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HomeMy Public PortalAbout20021211 - Agendas Packet - Board of Directors (BOD) - 02-23 Regional Open . . we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-23 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:30 p.m. Wednesday,December 11,2002 330 Distel Circle Los Altos, California AGENDA* 7:30 REGULAR MEETING OF THE BOA"OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—D. Little BOARD BUSINESS 7:40* 1 Legislative Briefing by Ralph Heim—C. Britton 8:10* 2 Appointment of Unopposed Candidates in Wards 1,2 and 5 and Declaration and Certification of Elected Candidate in Ward 6;Adopt the Attached Resolutions Appointing Unopposed Ward 1 Candidate Peter W. Siemens,Ward 2 Candidate Mary C.Davey,and Ward 5 Candidate Nonette G.Hanko to a Four Year Term as Ward 1,Ward 2 and Ward 5 Directors, Respectively;Their Four-Year Terms Will Begin on January 6,2003;Adopt the Attached Resolution Declaring and Certifying the Election of Candidate Larry Hassett as Director of Ward 6;His Four-Year Term Will Begin on January 6,2003—S.Thielfoldt 8:20* 3 Adopt the Resolution of the Board Appointing Frances Reneau as a Peace Officer—G. Baillie 8:25* 4 Adopt the Resolution of the Board Re-Appointing Michael Newburn as a Peace Officer—G. Baillie 8:30* 5 Proposed Addition of CHY Property to Mt. Unumhum Area of Sierra Azul 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 Authorizing Purchase of the CHY Property;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report and Naming the Property as an Addition to Mt. Unumhum Area of Sierra Azul Open Space Preserve;Indicate your Intention to Dedicate the Property as Public Open Space at this Time—M.Williams 8:40* 6 Proposed Addition of Peninsula Open Space Trust Property(Loma Prieta Ranch)to Mt. Umunhum.Area of Sierra Azul Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act As Set Out in this Report;Adopt the Attached Resolution Authorizing Purchase of the Peninsula Open Space Trust Property;Tentatively Adopt the Preliminary Use and Management Plan 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 02-23 Page 2 Recommendations Contained in this Report and Naming the Property as an Addition to Mt. Umunhurn Area of Sierra Azul Open Space Preserve;Indicate Your Intention to Dedicate the Property as Public Open Space at this Time-M.Williams 8:55* 7 Dedication Status of District Lands;Adopt the Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes-D.Woods 9:15* 8 Consider Alternative Scheduling for All Regular January Board Meetings Including Those Scheduled for January 8 and January 22,2003; Based Upon the District's Rules of Procedure, Determine that the Date of the Regular Meetings of the Board of Directors Shall be the P and 5'h Wednesdays in Any Month of January in Which There are Five(5)Wednesdays for that Year,Reschedule the Regular Meeting of the Board of Directors from January 22,2003 to January 29,2003 -C. Britton 9:20* 9 Approve"Mid-Year"Amendments to the 2002-2003 Fiscal Year Budget;Accept the District Controller's Mid-Year Financial Report;Approve the Attached Resolution Implementing an Amendment to the 2002-2003 Fiscal Year Budget in Accordance with the Administration and Budget Committee Recommendation;Approve an Increase in the Threshold for the Small Equipment Budget Category from$500 to$5,000-C. Britton 10 Appoint Macias,Gini and Company as the District's Auditors for the Fiscal Year Ending March 31,2003 and Authorize the General Manager to Execute the Engagement Letter in the Amount of$21,032-M.Foster 11 Approval of a New Procedure for Allocating and Administering Personal and Administrative Leave to Employees;Approve the Attached Amendment to Section 6.2 of the District's Personnel Policies and Procedure Manual Regarding Allocation and Administration of Personal and Administrative Leave;Approve an Interim Procedure for Administering Personal Leave for Represented Employees Providing that any Personal Leave Remaining on January 1, 2003 be Carried Over From the Previous Calendar Year-S.Thielfoldt 9:40* INFORMATIONAL REPORTS-Brief reports or announcements concerning pertinent activities of District Directors and Staff. REVISED CLAIMS 10:00* ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. ToADDREssTHERoAR& The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Regional Open . , .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-135 Meeting 02-23 December 11, 2002 AGENDA ITEM 1 AGENDA ITEM Legislative Briefing by Ralph Heim GENERAL MANAGER'S REC0MMENDA' TtQ�,;_C No action is requested. DISCUSSION Ralph Heim of Heim, Noack, Kelly and Spahnn, the District's legislative advocate in Sacramento, will attend your December 11, 2002 meeting. He will be discussing the outcome of November's election and its possible effect on the upcoming legislative session. Prepared by: L. Craig Britton, General Manager Contact person: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org Web site:www.openspace.org ( O2RE°' Board of Directors: Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz • Genera!Manager:L.Craig Britton Regional Open ice R-02-130 Meeting 02-23 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 11, 2002 AGENDA ITEM 2 AGENDA ITEM Appointment of Unopposed Candidates in Wards 1, 2 and claration and Certification of Elected Candidate in Ward 6 GENERAL MANAGER'S RECOMMENDAT 1. Adopt the attached resolutions appointing unopposed Ward 1 candidate Peter W. Siemens,Ward 2 candidate Mary C. Davey, and Ward 5 candidate Nonette G. Hanko to a four-year term as Ward 1,Ward 2, and Ward 5 Directors, respectively. Their four-year terms will begin on January 6, 2003. 2. Adopt the attached resolution declaring and certifying the election of candidate Larry Hassett as Director of Ward 6. His four-year term will begin on January 6, 2003 DISCUSSION The District Clerk has received the canvass of votes for the position of District Director from the General Election of November 5, 2002. It is now in order for the Board to appoint unopposed candidates who have been nominated. Section 5532(e) specifies that the Board of Directors shall make the appointment and that the person appointed shall qualify and take office and serve exactly as if elected for office. It is also in order to declare and certify the election of Director Hassett to Ward 6. Peter W. Siemens of Los Gatos is the unopposed candidate nominated for the position of Director in Ward 1. Mary C. Davey of Los Altos Hills is the unopposed candidate nominated for the position of Director in Ward 2. Nonette G. Hanko of Palo Alto is the unopposed candidate nominated for the position of Director in Ward 5. At your June 26, 2002 Regular meeting, you adopted Resolution 02-23 opting not to list any unopposed candidates on the November 5, 2002 General Election ballot. On November 5, 2002, Larry Hassett was elected Director of Ward 6. The election was certified by the Chief Elections Officer and Assessor-County Clerk-Recorder of the County of San Mateo on November 29, 2002. Mr. Hassett ran opposed by Jack Hickey of Redwood City. The final result of the votes cast is 12,311 to 6,190 in favor of Mr. Hassett. In accordance with other provisions of Section 5532, certificates of election shall be issued, and the Oath of Office will be administered within 30 days of the appointment, and at least 15 days before the start of the January term. Pursuant to the Elections Code, all four candidates will commence their four(4)-year term on the first Monday in January,or January 6, 2003. Prepared by: Lisa Zadek, Assistant District Clerk Contact Person: Sally Thielfoldt, District Clerk 330 Distel Circle e Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 e E-mail: mrosd@openspace.org • Web site: www.openspace.org Azrg oFM-ES, Board of Directors: Pete Siemens,Mary C. Davey,Jed 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 "POINTING DIRECTOR—WARD I OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director—Ward I of the Midpeninsula Regional Open Space District was scheduled to be held on November 5,2W2;and WHEREAS,at five o'clock p.m. on the 83d day prior to the date of said election only one person had been nominated for the position to be filled at that election and a petition signed by ten percent(101/o)of the voters or fifty voters,whichever is the smaller number, in Ward I of the District,had not been presented to the District Clerk requesting that an election be held;and WHEREAS,Peter W. Siemens was unopposed as a candidate for Director—Ward 1; NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District,that,pursuant to and in accordance with Section 5532 of the Public Resources Code, Peter W. Siemens is appointed Director—Ward I of said District, is duly qualified for the office of Director—Ward I of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 11,2002 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this 1 lth day of December, 2002 by the following vote: AYES: NOES: ABSENT: ATTEST: C.Deane Little,President Larry Hassett, Secretary Board of Directors Board of Directors Sally Thielfoldt,District Clerk RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT "POINTING DIRECTOR—WARD 2 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS,an election for the office of Director—Ward 2 of the Midpeninsula Regional Open Space District was scheduled to be held on November 5,2002;and WHEREAS,at five o'clock p.m. on the 83d day prior to the date of said election only one person had been nominated for the position to be filled at that election and a petition signed by ten percent(I 01/o)of the voters or fifty voters,whichever is the smaller number, in Ward 2 of the District,had not been presented to the District Clerk requesting that an election be held; and WHEREAS,Mary C. Davey was unopposed as a candidate for Director—Ward 2; NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District,that,pursuant to and in accordance with Section 5532 of the Public Resources Code, Mary C.Davey is appointed Director—Ward 2 of said District,is duly qualified for the office of Director—Ward 2 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 5,2002 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this I Ith day of December, 2002 by the following vote: AYES: NOES: ABSENT: ATTEST: C. Deane Little,President Larry Hassett, Secretary Board of Directors Board of Directors Sally Thielfoldt,District Clerk RESOLUTION NO.02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT "POINTING DIRECTOR—WARD 5 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS,an election for the office of Director—Ward 5 of the Midpeninsula Regional Open Space District was scheduled to be held on November 5,2002;and WHEREAS, at five o'clock p.m. on the 83rd day prior to the date of said election only one person had been nominated for the position to be filled at that election and a petition signed by ten percent(101/o)of the voters or fifty voters,whichever is the smaller number, in Ward 5 of the District,had not been presented to the District Clerk requesting that an election be held;and WHEREAS,Nonette G.Hanko was unopposed as a candidate for Director—Ward 5; NOW,TBEREFORE,BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District,that,pursuant to and in accordance with Section 5532 of the Public Resources Code, Nonette G.Hanko, is appointed Director—Ward 5 of said District, is duly qualified for the office of Director—Ward 5 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 5,2002 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this I Ith day of December,2002 by the following vote: AYES: NOES: ABSENT: ATTEST: C.Deane Little,President Larry Hassett, Secretary Board of Directors Board of Directors Sally Thielfoldt,District Clerk RESOLUTION NO. 02-' RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DECLARING AND CERTIFYING THE ELECTION FOR DIRECTOR—WARD 6 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS,an election for the office of Director—Ward 6 of the Midpeninsula Regional Open Space District was held on November 5,2002;and WHEREAS,on November 26, 2002,the Chief Elections Officer and Assessor-County Clerk-Recorder of the County of San Mateo certified the election by submitting to the Board of Directors of the Midpeninsula Regional Open Space District the Certificate of the Chief Elections Officer certifying that Larry Bassett received the majority of the votes cast. NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District,that,pursuant to and in accordance with Section 5532 of the Public Resources Code,that Larry Bassett is hereby declared and certified as elected to the office of Director—Ward 6 of said District for a four-year term commencing on January 6,2003,is duly qualified for the office of Director—Ward 6 of the Midpeninsula Regional Open Space District,and serve as the elected representative by a majority of the votes cast at the November 5, 2002 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this 1 lth day of December, 2002 by the following vote: AYES: NOES: ABSENT: ATTEST: C.Deane Little,President Larry Hassett, Secretary Board of Directors Board of Directors Sally Thielfoldt,District Clerk i Regional Open ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-120 Meeting 02-23 December 11, 2002 AGENDA ITEM 3 AGENDA ITEM Appointment of Frances Reneau as Peace Officer GENERAL MANAGER'S RECOMMENDA Adopt the attached Resolution of the Board appointing Frances Reneau as a peace o cer. DISCUSSION At your meeting of January 14, 1976, you decided that District rangers should be appointed as peace officers as outlined under Section 830.31(b) of the Penal Code of the State of California (see report R-76-2). Frances Reneau has met the necessary Penal Code requirements to qualify her for appointment. The passage of the attached Resolution will complete the appointment process. Prepared by: Gordon Baillie, Management Analyst Contact person: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org •Web site:www.openspace.org =7 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko, 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 APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b)of the Penal Code of the State of California,to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those state and local regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Frances Reneau Regional Open : ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-129 Meeting 02-23 December 11, 2002 AGENDA ITEM 4 AGENDA ITEM Appointment of Michael Newburn as Peace Officer GENERAL MANAGER'S RECOMMEND Adopt the attached Resolution of the Board re-appointing Michael Newburn as a peace officer. DISCUSSION At your meeting of January14 1976> You decided that District rangers should be appointed as peace officers as outlined under Section 830.31(b) of the Penal Code of the State of California (see Report R-76-2). Michael Newburn has met the necessary Penal Code requirements to qualify him for appointment. The passage of the attached Resolution will complete the appointment process. Michael Newburn was previously appointed as a Peace Officer. He was promoted to the Foothills Maintenance and Construction Supervisor, at which point his peace officer status was removed, consistent with his job duties (see Report R-00-96). He has recently been promoted to the Foothills Area Superintendent, so the re-instatement of his peace officer status is appropriate and consistent with his new job duties. Prepared by: Gordon Baillie, Management Analyst 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 APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b)of the Penal Code of the State of California,to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those state and local regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Michael Newbum Regional Open ,, . ice R-02-138 Meeting 02-23 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 11, 2002 AGENDA ITEM 5 AGENDA ITEM Proposed Addition of CHY Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended ac ' are categorically exempt from the �rr6 Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the CHY property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report and naming the property as an addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space. DESCRIPTION (see attached map) The 827-acre CHY property is located on the south and west slopes of Mt. Loma Prieta at the southeast edge of the Sierra Azul Open Space Preserve. At 3,600 feet above sea level and the highest point in the District, the property can be seen from most cities in the South Bay as well as from the Monterey Bay Area. Straddling the summit that divides Santa Cruz and Santa Clara Counties, it encompasses the headwaters of three major watersheds, including Soquel Creek, Los Gatos Creek, and Uvas Creek. The extremely diverse landscape provides habitat to a wide variety of plants and animals, some of which are threatened and endangered species. The road and trail network follow the course of the planned Bay Area Ridge Trail and a trail to the sea that will someday connect Sierra Azul Open Space Preserve to the Soquel Demonstration State Forest(SDSF) and Forest of Nisene Marks State Park. The acquisition is most important in terms of protecting valuable wildlife habitat, watershed, scenic resources, and providing opportunities to complete regionally significant trails. The irregular-shaped property is comprised of two parcels of land in Santa Clara County and a third parcel in Santa Cruz County. One Santa Clara County parcel, that includes the top of Mt. Loma Prieta, is being divided with the sellers wishing to retain 36-acres of the mountain top where they lease land to operators of communication facilities. The property being acquired by the District is bounded by San Jose Water Company land and private property to the west, POST's Loma Prieta Ranch to the south, private property to the east, and District land to the north. Although very remote from urban areas, a complex road network winds through the property and provides easy access. From the Summit Road area, Loma Prieta Avenue enters the property near the southwest boundary and continues to an intersection with Loma Prieta Road and Mt. Madonna-Summit Road. Lama Prieta Road extends to the north boundary where it crosses private property before entering Sierra Azul Open Space Preserve. Loma Chiquita Road enters the property from the east and intersects with Loma Prieta Road. An unnamed road from the south ascends through the POST Loma Prieta Ranch property and intersects with Loma Prieta Avenue in the southwest corner of the property. Some of the most interesting landscape features of the property include two major ridgelines and the upper reaches of three watersheds that are all characterized by steep and rugged slopes. In the southern portion of the property an east-west ridge divides Santa Clara and Santa Cruz Counties, but more importantly divides two major watersheds, 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 Atm =EE 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-02-138 Page 2 reaches of three watersheds that are all characterized by steep and rugged slopes. In the southern portion of the property an east-west ridge divides Santa Clara and Santa Cruz Counties, but more importantly divides two major watersheds, one of which is home to the federally threatened steelhead. On the south side of the ridge, springs and creeks contribute year-round water to the steelhead spawning grounds of Soquel Creek located downstream on POST's Loma Prieta Ranch. Near Loma Prieta Avenue, a predominant hilltop offers panoramic views of Monterey Bay and the Soquel Creek watershed all the way to the mouth of the creek in the City of Capitola. On the north side of the Loma Prieta Avenue, Los Gatos Creek originates on the property and flows westward to Lake Elsman and Lexington Reservoir. A second ridge the north-south ridge divides the Los Gatos Creek watershed from the Uvas Creek watershed which extends eastward and flows towards Morgan Hill. The upper reaches of all three watersheds are surprisingly undeveloped and represent some of the largest tracts of undisturbed wilderness in the region that can be easily viewed from a number of hilltops situated close to the road network. The vegetation varies widely between the upper ridges and the lower creek corridors and numerous ravines. Chaparral is the predominant plant community along the upper slopes of Mt. Loma Prieta and the east-west ridge along Loma Prieta Avenue. Knobcone pines and digger pines that are more common in the Sierra foothills at around 3,000 foot elevation, sporadically appear on north facing slopes and around Loma Prieta. Dense mixed evergreen forests are situated along the creeks and ravines. Large douglas fir, bays, and alders are in the deeper tributaries of Los Gatos Creek and Soquel Creek. Most of the creeks are inaccessible due to the impenetrable vegetation along their banks that provides important shade and cool water to downstream fisheries. A young and thriving douglas fir forest has replaced the once fire scorched hillsides of the northwest portion of the property where the Los Gatos Fire occurred in 1985. The rich and varied vegetation and harsh landscape provides habitat for a large number of fauna, including deer, mountain lion, bobcat, coyote, fox, and many more. It is quite possible black bear are present as their range has been extending northward from the Ventana.Wilderness region over the past few years. In addition to the federally threatened steelhead found in tributaries of Soquel Creek, the threatened Smith's blue butterfly is believed to be present on the southwest slope of Mt. Loma Prieta, based on the presence of a rare host plant commonly known as buckwheat. The extensive road network provides unobstructed vehicular access to a large portion of the property. Loma Prieta Ave. crosses the property in the east-west direction, intersecting with Mt. Madonna-Summit Road near the southeast boundary. At the intersection, Loma Prieta Road extends northward and continues approximately 3/4 miles to a five-way intersection. From here, Loma Chiquita Road descends east to a residential community, a service road climbs northeast to the top of Mt. Loma Prieta, Loma Prieta Road continues north and intersects with a road to Mount Chaul, and a fire road descends west, dropping down a ridge towards Los Gatos Creek. Near the southwest boundary, an unnamed road originating at Loma Prieta Avenue, descends in the southerly direction for approximately 400 feet before entering POST's Loma Prieta Ranch and continuing to Highland Way. Most of the roads are unsurfaced with the exception of Loma Chiquita Road which is paved and portions of Loma Prieta Avenue and Loma Prieta Road which are oiled. There are a number of gates most of which are left unlocked and/or open. The seller has indicated some of these are considered public roads, particularly Loma Prieta Avenue as it connects to Mt. Madonna-Summit Road. Along with the unobstructed access, comes problems with undesirable and illegal activities, such as dumping, off-road vehicles, shooting of firearms, campfires and nighttime parties. Many of these activities occur near the five-way intersection where the terrain is gentle and roadside pullouts are wide. Attempts have been made by the sellers to eliminate the off-road vehicle use at three locations along Loma Prieta Avenue and Loma Prieta Road by maintaining heavy duty gates or excavating deep and wide trenches. These have been effective, but need to be regularly repaired. One of the most popular off-road vehicle areas and party spots is located on the R-02-138 Page 3 south side of Loma Prieta Avenue at the entrance to the road leading to POST's Loma Prieta Ranch. Vigilant maintenance of the gate at this location seems to be reducing the problems in this area. North of the five-way intersection and beyond the unlocked gate on Loma Prieta Road, illegal activities seem to be less apparent, perhaps because a nearby resident provides regular surveillance of the area. Some of the road corridors provide excellent opportunities for providing regional trail connections. One of the planned alignments of the Bay Area Ridge Trail follows Loma Prieta Road from Mt. Umunhurn Road to Mt. Madonna-Summit Road where it continues on towards Mt. Madonna. The District's Regional Open Space Study shows a connection from the Bay Area Ridge Trail to the road descending through POST's Loma Prieta Ranch, Soquel State Demonstration Forest, and Forest of Nisene Marks State Park. In addition to roads and gates, overhead power lines cross the property and a spring has been developed near the north boundary. Both of these improvements serve the communication facilities at the top of Mt. Loma Prieta. The power lines cross the property diagonally from the southwest corner to the top of Mt. Loma Prieta. The spring is located adjacent to Loma Prieta Road and includes a collection box, outlet and nearby water storage tank. From this location the water is piped uphill to a small parcel owned by the California Department of Forestry (CDF) and once used as a lookout station. This parcel is surrounded by the 36-acre parcel being retained by the seller. The spring and water improvement site are owned by CDF and the Seller has a right to use fifty percent of the water coming from the spring. USE AND MANAGEMENT PLAN Planning Considerations The major portion of the property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20- to 160-acre minimum lot size based upon a slope density formula. The Santa Clara County portion of the property is comprised of one legal parcel and has a potential density of three residential sites. The Santa Cruz County parcel is comprised of two legal parcels and has a potential density of two residential sites. Residential development on most of the property would be relatively feasible due to the existing road network and gentle terrain near the ridge tops. The 36-acre parcel being retained by the seller will have a potential density of one residential site. The Seller's intent is to continue leasing the property for communication facilities and not for development of a residential site. The sellers are retaining water, access and utility easements over portions of the property being acquired by the District. They will maintain rights to one-half of the water system, access rights over Loma Prieta Road between Loma Prieta Avenue and the property's north boundary and the service road accessing the mountaintop, and a utility easement over the alignment of the existing power line and all roads. With the exception of the 195-acre Santa Cruz County parcel, the property is within the District's Sphere of Influence. Upon completion of this acquisition, the District will own approximately 65.5% of the land within the Sphere of Influence and will, therefore, investigate the possibility of annexation of these properties into the District's jurisdiction. In that case, the District will also pursue annexation of the Santa Cruz parcel and the POST Loma Prieta Ranch property at the same time. As part of this transaction, the District is restricted from developing the property for commercial telecommunications purposes. However,the District may develop its own telecommunications site for its patrol and maintenance purposes and closely related purposes in this region. R-02-138 Page 4 Preliminary Use and Management Plan The preliminary use and management plan will take effect upon close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and eventually open for low intensity recreation use. Future land use decisions, including plans for public access, will be subject to public input and further environmental assessments to ensure land use decisions are consistent with ecological values. Public Access: Closed to the public until a more detailed management plan can be prepared. Patrol: Regularly patrol the property. Roads: Participate in road maintenance as determined to be necessary and feasible after assessing County Roads Department obligations and pre-existing neighborhood road agreements; seek road maintenance agreements where possible; seller has indicated past participation in funding improvements to the portions of Loma Prieta Road. Fences and Gates: Work with neighborhoods and County Roads Department to determine if gating and fencing as feasible to reduce illegal activities within or beyond property boundaries; fence roadside pullouts near five- way intersection. Cleanup: Remove debris and abandoned vehicles from roadsides. Signs: Install regulatory, boundary, and closed area signs as appropriate. Dedication: Indicate your intention to dedicate as public open space at this time. Name: Name the property as an addition to the Mt. Umunhurn Area of Sierra Azul Open Space Preserve. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CAA COMPLIANCE Project Description The project consists of the acquisition of the 827-acre CHY property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space, and the concurrent adoption of a Preliminary Use and Management Plan for the property. A 36-acre parcel is being retained by the seller and will continue to be leased for communication facilities. Ultimately, the property will be included in a Comprehensive Use and Management Plan for the nearby Sierra Azul Open Space Preserve. The land will be permanently preserved as open space and will be maintained in a natural condition. Although closed to the public during the planning process, the property will eventually be open for low intensity recreation use. CEQA Determination R-02-138 Page 5 The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061 of the CEQA Guidelines. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan 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. The acquisition will accept fee interests and will maintain the property as open space. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space. The acquisition qualifies under all three sections and is also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS AND FUNDING The 827-acre The CHY Company Property is being acquired at a bargain sale purchase price of$3,000,000 (approximately$3,628 per acre),which is to be paid in cash at the close of escrow. The purchase price is substantially below the fair market appraised value of the subject property. As part of this transaction,the seller is retaining 36 acres at the top of Mt. Loma Prieta which is the site of existing telecommunications facilities(see attached map). The seller is reserving the following easements to the Retained Loma Prieta Site: 1) Road and underground utility rights along Loma Prieta Road to the northern boundary of the property as well as to the access road to the mountain top. 2) Existing public utility easements including the overhead PG&E lines from Loma Prieta Avenue to the mountain top. 3) Water easements from the CDF spring site with a right to use half of the water from the spring. The road and underground utility rights are also appurtenant to the adjacent parcels owned by American Towers who currently leases the mountain top telecommunications site from the seller. To achieve the retained 36-acre parcel configuration and the appurtenant easements discussed above,the District and seller are sharing the costs of a survey. The District's portion of the survey cost are estimated at$3,000. In the extremely unlikely event that the County of Santa Clara finds that the retained 36 acre parcel does not meet the County's minimum lot size requirement,the District will be required to reconvey the seller fee interest in the minimum acres necessary to meet the lot size requirements for the retained site under the zoning. If the District were to reconvey property for this purpose, the District would reserve an open space easement allowing the District to manage the property as public open space, enforce its rules and regulations and build and maintain public trails. As part of this transaction,the seller will quitclaim its interest in a Grant of Reservation of Easements/Grant and Reservation of Profits Agreement as it pertains to the subject property and the POST Loma Prieta Ranch property. The seller and Pelican Timber,the previous owner of the POST property, entered into this agreement as a part of a timber harvest plan and operation which included over 4,000 acres in Santa Cruz County. Pelican Timber also has indicated that they will quitclaim it's interest in this agreement as it relates to the subject property and the POST R-02-138 Page 6 property. Also as part of this agreement,the District is restricted from developing the property being acquired for commercial telecommunications purposes for as long as the retained mountain top continues to be used for telecommunications uses. This restriction does not prohibit the District from developing its own telecommunications site for District patrol and maintenance and closely related uses Budget Considerations 2002-2003 Budget for Land Acquisition New Land $25,000,000 New Land Purchased this year (5,942,000) The CHY Company proposed as this agenda item (3,000,000) POST(Loma Prieta Ranch)proposed later on this agenda (1,000,000) Acquisition Budget Remaining 515.058.000 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. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Tom Robinson, Planning Intern Contact person: Michael C. Williams, Real Property Representative RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANT AND QUITCLAIM DEEDS,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF THE CHY COMPANY) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement - Bargain Sale between The CHY Company, a California General Partnership and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute Certificates of Acceptance for the Grant and Quitclaim Deeds on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and other transactional documents which do not involve any material change to any term of the Agreement or other transactional documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Four. The General Manager of the District is authorized to expend up to $15,000 to cover the cost of title insurance, escrow fees, survey costs and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$3,000,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. PROPOSED CHY PROPERTY ACQUISITION IERRP� AZUL ,S. vo X J a � " R Water f a Easements o BLM ua Qs N E R Access Retained CHY Easement = Parcel Approx.36 Acres Portion of Santa Clara Co. APN 562-12-022 Approx. 39 Acres J — q a o t" p� 00 0 RED\ F a _ Access Easements ~ �' '....... N �' Sa 562 nt1ara o.12,021/N d� A pox.593 Acres ��� t0 �Omaptleta Ave..._. , } Santa-Crucl`_^o P� Appox.195,Ac t CH 0 DEMONSTRAIIO � STATE FO ST D ... TR SiArcV—c Projects\$Terra_AzulNChy_Company\BoardReport\Chy__120402.pdf 0 0.125 0.25 0.5 0.75 1 Miles N PURCHASE AGREEMENT—BARGAIN SALE This Agreement is made and entered into by and between THE CHY COMPANY, A CALIFORNIA GENERAL PARTNERSHIP hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within the unincorporated areas of the County of Santa Clara and the County of Santa Cruz, 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, or bargain purchase 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 is purchased for open space purposes, and not for development of commercial telecommunication facilities; WHEREAS, Seller wishes 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. WHEREAS, Seller wishes to sell and convey said property to District, at a price below fair market value, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. A. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara and the County of Santa Cruz, State of California, containing approximately eight hundred twenty-seven (827) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-12-021, consisting of approximately 593 acres, and a portion of Santa Clara County Purchase Agreement Page 2 Assessor's Parcel Number 562-12-022 consisting of approximately 39 acres, excepting the Retained Loma Prieta Site as described in Section 1.13 below, and Santa Cruz County Assessor's Parcel Number 098-141-12, consisting of approximately 195 acres(hereafter"the Subject Property"). The"Entire Property"consists of Santa Clara County Assessor's Parcel Numbers 562-12-021, 562-12-022 and Santa Cruz County Assessor's Parcel Number 098-141-012 and is further described in the Legal Descriptions attached as: (i) Exhibit A North American Title Company Preliminary Report number 52171149 dated July 29, 2002 describes Santa Clara County Assessor's Parcel Numbers 562-12- 021 and 562-12-022,a 39-acre portion of which is being acquired by District as further described in Section I.B. of this Agreement. (the "Santa Clara County Property"). (ii) Exhibit B Santa Cruz Title Company Preliminary Report number 09487889 dated August 2, 2002 describes Santa Cruz County Assessor's Parcel Number 098- 141-12 (the "Santa Cruz County Property"). Copies of said Preliminary Reports are attached hereto as Exhibit "A" and "B", and incorporated herein by this reference. All of said real property and appurtenances being acquired by the District (that is, the Entire Property which consists of the Santa Cruz County Property and the Santa Clara County Property excluding the Retained Loma Prieta Site) shall hereinafter be called the "Subject Property". Except as set forth in this Agreement,the Subject 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. B. Conveyance of a Portion of Santa Clara Assessor's Parcel NO. 562-12- 022 and Retention of the Loma Prieta Site. Seller agrees to sell to District a portion of Santa Clara County Assessor's Parcel Number 562-12-022, consisting of approximately 39 acres (hereafter"the Portion"), and shall retain fee interest in a portion of Santa Clara County Assessor's Parcel Number 562-12-022, consisting of approximately 36 acres (the "Retained Loma Prieta Site")together with all improvements situated thereon; Seller shall reserve unto itself and its successors, Access, Public Utility and Water Easements appurtenant to the Retained Loma Prieta Site and also appurtenant to the following properties: Santa Clara County Assessor's Parcel Numbers 562-12-010, 014 and 015, provided such properties are now or in the future owned by Seller, and located upon the Subject Property, as shown on Exhibit"C", a copy of which is attached hereto and incorporated herein by this reference. The Access Easement shall consist of sixty(60) foot wide non-exclusive easement for ingress, egress and underground public utility purposes located upon the existing access road which pass over the Subject Property and which then connects to Loma Prieta Road, as shown on Exhibit C hereto. The Public Utility Easements shall consist of easements appurtenant for public utilities (as they now exist) located upon and along the existing locations of and of the same width as the poles and wires currently installed on the Subject Property, as shown on Exhibit C hereto. The Water Easements shall consist of the right to and use one half the water from the spring located on Parcel 2 of the real property and all other rights described and provided for in the Final Order of Purchase Agreement Page 3 Condemnation in favor of the State of California, a copy of which was recorded December 28, 1965 in Book 7227 of Official Records, at page 169, Santa Clara County Records along with the right to construct, operate and maintain an underground water conduit and associated underground utilities for conveying said water within a strip of land twenty(20) feet wide, as shown on Exhibit C hereto. The District shall only retain the right to such water that is deemed by Seller to be surplus to that required by Seller and the State of California and Seller shall retain the right to terminate such use by the District, in its sole discretion. Furthermore, Seller makes no representation or warranty to the District as to the quality or quantity of such water available for use by the District. Seller and District understand and agree that a mutual condition precedent of the District's and Seller's obligation to close escrow and complete the transaction contemplated by this Agreement is the completion of a survey and legal description of the Retained Loma Prieta Site, the Subject Property, and appurtenant easements as further provided in Section LC below. The area of the Retained Loma Prieta Site shall consist of approximately 36 acres and include the existing communications facilities and miscellaneous improvements situated thereon. C. Survey and Revised Legal Description as Mutual Condition Precedent of Closing. Prior to the"Closing", as further described in Section 3 below, Seller and District agree that a survey and legal descriptions of the Subject Property, the Retained Loma Prieta Site, and the Access Easement, the Public Utility Easements and the Water Easements(collectively,the "Easements") as shown on Exhibit"C" shall be completed. District and Seller shall hire the firm of Gary Ifland and Associates, 1100 Water Street Santa Cruz, CA (831)426-7941 X 100 or other licensed land surveyor acceptable to District and Seller(hereinafter"Surveyor"),to perform the survey and legal descriptions of the Retained Loma Prieta Site, the Subject Property, and the Easements. The purpose of the survey shall be to locate and prepare an accurate legal description and map of the Retained Loma Prieta Site (which shall contain approximately 36 acres), the Subject Property, and the Easements. The cost of the survey shall be shared equally(50150) by Seller and District. Prior to Closing the legal description of the Santa Clara County Property shall be revised and attached to the Grant Deed recorded in connection with this Agreement to grant to District Fee title to the Portion, to include a legal description of the Retained Loma Prieta Site and to include legal descriptions of the reservations of the appurtenant Access Easement, Public Utility Easements and Water Easements. D. Documentation of Legality of Retained Loma Prieta Site as a Condition of Closing. (i) A further mutual condition precedent of the District's and Seller's obligation to close escrow and complete the transaction contemplated by this agreement is the issuance by Santa Clara County of documentation satisfactory to Seller confirming that the Retained Loma Prieta Site is a lawfully created parcel in compliance with the provisions of the Subdivision Map Act, Government Code Section 66410 et seq. ("the Map Act") or will be a lawfully created parcel in compliance with the provisions of the Map Act upon completion of the process described in Section 1 D.(ii). Purchase Agreement Page 4 (ii) In accordance with Section 66424 and 66428 of the Map Act, public agencies are eligible for certain exemptions from the Map Act when acquiring real property. District understands that Seller desires a Certificate of Compliance confirming that Seller's Retained Loma Prieta Site is a lawfully created parcel under the Map Act. District agrees to cooperate in good faith to assist Seller in obtaining said Certificate of Compliance from Santa Clara County. Seller shall prepare and deliver to the County any required applications and documents, pay all fees and costs, and perform such acts as are reasonably necessary or required by Santa Clara County to obtain said Certificate of Compliance. If, despite the good faith efforts of Seller and District, Santa Clara County denies Seller's request for issuance of said Certificate of Compliance, issues to Seller a Conditional Certificate of Compliance or otherwise fails to issue the Certificate of Compliance prior to December 31, 2003, and if an expressly stated ground for the County's denial of the Certificate of Compliance or issuance of a Conditional Certificate of Compliance is,the failure of the Retained Loma Prieta Site to meet the minimum lot size required by the Map Act for a legally created parcel, District agrees that it will reconvey to Seller fee title to such portion of the Subject Property which shall equal the minimum parcel size legally required by the County of Santa Clara to be added to the size of the Retained Loma Prieta Site in order for the Retained Loma Prieta Site to be eligible to receive a Certificate of Compliance. District shall reserve for itself and its successors an Open Space Easement over the entirety of any portion of the Subject Property conveyed to Seller under this Section D.(ii). The terms and conditions of the Open Space Easement shall restrict the use of such property to open space recreational uses and such associated recreational improvements as are approved by District in its sole discretion, and shall permit District to use, operate, construct,regulate,enforce and maintain said property (collective "Uses") for public open space recreational uses as it determines necessary and appropriate in its sole discretion; provided,that as a condition of the Open Space Easement, District shall agree to indemnify, defend and hold harmless Seller from any and all claims, demands, causes of action and other liabilities that may arise directly or indirectly from such Uses and provide to Seller documentation establishing that the District has insurance or adequate self-insurance coverage (naming Seller as an additional named insured) providing liability coverage for injury to or death of any person or physical damage to any property as a result of such Uses. Such transaction, if required, shall be subject to all applicable laws for the conveyance by District of its real property, including, but not limited to, the California Environmental Quality Act. E. Appraisal Condition Precedent to Purchase and Sale. District and Seller understand and agree that the Seller's obligation to complete the transaction set out in this Agreement and to sell the Subject Property to District is conditioned upon the Seller's review and written approval of an appraisal of the Subject Property being prepared on behalf of Seller by Arthur E. Gimmy, 2330 Marinship Way, Sausalito, CA 94965 ("the Appraisal"). The Seller is of the opinion that the Subject Property has a fair market value of approximately $6,000,000.00 ("Seller's Estimated Fair Market Value"). A copy of the Appraisal or verbal confirmation of the appraised value determination shall be delivered to the District on or before December 6, 2002. If the Appraisal determines that the value of the Subject Property is at least $5,400,000.00 or is Purchase Agreement Page 5 equal to or above Seller's Estimated Fair Market Value, the condition precedent shall be deemed satisfied and the parties shall proceed with Closing in accordance with Section 3 below. If the Appraisal determines that the value of the Subject Property is below$5,400,000.00, Seller shall have the right,prior to the close of escrow, to terminate this Agreement, or, in the alternative, to waive compliance with this condition precedent and to proceed with Closing for the Purchase Price set out in Section 2 herein. 2. Purchase Price. The total purchase price ("Purchase Price") for the Subject Property shall be Three Million Dollars($3,000,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 15 herein, an escrow shall be opened at North American Title Company, 497 N. Santa Cruz Avenue, Los Gatos, CA 95030, (408) 399-4100 (Escrow number 52171149) or other title company acceptable to District and Seller(hereinafter "Escrow Holder")through which the purchase and sale of the Subject 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 December 31, 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 Holder causes the Grant Deeds(as defined below)to be recorded in the Offices of the County Recorder of Santa Clara and Santa Cruz Counties. B. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing: (i) Executed and recordable Grant Deed granting to District the Santa Clara County Property excluding the Retained Loma Prieta Site and reserving the Easements as described in Section LC above. Seller may convey fractional partnership interests in the Subject Property to District, so long as, upon the Closing, (a) one hundred percent(100%) of fee title to the Subject Property is conveyed to District by Seller, and (b) District is able to obtain an owner's policy of title insurance in accordance with Section 3(F) below. Purchase Agreement Page 6 (ii) Executed and recordable Grant Deed granting to District the Santa Cruz County Property. Seller may convey fractional partnership interests in the Subject Property to District, so long as, upon the Closing, (a) one hundred percent (100%) of fee title to the Subject Property is conveyed to District by Seller, and (b) District is able to obtain an owner's policy of title insurance in accordance with Section 3(F) below. (iii) An executed and recordable Quitclaim Deed releasing to District any and all, right,title or interest of Seller in and to that certain Grant and Reservation of Easements/Grant and Reservation of Profits recorded on June 15, 1979 in Book 3070, Page 325 and re-recorded July 5, 1979 in Book 3078, Page 560 Official Records of Santa Cruz County, as it pertains to the Subject Property, in the form set forth as Exhibit"D"attached hereto and incorporated by this reference. Seller shall deposit An Assignment to District any of such rights of Seller under said Grant in a form reasonably satisfactory to District. D. District shall deposit into the escrow, on or before the Closing: (i)The required Certificates of Acceptance for the Grant Deeds,and Quitclaim Deed duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Two Million Nine Hundred Ninety Thousand and No/100 Dollars ($2,990,000.00) which is the balance of the Purchase Price of Three Million and No/100 dollars as specified in Section 2 (plus District's portion of the expenses described in Section 3.E. below). An initial payment of $10,000.00 is paid into escrow in accordance with Section 15 of this Agreement. (iii) District agrees to provide Seller at closing with a letter pursuant to Internal Revenue Code Section 1033 dated as of the date of the final execution of this Agreement by District. E. Seller and District shall share the cost(50150)of the Surveyor expenses contemplated in Section I.C. above, the escrow fees,the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara and Santa Cruz County. All current property taxes on the Subject Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Seller shall cause North American 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 the appraised fair market value of the Subject Property being obtained by Seller in accordance with Purchase Agreement Page 7 Section LD, showing title to the Subject Property vested in fee simple in District, subject only to: (i)current real property taxes, (ii) title exceptions 3,4, 5, 6, 7, 8, 9,10, 11,12, 14, 15, 16 and 17 as listed in Preliminary Report dated July 29, 2002 (Exhibit"A", Santa Clara County) and title exceptions 3, 4 and 6 as listed in Preliminary Report dated August 2, 2002 (Exhibit"B", Santa Cruz County) (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deeds and Quitclaim Deed and attendant Certificates of Acceptance to be recorded in the Office of the County Recorder of Santa Clara and Santa Cruz Counties as appropriate. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3.E.), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Subject Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Subject Property in accordance herewith, Seller makes the following representations and warranties to District,which shall survive close of escrow, each of which is material and is being relied upon by District. Purchase Agreement Page 8 A. Authori . Seller has 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 Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. C. Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. District's Representations and Warranties. For the purpose of consummating the sale and purchase of the Subject Property in accordance herewith, District makes the following representations and warranties to Seller, which shall survive close of escrow, each of which is material and is being relied upon by Seller. A. Authority. District has the full right, power and authority to enter into this Agreement and to perform transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by District to Seller now or at the Closing have been or will be duly authorized and executed and delivered by District and are legal, valid and binding obligations of District sufficient to allow District to take title to the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which District is a party or by which district may be bound or any articles, bylaws, enabling statutes or resolutions of District. C. District is a"governmental agency" as that term is used in Government Code §66428. District does not possess regulatory powers under the State Planning and Land Use Law. 8. District's Acknowledgements and Covenants. For the purpose of consummating the sale and purchase of the Subject Property in accordance herewith, District makes the following covenants, which shall survive close of escrow, each of which is material and is being relied upon by Seller. Purchase Agreement Page 9 A. Acknowledgment of Telecommunications Use of Retained Site. District acknowledges that the Retained Loma Prieta Site is currently used for commercial telecommunications purposes and that Seller or its successors may seek to expand such uses in the future. District acknowledges that the General Plan designation of the site is Hillside that the Santa Clara County Zoning Ordinance classifies the site as Hillside (HS)and that the land use designation includes potential residential and other land uses as set out in those ordinances, which Seller or its successors may determine to pursue in the future. B. Additional Covenants. (i) District covenants that neither District nor any third party acting under or pursuant to any agreement or lease with District shall develop, conduct, own or operate any commercial telecommunications facility on the Subject Property. This covenant shall not be applicable to any telecommunication facility owned, operated, managed, or developed on the Subject Property by District for its own non-commercial purposes, or any collaborating government agency on the Subject Property for its land management and related governmental purposes. (ii) Neither the District nor any third party acting under or pursuant to any agreement or lease with the District shall conduct any activities on the Subject Property that interfere with the telecommunications operations or facilities conducted, owned, operated, managed, or developed by Seller or its successor on the Retained Loma Prieta Site. (iii) Further, in the event the Retained Loma Prieta Site ceases to be used, developed for use or otherwise operated by Seller or its successors as a commercial telecommunication facility for a period in excess of 12 months, unless such cessation is caused by an act of God, act of civil or military authority, fire, flood or other natural disaster, strike, war epidemic, shortage of power, or other cause or causes beyond Seller's control, these additional covenants of this Section 8 B. shall automatically terminate and be of no further force and effect. 9. IntegrAy of Subiect PropeqL. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Subject Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Subject Property. 10. Disclosure of Property Related Documents. A. Within three (3) business days of Seller executing this Agreement, Seller shall have furnished to District or made available for review by District(with the right to photocopy Purchase Agreement Page 10 the same) all documents in Seller's possession or control, or reasonably obtainable from Seller's consultants, attorneys or agents, which consist of the following types of documents. (i) Reports, studies, audits, investigations, inspections, appraisals, tests, and other inquiry materials concerning any physical condition of the Subject Property, or any improvement, structure, facility, road, utility, or water facilities thereupon, including, but not limited to,the environmental or geotechnical condition of the Subject Property and such improvements; (ii) Environmental impact reports, CEQA documents, zoning, land use or development applications or documents relating to the Subject Property; (iii) Government licenses,permits, entitlements or certificates applicable to ownership, use, operation or occupancy of the Subject Property; If Seller has actual knowledge of the existence of any of the foregoing types of documents and such documents are not in Seller's possession or control or reasonably obtainable from Seller's consultants, attorneys or agents, within three business (3) days of Seller executing this Agreement, Seller shall identify in writing all such documents and provide District with a list of the same. The foregoing shall be collectively referred to as the "Property Related Documents". After the delivery of any and all such documents, District shall have twenty (20) days to review any and all such documents and complete any investigation or inspection of the Subject Property required by it to satisfy itself regarding any concerns District may have related to these Property Related Documents or to the physical condition of the Subject Property including without limitation environmental, geologic, flood or safety conditions. B. If during the twenty(20)day investigation period, District determines there is a condition unsatisfactory to the District, as reasonably determined by the District, District may request Seller to cure or remedy any condition at issue. If Seller is unable to cure or remedy such condition to District's satisfaction within twenty(20) days; the District shall have the right to terminate this Agreement. Alternatively, within such twenty (20) day period, Seller shall have the option, but not the obligation, to remedy the condition to District's satisfaction within such period of time and upon such terms as are agreed to by District. C. Within five (5) days of the date of District's written request to cure or remedy, Seller shall notify the District in writing whether it elects to cure or remedy said condition or conditions. If Seller notifies the District in writing of Seller's refusal to remedy any of such conditions to District's satisfaction, and if District does not notify Seller within five (5) days after the date of such notice that it is withdrawing such request, then this Agreement shall terminate at that time. Purchase Agreement Page 11 11. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein,means any substance, material or other thing, not naturally-occurring, 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. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). B. Representations and Warranties. For the purpose of consummating the sale and purchase of the Subject Property and except as disclosed in the attached Exhibit E, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) The Subject Property does not contain any Hazardous Waste or underground storage tanks; (ii) Seller and the Subject Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iii) At the time Seller acquired the Subject Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Subject Property, or had been transported to or from the Subject Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Subject Property of any Hazardous Waste, or the transportation to or from the Subject Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release,placement on, under or about the Subject Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Subject Property, or the transportation to or from the Subject Property, of any Hazardous Waste; Purchase Agreement Page 12 (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Subject Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Subject Property, or the transportation to or from the Subject Property, of any Hazardous Waste; (vii) There have been no communications or agreements with any governmental authority or agency(federal, state or local) or any private entity, including, but not limited to, any prior owners of the Subject Property,relating in any way to the presence, release, threat of release, placement on, under or about the Subject Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Subject Property, or the transportation to or from the Subject Property, of any Hazardous Waste. C. Indemnity. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees,directly or indirectly arising from any breach of the warranties or representations contained herein, or arising from related to or connected with the existence of any Hazardous Waste on or in the Subject Property, except when any Hazardous Waste contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual Hazardous Waste contamination on or in the Subject Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the Subject Property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Subject Property. 12. Waiver of Relocation Benefits and Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Subject Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) (42 U.S.C. 14601 et seq.), and the California Relocation Assistance Act, Government Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there under and to any-other compensation for the Subject Property,except as provided in this Agreement. Seller has been advised as to the extent and availability of such benefits,procedures, notice periods, and assistance, and freely and knowingly waives such Purchase Agreement Page 13 claims, rights and notice periods applicable to the Subject Property except as set forth in this Agreement, including the fair market value of said Subject Property, as provided for by said Federal Law and any similar California Law. 13. Charitable Contribution. District and Seller acknowledge and agree that Seller may seek a tax benefit for the charitable contribution of the difference between the Purchase Price being paid by the District and the Subject Property, s fair market value being donated to the District as part of this transaction. District expresses no opinion as to whether Seller will receive any deduction for federal or state income tax purposes as result of this transaction. Seller acknowledges and agrees that Seller is relying solely upon the advice of its own attorneys, accountants and other professional advisors with respect to all such matters, and to the tax consequences of this Agreement in general. Without limitation of the foregoing, if such contribution is not deductible for federal and state income tax purposes, in whole or in part, such non-deductibility or non-treatment will not relieve Seller of any of its obligations under this Agreement or otherwise affect this Agreement in any way or require the payment of any additional or substitute consideration by District for the purchase of the Subject Property or entitle Seller to any remedies against District as a result thereof. District agrees to provide Seller with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted by Seller thereunder. 14. Miscellaneous Provisions. A. Access for Investigations. From the date Seller delivers an executed copy of this Purchase Agreement and until the Closing, District and District, s agents, lender, contractors, engineers, consultants, employees, subcontractors and other representatives(the "District Parties") may, upon the giving of reasonable advance written notice to Seller, enter upon the Subject Property for the purpose of inspecting, testing and evaluating the same; provided, however, that District may not perform any work on the Subject Property without Seller, s prior written consent, which shall not be unreasonably withheld or delayed and further provided that District shall give Seller at least 24 hours prior notice of each proposed entry by District. District shall indemnify, protect, defend and hold Seller free and harmless from and against any and all claims, actions, causes of action, suits, proceedings, costs, expenses (including, without limitation, reasonable attorneys' fees and costs), liabilities, damages, and liens caused by the activities of District Parties while upon the Subject Property prior to the Closing; provided, however, the foregoing indemnity shall not cover or include any claims, damages or liens resulting from District' s discovery of any Hazardous Waste or other pre- existing adverse conditions pursuant to its inspections,testing or evaluation. District, s inspections shall be at District' s sole expense. District shall repair any damage to the Subject Property that may be caused by the District Parties while on the Subject Property performing its inspections. Purchase Agreement Page 14 B. 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. C. Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action, proceeding or arbitration 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, proceeding or arbitration goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. D. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may in writing: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or(iv)waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance, including execution of any documents which may allow Seller to accomplish a tax deferred exchange of property as permitted by law; provided, however that the District shall not take title to any third party property other than the Subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. E. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. F. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement(or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by Purchase Agreement Page 15 telex, telecopy,telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: The CHY Company 2555 Third Street Sacramento, CA 95818 Attn: D. Mark Kable (916) 442-2555 FAX(916) 442-4239 cc: The CHY Company 200 Litton Drive#2 10 Grass Valley, CA 95945 Attn: G. Keith Chambers (530) 274-6451 FAX(530) 274-0411 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd)business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or 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. G. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve,to the extent possible,the economic, business and other purposes of the void or unenforceable provisions. Purchase Agreement Page 16 H. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. I. 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. J. 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. K. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. L. 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 repre- sentations 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. M. 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. Not withstanding the foregoing, this Agreement may be assigned by Seller in its entirety together with all of Seller's rights and obligations to a successor or assignee of Seller's designation. N. 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. O. 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. P. Broker's Commission. Seller and District represent that they have dealt with no broker or finder in connection with the transaction contemplated by this Agreement and neither shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller and District agree to and do hereby indemnify and hold harmless one Purchase Agreement Page 17 another from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this transaction. Q. 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. R. 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. S. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by binding 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. including the right of discovery. Hearings shall be held in Santa Clara 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 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. Purchase Agreement Page 18 1, SELLER INITIAL DISTRICT INITIAL 15. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before December 6, 2002, District shall have until midnight December 18, 2002,to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Subject Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. As consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges receipt of the sum of Ten Thousand Dollars and No/100 ($10,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. 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 THE CHY,COMPANY. A California SPACE DISTRICT Gene 1 nership ACCEPTED FOR RECOMMENDATION By: ' Hardie C. Setzer Its G7"L­ Michaeler 'P r' 2 �c;C. Williams, Real Property Date. / Representative By: Date: G:Cal Setzer, Its Gener Partner APPROVED AS TO FORM: Date: By- Susan Schectman, General Counsel Jo Ann zer, Its General Partner RECOMMENDED FOR APPROVAL: Date: / ! 7/D By:Ca1Sam J Enterprises, a California L. Craig Britton, General Manager limited nershi� APPROVED AND ACCEPTED BY Purchase Agreement Page 19 G. Cal C. Setzer, Its ene 1 Partner Date: President, Board of Directors , By: ATTEST: J6 A Setzer, Its General er Date: �- District Clerk Date: By:SETZER REVOCABLE TRUST DATED FEBRUARY , 2000, AS MODIFIED AND RES A ED JULY 2 20 By Hardie C. Setzer, Trustee i / Z. Date: d i I Har L Date: f Z- G. Cal C. Setzer Z Date: �. 2,- Jo Aqn Se e ''(( Date: Exhibit "Ell Disclosure Schedule 1. Abandoned Vehicles • Numerous prior incidents of continuous abandonment, and subsequent removal initiated by Seller, of motor vehicles (all 562-12-021); and on the Santa Clara County parcel—APN ■ Presently, one abandoned automobile just over the westerly edge of Loma Prieta Road approximately one-quarter mile north of Its Intersection with the road to Mt. Madonna (affecting Santa Clara County parcel APN 562-12-021) 2. Illegal Disposal of Household Garbage and Yard Trimmings • Presently, four known locations of illegal dumping at the following locations along Loma Prieta Road: • One-quarter mile east of Seller's westerly boundary line at the southerly edge of Loma Prieta Road (affecting Santa Cruz County parcel APN 098-141-12); • One-quarter mile west of Seller's easterly boundary line at the southerly edge of Loma Prieta Road near its intersection with the road to Mt. Madonna (affecting Santa Cruz County parcel APN 098-141-12); , . ■ One-quarter mile north of the intersection of Loma Prieta Road and the road to Mt. Madonna at the easterly edge of Loma Prieta Road (affecting Santa - Clara County parcel APN 562-12-021); and • At the westerly edge of the intersection of Loma Prieta Road with the roads to Sierra Azul and Loma Chiquita (affecting Santa Clara County parcel APN 562-12-021). 3. Unauthorized Storage (and subsequent removal) of Vehicles -at the Intersection of Loma Prieta Road with the roads to Sierra Azul and Loma Chiquita (affecting Santa Clara County parcel APN 562-12-021): • Two mobile homes on one occasion; • Numerous demolished automobiles over a period of approximately one month. 4. Unauthorized off-highway vehicle traffic along ridgelines following fuel break construction by the California Department of Forestry during the Lexington Fire of 1985 (affecting Santa Cruz County parcel APN 098-141-12 and Santa Clara County parcels APN's 562-12-021 and 562-12-022). (5484/2489/CVC/626596.DOCJ EXHIBIT VjAM RCACE tl N DIRECT ALL INQUIRIES TO: TITLE Escrow Officer: Susan K. Trovato IFCOMPANY Telephone No.: 408 39 s-4100 P � ) Our No.: 56007-521 71 1 49-SKT Mid-Peninsula Regional Open Space c/o North American Title Company, Inc. Branch No. 560-07 497 N. Santa Cruz Avenue Los Gatos, CA 95030 Buyer(s): Mid-Peninsula Regional Open Space District Property Address: Assessor's Parcel Nos. 562-12-021 & 562-12-022 Los Gatos, California Preliminary Report IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. HEREBY REPORTS THAT 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 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 EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER, 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 ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) 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 TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of July 29,2002 Pam Thompson/pu at 07:30 am Title Officer/Examiner 497 N. Santa Cruz Avenue, Los Gatos, CA 95030 Phone No.: 408 399-4100 Fax No.: 408 354-3212 The form of policy of title insurance contemplated by this report is: 1990 -Ci_TA Owner's Standard Coverage Policy The estate or interest in the land hereinafter described or referred to covered by this report is: A fee Title to said estate or interest at the date hereof Is vested in: The Chy Company, a California General Partnership Page 2 Order No.: 56007-52171149-SKT Description: The land referred to herein is situated in the State of California, County of Santa Clara, Unincorporated Area and is described as follows: THE REAL PROPERTY LOCATED IN SANTA CLARA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS PARCEL ONE IN THAT CERTAIN DEED TO THE CHY COMPANY,A PARTNERSHIP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON OCTOBER 29, 1969 IN BOOK 8719, PAGE 545, ET SEQ., OF OFFICIAL RECORDS AND FOLLOWING REFERENCE TO WHICH DEED AND THE RECORD THEREOF IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA IS HEREBY MADE FOR A MORE PARTICULARLY DESCRIPTION OF THE SAID LANDS. EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA,AS SAID COUNTY NOW EXISTS. ALSO EXCEPTING THEREFROM THE LANDS CONVEYED TO THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNIA,A COPY OF WHICH IS RECORDED IN BOOK 7227 OF OFFICIAL RECORDS AT PAGE 169, SANTA CLARA COUNTY RECORDS. ALSO EXCEPTING THE LANDS CONVEYED TO THE PACIFIC TELEPHONE AND TELEGRAPH BY DEED RECORDED IN BOOK 5550 OF OFFICIAL RECORDS AT PAGE 74, SANTA CLARA COUNTY RECORDS. AP No.: 562-12-021 & 562-12-022 Page 3 Order No.: 56007-52171149-SKT At the date hereof exceptions to coverage In addition to the printed exceptions and exclusions contained In said policy form would be as follows: I General and Special Property Taxes, and any assessments collected with taxes, including utility assessments, are a lien not yet payable to be levied for the fiscal year 2002-2003. 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75)of the Revenue and Taxation Code of the State of California. 3. Such Rights and Easements for Navigation and Fishery which may exist over that portion of said land lying beneath the waters of Los Gatos Creek. 4. Rights of the public, county and/or city in that portion lying within the street as it now exists: Loma Prieta Ave., Casa Loma Rd. & Loma Chiquita Rd.. 5. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In Favor of. Pacific Gas and Electric Company, a California corporation No representation is made as to the present ownership of said easement. Purpose: Public Utilities Recorded: August 10, 1954 Instrument No.: 997265 Book: 2934 Page: 240 Affects: A portion of this and other property as described in said document 6. An easement affecting the portion of said land and for the purpose stated herein,and incidental purposes. In Favor of: Pacific Gas and Electric Company, a California corporation No representation is made as to the present ownership of said easement. Purpose: Public Utilities Recorded: January 12, 1955 Instrument No.: 1043341 Book: 3057 Page: 86 Affects: A portion as described in said document Page 4 Order No.: 56007-52171149-SKT 7. A Lease executed by and between the parties named herein, for the term and upon the terms, covenants and conditions therein provided. Type of Lease: None Shown Dated: August 19, 1955 Lessor: Monterey Bay Redwood Company, a corporation Lessee: Pacific Gas and Electric Company, a California Utility Corporation Term: None Shown Recorded: September 15, 1955 Instrument No.: 1128003 Book: 3279 Page: 463 Among other things, said Lease provides for: An Extension of Term, For 15-year periods, Various Easements The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. 8. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In Favor of: Pacific Gas and Electric Company and the Pacific Telephone and Telegraph Company, a California corporation No representation is made as to the present ownership of said easement. Purpose: Public Utilities Recorded: January 26, 1956 Instrument No.: 1173312 Book: 3398 Page: 527 Affects: A portion as described in said document 9. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In Favor of: Pacific Telephone and Telegraph Company, a California corporation, it's Successors and/or Assigns No representation is made as to the present ownership of said easement. Purpose: Rights and Rights of way Recorded: April 24, 1962 Instrument No.: 2180781 Book: 5550 Page: 74 Affects: The exact location and extent of said easement is not disclosed of record Page 5 Order No.: 56007-52171149-SKT 10. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In Favor of: Pacific Telephone and Telegraph Company No representation is made as to the present ownership of said easement. Purpose: Communication Facilities, Ingress and Egress Recorded: April 24, 1962 Instrument No.: 2180782 Book: 5550 Page: 77 Affects: Portion described therein Portions of said right of way were quitclaimed by instrument executed by The Pacific Telephone and Telegraph Company, a California corporation, in favor of Glenco Forest Products,a California corporation, and recorded February 23, 19678 in book 7646, page 659, official records. 11. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, condemned by Final Decree. No representation is made as to the present ownership of said easement. In Favor of: State of California Purpose: Water Conduit,Telephone Line, Road Case No.: 163446 Recorded: December 28, 1965 Instrument No.: 2983680 Book: 7227 Page: 169 Affects: Portions described therein 12. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In Favor of: Pacific Gas and Electric Company, a California corporation No representation is made as to the present ownership of said easement. Purpose: Public Utilities Recorded: March 1, 1968 Instrument No.: 3376696 Book: 8042 Page: 629 Affects: A 10 foot strip as described in said document Page 6 Order No.: 56007-52171149-SKT 13. The Unrecorded Lease by and between the parties named herein, for the term and upon the Terms, Covenants and Conditions therein provided: Disclosed By: Memorandum of Lease Type of Lease: None Shown Dated: June 9, 1972 Lessor: Chy Company, a Co-Partnership Lessee: KNTV Channell 11, a division of Gill Industries, a California corporation Term: None Shown Recorded: November 3, 1977 Instrument No.: 4386172 Book: 0099 Page: 9 The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. 14. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. No representation is made as to the present ownership of said easement. Purpose: Water Conduit, Electric Power Line, Telephone Line, Road Recorded: October 2, 1978 Instrument No.: 6155695 Book: D993 Page: 160 Affects: Portion described therein 15. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In Favor of: Pacific Gas and Electric Company,a California corporation No representation is made as to the present ownership of said easement. Purpose: Public Utilities Recorded: June 7, 1982 Instrument No.: 7383453 Book: G828 Page: 444 Affects: A portion as disclosed in said document Page 7 Order No.: 56007-52171149-SKT 16. The Unrecorded Lease by and between the parties named herein, for the term and upon the Terms, Covenants and Conditions therein provided: Disclosed By: Memorandum of Lease Type of Lease: Communication Facilities Dated: May 18, 2001 Lessor: The Chy Company Lessee: New Loma Communications Inc. Term: 30 years Recorded: May 22, 2001 Instrument No.: 15689149 The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. 17. The Terms and Provisions contained in an Agreement: Entitled: Reciprocal Easement Agreement Executed By: American Towers, Inc., a Delaware corporation and New Loma Communications, Inc., a California corporation and The Chy Company, a California General Partnership Recorded: May 22, 2001 Instrument No.: 15689150 18. We find of record the following Certificate of Partnership as required by Section 16011, et seq., of the Corporations Code,which recites that the following named parties are all of the General Partner(s)of the Partnership named therein. Partnership: The Chy Company General Partners: hardie C. Setzer and G. Cal Selzer, as Trustee of the Cal and Jo Ann Selzer Trust dated September 9, 1994 Recorded: February 18, 1999 Instrument No.: 14659370 A copy of the partnership agreement must be submitted for review prior to the issuance of any title insurance. Page 8 Order No.: 56007-52171149-SKT INFORMATIONAL NOTES: A. There are no conveyances affecting said land recorded within twenty-four (24) months of the date of this report. B. General and Special Property Taxes for the fiscal year shown below have been paid. Fiscal Year: 2001 -2002 Total Amount: $2,524.48 First Installment: $1,262.24 Paid Second Installment: $1,262.24 Paid Land: $191,512.00 Code Area: 72-007 Parcel Number: 562-12-021 & 562-12-022 C. Pursuant to Section 12413.1 of the insurance code funds deposited in escrow must be held for the following time periods before they can be disbursed: I Cash or wired funds—available for immediate disbursal after deposit in bank or confirmation of receipt in account. Bear in mind that Cash will be accepted from customers only under special circumstances as individually approved by management. 2. Cashier checks, certified checks, tellers checks--next day available funds. 3. All other checks must be held in accordance with regulation CC adopted by the Federal Reserve Board of Governors before they must be disbursed. 4. Drafts must be collected before they may be disbursed. North American Title Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. For Your Information. Our Wire Instructions Are: Wire To: Credit The Account of: Comerica Bank North American Title Company Detroit, Michigan Bank Account No.: 1891528554 Routing No.: 1 21 1 37522 Escrow No.: 56007-52171149-SKT Branch/County No.: 560-07 Attn: Susan K.Trovato Page Order No.: 56007-52171149-SKT � OfiICE OF COUNTY ASS ESSOq SA TA C L A R A COUNTY, CALIFORNIA � Y 506 -Y- 16 2 2 J � T.S S,R.1 E (E R �•• Boa USA. a.'y'� 1 } M.PCL.N EV PCL. A !_ IISE AC3 CD iti ` r7R r AtD((N7?V►YTY O •1 4• i llN AC I !.M M•r ti♦• r 1 1 ` 1'�• ♦ Z ��.., 11MK 7R►t L w - fps sO.E/ N F .••• fps l T#e ........ •...R�Nsuen I- aw II S ?TV►cLa 34'- � N D ; ++ to •C)klOU1T Wao Ad TITAL SDL 75791--IS-(21)141 PCLA%U . (�1 u OOIMLAISLE�lEa1T'OF CALIF, H ,� �• __ WITHIN PARCEL KLMARE, NIM- OWIRUL SNE YAP AW04DM PER LAW OA OWN"REGUEST LLTTTR DATm 11/8/97. ��Y JJJIII i u UE7AIL .— � r W i Fb cc { l0 s � �•- a z nor,10#914 r BK SANrA Asa CRU� o NORM. ERAI lNE0 NYOILO.110.NA-N,Is 11-IMTI COUy 'ry >b (V V 'fl1;<I;IPOi1MATIpN qN Tmj* PtAt IV PNpW11(:p RdR B LAW..0 L 91.-Assssa � tNiil M w�w•1 r1r�/ YOUR CONVENIENCE AS A GUIDE TO THE GENERAL Itt" '"A 1�'- "T N LOCATION OF THE BU&JECT PROPERTY.THE ACCURACY AUG t B 2001 "" "Y""'70m OF THIS PLAT IS NOT GUARANTEED,NOR IS IT A PART OF ANY POLICY,REPORT OR GUARANTEE TO WHICH IT MAY BE ATTACHED.- PRELIMINARY REPORT SANTA CRUZ TrME COMPANY ® 201 River Stress,Santa Cruz.CA 95060(831)42640901 FAX(831)4264511 O 223 River Street#C,Santa Cruz,CA 95M(431)466.1974/FAX(631)471-0690 CI $30 Say Avenue,#A.C kola CA 95010+sp 83 1 479.9229/( ) FAX(831)4794641 0 1956 41st Avenue,#A-5,Capitola,CA 9W10(S31)476.5000/FAX(831)476.1647 O 4340 Scotts Valley Dr.#A,Scotts Valley,CA 95066(831)436.4200/FAX(831)438-5369 0 9055 Soquei Drive,Aptos,CA 95003(831)888 0586/FAX(831)6884625 O 1820 Main Street,Watsonville,CA 95076(831)T2"KW/FAX(831)724.2633 O 1541 Pacific Avenue,#D,Santa Cruz CA 50 � 60 (031)426-1711 /FAX(831)427.3217 August 12.2002 I PORTANT WHEN REPLYING REFER TO NORTH AMERICAN TITLE COMPANY OUR NO.: 09487899 JHM 497 NORTH SANTA CRUZ AVENUE LOS GATOS,CA 95030 ATTENTION: SUSAN TROVATO Escrow Officer YOUR NO.: S6007.WIT1149-SKT PROPERTY: UNIMPROVED in response to the above referenced Application for a Policy of tide insurance, Santa Cruz 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 Tide insurance, describing the land and the estate or interest therein hereinafter set forth,Insuring sgainat baps which may be sustained by reason of any defect,lien, or encumbrance not shown or referred to as an Exception below or riot excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of sold pocky forms. The pdr ted Exceptions and Exclusion from coverage of said Poky or Policies are set forth in Exhibit A attached, Copies of the Policy fonns should be read. They are available from the office which issued this Report. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTION) AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLU31ON9 ARE MEANT TO PROVIDE You WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT tS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT 1S NOT A WRITTEN REPRESENTATION AS TO THE CONDITIONS OF TITLE AND MAY NOT LIST ALL LIENS,DEFECTS,AND ENCUMBRANCES AFFECTIOW TITLE TO THE LAND. This report(and any supplements or amendments therabo)is issued solely for the purpose of facilitating the issuance of a Policy of Tide Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to to issuance of a Policy of Title Insurance,a Binder Or Commitment should be requested. Dated as of August 2,2002 at T:30 a.m. Judy Murray,Title Officer The form of Policy of Tide Insurance contemplated by this Report is: C.L.T.A Coverage Policy- 1990 The estate or Interest in the land herefnefter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested In: The Chy Company,a partnership composed of Hardie C.Setzer,Garner C.Setzer,and M.Yvonne Rolfe At the date hereof exceptions to coverage In addition to the printed exceptions and exclusions contained in said policy form would be as follows: See Exceptions Page One. Order Number: 09487889 JHM EXHIBIT"A" The lend referred to herein is described as follows; SITUATE IN THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: BEING ALL OF PARCEL A AS SHOWN ON THAT CERTAIN MAP ENTITLED, "PARCEL MAP OF 200± ACRE PART OF THE CHY COMPANY," WHICH MAP WAS FILED FOR RECORD ON AUGUST 23, 19791N BOOK 33 OF PARCEL MAPS, PAGE 49, SANTA CRUZ COUNTY RECORDS. APN: 098-141-12 Order Number: 09487889 JHM 1. GENERAL AND SPECIAL COUNTY(AND CITY)TAXES,A LIEN NOT YET DUE OR PAYABLE, FOR THE FISCAL YEAR 2002-2003 PARCEL NO. • 098-141.12 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY,ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5(COMMENCING WITH SECTION 75)OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA, 3. RIGHTS OF THE PUBLIC IN THAT PORTION OF SAID PROPERTY LYING WITHIN LOMA PRIETA AVENUE 4. AN EASEMENT AFFECTING THE PORTION OF SAID PROPERTY AND FOR THE PURPOSE STATED HEREIN,AND INCIDENTAL PURPOSES,AS GRANTED IN THE DEED FROM MONTEREY BAY REDWOOD COMPANY,A CORPORATION TO PACIFIC GAS AND ELECTRIC COMPANY,A CALIFORNIA CORPORATION FOR A LINE OF POLES RECORDED AUGUST 10, 1954 IN BOOK 980, PAGE 249 OFFICIAL RECORDS OF SANTA CRUZ COUNTY AFFECTS REFERENCE TO SAID INSTRUMENT IS HEREBY MADE FOR FURTHER PARTICULARS NO ASSURANCE IS MADE HEREUNDER AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT S. THE TERMS, COVENANTS AND PROVISIONS, RELATIVE TO THE MATTERS STATED HEREIN,OF AN AGREEMENT DATED : JUNE 14, 1979 EXECUTED BY THE CHY COMPANY,A CALIFORNIA GENERAL PARTNERSHIP AND PELICAN TIMBER COMPANY, A CALIFORNIA GENERAL PARTNERSHIP RELATIVE TO EASEMENTS,MAINTENANCE AND TIMBER RIGHTS RECORDED JUNE 15, 1979 IN BOOK 3070,PAGE 325 OFFICIAL RECORDS OF SANTA CRUZ COUNTY AND RE-RECORDED ; JULY 5, 1979 1N BOOK 3078,PAGE 560 OFFICIAL RECORDS OF SANTA CRUZ COUNTY 6. RECITALS,REQUIREMENTS OR OTHER MATTERS AS SHOWN ON THE MAP OF "PARCEL MAP OF 200,(MORE OR LESS)ACRE PART OF THE C.H.Y.COMPANY" FILED FOR RECORD AUGUST 23, 1979 IN BOOK 33 OF MAPS,PAGE 49 SANTA CRUZ COUNTY RECORDS AS FOLLOWS, IN PART THIS PARCEL IS NOT A BUILDABLE SITE UNTIL AN AMENDMENT TO 79-635-MLD IS MADE IN WHICH THE REQUIREMENTS FOR A BUILDABLE SITE ARE MET. Continued Exceptions Par I Order Number: 09487ng JHM 7. AN EASEMENT AFFECTING THE PORTION OF SAID PROPERTY AND FOR THE PURPOSE STATED HEREIN.AND INCIDENTAL PURPOSES,AS SHOWN OR DEDICATED ON THE MAP OF "PARCEL MAP OF 200,(MORE OR LESS)ACRE PART OF THE C.H.Y.COMPANY" FILED FOR RECORD AUGUST 23, 1979 IN BOOK 33 OF MAPS,PAGE 49 SANTA CRUZ COUNTY RECORDS FOR 40 FOOT RIGHT OF WAY FOR INGRESS AND EGRESS APPURTENANT TO PARCEL B AFFECTS WESTERLY PORTION OF PREMISES NO ASSURANCE IS MADE HEREUNDER AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT �F$ A: NO TRANSFER OR AGREEMENTS TO TRANSFER THE PROPERTY DESCRIBED HEREIN APPEAR OF RECORD WITHIN TWENTY-FOUR MONTHS OF THE DATE OF THIS REPORT. TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY INSTRUMENT GRANT DEED FROM PELICAN TIMBER COMPANY,A CALIFORNIA GENERAL PARTNERSHIP TO THE CHY COMPANY,A PARTNERSHIP COMPOSED OF HARDIE C.SETZER,GARNER C. SETZER AND M.YVONNE ROLFE RECORDED JANUARY 22, 1980 IN BOOK 3156,PAGE 465 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 3154 & LAST INSURED DATE : OVER FIVE YEARS C. THE FOLLOWING IS SHOWN FOR TAX PRORATION PURPOSES ONLY. THE INSTALLMENTS SHOWN HEREUNDER ARE PAID IN FULL,UNLESS OTHERWISE SHOWN IN THIS REPORT AS A NUMBERED EXCEPTION. GENERAL AND SPECIAL COUNTY(AND CITY)TAXES, INCLUDING PERSONAL PROPERTY TAX, IF ANY FOR THE FISCAL YEAR : 2001-2002 LAND VALUATION $84.292.Q0 IMPROVEMENT VALUATION $-0. PERSONAL PROPERTY $-0. EXEMPTIONS $.0- CODE AREA NO. 79-032 PARCEL NO. 098-141-12 13T INSTALLMENT $474.34 2N0INSTALLMENT $474.34 Continued Exceptions hge2 Order Number:, 0907889 JHM NOTES-CONTINUED D. A CERTIFIED COPY OF A STATEMENT OF PARTNERSHIP AUTHORITY(FORM GP-1)AND ANY AMENDMENTS THERETO, FILED IN THE OFFICE OF THE SECRETARY OF STATE OF THE STATE OF CALIFORNIA PURSUANT TO UNIFORM PARTNERSHIP ACT OF 1994, SECTION 16100 ET$EQ.OF THE CORPORATIONS CODE, DISCLOSES THE FOLLOWING: CURRENT GENERAL PARTNERS HARDIE C. SETZER,G.CAL SETZER,AS TRUSTEE OF THE CAL&JO ANN SETZER TRUST DATED 9f9194 OF : THE CHY COMPANY RECORDED FEBRUARY 18, 1999 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 1999-0011917 E THIS IS A TITLE ONLY ORDER,AND AS SUCH THIS OFFICE WILL NOT BE PERFORMING ANY ESCROW FUNCTIONS. FOR QUESTIONS PERTAINING TO YOUR ESCROW PLEASE CONTACT NORTH AMERICAN TITLE COMPANY ADDRESS 497 NORTH SANTA CRUZ AVENUE LOS GATOS,CA 95030 TELEPHONE NO. 408-354-3212 ATTENTION SUSAN TROVATO REFERENCE 56007-52171149-SKT F. THE POLICY OR POLICIES OF TITLE INSURANCE CAUSED TO BE ISSUED IN THIS TRANSACTION WILL BE ISSUED BY ONE OF OUR AUTHORIZED UNDERWRITERS. G. NOTE: THE ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(10-17-90)CONTAINS SPECIFIC DEDUCTIBLE AMOUNTS AND SPECIFIC LIABILITY MAXIMUMS FOR COVERED RISK NUMBERS 14, 15, 16 AND 18 OF SAID POLICY THAT HAVE BEEN FILED AND APPROVED BY THE VARIOUS DEPARTMENTS OF INSURANCE WHERE THE FORMS HAVE BEEN FILED. PLEASE CONSULT WITH YOUR ESCROW OR TITLE OFFICER IF YOU HAVE QUESTIONS REGARDING THE POLICY, BGR:bp Continued Exceptions Page 3 ©E■rr■rrxr UNA,cany�a+wwrr as 1 u, I J v o., K.l t_., f4.U.b. k 106 cAsrEa r P9 k 10 F t ? fta _ :— 9WNOAar ire- 45 �C ti saotr� �j�-i ., Sl1NMl AUGKNrallpN - RA . ._ NCHO r � R■ Apr 41 i �v A Q ■ ■ V �®1e k10 Q 01 [L 7 1■} 4 2 • A t 1C !f a� H i Ld J 13 ) i� r3k.9 chat: Note - Assessor's Parcel & Block 18 Assessor's Mnp No. 98-14 Numbers-Shown in Circles. County of Santa Cruz, Colir.. — —_—_ Jon 1997 'SIERRA`�ZII�L O S,P. �VIROS� r-- e �t Jr Water 1 Easements \ r huai' t Access Easement 1 Retained Loma _ Prieta Site -7 Portion of Santa Clara �- -SAN J�E %' Approx. 36 Acres WATE \ Co. APN 562-12-022 Y Y --} Approx. 39 Acres \ IJ a' _ \Jr� Public Utility ` �a,o \ Access _--� Easements mow '��'` Easements Santa Clara Co. N, \ ' ? 562-12-021 Al�po�c 593 � \ � Acres l(/ r- mBYPR /f Santa Cruz O, APM 098-14 -1 appox. 195;Acr6k 0-- LOMA`PRIETA�ANC� "r = —=� B "11_~'-'� \ (POST) _j 1 TR S.1ArcView.ProIectstSierrs_AeunChy_CornpanytEzhiU,t_CNE.ahibit C Ptlt EXHIBIT C 0 0.25 0.5 1Mile Exhibit D 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 Sections 6103, 27383. PUBLIC AGENCY ACQUIRING TITLE, QUITCLAIM DEED CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 By: THE CHY COMPANY, A CALIFORNIA GENERAL PARTNERSHIP, does 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 Resource Code Any right, title or interest in that certain real property in the unincorporated area of the County of Santa Cruz, and Santa Clara County State of California being more particularly described in"Exhibit I" as attached hereto and incorporated herein by this reference and in that certain Grant and Reservation of Easements/Grant and Reservation of Profits recorded on June 15, 1979 in Book 3070, Page 325 and re-recorded July 5, 1979 in Book 3078, Page 560 Official Records of Santa Cruz County. THE CHY COMPANY, A CALIFORNIA COUNTY OF GENERAL PARTNERSHIP By: On before me, Hardie C. Setzer, Its General Partner Personally appeared By: G personally known to me-OR-G proved to me on the basis of satisfactory evidence G. Cal C. Setzer, Its General Partner to be the personist whose name(s) - is/are subscribed to the within STATE OF CALIFORNIA nstrument and acknowledged to me B that helshe/they executed the same y: in d thatrby hi authorized capa urels sl, Jo Ann Setzer, Its General Partner end that by his/her/their signaturelst , on the instrument the person(sb or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seat. Exhibit D By: Ca1Sam J. Enterprises, a California Limited Partnership iP By: G. Cal C. Setzer, Its General Partner Date By: Jo Ann Setzer, Its General Partner Date By: SETZER RECOCABLE TRUST FEBRUARY 29, 2000, AS MODIFIED AND RESTATED JULY 22, 2002 By: Hardie C. Setzer, Trustee Date: Hardie C. Setzer By: G. Cal C. Setzer Date: By: Jo Ann Setzer Date: Exhibit "E" Disclosure Schedule 1. Abandoned Vehicles ■ Numerous prior incidents of continuous abandonment, and subsequent removal initiated by Seller, of motor vehicles (all on the Santa Clara County parcel —APN 562-12-021); and ■ Presently, one abandoned automobile just over the westerly edge of Loma Prieta Road approximately one-quarter mile north of its intersection with the road to Mt. Madonna (affecting Santa Clara County parcel APN 562-12-021) 2. Illegal Disposal of Household Garbage and Yard Trimmings ■ Presently, four known locations of illegal dumping at the following locations along Loma Prieta Road: ■ One-quarter mile east of Seller's westerly boundary line at the southerly edge of Loma Prieta Road (affecting Santa Cruz County parcel APN 098-141-12); ■ One-quarter mile west of Seller's easterly boundary line at the southerly edge of Loma Prieta Road near its intersection with the road to Mt. Madonna (affecting Santa Cruz County parcel APN 098-141-12); ■ One-quarter mile north of the intersection of Loma Prieta Road and the road to Mt. Madonna at the easterly edge of Loma Prieta Road (affecting Santa Clara County parcel APN 562-12-021); and ■ At the westerly edge of the intersection of Loma Prieta Road with the roads to Sierra Azul and Loma Chiquita (affecting Santa Clara County parcel APN 562-12-021). 3. Unauthorized Storage (and subsequent removal) of Vehicles - at the intersection of Loma Prieta Road with the roads to Sierra Azul and Loma Chiquita (affecting Santa Clara County parcel APN 562-12-021): ■ Two mobile homes on one occasion; ■ Numerous demolished automobiles over a period of approximately one month. 