Loading...
HomeMy Public PortalAbout20020626 - Agendas Packet - Board of Directors (BOD) - 02-14 Regional Open )ace t 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-14 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday,June 26,2002 330 Distel Circle Los Alias, California AGENDA* PLEASE NOTE: 5:30 p.m. Special Meeting Stet Time 7:30 p.m.Regular Meeting Start Time 5:30* SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINsuLA REGIONAL OPEN SPACE DISTRICT ROLL CALL ** ORAL COMMUNICATIONS BOARD Busl m 5:35* 1 Board Worlmhop to Discuss the Resource Management Five-Year Strategic Plan—C. Roessler 7:00* RECESS—There will be an approximate one-half hour recess before the Regular Meeting begins. 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIQPENP&MLA REGIONAL OPEN SPACE DISTRICT ROLL CALL PLEDGE OF ALLEGIANCE—Led by Boy Scout Trod#535 of Saratoga,CA ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—D.Little **: MINEITES • May 22,2002 • May 29,2002 BOARD BuSff4m 7:40* 1 Approval of the Purchase Agreement and Settlement Agreement and Mutual General Release Agreement in the Matter of Midpeninsula Regional Open Space District v. 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,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Meeting 02-14 Page 2 Paulin,and Corresponding Addition of the Paulin Property to La Honda Creek Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)as Set out in This Report;Adopt the Attached Resolution Approving the Settlement Agreement and Mutual General Release Agreement and Authorizing the Execution of the Attached Purchase Agreement for the Paulin Property as an Addition to the La Honda Creek Open Space Preserve; Tentatively Adapt the Preliminary Use and Management Plan Recommendations Contained in This Report,Including Naming the Property as an Addition to the La Creek Open Space Preserve;Indicate Your Inteention to Dedicate the Property as Public Open Space —T.Fischer 7:55* 2 Proposed Property Management AV=umt with Peninsula Open Space Trust for the Former Gottsheben Property as an addition to Long Ridge Open Space Preserve; Determine that the Recommended Actions are Categoncally Exempt from the California Environm=W Quality Act(CEQA)as Set out in This • Authofize the General Manager to Sign the Attached,Lease and Management Agreement with Peninsula Open Space Trust and, Subject to Approval by the General Manager or General Counsel,to Approve Minor Revisions Which do not Substantially Change any Material Term of the Agreement,Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report—M.Williams 8:05* 3 Accept and Comment on the Informational Report on the La Honda Creek Watershed Vegetation Mapping Project —R.Hazan-Kremer *** 4 Approval of the Notice of Completion of Contract for Painting of the Red Barn Located in La Honda Creek Open Spam Preserve,Authorize the President of the Board,or Other Appropriate Office,to Execute the Attached Notice of Completion and Acceptance of Work for the Lead Based Paizrt-Stabilization,Minor Dry Rot Repairs,and Painting of the Red Bain—J.Cahill *** 5 Calling of District Elections in Wards 1,2,5 and,6 and Requests for Election Consolidation Services from Santa Clara,San Mateo and Santa Cruz Counties;Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District' an Election and Requesting Election Consolidation Services in Santa Clara County,Wards 1,2,and 5;Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space Disbid Calling an Election and Requesting Electiori Consolidation Services in San Mateo County,Wards 5,and 6; Adopt the Attached Resolution of the Board of Directors of the Midpeninsula,Regional. Open Space District Calling an Election and Requesting. Election Consolidation Services in Santa,Cruz County,Ward 2;Reconfirm Section 2.12 of Your Rule of Procedure Regarding a Maximum of 200 Words per Candidate Statement and Payment of Candidate's Statements in Those Wards Where Two or More Candidates Have Qualified to Appear on the Ballot;Adopt the Attached Resolution of the Board of Directors of the Midpemnsula Regional Open Space District Authorizing Not Listing' Any Unopposed Candidate for Election on the November 5,2002 Ballots of Santa Clara,San Mateo and Santa Cruz Counties—S.Thielfoldt *** 6 Adopt the Attached Resolution Approving the Participation of District Volunteers in the California Joint Power's Insurance Authority's Self Insurance and Lm Pooling Prograrn of Workers' Comp 'on Insurance and Rescind Resolution No.02-04—S.Thielfoldt Meeting 02-14 Page 3 *** 7 Approve Appointment of Director Larry Hassett to Represent the Midpemnsula Regional Open Space District on the;Policy Advisory Committee for the City/County Association of Governments of San Mateo County for the 2020 Peninsula Gateway Corridor Study- C.Britton *** 8 Approve Cancellation the July 2002 Regular Meeting of the Board of Directors and Schedule a Special Meeting on Wednesday,July 31,2002-S.Thielfoldt *** REVLWD CLAIMS 8:15* INFORMATWNAL REPORTS-Brief reports or announcements concerning pertinent activities of District Directors and Staff. 8:30* ADJOURNNUM * Times are estimated and items may air earlier or later than listed.Agenda is ssokct to change of order. ** TOd&28 SS ZI EBt?Al?l?: 77re Chair will invite public comment on agenda items at the time each item is considered by the Board of Director. You may ss the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar wring consideration of the Consent Calendar. I i I Regional Open Soce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESOURCE MANAGEMENT FIVE-YEAR STRATEGIC PLAN June 12, 2002 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,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton i r RESOURCE MANAGEMENT FIVE-YEAR STRATEGIC PLAN Introduction The Resource Management Five-Year Strategic Plan contains seven resource management goals, which are grouped into three general categories as shown in Table 1: Planning, protection/restoration, and other specific resource management practices. This strategic plan places an emphasis in the early years on planning activities, which will provide important information and data on which to base subsequent resource management decisions. Every year during preparation of the annual budget, this strategic plan will be reviewed to determine if any revisions are necessary. For each of the seven goals, specific implementation measures are listed for completion within the next five years. Also, preliminary designations are made of staff roles and required tools (such as training or equipment). In parentheses after each goal heading, a reference is made to the original resource management policies. The Planning and Operations Departments will be primarily responsible for the implementation of resource management goals. The Planning Department will gather the initial information and provide either construction details for specific projects or guidance for overall preserve plans or district-wide activities. Operations Department staff will implement the specific details of the plans in the field, focusing on discrete projects or during routine maintenance and operation. The Operations Department will take the lead in developing specific resource management practices. The worktables list specific projects to be undertaken for each goal, with a schedule indicating the estimated timetable. Adjustments are expected as the program develops, especially in the later years when more information has been collected. Future events such as land purchases or the potential coastal annexation may require modifications to this Strategic Plan. This is a working plan that must have flexibility to respond to immediate high priority needs such as responding to feral animal populations or new disease outbreaks. Background In 1994, the Midpeninsula Regional Open Space District Board of Directors adopted a comprehensive set of Resource Management Policies. These policies were intended to serve as the foundation of the District's resource management program by outlining a wide range of goals and policies necessary to ensure the long-term protection of natural and cultural resources on District preserves. In 1996, the Resource Management Specialist position was created to coordinate the resource management program, placing particular emphasis on goals related to ecological restoration and habitat management. During fiscal year 2000-2001, a committee of Planning and Operations Department staff convened to evaluate the District's progress in responding to the resource management policies, and to determine a roadmap for the future. In the five-year history of the resource management program,the District made great strides in combating non-native invasive plants, initiating in-house Geographic Information System ( ) capabilities, GIS and developing in a grassland management and monitoring program, among many other accomplishments. The committee identified a need to expand the resource management program due to the additional land acquired by the District and the complexity of managing and restoring native ecosystems. SAResource Management\Strategic PlanTraft Plan 6.12.02.doc Page 2 The committee determined that the Strategic Plan should be used to guide the near-term growth of the resource management program by: • Outlining the District's highest priority goals and objectives related to resource protection; • Establishing priorities for new projects, policies, and procedures; • Guiding the development of annual work programs and budgets; and • Identifying staffing needs necessary to achieve the District's resource management goals. To develop the plan, the staff committee first ranked the Resource Management Policies in terms of their importance in achieving a key component of the District's mission statement: "to protect and restore the natural environment." Next, the committee evaluated the current resource management program to identify existing resource management practices and projects that should be continued, as well as current program needs. From these exercises, the committee developed the recommendations contained in this draft and organized as seven resource management goals. Table 1. Resource Management Goals Five—Year Strategic Plan PLANNING GOALS 1. Adopt a resource management planning process. 2. Develop a resource inventory mapping system using Geographic Information System (GIS) and Global Positioning System (GPS)technology. 3. Prepare resource management plans for key open space preserves and other high priority sites. PROTECTION AND RESTORATION GOALS 4. Protect and enhance natural biodiversity, and habitat for special-status species of the District's preserves. 5. Restore seriously degraded sites to natural conditions including removal of invasive non-native species. SPECIFIC PRACTICES 6. Protect resources through continued compliance with environmental regulations, standards and practices. 7. Use best management practices to protect natural resources. g p SAResource Management\Strategic Plan\Draft Plan 6.12.02.doc Page 3 Goal l Adopt A Resource Management Planning Process. (Resource Management Policy 2.1) Objective • Take a broad-based approach to resource planning that identifies natural and cultural resources, evaluates resource conditions, assesses resource management opportunities and constraints,balances resource protection with public use, and analyzes the level of use and management that can be sustained based upon District staff and funds. Implementation 1. Create a Site Assessment Checklist for use when acquiring property or entering into management agreements to identify issues that may affect use and management including,but not limited to, opportunities and constraints for resource management and public access. 2. Amend the District's Open Space Use and Management Planning Process to emphasize resource management planning and monitoring. 3. Prepare subject-specific resource management guidelines as an integral part of the planning process. Potential topics include grazing, fisheries, and water quality, for example. 4. Establish criteria to determine when resource management plans are developed through the master planning process and when they are more appropriately developed as stand-alone or site-specific plans. 5. Create procedures to facilitate inter-departmental coordination and determine the roles of planners, the resource management specialist and field staff in developing resource management plans and guidelines. Staff Roles and Tools • Lead Department—Planning Department will develop the resource management planning process, guidelines, and procedures. Staff will utilize resource management consultants when appropriate. • Supporting Departments—Acquisition and Operations Departments, including thereso urce management specialist and area superintendents, will review and advise on the amended planning process, guidelines, and procedures. • Board of Directors—New or amended planning processes and guidelines will be presented to the Board of Directors for review. S:\Resource Management\Strategic Plan\Draft Plan 6.12.02.doc Page 4 I f Goal 2 Develop a Resource Inventory Mapping System Using Geographic Information System (GIS) and Global Positioning System (GPS) Technology. (Resource Management Policy 2.1) Objectives • Enhance the District's capabilities to utilize GIS as a tool to organize, analyze, and display regional and site-specific information about the natural and cultural resources on District lands • Develop procedures to incorporate resource data into the District's GIS that are generated during planning and resource management projects; shared by other agencies; and collected in the field with GPS. The Planning Department has already started utilizing GIS and GPS technology in support of specific planning projects. Including this goal in the five-year strategic plan formalizes the application of GIS and GPS to the District's resource management program, and outlines specific actions to develop a District-wide regional resource inventory. Implementation 1. Using the California Environmental Quality Act(CEQA) initial study checklist as a guide, identify GIS data needed to support planning and resource management decisions; prioritize data based on the Five-Year Capital Improvement Program (CIP). 2. Research the availability of key natural and cultural resource data, and develop a plan to incorporate them into GIS format. For example, convert paper maps from docent files or species surveys into GIS format, and download key GIS data from resource agencies. database. Or anize the data layers into a to into a GIS Resource Inventory maps data 3. Compile the p ryg Y for use b all sta ff to access regional 1 and information abou t the District's i cl earinghouse ouse o Y g site-specific natural and cultural resources. 4. Plot a series of 1:24,000 scale maps showing key natural and cultural resources on District lands. (Potential GIS map layers include vegetation; sensitive plant and animal habitats; geology/ soils; hydrology; aerial imagery; cultural resources; non-native invasive species; Sudden Oak Death sites; and areas rooted by feral pigs.) 5. Develop and maintain a GIS Data Catalog to describe all of the data layers in the District's GIS, and develop and maintain GIS metadata according to National GIS Data Committee standards to document the District's data. SAResource Management\Strategic Plan\Draft Plan 6.12.02.doc Page 5 6. Develop a GPS Data Dictionary and species observations forms to facilitate collection of resource data in the field by District staff. Coordinate GPS training to ensure that staff is proficient with GPS mapping technology. 7. Coordinate with staff and consultants to ensure that resource information collected during planning and resource management projects are compatible with the District's GIS. Digitize or otherwise incorporate data into District's GIS. Staff Roles and Tools • Lead Department—Planning Department will develop and maintain the GIS resource database, produce the resource maps, and coordinate training in the use of GIS/GPS mapping techniques. • Consultants—May conduct specific inventories for species or resources that are poorly documented. • Necessary tools—GIS image processing software for scanning paper maps into GIS format, and a Trimble GeoExplorer III GPS unit(s) for use by supporting departments to assist in collection of resource data in the field. SAResource Management\Strategic Plan\Draft Plan 6.12.02.doc Page 6 Goal 3 Prepare Resource Management Plans for Key Open Space Preserves and Other High Priority Sites. (Resource Management Policy 2.2) Objective • Preserve the long-term integrity of the District's natural and cultural resources through the development of preserve or site-based resource management plans, which address specific resources and management needs. Implementation 1. Work closely with consultants to prepare comprehensive resource management plans in conjunction with the master plan projects that are underway for Sierra Azul, Bear Creek Redwoods, and La Honda Creek Open Space Preserves. 2. Coordinate with Operations and Acquisition Departments to utilize the Site Assessment Checklist on new land acquisition projects to inventory significant resources, identify issues, and document potential impacts that would result if resource management action is delayed or does not occur. 3. Based on criteria developed in Goal 1, a schedule will be developed and periodically reviewed for sites in need of resource management planning. 4. For sites with high priority or urgent resource protection issues,prepare resource management plans to supplement the existing preserve Use and Management plans. (Examples of priority resource issues include potential sedimentation into El Corte de Madera Creek and habitat enhancement within the Guadalupe River watershed.) Staff Roles and Tools • Lead Staff—Planning Department will manage the master planning process; coordinate regional resource inventory projects; and will prepare site-specific resource management plans. The Operations Department will coordinate species-specific surveys. • Supporting Staff—Acquisition Department staff, the resource management specialist, and area superintendents will lend their expertise in preparing resource management plans,particularly regarding the feasibility of implementing the plans. • Consultants—Will assist staff in the preparation of master plans and may provide expertise on key issues, or prepare inventories or stand-alone resource management plans. • Board of Directors—Master Plans and Resource Management Plans will be presented to the appropriate Board committees and to the full Board. S:\Resource Management\Strategic Plan\Draft Plan 6.12.02.doc Page 7 Goal 4 Protect and Enhance Natural Biodiversity and Habitat for Special-Status Plant and Animal Species of the District's Preserves. (Resource Management Policies 4.3, 5.2, 5.3, 5.4) Objectives • Inventory, protect and enhance native populations of plants and animals to preserve the natural biodiversity of the District's preserves. • Inventory and map special-status plant and animal species and their habitats at each preserve and prepare habitat protection and enhancement plans for special-status species on District lands. As public access improvements are planned during the process described under Goal 1, the biodiversity of the District's preserves will be assessed and protected. The mapping processes in Goal 2 will also assist in biodiversity protection by mapping valuable wildlife habitats, such as wildlife movement corridors,watering sources, and sensitive nesting areas; unique plant communities, such as wetlands, serpentine grasslands and riparian corridors; and other special landscape features, such as cliffs and talus slopes. Implementation I. Monitor the status of wildlife populations of significant value. 2. Protect sensitive biological areas. 3. Identify special status species and their habitats. 4. Conduct protection or restoration work to promote healthy special status species populations. 5. Monitor status of special-status species and collect relevant information. 6. Provide training to staff on identifying and avoiding impacts to special-status species. Staff Roles and Tools • Lead Staff—Resource management specialist will coordinate species surveys, habitat restoration, and develop monitoring programs. • Supporting Staff—Planning Department will prepare preserve-wide inventories and plans, and incorporate wildlife and vegetation studies into resource management plans. Operations Department field staff will assist in the collection of baseline data, implement restoration work, coordinate contractors, and conduct monitoring • Consultants—May survey for special-status species and make recommendations regarding habitat protection and enhancement. • Training—Will be provided to Planning and Operations Department staff on identifying and avoiding impacts to special-status species. SAResource Management\Strategic Plan\Draft Plan 6.12.02.doc Page 8 Goal 5 Restore Degraded Sites to Natural Conditions Including Removal of Invasive Non-Native Species. (Resource Management Policies 3.1,4.2, 6, 8.1,9.1) Objectives • Identify degraded conditions that adversely affect watersheds and natural resource biodiversity on existing preserves and new acquisitions. • Restore sites that are prone to erosion and to invasion by non-native species to natural conditions. • Remove or control invasive non-native species on District lands. • Prevent or limit new outbreaks of invasive species. Implementation I Inventory degraded conditions during acquisition and preliminary use and management planning. These conditions can include, but are not limited to, former structure sites, abandoned roads, off- road vehicle areas, illegal trails, dumpsites, quarries, gun ranges, golf courses, graded areas, and landings. 2. Prioritize restoration of currently identified degraded areas on new acquisitions and newly discovered problems on existing preserves. 3. Monitor progress of, and analyze methods at, restoration sites through the use of pre-project and post-project photographs and surveys. Adapt restoration techniques as necessary and apply successful techniques to other sites. 4. Use education and enforcement to manage visitor impacts to natural resources. 5. Utilize restoration techniques to mitigate encroachments that have degraded District land. 6. Inventory invasive non-native species and continually monitor for new outbreaks. 7. Determine feasibility of controlling populations of invasive species. Continue to prioritize non- native plant removal sites using the Invasive Exotic Plant inventory(Kan, 1997) and Monitoring of High Priority Weed Sites (Kan, 2001). 8. Continue the feral pig control program and coordinate a regional control effort. SAResource Management\Strategic PlanNDraft Plan 6.12.02.doc Page 9 9. Follow guidelines for long-term weed control on all sites where invasive plants have been removed. 10. Continue use of prescribed fire as a management tool to reduce non-native plant populations. 11. Coordinate with neighboring property owners regarding invasive control programs. 12. Cooperate with related agencies and organizations such as the Weed Management Areas of San Mateo and Santa Clara Counties and the Santa Cruz Mountains Bioregional Council on regional invasive species control efforts. Staff Roles and Tools • Lead Staff—Resource management specialist will coordinate restoration efforts and invasive control, and serve as liaison with local agencies and organizations. • Supporting Staff—Field crews will implement restoration and control efforts, assist in identification of degraded sites, and monitor changed conditions primarily through the field staff s Resource Management Days and by directing special work crews, such as volunteers and contractors. The Planning Department will assist in identification of degraded conditions and sites, and prioritization, including regional efforts and GPS mapping. The Acquisition Department will coordinate mitigation of encroachment-related degradation of natural resources. • Contract Labor, Volunteers and Consultants—Contract labor and consultants may design and install certain restoration sites. Volunteers and other labor, such as the California Conservation Corps and California Youth Authority, will be used to control invasive plants and perform other restoration activities. SAResource Nlanagement\Strategic Plan\Draft Plan 6.12.02.doc Page 10 Goal 6 Protect Resources through Continued Compliance with Environmental Regulations and Standards. (Resource Management Policy 2.5) Objectives • Develop systematic procedures for evaluation and monitoring of projects pursuant to the California Environmental Quality Act(CEQA) and where applicable, the National Environmental Policy Act (NEPA). • Conduct management and stewardship activities, and implement public access improvements consistent with the California Stormwater Best Management Practice Handbook, published by the State Water Resources Control Board. • Conduct management and stewardship activities, and implement public access improvements consistent with the Bay Area 2000 Clean Air Plan (2000 CAP),prepared by the Bay Area Air Quality Management District. • Collaborate with resource agencies, environmental organizations, and local communities to develop and implement resource protection practices. Implementation 1. Monitor projects and activities and provide reports as necessary to comply with environmental regulations, project mitigation measures, and permits. 2. Evaluate the effectiveness of resource protection standards and practices. 3. Utilize the GIS resource inventory database(see Goal 2) for baseline information when evaluating the environmental effects of a project or activity. 4. Use the Site Assessment Checklist (see Goal 1) to identify resource protection issues. 5. Collect and update information regarding environmental issues that affect the region, as well as District lands. 6. Ensure that appropriate staff members receive training regarding environmental regulations and standards,permitting requirements, and monitoring techniques. SAResource Management\Strategic Plan\Draft Plan 6.12.02.doc Page 11 Staff Roles and Tools • Lead Department—Planning Department will develop environmental review procedures and ensure that public access improvements are planned and implemented consistent with environmental P p p p ua reg 1 tions. • Supporting Departments—Operations Department, particularly field staff, will monitor management and stewardship activities to ensure compliance with environmental regulations and required mitigation measures. • Board of Directors— Staff will present environmental (CEQA or NEPA) documents to the Board for their certification, as required. SAResource Mana ement\Strategic Plan\Draft Plan 6.12.02.doc Page 12 i g Goal 7 Use Best Management Practices to Protect Natural Resources Objective • Use best management practices during District maintenance activities to minimize erosion from trails and roads, reduce overall maintenance, and otherwise protect natural resources. Implementation 1. Develop best management practices for routine maintenance activities and retrofits, including disking of fuel breaks, road grading, and standards for trimming branches,removing trees, transplanting, and other vegetation management techniques. 2. Develop a maintenance plan for roads, trails, culverts, and other improvements at each preserve to minimize erosion and sedimentation. Staff Roles and Tools • Lead Role—Planning Department will coordinate development of the Standard Details and Specifications Handbook and the maintenance plan for roads. Operations Department staff and the resource management specialist will develop a field manual of best management practices for routine maintenance and other typical activities. • Supporting Staff-Resource management specialist will advise on effects of various methods. Operations Department staff will advise on practicality of specifications and maintenance of roads. • Training—Field crews will be trained in the implementation of best management practices. SAResource Management\Strategic Plan\Draft Plan 6.12.02.doc Page 13 6AE.is Adopt a resource managemerlit ptanntng procs. Implementation Actions lead Year"I Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks Create a Site Assessment Checklist Planning Work with Planning,Operations Use checklist when acquiring Use checklist when acquiring !Use checklist when acquiring Use checklist when acquiring and Acquisition to create a useful !property or entering into property or entering into !property or entering into property or entering into multi-departmental checklist management agreements, management agreements. I management agreements. ;management agreements. i Amend the District's Open Space Use and Planning Draft amendment with input from ' Management Planning Process I Operations and Acquisitions Departments.Present to Board for jconsideration and adoption. Prepare subject-specific resource Planning Start grazing guidelines in I Finish grazing guidelines in k Prepare guidelines related to issues Prepare additional subject-specific I Prepare additional subject-specific management guidelines. j conjunction with La Honda Creek !conjunction with La Honda Creek `identified in Sierra Azul&Bear guidelines to address issues ;guidelines to address issues Master Plan Master Plan. I Creek Redwoods Master Plan identified in site assessments and !identified in site assessments and Prepare pond management in response to resource in response to resource guidelines. management needs. management needs. Establish criteria for Master Plans and Planning Work with resource management Resource Management Plans 'specialist to establish criteria. I Create procedures to facilitate inter- Planning :Work with Planning,Operations and Acquisition to identify roles and (Review and update procedures for departmental coordination. responsibilities to facilitate the resource planning process. ;inter-departmental coordination. I I j I I SAResource Mangement\Strategic Plan\5-year Goal 1 -Cathy.xis,Goal 1 of 1 6113/02,3:36 F t GOAL 2: Develop:a resource inventory mapping system using GIS and GPS technology Implementation Actions Lead Year 1 Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks Using CEGA as guide,identify and Planning ;Organize existing GIS resource Maintain and update data catalog Maintain and update as new data Maintain and update as new data Maintain and update as new data prioritize necessary resource data;develop] Mayers and create data catalog& and rretadata as new data are are added to GIS are added to GIS are added to GIS list of target GIS data such as rare species'., metadata to describe them added to GIS and historic resources j Design a GIS Resource Inventory Planning !Research availability of database ;Review GIS Resource Inventory for Database to serve as the clearinghouse fori j models and modify as necessary `, additional revisions or gaps. information about resources on District lands Incorporate regional and site-specific Planning Integrate the District's Species Acquire GIS image processing Incorporate data from La Honda Incorporate data from Sierra Azul 'Continue poputing GIS with information about natural and cultural Observation Database into the GIS software and begin converting Creek Master Plan into GIS Master Plan into GIS Resource resource information as it is resources into GIS Resource Inventory Resource Inventory Database paper maps from District files into Resource Inventory: incorpprate Inventory; incorporate data from collected in the field with GPS; Database GIS format,starting with red-legged;marbled murrelet study(if road assessment projects into GIS ;incorporate data from road ]frog survey results(Seymore)and completed)into GIS assessment projects into GIS Irare plant inventory(Kan) Plot and update 1:24,000 scale regional Planning Develop map templates and Complete resource maps and Update maps as new data are ;Update maps as new data are resource maps;key layers include i mapping standards; begin creating update as new data are collected in collected collected geology,hydrology,vegetation,wildlife, I maps field or shared by agencies cultural/historic,non-native invasives j Coordinate with other agencies to acquire I Planning ].loin local GIS associations such astOn-going On-going On-going On-going &share regional resource data i {BAAMA and SCGIS and attend Design GPS Data Dictionary and develop Planning Design GPS Data Dictionary and Finalize GPS field data collection procedures to standardize collection of develop procedures for field-based procedures resource information for use in GIS resource data collection Resource Inventory Coordinate GPS training for staff Planning Coordinate with Operations to .Coordinate GPS refresher training if L !acquire GPS units compatible with necessary Districts GIS; coordinate initial GPS training for staff S:\Resource Management\Strategic Plan\5-Year RM Spreadsheet-Matt kat Goals 2,3,6.xis,GoaMge 1 of 1 6/13/02,3:35 Pi GOAL'3., Prepare resource management plans for kept open space preserves and`other high,priority sites. Implementation Actions Lead Year 1 Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks Prepare a comprehensive resource Planning Continue development of resource Complete resource element for La Complete resource element for the initiate next Master Plan. Continue next Master Plan. management element for Preserve or area f elements for the Sierra AzullBear Honda Creek Master Plan. Sierra AzuttBear Creek Redwoods master plans. Creek Redwoods and La Honda !Continue development of the Master Plan. Begin srwping Creek Master Plans,which begin in resource element for the Sierra resource issues for next Master I FY02-03. 'Azul/Bear Greek Redwoods Master 1 Plan project j !Plan. Utilize the Site Assessment Checklist on Acquisition, 'Provide assistance on new land 'Occurs on an as-needed basis !Occurs on an as-needed basis Occurs on an as needed basis Occurs on an as needed basis new land acquisition projects to inventory Planning, acquistion projects to inventory significant resources and identify potential Operations a significant resources and issues: ! i incorporate data into GIS resource ssues Inventory Database Using guidelines developed in Goal 1, Planning Develop priorities for resource Re evaluate priorities based on new Re-evaluate priorities based on new Re-evaluate priorities based on new Re-evaluate priorities based on new prioritize District lands in need of resource management planning on District i acquisitions and updated resource acquisitions and updated resource i acquisitions and updated resource acquisitions and updated resource management plans j lands innventories inventories iinventories inventories Based on gaps in GIS Resource Inventory Planning and;Develop South Skytine area Develop Purisima-Mills Creek area j Develop remaining Foothills area ;Continue assessment of road and Complete assessment of road and Database,manage specific resource Resource vegetation classification map ;vegetation classification map !vegetation classification map. trail system on{reserves loated in trail system on preserves coated in inventory and assessment projects to Management Conduct assessment of road and 'watersheds with anadramous watersheds with anadramous facilitate resource management planning trail system on preserves bated in (fisheries ifishenes watersheds with anadramous i i fisheries Prepare resource management plans for Planning Complete grazing monitoring plan Prepare a resource management Prepare a resource management Prepare a resource managementPrepare resource management sites with high priority or urgent resource I at Driscoll Ranch.Finalize plan to I plan for El Corte de Madera Open plan for Pulgas Ridge Open Space plan for the next high-priority area 1 plan for the highest-priority area issues reduce potential sedimentation into!Space Preserve in conjunction with Preserve,in conjunction with Use El Corte de Madera Creek.Finalize i Use and Management and Management amendments,if plan to restore Clapper Rail habitat amendments,if necessary necessary at Ravenswood. j S:\Resource Management\Strategic Plan\5-Year RM Spreadsheet-Matt kat Goals 43,6.x1s,GoaMge 1 of 1 6/13102,3:34 P I GOAL 4: Prote4;Cgfld entiance natural blodiversity and special-status species of the District's preserves. Implementation Measure Lead Year Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks 1. Monitor status of wildlife Resource Continue annual monitoring and cleaning of bluebird nest boxes. populations of significant value. Management Continue annual deer counts Collect and track information of special wildlife sightings,such as mountain lions. 2. Protect sensitive biological Resource Monitor ponds;one set every two years. areas. Management Continue monitoring Sudden Oak Death;implement precautionary actions,coordinate with other agencies. Monitor Driscoll grazing. 3. Identify special status species: Resource Resurvey potential rare plant Identify marbled murTetet habitat. and their habitats. Management locations identified during 2002 Identify special status species on new acquisitions,per process developed under Goal 2. survey. restoration protection or Resource Develop avoidance or replacement i Replace plants or relocate trails for Ltoration work to promote Management methods for potential rare plant those rare plants,as identified in Kan; ,healthy special status species impacts identified in Kan 2002- 2002 surveys,for which impacts populations. cannot be avoided. 5. Monitor status of special Resource Survey red-legged frogiamphibian Resurvey rare plant locations in Kan!Survey red-legged frog locations Resurvey rare plant locations in Kan :Resurvey red-legged frog locations status species and collect Management locations identified in Seymour 1997. 2002. identified in Seymour 1997. 12002. iidentified in Seymour 1997- relevant information. 6. Provide training to Operations Resource Develop preliminary table on all Collect detailed info on redwood Collect detailed info on steethead I'Collect detailed info on special status Collect detailed info on special status and Planning staff on identifying Management f I special-status species potentially forest species,in coordination with and other special status species o 1 species of grassland,serpentine, species of woodland and forested and avoiding impacts to special occurring on preserves with range. Bear Creek and La Honda master iriparian and wetlands areas scrub and chaparral areas. areas. status species. plant community,flowering season. planning. ;Train staff on marbled murrelet scrub staff on red-legged frog and Train staff on locations of rare plants ?protection. lanadromous fisheries protection. and avoidance measures.per Kan 2002. S:\Resource Management\Strategic Plan&year rrn spreadsheet-goals 4,5,7 6-7-02.xis,Goal 4 Page 1 of 1 6/14/02,8:49 AM GOAL 5: Restore degraded sites to natural conditions,Including removal of Invasive non-native species. Implementation Measures Lead Year t Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks 1. Inventory degraded conditions Planning Inventory grazing and erosion at Big Confirm conditions and inventory any during acquisition and preliminary I Dipper additional resources at Driscoll Inventory conditions as properties are acquired. use and management planning. Ranch 2. Prioritize restoration of currently' Resource Develop criteria for pnortizing Redriil front meadow at Rancho San Implement restoration of tree farm at identified degraded areas on new Management .restoration of degraded areas. Antonio. Skyline Ridge. acquisitions and newly discovered Continue development of plan for Drill seeding at Russian Ridge. problems on existing preserves. restoration of tree farm at Skyline Extend willow planting at Skyline Ridge. Ridge. Develop restoration plan fo Williams,Bartel properties in Sierra Azul. Continue annual seed collection and seed increase program. Pro ate native plants at RSA nursery. 