HomeMy Public PortalAbout20000524 - Agendas Packet - Board of Directors (BOD) - 00-13 1
Regional Open -ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-13
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:30 p.m.
Wednesday, May 24, 2000
330 Distel Circle
Los Altos, California
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AGENDA*
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7:30 ROLL CALL
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REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
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** ORAL COMMUNICATIONS - Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR-K.Nitz
*** WRITTEN COMMUNICATIONS
*** APPROVAL OF MINUTES
• April 26, 2000
• March 8, 2000
• March 10, 2000
BOARD BUSINESS
7:35 1 Presentation on the Proposed Silicon Valley EcoCampus at the Mountain View
Shoreline/Charleston Site - M. Davey
7:45 2 Grant of Easement to Town of Portola Valley for Slope Repairs to Alpine Road, and
Acceptance of Conservation Easement from the Town of Portola Valley over Three Parcels
Along Corte Madera Creek Adjacent to Windy Hill Open Space Preserve; Determine that the
Recommended Actions are Exempt from the California Environmental Quality Act (CEQA) as
Set Out in the Report; Adopt the Resolution Authorizing the President of the Board to Execute
an Easement Exchange Agreement for a Permanent Slope Easement in Favor of the Town of
Portola Valley, in Exchange for Acceptance of a Conservation Easement from the Town of
Portola Valley Over Three Parcels Along Corte Madera Creek Adjacent to Windy Hill Open
Space Preserve; Authorize the General Manager and General Counsel to Approve Minor
Revisions to the Easement Exchange Agreement that do not Involve Any Substantial Change to
the Agreement as Set Forth in the Report - T. Fischer
330 Distel Circle a Los Altos, CA 94022-1404 * Phone: 650-691-1200
FAX:650-691-0485 + E-mail: mrosd@openspace.org * Web site:www.openspace.org �
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Nanko, Betsy Crowder,Kenneth C. Nitz > General Manager:L.Craig Britton
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Meeting 00-13 Page 2
8:05 3 Approval of Agreement for District Operation and Management of Santa Clara County Rancho
San Antonio Park; Determine that the Recommended Actions are Categorically Exempt from
the California Environmental Quality Act (CEQA), as Set Out in the Report; Authorize the
President to Execute the Agreement with Santa Clara County for District Management of the
County Park; Approve the Addition of$144,000 to the Operations Program's Budget for Fiscal
year 2000-2001; Approve the Addition of One Regular Open Space Technical Position and an
Additional 750 Hours of Seasonal Open Space Technician Hours for Management Assistance
for Fiscal Year 2000-2001; Adjust the Operations Program Base Budget for Fiscal Year 2000-
2001 to Reflect the Increase Costs for the Management of Rancho San Antonio County Park-
G. Baillie
8:40 4 Proposed Addition of Lee Property to the Cathedral Oaks Area of Sierra Azul Open Space
Preserve; Adopt the Resolution Electing to Retain Ownership of the Former Lee Property as an
Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve - M. Williams
8:50 5 Authorization to Solicit Bids to Repair Storm Damage and Reconstruct a Portion of Virginia
Mill Trail at El Corte de Madera Creek Open Space Preserve and Tentative Adoption of an
Amendment to the Trail Use Plan Element of the Use and Management Plan to Reroute the
Virginia Mill Trail; Determine that the Project is Categorically Exempt from the California
Environmental Quality Act (CEQA) Based Upon the Findings Contained in the Report;
Authorize Staff to Solicit Bids for Storm Damage Repairs to Virginia Mill Trail and for
Reconstruction of a 0.7-Mile Section of Replacement Trail -J. Cahill
9:00 6 Acceptance of Gift of Residual Timber Rights at the Bear Creek Redwoods Open Space
Preserve; Adopt the Resolution Accepting a Gift of the Residual Timber Rights at Bear Creek
Redwoods Open Space Preserve from Gregory Demers - C. Britton
*** 7 Award of Contract for Demolition of 14 Minor Structures at 5 Separate Sites, and Removal of
Debris at Bear Creek Redwoods Open Space Preserve; Authorize the General Manager to Enter
Into Contract with TKO Construction of Woodside in the Amount of$41,500 for the
Demolition of 14 Minor Structures at Bear Creek Redwoods Open Space Preserve; Authorize
the General Manager to Approve Incremental Change Orders for TKO Construction in
Amounts Not to Exceed a Total of$12,000 ($53,500 Total With Base Contract) -J. Cahill
*** 8 Approval of Right of Way Contract for Caltrans Emergency Repairs to State Highway 35 at
Coal Creek Open Space Preserve; Authorize the General Manager to Execute a Right of Way
Contract with Caltrans for Temporary Construction Access to Remove Pavement and Soil from
District Land Adjacent to State Highway 35 (Coal Creek Open Space Preserve) - M. Williams
*** 9 Approval of Increase of the Insurance Limits for Umbrella Liability and Public Officials
Liability for Fiscal Year 2000-2001 and Authorize the Expenditure of No More Than $24,000
for the Required Premium - D. Dolan
*** 10 Authorization to Purchase Four (4) Truck Bodies; Authorize the General Manager to Execute a
Purchase Contract with Universal Truck Equipment for Four (4) Truck Bodies at a Total Cost
of$14 289. - D. To le
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Meeting 00-13 Page 3
11 Approval of Director Crowder to Substitute for Director Siemens as a Member of the Board
Appointee Evaluation Committee for the Balance of the Calendar Year - K. Nitz
REVISED CLAIMS
INFORMATIONAL REPORTS - Brief reports or announcements concerning pertinent activities of District
Directors and Staff.
9:05 ADJOURNMENT
Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of
order.
TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item
is considered by the Board of Directors. You may address the Board concerning other matters during
Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may
comment to the Board by a written communication, which the Board appreciates.
All items on the consent calendar may be approved without discussion by one motion. Board members,
the General Manager, and members of the public may request that an item be removed from the
Consent Calendar during consideration of the Consent Calendar.
Claims No. 00-08
Meeting 00-09
Date: April 26, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1738 758.26 Acme&Sons Sanitation Sanitation Services
1739 14,936.22 Aerial Information Systems Vegetation Maps-Sierra Azul
1740 36.34 AirTouch Paging Pagers
1741 705.94 Arbill Field Safety Supplies
1742 37.80 AT&T Telephone Service
1743 678.39 Gordon Baillie Reimbursement--Public Information Officer
Training and Accommodations
1744 158.76 Craig Beckman Reimbursement--Uniform Expense
1745 1,521.22 Big Creek Field Supplies-Lumber
1746 742.50 Dana Bland&Associates, Consulting Biologists Sierra Azul Resource Inventory
1747 1,213.68 Biotic Resources Group Sierra Azul Resource Management
1748 500.00 B.P.O.E 1471 -Elks Lodge Meeting Facility Rental
1749 203.48 Browning-Ferris Industries Garbage Service
1750 65.79 John Cahill Reimbursement--Field Supplies
1751 102.01 California Water Service Company Water Service
1752 25.00 Camino Medical Group Medical Services
1753 143.65 Cole Supply Company Janitorial Supplies
1754 924.75 Compurun Systems Computer Consultant
1755 22.73 Contemporary Engraving Name Badge Engraving
1756 75.00 Custom Alignment Vehicle Alignment
1757 58.26 Dennis Danielson Reimbursement--Film
1758 73.13 Dennis Dart Vehicle Expense
1759 65.00 Decatur Electronics, Inc. Radar Recertification
1760 1,461.95 Design Concepts Graphic Designs and Layouts
1761 1,783.91 Enforcement Technologies, Inc. Parking Citation Processing-Nov. to March
1762 50.00 Environmental Volunteers MEAA Membership
1763 225.35 Film To Frame Photo Processing and Film
1764 55.21 G&K Services Shop Towel Service
1765 1,404.18 Gardenland Power Equipment Field Supplies and Tools
1766 51.80 G. P. Sports ATV Replacement Parts
1767 1,440.00 GreenWaste Recovery, Inc. Dumpster Service
1768 774.09 Home Depot Field Supplies
1769 530.80 Johnson&Associates Classification&Compensation Study
1770 292.10 Kinkos Printing Services
1771 352.71 Langley Hill Quarry Road and Trail Materials
1772 850.00 Liebert Cassidy Public Sector Conf,J. Escobar/D. Dolan
1773 244.75 Lucent Technologies Phone Maintenance Agreement
1774 141.44 MCI Worldcom Telephone Service
1775 40.00 MetroMobileCommunications Radio Repair
1776 625.00 Micro Accounting Solutions Computer Consulting Services
1777 403.80 Minton's Lumber& Supply Field Supplies
1778 402.06 Office Depot Office Supplies
1779 121.18 Office Helper Office Supplies
1780 1,115.98 Orchard Supply Hardware Field Supplies and Tools
1781 1,374.19 Pacific Bell Telephone Service
1782 820.31 PIP Printing Printing Services
1783 788.64 Pitney Bowes Credit Corporation Postage Machine Maintenance&Service
1784 3,957.00 Platypus Studio Replacement Animals-Nature Center
Page 1
Claims No. 00-08
Meeting 00-09
Date: April 26, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1785 385.80 Eric Remington Wildlife Assessment
1786 2.79 Roberts Hardware Field Supplies
1787 2,362.35 Roy's Repair service Vehicle Maintenance&Repair
1788 301.00 David Sanguinetti Uniform Expense
1789 1,101.12 San Francisco Newspaper Agency Recruitment Advertisement
1790 1,674.04 San Jose Mercury News Recruitment Advertisement
1791 754.00 Santa Clara Co. Dept. of Environmental Health Hazardous Waste Permit
1792 193.58 Skyline County Water District Water Service
1793 79.04 Staples Office Supplies
1794 2,340.31 Stevens Creek Quarry, Inc. Road and Trail Materials
1795 233.00 Summit Uniforms Uniforms
1796 627.80 Town Square Furniture Office Furniture
1797 548.78 Target Specialty Products Weed Abatement Supplies
1798 65.00 Terminix. Pest Control Service-D.C. Building
1799 8,665.01 Therma Corp. HVAC Repairs and Replacement Coil
1800 541.25 United Rentals Backhoe Rental-Restroom Project
1801 7.08 *1 UPS Parcel Mailing Services
1802 225.00 Verio Internet Service Provider
1803 103.00 Verio/Best Internet Internet Service Provider
1804 5,582.10 VISA 252.00 HVAC Repairs-SRO Office
1156.12 Equipment Repairs
349.41 CARPOSA Conf. Expense
686.35 League of CA Cities Conference
495.45 PRAC Conf.-Downing,Menk,Miller
303.73 CPRS Conf. - C. Britton
1349.94 Field Supplies
662.44 Enterprise Rental Supplies
59.78 Business Meeting Expense
105.20 Earth Day Supplies
161.68 Resource Documents
1805 2,080.80 Rich Voss Trucking, Inc. Baserock Trucking Services
1806 74.57 WolfCamera Photo Processing Services
1807 300.00 Roberta Wolfe Recording Services
1808 82.00 Whitmore, Johnson&Bolanos Legal Services
1809R 46.15 Randy Anderson Vehicle Expense
1810R 145.00 *2 Institute of Computer Technology Computer Training-T. Randall
181IR 225.00 Verio, Inc. Internet Service Provider
1812R 269.64 Petty Cash Business Meeting Expense, Film and
Photo Processing Services, Field and
Nature Center Supplies.
*1 Urgent Check Issued April 12, 2000
*2 Urgent Check Issued April 25, 2000
Total 71,369.57
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RegionalIL we
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-10 j
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SPECIAL MEETING
BOARD OF DIRECTORS j
May 8, 2000
MINUTES j
SPECIAL MEETING
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I. ROLL CALL
President Kenneth Nitz called the meeting to order at 7:05 P.M.
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Members Present: K. Nitz, M. Davey, B. Crowder, J. Cyr, P. Siemens, and D. Little.
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Members Absent: N. Hanko.
Staff Present: C. Britton, S. Schectman, M. Williams, and D. Woods.
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II. CLOSED SESSION
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Agenda Item 1.
The Board recessed to Closed Session at 7:05 P.M. and the Closed Session commenced at 7:05
P.M. The Board concluded the Closed Session at 7:30 P.M.
REGULAR MEETING
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III. 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.
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Additional Staff Present: D. Dolan,T. Fischer and J. Escobar.
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IV. ORAL COMMUNICATIONS
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There were none.
V. ADOPTION OF AGENDA
Motion: B. Crowder moved that the Board adopt the agenda. J. Cyr seconded the motion.
The motion passed 6 to 0.
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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 ,
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane tittle,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz. o General Manager:L Craig Britton
Meeting 00-10 Page 2
VI. BOARD BUSINESS
A. Agenda Item No. 1 - Approval of the Revised License Agreement to Enable the Town of
Portola Valley to Perform Repairs to Alpine Road Adjacent to Windy Hill Open Space
Preserve; Determine that the Recommended Actions are Exempt from the California
Environmental Quality Act (CEQA) as Set Out in the Report; Authorize the General
Manager to Execute the Letter to the Town of Portola Valley Approving Your
Concurrence ("Letter of Concurrence") With the Revised Programmatic Section 42 F
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Evaluation for the Alpine Road Downslope Repair Project; Authorize the General
Manager and the Board President to Execute the Revised License Agreement with the
Town of Portola Valley For Repairs to Alpine Road Adjacent to Windy Hill Open Space
Preserve. The License Agreement is Conditional on the Town of Portola Valley
Subsequently Approving a Conservation Easement in Favor of District Upon the Town's
Property Identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-
250-160 in Exchange for District Approval of a Permanent Slope Easement in Favor of
the Town for These and Future Road-Related Repairs; Authorize the General Manage
and General Counsel to Approve Minor Revisions to the Letter of Concurrence and the
Revised License Agreement That Do Not Involve Any Substantial Change to the
Agreements as Set Forth in the Report.
C. Britton gave a brief introduction. This agenda item was a matter that was continued
from the previous meeting of April 26, 2000. He explained the two parts of this item: T.
Fischer will present the staff report and the Town of Portola Valley will also give
information on the project itself.
T. Fischer explained that this agenda item was a follow-up to the previous meeting
regarding the repairs to Alpine Road. He explained the repair project involves a two-mile
section of Alpine Road, basically between Willowbrook Road and the confluence of Coal
Creek and Corte de Madera Creek. He explained the District owns a section of land that
is adjacent to Alpine Road of approximately 3/10ths of a mile.
He explained that the Board received three basic documents: (1) A License Agreement,
which enables the Town to submit their application for federal funding for the road
repairs. The agreement also incorporates environmental protections that are found in the
Section 4(F) document; (2) The Programmatic Section 4(F) document, which is an
environmental document required by the Federal Government when seeking federal
funding that affects public parks and open space lands. The environmental protections
found in the document apply to the entire project area, to both District and Town of
Portola Valley lands; (3) An Easement Exchange document, which is a draft. He
explained that the vote this evening would be on the License Agreement, which
anticipates a potential Easement Exchange, to be presented at the Board meeting
scheduled for May 24, 2000. This Easement Exchange would be the way the Town
would obtain permanent rights to the roadside area to do the slope improvements and
maintain the drainage structures in the future.
T. Fischer explained that Alpine Road is the main transportation route for residences off
Lareston Road, other residences along Alpine Road, and it is one of the two access routes
for Los Trancos Woods. He explained that the License Agreement prohibits construction
Meeting 00-10 Page 3
prior to the Easement Exchange. The environmental protections are defined in the
Section 4(F) document, which has been made a part of the License Agreement and also
the anticipated Easement Exchange. Within that, the District has incorporated further
protections, for example there is a position identified in that document called a Project
Biologist Restoration Specialist. This position will ensure that the guidelines are being
followed throughout the entire project. The District and the Town of Portola Valley have
also included a set of qualifications and performance criteria for that position.
T. Fischer noted that a new item added in the Section 4(F) is that no small dozers or
bobcats will be in the creek. Overall, the environmental protections for this project will
be coordinated with the California Department of Fish and Game, the Army Corp. of
Engineers, the District, and the Regional Water Quality Board. The anticipated Easement
Exchange would continue these protections in the future so that any work being done in
the conservation easement area would require design review approval by the District
before any activity can be-done.
Kirke Comstock, Vice-Mayor for the Town of Portola Valley, spoke on behalf of Ted
Driscoll, the Mayor, who was.away on a business trip he couldn't reschedule. He said
with the outstanding staff and directors of the District, and the Town's planning
commission, the Town is aware of doing the right thing. He said the Town, "wants to do
the right thing and to cooperate with the District."
Alex McIntyre, the Town Administrator, apologized for not being at the District Board's
previous meeting. He said the presentation would include the impact the project has had
on the Town, talk about the history of the project, discuss the proposed restorations, and
explain some of the environmental concerns. He introduced the additional staff present:
Kevin Rohani, Public Works Director, Rod McHale, Construction Supervisor, and Rob
McCann, Environmental Consultant, who has been on the project since late 1998.
A. McIntyre explained that the 1998 El Nifto storms were the single, greatest community
disaster resulting in the largest public works project in the Town. To give some
perspective, he said the project was a $10 Million complex project federally funded, with
federal mandates. By contrast, Portola Valley's annual Town budget is $2.5 million
dollars. He stated that Alpine Road serves the Town residents and also serves two
communities as well: Los Trancos Woods and Viste Verde. And more directly,the Viste
Verde residents use Alpine Road as a main thoroughfare.
Kevin Rohani, Public Works Director of the Town of Portola Valley, introduced pictures
that were taken in February 1998 that showed some damaged sections on Alpine Road.
He explained that in order to get the road passable in the short term, the Town worked
with Caltrans and Federal Highway Administration. The second part of this project
involved doing the downhill slope restoration along Alpine Road, which involves
completing the storm drainage improvements, replacing culverts, construction of some
retaining walls on the downhill side of the project, and doing some pavement repairs.
K. Rohani explained that he and R. McCann had a walk-through with some Board
members on this project. The purpose of this walk was to show the Directors the
Meeting 00-10 Page 4
measures the Town has implemented as a part of this project. He explained the Town
will use plastic cylinders that are filled with sand to prevent construction materials from
getting into the creek. All the construction work will be done either on the roadway or
will work on the slopes along side the creek. There is no intention of running any
equipment into the creek.
R. McCann introduced himself and his company. He is the project manager for the Town
with respect to making sure the Town complies with state and federal environmental
laws, and with all the applicable permit regulations. The firm of LSA has been in this
business for 25 years, on both public and private projects.
R. McCann explained what a "4(F) evaluation" is and why it is important to this project.
Section 4(F) of the Dept. of Transportation Act states: "There should be no expenditure
of federal transportation funds where it impacts public park lands, wildlife refuges or
other natural public lands or historic sites ... all efforts should be done to avoid those
types of impacts." If one cannot avoid these lands, one should minimize the harm. The
final step in the 4(F) process the federal government says that "there shall be no
expenditure of federal transportation funds for these type of projects without the
concurrence of the agency having jurisdiction over those lands." This is why the Town
of Portola Valley is at the Board meeting: to obtain the concurrence of the District to go
forward on the project.
R. McCann stated that since he started working on this project in 1998, he has seen an
evolution from the original design concepts to the designs that are being discussed today.
For example, the change from a hardscape rip-rap to a much more bio-engineered type of
design. Also, initially the first plans called for removal of more than 200 trees, now the
design call for a removal of 50 trees, and that number of trees may be minimized further.
He noted that one of the key elements in this project is having a Project Biologist
Restoration Specialist.
K. Comstocke mentioned that the Town of Portola Valley has never done a project like
this before. He said this project was a pretty exciting learning process for them. He said
they did need the District's help. He commended District staff working with them.
P. Siemens asked about the use of heavy equipment in the creek, specifically noting page
two of Report R-00-63. T. Fischer noted the new language in the report took into account
the Board's previous concern with heavy equipment in the creek; there would be no
bobcats or dozers in the creek. P. Siemens asked about the creek's condition after the
root ball rots out. R. McCann and K. Rohani answered that the root balls would be
anchored in the ground and through time it would be the source of vegetation as it takes
years for these to decompose. P. Siemens voiced his concern regarding mining of the
creek. K. Rohani explained the use of plastic sandbags, further described the retaining
walls and mesh on the walls.
M. Davey inquired about the underground covers to be used in the open areas. K. Rohani
explained that the open areas behind the walls would be hydroseeded. He said he would
work with Jodi Isaacs of District staff regarding the composition of the hydroseed. She
Meeting 00-10 Page 5
suggested including wildflowers. R. McCann noted the proposed seed mix on page 13 of
Exhibit C.
D. Little inquired which rare and endangered species are on site. R. McCann responded
that the red-legged frog was not present in the proposed project site of Corte Madera
Creek. In addition, this portion of the creek was not a critical habitat designation for the
steelhead fish. R. McCann said that an exhaustive study was done of the area in regard to
rare and endangered plant and animals species and none were found in this area. D. Little
questioned whether Eagle Trail would be restored as an access to the higher canyon. K.
Rohani answered that repairs would be done to the trail.
J. Cyr stated that a number of the concerns he had regarding this project roject were addressed
Y g in the 4(F) report. He trusts that both District staff and Town staff would work together
to make this an exemplary project.
K. Nitz inquired about the monitoring of the project's construction. K. Rohani replied
that this monitoring is part of the regular Town maintenance schedule and would be
observed on a regular basis. In the Agreement for Exchange of Easements, Section 5.1.2.
refers to "damage on site." He asked who defines the damage and what happens when
damage is seen. S. Schectman answered that the District has a continuing right per the
Easement Agreement to enter, inspect, and demand repair. K. Nitz inquired about a
rumor that the Federal government got into because, "Alpine Road goes all the way to the
ocean?" R. McCann answered that the government would likely remove Alpine Road
from the Federal registry of highways, which would result in the Town losing its funding
source. He said that down the road the project would likely lose the federal funding, and
that it would then hopefully be funded by FEMA.
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B. Crowder referenced her memo of May 7, 2000 to Craig, et al, regarding this item. She
reviewed some of the items. The memo was distributed to the Board members.
Referring to a qualified biologist, R. McCann stated that the biologist needs to meet the
requirements and qualifications of both the U.S. Fish & Wildlife and State Dept. of Fish
and Game. T. Fischer had suggested specific criteria which would be made part of the
requirements needed. In reference to Exhibit C, B. Crowder wanted to add Italian thistle
to the invasive weeds list. She was delighted to receive the revised documents,
particularly Programmatic 4(F). She suggested that the Town communicate with CRIMP
and was advised the Town of Portola Valley staff regularly attends their meetings.
K. Nitz invited comments or questions from the audience present.
Doug Akins, 5933 Alpine Road, Portola Valley. He commended the level of detail as
admirable and exquisite and extensive. He said repairing the road obviously benefits
several constituencies: not only the residents but also the large recreational constituency
who use the road to get to the preserve. Another perspective to keep in mind is that the
creek bed is a violent, and ever-changing environment.
Charl
es Pilford 460 Old Spanish Trail wrote the letter from the Viste Verde Community
e a n
Association that was distributed to the Board. He asked about the voting number needed
to pass the agenda item. He was told the action tonight required four votes. It's the
Meeting 00-10 Page 6
Exchange Easement which would require unanimous vote of all seven Board members
and that would be considered on May 24.
P. Siemens said he was very happy to see the level of cooperation between the Town and
the District. J. Cyr commended the Town of Portola Valley for their responsiveness and
cooperation, particularly at the earlier afternoon tour of the area. K. Nitz thanked them
for making the changes the District requested.
Motion: B. Crowder moved that the Board approve the General Manager's
recommendations 1-4 on the staff report of May 8th. P. Siemens seconded the
motion. The motion passed 6 to 0.
C. Britton stated, if the Board so instructed, staff could propose alternatives in case the Board did
not reach a unanimous decision on this issue. P. Siemens stated it would be useful to the Board.
C. Britton wanted to acknowledge T. Fischer and the Town of Portola Valley for their good
work. K. Nitz suggested that a Portola Valley Town Representative would be helpful at the next
Board meeting regarding this issue.
B. Crowder and the Board thanked the citizens who came to listen to this issue.
VII. INFORMATIONAL REPORTS
D. Little stated that Russian Ridge is absolutely spectacular and he encouraged everyone to go
there and take a look at the wildflowers and the diverse flora and fauna.
J. Cyr and B. Crowder concurred. J. Cyr said he and M. Davey went to the Resource
Conservation District at Half Moon Bay so that they could attend the District annexation process
presentation. They were able to answer questions while present. J. Cyr is extremely thankful for
the District's competent staff.
M. Davey stated that Stanford Management is going to suggest and eventually enforce no dogs at
the dish area. She concurred with their decision as she feels the area is being overused and is at
risk. She noted that the EIR is due on June 23rd
K. Nitz received a couple of calls regarding a foot race at Russian Ridge OSP that took place
Mar. 6 1h from 12-2 PM that included about 150 people. Apparently runners mowed down some
people. Also, there was a sight-seeing group with a speaker using a microphone. K. Nitz
wondered whether they had a permit for this. J. Escobar promised to get back to K. Nitz
regarding these incidents.
VIII. ADJOURNMENT
At 9:15 P.M.,the meeting was adjourned.
Jenny Preciado
Recording Secretary
Regional a we
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-11
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SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
May 10, 2000
I
MINUTES j
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SPECIAL MEETING
I. ROLL CALL
President Ken Nitz called the meeting to order at 6:35 P.M. j
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Members Present: Mary Davey, Jed Cyr, Ken Nitz, Betsy Crowder, Peter Siemens, and
Deane Little. j
Members Absent: Nonette Hanko.
Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, and Mike Williams.
II. CLOSED SESSION j
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing
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Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:35 P.M and the Closed Session commenced at 6:35
P.M. The Board concluded the Closed Session at 7:30 P.M.
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REGULAR MEETING
III. K. Nitz noted that no reportable action had taken place in Closed Session, and called the Regular
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Meeting to order at 7:35 P.M.
Additional Staff Present: John Escobar, Gordon Baillie, Deirdre Dolan, Del Woods, Randy
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Anderson, Duncan Simmons, Jenny Preciado, Lisa Zadek and Thomas Fischer.
IV. ORAL COMMUNICATIONS
There were none.
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.
330 Distel Circle t Los Altos, CA 94022-1404 « Phone: 650-691-1200
FAX:650-691-0485 . E-mail: mrosd@openspace.org a Web site:www.ol)enspace.org
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Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz . General Manager:L.Craig Britton
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Meeting 00-11 Page 2
VI. ADOPTION OF CONSENT CALENDAR
Motion: M. Davey moved that the Board adopt the Consent Calendar, including minutes of
the April 12, 2000 Regular and Special Meetings; Agenda Item 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,
Agenda Item 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, and Revised Claims 00-09. J. Cyr seconded the
motion. The motion passed 6 to 0.
VII. BOARD BUSINESS
A. . Agenda Item No. I - 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 Adiacent 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 - (Report R-00-62).
D. Woods introduced Deborah Kirtman from Environmental Science Associates.
C. Britton provided background information and introduced staff members of the team
who were involved with this project.
D. Woods described the property and showed slides. He talked about the mitigated
negative declaration and CEQA findings and reviewed use and management issues.
C. Britton outlined the terms of the purchase agreement, noting that it was a little out of
the ordinary because of the existing lawsuit.
S. Schectman described the agreement with the landowners regarding provision of
domestic water. There are two conditions precedent: 1. The Board decides to purchase;
and 2. At least 20 Montgomery Highlands owners sign the agreements. She explained
that San Jose Water would own and maintain the water system. She acknowledged the
assistance of Judge Weiss. Regarding proportion of use of the road, S. Schectman said it
was decided by agreement of the parties, or arbitration if there was not agreement.
Meeting 00-11 Page 3
D. Woods said staff had spent a lot of time exploring standards for the water tank, and the
engineers feel there is no risk of it failing. He said the land is suitable for trails and trail
connections to Villa Montalvo.
Board members expressed thanks to the staff and Judge Weiss.
Motion: M. Davey moved that the Board approve the 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 the staff report; adopt Resolution No. 00-23,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Approving the Amended Purchase Agreement-Bargain Sale
of Property Owned by Krone and Bishop as Trustees; adopt revised
Resolution No. 00-24, Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving the Agreement
with Adjacent Signatory Landowners to Fulfill District's Obligations
Relating to Certain Easements, Rights or Covenants to provide Domestic
Water Supply and Road Maintenance; tentatively adopt the Preliminary
Use and Management Plan recommendation contained in the staff report,
including naming the property as an addition to the El Sereno Open Space
Preserve; and indicate their 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. D. Little seconded the motion.
The motion passed 6 to 0.
Judge Weiss commented on concerns he had, noting that the contribution of$800,000 is
for the District to get out of the water business, not in exchange for the property owners'
easements.
B. Agenda Item No. 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 -
(Report R-00-58).
M. Williams presented the staff report and showed the property on the map and slides.
Motion: B. Crowder moved that the Board determine that the recommended
actions as set out in the staff report are categorically exempt from the
California Environmental Quality Act; adopt Resolution No. 00-25,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Meeting 00-11 Page 4
Space District Accepting the Gift of Zion Lutheran Church Property;
tentatively adopt the Preliminary Use and Management Plan
recommendations contained in the staff report, including naming the
property as an addition to the Mt. Umunhum area of Sierra Azul Open
Space Preserve; and indicate their intention to withhold the property from
dedication as public open space at this time. J. Cyr seconded the motion.
Vote: The motion passed 6 to 0.
C. Agenda Item No. 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 Manner 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 Oven Space Preserve—(Report R-00-59)
G. Baillie introduced Capt. Salazar of the Santa Clara County Fire Department. He
described how the fire would be contained using black lining and discing. He said Board
members were welcome to observe. June 2 is the tentative date for the bum.
D. Little said he was impressed with the quality of the ecosystem since the bums on
Russian Ridge and said he would strongly support the District doing more of this kind of
bum.
Capt. Salazar talked about expanding the program and said he could bring the idea to his
chief to see if they are interested. In regard to inviting representatives from urban fire
departments, he said this is one of the smaller events they do. There are others that every
agency is automatically involved in.
G. Baillie noted that the District has four new pumpers and this was an opportunity to try
them out under controlled conditions.
Capt. Salazar informed the Board that the nearest residence was 3-4 miles away. He
talked about the fees for controlled bums proposed by BAAQMD.
G. Baillie said he understood that staff would be burning Russian Ridge again, because in
order for it to be successful you need to have a number of consecutive burns.
Capt. Salazar informed the Board that the Fire District had 16 stations ranging from
Morgan Hill to Los Altos,mostly on the west side of the valley.
Motion: P. Siemens moved that the Board determine that the recommended actions
as set out in the staff report are categorically exempt from the California
Environmental Quality Act; and authorize the General Manager to execute
the attached Permit to Enter for the purpose of allowing the Santa Clara
Meeting 00-11 Page 5
County Fire Department to conduct a controlled bum on the Rancho de
Guadalupe portion of the Sierra Azul Open Space Preserve. D. Little
seconded the motion. The motion passed 6 to 0.
VII. INFORMATIONAL REPORTS
K. Nitz: 1. He informed the Board of Kit Dove's death. 2. He had a call from the Town Crier
regarding cell phones at Rancho San Antonio.
C. Britton: 1. He referred to a letter from Carol Nelson which was a follow up to a meeting in
Ontario and was in regard to a tour of District lands for Rusty Arias in June or July. 2. There
was also a letter to T. Lempert in response to a rumor that the legislature was starting to earmark
Proposition 12 money. The District is coordinating with POST. 3. He had briefing books from
the Bay Area Open Space Council regarding regional needs and how the $10.3 million was spent
this past year. 4. They completed the first round of interviews for Public Affairs Manager and
the second round is tomorrow for the four finalists. 5. Saturday, April 29, he went to the POST
fund raiser at Bear Creek and D. Woods and D. Dart led hikes. 6. He met with the County over
Rancho San Antonio Park and thought they had resolved most major hurdles.
J. Escobar said he had not completed the report on what happened at Russian Ridge.
G. Baillie said he had faxed an invitation to Patrick Congdon's Farewell Party, which will be
held on Friday, May 12.
J. Escobar talked about the refresher lecture for community outreach volunteers to cover art and
wine festivals.
D. Dolan announced that the Staff Recognition event will be held on Friday, September 15 at
Saratoga Springs, and the Volunteer Recognition event will be on July 22.
M. Davey asked permission of the Board to adjourn the meeting in honor of Artemis Ginston,
who had passed away this morning. She said she was remembered as the "Path Lady."