4. Unauthorized off-highway vehicle traffic along ridgelines following fuel break construction by the California Department of Forestry during the Lexington Fire of 1985 (affecting Santa Cruz County parcel APN 098-141-12 and Santa Clara County parcels APN's 562-12-021 and 562-127022). {5484/2489/CVC/626596.D0C;) Regional Open . _ ace ------------ R-02-137 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-23 December 11, 2002 AGENDA ITEM 6 AGENDA ITEM Proposed Addition of Peninsula Open Space Trust Prope (form Lo r' to Ranch) to Mt. Umunhum Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS- 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 authorizing purchase of the Peninsula Open Space Trust property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report and naming the property as an addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space at this time. DISCUSSION At your September 22, 1999 meeting, you approved an Assignment and Management Agreement with Peninsula Open Space Trust (POST) for Loma Prieta Ranch Property located south of Mt. Loma Prieta and north of the Soquel Demonstration State Forest (see Report R- 99-25). Under the terms of the Assignment Agreement, the District is obligated to acquire the property from POST for the full amount of the $1,000,000 purchase price within three years. To assist with the acquisition, the District has successfully obtained two Habitat Conservation Grants, totaling $500,000. In July 2000, a $274,000 grant was awarded to the District in the category of Anadromous Salmonids and Trout Habitat, followed by a second grant in 2001, in the category of Deer and Mountain Lion Habitat in the amount of$226,000. Since POST's acquisition of the property, the District has provided ongoing stewardship for the property by maintaining roads, fences, and gates, and regularly patrolling the site. In addition to obtaining grants during the three-year period, the District has explored annexation of the property, as well as the possibility of transferring ownership of the property to the state for inclusion in the Forest of Nisene Marks State Park and or the Soquel Demonstration State Forest (SDSF). The property is outside of the District's Sphere of Influence, but will be contiguous to the Sierra Azul Open Space Preserve upon the close of 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette Hanko, Larry Hassett, Kenneth C. Nitz • General Manager:L.Craig Britton R-02-137 Page 2 escrow of the CHY property acquisition which you have considered earlier at this meeting (see Report R-02-138). Annexation of the property has been determined to be consistent with the District's Acquisition Policies. Although the state has declined to accept the property, the District is committed to completing this acquisition because of the property's importance to the operation and planning of the Sierra Azul Open Space Preserve, and its trail system, to preserving valuable habitat and wildlife corridors within the Preserve, and in providing the missing link in a regional trail connecting Sierra Azul Open Space Preserve and the Bay Area Ridge Trail to the sea. Description (see attached map) The 493-acre POST Loma Prieta Ranch is located on the southwestern slope of Mt. Loma Prieta, in Santa Cruz County. Spanning an area between the CHY property which fronts on Loma Prieta Road and Highlands Way, forested property is a natural extension of Sierra Azul Open Space Preserve. The SDSF and Forest of Nisene Marks State Park are directly to the south and connected by Highland Way and a parking and trail easement. The planned San Francisco Bay Area Ridge Trail is within one-quarter mile of the property. Acquisition of the property is most important in terms of protecting valuable steelhead and mountain lion habitat and corridors, enhancing the preserves trail system and by providing a regional trail connection to nearby state parks. The property is generally steep with elevations ranging from 1,600 feet near the south boundary to 2,800 feet nearer to Loma Prieta Road. Two prominent features of the property include Rattlesnake Gulch which bisects the site in the north-south direction, and a large, relatively level plateau at the 2,500-foot elevation. Rattlesnake Gulch has a perennial creek that is the largest tributary to the headwaters of Soquel Creek and home to the federally threatened steelhead trout. Lush riparian vegetation along the creek includes a few old growth fir and redwood trees. A timber harvest was last conducted in 1994. The upper portion of the property contains chaparral, oak woodland, and an attractive stand of knobcone pine; the lower elevation has several acres of redwood forest. The array of vegetative zones provides habitat for an unusually large variety of animals, including six California Special Status Species and four locally rare species. The northern portion of the property can be accessed from Loma Prieta. Road on a gated, unsurfaced road that is located on a 400-foot easement passing through an adjacent CHY property. The access road descends steeply to the northern boundary of the POST property and then continues down a ridge to a series of relatively level terraces near the center of the property. A second entrance to the southern portion of the property is from Highland Way, which intersects Summit Road to the west and Eureka Canyon Road to the east. Landslides sometimes prevent use of the road to the west of the property, leaving access to the lower portion of the property from Eureka Canyon Road that originates in the community of Corralitos. The Forest of Nisene Marks State Park and SDSF both provide recreational trails with public parking areas and interconnecting trail systems. The trail system provides two routes from R-02-137 Page 3 Highlands Way to the coast: one to Soquel Drive in Aptos and the other to the Town of Soquel. The Loma Prieta Ranch trail from top to bottom easily connects to the public parking area and trailhead for SDSF, which is located only a few hundred feet to the east of the property's entrance on Highland Way. Improvements to the property are limited to an unsurfaced road, gates, fencing, and a well. The road descends from Loma Prieta. Road to Highlands Way and is being maintained as a seasonal patrol road. A District gate has been installed at the Highlands Way entrance, replacing a large gate and berm installed by a previous owner to eliminate serious trespass problems that have now subsided. Those problems included illegal target shooting and access by four-wheel drive vehicles and motorcycles. The illegal target shooting activity resulted in contaminating two small areas near Rattlesnake Gulch, but these were successfully cleaned up in 1994 with the proceeds of a redwood timber harvest. A chainlink fence remains along a section of Highlands Way on both sides of the gate. The well is located near the center of the property and is capped and secure. USE AND MANAGEMENT PLAN Planning Considerations The property is located within 400 feet of the District's Sphere of Influence boundary and is entirely with the unincorporated area of Santa Cruz County. Open space use of the property is consistent with Santa Cruz County's General Plan, and a regional trail connecting Sierra Azul Open Space Preserve, SDSF, and Forest of Nisene Marks State Park is proposed in the District's Regional Open Space Study. Due to the close relationship of the property to SDSF and Forest of Nisene Marks State Park, the District has and will continue to explore the possibility of combining the property with one of the state facilities or entering into a cooperative management agreement. The District will also pursue annexation of the property into the District's jurisdiction. The public will benefit from District ownership because open space or park use of the property will protect the resources of both the preserve and the park, as well as provide the opportunity to establish a critically important regional trail connection from the Bay Area Ridge Trail to SDSF, Forest of Nisene Marks State Park, and the coastal trail. This acquisition is both necessary and appropriate for the purpose of District development and maintenance of the Sierra Azul Open Space Preserve, and will enable the District to develop and maintain an appropriate and highly desirable trail system within the Preserve. POST will retain a conservation easement over the property to ensure the property will be maintained in a natural condition. Under the conditions of the open space easement, the property is to be dedicated as public open space. Dedication is also appropriate under the grant projects as these would also preclude other uses than parks and open space. PreliminaKy Use and Management Plan R-02-137 Page 4 The preliminary use and management plan will take effect upon close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and eventually open for low intensity recreation use. Future land use decisions, including plans for public access, will be subject to public input and further environmental assessments to ensure land use decisions are consistent with ecological values. Public Access: Closed to the public until a more detailed management plan can be prepared. Patrol: Regularly patrol the property; investigate cooperative agreements with other agencies. Roads: Maintain primary access road from Loma Prieta Road to Highland Way. Cleanup: Remove abandoned vehicle from roadside near Highland Way entrance. Signs: Maintain signs installed while managing the property for POST. Dedication: Indicate your intention to dedicate as public open space; dedication is a requirement of the Conservation Easement being held by POST and appropriate under the grants projects. Name: Name the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. Site Safety Inspection: Inspections of the property are complete and there are no hazards that need to be mitigated. CEQA COMPLIANCE Project Description The project consists of the acquisition of the 493-acre Peninsula Open Space Trust property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space, and the concurrent adoption of a Preliminary Use and Management Plan for the property. Ultimately, the property will be included in a Comprehensive Use and Management Plan for the nearby Sierra Azul Open Space Preserve. The land will be permanently preserved as open space and will be maintained in a natural condition. Although closed to the public during the planning process, the property will eventually be open for low intensity recreation use. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural R-02-137 Page 5 condition and the management plan proposes to keep the area in a natural condition. 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. The acquisition will accept fee interests and will maintain the property as open space. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space. The acquisition qualifies under all three sections and is also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS AND FUNDING The 493-acre POST Loma Prieta Ranch Property is being acquired at a purchase price of $1,000,000 (approximately$2,028 per acre). This is the same price POST paid for the property in September 1999. Funding assistance is being provided by two grants from the State of California, Habitat Conservation Fund totaling$500,000 which is fifty percent of the purchase price. As part of this transaction, POST will reserve a conservation easement ensuring that the property will be maintained in a natural condition to provide for future open space and public low-intensity recreation. The conservation easement also requires the District to dedicate the property as public open space, which is also appropriate under the grants. , As a requirement of the Property Management Agreement with POST as previously approved by you,the District agreed to reimburse POST for all their costs associated with the purchase and ownership of the property. These costs are estimated not to exceed$7,000 and cover title and escrow costs, legal fees, inspections, liability insurance and property management costs. Reimbursement of these costs is subject to District review and approval of invoices and documentation verifying these expenditures, and is within the General Manager's budgeting authority. BUDGET CONSIDERATIONS 2002-2003 Budget for Land Acquisition New Land $25,000,000 New Land Purchased this year (5,942,000) POST (Loma Prieta.Ranch)proposed on this agenda item (1,000,000) The CHY Company proposed on a previous agenda item (3,000,000) Acquisition Budget Remaining 15.058.000 R-02-137 Page 6 i 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. I Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative l Contact person: Michael C. Williams, Real Property Representative I I PROPOSED POST LOMA PRIETA RANCH ACQUISITION r� II RA A L O.S.P. vo w� ease a 0 �BLIM ua Q' -A N JOS A E 1 �_ OP a Lo ,. Y , I C PRNZ MA'PRIE'T RANCH--' C� �P1QS ) r V ,: S UEL I EM NS ON w ... :.. " r TR S:tArcVlewtProjectstLoma_Prieta_RaOchtBoardReport\LoinaPrleta_120402.pdf 0 0.125 0.25 0.5 0.75 1 Miles N i RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, EXECUTE RESERVATION OF CONSERVATION EASEMENT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE—LANDS OF POST) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Peninsula Open Space Trust and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute the Reservation of Conservation Easement on behalf of the District and a Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and other transactional documents which do not involve any material change to any term of the Agreement or other transactional documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Four. The General Manager of the District is authorized to expend up to $20,000.00 to cover the cost of title insurance, escrow fees, permitted POST ownership costs and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$I 000,000 from the proceeds of the next long-term District P g 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 expenditure is of thispayment e Section I.103-18 of the Treasury Regulations. The reimbursementp consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. PURCHASE AGREEMENT This Agreement is made and entered into by and between PENINSULA OPEN SPACE TRUST, a California non-profit, public benefit corporation, hereinafter called "POST", and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, POST was organized as a non-profit, charitable corporation to solicit, receive and hold gifts, legacies, devises and conveyances of real and personal property for public park, conservation and open space purposes, all in a manner complementary to activities of District; and WHEREAS, the property, assets, profits and net income of POST are irrevocably dedicated to said purposes and no part of the profits or net income of POST shall ever incur to the benefit of any individual; and WHEREAS, POST is the owner of certain real property which has open space and recreational value located within an unincorporated area of the County of San Mateo, 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, or bargain purchase 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, POST out of desire to promote public welfare, and share the natural and scenic beauty and enjoyment of their property with the citizens of the Midpeninsula area, hereby agrees 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. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. POST agrees to sell to District and District agrees to purchase from POST, POST's real property located within an unincorporated area of the County of Santa Cruz, State of California, containing approximately four hundred ninety-three Purchase Agreement Page 2 (493) acres, more or less, and commonly referred to as Santa Cruz County Assessor's Parcel Numbers 098-141-010 and 011. Said real property is further described in the Legal Description attached to Preliminary Report number 09490218 from Santa Cruz Title Company dated September 3, 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 and appurtenances shall hereinafter be called the "Subject Property" or the "Property." A. POST shall reserve a conservation easement over the Property for open space preservation, natural resource protection and public access in the form of a Grant Deed Subject to Reservation of Conservation Easement attached hereto as Exhibit "B", and incorporated herein by this reference. B. Dedication . District shall dedicate its interests and or rights in the Subject Property in accordance with Section 5540 of the Public Resources Code of the State of California. 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be One Million and No/100 Dollars ($1,000,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Santa Cruz Title Company, 201 River Street, Santa Cruz, CA 95060 (831) 426-9090 (Escrow number 09490218) or other title company acceptable to District and POST (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 December 31, 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 Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Cruz County. Purchase Agreement Page 3 B. POST 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. POST shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed Subject to Reservation of Conservation Easement, in the form attached hereto as Exhibit "B". D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed Subject to Reservation of Conservation Easement, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of One Million and No/100 Dollars ($1,000,000.00). 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 POST in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and POST as of the Closing based upon the latest available tax information using the customary escrow procedures. F. POST shall cause Santa Cruz Title Company, or other title company acceptable to District and POST, 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 $1,000,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) exceptions numbered 3, 4 and 7 as listed in Preliminary Report No. 09490218 dated September 3, 2002; 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 and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed Subject to Reservation of Conservation Easement and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Cruz County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to POST Escrow Holder's check for the full purchase price of the Subject Property (less POST's portion of the expenses described in Section 3.E.), and to District or POST, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as Purchase Agreement Page 4 provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. POST's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, POST makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authority. POST has 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 POST to District now or at the Closing have been or will be duly authorized and executed and delivered by POST and are legal, valid and binding obligations of POST sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which POST is a party or by which POST may be bound or any articles, bylaws or corporate resolutions of POST. 6. Waiver of Relocation Benefits and Statutory Compensation. POST and District understand and agree that POST may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91- 646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246- 256) (42 U.S.C. '4601 et seq.), and the California Relocation Assistance Act, Government Code Section 7260 et seq. POST hereby waives any and all existing and/or future claims or rights POST may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there under and to any other compensation, except as provided in this Agreement. POST has been advised as to the extent and availability of such benefits, procedures, notice periods, and assistance, and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement, including the fair market value of said Property. 7. Miscellaneous Provisions. Purchase Agreement Page 5 A. Access for Investigations. From the date POST delivers an executed copy of this Purchase Agreement to District and until the Closing, District and District's agents, lender, contractors, engineers, consultants, employees, subcontractors and other representatives (the "District Parties") may, upon the giving of reasonable advance written notice to POST, enter upon the Property for the purpose of inspecting, testing and evaluating the same; provided, however, that District may not perform any work on the Property without POST's prior written consent, which shall not be unreasonably withheld or delayed and further provided that District shall give POST at least 24 hours prior notice of each proposed entry by District. District shall indemnify, protect, defend and hold POST free and harmless from and against any and all claims, actions, causes of action, suits, proceedings, costs, expenses (including, without limitation, reasonable attorneys' fees and costs), liabilities, damages, and liens caused by the activities of District Parties while upon the Property prior to the Closing; provided, however, the foregoing indemnity shall not cover or include any claims, damages or liens resulting from District's discovery of any Hazardous Substance or other pre-existing adverse conditions pursuant to its inspections, testing or evaluation. District's inspections shall be at District's sole expense. District shall repair any damage to the Property that may be caused by the District Parties while on the Property performing its inspections. B. 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. C. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or POST pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. D. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. Purchase Agreement Page 6 E. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: POST: 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 District: 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 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. F. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. Purchase Agreement Page 7 G. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. H. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. I. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. J. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. K. Survival of Covenants. All covenants of District or POST 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. L. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. M. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. N. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. O. 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. Purchase Agreement Page 8 P. 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. Q. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. including the right to discovery. Hearings shall be held in Santa Clara or 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 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 8. Acceptance. Provided that this Agreement is executed by POST and delivered to District on or before December 9, 2002, District shall have until midnight December 18, 2002 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by POST to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. Purchase Agreement Page 9 Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. 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: POST: MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST, SPACE DISTRICT a California non-profit, public benefit Corporation ACCEPTED FOR RECOMMENDATION Audrey C. Rust, President Michael C. Williams, Real Property Date: Representative APPROVED AS TO FORM: Susan M. Schectman, General Counsel RECOMMENDED FOR APPROVAL: L. Craig Britton, General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: kjXHjbj,r PRELIMINARY REPORT SANTA CRUZ TITLE COMPANY 0 201 River Street,Santa Cruz,CA 95060 (831)426-9090/ FAX(831)426-8511 ❑ 223 River Street#C, Santa Cruz, CA 95060 (831)466-1974 I FAX(831)471-0990 ❑ 830 Bay Avenue,#A, Capitola, CA 95010 (831)479-9229/FAX(831)479-3641 ❑ 1955 41st Avenue,#A-5, Capitola, CA 95010 (831)476-5000/FAX(831)476-1647 ❑ 4340 Scotts Valley Dr. #A, Scotts Valley, CA 95066 (831)438-4200/ FAX(831) 438-5369 ❑ 9055 Soquel Drive,Aptos, CA 95003 (831)688-9566/FAX(831) 688-8625 ❑ 1820 Main Street,Watsonville, CA 95076(831) 724-8804/FAX(831)724-2633 ❑ 1541 Pacific Avenue,#D, Santa Cruz, CA 95060 (831)426-1711 / FAX (831)427-3217 September 11, 2002 IMPORTANT WHEN REPLYING REFER TO Santa Cruz Title Company OUR NO.: 09490218 ALK ATTENTION: Andrea Kisling Escrow Officer YOUR NO.: PROPERTY: Unimproved In response to the above referenced application for a Policy of title insurance, Santa Cruz 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 Exclusion from coverage of said Policy or Policies are 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 PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITIONS OF TITLE AND MAY NOT LIST ALL LIENS,DEFECTS,AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. This report(and any supplements or amendments thereto)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 Title Insurance,a Binder or Commitment should be rer sted. Dated as of September 3, 2002 at 7:30 a.m. — Harold Wishard, Title Officer The form of Policy of Title Insurance contemplated by this Report is: C.L.T.A Coverage Policy-1990 The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AS TO PARCEL ONE AND AN EASEMENT AS TO PARCEL TWO Title to said estate or interest at the date hereof is vested in: Peninsula Open Space Trust,a California Non-Profit Public Benefit Corporation At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: See Exceptions Page One. urder Number: 09490218 ALK 1. GENERAL AND SPECIAL COUNTY(AND CITY)TAXES, A LIEN NOT YET DUE OR PAYABLE, FOR THE FISCAL YEAR 2002-2003 PARCEL NO. : 098-141-10 098-141-11 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY,ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5(COMMENCING WITH SECTION 75)OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3. RIGHTS OF THE PUBLIC IN THAT PORTION OF SAID PROPERTY LYING WITHIN ANY AND ALL COUNTY MAINTAINED ROADS OR HIGHWAYS 4. THE EFFECT OF THAT CERTAIN DECREE ENTERED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR SANTA CRUZ COUNTY, CASE NUMBER 57081, FILED BY THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD RECORDED MARCH 14, 1977 IN BOOK 2731, PAGE 581 OFFICIAL RECORDS OF SANTA CRUZ COUNTY CONCERNING RIPARIAN AND OTHER WATER RIGHTS WITHIN THE SOQUEL CR EEK STREAM SYSTEM REFERENCE IS HEREBY MADE TO THE RECORD FOR FULL PARTICULARS. 5. A GRANT AND RESERVATION OF EASEMENTS/GRANT AND RESERVATION OF PROFITS EXECUTED BY THE CHY COMPANY AND PELICAN TIMBER COMPANY, BOTH CALIFORNIA GENERAL PARTNERSHIPS RECORDED JUNE 15, 1979 IN BOOK 3070, PAGE 325 OFFICIAL RECORDS OF SANTA CRUZ COUNTY AND RE-RECORDED JULY 5, 1979 IN VOLUME 3078, PAGE 560 WHEREIN SAID PARTIES CONVEY TO EACH OTHER CERTAIN PROFITS AND EASEMENTS APPURTENANT THERETO, A SPECIFICALLY DESCRIBED THEREIN. AFFECTS REFERENCE IS HEREBY MADE TO THE RECORD FOR FULL PARTICULARS 6. THE TERMS, COVENANTS AND PROVISIONS, RELATIVE TO THE MATTERS STATED HEREIN, OF AN AGREEMENT DATED , 1992 EXECUTED BY PELICAN TIMBER COMPANY, A CALIFORNIA GENERAL PARTNERSHIP AND ROGER A. BURCH, A MARRIED MAN RELATIVE TO ALLOCATION AND INDEMNITY CONCERNING EASEMENTS RECORDED : DECEMBER 8, 1992 IN VOLUME 5164, PAGE 908 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 93009 Continued Exceptions Page I order Number: 094�90218 A U LK 7. THE TERMS,COVENANTS AND PROVISIONS, RELATIVE TO THE MATTERS STATED HEREIN, OF AN AGREEMENT DATED AUGUST 9,1 996 EXECUTED BY COUNTY OF SANTA CRUZ, PETE PARKINSON/ PRINCIPAL PLANNER RELATIVE TO UNCONDITIONAL CERTIFICATE OF COMPLIANCE AND FURTHERMORE, THIS CERTIFICATION OF COMPLIANCE SHALL NOT CONSTITUTE A DETERMINATION THAT SAID PARCEL IS BUILDABLE OR IS ENTITLED, TO A BUILDING PERMIT OR OTHER DEVELOPMENT APPROVAL WITHOUT COMPLIANCE WITH THE PROVISIONS OF ALL OTHER SANTA CRUZ COUNTY ORDINANCES AND REGULATIONS RECORDED AUGUST 22, 1996 IN VOLUME 5895, PAGE 909 OFFICIAL RECORDS OF SANTA CRUZ COUNTY NOTES A. NO TRANSFER OR AGREEMENTS TO TRANSFER THE PROPERTY DESCRIBED HEREIN APPEAR OF RECORD WITHIN TWENTY-FOUR MONTHS OF THE DATE OF THIS REPORT. TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY INSTRUMENT GRANT DEED FROM PELICAN TIMBER COMPANY, A CALIFORNIA GENERAL PARTNERSHIP TO PENINSULA OPEN SPACE TRUST, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION RECORDED DECEMBER 2, 1999 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 1999-0075783 B. LAST INSURED DATE DECEMBER 12, 1999 C. THE FOLLOWING IS SHOWN FOR TAX PRORATION PURPOSES ONLY. THE INSTALLMENTS SHOWN HEREUNDER ARE PAID IN FULL UNLESS OTHERWISE SHOWN IN THIS REPORT AS A NUMBERED EXCEPTION. GENERAL AND SPECIAL COUNTY(AND CITY)TAXES, INCLUDING PERSONAL PROPERTY TAX, IF ANY FOR THE FISCAL YEAR 2001-2002 LAND VALUATION $765,000.00 IMPROVEMENT VALUATION $-0- PERSONAL PROPERTY $-0- EXEMPTIONS $-0- CODE AREA NO. 79-032 PARCEL NO. 098-141-10 1ST INSTALLMENT $4,031.16 2ND INSTALLMENT $4,031.16 Continued Exceptions Page 2 ---der Number: 09490218 ALK C. CONTINUED THE FOLLOWING IS SHOWN FOR TAX PRORATION PURPOSES ONLY. THE INSTALLMENTS SHOWN HEREUNDER ARE PAID IN FULL UNLESS OTHERWISE SHOWN IN THIS REPORT AS A NUMBERED EXCEPTION. GENERAL AND SPECIAL COUNTY(AND CITY)TAXES, INCLUDING PERSONAL PROPERTY TAX, IF ANY FOR THE FISCAL YEAR 2001-2002 LAND VALUATION $255,000.00 IMPROVEMENT VALUATION $-0- PERSONAL PROPERTY $-0- EXEMPTIONS $-0- CODE AREA NO. 79-032 PARCEL NO. 098-141-11 1sT INSTALLMENT $1,422.51 2ND INSTALLMENT $1,422.51 D. THE FOLLOWING APPEAR AS APPURTENANCES, OR APPEAR AS AN APPURTENANCE, TO THE HEREIN DESCRIBED LANDS,AND THE PRINCIPALS HERETO MAY REQUEST THAT THE SAME BE INCLUDED,WITHOUT LIABILITY TO THIS COMPANY, AS A PART OF THE DESCRIPTION IN ANY CONVEYANCE OR ENCUMBRANCE OF SAID LANDS: PARCEL THREE: RIGHTS CONTAINED IN THAT CERTAIN"GRANT AND RESERVATION OF EASEMENTS/GRANT AND RESERVATION OF PROFITS", EXECUTED BY THE CHY COMPANY AND PELICAN TIMBER COMPANY, RECORDED JUNE 15, 1979 IN BOOK 3070, PAGE 325, AND RE-RECORDED JULY 5, 1979, IN BOOK 3078, PAGE 560, OFFICIAL RECORDS OF SANTA CRUZ COUNTY E, THE DIVISION OF CORPORATIONS OF THE STATE OF CALIFORNIA HAS PROVIDED THIS COMPANY WITH THE FOLLOWING INFORMATION REGARDING THE CORPORATE STATUS OF PENINSULA OPEN SPACE TRUST STATUS ACTIVE F. THE POLICY OR POLICIES OF TITLE INSURANCE CAUSED TO BE ISSUED IN THIS TRANSACTION WILL BE ISSUED BY ONE OF OUR AUTHORIZED UNDERWRITERS. G. NOTE: THE ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) CONTAINS SPECIFIC DEDUCTIBLE AMOUNTS AND SPECIFIC LIABILITY MAXIMUMS FOR COVERED RISK NUMBERS 14, 15, 16 AND 18 OF SAID POLICY THAT HAVE BEEN FILED AND APPROVED BY THE VARIOUS DEPARTMENTS OF INSURANCE WHERE THE FORMS HAVE BEEN FILED. PLEASE CONSULT WITH YOUR ESCROW OR TITLE OFFICER IF YOU HAVE QUESTIONS REGARDING THE POLICY. WKG/sla Continued Exceptions Page 3 Order Number: 09490218 ALK EXHIBIT"A" The land referred to herein is described as follows: SITUATE IN THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: PARCEL ONE: BEING PART OF THE LANDS CONVEYED TO PELICAN TIMBER COMPANY BY DEED DATED MAY 17, 1979 AND RECORDED JUNE 15, 1979 IN BOOK 3070 OF OFFICIAL RECORDS AT PAGE 400, SANTA CRUZ COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT THE SOUTHEASTERN CORNER OF PARCEL "A", AS SAID PARCEL IS SHOWN ON THAT MAP ENTITLED "PARCEL MAP OF 200 +/- ACRE PART OF THE C.N.Y. COMPANY" FILED IN VOLUME 33 OF PARCEL MAPS AT PAGE 49, SANTA CRUZ COUNTY RECORDS. THENCE FROM SAID POINT OF BEGINNING, ALONG THE SOUTHERN BOUNDARY OF SAID PARCEL "A", NORTH 74 DEGREES 31' WEST 267.69 FEET TO A 1/2 INCH IRON PIPE TAGGED LS 3666 AT AN ANGLE THEREIN; THENCE NORTH 53 DEGREES 52' 40" WEST 2214.86 FEET TO A 1/2 INCH IRON PIPE TAGGED LS 3666 AT AN ANGLE THEREIN; THENCE NORTH 82 DEGREES 34' 40" WEST 1832.50 FEET TO A 1/2 INCH IRON PIPE TAGGED LS 3666 AT AN ANGLE THEREIN; THENCE NORTH 81 DEGREES 00' WEST 261.41 FEET TO A 1/2 INCH IRON PIPE TAGGED LS 3666 AT AN ANGLE THEREIN; THENCE NORTH 83 DEGREES 29' WEST 662.95 FEET TO A 1/2 INCH IRON PIPE TAGGED LS 3666 AT AN ANGLE THEREIN; THENCE NORTH 86 DEGREES 01' WEST 491.00 FEET, MORE OR LESS, TO A 1/2 INCH IRON PIPE TAGGED LS 3666 AT THE SOUTHWESTERN CORNER OF SAID PARCEL"A" ON THE EASTERN BOUNDARY OF THE LANDS OF G. L. CRITTENDEN BY DEED RECORDED IN VOLUME 1844 OF OFFICIAL RECORDS AT PAGE 181, SANTA CRUZ COUNTY RECORDS; THENCE SOUTHERLY ALONG SAID EASTERN BOUNDARY OF THE LANDS OF CRITTENDEN, AS SHOWN ON THAT CERTAIN MAP FILED IN VOLUME 62 OF MAPS AT PAGE 66, SANTA CRUZ COUNTY RECORDS, SOUTH 2 DEGREES 14' WEST 2741.8 FEET, MORE OR LESS, TO THE CENTER OF HIGHLAND WAY, A COUNTY ROAD, AS NOW TRAVELLED; THENCE LEAVING SAID EASTERN BOUNDARY OF CRITTENDEN, SOUTHEASTERLY, ALONG THE CENTER OF SAID ROAD, 4285 FEET MORE OR LESS, TO THE NORTHWESTERN CORNER OF THE LANDS CONVEYED TO QUIN H. HILL BY QUITCLAIM DEED RECORDED AUGUST 13, 1991 IN VOLUME 4882 OF OFFICIAL RECORDS AT PAGE 807, SANTA CRUZ COUNTY RECORDS; THENCE SOUTHEASTERLY, CONTINUING ALONG THE CENTERLINE OF SAID ROAD, ALONG THE NORTHERN BOUNDARY OF SAID LANDS OF QUIN SOUTH 67 DEGREES 40' EAST 22.70 FEET TO AN ANGLE THEREIN; THENCE SOUTH 18 DEGREES 58' EAST 143.00 FEET TO AN ANGLE THEREIN; THENCE SOUTH 41 DEGREES 15' EAST 554.97 FEET TO AN ANGLE THEREIN; THENCE SOUTH 32 DEGREES 03' EAST 285.76 FEET TO AN ANGLE THEREIN; THENCE SOUTH 72 DEGREES 07' EAST 108.01 FEET TO AN ANGLE THEREIN; THENCE NORTH 65 DEGREES 51' EAST 153.22 FEET TO AN ANGLE THEREIN;THENCE SOUTH 69 DEGREES 5T EAST 16.87 FEET TO AN ANGLE THEREIN; THENCE SOUTH 43 DEGREES 3T EAST 452.5 FEET TO AN ANGLE THEREIN; THENCE NORTH 89 DEGREES 50'EAST 203.17 FEET TO AN ANGLE THEREIN;THENCE SOUTH 63 DEGREES 47' EAST 86.11 FEET, MORE OR LESS, TO A POINT ON THE EASTERN BOUNDARY OF THE SOQUEL AUGMENTATION RANCHO; THENCE NORTHERLY ALONG THE EASTERN BOUNDARY OF THE SOQUEL AUGMENTATION RANCHO, NORTH 2 DEGREES 28' EAST 4440.9 FEET, MORE OR LESS,TO THE POINT OF BEGINNING. .,rder Number: 09490218 ALK EXHIBIT"A"-continued PARCEL TWO: A 40 FOOT RIGHT OF WAY FOR INGRESS AND EGRESS OVER PARCEL A, AS SAID PARCEL AND RIGHT OF WAY ARE SHOWN AND DESIGNATED ON THAT CERTAIN PARCEL MAP FILED FOR RECORD AUGUST 23, 1979 IN VOLUME 33 OF PARCEL MAPS, PAGE 49, SANTA CRUZ COUNTY RECORDS. APN: 098-141-10 098-141-11 I I I Exhibit B Midpeninsula Regional Open Space District DULY RECORDED WITHOUT FEE 330 Distel Circle Pursuant to Goverment Code Los Altos, CA 94022 Sections 6103, 27383 Attn: Michael Williams BY: NO TRANSFER TAX DUE PUBLIC AGENCY ACQUIRING TITLE, CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 GRANT DEED SUBJECT TO RESERVATION OF CONSERVATION EASEMENT For Valuable Consideration, receipt of which is hereby acknowledged, PENINSULA OPEN SPACE TRUST, a California non-profit public benefit corporation Hereby GRANTS 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 County of Santa Cruz, State of California: Being more particularly described in Exhibit "I" as attached hereto and incorporated herein by this reference. RESERVING THEREFROM, a Conservation Easement as set forth in Exhibit "11", attached hereto and incorporated herein by this reference. COUNTY OF PENINSULA OPEN SPACE TRUST On before me, Personally appeared By: G personally known to me-OR-G proved to me on the basis of satisfactory evidence Audrey Rust, President STATE OF CALIFORNIA to be the penIM(s)whose name(") islam subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ld0w/their authorized capecity(ics), and IZ by hisnusr/their signature(s) on the instrument the person(s),or the emity upon behalf of which the persorKs)acted,executed the instrument. WITNESS my hand and official seal. EXHIBIT 11 RESERVATION OF CONSERVATION EASEMENT RECITALS WHEREAS, the Peninsula Open Space Trust("POST") is a private non-profit organization, existing under section 501(c)(3) of the United States Internal Revenue Code and having among its principal charitable purposes the preservation of land for scenic, open space and low intensity recreational purposes; and WHEREAS, the Midpeninsula Regional Open Space District("DISTRICT") is a public agency organized pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resource Code for the purpose of acquiring, holding and managing real property as public open space, for public recreation,natural resource protection, and compatible agriculture; and WHEREAS, POST is the legal owner of the fee interest in real property in the County of Santa Cruz, State of California, known as the"Loma Prieta Ranch Property" consisting of that certain 493 acres, more or less, of open space land hereinafter called the"Conservation Property"as more particularly described in said Exhibit"I", and POST is conveying the Conservation ull Property to District pursuant to that certain Purchase Agreement dated and WHEREAS, DISTRICT and POST recognize the special natural, scenic and cultural qualities of the Conservation Property and have the common purpose of protecting these qualities by a Reservation of Conservation Easement in favor of POST. NOW,THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, POST hereby reserves this Conservation Easement("Easement")upon, over and across the Conservation Property as described in said Exhibit"I"upon the following terms and conditions: 1. PURPOSE The purpose of the Easement is to preserve in perpetuity the natural, scenic, and cultural qualities of the Conservation Property while allowing public recreational use where appropriate and consistent with DISTRICT policies for use and management of its open space lands. DISTRICT activities on the Conservation Property are restricted by this Easement to prevent any use that will significantly impair or interfere with the natural, scenic, and cultural values. 