Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
20030108 - Agendas Packet - Board of Directors (BOD) - 03-01
Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-01 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday,January 8,2003 330 Distel Circle Los Altos, California AGENDA* Please Note: 6:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. 1. Conference with Real ftqppa Negotiator—Government Code Section 54956.8 Real Pronertv—San Mateo County APN's 056440-010, -060,-070;056450-020;and 067-310-060 Agency Negotiators—Michael Williams,Real Property Representative Negotiating P —Walter Moore,Peninsula Open Space Trust Under Negotiations—Instructions to negotiator will concern price and terms of payment. 2. Conference with Legal Counsel—Existing Litigation,Government Code Section 54956.9(a) Name of Case-Midpeninsula Regional Open Space District v.Wozniak, Santa Clara County Superior Court Case No. CV807797 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL CONMIMCATIONS—Public AwpnoN OF AGENDA ADOPTION OF CONSENT CALENDAR—D.Little ADOPTION OF MINUTES November 13,2002 APPROVAL oF WRITTEN COMMUNICATIONS BOARD BUSINESS 7:40* 1 Elect Officers of the Board for the 2003 Calendar Year—S.Tbielfoldt 330 Distel Circle * Los Altos,CA 94022-1404 9 Phone:650-691-1200 Fax:650-691-0485 - E-mail: mrosd@openspace.org * Web site:www.openspace.org ff.E Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nanette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Meeting 03-01 Page 2 i 7:55* 2 Renewal of Investment Authority and Annual Statement of Investment Policy;Adopt the Attached Resolution to Renew the District Controller's Investment Authority Until January 15, 2004 and to Approve the District's Statement of Investment Policy—C. Britton 8:05* 3 Approval of Communications Site Lease and Agreement with Sprint Spectrum,L.P.,Pulgas Ridge Open Space Preserve;Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act(CEQA)As Set Out in this Report;Adopt the Attached Resolution Authorizing Approval of the Communications Site Lease and Agreement with Sprint Spectrum, L.P. Pul8as Rid ge e Open Space Preserve—J. Dickey 8:15* 4 Appointment of Administration and Budget Committee for 2003;The New President of the Board Should Appoint the Administration and Budget Committee Members for the 2003 Calendar Year with Your Consent—S.Thielfoldt 8:20* 5 Approval of Legislative Consulting Services Agreement for 2003 with Public Policy Advocates;Authorize the General Manager to Execute the Attached Consulting Services Agreement with Public Policy Advocates for Legislative Consulting Services in Sacramento— C. Britton i 8:30* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. *** REVLSED CLAIMS 8:50* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Regional Open ice ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-22 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS November 13,2002 MINUTES SPECIAL MEETING i L ROLL CALL President Deane Little called the meeting to order at 6:06 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko,Larry Hassett,Ken Nitz, Pete Siemens, and Deane Little. Members Absent: None. Staff Present: Craig Britton, Sue Schectman, Del Woods,Mike Williams, Tom Fischer, John Maciel, and John Escobar. H. CLOSED SESSION D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1, 2, and 3. The Board recessed to Closed Session at 6:07 p.m. and the Closed Session commenced at 6:07 p.m. The Board concluded the Closed Session at 7:30 p.m. REGULAR MEETING M. D. Little called the Regular Meeting to order at 7:35 p.m. He announced that the Board had discussed Closed Session Agenda Items 1, 2, and 3 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Sandy Sommer, Sally Thielfoldt, Lisa Zadek, Ana Ruiz, Cathy Woodbury, and John Dickey. IV. ORAL COMMUNICATIONS Paul Nam, new president of ROMP, introduced himself to the Board. 330 Distel Circle . Los Altos, CA 94022-1404 - Phone: 650-691-1200 Fax: 650-691-0485 . E-mail: mrosd@openspace.org a web site:www.openspace.org Board of Directors: Pete Siemens,Mary C.Davey,led Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Meeting 02-22 Page 2 V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 7 to 0. VL ADOPTION OF CONSENT CALENDAR K. Nitz removed claims and Agenda Item 7, Authorization to Purchase One Tractor: Direct the General Manager to Execute a Purchase Contract with the State Department of General Services and Peterson Tractor for One Mini-Excavator at a Total Cost Not to Exceed $40,000. Staff answered questions regarding Claim#4692 (removal of storage tanks at former McKannay property); 4705 (install body separate); 4752 (La Honda Reservoir, hazardous material removal); 4756 (hay bales); 4766 (pig management; acorns are dropping, expect an increase of pigs); 4777 (software), and 4714. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including the minutes of the Special and Regular Meetings of September 25, 2002, October 9, 2002, and October 23, 2002; and Agenda Item 9, Midpeninsula Regional Open Space District v. Wozniak: (Encroachment at Bear Creek Redwoods Open Space Preserve): Authorize the General Manager to Approve Litigation Expenses Pursuant to the Retainer Agreement with the Law Firm of Miller, Starr&Regalia in an Additional Amount Not to Exceed $20 000; and Revised Claims 02-18. K. Nitz seconded the motion. The motion passed 7 to 0(N. Hanko and K. Nitz abstained on Claim#4776). VII. BOARD BUSINESS C. Britton reported on Agenda items 1, 2, and 3. The resolutions honored Joe Simitian as "Legislator of the Year," Byron Sher with a lifetime commendation for 22 years of work with the District, and POST on its 25 h anniversary. A. Agenda Item No. 1 —Consideration to Adopt a Resolution Commending the Honorable Joe Simitian for his Extraordinary Environmental Efforts and Achievements, Especially on Behalf of Midpeninsula Regional Open Space District—(Report R-02-125). Motion: M. Davey moved that the Board adopt Resolution No. 02-37, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Commending the Honorable Joe Simitian. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2- Consideration to Adopt a Resolution Commending,the Honorable Byron Sher for his Extraordinary Environmental Efforts and Meeting 02-22 Page 3 Achievements. Especially on Behalf of the Midpeninsula Regional Open Space District—(Report R-02-122). Motion: N. Hanko moved that the Board adopt Resolution No. 02-38, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending State Senator Byron Sher. 1. Cyr seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3—Consideration to Adopt a Resolution Honoring and Commending Peninsula Open Space Trust Upon the Occasion of its 25th Anniversary —(Report R-02-1231 Motion: D. Little moved that the Board adopt Resolution No. 02-39, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending Peninsula Open Space Trust on the Occasion of its 25t' Anniversary. L. Hassett seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4-Proposed Acquisition of Remaining;Interest in the Big Dipper Ranch Property as an Addition to Skyline Ridge Open Space Preserve and Exchange of Remaining Interest in a 16-Acre Portion of Ranch Property to Existing Partial Interest Holder; Adopt the Attached Resolution Authorizing Purchase of 45.78%Fee Interest in a 751.9-Acre Portion of Big Dipper Ranch Property From Celia Cummings and Exchange of 54.22%Fee Interest in the Remaining 16-Acre Portion of the Property to Celia Cummings; Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report; Indicate Your Intention to Dedicate the Property as Public Open Space—(Report R-02-127). D. Woods presented the report including a PowerPoint presentation. He said the property connects with Old Page Mill Road. The majority of the buildings are on the 16-acre retained home site. He said the grassland has reestablished after some overgrazing in the past. Regarding grazing, staff has interviewed consultants and are looking at protection of creek areas and other sensitive habitat. C. Roessler is already looking at the issue of invasive versus native species if grazing just stops. I Cyr commented that an article in the Committee for Green Foothills newsletter said grazing helps native grasses. D. Woods said Old Page Mill Road goes through the steep area with a large landslide. He showed a potential realignment and said the trail may not be a patrol road, but more research will occur. He showed a detailed site map of the 16-acre holding. D. Woods said staff is looking into the possibility that some of the structures, including an old barn, might be of historic value. S. Schectman informed the Meeting 02-22 Page 4 Board that the law regarding historic structures does not require owners to keep up the appearance of the buildings. D. Woods pointed out a possible route the public could use to get to the creek area. He said the trail goes through private land. The report showed the possibility of a future trail system, but it needs to be in the master plan. D. Woods showed pictures and slides of the subject property. C. Britton reviewed the terms of purchase of the property. He said the purchase fits into the District program of not buying residences. Motion: N. Hanko moved that the Board adopt Resolution No. 0240, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificates of Acceptance of Grant Deed, Quitclaim Deed to District, Execute Grant Deed, Quitclaim Deed and Grant of Right of First Offer and Right of First Refusal, and Authorizing General Manager to Execute Any and All Other Documents Necessary of Appropriate to Closing of the Transaction(Skyline Ridge Open Space Preserve —Lands of Cummings). M. Davey seconded the motion. Discussion: There was a written comment from ROMP stating their support for the acquisition. K. Nitz said he preferred that there be no in-holdings. Vote: The motion passed 7 to 0. E. Agenda Item No. 5- Approval of Residential Lease Agreement for the Historic Fremont Older Residence with Mort and Elaine Levine at Fremont Older Open Space Preserve, Determine that the Recommended Actions are Cate og rically Exempt from the California Environmental Quality Act(CEQA) As Set Forth in This Report, Authorize the President of the Board of Directors to Execute the Residential Lease Agreement with Mort and Elaine Levine—(Report R-02-121). M. Williams presented the staff report and acknowledged the work of J. Dickey and D. Simmons. C. Britton added that this was the second historical lease that had worked out well. Tours of the property are very popular and the Levines are nice people to work with. He said that although the Levines have spent a lot of money, the District had to charge fair market rent or it would be considered a gift of public funds. The Levines have done more than required. ub q K. Nitz had concerns with the fairness of charging the Levines increased rent when they have done so much to increase and maintain the value of the property. Meeting 02-22 Page 5 N. Hanko noted that she had initially voted to demolish the structure, but this had been a labor of love for the Levines as they had respect for Cora and Fremont Older. She said she thought the rent was reasonable and she was very appreciative of the Levines' efforts. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set forth in the staff report; and authorize the President of the Board of Directors to execute the Residential Lease Agreement with Mort and Elaine Levine. P. Siemens seconded the motion. Discussion: I Cyr said he had run the numbers, and some of the dollars are donated hours. He commended the Levines. N. Hanko suggested a resolution to honor the Levines. K. Nitz recommended that the Board vote no and have the staff re-negotiate. Vote: The motion passed 6 to 1 with Director Nitz voting no. F. Agenda Item No. 6- Approve the Mitigated Negative Declaration and Mitigation Monitoring Program in Accordance with the California Environmental Quality Act(CEQA). and Adopt the CEQA and De Minimis Findings as Set Out in this Report—Weport R-02-124). Ana Ruiz presented staff s recommendations and noted that staff had not received any public comments on the item. She said that though FEMA money would not cover all the repair, money would be budgeted in next year's budget. She said the amount needed to finalize the construction would be ready by budget time. I Escobar said this is the Old Page Mill Trail Road Route and staff will need to build a bridge across Lambert Creek before they can go on with Old Page Mill Trail. C. Britton said this is an historic road that goes both directions. He said staff would be looking for grant funding for the bridge. This item is just for the repair of the slide. I Escobar said the creek crossing is closed. N. Hanko asked if the trail would continue to the Big Dipper Ranch. I Escobar clarified that this is the Old Page Mill Road and ninety percent (90%) of the road is there except for the creek crossing and the washout. K. Nitz asked for clarification of the trail connection. C. Britton said he thought the road from the Bullis property was impassible but staff had identified that it might be a way to get from Russian Ridge Open Space Preserve to Old Page Mill Meeting 02-22 Page 6 Road. It is not a well-made road and there have been a lot of landslides on it. A. Ruiz said that staff is still debating whether to make it a patrol road. Motion: N. Hanko moved that the Board approve the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act (CEQA), and adopt the CEQA and De Minimis Findings as set out in the staff report. M. Davey seconded the motion. Discussion: C. Britton read a comment from ROMP that stated that the Old Page Mill Road needed repair, and upon repair the historic roadbed must continue to be designated as a multi-use trail. Board members complimented staff on the presentation. K. Nitz commented on the colors used on the map and suggested that they could be standardized to avoid future confusion. Vote: The motion passed 7 to 0. G. Agenda Item No. 7- Authorization to Purchase One Tractor, Direct the General Manager to Execute a Purchase Contract with the State Department of General Services and Peterson Tractor for One Mini-Excavator at a Total Cost Not to Exceed $40,000—(Report R-02-119). K. Nitz asked what the difference was between a mini-excavator and a tractor and asked how many the District has. I Maciel said the District has none and explained what a mini-excavator is, what it does, and how it is being used. He talked about safety features and said it would replace a trail machine and is much safer. Motion: K. Nitz moved that the Board direct the General Manager to execute a purchase contract with the State Department of General Services and Peterson Tractor for one mini-excavator at a total cost not to exceed $40,000. N. Hanko seconded the motion. Discussion: I Maciel told the Board how the machine would be transported. P. Siemens said he was glad to see them getting equipment that would save labor. C. Britton suggested that perhaps they could have an open house to show the equipment to the public and the Board. Vote: The motion passed 7 to 0. Meeting 02-22 Page 7 H. Agenda Item No. 8- Authorize an Increase in the Amount of$16,000 for the Contract with Kevin Emery Building for the Structural Repairs to the Former "Sherrill/Grainger" Residence at Monte Bello Open Space Preserve for a Total Contract Amount Not to Exceed $36,251.50, Appropriate $16,000 in Funds from the New Land Purchases Budget Account, Determine that the Recommended Actions are Categorically rically Exempt from the California Environmental Quality Act (CEQA) as set out in this Report, Waive Solicitation of Further Bids and Approve the Performance of Emergency Structural Repairs Described in this Report bX Kevin Emery Builders Due to the Existence of an Imminent Threat to Persons and Property—(Report R-02-128). Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt from the California j Environmental Quality Act as set forth in the staff report; authorize and increase in the contract with Kevin Emery Builder for the structural repairs to the former"Sherrill/Grainger" residence at Monte Bello Open Space Preserve in the amount of$16,000 for a total contract not to exceed $36,251.50; appropriate $16,000 in funds from the New Land Purchases Budget Account; and waive solicitation of further bids and approve the performance of emergency structural repairs described in the report by Kevin Emery Builders due to the existence of an imminent threat to persons and property. P. Siemens seconded the motion. Discussion: M. Williams said the property management tenants live on the property. He said the property had been secured by the contractor and he had done some repairs included in the original contract. Staff is negotiating an accommodation in the rent because of the inconvenience to the tenants. Vote: The motion passed 7 to 0. VII. INFORMATIONAL REPORTS M. Davey: 1. She said C. Britton, with the support of Byron Sher, the Mountain Lion Foundation, and Committee for Green Foothills, had pulled off a money miracle. 2. She appeared before the Santa Clara County Planning Commission to ask for an extension of time to read the proposed hillside and zoning ordinance for the Stanford land west and south of Junipero Serra. She said an extension had been granted for one month. 3. Rain had caused cancellation of a planned walk with a docent along the Ridge Trail. J. Escobar said about 220 people had replied to the invitation to the 30t`anniversary celebration, and C. Britton said they thought there would be about 250. r limb that barely missed the Hill n h picture showing a large b K. Nitz hiked at Windy H and had a p ctu e s g g y Betsy Crowder Bench. Meeting 02-22 Page 8 N. Hanko asked when the January Board meetings would be held. C. Britton explained why he had previously asked for date changes. Following discussion, it was decided to re-agendize the matter for the December 11 Regular Board meeting. J. Cyr: 1. He was pleased to see that the prescribed burn on Skyline took place. 2. He had read that Patti Ciesla had been a docent scheduled to lead a bicycle hike. Staff informed him that it had been canceled because of bad weather. 3. He had a photo of C. Britton that he would give him at a later time. 4. A friend of his from Canada sent him a website address in which he thought staff would be interested. It showed pictures of the California coast. L. Hassett: 1. He announced that he had been re-elected to the Board. 2. He said his rain gauge showed 9-1/2 inches of rain in the recent storm. He lost power for nearly three days. 3. He talked about the harvesting of the chestnut orchard on District land. He expressed concern about the District's liability. 4. He talked about the FYI regarding Sierra Singles and the work they had done for the District. He thought they should be recognized. D. Little: 1. He talked about having missed an event because of not receiving the invitation in time. 2. He met C. Sparks-Hart and K. Carlson at Rancho San Antonio and looked at the lower meadow where they will be doing some control efforts on star thistle. He had suggestions for staff regarding the mowing of the thistle. 3. He was leaving the ranger station today and saw a bobcat crossing the road. He said the cat was very comfortable with human presence. J. Cyr said he attended the October 28 event for Joe Simitian. He said he appreciated Simitian's acknowledgment of himself and others regarding the importance of open space. C. Britton: 1. He talked about the Coastal Conservancy meeting in Napa and said they approved a $2,050,000 grant toward the purchase of the Miramontes Ridge Property from POST, and POST will match that with a gift of equal value. 2. D. Woods and he went to the Land Trust National Rally in Austin, Texas. He said Austin has the largest urban bat population in the world. He cited some facts about the Mexican Freetail bats. 3. It had been announced that Stanford was not going ahead with their building plans. 4. The FYIs included an item on the Sierra Azul burn. There was also a memo regarding the Russian Ridge prescribed burn. 5. The FYIs included election results in San Mateo County. 6. He will be on a forum at the November 17 League of Women Voters event in Los Altos Hills. 7. The clippings contained an item about POST buying the Bressler property, and they will be working to get Palo Alto to buy it. 8. The FYIs had an item about the Kabcenells' drip system and the gophers that are damaging it. S. Schectman: 1. The Supreme Court declined to grant review and de-publish the Sonoma County case. There might be some legislative solutions to address the issue. 2. She had given Board Members a memo concerning appropriate reimbursement of Director's costs. 3. Santa Clara County Open Space Authority is involved in litigation Meeting 02-22 Page 9 challenging their benefit assessment district for open space. The Santa Monica Recreation and Conservation District has an identical challenge. I Escobar: 1. He was invited by the California Parks and Recreation Society to meet with and speak to 19 parks and recreation representatives from the People's Republic of China last week. He talked about the experience and said it was very interesting. S. Thielfoldt thanked L. Zadek for filling in as Recording Secretary. I Maciel: 1. Frances Reneau is graduating from the academy tomorrow. 2. Staff has been busy assisting in storm recovery efforts. 3. Staff has been working on joint restoration projects at Bear Creek and adjacent to the Wozniak property. 4. He talked about the Russian Ridge prescribed burn and a lightning-strike fire at the former Thysen property. IX. ADJOURNMENT At 10:05 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 02-18 Meeting 02-22 Date 11/13/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4732 $784.60 Indoff Incorporated Office Furniture-Planning&Admin.Department 4733 $297.15 Interstate Traffic Control Product Sign Posts 4734 $99.99 Johnigan,John Reimbursement-Uniform 4735 $455.89 Kem,Grant Reimbursement-Conference-SERCAL 4736 $32.49 Kinko's Printing Services 4737 $479.09 Langley Hill Quarry Trail Restoration Material 4738 $400.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 4739 $661.25 Los Altos Garbage Co. Refuse Services 4740 $8.58 MCI Long Distance Telephone Service 4741 $434.61 McKowan,Paul Reim.-30th Anniversary Event Supplies 4742 $118.57 MegaPath Networks Internet Connection-DSL Line SFO 4743 $259.76 MetroMobile Communications Radio Repairs&Maintenance 4744 $8,300.00 Mike Tobar Excavation Demolition-Former Bartel Property 4745 $56.87 '4 Morgan,Jessica Reimbursement-30th Anniversary Supplies 4746 $3,024,000.00 #ft Old Repbulic Title Company Acquisition of Big Dipper Ranch 4747 $43.93 Odandi Trailer Trailer Hitch Installation 4748 $896.33 Pacific Bel Telephone Service 4749 $2,333.12 Panko Architects Architectural Service-FRO Shop Facility 4750 $75.00 '5 Peers Coffee Russian Ridge Barn Event Supplies 4751 $400.55 Peninsula Digital Imaging Printing/Laminating Photos for District Display 4752 $3.700.00 Philip Transportation Hazardous Waste Removal-La Honda 4753 $3,838,35 Rana Creek Habitat Restoration Native Grass&Wild Flower Seed 4754 $36.13 Rayne Water Conditioner Rental 4755 $1,698.00 Redwood Mechanical&Plumbing Co. Furnace Installation 4756 $442.31 Reed&Graham,Inc. Hay Bales for Trail Restoration 4757 $402.18 `6 Reneau,Frances Reimbursement-Training-Santa Rosa Academy 4758 $30.79 Robert's Hardware Field Supplies&Equipment 4759 $600.00 Roberta Wolfe Recording Services 4760 $403.17 Roessler,Cindy Reimbursement-Mileage 4761 $580.05 Roy's Repair Service Vehicle Repairs&Service 4762 $186.00 `7 Sac.Sheriffs Dept.SSDDTRFTF Patrol Bike Training-Ken Miller 4763 $293.12 Safety Kleen Oil Recycling 4764 $1,366.86 San Jose Mercury News Legal Ad.-Old Page Mile Road Project&Recruitment 4765 $742.94 San Jose Water Company Water Service 4766 $2,360.00 Seever,Richard DBA Rural Pig Mgmnt Pig Control Services 4767 $99.00 Sequoia Analytical Water Quality Test 4768 $331.98 Skyline County Water District Water Service 4769 $600,00 Smith,Malcom Public Affairs Consultant 4770 $1,168.23 Soil Stabilization Products Co.,Inc. Restoration Materials 4771 $101 1.1 Sommer,Sandy Reimbursement-Mileage 4772 $264.00 Stevens Creek Quarry,Inc. Water Truck Rental 4773 $1.093.22 Summit Uniforms Uniform Expense 4774 $371.55 Tadco Supply Janitorial Supplies 4775 $952.60 United Rentals Highway Tech. Equipment Rental 4776 $51.28 Verizon Pager Service 4777 $9,650.00 Wahoo Warehouse Software-Office 2000 4778 $1,390.00 West Bay Electric Inc. Electrical Repair-Restroom-Main Office I Page 2 of 3 Claims No. 02-18 Meeting 02-22 Date 11/13/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4689 $267.20 Ace Fire Equipment&SVC CO. Fire Extinguisher Servicing 4690 $1,708.09 Acme&Sons Sanitation Sanitation Services 4691 $151.13 ADT Security Services Burglar Alarm Service 4692 $14,459.09 All Chemical Disposal,Inc. Chemical Identification Services 4693 $383.85 All Premium Promotional Products Staff Recognition Supplies 4694 $3,119.16 Allied Auto Works Vehicle Service and Repairs 4695 $500.00 American Tower Corporation Radio Repeater-Coyote Peak 4696 $363.49 Arbill Glove&Safety Product Field Supplies 4697 $49.62 AT&T Telephone Service 4698 $1,739.10 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 4699 $352.71 Barron Park Supply Co.,Inc. Plumbing Supplies 4700 $122.49 Browning-Ferris Industries Refuse Services 4701 $26.02 Butler's Uniforms Uniform Expense 4702 $350.00 CA Env.Protection Agency EPA ID Number Fee 4703 $161.90 Cabela's Promotions,Inc. Uniform Expense 4704 $103.38 California Water Service Company Water Service 4705 $8,940.75 Carter Industries Vehicle Service Body&Parts 4706 $12.95 Casaretto,Mark Reimbursement-Uniform 4707 $200.00 Clark Pest Control Pest Control 4708 $56.00 Co.of Santa Clara-Env.Res.Agency Business Meeting-Rental Hall 4709 $237.15 Cole Supply Co.,Inc. Sanitation Services 4710 $737.03 Comp USA,Inc. Epson Printer 4711 $520.97 Costco Supplies 4712 $370.83 Custom Alignment Vehicle Repair 4713 $106.81 '1 Cuzick,Elaine Reimbursement-30th Anniversary Supplies 4714 $1,777.98 Design Concepts Posters of Visitors Map 4715 $96.97 Document Systems Office Supplies 4716 $65.00 Dolan,Brendan Reimbursement-First Aid/CPR Conference 4717 $2,143.72 Emergency Vehicle Systems Equipment Repairs 4718 $350.00 Evergreen Hazardous Waste Removal Service-Used Oil 4719 $390.00 Expanets Telephone System Maint.&Lease 4720 $21.63 Film To Frame Video Tape Copy 4721 $1,000.00 '2 Financial Title Company Title&Escrow Fees 4722 $5,241.85 `3 First Bankcard 2848.62-Training&Conf,Exp. 154.87-intemet Ser. 732.63-Field Equip.Supp.&Uniform Exp. 539.05-Subscriptions&Books 606.55-Special Event Supp.&Prizes 109.54-Software 250.59-local Business Meeting 4723 $54.25 Fitzsimons,Renee Reim.-30th Anniversary Event Supplies 4724 $96.17 Forestry Supplies,Inc. Field Supplies 4725 $39.99 Foster Brothers Keys&Lacks 4726 $234.57 G&K Service Shop Towel Service 4727 $861.28 Gardenland Power Equipment Field Supplies&Equipment 4728 $1,089.00 Godiva Chocolatier 30th Anniversarey Event Gifts 4729 $704.17 Green Waste Recovery,Inc. Garbage Service 4730 $448.40 Home Depot,Inc. Field Supplies&Equipment 4731 $58.57 Howard,Kelly Reimbursement-Conference-SERCAL Page 1 of 3 Claims No. 02-18 Meeting 02-22 Date 11/13/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4779 $1,862.38 West Group On-Line Legal Services 4780 $577.10 Woods,Del Reimbursement-Land Trust Alliance 4781 $200.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 4782 $972.47 Workingman's Emporium Uniforms 4783 $600.00 Z-CON Specialty Service,Inc. Asbestos Removal-FFO Shop 4784 R $322.08 Anthony J.Anglim Co. U.S.Flag-Main Office 4785 R $3.951.00 Bay Area Asphalt&Cement Works,Inc. Apply Sealer-Thomwood Driveway 4786 R $749.62 Bowerman Electric Electric Repairs-La Honda Ranger Resident 4787 R $1,166.98 Britton,L.Craig Reim.-Conference-Land Trust Alliance Annual Rally 4788 R $100.00 California Exotic Pest Plant Council Membership Dues 4789 R $151.04 California Water Service Company Water Service 4790 R $1,915.00 General Graphics Exhibits Interpretive Signs 4791 R $1,412.01 Gilpin Geosciences,Inc. Consulting Services-ECDMC&Pursima Creek 4792 R $147.87 Guy Plumbing&Heating,Inc. Repair-Distel Toilets&Rental Unit 4793 R ### $10,000.00 Kevin Emery Builder Sherri[House Rental Repair 4794 R $64.94 Miller,Ken Reimbursement-Field Supply 4795 R $885.20 Office Depot Office Supplies 4796 R $643.13 Office Team Office Temporary Help-Acquisition Department 4797 R $933.59 Pacific Bell Telephone Service 4798 R $478.05 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 4799 R $675.00 Smith,Malcom Public Affairs Consultant 4800 R $225.00 Solo To Trio String Quartet for Musical Services-30th Anniversary 4801 R $75.00 Stuart Weiss Docent Training 4802 R $1,000.00 United States Postmaster Postage Total $3,151,711.38 '1 Urgent Check Issued 11/06/02 '2 Urgent Check Issued 10/29/02 '3 Urgent Check Issued 11/04/02 '4 Urgent Check Issued 11/6/02 '5 Urgent Check Issued 10/29/02 '6 Urgent Check Issued 10/25102 '7 Urgent Check Issued 11/6/02 ## In the event agenda item is not approved,this claim will not be processed. ###Per board approval of agenda item 8 Page 3 of 3 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-01 Meeting 03-01 January 8, 2003 AGENDA ITEM 1 AGENDA ITEM Election of Board Officers for 2003 ACTING GENERAL MANAGER'S RECOMMENDATION Elect Officers of the Board for the 2003 calendar year. DISCUSSION Pursuant to Section 1.22 of your Rules of Procedure, you shall elect new Board Officers for the calendar year at your first meeting in January. The election will be conducted by signed ballots, and the District Clerk will count the ballots. After the election, the ballots will be available for public inspection, if requested. Your Rules of Procedure fist the order of officers to be elected as follows: President, Vice- President, Treasurer, and Secretary. The Treasurer is an automatic member of the Administration and Budget Committee. Each Board Officer is voted upon by separate ballots. Nominations are called for first. When nominations are closed, election by ballot for that office will then proceed. Prepared by: Sally Thielfoldt, District Clerk Contact person: Same as above 330 Distel Circle o Los Altos, CA 94022-1404 # Phone: 650-691-1200 Fax: 650-691-0485 * E-mail: mrosd@openspace.org - Web site: www.openspace.org IM 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 Sj. .e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R 03-02 Meeting 03-01 January 8, 2003 AGENDA ITEM 2 AGENDA ITEM Renewal of Investment Authority and Annual Statement of Investment Policy ACTING GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution to renew the District Controller' investment authority until January 15, 2004 and to approve the District's Statement of Investment Policy. DISCUSSION The District Controller's authority to invest temporarily idle funds will expire on January 15, 2003, according to the provisions of Resolution 00-03 (see Report R-00-03). Currently, all of our cash reserves not held by a trustee are invested through the Santa Clara County pooled investment fund, or in U. S. treasury securities held by Santa Clara County, or are invested in Certificates of Deposit with the District's bank. The attached resolution renews the Controller's authority to invest District funds in accordance with the District's investment policy, permitting the District to invest its surplus funds in the Santa Clara County pooled fund and in Certificates of Deposit with the District's bank. These pooled funds, by policy, are invested in a conservative manner and fund performance is reported on monthly, including a full listing of the portfolio. The pools' investment policies have been reviewed by the Controller. When short-term interest rates rise, we are sometimes able to earn an enhanced return on District investment funds by investing directly in investments permitted by the Government Code. The attached policy permits the Controller to invest surplus District funds directly in such specific investments. Prepared by: Michael 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 ® ' 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. 03- RESOLUTION OF THE O DIRECTORS O BOARD FF THE O MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A STATEMENT OF INVESTMENT POLICY AND AUTHORIZING THE CONTROLLER TO INVEST SURPLUS FUNDS ALLOWED BY GOVERNMENT CODE WHEREAS, the District needs to maximize the yield on surplus temporarily idle funds in order to help meet land acquisition objectives; and WHEREAS, Chapter 4, Division 2 of Title 5 of the Government Code authorizes the District to deposit and invest surplus funds in investments which, at times, yield interest rates higher than achievable through the Santa Clara County Pooled Fund, or the California Pooled Investment Authority; and WHEREAS, the District can often improve its yield on surplus funds without sacrificing financial safety and flexibility. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby authorize the Controller to invest surplus or temporarily idle funds according to the Investment Goals and Guidelines attached hereto as Exhibit "A' and by reference made a part hereof. Section Two. Before any particular investments the Controller shall consult with the General Manager, or a District employee authorized to act in his/her behalf, to determine anticipated cash flow needs of the District. Section Three. This Resolution supersedes Resolution No. 00-03 adopted January 12, 2000. This Resolution shall no longer be in effect as of January 15, 2003, unless extended in time, and inactive funds shall then be deposited in the Santa Clara County Pooled Investment Fund, with the California Pooled Investment Authority, or invested through the District's bank. * * * * * * * * * * EXHIBIT"A„ INVESTMENT GOALS AND GUIDELINES GOALS Goal 1. Capital Preservation The primary goal shall be to safeguard the principal of invested funds. Temporarily idle funds shall be invested in a conservative manner, such that funds can always be withdrawn at, or just above or below, full invested value. Investments that offer opportunities for significant capital gains and losses are excluded. i Goal2. Liquidity Temporarily idle funds will be managed so that normal operating cash needs and scheduled extraordinary cash needs can be met on a same day basis. Investments will be sufficiently liquid to provide a steady and reliable flow of cash to the District to insure that all land purchases can be made promptly(within two weeks). Goal 3. Income Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation and liquidity goals and the Government Code. GUIDELINES 1. Determination of Idle Funds The Controller will prepare a complete cash flow projection prior to all investment decisions. This cash flow projection will be reviewed and evaluated by the General Manager. The General Manager is responsible for approving the Controller's designation of the amount of funds not required for the immediate necessity of the District and available for investment. 2. Contingency Reserve A contingency reserve of at least$1,000,000 shall be maintained with the Santa Clara County Pooled investment fund. The General Manager is responsible for approving the Controller's designation of the size of this contingency reserve. At all times this contingency reserve will be sufficient to satisfy the requirements for all Note Funds. 3. Non-Invested Funds Idle District funds not otherwise invested or maintained with trustee paying agents will be deposited with the Santa Clara County Pooled investment fund. 4. Selection of Investments The Controller is responsible for selecting investments that fit within the amounts and maturities recommended by the Controller and by the General Manager. The Controller is also responsible for directing security transactions. I i Page 2 5. Investments Instruments Investments shall be limited to those allowed b Government Code Section 53601 et se . and 53635 et se . Y 4 4 Investments shall not be leveraged. Investments, and"derivatives,"that offer opportunities for significant capital gains and losses are excluded. All investments, other than funds held in trust for note holders and trust funds released after posting surety bonds, shall mature within 180 days. 6. Diversification Investments other than insured or collateralized deposits at banks and savings and loan associations shall be diversified. 7. Marketability For investments other than deposits,the breadth of ownership and number of securities outstanding will be sufficient to establish a secondary market in which investments can be readily converted to cash without causing a material change in their market value. 8. Acceptable Banks Bankers'Acceptances and Negotiable Certificates of Deposit may be purchased only from banks and savings and loan associations with over$1,000,000,000 of deposits and reporting profitable operations and which meet all applicable criteria of the Government Code. 9. Acceptable Collateral Securities collaterahzing bank or savings and loan deposits must be rated"A"or higher. 10. Investments in Name of District All investments purchased shall stand in the name of the District. 11. Reporting The Controller shall report all security transactions to the Administration and Budget Committee no later than the next Regular Meeting of the Board of Directors after any transaction has been made. The Controller shall submit a report of the District's investments and security transactions to the Administration and Budget Committee by the fourth Wednesday of each month in accordance with Government Code Section 53607. The Controller will render a quarterly investment report to the Board of Directors as required by Government Code Section 53646. Such reports shall also be submitted to the General Manager and to the District's' auditor. The Administration and Budget Committee shall act on behalf of the Board of Directors in receiving reports from the Controller required by Government Code Section 53607. 12. Purchase of Securities Through Bank The Controller is authorized to purchase securities through the investment department of the District's bank. The Bank shall be instructed in writing only to purchase securities in the name of the District and that all matured funds shall be returned to the District's bank account. The Bank shall also be instructed to send receipts for transactions to the General Manager. Regional Open S, ce 1 - -OS Meeting 03-01 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 8, 2003 AGENDA ITEM: 3 AGENDA ITEM Approval of Communications Site Lease and Agreement with Sprint Spectrum, L.P., Pulgas Ridge Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATIONS ,(16�� 1. Determine that the recommended action is categorically exempt from the California Environmental Quality Act (CEQA) as set forth in this report. 2. Adopt the attached resolution authorizing approval of the Communications Site Lease and Agreement with Sprint Spectrum, L.P., Pulgas Ridge Open Space Preserve. DISCUSSION At your April 9, 1997, meeting you adopted an amendment to the Pulgas Ridge Use and Management Plan (see reports R-97-38 and R-97-55) providing for the installation of a communications facility at the existing Pacific Gas and Electric Company (PG&E) transmission tower and approved a lease agreement with Sprint Spectrum. The PG&E tower and lease area are situated at the southwest corner of the Preserve adjacent to the CalTrans Park and Ride lot at Edgewood Road and Interstate 280 in unincorporated San Mateo County (see Exhibit B). The PG&E tower is not visible from the main part of the Preserve where the public trail system is located. Sprint allowed their initial five-year lease to expire in September without exercising their first renewal option. The District allowed a month-to-month tenancy to permit negotiation of a new lease which is now complete. Key provisions of the new lease are: 1. Reduction in the leased area from 210 square feet to 82.7 square feet to allow the District to lease additional space under the PG&E tower to other telecommunications providers. 2. An annual rent of$30,000 increasing 4% per year for each of the remaining four years of the initial term. There are four options for additional five-year terms at the then prevailing market rate consistent with California Public Resources Code Section 5563. 3. The Lessee has a separate agreement with PG&E to install telecommunications facilities on the existing PG&E tower. 4. Any additional alterations or additions to the proposed communications facilities will 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 ftg OfA ffs 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-03-05 Page 2 require prior written approval by the District. 5. The Lessee will provide liability insurance for their operations on the property. 6. The Lessee is solely responsible for restoring the site to its previous condition if disturbed during installation, maintenance, or removal of the facilities. CEQA Compliance The project is the addition of an accessory structure (telecommunications antenna) to an existing facility (PG&E tower) and is categorically exempt under Sections 15301 and 15311 of the California Environmental Quality Act Guidelines: Categorical Exemption 15301 - Existing Facilities The minor alteration of an existing public or private structure (addition of a telecominunications, antenna to the existing PG&E tower) involves negligible expansion of use. Categorical Exemption 15311 - Accessory Structures Placement of the antenna is considered a minor structure accessory to an existing institutional facility. RECOMMENDATION Staff supports approval of the proposed new Sprint Lease. Although visible from Interstate 280, the facilities are not visible from most of the public use areas of the preserve. The proposal provides the District with a significant increase in rental revenue with negligible visual impacts to District land. Prepared by: John P. Dickey, Real Property Specialist Contact person: Michael C. Williams, Real Property Representative PULGAS RI16GE OPEN SPACE&RESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT N 000 •• �:• •Polly Geraci Trail „•.. •��• Please stay on trails. Lands adjacent are not • open to the public. 1.0 0.2'• �..•••• Water Tank •(PR02) Hassler Trail• '•��� Hassler Loop Trail .........".X 03 b h Blue 600 0 4~'•1• ...is :'.. .•�� oak • � Trail �••� •�• •.\ 0.4 a.. boa a o �•• d�oatl boo ale � 280 i 400 EDGEWOOD Site COUNTY PARK LOCation (San Mateo County) ��--_ 0.0 .1 .2 .3 .4 .5 .6 .7 .R .9 1.0 One Mile Map Legend Trail Use �. r 1.0 (a ❑ Gate(«) Trail Distance in Miles Vehicle Driveway ••••••••••� Dogs on leash Vehicle Parking Lot Other Public Lands No Public Entry Hiking permitted P""'``or`eased Lands on all trails RESOLUTION SOLUT ON NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE COMMUNICATIONS SITE LEASE AND AGREEMENT WITH SPRINT SPECTRUM, L.P. (PULGAS RIDGE OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The District may,under the provisions of Section 5540 and 5563 of the Public Resources Code, lease property owned by the District for a period of up to twenty-five (25) years, and the Board of Directors does hereby find that the premises to be leased for Communication Facilities are presently unnecessary for park and open space purposes and that a lease of such premises for Communication Facilities is in the public interest.. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Lease between Midpeninsula Regional Open Space District and Sprint Spectrum, L.P., a copy of which is attached hereto and by this reference made a part hereof, and does hereby authorize the President or other appropriate officers to execute said Lease on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Lessee. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the completion of the transaction. COMMUNICATIONS SITE LEASE AGREEMENT 1. Premises. ..............I................ 2. Use. ........................................................................................................................................� 3. Term........................................................................................................................... ,3 4. Rent....................................................................................................................... .............3 5. Taxes........................................................................................................... 4 6. Improvements. .............................................................................................................. 4 7. PG&E Easement. ...................... 8. Access to Premises. ...............................................................................................................5 9. Maintenance and Repair................ 10. Alterations. ........................................................................................................................6 11. Utilities............................................ 6 12. Interference with Communications and Indemnification of Interference Claims..............6 13. Liens. .................................................................................................................................7 14. Waiver of Claims and Indemnification..............................................................................7 15. Condemnation....................................................................................................................7 16. Insurance............................................................................................................................8 17. _Assignment and Subleasing. ..............................................................................................8 18. Entry by District........................................... 19. Termination. ......................................................................................................................9 20. Surrender; Waiver of Relocation Rights. ........................................................................10 21. Waiver. ............................................................................................................................10 22. Option to Extend Term. ...................................................................................................10 23. Notices. .............................. ..........................................................................................12 24. Attome s'Fees.................................................................................................................12 25. Hazardous Substances......................................................................................................12 26. Warranties and Covenants of District..............................................................................13 27. Compliance with Laws. ...................................................................................................13 28. General Provisions...........................................................................................................13 i 1 I I THIS LEASE is made and entered into this-th day of , 2002 by and between the Midpeninsula Regional Open Space District, a California special district, ("District"), and Sprint Spectrum, L.P., a Delaware limited partnership, ("Lessee"). WHEREAS, District is the owner of certain real property, which includes an existing Pacific Gas and Electric Company, a California corporation ("PG&E") high voltage tower("Tower"), located in the County of San Mateo, State of California, and which is part of District's Pulgas Ridge Open Space Preserve ("Preserve"); and WHEREAS, Lessee has installed at the existing Tower location, a wireless communications site ("Site") and related equipment, transmission lines, equipment cabinets, cable runs and utility lines pursuant to the terms and conditions of a prior lease between the parties which began on September 11, 1997 and expired on September 10, 2002; and WHEREAS, Lessee is holding over possession of the Premises with the consent of District on a month to month basis; and WHEREAS, Lessee and District desire to enter into a new lease for the Premises as more specifically set forth herein. NOW THEREFORE, District and Lessee agree: 1. Premises. Subject to the terms and conditions herein, District leases to Lessee that certain portion of Preserve consisting of approximately eighty-two and seventeen one-hundredths (82.17) square feet adjacent to and below the Tower and including all necessary easements for coaxial cables, conduit and utilities and access thereto as generally shown, depicted or described in Exhibit A— Premises, attached hereto and incorporated herein by this reference ("Premises"). Lessee shall also have a non-exclusive easement for utilities serving the Premises ("Utility Easement"), as more specifically set forth in Paragraph 11 hereof and as generally shown or depicted in Exhibit A—Premises. Lessee shall have also a non-exclusive license for use of common area aisles between equipment cabinets of Lessee and of any other lessees of District. District shall not place or allow the placement of any equipment, improvements or structures on or around the Premises which materially prevents or impedes Lessee's access to its equipment or which does not preserve appropriate spacing and separation between equipment as may be required by any applicable law, rule, regulation or code. 2. Use. The Premises shall be used for the purposes of installing, replacing, removing, operating and maintaining equipment for the transmission and reception of electromagnetic and other I 2 communications signals for all lawful uses incidental thereto and for no other purpose without District's prior written consent. District agrees, to the extent allowed by law and at no expense to District, to cooperate with Lessee in making application to obtain any licenses, permits or other necessary approvals that may be required for Lessee's permitted use of the Premises. Lessee shall use the Premises in accord with all statutes, ordinances, riles, regulations, and other statements of lawful governmental authority having jurisdiction over the Premises and Lessee's use thereof, whether now in force or hereafter promulgated (collectively"Regulations"). Such Regulations include, but are not limited to, the"Regulations for Use of Midpeninsula Regional Open Space District Land", Ordinance No. 93-1 as amended, and Item No. 3 of the Midpeninsula Regional Open Space District Basic Policy, both of which are attached hereto as Exhibit B— District Regulations & Policies and which are incorporated herein by this reference. Lessee shall, at its own expense, abide by and comply with any and all such Regulations to the extent applicable to Lessee's use of the Premises. 3. Term. (a) The Term of this Lease shall commence on the date of full execution hereof by District ("Commencement Date") and shall expire five(5) years thereafter, unless sooner terminated in accordance with the provisions hereof, or unless extended by exercise of an option to extend the Term pursuant to Paragraph 22 hereof (b) Lessee acknowledges and agrees to the provisions of California Public Resources Code Section 5563 which provide, in part, that: "[w]hen land or property is temporarily unnecessary for park or open space purposes, it may be leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should the board by ordinance determine to use the lands for park, open space, or other District purposes, the lease shall thereby be terminated." Accordingly, notwithstanding anything to the contrary contained herein, District shall be entitled to terminate this Lease, at any time during the Term hereof, pursuant to the procedure set forth in the aforementioned Section 5563, provided only that District delivers to Lessee: (i)thirty(30) days prior written notice of any hearing or meeting to consider or adopt a resolution or ordinance affecting or terminating this Lease; and (ii) written notice of such termination at least twelve (12) months prior to the date on which such termination shall become effective. 4. Rent. a Upon the Commencement Date and annually thereafter, Lessee shall a District the ( ) p Y pay rental then in effect. The rent ("Rent") for the first year following the Commencement Date shall be the sum of Thirty- Thousand Dollars ($30, 000.00). The Rent shall be increased annually during the initial five-year Term as follows: Second year of the Lease $31,200.00 Third year of the Lease $32,448.00 Fourth year of the Lease $33,746.00 3 Fifth year of the Lease $35,095.00 (b) All Rent payable by Lessee under this Lease shall be payable without notice or demand, and without any deduction, offset or abatement, in lawful money of the United States of America, to District at the address shown in Paragraph 24, or to such other persons, or at such other places, as District may from time to time designate in writing. (c) If Lessee fails to pay any Rent within five(5) days following the date due for such payment, in each instance, such unpaid amounts shall be subject to a late payment charge equal to twelve percent (12%) of the unpaid amounts from the date of notice, provided pursuant to Paragraph 23 hereof, by District to Lessee. The late payment charge has been agreed upon by Lessee and District, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that will be suffered by District as a result of any such failure by Lessee, the actual cost thereof being extremely difficult, if not impossible, to determine. The late payment charge constitutes liquidated damages to compensate District for its damages resulting from such failure to pay and shall be paid to District together with such unpaid amounts. (d) Any Rent, if not paid within five(5) days following the date due for such payment, such unpaid amounts shall bear interest, until paid, at the lesser of 1.5%per month or the highest legally permissible rate then in effect. 5. Taxes. Lessee shall pay all possessory taxes leveled against the Premises and the Improvements during the Lease Term. Lessee shall pay such taxes at least ten (10) days prior to delinquency thereof and shall, upon written request, promptly deliver to District written receipts or other reasonable evidence of the payment thereof. 6. Improvements. (a) Lessee shall install, maintain and operate the Site improvements ("Permitted Improvements") in accordance with and as more particularly shown and described on the Plans attached as Exhibit C. Such plans may be altered if required of Lessee as a condition of approval of a lawfully required permit after prior written notice to District. (b) Title to the Improvements. District waives any lien rights it may have concerning the Improvements, which are agreed to be the personal property of Lessee and not affixed to the Premises as fixtures thereof. Lessee shall have the right to remove the same at any time without District's consent, subject to strict compliance by Lessee with all provisions hereof relating to Termination (Paragraph 19), Surrender of the Premises and Waiver of Relocation Rights (Paragraph 20) and such other matters herein as are expressly provided for as surviving termination. 4 7. PG&E Easement. Tower is on the Preserve pursuant to an easement for the benefit of PG&E ("PG&E Easement") recorded in Volume 2660 at Page 206 in the Official Records of the County of San Mateo, which provides, inter alia, for easements and rights of way to construct, reconstruct, install, maintain and operate electrical transmission lines, including steel structures and necessary or convenient fixtures, appurtenances, accessories and crossarms attached to such steel structures and the suspension of wires and cables for the transmission of electricity. 8. Access to Premises. Lessee shall have the sole responsibility for obtaining all necessary rights hts for use of the road to the Premises ("Access Road") beginning at the California Department of Transportation "Park and Ride" lot adjacent to Edgewood Road and Highway 280, as such are generally shown and depicted on Exhibit A. District shall have no obligation, under any circumstances, to repair or maintain said Access Road. If, and then only to the extent that, Access Road crosses District property, District grants Lessee a non-exclusive right to use such property for access to, from and on the Premises. 9. Maintenance and Repair. (a) Lessee acknowledges that it has inspected the Premises, and Lessee expressly accepts the Premises "as is" in the condition existing as of Lessee's execution hereof without representation or warranty of any kind and subject to all applicable laws, rules and ordinances, including without limitation, zoning ordinances and regulations governing the use, occupancy or possession of the Premises. Lessee represents and warrants to District that Lessee has conducted a reasonably diligent investigation, either independently or through agents of Lessee's choosing, of the condition of the Premises and the suitability of the Premises for Lessee's intended use and Lessee is relying solely on its independent investigation. (b) Lessee further represents and warrants that its intended use of the Premises is as described in Paragraph 2 hereof and agrees that neither District,nor any of its directors, employees or agents have made, and Lessee disclaims any, representations or warranties, express or implied, with respect to the physical, structural or environmental condition of the Premises, or the present or future suitability of the Premises, for the conduct of Lessee's business, or any other matter whatsoever relating to the Premises, including, without limitation, any implied warranties of merchantability or fitness of the Premises for a particular purpose. (c) Lessee shall, at Lessee's sole expense, maintain the Premises in good, safe and sanitary condition, order and repair, and shall keep the Premises free from trash and other debris. Lessee shall promptly make all repairs and replacements at Lessee's sole expense, at such times as are required for the safe and lawful operation of the Improvements in full compliance with this Lease, or when otherwise required hereunder, in such manner as is reasonably pre-approved by 5 District, by duly licensed and bonded contractors or mechanics. Lessee shall promptly remove from the Premises any vehicles, machinery, equipment or other items which Lessee no longer uses in the conduct of its business on the Premises. 10. Alterations. (a) Except for the Permitted Improvements, Lessee shall not make or permit to be made any substantial alterations, additions or improvements("Alteration") to, or of, the Premises, or any part thereof, without the prior written consent of District. (b) Except for the Permitted Improvements and District shall be entitled to review and accept or reject the design of any Alteration which Lessee may desire to make to the Premises. Prior to commencing construction or installation of any Alteration the design of which District determines is acceptable, Lessee shall deliver to District detailed plans and specifications for such construction or installation and obtain District's consent thereto. (c) Any consent given by District pursuant to this Paragraph 10 shall not constitute implied consent to any subsequent Alteration upon or to the Premises, except for the permitted Alteration, and shall apply only to those items or matters for which consent of District was expressly requested. (d) Lessee shall notify District at least ten (10) days in advance of any construction on the Premises, and District shall be entitled to post on the Premises notices of non-responsibility in favor of District prior to commencement of any such construction. (e) Notwithstanding subsection (a) and (b) above, Lessee shall have the right to make Alteration to, or of, the Permitted Improvements without securing District's prior approval provided that such Alteration either substantially conforms to, or is smaller than, the physical specifications (i.e. height, width, depth and size of Permitted Improvements previously approved g d P P p Y pP b District and which do not extend beyond the bound Y � of the Premises. Y �'Y 11. Utilities. Lessee shall be solely responsible for all utilities, and any charges therefore, furnished to the Premises for the construction, installation, use, operation or maintenance of Permitted Improvements. Lessee shall have the right to install, maintain, repair and upgrade utilities, at Lessee's sole expense within the leased premises and within the appurtenant Utility Easement area. 12. Interference with Communications and Indemnification of Interference Claims. (a) Lessee's facilities shall not disturb the communications configurations, equipment and frequency which exist on District Land on the Commencement Date, and Lessee's facilities 6 I shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). Lessee shall not permit the modification or improvements of existing, or installation of any new, equipment on the Property which results in technical interference with existing equipment and improvements, or any such facilities which currently exist. Lessee agrees to indemnify District, hold District harmless and defend District from and against any and all claims, demands, or actions arising from claims of other lessees of District which exist and are in operation on the Commencement Date, of frequency interference caused by Lessee, provided said other lessees are operating within their assigned frequencies and in accordance with FCC Rules and Regulations and further provided Lessee is not operating within its licensed and assigned frequencies and in accordance with FCC Rules and Regulations. The parties acknowledge that the FCC has exclusive jurisdiction over disputes regarding frequency interference. (b) District shall not permit the modification or improvements of existing, or installation of any new, equipment on the Property, which results in technical interference with Lessee's then existing communications equipment and Improvements. In any future lease, license or other grant of permission to use District's Land, District shall require said user to expressly agree for the benefit of Lessee, to not install or operate any equipment which would cause technical interference to Lessee's then existing communications facilities located on the Premises. 13. Liens. Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. 14. Waiver of Claims and Indemnification. Lessee waives all claims against District for loss of business r g ss o for damage to property, including the Improvements and any Alterations thereto and any equipment or machinery therein, or injury or death to persons occurring in, on, or about the Premises, or the Access Road, from any cause arising at any time, except as may be caused by the negligence or willful misconduct of District. Lessee, on behalf of itself and its agents and employees, hereby indemnifies District and holds District exempt and harmless from and against any lawsuit, action, or claim of any kind, for any damage to property or injury or death to persons arising from the use by Lessee or its agents and employees of the Premises or the Access Road, or from the failure of Lessee to keep the Premises, or the Access Road in good and safe condition as herein provided. District shall not be liable to Lessee or its agents and employees for any damage, injury, or death arising out of the act or negligence of any owner, occupant, or user of any property adjacent to or in the vicinity of the Premises and not owned by District. Lessee shall pay for all damage to the Premises and surrounding areas caused by Lessee's employees, invitees, licensees, agents, and contractors. 15. Condemnation. If a condemning authority takes all of District's Land, or a portion, which in Lessee's opinion is 7 sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain shall be treated as a taking by a condemning authority. 16. Insurance. (a) Lessee shall maintain at all times during the Term of this Agreement the following insurance: (i) Commercial General Liability with limits of at least Two Million and 00/100 Dollars ($2,000,000.00) per occurrence, and excess liability coverage in the form of an umbrella policy of not less than Five Million and 00/100 Dollars (35,000,000.00); (ii) Automobile Liability with a combined single limit of$1,000,000.00 per accident; (iii) Workers Compensation as required by law; and (iv) Employer's Liability with limits of$1,000,000.00 per occurrence. (b) Lessee shall name District as an additional insured with respect to the Commercial General Liability and Automobile Liability insurance policies. (c) All required insurance policies must be taken out with insurers admitted in California. Lessee will deliver certificates of insurance to District upon request. All policies must contain an undertaking by the insurers to notify District in writing not less than thirty(30) days before any material change, reduction in coverage, cancellation, or termination of the insurance. The limits of such insurance shall in no event be deemed to limit the liability of Lessee hereunder. (d) District shall have no obligation to insure against loss to or of Lessee's Improvements, fixtures, machinery, equipment, or other personal property in or about the Premises except where such loss is attributable to District's negligence or willful misconduct, and Lessee shall have no interest in the proceeds of any insurance carried by District except where such loss is attributable to District's negligence or willful misconduct. 17. Assignment and Subleasing. (a) Lessee may not assign, sublet or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of District. Lessee acknowledges that District may review the terms of any proposed assignment as well as the financial, technical and managerial capacity of any proposed assignee to assume the obligations of this Lease. 8 Lessee agrees to pay to District the sum of$2,500.00 upon approval of any such assignment by District to compensate District for its review and transaction costs. District and Lessee agree that this sum represents a fair and ea 'ep reasonable estimate of District's review and transaction costs related to any proposed assignment and Lessee hereby waives any further accounting of such costs. Notwithstanding anything herein to the contrary, approval shall not be unreasonably withheld or delayed. (b) District may assign this Agreement upon written notice to Lessee, subject to such assignee assuming all of District's obligations hereunder. (c) Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage,pledge, hypothecate or otherwise transfer without consent, its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof; (ii) has obligations evidenced by bonds, debentures, notes or similar instruments; or(iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. (d) Notwithstanding anything to the contra ry contained in this Agreement, Lessee may, without notice to or consent of District, sublease the Premises, or assign it rights and obligations under this Agreement, in whole or in part, to (i) any entity controlling, controlled by, or under common control of Lessee; (ii) any entity acquiring substantially all of the assets of Lessee; or (ill) any entity authorized by Lessee to sell telecommunications products or services under the "Sprint PCS"brand name or any successor brand name(s) of such product and service lines. 18. Entry by District. District may, at any and all reasonable times upon 24 hours written notice to Lessee, enter onto the Premises to inspect the same, to exhibit the Premises to prospective purchasers or Lessees, or to post notices of non-responsibility, all without abatement of rent payable by Lessee hereunder. Lessee hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. Notwithstanding the foregoing, District shall not access, disturb or open any of Lessee's equipment or Improvements located on the Premises, except in the case of an emergency situation which poses a substantial immediate threat of injury to persons or damage to Property, District shall give Lessee as much prior notice as is reasonably possible under the circumstances prior to any such emergency access. 19. Tennination. This Lease may be terminated without further liabilityon thirty 30 da s' rior written notice as Y( ) Y P follows: (i)by either party upon default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty(60) days of receipt of written notice of such default, or, in the event of a default that requires in excess of sixty(60) days to complete the cure, 9 if the curing party has not commenced such cure within sixty(60) days of such notice or has not diligently prosecuted said cure to completion within 180 days of receipt of written notice of default; (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice to termination to District prior to the Commencement Date; (iii) by Lessee if it does not obtain or maintain, licenses, permits or other approvals necessary to the construction or operation of Lessee's Facilities; (iv) by Lessee if Lessee is unable to occupy or utilize the Premises due to a ruling or directive of the FCC or other governmental or regulatory agency, including but not limited to, a take back of channels or change in frequencies; (v)by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength or interference; or(vi) in any other manner permitted under this Lease, all subject however to Lessee's obligations for surrender of the Premises pursuant to Paragraph 20. 20. Surrender; Waiver of Relocation Rights. Upon expiration or sooner termination of the Term of this Lease, Lessee shall vacate the Premises and remove all persons and personal property therefrom, and shall surrender possession of the Premises to District with the condition of the Premises as it existed at the commencement of the Term of this Lease, subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Lessee. Lessee hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Lessee and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et sea., and any similar or successor statutes. Lessee shall hold District harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. By signing below, Lessee specifically recognizes and accepts the terms of this Paragraph 20 of the Lease, the provisions of which shall survive any such termination. THIS IS A WAIVER OF RELOCATION BENEFITS. j Dated: For Lessee by: 21. Waiver. The waiver by either party of a'oreach of any term, covenant, or condition herein contained by the other party shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by District shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rent so accepted. 22. Option to Extend Term. (a) District hereby grants to Lessee an Option to extend the Term of this Lease for an 10 additional period of five(5) years upon expiration of the initial five-year term of this Lease, and three(3)Additional Options each to extend the Term of this Lease for one additional period of five (5)years each upon expiration of the immediately preceding five (5) year period, so that the maximum Term of this Lease, including the initial five years of this Lease, shall be a total of twenty-five (25) years (collectively or individually, "Extended Option Term"). Each of such four (4) Options shall be exercised by Lessee, if at all, by Lessee's delivery of written notice of exercise of such Option to District at least ninety(90) days,but not more than two hundred- seventy(270) days, prior to expiration of the Lease Term (as extended, if at all, from time to time). Notwithstanding the foregoing, if Lessee is in material default hereunder on the date of delivery of any notice required to be given in order to exercise an Option, said notice shall be of no force or effect, or if Lessee is in material default on the date the extended Term referred to in any such notice is to commence, such Extended Option Term shall not commence and this Lease shall expire at the end of the Term during which such notice is given. Lessee shall not be entitled to exercise any Option to extend following the first Option to extend unless each and until all of the preceding Options to extend have been properly exercised in accordance with the provisions of this Paragraph 22. In the event the Term of this Lease shall for any reason expire or terminate, all Options to extend which have not been exercised shall be deemed to terminate upon such expiration or sooner termination,and shall thereafter be of no further force or effect. After Lessee's exercise of any one or more of said Options to extend, all references in this Lease to the Term shall be considered to mean the Term as extended, and all references to expiration or termination of the Term of this Lease shall be considered to mean the expiration or termination of the Term as extended. For purposes of this Paragraph 22 a material default shall mean a default that has not been cured within the cure periods provided for in Paragraph 19, above. Upon exercise by Lessee of any of the four Options to extend the Lease Term for a period of five (5) years granted pursuant to Paragraph 22(a) above,the parties shall have sixty(60) days after the District receives the notice exercising said Option during which to agree upon the amount of Initial Year Rent to be payable upon the commencement of the Extended Option Term referred to in said notice. If the parties agree upon the amount of the Initial Year Rent for the first year of said Extended Option Term, they shall immediately thereafter execute an amendment to this Lease stating the amount thereof. If the parties are unable for any reason to agree upon the amount of such Initial Year Rent within said sixty(60) day period, the Initial Year Rent shall be determined b arbitration utiliz ing zm the following procedure: Lessee shall select an Arbitrator and g gP shall communicate the name of the same to the Lessee; District shall have ten days from such notification to select an Arbitrator and communicate the name of the same to the Lessee; thereafter, the two arbitrators so selected shall select a third Arbitrator. All arbitration shall be completed prior to the expiration date of the Term hereof. The decision of the majority of the Arbitrators shall be binding on both parties. The costs of arbitration shall be borne equally by the parties and such arbitration shall be conducted in accordance with the Rules of the American Arbitration Association. 11 23. Notices. All notices, statements, demands, requests, approvals, or consents (collectively notices ) given hereunder by either party to the other shall be made in writing and shall be served personally or by first class mail, certified or return receipt requested,postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: General Manager Lessee: National Lease Management Group 6391 Sprint Parkway Mailstop KSOPHT0101-Z2650 Overland Park, KA 66251-2650 with a copy to: Sprint Law Department 6391 Sprint Parkway Mailstop KSOPHT0101-Z2020 Overland Park, KA 66251-2020 Attn: Sprint PCS Real Estate Attorney or to such other address as either party may have furnished to the other as a place for the service of notice. Any notice so served by mail shall be deemed to have been delivered three (3) days after the date posted. 24. Attorne sue. If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of, or to enforce or interpret any of the provisions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs, the amount of which shall be fixed by the court and shall be made-a part of any judgment rendered. 25. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on,under, about or within the Property in violation of an law or regulation. As used in this P Y Y g Paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any, substance known by the state in which the Property is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This Paragraph shall survive the termination of this Lease. 12 i i 26. Warranties and Covenants of District. District warrants and covenants to Lessee that District is the owner and/or has legal right to possession of District Land and the Premises and the power and the right to enter into this Lease, and that Lessee, upon the faithful performance of the terms, conditions and obligations of Lessee contained in this Lease, shall peaceable and quietly hold and enjoy the Premises upon the terms, covenants and conditions set forth in this Lease throughout the term of this Lease and any extensions thereof. i 27. Compliance with Laws. This Lease and Lessee's obligations hereunder are expressly conditioned upon and subject to Lessee obtaining, and keeping in full force and effect during the Term hereof, all applicable permits, including but not limited to "use" and "building"permits, from all appropriate government agencies to build and operate the Permitted Improvements as such are provided for in Paragraph 6 hereof. 28. General Provisions. (a) This Lease contains all of the terms, covenants, and conditions agreed to by District and Lessee, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by all parties to this Lease or their respective successors in interest. (b) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, successors, executors, administrators, sublessees, and assigns of the parties. (c) When the context of this Lease requires, a reference to the male gender includes the female gender, a corporation, or a partnership, and a reference in the singular include the plural (d) The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. (e) This Lease shall be governed and construed in accordance with the laws of the State of California. (f) Time is of the essence as to all of the provisions of this Lease as to which time of performance is a factor. (g) If requested by either party, District and Lessee shall execute a memorandum of this Lease in a form suitable for recordation in the Office of Recorder for the County of San Mateo I and the party requesting such memorandum shall thereafter promptly record it. 13 DISTRICT LESSEE MIDPENINSULA REGIONAL OPEN SPRD;T SPECTRUM, L.P., a Delaware SPACE DISTRICT, a California limited partnership special district Approved as to Form: By: Regional Director— ite Development Susan Schectman, General Counsel Date: Recommended for Approval: L. Craig Britton General Manager Approved and Accepted: President, Board of Directors Date: Attest: Sally Thiefoldt, District Clerk Date: 14 Exhibits Exhibit A - (1) General Location Map (2) Specific Location Map (3) Legal Description of Lease Area (4) Plat Map of Lease Premises Exhibit B -District Regulations Exhibit C -Permitted Improvements 15 i EXHIBIT A (1) —LEASE PREMISES GENERAL LOCATION MAP .may Ty' y � �,fy •• y3 �f �� Ply • 4N ' �•1.0 (ntoiy Please stay on trails. lands adjacent to road are ♦ not open to the public. zT r 10.3 ,. �,•• r` `♦�f•� •'i.�d. ;yam ' `,...' r 01 Hassler Hassler Trail Water Tank Loop Trail ♦ T ' 1X. r 's• Ot'1'-teas�r'Doa Areal� , � •:0:4: ,.� / � f �! r �• a 17 `mil:r !r/© j N•. \0.4 Re 4'r' 600 o.i♦�`r _ �'jJ Blue Center;_♦. i r " �.. Oak •(Pn }•. .r Trail :+ • 4 6��t.:�# ,\ Cordilleras ,� a • e 'er Center fl > pp o.a 4-t 6 } r� a 280 0.6 Zx SITE34 LOCATION r = jJ (•-� r � •� EDCEWOOD COUNTY PARK R,� ` � f + .• '•< w�' i ' • .�• 0.3 (San Alateo Count ) O.a s EXHIBIT A (2)- LEASE PREMISES SPECIFIC LOCATION MAP MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE �••'•�� DISTRICT LAND , EXISTING PG&E TOWER IL f • • ACCESS ROAD `+ CALTRANS •� `. PARK & RIDE w � SCALE; 1 " = 120' EXHIBIT A (31—LEASE PREMISES LEASE AREA LEGAL DESCRIPTION That certain fifteen foot (15') by eighteen foot (18') parcel situated entirely within that certain 284.02 acre, more or less, parcel of land, owned by the Midpeninsula Regional Open Space District and commonly known as San Mateo County Assessors Parcel Number 050-470-080, located in the northeasterly quadrant of the intersection of Edgewood Road and California Interstate Highway 280, in an unincorporated area of the County of San Mateo, State of California and being more particularly described as follows: Commencing at the most southerly point of said 284.02 acre parcel of land, from which a found monument at a fence comer bears, S 20* 02'07"E, 193.33 feet; thence along the property line N 200 02'07"W, 185.12 feet to an angle point in the property line of said 286.6 acre parcel; thence continuing along said property line S 86'07'18"W, 145.49 feet; thence leaving said property line at a right angle, N 03' 52'42" W, 11.07 feet to the most southerly comer of, and the Point of Beginning for, the Lease Parcel herein described; thence following along the exterior boundary thereof in clockwise direction the following four courses: 1) N 350 06' 04"W, 18.00 feet, 2) N 54- 53' 56"E, 15.00 feet, 3) S 35-06' 04" E, 18.00 feet, and 4) S 54- 53' 56" W, 15.00 feet to the Point of Beginning and containing 270 square feet, more or less. EXHIBIT A (4)- LEASE PREMISES LEASE AREA PLAT MAP /� I � GATE LOCAT'Oh / � C v h� �r CABLE COVER EX1STNC, z I I (,'� ! I ! j APOLLC -_ABi`aETS Li w II l I I ti���rl C.x{ST1N �a� SQ.LF T. LE C _ }j 4f L - --- � CABINET DETAIL SCALE. 1 j4"=1' C ELLU LARy,%r SCALE: 1;+ _�_' ,.✓ �..,�ti . ,,._ u,�. rhy. SITE CC44 'r ;'r'r 25J%_CGE'PJCOf" S^__T OF 1 T ATPONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS Adopted by Ordinance No. 93-1, July 28, 1993 Revised and Adopted by Ordinance No. 96-1, February 28, 1996 CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District.Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District" means the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or "permission" means permission, granted in writing by the general manager or an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. Exhibit 11 Page 1 CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the STATE OF CALIFORNIA, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and official shall abide by the laws of the STATE OF CALIFORNIA and all applicable county, and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the STATE OF CALIFORNIA and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER 111. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the STATE OF CALIFORNIA, and apply to all District Lands. A title, where used, does not limit the language of a section. SECTION 301. VIOLATIONS OF ORDINANCE, A MISDEMEANOR OR INFRACTION. Any Exhibit 11 Page 2 violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources Code, Section 5560.) SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: 1) accompanied by a parent or guardian; 2) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; 3) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of 18 years. Exhibit II Page 3 SECTION 401. SWIMMING. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any water areas of the District except in designated areas. 401.2 Definition. Water-contact activity is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS TRAPS WEAPONS. AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exceptions. This section shall not apply to: 1) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; 2) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; 3 the possession and use ranted b permit for resource management or educational P g YP g purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be Exhibit II Page 4 limited to any campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Pass=. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 ,Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. Page 5 Exhibit II SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar even t on District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or event on District Lands without written permission when the activity or event: 4) is advertised or noticed in any publication, poster, or flyer; or 5) requests or requires a fee be paid for participation; or 6) may be attended by twenty (20) or more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on over, or into District Lands except b written permit in designated areas. ex e g g Y P P I 409.6 Skating. No person shall roller skate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410 ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. Page 6 Exhibit II 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area that has been declared by the general manager or an authorized representative to be a prohibited area. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. RIDING / HIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. Exhibit II Page 7 501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on designated trails and roadways. 502.2 Unsafe O erp ation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person eighteen years or older shall operate a bicycle upon District Lands unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard). 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile al ong all exterior boundaries and at all roads and trails entering such lands, without the written permission of the owner of such land, his or her agent, or of the person in lawful possession, and no person shall: Exhibit 11 Page 8 7) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the per on in lawful possession thereof; 8) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or hunting on such lands; or 9) remove, injure, unlock, or tamper with any lock or any gate on or leading into such lands; or 10) discharge any firearm. CHAPTER VI. PRESERVE USES - COMMERCIALIREVENUE SECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. Exhibit II Page 9 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: 1) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; 2) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet, or on a self-retracting leash with a maximum extended length of 25 feet. The self-retracting leash must have the capability of being retracted and locked in a position not to exceed 6 feet. Within a designated area, no person shall have or allow a dog on a lead greater than 6 feet when: a. Within 100 feet of any parking area, trailhead, picnic area, campground, horse stable, public roadway, restroom, visitor center, ranger station, or other place or structure of public assembly; b. Within 50 feet of any person this is not the person or persons who entered District lands with the dog; or g I c. Within 50 feet of any body of water, including but not limited to, any reservoir, pond, lake, creek, stream, bay, tidal area or flood control channel. 701.3 Nuisance Dous. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, Exhibit II Page 10 animals, or property. 701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife. whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. I 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations. 701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. 701.9 Dogs shall be permitted off leash only in areas specifically designated and signed by the District as off-leash areas. No person shall allow or have a dog in an off-leash area unless the dog is at all times under the verbal or radio collar control, and in sight of its owner or keeper. The owner or keeper of the dog shall have a leash in his or her possession at all times. SECTION 702. NATURAL AND CULTURAL RESOURCES. 702.1 ant . No person shall damage, injure, take, place, plant, collect, or remove any plant, tree, or portion thereof, whether living or dead, including, but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. Exhibit II Page I I i 702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. i to remove,7 2. Special P e ' m e rantedtreat,0 � Permission. Special permission (Section 105) may b geat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. CHAPTER VIII. DISTRICT LANDS OPERATIONS - GENERAL j i SECTION 800. LITTERING. i 800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands, It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 D "nitic n. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. Page 12 Exhibit II SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: 1) In areas where prohibited by "NO PARKING" signs; 2) On any fire trail; 3) On any equestrian or hiking trail 4) In such a place or manner as would block or obstruct any gate, entrance, or exit; 5) In such a place or manner as to take up more than one marked parking space in any authorized parking area; 6) In such a place or manner as to block or obstruct the free flow of traffic; 7) Within 15 feet of a fire hydrant; 8) Adjacent to any curb painted red; 9) On any district Lands after sundown except pursuant to a written permit; 10) In areas signed for permit parking on District Lands without a written permit; 11) In any other place on District Lands not designated by the District as an authorized areas. SECTION 802. OPERATION OF MOTOR VEHICLES• OFF-ROAD VEHICLES 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt-bikes," and similar vehicles. 802.2 Exceotioris. This section shall not apply to: 1) emergency vehicles operated within the scope of official use; trails, or paths, which may from time to time b e set aside and posted b the roads t 2 Y P � Y P District for the use of specifically designated vehicles; 3) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid Page 13 Exhibit II i permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager ro an authorized agent. 805.2 After Hours Use. No person shall enter or remain on District Land "after hours" without a written permit issued by the District. The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. 805.3 No person shall possess or operate a bicycle or similar device on District lands after hours. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. Exhibit II Page 14 EXHIBIT C PERMITTED IMPROVEMENTS One (1) Fl Cabinet One (1) F2 Cabinet One (1) power cabinet One (1) battery cabinet One (1) PPC (peripheral power cabinet) One (1) telco cabinet One (1) future growth cabinet (to be added at a later date) 21 Regional Open S` ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-03 Meeting 03-01 January 8, 2003 AGENDA ITEM 4 AGENDA ITEM Appointment of Administration and Budget Committee for 2003 ACTING GENERAL MANAGER'S RECOMMENDATION The new President of the Board should appoint the Administra(ion and Budget Committee members for the 2003 calendar year with your consent. DISCUSSION Section 1.81 of your Rules of Procedure states that appointments to the Administration and Budget Committee shall normally be made at the first regular meeting in January and that the Board Treasurer shall be one of the three members of the Committee. The appointment of the Administration and Budget Committee is placed near the end of the agenda in order to allow the newly elected Board President some time to contemplate the filling of the two open Administration and Budget Committee seats; the 2003 Treasurer will have been selected by the Board earlier in the evening. Prepared by: Sally Thielfoldt, District Clerk Contact person: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosdC@openspace.org • Web site: www.openspace.org ftg� O '- 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 S, ce s R-03-04 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-01 January 8, 2003 AGENDA ITEM 5 AGENDA ITEM Approval of Legislative Consulting Services Agreement for 2003 with Public Policy Advocates ACTING GENERAL MANAGER'S RECOMMENDATIONle-41 Authorize the General Manager to execute the attached Consulting Services Agreement with Public Policy Advocates for legislative consulting services in Sacramento. DISCUSSION In January of each year, the Board considers approval of a legislative consulting agreement for legislative services in Sacramento which benefit the District. For 16 years, these services have been provided at a modest cost by Ralph Heim of the firm Heim, Noack, Kelly& Spahnn. Ralph Heim's firm has now merged with an established and respected legislative services firm, Public Policy Advocates. The General Manager recommends that, due to the high quality of Ralph Heim's services and outstanding track record, the District contract with Public Policy Advocates. The attached Consulting Services Agreement with Public Policy Advocates is for a one-year term for legislative consulting services in Sacramento. The terms and conditions of the proposed agreement remain generally unchanged from the previous agreement with Heim, Noack, Kelly& Spahnn. The consulting fee of$1,100 per month, plus a monthly expense allowance of$55, has not increased since 1989. The contracted services are to commence January 1, 2003 and continue through December 31, 2003. Ralph Heim will continue to represent the District and will provide excellent service at a very modest cost, especially considering the returns to the District. He has worked very effectively on the District's behalf and has done an outstanding job of protecting the District's legislative interests. We look forward to working with Mr. Heim to represent the District's interests in Sacramento this year. Prepared by: L. Craig Britton, General Manager Susan M. Schectman, General Counsel 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 -RE Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C.Nitz • Genera!Manager:L.Craig Britton CONSULTING SERVICES AGREEMENT THIS AGREEMENT, entered into this I'day of January 2003, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "District," and PUBLIC POLICY ADVOCATES,LLC, hereinafter called"Legislative Consultant," or "Consultant." The parties hereto do mutually agree as follows: 1. ENGAGEMEN OF CONSULTANT The District hereby agrees to engage Consultant, and Consultant agrees to perform the services hereinafter set forth in this Agreement. 2. SCOPE OF SERVICES Consultant shall do, perform, and carry out in a satisfactory and proper manner, as determined by district, the following services: a. Become familiar with District's Legislative Program for 2003 and its special legislative concerns. b. Advocate legislation and amendments to legislation to Sacramento legislators and administrators and their staffs which will enhance District's funding or result in other legislation favorable to District, with an emphasis on District's Legislative Program for 2003 and related matters, and other legislative or State administrative matters as may be assigned from time to time. C. Monitor and advise of status of pending legislation which may affect District. d. Evaluate and advise District as to the political climate in Sacramento,the best channels for influencing legislation affecting District, desirable kinds of legislation in light of District's problems, purposes and goals, and the best strategies for achieving legislation favorable to District. e. Maintain and improve liaison between District and members of the Legislature and the State Administration. f, Attend legislative hearings and other legislative meetings on behalf of District when a District representative is unable to be there or as otherwise appropriate. 9- When beneficial to District, coordinate District efforts with advocates of other regional park or open space districts, special district associations, park and recreation associations, and other appropriate organizations. 3. RESPONSIBILITIES OF DISTRICT District shall cooperate with and furnish necessary data to Consultant in every reasonable way to assist Consultant in carrying out its services under this Contract. Consultant's principal contact with District shall be District's General Manager or designee. Consulting Services Agreement Public Policy Advocates, LLC 4. PERSONNEL Consultant represents that it has, or will secure at its own expense, all personnel required in performing the service under this Contract. Such personnel not be employees of or have any contractual relationship with District. 5. TIME OF PERFORMANCE The services of Consultant are to commence January 1, 2003 and continue through December 31, 2003. 6. COMPENSATION The District agrees to pay the Consultant at a fixed monthly rate of$1,100.00 plus a monthly expense allowance of$55.00. The expense allowance shall cover costs of telephone, postage, photocopying, bill service and other out-of-pocket expenses. If cumulative expenses have significantly exceeded cumulative expense allowances and it appears this situation will continue, consultant may request an increase in the allowance that shall be considered by the General Manager. Compensation for travel expenses, such as those to the District, which may cause the cumulative expense allowance to be exceeded, must be authorized in advance by the General Manager. Said payments shall be prorated for any fractional month at the beginning and end of the contract period. Such compensation shall constitute the total amount payable by District under this agreement and shall include all costs and expenses of Consultant. Consultant shall bill District at the end of each calendar month, and the District shall remit within 30 days of said billings. 7. TERMINATION District shall have the right to terminate this agreement by five (5) days written notice at any time, with or without cause. Consultant shall be entitled to compensation for all services rendered up to the date of termination. Consultant also shall have the right to terminate this agreement by fifteen(15) days written notice at any time, with or without cause. 8. NONDISCRIMINATION The Consultant shall comply with all applicable non-discrimination laws and shall not willfully discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, ancestry, national origin, physical or mental disability, marital status, or medical condition. Consultant shall take affirmative action to ensure that applicants are employed without regard to any such status. Such action shall include, but not be limited to,the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Page 2 \\SERVER\AI)MWdAgisWve L.obbyisACGNSULTING SERVICES AGREEMENT.doc Consulting Services Agreement Public Policy Advocates, LLC 9. ASSIGNABILITY The Consultant shall not assign any interest in this agreement, and shall not transfer any interest in the same, or any payments to be received hereunder, without the prior written consent of District. 10. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required to be performed under this agreement. Consultant shall from time to time advise General Manager of the District as to the names of other persons and/or organizations that Consultant represents in legislative matters. 11. FINDINGS Any reports, information, data, etc. given to or prepared or assembled by Consultant under this agreement which District requests to be kept as confidential, shall not be made available to any individual or organization by Consultant without the prior written approval of District. 12. USE OF FUNDS Consultant shall not expend any of the funds received as compensation hereunder in support of or in opposition to any candidate for any political office or in support of or in opposition to any ballot measure. Compensation is limited to the cost of services actually rendered and expenses, and specifically does not include political contributions of any type whatsoever. IN WITNESS WHEREOF, District and Contractor have executed this Agreement as of the date first written above. MIDPEN]NSULA REGIONAL PUBLIC POLICY ADVOCATES OPEN SPACE DISTRICT By: By: L. Craig Britton, General Manager Name/Title: Date: Date: Page 3 \\SERVER\ADMINTegislative Lobbyist\CONSULTING SERVICES AGREEMENT.doe Claims No. 03-01 Meeting 03-01 Date 01/08/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 4960 $3,142.80 2M Associates Coastal Annexation Consultant Study 4961 $50.60 Accent&Artech Lamination Supplies 4962 $1,380.51 Ace Fire Equipment&SVC CO. Fire Extinguisher Servicing 4963 $808.26 Acme&Sons Sanitation Sanitation Services 4964 $354.42 ADT Security Services Burglar Alarm Service 4965 $89.35 Allen Equipment Company,Inc. Repair-Drill 4966 $295.84 Allied Auto Works Vehicle Service and Repairs 4967 $20.00 American Red Cross CPR Training Supplies 4968 $379.67 AT&T Wireless Cellular Phone Service 4969 $1,439.45 Big Creek Lumber Lumber-Foothill Field Office 4970 $722.06 *1 Boston Market Staff Holiday Lunch 4971 $51.43 Business&Legal Reports Inc. Employee Booklets 4972 $62.94 Cabela's Promotions,Inc. Uniform Expense 4973 $9.68 Cal-Line Equipment,Inc. Vehicle Repair 4974 $72.30 California Chamber of Commerce 2003 Employee Posters 4975 $118.18 California Water Service Company Water Service 4976 $85.00 Camino Medical Group Medical Services 4977 $338.88 Carsonite International Roadmarker/Signs 4978 $1,284.40 Central Coast Bat Research Bat Survey-Red Barn 4979 $3,575.75 Cotton,Shires&Assoc.,Inc. Slope Stability Study-Hanson Quarry 4980 $305.00 Crook,Lauren Tuition Reimb.-High Performance Recruiting 4981 $50.57 CSK Auto Vehicle Supplies 4982 $960.72 Design Concepts Visitor Maps 4983 $92.10 *2 Dittmer's Gourmet Local Business Meeting 4984 $45.01 Dyna-Med/Galls Incorporated First Aid Supplies 4985 $225.28 Escobar,John Reimbursement-Mileage 4986 $436.55 Expanets Telephone System Maint.&Lease 4987 $2,810.80 Falcon Fuels Fuel 4988 $149.63 Federal Express Express Mailing 4989 $95.48 Fischer,Tom Reimbursement-Mileage 4990 $58.87 Fitzsimons,Renee Reim-Nature Center Supplies 4991 $1,560.00 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 4992 $76.67 G&K Service Shop Towel Service 4993 $2,987.50 Gary Ifland&Associates,Inc. Survey of Chy Property 4994 $10,546.89 Gilpin Geosciences 9 Inc. Consulting Services-ECDMC&Purisma Creek 4995 $276.20 Goodco Press Inc. Business Cards 4996 $31.41 Grainger,Inc. Field Supplies 4997 $206.17 Green Waste Recovery,Inc. Garbage Service 4998 $23.80 Honda Peninsula Field Supplies 4999 $1,942.92 Indoff Incorporated Ergonomic Equipment&Furniture 5000 $4,013.23 Jakaby Engineering Consulting Services-Virginia Mill Trail-ECDMC 5001 $12,626.35 Kevin Emery Builder Sherrill House Rental Repair 5002 $319.38 Kinko's Printing Services 5003 $2,400.00 *3 L.S.S.&Associates Law Enforcement Training-R.Carlson Page 1 of 4 Claims No. 03-01 Meeting 03-01 Date 01/08/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5004 $866.00 Lasher Auto Center Vehicle Seat 5005 $225.00 Liebert Cassidy Whitmore Legal Services 5006 $144.95 Life Assist First Aid Supplies 5007 $161.95 Livestock Supply Company Field Supply 5008 $270.00 Macias,Gini&Company Auditor Services 5009 $124.10 MCI Long Distance Telephone Service 5010 $146.37 McKowan,Paul Reimbursement-Mileage 5011 $118.57 MegaPath Networks Internet Connection-DSL Line SFO 5012 $526.95 MetroMobile Communications Radio Repairs&Maintenance 5013 $76.73 Minton's Lumber&Supply Field Supplies 5014 $57.56 Noble Tractor,Inc. Tractor Supplies 5015 $5,913.50 North American Title Company Title&Escrow for Chy Property 5016 $762.61 Northern Energy,Inc. Propane Service 5017 $156.75 Pacific Bell Telephone Service 5018 $28.32 Panko Architects Architectural Service-FRO Shop Facility 5019 $138.50 Paterson,Loro Reimbursement-Uniform Expense 5020 $36.92 Peninsula Digital Imaging Document Copies 5021 $33.18 PhotoTime Slides 5022 $184.73 Pine Cone Lumber Lumber 5023 $359.26 PIP Printing Volunteer Newsletters 5024 $16.17 Rancho Cobbler&Cleaners Boot Repair 5025 $1,151.81 Ray L.Hellwig Services,Co.,Inc. HVAC Repair-Admin.Office&Tenant Space 5026 $405.63 Redwood General Tire Co.,Inc. Tire Repair&Tires 5027 $1,930.94 Roy's Repair Service Vehicle Repairs&Service 5028 $480.00 S.P.McClanahan Co,Inc. Redwood Tree Removal 5029 $20.27 Salveter,Steve Reimbursement-Film&Processing 5030 $40.58 San Jose Mercury News Subscription 5031 $51.93 San Mateo County Times Subscription 5032 $197.83 Sandra Large Coastal Annexation Presentation-Mileage 5033 $3,595.00 Santa Cruz Title Company Title&Escrow for Lomo Prieta/POST Acquisition 5034 $752.00 *4 Santa Rosa Junior College New Recruitment Academy Training 5035 $235.78 Second Cup Cafe Local Business Meeting 5036 $2,153.50 Seaver,Richard DBA Rural Pig Mgmnt Pig Control Services 5037 $719.13 Shell Oil Fuel Builders Inc. Roof Repair-McDonald Ranch Barn 5038 $4,422.00 Skyline p 5039 $87.77 Specialty Truck Parts,Inc. Vehicle Parts 5040 $287.35 Stevens Creek Dodge Vehicle Supplies 5041 $1,900.00 Strong Associates Consulting Services-EIR 5042 $255.47 Summit Uniforms Uniform Expense 5043 $331 A4 Tadco Supply Janitorial Supplies 5044 $50.00 Thielfoldt,Sally Reimbursement-Professional Dues 5045 $889.35 Tires on the Go Vehicle Tires 5046 $187.18 Tony&Albas Pizza Local Business Meeting Expense 5047 $100.00 Tramiel,Leonard Docent Training Page 2 of 4 Claims No. 03-01 Meeting 03-01 Date 01/08/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5048 $108.99 Turf&Industrial Equipment Co. Vehicle Supplies 5049 $8.70 United Parcel Service Parcel Shipping 5050 $893.92 Unlimited Graphics&Sign Network Vehicle Decals 5051 $51.28 Verizon Pager Service 5052 $302.38 West Coast Aggregates,Inc. Base Rock for Saratoga Gap&Silva Driveway 5053 $174.63 Williams,Mike Reimbursement-Mileage&Professional Dues 5054 $25.96 Wolf Camera Film Development 5055 $300.00 Wolfe,Roberta Recording Services 5056 $332.52 Woods,Del Reimbursement-Mileage 5057 R $523.00 Alice Cummings Grant Preparation/BCR&Photographs 5058 R $500.00 American Tower Corporation Radio Repeater-Coyote Peak 5059 R $932.06 Big Creek Lumber Lumber-Ham&Paulin Property 5060 R $963.32 Bill's Towing&Recovery Tow Truck Fees 5061 R $35.00 Ca Park&Recreation Society Plaque Fee 5062 R $12,749.00 ## California JPIA Property&Automobile Physical Damage Insurance 5063 R $162.57 California Water Service Company Water Service 5064 R $77.03 Casaretto,Mark Reimbursement-Uniform Expense 5065 R $361.10 Costco Supplies 5066 R $6,016.95 First Bankcard 383.93- Local Bus.Meeting 1196.88-Training&Conf.Exp. 104.86- Internet Service 3643.27-Field Equip.Supp.&Uniform Exp. 133.74- Event Supp. 75.94- Subscription&Books 222.91- Office Supp. 232.80- Computer Supp. 22.62- Fuel 5067 R $2,140.00 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 5068 R $81.95 G&K Service Shop Towel Service 5069 R $1,333.15 Gardenland Power Equipment Field Supplies&Equipment 5070 R $3,468.00 Hexagon Transportation Cons.,Inc. Consulting Services-Coastal Annexation EIR 5071 R $28.15 Keeble&Shuchat Photography Photo Processing&Frames 5072 R $76-59 Lloyd,John Reimbursement-Uniform Expense 5073 R $461.25 Los Altos Garbage Co. Refuse Services 5074 R $21.04 MCI Long Distance Telephone Service 5075 R $226-90 Pacific Bell Telephone Service 5076 R $381.66 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 5077 R $28.05 Rancho Cobbler&Cleaners Boot Repair 5078 R $5.40 Robert's Hardware Field Supplies&Equipment 5079 R $405.73 San Jose Water Company Water Service 5080 R $1,357.00 Seever,Richard DBA Rural Pig Mgmnt Pig Control Services 5081 R $696.00 Simmons,Duncan Reimbursement-2003 State Bar Dues&Sec.Membership 5082 R $195.93 Summit Uniforms Uniform Expense 5083 R $386.68 Tadco Supply Janitorial Supplies 5084 R $220.14 Tooland,Inc. Field Equipment&Supplies Page 3 of 4 Claims No. 03-01 Meeting 03-01 Date 01/08/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5085 R $29.34 Union 76 Fuel Expense 5086 R $200.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 5087 R $86.29 Xpedite System,Inc. Fax Broadcast Systems Services Total $123,462.79 *1 Urgent Check Issued 12112/02 *2 Urgent Check Issued 12/12/02 *3 Urgent Check Issued 12/17/02 *4 Urgent Check Issued 12113/02 ## Expenditures to Date Exceed 10K But Not 25K Page 4 of 4 i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: John Escobar, Acting General Manager Date: January 3, 2003 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • Email: mrosd@openspace.org • Web site: www.openspace.org Save-the-Red ds League 114 Sansome Street, Room 1200, San Francisco, California 94104-3823 Telephone(415)362-2352 - Facsimile(415) 362-701;7 Eniail:redwootls@savetheredwoods.org - vvwwsavetheredwoods.org U) SINCE 0 1 1918 00 0 OFFICERS November 27, 2002 Edwin F.Claassen,President Richard Otter Cluairman of the Board Sandra Donnell,Vice President Frank Wentworth,Treasurer Kate Anderson Secretar) &ExecutiveDirector -Meg Reilly,Genera/Counsel Pete Siemens, President + Board of Directors COUNCIL Howard Wheatley Allen Midpeninsula Regional Open Space District Mrs Guilford C.Babcock George Bremser,jr. 330 Distel Circle Stephen tephenj.Butler Norman M.Christensen Los Altos, California 94022 Edwin F.Claassen Dr.Robert E.Connick Sarah Connick Dr,William A.(,left Re: Establishment of Grove -Purisima Creek Redwoods Open Space Preserve Charles H.Dana Pete Dangermond Todd Dawson Sandra .Denny Sandra Donnell Dear Mr. Siemens: Joseph H.Engbeck,.1r. Peter Farquhar Dianne Daiss Felton Terry Garcia It is requested that a 2.5 acre grove be approved in consideration of the following Eric R.Gerstung Ben C.Gersvick,Jr gift; Richard N.Goldman Mrs Villiarn Goodan Name of Grove Donor's Gift Cynthia M Grubb Robert Hambrecht Jack F.Harper Jane'Turner Hart WENDY E. BLAKENEY-LEGETTE $40,000.00 Annette Boushey Holland(:11arles A.Holloway MEMORIAL GROVE Barry C.Howard Bru,c S.Howard Paul Hull Nicholas Kent 'James L.Larson Donor Dr.William.J.Libby Samuel.M.Livermore Claude zk.Look Walter Mark Mr. Marc LeGette Mrs Donald H.McLaughlin George-McLaughlin Stephen Mather McPherson Robert E.Mellor Campbell, California ',am B.Merryman.Jr, Wentiv Millet George Neavo I I Donal C.O'Brien,Jr. -513, lying in the Northeast quarter of the Richard C.Otter Legal Description: Grove_PC Dr.Oliver P Pears(n George S.Peyton,Jr Northwest quarter of the Southwest quarter of Section 1, Township 6 South, George P.Pu...aut Range 5 West, Mt. Diablo Base and Meridian containing 2.5 acres more or less as Norman Sprague Robert Sproul James .Stu' shown on the Save-the-Redwoods League map of Purisima Creek Redwoods John D.Tavior Ellen Weaver Memorial Groves dated January 2002. Frank W Wentworth William P Wentworth Nancy P Weston Bruce Westphal With appreciation, Mrs.,Ann Witter J.Roy Witmer Directors + Sincerely, OBJECTRITS 1,To rescue from destruction representa- tive areas'four primeval forests. 2.To co-.operate,with the California State Park Coniission, he National Park�Zrvice, and other agencies,in establishing Redwood parks and other parks and reservations. 3,To Purchase Redwood groves by private Ka%the�nc Anderton suhsoipuon. 4 to foster And encoula ge a better and more general understanding of the value of the primeval Radwoccl or Sequoia and other KA/dp mr—ts of kinerica.As natural objects of ex- 'a,)dina interest to present and future Enclosure generations.l l- iv i fo support reforestation and conserva. tion(if our forest areas This is recycled paper DEC-16-2002 16:30 2 9626234 P.01 COMHITTEE V GRE@N FOOTF To: Cr 'gtrittoti FOR mmEDIATE RELEASE Iti+1' cn.Regional Open Space District December 16,2002 Fax: 6 491-0485 J From:V ' a Gentasch,Office Coordinator No.Pag 1,including.cover Contact: Zoe Kersteen-Tuckcr,Executive Director Phone(650)728=2823;Zue@GreenFoothills.org !NEWS RELEASE Environmental group announces resignation of advocate I PALO . TO CA-Committee for Green Foothills has announced that the group's Santa Clara County Legislati c Advocate,Denice Dade,has resigned her position to pursue other career opportunities effective the end of d is month. "Denise has been an outstanding member of our team who has made significant contributions to �ur community through her diligence,passion and commitment to the environment. She ttoughe to this job a tremendous amount of courage and dedication,and we will miss her,"said Kersteen-Tucker, Executive Director. "All of us in the community who have benefited from her dedication and excellent work thank her, and congratulate her on her new ventures." During�,er nearly five-year tenure with the organization,Dade played c leading role in the development of the new Gelera!Use Permit and Community Plan.for Stanford University;the first plan in the County's history that put ene le restrictions on the University'sgrowth plans. Among many other contributions,she was also instrumtal in curbing development in the south County,and in helping to set new prioritize in Santa Clara Us e Wor k Plan that will protect habitat,hillsides.and rural areas. Count y' 20 02 Land 'I am proud to have been associated with Committee from Green Foothills,and know that the organization will continue its unrelenting efforts to protect open space throughout the County, said Dade. "I am leaving a strong team that will continue in the Committee's strong 40-year tradition of standing up for open space." Commi a for Green Foothills will continue to closely monitor Stanfnrd's compliance with the General Use Pcr)nit and Community Plan,including the establishment of safe and scenic recreational trails and hillside honing as required by the GUP,and to be a strong advocate for protecting foothills,agricultural lands, chlands,riparian corridors,and other open space throughout Santa Clara and San Mateo Cound The organization is now accepting applications from those interested in the position. Details are posted at wow. enFoothills.org/job. About oromitt�ee for Greets Foothills COm ctee for Green Foothills is a regional grassnwts organization working to establish and maintain land-use polici that protect the environment throughout San Mateo and Santa Clara Counties. Committee For Gran Footh't�l s,established in 1962,is a Bay Area leader in the continuing effort to protect open space and the natural envirooment of our Peninsula and Coast. I cON"ITT.EE FOR 39&1 E_Sayshorc Road 630,962-7243-ON' infoNGreenfoothdWorg OwEEN FOOTH1LLs< Palo Alto,CA94303 6$0.96"2634 www.GreenFootruills.oeg TOTAL P.01 I Regional Open Soce J December 13, 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Chairman Gage and Members of the Board Santa Clara County Board of Supervisors 70 W g West Heddin Street, 10th Floor San Jose, CA 95110 RE: Protection of Santa Clara County Foothills and Hillsides Dear Chairman Gage and Honorable Supervisors: It has come to our attention that a new 17-home subdivision proposal by Citation Homes has received preliminary conceptual design approval from the Planning Commission. On behalf of Midpeninsula Regional Open Space District, I would like to submit the following comments regarding the above-mentioned proposal as well as other future development in the foothills and hillsides of Santa Clara County. The District is a public agency formed by voter initiative in 1972 to preserve,protect,and enhance open space lands in the San Francisco Bay Area. The District manages over 47,000 acres of public land in 27 preserves, most located in the foothills, hillsides, and ridgetops of the Santa Cruz Mountains. Together with other public agencies,the District works to preserve an open space greenbelt to protect the Bay Area's scenic and wildland backdrops for its visual beauty,historic landscapes, for the protection of natural resources and sensitive habitat, and for public enjoyment and recreation. The County's consideration to allow new hillside development raises major concerns for the District since these actions diminish the quality and quantity of natural open space lands. We are also concerned about the potential financial impacts that hillside development may create on the attempts from our sister agencies to acquire additional land in the eastern hillsides of the County. The District has experienced first hand the astronomical rise in land value due to luxury home development in the Santa Cruz Mountains, creating economic issues that can hamper our attempts to acquire and preserve large tracts of undeveloped land. We fear that similar problems will arise for the Santa Clara Open Space Authority, an agency with a similar mission that is now in its fourth year of acquiring open space. The District asks that careful consideration be given to the design of the Citations Home subdivision proposal to ensure minimal impacts to visual and natural resources. Also, we ask that the intent of clustered development is to seek grouping of new buildings sites as close together as possible to allow for preservation of a maximum amount of continuous open space. We also recommend that the undeveloped land be placed under a conservation easement to ensure that it remains undeveloped in perpetuity; this easement might be shared with the Open Space Authority to ensure compliance. Lastly, the District understands that you will be meeting to discuss procedures for implementing hillside development and viewshed protection polices. We ask that during these discussions, you consider interpreting the policies to allow for the fullest protection of open space lands, which would reflect the concerns of South Bay voters who,by approving the City of Milpitas Measure Z in 1998 and the San Jose Greenline Initiative in 1996, have expressed their desire to protect A4rrounding foothills and hillsides from future development. Sin erely, L. Craig Britton, General Manager LCB:ar cc: MROSD Board of Directors Santa Clara Open Space Authority 330 Distel Circle + Los Altos, CA 94022-1404 Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org Web site: www.openspace.org *��w:) sa Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C. Nitz . General Manager:L.Craig Britton Hello Nonette(and all the MROSD Directors), Thank you so much for the invitation to learn more about the coastside program. As you may remember,I attended the MROSD meeting at which this program was debated(at your invitation,actually!), and have since followed the program's development both in the press and in the course of other meetings with land preservation folks(like my Sempervirens Board colleagues). I feel I'm well briefed on the program at this point in time and am ready and willing to be a Palo Alto Council advocate for support of the annexation among my colleagues. I don't want you and your staff to expend unnecessary time with me,but if you feel I would benefit from some additional information,I'm more than willing to meet with you after the first of the new year. Just so you're aware, Wednesdays are my most flexible work days. Best to you for a happy holiday season--and keep up the great open space work!!! Judy Kleinberg Palo Alto City Council office: 650-328-8212 cell: 650-444-6253 FE CENPED 17 pENtsUTA REGION40 M SPACE DISTRICT Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: All Staff From: L. Craig Britton, General Manager Date: December 18, 2002 Re: Acting General Manager Appointment I will be out of the area and on vacation from Thursday, December 19, 2002 through Tuesday, January 7, 2003. In my absence, John Escobar will be the Acting General Manager. Thank you. cc: MROSD Board of Directors �- I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: John Escobar,Assistant General Manager Cc: MROSD Board of Directors From: Sumudu Welaratna, Planning Technician SW Date: December 20, 2002 Re: Results of First Year Follow-Up Monitoring of Pallid Bat Community at Red Barn 2002 Results: On October 30',2002,the Central Coast Bat Research Group(CCBRG)set mist-nets in the upstairs section of the barn as was done in 2001. Two Townsend's big-eared bats(Corynorhinus townsendii), one fringed myotis(Myotis thysanodes)and 47 pallid bats(Antrozous pallidus)were captured. Nine of the pallid bats were re-captures of bats banded in October 2001.All 38 pallid bats that did not have bands received a bat identification band. The total number of pallid bats banded in both sample years(2001-2002)equals 89. The relatively low re-capture rate of nine individuals may not accurately reflect the return rate for the colony. The sample time was three weeks later in the season than in 2001. This could account for the low re-capture rate. The fact that 47 pallid bats were captured speaks well for the prospects of the bats continuing to use the barn as a roost. The Townsend's big-eared bat captures are very interesting and exciting,especially since one of the captured individuals was a female. If the barn were to remain undisturbed for the winter and early spring, a breeding colony of Townsend's big-eared bats could possibly establish. The structure provides excellent habitat for this species. CCBRG Recommendations: CCBRG recommends that the bats be observed visually and acoustically in the spring to assess the colony size near maternity season. Fall capture should be conducted in 2003 to compare capture and re-capture rates of 2001 and 2002. In this manner the best estimate for the return rate of the colony can be determined. Staff Recommendations: The District should continue to monitor the population at the barn in both Spring and Fall for 2003 and 2004. This would provide three full years of data post-roof tear-off and replacement on the Red Barn. We need this data to know what kind of impact was made on this population,and provide information as to how the building is being used by multiple species of bats. This monitoring would be a part of the resource management program,and results would be presented to the Board annually. The estimated cost for the recommended monitoring program is$3000 per year. Note: CCBRG expressed their genuine thanks to the MROSD Board and staff for their support and interest in preserving the pallid bat colony. 0 Page 1 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: Michael Newburn From: Lisa Zadek Date: December 23, 2002 Re: Staff Thank You Note Michael, Craig Britton, Sally Thielfoldt, and John Maciel have all reviewed the attached e-mail message and have asked me to forward two copies on to you for distribution to Jeff Smith and Holden Neal. Please congratulate both on their good work. A copy of the attached message has been forwarded to each of their personnel files. cc: MROSD Board of Directors C. Britton S. Thielfoldt J. Maciel Personnel Files Page I of I Craig Britton From: "Craig Britton" <cbritton@openspace.org> To: "Craig Britton" <cbrifton@openspace.org> Sent: Wednesday, November 06, 2002 9:46 AM Subject: Re Jeff Smith and Holden Neal > > From: <GBCMKgaol.coi-n> > > To: <infogopenspace.org> > > Sent: Tuesday, November 05, 2002 9:37 AM > > Subject: Re Jeff Smith and Holden Neal * > > I would be grateful if you would pass this note of thanks to the above * > named gentlemen who rescued me from somewhere along the wildcat loop on Sunday > >Nov. 3rd, 2002. 1 had stumbled on a rock and managed to severely sprain the > > left ankle. In any case both of these rangers were very kind and helpful and I am I > >truly appreciative of their help. It is always a good lesson to be a patient every once > > in a while particularly when one is a physician. It's a good reminder of how it is > >to be helpless and dependent on your fellow human beings. > > > With many thanks > > > Yours sincerely > > > Dr Gulshan l3hatia MBBS MRCP(UK) DTMH > > > Medical Director TB Clinic > > > Clinical Associate Professor > > > Division of Infectious Diseases > > > Santa Clara Valley Medical Center 11/6/2002 Regional Open S ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 31, 2002 Lynn Sadler, Executive Director Mountain Lion Foundation P.O. Box 1896 Sacramento, CA 95812 Dear Lynn: We have recently received very exciting news! We have been granted $2,050,000 from the Coastal Conservancy to purchase the 676-acre Miramontes property, adjacent to the Mills Creek Open Space Preserve. This property is key in conserving ridge tops, hillsides, and watershed lands in the middle of an undeveloped expanse of coastal mountains in northern San Mateo County. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for taking time out of your very busy schedule and writing a letter of support to allow us to receive this very generous grant. We sincerely appreciate your continued dedication and effort to help make the open space preservation programs in the Midpeninsula area a success! Our best wishes to you an your family for a wonderful New Year. Sincerely, 4,�0�< John Escobar Acting General Manager JE/ec cc: 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 = OBE Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 31, 2002 Honorable Joe Simitian California State Assembly 160 Town & Country Village Palo Alto, CA 94301 Dear Joe: We have recently received very exciting news! We have been granted $2,050,000 from the Coastal Conservancy to purchase the 676-acre Miramontes property, adjacent to the Mills Creek Open Space Preserve. This property is key in conserving ridge tops, hillsides, and watershed lands in the middle of an undeveloped expanse of coastal mountains in northern San Mateo County. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for taking time out of your very busy schedule and writing a letter of support to allow us to receive this very generous grant. We sincerely appreciate your continued dedication and effort to help make the open space preservation programs in the Midpeninsula area a success! Our best wishes to you an your family for a wonderful New Year. Sincerely, John Escobar Acting General Manager JE/ec cc: 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,led Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton Regional e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 31, 2002 Lenny Roberts, Legislative Advocate Committee for Green Foothills 339 La Cuesta Portola Valley, CA 94028 Dear Lenny: We have recently received very exciting news! We have been granted $2,050,000 from the Coastal Conservancy to purchase the 676-acre Miramontes property, adjacent to the Mills Creek Open Space Preserve. This property is key in conserving ridge tops, hillsides, and watershed lands in the middle of an undeveloped expanse of coastal mountains in northern San Mateo County. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for taking time out of your very busy schedule and writing a letter of support to allow us to receive this very generous grant. We sincerely appreciate your continued dedication and effort to help make the open space preservation programs in the Midpeninsula area a success! Our best wishes to you an your family for a wonderful New Year. Sincerely, i John Escobar Actin General Manager g g JE/ec cc: Board of Directors 330 Distel Circle Los Altos,CA 94022-1404 Phone: 650-691-1200 Fax:650-091-0485 � E-mail:mrosd@openspace.org Web site:www.openspace.org ��o��a ff=1=z Board or Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Flanko,Larry Nassett,Kenneth C.Nitz - General Manager:L.Craig Britton Regional e e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 31, 2002 Honorable Byron Sher California State Senate 100 Paseo de San Antonio, Suite 206 San Jose, CA 95113 Dear Byron: We have recently received very exciting news! We have been granted $2,050,000 from the Coastal Conservancy to purchase the 676-acre Miramontes property, adjacent to the Mills Creek Open Space Preserve. This property is key in conserving ridge tops, hillsides, and watershed lands in the middle of an undeveloped expanse of coastal mountains in northern San Mateo County. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for taking time out of your very busy schedule and writing a letter of support to allow us to receive this very generous grant. We sincerely appreciate your continued dedication and effort to help make the open space preservation programs in the Midpeninsula area a success! Our best wishes to you an your family for a wonderful New Year. Sincerely, John Escobar Acting General Manager JEJec cc: 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 zIr"i FREEST Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonet€e Hanko,Larry Hassett, Kenneth C. Nitz . General Manager:L.Craig Britton i Regional Open c ------------------ INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: John Escobar, Assistant General Manager From: M. Williams, Real Property Representative Date: January 2, 2003 Subject: Singewald "Hacienda Park" Property Addition to Sierra Azul Open Space Preserve A Gift Deed was recorded on November 18, 2002 and title to and possession of this .11-acre parcel passed to the District. In accordance with your Rules of Procedure, Section 260 (2), as amended on June 18, 1991 (see Report R-91-62), to wit: The General Manager is hereby authorized to approve the acquisition of a minor interest in or easement upon real property and accept on behalf of the Midpeninsula Regional Open Space District deeds or grants conveying any such minor interest in or easement upon real property to the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as required by law, subject to the following: 1. The General Manager finds that the acquisition of such minor interest in or easement upon real property is consistent with District policy; and 2. The cost does not exceed the General Manager's authority as provided in Section 5549(b) of the Public Resources Code and as approved by the Board of Directors from time to time; and 3. The General Manager informs the Board of Directors of the action or proposed action within a reasonable period of time; The General Manager signed a Certificate of Acceptance on November 12, 2002 and a Gift Deed was recorded on November 18, 2002 for the subject property, based upon the General Manager's determination that acceptance of this gift is in accordance with the above stated policy. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement, Date/Res.No Lease,Mgmt Agmt.) Sierra Azul Santa Clara County Singewald .11 Fee See Above 562-24-045 Mgmt.,Status• Dedication Date/ Status: Closing Date (Open,Closed,•CMU Type Purchase Price GIS Code or Other) {Intended Withheld) November 13, CMU Intended GiftF_ I � 0 2002 cc: Board of Directors Administration Operations Accounting Planning 330 Distel Circle * Los Altos, CA 94022-1404 o Phone:650--691-1200 Fax:650-691-0485 - E-mail: mrosd@o ens ace.org Web site:www.open space.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 S ce j INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: John Escobar, Assistant General Manager From: M. Williams, Real Property Representative Date: January 2, 2003 Subject: Santa Clara County "Hacienda Park" Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 31, 2002 and title to and possession of this 139.7-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of July 24, 2002. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area. County/A.P.N. Grantor Acres,:, (Fee,Easement; DatefRes.No. Luse;M glut Agint.) Sierra Azul Santa Clara County Santa Clara 139.7 Fee July 24, 2002 562-24-008, 016, County 02-25 022, 053, 070, 071 562-25-002, 023, 062 Dedication pate/ Mgmt....Status: Status: Closing Date (Open,Closed,CMU, Type , Purchase Price GIS,Code or Other} (Intended Withheld} December 31 CMU Intended No Cost 2002 Transfer Misc. Notes: cc: Board of Directors Administration Operations Accounting Planning 330 Distel Circle Los Altos, CA 94022-1404 a Phone: 650-691-1200 Fax:650-691-0485 A E-mail: mrosd@openspace.org * web site:www.openspace.org KK' C7FaEE'T Board cat LDc' ,Jed ireors:Pete Siemens,Mary C. Davey, _ �� _ Cyr, Deane Little, Nanette Hanko, Larry Hassett, Kenneth C. Nitz . General Manager:L.Craig Britton Regional Open S; ce INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: John Es obar Assistant General Manager ' != � `t G From: M. Williams, Real Property Representative Date: January 2, 2003 Subject: Peninsula Open Space Trust (former Loma Prieta Ranch) Property Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 31, 2002 and title to and possession of this 493-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 11, 2002. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, DatelRes, No. Mgmt Agmt.) Sierra Azul Santa Cruz POST 493 Fee December 11, 2002 Mt. Umunhum 098-141-010 0248 098-141-011 Mgmt. Status: Dedication Date/ Closing Date (open, Closed,CMU, Status: Type Purchase Price GIS Code or Other) (Intended Withheld) December 31, Closed Intended Grants Grants $500,000.00 2002 Cash Cash 1500,000.00 Total $1,000,000.00 Misc. Notes: District received $500,000.00 from two Habitat Conservation Fund grants for this acquisition. cc: Board of Directors Administration Operations Accounting Planning 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 N'itz . General Arlanager:L.Craig Britton Regional oral per S ce INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: John Escobar, Assistant General Manager , From: M. Williams, Real Property Representative Date: January 2, 2003 Subject: CHY Property Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 21, 2002 and title to and possession of this 827-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 11, 2002. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board'Approval PreservelArea . County/A.P.N. Grantor Acres, (Fee;Easement,Lease, . nate/Riss.'No. Mgror Agnat.I .. Sierra Azul Santa Clara County CHY Company 827 Fee December 11, 2002 My. Umunhum 562-12-021 02-47 Portion of: 562-12-022 Santa Cruz County 098-141-12 Mgmt. Status: Dedication Date/ , Closing Date (Open, Closed,CMU, Status: Type Purchase Price . GIS'Code or Other) (Intended Withheld) December 21, Closed Intended Cash 71 000, 000.00 2002 Misc. Notes: cc: Board of Directors Administration Operations Accounting Planning 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 m General Manager:L.Craig Britton 1 Many Thanks #1 to the Dedicated Volunteers of 2002! Kelly Alberta Judy Fenerty Celeste Low Betty Salveter Nanette Alcala Robert Fenerty Gak-Wee Low Steve Salveter Rainey Alleman Karla Fernandez Don Lundell Russell Sammon Rodger Alleman Matthew Foster John Maciel San Francisquito Rich Andrews Travis Franck Sandra Macika Watershed Council (20) Barbara Arnoldussen Cameron Frazier Chris Macintosh Dan Scales Marc Auerbach Richard Gehrer Larry Manning Katrin Schliewen Ali Aydar Denise Gilbert Kathleen McGall Drew Scott Bart Balocki Bo Gimbal Menlo Middle School (65) Ed Scott Rick Barnes Toni Gooch Hale J. Metzger, Jr. John Shalamskas Teri Baron Katherine Greene John Morgan Pete Siemens Jo Barrett John Grindeland Karen Morgan Sierra Singles (20) Alan Bartholomew Florent Haik Morgan Center(7) Barbara Simpson Ken Bell Sue Hanrahan Rick Morris Dennis Smith Horace Benetz Laura Hansen Terry Morse William Sorgen Jonah Berger Thomas Hartmann Ray Munson Elliot Sowadsky Paul Billig Greg Hemmi Stephen Muther Dan &Sue Spinozzi Jim Boynton Brian Hendrickson Larry Myers Stevens Creek Striders (5) Chris Braley Daniel Hernandez Teresa Nemeth Meredith Payne-Stotzner Carleen Bruins Homestead, Inc (25) Claudia Newbold Jim Sullivan Ed Buckingham David Horine Jill Kilty Newburn Sun Microsystems (9) Clara Buellesbach Chris Houck Christal Niederer Gillian Tabb Stacey Bunton Jane Huber Ken Nitz Ann Taylor Burr, Pilger, & Mayer(20) Feona Humphrey Michael Noonan Team Wrong Way(10) Cal Sate Hayward (10) Ken Hynes Notre Dame Univ(6) Darlene Testag uzza Dorothy Carlson IMBA/ROMP (20) Elaine Outler Sally Thielfoldt Ted Carlson Inktomi Corp (12) Angela Owen Janet Tornow Michael Carnes Barbara Jarmon Hunter Owens Donald Trask Catherine Carr Ken Jeffery Stuart Palmer Harold Turk Castilleja School (10) Rex Jennett Bob Pariani June Twelves Carolyn Chaney Wendy Jensen Nathan Parks Alex Vago Meichu Cheng Kathleen Jones Vlad Patryshev Joanne Vago Jim Citta Carol Jossi Shannon Perryman Klaudia Vaswani Tom Cochrane Paul Jossi Adda Quinn Bruce Weinstein Community Impact(65) Erik Kaarto James L. Rea Scott Weiss Sue Cooper Aparna Kapur Cecilia Reagan Steven Weiss Wilson Cooper Marty Katz Steve Reagan Ben White Frank Crossman Fleur Kettmann Victoria Reeder David Wieland Craig Cummings Jane Kikuchi Mariah Reilly Mark Williams Dave Curtis Anne Koletzke Curt Riffle Chuck Wilson Jed Cyr Bill Korbholz Johan Rindegard Jeff Winkler Jason Cyster Mike Kowdley Gillian Robinson Jo Wong Laura de Salvatore Siefken Krieger Bruce Rosenthal Woodside Equestrians (5) Arthur Deex Kristin Koerper Vicki Rosenthal Jerry Wroblewski John Dickey Tanya Laikova Stephen Rosenthal Robert Yang Fletcher Dobbs James Lamb Sara Rottunda Jason Yoo Jeff Driskell Chris Lange Trevor Rowland Joan Young Linda Edwards Debbie Ledbetter Richard Rowland Robin Young Wendy Eilers Rick Leonard Karl Rowley Young Heroes (51) Debbie Ellis Howard Levitan Karen Rudd Vinson Yuen John Ertel Al Lisin Sacred Heart Prep (7) Lisa Zadek 2002*ro ram Graddues and Special Achievement Awards uni Outreach pro jets community Outdoor Sere/ ecia� ce �o�v►nteer Awarol Volunteer Award Projects A'"ard Mara Auerbach Ken Nitz Thomas Hartmann 300 volunteer hours Worked 6 of the 9 11 service projects Over repairing & upgrading the summer outreach events! in one year! District web site! o\Unteer Tra%1 1,000+ Hours ClUb patrol AwaV Arthur Deex Rodger & Rainey Alleman Over 250 patrol hours Bo Gimbal, Angela Owen at 7 different preserves) Bob Pariani, Dennis Smith Betty do Steve Salveter Community Outreach 5ummer Volunteer Graduates Chris Braley, Meichu Cheng, Toni Gooch, Debbie Ledbetter, Chris MacIntosh, Larry Manning, Jill Kilty Newburn + 500+ Hours C�Ub + 54 Hours Cl ub 2.5� Hours CIUb Marc Auerbach Barbara Simpson Dorothy $ Ted Carlson Arthur Deex Paul Jossi Bill Korbholz Thomas Hartmann Trevor Rowland ,gyp+ Hours C/vb Meichu Cheng, Jim Citta, Robert Fenerty, David Horine, Carol Jossi, Siefken Krieger, Debbie Ledbetter, Larry Manning, Ken Nitz, Steve Reagan, Bruce & Vicki Rosenthal, Drew Scott, Jim Sullivan, Don Trask, June Twelves, Alex Vago, Chuck Wilson, Robert Yang, Jason Yoo, Lisa Zadek 200Docent Gradates and special Achievement Awards t potent" „ Spark Plug ,,, EN —'"—'— p 9 ure N ti `` t)ecen Award Nut Award ware/ do alas Strether Smith de Wit Pain Va P 89 hours as a new docent 92spent 146 hours of hours the trails! in just a few monthsl visitors atdocenting tj111e °n ure Center! ,, Field Trip Fanatic,, Special Service it Award Award Bob Moncrieff Chris MacIntosh Provided 82 hours of Contributed many hours of inspiration to studentsl organizational skill to assist with docent training -�-he Graduates of 20p 2 Charlene Albert, Patty Ciesla, Jack Doane, Keith Johnsgard, Kevin Kilmer, Lee Lynch, Mary Ann Monahan, Derek Mulkey, Barbara Patterson, Adda Quinn, Jim Rea, Jeff Richardson, Kandis Scott, Tommi Smith, Strether Smith, Christine Wilson 1-Year Service Pin 5-Year Service Pin Michael Kahl, Ed Hattyar, Penelope Huang Dick Gehrer, Debbi Brusco, Strether Smith Bob Archibald, Lucy Proulx, Suzanne Bohan-Thompson, Tommi Smith Denise Montlack, Greg Azevedo, Susan Peterson, Stephen Yeh 25•Year Service Pin 10-Year Service Pin 15-Year Service Pin Steven Salveter Joyce Nicholas Marilyn Bauriedel Betty Salveter Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: John Escobar, Acting General Manager Date: January 3, 2003 Re: FYI's �I 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 9 E-mail: mrosd@openspace.org • Web site: www.openspace.org Regional Open f ice 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 7, 2003 Planning Commission County of San Mateo 455 County Center,2'Floor Redwood City,CA 94063 Re: Proposed Development at 413 Heacox Road; Lands of Allana(APN 080-110-230) Honorable Planning Commission Members: It has come to our attention that the property owner at 413 Heacox Road in the unincorporated La Honda area of San Mateo County is seeking preliminary design approval from the Planning Commission to build a new three- story, 11,021 square foot residence and other accessory structures. On behalf of Midpeninsula Regional Open Space District, I would like to submit the following preliminary comments regarding this proposal. As a public agency, the District manages over 47,000 acres of public land in 27 preserves,most located in the foothills, hillsides, and ridgetops of the Santa Cruz Mountains. Together with other agencies,the District works to preserve an open space greenbelt to protect the Bay Area's scenic and wildland backdrops for its visual beauty,historic landscapes, for the protection of natural resources and sensitive habitat, and for public enjoyment and recreation. At this preliminary stage, the District is concerned that a development of this size will diminish the quality and quantity of natural open space lands. The District asks that very careful consideration be given to the aggressive design of the aforementioned property to ensure minimal impacts to visual and natural resources. The property is completely surrounded by dedicated open space lands that contain popular recreational trails used daily by the public. In addition, it is located directly below two prominent vista points on Skyline Boulevard,a State Scenic Corridor. The property also lies in the headwaters of Corte Madera Creek. Due to its sensitive location, any approved accessory structures should be situated as close together to the main residence as possible to allow for the maximum preservation of continuous open space. Mitigations should be implemented to ensure that future discharge and runoff from the property will not contaminate nearby drainages and/or result in erosion. In addition,building heights should follow the natural contours by stepping down rooflines and partially insetting structures into the hillside to minimize bulk given the steep topography in the area. Finally, we also recommend that any unimproved land be placed under a conservation easement to ensure that it remains undeveloped. The Midpeninsula Regional Open Space District has worked for many years to preserve the natural resources in this area for the appreciation and benefit of present and future generations. In an effort to ensure this, we look forward to reviewing any plans and specifications for this proposed development and providing further comments and suggestions throughout the design review process. Should you have any questions,please feel free to contact me. Sincerely, Jo scobar Ac ng General Manager JE/mdv cc: MROSD Board of Directors I 330 Distel Circle + Los Altos, CA 94022-1404 Phone:650-691-1200 Fax:650-691-0485 + E-mail: mrosd@openspace.org Web site:www.openspace.org *n 0. :5T Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton Claims No. 03-01 Meeting 03-01 Date 01/08/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 4960 $3,142.80 2M Associates Coastal Annexation Consultant Study 4961 $50.60 Accent&Artech Lamination Supplies 4962 $1,380.51 Ace Fire Equipment&SVC CO. Fire Extinguisher Servicing 4963 $808.26 Acme&Sons Sanitation Sanitation Services 4964 $354A2 ADT Security Services Burglar Alarm Service 4965 $89.35 Allen Equipment Company,Inc. Repair-Drill 4966 $295.84 Allied Auto Works Vehicle Service and Repairs 4967 $20.00 American Red Cross CPR Training Supplies 4968 $379.67 AT&T Wireless Cellular Phone Service 4969 $1,439.45 Big Creek Lumber Lumber-Foothill Field Office 4970 $722.06 '1 Boston Market Staff Holiday Lunch 4971 $51.43 Business&Legal Reports Inc. Employee Booklets 4972 $62.94 Cabela's Promotions,Inc. Uniform Expense 4973 $9.68 Cal-Line Equipment,Inc. Vehicle Repair 4974 $72.30 California Chamber of Commerce 2003 Employee Posters 4975 $118.18 California Water Service Company Water Service 4976 $85.00 Camino Medical Group Medical Services 4977 $338.88 Carsonite International Roadmarker/Signs 4978 $1,284.40 Central Coast Bat Research Bat Survey-Red Barn 4979 $3,575.75 Cotton,Shires&Assoc.,Inc. Slope Stability Study-Hanson Quarry 4980 $305.00 Crook,Lauren Tuition Reimb.-High Performance Recruiting 4981 $50.57 CSK Auto Vehicle Supplies 4982 $960.72 Design Concepts Visitor Maps 4983 $92.10 "2 Dittmer's Gourmet Local Business Meeting 4984 $45.01 Dyna-Med/Galls Incorporated First Aid Supplies 4985 $225.28 Escobar,John Reimbursement-Mileage 4986 $436.55 Expanets Telephone System Maint.&Lease 4987 $2,810.80 Falcon Fuels Fuel 4988 $149.63 Federal Express Express Mailing 4989 $95.48 Fischer,Tom Reimbursement-Mileage 4990 $58.87 Fitzsimons,Renee Reim.-Nature Center Supplies 4991 $1,560.00 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 4992 $76.67 G&K Service Shop Towel Service 4993 $2,987.50 Gary Ifland&Associates,Inc. Survey of Chy Property 4994 $10,546.89 Gilpin Geosciences,Inc. Consulting Services-ECDMC&Purisma Creek 4995 $276.20 Goodco Press Inc. Business Cards 4996 $31.41 Grainger,Inc. Field Supplies 4997 $206.17 Green Waste Recovery,Inc. Garbage Service 4998 $23.80 Honda Peninsula Field Supplies 4999 $1,942.92 Indoff Incorporated Ergonomic Equipment&Furniture 5000 $4,013.23 Jakaby Engineering Consulting Services-Virginia Mill Trail-ECDMC 5001 $12,626.35 Kevin Emery Builder Sherrill House Rental Repair 5002 $319.38 Kinko's Printing Services 5003 $2,400.00 `3 L.S.S.&Associates Law Enforcement Training-R.Carlson Page 1 of 4 i i i I Claims No. 03-01 Meeting 03-01 Date 01/08/03 Revised Open Mid peninsula Regional O Space District P 9 P P # Amount Name Description 5004 $866.00 Lasher Auto Center Vehicle Seat 5005 $225.00 Liebert Cassidy Whitmore Legal Services 5006 $144.95 Life Assist First Aid Supplies 5007 $161.95 Livestock Supply Company Field Supply 5008 $270.00 Macias,Gini&Company Auditor Services 5009 $124.10 MCI Long Distance Telephone Service 5010 $146.37 McKowan,Paul Reimbursement-Mileage 5011 $118.57 MegaPath Networks Internet Connection-DSL Line SFO 5012 $526.95 MetroMobile Communications Radio Repairs&Maintenance 5013 $76.73 Minton's Lumber&Supply Field Supplies 5014 $57.56 Noble Tractor,Inc. Tractor Supplies 5015 $5,913.50 North American Title Company Title&Escrow for Chy Property 5016 $762.61 Northern Energy,Inc. Propane Service 5017 $156.75 Pacific Bell Telephone Service 5018 $28.32 Panko Architects Architectural Service-FRO Shop Facility 5019 $138.50 Paterson,Loro Reimbursement-Uniform Expense 5020 $36.92 Peninsula Digital Imaging Document Copies 5021 $33.18 PhotoTime Slides 5022 $184.73 Pine Cone Lumber Lumber 5023 $359.26 PIP Printing Volunteer Newsletters 5024 $16.17 Rancho Cobbler&Cleaners Boot Repair 5025 $1,151.81 Ray L.Hellwig Services,Co.,Inc. HVAC Repair-Admin.Office&Tenant Space 5026 $405.63 Redwood General Tire Co.,Inc. Tire Repair&Tires 5027 $1,930.94 Roy's Repair Service Vehicle Repairs&Service 5028 $480.00 S.P.McClenahan Co,Inc. Redwood Tree Removal 5029 $20.27 Salveter,Steve Reimbursement-Film&Processing 5030 $40.58 San Jose Mercury News Subscription 5031 $51.93 San Mateo County Times Subscription 5032 e 197.83 Sandra Large Coastal Annexation Presentation-Mileage $ 9 9 5033 $3,595.00 Santa Cruz Title Company Title&Escrow for Lomo Prieta/POST Acquisition 5034 $752.00 '4 Santa Rosa Junior College New Recruitment Academy Training 5035 $235.78 Second Cup Cafe Local Business Meeting 5036 $2,153.50 Seever,Richard DBA Rural Pig Mgmnt Pig Control Services 5037 $719.13 Shell Oil Fuel 5038 $4,422.00 Skyline Builders,Inc. Roof Repair-McDonald Ranch Bam 5039 $87.77 Specialty Truck Parts,Inc. Vehicle Parts 5040 $287.35 Stevens Creek Dodge Vehicle Supplies 5041 $1,900.00 Strong Associates Consulting Services-EIR 5042 $255.47 Summit Uniforms Uniform Expense 5043 $331.44 Tadco Supply Janitorial Supplies 5044 $50.00 Thielfoldt,Sally Reimbursement-Professional Dues 5045 $889.35 Tires on the Go Vehicle Tires 5046 $187.18 Tony&Albas Pizza Local Business Meeting Expense 5047 $100.00 Tramiel,Leonard Docent Training Page 2 of 4 Claims No. 03-01 Meeting 03-01 Date 01/08/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5048 $108.99 Turf&Industrial Equipment Co. Vehicle Supplies 5049 $8.70 United Parcel Service Parcel Shipping 5050 $893.92 Unlimited Graphics&Sign Network Vehicle Decals 5051 $51.28 Verizon Pager Service 5052 $302.38 West Coast Aggregates,Inc. Base Rock for Saratoga Gap&Silva Driveway 5053 $174.63 Williams,Mike Reimbursement-Mileage&Professional Dues 5054 $25.96 Wolf Camera Film Development 5055 $300.00 Wolfe,Roberta Recording Services 5056 $332.52 Woods,Del Reimbursement-Mileage 5057 R $523.00 Alice Cummings Grant Preparation/BCR&Photographs 5058 R $500.00 American Tower Corporation Radio Repeater-Coyote Peak 5059 R $932.06 Big Creek Lumber Lumber-Ham&Paulin Property 5060 R $963.32 Bill's Towing&Recovery Tow Truck Fees 5061 R $35.00 Ca Park&Recreation Society Plaque Fee 5062 R $12,749.00 ## California JPiA Property&Automobile Physical Damage Insurance 5063 R $162.57 California Water Service Company Water Service 5064 R $77.03 Casaretto,Mark Reimbursement-Uniform Expense 5065 R $361.10 Costco Supplies 5066 R $6,016.95 First Bankcard 383.93- Local Bus.Meeting 1196.88-Training&Conf.Exp. 104.86- Internet Service 3643.27-Field Equip.Supp.&Uniform Exp. 133.74- Event Supp. 75.94- Subscription&Books 222.91- Office Supp. 232.80- Computer Supp. 22.62- Fuel 5067 R $2,140.00 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 5068 R $81.95 G&K Service Shop Towel Service 5069 R $1,333.15 Gardenland Power Equipment Field Supplies&Equipment 5070 R $3,468.00 Hexagon Transportation Cons.,Inc. Consulting Services-Coastal Annexation E1R 5071 R $28.15 Keeble&Shuchat Photography Photo Processing&Frames 5072 R $76.59 Lloyd,John Reimbursement-Uniform Expense 5073 R $461.25 Los Altos Garbage Co. Refuse Services 5074 R $21.04 MCI Long Distance Telephone Service 5075 R $226.90 Pacific Bell Telephone Service 5076 R $381.66 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 5077 R $28.05 Rancho Cobbler&Cleaners Boot Repair 5078 R $5.40 Roberts Hardware Field Supplies&Equipment 5079 R $405.73 San Jose Water Company Water Service 5080 R $1,357.00 Seever,Richard DBA Rural Pig b1gmnt Pig Control Services 5081 R $696.00 Simmons,Duncan Reimbursement-2003 State Bar Dues&Sec.Membership 5082 R $195.93 Summit Uniforms Uniform Expense 5083 R $386.68 Tadco Supply Janitorial Supplies 5084 R $220.14 Tooland,Inc. Field Equipment&Supplies Page 3 of 4 Claims No. 03-01 Meeting 03-01 Date 01/08/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5085 R $29.34 Union 76 Fuel Expense 5086 R $200M Woodside&Portola Private Patrol Patrol Services-Windy Hill 5087 R $86.29 Xpedite System,Inc. Fax Broadcast Systems Services Total $123,462.79 '1 Urgent Check Issued 12/12/02 '2 Urgent Check Issued 12/12/02 '3 Urgent Check Issued 12/17/02 '4 Urgent Check Issued 12/13/02 ## Expenditures to Date Exceed 10K But Not 25K Page 4 of 4 I