursement Plan in accordance
with Internal Revenue Code Section 125, which will enable employees to pay for dependent care
expenses and unreimbursed medical,dental,and other health expenses on a pre-tax basis.
(i) Retiree Medical Coverage
An employee who retires from the District and who begins receiving CalPERS retirement benefits within
120 days of separation from District employment will be eligible to continue his or her CaIPERS medical
plan coverage during retirement. The District will contribute$50.00 per month toward the cost of such
employee's retiree medical plan premium.
SECTION 6.2. HOLIDAYS, PERSONAL LEAVE, AND ADMINISTRATIVE LEAVE
Holidays
(a) The eleven paid holidays to be observed each year by office staff and Area Superintendents shall normally
consist of:
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PERSONNEL POLICIES & PROCEDURES `
New Year's Day
Martin Luther King Jr. Day �
Presidents' Day
Memorial Day
� Independence Day �
� Labor Day
� Veterans' Day
� Thanksgiving
� The day after Thanksgiving �
Last workday preceding the Christmas Day observance
�
Christmas Day �
�
The eleven and one-half paid holidays to be observed each year by Supervising Rangers and Maintenance
and Construction Supervisors shall normally consist of-
New Year'sDay �
Martin Luther King Jr. Day
Presidents' Day
Memorial Day �
Independence Day �
Labor Day �
Columbus Day
Veterans' Day
Thanksgiving
The day �
. �
Last four hours of last workday preceding the Christmas Day observance �
Christmas Day �
�
(b) Regular part4ime employees are eligiblefor the same paid holidays ona pro rata hour basis according
tw the average number of hours they work.
�
(c) An employee who|s in paid status the day before and after holiday shall be eligible for paid holiday �
benefits as described herein.
�
(d) If a paid holiday falls on Saturday,the holiday shall be observed onthe preceding Friday. If paidhol|day
falls on Sunday,the holiday shall be observed om the following Monday. For employees scheduled Um
work Saturday and Sunday,holidays will be observed on the actual day they occur.
(e) Holidays which occur during an employee's vacation shall not becharged against vacation time.
A0 An employee who works on a scheduled holiday has three choices for compensation:
(1) One and one-half times the regular rate uf pay plus a replacement holiday within the following
two weeks, provided the supervisor and the employee can reach mutual agreement on the
replacement day.
(2) One and one-half times his or her normal pay plus the corresponding number of hours added
tm his/her holiday bank.
(3) Two and one-half times his ur her normal pay.
�
� (g) When a holiday falls on a regularly assigned day off, a non-exempt employee will receive the
corresponding number of hours in his/her holiday bank.
(h) The holiday bank will be administered according to the following provisions:
(1) Time from the holiday bank must be used in eight hour(i.e.,full-day)increments;however, if the
total balance remaining in the bank is less than eight hours,the employee shall be allowed to use
the balance subject Vn#3below.
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Moupeninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES `
(2) Employees may use accumulated holiday time to cover portions of scheduled vacations.
(3) Employees who wish 0m schedule time off covered bv the holiday bank shall submit requests to
� their supervisor. Such requests shall be approved with due consideration for the desires ofthe �
�
staff and for the requirements mf the work location. �
�
(4) Any time remaining in the "holiday bank" at the end of the calendar year shall be paid to the �
employee in cash ag the current rate mf pay on December 31 of the same calendar year subject
to subsection (6)below.
(S) Employees who terminate during the calendar year shall be paid for all time remaining imtheir
holiday bank ag the current rate ofpay.
(8) Employees assigned hm work the last four hours of the workday preceding Christmas Day and/or
Christmas Day or whose regular days off occur on the holidays may convert up to 12 unused
holiday hours tovacation.
(i) The General Manager may grant,with the appropriate Program Leader's recommendation, permission
to an employee to work on a designated holiday in exchange for taking another regular work day off.
The employee shall ba compensated at his or her regular hourly rate for each hour worked.
Personal Leave
0 Regular full-time administrative office staff and area superintendents shall be eligible for twenty-eight(28)
hours personal leave time each calendar year. Regular full-time supervising rangers and maintenance and
constructions supervisors shall be eligible for twenty-four (24)hours personal leave time each calendar
year. Regular part-time employees shall be eligible for a pro-rated number of hours of personal leave time
according 1w the average number o/hours worked.
(k) With forty-eight hours' advance notice and supervisor approval,an employee may use personal leave
hours at his/her discretion. !n emergency situations,supervisors may approve use mf personal leave with
less than forty-eight hours' notice. Except in emergency situations,no reason for use mfpersonal leave
need begiven.
(1) Personal leave hours must be taken in one-half hour minimum increments and cannot be carried over
� from one calendar year toanother.
(n) Employees will not be reimbursed for unused personal leave hours a8the time they terminate District
� employment. If an employee terminates during the year, having used more personal leave hours than
the portion of the year worked,the employee will reimburse the District the difference.
(n) /\n employee hired during the course nfa calendar year will receive aprm-rata number od personal leave
hours for the remainder mf that calendar year.
Administrative Leave— Exempt Employees
(0) Administrative Leave time will be granted to the Assistant General Manager,Program Managers,and other
exempt employees on January 1 wf each calendar year asfollows:
(1) The Assistant General Manager and Program Managers will receive sixty-four (64) hours of
Administrative Leave time per calendar year. �
�
(2) Exempt employees who are required to regularly attend night and/or weekend meetings or conduct
night and/or weekend trainings will receive forty (40) hours of Administrative Leave per calendar
year. The exempt classifications eligible to receive forty(40)hours of Administrative Leave shall be
designated by the General Manager.
(3) All other exempt employees will receive twenty-four (24)hours of Administrative Leave per year.
(p) Administrative leave time must be taken in one-half hour minimum increments and cannot be carried over
� from one calendar year tmanother.
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Apeninsula Regional Open Space Distumct
PERSONNEL POLICIES & PROCEDURES
�
(q) No more than Qhours of administrative leave time may be added to vacation time for purposes of �
extending ascheduled vacation,unless additional use of administrative leave is approved in advance by
the General Manager. �
hi Managers and other exempt employees will not bereimbursed for unused administrative leave time at �
�
the time they terminate District employment. If a manager or other exempt employee terminates during
the year,having used more administrative leave hours than accrued for the portion of the year worked, �
� the employee will be required 0o reimburse the District for the diffenenoe.
� �
� (s) A manager or other exempt employee hired during the course of a calendar year will receive a pro-rata �
� numberofadmini�radve |eav�hours���heremnainderof�hag��|endan>��r
� . �
SECTION 6.3 VACATION
. �
(a) All regular District employees shall accrue vacation time with full pay according to their date of hire and
�
hours worked. All regular part-time District employees shall accrue vacation time on a pro-rata basis in �
accordance with the number cf hours paid,exclusive ofovertime. �
�
(b) All regular District employees shall accrue full-paid vacation according to the following schedule: �
Years mfService Accrual per Hour Paid Equivalent 8-Hour Days
Per Year(Full Time) �
�
1'9 0125769hc 15
10- 14 0.07692hr. 20
15- 19 0.08077hr 21 �
20-24 0.08846hr. 23
25+ 0.09615hr. 25
�
*Days/year for part-time regular employees will be automatically pro-rated to the same percentage as their
hours per week bear to40.
(d Employees may accrue up0o two times the amount mf their annual vacation. Employees who reach this
accrual limit will not accrue any additional vacation days unless and until the amount of their accrued �
vacation time falls below the accrual limit.
(d) Vacation shall not normally be taken in increments ofless than one-half hour
(e) Section Leader and/or Program h designee shall approve vacation requests from their
respective staff members with due consideration for the desires of the entire staff and for the work
requirements mf the section. Vacation schedules may bea|teredUna||ow the section 0n meet emergency
mv unanticipated situations.
V0 Employees who have an accrual of a minimum of 120 hours in their leave balance on December 1 of
each year may elect tw cash out upto forty(4O)hours of such leave. Such requests must bereceivedin
writing by December l6of each calendar year.
(g) Upon termination,employees shall be compensated ak their current hourly rate cf pay for any vacation
accrued but not used. Terminating employees will receive their vacation cash-out with their final
paycheck.
� (h) Employees are not eligible to accrue vacation during a leave of absence without pay. Employees are
| eligible tm accrue vacation during a leave of absence with pay.
|
| (U In the event temporary employee is hired to fill a regular staff position,the employee will be able to
| apply the amount of time he or she was a temporary employee toward his or her vacation accrual rate.
|
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Mwpeninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES
SECTION 6.4. SICK LEAVE
(a) All regular District employees shall accrue sick leave with full pay at a rate of 0.04615 hours per hour
paid,exclusive of overtime,for a total of 12 days per year for full-time employees. Sick leave shall accrue
from the date of employment and may be accumulated on an unlimited basis.
(b) Employees are eligible to use sick leave for the following reasons:
(1) Personal illness or physical disability.
(2) Quarantine by a physician.
(3) Illness or disability of an immediate family member or domestic partner requiring the employee
to be unavailable for work,subject to(g)below:
(4) Worker's Compensation.
(5) Health care appointments.
(c) Sick leave shall be recorded on the employee's time card. Sick leave must be used in increments of one
hour except for health care appointments.
(d) Sick leave may be used for health care appointments including medical, dental, vision or employee
assistance program appointments. No less than one-half hour of sick leave may be charged for a health
care appointment,and sick leave usage over one hour will be computed in tenths of an hour.
(e) Any employee who is unable to report to work because of any of the reasons set forth in Section 6.4(b)
shall report the reason for absence to his or her supervisor by the designated starting time each day he/she
is unable to report to work unless physically unable to do so. Sick leave with pay may not be authorized
for compensation unless such a report is made. For a prolonged illness,special arrangements regarding
notifying a supervisor may be made.
(f) Upon resignation,separation from service,or retirement from District employment,employees in good
standing with ten 0 0)or more years of District employment will receive a cash payment of the equivalent
cash value of accrued sick leave as follows:
Years of Employment Percentage of Equivalent Cash
Value of Accrued Sick Leave
10— 15 20%
16—20 25%
21 or more 30%
Employees who retire from the District and elect to continue CaIPERS medical plan coverage during
retirement may elect to 1)apply the equivalent cash value of 100%of accrued sick leave toward their cost
of the retiree medical plan premiums,or 2)receive a cash payment of the percentage of equivalent cash
value of accrued sick leave based on years of employment as described above,and apply the remainder
of the equivalent cash value toward his/her cost of retiree medical plan premiums. In all cases the
equivalent cash value of accrued sick leave will be based on current rate of pay as of the date of
separation from District employment.