2. RESTRICTIONS ON USE BY DISTRICT DISTRICT covenants and agrees for itself and its successors and assigns, except where,contrary rights are specifically retained as described in Section 3 below, that DISTRICT shall strictly Page 1 adhere to the following: A. The Conservation Property shall be forever be used for public park, low intensity recreation, open space, and compatible agricultural purposes and shall be dedicated to such purposes by District in accordance with Section 5540 of the Public Resources Code of the State of California. B. POST reserves the right to review and comment on any plan for significant improvements to the Conservation Property such as, but not limited to, those improvements and resource management plans described in Section 3 below. DISTRICT shall submit to POST a site plan showing the location of the proposed improvements or resource management projects prior to DISTRICT'S final approval. Within (30) days from submission of plans to POST, POST shall provide written comments to DISTRICT. Comments shall be advisory only and DISTRICT shall consider, but shall be free to accept, reject or modify POST's comments, as District deems necessary or appropriate. The final decision as to any plans or improvements for the Conservation Property shall be made by the DISTRICT consistent with the terms and conditions of this Conservation Easement and the District's Basic Policies. C. In the event DISTRICT prepares a Master Plan that includes the Conservation Property, DISTRICT shall consult with POST during the development of the Master Plan and, if a committee or task force is formed to assist with preparation of the Master Plan, DISTRICT will offer to include a POST representative in such a committee or task force. 3. PERMITTED USES AND RIGHTS OF DISTRICT A. DISTRICT reserves the right to plan, develop, use and operate the Conservation Property for public open space and recreational purposes in any manner consistent with the District's enabling legislation and Basic Policies, state and local zoning and regulations, and the state purposes, terms, conditions, and covenants of this Conservation Easement. Public open space and recreational uses may include but are not limited to low- intensity recreation facilities, multi-use trails,public parking areas, restrooms, and related infrastructure consistent with the limitations set forth in Section 2 above. B. DISTRICT may plan and conduct natural resource management conducted projects, including but not limited to projects for removal of non-native or diseased vegetation, afforestation or reforestation with native plants, or projects for scientific study, consistent with limitations set forth in Section 2 above. C. DISTRICT may restore cultural, historical and agricultural land uses deemed consistent with protecting the property's natural resources and compatible with the public open space facilities described above, consistent with limitations set forth in Section 2 Page 2 above. D. DISTRICT may enforce any law, statute, ordinance, regulation, code or rule of any lawful governmental authority which DISTRICT possesses the legal authority to enforce, including but not limited to DISTRICT'S Regulations for Use of Midpeninsula Regional Open Space District Lands, as are now in effect and as such may hereinafter be amended from time to time. E. DISTRICT may plan, use and manage the Conservation Property in accordance with all applicable DISTRICT land management policies including, where required, environmental review and if applicable, processes for incorporating public input,public workshops and public hearings prior to Board approval and implementation of Use or Management Plans or Plan Amendments. 4. ENFORCEMENT DISTRICT grants to POST, at POST's sole cost,the right,but not the obligation, to enter upon the Conservation Property upon prior reasonable notice for the purpose of monitoring and enforcing any term, condition, restriction or covenant of this Easement or to prevent or prohibit the material breach of any condition,restriction or covenant of this Easement. 5. COSTS AND RESPONSIBILITIES DISTRICT retains all responsibility and costs related to the ownership, operation, upkeep and maintenance of the Conservation Property. DISTRICT shall keep the Conservation Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by DISTRICT. DISTRICT, its successors and assigns, shall be responsible for, indemnify and save harmless POST, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs arising from the injury to or death of any person or physical damage to any property resulting from any act, omission or condition occurring on the Conservation Property, except for the negligence of POST, its officers, agents, or employees. The duty of DISTRICT to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. 6. CONVEYANCE POST may convey this Easement in whole or in part but only to an entity that is a qualified entity at the time of transfer under Section 170(h) of the Internal Revenue Code, as amended(or any successor provision then applicable), and the applicable regulations promulgated thereunder, and authorized to acquire and hold conservation easements under Section 815.3 of the California Civil Code (or any successor provision then applicable). As a condition of such transfer, POST shall require the transferee to expressly agree in writing to assume POST's obligations hereunder in order that the purpose of this Easement will continue to be carried out. Page If a subsequent transferee of POST(other than the state) shall cease to exist or to be qualified to hold conservation easements under California Civil Code Sections 815.3, then the Easement held by that subsequent transferee shall vest in the State of California upon the State's acceptance or in a qualified entity then designated by POST with due regard to the requirements of this paragraph. 7. RECORDATION This Easement shall be recorded by POST in the Official Records of Santa Cruz County, California. POST may re-record this Easement whenever re-recording is required to preserve POST's rights in this Easement. 8. GENERAL PROVISIONS A. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Easement,the construction of its terms and the interpretation of the rights and duties of the parties. B. 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 Easement. The exercise or partial exercise of any right,power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right,power or remedy available to such party. C. Notice. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement(or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium and addressed as indicated as follows: POST: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4, Suite 135 Menlo Park, CA 94025 Attn: President TEL: (650) 854-7696 FAX: (650) 854-7703 District: Midpeninsula Regional Open Space District 330 Distel Circle Pacrom 4 Los Altos, CA 94022 Attn: General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above)to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third(3rd)business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time,by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this 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 requirements provided in this Section. D. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Easement can still be carried out. E. Costs of Enforcement. In the event of any litigation or arbitration between the parties to enforce or to interpret the terms of this Easement, the prevailing party shall be entitled to recover court or arbitration costs and reasonable fees of attorneys, accountants, consultants and expert witnesses incurred by such party in connection with the litigation or arbitration, including such costs and fees incurred because of any appeals. The prevailing party also shall be entitled to recover all such costs and fees that may be incurred in enforcing any judgment or award, and this provision shall not be merged into any judgment but shall survive any judgment. F. Termination of Rights and Obligations. Except as expressly provided otherwise in this instrument, a party's rights and obligations under this Easement shall terminate upon the transfer of this Easement or fee title to the Conservation Property, as the case may be, except that rights, obligations and liability relating to acts or omissions occurring prior to transfer shall survive transfer. G. Captions. The captions in this Easement have been inserted solely for convenience of reference and are not a part of this Easement and shall have no effect upon construction and interpretation. 9. ENFORCEABLE COVENANT AND RESTRICTION This Easement and each and every term, condition, restriction, and covenant contained herein is Page 5 li intended for the benefit of POST, its successors or assigns and constitutes an enforceable restriction. This covenant is expressly intended by DISTRICT and POST to run with the land described in said Exhibit"I",to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be enforceable by POST, its successors and assigns. This Easement is made for the sole benefit and protection of DISTRICT and POST. Nothing herein shall be deemed to require the approval or consent of any third party owner or occupant of any other parcel of real property located within or without the boundaries of DISTRICT other than POST or to create any right in any third party for the enforcement of any term of this Easement. POST DISTRICT By: By: Audrey Rust, President President, Board of Directors Date: Date: Attest: District Clerk Date: Page 6 Regional Open ace 1 - -134 Meeting 02-23 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 11, 2002 AGENDA ITEM 7 AGENDA ITEM Dedication Status of District Lands GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution dedicating interests in certain District lands for public open space purposes. INTRODUCTION In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see Report R-86-03), an annual report indicating the status of District lands as dedicated or undedicated is to be presented to you in December of each year. According to this policy: "Normally, undedicated lands within the District's boundaries will be held for future dedication to park or open space, or both purposes, but only after the necessary planning, boundary adjustments, provision for permanent access and other changes in configuration, which may involve the disposal or exchange of interests in all or portions of such lands, have been completed." Formal dedications are usually made in December on the basis of the annual report. During the year,part of the use and management planning decisions the Board makes for specific parcels and preserves is whether to indicate by motion an intention to dedicate certain interests in land, such as fee title or open space or trail easements. Note that although a motion of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a new acquisition is approved, this does not mean that the parcel would necessarily be dedicated the following December. That is because it is usually prudent to wait until the Comprehensive, or at least Interim, Use and Management Plan for the entire preserve is adopted or reviewed. Since it might benefit the program of the District at some future time to apply development density credits from dedicated District land to other lands, dedication of these credits is not normally included at the time of the annual dedications. The idea behind withholding potential density credits from dedication, while dedicating the land itself for public open space purposes, is that these credits may represent an asset of the District which may be of substantial value in the future. The credits might be used for transfer to private property, potentially increasing the allowed development density on that property. This might be done in connection with a joint development application with the private party. In exchange, some of that property might be permanently preserved or the District might receive a cash payment which could be used for purchase of open space land in another location. Joint development plans and transfer of development rights are, of course, subject to approval of the city or county in which the land lies. A further rationale is that the District, in asserting its potential right to use these credits, may be able to counter proposals to increase allowed 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-02-134 Page 2 development densities that are based on the argument that the potential development, which the District is precluding by buying open space, can be put somewhere else in the hillsides. Since the District has, in effect, paid for this density, it can be argued that the District, if anyone, should benefit. Status Summary: Table I gives a summary of the dedication status of District preserves and preserve subareas. Only those parcels for which transactions have closed and title has passed to the District on or before December 11, 2002 are included. The interest in land that the District holds, i.e., fee title, easement, or other(lease,management agreement, etc.), is listed for each area. Rights of first refusal and/or reversions to the District are not included. The District holds an interest in 47,031 acres of land; 41,738 acres in fee, and 5,293 acres in lesser interests. The District added 252 acres in fee since December 20, 2001, and 73 acres of lesser interests. RECOMMENDED DEDICATIONS La Honda Creek Open Space Preserve The former 140-acre Paulin and Keller property acquired in 1988, and the more recent 21.9-acre Paulin parcels acquired in 2002, are located at the northern edge of La Honda Creek Open Space Preserve. The larger property surrounds the smaller parcels and, together, they include the upper reaches of La Honda Creek, impressive redwood groves, and a potential missing link in the Bay Area Ridge Trail. Initially, the larger property was withheld from dedication to allow for lot line adjustments to occur with the smaller parcels, if possible, to accommodate future land use planning for the preserve. Acquisition of the smaller parcels have resolved the planning issues and all parcels can now be included in the upcoming master planning process. Skyline Ridge Open Space Preserve The former 42-acre Bullis property acquired in 1986 is located adjacent to Alpine Road in the western portion of Skyline Ridge Open Space Preserve. When acquired, the property was part a 54-acre parcel of which the 12-acres was initially sold on a life basis and, later,reconfigured to 1.0-acres before a fee determinable interest was again sold to a private party. In 1997, following the reconfiguration, only 2 of the original 44-acres being held in fee were dedicated, leaving the 42-acres being recommended for dedication at this time. The property consists of scenic grassland and forest extending from Alpine Road down to the west fork of Lambert Creek and includes an important patrol route and segment of the Old Page Mill Trail. On August 14, 2002, the 40-acre Daloia property was approved for dedication by resolution at the time the acquisition occurred. The property included a segment of the Bay Area Ridge Trail. Partial funding for the project came from the Bay Area Ridge Trail Council and included a condition of dedication. Properties within Sierra Azul Open Space Preserve were considered for possible dedication but recommendations are being deferred until the master planning process and resolution of issues surrounding the mercury contamination of the Guadalupe River watershed are further along. The upper portion of Bear Creek Redwoods Open Space Preserve and the former Krone/Bishop R-02-134 Page 3 property at El Sereno Open Space Preserve are also likely candidates in the near future when property boundary issues are resolved. SUMMARY Of the 47,031 acres preserved by the District, 2,518 acres are rights that cannot be dedicated such as leases, management agreements, etcetera, leaving 44,513 acres of marketable interests in land. Of this amount, 30,565 acres (68.67%) are dedicated and 13,948 acres (31.33%) are undedicated. Upon adoption of the attached resolution dedicating approximately 203.9 additional acres as recommended in this report, 30,769 acres(69.13%)would be dedicated and 13,744 acres (30.87%) would be undedicated. Of the 13,744 acres of undedicated lands, 10,983 acres (79.91%) are contained in the Sierra Azul Open Space Preserve. Prepared by: Del Woods, Senior Acquisition Planner Shannon Younkin, Acquisitions Administrative Assistant Contact person: Del Woods, Senior Acquisition Planner RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section 1. Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open space purposes (pursuant to Public Resources Code Section 5540) the interests in land held by the District shown herein, except for possible development rights which might be transferred to or for the benefit of other lands. INTERESTS IN LAND TO BE DEDICATED (EXCEPT FOR POTENTIAL DENSITY CREDITS) Preserve/Area Grantor Board Closing Acreage Property Approval Date Interest Date La Honda Creek Paulin June 26, 2002 July 19, 2002 21.9 Fee La Honda Creek Paulin/Keller July 27, 1988 August 26, 1988 140 Fee Skyline Ridge Bullis March 26, 1986 May 2, 1986 42 Fee TOTAL: 203.9 Table 1.DEDICATION STATUS SUMMARYA File: Run Date: LANDSOO.XLS 06-Dec-02 Preserve Area Rqi sfee Acres Fee Acres Fee Ades Fee Ades A Aches Acres Acres Fee; Acres.Fes, AwesF`ee; A rea.Fee, d< Ur►dedfcated h ertded i?erl cfaed Easement i8 :Easement& Easement :)Rasecner t& Easement Easement Eag;.arn f :'if llr Underffcater# Other tkher 8�f)ther bt#ier C►e 1.8� blfier C7ither C)Nua� dther CJefJ. ear Briggs Creek 0 1 0 1 0 0 0 0 0 1 0 1 Coal Creek 493 0 0 493 0 0 0 0 493 0 0 493 Edgewood County park 0 0 0 0 468 0 0 468 468 0 0 468 El Cate de Madera Creek 2,818 4 0 2,821 0 0 0 0 2,818 4 0 2,821 ElSereno 1,131 281 260 1,673 0 (1) 0 0 1,131 280 260 1,412 F- 211 0 0 211 0 0 0 0 211 0 0 211 Older 735 0 0 735 0 4 0 4 735 4 0 739 ..A. 0 0 0 0 0 1,227 0 1,227 0 1,227 0 1,227 La rwnda Creek 1,839 239 172 2,078 0 0 0 0 1,839 239 172 2,078 Long Ridge 1,804 114 34 1,918 13 53 0 67 1,817 168 34 1,985 Los Trancos 274 0 0 274 0 0 0 0 274 0 0 274 Mills Creek 284 0 0 284 0 0 0 0 284 0 0 284 Monte Bello "Monte Bello" 2,756 64 0 2,821 0 25 25 25 2,756 89 25 2,846 Monte Bello Picchetti Ranch 308 0 0 308 0 0 0 0 308 0 0 308 Monte Bello Palo Alto 0 0 0 0 0 85 0 85 0 85 0 85 Monte Bello (Alt) (3064.337) (64.160) (0.400) (3,128) (0,000) (110.270) (24.900) (110) (3064) (174) (25) (3,238) Moody Gulch 0 0 0 0 0 171 0 0 0 171 0 171 Pulgas Ridge 366 0 0 366 0 0 0 0 366 0 0 366 Purisima Creek Redwoods 2,553 567 564 3,120 0 0 0 0 2,553 567 564 3,120 Rancho San Antonio 2,138 1 0 2,139 1,495 166 0 1,661 3,633 167 0 3,800 Ravenswood 274 0 0 274 98 1 0 99 372 1 0 373 Russian Ridge 1,669 147 0 1,816 0 6 0 6 1,669 153 0 1,822 Saratoga Gap 882 206 0 1,088 2 0 0 2 884 206 0 1,090 Sierra Azul Cathedral Oaks 225 1,920 33 2,146 0 14 0 14 225 1,935 33 2,160 Sierra Azul Kennedy Limekiln 2,540 304 0 2,844 68 7 5 76 2,608 312 5 2,920 kzul Mt.Umunhum 758 8,736 478 9,494 372 814 0 1,186 1,130 9,550 478 10,680 Sie,taAzul "Summit Road" 0 0 0 0 0 0 0 0 0 0 0 0 Sierra Azul (All) (3523.275) (10960.567) (5%810) (14,484) (440.420) (835.431) (5.000) (1,276) (3964) (11796) (516) (15,760) Skyline Ridge 1,258 458 0 1,716 81 10 0 91 1,339 468 0 1,807 Stevens Creek- Shoreline 54 0 0 54 1 0 0 1 55 0 0 55 St.Joseph's Hill 174 0 0 174 94 0 0 94 268 0 0 268 Teague Hill 624 2 2 626 0 0 0 0 624 2 2 626 Thomewood 136 12 0 149 5 10 0 15 141 22 0 163 Windy Hill 1,304 2 0 1,306 0 0 0 0 1,304 2 0 1,306 AII 27,867 13,871 2,349 41,738 2,698 2,595 30 5,293 30,565 16,465 2,379 47,031 "Includes only those interests acquired(title or lease recorded or unrecorded lease fully executed)on or before: 11-Dec-02 Note:All entries rounded to nearest acre after summations. Regional Open '. _ .ice R-02-131 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-23 December 11, 2002 AGENDA-ITEM 8 AGENDA ITEM Consider Alternative Scheduling for Regular January Boar Meetings Including Those Previously Scheduled for January 8 and January 22, 2003 GENERAL MANAGER'S RECOMMENDATIONS 1. Based upon the District's Rules of Procedure, determine that the date of the Regular Meetings of the Board of Directors shall be the 3rd and 5 h Wednesdays in any month of January in which there are five (5)Wednesdays for that year. 2. Reschedule the Regular Meeting of the Board of Directors from January 22, 2003 to January 29, 2003. DISCUSSION In accordance with your Rules of Procedure(Section 1.10, Regular Meetings), a majority of the Board may call regular meetings for a different date than the second and fourth Wednesdays. Accordingly, as an alternative, when five (5) Wednesdays occur in January of any given year, staff proposes having the Board's Regular Meetings fall on the third and fifth Wednesdays rather than the usual second and fourth Wednesdays. Having flexibility with the January Regular Meeting schedule will enable staff to have enough time to prepare staff reports following the December holidays, office closure, and vacation absences. It will also allow extra time in preparing for the second meeting of the month, which typically includes the annual Action Plan presentation as a basis for the upcoming budget preparation. For January 2003, staff recommends adjusting the Regular Meeting schedule by moving the second Regular Meeting from January 22, 2002 to January 29, 2002 to accommodate staff and Board absences during this month. Moving the meeting to the 29th will also allow staff additional time to prepare the fiscal year 2003-2004 Action Plan, which is the basis for budget preparation. There has also been some discussion about moving the first Regular meeting of January from the 8th to the 15th since January 2003 is a five-week month. Also, as the holiday and vacation schedules of both Board and staff members makes having the agenda packet ready for mailing on January 3 difficult, such a change would be desirable. However, in past discussions concerning this issue you have not been inclined to approve this change in the January meeting schedule. Prepared by: L. Craig Britton, General Manager Lisa Zadek, Assistant District Clerk 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 *gig OFwEE­ 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 ace 1 R-02-139 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-23 December 11, 2002 AGENDA ITEM 9 AGENDA ITEM Approve "Mid-Year" Amendments to the 2002-2003 Fiscal Year Bud et GENERAL MANAGER'S RECOMMENDATIONS 1. Accept the District Controller's Mid-Year Financial Report. 2. Approve the attached resolution implementing an amendment to the 2002-2003 fiscal year budget in accordance with the Administration and Budget Committee Recommendation. 2. Approve an increase in the threshold for the small equipment budget category from $500 to $5,000. DISCUSSION The 2002-2003 fiscal year budget was approved by Resolution No. 02-07 at your March 27, 2002 meeting (see Report R-02-47). The Administration and Budget Committee met on December 4, 2002 to review and discuss the following; which were additional assignments to the Committee as contained in Board Report R-02-46: I. The Mid-Year Financial Report from Controller Mike Foster (Attached). 2. The actual vs. projected expenditures for the 2001-2002 fiscal year budget. 3. The expenditures, year-to-date for the 2002-2003 fiscal year budget. 4. The increase in the threshold for the small equipment budget category from $500 to $5,000 (which staff added as an additional request) As part of the 2002/2003 mid-year budget review, staff recommended some adjustments to certain line items in the budget. These adjustments do not increase or decrease the total budgeted amount, but simply transfer monies from accounts which are expected to be under spent, to accounts where additional funding is needed. Of particular note is that the net outcome of these changes lowers slightly the total growth guideline operating expenses in this year's budget. Some of these adjustments reflect expenditures the Board approved after the budget was adopted; the transfer of$42,500 from New Land Purchases to Site engineering to cover the Lobner ($25,000) and Big Dipper($30,000) surveys (see Reports R-02-48 and R-02-127), and the salary incentives and raises for the General Manager and General Counsel (see Reports R-02- 108 and R-02-109), which can be covered by salary savings. 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 Am� 0FREE9T 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-02-139 Page 2 A recap of other transfers of funds include the following: $18,500 from New Land Purchase and $21,500 from various consultant services to Property Management- Outside Maintenance& Structures to cover various unanticipated projects, the largest being structural repairs required at the former Sherrill/Granger residence($3 6,25 1). $18,000 from savings in Worker's Compensation achieved by switching to the CAJPIA to fund emergency repair of a major septic tank failure for the restrooms at Rancho San Antonio Park. Additional savings in insurance, computer software, and web consultation to fund the purchase of a GIS server(our existing server was expected to be able to handle the GIS needs, but has proven to be insufficient), a portable public address system for use at out- of-town public meetings and various staff events (especially needed for coastal meetings), and unanticipated ergonomic equipment needs. The proposed budget amendments also include two corrections-a transfer of$25,000 from benefits to salaries, which was incorrectly typed in the final budget document, and an incorrect estimate of expenditures for equipment leases requiring an additional $2,700 from insurance savings. The committee also discussed staff s recommendation to increase the small equipment threshold from$500 (currently)to $5,000. Most public agencies have thresholds of between$2,000 and $5,000 (the maximum), which is more realistic in today's environment. This definition would be changed in anticipation of the upcoming 2003-2004 fiscal year budget. Prepared by: Sally Thielfoldt, Administration and Human Resources Manager Contact person: L. Craig Britton, General Manager RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF TIC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2002-2003 The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Whereas the Board approved the 2002-2003 fiscal year budget; and Whereas the Administration and Budget Committee reviewed the Controller's Mid-Year Report and the 2002-2003 year-to-date expenditures, as part of the annual mid-year review; and Whereas some line-item adjustments are warranted to incorporate expenditures authorized by the Board after the adoption of the budget,the purchase of fixed asset office equipment in lieu of the need for contract services or computer software, some excess expenses due to business necessity, and any errors in the original budget figures and whereas the Administration and Budget Committee recommends adoption of the amended budget. Now,therefore,be it resolved that the Board of Directors of the Midpeninsula Regional Open Space District adopts the attached amended budget(Exhibit A)for 2002-2003. Section One. The budget for the Midpeninsula Regional Open Space District for fiscal year 2002-2003 is amended as set forth in Exhibit A, a copy of which is attached hereto and made a part hereof by this reference. Section Two. Monies are hereby appropriated in accordance with said budget. EXHIBIT A Midpeninsula Regional Open Space District Budget for Fiscal Year 2002-2003 I. Revenues Adopted Adjusted Amended Bu et Amount Budget A. Tax Revenues $18 593 000 18,593,000 B. Grant Income 4,342,000 4 342 000 C. Interest Income 1,170,000 1,170,000 D. Rental Income 757,600 757,600 E. Other Income 150,000 150,000 TOTAL REVENUES $25 012 600 25,012,600 H. Increase in Reserves 17 331 884 17 331 884 III. Expenditures A. Debt Service 1. Interest $4,277,478 4,277,478 2. Principal 3,012,090 3,012,090 Debt Service Subtotal. $7,289,568 7,289,568 B. Salaries 25,000* 1. General Manager Appointees $4,355,988 (15,475) 4,365,513 2. General Manager 142,127 4,775 146,902 3. Legal Counsel 88,993 88,993 4. Controller 15,000 15,000 5. Salary Incentive 10,700 10,700 Salaries Subtotal 4,602,108 4,627 ,108 Benefits $1,196,514 (25,000)* 1,140,514 (21,000) C. Director's Fees $25,000 25,000 Salaries and Benefits Subtotal $5,813,622 (21,000) 5,792,622 D. Services and Sup lu ig§ 1. Legal Services $75,000 75,000 2. Regular Outside Services 67,410 67,410 3. Contract Services 764,250 (25,200) 739,050 4. Election/Annexation 90,000 90,000 5. Library and Subscriptions 10,450 10,450 6. Film and Developing 550 550 7. Rents and Leases 118,750 2,700 121,450 8. Utilities 122,520 122,520 9. Postage 42,220 8,650 50,870 10. Printing and Duplicating 57,775 (1,500) 56,275 D. Services and Sukh-es (cont'd.) 11. Insurance 98,595 (4,200) 94,395 12. Advertising 19,200 19,200 13. Maps and Aerials 4,100 4,100 14. Private Vehicle Expense 12,350 (1,000) 11,350 15. District Vehicle Expense 190,100 190,100 16. Business Meeting Expense 14,200 14,200 17. Personnel Development 85,675 85,675 18. Maintenance4tepair of 21,050 21,050 Equipment 19. Computer Expenses 38,270 (4,000) 34,270 20. Office Supphes/Small Equipment 14,800 1,500 16,300 21. Field Supplies/Small Equipment 76,200 2,500 78,700 22. Outside Maintenance Services 284,700 58,000 342,700 23. Property Taxes and Permits 5,200 5,200 24. Communications- Publications 169,600 169,600 25. Communications-Special Projects 11,500 1,050 12,550 26. Visitor Services 28,900 28,900 27. Miscellaneous 35,200 35,200 Services and Su lies Subtotal $2,458,565 38,500 2,497,065 E. Fixed Assets 1. New Land Purchases $25,000,000 (61,000) 24,939,000 2. Appraiser 10,000 10,000 3. Site Acquisition Expense 70,000 70,000 4. Legal fees 100,000 100,000 5. Title Insurance 20,000 20,000 6. Acquisition Consultants 2,500 (2,500) 0 7. Site Engineering 12,500 42,500 55,000 8. Option Fees 5,000 (5,000) 0 9. Structures and Improvements 1,283,279 1,283,279 10. Field Equipment 86,500 86,500 11. Office Equipment 54,950 8,500 63,450 12. Vehicles 138,000 138,000 Fixed Assets Subtotal $26,782,729 (17,500) 26,765,229 TOTAL OF ALL EXPENDITURES ULM" I Q 42-344-484 1 Correction to original budget. Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPAN DISTRICT MEMORANDUM NovENmER 27 2002 To: Board of Directors FROM: M. Foster, Controller ' SUBJECT: Mid-Year Financial Review CONTROLLER s REPORT Attached are unaudited financial statements for the six months ended September 30, 2002. Exhibit A contains the District's September 30 balance sheet compared to our audited position on March 31. Our cash balance is down $4.2 million as the District completed $2.6 million of land purchases and made $4.7 million of debt service payments. The land additions are detailed in Exhibit E. It should be noted that$3.5 million of the $34.9 million cash balance are reserve funds to secure outstanding public notes, and, therefore, not available to fund District expenditures. The District issued no new debt during this period. District bonded indebtedness is now approximately 27% of our statutory debt ceiling. Approximately 77% of our total debt is lease debt,which does not count against the statutory debt ceiling. Exhibit B shows our six-month revenues compared to the same period a year ago and to the twelve month budget. Tax receipts in this period are up 8.5%from the prior year period. Information from the counties indicates that overall tax revenue for the full twelve-month period should be within $100,000 of the amount assumed in the 2002-2003 budget. Last year's revenue included $10 million of grants and gifts related to the major addition to the Bear Creek Redwoods Open Space Preserve. Exhibits C and D review six-month operational and development spending against the twelve month budget (C) and compared,to the same period last year(D). The District spent 43%of its twelve-month administrative, operations, and development budget during the first six months. This is similar to the levels at mid-year in the prior five years (44%, 41%, 47%, 45%, 460/0). By department, six month(non-land purchase) spending versus twelve month budget was Administration 47%, Public Affairs 43%, Operations 48%, Planning 291/6, and Acquisition/ Enterprise 54%. Over half of the under-spending is in the Structures and Improvements S&I rp P g p ( ) category, at 21%of annual budget. The estimate from Management is that S&I spending will continue to be significantly below budget for the entire year. Mid-Year Financial Review November 27, 2002 Page 2 As shown in Exhibit D, administration, operational, development spending is up 7%from last year's first half spending rate. Salaries and benefits are up 16%. This includes a full year of premium for worker's compensation insurance; adjusting for this timing factor, salary and benefit spending is up 13%. The significant increase in acquisition expense is mostly due to the Guadalupe River Watershed project. The most significant reduction is in property and casualty insurance, due to the savings achieved by joining the California Joint Power Insurance Authority. For the entire year, it is likely that total non-land spending will be in the range of 90% of budget. At the 90% level, operational spending(excluding enterprise, annexation, and major improvements)would be approximately 42% of tax revenue, very close to the historical pattern. Overall, the financial results of the first six months indicate revenues and expenditures are consistent with the District's long-term financial plans. Prepared by: Michael Foster, Controller Contact person: Same as above EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 31 and September 30, 2002 (Thousands) September 30, 2002 March 31, 2002 (Unaudited) (Audited) Cash and Equivalents $34,876.4 $39,140.6 Receivables 1,732.4 4,998.3 Prepaid Expenses 14.2 14.2 Land, at cost 217,376.7 214,597.4 Equipment 2,608.6 2,451.1 Structures and Improvements 10,525.1 10,257.7 TOTAL ASSETS $267,133.4 $271,459.3 Accounts Payable $197.6 $351.7 Accrued Liabilities 182.9 328.2 Trust Fund--City of Menlo Park 515.5 460.5 Land Contract Debt 275.2 275.2 Public Notes Payable 115,986.8 118,481.8 TOTAL LIABILITIES $117,158.0 $119,897.4 TOTAL EQUITY $149,975.4 $151,561.9 I( f EXHIBIT B MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Revenue Versus Prior Year (Unaudited) (Thousands) 6 Months Ended September 30 2002 2001 ------------------ ----------------- Property Taxes $6,948.0 $6,278.4 Tax Subventions 504.9 591.6 Interest Income 620.5 820.9 Grant Income 55.7 5,000.0 Rental Income 340.0 340.2 Fines 5.1 6.2 Other 159.2 5,123.5 ------------------ ----------------- TOTAL RECEIPTS $8,633.4 $18,160.8 Six Month Revenue Versus Twelve Month Budget 2002 2002 Twelve Month Six Month & Budget Receipts Received Property Taxes $17,425.0 $6,948.0 40 Tax Subventions 1,168.0 504.9 43 Interest Income 1,170.0 620.5 53 Grant Income 4,342.0 55.7 1 Property Management 757.6 340.0 45 Fines 0.0 5.1 0 Other 150.0 159.2 106 TOTALS $25,012.6 $8,633.4 35 f EXHIBIT C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Operating v. Twelve Month Budget April - September, 2002 (Thousands) Twelve Month Six Month 8 Budget Spending Spent ------------------ ----------------- -------------- Salaries $4,652.1 $2,284.0 49 Benefits 1,161.5 543.7 47 ------------------ ----------------- -------------- Subtotal $5,813.6 $2,827.7 49 Election Expenses 90.0 0.9 Other Contract Services 831.7 220.4 26 Vehicle Expense 202.4 104.1 51 Contract Site Maintenance Exp. 284.7 121.4 43 Acquisition Expense (Inc. Legal) 295.0 176.7 60 Structures & Improvements 1,283.3 267.4 21 Printing & Duplicating 58.3 23.6 40 Rents & Leases 118.7 27.8 23 Training & Conferences 85.7 43.0 50 Equipment & Vehicles 279.5 157.4 56 Insurance 98.6 81.7 83 Utilities 122.5 64.5 53 Postage 42.2 21.7 51 Communications(Publications & Projects) 181.1 94.8 52 Other Non-Land 267.6 70.3 26 ------------------ ----------------- -------------- TOTAL (NON-LAND) $10,054.9 $4,303.4 43 Debt Service 7,289.6 4,653.6 64 Land Acquired 25,000.0 2,619.0 10 TOTAL $42,344.5 $11,576.0 27 EXHIBIT D (Thousands) Six Months Operating v. Six Month Last Year Six Months Ended September 30 2002 2001 k Increase ------------------ ----------------- -------------- Salaries 2,284.0 2,000.6 14 Benefits 543.7 446.7 22 Election Expense 0.9 0.0 Other Contract Services 220.4 248.1 -11 Vehicle Expense 104.1 96.1 8 Contract Site Maintenance Exp. 121.4 113.1 7 Acquisition Expense (Inc. Legal) 176.7 48.4 265 Structures & Improvements 267.4 251.7 6 Printing & Duplicating 23.6 13.2 79 Rents & Leases 27.8 26.4 5 Training & Conferences 43.0 43.5 -1 Equipment & Vehicles 157.4 251.7 -37 Insurance 81.7 265.3 -69 Utilities 64.5 59.4 9 Postage 21.7 18.0 21 Communications(Publications & Projects) 94.8 79.9 19 Other Non-Land 70.3 47.4 48 ------------------ ----------------- -------------- TOTAL (NON-LAND) $4,303.4 $4,009.5 7 Debt Service 4,653.6 3,975.0 17 Land Acquired 2,619.0 11,213.0 -77 ------------------ ----------------- -------------- TOTAL $11,576.0 $19,197.5 -40 EXHIBIT E Land Acquired April 1 to September 30, 2002 SELLER DATE PRESERVE CASH PRICE Ham Deposit-First American Tit104/01/02 Montebello Deposit 1,000.00 Ham Acquisition 06/27/02 Montebello 617,000.00 Paulin Acquisition 06/27/02 La Honda 2,000,000.00 Daloia Deposit-North American 2D7/11/02 Mt. Umunhum 1,000.00 GRAND TOTAL 2,619,000.00 Regional Open L ice ---------------------- R-02-132 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-23 December 11, 2002 AGENDA ITEM 10 AGENDA ITEM Appoint Macias, Gini and Company as the District Auditor for the 2002-2003 Fiscal Year CQNTROLLEWS MENDATIQN Appoint Macias, Gini and Company as the District's auditors for the fiscal year ending'March 31, 2003 and authorize the General Manager to execute the engagement letter in the amount of$21,032. DISCUSSION Under a contract executed in March 2000, Macias, Gini and Company has served as the District's auditors for three fiscal years ending March 31, 2002. While staff is pleased with Macias, Gini's services, it has been the District's practice to solicit new proposals for auditing services at the completion of all multi-year contracts. Accordingly, the District issued a Request for Proposals(RFP)for auditing services on October 7, 2002 for a contract covering three fiscal years ending March 31, 2005. Staff sent the RFPs to two prior District auditors, including Macias, Gini, plus five other accounting firms that regularly audit local government entities in the Bay Area. By the due date of November 12,District staff received two proposals, one from Macias, Gini and Company and the other from Vavrinek, Trine, Day& Co. The proposals were evaluated by the Controller, General Manager, and Administration and Human Resources Manager, who judged the proposal from Macias, Gini and Company to be superior in applicable experience, qualification of personnel, firm reputation, and cost. Macias, Gini quoted annual fees of$21,032 in 2002-2003, $22,053 in 2003-2004 and $23,127 in 2004-2005. Vavrinek, Trine, Day quoted $25,660 for 2002-2003, higher by 22%. Each of the price quotes are substantially higher than the District's audit fee of $15,555 for the 2001-2002 fiscal year, which was established under the March 2000 contract with Macias, Gini and Company. Staff considers the fee proposed by Macias, Gini to be competitive in today's market and reflects the additional work required to conform the District's financial reporting to the new, more comprehensive requirements of the Government Accounting Standards Board(GASB) Statement 34. Therefore, staff recommends that Macias, Gini and Company be retained as the District's auditors for the 2002-2003 fiscal year. Prepared by: Michael L. Foster, Controller 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 #gg;1 mr 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 ............................ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-136 Meeting 02-23 December 11, 2002 AGENDA ITEM 11 AGENDA ITEM Approval of a New Procedure for Allocating and Administerin nal and Administrative Leave to Employees GENERAL MANAGER'S RECOMMENDs- I Approved the attached Amendment to Section 6.2 of the District's Personnel Policies and Procedure Manual regarding allocation and administration of Personal and Administrative Leave. 2. Approve an Interim Procedure for Administering Personal Leave for Represented employees providing that any Personal Leave remaining on January 1, 2003 be carried over from the previous calendar year. DISCUSSION The District's Personnel Policies, the Memorandum of Agreement with the represented employees, and payroll practices regarding Personal Leave and Administrative Leave are currently as follows: In January of each year, employees have received their annually allotted Personal and/or Administrative Leave hours in a lump sum, which represents an advance of benefits for the year they have not yet worked. If an employee does not use the Personal or Administrative Leave hours by the end of the calendar year, the employee loses any unused hours. If an employee terminates before the end of the year, having used more leave time than the portion of the year worked, the employee has to reimburse the District for the hours used in excess of the portion of the year worked. Also, an employee is not reimbursed for unused leave hours at tht time they leave District employment. These policies/practices, which are not typical of leave accrual methods, have created employee relations issues and are very difficult to administer because of legally required payroll and personnel practices. Therefore, we looked at ways in which we could maintain the benefits and intent of our existing policies and practices, but eliminate the issues inherent in such a system. The easiest way to handle these two leave accruals would be to administer them exactly as we do vacation time- employees would receive 1/26th of the annual amount on each paycheck. We felt, however, that going to that system in January would not give employees any time on the books at 330 Distel Circle * Los Altos, CA 94022-1404 * Phone: 650-691-1200 Fax: 650-691-0485 * E-mail: mrosd@openspace.org e Web site: www.openspace.org ftw a—. 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-02-136 Page 2 the start of the year. Therefore,we have proposed converting to a new system which allows carry over of unused leave up to a one-year maximum, with leave accrued by quarter. This allows an equitable accrual of leave, avoids having to ask employees who leave the District to reimburse the District for pro- rated-accrued leave, and compensates employees fairly for accrued leave they may have on the books when they leave the District. These proposed changes were presented and discussed with the Policy Review Committee, which is made up of employees from each department at the Administration Office, as well as supervisory employees from the field offices. The response from the Policy Review Committee was very supportive. In fact, the employees thought it was a very fair way to resolve the issues inherent in the existing Personnel Rules. Members of the Policy Review Committee then reported back to each of the respective departments. All Administrative Office Employees and Supervisory Field Employees have also been given a copy of the proposed policy changes. This proposal also updates Section 6.2 of the Personnel Rules to reflect the changes in Administrative Leave approved by the Board on April 26, 2000, and clarifies that exempt employees will receive a minimum of two (2)days of Administrative Leave, and are eligible to receive between two (2) and five(5) days of Administrative Leave if regularly required to attend night meetings or weekend meetings or trainings. These proposed changes were also sent to SEIIIJ Local 715. A"Meet and Confer" was conducted on December 4, 2002. An agreement with Local 715 could not be reached. Therefore, staff anticipates these proposed changes will be discussed as part of the new contract negotiations early next year. In the interim, staff recommends that the Board authorize providing bargaining unit members the same ability to carry over accrued Personal Leave to the next calendar year. This will prevent loss of Personal Leave in January pending further negotiation on these issues. These proposed changes will improve labor relations and payroll practices and will make for a much more pleasant transition for employees leaving District employment. Prepared by: Sally Thielfoldt, Administration and Human Resources Manager Susan M. Schectman, General Counsel Contact person: Same as above Midpeninsula Regional Open Space District PERSONNEL POLICIES&PROCEDURES Section 6.2 of the District's Personnel Policies and Procedures Manual is amended as follows: Personal Leave (i) Et)--------------Regular full-time aAdministrative eOffice sStaff and-aArea sSuperintendents shall be eligible for twenty-eight(28) hours ppersonal 11-eave time each calendar year. Regular full-time sSupervising rRangers and fnMaintenance and EConstructions sSupervisors shall be eligible for twenty-four(24) hours personal leave time each calendar year. Regular part-time employees shall be eligible for a pro-rated number of hours of personal leave time according to the average number of hours worked. (k) Employees shall accrue Personal Leave according to the following schedule: On the first pay period of each quarter, employees will accrue one-quarter of the annual Personal Leave for which they, are eligible. Employees may accrue a maximum of the total amount of Personal Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Personal Leave unless and until the amount of their accrued Personal Leave falls below this accrual limit. In that event, on the first pay period of the next quarter, employees shall accrue only the amount of Personal Leave for which they are eligible, sufficient to reach their maximum accrual limit. *k (I) With forty-eight hours' advance notice and supervisor approval, an employee may use personal leave hours at his/her discretion. In emergency situations, supervisors may approve use of personal leave with less than forty-eight hours' notice. Except in emergency situations, no reason for use of personal leave need be given. O) ml Personal 11-eave hours must be taken in one-half hour minimum increments.-aod cannot-bbe-ear-r-ied--o -€ror*-one-calendar--year--toenot : On January 1 of each calendar year, any Personal Leave remaining in an employee's leave bank shall be carried over from the previous calendar year. (m) €mpieyees--wild--not-be--rei+nbursed--for--u+tused-personal--leave-hour-s-at-the-t+me-they ter+nir+ate--Exist+rider+ployfnent-;...}f-an-employee-ter-rninates--during-the year;-having used Fnere peFsenal leave hours than the peFtion of the �eaf wed(ed,the effipleyee will .,.,buFse the DiStFiCt the,d:fferenee (n) Should an employee terminate his or her employment with the District, any Personal Leave the employee has remaining in his or her leave bank shall be paid to the employee at their current hourly rate of pay with their final paycheck. (-n}(o) An employee hired during the course of a calendar year will receive a pro-rata number of ppersonal iLeave hours for the remainder of that calendar year. Administrative Leave— Exempt Employees {o)( )--Administrative Leave time will be granted to the Assistant General Manager, dam-Department Managers, and other exempt employees onjanuaFy i of each calendar-year-as follows: i Midpeninsula Regional Open Space District PERSONNEL POLICIES&PROCEDURES Section 6.2 of the District's Personnel Policies and Procedures Manual is amended as follows: (1) The Assistant General Manager and Pregr;afwpfe�me�nt Managers will receive sixty-four(64) hours of Administrative Leave time per calendar year. (2) Exempt employees who are required to regularly attend night and/or weekend meetings or conduct night and/or weekend trainings shall be eligible towi# receive fe" (40) het een two(2) and five(5) days of Administrative Leave per calendar year. The exempt classifications eligible to receive ferty-(4% hou+s-between two (2) and five(5) days of Administrative Leave shall be designated by the General Manager prior to January 1 of each calendar year. (3) All other exempt employees will be eligible to receive a minimum of twenty four:{-24) sixteen (16) hours of Administrative Leave per year. (q) Employees shall accrue Administrative Leave according to the following schedule: On the first pay period of each quarter, employees will accrue ontguarter of the annual Administrative Leave for which they are eligible. Employees may accrue maximum of the total amount of Administrative Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Administrative Leave unless and until the amount of their accrued Administrative Leave falls below the accrual limit In that event, on the first pay period of the next quarter, employees shall accrue only the amount of Administrative Leave which they are eligible sufficient to reach their maximum accrual limit. 4p)(r) Administrative 41-eave time must be taken in one-half hour minimum increments. and-c,annot-be.-i:iffied-,over--ffom-pane-,c-ak4WM--year--to-anOthef: On January 1 of each calendar year, any Administrative Leave remaining in an employee's leave bank shall be carried over from the previous calendar year. (-q)Us No more than 8 hours of aAdministrative 11-eave time may be added to vacation time for purposes of extending a scheduled vacation, unless additional use of aAdministrative 41-eave is approved in advance by the General Manager. ------------Maftageis-and. employees,-will--not-be-feimbursed-fef-Amused admin*stratiye leaye time at the time they leFFRinate D*460 employment. if-a manageF OF etheF exerApf employee teFMinates dUFing the year-, having used Fnere adr-nif vistr-ative-4eave-iiouFs--than--acc-ftied--for-the-poftion-,of--the-year--w"ed;-4he empleyee--wfl4-be-required-to--reimbuFse-4he-Distric-t-for--the-difference;.................. W Should an employee terminate his or her employment with the District, an Administrative Leave the employee has remaining in his or her leave bank shall be paid to the employee at their current hourly rate of pay with their final paycheck. (s}(u) A manager or other exempt employee hired during the course of a calendar year will receive a pro-rata number of aAdministrative 41-eave hours for the remainder of that calendar year. Midpeninsula Regional Open Space District PERSONNEL POLICIES&PROCEDURES Section 6.2 of the District's Personnel Policies and Procedures Manual is amended as follows: Personal Leave (j) Regular full-time Administrative Office Staff and Area Superintendents shall be eligible for twenty-eight(28) hours Personal Leave time each calendar year. Regular full-time Supervising Rangers and Maintenance and Constructions Supervisors shall be eligible for twenty-four(24) hours personal leave time each calendar year. Regular part-time employees shall be eligible for a pro-rated number of hours of personal leave time according to the average number of hours worked. (k) Employees shall accrue Personal Leave according to the following schedule: On the first pay period of each quarter, employees will accrue one-quarter of the annual Personal Leave for which they are eligible. Employees may accrue a maximum of the total amount of Personal Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Personal Leave unless and until the amount of their accrued Personal Leave falls below this accrual limit. In that event, on the first pay period of the next quarter, employees shall accrue only the amount of Personal Leave for which they are eligible, sufficient to reach their maximum accrual limit. (1) With forty-eight hours' advance notice and supervisor approval, an employee may use personal leave hours at his/her discretion. In emergency situations, supervisors may approve use of personal leave with less than forty-eight hours' notice. Except in emergency situations, no reason for use of personal leave need be given. (m) Personal Leave hours must be taken in one-half hour minimum increments. On January 1 of each calendar year, any Personal Leave remaining in an employee's leave bank shall be carried over from the previous calendar year. (n) Should an employee terminate his or her employment with the District, any Personal Leave the employee has remaining in his or her leave bank shall be paid to the employee at their current hourly rate of pay with their final paycheck. (o) An employee hired during the course of a calendar year will receive a pro-rata number of Personal Leave hours for the remainder of that calendar year. Administrative Leave— Exempt Employees (p) Administrative Leave time will be granted to the Assistant General Manager, Department Managers, and other exempt employees as follows: (1) The Assistant General Manager and Department Managers will receive sixty-four (64) hours of Administrative Leave time per calendar year. (2) Exempt employees who are required to regularly attend night and/or weekend meetings or conduct night and/or weekend trainings shall be eligible to receive between two (2) and five(5) days of Administrative Leave per calendar year. The exempt classifications eligible to receive between two(2) and five(5) days of Administrative Leave shall be designated by the General Manager prior to January 1 of each calendar year. Midpeninsula Regional Open Space District PERSONNEL POLICIES&PROCEDURES Section 6.2 of the District's Personnel Policies and Procedures Manual is amended as follows: (3) All other exempt employees will be eligible to receive a minimum of sixteen 0 6) hours of Administrative Leave per year. (q) Employees shall accrue Administrative Leave according to the following schedule: On the first pay period of each quarter, employees will accrue one-quarter of the annual Administrative Leave for which they are eligible. Employees may accrue a maximum of the total amount of Administrative Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Administrative Leave unless and until the amount of their accrued Administrative Leave falls below the accrual limit In that event, on the first pay period of the next quarter, employees shall accrue only the amount of Administrative Leave which they are eligible sufficient to reach their maximum accrual limit. (r) Administrative Leave time must be taken in one-half hour minimum increments. On January 1 of each calendar year, any Administrative Leave remaining in an employee's leave bank shall be carried over from the previous calendar year. (s) No more than 8 hours of Administrative Leave time may be added to vacation time for purposes of extending a scheduled vacation, unless additional use of Administrative Leave is approved in advance by the General Manager. (t) Should an employee terminate his or her employment with the District, any Administrative Leave the employee has remaining in his or her leave bank shall be paid to the employee at their current hourly rate of pay with their final paycheck. (u) A manager or other exempt employee hired during the course of a calendar year will receive a pro-rata number of Administrative Leave hours for the remainder of that calendar year. Claims No. 02-19 Meeting 02-23 Date 12/11/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4832 $21,209.82 2M Associates Coastal Annexation Consultant Study 4833 $52.55 Accent&Artech Lamination Supplies 4834 $242.07 Acme&Sons Sanitation Sanitation Services 4835 $151.13 ADT Security Services Burglar Alarm Service 4836 $1,000.00 Aerial Information Systems,Inc. OSP Vegetation Map-Bear Creek Redwoods 4837 $2,891.00 Alice Cummings Grant Application Work/Bear Creek Additions 4838 $2,347.77 Allied Auto Works Vehicle Service and Repairs 4839 $723.60 American Red Cross CPR Training Supplies 4840 $500.00 American Tower Corporation Radio Repeater-Coyote Peak 4841 $1,000.00 Appraisal Research Corporation Appraisal Services 4842 $293.02 Arbil[Glove&Safety Product Field Supplies 4843 $54.71 Ame's Sign&Decal Co,Inc. Signs 4844 $195.22 Artscapes-Young Framing Photo Framing-30th Anniversary Gifts 4845 $392.61 AT&T Wireless Cellular Phone Service 4846 $70.50 Baillie,Gordon Reimbursement-Tuition Expense 4847 $11.26 Bankosh,Michael Reimbursement-Uniform Expense 4848 $189.72 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 4849 $327.56 Beck's Shoes Inc. Uniform Shoes 4850 $305.32 Big Creek Lumber Fencing Materials 4851 $154.00 Bill's Towing&Recovery Tow Truck Fees 4852 $654.40 BNY Western Trust Company Note Paying Agent Fees-1995 Notes 4853 $2,704.00 Bowerman Electric Electric Repairs-Skyline Rental 4854 $6,699.00 California JPIA Environmental Liability Deposit 4855 $185.08 California Water Service Company Water Service 4856 $185.80 Camino Medical Group Medical Services 4857 $72.00 Casaretto,Mark Reimbursement-Uniform 4858 $82.61 Cascade Fire Equipment Company Field Supplies 4859 $23,481.76 Citation Press Printing-Trail Brochure&Winter 2002 Newsletters 4860 $80.00 Clark Pest Control Pest Control 4861 $712.06 Costco Supplies 4862 $25.00 *1 County of San Mateo Old Page Mill Road Repair 4863 $3,610.23 Cresco Equipment Rentals Equipment Rental 4864 $12.97 CSK Auto Vehicle Supplies 4865 $5,903.96 *2 Dell Account Computer Equipment 4866 $1,592.00 Department of Water Resources Ricky Dam Permit 4867 $5,632.55 Design Concepts Winter 2002 Newsletter,30Th Ann.Invit.Packet 4868 $186.03 Dyna-Med/Galls Incorporated First Aid Supplies 4869 $91.94 Ed Jones Co.,Inc. Uniforms 4870 $23.18 Federal Express Express Mailing 4871 $5,135.00 First American Real Estate Solutions Annual Microphiche Updates 4872 $172.75 Fitzsimons,Renee Reim,30th Anniversary Event Supplies 4873 $440*78 Forestry Supplies,Inc. Field Supplies 4874 $67.97 Foster Brothers Keys&Locks 4875 $100.00 Freeman,Matt Reimbursement-Membership 4876 $1,340.00 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 4877 $75.13 G&K Service Shop Towel Service 4878 $377.69 Gardenland Power Equipment Field Supplies&Equipment 4879 $661.10 Gempler's,Inc. Field Supplies 4880 $1,472.29 Goodco Press,Inc. Printing Services-30th Anniversary Invitations 4881 $206.17 Green Waste Recovery,Inc. Garbage Service 4882 $2,875.50 Hertz Equipment Rental Equipment Rental&Delivery Fee Page 1 of 4 Claims No. 02-19 Meeting 02-23 Date 12/11/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4883 $400.00 *3 Hidden Villa Holiday Luncheon Deposit&Fee 4884 $1,691.95 House of Printing Trail Guide Book Promo Brochure 4885 $2,250.00 IEDA,Inc. Consulting Services-Labor Relations 4886 $3,771.48 Indoff Incorporated Office Furniture-Planning&Legal Department 4887 $151.55 Interstate Traffic Control Product Sign Posts 4888 $150.00 Jim Davis Auto Vehicle Smog Tests 4889 $300.00 *4 Josh Freidman Musical Services For 30th Anniversary 4890 $54.13 Keeble&Shuchat Photography Photo Processing&Frames 4891 $1,800.00 Ken Wood Painting Hosking Barn Painting 4892 $10,000.00 Kevin Emery Builder Sherrill House Rental Repair 4893 $323.36 Kinko's Printing Services 4894 $133.07 Kwik Key Lock&Safe Co.Inc. Keys&Locks 4895 $266.83 Langley Hill Quarry Trail Restoration Material 4896 $1,100.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 4897 $2,000.00 LFR Levine Fricke Demolition-Sewage Lift Station-Pulgas 4898 $1,177.50 Liebert Cassidy Whitmore Legal Services 4899 $66.49 Life Assist First Aid Supplies 4900 $711.73 Locus Technologies Legal Services-Guadalupe River Watershed 4901 $261.25 Los Altos Garbage Co. Refuse Services 4902 $3,085.13 March Metalfab,Inc. Strip and Paint Gates 4903 $96.11 MCI Long Distance Telephone Service 4904 $60.62 *5 Media Associates,Inc. VHS Copies of Russian Ridge Bum 4905 $18,480.02 Miller,Starr&Regalia Legal Services 4906 $90.15 Minton's Lumber&Supply Field Supplies 4907 $48.21 Mission Valley Ford Vehicle Repair 4908 $200.00 National Safety Council Membership Renewal 4909 $1,995.00 New Tribe,Inc. Weed Wrenches 4910 $10,000.00 *6 North American Title Company Chy Property Escrow Deposit 4911 $2,990,000.00 ### North American Title Company Chy Property Acquisition 4912 $40.76 *7 Northern Energy,Inc. Propane Service 4913 $820.75 Office Team Office Temporary Help-Acquisition Department 4914 $10,000.00 *8 Old Republic Title Company Acquisition of Big Dipper Ranch 4915 $797.91 Oosterman,Carl Reimbursement-Conference Expense-NIW 4916 $701.06 Orchard Supply Hardware Field Equipment&Supplies 4917 $444.44 Pacific Bell Telephone Service 4918 $1,970.00 Pacific Geotechnical Engineering Geotechnical Eng.Services-Lower Windy Hill 4919 $782.89 Palo Alto Upholstery Repair Upholstery 4920 $411.24 Peninsula Digital Imaging Printing/Laminating/Mounting Photos for 30th Ann.Event 4921 $14.02 PhotoTime Slides 4922 $208.68 Pine Cone Lumber Lumber 4923 $973.49 PIP Printing Printing-30th Anniversary Program Event,Letterhead 4924 $567.59 Platinum Roofing,Inc. Roof Repair-Admin.Office 4925 $3,330.45 *9 Precise Mailing,Inc. Postage 4926 $96.75 Precision Engravers,Inc. Name Tag Engraving 4927 $24.95 Rancho Cobbler&Cleaners Boot Repair 4928 $2,544.54 Ray L.Hellwig Services,Co.,Inc. HVAC Repair-Admin.Office&Tenant Space 4929 $36.13 Rayne Water Conditioner Rental 4930 $1,205.71 Redwood General Tire Co.,Inc. Tire Repair&Tires 4931 $492.64 Reneau,Frances Reimbursement-Training-Santa Rosa Academy 4932 $1,000.00 Restroom Facilities Corporation Engineered Drawings-Toilet Unit f 4933 $104.83 Roessler,Cindy Reimbursement-Mileage Page 2 of 4 Claims No. 02-19 Meeting 02-23 Date 12/11/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4934 $2,579.43 Roy's Repair Service Vehicle Repairs&Service 4935 $297.99 San Jose Mercury News Legal Ad,Handball Court Demolition Project 4936 $478.82 San Jose Water Company Water Service 4937 $132.00 Santa Clara County-Office of Sheriff Fingerprinting 4938 $1,000,000.00 ### Santa Cruz Title Company Lomo Prieta/POST Acquisition 4939 $752.00 Santa Rosa Junior College New Recruitment Academy Training 4940 $663.34 Shell Oil Fuel 4941 $512.44 Speedy Auto&Window Glass Install Tractor Glass 4942 $16,100.00 ## Sterling Underground Construction Repair Septic System,Rancho San Antonio 4943 $960.92 Stevens Creek Dodge Vehicle Supplies 4944 $118.43 Stevens Creek Quarry,Inc. Water Truck Rental 4945 $1,432.82 Summit Uniforms Uniform Expense 4946 $688.00 Tadco Supply Janitorial Supplies 4947 $13,592.00 ## The Historic Del Monte Building Final Payment for 30th Anniversary Event 4948 $421.75 Timothy C.Best,CEG Consulting Services-Road Assessment/ECDM 4949 $1,917.80 Tires on the Go Vehicle Tires 4950 $39.58 United Parcel Service Parcel Shipping 4951 $3,295.40 United Rentals Highway Tech. Regulatory Signs&Supplies 4952 $4,347.07 United Rentals Northwest,Inc. Dozer Rental&Concrete Mixer Purchase 4953 $1,000.00 *10 United States Postmaster Postage 4954 $51.28 Verizon Pager Service 4955 $111.33 Vu,Douglas Reimbursement-Mileage 4956 $151.95 WearGuard Uniforms 4957 $303.05 West Tek Supply,Inc. Plumbing Supplies 4958 $306.17 Xpedite System,Inc. Fax Broadcast Systems Services 4959 $80.67 Younkin,Shannon Reimbursement-Mileage 4960 $76.85 Zadek,Lisa Reimbursement-Office Supplies 4961 R $31.22 AT&T Telephone Service 4962 R $65.95 Danielson,Dennis Reimbursement-Field Supply 4963 R $2,546.83 First Bankcard 97.69- Local Bus.Meeting 757.60- Training&Conf.Exp. 568.15- Internet Service 184.18- Field Equip.Supp.&Uniform Exp. 598.21- Event Supplies&Prizes 16.00- Subscription&Books 325.00- Office Supplies 4964 R $73.33 G&K Service Shop Towel Service 4965 R $27.06 Garrod Farms Straw Hay 4966 R $79.73 Goodco Press Inc. Business Cards 4967 R $460.00 Green Waste Recovery,Inc. Garbage Service 4968 R $249.04 Home Depot,Inc. Field Supplies&Equipment 4969 R $77.48 Howard,Kelly Reimbursement-Uniform 4970 R $61.10 Hyster Sales Company Bobcat Equipment Parts 4971 R $2,400.00 L.S.S.&Associates Training-J.Lloyd 4972 R $11.72 MCI Long Distance Telephone Service 4973 R $118.57 MegaPath Networks Internet Connection-DSL Line SFO 4974 R $417.85 Miller,Ken Reimbursement-Conf.-Bicycle Patrol Instructor Class 4975 R $1,066.58 Office Depot Office Supplies 4976 R $1,518.76 Pacific Bell Telephone Service 4977 R $383.63 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 4978 R $1,186.99 Precise Mailing,Inc. Postage Page 3 of 4 Claims No. 02-19 Meeting 02-23 Date 12/11/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4979 R $6.47 Robert's Hardware Field Supplies&Equipment 4980 R $2,384.93 Sandra Large Coastal Annexation Presentation-Taping&Editing Video 4981 R $62.70 Skyline County Water District Water Service 4982 R $360.00 State Certified Plumbing Plumbing Repair-Rancho San Antonio 4983 R $89.85 Summit Uniforms Uniform Expense 4984 R $1,400.00 Systems for Public Safety Recruitment-Background Research 4985 R $100.25 Tadco Supply Janitorial Supplies 4986 R $4,725.25 Timothy C.Best,CEG Consulting Services-Road Assessment-ECDM 4987 R $200.