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Home My Public Portal About20030423 - Agendas Packet - Board of Directors (BOD) - 03-09 Regional Open ce 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-09 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:00 p.m. Wednesday,April 23, 2003 330 Distel Circle Los Altos, California AGENDA* Please Note: 7:00 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 7:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 7:00 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. l. Conference with Labor Negotiator, Government Code Section 54957.6 Agency Negotiators—Fran Buchanan,IEDA, John Escobar, Sally Thielfoldt,John Maciel Employee Organization—S.E.I.U. LOCAL 715 2. Conference with Labor Negotiator—Government Code Section 54957.E Agency Negotiators, —L. Craig Britton, John Escobar, Sally Thielfoldt Non-represented Employees—Office, Supervisory and Management Employees 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—N.Hanko ADOPTION OF CONSENT CALENDAR—N. Hanko *** ADOPTION OF MINUTES • April 9, 2003 BOARD BUSINESS 7:40* 1 Authorization to Execute a Contract with Joseph J. Albanese, Inc. for Construction of a Parking and Staging Area at the Jacques Ridge Entrance to Sierra Azul Open Space Preserve;Authorize the General Manager to Execute a Contract with Joseph J. Albanese, Inc. of Santa Clara for the Bid Amount of$105,914,Plus a Contingency Amount of up to $15,866,for a Total Amount Not to Exceed$121,800—D. Vu 7:50* 2 Proposed Addition of the Remaining Undivided One-Third Interest in Santa Clara County ps gNr's Parcel Numbgrs 3 1-13-021 351- 3-022 and 351-15-020(Mitchell),as an `-3 ) L)istel urcle •-Los Altos, CA 94022-1 �4 i,orie: ,50-691-1200 Fax:650-691-0485 * E-mail: mros(l@openspace.org * Web site:www.opetispace.org DFAEEST Boat(]of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz- General Manager:L.Craig Britton Meeting 03-09 Page 2 Addition to Monte Bello Open Space Preserve Located in Unincorporated; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)As Set Out in this Report;Adopt the Attached Resolution Authorizing Purchase of a Remaining One-Third Interest in the Mitchell Property;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to the Monte Bello Open Space Preserve; Indicate your Intention to Withhold Dedication of the Property as Public Open Space at this Time—M.Williams 8:00* 3 Adopt the Attached Resolution of the Santa Clara County Operational Area Disaster Response and Recovery Interim Agreement and the California Master Mutual Aid Agreement—J. Escobar *** 4 Reject the Claim Against the District Filed by Kaizad G. Farhadi—S. Schectman 8:10* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. *** REVISED CLAIMS 8:30* ADaoummENT * 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. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,please contact the District Clerk at(650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Regional e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-08 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS April 9, 2003 MINUTES SPECIAL MEETING I. ROLL CALL President Nonette Hanko called the meeting to order at 5:06 p.m. Members Present: Jed Cyr, Mary Davey, Larry Hassett,Deane Little, Pete Siemens, and Nonette Hanko Members Absent: Ken Nitz Staff Present: Craig Britton, Sue Schectman, Fran Buchanan, IEDA, John Maciel, John Escobar, and Sally Thielfoldt H. CLOSED SESSION N. Hanko 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 5:07 p.m. and the Closed Session commenced at 5:07 p.m. The Board concluded the Closed Session at 7:13 p.m. REGULAR MEETING III. N. Hanko called the Regular Meeting to order at 7:31 p.m. She 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: David Sanguinetti, Richard Carlson, John Lloyd, and Cindy Roessler. IV. ORAL COMMUNICATIONS—There were none. 330 Distel Circle a Los Altos, CA 94022-1404 * Phone:650-691-1200 Fax:650-691-0485 * E-mail: mrosdOopenspace.org * Web site:www.openspace.org r3-FEE Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C. Nitz . General Manager:L.Craig Britton i Meeting 03-08 Page 2 V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and the motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of the March 12, 2003, and the March 26, 2003, Special and Regular Meetings, Agenda Item 3, Authorization to Contract with Columbia Printing,for Printing Services for Fiscal Year 2003-2004 with an Option to Extend the Contract for Fiscal Year 2004-2005, Authorize the General Manager to Enter Into a Contract for Printing Services wit Columbia Printing; for Fiscal Year 2003-2004 for an Amount Not to Exceed $134,450, With the Option to Extend the Contract to Fiscal Year 2004-2005 Subject to Further Board Approval; Agenda Item 4, Authorization to Contract with Design Concepts for Graphic Design Services for Fiscal Year 2003-2004 with an Option to Extend the Contract for Fiscal Year 2004-2005; Authorize the General Manager to Enter Into a Contract for Graphic Design Services with Design Concepts for Fiscal Year 2003-2004 For an Amount Not to Exceed $37,500, With the Option to Extend the Contract to Fiscal Year 2004-2005 Subject to Further Board Approval; and Revised Claims 03-06. P. Siemens seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 —Appointment of Richard Carlson and John Lloyd as Peace Officers; Adopt the Attached Resolutions of the Board Appointing Richard Carlson and John Lloyd as Peace Officers—(Report R-03-37). D. Sanguinetti introduced John Lloyd and Richard Carlson, new rangers at the Skyline field office, and said they had now reached their full complement of rangers in that office. Motion: M. Davey moved that the Board adopt Resolution No. 03-11, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer(Richard Carlson), and Resolution No. 03-12, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer(John Lloyd). P. Siemens seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 2- Authorization to Renew Feral Pig Control Agreement with Rural Pig Management, Inc. for One Year in an Amount Not to Exceed $30,100; Authorize the General Manager to Renew a Contract with Rural Pig}Management, Inc. for Feral Pig Control on District Lands for One Year, for the Period of April Meeting 03-08 Page 3 1 2003 through March 3 L 2004, in an Amount Not to Exceed $30,100—(Report R-03-40 . C. Roessler presented the staff report and answered questions about the program. She informed the Board that during the hot, dry parts of the summer, they do not see as many pigs. There is not a good food source for the pigs at that time of year. The trapper tends to work more in the winter than in the summer. Regarding the location of traps, she said that is different over the year. Most of them are at Big Dipper and Long Ridge this year. There are currently nine traps in use. C. Roessler talked about the District's coordination with other agencies. N. Hanko asked if they keep in touch with the neighbors about what they are doing, and suggested putting articles in neighborhood newsletters. C. Roessler said they have had newspaper articles and a radio station interviewed the trapper. C. Britton said the average cost per pig trapped was $307. L. Hassett commented that that he is in touch with the South Skyline Association and they are appreciative of what the District is doing. D. Little asked if the pigs being trapped now are smaller or younger than in the past. C. Roessler said the trapper had not shared that information. They do not track weight, but do track whether they are adults or juveniles. She added that rangers will work with the trapper. Motion: M. Davey moved that the Board authorize the General Manager to renew a contract with Rural Pig Management, Inc. for feral pig control on District lands for one year, for the period of April 1, 2003 through March 31, 2004, in an amount not to exceed $30,100. P. Siemens seconded the motion. The motion passed 6 to 0. VIII. INFORMATIONAL REPORTS M. Davey had copies of coastside booklets given to her by 011ie Mayer. She said Ms. Mayer had given her other historical items. D. Little talked about the SARS infection, and as a biomedical scientist, urged those present to be careful. He discouraged travel to southern China, Hong Kong, and Singapore at this time. P. Siemens: 1. He and K. Nitz participated in a Directors' hike on Russian Ridge where the wildflowers are starting to bloom. 