HomeMy Public PortalAbout20000726 - Agendas Packet - Board of Directors (BOD) - 00-21 Regional e 1. 16e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-21
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:00 P.M.
Wednesday,July 26,2000
330 Distel Circle
Los Altos,California
Please Note: 7:00 P.M. Closed Session Start Time
7:30 P.M. Regular Meeting Start Time
AGENDA
ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT--CLOSED SESSION
The Closed Session will begin at 7:00 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 Number 544-50-04
Agency Negotiator - L. Craig Britton
Negotiating Party- John Musumeci
Under Negotiations - Instructions to negotiator will concern price and terms of payment.
2. Conference with Legal Counsel - Existing Litigation -
Governmental Code Section 54956.g (a)
Name of Case: Moshell v. MROSD, Case No. 402473
REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
** ORAL COMMUNICATIONS—PUBLIC
*** ADOPTION OF AGENDA
* * ADOPTION OF CONSENT CALENDAR—K.Nitz
** WRITTEN COMMUNICATIONS
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
L
Meeting 00-21 Page 2
APPROVAL OF MINUTES
■ June 14,2000
■ June 28,2000
BOARD BUSINESS
7:35* 1 Consideration of Exercise of the Right of First Refusal to Purchase Lands of the Russian Convent
of Our Lady of Vladimir, Inc. and Approval of Offer and Purchase Agreement Therefore;
Determination of Categorical Exemption from California Environmental Quality Act; Adoption
of Preliminary Use and Management Plan and Naming the Property Mills Creek Open Space
Preserve; Declaration of Intention to Dedicate Property as Public Open Space—M. Williams
8:05* 2 Approval of License Agreement for Big Creek Lumber Company to Cross Over 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 Company for Access at Bear Creek Redwoods Open Space Preserve—D. Dart
8:20* 3 Proposed Addition of Silva Property to the Skyline Ridge 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 Resolution Authorizing Purchase of the Silva
Property; Tentatively Adopt the Amended Use and Management Plan Recommendations
Contained in the Report, Including Naming the Property as an Addition to the Skyline Ridge
Open Space Preserve; Declaration of Intention to Dedicate the Property as Public Open Space
M. Williams
8:40* 4 Authorization to Hire Rana Creek Habitat Restoration to Finalize Results from the Russian Ridge
Grassland Management Project, Continue Restoration Efforts,and Develop a District-Wide Seed
Increase Program; Determine that the Proposed Project is Categorically Exempt from the
California Environmental Quality Act(CEQA)Based on the Findings Contained in the Report;
Authorize the General Manager to Execute a Contract with Rana Creek Habitat Restoration to(1)
Finalize the Russian Ridge Grassland Management Project,(2)Continue Restoration of 20 Acres,
and(3) Develop a District-Wide Seed Increase Program With a Budget Not to Exceed $5 1,000 in
Fiscal Year 2000-2001 —J. Isaacs
9:10* 5 Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and
Approval of Amendment to General Manager's Employment Agreement; As a Result of the
Board's Evaluation of the General Manager's Performance for the Period of March 10, 1999
through March 9,2000 and Compensation Review for the Position,the Ad Hoc Board Appointee
Evaluation Committee Recommends a 4%Meritorious Pay Award Based on the General
Manager's Performance and a Salary Adjustment Consisting of an 8.8%Parity Adjustment and a
6.2%Cost of Living Increase, Retroactive to March 9, 2000; Adopt the Resolution Amending the
General Manager's Employment Agreement to Reflect an Adjusted Salary of$126,884.2 1, a 4%
Meritorious Pay Award Totaling$4,416.36,and an Increase in Severance Compensation from 3
Months to 6 Months—K.Nitz
Meeting 00-21 Page 3
6 Notice of Contract Completion for the Demolition of Fourteen(14)Minor Structures at Five(5)
Separate Sites,and Removal of Debris at Bear Creek Redwoods Open Space Preserve; Authorize
the Board President,or Other Appropriate Officer,to Execute the Attached Notice of Completion
of Contract and Acceptance of Work for the Demolition Projects—J. Cahill
7 Appointment of Peace Officer; Adopt the Resolution Appointing Susannah Anderson-Minshall as
a Peace Officer—G. Baillie
REVISED CLAIMS
INFORMATIONAL REPORTS—Brief Reports or announcements concerning pertinent activities of District
Directors and staff
CLOSED SESSION CONTINUED(if necessary)
9:20* 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.
Region en .ice
R-00-103 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-21
July 26, 2000
AGENDA ITEM I
AGENDA ITEM
Consideration of Exercise of the Right of First Refusal to Purchase Lands of the Russian
Convent of Our Lady of Vladimir, Inc. and Approval of Offer and Purchase Agreement
Therefore; Determination of Categorical Exemption from California Environmental Quality
Act; Adoption of Preliminary Use and Management Pla ndTNarmng the Property Mills Creek
Open Space Preserve; Declaration of Intention to Dedic to Property as Public Open Space
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine based on the record before the Board 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 of the Board of Directors of the Midpeninsula Regional
Open Space District approving the exercise of the District's Right of First Refusal to
purchase lands of the Russian Convent of Our Lady of Vladimir, Inc. and approve the
attached Offer and Purchase Agreement therefore.
3. Adopt the Preliminary Use and Management Plan recommendations contained in this
report, including naming the property Mills Creek Open Space Preserve.
4. Indicate your intention to dedicate the property as public open space.
INTRODUCTION
The District Board of Directors is considering exercising its right of first refusal to purchase a
284-acre property owned by the Russian Convent of Our Lady of Vladimir, Inc. The
District's Right of First Refusal was a term included in a 1998 settlement agreement between
the Convent and the District. The settlement agreement resolved a dispute between the
Convent and the District which arose out of the District's finding and determination of public
necessity for the acquisition of the property for open space purposes and subsequent filing of
an eminent domain action (see report R-98-89). As required by the Right of First Refusal, the
Convent has notified the District that they have entered into an agreement to sell their property
to a third party, subject to the District's Right of First Refusal. The District has fifteen days to
make a determination whether or not to acquire the property under substantially the same terms
as the Convent's purchase agreement with the private party.
Since the District and Convent entered into the Settlement Agreement in June 1998, the
Convent has proceeded with the process of obtaining necessary permits from the County of San
330 Distel Circle. N Los Altos, CA 94022-1404 Phone: 650-691-1 200
FAX:650-691-0485 . E-mail: mrosd@openspace.org Wet)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-00-103 Page 2
Mateo to construct the Convent's proposed project for this property. During the course of this
process, the District has worked with the Convent to accommodate minor project changes
requested by the County, pertaining to the location of buildings and the driveway (see report
R-99-114). Other than assisting the Convent with these changes, the District has not
participated in the planning process or commented on the development plans. The District is
now responding to the Convent's recent decision to terminate the planning process and sell the
property.
DESCRIPTION (see attached map)
The property is located in San Mateo County on a prominent ridge overlooking Half Moon
Bay and Burleigh Murray Ranch State Park. Bordering Skyline Boulevard and situated near
the intersection of State Highway 92, the property forms one of the most scenic ridges in the
Santa Cruz Mountains. The establishment of the Mills Creek Open Space Preserve project will
protect in perpetuity critically important wildlife habitat and watershed. In addition, the
property will provide a highly desirable trail and vista point that will connect to the planned
Bay Area Ridge Trail.
The approximate 284-acre property is located on the crest of the Santa Cruz Mountains
approximately halfway between Belmont and Half Moon Bay. It is bounded by Skyline
Boulevard and San Francisco Watershed lands to the east, lands of Peninsula Open Space
District (POST) to the south and west, Burleigh-Murray Ranch State Park to the southwest,
and private properties to the north and southeast. To the east, the property borders a small
private parcel on three sides. State Highway 92 lies approximately two and one-half miles to
the north.
The property forms the headwaters of Mills Creek, a perennial creek that flows westerly
through Burleigh-Murray Ranch State Park and to the coast. The topography of the property is
dominated by a dramatic H-shaped ridge that is highly visible from many miles away. The
east leg of the ridge system is adjacent to Skyline Boulevard and connects to the west leg by
way of a narrow spine-like ridge. The west half of the ridge system lies in the heart of the
property and is nearly encircled by the north and south tributaries of Mills Creek. Elevations
range from 1,500 feet near Skyline Boulevard to 800 feet near the southwest property comer at
the confluence of the two tributaries of Mills Creek. Portions of the ridge system near Skyline
Boulevard and in the center of the property are nearly level but drop off steeply to the two
creeks below. The average sideslope is in excess of 45
The vast majority of the property consists of steep, erodible slopes of dense coastal scrub.
Though coastal scrub is not a rare community type in California, very little of this habitat type
occurs on protected land in this region of the coast. Several very small grassland areas are
scattered within the coastal scrub. The level areas near Skyline Boulevard are disturbed and
are dominated by non-native invasive species, including Acacia, Monterey Pine, Blue Gum
Eucalyptus and French Broom. The non-native Monterey Cypress is also present but is not
R-00-103 Page 3
invasive. The two tributaries of Mills Creek are surrounded by a dense tangle of coastal scrub
vegetation and are not accessible. Red Alder, willow, sedges and ferns are present along the
creeks.
The property has diverse wildlife and serves as an important deer migration corridor,
connecting the San Francisco Watershed lands to the east with Burleigh-Murray Ranch State
Park and POST lands to the west. The property is a major crossing point for deer and other
wildlife because the area lying directly to the south of the property is developed with houses.
A mountain lion was observed near the southern boundary and several mountain lion prints
were found, indicating the high numbers of deer. Other animal species found include bobcats,
bats, coyote, woodrats, raccoons, and shrew. The Townsends Western Big Eared Bat, which
is a state species of special concern, was observed in flight at night but, because its flying
range is quite broad, it is not known where it resides. (A state species of special concern is a
species that is not considered or classified as rare, threatened or endangered. It is an
administrative, informal classification which suggests that these species be given consideration
during planning for projects.)
Bird species, including bald eagle, Swainson's hawk, golden eagle and Cooper's hawk were
also observed in flight but not located specifically on the property. Though not found on the
site, the San Francisco garter snake had been reported on adjacent private property by a
neighboring property owner. According to a February 18, 1997 letter sent to San Mateo
County from the Convent's consulting biologist, Thomas Reid and Associates, the existence of
the garter snake is not likely on the property based on a evaluation process developed by a
specialist familiar with the snake's habitat. (See attached Thomas Reid and Associates letter).
Summer steelhead trout were found on the property in the north tributary of Mills Creek
adjacent to the northern boundary and near the southern boundary in the south tributary of
Mills Creek. Summer steelhead trout are a Federally Threatened Species as of November
1997. The property offers ideal spawning areas in pools with overhanging banks and dense
vegetation. The California Department of Fish and Game is currently restoring steelhead
habitat in the reach of Mills Creek passing through Burleigh-Murray Ranch State Park, thereby
increasing access to the headwaters within the property. Protection of the steep and highly
erodible upper watershed by maintaining it in its natural condition will protect the steelhead
population.
Historically, the property and surrounding area was used for a dairy farm in the mid-to-late
1800's. A ranch house was built on the upper portion of the property near Skyline Boulevard
and the entire area was cleared and used for grazing. Remnants of a small farm shed and cabin
are located on top of the spine-like ridge and on the upper north-facing slope in the northeast
portion of the property. In the late 1930's and until the late 1960's, a hunting club used the
area for deer hunting and maintained a network of roads along the ridgetops; some of these
roads were reopened in 1997 by the current owner. The property has remained relatively
R-00-103 Page 4
undisturbed since the cessation of cattle grazing in the 1930's and grasslands have converted to
mature dense coastal scrub.
An unsurfaced access road enters the property through a triangular-shaped Caltrans right-of-
way parcel near the property's southeast corner where a gate is located. Not too far from the
entry gate there is an unsurfaced side road aligned in the southerly direction leading towards
adjacent private parcels. A little further to the west, there is a second intersection at the site of
the proposed chapel and convent buildings where a surfaced road branches off towards the
northeast boundary of the property. The main road then continues across the spine-like ridge
to the center of the property where it divides into two roads that follow the top of the central
north-south ridge. All the roads terminate on the property with the exception of the northeast
road which extends into the adjacent private parcel to the north and connects to Skyline
Boulevard. There are a number of other obscure old roads and trails on the property that are
extremely steep and overgrown.
Further description of the property can also be found in the prior staff report R-98-36, dated
March 18, 1998.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is in unincorporated San Mateo County and subject to zoning and regulations
contained in the General Plan and Local Coastal Plan. The recently revised Local Coastal Plan
establishes new limits on development, including more stringent restrictions on ridgeline
development. The majority of the property is zoned Resource Management/Coastal Zone
District (RM/CZ), while a 33.46-acre area of the site near Skyline Boulevard is zoned
Resource Management (RM). The property has three residential density credits, one of which
relates solely to the 33.46-acre parcel zoned RM. Open space use of the property is
compatible with the County's General Plan and zoning ordinances. Approximately one-third
of the property is within the Skyline Scenic Corridor and the entire property is under a
Williamson Act contract. Both designations are intended to preserve the open space qualities
of the property.
San Mateo County Trails Plan and the Bay Area Ridge Trail show the Ridge Trail Corridor in
the vicinity of the property. Consultation with representatives of the Bay Area Ridge Trail
indicate a desirable route would be located near Skyline Boulevard between State Highway 92
and Purisima Creek Redwoods Open Space Preserve. Although the property does not offer a
highly desirable route for the Ridge Trail, it does offer an opportunity for a spur trail
connecting to the Ridge Trail which would enhance the trail experience by providing unique
vista points and picnic spots. A connection to the Ridge Trail would use existing trails.
R-00-103 Page 5
Preliminary Use and Management Plan Recommendations
The Preliminary Use and Management Plan will take effect upon the District's taking
possession of the property. The Plan will maintain the preserve in its natural condition. The
property will be closed to general public use to allow for detailed resource analysis and site
planning through the Use and Management Planning Process and eventually opened for low-
intensity public hiking and trail use on the existing trail system. Maintaining the property in a
natural condition will have a beneficial effect on the site's vegetation and wildlife.
In 1996, prior to the District's conducting an assessment of the property, the Convent
contracted with Thomas Reid and Associates to conduct an environmental assessment, the
results of which stated "the project site and adjoining area does not contain threatened, rare,
endangered, or unique species." Since this study was completed, summer steelhead trout have
been found on-site and, in November 1997, were listed as a Federally Threatened Species.
The Preliminary Use and Management Plan will preserve steelhead habitat by allowing steep
roads to revegetate and stabilize and by limiting public trail access to existing trails. District's
consultants have stated that the two tributaries of Mills Creek are extremely inaccessible and no
new trails are planned on-site.
The District's consultants also observed the Townsends Western Big Eared Bat in flight over
the property but could not confirm whether it resided on-site. The consultant stated that if the
bat were to reside on-site, the farm shed and cabin could provide desirable habitat. The bat is
a state species of special concern and the Preliminary Use and Management Plan proposes
securing the small farm shed and cabin for the purpose of enhancing habitat for the bats if such
exists. Maintaining the site in its natural condition will avoid any impact on the bat if it exists
on site.
The Preliminary Use and Management Plan proposes closing and securing the site while
allowing for detailed resource analysis and site planning to occur prior to opening the site for
low-intensity public hiking trail use and possibly equestrian and/or bicycle uses as deemed
appropriate after further study. When open to the public, parking will not be provided on-site
because existing parking facilities are along roadside pullouts on Skyline Boulevard. Also,
when the Bay Area Ridge Trail is developed, additional parking will be available near the
intersection of State Highway 92 and Skyline Boulevard. The District's experience with
preserves with similar access has shown that the existing parking facilities near this property
are sufficient and will not result in traffic problems given the anticipated trail use on the
property.
Public Access: Closed to the public during the period of time needed to conduct the Use and
Management Planning Process including detailed resource analysis and site planning.
Roads: Existing unsurfaced roads will be maintained in their current condition for patrol
R-00-103 Page 6
purposes and future hiking and equestrian trail use, with the exception of steep roads that may
be susceptible to erosion which will be closed and allowed to stabilize and revegetate naturally.
i
Signs: Install "Closed Area" signs at all entry points along perimeter boundary.
Structures: Secure farm shed and remains of cabin in such a way as to enhance habitat for the
Townsends Western Big Eared Bat, if such exists.
Vegetation: Control the spread of non-native invasive plants in order to prevent a reduction in
biodiversity as recommended in the Convent's Thomas Reid and Associates environmental
assessment; only hand removal of invasive plants will be permitted.
Site Safety Inspection: Site inspection has been conducted and there are no known hazards
with the exception of the farm shed and cabin that are recommended to be secured.
Name: Name the property Mills Creek Open Space Preserve.
Dedication: Indicate your intention to dedicate the property as public open space.
CAA COMPLIANCE
Project Description
The project is located in unincorporated San Mateo County on the ridges adjacent to Skyline
Boulevard and overlooking Burleigh Murray Ranch State Park, and consists of the acquisition
of approximately 284 acres of land for public park, recreation, open space and ecological
preserve purposes, and creation of the Mills Creek Open Space Preserve, including the
concurrent adoption of a Preliminary Use and Management Plan for the Preserve, to maintain
the site in a natural condition and preserve fish and wildlife habitat. The plan states the
property will not be open to the general public until after more detailed resource studies and
site planning. The site will be managed primarily for conservation and scenic purposes.
Preserving the site in a natural condition will involve restricting eventual public use to existing
trails and allowing steep roads to revegetate and stabilize. This will preserve the habitat for the
summer steelhead trout (Federally Threatened Species). Steep roads will be closed and
allowed to revegetate naturally which will reduce erosion. The spread of non-native invasive
plants will be controlled by manual removal in order to prevent a reduction in biodiversity.
When open for public use, existing roads will be available for trail use and patrol. Parking
will not be provided on-site but visitors will be able to ark in existing roadside pull-outs and
P g
at the intersection of Skyline Boulevard and State Highway 92. Development of the property
will be prohibited, resulting in the protection of the scenic qualities of the Skyline Scenic
Corridor.
R-00-103 Page 7
CEQA Determination
The District concludes that this project is categorically exempt from CEQA (California
Environmental Quality Act) under Sections 15313, 15316, 15317, 15325 of the CEQA
Guidelines. Maintaining the site in its natural condition will have a beneficial effect on the
site's wildlife and vegetation. There is no reasonable possibility that establishment of this open
space preserve will have a significant effect on the environment. To the contrary, the very
purpose of this project is to maintain the natural condition and wildlife habitat of the site.
Section 15313 exempts the acquisition of lands for fish and wildlife conservation purposes.
The property is being acquired to preserve and protect fish and wildlife habitats, including
habitats for the Federally Threatened summer steelhead trout, mountain lion, and a variety of
other wildlife species. Summer steelhead trout have been found in Mills Creek within the
property near the north boundary and mountain lion tracks have been found in numerous
locations throughout the site. No development will occur on the property and public trail use
will not be allowed near Mills Creek in order to ensure the protection of the summer steel head
trout. The trout habitat is extremely inaccessible to any visitors because of impenetrable
terrain.
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural
condition and the management plan proposes to keep the area in a natural condition. The Use
and Management Plan specifies the land will not be developed and will be maintained in a
natural condition. New roads and trails are not proposed and existing steep roads that are
eroding will be restored to their natural condition. Invasive plants will be controlled to prevent
spreading further into the native habitat; only hand removal techniques will be used.
Herbicides and pesticides will not be used for vegetation control on roads or in controlling
invasive plants. Public access will be prohibited near creeks and summer steelhead trout
habitat.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will accept fee interest in the property and the acquisition
will be to maintain the open space character of the area and will preclude development.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. This acquisition will transfer ownership of the property to the District and ensure it will
be preserved as public open space. The property will be dedicated as public open space.
This acquisition qualifies under four sections. The actions proposed in the Preliminary Use
and Management Plan are also exempt under section 15061, as there is no possibility the
actions may have a significant effect on the environment.
R-00-103 Page 8
TERMS & CONDITIONS
On May 12, 2000, the District received a "Notice of Intent to Sell" from the Russian Convent
of Our Lady of Vladimir, Inc. for the potential sale of their approximately 284-acre property.
This notice was given in accordance with the recorded Right of First Refusal between the
Convent and the District. The District's Right of First Refusal provides for the purchase of the
Convent property in the event a bona fide purchase offer is received by the Convent from a
third party. The Right of First Refusal further provides that if the District receives a Notice of
Intent to Sell, the District would then have 15 days from receipt of additional notice that the
Convent has accepted a bona fide offer from a third party to purchase the property, to decide
whether to exercise its Right of First Refusal by matching the amount of the purchase offer to
acquire the property. On June 26, 2000, the Convent listed their property for sale on the open
real estate market at a sales price of$2,840,000, or $10,000 per acre.
On July 14, 2000, the District received a "Notice of Receipt of Bona Fide Offer from a Third
Party to Purchase Property," which was accepted by the Convent at a purchase price of
$3,500,000. The third party purchase offer includes a $100,000 cash deposit with the balance
of the purchase price being paid on an all cash basis at the close of escrow. Representatives
for the Convent stated that multiple offers were received, all of which were at or above the
listed sales price of$2,840,000, and three of these offers were in excess of$3,000,000. After
appropriate inquiry and examination, District staff is satisfied that the Convent's accepted
purchase offer is from a bona fide third party buyer.
The accepted purchase price of$3,500,000 is considered to be within the range of the fair
market value for the subject property. The property consists of three legal building sites under
the current zoning requirements of San Mateo County (two within the Coastal Zone [RM-CZ]
and one within Resource Management [RM]). The purchase price equates to approximately
$1,166,667 per building site, or approximately $12,324 per acre.
As indicated by the multiple purchase offers above list price received by the Convent, the
current real estate market reflects high activity and strong demand for vacant land in this
region. It is staff s opinion based upon analysis of recent real estate market activity in the area
that $3,500,000 represents a fair market value for the subject property.
This property continues to be one of the more critical parcels of land within the District
boundaries available for open space preservation. Therefore, staff recommends that the
District exercise its Right of First Refusal and approve acquisition of this property for
$3,500,000. The attached proposed Land Purchase Agreement between the Convent and
District requires a cash deposit of$100,000 into escrow, while paying the balance of the
purchase price on an all cash basis, thereby matching the financial terms of the third party
offer accepted by the Convent on July 14, 2000. The District's Right of First Refusal further
requires that the District complete the purchase within 60 days from exercising its right to
purchase. Staff recommends a close of escrow date of September 15, 2000.
R-00-103 Page 9
BUDGET CONSIDERATIONS
2000/2001 Budget for Land Acquisition
New Land $20,000,000
Land Acquisitions Approved so far this year (5,428,800)
Proposed Russian Convent purchase (3.500.000)
Acquisition Budget Remaining $11.071.200
Controller M. Foster has been consulted on this proposed acquisition, and indicated that,
considering cash flow and availability, funds are available for this property purchase. This
parcel was identified as an important acquisition in order to create the Mills Creek Open Space
Preserve for protection of watershed, wildlife habitat, and scenic qualities.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been
mailed written notices of this proposed acquisition. In addition, members of the public who
had been previously interested in actions by the District regarding the subject property have
also been notified. Convent representatives have also received notice.
Prepared by:
Michael C. Williams, Real Property Representative
Del Woods, Senior Acquisition Planner
Map Prepared by:
Ana Ruiz, Planning Technician
Contact person:
Michael C. Williams, Real Property Representative
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT AUTHORIZING THE EXERCISE OF THE
RIGHT OF FIRST REFUSAL AND APPROVAL OF
OFFER AND LAND PURCHASE AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO
DISTRICT, AUTHORIZING THE PRESIDENT OF THE
BOARD, GENERAL MANAGER, OR OTHER
APPROPRIATE OFFICER TO EXECUTE ANY AND
ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION
(MILLS CREEK OPEN SPACE PRESERVE - LANDS
OF RUSSIAN CONVENT OF OUR LADY OF
VLADIMIR, INC.)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does
hereby exercise its Right of First Refusal to purchase the real property, owned by the Russian
Convent of Our Lady of Vladimir, Inc., consisting of approximately 284 acres, located on
Skyline Boulevard, San Mateo County, California, pursuant to the Right of First Refusal dated
June 24, 1998 by and between Midpeninsula Regional Open Space District and the Russian
Convent of Our Lady of Vladimir, Inc., and recorded in the Office of the San Mateo County
Recorder on September 15, 1998 as Document No. 98-148570.
Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does
hereby offer to purchase said property on the same financial terms and conditions as set forth
in the Land Purchase Agreement executed by the Russian Convent of Our Lady of Vladimir,
Inc. and Farid and Cheryl Dibachi, Trustees for the Dibachi Hebert Family 1997 Trust, on or
about July 14, 2000, and authorizes a cash deposit in the amount of$100,000 matching the
amount of the deposit set out in said Land Purchase Agreement.
Section Three. The Board of Directors of the Midpeninsula Regional Open Space District
does hereby approve the offer contained in that certain Land Purchase Agreement between the
Russian Convent of Our Lady of Vladimir, Inc. and the Midpeninsula Regional Open Space
District, a copy of which is attached hereto and by reference made a part hereof, and
authorizes the President or appropriate officers to execute the Agreement on behalf of the
District.
Section 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.
Section Five. The General Manager of the District shall cause to be given appropriate notice
of acceptance to Seller. The General Manager is further authorized to execute any and all
other documents necessary or appropriate to the exercise of the Right of First Refusal and
completion of the transaction.
Section Six. The General Manager of the District is authorized to expend up to $25,000 to
cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this
transaction.
Section Seven. The General Manager and Board President, subject to the approval of the
General Counsel, are further authorized to approve revisions to the attached Agreement which
are necessary or appropriate to the closing or implementation of this transaction.