(g) An employee may use up to 96 hours per year to care for a member of his/her immediate family or his/her
domestic partner,requiring the employee to be unavailable for work. Immediate family is defined as an
employee's husband,wife,son,daughter,father,mother,brother,sister,grandmother,grandfather,father-
in-law,mother-in-law,and any relative of the employee living in the employee's household. For purposes
of Section 6.4,the domestic partner of an employee is defined as an unmarried person who resides with
the employee and has done so for a period of at least six months,and who intends to reside with the
employee indefinitely and share the common necessities of life. Domestic partners will be required to
complete,sign and file with the District an "Affidavit of Domestic Partnership."
(h) If an employee is ill on a designated paid holiday,the holiday shall be charged as holiday time and shall
not be charged against sick leave.
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Mid peninsula Regional
onal Open Space District
PERSONNEL POLICIES & PROCEDURES
(i) An employee who is injured or becomes ill while on vacation may petition the Administration and Human
Resources Manager to be paid for sick leave in lieu of vacation provided that the employee:
(1) was hospitalized during the period for which sick leave is claimed,or
(2) received medical treatment or diagnosis and presents a statement indicating illness or disability
signed by a physician covering the period for which sick leave is claimed.
Requests for sick leave in lieu of vacation shall be approved if the provision(s)noted above are satisfied.
(j) An employee absent on paid sick leave five days or more may be required to submit to the appropriate
supervisor verification from a physician or licensed practitioner of his/her illness or injury and ability to
return to work. An employee absent on paid sick leave three days or more in order to care for an
immediate family member or domestic partner under Section 6.4(g) will be required to submit to the
appropriate supervisor verification from a physician or licensed practitioner of the family member's or
domestic partner's illness or injury and the inability of that person to care for their needs independently.
(k) If an employee uses all of his or her accrued sick leave,the employee may request his or her accrued
vacation leave be deducted for each day absent due to illness or injury. In the absence of accrued
vacation time,the employee may request a disability leave of absence in accordance with Section 6.5(a),
or an advance of sick leave in accordance with Section 6.4 (1). In the absence of such leave being
granted,the absence will be charged to other accrued leave.
(1) If an employee has exhausted or will exhaust his or her accrued sick leave, up to 10 days of sick leave
may be advanced to an employee by the General Manager on a case-by-case basis to cover the
employee's absence. The request must be made in writing to the General Manager in advance of the
absence for which the sick leave is requested. The General Manager may request supporting statements
from the employee's health care provider. Upon termination,the employee must reimburse the District
for any advanced sick leave not covered by subsequent accrual.
(m) Abuse of the sick leave privilege shall be cause for disciplinary action.
SECTION 6.5. LEAVES OF ABSENCE WITHOUT PAY
(a) Employee Disability/Family Care Leave
In the event a regular District employee is unable to perform the duties of his or her position because of
illness, injury, or pregnancy,a disability leave of absence without pay will be granted. In addition,a
regular District employee who has been in the service of the District for at least one year will be granted
a family care leave of absence without pay for the birth or adoption of a child,or care of the employee's
spouse,domestic partner,child or parent if the individual has a serious health condition. A serious health
condition is an illness, injury, impairment,or physical or mental condition that involves in-patient care
at a hospital, hospice or residential medical facility or continuing treatment of a health care provider.
(1) The employee disability/family care leave will be granted for a period not to exceed four months.
An extension on a month to month basis of up to an additional eight months may be granted by
the General Manager,upon written request,on a case by case basis. In the case of pregnancy,
the employee disability/family care leave will be granted for a period of up to seven months,
depending on the employee's period(s)of actual disability. An extension on a month to month
basis,up to a maximum total of 12 months leave,may be granted by the General Manager,upon
written request,on a case by case basis.
(2) Any employee requesting such a leave shall make the request in writing to the General Manager
and attach supporting statements from the attending health care provider regarding the
employee's or family member's health condition. Such statements must indicate that the
duration of the leave requested is necessary for the employee's recovery from the disability,or
for the care of the family member.
(3) An employee on employee disability/family care leave,during the time he or she is on leave,may
use accrued vacation and sick leave,subject to any restrictions on use of sick leave to.care for
family members in Section 6.4(g). During the period the employee on leave uses accrued
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Midpeninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES
vacation and sick leave,vacation and sick leave benefits shall continue to accrue at the regular
rate, but shall be discontinued on the date when all such paid benefits have been used. Leave
of absence without pay shall commence at that time.
(4) The District shall continue to provide and pay the premiums for health,dental,life insurance,and
other insurance benefits to the same extent provided other regular District employees up to a
maximum of three months while the employee is on an employee disability/family care leave of
absence without pay. If the leave extends beyond the three months,the employee may elect to
continue such benefits for the duration of the leave,and premiums for such extended coverage
shall be paid by the employee. Such extension(s)of coverage shall be subject to any restrictions
in the applicable benefit policy or plan.
(5) If the leave is for the employee's disability or for the care of a child,spouse,domestic partner or
parent with a serious health condition,the leave may be taken intermittently or on a reduced
leave schedule (equivalent in time to [1] above), provided it is medically necessary, can be
scheduled without adversely affecting the operations of the District, and is approved by the
General Manager.
(b) General Leave for Other Than Disability or Family Care
(1) A leave of absence without pay and benefits for a period of at least six days but not to exceed six
months may be granted a regular District employee who has been in the service of the District
for at least one year, provided such a leave can be scheduled without adversely affecting the
operations of the District. Request for such a leave shall be directed in writing to the General
Manager and shall contain justification for the leave.
(2) A short-term leave of absence without pay for up to five days per fiscal year may be granted a
regular District employee who has successfully completed the probationary period and who has
no more than two weeks of vacation accrued at the time of the commencement of the leave,
provided such a leave can be scheduled without adversely affecting the operations of the District.
Requests for such a leave shall be approved by the employee's program manager.
(3) If the approved leave of absence is more than five working days but less than four weeks,the
employee will be required to reimburse the District for the pro-rata share of the employee's
benefit costs. If the approved leave of absence exceeds four weeks,the employee may,to the
extent available under the applicable plan,elect to continue health,dental, life insurance,and
other insurance benefits,in which case premiums for such extended coverage shall be paid fully
by the employee.
(4) Adjustment of Anniversary DateNacation Accrual: If an employee is on leave of absence without
pay in excess of twenty working days, the employee's anniversary date for purposes of
evaluation,pay increases and vacation accrual shall be extended by the number of days included
in the period of leave without pay.
O SECTION 6.6. LEAVE F ABSENCE WI
TH PAY
three consecutive working will
a Bereavement Leave: A leave of absence with a not to exceed t ee co secut e � days be
O pay g Y
granted a regular District employee in the event of the death of a member of the employee's immediate
family. The Administration and Human Resources Manager may allow the use of accrued sick leave for
up to two days to supplement the three days of bereavement leave when travel to distant locations or
other circumstances require the employee's absence in excess of three days.
For purposes of bereavement leave, "immediate family" shall mean the mother, father, grandmother,
grandfather, son or daughter,aunt or uncle of the employee or the spouse or domestic partner of the
employee and the spouse,son4n-law,daughter-in-law,brother,sister,grandchild,brother-in-law or sister-
in-law of the employee,or any relative living in the immediate household of the employee.
(b) Witness or jury Duty: A leave of absence with pay will be granted a regular District employee
subpoenaed as a witness in a matter related to an event or transaction involving the employee which
26
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PERSONNEL POLICIES & PR{3[EQURE6 `
occurred inthe course of his/her duties or called for jury duty as long as any compensation the employee �
� receives for such duty,except for meal and mileage reimbursements, is waived or signed over to the
� District. Regularly scheduled work time lost because mf such duty shall not affect the employee's accrual |
of vacation,sick,mn personal holiday time.
�
(c) Military regular emplo�w��am���� ��o� ���a��c����
'— |
the Armed Forces of the United States shall be granted atemporary,short-term military leave with pay,
up0o one month in one fiscal year,when the employee receives bona fide orders bo temporary active cx }
training duty. Such leave, which shall be requested in writing from the Administration and Human
Resources Manager,shall be granted without loss of time, pay,mr other leave and without impairment �
to merit ratings or other rights or benefits to which the employee is entitled unless the employee fails to
return Un his wr her position at the District immediately following the expiration of the period for which |
he or she is ordered tm duty mv fails tm reimburse the District for any compensation received from the
�
United States Government for services rendered while mn military leave from the District.
SECTION 6.7. WORKER DISABILITY COVERAGE
/
If,during the performance-- |
Compensation,the District will augment Worker's Compensation,long term disability,and other benefits inorder /
to provide for full pay for the disabled employee up to a maximum of 90 days without use of the employee's
�
accrued leave time,except that the employee must use accrued leave time to cover the 3-day waiting period for
Worker's Compensation temporary disability payments, unless the employee is hospitalized as an inpatient or |
unable Um work more than 14days. Worker Disability Coverage will also apply to follow-up medical appointments �
|
that occur during work time as a result wfan industrial illness or injury covered by Worker's Compensation
. �
Worker Disability Coverage will not be provided if the District offers the employee a modified duty assignment
within the employee's medical limitations and the employee declines the modified duty assignment.
SECTION 6.8. EDUCATIONAL OPPORTUNITIES
(a) All District employees are encouraged to pursue educational opportunities which directly relate to their
work,a»well ao other opportunities which will add to the employee's education and/or skill level and
are intended to prepare the employee for future job assignments with the District.
(b) Employees who register for courses which are adjudged to be of direct and significant benefit to the
District may receive reimbursement for expenses incurred while taking approved courses. Application
shall be made on forms provided by the District and must be approved in advance of taking the course
by appropriate supen/ismrh0 and the Administration and Human Resources Manager.