IX. ADJOURNMENT
At 9:19 P.M., K. Nitz adjourned to a special meeting to discussion Closed Session Agenda Item
2. The closed session reconvened at 9:40 P.M. and concluded at 10:15 P.M. No reportable
actions were taken.
Roberta Wolfe
Recording Secretary
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 *i 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 Quarn 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 Aealth 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 40
Regional Open I , ace
�_����MID�PENIN�SULAEGIONAL OPEN SPACE DISTRICT
R-00-74
Meeting 00-13
May 24, 2000
AGENDA ITEM 1
AGENDA ITEM
Presentation on the Proposed Silicon Valley EcoCampus at the Mountain View Shoreline/Charleston Site
DISCUSSION
Director Davey has requested that Mr. Andy Fenselau, a Peninsula Conservation Center Board Member,
be afforded the opportunity to make a short presentation on the concept of the proposed Silicon Valley
EcoCampus at the Shoreline/Charleston site owned by the City of Mountain View. A summary of this
proposal is attached. Mr. Fenselau is also seeking District support of this proposal and has included a
draft letter for your consideration. He was told that if the Board is willing to consider official support of
this proposal, an agenda item would need to be put on your June 14, 2000 meeting for deliberation.
Prepared by:
L. Craig Britton, General Manager
Contact person:
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Director Davey
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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 J
Board of Directors:Pete Siemens,Mary C:. Davey,Jed Cyr, Deane Little, Nonette Han ko, Betsy Crowder,Kenneth C,Nitz o Genera/Maoager:1.Craig Britton
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SILICON VALLEY
ECCAMPUS
EcoCampus Concept Proposal for the Shoreline/Charleston site
Vision: The Silicon Valley EcoCampus will promote sustainable regional development through
education, action, and collaboration by providing a "synergy of place" for the region's
environmental organizations,green-commerce entrepreneurs, residential and employee
communities,and businesses. EcoCampus will be an unprecedented national model for public-
private-non-profit partnering to promote regional sustainability.
Description:
EcoCampus will be a dynamic place that serves the area's community and businesses by bringing
together a broad range of non-profits and green-commerce entrepreneurs that promote
sustainability. Its offerings could include community classes and exhibits,corporate volunteer
opportunities, and incubator services for emerging organizations. The Shoreline site's 4.6 acres is
ideal in that it offers adequate space for such a broad vision,sits in the midst of several thousand
corporate employees, next to a park and baylands, and is central to all of Silicon Valley via public
and private transportation.
This concept builds on the current success of the Peninsula Conservation Center Foundation's
EcoCenter,which currently hosts 9 organizations and offers "incubator services" to dozens of start-
up non-profits over the past 30 years. Going to the next level in scale and scope will require broad
partnering among public,private, and non-profit sectors in our community. This synergy will
promote regional sustainability in three ways,including the following examples:
• Education of students, residents, employees,and businesses
— EcoCenter for environmental information and education,expanding the current PCCF
Library with lecture series and community meetings on local environmental issues
— Demonstrations,classes,and projects on sustainable building,use of renewable energy(incl.
current photovoltaic project), native plant garden, organic gardening &composting, etc.
— Training and conference hosting for sustainable business practices and networking (building
on the current Business Environmental Network)
— Hosting of exhibits and museum topics, Incl. "Walk Through Time" exhibit
— Content creation and distribution for EcoGuide.org,the online counterpart for EcoCampus
— Using the EcoCampus itself as a model of sustainable building materials &practices
• Collaboration among non-profits,businesses, and regional governments/agencies
— Co-location and synergy among 15-30 non-profit and for-profit organizations
— Opportunity for "social entrepreneurs" to build sustainable businesses (incl. cafes for area
businesses,green-commerce retailers,etc)
— Incubator services for new organizations to address emerging issues for the community
(who would otherwise have no home in today's real estate market)
— Development of online activities,volunteering,and fundraising through EcoGuide.or�
— Opportunities for businesses to share best practices and pursue joint ventures in sustainable
management practices
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4.M4,po."Aarlon
For more information or feedback, please visit www.EcoCa.mpus.org 00—
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• Action through all of the above
— Facilitating new levels of activity and volunteerism and inter-organizational projects not
currently possible in the fragmented,under-funded world of non-profits
— Providing a magnet for local corporations' employees to find volunteer and team-
building opportunities,working closely with their community affairs departments
— Planting a heritage orchard/urban farm as a tribute to the history of the "Valley of
Heart's Delight" and as a way to promote locallv grown organic foods
— Trails services,information,and maintenance (esp. for nearby Stevens Creek Trail)
Benefits:
The benefits of all of the above to the City of Mountain View,its residents and businesses,and
indeed those of the entire region, are dramatic and unprecedented. They fill an unmet need in the
current efforts by the region's cities and Silicon Valley Joint Venture to prepare the region for
sustainable development: the need for environmental stewardship and collaboration. Through
education,collaboration, and action,EcoCampus will fill this need and provide a national model for
regional sustainability at the necessarily diverse grassroot levels.
Development Team &Backers:
The EcoCampus effort is currently supported and backed by the Boards and members of
• Peninsula Conservation Center Foundation
• Bay Area Action
• Foundation for Global Community
• Business Environmental Network
• Community Impact
• Sierra Club, Loma Prieta Chapter
• San Francisquito Creek C RMP
• Greenbelt Coalition
• Committee For Green Foothills
• Common Ground
• Center for Economic Conversion
As well as key individuals with relevant expertise, including:
• Dean Little and Mary Davey of the Midpeninsula Regional Open Space District Board
• Jim Baer, a major developer based in Palo Alto
• Two veteran architects have also expressed an interest in site planning and concept designs
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Start-up Funding &Business Model:
Buildings, grounds, and other start-up costs will be addressed through:
• Current PCCF Trust building&assets
• Foundation for Global Community lease revenues and assets
• Partnering with private developers (who may develop the rest of the site)
• Foundations and corporate/private fundraising campaigns
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The ongoing operational costs and business model will cost the City nothing, as provided for and
administered by the community of non-profit and for-profit organizations that is EcoCampus.
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For more information or feedback, please visit www.EcoCampus.org »unity
May_, 2000
Dear Mountain View City Council Members,
I am writing on behalf of<a wonder, icl QWanization concerned with Bay Area
sustainability> to join the growing coalition of leading Bay Area organization in lending
our support to the EcoCampus effort. This proposal for the Mountain View
Shoreline/Charleston site has been brought forth by the Peninsula Conservation Center
Foundation, Bay Area Action, and the Foundation for Global Community. These groups
have been actively developing the EcoCampus concept and are searching for a location.
The EcoCampus will create a national model for regional environmental groups and
progressive green-commerce entrepreneurs to share a facility, increase collaboration and
public services, and incubate new efforts in a real estate market that threatens many such
organizations.
The vision we share with the EcoCampus is to have an ecologically designed
demonstration building to house offices, information and meeting space surrounded by a
demonstration garden and other educational projects like a heritage orchard <or
whichever projects are most interestinto the organization>. The EcoCampus will serve
the community by offering the visual relief of open space, workshops and forums on
sustainability, and one-stop "shopping" for environmental information, products, and
volunteer projects. It will also serve as a national model to promote sustainability.
The EcoCampus would give the City of Mountain View and the surrounding region a
sustainable model to emulate as the Peninsula evolves to meet the needs of the 21 st
Century. We encourage you to support this vision by allocating the 4.6 acres of the
Shoreline/Charleston site to this effort.
Sincerely yours,
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Regional Open .,.. ace
1
-64
Me0e0ting 00-13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 24, 2000
AGENDA ITEM 2
AGENDA ITEM
Grant of Easement to Town of Portola Valley for Slope Repa' to-Alpine Road, and Acceptance of
Conservation Easement from the Town of Portola Valley O er Three Parcels Along Corte Madera Creek
Adjacent to Windy Hill Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are exempt from the California Environmental Quality Act
(CEQA) as set out in this report.
2. Adopt the attached Resolution authorizing the President of the Board to execute an Easement
Exchange Agreement for a permanent slope easement in favor of the Town of Portola Valley, in
exchange for acceptance of a conservation easement from the Town of Portola Valley over three
parcels along Corte Madera Creek adjacent to Windy Hill Open Space Preserve.
3. Authorize the General Manager and General Counsel to approve minor revisions to the Easement
Exchange Agreement that do not involve any substantial change to the agreement as set forth in this
report.
DISCUSSION
At your May 8, 2000 meeting, you authorized a License Agreement with the Town of Portola Valley for
repairs to Alpine Road adjacent to Windy Hill Open Space Preserve (see report R-00-63). A covenant of the
License Agreement was for the District to grant to the Town of Portola Valley a permanent slope easement
for road-related repairs over the section of Windy Hill Open Space Preserve adjacent to Alpine Road near
Willowbrook Road. In addition, the License Agreement was conditional upon the Town of Portola Valley
granting a permanent conservation easement in favor of District upon the Town's property located southeast
of Lauriston Road.
Slope Easement to be acquired by the Town of Portola Valley
The proposed easement to be granted by the District is for slope and road repair rights to the Town of Portola
Valley over approximately 3 acres of District land that has been dedicated as public open space. The area of
the easement is part of Windy Hill Open Space Preserve, and generally encompasses an area between Alpine
Road and Corte Madera Creek. The area is a steep slope that is part of a densely vegetated riparian corridor
(see attached Maps 1 and 2). In accordance with Public Resources Code Section 5540.5, the granting of
rights over dedicated lands requires at least an equal exchange of value and a unanimous vote of the Board
of Directors. This exchange of value will be accomplished through the acquisition of a conservation
easement over Town of Portola Valley property. District staff has determined that the easement exchange is
of equal or greater value, and in accordance with Public Resources Code Section 5540.5.
1 330 Distel Circle a 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-00-64 Page 2
Conservation Easement to be acquired by District
The proposed easement to be acquired by the District is a non-exclusive Riparian, Conservation, and Open
Space Easement over Town of Portola Valley property adjacent to Windy Hill Open Space Preserve. This
property is part of the same Corte Madera Creek riparian community for which the Town is obtaining the
Slope Easement from the District. The Conservation Easement will protect an area of approximately 23
acres as shown on the attached Map 3. The area is bounded by Alpine Road and Corte Madera Creek,
starting at the area of the Lauriston Road connection to Alpine Road, and stretching southeast toward Coal
Creek Open Space Preserve.
Staff, in cooperation with the Town of Portola Valley, has incorporated environmental protection guidelines
(see the Programmatic Section 4(F) Evaluation attached to report R-00-63) to be followed during any repair
work done within the Conservation Easement area. These guidelines are specific to the current repair work,
and shall apply to any future work. Staff has incorporated additional general environmental protections into
the Easement Exchange Agreement as further safeguards for District land, and Town lands covered by the
Conservation Easement.
ENVIRONMENTAL SAFETY
The Alpine Road Downslope Repair Project will involve construction work to be performed in and around
Corte Madera Creek. Safeguards for the creek environment to eliminate or decrease damage from the
project activity have been built into the attached Easement Exchange Agreement. The Programmatic
Section 4(F) Evaluation for the Alpine Road Downslope Repair Project has addressed many of the
potentially damaging effects of the current project. The Evaluation cites techniques that will be followed
during construction and revegetation activity. A summary of the environmental protections to be followed
during the current Project are as follows:
• Coordination and consulting with the California Department of Fish and Game, U.S. Army Corps of
Engineers, San Mateo County, Midpeninsula Regional Open Space District, and the Regional Water
Quality Control Board.
• Appointment of a Project Biologist/Restoration Specialist to oversee and monitor compliance with
environmental requirements during the current project.
• The ability to add environmental protections during the current project as they may
become apparent.
In addition, the Easement Exchange Agreement provides long term protections for both the conservation
area of the Town property as well as in slope easement areas of District land. A summary of these
protections are as follows:
• Protections identified in the Section 4(F) Evaluation shall be adhered to when any future improvements
or repairs are conducted.
• Design review and approval by the District on any future activity.
• District review and approval of any seed mixtures used for revegetation.
• Town shall retain responsibility of maintenance and repair over Eagle Trail.
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R-00-64 Page 3
CEQA COMPLIANCE
Project Description
The CEQA project consists of the approval of granting an approximately 3-acre slope easement over an area
previously designated as open space. The CEQA project also includes the granting of a new conservation
easement over an area of approximately 23 acres.
As a result of the exchange of easements, there will be a road project involving the granting of four
permanent road easements within the Alpine Road alignment; a slope easement for the construction of one
retaining wall, repair of two gabion retaining walls, and the installation of nine drainage culverts. The
construction work will be performed by the Town of Portola Valley on a section of the Windy Hill Open
Space Preserve as part of the Alpine Road Repair Project.
CEQA DETERMINATION
In relation to the exchange of easements, Section 15317 of the California Environmental Quality Act
Guidelines exempts the acceptance of easements in order to maintain the open space character of an area.
The acceptance of the grant of easement over the Conservation Easement area will maintain the current open
space character of the area.
As the lead agency on the road repair project, the Town of Portola Valley filed a Notice of Exemption under
Sections 21080(b)(4) and 15269(b) and(c) of CEQA. As lead agency, the Town is also responsible for
obtaining the required permits from the State of California Department of Fish and Game, and any other
permits.
TERMS AND CONDITIONS
As part of the proposed Easement Exchange Agreement, Portola Valley has agreed to the following:
1) Granting by Town of a Conservation Easement in favor of the District over approximately 23
acres of the Town's property located southeast along Corte de Madera Creek, identified as
Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160 (see Map 3).
2) Restoration of any District land impacted by the construction work. This will be done with
erosion control and revegetation with native plants.
3) Performance of mitigation measures as outlined in the Section 4(F) Evaluation and the Easement
Exchange Agreement, within all lands impacted by construction.
4) Obtain the necessary permits from the State of California, Department of Fish and Game for the
construction of the slope improvements.
5) Include District staff in preconstruction meetings.
6) Exercise care during construction and keep District lands free from debris and surplus materials.
7) Assume liability and provide insurance for the construction project.
As part of the proposed Easement Exchange Agreement, District has agreed to convey a Permanent Slope
Easement over approximately 3 acres of District land within San Mateo County's Assessor Parcel Number
076-340-070.
R-00-64 Page 4
The proposed Easement Exchange Agreement assures protection of District land and allows for the repair of
Alpine Road. The Easement Exchange Agreement includes protections for current and future work that may
take place along this section of Alpine Road on District land, and a much larger area of land along Alpine
Road owned by the Town of Portola Valley. While the Agreement protects the riparian environment along
the road, the Town will remain responsible for maintaining the road and trail improvements.
ALTERNATIVE TO THE EASEMENT EXCHANGE
At your May 8, 2000 meeting, you directed staff to present an alternative to the easement exchange for your
consideration in the event you did not agree to this exchange on a unanimous basis. Staff suggests that the
basic format of the License Agreement could be used as an alternate method. The License Agreement would
need to be amended to enable a longer term since it currently expires upon execution of the Easement
Agreement, anticipated for July 1, 2000. Possibly one initial term could be ten(10) years, with two I 0-year
options to extend. The License Agreement contains environmental protections during the current road repair
project, and would be amended to allow potential future repairs and improvements, and ensure
environmental protections are followed during any such future work. The language in the current License
Agreement conditioning execution of an easement exchange would be omitted. If the Board desires to
pursue this alternative to the easement exchange, please direct staff to negotiate a new Term License
Agreement with the Town of Portola Valley and bring the agreement to you for consideration at a future
Board meeting, hopefully the one on June 14, 2000. This alternative method would not require a unanimous
vote of the full Board, and all possible environmental protections would continue to be required during the
planning and process of construction. This alternative to the Easement Exchange would not provide for
placement of a conservation easement over approximately 23 acres of Town land.
LIST OF ATTACHMENTS
Agreement For Exchange of Easements
Slope Easement Maps land 2
Conservation Easement Map 3
Prepared by:
Thomas W. Fischer, Land Protection Specialist
Contact person:
Same as above
RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING AND AUTHORIZING ACCEPTANCE OF THE
AGREEMENT FOR EXCHANGE OF EASEMENTS,
AUTHORIZING THE PRESIDENT OF THE BOARD OR
OTHER APPROPRIATE OFFICER TO EXECUTE AN
EASEMENT DEED TO THE TOWN OF PORTOLA VALLEY,
AND TO EXECUTE A CERTIFICATE OF ACCEPTANCE OF
EASEMENT DEED TO DISTRICT, AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL
OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO
CLOSING THE TRANSACTION (WINDY HILL OPEN SPACE
PRESERVE - TOWN OF PORTOLA VALLEY)
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 the Agreement for Exchange of Easements between the Town of Portola Valley
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 of the Board or appropriate officers
to execute the Agreement on behalf of the District.
Section Two. The President of the Board or other appropriate officer is authorized to execute
an Easement Deed conveying certain real property interests to the Town of Portola Valley.
Section Three. The President of the Board or other appropriate officer is authorized to
execute a Certificate of Acceptance of the Easement Deed conveying certain real property
interests being acquired by the District.
n F r. The General Manager of the District shall cause to be given appropriate notice
Section ou
g g
of acceptance. The General Manager is further authorized to execute any and all other
documents necessary or appropriate to the closing of the transaction approved in this
Resolution. The General Manager and Legal 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.
Section Five. The Board of Directors finds and determines that, pursuant to Section 5540.5 of
the Public Resources Code of the State of California, the granting and acceptance of these
Easements is consistent with Public Resources Code 5540.5.
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WINDY LL OPEN SPACE ESERVE
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MAP 1: SLOPE EASEMENT AREA AT WINDY HILL OPEN SPACE PRESERVE
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-49
Meeting 00-13
May 24, 2000
AGENDA ITEM 3
AGENDA ITEM
Approval of Agreement for District Operation a4M 'agement' IfSanta ClaraCounty Rancho
San Antonio Park
ENERAL MANAGER' REC MMENDATI
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act(CEQA), as set out in this report.
2. Authorize the President to execute the attached Agreement with Santa Clara County for
District management of the County Park.
3. Approve the addition of$144,000 to the Operations Program's budget for Fiscal Year 2000-
2001, as outlined in this report.
4. Approve the addition of one regular full-time Open Space Technician position and an
additional 750 hours of Seasonal Open Space Technician hours for management assistance
for fiscal year 2000-2001.
5. Refer to the Administration and Budget Committee the task of adjusting the Operations
Program base budget for fiscal year 2000-2001 to reflect the increased costs for the
management of Rancho San Antonio County Park.
CURRENT SITUATION
In January 1999, Santa Clara County proposed the imposition of entrance fees at all of its parks,
including Rancho San Antonio County Park. This 165-acre park serves as the gateway to the
District's 2,000-acre Rancho San Antonio Open Space Preserve.
Informal discussions were held between District and County staff regarding Rancho San Antonio
County Park, because of the impact of the proposed fees on the Park's status as a gateway facility
to the District's preserve. During these discussions it was proposed that the District assume
management responsibilities for the County Park if the District was desirous of retaining cost-
free entry for the Park and Preserve.
I
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 T^
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz .General Manager:L.Craig Britton
R-00-49 Page 2
The Board directed staff to negotiate with the County to reach agreement(initially by means of a
lease) whereby the District would assume lease and management responsibilities for the County
Park, in exchange for financial support of future acquisitions and a commitment to the continued
support of Deer Hollow Farm. In the Spring of 1999 staff from the District and the County
began meeting to develop cost estimates and to begin work on an operations and management
agreement as the appropriate vehicle to meet the stated goals, rather than a lease. Negotiations
have continued throughout the past year. District and County staffs have worked closely
together to negotiate an agreement that meets the needs and concerns of both agencies. The
attached agreement is the culmination of these efforts.
DISCUSSION
Background
At the time that the District first acquired the former Perham property, which became the nucleus
of Rancho San Antonio Open Space preserve, the only entrance was through the Los Altos
residential community along St. Joseph's Avenue (see report R-77-36). Since there was no park
located in the northern area of Santa Clara County, the District urged the County to acquire
Rancho San Antonio Park from the St. Joseph's Seminary (San Francisco Archdiocese of the
Catholic Church). The purchase was a three-way transaction that included the County, the
District and the City of Sunnyvale. This transaction resulted in the creation of Rancho San
Antonio County Park and Skyline Sanborn County Park. At the same time, the City of
Sunnyvale divested itself of its "mountain park"and used the proceeds to acquire urban open
space land near the civic center. Subsequently, the County completed a master plan for Rancho
and developed the parking, trails, and other facilities. Also, at the District's urging, the County
acquired the meadow area located between Permanente Creek and the extension of St. Joseph's
Avenue as an addition to the Park. Rancho San Antonio County Park became the gateway
facility to the most heavily used of the District's preserves and the parking and access
successfully replaced the informal entrance to Rancho San Antonio Open Space Preserve from
St. Joseph's Avenue.
Over time, the County has instituted entrance fees at most of its parks. However, Rancho has
remained open at no cost, mainly through the efforts of the District and the various members of
the County Board of Supervisors that represented this area over the last decade. It was important
to the District that Rancho San Antonio Open Space Preserve remain open to the public at no
cost, as is the case with all of the District's other preserves. Quite appropriately,the County
reviewed their entry fee policy and decided that consistency throughout their system is necessary
and equitable. This creates a two-fold problem for the District, as the public, not necessarily
understanding the difference in agency jurisdiction, may assume that it is the District charging
the fee. Also, there is a concern that the implementation of a County entrance fee at Rancho San
Antonio County Park would revive the parking and access problems at St. Joseph's Avenue that
were largely solved with the construction of the County Park facilities.
POTENTIAL IMPACTS AND CONCERNS
District Board members, administrative and field staff have expressed concerns about a variety
of issues about managing the Park, ranging from maintenance of newly planted trees to fencing
R-00-49 Page 3
and security of the facility. Concerns have also been raised about:
* District's management of a park facility.
9 Differences in management philosophy between the District and the County, which could
confuse visitors in the future.
9 Increased maintenance and operations workload.
0 District's lack of expertise in the maintenance of developed facilities and landscaped
areas.
* Impact on ranger patrol of existing lands, given the popularity of the Park and adjacent
Preserve.
Staff Impacts
Implementation of this Agreement will have a number of impacts on staff workload. The
addition of one regular full-time open space technician, and additional seasonal open space
technician hours will provide for the majority of the maintenance needs of the Park; however,
some specific concerns still remain, as follows:
• Patrol workload will increase. Santa Clara County park rangers issued 1,261 citations in
Rancho San Antonio County Park from 1995 through 1999. The majority of these(90%)
were for parking violations. During the same time period District staff issued a total of 2,518
citations for all District preserves, only 706 of which were parking violations.
It is expected that staff will have to spend a considerable amount of time in the County Park
to manage parking and public use. The parking lots frequently reach capacity by mid-
morning. With an estimated visitation of 500,000 people per year, District rangers will be
making more contacts for violations than is the norm in District preserves; however, the
nearby presence of the field office, and the fact that rangers already drive through the County
Park mitigates some of the impact on patrol time.
• Maintenance workload will increase. At heavy-use times, which occur on both weekdays and
weekends, the restrooms will need to be cleaned every two hours or so to maintain sanitary
conditions for users. Additional maintenance workload will include:
• Maintenance of approximately two-thirds of a mile of paved paths, three bridges and
paved roadways.
• Mowing of an estimated five acres of improved grassland areas, including a model
airplane area.
• Installation and maintenance of visitor information and regulation signs.
■ Maintenance of landscaping and irrigation systems around the restrooms and parking
areas, and at the Cristo Rey entrance.
■ Maintenance of planted trees and drip irrigation systems.
M Maintenance of the restroom building, and fencing.
R-00-49 Page 4
• Administrative workload will increase. There will be a significant increase in the number of
appeals of parking citations. Correspondence with the public regarding park conditions and
issues will increase.
• Management responsibility for the County Park will also entail a workload increase for the
Planning Program. Examples of likely tasks include:
■ Coordination with County Parks Planners (and National Park Service staff in the case of
the De Anza Trail) regarding implementation of future trail connections to the open space
areas still managed by the County.
■ Support of Operations staff in communicating with neighbors and Park users regarding
use of the Park and its facilities (picnic tables, fields,tennis court, fitness course, handball
court, etc.), and impacts from the Park(potential hazard trees, weeds, animals, parking in
neighborhoods, etc.). No District preserve has this extent or proximity of adjacent
residential development, or these types of recreational facilities.
■ Coordination with County Parks staff regarding future repair, alteration or improvement
of facilities.
• Use of the land protection specialist's and ranger staffs time to investigate and mitigate
encroachments that could result from the adjacent subdivision.
• Liability issues related to a developed park differ from an open space preserve in a
natural condition. Legal issues, claims and risk management workloads are likely to
increase. The District will be insured for most of these risks; however, work loads for the
legal staff, and others, will be affected.
cost
Various financial analyses were conducted,based on cost estimates for the full 10-year
agreement period. The most appropriate model shows that break-even would occur if costs grow
at 6.0% and a return on investment of 6.0% is achieved(see Exhibit 3). However, given the
projected expenses over the ten-year life of the Agreement, it is likely that additional District
funding will be required to fulfill the District's management obligations.
If the Management Agreement is approved, staff estimates that the total budget necessary for the
balance of the current fiscal year is $144,000 (see Exhibit 4). This figure is based upon a July I
start date, with only nine months of estimated expenses being incurred during the first fiscal year
of the Agreement. The budget would include the addition of one open space technician position,
and the addition of seasonal hours($44,700). Additional costs ($78,300), including the $50,000
support for Deer Hollow Farm, would be incurred for services and supplies. An additional
maintenance truck and radio would be required, which will cost$2 1,000. The truck and radio
are a one-time cost.
Patrol staffing needs for the balance of this fiscal year will be provided for by the current
operating budget. Additional ranger staffing may be needed in future years. The District can
R-00-49 Page 5
make a determination of the necessary staffing levels with better accuracy after the completion of
the first year of management of the Park.
MANAGEMENT AGREEMENT (See attached Exhibit 1)
In negotiating the Management Agreement, staff utilized input from Board members, field and
administrative staff to develop and address important concerns and potential conflicts. Key
provisions are addressed below, and are more fully developed in the Agreement.
• The scope of this Management Agreement is limited to the developed 165-acre portion of the
Park, plus three small parcels (comprising a total of 4.8 acres) that will be dedicated to the
County as a result of the recent development adjacent to the Park(see areas marked "Area
B," on Exhibit 2).
• Two parcels of land, located to the south and southeast of the existing southern Park
boundary will be dedicated to the County,but are excluded from the Management
Agreement. These additional areas were excluded to limit the District's involvement with
trail construction, adjacent neighbor and other concerns which are likely to be experienced by
the agency that manages these areas. In addition, these areas do not serve as the gateway to
District lands.
• The County will make a one-time payment of$1,500,000 to the District from the County's
park acquisition fund to be used by the District for open space acquisitions in Santa Clara
County. This would include the amount necessary to continue the level of support that the
County has made to Deer Hollow Farm over the past four years.
• The District will commit to negotiate an agreement for the continued operation of Deer
Hollow Farm, at a level of funding of at least$50,000 per year for ten years.
• The Management Agreement provides for continuation of the Sheriffs Park Patrol coverage,
as long as County Parks maintains a contract with the Sheriffs Office for supplemental patrol.
This provision of the Management Agreement will continue until County Parks and the
District negotiate a formal District-wide mutual aid agreement.
• The Management Agreement clearly stipulates that District ordinances will be enforceable in
the Park, along with certain County ordinances, as provided for in the District's Operations
Manual.
• The County has agreed to complete a number of projects to mitigate certain park
management concerns. These are covered in the attached exhibit "List of County
Responsibilities," (see Exhibit 4 in the Management Agreement).
• Two issues: the installation of a fencing near the Cristo Rey entrance to deter after-hours use;
and the completion of previously scheduled asphalt repairs, have been addressed to the
satisfaction of the District and County in a side letter to the Management Agreement. It
should be noted that the area where the fence would be installed (Area B - see Exhibit 2) is
i
R-00-49 Page 6
not yet under the County's control, and so the County does not have the authority to install
fencing at this time.
• There will be a 60-day period of joint operation of the Park by District and County staff to
ensure that District staff have an adequate opportunity for orientation and training.
• The Management Agreement is for a ten year period, with an option for either party to
terminate after two years, as long as six month's written notice is given. In the event of
termination the District will refund a pro-rated amount of the $1,000,000 of acquisition funds
to the County, whether they have been expended by the District or not. The remaining
$500,000 would be retained by the District based upon the District's pledge to continue
funding for Deer Hollow Farm at the minimum level of$50,000 per year.
• The District is required to adhere to the County's "Rancho San Antonio County Park Master
Plan." However, procedures have been outlined in the Management Agreement for
additions, removal or changes to facilities. It is not the District's intention to add or expand
facilities.
• The Management Agreement provides for the County to initiate the process to protect the
specimen California Laurel Tree (Umbellularia Californica) which is located near the tennis
courts.
• The Management Agreement specifically exempts the District from responsibility for the
private bridge, which enters the County Park over Permanente Creek and for the "grotto
area" located near Permanente Creek.
CONCLUSIONS
Rancho San Antonio County Park is the gateway facility to the District's most heavily used
preserve, and to Deer Hollow Farm. The Park, with its parking facilities, was constructed with
encouragement from the District to assist the District in helping to solve access and parking
problems. Although there are a number of concerns and issues regarding the District's
management of a more developed facility, on balance, this seems to be the only feasible method
of assuring free access to Rancho San Antonio Open Space Preserve, while receiving funding
from the County to aproximately equal the District's out-of-pocket costs. The attached
Management Agreement serves to protect District and County interests while ensuring continued
County support for the Deer Hollow Farm program.
CEOA COMPLIANCE
Project Description
The project consists of the implementation of an operation and management agreement with
Santa Clara County Parks whereby the District manages a 170-acre portion of Rancho San
Antonio County Park. The land is within Santa Clara County, adjacent to Cristo Rey Drive in
Los Altos. The property will remain in its current state of development.
R-00-49 Page 7
CEQA Findings
The District concludes that the project will not have a significant effect on the environment. It is
categorically exempt under Sections 15301 (Class 1) and 15061 (b) (3) of the California
Environmental Quality Act (CEQA).
Class I categorical exemptions consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
The proposed actions will not affect use at Rancho San Antonio County Park or Rancho San
Antonio Open Space Preserve. The project does not involve any expansion of use nor the
construction of any new facilities. No alterations of existing physical conditions of the land are
proposed. No new trails are planned to be created. Further, it can be seen with great certainty
that there will be no significant effect on the environment from this project, consistent with
Section 1506 1(b) (3). Section 1506 1(b) (3) states that "CEQA applies only to projects which
have the potential for causing a significant effect of the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA."
The purpose of the proposed project is to retain the current access for the public, without the
imposition of user fees. The project will not change the physical environment nor commit the
District to construct, open, or close any preserves or trails,now or in the future, with the
exception of the trail closures identified as part of this project. Based upon a consideration of the
record, there is no possibility that the project will have a significant attention to the environment.
Public Notification
Property owners of lands located adjacent to and surrounding the Park have been mailed written
notices of the meeting to consider this Agreement. Notices were also posted at various locations
in the Park and the Preserve, and given to the adjacent Forum development.
Prepared by:
Gordon Baillie, Management Analyst
John Escobar, Assistant General Manager
L. Craig Britton, General Manager
Map prepared by:
Ana Ruiz, Planning Technician
Contact person:
John Escobar, Assistant General Manager
R-00-49 Page 8
Attachments:
Exhibit I - Management Agreement
Exhibit 2 -Map of Proposed Management Area
Exhibit 3 -Financial Analysis of Cost Versus Revenue of Management Agreement
Exhibit 4 - Budget Summary
i
Agreement for Open Space
Acquisition
Operation and Management of
Rancho San Antonio County Parr
between
Midpeninsula Regional Open Space
District and County of Santa Clara
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EXHIBIT I
Agreement between Midpeninsula Regional Open Space District
and County of Santa Clara for the Management of
Rancho San Antonio County Park
This Agreement is between Midpeninsula Regional Open Space District (hereinafter, "District")
and the County of Santa Clara (hereinafter, "County') for the management of specified areas of
Rancho San Antonio County Park (hereinafter, "Park") for the term and upon the conditions and
covenants set forth below.
I
Recitals
A. County owns and operates Park, a 165 acre land area serving as a regional facility for public
park and recreation purposes with associated public improvements located in the
unincorporated area of Santa Clara County.
B. County and District desire that District assume management of a portion of the Park, which
serves as a gateway facility to District's Rancho San Antonio Open Space Preserve
(hereinafter, "Preserve").
C. County has provided $50,000 per year for the past four years for the operation of Deer
Hollow Farm under an agreement among County, District, and the City of Mountain View,
under a Site Lease with the District. County desires to ensure continued funding for Deer
Hollow Farm working in cooperation with District under the terms of this Agreement.
D. Both parties have determined that this Agreement is beneficial to the public which the
agencies serve, will prevent duplication of services at the Park, and will carry out their
objectives and purposes by enabling District to plan, acquire, operate, and manage a system
of trails in the Park and the adjacent Preserve for public use and enjoyment.
E. To enhance acquisition of open space, County wishes to contribute $1,500,000 to District's
efforts to preserve open space lands in Santa Clara County.
Therefore, in consideration of the mutual promises, covenants, and conditions contained in this
Agreement, District and County agree as follows:
Article 1. Area Covered
The term "Park" shall mean the existing 165-acre parcel, as identified in the Rancho San Antonio
County Park Master Plan Report of May 1992 (hereinafter "Master Plan"), and as shown on the
Plat attached hereto and incorporated herein as Exhibit 1. Upon acquisition of the fee interest by
County, the term "Park" shall also include the area marked "Area B" consisting of 4.8 acres in
the AGREEMENT FOR EXCHANGE OF PROPERTY&EASEMENTS-ROMAN CATHOLIC
BISHOP OF SAN JOSE,O'BRIEN GROUP,CITY OF CUPERTINO& COUNTY OF SANTA
CLARA dated June 24, 1998, as shown on the plat attached hereto and incorporated herein as
Exhibit 2, subject to a joint inspection by District and County of said Area B prior to acquisition
of the fee interest by County. County shall transfer said Area B to District in a good, clean and
safe condition.
Article 2. Term
a. The term (herein, "Term") of this Agreement shall commence on July 1, 2000, and shall
terminate at midnight, June 30, 2010. There shall be a transition period of sixty (60) days
following commencement of the Term when County shall provide to District a sufficient
number of personnel, services and resources to assist District in the orderly assumption of
District's responsibilities as set forth herein.
b. The Agreement may be extended upon the mutual written consent of both parties,
including terms for payment of additional compensation, for a second ten (10) year
period. If both parties wish to extend the term of this Agreement, they shall each notify
the other in writing of the wish to extend at least twelve (12) months before the end of the
term of this Agreement. The parties shall then meet and confer at least nine (9)months
before the end of the term of this Agreement to determine the terms and conditions of
such an extension. If the parties agree on such terms, each shall submit the proposed
terms to its governing body for approval at least three (3) months before the end of the
term of this Agreement.
Article 3. Compensation
County shall pay to District One Million Five Hundred Thousand Dollars ($1,500,000)
(hereinafter, the "Compensation") for the Term of the Agreement in consideration of District
obligations hereunder. Within the Term of this Agreement, District shall expend the entire
amount to acquire open space land in Santa Clara County consistent with Section 604 of the
County's Park Charter Fund. County shall make a determination of consistency with the
restrictions of said Park Charter Fund. District shall provide County with documentation
showing the disbursement of the County Funds for open space acquisitions consistent with this
Agreement. County shall deliver payment of the $1,500,000 to the District within 60 days of the
execution of the Agreement by County and District.
Article 4. Rights and Responsibilities of District
District will maintain the Park and the existing facilities as are listed in Exhibit 3 (hereinafter,
"Existing Facilities"), attached hereto and incorporated herein by reference, to ensure a clean and
orderly site, accessible to the public in such manner and by such means as will reflect positively
upon District and County. The following specific duties shall be performed by District:
a. Financial Obligations
District shall negotiate in good faith and attempt to reach an agreement with the City of
Mountain View and such other entities as may desire to contribute to the operation or
funding of Deer Hollow Farm (herein "Deer Hollow Agreement"). In the event such
Deer Hollow Agreement is reached, District shall contribute Fifty Thousand Dollars
($50,000.00) per year for the Term of this Agreement toward the management of Deer
Hollow Farm under such Deer Hollow Agreement. District shall provide County with
documentation showing such funding and shall provide County with a copy of any
agreement(s)with the City of Mountain View, et al., for Deer Hollow Farm. In the event
the District is unable to reach such an agreement with the City of Mountain View,
District agrees that during the Term of this Agreement it will operate a program at Deer
3 �
I
Hollow Farm at a service level to be determined by District and which will be funded by
District in an amount of no less than $50,000.00 per year.
b. Operational Responsibilities
(i) District shall provide routine ranger patrol for the enforcement of District
regulations, and selected Santa Clara County Park ordinances as determined by
District.
(ii) District shall set and adjust hours of Park operation.
(iii) District shall issue and administer all permits for vending and special uses for the
Park. District shall set the standards for the issuance of such permits, the issuance
of which shall be within the sole discretion of District. County represents and
warrants that no legal or valid pen-nits are outstanding as of the commencement of
the Tenn.
(iv) District may undertake such other operational, enforcement or regulation activities
as District deems appropriate to the safe and orderly operation of the Park.
c. Maintenance Responsibilities
(i) District shall provide routine maintenance and repair of the surfaced areas,
including crack-sealing, and repair of degraded areas.
(ii) District shall provide routine maintenance of the tennis courts, including
replacement of the tennis nets as necessary,but excluding sweeping or washing of
the courts, and excluding regulation of tennis play.
(iii) District shall provide grounds maintenance, including mowing of use areas, fencing,
landscaping adjacent to parking lots, emptying and replacement of garbage cans
and associated holders, and policing of the areas for litter and general appearance.
(iv) District shall provide maintenance and repair of all Existing Facilities, including
restrooms, water and irrigation systems, electric gates and bridges provided that the
cost of any individual repair or maintenance project does not exceed $25,000.
(v) District shall have no maintenance or repair responsibilities for the pedestrian
bridge over Pennanente Creek located on the northernmost boundary of the Park
and shown on Exhibit 1.
d. Enforcement of District Regulations
District shall patrol and manage the Park in a manner consistent with its management of
adjacent District holdings to endeavor to ensure that the Park is kept in a safe and sanitary
condition and that deleterious or incompatible uses of the Park are prohibited. Should
any trespass or other unauthorized use or activity occur in Park, District may exercise its
authority to correct these matters, including, where necessary, enforcing District
regulations and ordinances and such County ordinances, as are specified in the current
edition of the District's Operations Manual. The Park shall be deemed to be property
under District's control for purposes of enforcement authority under Public Resources
Code Section 5558 and shall be deemed to be "District Lands," as defined in District
Ordinance No. 93-1.
e. Implementation of District Management Policies
District shall have the right to enact and implement management policies and established
management practices including, but not limited to resource management, wildlife
management, recreation management, wildland fire protection, and any other matters
necessary or appropriate for management of the Park by District.
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f. District Closure of Specified Areas
District shall have the right to designate portions of the Permanente Creek riparian
corridor as closed to public use on both a seasonal and permanent basis as appropriate,
and to enforce such closures pursuant to District ordinances and regulations, to protect
sensitive riparian habitat. District may close other portions of the Park where and when
deemed necessary to avoid or correct a public health, safety or environmental hazard.
g. Compliance with Federal, State and Local Laws
The District shall be responsible for compliance with applicable federal, state and local
laws with respect to its management activities. The District shall have no responsibility
for violations of such laws caused by pre-existing conditions, activities occurring on
adjacent developments, or any other factor outside of the District's control.
Article 5. Rights and Responsibilities of County
a. Infrastructure Maintenance and Repair
(i) County shall be solely responsible for the management, operation, repair, and
maintenance of the facilities located in "Area C" as shown on Exhibit 1 and for the
management, operation, repair, and maintenance of the pedestrian bridge over
Permanente Creek as described in Article 4(c)(v) herein. District shall have no
management, operational, repair, maintenance, regulatory, legal or enforcement
obligations for either of said facilities under this Agreement.
(ii) Within 90 days of the commencement of this Agreement, County shall complete the
work identified in Exhibit 4, attached hereto and incorporated herein by reference
and District shall have no obligation therefore except as otherwise specifically
provided for herein.
(ill) County shall pay for mutually agreed upon single item capital expenditures,where
these are reasonably estimated to exceed $25,000 per project. The process for
determining whether to undertake such projects is as follows:
1. County and District staff will meet at least annually, on or before
December 15 of each year to identify the maintenance and repair needs
of the Park and develop a list of any maintenance projects proposed for
the following County fiscal year. The proposing party will provide cost
estimates for any proposed project.
2. The County Director of Parks and Recreation will determine at his or
her sole discretion if a project is to be undertaken and provide the
District with his or her written decision.
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3. If the Director approves a project, County will submit its funding
request for the next County fiscal year(July 1- June 30) through its
regular budget process.
4. If County's Board of Supervisors approves the project budget item,
County will proceed and complete the project within that fiscal year.
5. If County disapproves a project reviewed pursuant to this subsection,
District may, but is not required to, undertake such project if District,
in its reasonable discretion, believes that such project is necessary for
the protection of the public safety, health, welfare or the environment.
6. In the event County's Board of Supervisors approve the project budget
item, and County and District agree that it is in the best interests of
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both agencies that District carry out the County-funded project, then,
prior to its commencement, County and District shall mutually agree
in writing upon appropriate procedures for the bidding, contracting and
payment for such project.
b. County Sheriffs Park Patrol Services
Provided County is party to that certain Memorandum of Understanding between
Santa Clara County Parks and Recreation Department and Santa Clara County
Office of the Sheriff, effective July 1, 1999 for a term of three (3) years, or a successor
agreement thereto (herein, the WOU"), for the provision of law enforcement services to
the Santa Clara County Parks and Recreation Department, County shall maintain the
same level of Sheriffs Park law enforcement contractual services, including routine
patrols and emergency or urgent response, to, in and around the Park, at or above the
level of services as exist upon the date of execution of this Agreement. County shall
timelynotify District in writing of an amendments modifications or the expiration or
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other termination of the MOU.
c. Land Use Changes on Adjacent Properties.
County shall be solely responsible for reviewing, negotiating and approving any
easements, rights-of-way, plans and construction of all utilities and facilities to be
constructed on the County's lands associated with the adjacent Oak Valley residential
development, Gate of Heaven cemetery, and related facilities, provided, however, that in
no way shall any such easements, rights-of-way, plans or construction of utilities and
facilities in any way increase District responsibilities or duties hereunder without the
express written consent of District. County shall provide opportunities for District to
comment on the plans and construction arrangements. County shall coordinate with
District on the construction schedule, public information arrangements and safety
measures to be taken during the construction.
Article 6. Signage and Brochures
a. Signage.
(i) District shall work with County to design and install an appropriate sign at the
Park's Cristo Rey entrance, which identifies District's Preserve and District
operation of the Park. District shall be responsible for fabrication and
installation of such signage.
(ii) District may replace, modify or remove signage, including but not limited to
information kiosks in the Park, to conform to District's sign standards,
including, but not limited to trail signs, directional signs and interpretive
signs.
a. Brochures.
District and County agree to work cooperatively to develop a joint trail map and signage
program that identifies the relationship of the Park and District lands and acknowledges
the cooperation between the two jurisdictions in providing a regional facility for the
public. A map shall be prepared that describes both the Park and District lands and
facilities. District staff shall prepare this map with approval from County prior to
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publication. Costs (herein, "Costs") associated with developing and printing (both initial
and ongoing) of the site brochure and map will be shared equally between District and
County. The party paying the invoice for such Costs shall provide the other party with a
copy of the invoice showingpayment and said otherparty, within thin 30 days of
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receipt thereof, shall reimb rse the other party art for one-half of the Costs shown therein as
incurred.
Article 7. Procedures for Alterations of Park Facilities
a. Proposals for Alteration.
Either agency may propose alterations to Park facilities. County or District proposals
which would materially alter the Master Plan shall require approval by the County Board
of Supervisors and District Board of Directors. Proposals to add, remove or materially
alter a Park facility require the following process:
(i) County and District staff shall consult in good faith on the proposer's
conceptual plan and attempt to identify any areas of concern to each. The
conceptual plan shall be modified, as reasonably feasible, to address such
concerns before proceeding with the next step.
(ii) The proposer shall hold a public hearing, giving a minimum of 30 days'prior
written notice to all neighbors within a quarter-mile radius of the Park. The
public input shall be considered by the County and District staffs in
consultation to prepare the appropriate recommendations to their respective
legislative bodies.
(iii) District Board of Directors and County Board of Supervisors shall thereafter
receive the proposal with the recommendation of their respective staffs.
(iv) If a District proposal for addition, removal or alteration is approved by District
and County, District shall carry out its proposal at its own expense and shall
thereafter, if applicable, be responsible for the operation, maintenance and
repair of such added or altered Park facility. If the District and the County
approve a County proposal for addition, alteration or removal, the County
shall carry out its proposal at its own expense and shall thereafter, if
applicable, be responsible for the operation, maintenance and repair of such
added or altered Park facility.
b. Protection of Specimen California Laurel Tree
Within twelve (12)months of the execution of this Agreement, County agrees to initiate
and use its best efforts to protect and mitigate adverse effects on the specimen California
Laurel tree (Umbellularia californica) located near the tennis court facility located within
the Park. County shall be responsible for obtaining all necessary permits and approvals als
for such work and if so approved, District shall perform such work up to a cost of
$25,000.00. Any project costs which exceed S25,000 shall be borne solely by County.
c. Responsibility for Planning New Trails
District staff shall coordinate with County Park's staff in the planning and construction of
new trails in the Park.
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Article 8. Indemnification and Hold Harmless
a. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be
imposed between District and County pursuant to Government Code Section 895.6,
District and county agree that all losses or liabilities incurred by a party shall not be
shared pro rata but instead the County and District agree thjit,pursuant to Government
Code Section 895.4, each of the parties hereto shall fully indemnify, defend and hold the
other party, its officers, board members, employees and agents, harmless from any claim,
expense or cost, damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, board members,
employees or agents, under or in connection with or arising out of any obligation, right,
work, authority, or jurisdiction of such party under this Agreement. No party, nor any
officer, board member, employee or agent thereof shall be responsible for any damage or
liability occurring by reason of the negligent or wrongful acts or omissions or willful
misconduct of the other party hereto, their officers, board members, employees or agents,
under or in connection with or arising out of any obligation, right, work authority or
jurisdiction of such other party under this Agreement. If liability arises due to the
concurrent negligence of County and District, each party shall contribute costs of any
such suits, defense, damages, costs and liability in proportion to its fault as determined
under the principles of comparative negligence.
b. Notwithstanding the foregoing, County agrees to indemnify, defend and hold District
harmless against all liability arising from or related to (i) the pedestrian bridge crossing
Permanente Creek, described in Article 4(c)(v) herein, except to the extent that the matter
giving rise to the liability is directly attributable to the negligent or wrongful acts or
omissions of District's officers, employees or agents or otherwise arises out of matters
which, by the terms of this Agreement, are the responsibility of District; and (ii) the
facilities described in Article 5(a)(i) of this Agreement.
Article 9. Insurance
a. Throughout'the term of this Agreement both District and County, at their individual sole
cost and expense, maintain in full force and effect either self-insurance or a policy of
general commercial liability insurance with a company licensed to do business in
California, and reasonably acceptable to the other party, insuring against claims for
personal injury, death or property damage occurring in, or on or about the Park
(including, without limitation, District's use of license) to afford protection to the limit of
not less than Two Million Dollars ($2,000,000) aggregate limit for bodily injury or death
and to property damage. All such policies of insurance shall list District and County as
additionally insured.
b. County represents that it is self-insured and meets the conditions for this Agreement as
evidenced by the Statement of Insurance/Self-Insurance, attached hereto and incorporated
herein as Exhibit 5. District shall provide County a Certificate of Insurance when this
Agreement is executed and each year on the anniversary date of this Agreement.
8
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Article 10. Hazardous Materials
a. Responsibility of County
It is recognized by the parties that County shall deliver the Park to District free of known
Hazardous Materials.
b. Indemnification by County
County shall indemnify, defend upon demand with counsel reasonably acceptable to
District, and hold harmless District from and against any liabilities, losses, claims,
damages, lost profits, consequential damages, interest, penalties, fines, monetary
sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs,
and other expenses which result from or arise in any manner whatsoever out of the use,
storage, treatment, transportation, release, disposal, or presence from any cause or source
whatsoever of Hazardous Materials on, in, under, or about the Park which are presently or
previously existing, or which have migrated or in the future are migrating from adjacent
properties, or which are introduced or are permitted to be introduced by County or any of
its directors, officers, employees or agents (hereinafter, "County Hazardous Materials").
c. Indemnification by District
District shall indemnify, defend upon demand with counsel reasonably acceptable to
County, and hold harmless County from and against any liabilities, losses, claims,
damages, lost profits, consequential damages, interest, penalties, fines, monetary
sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs,
and other expenses which result from or arise in any manner whatsoever out of the use,
storage, treatment, transportation, release, disposal, or presence of Hazardous Materials
on, in, under, or about the Park, which are introduced, placed, used or permitted by
District or any of its directors, officers, employees or agents (hereinafter"District
Hazardous Materials).
d. District Action
If the presence of District Hazardous Materials in the Park results in contamination of
deterioration of water or soil resulting in a level of contamination greater than the levels
established as acceptable b an governmental agency having jurisdiction over such
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contamination, then District shall, at its sole cost and expense, promptly take any and all
action necessary to investigate and remediate such contamination if required by law or as
a condition to the issuance or continuing effectiveness of any governmental approval
which relates to the use of the Park or any part thereof, District shall further be solely
responsible for, and shall defend, indemnify and hold County and its agents harmless
from and against, all claims, costs and liabilities, including attorneys' fees and costs,
arising out of or in connection with any investigation and remediation required hereunder
to return the Park to full compliance with all Hazardous Materials Laws.
e. County Action
If the presence of County Hazardous Materials in the Park results in contamination or
deterioration of water or soil resulting in a level of contamination greater than the levels
established as acceptable by any governmental agency having jurisdiction over such
contamination, then County shall, at its sole cost and expense, promptly take any and all
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action necessary to investigate and remediate such contamination if required by law or as
a condition to the issuance or continuing effectiveness of any governmental approval
which relates to the use of the Park or any part thereof, County shall further be solely
responsible for, and shall defend, indemnify and hold District and its agents harmless
from and against, all claims, costs and liabilities, including attorneys' fees and costs,
arising out of or in connection with any investigation and remediation required hereunder
to return the Park to full compliance with all Hazardous Materials Laws.
Article 11. Notice
Any notice or notices required or permitted to be given pursuant to this Agreement 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 addresses:
District:
Midpeninsula Regional Open Space District
Attn.: General Manager
330 Distel Circle
Los Altos CA 94022-1404
(650) 691-1200
(650) 691-0485 (FAX)
County:
Santa Clara County Parks & Recreation
Attn.: Director
298 Garden Hill Drive
Los Gatos CA 95032
(408) 358-3741
(408) 358-3245 (FAX)
Article 12. Termination of Agreement
After two (2) years, either party may end this Agreement without cause by thereafter
giving the other party six (6) months' written notice. If either party terminates the
Agreement as provided for in this Article, District shall refund to County a pro-rated
amount of the Compensation equal to the sum derived by multiplying the remaining full
months of the Term by Eight Thousand Three Hundred Thirty Three and Thirty Three
Hundredths Dollars ($8,333.33) within sixty (60) days of such termination.
Article 13. Miscellaneous Provisions
a. Assignment
Neither District nor County shall assign any rights or responsibilities under this
Agreement without the prior written consent of other party. Any assignment without
such prior written consent of the other party shall be void.
b. Severability
Should any part of this Agreement be declared by a final decision of a court or tribunal of
competent jurisdiction to be unconstitutional, invalid or beyond the authority of either
10
party to enter into or carry out, such decision shall not affect the validity of the remainder
of this Agreement, which shall continue in full force and effect, provided that the
remainder of this Agreement, absent the excised portion, can be reasonably interpreted to
give effect to the intentions of the parties.
c. Pronoun References
In this Assignment, if it were 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 the other
gender.
d. Time.
Time is of the essence with respect to the performance of every provision of this
Agreement in which time or performance is a factor.
e. Prior Agreements.
This Agreement contains all of the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement, and no prior agreement or understanding
pertaining to any such matter shall be effective for any purpose.
f. Amendments.
No provision of this Agreement may be amended except by an agreement in writing
signed by the Parties or their respective successors-in-interest.
g. Attorneys' Fees.
If either party should bring suit or seek arbitration under this Agreement, or because of
the breach of any provision of this Agreement, then all costs and expenses, including
reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by the
other party, which obligation on the part of the other party shall be deemed to have
accrued on the date of the commencement of such action or arbitration and shall be
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enforceable whether or not the action is prosecuted to judgment.
h. Waiver.
The waiver by either party of any breach of any term, covenant, or condition herein
contained shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant-or condition herein.contained nor shall any custom or practice that
may arise between the Parties in the administration of the terms hereof be deemed a
waiver of, or in any way affect, the right of County or District to insist upon the
performance by District or County in accordance with said terms.
Article 14. Arbitration of Disputes
a. If a dispute arises out of or relates to this Agreement, the parties agree first to participate
in non-binding mediation in order to resolve their dispute. If the parties are unable to
resolve their dispute through mediation, or if there is any remaining unresolved
controversy or claim after mediation, any remaining unresolved controversy or claim
shall be settled by arbitration.
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b. The parties shall jointly select one arbitrator who shall be a retired or former judge of the
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Superior Court of California. The arbitration shall be conducted according to the rules set
forth in California Code of Civil Procedure Sections 1280 et seq. Hearings shall be held
in Santa Clara County, California.
c. If the parties are unable to agree upon an arbitrator, Judicial Arbitration and Mediation
Services, Inc., according to its rules shall conduct the arbitration. If arbitration is required
to resolve a dispute, it shall in all cases be final and binding.
d. 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
AR
BITRATION A V S PROVIDED BY CALIFORNIA LAW. YOU ARE GIVING
UP ANY RIGHTS YOU MIGHT HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW,YOU
ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE
COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE
CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO
SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE
ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION.
County Initial District Initial
This Agreement is executed on the date shown with each signature and is effective upon
execution by both District Board of Directors and County Board of Supervisors.
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District: County:
Ken Nitz Donald F. Gage
President Chairperson
Board of Directors Board of Supervisors
Midpeninsula Regional Open Space District Santa Clara County
Date: Date:
Attest: Attest:
Deidre Dolan, District Clerk Phyllis A. Perez
Clerk of the Board of Supervisors
Date: Date:
Approved as to form: Approved as to form and legality:
Susan M. Schectman Kathryn A. Berry
General Counsel Deputy County Counsel
Date: Date:
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Exhibit List
Exhibit 1 Rancho San Antonio County Park Master Plan Plat
Exhibit 2 Plat of Area B
Exhibit 3 Existing Facilities
Exhibit 4 List of County Responsibilities
Exhibit 5 Statement of Insurance/Self-Insurance
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Exhibit 1
Rancho San Antonio County Park Master Plan Plat
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Exhibit 2
Plat of Area B
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Exhibit 3
Existing Facilities
j Paved Trails
Approximately 2/3 miles of paved trails
Open Meadow Areas
Approximately 5 acres of rough grass meadow areas
Picnic Area
Consisting of free-standing barbecue pits and picnic tables, located at the south end of the
meadow.
Parking Areas
Approximately 250 parking spots, located in paved and unpaved parking areas.
Restroom facility
One restroom facility, including flush toilets and running water.
Tennis Courts
One tennis area, consisting of four tennis courts.
Handball Court
One handball area, consisting of four courts
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Exhibit 4
List of County Responsibilities
1. County shall install speed bumps at the exit gate to the park, and repair existing tire spikes.
In the event that the tire spikes are not working adequately as determined by the District after
a six month trial period, the County shall re-align the tire spikes.
2. County shall provide "as built," drawings of the restrooms, irrigation systems, underground
utilities, and any other facilities which District requests.
3. County shall provide, or inform District where they can obtain, any specialized tools
necessary for maintenance of vandal-resistant facilities.
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Exhibit 5
Statement of InsurancelSelf-Insurance
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RANCHO SA*ANTONIO OPEN SPIVE PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ti�y2190
N
0 500 1000 ft
400 i 1
Meadow j
v0
1 s�
1 �
,1 Gco
1
y� AREA B
Handball
Courts
� A d
Rancho San A tonio i I s
.`0^� f
Ti '
Open Space Pr serve 1 enn
t `Courts •.,.�'f �i
1\ N 1
1 m 0 `
Meadow•:.\ \ n
ekp
' / �♦♦ Picnic
`� •• -,,,Area
CD
ro:
600 P
ais d � ,
rea
Reservoir /•^•\
\
•� Tire �
'` r -- •�. '� p Spikes
•� �' ��' •� I P Non-Gas
•� i.--.—�� \.J\ �( �� '�..• Powered I
� / ! Model Airplane j
\`_ •\.�' —� •� - _ �� �� � Area
EXHIBIT 2: RANCHO SAN ANTONIO COUNTY PARK '
R-00-049 - Exhibit 3 (Page 1)
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Rancho San Antonio County Park
Proposed Management Funding
1,600,000
1,400,000
1,200,000
1,000,000
'v
U_ 800,000 Cost of Operations
w
Remaining Revenue
0
600,000 Assumes a return
on investment of
6% on the initial
400,000 payment
$1,500,000
200,000
District costs
calculated as
increasing at
0 6%"per year
1 2 3 4 5 6 7 8 9 10
Balance at End of
Year of Operation
it
R-00-04 Rancho San Antonio County Park Exhibit 3 /P8ge 2\
Ten Year Cost Estimates
Year
Initial County (Costs for 8 TOTAL
Funding Months) Year Year Year Year Year Year Year Year Yea,1U COSTS
Maintenance Staffing(1FTE) 34.537 55.241 58.558 62.808 65.795 09.741 73.325 78.361 83.082 08.040 $669.531
Seasonal Maintenance Staff 10.170 10.780 11.427 12.113 12.839 13.610 14|426 15.292 10.209 17.182 $134.049
Patrol Staffing(0.GFTE) 30.234 31.448 33.330 35.329 37.449 38.696 42.078 44.603 47.279 50.116 *391.558
Contract Svcs(Septic&Gate) 2.000 2.120 2.247 2.302 2.525 2.676 2.837 3.007 3.188 3.373 $26.3p~ �
Cleaning&Janitorial Supplies . 2.000 2.120 2.247 2.382 2.525 2.876 2.837 3.007 3.188 3.378 $28.�
Routine Road,Trail& Parking Lot Maintenance 3.000 2.120 2.247 2.382 2.525 2.678 2.837 3.007 3.188 3.879 $20.3b4
Facility Maintenance 2.850 3.021 3.202 3.394 3.598 3.814 4.043 4.285 4.542 4.815 $37.505
Deer Hollow Farm Costs 50.000 50.000 50.000 50.000 50.000 50.000 50.000 50.000 50.000 37.500 $487.500
Tree work 1.000 1.080 1.124 1.191 1.202 1.388 1.419 1.504 1.594 1.083 $13.181
Other contract services/supplies 4.500 4.770 5.056 5.300 5.881 0.022 6.383 6.706 7.172 7.603 *58.314
Utilities(We0er.etc.) 5.000 5.380 5.618 5.955 6.512 6.691 7.093 7.510 7.909 8.447 $85.904 �
Truck&Radio 21.000 0 O 0 O 0 O 0 O O $21.000 �
TOTAL ESTIMATED COST 165.291 107.975 175.054 182.557 190.511 188.941 207.878 217.350 227.392 225.535 U $1.858.484
Balance ofFunds $1.500'000 $1.414.792 $1.321.825 $1.215.306 $1.084.777 $958.522 $805.156 *633.114 $440.710 $226.117 $582
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Rancho CostEstimateoxis
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Rancho San Antonio County Park Management Agreement
Exhibit 4
Proposed 2000/2001 Budget
V,
Salaries $36,000
Benefits $8,700
Total Salaries & Benefits $44,700
Contract Services $4,000
Rents and Leases $52,000
Utilities $5,000
Printing $4,000
Insurance $300
District Vehicle Expe $400
Field Supplies/Small $4,000
Outside Maintenance $8,600
Total Services & Supplies $78,300
Field Equipment $1,000
Vehicles $21,000
Total Fixed Assets $22,000
Total Budget $145,000
EXH_ 1
Master Plan PLAT
Rancho San Antonio County Park
Potential Future Par',,ing--
Lot(24 spaces)
Exist.Paved Bike Pi:th
County of Santa Clara Legend Paving Lot
Public Services Agency ............. (30 spaces}---___
Parks and Recreation Department Approximate Ripana"Zone Potential Future Parking
Existing Trees Lot(20 spaces)
'•`""
Parking Lot
Arbegast Newton&Griffith `i�t�. Proposed Riparian Trees
r eman'ental and (24 spaces)—,
Landscape Architects Exist. Restroom Building
Meadow Grassss Proposed Irrigated (Remodeled or add'I bldg.)_
scales Feet Existir�and Proposed Reconfigured Exist. 'asking
0 100 500 1000 Road/Parking Lot(60 spaces)
Potential land Acquisition
yTransitional Corridor
N May 1992
Realigned Trail(Hiking& '~
running) F%
Exist.Gate
Exist.Service Bridge
,Joseph _. . Aye. Exist. Paved Road (Bike -
," Path and Service/EmergenoceseLands ,%' Ope
Only Access) -
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No :Natt rl!a Study
_ Low Rail Fen or Logs Al��"]+ . re Trai
.. F, r? c• r
{Y t�t ; =•r r,� ,�h°
Exist.Trailhead(To
{� relocated)
Nature Trail Link`
r
Existing Conditions MROSD
E T Park Entrance
Mast P I a n PLAT Exist. Parking Lot Exist.Temp.Parking Cot' -
(25 spaces) (50 spaces,to be paved) Automatic Gates i
Rancho San Antonio County Park Manual Gate
Exist. Paved Main .. Non Gas-Powered
_Park Road i7,' Model Airplane Area
Potential Future Par',ing 1A _
Lot )aces 24 s i' ;,
( p i ., ,�• .Exist.Equestrian Area
Exist.Paved Bike PE.th _ _
_ '-may � � Diocese Lands
County of Santa Clara Legend Parking Lot
(30 spaces)---'. / -
r
Public Services Agency , Paved Pedestrian �.-
Parks and Recreation Department ............. Approximate Riparian zone Potential Future Paddng `•�� Path Open Meac'ow -
Lot(20 spaces)— _.
Existing Trees
Parking Lot ed�oop Path&Earth Path �+
Arbegast Newton&Griffith y: Proposed Ornamental and (24 spaces) ,�;; +Fitness Course
Landscape Architects ��Trees
Exist.Restroom Building Tr�l,tinc4,on K ,,•'`
Proposed Irrigated (Remodeled or add'I bldg.) T' -
1 Meadow Grass
scaler Feet Exisb'rd and Proposed Reconfigured Exist.?arking �
1 0 100 Soo tow Road/Parking spaces Lot(60 ) r
�../ •`� -Low Rai Fence ogs
Potermal Land Acquisiboon -
- r — z ,
xt
Transitional corridor .Jl1- r Tr J7
E st I VVeathe
N May 1992
Exist Maio Bridge&Gate
PedestnaNBike Bndgf
Realigned Trail(Hiking&
j running) >�' Famity'Picnic Area
�ExOt.Gate
Exist.Service Bridge
Exist. Paved Road(Bike , Paved(IVon-�uibe \
_
- _ Path and Service/Emergent se ce/r" e,. y �ad_•r;, �``'\ � Q
Lands •'- _ C1penMeadowOnly Access),
r ;';' ApprDX.Known Locaflor�
;: Western Leathervtiood
No Nat re Study W;: ,Af( athsETra
Low Rail Fen or
qye Trai s
Exist.Paved&ke Path -
rlN
1�cist.Tennis courts Exist:Afl-Wea,hertrail ,
` Exist.Trailhead(To txr
_ relocated) - -
Nature Trail Link 4
z.
MROSD
MROSD
I Existing Conditions
i
00
Park Entrance
Exist. Parking Lot Exist.Temp.ParkiA6 Cot'.
(25 spaces) (50 spaces,to be paved) Automatic Gates
Manual Gate ^.'- .:.