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 4988 R $71.04 Workingman's Emporium Uniforms Total $4,244,791.64 .1 Urgent Check Issued 12/06/02 *2 Urgent Check Issued 11/22/02 *3 Urgent Check Issued 11/18/02 *4 Urgent Check Issued 11/13/02 *5 Urgent Check Issued 12/03/02 *6 Urgent Check Issued 12/03/02 *7 Urgent Check Issued 11/27/02 *8 Urgent Check Issued 11/15/02 *9 Urgent Check Issued 11/18/02 *10 Urgent Check Issued 11/12/02 Expenditures to Date Exceed I OK But Not 25K In the event agenda item is not approved,this claim will not be processed. Page 4 of 4 Regional Open Space roy MI DPENI NSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Managekr -`� Date: December 11, 2002 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phorwe.650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site: www.openspace.org INTEROFFICE MEMORANDUM November 26, 2002 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month October Year 2002 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Stolen vehicle recovered I Closed area 2 5 Resisting Peace Officer 2 Speed 5 5 Arson I Helmet 4 15 Intimidation I Night-riding 0 2 Dogs ACCIDENTS/INCIDENTS Prohibited area I I Bicycle accident 2 Off-leash 5 6 Equestrian accident 0 Off-road vehicles 0 4 Hiking/running accident I Closed area 0 0 Other first aid I After hours 5 6 Search&Rescue 1 Fishing 0 0 Vehicle accident 0 Vandalism 0 6 LZ air evacuation 1 Parking 9 13 Fire (28 acres) 1 Parking after hours 23 36 Dumping/littering 0 0 ENFORCEMENT Campfires 0 0 Parking citations 32 Camping 0 0 Other citations 22 Weapons Written warnings 34 Actual contact 0 0 Arrests 1 Report only 0 0 Police assistance 8 Evidence of 0 0 Gathering 0 1 MUTUAL AID Unlawful trail construction 0 1 Accident 2 Smoking/suspicious persons 0 2 Law enforcement 3 Landing zone off-site I Fire 0 OCTOBER SUMMARY OF SIGNIFICANT INCIDENTS Date I A stolen John Deere maintenance cart was discovered on Hwy 35 adjacent to Russian Ridge. The owner was located and the property was returned. L. Paterson. 4 A family of three became lost in El Corte de Madera after darkness fell. Rangers responded after the family called for help on their cell phone. The people were located and returned to their vehicle. D. Danielson. 4 A San Francisco Water Department waterline relief valve failed and flooded the Cordilleras Trail easement on Water Department land by Pulgas Ridge. Severe damage occurred on 270 feet of trail and another 200 feet received moderate damage. T. Lausten closed the damaged trail and posted detour signs. INTEROFFICE MEMORANDUM December 10, 2002 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month November Year 2002 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Auto burglary 3 Closed area 0 0 Speed 0 0 ACCIDENTS/INCIDENTS Helmet 0 2 Bicycle accident 4 Night-riding 0 1 Equestrian accident 2 Dogs Hiking/running accident 0 Prohibited area 1 1 Other first aid 3 Off-leash 8 9 Search& Rescue 1 Off-road vehicles 0 3 Vehicle accident 1 Closed area 0 0 LZ air evacuation 1 After hours 0 2 Fire (1/4-acre) 1 Fishing 0 0 Vandalism 0 4 ENFORCEMENT Parking 23 27 Parking citations 53 Parking after hours 30 53 Other citations 9 Dumping/littering 0 0 Written warnings 33 Campfires 0 0 Arrests 0 Camping 0 1 Police assistance 1 Weapons Actual contact 0 0 MUTUAL AID Report only 0 0 Accident 5 Evidence of 0 0 Law enforcement 1 Gathering 0 1 Landing zone off-site 1 Unlawful trail construction 0 1 Search&Rescue 1 Medical aid 1 NOVEMBER SUMMARY OF SIGNIFICANT INCIDENTS Date 3 A cyclist on Page Mill Road adjacent to Monte Bello OSP collapsed due to severe abdominal pain. Rangers were first on scene and made initial medical assessment. The patient was flown by Life Flight from the upper Monte Bello parking lot to Stanford Hospital. B. Downing, C. Baressi,W. Phillips. 7 An auto burglary occurred at the Canyon Trail trail head to Monte Bello OSP. A diaper bag was removed and found later on Page Mill Road. D. Danielson. 8 G. Kern found a person who was unconscious with severe hypothermia in Monte Bello OSP on reported history of for cold wet weather and had a e orte llo Road. The person was not dressed M�nteyc pr ry mental illness. The incident may have been a suicide attempt. G. Kern, D. Danielson. 9 A person picking chestnuts at Skyline Ridge OSP became lost. Rangers and Sheriffs Office deputies were not notified until the person had been lost for about five hours. He had apparently traveled cross-country and was picked up by a passerby on Skyline Blvd. and returned to the chestnut orchard area, W. Phillips,D. Danielson. 9 A bicycle accident occurred on the vehicle bridge in Rancho County Park. The patient was initially unconscious for two minutes, according to witnesses. J. Smith provided patient care and c-spine immobilization. County Fire, AMR paramedics and S. Anderson-Minshall assisted. 11 A pile of broken auto glass was found near the Skyline Blvd. picnic area at Windy Hill OSP, indicating a possible auto burglary. L. Paterson. 13 A. Cornea and a neighbor heard a vehicle driving in Sierra Azul. Santa Clara County Sheriff's Department responded with two units. The area was checked and a vehicle was not located. K. Carlson located non-District tire tracks the following day and found an old section of fence that had been pushed over to allow vehicle access. The fence was repaired. 14 Two separate piles of broken auto glass were found in the parking lot at Monte Bello OSP, indicating possible auto burglaries. W. Phillips. 17 A visitor returned from a hike at Fremont Older to find that his vehicle had damage from a hit and run driver, A CHP report was filed,based on witness information. T. Lausten responded and observed the full lot. A District report was completed. 20 A slowly spreading 1/4-acre wildland fire was located and extinguished in Purisima.Creek OSP near the Kings Grove community. District rangers were first on scene and spent the night monitoring the fire. The probable cause was a lightning strike that occurred in the area on Nov. 8, 2002. S. Anderson-Minshall, B. Downing, W. Phillips, E. Wickham, C. Barresi. 23 An off road vehicle entered Monte Bello OSP through a section of fence dismantled by the driver. Some brush near the entry point on Page Mill was damaged and four-wheel drive vehicle tracks were visible on the disc line. 27 An off road motorcyclist fled from District rangers as they repaired a fence along Montebello Road in Monte Bello OSP. Investigation led rangers to believe that a group of juvenile riders associated with a neighboring residence may account for a recent increase of illegal motorcycle riding in Monte Bello OSP. C. Barresi, D. Danielson. 26 Unlawful trail construction was found in the Mt. Umunhum area of Sierra Azul. The trail is .5 miles long and consists of cleared areas,with some soil moved to form banked turns and small jumps for bicycle use. Approximately 20 limbs greater than I inch in diameter have been cut along the length of the trail,with approximately six being greater than six inches. Three trees were cut down, measuring from six to twelve inches in diameter. J. Smith, C. Sparks-Hart, and A. Corriea investigated this problem. October Vandalism 16 A lock and chain were taken from a gate in Sierra Azul. 22 An unknown lock was added to a chain in Sierra Azul. The lock was removed. 29 Initials were found carved in a tree in Rancho San Antonio OSP. 30 A lock and chain were taken from a gate in Sierra Azul. 8 A suspicious fire that was extinguished by visitors was reported by a caller at Rancho San Antonio County Park. M. Jurich, T. Lausten, J. Smith, and County Fire responded. A pair of road flares were located which had burned a 24" square area. A CDF prevention officer and a Santa Clara County Deputy completed reports. 8 Brush and logs that had been put in place by crew to close an illegal trail at El Corte de Madera were removed and the trail reopened. S. Anderson-Minshall. 8 An oily residue was found in the creek at Purisima OSP, near the Higgins-Purisima county bridge. The oil appeared to have been the result of an auto accident. Fish and Game responded and took a soil sample. It appeared that the amount of oil was not significant enough to require a hazardous materials cleanup. S. Anderson-Minshall. 12 A bicycle accident occurred on the Skid Road Trail in Monte Bello. The victim lost consciousness and sustained a lacerated upper lip. The cyclist regained consciousness at the scene and was taken by ground ambulance to the hospital. 13 S. Anderson-Minshall assisted with the rescue of a person who was over-the-side and injured as the result of an auto accident on Tunitas Creek Road. 13 A verbal confrontation/intimidation occurred between two visitors in the parking lot at Fremont Older. The reporting party drove to Rancho San Antonio County Park and stated that rocks had been thrown at her vehicle. She provided a description of the other parry's vehicle, and license plate. J. Smith and K. Miller contacted the other party. She denied having a confrontation and thought that the reporting party was upset about the lack of parking. The visitor was warned for parking in a disabled spot. 17 A trail use conflict occurred between a walker and a bicyclist at Rancho San Antonio OSP. The walker advised by phone that a bicyclist yelled at them to get out of the way in a rude manner and passed at a high rate of speed. The walker provided a description of the bicyclist. K. Miller stopped a bicyclist the following day that matched the description. The bicyclist doesn't think hikers should cross the centerline. He asked if the District would prefer him to run over hikers instead of yelling at them. The bicyclist was issued a written warning for intimidation. 20 A visitor returned to the county lot from her hike at Rancho San Antonio OSP and found her vehicle window smashed and her purse missing. K. Carlson, T. Lausten, and Santa Clara Sheriff's responded. A crime report and a District report were completed. 20 A preserve visitor called 911 and reported three motorcycles in Sierra Azul. Los Gatos Police responded and stopped the three motorcyclists and issued citations. The District was advised after the motorcyclists were stopped. A. Corriea responded and obtained report information from Los Gatos police. 23 The remnants of a one inch diameter exploded pipe bomb were found in the parking lot at Los Trancos. The pipe bomb had apparently been detonated inside a pumpkin. San Mateo Sheriff's bomb squad responded and investigated the incident. C. Baressi. 23 A visitor to Windy Hill reported a person trying to locate and capture rattlesnakes. Rangers attempted to locate the person based on vehicle license information,but were unsuccessful. E. Wickham. 31 A wildland fire started on private property and spread into Sierra Azul. M. Newburn, B. Malone, and A. Corriea responded that evening. B. Malone stayed all night as District representative. He worked with equipment operators on access to an old fire break. A Newburn represented the District the following day. K. Carlson and M. Bankosh worked with the dozer operator. K. Miller, D. Danielson,J. Smith,. A. Cornea, M. Jurich, and T. Lausten worked on structure protection. T. Lausten represented the District on the third day. Twenty-eight acres burned in very steep terrain. CDF, County Fire, Saratoga Fire, San Jose Fire,Mtn. View Fire, and Santa Clara Fire worked the incident. Three helicopters were used to assist in mop up of the fire. The fire was declared contained on November 4. October Vandalism 16 Two area closed signs at Saratoga Gap were spray painted to say"Area do Enter." 16 A chain ring was cut on a gate in Sierra Azul. 25 Broken doors were discovered on some buildings in Bear Creek. Page I of 2 Craig Britton From: "Ralph A. Heim" <heim@hnks.com> To: "Craig Britton" <cbritton@openspace.org> Sent: Friday, December 06, 2002 6:51 AM Subject: Press Release(4).htm Please click here to return to the Dre, ious _page. - Press Release OFFICE OF THE GOVERNOR PR02:627 FOR IMMEDIATE RELEASE 12/05/2002 GOVERNOR DAVIS TO ANNOUNCE $10 BILLION IN SPENDING REDUCTIONS 12/5/2002 SACRAMENTO Governor Gray Davis made the following statement today regarding tomorrows announcement of a$10 billion spending reduction package that will include cuts, recaptures, and other budget adjustments in the current(fiscal year 2002-2003) and budget year (fiscal year 2003-2004)to address the revenue shortfall. "Hard times require hard decisions. I've called a special session of the legislature for Monday, December 9. I'm announcing these proposals now so we can begin next week-- not next month to tackle the fiscal challenge before us. I am confident that we can work together on a bipartisan basis to make the difficult choices in the best interests of all Californians." The announcement will be made in Los Angeles at 2 p.m. and will be posted at the Dept. of Finance Web site at that time. Please link to the Dept. of Finance Web site below. Department of Finance 12/6/2002 Stephanie Jensen From: General Information [info@openspace.org] Sent: Monday, December 09, 2002 9:52 AM To: Stephanie Jensen Subject: Fw: Thanks Good morning Stephanie would you like to respond to this email? Gloria ----- Original Message ----- From: "Rick E. Thurber" <rickthurber@earthlink.net> To: <info@openspace.org> Sent: Monday, December 09, 2002 10:07 AM Subject: Thanks > Just a word of appreciation for all that is being done by the District > to protect and preserve the non-manmade environment along the > Peninsula. > Page 1 of 1 Stephanie Jensen From: MROSD [mrosd@openspace.org] Sent: Monday, December 09, 2002 8:51 AM To: Stephanie Jensen Subject: Fw: Thank You from Senator Machado FYI Gloria ----- Original Message ----- From: Pendexter, Beth Sent: Friday, December 06, 2002 5:22 PM Subject: Thank You from Senator Machado Dear Friends and Supporters of Proposition 50: 1 wanted to take a moment to offer my sincere thanks to you for your hard work, effort and support of the Yes on Prop 50 campaign, and also congratulate you on a job very well done! As you are well aware, our hard work paid tremendous dividends and we were victorious on November 5th capturing 55.4%of the vote-nearly 3.6 million yes votes! We were able to capitalize on the incredible momentum we had been building since the summer months, spreading the word about the benefits of Prop 50 and the dire consequences California could be facing, had we not passed this measure. Proposition 50 puts in place a comprehensive water plan that tackles some of our region's biggest problems. Most important of all, it ensures a stable and secure water supply for California's future. Proposition 50 authorizes $825 million in funding to keep the essential CalFed Bay-Delta Program on the job. CalFed is in charge of restoring the Sacramento-San Joaquin Delta, a precious natural resource now threatened by pollution and increasing demands for its water. With two-thirds of the state's drinking water flowing through the Delta, it was essential that that we make this funding available-California could not afford to let CalFed die. Proposition 50 also addresses new challenges to water safety. It gives our local water districts money to buy state-of-the-art equipment to eliminate dangerous chemicals like the gasoline additive MTBE, arsenic and perchlorate from our drinking water. Proposition 50 also includes funding for new security measures to protect our dams, aqueducts, reservoirs, pipelines, and pumping stations from natural disaster or terrorists. In California, we can never take our water for granted. Our economy--and our health--depend on a safe and reliable water supply, and the tremendous support garnered by the passage of Proposition 50 has made it clear that this is a priority for Californians. My sincere thanks again for a remarkable achievement. Enjoy our victory and have safe, healthy and happy holiday season. Sincerely, Senator Michael Machado Co-Chair, Yes on 50 12/9/2002 tielojsOf A non-profit in support of environmental education Winter 2002-03 A Natural Education f -If you've seen a red tail fly _ t If you've heard a new Iamb cry If you know where banana slugs lie and why 'If you've caught the scent of Bay If you've learned of the Ohlone Way If you know how goats eat hay K, If you find all life's combined into a web Grant house with the orchard in the background-Photo by Steve Roselle we're all entwined If we work together we'll be fine In Memoriam: If you've seen composting done Don Schaefer If you've laughed at a lizard on the run October 27, 1935 — September 16, 2002 If you've learned and it's been fun Retired City of Mountain View Supervisor, whose dedication to Deer Hollow Farm and its programs is still manifested by barn renovations from top to You've been a student of Deer Hollow! bottom, productive fruit trees and a few ducks. Joy Desai Thank you, Don! -- Mary Gilman i.� r?'.'' �� • ¢ Our Donors Junco t $50 & Up We gratefully 9 full acknowledge Seymour & Naomi Alpert � M the following donations, Benton Bejach = " received from March 2002 Aischa Standing Crow through August 2002. Robert Dahl Christine Goritschnigg Stellar's Jay Peggy A. Malley Susan Norman 5500 & Up Everett & Rebecca Palmer Anonymous Bart Raudebaugh ur Anonymous Timothy T. Revak Rosemarie Koch The Sack/Saund Family Acorn Woodpecker S250 & Up Hummingbird .. - Michael J. Hammes Bryan E. Loucks $25 & Up Janet S. Roselle Cheryl A. Bohley Animal Fun Facts Rhea P. Bain Phoebe Marian Holcombe $100 & Up Michael & Barbara Korn Did you know that Betty Lawler goats and sheep are Connett Ahart � � Kim Ambach Anne Schlaggenhaft related? It's true. Park Chamberlain Other Monica Delzeit Wendy B. Laird Trivia: In what ways Janet M. Jezek Walter Zawouski are goats different than Christopher & Amy Midgal Gary & Mary Tietz sheep? For the answer Stephen & Dan-Wen Tsai to this issues trivia United Way of Silicon This past quarter, question, read below. Valley Jeffrey P. Richards matching gifts were Margaret J. Steacy received from Compaq, Elizabeth N. Young IBM and United Airlines. Please check with your Answer: Human Resources Goats are of lighter build Department to see if than sheep, have backwardly they will match your gift arching horns, a short tail to Friends of Deer and usually have straight hair. Hollow Farm. Al to _ _ w _ \I I'm a Friend of Deer Hollow Farm ❑ Keep me on the mailing list Name ❑ Remove my name from your list Address ❑ Please correct my name and/or address ❑ I'd like to make a contribution$ Phone ( ) ❑ I'd like to volunteer. Please call me - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- News from the Board i i by Mike Hammes, President I Here are some highlights from the year 2002 for �- Friends of Deer Hollow Farm. A * Contributed $16,000 to the city of Mountain ; View for the funding of Deer Hollow Farm. These monies were comprised of donations from individuals, corporations and service clubs; as well as merchandise sales. J John and Janet by the Old MacDonald donation can Photo by Steve Roselle '' Helped with the school registration process for Deer Hollow Farm classes. * Provided need-based scholarships of $3660 for twenty-four of the above classes. And provided funding of as much as $5360 for bus transportation needed by most of the above classes. Most of the scholarship and transportation funding comes from donations, which are specified for that use. * Farm tours were held on four Saturday mornings from April through July, a total of 247 visitors enjoyed the tours: Finally, I would like to thank all those who donated their time or money this year to help support Deer Hollow Farm. The board, farm staff, visitors (and the animals) really appreciate it. of NUW Its ►, tt tiGtSCn`y Oc 2000 Printed on recycled paper. Please recycle or pass on to a friend. �— This newsletter is published by FRIENDS OF DEER HOLLOW FARM, MROSD BOARD OF A non-profit,tax-exempt 5010(3)corporation. Send your questions, comments, contributions to: DIRECTORS P.O. Box 4282 330 DISTEL CIRCLE - Mountain View,CA 94040 LOS ALTOS CA 94022-1404 650-965-FARM (3276) RETURN SERVICE REQUESTED Editor and Layout:Paige Grande Writing Contributions:Janet Roselle,Mike Hammes,Joy Desai and Mary Gilman i Thank you for "`- helping us go to Deer Hollow Farm. I liked it very much. R Your Friend, Devin E; J Farm and Garden class,enjoying the garden-Photo by Steve Roselle Mission • Numbers On April 1, 1994 the Friends of Deer Hollow Farm For information about the Farm itself,: Hours, incorporated as a non-profit organization parking, docent training, school-year classes: 650- recognizing the following prime objectives. 903-6430. • To preserve Deer Hollow Farm, an historical Friends' T-shirts and mugs make great gifts for areas and working farm. friends and family! They are for sale by calling • To support its environmental education 650-965-FARM (3276). program for the benefit of all in our community. Information about Friends' activities, newsletter and ■ To lessen the burden, financial and meetings: 650-965-FARM (3276). otherwise, on the City of Mountain View and other participating government agencies who support the Farm. Email:.FriendsDHF@aol.com (checked weekly) URL: http://waw.svpal .org/—fodhf W r C� 4M Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager ,r Date: December 6, 2002 Re: FYI's 330 Distel Circle e Los Altos,CA 94022-1404 • Phone-650-691-1200 Fax:650-691-0485 e E-mail:mrosd@openspace.org • Web site: www.operispace.org Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 4,2002 Santa Clara County Planning Commission County Government Center East Wing, 7`h Floor 70 West Hedding Street San Jose,CA 95410 RE: Proposed Stanford University Open Space/Field Research Zoning District(8214-00-00-0 1 Z) Dear Chairperson Chiu and Members of the Planning Commission, On behalf of the Midpeninsula Regional Open Space District,which owns and manages over 48,000 acres of open space on the San Francisco Peninsula,I would like to thank you for the opportunity to provide comments on the proposed regulations for the open Space/Field Research Zoning District. After reviewing the staff recommendation, we remain quite concerned over several aspects of the OS/F District: protection of the viewshed,the use of commercial antennas, public participation in the project review and approval process, and permanent open space dedication. Viewshed Protection The Stanford Community Plan recognizes that the foothills are highly valuable for their natural resources and provide a vitally important scenic and rural open space backdrop for Stanford University and the surrounding community. In order to protect this unique environment and key viewshed, it is necessary that development be limited to the area below an elevation of 200 feet,and the height of structures be limited to two stories with 25-foot elevations, consistent with a rural building scale. Further, the OS/F regulations should include standards for hillside development that reflect the City of Palo Alto's Open Space Zoning District regulations. Commercial Antennas Commercial antennas are often significant structures that are highly visible from great distances.This use is inappropriate for the foothill area where protection of the viewshed and open space character is of paramount importance, as acknowledged in the Stanford Community Plan. Project Review and Approval Process The Architectural Site Approval(ASA) Committee provides valuable recommendations about a project's design during the early steps in the review process. However, due to the widespread public interest in implementation of the Stanford Community Plan and its significant impacts on the community,the responsibility for discretionary approval should be placed with the Planning Commission and conducted in a full public forum. Permanent Open Space Dedication In order to mitigate the impacts of development on natural resources,open space land should be dedicated for non-clustered as well as clustered development. To achieve effective mitigation, open space dedications for development within the OS/F District should be made on developable land within the 330 Distel Circle * Los Alto's, CA 94022-1404 - Phone: 650-691-1200 Fax: 650-691-0485 # E-mail: mrosd@openspace.org - Web site: www.openspace.org #gg Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz - General Manager:L.Craig Britton Chairperson Chiu and Santa -.,ra County Planning Commission December 4, 2002 Page 2 OS/F District,not in Special Conservation Areas or on other lands where development is already prohibited due to natural features and sensitive resources. Conclusion We strongly urge the Planning Commission to take a more active role in the implementation of the Stanford Community Plan to ensure that resource protection and the open space values of the public are on balance with private interests. Thank you for considering the respectful recommendations of the Midpeninsula Regional Open Space District. I- -, Sin ely, L. Craig Bri n, General Manager cc: Midpeninsula Regional Open Space District Board of Directors Page 1 of 2 Craig Britton From: "Ralph A. Heim" <heim@hnks.com> To: "Craig Britton" <cbritton@openspace.org> Sent: Friday, November 22, 2002 6:57 AM Subject: Press Release (4).htm Please click_here to return to the previous page_. Press Release OFFICE OF THE GOVERNOR PR02:606 FOR IMMEDIATE RELEASE 11/21/2002 GOVERNOR ANNOUNCES PLANS TO CALL A SPECIAL SESSION ON THE BUDGET 11/21/2002 Governor Davis Discusses Budget with Legislative Leaders LOS ANGELES Governor Gray Davis today convened a meeting of the "Big Five," the Governor and Legislative leaders from the Senate and the Assembly,to discuss the California budget. The Governor told the other members of the Big Five that the shortfall is expected to be even more serious than the $21 billion shortfall estimated by the Legislative Analyst. "The problem is serious enough that it requires immediate action," Governor Davis said. "Solving this budget will require all of us to put aside ideological differences. It will require bi- partisan cooperation." Following a conference call with Senate President Pro Tempore John Burton(D-San Francisco), Senate Minority Leader Jim Brulte (R-Rancho Cucamonga), Assembly Speaker Herb Wesson(D-Los Angeles) and Assembly Minority Leader Dave Cox (R-Fair Oaks),the Governor announced that he would call a special session of the Legislature to enact$5 billion in reductions, recaptures and other budget changes over the current year and the budget year combined. Governor Davis plans to call the Special Session to begin on December 9. 11/26/2002 Page 2 of 2 The Governor also announced that he would use his executive authority to freeze spending, and that he would convene regular sessions of the Big Five to keep channels of communication open. Back to Toga of Page Please click here to return to the Dr ou__s page. 11/26/2002 REGIONAL OPEN S&E Midpenirmda Regional Open Space District Policy AP-02-02 Date 11/02 Supersedes N/A Amendments N/A Americans with Disabilities Act Reasonable Accommodation Policy It is the policy of the Midpeninsula,Regional Open Space District to comply with all applicable provisions of the Americans with Disabilities Act(ADA). The District does not discriminate on any basis, including disability against any qualified employee or job applicant with respect to any term, condition and privilege of the job application procedure, hiring, training, assignment, promotion, compensation, transfer, benefits, or education. The District will make reasonable accommodation whenever necessary for any qualified employee or applicant with a disability, provided the individual is able to perform the essential functions of the job. A. Definition of reasonable accommodation: Reasonable accommodation is an adjustment to the job application process,job duties, performance methods, and/or work environment(that does not cause an undue hardship on District operations). The provision of a reasonable accommodation is to meet the needs of a qualified individual participating in the recruitment process, or of a qualified employee to perform the essential functions of a job. B. Examples of reasonable accommodation include, but are not limited to: Making facilities readily accessible and usable Job restructuring Modifying work schedules Reassigning to a vacant position Modifying test,training materials and policies Acquisition or modification of equipment or devices Procedure for Reasonable Accommodation Request Eligibility for Accommodation An applicant for employment, or an employee who is a qualified individual with a disability, may request reasonable accommodation. Upon request,Human Resources will provide a Reasonable Accommodation Request form to the individual. It is the responsibility of the individual to complete the form in full and submit the form to Human Resources. Persons needing information concerning ADA issues may contact Human Resources. Americans with Disawaties Act Reasonable Accommodation Policy Page 2 Eligibility for Accommodation (continued) All accommodation requests must provide the following information: a) Name, address, and telephone number of the individual requesting accommodation. b) The specific limitation and type of accommodation requested, with an explanation of how the accommodation will allow the performance of essential job functions of the position. c) Verification of the disability by the individual's physician, medical provider or vocational rehabilitation counselor. Interactive Process The determination whether and how to provide an accommodation is made on a case-by- case basis. This is an individualized, interactive process in which Human Resources, the Department Manager and/or supervisor and qualified individual discuss the request together. The individual's preferences will be given consideration when deciding on accommodation; however, the Department Manager for whom the employee works has the final discretion to choose between alternatives. Upon completion of the process, the Administration/Human Resources Manager will make a decision regarding the request. The following factors will be considered during this process: a) Determination of the essential functions of the job. b) Determine through conversation with the individual how the disability limits the individual's performance of the essential job functions or participation in the recruitment process and how those limitations could be overcome with reasonable accommodation. c) Identify accommodation options and determine effectiveness and feasibility of the proposed accommodations. d) Considering the individual's preference, the Administration/Human Resources i Manager selects the accommodation most appropriate, if such accommodations 8 P 1 es not create undue hardship for the District. reasonable and does s P If the request is approved, the Administration/Human Resources Manager or designee will notify the individual and make the necessary implementation arrangements. If the request is denied,the individual may submit a written request within thirty(30) calendar days to the General Manager asking for the decision to be reviewed. A ed: , L. Craig Britto , General Manager � Dated: � � '-' I i .1 F - - November 21 2002 Board of Directors Mid - Peninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Board of Directors: Hidden Villa Summer Camp 2002 was a success; we served a total of 912 children (ages 6 to 18). Day Camps had a total of 543 children (ages 6-9) attending, and Residential Programs had a total of 369 children (ages 9-17) attending. We are pleased to have been able to share Hidden Villa's mission of multicultural understanding and environmental awareness with so many children. Thanks to the generosity of so many, we were able to award a total of 364 scholarships; 230 scholarships were in the Residential Programs, meaning that 62.3% of our residential campers attended with some level of financial assistance. Day Camps awarded a total of 134 scholarships, meaning that 24.6 % of our day campers attended with some level of financial assistance. Of the 912 participants, 732, or 79.2%, returned their evaluations and 98.6% of the respondents rated the overall Hidden Villa Summer Camp experience very good or excellent. Our programs ran exceedingly well last summer — due largely in part to your contributions that helped us provide a quality educational and recreational experience for our diverse program participants. We are fortunate to have individuals like you who allow us to continue building an outstanding program that draws so many committed staff, volunteers, and program participants to Hidden Villa. We look forward to continue working with you in Summer 2003 In Community Spirit, Kilty-Newb Jose G. Arzate 0 Director, Famil and Youth Programs Assistant Director ��e`eaQa4`� �c ce H 1 D DE1if VILLA, 4f- Moody94022 Regional Open ,, ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 26, 2002 0 Honorable Assemblyman Joe Simitian 160 Town & Country Village Palo Alto, CA 94301 Dear Joe: Greetings! The Open Space District's 30th Anniversary dinner event seems to have been enjoyable and memorable for all who attended, and in its wake, and in the spirit of the season, I would like to express my personal thanks for your gracious participation in our celebration. I