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HomeMy Public PortalAbout20001213 - Agendas Packet - Board of Directors (BOD) - 00-34 Regional Open ,!' ee di MIDPENINSULA REGIONAL OPEN SPACeetOliIS W14 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:30 P.M. Wednesday,December 13,2000 330 Distel Circle Los Altos,California AGENDA ROLL CALL 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 *** APPROVAL OF MINUTES ■ October 16, 2000 BOARD BUSINESS 7:35* 1. Legislative Briefing by Ralph Heim —C. Britton 8:00* 2. Proposed Addition of Connor Property to Russian Ridge Open Space Preserve; Determine the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA); Adopt the Resolution Authorizing Purchase of the Connor Property; Tentatively Adopt the Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to Russian Ridge Open Space Preserve; Indicate Intention to Withhold the Property from Dedication as Public Open Space At This Time—M. Williams 8:20* 3. Proposed Third Amendment to Agreement and General Release with the Signatory Landowners of the Montgomery Highlands Association; Proposed Quitclaim of the Old Water System to San Jose Water Company and Grant of Fee Title and Easements to San Jose Water Company for the New Water System; Determination that No Further Environmental Documentation is Required Under the California Environmental Quality Act; Authorize the General Manager to Approve a Permit to Enter Agreement with San Jose Water Company to Construct and Maintain the New Water System, all Associated with the Acquisition of the Krone/Bishop Trust Property for Addition to the El Sereno Open Space Preserve; Determine that no Further Environmental Documentation is Required Under the California Environmental Quality Act Based on the Findings as Set Out in the Report; Adopt the Resolution Authorizing Execution of the Third Amendment to Agreement and General Release with the Montgomery Highland Association Signatory Landowners and Authorizing the Payment of an Additional $500,000 into Escrow for Payment to San Jose Water Company; Adopt the Resolution Authorizing Execution of a Quitclaim of Public Utility Interests and Grant of Easement, and a Grant and Easement Deed to Convey to San Jose Water Company Land and Easements Necessary for the 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:650-691-1200 Fax:650-691-0485 * E-mail:mrosd@openspace.org * Web site:www.openspace.org T Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz * General Manager:L.Craig Britton � Meeting 00-34 Page � | Development of the New Water System; Reaffirm the Authorization for the General Manager W Execute all Necessary Documents for the Closing of the Transaction, Including the [over Letter | Agreement, the Main Extension Agreement and the Agreement for Relocation of Water Facilities � Between the District, San Jose Water Company and the Montgomery Highlands Signatory / | Landowners, Indicate Intention to Dedicate the Remaining Portions of the Property Acquired from � the Krone/Bishop Trust us Public [}pen Space; Authorize the General Manager, Subject to Approval � of the General Counsel, to Issue a Permit to Enter Agreement to San Jose Water Company or its | Successor to Enter the District's Krone/Bishop Property k` Construct and Maintain the New Water� ! � System and Easement Access Road as Described in the Mitigated Negative Declaration and the Staff Report, and to Approve Technical Project Revisions Which are Minor in Nature—C. Britton 8:50~ 4. Appointment of John Macie| as Peace Officer and Removal of Peace Officer Status for John Escobar and Michael Newburn; Adopt Resp|uhon Appointing John Macie| as a Peace Officer; Adopt Resolutions Decommissioning the Peace Officer Status of John Escobar and Michael Newburn — J. Escobar ~*° 5. Amendments to the District's Conflict of Interest Code; Adopt the Attached Resolution Amending the District's Conflict of Interest Code— D. Dolan | � � *** 6. Cancellation Of December 27th Regular Board Meeting And Scheduling Of Special Meeting Of The � Board {)f Directors For December 20, 2O80—[. Britton | *** 7. Authorization for Administrative Office Staff and Area Superintendents to Observe the 2000 � Christmas Eve and Christmas Day Paid Holidays on Monday, Oecember25 and Tuesday, December / � 26, and to Close the Administrative Office During the Week of December 25 Through December 29, | � 2000— O. Dolan � / 9{X}* 8. Administer Oath cf Office Vo Reelected Director, Ward ],Jed Cyr— D. Dolan � � *** REVISED CLAIMS / � 9:05* INFORMATIONAL REPORTQ — Brief Reports or announcements concerning pertinent activities o/ District Directors and staff / � 9:15* CLOSED SESSION � 1. Conference with Legal Counsel — ExisdnQUhQodun —Govemmen Code Section S49S6.9(a) � Name ofCases: Obermayer v, Midl2eninsula Regional Open Space District, � Case No. A088378 Case No. 4O2294 � lU:OO* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ^+ nm ADDRESS THE BOARD: The Choir 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 mutters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board byawritten communication, which the RVuvd appreciates. | ^^^ All items on the consent calendar may beapproved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent � Calendar during consideration of the Consent Calendar. � | Regional Open,*, ce ......................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-27 SPECIAL MEETING BOARD OF DIRECTORS October 16, 2000 MINUTES SPECIAL MEETING I. ROLL CALL President Ken Nitz called the meeting to order at 7:00 P.M. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Deane Little (7:05 p.m.), Peter Siemens, and Ken Nitz. Members Absent: None Staff Present: Craig Britton, Duncan Simmons, Sue Schectman, John Escobar, Lisa Zadek 11. ORAL COMMUNICATIONS Dave Pilling, Canario Way, Los Altos Hills, said there were coyotes in his neighborhood. When he talked to vector control, they said they couldn't help them. He said they can't fire guns and have lost two cats to the coyotes. He asked how they could control such a wild animal population. The vector control people said there is a fair amount of distemper among the coyote population. C. Britton replied that the only coyote trapping the District did was after a child was bitten. The coyotes they caught then all had cat scratch fever. He said the District is not responsible and would not be involved in trapping or killing them. However, staff will try to find out where Mr. Pilling can get help. 111. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. N. Hanko seconded and the motion passed 6 to 0. IV. BOARD BUSINESS A. Agenda Item No. 1 - Workshop to Review the Preliminary Draft Service Plan Being Prepared for the Public Workshops Scheduled for October. 2000 and to Become Ultimately a Part of the District's Local Agency Formation 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 sm-9 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz *General Manager:L.Craig Britton Meeting 00-2'7 Page 2 Commission (LAFCo) Application for the San Mateo County Coastal Annexation -(Report R-00-132). Patrick Miller, 2M Associates, said copies of the draft were sent to the entire mailinglist. He reviewed the Preliminary Draft Service Plan statingthat since , June they had passed all CEQA comments on to Thomas Reed & Associates and some members of the public, and have revised the draft service plan to the current document dated October 6. He said these were guiding principles for how the District will operate within the coastal area. He introduced Terry Watt, a planner, who was also working on the process. He listed significant changes from the previous draft including the following: • Eminent domain prohibited; • Expanded discussion of LAFCO and the criteria they use to evaluate applications for annexation; • Refined language about forestry - District not in forestry business per se; • New section on partnership opportunities; • Wards and representation on the coast. Map of coastal annexation area and existing ward structure; • Section that defines the kinds of services on coast; • Table - outline a timeline; • Proposal is t expand phere of influence and District boundary to coast. A good portion o it is in the coastal plan. Have added a section that says it is not the intent of the District to request any general plan amendments or zoning changes; • Table which described three scenarios, now describes one basic service plan. The proposal as it stands at this time is that the District would annex property with or without a voter-approved funding measure. The basic service proposal (project description) is t expari' to annex the entire coastal area, but work within the current fun mg sources and techniques currently used. Alternative funding scenarios outlined are as follows: (1) There would be an additional voter-approved funding source only within the coastal area. (2) There would be an additional voter-approved funding source within the entire District. Some items that were suggested by letters and comments received after June that they have NOT included in the preliminary plan are as follows: • Any assessments would only be on residential, commercial, and industrial parcels,'not on agricultural lands; • All land and resource management policies are to be made prior to annexation; • Acquisition of agricultural land be only in the form of easements, not in fee simple. They have outlined some assumptions about what percentage of easements would be acquired versus outright acquisition; I, Meeting 00-27 Page 3 • Forestry alternatives - analysis of different forest practices. P. Miller noted that the LAFCo application involves three elements: service plan, CEQA document, and fiscal analysis. He said it was important that when the application goes to LAFCo, they present an accurate picture of the fiscal dynamics of the services being proposed. P. Miller said the new LAFCo law, AB 2838, takes effect January 1, 2001, and this application will not be submitted by then. A lot of the policy statements are elevated, for example the importance of open space is heightened as it pertains to controlling urban sprawl. There are changes in the definition of prime agricultural land. It expands the criteria that LAFCo would use in making their decisions. It specifically says that any information or comments from affected land owners, and any information relating to existing land use descriptions need to be considered. The significant change from the District's standpoint is that in previous LAFCo legislation, the District would have been the conducting authority, and LAFCo is the conducting authority now. P. Miller summarized that they are trying to wrap up the draft service plan, including having a second round of workshops. He said this is not a legal process, but a planning process. They will come back to the Board to accept the draft service plan as the project description. Following that, they can finalize the CEQA document and fiscal analysis. After the CEQA period, there will be comment meetings, then it will go back to the Board for adoption of the plan and certification of the EIR. Finally, the package goes to LAFCo. S. Schectman emphasized this service plan assumes a program of acquisition or management based on existing revenues. The service plan stresses this is a plan to acquire from willing owners without the use of eminent domain. P. Miller said certification of the EIR would occur in March at the earliest. The fiscal plan will be available when the draft EIR is issued as a public document. April, 2 1 P P P 00 would be the earliest that the application could go to LAFCo. S. Schectman said the change in LAFCo legislation could relieve staff of some burden. They will do everything they can to facilitate the process for LAFCo. K. Nitz referred to page 14, next to the last paragraph, and asked if the consulting would take place in meetings. P. Miller said this paragraph meant that staff would be going to meetings in the coastal annexation area. Regarding changing zoning laws, C. Britton said when a public agency buys land that is zoned TPZ, by law, the zoning has to be changed. The District has never initiated a zoning change. Meeting 00-27 Page 4 P. Miller said the 20% number on page 19 ("acquisition of conservation easements will account for approximately 20% of the acquisitions by the District") was not a fixed number. They had worked with staff to reach that figure. He said the 1,720 acres referred to in the last paragraph on page 19 was extrapolated from the District's history. J. Escobar said there are 33 or 34 field staff. K. Nitz asked if the $12 per parcel per year, referred to on page 21, was a fixed amount. C. Britton said it was based on polling done statewide. P. Miller emphasized that this figure is for information, and that the basic service plan is not predicated on any number. Jack Olsen, San Mateo County Farm Bureau, answered questions about the definitions of Class I and Class II prime agricultural land referred to on page 29 of the plan. He said it was a criteria established by the Natural Resources Conservation Service to grade the quality of the soils. However, the San Mateo County Local Coastal Plan has a far more restrictive prime soil designation than either the Conservation Service or what is being proposed by the modifications to LAFCo. N. Hanko asked if prime agricultural land would include forested land. J. Olsen said traditionally forested lands are resource management zoning, or separate timber production zone (TPZ), not prime agricultural district zoning. He said the Storei Index Rating mentioned on page 29 was an NRCS rating system. P. Miller said item 3 on page 29 does include outdoor growing of flowers. Michael Murphy, Rural Coast Open Space Trust, said he would support the plan and do his best to get it accepted with the rural coast. He had two issues, the first being the voting situation. C. Britton informed him that the population of a ward is close to 100,000. Before the next general election, redistricting will take place according to the census figures. M. Murphy said he thought people would prefer to be associated with two wards. He said most people on the rural coast would like urban and rural in separate districts. P. Siemens said he thought it was up to the coastal people to tell the District how they want it to work. M. Murphy said the other issue is taxes. C. Britton said the current property tax rate is 1.7 cents per $100 value. He estimated that would work out to about $100 for a house worth $700,000. M. Murphy said there was a need to tell people up front what taxes might be and whether it will be a District-wide vote. S. Schectman pointed out that on Page 21 of the service plan, it stated that the basic service plan has no tax measure. The hypothetical scenarios in the plan say that if a tax were proposed and were to pass by a 2/3 vote, it is anticipated, based on polling, that the maximum tax would be up to $12 per parcel per year. She said perhaps they should Meeting 00-27 Page 5 say the reasonably foreseeable tax rate is $1 per month. She referred to page 8 of the plan which described the process of presenting a funding measure. C. Britton stressed that the figure of$1 per month was based on previous polling and perhaps they should indicate that the District would do current polling to determine a final amount. P. Miller said they will clarify that section. Erik Huff, Big Creek Lumber, said he was pleased with the new language but was concerned about the difference between limited tree removal and commercial harvest of timber. He said they are facing a diminishing supply of redwoods, and he would hate to see any of it go to waste. C. Britton noted that these are guidelines, not policies. P. Miller said they could add to Guideline G43 that, in such cases, the timber may be sold. E. Huff said that they might want to consider what would happen if there were a lifetime timber harvesting plan on land the District acquired. Henry Rodegerdts, counsel for the California Farm Bureau Federation, said he was assisting the San Mateo County Farm Bureau in connection with their review of this program. He said the Farm Bureau has worked closely with the development of the service plan, and they did comment extensively on the June, 2000 draft. Mr. Miller's summary of the points raised which were not included in the current draft capsulated the farm bureau's comments. He was concerned that they had not heard how their members felt about the plan in its current form. C. Britton said if they had their comments on November 6 or 7, they could be considered at the November 15 meeting. D. Little acknowledged P. Miller, 2M Associates, and Mr. Murphy. C. Britton acknowledged C. Woodbury, as well as R. Anderson, who worked on the plan as a staff member and a consultant. V. ADJOURNMENT At 8:27 P.M., the meeting was adjourned. Roberta Wolfe RecordingSecretary rY s Regional Open S. ce ----''�S.+w �.... 'mow-..r.,....-v..... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING LEGISLATIVE,FINANCE,AND PUBLIC AFFAIRS COMMITTEE AGENDA 5:00 P.M. Mary Davey Wednesday, December 13, 2000 Nonette Hanko 330 Distel Circle, Los Altos, CA Deane Little (5:00) ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA COMMITTEE BUSINESS (5:05) 1. Meeting with Ralph Heim of Heim,Noack, Kelly& Spahnn for State Legislation Update (The committee will recess and reconvene at Silan Cucina Mamma restaurant on 376 First Street, Los Altos for dinner during Mr. Heim's update. Members of the public wishing to attend this portion of the meeting should provide their own transportation and will be responsible for the cost of their meal.) (7:00) ADJOURNMENT 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 w;] Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz *Genera/Manager:L.Craig Britton Regional Open S, ce � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-150 Meeting 00-34 December 13, 2000 AGENDA ITEM I i AGENDA ITEM Legislative Briefing by Ralph Heim i GENERALE RE No action is requested. I DISCUSSION Ralph Heim of Heim Noack, Kell and S ahnn, the District's legislative advocate in P Y p g Sacramento,will attend your December 13, 2000 meeting. He will be discussing the outcome of November's election and the upcoming legislative session. Prepared by: L. Craig Britton, General Manager Contact person: Same as above i 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org + web site:www.openspace.orgJ ® sr Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nanette Hanko, Betsy Crowder,Kenneth C.Nitz 0 General Manager:L.Craig Britton Regional Open S, ce R-00-142 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-34 December 13, 2000 AGENDA ITEM 2 AGENDA ITEM Proposed Addition of Connor Property to Russian Ridge O en Space reserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the reco ed actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Connor property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Russian Ridge Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space. DESCRIPTION (see attached man) The 98.16-acre Connor property is part of a larger 267.7-acre property located west of Skyline Boulevard in unincorporated San Mateo County. The property being considered for acquisition is bordered on the east by the Russian Ridge Open Space Preserve, on the north by the Audubon Society land, and private property to the west and south. The property offers panoramic views toward Russian Ridge and the Bay Area Ridge Trail is located directly to the east. The property is a desirable addition to the preserve because it will help protect important wildlife and watershed resources and scenic views from the Ridge Trail, and provide potential trail connections. The subject property is undeveloped, but it does have a high voltage power line running northwest through it. The property is on the southwest side of Skyline Boulevard, approximately two miles north of Alpine Road and one-quarter mile west of Mt. Melville. Langley Hill Quarry is directly to the southwest, and Mindego Hill is located to the south. The landscape is moderately steep with predominantly oak woodland and patches of grassland meadows. The grassland open areas are generally east-facing with two picturesque hilltops located near the eastern area of the north boundary with the Audubon Society property. These hilltops are an attractive destination point where the oak woodland opens up and there is a panoramic view of Mt. Melville and the surrounding area. The western half of the property is lushly wooded with oak, bay and redwood. This area also has an existing trail winding down to Woodruff Creek, which is within the property boundary except for a short distance at the 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org [ z] 0"XES Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton R-00-142 Page 2 southern property line. The headwaters of Woodruff Creek originate near the eastern portion of the property and flow in a western direction towards Langley Hill and La Honda Creek. A dense riparian plant community is located along Woodruff Creek. Improvements within the property include a dirt road and the power lines. The dirt road begins near the convergence of Woodruff Creek and Rapiey Road. The property consists of a six-building site density, however, none of the potential sites have been graded. USE AND MANAGEMENT PLAN Planning Considerations The property is in unincorporated San Mateo County and is zoned RM (Resource Management). A Rural Density Analysis study prepared by San Mateo County Planning and Building Department indicates that there are six feasible building sites attributed to the subject property. The property is rated in the District's Open Space Master Plan as having high-to-moderate composite open space values. The District's Regional Open Space Study shows regional trail corridors in the vicinity of the property. It is important in terms of potential outdoor recreation, watershed protection, wildlife habitat, and scenic backdrop as it relates to views from the surrounding open space preserve and Audubon Society property. The property may offer potential trail extensions from the Bay Area Ridge Trail to the attractive hilltop. Future trails could provide valuable connections to the existing trail that winds through the wooded area. Preliminary Use and Management Plan Recommendations The preliminary use and management plan will take effect at the close of escrow. Improvements are limited to the installation of preserve boundary signs and the property will remain in a natural condition. Any differing future land use decisions would occur in compliance with the Open Space Use and Management Planning Process. Public Access: Closed to public use at this time. Trail Designation: No trails or roads are designated for trail use. Patrol: Regular patrol will be provided and the existing road will be maintained for patrol purposes. Dedication: Indicate your intention to withhold from dedication the property as public open space at this time. R-00-142 Page 3 Name: Name the property as an addition to Russian Ridge Open Space Preserve. i Signs: Install private property and preserve boundary signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. 1 CEQA COMPLIANCE I Project Descri tp ion The project consists of the acquisition of a 98.16-acre parcel of land as an addition to Russian Ridge Open Space Preserve and the concurrent adoption into the Use and Management Plan for the Preserve. Under any plan, the land will be permanently preserved as open space, and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. The project is exempt from CEQA under Article 5, Section 15061b(3) in that there is no possibility that the activity in question may have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15316 and 15325 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The site is in a natural condition and the use and management plan specifies the land will not be developed and will remain in a natural condition. 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. TERMS & CONDITIONS The 98.16-acre Connor property is being acquired at a purchase price of$1,300,000, which is considered fair and reasonable in this market area. The property consists of six residential density units as calculated by San Mateo County. The purchase price equates to $216,617 per site or approximately 13 244 per acre. As art of this transaction the parties have agreed PP Y P P P g that the subject property consists of six residential density units, and the remaining larger of approximately 169.54 acres being retained b the Seller consists of nine residential property PP Y g Y density units. The property is being acquired on an "as-is" basis. Staff has completed due diligence investigations and is satisfied with the condition of the property. R-00-142 Page 4 BUDGET CONSIDERATIONS 2000/2001 Budget for Land Acquisition New Land $20,000,000 Land Acquisitions so far this year (11,063,800) Connor Acquisition proposed on this agenda (1,300,0001 Acquisition Budget Remaining $ 7,636,200 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 Russian Ridge Open Space Preserve for potential outdoor recreation, protection of watershed, wildlife habitat and scenic backdrop. 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 Thomas W. Fischer, Land Protection Specialist Contact person: Michael C. Williams, Real Property Representative Graphics: Ana Ruiz, Open Space Planner I RESOLUTION NO. 00- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF THE PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT AND MEMORANDUM OF AGREEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE - LANDS OF CONNOR) 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 William E. Connor II Living Trust u/t/a, and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by this 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 the Memorandum of Agreement and a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $10,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. 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 Six. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$1,300,000 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 ional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury � p p payment Regulations. The reimbursement of this a ent 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. r RUSSIAN RIDGE OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Windy Hill OSP �, _ „r 1 ��I = -' . Audubon Society Proposed Acquisition ♦ f \ Connor Property, 98.16 Acres `� �' ,`,• ,,,;':— ' `.'"' Creek ! //�:J /` ��• RaPleY rJ { COAL CREEK ! f OPEN SPACE PRESERVE t { r � _ 7 r l Remaining Lands of Connor �•� ' �) (\ ( ^�tJ-SSI�AN=FEND• ;E,1 � SPA�,E P RUE Ir. Mindego X Hill' ,1 �z zti.:. • �: i -- �� ��� .tee---`� Proposed Connor Acquisition Approximate Scale: 1.0" = 0.4 Miles Regional Open S. ice R-00-149 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-34 December 13, 2000 AGENDA ITEM 3 AGENDA ITEM Approval of Third Amendment to Agreement and General Release with the Signatory Landowners of the Montgomery Highlands Association; Quitclaim of the Old Water System to San Jose Water Company, and Grant of Fee Title and Easements to San Jose Water Company P Y for the New Water System; Determination that No Further Environmental Documentation is Required Under the California Environmental Quality Act; Authorization of the General Manager to Approve a Permit to Enter Agreement with San Jose Water Company to Construct and Maintain the New Water System, All Associated ith the Acquisition of the Krone/Bishop Trust Property Addition to the El Sereno Open Spa a Preserve GENERAL MANAGER'S RECOMME D 1. Determine that no further environmental documentation is required under the California Environmental Quality Act based on the findings as set out in this report. 2. Adopt the attached resolution authorizing the execution of the Third Amendment to Agreement and General Release with the Montgomery Highland Association Signatory Landowners and authorizing the payment of an additional $500,000.00 into escrow for payment to San Jose Water Company. 3. Adopt the attached resolution authorizing execution of a Quitclaim of Public Utility Interests and Grant of Easement and a Grant and Easement Deed to convey to San Jose Water Company land and easements necessary for the development of the new water system. 4. Reaffirm the authorization for the General Manager to execute all necessary documents for the closing of the transaction, including the Cover Letter Agreement, the Main Extension Agreement and the Agreement for Relocation of Water Facilities between the District, San Jose Water Company and the Montgomery Highlands Signatory Landowners. 5. Indicate your intention to dedicate the remaining portions of the property acquired from the Krone/Bishop Trust as public open space. 6. Authorize the General Manager, subject to approval of the General Counsel, to issue a Permit to Enter Agreement to San Jose Water Company or its successor to enter the former Krone/Bishop Trust property to construct and maintain the new water system and easement access road as described in the Mitigated Negative Declaration and in this staff report, and to therein approve technical project revisions which are minor in nature. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-00-149 Page 2 BACKGROUND On May 10, 2000, you authorized the purchase of the Krone/Bishop Trust Property as an addition to the El Sereno Open Space Preserve (see report R-00-62). The acquisition included an obligation to provide water to certain adjacent properties and to maintain certain private roads. As a result, the Board also concurrently approved an Agreement with the owners of these adjacent properties, who are members of the Montgomery Highlands Association, (the "Signatory Landowners") for a release of these obligations. As part of that Agreement, a payment of$800,000.00 was to be made by the District to San Jose Water Company for construction of a water system to serve the adjacent properties. Subsequently, a dispute arose between the Signatory Landowners and the District over the rights and obligations of the parties under the Agreement due to, among other things, a significant increase in the estimated cost of construction of the water system. As part of the acquisition of the Krone/Bishop Trust Property, it was also contemplated that a three-party agreement with San Jose Water Company for the construction, ownership, and operation of a replacement water system would be executed. San Jose Water Company has completed the drafting of the necessary contract documents and tendered these to the District and the Signatory Landowners. San Jose Water Company requires a Quitclaim of the old water system and a Grant of easements over certain access roads for construction, maintenance and operation of the new water system. Further, the final location of the new water tank has been determined and a legal description prepared for the conveyance of 12,034 square feet of fee title, 13,409 square feet of storm drain easement, and 1,616 square feet of access easement required for the tank site. The District would retain a minimum 12-foot-wide patrol, maintenance and public trail easement over the fee parcel to accommodate potential future use and management needs. This District easement would be located on the roadway that will be improved by San Jose Water Company as part of the access route to and along the new water tank site. The Grant of this tank site parcel and related easements was contemplated at your May 10, 2000 meeting and one acre was withheld from the intended dedication as public open space for the purpose of this transfer. Also at your May 10, 2000 meeting, the Board approved a Mitigated Negative Declaration and Mitigation Monitoring Program in connection with the Krone/Bishop Trust property purchase and the replacement of the old water system. The contract documents with San Jose Water Company include the requirement that the Mitigation Monitoring Program be fully implemented and staff will continue to work with them to assure that it is carried out. TERMS AND CONDITIONS Due to the dispute with the Signatory Landowners over the respective rights and obligations of the parties to the Agreement arising from, among other things, the significantly increased costs for the new water system, staff negotiated a Third Amendment to Agreement and General Release with the Signatory Landowners that will fully settle the dispute and release the District from any claims of the Signatory Landowners in connection with the Agreement approved on May 10, 2000, relating to water system and road maintenance obligations of the District, in R-00-149 Page 3 exchange for an additional payment of$500,000.00 by the District to San Jose Water Company. Attached to this Agenda Item are the three documents required by San Jose Water Company for the construction of the new water system. The first is a Cover Letter Agreement that details the respective obligations of San Jose Water, the Signatory Landowners and the District, including a provision for the implementation of the Mitigation Monitoring Program. Second, there is an Agreement for Relocation of Water Facilities that covers the construction of the new tank and related improvements; and third, there is a Main Extension Contract that covers the extension of a service main to the property of each Signatory Landowner. The total contract amount is $2,142,410.00, with the District paying $1,300,000.00 and the Signatory Landowners paying $842,410.00. Any amount that exceeds the contract price will be solely the obligation of the Signatory Landowners. The Signatory Landowners are also responsible for their individual connections to the service main. There will be eleven new hydrants installed as part of the project to provide much enhanced fire suppression capacity in the area. San Jose Water also requires that the District quitclaim its interest in the existing water system and grant certain easements for the new system (Quitclaim of Public Utility Interests and Grant of Easement) and to grant both fee and easement interests (Grant and Easement Deed) in connection with the new tank site. In order to construct and maintain the new water system and easement access road, San Jose Water Company will need to obtain a Permit to Enter from the District to enter the Krone/Bishop Trust property. The General Manager recommends that the Board authorize the General Manager to issue this permit, provided its terms and conditions are consistent with the project as described in the Mitigated Negative Declaration and in this Board Report, and further to approve technical project revisions that are minor in nature. These could result from approval conditions from other government agencies or refinement by San Jose Water Company of their final construction plans. The Permit to Enter Agreement will also address maintenance obligations of San Jose Water Company on their property. BUDGET CONSIDERATIONS The Agreement requires a payment of$500,000.00 to San Jose Water Company in addition to the $800,000.00 authorized by you on May 10, 2000. The San Jose Water Company contract amount for the construction of the new water system to serve the Signatory Landowners is $2,142,210.00. The Signatory Landowners are prepared to deposit the remainder of the contract amount and to pay any cost that exceeds the contract amount. The District obligation for the new water system is thus capped at $1,300,000.00. 2000/2001 Budget for Land Acquisition: New Land budget $20,000,000 Land Acquisitions so far this year (11,063,800) Connor Acquisition proposed earlier on this agenda (1,300,000) Signatory Landowners Agreement Additional Payment (500.0001 Acquisition Budget Remaining $ 7.136.200 R-00-149 Page 4 Controller M. Foster has been consulted on this Amendment, and indicated that, considering cash flow and availability, funds are available for this Amendment to the Agreement. This Agreement was identified as important to the permanent and complete release of obligations to provide water service and road maintenance to the affected homeowners which burden the former Krone/Bishop Trust property addition to El Sereno Open Space Preserve. CAA DETERMINATION AND FINDINGS On May 10, 2000, the District complied with California Environmental Quality Act (CEQA) by approving a Mitigated Negative Declaration and adopting a Mitigation Monitoring Program. CEQA provides that, after a negative declaration has been adopted for a project, no subsequent environmental documentation is required unless the lead agency determines that re have been substantial changes to the project or to the circumstances concerning the the g P J g project which involve new significant environmental effects, or determines that there is new information of substantial importance showing that the project will have significant environmental effects not previously discussed, or that the significant effects previously examined will be substantially more severe than previously shown. CEQA Guidelines Section 15162. There have been some minor modifications of the project described in Report R-00-62 which do not have the potential of having a significant effect on the environment. These consist of a minor change in the location of the water tank site to a slightly lower location (approximately 30 feet lower in elevation and approximately 100 feet northeast of the original location), and the possible installation of a fence on the easement access road northwest of the tank site. Staff has reviewed and evaluated these modifications and determined that none of the conditions listed in Guideline Section 15162, which would require preparation of a subsequent environmental document, exist. Therefore, staff recommends that the Board determine that no further environmental documentation is required. The action the Board is considering tonight involves implementation of the previously approved project through the execution of the necessary implementation agreements. The contract documents with San Jose Water Company include the requirement that the Mitigation Monitoring Program be fully implemented and staff will continue to work with them to assure that it is properly carried out. Prepared by: Duncan Simmons, Attorney Thomas W. Fischer, Land Protection Specialist Susan M. Schectman, General Counsel Contact Person: L. Craig Britton, General Manager RESOLUTION 00- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO AGREEMENT AND GENERAL RELEASE WITH THE MONTGOMERY HIGHLANDS SIGNATORY LANDOWNERS, AUTHORIZING EXECUTION OF CERTAIN AGREEMENTS WITH SAN JOSE WATER COMPANY, AUTHORIZING EXECUTION OF CERTAIN QUITCLAIM AND GRANT DEEDS,AND AUTHORIZING THE PRESIDENT AND GENERAL MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE) 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 authorize and approve the Third Amendment to Agreement and General Release with the Montgomery Highlands Signatory Landowners, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District. Section Two. The Board of Directors of Midpeninsula Regional Open Space District does hereby authorize the General Manager to execute on behalf of the District the Cover Letter Agreement, the Relocation of Water Facilities Agreement and the Main Extension Agreement with the Montgomery Highlands Association and San Jose Water Company attached to Board Report No R-00-149. Section Three. The President of the Board of Directors or other appropriate officer is authorized to execute the Quitclaim of Public Utility Interests and Grant of Easement and the Grant and Easement Deed for the new water tank site on behalf of the District, and to execute any Certificate(s) of Acceptance necessary or appropriate to the completion of any of the transactions described in this Resolution. Section Four. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. The General Manager is further authorized, subject to the approval of the General Counsel, to issue a Permit to Enter to San Jose Water Company or its successor to enter the District's former Krone/Bishop Trust property to construct and maintain the new water system as described in the Mitigated Negative Declaration approved by the Board on May 10, 2000 and in Board Report No. R-00-149, and to approve these technical project revisions which are minor in nature. The General Manager and General Counsel are further authorized to approve any technical revisions to the Agreements and documents which do not involve any material change to any term of the Agreement or i documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$500,000.00 from the proceeds of the next long-term District note issue. This Section of the Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section1.103-18 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 monies 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. i SAN JOSE WATER COMPANY FORM NO. 4 MAIN EXTENSION CONTRACT "B RULE" -INDIVIDUAL UTILITY INSTALL Midpeninsula Regional Open Space District Montgomery Highlands Association THIS AGREEMENT, made and entered into this day of , 2000, by and between the person or persons listed in Paragraph 1 hereof, hereinafter collectively referred to as "Applicant," and SAN JOSE WATER COMPANY, a California corporation, hereinafter referred to as "Utility", WITNEESSETH: WHEREAS, Applicant desires to have water service available to certain real property ("Property") situate, lying and being in the County of Santa Clara, State of California, delineated on that certain map attached hereto as Exhibit A; and WHEREAS, Applicant desires to have water service available to the Property through and by means of an extension ("Extension") of Utility's existing mains to be installed substantially as shown on Exhibit A hereto; and WHEREAS, upon the terms and conditions herein set forth Utility is willing to install the Extension and to furnish water to the Property through and by means thereof at the rates and in accordance with the rules of Utility now in force or that may from time to time hereafter be lawfully established in its service area; NOW, THEREFORE, for and in consideration of the premises and of the mutual covenants, agreements, terms and provisions herein contained, it is agreed as follows, to wit: � 1 1. Applicant. The names, addresses and descriptions of the person or persons herein collectively referred to as "Applicant" are as follows: Name: Midpeninsula Regional Open Space District Attn: General Manager Address: 330 Distel Circle Los Altos, CA 94022-1404 Name: Signatory Landowners, as shown in the signature blocks hereof Montgomery Highlands Association Attn: John Weiss Address: 15968 Hidden Drive Los Gatos, CA 95030 2. Applicable Rule. This Agreement is entered into pursuant to the requirements and in accordance with the form of agreement and the various applicable provisions of Utility's Main Extension Rule, hereinafter referred to as the "Rule", in effect and on file with the California Public Utilities Commission ("Commission"); a copy of the Rule is attached hereto as Exhibit B. This Agreement does not, therefore, require specific authorization of the Commission to carry out its terms and conditions. 3. Applicant's Advance. The estimated reasonable cost of the Extension (based upon main size not exceeding six inches (6") in diameter except where a larger main is required by the special needs of the applicant), hereinafter referred to as the "Estimated Cost", is $1,020,750.00. Applicant has paid to Utility an amount equal to the Estimated Cost, receipt whereof is hereby acknowledge by Utility. The cost of Extension shall include any income tax component authorized by the Commission at the date of execution of this agreement. 4. Installation of Extension. Utility agrees that it will, as soon as necessary material and labor are available, and necessary permits, franchises, licenses or other governmental authorizations have been obtained, commence and prosecute to completion with all reasonable diligence the work of installing the Extension. Within sixty (60) days after Utility has ascertained its actual costs for installing the Extension(based upon main sizes non exceeding six inches (6") in diameter except where a larger main is required by the special needs of the applicant), it will provide Applicant with a statement of the same showing in reasonable detail the costs incurred for materials, labor and other direct and indirect costs, overheads and total costs, or unit costs or contract costs, whichever are appropriate. If such actual costs shall not have been determined within one hundred twenty (120) days after completion of construction work, a preliminary determination of actual costs shall be submitted, based upon the best available information at that time. If such actual costs as finally determined, (based upon main sizes not exceeding six inches (6") in diameter except where a larger main is required by the special needs of the applicant), shall be greater or less than the Estimated Cost, the difference 2 ' shall be paid by Applicant to Utility or repaid by Utility to Applicant, as the case may be, and the Estimated Cost adjusted accordingly. The Estimated Cost as so adjusted shall be Applicant's Advance Subject to Refund. The income tax component will also be adjusted to actual costs. 5. Applicant's Agreements. (a) Applicant agrees to use its best efforts to assist Utility to obtain any and all permits, franchises or other governmental authorizations which may be required for the installation of the Extension. Applicant further agrees to convey or cause to be conveyed to Utility any and all easements and rights of way which may be necessary or reasonably appropriate for installation of the Extension. (b) Applicant agrees to comply with applicable provisions of local building codes and/or ordinances relating to (i) interior plumbing requirements in new buildings covering toilets, shower heads, and kitchen and lavatory faucets, as set forth in Section A.4.e.1. of the Rule, and (ii) design and operation of automatic irrigation systems in parks, median strips, landscaped public areas and landscaped areas surrounding condominiums, townhouses, apartments and industrial parks, as set forth in Section A.4.e.2. of the Rule. 6. Refund. If from time to time another applicant or applicants ("New Applicant") shall apply to Utility for service and shall be directly connected to the Extension, Utility agrees that as a condition to the furnishing of service by it to each New Applicant, Utility will require each New Applicant to pay to it, in addition to all other sums required to provide such service, an amount equal to the total installed cost of 100 feet of the Extension. Utility agrees that upon receipt of such amount from each New Applicant, it will promptly refund the same amount to Applicant in accordance with Paragraph 12 herein, provided that Applicant is not in default hereunder. However, no refunds will be made hereunder to Applicant after a period of ten (10) years from the date of completion of the Extension, and the total amount so refunded to Applicant shall not exceed Applicant's Advance Subject to Refund. The applicant's advance subject to refund shall include any income tax component authorized by the Commission and collected by Utility. 7. Utility's Right to Offset. In the event Applicant shall become entitled to a repayment or refund under the provisions of this Agreement, Utility shall have the right at such time to offset against the amount then due applicant hereunder the total amount of any indebtedness then due or owing by Applicant to Utility. 8. Ownership. The Extension to be installed hereunder and all construction work in connection therewith shall be and remain at all times the of Utility, and Applicant shall property PP have no right, title or interest whatsoever in or to the same. 9. Street Grades. If at the Applicant's request the Extension is installed in easements or rights of way where final grades have not been established or in streets whose grades have not been brought to those established by public authority, Applicant, upon written notice by Utility, shall deposit with Utility forthwith the estimated cost, as determined by Utility, of relocating, 3 raising or lowering the Extension upon establishment of final grades. Adjustment of any difference between the amount so deposited and the actual cost of relocating, raising or lowering the Extension shall be made within ten (10) days after Utility has ascertained such actual cost. The net deposit representing actual cost shall not be subject to refund. Utility will refund the entire deposit relating to such proposed relocation, raising or lowering when appropriate authority determines that such displacements are not required. 10. Construction Delay. Utility shall not be responsible for any delay in construction resulting from any cause beyond its control, including, without limiting the generality of the foregoing, any delay resulting from inability to obtain sufficient proper materials and supplies, labor disturbances or shortages, or weather conditions, or inability to obtain necessary permits, licenses, franchises or other governmental authorizations. In the event Utility is unable to obtain sufficient materials to meet all construction requirements necessary to provide adequate service to all its customers, it shall be entitled to allocate materials obtained by it to such construction projects as in its sole discretion it deems most important to service needs of its customers, and any delay in construction of the Facilities resulting from any such allocation of materials by Utility shall be deemed to be a cause beyond its control and it shall not be responsible for such delay. 11. Notices. Any notice which it is herein provided may or shall be given by either party to the other shall be deemed to have been duly given when deposited in the United States mail, registered or certified, postage prepaid and addressed to the party to whom such notice is given at the following respective addresses: To Applicant: Midpeninsula Regional Open Space District Attn: General Manager 330 Distel Circle Los Altos, CA 94022-1404 Signatory Landowners Montgomery Highlands Association Attention: Mr. John Weiss 15968 Hidden Drive Los Gatos, CA 95030 To Utility: San Jose Water Company 374 W. Santa Clara Street San Jose, CA 95196 Either party, by notice given as hereinbefore provided, may change the address to which notices shall thereafter be addressed. 12. Nature of Obligations; Assignment. If more than one person is named in Paragraph 1 hereof, the obligations of the persons executing this Agreement as Applicant shall be 40 joint and several: however, all refunds due Applicant under Paragraph 4 and/or Paragraph 6 hereof shall be delivered by Utility solely to Applicant Midpeninsula Regional Open Space District, Attention: General Manager, 330 Distel Circle, Los Altos, CA 94022-1404 and all obligations of Applicant for payment of any increased costs under Paragraph 4 hereunder shall be, jointly and severally, solely those of Applicant Signatory Landowners, Montgomery Highlands Association, Attention: Mr. John Weiss, 15968 Hidden Drive, Los Gatos, CA 95030. Until Applicant shall notify Utility in writing to the contrary, all refunds hereunder shall be paid by Utility to: Applicant may assign this Agreement only after (a) determination of the amount of Applicant's Advance Subject to Refund, (b) settlement of any amounts owing to Utility or Applicant under paragraph 4 hereof by reason of a difference between Estimated Cost and actual cost, and (c) written notice to Utility. Any such assignment shall apply only to those refunds hereunder which become due more than thirty (30) days after the date of receipt by Utility of such notice of assignment. Utility will not make any single refund payment hereunder to more than one person. 13. Successors and Assigns. Subject to the provisions of the preceding Paragraph 11, this Agreement shall inure to the benefit of and shall bind the respective heirs, executors, administrators, successors and assigns of the parties hereto. 14. Jurisdiction of Public Utilities Commission. This Agreement shall at all times be subject to such changes or modifications by the Commission as the Commission may from time to time direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate the day and year first above written. SAN JOSE WATER COMPANY (Utility) By Date: Title: By Date: Title: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (Applicant) By Date: L. Craig Britton, General Manager 5 MONTGOMERY HIGHLANDS ASSOCIATION A licant � PP ) 510-27-001 Date: Bernard E. Porter, Trustee Date: Rhonda A. Porter, Trustee B. E. and R. A. Porter Revocable Trust, dated 11/10/1987 20800 Canon Drive Los Gatos, CA 95030 510-27-002 Date: Fariborz Agandel Date: Armin Afsaneh 15931 Overlook Drive Los Gatos, CA 95030 510-27-003 Date: Robert H. Reid Date: Karin E. Reid 15941 Overlook Drive Los Gatos, CA 95030 6 i 510-27-006 Date: John S. Carlton, Trustee Date: Debbie S. Carlton, Trustee Carlton Revocable Trust, dated 1/4/1991, as amended 19750 Littlebrook Drive Los Gatos, CA 95030 510-27-007 Date: E. Phil Hayes, Trustee Date: Barbara J. Hayes, Trustee Hayes Revocable Trust, dated 6/20/1996 4000 N. Rodeo Gulch Road Soquel, CA 95073 510-27-008 Date: Larry K. Geisel Date: Rhoda J. Geisel 19747 Littlebrook Drive Los Gatos, CA 95030 510-27-010 Date: Alison E. Hopkins Date: H. Roger Hopkins 15940 Overlook Drive Los Gatos, CA 95030 510-27-011 Date: Jay Terence Harris, Trustee Date: Christine Harris, Trustee Jay and Christine Harris Revocable Trust, dated 11/14/1997 19630 Caflon Drive Los Gatos, CA 95030 510-27-012 Date: Jack Van Den Heuvel Date: Maria A. Van Den Heuvel 19580 Cafton Drive Los Gatos, CA 95030 510-27-013 Date: Gilbert Mesa Date: Barbara Mesa 19525 Cafion Drive Los Gatos, CA 95030 8 i 510-27-015 Date: Miles Rankin Date: Miles Rankin, Trustee Marital and Exemption Trust under the Will of Juliette Rankin, dated 9/19/1984 19561 Canon Drive Los Gatos, CA 95030 510-27-016 Date: Phillip N. White, Trustee Date: Barbara D. White, Trustee White Family Trust, dated 5/25/1989 15970 Hidden Drive Los Gatos, CA 95030 510-27-034 Date: Steven J. Mazzoni Date: Sheila R. Mazzoni 19601 Canon Drive Los Gatos, CA 95030 510-27-035 Date: Leslie K. Logan . 19631 Canon Drive Los Gatos, CA 95030 9 510-27-038 Date: Leroy J. Grose, Trustee Date: Susan K. Grose, Trustee Grose 1997 Living Trust 16050 Overlook Drive Los Gatos, CA 95030 510-27-039 Date: Amardeep Misha Date: Elizabeth Ann Twaddell 19700 Overlook Drive Los Gatos, CA 95030 510-27-040 Date: John Baker Weiss Date: _ Patricia Weiss 15968 Hidden Drive Los Gatos, CA 95030 510-27-046 Date: Thomas J. Cohn Date: Margaret Cohn 19767 Littlebrook Drive Los Gatos, CA 95030 ► 10 MONTGOMERY HIGHLANDS RESERVOIR, PRESSURE SYSTEM AND WATER MAIN IMPROVEMENTS SAN JOSE WATER COMPANY JULY 2000 ILI INDEX.OF SHEETS �SrTE —eovu GO- MAIN INSTALLATION(NB94-030) "R «..+, BOOSTER STATION srrEpAnoN I as GENEML PUN SITE ya GERERAL PLAN .{►sIIP . •o I,1• GENERAL PUN .. OIIVA_y{ ..-tN. �� • u RICHARD PARDINI,VICE PRESIDENT/CHIEF ENGINEER 7DATE A N 00• BOOSTER PUMP STATION(NB99.398) SA JOSE WATER COMPANY {ra. T it arE PLAN �� ` IrP+i { u• GETAA! NrP�, C: Ira,N <awsY `/�,�"-'i.liN� ENGINEERING,SAN JOSE WATER COMPANY DATE 11 4 LLLCT,YCAL YTE PUN 1,tin-cN � � �i II t1d y PWI WAT,ON 9UCTFJM `', •//,r III PIMP MIIGLE LW{ GO- TANK(NB99-400) II ._� PLANNING.SAN JOSE WATER COMPANY (/ (1DATE iv Yi GEIA:RAL YT{PLAN / I1 HN ,rr �� {ITI PIAN �IN.a._ .jl -=_Y.• a-., , 1{ �V1Y1M/(r I,I�r�a PUJ ww Aw7 / _ 11 r7is■II Nraw 1T !4 aelAlE?nl,+a 6A.r•A,A.s � � 5 N , � { STORAGE RESERVOIR 19 tt DETA" SITE '" ff SCHAAF Y WiIEELER,CONSULTING CIVIL ENGINEERS DATE W 3 q - i o ''1�L OlNe+mt�I�tw �y� It e y wPMNMN:Y tA.,a awau.,+.� ,r F- C Mrs d 5F{} II o Ia 4JGTNICAL ORT1tAM wA,N g n. u rw✓.waacMNr Sa{.uD..+ evw f,, San Jose Water Company MONTGOMERY w a - Fu.m+a�~ HIGHLANDS TANK SITE&BOOSTER STATION LOCATION WATER SYSTEM Schaaf&Wheeler WN INv.v'Pa[SILL MYD.IR I{ A{Y,O1YN A B i�Ots,N SANTA MAAGIfNO M AMM,S rWlr 6 ANvt (+O{)2�6�8+{ mu 510-27-047 Date: Paul J. Smith Date: Barbara A. Smith 19801 Littlebrook Drive Los Gatos, CA 95030 510-27-004 Date: Alex Barkas 16040 Overlook Drive Los Gatos, CA 95030 510-28-003 Date: Steve Krotoski 19550 Littlebrook Drive Los Gatos, CA 95030 510-28-014 Date: Dana Pefferle 19577 Littlebrook Drive Los Gatos, CA 95030 it Rule No. 15 MAIN EXTENSIONS A. General Provisions and Definitions 1. Applicability a. All extensions of distribution mains, from the utility's basic production and transmission system or existing distribution system, to serve new customers, except for those specifically excluded below, shall be made under the provisions of this rule unless specific authority is first obtained from the Commission to deviate therefrom. A main extension contract shall be executed by the utility and the applicant or applicants for the main extension before the utility commences construction work on said extensions or, if constructed by applicant or applicants, before the facilities comprising the main extension are transferred to the utility. b. Extensions primarily for fire hydrant, private fire protection, resale, temporary, standby, or supplemental service shall not be made under this rule. c. The utility may, but will not be required to, make extensions under this rule in easements or rights-of-way where final grades have not been established, or where street grades have not been brought to those established by public authority. If extensions are made when grades have not been established and there is a reasonable probability that the existing grade will be changed, the utility shall require that the applicant or applicants for the main extension deposit, at the time of execution of the main extension agreement, the estimated net cost of relocating, raising or lowering facilities upon establishment of final grades. Adjustment of any difference between the amount so deposited and the actual cost of relocating,raising or lowering facilities shall be made within ten days after the utility has ascertained such actual cost. The net deposit representing actual cost is not subject to refund. The entire deposit related to the proposed relocation, raising or lowering shall be refunded when such displacements are determined by proper authority to be not required. 2. Limitation of Expansion a. Whenever the outstanding advance contract balances reach 40 percent of total capital (defined, for the purpose of this rule, as proprietary capital, or capital stock and surplus, plus debt and advances for construction)the utility shall so notify the Commission within thirty days. b. Whenever the outstanding advance contract balances plus the advance on a proposed new extension would exceed 50 percent of total capital, as defined in Section A.2.a. plus the advance on the proposed new extension, the utility shall not make the proposed new extension f he Commission. Such authoriz ation may be of distribution mains without authorization o t C Y granted by a letter from the Executive Director of the Commission. c. Whenever the outstanding advance contract balances reach the above level, the utility shall so notify the Commission within thirty days. Rule 15-revised 3199 1 EXHIBIT lyy ' A. General Provisions and Definitions (continued) 3. Definitions a. A "bona-fide customer," for the purposes of this rule, shall be a customer (excluding any customer formerly served at the same location) who has given satisfactory evidence that service will be reasonably permanent to the property which has been improved with a building of a permanent nature, and to which service has commenced. The provision of service to a real estate developer or builder, during the construction or development period, shall not establish him as a bona-fide customer. b. A "real estate developer" or "builder," for the purposes of this rule, shall include any individual, association of individuals, partnership, or corporation that divides a parcel of land into two or more portions, or that engages in the construction and resale of individual structures on a continuing basis. c. The "adjusted construction cost," for the purposes of this rule, shall be reasonable and shall not exceed the costs recorded in conformity with generally accepted water utility accounting practices, and as specifically defined in the Uniform System of Accounts for Water Utilities prescribed by the Commission for installing facilities of adequate capacity for the service requested. If the utility, at its option, should install facilities with a larger capacity or resulting in a greater footage of extension than required for the service requested, the "adjusted construction cost," for the purpose of this rule, shall be determined by the application of an adjustment factor to actual construction cost of facilities installed. This factor shall be the ratio of estimated cost of required facilities to estimated cost of actual facilities installed. 4. Ownership, Design, and Construction of Facilities a. Any facilities installed hereunder shall be the sole property of the utility. In those instances in which title to certain portions of the installation, such as fire hydrants, will be held by a political subdivision, such facilities shall not be included as a part of the main extension under this rule, and will neither be owned by the utility nor subject to refund under the provisions of Section C.2. of this rule. b. The size, type, quality of materials, and their location shall be specified by the utility; and the actual construction shall be done by the utility or by a constructing agency acceptable to it. c. Where the property of an applicant is located adjacent to a right-of-way, exceeding 70 feet in width, for a street, highway, or other public purpose, regardless of the width of the traveled way or pavement; or a freeway, waterway, or railroad right-of-way, the utility may elect to install a main extension on the same side thereof as the property of the applicant, and the estimated and adjusted construction costs in such case shall be based upon such an extension. d. When an extension must comply with an ordinance, regulation, or specification of a public authority, the estimated and adjusted construction costs of said extension shall be based upon the facilities required to comply therewith. I A. Provisions General G and Definitions(continued) 4. Ownership,Design, and Construction of Facilities (continued) e. If the following provisions for water conservation are included in local building codes and/or ordinances, the main extension contract shall contain these provisions. (1) All interior plumbing in new buildings shall meet the following requirements. (a) Toilets shall not use more than 3 1/2 gallons per flush, except that toilets and urinals with flush valves may be installed. (b) Shower heads shall contain flow controls which restrict flow to a maximum of approximately 3 gallons per minute. (c) Kitchen and lavatory faucets shall have flow controls which restrict flow to a maximum of approximately 2 gallons per minute. (2) All new parks, median strips, landscaped public areas and landscaped areas surrounding condominiums, townhouses, apartments and industrial parks shall have a well-balanced automatic irrigation system designed by a landscape architect or other competent person, and shall be operated by electric time controller stations set for early morning irrigation. 5. Estimates, Plans, and Specifications a. Upon request by a potential applicant for a main extension of 100 feet or less, the utility shall prepare, without charge, a preliminary sketch and rough estimates of the cost of installation to be advanced by said applicant. b. Any applicant for a main extension requesting the utility to prepare detailed plans, specifications, and cost estimates shall be required to deposit with the utility an amount equal to the estimated cost of preparation of such material. The utility shall, upon request, make available within 45 days after receipt of the deposit referred to above, such plans, specifications, and cost estimates of the proposed main extension. If the extension is to include oversizing of facilities to be done at the utility's expense, appropriate details shall be set forth in the plans, specifications, and cost estimates. c. In the event a main extension contract with the utility is executed within 180 days after the the deposit shall become a art of the utilityfurnishes the detailed laps and specifications, d pP P advance, and shall be refunded in accordance with the terms of the main extension contract. If such contract is not so executed, the deposit to cover the cost of preparing plans, specifications, and cost estimates shall be forfeited by the applicant for the main extension and the amount of the forfeited deposit shall be credited to the account or accounts to which the expense of preparing said material was charged. 3 ` A. General Provisions and Definitions(continued) S. Estimates, Plans, and Specifications (continued) P ) d. When detailed plans, specifications, and cost estimates are requested, the applicant for a main extension shall furnish a map to a suitable scale showing the street and lot layouts and, when requested by the utility, contours or other indication of the relative elevation of the various parts of the area to be developed. If changes are made subsequent to the presentation of this map by the applicant, and these changes require additional expense in revising plans, specifications, and cost estimates, this additional expense shall be borne by the applicant, not subject to refund, and the additional expense thus recovered shall be credited to the account or accounts to which the additional expense was charged. 6. Timing and Adjustment of Advances a. Unless the applicant for the main extension elects to arrange for the installation of the extension himself, as permitted by Section C.l.c., the full amount of the required advance or an acceptable surety bond must be provided to the utility at the time of execution of the main extension agreement. b. If the applicant for a main extension posts a surety bond in lieu of cash, such surety bond must be replaced with cash not less than ten calendar days before construction is to commence; provided, however, that if special facilities are required primarily for the service requested, the applicant for the extension may be required to deposit sufficient cash to cover the cost of such special facilities before they are ordered by the utility. c. An applicant for a main extension who advances funds shall be provided with a statement of actual construction cost and adjusted construction cost showing in reasonable detail the costs incurred for material, labor, any other direct and indirect costs, overheads, and total costs; or unit costs; or contract costs,whichever are appropriate. d. Such statement shall be submitted within 60 days after the actual construction costs of the installation have been ascertained by the utility. In the event that the actual constructions costs for the entire installation shall not have been determined within 120 days after completion of construction work, a preliminary determination of actual and adjusted construction costs shall be submitted, based upon the best available information at that time. e. Any differences between the adjusted construction costs and the amount advanced shall be shown as a revision of the amount of advance and shall be payable within thirty days of date of submission of statement. 7. Assignment of Main Extension Contracts Any contract entered into under Sections B and C of this rule, or under similar provisions of former rules, may be assigned, after settlement of adjusted construction costs, after written notice to the utility by the holder of said contract as shown by the utility's records. Such assignment shall apply only to those refunds which become due more than thirty days after the date of receipt by the utility of the notice of assignment. The utility shall not be required to make any one refund payment under such contract to more than a single assignee. 4 A. General Provisions and Definitions(continued) 8. Interpretations and Deviations In case of disagreement or dispute regarding the application of any provision of this rule, or in circumstances where the application of this rule appears unreasonable to either party, the utility, applicant or applicants may refer the matter to the Commission for determination. B. Extensions to Serve Individuals 1. Payment Extensions of water mains to serve new individual customers shall be paid for and contributed to the utility by the individual customer requesting the main extension. Calculation of payment shall be on the basis of a main not in excess of 6" in diameter, except where a larger main is required by the special needs of the new customer. The utility shall be responsible for installing and paying for service pipes,meter boxes and meters to serve the new individual customer provided, however, a Class C or Class D utility, or a Class A or Class B utility district or subsidiary serving over 2,000 or fewer connections, may accept from individual customers amounts in contribution as a connection fee calculated pursuant to the Commission's Connection Fee Data Form contained in the utility's tariffs. 2. Refunds If subsequent applicants for water service are connected directly to the main extension contributed by the original individual customer, such subsequent applicants shall pay to the utility an amount equal to the cost of 100 feet of the original extension. Such amounts shall be immediately refunded by the utility to the initial customer who originally paid for and contributed the main extension to the utility. Total payments to the initial customer by subsequent applicants for water service who are connected directly to the extension shall not exceed the original cost of the extension. No refunds shall be made after a period of ten years from completion of the main extension. C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial Developments, Commercial Buildings, or Shopping Centers 1. Advances a. Unless the procedure outlined in Section C.l.c., is followed, an applicant for a main extension to serve a new subdivision, tract, housing project, industrial development, commercial building, or shopping center shall be required to advance to the utility, before construction is commenced, the estimated reasonable cost of the extension to be actually installed, from the nearest utility facility at least equal in size or capacity to the main required to serve both the new customers and a reasonable estimate of the potential customers who might be served directly from the main extension. The costs of the extension shall include necessary service stubs service pipes, fittings, gates and housing therefore, and meter boxes, but shall not in clude meters. To this shall be added the cost of fire hydrants when requested by the applicant for the main extension or required by public authority, whenever such hydrants are to become the property of the utility.- 5 C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial Developments, Commercial Buildings, or Shopping Centers contmu Advances(continued) b. If special facilities consisting of items not covered by Section C.l.a. are required for the service requested and, when such facilities to be installed will supply both the main extension and other parts of the utility's system, at least 50 percent of the design capacity (in gallons, gpm, or other appropriate units) is required to supply the main extension, the cost of such subject to refund as hereinafter provided, special facilities may be included in the advance, ub's � nafter p o , along with refunds of the advance of the cost of the extension facilities described in Se ction C.La. above. c. In lieu of providing the advances in accordance with Section C.l.a. and C.l.b., the applicant for a main extension shall be permitted, if qualified in the judgment of the utility, to construct and install the facilities himself, or arrange for their installation pursuant to competitive bidding procedures initiated by him and limited to the qualified bidders. The cost, including the cost of inspection and supervision by the utility, shall be paid directly by applicant. The applicant shall provide the utility with a statement of actual construction cost in reasonable detail. The amount to be treated as an advance subject to refund shall be the lesser of(1) the actual cost or (2) the price quoted in the utility's detailed cost estimate. The installation shall be in accordance with the plans and specifications submitted by the utility pursuant to Section A.5.b. d. If, in the opinion of the utility it appears that a proposed main extension will not, within a reasonable period, develop sufficient revenue to make the extension self-supporting, or if for some other reason it appears to the utility that a main extension contract would place an excessive burden on customers, the utility may require non refundable contributions of plant facilities from developers in lieu of a main extension contract. If an applicant for a main extension contract who is asked to contribute the facilities believes such a request to be unreasonable, such applicant may refer the matter to the Commission for the determination, as provided for in Section A.8. of this rule. 2. Refunds a. The amount advanced under Sections C.l.a., C.I.b., and C.l.c. shall be subject to refund by the utility, in cash, without interest, to the party or parties entitled thereto as set forth in the following two paragraphs. The total amount so refunded shall not exceed the total of the amount advanced and for a period not to exceed 40 years after the date of the contract. b. Payment of refunds shall be made not later than June 30 of each year, beginning the year following execution of contract, or not later than 6 months after the contract anniversary date if on an anniversary date basis. 6 C. Extensions to Serve Subdivisions,Tracts, Housing Projects,Industrial Developments, Commercial Buildings, or Shopping Centers continue Refunds (continued) c. Whenever costs of main extensions and/or special facilities have been advanced pursuant to Sections C.l.a., C.l.b., or C.l.c., the utility shall annually refund to the contract holders an amount equal to two and one-half percent of the advances until the principal amounts of the contracts have been fully repaid. Whenever costs of special facilities have been advanced pursuant to Sections C.Lb. or C.l.c., the amounts so advanced shall be divided by the number of lots (or living units, whichever is greater) which the special facilities are designed to serve, to obtain an average advance per lot (or living unit) for special facilities. When another builder applies for a main extension to serve any lots for which the special facilities are to be used, the new applicants shall, in addition to the costs of his proposed main extension, also advance an amount for special facilities. This amount shall be the average advance per lot for special facilities for each lot to be used less two and one-half percent of the average advance for each year in which refunds have been due and payable on the original contract, prorated to June 30 or the contract anniversary date, on a monthly basis. The amount advanced to the utility by the new applicant shall be immediately refunded to the holder of the original contract, which included the cost of the special facilities, and the original contract advance will be reduced accordingly. The utility will thenceforth refund 2 1/2% annually on each of the contract amounts, as determined above, to the holders of the contracts. Advances and refunds based on additional builder participation will be determined in a similar manner. In no case shall the refund on any contract exceed the amount advanced. 3. Termination of Main Extension Contracts a. Any contract whose refunds are based on a percentage of the amount advanced may be purchased by the utility and terminated provided that the terms are mutually agreed to by the parties or their assignees and Section C.3.c. and Section C.3.d. are complied with. The maximum price that may be paid by the utility to terminate a contract shall be calculated by multiplying the remaining unrefunded contract balance times the appropriate termination factor set out below. No contract that has been in effect for less than 10 years shall be terminated without prior Commission approval. Termination Factors Years Years Years Years Remaining Factor Remaining Factor Remaining Factor Remaining Factor 1 .8929 11 5398 21 .3601 31 .2608 2 .8450 12 .5162 22 .3475 32 .2535 3 .8006 13 .4941 23 .3356 33 .2465 4 .7593 14 .4734 24 .3243 34 .2399 5 .7210 15 .4541 25 .3137 35 .2336 6 .6852 16 .4359 26 .3037 36 .2276 7 .6520 17 .4188 27 .2942 37 .2218 8 .6210 18 .4028 28 .2851 38 .2136 9 .5920 19 .3877 29 .2766 39 2111 10 .5650 20 .3729 30 .2685 40 .2061 C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial Developments, Commercial Buildings, or S opping Centers(continued) Termination of Main Extension Contracts (continued) b. Any contract with refunds based upon percentage of revenues and entered into under Section C. of the former rule, may be purchased by the utility and terminated, provided the payment is not in excess of the estimated revenue refund multiplied by the termination factor in the following table, the terms are otherwise mutually agreed to by the parties or their assignees and Section C-3.c. and Section C.3.d. hereof are complied with. The estimated revenue refund is the amount that would otherwise be refunded, at the current level of refunds, over the remainder of the twenty-year contract period, or shorter period that would be required to extinguish the total refund obligation. It shall be determined by multiplying 22 percent of the average annual revenue per service for the immediately preceding calendar year by the number of bona fide customers at the proposed termination date, times the number of years or fractions thereof to the end of the twenty-year contract period or shorter period that would be required to refund the remaining contract balance. Termination Factors Years Years Remaining Factor Remaining Factor 1 .8929 11 .5398 2 .8450 12 .5162 3 .8006 13 .4941 4 .7593 14 .7434 5 .7210 15 .4541 6 .6852 16 .4359 7 .6520 17 .4188 8 .6210 18 .4028 9 .5920 19 .3877 10 .5650 c. The utility shall furnish promptly to the Commission the following information in writing and shall obtain prior authorization by a formal application under Sections 816-830 of the Public Utilities Code if payment is to be made other than in cash: (1) A copy of the main extension contract, together with data adequately describing the development for which the advance was made and the total adjusted construction cost of the extension. (2) The balance unpaid on the contract and the calculation of the maximum termination price, as above defined, as of the date of termination and the terms under which the obligation was terminated. (3) The name of the holder of the contract when terminated. d. Discounts obtained by the utility from contracts terminated under the provisions of this section shall be accounted for by credits to Ac. 265, Contributions in Aid of Construction. 8 C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial Developments, Commercial Buildings, or Shopping Centers(continued) D. Extensions Designed to Include Fire Protection 1. The cost of distribution mains designed to meet the fire flow requirement set forth in Section VIII.1 (a) of General Order No.103 is to be advanced by the applicant. The Utilities shall refund this advance as provided in Section B.2. and C.2. of this rule. 2. Should distribution mains be designed to meet fire flow requirements in excess of those set forth in Section VIII.1 (a) of General Order No. 103, the increase in cost of the distribution mains necessary to meet such higher fire flow requirements shall be paid to the utility as a contribution in aid of construction. 3. The cost of facilities other than hydrants and distribution mains required to provide supply, pressure, or storage primarily for fire protections purposes, or portions of such facilities allocated in proportion to the capacity designed for fire protection purposes, shall be paid to the utility as a contribution in aid of construction. E. Income Tax Component of Contributions and Advances Provision 1. Contributions in Aid of Construction and Advances for Construction shall include, but are not limited to, cash, services, facilities, labor,property, and income taxes thereon provided by a person or agency to the utility. The value of all contributions and advances shall be based on the utility's estimates. Contributions and advances shall consist of two components for the purpose of recording transactions as follows: a. Income Tax Component(ITC), and b. The balance of the contribution or advance. 2. Starting from the effective date of the Advice Letter, the ITC shall be calculated by multiplying the following tax factors times the balance of the contribution or advance: a. For CIAC 31.9% b. For AIC 32.5% 3. The tax factors are established by using Method 5 as set forth in Decision No. 87-09-026 in I. 86-11-019. 4. The formula to compute Method 5 includes the following factors: a. Corporate tax rate of: 35.12% b. Franchise tax rate of: 9.30% c. A discount rate of: 9.28% d. A pretax rate of return of: 9.81% 5. The ITC tax factor has been derived from the corporate rate and it will remain in effect until the utility's net taxable income changes to the extent that the gross-up rate would increase or decrease by five percentage points or more. When and if that occurs, the utility will file an advice letter showing the new rates and cancel out this sheet. 6. If a utility collects a gross-up calculated by using an incremental tax rate that is more than its actual incremental rate, the difference between what was collected and what should have been collected will be refunded to the contributor. 9 THIRD AMENDMENT TO AGREEMENT AND GENERAL RELEASE THIS THIRD AMENDMENT To AGREEMENT(hereafter"Amendment") is made and entered into this dayof December, 2000 b and between the Mid peninsula � Y P Regional Open Space District, a public district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code(hereafter"District") and certain property owners holding record title to real property located in the immediate vicinity of real property in Santa Clara County owned by District (hereafter"Signatory Landowners"). The Signatory Landowners are more particularly identified by individual name in the signature blocks hereof. RECITALS WHEREAS, District and Signatory Landowners are parties to an Agreement entered into as of May 10, 2000 concerning various rights and obligations relating to real property owned by the parties hereto (hereafter"Agreement") ; and WHEREAS, the parties previously entered into a First Amendment to the Agreement dated as of June 30, 2000 and a Second Amendment to the Agreement dated as of August 15, 2000(hereafter the term"Agreement" shall refer collectively to the Agreement and the First and Second Amendments thereto); and WHEREAS, the Agreement contained various covenants and obligations agreed to between the parties concerning certain easement, covenant or other rights held by the Signatory Landowners and the rights and obligations of District with respect to such easements; and WHEREAS, a dispute has arisen between the parties as to the parties' respective rights and obligations under the Agreement (hereafter"the Dispute"); and WHEREAS, the parties desire to finally resolve and settle all of their past, present, and future disagreements concerning the Dispute, so as to avoid the costs and burdens of litigation. There has been no determination of fault or liability on the part of either party. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: The following terms and conditions are hereby incorporated into and made a part of the Agreement: 1. Paragraph 2.A. of the Agreement is amended as follows: The first sentence of Paragraph 2.A. shall read as follows: Page 1 "Should the District purchase Seller's Parcels, District shall contribute the sum (herein, the"Cash Contribution") of One Million Three Hundred Thousand Dollars ($1,300,000)as its share of the cost for the design and construction, to current codes and applicable standards, of a replacement and upgraded domestic water system, consisting of a main extension with special facilities including fire suppression capacity, a replacement water storage tank, and pipeline distribution system (all of which shall be referred to herein as the"Water System")to serve the Signatory Landowners' Parcels, but placing said sum into the Escrow opened pursuant to Section 4 hereof, with instructions to release said Cash Contribution for the purposes and on the conditions set forth herein. In all other respects, Section 2.A. is unamended. 2. Section 2.B. of the Agreement is hereby amended as follows: The final sentence of Section 2.B. shall be amended to read as follows: "This Agreement shall provide that the Signatory Landowners shall pay SJW the balance, to the extent the final balance exceeds One Million Three Hundred Thousand Dollars ($1,300,000) due for payment to SJW for the costs of design and construction of the completed Water System." In all other respects, Section 2.B. is unamended. 3. A new Section 2.D. is added to read as follows: "It is expressly agreed and understood between the parties that the Cash Contribution, the Land Contribution and the Individual Payments constitute the sole and entire contribution required of District under this Agreement and shall constitute full and complete satisfaction of any of District's obligations to operate and/or maintain a domestic water system to provide water supply for the benefit of the Signatory Landowners' Parcels and full and complete satisfaction of any of District's obligations to provide road maintenance for the benefit of any of the Signatory Landowners' Parcels. It is expressly agreed and understood that District will make a total and maximum payment of One Million Three Hundred Thousand Dollars as its share of the estimated costs of the new Water System. It is expressly agreed and understood that Signatory Landowners will be solely responsible for any and all costs of the new Water System in excess of $1,300,000, including but not limited to costs of design, construction, installation or any other costs related to the new Water System, any monetary deposits or Estimated Costs required by SJW, and any actual costs incurred by SJW in the completion of the Water System in the event such costs exceed the Estimated Cost. In the event the actual costs exceed the Estimated Costs, District shall have no liability to Signatory Landowners or to SJW for payment of any portion of such costs. Page 2 i z In the event the Actual Costs shall be less than the Estimated Costs,the parties agree that the difference shall be paid by SJW to District. Any such refund shall be apportioned with 60% paid to District and 40% paid to Signatory Landowners. District shall distribute the Signatory Landowners' 40% portion of such refund in equal pro rata shares apportioned by parcel so that each owner or owners of a single parcel each receive one equal share of any such refund." 4. Section 2.C. is amended as follows: In the last sentence, the percentage"53.33%" shall be deleted and in its place the percentage"60%" shall be inserted. In the last sentence, the percentage"46.67%" shall be deleted and in its place the percentage"40%" shall be inserted. 5. Section 4.B. is amended as follows: The sum of Eight Hundred Thousand Dollars($800,000) is deleted and in its place the figure of One Million Three Hundred Thousand Dollars($1,300,000) shall be inserted. 6. Section 4.D. shall be amended as follows: The date"July 1, 2000" shall be deleted and in its place the date"January 31, 2001" shall be inserted. 7. Section 4.E.(iii) shall be amended as follows: The figure"$800,000" shall be deleted and in its place the figure"$1,300,000" shall be inserted. 8. A new Section P shall be inserted to read as follows: A. Each of the parties, on behalf of him/herself, his/her successors, assigns, heirs, executors, administrators, agents, servants, employees, representatives, officers, officials, and grantees, hereby fully releases and discharges the other party and its successors, assigns, heirs, executors, administrators, agents, servants, employees, representatives, officers, officials, and grantees from all rights, claims and causes of Action which each party and his or her representatives now have against the other party or his or her representatives which arise out of or are related to the Dispute between the parties at issue in this Amendment. Nothing in this release shall be construed to, nor is it intended to, limit an legal ore equitable remedies an a hereto may have to enforce the Y 8 q Y party Y other party's obligations to fulfill all of the obligations and covenants it has undertaken in this Agreement and/or the Amendment. B. Attorneys. Fees And Costs. The parties agree that each shall bear his or its own respective costs and attorneys' fees incurred as a result of the Dispute Page 3 and further understand that this Agreement releases each party from any and all claims of the other for costs, expenses, and attorneys' fees, taxable or otherwise, incurred by them in or arising out of the Dispute. C. Mutual Covenant Not to Sue. The parties for themselves, their agents, employees, successors, insurers, officers, representatives, assigns, and attorneys agree not to sue each other or any of their agents, employees, attorneys, representatives, officers, elected or appointed officials, or representatives of any kind or in any capacity for or on account of any claim, cause of Dispute, or controversy arising from, in any way connected with, any act or omission which is alleged in the Dispute or which could have been alleged in the Dispute. Nothing in this subsection shall be construed to, nor is it intended to, limit any legal or equitable remedies any party hereto may have to enforce the other party's obligations to fulfill all of the obligations and covenants it has undertaken in this Agreement. D. Changing Facts. It is understood and agreed by the parties and their agents, employees, officers, attorneys and representatives that this Agreement shall act as a full and complete release of any claims which the parties may have against each other and their agents, employees, representatives, officers, and elected officials with respect to the matters set forth in this Amendment notwithstanding any change or mistake of fact. E. Section 1542 Waiver of Future Damages. The parties understand that they may have claims or damages, greater than they presently believe of which they are unaware. This release is expressly intended to cover and include all such damages defects and discoveries relating to any facts, relationships or transactions which arise out of or are related in any way to the Dispute. With reference to the Dispute, the parties hereby expressly waive and relinquish all rights and benefits conferred to them pursuant to California Civil Code Section 1542 which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor. It is understood and agreed by the parties and their agents, employees, officers, attorneys and representatives that this Agreement shall act as a full and complete release of any claims which.the parties may have against each other and their agents, employees, representatives, officers, and elected officials with respect to the matters set forth in this Amendment notwithstanding any change or mistake of fact. Page 4 i F. No Admission of Liability. The parties acknowledge that the execution of this Amendment does not constitute an admission or confession of any liability or obligation by the person or entities released herein concerning any claim, charge, cause of action, assertion, contention and/or demand made in the Dispute. Both parties specifically deny any liability for the Dispute referred to herein. G. Representation by Counsel. The parties warrant that they are both represented by counsel which represent them with respect to this Agreement and g all matters covered by it. The parties further warrant that they have been fully advised by their attorneys with respect to their rights and obligations and with respect to the execution of this Amendment, and the parties hereby authorize and direct their attorneys to execute any and all documents to take such other and further actions as may be necessary or appropriate to implement and complete this Amendment. H. Invalidity of Provision. In case any provision of this Amendment shall in any respect be declared invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other term or condition of this Amendment and this Amendment shall be interpreted as though such illegal, unenforceable or invalid term or condition is not a part thereof. I. Modification. This Amendment may be altered or modified only by an agreement in writing signed by all parties. J. Merger. This Amendment contains the entire agreement of the parties and supersedes any and all prior contemporaneous agreements or understandings, written and/or oral. K. Titles. Titles of various paragraphs of this Amendment are used for the convenience of reference only and are not intended to and shall not in any way enlarge or diminish the rights or obligations of the parties or affect the meaning or cons truction of this document. L. Applicable Law. This Amendment shall be construed and enforced pursuant to the laws of the State of California. M. Warranty of Authority. The parties agree, represent and warrant that they have the sole rights and exclusive authority to execute this Amendment and receive the consideration therefore, and that neither party has sold, assigned, transferred, conveyed or purported to sell, assign, transfer, or convey or otherwise dispose of any claim, demand, cause of action or any other right relating to any matter covered by this Amendment. Page 5 N. Attorneys Fees Provision. The parties understand and agree that in the event suit or arbitration is brought to enforce or interpret any part of this Amendment, the prevailing party shall be entitled to recover attorneys' fees to be fixed by the court. O. Successors. The parties expressly covenant that this Amendment shall inure to the benefit of and be binding upon their respective heirs, spouse, administrators, representatives, successors, transferees and assigns. P. Covenant of Coo ration. The parties, on behalf of themselves, their agents, employees, attorneys and representatives, agree to promptly execute any and all documents to effectuate the terms, conditions, purposes, and aims of this Amendment. Q. Warranty of Execution. The parties represent and warrant that each person whose signature appears hereon has been duly authorized and has the full authority to execute this Amendment on behalf of that person, persons or entity who is a party to this Amendment. R. Executed Copies. An executed duplicate of this Amendment shall be deemed an original for all purposes. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. A copy shall be deemed an original for all purposes. 111 IlI /Jl Iil IN WITNESS WHEREOF, District and the undersigned Signatory Landowners do hereby and fully execute this Agreement on the date first written above. Page 6 DISTRICT Midpeninsula Regional Open Space District, a public district Approved as to Form: By: Susan M. Schectman General Counsel R=mmended for Approval: By: L. Craig Britton General Manager Approved and Accepted: By: Kenneth C. Nitz President, Board of Directors Attest: By: Deirdre C. Dolan, District Clerk Date: Page 7 MONTGOMERY HIGHLANDS ASSOCIATION 510-27-001 Date: Bernard E. Porter,Trustee Date: Rhonda A. Porter,Trustee B. E. and R.A. Porter Revocable Trust,dated 11/10/1997 20800 Calton Drive Los Gatos, CA 95030 510-27-002 Date: Fariborz Agandel Date: Armin Afsaneh 15931 Overlook Drive Los Gatos, CA 95030 510-27-003 Date: Robert H. Reid Date: Karin E. Reid 15941 Overlook Drive Los Gatos, CA 95030 510-27-006 Date: John S. Carlton,Trustee Date: Debbie S. Carlton,Trustee Carlton Revocable Trust,dated 1/4/1991,as amended 19750 Littlebrook Drive Los Gatos, CA 95030 Page 8 510-27-007 Date: E. Phil Hayes,Trustee Date: Barbara J.Hayes,Trustee Hayes Revocable Trust,dated 6/20/1996 4000 N. Rodeo Gulch Road Soquel, CA 95073 510-27-008 Date: Larry K.Geisel Date: Rhoda J. Geisel 19747 Littlebrook Drive Los Gatos, CA 95030 510-27-010 Date: Alison E. Hopkins Date: H. Roger Hopkins 15940 Overlook Drive Los Gatos, CA 95030 510-27-011 Date: Jay Terence Harris,Trustee Date: Christine Harris,Trustee Jay and Christine Harris Revocable Trust,dated 11/14/1997 19630 Carson Drive Los Gatos, CA 95030 510-27-012 Date: Jack Van Den Heuvel Date: Maria A. Va n Den Heuvel 19580 Canon Drive Los Gatos, CA 95030 Page 9 +r 510-27-013 Date: Gilbert Mesa Date: Barbara Mesa 19525 Caflon Drive Los Gatos, CA 95030 510-27-015 Date: Miles Rankin Date: , Miles Rankin,Trustee Marital and Exemption Trust under the Will of Juliette Rankin,dated 9/19/1984 19561 Canon Drive Los Gatos, CA 95030 510-27-016 Date: Phillip N. White,Trustee Date: Barbara D.White,Trustee White Family Trust,dated 5/25/1989 15970 Hidden Drive Los Gatos, CA 95030 510-27-034 Date: Steven J. Mazzoni Date: Sheila R.Mazzoni 19601 Canon Drive Los Gatos, CA 95030 510-27-035 ' Date: Leslie K. Logan 19631 Carson Drive Los Gatos, CA 95030 Page 10 510-27-038 Date: Leroy J. Grose,Trustee Date: Susan K. Grose,Trustee Grose 1997 Living Trust 16050 Overlook Drive Los Gatos,CA 95030 510-27-039 Date: Amardeeg Misha Date: Elizabeth Ann Twaddell 19700 Overlook Drive Los Gatos, CA 95030 510-27-040 Date: John Baker Weiss Date: Patricia Weiss 15968 Hidden Drive Los Gatos,CA 95030 510-27-046 Date: Thomas J. Cohn Date: Margaret Cohn 19767 Littlebrook Drive Los Gatos, CA 95030 510-27-047 • Date: Paul J. Smith Date: Barbara A. Smith 19801 Littlebrook Drive Los Gatos,CA 95030 Page 11 510-27-OQ4 Date: Alex Barkas 16040 Overlook Drive Los Gatos,CA 95030 510-28-003 Date: Steve Krotoski 19550 Littlebrook Drive Los Gatos,CA 95030 510-28-014 Date: Dana Pefferle 19577 Littlebrook Drive Los Gatos, CA 95030 Page 12 IrmSan Jose Water Company BUSINESS DEVELOPMENT ADMINISTRATION 374 West Santa Clara St. 1265 S.Bascom Ave.,S.J.95128 San Jose,CA 95196-0001 Facsimile: 408-279-7889 Writer's Direct Dial: 408-279-7873 November 27, 2000 Mr. L. Craig Britton Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Mr. John Weiss Chairman Montgomery Highlands Association 15968 Hidden Drive Los Gatos, CA 95030 Reference: Water Tank, Pump Station, and Main Extension Montgomery Highlands, Los Gatos Dear Messrs. Britton and Weiss: As requested, enclosed are final plans for the installation of new water facilities. These new water facilities will in essence replace an existing private water system that provides water to homeowners of the Montgomery Highlands Association (MHA). Also enclosed are two construction agreements that cover the installation of these facilities. Our final estimate of costs for the installation of all facilities is $2,142,410 and this amount is itemized below. DISTRIBUTION FACILITIES (Mains, Hydrants, and Services) 2,170'— 8" DICL Pipe $ 574,390 5,950'—6" DICL Pipe 406,710 11 —6" Hydrants 39,650 22— 1 Y? General Metered Services (sizes assumed) 0 Sub-Total $1,020,750 WATER TANK Including, but not limited to: Site Grading,Retaining Walls, Tank Foundation, Tank Fabrication, Tank Erection, Tank Site Piping and Appurtenances, Demolition of Existing Water Tanks, Soil Removal from New Tank Site to Site of Existing Water Tanks $ 881,660 PUMP STATION Including,but not limited to: Site Structures and Improvements,Pump Assembly, Piping, Electrical $ 240,000 TOTAL $2,142,410 The agreements enclosed are in triplicate. The first agreement is a Main Extension Contract — B Rule (Form 4) that covers the installation of the DISTRIBUTION FACILITIES. The second agreement is a Relocation of Water Facilities Agreement (Form 16) that covers the installation of the WATER TANK and the PUMP STATION. The DISTRIBUTION FACILITIES along with the WATER TANK and the PUMP STATION constitute the new WATER SYSTEM. The parties must execute and return all copies of each agreement and the appropriate monetary deposits made with us before San Jose Water Company (SJWC) will process the installation proposal for construction. In addition, one copy of this letter must be submitted with original signatures as acknowledgement of the further obligations needed to effectively complete this project. Original signatures may be submitted upon counterpart originals. As agreed, these documents have signature blocks for two applicants who are the Midpeninsula Regional Open Space District (DISTRICT) and the Signatory Landowners of the MHA. It is understood that DISTRICT is a legally formed special district under the laws of the State of California and the MIIA is an unincorporated association of the Signatory Landowners that will be recognized as a responsible party for the purposes of this transaction. Mr. John Weiss represents the Signatory Landowners of the MHA as chairman of the association. The Form 16 agreement is a "non-refundable" agreement. No portion of the final actual cost as determined by the terms of the agreement will be refunded over time to the applicants by SJWC if New Applicants receive service in the future. The Form 4 agreement is a "refundable" agreement. Any refund due by the terms of this agreement shall be paid by SJWC to DISTRICT for distribution on behalf of the two applicants. If the final actual cost of construction per these agreements exceeds the estimated cost, the applicant responsible for making the additional payment to SJWC is MHA alone. If the actual cost of construction per these agreements is less than the estimated cost, SJWC will refund 46 the difference to MHA. It is understood and agreed that DISTRICT will make a total monetary deposit of$1,300,000.00 as its share of the estimated costs of the WATER SYSTEM and that the Signatory Landowners of the MHA will be, jointly and severally, solely responsible for the deposit and payment of estimated and actual costs of construction and installation of the WATER SYSTEM in excess of$1,300,000.00. Monthly billings for General Metered Service to MHA members will commence upon installation of the new water meter. A copy of our rate schedule is enclosed for your information and use. Please note that since the new meter location will, in all likelihood, be different from the existing points of service from the MHA water system, each homeowner will be responsible for connecting his or her own private piping to the new meter. Additionally, water pressure at the meter to the property at Santa Clara County Assessor's Parcel No. 510-27-007 will be below the standard 40 pounds per square inch required by General Order 103 of the California Public Utilities Commission. Water pressure at this property may not be adequate for use without the installation and maintenance of a private pressure system by the property owner. SJWC will require the owners of this one parcel to sign and record an acknowledgment of this condition for notice to any future owners of the property. As further condition for this agreement, each MHA member and DISTRICT will be expected to execute a quitclaim deed and grant of easement in a form similar to Exhibit A of this letter. The grant of easement portion of the document will finalize permission for SJWC to install and maintain its DISTRIBUTION FACILITES in the existing paved and unpaved roadways fronting the properties of all MHA members and the property of DISTRICT. DISTRICT will contribute and convey to SJWC Santa Clara County Assessor's Parcel No. 510-27-033 (the "Pump House Land") as well as an area, not to exceed one acre, from Santa Clara County Assessor's Parcel No. 510-28-012 (the "Reservoir Land"), together with an easement for an access road if requested by SJWC. Said parcels shall be used by SJWC solely for the construction, installation, repair, expansion and maintenance of the facilities. DISTRICT shall also provide a soil deposit site and reasonable access thereto on Assessor's Parcel No. 510- 28-012 if requested by SJWC for use only in conjunction with construction and operation of this WATER SYSTEM. It is understood and agreed that the DISTRICT was required to approve a Negative Declaration and Mitigation Monitoring Program under the California Environmental Quality Act for its approval of the land conveyances described above. The Mitigation Monitoring Program is attached hereto marked Exhibit B. A condition of the DISTRICT's conveyance of the Pump House Land and the Reservoir Land to SJWC is that these mitigation measures be implemented as part of the design, construction and installation of the WATER SYSTEM. SJWC agrees that it will implement, or cause its contractors or consultants to implement, these mitigation measures in the design, construction and installation of the facilities, except those measures which are the sole responsibility of the DISTRICT. In the event of a conflict between the terms of this letter agreement and the attached Form 16 and Form 4 Agreements, the terms of this letter agreement shall control. 3 By executing this letter agreement, neither DISTRICT nor MHA waives any of the obligations, terms or conditions of that certain Agreement entered into on May 10, 2000 and as thereafter amended from time to time, between DISTRICT and Signatory Landowners who are members of MHA (the "Landowner Agreement") and MHA and DISTRICT intend that such Landowner Agreement shall continue in full force and effect. Said Landowners Agreement describes and specifies the respective rights and obligations of MHA and DISTRICT that the co- applicants have separately agreed to between themselves with respect to the design, construction and installation of facilities and, among other things, specifies how MHA and DISTRICT have agreed to apportion the costs and obligations of applying for installation of the facilities. SJWC is not a party to the Landowner Agreement. Regulatory questions regarding this transaction should be directed to Mr. Palle Jensen of our Regulatory Affairs Department. Si cerely,)I S W WaynF S. en u, Mana� usiness Dev lopment WSW/WW NB's 94-030,99-398,99-400 ACKNOWLEDGED AND AGREED Midpeninsula Regional Open Space District(Applicant) By: Date: L. Craig Britton, General Manager Montgomery Highlands Association(Applicant) 510-27-001 Date: Bernard E. Porter, Trustee, Date: Rhonda A. Porter, Trustee B. E. and R. A. Porter Revocable Trust, dated 11/10/1987 20800 Canon Drive Los Gatos, CA 95030 4 510-27-002 Date: Fariborz Agandel Date: Armin Afsaneh 15931 Overlook Drive Los Gatos, CA 95030 510-27-003 Date: Robert H. Reid Date: Karin E. Reid 15941 Overlook Drive Los Gatos, CA 95030 510-27-006 Date: John S. Carlton,Trustee Date: Debbie S. Carlton,Trustee Carlton Revocable Trust, dated 1/4/1991, as amended 19750 Littlebrook Drive Los Gatos, CA 95030 510-27-007 Date: E. Phil Hayes, Trustee Date: Barbara J. Hayes, Trustee Hayes Revocable Trust, dated 6/20/1996 4000 N. Rodeo Gulch Road Soquel, CA 95073 5 46 i i 510-27-008 Date: Larry K. Geisel Date: Rhoda J. Geisel 19747 Littlebrook Drive Los Gatos, CA 95030 510-27-010 Date: Alison E. Hopkins Date: H. Roger Hopkins 15940 Overlook Drive Los Gatos, CA 95030 510-27-011 Date: Jay Terence Harris, Trustee Date: Christine Harris, Trustee Jay and Christine Harris Revocable Trust, dated 11/14/1997 19630 Canon Drive Los Gatos, CA 95030 510-27-012 Date: Jack Van Den Heuvel Date: Maria A. Van Den Heuvel 19580 Canon Drive Los Gatos, CA 95030 6 510-27-013 Date: Gilbert Mesa Date: Barbara Mesa 19525 Cahon Drive Los Gatos, CA 95030 510-27-015 Date: Miles Rankin Date: Miles Rankin,Trustee Marital and Exemption Trust under the Will of Juliette Rankin,dated 9/19/1984 19561 Cafton Drive Los Gatos, CA 95030 510-27-016 Date: Phillip N. White, Trustee Date: Barbara D. White, Trustee White Family Trust, dated 5/25/1989 15970 Hidden Drive Los Gatos, CA 95030 510-27-034 Date: Steven J. Mazzoni Date: Sheila R. Mazzoni 19601 Cafion Drive Los Gatos, CA 95030 ♦ 7 510-27-035 Date: Leslie K. Logan 19631 Carton Drive Los Gatos, CA 95030 510-27-038 Date: Leroy J. Grose,Trustee Date: Susan K. Grose, Trustee Grose 1997 Living Trust 16050 Overlook Drive Los Gatos, CA 95030 510-27-039 Date: Amardeep Misha Date: Elizabeth Ann Twaddell 19700 Overlook Drive Los Gatos, CA 95030 510-27-040 Date: John Baker Weiss Date: Patricia Weiss 15968 Hidden Drive Los Gatos, CA 95030 8 510-27-046 Date: Thomas J. Cohn Date: Margaret Cohn 19767 Littlebrook Drive Los Gatos, CA 95030 510-27-047 Date: Paul J. Smith Date: Barbara A. Smith 19801 Littlebrook Drive Los Gatos, CA 95030 510-27-004 Date: Alex Barkas 16040 Overlook Drive Los Gatos, CA 95030 510-28-003 Date: Steve Krotoski 19550 Littlebrook Drive Los Gatos, CA 95030 510-28-014 Date: Dana Pefferle 19577 Littlebrook Drive Los Gatos, CA 95030 40 9 SAN JOSE WATER COMPAI U168W) Revised— P.U.C. Sheet No. 1096-W San Jose, California Canceling Revised Cal. P.U.C. Sheet No. 10�71-W Schedule No. 1 GENERAL METERED SERVICE APPLICABILITY Applicable to general metered water service. TERRITORY Portions of Cupertino, San Jose, and Santa Clara, and in Campbell, Los Gatos, Monte Sereno, and Saratoga and in contiguous territory in the County of Santa Clara. RATES Quantity Rate: Per100 cu. ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.4455 Service charges: Per Meter Per Month For 5/8 x 3/4-inch meter. . . . . . . . . . . . . . . . . . . . . . . . $ 7.20 For 3/4-inch meter. . . . . . . . . . . . . . . . . . . . . . . . 7.20 For 1-inch meter. . . . . . . . . . . . . . . . . . . . . . . . 12.50 For 1-1/2-inch meter. . . . . . . . . . . . . . . . . . . . . . . . 30.50 For 2-inch meter. . . . . . . . . . . . . . . . . . . . . . . . 49_00 For 3-inch meter. . . . . . . . . . . . . . . . . . . . . . . . 95.00 For 4-inch meter. . . . . . . . . . . . . . . . . . . . . . . . 157.00 For 6-inch meter. . . . . . . . . . . . . . . . . . . . . . . . 298.00 For 8-inch meter. . . . . . . . . . . . . . . . . . . . . . . . 500.00 For 10-inch meter. . . . . . . . . . . . . . . . . . . . . . . . 790.00 The service charge is a readiness-to-serve charge which is applicable to all metered service and to which is added the charge for water used computed at the Quantity Rate. SPECIAL CONDITIONS 1. Customers who receive water deliveries for agricultural purposes under this schedule, and who present evidence to the utility that such deliveries qualify for the lower pump tax rates levied by the Santa Clara Valley Water District for agricultural water, shall receive a credit of $0.6405 cents per 100 cubic feet on each water bill for the quantities of water used during the period covered by that bill. 2. All bills are subject to the reimbursement fee set forth in Schedule No. UF. (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice No. 321 Palle Jensen Date Filed MAY 5 2000 Director, Effective JUN Dec. No. Regulatory Affairs Resolution No. 2 TITLE WHEN RECORDED MAIL TO: San Jose Water Company 1265 South Bascom Avenue San Jose,CA 95128 Attn: Wayne Warren SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: THIS DEED AND COVENANT is made and entered into this day of 2000, by and between I First Party, and SAN JOSE WATER COMPANY, a California corporation, Second Party. First Party, for and in consideration of the sum of ONE (1) DOLLAR, the receipt whereof is hereby acknowledged, does hereby release and quitclaim to Second Party and to its successors and assigns forever: 1. Any and all right, title or interest in the Montgomery Highlands Association water system, including but not limited to all water mains, meters, meter boxes, pumps, fittings, water tanks and real property and real property easements owned or operated by Montgomery Highlands Association, or its successor. 2. Any and all right, title and interest owned individually, separate and apart from Montgomery Highlands Association, in any and all water system property, including but not limited to all water mains, meters, meter boxes, pumps, fittings, water tanks and real property easements used owned or operated by District or its successors for the benefit of all owners of real property located within Montgomery Highlands. First Party hereby covenants to defend and hold Second Party harmless from any and all obligations or liabilities of the Montgomery Highlands Association to the extent such obligations and liabilities were incurred prior to the date of execution of this document. First Party, individually and as a member of the Montgomery Highlands Association, hereby quitclaims to Second Party all right, title and interest of First Party in any non-exclusive easement for ingress and egress and the right and privilege of excavating for and laying pipelines as and when and as often as the same may be desirable in the opinion of the Second Party, together with all fittings, connections and appliances which Second Party may desire to install in connection therewith, for the transmission and distribution of water and also the right of maintaining, using and replacing and/or enlarging such pipelines, connections, fittings and appliances, and also the right and privilege of relaying, repairing, removing and/or renewing such pipelines, connections, fittings and appliances, using pipe, fittings, connections and/or appliances either of the same size or sizes as may first be installed or of any other size or sizes and also an easement along such pipelines, connections, fittings and appliances, upon, in, through, along and across Canon Drive, Bainter Avenue, Hidden Drive, Woodwardia Lane, Little Brook Drive and Overlook Drive, as said roads are shown on the following Maps or Records of Surveys: Book P of Maps, Pages 53 and 54 (filed February 9, 1921) Book 9 of Maps, Page 49 (filed January 27, 1947) Book 14 of Maps, Page 4 (filed March 14, 1947) Book 16 of Maps, Page 27 (filed December 30, 1947) Book 23 of Maps, Page 31 (filed July 20, 1949) Book 25 of Maps, Page 28 (filed January 5, 1950) Book 25 of Maps, Page 55 (filed April 11, 1950) Book 27 of Maps, Page 35 (filed August 3, 1950) Book 58 of Maps, Page 48 (filed June 8, 1955), all recorded in the Official Records of the County of Santa Clara, State of California, and upon, in, through, along and across the existing paved roadways commonly known as Caflon Drive, Bainter Avenue, Hidden Drive, Woodwardia Lane, Little Brook Drive and Overlook Drive, to the extent that said roadways do not fall within said roads as described in said Maps and Records of Survey. The respective rights, covenants and conditions contained herein shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, First Party has executed this deed and covenant the day and year first above written. MITIGATION MONITORING PROGRAM ADDITION TO EL SERENO OPEN SPACE PRESERVE INTRODUCTION This mitigation monitoring program(MMP)describes the mitigation monitoring process for the project, the Addition to El Sereno Open Space Preserve. The MMP also describes the role and responsibilities of the Midpeninsula Regional Open Space District(the District) in ensuring the effective implementation of the mitigation measures the District adopts. . The Midpeninsula Regional Open Space District is an independent special district, with an elected board of directors, formed to acquire,preserve, and maintain open space. As a special district established under California's Public Resources Code(section 5500, et seq),the Midpeninsula Regional Open Space District is a public agency. The California Environmental Quality Act (CEQA), in Section 21081.6 of the Public Resources Code, requires a public agency to adopt a monitoring or reporting program when it approves or carries out a project for which a Mitigated Negative Declaration has been adopted. The Midpeninsula Regional Open Space District sponsored and acted as lead agency in the preparation of an Initial Study and Mitigated Negative Declaration that assessed the possible environmental effects of the acquisition of 258.91 acres to expand El Sereno Open Space Preserve. As required by Section 15097 of the CEQA Guidelines, the lead agency for the Mitigated Negative Declaration remains responsible for monitoring implementation of the mitigation measures in accordance with the MMP. The purpose of this mitigation monitoring program is to ensure that measures adopted to mitigate or avoid significant environmental impacts in the Mitigated Negative Declaration are implemented. The Midpeninsula Regional Open Space District views the monitoring program as a means of incorporating the mitigation measures for its acquisition to expand El Sereno Open Space.Preserve into this project. With the exception of one, all of the mitigation measures set out in the Mitigated Negative Declaration -- including those required by CEQA and those not required by CEQA -- will be included by the District as a condition to any subsequent disposition agreement for land associated with a replacement water system (see below), as described in the staff report, dated May 10, 2000, to the Board of Directors of the Midpeninsula Regional Open Space District. PROJECT BACKGROUND The project sponsor and lead agency for the Mitigated Negative Declaration, the Midpeninsula Regional Open Space District(District), proposes to expand the approximately 1152-acre El Sereno Open Space Preserve with the acquisition of 258.91 acres of land located on the slopes Mitigation Monitoring Program for the Addition to El Sereno Open Space Preserve _1 ESA 2=lti MITIC IN NIONITORING PROGRAM[ of El Sereno in unincorporated Santa Clara County. rP n . The acquisition consists uisition Y q slsts of three parcels: two contiguous parcels with a total area of 258.81 acres and a noncontiguous 0.1-acre parcel. The site includes an existing water system that supplies several off-site residential parcels in the Montgomery Highlands area, northeast of the project site. Most of the residential parcels have easements to the project site in order to be provided water and road maintenance. Under the terms of the purchase agreement, the District is required to assume any easement obligations that exist to provide water and road maintenance to certain adjacent parcels. As a part of the project and because the water system is in need of repair, the District would contribute$800,000 toward replacing the existing system. The homeowners will quitclaim to the District all easements related to the water system. The replacement water system and the land occupied by the water tank and any underground pipes on the site would eventually be transferred to the San Jose Water Company to own and operate. The project site would remain closed to the general public. a In accordance with the California Environmental Quality Act(CEQA), the Midpeninsula Regional Open Space District prepared a Mitigated Negative Declaration that evaluates the potential environmental impacts of the 258.91-acre acquisition. In completing the Initial Study process, the District determined that the project would have potentially significant impacts in the following areas: • Aesthetics; • Air Quality; • Biological Resources; • Cultural Resources; • Geology and Soils; • Hydrology and Water Quality; • Noise; • Transportation/Traffic. r In the instances where the environment could potentially be significantly affected by the project, appropriate mitigation measures were identified for adoption. Each of the identified impacts can be mitigated to avoid the impact or to reduce it to a less than significant level. The Midpeninsula Regional Open Space District also determined that, although the impact of the project would be less than significant, the District would require additional mitigation measures in the following areas, even though such a measure is not required by CEQA: • Geology and Soils (Mitigation Measure GEO.2); • Public Services (Mitigation Measure FIRE.1). Midgauon Monitoring Program for the Addition to Et Screno open Space Preserve ESA 200216 hII1'IGr. .Q MONITORING PROGRAM ROLES AND RESPONSIBILITIES As the lead agency under CEQA, the Midpeninsula Regional Open Space District is required to monitor this project to ensure that the adopted mitigation measures are implemented effectively. The District will be responsible for ensuring full compliance with the provisions of this monitoring program and has primary responsibility for implementation of this monitoring program, although it is permitted to delegate this responsibility to other public agencies or private entities. The purpose Of this monitoring program is to document that the mitigation measures adopted by the District are implemented. MITIGATION MONITORING PROGRAM The table attached to this program presents a compilation of the Mitigation Measures in the Initial Study and Mitigated Negative Declaration. The purpose of the table is to provide a single comprehensive list of mitigation measures, implementation, oversight responsibility and timing. DISPUTE RESOLUTION PROCESS The Mitigation Monitoring Program is expected to reduce or eliminate many potential disputes. However, in the event a dispute occurs,the following procedure will be observed: Steel: Disputes and complaints (including those of the public) shall be directed first to the staff designated by the Midpeninsula Regional Open Space District(the District) for resolution processes: Senior Acquisition Planner Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-2404 The staff will attempt to resolve the dispute. Step : Should this informal process fail,the District staff may initiate enforcement or compliance action to address the deviation from the proposed project or adopted Mitigation Monitoring Program. Step33: If a dispute or complaint regarding the implementation or evaluation of the Mitigation Monitoring Program or the Mitigation Measures cannot be resolved informally or through enforcement of compliance actions by the District staff, any affected participant in the dispute or complaint may file a written complaint with the , District Board of Directors. Such a complaint p nt should be addressed to: President, Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Mitigation htonitoring Program for the Addition to E!Sereno Open Space Preserve -3- ESA 200216 MITIGATION MONITORING PROGRAM MITIGATION MONITORING TABLE Implementation Oversight Impact Mitigation Measure Responsibility Responsibility Timing AESTHETICS VIS.I: The replacement water tank VIS.1: The District shall require that the area surrounding The District and/or the San Jose Senior This mitigation may appear visible from tower the replacement water tank,to be located 200 feet north of Water Company,and all private Acquisition measure'shall be elevations and could result in. the existing water tanks,be replanted with native trees and entities that contract with the San Planner,District included by the Distr disruption and discontinuity Co the plants that together form visual watts around the outside of Jose Water Company to design as a condition to any existing panorama of scenic vistas the water tank to lessen the tank's visibility. and/or construct the replacement disposition agreement visible from the project site,near water tank. This mitigation measure for land associated the project site,or from more shall be included by the District as a with a water system distant locations. [Mitigation Measure Required by the District l condition to any disposition that replaces the agreement for land associated with a existing water system. water system that replaces the The landscaping shall existing water system. be included in the drawings and specifications for the replacement water tank. VIS.2: The District shall require that the replacement The District and/or the San Jose Senior This mitigation 1 water tank,to be located 200 feet north of the existing Water Company,and all private Acquisition measure shall be water tanks,shall be submerged below grade,to the extent entities that contract with the San Planner,District included by the District possible. Jose Water Company to design as a condition to any and/or construct the replacement disposition agreemet water tank. This mitigation measure for land associated (Alifigation Measure Required by the Districtl shall be included by the District as a with a water system condition to any disposition that replaces the agreement for land associated with a existing water system. water system that replaces the existing water system. Mitiplicm Mtntitutin},1'rogr m Ibr the Addition tit FSA 20(1216 V1 Srn•nn t 1wil 11,nrr 19r�rr�r 1 R4l`!'IGA1'ION R10N1'1'OIiiNC I'ROCkARQ Impact Mitigation Measure Implementation Oversight AESTHETICS(coot.) Responsibility . Responsibility Timing VIS.3: 'Phis District shall require that the outer walls of The District he San Jose the replacement water tank,to be located 200 feet north of Water Company,anor td all private Senior the existing water tanks,shall be painted with non- me s mitigation entities that contract with the San Planner, strict included by thasure shall e District reflective paint,in a color that blends with the surrounding Josc Water Company to design landscape. as a condition to any and/or construct the replacement water tank. This mitigation measure disposition agreement • Aliti ration Aleasure Require b iherD/strict condishall tion to any disposition District as a for land associated with a water system that agreement for land associated with a replaces the existing water system that replaces the water system. Non- existing water system, reflective exterior paint for the replacement water tank shall be included in the drawings and specifications for the AIR QUALITY replacement water tank. AQ.1: Construction of the AQ.1: The District shall require implementation of replacement water system would 13AAQMD basic control measures to control dust during The District and/or the San Jose Senior conflict with or obstruct excavation and construction activities. Water Company,;uul all private This mitigation implementation of the Bay Area p Acquisitiort mcasttrc shall tx entities that Contract with the San Air Quality Management District's [Alitiratin,i Measure Re�rufred by the Dictr/rr) Jose Water Company to design 1 !`tttrtc r, District included by the District BAAQMD)BAAQMD CEQA —'--dal and/or construct the replacement as a condition to any Guidelines. water tank. This mitigation measure disposition agreement shall be included by the District as a for land associated with condition to any disposition A water system that agreement for land associated with a replaces the existing water system that replaces the water system. Prior to existing water system. any excavation or construction activities, the BAAQMD basic control measures will be incorporated into the ----------------- project. Mitigation Monitoring Program for the Addition to Et Sereno Open Space Preserve -S ESA 200216 MITIGATION MONITORING PROGRANI Implementation Oversight_ Impact Mitigation Measure Responsibility Responsibility Timing BIOLOGICAL RESOURCES 1310.1: Based on a March 2000 1110.I: In order to avoid potential impacts to nesting raptors,a The District and/or the San Jose Water Senior Acquisition This mitigation measure biological reconnaissance survey of no-disturbance buffer zone shall be established around active nests during the breeding season. If construction activities Company,and all private entities that Planner, District shall be included by the the project site,potentially suitable contract with the.San Jose Water District as a condition to habitat was detected for nesting and/or activities related to removal of the existing tanks are Company to construct the replacement any disposition scheduled to occur during the breeding season,pre- raptors. Human disturbances from water tank. This mitigation measure agreement For land construction surveys of all potentially active nest sites within y associated with a water construction activities could shall be included b the District as a temporarily alter nesting behavior 0.5 mile of the affected project routes would be conducted in. condition to any disposition agreement system that replaces the and may contribute to a loss of for land associated with a water system existing water system. reproductive potential at active', areas that constructi may potentially have nesting raptors. If on activities and/or activities related to removal of that replaces the existing water system. Prior to any constructiL located near the project routes. the existing tanks are scheduled to occur during the non- nesting season,then no surveys would be required. If surveys activities related to indicate that nests are inactive or potential habitat is replacement water unoccupied during the construction and/or tank removal system,if construction period,no further mitigation would be required, If active is to begin during the nests are found,the District shall require establishment of a breeding season,a 500 foot no-disturbance buffer around the active nest. buffer zone will be established by a The size of individual buffers may be adjusted based on an qualified biologist. evaluation of the site by a qualified raptor biologist. The evaluation would be based on the presence of topographical features that obstruct the line of site from the construction and/or tank removal activities to the nest or observations of the nesting pair during construction based on the level of ongoing disturbance(e.g.,existing site traffic)and the observed sensitivity of the birds. Site evaluations and buffer adjustments would be done in consultation with the local i• t CDFG representative. The portion of the project route that is within the designated buffer would be identified in the field by staking and flagging. If tank construction activities and/or activities related to removal of the existing tanks occur only during the non-breeding season between August 31 and February 1,no surveys are required. To avoid effects on active nest sites,tank removal,restoration and tank installation activities may not occur within specified bufti:r zones during the February I to August 31 breeding period,or until it is determined that young have fledged. Implementation of these measures would reduce potential project impacts to nesting raptors to a less-than-significant level. [N/itigation Nteasrtre Required-by the District) Mitigation Monitoring Program for the Addition to E1 Se �o O1wn Space Preserve rve .6. ESA�t�216 mm N•liTIGATION MON!•rOR►NG 1'R4GRA!\1 _ Mitigation Impact Implementation Oversight gation Measure Responsibility Responsibility Timing BIOLOGICAL RESOURCES (coot.) . [habitat IO.2: Based on a March 2000 BIO.2:To protect potential breeding bats,pre-construction The District and/or the San Jose Senior iological reconnaissance survey of surveys and avoidance measures will be implemented. Water Company,and all private Acquisition uisition This mitigation e project site, potentially suitable Tree removal to accommodate the tank site will not occur entities that contract with the San Planner, District measure included byuthe District was detected for federally- between May I and September 15 to avoid impact during Jose Water Company to construct the protected bats. Human the reproductive season of bat?;. If clearing is to occur replacement water tank. If clearing as a condition to any disturbances from construction during the reproductive season;a general survey for bats begins during the reproductive disposition agreement activities could cause bats to and bai'riiosts within the project area will be conducted by qualified biologist will for land associated abandon their roosts and could = season,a result in reproductive failure. a qualified biologist prior to construction•to verify bat conduct a survey to verify bat with a water system absence. If the survey indicates the potential presence of absence. This mitigation measure that replaces the special slants breeding bats, the results will be coordinated shall be included by the District as a existing water system. with the Region 3 office of the CDFG and suitable condition to any disposition Prior to any avoidance measures will be developed. Tank removal,site agreement for land associated with a construction activities restoration and/or construction activities will observe water system that replaces the related to the buffer zones of at least 100-feet from active bat roosts. existing water system. replacement water system,if tree removal is scheduled to occur (Agitiraliarr Afeasrtre Regr�irety Ure Hier,; between May I and September 15,a t qualified biologist will verify the absence of bats and bat roosts within a 100-foot radius of the construction area. � I I , Mitigalion Monitoring Program for the Addition In 1:1 Scnnu 01VII Space 11n:wnw 7" FSA 2(t)216 ' II MITIGATION MONITORING PROGRAM Implementation Oversight Impact Mitigation Measure Responsibility Responsibility Timing CULTURAL RESOURCES CUL.1: The proposed project CUL.I:This mitigation nteas•Ure shall he included by the The District and/or the San Jose Senior his would require limited excavation District as a condition to any disposition agreement for Water Company,and all private Acquisition measurer hall be and clearance associated with land associated with a water system that replaces the entities that contract with the San Planner,District included by the District removal of the existing water tanks existing water system. The District shall require that in Jose Water Company to construct the and construction of the replacement the event human skeletal remains are encountered,the replacement water tank. This as a condition to any water tank. Archaeological disposition agreement project sponsor will immediately notify the County mitigation measure shall be included resources have been identified on Coroner. Upon determination by the County Coroner that by the District as a condition to an for land associated other nearby District lands. : disposition agreement for land the remains are Native American,the Coroner shall P y th a water system th that replaces the Although unlikely because of the contact the California Native American Heritage associated with a water system that location, the project could Commission re existing water system. potentially result in the , pursuant to subdivision(c)of section places the existing water system. Immediately upon unintentional uncovering of human 7USU.5 of the Health and Safety Code and the County discovery of the remains. Coordinator of Indian Affairs. If artifacts are found on the resource,all work in site,a qualified archaeologist shall be contacted along with the area will cease. the County Planning.Office. No further disturbance of the artifacts may be made except as authorized by the County i Planning Office. (Milit glion Alegsure Required by the 1)istcka CUL2: Paleontological resources CUL.2:The District shall require that if,in the course of The District and/or the San Jose Senior This ion have been identified in Santa Clara, excavation activities related to construction of a new water Water Company,and all private Acquisition m e suretst all be and the project includes areas that tank, including any trenching or excavation associated entities that contract with the San Planner, District included by the District are part of ancient slides. with installation of new water pipes on or near the project Jose Water Company to construct the Excavation activities would take site,and activities related to the removal of the existing replacement water tank. This di a condition eei ny place in areas that have not been tanks,paleontological resources are found,all work shall mitigation measure shall be included disposition aciated t)tt t surveyed for paleontological cease immediately,and a qualified archaeologist or by the District as a condition to an for land associated resources. paleontologist shall he contacted along with the County disposition agreement for land y with a water system Planning Office. No further disturbance of the associated with a waters stem that that replaces the existing water system, replaces paleontological resources shall be permitted except as P .the existing water system Immediately upon authorized by the County Planning Office. discovery of the resource,all work in the area of the [tLliti+�atign Measure Re triter)by the District) discovery will cease. Mitigation Monitoring Pnigrun for the Addition to Iil se rent)Open Space Ihewrve g_ ESA 200216 A11't'tGATION 10N1'1'ORINC 1'ROGRAMI Impact Mitigation Measure Implementation OversightRes Responsibility ' p y Responsibility Timing. GEOLOGY AND SOILS GE0.1: Preliminary geotechnical GEO.1: The water tank design shall comply with site- The District and/or the San Jo se Senior investigations for the water tank specific recommendations for seismic design criteria, as Water Company,and all private Acquisition measure This shallmitigation indicate that the tank would he provided by the project geotechnical engineer,the seismic entities that contract with the San. located on bedrock,chosen for its design requirements of the California Building Code,. Jose Water Company to construct the Planner, District included by the District ability to landslides and policies of the Santa Clara Counr y General Plan,the replacement water tank. This as a condition to any groundshaking better than nearby recommendations of the County Geologist,and the mitigation measure shall be included disposition agreement sites. However,the geotechnical rccµtiremcnts of the Santa Clara County Environmental by thei District as a condition to any for land associated investigations have not been Resources Agency. The geotechnical analysis shall disposition agreement for land with a water system finalized,and the site is located in a include site-specific analysis of groundshaking,peak associated with a water system that that replaces the seismically active area that could ground acceleration,and co-seismic hazards,including replaces the existing water system. existing weer system. generate severe groundshaking liquefaction, lateral spreading,and densification The geotechnical during an earthquake. settlement. The report would include specific requirements will be recommendations for foundation design to accommodate included in all the earthquake hazards,and any additional seismic drawings and requirements for maintaining adequate fireflow,within an specifications for the acceptable level of risk. replacement water system prior to the execution of any [Mitigation Measure Required by the District] disposition agreement related to the replacement water GEO.2: Ground-disturbing GEO.2:The District shall require preparation and system. activities, including removal of implementation of a Storm Water Pollution Prevention Water rCompany,and all private Acqor the San Jose uisition This mitigation vegetation,could temporarily cause Plan(SWPPP)for the project site with mitigation q measure shall be increased water runoff rates and measures included to control accelerated erosion and Jose WaterCompany to constrcontract with the uct t the Planner,District included by the District concentrated flows and may cause sedimentation that would avoid the impacts due to soil replacement water tank. This as a condition to any accelerated erosion,with a. erosion. disposition agreement consequent loss of soil mitigation measure shall be included by the District as a condition to any for land associated productivity. Mitigation Measure with a water system HYDO.I would provide an disposition agreement for land [Mitigation Measure Discretionary But Required by the associated with a water system that that replaces the adequate mitigation measure to District] replaces the existing water system. existing water system. reduce any potential construction- related erosion and sediment SWP.PPs must be submitted prior to the transport: The hazard would commencement of any therefore be deemed low,and less construction-related than significant. The following activities for the measure is added to further assure replacement water protection from any construction system. activities relating to the proposed replacement of the water tank. F Mitigation Monitoring Program for the Addition to F1 Sereno Open Space Preserve ESA 200216 M1'1'ICATtON hIONITORING PROGI?AM Implementation Oversight Impact Mitigation Measure Responsibility Y Responsibility Timing HYDROLOGY AND WATER U Q ALITY HYDRO.I: Construction of the HYDRO.1:The District shall monitor all construction The District and/or the San Jose Senior proposed replacement water system activities associated with installation of the replacement Water Company,and all private This mitigation could induce erosion and gullying water system,including the roadways used for y P ate Acquisition measure shall ebe due to the steeply sloped area and activity Y ruck entities that contract with the San Planner D'P Y P y associated with construction. Applicable best Jose Water Company to construct the District included by the District the exposure of disturbed soil as management practices(BMPs)for stormwater replacement water tank. This as a condition to any part of the water tank construction management and erosion control will be implemented mitigation measure shall be included disposition agreement and trenching necessary to install according to site-specific conditions to reduce erosion and by the District as a condition to an for land assoc system water lines. sediment transport. All destabilized areas will be y with a water system disposition agreement for land controlled through applicable BMPs and stabilized associated with a water system that that replaces the following construction. BMPs to be applied to reduce replaces the existing water system. existing water system. erosion and sedimentation and will conform to standards Monitoring of of the California Storm Water Best Management Practice stormwater Handbook for Construction Activity. The District will management and ensure that a construction monitor will be in place to erosion control implement appropriate BMPs and take corrective action if programs during pre- further BMPs are warranted. Post-construction monitoring construction activities. of the water tank area,roadways,and all pipelines corridors will be implemented to monitor for potential erosion of previously disturbed areas during the first storm season following construction. [Mitigation Measure Required by the District] NOISE NOISE.1: The proposed project NOISE.1:All contractors constructing the replacement The District and/or the San Jose Senior would include construction near water system shall comply with the County Noise Water Company,and all private Acquisition This mitigation sensitive receptors at levels in Ordinance to reduce the impact of the construction q measure shall be P entities that contract with the San Planner,District excess of standards established in equipment noise and any associated groundborne Jose Water Company. This included by the District the Santa Clara County General vibration. as a condition to any Plan or noise ordinance,or other mitigation measure shall be included by the District as a condition to an disposition agreement applicable standards. [Mitigation Measure Required by the District] Y for land associated with disposition agreement for land a water system that associated with a water system that replaces the existing'water system. replaces the existing water system. Prior to any construction work, the County Noise Ordinance will be a provision of any contract. Mitigation Monitoring Program for the Addition to El Serena Open Space Preserve .10- ESA 200216 �1I'I'IGATION MbNI'CORtNC!'Itt7GRANI Impact Implementation Oversight p Mitigation Measure Responsibility g tt p y Responsibility Timing NOISE(cont.) NOISE.?: All contractors working on the replacement The District and/or the San Jose Senior water system shall muffle or otherwise control all Water Company,and all private Acquisure shall be sition This mitigation construction equipment and trucking operations with a entities that contract with the San Planner, District ncluded by the District high noise potential, as feasible. New equipment shall be Jose Water Company. This used whenever possible. All construction and trucking mitigation measure shall be included as a condition to any equipment should be inspected at periodic intervals to by the District as a condition to any disposition agreement ensure proper maintenance and heneb,lbwer noise levels. disposition agreement for land for land associated associated with a water system that with a water system [Mitigation Measure Required by the District) that replaces the . replaces the existing water system existing water system Prior to any construction work,the provisions to muffle or control all equipment and trucking operations with high noise potential,the use of new equipment when possible,and the requirement for regular inspections will be provision of any PUBLIC SERVICES Iconstruction contract. FIRE.1: The project site would be FIRE.1:To facilitate firefighting activities in the project _ adequately protected by the two fire area,the Open Space District shall document all roadways The District. Operations Immediately upon the stations located near the project and paths on the proposed project,and provide maps of the Manager,District close of escrow,the site,by the addition of fire hydrants site to the Santa Clara County Central Fire Protection District will provide near the site,and by the District District and the California Department of Forestry 's Alma maps to the rangers. Although there would'be Station. Santa Clara County no significant impact to fire Central Fire Protection protection services as a result of the District and the project,the following mitigation [Mitigation Measure Discretionary But Required by the California Department measure would further lessen the District] of Forestry's Alma need for additional firefighting Station. protection for the project site. Mitigation Monitoring Program for the Addition to Ef Sereno Open Space Preserve ESA 200216 NUTIGATION MONITORING PROGRAM Implementation Oversight Impact Mitigation Measure Responsibility Responsibility Timing TRANSPORTATION/TRAFFIC TRAF.1: A temporary increase in TRAF.1: Prior to construction of the replacement water The District and the San J Water Senior traffic could occur as a result of system,removal of the existing water tanks,and Jose This mitigation restoration of the area where�lhe existing water tanks are Company,and all private entities that Acquisition construction vehicles associated measure shall be contract with the San Jose Water Planner, District included by the District with the construction of the now located,a construction schedule;a plan for maintaining access b Company for work associated with replacement water system and $ y residents and delivery trucks to as a condition to any local roads,and a parking the replacement water system. This removal of the existing water tanks. p g plan for construction-related disposition agreement vehicles and construction workers'private vehicles must mitigation measure shall be included for land associated be submitted to the District. In addition,all property by the District as a condition to any with a water system' owners in the impacted area must be provided with copies disposition agreement for land that replaces the system that s of the proposed construction schedule and parking plan. associated with a waters y existing water system. 'I replaces the existing water system Before construction commences,the [Mitigation Measure Required by the District] San Jose Water Company will meet with the Montgomery Highlands Association to work out a construction schedule, circulation plan and . parking plan for construction-related vehicles and workers' vehicles. ! ti Mitigation Monitoring Program for the Addition to 1-1 Sereno Oren Space Preserve 12• ESA 200216 After Recording Mail To: San Jose Water Company 1265 South Bascom Avenue San Jose,CA 95128 Attn:Wayne Warren A.P.N. 510-27-009 SPACE ABOVE THIS LINE FOR RECORDER'S USE 510-28-012 510-27-033 QUITCLAIM OF PUBLIC UTILITY INTERESTS AND GRANT OF EASEMENT THIS DEED AND COVENANT is made and entered into this 13" day of December, 2000, by and between Midpeninsula Regional Open Space District, a public district established pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, herein the First Party, and SAN JOSE WATER COMPANY, a California corporation, herein the Second Party. 1. First Party, for and in consideration of the sum of ONE (1) DOLLAR, the receipt whereof is hereby acknowledged, does hereby release and quitclaim to Second Party and to its successors and assigns forever any and all right, title or interest in the Montgomery Highlands Association water system, including but not limited to all water mains, meters, meter boxes, pumps, fittings and water tanks owned or operated by District, but excluding any real property, any and all interests therein that are not a part of, or required for, the Montgomery Highlands Association water system, and any non-exclusive rights of ways. 2. First Party hereby grants to Second Party an easement for ingress and egress and the right and privilege of excavating for and laying pipelines as and when and as often as the same may be desirable in the opinion of the Second Party, together with all fittings, connections and appliances which Second Party may desire to install in connection therewith, for the transmission and distribution of water and also the right of maintaining, using and replacing and/or enlarging such pipelines, connections, fittings and appliances, and also the right and privilege of relaying, repairing, removing and/or renewing such pipelines, connections, fittings and appliances, using pipe, fittings, connections and/or appliances either of the same size or sizes as may first be installed or of any other size or sizes and also an easement along such pipelines, connections, fittings and appliances, upon, in, through, along and across Cahon Drive, Baintw Avenue, Hidden Drive, Woodwardia Lane, Little Brook Drive and Overlook Drive, as said roads are shown on the following Maps or Records of Surveys: Book P of Maps, Pages 53 and 54 (filed February 9, 1921) Book T of Maps, Page 10 (filed October 8, 1926) Book 9 of Maps, Page 49 (filed January 27, 1947) Book 14 of Maps, Page 4 (filed March 14, 1947) Book 16 of Maps, Page 27 (filed December 30, 1947) Book 23 of Maps, Page 31 (filed July 20, 1949) Book 25 of Maps, Page 28 (filed January 5, 1950) Book 25 of Maps, Page 55 (filed April 11, 1950) Book 27 of Maps, Page 35 (filed August 3, 1950) Book 58 of Maps, Page 48 (filed June 8, 1955) all recorded in the Official Records of the County of Santa Clara, State of California, and further, upon, in, through, along, and across the existing paved roadways commonly known as Canon Drive, Bainter Avenue, Hidden Drive, Woodwardia Lane, Little Brook Drive and Overlook Drive, to the extent that said roadways do not fall within said roads as described in said Maps and Records of Survey. 3. First Party hereby covenants to defend and hold Second Party harmless from any and all obligations or liabilities of the District to the extent such obligations and liabilities were incurred prior to the date of execution of this document. 4. The respective rights, covenants and conditions contained herein shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, First Party has executed this deed and covenant the day and year first above written. Approved and Accepted: By: Dated: Kenneth C. Nitz President, Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA On December .2000,before me, ,a Notary Public in and for the County and State aforesaid,personally appeared Kenneth C.Nitz who is personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on such instrument,the person,or the entity upon behalf of which the person acted, executed the instrument. WITNESS,my hand and official seal. Signature: 40 SAN JOSE WATER COMPANY Relocation of Water Facilities Midpeninsula Regional Open Space District Montgomery Highlands Association AGREEMENT THIS AGREEMENT, made and entered into this day of 2000,by and between the person or persons listed in the signature blocks hereof, hereinafter collectively referred to as "Applicant", and SAN JOSE WATER COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of California, hereinafter referred to as "Utility", WITNESSETH: WHEREAS, Applicant is the owner of certain real property situated in the County of Santa Clara, State of California; and WHEREAS, on said real property there are certain water facilities in an area in said County of Santa Clara, as more particularly shown on that certain map attached hereto marked Exhibit "A" and by this reference made a part hereof, said facilities being hereinafter referred to as the "Old Facilities"; and WHEREAS, Applicant has requested Utility to undertake certain construction work involving the relocating, removing or abandoning of the Old Facilities and/or the installation of certain new water facilities, hereinafter referred to as the "New Facilities", all as more particularly set forth on Exhibit "A" hereto; and WHEREAS, such work is not covered by Utility's Rule 15, a copy of which is attached hereto as Exhibit B; and WHEREAS, Utility is willing to accomplish such work upon the New and Old Facilities, said facilities being hereinafter sometimes referred to collectively as the "Total Facilities", provided that the actual total installed cost of the same shall be borne by Applicant as more particularly set forth below; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, terms and provisions herein contained, it is agreed as follows: 1. AppIicant. The names and addresses of the person or persons, partnership or corporation herein collectively referred to as Applicant are as follows: 1 p��� ��" `+b; 'fix t x �,i �" �� ,��r � ; �� ��: �e ,. � , , � . �x "� �u* y �,,t `�� �^ �. x �... ��.„ ;� �, �w x „� s ,_ a �� �. +r a = ^�' �` . x e ,= �' .` ,.• *z.` �y+.� e `� �'�, a�' "�;. :� . �'" �.,.�;M ,e.; .x;. , �� �:. . ;�.�. �„ , _.� ��, �,� "`' * �, � a"; ... r i „^�, ��. q= s �r p¢,'a 4 � '. x; i�'y.� ^,AFL &�C'-� � «� � ti*R^. 4_v ? j. �.R. T"µ�. w� i Name: Midpeninsula Regional Open Space District Attn: General Manager Address: 330 Distel Circle Los Altos, CA 94022-1404 Name: Signatory Landowners Montgomery Highlands Association Attn: John Weiss Address: 15968 Hidden Drive Los Gatos, CA 95030 2. Applicable Form. This Agreement is entered into pursuant to the requirements and in accordance with the form of agreement in effect and on file with the California Public Utilities Commission (Commission). This Agreement does not, therefore, require specific authorization of the Commission to carry out its terms and conditions. 3. Applicant's Deposit. The estimated total installed cost of accomplishing work upon the Total Facilities, hereinafter referred to as the "Estimated Cost," is $1,121,660.00. Applicant has deposited with Utility an amount equal to the Estimated Cost, receipt of which is hereby acknowledged by Utility. The Estimated Cost shall include any income tax component authorized by the Commission at the date of execution of this agreement. 4. Installation of Facilities. Utility agrees that it will, as soon as necessary material and labor are available and necessary permits, licenses, other governmental authorizations, easements and rights of way in form satisfactory to Utility have been executed by Applicant and delivered to Utility, commence and prosecute to completion with all reasonable diligence the work upon the Total Facilities. Utility reserves the right to make such changes in design or materials as it may deem necessary. If such change results in a 10% or greater increase in the Estimated Cost, Utility shall give written notice to Applicant of the amount of such cost increase and will demand an additional deposit to cover the increased cost. If within ten (10) days of giving such notice of cost increase, Applicant gives Utility written notice to discontinue such work upon the Total Facilities or fails to provide the additional required deposit, Utility shall discontinue the same and shall forthwith refund to Applicant the unexpended portion, if any, of Applicant's deposit. If Applicant does not give Utility written notice to discontinue such work within ten (10) days after such notice of cost increase, Utility may proceed with such work at its option. Within sixty (60) days after Utility has ascertained its actual costs of installing the New Facilities, it will provide Applicant with a statement of the same showing in reasonable detail the costs incurred for material, labor and other direct and indirect costs, overheads and total costs, or unit costs or contract costs, whichever are appropriate. If such actual construction costs shall not have been determined within one hundred twenty (120) days after completion of construction work, a preliminary determination of actual costs shall be submitted, based upon the best available information at that time. Upon completion of the work upon the Total Facilities, if the actual total installed cost thereof including applicable income taxes is greater or less than the total amount deposited by Applicant hereunder, the difference shall forthwith be paid by 2 Applicant to Utility or refunded by Utility to Applicant as the case may be. It is expressly agreed that there shall be included in said actual total installed cost any sums paid for materials used in such work upon the Total Facilities by reason of price increases applicable to such materials. If Utility shall, for its own uses, replace any portion of the Old Facilities with a pipe or pipes of larger size (oversizing), then the current difference in price to Utility between such smaller and larger pipe shall be excluded from said actual total installed cost. However, if such oversizing is the result of Applicant's service requirements, then such costs will be included in the actual total installed cost. Subject to the provisions of this paragraph, no other refund will be made to Applicant for any sums deposited or to be deposited by Applicant with Utility hereunder except pursuant to the terms of Paragraph 5. 5. Grades. If at the Applicant's request the New Facilities are installed in easements or rights of way where final grades have not been established or in streets whose grades have not been brought to those established by public authority, Applicant, upon written notice by Utility, shall deposit with Utility forthwith the estimated cost, including applicable income taxes, as determined by Utility, of relocating, raising or lowering the New Facilities upon establishment of final grades. Adjustment of any difference between the amount so deposited and the actual cost of relocating, raising or lowering the New Facilities shall be made within thirty (30) days after Utility has ascertained such actual cost. Utility will refund the entire deposit including applicable income taxes relating to such proposed relocation, raising or lowering when appropriate authority determines that such displacements are not required. 6. Applicant's Agreements. Applicant agrees to use its best efforts to assist Utility to obtain any and all permits, franchises or other governmental authorizations which may be required for the work upon the Total Facilities or the subsequent operation and maintenance of the same. Applicant further agrees to convey or cause to be conveyed to Utility any and all easements and rights of way which may be later determined to be necessary or reasonably appropriate for the work upon the Total Facilities or for the installation of the New Facilities or the subsequent operation and maintenance of the same. Applicant's agreement in this Paragraph 6 is in no way limited to those easements and rights of way provided for in Paragraph 4 hereof. Applicant further agrees to permit the abandonment in place certain of the Old Facilities. 7. Ownership. The New Facilities to be installed hereunder and all construction work in connection therewith as well as such of the Old Facilities as are not abandoned in place by Utility shall be and remain at all times the property of Utility, and Applicant shall have no right, title or interest whatsoever in or to the same. S. Construction Delay. Utility shall not be responsible for any delay in construction resulting from any cause beyond its control, including, but without limiting the generality of the foregoing, any delay resulting from inability to obtain sufficient proper materials and supplies, labor disturbances or shortages, or weather conditions. In the event Utility is unable to obtain sufficient materials to meet all construction requirements necessary to provide adequate service to all of its customers, it shall be entitled to allocate materials obtained by it to such construction projects as in its sole discretion it deems most important to the service needs of its customers, and any delay in the work upon the Total Facilities resulting from any such allocation of materials by Utility shall be deemed to be a cause beyond its control and it shall not be responsible for such delay. 9. Notices. Any notice which may or shall be given by either party to the other shall be deemed to have been duly given when deposited in the United States mail, registered or certified, postage prepaid and addressed to the party to whom such notice is given at the following addresses: To Applicant: Midpeninsula Regional Open Space District Attn: General Manager 330 Distel Circle Los Altos, CA 94022-1404 Signatory Landowners Montgomery Highlands Association Attention: Mr. John Weiss 15968 Hidden Drive Los Gatos, CA 95030 To Utility: San Jose Water Company 374 W. Santa Clara Street San Jose, CA 95196 Either party, by notice, may change the address to which notice shall thereafter be addressed. 10. Nature of Obligation of Applicant. If more than one person is named in Paragraph 1 hereof, the obligations of the persons executing this agreement as Applicant shall be joint and several; however the rights and obligations of Applicant for payment of any increased costs under Paragraph 4 hereof shall be,jointly and severally, solely those of Applicant Signatory Landowners, Montgomery Highlands Association, Attention John Weiss, 15968 Hidden Drive, Los Gatos, CA 95030. All refunds due Applicant under Paragraph 4 hereunder shall be delivered to Applicant Midpeninsula Regional Open Space District at the address provided herein for the v giving of notice without recourse. g 11. Successors and Assi ns. This Agreement shall inure to the benefit of and shall g gr bind the respective heirs executors administrators successors and assigns of the parties hereto. p � 12. Utility's Rizht to Offset. In the event Applicant shall become entitled to a repayment or refund under the provisions of this Agreement, Utility shall have the right at such time to offset against the amount then due Applicant hereunder the total amount of any indebtedness then due or owing by Applicant to Utility. 13. Jurisdiction of the Public Utilities Commission. This Agreement shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may from time to time direct in the exercise of its jurisdiction. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate the day and year first above written. SAN JOSE WATER COMPANY(Utility) By: Date: Title: By: Date: Title: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (Applicant) By: Date: L. Craig Britton, General Manager MONTGOMERY HIGHLANDS ASSOCIATION(Applicant) 510-27-001 Date: Bernard E. Porter, Trustee Date: Rhonda A. Porter, Trustee B. E. and R. A. Porter Revocable Trust, dated 11/10/1987 20800 Canon Drive Los Gatos, CA 95030 510-27-002 Date: Fariborz Agandel Date: Armin Afsaneh 15931 Overlook Drive Los Gatos, CA 95030 5 510-27-003 Date: Robert H. Reid Date: Kann E. Reid 15941 Overlook Drive Los Gatos, CA 95030 510-27-006 Date: John S. Carlton,Trustee Date: Debbie S. Carlton, Trustee Carlton Revocable Trust, dated 1/4/1991, as amended 19750 Littlebrook Drive Los Gatos, CA 95030 510-27-007 Date: E. Phil Hayes, Trustee Date: Barbara J. Hayes, Trustee Hayes Revocable Trust, dated 6/20/1996 4000 N. Rodeo Gulch Road Soquel, CA 95073 510-27-008 Date: Larry K. Geisel Date: Rhoda J. Geisel 19747 Littlebrook Drive Los Gatos, CA 95030 i 6 510-27-010 Date: Alison E. Hopkins Date: H. Roger Hopkins 15940 Overlook Drive Los Gatos, CA 95030 510-27-011 Date: Jay Terence Harris, Trustee Date: Christine Harris,Trustee Jay and Christine Harris Revocable Trust, dated 11/14/1997 19630 Canon Drive Los Gatos, CA 95030 510-27-012 Date: Jack Van Den Heuvel Date: Maria A. Van Den Heuvel 19580 Canon Drive Los Gatos, CA 95030 510-27-013 Date: Gilbert Mesa Date: Barbara Mesa 19525 Canon Drive Los Gatos, CA 95030 7 510-27-015 Date: Miles Rankin Date: Miles Rankin, Trustee Marital and Exemption Trust under the Will of Juliette Rankin, dated 9/19/1984 19561 Caflon Drive Los Gatos, CA 95030 510-27-016 Date: Phillip N. White, Trustee Date: Barbara D. White, Trustee White Family Trust, dated 5/25/1989 15970 Hidden Drive Los Gatos, CA 95030 510-27-034 Date: Steven J. Mazzoni Date: Sheila R. Mazzoni 19601 Canon Drive Los Gatos, CA 95030 510-27-035 Date: Leslie K. Logan 19631 Canon Drive Los Gatos, CA 95030 4V 510-27-03$ Date: Leroy J. Grose, Trustee Date: Susan K. Grose, Trustee Grose 1997 Living Trust 16050 Overlook Drive Los Gatos, CA 95030 510-27-039 Date: Amardeep Misha Date: Elizabeth Ann Twaddell 19700 Overlook Drive Los Gatos, CA 95030 510-27-040 Date: John Baker Weiss Date: Patricia Weiss 15968 Hidden Drive Los Gatos, CA 95030 510-27-046 Date: Thomas J. Cohn Date: Margaret Cohn 19767 Littlebrook Drive Los Gatos, CA 95030 9 510-27-047 Date: Paul J. Smith Date: Barbara A. Smith 19801 Littlebrook Drive Los Gatos, CA 95030 510-27-004 Date: Alex Barkas 16040 Overlook Drive Los Gatos, CA 95030 510-28-003 Date: Steve Krotoski 19550 Littlebrook Drive Los Gatos, CA 95030 510-28-014 Date: Dana Pefferle 19577 Littlebrook Drive Los Gatos, CA 95030 40 10 MONTGOMERY HIGHLANDS RESERVOIR, PRESSURE SYSTEM AND WATER MAIN IMPROVEMENTS SAN JOSE WATER COMPANY JULY 2000 ///IN���DEX OF SHEETS - - � �-[ � �SITE GO- MAIN INSTALLATION(14894 30j r� w��,,� sRE LoeAnoN BOOSTER STATION a u aaNanAL PLAN SITE - � u ae].sAAL PLAN , 4 g+- OaNe]1AL PUN0" a u nn],nowNPWi RIC a �- rurwwN PLAw 00- BOOSTER PUMP STATION(N899 39B) SAN JOSE WATT I,V CE PRESIDENT CHIEF ENGINEER DATE anew SAN JOSE WATER COMPANY T - —PLAN a Zy NECNAMCAL PLAN �p u pRAKA - ENGINEERING,SAN JOSE WATER COMPANY DATE ,1 y, atacfnlGL WIT PLAN - ,]a ]y P11YP IITATION aucrnlCAL ,] ]` P aN LNa f /i GO- Os TANK(NB99.400) �Ttr moo. ]Lam 1 oaNEnAL Wra PLAN PLANNING,SAN JOSE WATER COMPANY DATE WfE PIAN f r �� 1a M1GR1i� PIIINY PUJ Aa+p .�7 /�v/ m 11 ]►l1�ll -/P��'` tl ty elTAN.s nn+a p�rA,�>• (fj o� M' STORAGE RESERVOIR Ia P u SITE ''j: �� SCMAAF 8 W EELEFI,CONSULnNG CIVIL ENGINEERS DATE 9NI833W9N3 1,1 I ]a 2� fI1YMi6W4DRYNi- 'A�Nwa,cw� ]�is � IOY 1 L W ],o y� iMPlslEFM["-Taw MN 03AM38 Z ]]o =� aLIR1pG1 p1ll1LfM wrtfn�0 O San Jose Water Company Y MONTGOMERY u Y „-4�� u ,.a `� p HIGHLANDS A TANK SITE&BOOSTER WATER SYSTEM -STATION LOCATION o Schaaf V Wheeler Aa 9N WN WA.NPLIF]tY YVgsam AS W,Dv`N Q1 INOLf,N aANrA MaM1Gf]MC H Prreery sm a A/K <�Da)aws+asa �y Rule No. 15 MAIN EXTENSIONS A. General Provisions and Definitions 1. Applicability a. All extensions of distribution mains, from the utility's basic production and transmission system or existing distribution system, to serve new customers, except for those specifically excluded below, shall be made under the provisions of this rule unless specific authority is first obtained from the Commission to deviate therefrom. A main extension contract shall be executed by the utility and the applicant or applicants for the main extension before the utility commences construction work on said extensions or, if constructed by applicant or applicants, before the facilities comprising the main extension are transferred to the utility. b. Extensions primarily for fire hydrant, private fire protection, resale, temporary, standby, or supplemental service shall not be made under this rule. c. The utility may, but will not be required to, make extensions under this rule in easements or rights-of-way where final grades have not been established, or where street grades have not been brought to those established by public authority. If extensions are made when grades have not been established and there is a reasonable probability that the existing grade will be changed,the utility shall require that the applicant or applicants for the main extension deposit, at the time of execution of the main extension agreement, the estimated net cost of relocating, raising or lowering facilities upon establishment of final grades. Adjustment of any difference between the amount so deposited and the actual cost of relocating,raising or lowering facilities shall be made within ten days after the utility has ascertained such actual cost. The net deposit representing actual cost is not subject to refund. The entire deposit related to the proposed relocation, raising or lowering shall be refunded when such displacements are determined by proper authority to be not required. 2. Limitation of Expansion a. Whenever the outstanding advance contract balances reach 40 percent of total capital (defined, for the purpose of this rule, as proprietary capital, or capital stock and surplus, plus debt and advances for construction) the utility shall so notify the Commission within thirty days. b. Whenever the outstanding advance contract balances plus the advance on a proposed new extension would exceed 50 percent of total capital, as defined in Section A.2.a. plus the advance on the proposed new extension, the utility shall not make the proposed new extension of distribution mains without authorization of the Com mission. Such au thon'zatio n may be granted by a letter from the Executive Director of the Commission. c. Whenever the outstanding advance contract balances reach the above level, the utility shall so notify the Commission within thirty days. Rule 15-revised 3/99 ' EXHIBIT "B" +r A. General Provisions and Definitions(continued) 3. Definitions a. A "bona-fide customer," for the purposes of this rule, shall be a customer (excluding any customer formerly served at the same location) who has given satisfactory evidence that service will be reasonably permanent to the property which has been improved with a building of a permanent nature, and to which service has commenced. The provision of service to a real estate developer or builder, during the construction or development period, shall not establish him as a bona-fide customer. b. A "real estate developer" or "builder," for the purposes of this rule, shall include any individual, association of individuals, partnership, or corporation that divides a parcel of land into two or more portions, or that engages in the construction and resale of individual structures on a continuing basis. c. The "adjusted construction cost," for the purposes of this rule, shall be reasonable and shall not exceed the costs recorded in conformity with generally accepted water utility accounting practices, and as specifically defined in the Uniform System of Accounts for Water Utilities prescribed by the Commission for installing facilities of adequate capacity for the service requested. If the utility, at its option, should install facilities with a larger capacity or resulting in a greater footage of extension than required for the service requested, the "adjusted construction cost," for the purpose of this rule, shall be determined by the application of an adjustment factor to actual construction cost of facilities installed. This factor shall be the ratio of estimated cost of required facilities to estimated cost of actual facilities installed. 4. Ownership, Design, and Construction of Facilities a. Any facilities installed hereunder shall be the sole property of the utility. In those instances in which title to certain portions of the installation, such as fire hydrants, will be held by a political subdivision, such facilities shall not be included as a part of the main extension under this rule, and will neither be owned by the utility nor subject to refund under the provisions of Section C.2. of this rule. b. The size, type, quality of materials, and their location shall be specified by the utility; and the actual construction shall be done by the utility or by a constructing agency acceptable to it. c. Where the property of an applicant is located adjacent to a right-of-way, exceeding 70 feet in width, for a street, highway, or other public purpose, regardless of the width of the traveled way or pavement; or a freeway, waterway, or railroad right-of-way, the utility may elect to install a main extension on the same side thereof as the property of the applicant, and the estimated and adjusted construction costs in such case shall be based upon such an extension. d. When an extension must comply with an ordinance, regulation, or specification of a public authority, the estimated and adjusted construction costs of said extension shall be based upon the facilities required to comply therewith. 2 46 I I A. General Provisions and Definitions (continued) 4. Ownership,Design, and Construction of Facilities (continued) e. If the following provisions for water conservation are included in local building codes and/or ordinances, the main extension contract shall contain these provisions. (1) All interior plumbing in new buildings shall meet the following requirements. (a) Toilets shall not use more than 3 1/2 gallons per flush, except that toilets and urinals with flush valves may be installed. (b) Shower heads shall contain flow controls which restrict flow to a maximum of approximately 3 gallons per minute. (c) Kitchen and lavatory faucets shall have flow controls which restrict flow to a maximum of approximately 2 gallons per minute. (2) All new parks, median strips, landscaped public areas and landscaped areas surrounding condominiums, townhouses, apartments and industrial parks shall have a well-balanced automatic irrigation system designed by a landscape architect or other competent person, and shall be operated by electric time controller stations set for early morning irrigation. 5. Estimates,Plans, and Specifications a. Upon request by a potential applicant for a main extension of 100 feet or less, the utility shall prepare, without charge, a preliminary sketch and rough estimates of the cost of installation to be advanced by said applicant. b. Any applicant for a main extension requesting the utility to prepare detailed plans, specifications, and cost estimates shall be required to deposit with the utility an amount equal to the estimated cost of preparation of such material. The utility shall, upon request, make available within 45 days after receipt of the deposit referred to above, such plans, specifications, and cost estimates of the proposed main extension. If the extension is to include oversizing of facilities to be done at the utility's expense, appropriate details shall be set forth in the plans, specifications, and cost estimates. c. In the event a main extension contract with the utility is executed within 180 days after the utility furnishes the detailed plans and specifications, the deposit shall become a part of the advance, and shall be refunded in accordance with the terms of the main extension contract. If such contract is not so executed, the deposit to cover the cost of preparing plans, specifications, and cost estimates shall be forfeited by the applicant for the main extension and the amount of the forfeited deposit shall be credited to the account or accounts to which the expense of preparing said material was charged. 3 A. General Provisions and Definitions (continued) 5. Estimates, Plans, and Specifications (continued) d. When detailed plans, specifications, and cost estimates are requested, the applicant for a main extension shall furnish a map to a suitable scale showing the street and lot layouts and, when requested by the utility, contours or other indication of the relative elevation of the vario us parts of the area to be developed. If changes are made subsequent nt to g the pre sentation'hon o q f this map p by the applicant, and these changes require additional expense in revising plans, specifications, and cost estimates this additio nal expense shall be bo rno by the applicant, not subject to refund, and the additional expense thus recovered shall be credited to the account or accounts to which the additional expense was charged. 6. Timing and Adjustment of Advances a. Unless the applicant pp ant for the main extension elects to arrange for the installation of the extension himself, as e rmitted b e 'p y S coon C.l.c., the full amount of the required advance or an acceptable surety bond must be provided to the utility at the time of execution of the main extension agreement. b. If the applicant for a main extension posts a surety bond in lieu of cash, such surety bond must be replaced with h cash not less than ten calendar days before construction is to commence; provided however, that ifs speci al faciliti es are required red riman'd for the servic e requested, the applicant for the extension may be required to deposit sufficient cash to cover the cost of such special facilities before they are ordered by the utility. c. An applicant for a main extension who advances funds shall be provided with a statement of actual construction cost and adjusted construction cost showing in reasonable detail the costs incurred for material, labor, any other direct and indirect costs, overheads, and total costs; or unit costs; or contract costs, whichever are appropriate. d. Such statement shall be submitted within 60 days after the actual construction costs of the installation have been ascer tained by the utility. In the event that the actual constructions costs for the entire installation shall not have been determined within 120 days after completion of construction work, a preliminary determination of actual and adjusted construction costs shall be submitted, based upon the best available information at that time. e. Any differences between the adjusted construction costs and the amount advanced shall be shown as a revision of the amount of advance and shall be payable within thirty days of date of submission of statement. 7. Assignment of Main Extension Contracts Any contract entered into under Sections B and C of this rule, or under similar provisions of former rules, may be assigned, after settlement of adjusted construction costs, after written notice to the utility by the holder of said contract as shown by the utility's records. Such assignment shall apply only to those refunds which become due more than thirty days after the date of receipt by the utility of the notice of assignment. The utility shall not be required to make any one refund payment under such contract to more than a single assignee. 4 A. General Provisions and Definitions (continued) 8. Interpretations and Deviations In case of disagreement or dispute regarding the application of any provision of this rule, or in circumstances where the application of this rule appears unreasonable to either party, the utility, applicant or applicants may refer the matter to the Commission for determination. B. Extensions to Serve Individuals 1. Payment Extensions of water mains to serve new individual customers shall be paid for and contributed to the utility by the individual customer requesting the main extension. Calculation of payment shall be on the basis of a main not in excess of 6" in diameter, except where a larger main is required by the special needs of the new customer. The utility shall be responsible for installing and paying for service pipes, meter boxes and meters to serve the new individual customer provided, however, a Class C or Class D utility, or a Class A or Class B utility district or subsidiary serving over 2,000 or fewer connections, may accept from individual customers amounts in contribution as a connection fee calculated pursuant to the Commission's Connection Fee Data Form contained in the utility's tariffs. 2. Refunds If subsequent applicants for water service are connected directly to the main extension contributed by the original individual customer, such subsequent applicants shall pay to the utility an amount equal to the cost of 100 feet of the original extension. Such amounts shall be immediately refunded by the utility to the initial customer who originally paid for and contributed the main extension to the utility. Total payments to the initial customer by subsequent applicants for water service who are connected directly to the extension shall not exceed the original cost of the extension. No refunds shall be made after a period of ten years from completion of the main extension. C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial Developments, Commercial Buildings, or Shopping Centers 1. Advances a. Unless the procedure outlined in Section C.l.c., is followed, an applicant for a main extension to serve a new subdivision, tract, housing project, industrial development, commercial building, or shopping center shall be required to advance to the utility, before construction is commenced, the estimated reasonable cost of the extension to be actually installed, from the nearest utility facility at least equal in size or capacity to the main required to serve both the new customers and a reasonable estimate of the potential customers who might be served directly from the main extension. The costs of the extension shall include necessary service stubs service pipes, fittings, gates and housing therefore, and meter boxes, but shall not in clude meters. To this shall be added the cost of fire hydrants when requested by the applicant for the main extension or required by public authority, whenever such hydrants are to become the property of the utility.- ♦ 5 i i C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial Developments, Commercial Buildings, or oppmg Centers continued) Advances (continued) b. If special facilities consisting of items not covered by Section C.l.a. are required for the service requested and, when such facilities to be installed will supply both the main extension and other parts of the utility's system, at least 50 percent of the design capacity (in gallons, gpm, or other appropriate units). is required to supply the main extension, the cost of such special facilities may be included in the advance, subject to refund, as hereinafter provided, along with refunds of the advance of the cost of the extension facilities described in Section C.l.a. above. c. In lieu of providing the advances in accordance with Section C.l.a. and C.l.b., the applicant for a main extension shall be permitted, if qualified in the judgment of the utility, to construct and install the facilities himself, or arrange for their installation pursuant to competitive bidding procedures initiated by him and limited to the qualified bidders. The cost, including the cost of inspection and supervision by the utility, shall be paid directly by applicant. The applicant shall provide the utility with a statement of actual construction cost in reasonable detail. The amount to be treated as an advance subject to refund shall be the lesser of(1) the actual cost or (2) the price quoted in the utility's detailed cost estimate. The installation shall be in accordance with the plans and specifications submitted by the utility pursuant to Section A.5.b. d. If, in the opinion of the utility it appears that a proposed main extension will not, within a reasonable period, develop sufficient revenue to make the extension self-supporting, or if for some other reason it appears to the utility that a main extension contract would place an excessive burden on customers, the utility may require non refundable contributions of plant facilities from developers in lieu of a main extension contract. If an applicant for a main extension contract who is asked to contribute the facilities believes such a request to be unreasonable, such applicant may refer the matter to the Commission for the determination, as provided for in Section A.8. of this rule. 2. Refunds a. The amount advanced under Sections C.La., C.Lb., and C.l.c. shall be subject to refund by the utility, in cash, without interest, to the arty or parties entitled thereto as set forth in the ty P following two paragraphs. The total amount so refunded shall not exceed the total of the amount advanced and for a period not to exceed 40 years after the date of the contract. b. Payment of refunds shall be made not later than June 30 of each year, beginning the year following execution of contract, or not later than 6 months after the contract anniversary date if on an anniversary date basis. 6 C. Extensions to Serve Subdivisions, Tracts,Housing Projects,Industrial Developments, Commercial Buildings, or Shopping Centers continue Refunds (continued) c. Whenever costs of main extensions and/or special facilities have been advanced pursuant to Sections C.l.a., C.l.b., or C.l.c., the utility shall annually refund to the contract holders an amount equal to two and one-half percent of the advances until the principal amounts of the contracts have been fully repaid. Whenever costs of special facilities have been advanced pursuant to Sections C.l.b. or C.1.c., the amounts so advanced shall be divided by the number of lots (or living units, whichever is e obtain an average advance per lot facilities are designed to serve, to 0 eater which the special f g �' ) � P (or living unit) for special facilities. When another builder applies for a main extension to serve any lots for which the special facilities are to be used, the new applicants shall, in addition to the costs of his proposed main extension, also advance an amount for special facilities. This amount shall be the average advance per lot for special facilities for each lot to be used less two and one-half percent of the average advance for each year in which refunds have been due and payable on the original contract, prorated to June 30 or the contract anniversary date, on a monthly basis. The amount advanced to the utility by the new applicant shall be immediately refunded to the holder of the original contract,which included the cost of the special facilities, and the original contract advance will be reduced accordingly. The utility will thenceforth refund 2 1/2% annually on each of the contract amounts, as determined above,to the holders of the contracts. Advances and refunds based on additional builder participation will be determined in a similar manner. In no case shall the refund on any contract exceed the amount advanced. 3. Termination of Main Extension Contracts a. Any contract whose refunds are based on a percentage of the amount advanced may be purchased by the utility and terminated provided that the terms are mutually agreed to by the parties or their assignees and Section C.3.c. and Section C.3.d. are complied with. The maximum price that may be paid by the utility to terminate a contract shall be calculated by multiplying the remaining unrefunded contract balance times the appropriate termination factor set out below. No contract that has been in effect for less than 10 years shall be terminated without prior Commission approval. Termination Factors Years Years Years Years Remaining Factor Remaining Factor Remaining Factor Remaining Factor 1 .8929 11 5398 21 .3�001- 31 .2608 2 .8450 12 .5162 22 .3475 32 .2535 3 .8006 13 .4941 23 .3356 33 .2465 4 .7593 14 .4734 24 .3243 34 .2399 5 .7210 15 .4541 25 .3137 35 .2336 6 .6852 16 .4359 26 .3037 36 .2276 7 .6520 17 .4188 27 .2942 37 .2218 8 .6210 18 .4028 28 .2851 38 .2136 9 .5920 19 .3877 29 .2766 39 . 2111 10 .5650 20 .3729 30 .2685 40 .2061 7 C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial Developments, Commercial Buildings, or Shopping Centers (continued) Termination of Main Extension Contracts(continued) b. Any contract with refunds based upon percentage of revenues and entered into under Section C. of the former rule, may be purchased by the utility and terminated, provided the payment is not in excess of the estimated revenue refund multiplied by the termination factor in the following table, the terms are otherwise mutually agreed to by the parties or their assignees and Section C.3.c. and Section C.M. hereof are complied with. The estimated revenue refund is the amount that would otherwise be refunded, at the current level of refunds, over the remainder of the twenty-year contract period, or shorter period that would be required to extinguish the total refund obligation. It shall be determined by multiplying 22 percent of the average annual revenue per service for the immediately preceding calendar year by the number of bona fide customers at the proposed termination date, times the number of years or fractions thereof to the end of the twenty-year contract period or shorter period that would be required to refund the remaining contract balance. Termination Factors Years Years Remaining Factor Remaining Factor 1 .8929 11 .5398 2 .8450 12 .5162 3 .8006 13 .4941 4 .7593 14 .7434 5 .7210 15 .4541 6 .6852 16 .4359 7 .6520 17 .4188 8 .6210 18 .4028 9 .5920 19 .3877 10 .5650 c. The utility shall furnish promptly to the Commission the following information in writing and shall obtain prior authorization by a formal application under Sections 816-830 of the Public Utilities Code if payment is to be made other than in cash: (1) A copy of the main extension contract, together with data adequately describing the development for which the advance was made and the total adjusted construction cost of the extension. (2) The balance unpaid on the contract and the calculation of the maximum termination price, as above defined, as of the date of termination and the terms under which the obligation was terminated. ' (3) The name of the holder of the contract when terminated. d. Discounts obtained by the utility from contracts terminated under the provisions of this section shall be accounted for by credits to Ac. 265, Contributions in Aid of Construction. 8 C. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial Developments, Commercial Buildings, or Shopping Centers (continued) D. Extensions Designed to Include Fire Protection 1. The cost of distribution mains designed to meet the fire flow requirement set forth in Section VIH.1 (a) of General Order No.103 is to be advanced by the applicant. The Utilities shall refund this advance as provided in Section B.2. and C.2. of this rule. 2. Should distribution mains be designed to meet fire flow requirements in excess of those set forth in Section VM.1 (a) of General Order No. 103, the increase in cost of the distribution mains necessary to meet such higher fire flow requirements shall be paid to the utility as a contribution in aid of construction. 3. The cost of facilities other than hydrants and distribution mains required to provide supply, pressure, or storage primarily for fire protections purposes, or portions of such facilities allocated in proportion to the capacity designed for fire protection purposes, shall be paid to the utility as a contribution in aid of construction. E. Income Tax Component of Contributions and Advances Provision 1. Contributions in Aid of Construction and Advances for Construction shall include, but are not limited to, cash, services, facilities, labor,property, and income taxes thereon provided by a person or agency to the utility. The value of all contributions and advances shall be based on the utility's estimates. Contributions and advances shall consist of two components for the purpose of recording transactions as follows: a. Income Tax Component(ITC), and b. The balance of the contribution or advance. 2. Starting from the effective date of the Advice Letter, the ITC shall be calculated by multiplying the following tax factors times the balance of the contribution or advance: a. For CIAC 31.9% b. For AIC 32.5% 3. The tax factors are established by using Method 5 as set forth in Decision No. 87-09-026 in I. 86-11-019. 4. The formula to compute Method 5 includes the following factors: a. Corporate tax rate of: 35.12% b. Franchise tax rate of: 9.30% c. A discount rate of: 9.28% d. A pretax rate of retdm of. 9.81% 5. The ITC tax factor has been derived from the corporate rate and it will remain in effect until the utility's net taxable income changes to the extent that the gross-up rate would increase or decrease by five percentage points or more. When and if that occurs, the utility will file an advice letter showing the new rates and cancel out this sheet. 6. If a utility collects a gross-up calculated by using an incremental tax rate that is more than its actual incremental rate, the difference between what was collected and what should have been collected will be refunded to the contributor. 9 Regional Open ee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-147 Meeting 00-34 December 13, 2000 AGENDA ITEM 4 AGENDA ITEM Appointment of John Maciel as Peace Officer,and Re val of Peace Of Status for John Escobar and Michael Newburn GENERAL MANAGER'S RECOMMENDATION 1. Adopt the attached Resolution of the Board appointing John Maciel as a peace officer. 2. Adopt the attached Resolution of the Board decommissioning the peace officer status of John Escobar and Michael Newbum. DISCUSSION At your meeting of January 14, 1976, you decided that District rangers should 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). John Maciel has met the necessary Penal Code requirements to qualify him for appointment. The passage of the attached resolution will complete the appointment process. John Escobar and Michael Newburn were previously appointed as peace officers. They have both been recently promoted to non-peace officer positions, so the removal of their peace officer status is an appropriate action, consistent with their current job duties of Assistant General Manager and Maintenance and Construction Supervisor, respectively. Prepared by: Gordon Baillie, Management Analyst Contact person: John M. Escobar, Assistant General Manager 330 Distel Circle • Los Altos,CA 94022-1404 Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org _ OE 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. 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: John Maciel ...__. ..._._. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DECOMMISSIONING PEACE OFFICERS The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following persons, having been previously designated as peace officers of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b) of the Penal Code of the State of California, have been promoted to positions which do not require peace officer authority, and their peace officer authority is hereby revoked: John Escobar Michael Newburn Regional Open S ice 1 t R-00-151 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-34 December 13, 2000 AGENDA ITEM 5 AGENDA ITEM Amendments to the District's Conflict of Interest Code GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution amending the District's Conflict of Interest Code. DISCUSSION In accordance with Government Code Section 87306.5 every years two the District is required to review its Conflict of q Interest Code and submit a notice to the code reviewing body(the Fair Political Practices Commission,or FPPQ that specifies whether the code is accurate or needs amendment.The code must be amended when adding or deleting positions covered by the code, changing disclosure categories, or changing job titles. Based on these criteria, the District filed the required notice with the FPPC by October 1, 2000 deadline that its conflict of interest code was in need of amendment. The amended code must be submitted to the FPPC by December 26,2000. The proposed amendments to the Code are: • Adding the Assistant General Manager, Open Space Planner I,Resource Management Specialist, Senior Acquisition Planner,and Land Protection Specialist positions to the list of designated positions. The Assistant General Manager, Senior Acquisition Planner, and Land Protection Specialist positions have been newly created in the past two years. The Resource Management Specialist position replaced the Resource Planner position,which is being deleted as described below. The Open Space Planner I position was not previously designated as a covered position. The disclosure categories for all of these positions will be 1,2, and 3. • Deleting the Resource Planner position that is currently included in the Code but which no longer exists. It was replaced by the Resource Management Specialist position,which is being added as described above. • Revising the job titles of the General Counsel,Administration and Human Resources Manager, Senior Administrative Assistant, Construction and Maintenance Supervisor,Management Analyst, and Attorney positions, which have previously been included in the Code. These job titles were revised earlier this year. In accordance with the FPPC regulations,the District's notice of intention to amend its conflict of interest code has been posted for at least 45 days prior to tonight's Public Hearing on the matter. Notice was also provided to each employee affected by the proposed code amendments. As of the writing of this report,the District Clerk has received no public comments regarding the proposed changes. A complete copy of the proposed conflict of interest code is attached for your review. Prepared by: Deirdre Dolan, District Clerk Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton RESOLUTION 00- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING CONFLICT OF INTEREST CODE WHEREAS, by Resolution No. 95-21 the Board of Directors of the Midpeninsula Regional Open Space District adopted a conflict of interest code pursuant to the Political Reform Act of 1974; and WHEREAS, Government Code Section 87306.5 requires a biennial review of the District's Conflict of Interest Code; and WHEREAS, the District, in accordance with Commission Regulation 18750.1 (2 Cal. Code of Regs. Sec. 18750.1), has prepared code amendments, noticed affected employees and the public of its intent to amend the code, and conducted a public hearing to consider the amendments; NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve to repeal Resolution No. 95-21 and adopt the amended Conflict of Interest Code as contained herein, to be effective on the thirtieth day following approval of the District's amended code by the Fair Political Practices Commission. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CONFLICT OF INTEREST CODE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The fair Political Practices Commission has adopted a regulation, 2 Ca. Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings Therefore, the terms of 2 Cal. Adm. Code Section 18730 and any amendment to it duly adopted by the Fair Political Practices Commission along with the attached appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest code of the Midpeninsula Regional Open Space District, except as provided below. Pursuant to Section 4(A) of the standard Code, designated employees shall file statements of economic interests with the District clerk. Upon receipt of the statements of the Board Members and General Manger, the District Clerk shall retain the original of these statements on behalf of the Fair Political Practices Commission. Exception: The portion of land located within the District boundaries or sphere of influence, or within two miles of the District's boundaries or sphere of influence, or within two miles of any land owned by the District used primarily as the residence of the designated position, including up to three acres in area surrounding such residence, shall not be considered an "interest in real property" for the purposes of this Code and need not be reported, but the rest of any such land shall be reported and its value declared. 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 CONFLICT OF INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX Assigned Disclosure Designated Positions Categories Board Members 1,2,3 General Manager 1,2,3 Land Acquisition Manager 1,2,3 Planning Manager 1,2,3 Operations Manager 1,2,3 Public Affairs Manager 1,2,3 Administration and Human 1,2,3 Resources Mana er Legal eneral Counsel 1,2 3 Controller (to complete Form 721) 1,2,3 Senior 2,3 Administrative Assistant AdFlAiRiStFatiYe Analyst-Mana ement Anal st 2,3 Construction 2,3 & Maintenance Sul2ervisor Supervising Patrol Ranger 2,3 Support Services Supervisor 2,3 Planning Technician 2,3 Open Space Planner 11 1,2,3 1,2,3 Senior Planner 1,2,3 Area Superintendent 1,2,3 Real Property Representative 1,2,3 Reseafeli Attorney 1,2,3 Consultant* 1,2,3 Assistant General Mana er 1,2 3 Sr. Ac uisition Planner 1,2,3 Resource Management S ecialist 1,2,3 012en Sl2ace Planner 1,2,3 Land Protection Specialist 1,2,3 DISCLOSURE CATEGORIES Category 1 — Interests in real property are reportable interests if: A. The real property to which the interest pertains is located in whole or in part within the District's boundaries or sphere of influence, or within two miles of the District's boundaries or sphere of influence, or within two miles of any land owned by the District. Ownership shall include an easement, leasehold, beneficial or legal interest, or option to acquire such interest. B. For purposes of this category, "interest in real property" does not include property used exclusively as the personal residence of the filer, including the residence and up to three acres in area surrounding the residence. The remainder of any such land, if any, shall be reported and its value declared Category 2 A. Investments and business positions in any business entity which is engaged in business within the District and which is of the type which has contracted with the District to provide employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, publications, equipment, vehicles or insurance. B. Investments or business positions in business entities which engage in the design, planning, engineering, construction, materials supply or project management of private or public construction projects which the District. C. Investments or business positions in business entities which engage in the business of brokerage, acquisition, leasing, marketing or disposal or real property within the District. D. Investments of business positions in business entities which, within the District, engage in the preparation of reports, surveys, evaluations or investigations of the type used by the District, including environmental documents such as environmental Impact Reports, real property appraisals land surveys, environmental assessments, hazardous waste investigations, percolation evaluations, engineering reports, biological assessments, geologic or hydrologic evaluations, or evaluation of the physical condition of real property. Category 3 A. Income from any source which provides employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, publications, equipment, vehicles or insurance within the District. B. Income from sources which engage in the design, planning, engineering, construction, materials supply or project management of private or public construction projects within the District. C. Income from sources which engage in the business of brokerage, acquisition, leasing, marketing, or disposal of real property within the District. D. Income from sources which, within the District, engage in the preparation of reports, surveys, evaluation or investigations of the type used by the District including environmental documents such as Environmental Impact Reports, real property appraisals, land surveys, environmental assessments, geologic or hydrologic evaluations, or evaluations of the physical condition of real property. * Consultant Disclosure Category Consultant shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The general manager may determine in writing that a particular consultant, although a "designated position" is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The general manger's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Regional Open 5 ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT f R-00-153 Meeting 00-34 December 13, 2000 AGENDA ITEM _6 AGENDA ITEM Cancellation of December 27, 2000 Regular Board Meeting_ano Scheduling of a Special Meeting of the Board of Directors on December 20, 2000 GENERAL MANAGER'S RECOMMENDATIONS 1. Cancel your December 27, 2000 Regular eeting. 2. Schedule a Special Board Meeting for December 20, 2000. DISCUSSION During the month of December staff attempts to look at the calendar to make sure there are a sufficient number of meetings to complete Board business, while trying not to infringe on normal holiday schedules. This year, as a result of District business that should be completed before the end of the year, it is recommended that there be a second meeting in December scheduled for December 20. i As a result of the District's office being closed during the week of December 25 through December 29 the meeting of December 27 should be cancelled. Therefore, by canceling your meeting of December 27 and scheduling a special meeting for December 20, you would be able to handle all of the anticipated Board business for December. Prepared by: L. Craig Britton, General Manager Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 . Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd®openspace.org + Web site:www.openspace.org ! _ O Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton Regional Open S ice 1 1 R-00-154 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-34 December 13, 2000 AGENDA ITEM 7 AGENDA ITEM Authorization for Administrative Office Staff and Area Superintendents to Observe the 2000 Christmas Eve and Christmas Day Paid Holidays on Monday, December 25 and Tuesday, December 26, and to Close the Administrative Office Ding the Week of December 25 Through December 29, 2000 GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize the administrative office staff and area superintendents to observe the 2000 Christmas Eve and Christmas Day paid holidays on Monday, December 25 and Tuesday, December 26, 2000. 2. Approve the closure of the administrative office during the week of December 25 through December 29, 2000. DISCUSSION Section 1.90 of the Board's Rules of Procedure and Section 6.2(d) of the Personnel Policies and Procedures Manual both state that if a paid holiday falls on a Saturday, the holiday shall be observed on the preceding Friday, and if a paid holiday falls on a Sunday, the holiday shall be observed on the following Monday. This year, the Christmas Eve holiday falls on a Sunday and the Christmas Day holiday falls on a Monday. District policies therefore dictate that the Christmas Eve holiday should therefore be observed on Monday, but that is the Christmas Day holiday. Although not specifically addressed in District policies and procedures, the ordinary practice would be to push the Christmas Eve holiday back to Friday, December 22. At your November 12, 1997 meeting, you approved the closure of the administrative office each year during the week containing the Christmas Eve and Christmas Day designated District holidays (see report R-97-151). In order to provide a more continuous and practical holiday closure experience, the recommended schedule for this year's Christmas holidays is to observe the Christmas Eve and Christmas Day holidays on Monday and Tuesday, December 25 and 26, and the administrative office closure days on Wednesday, Thursday, and Friday, December 27, 28, and 29. (Note that Monday, January 1 is also a paid District holiday, such that the actual office closure will be from December 25 through January 1.) The proposed holiday schedule and administrative office closure would apply only to the administrative office staff. Bargaining unit employees will adhere to the ordinary practice of 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-00-154 Page 2 observing the Christmas Eve holiday on December 22 and the Christmas Day holiday on December 25. Supervising rangers would adhere to the existing non-bargaining unit holiday schedule, observing Christmas Eve on December 25 and Christmas Day on December 26. Area Superintendents would observe the same holiday schedule as the administrative office, although they do not participate in the administrative office closure. As in past years, administrative office employees would be able to use accrued leave time to take the December 27, 28, and 29 closure days off, or, if desired, they could choose to work any or all of the three closure days. The administrative office would remain closed to the public for the entire week. Prepared by: Deirdre Dolan, Administration and Human Resources Manager Contact person: Same as Above Regional Open S ce ' 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I R-00-156 Meeting 00-34 December 13, 2000 AGENDA ITEM S AGENDA ITEM Administer Oath of Office to Re-Elect Director I GENERAL MANAGER'S RECOMMJEN N I Administer the Oath of Office to Jed Cyr, re-elected Direc I DISCUSSION 1 The District held an election in November 2000 for Director, Ward 3. Jed Cyr, the incumbent Director, was re-elected, and should now be sworn into office for his new four-year term. I Prepared by: Deirdre Dolan, Administration and Human Resources Manager Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org ftmwlOF1Bt Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton Claims No. 00-20 Meeting 00-34 Date: Dec. 15, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2612 250.00 Jen Abronson-Walker Public Affairs Intern-Stipend 2613 138.71 ADT Security Services Alarm Service 2614 82.22 All Laser Service Printer Repairs&Maintenance 2615 986.35 AvaY a Financial Service Phone System Installation &Maintenance Y 2616 300.78 Barron Park Supply Company Plumbing Supplies 2617 268.93 Bowerman Electric Electrical Supplies 2618 174.80 California Water Service Company Water Service 2619 23.75 Cal-Line Equipment Inc. Equipment Parts 2620 101.18 Cellular One Cell Phone For Public Affairs Dept. 2621 500,000.00 *** Chicago Title Company Bishop Krone Acq. Signatory Landowners 2622 25.00 City Of Palo Alto Utilities Utility Service 2623 183.97 Cole Supply Company Janitorial Supplies 2624 1,500.00 Cotton, Shires&Associates, Inc. Geologic Mapping 2625 75.00 Jim Davis Automotive Smog Check 2626 137.21 Emergency Vehicle Systems Lightbar Repair 2627 47.46 Federal Express Express Mail 2628 94.54 Forestry Suppliers, Inc. Field Supplies 2629 22.36 Foster Bros. Security Systems, Inc. Key Duplication 2630 62.85 Gould Publications, Inc. Penal Code Of CA 2631 474.90 Green Waste Recovery, Inc. Garbage Service 2632 15,411.99 Harbor Printing Winter 2000 Newsletter&Brochures 2633 1,269.51 Hertz Equipment Rental Equipment Rental 2634 39.73 Javelco Equipment Service, Inc. Equipment Supplies 2635 35.74 Lab Safety Supply Field Supplies 2636 74.23 Lanier Worldwide, Inc. Copier Supplies 2637 275.00 Law Enforcement Psychological Services, Inc. Psychological Services 2638 111.20 Los Altos Garbage Company Garbage Service 2639 261.42 MCI Woridcom Telephone Service 2640 183.24 Mountain View Garden Center Fill Sand 2641 3,649.46 New West Petroleum, Inc. Fuel 2642 1,290,000.00 *** Old Republic Title Company Connor Acquisition 2643 339.84 Pacific Bell Telephone Service 2644 30.00 Palo Alto Weekly Public Notice Of Ward 6 Appointment 2645 7.57 Loro Paterson Reimbursement Uniform 2646 37.67 Peninsula Blueprint Reprographic Enlargements 2647 72.26 Rayne Water Conditioning Water Service 2648 164.00 Regal Dodge, Inc. Replaced Steering Wheel 2649 1,843.06 Roy's Repair Service Vehicle Repairs 2650 3,428.44 Russ Enterprises Signs 2651 88.50 Safety-Kleen Solvent Tank Service 2652 173.92 San Mateo County Times Subscription 2653 297.39 Second Cup Caf6 Business Meeting Expense 2654 2,200.00 Richard Seever-Land Management Resource Pig Control Services 2655 56.25 Signs Of The Times Signs 2656 29.99 Skywood Trading Post Fuel 2657 127.01 *1 Sonia's Deli Local Business Meeting Expense 2658 7.66 Staples Office Supplies 2659 1,800.00 Summit Springs Design Memorial Bench 2660 1,423.49 Summit Uniforms Uniforms 2661 1,258.75 Swanson Hydrology&Geomorphology Hydrologic Assessment-Sierra Azul OSP 2662 700.00 Systems For Public Safety Recruitment Background Checks 2663 395.27 Therma Corp. HVAC Maintenance- Distel Building Page 1 Claims No. 00-20 Meeting 00-34 Date: Dec. 15, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2664 1,000.00 True's Tractors Road Maintenance 2665 49.77 Verizon Wireless Pager Service 2666 438.83 West Group Books, Subscriptions&Internet Access 2667 400.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill Parking Lot 2668 600.37 Workingman's Emporium Uniform Patches 2669 56.04 Xpedite Systems, Inc. Fax Broadcast Services For Press Release Total 1,833,287.61 *** In the event the Agenda Item is not approved, this claim will not be processed. *1 Urgent Check Issued November 28, 2000 Page 2 Claims No. 00-20 Meeting 00-34 Date: Dec. 13, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2612 250.00 Jen Abronson-Walker Public Affairs Intern-Stipend 2613 138.71 ADT Security Services Alarm Service 2614 82.22 All Laser ase Service ce Printer Repairs&Maintenance 2615 986.35 Avaya Financial Service Phone System Installation &Maintenance 2616 300.78 Barron Park Supply Company Plumbing Supplies 2617 268.93 Bowerman Electric Electrical Supplies 2618 174.80 California Water Service Company Water Service 2619 23.75 Cal-Line Equipment Inc. Equipment Parts 2620 101.18 Cellular One Cell Phone For Public Affairs Dept. 2621 500,000.00 *** Chicago Title Company Bishop Krone Acq. Signatory Landowners 2622 25.00 City Of Palo Alto Utilities Utility Service 2623 183.97 Cole Supply Company Janitorial Supplies 2624 1,500.00 Cotton, Shires&Associates, Inc. Geologic Mapping 2625 75.00 Jim Davis Automotive Smog Check 2626 137.21 Emergency Vehicle Systems Lightbar Repair 2627 47.46 Federal Express Express Mail 2628 94.54 Forestry Suppliers, Inc. Field Supplies 2629 22.36 Foster Bros. Security Systems, Inc. Key Duplication 2630 62.85 Gould Publications, Inc. Penal Code Of CA 2631 474.90 Green Waste Recovery, Inc. Garbage Service 2632 15,411.99 Harbor Printing Winter 2000 Newsletter&Brochures 2633 1,269.51 Hertz Equipment Rental Equipment Rental 2634 39.73 Javelco Equipment Service, Inc. Equipment Supplies 2635 35.74 Lab Safety Supply Field Supplies 2636 74.23 Lanier Worldwide, Inc. Copier Supplies 2637 275.00 Law Enforcement Psychological Services, Inc. Psychological Services 2638 111.20 Los Altos Garbage Company Garbage Service 2639 261.42 MCI Worldcom Telephone Service 2640 183.24 Mountain View Garden Center Fill Sand 2641 3,649.46 New West Petroleum, Inc. Fuel 2642 1,290,000.00 *** Old Republic Title Company Connor Acquisition 2643 339.84 Pacific Bell Telephone Service 2644 30.00 Palo Alto Weekly Public Notice Of Ward 6 Appointment 2645 7.57 Loro Paterson Reimbursement Uniform 2646 37.67 Peninsula Blueprint Reprographic Enlargements 2647 72.26 Rayne Water Conditioning Water Service 2648 164.00 Regal Dodge, Inc. Replaced Steering Wheel 2649 1,843.06 Roy's Repair Service Vehicle Repairs 2650 3,428.44 Russ Enterprises Signs 2651 88.50 Safety-Kleen Solvent Tank Service 2652 173.92 San Mateo County Times Subscription 2653 297.39 Second Cup Caf6 Business Meeting Expense 2654 2,200.00 Richard Seever-Land Management Resource Pig Control Services 2655 56.25 Signs Of The Times Signs 2656 29.99 Skywood Trading Post Fuel 2657 127.01 *1 Sonia's Deli Local Business Meeting Expense 2658 7.66 Staples Office Supplies 2659 1,800.00 Summit Springs Design Memorial Bench Page 1 Claims No. 00-20 Meeting 00-34 Date: Dec. 13, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2660 1,423.49 Summit Uniforms Uniforms 2661 1,258.75 Swanson Hydrology&Geomorphology Hydrologic Assessment-Sierra Azul OSP 2662 700.00 Systems For Public Safety Recruitment Background Checks 2663 395.27 Therma Corp. HVAC Maintenance-Distel Building 2664 1,000.00 True's Tractors Road Maintenance 2665 49.77 Verizon Wireless Pager Service 2666 438.83 West Group Books, Subscriptions&Internet Access 2667 400.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill Parking Lot 2668 600.37 Workingman's Emporium Uniform Patches 2669 56.04 Xpedite Systems, Inc. Fax Broadcast Services For Press Release 2670R 510.00 Susannah Anderson-Minshall Reimbursement--Training Expenses 2671R 2,500.00 Association of Bay Area Governments Contribution to Bay Trail Project 2672R 2,870.81 Country Rogue Construction Equipment Operator Services 2673R 935.20 Lanier Worldwide, Inc. Copier Lease Agreement 2674R 1,000.00 North American Title Company Acquisition Deposit 2675R 1,398.19 Office Depot Office Supplies 2676R 41.25 Sonia's Deli Business Meeting Expense 2677R 1,027.98 West Coast Aggregates, Inc. Road Repair Materials 2678R 610.48 Petty Cash Local Business Meeting Expense, Office Supplies, Field Supplies, Resource Management Supplies, Film Developing and Vehicle Expense Total 1,843,571.04 *** In the event the Agenda Item is not approved, this claim will not be processed. *1 Urgent Check Issued November 28, 2000 Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: L. Craig Britton, General Manager Date: December 8, 2000 Re: FYI's 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 Page I of I Main Identity From: Williams, Abraham <Abraham—Williams@intuit.com> To: <mrosd@openspace.org> Sent: Tuesday, December 05, 2000 3:59 PM Subject: Proposed Closures Dear members of the MROSD board, I have read with great concern of the proposed closures to bicycles of several preserves within MROSD lands. I am also extremely troubled by the proposed future reductions in bicycle mileage throughout the district. Responsible mountain biking is an environmentally sound recreation that should enjoy equal access to these and all trails. No one should be shut out of tranquil nature experiences, especially mountain bikers, who comprise the majority of trail users on these public lands that you manage. Please reject this proposed discrimination against off-road cyclists. Several studies have also been done that indicate that bikes cause significantly less damage to trails that Equestrian riding and are most likely on par with hikers, however this issue is seldom addressed. Please do what you can to end this discrimination against cyclists. Equal access is the only fair solution. Thanks for your time and consideration, Abraham Williams 12/5/00 Page I of 3 Main Identity From: Roger and Leslie Myers <rl.myers@home.com> To: MROSD <mrosd@openspace.org> Sent: Monday, December 04, 2000 9:45 AM Subject: To the Attention of the Open Space Board of Directors Dear Distinguished Members of the Board: I am forwarding this message to you in hopes that it may be of use to you when you are in need of evidence that mountain bikes are causing extensive damage and even vandalism to sensitive trails in jurisdictions similar to the MROSD. I believe such evidence belies the arguments put forth by the mountain bike riding community that mountain bikes do not harm the environment nor cause additional expenditure on the part of land agencies to repair and/or deter such damage. Unfortunately, it appears that if ANY mountain bikes are permitted on District Preserves, enforcement of use guidelines is rendered ineffectual or impossible. Unless caught red-handed, the small minority of rogue cyclists can too easily blend in with the responsible majority and avoid detection. These rogue cyclists are then emboldened to feel that they can treat District lands as their own personal moto-cross courses with both impunity and distain for anyone or anything that would get in their way. I hope and trust that the Board, in its wisdom, will continue to honor the memory of Betsy Crowder by doing its utmost to be an advocate for the voiceless creatures and plants of the fragile ecosystems the District has been mandated and entrusted to preserve and protect. Sincerely, Roger Myers -------- Original Message -------- Subject: Mountain Biker Vandalism Date: Sun, 03 Dec 2000 18:59:59 -0800 From: Carlo Subject: trail damage Recently, Marin Municipal Water District trail workers repaired a troublesome, eroded section of the Bon Tempe Shadyside Trail. The erosion was so bad that a second, badly eroded, bypass also had to be dealt with. Due to the steep terrain and the wet soil, stairs were the only practical solution (Good work, MMWD staff!). The bypass trail was blocked off with large branches, and would soon recover. This morning(December 2nd), I discovered on my run that the branches on the bypass trail had been thrown down the hill and there were fresh bike tire 12/4/00 Page 2 of 3 tracks. I replaced the branches, some of them were 6" in diameter and quite heavy, and wondered what manner of jerk would vandalize an erosion control measure!? Several hundred yards up the trail, I encountered the same scene: mountain bikers had bypassed an erosion control water channel by tossing barrier branches down the hill, leaving tracks and skid marks off the trail. There were, of course, skid marks all along the trail, removing the various leaves that normally, beautifully cover the trail. Since this is a common occurrence on this trail, I contacted the MMWD ranger in charge of trail work and he said "Thanks, I guess we'll have to put something more permanent there." Great. Now MMWD dollars (Your dollars and my dollars) have to be spent to build a barricade to an obviously eroded spot. Normal humans would see branches covering an eroded area and thank whoever did it for caring about their environment. But not mountain bikers- they are the only user group which routinely vandalizes signs, removes signs, violates any and all rules which apply to them, and even destroys attempts to reduce our negative impact on our surroundings. They build miles of illegal trails, which are used in extreme conditions and are environmental disasters in less than a year and yet they arrogantly claim they are environmentalists! I know, someone will say that you can't blame all mountain bikers for the action of a few, but why not? A year ago, at the fire road at Deer Park School, bikers tore out vegetation to bypass the gate. Did the "responsible" majority of mountain bikers inform the authorities, finger the guilty vandals, or offer to repair the damage? Of course not! They rode their bikes on the soft creek bank also and gouged out a major rut in less than a month. The MMWD had to build another barricade at our expense, and fill in the rut. Do bike leaders ever call for tighter enforcement of speed limits or illegal trail riding? Ha! Could miles of illegal trails be hacked out without the approval of all the bikers who know about them? These trails aren't built in a vacuum, after all. How much more of this behavior do we have to put up with before we properly put mountain bikes in with other off-road vehicles and restrict their activity to reduce their constant negative impact on other backcountry users and the environment? Hopefully, none. Carlo I am working on creating wildlife habitat that is off-limits to humans ("pure habitat"). Want to help? (I spent the previous 8 years fighting auto dependence and road construction.) httr)://home.pacbell.net/mivande 12/4/00 Page I of I Main Identity From: <Jmichae@bart.gov> To: <mrosd@openspace.org> Sent: Wednesday, November 29, 2000 9:44 AM Subject: Board Member i just heard that betsy crowder died & that 1 of my neighbors has applied for her seat on the board. i would like to indorse him for this position as his qualifications are excellent for this position. jerry michaels 14701 skyline blvd. 11/29/00 Page I of 3 Craig Britton From: Craig Britton <cbritton@open space.org> To: Craig Britton <cbritton@open space.org> Sent: Tuesday, November 28, 2000 9:46 AM Subject: Fw: Message for unknown user > > From: Stanford Open Space Alliance <inf6L&sos-alliance.org> >> Subject: Small Victory for the Foothills >> X-Rcpt-To: iiirosdLd)opeil§p_qc;i,-,._._pTg > > X-UlDL: 6f37fbflb4ac9e927ed70c8b34678109 > > Dear Friends, * > First of all, thank you for being part of our extremely effective * community * > effort to protect the Stanford Foothills. We had a huge impact! * > I would describe today's decision by the Board of Supervisors as a small * > victory for the foothills. Whereas Stanford used to get everything it * > wanted, now it only gets most of what it wants. And thanks to the *> excellent leadership of Joe Simitian, the playing field is slowly * changing. > > We didn't get permanent protection of the foothills, nor 99 years for half > > of the foothills, but we did get a strong 25-year academic growth boundary > > (AGB) versus a weak I 0-year AGB. Following are a few highlights from the > > meeting: *> 1) Acknowledging that he didn't have three votes for his 99-year * protection *> plan for the foothills, Supervisor Simitian offered a different tool to * > protect open space. Simitian's plan directs County staff to create a new > > zoning district for the foothills region modeled after the County's >> existing hillside zoning. That zoning allows clustered development on 10% >> of the land in exchange for 90% of the land being protected as open space. > > The motion passed 5-0. >> 2) Simitian made a motion that prior to its second million square feet of >> academic development, Stanford should be required to create a sustainable > > development plan that would demonstrate how the University would > discourage > > sprawl into the foothills and protect important habitats, viewsheds, etc. > > The plan must be acceptable to the County. This motion also passed 5-0. > > 3) Simitian made a motion that Stanford be required to create a special > > conservation plan focusing on habitat management for the 430 acres of 11/28/00 Page 2 of 3 >> Special Conservation Areas. Again, the motion passed 5-0. >> 4) Simitian made a motion that a 4/5 vote, rather than a 2/3 vote, of the >> Board of Supervisors be required to adjust the academic growth boundary >> within the next 25 years. In other words, the AGB could still me moved, >>but doing so would be more difficult. This vote was the most contentious, > > but it passed with a 4-1 vote. Only Don Gage, who is very upfront about > > his pro-development mentality, voted against it. >> Stanford had hoped the Community Plan would make it easy to move the AGB > > because their long-term plans are to build housing in the foothills. When > > asked about their claim that there will be no development in the foothills > > for 25 years, Stanford spokespeople have stated that not everything > > southwest of Junipero Serra Blvd. is foothills. There are flat spaces >> there too. How's that for PR? » >> In summary, we had hoped the County would embrace a policy of transfer of >> development rights that would allow Stanford to develop more densely on > the >> core campus in exchange for committing to leave the foothills as open >> space. As it turned out, Stanford is getting the right to develop more >> densely now with the option to sprawl into the foothills in the future. > > But we could have done worse. > > One reason we didn't get a transfer of development rights is because > > Stanford lands have never been zoned, so the County couldn't determine how >> much square footage the University has the right to develop. However, > once > > the sustainable development plan is created and approved(and I'm sure > this > > will be another huge battle), Stanford will be subject to the same > > restrictions as all other private property owners. At this point, we will > > insist on permanent protection of the foothills, and we will win! > > Stay tuned. >> Thanks again for being part of the solution. > > -Peter >> P.S. If you would like to thank Supervisor Simitian for working hard to > > protect the foothills and our quality of life, please send a note to > >joe.simitian�)bos.co.scl.ca.us. >> Stanford Open Space Alliance >> P.O. Box 19742 > > Stanford, CA 94309 > > www.sos-alliance.org > > info sos-alliance.org 11/28/00 Page l of � Main Ident From: Chris Greene <ogreene@flashoomoet» To: <mroud@onenupace.org» Sent 8unday, November 2O. 20004:57PK4 Dear members of the K8ROSOboard, I have read with great concern of the proposed closures to bicycles of several preserves within IVIROSD lands. I am also extremely troubled by the proposed future reductions in bicycle mileage throughout the district. Responsible mountain biking is an environmentally sound recreation that should enjoy equal access to these and all trails. No one should be shut out of tranquil nature experiences, especially mountain bikers, who comprise the majority of trail users on these public lands that you manage. Please reject this proposed discrimination against off-road cyclists. Several studies have also been done that indicate that bikes cause significantly less damage to trails that Equestrian riding and are most likely on par with hikers, however this issue is seldom addressed. Please do what you can ho end this discrimination against cyclists. Equal access ia the only fair solution. Thanks for your time and consideration, Chris Greene 11/27/00 %Ia ;;TX! C::UXY;C@TX C;CTXY �-;;TX:.:V% L8YYYY! ! ! ! - , KRXCe8 , KRXC8- , ! ! Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM TO: Board of Directors FROM: M. Foster, Controller CONTROLLER'S REPORT Attached are unaudited financial statements for the six months ended September 30, 2000. Exhibit A contains the District's September 30 balance sheet compared to our audited position on March 31. Our cash balance is down $10 million as the District completed $11.0 million of land purchases. These additions are detailed in Exhibit E. It should be noted that $3.5 million of the $28.9 million cash balance are reserve funds to secure outstanding public notes and, therefore, not available to fund District expenditures. The District issued no new debt during this period. District bonded indebtedness is now approximately 43% of our statutory debt ceiling. Approximately two-thirds of our total debt is lease debt, which does not count against the statutory debt ceiling. Exhibit B shows our six-month revenues compared to the same period a year ago and to the twelve month budget. Tax receipts in this period are up 7% from the prior year period. Information from the counties indicates that overall tax revenue for the full twelve-month period should meet our 2000-2001 budget. The "other" revenue includes the $1.5 million payment from Santa Clara County as a part of the management agreement for Rancho San Antonio County Park. Exhibits C and D review six-month operational and development spending against the twelve month budget (C) and compared to the same period last year (D). The District spent 41% of its total twelve-month administrative, operations, and development budget during the first six months. This is lower than the levels at mid-year in the prior five years (47%, �45%, 46%, 45%, 42%). 8v program, six month (non_and purchase) spending versus twelvemonth budget was Administration 45%, Public Affairs 44%, Operations 41%, � Planning 3996, and Acquisition/Enterprise 46%. The largest under-spent item m/categories � are: (1) Structures and Improvements, (2) Operations salaries, (3) Vehicics, (4) Planning salaries and, (5) Rent. |tenno (1) and (4) are inter-related as vacant Planning staff positions have slowed completion Cfprojects. /\|sc\ spending priorities in the planning facilities area have been estimated due to the elimination of the current need for a Sierra Azul employee 39OOiste| Circle # Los Altos,CA94022 1404 ° Phone:650-691 l2O0 Fax:650'691'0485 ° E'mai|:mrnsd@oprnopaceo,g ° Web site:wwwopenspace.o,g Board o/Directors:Pete Siemens,Mary c.Davey,Jed Cyr,Deane Little,wv^ettenwkv'Betsy Crowder,Kenneth c. wxz ° General Manager:L Craig Britton residence. Operations should be much closer to budget in the second half as six staff positions have recently been filled. As shown in Exhibit D, administration, operational, and development spending is down 6% � from last year's spending rate. Salaries and benefits were up 9%, but this is offset by lower spending for structures and improvements, equipment and vehicles, acquisition expenses and employee benefits. Over the last five first-half periods, total salary and benefit expense has increased ata6% annual compound rate while total expenses (excluding land � purchases and debt service) have increased ata6.2% annual compound rate. � � Overall, the financial results of the first six months indicate revenues and expenditures are consistent with the District's long-term financial plans. Prepared by: � Bunny Congdon, Accounting Specialist � Michael Foster, Controller � Contact person: Michael Foster, Controller � � EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 31 and September 30,2000 (Thousands) September 30,2000 March 31,2000 (Unaudited) (Audited) Cash and Equivalents $28,865.3 $39,248.0 Receivables 1,356.8 4,023.2 Prepaid Expenses 27.3 22.9 Land,at cost 198,308.5 187,240.0 Equipment 2,044.8 1,937.1 Structures and Improvements 9,400.6 9,291.1 TOTAL ASSETS $240,003.3 $241,762.3 Accounts Payable $129.9 $294.4 Accrued Liabilities 125.5 231.3 Trust Fund--City of Menlo Park 693.9 650.3 Land Contract Debt 675.2 682.5 Public Notes Payable 114,942.8 116,542.8 TOTAL LIABILITIES $116,567.3 $118,401.3 TOTAL EQUITY $123,436.0 $123,361.0 EXHIBIT B K8|DPBV|NSULx REGIONAL OPEN SPACE DISTRICT Six Month Revenue Versus Prior Year(Unaudited) (Thousands) Months Ended September 30 � 2000 1999 � � ------- PropertyToxam $5.913.9 $5.618.0 � Tax Subventions 387.8 275.4 � Interest Income 495.8 516.1 � Grant Income 0.0 131.0 Rental Income 3164 283.1 � Fines 11.5 5.5 Other 1.684.3 957 _________________ ----_------_-------------- TOTAL RECEIPTS $8.809J $6.924.8 � � Six Month Revenue Versus Twelve Month Budget � � � Twelve Month Six Month Y6 Budget Receipts Receive � �� ----� ------ Property � Toxeo $14.831.0 $5.913.9 40 � Tax Subventions 885.0 387.8 57 � Interest Income 1.750.0 495.8 28 � Grant Income 857.0 0.0 O � Enterprise 883D 318/4 46 � � Fines 0.0 11.5 0 Other 108.0 1.884.3 1560 ------- ----------- TOTALS $18.714.0 $8.8097 47 | - EXHIBIT D (Thousands) Six Months Operating v.Six Month Last Year Six Months Ended September 30 2000 1999 %Increase ------------------------------ ---------------------------- -------------------- Salaries $1,593.1 $1,455.7 9 Benefits 368.8 404.5 -9 Other Contract Services 211.7 206.5 3 Vehicle Expense 93.0 106.7 -13 Contract Site Maintenance Exp. 105.7 113.9 -7 Acquisition Expense(Inc. Legal) 63.7 137.8 -54 Structures&Improvements 98.0 333.3 -71 Printing&Duplicating 15.9 7.5 112 Rents&Leases 22.8 23.3 -2 Training&Conferences 24.3 21.9 11 Equipment&Vehicles 107.7 144.8 -26 Insurance 200.2 163.3 23 Utilities 46.4 47.0 -1 Postage 18.1 22.0 -18 Site Preparation 0.0 0.0 0 Communications(Publications&Projects) 79.2 65.4 21 Other Non-Land 74.7 78.9 -5 TOTAL(NON-LAND) $3,123.3 $3,332.5 -6 Debt Service 3,828.3 3,727.1 3 Land Option Fees 0.0 16.4 -100 Land Acquired 11,010.8 17,168.2 -36 TOTAL $17,962.4 $24,244.2 -26 nxnzazr o Land Acquired April 1 to September 30, 2000 SELLER oAco eaoSEuvo cAoo euzco 0oam o«/zo/un Russian Ridge z,osy,]oO.UO � Benedetti 05/11/00 eul9ao Ridge 1,269,000.00 � Benedetti-Gift ns/zz/on pulgao Ridge 90,000.00 Benson ns/zz/on Sierra Aool y' .000 on � Benson-Gift 05/11/00 Sierra azvl 50,000.00 � � ezootvr/cozlios-o 85/15/00 ruoroevopu 74,000,00 � Zion Church-Gift 06/12/00 Sierra Azol 5,000.00 nz000 06/29/00 siezzu Azol 2,798,500.00 Meoeto 08/17/00 Bear Creek meuwovuo 975,000.00 Silva 08/34/00 Skyline Ridge 800,000.00 General Convention Uo/JO/OU aizzzu Azul 201,000.00 Russian Convent 07/21/00 Mills Creek 3,500,000.00 Williams 0*/14/00 Sierra Aool 200,000.00 soumo TOTAL 11,010,800.00 � � � ����� � Regional Open Sl. _,e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 21, 2000 Robert Gross, Chief of Planning Office of Environmental Planning South California Department of Transportation P.O. Box 23660 Oakland, CA 94623 RE: Route 92 Uphill Slow Vehicle Lane/Safety Improvements Initial Study(CEQA)/Environmental Assessment(NEPA) Dear Mr. Gross: Thank you for providing Midpeninsula Regional Open Space District the opportunity to review the Initial Study/Environmental Assessment and proposed Negative Declaration for the Route 92 improvements from Route 35 South to near Interstate Route 280 in San Mateo County. The Route 92 and 35 intersection serves as the northern gateway to District lands and surrounding open space that is preserved for its scenic value and habitat qualities. In reviewing the environmental document, we have several questions and recommendations regarding the assessment and mitigation for impacts on aesthetics, biological resources, hydrology and water, and population and housing. Aesthetics The project will result in severe vertical cuts that scar the scenic quality of the area from surrounding vantage points. Cross-sections should be utilized to evaluate the aesthetic impacts of grading and determine appropriate slope treatments. Mitigation measures should quantify the extent of grading by including a maximum slope that will support vegetation and prevent erosion. Significant planting should be included immediately upon completion of the new roadway to minimize the negative visual impact. The visual character and quality of the site will also be impaired by abandoning a portion of the highway. Mitigation measures should include a re-vegetation ratio for trees and shrubs based on the density of the native vegetation in the surrounding area. The vegetative materials used for mitigation, and the plant material size and timing for all planting should be specified. 1 Biological Resources More information is necessary regarding the habitat areas and populations of the Red- legged frog and San Francisco garter snake within the project boundary in order to fully assess the potential impacts. It should also be noted that the project could in fact restrict the migrat'on of these species. The alternatives to minimize impacts on riparian and wetland ha 'tats should be fully explored in order to specify the appropriate mitigation measures. The Initial Stud states that the District has agreed to planting and enhancement activities at the Pulgas Rid Open Space Preserve to restore oak woodlands. Please be advised that any mitigation roposed on District lands must be based on an agreement and detailed mitigation p n approved by the District. Hydrology and Water A more in-depth evaluation f the change in n ural drainage patterns and the cumulative impacts of this project togel r with previou alterations to the watershed is necessary in order to determine appropriate itigation. formation from the other hydrology studies referenced should be included d footno d in the Initial Study. Population and Housing The Initial Study does not address e otential for increased growth along Skyline Boulevard (Route 35) and in Hal Moo Bay due to the intersection improvements. Given the significance of the t at of de elopment on future open space lands and impact on the scenic quality the Route area, this impact should be discussed in the environmental document. It would be helpful to ' clude information from he documents referenced as the partial basis for the Initia tudy as it appears that a sub antial amount of supporting evidence is missing from th study. In addition, further discu ion should be provided to substantiate that the reco ended mitigations will reduce the p tential impacts to a level of insignificance In general, the Mitigation Monitorin Program should outline who will monitor, when onitoring will occur and how the res Its of the mitigations will be measured. We st gly recommend that the environm tal document be revised to address the issues dis ed above. Please let us know we can be of further assistance. Si cerel}%;, L. Craig Britton, General Manager 2 Biological Resources More information is necessary regarding the habitat areas and populations of the Red- legged frog and San Francisco garter snake within the project boundary in order to fully assess the potential impacts. It should also be noted that the project could in fact restrict the migration of these species. The alternatives to minimize impacts on riparian and wetland habitats should be fully explored in order to specify the appropriate mitigation measures. The Initial Study states that the District has agreed to planting and enhancement activities at the Pulgas Ridge Open Space Preserve to restore oak woodlands. Please be advised that any mitigation proposed on District lands must be based on an agreement and detailed mitigation plan approved by the District. Hydrology and Water A more in-depth evaluation of the change in natural drainage patterns and the cumulative impacts of this project together with previous alterations to the watershed is necessary in order to determine appropriate mitigation. Information from the other hydrology studies referenced should be included and footnoted in the Initial Study. Population and Housing The Initial Study does not address the potential for increased growth along Skyline Boulevard (Route 35) and in Half Moon Bay due to the intersection improvements. Given the significance of the threat of development on future open space lands and impact on the scenic quality of the Route 42 area, this impact should be discussed in the environmental document. It would be helpful to include information from the documents referenced as the partial basis for the Initial Study as it appears that a substantial amount of supporting evidence is missing from the study. In addition, further discussion should be provided to substantiate that the recommended mitigations will reduce the potential impacts to a level of insignificance. In general, the Mitigation Monitoring Program should outline who will monitor, when monitoring will occur and how the results of the mitigations will be measured. We strongly recommend that the environmental document be revised to address the issues discussed above. Please let us know if we can be of further assistance. Si cerely;, L. Craig Britton, General Manager 2 INTEROFFICE MEMORANDUM November 17, 2000 TO: C. Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month October Year 2000 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles False info to police officer 1 Closed area 3 8 Resisting peace officer 2 Speed 0 0 Breaking & entering 2 Helmet 1 1 Stolen vehicle recovery 1 Night-riding 0 0 Assault 2 Unsafe operation 0 0 Dogs ACCIDENTS/INCIDENTS TOTALS Prohibited area 1 3 Bicycle accident 2 Off-leash 7 12 Vehicle accident 0 Off-road vehicles 0 0 Jogger 2 Closed area 0 3 Other first-aid 0 After hours 0 3 Landing Zone air evac 1 Fishing 0 0 Vandalism 0 4 ENFORCEMENT Parking 7 9 Parking citations — 9 Parking after hours 2 17 Other citations 12 Dumping/littering 0 0 Written warnings 33 Campfires 0 1 Arrests — 0 Camping 0 1 Police assistance 0 Weapons Actual contact 0 0 MUTUAL AID Report only 0 0 Accident 1 Evidence of 0 1 Fire 1 Law enforcement 2 Landing zone off site 1 SUMMARIES OF SIGNIFICANT INCIDENTS Oct. 3 Camping equipment was found in the hog barn near the Daniels Nature Center at Skyline Ridge OSP. A homeless person may have been using the building for shelter. S. Anderson- Minshall, L. Raymaker, B. Tanner. Oct. 4 A Stevens Creek County Park ranger requested mutual aid assistance for an overdue hiker. B. Malone and K. Carlson aided in the search. They then attempted to extricate a county vehicle that had slid off a trail. Oct. 5 While driving on Highway 85 M. Newburn observed a male slumped over the wheel of a vehicle on an exit ramp. The man regained consciousness. Then, Newburn had the man sit on the curb, however he fled on foot. Newburn reported the location of the individual, who was later arrested by the Sunnyvale Police Department. Oct. 8 A hiker reported a domestic dispute in the Fremont Older parking area. A Santa Clara Sheriff's Deputy and B. Malone responded. They were unable to find any victims or suspect. B. Malone located two witnesses and he determined that an "assault and battery" did occur prior to his arrival. Oct. 11 J. Kowaleski found evidence of a forced entry into the new library, old library, and chapel buildings in Bear Creek Redwoods OSP. Numerous beer cans were found in the area. Oct. 19 A stolen vehicle crashed into, and destroyed, an entrance sign and fence rail at Ravenswood OSP. East Palo Alto Police completed a recovery report and towed the vehicle. K. Miller followed up and obtained a copy of the report. He also removed the sign debris. Oct. 19 On 10/26/00 a hiker reported that on 10/19/00 someone may have attempted to drug him with the intent of assaulting him when he was at El Corte de Madera OSP. The person was extensively interviewed and information was referred to the San Mateo Sheriff's Office. The Sheriff's Office had already received a report from the person and had assigned a detective to investigate. M. Ken. Oct. 21 District rangers responded to a wildland fire at Ridge Vineyard adjacent to Monte Bello OSP. The fire was caused by downed power lines. Central Fire and CDF extinguished the blaze. High winds also caused a power pole to snap at Russian Ridge OSP. M. Ken, L. Paterson, W. Phillips, K. Miller, B. Malone, T. Lausten. Oct. 21 K. Carlson observed evidence of a firearms discharge in Loma Prieta Ranch area of Sierra Azul OSP. A paper target was shot 19 times by a 22-caliber weapon. Oct. 22 T. Lausten attempted to stop a cyclist at two different locations in Fremont Older OSP for a helmet required violation. The cyclist fled. Oct. 26 Evidence of breaking and entering, vandalism, and closed area violations were observed when B. Malone found a plywood sheet pried open on a building in Bear Creek Redwoods OSP. The building was secured. Vandalism: 24 A regulation sign on a gate in Sierra Azul was broken. 29 Three or four T-posts and wire were pulled out on a fence in Sierra Azul. 1 U November 13 , 2000 Editor San Jose Mercury News 750 Ridder Park Drive San Jose, CA 95190 Re : Midpeninsula Regional Open Space District, Coastal Annexation Area , Preliminary Draft Service Plan, October 6, 2000 For some time the Directors of Midpeninsula Regional Open Space District have been studying the process of annexing Area o f San Mateo Co unty to th e the Coastal Annexation A Y present district. The CAA is basically the area south of Pacifica to the Santa Cruze county line, and west of Skyline Drive. Since its inception , the constituants of MROSD have been paying property taxes to maintain the district , and its purchase of land . And they have been subject to eminent domain ( loss of their land ) by the district as well . Throughout the subject plan, there is discussion of spending existing district funding, possible private gifts , possible publicand possible rants to finance this proposed funding , a p g And � additional chase of he purchase properties . annexation , and t p there is discussion of "district wide" parcel taxes to pay for all this .r Yet there is no gurarantee that if the CAA plan is approved and voted for by the CAA residents that they will pay any taxes to support MROSD . This is ASSUMED but not GUARANTEED. If they vote to join MROSD, they can vote down any taxes on themselves . And the present constituents of MROSD will have the burden of total support of the annexed area . Is this fair? Further , NROSD is giving up the right of eminent domain in the CAA, the right they have used in the present area , and the threat to use it , though they will claim j they have not threatened to use it . Again, is this fair? I� -2- There are two things the Board of Directors of MROSD should do in fairness to present district property holders : 1 . They should insist that in the vote for annexation , there should be included a vote for property taxes equal to the present district property holders taxes. 2 . The right of eminent domain should not be eliminated for the annexation area , but should be included just as it has been in the present district since its conception . Harry H. Haeussle, Jr . 1094 Highlands Circle Los Altos, CA 94024 copy to: Board of Directors, MROSD - Mr. Patrick Miller 2M Associates Box 7036, Landscape Station Berkley, CA 94707 Regional Open r-lace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 1,2000 Anne and Wendy Crowder 1336 Webster Street Palo Alto,California 94301 Dear Anne and Wendy: Your mother inspired countless members of the conservation community with her dedication, knowledge, and tenacity. It has been my privilege,not only to be touched personally by her ideas and work,but also to hear an outpouring of expressions of gratitude for her many contributions. The district has heard from volunteers,with whom Betsy shoveled and laughed; docents with whom she hiked; coastal community members who admired her"grit"; and even cycling community members who opposed her position on an issue or two,but respected her honesty and focus on open space preservation. The expressions of sympathy have come from a diverse community, holding in common a sense of loss of one of our most effective leaders. Here, at the District,both staff members and Betsy's fellow Board members are deeply saddened, and miss her energetic presence: the enthusiasm she shared for resource management projects, outdoor activities, and especially, acquisitions(even of the most"wretched little parcels!"). She peppered us with excellent questions, demonstrating simultaneously the scope of her knowledge and the depth of her interest. We will miss her commitment and zeal. Betsy has exemplified for us many things,not the least of which is how to stand, sweat,and persevere for what we love. The midpeninsula, the District,and those of us honored to have had the opportunity to work with her, are all stronger for having known her. Enclosed you will find copies of correspondence received by the District regarding your mother. I have also enclosed a photograph,presented to our Public Affairs Manager by Ed Hoffman and Dolly Sandoval at a recent event hosted by Mary Davey. Apparently the couple had expected to see and share whitewater river rafting reminiscences with your mother that day. (District staff members have commented that the photo truly captures your mother's joyous, "Go for it!"style.) Betsy's fellow Board members have expressed an interest in a dedication in her memory,which will be discussed in the spring. I hope to have the opportunity and will look forward to discussing any thoughts and input you may have. With fondness for your mother,and an appreciation for the strength and community spirit you, also, h monstrated, I send both my condolences and gratitude. also, h onstrated, I send both my c, L. Craig on General Manager LCB/shj cc: MROSD Board of Directors i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: L. Craig Britton, General Manager Date: December 13, 2000 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 9 E-mail:mrosdoopenspace.org 9 Web site: www.openspace.org Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM To: C. Britton, General Manager From: J. Isaacs, Resource Management Specialist Date: 12/11/00 Subject: Status of the Young Property Demolition Site At their regular meeting on 11/15/00 during the presentation of the Pizarek property, the Board of Directors inquired about the area on the former Young property where a trailer and stable were removed in December 1999. M. Newburn and I visited the former Young property last week to assess the status of the demolition site. Remains of roughly 30 ornamental trees and ground cover plantings exist on the old home site, including, Cedars, Junipers,Norfolk pines, Eucalyptus, and Redwoods. The soil of the old home site appears to be compacted and the road to the lower part of the property where the stables were removed has the beginnings of an erosion gully. About ten orchard trees remain on the middle bench of the property. In areas where the disturbance was minimal, and on the slopes of the road cut, natural regeneration of Ceanothus, Chamise and Monkey Flower are beginning to occur. Older demolition sites in the area also show good natural regeneration. One site, where a home was demolished fifteen years ago,revealed that the driveway was almost completely overgrown with native brush and the home site itself had significant regeneration. The dense native chaparral of the area provides a good seed source for regeneration potential and tough competition for non-native species. My short-term recommendation for the site is to spend a crew day to build waterbars and alleviate the erosion gully in the lower road, and to remove the ornamental plantings, especially the invasive ones like Eucalypus. Some ornamentals, such as the Norfolk pines, may be desirable to a landscaper who may pay the District to salvage the trees. My long-term recommendation is to build into the scope of work for demolition projects a recommendation for natural restoration of the area. I will work with planning to develop a natural restoration checklist to use when developing the request for proposals. With this checklist, staff can assess the natural restoration needs of the area and determine if it should be included in the scope of work for the contractor, or if staff could complete it at a later date. I 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 o FOHEBT Fax:650-691-0485 * E-mail:mrosd@openspace.org • Web site:www.openspace.org OF�E Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Page I of I Main Identity From: Bart<andre@mac.com> To: <mrosd@openspace.org> Sent: Saturday, December 09, 2000 6:48 PM Subject: Closing of Trails to Mountain Bikes Dear members of the MROSD board, I have read with great concern of the proposed closures to bicycles of several preserves within MROSD lands. I am also extremely troubled by the proposed future reductions in bicycle mileage throughout the district. Responsible mountain biking is an environmentally sound recreation that should enjoy equal access to these and all trails. No one should be shut out of tranquil nature experiences, especially mountain bikers, who comprise the majority of trail users on these public lands that you manage. Please reject this proposed discrimination against off-road cyclists. Several studies have also been done that indicate that bikes cause significantly less damage to trails that Equestrian riding and are most likely on par with hikers, however this issue is seldom addressed. Please do what you can to end this discrimination against cyclists. Equal access is the only fair solution. Thanks for your time and consideration, 12/11/00 INTEROFFICE MEMORANDUM December 12, 2000 TO: C. Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month November — Year-2000 VIOLATIONS CITES TOTALS CRIMES CITE TOTALS Bicycles False info to police officer 1 . 1 Closed area 3 4 Auto burglary 1 Speed 0 1 Breaking & entering 1 Helmet 1 13 Petty theft Night-riding 0 0 Cultivation of marijuana Unsafe operation 0 0 Dogs ACCIDENTS/INCIDENTS TOTALS Prohibited area 0 2 Bicycle accident 1 Off-leash 1 8 Vehicle accident 2 Off-road vehicles 0 2 Search & Rescue 1 Closed area 0 0 After hours 5 5 ENFORCEMENT Fishing 0 0 Parking citations 24 Vandalism 0 6 Other citations 13 Parking 19 29 Written warnings 44 Parking after hours 5 14 Arrests — I Dumping/littering 0 6 Police assistance Campfires 2 3 Camping 0 0 MUTUAL AID Weapons Accident 2 Actual contact 0 0 Fire 0 Report only 0 0 Law enforcement 0 Evidence of(paintball guns) 0 1 Landing zone off site 0 Unlawful construction 0 2 Poss. Harmful substance 0 1 Suspicious person 0 1 Abandoned vehicle 0 1 SUMMARIES OF SIGNIFICANT INCIDENTS Nov. 3 An offering site was discovered at Russian Ridge OSP, near previous sites found over & 26: the last five years. Numerous food items, a martial arts sword and a book/journal were removed. San Mateo Sheriff's deputies assisted in the investigation. D. Danielson, C. Baresi. Nov. 9 In the caves area of Long Ridge, two adult males and three juvenile females were contacted for after hours use and having a fire. All five were issued citations and/or juvenile contact reports. One of the men had an outstanding warrant and was taken into custody by San Mateo County Sheriff's Office. B. Downing, M. Ken, L. Paterson. Nov. 18 Litter and household items were dumped at Portola Heights Road and Long Ridge Road. Mail that was part of the dumpedg items belonged to a former district tenant. B. Downing Nov.1 8 Two women reported being followed by a suspicious man while hiking in Monte Bello. At one point, they had to run and hide from him when he attempted to chase them. They joined a passing group of four other hikers to return to the lot. A report/description was taken and a be-on-lookout was issued to field staff. M. Ken Nov. 18 T. Randall discovered a marijuana cultivation site in Sierra Azul. He requested a Santa Clara County sheriff's deputy response. The area was checked and two gardens containing 250 plants were found. The plants were removed and booked into evidence by Santa Clara County Sheriff's Office. Nov. 23 L. Paterson found a pile of broken auto safety glass in the parking area at Windy Hill, indicating a possible auto burglary. Nov. 26 Evidence of paintball activity was found in Sierra Azul adjacent to Hicks Road. Sufficient paintball paraphernalia was found to suggest recent and recurrent activity. Additionally, two tree stand platforms and a small enclosure had been constructed at the site. The tree stands, ground structure and associated trash and debris were removed. T. Randall, B. Malone, C. Sparks-Hart. Nov. 26 T. Randall and B. Malone located three doors that had been broken in, an open window and a broken window in buildings on Mt. Umunhum in Sierra Azul. Crew secured the site. Vandalism. 12 Two locks on the monolith at Mt. Umunhum (Sierra Azul) had metal shoved into their key slots 18 Wire fences were cut in two places at El Sereno. 20 The top barbwire strands were cut on a gate in St. Joseph's Hill. 23 The restroom at Windy Hill was marked with graffiti. 25 Restoration material was removed off an illegal trail in Corte Madera. 30 Advisory signs for trail closures to bicycles at all access points were torn down.