. _
Exist.Paved Main -- - _ f Non Gas Powered
.Park Road _ �7 • Model Airplane Area
_ l
Exist.Equestrian Area
Diocese Lands
r /Pat�Pedestrian-'
Open Meac'ow ;ter•
aved! oop Path&Earth Pat
+P'rtneOCourse 'j%• �,;
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'" .,. � ,'��ow Rai Fence•. '� -
Exisf:AJi=Wea#he�T y _
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PedestnaNBike Brid e
:-
9
` / Famiiy Picnic Area
'x icisx;Paved, on-8u j:
�> SeNice�rr�ec�eney)Raad - \ Q
)en Meadow
Approx.Krx wn t_oc atbri,
Westerri Lsatherrwod
1 .Ali- attic[Trail
Exist. Paved Brke Path
zist:Tennis C Aeservouourts YW8 AII-Weather Trail
MROSD
I
' Regional Open - ace
s
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 22, 2000 °
TO: Board of Directors
FROM: John Escobar, Assistant General Manager
RE: Additions to Agenda Item#3 for upcomin oard meeting
In final review, staff noted that a reference in the Management Agreement was incorrect and has
made the appropriate changes. Area C appears on Exhibit 2, not on Exhibit 1. There are no
other changes. The original packet included all the exhibits for Board report R-00-49; however,
it did not include all the exhibits to the Agreement. A replacement page 5 and Exhibits 1 through
5 to the Agreement are attached.
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX: 650-691-0485 . E-mail: mrosd@openspace.org Web site:% ww.openspace.org '
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little. .Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Manager.L.Crai-,Britton
f. District Closure of Specified Areas
District shall have the right to designate portions of the Permanente Creek riparian
corridor as closed to public use on both a seasonal and permanent basis as appropriate,
and to enforce such closures pursuant to District ordinances and regulations, to protect
sensitive riparian habitat. District may close other portions of the Park where and when
deemed necessary to avoid or correct a public health, safety or environmental hazard.
g. Compliance with Federal, State and Local Laws
The District shall be responsible for compliance with applicable federal, state and local
laws with respect to its management activities. The District shall have no responsibility
for violations of such laws caused by pre-existing conditions, activities occurring on
adjacent developments, or any other factor outside of the District's control.
Article 5. Rights and Responsibilities of County
a. Infrastructure Maintenance and Repair
(i) County shall be solely responsible for the management, operation, repair, and
maintenance of the facilities located in "Area C" as shown on Exhibit 2 and for the
management, operation, repair,and maintenance of the pedestrian bridge over
Permanente Creek as described in Article 4(c)(v)herein. District shall have no
management, operational,repair, maintenance, regulatory, legal or enforcement
obligations for either of said facilities under this Agreement.
(ii) Within 90 days of the commencement of this Agreement, County shall complete the
work identified in Exhibit 4, attached hereto and incorporated herein by reference
and District shall have no obligation therefore except as otherwise specifically
provided for herein.
(iii) County shall pay for mutually agreed upon single item capital expenditures, where
these are reasonably estimated to exceed $25,000 per project. The process for
determining whether to undertake such projects is as follows:
1. County and District staff will meet at least annually, on or before
December 15 of each year to identify the maintenance and repair needs
of the Park and develop a list of any maintenance projects proposed for
the following County fiscal year. The proposing party will provide cost
estimates for any proposed project.
2. The County Director of Parks and Recreation will determine at his or
her sole discretion if a project is to be undertaken and provide the
District with his or her written decision.
3. If the Director approves a project, County will submit its funding
request for the next County fiscal year(July 1- June 30) through its
regular budget process.
4. If County's Board of Supervisors approves the project budget item,
County will proceed and complete the project xvithin that fiscal year.
5. If County disapproves a project reviewed pursuant to this subsection,
District may, but is not required to, undertake such project if District,
in its reasonable discretion, believes that such project is necessary for
the protection of the public safety, health, welfare or the environment.
6. In the event County's Board of Supervisors approve the project budget
item, and County and District agree that it is in the best interests of
5
i
RANCHO SAW6ANTONIO OPEN SPt#E PRESERVE
MIDPENINS LA REGIONAL OPEN SPACE DISTRICT
260
N
�J 0 500 1000 ft
400 '
i
•c Meadow,
1 v°s�o �
y� AREA B
Hagdballk
Courts 0
Rancho San A tonio
Open Space Pr serve i Tennis A AREA C
;Courts •,.,••�or� d�
l'• � Meadow.'
n
Picnic� ♦ �' 77
♦ �c
\ �• �i \♦� Area
P CD
P
• 6 0 P I
. � ais d
pe
O rea
Reservoir /
Tire
� \ �••--� �'� P Spikes
Non-Gas
� �• '—�� �, '`.-•• Powered
•� % '� Model Airplane
Area
'�•\ ��°fir
•�.�--•J
EXHIBIT 2: RANCHO SAN ANTONIO COUNTY PARK
Exhibit 3
Existinp Facilities
Paved Trails
Approximately 2/3 miles of paved trails
Open Meadow Areas
Approximately 5 acres of rough grass meadow areas
Picnic Area
Consisting of free-standing barbecue pits and picnic tables, located at the south end of the
meadow.
Parking Areas
Approximately 250 parking spots, located in paved and unpaved parking areas.
Restroom facility
One restroom facility, including flush toilets and running water.
Tennis Courts
One tennis area, consisting of four tennis courts.
Handball Court
One handball area, consisting of four courts
t
17
Exhibit 4
List of Coun1y Responsibilities
l. County shall install speed bumps at the exit gate to the park, and repair existing tire spikes.
In the event that the tire spikes are not working adequately as determined by the District after
a six month trial period, the County shall re-align the tire spikes.
2. County shall provide "as built," drawings of the restrooms, irrigation systems, underground
utilities, and any other facilities which District requests.
3. County shall provide, or inform District where they can obtain, any specialized tools
necessary for maintenance of vandal-resistant facilities.
18
Exhibit 5
Statement of Insurance/Self-Insurance
This is not necessary because reference to
the self-insurance is made in the text of
the Agreement , accoding to the attorney for
Santa Clara County .
5/22/00
I
i
19
belt tny: aUU e3A r , Boa au�b4148 , m ay-w 3 4APi
RANCHO SAN ANTONIO MAN' "EMEN`1 AGREEMENT : Exhibit �
County of Santa Clara
E1111 luycc ServiCt's AgenCY
DrFr-r'rttnei�t of Kf�k �k►n�b(•rn(•rtt -
a,
lristirance Dirv75ion T-
1 735 Norfll t,ubf Succt.;vltc i u)3
San lose. U611fVrn1d 95! 11 7,1 CV'
ice)3c)2•340] Vi',A 441 j4sit(
J .
CERTIFICATE OF COVERAGE
ISSUED BY
SANTA CLARA COUNTY
This is to Certify to. Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
The following described coverage is in force at this date as set forth below,
Assured: Santa Clara County
70 W. Hedding Street
San Jose, CA 95110
Insurer Expiration
t Self-Funded Retention Continuous
2. Self-Funded Retention Continuous
3 Self-Funded Retention Continuous
Type of Coverage Limits
1 Comprehensive General
& Automobile Liability $2,000,000 Per Occurrence
2. Workers' Compensation $4,000,000 Per Occurrence
3. Physical Damage $50.000
Coverage provided by insurer #1 may not be canceled nor coverage reduced without 30 days
prior written notice of such to the certificate holder This certificate pertains to the agreement For
Open Space Acquisition and Operation and Management of Rancho San Antonio County Park
between Midpeninsula Regional Open Space District and County of Santa Clara. This certificate
is valid through June 30, 2000
Lance Sposito
Insurance Manager
May 23, 2COO
LS• }g
Njard nf Supervisors OV11ald r t air KArx,,livarado rele v1c W91, 171MCS•r. LCall!r 5 R;Str.Al SWnult;1n
CIKIIIIYF\Pfllfi\'(' lil(.'s;�rUwutcnLCrl .a.
Regional Open . . ace
�_����MID�PENINS�ULAREGIONAL
Meeting 00-13 OPEN SPACE DISTRICT
May 24, 2000
AGENDA ITEM: 4
AGENDA ITEM —�
Proposed Addition of Lee Property to the Cathedral Oa Area of Sie a Azul Open Space Preserve i
GENERAL MANAGER'S RECOMMENDATIO
Adopt the attached resolution electing to retain ownership of the former Lee property as an addition to the Cathedral
Oaks Area of Sierra Azul Open Space Preserve.
DESCRIPTION (see attached mom)
At your meeting of May 24, 1995, you authorized the "defeasible fee" acquisition of the 19.02-acre Lee property as
an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve (see report R-95-67 attached). At that
time, the District had limited open space acquisition funding, and therefore, entered into a "defeasible fee" (subject
to being defeated) purchase of this property at a price of$120,000. The transaction was structured as follows:
1. The District received "defeasible fee" title to the subject property;
2. The District made five annual payments of$5,000 with half of the annual payments applicable to the purchase
price;
3. At the end of five years, the District is required to either pay for the property or deed the property back to the
owners;
4. To complete this acquisition, the balance of the purchase price of$107,500 is now due and payable ($120,000
less $12,500 (1/2 the annual payments of$25,000)); and
5. Upon District's election to retain ownership of this property, the sellers will quitclaim their remaining interest
in the property. l
i
The lost annual payments of$12,500 amounts to a 2.1% interest rate during the five-year defeasance time period.
Considering the District's improved financial situation, staff recommends that you elect to retain this property and
complete this transaction.
BUDGET CONSIDERATIONS
2000/2001 Budget for Land Acquisition
New Land $20,000,000
Land Acquisitions Approved so far this year (5,120,300)
Election to retain ownership of Lee property (107,500)
Acquisition Budget Remaining $14.772.200
Controller M. Foster has been consulted on the election to retain ownership of the former Lee property. He
indicated that considering cash flow and availability, funds are available to complete this transaction.
Prepared by:
Michael W. Williams, Real Property Representative
Graphics prepared by:
Dennis Dart, Planning Technician
Contact person:
Michael W. Williams, Real Property Representative
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
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Han ko,Betsy Crowder,Kenneth C.Nitz -General Manager:L.Craig Britton
RESOLUTION 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ELECTING TO RETAIN OWNERSHIP OF REAL PROPERTY,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF QUITCLAIM TO DISTRICT, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO THE CLOSING OF THE TRANSACTION
(SIERRA AZUL OPEN SPACE PRESERVE - FORMER
LANDS OF LEE)
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 elect to
retain ownership of the former "Lee property" in accordance with Section 2.5 of that certain Purchase
Agreement - Defeasible Fee between William Ming Sing Lee et ax. and the Midpeninsula Regional Open
Space District, dated May 24, 1995 and approved by District Resolution 95-17.
Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to
execute a Certificate of Acceptance, on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice of election
to retain ownership of the subject property 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.
Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost
of title insurance, escrow fees, and other miscellaneous costs related to this transaction.
Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund
will be reimbursed in the amount of$132,500 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.
Pro OsLd L Ac Ul" sition
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Proposed
LeeAcquisition
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EXHIBIT A 0 2000 4000 Feet
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-95-67
I
Meeting 95-12
May 24, 1995
AGENDA ITEM
Proposed Addition of Lee Property to the Cathedral OakglAri a of Sierra Azul Open Space
Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Adopt the attached resolution authorizing approval and acceptance of the Purchase
Agreement-Defeasible Fee for the Lee property.
2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained
in this report, including naming the Lee property an addition to the Cathedral Oaks Area
of Sierra Azul Open Space Preserve.
3. Indicate your intention to withhold the property from dedication as public open space at
this time.
DESCRIPTION (see attached map)
The 19.02-acre Lee property is located east of Lexington Reservoir and adjacent to Sierra Azul
Open Space Preserve. Situated on a prominent ridgetop between Hendrys Creek and Hooker
Gulch, the property affords panoramic views of Lexington basin and surrounding hills. The
property can be accessed from Weaver Road which intersects Soda Springs Road approximately
three and one-half miles above the reservoir.
District lands surround the site to the north, east and west, and private property is located to the
south. Weaver Road bisects the property along the ridgetop and is a county maintained road,.
The southernmost one-third portion of the site is nearly level; the north-facing slopes are
extremely steep above Hendrys Creek. Plant communities consists primarily of chaparral near
the top of the ridge and mixed evergreen forest on the remaining northern portion of the
property.
The site is undeveloped and improvements are limited to Weaver Road and connecting
overgrown trails. A trail between Cathedral Oaks Area and other portions of the preserve above
Wrights Station may be developed in the future in which case the acquisition could help protect
the visual integrity of the trail corridor and offer desirable resting areas along the route.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAY: 415-691-0485 • E-mail: mrosd@netcom.com
Board or Directors:Pete Siemens,Mary C.Davey,Teena Hensha%%,Ginny Babbitt,Nonette Hanko,Betsy Cro%%der,Wim de\\it
General Manager:L.Craig Britton
USE AND MANAGEMENT PLAN
Planning, Considerations
The property is in the unincorporated area of Santa Clara County and zoned �Iillside, requiring
20-160 acres per dwelling site. The property is rated as having moderate to high composite
open space values in the District's Open Space Master Plan. It is important in terms of potential
outdoor recreation, and strategic in filling the gap between two existing public open space
parcels.
Preliminary Use and Management Plan Recommendations
Dedication: Indicate your intention to withhold the property from dedication as public open
space at this time.
Name: Name the property as an addition to the Cathedral Oaks Area of the Sierra Azul Open
Space Preserve.
Signs: Install private property, regulations and preserve boundary signs where appropriate.
Public Safety Review: Property has been inspected and there are no known hazards.
TERMS
The ultimate purchase price for the property would be $120,000, which represents a fair value
for this single residential site. This transaction is a "defeasible fee" acquisition, which means
that as long as the District pays the $5,000 annual fee, the District retains and manages the
property. At the end of five years when the District's financial situation has improved
(hopefully), the District would be required to either pay for the property or deed it back to the
owners. In the anticipated event of completing the acquisition, one-half of the annual payments
would be applicable against the purchase price. On that basis, the lost annual payments of
12,500T Q5-,904 amount to a 2.1% interest rate during the defeasance process.
Prepared by:
Merwin A. Mace, Acquisition Consultant
Contact person:
Michael W. Williams,
i Hams Real PropertyRepresentative
Quarries
Sq�p fts; t1i INEDY TRAIL
Los Palos
OPEN SPACE EASEME
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PROPOSED ADDITION TO THE rEk
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CATHEDRAL OAKS AREA OF
jj
14 98
PROPOSED Ll J
SIERRA AZUL OPEN SPACE PRESERVE
ACQUISITION r. t
W
Fo�rt n1n: 1 2000' - 011
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE
AGREEMENT - DEFEASIBLE FEE, 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 LEE)
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 the offer contained in that certain Purchase Agreement -
Defeasible Fee between Willilam Ming Sing Lee, et ux 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 a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given
appropriate notice of acceptance to the seller. The General Manager further is authorized to
execute any and all other documents necessary or appropriate to the closing of the
transaction.
Regional Open . . ace
g
1
R-00-71
Meeting 00-13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 24, 2000
AGENDA ITEM 5
AGENDA ITEM
Authorization to Solicit Bids to Repair Storm Damage and Re struct a Portion of Virginia Mill Trail
at El Corte de Madera Creek Open Space Preserve and Tenta ive Adoption of an Amendment to the
Trail Use Plan Element of the Use and Management Plan to eroute the Virginia Mill Trail
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the project is categorically exempt from the alifornia Environmental Quality
Act (CEQA) based upon the findings contained in this report.
2. Authorize staff to solicit bids for storm damage repairs to Virginia Mill Trail and for
reconstruction of a 0.7-mile section of replacement trail.
3. Tentatively amend the Trail Use Plan element of the Comprehensive Use and Management Plan
for El Corte de Madera Creek Open Space Preserve to permanently reroute Virginia Mill Trail.
DISCUSSION
The Virginia Mill Trail is an unpaved road used for recreational trail purposes, as well as ranger patrol
and fire access to the interior of the preserve (see attached preserve map). Primary access to the trail is
from Star Hill Road. The trail leads to the southernmost of three crossings of El Corte de Madera
Creek. Use density of this part of the preserve is typically lower than other areas, due to the distance
from the Skyline Boulevard corridor.
Description of Storm Damage
The lower section of Virginia Mill Trail west of El Corte de Madera Creek suffered major damage in
the 1998 El Nino storm events (see attached Virginia Mill Trail Repair Project Map). Extensive
landslides (in some places more than 100 vertical feet) occurred along several hundred feet of the trail.
Additionally, many water bars, ditches, and culverts along the trail were overwhelmed by the
significant quantity of water moving through the area during the storms. Several of these features
failed, resulting in erosion that created a deep ditch along the inside of the trail.
Immediately after the damage occurred, the trail was closed. However, preserve visitors continued to
travel through the area. In response, District maintenance staff constructed an interim foot trail across
the slide area, repaired some of the damage to the drainage features, and reopened the trail in the
summer of 1998.
Assessment of Alternatives
Due to the complexities of the decisions to be made for the repair of Virginia Mill Trail, a team
consisting of Planning staff, Operations staff, and technical engineering consultants was assembled to
assist in evaluating the situation.
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-00-71 Page 2
Segment 143 appeared to be performing satisfactorily; however, concerns were noted relating to future
high rainfall events. This concern was the main reason for pursuing drainage repairs.
Not only is it infeasible to stabilize the slide, but continued land movement would also create ongoing
maintenance problems on Segment 144. Therefore, an alternate trail alignment is preferred.
The existing creek ford is difficult to cross in wet weather and has the potential to negatively impact the
creek. The team looked at the feasibility of building a bridge at the existing ford location to reduce
impacts. Unfortunately, the logjam above the potential bridge site could wash further downstream in a
large storm, necessitating consideration of an alternate bridge location.
Closed trail segments 145 and 146 were found to be feasible for use as a replacement for the damaged
trail segment 144. The height of the creek banks and potential for stream impacts make a ford at this
location undesirable; however, these conditions make for an excellent bridge location. The team
identified a feasible bridge site with a crossing span of approximately 70 feet.
These trail segments lead to the large diameter tree nicknamed the "Aerial Tree," which fell across the
creek some time ago and is being used occasionally by visitors as a creek crossing. When discussing
the Trail Use Plan with the Board in 1996, some preserve visitors reported that they liked the
challenging experience of crossing the Aerial Tree. As a compromise, the District agreed to allow the
Aerial Tree to remain. However, public safety dictated the closure of the trail segments leading to the
Aerial Tree and the rerouting of the trail to Segment 144.
Although once level, one end of this log has settled, making the crossing even more challenging. Given
the need to use trail segments 145 and 146 again, the public may be exposed to a potential safety
hazard, which should be mitigated by removing the Aerial Tree from the bank.
Proposed Project
Based upon this assessment of alternatives, the preferred approach is the abandonment of the damaged
Segment 144 and the construction of a new bridge crossing with realignment of Virginia Mill Trail
along Segments 145 and 146. Staff recommends the following steps:
Phase 1- Summer 2000
• Segment 143: Improve the road drainage by clearing brush, outsloping, filling the eroded inside
ditch, creating larger rolling dips, and increasing the size of existing culverts.
• Segment 144: Repair the interim trail across the slide-damaged area to allow preserve visitors to
pass safely through the area during the construction period.
0 Segments 145 and 146: Reconstruct the closed trail segments 145 and 146 by clearing brush,
grading, and building drainage facilities consistent with multi-use trail standards. Keep the trail
segments closed for a year to allow the trail tread to achieve proper compaction naturally.
Remove the Aerial Tree log crossing to eliminate any potential safety hazard. Even though the
new alignment would be closed initially, improving the trail may actively encourage visitors to
cross the possibly unsafe log.
Phase II-FY 2001-2002
• Segments 145 and 146: Build the new multi-use bridge. Considering the access difficulty and
sensitivity of the bridge site, staff favors the use of a modular, lightweight structure that can be
R-00-71 Page 3
assembled on-site by hand crews with minimal equipment. The bridge could not be used to
support patrol vehicles, but will accommodate equestrians and bicyclists. Once the bridge is
complete, open new alignment.
• Segment 144: Close and restore the segment.
8 g
Authorization to bid is only being requested for Phase I outlined above. Staff will return to the Board
separately for authorization to complete Phase II as a part of the 2001/2002 Budget.
Funding
The current cost estimate is $60,000 for Phase I and $65,000 for Phase II. The approved fiscal year
2000-2001 budget includes $85,650 for the repair of this trail.
The District was awarded $90,644 in Federal Emergency Management Agency (FEMA) grant aid for
repair of the 1997-1998 storm damage to this portion of Virginia Mill Trail. Staff intends to seek
FEMA approval of an alternative project based upon the proposed trail repair approach. If the alternate
project is approved by FEMA, up to $81,000 of the grant funds may be available for reimbursement.
However, the FEMA grant stipulates that it be used to repair facilities that existed before the declared
disaster, which would rule out use of the grant to build a new bridge. Therefore, the bridge cost in
Phase II, estimated to be $55,000, may have to be funded entirely by the District.
If you authorize staff to solicit bids for Phase 1, more complete cost information will be generated
through the bidding process and presented to you for approval when staff returns for authorization to
enter into a contract for the Phase I improvements.
Proposed Amendment to Trail Use Plan
At your June 26, 1996 meeting, you adopted the Trail Use Plan for El Corte de Madera Creek Open
Space Preserve as an element of the preserve's Comprehensive Use and Management Plan (See Report
R-96-68). The Board Report for the May 22, 1996 meeting (R-96-60) describes the Trail Use Plan in
detail. The repair project described above requires an amendment to this Trail Use Plan. Staff
recommends the following changes:
5.08 Close and restore Segment 144 to avoid the slide-damaged area. Retain Segments 145
and 146.
5.09 Retain Segment 147. Connect Segments 142, 143, 145, 146 and 147, and designate as
the Virginia Mill Trail.
5.11 Leave the existing logjam located slightly upstream from the creek crossing in Segment
144. Construct a trail bridge across El Corte de Madera Creek at crossing of Segments
145 and 146.
CEQA COMPLIANCE
Project Description
This project involves an amendment to the Use and Management Plan for a small area of the 2,788-acre
El Corte de Madera Creek Open Space Preserve, located on the west side of the Santa Cruz Mountains
in San Mateo County. The project also includes trail realignment and drainage repairs to the Virginia
R-00-71 Page 4
Mill Trail, an existing unpaved patrol road and trail, as well as the construction of a new trail bridge
crossing El Corte de Madera Creek.
Initially, the existing 0.72-mile damaged trail will be maintained as a narrow footpath. Eventually the
damaged trail will be closed and restored, and 0.7 miles of previously closed trail will be reopened.
Therefore, implementation of this Trail Use Plan amendment will retain approximately the same
number of trail miles as currently exist.
Project Determination under CEQA
This project is categorically exempt under Sections 15302, 15303, 15304, and 15061 of the California
Environmental Quality Act Guidelines.
Categorical Exemption 15302 -Replacement or Reconstruction
The maintenance work to be performed on Segment 144 will reconstruct the damaged trail in the same
location with the same purpose and capacity.
The trail along Segments 145 and 146 will be reconstructed on the same site as the formerly closed trail
and will have substantially the same purpose and capacity as the trail replaced. Prior to closure,
Segments 145 and 146 had been used for trail purposes, and upon reconstruction, will be reopened for
trail use.
Categorical Exemption 15303 -New Construction or Conversion of Small Structures
The drainage repair work on Segment 143 will include small culvert structures with the capacity to
allow a greater quantity of run-off to be conveyed in the future without damaging the trail.
The trail bridge to be installed over El Corte de Madera Creek will be approximately six feet wide and
70 feet long. Footings will be small and placed on the existing creek banks with no disruption to the
creek bed.
Categorical Exemption 15304-Minor Alterations to Land
Maintenance repairs on Segment 143 may also include minor, unobtrusive grading or topographical
alterations for purposes of improving drainage. Techniques for restoring Segment 144 may include
minor grading incidental to soil decompaction, brush packing, seeding, and drainage controls. Such
alterations would not involve removal of healthy, mature, scenic trees.
In addition, the project is exempt under Section 15061, as there is no possibility that the actions may
have a significant effect on the environment. The proposed project will have a beneficial effect on the
environment in that the bridge will prevent the current practice of crossing through the creek, the
closed trail will be restored, and drainage facilities will be added to reduce the possibility of soil
erosion.
Prepared by:
Sandy Gimbal Sommer, Contract Planner
Reviewed by:
Matt Freeman, Planner II
John Cahill, Planner II
Contact Person:
John Cahill, Planner II
I
El Corte de Madera Creek Open Space Preserve
TRAILS MAP
AS OF MAY 2000
0 Hiking Only Trails
Multi-Use Trails
Patrol Routes/Multi-Use Trails
Swett Road
P
A 2200 `d~a
� 20(10
_Lk_ �o+te 90 EI Co J���dera Creek
ne
M 1.0
n T\��T Sandstone aa(1 ° 0.20• Point
gs
0.9 1.0 rdi/ 0 Formalion 2 r- Via;/
0.9 \ v ��� \�� �0.5
E %aV
O Vista 2200� •1• �• Ala Tray oond.
'n 2000 Point--' �aa1T 0.2 7` �
�� ��G./Jf0.1 '�y �O�• (CM02)
0.3
a � lion , `. 0.5 0.2
/) °Z 181M1 i �a 2200 0.4
1600 1.3
0
,I
0.3 �'pth ` - 0 �y' 1.1 loon % 0.4 �1
20n m �4A .�.. .
10.6
J o 0.7 0.3 �� ,�. % 2000 .
� ° (CM04)
1.4 � O•" 1900 \ 0.3\ Q 0.5'14111 0.9
- / J 1.0.2 Cpp onk�
0.5
\ 6 „%� CrosscutTra�� ro
Ot Salamander Saaa\ 0.9 F `ti+ 0.4
0.�2
S o• a. .a
Old Growth 0
0 3 1400 •v 0.1 Redwood 1.3
140
/' 1800
l
• f
• V
PROJECT (CM1° �� " ; �..�•
LOCATION �2un 1.3� , `' 2000
0.61 0.2
-� 2.1
mill
v 160(
1400
1_00 �.•
8011 1U(.
1 Gi10
0.0 .1 .2 .7 .4 .6 .7 .8 .9 1.0
One Mile
Trail alignments courtesy of Trail Center volunteers.
VIRCOIA MILL TRAIL REPAIR PR4rECT
El Corte de Madera Creek Open Space Preserve
,
r
i
1400 C
-- o
0.3 A
♦ `n
(CM10)
,4
SEGMENTS 145 & 146:
ZZ
2 ! BUILD NEW TRAIL
2.5 TO BRIDGE SITE
j (REMOVE AERIAL
TREE) CLOSE UNTIL
BRIDGE IS OPEN
SEGMENT 143: PERFORM
MAINTENANCE AD - 1w14 •
BUILD BRIDGE
DRAINAGE REPIRS '*
�.• NEXT YEAR
Slide
Area
SEGMENT 144: *
PERFORM SEASONAL
1
MAINTENANCE ON
INTERIM TRAIL UNTIL Existing Log)am 1200
BRIDGE IS OPEN, THEN
1ttf�;'
CLOSE AND RESTORE �
$� Existing Ford
0.0 .1 .2 .3 .4 .5 Mile
N 5/10/00
I
Regional Open ice
1
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
I
R-00-76
Meeting 00-13
May 24, 2000
AGENDA ITEM 6
AGENDA ITEM
Acceptance of Gift of Residual Timber Rights at the Bear reek Redwoods Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
Adopt the attached Resolution accepting a gift of the residual timber rights at Bear Creek Redwoods
Open Space Preserve from Gregory Demers.
DISCUSSION
At your special meeting of June 28, 1999, you approved the acquisition of the lands of Arlie Land and
Cattle Company to create Bear Creek Redwoods Open Space Preserve (see Report R-99-73). As a part
of that acquisition process, you approved a Residual Timber Rights Agreement with Gregory Demers.
Residual timber rights on the former Arlie Property are defined as all of the merchantable timber not
owned by Big Creek Lumber Company under their"first harvest" rights(which Big Creek acquired from
Arlie in 1996).
The original agreement with Mr. Demers contemplated a gift of the residual timber rights in the month of
May, 2000. Accordingly, the District has now received an executed Timber Deed and Assignment of
Timber Rights Agreement to complete this gift. Acquiring the residual timber rights is an important part
of the preservation efforts for Bear Creek Redwoods Open Space Preserve and your approval is
recommended.
The standing timber is located mostly on the "upper" 805-acre area currently owned by Peninsula Open
Space Trust(POST), but managed by the District. I have spoken with representatives of POST and they
see no conflict with the District owning the residual timber on land they own in fee, as eventually the
entire property will be transferred to the District which will begin the planning process to provide for
orderly public access. POST is continuing to actively raise funds for this acquisition.
Prepared by:
L. Craig Britton,General Manager
Contact person:
Same as above
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org T.-
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton
RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ACCEPTING A GIFT OF ASSIGNMENT OF TIMBER RIGHTS AND
TIMBER DEED AND AUTHORIZING EXECUTION OF A
CERTIFICATE OF ACCEPTANCE WITH RESPECT THERETO
(BEAR CREEK REDWOODS OPEN SPACE PRESERVE—RIGHTS
OF DEMERS)
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 attached Assignment of Timber Rights under that certain
Timber Rights Agreement dated August 9, 1996,by and between Arlie Land and Cattle Company and
Big Creek Lumber Company,and the gift of all residual timber rights on the real property described in
Exhibit A of the Timber Deed from Gregory Demers to the District,attached hereto and by this reference
made a part hereof.
Section Two. The President of the Board or other appropriate officer is authorized to execute a
Certificate of Acceptance for said Timber Deed conveying title to the residual timber rights 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.
ASSIGNMENT OF TIMBER RIGHTS AGREEMENT
THIS ASSIGNMENT OF TIMBER RIGHTS AGREEMENT ("Assignment") is
made this day of May, 2000, by and between Gregory Demers, an individual
("Assignor'), and Midpeninsula Regional Open Space District, a Public District formed
pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code
("Assignee").
WHEREAS, Assignor and Big Creek Lumber Company, Inc. ("Big Creek") are
parties to that certain Timber Rights Agreement dated August 9, 1996 relating to
exclusive rights to harvest timber on certain real property, including but not limited to the
"Upper Property" ("Timber Rights Agreement"); and
WHEREAS, Assignor desires to assign and transfer to Assignee all of Assignor's
rights and interests pursuant to the Timber Rights Agreement, and Assignee desires to
acquire said rights and interests from Assignor.
AGREEMENT
NOW, THEREFORE, for valuable consideration, receipt of which is
acknowledged, Assignor and Assignee agree as follows:
1. Assignment. Assignor hereby assigns and transfers to Assignee all right, title and
interest of Assignor in, to and under the Timber Rights Agreement. Assignee hereby
assumes the obligations (if any) of the "Seller" under the Timber Rights Agreement to
the extent such obligations accrue after the date of this Assignment. Assignor
represents and warrants that it has not previously sold, conveyed, assigned or
encumbered any right, title or interest of Assignor in the Timber Rights Agreement.
2. Further Assurances. Assignor agrees to execute such other documents and perform
such other acts as may be reasonably necessary or proper and usual to effect this
Assignment.
3. Governing Law. This Assignment shall be governed by and construed in
accordance with the laws of the State of California.
283461.1
4. Successors and Assigns. This Assignment shall be binding upon and shall inure to
the benefit of Assignor and Assignee and their respective personal representatives,
heirs, successors and assigns.
IN WITNESS WHEREOF, Assignor has executed this As ' merit a the ate
first above written.
ASSIGNOR:
r emers
283461.1
RECORDING REQUESTED BY.•
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
WHEN RECORDED MAIL TO:
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 Distel Circle
Los Altos, CA 94022
MAIL TAX STATEMENTS TO:
Same as above
TIMBER DEED
FROM: GREGORY DEMERS (Grantor)
TO: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, (Grantee)
a public district formed pursuant to Section 3 of Chapter 3
of Division 5 of the California Public Resources Code
EFFECTIVE DATE: May/'4,2000
FOR VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby
acknowledged, Grantor does hereby transfer and convey to Grantee all of its right,title and interest in and
to any and all timber growing, standing,lying or down on that certain real property described on Exhibit
A attached hereto(the "Real Property"),together with all' 'rights to harvest said timber, subject to the
rights and interest of Big Creek Lumber Company,Inc.under that certain agreement dated as of August 9,
1996 between Big Creek Lumber Company, Inc. and Arlie Land and Cattle Company and the Timber
Deed recorded pursuant thereto in the Official Records of Santa Clara County on August 14, 1996 as
Instrument No. 13408133.
DATED: MayL C, 2000
D RS
283458.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�rc>c.e•c`,c:c.�rcrc:r,�:c�c'� ; .cc`- _ - : ,S�c'��'�`�����'; ; ,tcrc�'.ec_ _. '��:i4Y'��'.4c�zc':4r�'<.`:�'s�'v,
State of California
ss.
County of
On before me,
Date Name and Title of Officer(e.g..'Jane Doe.Notary Public)
personally appeared
Name(s)of Signers)
❑ personally known.to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their ,
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
rhI Place Notary Seal Above Signature of Notary Public
ri
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
h and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Cl Signer's Name:
<'I ❑ Individual Top of thumb here
❑ Corporate Officer—Title(s): i
❑ Partner—❑ Limited ❑ General
Attorney in Fact
El Trustee
Guardian or Conservator
Other:
Signer Is Representing:
1997 National Notary Association•9350 De Soto Ave PO Box 2402•Chatsworth,CA 91313-2402 Prod.No 5907 Reorder Call Toll-Free 1-800-876-6827
i;XHIBIT- A
The land referred to In-this Report is situated in the County of Santa Clara L in the unincorporated area,
State of California,and is described as follows:
PARCEL ONE:
ALL, OF I= 1, 2, 3, 4, 5, 6, 7, 8 AND 9 AS SSOWN UPON THAT CERTAIN IMP
E TTITLSD, `MAp OF TEE st=VISION OF THE RENOWDEN TRACT", WHICH MAP WAS FILED
FOR "CORD ON JAN=Y 20, IBE8 IN BOOK C OF*MAPS, AT PAGE 51, SAM CLM COUNTY
RECORDS.
ASSESSOR'S PARCEL NO. 544-30-003 (PORTIODT) AND 544-30-002 (PORTION)
mcSL TWO:
SBING ALL OF.THE PARCEL DESCRISSD IN CERTIFICATE OF COMPLIANCE RECORDED MAY 7,
198S IN BOOK J339 PAGE 607 OF OFFICIAL RECORDS.DESCt.LBED AS FOLLOWga
ALL Op LOT 10 OF TEE RE gOWDET TRACT, AS LAID'DOWN =.DELINF.ATEI1 UPON A MAP
SSP =.m, .MAP OF = SUBDIVISION OF THE RENOWDEN TRACT" WHICE MAP WAS FILED FOR
R_gM:'1D IN TEE OFFICE OF TEE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, ON JANUARY 20, 1888 A.M RECORDED IN VOLUME "C" OF MAPS, AT PAGE 51.
�.L -G THEREFROM THAT PARCEL OF 1,PIW CERTIFIED IN CERTIFICATE OF COMPLIANCE
.4. 2325-24-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPIM
CIoOz.tDINATOR A= REC`cp= WITS NO. 8396376 LIT SANTA CLARA COUNTY OFFICIAL RECORDS
ON NARCLE 5, 1985.
2.LSO EXCEPTING THEREFROM SO MUCH OF SAID LOT NO. 10 THAT LIES WITHIN THE PARCEL
OF LAND AS CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2324-25-46-84CC, ISSUED EY
TEE SANTA CLARA COUNTY LAND DEvETAPMErtT COORDINATOR AND RECORDED WITH NO 8373075
IN SANTA CLARA COUN'T_' OFFICIAL RECORDS ON MARCH 5, 198S.
ALSO EXCEPiI21,G FROM ALL OF LOT 10 THAT LIES WIT= THE PARCEL OF LAND
CONVEYED BY CIU S. MCKIMUIAN, ET AL, TO HERMAN PETERSON, BY DEED RECORDED IN
VOLUME 95 AT PAGE 236, SANTA CLARA COUNTY OFFICIAL RECORDS, ON AUGUST 274 1887. .
ASSESSOR'S PARCEL NO. 544-30-002 (PORTION)
PARCEL THR&.v
BEING THAT PARCEL D85CR ISED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985
IN BOOK J302 PAGE 1164 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT A STAKE STANDING IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF
SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID STAKE BEING 200 FEET EAST FROM
THE SOU` f WEST CORNER OF SAID QUARTER SECTION; AND RUNNING TfiENCE VEST ALONG; SAID
SO= LINE OF SAID QUARTER SECTION 200 FEET TO THE SAID SOUTHWEST CORNER OF SAID
QUARTER SECTION; TFMCE NORTH AND ALONG THE WEST LINE OF SAID NORTHEAST 1/4
SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, 210 FEET TO A STAKE: THENCE IN A
STi2AIGc-'i' LTD"--- SOU=AST TO THE PLACE OF 1REG1MTING.
S
�Y7
r]RT.31 S7.0
i
ASSESSOR'S PARCEL NO. 544-30-003 (PORTION)
PARCEL FOUR.
BZING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985
IN BOOK J302 PAGE 1190 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: .
TEE, EAST 1/2 OF THE NORTEEAS"T 1/4 AND TEE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 7, 'TOWYSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO SASE AND MERIDIAN.
ASSESSOR'S PARCEL NO. 544-SO-001
FACi FOUR A:
A BIT OF HAY APPURTEIMNT TO PARCEL NO. FOUR ABOVE DESCRIBED, FOR TEE PURPOSES
OF of INARY TRAVEL, AS GRAsbt BY STANDARD OZL COMPANY, A CORPORATION TO BDRABD
W. GORDON, BY INSTRUMENT DATED Jt1'NE 9, 1909 = RECORDED DUNE 16, 1909 IN BOOK
345 OF DEEDS, AT PAGE 205, WHICH RIGHT OF WAY IS 15 FEET WIDE, TEE CENTERLINE OF
EEREOF IS MORE PARTICULARLY DESCSt.IBED AS FOLL044S
R=I=TNG AT A P012-4T WHICH IS EIGHT AND SIXTY-TWO RUNDREDTES (8.62) CSASNS NORTH
OF THE CENTER OF SAID SOUTHEAST QUARTER (S.B. 1/4) ; RUNNING THENCE SOUTH 660
HEST ONE AND FORTY-FIVE HUNDR.E 11S (1.4S) CfiAINS; TECEORC E SOUTE 74° WEST ONE AND
EIGHTY-FIVE HUNDREDTES (1.85) CHAINS; THENCE SOUTH 68•. 1S' WEST TWO AND FIVE
EUNDREDTRS (2.05) CHAINS; THENCE SOUTH 8 6• 15' WEST ONEAND SIXTY HUNDREDTHS .
(1.60) MkINS SOUTH 680 30' WEST TWO AND EIGHT HUNDREDTHS (2-08) CHAINS; THENCE
1. TWO AND SEVENTY-FOUR HUNDREDTfiS (2.74) CHA.ZNS; THENCE NORTH 59° WEST ONE AND
SIXTY HUMREDTHS (1.60) GAINS; TRICE NORTH, 31° SO' WEST FOUR AND MRTY-SEVEN
EUNDRSITBS (4.37) CF-ASNS; THENCE NORTH 5° WEST ONE"AND FIFTEEN HUNDREDTHS (1.15)
CHAINS_
PARCEL FTVE:
BEIM TEAT PARCEL DESCRIBED IN fD:=FICATE OF COMPLIANCE RECORDED MARCH 26, 1985
IN BOOK c7302, PATE 1166 OF OFFICIAL RECORDS DESC RZBED AS FOLLOWS:
BEGnafI IG AT A 3" X 4" POST AND IRON- PIPE STANDING AT THE COMMON CORNER OF
SECTIONS S, 6, 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO SASE AND
MERIDIAN, AT THE NORTHWESTERLY CORNM OF THAT-CERTAIN 80 ACRE TRACT IN SAID
SECTION 8 CONVEYED BY D.E. WISEMAN, ET V]C, TO JESSIE ROBERTSON BY DEED DATED
SEPTEMER 13, 1913 AND RECORDED IN VOLUME 408 OF DEEDS, AT PAGE 104, ET SEQ. IN
THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA AND RUNNING.
THENCE SOUTHERLY AND ALONG THE LINE BETwEXN SECTIONS 7 AND 8 WHICH HERE FORMS
TEE WESTERLY LINE OF SAID 80 ACRE TRACT, St7IITT 00 3.1' EAST 18.90 CHAINS, TO A 6"
X 6" POST AND IRON PIPE STANDING AT THE SOUTHWESTERLY CORNER of SAID 80 ACRE
TRACT, AND FORM WUIC33 A REDWOOD 20" 3N DIAMETER BEARS' SOUTH 38-3/4° WEST O.SS
CHAINS, AND A R.FDWOOD 12" IN DIAMETER BEARS NORTH 57-3/40 WEST, 0.SS CHAINS,
BOTH TREES IQJU Eb "B.T_ _1/8S"; THENCE EASTERLY AND ALONG THE SOUTHERLY LINE OF
SAID 80 ACRE TRACT, SOUTH 89° 56' EAST iS.18 CHAINS TO A 2" X 311 -STARE MARKED
-T_-R.2" FROM WHICfi A FORKED MADRONE 14" 32l DIAmMR BEARS SOUTH 82-1/21 EAST,
ORT 3157-E - _rwl
I
0.027 CWkINS AND A REDWOOD 22" IN DIAMFiTER BEARS NORTH 440 WEST 1.273 CHAINS,
BOTH TREES MARI= "B.T.T.R.2R; THENCE NORTHERLY AND ALONG THE LINE PARALLEL TO
SAID LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0° 11, WEST I9.15 CHAINS TO A 2"
X 3• STAKE MARKED T.R. 1 STANDING IN THE LINE BETWEEN SAID SSCTI= S AND 8, AUID
FROM imicH A MADRONE 10' 22i DIAMETER BEARS NORTH 56 3/4 4 WEST 0.087. CHAINS, AND
A VOR = TAN OAK 16" IN DIAMB'TER BEARS NORTH 64-314• EAST 0.39 C IS, BOTH
TREES BEING NARKED "B.T.T.R.1.r AND THENCE WESTERLY AND ALONG-SAID LINE BETWEEN
SECTIONS 5 AND 8, wzlCg FIBRE FORMS THE NORTHERLY BOUNDARY OF SAID 60 ACRE
TRACT, So= 89. 08' WEST 15.18 CHAINS TO THE POINT OF BMINHTNG, BEIM A PART
OF THE ABOVE MENT CON= 80 ACRE TRACT IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE I
WEST, MOUNT DIABLO BASS AND MERIDIAN.
nss*_.SSOR'S PARCEL NO. 544-13-014
PARCEL SIX:
aE33;G -jMkT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985
IS BOOR 0303 PAGE 921 OFFICIAL.RECORDS DESCRIBED AS FOLLOWS:
AEGnu22NG AT THE'-OFFICIAL QUARTER SECTION`.CORNFsR IN THE LINE DIVIDING SECTIONS ?
AIM 8, TOFINSr"I. P 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIANI; AND
RUNN= TEWCE-ALWG THE SECTION LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0°
11, WEST 18.90 CH�t=S TO A 6" X 6" POST MARKED 1/0 S. AND 2" PIPE STANDING AT
THE SOa'I`H�J>S'L CORI�� OF TEE TRACT OF LAND CONVEYED BY JESSIE ROBB TSON AND W.J.
ROBERTSON TO BARRY L. TEVIS, BY DEED DATED JANUARY 15, 1916 AND RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SANTA C.LARA COUNTY IN VOLUME 438 OF DEEDS, -AT
PAGE 332; R w G THENCE ALONG THE SOUTH LINE.OF SAID 28.88 ACRE TRACT AND THE
PROLONGATION THEREOF, EASTERLY SOUTH 89" 56' EAST, 1S.76S CHAINS TO A POINT FROM
W=CS THE SOUTHEAST COMM OF THE ABOVE MENTIONED 28.88 ACRE TRACT BEARS NORTH
899 S 6' WEST 0.S 8 S CHAINS; RUNNING THENCE PARALLtE'L TO TEE SOUTHERLY PROLONGATION
OF JnR Try MkS- L•Y LINE OF SAID 28.88 ACRE TRACT, SOUTH 0. 11' EAST 19.15 CSAIFIS TO
A POINT INd TES SOUTBERLY BODY LINE OF TEE LAND OF E.W. B IDDLE Amu,) IN THE
QuARTE . SECTION LINE RI MftNG EAST AND WEST THROU(= TEE OF SAID SECTION 8;
RUBrt2NG THENCE AWNG ZTIB SAY BOUNDARY LIM OF SAID LAND OF BIDDLS AND
ALONG SAID O ARTER SECTION LINE NOR= 894 5' WEST, 15.76S CHAINS TO THE PLACE OF i
BEGINNING; AND B82NG A PORTION OF THE SOUM 1/2 OF THE NORTHWEST 1/4 OF SAID
SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN.
ASSESSOR'S PARCEL NO. 544-56-004
PARCEL SEVEN:
BEING THAT PARCEL DESCRIBED I2t CERTIFICATE OF 0CVXLIANCE RECORDED AUGUST 6, 1985
IN BOOK J420 PAGE 731 OF OFFICIAL RECORDS DESCRIBED As FOLLOWS: .
CommENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST,
M_D_B. L M.; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP
.-M RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH
1B~ C�'F2 LINE OF CHASE ROAD; THENCE WESTERLY ALONG TFiE CENTER LINE OF SAID
OA9 TO T8E LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA
ORT 3157.E
COLI,EGS; T CE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50
CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ
AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY
1UM SOLTT71ERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2° EAST 7.39 C MUNS TO A.
STAKE MARKED M.C.K., SOUTH 58-1/2° WEST 5.92 CHAINS, SOUTH 8" 30' EAST 0.61
CHAINS, SOUTE 1° WEST 0.83 CHAINS,. SOUTH 180 40' WEST 1.08 CHAZHB, SOUTH 4" 45'
WEST 1.06 CMkINS, SOUTH 35' 30' WEST 1.65 CEAA=S, SOUTH 720 30' WEST 1.55
CHAINS, SOUTE 69° 301 WEST 1.15 CHAINS, 5OUT7i 700 1S' WEST 1.46 CHAINS, SOUTH
814 20' WEST 1.03 CHAINS, NORTH 89' 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE
$ASTERLY LINE OF ZEE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNINGt
NORTH AID SOUTH TEQ2M= THE Cg?i'8R OF SECTION 6•, TOWNSHIP 9 SOUTH, RANGE 1 WEST;
�C8 SOUTH Oa 12' REST 20 p 4S CMLWS TO STAKE MAR ED RM FROM WHICS THE ABOVE
f(E TIOMM 1/4 SECTION.00MUR IN CENTER. OF SECTION 6, TOWNSHIP 9 SOUTH, RANai 1
K35T, AS SET IN TBS SOBDIPISIou OF TME RMORDEN' TIJ= MARS SOUTH• '0. 121.WEST .
3.18 Cam;- IMP 1-1E SOU= 43° 40•' EAST, 4.39 CHAINS TO POINT nT 1/4 SECTION IJNE
3=31M EAST AND WEST 77MOUGH TEE CENTER OF SAID SECTION 6; THENCE EAST ALONG
SA-D 1/4 SBCTTw LINE TO THE CENTER. OF WE BB MEEK; THENCE UP THE CENTER OF WEBS
CR=, BEING*ALSO THE EASTERLY LINE OF SAT 3 ,OF TEE R.SNOWDBN TRACT TO THE
INTSFSSCTiou OF SAID CENTER LINE OF SAIL? WEBB CREEK WITH THE 1/4 SECTION LINE
YItN = N:bRTE JUM SO= THROUGH THE CENTER,•OF SAID SECTION 6; THENCE SOUTHERLY
.ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGASRZY ROAD; THENCE IN A
C"----ALLY NORTEER.LY DIRECTION ALONG THE CENTER OF DOUGERTY ROAD TO THE THIRD '
POINT OF INTERSECTION OF THE SECTION LINT. BETWEEN SECTIONS 5 AND 6, TOWNSHIP 9
SOUTH, PJWGE I WEST, SAID POINT BEING APPROXIMATELY 220 FEET SOUTH OF THE
NORTHEAST CORNER OF SECTION 6; THENCE NORTE ALONG SAID SECTION LINE TO THE POINT
OF BE:GINI ING.
ASSESSOR'S PARCEL NO. 544-31-003
PA-RCSL ikiGBT:
M� THAT PARCEL DESCMEE:D IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 3, *1985
IN BOOK J310, PAGE 662 OF OF?ICIAL RECORDS DESCRIBED AS FOLLOWS:
TEAT PORTION OF TEE TRACT OF LAND FORMERLY BELONGING TO GEO. E- BASSETT AND
WIFE, LOCATE IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M., ACQUIRED BY .
DEED DATED JUKE .18, 1902, MADE BY WM. B. RANKIN, ET AL TO GEO H. BASSE'IT, ET AL,
WHICH DEED IS RECORDED IN VOL. 2S2 OF DEEDS, PAGE 490, RECORDS OF SANTA CLARA
COUNTY, CALIFORNIA WHICH PORTION OF SAID LANDS WHEREIN CONVEYED IS MORE j
PARTICULARLY DESCRIBED AS FOLLOWS: TO WIT:
BEGINNING AT A POINT IN THE CENTER LINE OF DOUGHERTY ROAD WHERE THE SAME IS
INTERSECTED BY TSE PROLONGATION EASTERLY OF TEE SOUTHERLY LINE OF LOT 6, AS THE i
SAME IS DESIGNATED AND DELnTFATED ON THE MAP OF THE; SUBDIVISION OF THE RENOWDEN
TRACT, WHICH MAP IS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY
OF SANTA C.LARA, STATE OF CALIFORNIA IN BOOK C. OF MAPS, PAGE 51, SAID PORTION
OF COt"2=NCvME iT BEING DESIGNATED AS EmGINEER'S STATION K.R-3 AS SET BY A.T.
ffiZR2.13�_NN OF $E:RRKkNN BROS., SURVEYORS AND C.E. 'S, SAN JOSE, CALIFORNIA AND`SHOWN
O?; A MA_� OF SURVEY OF THE PROPERTY OF SAID DR. GEO 11- BA.SSE T T AND WIFE, IN
S,%,=0 6. .roWNSSSP 9 SOUTH, RANGE 1 WEST, M.D.M. , SURVEYED BY SAID A.T.
2
ORr 315T-E
HERRMANN ON AUGUST 4, 5 AND 6, 1903, FROM WHICH STATION IK.R.3. A NADRONE TREE
10• IN DIAMETER BEARS S. 874 30' W. 47 Ln= AND A TAN OAK TREE 8" IN DIAHE,'TER
BEARS N. 53" 3S' W. 0.667 C'EA XS; Tf=CE ALONG THE SAID DOUG ERTY ROAD FROM
STATION K.R.3. THE FOL14R NG COURSES AIM DISTANCES, AS SO SORVEM'BY SAID A.T.
S UUUV*2 R AM DESCRIBED ON SAID MAP OF SUCH SURVEY. RAMSLY: DOUGYi.E'RTY ROAD FROM
K.R.3 NORTHWRD-
COURSE DISTANCE IN C E INS TO STATION NUMBERED
X. 30-1/29 W. 1.00 1
F. 9• W. 1.S0 2
3;. 16-1/2• E. 1.00 3
X. 44-1/2' E. 0..75 q
X. 86. 45, E. 1.30 '`
N. 190 E. 2.36 6
S. 400 W. 2.50
N. 0° 45, W. 1.50 8
V. 149 15' E. 3.25 9-
N. 66' is, E. 1.50 10
N. 88° 45' E. 2.22 11
N. 79" 45' E. 2.17 12
S. 610 0' E. 2.45 13
S. 75-1/4° E. 0-62 14
bT. 420 15' E. 5.90 15
N. 58° 45, E. 1.30 16
S. 890 16, 8. 1.70 17
N. 37' 30' E. 2_40 18
N. 56• E. 2.68 19
N. 760 30' E. ills 20
S. 72. 15' E. 1.25 21
S. 45. 45' E. 2.20 22
S. 3.2. 30' R. 2.80 23
S. 41. 45, E. 1.45 24
S. 63" 1S' E. 1.65 2S
N. 65° 45' E. 0.355 26
WHERE A 1-114" IRON PIPE IS SET, FROM WHICH PIPE A VAL. OAK TF.SE 25" IN DIAMETER
MARTED D, BEARS S. 70-3/4• E. 1.12 CUS. AID A LIVE OAK TREE 6" IN DIAMETER $EARS
H. 83-1/4' W. 0.45 CBS; TEM;CE SOUTH 00 23' E_ 14.13 CES. TO A STATION NUMBER
1/4S �8 A 4,w X 4" STAKE AND IRON pIFE IS SET. AND FORM NCH A B10AC1K OAK 24
nTCHES IN DIAMETER BEARS S. 12• E. 0.54 CAS. AND A MADRONE TREE 10" IN DMAMETSR
BEARS S. 67-1/26 E. 0.29 CHS.; THENCE SOUTH 0' 06' E. 14.64 CBS. TO A POINT IN
THE C MTER LINE OF COLLINS CREEK DESIGNATED ENGINEER'S STATION P.R.; FROM WHICIT
POINT A REDWOOD TREE S- IN DIAMETER BEARS S. 130 40' E. 0.25 CBS. AND A MAPLE
TREE 9" IN DIAMETER IN A BUNCH OF 6 LARGE AND 12 SMALL MAPLE TREES BEARS N. 150
05' E. 0.79 C2iS. AM A FALLS IN THE CREEK ON A LEDGE RUNNING.NORTH AND SOUTH AND
FEET HIG
H,
10 L
IIMS N.E. OF SAID POINT: RUNNING THENCE ALONG SAID
TtdO TO Tffi2EE . 1
C�-- T OF COLLINS K�tEEK, tilTFi THE FOLLOWING COURSES AND DISTANCES. �Y.
CC>UMZS C'R= FROM P.R. TO M.B.:
ez
OPTS S,7.F
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
S. 50-1/2- X. 1.20 1
S. 37-1/20 H. 1.04 2
S. 450 W. 0.90 3
S. 29-3f4' E. 0.66 4
S. 68-3/40 W. 1.10 5
fi. 7011/4- W. 1.42 6
S. 51-1/2- W. 0.78 7
S. 61- W. 0.90 S Q MS
CS M;GMWR S STATION X.B. BEARS N. 740 W. 0.20 CEES. FROM A REDWOOD TRBS 10"
nT DIAb0I'ER MARKED B.T.M.B.1 THENCE LEAVING SAID•COLLINS CR= AND RMUTING ALONG
A SOObc IDARY CANYON FROM SAID STATION M.B. TO STATION BE, WITH THE FOLLOWING
COURSES AIM I)ISTANC ES NAMELY-- BOUNDARY CANYON FROM M.B. TO E.R.
COURSE -DISTANCE IN CHAINS TO ==ION Nufo BE:RRD
N. 28-1/2- W. 1.33 A
N. 40-1/2- W. 2.40. B
N. S40 W. 2.00 C
N. 58-3/40 W. 1.46 D
N. 490 W. 1.67 E
N_ 66-1/4- W. 1.25 F
K. 56-3/4- W. 1.66 G
N. 50-1/40 W. 1.55 H
N. 700 W. 1.81 SB
%ICE SA= STFkTION BB IS MARKED BY'A+3" X 3" PICKET IN TEE CENTER OF A GULCH AND
MAPLE TREE 10 INCHES IN DIAMETER IN A BUNCH OF 3 MAPLE TREES BEARS S. 4-1/20 W.
6.36 CES. AND A BUCFtEYE TREE 8 INCHES IN DIAMETER IN A BUNCH OF 6 BUCKEYE TREES
BEARS S. 62-1/20 W. 0.25 C S. ROTS OF WHICH TREES ARE MA8ICED B.T.B.B.1 THENCE S.
54• W. 9 CES. TO A POINT IN BISSELL LANs Am A PIPE X'1Rl= B.B.'FROM WHICH A 4"
X 4" WITNESS POST MARRED B.T.B.B. BEARS N. S4-' 50' E. 0.27 CaS. AND A MADRONE
TREE SIMILARLY MAARI= 4S INCHES IN DIAMETER BEARS S. 60 W. 2.015 CHS. AND A
POPLAR TREE 16 INC!i£S IN DIAMETER SIMILARLY MAID BEARS N. 2S-1/2° w. 0.623
CAS.; 2MMCS ALONG THE CENTER LINE OF SAID BISSELL LANE, WITH THE FOLLOWING
COURSES AND D ISTA*NC ES, NAMELY: BISSELL LANE, CENTER I.= FROM B.B. TO L.D.
COtTRSE DISTANCE IN CHAINS
TO STATION NUMBERED
N. 9-1/2• W. 0.61 I
N. 23-3/4- W. 0.62 R
H. 38-1/2- W. 1.00 L
X. 52-1/2° W. 2.90 M
N. S4-1/2* W. 0.72 u
r
ORT 3157-E
i
N. 67-1/2' W. 0.65 O
N. 84-3/40 W. 1.34 PIPE LD
WHICH PIPE MARKED L.D. BEARS S. 67-1/4' E. 0.63 CHS. FROM A POPLAR'TREE 11" IN
DIAMETf it AND A REDWOOD TREE 6" IN DIAMETER OUT OF A STOMP 6 FEET IN DIAML-= Am
10 E, EIGB, BEARS S. 85' 5' 'k. 0.77 CBS.; TEEENCE LSAVTNG SAID BISSSLL LANE AND
R mmgG ALONG Tus ROAD, THE FOLLOWING COURSES AND DISTANChS, NAMELY: FROM OLD".
COURSE DISTANCE IN CHAINS TO STATION NUMF3ERB23
g- 5° W. 1.75 1
N. 24' E. 1.6o 2
S. 5' E. 1.95 3
X. 38' 3.0' E. 3.50 4
N. 100 W. 2.80 5
V. 37• 30' W- 0.75 6 & KR.3
TO THE PLACE OF BEf,-nwING,
ASSESSOR'S PARCEL NO. 544-31-002
PARCEL NINE:
BEING PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED OMY 31, 198S IN
BOOK J415 PAGE 579 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, FANGS 1 WEST,
M.D.B. & M.; THENCE WESTERLY ALONG TIM NORTH LINE OF SECTION 6, SAID TOWNSSIP
AND RANGE TO THE POINT OF INTMZECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH
THE CEi= LINE OF CEASE ROAD; THENCE WESTERLY ALONG TEE CENTER LINE OF SAID
CEASE ROAD TO TEE LAIMS OF THE PRESIDENT AM BOARD OF TRUSTEES OF &AHTA CLARA,
COLLEGE; THENCE'S07M TO TES FORTS LINE OF SAID SECTION 6; THENCE WEST 15.50
CHAINS, MORE OR LESS, TO TES NORTHSAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ
AND.J. KOPPITZ TO-W.C. CONEY BY DEED OF MAY 6, logo; TM210E ALONG TEE EASTERLY
AND SOUTHERLY LIRE OF SAID HAHONiY LOT, SOLTTfi 14-1/2' EAST 7.39 MAINS TO A
STARS MARMW M.C.K., SOUTH 58-12' WEST 5.92 CHAINS, SOUTH So 30' EAST 0.61
CHAINS, SOUTH I• WEST 0.83 =XMS, SOUTH 18' 40' REST 1.08 CHA,=S, SOUTH 4' 45'
WEST 1.06 CHAINS, SOUTH 35' 30' WEST 1.65 CRAMS, SOUTH 72' 30' WEST 1.55
CHAINS, SOUTH 89" 30' WEST 1-15 CRAMS, SOUTV 70a 15' WEST 1.46 CHAINS, SOUTH
s , IN THE
S TO STAKE K4M4
a i 52 WEST 7.35 CHAIN
S NORTH $9
81 20 WEST 1.03 CHAINS,
L
EASTERLY LINE OF THE RENO�� S INS RI]2a2nM
14 SECTION
/TRACT, BEING ALSO THE
NORTH AND SOUTH THROUGH THE CENT'EZ OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST;
THENCE SOUTH 00 12' WEST 20.4S CHAINS TO STAKE MARKED RK2 FROM WHICH TES ABOVE
MENTIONED 1/4 SECTION CORNER IN CINTER OF SECTION 6, TOWNSHIP 9 SOUTH; RANGE 1
WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN. TRACT BEARS SOUTH' 0' 2.2' WEST
3.18 CHAINS; TRM C'.E SOUTH 43' 40' EAST, 4.39 CRAMS TO POINT IN 1/4 SECTION LINE
RM-at-23t, g,A.r,F A2dD NEST' TfUtOUGI3 THE G3:NTER OF SAID SECTION 6: '1'fD ICE BAST AIAttG
SA=D 1/4 SECTION LINE TO MM CENTER OF WEBB CREEK; TZWCE*VP THE CENTER OF WE E
CL_1, E=ZF.G ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE
_s0 ft
CRT 3157-E
INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE
AND SOIITH THROUGH TEE CENTER OF SAID SECTION 6; THENCE SOUTHERLY
1,Y.[G S7 TAD I./'4 � om LINE TO THE Cat OF THE DOUGHERTY ROAD; THENCE
.S.Y HUNG THE CENTER OF SAID Doua ERTY ROAD TO A STARE OPPOSITE THE
MTE IS LMM LEAI)MG TO TEE RESIDENCE FORMERLY OMW BY G.R. BISSELL: THENCE
SOUrUIRLY AND ALONG = CENTER OF SAID LAMS TO A STAKE STANDING OPPOSZTs THE
OFVZaSnRDGATEStAYs ,UNgING THENCB EASTERLY IN A STRAIGHT LINE THROUGH
TILE
CE21T&T2 OF SAID GATEyAX AND ALONG THE CMT= LINE OF A ROAD BETWEEN CIiARBONO
A= MALVOISE GRAPES, BEING THE LINE DIVIDING L MMS FORMERLY OF RAN10a; AND
BISSE:.L, TO A STARE IN FWCE; GCS PROLONGING SAID CEIi2'Ey'g LINE OF SAID ROAD TO
v OF A GZ7I.C�; THENCE SO=EA 3RLY ALONG THER(Mlr OF SA= (; LCH TO
.ME CENTER OF COLLINS CREEX.AND THE TRUE POINT OF BEG�G OF THIS DESCRIPTION;
'� UP �'CEt1M OF COLLIFS CREEK TO THS ILIKIE DIVfD=-G SECTIONS 6 AND 71
05�' 9 SOUTg, RANGE 1 REST; TRICE BAST ALONG SAID LINE BETWEEN SAID
SEdS 6 AND 7 AND S AND 8 TO TIM CENTER OF RAVINE; THENCE DOWN TEE CENTER OF
SAID EAVT.3TE 'i'O j:EM C8;TER OF COLLINS'Clt=; THENCE VP THE CEttM OF COLLINS
CM=,X c=_r-WTERLy, FOLLOWING THE MEANDERS OF COLLINS CR= TO THE TRUE POINT
OF HBGT2NG-
RT.11 mC TEaREFROM ALL THE PETROLEUM, 2I U lHA, ASPHALTUM AMID OTHER SUBSTANCES
CC�i7�'ING OR PRODUCING.OIL, AND ALL COAL, MZKERAL AND MnMRAL SUBSTANCES, AND
TZ3 RI(7ET, PRIVILEGE AND EASEMFNi' TO HAVE, TAKE AWAY AND REMOVE TO THE USE AND
TWIT OF T.G. MCLERAN, ET AL, AND THEIR EiEIRS AND A$SIGNS ALL THE SUBSTANCES
A*D FOR THAT PURPOSE, FROM TIME TO TIME AND. AT ALL TIMES FD;SSOCIATTER TO
UPO)q TEE ABOVE DESCRIBED PREMISES WITH THEIR SERVANTS, AGENTS, ASSOCIATES
A9 A 1S^.�yrS TO PROSPECT, SEARCH, DIG AHD BORE FOR SAID SUBSTANCES AND TO
b'Z ;L".1. AID WORK TEE SnuC_, AS. CONVEYED TO T.G. MCLERAN, ET AL By nmENTURE
RECORDED OCTOBER 19, 1665 PIT BOOK U OF DEEDS, PAGE 220 OF OFFICIAL RECORDS.
ASSESSOR'S PARCEL NO. 544-31-002 (PORTION) S44-33-003
PARCEL TEEN:
BEGINNING AT A R-rmrr=D TREE 2 fF."T 23T DIAMETER MARKED "1/4 SEC." AM BEING THE
1/4.SECTION CORNER Bfil%—Z-m SECTIONS 31, TSS R1W AND. SECTION 6., T9S, RSW; AND
RQlafIMG THENCE ALONG 13✓ LINE BETWEEN D SAID
SECTIONS
WITH 3' NORTH $ 4
NOTCHESFOREAND
19 CHAINS TO A MADRONE TR*
AFT, (EAST AND WEST) FOR A STATION TREE ON SAID SECTION LINE, SAID POINT ALSO
BEING THE NORT Tf�-s CORNER OF OE21.1 1818 9 TRACTCRE TF=NCE ALONG THE EASTERLY AND J.
R.OPPITZ TO W.C. MAHONEY BY DEED
ONEY LOT, SOUTH 14-1/2• WEST 7.39 CHAINS TO A STAKE
Y LIN
E O F SAID MAFI
Q'L�RL S SOUTHERLY N
bAR.I� M.C.X., SOUTH 56-1/2° HEST 5.92 CHAINS, SOUTH 8 30 EAST 0.
61 CSAZ
SOUTH 129 WEST 0.83 CEkINS, SOUTH 18• 40' WEST 1.08 CFIALKS, SOUTH 4' 45' WEST
1.06 C IAINS, SOU a 3 S' 3 0' WEST 1.6 5 CHAINS. SOUTH 726 10, WEST 1.5 S CHAINS SOUTH 69. 30' WEST 1.15 CHAINS, SOUTH 70' 15, WES; 1.48 CHAINS, SOUTH 81° 20'
WEST 1.03 CHAINS, NORTH 8 9• 521 WEST 7.3S CHAINS TO STA 7- K4M EASTERLY
IN THE
AND
LINS OF THER.ENOWDEN TRACT. BEING ALSO THE 1/4 SECTION LINE RUNNING NORTK
SdLT3 OU( THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, pj2NGE 1 WEST: THENCE
SOUTH
OF SA_TD
ALO.I;U SAID 1/4 SECTION LINE RUNNING NORTH AND , AND E CENTER BING A RTION OF
Sc"'LT30;: 6, :tfl 15.63 CHAINS TO THE POINT OF BEGINNINGNG,
SECTION 6 IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. AND M.
ASSESSOR'S PARCEL NO. 544-31-004
PARCEL € EVEN:
BEING A PORTION DESCRIBED IrI CERTIFICATE OF COMPLIA= RECORDED APR. L 5, 1985 IN
BOOK J312 PAGE 2167 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
BEGIING AT A REDWOOD TREE, 24 INCHES IN DIAMETER, BEING M OFFICIAL QUARTER
SECTION CORNER IN TEE MIDDLE OF THE NORTH LINE OF SECTION SIX (6) IN TOANSHIP 9
SOUTH,. RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN, BEING ALSO THE NORTMMST
camm OF•LAND OF ftXONEY (AS 87GIST.ING ON, MAY. 26, 1892; FOR.tgMy OF XOPPM;
TEMM RQRbIING ALONG SAID I.INB (BEING TEE TOWNSHIP LIME) EAST, ONE Q=TER. OF A
KT-Z, To Tea MIDDLE OF TEE NORTH LINE OF TEE NOR.T`EERST 1/4 OF SAID SECTION 6;
=y= �AT RIGHT ANGLES NORTH,.TO THE ROAD KNOWN AS TEE CM= ROAD, .VICE
ALONG S.A= CASE ROAD IN A GSNVRAL KESTERLY DIRECTION TO TEE NORTIMAST
C37RNM OF TEE LAND OF E. PFTERSON (AS EXISTING ON MAX 26, 1892) ; THENCE SOVTR
ALONG TEE EAST LIDS OF SAID PETERSON'S LAND (AS EXISTING ON MAY 26, 1892) ALONG
FENCE A DISTANCE OF FIFTY FEET, MORE OR LESS, TO ZEE ROAD LEADING FROM SAID
CHASE ROAD TO THE PREMISES OF J.B. RSNOWDEN (AS EXISTING ON MAY 26, 1892) ;
VICE ALONG SAID ROAD IN A GENERAL SOUTS.'RLY DIRECTION TO A POINT FROM WHICH A.
STRAIGHT LING DRAWN TO THE REDWOOD TREE, TEE PLACE OF BEGINNING, WILL PASS SOUTF.
Off AND DISTANT SEVENIT-FIVE (7S) FEET FROM THAT CERTAIN SPRING WHICF IS SITUATED
ABOUT HALF WAY BETWEEN SAID CHASE ROAD AND SAID ROAD LEADING FROM TlM CEASE ROAD
TO SAID PREtffSES OF J.B. RENOWDMI. (AS EXISTING ON MAY 26, 1892) AND NEAR TRE
WESTERN BOUNDARY OF TER LAND EEREBY CONVE=, WHICE SPRING ISSUES AT A LARGE
REDWOOD STUMP, IN A CLUMP OF REDWOOD TREES, AND NEAR THREE LARGE CALIFORNIA
LAURELS; THENCE FROM SAID POINT NORTHEASTERLY ABOUT ONE-EIGHTH OF A MILE TO THE
PLACE. OF BEGINNING; AND BEING A PART OF LOTS 10 AND 12 OF TEE SIIBDIVISION OF THE
RSNOWDEN TRACT AS SEOWN UPON TTI MAP TEER.EOF OF RECORD IN T�E COUNE'`I RECORDER'S
OFFICE OF SAID COUNTY O_ SANTA CLARA, IN BOOK "C" OF MAPS, PAGE 51. .
gggG =3 SAS p2MUSES GRANTED TO_ SAID PARTY OF THE FIRST PART BY J.B.
gEIiiOWMM, XT AL, BY DEED DATED MAY 26, 1892, OF RECORD 321 LIBER 146 OF DEEDS,
. PAGE S29, Vr SEQ., IN TRE' COUNTY RECORDER'S OFFICE OF TEE COUNTY OF SANTA CLARA,
TO WSICE DEED AS THERE RECORDED REFERFIICE IS E3!pmY SPECIALLY MADE FOR i
DESCRIPTION OF SAID PREMISES.
ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) AND•S44-30-002 (PORTION)
PARCEL TWELVE:
BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 11
198S IN BOOK J334, PAGE 1832 .OF OFFICIAL RECORDS, DESCRIBED AS FOLZAKS:
BI2ZTIING AT A REDWOOD TREE 24 IN IN DIAMETER, BEING THE OFFICIAL ONE
QiTARTSR 41/4) SECTION CORNER ITS TIC NORTH LINE OF SECTION 6,
M_D_M., SAID POINT OF BEGINNING BEING ALSO THE NORTHWEST CORNER OF LAND OF
(AS EXISTING ON JULX 6TFi, 18
92, F'O�Y
OF
KOPPITZ) ; THENCE RUNNING
i
-S�?L
ORT.M7-E
ALONG TEE 1/4 SECTION LIKE SOUTH 5.16 CM,MS TO A STAKE MARKED -54 , FROM WHICH
A BLACK OAK MARKED -B.T.R.SS" BEARS S. 39 300 W. 54 LINKS DISTANT; THENCE
RUNNING ALONG TE Z CEL A j:M Leis OF THE ROAD LEADING FROM THE CRASS ROAD TO THE �
PREMISES OF J.B. RMMW'DEN (AS EXISTING ON JULY 6TH, 1892) WITS TEE'FOLLOWING
COURSES AND DISTANCES: S. SG" 37' W. 1.SO C UMS; S. 730 15' W. 0.61 CHAINS; N.
609 45' W. 1.94 CHAINS; N. 740 30' W. 1.03 CHAINS; G. 700 52' W. O.SS CHAINS; S.
540 30' W. 1.77 MUMS; S. 470 W. 0.26 G
CHAINS; S. 884 W. 0.45 INS; N. 54° 3-5'
W. 0.53' CN3AINS, AND N. 36- 46' W. I-SS CHAINS; THENCE LEAVING SAID ROAD AND
RUNNING ALONG THE SOUTHEASTERLY LINE OF LANDS OF TIE PRESIDENT AND BOARD OF
TRUSTEES OF SANTA CLARA COLI.EGS (AS EXISTING 'ON DULY 6TE, .1892) N. 600 45' E.
9.95 CEAZNS TO THE PLACE OF BEGnUTING; AND BEING $ PART OF LOT 10 OF TEE
RSNOWDFM SUBDIV2SI0N, AS RECORDED IN BOOK "&", •PACE 51 OF MAPS;'!M TEE COUNTY
RECORDER'S OFFICE OF SAID COUN'i'Y OF SANTA CI,ARA; COURSES TRUE, .MA(;. YAR. 16. 30'
E. BEING =M SAME PREMISES GRANTS) TO TEE PRESIDENT AND BOARD OE4 TRUSTEES OF
SANTA CLARA COLLEGE BY J.B. RSNOWDEN, BY DEEP DATED JULY 6TH, 1892, OFF RECORD IN
LIBER •150 OF DEEDS; PAGE 94 ET SEQ. IN = COUNTY RECORDER'S OFFICE OF SAID
COUNTY OF SANTA CLARA, TO WHICH DEED AS T EIR RECORDED REFERENCE IS HEREBY
SPECIALLY MADE FOR DESCRIP'TION.OF SAID PREMISES.
ASSESSOR'S PARCEL NO, 544-30-002 (PORTIClN)
PARCEL 'CETRTEEN z
BEING THAT PORTION DESCRIBED IN CERTIFICATE of COMPLIANCE RECORDED ON MAY 1,
1385 IN BOOK J334, PAGE 1628 OF OFFICIAL RECORDS, DES(:RTBED AS •FOLLOWS:
M=N NING AT A STAR STAyDzy%-,, L"i THE NORTH I= OF SECTION SIX (6) , TOWNSHIP
NINE (9) SOUTH, RANGE ON- (1) WEST, MT. DIABLO BASE AM MERIDIAN, SAID STAKE
B .T G DISTANT TWM= (20) CHAINS EAST FROM A REDWOOD TRES 24 INCHES IN DATER,
BEIM- THE OFFICIAL 1/4 SECTION CORNER IN THE SAID NORTH LINE OF SECTION 6,
VICE ALONG SAID LAST DESCR-TBED SECTION LINE N. 690 45' E. 9.00
CHAINS TO A 2- X 3" STARE; THENCE NORTR 0.455 CHAINS, TO TEE CENTER LINE OF THE
C:3ASE ROAD; T jENCE RIINrNING ALONG THE CENTER LINE OF SAID ROAD, WITH TEE
FOLLOWT NG COURSES AND DISTANCES; N. 62` 35' W. 0.68 CHAINS; N. il' 1S' W- 1'51
CHAINS; N. 67• 40' W. 3.33 GAINS; N. 75' W. 1.06 CHAINS; N. 780, 30' W. 1.12
CHAINS; AND N. 7 4" -S 1' W. 1.745 CHAINS ELTC TO A POINT FROM W H A I Y 3 ZNCII
WITNESS STAKE BEARS SOUTH 8 •1/2 LINKS'DISTANT: THENCE 3.28 GAINS TO THE PLACE
OF BEGINNING; AND BEI2TG A PART OF LOT 12 OF THE RENOWDEN SUBDIVISION, RECORDED
IN MAP BOOK C, PAGE 51, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA
CLARA; COURSES TRUE, MAG. VAR. 16° 30' EAST.
BEING TEE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA
CLARA COLLEGE BY JOSEPH RENOWDEN, ET AL. BY DEED DATED AUGUST 17, 1892, OF '
RECORD IN LIBER ISO OF DEEDS, PAGE 496 ET SEQ. IN TEE COUNTY RECORDER'S OFFICE
OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RSCORDfD FIEFERSNCE IS
HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES.
ASSMSSOR'S PARCEL NO- 544-28-004 (PORTION)
ORT 3157-E
BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCHV27,
1985 IN BOOK %T303 PAGE 919 OF OFFICIAL RECORDS,. DESCRIBED AS FOLLOWS:
SWn=NG AT AN IROW PIPE 2-1/2 INC EMS IN DIAMETER ADD FOUR FEET LONG, SAID
VOINT OF HIGMINING BEING N. 64. 44` E. 1.17-1/2 OVUM FROM 'PEE SOG3Ti MST CORM
OF LOT KO. 11 OF THE RENOWDEN TRACT, AS RECORDED IN MAP BOOK C, PAW 51, RECORDS
OF SANTA CLARA COtJ=, CALIFORNIA; THENCE N. 69 5' E. 1.71-1/2 CH'AINS; S. 58e E.
1..9S CMNINS TO A STARE, FROM WHIC9 BEARS A MADRONE TWO FSBT IN DIAMETER 8. 58a
E. 3 I.XCS MARKED B.T.L.G.U.31 4BENC2; S. 700 W. 1.94 CHAINS TO THE PLACE OF
BEG11umm, BEING PART OF LOT 11 OF THE RENOWDEN TRACT AS RECORDED IN MAP BOOR C,
PAGE S3. RECORDS OF SANTA CLA&A COt1=, CALIFORNIA, AND BEING SI'I'CT = IbT SECTION
31, T.8•S.R. 1 W. M.D.M.
ASSESSOR'S PARCEL RO. 544-29-006
SD/Cl/Mw
A S44-28-4/544-29-6/544-30-2/544-31-2,3,4
S44-33,3,14/544-50-1
544-35-6
0RT 315T
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
c�
St�e�z€£�i€arsi�
State of Oregon sane ss.
County of
On may in 2nnn before me, nPhnrah T. R�rlr1Q11e?; Noxar� Public
Date Name and Title of Cfri 11(e.g.. Jane Doe.No a( l Public")
personally appeared Gregory Demers
Name(s)of Signerls)
Lid personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
�1 the entity upon behalf of which the person(s)
i acted, executed the instrument.
COMMS NO 062985
WY COMM MIR MAR21 W WITNESS my hand and official seal.
Jw
Place Notary Seal Above Signature of NotarigPublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: ..r -lO- 2000 Number of Pages:
Signer(s) Other Than Named Above: i✓1�
Capacity(ies) Claimed by Signer
Signer's Name:
= Individual Too of thumb here
Corporate Officer—Title(s):
Partner—= Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
0 1997 National Notary Assocation•9350 De Scto Ave..PO,Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827
Regional Open , _ ace
R-00-70
Meeting 00-13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 24, 2000
AGENDA ITEM 7
AGENDA ITEM
Award of Contract for Demolition of 14 Minor Structures t 5 Separate Sites, and Removal of Debris at
Bear Creek Redwoods Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS~-
1. Authorize the General Manager to enter into a contract with TKO Construction of Woodside in
the amount of$41,500 for the demolition of 14 minor structures at Bear Creek Redwoods Open
Space Preserve.
2. Authorize the General Manager to approve incremental change orders for TKO Construction in
amounts not to exceed a total of$12,000 ($53,500 total with base contract).
I
DISCUSSION
At your regular meeting on April 12, 2000, you authorized staff to solicit bids for the demolition of 14
minor structures at Bear Creek Redwoods Open Space Preserve (see attached map) and restore the sites
to a natural condition (see report R-00-08). You previously made the necessary findings to comply
with the California Environmental Quality Act (see report R-99-93). The Mitigation Monitoring
Program that was part of that finding contains several mitigation measures that are incorporated into the
contract documents for this project. These requirements include controlling dust, prohibiting airborne
release of asbestos, avoiding damage to archeological and paleontological resources, and controlling
noise associated with demolition.
The base bid was designed to address the demolition of certain dilapidated structures and removal of
debris. Staff determined that the removal of any hazardous materials should be completed prior to
demolition to reduce the risks, and therefore the costs, of the demolition contract. An inventory and
evaluation of hazardous materials found on the preserve was conducted by Sandy Gimbal Sommer,
consulting contract planner, and Foothills field staff. Arrangements are currently underway to dispose
of these materials, largely through the contracted services of Al Chem, Inc. Additionally, an asbestos
abatement contract with Precision Works, Inc. has already been completed. Since the initial site
inventory was compiled, several partial structures, including a building foundation and miscellaneous
piles of building debris have been discovered. The objective of the additional funds requested for
change orders is to clean up these additional sites, as well as to provide rudimentary access
improvements to the sites. The costs of these change orders will be determined by the applicable unit
prices, which were submitted by the contractor as part of the bid. Due to the nature of the project, this
method of controlling the work and budget was determined by staff to be the most cost effective. The
amount of the bid, and the anticipated change orders, are in line with staffs projected estimates for the
work, and accordingly, $54,000 was allocated for this project in the 2000-2001 FY budget.
A notice to bidders was advertised in the San Jose Mercury News on April 29, 2000. Copies of the
plans and specifications were given out to six potentially interested contractors.
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org '
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton
R-00-70 Page 2
A mandatory pre-bid meeting was held on-site. Five contractors attended. Sealed bids were due on
May 10, 2000. Four bids were received, which are summarized in the breakdown below, listed in
descending order of the amount of the base bid:
I
Ferma Corporation Mountain View, CA $88,000
Randazzo Ent. Inc. Castroville, CA $62,733
Mike Tobar Excavation Morgan Hill, CA $57,600
TKO Construction Woodside, CA $41,500
As a result, TKO Construction was selected on the basis of the lowest responsible base bid. Staff
recommends award of the contract to TKO Construction of Woodside in the amount of$41,500.
Anticipated change orders to this contract are not expected to exceed $12,000.
Staff is proceeding with obtaining the necessary demolition and associated permits for the project. If
the Board authorizes this proposed award of contract, a pre-construction meeting will be scheduled on
or about June 9, 2000. The project could begin as early as June 12, 2000. The demolition project is
estimated to last for approximately two weeks and be completed by the end of June. Depending on the
completion of site restoration (grading and seeding), staff anticipates returning to the Board by the end
of August to approve a Notice of Completion. Since Bear Creek Redwoods Preserve is open to permit
holders only, impact on visitors will be limited. Appropriate notification and precautions will be
enacted to insure public safety.
Prepared by:
John Cahill, Planner II
Graphics prepared by:
Sandy Gimbal Sommer, Consulting Contract Planner
Contact person:
John Cahill, Planner II
Bear&Vreek Redwoods Dqpnolitions EXHIBIT A
OU
1006
1400
1200 -- ,
"Creek
k Road
Cre 01
160 gear
0A
G bC
.� c 04
H IF
*+ ,-- , E
IL
J� •�� /Ma Co 1
,Ro41
/beO
Ir
Road � %
lez
_ Q feat
17
1 ,
200
18
1
j
A-Tripp Cabin and outbuildings 1
B- White Cabin (cabin north of 1 1 1
Tripp residence)and trailer
C- Radio Hill Cabin ----J
D- Red Agricultural shed 1 1
E- Old Tennis Court
F-Tiny shingled shack �y
G- Propane Tank
H-Wood paddock ?o
I- Collapsed handball court
J- Old trailer and tractor --
K- Wooden Shed IN
L- Steel Container and animal pen 1
bcoi - gate number
Regional Open . we
---------------------
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-66
Meeting 00-13
May 24, 2000
AGENDA ITEM �
AGENDA ITEM
Approval of Right of Way Contract for Caltrans EtencyRe irs to State Highway 35 at
Coal Creek Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
1. Authorize the General Manager to execute a Right of Way Contract with Caltrans for
temporary construction access to remove pavement and soil from District land adjacent
to State Highway 35 (Coal Creek Open Space Preserve).
DISCUSSION (see attached mad
At your meeting of May 26, 1999, you approved a Right of Entry for Caltrans to perform
emergency repairs to State Highway 35 (Skyline Boulevard) adjacent to Coal Creek Open
Space Preserve (see report R-99-73). The repair project involved the removal of soil and
pavement that was deposited on District land as a result of a highway slipout. This work was
completed by July 15, 1999 as specified in the Right of Entry. All repairs and slope
stabilization of the highway embankment were completed within the right-of-way of Skyline
Boulevard. This work included rebuilding and compacting the road embankment and the
installation of a 6-inch perforated drainage pipe at the toe of the slope. Staff was satisfied with
the clean-up and removal work performed by Caltrans on District land.
Caltrans has now issued a Right of Way Contract, which provides nominal consideration to the
District in the amount of$500 for the access to clean up and remove the soil and road debris
from District land.
Prepared by:
Michael C. Williams, Real Property Representative
Graphics prepared by:
Dennis Dart, Planning Technician
Contact person:
Michael C. Williams, Real Property Representative
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
FOOTHILLS PARK
City of Palo Alto
(Open to Palo Alto
as Residents Only)
0.1
V
.(RR07) 1
` \ 0.8
■ /
Barn 2000 1400
CD
0.2 2200 \
Mt.Melville lao�o � 1600
�I 0.5 COAL K CRE
2zooR OP SPACE
�� (cco4) PRESERVE
2000
1.2
eTrarl 2�1 rCi +��\ Y�
0.4
kl
2400
1800
7, noo 0.2 � k%y � JECT
LOCATION
1600 (RR05) 0.5 SJ / ✓
�. 0.5 i
0.6 Q'y� 2400 "'•.Vista Point a
OArai/ ,
2000
(RR01)
®\\1
0.7 erSp
0.5 (CC03j
9�a �,1syil k P Meadow�`a` 0.8
1.o Bo > Q
s,
0.3 0.5 apa 2200 (J 804)MONTE\
f 0.3 ~�'� (n+R05) BELLO
/ Boreilll '! OPEN
H
-2572' L 0.3 SPACE
D•3 (ccol) P-R�E�SSERR�VE
RUSSIAN RIDGE, �a;
OPEN-SPACE Ridge ail
e Srai/'.. 0.2 0.5
1600 PRESERVE o.a�' 0.5 0.3
zzoo pncient�d��
p.lpine R 2400
0.3 Oad
Cr'• 2000 �\ ,
0.2
0.1
1.0 (RR02) I_d
1.0 0 0.2 y'SROS))
0.1 0.1 !,'u
M"'a'ego ,goo SKYLINE'RIDGE Alpine:
'.
'` R'dgeTral/ \ OPEN SPACE Pond
PRESERVE/
a
16bo _
(4
to •. � v.
1200 Alpine Creek -
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0
One Mile )
11/98 EXHIBIT A: PROJECT LOCATION
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TEMPORARY EASEMENT
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-4(Rev.6/95)
San Mateo California 04 SM 35 4.4 1S5209
Dist Co Rk t—e— Post Exp Auth
December 9 '19 99
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT Grant—or
THIS DOCUMENT NO. 57177 in the form of a TEMPORARY EASEMENT, covering the property
particularly described in Clause below has been executed and delivered to NOEL SANTILLAN
Right of Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
1. The parties have herein set forth the whole of their agreement. The performance of this agreement
constitutes the entire consideration for said document and shall relieve the State of all further
obligation or claims on this account, or on account of the location, grade or construction of the
proposed improvement.
2. The State shall pay the undersigned grantor(s) the sum of $ 500.00 , including interest for this
Temporary Easement.
It is agreed and understood that State's valuation of the subject property located at P.M. 4.4 on Hwy.
35 is based upon a Market approach. The valuation is segregated as follows:
Land/Improvements $ Nominal
Damages $ — 0.00
The approximate amount of land being acquired is 7,900 sq. ft. as Temporary Construction Easement.
3. Permission was granted the State or its authorized agent to enter upon grantor's land where necessary
within that certain area shown outlined in red on the map marked Exhibit "A" attached hereto and
made a part hereof, for the purpose of repairing a slide along the shoulder of Highway 35. The work
involved removal of failed material, digging a key into good material, installing drainage
improvements and rebuilding the embankment with geosynthetic reinforcement.
4. It is agreed and confirmed by the parties hereto that notwithstanding any other provision in the
contract, the right of possession and use of the subject property by the State, including the right to
remove and dispose of improvements, commenced on May 31, 1999, and that the amount shown in
Clause 2 herein includes, but is not limited to, full payment for such possession and use, including
damages, if any and interest from said date.
-his Temporary Easement terminated on July 15, 1999.
6. The undersigned grantor(, arrant(s) that they are the owner(s) i, : simple of the property affected
by this Temporary Easement as uescribeui In Clause 4 above alit; liiai iilc j iia'�G iiiG l n%lt:�,'�'� r,biit ::.
grant this Temporary Easement.
7. In consideration of the States waiving the defects and imperfections in all ::ratters of record title, the
undersigned grantors) covenant and agree to indemnify and hold the State of California harmless from
any and all claims that other parties may make or assert on the title to the premises. The grantor(s)'
obligation herein to indemnify the State shall not exceed the amount paid to the grantor(s) under this
contract.
8. State agrees to indemnify and hold harmless grantor(s) from any liability arising out of State's
operations under this agreement. State further agrees to assume responsibility for any damages
proximately caused by reason of State's operations under this agreement and State will, at its option,
either repair or pay for such damage.
9. Grantor(s) Nvarrant(s) that there are no oral or written leases on all or any portion of the property
exceeding a period of one month, and the grantor(s) agree(s) to hold State harmless and reimburse
State for any and all its losses and expenses occasioned by reason of any lease of said property held by
am• tenant of Rrantor for the period exceeding one month.
10. This transaction will be handled through an internal escrow by the State of California, Department of
Transportation, District 04 Office, P.O. Box 23440, Oakland, California 94623-0440.
In Witness Whereof, the Parties have executed this agreement the daN and year first above written.
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
By
L. Craig Britton
General Manager
Grantor
Recommended for Approval:
By STATE OF CALIFORNIA
NOEU§ANTILLAN Department of Transportation
Right of Way Agent
R/W Acquisition Services
By By
SUZANN GOODHUE R.A. MACPHERSON
Associate Right of Way Agent District Division Chief
R/W Acquisition Services Right of Way
By r
BARBARA J. WEBB
District Branch Chief
R/W Acquisition Services
No Obligation Other Than Those Set Forth Herein Will Be Recognized
•i•. I D I ST.I COUNTY I ROUTE I .Tr'
04 SY 35 4.4 - �qu I
r p areas _ Recordation
Te Stcte p/C:1 tfc^Ic or its:'•Icars cr agents seal
>. Per-cel 0.� ks net be r.eCIX!S IE I.tan the CCCW oY tr eapI tene_C C.
Grantor Total R/W Rem. Excess .e,7 1 Instr Date Book or Page or e,etrxlp.:,I,:aft,l.pi-".t.
No. Reel Image
Ownership
42469-1 Charles T. &G,eY et cl. INDEF. 0.363 a: INDEF. 01-27-71 5889 249
o
5T177-1 Nldpeninsula Reglonai 154.07 Ac. D 1 I54.07 Ac. 7,900;q.Ft. TCE terminating: 7/15/54
I i I I
W
N
a
[] 7.66 24- Ca CCIed W-I Pipe
49' IanC. I 'L' i.:
Y
x r 5717T
� ae
5.06_47'
Z Is00•F - `711.90 6"x I56' Serer Pipe'
J 41.y�Caa t6" 'a. NB5'41'27•E 105,95' 8i TCE W.
27.'QO• 4 N44.77'36-V
> 30,; !rm , Ter-DlnCe 12-31-99 fl
` J 716-50 to 321•C0� S. 335-99 13"Cpr_gc:.e Ye:a l P:pe
w.oo• •I 77- ,I 42.5 ft. IGtO. 'v ll cn at.�571 Nc
427' at Drain L se•e�Pipe !g 6" x 480' Serer pipe se]'si'00'[ ' n�
535.!.g R•915' 15.00•
+o•J' l•80.62, sn•as'op1` CO
oo•
JOE 4•� g �•5.03'39• 295.92' 1` 663-55.00-E g- ni
s fig. 563'55'00"E 315.40' I 371-70 15"C0rr�0atec Nptcl Pipa �:
JO, •1 4 w 363.55'00"E 97.5 ' wnG, 1 S-a. Neccr:l I�
a s_ YV I I 9".5�•I_:C, • \•1 L•.6 y 'I R'1050•—'y.�'� •A' L=l m
C. 00l , - R•25ClTIi.32 •' " OI.00'
I SIC. 6 ! 4 n.1 2.5_•30'I L.
566,R7/•f4•21•C6'43" 1 330 t S2 -
`I r. 5-71 re 73.2P
S.
1 ?'.. „_S •j 55i•47•
vl I n!a, r_31.5'elcna,.1 Std.•H.-III I pn at.
ml b"x Sere Plpe
> 318-00 Sta. CCttle F:e e'iN —
W r1I n
SCiLE
W 1 p pp 2pa 7p0
a
0
X
CJ
.w al
W
STATE OF CALIFORNIA
BUSINESS. TRANSPCRTATION. AND MOUSING AGENCY
DEPAR,.ENT OF TRANSPORTATION -
o RIGHT OF WAY MAP
NNo
> •t A-877. 6
' S,Ao1`+nt+y In1evatlan svY a PM.Ine4 tra.tM
Dl strlert a.tlu.5�Ye Ie'meN>Rl pnf of fa)[lglrwerl n0
Xmc- 111 araa r e.Ocxl T.Cel lteTl.
• W m �_
C
C Lam„ 11 1C:555 rRaNl Blio
-------------
E.A.IS5202 NA Ca . I ROOTS 1 1 C'•`' C `�r�
RA r.3,G4e MT.s a-ve I W 35 1 4.4 1 _._.
Regional Open !. .ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-75
Meeting 00-13
May 24, 2000
AGENDA ITEM 9
AGENDA ITEM
Approval of Increased Liability Insurance Limits for Fiscal Year 2000-2001 at a Cost Not to Exceed
$24,000
GENERAL MANAGER'S RECOMMENDATION
Authorize increase of the insurance limits for Umbrella Liability and Public Officials Liability for fiscal
year 2000-2001 and authorize the expenditure of no more than $24,000 for the required premium.
DISCUSSION
At your meeting of March 22, 2000, you approved the property and general liability, auto, umbrella
liability, fidelity bond,and public entity errors and omissions insurance bid totaling$198,303 from Thoits
Insurance,the District's insurance brokers, for the period April 1, 2000 through March 31, 2001 (see
Report R-00-40). In light of recent complex acquisitions, additional acreage, and increased use of District
sites that could potentially increase District exposure to liability claims, General Counsel, S. Schectman,
and I recommend that our umbrella liability and public officials liability insurance be increased to reflect
the limits typically carried by other agencies in the region. As a result,we asked Thoits Insurance to secure
bids for increasing the District's umbrella liability limits from $5 million to$10 million ($3,750 per year).
and increase the public officials liability limits from$1 million to$5 million ($20,375 per year). The total
premium increase amount of$23,945 will be prorated for the remainder of the District's fiscal year, based
upon the date liability limit increases are put in place. In this very litigious climate, we feel that this
proposed increase in liability insurance expense is warranted. In discussions with Skip McIntyre of Thoits,
I'm convinced that this increase is not only prudent, but also that the increase in the insurance premium is
fair and reasonable. I am not asking for a budget augmentation at this time, as there may be other budget
categories, such as salaries and benefits,that will be under-spent. A budget adjustment would be
considered further at the midyear review of the budget with the Board Committee.
Prepared by:
L. Craig Britton, General Manager
Contact person:
Deirdre Dolan, Administration and Human Resources Manager
330 Distel Circle e Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
Regional Open . we
1
R-00-68 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-13
May 24, 2000
AGENDA ITEM 10
AGENDA ITEM
Authorization to Purchase Four (4)Truck Bodies
GENERAL MANAGER'S RECOMMENDATION
f
Authorize the General Manager to execute a purchase contract with Universal Truck Equipment
for four(4) truck bodies at a total cost of$14,289.
DISCUSSION
At your April 26, 2000 meeting,you authorized staff to solicit competitive bids for four(4) truck
bodies (see report R-00-51).
After finalizing specifications, staff solicited competitive bids from truck body dealers. Staff
sent packets directly to four dealers and placed a notice in the San Jose Mercury News. The
following three bids were received:
1) Universal Truck Equipment $14,289.00 (including tax)
2) Mission Valley Ford $18,675.16 (including tax)
3) Kitterman Truck Body $16,537.47 (including tax)
Universal Truck Equipment's bid met the District's specifications and was the lowest responsible
bidder. Universal Truck Equipment has submitted bids for District truck bodies in the past, but
was never the lowest responsive bidder. Other local government agencies have purchased utility
bodies from Universal Truck Equipment and have been very satisfied with the quality of the
product.
The approved fiscal year 2000-2001 budget includes $16,000 for the purchase of these truck
bodies. The bodies will be installed on four new patrol trucks that were ordered in March 2000.
Prepared by:
David Topley, Support Services Supervisor
Contact person:
Same as above
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd®openspace.org a Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . Genera!Manager:L.Craig Britton
Regional . is
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-73
Meeting 00-13
May 24,2000
AGENDA ITEM 11
AGENDA ITEM
Substitution of Director Crowder for Director Siemens to Serve on the Board Appointee Evaluation
Committee
PRESIDENT'S RECOMMENDATION
Approve my appointment of Director Crowder to substitute for Director Siemens as a member of the
Board Appointee Evaluation Committee for the balance of the calendar year.
DISCUSSION
Section 1.80-.82 of our Rules of Procedure calls for the Board President to appoint Board members to
existing standing and ad hoc committees,with the consent of the Board.
At our meeting of January 26, 2000, you ratified my committee appointments for calendar year 2000.
Subsequently, Director Siemens was on vacation during the month of April when the Board Appointee
Evaluation Committee, relative to the evaluation process, met on several occasions with District staff,
who had concerns about employee morale. In order to provide continuity for the performance evaluation
of the Board Appointees, I recommend that Director Crowder replace Director Siemens on the Board
Appointee Evaluation Committee for the balance of the calendar year.
Prepared by:
L. Craig Britton, General Manager
Contact person:
Ken Nitz, President
I
i
330 Distel Circle . Los Altos, CA 94022-1404 Phone: 650-691-1200
FAX:650-691-0485 . E-mail:rrtrosd@openspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko, Betsy Crowder, Kenneth C. Nitz w General Manager:L.t raig Britton
BOARD OFFICERS—2000
President—Ken Nitz
Vice-President—Pete Siemens
Treasurer—Mary Davey
Secretary—Betsy Crowder
BOARD COMMITTEES—2000
* non-compensable
STANDING COMMITTEES AD HOC COMMITTEES
Administration and Budget Board Appointee Evaluation
• Jed Cyr • Betsy Crowder*
• Mary Davey • Jed Cyr
• Pete Siemens • Ken Nitz
Legislative,Finance and Public Affairs Operations Program Review
• Mary Davey • Jed Cyr
• Nonette Hanko • Nonette Hanko
• Deane Little • Pete Siemens
Use and Management * Corte Madera Trail
• Betsy Crowder • Jed Cyr
• Jed Cyr • Betsy Crowder
• Pete Siemens • Deane Little
Acquisition and Enterprise Trails/Wilderness Policy
• Betsy Crowder • Betsy Crowder
• Nonette Hanko • Nanette Hanko
• Deanne Little • Deane Little
• Alternate: Jed Cyr
Coastal ??
• Betsy Crowder
• Mary Davey
• Nonette Hanko
• Alternate: Ken Nitz
* Ridge Trail Representative
• Mary Davey
** Substituted for Pete Siemens on May 24,2000.
Claims No. 00-10
Meeting 00-13
Date: May 24, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1879 171.12 Acme&Sons Sanitation Sanitation Services
1880 75.00 ADT Security Services Alarm Services
1881 227.58 All Laser Service Printer Maintenance and Repairs
1882 395.00 American Management Association Seminar--B. Congdon
1883 40.08 AT&T Telephone Service
1884 19.46 The Bicycle Outfitter Bicycle Patrol Equipment
1885 2,989.40 Biotic Resources Group Sierra Azul Resource Management
1886 75.00 Camino Medical Group Medical Services
1887 219.84 Cellular One Cell Phone Services
1888 675.23 Compurun Systems Computer Consultant Services
1889 48.71 Contemporary Engraving Name Plate Engraving
1890 754.00 Co. of Santa Clara Dept. of Environmental Health Fuel Permits
1891 57.44 CSK Proshop/Kragen Vehicle Repair Parts
1892 1,367.78 D&M Consulting Engineers, Inc. Bridge Project-Thornewood O.S.P
1893 3,990.00 First American Title Company Escrow&Title Services
1894 154.75 Foster Brothers Security Systems, Inc. Field Supplies
1895 751.54 Forestry Suppliers, Inc. Forest Monitoring Supplies
1896 55.21 G&K Services Shop Towel Service
1897 103.21 Hanson Permanente Cement, Inc. Restroom Installation--Sand
1898 146,28 Hengehold Motor Co. Inc. Van Rentals-FOOSP House Tours
1899 716.99 Home Depot Field Supplies
1900 40.02 Hyster Sales Equipment Part
1901 238.23 Jodi Isaacs Vehicle Expense
1902 27.07 Javelco Equipment Service, Inc. Equipment Part
1903 147.20 Jobs Available Recruitment Advertisement
1904 87.00 *1 Mary Anne King Reimbursement--Board Room Skirt Dry Cleai
1905 278.51 Kinko's Copy Services
1906 151.69 Lab Safety Supply Field Supplies
1907 697.93 Langley Hill Quarry Baserock
1908 1,415.09 Lanier Worldwide, Inc. Copier Leases and Supplies
1909 311.06 Life-Assist, Inc. First Aid Supplies
1910 131.02 Los Altos Garbage Company Dumpster Service
1911 447.61 Lucent Technologies Telephone Lease
1912 179.00 Magana's Building Maintenance D.0 Building Maintenance
1913 97.34 Paul McKowan Vehicle Expense
1914 184.59 MetroMobileCommunications Radio Microphone
1915 179.70 Jennifer Menk Reimbursement--Uniform Boots
1916 84.80 MCI Telephone Service
1917 1,678.17 Micro Accounting Solutions Computer Consultant Services
1918 28.53 Minton's Lumber&Supply Field Supplies
1919 653.27 Moffett Supply Company Janitorial Supplies
1920 56.35 National Fire Fighter Corp. Fire Pumper Parts
1921 107,500.00 North American Title Company Lee Acquisition
1922 41.24 Northern Energy Propane Tank Service
1923 5,800.00 *2 Navarone Industries, Inc. Mailing Services
1924 596.30 Office Depot Office Supplies
1925 1,000.00 *3 Old Republic Title Company Acquisition Deposit
1926 1,332.23 Orchard Supply Hardware Field Supplies
1927 t,469.5()- Pacific Bell Telephone
1,479.40
Page 1
Claims No. 00-10
Meeting 00-13
Date: May 24, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1928 289.66 Panko Architects Diesel Circle Remodel--Architect
1929 265.28 PIP Printing Printing Service
1930 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
1931 582.55 Pringle Tractor Co. Tractor Servicing
1932 6.26 Rancho Hardware Field Supplies
1933 72.26 Rayne Water Conditioning Water Service
1934 257.68 R. E. Bortmann's Steel Co. Sign&Gate Materials
1935 583.01 Redwood General Tire Co., Inc. Tires
1936 1,880.90 Eric Remington Wildlife Assessment Services
1937 2,160.00 Reliable Crane&Rigging Restroom Installation Project
1938 70.08 Rich's Tire Service Tire Repair Service
1939 2,263.75 Roy's Repair Service Vehicle Maintenance&Repair
1940 674.16 San Francisco Newspaper Agency Recruitment Advertisement
1941 795.07 San Jose Mercury News Bid&Negative Declaration Advertisement
1942 1,250.00 *4 Santa Clara County Clerk Filing Fee Extension
1943 1,000.00 Saratoga Springs Staff Event Reservation Deposit
1944 61.70 John Shelton, Inc. Drain Pipe
1945 339.73 Shell Oil Company Fuel
1946 114.35 Signs of the Times Signs
1947 67.08 Skyline County Water District Water Service
1948 1,200.00 Slaght Living Trust Employee Residence Rental
1949 750.00 M-NCPPC Special Parks District Forum 2000 Registration--L.C.Britton&K. Nitz
1950 357.37 Speedy Auto&Window Glass Vehicle Glass Replacement
1951 325.84 Summit Uniforms Uniforms
1952 1276.32 Target Specialty Products Grassland Project Materials
1953 759.07 Therma Corp. HVAC Service Repair
1954 300.00 Grant Thornton, LLP Auditor Archival Fees
1955 44.20 Titan Rubber&Supply Co. Inc. Diesel Tank Hose
1956 530.00 TKO Construction Restroom Installation Project-Purisima
1957 8.25 Union 76 Fuel
1958 3559.24 United Rentals Equipment Rentals
1959 29.85 *5 UPS Parcel Post Service
1960 78.24 University of CA Press Journals Resource Documents
1961 225.00 Verio Internet Service
1962 2295.51 Visa 304.54-Field Supplies
574.74- Dumpster Service
465.75 -Training&Seminars
21.29-Business Meeting Expense
681.23 -Enterprise Rental Appliance
80.14- Resource Documents
133.00-Chamber Membership
34.82 -Office Supplies
1963 412.36 West Group Payment Center Legal Law On-Line Services
1964 129.03 Mike Williams Vehicle Expense
1965 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Services
1966 118.85 Wolf Camera Photo Processing Services
1967 600.00 Roberta Wolf Recording Services
Page 2
Claims No. 00-10
Meeting 00-13
Date: May 24, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1968R 12.08 AT&T Telephone Service
1969R 266.25 West Group Legal Law Subscription
1970R 153.21 Petty Cash Local Business Meeting Expense, Film
and Developing, Office and Field Supplies
In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued May 17, 2000
*2 Urgent Check Issued May 15, 2000
*3 Urgent Check Issued May 18, 2000
*4 Urgent Check Issued May 11, 2000
*5 Urgent Check Issued May 17, 2000
TOTAL 165,986.10
Page 3
Claims No. 00-10
Meeting 00-13
Date: May 24, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1879 171.12 Acme&Sons Sanitation Sanitation Services
1880 75.00 ADT Security Services Alarm Services
1881 227.58 All Laser Service Printer Maintenance and Repairs
1882 395.00 American Management Association Seminar--B. Congdon
1883 40.08 AT&T Telephone Service
1884 19.46 The Bicycle Outfitter Bicycle Patrol Equipment
1885 2,989.40 Biotic Resources Group Sierra Azul Resource Management
1886 75.00 Camino Medical Group Medical Services
1887 219.84 Cellular One Cell Phone Services
1888 675.23 Compurun Systems Computer Consultant Services
1889 48.71 Contemporary Engraving Name Plate Engraving
1890 754.00 Co. of Santa Clara Dept. of Environmental Health Fuel Permits
1891 57.44 CSK Proshop/Kragen Vehicle Repair Parts
1892 1,367.78 D&M Consulting Engineers, Inc. Bridge Project-Thornewood O.S.P
1893 3,990.00 First American Title Company Escrow&Title Services
1894 154.75 Foster Brothers Security Systems, Inc. Field Supplies
1895 751.54 Forestry Suppliers, Inc, Forest Monitoring Supplies
1896 55.21 G&K Services Shop Towel Service
1897 103.21 Hanson Permanente Cement, Inc. Restroom Installation--Sand
1898 146.28 Hengehold Motor Co. Inc. Van Rentals-FOOSP House Tours
1899 716.99 Home Depot Field Supplies
1900 40.02 Hyster Sales Equipment Part
1901 238.23 Jodi Isaacs Vehicle Expense
1902 27.07 Javelco Equipment Service, Inc. Equipment Part
1903 147.20 Jobs Available Recruitment Advertisement
1904 87.00 *1 Mary Anne King Reimbursement--Board Room Skirt Dry Clem
1905 278.51 Kinko's Copy Services
1906 151.69 Lab Safety Supply Field Supplies
1907 697.93 Langley Hill Quarry Baserock
1908 1,415.09 Lanier Worldwide, Inc. Copier Leases and Supplies
1909 311.06 Life-Assist, Inc. First Aid Supplies
1910 131.02 Los Altos Garbage Company Dumpster Service
1911 447.61 Lucent Technologies Telephone Lease
1912 179.00 Magana's Building Maintenance D.0 Building Maintenance
1913 97.34 Paul McKowan Vehicle Expense
1914 184.59 MetroMobileConimunications Radio Microphone
1915 179.70 Jennifer Menk Reimbursement--Uniform Boots
1916 84.80 MCI Telephone Service
1917 1,678.17 Micro Accounting Solutions Computer Consultant Services
1918 28.53 Minton's Lumber&Supply Field Supplies
1919 653.27 Moffett Supply Company Janitorial Supplies
1920 56.35 National Fire Fighter Corp. Fire Pumper Parts
1921 107,500.00 North American Title Company Lee Acquisition
1922 41.24 Northern Energy Propane Tank Service
1923 5,800.00 *2 Navarone Industries, Inc. Mailing Services
1924 596.30 Office Depot Office Supplies
1925 1,000.00 *3 Old Republic Title Company Acquisition Deposit
1926 1,332.23 Orchard Supply Hardware Field Supplies
1927 1,469.30 Pacific Bell Telephone
Page 1
Claims No. 00-10
Meeting 00-13
Date; May 24, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1928 289.66 Panko Architects Distel Circle Remodel--Architect
1929 265.28 PIP Printing Printing Service
1930 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
1931 582.55 Pringle Tractor Co. Tractor Servicing
1932 6.26 Rancho Hardware Field Supplies
1933 72.26 Rayne Water Conditioning Water Service
1934 257.68 R. E. Borrmann's Steel Co. Sign&Gate Materials
1935 583.01 Redwood General Tire Co., Inc. Tires
1936 1,880.90 Eric Remington Wildlife Assessment Services
1937 2,160.00 Reliable Crane&Rigging Restroom Installation Project
1938 70.08 Rich's Tire Service Tire Repair Service
1939 2,263.64 Roy's Repair Service Vehicle Maintenance&Repair
1940 674.16 San Francisco Newspaper Agency Recruitment Advertisement
1941 795.07 San Jose Mercury News Bid& Negative Declaration Advertisement
1,250.00 *4 Santa Clara County Clerk Filing Fee Extension
1942 1,000.00 Saratoga Springs Staff Event Reservation Deposit
1943 61.70 John Shelton, Inc. Drain Pipe
1944 339.73 Shell Oil Company Fuel
1945 114.35 Signs of the Times Signs
1946 67.08 Skyline County Water District Water Service
1947 1,200.00 Slaght Living Trust Employee Residence Rental
1948 750.00 M-NCPPC Special Parks District Forum 2000 Registration--L.C.Britton&K. Nitz
1949 357.37 Speedy Auto&Window Glass Vehicle Glass Replacement
1950 325.84 Summit Uniforms Uniforms
1951 1276.32 Target Specialty Products Grassland Project Materials
1952 759.07 Therma Corp. HVAC Service Repair
1953 300.00 Grant Thornton, LLP Auditor Archival Fees
1954 44.20 Titan Rubber&Supply Co. Inc. Diesel Tank Hose
1955 530.00 TKO Construction Restroom Installation Project-Purisima
1956 8.25 Union 76 Fuel
1957 3559.24 United Rentals Equipment Rentals
1958 29.85 *5 UPS Parcel Post Service
1959 78.24 University of CA Press Journals Resource Documents
1960 225.00 Verio Internet Service
1961 2295.51 Visa 304.54-Field Supplies
574.74-Dumpster Service
465.75 -Training&Seminars
21.29-Business Meeting Expense
681.23 - Enterprise Rental Appliance
80.14-Resource Documents
133.00-Chamber Membership
34.82-Office Supplies
1962 412.36 West Group Payment Center Legal Law On-Line Services
1963 129.03 Mike Williams Vehicle Expense
1964 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Services
1965 11895 Wolf Camera Photo Processing Services
1966 600.00 Roberta Wolf Recording Services
Page 2
Claims No. 00-10
Meeting 00-13
Date: May 24, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued May 17, 2000
*2 Urgent Check Issued May 15, 2000
*3 Urgent Check Issued May 18, 2000
*4 Urgent Check Issued May 11, 2000
*5 Urgent Check Issued May 17, 2000
TOTAL 164,075.15
Page 3
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
From: C. Britton, General Manager
Date: May 24, 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
cIARA
FhiE DEPARTMENT
FIRE '� SA NTA CL.AKA COUNTY
., 14700 Winchester Blvd., Los Gatos, CA 95032-1818
COURTESY 6 SERVICE (408) 378-4010(phone) • (408) 378-9342 (fax)
May 18, 2000
Mr. Gordon Baillie, Operations Analyst/Court Liaison
Mid Peninsula Regional Open Space District
330 Distel Court
Los Altos, CA 94022-1404
Dear Mr. Baillie:
After careful consideration of the recent unfortunate events involving
prescheduled burns in the State of New Mexico, the Santa Clara County Fire
Department has chosen to cancel the training burn at Ranch de Guadalupe
scheduled for June 2, 2000.
The decision was made taking into consideration the proximity of the site to area
residences, the 30 day suspension of prescheduled burns on federal lands, past
significant fire loss in the Los Gatos Lexington Basin area, and public perception
of current events.
We value our working relationship and apologize for any inconvenience this
action may cause the Mid Peninsula Open Space District. We look forward to
working with you on future projects.
Sincerely,
Kenneth L. Waldvogel
Deputy Chief/Training Division
KLW:jh
c: Chief Sporleder
Captain Salazar
A California Fire Protection District serving Santa Clara County and the communities of
Campbe::. Cupertino. Los Altos. Los Altos Hills. Los Gatos. Monte Sereno. Morgan Hill, and Saratoga
Elizabeth A. Harper
50 Joaquin Road
Portola Valley, CA 94028 n E C E 7
May 15, 2000 L-1
lS
L!
�1��D,TEN-HNSULA REGIONAL OPEN
C. CE nT,;!CT
Midpeninsula Open Space District
330 Distel Circle
Los Altos,CA 94022-1404
Dear Board Members:
Thank you very much for your recent,extended discussion regarding the repair work that is proposed to
continue on Alpine Road in Portola Valley. As a long time supporter of the District's acquisition and
preservation of open space I frequently enjoy the many trails that have been provided.
I would,however,like you to consider a very critical element to your continuing deliberation on the status
of Alpine Road repairs and its impact on a 1/3 mile section of Open Space District property.
At the end of the currently passable portion of this road are the communities of Vista Verde and Los
Trancos Woods,which are not incorporated into Portola Valley and are in addition to the eleven or so
families in Portola Valley affected by this project. However,these residents,of which I am a member,are
probably the most frequent users of Alpine Road. Our only other access is by way of Los Trancos Road
which has been in a state of repair for over a year with frequent closures and traffic delays. And before its
current reconstruction there have been times when it has been flooded and closed in the jurisdiction
supposedly maintained by Palo Alto.
Therefore, I'm sure you can,appreciate Alpine Road's value to the residents of these communities. Not
only do we need access and egress in the event of fire in the dry season,but we need it in all other seasons
in case of medical emergencies.
It has been suggested by some that Rapley Trail would be a suitable road to use for such purposes.
However, Rapley Trail,besides being private property,has been closed for several years due to a
landslide. One can not drive up this trail to get to the Skyline. And,even if were open, in a medical
emergency it would take a minimum of 40 minutes longer just to get to the Valley floor before driving
further to a medical facility.
So, I would urge you to allow the Town of Portola Valley to continue its planned repair of Alpine Road in
a timely fashion. Please place value on the safety and lives of humans as well as on fish,plants,and
animals in your deliberations.
Sincerely,
Elizabeth A. Harper
Please include this letter in the minutes of your
meeting.
Page I of I
Craig Britton
From. MROSD <rn,osd@open space,org>
To: Craig <cbritton@openspace.org>; JohnE <jescobar@openspace.org>; Gordon
<gbaillie@openspace.org>
Sent: Saturday, May 20, 2000 9:54 AM
Subject: Fw: Against MROSD Operation and Mg't of Rancho San Antonio
Kristi Webb
Public Affairs Assistant
Midpeninsula Regional Open Space District
(650) 691-1200
www.openspace.org
,
----- Original Message -----
From: <BElkins58Ca�wl.com>
To: <mrosdC(0penspace.org>
Sent: Sunday, May 21, 2000 5:31 PM
Subject: Against MROSD Operation and Mgt of Rancho San Antonio
> I am an avid park user, and would like to see the COUNTY run their own
parks,
• all on an equal basis, even if that means a fee for park users. If you
• exempt this park you will cause the county's heaviest used park to become
• unbearable. Instead of getting away from the crowds, you will drive more
• crowds to this park, which is already suffering from overuse, trail
erosion
> check out the ugly vertical trail on the watertank hill- is THAT an
approved
> trail?!), and increasing litter in the back trail areas.
> This is a wealthy area, and a yearly fee, or use pass could be priced
at
> not much more than a single trip to Great America. I would gladly pay
it,
> and so would my wealthy friends, who do not need a subsidy- and for lower
> income families, give them a break on the rate. So please, let the county
> raise some money through a user fee and pump the money back into the
parks!
> Thanks, Barry Elkins
5/22/00
05/23/2000 06:17 6509690380 PAGE 01
Friedemann Freund
Hisako Matsubara
986 Leonello Ave.
Los Altos, CA 940Z4
Tel. (650) 969-9780
Fax (650) 969-0380
Ms. Mary Davey
Fax 6.50 84.1-t)ER26
RE: Midpeninsula Regional Open Space District
May 23,20W
Dear Ms. Davey,
We learned that the"District"will discuss tomorrow,Wednesday evening,suggestions to
introduce an entrace fee for all users of the Rancho San Antonio park. We cannot attend.
We are nearly daily visitors to the park and view it as one of the great resources that we
enjoy in l.o� Altos. We think the idea of gates all around and of toll booths is utterly bad.
Because of the associated personnel costs it also most likely very cost-ineffective.
If die fini+ricial situation of the"Distnet" is so bad(it shouldn't be,considering the flurry of
house sales and the connected increase in the property and school tax base for all cities),
we propose the following alternative:
Place friendly requests for donations with pre-addreaaed return envelops on the windshields
of all parked cars. Do this several times during the yyear. Trust your citizens. Imitate Public
Radio. We would be glad to occasionally chip in$$$to support the Open Space.
Sincere) v_ours.
Friedemann Freund and Hisako Matsubara
Is U t
rM
rp
Y 2 3
To whom it ma concern: SUTA REGIONAL N
y ACE DISTRICT
We the undersigned are writing this letter to show our concern about
the damage done by wild pigs in the local parks of the greater San
Francisco and Monterey Bay Areas. Large herds of wild pigs are
rooting extensive areas in our County, Open Space, State, and National
Park areas, as well as on private lands. They dig for roots and grubs,
eating any small animals they may find as well. This destruction is
evident on grassy meadows and hillsides as well as woodlands and
redwood forests. They destroy the natural vegetation, allowing weeds
to move in, and cause erosion and siltation of creeks from water
runoff.
We urge all agencies, County, State and National Parks, the Fish and
Game Agency, Water Districts, and Open Space Districts to develop a
coordinated program for eradicating these non-native animals from our
public and private lands. They should not be protected as game
animals.
70
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(S
Regional Open we
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 24, 2000
«FirstName» «LastName»
«Company>
«Addressl»
«City>, «State» «PostalCode»
i
Dear «FirstName» «LastName»,
Thank you for your letter regarding review of the District's Trail Use Policy. Your letter will
be included in the Board packet at this evening's regularly scheduled Board meeting.
At a special public meeting on May 22, 2000, after deliberating the issue and hearing from
many members of the public, the Board voted to tentatively adopt the amendment to close seven
preserves to access by mountain bicycles. A final reading of this matter will take place at the
Board's meeting of July 12, 2000.
Sincerely,
L. Cra
ig ag Britton
General Manager
LCB:ak
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 « Ceneerat Manager:L.Craig Britton
(650) 604-1460
Uay 19 2000
Midpeninsula Regional Open Space District
p Ec� C� od �
330 Distel Circle
Los Altos, CA 94022-1404
Dear Sir or Madam: MIDPENSPACEADISGRjC AL OPEN
I am very concerned about the proposed closure of some of the
Midpeninsula Regional Open Space District trails to mountain bike riders. I
would rather you expand access than decrease it. So please do not close
any more trails. But if you do close these trails, I would feel much better
about the closures if at the same time you close some trails you would open
an equal number of trails. You could build or allow some other group to
build an equal number of miles of trails to the trails you are removing from
those available to mountain bikers.
I enjoy riding the trails with my friends and with my young children.
Riding the trails is one of my favorite activities and I hope to continue it for
as long as I can.
Sincerely,
Dr. Michael J. Schuh
SciEnTec
1 6 3 0 E l m h u r s t D r i v e L o s A I t o s C A 9 4 0 2 4
f _
San Mateo County Horsemen's Association (SMCHA)
P. O. Box 620092
Woodside CA 94062
650-568-1045
May 17, 2000
D
I �
Board of Directors
Mid-Peninsula Regional Open Space District VOPENINSULA REGIONAL OPEN
330 Distel Circle SPACE DISTRICT
Los Altos CA 94022-1404
Re: 1) May Hearing on Bikes Trail Closures in Some OSPs
2) Basic Policy Revision Adopted March 10, 1999
3) Contact Points
1 . The San Mateo County Horsemen's Association endorses the statesman-like
compromise proposed by the Board in closing a few trails to bikes on the
weekends, but allowing continued mid-week access when use density is low
and when some of these routes are very valuable as alternative transportation
commute corridors. This allows hikers and equestrians less complicated
venues during the highly used weekend days without substantial loss of trails
for bikers.
2. It was only at the last hearing on the subject of the bike closures in some
OSPs that we learned of the final revision to the Basic Policy adopted March
10, 1999. We thank the Board for coming to the, again statesman-like,
compromise expressed in this revision. In the hearings held December of
1998 on a proposal that would have made bikers and equesjrians "Special
Users". both interest groups expressed concern with becoming second class
citizens through this redefinition. You have responded with a policy that is
acceptable for the equestrian community that we represent'. Again, our
thanks for listening to our concerns and responding positively. We would like
to acknowledge the role that Nonette Hanko played in helping us resolve this
problem. We appreciated her direction, and all of the Board members who
met with us to work this problem through.
3. In the matter of the planned construction in Portola Valley involving access at
Windy Ridge, many equestrians remain concerned about safe access during
the time construction vehicles will be present. We ask that the Board approve
access for equestrians via the Sausal Trail which was originally planned as a
joint hiker/equestrian access but has not yet been opened to horses. When
an agenda item on this came before the Board this past winter, the only
reason ;ve heard about it in time to attend was because Betsy Crowder was
kind enough to call equestrians individually whom she knew to have vested
! mrn»d5 OO.doc
interest in this issue. We thank Mrs. Crowder for this consideration, and
would like to see some more formal mechanism available for the District to
contact San Mateo County horsemen when issues on equestrian trails are
considered by the board. Attached please find contact information for the four
major equestrian groups in San Mateo County that would like receive notice
when issues regarding horse trails arise.
Thank you for all of the hard work that you and District staff do on our behalf.
Regards from,
ICCC
-Z Adda Quinn
Chairman, Trails Committee
San Mateo County Horsemen's Association
3027 St. James Rd.
Belmont CA 94002-2955
650-592-0722
cc: Libby Armanino, President SIVICHA
Please contact me as listed above. Also contact these additional groups on
future equestrian trail issues:
Captain, San Mateo County Mounted Patrol
521 Kings Mt. Rd.
Woodside Ca 94062
650- 851-8300
President, Los Viajeros Riding Club
PO Box 620171
Woodside CA 94062
www.losviajeros.org
Ms. Roxy Stone
Secty, West Coast Horse Assoc.
1 Lobitos Rd.
Half Moon Bay CA 94019
650-726-7969
2 mrosd5—OO.doc
May 22, 2000
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404 -
MIDPENINSULA REGIONAL OPEN
Dear MROSD, SPACE DISTRICT
I cannot begin to express my joy at reading the minutes of the District's May 22
meeting to discuss plans to provide hikers and equestrians with trails free of mountain
bike traffic. Since my first encounter with mountain bikes, in which I received a
serious laceration, hiking in Mount Tamalpais State Park, the Marin Municipal Water
District, and the Marin County Open Space District has become increasingly
unpleasant. In fact, although I have been an avid hiker all my life, I very rarely hike
anymore; limiting my outings to days when winter storms force most mountain bikers
indoors. For me, the joy and tranquility of hiking is no longer possible to attain.
It is clear that NIROSD appreciates the necessity to preserve its resources through a
land use policy based upon "low intensity" recreation. I doubt that things will be as
they were anv time soon, but it is my earnest hope that the recent proposal to ban
mountain bikes from certain areas serves as an indication that all stewards of our ti
natural treasures will eventually come to realize that even though mountain bikes are
not powered by internal combustion engines, mountain biking nevertheless is not a
form of "low intensity" recreation. I only hope that this conclusion will be reached
long before every visitor other than cyclists is driven from the parks, and more
importantly, before every park and open space is as terribly damaged as is the
Middlesex Fells Reservation, north of Boston, Massachusetts. Photographs of this
area, which may be viewed at (http://www.wheeled-locusts.org), offer shocking
evidence of what lies in store for places where these machines are tolerated. Topsoil
has been eroded away; underlying rocks have been exposed, making travel by foot,
horseback, and even by bicycle difficult; trailside vegetation has been destroyed as
trails are further widened by cyclists attempting to avoid the damaged areas they have
themselves have caused; and root systems of trees have been extensively exposed,
predisposing countless trees which border the many miles of trails to ill health and
disease.
I might add that in addition to the environmental damage caused by this aggressive
sport, one must also consider other features that seem to be so uniquely a part of it.
One of the most significant of these is the contempt so many cyclists demonstrate for
park regulations. As I'm sure MROSD knows, the parks and open spaces of Marin
County have already tried to restrict bicycle access to some trails in order to reduce '
user conflicts and protect fragile areas. When this was first attempted cyclists
protested vociferously. Since then, however, they have been considerably less vocal as
they have come to realize that our parks are unable to enforce their regulations.
Should MROSD put into effect its proposed trail restrictions I am willing to bet that
what happened here will happen there; trail signs will be vandalized and cyclists will
simply ride where they please. To be sure, cyclists in Marin have been issued citations
for violation of park regulations, but they know the chances of being intercepted by
overburdened park staff are slim and are therefore willing to risk being caught. In fact,
it is for this very reason that the worst that mountain biking has brought to our parks,
illegal trail building, continues unabated. While I expect MROSD will have a very
difficult time enforcing its regulations, it is my fervent hope that in time it will
succeed. I applaud this courageous proposal and offer my heartfelt thanks.
Most sincerely,
i
Frank Lurz
309 Todd Way
Mill Valley, CA 94941
I
Page 1 of 1
Anne
From: Kristi Webb <kwebb@openspace.org>
To: Anne <akoletzke@openspace.org>
Sent: Wednesday, May 24, 2000 3:28 PM
Thank you for your recent e-mail regarding review of the District's Trail Use Policy.
Your e-mail was forwarded to the Board of Directors for their information.
Midpeninsula Regional Open Space District
(650)691-1200
www.onenspace.org
I
5/24/00
Page I of 2
Kristi Webb
From: Elisabeth Warren <elisabeth—warren(cDhotmail.com>
To: <rnrosd@openspace.org>
Sent: Tuesday, May 23, 2000 9:24 AM
Subject: Re: Trail Closures
Thank you for passing the message along.
I am devastated that I have been banned from
the trails that I have enjoyed for so many
years, and am appalled at the Board's
decision. As a longtime supporter of environmental
growth and habitat, I cannot see how they
reached the conclusion they did.
Sadly,
Elisabeth Warren
>From: "MROSD" <mrosd(a-)openspace.org>
>To: "Elisabeth Warren" <elisabeth warren(c7_)hotmail.com_>
>Subject: Re: Trail Closures
>Date: Sat, 20 May 2000 13:57:17 -0700
>Thank you for your recent e-mail regarding review of the District's Trail
>Use Policy.
>Your e-mail was forwarded to the Board of Directors, who will consider this
>issue at a public meeting on May 22, 2000.
>----- Original Message -----
>From: Elisabeth Warren <elisabeth warren(a)hotmail.com>
>To: <mrosd(a)openspace.orq>; <romp(a-)_topica.com>
>Sent: Monday, May 22, 2000 11:35 AM
>Subject: Trail Closures
> > To whom it may concern,
> > I am extremely disappointed and concerned with
> > the recently announced agenda for trail use.
> > I have lived in the SF Bay Area for 25 years,
> > and think it is one of the most spectacular
> > regions I have visited. A hallmark of this
> > area is it's unique ability to blend different
> > viewpoints and cultures into a relationship
> > that benefits us all. However, it seems that
> > your recent agenda announcement deviates
5/21/00
Page 2 of 2
* > significantly from this -- rather, it appears
* > to specifically carve out a population from
* > the open-use trails for unmerited and
* > unsubstantiated reasons. There is a risk
* > of=increased= damage to sensitive areas
* > by compounding trail traffic into increasingly
* > smaller acreage.
* > I am so disappointed in your apparent decision
* > to discriminate against mountain biking. Mountain
* > bikers have helped build trails, maintain the
* > condition of older trails, and have a history
* > of volunteering and contributing to the open
* > spaces we all enjoy. I am both a hiker and
* > a mountain biker, and I am extremely
* > troubled that you are not addressing all of
* > the viewpoints in your vote and agenda.
* > The vote should reflect the preferences of the
* > actual users of these trails, not of a small
* > minority.
* > I urge you to vote responsibly and to allow
* > all of us, regardless of sport choice, access
* > into the open spaces that we all cherish.
> > Thank you for your time.
> > Respectfully,
> > Elisabeth Warren
> > Get Your Private, Free E-mail from MSN Hotmail at hftD://www.hotmail.com
Get Your Private, Free E-mail from MSN Hotmail at httD://www.hotmail.com
5/21/00
Page I of I
Kristi Webb
From: Eleanor A. Hess <elbohess@juno.com>
To: <rnrosd@openspace.org>
Sent: Tuesday, May 23, 2000 9:17 AM
Subject: Cheers and Hoorays
Thank you so much for sticking with the board committee recommendations
to increase the opportunities available to hikers and equestrians for a
tranquil nature experience. I know there was a lot of whining from the
cyclists to keep these trails open. Good for you stick to what you
believe in. Elly Hess
5/22/00
Page I of I
Kristi Webb
From: Jim Fruitt<jfruitt@verano.com>
To: <mrosd@openspace.org>
Sent: Tuesday, May 23, 2000 6:12 PM
Subject: Proposed Trail Closures
Dear members of MRSOD Board,
I have read with great concern of the proposed closures to bicycles of
several preserves within MROSD lands.
Especially, the proposed closure of Los Trancos. I've had many great experiences
in Los Trancos and I rarely see anyone in the park at all- not Mtn. Bikers, not hikers.
I go in the evenings after work.
I also have seen no degradation of the trails in 6 years I've been riding
in Los Trancos. It has some of the most beautiful and serence mountain
biking in the area. It will break my heart if I learn that it is no longer open
to responsible bikers.
Responsible mountain biking is an environmentally sound recreation that
should enjoy equal access to these and all trails. No one should be shut
out of tranquil nature experiences, especially mountain bikers, who
comprise the majority of trail users on these public lands that you manage.
Please reject this proposed discrimination against off-road cyclists.
Thanks for your time and consideration.
Regards,
Jim Fruitt
Jim Fruitt
Verano
ph: 650-237-0207
fx: 650-237-0211
hftp://www.verano.com
Synchronize your Supply Chain TM
5/22/00
Page 1 of 1
Kristi Webb
From: Bruce Campbell <brucepa@flash.net>
To: <mrosd@openspace.org>
Sent: Wednesday, May 24, 2000 8:21 AM
Subject: Bike Restrictions
I am writing in support of the trail closure for bikes, as approved at the Monday night meeting. As a hiker
whose visits to MROSD preserves have often been disturbed by unpleasant encounters with bikes, I would
welcome additional closures.
Bruce Campbell
777 San Antonio Rd#121
Palo Alto CA 94303-4856
650/856-2109
BrucePA(c Flash.net
II
i
5/22/00
Page I of I
Kristi Webb
From: Jason Mondry<jIondry@incyte.corn>
To: <rnrosd@openspace.org>
Sent: Wednesday, May 24, 2000 8:00 AM
Attach: jlondry.vcf
Subject: OSP Bike Ban
To IVIROSD Board of Directors,
I am disheartened by your vote to ban bikes on 13.6 miles of OSP
trails. Since you see fit to take trails away from responsible mountain
bikers, I suggest that you appease us with trails of our own. Why not
13.6 miles of trails taken away from the hikers and the equestrians and
given solely to the mountain bikers? That way you can alienate everyone
equally and without prejudice.
Sincerely,
Jason Londry
5/22/00
Page I of 1
Kristi Webb
From: Keith Cendak<kcendak@hotmail.com>
To: <mrosd@openspace.org>
Sent: Monday, May 22, 2000 11:52 PM
Subject: Please Don't Close Trails to Mountain Bikers
To whom it may concern,
My favorite hobby is exploring the bay areas beautiful forests and open land
on my bicycle. The open space preserves are for everybody to enjoy,
including myself. My bicycle is an extension of myself. I can cover many
more miles on my bike exploring our open spaces than I can walking. I am
always courteous to all others who share the trail with me. Please do not
close Foothills, La Honda Creek, Los Tranos, Picchetti Ranch, Pulgas Ridge,
Teague Hill, and Thornewood Open Space Preserves to myself and my friends.
Thank you,
Keith Cendak
Get Your Private, Free E-mail from MSN Hotmail at hftp://www.hotmaii.com
5/21/00
Page I of I
Kristi Webb
From: <Pong571@aoI.corn>
To: <mrosd@openspace.org>
Sent: Monday, May 22, 2000 6:01 PM
Subject: MT BIKE TRAILS
I'M GETTING PRETTY DISGUSTED WITH THE HIKERS TRYING TO CLOSE TRAILS TO
MOUNTAIN BIKERS.THERE ARE PLENTY OF TRAILS FOR HIKERS ONLY LET THEM
HIKE
THERE.ITS ONLY A FEW RECKLESS RIDERS TAKE SCARE THE HIKERS DONT
PUNISH ALL OF
us
5/21/00
Page I of I
Kristi Webb
From: Mariska Vodegel <rnariskaaa@yahoo.corn>
To: <mrosd@openspace.org>
Sent: Monday, May 22, 2000 5:39 PM
Subject: Against Trail Closure
Dear members of the MROSD board,
I hope I am not too late on sending this message. I
have just been told that you intend to vote today on
closing several preserves within MROSD lands. I am
asking that you do NOT vote to close these trails or
any other trails to mountain bikers. I believe that
most of us bikers ride the trails respectively. I
LOVE mountain biking and that is one of the reasons I
have chosen to stay in this valley. Biking allows me
to go where I am unable to go normally. I have bad
knees and hiking is not an something my knees can
endure. Please, do not take away something from me
that I consider to be a blessing in my life.
Please reject this proposed discrimination against
off-road cyclists.
Thanks for your time and consideration.
Best regards,
Mariska Vodegel
Do You Yahoo!?
Send instant messages & get email alerts with Yahoo! Messenger.
hftp://im.yahoo.com/
5/21/00
Page I of I
Kristi Webb
From: Myers <rlmyers@batnet.corn>
To: Dave Wade <drnwade@cats.ucsc.edu>
Cc: <mrosd@openspace.org>
Sent: Monday, May 22, 2000 2:49 PM
Subject: Re: Proposed Changes to Trail Use Policy, May 22 Meeting
Sorry Dave,
Including the description "mountain biker" after your name was inadvertant
and unintentional on my part. It had already been appended before I
received it from someone who monitors the ROMP list. I thought I was
quoting your message exactly as written. Please accept my apologies. I
totally agree, it is inappropriate to insert text into someone else's
writing. Had I known, I would have left that off. I will cc this message to
the MROSD board so that they are aware of my unintentional error. Thank you
for bringing it to my attention.
Sincerely,
Roger Myers
>May 22, 2000
>Dear Mr. Myers,
>1 must protest your appendage of this text "[mountain biker]" to my letter
>to the MROSD, dated 5/19/2000. It is utterly innappropriate to insert text
>into someone else's writing and then report or reprint that work. I did cc
>the original letter to the ROMP list, as I felt my opinion would be of
>interest to their membership. I am cc'ing this letter both to the MROSD
>board and the ROMP list because you have changed my original letter in this
>public way.
>David Wade
>Felton, California
5/20/00
Page I of I
Kristi Webb
From: Louise Mintun <lmintun@portal.corn>
To: <rnrosd@openspace.org>
Sent: Monday, May 22, 2000 3:34 PM
Attach: Imintun.vcf
Subject: Bicycle Access
Dear members of the IVIROSD board,
I have read with great concern of the proposed closures to bicycles of
several preserves within IVIROSD lands. I am also extremely troubled by
the proposed future reductions
in bicycle mileage throughout the district.
The most troubling aspect of the proposal is that there are no terms for
an equal reduction of access by foot and horse traffic. It appears that
the proposals are aimed specifically at mountain biking. Responsible
mountain biking is an environmentally sound recreation that should enjoy
equal access to these and all trails. No one should be shut out of
tranquil nature experiences, especially mountain bikers, who comprise
the majority,of trail users on these public lands that you manage.
Please reject this proposed discrimination against off-road cyclists.
Thanks for your time and consideration.
Best regards,
Louise Mintun
5/20/00
Regional p►en S,. -4 ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 24, 2000
«FirstName* «LastName*
KCompany*
«Address.l*
«City*, -State- «PostalCode*
Dear «FirstName* «LastName*,
Thank you for your letter regarding review of the District's Trail Use Policy. Each Board
member received a copy of your letter before the special public meeting May 22, 2000 and,
because the District is a public agency, each letter was available for review at that meeting.
After deliberating the issue and hearing from members of the public, the Board voted
unanimously to tentatively adopt the amendment to close seven preserves to access by mountain
bicycles.
Sincerely,
L. Crag i Britton
General Manager
LCB:ak
This is the response sent to those who wrote letters that came in at
the last minute on Monday and were copied for the Board but were not
responded to until today, 5/24/00.
i
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 p
V,
FAX:650 691-04F3r� . E-mail: mrosdQopenspace.orJ, . Web site.www.openspace.org ..
E3oard of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz a General Nlamger:L.Craig Britton
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
From: C.Britton,General Manager
Date: May 19,2000
Re: FYls
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
> > To: Friends of the Land and Water Conservation Fund
>> From: Americans for Our Heritage and Recreation
> > Date: May 11, 2000
Congratulations!
> > Coll g-
> > The U.S. House of Representatives yesterday voted 315-102 in favor of
> > passing the Conservation and Reinvestment Act (CARA, H.R. 701), which
> > fully funds the Land and Water Conservation Fund (LWCF) at its
> > authorized $900 million. The bill also annually funds the Urban Park and
> > Recreation Recovery Act (UPARR) at $125 million; the Wildlife
> > Conservation and Restoration Fund at $350 million; 'I'lle Historic
> > Preservation Fund at $100 million; Federal Indians and Lands Restoration
> > at $200 million; Conservation Easements and Species Recovery at $150
> > million; and Payment-in-Lieu-of-Taxes at $200 million.
* > House Committee on Resources Chairman Doti Young (R-AK) and Ranking
* > Member George Miller (D-CA) led a bipartisan team of Republicans and
* > Democrats in advancing this bill to the floor and to final passage
* > through the House of'Representatives. Thanks to your grassroots actions,
* > they were able to fetid off amendments that would have gutted the core
* > programs within the bill.
>> Your presence during the week's events leading up to, and including, tile
> > vote was felt at every level. More than one Capitol Hill staffer was
> > heard to remark, "Please stop the calls, we'll vote your way!" Some
>> Members of Congress stood up and talked about the number of letters,
> > calls, faxes, and email that had been pouring into their offices during
> > the week. Others talked of meeting with LWCF supporters in their home
> > districts. Representative Jay hislee (D-WA) stood up to talk about a
> > kayak trip through an LWCF-funded site that was organized by local
> > activists. Even Chairman Young got into the act. At one point, when lie
> > was told that support for the bill was lean, he brandished a list of
> > more than 6,000 local, regional, and national organizations, businesses,
> > elected leaders, and agencies from all fifty states, proclaiming that
> > support for or these programs was broad and diverse (and you wondered wily
>> we asked You for copies of your letters, resolutions, etc.). Your work
> > made the difference.
> >
> > The Senate will take up LWCF legislation sometime next month, so we have
> > only a few weeks to reconnoiter and keep the nion-tenturn moving in a
> > positive way.
> > For now, take the weekend to relax and give yourselves a 1)It oil the
> > shoulder. You deserve it.
> > Check out below how your Member of Congress voted on CARA (its
> > alphabetical, not by state) and, remember to call and thank them for
> > voting this historic bill through the I louse.
* > Here are the FINAL VOTE RESULTS FOR HR-701
* > BILL TITLE: Conservation and Reinvestment Act (CARA)
* > RECORDED VOTE, MAY 11, 2000, 4:01 PM
* > QUESTION: On Passage of CARA
* > THE VOTE RESULTS:
* > REPUBLICAN 118 ayes, 93 noes, 10 non-voting
* > DEMOCRATIC 196 ayes, 8 noes, 7 non-voting
* > INDEPENDENT I aye, I no
* > TOTALS 315 ayes, 102 noes, 17 non-voting
FROM : BETSY CROWDER PHONE NO. 6506510410 May. 17 2000 09:5eAM P2
A
Vista Point Ranch
12344 First Fork Road
Skyline Blvd
LOS GATOS,CA 95033
April 11,2000
Ms. Betsy Crowder, Director,Ward 6
Mid Peninsula Regional Open Space District
330 Distel Circle
LOS ALTOS, CA 94022-1404
Dear Betsy;
re- Saratoga Gap or Ridge Trail. Mountain bikers versus"the Rest"
I'm sorry to bug you again,but I suppose my squeaky wheel syndrome has burst out with the
spring flowers again I
The reason I am writing to you once more is that I just recently learned that, yet again the
Saratoga Gap/Ridge alternative trail has been put on the back burner.
Last fall a lot of us wait to the trouble of sending a letter to Mr,Keith Steinhart in Sacramento
requesting and supporting a grant for about$30,000 to construct the alternative trail for bikers
and equestrians from Saratoga Gap to Long Ridge. (By the way.I am sure you already know,
the majority of this trail already exists,and merely needs"recovering"). I had not heard any
updates,or anything about the status,and foolishly I assumed that the work would all be in the
pipeline, Now, I understand that not only did Midpen not get the Gram, but also that Midpen
has no plans to place the construction of the alternative trail on this yews"to-do"list,and deal
with it out of funds.
1,and others in the Saratoga Gap area,were assuming that in the year 2000 we would see a huge
improvement in the situation which has been allowed to arise and exist in our location. By this I
mean the fact that the trail has been allowed to become badly degraded,damaged,and unsafe due
to the overuse and abuse by mountain bikers- Residents who live here are now (almost to a
person)reluctant to use this trail- I see this as almost a carbon copy of what has happened in El
Corte de Madera,where we have watched huge resources of time and money spent merely to
facilitate mountain bikers,and even so they are still not satisfied,create,volunteer trails and
damage everything left right and center.
I have to tell You that I have made so many 'phone calls,and written so many letters about the
Saratoga Gap Trail,that I am totally disillusioned with the process. A lot of us residents in the
Skyline area feel disgruntled about loss of our recreational facilities, -Midpen would do well to
consider this as they continue to solicit support and funds to purchase yet more land in other
locations, in the effort to please a vocal majority,who will never be satisfied.
FROM BETSY CROWDER PHONE NO. : 6508510410 May. 17 2000 09:59AM P3
I have always firmly supported the purchase of land for more open space and have channeled
information about land for sale,but now I am really questioning Midpen's management,
On a more positive note,we have an active and responsible Residents Association up here on
Skyline and if Mdpen were to reconsider this particular situation,and go ahead and recover this
trail,this year 2000, we have a very active and resourceful trail-blazer in the person of Bo
Gimbal,and I have absolutely no doubt we could organize a volunteer group to help work this
project.
Betsy, I hope you understand my point of view;I'm sure as a fellow hiker you do,but I am so
frustrated I felt the need to get this all down in print again. I enclose copies of some of the letters
on this topic that I have written since 1996- Also,if you have any ideas or suggestions about
how we can get some positive action in this matter,please let me know.
Yours
JOBARRETT
P.S. Hope you come up here for a hike in Castle Rock Park soon.
Page 1 of 5
Craig Britton
From: MROSD <mrosd@openspace.org>
To: Craig <cbritton@openspace.org>
Sent: Saturday, May 13, 2000 5:58 PM
Subject: Fw: CARA Vote Summary
Kristi Webb
Public Affairs Assistant
Midpeninsula Regional Open Space District
(650) 691-1200
www.opeiispace.org
-- --Original Message -----
From: Tom St. Hilaire
To: ahr-grassroots enviro_link_orq
Sent: Monday, May 15, 2000 1:12 PM
Subject: CARA Vote Summary
To: Friends of the Land and Water Conservation Fund
From: Americans for Our Heritage and Recreation
Date: 5/15/00
Below is a good summary from the Congressional Green Sheets on last week's vote on CARA. For a
more detailed account of the vote, including exactly what Members said in the debate, download the
Congressional Record from the Government Printing Office's web site at<www.access.gpo.gov>.
Under the Quick Links Section, click on "Congressional Record." When you get to that page, check
the "House Section," add the dates "05/10/2000" to "05/11/2000" in the date range, then enter
"Conservation and Reinvestment Act" in the word search area. You'll get 5 entries that you can
download as text or PDF files.
Congressional Green sheets
May 15, 2000
Roundup
Last week's action in the House, Senate
Conservation funding: The House Thursday passed a major conservation funding bill by a wide
margin as proponents suc-ceeded in fending off efforts of private property rights advo-cates to change
the measure.
The House voted 315-102 to pass the Conservation and Reinvestment Act(HR 701), which would
dedicate more than $3 billion annually from federal offshore oil and gas receipts for impact aid to
coastal states and to beef up land acquisition and state fish and game programs.
The bill united House Resources Committee Chairman Don Young (R-Alaska) and Resources
ranking Democrat George Miller(Calif) while pitting Young against his usual allies, private
property rights advocates.
Younghad called the bill "the most comprehensive conser-vation and recreation legislation the
p g
Congress has considered in decades."
HR 701 has been the target of vociferous opposition from property rights advocates, many
conservative Westerners who believe the federal government already owns enough land, and some
budget hawks and appropriators.
5115100
Page 2 of 5
The Clinton administration had urged passage of the legis-lation while making clear it would seek a
final bill that did not contain "burdensome or unnecessary restrictions on current federal authorities,"
as a Statement of Administration Policy by the Office of Management and Budget said.
OMB estimated the bill would result in an increase in new direct spending of about $7.8 billion over
the first four years. Without budget offsets, that new spending could contribute to a sequester of
mandatory spending. The SAP says the administration "will work with the Congress to ensure that
such an unintended sequester does not occur.
The bill cleared the House after votes on more than 20 amendments over two days of floor
consideration.
The House began its consideration of amendments on Wednesday by adopting by voice vote a
bipartisan amendment negotiated among key bill co-sponsors and Rep. Sherwood Boehlert (R-N.Y)
addressing concerns that the bill might in-elude incentives for new oil and gas drilling.
The amendment would remove that incentive by deleting a provision requiring updates every five
years of the formula for allocating coastal impact aid to states. Environmental groups worry that the
language approved by the Resources Commit-tee linking proximity to leasing to the amount of aid
directed to a community might lure smaller coastal towns and villages, particularly in Alaska, into
seeking more drilling as other rev-enue sources declined, even if those communities had tradi-tionally
opposed drilling.
The amendment, also sponsored by Democratic Reps. Chris John(La.), Ed Markey (Mass.) and
Frank Pallone (NJ.), would allow the secretary of interior to make competitive grants to be split
among several states for projects of regional or na-tional significance that benefit wildlife, protect
open space, preserve water quality or protect areas of cultural or historic significance.
And the amendment would require that state plans under the impact assistance title of the bill include
information about how those plans would address environmental concerns.
According to a memo to members from Boehlert, the amendment did not include several other issues
that had been under discussion, including adjusting the funding formula. Many critics have
complained that the bill currently flannels too much money to a few states, notably Louisiana, Alaska
and California.
Also left "for another day": capping "infrastructure" spending under the impact aid section. Some
have complained that the bill would not sufficiently restrict spending on items such as road repair,
which could be justified as fixing an effect of OCS development, but would not meet the
conservation goals of many supporting the legislation.
Other items not addressed in the amendment were funding for the competitive grant program for
regionally and nationally significant projects, and language that would ensure that the Appropriations
committees actually spend the money earmarked for LWCF.
Also during Wednesday's session, the House:
• defeated by 317-109 an amendment by Appropriations interior subcommittee Chairman Ralph
Regula(R-Ohio)to revise the coastal impact aid formula so that those states that currently
allow offshore drilling would receive the majority of the impact aid.
• defeated by 273-153 an amendment by Rep. George Radanovich(R-Calif.) to require that the
Conservation and Reinvestment Fund set up by the bill provide the full amount authorized for
payments in lieu of taxes and refuge revenue sharing, if appropriators did not provide full
funding.
5/15/00
' Page 3 of 5
. defeated by 315-109 an amendment by Republican Reps. Tom Tancredo (Cob.) and Richard
Pombo (Calif.) to wipe out federal Land and Water Conservation Fund expenditures and
distribute the money among the Urban Parks and Recreation Recovery Act program, the
farmland protection program and the endangered and threatened species recovery program.
adopted by voice vote an amendment by Rep. Mark Souder(R-Ind.) to explicitly state that the
funding provided under HR 4377 is intended to supplement annual appropriations for the
National Park Service.
. adopted by 216-208 an amendment by Rep. John Shadegg (R-Ariz.) to require that,before
OCS receipts could be put into the main fund established by the bill, the Congressional Budget
Office certify that Congress was on track to eliminate all publicly held debt by 2013; that there
was not an on-bud-get deficit; and the appropriate trustees certified that neither Social Security
nor Medicare would run a deficit within the next five years.
. defeated by 265-160 an amendment by Rep. Helen Chenoweth-Rage (R-Idaho)to prohibit any
CARA funds to establish or manage any national monument designated after 1995 under the
Antiquities Act of 1906.
. defeated by 253 - 171 an amendment by Pombo to ensure that private property owners' use and
enjoyment of their property would not be diminished if they became neighbors of the federal
government as a result of the bill.
. adopted by voice vote an amendment by Regula to re-quire that states have a dedicated state
land acquisition fund before receiving CARA funding; money originally earmarked for states
that did not have such accounts would be reappor-tinned to states that did. Young and Miller
agreed to accept the amendment with the stipulation that they would work with Regula to find
language that would take into account different state funding mechanisms. Young said that
Alaska's constitu-tion forbade creation of dedicated funds.
The House on Thursday:
. defeated by 310-108 an amendment by Rep. John Peterson(R-Pa.), debated Wednesday night,
to require that all federal land purchases funded by CARA be located within federal land
boundaries established before CARA was enacted - limiting purchases to so-called
"inholdings."
. defeated by 281-142 an amendment by Rep. Saxby Chambliss (R-Ga.), debated Wednesday
night, to make spend-ing under the bill through fiscal 2006 (the length of the current budget
resolution) discretionary (subject to the Appropriations committees) rather than mandatory.
. defeated by 259-166 an amendment by Rep. Helen Chenoweth-Rage (R-Idaho), debated
Wednesday night, to delete a provision that would grant impact aid funds to a county in
California, though that county would not receive impact assistance under the formula set out in
the bill.
. defeated by 256-169 an amendment by Reps. Richard "Doc" Hastings (R-Wash.) and Ralph
Regula(R-Ohio), de-bated Wednesday night, to require that half of the $450 mil-lion federal
share of the Land and Water Conservation Fund - the main land-buying account - be used to
maintain and manage lands already owned by the federal government.
5/15/00
i
Page 4 of 5
. defeated by 238-187 an amendment by New York Republican Reps. John Sweeney and John
McHugh, debated Wednesday night, to give local governments the option to object to projects
listed under state and federal land acquisi-tion plans under the LWCE
. defeated by 266-157 an amendment by Republican Reps. Mike Simpson (Idaho) and Greg
Walden (Ore.), debated Wednesday night, to require that before the federal govern-ment
purchased land under CAAA, in states where 50 percent or more of the land was federally
owned, the government either dispose of an equal amount of land or receive approval through
enactment of a specific state law.
. defeated by 261 - 158 an amendment by Rep. Ken Calvert (R-Calif.)to forbid "adverse
condemnation" of private property for projects under the bill's coastal impact section, not just
for federal LWCF acquisitions.
. adopted by voice vote an amendment by Rep. Rick Hill (R-Mont.) that as initially written
would have prohibited any federal acquisition in Montana until the secretaries of interior and
agriculture came up with a statewide plan for acquisition and disposal of federal lands there.
But Hill modified the proposal to direct a study of the issue and drop the prohibition, and
Young agreed to accept the amendment as modified.
. defeated by voice vote an amendment by Rep. Steve Buyer R-Ind.)to bar non-profit
organizations from using federal funds to purchase conservation easements.
. defeated by 317-107 an amendment by Chenoweth-Rage to block funding for private
organizations and non-profit groups.
. adopted by 306-116 an amendment by Rep. Mark(D-Colo.)to add the Urban and Community
Forestry Assis-tance Program to the list of programs for which the secretary of agriculture
could use CARA funds.
. defeated by 250-170 an amendment by Rep. Jim Gibbons (R-Nev.)to allow the Bureau of
Land Management to auction public land the agency had identified for disposal.
. defeated by 365-56 an amendment by Rep. Doug Ose (R-Calif.) restricting CARA funds to
states for assistance to incorporated cities, and to counties with a population of 100,000 or
more; Ose modified his original proposal, which had set the population threshold at 1 million.
. defeated by 291-126 a substitute amendment by Rep. William "Mac" Thornberry (R-Texas)
that combined varia-tions on several amendments- including strengthening private property
protections and making those provisions apply to programs funded by the bill, increasing
payments in lieu of taxes using interest earned on the main CAAA fund, address-ing
maintenance problems in public lands, and making the funding discretionary for the first five
years - that had been debated separately.
Just before final passage, the House voted to add language to the bill by Rep. Peter DeFazio that the
Oregon Democrat said would ensure that CAAA spending would not diminish spending from the
Social Securityor Medica
re trust funds. DeFazio said the language was designed to strengthen an
g g
amendment by Rep. John Shadegg (R-Ariz.) adopted by the House Wednesday. That amendment
would require Congres-sional Budget Office certifications for certain financial milestones before
CARA spending would be permitted.
Shadegg rose to protest DeFazio's characterization of the language, arguing that Democrats were
5/15/00
Page 5 of 5
looking for political cover with a pro-Social Security proposal after voting against his amendment,
which had passed on a 216-208 vote,
Young ended the debate with a warning against partisan sniping when the House was on the verge of
bipartisan pas-sage of major conservation legislation.
DeFazio's proposal - a motion to recommit the bill to com-mittee and report it back immediately with
the addition of the spending language -passed on a 413-3 vote.
5115100
Regional Openeace
......... ..............................o�
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 17, 2000
VIA FACSIMILE. 5101286-0470
Mr. Gary Hernandez
Chair, California State Coastal Conservancy
1330 Broadway, I I 1h Floor
Oakland, CA 94612
Dear Mr. Hernandez:
I am writing to express my strong support for the Coastal Conservancy's adoption of the Peninsula Open Space
Trust's(POST)Cloverdale Coastal Ranch plan,and I enthusiastically endorse POST's request for$250,000 to
implement conservation projects identified in the plan.
The 5,638-acre Cloverdale Coastal Ranch, located near the town of Pescadero in San Mateo County,represents a
stunning achievement in the campaign to protect the San Mateo Coast. It contains 1.7 miles of coastline just
south of Pigeon Point Lighthouse,extends south to Gazos Creek and abuts both Butano and Ana Nuevo State
Parks to the east. The land represents a cross-section of the peninsular California coast, stretching from sea level
to the mountain ridges in a series of coastal terraces, creating an"ecological staircase"of distinct habitats. This
remarkable variety of habitats presents a unique management challenge,and POST is committed to meeting that
challenge. In 1998 the Coastal Conservancy helped fund the development of POST's Cloverdale Coastal Ranch
Plan. This plan details the conservation framework that will guide the on-the-ground conservation work at the
ranch.
As part of the planning process POST has identified urgent management priorities on the ranch. Some of the
actions necessary to restore the ranch's ecological health include pampas grass removal,erosion control work, and
native grassland. POST will also work to provide viable agricultural and recreational opportunities on the ranch.
Along with preserving and restoring one of San Mateo Coast's most priceless properties, implementing,the
C, Z
Cloverdale Coastal Ranch plan will help promote tourism,contribute to the local agricultural economy, and
provide riders and hikers with an unforgettable experience.
It is my sincere hope that you endorse this application. I appreciate this opportunity to show my support.
�ncere)),,,
L. Craig Britton
General Manager
cc: Audrey Rust, President,Peninsula Open Space Trust
Tim Duff, California Coastal Conservancy
330 Distel Circle o Los Altos, CA 94022-1404 o Phone: 650-691-120o
FAX: 650-691-0485 o E-mail: mrosMooenspace.or-, Web site:www.openspace.cirg
Board of Directors:Pete Siernens,Mary C. Davey,led Cyr,Deane Little, Nonette Flanko Betsy Cro,.%der, Kenneth C. Nit/ - General 4Iarm,_,er:L.Craw R,at()n
Regional Open ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
April 27, 2000
Ms. Pat Gfroere
1085 Valley Forge Dr.
Sunnyvale, CA
94087-2042
Dear Ms. Gfroere:
Thank you for your letter of April 3, 2000. At their regular Meeting last night, the District's
Board of Directors considered your correspondence regarding the use of cellular telephones on
trails in District preserves.
We share your concern for the need to retain an environment of peace and serenity for District
visitors, and it is our hope that users of District preserves will take the opportunity to enjoy the
natural beauty which is afforded to them, without the distraction of modern electronics. We
attempt to teach this sensitivity through our District outreach programs, which are provided by
volunteer docents. However, banning the use of cellular telephones would probably be
impractical. Some visitors carry portable two-way radios (such as the increasingly popular family
radio service) to keep track of their group, and such a ban would also have to cover these types of
communications devices. Visitors also use cellular telephones to report emergencies, which could
be a valuable service to other preserve users.
Since Rancho San Antonio preserve is adjacent to an urban area, cellular telephone reception is
often good. We think that you will find that cellular telephone usage is less prevalent in our
more remote preserves, since reception is likely to be poorer.
Thank you for contacting us, and Gve hope that you will continue to use and enjoy the District's
preserves.
Sincerely.
Ken Nitz, Presi ent`�►/" u
Board of Directors
KN/ob
330 Distel Circle . Los Altos, CA 94022-1404 Phone: 6 50-691-1 200
FAX:650-691-0455 . E-mail:mrosdgopenspace.org . Web site:w.%%v.openspace.org
Board or Oirettor,i:Pete Siemens,Mary C. Da%eg,led(-Nr, Deane Little, Nonette Hanko, Bet" Cro%cder, Kteth C.aNitz . Coneral Alanwgwr:L.Craip Britton
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PUBLIC MEETING
N(JTICE
Consideration of
AGREEMENT FOR
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO OPERATE AND MANAGE
RANCHO SAN ANTONIO COUNTY PARK.
Meeting Location: District Office,330 Distel Circle,Los Altos
Date: Wednesday,May 24,2000
Time: 7:30 PM
BACKGROUND: In January 1999, Santa Clara County proposed the imposition of entrance fees at all of its
parks, including Rancho San Antonio Park. This 165-acre park serves as a gateway to the District's 2,000-acre
Rancho San Antonio Open Space Preserve. Informal discussions were held between District and County staff
regarding the impact of the proposed fees on the Park's location as a gateway facility to the District's Preserve.
During these discussions it was proposed that the District assume management responsibilities for the County
Park if the District was desirous of retaining cost-free entry to the Park and Preserve.
NEXT STEP: At the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space
District, scheduled for Wednesday, May 24,2000,the Board will consider approval of the Agreement for
District Operation and Management of Santa Clara County Rancho San Antonio Park. Should the District
Board of Directors and the County p Pp g
Board of Supervisors approve this Agreement, then Rancho San Antonio
Park will be operated and maintained by the District and remain free to the public.
I
A copy of the staff report will be posted on the District's web site on Tuesday, May 23, 2000
at www.openspace.org. Copies will also be available at the District office.
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail:mrosd(oopenspace.org • Web site: www.openspace.org
I
Regional Open Space
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PUBLIC MEETING NOTICE
Consideration of
AGREEMENT FOR
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO OPERATE AND MANAGE
RANCHO SAN ANTONIO COUNTY PARK
Meeting Location: District Office, 330 Distel Circle, Los Altos
Date: Wednesday, May 24, 2000
Time: 7:30 PM
BACKGROUND: In January 1999, Santa Clara County proposed the imposition of entrance fees at all of its
parks, including Rancho San Antonio Park. This 165-acre park serves as a gateway to the District's 2,000-acre
Rancho San Antonio Open Space Preserve. Informal discussions were held between District and County staff
regarding the impact of the proposed fees on the Park's location as a gateway facility to the District's Preserve.
During these discussions it was proposed that the District assume management responsibilities for the County
Park if the District was desirous of retaining cost-free entry to the Park and Preserve.
NEXT STEP: At the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space
District, scheduled for Wednesday,May 24,2000, the Board will consider approval of the Agreement for
District Operation and Management of Santa Clara County Rancho San Antonio Park. Should the District
Board of Directors and the County Board of Supervisors approve this Agreement,then Rancho San Antonio
Park will be operated and maintained by the District and remain free to the public.
A copy of the staff report will be posted on the Districts web site on Tuesday, May 23, 2000
I
at or ..www.o ens ace Copies will also be available at the District office.
p p g p
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