am particularly appreciative of your part this past year in helping the open space community have much to celebrate. The District staff, Board members, and our colleagues have been honored by your prioritization of local environmental conservation efforts, as well as your support of the District during the state budget deliberations. We are also very pleased with the beautiful resolution you and your colleagues presented to the District for its anniversary. We have proudly hung the beautiful gift in the Boardroom, where Board members, staff, and visiting members of the public are reminded of your support. Thank you, again, for your leadership and preservation partnership. Many blessings and thanks to you! Sincerely L. Craig Britton General Manager LCB/ec cc: MROSD Board of Directors 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 Regional Open ,-)pace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 26, 2002 Honorable Senator Byron Sher 100 Paseo De San Antonio, Suite 206 San Jose, CA 95113 Dear Byron: Greetings! In the wake of the Open Space District's 30' Anniversary Dinner, and of the approach of the Thanksgiving holiday, I'd like to express my personal thanks for your and Linda's gracious participation in the District's celebratory event. Staff, open space community members, and I were greatly honored by your presence -- yet another expression of your ongoing support of environmental preservation efforts in the bay area. I am most appreciative of the myriad ways in which your visionary leadership and creative collaboration has helped the District achieve the successes we celebrated together this month. We, in the Midpeninsula -- indeed in California, have so much more for which to be thankful, as a result of your great contributions to our quality of life. We are also deeply honored by the beautiful resolution of support we received from you, Senator Speier, and Assemblyman Simitian. We have proudly hung it in our Boardroom for members of the public, our Board members, and staff to enjoy. Many blessings and thanks to you and Linda! S,inc e r 11 y, L. Craig aig r on General Manager LCB/ec cc: MROSD Board of Directors 330 Distel Circle * Los Altos, CA 94022-1404 • Phone: 650-691-1200 -1 Fax: 650-691-0485 - E-mail: mrosd@openspace.org * Web site: www.openspace.org ffma tT 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 Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 26, 2002 Honorable Supervisor Richard Gordon San Mateo County Board of Supervisors 400 County Center Redwood City, CA 94063 SA ` Dear Supervi r on: Greetings! In the wake of the Open Space District's 30' Anniversary Dinner, and as we approach the Thanksgiving holiday, I would like to express my gratitude for your gracious participation and meaningful contribution to the District's celebratory event. Your wise, perfectly appropriate, and inspiring keynote address has been the talk of the open space community! District staff, Board members, and our colleagues in the open space preservation community were honored by your supportive presence at the event (especially given you full evening agenda!). We particularly appreciate the care you obviously took in conceiving such an insightful presentation that provided food for thought and great fodder and enthusiasm for the efforts that will be required to make the District Coastal Annexation a project worthy of celebrating over the 'next' thirty years. As I reflect upon the level of ongoing support you have demonstrated for open space preservation, as well as your abiding commitment to ensuring a vibrant future for the San Mateo coastside, I count you leadership and partnership as one more blessing for which to give thanks this season. Many blessings and thanks to you! Since ely' L. Craig Britton General Manager LCB/ec Cc: MROSD Board of Directors 330 Distel Circle - Los Altos, CA 94022-1404 Phone: 650-691-1200 Fax: 650-691-0485 * E-mail: mrosd@openspace.org 9 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 Manazer:L.Craie Britton e iona I Open . we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT � November 26 2002 Tom Tran Chief Executive Officer Citation Press 2905 Stender Way Santa Clara, CA 95054 Dear Mr. Tran: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for partnering with the District to make our 30th Anniversary event one that District employees and members of the open space conservation community will remember for many years. We had 255 attendees, the highest attendance at a District anniversary in its history. Without your donation of$1,000, we would not have been able to produce and mail 800 cordial invitations to our open space friends, exhibit District historical information at the reception, decorate, and award the heroes M who have supported our open space endeavors. I am proud to report that through your generosity and the generosity of our other sponsors and the attendees, we were able host this wonderful evening without the use of public funds! We sincerely appreciate your continuing contributions to the District. Again, please accept our gratitude and thanks for your dedication and efforts to help the open space preservation programs in the Midpeninsula area. Your generous contribution is an excellent illustration of how a successful cooperative effort can help us to accomplish our goals over the next 30 years. Sincerely 7 L. Craig Britton General Manager LCB/SJ/ec cc: MROSD Board of Directors Enclosure: Midpeninsula Regional Open Space District Charitable Contribution Status 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 Regional Open ' ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 26, 2002 Robin B. Kennedy, Esq. Miller, Starr, &Regalia 545 Middlefield Rd., Suite 200 Menlo Park, CA 94025 Dear Robin: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for partnering with the District to make our 30th Anniversary event one that District employees and members of the open space conservation community will remember for many years. We had 255 attendees, the highest attendance at a District anniversary in its history. Without your donation of$1,000, we would not have been able to produce and mail 800 cordial invitations to our open space friends, exhibit District historical information at the reception, decorate, and award the heroes who have supported our open space endeavors. I am proud to report that through your generosity and the generosity of our other sponsors and the attendees, we were able host this wonderful evening without the use of public funds! X. We sincerely appreciate your continuing contributions to the District. Again,please accept our gratitude and thanks for your dedication and efforts to help the open space preservation programs in the Midpeninsula area. Your generous contribution is an excellent illustration of how a successful cooperative effort can help us to accomplish our goals over the next 30 years. Sincerely; L. Craig Britton General Manager LCB/SJ/ec cc: MROSD Board of Directors Enclosure: Midpeninsula Regional Open Space District Charitable Contribution Status 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 • Ceneral,Manager:L.Craig Britton Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 26, 2002 Thomas D. Trapp Barg, Coffin, Lewis & Trapp One Market Street Steuart Tower, Suite 2700 San Francisco, CA 94103 Dear Tom: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for partnering with the District to make our 301" Anniversary event one that District employees and members of the open space conservation community will remember for many years. We had 255 attendees, the highest attendance at a District anniversary in its history. Without your donation of$1,000, we would not have been able to produce and mail 800 cordial invitations to our open space friends, exhibit District historical information at the reception, decorate, and award the heroes who have supported our open space endeavors. I am proud to report that through your generosity and the generosity of our other sponsors and the attendees, we were able host this wonderful evening without the use of public funds! We sincerely appreciate your continuing contributions to the District. Again, please accept our gratitude and thanks for your dedication and efforts to help the open space preservation programs in the Midpeninsula area. Your generous contribution is an excellent illustration of how a successful cooperative effort can help us to accomplish our goals-over the next 30 years. Sincerely,, L. Craig Britton General Manager LCB/SJ/ec cc: MROSD Board of Directors Enclosure: Midpeninsula Regional Open Space District Charitable Contribution Status 330 Distel Circle , Los Altos, CA 94022-1404 b Phone: 650-691-1200 Fax: 650-691-0485 - E-mail: mrosd@openspace.org A web site: wv4w.openspace.or; Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C.Nita • Ceneral Manager:L.Craig Britton Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 26, 2002 Patrick and Jane Miller 2M Associates P.O. Box 7036 Landscape Station Berkeley, CA 94707 Dear Patrick and Jane: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for partnering with the District to make our 30"' Anniversary event one that District employees and members of the open space conservation community will remember for many years. We had 255 attendees, the highest attendance at a District anniversary in its history. Without your donation of$1,000, we would not have been able to produce and mail 800 cordial invitations to our open space friends, exhibit District historical information at the reception, decorate, and award the heroes who have supported our open space endeavors. I am proud to report that through your generosity and the generosity of our other sponsorsoand the attendees, we were able host this wonderful evening without the use of public funds! We sincerely appreciate your continuing contributions to the District. Again, please accept our gratitude and thanks for your dedication and efforts to help the open space preservation programs in the Midpeninsula area. Your generous contribution is an excellent illustration of how a successful cooperative effort can help us to accomplish our goals over the next 30 years. Sincerely, 1V L. Craig Britton General Manager LCB/SJ./ec cc: MROSD Board of Directors Enclosure: Midpeninsula Regional Open Space District Charitable Contribution Status 330 Distel Circle * Los Altos, CA 94022-1404 * Phone: 650-691-1200 Fax: 650-691-0485 , E-mail: mrosd@,-,,oenspace.org * Web site: www.openspace.org Board of Directors:Pete Siernen ,Mary c.Davey,jedCyr, Deane Utfle,,Nonette Hanko, L.,.�­yHassett, KennethC.Nitz - General Manager:L,CraigBritton Regional Open ice 4A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 26, 2002 Honorable Assembly Member Rebecca Cohn 901 Campisi Way, Suite 300 Campbell, CA 95008 Dear Assembly Member Cohn: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for partnering with the District to make our 30th Anniversary event one that District employees and members of the open space conservation community will remember for many years. We had 255 attendees, the highest attendance at a District anniversary in its history. Without your donation of$1,000, we would not have been able to produce and mail 800 cordial invitations to our open space friends, exhibit District historical information at the reception, decorate, and award the heroes who have supported our open space endeavors. I am proud to report that through your generosity and the generosity of our other sponsors and the attendees, we were able host this wonderful evening without the use of public fithds! We sincerely appreciate your continuing contributions to the District. Again, please accept our gratitude and thanks for your dedication and efforts to help the open space preservation programs in the Midpeninsula area. Your generous contribution is an excellent illustration of how a successful cooperative effort can help us to accomplish our goals over the next 30 years. Sincerely, L. Craig Britton General Manager Ps. In the next few weeks, I will be contacting Nicholas Ammann regarding your generous offer to carry some legislature for the District during the next session. LCB/SJ/ec cc: MROSD Board of Directors Enclosure: Midpeninsula Regional Open Space District Charitable Contribution Status 330 Distel Circle • Los Altos, CA 94022-1404 , Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd9openspace.org » Wei}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.Cram Britton Regional Open ace J November 26, 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Tom Lockard Stone & Youngberg 50 California St. 35'h Floor San Francisco, CA 94111 Dear Tom: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for partnering with the District to make our 30th Anniversary event one that District employees and members of the open space conservation community will remember for many years. We had 255 attendees, the highest attendance at a District anniversary in its history. Without your donation of$5,000, we would not have been able to produce and mail 800 cordial invitations to our open space friends, exhibit District historical information at the reception, decorate, and award our the heroes who have supported our open space endeavors. I am proud to report that through your generosity and the generosity of our other sponsors and the attendees, we were able host this wonderful evening without the use of public funds! We would be honored if you would allow the District's Board of Directors to commend you for this donation with the presentation of a framed photograph of one of your favorite District preserves. Please contact Elaina Cuzick of our office at (650) 691-1200 at your earliest convenience to let her know which preserve is your favorite, and to make arrangements for the presentation of the photograph at one of our future Board meetings. We sincerely appreciate your continuing contributions to the District. Again, please accept our gratitude and thanks for your dedication and efforts to help the open space preservation programs in the Midpeninsula area. Your generous contribution is an excellent illustration of how a successful cooperative effort can help us to accomplish our goals over the next 30 years. Sinctly, L. Craig Britton General Manager LCB/SJ/emc cc: MROSD Board of Directors Enclosure: Midpeninsula Regional Open Space District Charitable Contribution Status 330 Distel Circle - Los Altos, CA 94022-1404 * Phone: 650-691-1200 Fax: 650-691-048-5 , E-mail: mrosd@openspace.org 4 web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. ')ave\ led Cyr,Deane Little, Nonette Hanko, Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Regional Open ! !ee November 25, 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Gem Caruso City of Sunnyvale Planning Division 456 West Olive Avenue Sunnyvale, CA 94086 RE: Draft Moffett Park Specific Plan Environmental Impact Report(DEIR) Dear Mr. Caruso, Thank you for providing the Midpeninsula Regional Open Space District(District) an opportunity to review and comment on the DEIR for the Moffett Park Specific Plan. The District is a public agency that was formed by voter initiative in 1972,pursuant to the State of California Public Resources Code section 5500 et seq., to preserve,protect, and enhance open space lands in the San Francisco Bay Area. The District now manages over 47,000 acres of public open space land in 27 preserves, including Stevens Creek Shoreline Nature Study Area located in the baylands west of Moffett Field Park. Together with other public agencies, we are attempting to preserve the last remaining wetlands in the South Bay and provide public access along the San Francisco Bay Trail, a 300-mile regional trail connecting preserves and parklands around the entire edge of the San Francisco Bay. The District is interested in the Moffett Park Specific Plan and wishes to ensure that the proposed land uses do not negatively affect bayland parks,preserves, and the Sarf Francisco Bay Trail. After reviewing the DEIR, it appears that the environmental document does not adequately address public access to the baylands. The need for this access is evident by the increasing levels of use on nearby Bay Trail segments and other bayland trails adjacent to the employment centers in the project area. These trails should be addressed in the circulation element of the Plan as they are providing commuting alternatives to the streets and recreational opportunities to employees, including future employees at Moffett Park. These uses will only become more important as the commercial area further develops and the San Francisco Bay Trail extends further and plays a more important role in providing alternative transportation. Representatives from Sunnyvale's Park and Recreation Department should be able to assist you in determining how best to integrate the Bay Trail and the public trail system at Sunnyvale Baylands Park into the Moffett Park Specific Plan.They have actively participated in the planning and implementation of the Bay Trail and can provide valuable information on the important role their trails play in providing alternative commute routes and recreational opportunities for employees and nearby neighborhoods in the project area. By identifying in the Specific Plan the potential links that can connect Moffett Park to the local trail system, whether via roadways, easements or canal corridors implementation of the plan will evidentlyfurther Y p enhance the quality of life for local employees and nearb residents b increasing the accessibility to local q tYY Y g tY recreational opportunities. Sincerel , L. Craig Britton, General Manager LCB:ar:dw cc: MROSD lsard of Directors City of Sunnyvale Parks and Recreation Department 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 ®`«Rt 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 61 )ce A ----------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 25, 2002 Dana Peak, Historical Heritage Coordinator 70 W. Hedding Street, 7 1h Floor, East Wing San Jose, CA 95110 Dear Mr. Peak, The Midpeninsula Regional Open Space District is pleased to submit a proposal for Historical Project Funding for the Seismic Upgrade of the Picchetti Ranch Winery Building at the 308-acre Picchetti Ranch of Picchetti Ranch Open Space Preserve. It was built by Vincenso Picchetti in 1896 and was one of the earliest wineries in the area. Today, it is one of the few remaining wineries from this era that is still active. The property was placed on the National Register of Historic Places on May 10, 1979. In order to save this historical resource from damage, if not complete destruction, during an earthquake, seismic upgrading to the winery building is urgently needed. Earlier this year, the District received a$50,000 grant from the California Office of Historic Preservation to partially fund this project. In the past, the Historical Heritage Commissiop has contributed funding to the District's efforts to save this historical resource, and I hope you will do so again by providing funding for the seismic upgrade of the winery building. Thank you for your consideration of this request. Please contact Cathy Woodbury, Planning Manager, if you have any questions about this proposed project. Sine ely, \7 L. Craig Britton, General Manager LCB:ak cc: MROSD Board of Directors 330 Distel Circle Los Altos, CA 9402 2-1 404 Phone: 650-691-1200 Fax: 650-691-0485 * E-mail: mrosd@openspace.org 9 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 EMOPENNSULA /ED Peninsula Open Space Trust NgLpP�{yRICT November 18, 2002 Board of Directors Allan F.Brown Susan Ford Midpeninsula Regional Open Space District Vince S.Garrod Board of Directors Sukey Grousbeousbeck Christina A.Holloway 330 Distel Circle Robert C.Kirkwood Los Altos, CA 94022 Dianne McKenna Norman E.Matteoni David W.Mitchell Paul Newhagen Bill Reller Dear Board Members: Karie Thomson Anne M.Westerfield Coastal Campaign Thank you for honoring POST's 25th Anniversary at the Advisory Council ' Robert Advisory ourg Districts board meeting this month. We have always valued our Sheldon Bremer,Ph.D. partnership, which has proven so wonderfully effective in Robert V.Brown Patricia Compton Lois Crozier-Hogle preserving open space on the Peninsula over the years. Phyllis Draper David L.Fletcher Robert B.Flint,Jr. Elaine French POST has had much to celebrate in 2002, including Rosemary Hewlett Patricia L.Hooper completing the acquisition of the Bear Creek Redwoods Open Mary Hufty,M.D. Karla Jurvetson,M.D. Space Preserve. This is a particularly meaningful accomplishment Suzanne B.King Melvin B.Lane given that it took nearly 25 years since POST and MROSD first Robert W.McIntyre George M.Marcus targeted the land in 1977. We have our strong partnership—and a Jacqueline Mayer Robert H.Miller good measure of patience—to thank for the permanent protection Gordon E.Moore,Ph.D. Bette Moorman of this and other open space preserves now in the District's capable Janet Morris Susan Orr hands. F.Ward Paine Paul O.Reimer Barbara Doyle Roupe Alexander H.Schilling,Jr. POST has much to look forward to during the next 25 years, T.Chester Wang Rosemary Young including a continued and fruitful partnership with MROSD. Leah Zaffaroni President Audrey C.Rust Best regards, Audrey Rust 3000 Sand Hill Road,4-135 President Menlo Park,California 94025 Tel: (650)854-7696 Fax: (650)854-7703 www.openspacetrust.org Silicon Manufacturing IBM October 29, 2002 Grog - I Mr. Deane Little 22�A,'TJosPa8=h7SVqte5 i190 9100 President, Board of Directors L221501-SVMG(7864)_faLxj-_4QJ850l-786l h4DY1www.svrng.org Mid peninsula Regional Open Space District CARL GUARDINO 330 Distel Circle President&CEO Los Altos, California 94022-1404 BOARD OF DIRECTORS JAMES N.WOODY,M.D.,Ph.D Chair Dear President Little: Roche Pharmaceuticals AARTJ.DE GEUS Vice Chair Synopsys I write on behalf of the Silicon Valley Manufacturing Group to HELEN WILMOT express our support for Midpeninisula Regional Open Space SecreterylTreasurer Eheafthoontracts District's proposed coastal annexation program. CRAIG R.BARRETT Intel Corporation SUSAN BLACK By way of referance, the Silicon Valley Manufacturing Group is a Mid-Peninsula Bank public policy trade organization formed 24 years ago by David ROBERTCARET San Jasd State University Packard of Hewlett Packard. Today, the Manufacturing Group WILLIAM T.COLEMAN III represents 190 of Silicon Valley's most respected employers who BEA Systems,Inc. collectively provide jobs for approximately 275,000 employees, or MRC GREENWOOD University of California,Santa Cruz one of every four private sector workers in the Valley. ADAMR.GREGORY Bank of America BRIAN HALLA We agree that the preservation of the open space and agricultural National Semiconductor BEATRIZINFANTE land along San Mateo County's coast is vital to its coastal Aspect Communications communities and Silicon Valley as a whole. The district's DA VID KLINGER annexation program will allow all coastside residents the opportunity Lockheed Martin JOE NA TOLI to help shape the District's specific coastside policies and provide a San Josd Mercury News means, for those interested in preservation, a means of protecting DEBORAH NEFF Becton Dickinson critical open space and agricultural land. The district's decision to JOE NEMETH surrender its power of eminent domain in the coastal annexation area IBM Corporahon should allay the fears of any property owners who may be concerned KO NISHIMURA SoW#m Corporation about implications of the district's expansion. LEN PERHAM Clear Logic ARTHUR L.ROBERTS Thank you for your leadership in helping to preserve open space in United ROBERT Defense LP Silicon Valley. The District's coastal annexation program will SHOFFNER CITIBANK preserve San Mateo's coastal lands benefiting Bay Area residents for GORDON R.SMITH generations to come. Thank you for your leadership in helping to Pacific Gas&Electric Company JOHN STEWART preserve these invaluable resources. General Dynamics Electronics Systems JOYCE M.TA YL OR Pacify Bell Sincerely, BOB WA YMAN Hewlett-Packard Company KENNETH WILCOX Silicon Valley Bank DAVID WRIGHT Car Guardino Legato Systems President &CEO JOANN ZIMMERMAN Kaiser Permanente cc:Craig Britton,MidPeninsula Regional Open Space District Working Council Chair ANDREA LEIDERMo4N Kaiser Permanente Founded In 1977 by DAVIDPACK4RD a� �a �v RICE,4. U WUPENNSULA REGIONIAL OPEN SPACE DIS792T From Rodger & Lorraine Alleman Volunteer Trail Patrol Members R E G L. The League of Women Voters NOV 2 1" Los Altos-Mountain View Area 97 Hillview Avenue, Los Altos CA 94022 (650) 941-4846 MIDPENNSULA REGIONAL 0PQ4_ SnA�,'E November 19, 2002 Dear Craig: Thank you for taking part in the forum on the Role of Local Government and Citizens in the Protection of Open Space, held Sunday, November 1rb at Congregation Beth Am in Los Altos Hills. As co-president of the Los Altos-Mountain View League of Women Voters, I am writing to applaud you for your insights and your commitment to the continuing protection of our endangered natural resources. We are all in agreement that stewardship of our undeveloped lands and respect for individual property rights are so tightly intertwined as to cause what seems like never- ending conflict. Hopefully, some of the ideas presented Sunday evening, such as more regional planning and collaboration as well as well defined criteria for development, may come to fruition and ease the polarization of positions. Best wishes to you in your continuing good works. Sincerely, Jane Turnbull, Co-President Regional Open Space ....................... MI DPENI NSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General-IS�ana Date: November 18, 2002 RE: Holiday Closure of the District's Administrative Office At your November 12, 1997 meeting, you approved closure of the Administrative office each year during the week containing the Christmas Eve and Christmas Day District holidays(see Report R-97-15 1). Closure of the Administrative office will eliminate the need to staff the office during a time that typically has high demand for vacation time off, low demand from the public and other jurisdictions for administrative services, and low productivity due to the number of other jurisdictions and businesses that also close during this week. Accordingly, this year's Administrative office closure days include the period from Monday, December 23 through Friday,December 27, 2002. The Administrative office would then re-open on Monday, December 30, 2002 for regular business. The holiday schedule and Administrative office closure would apply only to the Administrative office staff and Area Superintendents. Bargaining unit employees, Supervising Rangers, and Maintenance and Crew Supervisors will adhere to the ordinary practice of observing a half-day Christmas Eve holiday on December 24 and the Christmas Day holiday on December 25. As in past years, Administrative office employees will be able to use accrued leave time, or unpaid leave time, to take the December 23, 26, and 27 closure days off, or, if desired and approved by their respective manager, could choose to work any or all of the three closure days. The Administrative office would remain closed to the public for the entire period; however, one or more managers would be available to working employees during that time, either in the office or by telephone. cc: District Employees Regional Open ice A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 18, 2002 Ms. Jo Christie 22162 Bitter Oak Street Cupertino, CA 95014 Dear Ms. Christie, Thank you for your letter that we received on November 14, 2002. It is appreciated that you took the time to write and voice your concerns regarding the parking situation at the Rancho San Antonio Park. As you may or may not know,the District, in addition to operating the Open Space Preserve, has a contract with the County of Santa Clara to manage Rancho San Antonio County Parks as well. The District is not aware of any plans by the County of Santa Clara to add more parking areas and while the parking lots are often full, we are not advocating the construction of additional parking. The District's mission is to acquire and preserve open space land, as well as to protect and restore the natural environment;therefore, we are more interested in preserving land for people instead of cars. Again, we appreciate that you have taken the time to write about your concern and wish you many happy open space experiences in the future. Sinc rely, L L. C rai ton General Manager LCB:lz encl. cc: MROSD Board of Directors 330 Distel Circle a Los Altos,CA 94022-1404 Phone:650-691-1200 Fax:650-691-0485 - E-mail:mrosd@openspace.org Web site:www.openspace.org #;—,-mj 8=8 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 I N.U14 .2 11.42fiP9 If xL� I ' I -ems tom.. � 9 r C �.d w.W.., 37 4&*JO Christie 22162 Bitter Oak St Cupertino,CA 95014 y RECEIVE r f � NOV 14 . OPEN SPACE RESERVE r � Forum on the Role of Local Government and Citizens in Protection of Open Space Sunday, November 17 4:00 to 6:00 PM Congregation Beth Am 26790 Arastradero Road, Los Altos Hills Speakers • Huey Johnson, Founder and CEO Resource Renewal Institute, San Francisco: California Open Space • Anna Eshoo, US Representative - 14th District • Darla Guenzler, Associate Director Bay Area Open Space Council: Conservation Easements • T Jack Foster, Partner Foster Enterprises • Michael O'Malley, Los Altos Hills Town Council Member: Local Issues Surrounding Open Space • Craig Britton, General Manager, Midpeninsula Regional Open Space District: Midpeninsula Open Space Panel on the Role of Citizens • Eric. Carruthers, BCDC Commission Alternate, Citizens Task Force on Coyote Valley • Florence LaRiviere, Citizens Committee to Complete the Refuge, Chair • Kim Brosseau, Citizen User Group Please pre-register by Nov. 10 to (650)968-7622 or JLucasl099@aol.com Co-sponsored by: • Acterra • Citizens Committee to Complete the Refuge • Committee for Green Foothills • League of Women Voters of Los Altos-Mountain View Area • League of Women Voters of California Education Fund • Midpeninsula Open Space District • Santa Clara Chapter of California Native Plant Society • Santa Clara Valley Audubon Society SAM FARR 1221 LONGWORTH HOUSE OFFICE BUILDING 17TH DISTRICT,CALIFORNIA WASHINGTON,DC 20515-0517 (202)225-2861 COMMITTEE ON APPROPRIATIONS 100 WEST ALISAL SUBCOMMITTEES: SALINAS,CA 93901 AGRICULTURE,RURAL DEVELOPMENT,FOOD AND Congrtzz of the Oniteb *to.to (831)424-2229 DRUG ADMINISTRATION,AND RELATED AGENCIES MILITARY CONSTRUCTION Noua of Arpreantatiba; 701 OCEAN STREET CHAIR,CALIFORNIA DEMOCRATIC ROOM 318 CONGRESSIONAL DELEGATION ��n�/a�Igy A�y{� }� }� SANTA CRUZ,CA 95060 CO-CHAIR,CONGRESSIONAL TRAVEL AND r+�µDbingto1L, -MC 20515-0517 (831)429-1976 TOURISM CAUCUS samfarr@mail.house.gov W .house.govlfarr November 7, 2002 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 I Dear Friends: Thank you for the invitation to attend Midpeninsula Regional Open Space District Banquet—November 15, 2002 Unfortunately,previous commitments will prevent me from participating. My very best wishes to you for a successful event. Please keep me informed of your activities and let me know if there is any way in which I might be of assistance in the future. Again, my very best wishes to you for a successful event. Sincerely, S.AM FARR Member of Congress SF/cal I NOV 18 2002 MIDPENNSUI-A REGIONAL OPEN SPACE DISTRACT I it PRINTED ON RECYCLED PAPER i � I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memomd= To: L. Craig Britton, General Manager From: Thomas W. Fischer, Land Protection Specialist Date: 11/8/02 Re: Permit to Enter, Site Restoration Plan Grading Encroachment Foothills Open Space Preserve A completely executed Permit to Enter has been delivered to Auguste B. El-Kareh for the restoration of District land on Foothills Open Space Preserve. In June of 2000, District staff became aware of grading on District land adjacent the property owned by Mr. El-Kareh at 27520 Moody Road in Los Altos. With assistance from the County of Santa Clara, Mr. El-Kareh was required to professionally survey his property boundaries. The survey confirmed a grading encroachment of an approximately 125 feet onto Foothills Open Space Preserve. Since discovery,District staff has been in discussions with Mr. El-Kareh to prepare a Site Restoration Plan acceptable to the District. That Plan has been agreed upon and incorporated into the Permit to Enter. The term of the Permit expires on October 14, 2003. Mr. El-Kareh has been given one year for the Permit to Enter due to the commencement of winter rains, and to enable adequate time for performance of the work. i � , !' ill. �' �iI 'I Cover Sheet for Scanning by ECS Orheinating Department General Manager Laserfiche TemplateBoard of Directors Template Fields Document Date: See folder cover Document Type: Agenda Packet Preserve Name: Keywords(no more than 4): Project Name: Project Number: Vendor or Other Party: Name (First): Name (Last): Address: APN Number: Document No.: See folder cover Additional Field: Additional Field: Additional Field: Additional Field: