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Home My Public Portal About20000628 - Agendas Packet - Board of Directors (BOD) - 00-16 I I Regional e , � ce i I I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-16 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:00 p.m. Wednesday,June 28,2000 330 Distel Circle Los Altos, California Please Note: 6:00 p.m.Closed Session Start Time 7:30 p.m. Regular Meeting Start Time I I AGENDA ROLL CALL I SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE I DISTRICT--CLOSED SESSION I The Closed Session will begin at 6:00 p.m. At the conclusion of the Closed Session, the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Real Property Negotiator- Government Code Section 54956.8 Real Property - Santa Clara County Assessor's Parcel Numbers 558-41-021 and 558-41-022 Agency Negotiator - L. Craig Britton Negotiating Party -John Musumeci, McDougal Brothers Under Negotiations - Instructions to negotiator will concern price and terms of payment. 2. Conference with Real Property Negotiator - Government Code Section 54956.8 Real Property - San Mateo County Assessor's Parcel Number 080-380-040 Agenc�Ne otg iator - Michael C. Williams Negotiating iating Party - William Christy, Esq. and Jack Silva Under Negotiations - Instructions to negotiator will concern price and terms of payment. 3. Public Employment - Government Code Section 54957 Public Employee Performance Evaluation - General Manager REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I I ** ORAL COMMUNICATIONS—PUBLIC i SPECIAL ORDER OF THE DAY—GIRL SCOUT TROOP NO. 1164 Pledge of Allegiance 330 Distel Circle * Los Altos, CA 94022-1404 » Phone:650-691-1200 FAX: 650-691-0485 = E-mail: mrosd@openspace.org * Web site:www.openspac_e.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 Meeting 00-16 Page 2 ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—K.Nitz WRITTEN COMMUNICATIONS APPROVAL OF MINUTES ■ May 22,2000 ■ May 24,2000 BOARD BUSINESS 7:35* 1 Presentation by the Santa Clara Valley Water District on Their Proposed Clean, Safe Creeks and Natural Flood Protection Program—C. Britton 7:50* 2 Approval of License Agreement Providing Big Creek Lumber Company the Right of Access Across District Owned Land at Bear Creek Redwoods Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA)as set out in the Report;Authorize the General Manager to Execute the License Agreement with Big Creek Lumber Co. for access at Bear Creek Redwoods Open Space Preserve —D. Dart 8:15 3 Acceptance of a Real Estate Sales Agreement with Robert and J. P. Puette for the Sale of Surplus Land within the Mt.Umunhum Area of the Sierra Azul Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA)as set out in the Report;Adopt the attached Resolution Declaring Property Surplus to District's Needs,Approving and Authorizing Acceptance of the Attached Real Estate Sales Agreement with Robert Puette and J. P. Puette,Authorizing President of the Board to Execute Grant Deed for the Real Property Being Released, and Authorizing Acceptance of Grant of Declaration of Covenants,Conditions and Restrictions to District—M. Williams 8:30* 4 Program Evaluation for the 1999-2000 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District Comment on and Accept Staffs Program Evaluation Report—C. Britton 9:00* 5 Approval of Workers' Compensation Insurance Coverage for the Period of June 29,2000 through June 28,2001 at an Estimated Cost of$130,386;Approve the Workers' Compensation Insurance Bid Totaling$130,386 from State Compensation Insurance Fund for the Period June 29,2000 through June 28,2001 —D. Dolan 9:10* 6 Consider the Adoption of the Resolution to Contract for Coverage for Members of the Board of Directors Under the Public Employees' Medical and Hospital Care Act,and Fixing the Contribution at$16.00 Per Month for Current Board Members—D. Dolan 9:25* 7 Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of Amendment to District General Counsel's Employment Agreement; As a Result of the Board's Evaluation of District General Counsel's Performance for Fiscal Year 1999-2000 and a Compensation Review for the Position,the Ad Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pay Award Based on District General Counsel's Performance in Fiscal Year 1999-2000, and a Salary Adjustment Consisting of a 11.8% Salary Parity Adjustment and a 6.2%Cost of Living Increase for Fiscal Year 1999-2000,Retroactive to April 1, 2000; Meeting 00-16 Page 3 Adopt the Resolution Amending District General Counsel's Employment Agreement to Reflect an Adjusted Salary of$78,862.35,a 5% Meritorious Pay Award Totaling$3,314.00,and an Adjustment in Vacation Hours from 90 Hours Annually to 100 Hours Annually—S. Schectman 9:35* 8 Approval of Agreement Between the City of Mountain View and Midpeninsula Regional Open Space District for the Operation of Deer Hollow Farm for One Year; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA)as set out in the Report; Authorize the General Manager to Execute the Attached Agreement with the City of Mountain View for the Continued Operation of Deer Hollow Farm for an Additional Year—G. Baillie 9 Final Adoption of an Amendment to the Use and Management Plan for El Corte de Madera Creek Open Space Preserve to Permanently Reroute the Virginia Mill Trail—J. Cahill 10 Authorization to Change District's Designation of Authorized Signatories for District General and Payroll Accounts—D. Dolan 11 Cancellation of July 12 Regular Board Meeting and Scheduling of a Special Meeting of the Board of Directors for July 12,2000; Cancel your July 12, 2000 Regular Meeting; Schedule a Special Board Meeting for Wednesday,July 12,2000 at 7:00 p.m. at the Palo Alto Elk's Lodge, to consider final adoption of amendments to the District Trail Use Policy and Final Adoption of Amendments to the Use and Management Plans for Affected Preserves—C. Britton REVISED CLAIMS INFORMATIONAL REPORTS—Brief Reports or announcements concerning pertinent activities of District Directors and staff CLOSED SESSION CONTINUED(if necessary) 9:50* 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. Regional Open S, ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-12 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Monday, May 22, 2000 MINUTES SPECIAL MEETING I. ROLL CALL President Kenneth C. Nitz called the meeting to order at 7:08 P.M. Members Present: K. Nitz, B. Crowder, M. Davey, N. Hanko, J. Cyr, D. Little, and P. Siemens (arrived at 7:24 P.M.) Members Absent: None Staff Present: C. Britton, S. Schectman, D. Dolan, R. Anderson, M. de Beauviere, J. Preciado, D. Sanguinetti, M. Freeman, A. Ruiz, A. Koletzke, D. Danielson, J. Kowaleski, L. Raymaker, J. Isaacs, D. Woods, L. Zadek II. ORAL COMMUNICATIONS - There were none. III. ADOPTION OF AGENDA i Motion: J. Cyr moved adoption of the agenda. B. Crowder seconded the motion. Motion i passed 6 to 0. IV. BOARD BUSINESS A. Agenda Item I -- Tentative Adoption of an Amendment to the Preliminary Use and Management Plans for Seven Preserves: Foothills, La Honda Creek, Los Trancos, Picchetti Ranch, Pulgas Ridge, Teague Hill, and Thornewood Open Space Preserves, Designating the Preserves as Closed to Bicycle Use, Including Closure of 13.6 Miles of Existing Trails to Mountain Bicycle Use; Tentative Amendment to the District's Trail Use Policies to Add a Long Range Trail Use Designation Guideline Ratio of 60% to 65% Multi-Use (Including Bicycles) and 35% to 40% Hiking or Hiking and Equestrian Use Only; Determine that the Recommended Actions are Exempt from the California Environmental Quality Act (CEQA) as Set Out in the Report; Tentative Amendment to the Trail Use Policies Regarding Multi-Used Trails to Include a Policy Regarding Multi-Use Trail Access (Including Bicycles) to Regional Trails Such as the Bay Area Ridge Trail C. Britton was introduced. He gave a historical perspective of the issue. He stated that none of the 24 preserves were currently closed to bicycle use. Hikers are looking for not only a wilderness and tranquil experience, but also a safe experience. N. Hanko wrote a memo in 1996 regarding some of the preserves being hiker and equestrian only. As a result, an Ad Hoc 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 a E-mail: mrosd @o ens pace. r> . Web site:www.Cpensp<ce.or, Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz . General Manager:L.Craig Britton I I i Meeting 00-12 Page 2 Committee was formed to address this issue. The committee found that the District has more trail mileage open to mountain bicycles than any other agency in the Bay Area, and if the proposal is approved tonight, the District will still be the agency with the most trails open to mountain bicyclists. Randy Anderson gave a brief background of the trail use policies. The District first adopted trail use policies in 1990 after extensive public input. The policies were intended to provide for safe and enjoyable experiences for all the different users on the trail system. A key policy was policy 1.2, which called for "protecting the opportunity for tranquil nature study and observation." In 1993, trail use guidelines and mitigation measures were adopted to clarify how the trail use designations would be implemented on a trail specific basis. It was found after a period of years that the guidelines weren't successful in addressing the "tranquil nature experience" objective. As voiced before, Director N. Hanko wrote a memo in 1996 asking the Board to review the trail use policies. During 1998 and 1999, the Board took a look at its Basic Policy and reconfirmed that the wilderness experience opportunity be preserved and that might mean that not every user could go on every trail, especially where there were significant conflicts. The opportunity for wilderness experiences should be preserved. Mary de Beauviere, planning consultant and former Senior Planner for the District, stated that over the past year the Ad Hoc Committee members have been meeting with staff to research the issue and to then develop recommendations for full Board consideration. During the course of these meetings, the committee made a number of findings. First, they did confirm that the District has the highest percentage of bicycle accessible trails when compared to other similar bay area public land management agencies. Second, in the period between 1990 and 1998, the District received 57 letters complaining of bad experiences due to mountain bicycles on District trails. Also, between 1996 and 1999, field staff responded to 166 solo bicycle accidents. From this information, there is a real and perceived issue of safety on the District trails that allow mountain bikes. As mentioned earlier, there are no District preserves available to visitors wanting an open space experience where there is no possibility of encountering mountain bicyclists. Taking these issues into account, the committee confirmed that action was required to provide opportunities for tranquil nature experiences and to avoid significant trail user conflicts. Working with staff, the committee proposed to close a total of 13.6 miles of trails in six different preserves and keep one additional reserve closed to mountain bike use to provide some laces where people can o and P p p P P g i not encounter mountain bikes. This proposal would change the percentage of trails open to mountain bikes from 75% to 69%. Preserves were selected to avoid the most popular mountain bike areas and also to provide some regionally distributed areas for hikers and equestrians. The selected seven preserves are small, average 576 acres in size, and provide a variety of trail experiences to visitors. The proposal also includes a guideline to establish a long-range target ratio of 60-65% multiple-use trails (including mountain bicycle use) to 35-40% trails without mountain bike access in the future. There would not be additional closures proposed for trails that are currently open to bicycle use that are currently designated for that use beyond what is proposed tonight. I M. de Beauviere showed overhead slides of each Open Space Preserve proposed to be affected by this proposal and showed the locations: Foothills, La Honda Creek, Los Trancos, Picchetti Ranch, Pulgas Ridge, Teague Hill and Thornewood. She mentioned the maps she used are available to the general public when they called the District office and request a map to the preserve. I 1 Meeting 00-12 Page 3 I I I I I M. de Beauviere stated that this proposal was reviewed at a public meeting of the Ad Hoc Committee on March 9, 2000. Nearly 2,000 people were notified of that meeting. Notice was also posted at all major District trailheads. The Committee members approved the original proposal to be forwarded to the Board for their consideration. Also, the Committee voted 2 to 1 to include an option for Board consideration that the trail closures be in effect on weekends and holidays only. R. Anderson stated the report was prepared by staff to respond to some of the issues that were raised at the March 9, 2000 meeting. Use information was pulled together from the various preserves. As was discussed on March 9, it's difficult to very precisely survey users at District preserves because of the multi points of entries but trail use counts have been conducted. Staff in its report notes its strong opposition to trail closures to be in effect on weekends and holidays only. He explained that the staff report was before the Board tonight for their consideration and any Board decision tonight would be tentative by the Board's policy that states that any major decision requires a final reading at least a month later. Tentatively the final reading would be July j 12. Any closures would be phased in over a period of months. K. Nitz asked for questions from the Board members. D. Little explained the committee decision on March 9' was really a two-prong decision for staff consideration. The original proposal for trail closure seven days a week was forwarded as well as the amended proposal for weekend and holiday closure. An important consideration that the Committee reviewed was the issue of safety and perceived safety. K. Nitz didn't have a question, but he reviewed a matrix of preserves and his understanding of their size and their characteristics. K. Nitz invited the public to speak. He reminded them this was a formal meeting, to keep the proceedings orderly and civil, and to direct all comments through the chair. He asked them to complete a name slip. He asked them to state their name and address for the record. He asked speakers to keep their comments to three minutes. The following people spoke in favor of the proposal: 1. Darwin Poulos, Los Altos 2. Siefken Krieger, Los Gatos 3. Mary Zuirblis, Woodside 4. Roger Myers, Redwood City 5. Marilyn Walter, Portola Valley 6. Susan Dorsey, Woodside 7. Jean Rusmore, Portola Valley 8. Bruce Rosenthal, Los Gatos 9. Rodger Alleman, Los Altos The following people spoke against the proposal: 1. Steven Patt, Cupertino 2. Jim Sullivan, Palo Alto I I I I I I I i i ---------- - - Meeting 00-12 Page 4 3. Kevin Schofield, Redwood City 4. Kathleen Meyer, Campbell 5. Rod Brown, Cupertino 6. Andy Volk, Menlo Park 7. Michael Weston, Los Altos Hills 8. Michael Kelley, Berkeley 9. John Thomsen, Los Gatos 10. Dani Weber, San Mateo 11. Charles Jalgunas, Los Altos Hills 12. Lars Thomsen, San Jose 13. Fred Stanke, Cupertino 14. Cathal Blake, Woodside 15. Ross Finlayson, Mountain View 16. Frederic Lauridsen, San Jose 17. Sarah Blake, Woodside 18. Jim Bodwin, Cupertino 19. Larry Garrido, San Mateo 20. Cornelia Woodworth, Cupertino 21. Karen Morgan, San Jose 22. Don Druyanoff, Los Altos Hills 23. Geoff Fanning, Menlo Park 24. Andy Lott, Sunnyvale 25. Carlos Chang, Cupertino 26. Jim Lauth, Sunnyvale 27. Richard Treakle, Los Altos 28. Steven Banich, Menlo Park 29. Chris Brousseau, Burlingame 30. Jim de la Riva, San Bruno 31. Scott Schlachter, San Jose 32. Jeff Jones, Mountain View 33. Carol Provant, Woodside 34. Ralph Eschenbach, Woodside 35. Peter Luptovic, Mountain View The following person spoke and did not indicate his favor or opposition to the proposal: 1. Harry Haeussler, Los Altos K. Nitz thanked everyone for their input and expressed the Board's appreciation in hearing from them. C. Britton noted some questions from the audience and referred the first to M. de Beauviere, who answered the question regarding notice provisions. She stated that notices were sent out to nearly 2,000 individuals, including agency notification. In addition, notices were posted at all the major trailheads at the preserves. She referenced the sign-in sheet at the back desk should anyone present want to receive future meeting notices. Meeting 00-12 Page 5 I C. Britton stated that the District had received approximately 350 pieces of correspondence on this issue, including emails. He told the Board these were included in their packet and also binders of these correspondence were available at the back desk for the public. The writer received a notice that their letter/email was included in the record, but there were no individual responses to the letters. i I K. Nitz asked for questions from the Board as they were in deliberations. i B. Crowder asked about the regulations regarding parks versus our legislation. S. Schectman i responded that a speaker had cited the District's Enabling Legislation, which provides that the District can plan and operate its trail systems for the public enjoyment of its lands. The District authorizes the Board to regulate the types of recreational uses that will take place on its trails. She noted there was no inconsistency with that legislation and the Board's designating which recreational uses would be in which portion of which preserve. j N. Hanko commented on the question of the poll survey. M. de Beauviere stated the poll referred I to Purisima Redwoods Open Space Preserve and it was started Jan. 1, 2000 and the numbers are presented in Exhibit 5 of the staff report. I I D. Little stated he was the chair of the Trail Use Ad Hoc Committee. He explained the difficult task of his committee. He explained that an important part of the District mission is to provide ecologically sensitive recreational opportunities to individuals who want to use the preserves. The committee has looked at the overall user patterns and has spoken to many individuals. At the March 9, 2000 meeting the biking community suggested weekend and holiday closure, and he endorsed it. Later he heard from the ROMP president who stated that both proposals were completely unacceptable. D. Little is withdrawing his support of the weekend/holiday closure amendment. He repeated the District's purpose was preserving and protecting open space and balancing the needs of its users. He stated that as a hiker he understood the concern with safety and related a personal experience with a cyclist which reflected these issues. He encouraged the Board to vote for staff recommendations. v thanked the public for coming and stated she appreciated their participation in the M. Davey Y P g PP P P II system. She thinks there is an honest difference of opinion on what to do with this issue. She does think mountain biking is important. She hopes the biking community understands when she votes for the recommendation that it is not to penalize the community, but it is the Board's obligation first and foremost to care for the land. She stated the District will have more trails when we buy more land. I B. Crowder stated she is not opposed to mountain biking, but she does not believe they should be I on narrow trails. She referred to Exhibit 7 of the staff report and noted that East Bay only allows bikes on trails that are 8 foot or wider. That is her objective on the Board. i At this point, the Board moved and seconded a recess for ten minutes. i The Board reconvened ten minutes later. I Meeting 00-12 Page 6 Motion: N. Hanko moved to adopt the General Manager's Recommendations 1 and 2 and also the Ad Hoc Committee's Recommendations 1 and 2. B. Crowder seconded the motion. Discussion: J. Cyr stated he came onto the Board with a prejudice toward multiple-use preserves. He states he's seen a change, there's been an impact of significantly increased use, particularly a higher incident of bicycle use. He repeated that the Board represented a broad constituency, not one that appears at any one meeting. He noted the substantial public communication with the Board prior to the meeting, all of which he had read and thought about. A number of those letters were relatively repetitive. He considered very carefully those that provided unique ideas and suggestions. He stated these are management considerations: There are limited resources, limited numbers of people, and 250+ miles of trails and other preserves. He thinks the regional approach to use would be marvelous. The Board does have a responsibility to figure out the most reasonable solution to manage the land to which it is charged. He stated that the Board must also look at the long- term plans for its land. He spoke to a number of interesting ideas that were communicated to the Board. One of his concerns was for linkage to other trails, particularly along the Ridge Trail and he believes the proposals speak to these issues. He believes the staff report is reasonable and he will vote for it. P. Siemens feels the District is the most liberal in allowing bike use of any of the park agencies in the area. Over time, he's seen many people enjoy the preserves, and wants that to continue. What is reasonable about the proposal is the fact that the District is ultimately providing as much as 65% of the land trails for bike use. Over the long run, he feels the bicycle community will benefit from this proposal. He will support the proposal. i Vote: The motion passed 7 to 0. i 'n V. ADJOURNMENT The meeting adjourned at 10:25 P.M. I Jenny Preciado Recording Secretary I I I I I I I I I Regional Open S. -i ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-13 REGULAR MEETING BOARD OF DIRECTORS May 24, 2000 I MINUTES REGULAR MEETING I. ROLL CALL President Kenneth Nitz called the meeting to order at 7:30 P.M. Members Present: Kenneth Nitz,Nonette Hanko, Mary Davey, Jed Cyr, Betsy Crowder, Pete Siemens (7:32 P.M.), and Deane Little (7:32 P.M.). Members Absent: None. Staff Present: Craig Britton, Sue Schectman, Deirdre Dolan, Gordon Baillie, Duncan Simmons, John Cahill, Stephanie Jensen II. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, apologized for remarks made at the May 22, 2000 meeting. i III. ADOPTION OF AGENDA Motion: J. g Cyr moved that the Board adopt the agenda. B. Crowder seconded the motion. i The motion passed 7 to 0. I IV. ADOPTION OF CONSENT CALENDAR N. Hanko asked that the May 8 minutes be amended to correct the spelling of Lauriston Road at the bottom of page 2. I B. Crowder requested the following changes to the May 8 minutes: Page 2, paragraph 5, line 4, add"dated 5/3/00" after the words "Programmatic Section 4(F) document." Page 3, paragraph 5, last sentence, change the word "the"to "some." Page 4, paragraph 5, correct the spelling of K. Comstock's name. Page 5, paragraph 3, sentence 5, change to read, "K. Nitz inquired about a rumor that the Federal government got into the project because, . . ." 330 Distel Circle * Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail: mrosd@o ens ace.or= * Web site:www.o ens ace.or= � p P b P p �, Board of Directors:fete Siemens,Mary C. Davey,Jed Cyr, Deane tittle,Nonette Hanko, Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton i i Meeting 00-13 Page 2 N. Hanko requested that the May 10 minutes be amended to correct the spelling of Artemas Ginzton's name on page 5, second to the last paragraph. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including minutes of the April 26, 2000 Regular and Special Meeting; the May 8, 2000 Special Meeting as amended; and the May 10, 2000 Special and Regular meeting as amended; Agenda Item 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 Managerpprove Incremental Change Orders for TKO Construction in Amounts Not to Exceed a Total of$12,000 ($53,500 Total With Base Contract); Agenda Item 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); Agenda Item 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; Agenda Item 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; Agenda Item 11; Approval of i Director Crowder to Substitute for Director Siemens as a Member of the Board Appointee Evaluation Committee for the Balance of the Calendar Year; and Revised Claims 00-10. J. Cyr seconded the motion. The motion passed 7 to 0. i V. BOARD BUSINESS I A. Agenda Item No. 1 - Presentation on the Proposed Silicon Valley EcoCampus at the Mountain View Shoreline/Charleston Site—(Report R-00-74). I M. Davey introduced Andy Feschelau. I Andy Feschelau, 2091 San Luis Avenue#l, Mountain View, a member of the Peninsula Conservation Center Foundation Board and the EcoCampus Planning Committee, gave an overview of the concept. The Mountain View City Council will meet formally in three weeks and will consider the EcoCampus. He said essentially they were proposing that 4.5 acres be developed as a permanent home for sustainability-related non-profit groups in the region who would work together with the corporate parks surrounding the site. He said they are asking for support from the Board as an organization and from individuals who are interested in helping. He said there were political and budgetary issues in City of Mountain View, and they are looking at other sites if this one does not work out. He said the District was the first public agency they have come to for support. i Meeting 00-13 Page 3 N. Hanko suggested that the Board endorse the concept without endorsing the location. B. Crowder agreed. Staff will return to the Board with a recommendation for official support at their next meeting. P. Siemens suggested they remove reference to Silicon Valley from the title of the project. B. Agenda Item No. 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(CE0A) 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—(Report R-00-64). T. Fischer presented the staff report. K. Comstock, Vice Mayor of the Town of Portola Valley, said this had been a joint effort between the Town and the District and he very much appreciated the working relationship between the respective staff members. T. Fischer told the Board that the agreement before them at this meeting was the same as the one they approved on May 3 except that the cover page was dated May 15. Regarding the change of the language on seeding techniques, C. Britton explained how the wording would be changed in the easement agreement but not the 4F. S. Schectman said if there was a need for reseeding, both parties can agree to amend the document to add additional seedings. C. Britton said the assumption is that the construction will be completed this year. There is an ongoing requirement to maintain the reseeding for three to five years, and the project biologist will be looking out for it. He reminded board members that this item required a unanimous vote in order to pass. He noted that there is a finding in the resolution that the granting of this easement is consistent with the open space use of the land. This is a required finding. S. Schectman thanked Duncan Simmons in addition to other staff members who had been acknowledged at a previous meeting for working on this project. Motion: B. Crowder moved that the Board determine that the recommended actions are exempt from the California Environmental Quality Act (CEQA)as set out in the staff report; adopt Resolution No. 00-28, 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 --------- - - - - Meeting 00-13 Page 4 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). P. Siemens seconded the motion. Roll Call Vote: The motion passed 7 to 0. AYES: Crowder, Cyr, Davey, Hanko, Little, Siemens, Nitz NOES: None ABSENT: None ABSTAIN: None C. Agenda Item No. 3,Approval of Agreement for District Operation and Management of Santa Clara County Rancho San Antonio Park; Determine that the Recommended Actions are Cate 2orically 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 (Report R-00-49). C. Britton introduced John Brazil, aide to Supervisor Joe Simitian; and Paul Romero, Director of Parks and Recreation and Acting Director of the Environmental Resources Agency for Santa Clara County. He provided background information and said this dated back to the formation of the District. He said Rancho San Antonio County Park is really the gateway to the District's preserve, and he thought it was fitting that the District think about managing the facility. He said Sup. Simitian had been outvoted regarding fees for county parks. He added that there would be some costs associated with the District managing the park. G. Baillie noted some changes to the agreement and said the County certificate of insurance was attached to the agreement. He reviewed the staff report. Paul Romero talked about the contract for Sheriff patrol and the relationship between the preservation of the heritage California Bay-laurel tree and removal of the handball court. J. Cyr commented regarding concerns about District management of urban park facilities, stating that he thought the agreement had answered most of those concerns. C. Britton said the agreement affects field staff more than any other group. The difficulties are pointed out in the staff report. He said he thought they had been able to address most of these issues. Meeting 00-13 Page 5 N. Hanko said this Board has taken a strong position in the past against the county charging fees; she felt it is the County's responsibility to provide parks through taxes and was opposed to the County charging fees. It should be noted by the people who live around the park that this is a protection for them against having people park in their neighborhood. She said she would like to see the District take the leadership in providing a brochure letting people know what has happened. She said this is an opportunity to show that we have a partnership with the county and it has worked well over the years. C. Britton noted that article 6 on page 6 specifically addressed signing and brochures. P. Romero said that from the County's perspective, they appreciate the District's position regarding the fees. He talked about the history of the fees and noted that there are conditions for free use of the parks. He thought this was a great solution and commended staff. He talked about the number of parking citations, and said it would depend on how aggressive the District wanted to be. He said they had started talking to people from an educational perspective so there was better compliance and therefore fewer parking citations. He said the money from parking citation fines goes to the court, not the County general fund. C. Britton noted that in the first year they will not hire personnel for additional patrol, but will analyze the cost. He explained how the Deer Hollow agreement had taken place. G. Baillie stated that as far as enforcement of County ordinances, they are maintaining the status quo. B. Crowder had concerns about the trail from the water tank to the road and the District's liability. C. Britton said this was originally the road to build the new water tank. The plan was to have a switchback trail, but the decision was made to leave it as is. P. Romero said the County can work with the District to address resource issues. C. Britton said because the District is short handed, it will be a year before District staff starts looking at resource issues. Signing and brochures will be done first. B. Crowder said she saw no reason why County residents should not pay and she believed this proposal contradicted the District's mission statement and objectives. N. Hanko said the District has a policy to provide for cooperation with other agencies. She said she would like to see the $1.5 million invested in a way to cover costs that might accrue over time. C. Britton explained that the money we are receiving from the County is from their acquisition fund so we have to use it for acquisition. In regard to the grotto, S. Schectman said the District has taken no management, repair, operational, enforcement, or regulatory responsibility for it, and it is owned by the County. The contract is written to absolve the District of responsibility. G. Baillie confirmed that there is no additional staffing for this fiscal year. C. Britton said in the future the appropriation requested in recommendation 4 would be part of the budget, and would be worked out with the Administration and Budget Committee. I I Meeting 00-13 Page 6 G. Baillie answered questions regarding "other contract services"referred to in Exhibit 3. He said they included parking citation processing costs and tree work. He said the increase was calculated at 6 percent on both investment and return. P. Romero said the County has budgeted for the repair of the entry road from Cristo Rey to the parking area. C. Britton said the County will not keep this on their regular road repair cycle. In regard to the dirt area, G. Baillie said staff felt it would not be improved by going in and doing work. The new fencing is subject to a side letter which is still being worked on. P. Romero said there are two fences, one of which is on current property and they have committed to put it up. The other properties are not yet owned by the county and are not part of this agreement. He said they are working toward getting improvements done, including trails. Regarding the California Bay-laurel tree, P. Romero said to modify properties that are part of the master plan requires going through the amendment process. C. Britton said the County will start the process of preserving the tree and part of the process is looking at the handball court. P. Romero said part of the preservation is putting a fence around the tree. They are talking to an arborist. In regard to termination of the agreement, S. Schectman talked about the terms. H. Haeussler was informed that the county collected $200,000 annually for parking fees. He asked staff if they had estimated what it would be worth to the District to pay the County the $200,000 compared to taking over management of the park. He expressed concern about notification of the public of the two jurisdictions and the two sets of rules to be followed. C. Britton said there would not be two sets of rules because they will be enforcing District ordinance and a few of the County ordinances, which is what they do now at Rancho. The signing and brochure program will try to address the question. Lorraine Alleman, Los Altos, said she hikes at Rancho San Antonio and is a volunteer I patrol member. She stated that there are many in Cupertino who are not rich, and many people who hike at Rancho who are not from Cupertino. I I Anna Ajemian, Cupertino, said this was a great idea. She said people go to the park on their lunch hour for stress relief. She described the different groups of people who use the park. I f Motion: J. Cyr moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report; 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, as outlined in the staff report; approve the addition of one regular full-time Open Space Meeting 00-13 Page 7 i Technician position and an additional 750 hours of Seasonal Open Space Technician hours for management assistance for Fiscal Year 2000-2001; and 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. D. Little seconded the motion. Vote: The motion passed 6 to 1 (Director Crowder voted no). i There was a recess from 9:35 P.M. to 9:43 P.M. D. Agenda Item No. 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 i the Former Lee Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve—(Report R-00-72). i C. Britton outlined staff s recommendations. Motion: B. Crowder moved that the Board adopt Resolution No. 00-29, 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 j 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). M. Davey seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5 - Authorization to Solicit Bids to Repair Storm Damage andI� 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 - (Report R-00-71). J. Cahill presented the staff report and noted that this was a two-phase project. He said the bridge is rated for 12,000 pounds and has a non-skid stick-on surface with small perforations for drainage. He said the log jam will remain for now. i Motion: P. Siemens moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act (CEQA)based upon the findings contained in the staff 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; and tentatively amend the Trail Use Plan element of the Comprehensive Use and Management Plan for El Corte de Madera Creek Open Space Preserve to Meeting 00-13 Page 8 permanently reroute Virginia Mill Trail. J. Cyr seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 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— (Report R-00-761. C. Britton reviewed the staff report. Motion: N. Hanko moved that the Board adopt Resolution No. 00-30, 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). D. Little seconded the motion. Discussion: S. Schectman said they are awaiting formal dismissal of the Arlie litigation, and they are optimistic that will happen. P. Siemens suggested putting out a press release on this matter. Vote: The motion passed 7 to 0. VI. INFORMATIONAL REPORTS P. Siemens talked about hiking at Russian Ridge and said the wildflowers are still beautiful. N. Hanko talked to Bill Feldman, appraiser for Palo Alto, about the status of the Bressler property. She said it looked like council was about to act. B. Crowder: 1. She said M. Davey chaired the successful auction for Committee for Green Foothills. 2. She attended the Sempervirens Fund I 00th birthday party at Big Basin on Saturday. 3. She referred to a fax from Roger Myers regarding his comments at the May 22 hearing. C. Britton: 1. He reported that N. Hanko and J. Cyr participated in the interviews for public affairs manager and introduced Stephanie Jensen who was appointed to that position. 2. The special Board meeting planned for May 31 at 7:00 P.M. will be a workshop regarding the Draft Service Plan for the annexation area. Material will be sent to the regular list and the coastal list. 3. He reported on J. Escobar's condition. 4. He said he would be following up on the incident at the meeting Monday night. 5. He had tapes of Channel 4 and Channel 11 news reports about that meeting and closure of the trails to bicyclists. S. Schectman: 1. She attended the Continuing Legal Education Conference at the League of California Cities, and had a booklet with tips for securing voter approval of local revenue measures. 2. Regarding the coastal annexation, she was working with C. Britton to set up a meeting in Sacramento with the Farm Bureau Attorney. _I I Meeting 00-13 Page 9 G Baillie referred to a letter from the Santa Clara County Fire Department regarding cancellation of the Rancho de Guadalupe burn. C. Britton showed the news clips. VII. ADJOURNMENT At 10:30 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary i I I I I I I I I I I I I I � I i Regional Open S, 4ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-93 Meeting 00-16 June 28, 2000 AGENDA ITEM 1 i AGENDA ITEM I Presentation by the Santa Clara Valley Water District on Their Proposed Clean, Safe Creeks and Natural Flood Protection Program i DISCUSSION Mr. Gregory A. Zlotnick, Chairperson of the Board of Directors of Santa Clara Valley Water i District, has asked for time on your agenda to provide a short presentation on the proposed renewal of the Clean, Safe Creeks and Natural Flood Protection program. The program would be the renewal of a benefit assessment district which would be put before the voters of Santa I Clara County in November, 2000. The Water District is also seeking your support of this proposal and has included a letter and sample Resolution for your consideration. The Water I District representative I spoke with was told that if you are willing to consider official support P P Y gI of this proposal, an agenda item would need to be placed on your July 28, 2000 meeting for deliberation, since this will be the first time you have received any information on this program. Prepared by: L. Craig Britton, General Manager I I I Contact person: I Same as above Attachments: Letter Sample Resolution 330 Distel Circle + Los Altos,CA 94022-1404 « Phone:650-691-1200 ° FAX:650-691-0485 - E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - Genera]Manager I Craig Britton 7 Age • s Clara Valley J 5750 ALMADEN EXPWY SAN JOSE, CA 951 18-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 www.scvwd.dst.ca.us AN EQUAL OPPORTUNITY EMPLOYER VIA FAX & U.S. MAIL June 20, 2000 Mr. L. Craig Britton, General Manager MIDPENINSULA REGIONAL OPEN Midpeninsula Regional Open Space District PACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Dear Mr. Britton: I am writing to request that the Midpeninsula Regional Open Space District consider the attached Resolution in Support of our Clean, Safe Creeks and Natural Flood Protection Program. Protecting homes, businesses and transportation networks from the devastating effects of floods is one of the main jobs of the Santa Clara Valley Water District (District). Through the years as the county's population and economy have grown, the District has worked hard to keep pace with the construction of appropriate flood protection projects. Over the last three years, the District has been working with our community stakeholders, constituents and customers to design a flood protection and stream stewardship program that is reflective of our community's values. The average homeowner in Santa Clara County is assessed between $17 and $59 a year, and the average business between $139 and $474 per acre a year, to fund our current program through benefit assessments. In addition to those funds, during the past 20 years the District has successfully pursued and secured more than $200 million in state and federal money for local flood protection efforts by leveraging those local revenues. As a result, completed flood protection projects have removed the danger of flooding from thousands of homes, businesses and transit corridors. These projects serve every county resident, even those who do not live near a creek or river, by working to keep our roads and highways, schools and shopping centers safe from flooding. In addition, the District takes its stream stewardship role seriously and all projects strive to maintain or enhance the natural qualities, scenic beauty and recreational opportunities of our local riparian corridors. However, a significant source of funding for these programs, the voter-approved benefit assessments, expires in June of this year. Without renewed funding, no new projects can be undertaken, maintenance of existing facilities would suffer and the protection they provide will deteriorate. In addition, the important environmental work done as part of the District's stream stewardship efforts, such as stream restoration, fish barrier removal and efforts to reduce pollution in San Francisco and Monterey Bays, would receive significantly less funding. 10616 recycled paper I Mr. L. Craig Britton June 20, 2000 Page 2 1 would be pleased to come and present our program to your Board during a meeting in July. Mr. Rick Callender, our Local Government Relations Representative, will be contacting your staff to discuss the possibility of scheduling such an appearance. Thank you for your consideration of my request, I look forward to working with you and the Midpeninsula Regional Open Space District on this important issue. Sincerely, Gregory A. Zlotnick Chair/ Board of Directors GAZ:cmr Attachment c: Deirdra Dolan—wl attachment Rick Callender SAMPLE RESOLUTION NO. A RESOLUTION OF (YOUR ORGANIZATION) RESOLUTION IN SUPPORT OF CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION WHEREAS, the Santa Clara Valley Water District (Water District) works to ensure that creeks and channels can safely carry floodwaters; that water in our creeks and bays is clean and safe; that natural resources in our creeks and watersheds are preserved and enhanced; and that additional open space and trails are provided; and WHEREAS, the Water District's voter approved benefit assessment will sunset in June 2000 and the Water District is now considering submitting a special tax ballot measure to Santa Clara County voters in November, 2000; and WHEREAS, this ballot measure would fund the Water District's Clean, Safe Creeks and Natural Flood Protection Program; and WHEREAS, the Clean, Safe Creek and Natural Flood Protection Program will help preserve and improve our quality of life by providing: • Homes, schools, businesses and highways with protection from flooding and erosion; • Clean, safe water in our creeks and bays; • Healthy creeks and bay ecosystems; • Trails, parks and open space along creeks; and WHEREAS, this ballot measure would require a two-thirds voter approval, which would demonstrate overwhelming voter support; and WHEREAS, flooding and stream protection are regional issues and this measure is important for (Your Organization) in that it would provide flood and stream protection to ensure that our creeks and channels can safely carry floodwaters away from our homes, businesses and local roadways to San Francisco and Monterey Bays and preserve and protect the waters and natural resources which contribute to our quality of life; and BE IT RESOLVED that (Your Organization) supports the Water District placing the proposed pro-ram for Clean, Safe Creeks and Natural Flood Protection on the November 2000 ballot. Beyond 2000: Clean, Safe Creeks and Natural Flood Protection f:. The water district's flood protection and stream stewardship programs emphasize working with rivers and floods rather than against them.Our programs help reduce property damage,reduce disruption to business and ensure that people can travel to jobs and schools during even the wettest winters.We also improve water quality,create healthy ecosystems,ensure cost-effective investments of taxpayer dollars and preserve the quality of life in the Santa Clara Valley. ` As with any public service,the cost of the water district's efforts is borne by the community.Funds ROADare collected from a variety of sources,including local property taxes and benefit assessments. i / We have also worked diligently to maximize other funding sources.In the past 20 years more than CLOSED $200 million in federal and state funding has been allotted to projects in our county—funds that would not have become available without a local share.The benefit assessments sunset in June + �► / 2000,per the voter-approved ballot measures which authorized their collection in 1986 and 1990. In anticipation of this June 2000 benefit assessment expiration,we carefully analyzed all possible ,{ replacement funding sources,budget cuts and strategic fund commitments.We also invited public participation in developing future programs and identifying funding sources.We met with _ policymakers and community and business leaders throughout the valley and conducted public a surveys and workshops. ar The result is a proposal for a comprehensive flood protection and stream stewardship program that reflects community input—funded by several sources.The full program will emphasize a balanced approach based on sound environmental principles,stress careful fiscal management and strive to provide benefits in every community. I rl Scant: a Claf a Valley However,there is a revenue shortfall of 39 percent of the total funds needed to provide this pro- Wafer District gam—nearly$25 million annually.The$25 million revenue shortfall equates to approximately $39 per household per year.This revenue shortfall could be recouped through fees and special charges,or by asking county voters to approve a special parcel tax. We will continue to work with our partners in the community to successfully implement the Call us up Beyond 2000 Flood Protection and Stream Stewardship program.Together,we can preserve the valley's quality of life. 1Visit our site at. Funding Sources for: j •Natural Flood Protection •Clean,Safe Water in Creeks •Healthy Creek Ecosystems •Trails,Parks,Open Space write us at- Budget Cuts& Reallocations Existing Revenue 14% 39% I � � I Revenue Shortfall Federal 391/6 Contribution 8% j I ' SAMPLE RESOLUTION NO. _ I A RESOLUTION OF (YOUR ORGANIZATION) RESOLUTION IN SUPPORT OF CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION WHEREAS, the Santa Clara Valley Water District (Water District) works to ensure that creeks and channels can safely carry floodwaters; that water in our creeks and bays is clean and safe; that natural resources in our creeks and watersheds are preserved and enhanced; and that additional open space and trails are provided; and WHEREAS, the Water District's voter approved benefit assessment will sunset in June 2000 and the Water District is now considering submitting a special tax ballot measure to Santa Clara County voters in November, 2000; and WHEREAS, this ballot measure would fund the Water District's Clean, Safe Creeks and Natural Flood Protection Program; and WHEREAS, the Clean, Safe Creek and Natural Flood Protection Program will help preserve and improve our quality of life by providing: • Homes, schools, businesses and highways with protection from flooding and erosion; • Clean, safe water in our creeks and bays; • Healthy creeks and bay ecosystems; • Trails, parks and open space along creeks; and WHEREAS, this ballot measure would require a two-thirds voter approval, which would demonstrate overwhelming voter support; and WHEREAS, flooding and stream protection are regional issues and this measure is important for (Your Organization) in that it would provide flood and stream protection to ensure that our creeks and channels . can safely carry floodwaters away from our homes, businesses and local roadways to San Francisco and Monterey Bays and reserve and protect the waters and natural resources which contribute to our quality P q y of life; and BE IT RESOLVED that (Your Organization) supports the Water District placing the proposed program for Clean, Safe Creeks and Natural Flood Protection on the November 2000 ballot. I I I I I I I I Attachment 1 Clean, Safe Creeks and Natural Flood Protection Program ESTIMATED ANNUAL FUNDING NEEDS OF $25.4 MILLION Trails and Open Spaces 4% ($0.9 Million) Healthy Creek and Bay Ecosystems 13% ($3.4 Million) Water Quality 10% ($2.5 Million) Flood Protection 73% ($18.6 Million) Santa Clara Volley Water District Attachment 1.xls 3/21/2000 Attachment 2 Clean, Safe Creeks and Natural Flood Protection Program Elements Stkyty`y�,�t.#w'�1j�}Ri i'O'��,'C'��Ct�1`P�'�9►��"�1'1"1 `y ��11e��!f�Sel"VICe 2. There is clean, safe water in our creeks and bays • District urban runoff pollution prevention • Co-permittee with other local agencies and expand to Llagas/Uvas Watersheds. • Hazardous materials management and incident • Respond to each incident within 2 hours (40 response including reservoirs incidents per yr) and provide 4 hazardous material disposal events/yr. Expand service to Llagas/Uvas Watersheds. • Impaired water bodies improvement • Reduce or prevent additional impaired waters, total maximum daily loads, and South Bay monitoring • Good neighbor maintenance • Proposed 4 events/year of trash removal, graffiti removal,fence repair, and 5-day response to graffiti/trash pickup complaints. • Pollution prevention programs Partnership with the county on general surface water quality protection program/outreach 3. Healthy creek and bay ecosystems are protected, enhanced or restored as determined appropriate by the Board. • Creek maintenance to protect healthy creek& bay Vegetation management on 3,580 acres ecosystems, and preserve existing flood water conveyance capacity in creeks. • Community partnership to identify and implement Construction or restoration of tidal or riparian environmental restoration, Fisheries management& habitat. Protection or restoration of fish passages restoration and habitat. 4. There are additional open spaces, trails and parks along creeks and in the watersheds when reasonable and appropriate. • Community partnership to identify and construct Construct an equivalent of 4.7 miles of trails trails and recreational uses annually. rate comparison 3.xls(Blu-2-2000) Adopted: 1217/99 I Attachment 2 Clean, Safe Creeks and Natural Flood Protection Program Elements "arir©ta�a�Prograrr� � eue °of Serw�ce ��i11ds �tate111e�#S a11Cf ��tlllltMeS T 4�< 1. Homes, schools, businesses and transportation networks are protected from flooding and erosion. • New flood protection construction Complete construction to provide one-percent flood protection. Permanente Creek Protection for 1,664 Parcels: 1,378 Residential, 4 (SF Bay to El Camino) Schools/Institutions, 159 Businesses, 1 Public, 122 Other' San Francisquito Creek Planning & Design to meet community objectives (Planning&Design SF Bay to Searsville Dam) Sunnyvale West Channel Protection for 11 Parcels: 3 Businesses, 1 School, (Guadalupe Slough to Hwy 101) and 7 Other' Calabazas Creek Protection for 2,483 Parcels: 2,273 Residential, 1 (Miller Avenue to Wardell Road) Agriculture, 92 Business, 1 Public, 7 Schools/Institutions, 109 Other' Sunnyvale East Channel Protection for 1,618 Parcels: 1,450 Residential, 2 (Guadalupe Slough to 1-280) Schools/Institutions, 2 Churches, 95 Businesses, 69 Other' Upper Guadalupe River2 Protection for 6,989 Parcels: 6,279 Residential, 3 (1-280 to Blossom Hill Rd.) Agriculture, 10 Schools/Institutions, 324 Businesses, 4 Public, 369 Other' Berryessa Creek2 Protection for 1,814 Parcels: 1,417 Residential, 7 (Lower Penitencia Ck to old Piedmont Rd) Agriculture, 5 Schools/Institutions, 169 Businesses, 216 Other' Upper Llagas Creek2 Protection for 1,397 Parcels: 821 Residential, 6 (Buena Vista to Wright Ave.& W.Little Llagas) Schools/Institutions, 190 Agriculture, 195 Businesses, 2 Public, 183 Other' Coyote Creek Planning & Design to meet community objectives, (Montague to 280) with partial construction. • Creek maintenance to preserve existing floodwater 80,000 cubic yards of sediment removal conveyance capacity in creeks and protect healthy creek& bay ecosystems. • Maintenance of newly improved creeks 46 miles of newly improved creeks maintained 5. Notes: 1."Other"includes parcels that are vacant or unknown land use. 2.The Program assumes that these projects will receive Federal matching funds. rate comparison 3.xls(Blu-2-2000) Adopted: 12/7/99 Attachment 3 Sri CL mcr Clean, Safe Creeks a n d Natural Flood Protection .� N11 Program Prererve d Prome. Contact List GENERAL INFORMATION (408) 265-2600 Dial (408) 265-2607 with the following extensions: Flood Protection and Stream Stewardship Program Information Jim Fiedler, Deputy Chief Operating Officer 2736 Rick Callender, Government Relations Representative 2017 Board of Directors and Clerk of the Board 2270 Flood Protection for Homes, Schools and Businesses Information on planned projects: Randy Talley, Supervising Engineer 2611 Flooding, Emergency Information & Sandbag Locations 888-Hey-Noah Sandbag Disposal 2459 or 2413 Clean, Safe Water in our Creeks and Bays Creek Clean-Up events and Adopt-A-Creek Program 2049 Illegal Dumping of Trash in the Creeks 2378 Public Information Office 2238 Permits for Projects Near Creeks 2253 School Program 2331 Underground Storage Tank/Fuel Leaks 2649 Water Conservation Hot-line 2554 Well Information 2660 Non-point Source (storm water) Pollution 1-800-794-2482 Hazardous Materials in Waterways 1 -888-510-5151 Trails, Parks and Open Space Current or planned partnership agreements 2253 Current recreational opportunities County Parks (408) 358-3741 City of San Jose Parks (408) 277-4477 District Web Page www.heynoah.com Santa Clara Volley Water District Attachment 4 Sr4 CLARp iER 0,571RICT Watershed Tour Web Page r n Y ,, Won dei g h ow plans for the future e®�o® affect your home or business? Find out on-line. It's easy. Here's what you do: 1) Go to www.heynoah.com 2) Click on the Beyond 2000 icon ---' ?oba 3) Enter in your zip code; scroll to find your address 4) Now check out all the great stuff you can find, such as: If your home or business is in a floodplain Trails, parks and open space in your neighborhood Flood protection construction projects Sandbag locations in your area. Find out where you can hike on a creekside trail in L4our area!_ r — — — — —— S— — — —Flo CVWD od Protection and Siream Stewardshrp Program]Cements for:91'Lake Tahoe Ct,San Jose 951_3 1 I 1 1 Y_r 'hails.Pads. F od Prot,-vcm Rwrg7, Creek ¢_:u Mats pl-bik Lc.i Cloy,Wz,Lroto 1 y7dwhed en o ace C=Muction Remcrose wiaaVerwnce Prrucycn rro Y to 1 I �_ rtutl Awvnuss Dereloczx.su b Locuim�oLrti.m t. J m a x Qr q1 arks 1 � ��Open Space 1 Trails P 47 What the water district does: 1 Partner with ti s th 0 cl e e t �� county and open space 1 �A .3 districts to provide creekside 1 •ir -- _4. — _._. Itdr. p arks and trails and to 1 preserve naturalfloodplains '- i as open space resources. What you can do: 7Z .cm Volunteer to keep your local creek or trail clean.Join the 1 water district's I fff�� Adopt-a-Creek pro gram or I 1Yovr MSxisifn6 j` 'Pr posed . Parks h 1 Locntioa Crocks , v — ) I 1 rr.m rr ,'type„gpsnc p articipate in fall and spring fL Santa Clara Valley Wafer DisEricE Attachment 5 Clean, Safe Creeks and Natural Flood Protection Program Proposed Additional Revenue and Expenditures Allocation by Watershed agas Lower Revenue by Watershed Uva s/L s/Ll l ($ Millions) Peninsula $3.7 Coyote $6.3 West Valley �r $6.3 ! fir' Guadalupe $7.7 Lower Uvas/Llagas Peninsula $3.2 $3'7 Expenditure by Watershed l ($ Millions) Coyote $5.4 West Valley $6.2 Guadalupe $7.0 f w:\..\Rev-Exp Pie Chart.ppt Sonic Clara Valley Water District I I I I Attachment 6 Clean, Safe Creeks and Natural Flood Protection Program P ragrarri R:" t+�' "�� r�t Potential County-wide Land Use Category Benefit Assessment(e) Program Rates by FY 00-01 Watershed (Zone) Current Post Sunset(d) $39/Yeartbl TotaIlRate FY 99-00 FY 00-01 edntta11�� 4t ), ndaa ►� iz ? !tlt ak Lower Peninsula (Northwest) $59 $48 $87 West Valley (North Central) $17 $18 $57 Guadalupe (Central) $37 $31 $39 $70 Coyote (East) $37 $28 $67 Uvas/Llagas (South) $59 $19 $58 Caiitnercaltartt�r�a �ittu ( 1 ,Acre+rj �; Lower Peninsula $119 $96 $174 West Valley $35 $35 $113 Guadalupe $74 $62 $78 $140 Coyote $74 $56 $134 Uvas/Llagas $119 $3 8 $116 C�i `hnerc�at��n�ustr�al(Ferer�) . _ ,� J Lower Peninsula $474 $384. $696 West Valley $139 $141 $453 Guadalupe $296 $246 $312 $558 Coyote $296 $224 $536 Uvas/Llagas $474 $152 $464 �Slttrraal nth el�+ ols � e �aiat(I4 + oress . Lower Peninsula $89 $72 $131 West Valley $26 $26 $85 Guadalupe $56 $46 $59 $lOSj Coyote $56 $42 $1010 Uvas/Llagas $89 $29 $87 Lower Peninsula $356 $288 $522 West Valley $105 $105 $339 Guadalupe $222 $185 $234 $419 Coyote $222 $168 $402 Uvas/Llagas $356 $114 $348 Notes: a. Rates for each parcel are based on estimated amount of runoff depending on land use category and are shown in dollars rounded to the nearest$1. b. Under the potential County-wide rate,residential parcels larger than 1/4-acre pay the minimum assessment for the first 1/4- acre and$2 per acre for the remaining acreage. c. Benefit assessment approved by voters in 1986 in Northwest,Central,East and South Zones; 1990 in North Central Zone. d. Post sunset benefit assessment rates are estimated based on land use data provided by the county in April 2000. Actual rates will be set based on final land use data which will be available in July. Santa Clore Volley Water District O j residential-commercial rates 2000.x1s DRAFT 5/23/00 I I I CRff Creek �5 ° Calaveras Santa Clara County citos Creek t Reservoir CO"' Watershed Areas �ti 1 IDS k No Zone 0 4 er PALOALT P °r `�Y iednlont SBµell4s Designation vr6 °�• ` ILP/T S Lo Crer Proposed Flood Damage Berryessa Reduction Construction Program Swot rt Creek ee 2000 to 2015 Felt Lake P :i.l r cxy E�ITEN%T CIA CREEK 01 ;, Santo Clara Volley Water District Q L y Z \ t LOS 'A 2 ALTOS = a HILLS �., ersion So �`x4 �r4 •.-'t•. phi .S=>:, (, B annel SUNNYVA E to � rt o p' 2, •pp r tf 11 ME.TE.rn Rn p J ti tee �./ ,-.r�� lone t Juni era.e a } d` ub' C /*._ 11 P annr NOTE I � a ek m'• r s r k C o e C 9 e d r o C I FL D PLAIN o OD a �O / 4 S I I' i N,"" '�')'"' SAN CAR1A.S ST � �O � �� N y All water district projects are designed to UPE s;\ ooT� � b Coyote Wader hed meet the national standard established eel f Federal wer Peninsula Watersheds ,,c` wo aN5 a = ,ee� 1 t>R„ V „ier`r"k Lgency FEMA)which Emergency Management onoad that has �e 3 ��°5 '~ _i •'4 Ever een reek I chance of occuring in a given year. S +s rz z ?� CREFA s Cne > yr Stevens Creek .'` © CAMP ELL Y qq d Reservoir 1= Anderson Reservoir S A a ildc ° c' N T SAN JOSS °'' �' y 0�0 Creek Yu , - �': Pyo .y �.` E ; / Creek• o'^ � f N U HILL Bonie L asona Cne �S eservoir teeF CkesDro `` r' 0 e CT Reservoir �" Y S West V Hey Watersh ds Mo _ )SSOM 11 Rv r of ^�� :., - Coyote E - LOS Reservoir GLTOS 'yam"ems Lea E\LA LY IF Coyote Watershed sb'q °GYq �eee.F S � p Uws Legend " Creek Reservoir <► i 1%Flood Plain Limits Ak, g v4 ` c :E i/ Tidal Flood Plain Limits Aut•K Lexington Reservoir Guadalupe N � Calera Reservoir eservoir 01 •' s 1%Flood Plain Removed By Program Watershed Boundary Guadalupe Watershed ■ ■ 1 Planning Only l Projects Funded B 1 1 y � ✓q�, Almaden SOUTH COUNTY Flood f E:cie" Revenue �i - Damages Reduced ? Cq 9kes Reservoir Uvas/UagaS Watersheds GILROV i ■ ■ I Planning&Design Projects Funded By /l¢fbeft t oa i - Flood Damages Reduced } Special Tax Creek f rr :r C kt:r.ti '0 rl . ` 1 PALO ALT Pled r;`ry < N It x Fell \ rr� ` v V Lake � i 01 R� L OS _ LOS TO ALTOS l a SANT ' HILLS - \ CLARA C: F - hunnrl SUNNYV E r JJ� `tM 'F - anne ♦1 Creeik c A UPE ! f i L Wei- PeTIHISLIki ��.IM—Sheds - Cree i - Steven.% i Creek �� ` © CAMP ELL Reservoir f a¢ j i ii S ATO A l� 4'ildr �RAr ni2'h s'r"'r C reeA SAN JOSS C reed. of any �� i E W-+ Borge l� asonu r Crre -+= eservoir •` / t'• S Wc st V I lev \Vatcrsh MO E r , E LOS GATOS Legend rr•� _ R 1%Flood Plain Lirrdta* Lexington Tidal Flood Plain its f Guadalupe Reservoir Reservoir 1%Flood Plain Removed By Program S rs� R•ucrehcdBoundary �7ltcll�il�lj�ll �� ijth��htl� ■ ■ 1 Planning Only Projecu Funded By - Flood Damages Reduced Existing Revenue ■ ■ Planning&Dati g^ Projects Funded By \Ji Flood Damage Reduced } Special Tan i a Calaveras Santa Clara County Creek Reservoir "5 c'epk Watershed Areas COe I'I No Zone ``k � No tnr„"� 5 8�rllti- ° T Proposed Flood Damage NILPI S Berryessa Reduction Construction Program Swei re Creek 2000 to 2015 ee �ctA CREEK Santa Cloro Volle Woter District ;iTE y •is� pE :e 7 0 7� ft e Ctee Sawrh d n4 a d6 (} k • P T_+ Creek t •' Rob. *NOTE ood Creek I%FLOOD PLAIN roF ,° All water district projects are designed to oTF s` N .�r Coyote Watershed meet the national standard established ler Creek by the Federal Emergency Management Agency(FEMA)which is a flood that has r 4 Ever reen Creek a I%chance of occuring in a given year. L�� cREE:Y Reservoir ee11 N • � � E MORGA HILL - Chesbro t DC Reservoir 4 k role r' a Reservoir C Ccl�cnr Wutrrshcti ` Uves z h e Reservoir cM c ` a r> f - 3r`r Fin 1Calero •' `rr ,. rR "f eservoir 01 A ^•F �lY�V �._ t Almaden SOUTH COUNTY � r4`�er. Reservoir Uvas/Llagas Watersheds GILROY y�ety`r< � eQ Regional Open S, ice ` ' 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-91 Meeting 00-16 June 28, 2000 AGENDA ITEM 2 AGENDA ITEM Approval of License Agreement Permitting Big Creek Lumber-Company with the Right of Access Across District Owned Land at Bear Creek Redwoods Ope Space Preserve GENERAL MANAGER'S RECOMMENDATIONS: 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 General Manager to execute the License Agreement with Big Creek Lumber Co. for access at Bear Creek Redwoods Open Space Preserve. DISCUSSION In June 1999, the District acquired the 260 acre "lower" portion of Bear Creek Redwoods Open Space Preserve and leased the 805 acre "upper" property from Peninsula Open Space Trust. Prior to the acquisition of Bear Creek Redwoods Open Space Preserve, Big Creek Lumber Co. (Big Creek) purchased a limited right to harvest timber on the upper property, with a small portion on the lower property. As of May 31, 2000 the District is owner of residual timber rights on the upper property. At the time of the acquisition Big Creek already had an existing Timber Harvest Plan (THP) on the Dyer Creek Unit on the upper property, which was completed in the fall of 1999. In April of this year, Big Creek submitted a THP for the Webb Creek, Aldercroft Creek, and Collins Creek drainages located on the upper parcel (see attached map). The California Department of Forestry and Fire Protection (CDF) recently approved Big Creek's THP and as a result, timber harvest activities will begin before the end of June. Big Creek expects timber harvest operations to be completed by the end of 2001. The planned timber harvest for this year encompasses both the upper reaches of Webb Creek and Aldercroft Creek. The timber harvest this summer will begin with the timber falling for the first 2-3 weeks before any other operations begin. This will be followed by landing area construction and any temporary road work that might need to be completed before log skidding and hauling begins. Log hauling is then expected to continue until the "winter period" begins around October 15. However, timber falling activities under the plan are anticipated to continue during the winter as allowed by CDF. In conjunction with timber falling during the winter, skyline cable yarding will also continue. This is not expected to have any impact on the Preserve road system (see 330 Distel Circle e Los Altos,CA 94022-1404 e 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 •General Manager:L.Craig Britton { R-00-91 Page 2 attached map) due to regulations limiting vehicular equipment operations during this period. Following the "winter period", normal timber operations will resume throughout the THP area. Upon completion of the THP, all landings and skid trails will either be grass seeded or covered with slash, as was done in the Dyer Creek Unit last fall. District and POST staff have worked closely with Big Creek's foresters to address our concerns. Big Creek has been receptive to the District's suggestions and concerns, and has agreed to mitigate these matters through numerous measures. In the THP, Big Creek has voluntarily taken measures to improve the Preserve's existing road system far beyond what is called for by the Forest Practice Rules and CDF. They have agreed to either replace existing culverts with properly sized culverts or rock lined rolling dips where appropriate. They will also take precautionary measures to protect the creeks and various water uptakes throughout the Preserve. Big Creek has specifically stated in the THP that no harvesting of any "old-growth" will occur. Big Creek has also agreed to notify the District's consulting forester, Ed Tunheim, before any timber marking begins so that he can be present during marking to address landowner concerns. Big Creek has agreed to take aesthetics into account, due to the fact that this Preserve will be open to the public on a limited permit basis sometime after completion of timber harvest activities, and additionally, after proper planning, will be open to the pubic on a regular basis. While working with Big Creek to identify the road system to be utilized during the timber harvest, it was recognized by both the District and Big Creek that utilization of the Alma College Road as a haul road would benefit the District as well as Big Creek. This road is located on the lower property (indicated as 12A on attached map) and provides key access to both the Aldercroft Creek and Collins Creek drainages as well as the Webb Creek Drainage. Under their timber rights agreement, Big Creek has the right to construct new roads within the timber harvest area; however, Alma College Road lies outside of the timber harvest boundary. The use of Alma College Road located on the District's lower property, as a haul route eliminates the need to construct a new access road connecting to Bear Creek Road or State Highway 17. In negotiating with Big Creek, it was determined by both parties that a new access road would not benefit the District and that it could increase the potential for erosion, Bear Creek Redwoods Open Space Preserve already has a high road density. In fact field staff have been working to close roads on the Preserve which are deemed unnecessary. While negotiating the License Agreement (attached) with Big Creek a number of improvements to the road system, which were not already covered in the THP, were negotiated: installation of two large culverts (work done under THP permit), grading and waterbarring of the haul road on District property, and realignment of the haul road near the college site on District property. A number of improvements to the Preserve that will be made under the THP are as follows: • Old dilapidated culverts on the upper parcels will be replaced with new properly sized culverts or rock lined rolling dips. Down spouts and energy dissipaters will be placed where appropriate to reduce erosion below culvert crossings. • Roads used by Big Creek will be graded and properly drained to reduce erosion. • Big Creek will realign Patrol Road 4D (see attached map) in the upper vineyard. • Big Creek will close roads used as skid trails that are unnecessary for future District purposes. R-00-91 Page 3 • Under the License Agreement, Big Creek will: • replace two large culverts (60+in.) on Webb Creek and Collins Creek. • realign 100 ft. of Alma College Road. • grade the haul route outside of the THP area. During timber harvest activities, the Preserve will remained closed to the public on weekdays. However, the lower portion of the property, outside the timber harvest area, will be open on a limited permit basis on weekends. A small parking lot has been completed at Gate BC 04 (see attached map), where hiking will be staged. The Preserve will be open to hiking and equestrian use only (however, there currently is no equestrian parking). The public will be directed to the lower portion of the property through a signage program. Following the completion of timber harvest activities and the Master Planning process, the Preserve will be open to the public as approved by the Board after public meetings. I I CEQA COMPLIANCE The California Department of Forestry (CDF) is the lead agency responsible for approving timber harvest plans and making CEQA determinations pursuant to Public Resources Code Section 21080.5. In approving the Bear Creek Redwoods timber harvest plan (1-00-137-SCL), CDF has made the determination that the project will not result in significant cumulative impacts to the environment. The District concludes that grading, waterbarring, and road realignment on District property outside of the timber harvest boundaries will not have any significant effect on the environment. It is categorically exempt from CEQA under Article 14 Sections 15301 and 15304 as follows: i it Section 15301 exempts maintenance of highways, streets, sidewalks, gutters, and trails (including road grading of public safety). The grading of existing Patrol Roads 4E and 12C for patrol and emergency access to the upper property falls under this category. Section 15304 exempts grading on land with a slope less than 10 percent. The minor road realignment of less than 20 feet falls under this category. The minor realignment consists of the removal of a retaining wall and recontouring the fill to a more natural 2:1 slope. Prepared b : r y Dennis Dart, Planning Technician Matt Freeman, Open Space Planner II Duncan Simmons, Attorney Contact person: Dennis Dart, Planning Technician I 1 � \'a ;�...ice-� rr .r+t'� ►•�..��•-`�►`��. �-�;. •� � .�► IN ,► / ' / ��` �� MOM�Vpw WE OAT ZVI Mal r y,�,�rH��h�1.► 1��14�iI��/n�� =�IQrr-r�'I/I�I✓�� y!_ rb►ice=�Ir1►Qr`..►�..:;.�r!,,•11 lw ► �`� Ali` ,•� ►'+�►�►.��' s 111 11 t� �� rt.��I'� • ILI 41 r 1 \ � IIIIIIIIII IIIsII {�4i1i'r li J � _ I LICENSE AGREEMENT This License Agreement(herein, "License") is made by and between Big Creek Lumber Company(herein, "Big Creek") and the Midpeninsula Regional Open Space District(herein, 'District"), a public district established pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code. RECITALS A. WHEREAS, District is the owner of a certain parcel of real property(herein, "District Property"), a portion of the Bear Creek Redwoods Preserve(herein, "Preserve"), commonly known as Santa Clara County Assessor's Parcel Number 544-33-001 and more particularly depicted on Exhibit A, attached hereto and incorporated herein by reference; and B. WHEREAS, Big Creek has certain rights to harvest timber on certain parcels of land (herein, "Timber Lands") adjacent to the District Property, more particularly described in Exhibit B, attached hereto and incorporated herein by reference; and C. WHEREAS, Big Creek has applied for and received permission from the California Department of Forestry and Fire Protection(herein, "CDF")to conduct such timber harvest as more fully described in that certain "Novitiate Timber Harvest Plan", bearing number 1- 00-137-SCL, (herein the "THP"), on file at the principal office of District and incorporated herein by reference; and D. WHEREAS,District Property has certain roadways, as such are more specifically identified on the plat attached hereto and incorporated herein by reference as Exhibit C (hereinafter "Roadways"), thereon which are convenient to Big Creek for the transportation of timber to public streets; and E. WHEREAS, said Roadways are in need of certain repairs and maintenance; and F. WHEREAS, District and Big Creek mutually desire to facilitate the transportation of said timber by Big Creek in a manner that does not adversely affect District lands and to make provision for the repair and maintenance of the Roadways. NOW THEREFORE, in consideration of the foregoing and the mutual promises, covenants, terms and conditions set forth herein, the parties agree as follows: 1. Grant of License. a. District hereby grants to Big Creek, it employees, representative and contractors, a license for ingress and egress upon and over the Roadways on the District Property for the purpose of transporting timber from the Timber Lands to a public road. b. This License gives Big Creek a license only and notwithstanding anything to the contrary herein, this License does not constitute a grant by District of any ownership, leasehold, Page 1 of 8 easement or other property interest or estate whatsoever in the District Property, or any portion thereof. c. Big Creek further understands and agrees that nothing herein shall limit Big Creek's obligation to obtain authorizations, approvals or permits form all federal, state, municipal or other entities with lawful authority over the TEP. 2. Covenant, Conditions and Requirements. a. Responsibility to Maintain District Roadway. Big Creek shall bear all costs and expenses of any kind or nature whatsoever arising from its activities permitted hereunder. Big Creek shall be solely responsible for repairing and maintaining the District Roadways, and all facilities placed in or on the District Roadways pursuant hereto, in a good, clean, secure, orderly and safe condition, and District shall have no obligation or duty whatsoever for any repair or maintenance of the District Roadways except as otherwise specifically set forth herein. This License is specifically conditioned on the performance by Big Creek of the following work on District Roadways, and such obligations shall survive the termination of this License and remain binding on Big Creek until satisfactorily performed: i. Perform maintenance and upkeep on Alma College Road, shown as "12a" on Exhibit C; ii. Perform maintenance and upkeep on Patrol Roads, shown as "12a" and "4e" on Exhibit C; iii. Re-grade and build sufficient water bars on the Patrol Road ; iv. Replace culverts X-10 and X-20, as shown on Exhibit C, with culverts properly sized for•a 100-year flood event; V. Remove retaining wall, shown as "Y" on Exhibit C, if so approved by California State Archeologist or if not so approved, expend $8200.00 on work within Preserve as directed by District Representative; vi. Move portion of Roadway, shown as "Z" on Exhibit C, approximately twelve feet (12) away from slide area; and vii. Re-grade and contour slope drainage to eliminate standing water, shown as "Z" on Exhibit C. b. Exercise of Due Care. Big Creek shall use, and cause its employees, agents, representatives and contractors,to use due care at all times to avoid or minimize any damage or harm to District property and to the native vegetation and natural attributes of the District Property. In the event of an emergency or potential threat to public health, safety or welfare, as reasonably determined by District, District shall have the right to further condition, restrict or oversee any permitted work on the District Property. Under no circumstances shall Big Creek damage, harm or take any rare, threatened or endangered species on or about the District Property. Big Creek shall provide flag persons to safely control traffic as Big Creek enters and exits District Property. Big Creek shall close and lock all gates after passing through them. c. Restoration of District Property. Upon termination of Big Creek's right to harvest timber from the Timber Lands,Big Creek shall remove all improvements, except as otherwise directed by District Representative and shall remove all debris. Big Creek shall evenly Page 2 of 8 I distribute all excess soil and shall restore District Property to a condition as close as reasonably possible to its condition immediately prior to Big Creek's work hereunder, i taking into account the TBP, all to the reasonable satisfaction of District. d. Utilities. District shall have no responsibility or liability of any kind with respect to utilities that may be on, in or under the District Property. Big Creek shall have the sole responsibility to locate such utilities or other facilities and to protect them from damage. Big Creek shall be solely responsible for arranging and paying directly for any utilities or services necessary or convenient for its activities hereunder. I 3. Term of License. This License shall commence upon execution hereof by District and shall terminate upon the earlier of(i)termination of Big Creek's right to harvest timber from the Timber Lands under said TBP or(ii)upon notification by District of the termination of this License as set forth herein. District and Big Creek may also, in their sole discretion,terminate this License as set forth in Section 9 hereof. 4. Compliance with Laws. Big Creek shall conduct all operations which are the subject of this License in compliance with all existing and hereafter enacted applicable federal, state and municipal laws, statutes or ordinances, and with all regulations, orders, directives of appropriate governmental agencies. Big Creek shall be responsible for the compliance of its employees, its subcontractors and its subcontractor's employees operating vehicles within the Preserve with the Preserve speed limit of 15 miles per hour. The DISTRICT may issue citations to violators. Big Creek shall also comply with all applicable conditions and requirements set forth in any and all approvals of the TBP. 5. Permits. Prior to commencing any work on District Property, Big Creek shall obtain any and all governmental permits and approvals which are necessary for it to conduct any work or activities under this License. District shall coordinate and cooperate with Big Creek to obtain all necessary permits and approvals, provided however, District shall not be required to incur any costs in connection therewith. Big Creek recognizes and agrees that no approval by District for purposes of Big Creek's activities hereunder shall be deemed to constitute the approval of any federal, state or local regulatory authority with jurisdiction over the TBP, and nothing herein shall limit Big Creek's obligation to obtain all such regulatory approvals at Big Creek's sole cost. 6. Liens and Claims. Big Creek shall not permit to stand any mechanics', materialmen's or other similar liens or claims against the District Property or any interest therein for labor or material furnished in connection with any work performed by Big Creek, its agents, representatives or contractors under this License. Upon reasonable and timely notice of any such lien or claim delivered to Big Creek, Big Creek shall immediately notify District of same. Page 3 of 8 7. Indemnity and Release of Liability. Big Creek shall fully release, indemnify, hold harmless and defend District, its directors, officers, employees, contractors, and agents, from and against all liability, claims, suits, sanctions, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, for injuries to or death of any person and damage to or loss of any property arising out of, connected with, or relating to any act, omission, right, obligation or work performed by Big Creek, or its agents, employees, contractors, consultants, officers or representatives under this License, except to the extent that the matter giving rise to the liability is solely and directly attributable to the negligent or wrongful acts or omissions of District's directors, officers, employees, contractors, or agents, or otherwise arises out of matters which, by the terms of this License, are the sole responsibility of District. 8. Insurance. Throughout the term of this License, Big Creek, at its sole cost and expense, shall maintain in full force and effect comprehensive general liability insurance covering bodily and personal injury and property damage arising out of Big Creek's activities pursuant to this License. Limits shall not be less than $2,000,000.00 per occurrence for bodily injury and $500,000.00 per occurrence for property damage. Each such policy shall name District as an additional insured and a certificate to that effect shall be j delivered to District prior to commencement of any activities hereunder and annually upon renewal or replacement of any such policies. Throughout the term of this License, Big Creek, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. Such insurance policies shall not be canceled or materially changed without thirty(30) days advance written notice to District. 9. Termination. This license may be terminated at any time, for any cause whatsoever or for no cause, by either party giving 14 days'written notice thereof to the other party. Upon the expiration of such notice period, all rights of the parties shall likewise terminate except for those rights set forth herein that specifically survive such termination. 10.Miscellaneous Provisions. a. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this License, the construction of its terms and the interpretation of the rights and duties of the parties. b. Amendment. The parties hereto may by mutual written agreement amend this Agreement in any respect. c. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this License. The exercise or partial exercise of any right, power or Page 4 of 8 remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. d. Notice. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this License (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium and addressed as indicated as follows: Big Creek: Big Creek Lumber Company 3564 Highway I Davenport, CA 95017-9706 Attn: Joseph Culver TEL: (831) 423-4156 FAX: (831) 425-2872 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: General Manager With a copy to: Dennis Dart, District Representative TEL: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this License shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirements provided in this Section. e. Severability. If any of the provisions of this License are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this License. The parties further agree to replace such void or unenforceable provisions which will achieve, Page 5 of 8 to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. f. Waiver. No waiver of any term, provision or condition of this License, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this License. g. Entire Agreement. This License is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. h. Time of the Essence. Time is of the essence of each provision of this License in which time is an element. i. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. j. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this License. k. Captions. Captions are provided herein for convenience only and they form no part of this License and are not to serve as a basis for interpretation or construction of this License, nor as evidence of the intention of the parties hereto. 1. Pronouns and Gender. In this License if it be appropriate, the use of the singular shall � include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. in. Authority. Big Creek and District both represent and warrant that each has the full right, power and authority to enter into this License and to perform the transactions contemplated hereunder. IN WITNESS WBEREOF, the parties have executed this agreement below on the day and year shown therewith. Page 6 of 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT("DISTRICT"): By: Date: L. Craig Britton General Manager Acknowledgement State of California County of On before me, Deirdre Dolan, personally appeared L. Craig Britton, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that, he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: Date: Page 7 of 8 BIG CREEK LUMBER COMPANY("Big Creek"): By: Date: Acknowlgdaement State of California County of On before me, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that, he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: Date: Page 8 of 8 Bear Creek Wdwoods Open Sr ace Preserve Proposed Timber Haul Route Bc os • BC 04 - Bear Creek Redwoods Open Space Preserve a' APN#544-33-001 boa o' 12 �219 I BC12 ' 4E EXHIBIT A 0 500 1000 Feet wf EXHIBIT B e THE LJM41D RBFERRZD To VXRBIN YB 8ITi3ATRD IN THE STATE OF CALIFORNIA, COUNTY or 1411NTA CLARA, UNINCORPORATZV AREA, AND IS DNSCXXBND AS YOLLOIO'8 t PARCilm ONE, BEING ALL OF PARCEL B DESCRIBED IN THE CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 20, 1995 IN BOOK P'134 PAGE 1613 OF OPPICIAL RECORDS DMCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE SPATE OP CALIFORNIA BY DEED RECORDED DECEMBER 15, 1941 IN BOOK 1071, PAGE 360, OFFICIAL RECORDS, SAID POINT OF BEGINNING AL90 38ING IN THE CENTER LINT; OF R85ERVOIR OR RUNISLE CREEK AT A POINT CALLED STATION 40 OF T11AT CERTAIN 212 .7 ACRE PARCEL OF LANO CONVEYED TO THE NOVITIATE OF LOS OAT05, A CORPORATION, RECORDED BY DEED APRIL 20, 1934 IN BOOK 696, PAGE 204, OFFICIAL RECORDS; THENCE RUNNING ALONG THE CENTER LINE OF SAID RESERVOIR OR RUNDLE CREEK, BEING ALSO TUB NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO A14A COLLIOX, A CORPORATION, BY DEED RECORDED OCTOBER 30, 1934 IN BOOK 702, PAGE 594, OFFICIAL, RECORDS, THE FOLLOWING COURSES AND DISTANCES: NORTH 426 00' WEST 55.?S FEET TO STATION 41; THENCE !SOUTH 49° 06' WEST 53.90 FEET TO STATION 421 THENCE NORTH 690 34' WEST 99.62 PEST TO STATION 43; THENCE NORTH 760 37' WEST 23.92 FEET TO STATION 44, IN THE CENTER. OF A CONCRETE CLAM 20.0 FEET HIGH AT THE LOWER END OF A LAKE; THENCE ACROSS SAID LAKE AND CONTINUING UPSTREAM; SOUTH 870 03, WEST 225.23 PEST TO STATION 45; THENCE SOUTH 61" 07' WHET 53.62 FEET TO STATION 461 THEME SOUTH 5111 29' WEST 81.45 FEET TO STATION 47) THENCE SOUTH 080 20' WEST 68.80 FRET TO STATON 49; THENCE SOm*H SS& 10' WEST 64.50 FEET TO STATION 491 THENCE NORTH 390 02' WEST 41..00 FRET TO STATION 50; THENCE NORTH 886 58' WEST 69.50 FEET TO STATION 51; THENCE MOUTH 496 23' WEST 9S.03 FEET TO STATION 52; THENCE WORTH 500 22' WEST 53.55 FEET TO STATION S3; THENCE NORTH 796 19' NUT 47.65 FEET TO STATION 54; THENCE SOUTH 7710 29' WEST 56.92 PEET TO STATION $51 THENCE SOUTH 241b 20' W3.ST 44.25 FELT TO STATION 56; THENCE SOUTH 04. 15' WEST 62.10 FEET TO STATION 57; THENCE SOUTH 590 13' WEST $9.52 FEET TO STATION 59; THENCE SOUTH 776 23' w88'T 56.00 FEET TO STATION 591 THENCE NORTH 400 37' WUT '91.45 FEET TO STATION 60) THENCE SOUTH 64° 25' WEST S7.65 FEET TO STATION 61; THENCE NORR'H 470 00' WEST 71.30 FRET TOO STATION 62; THENCE NORTH 16e 58+ o + ,. .e STsT b O THENCE �flUTb{ 78 38 WEST 56 5 F W85'L 49.14 FORT TO STATION F o + T TO ION 65• iS.15 FE8 STATION STATION 64 THENCE NORTH 41 Z7 WEST 1 , TO STA ; THENCE NORTH 26" 19' WEST 98.80 PEET TO STATION 66; THENCE NORTH 450 16' NEST 62.20 FEET TO STATION 67; THENCE SOUTH 38. 07' WNST 88.83 FEET TO STATION 68) THENCE NORTH 780 25' WEST 73.70 FBST TO STATION 691 THENCE NORTH 396 54' WEST 96.00 FEET TO STATION 70; THENCE NORTH 010 021 'PEST 122.20 PERT TO STATION 71; THENCE NORTH 240 25' WEST 99.25 FEET TO STATION 72; THENCE NORTH OOm 53' EAST .175.75 FEET TO STATION 73; THENCE NORTH 35° 31' WEST 110.00 FRET TO STATION 74; THENCE SOUTH 63. 06, WEST 45.30 PERT TO STATION 75; THENCE NORTH 77. 47' WEST 64.90 FRET TO STATION 76; THENCE NORTH 040 51' EAST 36.30 MEET TO STATION 77: THENCE NOR711 650 33' 1+t .ST 05.00 PELT TO STATION 78; THENCE NORTH 160 24' CAST 41.03 FEET TO STATION 79; THENCE NORTH 170 25' WEST 44 .80 FEET TO STATION 80; THENCE NORTH 780 22' Page 1 of 15 1101546 ` f , WEST 58.30 FEET TO STATION 61; THENCE SOUTH 700 30, WEST 43.05 FEET TO STATION 82; THENCE NORTH 34" 41, WEST 3S.55 FEET TO STATION 83; THENCE NORTH 720 02 ' WEST 105.40 FEET TO STATION 84; THENCE NORTH 086 33 ' EAST 135.50 PEST TO STATION 85; THENCE SOUTH 85° 44 ' WEST 74.91 FEET TO STATION 86, THENCE SOUTH 73• 23' WEST 82.41 PEEET TO STATION 87; THENCE NORTH 46" 37, WEST 54.64 FEET TO STATION 88; THENCE NORTH 136 021 WEST '84.05 FEET TO STATION 89; THENCE NORTH 570 ' EAST 56.30 PEST TO OTATION 90; THENCE N I2 ORTH 09° 58, EAST 93.91 FEET TO STATION 41,; ;'HENCS NORTH 63" 25' WEST 38.77 FOOT TO STATION 92; THENCE SOUTH 630 42, WEST 132.27 FEET TO STATION 93; THENCE NORTH 87* $50 WEST 82.60 FEET TO STATION 94; THENCE SOUTH 830 57' WEST 64.50 FEET TO STATION 95; AT AN IRON PIPE DRIVEN IN TIME MIDDLE or A CONCRETE BRIDGE IN THE CENTERLINE OF BEAR CREEK ROAD; THENCE LEAVING THE SAID CENTERLINE OF RESERVOIR OR RUNDLE CREEK AND ALSO THE NORTHERLY LING OF SAID PARCEL CONVEYED TO ALMA COLLEGE, AND RUNNIAIG IN A SOUTHERLY DIRECTION ALONG THE CENT1rRLINS OF BEER CREEK ROJ4D TO THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CON AD B'Y ALMA COLLEGS, A CORPORATION TO THE NOVITIATE OF LOS GATOS, A CORPORATION, RECORDED AUGUST 6, 1940 IN BOOK 993, PAGE 450, OFFICIAL RECORDS, SAID CORNER ALSO BRING IN THB DIVIDING LINE BETWEEN SUCTIONS 5 AND 6, HEREINAFTER REFERRED TO; THENCE SOUTH ALONG SAID DIVIDING LINE ,SOUTH 00 23' PAST 14.13 CHAINS TO A STATION NUMBER 1/48 WHERE A 4" X 4" STAKE AND IRON PIPE 19 SET; THENCE CONTINUE ALONG SAID DIVIDING LINE SOUTH 0° O6' EAST 1.4.64 CHAINS TO A POINT IN THE C TBRLINE OF COLIN3 CERTAIN CREEK AT THE SOTTN MSTERLY CORNER OF THAT TAIN PARCEL OFF LAND CONVEYED TO J'AMES L. FLOOD BY DEED RECORDED ,J'UNE 10, 1095 IN BOOK 181. OF DEEDS, PAGE 532; THENCE ALONG THE SOUTHERLY LINE OF SAID I.A.ST MENTIONED PARCEL OF LAND BEING ALSO THE CSi'TBRLINE OF COLLINS CREEK, EASTERLY TO THE SOLM1WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED NOVEMBER 22, 1937 IN BOOK 843, PAG13 569, OFFICIAL RECORDS, THENCE ALONG THE WESTERLY LINE OF THI STATE HIGHWAY AS S ESTABLISHED By THE DSED ABOVE REFERRED TO, THE POLWHINO COURSES AND DIST'ANCSS: NORTH 654' 44' SO" EAST 218.09 FEET; NORTH 20 08' 40" BAST, 580.45 PERT; NORTH 650 44' 55" EAST, 422.02 FEET; NORTH 246 25' EAST 580.00 FEET; NORTH 80 02' %MST 391.19 FEET; AND NORTH 310 39' 10" EAST 40.00 FEET TO THE POINT OF BEGINNING AND BEING A OPORTIO>7N$SCTIS)OFNS SECTION 32, TOWNSHIP B SOUTH, RANGE 1 WEST, AND A PORTION 5 AND 5, TOWNSHIP 9 SOUTH, RANGE 1 WEST; M.D.B. AND M. , EXCEPTING FROM THE ABOVB DESCRIBED PARCEL ALL THAT PROPBRTY LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A STATION NO. 26 IN THE CBNTSRLINB OF BEAR CREEK ROAD (FORMERLY DOUGHERTY ROAD) AS SAID STATION IS DESIGNATED ON THE � UNRECORDED MAP ENTITLED "NO. 3 MAP SHOWING LINES, COtIRESS, DISTANCES, CORNERS AND MONUMENTS 813I'.]AS. L. IN SURVEY OF ALMA DALE THE PROPERTY OF FLOOD SURVEYED IN JULY AND AUGUST, 1900 BY A.T. HERRMAN, THISNCE FROM SAID POINT OF BEGINNING? SOUTHEASTERLY TO AN IRON PIKE TO 29 SST AT THE MOST WESTERLY CORNER OF AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE AND REPAIR OF WATER PIPELINE AND PUMP STATION, SAID POINT BEING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE NORTH 25Q 34 , 13" EAST 20.99 FEET AS DESCRIBED IN THE GRANT OF EASEMENT RECORDED AUGUST 21, 1993 IN BOOK M969 AT PAGE � 1201646 Pago I of 15 931 OF OFFICIAL RECORDS. i THENCE ALONG THE SOUTHWESTERLY LINES OF SAID EASEMENT SOUTH 250 34' 13" EAST 20.99 FEET TO AN IRON PIPET TO BE SET AND SOUTH 660 59' 15" EAST 19.32 FEET TO AN IRON PIPS TO BE SSTs THENCE LF-AVrNG SAIO EASEMENT L1119 96MRASTERLY TO AN IRON PIPE TO BE EST 20 .00 FEET I4ORE OR LESS SOUTHWESTERLY FROM THE SOUTHWRST$RLY ' EDGE OF A ROAD LOCATED SOXMiWESTSRLY 100.00 FSBT MORE OR LESS FROM A SHORELINE OF A LAKE, SAID LAKE BEING 400 FEET MORE OR LESS SOU`rXWZSTBRLY OF THE BUILDINGS OF ALMA COLLEGE. THENCE ON THE SOUTHEASTERLY PROLONGATION OF LAST DESCRIBED LINE TO THE CENTERLINE OF COLLINS CRERX. ALSO EXCEPTING THEREFROM ALL THE PETROLEUM, NAPTHA, ASPHALTUM AND OTHER SUBSTANCES CONTAINING OR PRODUCING OIL, AND ALL COAL, MINERAL AND MINERAL SUBSTA9CES, AND THE RIGHT, PRIVILEGE AND RAS2 lZNT TO HAVE, TAKE AWAY AND REMOVE TO TUB USE AND SKaRFI'T OF T.G. MCLERAN, ST AL., AND THEIR HEIRS AND ASSIGNS ALL T14B SUBSTANCES AFORESAID, AND FOR THAT PURPOSE, FROM TIME TO TIME AND AT ALL TIMES HEREAPTER TO ENTER TIPON THE ABOVE DESCRIBED PRUMISEL9 WITH THEIR SERVANTS, AGENTS, ASSOCIATES AND ASSISTANTS TO PROSPECT, SEARCH, DXG AND BORE FOR SAID SUBSTANCES AND TO EXTRACT AND WORK THE SAME, AS CO1M3YED TO T.G. MCLERAN, ET AL BY INDENTURE RECORDED OCTOBER 19, 1965 IN I BOOK U OF DERDS,PAGE 220 OF OFFICIAL Rl3CORDS. ; AS99SSOR I S PARCEL NUMBER.- 544-33-002 (PORTION) PARCEL TWO s � ALL Or LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT", WHICH MAP WAS FILED FOR RECORD ON JANUARY 20, 1888 IN BOOK C OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS. ASSESSORS PARCEL NUMBER: 544-30-003 {PORTION} AND S44-30-002 (PORTION) ................ PARCEL THREE BRING ALL OF THE PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE ' RECORDED MAY 7, 1905 IN BOOK J339 PAGE 607 OF OFFICIAL iRBCORDB � DZSCRI9.13D AS FOLLOWS s ............... ALL OF LOT NO. 10 OF THE RENOWDEN 'TRACT, AS LAID DOWN ARID DELINEATED UPON A MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT" WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CAL I FORN I A, ON J'A14UA.RY 20, 1088 AND RECORDED IN VOLUME "C" OF MAPS, AT PAGE 51. SRCBPTING THEREFROM THAT PARCEL OF LAUD CERTIFIED IN CERTIFICATE" OF COMPLIANCE NO. 2325•-24-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO. 9396378 IN SANTA ` CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1995. Pn6. 3 of 15 1201646 1 ALSO EXCEPTING THEREFROM SO MUCH OF SAID LOT NO. 10 THAT LIES 'WITHIN THE PARCEL OF LAND AS CERTIFIED IN CERTIFICAT8 OF COMPLIANCE NO, ' 2324-23-46-04CC, ISSUED BY THE SANTA CLARA COUN't`Y LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO. 037307S IN SAWA CLAM COUNTY OFFICIAL RECORDS ON MARCH 5, 1985. ALSO EXCEPTING THEREFROM ALL OF LOT 10 THAT LIES WITHIN TIME PARCEL OF LAND CONVEYED BY CHAS. MCKIERMAN, ET AL, TO HERMAN PETERSONI, BY DEED RECORDED IN VOLUME 95 AT PAGE 236, SANTA CLARA COUNTY OFFICIAL RECORDS, ON AUGUST 27, 1897. ASSESSOR'S PARCEL NUMBRRs 544-30-002 (PORTION) PARCEL FOUR BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN BOOK J302 PAGE 1164 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWSt COMMENCING AT A :STAKE STANDINt3 IN THE SOUTH LINE OF THE NORTHEAST QUARTER OP SECTION 6, TOWNSHIP 9 SOUTH, P..ANGE I WEST, SAID STAKE BEING 200 FEET EAST FROM THE SOUTHWEST CORNER OF SAID OUARTEA SECTION; AND RUNNING THENCE WEST ALONG SAID SOUTH LINE OF SAID QUARTER SECTION 200 POST TO THE SAID SOUTHWEST CORNER OF SAID QUARTER S8C'PION; THENCE NORTH AND ALONG THS REST LINE OF SAID NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 9 SOUTH, RANDS 1 WEST, 210 FEET TO A STAKE; THoNCF IN A STRAIGHT LINE SOUTHEAST TO THE PLACE OF BEGINNING. ASSESSOR'S PARCEL NUMBER: 544-30-003 (PORTION) PARCEL FIVE: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE P-BCORDBD MARCH 26, 1965 114 BOOK J302 PAGE 11.62 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THS INTERSECTION OF THE BAST LING OF MELLOTT'S ROAD WITH THE NORTH LINEE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASS AND ME;RXDIANI AND RUNNINGS THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE EAST LINE OF SAID MELLOTT'S ROAD ABOUT 64 RODS TO THS INTRRSECTION OF SAID ROAD. WITH THE COUNTY ROAD, AT THE PLACE CALLED "GRECIAN 8FAM"; THENCE NORTHERLY AM NORTHEASTERLY ALONG THE WEST SIDE OP TUB COUNTY ROAD ABOUT 44 RODS TO TUB INTERSECTION THEREOF WITH SAID NORTH LINE OF SECTION 7 AFORESAID; AND THENCE WEST ALONG THE SAID NORTH LIMN OF SAID SECTION 7, ABOUT 42 RODS TO THE PLACE OF OSGINNING- BEING A PART OF SAID NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 9 SOUTH, RANOB 1 WEST, MOUNT DIABLO BASES AND MERIDIAN, AND SBINQ THE SAME PROPERTY AS DESCRIBED IN THAT CERTAIN DEED DATZD DECEMBER 27, 1092, EXECUTED BY MRS. MARY A. LADDICK, A WIDOW TO WILLIAM E. PARK, AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY ON 17ANUARY 10, 1093 IN VOLUME 154 OF DEEDS, AT PAGE 68, RECORDS OF SANTA CLARA COUNTY, AND BEING THE AAMR lROPBRTY WHICH WAS CONVEYED TO ARTHA FOSTER BY WILLIAM E- PARK, BY DEED DATED Page 4 of 15 1101546 i •.`aptN.3i 1i• .rye ' 1 DECEMBER 6, 1907, RECORDED ON DECEMBER 23, 1907 IN VOLUME 328 OF � OR IDS, Al' PAGE 38, IN SAID COUNTY RECORDER'S OFFICE. � ASSESSOR'S PARCEL NUMBER: 544-50-004 PARCEL SIX: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCES RECORDED � MARCH 26, 1985 IN BOOK J302 PAGE 2160 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: THE LAST 1/2 OF THE NORTHEAST 1/4 AND TES NORTHRAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NUMBER: 544-50-001 PARCEL SIX-A: A RIGHT-OF-WAY APPURTENANT TO PARCEL NO. SIX ABOVE DESCRIBED, FOR THE PURPOSES OF ORDINARY TRAVEL, M GRANTED BY STANDARD OIL COMAPNY, A CORPORATION TO EDWARD W. GORDON, BY INSTRUMENT DATED JUNE 9, 1909 AND RECORDED JUNE 16, 1909 IN BOOK 345 OF DEEDS, AT PAGE' 205, WHICH RIGHT-OF-WAY I& 15 PENT WIDE, THE CENTERLINE WHEREOF 18 MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT A POINT WHICH IS EIGHT AND SIXTY-TWO HUNDREDTHS (8.62) CHAINS NORTH OF THE CENTER OF SAID SOUTHEAST QUARTER (S.E. 1/4) ; RUNNING THENCE SOUTH 660 WEST ON73 AND FOR:'Y-FIVE HUNDREDTHS (1.45) CHAINS; THENCE SOUTH 746 WEST ONLY AND STGHTY-FIV8 HUNDREDTHS (1.85) CHAINS; THENCE SOUTH 68- 15 ' WEST TWO AND FIVE fIUNDRE'DTHS (2.0 5) CHAINS; THENCE SOUTH 8610 15' WEST ONE AND SIXTY HUNDREDTHS (1.60) CHAINS; THENCE SOUTH 6010 30' WEST TWO AND EIGHT HUNDREDTHS (2.08) GRAINS; THENCE WEST IVO AND SEVENTY-FOUR HUNDREDTHS (2.74) CHAINS; THENCE NORTH 590 WEST ONE AND SIXTY HUNDREDTHS (1.60) CHAINS; THENCE NORTH 316 50' WEST FOUR AND THIRTY-SEVEN HUNDREDTHS (4.37) CHAINS; THEITCS NORTH 5° WEST ONE AND FIFTEEN HUNDREDTHS (1.15) CHAINS. PARCEL SEVEN: BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26,1965 IN BOOK J302, PACE 1166 'OF OF+"FICIAL RECORDS DESCRIBED As FOI,I+OW$: RZOINNINGt AT A 3" X 4" POST AND IRON PIPS STANDING .AT THE COMMON CORNER OF SECTIONS 5, 6, 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, AT THE NORT14WESTSRLY CORNER OF THAT CERTAIN 80 ACRE TRACT IN SAID SECTION B CONVEYED BY D. B. WISEMAN, UT UX, TO JESSIE ROBERTSON BY DEED DATED SEPTSMBER 13, 1913 AND RECORDED IN VOLUME 408 OF DEEDS, AT PACE 104, LT SEQ. , IN THE OFFICE OF THE COUNTY RECORDER OF THE COMM OF SANTA CLARA AND RUNNING THENCE SOUTHERLY AND ALONG THE LINE BETWEEN SECTIONS 7 AND 8 WHICH HERB FORMS THE WESTERLY LINE OF :SAID 80 ACRE TRACT, SOUTH 0- 11' BUT 28.90 CHAINS, TO A 6" X 6" POST AND IRON PIPS STANDING AT THS SOUTHWESTERLY CORNER OF SAID 80 ACRE TRACT, AND FROM WHICH A REDWOOD 1101546 Page 5 of 15 s I 1 :a r4 • µ. 20" IN DTAMZTER BEARS SOUTH 38-3/40 WEST O.SS CHAINS, AND A REDWOOD 12" IN DIAMETER SEARS NORTH 57-3/40 WEST, 0.55 CHAINS, BOTH +TR8jjS MARKED "B.T.I/89"; THENCE EASTERLY AND ALONG THE SOUTHERLY LINE OF SAID 80 ACRE TRACT, SOUTH 896 561 STAKE MARKED "T.it.2 HAS 15,1E CHAINS TO A 2" X 3" • FROM WHICH A FORKED MADRONE 14" IN DIAMETER BEARS SOUTH 82-1/20 EAST, 0.027 CHAINS AND A REDWOOD 22" IN DIAMETER BEARS NORTH 440 WEST 1.273 CHAINS, BOTH TREES MARKED "B.T.T.R.2"; THENCE NORTHERLY AND ALONG A LINE PARALLEL TO SAID LINE HRTWSEN 9A7D SECTIONS 7 AND 8, NORTH 00 11' WEST 19.15 CHAINS TO A 2w X 3" STAKES MARKED T.R. 1 STANDING IN THE LINE BETWEL,'N SAID SECTIONS 5 AND 8, AND FROM WHICH A MADRONE 10" IN DIAMETER BEARS NORTH 56 3/4° WEST 0.0T7 CHAINS, ANDCHAINS, R FORKED TAN OAK t6' IN DIAMETER BEARS NVRTH 64-3/4- EAST 0.39 CHAINS, BOTH TREES BEING MARKED "B.T.T.R.I,"; AND THENCE WESTERLY AND ALONG SAID LINE BETWEEN SAID SECTIONS 5 AND 6, WHICH HERB FORMS THE NORTHERLY 9OUNDAR1(-OF SAID 80 ACRE TRACT, SOUTIi 89° 08' WEST 15.18 CHAINS TO THE POINT OF BEGINNING; BEING A PART OF THE ABOVE MENTIONED 80 ACRE TRACT IN SECTION 0, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT' nIASLO BASE AND MERIDIAN. ASSESSOR'S PARCEL NUMBER: S44-33-014 PARCEL SIGHT: BEING; THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN BOOK 3303 PAGE 921 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT THE OFFICIAL QUARTER SECTION CORNER IN THE LINE DIVIDING 3BC'TIONSMERIDI 7 AND e, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND AN; AND RUNNING THENCE ALONG THE SECTION LING BETWEEN SAID 8$CTI0NS 7 AND 8, NORTH 0" 11' WEST 18.90 CNAIN9 TO A o" X 6" POST MARKED 1/8 S. AND 2" PIPE STANDING AT THE SOUTHWEST CORNER OF THE TRACT OF LAND CONV$Y$D BY JESSIE ROBERTSON AND W. J,HARRY L. TBVIS, BY DEED DATED JANUARY IS, 1916 AND RECORDBDRODERT82N THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA OF DEEDS, AT PAGE 332 t RUNNING THENCE ACOUNTY N VOLUME 438 LONG THE SOUTH LINE OF SAID 28.88 ACRE TRACT AND THS PROLONGATION THEREOF, EASTERLY SOUTH 89° 36' BAST, 15.765 CHAINS TO A POINT PROM WHICH THE SOUTHEAST CORNER OF THE ABOVE MENTIONED 28.89 ACRE TRACT SEARS NORTH UT AS WORT F THE CHAINS; Y LINE THENCE PARALLEL TO THE SOUTHERLY PROLONGATION 19 THE CHAINS TO LINE OF SAID 28.88 ACRE TRACT, SOUTH O° 11, EAST r 8- CHAINS LEA POINT IN THE SOUTHERLY BOUNDARY LINE OF THE LAND O8' S. H UGH THE AND IN THE QUARTER SECTION LINE•RUNNING EAST AND WEST THROUGH THE CFkJT.RR OF SAID SECTION 8; RUNNING THENCE ALONG THB SOUTHERLY BOUNDARY LINE OF SAID LAND OF BIDDLE AND ALONG SAID QUARTER SECTION LINZ NORTH 89a $' WEST, 15.765 CHAINS TO THE PLACE OF i B&G'INNINGI AND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWSST 1/4 OF SAID SECTION 8, TOWNSHIP 9 SOUTH, BASS AND MERIDIAN, RANGE 1 WEST, MOUNT DIASZO ASSESSOR'S PARCEL NUMBER: 544-56-004 PARCEL NINE,: BEING THAT PARCEL 1)2SCRISED IN CERTIFICATE OF COMPLIANCE RECORDED Pass 6 of 15 1101546 i t i . t 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, RANGES I WEST, M.D.B. & M.; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND PANGS TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE CENTER LINE OF CHASE ROAD, THENCE; WESTERLY ALONG THL CENTER LINE OF SAID CHASE ROAD TO THE WANDS OF TH8 PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLE091 THENCS SOUTH TO THE NORTH LINE OF SAID SEECTrON 6, THENCE WEST 15.50 CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPIT2 AND J. KOPPITZ TO W. C. MAHONEY BY DEED OF MAY 6, 1990; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/26 EAST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH Se-1/2- WEST 5.92 CHAINS, SOUTH 8- 30, P,1i5T 0.61 CHAINS, ffiOUTEi 16 WEST 8.83 CHAINS, SOUTH 186 40' WEST 1.08 CHAINS, SOUTH 4- 4S' WEST 1.06 CHAINS, SOUTH 350 30' WEST 1.65 CHAINS, SOUTH 726 30' WEST 1.55 CHAINS, SOUTH 99* 30' WEST 1.15 CHAINS, SOUTH 70- 15' WEST 1.46 CHAINS, SOUTH 81- 20' WEST 1.03 CHAINS, NORTH 89- 521 WEST 7.35 CHAINS TO STAKE K4M4 XIE THE EASTERLY LINE OF THE RE3NOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF .SECTION 6, TOWNSHIP 9 SOUTH, RANGE I WEST; THENCE SOUTH 06 12' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, 'TOWNSHIP 9 SOUTH, RAMOS 1 WEST, AS SEAT IN THE SUBDIVISION OF THE RENOWUEs'N TRACT 8RARs SOUTH, 00 12' WEST 3.18 CHAINS; THE14CE SOUTH 430 40'EsAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE C3NTHR OF SAID SECTION 6; TRENCH BAST AljONG SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CRBEKj TRENCH UP THE CSNTBR OF WERE CREEK, BEING ALSO THE EASTERLY LINE OBE' LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINES OF SAID WEBB CHEEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 2/4 SECTION LINE TO THE CENTER OF THE DOUGHSRTY ROAD; THENCE IN A GENERALLY NORTHERLY DIRECTION ALONG THE CENTER OF DOUGHERTY ROAD TO THE THIRD POINT OF INTERSECTION OF THE SECTION LINE BETWEEN SBCTIONS S AND 61 TOWNSHIP 9 a0UTH, RANLM 1 WEST, SAID POINT BEING APPROXIMATELY 220 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 6; � TIENCZ NORTH AWNG SAID SECTION LINE TO THE P011WT OF BEGINNING. ASSESSOR'S PAEEC.BL, NUMBER: 544-31-003 AND 544-28-004 (PORTION) PARCEL TEN; - BEING THAT PARCEL DESCRIBED IN CERTIPICATZ OF COMPLIANCE RECORDED APRIL 3, 1985 XY BOOK J310, PACE 662 OF OFFICIAL RECORDS DESCRIDED AS FOLLOWS: THAT PORTION OF THE TRACT OF LAND FORMERLY 83LONGING TO GEO. H. + WW2STT AND WIFE, LOCATED IN SECTION 6, TOWNSHIP 9 $OU'TH, RANGES 1 WEE'ST, M.b.M., ACQUIRED BY DEED DATED JUMS IS, 1902, MADE BY WM. B. RANKIN, ET AL TO GEO. H. BASSWI'T, EST AL, WHICH DEED IS RECORLIE*D IN VOL. 252 OF DEEDS, PAGE 490, RECORDS OP" SANTA CLARA COUNTY, CALIFORNIA, WHICH PORTION OF SAID LANDS MERSIN CONVEYED IS MORb PARTICULARLY DESCRIBED As FOLLOWS, TO WIT- Page 7 of 11 1101546 I� l �41 SWINNING AT A POINT IN THE CMMA LINE OF DOUGHERTY ROAD WHxRx THE , SAME IS INTERSECTED BY THE PROLONGATION EASTERLY OF THE SOUTHERLY LING OF LOT 6, AS THE SAME IS DkSIGENATED AND DELINEATED ON TIDE MAP OF THL' SUBDIVIOXON OF TRB RENONDEN TRACT, WHICH MAp IS RSCOADSD 11, s� TUB OFFICE OF THS COUNTY RECORDER OF THN COUNTY OF SANTA CLAM, STAT'B OF CALIFORNIA IN BOOK "C• QF MAPS, PAGE 51, SAID POINT OF �� `•+ BEING DESIGNATED AS ENGIINSRR'B STATION R.R.3 AS SST BY A. T. HZRRMANN OF HSRRMANN BROS. , SURVEYORS AND C-8. 18, SAN JOSE, CALIFORNIA AND !i SHOWN Olt A MAP Ole' A SURVEY OF THE PROPERTY OF SAID DR. 030, H. DA888Ti' AND RIFE, IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE I, WEST, N.D.M., SURVEYED BY SAID A. T. RBR04ANN ON AUGiVST 4, 6 AND 6, 19031 FROM WHICH STATION K.R.3 A MADRONE TRsB 1a• IN DIAMETER BEARS B. 87* 30' W. 47 LINKS AND A TAN OAR TRSB an IN DIAMETER HEARS N. 530 33' W. 0.667 CHAINS' THENCE ALONG THE SAID VOMHERTY ROAD FROM STATION K.: � R. 3 THE FOLLOWING! COUA838 AND DISTANCES, AS SO SURVSYBD BY SAID , A. T. HERRMANN AND DESCRIBED ON' SAID MAP OF SUCH SURVBy, NAMELY: DOUGHRRTY ROAD F" K.R.3 NORTHWM. , COUR$8 DISTANCE IN CHAINS TO STATION ' NUMBxam N. 30-7./20 W. 1.00 N. 9° W. 1 N. 16-1/24 E, 1 1..00 2 00 g H. 44-1/20 B. 0.75 4 N. 860 45, S. 1.30 g X. 390 S. 2.36 N. 400 W. 2.50 6 ? 1,50 N. 0° 45' W. N, 140 15' B. 3.25 8 N. 660 15' 8. 1.50 9 10 2.22 N. 890 45' R. N. 79. 431 B. 2.17 1113 8. 610 Of S. 2.45 S. 75-1/40 S. 0.62 13 N. 42. is# B. 5.40 14 N. SO* 45' S. 1.30 15 S. 89° 16' B. 1.70 16 N. 376 30' S. 17 2.50 N. S60 B. 2.68 18 N. 760 30, a. 1.75 - 19 S. 72. IS' S. 20 21 2.20 22 8, 326 30, s. 2.80 23 8. 424 45, B. 1.45 24 S. 636 15, a. 1.65 25 N. 650 45' 8. 0.355 26 i i rage 8 of 15 1101546 f t• i i 1� , r WHEME A 1-1/4M IRON 9IPE I8 BET,25� IN DIAMSTSR MAHxwVI 8, S SE AM BPRo-90TXCH PXFE A VAL. OAK egg 3f4 8. A i,tYsi 0hx TREE E.614r13D]DIAMETER cHS A N. 8370-3 N. 0� 1.12 CHB. Jm AM IRON pXpg I9 .9 ', TO A AND STATION )IU?4aiM 1/48 H CE 40, X 4 S Tik DEARS a FR0T4 Wl4I CK A SLACK O JB�i3 A 4" X 4+' jr� 8. 67-1/a"2E•E0.29O.5Ci4$;� imm A MiIDRONR TR8$ 10" xN DIAM$TEg RZA R xN THE CBNT33R IJ2N8 OF COLD CS gg BIONATED. 14.64 CUB, TO A POUR' F.R. t FROM WHICH POxNI �y gftXNUR 8 '9TATA 40' B. 0.23 CH9. AMA REDHOOD TRBE 5" IN DIAI�igFL $ $. Zlow 3 LAROB AND 12 SXAI.L PLBMAFLS TR" 9' IN DTAMg',t'ER IN A B OP 6 a A FALLS IN Tim TREES BEARS N. 150 Os $, AJ mCH AND THRRg FL�1CT THE C OZK CAST A L$DGS RiT WrN4 NORTH A198 80 UTH Am Two To TH2 SAID CENTER LINE O S N-3- OF SAID POINT;H$L'NpXNGt AND DI9TANCg9, NAMSLYs C0LLIN8 g rowowll�OTtSggB IR ALONG CREEK FROM F.R. TO M.B. s C0tTR88 DISTANCE IN CHAINS TO STATION S. 50-1/20 W. NUMB== S. 37-1/26 w. 1.20 1 B• 45 W. 1.04 2 8. 29-3/fie E. 0.90 2 S. 66-3 A W. 0.66 4 a3. 70-1/40 W. 1.20 5 $. SI-1/20 w. 1.42 8, 610 W. 0.78 67 0.90 0 M$ WHICH 8NarmE 3R'8 S'TATI0N m.13. g TRBB ION IN DXAMET ]t8 N. r4° W. 0.2 0 AVX CiJ$. FR O ST AND l92, WI ALdNp ABBBOWDARYBCANYaHN pROyE3AxDNG SAID STATION H.S.INS T4 B'i'A1'I0N 8H, WITH TN8 F0LLOW,,, G0ANYO AND DIBTAN 1 H. s 'O RY CANYQN PROM M.B. TO 9.g. LY C'0L7It,8ic D-1STANCB IN CHAINS TO STATION N. 18-1/20 W. NUTS aspzD N. 40-1/2a t+i. 1.33 A N. 540 W. 2*40 $ N. 55-3/40 W. 2.00 C N. 496 W. 1.46 -N. 66-1/46 W. 1.67 D N. 56-3/4• w. 1.25 F , N. 50-1/4° W. 1.66 N. 704 q. 1.93 G 1.81 N 8n i ftso 9 of 13 Z10Z546 j r � t 1 ' I WHICH SAID STATION BB IS MARKED BY A 3" 'X 3" PICKET IN THE CENTER OF A GULCH AND A MAPLE TREE 10 INCHES IN DIAMETER IN A BUNCH OF 3 MAPLE TREES BEARS S. 4-1/20 W. .0.36 CHS. AND A BUCXEYB TREE 8 INCHES IN DIAMETER IN A BUNCH OF 6 BUCKEYE TREES BEARS S. 82-1/20 W. 0.25 CHS. BOTH OF WHICH TREES ARE MARKED D.T.B.B.1 THENCE $. 540 W. 9 CHS. TO A POINT IN BISSELL LANE AND A PIPS MARKED 8.9. FROM WHICH A 40 X 40 WITNESS POST MARKED B.T.S.B. BEARS N. 540 50, X. 0.27 CHS. AND A MADROMM TREE SIMILARLY MARKED 45 INCHES IN DIAMETER BEARS A. 8- W. 2.01E CHS. AND A POPLAR TREE 16 INCHES IN DIAMETER SIMILARLY MARKED BEARS H. 25-1/20 W. 0.623 CHS. 1 THENCz ALONG THE CENTER LINE OF SAID BISSELL LLN3, WITH THE POLLOWINO COURSES AND DISTANCES, HAMELYt BISSELL LANE, CENTER LINE FROM B.B. TO L.D. COURSE DISTANCE IN CHAINS TO STATION NUMBERED N. 9-1/2- W. a.b1 x N. 23-3/4- W. 0.62 N. 38-1/20 W. 1.00 L N. 42-1/28 W. N. 54-1/20 W. 0.72 N N. 67-1/20 W. 0.65 O N. 84-3/4- W. 1.34 PIPE LD WHICH PIPE MARKED L.D. BEARS S. 67-2/40 S. 0.63 CHS. FROM A POPLAR TREE 11" IN DIAMETER AND A REDWOOD TREK 6" IN DIAMETER OUT OF A STUMP 6 PERT IN DIA"3TSR AND 10 FEET HIGH# BEARS S. 950 5' W. 0.77 CUS. 1 THENCE LEAVING SAID BISSELL LdANS AND RUNNING ALONG THE FIOAD, THig FOLLOWING CoURB$S AND DISTANCW, NAMSLYs FROM AID". Cou"s DISTANCE IN CHAINS TO STATION NU DERED N. 5- W. 1.75 1 N. 240 E. 1.60 2 N. R- E. 2.95 3 N. 380 30' 8. 3.50 4 M. 1.0d W. 2.80 5 Nf. 370 30' W. 0.79 6 4 KR3 TO THS PLACE OF BEGINNING. ASSESSOR'S PARCEL NUMBER: 544-31-002 (PORTION) Pas* 10 of 15 110154E , N L PARCEL EL13VEN: BEINGS PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED DULY 31, 19BS IN BOOK ►7415 PAGE 576 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS s COKMSNCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 2 WEST, M.D.B. & M. , THENCE WESTERLY ALONG THE NORTH LINTS OF SECTION 6, SAID TOWNSHIP AND RANGE, TO THE POINT OF INTERSECTION OF SAIL) NORTH LINE OF SAID ;SECTION 6 WITH THE CENTER LINT; OF CHASE ROAD= TRENCH WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD TO THE LADS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE SOUTH TO THE NORTH LINE OP SAID SECTION 6; THENCE WEST 15.S0 CHAINS, MORE OR L15S9, TO THE NORTHEAST CORNER OF THE 21s14 ACRE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W. C. MAHONSj- By DEED OF MAY 6, 1890) THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT,, SOUTH 14-1/20 EAST 7.39 CHAINS TO STAKE MARKED M.C.K., SOUTH 58-1/20 WEST 5.92 CHAINS, .SOUTH 80 30' EAST 0.61 CHAINS, SOUTH 1° WEST 0.83 CHAINS, SOUTH 18° 40' WEST 2.08 CHAINS, SOUTH 4° 45' WEST 1.06 CHAINS, SOUTH 350 30' WEST 1.65 CHAINS, SOUTH 720 30' W13ST 1.SS CHAINS, SOUTH 89° 30' WEST 1.15 CHAINS SOUTH ;0° 15' WEST 1.48 CHAINS, SOUTH 81" 201 WEST 1.03 CHAINS, NORTH 8Su 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY LING OF THE RBNOWDEN TRACT, BRING ALSO THE 1/4 SECTION LINE RYJNNIHG NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WESTs THENCE SOUTH 0a 12' WEST 20.4S CHAINS TO STAKE RK2 FROM WHICH THE ABOVE-MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH Oa 12' WEST 3.18 CHAINS; THENCE SOUTH 430 40' EAST 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE CSNTSH OT? SAID SECTION &; THENCE EAST ALONG SAID 1/4 SECTION` LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BRING ALSO THE EASTERLY LINE OF LOT 3 OF THIS RSNOWDEN TRACT, TO THS INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINZ TO THE CENTER OF THE DOUG}HERTY ROAD; THENCE NOT;TH BABZ'T3R LY ALONG THE CE NTER OF SAID DOUGHERTY ROAD TO A STA" OPPOSITE THE OATS IN LANE LING To THE R.BSIDZNCTI FORMERLY OWNED BY O. R. BISSELL; THENCE SOUTHERLY AND ALONG THE CENTER OF SAID LANE TO A STAKE STANDING OPPOSITE THE CENTER OF VINEYARD GA'E'k'WAY; RUNNING THENCE EASTERLY IN A STRAIGHT LINE THROUGH THE CENTER OF SAID.OATaWAt AND ALONG THE CENTER LINE'OF A ROAD BETWEEN CHARBONO AND MALVOISE GRAPES, BSING THE LINTS DIVIDING LANDS FORMERLY OF RANKIN AND BISSELL, TO A STAKE IN FENCE; THENCE PROLONGING SAID CENTER LING OF SAID ROAD TO THE CENTER OF A GULCH; THENCE SOUTHEASTERLY ALONG M CENTER OF SAID GULCH TO THG CENTER OF COLLINS CREEK AND THE TRUE POINT OF SEGINNING OF THIS DLSCRIPTIONi THENCE UP THE CENTER OF COLLINS CREEK TO THE LINE DIVIDING SECTIONS 6 AND 7, TOWNSHIP 9 SOUTH, RANGE 1 WEFT; THENCE BAST ALONG SAID LINE BETWEEN SAID SECTIONS F, ' AND 7 AND 5 AND 8, TO THE CENTER OF A RAVINE] THENCE DOWN THE CENTER OF SAID RAVING TO THE CENTER OF COLLINS CREEK: THENCE UP THE CENTER OF COLLINS CREEK SOUTHWESTERLY, FOLLOWING THE MEANDERS OF COLLINS CREEK TO THE TRUE POINT OF BEGINNING. 1 EXCEPTING THEREFROM ALL THE PETROLEUM, NAPTHA, ASPHALTUM AND OTHER t Page 11 of 1S 1101546 i C i SUBSTANCES CONTAINING OR PRODUCING OIL, AND ALL COAL, MINERAL AND MINERAL SUBSTANCES, AND THE RIGHT, PRIVILEGE AND BASEMENT TO HAVE, TAKE AWAY AND REMOVE TO THE USE AND SBNZVIT OP T.O. MCLBRAN, BT AL., AND THEIR HEIRS AND ASSIGNS ALL THE SUBSTANCES AFOR'SBAXD, AND FOR THAT PURPOSE, FROM TIME TO TIME AND AT ALL TIMES HERBAFTEER TO ENTER UPON THE ABOVE DESCRIBED PREMISES WITH THEIR 98RVANT3, AGENT$, ASSOCIATES AND ASSISTANTS TO PROSPECT, SEARCH, DIG AND BORE FOR SAID SUBSTANCES AND TO EXTRACT AND WORK THE SAME, AS CONVEYED TO T.O. MCLERAN, ET AL BY INDENTURE RECORDED OCTO82R 19, 186S IN HOOK U OF DEEDS,PAGE 220 OF OFFICIAL, RECORDS. ASS93SORIS PARCEL NUMBER: $44-31-002 (PORTION) , 544-33-003 PARCEL TWELVE BEGINNINGS AT A REDWOOD TREE 2 FEET IN DIAMETER MARKED "1/4 SEC,° AND BRING THE 1/4 SECTION CORNER BETWEEN SECTIONS 31, TBS., R1W AND SECTION 6, T9S, RIW; AND RUNNING THENCE ALONG THE LINE BETWEEN SAID SECTIONS 31 AND 6, NORTH 69-1/40 E. IS CHAINS TO A HADKONE TREE 4 , FEET IN DIAMETER MARKED WITH 3 NOTCHES POPE AND APT (EAST AND WEST) FOR A STATION TREE ON SAID SECTION LINE, SAID POINT ALSO BRING THE NORTHEAST CORNER OF THE ^y1.14 ACRE TRACT DEEDED BY DORA KOPPITZ AND 0. KOPPITZ TO W. C. MAHONEY, BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AIM SOUTHERLY LIME OF SAID MAHONEY TRACT, SOUTH 14-1/26 WEST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/2° WEST, 5.92 CHAINS, SOUTH 84 30' EAST 0.61 CHAINS, SOUTH 120 it BST 0 .83 CHAINS; SOUTH 100 40 ' WEST 1.08 CHAINS; SOUTH 40 45' WEST 1.06 CHAINS; SOUTH 35° 30' WEST 1.65 CHAINS; SOUTH 726 30' WEST 1.55 CHAINS: SOUTH 89* 30' WEST 1.1S CHAINS; SOUTH 700 15' WEST 2.48 CHAINS, SOUTH 810 201 WEST 1.03 CHAINS; NORTH 090 52' WEST 7.3S CHAINS TO STAKE K4M4 IN TENS EASTERLY LINE OF THE RENOWDE;N TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH RANGE 1 WSST; THENCE ALONG SAID 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6, NORTH 15.63 , CHAINS TO THE POINT OF BEGINNING, AND BE{ING,S A PORTION OF SECTION 6 IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. AND M. ASSESSOR'S PARCEL NUMBER: S44-31-004 PARCEL THIRTEEN: BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE$ RECORDED APRIL 'S, 1985 IN BOOK J312 PAGE 2167 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT A REDWOOD TREE, 24 INCHES IN DIAMETER, BEING THE OFFICIAL QUARTER SEsCTYON CORNER IN THE MIDDLE OF THE NORTH; LING OF SECTION SIX (6) IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN, BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING3 ON MAY 26, 2892, FORMERLY OF KOPPITZ) ; THENCE RUNNING ALONG SAID LINE (BEING THE TOWNSHIP LINE) CAST, 024E QUASTXR OF A MILE, TO THE MIDDLE OF THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 61 THENCE AT RIGHT ANGLES NORTH, TO THE ROAD KNOWN AS THE CHASE ROAD; THENCE RLWINGi ALONO SAID CHASE ROAD IN A GENERAL WESTERLY DIRECTION TO THE NORTHEAST CORNER OF THEE LAND OF H. PSTERSON (AS EXISTING ON 1101546 Psg� I2 0! 15 I •r ( i. w•i y~ t l MAY 26, 1892) ; THENCE SOttTI'H ALONG THE EAST LINE OF SAID PETERSON'S LAND (AS EXISTING ON MAY 26. 1892) ALONG A FF.NCk A DISTANCE OF FIFTY FEET, MORE OR LESS, TO TEAK ROAD LEADING FROM SAID CHASE ROAD TO THS PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) ; THENCS ALONG SAID ROAD IN A GENERAL SOUTHERLY DIRECTION TO A POINT FROM WHIClY ' A STRAIGHT LINE DRAWN TO THE REDWOOD TRES, THE PLACE OF BEGINNING!, WILL PASS SOUTH OF AND DISTANT SEVENTY-FIVE (75) FEET FROM THAT CERTAIN SPRING WHICH IS SITUATED ABOUT HALF WAY BETWEEN SAID CHASE ROAD AND SAID ROAD LEADING FROM THE CHASE ROAD TO SAID PREMISES OF J.B. RRHOWDEN (AS EXISTING ON MAY 26, 1692) AND NEAR THE WESTERN BOUNDARY OF THE. LAND HEREBY CONVEYED, WHICH 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 WE-EIGHTH OF A MILE TO THE PLACE OF BEGINNING; AND BEING A PART OF LOTS 10 AND 12 OF THE SVBDIVISIION OF THE RENOWDEN TRACT AS SHOWN UPON THE MAP THEREOF OF RECORD IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, IN BOOK "C" OF MAPS, PAGE 51. BRING THE SAME PREMISES GRANTED TO SAID PARTY OF THE FIRST PART BY J.H. R.EN014"DEN, 2T AL,BY DEED DATED MAY 26, 1892, OF RECORD IN LIBER 146 OF IDEED;3, PACE S29, ST SEQ. , IN THE COUNTY RECORDER'S OFFICE OF MAID COUNTY OF SA14TA CLARA, TO WHICH DEED AS THERE RECORDED RBFBRSNCE I8 I.1SRE8Y 9pECIALL,Y MADE FOR DESCRIPTION OF SAID PRF:MIsss. ASSESSOR'S PARCEL NUMBER: 544-20-004 (PORTION) AND 544-30-00: (PORTION) PARCEL FOURTEENS BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1995 IN HOOK .1334, PAGE 1832 OF OFFICIAL RECORDS, DESCRIBED AS !FOLLOWS s BEGINNING AT A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL ONE QUARTER (1/4) SECTION CORNER IN THE NORTH LINE OF SECTION 6, M-D.M. , SAID POINT OF BEGINNING BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING ON JULY 6TH, 1892, FORMERLY OF KOPPITZ); THENCE RUNNING ALONG THE 1/4 SECTION LINE SOUTH 5.16 CHAINIB TO A STAKE MARKED "54", FROM WHICH A BLACK OAK MARKED "B.T.R.55" YEARS 8. 36 30' W. 54 LINKS DISTANT; THENCE RUNNING ALONG THE CENTER LINE OF THE ROAD LADING FROM THE CHASE ROAD TO THE PREMISES OF J. 9. RENOWDER (AS EXISTING ON JULY GTH, 1992) WITH THE FOLLOWING COURSES AND DISTANCES: 8. 560 37' W. 1.50 CHAINS; S. 73' I5' W. 0.61 CHAINS; N. 60" 45' W. 1.94 CHAINS; N. 740 30' W. 1.03 CHAINS; S. 70" 52' W. 0.58 CHAINS; S. 54" 30' W. 1.77 CHAINS; S. 47. W. 0.26 CHAINS; S. 88° W. 0.45 CHAINS; H. 540 15' W. 0.53 CHAIND, AND N. 360 46' W. 1.55 CHAINS; THENCE LEAVING SAID ROAD AND RUNNING ALONG THE SOUTHEASTERLY LINE OF BANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE (AS EXISTING ON JULY 6TH, 1692) N. 609 45' Z. 9.95 CHAINS TO THR PLACE OP BEGINNING; AND BEING A PAFT OF LOT 10 OF THE RENOWDEN SUBDIVISION, AS RECORDED IN BOOK "C", PAGE 51 OF MAPS, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MACE. VAR. 16. 30' Z. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES ! ups 13 of 15 2101546 r c r I .r t r • p. OF SANTA CLARA COLLEGE BY J. 8. RENOVIDEN, BY DEED DA^TRD 7ULY 6TH, , 1892, OF RECORD IN LIBER 150 OF DEEDS, PAGE 94 ET SEQ. IN THE OOU23TY ,. RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THERE RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR D3SCRZ TION OF SAID PREMISES. ASSESSOR'S PARCEL NUMBER: 544-30-002 (PORTION) PARCEL FIFTEEN: BRING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1995 IN BOOK J334, PAGE 1928 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE STANDING IN'THE NORTH LINE OF SECTION SIX (0) , TOWNSHIP NINE (9) SOUTH, RANGE ONE (1) WEST, MT. DIABLO BASE AND MERIDIAN, SAID STAKE BEING DXSTANT TWENTY (20) CHAINS EAST FROM A REDWOOD TRES 24 INCHES IN DIAMETER, BRING THE OFFICIAL 1/4 SSCrION CORNER IN THE SAID NORTH LINE OF SECTION 6, T.9.S.R.IW.; THENCE ALONG RAID LAST DESCRIBED SECTION LINE N. 89e 45' S. 9.00 CHAINS TO A 2" X 30 STAKE; THENCE NORTH 0.455 CHAINS TO THE CENTER LINE OF THE CHASE ROAD; THENCE RUNNING ALONG THE CENTER LINT: OF SAID ROAD, WITH THE FOLLOWING COURSES AND DYSTANCLS; N. 826 35' W. 0.68 CHAINS/ N. 710 SS' W. 1.5% CHAINS; N. 870 40' W. 3.33 CHAINS; N. 750 W. 1.06 CHAINS; N. 780 30' W. 1.12 CHAINS; AND N. 740 54' W. 1.745 CHAINS TO A POINT PROM WHICH A 2 X 3 INCH WITNESS STAKE BEARS SOUTH 8 1/2 LINKS DISTANT: THENCE SOUTH 3 .28 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 12 OF THE RENOWDEN SUBDIVISION, RECORDED IN MAP BOOK C, PACE Si, IN THE COUNTY RECORDRR'9 OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAC. VAR. 160 30' EAST. BEING SIM SAME PREMI889, GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF $ANTA CLARA COLLEGE BY JOSEPH RENOWDEN HT AL, BY DEED DATED AUGUST 17, 1892 OF "CORD IN LISER 150 OF DEEDS, PAGE 496 ST SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO 'WHICH DEED AS THERE RECORDED REFERENCE IS HERHSY SPECIALLY MADE FOR PARTICULAR DESCRIPTION OF SAID PREMISES. ASSESSOR'S PARCEL NUMBER: 544-28-004 (PORTION) PARCEL SIXTEEN: 891NCi THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 2905 IN BOOT: 0303 PAGE 919 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRCN PIPE 1-1/2 INCHES IN DIAMETER AND FOUR FEET LONG, SAID POINT OF BEGINNING BEING N. 640 44' E. 1.17-1/2 CHAINS FROM TUB SOUTHWEST CORNER OF LOT NO. 11 OF THE RENOWDEN TRACT, AS RECORDED IN MAP BOOK C, PAGE 51, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; THENCE N. 6* $' S. 1.71-1/2 CILAINS; S. 506 E. 1.95 CHAINS TO A STAKE, FROM WHICH BEAR$ A MADRONE TWO FRET IN DIAMETER S. SS- E. 3 LINKS AND MARKED B.T.L.Q.N.3; THENCE S. 700 W. 1.94 CHAINS TO THE PLACE OF BEGINNING, $RING A PART OP- DOT 11 OF THE RENOWDEN TRACT AS RECORDED IN MAP BOOK C, PAGE 51, RECORDS OF SANTA CLARA COUNTY, Pais 14 of 15 12.01546 , 1 t ' CALIFORNIA, AND BRING SITUATED`".tR"fiT9CTX0 "31;T.8 S.R. l N. m.o.H. ASSIMSOR'0 PARCI&L XUM gXj 544 i9-006 a ?ago 13 of 13 ll{11546 r Bear Creek :dwoods Open 1 ace Preserve License A reement Improvements g°aa \ Greek s Bear Creek Redwoods Open Space Preserve 0`1et \; U -?op t-10 J�� Greek "—� � G°�\�ns v^ e Aldercroft Gee� I ' 01 7 t j EXHIBIT C 0 1250 2500 Feet i Regional Open S, ce 7 Meeting 00-16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meetin June 28, 2000 AGENDA ITEM 3 AGENDA ITEM Acceptance of a Real Estate Sales Agreement with Robert and J. P. Puette for the Sale of Surplus Land within the Mt. Umunhum Area of the Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Adopt the attached Resolution declaring property surplus to District's needs, approving and authorizing acceptance of the attached Real Estate Sales Agreement with Robert Puette and J. P. Puette, authorizing President of the Board to execute Grant Deed for the real property being released, and authorizing acceptance of Grant of Declaration of Covenants, Conditions and Restrictions to District. DISCUSSION A small parcel of land located adjacent to Wagner Road in the Mt. Umunhum Area of the p J g Sierra Azul Open Space Preserve is being proposed to be designated as surplus and sold to an adjacent property owner. The surplus property is a .08 acre (3,675 square feet) portion of a larger 2.51-acre parcel which the District acquired by Quitclaim Deed as part of the 1,465-acre Rancho de Guadalupe property (see report R-95-87). The surplus property is physically separated from the preserve by a fence and Wagner Road (see Exhibit 1). Wagner Road represents a demarcation line between private, improved residential lands within the Town of Los Gatos' Sphere of Influence to the west and District open space lands to the east and south. The proposed surplus land is adjacent to an improved residential property owned by Bob and J. P. Puette. The Puettes have historically used the property and their well is within fifteen feet of the property. In 1998, the Puettes' representatives approached the District with a proposal to acquire the entire 2.51-acre Wagner Road parcel. District staff investigated the proposal and determined that the larger portion of the parcel between Pheasant Creek and Wagner Road was a desirable part of the preserve. Subsequent negotiations lead to the Puettes proposing the acquisition of the small portion of the District land lying to the west of Wagner Road and physically separated from the balance of the preserve. They also desired to complete a lot line adjustment to provide them with two legal parcels. The lot line adjustment will result in the transfer of a single residential development density credit from District land to the Puette property. 330 Distel Circle a Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org a Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-00-87 Page 2 At the time of the District's initial acquisition, title to the 2.51-acre parcel was known to be "clouded" or unclear. Therefore, in exchange for the sale of surplus land, the Puettes agree to perfect the District's title to the 2.51-acre parcel of land by quiet title action on behalf of the District, and to provide development restrictions over their upper parcel that currently has an older residential structure. If successful, the Puette's will be paying any outstanding taxes that may be due. In addition, the District will receive development restrictions over a portion of the Puette property that will limit the height and color of future improvements and help minimize potential visual impacts as viewed from the adjacent preserve trails. The Puette's will also pay the District $200,000 for the residential density unit as outlined in the terms section of this report. Staff considers the recent proposal to be desirable for the following reasons: • the transaction will perfect the District's title to the 2.51-acre parcel and provide a policy of title insurance; • the property is separated from the preserve by Wagner Road and should be designated as surplus land; • any outstanding taxes will be paid to Santa Clara County; and • future improvements to the upper portion of the Puette property will have minimal visual impact on the Preserve; • the District will secure a payment of$200,000 for the District's cooperation with the lot line adjustment application, and the density unit transfer. Quiet Title Action and Lot Line Adjustment The process will begin with a quiet title action to perfect the District's title over the entire 2.51-acre parcel. Once completed, the District would enter into an application with the Puettes for a lot line adjustment. The adjustment will involve two District parcels adjacent to Wagner Road and one contiguous parcel owned by the Puettes (see Exhibit 2). The District's property is identified as Parcel 2 (including Parcel 2A), and Parcel 3. The Puette property is identified as Parcel 1. The surplus property proposed for the transfer to the Puettes is identified as Parcel 2A. The lot line adjustment will not increase the number of parcels, but will reconfigure the existing three parcels (see Exhibit 3). Parcel A will be comprised of approximately 11.2 acres and results from combining a portion of the original Puette parcel with the .08-acre (3,675- square feet) portion of the District land. Parcel B will be the remaining 1.2-acre portion of the Puette property where the residence is currently located. Parcel C will represent the remaining District land on the west side of Pheasant Creek and is comprised of approximately 26.2 acres. The new boundary between the private parcels and District preserve will be the alignment of Wagner Road. The new boundary will be easier to maintain and manage by staff and will provide a more definable boundary for the preserve. The transfer will significantly reduce conflict of use between the public, private property owners and the District. R-00-87 Page 3 Development Restrictions The development restrictions over the Auxiliary Home Site (Parcel B on Exhibit 3), will maintain an additional measure of protection of the viewshed from the adjacent Preserve trails. The restrictions will limit height and color of buildings, and protect trees on the property through a design consistency review process. A residence on the site will be limited to 20 feet in height. Any accessory structures will be limited to one story and 20 feet in height. The color of existing and future structures, including roofs, will be limited to earth tone colors. The restrictions will also protect native trees on the site. These restrictions will help to maintain a vegetation screening around the structures on the property as viewed from Sierra Azul Open Space Preserve. Submission to determine design consistency must be made to the District prior to submission to other agencies and construction. CEQA COMPLIANCE Project Descri to ion The project includes designating a .08-acre (3,675 square feet) area of District land as surplus property and entering into an agreement to sell the surplus property to an adjacent property owner. The project also includes a quiet title action to perfect the District's title to a 2.51-acre and a lot line adjustment reconfiguring three parcels of land. No new parcels are being created but the project will result in the buyers of the surplus property obtaining one additional legal parcel. The buyers have indicated a desire to remodel the existing single-family residence that is located on the smaller of the two parcels and it is reasonably foreseeable that a new single family residence will be constructed on the buyers' larger parcel. The property is within the Los Gatos Hillside Specific Plan which allows accessory structures but no secondary dwelling units. Improvements to the existing structures on the smaller of the two private parcels would not have a significant impact on the preserve, considering the covenants and restrictions being placed on this property. The anticipated structure(s) on the larger private parcel would also not have a significant impact on the Sierra AM Open Space Preserve. CAA DETERMINATION The project is categorically exempt under sections 15312, 15305 and 15303 of the California Environmental Quality Act Guidelines. Categorical Exemption 15312 - Surplus Government Pro12eM Sales. The property is designated surplus government property because it is an isolated small parcel that does not provide valuable open space qualities. The property was acquired by the District in June 1995 as part of the Sierra Azul Open Space Preserve. The property is separated from the larger part of the preserve by a fence and Wagner Road. The use of the property has not changed since the time of purchase. The property was withheld from open space dedication to allow for property line adjustments, potential exchanges of property rights or disposition of property rights. R-00-87 Page 4 Categorical Exemption 15305 - Minor Alterations in Land Use Limitations. Minor lot line adjustments not resulting in the creation of any new parcels are categorically exempt under Section 15305. The area involving the lot line adjustment has an average slope of less than 20% and the lot line adjustment does not result in any changes in land use. Improvements to the residence on the smaller Puette parcel will be minor and not constitute a change in land use. Under the terms of the Covenants, Conditions and Restrictions on the small parcel, construction of a single-family residence would not impact the environment in general. Categorical Exemption 15303 - New Construction or Conversion of Small Structures, Construction of a single-family residences and accessory structures are categorically exempt under Section 15303. Under private ownership it is reasonable to expect the larger undeveloped parcel to be developed for residential use and/or accessory structures. The property is zoned A-20-S-D, requiring 20 acres for one single-family residence. Therefore, a maximum of one single-family residence would be allowed on both parcels by the current Santa Clara County Zoning Ordinance. The construction of a single-family residence on this site would be in conformity and compatible with other adjacent land use. The property does not contain a sensitive habitat and will not impact a resource of hazardous or critical concern. There are no unusual circumstances anticipated with the foreseeable improvement of this property. TERMS AND CONDITIONS The Real Estate Sales Agreement between the District and the Puettes requires the following essential terms: 1. The Puettes are to perform a quiet title action perfecting the District's fee title to Parcel 2 (Exhibit 2). 2. Upon recordation of a Judgment quieting District's title to Parcel 2, the District will grant fee title to a .08-acre (3,675 square feet) surplus parcel (Parcel 2A) to the Puettes. 3. The Puettes shall pay the District $200,000 in cash, contingent upon the District joining the Puettes as co-applicants in a Lot Line Adjustment application to Santa Clara County. 4. The Lot Line Adjustment application is intended to subdivide the Puette property, including Parcel 2A into two legal building sites. After completion of the Lot Line Adjustment process, the Puette property will be configured as Parcel A and B as shown on Exhibit 3. 5. Parcel B will be subject to a recorded Declaration of Covenants, Conditions and Restrictions. This development restriction will limit the height and color of the improvements and protect the native trees which screen the house site from surrounding open space lands. The Puettes will be responsible for all costs associated with the quiet title action and the Lot Line Adjustment application. These costs include attorney, survey, engineering, and R-00-87 Page 5 application fees, recording, title research, insurance, and current and delinquent property taxes relating to the District's Parcel 2 (Exhibit 2). If the Lot Line Adjustment is not approved by the County, the District will still grant fee title of the surplus property to the Puettes. However, the Puette property, including the surplus parcel, would constitute one legal residential parcel. As consideration for this backup transaction, the Puettes remain responsible for all costs associated with the quiet title action, including payment of current and delinquent property taxes, and issuing the District policy of title insurance for Parcel 2, excluding Parcel 2A. Because the subject property (Parcel 2A) is isolated from adjoining open space lands by Wagner Road, and due to the developed nature of the surrounding area, staff is recommending that you declare Parcel 2A surplus land suitable for disposition. Staff also recommends that you approve the attached Sales Agreement which perfects the District's title to Parcel 2, provides a $200,000 cash payment for the transfer of one density credit to the Puette property, and requires a development restriction over the second Puette building site (Parcel B on Exhibit 3) which limits the visual impact to the surrounding open space lands. Although this .08-acre (3,675 square feet) area does not constitute a stand-alone, buildable site, the District offered the property to other local park and/or public recreation agencies in accordance with Government Codes 54222(b) and 54223 with notified agencies either declining any interest or not responding. In addition, the County of Santa Clara indicated that the proposed disposition of property is in conformity with the General Plan in accordance with Government Code 65402(c). Public Notification Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed transaction. LIST OF ATTACHMENTS Exhibit 1: Site Location Map Exhibit 2: Existing Configuration of All Properties Exhibit 3: Configuration of All Properties After Lot Line Adjustment Prepared by: Mike Williams, Real Property Representative Thomas W. Fischer, Land Protection Specialist Duncan Simmons, Attorney Graphics prepared by: Ana Ruiz, Planning Technician Contact person: Mike Williams, Real Property Representative RESOLUTION NO. 0 0-3 9 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DECLARING PROPERTY SURPLUS TO DISTRICT'S NEEDS, APPROVING AND AUTHORIZING ACCEPTANCE OF THE REAL ESTATE SALES AGREEMENT, AUTHORIZING THE PRESIDENT OF THE BOARD OR OTHER APPROPRIATE OFFICER TO EXECUTE GRANT DEED FOR THE REAL PROPERTY BEING RELEASED, AUTHORIZING OFFICER TO EXECUTE A CERTIFICATE OF ACCEPTANCE OF GRANT OF RESTRICTIONS TO DISTRICT, AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - ROBERT PUETTE AND J. P. PUETTE) 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 find and declare that certain portion of Santa Clara County Assessor's parcel 575-04- 005 lying on the west side of Wagner Road as shown on Exhibit 1 as surplus to the District's needs and finds the sale and release of said property is in accordance with the Basic Policies of the District and is not detrimental to the open space character of Sierra Azul Open Space Preserve. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Real Estate Sales Agreement ("Agreement") with Robert Puette and J. P. Puette and the District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President of the Board or other appropriate officers to execute the Agreement on behalf of the District. Section Three. The General Manager is authorized to execute the Retainer Agreement with Thelen Reid & Priest, LLP to perform a Quiet Title Action on behalf of the District. Section Four. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District for the grant of Declaration of Covenants, Conditions and Restrictions as set forth in the Agreement. Section Five. The General Manager is further authorized to execute any and all documents necessary or appropriate to the participation in a lot line adjustment application as set forth in d and all the Agreement attached hereto and incorporated by this reference, an to execute any other documents in escrow necessary or appropriate to the implementation or closing of any of the transactions approved in this Resolution. Section Six. The General Manager and General Counsel are further authorized to approve any minor technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of any of these transactions. SIERRA AZUL OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT \ Portion of APN: 575-04-005 Proposed for Disposition 0.08 acres (3,675 +/ s.f.) APN: 575-04-005 —\ Total Size: 2.51 Acres - �_._ - i Portion to be Retained 2.43 acres Arnerich Roa =/ ' APN: 537-1 1-012 J APN: 575-05-001 _ �/ ctr � 0� u Slerra�A uY 0 en, S ac�Preserve (former Rancho, de Guadalupe) EXHIBIT 1: SITE LOCATION MAP 0.5 p 0.5 MILES SIERRA AZUL OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a ;- _ ks c—, i 1 Parcel 2A, a Portion of Parcel-2 1=�� 0.08 acres�(3-,05 s'q-ft:) �_ - �� Parcel 2�(inc uc ft-Pare I'2A)� — Read -- Arnerr �_ _. _ APN 575-04-005 1 '_ Parcel (2.51 +/- Acres ;- -- APN 537-11-012 _ ) ---,� ---. � (12.34 +1-Acres, Parcel 3 1 � IAPN 575-05-001 �(23.79 +/-Acres) Cl ph(, wa � Sierra Az��tl \Open p c Rreserve a (forrne`rlRancho de Guadalupe) � I EXHIBIT 2: EXISTING CONFIGURATION OF ALL PROPERTIES 0.5 0 0.5 MILES SIERRA AZUL OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 0 0.125 0.25 MILES 0 Parcel A (11.2 +/- Acres) /Arner� ch Road — s i t 4 Parcel C (26.2 +/-Acres) Boa Parcel B Auxiliary Home Site (1.2 +/-Acres) Road a Sierra Azul/Opp Spa a Preserve (.for em r RI ncho de Guu dalupe) i� EXHIBIT 3: CONFIGURATION OF ALL PROPERTIES AFTER LOT LINE ADJUSTMENT Regional Open , ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-85 Meeting 00-16 June 28, 2000 AGENDA ITEM 4 AGENDA ITEM Program Evaluation for the 1999-2000 Action Plan fo he Implementation of the Basic Policy of the Midpeninsula Regional Open Space District GENERAL MANAGER'S RECOMMEN ON Comment on and Accept Staffs Program Evaluation Report. DISCUSSION The attached program evaluation material covers the 1999-2000 fiscal year. Staff will brief you at your June 28 meeting on the status of key projects, plus additional projects and activities not specifically included in the Action Plan that required significant staff effort. it You adopted the new Action Plan for the 2000-2001 fiscal year at your March 22, 2000 meeting. Copies of both Action Plans are available at the District office for public inspection. Prepared by: L. Craig Britton, General Manager T. Fischer, Land Protection Specialist D. Dolan, Administration & HR Manager L. Zadek, Real Property Assistant S. Schectman, General Counsel S. Jensen, Public Affairs Manager J. Preciado, Sr. Administrative Assistant P. McKowan, Volunteer Coordinator J. Escobar, Assistant General Manager L. Raymaker, Docent Coordinator G. Baillie, Management Analyst K. Webb, Public Affairs Assistant J. Isaacs, Resource Management Specialist J. Cahill, Planner II M. Williams, Real Property Representative M. Freeman, Open Space Planner II D. Woods, Senior Acquisition Planner Contact person: L. Craig Britton, General Manager 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 ACTION PLAN FOR THE IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1999-2000 FISCAL YEAR I. OPEN SPACE ACQUISITION PROGRAM A. Negotiations and Special Projects Subprogram B. Land Protection Program C. Enterprise Subprogram 11. PLANNING PROGRAM A. Advance Planning (including related Interdepartmental Support and Team Development) Subprogram B. Current Planning (including related Interdepartmental Support and Information Systems) Subprogram 111. OPERATIONS PROGRAM A. Field Operations Subprogram B. Resource Management Subprogram IV. PUBLIC AFFAIRS PROGRAM A. General Public Information and Outreach Subprogram B. Legislative, Funding, and Organizational Relations Subprogram C. Visitor Services Subprogram V. ADMINISTRATION PROGRAM A. Administration/Human Resources Subprogram B. Legal Services Subprogram OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations and Special Projects B. Land Protection C. Enterprise To Implement the BASIC POLICY OBJECTIVE: The District seeks to purchase or otherwise acquire interest in the maximum feasible area of strategic open space within the District planning areas, including badlands and foothills. The District seeks to link its open space lands with federal, state, county, and city parklands and watershed lands. General Program Emphasis for 1999-2000 The program's emphasis will be to acquire the higher priority projects funded under the District's Financing Authority. Lower priority properties will be pursued through long-term options, available grant funding, bargain sales, and gifts. The District will continue to work with Peninsula Open Space Trust(POST)to acquire land and to further the District's overall open space acquisition goals. The new Land Protection Subprogram will focus on conducting comprehensive land acquisition studies,monitoring land use planning activities surrounding District preserves, and resolving conflicts arising from easement and encroachment issues. The Enterprise Subprogram will focus on maximizing rental income consistent with Open Space Management policies, and on maintaining and improving District rental structures. Staff Resources (Regular, full-time positions, unless otherwise indicated) Land Acquisition Manager(vacant position) Real Property Representative Senior Acquisition Planner Land Protection Specialist Real Property Assistant PROGRESS: Program Emphasis The District acquired or preserved approximately 2,748 acres of open space lands during the 1999-2000 fiscal year including: acquired the lower 260-acre Arlie Land and Cattle property, and at the same time entered into a Purchase Agreement and Lease and Management Agreement with Peninsula Open Space Trust(POST)to manage the upper 805-acre Arlie Land and Cattle 2 property thus creating the Bear Creek Redwoods Open Space Preserve; acquired the 114.97 acre Mesenburg property, the 40.56-acre Eastfield Ming Quong, Inc. property, an undivided3/4 interest the 41.78-acre Hubenette property, the 2-acre Gagliasso property and the 99.47-acre POST(North)property to expand Sierra AzuI Open Space Preserve; acquired the 39.79-acre Greenblatt/Fong property, the 40-acre Munson property, and the 40-acre POST (Garrod) property to expand the Long Ridge Open Space Preserve; acquired the 184-acre Foster property as an addition to Saratoga Gap Open Space Preserve; acquired the 8.80-acre Glenn Procter, and the 14.03-acre Robert Procter property as additions to the Thomewood Open Space Preserve; received a gift of the 2.38-acre POST(Green)property as an addition to the Teague Hill Open Space Preserve and a gift of a 1/6th interest in the 32-acre Kirschbaum property (which equates to 5.33 acres) as an addition to Sierra AzuI Open Space Preserve. • The District also entered into two additional Management Agreements with POST for the 286.46-acre POST (Guadalupe Land Company) property, and the 493-acre POST (Loma Prieta Ranch) property as part of Sierra AzuI Open Space Preserve. 3 1999-2000 Negotiations and Special Projects Subprogram Objective To provide for the acquisition of all real property rights necessary to secure a recreational and open space greenbelt in the foothills and baylands, including rounding out and improving public access to existing preserves and connecting District preserves with other public lands. Key Projects 1. New Land Commitments - Convert the budgeted funds in the New Land Commitments budget category into open space lands, at desirable prices, focusing on the higher priority properties which specifically protect the greenbelt- including rounding out and improving public access to existing preserves, connecting to other preserves or public lands, and furthering the completion of the Bay Area Ridge Trail and Bay Trail Systems. Balance the desirability of the potential acquisition with the availability of limited funds, including, if possible,private financing with favorable terms and obtaining trail easements. PROGRESS: • In a partnership with POST, the District acquired the 1,065-acre Arlie Land and Cattle property forming the Bear Creek Redwoods Open Space Preserve. The District exercised its option to acquire this important property by purchasing the Lower 260-acre property for $15 million and POST contributed $10 million to acquire the upper 805-acre property. The District has secured $5 million in grants from San Francisco Bay Conservancy Program of the California Coastal Conservancy ($3 million) and from the Wildlife Conservation Board ($2 million). Once POST has secured the remaining $5 million in private donations, fee title to the upper 805-acre property will be transferred to the District to complete the grant projects. • The District acquired the 184-acre Foster property as an addition to the Saratoga Gap Open Space Preserve. The majority of this property is located on the south side of Highway 9, and includes densely forested canyons and riparian corridors. Combined with acquisitions in the previous fiscal year (the 188-acre Girdner property and the gift of the 17.4-acre POST [Zabel] property), the District has protected over 389-acres along the southerly side of the scenic corridor of Highway 9. • The District acquired the 99.47-acre POST (North) property along Hicks and Reynolds Roads and adjacent to and east of the Rancho de Guadalupe property as part of Sierra Azul Open Space Preserve. POST then used the proceeds to help acquire the nearby Guadalupe Land Company Property. On the west side of the Rancho de Guadalupe property, the District acquired the 114.97-acre Mesenburg property, which includes two main tributaries of Pheasant Creek. 4 1999-2000 Negotiations and Special Projects Subprogram 2. Pursue Key Acquisitions - To protect the scenic ridgeline at the District's northern boundary, pursue negotiations to acquire critical properties under threat of present or future development. Pursue acquisition of important properties at District's southern boundary linking District lands with State park lands including potential connection between the Bay Area Ridge Trail and Santa Cruz County's Coastal Trail. PROGRESS: • The District obtained an option to purchase the 493-acre Loma Prieta Ranch which was assigned to Peninsula Open Space Trust (POST) and subsequently acquired by POST in December 1999. The District entered into a Management Agreement with POST at the same time. This property provides a potential trail link between Sierra Azul Open Space Preserve, the Bay Area Ridge Trail and through Forest of Nisene Marks State Park, for a potential connection with California Coastal Trail in Santa Cruz County. The District has applied for a State Habitat Conservation Grant to assist in the eventual acquisition of this property from POST. 3. Grants,Gifts, Bargain Sales and Joint Acquisitions - To augment limited acquisition funds, explore new grant opportunities, and focus on acquiring open space lands through bargain sales, and/or gifts where possible. Pursue the joint acquisition of appropriate properties with Santa Clara County Parks near the Lexington Reservoir and Save- the-Redwoods League near Long Ridge Open Space Preserve. Work closely with Peninsula Open Space Trust(POST)to pursue grant opportunities to acquire lands that round out existing open space preserves. PROGRESS: • The District acquired the 40-acre Munson and 40-acre POST (Garrod) property as additions to the Long Ridge Open Space Preserve. These properties complete the Slate Creek trail corridor linking District open space lands with Portola Redwoods State Park. Save-the-Redwoods League generously contributed $345,000 towards the purchase of these properties. • The District obtained purchase options on the four Procter family properties totaling 31.84-acres as additions to Thornewood Open Space Preserve. During the 1999-2000 fiscal year, the District closed escrow on three of the four Procter family properties totaling 22.83-acres. The fourth and final Procter property closed escrow after the end of the fiscal year. These properties are situated along the northeast banks of Dennis Martin Creek and include a hiking trail known as Dennis Martin Road. Peninsula Open Space Trust (POST) generously contributed $750,000 in grant funds toward the purchase of these properties. 4. Alternative Acquisition Methods - Obtain Board approval on appropriate long-term options, at market prices or less,to acquire desirable properties that might be affordable in future years should the District be successful in obtaining additional funding for land acquisition. Explore various alternative terms of purchase (installment purchases, 5 1999-2000 Negotiations and Special Projects Subprogram defeasible fee, etc.)to offer advantages and incentives to landowners, as well as cost savings to the District. PROGRESS: • The District obtained a purchase option for the 258.91-acre Bishop/Krone property at a purchase price of$2 million as a potential addition to El Sereno Open Space Preserve. As part of this transaction, staff continues to work with Montgomery Highlands homeowners to resolve issues relating to water and road maintenance, which will require a contribution of$800,000 from the District as part of the contract. • The District obtained a an option to acquire the 72.66-acre Benedetti property as an addition to Pulgas Ridge Open Space Preserve. This property is situated between the Interstate 280 freeway corridor to the west and the City of San Carlos to the east. This transaction will essentially complete the Pulgas Ridge Open Space Preserve, and was sold to the District on a "Bargain Sale" basis. 6 1999-2000 Land Protection Subprogram Objective To preserve and protect District open space lands by conducting land acquisition planning activities to identify acquisition priorities and, once acquired, to further protect these lands by defending the District's property rights from incompatible and encroaching land use activities. Key Projects 1. Land Acquisition Planning- To provide comprehensive land acquisition studies and revise acquisition priorities to guide the acquisition program. Provide site specific information to land negotiators to assist them in developing terms and conditions for acquisition projects. Seek acquisition grant opportunities for high priority projects, including joint acquisition grants with other public agencies and organizations. Collaborate with Planning and Operations Programs to facilitate incorporation of land acquisitions into the District greenbelt PROGRESS: • Acquisition studies were completed for the Alma College, DHL, Guadalupe College, Guadalupe Land, and Krone/Bishop properties, and the associated CEQA documents were prepared for the Alma College (Bear Creek Redwoods Open Space Preserve) property acquisition. • Grants were submitted to the Habitat Conservation Fund, Valley Transportation Agency, Bay Conservancy Program, and Wildlife Conservation Board for assisting with the Bear Creek, Loma Prieta Ranch, and Russian Convent acquisitions. • Staff has participated in team meetings with Planning and Operations to facilitate management of Bear Creek Redwoods Open Space Preserve and the Procter property addition to Thornewood Open Space Preserve. 2. Land Development Monitoring- To protect public and private open space lands from negative impacts associated with adjacent land development. Work with local jurisdictions, environmental organizations and private property owners in trying to protect open space lands through the public review process. When appropriate, partner with private property owners in seeking balanced land use plans that will maximize open space preservation. PROGRESS: • Staff has utilized the public review process to protect open space lands from negative impacts of adjacent development on Montebello Road near the Picchetti Winery, at the McCarthy development of the Guadalupe College site, and the subdivision of the Holmes property at Summit Road. I 7 1999-2000 Land Protection Subprogram • Staff has worked with the local Los Gatos jurisdiction to clarify use and development activity on the Novitiate site adjacent to St. Joseph's Hill Open Space Preserve. Staff has collaborated with the McCarthy development principals in seeking balanced and complimentary open space planning. • Acquisition staff worked closely with Planning, Operations and Legal staff to ensure and protect the District's property rights with the sale of the former 20- acre Slobe inholding at Windy Hill Open Space Preserve to Derry and Charlene Kabcenell. Staff has worked with the Kabcenells in planning the alternative Alpine Road Bridge and Driveway alignment which was conceptually approved by the District Board of Directors in October 1999. 3. Easement Monitoring- To protect and monitor District lands encumbered by private and public easements and, conversely, protect District-owned open space easements where located on private and public lands. When easements are potentially violated, resolutions will be sought that protect and enhance open space values and minimize legal costs. Seek compliance with easement conditions or, if necessary, seek modifications to enhance open space protection. Use proper enforcement techniques in concert with the legal program if conflict resolution can not be achieved. PROGRESS: • Private easements held by the McKinneys and the Kabcenells are being revised to enhance environmental protections within Windy Hill Open Space Preserve. • Staff has led a team of volunteer Easement Monitors through planning, observation and reporting of current conditions on lands with conservation easements held by the District. • Resolutions have been sought with easement violators near the Paulin property in La Honda Creek Open Space Preserve. • Staff has followed established legal procedures with violations at the Brooks/Hose Easement adjacent to Fremont Older Open Space Preserve resulting in a high level of cooperation in obtaining resolution. • Staff has worked to perfect an access easement for the District from Summit Road to the upper area of Bear Creek Redwoods Open Space Preserve. • Staff has pursued the acquisition of formal easements or licenses for public use at Ravenswood Triangle in the Baylands, on Sheldon Road adjacent El Sereno Open Space Preserve and with the Lodge at Skylonda adjacent La Honda Creek Open Space Preserve. 4. Encroachment Reduction - To protect open space preserves from encroachments and preserve District property rights. Work closely with Planning, Operations and Legal programs to achieve early identification of potential encroachments and seek resolution 8 1999-2000 Land Protection Subprogram by negotiations and enforcement, if necessary. Use a variety of techniques to resolve encroachment issues including restoration, mitigation and boundary line adjustments to maximize open space protection PROGRESS: • Land Protection, working closely with Planning, Operations, and Legal staff has responded to encroachments at Bear Creek Redwoods, Purisima Creek, La Honda Creek, Sierra Azul, Saratoga Gap, Long Ridge, Fremont Older, and Teague Hill Open Space Preserves. • Early identification of encroachments at Bear Creek Redwoods, Sierra Azul, and Long Ridge Open Space Preserves have resulted in timely and efficient resolution. • Cooperative responsible parties at encroachments on Bear Creek Redwoods, La Honda, and Long Ridge Open Space Preserves have enabled direct resolution techniques. Uncooperative responsible parties at Purisima Creek Redwoods, La Honda Creek, and Sierra Azul Open Space Preserves have forced staff to use more aggressive legal techniques in order to obtain a resolution adequately restoring and mitigating damage to open space. 9 1999-2000 Enterprise Subprogram Objective I To manage all of the District's revenue-producing activities in such a way as to maximize income from enterprise accounts consistent with Open Space Management policies, incorporating compatible new programs when possible. Key Projects 1. Administer Enterprise Accounts - Administer rental accounts, communication and agricultural leases, consistent with open space management policies, to maintain and enhance revenue stream through competitive and current rate structure, effective maintenance programs and communication with tenants. PROGRESS: • A new tenant, Drug Abuse Sciences, took occupancy in the Distel Circle office space. They are occupying less square footage than the previous tenant, but paying a greater rental rate due to the increase in current market rental rates for office space. • A stable lease was secured into at the Bear Creek Redwoods Open Space Preserve. 2. Maintain Rental Structures - Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition, and to increase net rental income. Administer long term and recurring maintenance priorities on rental properties. PROGRESS: • Installed a new water system and 3,000 gallon water tank at the former Smith house on the Russian Ridge Open Space Preserve. • A new roof was installed at the employee residence at Fremont Older Open Space Preserve. • Two propane tanks were installed for the three Saratoga Gap Open Space Preserve residences. 3. Administer Historic Leases - Oversee lease compliance and renovation requirements at historic Picchetti winery, Thornewood estate, and Fremont Older house. Pursue lease extension and potential agricultural lease with new tenant as part of the historic Picchetti winery. 10 1999-2000 Enterprise Subprogram PROGRESS: • The tenant at the Thornewood Estate completed the first phase of installing a new roof on the main residence and is currently working on phase two of the project to complete the roofing of this historical structure by summer's end. 4. Identify and Pursue Alternative Lease Arrangements - Investigate long term leasehold interest agreements and alternative lease arrangements for the appropriate enterprise properties to enhance net income and minimize maintenance costs to the District in accordance with Board policy. PROGRESS: • The District entered into an alternative lease arrangement for the former McDonald residence at La Honda Creek Open Space Preserve. This lease provides for repair and maintenance of the rental residence in lieu of a portion of rental payments. I 11 OPEN SPACE PLANNING PROGRAM I Subprograms A. Advance Planning B. Current Planning To implement the BASIC POLICY OBJECTIVES: I The District follows management policies that ensure proper care of the land, that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. The District works with and encourages private and other public agencies to preserve, maintain, and enhance open space. The District protects and restores the natural diversity and integrity of its resources for their value to the environment and the public, and provides for the use of preserves consistent with resource protection. Program Emphasis for 1999-2000 Focus attention on special advance planning projects including coordinating and supporting the proposal to expand the District's boundaries to include the San Mateo County Coast; initiating the resource inventory and assessment of Sierra Azul Open Space Preserve; and reviewing and updating the District's Trail Use Policies and Guidelines. Continue to make significant progress on additional work program projects in the areas of Interdepartmental Support, Planning Team Development, Information Systems, and Current Planning, including site planning and capital improvements. Staff Resources (Regular, full-time positions unless otherwise indicated) Planning Manager(1) Senior Planner(1) Planner II (2) Planner I (2, one vacant) Planning Technician(2) Planning Secretary (1) 12 1999-2000 Advance Planning Subprogram Objective Assist with the formulation, review, and refinement of policies, District-wide plans, and cost estimates for the management and development of District preserves on a regional or District- wide basis. Work with local agencies on joint planning and implementation projects, to share information, and to encourage planning decisions that support the preservation of open space and natural resources and development of regional trail systems. Key Prolects 1. Annexation of the San Mateo County Coast-Administer and coordinate a consultant contract to consider annexation of the San Mateo County Coast, including the annexation process and completion of an Environmental Impact Report for the action. Provide half- time staff planner representation at Coastal Advisory Committee meetings, other related public meetings on the coast, and general public communication and coordination. PROGRESS' • Generated significant background information about coastal resident interests and issues • Collected economic and geographic base information for coastal area, and developed GIS data to support the Environmental Impact Report, the fiscal impact analysis, and for mapping and presentation needs • Completed work with Citizen's Advisory Committee • Directed and coordinated consultant's contract, including the preparation of draft service plan and guiding coastal policies 2. Trail Use Policy and Guidelines Review - Review and revise policies based on growing experience with trail use planning and Board concerns about preserving a wilderness experience. Includes an extensive public input and review process. Significant work to be completed by a consultant, under the close direction of staff. PROGRESS' • Researched comparable trail systems and assessed policies of other Bay Area park and open space agencies • Worked with Ad Hoc Trail Policy Committee to develop objectives for the project and outline a proposal for trail use designations • Presented staff proposal at March 9th public meeting for Committee review and public comment • Initiated further research and revisions to proposal in response to Committee and public input • Data Collection, analysis, and development of draft proposal were conducted and performed by staff. i 13 1999-2000 Advance Planning Subprogram 3. Develop and Initiate an Area Planning Process/Area Plan - Develop a process to assess use and management of District lands on a sub-regional basis. This project will include the review and amendment of the adopted use and management planning process, a continuation of the compilation of resource data and development of resource inventory methods, and development of a planning approach to study planning issues relating to incoming acquisitions. The test bed for this process is proposed to be a pilot Area Plan for the northern portion of the Sierra Azul Open Space Preserve. Significant work to be completed by a consultant, under the direction of staff. Most likely, this project will require two years to complete. PROGRESS: • Conducted extensive review of park and open space master planning projects to identify successful models and methods. • Refined project goals and objectives and confirmed approach to manage the project in-house in order to retain control of the methodology and deliverables. • Developed scope of work to guide phase one, a natural resource inventory and assessment and solicited request for qualifications from local planning firms and evaluated their capabilities and experience. • Entered into contract with ten consulting resource specialists to develop a detailed vegetation map of the preserve; to inventory the preserve's biological, geological, hydrological, and cultural resources; to map and assess the preserve's road and trail system; and to organize this information into the District's in-house GIS database. • Held kick-off meeting with consultants and field staff, initiated field work and development of the GIS planning basemap. i 4 Planning Team Organization - Implement staffing additions, including hiring and training new employees. Continue to work with consultant Emily Jarosz, in the training and development of team members; refine individual roles and responsibilities, p coordinate efforts with other District programs, and better organize team business and training. PROGRESS: • Added new Planning Technician and Planning Secretary, trained, and oriented them to be integral part of the Program. • Trained and mentored staff in new positions, including new Senior Planner, Planner II, and Planner I. • Refined Planning goals and procedures, working with a consultant at a workshop on September 9`h , and in a retreat on January 19, and in follow-up meetings • Outlined contents and began preparation of Planner's Handbook containing basic forms, guidelines, policies and reference information to serve as resource in conducting day-to-day business. 5. Trail Signage Evaluation - In conjunction with the Sign Committee, comprised of representatives from Planning, Operations and Public Affairs, evaluate the 14 i �1999-2000 Advance Planning Subprogram District's trail signing system. Identify problem areas and potential solutions which may include conversion of wood trail signs to metal. PROGRESS: •Conducted staff and interagency survey to assess signage issues, priorities, and preferences. •Researched sign materials and prepared cost-benefit analysis for trail sign materials •Designed a prototype metal trail directional sign. •Worked with Sign Committee to develop a pilot program to evaluate the use of metal trail directional signs,which will be implemented in FY00/O1. _ i i I i 15 1999-2000 Current Planning Sub ro ram P li Objective Apply policies, prepare and implement plans and capital improvement projects on a site-specific basis, and respond to preserve use and management issues. Includes mapping, signing, and other public information services. Key Projects l. Design and Implementation of Storm Related Repairs - Design repairs or replacement of public improvements to re-establish patrol and/or trail access. A. Purisima Creek Redwoods Open Space Preserve- Determine level of improvements for Purisima Creek Road, design, obtain permits, and construct. j Determine bridge type for Grabtown Gulch crossing, obtain permits, and construct bridge. PROGRESS: • Staff and a consulting engineer and geologist determined the necessary level of improvements and generated the appropriate design and construction specifications • Secured permits, solicited bids, and awarded contract for road repair and restoration in August 1999 • Completed a substantial portion of the two-year project by October 1999, with j only minor work to be completed in FY 2000/2001 • Utilized FEMA grant funding to offset approximately 50%of the total project cost • Removed Grabtown Gulch Bridge as per consultants' recommendation and will determine new location in FY 2000/2001 B. El Corte de Madera Creek Open Space Preserve—Determine method to repair Methuselah Trail damage, and construct bridge. PROGRESS' • Identified underlying causes responsible for winter trail damage and implemented repairs by field staff. • Identified further design and repairs to the Virginia Mill and the Methusalah Trails as key projects for FY 2000/2001. C. Skyline Ridge Open Space Preserve—Design improvements to repair storm damage to Old Page Mill Road, and obtain permits. 16 1999-2000 Current Planning Subprogram PROGRESS: • Submitted application for the extension of FEMA funding for repairs to Old Page Mill Road. D. La Honda Creek Open Space Preserve PROGRESS: • Field staff implemented storm damage repairs to the "Upper Patrol Road", including numerous culvert replacements and extensive regrading • Received FEMA funding for most of the repair costs 2. Establish an Employee Residence (Sierra Azul Area) - Conduct necessary engineering studies to ensure development feasibility, obtain permits, and construct a mobile or modular home. PROGRESS: • Assessed Hicks Road corridor to identify potential development sites for engineering studies • Worked with Acquisition Department to identify alternatives to development • Acquisition Department secured rental lease of the Slaght House for use as an employee residence 3. El Corte de Madera Creek Trail Use Plan (Study Area 2)Implementation - Upon adoption of the Trail Use Plan (Study Area 2), implement priority trail closures, restoration, realignments, and construction of new trails as outlined in the plan. PROGRESS: • Implemented closures to damaged trail segments • Consulting engineer conducted preliminary inspection of Virginia Mill Trail • Identified Virginia Mill Trail restoration and bridge design as a key project for FY 2000/2001 4. Replacement of Chemical Recirculating Restrooms—Replace the problematic chemical recirculating restrooms with prefabricated pit toilets. A. Skyline Ridge Open Space Preserve (replace two single units) PROGRESS: • Obtained necessary permits and purchased prefabricated units • Installed one unit; second unit will be installed in summer of 2000 B. Purisima Creek Redwoods Open Space Preserve(replace two single units) 17 i 1999-2000 � Current Planning; Subprogram PROGRESS: • Obtained permits and purchased prefabricated units • Installed one unit; second unit will be installed in summer of 2000 C. Rancho San Antonio Open Space Preserve (replace one double unit near Deer Hollow Farm) PROGRESS' i • Obtained permits and purchased prefabricated units •Installed unit in February, 2000 Progress on Unanticipated Current Planning Projects i PROGRESS' • Resurfaced and corrected drainage at Russian Ridge, Los Trancos and Windy Hill (Upper) Parking lots • Provided planning assistance to monitor and mitigate potential Slobe development at Windy Hill Open Space Preserve; issued permits to enter for well site and driveway alignment studies • Worked with Kabcenell to pursue feasibility of developing alternate access from Alpine Road; coordinated layout of driveway and bridge, and issued permit to enter for necessary design and permitting studies • Represented the District during the Moshell mediations, Richard lawsuit, and the Diesel case, and worked on settlement of the 1391 La Honda encroachment • Provided extensive planning support and mapping assistance on the Bear Creek Redwoods acquisition and on the Rancho San Antonio County Park lease • Reviewed and commented on Kerns residence proposal in Los Altos Hills • Conducted initial trail realignment planning at Fremont Older and St. Joseph's Hill • Installed a 500 gallon diesel fuel tank and pump at the Skyline Ranger Office • Implemented structural repairs to the `Red Barn' at La Honda Creek f 18 OPERATIONS PROGRAM A. Field Operations B. Resource Management To Implement the BASIC POLICY OBJECTIVE: The District follows management policies that ensure proper care of the land, that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. General Program Emphasis for 1999-2000 Continue to provide responsible stewardship of all District lands by furnishing those public safety, maintenance, construction, and resource management activities necessary to protect and enhance the natural resources and insure safe and appropriate use of District lands. Implementation of Board-adopted Resource Management Policies and Trail-use Policies and Guidelines will continue to be the primary focus of the Operations Program. Staff Resources (Regular, full-time positions unless otherwise indicated) Assistant General Manager Operations Manager Area Superintendents (2) Support Services Supervisor Operations Analyst Resource Management Specialist Supervising Rangers (4) Secretary Rangers(14) Equipment Mechanic-Operators (2) Lead Open Space Technicians (2) Open Space Technicians (7) Farm Maintenance Worker 10,000 Seasonal Open Space Technician hours Proposed Additions for 1999 - 2000 Assistant General Manager Rangers (2) 2,000 Seasonal Open Space Technician hours 19 1999-2000 Field Operations Subprogram 1. Operations Program Review - Work with the Board Ad Hoc Committee and staff to review the Warner Group report, and related written materials and comments received by the Board during the review process. Determine priorities and develop an action plan to identify specific projects to be undertaken. Encourage staff participation by creating frequent opportunities for comment and active participation in the process. Seek Board approval for policy level recommendations. Implementpr ocedural or administrative I recommendations with the approval of the General Manager. Issues related to ranger and visitor safety and staffing levels will be given the highest priority. PROGRESS I • Several meetings were held with field staff to obtain input on the proposed Action Plan and four meetings were held with the Ad Hoc Committee during which the Action Plan was finalized. A summary version was also created. • Progress on this project was delayed by work on the Rancho San Antonio County Park Agreement, and other projects. In addition to the continuation of the process of the Operations Program Review, the following specific projects, which were initiated because of the Program Review, have been accomplished: 1. Improvement of Radio System Coverage: • Mapping of radio dead spots within the District has been completed. • Testing of proposed new repeaters sites has been completed. • Staff is researching the process to obtain the necessary permits, agreements and licensing required to develop new repeater sites. 2. Improvement of Fire Pumpers' Reliability and Performance: • The pumps on existing fire pumpers have been retrofitted to improve reliability. • Four new upgraded fire pumpers were purchased and placed in service. These pumpers have significantly increased performance. These new units will be evaluated throughout the current fire season, and at the Russian Ridge burn. 3. Other Projects: • An Operations Staffing Plan was drafted and accepted by the Board. This will provide guidance for the growth of the Operations Program over the next several years. The plan includes the provision of four new field positions in the 2000/2001 budget. • A team of supervisors has been working on clarifying training standards, and improving methods of documenting provided training. 20 I i i 1999-2000 Field Operations Subprogram • Meetings have been held with neighboring Fire and Law enforcement g g jurisdictions to improve communications and clarify roles. 2. Interpersonal Communication Skills and Performance Standards Development- Continue to provide influencing skills training to all new employees. Complete the development of performance standards for supervisors and begin the development of technical performance standards for other positions. Continue to provide leadership and supervision training to supervisors as necessary to facilitate the completion of these tasks and enhance the overall quality of supervisory skills within the program. i PROGRESS • New employees received Influencing Skills training. • Staff is in the process of developing leadership and supervision training to be offered to supervisors and lead workers in the fall of 2000. 3. Restoration and Mitigation of Off-trail Impacts of Public Use - Close and restore existing undesignated trails and shortcut trails. Increase efforts to prevent the establishment of undesignated trails. Mitigate natural resource impacts and improve alignments of existing trails to minimize erosion. Work to insure visitor compliance of restoration area closures. Continue to focus on areas where compliance is poor and high rates of vandalism occur. i PROGRESS • An extensive amount of work was done on closing illegal trails. Vandalism was experienced on some of the trail closures, increasing staff s workload. This has been especially true in El Corte de Madera and Sierra Azul Open Space Preserves. Improvement Between the Operations and Planning 4. Working Relationshipp g Programs - Utilizing the recommendations from Warner Group report as a base, begin v t working relationship between the staff in Planning and specific actions to improve he o g p g Operations. Develop and implement a system for tracking Operations Program special projects which have minimal Planning Program involvement. Provide for continued field staff involvement in the planning process. PROGRESS • A new work order system was created as a collaborative effort between Operations and Planning. This has been implemented on a test basis. ! • Teams of planners have recently been assigned to function as liaisons to field staff. i I 21 i I 1999-2000 Field Operations Subprogram i • The creation of the Assistant General Manager position, which oversees the work of the Planning and Operations Programs, has created better communications between the two programs. • The staffing shortages in both programs has hindered progress on this project. OTHER PROJECTS AND ACCOMPLISHMENTS PROGRESS • Access was established to the new LiveScan fingerprint system, which allows fingerprints to be taken and processed electronically. This will assist the District in complying with State laws which require employees and volunteers who are in direct contact with children to be fingerprinted. • District field and administrative staff worked with Santa Clara County Fire to arrange for a very successful wildland fire training at Rancho de Guadalupe. • A contract was signed for a new vendor to process the District's parking citations, when the old vendor dropped the provision of this service. • A permit system was implemented at Long Ridge Open Space Preserve to allow for dog walking in a designated area. • Operations and Administration staff worked on improving the field office computer systems. • The largest search in the District's history occurred at Skyline Ridge Open Space Preserve. The missing hiker was found deceased. • Internal Affairs Investigation Guidelines were written and have been implemented. • An employee was placed in the newest addition to the District's employee residence j system. The residence is located adjacent to the Rancho de Guadalupe area of Sierra Azul Open Space Preserve. • Staff began work on improvements to a variety of District databases. This work will j continue in fiscal year 2000-2001 with a consultant to consolidate and improve the currently existing databases. • An interview and skills assessment process was completed for the hiring of a new ranger. • Restrooms at Rancho San Antonio, Skyline Ridge and Purisima Creek Open Space Preserves were replaced with units which will be easier to service and which are more pleasant for public use. A new restroom was installed at Windy Hill Open Space Preserve. • A new bridge was installed on the Page Mill Trail in the Los Trancos Open Space Preserve. • Restoration has been started at the old gun range at St. Joseph's Hill OSP. 22 1999-2000 Field Operations Subprogram • New lands have been secured and managed for POST, including the Loma Prieta Ranch and the Guadalupe lands. • Staff responded to litigation brought by a visitor who was issued a citation for failing to wear a bicycle helmet. The case was eventually dismissed. • Rancho San Antonio County Park Agreement ➢ This project consumed a great deal of staffs time, especially for the Operations Management Analyst and the Assistant General Manager. Field staff from the Foothills office were also heavily involved. ➢ The Agreement was completed and submitted to the Board in May, with provisions which addressed the major concerns raised by staff and the Board. ➢ Work has begun on the transition to the District's management of the County park, including a 60-day co-management period. • Bear Creek Redwoods Open Space Preserve ➢ The building complex and boundaries have been secured. ➢ The water systems, roads, and hazardous areas are being assessed and secured. ➢ The permit parking area is in the final stages of construction. ➢ Work is under way on the demolition of unsafe structures and to prepare for public use. ➢ A temporary permit system for limited neighbor access was created. ➢ Preparations have been made for the pre-approved logging activities in the preserve. I I I i 23 1999-2000 Resource Operations Subprogram I Objective Inventory and analyze the state of resources District-wide and on specific preserves to identify needs and priorities for significant management issues. Use the availability of volunteers and consultants to expand District staff capabilities. Develop general procedures and strategic implementation plans for the Resource Management subprogram. Establish networks with other agencies, local authorities and specialists in the field. Key Projects 1. Grassland Management Implementation Plan - Develop a set of management guidelines to control yellow star thistle and increase native species. Tasks for this fiscal year include: expand goat grazing,prescribed burning, and restoration treatment areas; train staff on monitoring techniques and seed collection; and monitor areas treated last year. PROGESS • Grazed 25 acres with a combination of goats and sheep. • Coordinated with California Department of Forestry to conduct a 140-acre controlled burn. Eighty acres were burned for a second consecutive year. • Restored seven acres with 17 species of native seed, which was collected on site. • Collected data on all transects. • Controlled 10 acres of non-native species using hand control methods and herbicide. • Organized a staff training day and field trip to seed facility. 2. Habitat Restoration at Pulgas Ridge Open Space Preserve—Eradicate non-native plant species consistent with Invasive Exotic Plant Inventory to begin restoration of native communities as identified in restoration plan. Work with staff and California Conservation Corps to continue treatment of management area one. PROGRESS • Removed two acres of Acacia and Eucalyptus in management area 1 and 2 with the California Conservation Corps and volunteers. • Planted 40-50 native oak trees with help from volunteers. • Removed two substantial areas of French and Scotch Broom with volunteers. • Continued Acacia removal experiment. • Adjusted our large tree removal strategy after discovering the access road cannot support heavy equipment. 24 1999-2000 Resource Operations Subprogram 3. Resource Management Program Development- Work with Planning, and area superintendents to establish a process to evaluate natural resource impacts of proposed projects and development plans. Increase field staff participation in the Resource Management Program and responsibility for the coordination of small resource management projects. PROGRESS • Increased field staff participation in resource management projects such as pig activity monitoring, bluebird nest box monitoring, seed increase program and various habitat restoration and non-native plant removal projects. • Developed more leadership roles for field staff with specific project assignments. • Working with Planning to develop a natural resource checklist for lands the District acquires. OTHER PROJECTS AND ACTIVITIES 1. Resource Inventory - Inventory and record key flora, fauna, natural features and biotic communities. Coordinate with the Planning Program to develop a database system to record and display resource information. Compile all known information, and solicit information from experts in the field and other agencies. PROGRESS • Completed natural resource database containing all paper records of species occurrences on District lands. The database was created by a volunteer. • Working with a volunteer to make the database available to staff, docents and the general public. 2. Watershed Assessment- Develop criteria for habitat protection and repair and maintenance of roads and trails with information gathered from Coyote Creek Riparian Station and geologist at El Corte de Madera. Establish monitoring locations and program to determine mitigation progress. PROGRESS • Developed better road maintenance standards. • Began using more comprehensive techniques for restoring old logging roads including establishing the original contour and native vegetation. Invasive Non-native Plant Removal and Wildlife Surveys - Work with field project leaders to develop a treatment schedule and monitoring protocols for various invasive non-native plant populations identified in the Invasive Exotic Plant Inventory. 25 1999-2000 Resource Operations Subprogram 3. Additionally, assist project leaders to coordinate wildlife distribution monitoring with other agency's methodologies. PROGRESS • Removed all French and Scotch Broom found at Saratoga Gap OSP as the first phase of restoration. • Conducted deer, red-legged frog, and weevil surveys. • Monitored all Bluebird nest box trails. • Completed District survey on reptiles and amphibians. • Continued with the next phase of many restoration projects such as; cattail management at Rancho de Guadalupe, pampas grass removal at El Corte de Madera, willow planting at Skyline Ridge, and oak/chaparral establishment at St. Joseph's Hill. 26 i PUBLIC AFFAIRS PROGRAM i Subprograms i A. General Public Information and Outreach B. Legislative, Funding, and Organizational Relations C. Visitor Services To Implement the BASIC POLICY OBJECTIVE: The District educates and makes clearly visible to the public the purposes and actions of the District, and actively encourages public input and involvement in the District's decision-making process and other activities. General Program Emphasis for 1999-2000 Maximize the general public's awareness and understanding of the District, its goals, and its activities, by reaching all communities served and all other target audiences with District information through a variety of means and methods; implement the top priorities of the District's legislative plan; increase environmental education and volunteer involvement, and maximize public participation in District programs; provide District materials and information to the San Mateo County coastside communities to ensure their full knowledge and understanding of the District, its programs and activities as they relate to a proposed annexation of that area. Staff Resources (Regular, full-time positions unless otherwise indicated) Public Affairs Manager Visitor Services Supervisor Volunteer Coordinator Docent Coordinator Public Affairs Assistant Interpretive Aide (Nature Center)* I *The interpretive aide position is seasonal and part time. 27 1999-2000 General Public Information and Outreach Subprogram Objective To generate additional support among the general public for completing the greenbelt by increasing the positive perception and awareness of the District's mission, objectives, accomplishments, programs, and effective management of public lands and financial resources. Key Projects 1. Kids' Activity - Schedule and coordinate a kids' activity/event,theme and location to be determined, to build on the success of and reach the same audience as the former Kids' Art of Open Space event,to take place no later than March 31, 2000. PROGRESS: • A "junior ranger" concept has been chosen as the theme for the new/updated kids' event. The concept is to be further developed with field staff assistance, and the new/updated event is to be implemented by October of 2000. 2. Revision of District Graphic Image- Continue to review the District's overall graphic image, including letterhead, newsletter masthead, and District logo, make recommendations to the Board for revisions and improvements, and implement any changes by March 31, 2000, or as appropriately timed with the possible annexation of the San Mateo County coast. PROGRESS: • General revisions and updates to the District's graphic image on letterhead, newsletter masthead, etc. are made prior to reprinting District supplies. Any significant changes to the District's overall graphic image are still pending due to the outcome of the coastal annexation process. 3. Annual Report- Publish a District 1998-1999 Annual Report by June 1, 1999, followed by three regular issues of Open Space Views. PROGRESS: • The Annual Report and three issues of Open Space Views were completed and distributed on time to the District's main mailing list (approximately 17,500 names). 4. Coastal Community Outreach - Provide District materials and information to the San Mateo County coastside communities to ensure their full knowledge and understanding of the District, its programs and activities as they relate to a proposed annexation of that area. PROGRESS: • The District's Annual Report was distributed to coastside residents in an effort to promote their awareness and increase understanding of the District (approximately 28 1999-2000 General Public Information and Outreach Subprogram 13,500 names). This issue of the Annual Report contained an extensive article about the District's plans to proceed with its proposal to annex the coastal area, including the annexation process, historical summary, etc. Other Proiects and Activities PROGRESS: 1. In conjunction with the Planning Program, new preserve brochures/site maps for Sierra Azul, Thornewood, and Ravenswood Open Space Preserves have been created. Production of Sierra Azul began July of 1999, and production of Thornewood and Ravenswood will begin July of 2000. Creation of El Sereno and La Honda Creek Open Space Preserve brochures/site maps have also begun. 2. Another record number of site brochures was distributed at the preserves, in the administrative office, through the mail, and at District displays and presentations. 129,250 site brochures were printed during the 1999-2000 fiscal year. 3. Eight slide presentations were made to a variety of professional groups, service clubs, and other interested organizations. 4. Eight corporate Earth Day/Health Fairs were set up and staffed by Public Affairs, and five local Art& Wine Festivals were set up and staffed by the Community Outreach Volunteers (COVs), reaching thousands of District constituents. 5. 16 news releases were distributed, resulting in a substantial level of media coverage. 6. Basic updates were mantained on the web site. Sections were added for volunteers and docents. 7. Initiated and participated in the consolidation of District-wide outreach databases. 29 1999-2000 Legislative, Funding, and Organizational Relations Subprogram Objective To carry out the high priority elements of the District's legislative plan and to inform other public agencies and private organizations about the District's activities and goals. Key Projects I. Coastal Preservation Effort- Work with the general manager and the Coastal Ad Hoc Committee of the Board toward the proposed District expansion to the San Mateo County coast, and all related tasks and activities to include possible future funding measures. PROGRESS: • Agendas and minutes for 17 Coastal Advisory Committee (CAC) Meetings were distributed to interested parties and relevant agencies and organizations. (Mailing list, at the time, consisted of 210 names.) A District V.I.P. land tour for the Coastal Advisory Committee was scheduled in July of 1999 and was successfully completed. 0 See also Progress noted in the Administration and Planning Programs. 2. Funding for Mount Umunhum Clean Up - Develop and implement a legislative strategy to obtain Federal funding toward clean up of the former Almaden Air Force Station at Mount Umunhum, in the Sierra Azul Open Space Preserve. PROGRESS: Legislators were informed of the need for Mt. Umunhum clean up funding and invited for an educational tour of the site. Tom Campbell visited the mountain. District staff also met with the representative of Senator Barbara Boxer's staff who had arranged cleanup of Mt. Tamalpais in Marin County. Senator Boxer's office has promised a follow-up meeting, and news media representatives have been notified of the need for public awareness of the issue. 3. Other Lobbying Efforts - Work with the general manager and the District's Sacramento lobbyist to preserve current and future state funding for the District, and to carry out elements of the District's legislative plan. PROGRESS: 0 Staff continued to work with Assemblyman Ted Lempert's office and Ralph Heim, the District's lobbyist, on funding for AB 1366 (California Riding and Hiking Trail Easements). Funding was included in the state budget, but blue-penciled by the Governor. It was included in a reinstanient, but blue-penciled a second time. 30 1999-2000 Legislative, Funding, and Organizational Relations Subprogram • The district was able to work with Ralph Heim's office to extend legislatively two of the three EEMP Environmental Enhancement and Mitigation Program) grants in Sierra Azul Open Space Program. 4. Sponsor Legislation - Work with the District's legislative advocate and with legislators and their staffs to sponsor high-priority legislation from the District's Legislative Plan. PROGRESS: • The District worked with Assemblyman Jim Cuneen to author legislation (AB 1578) to increase from 10 acres to 40 acres the amount of dedicated land the District can exchange for equal or greater value land at the same preserve with a unanimous vote of the Board. 5. Regional Funding- Work with the Bay Area Open Space Council, San Mateo County,the Planning and Conservation League, and others to develop and support potential regional, State, or other alternative funding mechanisms. PROGRESS: • In working with the Bay Area Open Space Council (BAOSP), Senator Byron Sher was able to include $10 million in the state budget for initial funding of the San Francisco Bay Program of the Coastal Conservancy. The District went on to receive a $3 million grant for Bear Creek Redwoods Open Space Preserve under the program. 31 1999-2000 Visitor Services Subprogram Objective To encourage active public participation in the maintenance, restoration, and protection of the District's natural resources, and provide cultural, historical, and environmental education opportunities to the public. 1. Interpretive Program - Develop a plan that defines the District's interpretive program objectives, including natural resources protection, historical interpretation at Picchetti Ranch, and docent program goals. PROGRESS: • None 2. Docent Recruitment - Design single-subject "short courses" for prospective volunteers that want to participate in the docent program, but have time restrictions or are only interested in a particular subject. These volunteers would be limited to leading activities related to the short courses they have completed. PROGRESS: • None 3. Environmental Education - Continue to enhance the District's environmental education program for school children. Increase the number of outdoor education docents by recruiting and offering training sessions twice a year. Provide ongoing training for outdoor education docents. Investigate methods of providing disadvantaged school classes with transportation to field trips at Skyline Ridge. PROGRESS: • Recruited and trained 11 new Outdoor Education Docents (OEDs) in the winter of 2000. Also made this training available for current OEDs as refresher training. 4. Daniels Nature Center - Work with exhibit designers to complete installation of exterior exhibits. Develop and set up seasonal displays in the exterior exhibit case. Continue to open the nature center to the public on weekends mid-March to mid-November. 32 .1999-2000 Visitor Services Subprogram PROGRESS: • The Daniels Nature Center was open to the public on the weekends and holidays, from mid-March through mid-November for a total of 71 days during the 1999/2000 fiscal year. With an average of 75 visitors per day, approximately 5,300 people visited the center this fiscal year. Other Projects and Activities 1. Recruited and trained District volunteers and docents (Regular Docents=17, Nature Center Docents=13, Trail Patrol=13, Conservation Easement Monitors=5, Crew Leader Intern=1). Provided public information about volunteer programs, projects, and events through monthly and quarterly publications of Volunteer News, Docent Connections, and Hikes and Walks. 2. Coordinated 40 volunteer service projects and short-and long-term special request volunteer projects for Preserve Partners, special groups, students, and other agencies. Over 450 volunteers worked a total of 2,613 hours on these projects. 3. Coordinated a broad range of public interpretive programs on open space preserves. The docents led a total of 275 public hikes/programs, 31 special request hikes, and 24 Spaces and Species programs. With an average of 20 people attending each program, the docents reached a total of 6,500 members of the public. 4. Coordinated the volunteer trail patrol program, and provided ongoing training for Trail Patrol volunteers. Over 65 Trail Patrol volunteers logged 2,690 hours on District trails. 5. Used Special Project Volunteers to maintain the artifacts and furnishings in the historic Grant Cabin 6. Maintained and operated the David C. Daniels Nature Center. 7. Provided training and support to field staff assigned to work with volunteers. 33 i i I ADMINISTRATION PROGRAM Subprograms A. Administration/Human Resources Subprogram B. Legal Services Subprogram To Implement the BASIC POLICY OBJECTIVE: The staff administers the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. General Program Emphasis for 1999-2000 Instill vision and provide leadership to foster staff participation and activities to carry out the District's short and long-term goals and objectives. Guide and support the District-wide effort to develop and improve leadership, supervisory, and interpersonal communication skills among all staff in order to enhance the District's work environment. Maintain the District's viability as an open space acquisition and management agency. Work toward potential expansion of the District's boundaries to include coastal lands in San Mateo County. i Staff Resources (Regular, full-time positions unless otherwise indicated) General Manager Legal Counsel (two-thirds time) Controller(one-quarter time) stration/Human Resources Manager mini Research Attorney I Senior Administrative Analyst/District Clerk Office Manager/Secretary to the General Manager Accounting Specialist Secretary (60%time) Network Specialist (50%time) Receptionist 34 I i 1999-2000 Administration/Human Resources Subprogram Objective: To provide overall coordination, direction, and administrative foundation for all District activities so as to maximize the accomplishment of the Board's policies and directives, to implement the Action Plan, and to maintain the District's viability as an open space acquisition and management agency. KeProjects 1. District Funding- Work to preserve current and future state funding for the District. Continue to provide multi-year information/scenarios on District's long-term finances, including bonded indebtedness and cash flow, and to address the need to rely on the availability of grant funds for major development projects. Pursue alternate sources of secure additional funding to meet acquisition and open space management needs. PROGRESS: • With the booming economy in California and surpluses in the State budget, the District's funding sources remain secure. In fact, staff has been working with our elected delegation on funding budget augmentation projects for the District. • The Administration and Budget Committee, as well as the full board, was presented with a short-term and long-term cash flow analysis by District Controller, M. Foster. Based upon the District's income and cash flow projections, it was determined to be prudent to borrow additional funds for land acquisition. As a result, the District borrowed an additional $28.4 million through the Midpeninsula Regional Open Space District Financing Authority approximately $12.6 million was used to retire the 1990 Notes at more favorable rates, leaving the $15.8 million balance for additional land acquisition. This issue also included the "plain English" official statement which guides the activity in the financial market. 2. Human Resources - Work with all program areas to enhance the overall quality and effectiveness of the District's work environment, by developing and improving leadership, supervisory, and interpersonal communication skills. Carry out District's personnel and labor relations functions. Complete a comprehensive salary and classification study pursuant to Memorandum of Agreement with SEIU Local 715. Participate in and facilitate negotiations for April 1, 2000 Memorandum of Agreement. Enhance organizational effectiveness and morale through increased communications, staff meetings,training seminars, and team building activities. PROGRESS: 35 01999-2000 Administration/Human Resources Subprogram • Completed a comprehensive salary, classification, and benefits study for all District positions. The results of the study led to an average 7-point (7.2%) equity increase for all District positions, plus a 6-point (6.2%) cost-of-living adjustment and several benefit enhancements. The increases were made in an effort to improve the District's competitive position in the labor market and to enhance our ability to attract and retain qualified staff. • Participated in the successful negotiations for a new 3-year Memorandum of Agreement with SEIU Local 715. The Agreement included substantial changes to the overtime, compensation and benefits, evaluations and merit pay, vacation, holidays and personal leave, and grievance and discipline sections of the contract. The new contract extends to March 31, 2003. • As part of the continuing efforts to improve leadership, supervisory, and interpersonal communication skills for all employees that began with the team agreements process, a staff committee comprised of supervisory and non- supervisory representatives developed performance standards for supervisory and management employees. These standards will be incorporated into the performance evaluation process for managers and supervisors. In addition, consultant Art O'Neal presented the three-day Influencing Skills training to approximately eight new employees who had been hired since the previous training in 1998. • Administration staff facilitated the hiring process for several regular positions, including Operations Manager, Area Superintendent, Network Specialist, Planning Technician (twice), Land Protection Specialist, Office Manager/Secretary to the General Manager, Planning Secretary, Ranger, and Public Affairs Manager. We also hired six seasonal open space technicians and one seasonal interpretive aide. The hiring process is underway to fill the current Maintenance & Construction Supervisor, Planning Manager, Human Resources Management Analyst, Network Specialist, and (two) Supervising Ranger vacancies. • Staff training included nondiscrimination training for the Board, supervisors and managers, and office and field staff. • Administration staff provided leadership in planning and implementing various staff events, including the annual staff recognition event and a variety of fun committee activities. 3. Coastal Expansion - Coordinate the efforts of the Coastal Ad Hoc Committee,, consultants, and staff to work toward potential expansion of the District's boundaries to include coastal lands in San Mateo County. 36 I i I . „1999-2000 Administration/Human Resources Subprogram PROGRESS: • The District completed the work with the Coastal Advisory Committee after a full year and a total of 16 public meetings. As a result of the public comment at these meetings, the Board unanimously voted to amend its policy on eminent domain to acquire lands from willing sellers only in the coastal annexation area, should the District complete the annexation project. I • 2M Associates, the District's consultants, began drafting the District's application to Local Agency Formation Commission (LAFCO) for the annexation. Included in the application will be the Service Plan, and an economic analysis. • Thomas Reid Associates, another District consultant began the scoping plans for initial study regarding the California Environmental Quality Act (CEQA) findings, which is also required for the annexation application. District staff has already determined that an Environmental Impact Report will be prepared as a part of the annexation process, because that is the most exhaustive and detailed study that can be prepared under CEQA. I I 37 I i 1999-2000 Legal Services Subprogram Objective To provide timely legal services to the Board and to all District programs to assist in formulating and implementing District policies and projects in accordance with law. Key Projects 1. Real Property - Provide legal advice concerning District real property, including acquisition, disposition, title and encroachment issues, easement issues, permits to enter District land, and preserve maintenance issues. PROGRESS: • Acquisitions: • Acquisition of Bear Creek Redwoods Open Space Preserve; Negative Declaration; POST Transfer Agreement. • Krone/Bishop Acquisition; Negative Declaration; Agreement with Adjacent Landowners. • Management Agreement for Rancho San Antonio Park. • Encroachments: • Completion of restitution proceedings in People v. Diesel, illegal grading. Easements: • Completed appellate briefing in Obermayer v. MROSD (easement rights dispute concerning Long Ridge Open Space Preserve). • Worked with Kabcenell and McKinney property owners to negotiate easement rights. • Worked with the Town of Portola Valley to negotiate easement exchange fore repairs to Alpine Road. 38 Legal Services Subprogram Leases: • Lease of Bear Creek Stables. • Lease of Distel Circle Surplus Office Space. 2. Risk Management - Process and monitor current claims and litigation against the District; refine risk management procedures; represent District's interests in insurance coverage matters; provide oversight of matters handled by outside counsel. PROGRESS: 0 Worked jointly with counsel for Arlie Land and Cattle Company on successful demurrer in lawsuit concerning Bear Creek Redwood acquisition. 0 Monitored outside counsel representation in Richard, Picha, and Moshell litigation. 3. Human Resources - Assist in carrying out labor relations functions; serve as chief negotiator on District's bargaining team;provide legal advice on personnel matters; assist in revising and updating District's Personnel Policies and Procedures Manual; provide advice regarding revision of internal affairs, discipline and grievance policies pursuant to Memorandum of Understanding with Local 715. PROGRESS: 0 Served as lead negotiator in reaching a 3-year labor agreement with Local 715. 0 Integration of new Attorney into District's programs and projects. 0 Completion of revision of discipline and grievance policies with Local 715. 4. Coastal Expansion - Provide advice concerning legal requirements applicable to potential annexation or expansion and potential related issues. PROGRESS: 0 Advise to staff and consultants regarding legal requirements for LAFCO and CEQA procedures; staff support to Coastal Advisory Committee; negotiated agreement with County Counsel to submit "willing seller" policy as part of District's LAFCO application. 39 1999-2000 Legal Services Subprogram Other Projects and Activities 1. Continue to provide legal research concerning historic parcels and chain of title to assist in resolving real property issues in support of planning and acquisition projects. 2. Provide advice concerning legal requirements applicable to public agencies such as the Brown Act, conflict of interest, election law and the California Environmental Quality Act. 3. Assist programs in bidding process and contract administration for public works and professional services contracts. 4. Prepare and review District legal documents such as real property purchase agreements, contracts, resolutions, leases and easements. 5. Represent District's legal interests in relation to other government agencies. 6. Advise District on court rulings and legislation affecting the District and on legislation proposed by the District. I 40 Regional Open ace 1 1 R-00-90 Meeting 00-16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 28,2000 AGENDA ITEM 5 AGENDA ITEM Approval of Workers' Compensation Insurance Coverage;for the Period of June 29, 2000 through June 28,2001 at an Estimated Cost of$130,386 GENERAL MANAGER'S RECOMMENDATION Approve the workers' compensation insurance bid totaling$130,386 from State Compensation Insurance Fund for the period June 29, 2000 through June 28, 2001. DISCUSSION Boring,Johndrow, Leveroni,Vreeburg,Inc.,the District's workers' compensation insurance broker, has submitted a bid for workers' compensation insurance totaling$130,386 from State Compensation Insurance Fund. This represents a substantial increase from the 1999-2000 premium, which totaled $85,147 from Superior National Insurance Group. The reasons for the increase include the following: • The state mandated an across-the-board 18% increase in workers' compensation insurance rates to better ensure the financial viability of workers' compensation insurance carriers. Therefore, all workers' compensation insurance carriers have increased their rates by a minimum of 18%. • The District's experience modifier,which is included in the rate calculation and is based on the District's workers' compensation experience, increased from 7$%to 83%. • The District's payroll, upon which the workers' compensation premiums are based, has increased significantly over the 1999-2000 payroll. In 1999, Superior National,the District's current workers' compensation insurance carrier, bought California Compensation Insurance Company(CalComp),the District's previous workers' compensation insurance carrier since 1995. Superior National was seized by the Department of Insurance in March of this year due to financial instability. The bid they submitted to continue the District's coverage was in excess of$200,000. No other bids were received. Dennis Rodeen,the District's insurance broker from Boring,Johndrow,Leveroni, Vreeburg, Inc., will be at your meeting to explain the workers' compensation insurance bid process in more detail. The 2000-2001 fiscal year budget includes $132,150 for workers' compensation insurance, so the amount of this premium is already covered under the current budget. Prepared by: Deirdre Dolan, Administration& Human Resources Manager Contact person: Same as a ve 330 Distel Circle . Los Altos, CA 94022-1404 • Phone: 650-691-1200 NX: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 S, .ice 1 - -89 Meeting 00-16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 28,2000 AGENDA ITEM 6 AGENDA ITEM Consider the Adoption of the Resolution to Contract for Coverage for Members of the Board of Directors Under the Public Employees' Medical and Hospital Cape Act, and Fixing the Contribution at$16 Per Month GENERAL MANAGER'S RECOMMENDATION-9 ECOMMENDATIO 1. Review and consider adoption of the attached resolution to contract for Ca1PERS health plan coverage for members of the Board of Directors. 2. If you decide to contract for Ca1PERS health plan coverage for Board members, establish a definition of a retired Board member. DISCUSSION At your meeting of July 14,1999,you approved Resolution No. 99-33 providing that Board members not otherwise eligible for an employer-paid group medical or dental plan may participate in those plans available to District employees at the Board member's own expense(see report R-99-106). Participating Board members are required to sign an affidavit specifying that he or she is not eligible for any other employer-paid medical or dental plan. Since the District pre-pays medical and dental insurance, participating Board members are required to make advance monthly plan payments directly to the District, prior to the first of each month for that month's coverage. At this time one Board member has elected to participate in the District's medical plan,and one Board member is participating in the District's dental plan. At your April 26,2000 meeting,you adopted Resolution No. 00-26, electing to be subject to the Public Employees' Medical and Hospital Care Act(PEMCHA)and contracting with the Ca1PERS Health Plan Program to provide medical coverage for District employees(see report R-00-61). The District's current health plan coverage through Santa Clara County will terminate effective July 31, 2000, and coverage through Ca1PERS will become effective August 1, 2000. It is within the Board's discretion to make the CalPERS Health Plan Program coverage available to Board members. However, in order to do so, PEMCHA requires the following: • The coverage must be made available to both active and"retired"Board members. The Board must establish minimum age and vesting requirements to define"retired"Board members(for example, at least age 65 with a minimum of 8 years [two full terms] of service). • The District must contribute a minimum of$16 per month toward the cost of health plan coverage for active Board members. Board members would be responsible for paying the difference between $16 and the monthly premium of the health plan the Board member selects,again payable in advance. 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,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-00-89 Page 2 The Board must make the health plan available to retired elected officials but can require such officials to pay the full cost so that there would be no$16 per month District cost. • The Board must adopt the attached Resolution Electing to be Subject to Public Employees' Medical and Hospital Care Act Only With Respect to Members of a Specific Employee Organization and Fixing the Employer's Contribution at an Amount Greater Than or Equal to That Prescribed by Section 22825 of the Government Code. Such resolution must be submitted to CAPERS by July 10, 2000 in order for Board members to be eligible for CAPERS health plan coverage effective August 1, 2000. Since this is a Board policy matter relating directly to Board compensation and benefits, no recommendation regarding your possible action is indicated. Prepared by: D. Dolan, Administration&Human Resources Manager Contact person: Same as above. RESOLUTION NO. 00-40 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECFIC EMPLOYEE ORGANIZATION AND FIXING THE EMPLOYER'S CONTRIBUTION AT AN AMOUNT GREATER THAN OR EQUAL TO THAT PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT CODE The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Whereas, Government Code Section 22850.3 provides that a contracting agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act ("the Act") with respect to a recognized employee organization only; and Whereas, Government Code Section 22754 (g) defines any Special District as a contracting agency; and Whereas, A Special District is hereby defined as a nonprofit, self-governed public agency within the State of California, and comprised solely of public employees performing a governmental rather than proprietary function, and Whereas, Midpeninsula Regional Open Space District, hereinafter referred to as Special District, is an entity meeting the above definition; and Whereas, The Special District desires to obtain for the members of the Board of Directors of Midpeninsula Regional Open Space District, who are active and retired employees of the agency, the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; and Whereas, Government Code Section 53208.5 (b)prohibits any member of a legislative body whose service first commences on and after January 1, 1995, from receiving health and welfare benefits greater than the most generous schedule of benefits being received by any category of nonsafety employees; and Whereas, Government Code Section 53201 (c) (1) provides that a legislative body that provided benefits to former elected members shall not provide benefits to any person first elected to a term of office that begins on or after January 1, 1995, unless the member participates on a self-pay basis or was fully vested prior to January 1, 1995; and Whereas, Government Code Section 53201 (c) (2) prohibits a local agency that did not provide benefits to former elective members of a legislative body before January 1, 1994, from providing benefits after January 1, 1994, unless the members participate on a self-pay basis, Now, Therefore, Be It Resolved that (1) The Special District elect, and it hereby does elect, to be subject to the provisions of the Act; and (2) The employer's contribution for each active employee shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a e h alth benefits plan or plans up to a maximum of$16 dollars per month plus administrative fees and Contingency Reserve Fund assessments; and (3) pursuant to the provisions of Government Code Section 53201(c)(1) and (2), since the District did not provide such plans to former elected officials or their survivors prior to January 1, 1994 or January 1, 1995, such retired elected officials as may desire to elect this plan must pay the full cost of the plan so that the employer's contribution to such health benefit plan for such persons shall be $0.00, excepting administrative fees and Contingency Reserve Fund Assessments; and (4) The executive body appoint and direct, and it does hereby appoint and direct, the General Manager to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said Special District all functions required of it under the Act and Regulations of the Board of Administration; and (5) Coverage under the Act be effective on August 1, 2000. -Regional Open S, -ice R-00-92 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-16 June 28, 2000 AGENDA ITEM 7 AGENDA ITEM Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of Amendment to District General Counsel's Employment Agreement AD HOC BOARD APPOINTEE EVALUATION COMMITTEE RECOMMENDATIONS 1. As a result of the Board's evaluation of District General Counsel's performance for Fiscal Year 1999- 2000 and a compensation review for the position, the Ad Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based on District General Counsel's performance in Fiscal Year 1999-2000, and a salary adjustment consisting of a 11.8% salary parity adjustment and a 6.2% cost of living increase for Fiscal Year 1999-2000, retroactive to April 1, 2000. 2. Adopt the attached resolution amending District General Counsel's Employment Agreement to reflect an adjusted part-time salary of$78,862.35, a 5% meritorious pay award totaling $3,314.00, and an adjustment in vacation hours from 90 hours annually to 100 hours annually. DISCUSSION The Board conducted its annual evaluation of District General Counsel's performance and compensation for the position at its June 14, 2000 meeting. The Ad Hoc Board Appointee Evaluation Committee, composed of President Nitz and Directors Cyr and Crowder, met with District General Counsel to review her compensation and performance on June 5, 2000. The District General Counsel's current 2/3-time salary is $66,832.50 annually and is based upon a full time salary figure of$99,750. The compensation study conducted for the District this year for all positions shows that figure is low for comparable positions. The study indicated that this salary is within a range of-37.65% to -6.74% below market median. The Committee recommends, based on District General Counsel's performance in Fiscal Year 1999-2000 and the results of its salary survey, that the Board approve a salary adjustment for District General Counsel as follows: a cost of living adjustment (COLA) of 6.2%, as well as a salary parity adjustment of 11.8%, to bring the position's total salary closer in line with positions of comparable complexity in other local agencies. The District General Counsel's adjusted 2/3-time salary would be $78,862.35, based upon an annual full time salary figure of$117,705. Based on the Board's review of District General Counsel's performance during the past Fiscal Year, the Committee also recommends that a 5% meritorious pay award ($3,341.00) be granted. This award is not a salary adjustment, but rather is granted as a one-time award in recognition for performance during the year. The Board is very pleased with District General Counsel's overall performance during the past year. Significant accomplishments included: REAL PROPERTY - Acquisitions: Acquisition of Bear Creek Redwoods Open Space Preserve including assisting in preparation of CEQA documents. Preparation of purchase agreement and related CEQA and transactional documents for Krone/Bishop property acquisition. 330 Distel Circle . Los Altos,CA 94022-1404 e Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www,openspilce.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-00-92 Page 2 LITIGATION - People vs. Diesel: Assisted in successful restitution proceedings for illegal grading on District Land; Obermayer vs. MROSD: Prepared appellate briefs; LGCC vs. MROSD: Worked jointly with counsel for Arlie Land and Cattle Company on successful demurrer to lawsuit. PERSONNEL- Served as lead negotiator with Union in reaching three-year labor agreement; provided advice regarding several disciplinary and personnel matters. COASTAL ANNEXATION - Provided advice to Coastal Ad Hoc Committee and staff concerning legal requirements applicable to annexation such as LAFCO and CEQA requirements; attended Coastal Advisory Committee meetings and provided advice to staff; negotiated agreement with County Counsel enabling "willing seller" policy to be submitted as part of District's LAFCO application. The Committee also recommends granting District General Counsel's request to increase her vacation hours from 90 hours annually to 100 hours annually. Submitted by: Ad Hoc General Manager Evaluation Committee (President Nitz and Directors Cyr and Crowder) Contact person: President Kenneth C. Nitz RESOLUTION NO. 00-41 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR DISTRICT GENERAL COUNSEL AND APPROVING AN AMENDMENT TO DISTRICT GENERAL COUNSEL'S EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 13, 1996 with Susan M. Schectman, employing her as the District's General Counsel; and WHEREAS, the Agreement provides for an annual review of District General Counsel's performance and an annual compensation review; and WHEREAS, the Board has completed its annual review; and WHEREAS, the Board desires to adjust District General Counsel's compensation to include an 18.0% salary adjustment, consisting of a 11.8% salary parity adjustment and a 6.2% cost of living increase, retroactive to April 1, 2000, thereby increasing her salary to $78,862.35 per year; and WHEREAS, the Board, based on its annual review of Schectman's performance, desires to grant her a meritorious pay of 5% or $3,341.00 over and above Schectman's salary in recognition of her performance during Fiscal Year 1999-2000; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District do authorize the President of the Board of Directors to execute the attached Fourth Amendment to District General Counsel Employment Agreement on behalf of the Midpeninsula Regional Open Space District to increase District General Counsel's salary to $78,862.35 per year based on a I I.8% salary parity adjustment and 6.2% cost of living adjustment, retroactive to April 1, 2000 and increasing District General Counsel's annual vacation hours from 90 hours to 100 hours. BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant District General Counsel by adoption of this resolution a 5% meritorious pay award in the amount of$3,341.00 over and above District General Counsel's salary for meritorious service in Fiscal Year 1999-2000. Fourth Amendment to Employment Agreement District General Counsel WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District entered into that certain District General Counsel Employment Agreement("Agreement"), dated March 13, 1996,with Susan M. Schectman, employing her as the District's General Counsel; and WHEREAS,the Agreement provides for an annual review of District General Counsel's performance and compensation; and WHEREAS,the Board has completed its annual review and desires to adjust District General Counsel's current compensation; NOW,THEREFORE,the parties agree that the Agreement shall hereby be further modified as follows: I Section 5(A) is hereby amended to read as follows: A. As compensation for services to be performed hereunder,Attorney shall receive a salary at the rate of$78,862.50 per calendar year. 2. Section 5(H) is hereby amended to read as follows: H. Attorney shall earn vacation and leave as set forth in the District's "Personnel Policies and Procedures Manual" and"Administrative Leave Program for Managers"pro-rated at 67%of applicable amounts, except that Attorney shall receive 100 hours of vacation leave which shall be credited to Attorney's vacation leave balance on January I st of each calendar year. It is further agreed that in all other respects District General Counsel Employment Agreement is unmodified and shall continue in full force and effect. In witness thereof,the parties have executed the Amendment this day of 2000. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Kenneth C.Nitz, President of the Susan M. Schectman,District General Counsel Board of Directors Date Date ATTEST: Deirdre Dolan,District Clerk Regional Si. c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-79 Meeting 00-16 June 28, 2000 AGENDA ITEM 8 AGENDA ITEM Approval of Agreement Between the District and the City oIt Mountain View for the Operation of Deer Hollow Farm for One Year GENERAL MANAGER'S RECOMMENDAT ONS: 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 General Manager to execute the attached Agreement with the City of Mountain View for the continued operation of Deer Hollow Farm for an additional year. BACKGROUND In 1977, the City of Mountain View began providing recreational summer camp activities at Deer Hollow Farm, in Rancho San Antonio Open Space Preserve. A formal agreement was signed in May 1979, whereby the District would provide the facilities, and the City of Mountain View would operate and maintain the Deer Hollow Farm facility. On August 14, 1996 the Board approved a three way agreement between the District, the City of Mountain View and Santa Clara County Parks for the joint operation of Deer Hollow Farm (see report R-96-83). Under the terms of that Agreement, Deer Hollow Farm was leased to Santa Clara County for a payment of$50,000 per year. This was required because of the framework of the Count 's Park Charter Fund which is the source of the Count 's funding for this cooperative Y g Y project. As part of that Agreement the District and the City of Mountain View agreed to equally share in the cost of maintenance of the farm, including the provision of a park maintenance worker provided by the District. The 1996 three party agreement and the site lease are both scheduled to end on June 30, 2000. At your May 24 meeting, the Board approved an agreement with the County of Santa Clara for District management of Rancho San Antonio County Park, and continued support of Deer Hollow Farm at a rate of$50,000 per year in lieu of support previously provided by Santa Clara County Parks (see report R-00-49). 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 I R-00-79 Page 2 The District also committed to negotiating with the City of Mountain View for the continued operation of Deer Hollow Farm. The necessary funds for the additional support of the Deer Hollow Farm Program were also approved at the May 24 meeting. On June 6, 2000 the City Council of the city of Mountain View approved the attached Agreement conditional on your approval. The Santa Clara County Board of Supervisors will be considering the Rancho San Antonio County Park Management Agreement at their regular meeting on June 27. The results of that meeting will be reported to the Board during the oral presentation of this agenda item at your June 28 meeting. DISCUSSION The attached Agreement is for a one year period. Given the recently completed negotiations and approval of the Rancho San Antonio County Park Management Agreement, and the quickly approaching June 30, 2000 expiration date for the existing Deer Hollow Farm Agreement, staff felt that a one year agreement would be the best method of ensuring the uninterrupted operation of Deer Hollow Farm. Note that the site lease between the District and Santa Clara County is no longer required, since the District will be providing for the additional support of Deer Hollow Farm. It is staff s intention to negotiate a longer term agreement with the City of Mountain View over the next year. During this period staff will have had the opportunity to examine any possible changes necessitated by the transition of the management of Rancho San Antonio County Park from County to District management, and to solicit other partners to help support Deer Hollow Fann. The Agreement which was approved on June 6, 2000 by the Mountain View City Council is substantially similar to the agreement which was negotiated in 1996, and includes the following aspects: • The City will coordinate and manage a program of environmental education, including the provision of a farm manager. • The District will provide for the Farm's maintenance services, including the provision of a farm maintenance worker and weekend seasonal maintenance staffing. • Formulas have been created which allocate space for school groups, and which give preference and reduced rates to schools located in Mountain View, and/or schools located in the District. R-00-79 Page 3 CONCLUSIONS Deer Hollow Farm continues to be highly popular with school groups and individual visitors, and provides a high quality environmental education experience. The District's negotiations with Santa Clara County Parks, and future negotiations with the City of Mountain View for a longer term agreement, will help to ensure the continued availability of this regional environmental education resource. CEQA COMPLIANCE Staff concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under section 15301 of the CEQA Guidelines as follows: Section 15301 allows for the continued operation of an existing public facility, with no expansion of use beyond that which currently exists. Prepared by: Gordon Baillie, Management Analyst John Escobar, Assistant General Manager Contact person: John Escobar, Assistant General Manager Attachments: Exhibit I - Management Agreement AGREEMENT BETWEEN THE CITY OF MOUNTAIN VIEW AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT THIS AGREEMENT is entered into this day of July, 2000, by and between the CITY OF MOUNTAIN VIEW, a municipal corporation, whose address is 500 Castro Street, P.O. Box 7540, Mountain View, California, 94039 (hereinafter referred to as "CITY") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district under the laws of California, whose address is 330 Distel Circle, Los Altos, California, 94022-1404 (hereinafter referred to as "DISTRICT"). RECITALS WHEREAS, on November 12, 1981, CITY and DISTRICT entered into an agreement allowing CITY to provide activities for its citizens at DISTRICT's Rancho San Antonio Open Space Preserve ("the 1981 agreement") and thereafter amended said agreement on June 12, 1986, November 19, 1991,July 1, 1994 and July 1, 1995 (the "1986 amendment," the "1991 amendment," the "1994 amendment" and the "1995 amendment," respectively); and WHEREAS, on June 1, 1996, CITY, DISTRICT and the County Of Santa Clara (COUNTY) entered into an Agreement for the joint operation of Deer Hollow Farm and thereafter amended said Agreement on August 1, 1999; and WHEREAS, DISTRICT and COUNTY have entered into a separate agreement whereby COUNTY will provide funds for the DISTRICT to operate and maintain the COUNTY-owned Rancho San Antonio County Park which is adjacent to the DISTRICT- owned Rancho San Antonio Open Space Preserve; and WHEREAS, the CITY and DISTRICT have determined that continuation of Deer Hollow Farm is a mutually agreed-upon goal; NOW, THEREFORE, in consideration of the recitals and mutual obligations contained herein, CITY and DISTRICT agree as follows: A. Program Responsibilities 1. The CITY will coordinate and manage a program of environmental education of similar type and level of availability as previous years at Deer Hollow Farm, which is located on Rancho San Antonio Open Space Preserve property owned by DISTRICT. 2. The DISTRICT will provide Fifty Thousand Dollars ($50,000) to CITY for the funding of the Deer Hollow Farm program. DISTRICT shall remit these funds to CITY no later than December 31 during the term of the Agreement. CITY shall apply said funds exclusively to the Deer Hollow Farm program. In addition to the foregoing, the DISTRICT will provide maintenance services for Deer Hollow Farm as more particularly set forth herein. B. Term of Agreement: The term of this Agreement shall commence on July 1, 2000 and terminate on June 30, 2001, except if terminated earlier pursuant to the provisions of this Agreement. C. Description of Maintenance Services: 1. DISTRICT will provide maintenance services necessary for the operation of Deer Hollow Farm, including a DISTRICT maintenance worker, pursuant to a mutually agreed-upon schedule, and skilled work crews and supervision as required. 2. Said maintenance workers and crews will remain employees of DISTRICT and shall not be deemed agents, servants or employees of CITY. 3. DISTRICT shall pay for water utility services and pumping of chemical toilets. 4. DISTRICT shall be responsible for provision of all janitorial, plumbing, electrical and maintenance-related supplies, including, but not limited to, toilet paper, sanitizing chemicals, lumber, nails, pipe, wire, etc. 5. CITY shall be responsible for maintaining the current inventory of hand and power tools. 6. Any alterations, additions or improvements to or of the premises or any part thereof which shall include, but not be limited to, outbuildings, fences, signs or structures of any kind, require the approval of CITY and DISTRICT. 7. In the event the cost of any single repair to structures or facilities at Deer Hollow Farm, including the DISTRICT-owned residence currently occupied by CITY's Senior Recreation Coordinator, exceeds One Thousand Dollars ($1,000) in materials, CITY and DISTRICT will determine whether to proceed with the repair and, if so, the parties will mutually agree upon cost-sharing. D. Statement of Value of Services: 1. By February 1 of each year during the term of this Agreement, DISTRICT shall prepare a projected budget for the following fiscal year for review and approval by CITY. By February 1 of each year during the term of this -2- Agreement, CITY shall prepare a projected budget for the following fiscal year for review and approval by DISTRICT. 2. DISTRICT will provide CITY with a statement regarding the value of mainte- nance and maintenance-related services provided on a semiannual basis. Statements must be received by CITY no later than January 31 and August 31 during the term of this Agreement. The value of maintenance services provided by DISTRICT shall be calculated based on DISTRICT's costs for personnel, including salaries, benefits, uniforms, training and equipment used in provision of services. CITY will provide DISTRICT with a statement regarding the value of services provided on a semiannual basis. Statements must be received by DISTRICT no later than January 31 and August 31 of during the term of this Agreement. The value of services provided by CITY shall be calculated based on CITY's cost for personnel, including salaries, benefits, uniforms, training, supplies, equipment used in provision of services and any other related program expenses. 3. In the event DISTRICT expends more than CITY during the term of this Agreement, CITY will reimburse DISTRICT for half the difference in expenses, provided the expenses did not exceed DISTRICT's approved budget. In the event CITY expends more than DISTRICT during the term of this Agreement, DISTRICT will reimburse CITY for half the difference in expenses, provided the expenses did not exceed CITY's approved budget. CITY and DISTRICT shall each be responsible, without reimbursement from the other party, for any portion of annual expenses which exceed the party's approved budget. E. Operational Responsibilities: The operation of Deer Hollow Farm shall be under the direction of CITY's Community Services Director or his/her designee. CITY will provide one (1) staff person to manage/supervise the Deer Hollow Farm operation on a day-to-day basis. The staff person will also provide day-to-day direction to the maintenance workers provided by DISTRICT. CITY shall serve as landlord for CITY's resident staff person but shall comply with all applicable DISTRICT land use regulations (M.R.O.S.D. Ordinance 93-1). F. Selection Process: CITY will participate in the selection process for DISTRICT's maintenance workers assigned to Deer Hollow Farm. CITY's participation will include one (1) CITY representative sitting as a member of DISTRICT's oral interview board for this position. However, DISTRICT shall have the sole authority to make the final determination with regard to any assignment or employment of its employees. -3- G. Program Components: Registration for school class visits shall be allocated by CITY as follows: • One-third of all available openings for the school year will be reserved for schools located in Mountain View; 0 One-third of all available openings for the school year will be reserved for schools located both within COUNTY and DISTRICT boundaries; 0 One-third of all available openings for the school year will be reserved for schools located in either COUNTY or DISTRICT boundaries; 0 Mountain View schools are included in all three categories listed above. • Any remaining openings will be available for schools located outside both COUNTY and DISTRICT boundaries. H. Fees: 1. Class Visits—CITY will establish and collect fees for class visits to the property. All proceeds from the fees for such visits shall belong to CITY. Fees for class visits shall be based upon the following schedule: • Forty Dollars ($40) per hour per class for schools located outside both COUNTY and DISTRICT boundaries; • Thirty Dollars ($30) per hour per class for schools located in either COUNTY or DISTRICT boundaries; 0 Twenty Dollars ($20) per hour per class for schools located within both COUNTY and DISTRICT boundaries but outside of Mountain View; 0 Ten Dollars ($10) per hour per class for schools located in Mountain View. 2. Summer Camp—CITY will establish and collect fees for individuals and groups, participating in the summer camp program. All proceeds from the fees for summer camp shall belong to CITY. Fees shall be based upon the following schedule: • One Hundred Thirty Dollars ($130) per person for individuals residing outside both COUNTY and DISTRICT boundaries; -4- • One Hundred Ten Dollars ($110) per person for individuals residing within either COUNTY or DISTRICT boundaries; • Ninety Dollars ($90) per person for individuals residing within both the COUNTY and DISTRICT boundaries but outside of Mountain View; • Seventy Dollars ($70) per person for individuals residing in Mountain View. Fees may be amended upon mutual consent of the parties. I. Insurance: 1. DISTRICT shall carry general liability insurance, including owned, nonowned and hired auto; property damage; death and bodily injury, during the term of this Agreement covering its risks arising out of the performance of any acts pursuant to this Agreement or its ownership of the property and its risks arising out of its personnel involved with Deer Hollow Farm, and CITY shall be named as additional insured on the policy. Said policy shall be in an amount not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage combined single limit and One Million Dollars ($1,000,000) for auto liability. DISTRICT shall furnish CITY with a Certificate of Insurance evidencing such insurance coverage. 2. CITY shall carry general liability insurance or self-insure, including owned, nonowned and hired auto; property damage; death and bodily injury, during the term of this Agreement covering its risks arising out of the performance of any acts pursuant to this Agreement or relating to its operation of the Deer Hollow Farm program. DISTRICT shall be named as additional insured on the policy. Said policy shall be in amount not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage combined single limit and One Million Dollars ($1,000,000) for auto liability. CITY shall furnish DISTRICT with a Certificate of Insurance evidencing such insurance coverage. 3. DISTRICT shall be responsible for the Workers' Compensation coverage and care of DISTRICT employees, volunteers and agents, including those employees, volunteers and agents involved with Deer Hollow Farm. CITY shall be responsible for the Workers' Compensation coverage and care of CITY employees, volunteers and agents involved with Deer Hollow Farm. J. Hold Harmless: CITY hereby agrees to indemnify, defend and hold harmless DISTRICT from and against all liability for all Claims, suits, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, in any manner related to or arising out of the program, the operation and/or the use of Deer Hollow Farm to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of CITY's employees or agents or otherwise arises out of matters which, by the terms of this Agreement, are the responsibility of CITY. DISTRICT hereby agrees to indemnify, defend and hold harmless CITY from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, in any manner related to or arising out of the program, the operation and/or the use of Deer Hollow Farm 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 employees or agents or otherwise arises out of matters which, by the terms of this Agreement, are the responsibility of DISTRICT. CITY and DISTRICT agree to cooperate in the event of claims or litigation against either CITY or DISTRICT by a third party. In the event liability arises due to the concurrent negligence of CITY and DISTRICT, or any combination thereof, 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. K. Applicable Laws: This Agreement shall be construed and enforced pursuant to the laws of the State of California. L. Notices: 1. Any notice required to be given to DISTRICT shall be deemed to be duly and properly given if mailed to DISTRICT, postage prepaid, addressed to: Midpeninsula Regional Open Space District General Manager 330 Distel Circle Los Altos,CA 94022 or personally delivered to DISTRICT at such address or at such other addresses as DISTRICT may designate in writing to CITY. -6- 2. Any notice required to be given to CITY shall be deemed to be duly and properly given if mailed to CITY, postage prepaid, addressed to: City of Mountain View Community Services Director P.O. Box 7540 201 South Rengstorff Avenue Mountain View, CA 94039-7540 or personally delivered to CITY at such address or such other addresses as CITY may designate in writing to DISTRICT. M. Waiver: The failure of any party to insist upon a strict performance of any of the terms, conditions and covenants contained herein shall not be deemed a waiver of any rights or remedies that CITY or DISTRICT may have and shall not be deemed a waiver of any subsequent breach or default of the terms, conditions and covenants contained herein. N. Severability: If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement. O. Captions: The captions in the articles of this Agreement are inserted for convenience purposes only and shall not affect the terms of this Agreement. P. Termination: Any party may, without cause, withdraw unilaterally from this Agreement upon one hundred eighty (180) days written notice to the other parties prior to July i of each year of this Agreement. IN WITNESS WHEREOF, this Agreement is executed by CITY, DISTRICT and COUNTY. APPROVED AS TO CONTENT: "CITY": CITY OF MOUNTAIN VIEW, a municipal corporation David A. Muela Community Services Director By: Kevin C. Duggan APPROVED AS TO FORM: City Manager -7- C. Shelley Emerson "DISTRICT": Senior Assistant City Attorney MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Susan Schectman By: General Counsel L. Craig Britton General Manager PB/9/CSD/201-05-12-OOA^ -8- Regional Open !, ace 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-86 Meeting 00-16 June 28, 2000 AGENDA ITEM 9 AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for El Corte de Madera Creek Open Space Preserve to Permanently Reroute the Virginia""il ,Trail GENERAL MANAGER'S RECOMMENDATIO - r Adopt an amendment to 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 At our May 24 2000 meeting, you took the following action: 1 determined that the project for the Y Y � g� Y g ( ) P J repair and rerouting of the Virginia Mill Trail was categorically exempt from the California Environmental Quality Act (CEQA); (2) authorized staff to solicit bids for storm damage repairs to the Virginia Mill Trail and for reconstruction of a 0.7 mile section of replacement trail; and (3) tentatively adopted an amendment to the Use and Management Plan for El Corte de Madera Open Space Preserve to permanently reroute the Virginia Mill Trail (see report R-00-71). At that time, the General Manager determined that since the proposed rerouting of the Virginia Mill Trail, in effect, returned the trail to its original alignment, that the amendment would be of limited concern or importance as a result. Public notification was reduced in scope and was accomplished by Agenda Notice and by posting information and meeting dates at the preserve and at the main office prior to your May 24, 2000 meeting. Staff has received no public comment on this amendment since that time. Prepared by: John Cahill, Open Space Planner II 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 7 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton 1 Regional Open �, we � 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-88 Meeting 00-16 June 28, 2000 AGENDA ITEM 10 AGENDAITEM Authorization to Change District's Designation of Authorized Signatories for District General and Payroll Checking Accounts GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional pen Space District Establishing Signatories for General Checking Account(Mid-Peninsula Bank). 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Payroll Checking Account(Mid-Peninsula Bank). 3. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts. DISCUSSION Section 2.40, "Financial Instrument Signatories,"of your Rules of Procedure states that, "The authorized signatories ... for payroll or for amounts less than $5,000 shall be any one of the following six employees: (i) the General Manager; (ii)the Assistant General Manager; (iii)the Administration and Human Resources Manager; (iv)the Operations Manager, (v)the Public Affairs Manager,or(vi)the Planning Manager,"and that, "The authorized signatories for ... amounts of$5,000 or greater(excluding payroll) shall be any two of the following employees: (i)the General Manager; (ii)the Assistant General Manager; (iii)the Administration and Human Resources Manager; (iv)the Operations Manager, (v)the Public Affairs Manager, or(vi)the Planning Manager." i I While the Rules of Procedure are specific regarding positions designated as signatories,the District's bank requires that resolutions be adopted by the Board each time individuals occupying signatory positions change. I With the resignation of the Planning Manager, and the filling of the vacant Public Affairs Manager position, identification of new signatories is in order. i Because the District draws warrants from the County of Santa Clara, a further resolution is required identifying changes in named signatories when they occur. Prepared by: Deirdre Dolan, Administration and Human Resources Manager Contact person: Same as above 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org . Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton L C, PORATE BANKING RESOD ION (for Deposit Accounts) Depositor: MIDPENINSULA REGIONAL OPEN SPACE Financial Mid-Peninsula Bank DISTRICT-GENERAL ACCOUNT Institution: 420 Cowper Street 330 DISTEL CIRCLE Palo Alto,CA 94301 LOS ALTOS,CA 94022 Account No: 0108390201 1, the undersigned Secretary of the Corporation named above, HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the state of California as a corporation for profit,with its principal office at 330 DISTEL CIRCLE,LOS ALTOS,CA 94022. Account Holder. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-GENERAL ACCOUNT is the complete and correct name of the Account Holder. FURTHER CERTIFY that at a meeting of the Board of Directors of the Corporation,duly and regularly called and held on June 28,2000,at which a quorum was present and voting,the following resolutions were adopted: RESOLVED,that the Financial Institution named above at any one or more of its offices or branches,be and it hereby is designated as a depository for the funds of this Corporation,which may be withdrawn on checks,drafts,advises of debit,notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any one (1) of the following named officers or employees of this Corporation ("Agents'), whose actual signatures are shown below: X L CRAIG BRITTON,GENERAL MANAGER X JOHN M ESCOBAR,OPERATIONS MANAGER X DEIRDRE C DOLAN,ADMIN MGR X STEPHANIE JENSEN,PUBLIC AFFAIRS MGR and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agents personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein,or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with the Financial Institution, or for collection or discount by the Financial Institution; and to accept drafts and other items payable at the Financial Institution. FURTHER RESOLVED,that the above named agents are authorized and empowered to execute such other agreements,including,but not limited to, special depository agreements and arrangements regarding the manner,conditions,or purposes for which funds,checks,or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account is maintained. Financial Institution shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. 1 FURTHER CERTIFY that the persons named above occupy the positions set forth opposite their respective names and signatures;that the foregoing Resolutions now stand of record on the books of the Corporation; that they are in full force and effect and have not been modified in any manner whatsoever. IN TESTIMONY WHEREOF, 1 have hereunto set my hand on ,2000 and attest that the signatures set opposite the names listed above are their genuine signatures. CERTIFIED TO AND ATTESTED BY: X 'Secretary or Assistant Secretary CORPORATE SEAL X 'NOTE: In case the Secretary or other certifying officer is designated by the foregoing resolutions as one of the signing officers,this certificate should also be signed by a second Officer or Director of the Corporation. DEPOSIT PRO,Reg.U.S.Pa,.S T.M.OFF.,V—e.w•(c)2000 CFI PrcS—fc,Mc. AO Righte Rya..-d. CA-O:xCFRTIS1L710 C ?ORATE BANKING RESOL ION (for Deposit Accounts) Depositor: MIDPENINSULA REGIONAL OPEN SPACE Financial Mid-Peninsula Bank DISTRICT-PAYROLL ACCOUNT Institution: 420 Cowper Street 330 DISTEL CIRCLE Palo Alto,CA 94301 LOS ALTOS,CA 94022 Account No: 0110653801 1, the undersigned Secretary of the Corporation named above, HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the state of California as a corporation for profit,with its principal office at 330 DISTEL CIRCLE,LOS ALTOS,CA 94022. Account Holder. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-PAYROLL ACCOUNT is the complete and correct name of the Account Holder. I FURTHER CERTIFY that at a meeting of the Board of Directors of the Corporation,duly and regularly called and held on June 28,2000,at which a quorum was present and voting,the following resolutions were adopted: RESOLVED,that the Financial Institution named above at any one or more of its offices or branches,be and it hereby is designated as a depository for the funds of this Corporation,which may be withdrawn on checks,drafts,advices of debit,notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any one (1) of the following named officers or employees of this Corporation ("Agents'), whose actual signatures are shown below: X L CRAIG BRITTON,GENERAL MANAGER X JOHN M ESCOBAR,OPERATIONS MANAGER X DEIRDRE C DOLAN,ADMIN MGR X STEPHANIE JENSEN,PUBLIC AFFAIRS MGR and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein,or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with the Financial Institution, or for collection or discount by the Financial Institution; and to accept drafts and other items payable at the Financial Institution. FURTHER RESOLVED,that the above named agents are authorized and empowered to execute such other agreements,including,but not limited to, special depository agreements and arrangements regarding the manner,conditions,or purposes for which funds,checks,or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect unfit written notice of any amendment or revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account is maintained. Financial Institution shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. I FURTHER CERTIFY that the persons named above occupy the positions set forth opposite their respective names and signatures;that the foregoing Resolutions now stand of record on the books of the Corporation; that they are in full force and effect and have not been modified in any manner whatsoever. IN TESTIMONY WHEREOF, I have hereunto set my hand on ,2000 and attest that the signatures set opposite the names listed above are their genuine signatures. CERTIFIED TO AND ATTESTED BY: X 'Secretary or Assistant Secretary CORPORATE SEAL X i 'NOTE: In case the Secretary or other certifying officer is designated by the foregoing resolutions as one of the signing officers,this certificate should also be signed by a second Officer or Director of the Corporation. DEPOSIT PRO,11e9.U.S.Pet.i T.M.OFF.,Per.S.Oee(c)2000 OFI Pr*Servtcee,Inc. A!fUyNu/teferved. CA-GACHITIS\t.tte I RESOLUTION NO. 00-43 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ESTABLISHING FINANCIAL INSTRUMENT SIGNATORIES OF THE DISTRICT FOR SANTA CLARA COUNTY ACCOUNTS The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Whereas Section 2.40 of the Rules of Procedure(required by Public Resources Code, Division 5,Chapter 3, Article 3, Section 5 536)of the Board of Directors of the Midpeninsula Regional Open Space District authorizes . signatories to make disbursements on behalf of the District; Now,therefore,the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section 1. The signatures of the present holders of said offices are as follows, and the Director of Finance of Santa Clara County is authorized to make disbursements on behalf of the District based on any one signature for amounts under$5,000.00 and any two signatures for amounts of$5,000.00 and over, as set forth below: General Manager Administration &Human Resources Mgr. L. Craig Britton Deirdre C.Dolan Assistant General Manager Public Affairs Manager John M. Escobar Stephanie H.Jensen RESOLUTION NO. 00-44 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ESTABLISHING FINANCIAL INSTRUMENT SIGNATORIES OF THE DISTRICT FOR SANTA CLARA COUNTY ACCOUNTS The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Whereas Section 2.40 of the Rules of Procedure(required by Public Resources Code,Division 5, Chapter 3, Article 3, Section 5536)of the Board of Directors of the Midpeninsula Regional Open Space District authorizes signatories to make disbursements on behalf of the District; Now,therefore,the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section 1. The signatures of the present holders of said offices are as follows, and the Director of Finance of Santa Clara County is authorized to make disbursements on behalf of the District based on any one signature for amounts under$5,000.00 and any two signatures for amounts of$5,000.00 and over, as set forth below: General Manager Administration&Human Resources Mgr. L. Craig Britton Deirdre C. Dolan Assistant General Manager Public Affairs Manager John M. Escobar Stephanie H.Jensen Regional Open !, .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-94 Meeting 00-16 June 28, 2000 AGENDA ITEM 11 AGENDA ITEM Cancellation of July 12 Regular Board Meeting and Scheduling of a Special Meeting of the Board of Directors for July 12, 2000 GENERAL MANAGER'S RECOMMENDATIONS 1. Cancel your July 12, 2000 Regular Meeting. 2. Schedule a Special Board Meeting for Wednesday, July 12, 2000 at 7:00 p.m. at the Palo Alto Elk's Lodge,to consider final adoption of amendments to the District Trail Use Policy and Final Adoption of Amendments to the Use and Management Plans for Affected Preserves. DISCUSSION i It is recommended that you cancel your July 12 regular meeting at the District's Administrative Office and schedule a special meeting on the same date to consider final adoption of changes to the District Trail Use Policy. The meeting will be held at the Palo Alto Elks Lodge at 4249 El Camino Real, Palo Alto, in order to ensure that sufficient seating space will be available to accommodate community interest in this matter. To ensure sufficient public notice, staff has already mailed nearly 2,000 notices and posted key District trailheads informing the public of the 7:00 p.m. meeting time at the Palo Alto Elks Lodge. 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 ' Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz .General Manager:L.Craig Britton Claims No. 00-12 Meeting 00-16 Date: June 28, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2062 352.78 Acme&Sons Sanitation Sanitation Services 2063 100.00 American Planning Association Recruitment Advertisement 2064 100.00 Association of Environmental Professionals Recruitment Advertisement 2065 146.43 AT&T Telephone Service 2066 404.00 Battery-Tech Inc. Radio Batteries 2067 3,311.17 Bay Area Plumbing&Heating Enterprise Rental-Furnace Replacement 2068 568.09 The Bicycle Outfitter Patrol Bike Maintenance&Repairs 2069 2,067.20 Biotic Resources Group Sierra Azul Resource Inventory 2070 90.73 Browning-Ferris Industries Garbage Service 2071 500.00 *1 B.P.O.E. 1471-Elks Lodge Meeting Hall Rental 2072 55.26 California Native Plants Society Resource Documents 2073 80.00 California Park&Recreation Society Recruitment Advertisement 2074 314.47 California Water Service Company Water Service 2075 275.00 Camino Medical Group Medical Services 2076 107.50 Cascade Fire Equipment Company Fire Pumper Parts 2077 199.24 Cellular One Cell Phone Service 2078 256.44 Cole Supply Company Janitorial Supplies 2079 431.25 Compurun Computer Consulting Services 2080 6,614.78 D&M Consulting Engineers, Inc. Bridge Design&Consultation-Thornewood 2081 7,269.07 Design Concepts Graphic Designs&Layouts 2082 137.00 Eccles Engineering Landslide-Geotechnical Consultant 2083 4.77 Empire Equipment Co. Tractor Oil 2084 49.40 Federal Express Express Mail Service 2085 132.21 Film To Frame Photography Services 2086 391.23 Forestry Suppliers, Inc. Field Supplies 2087 33.61 G&K Services Shop Towel Service 2088 350.31 GreenInfo Network GIS Mapping Services 2089 360.00 Green Waste Recovery Service Dumpster Service 2090 39.00 Half Moon Bay Review Subscription 2091 431.35 HMH, Incorporated Density Analysis Testing 2092 110.00 Jobs Available Recruitment Advertisement 2093 275.00 Law Enforcement Psychological Services, Inc. Recruitment-Background Investigations 2094 238.45 Los Altos Garbage Company Garbage Service 2095 8,500.00 Macias, Gini&Company Auditor Installment Payment 2096 39.70 Madco Welding Supply Company, Inc. Welding Supplies 2097 96.83 MetroMobileConummications Vehicle Parts 2098 10,000.00 *2 North American Title Company Acquisition Deposit 2099 73.64 Office Helper Office Supplies 2100 1,908.80 Old Republic Title Company Escrow &Title Fees 2101 1,202.81 Pacific Bell Telephone Service 2102 1,984.51 PIP Printing Printing Services 2103 255.64 Pitney Bowes Credit Corp. Postage Meter Lease 2104 288.13 Powerland Equipment, Inc. Equipment Parts 2105 72.26 Rayne Water Conditioning Water Service 2106 1,686.40 Eric Remington Wildlife Assessment Services 2107 8.06 Robert's Hardware Field Supplies 2108 286.55 Roto-Rooter Plumbers Enterprise Rental-Drain Repairs 2109 1,771.06 Roy's Repair Service Vehicle Maintenance&Repairs 2110 126.11 Safety-Kleen Solvent Tank Service Page 1 Claims No. 00-12 Meeting 00-16 Date: June 28, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2111 160.00 Santa Clara Co. Dept. of Environmental Health RSA-Hazardous Materials Fuel Permit 2112 2,040.62 Santa Clara Co. Dept. of Environmental Health Hazardous Waste Disposal-BCR Area 2113 150.04 San Jose Mercury News Subscription Renewal 2114 1,200.00 Slaght Living Trust Ranger Resident Rental Agreement 2115 435.00 Malcolm Smith Consultant-Public Affairs 2116 548.78 Target Specialty Products Weed Abatement Supplies 2117 129.00 Terminix Pest Control Services 2118 566.25 *3 Third Ear Sound Meeting Room Rental 2119 99.48 Tires On The Go Tire 2120 22,410.00 TKO Construction Company BCR Demolition 2121 22,965.08 2M Associates District Annexation Studies 2122 6,825.00 Valley Tree Care BCR Tree Maintenance 2123 103.00 Verio/Best Internet Field Office Internet Service 2124 451.00 Whitmore,Johnson&Bolanos Legal Services 2125 300.00 Roberta Wolfe Recording Services *1 Urgent Check Issued June 21, 2000 *2 Urgent Check Issued June 15, 2000 *3 Urgent Check Issued June 21, 2000 Total 112,479.49 Page 2 Claims No. 00-12 Meeting 00-16 Date: June 28, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2062 352.78 Acme&Sons Sanitation Sanitation Services 2063 100.00 American Planning Association Recruitment Advertisement 2064 100.00 Association of Environmental Professionals Recruitment Advertisement 2065 146.43 AT&T Telephone Service 2066 404.00 Battery-Tech Inc. Radio Batteries 2067 3,311.17 Bay Area Plumbing&Heating Enterprise Rental-Furnace Replacement 2068 568.09 The Bicycle Outfitter Patrol Bike Maintenance&Repairs 2069 2,067.20 Biotic Resources Group Sierra Azul Resource Inventory 2070 90.73 Browning-Ferris Industries Garbage Service 2071 500.00 *1 B.P.O.E. 1471-Elks Lodge Meeting Hall Rental 2072 55.26 California Native Plants Society Resource Documents 2073 80.00 California Park&Recreation Society Recruitment Advertisement 2074 314.47 California Water Service Company Water Service 2075 275.00 Camino Medical Group Medical Services 2076 107.50 Cascade Fire Equipment Company Fire Pumper Parts 2077 199.24 Cellular One Cell Phone Service 2078 256.44 Cole Supply Company Janitorial Supplies 2079 431.25 Compurun Computer Consulting Services 2080 6,614.78 D&M Consulting Engineers, Inc. Bridge Design&Consultation-Thornewood 2081 7,269.07 Design Concepts Graphic Designs&Layouts 2082 137.00 Eccles Engineering Landslide-Geotechnical Consultant 2083 4.77 Empire Equipment Co. Tractor Oil 2084 49.40 Federal Express Express Mail Service 2085 132.21 Film To Frame Photography Services 2086 391.23 Forestry Suppliers, Inc. Field Supplies 2087 33.61 G&K Services Shop Towel Service 2088 350.31 GreenInfo Network GIS Mapping Services 2089 360.00 Green Waste Recovery Service Dumpster Service 2090 39.00 Half Moon Bay Review Subscription 2091 431.35 HMH, Incorporated Density Analysis Testing 2092 110.00 Jobs Available Recruitment Advertisement 2093 275.00 Law Enforcement Psychological Services, Inc. Recruitment-Background Investigations 2094 238.45 Los Altos Garbage Company Garbage Service 2095 8,500.00 Macias, Gini&Company Auditor Installment Payment 2096 39.70 Madco Welding Supply Company, Inc. Welding Supplies 2097 96.83 MetroMobileCommunications Vehicle Parts 2098 10,000.00 *2 North American Title Company Acquisition Deposit 2099 73.64 Office Helper Office Supplies 2100 1,908.80 Old Republic Title Company Escrow&Title Fees 2101 1,202.81 Pacific Bell Telephone Service 2102 1,984.51 PIP Printing Printing Services 2103 255.64 Pitney Bowes Credit Corp. Postage Meter Lease 2104 288.13 Powerland Equipment, Inc. Equipment Parts 2105 72.26 Rayne Water Conditioning Water Service 2106 1,686.40 Eric Remington Wildlife Assessment Services 2107 8.06 Robert's Hardware Field Supplies 2108 286.55 Roto-Rooter Plumbers Enterprise Rental-Drain Repairs 2109 1,771.06 Roy's Repair Service Vehicle Maintenance&Repairs 2110 126.11 Safety-Kleen Solvent Tank Service Page 1 Claims No. 00-12 Meeting 00-16 Date: June 28, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2111 160.00 Santa Clara Co. Dept. of Environmental Health RSA-Hazardous Materials Fuel Permit 2112 2,040.62 Santa Clara Co. Dept. of Environmental Health Hazardous Waste Disposal-BCR Area 2113 150.04 San Jose Mercury News Subscription Renewal 2114 1,200.00 Slaght Living Trust Ranger Resident Rental Agreement 2115 435.00 Malcolm Smith Consultant-Public Affairs 2116 548.78 Target Specialty Products Weed Abatement Supplies 2117 129.00 Terminix Pest Control Services 2118 566.25 *3 Third Ear Sound Meeting Room Rental 2119 99.48 Tires On The Go Tire 2120 22,410.00 TKO Construction Company BCR Demolition 2121 22,965.08 2M Associates District Annexation Studies 2122 6,825.00 Valley Tree Care BCR Tree Maintenance 2123 103.00 Verio/Best Internet Field Office Internet Service 2124 451.00 Whitmore, Johnson&Bolanos Legal Services 2125 300.00 Roberta Wolfe Recording Services 2126R 194.15 Anne Bickle Reimbursement-Recruitment Expenses 2127R 13,382.00 Boring-Johndrow-Leveroni-Vreeburg, Inc. Workman's Comp. Deposit Premium 2128R 19,904.00 Lasher Auto Center Dodge Ram 4X4 Vehicle 2129R 140.00 Palo Alto Chamber of Commerce Art&Wine Festival Booth Fee 2130R 293.44 Second Cup Local Business Meeting Expense 213IR 75.58 Petty Cash Office and Nature Center Supplies, Vehicle and Local Business Meeting Expense *1 Urgent Check Issued June 21, 2000 *2 Urgent Check Issued June 15, 2000 *3 Urgent Check Issued June 21, 2000 Total 146,468.66 Page 2 i Regional ©pen Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C.Britton,General Manager Date: June 23,2000 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 • Q�,N SPq� v Memorandum : MI REGIONAL REGI SULA OPEN SPACE DISTRICT To: Board of Directors From: G. Bailiie, J. Isaacs, D. Sanguinetti Subject: Russian Ridge Prescribed Burn Update Date: .Tune 28, 2000 This is to notify you that the third annual Russian Ridge Prescribed Burn has been scheduled for Tuesday, July 18. In the event that conditions are not suitable for burning on that day, another day will be chosen, between July 19 and July 28. As in previous years, the burn is being conducted by staff from the California Department of Forestry (CDF), with the close involvement of District staff. Extensive precautions will be taken to ensure the safety of the event, including having a large force of engines and staff from the District, CDF and other fire agencies on hand. A smoke management plan has been written, and staff will be monitoring to ensure the appropriate dispersal of smoke. Plans are also being made to address the need for traffic control, and appropriate media access, which will be coordinated with S. Jensen of Public Affairs. Prior to the day of the burn, black lining and other precautionary measures, will be taken to ensure that the burn stays within the designated boundaries. The area to be burned will be slightly smaller than last year(approximately 125 acres, as compared to the 140 acres burned in 1999). The area is being decreased because of the positive response of some areas, (which have thinner soil and less vegetation), to the burn treatment thus making it unnecessary to burn those areas for a third year. Attached is a map which depicts the area which will be burned this year. As a result of the previous two years of prescribed burning, combined with favorable weather conditions, the wildflower displays at Russian Ridge were spectacular during this spring. The continuation of the burning regime will assist in fostering the growth of native plants and wildflowers, and the removal of exotic species. Board members can be provided access to the burn area; however you do need to notify Gordon Baillie by Friday, July 7 of your interest so that arrangements can be made to provide you with all necessary safety equipment, and to inform you of important safety information. OSHA regulations require that all personnel in the burn area be provided with and wear, full wildland fire gear. • --_-`•-Nosed aroa) \• Po - 2000 e� i 1.2 Q 0.3 0.4 0.7 . J� � 1 ann 0.2 ..% ; ON , v 240� s 2200 0.2 kid f5 - ( ® (RR05) 0.5 .5 Ps 1 V0 6 a Y400� Vista Point �.! J � (RRo1) 0.4 2000, 0.7 0.5 s (CJ •� +J � l CO3 /jnP Meadow�ka 0.8 �0.2 4 Spi ( v' } d 2200 (MB04)MCINTE �i 0.3 .5 } 0.3 (MeaS�B E L LO PRESCRIBED 0 _ OPEN AREA < I x 0.3 rSPACE RUSSIAN RIDGE, a.3 PRESERVEid �Y l x gejra�l OPEN-SPACE etra j 0.5 ..�, � L- PRESERVE 51600 1800 �� , 3 Ni pine d \ � 2200 s \ a rspo �OC' 2000 laoo 0.2 � 0.1 10 1.0 0.2 P 0.1 ' 0.1 %!® �i Jl M'ndP��R�d lsoo SKYLINE RIDGE Amend t ('� OPEN.SPACE 11 1.. ai / PKESEKVE/ ( �, 06/23/00 FRI 09:23 FAX 408 280 0418 S.JOSEPH SINITIAN IZ 002 County of Santa Clara Environmental Resources Agency J/ >5 Parls and RCcreatlon Department ?n8 Gdtticn Htll t7r1vc14061338-3741 F.�x 3ss-324.j Rcscn'atuonc 14(Mi 3.;R-3751 TDD i4osi 356-714(-, yl'tl C� ARD TRANSMITTAL TO: Board of Supervisors7D' or&411 '' Prepared � �FROM: Paul D. Romero,Actin Donna Logan r.Real state Agent DATE: June 5, 2000 Reviewed by: � . RE: Agreement for the Operation and Peter Ng, & Se - es Mgr. Management of Rancho San Antonio Reviewed by: _ County Park-June 27, 2000,Agenda Mark Frede 'clt,P Development Mgr. f j Submitted by: T Lisa Killoug eputy D ct Administration RECOMMENDED ACTION It is recommended that the Board of Supervisors: L Approve the Agreement for the Operation and Management of Rancho San Antonio Park with Midpeninsula Regional Open Space District; 2. Approve the attached budget modification which transfers and appropriates$1,500,000 in Park Charter available fund balance as compensation to be paid to Midpeninsula Regional Open Space District for future open space acquisitions 3. Delegate authority to the Director of Parks and Recreation to negotiate and execute;on behalf of the County certain amendments and documents which may be necessary for, implementation of the subject agreement during the term of the agreement and subject to review and approval of County Counsel. FISCAL EMPLICATIONS There is no impact on the General Fund. This Agreement provides for County Park Charter funding of$1,500,000 to MROSD, which must be used for MROSD's open spare acquisition program according to County Park Charter requirements- The County will continue to be responsible for capital maintenance improvements to the Park,but is limited financially to only individual improvement projects that exceed $25,000. Funding for such projects will be considered under the Park CIP budget process and subject to Board appropriation. In consideration of the County's funding for the MROSD's open space acquisition program,MROSD will assume general maintenance and operation responsibilities for the management of the park and contribute$30,000 in funding per year to the Deer Hollow Farm Youth Education Center. It should be noted that there will be no change in the current level of staffing for the Parks and Recreation Department as a result of the proposed Agreement. Staff currently serving the Park will be redirected to other pare operation needs. This agreement will be funded initially with an advance from the department's discretionary Park Charter Interest Fund. Current Park Charter Acquisition funding insufficient to cover the cost for this agreement,since the majority of this funding is committed for repayment of earlier loans for the acquisition of the Bear Ranch,Unger, and Board of Suixrvisors- Donald P. Gaw Bianca Alvar». Pctc McHugh.James T Bcall Jr..S.Joseph Stmtttan � County Executivc: Richard wt(tenberg eo 06/23/00 FRI 09:23 FAX 408 280 0418 S.JOSEPH SIMITIA.v Z 003 Rancho Canada De Oro properties. However,new annual allocations from the Park Charter property taxes will be available in FY2003 for repayment of this advance from tht• Park Charter Acquisition Fund and for new acquisition expenditures_ The current Park Charter extends through FY2009. CONTRACT HISTORY None. BACHGROUNDIR�:A.SONS FOR RECOl�KENDATION Rancho San Antonio County Park adjoins the District's Rancho San Antonio Open: Space Preserve in the unincorporated area of Santa Clara County next to Cuperti;cio. The Park functions as a gateway to the Preserve's network of trails and provides visitor facilities such as parking, trailhead access and a restroom. The operation c,f these public lands requires both the County and the District to employ staff and other resources to maintain public use. The proposed Agreement provides a mechanism[for the District to receive compensation from the'County'for the District's acquisition: program. In return, the District agrees to operate the Park and contribute to the funding of the Deer Hollow Farm Youth Education Center. For the past four years, the County has contributed$50,000/year toward the center, and MROSD has contributed in-kind services of an equal or greater value. Under the proposed Agreement, the District will replace the County's financial contribution with its oik"n funds. The Agreement term is ten years with a mechanism for the parties to negotiate a ten- year extension. The term is proposed to commence on July 1,2000. The District would operate and maintain both areas under the District's ordinances and stand:'irds as well as certain County ordinances for these lands. District's staff has the neceFlsary t peace officer designation to enforce such ordinances. The County would continue to perform major capital maintenance, such as major paving, and the District would perform the oversight and maintenance needed for the day-to-day operation. Both; parties must agree on any changes in the existing Park facilities and would involvie affected members of the public in such decisions. The Board's HLUET Committee forwarded a favorable recommendation regardinit this agreement at its June 15, 2000, meeting. } S �ONSE_ UENCES OF NEGATIVE ACTION The establishment of the integrated operation and maintenance of the public lands would not go forward. STEPS FOLLOWING APPROVAL 1. The Chairperson will execute the Agreement. 2. The Clerk of the Board will return four(4)fully executed Agreements to the F6rks &Recreation Property Management office for processing as soon as possible after execution. Attachurats:Agreement for the Operation and Management of Rancho San Antonio County Park(6),Appropriation Modikab.,a 2 Va'lley tom.: Portola N E W S L E T T E R Issue 15 - Spring 2000 j Mayor's - r • Wtth all of the millennial hoopla `* in the last few months, I've been trying to step back and take a " long view on the role of our Town �+ ... Government as we enter the 21st Century. It used to be that a munici- pal government was directly or indi- rectly responsible for providing phys- ical services to its residents, such as police, fire, sewers, utilities, roads, schools, recreation, etc. Our Town I has chosen to outsource many of those services,and we have devoted most of as our attention to the built environment Photo tir s„san rt,om and quality of life issues facing our Town Musters its Resources for New Open Space residents. However, our lives are changing In the modern financial equivalent "This is an excellent example of fairly quickly in the midst of the of an old-fashioned barn-raising,the how landholders can work with the Information Age with contrasting Town is pooling its resources to pur- Town for their and our mutual bene- trends such as telecommuting, more chase half of the Springdown fit," said Ward Paine, chairman of the and more traffic, amazing real estate Equestrian Center for permanent open Portola Valley Open Space Acquisition values and proliferating modes of space. It is an innovative deal, the Advisory Committee (PVOSAAC), communication. As we enter this next result of a mix of private philanthropy, explaining that the Town council (and century, perhaps we should pay atten- civic self-taxation, town-government Town residents) have for years had as tion to how the responsibilities of our funds allocation and neighborly a high priority the maintenance of the Town government should adjust to exchange. Every household in Portola "rural atmosphere of the Town pot- our changing environment and lives. Valley is chipping in. tat"—that is, the entrances to Town A Town volunteer mentioned to The deal involves the front two lots' along Alpine and Portola Roads. me that he had heard a new resident j of the 12-acre equestrian center,which The purchase agreement is widely complain that he might not have has been operated by Carol and considered a "win-win" situation for moved to Portola Valley if he had Stanley Goodstein since 1984. At its everyone involved, but it also was an known how limited his Internet meeting on April 7, the Town council exercise in give-and-take. The Town options were. Here we are in the announced that it had entered into an council dedicated all $880,000 of midst of the Silicon Valley, ground purchase agreement with the Portola Valley's current open-space zero in the Information Age, and at Goodsteins to buy the first three acres reserves to the purchase. The present almost all residents are limit- of land for $1.625 million (a transac- Goodsteins, who held a four-parcel ed to analog modems. Why9 tion which is now in escrow). It also subdivision agreement for the property ...because of our spread out, rural i announced an option agreement to until 2003, reduced the purchase price density. purchase the adjacent three acres with- by $600,000, with resulting tax bene- Well; maybe our Town govern- in the next five years, as new funds fits. The Town agreed to a lease-back ment should be proactive in these new become available. The total purchase arrangement that will allow Carol "utility" areas that contribute to our 1 price for the property will not exceed Goodstein to continue to operate quality of life. For example, perhaps $3.25 million—considerably less than Springdown as an equestrian center for we should install a municipally its $3.8 million appraised value. up to 10 years (after which Mrs. Continued...page 2 Continued...page 2 1 our Town Springdown (coot.) Mayors Message(coot.) Goodstein can continue to operate ly buy open space," said Nancy owned conduit down the middle of Springdown on the rear six acres). Thompson, co-chairman of the every street, and lease its use to the And uffimmekN, Town residents Friends of the Millennium Campaign various power, telephone and cable Mary and Rodney' Smith donated the and a member of the PVOSAAC. providers. Ideally, the lease fees final $1 million that would clinch the She noted that the challenge had a would offset the cost of installation transaction. "We were happy to do it," tremendous cross-generational appeal, over time. This approach might have a said Mary Smith, adding that the cou- with donations coming from the number of positive effects. It would pWs contribution was part of a larger Sequoias (where Northern California simplify and accelerate our access to pattern of volunteerism and public Presbyterian Homes and Services, the high speed telecommunications, philanthropy in Portola Valley. "I don't foundation that runs the retirement remove utility poles from our road- think that this happens in other community, sponsored its own sides, improve our schools,potentially towns—for the Town to come together $10,000 internal matching fund) as reduce traffic by allowing more effec- and raise this kind of money to pre- well as from young children making tive telecommuting from the home, serve open space. But I'm finding that contributions in honor of their parents. and allow the Town to coordinate the this is a very unusual place." And with lots of generosity from overlapping and often conflicting In November 1997, Portola Valley everyone in between. needs of many of our utility providers. voters approved an open-space mca- "Open space is such an integral In effect, our wires have become as sure that imposed a 2%utilities tax on part of everyone's life out here," she important as our roads in maintaining gas, electric and telephone usage in added. "I really do think it was the the quality of life we enjoy in Portola town. That fee, collected from every open space issue [that led to the extra- Valley. household on an ongoing basis, brings ordinary success of the campaign],not I'm interested in provoking a dia- in about $135.000 annually for the Just that this is a generous town." log on this and other issues that you town's open-space fund. For the Goodsteins the deal repre- think we should be paying more atten- In June 1999, letters went out to sented their personal way of giving tion to in the coming century. Write residents appealing for funds for the something back to the Town, as well your Town Council at 765 Portola Millennium Open Space Challenge, as a way to keep Springdown going. Road, or email us at townhallCapor- sponsored by the council-appointed "We're hoping that this will be a tolavalley.net. Let us know how you PVOSAAC. The Millennium wake-tip call to other people, too," feel! Challenge sought to raise $250,000— said Carol Goodstein. "We're hoping F__ snatching grant of it might encourage them to stop to starting with a m Town of Portola Valley $125,000,jointly donated by Bill and smell the roses and preserve the quali- 765 Portola Road Jean Lane together with John and ty of the community they've moved Portola Valley,CA 94028 Nancy Thompson. into, instead of capitalizing on the 650-851-17(X) townha[ICiportolavalley.net The response was immediate, and tremendous increases in property the original $250,000 goal was sur- value." Portola Valley Town Council passed within a month. The Lanes The purchase of the first Edward C. Driscoll,Mayor pledged an additional $100,000 in Springdown parcel will be complete Kirke Comstock,Vice Mayor matching funds, raising the goal to by the end of the year. Funds to pay Craig M. Brown $450,000 and lending even more for the second parcel will be generated Ed Davis momentum to the fund-raising drive, by the 2% utility-users tax. Nancy Vian Uitimately—more than 400 local Also in the works are plans fora donors later—the fund raised more community celebration of the pus- The Portola Valley Newsletter ,Editors: Xcids,Rudin Angus, than $830,000, which is now being chase. It will almost certainly include I Usbet Nilior,I applied to the Springdown purchase. a walk around the property. It may Council Liaison: Nancy Vian. But its ultimate tally will be even grow into a proper hoedown, �Photographers: Paul Melnychuck, 51,833,704, because the $1 million complete with line dancing, a hobby I Susun Thomas Layout! Bob Angus donation by the Smiths counts as the dear to Carol Goodstein. Further Illustrations, Judy Flath fulfillment of a Millennium Challenge details will be forthcoming as they pledge. evolve. Contributors: "It's turned out to be kind of a text- —Lisbet Nilson Kaitlin Carano,Maryann Dcmr,in, book example for fund-raising: We set Helen Froker,Jane Gallagher,,Alvin Lair,I Nancy Lund,Wil Patterson a goal,we far exceeded it—and we put Marianne Plunder, Michelle Rapp, the money to use right away to actual- Mary Smith. Mary Shott 2 Our History journey. Mixed in with the small farms we a few large estates. William O'Brien Macdonough, a descendant of one of the silver kings of the Comstock Lode, has just purchased 1,300 acres that he ! calls the Menlo Stock Farm. Today we call it Westridge and Arrowhead Meadows. Macdonough is raising prize racehorses In fact, he has recently imported the finest racehorse of the 19th century—for which he has paid the princely sum of $150,000, then the highest price ever in the his- ' ' tory of the sport. The horse's name is A Ormonde; he has even attended a lawn George Bevan Driving Hallidies Carriage On Portola Road party for Queen Victoria. A the new century begins, it seems This is a place of small truck farms Near the banks of Los Trancos ppropriate to take one last linger- where immigrants, mostly from Italy Creek, another judge, James Allen, ing look at the century we're leaving and Ireland, tend their strawberries has a fine large house surrounded by behind. How has this place gfsingular and orchards. Walter Jelich, Sr., has expansive lawns and fruit orchards, beauty, that we cull home changed in just arrived from Croatia. A roadhouse Its entrance is lined with pink and the last one hundred}ears? called The Wunder—which will go white flowering hawthorns. Try to imagine Portola Valley at the through many more incarnations But it is high in the western hills,at beginning of the 20th century, instead before it becomes the Alpine Inn— a place called Eagle Home Farm, that of at the outset of the 21st. In your occupies the corner of Alpine Road the area's most famous resident lives. mind's eye, take away the power lines. and an old logging road called His name is Andrew Hallidie, and he Replace most of the roads with a few Axastradero. It is a popular spot with is the inventor of the cable car, a sys- dirt lanes. Remove almost all of the the working people of the valley. tem of transportation for the hills of existing houses--and put back a few The Martinez granddaughters and San Francisco that will become a cher- houses that have disappeared with the their families live on Coal Mine ished phenomenon for the entire passing years. Surprisingly, it is neces- Ridge. Some of their land is leased to nation. On the same principle,he also sary to eradicate many of the trees as Portuguese dairy farmers.Around 600 has built a roNway from that road well. Picture instead rolling hills of cords of wood are cut from the hill- called Portola to the top of the ridge, bright green or gold, sprinkled with the sides every year to be sold as fire- presumably to demonstrate alternate dark green of oaks. Bring back rat- wood. Two or three houses dot Windy uses of his system for mining or other tlesnakes by the score, and mead- Hill, where farmers raise grain or hay purposes. The ropeway is a local owlarks. and graze cattle on the steep slopes. curiosity. Picture a sleepy little region in the The flat lands around Portola Road When the creation of the Searsviile foothills behind Stanf.'ord University, have either orchards or strawberry dam caused the little logging town of which opened only recently. The house fields. Searsville to be abandoned, Mr. of the rancheros Maximo and Damiana Judge John Alexander's land, Hallidie donated some of his property Martinez still stands where the Portola today's Brookside Drive and the hills for a new town. At the turn of the cen- Valley garage is now. A dusty (or above it, is leased to tenants who use tury, the new town---for which muddy) Portola Road follows essen- the hillsides for pasture and hay. On Hallidie, reportedly suggested the tially the same route as today. Another the flat land, there are at least four name"Portola"to honor the first gov- road called Alpine has recently been acres of grapes as well as apple and ernor of California—stands along laid out.,winding up into the hills along pear trees, but French prunes are the Portola Road, across from today's the banks of Corte Madera Creek. A main crop. The fruit may be taken by Village Square Shopping Center. It's few years ago, a dam was constructed, horse and wagon to market in Palo a small place with a general store, a catching the waters of several creeks Alto. Or it may be delivered to pack- dance hall, a blacksmith or two, and a and forming a reservoir called ing houses in Santa Clara, an all day motel-type hotel called Ysola. Searsvilie. Astonishingly, for the only time in its 10 history, the tiny village has its own The great San Francisco earth- highway along Alpine Road is in the United States Post Office. quake of 1906 has less of an impact in works. Steep streets Cutting through Andrew Hallidie also donated land our area because so few people live the rolling hills, Curbs and streetlights, for a new school. It stands about here on the edge of the fault. But all the facets of urbanization are possi- where the library is today (just to the Martinez descendants on Alpine Road ble. Even probable. left of the newer one-room school- kneel and try to pray as the earth Decision-making on land-use house that still remains). The school rocks.Then they clean up spilled milk, issues in the distant county seat, is a cute place, with a belfry, a steeply restart the clock and pick up the Redwood City, seem unlikely to pro- pitched roof, and separate doors for gramophone. Their cousins on Los tect the hills and valleys that area resi- boys and girls. About 40 students reg- Trancos fare less well. The quake dents have come to love. They want to ularly show up for class, arriving on splits their kitchen off from the rest of snake decisions themselves so that they foot or by pony from their family the house. Ultimately, the family will can ensure that development will be farms. leave the valley rather than face careful and always show respect for As the new century is beginning, repairs and any future similar inci- the land. some rather big changes are occurring dents. And that's just what has happened. in this little village. Andrew Hallidie As the years roll by, a few housing Since incorporation in 1964, develop- has died, and the proprietor of the lit- developments pop up, many of them ment has been slow—tediously slow, tle village store has begun selling consisting of small cottages for San in the minds of many newcomers seek- alcoholic beverages, thereby violating Franciscans who want to escape the ing building permits. It hasn't always the provisions of Hailidie's land gift. city's summer fog. Portola Terrace, in been easy, but, in the view of many, So Mrs. Hallidie will buy the land the Nathhorst area, is developed first, we've achieved a good balance back in 1902, and the buildings of the in 1912. By 1916, the population of between modern development and res- village will gradually disappear. the valley is about 225. Brookside, onant, pastoral quiet. The dance hall moves across the Woodside Highlands,and Los Trancos So here we sit, barely past a road---and becomes St. Catherine's lots begin to sell in the 1920s. momentous milestone in the world's Catholic Church, the predecessor to But the century is nearly half over timekeeping system, living our lives in Our Lady of the Wayside. By 1909 before change begins in earnest. The this green and golden valley, astride the student population has grown post World War I1 boom brings one of the most dangerous earthquake enough that the townspeople have Westridge, Stonegate, Oak Hills, fauits in the world. It's an interesting built that second one-room school, the Alpine Hills, and Arrowhead time to reflect on the past and wonder one that has stood throughout the cen- 'NZeadows. Land sells for about what the future holds. Will Portola tury and still stands today. $10,000 per acre. One of the old Valley still have, the rural ambiance of In 1902, "Sunny Jim" Rolph, soon schools is taken down. Portola Vallev days gone by at the end of the 21 st cen- to be elected mayor of San Francisco School (the current Town Center) tury? and later Governor, purchases today's opens in 1950, Corte Madera in 1.958, —Nancy Lund,Town Historian Pony Tracks Ranch, high in the hills and Ormondale in 1961. of Los Trancos Woods,as the first par- Rapid and enormous growth is pre- Portola Volley history:For more iry: atiorr about The Portola cel of his eventual vast holdings. dieted. In 1956 two Stanford profes- The most dramatic incident of the sors say, "Portola Valley will double Valley Primer is available at new century is a typhoid epidemic that its present population of 2800 within Hull or at the Portola Valle 11Ey sweeps through the region for a two- five years and reach saturation of Pharmacy for S12.5i0 a copy. Proceeds year period between 1903 and 1905. 2,637 to 4,000 families; then the benefit the Town.. Record keeping is still sketchy for school population will reach 1,900. these outlying regions, but health off- The district will need at least five new cials in Palo Alto—population schools." 4,500--will record 236 typhoid cases The rest of the story is closer at before the disease runs its course. hand. Early residents band together in Medical detective work discovers that the late `50s to protect the rural beau- '=.::= the source of the epidermic is a dairy ty around them. They know that more operated by a Portuguese family along development is imminent. Builders a seasonal stream adjacent to Alpine and developers are envisioning high- { Road and today's Hillbrook Drive. rises and shopping centers. A major E` 11 I Page I of 2 Kristi Webb From: <Rosieres@aol.com> To: <rnrosd@openspace.org> Sent: Saturday, June 17, 2000 11:44 AM Subject: copy for Board of Directors June 17, 2000 To: Letters to the Editor The Cupertino Courier From: Terri Alvillar, Fairfax, CA Re: Trail Access - hftp://www.cupertinocourier.com/lefters-0024.html Dear Editor: An important ingredient was omitted from Paul Nam's June 16 discussion of why off-road bicyclists "should share all trail access." Shared use trail experiences throughout the world provide evidence that when bicycles are permitted on hiking trails, hikers and equestrians go elsewhere. Thus, shared use trails become de facto bicycle-only trails, contradicting the assertion that "Closing trails to mountain bikes will force more and more riders on to less and less trails." In reality, it is the equestrians and hikers who are forced onto fewer and fewer trails. In his 1996 report (p. 31), Wisconsin Department of Natural Resources researcher, Alan W. 13jorkman, stated "Increased traffic on high-use trails will result in hiker displacement...The result is that more than 80% of repeat hikers report avoiding a bike trail." In a Utah study (Ramthun 1992) only 6.6% of bikers actually yielded the trail to an encountered hiker. This figure corresponds to my personal experience. Is there any public agency that does not have a problem with mountain bikers building illegal "single track" trails? The thrill of biking on a technical narrow trail is not satisfied by riding the same trail repeatedly, unless the rider's personal speed record can be beaten. New trails with different obstacles and increasing levels of challenges must be built continually to satisfy the adrenaline rush addiction. Mountain bikers already are "naturally dispersed over wide areas," because they ride wherever they want to ride. There are many sound reasons to ban bikes from certain areas. For safety reasons, shared use trails which allow bicycles are usually required to be 8'-12' in width. Mr. Nam was correct in stating that many parks are "foremost preserves of priceless wildlife habitat." Nature, and not "nature as challenge," should be every land managers primary concern. 6/14/00 Page 2 of 2 Sincerely, Terri Alvillar P.O. Box 1014 Fairfax, CA 94978 415-459-7735 6/14/00 Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 23, 2000 Peter Luptovic 707 Continental Circle, Apartment 129 Mountain View, CA 94040 Re: Board tentative decision on mountain bike trail closures Dear Mr. Luptovic: I received your recent letter expressing disappointment about the Board's tentative decision on May 22, 2000 to close 13.6 miles of trails to mountain bicycling and set a long range target ratio of keeping 30% to 35% of its trails closed to bikes. You clearly do not agree with the decision or the process used to reach this tentative conclusion. I presume you have read the report prepared for the May 22 Board meeting, which explains the background of this issue and the basis of the decision as clearly as possible. The Board certainly is interested in public input on all of its decisions. The Board Committee modified the proposal based on comments made at the March 9 meeting. Board members have the responsibility to represent all their constituents, and follow their own consciences. Each Board member has had the opportunity to study the issue, to review the technical information provided by staff, to review public input and to come to an independent decision. The conflict between mountain bikes and other uses is a real and significant problem that has not been adequately addressed by the many measures that have been attempted to date. The Board has come to the tentative conclusion that specific use limits set out in the May 22 report are a reasoned, fair and balanced way to address this conflict. Personally, as I have stated publicly numerous times, I am a supporter of mountain bicycling as a recreational activity, but I believe it should be limited, as does out sister agency, East Bay Regional Park District. I enclose a copy of the District's Basic Policy brochure, which was approved in 1999 after extensive public hearings. Sincerely, Betsy Crowder Director, Ward 6 Midpeninsula Regional Open Space District BC:ak enclosure 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 Peter Luptovic 707 Continental Circle, Apartment 129, Mountain View, CA 94040 e-mail: Wtex luptovic.com telephone: (650)964-6590 Dear Ms Crowder: To say that I was disappointed in the outcome of Monday's board meeting would be an understatement. I am not sure why any of us even bothered to show up. Was it just that the board finds it convenient to say that they held an open meeting where all were heard? The fact that a large number of biking advocates attended and made not whit of difference-as evidenced by a 7 to 0 vote in favor of the boards position—makes me feel somewhat used by MROSD. Despite my disappointment I would like to offer a few points that you might ponder. One is the statement about the silent majority. This ruse had been used by others in the past who have come to regret it. I suspect that the silent majority in this case is really a staff minority. With over 25 years working experience, I have yet to see a functional/staff organization that seeks to do anything but make its life easier. This was illustrated by the comment that enforcement of certain rules would be too hard. I would submit that staffs job is to do what is necessary not what is easy! I realize that the board must work closely with staff,but the board must also be aware that such a close working relationship reduces the critical thinking that is so important in setting policy. Another point has to do with the numerous times that staff was praised for their hard work. I have no doubt that they worked to get a proposition that was acceptable to the board and would make life simpler for them. Hard work in a wrongheaded direction may still be hard work,but not effective work. The resources that were expended to push through this extensively opposed proposal does not in my mind represent good management. Then there was the presumptuous statement by one board member that MROSD is setting policy for 20 to 50 years out. This is patently ludicrous. Things change too fast for anyone to make such a ridiculous statement. Just as mountain biker long for the technical trails of yesterday,hikers long for the solitude of yesterday. To both there is only one response"get over it!". The world moves on and the ever increasing population pressures in our area will ensure that no one's future experiences will be the same as their past experiences. The last election where a development oriented candidate took second place is a good illustration. At some future time,certain area now so restricted by MROSD may yet be subject to development. I have yet to hear any mountain biker espouse the virtues of developing our open spaces. My final point is that,as one of your board members stated,you are elected officials. This means that you have a responsibility to all your constituents not just to those with whom you share common interests. You and the other board members have bikers as constituents to whom you must show fairness. This is lack of fairness and not being adequately represented leaves me with a feeling of resentment. While I will certainly try to manage this bias,it probably will stay with me for a long time. Just to clarify in my mind what the role of MROSD might be,I have searched for an analogy. The one that I propose uses the Internet as a model. In my opinion,MROSD should be acting as a service provider NOT as a content provider. By this I mean that MROSD should provide the opportunity for people to access preserved areas where they can find their own experience,NOT to guarantee what that experience will be. One person's tranquil experience is another's waste of time. In closing,I would like to thank you for not patronizing me and the audience by offering all manner of justification and rationalization. Quite frankly,I found the lengthy statements of three MROSD board members to be insulting and self-serving. While I do not know you well enough to judge whether you really just want bikes off of narrow trails or you are truly anti-biking,I respect the fact that you have a position and stick to it. If you feel that this letter is worth sharing with other board members,please forward it to them. C Yours truly, � � 0 � (2 P. Lu tovic / L p ; t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C. Britton, General�e Date: June 28,2000 Re: FYIs I 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 INTEROFFICE MEMORANDUM May 12, 2000 TO: C. Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month Ap ril Year 2000 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Stolen vehicle recovery I Closed area 11 16 Resisting peace officer Speed 4 5 Helmet 8 19 ACCIDENTS/INCIDENTS Night-riding 0 0 Bicycle accident 3 Unsafe operation 0 1 Jogger I Dogs Medical aid (bicyclist struck child) I Prohibited area 2 5 Search & Rescue 0 Off-leash 4 5 Off-road vehicles 0 1 Closed area 0 0 ENFORCEMENT After hours 0 3 Parking citations 16 Fishing 0 0 Other citations 30 Vandalism 0 9 Written warnings 37 Parking 15 19 Arrests — 0 Parking after hours I 11 Police assistance Dumping/littering 0 1 Campfires 0 0 Camping 0 0 MUTUAL AID Weapons Medical aid I Actual contact 0 0 Accident 2 Report only 0 1 Law Enforcement 2 Evidence of 0 1 Smoke check for fire 2 Unauthorized trail construction 0 1 Violation of easement 0 6 Nuisance dog 1 1 Unlawful construction (tree house) 0 1 SUMMARIES OF SIGNIFICANT INCIDENTS Apr. 9 A half-mile of unauthorized trail construction was discovered in two segments at El Corte de Madera OSP, with connections off the Resolution Trail. Both segments appeared to have been constructed in the Fall of 1999. Vegetation was cut, and cut-and-fill construction used. On the day of the discovery one person was cited for "bicycles prohibited" and the voices of three other cyclists were heard. B. Malone. Apr 11 M. Newburn received a radio report of an unoccupied vehicle that had been in the parking lot all day at Ravenswood OSP. A license plate check confirmed it was a stolen vehicle. East Palo Alto Police were requested and they handled the recovery of the vehicle. Apr 16 An unlawfully constructed tree house was discovered 80 feet up in a Douglas Fir at Picchetti Ranch, along with a backpack, climbing rope and tools. It was dismantled and removed by a tree company, K. Miller. Apr 16 A speeding cyclist was clocked with radar at 36 mph at El Corte de Madera OSP. When a ranger tried to stop him he fled. B. Malone. Apr 20 A bicyclist riding in an unsafe manner at Rancho hit a three-year-old child. He ignored the request to stop from the mother and fled. The child was provided an ice pack for his injured arm. The cyclist was not located. M. Jurich, G. Baillie, K. Carlson. Apr 21 A 15-year-old female was frightened by a man who asked her for directions and appeared to be following her. Trails and entry-points to Thornewood were checked but no man matching the girl's description were found. District rangers and San Mateo sheriff's deputies responded. It was determined that no crime had occurred. Apr 22 A cyclist crashed at Purisima Creek OSP, injuring his shoulder and hitting his head. His brother said they had arrived at the preserve and realized that they had forgotten a helmet. They drove to Redwood City to purchase a helmet and returned to the preserve. Both agreed that the helmet prevented a serious head injury. D. Danielson. Apr 24 At about 6:15 a.m., a resident on Page Mill Rd. reported a naked man in the bushes near Los Trancos/Monte Bello. Palo Alto Police responded. The man turned out to be a scantily dressed woman. L. Paterson. Apr. 26 A repeat dog rule offender was uncooperative and refused to stop at Monte Bello OSP. The woman had previously stated she would walk her dog whenever and wherever she wanted. P. Congdon was called to assist in the stop. The dog lunged at him and he felt that the dog was trying to bite him. The woman was cited for "dog in a prohibited area", "dog off leash" and "nuisance dog" violations. L. Paterson, P. Congdon. Apr 28 Two bicyclists reported to W. Phillips that they saw two men in full camouflage, with bows and arrows, on Ward Road within Long Ridge OSP. They appeared to be hunting pigs. W. Phillips contacted Fish & Game, who will start doing patrol checks of the area. Apr 29 K. Carlson discovered two small redwood trees that had been cut down by gunfire at Loma Prieta Ranch. Six-hundred spent rounds were found in the area. Apr 29 Mutual aid assistance for a county park ranger was requested by the county sheriff's department for an intoxicated group of six people fighting at Stevens Creek park. K. Carlson and K. Miler responded and stood by until the sheriffs units arrived. Vandalism: Apr 1 A lock was discovered missing at Loma Prieta Ranch. Apr 4 Double doors were pried open on the chapel building at Bear Creek Redwoods. Apr 8 A 6x6 post with an "Area Closed" sign was pulled out at Bear Creek Redwoods. Apr 8 A locking post for a steel gate was pulled out at Bear Creek Redwoods. Apr 8 A locking post for a steel gate was pulled out at Sierra Azul. Apr 9 Four "Area Closed" signs and a post were stolen from Saratoga Gap. Apr 10 A sign near Horseshoe Lake at Skyline Ridge OSP was removed. Apr 19 The chain on one gate was cut at Sierra Azul. Two juveniles were apprehended and issued citations. M. Newburn. Apr 21 The chain link fence at St. Joseph's Hill was cut in three places. INTEROFFICE MEMORANDUM June 26, 2000 TO: C. Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month May Year 2000 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles False info to peace officer 1 Closed area 4 11 Baiting I Speed 7 17 Providing alcohol to minors I Helmet 7 14 Minor pass alcohol — 2 Night-riding 0 0 Unsafe operation 0 0 Dogs ACCIDENTS/INCIDENTS Prohibited area 0 1 Bicycle accident — 4 Off-leash 2 4 Jogger 1 Off-road vehicles 1 5 Search & Rescue Closed area 0 0 After hours 3 5 Fishing 0 0 ENFORCEMENT Vandalism 0 18 Parking citations 10 Parking 8 9 Other citations - 25 Parking after hours 2 4 Written warnings 38 Dumping/littering 0 1 Arrests 0 Campfires 0 0 Police assistance 2 Camping 0 2 Weapons Actual contact 0 0 MUTUAL AID Report only 0 1 Medical aid 0 Evidence of 0 1 Accident 2 Unauthorized trail construction 0 1 Law Enforcement I Violation of easement 0 1 Campfire/camping I Activity w/out permit 0 3 Alcohol w/out picnic 0 4 Gathering 0 4 Smoking 1 4 Skating 0 4 SUMMARIES OF SIGNIFICANT INCIDENTS May 5 A woman hiking with her father, an Alzbeimers patient, at Monte Bello requested assistance. After hiking for six hours the woman was unable to get her father to return to the parking area. Rangers M. Ken and J. Menk responded and were able to drive the father and daughter back to their vehicle. May 9 M. Jurich responded to Deer Hollow Farm in Rancho San Antonio OSP on a theft report. Four signs cut out in the shapes of animals were taken at an unknown time. A text sign was also altered. May 10 A cyclist without a helmet was uncooperative at Russian Ridge OSP. She initially refused to comply when ordered to stop by W. Phillips and refused to provide adequate identification. Eventually she complied and was cited. May 12 Mtn. View Communications advised T. Lausten that the Sheriff's Department had received a report of two gun shots in Sierra Azul forty-five minutes earlier. The area was checked two hours later and no evidence was located. May 17 An partially completed and unauthorized trail was discovered at El Corte de Madera OSP. It appeared to be about two years old and appeared not to be in use. B. Malone. May 22 A bag of fish heads was found hanging in a tree at Long Ridge OSP. This was probably done as a method of baiting pigs for the purpose of hunting. L. Paterson. May 25 A cyclist going 23 mph (clocked on radar) at Fremont Older OSP had to skid to a stop to avoid hitting C. Sparks-Hart. A citation was issued. K. Carlson assisted. May. 26 A can of spray paint was found near the restroom at Russian Ridge OSP. There was no graffiti found in the area. L. Paterson. May 30 A man was cited for "after hours use" and "off road motorcycle use" at Foothills OSP. He was also in violation of several Dept. of Motor Vehicle regulations. He was identified as the same motorcyclist rangers had attempted to contact at Windy Hill OSP on an earlier date. B. Malone. Vandalism: May 1 A lock was cut at El Sereno. May 4 A fence was cut in two places at Sierra Azul. May 6 A lock was cut at Sierra Azul. May 6 A fence was cut in two places at Bear Creek. May 6 Two "Area Closed" signs were removed from a fence at Sierra Azul. May 11 Graffiti was sprayed on a gate at Monte Bello and the stripe in a "no dogs" sign was scratched off. May 12 A lock and chain were discovered missing at Sierra Azul. May 14 Two gate signs were spray painted at Fremont Older. May 17 A "Closed Not a Trail" sign was stolen and the post twisted at El Corte de Madera. May 18 Graffiti was sprayed on a regulation sign and on the map board at Windy Hill. May 19 A regulation sign was scratched at Monte Bello. May 19 Graffiti was sprayed on a regulation sign and "Dogs by Permit" was scraped off at Long Ridge. May 20 A gate and three signs were shot with paint ball guns in Sierra Azul. May 27 Graffiti was painted on gate signs in Sierra Azul. May rear � P 27 A and rail was removed from a split rail fence in Sierra Azul. May 28 A lower rail was taken from a split rail fence in Sierra Azul. May 28 A "No Climbing" sign and post were stolen and a climbing regulations sign was torn down at Long Ridge. May 29 A double-sided wooden sign at Monte Bello was shot 8 times. The bullets went through the signs. California Sped arDistricts Financial Information Service SPECIAL REPORT LITTLE HOOVER COMMISSION LOOKS AT SPECIAL DISTRICTS The Little Hoover Commission, a watchdog group appointed by the Governor and the Legislature to "promote economy and efficiency" in government, has issued a report entitled "Special Districts : Relics of the Past or Resources for the Future?" . Issued in early May, the report is generally complimentary regarding the purposes, history, and organization of California' s Special Districts. Major concerns are that Special Districts are generally anonymous and invisible to the public they serve; Local Agency Formation Commissions (LAFCOs) have not done a good job of overseeing them, some Special Districts have been resistant to change, and many Special Districts, including some enterprise districts, have accumulated huge reserves without public awareness of the reason for that . Of the 3800 Special Districts in California, the report focused on the 2200 independent districts . Based on the latest data, those agencies have accumulated $19 . 4 billion in reserves, more than double their annual gross revenues . While some districts clearly have a good purpose for the money, such as planned construction or expansion, the reasons are not clear (or not publicly known) for many other districts . The report recommends more public visibility, websites, information in customer billing statements, reports to other local governments, and other communication techniques. It also encourages increased participation by holding Special District elections as part of even year general elections . In 1996-1997, independent enterprise districts received $421 million in property tax allocations . Thirty-eight percent of that amount went to water districts, "which generate the highest annual revenues and maintain the largest reserves of all special districts . " The report suggests that the appropriateness of maintaining property tax allocation to enterprise districts should be "scrutinized" . While 40% of the Special Districts provide no compensation to Board members and another 45% provide less than $5, 000 annually, some districts reported compensation packages in excess of $20, 000 per year, per director. This raises the question if that is a reason why some districts resist consolidation or elimination. -June 2000 Em SpRpt 35 c 2000,BWv*V&Baker Assodates,Inc. California Special Districts--Financial Infornsaflon Service SPECIAL REPORT---- The Commission found that LAFCOs are understaffed, underfunded, and lack the independence to challenge the status quo. Periodic and specific LAFCO reviews of independent Special Districts should be required (according to the report) with additional funding and independence for LAFCOs, such as appointing their own executive officers and legal counsels, rather than relying on the counties to provide those services. The report found that 24 of the 74 Hospital Districts in this state no longer operate hospitals . While they may be providing valuable services, they are "not being scrutinized to determine if a separate government is truly needed to provide that service. " Copies of the report may be purchased for $5 each or can be obtained from the Commission' s website at www. lhc .ca.gov. June 2000 SpRpt 35A 0 2000,B6vw*V&Baker Associates,Inc,