(C) Approval of courses for which an employee may receive reimbursement and the type and amount of
reimbursement shall be made by the Administration and Human Resources Manage/ on an individual
� basis within budgetary limits. The limit to the amount of tuition and book reimbursement which may be
| made per fiscal year per employee is$600.00.
|
| (d) All approved reimbursements shall be made upon the satisfactory completion of course work and the �
obtaining mfaminimum passing grade nf"C" or "Pass". �
�
(e) Employees shall not bacompensated for time spent in attendance ag educational opportunity courses.
/
| SECTION 6.9. WORKER"BCOMPENSATION INSURANCE
' (a) All employees are covered by Worker's Compensation Insurance for medical expenses and disability
� benefits for injuries or illness incurred in the course of their employment. An injury or illness sustained
on the job must be immediately reported to the Administration and Human Resources Managerso that
appropriate accident report forms can becompleted.
(b) Payment of medical expenses and lost time disability benefits is determined by the insurance carrier,on
the basis of the dmctmr'o statement and the Worker's Compensation Insurance.
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Midpeninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES
(c) The cost of Worker's Compensation Insurance is paid by the District.
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ARTICLE 7. GENERAL PROVISIONS
1
SECTION 7.1. NONDISCRIMINATION AND SEXUAL HARASSMENT
(a) Policy
It is the policy of the Midpeninsula Regional Open Space District to promote an employment environment
free of unlawful discrimination. Discrimination on the basis of race,religion,creed,political affiliation,
color,national origin,ancestry,sex,sexual orientation,age,marital status,medical condition,or mental
or physical disability is unlawful and will not be tolerated by the District.
The District strongly forbids any form of discrimination by its officers or employees,and has enacted these
regulations to identify and eliminate unlawful discrimination. Any employee, including managers,
supervisors or otherwise,engaging in harassment or other discrimination may be subject to disciplinary
action,up to and including discharge.
Both State and Federal law provide protection for employees who have been the subject of unlawful
employment discrimination,and prohibit retaliation against employees who have reported or otherwise
opposed discriminatory practices. Employees who assist the District in discovering and eliminating
unlawful discrimination will not be retaliated against for their participation.
(b) Harassment
Harassment on the basis of race,religion,creed,political affiliation,color,national origin,ancestry,sex,
sexual orientation,age,marital status,medical condition,or mental or physical disability is prohibited.
Verbal or physical conduct relating to these categories constitutes harassment when it:
(1) Has the purpose or effect of creating an intimidating,hostile or offensive working environment,
(2) Has the purpose or effect of unreasonably interfering with an individual's work performance;or
(3) Otherwise adversely affects an individual's employment opportunities.
Conduct which might constitute harassment would be conduct reasonably considered to be offensive,
including:
(1) Offensive verbal conduct, including epithets, derogatory comments, slurs, demeaning jokes,
nicknames,sexual innuendoes,whistling,propositions,threats,or profanity;
(2) Unwanted physical conduct including touching, assault, impeding or blocking movement,
interference with normal work,or gestures;
(3) Offensive visual conduct, including display of posters,calendars,cartoons,drawings,or pictures;
or
(4) Unwanted sexual favors.
(c) Sexual Harassment
Sexual harassment is a form of unlawful sex discrimination and will not be tolerated by the District.
Federal and State guidelines provide that unwelcome sexual advances, requests for sexual favors and
other verbal,visual,or physical conduct of a sexual nature constitute unlawful harassment when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment,
(2) The submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
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� Miupeni nsula Regional Open Space District
� PERSONNEL POLICIES & PROCEDURES `
(3) Sexual advances,requests for sexual favors or other verbal or physical conduct of a sexual nature
have the purpose m effect mf unreasonably interfering with an employee's work performance wr
cf creating an intimidating,hostile,mv offensive work environment.
Sexual harassment does not refer to occasional compliments or other behavior of socially
acceptable nature. It refers to conduct that is not welcome,that is offensive,that fails to respect
the rights and dignity of others, that lowers morale and that, therefore, interferes with work
effectiveness.
(d) Complaint Procedure:
The goal of a nondiscrimination complaint procedure is to stop discriminatory behavior in a prompt and
effective manner,while still maintaining aoamd working relationship among the District's employees.
All District employees have the right to file complaints of alleged discrimination. The procedure for filing
such complaints ioasfollows:
(l) Informal Complaint: Any employee who has been harassed »hmm|d attempt immediately to
resolve the problem informally by expressing his/her discomfort with the behavior cf the offender
in acmn$kuc1ive manner, and by requesting the offender to stop the behavior. The District
' strongly urges use of the informal complaint procedure,but itis not a prerequisite*»the filing
ofaformal complaint.
(J) Formal Complaint: Any employee who believes that he or she has personally suffered unlawful
harassment or discrimination, or one who has learned of such conduct in his or her official
�
� capacity,shall promptly report it,either orally or in writing to his/her immediate supervisor,or
directly to the District Administration and Human ResourcesManager/Personnel Officer' In
making such reports,the employee need not follow any established chain of supervision,oolong
as the matter io reported tm any of the following supervisory mr managerial employees:
� a. Administration and Human Resources&1an Manager/Personnel �
� _~— - �
b' .�nyPr Program/Department
C. Any Supervisor �
d' General Manager(if above not appropriate)
The complaint may be referred to person designated by the General Manager to investigate such
complaints,asappropriate.
(3) Investigation of Complaint: Upon receipt of a complaint of discrimination, the designated
investigator will conduct prompt investigation into the allegations. The investigation may
include meeting with the complainant,the accused,and any witnesses to the conduct.
(4) Resolution: Once the investigation is complete, the responsible manager will make a
determination of the appropriate corrective action, if any, and will inform the complainant.
Written findings shall be made when appropriate. |n the event the complainant i*not satisfied
with the corrective action taken,the responsible manager will inform the complainant of their
right to file administrative charges with the Department of Fair Employment and Housing(DFEH)
cx the Equal Employment Opportunity Commission (EECJC].
(S) Confidentiality: Throughout the process, the matter subject to the complaint shall be kept as
confidential as possible. Materials pertaining tnthe complaint which do not form a basis for
discipline shall be maintained in a file separate from the personnel files of the participants.
|
� (6) Dissemination of Policy: Copies of the District's Nondiscrimination Regulations,and of these
| complaint procedures,shall be provided to all employees ofthe District upon issuance,and bm
|
all new employees at the time of hiring. From time to time,the District may also conduct training
� for its employees tmassist them in learning how tm recognize,avoid and correct discriminatory
|
behavior.
| (e) Obligation of District Employees and Officers
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PERSONNEL POLICIES & PROCEDURES
The District officer responsible for ensuring the District compliance with this policy is the Administration
and Human Resources Manager.
I
Employees are responsible for knowing the District's policy on nondiscrimination; refraining from
discriminatory behavior, including harassment;reporting incidents of discrimination in a timely fashion;
cooperating in any investigation concerning allegations of discrimination;and maintaining confidentiality
concerning any investigation that is conducted.
In addition,managers and supervisors are responsible for ensuring that their employees are aware of the
District's policy on nondiscrimination;enforcing the District's policy among those they supervise;when
discriminatory behavior is found to be occurring, taking prompt, appropriate corrective action that is
reasonably designed to make the behavior stop.
All employees are also encouraged to communicate with one another to assist co-employees to avoid
harassing,discriminatory,or otherwise offensive behavior. I
SECTION 7.2. CONFLICT OF INTEREST
I
(a) No officer or employee of the District shall be financially interested,directly or indirectly in any contract,
sale,or transaction to which the District is a party and which comes before said officer or employee or I
before the respective Program or Section with which the employee is connected for official action.
(b) Any contract,sale,or transaction in which any officer or employee of the District is or becomes financially
interested shall become void at the election of the District.
I
SECTION 7.3. OFF-DUTY EMPLOYMENT
(a) Employees who wish to perform wok during their off-duty hours from District employment must be aware
that such work can potentially create problems regarding their position with the District. Off-duty
employment is a very sensitive problem for the District due to potential conflict of interest, citizen
complaints,and unwarranted liability. Any employee engaging in off-duty employment
must understand
that dual employment or enterprise may conflict with an employee's responsibility and obligations to the
District, reflect criticism or bring discredit on the employee or the District, jeopardize confidential
information concerning the District's activities,add to sick leave or injury liability of the District,or affect
the efficiency of an employee in the performance of his or her duties. Any such adverse effects will be
reflected in performance evaluations and may have both salary and career implications. Therefore,it is
necessary to have a sound, fair, and equitable policy defining off-duty employment and establishing
proper procedures for administering this policy as deemed appropriate under the guidelines of the
Government Code,Division 4,Title 1,Article 4.7,Section 1125 et seq.
(b) To this end, any regular District employee engaged in, or wishing to engage in, outside or self
employment must notify his or her supervisor in writing. The supervisor will discuss such outside
employment with the employee to insure mutual understanding of potential problems. In the case of
conflict of interest,or in the event of current or future marginal performance by the employee at his or
her District job,the employee will be required to abstain from such outside employment or to leave the
District's employment.
When agreements cannot be reached between the supervisor and the employee regarding potential
problems from outside employment, the matter will be referred to the General Manager for final
resolution.
(c) Nothing in this section shall preclude the District and employees from entering into a specific agreement
restricting the amount of time and type of employment in which an employee may engage during off-duty
hours.
(d) Administrative policy guidelines shall be promulgated and periodically updated in order to provide
appropriate guidelines to employees and supervisors for considering off-duty employment requests and
defining those District positions and restrictions for which more restrictive work agreements may be
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Miupeninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES
required. Such guidelines shall be discussed with potential employees before hiring and circulated
among all District employees biennially.
SECTION 7.4. TRAVEL EXPENSES
(a) Use of Private Vehicle -The District will reimburse employees for mileage incurred while using their
private vehicles for District business. Reimbursement will be in accordance with approved IRS and
administrative policies.
(b) Other-The District will reimburse employees,according to approved administrative policies,for expenses
incurred while traveling on District business. Employees are responsible for retaining all necessary
receipts, completing appropriate travel expense forms,and securing necessary approval signatures for
expenses incurred.
SECTION 7.5. TRAINING
(a) Hours spent in a required and assigned training program class that results in an employee waking in
excess of the normal forty hour workweek will be compensated at one-and-one-half time
overtime/compensatory time off rate. Employees will not be compensated for meal and personal time
connected with a training program class.
(b) Commute time using a personal or District vehicle in excess of an employee's normal regular commute
from home to work and back to home and outside of an employee's normal work hours shall be
considered compensable work time.
(c) Extended non-vehicular travel associated with a required and assigned training program class will not
be considered compensable commute time.
(d) Reimbursement for meals, which are not pre-paid, while attending a required and assigned training
program class will be made by the District,according to approved administrative procedures. Employees
are responsible for retaining all necessary receipts,completing appropriate forms,and securing necessary
approval signatures for expenses incurred.
(e) Courses,workshops,seminars or similar type training programs that are not required by the District but
are attended voluntarily by a District employee will be evaluated on a case-by-case basis to determine
if the attending employee will be compensated for registration fees, lodging, meals, hours spent in
attendance,commute time,or any other costs. The evaluation of what costs,if any,the District will cover
will be made on the basis of other work priorities, value of the training to the District, and budget.
Request and approval for time away from the job and expense reimbursement must be made in advance
and in writing.
SECTION 7.6. CONFERENCE/CONVENTION ATTENDANCE
Decisions concerning an employee's request to attend a conference,convention,or other meeting at the District's
expense shall be authorized in advance by the Section and/or Program Manager and approved in advance by the
General Manager. Permission shall be granted on the basis of the employee's participation in or the direct relation
of the employee's work to the subject matter of the gathering.
Members of professional organizations and/or societies may be permitted edto attend regular meetings of the
organization and/or society when such attendance is considered to be in the best interest of the District.
Employees shall not be compensated for time in attendance or travel to and from a conference, convention, or
meeting in excess of eight hours per day since employees are not required to attend such activities and since they
benefit personally from such participation.
SECTION 7.7. REIMBURSEMENT FOR PROFESSIONAL DUES AND MEMBERSHIPS
The District will,for each General Manager appointee and within budget approved by the Board of Directors,
reimburse the lesser of$100 or one-half of annual dues or membership(s)in professional organization(s)(total per
employee per year). Any such reimbursed dues or memberships must be shown to be of substantial direct benefit
to the District as to increased knowledge and job skills. Additionally,it must be shown that the District will save
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PERSONNEL POLICIES & PROCEDURES
at least as much money in membership discounts by virtue of reduced conference,training and seminar fees,and
cost of books(for members as opposed to non-members)for such events as would have otherwise been attended.
In cases where an employee is required by the General Manager to join a professional organization,the District
will pay the full cost of the membership dues.
Subject to budget availability,the District will pay the cost of a license or registration for an employee when the
employee is required to perform a service for the District for which the license is legally required,provided that
the employee uses this license or registration for the exclusive benefit of the District. This reimbursement is based
upon the District's requirement for the use of the license, and not merely because the employee possesses a
license.
SECTION 7.8. TIME OFF TO VOTE
(a) If a voter does not have sufficient time outside of working hours to vote at a statewide election,the voter
may,without loss of pay,take off enough working time which,when added to the voting time available
outside of working hours,will enable the voter to vote.
(b) No more than two hours of the time taken off for voting shall be without loss of pay. The time off for
voting shall be only at the beginning or end of the regular working shift,whichever allows the most free
time for voting and the least time off from the regular working shift,unless otherwise mutually agreed.
(c) If the employee on the third working day prior to the day of election,knows or has reason to believe that
time off will be necessary to be able to vote on election day,the employee shall give the employer at least
two working days written notice that time off for voting is desired, in accordance with the provisions of
this section.Said written notice should explain why the employee does not have sufficient time outside
of his or her working hours to vote and should be forwarded to the Administration and Human Resources
Manager via the employee's supervisor.
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Miupeninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES
APPENDIX A - CATASTROPHIC LEAVE PROGRAM
Catastrophic Leave Program
The Catastrophic Leave Program is designed to assist District employees(called receiving employees)who have exhausted
paid time credits due to a serious,catastrophic or debilitating illness,injury or condition of the employee or a member of
the employee's immediate family (as defined in Section 6.4(g)). This program allows other District employees (called
donating employees)to make grants of time to that employee so that he/she can remain in a paid status for a longer period
of time,thus partially reducing the financial impact of the illness, injury or condition. The grants of time donated to the
receiving employee are converted to sick leave for use by the receiving employee.
I
Conditions for Receiving Employees
There are four criteria for eligibility as a receiving employee. The receiving employee must: j
1. Be a regular full-or part-time District employee;
2. Exhaust all available paid leave time,including sick leave,vacation,personal leave,holiday or holiday bank time,
and compensatory time off,
3. Have a sustained,serious or debilitating illness, injury or condition which may need to be verified by a doctor's
report, or have a member of the immediate family with a sustained, serious or debilitating injury, illness or
condition which requires the employee's absence from work to care for the family member.
4. Be prevented from returning to work for at least 30 days and have applied for a worker disability or family care
leave of absence without pay. j
To apply to be a receiving employee under the Catastrophic Leave Program (see Appendix A),an employee completes an I
Application for Catastrophic Leave. The application is submitted to the Administration and Human Resources Manager
for approval.
I
An employee may be asked to submit supporting medical documentation (i.e.,a statement from his/her doctor)with the
application. Approval or rejection for participation must be made by the Administration and Human Resources Manager
within two weeks after the completed application is submitted. An employee may be asked to verify his/her status for
continuing eligibility for the program.
If an employee's application is approved to be a receiving employee,the Administration and Human Resources Manager
will meet with the employee or his/her family members to determine the degree to which the employee's or family
member's catastrophic illness, injury or condition is to be kept confidential.
The Administration and Human Resources Manager will distribute a Donation of Accrued Time Credits form to all full-time
and part-time District employees so they can specify donations they wish to make to the receiving employee.
Benefits available to a receiving employee participating in the program will be treated as though the additional sick leave
credited to him/her belongs to him/her. For as long as a receiving employee remains in a paid status,seniority,sick leave
and vacation accrual and all benefits will continue as though the sick leave were his or hers.
The total credits received by the employee shall normally not exceed three months;however, if approved by the General
Manager,the total leave credits received may be up to a maximum of six months.
Conditions for Donating Employees
Donations must be made to a specific person on a form signed by the donating employee and submitted to the
Administration and Human Resources Manager. All donation information will be considered confidential. A donating
employee can, if he/she chooses, inform the receiving employee of the donation made.
Employees may donate the following types of accrued time credits:
■ vacation time
• personal paid leave time
• holiday bank time
• compensatory time off(non-exempt employees)
■ sick leave—one hour of accrued sick leave maybe donated for every two hours of other types of accrued
leave time
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PERSONNEL POLICIES & PROCEDURES
Donations must be made in one hour increments. There is no limitation on the number of hours that may be donated.
The donations will be converted to sick leave time and credited to the receiving employee's sick leave time balance on
an hour-for-hour basis. The pay the receiving employee receives will be at his/her own rate of pay.
Under any circumstance,donations,once made,are forfeited forever by the donating employee. If the receiving employee
returns to work,any time the donating employee(s)has contributed will remain with the receiving employee and not revert
to the donating employee(s).
In order to donate, a Donation of Accrued Time Credits form must be submitted to the Administration and Human
Resources Manager for processing.
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Regional Open is
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-61
Meeting 00-11
May 10, 2000
AGENDA ITEM 5
l
AGENDA ITEM
Adoption of Resolutions to Contract for Coverage Under the Public Employees' Medical and
Hospital Care Act, Fix the Employer's Contribution at $ O(1'I'er Month, and Provide
Benefits to Domestic Partner's of Employees and Annui is
GENERAL MANAGER'S RECOMMENDATIONS p _
1. Adopt the attached Resolution Electing to be Subject to Public Employees' Medical and
Hospital Care Act and Fixing the Employer's Contribution at an Amount Greater than that
Prescribed by Section 22825 of the Government Code, effective August 1, 2000.
2. Adopt the attached Resolution Electingto be Subject to Section 22873 of the Public
J
Employees' Medical and Hospital Care Act, which allows a contracting g agency to provide
benefits to the domestic partners of employees and annuitants.
DISCUSSION
CalPERS Health Plan Coverage
The proposal to contract with the CalPERS Health Plan Program was approved at your April
26, 2000 meeting as part of the Memorandum of Agreement between the District and SEIU
Local 715, and also as part of the salary and benefit adjustments for office, supervisory, and
management staff(see reports R-00-52 and R-00-53 respectively). The CalPERS Health Plan
Program offers employees many more plans to choose from at lower cost than the District's
current health plan program through Santa Clara County.
The Public Employees' Medical and Hospital Care Act (PEMHCA), which governs the
CalPERS Health Plan Program, requires that public agencies enrolled in PERS health plans
offer retiree medical coverage and contribute an equal amount toward the cost of medical
coverage for active and retired employees. However, PEMCHA permits employers to
contribute a fixed amount per month toward the cost of active and retiree medical plan
coverage, and to create a Section 125 cafeteria plan to provide active employees with increased
funds to pay for the full cost of medical plan coverage. The minimum allowable contribution
is $16 per month. At your meeting on April 26, 2000, you approved fixing the employer
330 Distel Circle e Los Altos, CA 94022-1404 0 Phone: 650-691-1200
FAX:650-691-0485 - E-mail. mrosd@openspace.org # Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little,Nonette Nanko, Betsy Crowder, Kenneth C. Nitr - General Manager:L.Craig Britton
R-00-61 Page 2
contribution at $50 per month, and creating a Section 125 cafeteria benefit plan for active
employees to pay the difference between $50 per month and up to the full cost of the Kaiser
Foundation Health Plan premium for one-party, two-party, and family coverage, as
appropriate for each employee, in addition to other provided benefits.
Contracting with CalPERS Health Plan Program at a fixed $50 per month contribution rate
requires adoption of the attached Resolution Electing to be Subject to Public Employees'
Medical and Hospital Care Act and Fixing the Employer's Contribution at an Amount Greater
than that Prescribed by Section 22825 of the Government Code. Other requirements include:
• Contributing an administrative fee of half of one percent (0.5%) of the total gross
monthly premium for all enrolled employees and retirees and their dependents. The
administrative fee is variable, but by law cannot exceed 2% of the total monthly
premium. The current fee of 0.5% has been in place since 1988.
• Contributing, when assessed by the CalPERS Board, a percent of the total gross
premium to the Public Employees' Contingency Reserve Fund (CRF). The reserve
fund is variable, but by law cannot exceed 4% of the total gross monthly premium.
The PERS Board has not assessed this fee since 1985.
Coverage under PEMCHA is recommended to become effective August 1, 2000.
Domestic Partner Coverage
The District currently provides same-sex domestic partner medical, dental, and vision care
coverage, to the extent such coverage is allowable under the various plans. Same-sex domestic
partner health care coverage is available in the CalPERS Health Plan Program, and must
include coverage for domestic partners of both retired and active employees. Providing same-
sex domestic partner coverage in the CalPERS Health Plan Program requires adoption of the
attached Resolution Electing to be Subject to Section 22873 of the Public Employees' Medical
and Hospital Care Act.
Prepared by:
Deirdre Dolan, Administration and Human Resources Manager
Contact Person:
Same as above
RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT
AND
FIXING THE EMPLOYER'S CONTRIBUTION AT AN AMOUNT AT OR GREATER
THAN THAT PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT CODE
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as
follows:
Whereas, Government Code Section 22850 provides the benefits of the Public Employees'
Medical and Hospital Care Act ("the Act") to employees of local agencies contracting with the
Public Employees' Retirement System on proper application by a local agency; and
Whereas, Section 22825.6 of the Act provides that a local contracting agency shall fix the
amount of the employer's contribution; and
Whereas, Midpeninsula Regional Open Space District, hereinafter referred to as Public
Agency, is a local agency contracting with the Public Employees' Retirement System; and
Whereas, The Public Agency desires to obtain for its employees and annuitants the benefit of
the Act and to accept the liabilities and obligations of an employer under the Act and
Regulations;
Now, Therefore, Be It Resolved that the Public Agency elects, and it does hereby elect, to be
subject to the provisions of the Act; and be it further resolved that the employer's contribution
for each employee or annuitant shall be the amount necessary to pay the full cost of his/her
enrollment, including the enrollment of family members, in a health benefits plan or plans up
to a maximum of fifty dollars ($50.00) per month plus administrative fees and Contingency
Reserve Fund assessments; and be it further resolved that the executive body appoint and
direct, and it does hereby appoint and direct, the General Manager, to file with the Board of
Administration of the Public Employees' Retirement System a verified copy of this Resolution,
and to perform on behalf of said Public Agency all functions required of it under the Act and
Regulations of the Board of Administration; and be it further resolved, that coverage under the
Act be effective on August 1, 2000.
RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ELECTING TO BE SUBJECT TO SECTION 22873
OF THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
The Board of Directors of the Mid peninsula Regional Open Space District does resolve as
follows:
Whereas, Government Code Section 22850 and/or 22850.3 provides the benefits of the Public
Employees' Medical and Hospital Care Act ("the Act") to employees of local agencies
contracting with the Public Employees Retirement System; and
Whereas, Midpeninsula Regional Open Space District, hereinafter referred to as Contracting
Agency, is a local agency contracting with the Public Employees' Retirement System under the
Act; and
Whereas, Government Code Section 22873 allows a Contracting Agency to provide benefits
to the domestic partners of employees and annuitants of local agencies contracting under the
Act upon proper application; and
Whereas, The Contracting Agency desires to obtain for its employees and annuitants the
benefit of Section 22873 and to accept the liabilities and obligations of a contracting agency
under the Section;
Now, Therefore, Be It Resolved that the Contracting Agency elects, and it does hereby elect,
to be subject to the provisions of Section 22873 of the Government Code.
Claims No. 00-09
Meeting 00-10
Date: May 10, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1813 450.00 Aaron's Septic Tank Service Sanitation Services
1814 358.26 Acme&Sons Sanitation Sanitation Services
1815 396.01 ADT Security Services Alarm Service
1816 36.34 AirTouch Paging Pagers
1817 84.00 All Laser Service Printer Repairs
1818 16.76 AT&T Telephone Service
1819 2,259.56 Dana Bland&Associates, Consulting Biologists Sierra Azul Resource Inventory
1820 36.00 California Board of Equalization Diesel Fuel Tax
1821 6.59 Carter Industries, Inc. Vehicle Light
1822 1,000.00 *1 Chicago Title Company Title&Escrow Services
1823 1,997,400.00 Chicago Title Company Krone Bishop Acquisition
1824 150.00 Compurun Systems Computer Consultant
1825 54.11 Patrick Congdon Reimbursement--Office Supplies
1826 139.75 Costco Wholesale Office Supplies
1827 49.87 California Water Service Company Water Service
1828 198.46 Cellular One Cellular Phone Service
1829 128.82 Scott Cotterel Reimbursement--Uniforms
1830 46.28 Dennis Danielson Reimbursement--Uniforms
1831 10.82 D&M Consulting Engineers, Inc. Geotechnical Engineering Services
1832 117.58 Federal Express Express Mail
1833 54.89 Forestry Suppliers, Inc. Field Safety Supplies
1834 241.19 Gardenland Power Equipment Field Supplies
1835 3,112.02 Sandra Gimbal Sommer, Landscape Architect Contract Planning Services
1836 168.73 Graniterock Restroom Installation Materials
1837 360.00 GreenWaste Recovery, Inc. Dumpster Service
1838 1,861.25 Gavin Hoban GPS Mapping Project Consultant
1839 89.23 Hyster Sales Company Equipment Parts
1840 50.00 Killroy Pest Control, Inc. Weed Control Recommendation
1841 57.04 Lab Safety Supply Oil Waste Disposal Service
1842 25.00 *2 La Honda- Pescadero Unified School District Meeting Room Reservation
1843 115.05 Los Altos Garbage Company Garbage Service
1844 14.73 Magnussen Buick-Pontiac-GMC Vehicle Part
1845 183.87 MetroMobileCommunications Radio&Light Repair
1846 10.83 Moffett Supply Company Janitorial Supplies
1847 367.91 Michael Newburn Reimbursement--Propane Service
1848 1,720.37 Noble Ford Tractor, Inc. Tractor Repair and Maintenance
1849 3,502.00 North American Title Company Quam Escrow&Title
1850 800,000.00 North American Title Company Krone Bishop Acquisition
1851 255.20 Office Helper Office Supplies
1852 400.00 Old Republic Title Company Title&Escrow Services
1853 11.39 Orlandi Trailer, inc. Trailer Lights
1854 17.65 Pacific Bell Telephone Service
1855 71.40 Peninsula Blueprint Bluelines and Printing Services
1856 582.60 Pine Cone Lumber Co., Inc. Retaining Wall Materials
1857 191.24 Powerland Equipment, Inc. Equipment Parts
1858 16.28 Precision Engravers, Inc. Name Tag Engraving
1859 20.00 Howard Rathlesberger Bluebird Boxes
1860 24.98 Recreational Equipment, Inc. Uniform Supplies
1861 823.07 Roy's Repair Service Vehicle Maintenance&Repair
Page 1
Claims No. 00-09
Meeting 00-10
Date: May 10, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1862 283.45 Russ Enterprises, Inc. Signs
1863 126.11 Safety-Kleen Solvent Tank Service
1864 505.76 San Jose Mercury News "Notice to Bid" Advertisement
1865 10.00 *3 San Mateo County Public Health Lab Tick Testing
1866 1,200.00 *4 Slaght Living Trust Employee Residence-Rental Agreement
1867 523.18 Statewide Safety &Signs, Inc. Field Equipment
1868 162.50 Sun Valley Tree Care Tree Platform Removal
1869 794.40 Systems for Public Safety Recruitment Background Checks
1870 984.00 Therma HVAC Maintenance&Repair
1871 566.25 *5 Third Ear Sound Audio Sound System-Public Meeting
1872 42.22 Wolf Camera Photo Processing Services
1873 955.50 Del Woods Reimbursement-Computer Printer
1874R 66.91 Andronico's Deli Local Business Meeting Expense
1875R 130.00 Bay Area Open Space Council Conference-Staff&Board Members
1876R 52.50 Cabrillo Unified School District Room Reservation Fee
1877R 100.00 North American Title Company Escrow Extension
1878R 226.94 Petty Cash Local Business Meeting Expense, Fuel,
Nature Center Supplies&Office Supplies
In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued May 3, 2000
*2 Urgent Check Issued May 4, 2000
*3 Urgent Check Issued May 2, 2000
*4 Urgent Check Issued May 1, 2000
Total 2,824,016.85
Page 2
Claims No. 00-09
Meeting 00-10
Date: May 10, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1813 450.00 Aaron's Septic Tank Service Sanitation Services
1814 358.26 Acme&Sons Sanitation Sanitation Services
1815 396.01 ADT Security Services Alarm Service
1816 36.34 AirTouch Paging Pagers
1817 84.00 All Laser Service Printer Repairs
1818 16.76 AT&T Telephone Service
1819 2,259.56 Dana Bland&Associates, Consulting Biologists Sierra Azul Resource Inventory
1820 36.00 California Board of Equalization Diesel Fuel Tax
1821 6.59 Carter Industries, Inc. Vehicle Light
1822 1,000.00 *1 Chicago Title Company Title&Escrow Services
1823 1,997,400.00 Chicago Title Company Krone Bishop Acquisition
1824 150.00 Compurun Systems Computer Consultant
1825 54.11 Patrick Congdon Reimbursement--Office Supplies
1826 139.75 Costco Wholesale Office Supplies
1827 49.87 California Water Service Company Water Service
1828 198.46 Cellular One Cellular Phone Service
1829 128.82 Scott Cotterel Reimbursement--Uniforms
1830 46.28 Dennis Danielson Reimbursement--Uniforms
1831 10.82 D&M Consulting Engineers, Inc. Geotechnical Engineering Services
1832 117.58 Federal Express Express Mail
1833 54.89 Forestry Suppliers, Inc. Field Safety Supplies
1834 241.19 Gardenland Power Equipment Field Supplies
1835 3,112.02 Sandra Gimbal Sommer, Landscape Architect Contract Planning Services
1836 168.73 Graniterock Restroom Installation Materials
1837 360.00 GreenWaste Recovery, Inc. Dumpster Service
1838 1,861.25 Gavin Hoban GPS Mapping Project Consultant
1839 89.23 Hyster Sales Company Equipment Parts
1840 50.00 Killroy Pest Control, Inc. Weed Control Recommendation
1841 57.04 Lab Safety Supply Oil Waste Disposal Service
1842 25.00 *2 La Honda-Pescadero Unified School District Meeting Room Reservation
1843 115.05 Los Altos Garbage Company Garbage Service
1844 14.73 Magnussen Buick-Pontiac-GMC Vehicle Part
1845 183.87 MetroMobileCommunications Radio&Light Repair
1846 10.83 Moffett Supply Company Janitorial Supplies
1847 367.91 Michael Newburn Reimbursement--Propane Service
1848 1,720.37 Noble Ford Tractor, Inc. Tractor Repair and Maintenance
1849 3,502.00 North American Title Company Quam Escrow&Title
1850 800,000.00 North American Title Company Krone Bishop Acquisition
1851 255.20 Office Helper Office Supplies
1852 400.00 Old Republic Tide Company Title&Escrow Services
1853 11.39 Orlandi Trailer, inc. Trailer Lights
1854 17.65 Pacific Bell Telephone Service
1855 71.40 Peninsula Blueprint Bluelines and Printing Services
1856 582.60 Pine Cone Lumber Co., Inc. Retaining Wall Materials
1857 191,24 Powerland Equipment, Inc. Equipment Parts
1858 16.28 Precision Engravers, Inc. Name Tag Engraving
1859 20.00 Howard Rathlesberger Bluebird Boxes
1860 24.98 Recreational Equipment, Inc. Uniform Supplies
1861 823.07 Roy's Repair Service Vehicle Maintenance&Repair
Page 1
Claims No. 00-09
Meeting 00-10
Date: May 10, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1862 283.45 Russ Enterprises, Inc. Signs
1863 126.11 Safety-Kleen Solvent Tank Service
1864 505.76 San Jose Mercury News "Notice to Bid" Advertisement
1865 10.00 *3 San Mateo County Public Health Lab Tick Testing
1866 1,200.00 *4 Slaght Living Trust Employee Residence-Rental Agreement
1867 523.18 Statewide Safety&Signs, Inc. Field Equipment
1868 162.50 Sun Valley Tree Care Tree Platform Removal
1869 794.40 Systems for Public Safety HVAC Maintenance&Repair
1870 984.00 Therma Audio Sound System-Public Meeting
1871 566.25 *5 Third Ear Sound Photo Processing Services
1872 42.22 Wolf Camera Reimbursement-Computer Printer
1873 955.50 Del Woods
In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued May 3, 2000
*2 Urgent Check Issued May 4, 2000
*3 Urgent Check Issued May 2, 2000
*4 Urgent Check Issued May 1, 2000
Total 2,823,440.50
Page 2
Regional Open Space
r
_...._.............v.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
From: C. Britton,General Manager
Date: May 10, 2000
Re: FYIs
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 9 E-mail: mrosd@openspace.org • Web site: www.openspace.org
Memorandum
To: All Staff
From: John Escobar, Assistant General Manager
Subject: Update on Skyline "A-frame," House
Date: May 10, 2000
This is an update on the status of the A-f p rame house at Skyline Ridge Open Space Preserve, and
it's availability as an employee residence. Patrick and Bunny have been given the option to
remain in the house until July 1, 2000. After that date, they will be on a month to month
agreement. It is in the District's best interest to keep tenants in the house until it is needed as
employee housing. As provided for in Employee Residential Rental Agreement, Patrick and
Bunny are now paying full market rent for the residence.
At this point, there is no plan to remove the A-frame from the employee residence system.
However, the District may need this residence to facilitate the hiring or promotion of an
employee to fill one of the vacant supervisor positions, or to reconfigure work teams under new
field supervisors. In any case, there would be an opportunity for staff input prior to making any
changes to the status of the residence. Changing the status of this residence from that of an
employee residence, would also require Board approval.
Please contact me if you have any questions.
Cc: Board of Directors
Memorandum
May 8, 2000
To: Craig Britton, General Manager
From: Paul McKowan, Volunteer Coordinator
Subject: Volunteer Trail Patrol Activity Summary
From: 1/1/00 To: 3/31/00
VIOLATIONS OBSERVED
PRESERVES A0.5 g( Q �t
TOTAL PATROL HOURS
Coal Creek (12) 1 1
EI Corte de Madera (18)
Fremont Older (23) 9 9
Long Ridge (6)
Los Trancos (4)
Monte Bello (17) 1 1 1 3
M.B. Picchetti (10) 1 1
Pulgas Ridge (84) 5 5
Purisima Creek (20) 1 8 1 2 3 15
Rancho (317) 2 1 1 4
Russian Ridge (11)
Sierra Azul (13)
Skyline Ridge (9)
St. Joseph's Hill (10) 4 4 4 12
Stevens Cr. Shoreline (3)
Windy Hill (18) 6 1 6
TOTAL VIOATIONS 3 12 7 28 6 56
PER VIOLATION TYPE
PERCENTAGE OF 5% 21% 13% 50% 11% 100%
TOTAL VIOLATIONS*
Total Violations Observed: 56
Total Patrol Hours: 575
Average Patrol Hours Per Week: 44
*Violations of this type as a percentage of the total number of violations observed
Regional Open ace
s
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM - REVISED
April 28, 2000
(original memo dated 1/6/00)
TO: Board of Directors
FROM: C. Britton, General Manager
SUBJECT: Addition of the Bernard Gregory Arellano 1/36 Interest in the 32-Acre
Kirschbaum Property, Cathedral Oaks Area of the Sierra Azul Open Space
Preserve
In accordance with your Rules of Procedure, Section 260 (2), as amended on June 18, 1991
(see Report R-91-62), to wit:
The General Manager is hereby authorized to approve the acquisition of a minor
interest in or easement upon real property and accept on behalf of the
Midpeninsula Regional Open Space District deeds or grants conveying any such
minor interest in or easement upon real property to the District for public
purposes and to execute a Certificate of Acceptance as evidence thereof as
required by law, subject to the following:
1) The General Manager finds that the acquisition of such minor interest in
or easement upon real property is consistent with District policy; and
2) The cost does not exceed the General Manager's authority as provided in
Section 5549(b) of the Public Resources Code and as approved by the
Board of Directors from time to time; and
3) The General Manager informs the Board of Directors of the action or
proposed action within a reasonable period of time;
I signed a Certificate of Acceptance on December 23, 1999 and a Gift Deed was recorded on
December 27, 1999 for a 1/36 interest in the subject property (see attached map), based upon
my determination that acceptance of this gift is in accordance with the above stated policy.
The District has now received Gift Deeds of a 1/36 interest each in the property from Gen
Graves on May 14, 1998, Clifford I. Arellano on July 15, 1998, Georgette Y. Monaghan on
July 30, 1998, Eugenia Rhinehart on November 23, 1998, Barbara 1. Smith on April 6, 1999,
and Bernard G. Arellano on December 27, 1999. The District's interest in the property is now
1/6, or 16.67%. If and when the District is in a position to acquire a substantial interest in this
property, staff will provide you with a full report on the use and management aspects of the
property.
1 �
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
To: C. Britton, General Manager
TAC W
From: M. Williams, Real Property Representative
Date: May 8, 2000
Subject: Arellano Property Addition to Sierra Azul Open Space Preserve (1/6 interest)
(Final portion of 1/6 interest in Kirschbaum, et al. property)
A Gift Deed was recorded on December 27, 1999 bringing the District a 1/6 interest of this 32'acre
parcel. (See attached memorandum dated April 5, 2000.)
DEDICATIONUACQUISITION CHART INFORMATION
Ownership Status Board Approval
Preserve/Area County/A.P.N. Grantor Acres (Fee, Easement, or Date/Res. No.
Other: )
Sierra Azul/ S. Clara Arellano, et al. 5.33 Fee; 1/6 interest in SEE ATTACHED
7
Cathedral Oaks 558-29-009 32 acre property MEMO
Dedication Date/
Mgmt. Status .Status: Purchase Price
Closing Date (Open, Closed, CMU, (Intended Type (Value) GIS Code
or Other:_____) Withheld)
5/1 4/98-Graves
7/15/98-C.I.Arellano
7i30198-Monaghan $50,000.00 (value)
11/23/98-Rhinehart Closed Withheld Gift
4/6/99-Smith
12/27/99-B.G. Arellano
Misc. Notes: District has received Gift Deeds from six family members (113 6 interest x 6 gift deeds) for a
total 1/6" interest, or 16.67%).
cc: Board of Directors
D. Dolan
Operations
Accounting
Planning
1
Regional OperWaee
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMOR INDUM - REVISED
April 28, 2000
(original memo dated 1/6/00)
J TO: Board of Directors
FROM: C. Britton, General Manager
SUBJECT: Addition of the Bernard Gregory Arellano 1/36 Interest in the 32-Acre
Kirschbaum Property, Cathedral Oaks Area of the Sierra Azul Open Space
Preserve
In accordance with your Rules of Procedure, Section 260 (2), as amended on June 18, 1991
(see Report R-91-62), to wit:
The General Manager is hereby authorized to approve the acquisition of a minor
interest in or easement upon real property and accept on behalf of the
Midpeninsula Regional Open Space District deeds or grants conveying any such
minor interest in or easement upon real property to the District for public
purposes and to execute a Certificate of Acceptance as evidence thereof as
required by law, subject to the following:
1 j The General Manager finds that the acquisition of such minor interest in
or easement upon real property is consistent with District policy; and
2) The cost does not exceed the General Manager's authority as provided in
Section 5549(b) of the Public Resources Code and as approved by the
Board of Directors from time to time; and
3 j The General Manager informs the Board of Directors of the action or
proposed action within a reasonable period of time;
I signed a Certificate of Acceptance on December 23, 1999 and a Gift Deed was recorded on
December 27, 1999 for a 1/36 interest in the subject property (see attached map), based upon
my determination that acceptance of this gift is in accordance with the above stated policy.
The District haS now received Gift Deeds of a 1/36 interest each in the property from Gen
Graves on May 14, 1998, Clifford I. Arellano on Jule 15, 1998, Georgette Y. Monaghan on
July 30, 1998, Eugenia Rhinehart on November 23, 1998, Barbara I. Smith on April 6, 1999,
and Bernard G. Arellano on December 27, 1999. The District's interest in the property is now
1/6, or 16.67%. If and when the District is in a position to acquire a substantial interest in this
propefty, staff will provide you with a full report on the use and management aspects of the
property.
I
I
i
SIERRA AZUL OPEN SPACE PRESERVE
Midpeninsula Regional Open Space District
"� :.• 'o.A O i• ST.JOSEPH'S HILL 1
> P, RESERVE EN-SPACE P ( sw16-3
ti. L' ( `I �
hL 0.5 4.1 ~1
I f ►osePh's A n�f F
o-z o.1
17
1 \ I✓�
Lam-. �•... � j � ��-'' ��
/ f 1.5 2000 1
® Is zu LEXINGTON \ Pr%P . ' � < ( 2200 /�
• 1COUNTY' .., (saz31 �1.0 rRock\/ \ "' \-- .� Z l ���.'2400
``PARK 1•�V 1��J `y trail . /` V z40o i
/ > GIFT OF Priest -1.0 _ � L_ �26001
1/6 INTEREST \ X -i ' -- `- - r- \, xzoe
(KIRSCHBAUM)
J
( _ 1.6
Sod
J ;
--.—✓1-
1 aoa 2000 —-.. �� �, A ;- � � �- —_ • _ '�,,1`--�� lam,•.
�2400 / / 2400
` r
� !
(SAN) \ ! �1 ,/ 1400 2600 �
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Al
J -
/ l
a �
l
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 �— r 1 ` j /" - ` _ <
1600
One Mile
L
LAI11D1I /-%. LIVVfLI%1 1 L%_^_tA1IVIV IVI/1f 4i99
Regional Open ace
------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
' To: C. Britton, General Manager v
-W*�<(Ii
From: M. Williams, Real Property Representative
Date: May 8, 2000
Subject: Quam Property Addition to Russian Ridge Open Space Preserve
Escrow closed for the subject transaction on April 21, 2000 and title to and possession of this 94.8
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 April 12,
2000.
DEDICATION/ACQUISITION CHART INFORMATION
Ownership Status
(circle one] Board Approval
Preserve/Area County/A.P.N. Grantor Acres Fee, Easement, or
Date/Res. No.
Other:
Russian Ridge S. Mateo 41;12(00
Open Space 080-330-020 Quasi 94.8 Fee Res. No. 00-19
Preserve
Zigmt. Status Dedication Date/ Tv
pe
(Open, Closed, CNIli, Status: it e o
Closing Date or Other: ) (Intended Cash Purchase Price GIS Code
Withheld) rant
Gift
Finance
4 21'00 1 Closed Intended Nlgmt. SI.040.300.00
Agmt.
Lease
Misc. Notes:
cc: Board of Directors
D. Dolan
Operations
Accounting
Planning
RUSSIHN RIDGE OPEN SPACE PRESERVE
i'MDPENINSULA REGIONAL OPEN SPACE DISTRICT
of
J _
0.
l C !\
,� % ,:1 7 r �����•.� I,� ��C� hREEK�\:i�
QPENISPA <<E'PRESER�VE��= .
ti
Access Road41
-ram. �
�/i/� ' �--`\�JI `\�\�.J �• - y' _ _ :,y, ���� --� �a��, �` � _.fir
Residence
gip. Hors�Ba:;7 i
PROPOSED _� �RUSSIAN_R-'- E -
ACQUISITION �` ; ° ` =_ �. OPENJrr
SPACE PRESERVE. = ,
it QUAM, 94.8 ACRESMd
HII(11 �iln
17
( ,
„lt� �_
I
Approximate Scale: 1.0" = 0.4 Miles �
Regional Open , ice
1
1 y
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE-MEMORANDUM
To: C. Britton, General Manager
_1(V`_<C
From: M. Williams, Real Property Representative
Date: May 8, 2000
Subject: Quam Property Addition to Russian Ridge Open Space Preserve
Escrow closed for the subject transaction on April 21 2000 and
title to and o
J P possession of this 94,8
acre passed assed to the District.
P
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 April 12,
2000.
DEDICATION/ACQUISITION CHART INFORMATION
Ownership Status
(circle one) Board Approval
Preserve/Area County/A.P.N. Grantor Acres Fee, Easement, or Date/Res. No.
Other:
Russian Ride S. Mateo 4/12/00
Open Space 080-330-020 Quan) 9.1.8 Fee Res. No. 00-19
PreserN,e
Mgmt. Status Dedication Date/ Type
(Open, Closed, CMU, Status: �e
Closing Date or Other: _) (Intended ICash Purchase Price GIS Code
Withheld) ant
Gift
Finance
4/21/00 Closed intended Mgmt. $1,0.10.300.00
Agmt.
Lease
Nlisc. Notes:
cc: Board of Directors
D. Dolan
Operations
Accounting
Planning
t
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
t x
From: C. Britton,General Manager
Date: May S,2000
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
I
State of California-The Resources ncy
Memorandum
Date : April 27, 2000 2 2 D�/�__2____
D 15 t5 U t5
TO : Rusty Areias, Director
Mary Wright, Chief Deputy Director MAY
Director's Office
MIDPENINSULA REGIONAL OPEN
From : Department of Parks and Recreation SPACE DISTRICT
Community Involvement-Park Services
Subject : Tour of Midpeninsula Regional Open Space District
At your meeting with directors of park, recreation and open space agencies on
March 17 in Ontario during the California Park and Recreation Society Conference you
asked me to set up a tour of the Midpeninsula Regional Open Space District with the
General Manager, Craig Britton. Craig discussed with you some potential operational
partnerships with California State Parks. I recently met with Craig as a follow up to the
Ontario meeting, and in preparation for the tour.
The Open Space District has been successful in protecting viewsheds, habitat and
recreation trail corridors in San Mateo and Santa Clara counties and has enjoyed wide
public support for their efforts. They are effective in their mission by working in
cooperation with local, state and federal agencies as well as the non-profit land trusts.
The Open Space District is planning to expand its boundary to include the San
Mateo coast. This move is of interest to California State Parks. The Open Space
District's role compliments that of California State Parks by addressing significant land
preservation needs that cannot be addressed by the county, state or federal agencies.
You would find a tour of the district insightful in light of our strategic planning
process. Discussions would include a look at current and future potential relationships
between land-based resource agencies and models for cooperative efforts. Enclosed
is some material that would-be useful in preparation for such a tour. In particular, the
"Regional Open Space Study" provides a visual overlay of agency and non-profit
landholdings, trail corridors and potential acquisitions in San Mateo, Santa Clara and
Santa Cruz counties.
Let me know if I can do anything to assist. Ron Schafer, District Superintendent for
the Bay Area District will probably want to be present. Craig can be reached at the
Open Space District offices at (650) 691-1200.
Carol Nelson, Superintendent
Community Involvement
cc: Mary Wright
Ron Schafer
` Regional Open *ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
April 2000
P ,
Mr. Ted Lempert
Assemblyman, 21"District
P.O. Box 942849
Sacramento, CA 94296
Re: Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of
2000 Funding Request
Dear Mr. Lempert:
On behalf of the Midpeninsula Regional Open Space District, I would like to recommend a
number of open space and parkland acquisition projects to be considered by the State for funding
from the Safe Neighborhood Parks, Clean Water, Clean Air,and Coastal Protection Bond Act of
2000. These proposed projects are of keen interest to the District as they would be
complimentary to our existing open space program. The District currently owns and manages
more than 45,000 acres of public open space lands within the San Francisco Peninsula and South
Bay Area region.
Four of the five projects being recommended are located on the western slopes of the Santa Cruz
Mountains in both San Mateo and Santa Cruz Counties and one project is located near Los Gatos
and San Jose(see attached maps). Each project would make a major contribution toward the
regional efforts to provide continuous park and recreation corridors between existing parklands.
These efforts are being pursued by a number of local, regional, state and national agencies and
organizations. The projects would have statewide significance by protecting unique and diverse
habitats as well as providing recreational opportunities attracting millions of visitors Aithin and
beyond the San Francisco Bay Area.
1. Burleigh Murray Ranch State Park Additions
Total Project Cost: $39.6 million
State Parks (Proposition 12)Funding Request: $5.0 million
Coastal Conservancy: $8.0 million
District Funding: $15 million
Other Funding: $11.6 million from Peninsula Open Space Trust(POST)
The Burleigh Murray Ranch State Park additions would expand the park boundaries northward
towards State Highway 92 and Skyline Boulevard, and westerly towards the California Coastal
Trail south of Half Moon Bay. Burleigh Murray Ranch and adjoining District and Peninsula
Open Space Trust lands comprise nearly 5 500 acres of potential parkland, and extend nearly two-
thirds P P Y P Y
thirds the distance between Skyline ridge and the coastline. The critical coastal scrub habitat in
this area contains many rare and endangered species, including the red-legged frog and the San
Francisco garter snake. The additions would protect sweeping views of dramatic ridgetops above
Half Moon Bay and create a major recreation area encompassing nearly 8,000 acres. Existing
and planned trails would provide critically important regional trails links in the Bay Area Ridge
Trail and a Trail to the Sea. Near Skyline Boulevard, a missing link of the Bay Area Ridge Trail
330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200 .
FAX:650-691-0485 . E-mail:mrosd«open space.or . Web site:%c%%w.openspace.org
Board of Directors:Pete Siemens,Mary C,Davey,led Cyr. Deane Little.\onette Hanko Crowder,Kenneth C. Nitz - General at ana_,. L.Craig Brittr-
would be constructed between the San Francisco Watershed Lands and the District's Purisima
Creek Redwoods Open Space Preserve. Additionally, the Trail to the Sea corridor would connect
the Bay Area Ridge Trail and the California Coastal Trail. The District would be willing to
manage all or portions of this area as an extensions of the Purisima Creek Redwoods Open Space
Preserve.
2. La Honda Creek State Park
Total Project Cost: $15.0 million
Wildlife Conservation Board(Proposition 12) Funding Request: $5.0 million
District Funding: $4.0 million
Other Funding: $3.5 million from Peninsula Open Space Trust
Approximately 5,000 acres of scenic grassland ridges, forests and riparian corridors would
become a new state park or an area the District could manage on behalf of the Department of Fish
and Game. Located west of La Honda and south of the District's 2,000-acre La Honda Creek
Open Space Preserve, the area includes a distinctive wildlife habitat along broad and heavily
overgrown riparian corridors that lack human disturbance. Harrington and Bogess creeks are
year-round, clear-flowing creeks where there is an abundance of aquatic insects that attract
spawning steelhead. The property is home to species of special concern, including the California
Red-Legged Frog,Western Pond Turtle and Golden Eagle. The District's biologist believes the
property is also home to the Tiger Salamander and San Francisco Garter Snake. Acquisition by
the State would preserve these unique habitats as well as provide an expansive public trail system,
offering panoramic views of the coast. The property has excellent access from State Highway 84
with site conditions suitable for developing major staging and interpretative facilities. The
District would be willing to manage this area as a portion of the adjacent La Honda Creek Open
Space Preserve on behalf of the State.
3. Portola Redwoods State Park Additions (Oil Creek Area)
Total Project Cost: $4.0 million
State Parks (Proposition 12) Funding Request: $2.0 million
District Funding: $2.0 million
Extending the boundaries of Portola Redwoods State Park to incorporate the headwaters of Oil
Creek would protect one of the most rugged and remote creek corridors in Santa Cruz and San
Mateo counties. In addition, it would successfully complete the ongoing efforts by the District
and State to round out and protect the valuable watersheds contained in both the state park and
the adjacent Long Ridge Open Space Preserve. Few creeks in the Santa Cruz Mountains exhibit
the qualities of Oil Creek and deserve the highest level of protection. California Department of
Fish and Game has identified the creek as an important steelhead stream and has recommended it
as a recovery site for Coho Salmon. The District's biologist has reported the presence of the
California Red-Legged Frog in the upper reaches of the creek. Incorporation of the Oil Creek
watershed would also protect an important second growth redwood forest and provide trail
connections to the Bay Area Ridge Trail and Castle Rock State Park.
4. Forest of Nisene Marks State Park Addition (Loma Prieta Ranch)
Total Project Cost: $1.5 million
State Parks (Proposition 12) Funding Request: $1.0 million
District Funding: $0.5 million
Page 2
I
Perched high on the southwestern slope of Mt. Loma Prieta,the 500-acre Loma Prieta Ranch
property is a natural extension of the Forest of Nisene Marks State Park and Soquel
Demonstration State Forest. The property was acquired in 1999 by Peninsula Open Space Trust
because of its valuable wildlife habitat and importance in providing a trail connection between the
District's 15,300-acre Sierra Azul Open Space Preserve and Forest of Nisene Marks State Park.
The upper reaches of Soquel Creek originate on the property and have been identified as pristine
steelhead habitat and a recovery site for Coho Salmon. The central portion of the site has been
identified as a potential site for a backpacking campground. Being located outside the District
but close to existing State facilities, it could be more easily and efficiently managed by the State.
Acquisition by the State would complete the most vital link in a trail to the sea that originates in
Los Gatos and connects the Bay Area Ridge Trail with Santa Cruz County's Coastal Trail.
5. Sierra Aul Open Space Preserve Addition
Total Project Cost: $6.5 million
Wildlife Conservation Board(Proposition 12) Funding Request: $5.0 million
Bay Area Conservancy: $1.0 million
District Funding: $2.0 million
Other Funding: $1.5 million from Peninsula Open Space Trust
The 500-acre Guadalupe Creek Area contains meadows, rock outcroppings and steep hillsides
overlooking the City of San Jose and Almaden Valley. Comprised of two properties,the property
is situated between the District's 15,300-acre Sierra Azul Open Space Preserve and Santa Clara
County's Almaden Quicksilver County Park. The project provides an opportunity to construct a
valuable regional trail connection between Guadalupe Reservoir and the Bay Area Ridge Trail
that extends approximately 7 miles in the westerly direction to Lexington Reservoir. The
expansive meadows underlain with serpentine soils and surrounded by oak woodland will offer
trail users an surprisingly beautiful springtime display of wildflowers and perhaps a glimpse of
the endangered checker-spot butterfly. This area has long been a high priority for preservation
and would be a cooperative project with Peninsula Open Space District.
In summary,the Midpeninsula Regional Open Space District is recommending these projects for
State revenue under Proposition 12 funding because we feel these projects will enhance the
efforts the District and other local agencies and organizations have undertaken to help meet both
statewide and regional park and open space needs. For further information, you may contact me
at(650) 691-1200.
Sin erely,
L. Cra' ritton
General Manager
cc: MROSD Board of Directors
Peninsula Open Space Trust
Sempervirens Fund
Page 3
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ARASTRADERO
t PRESERVE
STEWARDSHIP PROJECT
l collaboratire r/jort
between 8,n Area �CtN)17
.rncl tht.Cit) w Palo Ali',
BAY AREA ACTION III
265 Moffett Boulevard
Mountain View,CA 94043 s
April 2$, 2000 650-625-1994 phone
650-625-1995 fax
www.Arastradero.org
Dear Stanford University Board of Trustees, www.baaction.org
While studying for my doctorate in ecology at Stanford I had occasion to walk from the
campus through the foothills into the Arastradero Preserve. Upon my return to golden hills of
California I became actively engaged in multi-jurisdictional efforts to protect and restore the
rich ecological heritage of our local parks and preserves.
I
As Project Director for the Arastradero Preserve Stewardship Project I have worked
collaboratively with public agencies, scientific institutions, community organizations and the
general public to address pressing issues facing our local parks and preserves. These issues
include, the loss of native biodiversity, gaps in,regional wildlife corridors and trail
connections, and improving coordination of natural resource management between land
owners. The Arastradero Preserve is contiguous with Stanford University property west of
Highway 280 in the Felt lake area.
Because of this proximity I have had occasion to contemplate important opportunities
presented to you by your current application for a General Use Permit (GUP) from Santa
Clara County. To date the process has engaged the University, County and community in a
spirited debate concerning regional land use planning. Although I have not always agreed
with the University's proposals, I write this letter to pose solutions which balance the complex
issues facing the University and the surrounding communities.
The essence of this proposal is to develop a comprehensive ecological restoration program
for the most sensitive sites in the foothills portion of campus (generally west of Junipero Serra
boulevard). Critical to the success of such a program will be to link Stanfords ecologically
valuable sites with contiguous properties, and to actively engage in coordinated research-and
restoration activities. Habitat fra mentation and the attendant loss of biodiversity threatens the
g
fabric of life on a global scale. The GUP negotiations provide Stanford University an
prevent further habitat fragmentation on Stanford land, and to
opportunity to both _
PP y P l into the Universitycurriculum.
I incorporate a vital program in restoration ecology gY
rP P g
To accomplish this, the University may wish to consider developing a multi-disciplinary
program centered around the ecological restoration of Stanford land. The emerging field of
ecological restoration is concerned with understanding basic ecosystem processes and how
they may be applied toward the preservation of native biodiversity. The University has both
the natural and academic resources to lead the world in understanding the enormous
complexity of restoring degraded ecosystems. Such an integrated program could include the
departments of Biological Science, Earth Systems, Civil Engineering and the Law School.
These restoration efforts could enhance the research and educational opportunities for
faculty, staff and students. By providing leadership in bioregional restoration, Stanford could
also engage other willing partners including the Center for Conservation Biology, the City of
Palo Alto, the Midpeninsula Regional Open Space District, County Parks, the Peninsula Open
Space Trust, and the general public.
Few Universities have the natural resource.base to accomplish such an ambitious project. I can
think of no higher purpose for the legacy of Leland Stanford Jr. than to rigorously examine
ways to reverse the ecological destruction being wrought upon the remnants of California's
rich biological heritage., In addition, such a program provides direct benefit to the University
by maintaining and improving important ecosystem services such as erosion prevention,
pollination services and water quality and quantity. By embracing the specific elements I
outline below, you may even win over some of your most ardent critics.
Specific steps the University should take include:
1. Develop a regional-scale, multi-species habitat conservation plan. Although endangered
species such as the tiger salamander and red-legged frog form the legal basis of
mitigation, I believe that large-scale-habitat preservation must be the ecological basis for
the land use planning necessary in this new century.
2. Expand Jasper Ridge to include land south of SLAC all the way to Felt Lake. This creates
an unbroken wildlife corridor from Jasper Ridge through Arastradero Preserve, Foothills
Park, Los Trancos Open Space Preserve to extensive Public open space along Skyline
line
Boulevard. This is exactly the kind of non-fragmented habitat necessary-to conduct a
regional-scale ecological research and restoration program. The irreplaceable biota at
Jasper Ridge should be linked to the genetic diversity of nearby areas. Further, this effort
could also enhance Felt Lake as a continuing water resource for the Stanford Community.
3. Apply to San Mateo County to modernize-the zoning for Jasper Ridge Biological
Preserve from residential to open space.
4. Develop a regional trail connection from the core campus, through the "dish" area and
into Arastradero Preserve. This is a key segment for the proposed bay to ridge trail, a
recreational corridor that one day could extend from the Bay all the way to the Pacific
Ocean, and link the 400 mile Ridge Trail to the 200 mile Bay Trail.
5. Develop a multi-jurisdictional approach to long-range planning. It seems inefficient fof
the University to engage in repeated planning processes like the GUP with each
jurisdiction that has planning authority over portions of Stanford land. By engaging both
Counties and all affected Cities in a long-range (25 year) plan the University could both
accomplish it's goals, incorporate community issues, and engage in meaningful habitat
conservation on a time scale relevant to ecosystem function.
b. Focus on the development of clustered, high-density housing in areas that are
ecologically less sensitive, and which do not fragment existing habitat corridors. Housing
is a pressing issue in our region, with wisely chosen sites clustered near existing
development, and with explicit plans to avoid areas being restored, the University can
meet it's housing needs and avoid land use conflict.
7. Consider long-term open space designation for certain University properties acquired
after the original land bequest. Currently as much as 1,900 acres fall into this category,
and these lands could be designated long-term, or even peFinanent, open space without
violating the land bequest. Such dedication would address one of the most contentious
issues facing the GUP application.
Together these steps would demonstrate a serious effort by the University to appropriately
mitigate for the large scale developments proposed in the GUP.
In sum, I believe the University should make a strong commitment to protecting the
ecological integrity of our planet, and the best place to begin is in our own backyard. I
encourage you to embrace this opportunity, for in so doing you will both address the need to
develop the necessary University infrastructure, and provide the environmentally meaningful
mitigation being sought by our neighbors.
I
Respectfully,
David T. Smernoff, Ph.D.
Class of 1993
112 Foxwood Road
Portola Valley, CA 94028