Section Eight. It is intended, reasonably expected, and hereby authorized that the District's
general fund will be reimbursed in the amount of$3,500,000 from the proceeds of the next
long-term District note issue. This Section of this Resolution is adopted by the Board of
Directors of Midpeninsula Regional Open Space District solely for purposes of establishing
compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The
reimbursement of this payment expenditure is consistent with the District's budgetary and
financial circumstances. There are no funds or sources of moneys of the District that have
been, or are reasonably expected to be, reserved or allocated on a long-term basis, or
otherwise set aside to pay the costs of this open space land acquisition project which are to be
paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of
Directors hereby declares the District's official intent to use proceeds of indebtedness to
reimburse itself for this open space land acquisition project expenditure.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
w- 0 1 .2 .3 .4 .5 .6 .7 .8 .9 1.0
1 Mile
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35
EXHIBIT A: REGIONAL MAP
NCR(No Caro"Regw.d) LAND PURCHASE AGREEMENT
DEFINITIONS
BROKER includes cooperating brokers and all sales persons. DAYS means calendar days, midnight to midnight, unless otherwise
specified. BUSINESS DAY excludes Saturdays, Sundays and legal holidays. DATE OF ACCEPTANCE means the date Seller accepts
the offer or the Buyer accepts the counter offer. DELIVERED means personally delivered, transmitted by facsimile machine, by a
nationally recognized overnight courier,or by deposit in the U.S. Mail, postage prepaid. In the event of mailing,the document will
be deemed delivered three (3) business days after deposit; in the event of overnight courier, one (1) business day after deposit;
and if by facsimile, at time of transmission provided that a transmission report is generated and retained by the sender reflecting
the accurate transmission of the document. Unless otherwise provided in this Agreement or by law,delivery to the agent will con-
stitute delivery to the principal. DATE OF CLOSING means the date title is transferred. TERMINATING THE AGREEMENT means
that both parties are relieved of their obligations and all deposits will be returned to Buyer less expenses incurred by or on
account of Buyer to date of termination.PROPERTY means the real property and any personal property included in the sale.
AGENCY RELATIONSHIP CONFIRMATION. The following agency relationship is hereby confirmed for this transaction and supersedes any
prior agency election:
LISTING AGENT. West & Praszker is the Agent of(check one): Russian Convent of Our Lady of
(Prim Firm NsmN Vladimir, Inc., hereinafter designated
®the Seller exclusively;or O both the Buyer and Seller. as Jel 1 er.
SELLING AGENT: (if not the same as the Listing Agent)is the Agent of(check one):
(Pnn(Firm Namel
=the Buyer exclusively;or=the Seller exclusively;or=both the Buyer and Seller.
Note:This confirmation DOES NOT take the place of the AGENCY DISCLOSURE form(P.P.Form 110.42 CAL)required by law.
The Midpeninsula Regional Open Space District, a public district established pursuant to Article 3 of Chapter 3
of Division 5 of the California Public Resources ode
hereinafter designated as BUYER,offers to purchase the real property situated in Woodside
County of San Mateo , California, consisting of approximately 284 ® acres, O sq. ft., com-
monly known as APN 067-310-110
FOR THE PURCHASE PRICE of$3,500 000.00 ( Three Mi 11 ion Five Hundred Thousand and no one-hundredths dollars),
on the following terms and conditions:
1. FINANCIAL TERMS.
A. S 100,000.00 DEPOSIT evidenced by ® check, = other: held uncashed until acceptance and not later
than three(3)business days thereafter deposited toward the purchase price with:Old Republic Title Co.
B. S 0.00 ADDITIONAL CASH DEPOSIT to be placed in escrow 0 within days of acceptance, O upon
removal of all conditions.
C. $ 3,400.000.00 BALANCE OF CASH PAYMENT needed to close,not including closing costs.
D. S 0.00 BONDS OR ASSESSMENTS of record if assumed by Buyer.
E. S 0.00 OTHER FINANCING TERMS:
F. $ 3,500,000.00 TOTAL PURCHASE PRICE(not including closing costs).
2. EXAMINATION OF TITLE. In addition to any encumbrances assumed or taken "subject to," Seller will convey title to the property
subject only to: [11 real estate taxes not yet due;and 121 covenants,conditions,restrictions,rights of way and easements of record,
if any,which do not materially affect the value or intended use of the property.
Within three(3)days after acceptance,Buyer will order a Preliminary Title Report and copies of CC&Rs and other documents
of record if applicable.Within five(5)days after receipt,Buyer will report to Seller in writing any valid objections to title contained
in such report (other than monetary liens to be paid upon close of escrow). If Buyer objects to any exceptions to the title, Seller
will use due diligence to remove such exceptions at his or her own expense before close of escrow. If such exceptions cannot be
removed before close of escrow, this Agreement will terminate, unless Buyer elects to purchase the property subject to such
exceptions. If Seller concludes he or she is in good faith unable to remove such objections,Seller will notify Buyer within ten (10)
days after receipt of said objections.In that event Buyer may terminate this Agreement.
3. OPTIONAL CONDITIONS. Provisions 3-A through 3-G,if initialed below by Buyer,are included in this Agreement:
[_1 A. SOIL TESTS. Upon acceptance of this Agreement, Buyer will have the right to go on the property to conduct soil tests,
including percolation tests,to ascertain whether the property is suitable for the improvements which Buyer proposes
to make. All expenses of such tests will be borne by the = Buyer, O Seller. Buyer will be responsible for the
repair and restoration of any damage to the property which may be caused by such tests. If in the reasonable opinion
of the soils engineer, employed by Buyer, the property is not suitable for the proposed development, Buyer may ter-
minate this Agreement.It is not intended that the soils tests will include tests for toxic contamination unless otherwise
agreed in writing by the parties. Buyer will approve or disapprove the results of the tests in writing within
days of acceptance.
Buyer[-I[_1 and Seller[_1( )have read this page.
CAUTION:The copyright laws of the United States forbid the unauthorized reproduction of this form by any means including scanning or computerized formats.
Page t of 5 pages fRRSS10NA L
PR O
FORM 101-LA.1 CAL(11.99) COPYRIGHT(D 1993-99 BY PROFESSIONAL PUBLISHING,365 BEL MARIN KEYS BLVD.,SUITE 100.NOVATO.CA 94949 (4151964.2164 ®PUBLISHING
i
Property Address A"I 067-310-110 Skyline Boulevard San Mateo Countv California
( 1 B. SURVEY. Upon acceptance of this Agreement, the property will be surveyed by a licensed surveyor at the expense of
the = Buyer, = Seller. The surveyor will set and flag all property lines,to be approved in writing by Buyer prior
to close of escrow.
( 1 C. PRICE BASED ON AREA. The purchase price is based upon per acre, = per square foot, and
=will, 0 will not be adjusted in accordance with the area set forth in the survey under Provision 3-B.
[—I D. GEOLOGICAL REPORT. Upon acceptance of this Agreement, Buyer will have the right to obtain a geological report
from a registered geologist at the expense of = Buyer = Seller. Buyer will be deemed to have approved said
report unless written notice to the contrary is delivered to Seller or his or her Broker within days of accep-
tance.In the event of disapproval, Buyer may terminate this Agreement.
( 1 E. WELL REPORT. Upon acceptance of this Agreement, Buyer will obtain a well report from a licensed well drilling con-
tractor at the expense of = Buyer, 0 Seller. Buyer will approve or disapprove the results of the tests in writing
within days of acceptance. In the event of disapproval, Buyer may terminate this Agreement.
( 1 F. CERTIFICATE OF COMPLIANCE.This offer is conditioned upon obtaining a Conditional Certificate of Compliance from
, at the expense of 0 Buyer= Seller within days of acceptance.
(Under Government Code §66499.35, a buyer or seller may apply to the local agency for a certificate that all of the
subdivision laws applicable to the lot have been satisfied.)
[—I G. TAX DEFERRED EXCHANGE (INVESTMENT PROPERTY). In the event Seller wishes to enter into a tax deferred
exchange for the property, or Buyer wishes to enter into a tax deferred exchange with respect to property owned by
him or her in connection with this transaction,each of the parties agrees to cooperate with the other party in connec-
tion with such exchange, including the execution of such documents as may be reasonably necessary to complete the
exchange, provided that: (a) the other party will not be obligated to delay the closing; (b) all additional costs in con-
nection with the exchange will be borne by the party requesting the exchange;(c)the other party will not be obligated
to execute any note, contract, deed or other document providing for any personal liability which would survive the
exchange; and (d) the other party will not take title to any property other than the property described in this
Agreement. The other party will be indemnified and held harmless against any liability which arises or is claimed to
have arisen on account of the exchange.
4. BONDS AND ASSESSMENTS. All bonds and assessments which are part of or paid with the property tax bill will be assumed by
the Buyer. In the event there are other bonds or assessments which have an outstanding principal balance and are a lien upon the
property, the current installment will be prorated between Buyer and Seller as of the date of closing. Future installments will be
assumed by Buyer WITHOUT CREDIT toward the purchase price, EXCEPT AS FOLLOWS:
This Agreement is conditioned upon both parties verifying and approving in writing the amount of any bond or assessment to be
assumed or paid within ten (10) days after receipt of the preliminary title report. In the event of disapproval, the disapproving
party may terminate this Agreement.
S. EVIDENCE OF TITLE, in the form of a CLTA or ALTA policy of Title Insurance,issued by Old Re ubl i c Ti tl e Company
Paid by—Buyer . NOTE: In addition to coverage under a CLTA policy, the ALTA policy may offer additional cover-
age for a number of unrecorded matters. Buyer should discuss the choice of a CLTA or ALTA policy with the title company of his or
her choice at the time escrow is opened.
6.VESTED TITLE. The manner of taking title may have significant legal and tax consequences. Buyer should obtain advice from his
or her legal or tax counsel regarding this matter.
7.
8. DEFAULT—LIQUIDATED DAMAGES.
If Buyer fails to complete the purchase of the property because of a default by Buyer, Seller may pursue any
remedy in law or equity that it may have against Buyer on account of the default; provided, however, that by
placing their initials in the spaces below,
( 1[—I Buyer agrees [ )( 1 Buyer does not agree
( 1( 1 Seller agrees ( )( 1 Seller does not agree
that:
a• $ . an amount not to exceed the money deposited by Buyer under this contract, will consti-
tute liquidated damages payable to Seller if Buyer fails to complete the purchase of the property because
of a default by Buyer.
b. The payment of such liquidated damages to Seller will constitute the exclusive remedy of Seller on
account of any default by Buyer.
c. Liquidated damages will be payable to Seller out of Buyers deposits toward purchase of the property
according to the following procedures:
(1) The Seller will give written notice ("Seller's notice and demand"), in the manner prescribed by
Buyer[ 1 I 1 and Seller[ 1[ 1 have read this page.
CAUTION:The copyright laws of the United States forbid the unauthorized reproduction of this form by any means including scanning or computerized formats.
Page 2 of 5 pages '...
FORM 101-LAI CAL(11.99) COPYRIGHT 0IM-99 BY PROFESSIONAL PUBLISHING,365 BEL MARIN KEYS BLVD.,SUITE 100,NOVATO,CA 94949 I415)664-2164 PROFESSIONAL
PUBLISHING
Property Address AAP1 067_310-110 Skyline Soul v rd I'la VV
§116.340 of the Code of Civil Procedure for service in a small claims action, to escrow holder and to
Buyer that Buyer is in default under this Agreement and that Seller is demanding that the escrow
holder remit the aforesaid amount from the deposits to Seller as liquidated damages unless, within
twenty (20) days, Buyer gives the escrow holder Buyer's written objection to disbursement of said
deposits as liquidated damages ("Buyer's objection").
(2) Buyer will have a period of 20 days from the date of receipt of Seller's notice and demand in which to
give the escrow holder Buyer's objection.
(3) If Buyer fails to give the escrow holder Buyer's objection within 20 days from the date of receipt of
Seller's notice and demand: (a) escrow holder will promptly remit the amount demanded to Seller;
and (b) Seller is released from any obligation to sell the property to Buyer.
(4) If Buyer gives escrow holder Buyer's objection within 20 days from the date of receipt of Seller's
notice and demand,then the determination as to whether Seller is entitled to the disbursement of the
deposits as liquidated damages, and every other cause of action that has arisen between Buyer and
Seller under this Agreement, will be settled by arbitration in accordance with the provisions of Item
11,ARBITRATION OF DISPUTES.
(5) If the determination as to whether Seller is entitled to disbursement of the deposit as liquidated dam-
ages is referred to arbitration, any fee to initiate arbitration will be paid by Seller, but the cost of arbi-
tration will ultimately be borne as determined by the arbitrator.
9. DEFAULT. In the event Buyer defaults in the performance of this Agreement (unless Buyer and Seller have agreed to liquidated
damages), Seller may, subject to any rights of the Broker, retain Buyer's deposit to the extent of damages sustained and may take
such actions as he or she deems appropriate to collect such additional damages as may have been actually sustained. Buyer will
have the right to take such action as he or she deems appropriate to recover such portion of the deposit as may be allowed by
law. In the event that Buyer defaults (unless Buyer and Seller have agreed to liquidated damages) Buyer agrees to pay the
Broker(s)any commission that would be payable by Seller in the absence of such default.
10. MEDIATION OF DISPUTES. If a dispute arises out of or relates to this Agreement or its breach, by initialing in the "agree" spaces
below the parties agree to first try in good faith to settle the dispute by voluntary mediation before resorting to court action or
arbitration, unless the dispute is a matter excluded under Item 11—ARBITRATION.
[ 1 X_] Buyer agrees ( ) [—I Buyer does not agree
( 1 ( X ] Seller agrees [ 1[- l Seller does not agree
11. ARBITRATION OF DISPUTES.Any dispute or claim in law or equity arising out of this Agreement will be decided by neutral bind-
ing arbitration in accordance with the California Arbitration Act(C.C.P. §1280 et seq.),and not by court action except as provided
by California law for judicial review of arbitration proceedings. Judgment upon the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction.The parties will have the right to discovery in accordance with Code of Civil Procedure
§1283.05.
The parties agree that the following procedure will govern the making of the award by the arbitrator: (a) a Tentative Award
will be made by the arbitrator within 30 days following submission of the matter to the arbitrator; (b) the Tentative Award will
explain the factual and legal basis for the arbitrator's decision as to each of the controverted issues;
principal , (c) the Tentative
Award will be in writing unless the parties agree otherwise;provided, however,that if the hearing is concluded within one day,
the Tentative Award may be made orally at the hearing in the presence of the parties. Within 15 days after the Tentative Award
has been served or announced,any party may serve objections to the Tentative Award. Upon objections being timely served,the
arbitrator may call for additional evidence, oral or written argument, or both. If no objections are filed,the Tentative Award will
become final without further action b the parties or arbitrator. Within 30 da s after the filing
Y PY of objections the arbitrator will
9 f
either make the Tentative Award final or modify or correct the Tentative Award,which will then become final as modified or cor-
rected.
The provisions of C.C.P. §128.5 authorizing the imposition of sanctions as a result of bad faith actions or tactics will apply to
the arbitration proceedings.A prevailing party will also be entitled to an action for malicious prosecution if the elements of such
cause of action
o are met.
The following g matters are excluded fro
m arbitration:(a)a judicial or non-judicial foreclosure or other action or proceeding to
enforce a deed of trust,mortgage,or real property sales contract as defined in Civil Code §2985; (b) an unlawful detainer action;
c the filing r O o enforcement of a mechanic's lien• d an matter
9t ) tte which is within the jurisdiction of a Y f probate court or small
claims court;or(a) an action for bodily injury or wrongful death,or for latent or patent defects to which Code of Civil Procedure
§337.1 or §337.15 applies.The filing of a judicial action to enable the recording of a notice of pending action,for order of attach-
ment, receivership,injunction,or other provisional remedies,will not constitute a waiver of the right to arbitrate under this pro-
vision.
NOTICE: B initialing in the space below you are giving u our judicial rights
Y 9 P Y 9 9 P Y ] g to discovery and appeal,
unless those rights are specifically included in the "Arbitration of Disputes" provision. If you refuse to submit
to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the
California Code of Civil Procedure. Your agreement to this arbitration provision is voluntary.
We have read and understand the foregoing and agree to submit disputes arising out Of the matters
included in the "Arbitration of Disputes" provision to neutral arbitration.
t ]t ]Buyer agrees ( ][—I Buyer does not agree
[ ][—I Seller agrees ( ]( )Seller does not agree
12. ATTORNEY FEES. In any action or proceeding involving a dispute between Buyer and Seller arising out of the execution of this
Agreement or the sale,whether for tort or for breach of contract,and whether or not brought to trial or final judgment,the prevail-
ing party will be entitled to receive from the other party a reasonable attorney.fee to be determined by the court or arbitrator(s).
Buyer[-11-1 and Seller 1-11-1 have read this page.
CAUTION:The copyright laws of the United States forbid the unauthorized reproduction of this form by any means including scanning or computerized formats.
Page 3 of 5 pages PROFESSIONAL
FORM 101-LA.3 CAL(11.99) COPYRIGHT D 1993 "BY PROFESSIONAL PUBLISHING,314 9EL MARIN KEYS BLVD..SUITE 100,NOVATO.CA 94949 (IISI r81-216A ®PUBLISHING
Property Address APN 067-310-110 Skyline Boulevard, San Mateo County, California
13. ADDENDA.The following addenda are attached and made a part of this Agreement:
Form 101-LA.11,ADDENDUM TO LAND PURCHASE AGREEMENT(Subordination,Partial Reconveyances)
0 Form 110.90-92 CAL,STANDARD DISCLOSURES AND DISCLAIMERS
H-71 OTHER: West & Praszker Disclosure Statement dated 7/12/2000
14. CLOSING. Full purchase price to be paid and deed to be recorded F571 on or before 9/15/2000 ,or O within days
of acceptance. Both parties will deposit with an authorized escrow holder,to be selected by Buyer,all funds and instruments nec-
essary to complete the sale in accordance with the terms of this Agreement. = Where customary, signed escrow instructions
will be delivered to escrow holder within 20 days of acceptance. ESCROW FEE to be paid by Buyer . County/City
TRANSFER TAXIES),if any,to be paid by Seller
THIS PURCHASE AGREEMENT TOGETHER WITH ANY ADDENDA WILL CONSTITUTE JOINT ESCROW INSTRUCTIONS TO THE
ESCROW HOLDER.
15. SURVIVAL.The omission from escrow instructions of any provision in this Agreement will not waive the right of any party.All rep-
resentations or warranties will survive the close of escrow.
on EIF befefe(date) `time; 9; '8.14--„�9;;Q-PIFA-
17. COUNTERPARTS.This Agreement may be executed in one or more counterparts,each of which is deemed to be an original.
18. TIME.Time is of the essence of this Agreement;provided,however,that if either party fails to comply with any contingency in this
Agreement within the time limit specified, this Agreement will not terminate until the other party delivers written notice to the
defaulting party requiring compliance within 24 hours after receipt of notice. If the party receiving the notice fails to comply within
the 24 hours,the non-defaulting party may terminate this Agreement without further notice.
19. CONDITIONS SATISFIED/WAIVED IN WRITING. Each condition or contingency,covenant,approval or disapproval will be satisfied
according to its terms or waived by written notice delivered to the other party or his or her Broker.
20. ENTIRE AGREEMENT/ASSIGNMENT PROHIBITED.This document contains the entire agreement of the parties and supersedes all
prior agreements or representations with respect to the property which are not expressly set forth.This Agreement may be modi-
fied only in writing signed and dated by both parties. Both parties acknowledge that they have not relied on any statements of
the real estate Agent or Broker which are not expressed in this Agreement. Buyer may not assign any right under this agreement
without the prior written consent of Seller.Any such assignment will be void and unenforceable.
21. ADDITIONAL TERMS AND CONDITIONS. (a) This offer and acceptance is entered into pursuant to the terms of the
Right of First Refusal dated June 24, 1998, by and between the tlidpeninsula Regional Open Space District and the
Russian Convent of Our Lady of Vladimir, Inc. , and recorded in the Office of the San Mateo County Recorder on
September 15, 1998 as Document Np. 98-148570. By executing this offer and acceptance, the parties have agreed
to implement the terms of said Riqht of First Refusal and Buyer has aoreed to purchase, and Seller has aoreed
to sell to Buyer, the property on the terms and conditions set forth in this Land Purchase Agreement.
(b) The property is to be sold in an "as-is" condition. Buyer acknowledges that Seller purchased the Property
in 1996, has never occupied the Property, and has no first hand knowledge of conditions on the Property. Buyer
is relyinn solely on its own inspection of the Property.
(c) This property is subject to a Williamson Act contract.
Both parties acknowledge that they have not relied on any statements of the real estate Agent or Broker which are not expressed
in this Agreement.
LIMITATION OF AGENCY. A real estate broker or agent is qualified to advise on real estate. If you have any questions concerning the
legal sufficiency,legal effect,insurance,or tax consequences of this document or the related transactions,consult with your attorney,
accountant,or insurance broker.
The undersigned Buyer acknowledges that he or she has thoroughly read and approved each of the provisions contained herein and agrees to
purchase the property for the price and on the terms and conditions specified.Buyer acknowledges receipt of a copy of this Offer.
Buyer Date Time
By: Kenneth C. Nitz, President, Board of Directors
Buyer Midpeninsula Regional Open Space District Date Time
Seller[—I( )has read this page.
CAUTION:The copyright laws of the United States forbid the unauthorized reproduction of this form by any means including scanning or computerized formats.
Page 4 of 5 pages PROFESSIONAL
FORM 101-LA.4 CAL(11-99) COPYRIGHT 2?1993-99 BY PROFESSIONAL PUBLISHING,365 BEL MARIN KEYS BLVD.,SUITE 100.NOVATO,CA 94949 (415)884.2164 ®PUBLISHING
Property Address 4PP1 067-310-110 Skyline Boulevard, San Mateo County, Cal
ifornia
ACCEPTANCE
Seller accepts the above Offer and agrees to sell the property for the price and on the terms and conditions specified.
NOTICE: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be
negotiable between the Seller and Broker.
22. COMMISSION. Seller agrees to pay in cash the following real estate commission for services rendered, which commission Seller
hereby irrevocably assigns to Broker(s)from escrow:
d %of the accepted price,or$ ,to the listing Broker: West & Praszker Realtors, Inc. and
f h accepted rice or to the sellingBroker:
/eo the $ ,
p P
without regard to the agency relationship.Escrow instructions with respect to commissions may not be amended or revoked with-
out the written consent of the Broker(s).
If Seller receives liquidated or other damages upon default by Buyer, Seller agrees to pay Broker(s)the lesser of the amount
provided for above or one half of the damages after deducting any costs of collection including reasonable attorney fees.
Commission will also be payable upon any default by Seller,or the mutual rescission by Buyer and Seller without the written
consent of the Broker(s),which prevents completion of the purchase.This Agreement will not limit the rights of Broker and Seller
provided for in any existing listing agreement.
In any action for commission the prevailing party will be entitled to reasonable attorney fees, whether or not the action is
brought to trial or final judgment.
23. PROVISIONS TO BE INITIALED. The following items must be "agreed to" by bath parties to be binding on either party. In the
event of disagreement,Seller should make a counter offer:
Item 8.LIQUIDATED DAMAGES; Item 10.MEDIATION OF DISPUTES; Item 11.ARBITRATION OF DISPUTES.
Seller acknowledges receipt of a copy of this Agreement.Authorization is hereby given the Broker(s) in this transaction to deliver a
signed copy to Buyer and to disclose the terms of purchase to members of a Multiple listing Service,Board or Association of REAL-
TORS•at close of escrow.
24. IF CHECKED=ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER DATED
Seller Date Time
(Signature)
Seller Russian-Convent of Our Lady of Vladimir, Inc_
(Please Print Name)
Seller Date Time
iSggnature)
Seller
(Please Print Name)
Rev.by
Date
CAUTION:The copyright laws of the United States forbid the unauthorized reproduction of this form by any means including scanning or computerized formats.
Page 5 of 5 PROPESSIONAL
FORM 101-t.A.5 CAL(11.99) COPYRIGHT®194t-119 BY PROFESSIONAL PUBLISHING,365 BEL MARiN KEYS BLVD_SUITE 100,NOVATO.CA 94949 (115)9M1.2181 191PUBLISHING
Regional Open � � ace
-- - -. ,.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-91
Meeting 00-21
July 26, 2000
AGENDA ITEM 2
AGENDA ITEM
Approval of License Agreement for Big Creek Lumber 'mpany�o Cross Over District-Owned Land
at Bear Creek Redwoods 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. Authorize the General Manager to execute the License Agreement with Big Creek Lumber
Company for access at Bear Creek Redwoods Open Space Preserve.
DISCUSSION
In June 1999, the District acquired the 260-acre "Lower" property 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 Company (Big
Creek) purchased a limited right to harvest timber on the Upper property and a small portion on the
Lower property. As of May 31, 2000 the District received title to all residual timber rights on the
Upper and Lower property not owned by Big Creek. At the time of the acquisition, Big Creek already
had an existing Timber Harvest Plan (THP) approved for the Dyer Creek Unit (approximately 125
acres) on the Upper property, which was completed in the fall of 1999 (see attached map).
mi W Creek, Aldercroft Creek and Collins
In April of this year, Big Creek submitted a THP for the ebb C ee ,
Creek drainages located on the Upper parcel. The California Department of Forestry and Fire
Protection (CDF) recently approved Big Creeks THP and as a result, timber harvest activities will
begin before the end of July. Big Creek expects all timber harvest operations to be completed b the
g Y g P P P Y
end of 2001. The planned timber harvest for this year encompasses both the upper reaches of Webb
Creek and Aldercroft Creek and will begin with timber falling for the first 2 to 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 the California
Department of Forestry (CDF). In conjunction with timber falling during the winter, skyline cable
yarding (removal of logs by cable where terrain makes road access impossible) will also continue. This
is not expected to have any impact on the Preserve road system due to regulations limiting vehicular
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX: 650-691-0485 . E-mail:mrosduopenspace.org Web site:www.openspice.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-0 -9 Page 2
0 1 g
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, and as required by
CDF.