3. Monitor progress of and analyze; Resource Monitor progress of oak and shrub Develop monitoring plan for Driscoll Evaluate grassland management at methods at restoration sites Management plantings at St.Joseph's Hill. Ranch. Russian Ridge and RSA front through the use of pre-project and with Operations!Determine if replanting is necessary. Monitor forest recovery at Bear meadow to determine future post-project photographs and Creek Redwoods. management. surveys. Use this information to design restoration techniques on other sites. 4. Use education and enforcement Operations to manage visitor impacts to (rangers) Ongoing li natural resources. 5. Utilize restoration techniques to Resource El Kareh grading. mitigate encroachments that have Management, degraded District lams. Acquisitions 6. Inventory invasive non-native Resource species and continually mointor to Management Update Kan invasive species reports with new sightings and repriontize control efforts,according to threat and potential for spread. 1. Determine feasibility of Resource Develop annual schedule, controlling populations of invasive Management recommend methods and priorities species. Continue to prioritize non for control of acacia,broom,cape Continue control of invasive s native plant removal sites using ivy,eucalyptus,fennel,harding Pees according to priorities and annual schedule. Kan 1997 and 2001 reports. !grass.jubata grass,periwinke,and thistles at designated preserves. S:\Resource Management\Strategic Plan\5-year rm spreadsheet-goals 4,5,7 6-7-02.xis,Goal 5 Page 1 of 2 6/14/02,11:01 AM Z, It ft-Grad6d iltiliit to, In 31 sit sore, alive s Irn len'tentation Measures I Lead Year 1 Tasks I Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks 8. Continue feral pig control Resource I Implement new contract with trapper.i Continue trapping,monitoring,and program and coordinate a regional 4 Management Convert mapping of pig rooting to ;coordination with other agencies. Determine if traram needs revisions. effort. (Convert base. Evaluate program for Inventory feral pigs in Foothills Area. pping prog �population changes. Encourage adjacent agencies to conduct similar trappim and 9. Follow guidelines for kxV-term Resource I Plant coastal scrub at Pulgas in Continue control of acacia at Mills Start control of broom at Mills Creek. Continue control of broom and Continue control of broom and weed control on all sites where Management !eucalyptus removal area. Continue Creek. Next phase of eucalyptus !Followup planting of coastal scrub at acacia at Mills Creek. Next phase of acacia at Mills Greek. Followup invasive plants have been control of acacia at Mills Creek. removal at Pulgas Ridge. Pulgas in eucalyptus removal area. eucalus removal at Pul ypt removed. gas Ridge.'planting of coastal scrub at Pulgas in 1 II eucalyptus removal area. lo. Continue use of prescribed fire 1 Resource !Bum north end of Russian Ridge to Evaluate burning as a tool for non- as a management tool to reduce I Management assist in restoration of native grasses native control and restoration of rion-native plant poputations. and wildflowers natural areas on other preserves. 11. Coordinate with neighboring Resource property owners regarding invasive Management Distribute educational materials from Weed Management Areas to interested public and neighboring property owners. control programs. 12. Cooperate with related Resource Attend monthly meetings of San Mateo Weed Management Agency and relevant subcommittees. agencies and organizations on Management regional invasive species control Attend quarterly meetings of Santa Cruz Bioregional Council.contribute relevant information from District preserves,and serve on steering committee. SAResource Management\Strategic Plan\S-year rm spreadsheet-goals 4.5,7 6-7-02,xls,Goal 5 Page 2 of 2 6/14/02,11:06 AM 6 To iresources throtf�hcoittinued coinptiahce with environmental regulationsrstandardsond practices. ter.,,... _ .. . ;,. Im lamentation Actions Lead Year 1 Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks Develop systematic procedures for Planning Create and implement an update and implement procedures. Update and implement procedures. Update and implement procedures. Update and implement procedures. environmental review of District projects environmental permitting and procedures manual with required forms,applications and checklists. Coordinate training for Planning and Planning Provide training in CEQA/NEPA Provide CEQAINEPA updates. Provide updates on CEQA/NEPA Provide updates on CEQA/NEPA Provide updates on CEQAINEPA Operations staff in environmental review and document preparation. Provide training regarding other and resource agency permitting and resource agency permitting and resource agency permitting regulations and standards.permitting Provide training regarding typical resource gency permits(air quality requirements and procedures. requirements aril procedures. requirements and procedures. requirements and procedures,and resource agency permits permits.bum permits,and Evaluate effectiveness of monitoring techniques. (streambed alteration agreements, incidental take permits for RTE monitoring programs. wad quality certifications,and fiu plant and animal species). permits). Collect and update information regarding Planning 8 Attend and participate in meetings Attend and participate in meetings Attend and participate in meetings Attend and participate in meets Attend and participate in meetings environmental issues that affect District Operations of the Bioregional Council and of the Booregional Council and other of the BBiorregional Council and other of the Bioregionai Council and other of the Bioregional Council and other lands and the region. other environmental organizations. environmental organizations. environmental organizations. environmental organizations. environmental organizations. Maintain a reference library of Maintain a reference library of Maintain a reference library of Maintain a reference library of Maintain a reference library of environmental policies,standards environmental policies,standards environmental policies,standards environmental policies,standards environmental policies,standards and procedures with a focus on and procedures with a focus on Bay and procedures with a focus on Bay and procedures with a focus on Bay and procedures with a focus on Bayl Bay Area ecosystems.Obtain and Area ecosystems.Obtain and Area ecosystems.Obtain and Area ecosystems.Obtain and Area ecosystems.Obtain and review environment-focused review environment-focused review envinomment-focused review environment-focused review environment-focused periodicals periodicals periodicals periodicals periodicals Continue developing the Standard Details Planning JCornplete Phase 11-erosion control Complete Phase 111-structures, and Specifications Handbook. and bank stabilization techniques and materials I I I Implementation Measures lead Year 1 Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks 1. Prepare a field manual of Resource Detvelop and irtnplement Integrated -Dever and implement BMPs forDevelop and implement standardsDevelop and implement standards Combine BMPs into field manual. best management practices for ( Management Pest Management Program far use (disking of fuel breaks..Confer and for road grading. Confirm that road for branch trimming,tree removal. Evaluate effectiveness of BMPs. routine maintenance and of herbioades arxd pesticides. get agreeemeM with local fire grading BMPs are consistent with transplanting and other vegetation, retrofits,incuding disking of fuel Provide staff with adecfivate training marshaNs and California Department water quality and fisheries corcems management techniques. breaks,road grading,and and equipment for implementing of Forestry on any revised fuel break of RWQCB,Calif.Dept.F&G,and standards for trinnmirg branches. program. BMPs. �Natl Marine Fisheries Service, removing trees,transplanting and other vegetation management teUnrdgems. 2. Develop a maintenance plan Planning and Implement maintenance plan for El Implement maintenance plan for I for roads,trails,adverts.and Operations Cote de Madera based on Implement District-wide general plan for maintenance of associated infrastructure of each consultant edtant Madera tirecommendations. ?Sierra Azul. Determine other high roads/trails/culverts and specific plans for preserves with greater potential priority preserves for review of Jor water quality and biological impacts. preserve to prevent erosion and including retrofits where necessary. road/traillculvert maintenance and Implement multi-year phased approach to retrofits,including for Sierra sedimentation in the watershed. retrfits. Azul. Identify human-generated debris(garbage,construction waste,hazardous wastes,etc.)and schedule removal on new properties,and as identified on existing properties. Evaluate methods for discouraging dumping. I I SAResource Management\Strategic Plan\5-year rm spreadsheet-goals 4,5,7 6-7-02.xis,Goal 7 Page 1 of 1 6/14/02,8:48 AM A Implementation Actions Lead Year 1 Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks Create a Site Assessment Checklist Planning Work with Planning,Operations I Use checklist when acquiring 'Use checklist when acquiring Use checklist when acquiring Use checklist when acquiring land Acquisition to create a useful property or entering into property or entering into !property or entering into property or entering into multi-departmental checklist management agreements. management agreements. management agreements. management agreements. Amend the DistricCs Open Space Use and Planning Draft amendment with input from Management Planning Process Operations and Acquisitions Departments.Present to Board for consideration and adoption. Prepare subject-specific resource Planning Start grazing guidelines in I Finish grazing guidelines in Prepare guidelines related to issues Prepare additional subject-specific I Prepare additional subject-specific management guidelines. conjunction with La Honda Creek conjunction with La Honda Creek identified in Sierra Azul&Bear :guidelines to address issues �guidelines to address issues Master Plan Master Plan. Creek Redwoods Master Plan identified in site assessments and identified in site assessments and Prepare and management :in response to resource in response to resource �guidelines. management needs. management needs. Establish criteria for Master Plans and Planning !Work with resource management Resource Management Plans specialist to establish criteria. Create procedures to facilitate inter- Planning Work with Planning,Operations and Acquisition to identify roles and Review and update procedures for departmental coordination. responsibilities to facilitate the resource planning process. sinter-departmental coordination. SAResource Mangement\Strategic Plan\5-year Goal 1 -Cathy.xls, Goal 1 1 of 1 6/13/02, 3:36 PM x A r. Implementation Actions Lead Year Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks Using CEQA as guide,identify and Planning Organize existing GIs resource Maintain and update data catalog !Maintain and update as new data Maintain and update as new data Maintain and update as new data prioritize necessary resource data;develop layers and create data catalog& and metadata as new data are are added to GIS are added to GIS are added to GIS list of target GIS data such as rare species metadata to describe them added to GIS and historic resources Design a GIs Resource Inventory Planning Research availability of database I Review GIS Resource Inventory for:, Database to serve as the clearinghouse focimodels and modify as necessary additional revisions or gaps. information about resources on District ands Incorporate regional and site-specific Planning Integrate the District's Species Acquire GIs image processing Incorporate data from La Honda Incorporate data from Sierra Azul Continue poputing GIS with information about natural and cultural :Observation Database into the GIS software and begin converting !Creek Master Plan into GIs Master Plan into GIs Resource resource information as it is resources into GIS Resource Inventory 'Resource Inventory Database paper maps from District files into Resource Inventory; incoroprate 'Inventory; incorporate data from collected in the field with GPS; Database GIS format,starting with red-legged marbled murrelet study(if road assessment projects into GIS incorporate data from road frog survey results(Seymore)and !completed)into GIs assessment projects into GIS rare plant inventory(Kan) Plot and update 1:24,000 scale regional Planning Develop map templates and Complete resource maps and Update maps as new data are Update maps as new data are resource maps;key layers include mapping standards; begin creating update as new data are collected in collected collected geology,hydrology,vegetation,wildlife, maps field or shared by agencies cultural/historic,non-native invasives Coordinate with other agencies to acquire Planning Join local GIS associations such asf On-going ion-going lOn-going On-going &share regional resource data BAAMA and SCGIS and attend meetinas and workshops Design GPS Data Dictionary and develop Planning Design GPS Data Dictionary and Finalize GPS field data collection 1 procedures to standardize collection of ;develop procedures for field-based 1procedures resource information for use in GIs i resource data collection Resource Inventory 'oordinate GPS training for staff Planning Coordinate with Operations to !Coordinate GPS refresher training if! acquire GPS units compatible with 1 inecessary Districts GIs; coordinate initial GPS training for staff SAResource Management\Strategic Plan\5-Year RM Spreadsheet-Matt kat Goals 2,3,6.xis, GoaRbge 1 of 1 6/13/02, 3:35 PM 0M, P 04 Implementation Actions 1 Lead Year Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks Prepare a comprehensive resource Planning Continue development of resource Complete resource element for La i Complete resource element for the Initiate next Master Plan. Continue next Master Plan. management element for Preserve or area elements for the Sierra Azul/Bear Honda Creek Master Plan. Sierra Azul/Bear Creek Redwoods master plans. Creek Redwoods and La Honda Continue development of the Master Plan. Begin scoping Creek Master Plans,which begin in resource element for the Sierra resource issues for next Master FY02-03. Azul/Bear Creek Redwoods Master Plan project. Plan. Utilize the Site Assessment Checklist on Acquisition, "Provide assistance on new land Occurs on an as-needed basis Occurs on an as-needed basis Occurs on an as-needed basis Occurs on an as-needed basis new land acquisition projects to inventory Planning, iacquistion projects to inventory i significant resources and identify potential j Operations significant resources and issues-, i .ssues incorporate data into GIs resource Inventory Database Using guidelines developed in Goal 1, Planning Develop priorities for resource Re-evaluate priorities based on newt Re-evaluate priorities based on new Re-evaluate priorities based on newl Re-evaluate priorities based on new prioritize District lands in need of resource imanagement planning on District acquisitions and updated resource updated resource acquisitions and updated resource acquisitions and acquisitions and updated resource management plans lands inventories inventories inventories iinventories Based on gaps in GIS Resource Inventory Planning and!Develop South Skyline area I Develop Purisima-Mills Creek area Develop remaining Foothills area 1 Continue assessment of road and !Complete assessment of road and Database,manage specific resource Resource vegetation classification map vegetation classification map vegetation classification map. trail system on preserves loated in trail system on preserves loated in inventory and assessment projects to Management Conduct assessment of road and watersheds with anadramous lwatersheds with anadramous facilitate resource management planning Itrail system on preserves loated in Ifisheries lfisheries :watersheds with anadramous fisheries Prepare resource management plans for Planning Complete grazing monitoring plan Prepare a resource management I Prepare a resource management Prepare a resource management Prepare resource management sites with high priority or urgent resource I at Driscoll Ranch.Finalize plan to plan for El Corte de Madera Open !plan for Pulgas Ridge Open Space plan for the next high-priority area 1 plan for the highest-priority area issues reduce potential sedimentation into iSpace Preserve in conjunction with Preserve,in conjunction with Use El Corte de Madera Creek.Finalize I Use and Management and Management amendments,if plan to restore Clapper Rail habitat amendments,if necessary necessary i at Ravenswood. ill SAResource ManagemenAStrategic Plan\5-Year RM Spreadsheet-Matt kat Goals 2,3,6.xls, GoaMge 1 of 1 6/13/02, 3:34 PM k 3 ir J "I! es- rVW, 10 n, ]�Lg&D 'e, 'A 4811" implementation Measure Lead Year Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks 1. Monitor status of wildlife Resource � Continue annual monitoring and cleaning of bluebird nest boxes. populations of significant value. Management Continue annual deer counts Collect and track information of special wildlife sightings,such as mountain lions. 2. Protect sensitive biological Resource Monitor ponds;one set every two years. areas. Management Continue monitoring Sudden Oak Death;implement precautionary actions;coordinate with other agencies. Monitor Driscoll grazing. 3. Identify special status species Resource i Resurvey potential rare plant 1 Identify marbled murrelet habitat. and their habitats. Management locations identified during 2002 Identify special status species on new acquisitions,per process developed under Goal 2. 4. Conduct protection or Resource Develop avoidance or replacement Replace plants or relocate trails for ,estoration work to promote Management methods for potential rare plant [those rare plants,as identified in Kan m1thy special status species impacts identified in Kan 2002. :2002 surveys,for which impacts populations. cannot be avoided. 5. Monitor status of special Resource i Survey red-legged frog/amphibian Resurvey rare plant locations in Kan Survey red-legged frog locations Resurvey rare plant locations in Kan I Resurvey red-legged frog locations status species and collect i Management ;locations identified in Seymour 1997.i2002. identified in Seymour 1997. 2002. i identified in Seymour 1997. relevant information. 6. Provide training to Operations Resource !Develop preliminary table on all Collect detailed info on redwood Collect detailed info on steelhead Collect detailed info on special status Collect detailed info on special status and Planning staff on identifying Management !'special-status species potentially forest species,in coordination with land other special status species of species of grassland,serpentine, species of woodland and forested and avoiding impacts to special occurring on preserves with range, Bear Creek and La Honda master riparian and wetlands areas. scrub and chaparral areas. areas. status species. !!plant community,flowering season. planning. Train staff on marbled murrelet Train staff on red-legged frog and ;Train staff on locations of rare plants protection. anadromous fisheries protection. :and avoidance measures,per Kan 12002. S:\Resource Management\Strategic Plan\5-year mn spreadsheet-goals 4,5,7 6-7-02.x1s, Goal 4 Page 1 of 1 6/14/02, 8:49 AM a . .�v..r. N r x r � :.+ »... .. .....e <, ..._. �,.,< -. ..a,.. M-v y,: .,,~• , ,,,.. + ..,s, AL` r Implementation Measures Lead Year 1 Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks 1. Inventory degraded conditions Planning Inventory grazing and erosion at Big !Confirm conditions and inventory anyj j during acquisition and preliminary +Dipper +additional resources at Driscoll Inventory conditions as properties are acquired. use and management planning. ( ,Ranch 2. Prioritize restoration of currently Resource Develop criteria for priortizing Redrill front meadow at Rancho San Implement restoration of tree farm at identified degraded areas on new Management restoration of degraded areas. !Antonio. !Skyline Ridge. acquisitions and newly discovered Continue development of plan for Drill seeding at Russian Ridge. problems on existing preserves. restoration of tree farm at Skyline Extend willow planting at Skyline Ridge. Ridge. Develop restoration plan for Williams,Bartel properties in Sierra �Azul. Continue annual seed collection and seed increase program. Propagate native plants at RSA nursery 3. Monitor progress of and analyze+ Resource Monitor progress of oak and shrub !Develop monitoring plan for Driscoll j Evaluate grassland management at methods at restoration sites Management plantings at St.Joseph's Hill. Ranch. Russian Ridge and RSA front through the use of pre-project and with Operations Determine if replanting is necessary. Monitor forest recovery at Bear meadow to determine future post-project photographs and Creek Redwoods. management. surve s. Use this information to l Y design restoration techniques on other sites. i 4. Use education and enforcement! Operations to manage visitor impacts to (rangers) Ongoing natural resources. 5. Utilize restoration techniques to ! Resource El Karen grading. mitigate encroachments that have Management, degraded District lands. Acquisitions 6. Inventory invasive non-native ( Resource species and continually mointor for Management Update Kan invasive species reports with new sightings and reprioritize control efforts,according to threat and potential for spread. new outbreaks. Determine feasibility of Resource !Develop annual schedule, I controlling populations of invasive Management recommend methods and priorities species. Continue to prioritize non-1 i for control of acacia,broom,cape Continue control of invasive species according to priorities and annual schedule. native plant removal sites using ivy,eucalyptus,fennel,handing Kan 1997 and 2001 reports. +grass,jubata grass,periwinke,and thistles at designated preserves. SAResource Management\Strategic Plan15-year rm spreadsheet-goals 4,5,7 6-7-02.xis, Goal 5 Page 1 of 2 6/14/02, 11:01 AM Implementation Measures Lead Year Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks 8. Continue feral pig control i Resource Implement new contract with trapper.j Continue trapping,monitoring,and program and coordinate a regional I Management Convert mapping of pig rooting to coordination with other agencies Determine if trapping program needs revisions. effort. iGISbase. Evaluate program for Inventory feral pigs in Foothills Area. population changes. Encourage adjacent agencies to conduct similar 1traDoinq and monitoring programs. 9. Follow guidelines for long-term Resource I Plant coastal scrub at Pulgas in 'Continue control of acacia at Mills Start control of broom at Mills Creek. Continue control of broom and Continue control of broom and weed control on all sites where Management !eucalyptus removal area. Continue Creek. Next phase of eucalyptus !Followup planting of coastal scrub at acacia at Mills Creek. Next phase of;acacia at Mills Creek. Followup invasive plants have been I control of acacia at Mills Creek. removal at Pulgas Ridge. Pulgas in eucalyptus removal area. eucalyptus removal at Pulgas Ridge. planting of coastal scrub at Pulgas in removed. eucalyptus removal area. Continue use of prescribed fire Resource Bum north end of Russian Ridge to Evaluate burning as a tool for non- 1 ,is a management tool to reduce Management assist in restoration of native grasses native control and restoration of non-native plant populations. j and wildflowers natural areas on other preserves. 11. Coordinate with neighboring Resource property owners regarding invasive Management Distribute educational materials from Weed Management Areas to interested public and neighboring property owners. control programs. 12. Cooperate with related 1 Resource Attend monthly meetings of San Mateo Weed Management Agency and relevant subcommittees. agencies and organizations on Management regional invasive species control efforts. Attend quarterly meetings of Santa Cruz Bioregional Council,contribute relevant information from District preserves,and serve on steering committee. S:\Resource Management\Strategic Plan\5-year rm spreadsheet-goals 4,5,7 6-7-02.xls, Goal 5 Page 2 of 2 6/14/02, 11:06 AM I Implementation Actions Lead Year 1 Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Y �f p ear 5 Tasks Develop systematic procedures for Planning Create and implement an Update and implement procedures. Update and implement procedures. Update and implement procedures. Update and implement procedures. environmental review of District projects environmental permitting and procedures manual with required forms,applications and checklists. Coordinate training for Planning and Planning Provide training in CEQA/NEPA Provide CEQA/NEPA updates. Provide updates on CEQA/NEPA Provide updates on CEQA/NEPA Provide updates on CEQA/NEPA Operations staff in environmental review and document preparation. Provide training regarding other and resource agency permitting and resource agency permitting and resource agency permitting gulations and standards,permitting Provide training regarding typical resource gency permits(air quality requirements and procedures. requirements and procedures. requirements and procedures. quirements and procedures,and resource agency permits permits,bum permits,and Evaluate effectiveness of monitoring techniques. (streambed alteration agreements, incidental take permits for RTE monitoring programs. water quality certifications,and fill plant and animal species). permits). Collect and update information regarding Planning& Attend and participate in meetings Attend and participate in meetings Attend and participate in meetings Attend and participate in meetings Attend and participate in meetings environmental issues that affect District Operations of the Bioregional Council and of the Bioregional Council and other of the Bioregional Council and other of the Bioregional Council and other of the Bioregional Council and other lands and the region. other environmental organizations. environmental organizations. environmental organizations. environmental organizations. environmental organizations. Maintain a reference library of Maintain a reference library of Maintain a reference library of Maintain a reference library of Maintain a reference library of environmental policies,standards environmental policies,standards environmental policies,standards environmental policies,standards environmental policies,standards and procedures with a focus on and procedures with a focus on Bay and procedures with a focus on Bay and procedures with a focus on Bay and procedures with a focus on Bay Bay Area ecosystems.Obtain and Area ecosystems.Obtain and Area ecosystems.Obtain and Area ecosystems.Obtain and Area ecosystems.Obtain and review environment-focused review environment-focused review environment-focused review environment-focused review environment-focused periodicals periodicals periodicals periodicals periodicals Continue developing the Standard Details Planning Complete Phase 11-erosion control Complete Phase III-structures, and Specifications Handbook. and bank stabilization techniques and materials I II ;0 7 gl F A 77 61L Implementation Measures i Lead Year Tasks Year 2 Tasks Year 3 Tasks Year 4 Tasks Year 5 Tasks 1. Prepare a field manual of I Resource Develop and implement Integrated Develop and implement BMPs;for Develop and implement standards IDevelop and implement standards Combine BMPs into field manual. best management practices for Management Pest Management Program for use disking of fuel breaks. Confer and for road grading. Confirm that road 'for branch trimming,tree removal, Evaluate effectiveness of BMPs. routine maintenance and of herbicides and pesticides. get agreeement with local fire grading BMPs are consistent with !transplanting and other vegetation retrofits,including disking of fuel Provide staff with adequate training marshalls and California Department water quality and fisheries concerns !management techniques. breaks,road grading,and and equipment for implementing of Forestry on any revised fuel break(of RWQCB,Calif. Dept. F&G,and standards for trimming branches, program. BMPs. Nat'l Marine Fisheries Service. removing trees,transplanting and other vegetation management techniques. Develop a maintenance plan j Planning and Implement maintenance plan for El Implement maintenance plan for !Implement District-wide general plan for maintenance of jr roads,trails,culverts,and Operations Corte de Madera based on jSierraAzuI. Determine other high roads/trails/culverts and specific plans for preserves with greater potential associated infrastructure of each i consultant recommendations, !priority preserves for review of for water quality and biological impacts. preserve to prevent erosion and including retrofits where necessary. road/trail/culvert maintenance and j Implement multi-year phased approach to retrofits,including for Sierra sedimentation in the watershed. retrofits. !Azul. Identify human-generated debris(garbage,construction waste,hazardous wastes,etc.)and schedule removal on new properties,and as identified on existing properties. Evaluate methods for discouraging dumping. S:kResource Management\Strategic Plan\5-year rm spreadsheet-goals 4,5,7 6-7-02.xis,Goal 7 Page 1 of 1 6/14/02,8:48 AM Regional Opens,,ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-10 REGULAR MEETING BOARD OF DIRECTORS May 22, 2002 MINUTES REGULAR MEETING L ROLL CALL Vice President Nonette Hanko called the meeting to order at 7:30 p.m. Members Present: Jed Cyr,Mary Davey,Nonette Hanko,Larry Hasseft,Ken Nitz, Pete Siemens, and Deane Little(arrived at 7:32 p.m.). Members Absent: None. Additional Staff Present: Craig Britton, Susan Schectman, John Cahill, Stephanie Jensen, Sandy Sommer,Lisa Zadek, Sally Thielfoldt,Mike Williams, John Escobar, and Del Woods. IL ORAL COMMUNICATIONS David Rude, 10 Almaden, Suite 1250, San Jose, attorney for Jack Paulin, said he considered himself a good friend of the District and described some of his past dealings with the District. Mr. Paulin had asked him to help resolve the dispute with the District. He got involved by asking the Paulin family to negotiate acquisition of their remaining property by the District. He said there had been a mediation and eventually they reached an agreement. They have been working to finalize a purchase agreement. He said he understood that the things Mr. Paulin had done that he considered improvements(cutting trees,building and maintaining roads)were considered by the District to be damage. He said Mr. Paulin has been very cooperative. They have proposed a$50,000 security deposit to be forfeited if Mr. Paulin does not do what he is supposed to do. He said he would do everything in his power to make sure the property gets cleaned up and that Mr. Paulin leaves. D. Little arrived at 7:32 p.m. 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,Larry Hassett,Kenneth C. Nitz - General Manager:L.Craig Britton Meeting 02-10 Page 2 M. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR N. Hanko removed Agenda Item 4, Adopt the Attached Resolution Authorizing Participation in State Disability Insurance for Management. Supervisory and Mai Office Staff. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including approval of the minutes of the March 27, 2002 Regular Meeting; a draft response to a written communication from Mr. Peter P. Donohue, 792 Arguello Street, Redwood City;Agenda Item 5,Authorize Staff to Solicit Bids to Construct the Federal EmffjLM M EMA - Management Agency Funded Old Page Mill Tra il Repairs at Skyline Ridge QVen Space Preserve;Agenda Item 6,Authorize the General Manager to Enter into an AmepdmgpA to the Contract with Panko Architects of San Mateo for an Amount Not to Exceed $6.000 for Design and Engineering Sgr-y&&s to Enlace the Maintenance Shop Building for the Foothills Field Operations Facility at Rancho San Antonio Open Space Preserve; and Revised Claims 02-09. P. Siemens seconded the motion. The motion passed 7 to 0. V. BOARD BUSINESS A- Agenda Item 1 —Gua dalupe River Watershed Natural R SWMrS&Damage Assessment: Authorize the Ge-n"r —Mg—nage—r to Extend A&EcgmepA for Legal Services with the Law Firm of Barg Coffip. Lewis& Trapp and Authorize Payments Not to Exceed an Additional $30.000:Authorize the CmgW Manager to Extend Agreement for Technical Consulting Services with the Firm of Locus Technologies and Authorize Payments Not to Exceed an Additional $25. (Roort R-02-62). S. Schectman reviewed the staff report. She stated that the regulatory agencies are meeting with the public and private parties, to attempt to negotiate a consent decree and settlement agreement in this matter. By its nature,that requires that the parties meet and attempt to resolve a legal dispute. All of the trustee agencies have signed a confidentiality agreement with the regulated parties to accomplish that. This is a means by which a lot of time and cost can be avoided, litigation can be avoided, and, most important,the resolution of the mercury issue can be accomplished in the quickest and most economical way. She noted that this is standard procedure. At the end,the consent decree must be approved by the US District Court and will be public. The District's negotiating documents are subject to attorney/client privilege available for Board Members to inspect within that privilege. Privileged documents will not be distributed. She said there are no projections for the TMDL costs at this time and it is not known whether that will Meeting 02-10 Page 3 be an active process. She explained the NRDA process seeks to recover damages for lost service in the past. To the extent that there is remediation needed in the future,that could happen by the TMDL process. Motion: L. Hassett moved that the Board authorize the General Manager to extend agreement for legal services with the law firm of Barg, Coffin, Lewis&Trapp and authorize payments not to exceed an additional $30,000; and authorize the General Manager to extend agreement for technical consulting services with the firm of Locus Technologies and authorize payments not to exceed an additional $25,000. M. Davey seconded the motion. Discussion: S. Schectman said she would provide additional information as to what the$25,000 represented in the way of technical services. The technical consultants have been involved in evaluating restoration alternatives,working on the trustees' data, comparing it to all the other potentially responsible parties' data, determining a debit and credit analysis that both sides can agree on among a large group of PRPs, and preparing detailed analyses of various solutions that the District might want to consider presenting to the trustees. One of the consultants spent about 400 hours,the attorney has spent about 280 hours to date. D. Little said he would like to see that kind of information in the staff reports. Vole: The motion passed 7 to 0. B. Agenda Item 2 - Adtt a Resolution to Establish a"Deemed" Retirement System Desiring"Medicare-Only" Coverage:Authorize the Payment of the District Portion of the Retroactive Amount for Three Years far Employees Buyi�into the Medicare System in an Amount Not to Exceed $8.000;Authorize the General Manager to Enter into an Appropriate Leal Au—§=ent. Subject to the Anaval of the General Counsel,with any of the Eligible Employees to Advance the Funds to Pay the Three Year Rdra (Aive Premium on Behalf of the Employee and Si iect to the Obligation of the Affected Em loloyees to Reimburse the District for the Advance of Funds Within Twelve Months for an Amount Not to Exceed $3,000 tier Employee—Moort R-02-71). S. Thielfoldt reviewed the staff report, pointing out the redline version at each Board Member's seat. She said she and C. Britton had met with all affected employees to discuss this proposal. Motion: M. Davey moved that the Board adopt Resolution No. 02-14, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Electing to Establish a"Deemed"Retirement System Pursuant to Section 218(D)6)of the Federal Social Security Act Desiring"Medicare-Only" Coverage; authorize the payment of the District's portion of the retroactive premium for Meeting 02-10 Page 4 three years to certain District staff to"buy" into the Medicare System in an amount not to exceed $8,000; and authorize the General Manager to enter into an appropriate legal agreement, subject to the approval of the General Counsel, with any of the eligible employees to advance the funds to pay the three year retroactive premium on behalf of the employee and subject to the obligation of the affected employee to reimburse the District for the advance of funds within twelve months for an amount not to exceed $3,000 per employee. N.Hanko seconded the motion. Discussion: S. Thielfoldt said that once the Ca1PERS process is complete, there will have to be a formal vote in which any pre-1986 employees would be eligible to vote. C. Britton said they had gone through an exhaustive process with potentially affected staff who are generally supportive of this proposal. I Cyr clarified that as a public employee he was ineligible for Medicare because 8 P Y County.he was being aid b the Coun . When this ed law came in effect in 1986, it was mandated that all new teachers in his school district had to be part of Medicare. He had chosen to opt in, and noted that it is a personal choice that depends on one's situation Vote: The motion passed 7 to 0. C. Agenda Item 3-Propgnd Lme and Prody Management Agreement with Peninsula Qgen Snare Trust for the Former McKannay Proper y Located Adjacent to Mt. Umunhum Area of Sierra Azul Opgn Sppape Preserve:Determine that the Recommended Actions are Categorically Exempt From the California Environmental OualV Act as Set Out in this Rom;Authorize the General Manager to Sign the Attached Luse and Management Agreement with Peninsula Open Space Trust and. Subject to Ap grovel by 1k C&neral Manager and General Counsel,to Appmn Minor Revisions to this Agrom net Whiph Do Not Substantially Change Any Material Term of the Agreement;TentativelX Adovt the Preliminary Use and Management Plan Recommendations Contained in this Re ort deport R-02-72). M. Williams showed the location of the Hacienda Park subdivision on a map. He noted that this subdivision is similar to the Redwood Park subdivision in Purisima Creek Redwoods Open Space Preserve in that it is only a subdivision on paper. He presented the staff report and noted that the"white" spots indicated two acres that are privately owned by about 30 property owners. He thought some of the lots would be coming up in the tax sale. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in the staff report; i Meeting 02-10 Page 5 authorize the General Manager.to sign the lease and management agreement with Peninsula Open Space Trust and, subject to approval by the General Manager and General Counsel, to approve minor revisions to this agreement which do not substantially change any material term of the agreement; and tentatively adopt the Preliminary Use and Management Plan recommendations . �'y S contained in the staff report. K. Nitz seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4- Adopt the Attached Resolution Authorizing Participation in State Disability Insurance for Management, Supervisory, and Main Office Staff import R 02-73), C. Britton explained that employees had voted 2/3rds in favor of the SDI program and explained why one-third of the staff was opposed to the proposal. He said those who have a minimum of 43 days of leave on the books are covered and do not need this program. Managers made presentations to staff on SDI and the long-term program and had an open vote. He said as a side benefit, they will now be able to change the payroll system and integrate it with a human resources program. S. Thielfoldt said it would cost employees a maximum of$415 a year. She added that state disability covers for pregnancy which long-term does not. C. Britton said that he thought a 2/3 vote was surprising and indicated overwhelming support. Motion-, N. Hanko moved that the Board adopt Resolution No. 02-15, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Participation in State Disability Insurance for Management Employees, Supervisory Employees and All Other Office Staff. D. Little seconded the motion. The motion passed 7 to 0. VL INFORMATIONAL REPORTS K. Nitz: 1. He went to a Smart Growth workshop at which people spoke out against a redevelopment project in Daly City. He said it was very interesting. 2. He met David Weintraub on a hike. N. Hanko: 1. She talked about the outing at Picchetti Ranch Open Space Preserve. She said she and P. Siemens were there to bring out the fact that the District had received a $50,000 grant for seismic upgrade. She said there were two people from the Cupertino Historic Society, as well as the Superintendent of Schools. She said P. Siemens gave a nice presentation. 2. The farmers on the coast have expressed renewed interest in talking to the District. She was invited by the Marchi family on a tour to see some of the problems that are part of the water issue. C. Woodbury will join the tour. 3. She requested that Board Members receive their mail in a more timely manner. Meeting 02-10 Page 6 J. Cyr said he worked at the ROMP table at El Corte de Madera Creek Open Space Preserve. There was a light crowd because it was Mother's Day. He said he got his"ears bent" and was very impressed with the ROW representatives. P. Siemens said the Picchetti visit was very interesting. Leslie Pantling told how she acquired the winery. He said the display board describing the District is missing. D. Little: 1. He thankdd staff for their response to his concerns about the 2M consultants. 2. He will go to the open space forum with J. Cyr, S. Thielfoldt, C.Britton, and S. Jensen. 3. He described an experience on Black Mountain. He saw a small rattlesnake at his feet eating a lizard. C. Britton: 1. He reminded.every.one of the Special Board meeting next Wednesday at which the main item is changing the ward boundaries based upon the 2000 census. s. 2. There had been a meeting at the District regarding the'NASA cleanup. He said D. Simmons has done a wonderful job reviewing background information. However,the Navy will go ahead with the cleanup that they had already planned. 3. He met with Mary Bums, San Mateo County Parks Director,regarding population overlaps on per capita money for Proposition 40. He filled her in on the coastal annexation progress. 4. Paul Romero,Parks Directors for Santa Clara County, will be going to work for Santa Clara Valley Water District. 5. He reminded them that the June 12 meeting will be a very important meeting. He said staff hoped that meeting would be the kickoff of the formal process of coastal annexation. 6. The San Mateo County VIP tour is scheduled for June 22. 7. Regarding the May revise of the State budget,the deficit is about$24 billion. He thought the chance of the District losing its multi-county exemption was high. 8. He talked about the newspaper articles about real estate values. 9. He described J. Dickey's experience at the auction for three Redwood Park parcels. 10. He had been on jury duty last week. S. Thielfoldt: 1. She provided a training update: Influencing Skills, a 3-day training taught by Art O'Neil; Substance Abuse Training for supervisors. 2. She attended a Liebert Cassidy consortium meeting and was invited to join the local human resources consortium which provides for sharing of training resources. I VII. ADJOURNMENT At 8:30 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 02-09 Meeting 02-10 May 22, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3782 94.66 Ace Fire Equipment Fire Extinguisher Servicing 3783 743.26 Acme&Sons Sanitation Services 3784 765.35 Allied Auto Works Vehicle Service and Repairs 3785 270.63 Alloy Cutting Company Flag Pole Support- SRO 3786 171.77 AT&T Telephone Service 3787 457.79 AT&T Wireless Cellular Phone Service 3788 51.38 Bailey's Field Equipment 3789 315.36 Bankosh, Michael Reimbursement-Mileage 3790 50.00 Bauriedel, Marilyn Docent Training 3791 33.94 Bennett, Jen Reimbursement- Mileage 3792 4,995.44 Big Creek Lumber Siding for Red Barn 3793 450.00 Brodhead Steel Products Co. Rebar for Tafoni Deck 3794 2.36 C.E.B. Legal Books 3795 139.54 California Water Service Co. Water Service 3796 632.00 Camino Medical Group Medical Services 3797 75.00 Chandik, Ted Docent Training 3798 3,560.35 Citation Press Printing-Catalog Envelopes 3799 6.35 CSK Auto Vehicle Supplies 3800 1,800.00 *1 Cupertino National Bank 3 Cashiers Checks for Redwood Tax Parcels 3801 7,540.58 Dell Corporation Computers/Monitors 3802 3,502.00 E.D.D. Unemployment Insurance 3803 903.31 Foster Brothers Keys&Locks 3804 67.57 G&K Service Shop Towel Service 3805 547.66 Gardenland Power Equipment Field Supplies&Equipment 3806 62.14 Goodco Press Inc. Business Cards 3807 65.00 Gutierrez, Keith Docent Training 3808 65.00 Harwood, Garth Docent Training 3809 948.75 *2 Home Depot, Inc. Field Supplies&Equipment 3810 142.24 Honda Peninsula Bicycle Accessories 3811 420.00 International Training Resources Defensive Tactics Seminar 3812 5,558.42 Jacaby Engineering Consulting Services-Sandstone Formation 3813 56.81 Kinko's Printing Services 3814 147.17 Lausten, Tom Reimbursement- Uniform Expense 3815 65.00 Leonardo, Chris D. Docent Training 3816 200.00 Lindsay, Tom Docent Training 3817 12.54 MCI Long Distance Telephone Service 3818 75.00 Merwin A. Mace Acquisition Consultant 3819 355.23 MetroMobile Communications Radio Repairs&Maintenance 3820 174.64 Northern Energy Propane Service 3821 240.32 Ocean Shore Company Rental of Concrete Mixer for Tafoni Deck 3822 2,219.19 Office Depot Office Supplies 3823 395.41 Orlandi Trailer Trailer Hitch Installation 3824 1,085.48 Pacific Bell Telephone Service 3825 60.53 Panko Architects Architectural Service-FRO Shop Facility 3826 1,610.08 Peninsula Transmission Service, Inc. Vehicle Repairs 3827 175.00 Peterson, Rici Docent Training 3828 3,918.27 Pine Cone Lumber Deck Material-Sandstone Formation 3829 1,697.20 Precise Mailing Mailing-'02 Annual Report&Outdoor Activity 3830 192.10 Precision Engravers, Inc. Name Tags Engraving Page 1 Claims No. 02-09 Meeting 02-10 May 22, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3831 203.64 Pringles Tractor Co. Tractor Repairs 3832 356.03 R. V. Cloud Plumbing Supplies 3833 36.13 Rayne Water Conditioner Rental 3834 3,510.50 Richard Seever Pig Control Services 3835 2,788.92 Rick Skierka Survey for Coastal Annexation 3836 64.72 Robert Hardware Field Supplies&Equipment 3837 300.00 Roberta Wolfe Recording Services 3838 979.78 Roy's Repair Service Vehicle Repairs&Service 3839 403.39 San Jose Water Company Water Service 3840 10.00 *3 San Mateo County Public Health Medical Services 3841 40.00 Santa Clara County EMS Agency Field Guides 3842 11.29 Schectman, Susan Reimbursement-Conference Expense 3843 410.51 Shell Oil Fuel 3844 965.23 Sherwin-Williams Paint&Supplies for Red Barn 3845 1,810.00 Sideman&Bancroft LLP Legal Services 3846 144.10 Skyline County Water District Water Service 3847 2,225.00 Stanley Reynolds Painting Consulting Services- Red Barn Project 3848 65.00 Steiner, John Docent Training 3849 15.54 Stevens Creek Dodge Vehicle Supplies 3850 75.00 Stoffer, Phil Docent Training 3851 390.79 Summit Uniforms Uniforms 3852 472.50 Therma Corp. HVAC Repair 3853 68.00 Tires on the Go Vehicle Tires 3854 265.64 United Rentals Equipment Rental 3855 29.00 USGS Maps 3856 135.68 Vallen Field Supplies 3857 2,000.00 Weintraub, David District Book Authorship 3858 448.29 West Coast Aggregates, Inc. Base Rock for Long Ridge 3859 129.90 West Group Legal Books Ili 3860 168.63 Williams, Mike Reimbursement-Mileage 3861 69.82 Woodbury, Cathy Reimbursement-Mileage 3862 61.70 Workingman's Emporium Uniforms 3863 977.30 Yee&Associates Legal Fee 3864R 5,047.04 Precise Mailing, Inc. Processing 2002 Annual Report 3865R 1,025.31 Jacaby Engineering Consulting Services-El Corte De Madera Creek 3866R 217.45 Petty Cash Local Business Meeting, Office Supplies, Field Supplies, Vehicle Mileage Total 73,039.65 *1 Urgent Check Issued 5/16/02. *2 Urgent Check Issued 5/15/02. *3 Urgent Check Issued 5/16/02. Page 2 Regional Open - ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-11 SPECIAL MEETING BOARD OF DIRECTORS May 292002 MINUTES REGULARAMETIN L ROLL CALL President Deane Little called the meeting to order at 7:33 p.m. Members Present: Jed Cyr,Mary Davey,Nonette Hanko,Larry Hassett,Ken Nitz, Pete Siemetis, and Deane Little. Members Absent: None. Additional Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt,Lisa Zadek, Doug Vu,Bunny Congdon, Fariba Ghahremani,Matt Freeman,Ruthie Harari-Kremer, and John Cahill. II. ORAL COMMUNICATIONS—There were none. M. SPECIAL ORDER OF THE DAY Bunny Congdon introduced Fariba Ghahremani, the newly hired Accounting Clerk. IV. ADOPTION OF AGENDA Motign; M. Davey moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR K.Nitz removed Agenda Item No. 5, Support for Trail Alignments C-1-B and S-I-E Pursuant to the Requirements of the Stanford University General Use Permit an Commnb Plan. N. Hanko requested that the following corrections be made to the May 8, 2002, minutes: Page 8,Motion Restated, change to read, give a progress report on the District's annexation process for the coastal annexation process." Page 10, second sentence of last paragraph, change"Vertf'to'%em." 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,Larry Hassett,Kenneth C. Nitz # General Manager:L.Craig Britton i Meeting 02-11 Page 2 i Motion: N. Hanko moved that the Board adopt the Consent Calendar, including approval of the minutes of the April 24, 2002 Special and Regular Meeting and the May 8, 2002 Special and Regular Meeting as amended; Agenda Item 4, Authorize Staff to Solicit Bids for Construction of a Parking and Staging,Area at the Jacques Ridge Entrance to Sierra Azul Open Space Preserve. J. Cyr seconded the motion. The motion passed 7 to 0. VL BOARD BUSINESS A. Agenda Item 1—District Ward Boundia Re-Alignment; Adopt the Attar Resolution Altering Existing Ward Boundaries Based Upon 2000 Census Data— aWort R-02-77). C. Britton introduced this item, stating that the District is required by law to redistrict following each census and prior to the next regular election. He said staff was able to adjust the population in the wards to within a one-percent 1% l IMP P � ) Le variance factor. After the staff had made their recommendation, the Legislative,, Finance, and Public Affairs Committee went through it carefully. M. Freeman talked about the method used to determine the new boundaries and said the new software made the process much easier than in the past. He added that Ruthie Kremer-Harari had worked with the software technical support people and was responsible for their being able to work with it effectively. He then made p g y a PowerPoint presentation showing how the boundaries had been adjusted within counties, cities, and District wards to result in the desired population balance among wards. Directors commended staff on a job well done. Motion: N. Hanko moved that the Board adopt Resolution No. 02-16, Resolution of the Board B of Directors of the Mid Peninsula Regional Open Space District Altering Existing Ward Boundaries. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item 2-AdoiQn of Resolution Apmoving Self-Insurance and boss Pooling of Workers' Compensation Insurance Through the California Joint Powers Insurance Authority;Ado tarn of Resolution Authorizing Application to the State of California to Self Insure Workers' Compgnsation Liabilities: AR12roval of Workers' Compensation Insurance Coverage for June 30, 2002 to June 30, 2003 at a Total Cost of Approximately$80,000 - (Report R-02-78). S. Thielfoldt presented the staff report, stating that the goal was to improve customer service, provide more contact with the injured worker, and allow more proactivity in terms of assessing claims and keeping costs down. Meeting 02-11 Page 3 Motion,-, M. Davey moved that the Board adopt Resolution No. 02-17, Resolution of the Board of Directors of the Midp6ninsula Regional Open Space District to Authorize and Approve Self-Insurance of Workers' Compensation for its Employees Through the Self- Insurance and Loss Pooling Program of California Joint Powers Insurance Authority; adopt Resolution No. 02-18,Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Application to the Director of Industrial Relations, State of California for a Certificate,of Consent to Self Insure Workers' Compensation Liabilities; and approve the CJPIA workers" compensation insurance program for June 30, 2002 to June 30, 2003 at a cost not to exceed $80,000. J. Cyr seconded the motion. Discussion: Board members congratulated S. Thielfoldt on this proposal. S. Thielfoldt told what would likely happen at the end of the year when the JPIA determines premiums for next year. She said that commercial insurance anticipates costs before a loss has been incurred. She added that this would be a three-year commitment to the JPLA, The motion passed 7 to 0. C. Agenda Item 3-_Aj"th dm Staff to Solicit Bids fo r Improvements to the Operations Maintenance Building at the Foothills Ranger Office Located i Rancho San Antonio Open Space Preserve-(Report R-00-02-89). J. Cahill said that Patrick Bernaldez, representing Panko,Architects, was present. J. Cahill presented the staff report and said he thought this'was a great time to be going out to bid. He talked about the features of the proposed building. J. Cahill pointed out recent changes, including a change in the roofline pitch, and said that the changes had resulted in an$11,000 deduction in the proposed contract. In addition, the new design provided an easier building to work with and with less possibility for complications with the activities that staff want to take place there. He talked about the connection between the two buildings. He assured the Board that the old building would be recycled, and added that no new equipment would be purchased for the inside of the new building. J. Maciel added that staff is supportive of the plan in terms of future needs. He said there is room for a lift in one of the bays of the new building. He talked about the master plan and noted it was very practical. J Meeting 02-11 Page 4 Regarding cost effectiveness of staff doing minor vehicle maintenance, I Maciel informed the Board that staff deals with two vendors for routine maintenance, and the vendors come to the site. He thought it was very cost effective. L. Hassett said he was disappointed that they were not considering some form of a photo voltaic project on.a new building like this. I Cahill said staff has not spent much time on it, but he knew that some of Butler's buildings are designed for retrofit. L. Hassett said it was important that the new building roof have the capability to support six pounds per square foot so it would not need to be reinforced to support the PV equipment. He talked about the benefits of shading from such a system and said he would like to see something come back to the Board in this regard. Patrick Beranldez assured the Board that the water heater was on-demand flow. This type of system occupies less space than other hot water tanks. I Cahill said they had tried to bring the project in under what was initially projected, but could build alternates into the bid. C. Britton agreed, and said they needed to make sure the roof load was six pounds per square foot. L. Hassett offered to consult on the engineering and design of the project. h to solicit bids for i L. v that the Board authorize staff Mot on. Hassett moved improvements to the operations maintenance building at the P P� g Foothills Field Office located in Rancho San Antonio Open Space Preserve, and look at some additional energy alternatives. N. Hanko seconded the motion. The motion passed 7 to 0. C. Britton thanked the architect's representative for being present at the meeting. D. Agenda Item 5- Support for Trail Alignments C-1-B And S-1-E Pursuant to the Regltirements of the Stanford University General Use Permit and Community Plan—%Wrt R 02-81 . K. Nitz asked for an explanation of the alternatives. C. Britton talked about District concerns and the three possible alignments. He showed their locations on a map and told which one the District is recommending. M. Davey showed what Stanford wants, noting it would be paved. She showed where the best trail would be, but said Stanford is against it even though there are trails there already. She indicated where the"compromise"trail was located. She said the Stanford strategy group might be able to persuade Sup. Liz Kniss to do the right thing. Meeting 02-11 Page 5 C. Britton added that he believed this was the beginning of the process, not the end. Motion: K. Nitz moved that the Board authorize the Board President to sign the letter as drafted to the Santa Clara County Board of Supervisors on behalf of the District in support of trail alignments C-1-B (Optimal San Francisquito Corridor)and S-1-E(Cherry Stem/Stanford Periphery). L. Hassett seconded the motion. Discussion: J. Cyr suggested changing the word"feels" to"thinks" or "believes" in the second line of the second paragraph of the letter. Vote: The motion passed 7 to 0. VII. INFORMATIONAL REPORTS J. Cyr said he would be at the Sunnyvale Art and Wine Festival this weekend. L. Hassett said he, representatives from the Town of Woodside, D. Woods, D. Simmons, and D. Sanguinetti would be meeting tomorrow with the neighbors who surround Dennis Martin Road(the Old La Honda Road homeowners group)and the Grandview homeowners to discuss issues regarding that area. M. Davey: 1. She alerted them that the Los Altos Hills Council is doing an analysis of all public open space land owned by the Town with the possibility of disposing of some of it. They are also looking at their path system. There will be a meeting on June 6. Following the suggestion that the Board send a letter to Los Altos Hills, C. Britton said that from a policy point of view the District has not gotten involved on what local agencies are doing internally. Discussion followed regarding what should be the District's responsibility in similar matters. C. Britton said he would get the information from Los Altos Hills and include it in the FYIs. N. Hanko commented that she thought the District could support a resolution regarding dedication of public land. N. Hanko: 1. She referred to the notice from Big Creek that they completed the logging on the Bear Creek Redwoods Preserve and said she thought that was great. 2. She also referred to the letter from C/CAG and said she thought L. Hassett would be good for the position on the policy advisory committee. C. Britton said letters had already been sent on this from the District suggesting that instead of saying, "identify possible solutions to minimize the environmental impact," it be changed to,"avoid bay lands at all cost." He said the possibilities are ominous in relation to bay lands. He said staff would place an item on the consent calendar approving the Board representation to the committee. D. Little was informed that the painting of the red barn is not complete and probably would not be for another week. C. Britton said the experts were on hand and he presumed they would stop work if there was any threat to the bats. D. Little said he Meeting 02-11 Page 6 thought staff had been directed to avoid working.when the bats were nesting. The job had been scheduled for completion by May 15. C. Britton said the experts are on hand and he thought that if the bats were in the vicinity or were returning,work would stop. He said staff would provide,a report from the consultants. C. Britton: 1. He referred to the letter in the IFYIs regarding the golf ball damage settlement. S. Schectman talked about the District's dispute with the golf course and said signage is the best solution. I. He announced that-the University Club was available for the District's 3&Anniversary dinner on November 15. 3. He,provided an update on the State budget, in particular the effect on.multi-county districts. He said the effect would be on the District's ability to borrow,not their ability to operate, so it would affect acquisition. In regard to Proposition 40 funds, he said the Cargill and Hearst acquisitions could drain the money that could otherwise be used*in this area. S. Schectman: 1. .On the Paulin matter, she said they had successfully completed negotiations and she was hopeful that that purchase would come before the Board at the June 26 meeting. 2. Regarding the Santa Clara County Open Space Authority, she said she understood that the Santa Clara County Taxpayers Association had challenged the validity of its assessment district. She will report on this as it moves forward. 3. She reported that the Wozniak lawsuit was filed and served, and they are working on getting a temporary restraining order. They expect a hearing on the preliminary injunction at the end of June. S. Thielfoldt informed Board Members that the Semiannual Campaign statements were due. VIIIL ADJOURNMENT At 9:37 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Regional Open , . ace R-02-79 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting No. 02-14 June 26, 2002 AGENDA ITEM 1 AGENDA ITEM Approval of the Purchase Agreement and Settlement Agreement and Mutual General Release Agreement in the Matter ofMidpeninsula Regional Open Space District V. Paulin, and Corresponding Addition of the Paulin Property to La Honda Creek Open Oace Pre e GENERAL MANAGER'S RECOM01MATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution approving the Settlement Agreement and Mutual General Release Agreement and authorizing the execution of the attached Purchase Agreement for the Paulin property as an addition to the La Honda Creek Open Space Preserve. 'n Management Plan recommendations contained in this 3. Tentatively adopt the Prelims Use and Y p �'1' report,including naming the property as an addition to the La Honda Creek Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space. RNTRODUCTION On September 18, 2000,the District filed a lawsuit against the owners of the Paulin Property located near Skyline Boulevard in unincorporated San Mateo County. The lawsuit was filed due to damage caused by the private property owners to the District's adjacent lands in the La Honda Creek Open Space Preserve. The proposed Purchase Agreement and Settlement Agreement and Mutual General Release are the result of a mediation process that began shortly after filing the lawsuit. As part of the Settlement Agreement,the parties have agreed to resolve the litigation. As a condition of the settlement, the District will purchase the Paulin property as an addition to the La Honda Creek Open Space Preserve and dismiss the litigation. The District will undertake restoration of the damage as described further in this report. The 22-acre Paulin Property proposed for purchase consists of two parcels that were, at one time, combined with a larger 140-acre property the District acquired from the Paulin family in 1988. The previously acquired land became an addition to the La Honda Creek Open Space Preserve, while the Paulin family retained ownership of an 11.5-acre undeveloped"upper" parcel and a 10.4-acre "residential" parcel. DESCRIPTION(m Location Man) The 10.4-acre residential parcel is centrally located in the northern portion of the Preserve, and is entirely surrounded by District land. Canyons lined with redwoods, perennial and seasonal creeks, logging roads,the site of a two-bedroom house and a former hunting cabin best characterize 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 [+ Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz + General Manager:L.Craig Britton R-02-79 Page 2 property. Included are the upper reaches of La Honda Creek flowing easterly along the northern edge of the property toward the southern portion of the preserve, thus making this acquisition a natural addition to the open space preserve. The area is largely forested with second growth redwood,Douglas fir, madrone, bay, and oak. Redwoods are the predominant vegetative type on the residential property and were first logged in the late I 800's. Wildlife is abundant and extremely diverse due to the variety of habitats and year-round water. Existing unsurficed roads passing through the redwoods and along the creeks offer great opportunities for expanding the preserve's trail network to include both loop and regional trail connections. A potential loop trail may originate near the permit parking area on top of the ridge, descend alongside Paulin's upper parcel, pass through the redwoods near the cabin and return to the ridge by climbing up an attractive canyon lying to the southwest of the cabin. A section of this trail may also provide a link in Bay Area Ridge Trail. The residential parcel has been used by members of the Paulin family, both as a summer retreat and year-round residence. A large redwood cabin stands on a hillside above La Honda Creek and is an excellent example of the typical summer hunting cabin used in the foothills during the early 1900's. It is not used on a regular basis. Near the cabin, a family member has permanently occupied a two-bedroom house with his immediate family. The cabin and residence obtain water from a spring located within the preserve and south of the residential parcel. Other improvements on the property include a water tank, water lines and electrical lines that serve the residence and cabin. Access to the property is from Skyline Boulevard along a driveway commonly known as"Weeks Road." A secondary route exits the property and connects to Skyline Boulevard approximately one-quarter mile west of the main entrance. Acquisition of this parcel will significantly reduce management problems and encroachments that are inherent with inholding properties surrounded by District land. The 1 1.5-acre undeveloped upper parcel is located at a higher elevation approximately one-third of a mile southeast of the residential parcel. The parcel is accessible by an unsurfaced road leaving the residential parcel, passing alongside the undeveloped parcel, and continuing south towards Allen Road. La Honda Creek Open Space Preserve surrounds all but the eastern side of the undeveloped parcel. The property is an oak-covered ridge with scattered views of the Santa Clara Valley. The vegetation includes fir and madrone with shrubs more consistent with a dryer ridge top environment. The eastern side of the property abuts two developed lots. If not acquired for open space purposes,this parcel could be developed for residential use. Development would negatively impact the wildlife habitat and the immediate viewshed on the main trail linking the northern and central portions of the preserve. This trail may become part of a popular loop trail providing access to the attractive redwoods and canyons of the lower residential parcel. It may also become a segment of the Bay Area Ridge Trail. USE AND MANAI�w.,'NT PLAN Planning Coiderations The property is located within the unincorporated area of San Mateo County and is zoned Timberland Preserve Zone(TPZ), enabling the development of one residence and possibly one secondary dwelling per lot. The sellers were proposing residential development of the vacant parcel and improvement to the residential parcel. The Paulin property is rated in the District's Open Space Master Plan as having moderate composite open space values and is important in terms of potential recreation,wildlife habitat,watershed, and scenic hillside protection. The District's Regional Open Space Study indicates that there is a desirable R-02-79 Page 3 Bay Area Ridge Trail connection in the vicinity of the property. The District's Planning Department Work Program includes initiating a master-planning process for the La Honda Creek Open Space Preserve that will begin with detailed studies of the natural and cultural resources,which will be used in developing a plan for resource management and public use of the preserve. Some of the key elements in the master plan will be long-range resource management, habitat restoration and enhancement,trail alignments and staging areas.Public participation will be an integral part of the planning process. Stru m Dis osR tion The disposition of structures acquired as part of a land acquisition project are determined in accordance with the Policies Regarding Improvements on District Lands, as amended October 10, 1994. The policy states all improvements existing at the time of acquisition are potential resources and as such will be considered for retention and will be addressed in a site plan. Important considerations in the decision to retain an improvement will be its compatibility with the open space character of the site, its potential financial burden to the District in terms of liability and management, and its proposed use. Improvements are typically considered for retention when it is determined they have the potential to be used for site protection and management, public use, or have architectural or cultural significance. In the case of potential architectural or cultural significance, other agencies, organizations and neighbors will be consulted prior to making a determination. In 1997,the Public Notification Policy was amended to ensure that surrounding neighbors were notified of proposed acquisitions. At that time, staff revised the standard letter of notification to request recipients to share with the District any knowledge of special features or structures on the land proposed to be acquired. In 1999,the Acquisition and Enterprise Committee developed a draft structure determination process that has been used to assist staff in determining recommendations for the disposition of structures on District lands. The process involves an assessment of the existing conditions of a given structure, its historical or cultural significance, past and proposed uses, and the associated costs of each alternative. The process includes a public workshop to ensure that neighbors or interested parties have the opportunity to provide historical information about the structure, and to comment upon the disposition of the structure. A timeline for presenting detailed analysis and recommendation for disposition to the Acquisition and Enterprise Committee shall be included in the Preliminary Use and Management Plan(see recommendation below). Preliminary investigations have indicated the cabin may be culturally significant and the house may have the potential to be utilized for site protection and management. The two potential uses are related in that, if it is determined the cabin should remain as a cultural feature,then retaining the house as a rental, employee or caretaker residence may be necessary, depending on the determination of the habitability, structural integrity and code compliance, in order to protect the integrity of the cabin. Due to the remote location of the cabin, surveillance by an adjacent resident will be very beneficial in reducing the risk of vandalism and potential fire. The structures are generally in fair coalition but the cabin is limited to seasonal use due to insufficient heat. Further assessments are needed to determine the structural integrity, habitability, and code compliance of the utilities for health and safety and will be examined as part of the Master Planning process currently getting underway for the entire preserve. Surrounding ndi Land Uses The undeveloped parcel has neighboring private property with residential development. An unsurfaced road that traverses the undeveloped parcel is adequately distant to obscure the view of the two homes R-02-79 Page 4 such that the veiwshed is not diminished. The La Honda Creek Open Space Preserve surrounds the majority of the undeveloped parcel and the entire lower residential parcel. Existing Encroachments and Recommended Restoration The lawsuit filed against the Sellers by the District is for illegal grading performed on District land adjacent to the lower residential parcel. Similar grading has been performed on the Paulin residential parcel as well. In addition, a small area of hillside on the residential parcel near La Honda Creek is failing and silt is entering La Honda Creek. The grading and hillside failure on the Paulin property are being thoroughly investigated and staff will resolve these issues in a timely manner. District staff ids some degree of restoration will be recommended for the graded areas of the Preserve and the Paulin property as fiuther described on page 6 of this Report. Preliminary Ma and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or the Master Plains,currently y getting underway, is completed. Any proposed changes to land use would be subject to firrther environmental review and public input. One of the sellers will continue to occupy the house on the residential parcel under a license agreement until August 22, 2002. Thereafter,the structures will be secured and retained until their disposition can be determined. The surrounding property will be maintained in its natural condition and managed for open space purposes only. Ultimately, the property will be open for low-intensity public trail use. Public Access: Closed to the public at this time. Barriers: Install gates prohibiting access to the upper undeveloped parcel, and upon the seller vacating the house, and removing personal property, install and maintain gates at all entrances to the lower residential property. Roads: Maintain existing roads as determined to be necessary for patrol.and maintenance and potentially used as trails. I Signs: Install preserve boundary signs and closed area signs-where appropriate. Name: Name the property as an addition to the La Honda Creek Open Space Preserve. Structures: Following the seller vacating the house, and in accordance with the policies and procedures for disposition of structures, staff will complete a detailed analysis of the structures in conjunction with preparing the preserve's Master Plan and return to the Board with a recommendation for disposition. The master planning process is anticipated to be completed within five years. In the interim,the cabin will be segued to prevent vandalism and, if feasible, the house will be utilized as a short-term employee or caretaker residence until a final determination is made. Dedication: Indicate your intention to dedicate the property as public open Site Safety Inspection: Preliminary inspection is complete and site safety measures need to be implemented, including securing a water uptake at La Honda Creek and securing the structures. A comprehensive inspection will be completed within 120 days following the seller vacating the property. R-02-79 Page 5 CEQA COMPL, ANCE Ptiect Descri1W The project consists of the acquisition of a 22-acre property as an addition to the La Honda Creels Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Master Plan for the La Honda Greek Open Space Preserve. An existing house will continue to be occupied by one of the sellers for a period of two months, at which time it may be rented or temporarily used for anemployee or caretaker residence. The house and cabin will be retained until a final disposition can be determined. The graded areas will not have any restoration work performed until an analysis is completed. Any recommended restoration will be presented to the District Board of Directors if and when a restoration project can be described. The surrounding land will be permanently preserved as open space and maintained in a natural condition. G=A Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of lard 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 Preliminary Use and Management Plan specifies that the land will not be developed and will remain in a natural condition. The"upper"parcel is in a natural condition and its acquisition qualifies under this exemption. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the La Honda Creek Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS These parcels were recently listed for sale on the open real estate market at$2,600,000($1,330,000 for the residential parcel and $1,030,000 for the undeveloped upper parcel). The two Paulin parcels total approximately 22 acres and are being acquired at a total purchase price of$2,000,000. (The Sellers, for their internal financial considerations, have directed that in escrow the Purchase Price be allocated at $1,600,000 for the 10.4-acre house parcel, and $400,000 for the 11.5-acre vacant parcel.) The Paulins and the District participated in mediation that resulted in a Settlement Agreement subject to Board approval,thereby resolving litigation involving damage on District property. The Settlement Agreement and Mutual General Release will fully settle and release the Paulins from any claims relating to the dispute. As part of this Agreement,the District will purchase the 22-acre Paulin property. Since R-02-79 Page 6 the property is being acquired on an"as-is"basis, the purchase price of$2,000,000 is considered fair and reasonable in this market area, even considering the repairs and restoration that may need to be done. The District will assume responsibility for potential repair to District land. In addition, repairs may need to be done on the Paulin property to eliminate the risk of erosion from roads and the potential hillside failure. If it is determined that road elimination, stabilization and revegetation must be performed, this repair will return to the.Board for approval as a future agenda item. At this time, no definitive determination has been made as to what the nature and extern,of repair and restoration work on the Preserve or Paulin residential property would be. However, in the event such work were required in the future,preliminary assessment of permitting, repair and revegetation indicates the maximum costs could be$226,000 for the damage to the Preserve, and up to$75,000 for the Paulin property. 1111dget Considerations 2002-2003 Budget for Land Acquisition New Land $25,000,000 New Land Purchased this year (618,000) Paulin Prop erty QQKM Acquisition Budget Remaining" $22 3R?M. Controller M. Foster was consulted on these proposed acquisitions and has indicated that, considering cash flow and account balances, funds are available for this property purchase. RUBLIC NtJTIFICATION Property owners of land located adjacent to or grounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Thomas W. Fisch,Land Protection Specialist Del Woods, Senior Acquisition Phuuier Michael C. Williams, Real Property Representative Contact: Same as above LA HONIA CREEK OPEN SPA* PRESERVE Wun erli ounty ea04 , 6 h rnewoo CM05 0 rlbng _ 1 �$ 11 J j LHO • ke i., I I • 35 Weeks Rd. Alle •r, � No Public —TW02 j. Lookou )�� `— eccess ` p - ' " Residential El Corte de I Keb ; �• Madera Cr -) ° aim Og,ikSpa R� Parcel , _ es rve D 2000 1 — Hq< O e ' •` % � L 03By. 5 Permit �LH `. nl /� Y� �'�'\ Wei owd /� ^m 1600 — 1C ' yn Road" c� _ I \ i i✓i`� = =� m j Upper Parcel � /V► 84 , - +ri o I I id on • � t' a lie pie 0 sident , i� Gee Artists •.� r, ., i •••�, i _. a . (P ST Cons. �sement) CO �� %� it ^� ij1 ✓ ii�� ✓�/ g00 \CD o •. o 1 v Red bar _, n \ ` Pea on's� Pond q i \��.i, ,;J ��••.� ;•'reek iscol LH nch j 9 �• v ��°o j; a ed b ^� .... �yrP P j / �1dg \\ L 7 an dubon I Society 1 �> f�00 1 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 6/02 One Mile Location Map: Proposed Paulin Addition to La Honda Creek Open Space Preserve RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING APPROVAL OF SETTLFNIENT AGREEMENT AND MUTUAL GENERAL RELEASE, APPROVAL OF THE PURCHASE AGREEMENT AND AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANT DEED TO DISTRICT AND QUITCLAIMS TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(LA HONDA CREEK OPEN SPACE PRESERVE-LANDS OF PAULIN) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby approve the Settlement Agreement and Mutual General Release, and the Purchase Agreement between Joan.M. Paulin, Trustee of the Joan M. Paulin 2000 Revocable Trust, Jack Manning Paulin, Andrew Sherwood Paulin,Edward Lee Paulin and the Midpeninsula Regional Open Space District, copies of which are attached hereto and by this reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreements on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute appropriate Certificates of Acceptance for the Deeds on behalf of the District. SgWQn Three. The General Manager is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction and implementation of the Settlement Agreement and Mutual General Release. Section Four. The General Manager of the District is authorized to expend up to$10,000.00 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 fiuther authorized to approve any technical revisions to the attached Agreements and documents which do not involve any material change to any term of the Agreements 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$2,000,000.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. Tyre 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. PURCHASE AGREEMENT This Purchase Agreement (hereafter"Agreement") is made and entered into by and between JOAN M. PAULIN, Trustee of the Joan M. Paulin 2000 Revocable Trust, JACK MANNING PAULIN, ANDREW SHERWOOD PAULIN and EDWARD LEE PAULIN (hereinafter collectively called "Sellers,") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, (hereinafter called "District"). Sellers and District are jointly referred to as the "Parties." RECITALS WHEREAS, Sellers are the owners of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo, California and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, bargain purchase or use of eminent domain for public park, recreation, scenic and open space purposes and; WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Sellers wish to sell and convey the entirety of said property to District and District wishes to purchase said property upon the terms and conditions set forth herein; and WHEREAS, there is now pending litigation between Sellers and District entitled MLdgeninsula Regional Open Space District v. Jack Manning Paulin et al., San Mateo County Superior Case No. 414271(the "Action")which arose out of a dispute concerning Sellers' activities which occurred on adjoining undeveloped properties owned by District known as the La Honda Creek Open Space Preserve; and WHEREAS, the Parties to this litigation have agreed to settle and resolve all past, present, and future disputes regarding the litigation so as to avoid the cost and burden of further litigation; and WHEREAS, a condition of the Parties' Settlement Agreement provides for the purchase of Sellers' property by District. AGREEMENT NOW, THEREFORE, in consideration of the Parties' execution and the District's Board of Director's approval of this Agreement, and in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the Parties hereto agree as follows: Purchase Agreement Page 2 1. Purchase and Sale. Sellers agree to sell to District and District agrees to purchase from Sellers, Sellers' real property located within an unincorporated area of the County of San Mateo, State of California, described as follows: Fee title to all that certain real property, containing approximately 22 acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Numbers 075-330-190 and 075- 330-200. Said property is further described in the legal description attached to Preliminary Report Number 292939 from Old Republic Title Company dated February 19, 2002. A copy of said Preliminary Report is attached hereto as Exhibit A, and incorporated herein by this reference. Said property is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property, appurtenances and other property rights as described hereunder being acquired by District under this Agreement are hereinafter called the "Property." Sellers further agree to quitclaim to District any of Sellers' right, title and interest, if any there be, in District's adjoining real property known as the La Honda Creek Preserve, including but not limited to San Mateo County Assessor's Parcel Numbers 075-330-210, 075- 330-220, and 072-333-030, and referred to hereafter as "the Preserve." 2. Purchase Price. The Total Purchase Price ("Purchase Price") for the Property shall be $2,000,000 (Two Million Dollars) which for purposes of Seller's allocation shall be $1,600,000 for San Mateo County Assessor's Parcel Number 075-330-200 and$400,000 for San Mateo County Assessor's Parcel Number 075-330-190. which shall be paid in cash at the "Closing" as defined in Section 3 hereof. The Purchase Price shall be disbursed to such persons and in such amounts as Sellers shall, by separate escrow instructions, instruct Escrow Holder (defined below)provided Seller's instructions are in accordance with this Agreement, including but not limited to Section 3.G. herein. 3. Escrow. Promptly upon execution of this Agreement, an escrow shall be opened at Old Republic Title Company, 601 Allerton Street, Redwood City, CA 94063 (650) 365-8080 (Escrow number 292939) or other title company acceptable to District and Seller(hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder;provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before June 28,2002, provided however, that the parties may, by written agreement, extend the time for Closing. The term"Closing" as used herein shall be deemed to be the date when Escrow Purchase Agreement Page 3 Holder causes the Grant Deed and Quitclaim Deed (as defined below) to be recorded in the Office of the County Recorder of San Mateo County. B. Sellers and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Sellers shall deposit into the escrow on or before the Closing executed and recordable Grant Deeds conveying to District the Property as described in Exhibit A and in the form set out in Exhibit B hereto, and executed and recordable Quitclaim Deeds releasing any right, title or interest of Sellers, if any there be, in the Preserve, in the form set out in Exhibit C hereto, and Rescission Statements in the form set out in Exhibit D hereto. D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificates of Acceptance for the Grant Deeds and Quitclaim Deeds duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of the Purchase Price. E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Sellers in the manner customary in San Mateo County. All delinquent property taxes and Federal and State.tax liens shall be paid by Sellers. All current property taxes on the Property shall be pro-rated through escrow between District and Sellers as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Sellers shall cause Old Republic Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $2,000,000.00 for'the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) exceptions 5. 6. 7. 8. 9. 10, 11, 12, 13, 14, 15. and 21 as fisted in Preliminary Report Number 292939 dated February 19. 2002 attached hereto as Exhibit A; and(iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole discretion. Sellers shall execute Rescission Statements with respect to title exceptions 18, 19 and 20. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deeds, Quitclaim Deeds and attendant Certificates of Acceptance and Rescission Statements to be recorded in the Office of the County Recorder of San Mateo County, Upon the Closing, Escrow Holder shall cause to be delivered to District the original of Purchase Agreement Page 4 the policy of title insurance required herein, and to Seller Escrow Holder's checks totaling the full Purchase Price of the Property less the sum of$50,000 from Seller Jack Paulin's proceeds ("Impounded Funds") which shall be placed in an Impound Account as described in Section 9.H, herein, and less Sellers' portion of the expenses described in Section 3.E., and to District or Sellers, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. District agrees to provide Sellers at closing with a letter pursuant to Internal Revenue Code Section 1033 dated as of the date of final execution of this Agreement by District stating that this purchase is under threat of condemnation as set out in that Section. 5. Sellers' Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Sellers make the following representations and warranties to District, which shall survive close of escrow and recordation of any Deed, each of which is material and is being relied upon by District. A. Authority. Sellers have the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by Sellers to District now or at the Closing have been or will be duly authorized and executed and delivered by Sellers and are legal, valid, and binding obligations of Sellers sufficient to convey to District the Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Sellers are a party or by which Sellers may be bound. C. Good Title. Sellers have good and marketable title to the Property. Sellers have no actual knowledge of any unrecorded or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than Sellers. There are no unsatisfied mechanics' or materialmen's lien rights on the Property. No assessment lien or bond encumbers the Property, and no governmental authority has undertaken any action that could give rise to an assessment lien affecting the Property. The only hens against the Property known to Sellers are as set forth in the Preliminary Report attached hereto as Exhibit A D. Leases or Occupancy of Property. Sellers warrant that with the exception of the current occupancy of San Mateo County Assessor's Parcel No. 075-330-200 by Jack Paulin and his family and the License granted to Jack Paulin and his family to occupy a portion of the Property pursuant to Section 9 herein, there are no oral or written leases or rental agreements affecting all or any portion of the Property, nor are there persons occupying or entitled to occupy all or any portion of the Property. Further, no right to use, lease, occupy or possess all or any portion of the Property shall be granted,promised, sold, leased or otherwise transferred during the License Term set out in Section 9 herein. Sellers warrant and agree to indemnify, defend and hold District harmless from any and all costs, liability, loss, damage or expense, including costs for Purchase Agreement Page 5 legal services, occasioned by reason of any such lease, rental agreement or occupancy of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Sellers understand and agree that the provisions of this Section shall survive the close of escrow and recordation of any Deeds. 6. District's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, District makes the following representations and warranties to Sellers, which shall survive close of escrow and recordation of any Deed, each of which is material and is being relied upon by Sellers. A. General. District warrants and represents that, as of the execution hereof, this Agreement and the performance of District's obligations under it and all the documents executed by District that are to be delivered to Sellers at Close of Escrow are, and at Closing shall be, duly authorized, executed, and delivered by District, and do not, and at Closing shall not, violate any provisions of any agreement or judicial order to which District is a party or to which District is subject. No consent of any party is required for District to enter into or to perform District's obligations under this Agreement, except as has already been obtained. District possesses the legal power of eminent domain to acquire said property. 7. Disclosure of Property Related Documents. Sellers covenants that, within three (3) days of execution of this Agreement by Sellers, Sellers shall furnish to District the following documents in Sellers' possession or control, or reasonably obtainable from Sellers' attorneys, agents, or consultants: All reports, studies, investigations or inspections regarding the improvements located on the Property and the physical, geologic and environmental condition of the Property including but not limited to: I Pest Control Inspection Reports Lif an,y, 2. Underground Fuel oil tank inspections if any; 3. Property Inspection Reports ifany; 4. Advisory/Disclosure RE Building Permits, Non-Permitted Construction if 5. Sellers' Real Estate Transfer Disclosure Statement; 6. The location, mapping, testing or pen-nitting of the septic Mtem Js), if 7. The location, mapping, inspection, permitting or testing of the well or water system; if any; 8. As built plans, if any, for any improvements, structures, and water system, if any; 9. The location or locations where motor vehicles or motorized equipment have been maintained and where gasoline or oil have been stored on the Property, if any. Purchase Agreement Page 6 If Sellers have actual knowledge of the existence of any of the foregoing types of documents and such documents are not in Sellers' possession or control or reasonably obtainable from Sellers' consultants, attorney's or agents, within 3 days of execution of this Agreement, Sellers shall identify in writing all such documents and provide District with a list of the same. 8. Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Sellers shall not, between the time of Sellers'execution hereof and the close of escrow, cause or allow any physical changes on the Property or the Preserve except for the removal of Sellers'personal property asset out in Section 9 herein, Such prohibited changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. No repair, maintenance or alteration to the Property or any land, vegetation, or improvement thereon may be made without the prior written consent of the District. 9. License. As further consideration for this Agreement, District grants Seller Jack Manning Paulin ("Licensee") a temporary license (hereinafter referred to as the"License")to use and occupy an area of the Property commonly referred to as San Mateo County Assessor's Parcel No. 075-330-200 ("the License Parcel"). The term of the License shall be from the date of Close of Escrow as set out in this Agreement and the termination date shall be August 22, 2002 ("the License Term!'). The conditions of this License shall be as follows: A. The purpose of the License is for the temporary use and occupancy of the License Parcel as the personal residence of Licensee and his immediate family so that Licensee may have additional time after Close of Escrow to remove Licensee's personal property from the Property. Licensee may not use the License Parcel for any other purpose without District's prior written consent, except for social gatherings of the extended family of Sellers. B. Licensee shall strictly adhere to the provisions of Section 8 of the Agreement to insure that Licensee does not cause or allow any physical changes to the License Parcel or to any portion of the Property or the Preserve during the License term, except as expressly provided otherwise in this Agreement. C. This License is nonassignable. Any purported assignment by Licensee without District's written consent shall be void. No legal title or leasehold interest in the License Parcel is created or vested in Licensee by the grant of this License. D. On or before August 22, 2002, Licensee agrees that he and his family will completely vacate and surrender the License Parcel and the Property and shall remove all of Licensee's personal property from the Property. The personal property to be removed by Licensee by August 22, 2002 is identified on Exhibit E, a copy of which is attached hereto and incorporated by this reference. Licensee shall surrender the License Parcel to District in a clean condition. Purchase Agreement Page 7 E. On or before August 22, 2002, the License Parcel shall be surrendered and vacated without tenants or occupants of any kind. F. During the License Term, Licensee may use and occupy only the License Parcel. Licensee may not enter, use or occupy any other portion of the Property or the Preserve. During the License Term, Licensee's right of ingress and egress to the License Parcel is restricted to the"Northside Road" identified as "Easement A"upon Exhibit A to the Complaint filed in the Action, and those roads which pass over the easements formerly held by Sellers identified as Reserved Easements 2, 4, 5 and 6 in that Grant Deed recorded on August 26, 1988 as Document No. 88112785 Official Records, County of San Mateo, California. Licensee may use Easement 3 as an emergency access route in the event the Northside Road or Reserved Easement 2 become impassable and for the purpose of ingress and egress using Licensee's "Military Truck". Licensee may not use former Reserved Easement 1, nor enter Parcel 075-330-190. G. Licensee shall be solely responsible for any and all utilities, repairs, maintenance, and any other costs related to Licensee's use or occupancy of the License Parcel during the License Term and District shall have no obligation or liability therefore. Licensee shall indemnify, defend and hold District harmless from any and all claims, demands, causes of action, damages, costs, and expenses, including reasonable attorneys' fees, ("Claims") in any way arising out of Licensee's acts or omissions under this License or out of Licensee's possession, use or occupancy of the License Parcel, including, without limitation, the removal or remediation of any hazardous waste brought onto the License Parcel by Licensee or his agents, contractors or employees during the term of the License.. The indemnification provisions of this section shall extend to Claims made after the License is terminated as well as while it is in force. H. Impounded Funds. To secure Licensee's performance of the terms and conditions of this License, there shall be established an Escrow Impound Account in the amount of$50,000 as described in Section 3.G. herein. The Parties shall permit escrow to close on the Property pursuant to Section 3 of this Agreement. The Escrow Holder shall establish an impound account containing the sum of$50,000 as described in Section 3.G. of this Agreement (the "Impounded Funds"). Upon Licensee's vacation of the License Parcel by August 22, 2002 in conformity with the terms of the License, District shall deposit with the Escrow Holder a Release Statement signed by District authorizing the release of the Impounded Funds to Licensee. The Escrow Holder shall be directed to pay funds as follows: By check payable to: Jack M. Paulin. On receipt of District's Release Statement and authorization, the escrow holder shall promptly disburse to Licensee Impounded Funds. If, by August 22, 2002, Licensee has failed to vacate the Property in conformity with the License or the Agreement, or has breached the terms of the License, the District shall promptly notify Licensee in writing of any alleged deficiencies in Licensee's removal of personal property during the License period and/or any other alleged breaches of the terms of the License and give Licensee ten days to cure the alleged breaches under the supervision of the District. If at the end of the ten-day period, the District, acting in good faith, is still not satisfied that Licensee has complied with his obligations under the License and under this Agreement, the District shall notify the escrow holder and District may unilaterally authorize the escrow holder to disburse the Impounded Funds to the District. District is Purchase Agreement Page 8 authorized to use that portion of the Impounded Funds to reimburse District for costs incurred by District due to a breach of condition of the License by Seller Licensee to repair any damage caused by Licensee to the License Parcel, Property, or Preserve during the License Term, to institute legal proceedings to recover possession of the License Parcel and/or Property from Licensee should he fail to vacate the License Parcel by August 22, 2002, and to do any and all things District deems reasonably necessary or appropriate to remedy any cost or damage District has suffered as a result of a breach of any term of the License by Licensee. I. Dispute Resolution by Binding Arbitration, In the event the District directs the Escrow Holder to disburse the Impounded Funds to it in accordance with this Section, and a dispute arises between Licensee and District as a result of such disbursal concerning whether District properly ordered the disbursal of and receipt of the Impounded Funds, the parties agree to submit the dispute to final and binding arbitration. The arbitration shall be conducted by the Honorable Read Ambler with the San Jose Office of Judicial Arbitration and Mediation Services (JAMS), or if he is not reasonably available, another JAMS arbitrator who is a former or retired judge of the Superior Court of California. If the parties are unable to agree upon a JAMS arbitrator, one shall be selected for the parties according to the rules of JAMS. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Section 1280 et seq. Each party shall bear its own costs of arbitration. J. No Limitation on Remedies. Nothing herein is intended to nor shall be construed to abrogate, limit or otherwise restrict any other legal or equitable remedy that would otherwise be available to District to require Licensee to perform its obligations under the License or the Sellers to perform their obligations under the Agreement. This Section is not intended to, nor shall be construed to, limit or place a monetary cap upon any other remedies available to District in the event Licensee or Sellers cause injury to the License Parcel, Property or Preserve on or after the date of execution of this Agreement, or breach the Agreement or License. I HAVE READ, UNDERSTOOD AND AGREE TO THE FOREGOING: S7 INITIAL �A Jack Paulin 10. Hazardous Waste. A. Definitions. The term"Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term"Hazardous Waste" also includes without limitation,polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term"Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Purchase Agreement Page 9 Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). B. Rppresentations and Warranties. For the purpose of consummating the sale and purchase of the Property, Sellers make the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) With the exception of the routine use of gasoline and motor oil in motor vehicles maintained and operated on the property by Seller Jack Paulin, in minor amounts, to Sellers' knowledge, the Property does not contain and has not previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled, generated, stored, treated, discharged,present, buried or disposed of on, under or about the Property, or transported to or from the Property, nor have Sellers undertaken,permitted, authorized or suffered any of the foregoing; (ii) Sellers have not received any notice and Sellers have no actual knowledge that any private person or governmental authority or administrative agency or any employee or agent thereof has determined, alleged or commenced or threatened to commence any litigation, or other proceedings, to determine that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste, nor have Sellers received any communication from any such person or governmental agency or authority concerning any such matters. C. Indemnity. Sellers shall indemnify, defend and hold harmless District from and against any and all claims, liabilities losses, damages, and costs incurred or suffered by District, including without limitation, attorney, engineering and other professional or expert fees, to the extent arising from any breach of the warranties or representations contained herein. Notwithstanding the foregoing, with respect to the warranties and representation set out in Section 10 herein, each of the Sellers shall be severally liable to indemnify the District only for its own breach of said representations and warranties, which are themselves severally made on the basis of each Seller's own knowledge. 11. "AS-IS"Purchase and Sale. Closing of escrow for the transaction contemplated herein shall constitute District's representation that it has examined and inspected the Property and knows and is satisfied with the physical condition, quality, and state of repair of the Property in all respects and has determined that the same is acceptable to District "as is", and"with all faults" condition, and further accepts and agrees to bear all risks regarding all physical conditions and/or defects, latent, patent, or otherwise of the Property except as to the representations and the warranties of Sellers contained in this Agreement, and except as to the obligations of Sellers as set out in Section 10 herein. District agrees and acknowledges that, except as set forth in this Agreement, no other representations, statements or warranties, express or implied, including any Purchase Agreement Page 10 warranties of habitability, merchantability, suitability and fitness for intended purpose have at any time been made by Sellers or their agents, as to the physical condition, quality, or state of repair of the Property. 12. Permission for Access for Inspection. For the purpose of conducting an inspection to determine, document and photograph the"as is" condition of the property upon execution of this Agreement by Sellers and to determine the location of existing improvements including the septic and water systems, historic dump site(s) and the location where motor vehicles or motorized equipment have been maintained and where gasoline or off has been stored, District and District's agents, employees and/or consultants(hereafter collectively referred to as "District') may upon giving reasonable advance notice to Sellers, enter upon the property,provided that the District shall give Seller Jack Paulin at least 48 hours' prior notice of each proposed entry by District. For inspection of San Mateo County Assessor's Parcel No. 075-330-190 notice may be provided by telephone notice to Seller Jack Paulin at (650) 851-8 086 (home) and(800) 945-5157 (answering service). For inspection of San Mateo County Assessor's Parcel No. 075-330-200, arrangements shall be made directly with Seller Jack Paulin at the phone numbers listed above for him to be personally present during such inspection or inspections if there are more than one. Sellers agree to cooperate reasonably with District in its inspection of the Property, including any improvements or structures located on the Property. District shall indemnify, hold harmless and defend Sellers from any losses, costs, damages, liabilities and expense caused by District while on Property pursuant to this Permission for Access for Inspection. District's inspection and any study, property document review, or other investigation of the Property shall be at its sole cost. 13. Waiver of Relocation Benefits by Sellers. Sellers understand and agree that they may be entitled to receive certain relocation benefits as the result of their displacement from the Property due to the Agreement under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statues, 246-256 (42 U.S.C. §4601 et seq.) and California Relocation Assistance Act (Government Codes §7260 et seq.) Sellers hereby waive any and all existing and/or future claims or rights Sellers may have to any relocation assistance, benefits, procedures or policies as provided in said laws or regulations adopted thereunder. Sellers have been advised by counsel as to the extent and availability of such benefits, procedures, notice periods, and assistance and freely and knowingly waive such claims, rights and notice periods. 14. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 15. Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the Purchase Agreement Page 11 event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 16. Amendment and Waiver. The Parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party, (H)waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or(iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance. 17. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall constitute neither the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 18. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement, each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Jack Paulin as©) 16998 Skyline Blvd. CA 94062 cc: David Rude, Esq. Clark&Rude, LLP Ten Almaden Blvd., Twelfth Floor San Jose, CA 95113 (408) 971-1099 FAX: (408) 971-1133 Seller: Joan Paulin 1955 Newell Road Purchase Agreement Page 12 Palo Alto, CA 94303 (650) 328-1924 Andrew Paulin 239 Moore Street Santa Cruz, CA (831)427-0260 Edward Paulin 716 Laurel Avenue Menlo Park, CA 94025 (650) 326-9855 cc: Carl McConnell, Esq. Hoge, Fenton, Jones&Appel 60 South Market Street, Suite 1400 San Jose, CA 95113 (408) 287-9501 Fax: (408) 287-2583 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 cc: Jack Krug, Esq. Winters, Krug &Delbon 345 Lorton Avenue, Suite 101 Burlingame, CA 94010 (650) 579-1422 Fax: (650) 579-1852 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail(in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third(3rd)business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. Purchase Agreement Page 13 19. Scverabilit . If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 20. Count arts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 21. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term,provision or condition of this Agreement. 22. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 23. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 24. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 25. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 26. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. Purchase Agreement Page 14 27. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 28. Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction pertaining to any broker, agent, or finder engaged, or alleged to have been engaged,by Sellers. Sellers agree to and do hereby indemnify and hold District harmless from and against any and an costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Sellers in connection with this transaction. 29. Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 30. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. Purchase Agreement Page 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN ` SPACE DISTRICT Jack Manning Paulin APPROVED AS TO FORM: _o Z. Date: Susan M. Schectman, General Counsel Date: 4 z) Jb2- J. M. Paulin RE OM ENDED FOR APPROVAL: Date: L. Craig Britto , General Manager -- - — drew erwood Paulin Date: Date: APPROVED AND ACCEPTED: Deane Little Edward Lee Paulin President, Board of Directors ( - 3 Date: � Date: ATTEST: Sally Thielfoldt District Clerk Date: T ExHiarr OLD REPUBLIC TITLE COMPANY 601 ALLERTON STREET - REDWOOD crry,cA - 94063 (650)365-8060 Fax:(650)365-9524 PRELIMINARY REPORT Run To Date Issued for the sole use of: Our Order No. 292939 MID PENINSULA REGIONAL OPEN SPACE DISTRICT 330 DISTEL CIRCLE Reference LOS ALTOS, California 94022 When Replying Please Contact: Attention: Thomas Fischer Rhonda Watts (650) 365-8080 Property Address: In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies may be set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to jprovide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. if it is desired that liability be assumed prior to the issuance of a policy of tide insurance, a Binder or Commitment should be requested. Dated as of February 19th 12 002 , at 7:30 A.M. OLD REPUBLIC TITLE COMPANY For Exceptions Shown or Referred to,See Attached Page- 1 of 14 Pages OTT 3157-A (Rev. 5/1/00) OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date The form of policy of title insurance contemplated b this report is: P c?' P Y Po a CLTA Standard Coverage (1990) Owner's Policy; AND an ALTA Loan Policy. A specific request should be made if another form or additional coverage is desired. The estate or interest in the land hereinafter described or referred to covered by this Report is: a FEE as to Parcels I & II and an EASEMENT as to Parcel III. Title to said estate or interest at the date hereof is vested in: JOAN M. PAULIN, Trustee of the Joan M. Paulin 2000 Revocable Trust; JACK MANNING PAULIN, a married man as his sole and separate property; ANDREW SHERWOOD PAULIN, an unmarried man and EDWARD LEE PAULIN, an unmarried man, as Tenants in Common, as to Parcel I; JACK MANNING PAULIN, a married man as his sole and separate property; ANDREW SHERWOOD PAULIN, an unmarried man and EDWARD LEE PAULIN, an unmarried man as Tenants in Common, as to Parcel II; and JOAN M. PAULIN, Trustee of the Joan M. Paulin 2000 Revocable Trust; JACK MANNING PAULIN, a married man as his sole and separate property; ANDREW SHERWOOD PAULIN, an unmarried man and EDWARD LEE PAULIN, an unmarried man, as Tenants in Common, as their interests may appear, as to Parcel III Page 2 of 14 Pages ORT 3157-Al (Rev 1-1-95) OLD REPUBLIC TrrLE COMPANY ORDER NO. 292939 Run To Date The land referred to in this Report is situated in the County of San Mateo , in the unincorporated area., State of California, and is described as follows: PARCEL I: A portion of Parcel 2 as shown on that certain map entitled, "PARCEL MAP OF A RESUBDIVISION OF A PTN. SEC'S 22, 26, 27, IN T. 6 S. , R. R W. , M.D.B. & M. ALSO BEING A PTN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY, CALIFORNIA" filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 and 24, more particularly described as follows: BEGINNING at a point marked by a nail & tag L.S.4840 in the approximate center of a bridge, which said point bears South 530 141 31" West 1020.35 feet from a 411 x 411 post marking the Northeast corner of said Parcel 2, as said 41, x 4" post is shown marking the Northwest corner of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 & 43 filed in the office of the County Recorder of San Mateo County, State of California on June 13, 1978; thence from said point of beginning South 90 581 4511 East 194.07 feet; thence South 720 10, 3211 West 336.05 feet to a 3/411 iron pipe monument tagged L.S. 4840; thence North 84* 36' 1811 West 556.39 feet a 3/411 iron pipe monument tagged L.S 4840; thence North 331, 371 4011 West 159.55 feet to a 3/411 iron pipe monument set in a fir stump; thence North 500 421 0111 West 237.80 feet to a point in the approximate center of a small creek bed, from which a 3/411 iron pipe monument tagged L.S. 4840 bears North 500 421 0111 West 10 -00 feet; thence down said small creek bed North 38* 521 1211 East 49.41 feet to the intersection of same with La Honda Creek; thence down the approximate centerline of La Honda Creek; thence down the approximate centerline of La Honda Creek North 800 501 3011 East 73 .39 feet; thence North 720 511 0111 East 97 .03 feet; thence South 660 161 1511 East 59.93 feet; thence North 240 141 29" East 62.66 feet; thence North 640 241 5511 East 213 .93 feet; thence South 500 561 2511 East 54.54 feet; thence North 650 281 03" East 67.92 feet; thence North 820 411 0211 East 127.89 feet; thence South 710 531 0311 East 111.91 feet; thence North 780 471 2011 East 187.35 feet; thence leaving said creek South 410 071 29" East 85.50 feet to a 11PK1' nail & tag L.S. 4840 set in a large boulder; thence South 180 431 2711 East 204.09 feet to the point of beginning. PARCEL II: A portion of Parcel 2 as shown on that certain map entitled, "PARCEL MAP OF A RESUBDIVISION OF A PTN, SEC'S 22, 26, 27, IN T. 6S. , R.4W. , M.D.B. & M. ALSO BEING A PTN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY, CALIFORNIA" filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 and 24, more particularly described as follows: BEGINNING at a found 3/411 iron pipe monument and, thus,tagged L.S. 4840 which said iron pipe is shown on the above mentioned map (44 P.M. 23) marking the Southeast corner of said Parcel 2; thence from said point of beginning along the Southerly line of said Parcel 2 South 890 471 1111 West 565.59 feet to a 3/411 iron pipe monument tagged L.S. 4840 on the Easterly edge of a existing road; thence along the Easterly, Northeasterly and Southeasterly edge of said road IL Page 3 of 14 Pages ORT 3157-C OLD REPUBLIC TTPLE COMPANY ORDER NO. 292939 Run To Date North 190 37' 15" East 71.28 feet; thence North 5° 07' 25" West 16.65 feet; thence North 330 45' 25" West 57.59 feet; thence North 770 36' 38" West 90.88 feet; thence North 480 38 ' 19" West 35.63 feet; thence North 340 51' 15" West 26.69 feet; thence North 40 48' 15" West 71.15 feet; thence North 210 02, 03" East 62.39 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along said edge of road North 380 01' 56" East 41.53 feet; thence North 14° 03, 29" East 58.01 feet; thence North 360 47' 10" East 113 .55 feet; thence North 180 02 ' 35" East 92.53 feet; thence North 450 01' 34" East 47.28 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence crossing said road North 260 24, 26" West 21.10 feet to a 3/4" iron pipe monument tagged L.S. 4840 on the Northwest side of said existing road; thence along the Northerly, Northeasterly, Northwesterly and Westerly side of said road North 820 09' 34" East 36.53 feet; thence South 620 01' 35" East 58.09 feet; thence South 730 53' 02" East 52.88 feet; thence North 550 29' 04" East 134.26 feet; thence North 750 17' 54" East 51-.99 feet; thence North 560 53' 52" East 40.44 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along said edge of road North 160 33 , 52" East 41.28 feet; thence North 210 24 ' 26" West 109.28 feet; thence North 10° 36, 28" East 75.58 feet; thence North 100 39' 16" West 137.98 feet; thence North 170 53' 56" East 83.07 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along the edge of said road South 760 06' 49" East 66.21 feet; thence South 630 51' 08" East 97.17 feet; thence along said Easterly line South 370 58' 39" East 97.70 feet to the Easterly line of said Parcel 2; thence South 00° 04' 55" West 1012.72 feet to the point of beginning. PARCEL III: TOGETHER WITH all those certain easements designated "RESERVED EASEMENTS", and numbered 1 to 6 in that certain Deed to The Mid-Peninsula Regional Open Space District as recorded August 26, 1988 as Document No. 88112785 official Records, County of San Mateo. A.P.N. 075-330-190 J.P.N. 75-33-330-01.01 075-330-200 75-33-330-01.02 73-33-330-03 .02 Page 4 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. Taxes and assessments, general and special, for the fiscal year 2002-2003 a lien, but not yet due or payable. 2. Taxes and assessments, general and special, for the fiscal year 2001-2002, as , follows: Assessor's Parcel No. 075-330-190 Code NO. 70-010 1st Installment $ 55.39 Marked Paid 2nd Installment $ 55.39 NOT Marked Paid Land $ 621.00 Imp. Value $ 0.00 P.P. Value $ 0.00 Exemption $ 0.00 3. Taxes and assessments, general and special, for the fiscal year 2001-2002 as follows: Assessor's Parcel No. 075-330-200 Code No. 70-010 1st Installment $ 62.28 Delinquent Penalty $ 6.22 2nd Installment $ 62.28 NOT marked Paid Land $ 1,090.00 Imp. Value $ 0.00 P.P. Value $ 0.00 Exemption $ 0.00 4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of i Section 75, et seq. , of the Revenue and Taxation Code of the State of California. 5. Any easement for water course over that portion of said land lying within the banks'of any creek or stream traversing the herein described property and any changes in the boundary lines of said land that have occurred or may hereafter occur from natural causes. 6. Any rights in favor of the public which may exist on said land if said land or portions thereof are or were at any time used by the public. 7. Easement for road purposes over any public or private road. Page 5 of 14 Pages ORT 3157-D OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date S. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Pacific Gas and Electric Company, a corporation For single line of poles for transmission and distribution of electricity Dated August 27th, 1936 Recorded September 19th, 1936 in Book 712 of Official cords, Page 116 'the West '1/2' of the Northwest 1/4 of Section 2 of Parcel III 9. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Pacific Gas and Electric Company, a Calif. corp. For single line of poles and wires running in a North-South direction within that portion of Section 26 herein described Dated April 4th, 1944 Recorded April 17th, 1944 in Book 1113 of Official Records, Page, 219 Affects Parcel III 10. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Pacific Gas and Electric Company, a California corporation and The Pacific Telephone and Telegraph Company, a California corporation For the right from time to time to construct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within a strip or parcel of land or along a route as hereinafter set forth, and' also ingress thereto and egress therefrom, over and across the lands Recorded April 11th, 1978 in Book 7733 of Official Records, Page 972 Affects Parcel III Note: as set forth on the herein described map which recites as follows: (Parcel 2 being the East 1/2 of the N.E. 1/4 of Sec. 27 and the West 1/2 of the Northwesterly 1/4 of Sec. 26 T6S. R4W, M.D.B. & M. a remainder not surveyed by this map) . Page 6 of 14 Pages ORT 3157-E OLD REPUBLIC ITME COMPANY ORDER NO. 292939 Run To Date 11. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Lloyd J. Allen, a married man, an undivided 61360 interest; Nancy H. Allen, a single woman an undivided 8/360 interest; Margot Allen Hudson, an unmarried woman, an undivided 8/360 interest and Sally Allen Edmondson, a married woman, an undivided 8/360 interest For ingress and egress and public utilities Dated November 29th, 1978 Recorded December 13th, 1978 in Book 7806 of official Records, Page 1051 Affects a SO foot wide strip of land in the Northwesterly portion of the herein described land of Parcel III Said easement is also shown on the herein described Parcel map as being appurtenant to Parcel 1 Of said Map. 12. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Deed Reserved by: Lloyd J. Allen, a married man dealing with his separate property For ingress and egress, public utilities and all common roadway purposes over, under, along and within a strip of land 50 feet wide delineated on the above mentioned map as "Proposed 50' Easement to benefit Parcel ill and having bearings and distances along its center line designated 22 to 28 inclusive on said above mentioned map. Said easement is reserved for the benefit of Parcel 1 of said map or any portions thereof Dated December 4th, 1978 Recorded December 13th, 1978 in Book 7806 of official Records, Page 1059 Affects Parcel III 13 . An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Deed Reserved by: Sally Allen Edmondson also known as Sally Edmondson, a married woman, dealing with her separate property For ingress and egress, public utilities and all common roadway purposes over, under, along and within a strip of land 50 feet wide delineated on the above mentioned map as "Proposed 501 Easement to benefit Parcel 11' and having bearings and distances along its center line designated 22 to 28 inclusive on said above mentioned map. Said easement is reserved for the benefit of Parcel 1 of said map or any portions thereof Dated December 1st, 1978 Recorded December 13th, 1978 in Book 7806 of official Records, Page 1061 Affects Parcel III Page 7 of 14 Pages ORT 3157-E OLD REPUBLIC TffLE COMPANY ORDER NO. 292939 Run To Date 14. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Deed Reserved by: Margot Allen Hudson also known as Margo B. Hudson, an unmarried woman For ingrss and egress, public utilities and all common roadway purposes over, under, along and within a strip of land So feet wide delineated on the above mentioned map as "Proposed 501 Easement to benefit Parcel ill and having bearings and distances along its center line designated 22 to 28 inclusive on said above mentioned map. Said Easement is reserved for the benefit of Parcel 1 of said map of any portions thereof Dated December 6th, 1978 Recorded December 13th, 1978 in Book 7806 of official Records, Page 1063 Affects Parcel III 15. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Deed Reserved by: Nancy Allen also known as Nancy H. Allen, a single woman For ingress and egress, public utilities and all common roadway purposes over, under, along and within a strip of land 50 feet wide delineated on the above mentioned map as "Proposed 501 Easement to benefit Parcel ill and having bearings and distances along its center line designated 22 to 28 inclusive on said above mentioned map. Said easement is reserved for the benefit of Parcle 1 of said map or any portions thereof Dated November 29th, 1978 Recorded December 13th, 1978 in Book 7806 of official Records, Page 1065 Affects Parcel III 16. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Calvin Y. Dyer and Dora F. Dyer, husband and wife, in Joint Tenancy For ingress, egress, and utilities fifty (50) feet in width, the center line of which shall be the center line of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) Dated August 25th, 1982 Recorded August 25th, 1982 in Official Records, under Recorder's Serial Number 82072762 Affects Parcels II and III Page 8 of 14 Pages OPT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO, 292939 Run To Date 17. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Deed Granted to : Calvin Y. Dyer and Dora F. Dyer, husband and wife, in Joint Tenancy For ingress, egress, and utilities fifty (50) feet in. width, the center line of which shall be the center line of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) Dated August 22nd, 1982 Recorded August 27th, 1982 in Official Records, under Recorder's Serial Number 82073811 Affects Parcels II and III 18. CONDITIONS contained in Deed: From: Joan M. Paulin, Jack Manning Paulin, Andrew Sherwood Paulin, Edward Lee Paulin To: MidPeninsula Regional Open Space District, a public district Dated: August 24, 1988 Recorded: August 26, 1988 in Official Records, under Recorder's Serial Number 88112785 19. Matters as contained or referred to in an instrument Entitled Declaration of Restrictions and Grant of Right of First Refusal Executed by: Joan M. Paulin, Jack Manning Paulin, Andrew Sherwood Paulin and Edward Lee Paulin And Between: MidPeninsula Regional Open Space District, a public district Dated August 24th, 1988 Recorded August 26th, 1988 in Official Records under Recorder's Serial Number 8811279,E 20. Matters as contained or referred to in an instrument Entitled Declaration of Restrictions and Grant of Right of First Refusal Executed by: Joan M. Paulin, Jack Manning Paulin, Andrew Sherwood Paulin and Edward Lee Paulin i And Between. MidPeninsula Regional Open Space District, a public district Dated August 24th, 1988 Recorded August 26th, 1988 in Official Records under Recorder's Serial 2 Number .8$112791 �I . Page 9 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 21. Matters as contained or referred to in an instrument, Entitled Decree, In the Matter of the Determinations of the Rights of the Various Claimants to the Water of San Gregorio Creek Stream System in San Mateo County, Superior Court Case No. 355792 Recorded : February 18th, 1993 in Official Records, under Recorder's Serial Number 93026619 Order Correcting Decree recorded April 6th, 1993 in Official Records, under Recorder's Serial Number 93053614 and Order Modifying Decree recorded June 10th, 1993 in Official Records, under Recorder's Serial Number 93095377. Which among other things provides: Rights to water, its use, electric meters, access to watermaster, transfer procedures, costs, description of places of use, location of points of diversion (pipelines, pumps, reservoirs, stockponds, springs, lakes, wells, etc.) , allotments, etc. Whether as a benefit or a burden to said land, no insurance is undertaken hereby as to said matters. To obtain information on such matters please contact: Barbara Katz, Esq. State Water Resources Control Board 901 P Street Sacramento, CA 95814 (916) 657-2097 22 . Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $240, 000.00 Trustor/Borrower Joan M. Paulin, an unmarried woman, Jack Manning Paulin, a married man, as his sole and separate property, Andrew Sherwood Paulin, an unmarried man and Edward Lee Paulin, an unmarried man Trustee California Reconveyance Company, a California corporation Beneficiary/Lender Great Western Bank, A Federal Savings Bank Dated May 1st, 1989 Recorded May 12th, 1989 in Official Records under Recorder's Serial Number 89061064 Loan No. 0-840533-6 Returned to Address: P.O. Box 1900, Northridge, CA 91328 Affects Parcel I and Portion of Parcel III. i i Page 10 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 23 . Abstract of Judgment for the amount herein stated and any other amounts due, Creditor County Credit Control Company Debtor Jack Paulin Entered November 9th, 1992 Court San Mateo County Municipal Court, Central Branch Case No. C 118589 Amount : $ 8,409.30 Dated . December 9th, 1992 Recorded January 15th, 1993 in Official Records, under Recorder's Serial Number 93007331 Creditor's Return Address & Phone: c/o Ernest H. Goldsmith, (SBN 40479) , Law Offices of Ernest H. Goldsmith, 899 Ellis Street, San Francisco, CA 94109, (415) 441-4044 24. Notice of Federal Tax Lien as follows: District San Francisco, CA Serial No. 949611810 Name of Taxpayer Jack Paulin Residence 16998 Skyline Boulevard, Woodside, CA 94062-4421 Identifying Number 573-17-0680 Amount $35,743 .94 Dated July 27th, 1996 Recorded August 5th, 1996 in Official Records under Recorder's Serial Number 96-095531 Place of Filing County Recorder, San Mateo County, Redwood City, CA 94063 Notice Prepared by Manager, 94-01-0000 At San Francisco, CA 25. Notice of Federal Tax Lien as follows: District Northern California Serial No. 949617035 Name of Taxpayer Jack M. & Janna M. Paulin Residence 16998 Skyline Boulevard, Woodside, CA 94062-4421 Identifying Number 573-17-0680 Amount : $2, 947.47 Dated October 22nd, 1996 Recorded . October 28th, 1996 in Official Records under Recorder's Serial Number 96-133126 Place of Filing County Recorder, San Mateo County, Redwood City, CA 94063 Notice Prepared by Manager, 94-01-0000 At San Francisco, CA Page 11 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 26. Action as follows: Plaintiff Joan M. Paulin, an individual; Edward Lee Paulin, an individual; and Andrew Sherwood Paulin, an individual Defendant Jack Manning Paulin, County Credit Control Company, State of California Franchise Tax Board, and all persons and entities unknown claiming any interest in the property, named as Does 1 through 100, inclusive Court Superior Court of the State of California, County of San Mateo Case No. 401712 Commenced August 18th, 1997 Purpose the above action alleges a real property claim As Disclosed by or Notice of Which is Recorded March 5th, 1998 in Official Records, under Recorder's Serial Number 98-029167 Attorney Law Offices of W. Patrick Kelley, W. Patrick Kelley, Sr. , Esq. , (Bar #: 104581) 525 University Avenue, Suite 702, Palo Alto, CA 94301 27. Notice of State Tax Lien as follows: Filed With County of San Mateo Certificate No. 99203-001384 Name of Taxpayer Jack Paulin FTB Account No. 573170680 Social Security No. : 573-17-0680 Last Known Address 16998 Skyline Blvd. , Woodside, CA 94062-4421 Amount $1,290.03 Dated July 22nd, 1999 Recorded August 3rd, 1999 in official Records under Recorder's Serial Number 1999-131722 Collection Section Lien Desk, P.O. Box 2952, Sacramento, CA 95812-2952 Telephone No. : (916) 845-4350 Page 12 of 14—Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 28. Terms and conditions contained in the Joan M. Paulin 2000 Revocable Trust as disclosed by Grant Deed, recorded November 21st, 2000 in official Records, under Recorder's Serial Number 2000-146312. NOTE: The requirement that either: a. a Certification of Trust be furnished in accordance with Probate Code Section 18100.5; or b. a complete copy of the trust instrument(s) , together with a statement that the trust has not been revoked or otherwise terminated, be furnished for this company's review. The Company reserves the right to make additional exceptions and/or requirements upon review of either of the above. 29. Any interest of the spouse of the Vestee(s) herein and the requirement that said spouse either "quitclaim" or "Join" in the execution of any and all documents affecting said land. NOTE: If quitclaiming, it is recommended that the following estoppel language be included- ,,It is the express intent of the grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor, community or otherwise, in and to the herein described property to the grantee as his/her sole and separate property. " -------------------- Informational Notes -------------------- 1. Taxes and assessments, general and special, for the fiscal year 2000-2001 as follows: Assessor's Parcel No. 075-330-190 Code No. 70-010 1st Installment $ 54.72 Marked Paid 2nd Installment $ 54.72 Marked Paid Land $ 632-00 Imp. Value $ 0.00 P.P. Value $ 0.00 Exemption $ 0.00 Page 13 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 2. Taxes and assessments, general and special, for the fiscal year 2000-2001 as follows: Assessor's Parcel No. 075-330-200 Code No. 70-010 1st Installment $ 55.87 Marked Paid 2nd Installment $ 55.87 Marked Paid Land $ 1,107.00 Imp. Value $ 0.00 P.P. Value $ 0.00 Exemption $ 1,107.00 3. NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of two years prior to the date hereof except as follows: A Grant Deed executed by Joan M. Paulin to Joan M. Paulin, Trustee of the Joan M. Paulin 2000 Revocable Trust, recorded November 21st, 2000 in official Records, under Recorder's Serial Number 2000-146312 4. Information shown by the public records and/or The San Mateo County Tax Rolls indicates the mailing address of the vestee(s) herein to be: 716 Laurel Avenue, Menlo Park, CA 94025. FT/je CC: 3 MID PENINSULA REGIONAL OPEN SPACE DISTRICT, 330 DISTEL CIRCLE, LOS ALTOS, CA 94022, Attn: Thomas Fischer Page 14 of 14 Pages ORT 31 57-E EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(1998) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental policy power,and the existence or violation of any law or government regulation. This includes ordinances,laws and regulations concerning: a. building b. zoning C. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning k unless: a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on you if You bought the land without Knowing of the taking. 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; C. that result in no loss to You;or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24,or 25. S. Failure to pay value for Your Tide. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY(I"M EXCLUSIONS The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building or zoning laws, ordinances or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy, use, or enjoyment of the land;(ill the character, dimensions or location of any improvement now or hereafter erected on the land; (ill)a separation in ownership or a change in the dimensions of or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,Suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy. W resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date Of Policy; (e) or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. S. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws, EXCEPTIONS In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not Shawn by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. ORT 3157-J (Continued on next Page) EXHIBIT A(Continued) 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,ciaims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(1992) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to(i)the occupancy, use,or enjoyment of the land;00 the character,dimensions or location of any improvement now or hereafter erected on the land;(III)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or N)environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no toss or damage to the insured claimant;(d)attaching or creating subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(1987) EXCLUSIONS In addition to the exceptions in Schedule 8,you are not insured against loss,costs,attorney's fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: a notice of exercising the right appears in the public records on the Policy Date. the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: that are created,allowed,or agreed to by you that are known to you,but not to us,on the Policy Date-unless they appear in the Public Records. that result in no loss to you that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks. 4. Failure to pay value for your title. S. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets,alleys,or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. ORT 3157-K (Continued on next page) EXHIBIT A(Continued) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(11987)WITH REGIONAL EXCEPTIONS EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Govermental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations of the enforcement of these matters which appear in the public records at Policy Date, This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Tide Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the night appears in the public records on the Policy Date. the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: that are created,allowed,or agreed to by.you that are known to you, but not to us,on the Policy Date-unless they appear in the public records. that result in no loss to you that first affect your tide after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Tide Risks. 4. Failure to pay value for your title. 5. Lack of a right: r to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets,alleys,or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Tide Risks. REGIONAL EXCEPTIONS In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry of parties in possession of the land. 2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of Covered Tide Risks. 3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the affirmative coverage in Item 12 of Covered Tide Risks. 4. W Any water rights or claims or tide to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions in patents or in acts authorizing the issuance thereof. ORT 3157-L r 22 23 s 2T: 26 BL VQ• 1 � ..�� � '? µ�S ��tat• � yi.4%445/ a� ° r = c39 .aS O � n { e ra � y ; '•sr t ., ,5 � ' -� � tea, *+•n• a c n x i a 0 a►tT" .n.a• ©�.I . Y - —hT�' '�./a• N 1Lf'`'_.—_—_�� -�azs' icy.99' /r ET ID L _ N Cf _az r ia0' ^� � m � 4p (' =:F PARCEL AMP VAC 37115-16 N Z� PARCH MAP VOL 4412-24 PAA'CEL MAP VOL Sa�62 (JJ ! a EL $ A PARCEL MAP M. 4e�1 a PARCEL NAP VOL 55116 _ 4 °r Order. MS-00000292939 Descrintion: 75.33 Pape i of 1 Comment: EXHloff WHEN RECORDED MAIL TOE Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: M. Williams DULY RECORDED WITHOUT FEE NO TRANSFER TAX DUE Pursuant to Government Code PUBLIC AGENCY ACQUIRING TITLE, GRANT DEED Sections 6103, 27383. CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 . BY: For a Valuable Consideration, JOAN M. PAULIN, Trustee of the Joan M. Paulin 2000 Revocable Trust, JACK MANNING PAULIN, ANDREW SHERWOOD PAULIN and EDWARD LEE PAULIN Hereby GRANT to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code The following described real property in the unincorporated area in the County of San Mateo_, State of California: Being more particularly described in Exhibit "I" as attached hereto and incorporated by this reference. A.P.N.: 075-330-190, 075-330-200 COUNTY OF On before me, Joan M. Paulin, Trustee of the Joan M. Paulin Personally appeared 2000 Revocable Trust ❑personally known to me-OR-0 proved to me on the basis of satisfactory evidence STATE OF CALIFORNIA to be the person(s)whose names) Jack Manning Pa u I i n istare subscribed to the within instrument and acknowledged to me that hekhehhey executed the same in his/her/their authorized capacityties), and that by hient heir signatures) Andrew Sherwood Paulin onthe instrument the penonLs),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Edward Lee Paulin Exhibit I PARCEL I: A portion of Parcel 2 as shown on that certain map entitled, "PARCEL MAP OF A RESUBDIVISION OF A PTN. SECS 22, 26, 27, IN T. 6 S., R. R W., M.D.B. & M. ALSO BEING A PTN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY, CALIFORNIA" filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 and 24, more particularly described as follows: BEGINNING at a point marked by a nail & tag L.S.4840 in the approximate center of a bridge, which said point bears South 530 14' 31" West 1020.35 feet from a 4" x 4" post marking the Northeast comer of said Parcel 2, as said 4" x 4" post is shown marking the Northwest comer of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 &43 filed in the office of the County Recorder of San Mateo County, State of California on June 13, 1978; thence from said point of beginning South 9' 58' 45" East 194.07 feet; thence South 720 10' 32" West 336.05 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence North 840 36' 18" West 556.39 feet a 3/4" iron pipe monument tagged L.S 4840; thence North 330 37' 40" West 159.55 feet to a 3/4" iron pipe monument set in a fir stump; thence North 500 42' 01" West 237.80 feet to a point in the approximate center of a small creek bed, from which a 3/4" iron pipe monument tagged L.S. 4840 bears North 50" 42' 01" West 10.00 feet; thence down said small creek bed North 38052' 12" East 49.41 feet to the intersection of same with La Honda Creek; thence down the approximate centerline of La Honda Creek; thence down the approximate centerline of La Honda Creek North 800 50' 30" East 73.39 feet; thence North 720 5 V 0 1" East 97.03 feet; thence South 660 16' 15" East 59.9'3 feet; thence North 240 14' 29" East 62.66 feet; thence North 640 24' 55" East 213.93 feet; thence South 50" 56' 25" East 54.54 feet; thence North 650 28' 03" East 67.92 feet; thence North 820 41' 02" East 127.89 feet; thence South 71 0 53' 03" East 111.91 feet; thence North 78' 47' 20" East 187.35 feet; thence leaving said creek South 410 07' 29" East 85.50 feet to a "PK" nail & tag L.S. 4840 set in a large boulder; thence South 180 43' 27" East 204.09 feet to the point of beginning. PARCEL II: A portion of Parcel 2 as shown on that certain map entitled, "PARCEL MAP OF A RESUBDIVISION OF A PTN, SEC'S 22, 26, 27, IN T. 6S., RAW., M.D.B. & M. ALSO BEING A PTN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY, CALIFORNIA" filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 and 24, more particularly described as follows: BEGINNING at a found 3/4" iron pipe monument and, thus, tagged L.S. 4840 which said iron pipe is shown on the above mentioned map (44 P.M. 23) marking the Southeast corner of said Parcel 2; thence from said point of beginning along the Southerly line of said Parcel 2 South 89* 47' 11" West 565.59 feet to a 3/4" iron pipe monument tagged L.S. 4840 on the Easterly edge of a existing road; thence along the Easterly, Northeasterly and Southeasterly edge of said road North 190 37' 15" East 71.28 feet• thence North 50 07' 25' West 16.65 feet; thence North 33 0 45' 25" West 57.59 feet; thence North 770 36' 38" West 90.88 feet; thence North 480 38' 19" West 35.63 feet; thence North 340 51' 15" West 26.69 feet; thence North 40 48' 15" West 71.15 feet; thence North 21* 02' 03" East 62.39 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along said edge of road North 380 01' 56" East 41.53 feet; thence North 14' 03' 29" East 58.01 feet; thence North 36'0 471 10" East 113.55 feet; thence North 180 02' 35" East 92.53 feet; thence North 450 01' 34" East 47.28 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence crossing said road North 260 24' 26" West 21.10 feet to a 3/4" iron pipe monument tagged L.S. 4840 on the Northwest side of said existing road; thence along the Northerly, Northeasterly, Northwesterly and Westerly side of said road North 820 09' 34" East 36.53 feet; thence South 62' 01' 35" East 58.09 feet; thence South 730 53' 02" East 52.88 feet; thence North 55' 29- 04" East 134.26 feet; thence North 750 17' 54" East 51-99 feet; thence North 560 53' 52" East 40.44 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along said edge of road North 160 33' 52" East 41.28 feet; thence North 210 24, 26' West 109.28 feet; thence North 100 36' 28" East 75.58 feet; thence North 10 39' 16" West 137.98 feet; thence North 170 53' 56' East 83.07 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along the edge of said road South 760 06' 49" East 66.21 feet; thence South 630 51- 08" East 97.17 feet; thence along said Easterly line South 370 58' 39" East 97.70 feet to the Easterly line of said Parcel 2; thence South 000 04' 55" West 1012.72 feet to the point of beginning. PARCEL III: TOGETHER WITH all those certain easements designated "RESERVED EASEMENTS", and numbered I to 6 in that certain Deed to The Midpeninsula Regional Open Space District as recorded August 26, 1988 as Document No. 88112785 official Records, County of San Mateo. A.P.N. 075-330-190 075-330-200 tr EJCNIOrr WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: M. Williams DULY RECORDED WITHOUT FEE Pursuant to Government Code NO TRANSFER TAX DUE QUITCLAIM DEED Sections 6103, 27383. PUBLIC AGENCY ACQUIRING TITLE, CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 By. JOAN M. PAULIN, JACK MANNING PAULIN, ANDREW SHERWOOD PAULIN, and EDWARD LEE PAULIN, do Hereby REMISE, RELEASE AND FOREVER QUITCLAIM to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district formed pursuant to Article 3, of Chapter 3 of Division 5 of the California Public Resources Code Any right, title or interest in that certain "EXHIBIT II" in those certain Deeds to the Midpeninsula Regiona Open Space District as recorded August 26, 1988 as Document No. 881 12785 Official Records, as recorded December 29, 1987 as Document No. 87193644 Official Records, as recorded August 9,1990 as Document No. 90106457 Official Records, County of San Mateo. APN: 075-330-210 075-330-220 072-333-030 COUNTY OF By: On before me, Joan M. Paulin Personally appeared By: Jack Manning Paulin ❑personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the personts)whose name(s) Ware subscribed to the within STATE OF CALIFORNIA instrumeat and acknowledged to me By: that hetshehhey executed the same Andrew Sherwood Paulin in hhuherttheir authorized capacityties), and that by Mather/their signatureis) on the instrument the personts),or the entity upon behalf of which the By: permnls)acted,executed the instrument. Edward Lee Paulin WITNESS my hand and official seal. {,.n .=BIT PARCEL "A" i ---------- Parcel 2 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVION OF A PTN. SEC 'S, 22, 26 & 27, IN T. 6 S. , R. 4 W. , M.D.B.& M. ALSO BEING A PTN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY CALIFORNIA" ,.filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 & 24. (a) EXCEPTING THEREFROM a portion of said Parcel 2 more particularly described as follows: Beginning at a point marked by a nail & tag L.S . 4840 in the approximate center of a bridge, which said point bears South 530 14 ' 31" West 1020.35 feet from a 4"x4" post marking the northeast corner of said Parcel 2, as said 4"x4" post is shown marking the northwest corner of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 & 43 filed in the office of the County Recorder of San Mateo County, State of California on June 13, 1978; thence from said point of beginning South 90 58' 45" East 194.07 feet; thence South 720 10 ' 32" West 336 .05 feet to a 3/4" iron pipe monument tagged L.S.4840; thence North 840 36 ' 18" West 556.39 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence North 33. 37' 40" West 159.55 feet to a 3/4" iron pipe monument set in a 36" fir stump; thence North 500 42 ' 01" West 237. 80 feet to a point in the approximate center of a small creek bed, from which a 3/4" iron pipe monument tagged L.S.4840 bears North 500 42 ' 01" West 10.00 feet; thence down said small creek bed North 380 52' ; 12" East 49.41 feet to the intersection of same with La Honda Creek; thence down the approximate centerline of La Honda Creek North 800 50 ' 30" East 73 .39 feet; thence North 720 511 01" East 97.03 feet; thence South 660 16' 15" East 59.93 feet; thence North 240 14 ' 29" East 62 .66 feet; thence North 640 24 ' 55" East 213.93 feet; thence South 500 56 ' 25" East 54 .54 feet; thence North 6510 28 ' 03" East 67.92 feet; thence North 820 41 ' 02" East 127.89 feet; thence South 710 53 ' 03" East 111.91 feet; thence North 78° 47' 20" East 187.35 feet; thence leaving said creek South 410 07' 29" East 85 .50 feet to a "PK" nail & tag L.S.4840 set in a large boulder; thence South 180 43 ' 27" East 204.09 feet to the point of beginning. Said parcel containing 10.413 +/- acres of land and hereinafter referred to as Parcel (a) Exception. (b)ALSO EXCEPTING THEREFROM a portion of said Parcel 2 more particularly described as follows: Beginning at a found 3/4" iron pipe monument and, thus, tagged L.S.4840 which said iron pipe is shown on the above mentioned map. (44 P .M . 23) marking the southeast corner of said Parcel 2 ; thence from said point of beginning along the southerly line of said Parcel 2 South 890 47 ' 11" West 565.59 feet to a 3/4" iron pipe monument tagged L.S.4840 on the easterly edge of a existing road; thence along the easterly, northeasterly and southeasterly 1 edge of said road North 190 37 ' 15" East 71 . 28 feet; thence North 50 07' 25" West 16 .65 feet; thence North 330 45 ' 25" West 57.59 feet; thence North 770 36 ' 38" West 90 . 88 feet; thence North 480 38' 19" West 35.63 feet; thence . North 340 51 ' 15" West 26. 69 feet; thence North 40 48 ' 15 " West 71 . 15 feet; thence North 210 02 ' 03" East 62.39 feet to a 3/4" iron pipe monument tagged L.S.4840; thence continuing along said edge of road North 380 01 ' 56" East 41 .53 feet; thence North 140 03 ' 29" East 58.01 feet; thence North 360 47' 10" East 113.55 feet; thence North 180 02' 35" East 92.53 feet; thence North 450 01 ' 34" East 47.28 feet to a 3/4" iron pipe monument tagged L.S.4840; thence crossing said road North 260 24 ' 26" West 21.10 feet to a 3/4" iron pipe monument tagged L.S.4840 on the northwest side of said existing road; thence along the northerly, northeasterly, northwesterly and westerly side of said road North 820 091 34" East 49. 37 feet; thence'°South 530 04 ' 38" East 48 .27 feet; , thence South 730 53 ' 02" East 52 .88 feet; thence North 550 291/ 04" East 134.26 feet; thence North 750 17' 54" East 51.99 feet; thence North 560 53 ' 52" East 40 . 44 feet to a 3/4" ion pipe monument tagged L.S.4840; thence continuing along said edge of road North 160 33 ' 52" East 41.28 feet; thence North 210 24' 26" West 109.28 feet; thence North 100 36 ' 28" East 75 .58 feet; thence North 100 39' 16" West 137.98 feet; thence North 170 53 ' 56" East 83 .07 feet to a 3/4" iron pipe monument tagged L.S.4840; thence continuing along the edge of said road South 760 ` 06 ' 49" East 66.21 feet; thence South 630 51' 08" East 97.17 feet; thence along said easterly line South 370 58 ' 39" East 97.70 feet to the easterly line of said Parcel 2; thence South 000 04 ' 55" West 1012.72 feet to the point of beginning. Said parcel containing 11.494 +/- acres of land and hereinafter refer- red to as Parcel (b) Exception. PARCEL "B" TOGETHER WITH A NON-EXCLUSIVE EASEMENT 50 feet wide for Ingress and Egress purposes limited to Midpeninsula Regional Open Space District agents, their successors and assigns, employees and contractors for construction, maintenance, patrol and emergency purposes only over the hereinabove described Parcel (b) Exception, the centerline of said 50 foot wide easement being more particularly described as follows: Beginning at a point of intersection of the centerline of an existing road with the northwesterly line of said Parcel (b) Exception, said point bears South 170 53 ' 56" West 3.90 feet from the northerly terminus of that course called "North 170 53 ' 56" East 83 .07 feet" in the hereinabove said Parcel (b) Exception , thence from said point of beginning along the. centerline of said road South 430 38 ' 38" East 11.37 feet to a ` point of intersection with the centerline of another road; thence along the approximate centerline of said other road South 170 53" 56" West 71.20 feet; thence South 100 39 ' 16" East 137.31 feet; thence South 100 36' 28" West 74.59 feet; thence South 219 24' 26" East 109.85 feet; thence South 160 33 ' 52" West 48.40 feet; thence South 560 53 ' 52" West 45.73 feet; thence South 750 171.. 2 54" West 51 .86 feet; thence South 550 291 040 West 137-24 feet; thence North 730 531 02" West 59.44 feet;. thence North 530 041 28" West 45.99 feet; thence South 820 091 34" West 41.89 feet to a point in the westerly line of said Parcel (b) Exception and the terminus of the herein described easement . ..The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 50 foot wide strip from the northwesterly line of said Parcel (b) Exception to the westerly line of said Parcel (b) Exception . EXCEPTING THEREFROM so much of said 50 foot wide easement that may lie outside. of said Parcel (b) Exception . PARCEL "C" TOGETHER WITH A NON-EXCLUSIVE EASEMENT 20 feet wide for Ingress and' Egress purposes limited to Midpeninsula Regional Open Space District agents, their successors and assigns , employees and contractors for construction, maintenance, patrol and emergency purposes only over the hereinabove described Parcel (a ) Exception, the centerline of said 20 foot wide easement being more particularly described as follows: Beginning at a point marked by a nail & tag L.S. 4840 in the approximate center of a bridge as said point is referred to in the hereinabove described Parcel (a) Exception; thence from said point of beginning along the approximate centerline of an existing road South 330 541 51" West 36. 29 feet; thence South 830 571 48" West 36 . 78 feet; thence North 350' 171 39" West 164.36 feet; thence North 520 371 1911 West 110.56 feet; thence North 750 561 27" West 60 .22 feet; thence North 320 09 ' 10" West 30.80 feet to a point on the northerly line of said Parcel (a) Exception of which said point is the southeasterly terminus of that course called "South 710 531 03" East 111 . 91 feet" in said Parcel (a) Exception . The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the easterly line to the northerly line of said Parcel (a) Exception. RESERVING THEREFROM the following described easements referred to as RESERVED EASEMENTS (1) to (6) hereinbelow: RESERVED EASEMENT (1) --------------------- RESERVING THEREFROM A NON-EXCLUSIVE Primary Driveway and Public Utility easement 20 feet wide over a portion of the hereinabove described Parcel "A" , the centerline of said 20 foot wide strip being more particularly described as follows: Beginning at a point of intersection of the centerline of an existing road with the northerly line of said Parcel 2 herein- 3 above mentioned in PARCEL "A" , said point bears North 890 561 16" West 100.56 feet from a 4"W post marking the northeast corner of the above said Parcel 2 and the northwest corner of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 & 43 filed in the office of the County Recorder of San Mateo County, State of California on June 13, 1978; thence from said point of beginning along the centerline of said road South 80 511 45" East 307.59 -feet; thence South 80 181 50" West 33 .65 feet; thence South 530 571 06" West 21.34 feet; thence South 730 031 42" West 29.51 feet; thence South 840 381 48" West 105.91 feet; thence North 860 441 12" West 70 . 76 feet; thence North 870 581 07" West 221.24 feet; thence South 800 231 30" West 34.85 feet; thence South 590 011 22" West 105.92 feet; thence South 7410 511 21" West 95 .67 feet; thence South 430 561 34" West 39 .87 feet; thence South -620 01 ' 43" East 48.10 feet; thence North 850 281 41" East 62.91 feet; thence South 470 501 04" West 72.36 feet; thence South 830 181 49" West 50 .94 feet; thence South 20* 511 29" West 37.04 feet; thence South 700 221 15" East 70.83 feet; thence North 840 141 17" East 56.78 feet; thence North 620 221 40" East 87.82 feet; thence South 830 231 01" East 107.08 feet; thence South 800 141 25" East 177.34 feet; thence South 90 53 ' 38" East 54.64 feet; thence South 640 131 14" East 70.87 feet; thence North 790 411 03" East 140.28 feet; thence South 60 44 ' 04" East 62.93 feet; thence South 260 501 51" West 45.14 feet; thence South 720 311 57" West 132.19 feet; thence South 750 05 ' 32" West 110 .65 feet; thence North 700 481 31" West 104 .65 fbet; thence South 420 291 19" West 62.53 feet; thence South 260 561 04" East 88.44 feet; thence South 000 541 02' West 96.81 feet; thence South 150 431 49" East 89.97 feet; thence South 220 241 008 East 83.35 feet; thence South 360 051 49" West 58.93 feet; thence South 500 211 39" West 67.14 feet; thence South 740 331 47" East 65.92 feet; thence South 510 421 37" East 60.16 feet; thence South 670 101 58" East 49 .89 feet; thence South 140 181 40" East 78. 94 feet; thence South 350 301 360 East 89 . 82 feet to a point on the northwesterly line of the hereinabove described Parcel (b) Exception which said point bears South 170 531 56" West 3 . 90 feet from the northerly terminus of that course called "North 1710 53 ! 56" East 83 .07 feet" in said Parcel (b) Exception and said point being the terminus of the herein described easement. The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the northerly line of said Parcel 2 (44 P.M. 23) to the north- westerly line of said Parcel (b) Exception. This easement is subject to extinguishment pursuant to the terms and conditions of that certain Purchase Agreement dated July 27, 1988 between the parties hereto . RESERVED EASEMENT (2) --------------------- ALSO RESERVING THEREFROM A NON-EXCLUSIVE Primary Driveway and Public Utility easement 20 wide over a portion of the hereinabove described PARCEL "A" , the centerline of said 20 foot wide strip 4 being more particularly described as follows: Beginning at a point of intersection of the centerline of an existing - road with the northerly line of said Parcel 2 , said point bears North 890 56 ' 16" West 100 .56 feet from a 4"x4" post marking the northeast corner of said Parcel 2 (44 P.M. 23) and ,.the northwest corner of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 & 43 filed in the office of the County Recorder of San Mateo County, State of California on June 13, 1978; thence from said point of beginning along the centerline of said road South 80 51 ' 45" East 307.59 feet; thence South 8. 18' 50" West 33.65 feet; thence South 531D 57' 06" West 21.34 feet; thence South 730 03 ' 42" West 29.51 feet; thence South 840 38' 48" West 105.91 feet; thence North 860 44' 12" West 70.76 feet; thence North 870 58 ' 07" West 221 .24 feet; thence South 800 23' 30" West 34.85 feet; thence South 590 01 ' 22" West 105.92 feet; thence South 740 51 ' 21" West 95.67 feet; thence South 430 56 ' 34" West 39.87 feet; thence South 330 41' 43" West 51.36 feet; thence South 220 03 ' 05" Went 90 .95 feet; thence South 330 54 ' 51" West 36.29 feet to a nail & tag L.S.4840 in the approximate center of a bridge marking an angle point in the the easterly line of the hereinabove described Parcel (a) Exception. The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the northerly line of said Parcel 2 (44 P.M. 23) to the easterly line of the hereinabove described Parcel (a) Exception. RESERVED EASEMENT (3) ALSO RESERVING THEREFROM A NON-EXCLUSIVE Secondary Driveway and over a portion of the hereinabove Public Utility easement 20 wide o r described PARCEL "A" , the centerline of said 20 foot wide strip being more particularly described as follows: Beginning at a point on the northerly line of the above described Parcel (a) Exception; said point being the terminus of that course called "South 710 53 ' 03" East 111.91 feet" in said Parcel (a) Exception; thence from said point of beginning along the centerline of an existing road North 350 52 ' 50" West 48 . 41 feet; thence North 700 14 ' 57" West 89.92 feet; thence North 750 51 ' 54" West 93.32 feet; thence North 800 13 ' 57" West 115.26 ® North feet thence South 75 14 12 West 206.19 feet; thence n o " o t 67 23 09 West 53 . 7$ feet, thence North 43 07 34 Wes 78.17 feet; thence South 8510 231 25 West 35.11 feet, thence o o t South 57 27 17 West 71 .62 feet; thence South 69 0? 26 Wes 116.12 feet, thence South 760 401 20" West 88.47 feet; thence North 820 29 ' 29" West 83.35 feet; thence North 320 41 ' 56" West 44 .07 feet to a poin t t of intersection with the centerline of another existing road and said point hereinafter referred as Point "A"; thence continuing g along the hereinbefo e ment ioned centerline North 380 471 48" East 67.19 feet; thence North 56o 16 ' 03" East 57.74 feet; thence North 750 17' 30" East 115.10 feet; thence North 390 16 ' 49" East 39.38 feet; thence North 90 13 ' 09" West .50.44 feet; thence North 270 12' 46" West 87.98 5 feet; thence North 90 041 09" West 40 feet more or less to the northerly line of said Parcel 2 (44 P.M. 23) and the terminus of the herein described easement. The sidelines of the above described easement are to be shortened .or lengthened so as to form a continuous 20 foot wide strip from the northerly line of the hereinabove described Parcel (a) Exception to the northerly line of said Parcel 2 (44 P.M. 23) . RESERVED EASEMENT (4) --------------------- ALSO RESERVING THEREFROM A NON-EXCLUSIVE EASEMENT for spring purposes with rights of access to maintain and operate same (including the rights to place a fence or other reasonably necessary structures around said spring in a manner mutually acceptable to the parties hereto) within 'a circular shaped portion of the hereinabove described PARCEL "A" # said circular shaped portion of land having a radius of 50 feet with its radius point located at a point which bears South 430 011 35" West 756.66 feet from a 3/4" iron pipe monument tagged L.S .4840 set in a 36" fir stump marking the northwest terminus of that course called "North 330 371 40" West 159.55 feet" in the hereinabove described Parcel (a) Exception. RESERVED EASEMENT (5) -------------------- ALSO RESERVING THEREFROM AN EASEMENT for reasonable ingress and egress for repair and maintenance of the water pipelines presently running from the above mentioned spring ieferred to in Reserved Easement (4) to the hereinabove described Parcel (a) Exception. RESERVED EASEMENT (6) -------------------- AL80 RESERVING THEREFROM AN NON-EXCLUSIVE EASEMENT 20 feet wide for ingress and egress to maintain and operate an existing spring facility within a portion of the hereinabove described RESERVED EASEMENT (4) , the centerline of said 20 foot wide easement being more particularly described as follows: Beginning at a point of intersection of the centerline of an existing road with the perimeter of that 50 foot radius (circular) easement hereinabove described as RESERVED EASEMENT (4) ; said point bears South 440 121 04" West 804.03 feet from a 3/4" iron pipe monument tagged L.S.4840 set in a 36" fir stump marking the northwest terminus of that course called "North 330 371 40" West 159.55 feet" in hereinabove described Parcel (a) Exception; thence from said point of beginning along the centerline of said existing road South 340 491 4111 West 104.29- feet; thence North 4® 491 54" West 90 . 83 feet; thence North 3* 271 24" West 177.02 feet; thence North 100 341 17" East 114.11 feet; thence North 120 001 11" West 85 .22 feet; thence North 200 141 53" East 64.89 feet; thence North 180 141 39" West 192.54 feet; thence North 680 371 50" West 95 .75 feet; thence North 420 031 56" West 86.13 feet; thence North 560 201 32" West 51.07 6 feet; thence North 310 48 ' 55" West 88 .40 feet; thence North 410 32 ' 03" West 93 . 54 feet; thence North 60 48 ' 13 " West 41 . 14 feet; thence North 250 23 ' 10" East 50 .36 feet; thence North 60 47' 06" East 47.65 feet; thence South 750 41 ' 28" East 157.58 feet; thence South 700 30 ' 47" East 118. 99 feet; thence North 890 02 ' 46 " East 61 . 84 feet; thence North 860 11 ' 32" East 93 . 13 _feet; thence North 58° 53 ' 25" East 65 . 47 feet to a point referred to as Point"A" in the hereinabove described RESERVED EASEMENT (3) , said point being the northwesterly terminus of that centerline course called North 320 41 ' 56" West 44 .07 feet" in said RESERVED EASEMENT (3) and also the terminus of the herein described easement. EXCEPTING THEREFROM SAID EASEMENT so much as may lie outside of the hereinabove described PARCEL "A" . The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the perimeter of the hereinabove described circular easement described in RESERVED EASEMENT (4) to the westerly line of the hereinabove 20 foot wide easement described in RESERVED EASEMENT (3) . RESERVED EASEMENTS (1) to (6) shall be appurtenant to the herein- above described Parcel (a) Exception and Parcel (b) Exception. 8/10/88 paultot .des/dk9 SKIS r 0F CNN, y r pAIlCEL I t 1 as shown on that certain ma Parcel P entitled 'PARCEL MAP OF A RSSUBDIVISION OF A PORTION OF SECS. 26, 27, 34 & 35 T6S, R4W, M.D.B. & M., BEING PARCEL NA" AS SHOWN IN VOLUME 29, P.M. , PG. 12, SAN MATEO COUNTY, CALIFORNIAN , filed in the office of the County Recorder of San Mateo County, State of California, on June 7. 1917 in Boox 37 of Parcel Maps at page(s) 15 and 16. All that certain real property situated in the County of San Mateo , State of California, being a portion of Section 23 , Township 6 South, Range 4 West, Blount Diablo Base and Meridian, wore particularly described as follows : BEGINNING at a point on the Northeasterly line of said Section 23, distant thereon South 36^ 151 East 193.50 feet from a 4 inch by 6 inch post marked 14-1 . 111. 8 M. G. 6 , as shown on that certain map entitled "RECORD OF SURVEY , BEING A PORTION OF SECTIONS 22 AND 23 TOWNSHIP 6 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN SAN MATEO COUNTY, CALIFORNIA- , filed in the office of the County Recorder of San Mateo County, State of California on June 12, 1962 in Book 5 of Licensed Land Surveyors Maps at pages 20, , 21, and 22, (File No. 80189-U) ; thence from said point of beginning , South 56^ 211 38" West 200.11 feet; thence South 36^ 161 50" West 290 . 42 feet; thence South 27^ 261 West crossing Skyline Boulevard 142 .09 feet to the intersection of the general Northwesterly line of the lands described in the Deed froz, Charles Warren Behan, also known as Warren Behan to Carlton E. Morse and wife, dated December 15, 1952 and recorded February 25, 1953 in Book 2372 of Official Records at page 483 (File No . 62350-K) , Records of San Mateo County , California, with the Southerly line of said Skyline Boulevard; thence along the said general Northwesterly line of said lands described in the above mentioned Deed , South 34^ 00 ' 55" West 357 .79 feet (called North 33- 421 19" East 353 .19 feet in said Deed ) to an angle point therein; thence continuing along said general Northwesterly line North 89- 591 08" West 119.22 feet (called 119 .65 feet in said Deed) to the northwesterly corner of said lands of Carlton E. 11orse and wife being the true point of beginning of the lands to be described herein; thence from said point of beginning along the Northerly line cf the lands described in the Deed frow Judith Bechtel to Judith Bechtel , et . al . , dated Oct . 9 , 1985 and recorded Oct . 18, 1985 in Document No. 85109528, Records of 'San Mateo County, California, North 89^ 591 05" West 142 .39 feet; -thence leaving said northerly line South 6- '191 43" East 61 . 43 feet to a ...3/4" iron pipe monument tagged L .S . 4840; thence continuing along said previous course South 6- 491 43" East 220 .12 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence South 33^ 12 1 04" West 164.62 feet to a 3/4" iron pipe monument tagged L.S.4840; thence South 14" 211 21" West 121 .21 feet to a 3/4" iron pipe monument. tagged L.S. 4840; thence continuing along said previous course South 14^ 211 21" West 29. 43 feet to the southerly line of Section 23 being also the southerly line of the hereinabove mentioned Deed to Judith Bechtel, et . al . ; thence along said southerly line South 89^ 59 ' 03" East 250 .18 feet to" the westerly line of said lands of Carlton E. Morse and wife; thence along the last mentioned line North 4^ 451 3711 west 450.29 feet and North 11^ 381 21" East 116.93 feet (called 117 . 93 in said Deed to Morse) to the true point of beginning . Description: All that certain real property situate• in the County of San Mateo, State of California, described as follows: PARCEL A: PARCELS 2, 3 and 4,- as shown on that certain parcel map entitled "PARCEL MAP OF RESUBDIVISION OF A PORTION OF SECS. 26, 27, 34 & 35, T6S,' R4W, M.D.B.&M. , BEING PARCEL "A", AS SHOWN IN VOLUME 29 P:M. , PG 12" , filed in the office of the Recorder of the County of San Mateo, State of California, on June 7, . 1977 in Book 37 of Parcel Maps at page 15. PARCEL B: RIGHT OF WAY for ingress and egress described as follows:' A strip of land of the uniform width of 50 feet extending from the Easterly boundary line of the Northwest 1/4 of Section 27 , T.6S. , RAW. , M.D.B. &M. , Northwesterly to the Northerly boun- dary line of the South 1/2 of the Northwest 1/4 of said Section 7 2 and lying equally on each side of the line which beg ins at a point in the: Easterly boundary line (marked by a fence now upon the ground) of the Northwest 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southeast corner of the Northwest 1/4 of said Section 27 bears South 0a 23' East 213 . 0 feet distant and runs thence North 56O 02-1/2 ' West .184. E feet; thence North 580 12-1/2' West 273 .2 feet; thence North 72' 17' West 135.5 feet; thence North 52* 29 ' West 53 . 8 feet; thence North 34* 43-1/2' West 102.5 feet; thence North 42° 14-1/2' West 230 .4 feet; thence North 25° 29-1/2 ' West 89.5 feet;. thence North 80 05' West 89.2 feet; thence North 2* 43-1/2' East 130 . 0 feet; thence North 7° 24 ' West 66.6 feet; thence North 19' 16 ' West 97.3 feet; thence North 370 14-1/2' West 70 . 2 feet; thence North 61 ° 34 ' West 68 feet, more or less , to the Northerly boundary line of the South 1/2 of the Northwest 1/4 of said Section 27 . i j Description Continued: PARCEL C: RIGHT OF WAY for ingress and egress described as follows: A strip of land of the uniform width of 50 feet extending from the Westerly boundary of the North 1/2 of the Northwest 1/4. of Section 27 Southeasterly to the Southerly boundary of the North 1/2 of the Northwest 1/4 of Section 27, T. 6S. , R.4W. , M.D.B.&M. , and lying equally on each side of the centerline of an existing road now upon the ground; said centerline being at a 'point in the. Southerly boundary line of the North 1/2 of - the Northwest 1/4 of said Section 27 from which the Northwest corner of that certain parcel conveyed to Belle Sheridan Ballard and BeulahRadar S. Ra and .recorded in Book 1124 at Page g 332, Official Records , bears Easterly, . along the Southerly . boundary line of the North 1/2 of the Northwest 1/4 of said Section on 27 975 .0 f and feet a runs th ence North 76a 031 West• 53 .2 feet; thence North 78' 10-1/2 ' West 99 .7 feet; thence North 74° 31-1/2' West 70 .1 feet; thence North 860 15 ' West 186.0 feet; thence North 62° 45 ' West 66 .1 feet; thence North 290 59 ' West 94 .0 feet; thence North 610 14-1/2' West 49.7 feet; thence South 86° 18-1/2 ' West 215 .3 feet; thence North 81* 13-1/2' West 65 .0 feet; thence North 64° 36-1/2 ' West 62.0 feet; thence North 580 51-1/2 ' West 130 .9 feet; thence North 660 13 ' West 144.7 feet; thence South 770 13 ' West 95 .1 feet; thence North 850 54-1/2 ' West 78 . 9 feet; thence North 720 59 ' West 141 .5 feet; thence North 560 44 ' West 80 .9 feet; thence North 47° 37' West 142. 2 feet; thence North 300 08-1/2 ' West 97 feet, more or less, to a point in the Westerly boundary line of said Section 27; PARCEL D: RIGHT OF WAY for ingress and egress described as follows: A strip of land of the uniform width of 60 feet extending from the Westerly boundary line of the Northeast 1/4 of Section 27 T. 6S. , RAW. , M. D. B.&M. , Southeasterly to the Southerly boun- dary line of the Northeast 1/4 of said Section 27 and lying equally on each side of the line which 'begins at a point in the Westerly boundary line (marked by a fence now upon the groundl_ of the Northeast 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southwest corner of the Northeast 1/4 of said Section 27 bears South 0° 23 ' East 213 .0 feet distant and runs thence South 560 02-1/2 ' East 98.5 feet; thence South 68° 32 ' East 52 .0 feet; thence South 89° 46 ' East 140 .1 feet; thence South 85° 00-1/2 ' East 226 . 4 feet; thence South 85° 00-1/2' East 226 . 4 feet; thence South 53* 37-1/2' East 53 .0 feet; thence South 310 23-1/2 ' East 64 . 7 feet; thence South ll° 50-1/2 ' East 40 feet more or less , to the Southerly boundary line of the Northeast 1/4 of said Section 27. Description Continued: PARCEL E: AN EASEMENT for ingress , egress , and utilities fifty (50) feet in width, the centerline of which shall be the centerline of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) . The land over which this easement runs is described as: All that 'land situated in the County of San Mateo,. State of California being Parcel 2 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 22, 26 , AND 27 N T.6S. , RAW. , M.D.B. AND M. ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 , SAN MATEO COUNTY, CALIFORNIA", filed in the Office of the County Recorder of San Mateo County on November 14, 1978 in Book 14 of Parcel Maps -at pages 23 and 24, as granted to Calvin Y. Dyer and Dora F. Dyer , husband and' wi£e, in joint tenancy, by• Deed recorded August 25 , 1982, under Recorder's Serial No 82072762, Official Records. PARCEL F: AN. EASEMENT for ingress , egress , and utilities fifty (50) feet in. width, the centerline of which shall be the centerline of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) . The land over which this easement runs is described as: All that land situated in the County of San Mateo, State of California being Parcel 2 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 22 , 26, AND 27 IN T. 6S. , R. 4W. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406 ; SAN MATEO COUNTY, CALIFORNIA" , filed in the Office of the County Recorder of San Mateo County on November 14 , 1978 in Book 14 of Parcel Maps at pages 23 and 24 , as granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife, in joint . tenancy, by Deed recorded August 27 , 1982 , under Recorder' s Serial No. 82073811 , Official Records . r f , EXHIBrr RECOIROtI46 RCOUCSYCO BY f ,ana nHltl+ wtCOeeeo MAIL To 1 etw a r: L .. $rAC['AHOVC THIS UN[ FOR RRCORoaR'S USE RESCISSION OF DECLARATION OF RESTRICTIONS The undersigned owners hereby rescind, cancel and revoke all t nts. Conditions and Reotrictions recorded on at Page of the County Recorder's Office. The affected property is Lots through shown upon that certain parcel Hap entitled filed for record on in Book of Pastel U! at Pa in the office of the County. Recorder of the County of State of California. The undersigned ara all the owners of the p as shown on that certain Map entitled: /s/ Owner of Parcel 1 /s/ owner of Parcel 2 owner of Parcel 3 owner of Parce stale•I • On tl+e In•_,...Oey of i9r.Mhae rn•. si caunly e1 Ih•un6•nlpn•d Nolely Pub",9erfoMtiy epe•sr•d { O petic"Iy Nnowd le me O ehevNlemean the beleol!•Iblwlaryevldehce fab•o110ee1a1h1 to be the Woo(KA,whop MerNel ._ WIIMnIn•wM•M.MdplwoM•O4NfMl ---��•�uNAlt. VAIN IS!My nnld V4•Nt041•eN. Nolery'• netrn 7n• a nnn• nM M- CT Tn . CT AHW :flT IllTI IT-jsn,i- 2N 1110 EXHIBIT E All personal property of Sellers shall be removed from the Property no later than August 22, 2002. The personal property shall include,but not be limited to: • All personal property(items not physically attached)within: - residence, - workroom behind the residence and, - cabin, • Vehicles, trucks, vehicle bodies and parts, • Gasoline, oil, petroleum and containers for such material, • Canopies, car-covers, storage sheds and containers, • Debris, refuse,miscellaneous piping, • Non-suspended electrical lines, • Large pile of cut logs located between the residence and the cabin Jack Manning Paulin Date: Walter & Hertha Harrington 78 Morse Lane Woodside CA 94062-3706 50 851-4226 Fax 650 Tel. 6 )851-0622 Email:whhrmgtn@aoI.com HHarrington@aol.com June 26, 2002 Peninsula Open Space District Board of Directors By Fax ( 650) 691-0485 Re Proposed Paulin Purchase Walter H . Harrington and Hertha Harrington, residents of 78 Morse Lane, Woodside, and as Trustees of the Harrington Family Trust, the present owner of that real property, express our enthusiastic approval of the proposed purchase by the District of the Paulin properties on the agenda tonight . We do remind you, however, that the Weeks Road, the present access to the Paulin residences, runs in part over our property and is the subject of a limited easement by us to the District pursuant to the terms of the settlement in open court of the case of Dyer v. Mills, (San Mateo County Superior Court No. 263093) , on February 20, 1990 . The easement contains restrictions on the use of the road and specifically forbids public access . Our privacy and personal security continue to be a primary concern . We have discussed this matter with Tor and Chris Arild, our neighbors to the north, and they have authorized us to express their concurrence in the position expressed herein, namely approval of the proposed acquisition but opposition to any public use of Weeks Road as access to the Paulin properties, as physically inappropriate because of its limitations and also for the subjective reasons as set forth above . Very truly yours | Page ln[l Craig From: org> To: org> Sent: Wednesday, June 26, 2002 2:09 PM � Subject: Pau|inAxoquisition � From: To: mrwd@_oper!spape.org Sent: Monday, June 24, 2002 12:33PM � Subject: Pau|inAxcquisition � JohnK. iandnA � 18BBO Skyline Blvd. Woodside, CA84O82 Tel: (650) 851-1021 Fax: (650) 851-9203 June 24. 2OU2 � Thomas W. Fiooher � Land Protection Specialist Midpeninsula RegionalOpen Space District Los Altos, CAQ4O22 By e-mail. Dear Mr. Fischer: Thank you for giving us the opportunity to comment on your proposed land acquisition of the Paulin � property. � We understand from Jack Paulin that he does no longer want the District to reverse its planned acquisition of his two parcels. So this letter is not request to reconsider. Howmver, we would once more like to go on record as strongly objecting to the District's methods of acquiring property. � Allegedly Jack Paulin did something that caused damage to the District's property hatsunoundmhis. VVe � do not object to the Oiathotseeking menxadyfor such danmago. BUT SUCH 'T| NSHUULD8T/Y DIVORCED FRC]yN TRYING TO ACQUIRE HIS LAND. Suing and then settling for acquiring the Paulin property seems rather indicative of suing IN ORDER TO acquire his land. Although legal, such action is highly immoral. Communist, Fascist, and Nazi regimes used these kinds of tactics to enhance the common good"while trampling on individual freedom. We are extremely disappointed that while the District has allegedly given up the use ofcondemnation, it still uses such unethical power plays. � We are disappointed in the fact that the Board of the District is still condoning the staffs immorality. Larry � Hassett, who I thought I knew as having integrity, especially disillusions me (John). Please read this letter into the minutes ofthe public meetingon Juno2G. 2002 in which you decide to acquire the Paulin property. That way there will bea record of the fact that ot least some ofyour constituency considers your behavior despicable. � � Sincerely, � John and OrizzLondrL6 � � | 6/26/2002 John K. Landrd 16990 Skyline Blvd. Woodside,CA 94062 Tel: (650) 851-1021 Fax: (650) 851-9203 June 26,2002 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 On June 24 we responded by e-mail to an announcement by the District of your intention to acquire the two Paulin properties. Yesterday I (John) received a telephone call from Craig Britton explaining your side of the story of this acquisition. I talked to the Paulins after that call and we are now more convinced then ever that the District sued them solely to get them off their land. Contrary to Craig Britton's assertion during his phone call to me, the lower Paulin property was not for sale when the District sued. Contrary to his indication the Paulins were never given an opportunity to settle the matter before being sued. Contrary to his indication it was the District who initiated action, not the Water Board or any other public agency that is"after the District' The first action the District took was not a phone call with a request for remedial action for the damage Jack Paulin did to the District's property, but an extremely elaborate, well-prepared lawsuit. According to at least one expert in the matter the suit was trumped up to show outrageous amounts of damage. The District clearly attempted to hit the Paulins as hard as it could while making an eventual defense as costly as possible. Preparation of this lawsuit must have been expensive indeed for the District, a highly inappropriate use of tax dollars, in our view. All this while a simple phone call would probably have done. If you were only after remedial action,that is. So our letter of June 24,2002 stands. THE DISTRICT SUED IN ORDER TO ACQUIRE TflE PAULIN PROPERTIES, We will be at the public meeting tonight to read our original e-mail as well as this follow-up letter into the minutes. We suggest that the District write a letter of apology to the Paulins. The very least the District should do is to refund them for the attorney's fees they had to incur during this misguided legal battle. Sincerely, dw INS l� . �th,t.�-�V`�° John K. Landr6 Dorisanne R. Landr6 Regional Open : we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-83 Meeting 02-14 June 26, 2002 AGENDA ITEM 2 AGENDA ITEM Proposed Property Management Agreement with Peninsula Open Space Trust for the Former Gottsleben/Sonntag Property as an addition to Long Ridge Open Space Pres e GENERAL MANAGER'S RECOMMENDATIONS I. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Authorize the General Manager to sign the attached Lease and Management Agreement with Peninsula Open Space Trust and, subject to approval by the General Manager and General Counsel, to approve minor revisions which do not substantially change any material term of the Agreement. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report. DESCRIPTION (see attached map) The 39.33-acre Peninsula Open Space Trust(POST) Property is located within the Portola Heights Subdivision east of Skyline Boulevard. Situated on the top of Doherty Ridge and along Doherty Ridge Road, the Property offers panoramic coastal views as well as views of Portola Redwoods State Park, Skyline Ridge and Long Ridge Open Space Preserves. Doherty Ridge and the Property's prominent open hilltop lying near the middle of the ridge, are highly visible from public trails at both nearby open space preserves. The diverse landscape, including grassland,patches of scrub oak, and dense evergreen forest provide valuable wildlife habitat for a variety of species. Protection of the scenic and wildlife qualities of the Property is important in terms of providing continuity in the open space character of the landscape along Doherty Ridge and enhancing wildlife corridors through a sparsely developed community. The Property is bounded b private Property on all sides with the nearest District land lying approximately 115 p Y by P Y Y g pp Y mile to the south and east. The 1999 Greenblat Property addition to the Long Ridge Open Space Preserve is located only a short distance to the southeast along the lower portion of Doherty Ridge. Doherty Ridge Road provides access to both properties, descending the ridge from its intersection with Portola Heights Road and connecting to Five Points Road that continues down to Slate Creek. Doherty Road is surfaced and bisects the Property in the north-south direction and provides access to a number of private residential properties. Near the south boundary, an intersecting road travels northward along the edge of the Property and eventually connects back to the upper portion of Doherty Ridge Road. A third road enters from the north and provides a short cut connection between the two previously described roads. Two minor driveways lead to potential homesites near the northern boundary on both sides of Doherty Ridge Road. All but Doherty Ridge Road are unsurfaced roads. The landscape is generally very steep and rugged on both sides of Doherty Ridge but near the northeast corner of the Property the prominent hilltop is gently sloping and appears to be used by neighbors as a picnic spot. Views from this area include Skyline Ridge and Long Ridge Open Space Preserves, Portola Redwoods State Park, and the vast watersheds of Slate Creek and Peters Creek. Doherty Ridge divides these two watersheds so the Property's steep slopes drain into Slate Creek to the east and Peters Creek to the west. Dense mixed evergreen 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.AEEs, Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton R-02-83 Page 2 forest, largely comprised of large Douglas fir,is characteristic of the steeper slopes. Scrub oak and open grassland appear on the upper ridge and hilltop. Outside of the roads,the Property has no other improvements and has been kept in a natural condition. USE AND MANAGEMENT Planning Considerations The Property is located within the unincorporated area of San Mateo County and zoned RM (Resource Management), having a single residential development unit per 40 f acre parcel. Residential development would not be difficult given the easy access on Doherty Ridge Road. Development potential is somewhat constrained by the lack of electricity but is overcome by utilizing solar panels and or generators. Both the Property and roads are subject to road agreements in Portola Park Heights that the District is a party to and contributes to road maintenance as result of owning other lands in the area. As part of this Agreement,the District will be making POST's contribution for road maintenance. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect upon execution of the Agreement and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The Property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future,the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. Patrol: Routinely patrol the Property. Signs: Install boundary signs where appropriate. Improvements: Contribute to road maintenance as required by existing road maintenance agreements. Name: Name the Property as an addition to the Long Ridge Open Space Preserve. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CEQA COMPLIANCE Project Description The project consists of the lease and management of a 39.33-acre Property as an addition to the Long Ridge Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately,the Property is likely to be acquired by the District and would be included in the Comprehensive Use and Management Plan for the preserve. The land is likely to be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Sections 15301, 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: R-02-83 Page 3 Section 15301 exempts operation,repair,maintenance,permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The Use and Management Plan specifies the Property will be operated and maintained in a natural condition and there will be no expansion of use; the Property will be closed to the public. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the Use and Management Plan proposes to keep the area in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS As part of the proposed Lease and Management Agreement,the District will assume responsibility for paying the Portola Park Heights annual road assessment of$300 per parcel: The District pays this annual fee on all parcels it owns within the Portola Park Heights subdivision. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject Property have been mailed written notices of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative Long Ridge Open Space Preserve - POST (Gottsleben/Sonntag) Midpeninsula Regional Open Space District • ` .. •• N 5 �k. JLn SKYLINE RIDGE LPortola Heights UPPER STEVENS CREEK OPEN SPACE PRESERVE \.. Road ^� �� COUNTY PARK \ 9Ridge Rd. f i• 2 I d I 8" a o� —"' POST(Gottsleben/Sonntag) ;• \ 39.33+/-Acres r •. LONG RIDGE " = �j; �• OPEN SPACE PRESERVE OGo '1 PORTOLA REDWOODS l STATE PARK \. % qOL _ .\ l Exhibit A 0I I Mile I O � LEASE AND MANAGEMENT AGREEMENT THIS LEASE AND MANAGEMENT AGREEMENT ("Lease"), dated for reference purposes as of is between PENINSULA OPEN SPACE TRUST, a California non-profit public benefit corporation("POST"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code ("District'). RECITALS: A. POST is the owner of a parcel of real property located in unincorporated Santa Clara County, California, generally known as the Gottsleben/Sonntag Property containing approximately thirty-nine and thirty three hundredths(39.33) acres, and more particularly described in Exhibit "A", which is attached hereto. The Gottsleben/Sonntag Property is referred to herein as the "Property." B. As provided in the Agreement, POST is willing to lease the Property to District, and District desires to lease the Property from POST upon the terms and conditions set forth below. C. Whereas, the Property is located near to District land and District desires to acquire the property in the future from POST. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, POST and District (collectively, the "Parties") hereby agree as follows: 1. Lease, For and in consideration of the mutual covenants and agreements by the Parties contained in this Lease and in the Agreement, POST does hereby lease to District, and District does hereby lease from POST, all of the Property. 2. Property Leased AS IS. District hereby acknowledges and agrees that, as more fully provided in the Agreement, for the purposes of this Lease (a) District has had an adequate opportunity to inspect, evaluate, investigate and test the Property including, without limitation, the physical, economic and legal condition thereof; and(b) POST has disclaimed the making of any representations or warranties regarding the Property other than those expressly set forth herein. Consequently, District specifically acknowledges and agrees that District hereby leases and accepts the Property in their existing "AS-IS"condition. 3. Lease Term. 3.1 Initial Lease Term. District shall have and hold the Property for a term commencing on the Effective Date and ending on the earlier of(A) the conveyance of fee title to the Property to District by POST; or(B) five(5) years from the Effective Date(the"Lease Page 1 Term"). As used herein, the term"Effective Date" shall be the date this Lease is executed by both POST and District. 3.2 Renewal/Extension of Lease Term. District may, at least 60 days prior to the expiration date of the Lease Term, give POST written notice of its desire to renew this Lease. In that event, District and POST agree to meet and negotiate in good faith in an effort to reach mutual agreement upon the terms and conditions of such a lease renewal, including rent and the extended lease term. 3.3 Conveyance to District. The parties acknowledge that, during the Lease Term, it is POST's intention to convey fee title to the Property to District for use and operation as an open space preserve in perpetuity, upon such terms and conditions as are acceptable to POST. Accordingly, the Lease Term, or any renewal or extension thereof, shall terminate upon such conveyance. 4. Rent. District promises to pay rent ("Rent")to POST, at the address of POST set forth in Section 15.5 below(or such other address as POST may designate to District in writing from time to time), in an annual amount of$300.00 to the Portola Park Heights Property Owners Association for road repairs or special assessments for road maintenance pursuant to that Declaration of Easements, Restrictions, Conditions, Covenants and Agreements recorded July 21, 1971, Official Records of San Mateo County, Document No. 18774AE. POST and District agree that this amount is reasonable in view of District's performance of its covenants and agreements contained herein and in the Agreement (including, without limitation, those regarding indemnification, maintenance, operation and insurance of the Property) and the payment and performance by District of its obligations under the Agreement. 5. POST's Representations, Warranties and Covenants: POST covenants, represents and warrants as follows: 5.1 Organization. POST is duly organized and validly existing under the laws of the State of California. 5.2 Requisite Action. All requisite corporate action has been taken by POST in connection with POST's execution of this Lease, and has been taken or will be taken in connection with the agreements, instruments or other documents to be executed by POST pursuant to this Lease and the consummation of the transactions contemplated hereby and thereby. 5.3 Title. To POST's knowledge, POST owns fee simple title to the Property. POST has not executed any contract to sell the Property or any part thereof or granted an option to purchase the Property or any part thereof or granted a right of first refusal with respect to the Property or any part thereof. 6. Insurance; Indemnity;Notification. 6.1 District shall maintain and keep in force a policy of general commercial liability insurance with a carrier licensed to do business in California and reasonably acceptable to POST, Page 2 insuring against claims for personal injury, death or property damage occurring in, on, or about the Property to afford protection to the limit of not less than Two Million Dollars ($2,000,000) aggregate limit with respect to bodily injury or death and to property damage. All such policies of insurance shall name POST as an additional insured. District may satisfy this subsection by providing self-insurance through a government self-insurance pool which shall provide no less than the same limits of coverage. 6.2 Indemnification. District agrees to indemnify, defend, and save POST harmless from any liability, loss, cost, expense or claim of any nature resulting from any damage to person or property arising out of the negligent or intentional acts or omissions of the District in the exercise of any of its rights or obligations pursuant to this Lease. 6.3 Notification. POST and District agree to notify each other in writing within ten (10) days after POST or District, as the case may be, receives any written complaint or claim with respect to this Lease or the Property. The delivery of written notification shall include a copy of all pleadings if a complaint is filed, or of all correspondence and exhibits if a claim is not filed. 7. Legal Responsibility and Indemnification. During the life of this Lease, District shall have full legal responsibility for management, control and operation of the Property and the condition thereof and for all activities conducted thereon, and in this respect, except as otherwise set forth herein, District shall hold POST harmless from and defend POST against any and all claim or liability for injury or damage to any persons or property whatsoever occurring during the life of this Lease in, on, or about the Property arising out of any condition of the Property or of any act, neglect, fault or omission by the District with respect to District responsibilities as set out in this Lease. POST likewise agrees to indemnify, defend and hold harmless District and its agents, officers, officials, and employees against any and all claims or liability for injury or damage to persons or property arising out of or resulting from the negligent acts or fault of POST,or its agents, employees, officers, or servants, in connection with the Property. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. 8. Real Property Taxes and Assessments. POST hereby promises to pay,prior to delinquency, all Impositions. For the purpose of this Lease, "Impositions" means all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises or imposts,whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, if any, lawfully imposed by any governmental authority or entity(other than District), that may be levied, assessed, charged or imposed or may be or become a lien or charge upon the Property or any part thereof; or upon the Rent, or upon the income of POST. Impositions also include, but are not limited to, the payment of installments on any bonds or periodic charges imposed or required by any governmental authority or entity(other than District). 9. Use and Management of the Property. 9.1 Use. During the term of this Lease and any extension thereof, District agrees to use the Property for the purpose of open space preservation and to use the Property as part of the ecological, recreational and scenic resources of the mid-peninsula area, and for any other related Page 3 legal use that is consistent with the purposes for which District was formed. Without limiting the generality of the foregoing, District shall specifically have the right to maintain all existing trails and improvements incidental thereto on the Property for any purpose consistent with the purposes set forth in Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, Notwithstanding anything herein to the contrary, District shall not, without POST's prior written consent (which consent may be granted or withheld in POST's discretion), make or permit to be made any physical alterations or changes to the Property other than as may be reasonably necessary for the purpose of preventing unauthorized access to the Property or to comply with the terms of this Lease. 9.2 Management. District shall be responsible for management of the entire Property for that period of time from the date of execution of this Lease until District or another public agency acquires fee title ownership of the Property from POST. District may install gates, appropriate signing, and fencing as necessary in the sole opinion of District and may undertake such other steps as District deems necessary or appropriate for the proper and safe management of the Property. 9.3 Patrol. District will patrol and manage the Property in a manner consistent with adjacent District holdings to ensure that the Property is kept in a safe and sanitary condition and that deleterious or incompatible uses of the Property are prohibited. Should any trespass or other unauthorized use or activities occur upon the Property, District may exercise its authority to correct these matters including, where necessary, enforcing District regulations and ordinances on the Property. The Property shall be deemed to be property under the control of District for purposes of Public Resource Code Section 5558 and shall be deemed to be "District Lands" as defined in the District Ordinance No. 93-1. 9.4 Compliance with Laws. District shall comply with any and all federal, state, and local laws, statues, codes, ordinances, regulations, rules, orders,permits, licenses, approvals and requirements applicable to the use and occupancy of the Property by District and District shall not commit and shall not knowingly permit others to commit waste upon the Property. 9.5 Surrender of Property. Except as otherwise provided in this Lease, upon the expiration or earlier termination of the Lease Term, to the maximum extent the same is reasonably within the control of District, District shall surrender the Property in substantially the same condition as it was in upon the Effective Date, except for any changes to such condition made or caused to be made by POST or any of POST's agents, lenders, contractors, engineers, consultants, employees, subcontractors, licensees, invitees and representatives. 9.6 Maintenance and Utilities. During the Lease Term, District shall not use the Property for any purpose whatsoever except as expressly provided in this Lease. District shall be solely responsible for the cost of providing any utilities or other services necessary for District's use and occupancy of the Property and District shall promptly pay and/or discharge any liens that may be recorded against the Property or District's leasehold interest therein resulting from any work performed or materials ordered by or on behalf of District. During the Lease Term, District shall maintain and repair the Property in such manner as reasonably necessary to preserve its Page 4 existing character;provided, however, that District shall not be obligated to make any material capital improvements to the Property. 9.7 Removal of Improvements, Damage to Property. Except as POST may otherwise agree or direct in writing, in POST's sole discretion, upon expiration or termination of this Lease, District shall remove from the Property any improvements made or installed by or on behalf of District. District further acknowledges and agrees that this Lease shall continue in full force and effect notwithstanding any damage, destruction or casualty to the Property or any portion thereof, and District expressly waives any right to terminate this Lease as a result of such damage, destruction or casualty(including, without limitation, any rights granted under Section 1932, subdivision 2, and Section 1933 of the California Civil Code). 10. Assignment and Subletting. District may not assign or sublease this Lease to any other party without the prior written consent of POST,which consent shall not be unreasonably withheld or delayed with respect to an assignment to a party that expressly assumes in writing all of District's obligations and liabilities hereunder;provided, however, that under no circumstances will POST withhold its consent to an assignment to another governmental entity or to a non-profit organization whose principal purpose is environmental conservation and/or habitat preservation so long as such entity or organization expressly assumes in writing all of District's obligations and liabilities. In,the event of an assignment or subletting, District shall remain liable for the payment of all Rent and the performance of all of District's obligations under this Lease, except if and to the extent such obligations are released in writing by POST. 11. Mortgaging of Leasehold Estate. During the Lease Term, District may not encumber its leasehold estate without the prior consent of POST, which consent shall not be unreasonably withheld or delayed. 12. Mortgaging of Fee. During the Lease Term POST may not encumber its fee estate in the Property without the prior consent of District,which consent shall not be unreasonably withheld or delayed. 13. Remedies U — pon Default. 13.1 POST Remedies. POST shall have the right to terminate this Lease only on condition that(a) District has failed or refused to perform any of the material covenants or conditions of this Lease on District's part to be kept and performed; (b) POST has provided written notice to District of such material default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease POST believes in default; and (c) within thirty(30) days of its receipt of such written notice, District has failed to commence a cure or, if said default is of such nature that the same cannot be rectified or cured within said thirty(30) day period, and District has failed to commence the rectification or curing thereof within said thirty(30) day period and/or District fails thereafter diligently to cause such rectification or curing to proceed to completion. POST shall have the right to terminate this Lease in the event District defaults under any of the terms or conditions of this Lease and such default remains uncured for a period of thirty (30) days following written notice to District of the nature of such default. Notwithstanding the Page 5 foregoing, however, if the nature of such default is such that it cannot be cured within thirty(30) days, District shall not be considered in default of this lease so long as District commences the cure of such default within thirty(30) days and thereafter diligently attempts to complete such cure as soon as reasonably practical. 13.2 District Remedies. If POST fails or refuses to perform any of the provisions, covenants or conditions of this Lease on POST's part to be kept or performed, District shall have the right to take any action permitted at law or in equity to enforce the provisions, covenants and conditions of this Lease. However, prior to exercising such right or remedy under this Lease that District may have against POST on account of any such default, District shall provide thirty(30) days' written notice to POST of such default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease District believes to be in default. Notwithstanding any other provision hereof, District agrees that if said default is of such a nature that the same cannot be rectified or cured within said thirty(30) day period, then such default shall be deemed to be rectified or cured if POST within said thirty(30) day period shall have diligently commenced the rectification or curing thereof and shall diligently continue thereafter to cause such rectification or curing to proceed to completion. 14. Condemnation. 14.1 Condemnation Award. If the whole or any part of the Property is taken or condemned by any authority(other than District) for any public use or purpose during the Lease Term or any extension thereof, any remaining proceeds shall be paid to and retained by POST. 14.2 District Rights. Notwithstanding the foregoing, District hereby reserves the right to bring any and all separate claims as may permitted by law to compensate District for any and all claims it may have for the taking of any of District's property in connection with such condemnation or other taking, as well as to assert any legal rights or challenges to the authority of the condemning agency to institute such condemnation proceedings. 14.3 Condemnation of Less Than Entire Property. If less than the entire Property shall be taken pursuant to such condemnation action, then this Lease shall continue in effect with respect to the portion of the Property not so taken, except that the Rent payable shall be reduced by a fraction, the numerator of which shall be the number of acres taken or condemned, and the denominator of which shall be the acreage of the Property prior to such condemnation. 15. Miscellaneous Provisions. 15.1 Invaliditv. If any term or provision of this Lease or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons whose circumstances other than those as to which it is held invalid or unenforceable, shall not be affected. 15.2 Successors and Assigns. Subject to the limitations set forth above, the terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the Parties, their heirs, personal representatives, successors or assigns, and shall run with the land; and where more than one party shall be lessors or lessees under this Lease, the words Page 6 "POST" and "District"whenever used in this Lease shall be deemed to include all lessors or all lessees, as the case may be,jointly and severally. 15.3 Writing. No waivers, alterations or modifications of this Lease or any agreements in connection with this Lease shall be valid unless in writing duly executed by both POST and District. 15.4 Construction. The captions appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs of this Lease or in any way affect this Lease. Any gender used shall be deemed to refer to any other gender more grammatically applicable to the party to whom such use of gender relates. The use of singular shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular. 15.5 Notices. Any notice, demand or request required hereunder shall be given in writing at the addresses set forth below by any of the following means: (a)personal service; (b) telephonic facsimile transmission; (c) nationally recognized overnight commercial mail service; or(d) registered or certified, first class U.S. mail, return receipt requested. If intended for District, shall be addressed as follows: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If intended for POST, shall be addressed to: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4, Suite 135 Menlo Park, CA 94025 Attn: Audrey Rust, President TEL: (650) 854-7696 FAX: (650) 854-7703 Such addresses may be changed by notice to the other Party given in the same manner as above provided. Any notice, demand or request sent pursuant to either clause(a)or (b), above, shall be deemed received upon such personal service or upon dispatch by electronic means(provided, however, that a dispatch by facsimile transmission that occurs on any day other than a business day or after 5:00 p.m. Pacific time shall not be deemed received until 9:00 a.m. Pacific time on the next business day). Any notice, demand, or request sent pursuant to clause Page 7 (c), above, shall be deemed received on the business day immediately following deposit with the commercial mail service and, if sent pursuant to clause(d), above, shall be deemed received forty-eight (48) hours following deposit in the U.S. mail. 15.6 Authority to Sign. The parties executing this Lease on behalf of POST and District represent that they have authority and power to sign this Lease on behalf of POST and District, respectively. 15.7 Indemnification. District and POST each agree to indemnify and hold harmless the other against and from any and all causes, claims, actions or proceedings arising from any breach or default in the performance of any obligation on the other's part to be performed pursuant to the terms of this Lease, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about such claim or any action or proceeding brought thereon. If any action or proceeding is brought against POST or District by reason of any such claim, District or POST,upon notice to the other, shall defend the same at their expense by counsel reasonably satisfactory to the defended entity. 15.8 Broker. POST and District represent to each other that it has had no dealings with any real estate broker or agent or finder in connection with this Lease and each shall indemnify and defend the other from and against any and all claims for commissions or finder's fees that may be claimed as a result of the action of either party. 15.9 Entry by POST. POST reserves and shall at any and all times have the right to enter the Property at reasonable business times upon giving at least forty-eight (48)hours' prior written or oral notice to District, to inspect the same for compliance with this Lease or to post notices of nonresponsibility, except in the event of an emergency for which notice will not be required, all without being deemed guilty of an eviction of District and without abatement of Rent,provided that the use of the Property by District and its employees, licensees and invitees shall be interfered with as little as is reasonably practicable. 15.10 Quiet Enjoyment. So long as District shall perform the terms to be performed by District hereunder, District shall have the absolute peaceful, quiet use and possession of the Property without interference or hindrance on the part of POST until the termination of this Lease and the end of the Lease Term. 15.11 Estoppel Certificate. POST and District shall, at any time and from time to time upon not less than twenty(20) days' prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing(a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified, is in full force and effect) and the dates to which the Rent and other charges are paid in advance, if any, and(b) acknowledge that there is not, to such party's knowledge, any uncured defaults on the part of the other party, or specifying such defaults, if any, that are claimed, and(c) certifying such other items as any party may reasonably request. The failure of either party to deliver such statement within such time shall be conclusive upon the other party(a)that this Lease is in full force and effect, without modification except as may be represented by POST, (b)that there are no uncured defaults in the other party's performance, and (c) that not more than one month's Rent has been paid in advance. Page 8 15.12 Conflict of Laws. This Lease shall be governed by and construed pursuant to the laws of the State of California. 15.13 Attorneys' Fees. If either party should bring suit or seek arbitration under this Lease, or because of the breach of any provision of this Lease, then all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action or arbitration and shall be enforceable whether or not the action is prosecuted to judgment. 15.14 Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of POST or District to insist upon the performance by District or POST in accordance with said terms. 15.15 Time. Time is of the essence with respect to the performance of every provision of this Lease in which time or performance is a factor. 15.16 Prior Agreements. This Lease contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 15.17 Amendments. No provision of this Lease may be amended or added to except by an agreement in writing signed by the Parties or their respective successors-in-interest. 15.18 Applicable Law-, Severabilit . As used herein the term"all Applicable Laws" shall mean and refer to all state, federal and local ordinances, statutes and laws including but not limited to all such statutes, laws and ordinances referred to in Section 16.2 below. Any provision of this Lease that shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provisions hereof, and such other provisions shall remain in fall force and effect. 15.19 Signs. With POST's prior consent (which consent shall not be unreasonably withheld or delayed), District shall have the right to place signs on or about the Property so long as such signs comply with all Applicable Laws, including applicable zoning laws. 16. Hazardous Substances. 16.1 Use. District shall not store, use, generate, transport, introduce, or dispose of any Hazardous Substances in or on the Property, or knowingly allow or permit any other person or entity to do so, except in compliance with all Applicable Laws, including any obligation to notify POST of same, except that District may store,use, generate, transport, introduce, or dispose of such quantities of Hazardous Substances normally used for the purpose of District's routine and customary janitorial,pest control, and vegetation management and control operations. District shall submit to POST copies of all permits, reports, or other documentation pertaining to Page 9 Hazardous Substances, if any, submitted by District to any governmental agency at the same time such documents are submitted to the governmental agency. 16.2 Definition. "Hazardous Substances" means any hazardous substance, pollutant, or contaminant as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended and reauthorized, hydrocarbon and petroleum products and byproducts;pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, as amended; asbestos,polychlorinated biphenyl and other substances regulated under the Toxic Substances Control Act, as amended; chemicals and compounds subject to the Occupational Safety and Health Standards, Hazard Communication, as amended; radioactive materials or radioactive wastes; toxic wastes under the Resource Conservation and Recovery Act, as amended; hazardous substances as defined in Chapter 6.5, Division 20 of the California Health and Safety Code, and any other hazardous substance, pollutant or contaminant defined in regulations promulgated pursuant to statutes described above. Hazardous Substances shall not include any substance that occurs naturally in the soil or the Property or in the groundwater thereunder. 16.3 District's Obligations. District shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances to the extent required by all Applicable Laws with respect to Hazardous Substances. 16.4 District's Indemnity. District shall indemnify, defend, and hold POST harmless from any expenses, fees, claims, liabilities or costs arising from, and shall perform(or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to any Hazardous Substances, to the extent required by any Applicable Laws with respect to Hazardous Substances. 16.5 POST's Obliizations. POST shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances introduced or permitted to be introduced in, on, or under the Property by POST or any of its employees, agents, contractors, invitees, or licensees ("POST Hazardous Substances") to the extent required by any Applicable Laws with respect to Hazardous Substances. 16.6 POST's Indemnity. POST shall indemnify, defend, and hold District harmless from any expenses, fees, claims, liabilities or costs, and shall perform(or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to Hazardous Substances arising from any POST Hazardous Substances. 16.7 Survival. POST's and District's obligations under this Article 16 shall survive the expiration or earlier termination of this Lease, including, without limitation, any termination resulting from any default by POST or District under the Lease. 17. Arbitration of Disputes. If a dispute arises out of or relates to this Lease or the performance or breach thereof, the parties agree first to participate in non-binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to Page 10 mediation, any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et seq. Hearings shall be held in San Mateo County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. POST INITIAL DISTRICT INITIAL IlI Page I 1 Lease and Management Agreement POST AND DISTRICT, by their execution below, indicate their consent to the terms of this Lease. DISTRICT: POST: MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST, a SPACE DISTRICT, a Public District California non-profit public benefit corporation formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public By: Resources Code Audrey Rust Its: President By: L. Craig Britton Date: Its: General Manager Date: APPROVED AS TO FORM: By: Susan Schectman, General Counsel Date: ATTEST: By: Sally Thielfoldt, District Clerk Date: Page 12 Exhibit A DESCRIPTION Tne land herein referred to is situated in the State of California, County of San Mateo, and is described as follows; Portion of the Southeast 1/4 of Section 34, Township 7 South, Range 3 West, Mount Diablo Base and Meridian, described as follows: BEGINNING at the Southeast corner of said Section 34; thence North UO 181 36" West along the Easterly line of said Section 34, 1333.78 feet to the true point of beginning; thence continuing North 00 181 36" West 1333.77 feet; thence North 880 021 38" West 1273.99 feet; thence South 0* 021 43" West 1344.27 feet; thence South 88* 31'#,# 36" East 1281.96 feet to the true point of beginning. Foregoing being portion of the parcels of land designated on the Map of Record of Survey for Greendyke Investments, Inc. , filed September 15, 1971 in Book 7 of Licensed Land Surveys, Page 83, xecords bf San Mateo County, California. A. P. U85 12U 210 Regional Open S. ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-87 Meeting 02-14 June 26, 2002 AGENDA ITEM 3 AGENDA ITEM Informational Report on the La Honda Creek Watershed Ve tati -Mapping Project GENERAL MANAGER'S RECOMMENDATION Accept the informational report on the L�-Fonda Creek wat ed vegetation-mapping project. DISCUSSION At your May 9, 2001 meeting, you authorized the General Manager to enter into a contract with Aerial Information Systems (AIS) to create a vegetation map of La Honda Creek watershed and adjacent open space lands in the upper San Gregorio Creek watershed(see report R-01-58). In addition, the District contracted with local botanist Tamara Kan to "ground truth"the draft map and provide quality control. AIS produced an extremely detailed and accurate vegetation map that organizes separate classification developed b the California Native Plant vegetation types into an ecologicalc ass p y Society(see attached Exhibits A-D; color versions of the maps are available for review at the District Administrative Office). AIS's methodology included interpretation of recent stereoscopic aerial imagery, field work to correlate the imagery with the actual vegetation types, and on-going coordination with staff and Tamara Kan to refine the map based on field verification and ground truthing. Once the initial field work and aerial photo interpretation was completed, the vegetation data were transferred into GIS format and final maps were produced. The GIS-based vegetation data will be incorporated into a number of current projects, including the La Honda Creek Master Plan,the El Corte de Madera Sedimentation Assessment, and the District-wide inventory of non-native invasive plant species. Prepared by: Ruthie Harari-Kremer, Planning Technician Contact Person: Matt Freeman, Planner II 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,Larry Hassett,Kenneth C.Nitz - Genera!Manager:L.Craig Britton CLASSWICATION OF VEGETATION TYPES ACRES �LA HONDA CREEK WATERSHED 1000FORESTS ~ / 1100 Temperate Broadleaf Sclerophyil Evergreen Forests VEGETATION MAP 1101 Lower Elevalwn Mixed Broadleaf Hardwoods 916 \ 1102 Higher Elevator,Mixed Broadleaf Hardwoods 672 1140 Tancel,Series 300 7150 Eucalyptus Swiss 103 1200 Temperate Needleleef Evergreen Forests 7201%enletl Stands or Pine 70 t 1210 Redwood Series 1.854 1211 Redwood/Tanoak Assocation 3.397 1220 Dangles-fir Series 759 •'•ti•-""� sh �• / ®1227 Douples-fir/Mxed Hard woods Mapping Unit 4,172 1 r•. 1223 Douglas-firCoasl Redwood Association 1.711 1300 Tomporrdly Flooded Cold Season Deciduous Forests 1330 Mxed Wnbw 258 7340 Red Aide,Series 264 A /•,• .r•. / J' 2000 WOODLAND 2100 Xedc SclerophYll Evergreen Woodlands 351 - /,• \ H S4 '—.. --�' -2110 Coast live Oak Series 2,374 k Rd. ` 2200 Cold season D.d&.u.Woodland. 2220 California Buckeye Sane. 402 3000 SHRUBLANDS 1f � _ •` 3700 Temperate Broadleaf Sol eraphNl Evergreen Shrublands El M„,M&W i 3101 He sclemphyllous Mxed Chaparral 126 Open Space Preserve Corte Madera ` �� �. lm 3200 Temperate Mcrophyllous Evergreen Smubland '-1 +•\ 3210 BroomSerles 1e 3220 Coyote Brush Series 405 3221 Coyote Brush Mesc Stands 2.228 *3' ' 3222 Coyote Brush Xerc Stands 535 _� -- se 9 �. -- 3223 Coyote Brush Open Stands 716 34W Temperate Broadleaf Cold Season Deciduous Shrubland , 3410 Poison Oak Series 96 4000 HERBACEOUS 4100 Saturated Temperate Perennial Gram naids 4110 Called Series 2 La Honda Creek 4200 Seasonally or Temporarily Flooded Graminoids Open Space Preserve 4210 saalga una Meadow Map ping r,e Unit 6 �'-'' •\ �e'i.',- { ,` , 4300 Tell Temperate Annual Gremmo ds 4310 California Annual Grassland.Sexes 7,189 o 4330 yellow Steer thn,tle Sines 111 44(X1 Tall Temperate Perennial G,am voids / 4401 Weedy Ruderal 913 `� •� mlo Handling Gera..sane. ss •', ,'1 3'`_, _ �.... 4420 Meadow Bally Seri.. 5 9000 LAND USE I UNVEGETATED y f \- py. '>..,. , II■� �" /• 8200 Agriculture 341 9300 Built-up I Urban Dtslurbance 1.228 r 1 8 4 W10 Landslides 12 W20 CIi6sRock Outcrops 8 9810 Reservoirs 2 >�9620 Small Ephemeral Ponds 53 1 TOTAL 30,505 Russian Ridge Open Space Preserve j s 4 35 ' 84 % , I I 1 Miles { 9?95,000 EXHIBIT A CLASSIFICATION OF VEGETATION TYPES ACRES LA HONDA CREEK I 1000 FORESTS 1100 Temperate Broadleaf Sclerophyll Evergreen Forests OPEN SPACE PRESERVE i 1101 Lower Elevation Mixed Broadleaf Hardwoods 116 1140 Tanoak Series 16 VEGETATION MAP �..q a 1200 Temperate Needleleat Evergreen Forests �'!!4ique Creek tz ,!1201 Planted Stands of Pine 1 -1210 Redwood Series 129 1211 Redwood/Tanoak Association 597 1221 Douglas-fir/Mixed Hardwoods Mapping Unit 56 .......... 1223 Douglas-firCoast Redwood Association 203 1300 Temporarilly Flooded Cold Season Deciduous Forests 1330 Mixed Willow 2 35 84 1340 Red Alder Series 1 ~ 2000 WOODLAND •` 2100 Xeric Sclerophyll Evergreen Woodlands '\ �. =2110 Coast Live Oak Series 179 1223 2200 Cold Season Deciduous Woodlands -2220 California Buckeye Series 7 -'•\ 3000 SHRUBLANDS 3100 Temperate Broadleaf Sclerophyll Evergreen Shrublands . `3101 Hemi-sclerophyllous Mixed Chaparral 5 3200 Temperate Microphylbus Evergreen Shrubland 122 -3220 Coyote Brush Series 58 .!. 122� - ®3221 Coyote Brush Mesic Stands 26 3222 Coyote Brush Xeric Stands 6 3223 Coyote Brush Opan Stands 26 1 ,•, 1 ;�, ' 4000 HERBACEOUS 4300 Tall Temperate Annual Gramirgids 4310 California Annual Grasslands Series 479 1223 23 1221 4400 Tall Temperate Perennial Grammoids 4401 Weedy Ruderal 116 900 LAND USE/UNVEGETATED -9300 Built-up/Urban Disturbance 16 f 9410 Landslides 1 w p / - •'�"� 6 a 9420 CliffsRock Outcrops 3 /- 4310 1,9620 Small Ephemeral Ponds 1 22 1223 TOTAL 2.050 j 4401 / •.. i'' 35 3101 ., i322 3222",=.. �•��. 91320 1 332 ] o: 0 0 3224 3 0 1 1223 4310 4310 9 3223 44 ,. •� - 1223 4401 21t / 221 2 i Miles 11 9420 3223,' . �.. �•" 0 0.15 g3 0.6 0.9 1:28,000 EXHIBIT B _.� 35 CLASSIFICATION OF VEGETATION TYPES ACRES EL C O RT E DE M A D E RA 1000 FORESTS 1100 Temperate Broadleaf Sclemphyll Evergreen Forests OPEN SPACE PRESERVE / =1140 Tanoak Series 215 VEGETATION MAP 1200 Temperate leaf Evergreen Forests 1210 Redwood Ser Series 17 / 1211 Redwood/Tanoak Association 1.415 jtJnitas � .'a 1220 Douglas-fir Series 15 � -� CAle / ®1221 Douglas-fir/Mixed Hardwoods Mapping Unit 371 1223 Doug las-firCoast Redwood Association 603 3000 SHRUBLANDS PPPI 3100 Temperate Broadleaf Sclerophyll Evergreen Shrublands f 3101 Herrsclerophyllou5 Mixed Chaparral 42 _-•.,_.• 1 3200 Temperate Miaophyllous Evergreen Shrubland 3210 Broom Series 6 3221 Coyote Brush Mesic Stands 2 4000 HERBACEOUS ��0�.•'� dP MaaOf ,�\. 4300 Tall Temperate Annual Grammoids 2 d�/ 4310 California Annual Grasslands Series 1 _ 1223 4330 Yellow Star-thistle Series 5 900 LAND USE/UNVEGETATED / 1220 l 1 / j�+ i•-^"--...,,..J -9300 Built-up/Urban Disturbance 5 4 TOTAL 2,697 122 ••�,, 1223 �� / IF 23 t i 1 12f r 1221 �$1 3 31© w a l _ . 1223 1223 _ 6 3O 35 t� 1012�r.r,�9 4 � � v #1 . 1223 t 1211 1221 gip f ti 1221 1223 3 .3 NL je 1 434D J — Miles 0 0.1 0.2 0.4 0.6 0.8 1:25,000 EXHIBIT C R S V I A N RIDGE CLASSIFICATION OF VEGETATION TYPES ACRES 1000 FORESTS 1100 OPEN SPACE PRESERVE Temperate Broadleaf axed Broadleaf l Evergreen Forests 1101 Lower Elevation Mixed Broadleaf Hardwoods 96 VEGETATION MAP -1221 Higher Elevation Mixed Broadleaf Hardwoods 370 , 1221 Douglas-fir/Mixed Hardwoods Mapping Unit 402 j 1340 Red Alder Series 9 2000 WOODLAND -\ �.--"•�• �p/fie A -2220 California Buckeye Series 25 3000 SHRUBLANDS �� Mp'+ 3100 Temperate Broadleaf Sclerophyll Evergreen Shrublands 3101 Hemi-sclerophyllous Mixed Chaparral 1 GOB! \C�FfJ 3200 Temperate Microphyllous Evergreen Shrubland 3220 Coyote Brush Series 7 /•" �• ` 3221 Coyote Brush Mesic Stands 4s 23 �'• '\ 3222 Coyote Brush Xeric Stands 1 ,eo 3223 Coyote Brush Opan Stands 72 3223,`j y \ ' 3400 Temperate Broadleaf Cold Season Deciduous Shrubland / 1 3410 Poison Oak Series 5 I 1.HERBACEOUS 4300 Tall Temperate Annual Graminoids 4310 California Annual Grasslands Series 479 I 1110 Yellow Star-thistle Series 6o -,--- 2 r 4400 Tall Temperate Perennial Graminoids �1 1 4401 Weedy Ruderal 99 a2 1 4410 Harding Grass Series 34 3223 -`+ 4420 Meadow Barley Series 4 1,J1 r 900 LAND USE/UNVEGETATED 4410 -9300 Built-up/Urban Disturbance 6 3 w A � 9410 Landslides 1 9420 CliOsRock Outcrops 3 4401 / TOTAL 1,B00 4310 3 _ 40 Q 1 35) QaA 4401 4401 4 0 Steve,, aa _ SCreek a 441 Ii r 1221 4330 ' 3224s ` 4330`.,, 33- "322T _. CD t 122 4310 C � a � � 1 Miles f 0 0.125 0.25 / 0.5 0.75 1:25,000 �( EXHIBIT D Regional Open St- _ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-86 Meeting 02-14 June 26, 2002 AGENDA ITEM 4 AGENDA ITEM Approval of the Notice of Completion of Contract for of the Red Barn Located in La Honda Creek Open Space Preserve GENERAL MANAGER'S RECOMME Authorize the President of the Board, or other appropriate officer,to execute the attached Notice of Completion and Acceptance of Work for the lead based paint-stabilization,minor dry rot repairs,and painting of the Red Barn at La Honda Creek Open Space Preserve. DISCUSSION At your April 24, 2002 meeting,you authorized the General Manager to enter into a contract with Crystal Springs Painting Co.,Inc. of Woodside to do the lead paint removal and painting project on the Red Barn for the base bid amount of$19,493.59 plus a contingency amount of$2,000, for a total contract amount not to exceed$21,493.59 (see Report R-02-57). The work done by Crystal Springs Painting Co., Inc. included labor and materials to stabilize the lead based paint,perform repairs,and paint the barn. Lead based paint stabilization involved scraping and removing lead based paint chips from the structure and the immediate surrounding area,removing and properly disposing of dry rotted siding and trim containing lead based paint, and performing pressure washing of the entire building. The repairs involved replacing siding and some trim, applying caulk as required, and applying epoxy to fix areas of localized dryrot damage. Then the entire structure was painted to specifications, including hand painting the soffit areas to minimize disturbance to the bat community. Staff provided a continuous presence on site during the contract period to assure compliance with schedules, specifications, and special conditions of the contract. After conducting a final inspection with Stanley Reynolds Consulting,to ensure the standards of lead paint cleanup were met, staff has accepted the work as complete. Staff is very pleased with the performance of Crystal Springs Painting Co., Inc. The total cost of the contract was$21,493.59. The District shall withhold a ten percent retention of$2,149.36,to be paid thirty-five days after completion and formal acceptance of the work. This allows adequate time to review evidence of payrolls,material bills,and other indebtedness connected with the project and ensure that they have been paid. Prepared by: Sumudu Welaratna,Planning Technician Contact Person: John Cahill, Open Space Planner II 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 oww a.:" Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • Genera!Manager:L.Craig Britton when recorded mail to: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: Planning Dept. DULY RECORDED WITHOUT FEE Pursuant to Government Code NOTICE OF Sections 6103, 27383. COMPLETION I By: NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, as Owner therein, and Crystal Springs Painting Company, Inc., as Contractor therein, bearing the date April 24, 2002 for Lead paint stabilization, minor siding repair, and re- painting of the Red Barn at La Honda Creek Open Space Preserve located at San Mateo County, State of California, was completed on the 12th day of June, 2002. That the title of said District to the real property upon which said work and contract was performed is that of fee title. That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022. That the site address of said work is as follows: 150 La Honda Road (Route 84), Woodside, CA, APN#078-280-020. BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C. Deane Little President, Board of Directors Dated Signed in Los Altos, California (SPACE ABOVE THIS LINE FOR RECORDER'S USE) B I ""t U T NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK DOCUMENT TITLE SEPARATE PAGE,PURSUANT TO GOVT.CODE 27361.6 Regional Open Sj ce ----------e---- R-02-70 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-14 June 26, 2002 AGENDA ITEM 5 AGENDA ITEM Calling of District Elections in Wards 1, 2, 5, and 6, and Requests for Election Consolidation Services from Santa Clara, San Mateo, and Santa Cruz Counties GENERAL MANAGEWS RECOMMEND I Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services— Santa Clara County,Wards 1, 2, and 5. 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services— San Mateo County,Wards 5 and 6. 3. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services— Santa Cruz County,Ward 2. 4. Reconfirm Section 2.12 of your Rule of Procedure regarding a maximum of 200 words per candidate statement and payment of candidates' statements in those wards where two or more candidates have qualified to appear on the ballot. 5. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District authorizing not listing any unopposed candidate for election on the November 5, 2002 ballots of Santa Clara, San Mateo and Santa Cruz Counties. DISCUSSION Voters in four of the District's seven wards are scheduled to elect Directors this November. Thew wards and their current Directors are: WARD GENERAL DFACRUMON INCUMBENT I Los Gatos, Saratoga,Monte Sereno, portions of Cupertino P. Siemens and unincorporated areas of Santa Clara g2un 2 Los Altos,Los Altos Hills, and portions of Cupertino, M. Davey Sunnyvale, Stanford, and a portion of an unincorporated area of Santa Cruz County 5 Palo Alto,East Palo Alto, and p2!1jons,of Stanford N. Danko 6 Menlo Park, Atherton,Portola Valley, Woodside, portions L. Hassett of Redwood City, and unincorporated areas of San Mateo 1 County 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,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton R-02-70 Page 2 The attached Exhibit A map shows the current ward boundaries. Calling the Election—Requesting Consolidation Services. In preparation for the November 5 general election, it is necessary for you to call an election in the District and request election consolidation services from Santa Clara,.Santa Cruz and San Mateo Counties. The nomination period for the election will open on Monday, July 15 and close on Friday, August 9. If an incumbent who is eligible fails to file for reelection,the voters have until 5:00 p.m. on Wednesday, August 14 to nominate candidates other than the incumbent. Payment of Candidate Statement—200 Word Maximum. The District Clerk must also relay to the Registrar of Voters in each County the Board's policy regarding payment of candidates statements and number of words to be included in each statement. Section 2.12 of your Rules of Procedure gates that in those wards where two or more candidates have qualified to appear on the ballot, candidates' statements of qualifications up to a maximum of 200 words, shall, if requested, be provided by the District at its expense pursuant to the Elections Code of the State of California, and no such candidate shall be billed for availing himself or herself of these services. Opting Not to Permit Candidates Running Unopposed to Have Their Names Appear on the Ballot. Section 5532(e)of the District enabling legislation(Public Resources Code) states in part that: "The Board of Directors may permit the candidates running unopposed to have their names appear on the ballot, at the Board's option." Section 2.12 of your Rules of Procedures (Unopposed Candidates and Candidates' Statements)does not incorporate the"at the board's option" language and reads,"In the case where there is a single candidate qualified to appear on the ballot, such candidate shall be permitted to have his or her name on the ballot at no cost to the candidate." State statutes prevail over the District's internal Rules of Procedure. In past election years,the Board has opted not to list unopposed candidates, due to the expense involved (see Reports R-98-74,R-96-57, and R-94-85). Throughout the election process, staff utilizes an effective public communication and outreach program which mitigates any potential loss of public awareness caused by not listing unopposed candidates on the ballot. In the interests of financial conservancy, the Board may wish to exercise its option not to list any unopposed candidates on the ballot for the 2002 election, as it has in the past. District election costs for Wards 1, 2, 5, and 6 were estimated at budget time to be a minimum of $90,000($40,000 for San Mateo County, $50,000 for Santa Clara County, and$100 or less for Santa Cruz County, in which there are only six registered voters). Staff has been notified, however,that since the District's budget was adopted,that due to increased printing costs and the number of required ballot types, the election costs could be 20-50%higher than the original estimates. Prepared by: Lisa Zadek, Assistant District Clerk Contact Person: Sally Thielfoldt,District Clerk MROSD WARD BOUNDARIES BASED ON 2000 CENSUS San Francisco Bay d 1 ., Atherton Pa b » ' c v ._....g.,.-N 11 Menlo Park f Stanford Woodelds 1 Mountain Fih � VIeW Los 4 ��s Portola Attos Valley / Los Alto' s Cupertino Q +. J ,41 L �r'J 14 �` a.•''..1._ \\ Saratoga i s o c sereno i 010 0 Los Gatos n �"y swti 'fir I r' :z LEGEND City Boundary County Boundary Midpeninsula Regional Open Space Preserves c✓M Ward Boundaries Ward 1 Ward 2 Ward 3 Ward 4 Miles Ward 5 0 1 2 4 6 8 Ward 6 1:260,000 Ward 7 Note:information displayed on this map is base on 2000 census data supplied by the U.S.census Bureau EXHIBIT A: OVERVIEW RESOLUTION NO.02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINsuLA REGIONAL OPEN SPACE DISTRICT CALLING AN ELECTION AND REQUESTING ELECTIONS CONSOLIDATED SERVICES—SAWA CLARA COUNTY STATE OF CALIFORNIA ) County of Santa Clara ) WHEREAS, in accordance with Sections 5530 and 5533 of the Public Resources Code, a Biennial Governing Board Member Election has been ordered to be held on Tuesday,November 5, 2002 in the Midpeninsula.Regional Open Space District of Santa Clara County for the purpose of electing three(3)Directors of the Governing Board of the District; and WHEREAS, pursuant to Part 3 (commencing with Section 10400)of Division 10 of the Elections Code, such election may be either completely or partially consolidated. NOW, THEREFORE,the Board of Directors of the Atidpeninsulei Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Sections 5530 and 5533,the Board of Directors of the Mdpeninsula Regional Open Space District does call an election in the District for the elution of three(3)members of the Board of Directors of the District in Wards 1, 2, and 5 on Tuesday,November 5, 2002. 2. That said election be consolidated with the statewide general elution to be held in Santa Clara County on said date. 3. That the elution precincts, polling places, voting booths and election officials in each of the precincts shall,to the extent practicable, be the same as provided for the statewide election on said date, as prescribed by the ordinance, order, resolution, or notice of the Board of Supervisors of said County calling, providing for,or giving notice of such other election and which sets forth such precincts,voting booths, polling places and election officials. 4. That the Board of Supervisors of Santa Clara County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 5. The Board of Directors further requests, pursuant to Elution Code Section 10002,that County election official(s)be authorized to render services to the District relating to the conduct of said elution. The services shall be of the type normally performed by such County elution official(s)in conducting elections including, but not limited to, decking registrations, printing and mailing ballots,ballot arguments, candidates' statements, hiring elution officers and arranging for polling places, and providing and distributing election supplies. 6. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 7. The District Clerk is hereby directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of Santa Clara, and to appropriate County elution officials of said County. ftsmunm No.02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENMULA REGIONAL OPEN SPACE Mmer CALLING AN Eutcrim AND REQUESTING ELECTIONS CONSOLIDATED SERVICES-SAmrA CRuz Coum-i STATE OF CALIFORNIA County of Santa Cruz WIMREAS, in accordance with Sections 5530 and 5533 of the Public Resources Code, a Biennial Governing Board Member Election has been ordered to be held on Tuesday,November 5, 2002 in the Midpeninsula Regional Open Space District of Santa Cruz County for the purpose of electing one(1)Director of the Governing Board of the District; and WIMREAS, pursuant to Part 3 (commencing with Section 10400)of Division 10 of the Elections Code, such election may be either completely or partially consolidated. NOW, THEREFORE,the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Sections 5530 and 5533,the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of one(1)member of the Board of Directors of the District in Ward 2 on Tuesday,November 5, 2002. 2. That said election be consolidated with the statewide general election to be held in Santa Cruz County on said date. 3. That the election precincts, polling places,voting booths and election officials in each of the precincts shall,to the extent practicable, be the same as provided for the statewide election on said date, as prescribed by the ordinance, order,resolution, or notice of the Board of Supervisors of said County calling, providing for, or giving notice of such other election and which sets forth such precincts,voting booths, polling places and election officials. 4. That the Board of Supervisors of Santa Cruz County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 5. The Board of Directors finther requests, pursuant to Election Code Section 10002,that County election official(s)be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County election official(s)in conducting elections including,but not limited to, checking registrations, printing and mailing ballots,ballot arguments, statements, hiring election officers and arranging for polling p and providing and distributing election supplies. 6. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 7. The District Clerk is hereby directed to submit a certified copy of this Resolution to the Board of Supervisors of the County.of Santa Cruz, and to appropriate County election officials of said County. RESOLUTION No.02-_ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING AN ELECTION AND REQUESTING ELECTIONS CONSOLIDATED SERVICES-SAN MATED COUNTY STATE OF CALIFORNIA ) ) ss. County of San Mateo ) WHEREAS, in accordance with Sections 5530 and 5533 of the Public Resources Code, a Biennial Governing Board Member Election has been ordered to be held on Tuesday,November 5, 2002 in the Midpeninsula Regional Open Space District of San Mateo County for the purpose of electing two(2)Directors of the Governing Board of the District; and WHEREAS, pursuant to Part 3 (commencing with Section 10400)of Division 10 of the Elections Code, such election may be either completely or partially consolidated. NOW, THEREFORE,the Board of Directs of the Midpeninsula Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Sections 5530 and 5533,the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of two(2)members of the Board of Directors of the District in Wards 5 and 6 on Tuesday,November 5, 2002. 2. That said election be consolidated with the statewide general election to be held in San Mateo County on said date. 3. That the election precincts, polling places,voting booths and election officials in each of the precincts shall,to the extent practicable,be the same as provided for the statewide election on said date, as prescribed by the ordinance, order, resolution, or notice of the Board of Supervisors of said County calling, providing for,or giving notice of such other election and which sets forth such precincts,voting booths, polling places and election officials. 4. That the Board of Supervisors of San Mateo County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 5. The Board ofDirectors fiukher requests, pursuant to Election Code Section 10002,that County elution official(s)be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County election official(s) in conducting elections including,but not limited to, eking registrations, printing and mailing ballots, ballot arguments, candidates' statements, hiring election offims and arranging for polling places, and providing and distributing election supplies. 6. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 7. The District Clerk is hereby directed to submit a certified copy of this Rmolution to the f the Coon of San Mateo to appropriate n Board of Supervisors o ty app p officials of said Cam. RESOLUTION NO,02- RESoI.irl IoN OF THE BOARD OF DIRECTORS OF THE MIDPENngsuLA REGioNAL OPEN SPACE DISTRICT AUTHORIZING NOT LISTING ANY UNOPPOSED CANDIDATES FOR ELEmoN ON THE NowmuR 5,2002 BALLOTS OF SAN MATEO COUNTY,SANTA CLARA COUNTY,AND SAWA CRUZ COUNTY WHEREAS,the District's enabling legislation states that the Board of Directs may opt not to permit candidates running unopposed to have their names appear on the ballot. NOW, THEREFORE,the Board of Directors of the Midpeninsula Regional Open Space District does hereby opt not to list the unopposed candidates for election on the November 5, 2002 ballots of Santa Clara, San Mateo, and Santa Cruz Counties. I Regional OpenS� re 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-84 Meeting 02-14 June 26, 2002 AGENDA ITEM 6 AGENDA ITEM Adopt Resolution Approving Self-Insurance and Loss Pooling of Workers' Compensation Insurance for District Volunteers Through the California Joint Powers Insurance Authority, and Rescind Resolution No. 02-04 GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution approving the participation of District volunteers in the California Joint Power's Insurance Authority's Self Insurance and Loss Pooling program of workers' compensation insurance and rescind Resolution No. 02-04. DISCUSSION As with our previous commercial carrier, worker's compensation coverage for volunteers must be formally requested by the Board. Since approving the California Joint Power's Insurance Authority's Self Insurance(CAJPIA) and Loss Pooling program at your May 29, 2002 meeting (see Report R-02-78), the CAJPIA has asked that we pass the attached resolution to include volunteers in our coverage. The cost for the volunteer coverage is included in the deposit premium quoted by the CAJPIA. The previous resolution authorizing volunteer coverage by classification, Resolution No. 02-04, is no longer needed, and should be rescinded (see Report R-02-07). Through the CAJPIA, classifications of volunteers is not required; all District volunteers specified as volunteers by the General Manager are covered, during the time the volunteers are actually performing volunteer services for the District. Prepared by: Sally Thielfoldt, Administration and Human Resources Manager Contact Person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org ®, Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PROVIDING WORKERS' COMPENSATION COVERAGE FOR CERTAIN DISTRICT VOLUNTEERS PURSUANT TO THE PROVISIONS OF SECTION 3363.5 AND 3361.5 OF THE LABOR CODE WHEREAS,the lvhdpeninsWa.Regional Open Space District finds its best interest will be served by utilizing volunteers in the provision of certain District services; and WHEREAS, said volunteers should be eligible for worker's compensation insurance while on duty; NOW, THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpemnsula Regional Open Space District does hereby order, and determine the following: 1. Find and determine that the public interest is best served by providing workers' compensation coverage for District volunteer workers as specified by the General Manager, and 2. Provide eligibility for said volunteers for workers' compensation benefits which will be applicable during the time the person actually performs volunteer services;provided, however,that the rights of volunteers shall be limited as set forth in the Labor code; and 3. Resolution No. 02-04 of the Mdpemnsula Regional Open Space District, adopted on January 16, 2002, is hereby repealed in its entirety. I Regional Open .(, ice R-02-88 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-14 June 26, 2002 AGENDA ITEM 7 AGENDA ITEM Approve Appointment of Director Hassett as the District's Representative to the City/County Association of Governments of San Mateo County for the 2020 Peninsula Gateway Corridor Study Policy Advisory Committee GENERAL MANAGER'S RECOMME�ATION Appoint Director Larry Hassett to represent the Midpeninsula Regional Open Space District on the Policy Advisory Committee for the City/County Association of Governments of San Mateo County for the 2020 Peninsula Gateway Corridor Study. DISCUSSION On May 21, 2002 the District received a letter from the City/County Association of Governments of San Mateo County requesting that the District provide two representatives for two committees they have established for the 2020 Peninsula Gateway Corridor Study. The committees are the Policy Advisory Committee and the Technical Advisory Committee. The Policy Advisory Committee will consist of elected officials and will provide policy advisory recommendations to the Project Manager. The Technical Advisory Committee will consist of technical representatives and provide technical advisory recommendations to the Project Manager. The first order of business will be to review and make recommendations regarding the specific scope of work for the planning study. It is recommended that you approve the appointment of Director Hassett to the Policy Advisory Committee. I will be asking Ana Ruiz, Open Space Planner I, to attend the Technical Advisory Committee on behalf of the District. Prepared by: _ Lisa Zadek, Senior Administrative Assistant V Contact person: L. Craig Britton, General Manager 330 Distel Circle • Los Altos,CA 94022-1404 Phone: 650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org ftmzi 0".0 T Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C. Nitz • General Manager:L.Craig Britton Regional Open ice t 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I R-02-85 Meeting 02-14 June 26, 2002 I i AGENDA ITEM 8 AGENDA ITEM I Cancel the July 10, 2002 Regular Meeting of the Board 7o * ors and Schedule a Special Meeting on Wednesday, July 31, 2002 I GENERAL MANAGER'S RECOMMENDATIONS 1. Approve cancellation of the Julyy'le—, 2902 Regular Meeting of the Board of Directors. 2. Schedule a Special Meeting of the Board of Directors for Wednesday, July 31, 2002. DISCUSSION During the summer vacation months staff looks at the calendar to make sure there are a sufficient number of meetings to complete Board business while trying to accommodate staff holiday and vacation schedules. As a result of the District's office being closed on Thursday, July 4, 2002, many District staff have requested days off during this week's normal packet preparation. Therefore, staff reports have been adjusted to either come before the Board at the June 26, 2002 Regular Meeting or the July 24, 2002 Regular Meeting. Therefore, staff recommends that the Regular Meeting of July 10, 2002 be cancelled. As a result of the release of the draft EIR for the coastal annexation, a Special Meeting of the Board of Directors will be called for Wednesday, July 31, 2002 at 7:30 p.m. regarding the proposed coastal annexation project to receive comments during the draft EIR review period. Prepared by: Lisa Zadek, Assistant District Clerk Contact person: Sally Thielfoldt, District Clerk 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 tmg ®F`�" Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Claims No. 02-11 Meeting 02-14 June 26, 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3968 11,107.00 2M Associates San Mateo Coastal Annexation 3969 325.00 Aaron's Septic Tank Service Sanitation Services 3970 1,149.91 Acme&Sons Sanitation Sanitation Services 3971 527.29 Allied Auto Works Vehicle Service and Repairs 3972 172.41 AT&T Telephone Service 3973 331.65 AT&T Wireless Cellular Phones&Service 3974 3,162.00 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 3975 333.23 Bicycle Outfitter Bicycle Tools&Parts 3976 150.00 Bowerman Electric Electrical Repairs-Skyline Rental 3977 426.60 Brian J. Hayman Property Damage Claim 3978 50.00 *1 California Society of Municipal Finance Officers Training&Seminar 3979 233.61 California Water Service Company Water Service 3980 30.06 Cascade Fire Equipment Company Field Supplies 3981 285.00 Cellotape Inc. Jr. Ranger Strickers 3982 36,204.77 Citation Press Printing-Annual Report&Trail Brochures 3983 3,038.10 *2 Copy Shop Copying/Binding-DEIR&FEIR 3984 21,493.59 Crystal Springs Painting Co., Inc. Red Barn Preparation and Painting 3985 135.34 Cupertino Bike Shop Bicycle Repair&Supplies 3986 601.68 Custom Alignment Vehicle Repairs 3987 90.10 Emergency Vehicle Systems Equipment Repairs 3988 308.54 Forestry Suppliers, Inc. Field Supplies 3989 292.02 Foster Brothers Keys&Locks 3990 19,598.55 Gilpin Geosciences, Inc. Consulting Services -Grading Restoration-FRO 3991 498.00 Green Waste Recovery, Inc. Garbage Service 3992 972.15 Guy Plumbing&Heating, Inc. Water Heater-Rental Unit-Property Management 3993 39.00 Half Moon Bay Review Annual Subscription 3994 380.00 *3 Half Moon Bay Review Advertisement-Public Hearing 3995 5,323.19 Hertz Equipment Rental Equipment Rental and Delivery Fee 3996 142.24 Honda Peninsula Field Supplies 3997 20.00 Institute For Local Self Government Farmland Protection Action Guide Publication 3998 1,926.00 Jacaby Engineering Consulting Services-El Corte de Madera 3999 13,949.53 Jacaby Engineering Consulting Services-Virginia Mill Project 4000 157.00 Jensen, Stephanie Reimbursement-Conference 4001 5,686.05 Kevin Emery Builder Property Management-Rental Repairs 4002 450.00 Killroy Pest Control, Inc. Pest Control 4003 195.09 Kinko's Printing Services 4004 305.33 Lab Safety Supply Field Supplies 4005 209.20 MCI Long Distance Telephone Service 4006 50.00 Merwin Mace Acquisition Consultant 4007 925.30 MetroMobile Communications Radio Repairs&Maintenance 4008 2,119.75 Milstone Geotechnical Consulting Services-Windy Hill 4009 120.00 National Glass Tractor Glass Repairs 4010 1,528.35 *4 Office Depot Office Supplies 4011 2,000,000.00 *** Old Republic Title Company Paulin Acquisition 4012 200.00 On-Site Health&Safety Training-Substance Abuse Awareness 4013 386.27 Overhead Door Repair-FRO Shop 4014 1,589.71 Pacific Bell Telephone Service 4015 4,826.26 Panko Architects Architectural Service-FRO Shop Facility 4016 63.87 Paterson, Loro Reimbursement- Uniform Expense Page 1 Claims No. 02-11 Meeting 02-14 June 26, 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4017 312.00 Peninsula Air Conditioning, Inc. HVAC Repair-Distel Circle-Acquisition Office 4018 760.33 Pine Cone Lumber Siding Material for Red Barn Repair 4019 1,253.87 PIP Printing Fact Sheet&Coloring Book Brochure 4020 255.72 Pitney Bowes Credit Corporation Postage Machine Lease 4021 300.00 Portola Park Heights Property Owners' Assoc. 2002 Road Dues 4022 9.14 Precise Mailing Mailing-'02 Annual Report&Outdoor Activity 4023 2,067.00 *5 Precise Mailing Postage 4024 127.22 Pringle Tractor Company Tractor Repairs 4025 36.13 Rayne Water Conditioner-Rental Unit 4026 272.75 Redwood Trading Post Uniforms 4027 3,191.42 Rick Skierka Survey for Coastal Annexation 4W8 113.27 Roberts Hardware Field Supplies&Equipment 4029 72.31 Roessler, Cindy Reimbursement-Mileage 4030 2,046.05 Roy's Repair Service Vehicle Repairs&Service 4031 77.00 Ruiz, Am Reimbursement-Conference: Env. Permitting 4032 99.22 RV Cloud Plumbing Supplies 4033 40.58 San Jose Mercury News Subscription 4034 369.00 San Jose Water Company Water Service 4035 474.81 *6 Serendipity Land Yachts, LTD Rental Bus for Tour-San Mateo 4036 736.20 Shell Oil Fuel 4037 362.85 Sherwin Williams Paint&Supplies for Red Barn 4038 101.30 Sideman&Bancroft LLP Legal Services 4039 121.24 Silacci's Feed Bam, Inc. Trail Gates 4040 60.35 *7 Sonia's Deli Local Business Meeting Expense 4041 85.00 Speedy Auto&Window Glass Install Tractor Glass 4042 109.50 Statcomm, Inc. Trail Sign 4043 1,386.14 Tadco Supply Janitorial Supplies 4044 64.00 Terminix Pest Control 4045 256.18 Therma Corp. HVAC Repair 4046 130.30 Thielfoldt, Sally Reimbursement-Mileage 4047 45.59 Tony&Alba's Pizza Local Business Meeting Expense 4048 2,000.00 Weintraub, David District Book Authorship 4049 325.16 West Group Legal Books 4050 600.00 Wolfe, Roberta Recording Services 4051 315.00 Woods, Del Reimbursement-Quarterly Mileage Total 2,160,685.37 *1 Urgent Check Issued 6/14/02 *2 Urgent Check Issued 6/12/01 *3 Urgent Check Issued 6/18/00 *4 Urgent Check Issued 6/14/01 *5 Urgent Check Issued 6/19/02 *6 Urgent Check Issued 6/13/03 *7 Urgent Check Issued 6/17/04 In the event Agenda Item#1 is not approved, this claim will not be processed. Page 2 Regional Open Space IVUDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager ----- Date: June 21, 2002 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:6SG691-1200 Fax 650-691-0485 • Email:pro pace.org • Web site: www.openspace.org 5-30-02; 2:06PM;Honorable Anne Eenoo ;660 323 7283 * 2/ 2 WASHINGTON OFFICE COMMITTEE ON ENERGY AND COMMERCE 205 CANNON BUILDING SUBCOMM-rTEES WASHINGTON,DC 2051 5-051 4 Anna 06. I0400. TELECOMMUNICATIONS AND THE INTERNET (202)225.8104 FAX(202)225-0890 1Q4 lgiatrtrf, ifalifurnitt "ADE A TRADE A hRp://www.house.gov/eshoo COMMERCE. AND CONSUMER Congress of hton a Uniteb Otates PROTECTION DISTRICT OFFICE � � WHIP AT LARGE 696 EMERSON STREET A nit-se of &preserit�ctiues CO-CHAIR PALO ALTO,CA 94301 a MEDICAL TECHNOLOGY CAUCUS (650)323-2984 Washington, DQ[ U515-0514 VICE-CHAIR (408)245 2339 DEMOCRATIC BUDGET GROUP FAX(650)323-3498 CO-CHAIR DEMOCRATIC ADVISORY GROUP ON HIGH TECHNOLOGY May 23, 2002 Mr. Lawrence Lansdale,BRAC Environmental Coordinator Southwest Division Naval Facilities Engineering Command 1220 Pacific Highway Code 06CH.LL San Diego,California 92132 Dear Mr. Lansdale, Thank you for the opportunity to once again comment on the proposed cleanup plan for Moffett Federal Airfield Site 25, I would like to reiterate my appeal to the Navy that it investigate al!alternatives, including those that allow for tidal marsh restoration and maximum flexibility for future land use. To that end, I encourage the Navy to work with and collaborate with its colleagues at the U.S. Fish and Wildlife Service to determine the most effective cleanup strategy and future management of the land. Such collaboration will allow for a thorough examination of possible future uses of the land that should be determined before the clean up process begins. As you know, before the construction of dikes and levees the site was originally tidal marshland. The Mid-Peninsula Open Space District which owns the western portion of Site 25 plans to restore tidal flows to the Iand. However, without a uniform plan for full restoration, such work will be without value. The protection and restoration of wetlands is of vital importance to the residents of my Congressional District and our region. I therefore urge the Navy to consider all alternatives and to collaborate with the U.S. Fish and Wildlife Service to find the most useful cleanup strategy. I look.forward to working with you and the U.S.Navy as this process continues. Sincerely, Anna G. Esh Member ongress cc. Mr. Lenny Siegel'. THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS THIS MAILING WAS PREPARED,PUBLISHED,AND MAILED AT TAXPAYER EXPENSE STATE OF CALIFORNIA-THE RESOURCES A(,-..,;Y GRAY DAVIS,Governor OFFICE OF HISTORIC PRESERVATION DEPARTMENT OF PARKS AND RECREATION P.O.BOX 942896 i SACRAMENTO,CA 94296-0001 (916)653-6624 Fax:(916)653-9824 calshpo@ohp.parks.ca.gov I www.ohp.parks.ca.gov I May 28, 2002 i RECEIVED L. Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle W0PLNNSuLaRE�10NAEOPEiq Los Altos, California 94022 SPACE DISTRICT Dear I".^.r. Britton: The State Office of Historic Preservation is pleased to announce the Picchetti Winery Improvements project has been selected for a grant of $50,000. Due to limited amount of First Cycle funds and large number of eligible projects, grant projects may not have received the entire requested amount. Thank you for participating in the California Heritage Fund Grant Program. Please contact Paula Jow, Grants Manager, to relay your acceptance of the grant and to discuss procedures for executing the project contract. Her telephone number is (916) 651-6956. Again, congratulations on your award and thanks for caring about historic preservation! Sincerely, ZL-1 Dr. Knox Mellon State Historic Preservation Officer I Cit j _)f Pc-110 Alta Department of Planning and Community Environment June 3, 2002 RECEIVED Lawrence Lansdale, PE BRAC Environmental Coordinator-Moffett Field/NTC AN N 13 Southwest Division Naval Facilities Engineering Command Base Realignment and Closure Operations MIDPENNSULA REGIONAL OPEN ATTN: Lawrence Lansdale (Code: 06CH.LL) SPACE DISTRICT 1230 Columbia Street, Suite 1100 San Diego, CA 92101-8517 Planning Division Subject: City of Palo Alto Comments on the Proposed Plan for Site 25 Dear Mr. Lansdale, Thank you for the opportunity to review and comment on the Navy's revised proposed plan for cleanup remedy for the Eastern Diked Marsh and Storm Water Retention Basin(SWRB) at Moffett Federal Airfield Superfund Site 25. The City of Palo Alto supports comments being submitted by the Watershed Management Initiative, to which the city is a signatory, and by the Midpeninsula Regional Opens Space District (MROSD), the US Fish and Wildlife Service and the California Department of Fish and Game regarding inadequacy of the proposed treatment plans for the Eastern Diked Marsh and the SWRB. The Navy should develop a remediation alternative that accounts for the restoration of the SWRB and the adjacent diked marshes to tidal wetlands that support fish and wildlife. Approximately twenty-five percent of the SWRB is owned by the MROSD. For many years, the District's published plans for this site have been to restore the site to its natural marshland condition. With the planned acquisition of the Cargill Salt Evaporation Ponds, the SWRB and adjacent diked areas will eventually be surrounded by tidal wetlands. Further, the Moffett Field wetlands are within the acquisition boundary of the Don Edwards San Francisco Bay National Wildlife Refuge. The cleanup should be conducted to a level that would support a restored fish and wildlife habitat as the ultimate fiiture use of the Moffett Field marsh areas. S' erely, 04 Steve slie Director of Planningand Community Environment Y cc: Santa Clara Basin Watershed Management Initiative, 2501 Embarcadero Way, Palo Alto, CA 94030 Midpeninsula Regional Open Space District 250 Hamilton Avenue 330 Distel Circle, Los Altos, CA 94022 P.O.Box 10250 Palo Alto,CA 94303 650.329.2441 650.329.2154 fax Page 1 of 1 MROSD From: "MROSD" <mrosd@openspace.org> To: "Craig Britton"<cbritton@openspace.org>; <targatop@ix.netcom.com>; <daveymob@ix.netcom.com>; <jcy@sesd.org>; <deanelittle@aol.com>; "Larry Hassett"<PAHardware@aol.com>; "Ken C. Nitz" <nitz@csl.sri.com> Sent: Monday, June 10, 2002 12:37 PM Subject: Fw: Thank You Please read the following, from MROSD e-mail Gloria ----- Original Message----- From: "Pam McReynolds" <pmcreynol ds@earthl ink.net> To: <mrosd o,openspace.org> Sent: Monday, June 10, 2002 11:18 AM Subject: Thank You I >Dear Board of Directors, > V >Thank you so much for repairing and painting the red barn in La Honda. It >is once again a source of pleasure and pride for our community. It makes >quite an impression as you come around the bend in the road in either >direction. >Thanks again. >Pam McReynolds RECEIVED J U N 1 0 2002 MIDPENNSULA REGIONAL OPEN SPACE DISTRICT 6/10/2002 l` li __�a,., u.,�..�. .,.,.,. I ?+� .�m. . ._ �.. _.,._ P I I ..r � _a�w �.� � i I I i �� � I f I BPM® BURR, P11,GER & MAN ER I June 14, 2002 Ranger Ken Miller Pulgas Ridge Open Space Reserve 330 Distel Circle Los Altos, CA 94022 Dear Ken: Thank you for your efforts in making our BPM Day a success. Everyone at Buff, Pilger& Mayer appreciates the time you spent with our group to ensure a safe, productive and fun afternoon. After each community volunteer workday, our staff members coulete a survey to express their feelings about their BPM Day experience. After our May 18 workday, everyone expressed a sense of accomplishment and increased pride in their community. The participants stated they enjoyed the opportunity to work with you and said that volunteering at the Open Space Reserve was a valuable experience. Judging from the survey results, this community workday was truly a win/win partnership. Warmest regards, Inez Jac son Marketing Manager 600 CAL!F0PN;,a SNEET 1)'U!-1E ilAE,',AER Of� CPA I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM To: Board of Directors . From: L. Craig Britton, General Manager Prepared By: Douglas Vu, Open Space Planner Date: June 26, 2002 Re: Status Report on Sandstone Projects at El Corte de Madera Creek O.S.P. At your January 30, 2002 regular meeting, you adopted an amendment to the Use and Management Plan for El Corte de Madera Creek Open Space Preserve for the construction of an observation deck and re-route of an existing trail adjacent to the sandstone formation. These were the last remaining projects partially funded under a Recreational Trails Program grant received by the District in 1997 (see Report R-96-76). The deadline to complete these projects and submit all required paperwork for reimbursement was May 24, 2002. The re-routed trail was completed in March and construction of the observation deck wrapped up in mid-May. Staff submitted all the required documentation for reimbursement and met with Department of Parks and Recreation (DPR) officials on May 28 to perform a walk-through and Final Inspection. DPR officials were very pleased with all of the grant-funded projects, including the re-routed trail and observation deck. Staff also met with a San Mateo County building inspector on June 4 for final inspection and sign-off for the observation deck (see attached photographs). The success of these projects has been the result of many hours of collaboration, coordination, and hard work from both Planning and Skyline field staff in order to complete these projects in a short period of time. Staff is currently working on a design for an interpretive sign that will be installed on the deck to inform and educate preserve visitors about this fragile and valuable natural resource. Finally, staff anticipates that a ribbon-cutting event attended by the Board, staff, and invited public officials to celebrate the successful completion of these grant-funded projects will take place at the observation deck later this year. llrr r . � Via.. �_ �+ � � -• .r. ��~ � �t • " / ~' �''' - .. ;- �'�, `''� + `'+l`w,.. .sue'�: • ,w-:..d !'•� �+e e h Y •r A , i ! fir; t� �r 1 i .. . 4 r ! l - ys t. k F OttA �� •n! ,Au 40 a SAW �/.:��A u� tom— f..� ✓ ��r s ti �� 7i�s� ::•i r'i. 4 1 - ' - v> * T •� F �, ; IV 0."e-v# a j ` Regional Open lace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE of BOARD W 0 IR KvSHOP for the Midpeninsula Regional Open Space District's Resource Management Five-Year Strategic Plan Location: Board Room Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA Date: Wednesday, June 26, 2002 Time: 5:30 pm The purpose of the workshop is for the Board and staff to informally discuss the Resource Management Five-Dear Strategic Plan, which identifies high priority resource management goals on the District's preserves for the next five years. This plan includes seven goals regarding planning, mapping, protection and restoration of natural and cultural resources. The goals and associated work activities will be described and discussed with Board members at the workshop. Copies of the Resource Management Strategic Plan are available at www.opens ap ce.org, by calling Ms. Cindy Roessler, Resource Management Specialist, at 650.691.1200, and will be available at the workshop. 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 Lt;� .,tee Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Oper -,)ace ----------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 2892-1June 20, 2002 REVISED COPY The Honorabale Donald Gage, Chairperson The Honorable Blanca Alvarado The Honorabale Peter McHugh The Honorable James Bealle, Jr. The Honorable Liz Kniss Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 Dear Supervisors: On behalf of Midpeninsula Regional Open Space District, I would like to submit the following comments on the proposed trail alignments across Stanford lands. After reviewing alternatives for the C-1 and S-1 trails, the District endorses the Cl-B (Optimal San Francisquito Corridor), and S 1-E (Cherry Stem/Stanford Periphery) alignments as the two trails that provide the best routes for a pleasant trail experience while minimizing intrusion into private property and reducing impacts to the environment. C 1-13 Trail Alignment County staff rated the recreational value of this alignment as "medium to high," and determined that it has a very low environmental impact. To this, the District would like to add that it believes the C 1-B trail alignment provides the safest and most valuable recreational opportunity of all the alternatives selected for the C-1 trail. By utilizing a service tunnel under I-280, it avoids conflicts with vehicles entering and exiting I-280 and also avoids unsafe road and driveway crossings. The Cl-B route also provides recreational opportunities to the future residents of the proposed faculty housing development adjacent to the Stanford Golf Course and does not adversely affect the owners of private property in Stanford Weekend Acres/Happy Hollow. S1-E Trail Alignment The majority of the proposed trail route is highly desirable from a trail user's viewpoint because it follows an attractive route and provides a reasonably direct connection to the Arastadero Preserve. It generally parallels Old Page Mill Road and Matadero Creek in the southerly direction, turning west and gradually climbing through a grassland area, then departing from the Cherry Stem to traverse along a ravine between a dense woodland and open grassland community. At the upper end of the ravine, the trail alignment turns sharply to the east and returns to the Cherry Stem, where it becomes less desirable due to the close proximity of residences and backyards. A highly desirable alternative to the portion of the trail next to 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrbsd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz + General Manager:L.Craig Britton Ili Donald Gage& Supervisors May 39,2982—June 20. 2002 Page 2 the residences would be to connect the trail at the upper end of the ravine directly to the southern segment of SI-B, which is only a short distance of approximately 200 feet. This alignment would offer extremely nice views of the surrounding area and Skyline Ridge. Encroachment of the trail alignment into the Stanford property is limited to roadside frontage along Page Mill Road, Old Page Mill Road, the portion of the Cherry Stem extending west of Matadero Creek, and a small area of pasture near the cattle tunnel. From the upper end of the ravine to the S1-B road and tunnel, a roadside trail could be developed and fenced, thus separating the trail and a small, 12-acre portion of pasture from the vast majority of the rest of the property. The segment of trail along the edge of the ravine would not encroach into the pasture area and both the trail and cattle could be easily fenced to protect the riparian habitat and prevent trail users from trespassing into the pasture. The proposed trail alignment directly west of Matadero Creek could also serve as a year-round firebreak in the area where Charles Carter indicated red-legged frogs may be present. The trail would reduce the need to annually till a firebreak that is currently being done and, most likely, impacting the red-legged frog habitat. The District supports the County's effort to work with the community, other agencies, and Stanford to ensure that the C-1 and S-1 trail aligmments are consistent with the Countywide Trails Master Plan and the requirements for safe, recreational trails. The District believes the C- 1-B and S-1-E alignments best meet the requirements of the Trails Master Plan and are the optimal routes for a pleasant trail experience that also reduces environmental impacts and intrusions into private property. These trail alignments are required under the terms of the Stanford General Use Permit (GUP) as mitigation for Stanford's 5 million square-foot development proposed over the next ten years, and implementation must not be delayed. The District believes that it is appropriate and necessary for the County to advise Stanford that acceptable trail agreements must be brought to the Board of Supervisors within 2 months after the conclusion of the California Environmental Quality Act (CEQA) review process. Sincerely, C. Deane Little, President Board of Directors DL:cw:ak Regional Open Space NUDPENNSULA REGIONAL OPEN SPACE DISTRICT f I I To: Board of Directors From: L. Craig Britton, General Manag Date: June 26, 2002 I Re: FYI's I I I I I I I I I I i i i i i 330 DiAd Circle • Los Alie,CA 94022-1404 • Phone:6SO-691-1200 Fax 650.691-0485 • in pace.org • Web site: www.openspace.org INTEROFFICE MEMORANDUM June 17, 2002 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month May Year 2002 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Auto burglaries 2 Closed area 0 0 HazMat dumping 1 Speed 2 3 Encroachments 2 Helmet 5 13 Night-riding 0 0 ACCIDENTS/INCIDENTS Dogs Bicycle accident 2 Prohibited area 1 2 Equestrian accident 0 Off-leash 6 11 Hiking/running accident 3 Off-road vehicles 0 0 Other first aid 1 Closed area 0 1 Search&Rescue 1 After hours 0 9 Vehicle accident 1 Fishing 2 2 LZ air evacuation 1 Vandalism 0 2 Fire (spot) 1 Parking 12 16 Parking after hours 17 28 ENFORCEMENT Dumping/littering 0 0 Parking citations 29 Campfires 0 0 Other citations 16 Camping 0 0 Written warnings 40 Weapons Arrests 0 Actual contact 0 0 Police assistance 2 Report only 0 1 Evidence of 0 0 MUTUAL AID Smoking 0 1 Accident 5 Gathering 0 4 Law enforcement 1 Off road skateboard 0 1 Landing zone off-site 1 Fire 0 SUMMARY OF SIGNIFICANT INCIDENTS 5 An autistic man ran from his parents and was reported lost in Fremont Older OSP. A. Correia, J. Smith, and Santa Clara County deputies responded. The man was located and reunited with his parents. 10 B. Malone and K. Carlson observed livestock being kept in a fenced encroachment in Bear Creek Redwoods OSP. A report was completed and the matter referred to the Land Protection Specialist. I 10 K. Carlson observed an encroachment in El Sereno OSP. Grading, streambed alterations, and tree cutting had taken place. A report was completed and the matter referred to the Land Protection Specialist and legal counsel. 13 A visitor called in a report that she had heard shots fired in Picchetti Ranch area approximately one hour earlier. Rangers were not able to respond since they were involved in a medical aid. A report was completed. 18 A 20 x20 wildland fire occurred in Sierra Azul OSP. San Jose Fire responded and extinguished the fire. An ignition source was not located. B. Malone and E. Wickham responded to the event. 21 A car parked at Willowbrook and Alpine Road intersection was burglarized. A District ranger and SMSO responded, but the victim had moved the vehicle to the Portola Road lot. Reports were filed. 23 A laptop left in plain view was taken from a vehicle in the Russian Ridge parking lot, as well as cash and credit cards. 24 Four five-gallon containers of an unknown substance that appeared to be oil were dumped in Sierra Azul OSP. San Jose Fire responded and took the material for disposal. B. Malone, K. Carlson, and C. Sparks-Hart responded. May Vandalism 5 Two locks were jammed on a building on the former Air Force base at Mt. Umunhum. The locks were replaced. 28 The new deck at the tafoni sandstone formation was vandalized. Four copper pipes were ripped out and some split rail was broken. No suspects were seen; a report was filed. _ I