District and Peninsula Open Space Trust (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 any concerns. Big Creek has agreed to take aesthetics
into account, due to the fact that this is an Open Space Preserve that will be open to the public on a
limited permit basis sometime after completion of timber harvest activities, and ultimately, after proper
planning, will be open to the public 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 use 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. A number of improvements to
the road system, which were not already covered in the THP, were agreed to by Big Creek including:
installation of two large culverts (work done under THP permit), grading and waterbarring of the haul
road on District property, and performance of routine maintenance of the haul road for the duration of
the License Agreement.
A number of improvements to the Preserve that will be made under the THP are as follows:
• Failing culverts on the Upper property 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 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
Additionally, under the License Agreement, Big Creek will:
• replace two large culverts (60+in.) on Webb Creek and Collins Creek
• grade and water bar the haul route outside of the THP area
• perform routine maintenance for the duration of the License Agreement
During timber harvest activities, the Preserve will remain closed to the public on weekdays; however,
the Lower 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 BC04, where permit hiking will be staged.
The Preserve will be open to permitted hiking and equestrian use only (however, there currently is no
equestrian parking). The public will be directed to the Lower property through a signage program.
Following the completion of timber harvest activities and the master planning process, the entire
Preserve will be open to the public as approved by the Board after appropriate public meetings.
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:
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 minor alterations in the condition of land. The placement of culverts,
installation of waterbars and grading activities fall within this category.
Prepared by:
Dennis Dart, Planning Technician
Matt Freeman, Open Space Planner II
Duncan Simmons, Attorney
Contact person:
Dennis Dart, Planning Technician
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Regional Open . jce
1
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-21
July 26, 2000
AGENDA ITEM 3
AGENDA ITEM
Proposed Addition of Silva Property to the Skyline Rid 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 authorizing purchase of the Silva property.
3. Tentatively adopt the Amended Use and Management Plan recommendations contained in this
report, including naming the property as an addition to the Skyline Ridge Open Space Preserve.
4. Indicate your intention to dedicate the property as public open space at this time.
DESCRIPTION (see attached map,
The 136-acre Silva property is part of a larger 233.5-acre landholding that is located adjacent to the
Skyline Ridge and Russian Ridge Open Space Preserves on the west side of Skyline Boulevard.
Overlooking Portola Redwoods State Park, the property is divided by Alpine Road, with the westerly
93.5-acre portion being retained by the sellers, but with a right of first refusal being acquired by the
District.
The 136-acre parcel, lying on the east side of Alpine Road, is comprised of open grassland ridges that
extend into the preserve both to the north and south, making this property extremely important in terms
of protecting scenic resources. Equally important is the eastern portion of the property where Lambert
Creek and the historic Page Mill Trail are located. Although only a short section of Page Mill Trail
crosses through the Silva property, it represents the last privately owned trail section between Skyline
Boulevard and Portola Redwoods State Park. The section of trail between the Silva property and the
State Park passes through the Big Dipper Ranch in which the District owns the majority interest.
Acquisition of the Silva property will preserve the scenic qualities of the grassland ridge, protect
valuable wildlife and riparian habitat, and provide an opportunity to establish a regional trail along Page
Mill Trail between Skyline Ridge Open Space Preserve and Portola Redwoods State Park.
Situated along Alpine Road approximately one mile south of Skyline Boulevard, the irregularly shaped
property is bounded by District land to the north, east and south (District partial interest), and Alpine
Road to the west. Alpine Road borders the property for a distance of three-fourths of a mile. The
portion of the property to be retained by the Silva family lies to the west across Alpine Road. The
northernmost portion of the property, representing approximately 10 acres, is nearly separated from the
central portion of the property by a narrow strip of land bounded by Alpine Road and Skyline Ridge
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 n
Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton
I
R-00-97 Page 2
Open Space Preserve. The northeast corner is in close proximity to a driveway that passes through he
District's preserve and leads to a 10-acre private lease inholding that was formerly the Bach property.
The southern boundary is formed by the Big Dipper Ranch in which the District owns a 55% interest.
Outside of the steep forested slopes on the eastern edge of the property, open grassland extends across
the majority of the site. A prominent ridge descends from the northern boundary and splits in two near
the north-central portion of the property; the two ridges extend southward into the Big Dipper Ranch.
Cattle grazing has historically occurred in the grassland areas, and most likely helps maintain the open
character of the ridges. The grassland is in good condition with the exception of Yellow Star Thistle
spreading from the District's preserve across the northeast boundary, and sporadic signs of Italian
Thistle in areas where cattle congregate. Generally, the terrain is moderate to steep, but there are
gently sloping hilltops near Alpine Road and near the southeast boundary. Minor cases of landsliding
are apparent throughout the property. One unusually level area is located at the end of the ranch road
overlooking Lambert Creek.
On the east side of the property the grassland abruptly ends and the east-facing slopes descend steeply
towards Lambert Creek and the Page Mill Trail. The steep terrain supports a dense, mixed evergreen
forest that transitions from oaks, bay laurel, and Douglas fir to redwoods near the canyon bottom. The
moist riparian corridor along Lambert Creek, a year-round creek that is an important water source for a
wide variety of wildlife, also provides pools that may be ideal for spawning by the federally threatened
steelhead trout. In addition to the Lambert Creek canyon, a number of other densely wooded ravines
extend in the north-south direction along the boundary with Big Dipper Ranch. These ravines, some of
which have year-round water from natural springs located on the property, are largely comprised of
oak, bay laurel, madrone, and young Douglas fir. They too support a wide variety of wildlife,
including mountain lion, bobcat, coyote, and deer.
The property has been continually grazed since the 1920's, and there are numerous signs of abandoned
farm equipment scattered throughout the site. The grazing activity has been managed by the Silva's
caretaker, who still lives on the property in a two bedroom home located in the western portion of the
site where there is also a garage, barn, and shed. The home is reached by an unpaved ranch road,
crossing the property in the west-to-east direction from Alpine Road towards the southeast boundary.
Near the end of the road, the remnants of an old path extend east down the steep slope to Lambert
Creek and Page Mill Trail. Page Mill Trail is densely overgrown.
To the east of the residence, a second, unpaved road extends in a southeasterly direction from the main
ranch road, passing by a stock pond and cattle barn, then turning north and connecting back to the main
ranch road. Near the beginning of this road there is a remnant of a shed and large stockpile of old farm
equipment and materials, including four steel containers of which three seem to contain oil products. A
short distance from here, at the creek crossing, there is a small dumpsite that contains household
garbage. A small stock and that is nearly full from sedimentation, a camper shell on top of a trailer,
and an open-sided barn used for cattle birthing, are located further east along the southerly road. Along
the main ranch road to the north of the birthing barn, there is a second site where old farm equipment
and materials are piled, including two propane tanks.
R-00-97 Page 3
The water system consists of developed springs, distribution lines, and water storage tanks. Near the
residence, two small steel tanks are situated on the hillside and supplied by a nearby spring. Further
east, and adjacent to the main ranch road, is a large redwood water tank in good condition. There are
other developed springs supplying water to cattle troughs spread around the property. Currently, two
large polyurethane water tanks are temporarily stored adjacent to the main ranch road to the west of the
residence, but these are being retained by the owner and relocated to the property on the west side of
Alpine Road that is being returned.
Cattle grazing has been a historical use of the property and operated by the caretaker for over seventy
years. Cattle grazing has been managed on a rotational basis where the rangeland is divided into a
number of grazing units, and the cattle are moved around during the year. In the past, approximately 40
cattle were grazed at one time, but more recently the number has been reduced to twelve. Due to the
rotational management plan, the grassland is generally in good condition and rotation may be helping to
keep yellow star thistle under control. The area to the north of the property is inundated with thistle
resulting from overgrazing by horses under previous ownership.
USE AND MANAGEMENT
Planning Considerations
The property is located in the unincorporated portion of San Mateo County and is zoned Resource
Management (RM), which provides for 5 to 40 acre residential sites. The property is subject to a
Williamson Act Land Conservation Contract which requires 40-acre minimum lot size. Although the
property is comprised of one legal parcel, it has a potential density of three residential sites. Alpine
Road is designated a Scenic Corridor in the San Mateo County General Plan. The Draft San Mateo
County Trails Plan and the District's Regional Open Space Study show a proposed regional trail
connection through the property utilizing the historic alignment of Page Mill Trail. This trail will
ultimately connect from the Bay Area Ridge Trail, located near Skyline Boulevard, to Portola
Redwoods State Park. The section of Page Mill Trail through Big Dipper Ranch is not open to the
public as the District currently owns a partial interest in the property and has not introduced public use.
The Regional Open Space Study also shows a proposed trail alignment in the vicinity of the property
that would connect the Page Mill Trail to the Mindego Trail on Russian Ridge Open Space Preserve.
This trail would create a desirable loop trail starting from the Alpine Road parking area, descending the
Page Mill Trail, crossing the property in the east-west direction to the Mindego Trail and returning on
the Bay Area Ridge Trail to the parking area.
Preliminary Use and Management Recommendations
The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective
until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will
be maintained in a natural condition and no changes to land use are anticipated. If changes to land use
are proposed in the future, the plan would be subject to further environmental review and public input.
R-00-97 Page 4
Public Access: Closed to public trail use at this time and not anticipated to be opened until such time as
a trail connection through Big Dipper Ranch to Portola Redwoods State Park can be provided.
Patrol: Routinely patrol the property.
Signs: Install and maintain preserve signs as appropriate.
Grazing: Continue and monitor grazing activity under terms of the caretaker's life estate.
Clean-up: Remove shed and potentially hazardous farm equipment and materials, including steel
container (drums) and propane tanks.
Name: Name the property as an addition to the Skyline Ridge Open Space Preserve.
Site Safety Inspection: Preliminary site safety inspection has been conducted and potentially hazardous
materials will be removed; a detailed site inspection will be conducted to determine if there are hazards
that need to be mitigated.
Dedication: Indicate your intention to dedicate the property as public open space at this time.
CEQA COMPLIANCE
Project Descriplion
The project consists of the acquisition of a 136-acre parcel of land as an addition to Skyline Ridge Open
Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the
addition. The property will be closed for public use. Cattle grazing will continue under the terms of a
life estate which will be granted to the caretaker currently residing on the site. The caretaker will
reside on the property and monitor the grazing activity. Structures, farm equipment, and materials in
poor condition will be removed. Ultimately, the property will be included in the Comprehensive Use
and Management Plan for the preserve. The property will be permanently preserved as open space and
maintained in a natural condition.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections
15301, 15316, 15317, 15325, and 15061 as follows:
Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond that existing at the time of the agencies
determination. The grazing operation will continue as it has in the past and will not be expanded.
Small structures to be removed fall within this category.
R-00-97 Page 5
Section 15304 exempts minor public or private alterations in the condition of land, water, and/or
vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or
agricultural purposes. Removal of old farm equipment and materials will not involve the removal of
trees.
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition
and the management plan proposes to keep the area in a natural condition. The portion of the property
excluded from the grazing operation will not be developed and will remain in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of
an area. The District will acquire fee interest and maintain the open space character of the area. No
new development is proposed as part of this project.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This
acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as
public open space by incorporating it into the Teague Hill Open Space Preserve.
This acquisition qualifies under five sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under section 15061, as there is no possibility the actions may have a
significant effect on the environment.
TERMS & CONDITIONS
The purchase price of the 136-acre Silva property is $800,000, which is considered fair and reasonable
given the current real estate market. The Williamson Act contract is a land conservation agreement,
with an automatically renewing ten-year term, requiring a 40-acre minimum lot size. The property is
therefore potentially subdividable into three building sites and the $800,000 purchase price equates to
approximately $266,667 per residential site, or $5,882.35 per acre. In addition, the District's purchase
agreement provides for a life estate for Paul Ortega, the long-time caretaker of the Silva property. Mr.
Ortega has lived on the Silva property since 1926. The life estate provides for Mr. Ortega's occupancy
of the single family residence, use of the garage and barns, and the ability to graze up to twelve head of
cattle on the property.
As part of this transaction, the District is also acquiring a right of first refusal to acquire the 97.5-acre
portion of the Silva property on the west side of Alpine Road. The District's right of first refusal
excludes transfer to immediate members of the Silva family, but provides the District with an
opportunity to buy the 97.5-acre remainder if the family decides to list it on the open real estate market,
or sell it to a private party.
The District has a current grant in the amount of$49,000 from the Trails Category of the Habitat
Conservation Fund Program, which provides for acquisition of the Old Page Mill Road as a future trail
connection between Skyline Ridge Open Space Preserve and Portola Redwoods State Park.
i
R-00-97 Page 6
BUDGET CONSIDERATIONS
2000/2001 Budget for Land Acquisition
New Land $20,000,000
Land Acquisitions this year (5,428,800)
Convent property proposed earlier on the agenda (3,500,000)
Silva Acquisition proposed on this agenda (800,000)
Acquisition Budget Remaining $10,271.200
Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering
cash flow and availability, funds are available for this property purchase. This parcel was identified as
an important addition to the Skyline Ridge Open Space Preserve for potential protection of watershed,
wildlife habitat, scenic qualities, and to establish a regional trail connection.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been mailed
written notices of this proposed acquisition.
Prepared by:
Michael C. Williams, Real Property Representative
Del Woods, Senior Acquisition Planner
Map Prepared by:
Ana Ruiz, Planning Technician
Contact person:
Michael C. Williams, Real Property Representative
RESOLUTION 00-47
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE PURCHASE
AGREEMENT, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AUTHORIZING THE PRESIDENT OF THE BOARD OR
OTHER APPROPRIATE OFFICER TO EXECUTE GRANT OF
LIFE ESTATE AND AUTHORIZING GENERAL MANAGER
TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (SKYLINE RIDGE OPEN SPACE PRESERVE -
LANDS OF SILVA)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does
hereby accept the offer contained in that certain Purchase Agreement between Jack Silva, et
al., and the Midpeninsula Regional Open Space District, a copy of which is attached hereto
and by reference made a part hereof, and authorizes the President or appropriate officers to
execute the Agreement on behalf of the District.
Section Two. The President of the Board of Directors, or other appropriate officer, is
authorized to execute a Certificate of Acceptance on behalf of the District.
Section Three. The President of the Board of Directors, or other appropriate officer, is
authorized to execute a Grant Deed of Life Estate Subject to Certain Covenants, Conditions,
and Restrictions to Paul Ortega in the form attached to the Purchase Agreement as Exhibit C.
Section Four. The General Manager of the District shall cause to be given appropriate notice
of acceptance to seller. The General Manager is further authorized to execute any and all other
documents in escrow necessary or appropriate to the closing of the transaction.
Section Five. The General Manager of the District is authorized to expend up to $10,000 to
cover the cost of title insurance, escrow fees, property clean-up costs and other miscellaneous
costs related to this transaction.
Section Six. The General Manager and General Counsel are further authorized to approve any
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 this transaction.
Section Seven. It is intended, reasonably expected, and hereby authorized that the District's
general fund will be reimbursed in the amount of$800,000 from the proceeds of the next long-
term District note issue. This Section of this Resolution is adopted by the Board of Directors
of Midpeninsula Regional Open Space District solely for purposes of establishing compliance
with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of
this payment expenditure is consistent with the District's budgetary and financial
circumstances. There are no funds or sources of moneys of the District that have been, or are
reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to
pay the costs of this open space land acquisition project which are to be paid or reimbursed out
of proceeds of indebtedness to be issued by the District. The Board of Directors hereby
declares the District's official intent to use proceeds of indebtedness to reimburse itself for this
open space land acquisition project expenditure.
SKYLINE RIDGE OPEN SPACE PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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PURCHASE AGREEMENT
This Agreement is made and entered into by and between JACK SILVA, as
Surviving Trustee of the Jack and Martha D. Silva Trust dated September 29, 1995 and as
Executor of the Will and Estate of Martha D. Silva, as to an undivided 1h interest and JACK
SILVA, as Successor Trustee of the Frank Kenyon Trust dated September 11, 1990, as to an
undivided 1/2 interest, hereinafter called "Seller" and the MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of
Division 5 of the California Public Resources Code, hereinafter called "District."
RECITALS
WHEREAS, Seller is the owner of certain real property totaling approximately
233.5 acres which has open space and recreational value, located within an unincorporated area
of the County of San Mateo, and being more particularly described as Parcel A and Parcel B in
the legal description attached to Preliminary Report number 277641 attached hereto as Exhibit
"A" of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive
conveyances of real property by purchase, exchange, gift, or bargain purchase for public park,
recreation, scenic and open space purposes; and
WHEREAS, District desires to purchase said Parcel B containing approximately
136 acres for open space preservation and as part of the ecological, recreational, and aesthetic
resources of the midpeninsula area; and
WHEREAS, Seller desires to retain a life estate interest for the benefit of Paul
Ortega for the single family residence located on said Parcel B, which life estate interest is
more particularly described in this document; and
WHEREAS, District also desires to acquire and receive a right of first refusal to
purchase said Parcel A containing the remaining approximately 97.5 acres; and
WHEREAS,*Seller wishes to sell and convey said Parcel B containing
approximately 136 acres to District subject to said life estate, and a right of first refusal to
purchase said Parcel A containing the remaining approximately 97.5 acres, and District wishes
to purchase said property and property rights upon the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and co�,enants herein contained, the parties hereto agree as follows:
Purchase Agreement Page 2
1 Purchase and Sale. Seller agrees to sell to District and District agrees to
purchase from Seller, Seller's real property and interest herein, located within an
unincorporated area of the County of San Mateo, State of California, as follows:
A. Fee title to all that certain parcel of real property, containing approximately
one hundred thirty-six (136) acres, more or less, and commonly referred to as San Mateo
County Assessor's Parcel Number 080-380-040 and being further described as Parcel B in the
Legal Description attached to Preliminary Report number 277641 from Old Republic Title
Company. A copy of said preliminary report attached hereto as Exhibit "A", and incorporated
herein by this reference. Said property is to be conveyed together with any easements, rights
of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and
any and all improvements attached or affixed thereto. All of said real property, appurtenances
and other property rights as described hereunder being acquired by District under this
Agreement, hereinafter called the "Subject Property" or the "Property".
B. Seller shall retain all that certain property containing 97.5 acres, more or
less, and commonly referred to San Mateo County Assessor's Parcel number 080-380-030
being further described as Parcel A in said Preliminary Report (Exhibit "A"). Said retained
property shall be subject to a Grant of Right of First Refusal in the form of Exhibit "B" as
attached hereto and incorporated herein by this reference.
C. District agrees to grant an estate for life ("Life Estate") for the benefit of
Paul Ortega, for his life in the form of a Grant Deed of Life Estate Subject to Certain
.Covenants, Conditions and Restrictions attached hereto as Exhibit "C" and incorporated by
this reference. The Life Estate for Paul Ortega shall include the two bedroom and one
bathroom single family residence, two car garage, and hay barn together with a non-exclusive
right of way for ingress and egress and public utilities over and across the existing road from, , ,
Alpine Road and the right to use and maintain the existing water system located on the Subject
Property as further defined in said Exhibit "C".
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
and other property interests being acquired herein by District shall be Eight Hundred Thousand
and No/100 Dollars ($800,000.00) which shall be paid in cash at the "Closing" as defined in
Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement, in accordance with
Section 12 herein, an escrow shall be opened at Old Republic Title Company, 601 Allerton
Street, Redwood City, CA, 94063 (650) 365-8080 (Escrow number 277641) or other title
company acceptable to District and Seller (hereinafter "Escrow Holder") through which the
purchase and sale of the Property and other property interests acquired herein shall be
consummated. A fully executed copy of this Agreement shall be deposited with Escrow
Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall
execute such additional supplementary or customary escrow instructions as Escrow Holder may
Purchase Agreement Page 3
reasonably require. This Agreement may be amended or supplemented by explicit additional
escrow instructions signed by the parties, but the printed portion of such escrow instructions
shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby
appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents
and monies to be deposited into the escrow as herein provided, with the following terms and
conditions to apply to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or
before August 31, 2000, provided however, that the parties may, by written agreement, extend
the time for Closing. The term "Closing" as used herein shall be deemed to be the date when
Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the
County Recorder of San Mateo County.
B. Seller and District shall, during the escrow period, execute any and all
documents and perform any and all acts reasonably necessary or appropriate to consummate
the purchase and sale pursuant to the terms of this Agreement.
C. Seller shall deposit into the escrow on or before the Closing:
(i) An executed and recordable Grant Deed to the Property;
(ii) An executed an recordable Grant of Right of First Refusal in the
form of said Exhibit "B".
D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificates of Acceptance for the Grant Deed and
Grant of Right of First Refusal, duly executed by District and to be dated as of the Closing.
(ii) An executed and recordable Grant Deed of Life Estate Subject to
Certain Covenants, Conditions and Restrictions in a form substantially similar to said Exhibit
"C" for the benefit of Paul Ortega.
(iii) District's check payable to Escrow Holder in the amount of Seven
Hundred Ninety-Nine Thousand and No/100 Dollars ($799,000.00), which is the balance of
the Purchase Price of Eight Hundred Thousand and No/100 Dollars ($800,000.00) as specified
in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 12 of
this Agreement.
E. District and Seller shall share (50150) the escrow fees, the CLTA
Standard Policy of Title Insurance, if required by District, and all recording costs and fees.
All other costs or expenses not otherwise provided for in this Agreement shall be apportioned
or allocated between District and Seller in the manner customary in San Mateo County. All
Purchase Agreement Page 4
current property taxes on the Property shall be pro-rated through escrow between District and
Seller as of the Closing based upon the latest available tax information using the customary
escrow procedures.
F. Seller shall cause Old Republic Title Company, or other title company
acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA
Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of
$800,000.00 for the Property showing title to the Property vested in fee simple in District,
subject only to: (i) current real property taxes, (ii) title exceptions 3, 4, 5, 6, 7, 8,,9 and 10 as
listed in preliminary report (Exhibit "A") dated November 23, 1999, (iii) the life estate for
Paul Ortega authorized and being created by this Agreement (Exhibit "C"), and (iv) such
additional title exceptions as may be approved in writing by District prior to the Closing as
determined by District in its sole and absolute discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of San Mateo County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance required herein, and to Seller Escrow Holder's check for the full purchase price of
the Subject Property and other property interests acquired herein (less Seller's portion of the
expenses described in Section 3.E), and to District or Seller, as the case may be, all other
documents or instruments which are to be delivered to them. In the event the escrow
.terminates as provided herein, Escrow Holder shall return all monies, documents or other
things of value deposited in the escrow to the party depositing the same.
4. Rights and Liabilities of the Parties in the Event of Termination. In the event
this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused
from any further obligations hereunder, except as otherwise provided herein. Upon any such
termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder
for payment of its title and escrow cancellation charges (subject to rights of subrogation against
any party whose fault may have caused such termination of escrow), and each party expressly
reserves any other rights and remedies which it may have against any other party by reason of
a wrongful termination or failure to close escrow.
5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or
written leases or rental agreements affecting all or any portion of the Subject Property (except
for Paul Ortega). Seller further warrants and agrees to hold District free and harmless and to
reimburse District for any and all costs, liability, loss, damage or expense, including costs for
legal services, occasioned by reason of any such lease or rental agreement of the Property
being acquired by District, including, but not limited to, claims for relocation benefits and/or
payments pursuant to California Government Code Section 7260 et seq. Seller understands
Purchase Agreement Page 5
and agrees that the provisions of this paragraph shall survive the close of escrow and
recordation of any Grant Deed(s).
6. Seller's Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property and the other property interests acquired herein in
accordance herewith, Seller makes the following representations and warranties to District,
which shall survive close of escrow, each of which is material and is being relied upon by
District.
A. Authori1y. Seller has the full right, power and authority to enter into this
C�
Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other
documents delivered by Seller to District now or at the Closing have been or will be duly
authorized and executed and delivered by Seller and are legal, valid and binding obligations of
Seller sufficient to convey to District the Subject Property described therein, and are
enforceable in accordance with their respective terms and do not violate any provisions of any
agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws
or corporate resolutions of Seller.
C. Good Title. Seller has and at the Closing date shall have good,
marketable and indefeasible fee simple title to the Subject Property and the interests therein to
be conveyed to District hereunder, free and clear of all liens and encumbrances of any type
whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights
or any other right, title or interest held by any third party except for the exceptions permitted
under the express terms hereof, and Seller shall forever indemnify and defend District from
and against any claims made by any third party which are based upon any inaccuracy in the
foregoing representations.
7. IntegriLy of Property. Except as otherwise provided herein or by express
written permission granted by District, Seller shall not, between the time of Seller's execution
hereof and the close of escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or other earthmoving activities,
cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of
improvements or structures on the Property.
8. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
Purchase Agreement Page 6
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.).
B. Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property, Seller makes the following representations and warranties to
District, which shall survive close of escrow, each of which is material and is being relied
upon by District:
(i) To Seller's knowledge the Property does not contain and has not
previously contained any Hazardous Waste or underground storage tanks, and no Hazardous
Waste has been or is being used, manufactured, handled, generated, stored, treated,
discharged, present, buried or disposed of on, under or about the Property, or transported to or
from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the
foregoing;
(ii) Seller has not received any notice and Seller has no actual
knowledge that any private person or governmental authority or administrative agency or any
employee or agent thereof has determined, alleged or commenced or threatened to commence
any litigation, or other proceedings, to determine that there is a presence, release, threat of
release, placement on, under or about the Property, or the use, manufacture, handling,
generation, storage, treatment, discharge, burial or disposal on, under or about the Property,
or the transportation to or from the Property, of any Hazardous Waste, nor has Seller received
any communication from any such person or governmental agency or authority concerning any
such matters.
C. Indemnity. Seller shall indemnify, defend and hold harmless District
from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by
District, including without limitation, attorney, engineering and other professional or expert
fees, to the extent arising from any breach of the warranties or representations contained
herein.
9. Waiver of Relocation Benefits and StatutoryCompensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the
fair market value of the Property described in Exhibit "A", as provided for by the Federal
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-
646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256)
(42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government Code
Purchase Agreement Page 7
Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights
Seller may have to any relocation assistance, benefits, procedures, or policies as provided in
said laws or regulations adopted there under and to any other compensation, except as provided
in this Agreement. Seller has been advised as to the extent and availability of such benefits,
procedures, notice periods, and assistance, and freely and knowingly waives such claims,
rights and notice periods except as set forth in this Agreement, including the fair market value
of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding
California Government Code Sections.
10. Risk of Loss. Any risk of loss to the Property for any reason whatsoever shall
be borne by Seller until title to said Property has been conveyed to District by recorded Deed;
provided, however that Seller shall continue to be responsible for any risk of loss to the single
family residence occupied by Paul Ortega and adjacent other structures, for any reason
whatsoever, during and up until the Close of Escrow.
11. Miscellaneous Provisions.
A. Choice of Law. The internal laws of the State of California, regardless
of any choice of law principles, shall govern the validity of this Agreement, the construction of
its terms and the interpretation of the rights and duties of the parties.
B. Attorneys' Fees. If either party hereto incurs any expense, including
reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of
.any default or alleged default of the other party hereunder, the party prevailing in such action
or.proceeding shall be entitled to recover from the other party reasonable expenses and
attorneys' fees in the amount deter-mined by the Court, whether or not such action or
proceeding goes to final judgment. In the event of a settlement or final judgment in which
neither party is awarded all of the relief prayed for, the prevailing party as determined by the
Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees.
C. Amendment and Waiver. The parties hereto may by mutual'written
agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for
the performance of any of the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
covenants contained in this Agreement or the performance of any obligations of the other
party; or (iv) waive the fulfillment of any condition that is precedent to the performance by
such party of any of its obligations under this Agreement. The General Manager is authorized
to agree to an extension of the time for the performance of any obligations on the part of
District or Seller pursuant to this Agreement, and to take any actions and execute any
documents necessary or appropriate to closing escrow and completing this conveyance,
including execution of any documents which may allow Seller to accomplish a tax deferred
exchange of property as permitted by law; provided, however that the District shall not take
Purchase Agreement Page 8
title to any third party property other than the subject Property. Any agreement on the part of
any party for any such amendment, extension or waiver must be in writing.
D. Rights Cumulative. Each and all of the various rights, powers and
remedies of the parties shall be considered to be cumulative with and in addition to any other
rights, powers and remedies which the parties may have at law or in equity in the event of the
breach of any of the terms of this Agreement. The exercise or partial exercise of any right,
power or remedy shall neither constitute the exclusive election thereof nor the waiver of any
other right, power or remedy available to such party.
E. Notices. Whenever any party hereto desires or is required to give any
notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such
communication shall be in writing and shall be deemed to have been validly served, given or
delivered at the time stated below if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if delivered by Federal Express
or other private messenger, courier or other delivery service or sent by facsimile transmission
by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as
indicated as follows:
Seller: Jack Silva
660 Nazareth Court
Santa Clara, CA 95051
(408) 296-7704
Copy: William R. Christy, Esq.
P. O. Box 177
Santa Clara, CA 95052
(408) 296-1416
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
(650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile
or cabled notice shall promptly be sent by mail (in the manner provided above) to the
addressee. Service of any such communication made only by mail shall be deemed complete
on the date of actual delivery as indicated by the addressee's registry or certification receipt or
at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in
time. Either party hereto may from time to time, by notice in writing served upon the other as
aforesaid, designate a different mailing address or a different person to which such notices or
40
Purchase Agreement Page 9
demands are thereafter to be addressed or delivered. Nothing contained in this Agreement
shall excuse either party from giving oral notice to the other when prompt notification is .
appropriate, but any oral notice given shall not satisfy the requiremept of written notice as
provided in this Section.
F. Severability. If any of the provisions of this Agreement are held to be
void or unenforceable by or as a result of a determination of any court of competent
jurisdiction, the decision of which is binding upon the parties, the parties agree that such
determination shall not result in the nullity or unenforceability of the remaining portions of this
Agreement. The parties further agree to replace such void or unenforceable provisions which
will achieve, to the extent possible, the economic, business and other purposes of the void or
unenforceable provisions.
G. Counterparts. This Agreement may be executed in separate
counterparts, each of which shall be deemed as an original, and when executed, separately or
together, shall constitute a single original instrument, effective in the same manner as if the
parties had executed one and the same instrument.
H. Waiver. No waiver of any term, provision or condition of this
Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to
be, or be construed as, a further or continuing waiver of any such term, provision or condition
or as a waiver of any other term, provision or condition of this Agreement.
I. Entire Agreement. This Agreement is intended by the parties to be the
final expression of their agreement; it embodies the entire agreement and understanding
between the parties hereto; it constitutes a complete and exclusive statement of the terms and
conditions thereof, Ono it supersedes any and all prior correspondence, conversations,
negotiations, agreements or understandings relating to the same subject matter.
J. Time of Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
K. Survival of Covenants. All covenants of District or Seller which are
expressly intended hereunder to be performed in whole or in part after the Closing, and all
representations and warranties by either party to the other, shall survive the Closing and be
binding upon and inure to the benefit of the respective par-ties hereto and their respective heirs,
successors and permitted assigns.
L. Assignment. Except as expressly permitted herein, neither party to this
Agreement shall assign its rights or obligations under this Agreement to any third party without
Z:�
the prior written approval of the other party.
Purchase Agreement Page 10
M. Further Documents and Acts. Each of the parties hereto agrees to
execute and deliver such further documents and perform such other acts as may be reasonably
necessary or appropriate to consummate and carry into effect the transactions described and
contemplated under this Agreement.
N. Binding on Successors and Assigns. This Agreement and all of its
terms, conditions and covenants are intended to be fully effective and binding, to the extent
permitted by law, on the successors and permitted assigns of the parties hereto.
O. Broker's Commission. District shall not be responsible for any real
estate commission or other related costs or fees in this transaction. Seller agrees to and does
hereby indemnify and hold District harmless from and against any and all costs, liabilities,
losses, damages, claims, causes of action or proceedings which may result from any broker,
agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of
Seller in connection with this transaction.
P. Captions. Captions are provided herein for convenience only and they
form no part of this Agreement and are not to serve as a basis for interpretation or construction
of this Agreement, nor as evidence of the intention of the parties hereto.
Q. Pronoun References. In this Agreement, if it be appropriate, the use of
the singular shall include the plural, and the plural shall include the singular, and the use of
any gender shall include all other genders as appropriate.
R. Arbitration of Disputes. If a dispute arises out of or relates to this
Agreement or the performance or breach thereof, the parties agree first to participate in non-
binding mediation in order to resolve their dispute. If the parties are unable to resolve their
dispute through mediation, or if there is any remaining unresolved controversy or claim
subsequent to mediation, any remaining unresolved controversy or claim shall be settled by
arbitration. The parties shall jointly select one arbitrator who shall be a retired or former
judge of the Superior Court of California. The arbitration shall be conducted in accordance
with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. Hearings
shall be held in San Mateo County, California. If the parties are unable to agree upon an
arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services,
Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall
in all cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF
Purchase Agreement Page 11
DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
SELLER INITIAL BUYER INITIAL
12. Acceptance. Provided that this Agreement is executed by Seller and delivered
to District on or before May 24, 2000 District shall have until midnight July 26, 2000 to accept
and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property and the other property interests
acquired herein to District for the consideration and under the terms and conditions herein set
forth. Said offer shall remain irrevocable during this period without the necessity of execution
and acceptance of this Purchase Agreement by District. As consideration for said irrevocable
offer, District has paid into escrow and Seller acknowledges receipt of the sum of One
Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set
forth in Section 2 hereof.
Provided that this Agreement is accepted by District, this transaction shall close as soon
as practicable in accordance with the terms and conditions set forth herein.
Purchase Agreement Page 12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers to be effective as of the date of final execution by
District in accordance with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT By:
,jWilva, as Surviving Trustee
ACCEPTED FOR RECOMMENDATION of the Jack and Martha D. Silva
Trust, dated September 29, 1995
Date:
Michael C. Williams, Real Property
Representative
By: L -�
APPROVED AS TO FORM: ilva, as Executor of the Will and
Estate of Martha D. Silva
Susan M. Schectman, General Counsel Date: ,1 `ez ,
RE MME DED FOR APPROVAL:
By:
Silva, as Successor Trustee of
the Frank Kenyon Trust dated
L. Craig Britton, General Manager September 11, 1990
APPROVED AND ACCEPTED: Date: -77�
By:
President, Board of Directors ac Silva, as an individual
Date:
Date:'7)6u-, gl a7e�& �
ATTEST:
District Clerk
Date:
i
I
* OLD REPUBLIC TITLE COMPANY
601 ALLERTON STREET • REDWOOD CITY,CA • 9"3 (650)365-WW • Fax: (650)365-9524
PRELIMINARY REPORT
Issued for the sole use of: Our Order No.277641
MIDPENINSULA REGIONAL OPEN SPACE DISTRIC
Reference
330 D I STEL CIRCLE
LOS ALTOS, California 94022
When Replying Please Contact:
Attention: Mike Williams
Tina M. Davis (650) 556-9639
Property Address:
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE
COMPANYhereby reports that it is prepared to issue,or cause to be issued,as of the date hereof, a Policy
or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusionsfrom the coverage of said Policyor Policiesare set forth in Exhibit
A and Exhibit A attached. Copies of the Policyforms should be read. They are available from the office
which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition
of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitatingthe
issuance of a policy of title insurance and no liabilityis assumed hereby. If it is desired that liabilitybe
assumed prior to the Issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of November 23rd 1999 , at 7:30 A.M.
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page 1 of--f2---Pages
' ORT 3157-A (Rev. 1/1/95) ECXKIIFLIT
Page I _of o
f
OLD REPUBLIC TITLE COMPANY
ORDER NO. 277641
The form of policy of title insurance contemplated by this report is:
A specific request should be made if another form or add ititnaI coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a FEE.
Title to said estate or interest at the date hereof is vested in:
FRANK KENYON, Trustee of that certain Trust dated September 11, 1990, as to an undivided
1/2 interest and MARTHA D. SILVA, as to an undivided 1/2 interest
Page 2 of 6 Pages
ORT 3157-A1 (Rev 1.1-95)
EXN3SIT
Page 0f
OLD REPUBLIC TITLE COMPANY
ORDER NO. 277641
The land referred to in this Report is situated in the County of San Mateo , in the unincorporated area,
State of California,and is described as!allows:
Parcels "A" and "B", as delineated upon that certain Map entitled "PARCEL MAP
FOR A RESUBDIVISION OF A PORTION OF SECTION 21, T7S, R3W, M, D, B & M, DESCRIBED
IN VOLUME 4959, OFFICIAL RECORDS, PAGE 306", filed for record in the Office of
the Recorder of the County of San Mateo, State of California, on December 9th,
1975 in Book 29 of Parcel Maps, at Pages 49 and 50 and as said parcel map was
corrected by Certificate of Correction recorded on October 27, 1988 as Document
No. 88145614, Official Records of San Mateo County, California.
A.P.N. 080-380-030 J.P.N. 080-038-380-01 A
080-380-040
Atthe date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows:
1 . Taxes and assessments, general and special, for the fiscal year 1999-2000 as
follows:
Assessor's Parcel No. 080-380-030
Code No. 66-005
1st Installment $ 1,124.03 Marked Paid
2nd Installment $ 1,124.03 NOT Marked Paid
Land $ 21,049.00
Imp. Value $ 203,586.00
P.P. Value $ 0.00
Exemption $ 0.00
Affects Parcel A.
Page__.2_o(_6 Pages -
ORT 3157-B EXHIBIT lq—
Z r�o ID
OLD REPUBLIC TITLE COMPANY
ORDER NO. 277641
2. Taxes and assessments, general and special, for the fiscal year 1999-2000 as
follows:
Assessor's Parcel No. 080-380-040
Code No. 66-005
1st Installment $ 368.88 Marked Paid
2nd Installment $ 368.88 NOT Marked Paid
Land $ 28,343.00
Imp. Value $ 27,856.00
P.P. Value $ 17,405.00
Exemption $ 0.00
Affects Parcel B.
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions
of Section 75, et seq. , of the Revenue and Taxation Code of the State of
California.
4. Rights of the public, County and/or City, in and to that portion of said
land lying within the lines of Alpine Road.
5. Any easement for water course over that portion of said land lying within
the banks of any creek or stream.
6. PATENT to Western Pacific Railroad Co. , predecessor to Central Pacific
Railroad Co. , her Inafter referred to, dated April 3, 1872 and recorded December
20, 1872 in Book 2 of Patents at page 58 and re-recorded in Book 3 of Patents at
page 123, Records of San Mateo County, California.
7. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to Pacific Gas and Electric Co.
For poles and wires
Dated April 3rd, 1929
Recorded April 16th, 1929 in Book 414 of Official Records, Page 25
Affects a portion of premises
8. Williamson Act - Land Conservation Contract as follows:
City/County San Mateo
Landowner Harriet Miller and Frank Kenyon
Recorded November 15th, 1966 in Book 5238 of Official Records, Page
633
Contract/File No. not shown
Page__I_of 6 Pages-
ORT 3157•E
EXHIBIT,.,_
Pa`3e . P -Of L
OLD REPUBLIC TITLE COMPANY
ORDER NO. 277641
9. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to County of San Mateo, a political subdivision of the State of
California
For road purposes and appurtenances
Dated September 19th, 1975
Recorded October 27th, 1975 in Book 6967 of Official Records, Page 403
Affects a strip of land 60 feet wide lying adjacent to the line dividing
Parcels "A" and "B" herein
10. Matters as contained or referred to In an instrument
Entitled Certification of Completion - Midpeninsula Preserves 1995
Executed by: the Board of Directors of the Midpeninsula Regional Open Space
District
Recorded December 6th, 1995 in Official Records under Recorder's Serial
Number 95131789
Which, among other things, provides: Annexation to Midpeninsula Regional Open
Space District - Midpeninsula Preserves 1995-Skyline Ridge.
11 . Rights and claims of parties in possession.
12. Terms and conditions contained in the Trust dated September 11, 1990, as
disclosed by instrument recorded December 3, 1990 in Official Records, under
Recorder's Serial Number 90157794 and the requirement that a Certification of
Trustee be furnished in accordance with Probate Code Section 18100.5.
NOTE: Should a Certification not be available, Old Republic Title Company will
requ i re a complete copy of the trust instruments)(s) be furnished for rev I ew and
possible recording.
13. Any community property interest of a spouse of Martha D. Silva.
-------------------- Informational Notes --------------------
1 . NOTE: According to the pubi ic records, there have been no deeds conveying
the property described in this report recorded within a period of two years
prior to the date hereof except as follows:
NONE
2. Short term rate does not apply.
Page--§—oL-6 Pages
ORT 3157-E EMIAT �4
Page -L—of-z—
OLD REPUBLIC TITLE COMPANY
ORDER NO. 277641
3. Information shown by the public records and/or The San Mateo County Tax
Rolls indicates the mailing. address of the vestee(s) herein to be:
3404 Kenyon, Santa Clara, CA 945051 .
JLT/j of
CC: 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRIC, 330 DISTEL CIRCLE, LOS
ALTOS, CA 94022, Attn: Mike Williams
r
6 Page of 6 Pages.
ORT 3157-E
EXHIBIT
Page _, Lof-)D--
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
HOMEOWNER'S POLICY OF TITLE INSURANCE-1998
EXCLUSIONS
In addition to the Exceptions in Schedule B.You are not insured against loss,cosh.attorneys'fees.and expenses resulting from:
1. Governmental policy power,and the existence or violation of any law or government regulation. This includes ordinances,laws and regulations concerning:
a. building
b. zoning
C. lend use
d. improvements on the land
e. land division
f. environmental protection
This Exclusion does not apply to violationsor the enforcement of these matters i/notice of the vioiationor enforcement appears in the Public Records at the Policy
Date.
This Exclusion does not limit the coverage described in Covered Risk 14,15,16.17 or 24.
2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable bu Ming codes. This Exclusion does not apply to violations
of building codes if notice of the violation appears in the Public Records at the Policy Date
3. The right to take the Land by condemning it,unless: .
a. a notice of exercising the right appears in the Public Records at the Policy Dale;or
b. it*taking happened before the Policy Date and is binding on you A You bought the lend without Knowing of the taking.
4. Risks:
a. that are created,allowed,or agreed to by You.whether or not they appear in the Public Records
b. that are Known to You at the Policy Date,but not to Us,tmless they appear in the Public Records at the Policy Date;
C. that result in no loss to You;or
d, that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24,or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A.and
b. in streets,alleys,or waterways that touch the Lanai.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY-1990
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise
by reason of:
1. (a) Any law,ordinance or governmental regulation(including but rot limited to buiidirgor zoning laws,ordinances or regulations)restricting,regulating,prohibiting
or relating to()the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvemert now or hereafter erected on the
land; (III)a separation in ownership or a flange in the dimensionsof or area of the tend or any parcel of which the land Is or was a part or(hr)environmental
protection,or the effect of any violation of these laws,ordinances or govermtentai regulations,except to the extent that a notice of enforcement thereof or a
notice of a defect,lien or encumbrance resulting from a violation or alleged violation afte tIng the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise tereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the is records at Date of Polic
y,,but not excludingfrom coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed cc agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to to insured claimant and not disclosed in writingto the Company
by the insured claimant prior to the date the insured claimant became an Insured under this policy.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Data of Poi icy;
(e) or resulting in loss or damage which would-not have been sustained if the insured claimant had paid value for the Insured mortgage or for the estate or interest
insured by this policy.
4 Unenforceabilityof the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the Inability or failure of any subsequent
owner of the indebtedness,to comply with the applicable doing business laws of the state in which the tend is situated.
5. Invaiidityor unenforceabilityof the lien of the insured mortgage,or claim thereof.which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law.
6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws.
In addition to the Exclusions,you are not inured against loss,costs,attomeys'fees,and expenses resulting from:
i. Taxes or assessments which are not shown as existing liens by the records of any taxing auttnrtty that levies taxes or assessments on real property or by the public
records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by
the public records.
2. Any facts,rights,interests or ciaimswhich are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted
by persons in possession thereof.
3. Easements,liens or encumbrances,or claims thereof,which are not storm by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other tech which s correct survey would disclose,and which are not shown by the
public records.
ORT 3157-F (Rev 6-22-98) (Continued on next page) EXHIBIT
"` Pegs otla_
EXHIBIT A(Continued)
5.(a)Unpatented miningclaims;(b)reservations or exceptions in patents or in Acts authorizingthhe issuance thereof;(c)water righfs,cioimsw title to water,whether or
not the matters excepted under(a),(b)or(c)are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. (a) Any law,ordinance or govermrertalregulation(Inckidingbut not limited to building and zoning laws,ordinances,orregulations)restriai regulating,
or relating to occupancy, ►tected ng,prohibiting
ng ()the panty,use,or anjey�mc N the tans;(ii)the ctharaatar,�imensienser locationof arty improvement now or hereafter erected on the land:(lull a
separation in ownership or a change in thedimens"or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect
of anyviolationof these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or entice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in thepublic records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a rodeo of the exercise thereof or a notice ofa defect,lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records atDate of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but notexcluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser favalue without knowledge,
3. Defects,liens,encumbrances,adverse claims,or other motions(a)erected,suffered,assumed or agreed to by the insured claimant(b)not known to the Company and
not shown by the public records but known to the insured claimant either at Dace of Policy or at the date such ctaimantacquired an estate or interest insured by this
policy and not disclosed in writing by the insured claimantto the Company prior to the date such insured ctaimentbecame an insured hereunder; (c)resulting in no
loss or damage to the insured claimant:(d)attechinger crietiNsubsecliswit to Dace of Policy;or(a)resulting in loss or damage which would not have been sustained it
the insured claimant had paid value for the emote or interest insured by this policy.
4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state
Insolvency,or similar coeditors'rights laws.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970(Rev. 1992)
WITH A.L.TA.ENDORSEMENT FORM i COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law,ordinance or gover mentalregulation(includingbut not limitedto buildingand zoningordinances)restrictingor regutefingor prohibitingthe occupancy
, use or enjoyment of land, or regulating the character.dimensions or location of ony improvement now or hereafter erected on the land, or prohibiting a
separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulatic
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens,encumbrances,adverse claims,or other matters(a) created, suffered, assumed or agreed to by the insured claimant;(b) not known to the
Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or
interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the Insured ciaimantto the Company prior to the date such
insured claimant became an insured hereunder; (c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy
(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessmentsfor
street improvements under construction or completed at Date of Policy).
4. Unenforceabilityof the lien of the insured mortgagebecause of failure of the insured at Date of Poticyor of any subsequent owner of the indebtedness to comply
with applicable'doing business laws'of the state in which the land is situated.
5. Any claim,which arises out of the transaction creating the interest of the mortgage insured by this policy,by reason of the operation of federal bankruptcy,state
insolvency,or similar creditors'rights laws,that is based on:
() the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or
(II) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(III) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer,or
(b) of such recordation to mart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L.T.A.ENDORSEMENT
FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs•attorneys'fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governherxal regulation(including but not limited to building and zoning laws, ordinances, or regulations)restricting,regulating,
prohibitingor relatingto(0 the occupancy,use or enjoyment of the land;(ii)the character,dimensionsor locationof any improvementnow or hereafter erected
on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part or(iw)
environmental protection.or the effect of viotationof these laws,ordinances or govermhentairegulations•except to the extent that a notice of the enforcement
thereof or a notice of a defect,lien or encumbrance resulting from a viol'ationor alleged violationaffecting the land has been recorded in the public records at
Date of Policy.
(b) Any governmental police power not excluded by(a)above•except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation affecting the land has bean recorded in the public records at Date of Policy.
2. Rights of eminentdomain unless a notice of the exercise thereof has been recorded in the public records at Date of Policy,but rot excludingh m coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) created,suffered,assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimantand not disclosed in writingto the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
ORT 3157-G (Rev 6-22-98) (Continued on next page) t1
EXHIBIT
P s _1--of_LO -
EXHIBIT A(Continued)
t r C. resulting in no loss or damage to the insured claimant;
l d. attaching or awed subsequent to Date of Policy(except to the extort that this policy irwim the priority of the lien of that mwW mortgage over any statutory1e1 lien for services,labor or material or the extort insurance is afforded herein as toossemn r"for street improvemen tsunder eostructionor completed at date of
l I policy);or
�ra. resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Data of Policy,or the inability or failure of any subsequent
owner of the Indebtedness,to comply with applicable'doing business laws'of the state in which the land is slanted.
�. Invalidityo unenforceabilityof the lien of the Insured mortgage,or claim thered,which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in Mending law.
6. Any statutory lien for services,labor,or materiels(or claim of priority of any statutory lien for mvicos,labor or materials overthe lien of the insured mortgage)wising
from an Improvement or work related to the land which is contracted for and commenced subsequent to Date of policy and Is not financed In whole or in pat by
proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or Is obligated to advance.
7. Any claim.which wises out of the transaction creating the interest of the mortgage insured by this policy.by rsmon of the operation of federal bankruptcy,state
insolvency,or similar creditors'rights laws,the is based on:
(1 the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitabfe subordination;or
(III) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the Instrument of transfer;or
(b) of such recordation to Impart notice to a purchaser for value or s Judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY-1987
EXCLUSIONS
In addition to the exceptions in Schedule B.you are not insured against ices,costs,attomeys'fees and expenses resulting from:
1. Govermertal police power,and the existence or violation of any law or govern entalregulation. This Includes building and zoning ordinances and also laws
and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violationsor the enforcement of these manors which appew in the public records at Policy Date. This exclusion does not limit
the zoning coverage described in Items 12 and 13 of Covered Title Risks
2. The right to take the land by condemning it,unless:
a notice of exercising the right appears in the public records on the Policy Dote.
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
that we created,allowed,or agreed to by you
that are known to you,but not to us,on the Policy Date-unless they appear in the public records.
that result in no loss to you
that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in hem 3 of Schedule A
or
in streets,alleys,or waterways that touch your land.
This exclusion does not limit the access coverage in Poem 5 of Covered Title Risks.
ORT 3157-1 (Rev 6-22-98) EXH1131T
Page ,�of
Notice: This is neither a pI
furnished merely as a conve
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f other land. No liability is a:
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EX7HISIT
rage l D of lU
f
EXHIBIT B
WHEN RECORDED MAIL TO:
Midpeninsula Regional Open
Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Michael C. Williams
GRANT OF RIGHT OF FIRST REFUSAL
RECITALS
A. JACK SILVA, as the Surviving Trustee of the Jack Silva and Martha D. Silva Trust
dated September 25, 1995 and as Executor of the Will and Estate of Martha D. Silva, as
to an undivided %2 interest, and JACK SILVA, as Successor Trustee of the Frank Kenyon
Trust dated September 11, 1990, as to an undivided %2 interest, (hereinafter referred to as
"Grantor") is the fee owner of certain real property (hereinafter called"Parcel A")and
commonly referred to as San Mateo County Assessor's Parcel Number 075-380-030,
situated in an unincorporated area of the County of San Mateo, State of California, and
more particularly described in Exhibit"I", attached hereto and incorporated herein by
this reference.
B. Midpeninsula Regional Open Space District, a public district (referred to herein as
"District"), is the fee owner of certain real roe »(he
reinafter
afte property r called« rty lle( d"P
arcel arcel B a
Parcel C ), and commonly referred to as, respectively, San Mateo Countyand
Assessor's
Parcel ssor s
cel Numbers 080-380-040 and 080-281-010 loc ed. , at adjacent to Parcel A and more
particularly described in Exhibit "II"attached hereto and incorporated herein by this
refe
rence.e.
C. It is the desire of Grantor to grant District a right of first refusal as more particularly
described herein. -
NOW, THEREFORE, for valuable consideration, the sufficiency and receipt of which
is hereby acknowledged, Grantor hereby agrees as follows:
GRANT OF RI HT OF FIRST REF SAT
Grantor hereby grants to District a right of first refusal to purchase Parcel A. Before there can
be consummation of any sale or transfer of all or any portion of Parcel A, Grantor shall first
offer said property or part thereof to District in the following manner:
Grant of Right of rirst Refusal It
Page 2
1. It is understood that Grantor, may decide to legally subdivide Parcel A to accommodate
the existing single family residence partially constructed on said Parcel A. If Grantor
desires to sell Parcel A or any subdivided portion of Parcel A, the Grantor shall first give
District written notice, hereafter referred to as the ("Notice"), of his desire to sell. Such
written notice shall state the price and terms and conditions under which Grantor is
willing to sell. If Grantor and District cannot agree upon a price for the sale of Parcel A
of any subdivided portion of Parcel A, the parties agree to appoint an independent
appraiser under the procedure set forth in Section 2(b) as the method to establish the fair
market value of Parcel A or any subdivided portion of Parcel A (either the remaining
portion or the portion containing the single family residence). Once such value is
established (either by negotiations or by independent appraisal procedure), District shall
make its election to purchase Parcel A or a subdivided portion of Parcel A as provided for
in Section 2(c) to allow Grantor to sell and District to exercise its right of first refusal
without requiring Grantor to list the property on the open market. Grantor understands
and agrees that once they give District Notice of his desire to sell, Grantor must sell to
District, at District's election as provided in Section 2(c).
2. (a) Upon receipt by Grantor of a bona fide offer by a third party to purchase Parcel A
(which bona fides shall be subject to verification by District), Grantor shall deliver to
District at its principal place of business, by mail or other appropriate means, a Notice
in writing, accompanied by a copy of such offer, which shall set forth the price, terms
and conditions of such offer, and a statement of Grantor's intention to accept such
offer. If the Notice states that all cash will be received by Grantor, then the District
shall have the prior right to purchase the property for all cash in an equal amount to
such offer. If the Notice states that consideration other than cash and/or seller
financing is to be received, the District shall have the right to purchase said Parcel A
for an aggregate purchase price equal to the fair market value of the property. In such
case, the notice shall state Grantor's estimate of such fair market value, which estimate
shall be conclusively binding upon Grantor. District may dispute such fair market
value in which cas
e the parties shall thereafter attempt in good faith to reach
agreement.
b If n o a r eem( ) g ent is reached within ten (10) days of the date of the Notice, the parties
shall attempt to agree upon the
appointment
me nt of an inde
pendent appraiser or, failing
that, within an additional 10
day
period, the shall p y all each appoint an appraiser P aiser p and t
two appraisers shall, PP he
lw
P within
P , n an additional 1 0 days,y , select an independent appraiser
determinesaid
pp ser to
such fair market value. The determination of said independent appraiser
shall be bind
ing o both
n
g h parties and the cost p of the appraisal shall be borne equally
(50150) between the parties.
(c) Within twenty-one (21) days after District receives Grantor's Notice or the
determination of the price is completed (by appraisal if necessary), whichever is later,
District shall have the prior right to elect to purchase said property at a price equal to
the all cash offer of such third party or such fair market value, as applicable; provided,
however, that the purchase must be consummated by the District as soon as possible,
but in no event later than six (6) months after its election to exercise its right of first
refusal (unless any further delays are caused by default or breach on the part of
Grantor). Such right may be exercised by delivery in writing, by mail, or other
Grant of Right of First Refusal Page 3
appropriate means, to Grantor of a notice of exercise of right to purchase. In the event
that District so elects to purchase the property and the third party offer is not all cash,
the District shall be required to pay cash at the closing thereof in an amount equaling
or exceeding (at its option) the amount of cash proposed to be received at close from
the proposed third party purchaser. The remainder of such purchase price may be paid
by delivery of a secured promissory note issued by the District, secured by the
property, having a term not exceeding five (5) years or the term of the financing of the
bona fide offer, whichever is greater in time (at District's option) and bearing interest
at a rate equal to the then current rate of interest being given on similar"tax-free"
notes, with accrued interest being paid quarterly and the entire principal amount at
maturity. In the event of any dispute as to the appropriate interest rate, the parties
agree to submit the matter to arbitration pursuant to the rules of the American
Arbitration Association, with the arbitration to be conducted in Los Altos, California.
3. If District notifies Grantor that it does not wish to exercise the right of first refusal or if
the right is not exercised within the twenty-one (21) day period, Grantor shall be free to
sell Grantor's property to such purchaser, but only at the price and upon the terms and
conditions stated in the aforementioned notice, providing that said offer results in a valid
transfer or sale of said property within six (6) months of the District's failure to exercise
its right of first refusal.
Any transfer or sale after the end of the six (6) month period or any material change in the
terms of the sale from those set forth in said Notice shall require that a new notice be
delivered and shall give rise to the purchase rights of District and procedures set forth in
this Grant of Right of First Refusal. A waiver by District of one such opportunity to
purchase shall not be deemed a waiver of any future right to purchase, it being the intent
and agreement of the parties that the right of first refusal hereby granted shall run with
Parcel A in perpetuity.
4. In the event District exercises the right of first refusal as provided hereinabove, Grantor
agrees to deliver the property free and vacant of all persons and personal property at the
close of escrow, and Grantor, on behalf of himself, his heirs, successors and assigns,
hereby specifically waives and releases District from any and all claims, by whatever
name known, including, but not limited to, claims for relocation benefits and/or payments
pursuant to California Government Code Section 7260 et seq.; and Grantor agrees to hold
District harmless and reimburse District for any and all liability, losses and expenses
occasione
d by reason of any and all of such claims.
5. District's Right of First Refusal as forth in Sections 1 and 2 of this Agreement are subject
to the following exception: District's right of first refusal shall not apply to a bona fide
offer to purchase Parcel A made by an immediate member of the Silva family. For the
purpose of this Agreement, the Silva family shall include only the following family
members: Jack Silva, Sr., Judith Ann Silva, Carol Doren Silva, James Richard Silva and
Jack Kenyon Silva.
Grant of Right of First Refusal Page 4
If Grantor wishes to invoke this exception, Grantor must invoke this exception in the
written bona fide offer described in Sections I and 2 of this Agreement. District may
conduct reasonable inquiry to determine the identity of the family members. Grantor shall
cooperate in good faith in a reasonable inquiry and with District's reasonable requests for
such documentation. District shall have a period of up to thirty (30) days to verify that the
third party family purchase meets the criteria of this Section and that such sale is exempt
from the District Right of First Refusal. Any such family member shall take his or her
interest in Parcel A subject to the District's right of first refusal with respect to any and all
future transfers of such interest by such family member.
MISCELANEOUS
IT IS FURTHER AGREED, that all of the grants, covenants, conditions and restrictions
contained above shall be binding upon Grantor, his successors and assigns, lessees and any
and all other persons acquiring all or any portion of or interest in as San Mateo County
Assessor's Parcel Number 075-380-030 that is subject to the provisions of this Grant of Right
of First Refusal, whether by operation of law or in any other manner whatsoever. All of the
grants, covenants, conditions and restrictions contained in this instrument are for the benefit
of: (i) District, its successors and assigns; and(ii) Parcel B and Parcel C, as described herein.
All of the provisions hereof shall be covenants running with the land pursuant to applicable
law, including, but not limited to, Section 1468 of the Civil Code of the State of Califbnma. It
is expressly agreed that each grant, covenant, condition or restriction contained herein to do or
to refrain from doing any act:
(a) Is a burden upon Parcel A and each portion thereof and interest therein that is subject
to the provisions of this instrument, and
(b) Shall be binding upon each successive owner during its ownership of Parcel A or
portion thereof or interest therein, derived in any manner.
lJI
lJI
ill
1H
Grant of Right of First Refusal Page 5
Nothingherein shall be deeme
d to create
aright of action in any person or entity other
than District, its successors and assigns.
By:
Jack Silva, as Trustee of the Jack
and Martha D. Silva Trust
dated September 29, 1995
Date:
By:
Jack Silva, as Executor of the Will and
Estate of Martha D. Silva
Date:
By:
Jack Silva, as the Surviving Trustee
of the Frank Kenyon Trust dated
September 11, 1990
Date:
By:
Jack Silva, as an individual
Date:
Grant of Right of First Refusal Page 6
[Notary page]
EXHIBIT I
Parcel "A"
The land.is situated in the County of San Mateo, in the unincorporated area, State of
California, described as follows:
Parcel "A", as delineated upon that ceratin Map entitled "PARCEL MAP FOR A
RESUBDIVISION OF A PORTION OF SECTION 21, T7S, R3W, M, D, B & M,
DESCRIBED IN VOLUME 4959, OFFICIAL RECORDS, PAGE 306", filed for record in
the Office of the Recorder of County of San Mateo, State of California, on December 9',
1975 in Book 29 of Parcel Maps, at Pages 49 and 50 and as said parcel map was corrected by
Certificate of Correction recorded on October 27, 1988 as Document No. 88145614, Official
Records of San Mateo County, California.
A.P.N. 080-380-030
EXHIBIT H
Parcel "B"
The land situated in County of San Mateo, in the unincorporated area, State of California,
described as follows: '
Parcel "B", as delineated upon that certain Map entitled "PARCEL MAP FOR A
RESUBDIVISION OF A PORTION OF SECTION 21, T7S, R3W, M, D, B & M,
DESCRIBED IN VOLUME 4959, OFFICIAL RECORDS, PAGE 306", filed for record in
the Office of the Recorder of the County of San Mateo, State of California, on December 9m,
1975 in Book 29 of Parcel Maps, at Pages 49 and 50 and as said parcel map was corrected by
Certificate of Correction recorded on October 27, 1988 as Document No. 88145614, Official
Records of San Mateo County, California.
A.P.N. 080-380-040
Parcel " "
C
The land situated in County of San Mateo, in the unincorporated area, State of California,
described as follows:
The Northwest 1/4 of Section 21, Township 7 South, Range 3 West, Mount Diablo Base and
Meridian.
EXCEPTING THEREFROM all that portion of said proeprty lying east of the centerline of the
Alpine Road, as conveyed to Howard Black and Agnes W. Black, his wife, by deed November
9, 1934 and recorded January 12, 1935 in Book 639 of Official Records of San Mateo County
at Page 376.
A.P.N. 080-281-010
EXHIBIT
WHEN RECORDED MAIL TO:
GRANT DEED OF LIFE ESTATE
SUBJECT TO CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS
RECITALS
A. WHEREAS, the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public
District(hereafter "District"), is the owner of certain real property situated in an unincorporated
area of the County of San Mateo, State of California, and more particularly described in Exhibit
"C-I" and shown on the Map in Exhibit "C-2", both attached hereto and incorporated herein by
this reference (hereinafter the "Property" of the "Subject Property"); and
B. WHEREAS, pursuant to that certain Purchase Agreement, dated , 2000
between District and Jack Silva, Trustee, District acquired certain lands, including the Subject
Property; and
C. WHEREAS, said Purchase Agreement set forth an obligation on the part of District to
grant a Life Estate in the Property to Paul Ortega; and
D. WHEREAS, it is now the desire of District to grant to Paul Ortega, (hereinafter
"Grantee"), a life estate interest, subject to certain covenants, conditions and restrictions, in and
to the Property, as more particularly described herein.
NOW THEREFORE, for valuable consideration, the receipt and adequacy of which is
hereby acknowledged, District grants to Grantee the following rights, title and interest in and to
the Property:
l. GRANT DEED OF LIFE ESTATE. District hereby grants to the Grantee, Paul Ortega,
for his life, an estate for life ("Life Estate") from the date of recordation of this Deed. The Life
Estate for the Grantee shall include the use and occupancy of the existing two bedroom, one
bathroom single family residence, the two car garage, and the hay barn together with a non-
exclusive right of way for ingress and egress and public utilities over and across the existing
road from Alpine Road and the right to use and maintain the existing water system located on the
Property. The Life Estate granted herein is subject to certain covenants, conditions and
restrictions as more particularly set forth herein.
2. COVENANTS, CONDITIONS AND RESTRICTIONS. The Life Estate being
conveyed by District to Grantee under this Deed is made subject to the following covenants,
conditions and restrictions:
Page I
EXHIBIT C
A. Grantee shall occupy the two bedroom, one bathroom single family residence only as a
personal residence during their lives as set forth under this Deed.
B. Grantee shall not alter land forms by grading, excavation on or about the Property
without prior written approval of District, nor shall they quarry the Property or cause
permanent damage or waste on or to the Property. Grantee shall not dump or dispose of
wastes, refuse or debris on or about the Property, and shall keep the Property in a neat and
clean condition.
C. The construction of new buildings structures or additions to Misting buildings or
structures on the Progea is absolutely prohibited, including but not limited to, any private
recreation facility or any other improvement which necessitates grading or paving except as
otherwise permitted herein.
D. Grantee shall not sell, assign, lease or otherwise transfer any interest conveyed hereunder
to any other party without the express written consent of District, which may or may not
give, in its sole discretion.
E. Grantee agrees that further development or improvement of the Property is limited to
replacement of existing structures or improvements on the Property on the following basis
and subject to Design Review by District as more specifically set forth in Section 3 herein:
i. Any replacement structures or buildings shall be painted earth tones to blend in
with the surrounding open space lands of the District. The roof of any new or
replacement
cement structure
p shall be either earth tones or dark gra
y.y The existing structures and
building shall be re-painted or re-roofed, if at all, consistent with the requirements of this
paragraph.
ii. Non-routine maintenance, repair, reconstruction and refurbishing of any and all
existing improvements (i.e. buildings, fences, roads, etc.) currently located on the
Property is permitted subject to Design Review as set forth in Section 3.
iii. Any structures or improvements on the Property shall be replaced with equivalent
structures or improvements of the same area coverage, height and bulk.
iv. Grantee is permitted to remove any diseased or dead plants and trees and remove
such timber as may be required for fire prevention, public health or safety. The cutting of
any tree over 12 inches d.b.h. (diameter at breast high - measured 4'/z feet above ground)
is subject to prior written approval by District which shall not be unreasonably withheld
or delayed.
V. Installation of exterior lighting is subject to prior written approval by District of a
lighting plan.
vi. If Grantee desires to have livestock or grazing animals in the future, Grantee shall
obtain prior written approval from District for a limited number of animals and shall build
Page 2
EXHIBIT C
fences of a rustic nature (post and rail) to enclose a grazing area. Said grazing area is to
be located and planned in consultation with District and is subject to advance written
approval by District prior to construction and operation by Grantee.
F. Possessory Interest Tax. Grantee acknowledges that Grantee's interest in the premises
under this Agreement may now or hereafter be subject to a possessory interest tax (or
property tax assessed on the Grantee ownership rights) imposed by the County in which the
premises are situated or by other lawful governmental authority. Grantee shall pay any such
possessory tax (or property tax) prior to delinquency thereof.
3. DESIGN REVIEW. District shall have the right of Design Review, as herein defined
with respect to any and all improvements proposed to be constructed on the Property which fall
under the provisions of Section 2 hereinabove. Design Review is intended to provide for review
and approval by District of development in environmentally and ecologically sensitive areas in
order to assure that development will be harmonious with other uses in the general vicinity and
will be compatible with environmental and ecological objectives.
A. Prior to construction of any new or replacement structures or improvements on the
Property, which fall under the provisions of Section 2 above, an application for Design
Review shall be made to District. The application shall include the following:
i. A site plan showing the location of all proposed improvements, roads, driveways,
retaining walls, planted or landscaped areas, paved areas, fences, wells, septic system and
other improvements, and indicating the proposed uses or activities on the site.
ii. Drawings or sketches showing all the proposed improvements, sufficiently
dimensioned to indicate the general scale of such improvements.
B. Within thirty (30) days fro
m the fili
ng of the
applicatio
n with the
District, District shall
review the site plan and drawings, and shall determine to approve or disapprove said
application based upon the following objectives witfi respect to citing of the improvements,
color and orientation and exterior lighting and landscaping:
i. To ensure that the Terms and Conditions of these recorded covenants, conditions
and restrictions are strictly enforced;
ii. To ensure construction and operation of any such improvements in a manner that
will be orderly, harmonious and compatible with existing or potential uses of adjoining
or nearby sites; and
iii. To ensure that sound principles of environmental design and ecological balance
shall be observed.
iv. The Design Review described herein shall not extend to or include the repair
and/or replacement of existing improvements or those improvements previously
constructed by Grantee, his heirs, successors, and/or assigns under this Design Review
process.
Page 3
EXHIBIT C
4. All of the covenants, conditions and restrictions contained herein shall be binding upon
the Grantee, his tenant, lessee and any and all other persons acquiring any interest in the
Property, or any portion thereof or interest therein, whether by operation of law or in any other
manner whatsoever.
5. Nothing herein shall be deemed to create a right of action in any person or entity other
than District, its successors and assigns.
GRANTEE DISTRICT
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
By:
Paul Ortega By:
President, Board of Directors
Date:
Date:
ATTEST
By:
District Clerk
Date:
Page 4
Regional Open �i we
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-101
Meeting 00-21
July 26, 2000
AGENDA ITEM 4
AGENDA ITEM
Authorization to Hire Rana Creek Habitat Restoration to Finalize Results from the
Russian Ridge Grassland Management Project, Continue estoration Efforts, and
Develop a District-Wide Seed Increase Program
GENERAL MANAGER'S RECOMMENDATIONS ~
1. Determine that the proposed project is categorically exempt from the California
Environmental Quality Act (CEQA) based on the findings contained in this report.
2. Authorize the General Manager to execute a contract with Rana Creek Habitat
Restoration to 1) finalize the Russian Ridge Grassland Management project, 2)
continue restoration of 20 acres, and 3) develop a District-wide seed increase
program with a budget not to exceed $51,000 in fiscal year 2000-2001.
DISCUSSION
Over the past three years you have authorized the hiring of Rana Creek Habitat
Restoration to conduct the multi-phase Russian Ridge Grassland Management Plan. The
grassland management plan is a"model" study designed to determine the most effective
management techniques and strategy needed to sustain grassland communities over time.
The proposed contract this year with Rana Creek Habitat Restoration will continue with
the most effective management techniques at Russian Ridge, produce a comprehensive
report of the results of this multiple year study with long-term management strategy
options, and develop a District-wide seed increase program.
Staff learned from the first two phases of the grassland management plan that
management of non-native species alone was not sufficient to restore biological diversity
in some parts of the Russian Ridge. For a healthy grassland community to function, staff
needed to expand the desired ecological outcomes to include the reduction in the
presence of invasive non-native species, maintenance of native plant diversity, and an
increase in distribution and diversity of selected plant species. The third phase of the
project completed in 1999 accomplished this by increasing the seeded restoration areas
and expanding the non-native species control to also target Harding Grass and Italian,
Bull, and Purple Star Thistle.
330 Distel Circle . Los Altos, CA 94022-1404 + Phone:650-691-1200
FAX:650-691-0485 + E-mail: mrosd<lopenspace.org + Web site:www.openspace.org ,
Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz . General Manager:L.Craig Britton
R-00-10 1 Page 2
The third phase of the grassland management plan focused on combinations of
management techniques as well as repeating techniques for consecutive treatments. The
following work was completed in phase three:
1. Grazed a new area totaling 20 acres between the brush-line and bum area, which
acted as a firebreak during the prescribed burn.
2. Expanded the bum area to include area burned in 1998 and additional acreage east of
the grazed firebreak for a total of approximately 140 acres.
3. Restored approximately seven acres with 17 different species collected on site.
Twelve of those species germinated, flowered and produced seed. Of special interest
were the displays of Tidy Tips and Owls Clover that were seeded because they are
not otherwise found in abundance on the preserve.
4. Experimented with targeted herbicide application of Harding Grass in restored areas.
5. Provided a staff training and grassland plant identification workshop.
6. Collected over thirty species of native seed to be cleaned and tested for use in the
restoration areas.
7. Monitored and analyzed 1998-1999 data from each treatment area and increased
monitoring locations for newly grazed and burn areas.
Over the past three years staff has learned a great deal about diversity and complexity of
native grassland habitats. About 100 species of forbs and 30 species of grasses inhabit
Russian Ridge Open Space Preserve. The grassland is highly variable and diverse. Plant
composition and density can change radically throughout the preserve. Slope, aspect, soil
type, and exposure can vary greatly over the topographic relief and thus grass, forb, and
weed components all respond differently to the various management tools that have been
applied. Based on the data collected thus far, the following general patterns have
emerged:
• Controlled grazing effectively reduced the cover of yellow star thistle by 85% overall.
It also favored non-native annual grasses and reduced the cover of certain native
forbs.
• Mowing decreased the cover of annual plants, especially thistle and herbaceous
annual weeds. Similar to grazing, grasses increased in cover.
• Prescribed fire increased species richness. Two years of consecutive burning
decreased the relative dominance of introduced grasses by 60% and increased the
diversity and dominance of native wildflowers.
• The combination of burning and spot herbicide application resulted in 75%reduction
of Harding Grass.
• Hand control eliminated some of the outlying invasive non-native species throughout
the preserve.
Each phase of the Russian Ridge Grassland Management Plan has been a demonstration
of management alternatives. Initially staff focused on determining effective management
techniques, now the challenge is to identify an adequate long-term management strategy,
which defines how to use these techniques to sustain the grassland community over time.
R-00-10 1 Page 3
One component of the proposed contract will be for phase four of the overall program,
which will be a combination of management techniques found to be most successful over
the past three years. The specific combination of techniques include a 125-acre
prescribed bum, target herbicide application, native seed collection and drill seeding of
approximately 20 acres, and some hand control of outlying populations of invasive non-
native species. The second component of the proposed contract will present the
monitoring data collected over the past three years in a comprehensive report. The focus
will be the results of the management techniques conducted in relation to the many
additional factors influencing the grassland community such as disturbance, succession,
land use history, cyclical nature of seed stratification and germination, and the enormous
variability of site conditions. In conclusion, the report will present a range of
management strategy options discussing the potential consequences and estimated costs
of each.
The third component of the proposed contract with Rana Creek Habitat Restoration for
this year will include the development of a District-wide seed increase program. The
success of the seed collection and propagation for the grassland management project at
Russian Ridge created the interest in expanding the program to the entire District. The
goal is to use regionally collected native seed for all restoration and erosion control
projects on District lands. Commercial seed often used for such projects is from
unknown sources and usually contains a high percentage of non-native seed. Having a
District seed increase program would ensure native seed is planted and would preserve
regional genetic diversity of species collected. This would require Rana Creek Habitat
Restoration to produce, over a period of approximately five years, 1,000 pounds of native
seed annually. The cost for such a service would range from $5,000 to $15,000 annually,
depending on the amount and diversity of seed requested and the number of acres planted
and maintained for increase. This would be subject to future budgeting approval.
The seed increase program involves many steps before a quantity of seed would be
available for District use. The first step, collecting native seeds throughout District lands,
began this year with dedicated staff and volunteer collection days. The next step is to
deliver the seed to Rana Creek Habitat Restoration for processing. They develop a
database with information on the seed collected, clean and viability test the seed, plant
approximately 15 acres of quality seed, harvest the seed, combine an appropriate mix of
seed for restoration efforts, and finally ship the seed back to the District for use. Within
five years the hope is that all seed planted on District lands, be it for a trail reroute,
erosion control or a habitat restoration project, will originate from a regional native seed
source.
The budget approved for these projects in fiscal year 2000-2001 is $5 1,000. This amount
includes expanding restoration efforts to 20 additional acres, completing a comprehensive
report of the past three years, and developing a District-wide seed increase program. The
comprehensive report will be presented to you this winter. A more detailed review by the
Use and Management Committee may be necessary to determine the District-wide
implications of the grassland management study.
R-00-10 1 Page 4
CEQA Compliance
Project Description
The proposed project is an experimental management study designed to test the
feasibility of using prescribed burning and drill seeding as restoration techniques to
manage grassland habitats for native species diversity. Forty acres of flat to moderately
sloped area will be restored using a native seed drilling method(a Truax native seed drill
pulled behind a tractor). The prescribed bum area will include approximately 125 acres.
It will be the second consecutive bum over approximately half of the area and third
consecutive bum for the other half. Timing of the prescribed burn is dependent on the
development of yellow starthistle and will likely occur in late July. California
Department of Forestry and Fire Protection is the principle agency conducting the burn
under an approved three-year bum plan for the area. Actual time to conduct the
prescribed bum over the designated acreage will only take one day. All activities on site
should be completed by December 2000.
CEQA Determination
The District concludes that this project will not have a significant effect on the
environment. It is categorically exempt form CEQA (the California Environmental
Quality Act) under Section 15304 and Section 15306 of the CEQA guidelines as follows:
Section 15304 allows activities resulting in minor alterations to land such as grading,
landscaping, filling of earth, trenching, and backfilling. The proposed prescribed bum
and restoration efforts are similar to these activities in that they are only temporary
alterations to the land. The purpose of the two activities is to reduce thatch and
competitive species from the area to encourage native species to germinate before the
rainy season. New growth will prevent any possibility of erosion and give native species
the advantage to establish the area.
Section 15306 allows for" basic data collection, research, experimental management, and
resource evaluation activities." This project is a management experiment. It is designed to
test the feasibility of using prescribed burning and drill seeding as restoration techniques
to manage grassland habitats for native species diversity. Information gained from this
study will be used in deciding which grassland management techniques are used on
District lands in the future.
Prepared by:
Jodi Isaacs, Resource Management Specialist
Contact person:
Same as above
Regional Open ice
R-00-100 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-21
July 26, 2000
AGENDA ITEM 5
AGENDA ITEM
Approval of Sala Adjustment and Meritorious Pa Award for the General Manager and Approval of
PP Salary J Y g PP
Amendment to General Manager's Employment Agreement
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS
1. As a result of the Board's evaluation of the General Manager's performance for the period of
March 10, 1999 through March 9, 2000 and compensation review for the position, the Ad Hoc
Board Appointee Evaluation Committee recommends a 4% meritorious pay award based on the
General Manager's performance and a 15% salary adjustment consisting of an 8.8% parity
adjustment and a 6.2% cost of living increase, retroactive to March 9, 2000.
2. Adopt the attached resolution amending the General Manager's Employment Agreement to
reflect an adjusted salary of$126,884.01, a 4% meritorious pay award totaling $4,416.36, and
an increase in severance compensation from 3 months to 6 months.
DISCUSSION
The Board completed its annual evaluation of the General Manager's performance and compensation
for the position at its June 28, 2000 meeting. The Ad Hoc Board Appointee Evaluation Committee
composed of Directors Nitz (Chair), Cyr, and Crowder, was instructed to serve as the District's
negotiator and was directed by the Board to meet with the General Manager to review his
compensation.
The compensation study conducted for the District this year for all positions shows that the salary
indicated for the General Manager is within the range of-31.86% to -5.81% below the market
median. The Committee recommends, based on the General Manager's past performance and the
results of the local agency salary survey, that the Board approve a 15% salary adjustment for the
General Manager as follows: a cost of living adjustment (COLA) of 6.2%, as well as a salary parity
adjustment of 8.8%, to bring the position's total salary closer in line with local agencies of comparable
complexity. The General Manager's adjusted salary would be $126,884.01. This increase should be
retroactive to March 9, 2000, the anniversary date for his Employment Agreement. The Employment
Agreement calls for an annual salary review and contemplated a determination of an adjustment each
anniversary date; therefore, a retroactive date for this adjustment is appropriate.
Based on the Board's review of the General Manager's performance during the evaluation period, the
Committee recommends that a 4% meritorious pay award ($4,413.36) be granted the General
Manager. This award is not a salary adjustment, but rather is granted as a one-time award in
recognition for performance during his year of service from March 10, 1999 through March 9, 2000.
The Board is pleased with the General Manager's overall performance during the past year.
Significant accomplishments included: completed acquisition of the former Alma College property,
including bringing Peninsula Open Space Trust into the transaction to acquire the "upper" portion of
the property at a cost of$10 million; helped to secure $5 million in public grants to purchase the
"upper" property from POST the largest acquisition rant in the District's history); worked on
PP P P Y ( g q g Y)�
R-00-100 Page 2
completing purchase of the Proctor properties at Thornewood which included a $750,000 grant; the
Benedetti property, an addition to Pulgas Ridge, was acquired; in all, acquisition activity totaled 2,718
acres (1,164 acres acquired by the District and 1,584 acres acquired by POST and managed by the
District). The Coastal Advisory Committee process was completed and the Board adopted a "willing
seller only" acquisition policy and began the LAFCO application process; a comprehensive and
aggressive salary and benefit program (based on a District-wide survey) was implemented for all
District employees; AB1578 (Cunneen) was signed into law to increase land exchange potential from
10 acres to 40 acres; completed a borrowing package that provided an additional $15.8 million in
acquisition funds; embarked on an employee morale enhancement plan; formally initiated the
"wilderness" trail policy program; completed negotiations with the County of Santa Clara for District
management of Rancho San Antonio County Park; continued work on securing federal clean up of Mt.
Umunhum; worked with Americans for our Heritage and Recreation (AHR) on full funding for the
Federal Land and Water Conservation Fund; continued work with the Bay Area Open Space Council
(BAOSC) on funding for the San Francisco Bay Area program through the Coastal Conservancy;
worked on passage of Proposition 12 ($1.9 billion for parks) and Proposition 13 ($2.1 billion for clean
water).
Submitted by:
Ad Hoc General Manager Evaluation Committee
(Directors Nitz, Cyr, and Crowder)
Contact person:
Director Kenneth C. Nitz
RESOLUTION NO. 00-48
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT APPROVING 2000-2001 SALARY
ADJUSTMENT AND MERITORIOUS PAY AWARD FOR THE GENERAL
MANAGER AND APPROVING AMENDMENT TO GENERAL MANAGER
EMPLOYMENT AGREEMENT
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered
into an Agreement, dated March 9, 1994, with L. Craig Britton, employing him as the District's
General Manager; and
WHEREAS, the Agreement provides for an annual review of the General Manager's
performance and an annual compensation review; and
WHEREAS, the Board has completed its annual review; and
WHEREAS, the Board desires to adjust the General Manager's compensation to include a 15%
salary adjustment, inclusive of an 8.8% salary parity adjustment and a 6.2% cost of living adjustment,
increasing his salary to $126,884.01 per annum retroactive to March 9, 2000; and
WHEREAS, the Board, based on its annual review of Britton's performance, desires to grant
him meritorious pay of 4% or $4,413.36 over and above Britton's salary in recognition of his
outstanding performance during the previous year of service;
WHEREAS, the Board desires to increase the General Manager's severance compensation from
3 months to 6 months.
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 or other appropriate
officer to execute the attached Fifth Amendment to the General Manager Employment Agreement on
behalf of the Midpeninsula Regional Open Space District to increase the General Manager's salary to
$126,884.01 per annum based on a 15% salary adjustment, retroactive to March 9, 2000, and
increasing the General Manager's severance from 3 months compensation to 6 months compensation.
BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open
Space District does grant the General Manager by adoption of this resolution a 4% meritorious pay
award in the amount of$4,413.36 over and above the General Manager's salary for meritorious service
in Fiscal Year 1999-2000.
Fifth Amendment to Employment Agreement
General Manager
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered
into an Employment Agreement("Agreement"), dated March 9, 1994, with L. Craig Britton employing
Britton as the District's General Manager; and
WHEREAS, the Agreement was last amended on July 14, 1999; and
WHEREAS, the Agreement provides for an annual review of the General Manager's
performance and an annual compensation review; and
WHEREAS, the Board has completed its annual review and desires to adjust the General
Manager's current compensation to include a 15% salary adjustment, inclusive of an 8.8% salary parity
adjustment and a 6.2% cost of living increase, increasing his salary to $126,884.01 per annum
retroactive to March 9, 2000;
WHEREAS, the parties desire to increase the General Manager's severance compensation from
3 months to 6 months.
NOW, THEREFORE, the parties agree that the Agreement shall hereby be modified as
follows:
1) Effective retroactively to March 9, 2000, Section 3(a) is hereby amended to read as follows:
(a) SgLary. As compensation for the services to be performed hereunder, Britton shall
receive a salary at the rate of$126,884.01 per annum. District's Board of Director's
(the "Board") shall review Britton's performance and salary annually.
2) Section 5 is hereby amended to read as follows:
Severance pay. In the event that the District terminates Britton's employment for
reasons other than malfeasance, commitment of an illegal act or substance abuse, the
Board shall compensate Britton in amount equal to six (6) months' compensation based
upon Britton's salary as of the date of termination..
It is further agreed that in all other respects the Agreement is hereby ratified and reaffirmed.
In witness whereof, the parties have executed the Amendment this. day of
92000.
By:
Kenneth C. Nitz, President L. Craig Britton, General Manager
Regional Open �'. t ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-99
Meeting 00-21
July 26, 2000
AGENDA ITEM 6
AGENDA ITEM
Notice of Contract Completion for the Demolition of Fourt en (1-�) Minor Structures at Five (5)
Separate Sites, and Removal of Debris at Bear Creek Redv cods Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
Authorize the Board President, or other appropriate officer, to execute the attached Notice of
Completion of Contract and Acceptance of Work for the demolition projects.
DISCUSSION
At your regular meeting of May 24, 2000, you awarded a contract in the amount of$41,500 to TKO
Construction of Woodside, CA for the demolition of certain dilapidated structures and cleanup of debris
at Bear Creek Redwoods Open Space Preserve (see report R-00-70). In addition, you authorized
incremental change orders of up to $12,000 for associated projects, bringing the total contract
allowance to $53,500. In the fiscal year 2000-2001 budget, $54,000 was allocated for this project,
which anticipated the removal of fourteen minor structures at five separate sites, with materials to be
removed to a licensed refuse facility. Several changes were made to the scope of the demolition project
during implementation. One structure was eliminated from the scope due to access difficulties; field
staff could feasibly demolish this structure at a future date. The hydroseeding component of the project
was eliminated from the contract due to timing considerations; staff will contract for the hydroseeding
of the disturbed areas once weather conditions are more favorable for germination. The projected cost
of this seeding operation is estimated to be $3,000. Three change orders were written for additional
cleanup of buildings and debris not included in the base contract, and additional regrading of roadway
access was necessary. These change orders increased the total contract amount payable to TKO
Construction to $46,626.88. The contract is now complete. Ten percent of the payments have been
withheld in accordance with the contract documents and specifications. This retainage will be released
35 days after filing the Notice of Completion, when staff is satisfied that the contractor has paid all
material bills and other indebtedness connected with the project, and that all conditions of the contract
have been satisfied.
When the hydroseeding is contracted, the anticipated total cost for scope of work authorized by the
Board will be $49,626.88.
In that same report, staff indicated that they were concurrently implementing the removal of hazardous
materials from the site. This task is also now complete, and was expanded to include the Alma College
site. Staff contracted the services of All Chem Disposal, Inc. for chemical removal and Precision
330 Distel Circle • Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX: 650-691-0485 + E-mail: mros;d@openspace_org • Web site:www.openspice.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane t ittle, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz_ « General Manager:L.Craig Britton
R-00-99 Page 2
Works for the asbestos abatement. In addition, field staff and a contract consultant contributed
significantly by inventorying all the materials and transporting a substantial quantity of the more benign
substances, such as paint, to the Santa Clara County collection facility. The cost of the hazardous
material removal totaled $8,226.23, and was charged to Planning's approved budget for items of this
nature.
Staff was pleased with the performance of the contractor and all the other participants, who restored the
sites to a vastly improved and safer condition.
Prepared by:
Sandy Gimbal Sommer, Senior Planner
John Cahill, Open Space Planner 11
Contact:
John Cahill, Open Space Planner 11
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
j 330 Distel Circle
Los Altos, CA 94022
Attention: Planning Dept.
DULY RECORDED WITHOUT FEE
Pursuant to Government Code
NOTICE OF
Sections 6103, 27383.
COMPLETION
By: t
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open
Space District, pursuant to State law that work to be performed under the contract heretofore made
and executed by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, as Owner
therein and TKO Construction as Contractor therein bearingthe date June 21 2000 for demolition
,
of 14 minor structures upon lands of said district known as bear Creek redwoods Open Space
Preserve situated in unincorporated Santa Clara_County, State of California, was completed on the
14th day of July, 2000.
Upon said contract, American Contractors Indemnity Company was surety on the bond given by said
TKO Construction, the said Contractor, as required by law.
That the title of said District to the real property upon which said work and contract was performed
is that of fee title.
That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos,
CA 94022.
That the site address of said work is as follows: Bear Creek Road, Los Gatos, CA, Santa Clara
County A.P.N. 544-32-001.
I certify, under penalty of perjury under the law of the State of California, that the foregoing is true
and correct.
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Kenneth C. Nitz
President, Board of Directors
Dated
Signed in Los Altos, California
Regional Open �. ice
1
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-96
Meeting 00-21
July 26, 2000
AGENDA ITEM 7
AGENDA ITEM
Appointment of Peace Officer
GENERAL MANAGER'S RECOMMENDATI
Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District appointing Susannah Anderson-Minshall as a Peace Officer.
DISCUSSION
At your meeting of January 14, 1976, you accepted the recommendation that District rangers be
appointed as peace officers as outlined under Section 830.31(b) of the Penal Code of the State of
California(see report R-76-2 dated January 7, 1976).
Susannah Anderson-Minshall has met the necessary Penal Code requirements to qualify her for
appointment. The passage of the attached resolution will complete the appointment process.
I
Prepared by:
Gordon Baillie, Management Analyst
Contact person:
Same as above
330 Distel Circle e Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd®openspace.org . Web site:www.openspace.org .
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
RESOLUTION NO. 00-49
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING PEACE OFFICER
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as
follows:
The following person is hereby designated as a peace officer of the Midpeninsula
Regional Open Space District pursuant to Section 830.31(b)of the Penal Code of the
State of California,to enforce the Midpeninsula Regional Open Space District Land
Use Regulations and those state and local regulations related to the protection and
safe use of District land, enforcement of which is specifically authorized by the
District:
Susannah Anderson-Minshall
Claims No. 00-13
Meeting 00-21
Date: July 26, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
## Amount Name Description
2132 849.09 Acme&Sons Sanitation Sanitation Services
2133 276.04 Acorn Signs District Banner
2134 451.46 ADT Security Services Alarm Service
Minshall
Medical Services Coverage
17 .35 Susa
nnah Anderson g
2135 0
2136 242.84 Arne Sign&Decal Co., Inc. Vehicle Decals
2137 355.91 Artech Laminating Laminating Supplies
2138 500.00 Association of Bay Area Governments Annual Membership Dues
2139 98.12 AT&T Telephone Service
2140 433.00 Baron Welding&Iron Works, Inc. Sign Straps
2141 182.80 Bay Area air Quality Management District SRO Fuel Nozzle Permit&Asbestos Fee
2142 603.88 Beck's Shoes, Inc. Uniform Boots
2143 9.71 The Bicycle Outfitter Bicycle Supplies
2144 7,030.84 Big 4 Rents, Inc. Dozer Rental-Road&Trail Maintenance
2145 537.00 Bill's Towing&Recovery Towing Services
2146 98.07 Browning-Ferris Industries Garbage Service
2147 135.00 Jane Buxton Trail Policy Project Consultant
2148 718.25 John Cahill Vehicle Expense
2149 95.00 California Park&Recreation Society Recruitment Advertisement
2150 140.00 California Park&Recreation Society Membership-J. Escobar
2151 447.39 California Water Service Company Water Service
2152 58.00 Richard P. Carr P.T., Inc. Medical Services
2153 135.00 California Department of Emergency Services Haz Mat Certificates
2154 680.90 Cascade Fire Equipment Company Pumper Parts&Fire Safety Clothing
2155 195.04 Cellular One Cell Phone Service
2156 7,572.67 Chicago Title Company Escrow Fees
2157 112.44 Cole Supply Company Janitorial Supplies
2158 1,293.49 Compurun Computer Consulting Services
2159 137.75 *1 Costco Office Supplies
2160 107.75 *2 Laurie Crook Reimbursement--Office Supplies
2161 5,282.40 Alice Cummings Grant and Trail Alignment Project Work
2162 80.53 Dennis Danielson Reimbursement--Office Supplies
2163 635.53 J. L Darling Corporation Fire Safety Signs
2164 195.98 Dennis Dart Vehicle Expense
2165 748.56 Department of General Services State Vehicle Procurement Fees
2166 12,900.00 Done Right Roofing&Gutters, Inc. Enterprise Rental Roofing Projects
2167 1,405.00 Eccles Engineering Engineering Services--BCR&ECM
2168 182.01 Tom Fischer Vehicle Expense
2169 594.73 Foster Brothers Security Systems, Inc. Keys and Locks
2170 159.71 Forestry Suppliers, Inc. Weather Instruments--R.R. Burn
2171 159.90 Matt Freeman Vehicle Expense
2172 55.21 G&K Services Shop Towel Services
2173 565.66 Gardenland Power Equipment Field Supplies
2174 500.
00 *3 Garth Gilchrist Volunteer Event Entertainment
Business Cards&Invitations-Vol. Event
42.81 Goodco Press Incorporated
2175 3
2176 780.00 govWorks, Inc. Recruitment Advertisement
2177 2,500.00 Greenbelt AllianceBAOSC Bay Area Open Space Council Support
reenWaste Recovery,2178 93.92 G Inc. Garbage Service
2179 95.13 Green Valley Disposal Company, Inc. Dumpster Service
2180 324.16 Home Depot Field Supplies
Page 1
Claims No. 00-13
Meeting 00-21
Date: July 26, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2181 10.74 HMH, Incorporated Density Analysis Testing
2182 2,464.85 Harbor Printing Envelope Printing
2183 4,167.50 Gavin Hoban Sierra Azul Resource Inventory Project
2184 188.97 Howard Rome Martin&Ridley Legal Services
2185 57.36 Jodi Isaacs Reimbursement--Office Supplies
2186 15,000.00 Joe's Tractor Service Discing Services SRO&FRO Projects
2187 6,434.89 Michael Johnson Office Remodeling-SRO&Main Office
2188 99.48 Jbro Batteries, Inc. Radio Battery Pockets for Charger
2189 119.60 Jobs Available Recruitment Advertisement
2190 610.00 Tamara Kan Water Rights for Ponds& Pig Monitoring
2191 91.87 Kinko's Copy Services
2192 122.86 *4 Anne Koletzke Reimbursement--Copies
2193 119.99 Lab Safety Supply Inc. Field Supplies
2194 62.84 Langley Hill Quarry Rock
2195 935.20 *5 Lanier Worldwide, Inc. Copier Lease
2196 39,809.68 *6 Lasher Auto Center 2 Dodge Ram Pickup Trucks
2197 352.49 Los Altos Garbage Company Garbage Service
2198 456.20 *7 Lucent Technologies Telephone Maintenance Agreement-June
2199 469.99 *8 Lucent Technologies Telephone Lease
2200 436.98 Lucent Technologies Telephone Maintenance Agreement-July
2201 2,800.00 Macias, Gini&Company Auditor Services
2202 475.90 MCI Worldcom Telephone Services
2203 375.26 Paul McKowan Reimbursement--Volunteer Event Supplies
2204 559.29 MetroMobileCommunications Radio Maintenance&Repairs
2205 570.00 Micro Accounting Solutions Computer Consulting Services
2206 575.38 National Fire Fighter Corp. Fire Safety Supplies
2207 27.15 Northern Energy Propane Service
2208 874.05 Office Depot Office Supplies
2209 647.01 Office Helper Office Supplies
2210 799,000.00 "' Old Republic Title Company Silva Acquisition
2211 100,000.00 "• Old Republic Title Company Russian Convent Acquisition-Deposit
2212 3,400,000.00 •" Old Republic Title Company Russian Convent Acquisition
2213 763.05 Orchard Supply Hardware Field Supplies
2214 11.34 Orlandi Trailer, Inc. Light Repair Parts
2215 1,512.91 Pacific Bell Telephone Services
2216 30.00 The City of Palo Alto City Council Agenda Annual Fee
2217 7.35 City of Palo Alto Utilities Utilities
2218 521.86 Panko Architects Administration Office Remodeling
2219 387.23 Pastorino Hay Restoration Materials
2220 250.00 *9 Petty Cash Volunteer Event Supplies
2221 1,440.65 PIP Printing Printing Services
2222 1,000.00 Popish Appraisal&Consulting Appraisal Services
2223 51.43 Pringle Tractor Co. Tractor Maintenance Parts
2224 59.54 Pro-Flame, Inc. Propane Tank Service Maintenance
2225 255.64 Pitney Bowes Credit Corporation Postage Machine Lease
2226 97.27 Precision Engravers Name Tag Engraving
2227 23.00 Public Sector Job Bulletin Subscription Renewal
2228 12.00 Rancho Cobbler&Cleaners Zipper Replacement
22 2 . Recreational Equipment, Inc. Uniform Supplies
2 9 8 53 app
Page 2
Claims No. 00-13
Meeting 00-21
Date: July 26, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2230 24.55 Rana Creek Habitat Restoration Shipping Fee for Restoration Seed
2231 21.17 Rancho Hardware Wasp Spray
2232 631.94 Redwood General Tire Co., Inc. Tires
2233 1,394.00 Eric Remington Wildlife Assessment Services
2234 1,138.66 Roy's Repair Service Vehicle Maintenance& Repairs
2235 822.75 Russ Enterprises, Inc. Signs
2236 88.50 Safety-Kleen Systems, Inc. Solvent Tank Service
i
2237 279.44 Sandra Sommer Reimbursement--Office Equipment
2238 30.00 Santa Clara County Training Officers Association Annual Membership-D. Sanguinetti
2239 283.90 Shell Oil Fuel
2240 35.18 Signworks Company Signs
2241 3,894.06 Steven W. Singer, M.S. Sierra Azul Inventory&Assessment Project
2242 246.45 Skyline County Water District Water Service
2243 1,200.00 Slaght Living Trust Ranger Residence Rental Agreement
2244 81.30 Stevens Creek Dodge Vehicle Repairs
2245 13.40 Staples Office Supplies
2246 1,181.01 Summit Uniforms Uniform Supplies
2247 20,217.88 T.K.O. Construction BCR Demolition Project
2248 2,858.00 Thoit's Insurance Additional Liability Insurance
2249 16.13 Turf&Industrial Tractor Supplies
2250 16.44 Union 76 Fuel
2251 807.39 United Rentals Rental Equipment-Tractor for Mowing
2252 225.00 Verio Internet Service Provider
2253 36.34 Verizon Pager Service
2254 3,275.85 VISA 150.78 Field Supplies
540.04 Enterprise Rental Appliance
1,553.83 Volunteer Event Supplies
216.50 Resource Documents
595.00 Seminar-D. Dolan
111.00 Postage
108.70 Nature Center Supplies
2255 225.50 Whitmore, Johnson&Bolanos Legal Services
2256 176.24 West Group Payment Center Legal On-line Services
2257 151.95 Michael Williams Reimbursement-Vehicle&Business Expense
2258 600.00 Roberta Wolfe Recording Services
2259 200.00 Woodside&Portola Private Patrol Windy Hill Parking Lot Patrol Services
2260R 718.25 John Cahill Vehicle Expense
2261R 227.78 Wolf Camera Photo Processing
ni Su
2262R 778.80 Petty Cash Volunteer Recognition Event Supplies,,
Local Business Meeting Expense, Field
Supplies, Office Supplies, and Vehicle
4 47 Expense
Total 5,809.39
*1 Urgent Check Issued July 14, 2000
*2 Urgent Check Issued July 13, 2000
*3 Urgent Check Issued July 12, 2000
*4 Urgent Check Issued July 07, 2000
Page 3
Claims No. 00-13
Meeting 00-21
Date: July 26, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
*5 Urgent Check Issued July 17, 2000
*6 Urgent Check Issued July 12, 2000
*7 Urgent Check Issued July 14, 2000
*8 Urgent Check Issued July 14, 2000
*9 Urgent Check Issued July 19, 2000
*** In the event the Agenda Item is not approved, this claim will not be processed.
i
i
i
Page 4
Claims No. 00-13
Meeting 00-21
Date: July 26, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2132 849.09 Acme& Sons Sanitation Sanitation Services
2133 276.04 Acorn Signs District Banner
2134 451.46 ADT Security Services Alarm Service
2135 170.35 Susannah Anderson Minshall Medical Services Coverage
2136 242.84 Arne Sign&Decal Co., Inc. Vehicle Decals
2137 355.91 Artech Laminating Laminating Supplies
2138 500.00 Association of Bay Area Governments Annual Membership Dues
2139 98.12 AT&T Telephone Service
2140 433.00 Baron Welding&Iron Works, Inc. Sign Straps
2141 182.80 Bay Area air Quality Management District SRO Fuel Nozzle Permit&Asbestos Fee
2142 603.88 Beck's Shoes, Inc. Uniform Boots
2143 9.71 The Bicycle Outfitter Bicycle Supplies
2144 7,030.84 Big 4 Rents, Inc. Dozer Rental-Road&Trail Maintenance
2145 537.00 Bill's Towing&Recovery Towing Services
2146 98.07 Browning-Ferris Industries Garbage Service
2147 135.00 Jane Buxton Trail Policy Project Consultant
2148 718.25 John Cahill Vehicle Expense
2149 95.00 California Park&Recreation Society Recruitment Advertisement
2150 140.00 California Park&Recreation Society Membership-J. Escobar
2151 447.39 California Water Service Company Water Service
2152 58.00 Richard P. Carr P.T., Inc. Medical Services
2153 135.00 California Department of Emergency Services Haz Mat Certificates
2154 680.90 Cascade Fire Equipment Company Pumper Parts&Fire Safety Clothing
2155 195.04 Cellular One Cell Phone Service
2156 7,572.67 Chicago Title Company Escrow Fees
2157 112.44 Cole Supply Company Janitorial Supplies
2158 1,293.49 Compurun Computer Consulting Services
2159 137.75 *1 Costco Office Supplies
2160 107.75 *2 Laurie Crook Reimbursement--Office Supplies
2161 5,282.40 Alice Cummings Grant and Trail Alignment Project Work
2162 80.53 Dennis Danielson Reimbursement--Office Supplies
2163 635.53 J. L Darling Corporation Fire Safety Signs
2164 195.98 Dennis Dart Vehicle Expense
2165 748.56 Department of General Services State Vehicle Procurement Fees
2166 12,900.00 Done Right Roofing&Gutters, Inc. Enterprise Rental Roofing Projects
2167 1,405.00 Eccles Engineering Engineering Services--BCR&ECM
2168 182.01 Tom Fischer Vehicle Expense
2169 594.73 Foster Brothers Security Systems, Inc. Keys and Locks
2170 159.71 Forestry Suppliers, Inc. Weather Instruments--R.R. Burn
2171 159.90 Matt Freeman Vehicle Expense
2172 55.21 G&K Services Shop Towel Services
2173 565.66 Gardenland Power Equipment Field Supplies
2174 500.00 *3 Garth Gilchrist Volunteer Event Entertainment
2175 342.81 Goodco Press Incorporated Business Cards&Invitations-Vol. Event
2176 780,00 govWorks, Inc. Recruitment Advertisement
2177 2,500.00 Greenbelt Alliance/BAOSC Bay Area Open Space Council Support
2178 93.92 GreenWaste Recovery, Inc. Garbage Service
2179 95.13 Green Valley Disposal Company, Inc. Dumpster Service
2180 324.16 Home Depot Field Supplies
Page 1
Claims No. 00-13
Meeting 00-21
Date: July 26, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2181 10.74 HMH, Incorporated Density Analysis Testing
2182 2,464.85 Harbor Printing Envelope Printing
2183 4,167.50 Gavin Hoban Sierra Azul Resource Inventory Project
2184 188.97 Howard Rome Martin&Ridley Legal Services
2185 57.36 Jodi Isaacs Reimbursement--Office Supplies
2186 15,000.00 Joe's Tractor Service Discing Services SRO&FRO Projects
2187 6,434.89 Michael Johnson Office Remodeling-SRO&Main Office
2188 99.48 Jbro Batteries, Inc. Radio Battery Pockets for Charger
2189 119.60 Jobs Available Recruitment Advertisement
2190 610.00 Tamara Kan Water Rights for Ponds&Pig Monitoring
2191 91.87 Kinko's Copy Services
2192 122.86 *4 Anne Koletzke Reimbursement--Copies
2193 119.99 Lab Safety Supply Inc. Field Supplies
2194 62.84 Langley Hill Quarry Rock
2195 935.20 *5 Lanier Worldwide, Inc. Copier Lease
2196 39,809.68 *6 Lasher Auto Center 2 Dodge Ram Pickup Trucks
2197 352.49 Los Altos Garbage Company Garbage Service
2198 456.20 *7 Lucent Technologies Telephone Maintenance Agreement-June
2199 469.99 *8 Lucent Technologies Telephone Lease
2200 436.98 Lucent Technologies Telephone Maintenance Agreement-July
2201 2,800.00 Macias, Gini&Company Auditor Services
2202 475.90 MCI Worldcom Telephone Services
2203 375.26 Paul McKowan Reimbursement--Volunteer Event Supplies
2204 559.29 MetroMobileCommunications Radio Maintenance&Repairs
2205 570.00 Micro Accounting Solutions Computer Consulting Services
2206 575.38 National Fire Fighter Corp. Fire Safety Supplies
2207 27.15 Northern Energy Propane Service
2208 874.05 Office Depot Office Supplies
2209 647.01 Office Helper Office Supplies
2210 799,000.00 Old Republic Title Company Silva Acquisition
2211 100,000.00 Old Republic Title Company Russian Convent Acquisition-Deposit
2212 3,400,000.00 ... Old Republic Title Company Russian Convent Acquisition
2213 763.05 Orchard Supply Hardware Field Supplies
2214 11.34 Orlandi Trailer, Inc. Light Repair Parts
2215 1,512.91 Pacific Bell Telephone Services
2216 30.00 The City of Palo Alto City Council Agenda Annual Fee
2217 7.35 City of Palo Alto Utilities Utilities
2218 521.86 Panko Architects Administration Office Remodeling
2219 387.23 Pastorino Hay Restoration Materials
2220 250.00 *9 Petty Cash Volunteer Event Supplies
2221 1,440.65 PIP Printing Printing Services
2222 1,000.00 Popish Appraisal &Consulting Appraisal Services
2223 51.43 Pringle Tractor Co. Tractor Maintenance Parts
2224 59.54 Pro-Flame, Inc. Propane Tank Service Maintenance
2225 255.64 Pitney Bowes Credit Corporation Postage Machine Lease
2226 97.27 Precision Engravers Name Tag Engraving
2227 23.00 Public Sector Job Bulletin Subscription Renewal
2228 12.00 Rancho Cobbler&Cleaners Zipper Replacement
2229 28.53 Recreational Equipment, Inc. Uniform Supplies
Page 2
Claims No. 00-13
Meeting 00-21
Date: July 26, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2230 24.55 Rana Creek Habitat Restoration Shipping Fee for Restoration Seed
2231 21.17 Rancho Hardware Wasp Spray
2232 631.94 Redwood General Tire Co., Inc. Tires
2233 1,394.00 Eric Remington Wildlife Assessment Services
2234 1,138.66 Roy's Repair Service Vehicle Maintenance&Repairs
2235 822.75 Russ Enterprises, Inc. Signs
2236 88.50 Safety-Kleen Systems, Inc. Solvent Tank Service
2237 279.44 Sandra Sommer Reimbursement--Office Equipment
2238 30.00 Santa Clara County Training Officers Association Annual Membership-D. Sanguinetti
2239 283.90 Shell Oil Fuel
2240 35.18 Signworks Company Signs
2241 3,894.06 Steven W. Singer, M.S. Sierra Azul Inventory&Assessment Project
2242 246.45 Skyline County Water District Water Service
2243 1,200.00 Slaght Living Trust Ranger Residence Rental Agreement
2244 81.30 Stevens Creek Dodge Vehicle Repairs
2245 13.40 Staples Office Supplies
2246 1,181.01 Summit Uniforms Uniform Supplies
2247 20,217.88 T.K.O. Construction BCR Demolition Project
2248 2,858.00 Thoit's Insurance Additional Liability Insurance
2249 16.13 Turf& Industrial Tractor Supplies
2250 16.44 Union 76 Fuel
2251 807.39 United Rentals Rental Equipment-Tractor for Mowing
2252 225.00 Verio Internet Service Provider
2253 36.34 Verizon Pager Service
2254 3,275.85 VISA 150.78 Field Supplies
540.04 Enterprise Rental Appliance
1,553.83 Volunteer Event Supplies
216.50 Resource Documents
595.00 Seminar-D. Dolan
111.00 Postage
108.70 Nature Center Supplies
2255 225.50 Whitmore, Johnson&Bolanos Legal Services
2256 176.24 West Group Payment Center Legal On-line Services
2257 151.95 Michael Williams Reimbursement-Vehicle&Business Expense
2258 600.00 Roberta Wolfe Recording Services
2259 200.00 Woodside&Portola Private Patrol Windy Hill Parking Lot Patrol Services
Total 4,475,809.39
*1 Urgent Check Issued July 14, 2000
*2 Urgent Check Issued July 13, 2000
*3 Urgent Check Issued July 12, 2000
*4 Urgent Check Issued July 07, 2000
*5 Urgent Check Issued July 17, 2000
*6 Urgent Check Issued July 12, 2000
*7 Urgent Check Issued July 14, 2000
*8 Urgent Check Issued July 14, 2000
*9 Urgent Check Issued July 19, 2000
In the event the Agenda Item is not approved, this claim will not be processed.
Page 3
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
From: C.Britton,General Manager
Date: July 26,2000
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
Sti AL OF T�F
7850 County of Santa Cruz
BOARD OF SUPERVISORS
s RAM
11!V TA C iv 701 OCEAN STREET, SUITE 500,SANTA CRUZ,CA 95060-4069
(831)454-2200 FAX: (831)454-3262 TDO: (831)454-2123
JANET K. BEAUTZ WALTER J. SYMONS MARDI WORMHOUDT TONY CAMPOS JEFF ALMQUIST
FIRST DISTRICT SECOND DISTRICT THIRD DISTRICT FOURTH DISTRICT FIFTH DI CT
July 21, 2000 D E ly LS
Keith Steinhart , Project Officer 2F
State Department of Parks and Recreation
Local Services Section
P.O. Box 942896
Sacramento, CA 94 2 9 6-0 0 01 MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
RE : MIDPENINSULA REGIONAL OPEN SPACE DIS GRANT
APPLICATION LAND AND WATER CONSERVATION FUND PROGRAM
BAY AREA RIDGE TRAIL ALIGNMENT AT SARATOGA GATEWAY
Dear Mr. Steinhart :
The Midpeninsula Regional Open Space District is applying for a
$30, 105 Land and Water Conservation Fund (LWCF) grant in order to
construct a 1 . 75-mile segment of the Bay Area Ridge Trail and
improved parking area at its Long Ridge Open Space Preserve . I
am writing to express my strong support for this project, and to
urge you to ensure that this project receives funding.
One of the key benefits of this proposed trail is that it will
provide an important hiking and equestrian connection from
District lands in the South Skyline area to Castle Rock State
Park and the regionally significant Skyline-to-the-Sea Trail . As
priority is given to projects that meet the LWCF criteria of
providing hiking and equestrian access within a recreational
corridor, this project is an exceptional candidate . This will
provide an alternative but much needed segment of the Bay Area
Ridge Trail that will parallel an existing segment of the Ridge
Trail that is very heavily used by mountain bicyclists . District
patrol staff and visitors have frequently expressed concern with
the high level of mixed usage on the existing segment . Provision
of this new parallel alignment along the Skyline corridor will
allow hikers and equestrians the opportunity to avoid these
multiple-use issues and have a safer and more enjoyable visit
while providing a connection to other regional public lands and
trails .
This project is an important element of the Bay Area Ridge Trail,
meets the needs of the diverse types of use on District lands,
creates connections to regional trails, and meets the criteria of
the LWCF. Please give this project your careful consideration
and support for funding.
Si cerely,
J ET K. BEAUTZ, pervisor
First District
JKB :pmjp
cc : ✓Midpeninsula Regional Open Space District
2454C1
Santa Clpra Valley
Water-
• 5750 ALMADEN EXPWY
SAN JOSE, CA 95 1 1 8-3686
TELEPHONE (408) 265.2600
FACSIMILE (408) 266-0271
www.scvwd.dst.ca.us
AN EQUAL OPPORTUNITY EMPLOYER
July 14, 2000 D E C E
JUL 1 9 TO"JE
Mr. Craig Britton
Midpeninsula Regional Open Space District
330 Distel Circle MIDPENISPACEADISTRICAL OPEN
Los Altos, CA 94022-1404
Dear Mr. Britton:
It was a pleasure having the opportunity to present the Santa Clara Valley Water District's Clean,
Safe Creeks, and Natural Flood Protection Program on Wednesday, June 28, 2000.
I appreciate you and your Board of Directors taking the time out of your busy schedule to allow us to
brief them on the benefits of our proposal to the community.
The support of the Midpeninsula Regional Open Space District is vitally important for the success of
this future program. I hope that the Midpeninsula Regional Open Space District will endorse
sending this important program to the Santa Clara County voters.
In regards to you're concerns of the Stanford Land Use Plan and the monitoring of creeks for
violations on Stanford land, we received the Draft Environmental Impact Report (DEIR) for the
Stanford Community Plan/General Use Permit from the County of Santa Clara the week of
June 27th. It is now being routed to various District units for review and comment. Our comments
on the Notice of Preparation of the DEIR, in a letter dated January 6, 2000, included the following
requests:
(A) To reserve an area near Page Mill and Foothill Expressway as a possible detention basin,
(B) That both the total volume and peak flow timing be considered,
(C) Buffer zones between resource conservation areas and active development be discussed,
(D) To include evaluations of changes in surface water and runoff water quality for any
reasons, not just construction-related,
(E) To consider flooding impacts on all associated watersheds upstream and downstream of
the project boundaries,
(F) To include more than Resource Conservation in watershed management, and
(G) To note that a District permit is required for specific work within 50 feet of top of bank.
On the issue of monitoringcreeks for violations we do not specifically "monitor" r k c ee s for
violations. When a violation is reported to us by residents, other District staff, or by virtue of
observation, we institute our usual process of correcting the violation. This includes Stanford lands,
and all other lands as well. Please feel free to contact Mr. Bill Springer at (408) 265-2607,
extension 2259, if you have any questions.
As far as barrier removal, at this time there are no plans for barrier removal on Los Gatos Creek. The
combination of poor habitat and the thermal impacts created by Vasona don't create many reasons to
manage Los Gatos Creek for anadromous fisheries. Barrier removal is typically very expensive and
with Los Gatos Creek being a moderate priority, there are no plans to remove barriers at this time.
4; recycled paper
Mr. Craig Britton 2 July 14, 2000
Please feel free to contact Mr. Scott Akin at (408) 265-2607, extension 2060, if you have any
questions.
For outreach purposes the District employs nine full-time staff to provide public information support
for the entire organization and direct programs for the public including media relations, school
programs, and issue-specific outreach and community relations. Five hundred, five thousand dollars
in services and supplies has been budgeted to implement general outreach and school programs for
2000-2001. (Project specific outreach is not included in this figure). I am also sending you a copy of
the outreach survey results. Please feel free to contact Ms. Mala Magill at (408) 265-2607,
extension 2000, if you have any questions.
Thank you again and I look forward to working with you on issues of mutual concern.
If you have any additional questions, please contact me at (408) 265-2607, extension 2736, or my
staff, Mr. Ngoc Nguyen, extension 2632.
Sincerely,
f James M. Fiedler
Deputy Operating Officer
Watershed Management Division
ii
J
Peninsula Open Space Trust
For Immediate Release July 19,2000
POST Acquires Option
On 1 ,700 Acres of Coast Land
Record $39 NUIlion to he paid for Bolsa Point Ranches
Menlo Park,CA--The Peninsula Open Space Trust(POST) announced today that
it has acquired an option to purchase 1,719 acres of coastline,prime agricultural land and
grassland on the San Mateo Coast for$39 million,the most ever paid by a nonprofit land
trust to purchase open space in the Western United States.
The unique property,known as the Bolsa Point Ranches, includes three separate
parcels of land, all located on Highway I just south of Pescadero. Combined with
neighboring parkland and open space,the purchase will create nearly 54 square miles of
contiguous open space,
"This is the most expensive property we've ever purchased, and certainly one of the
most important,"said Audrey Rust,POST President, "We're working to prevent
development and preserve the open, rural character of the incomparable southern San
Mateo Coast. Because of the existing number of separate,legal lots involved, these lands
could have been developed into 51 very large,very"pensive trophy homes.
"The Bolsa Point Ranches,when linked with existing parkland and open space,will
significantly expand the amount of permanently protected open land along the coast. This
acquisition creates 14 miles of contiguous open space just east of Highway 1, and 10 miles
of prime,unspoiled beaclifront."
POST has been interested in the property since its purchase of the adjacent
Cloverdale Coastal Ranch in 1997.
- more-
3000 Sand Hill Road.,4-135
Mmlo Park,Califomm 94025
Tel (650)854-7696
FaX (650)854-7703
WVW openspacetrust org
ri Paper
POST
Page 2
"By acquiring this property,we've accomplished several important objectives,"
Rust said. "We have preserved a long stretch of beautiful beaches west of Highway 1
which have been in private use. When POST recoups our expenses through donations and
grants,we intend to turn this property over to a public agency that will manage it,arrange
for appropriate access,and make these beaches public."
POST acquired the option to purchase Bolsa Point Ranches by agreeing to pay S39
million over the next 18 months. The initial installment of$13 trillion will be borrowed
from POST's land acquisition fund,moneys the organization needs to replenish through
private contributions.
"Fund-raising is a major element in our land protection strategy,"said POST Board
of Directors chairman,Dianne McKenna. "The Bolsa Point acquisition illustrates why
POST needs a healthy and substantial land fund. There were several competing offers for
this property. We had to have capital on hand to move quickly. As land prices on the
Peninsula simply skyrocket,POST sees that we are all on the brink of losing our Coast to
private development,unless we act immediately_"
"We have serious work to do on the Coast,"agreed Rust. "The Bolsa Point
purchase,just a month after our Whaler's Cove acquisition,signals our intention to
continue an aggressive land-savingprogram to save this very special part of the world.
Including this purchase, we calculate that saving the remaining San Mateo Coast open
c a space will rice t of$200 million.
p � p �
"It's knowing that the San Mateo Coast is the very last undeveloped coast next to a
major metropolitan area that propels us. It is absolutely critical that we raise this money
and make every effort to protect these lands as permanent open space."
The Bolsa Point Ranches property is divided into three parcels. The northernmost
ranch, Peninsula Farms,is Iocated just south of Pescadero Marsh and includes prime
agricultural land currently farmed in leeks and artichokes. Its 141 acres offer spectacular
views of the coastline from the Pigeon Point to Pillar Point Lighthouses.
POST
Page 3
The largest parcel,Bean Hollow Farm,includes 1,490 acres stretching from Bolsa
Point across Highway I up to the mesa adjacent to Cloverdale Coastal Ranch- Important
farmland and a beachfront portion at Bolsa Point feature scenic vistas and a sweeping,
sandy beach,previously reserved for private use. The larger portion east of Highway I
consists of grassland,the Lake Lucerne reservoir, and sloping terraces where artichokes
and brussel sprouts are farmed.
The 88-acre southernmost parcel,Lighthouse Ranch, includes three-quarters of a
mile of beaclifront adjacent to the Pigeon Point Lighthouse. As a result of this purchase,
and last month's purchase of Whaler's Cove,POST has now protected all the land
surrounding the historic lighthouse.
By acquiring Bolsa Point Ranches,POST has also obtained essential water rights.
The ranches control all the water rights to the Lake Lucerne Water System,including
100%of the appropriative water from Little Butane Creek,which flows through Butano
State Park. The property also controls 50%of the water rights to Gazes Creek,one of the
most important steelhead and endangered coho salmon streams in the state. Additionally,
POST will now own all of the water tights for its Cloverdale Coastal Ranch property.
The agricultural land on Bolsa Point Ranches will continue in field crop farming,
Rust noted. Existing structures on the property including barns,equipment sheds,and
farm labor housing, will be evaluated for potential restoration or removal.
POST is a leading private,nonprofit land trust dedicated to preserving the beauty
and character of the Peninsula's natural resources. Since its founding in 1977,the
organization has been responsible for saving,more than 40,000 acres as permanent open
space or parkland in San Mateo and Santa Clara Counties.
For more information: Audrey Rust,Mary Shields(650)854-7696
9/r 61�ZAN I MVAV�
I +
Peninsula Open Space Trust
Bolsa Point Ranches
1
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June 19,2000
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9/0 'd 61LZAN OOSSV MVAVO WdLZI 00N '61 " In0
July 19 , 2000
To : Palo Alto Council and Planning Commission
From : Nonette Hanko
Subject : Draft E. I.R. for Stanford Community Plan
Dear Members of the Council and Commission
Following are four points I wish to raise concerning the Santa
Clara County Draft E.I.R.
1. ) Figure 4.1-2 is a map which depicts the Coyote Hill area. This map
should be revised to show the actual catagory boundaries. Please com-
pare the Palo Alto Comprehensive Plan map ( see attachment ) which
shows the continuation of the Research Park across Foothill Expressway
and continuing westerly along Arastradero Rd. The lands which should
be shown in Figure 4.1-2 as Coyote Hill are Coyote Hill itself and ad-
jacent undeveloped lands separated from the Research Park by the City's
Urban Growth Boundary. These undeveloped lands which are under the
city's jurisdiction are zoned Agricultural Conservation ( A-C ) which
permits the grazing of horses and related uses.
In relationship to this, pages 4.1-5 and 6 of the E. I.R, text
catagorize Stanford Lands in City of Palo Alto: listing Medical Center,
Shopping Center, and Research Park but not Coyote Hill . It would seem
appropriate for the text to match the map. Also appropriate , since these
lands are in Palo Alto's jurisdiction , for the City's Planning Department
to suggest wording for the text of the Coyote Hill catagory; and to recommend
that the city's adopted Urban Growth Boundary as it pertains to Stanford
lands be shown as extending from Deer Creek and Foothill Expressway
to Ara stradero Rd. ( see attached map ) .
2.) Palo Alto 's Agricultural Conservation Zone District ( A-C ) adopted
by the City in 1973 for the Coyote Hill undeveloped lands would be a good
starting point for discussions with the County on proposed zoning for all
Stanford lands in Palo Alto's sphere. It ought to include existing agricultur-
al.uses and a definition of Field Study, and should be applied to foothill
lands .
3. ) Since thr E.I.R. points to amendments to the three-party interjuris-
dictional agreement, I wish to strongly recommend that there be no permit
exemption for projects of 5 ,000 gsf and less . Even four separate projects
if located close together or on ridge tops or other scenic locations;bould
completely destroy the beauty we are all interested in preserving. No
exemptions should be permitted.
4.) Finally, 1 would like to see the Stanford Community Plan
considered as a cluster development project ; with the Core Campus
considered as the permitted development { whichever Alternate is
chosen and the Stanford foothills as the mitigation required for
the Core Development,
Good Luck,
Nonette Hanko
I
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Stanford
University
' Sc� r r •
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Fib.7361671graphcs%ExL1J Date.W02000
Commercial
EXISTING LAND USE DESIGNATIONS Palo Alto
University Lands-Academic Reserve and Open Space P
University Lands-Campus Sta ord
Sho ping ,
C nter
To &Country Residential
Stanford U versity I hopp Center Palo Alto
Housi in Stanford 1 Pal to
Palo Ito Medical High Sc I
Center
Residential
Menlo Park
- _
Campus
ommercial
Core
Palo Alto
�-f
St
Stanford of
Linear
Accelerators .� 4 s
San Mateo County
f Foothills
f` a4; Stanford
Research
Park
i.
- �ei
Coyote
!?ap
Hill f
Residential
Portola Valley
Residentia`I
Los Altos Hills
Open Space _
Santa Clara County -
Sources:Santa Clara County General Plan,1995
EXISTING PARSONS
Stanford University FIAFILAND BgpTNO
CP/GUP Project EIR DEVELOPMENT AREAS a AFigure 4�r INC.c
STA, jRD UNIVERSITY COMMUNITY PLAT _NERAL USE PERMIT EIR
LAND USE
�. The northern area of the core campus and the golf course are currently designated as
University Lands/Academic Reserve and Open Space in the Santa Clara County General
Plan. This designation is applied to the land bordering El Camino Real, the golf course,
and the main entrance to the campus bordered by Serra Street, Lomita Drive and Lasuen
,L Street, known as the Arboretum. This General Plan designation allows uses which are
compatible with the existing character of land and its resources — open space and low
intensity uses limited to instruction and research; faculty, staff and student housing; and
uses ancillary to the allowable uses. The zoning is Al.
l
�I Foothills in Santa Clara County
� I The Stanford foothills in Santa Clara County are located south of Junipero Serra
Boulevard and mostly between Alpine Road on the west and Page Mill Road on the east
to the Palo Alto city limits. However, additional Santa Clara County foothill lands are
located east of Page Mill Road from JSB to Interstate 280. The General Plan land use
—designation for the foothills is Academic Reserve and Open Space. County zoning for
these areas is Al-20S, which is a slope density combining district with the same allowed
_ uses as the Al Zoning District. However, the average land area per dwelling unit or
parcel is determined by a formula calculating the average slope of the parcel as a
percentage. Where the average slope is in excess of 50 percent, the average land area per
dwelling unit is 160 acres. The minimum lot size for any development is 20 acres.
t; The Academic Reserve and Open Space designation is described as lands outside of the
core campus area which currently have an open space character or use, or a low-intensity
academic use. These lands are identified as important for their scenic beauty, visual
relief, grazing, and wildlife values, as well as their academic potential.
Stanford lands south of Junipero Serra Boulevard are largely undeveloped. Existing land
uses include a small row of single family homes along JSB, portions of the Stanford golf
course, and research facilities, which include the Center for the Advanced Study in the
Behavioral Sciences, and an observatory. Although the foothills are not formally
designated for recreational use, many campus residents and other community members
use the foothills for that purpose.
Stanford Lands in City of Palo Alto
Medical Center �2m7�- Cc �+�`1m4ccIE.
-- —' The Stanford University Medical Center is located within the City of Palo Alto and
includes portions of the School of Medicine, Stanford Hospital, the Lucile Salter Packard
Children's Hospital, and associated clinics. The medical center's land use designation is
Major Institution/Special Facilities and includes institutional, academic, governmental,
and community services and lands that are either publicly owned or operated as non-
profit organizations. The Medical Center is located to the west of the core campus area
and mostly between Campus Drive West and Welch Road.
JUNE 23, 2000 PARSONS PAGE 4.1-5
I
S) ...+FORD UNIVERSITY COMMUNITY PLH..iGENERAL USE PERMIT EIR
LAND USE `
Shopping Center if{
The Stanford Shopping Center opened in 1956 and is located within the City of Palo
Alto. The shopping center includes 70 acres of Stanford lands located to the south of El
Camino Real and west of Quarry Road. The shopping center's land use designation is
Regional/Community Commercial. This land use designation includes larger shopping
centers and districts that have wider variety goods and services than neighborhood
shopping areas. The shopping center is accessed from El Camino Real, Sand Hill Road,
Arboretum Road, and Quarry Road.
Research Park
The Stanford Research Park was created in 1951 in response to the demand for ind
ustrial
dustnal
land near university resources and an emerging electronics industry tied closely to the
School of Engineering. Today, the park is home to more than 150 companies in
electronics, software, biotechnology and other high-tech fields. Research and
development and service companies occupy some 10 million square feet in more than 160
buildings. The research park is located within the City of Palo Alto and has a land use
designation of Research/Office Park. This land use designation includes office, research,
and manufacturing establishments whose operations are buffered from adjacent
residential areas. Other uses that may be included are educational institutions, child care
facilities, and compatible commercial services.
San Mateo County Lands
San Mateo County lands include the area immediately west of the Santa Clara County
line on both sides of Interstate 280. Most of these lands are undeveloped with the
exception of the Stanford Linear Accelerator Center (SLAC). SLAC is operated by
Stanford under contract with the U.S. Department of Energy. A staff of about 1,300
includes 150 Ph.D. physicists. Typically 800 physicists from universities and
laboratories around the world participate in the high-energy physics program, and another
800 scientists from universities and industries are active in the synchrotron radiation
program.
In addition to SLAC, Stanford owns and maintains the 1,190-acre Jasper Ridge
Biological Preserve. The Preserve is located in the eastern foothills of the Santa Cruz
Mountains. The Preserve provides refuge to native plants and animals, educational
experiences to students and docent-led visitors, and a rare natural laboratory for
researchers from all over the world. The Preserve encompasses remarkable geologic,
topographic, and biotic diversity within its boundaries, including one of the few formally
preserved serpentine grasslands in the world and the only freshwater lake in California
managed primarily for research and instruction. These unique features, along with the
Preserve's chaparral slopes, mixed evergreen forests, oak woodlands, and freshwater
wetlands, provide researchers, students and visitors with an opportunity to experience
many of the ecosystems that were once extensive in this part of California. [
i
II
JUNE 23, 2000 PARSONS PAGE 4.1-6
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
From: C.Britton,General Manager
Date: July 21,2000
Re: FY1s
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail:mrosdoopenspace.org • Web site: www.openspace.org
Regional Open . - ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
l �
To: C. Britton, General Manager
*P,,.C (.,-)
From: M. Williams, Real Property Representative
Date: June 12, 2000
1
Subject: Zion Lutheran Church Property Addition to Sierra Azul Open Space Prese
The Gift Deed for the subject transaction was recorded on May 12, 2000 and title to and possession of
this 1.89 acre parcel passed to the District.
I am not aware of any use and management concerns that were not addressed in the staff report to the
Board. In accordance with the public notification policy, and since there were no public and/or
adjoining owner comments which might require amendment to the use and management
recommendations, close of escrow marks the final adoption of the preliminary use and management
plan recommendation as tentatively approved by the Board of Directors at their meeting of May 10,
2000.
DEDICATION/ACQUISITION CHART INFORMATION
Ownership Status: Board Approval
Preserve/Area County/A.P.N. Grantor Acres Fee, Easement, Lease, Date/Res. No.
Mgmt. Agmt.
Sierra Azul 562-24-058 Zion Lutheran 1.89 Fee May 10, 2000
lilt. Umunhum 562-24-061 Church 00-25
Mgmt. Status:
Dedication Date/
Status:
Closing Date (Open, Closed, CMU, Type Purchase Price/Value GIS Code
or Other) (Intended
Withheld)
May 12, 2000 1 Closed Withheld Gift $5,000 (value)
Misc. Notes:
cc: Board of Directors
D. Dolan
Operations
Accounting
Planning
Proposed Zion Lutheran Church Gift
Santa Clara County
r.'
Proposed
j Zion Lutheran Church Gift `--- _
Slerra (1.89 acres)
Open Space Preserve t ''
4 MROSD _ MROSD
I
Santa Clara County
1
Sierra Azul
Open Space Preserve
� f
I
1
0 2000 4000 Feet "
EXHIBIT 1
MEETING DATE: 7/10/00
low N of
ITEM NO.
COUNCIL/AGENCY AGENDA REPORT Q
°s °5 V .
� 0.
DATE: JUNE 26,2000 � 1
TO: MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY MiGPENINSU:A REGlCNAL C'r1'.
FROM: TOWN MANAGER/EXECUTIVE DIRECTOR IaJ -
SUBJECT: CONSIDER REQUEST BY PENINSULA OPEN SPACE TRUST (POST) TO GRANT
$50,000 TOWARD THE PURCHASE OF 805 ACRES OF BEAR CREEK REDWOODS
RECOMMENDATION:
Consider request by Peninsula Open Space Trust(POST)to grant$50,000 toward the purchase of 805 acres of Bear
Creek Redwoods.
DISCUSSION:
During the budget hearing,POST requested that the Town provide$50,000 for the purchase of 805 acres of Bear Creek
Redwoods. The Council agreed to donate$12,000 at the time that the park is made open to the public. This is the
same amount Monte Sereno agreed to donate. It should be noted that unlike Monte Sereno,Los Gatos has several parks
and therefore spends a significant amount on park maintenance each year. In addition,Los Gatos spent more than a
million dollars (present value)helping the Open Space District purchase St. Joseph's Hill. At the June 19 Council
meeting,this request was revisited and a motion to consider increasing the donation to$50,000 was supported by two
Council Members. Since two other Council Members were not present,Council requested that this issue be considered
once again at the July 10 Council meeting.
The June 19th staff report referred to the Redevelopment Agency as a possible source of funding. Under the Los Gatos
Redevelopment Agency's pass-through agreement with the Open Space District, approximately$12,000 to $16,000
per year is passed through from the agency to the District. Under the agreement,this money must be used to purchase
open space in the general area of the Agency. With the agreement of the District,this money could be used to help
purchase the 805 acres of Bear Creek Redwoods.
Another source of funding,should the Council decide to fund some or all of this request,is the Reserve for Open Space.
This reserve was established for two reasons: first to provide a fund,the interest from which could be used to offset
the cost of maintenance of the 88 acres donated to the Town as part of the Summer Hill Development,and second to
purchase open space.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA,and no farther action is required
Attachment: June 28, 2000 letter from Joe and Lori Fabris
cc: Pete Siemens, MidPemnsula Regional Open Space District-330 Distel Circle, Los Altos CA 94022-1404
PREPARED BY: DAVID W. KNAPP
Town Manager/Executive Director
DWK:pg
MGR171 A:\cnclrpts\7-10-1.bearcreek.wpd
Reviewed by: Attorney Revised: 7/6/00 5:04 pm
• Reformatted: 7/14/99 0
• 24130 Summit Woods Road
• Los Gatos,Calforma
95033
408-353-2602
• joefabns�--
Joe & Lori Fahis
June 28, 2000
Los Gatos City Council
110 E. Main Street
Los Gatos, CA 95032
Dear Council Members,
We understand that the Los Gatos City Council is reviewing a request to endorse the Peninsula Open
Space Trust(POST)and its Bear Creek Redwoods project. As Los Gatos residents and POST
supporters,we wholeheartedly support a resolution by the city council contributing funds to this
worthwhile project.
My wife,Lori,and I live in the vicinity of the Bear Creek Redwoods property. We truly are
committed to protecting and preserving this magnificent open space. Not only is this open space
important for environmental reasons such as wildlife habitat,but also for the aesthetic value of Los
Gatos. We believe that many people visit our town because of its location and the rural feel the
mountains lend to it. Taking away these views will change the overall appeal Los Gatos has worked
so hard to establish.
We therefore appeal that the Los Gatos City Council move to approve a contribution of$50,000 from
town funds to POST for the Bear Creek Redwoods project. Matching funds may be available to
enhance such a contribution, making it a splendid investment in the future of all Los Gatos residents.
Additionally,it might encourage some more of our able citizens to become involved in the future of
their city.
Respectfully,
Joe Fabris Lori Fabris
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
No Matter Where You Go, Where You Are"
� .
Regional
�
�
. en ace_ _ _
MNDPENING0LA REGIONAL OPEN SPACE DISTRICT
June 29, 2000
Honorable Gray Davis
Governor, State of California
State Capitol
� Sacramento, [A 95814
�
Fax # 916-445-4633
�
Re: Support for Budget Line 3790-101-0001, Project#160, in /\8 1740
Member's Request by Assemblyman Lennpert
Dear Governor Davis:
Within /\B 1740, the State budget bill now before you, is a nmern6er's request by/\nsernb|yrnan Ted
Lennpert related to funding for public trails and open space access improvements. The k4idpeninsu|a
Regional Open Space District (MRCJS[>) in seeking this funding for avery important trail and public
recreational access project consisting of the development and improvement of trails and staging areas
associated with the defunct and un-used California Hiking and Riding Trail (CHRT) system.
Assemblyman Lenmpert's1997 bill, /\01366, gave MRC)SDand the County of San Mateo the
ability to receive from the State selected easements in San Mateo County comprising the remnants of the
CHRT system. The District has not yet pursued transfer of these easements, choosing instead to first work
toward matching funding that would allow development and improvement of the re/abed public trails and
staging areas. This year's budget includes line item in the amount of$3OO,OOO in matching funds for
MNC}S[>, which will allow the District to implement the development of some sections of the former
[HQToystern trails and public trail head parking construction.
The ongoing maintenance and operation of these facilities will be funded entirely by the District.
Without additional funds, the public may not have the opportunity to fully utilize these trail systems in the
foreseeable future. Matching (1:1) funds from the State will allow the District to take full advantage of the
public access and trail-use opportunities that these trail easements and associated staging areas will
provide and implement a portion of the CHRT oyotann as originally envisioned by State Parks .
� With these matching funds, the District can proceed with acquiring the easements and can
accomplish the following:
� .
* Improvement to or construction of up to nine miles of public trails to accommodate existing and
new public access, including the potential for 5.5 miles of Bay Area Ridge Trail along portion of
the CHRT system (estimated cost: $78,000);
° Construction of staging area for the 2,800-acre E| Corte de Madera Creek {]pen Space Preserve,
one of the District's most-visited preserves. The public will be provided with a parking area,
rastroorns, visitor information map boards, new trail connections kzthe Bay Area Ridge Trail and to
the preserve's internal trail system (estimated cost: $285,000);
w Construction of regional staging area for the 2,000-acne La Honda[reek Open Space Preserve.
This preserve currently has minimal trail access points and parking. This project will provide the
public with parking areas, neytnmqnms, visitor information map boards, new tnai|heads connecting to
the Bay Area Ridge Trail (6urnnerCHNT easements), to planned trails from the Skyline area to the
coast, and to the preserve's internal trail system (estimated cost of this element: $585,000);
| ]3OOime|Circle ° Los Altos, [A94022-l404 ° Phone:650'691-1200
�
FAX:�65O'691-0485 ° Emai|�mn�J�open�paceor� ° VYebsi���site:E-mail: � www.openspace.org
' Board o(Directors:Pete Siemens,Mary[Davey,led Cyr,Deane Little,w^nr«oHanko'Betsy Crowder,Kenneth c.mitz "General Manager:L.Craig Britton
|
June 28, 2000 Page 2
Honorable Gray Davis
• The total estimated cost of the above projects is $915,000; the budget item was originally for 1:1
matching funds of $450,000, but was reduced by legislature to $300,000, which would require
downscoping the project somewhat, but still make the major portion of this project possible
I hope that you will lend your full support to this extraordinary opportunity. Our goal is to finally provide
the public with an appropriate, timely, and much-needed use of sections of the abandoned CHRT system.
Your support of this line item in AB 1740 will illustrate your long-standing commitment to preserving
California's environment and providing recreational opportunities for its citizens. If there is any other
information you would like on this issue, please feel free to contact District General Manager Craig Britton
or Assemblyman Lempert.
Thank you for your dedication to and support of open space and public trails programs throughout
California.
Sincerely,
Kenneth C. Nitz
President, Board of Directors
KN/Icb/mcs/Ic
cc: MROSD Board of Directors
Assemblyman Ted Lempert
Ralph Heim
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 7, 2000
Planning Commission
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Re: Lands of Kerns, 11890 Francemont Court
Honorable Planning Commission Members:
The Midpeninsula Regional Open Space District has worked for many years to preserve
the natural resources in this area for the appreciation and benefit of present and future
generations. We have reviewed the revised site development plans for 11890
Francemont, and note that the project remains largely unchanged from previous
submittals. The District continues to be concerned that the proposed project is
inconsistent with the letter and intent of the Town's General Plan and site development
ordinance. We are also concerned that it will have significant adverse impact on the
resource values in the surrounding community and adjacent public open space. These
concerns were detailed previously in our September 1, 1999 letter, attached for
reference.
It is clear that the Kerns have made great efforts to make their desired project work
within the constraints of the Town's standards and other concerns. However, we
continue to maintain that a house of this size, while seemingly appropriate given the
parcel size, is not appropriate to the chosen site on a visible, steep ridge. The project is
extremely aggressive from an engineering standpoint, excavating a steep, narrow ridge
to replace it with a large, sprawling house, and providing access up the side and top of
the ridge through the extensive use of retaining walls. The driveway design with related
retaining walls would actually be more visually obtrusive than the previously denied
1997 design. The project relies on as-yet-to-be determined landscaping to screen the
home from public open space lands. In our experience, successful revegetation of steep,
dry, sunny locations such as the Kerns property is extremely difficult. We do not
believe that the approach taken in the Conditions 7 and 8 is sufficient to mitigate the
visual impacts of the project on the District's lands. This approach is also not sufficient
to bring the project into compliance with the Town's own General Plan policies.
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 e E-mail:mrosd@openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
City Council
Town of Los Altos Hills
July 7, 2000
Page 2
As correctly represented in the Staff Report, the District does not believe that the
existing pathway easement is suitably located in relation to the adjacent Rancho San
Antonio Open Space Preserve. We would like the opportunity to meet with Town Staff
and the applicant to discuss other appropriate locations for a trail route on the Kerns'
property.
There is a viable building site in the lower portion of the property that would allow the
construction of a house similar to the other houses in the neighborhood, without
extending beyond the current limits of the developable area into the conservation
easement, or requiring an exception from road design and grading standards. On behalf
of the Midpeninsula Regional Open Space District, I urge the City Council to deny this
project application.
Si ere ly, �
L. Cratg Britton
General Manager
cc: Board of Directors
attachment
Regional Open face
2
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 7, 2000
Dr. Mary Hufty
257 Mapache Drive
Portola Valley, CA 94028
Subject: Use Designation of Sausal Trail at Windy Hill Open Space Preserve
Dear Dr. Hufty,
As a follow up to our telephone conversation regarding the trail use designation of Sausal Trail, I
wanted to clarify several items. The District temporarily closes all newly constructed trails to all
but hikers for a period of at least a year to allow the trail tread to stabilize. The trail, therefore,
remained temporarily open to hiking only beginning in the spring of 1999 when the District first
opened Sausal Trail to the public. Staff followed up a year later at a public meeting in January
of 2000 with a recommendation on the use designation of Sausal Trail to the Board of Directors.
At that meeting, the Board of Directors chose to table the item until the Kabcenell driveway (and
bridge) construction project is completed. No decision, therefore, has yet been made on the use
designation of Sausal Trail.
Staff will return with a recommendation on the use designation of Sausal Trail to the Board of
Directors at a public meeting once the Kabcenell project is completed, since their construction
project will ultimately result in several modifications to the existing access and circulation
patterns of the preserve. The new driveway will lead to the realignment of two existing trails
and the reconfiguration of the preserve entrance near the Willowbrook Drive/Alpine Road
intersection. Waiting until the driveway construction project is completed will provide District
staff with an opportunity to evaluate the trail system at Windy Hill Open Space Preserve as a
whole. To date, one trail realignment project has already been completed: approximately 300
feet of trail between Spring Ridge Trail and a section of the Town trail that is located on The
Sequoias property. The remaining modifications will not occur until the new Kabcenell
driveway alignment is fully completed. Meanwhile, Sausal Trail will continue to remain
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton
temporarily closed to all but hikers. By policy, formal action by the Board of Directors is
required to designate trail use for anything other than hiking use.
District staff anticipates that the driveway project will be completed near the end of this calendar
year. Soon after completion, please expect a notice from the District for the public meeting to
address the trail use designation of Sausal Trail. I will confirm that your name is included on the
District's mailing list. If you have any additional questions please contact Ana Ruiz, Planning
Technician, or David Sanguinetti, Skyline Area Superintendent, at (650) 691-1200.
Sincerely,
r C1
1
Michael C. Williams
Real Property Representative
cc: L. Craig Britton, General Manager
John Escobar, Assistant General Manager
David Sanguinetti, Acting Operations Manager
Ana Ruiz, Planning Technician
LCB:AR:MCW
Regional Open ,-)ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 11, 2000
Jon and Nina Else
5600 Alpine Road
Portola Valley, CA, 94028
Dear Mr. and Mrs. Else,
Many thanks for your electronic mail of today's date, supporting the controlled burn which is
scheduled to be held at Russian Ridge on July 18. District staff have been very pleased with the
results of the controlled burns which have been conducted over the last two years, both from the
standpoint of reducing the available fuels and for their effect on habitat enhancement.
Because of the success of the controlled burns over the last two years, combined with favorable
weather, we were treated to a spectacular wildflower display this spring. We will be continuing
to work on improving habitat in Russian Ridge, and other open space preserves.
Thank you for your support of the District. Please feel free to contact me, or any District staff, if
we can be of further assistance.
Sin• rely,
01
L. Craig Britton
General Manager
C.C.: MROSD Board of Directors
LCB/gb
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
- Page 1 of I
Gordon Baillie
From: MROSD <mrosd@openspace.org>
To: Craig <cbritton@openspace.org>
Cc: Gordon <gbaillie@openspace.org>; Stephanie <sjensen@openspace.org>
Sent: Tuesday, July 11, 2000 8:54 AM
Subject: Fw: support controlled burn
Kristi Webb
Public Affairs Assistant
Midpeninsula Regional Open Space District
(650) 691-1200
www.openspace.org
----- Original Message -----
From: <JNElse( aol.com>
To: <mrosd(�openspace.org>; <craig_britton@openspace.org>
Sent: Monday, July 10, 2000 10:15 PM
Subject: support controlled burn
> Dear Craig Britton:,
> We strongly support the upcoming controlled burn scheduled for Russian
> Ridge. As long time home owners living just east of Skyline, we are well
> aware of the continued need for perscribed burning, particularly to reduce
> fuel load. If there is anything we can do to help, please let us know.
> Keep up the good work.
> Sincerely,
> Jon and Nina Else
> 5600 Alpine Road
> Portola Valley, CA, 94028
> (650) 851-7255
7/11/2000
I
BETSY III 133 Mapache Drive
R • r Portola Valley, CA 94028
Phone and Fax: (650) 851-0410
July 18, 2000
To Field Staff and Board Members
Midpeninsula Regional Open Space District
In watching the PBS discussion of a police beating incident in Philadelphia
recently, I couldn't resist contrasting this with the absolutely exemplary behavior of our
rangers during difficult circumstances.
I have watched our rangers in the field when they were challenged by irate or
recalcitrant citizens, whom they were admonishing for breaking our rules. Our
rangers, without exception, have used tact, firmness, sometimes humor, and
persuasiveness to inform the preserve visitor of his infraction, of the reason it is an
infraction, and of the possible consequences of the infraction.
We can be extremely proud of our splendid field staff. THANK YOU!
Santa Clafa Valley
• -
22
5750 ALMADEN EXPWY
SAN JOSE, CA 95 1 1 8-3686
TELEPHONE (408) 265-2600
FACIMILE (4081 266-0271
www.scvwd.dst.ca.us
AN EQUAL OPPORTUNITY EMPLOYER
July 14, 2000
Mr. Craig Britton
�1
General Manager I
Mid peninsula Regional Open Space District `--� __
p g p p MIDPENINSULA REGIONAL 330 Distel Circle OPEN
SPACE DISTRICT
Los Altos, CA 94022-1404
Dear Mr. Britton:
I am writing to invite you to attend the Santa Clara Valley Water District's special evening board
meeting on Tuesday,July 25, 2000, at 7:00 p.m.
As an opinion leader in our community, the Board is interested in your perspective with respect to
our deliberations on possibly sending the District's Clean, Safe Creeks and Natural Flood Protection
Program to the voters of Santa Clara County this November, which will be the focus of this meeting.
As you know, over the last two years, the District has been working with stakeholders, opinion
leaders, and interested members of the community to develop a flood protection and stream
stewardship program that reflects our regions shared values. Our proposed program will serve every
county resident and business by taking a regional approach to flood control, water quality
improvement, watershed management, and environmental enhancement.
By working to keep our roads and highways, schools and businesses safe from flooding, even those
who do not live near a creek or river will benefit. 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, contributing to the quality of life
we enjoy in Santa Clara County.
Thank you for your interest in building a better Santa Clara County. My colleagues and I look
forward to your participation on the 25th.
Sincerely,
Gregory A. Zlotnick
Chair/Board of Directors
NS:gs:0714k
The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County
through the comprehensive management of water resources in a practical,cost-effective and environmentally sensitive manner.
t California Department o Park, ,end Recreation June 2000
- ,. CAST ROCK
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"E� -_NERAL PLAN NEWS
JUNE 2000 NEWSLETTER 47
State Park and Recreation or statewide significance, including the black oak
woodland, redwood forest, white alder forest and
Commission knobcone pine forest, which provides habitat for listed
wildlife species, including potential marbled murrelet
Approves General Plan and peregrine falcon nesting, and spawning steelhead
trout. Visitor access and use within the natural preserve
At its regular hearing on March 8, 2000 in San is limited to authorized trails for hiking and nature walks.
Jose, the State Park and Recreation Commission
adopted the general plan for Castle Rock State General Plan Amendment
Park, and classified a portion of the park as a
natural preserve. The Commission's action includes walk-in campsites
approved the Preliminary General Plan and EIR,
dated February 1999, with the revisions included in The California Department of Parks and Recreation
Addendum #2 dated March 1, 2000. These is preparing an amendment to the approved Castle
revisions essentially removed the proposed Rock SP General Plan to include walk-in campsites at
camping and strengthened the language of the plan Partridge Farm. This amendment is a supplement to the
for resource management, with the goal of EIR prepared for the Castle Rock SP General Plan that
achieving wilderness protection in the natural examines the potential environmental impacts of
preserve. camping, recognizing the concerns the public
expressed for campground development during the
San Lorenzo Headwaters CEQA review of the preliminary general plan.
Natural Preserve The camping component of the plan was withdrawn
from Commission consideration at the general plan
This 1,800-acre natural preserve was hearing due to concerns raised with regard to the
established in the core ecological area of Castle analysis of the impacts of the camping proposal in the
Rock State Park to provide for the recognition and draft plan that had been circulated for public comment.
protection of significant natural resources at the In the Commission's resolution for general plan
headwaters of the San Lorenzo River. This approval, they expressed their support for including the
preserve contains highly significant natural, walk-in campsites to improve access opportunities for
geologic and esthetic resources, including rare visitors in the Partridge Farm area.
tafoni sandstone formations and a diversity of plant
communities and wildlife habitats. Encmmnassed
within the proposed boundaries of the wu._
Preserve are plant communities of local
HION UBEU
California Department of Park, and Recreation June 2000
Project Description • Restroom facilities will be small in scale and
blended into the existing terrain and landscaped
The management intent is to establish with native vegetation. Restroom locations shall be
approximately 20 walk-in campsites in the Partridge based on the overall site plan prepared for the
Farm Area. These campsites will be designed for a Partridge Farm Area, including provisions for day
visitor experience similar to trail camps, but with use and overnight use facilities.
greater accessibility to parking and restroom
facilities. Visitors will be required to walk a The design and layout of campground facilities shall
reasonable distance from a common parking area consider compatibility with other uses and programs
to walk-in campsites situated in a natural setting. (i.e., day use, special activities, operations, natural
Unlike automobile campgrounds, campers will not and cultural resource management, and interpretive
have vehicle parking next to each campsite. programs) identified in the general plan for the
Campsites and support facilities will be designed to Partridge Farm Area.
create an accessible environment for visitors and
minimize visitor impacts on natural and cultural • Pathways connecting campsites to park trails shall
resources. guide users through the least sensitive resource
areas.
As directed by the general plan, an overall
site plan will be prepared for Partridge Farm, with Campsite provisions should be made for people with
the guidance of resource inventories, studies, and disabilities.
review. This site plan will include such
components as: vehicle access, visitor contact, Prior to any facility development, a resource
park office, parking and circulation, day use and assessment and monitoring program will be
overnight use areas, interpretive and operations implemented in order to evaluate impacts and guide
facilities, cultural protection, buffer zones, and future management decisions regarding public
native plant restoration. The proposed campsites access and visitor use in the Partridge Farm Area
would be developed in a third phase of park and its surroundings. Development projects shall
development, only after the first two phases, which include provisions for the restoration and protection
includes day use parking and visitor contact of native vegetation and protection of cultural
facilities. Resource assessment and monitoring will features.
occur in the vicinity of Partridge Farm prior to
development, which is subject to further • A campfire center may be considered in the overall
environmental review. site plan for the Partridge Farm Area.
GOAL: Expand access and overnight
opportunities for visitors.
The map shown on the following page
Guidelines: describes the area of potential development
for walk-in campsites at Partridge Farm.
• Approximately 20 walk-in campsites may be This area also includes the site for day-use
developed for a tent camping experience in the parking facilities proposed in the approved
Partridge Farm Area. Campsites will be set into general plan for this unit. This area shown
a natural setting and accessible by trail to and is considered to be conceptual for general
from developed parking and restroom facilities plan purposes only, and does not reflect the
located out of view from the campground. actual boundaries of proposed facilities
development A future area development
• Overnight visitor parking (approximately 30 plan and detailed site investigations will
spaces) will be screened with native plants and determine actual facilities location and
centralized or clustered away from the walk-in design.
campsites.
Ib
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+ Castle Rock SP General Plan Amendment
PROPOSED WALK-IN CAMPSITES
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36 9
Area of Potential Development
(Includes Day Use & Overnight Use Facilities)
Note: This area is considered to be conceptual for general
planning purposes only, and does not reflect the actual No Scale
boundaries of proposed facilities development. MAP 2
California Department of Park- ,nd Recreation June 2000
Public Review of General Plan Amendment
This General Plan Amendment and Supplemental EIR is available for public review at
any of the following locations:
San Jose Main Library Santa Cruz Public Library Big Basin Redwoods SP
180 W. San Carlos Street 224 Church Street 21600 Big Basin Way
San Jose, CA 95113 Santa Cruz, CA 95060 Boulder Creek, CA 95006
Saratoga Comm. Library San Francisco City Library Santa Cruz District Office
13650 Saratoga Avenue Civic Center 600 Ocean Street
Saratoga, CA 95113 San Francisco, CA 94142 Santa Cruz, CA 95060
Santa Clara Central Library Los Gatos City Library
2635 Homested Road 110 E. Main Street
Santa Clara, CA 95051 Los Gatos, CA 95032
Written comments on this General Plan Amendment and Supplemental EIR must be
received at the Northern Service Center by August 7, 2000. Copies of this amendment or
the preliminary general plan document (February 1999) can be obtained by written
request to the following address:
California State Parks
Northern Service Center
1725 23rd Street, Suite 200
Sacramento, California 95816
For more information, members of the public may call (916) 323-0975. For other
information regarding state parks in the Santa Cruz Mountains, please call
(831) 338-8865.
Park information and previous general plan newsletters can be viewed on the
California State Park's Website (for Castle Rock State Park) at
http://www.cal-parks.ca.gov
.USINCE18.64