2. He talked about a newspaper article stating that i i i Meeting 03-08 Page 4 the legislative analyst was proposing a fee for fire protection on areas currently the responsibility of the California Department of Forestry. He thought the fees might eventually apply to the District. N. Hanko talked about the letter to the county contained in the FYIs regarding Stanford zoning. She referred to the map attached to her letter and passed out copies with colored maps. She said the problem now is that the language that is supposed to protect viewsheds only takes in the top of the mountains. She will be following up with the board of supervisors to make sure that the language in the ordinance reflects true viewsheds. C. Britton: 1. J. Escobar has been working with POST to set up coastal tours for staff on April 10, April 22, and May 6. 2. Rich Gordon has asked for a tour of District lands. The tour will take place April 18. 3. The FYIs contained a Grand Jury report and press releases. 4. There was also a letter regarding the train roundhouse issue in Santa Clara County in the FYIs. 5. May 3 is the tenth anniversary celebration of Friends of Stevens Creek Trail. C. Britton suggested having a representative of the District at the celebration. 6. He had flyers about the tour of Woodhills, the Fremont Older house. 7. He provided an update on legislation, noting that the District's bills are moving forward. He and J. Escobar would be going to Sacramento on April 23 for a committee hearing. 8. Craig Breon, of the Audubon Society, wants to do something at Bear Creek for some of his volunteers. C. Roessler and he will give talks. 9. He referred to a profile of I Escobar contained in the clippings. J. Maciel: 1. He stated that they had hired a maintenance and construction supervisor, Richard Downing. There is only one more ranger position to fill. 2. He said John Johnigan is retiring from Deer Hollow, and there will be a luncheon retirement party on April 30. IX. ADJOURNMENT At 8:12 p.m., the meeting was adjourned. At 8:13 p.m., N. Hanko reconvened the meeting so that the Board could appoint a secretary pro tempore. Motion: M. Davey moved that the Board appoint I Cyr as secretary pro tempore. P. Siemens seconded the motion. The motion passed 6 to 0. At 8:14 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 03-07 Meeting 03-08 Date 04/09103 Revised Midpeninsula Regional Open Space District # Amount Name Description 5499 $366.52 Acme&Sons Sanitation Sanitation Services 5500 $365.60 ADT Security Services Burglar Alarm Service 5501 $252.57 All Premium Promotional Products Volunteer Supplies 5502 $1,469.09 Allied Auto Works Vehicle Service and Repairs 5503 $63.75 American Red Cross Emergency Response Training/Certificates&Books 5504 $500.00 American Tower Corporation Radio Repeater-Coyote Peak 5505 $75.00 APA Northern News Recruitment Advertisement 5506 $1,897.20 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 5507 $161.90 Barron Park Supply Co.,Inc. Plumbing Supplies 5508 $7,914.00 Bay Area Asphalt&Cement Works,Inc. Pave Pheasant Road-Rancho de Guadalupe Area 5509 $80.00 Beaugh,Janet Reimbursement-Membership Dues 5510 $259.17 Beckman,Craig Reimbursement-Uniform 5511 $92.55 C.E.B. Legal Books 5512 $3,270.00 California Conservation Corps Watershed Repair-Bear Creek Redwoods 5513 $80.00 Clark Pest Control Pest Control 5514 $290.00 Clean Sweep Services Sweep County Park Lots 5515 $655.60 Comp USA,Inc. Epson Printer Supplies 5516 $78.36 Correia,Anthony Reimbursement-Uniform 5517 $540.26 Costco Supplies 5518 $56.24 Davison,Steve Reimbursement-Uniform 5519 $7,836.00 Diane L.Renshaw Consulting Ecologist Consulting Services-Pulgas Ridge Trails 5520 $172.77 Dorfman Pacific Field Supplies 5521 $1,041.25 ESRI GIS Maintenance 5522 $457.75 Expanets Telephone System Maint.&Lease 5523 $8,037.83 First Bankcard 369.00-Training&Conf. Exp. 79.96-Internet Services 2163.31-Software&Computer Equipment 2042.43-Field Equip.Supp.&Uniform Exp. 718.27-Subscriptions&Books 2041.06-Furniture 289.60-Office Supplies 334.20-Local Business Meeting 5524 $446.60 Fischer,Tom Reimbursement-Mileage 5525 $153.46 Fitzsimons,Renee Reimbursement-Docent&Nature Center Supplies 5526 $35.51 Foster Brothers Dead Bolt 5527 $68.40 Freeman,Matt Reimbursement-Mileage 5528 $86,95 G&K Service Shop Towel Service 5529 $58.81 Galls Incorporated First Aid Supplies 5530 $1,804.50 Gardenland Power Equipment Field Supplies&Equipment 5531 $1,000.00 Gene Forsburg Forest Property Aerial Photo&Timber Appraisal Appraiser 5532 $15,736.61 General Graphics Exhibits Sign Boards-ECDMC,Windy Hill&Skyline Ridge 5533 $87.40 Ghahremani,Fariba Tuition Reimbursement 5534 $4,629.11 Gilpin Geosciences, Inc. Consulting Services-ECDM&Purisima Creek 5535 $20,000.00 Graphic Arts Center Publishing Printing District Book-First of Three Instalfinents Company Page 1 of 4 � Claims No. 03'07 Meeting 03-0 Date 04/08/03 Revised MidpeniMsuVa Regional Open Space District # Amount Name Description 5536 $206.17 Green Waste Recovery,Inc. Garbage Service 5537 $4.510.00 Himux Construction Management& Construction Management Service'FFO Shop Building Design 5538 $3`314,07 JD Audio Visual Portable Audio System 5539 $378.00 Kem.G,en| Reimbursement'Uniform 5540 $1.500.00 K0my post Control,Inc. Pest Control 554/ $3.926.83 Lab Safety Supply Field Supplies � 55*2 $1.107.18 Loudaum Homeowners Association Corte Madera Bridge Repair'District Portion � 5543 $300.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 5544 %178.00 ^1 L='s/wteoouns VnUonn 5545 $116.00 Le'mAlhanetiuno Uniform 5546 $114.64 Los Altos Garbage Co. Refuse Services | 5547 $94-78 Malone,Brian Roimhuoensnt-Ro|dSupp|y � 5548 $21�06 MCI Long Distance Telephone Service � � 5548 $567.35 MuKwwan.Paul Reimbursement-Event&Volunteer Supplies � 5550 $298.15 MowoMubi|eCommunioatinnm Radio Repairs&Maintenance 5551 $367.36 Miller,Ken Tuition Reimbursement � 5552 $4.887.58 Nolan,Zinn,and Associates Consulting Services-Sierra Azo|&ECDMC � ( 5553 $24.650.00 ## O'Grady Paving,Inc. Pave Skyline Field Office,Shop,uvo,g � 5554 $176.00 Office Team Office Temporary Help'Front Desk 5555 $6.026.00 Old Republic Title Company Title&Escrow'Big Dipper Acquisition � ssos $571.01 Pacific Water Systems Water Supplies-Enterprise Rental � 5557 $129�66 Paterson,Lom Reimbursement-Uniform&Field Office Supplies 5558 $120A9 Peninsula Digital Imaging Printing'Jacques Ridge Staging Area Plans | 555e $80.00 PicchomVYinery Staff Gratuity'Annual Docent Potluck Event � 5560 $23.45 Prodigy Communications Corp. Internet Connection'FFO'Last Payment i 5561 $7.170.41 Rana Creek Habitat Restoration Native Grass,vvi|g Flower Seed,&vvend Treuonom 5502 $16.67 Rancho Hardware&Garden Shop Field Supplies 5563 $64.50 Recreational Equipment,Inc. Uniform 5564 $1.000.00 Remtoo Fence,Inc. Annual Fence Rental'Bear Creek Redwoods 5565 $3.853.12 Resource Strategies,Inc. Aerial Imagery'USGSQuads 5566 $1.13000 Rhun Ridge Associates Rxuo Ridge Road Repair'District Portion 5567 $683.75 Rice Trucking-Soil Farm Delivery Services 5568 $170.00 Richard P.Carr R.P.T. Ergonomic Assessment 5568 $444.96 Roessler,Cindy Reimbursement-Reuaunce Management Supplies � 5570 $11.498A3 Ross Recreation Equipment Co. Recycled Plastic Benches'Rancho San Antonio 5571, g1.491.91 Rpy'n Repair Service Vehicle Repairs 8Som|oe 5572 $20.68 Royal Brass Inc. Field Supply � 5573 $541.60 Sofetyw]oan Oil Recycling&Solvent Tank 557* $4227 San Jose Mercury,News Subscription 5575 %25.56 Sandra Large Videw0,apharGemicea | 5576 %327,33 Sanguinotti.Dev|d Reimbumomant-Vni*znn ' 5577 *830.00 Santa Clara County-Dept.of Env. Permit'Hazardous Material Storage Health 5578 $4.189.00 Soover,Richard DBA Rural Pig Mgmnt Pig Control Services � Page z:/^ � � | / Claims No. 03-07 Meeting 03-08 Date 04/09/03 Revised Midpeninsula Regional Open Space District # Amount dame Description 5579 $1,357.28 Steven Warren Singer Christmas Tree Farm Restoration-Skyline 5580 $1,449.01 Stevens Creek Quarry,Inc. Base Rock 5581 $3.100.00 Strong Associates Consulting Services-EIR 5582 $492.56 Summit Uniforms Uniform Expense 5583 $107.68 Tadco Supply Janitorial Supplies 5584 $30.91 Target Specialty Products Field Supplies 5585 $5,223.50 Timothy C.Best,CEG Consulting Services-Road Assessment/ECDM&Pulgas Ridge 5586 $5,63 United Parcel Service Parcel Shipping 5587 $2,988.13 United Rentals Highway Tech. Regulatory Signs&Supplies 5588 $758.24 United Rentals Northwest,Inc. Equipment Rental 5589 $237.50 Valley Tree Care Tree Removal-Thomewood Preserve 5590 $51.34 Verizon Pager Service 5591 $100.00 Vu,Douglas Membership Reimbursement-ASLA 5592 $1,255.32 West Coast Aggregates,Inc. Base Rock for Former Handbaii Court-RSA 5593 $4,247.20 Westfali Engineers,Inc. Boundary Survey-Bear Creek Redwoods 5594 $600.00 Wolfe,Roberta Recording Services 5595 $225.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 5596 $203.10 Workingman's Emporium Uniforms 5597 R $45.11 Accent&Artech Lamination Supplies 5598 R $1,247.60 Allied Auto Works Vehicle Service and Repairs 5599 R $73.80 ANG Newspapers Legal Advertisement 5600 R $28.66 AT&T Telephone Service 5601 R $5,521.98 Big Creek Lumber Lumber-Ham&Paulin Property 5602 R $192.97 Carter industries Truck Parts 5603 R $408.45 Cascade Fire Equipment Company Field Supplies 5604 R $338.28 Costanoa Coastal Tour Meeting Expense 5605 R $87.09 G&K Service Shop Towel Service 5606 R $68.52 Goodco Press Inc. Business Cards 5607 R $2 546.30 Home Depot,Inc. Field Supplies&Equipment P PP 5608 R $2,000.56 HortSclence,Inc. Consulting Services-Bay Tree Evaluation-RSA 5609R $1,367.36 Indoff Incorporated Furniture 5610 R $78.68 Langley Hill Quarry Rock for Silva Resident Driveway 9 Y rY / 5611 R $346.61 Los Altos Garbage Co. Refuse Services 5612 R $862.50 Orchard Supply Hardware Field Equipment&Supplies 5613 R $162.40 Pacific Bell Telephone Service 5614 R $345.29 Panko Architects Architectural Service-FRO Shop Facility 5615R $1,769.89 Peterson Tractor,Co. Mini Excavator 5616 R $370.67 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 5617 R $1,000.00 Public Employee's Retirement System Actuarial Studies 5618 R $525.53 Ray L_Heilwig Services,Co.,Inc. HVAC Maintenance-Admin.Office&Tenant Space 5619 R $36.13 Rayne Water Conditioner Rental 5620 R $3,000.00 Reserve Account Postage-Postage deter i Page 3 of 4 Claims No. 03-07 Meeting 03-08 Date 04/09103 Revised Midpeninsula Regional Open Space District # Amount Name Description 5621 R $855.00 Rich Voss Trucking,Inc. Base Rock Delivery Charges 5622 R $168.87 Safety Kleen Oil Recycling 5623 R $409.17 San Jose Water Company Water Service 5624 R $1,474.00 San Mateo Co.Planning&Building Div. Permit Fee-Old Page Mill Trail Repair Project 5625 R $150.11 Skyline County Water District Water Service 5626 R $100.00 Sommer,Sandy Reimbursement-Membership Dues 5627 R $421.95 Summit Uniforms Uniform Expense 5628 R $132.07 University Art Office Supply 5629 R $106.52 West Coast Aggregates,Inc. Base Rock for El Corte de Madera 5630 R $344.49 West Group On-Line Legal Services 5631 R $424.06 Workingman's Emporium Uniforms Total $206,549.90 .1 Urgent Check Issued 3128/03 ## Expenditure to Date Exceeds I OK But Not 25K Page a of 4 Regional Open ; ice 1 R-03-42 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-09 April 23, 2003 i AGENDA ITEM 1 AGENDA ITEM Authorization to Execute a Contract with Joseph J.Albanes ,1nc. for Construction of a Parking and Staging Area at the Jacques Ridge Entrance to Sierra Azul en Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a contract with Joseph J. �Ibanese, Inc. of Santa Clara for the P bid amount of$105,914,plus a contingency amount of up to$15,886, for a total amount not to exceed $121,800 for construction of a parking and staging area at the Jacques Ridge entrance to Sierra Azul Open Space Preserve. DISCUSSION At your October 9, 2002 meeting,you rejected all bids received on September 10,2002 and authorized staff to solicit new bids for construction of the Jacques Ridge Staging Area at Sierra Azul Open Space Preserve(see Report R-02-107). The project includes the construction of a 14-car parking lot, a wheelchair-accessible pit toilet restroom, a trailhead with stiles and signage, and a segment of a short trail that will lead preserve users along the shoulder of Mt.Umunhum Road to a future trail crossing at the intersection of Mt. Umunhum and Hicks Roads. i A pre-bid meeting was held at the project site on March 27, 2003 that was attended by interested contractors. Sealed bids were due on April 4, 2002 and five bids were received, summarized as follows: Bidder Location Total Bid 1. Joseph J. Albanese,Inc. Santa Clara $105,914 I 2. El Camino Paving, Inc. Mountain View $113,444 3. ESR Construction, Inc. San Jose $115,129 4 T.K.O. General Engineering and Woodside $115,940 Construction Inc. 5. William G. Blomquist, Inc. Santa Clara $123,625 Documents in the Bid Package state, "The contract will be awarded to the bidder determined to be the lowest responsible and responsive bidder." Having reviewed the bidders' qualifications and the Bid Proposal, staff recommends awarding the contract to Joseph J. Albanese,Inc., the lowest responsive and responsible bidder. 330 Distel Circle i Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650 691-0485 • E-mail mrosdQopenspace.org Web site:www.openspace.org ' C1.AEE ST Board of Directors:Pete Siemens,Mary C.Davey,,led Cyr, Deane Little, Nanette Hanko,Larry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton i R-03-42 Page 2 The Bid Proposal includes sufficient equipment and labor to construct the project as described above. The costs for any additional work will be controlled by unit prices established during the bidding process. The contingency allowance of$15,886 is fifteen (15)percent of the bid and is expected to cover the cost of any additional services determined to be necessary by the District that are not identified in the original scope of work for this contract. Staff recommends that the amount of funding required for these potential additions be authorized on a"not-to-exceed"basis. Staff anticipates the project will be completed by mid-September,pending the receipt of a grading and building permit from Santa Clara County. Notification of this project will be posted on the District's website and signs will be installed on site at Sierra Azul Open Space Preserve to inform the public of the activities of the project. Fundin At your March 26, 2003 meeting,you adopted the fiscal year 2003-2004 budget that included$157,000 to construct the Jacques Ridge Staging Area(see Report R-03-34). CEQA COMPLIANCE At your November 14, 2001 meeting,you determined that this project was identified for implementation in Santa Clara County Department of Parks and Recreation's Almaden Quicksilver County Park Master Plan and its adopted Negative Declaration(see Report R-0I-127). Prepared by: Douglas Vu,ASLA, Open Space Planner I Contact Person: Same as above Regional Open ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-44 Meeting 03-09 April 23, 2003 AGENDA ITEM 2 AGENDA ITEM Proposed Addition of the Remaining Undivided One-Third Interest in Santa Clara County Assessors Parcel Numbers 351-13-021, 351-13-022, and 351-15-020�(Mitchell), as an Addition to Monte Bello Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing purchase of a remaining one-third interest in the Mitchell property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Monte Bello Open Space Preserve. 4. Indicate your intention to withhold dedication of the property as public open space at this time. INTRODUCTION The District has the opportunity to acquire the remaining one-third interest in the Mitchell property after acquiring a two-thirds interest in the property approximately one year ago (see Report R-02-63). Since the initial acquisition was completed, staff has proceeded to negotiate with the owner of the remaining private interest while, at the same time, securing the site and closely monitoring for any development of roads, homesites, and other infrastructure that may potentially damage the natural resources. DESCRIPTION (see attached map) The 35.64-acre Mitchell property is located in Stevens Creek Canyon and adjacent to the Monte Bello Open Space Preserve. Bordering Stevens Canyon Road and including a portion of Stevens Creek, the property ascends steeply up the south side of Monte Bello Ridge. An unsurfaced driveway extends the length of the property providing trail access up to the southeast corner of Monte Bello Open Space Preserve where there is a prominent hilltop offering panoramic views of Stevens Creek and Sanborn Canyons from Skyline-Sanborn County Park northward to Skyline Ridge and Russian Ridge Open Space Preserves. The Stevens Creek Trail,jointly proposed by the County of Santa Clara and the District to connect Lower Stevens Creek County Park to Upper Stevens Creek County Park and Monte Bello Open Space Preserve, is planned in the vicinity of the property. Besides valuable trail 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 ftmr—= ® E" 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-03-44 Page 2 opportunities, acquisition of the property will provide for protection of an attractive segment of Stevens Creek and valuable wildlife habitat, including an attractive open oak woodland community situated on a nearly level plateau near the center of the property. The Mitchell property is comprised of three contiguous parcels that are bounded by Stevens Canyon Road to the south, Monte Bello Open Space Preserve to the north, and private properties to the east and west. In May 2001, the District acquired a portion of the Lobner property lying directly to the west and holds a right of first refusal for the remaining portion (see Report R-01-31). Upper Stevens Creek County Park is located approximately 1/10`"mile to the west of the property. Vehicular access is provided from Stevens Canyon Road, a County maintained paved road that is gated within the property, preventing public vehicular traffic through the west end of the road and onto the adjacent Lobner Property. The property's rugged south-facing slopes climb nearly 600 feet in elevation from Stevens Creek up to the vista point in the northeast corner. The diverse landscape ranges from a densely wooded riparian corridor along Stevens Creek where there are very large Sycamore trees to an open oak woodland community near the middle of the property and transitioning to chaparral on the steep slopes extending up to the northern boundary. A second riparian corridor follows a deep ravine from the southwest corner of the property up towards the edge of the oak woodland. To the east of the ravine, the unsurfaced driveway switches back and forth up the hill, connecting from Stevens Canyon Road to a graded homesite at the northeast corner. The upper portion of the road is extremely steep, badly constructed, and highly eroded. Other grading has occurred near the center of the property where two additional homesites and roads were planned in the oak woodland; one of the roads was graded onto the adjacent private property but it is closed off and overgrown. A well was installed adjacent to Stevens Canyon Road and has been enclosed with a chain link fence. USE AND MANAGEMENT Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160-acre minimum lot size based upon a slope density formula. The property is comprised of three legal parcels and has a potential density of three residential sites. Residential development of the central portion of the property would be feasible due to close-in access and an existing driveway as compared to the northernmost parcel where access is extremely difficult due to steep hillsides. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. R-03-44 Page 3 Patrol: Routinely patrol the property. Signs: Install preserve boundary signs where appropriate. Improvements: Install gate and fencing at driveway access at Stevens Canyon Road. Debris Removal: Remove debris located in the lower ravine above Stevens Canyon Road. Name: Name the property as an addition to the Monte Bello Open Space Preserve. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CEQA COMPLIANCE Project Description The project consists of the acquisition of a remaining one-third interest in a 35.64-acre property as an addition to the Monte Bello Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the Monte Bello Open Space Preserve. The land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Sections 15316, 15317, 15325, 15330 and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer the remaining one-third fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Monte Bello Open Space Preserve. R-03-44 Page 4 This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS &CONDITIONS i The purchase price of this undivided one-third interest in this 35.64-acre property is $375,000.00. The property consists of three separate, legal parcels with the potential for three building sites; therefore, this proposed purchase of a one third interest equates to a value of$375,000 per building site. At one time this property was listed at $500,000 per building site or$1,500,000 for the full interest. Last April, the District approved the first two thirds interest in the property for$618,000 (or$309,000 per building site.) Therefore, all interest in this 35.64-acre property are being acquired for a total of $993,000 or$331,000 per building site or approximately$28,000 per acre. The total District purchase price for this transaction is payable in cash at the close of escrow. The purchase price of this one-third interest is considered fair and reasonable in this market area. A judgment lien has been recorded against the property by the U.S. Government in the amount of $374,916.36. A condition of the Purchase Agreement requires the Seller to satisfy and remove this lien prior to close of escrow. BUDGET CONSIDERATIONS 2003-2004 Budget for Land Acquisition $15,000,000 New Land Purchased this year 0 Mitchell Property (375,000) Acquisition Budget Remaining $14,625,000 Controller M. Foster was consulted on this proposed acquisition and has indicated that, considering cash flow and account balances funds are available for this property purchase. p PUBLIC NOTIFICATION n located adjacent to or surrounding the subject roe have been mailed Property owners of land o � g � property rty written notices of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative RESOLUTION 03- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT-BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(MONTE BELLO OPEN SPACE PRESERVE—LANDS OF MITCHELL) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: i Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between William J. Mitchell and Carolina Mitchell,as joint tenants and Trustees of the Mitchell 1991 Revocable Living Trust, dated October 31, 1991 and Midpeninsula Regional Open Space District,a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and other transactional documents which do not involve any material change to any term of the Agreement or other transactional documents,which are necessary or appropriate to the closing or implementation of this transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance escrow fees and other miscellaneous costs related to this transaction. Section Five. It is intended,reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$375 000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been,or are reasonably expected to be,reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. i 1/3 Aterest Mitchell Proptrty Monte Bello Open Space Preserve 1/3 Interest Mitchell Property Former Lobner Property ■ f- o n e ve at y Sa ti " i °n t r� �f � -- en c rg '--- LOCAL MAP 0 500 1000 Feet PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between WILLIAM J. MITCHELL AND CAROLINA MITCHELL, as joint tenants, and WILLIAM J. MITCHELL AND CAROLINA R. MITCHELL, TRUSTEES OF THE MITCHELL 1991 REVOCABLE LIVING TRUST, established October 31, 1991 hereinafter collectively called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of an undivided 33.33% interest in certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement, hereinafter referred to as the "Subject Property"; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District currently owns an undivided 66.67% interest in the Subject Property and District desires to purchase Seller's remaining undivided 33.33% interest in the Subject Property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey all of Seller's right, title and interest in the Subject Property to District so that District owns an undivided 100% fee interest in the Subject Property, and District wishes to purchase said property interest upon the terms and conditions set forth herein. WHEREAS, Seller wishes to sell and convey said property interest to District, and District wishes to purchase said property interest upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's undivided 33.33% fee interest in that certain real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately Thirty Five and Sixty Four Hundredths (35.64) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Numbers 351-13-021, 351- Purchase Agreement Page 2 13-022 and 351-15-020. Said property is further described in the Legal Descriptions attached to the Preliminary Report number 840050, dated February 6, 2003 from First American Title Company. A COPY of said Preliminary Report is attached hereto as Exhibit "A", and incorporated herein by this reference. Said property interest is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. Seller's undivided 33.33% interest in the said real property interest and appurtenances shall hereinafter be called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Three Hundred Seventy Five Thousand and No/100 Dollars ($375,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 12 herein, an escrow shall be opened at First American Title Company, 161 South San Antonio Road, Suite 5, Los Altos, CA 94022, (650) 941-3523 (Escrow number 840050) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before June 30, 2003; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. B. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". D. District shall deposit into the escrow, on or before the Closing: Purchase Agreement Page 3 (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount Three Hundred and Seventy Four Thousand and No/100 Dollars ($374,000.00) which is the balance of the Purchase Price of Three Hundred Seventy Five Thousand and No/100 Dollars ($375,000.00), as specified in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 12 of this Agreement. E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Seller shall cause First American Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $975,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exceptions 9, 12 and 13 as listed in Preliminary Report No. 840050 dated February 6, 2003; (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. In addition to Seller's duty to deliver title to District as described above, it is expressly understood and agreed that a precondition to the District's obligation to close escrow shall be the removal of the following title exception: title exception 8 as listed in Preliminary Report No. 840050 (ABSTRACT OF JUDGMENT, United States District Court, Eastern District of California Case Number: S-92-995-DFL-JFM), such that District shall take title to the Property free and clear of this exception. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3.E, and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. I Purchase Agreement Page 4 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. In the event this Agreement is terminated and escrow is canceled due to Seller's failure to fulfill its obligations under this Agreement, the One Thousand and No/100 Dollars ($1,000.00) paid into escrow, in accordance with Section 12 herein, shall be returned to the District. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. C. Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from Purchase Agreement Page 5 and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) B. Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) To Seller's knowledge the Property does not contain and has not previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled, generated, stored, treated, discharged, present, buried or disposed of on, under or about the Property, or transported to or from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing; (ii) Seller has not received any notice and Seller has no actual knowledge that any private person or governmental authority or administrative agency or any employee or agent thereof has determined, alleged or commenced or threatened to commence any litigation, or other proceedings, to determine that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste, nor has Seller received any communication from any such person or governmental agency or authority concerning any Purchase Agreement Page 6 such matters. 9. Waiver of Relocation Benefits and StatutoKy Compensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91- 646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246- 256) (42 U.S.C. -4601 et seq.), and the California Relocation Assistance Act, Government Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there under and to any other compensation, except as provided in this Agreement. Seller has been advised as to the extent and availability of such benefits, procedures, notice periods, and assistance, and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement, including the fair market value of said Property as provided for by said Federal Law and any corresponding California Government Code Sections. 10. Charitable Contribution. District and Seller acknowledge that Seller may seek to characterize and treat this sale as being in whole or in part a charitable contribution to District. District expresses no opinion as to whether Seller will receive any deduction for federal or state income tax purposes as result of this transaction. Seller acknowledges and agrees that Seller is relying solely upon the advice of its own attorneys, accountants and other professional advisors with respect to all such matters, and to the tax consequences of this Agreement in general. Without limitation of the foregoing, if such contribution is not deductible for federal and state income tax purposes, in whole or in part, such non- deductibility or non-treatment will not relieve Seller of any of its obligations under this Agreement or otherwise affect this Agreement in any way or require the payment of any additional or substitute consideration by District for the purchase of the Subject Property or entitle Seller to any remedies against District as a result thereof. District agrees to provide Seller with an executed IRS Form 8283 as evidence of the purchase price accepted by Seller thereunder. 11. Miscellaneous Provisions. A. Access for Investigations. From the date Seller delivers an executed copy of this Purchase Agreement to District and until the Closing, District and District's agents, lender, contractors, engineers, consultants, employees, subcontractors and other representatives (the "District Parties") may, upon the giving of reasonable advance written notice to Seller, enter upon the Property for the purpose of inspecting, testing and evaluating the same; provided, however, that District may not perform any work on the Property without Seller's prior written consent, which shall not be unreasonably withheld or delayed and further provided that District shall give Seller at least 24 hours prior notice of each proposed entry by District. District shall indemnify, protect, defend and hold Seller free and harmless from and Purchase Agreement Page 7 against any and all claims, actions, causes of action, suits, proceedings, costs, expenses (including, without limitation, reasonable attorneys fees and costs), liabilities, damages, and liens caused by the activities of District Parties while upon the Property prior to the Closing; provided, however, the foregoing indemnity shall not cover or include any claims, damages or liens resulting from District's discovery of any Hazardous Substance or other pre-existing adverse conditions pursuant to its inspections, testing or evaluation. District's inspections shall be at District's sole expense. District shall repair any damage to the Property that may be caused by the District Parties while on the Property performing its inspections. B. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. C. Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. D. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance, including execution of any documents which may allow Seller to accomplish a tax deferred exchange of property as permitted by law; provided, however that the District shall not take title to any third party property other than the subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. E. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of an of the terms of this Agreement. The exercise or partial exercise of any right, Y g power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. Purchase Agreement Page 8 F. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: William & Carolina Mitchell 1287 B. Arizona Street Redding, CA 96002 (530) 223-4945 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 (650) 691-0485 (FAX) If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. G. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. H. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or Purchase Agreement Page 9 together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. I. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. J. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. K. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. L. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. M. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. N. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. O. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. P. Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses damages, claims causes of action or proceedings which may result from an broker, g P g Y Y agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. Q. Captions. Captions are provided herein for convenience only and they Purchase Agreement Page 10 form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. R. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. S. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. Hearings shall be held in Santa Clara or San Mateo County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE AARBITRATION OF DISPUTES@ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. SELLER INITIAL,_ 7 t-� DISTRICT INITIAL 12. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before April 18, 2003, District shall have until midnight May 28, 2003 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. As Purchase Agreement Page 11 consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement Page 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SEL ER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT kl', William J. Mitqgll ACCEPTED FOR RECOMMENDATION Date: C Michael C. Williams, Real Property !i' r. Ll,eZ Representative Carolina Mitchell Date: APPROVED AS TO FORM: i`✓ �^ Susan M. Schectman, General Counsel William J. Mitc1q, Trustee of The Mitchell 1991 Revocable Living Trust, established October 31, 1991 RECOMMENDED FOR APPROVAL: Date: ," G . t2 L. Craig Britton - c /e General Manager Carolina R. Mitchell, Trustee of The Mitchel11991 Revocable Living Trust, established October 31, 1991 APPROVED AND ACCEPTED: Date: President, Board of Directors ATTEST: District Clerk Date: Ore -nber: 4316-8400SO Pi nber: I UPDATE I M First American Title 161 South San Antonio Road, Suite 5 Los Altos, CA 94022 Mike Williams MiclPininsula Regional Open Space 330 Distel Drive Los Altos, CA 94022 Phone: (650) 691-1200 Escrow Officer: Alexis Winslow Phone: (650) 941-3523 Title Officer: Bill Payne Owner: Mitchell, et al In response to the above referenced application For a policy of title insurance,this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set fcr-h, insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached.Copies of the Policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully,The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. This report(and any supplements or amendments hereto')is issued solely for the purpose of facilitating the issuance of 3 policy of t;tle insurance and no iiability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title C lumber. 4316-840050 amber. 2 Dated as of February 10, 2003 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Standard Owners w/Reg Exc 1992 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: William J. Mitchell and Carolina R. Mitchell, Trustees of The Mitchell 1991 Revocable Living Trust established October 31, 1991, as to an undivided 1/3 interest and Midpeninsula Regional Open Space District, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of California Public Resources Code, as to an undivided 2/3 interest, as to Parcel One and William 3. Mitchell and Carolina R. Mitchell, his wife as joint tenants, as to an undivided 1/3 interest, Midpeninsula Regional Open Space District, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of California Public Resources Code, as to an undivided 2/3 interest as to Parcels Two and Three The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for h fiscal a - r is o t e year 2003 2004 a lien not et due o pY � Y payable. 2. General and special taxes and assessments for the fiscal year 2002-2003. First Installment: $12858, DELINQUENT Penalty: $12.85 Second Installment: $128.58, DUE Penalty: $0.00 Tax Rate Area: 85 002 A. P. No.: 351-13-021 i First American Tit/e Or -nber: 4316-840050 Pa._ mber: 3 3. General and special taxes and assessments for the fiscal year 2002-2003. First Installment: $128.58, DELINQUENT Penalty: $12.85 Second Installment: $128.58, DUE Penalty: $0.00 Tax Rate Area: 85 002 A. P. No.: 351-13-022 4. General and special taxes and assessments for the fiscal year 2002-2003. First Installment: $201.19, DELINQUENT Penalty: $20.11 Second Installment: $201.19, DUE Penalty: $0.00 Tax Rate Area: 85 002 A. P. No.: 351-15-020 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 6. An easement for 50' Easement and incidental purposes in the document recorded December 12, 1961 as Book 141 of Maps, page 13 . 7. An easement for ingress and egress and incidental purposes in the document recorded July 7, 1965 as Book 7021, page 743 of Official Records, Affects Parcel One, the exact Nation not disclosed 8. A certified copy of a judgment or an abstract thereof, recorded June 1, 1993 as Book M808, page 353 of Official Records. Court: United States District Court, Eastern District of California Case No.: 5-92-995-DFL-JFM Debtor: William J. Mitchell and Carolina R. Mitchell Creditor: United States of America Amount: $1,082,000,15, and any other amounts due thereunder. 9. Rights of the public in and to that portion of the land lying within Stevens Canyon Road. I I First American Ttle C lumbe-: 4316-840050 4umber: 4 10* Prior to the issuance of any policy of title insurance, the Company will require: With respect to Midpeninsula Regional Open Space District, a corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile, b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 11. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as William and Carolina Mitchell. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information. 12. Any water rights or claims or title to water in or under the Land. 13. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water, INFORMATIONAL NOTES III 1. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded June 23, 2002 as Document No. 16335390 of Official Records. From: Robert H. Leonard, a single man To: David L. Ham and Jayne Yeh Ham,Trustees of The Ham Family Living Trust, dated December 9, 2000 A document recorded June 28, 2002 as Document No. 16335391 of Official Records. From: David L. Ham and Jayne Yeh Ham, Trustees of The Ham Living Trust, dated December 9, 2000, as to an undivided two-third (2/31 interest To: Midpeninsula Regional Open Space District, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Pubi;lc Resources Ccde Collect $10,00 (per parce!) user fee for each Grant Deed for County Monument Preservation Fund. 3. SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand based on equity transferred. First Amefic3n Title Or rber: 4316-940050 P, rber: 5 4. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 1101 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 17455 Stevens Canyon Road, Cupertino, California, 95014. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First Ameficc?.i7 Title 14umber: 4316-840050 Number 6 LEGAL DESCRIPTION Real property in the unincorporated area of the County of Santa Clara, State of California, described as follows: Parcel One: Beginning at a one inch iron pipe set at the Northeast corner of the Northwest quarter of the Northeast quarter of Section 31,Township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along the East line of the Northwest quarter of the Northeast quarter of said Section 31, South 1320.00 feet to a 2" x 2" burnt stake at the Southeast corner of the Northwest quarter of the Northeast quarter of said Section 31; thence along the Southerly line of the Northwest quarter of the Northeast quarter of said Section 31, North 890 17' West 931.72 feet to a one inch iron pipe at the Southerly terminus of the line dividing lands formerly of Alvin B. Carr, et ux, and lands formerly of R. F. Schomberg, et al, as said dividing line was established by Judgment made in the Superior Court of the State of California in and for the County of Santa Clara, on August 1, 1949 in that certain action entitled, "Alvin S. Carr and Effie C. Carr, his wife, Plaintiffs, vs R. F. Schomberg, et ai, Defendants, Case No. 68372, a certified copy of which Judgment was recorded February 16, 1953 in Book 2081 of Official Records, page 504 Santa Clara County Records; thence along said dividing line was established by said Judgment, North 1317.83 feet to an iron pipe at the Northerly terminus of said dividing line in the Northerly line of said Section 31; thence along the Northerly line of said Section 31, South 891 25' East 931.70 feet to the point of beginning and being a portion of the Northwest quarter of the Northeast quarter of said Section 31,Township 7 South, Range 2 West, Mount Diablo Base and Meridian, and being a portion of that certain parcel of land designated Parcel "A" on the map of Record of Survey on file in the office of the Recorder of the County of Santa Clara State of California, in Book 141 of Maps, at page 13. Excepting therefrom the following described parcel: Beginning at a one inch iron pipe set at the Northeast corner of the Northwest quarter of the Northeast quarter of Section 31,Township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along the East line of the Northwest quarter of the Northeast quarter of said Section 31, South 660.00 feet; thence Northwest to a point on the line dividing lands formerly of Alvin B. Carr, et- ux, and lands formerly of R. F. Schomberg, et al, as said dividing line was established by Judgment made in the Superior Court of the State of California in and for the County of Santa Clara, on August 1, 1949 in that certain action entitled, "Alvin B. Carr and Effie G. Carr, his wife, Plaintiffs, vs. R. F. Schomberg, et al, Defendants", Case No. 68372, a certified copy of which Judgment was recorded February 16, 1953 in Book 2581 of Official Records, page 504, Santa Clara County Records, which bears South 658.92 feet from an iron pipe at the Northerly terminus of said dividing line in the Northerly line of said Section 31; thence along said dividing line was established by said Judgment, North 658.92 feet to an iron pipe at the Northerly terminus of said dividing line in the Northerly line of said Section 31; thence along the Northerly line of said Section 31, South 890 25' East 931.70 feet to the point of beginning, and being a portion of the Northwest quarter of the Northeast quarter of said Section 1.1,Township 7 South, Range 2 West, Mount Diablo Base and Meridian and being a portion of that certain parcel of land designated Parcel A on the map of Record of Survey on file in the office of the Recorder cf the County of Santa Clara, State of California, in Book 141 of Maps, at page 13, First American Title umber: 4316-840050 Paye Number: 7 Parcel Two: BEGINNING at a one inch iron pipe set at the Northeast corner of the Northwest quarter of the Northeast quarter of Section 31,Township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along the East line of the Northwest quarter of the Northeast quarter of said Section 31, South 660.00 feet; thence Northwest to a point on the line dividing lands formerly of Alvin B. Carr, et ux, and lands formerly of R.F. Schomberg, et al, as said dividing line was established by Judgment made in the Superior Court of the State of California in and for the County of Santa Clara, on August 1, 1949 in that certain action entitled, "Alvin B. Carr and Effie G. Carr, his wife, Plaintiffs, vs. R.F. Schomberg, et al, defendants", Case No. 68372, a certified copy of which Judgment was recorded February 16, 1953 in Book 2581 of Official Records, page 504, Santa Clara County Records, which bears South 658.92 feet from an iron pipe at the Northerly terminus of said dividing line in the Northerly line of said Section 31; thence along said dividing line as established by said Judgment, North 658.92 feet to an iron pipe at the Northerly terminus of said dividing line in the Northerly line of said Section 31; thence along the Northerly line of said Section 31, South 890 25' East 931.70 feet to the point of beginning, and being a portion of the Northwest quarter of the Northeast quarter of said Section 31,Township 7 South, Range 2 West, Mount Diablo Base and Meridian and being a portion of that certain parcel of land designated Parcel A and the Map of Record of Survey on file in the Office of the Recorder of the County of Santa Clara, State of California in Book 141 of Maps, at page 13. We note but do not insure: An easement for the purpose for ingress and egress over a strip of land 50 feet in width running in a Northerly direction from Stevens Creek Canyon Road to the Southerly boundary line thereof. Parcel Three: Beginning at a 2" x 2" burnt stake at the Northeast corner of the Southwest quarter of the Northeast quarter of Section 31,—township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along the East line of the Southwest quarter of the Northeast quarter of said Section 31, South 709.09 feet to a one inch iron pipe at the intersection thereof with the center line of Stevens Creek Canyon Road, also known as Stevens Creek Road; thence along the center line of Stevens Creek Canyon Road North 670 32' 30" West 230.25 feet to a one inch iron pipe; thence North 310 19' 45" West 261.68 feet to a one inch iron pipe; thence North 620 06' 30" West 386.60 feet to a one inch iron pipe; and thence North 280 53' 20" West 259.45 feet to a one inch iron pipe on the Northerly line of the Southwest quarter of the Northeast quarter of said Section 31; thence leaving Stevens Creek Canyon Road and running along the Northerly line of the Southwest quarter of the Northeast quarter of Section 31 South 890 17' East 816.05 feet to the point of beginning, being a portion of the Southwest quarter of the Northeast quarter of Section 31,Township 7 South, Range 2 West, Mount Diablo Base and Meridian, and being that certain parcel of land designated Parcel "B" on the Map of Records of Survey on file in the office of the Recorder of the County of Santa Clara, State of California in Book 141, page 13 of Maps. APN: 351-13-021, 022; 351-15-020/ARB: 351-15-20 ,firStAmer�:x7 77,Ie Regional Open ," ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-43 Meeting 03-09 April 23, 2003 AGENDA ITEM 3 AGENDA ITEM Adoption of the Santa Clara County Operational Area Disaster Response and Recovery Interim Agreement and the California Master Mutual Aid Agr ement GENERAL MANAGER'S RECOUMQMATION Adopt the attached Resolution adopting the Santa Clara County Operational Area Disaster Response and Recovery Interim Agreement and the California Master Mutual Aid Agreement. I BACKGROUND Following the 1991 East Bay Hills firestorm, new legislation and subsequent State regulations assigned responsibility for developing an intermediate level of emergency services management to local boards of supervisors. In 1995, the Santa Clara County Board of Supervisors approved an interim agreement that had been accepted by 15 cities within the County, fulfilling its responsibility to develop a local Operational Area Emergency Management Organization. Unfortunately, in 1995 the sixty-plus special districts within Santa Clara County were overlooked in developing this Operational Area. DISCUSSION Midpeninsula Regional Open Space District, as well as the other special districts in Santa Clara County, has been invited at this time by the Santa Clara County Office of Emergency Services to join the Operational Area Emergency Management Organization. The District Board must adopt the attached Resolution to join the Operational Area Emergency Management Organization (Attachment A), which in effect will also adopt the 1995 Santa Clara County Operational Area Disaster Response and Recovery Interim Agreement (Attachment B) and the 1950 California Master Mutual Aid Agreement(Attachment Q. The 1995 Interim Agreement and the 1950 Master Agreement are still in use as the most current agreements that guide disaster mutual aid planning and response in Santa Clara County. Adoption of the attached resolution will establish a cooperative relationship between the District and other governmental agencies with the following features: • It is a partnership for exchanging information andpr ocessing official mutual aid requests during any type of disaster. However, honoring a request for mutual aid is always voluntary; 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 � PEEST 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-0343 Page 2 • It provides a process to report all disaster related damages and to insure eligibility for State and Federal disaster relief programs; • It provides mandated limits on liability and eligibility for workers' compensation coverage when mutual-aid is provided; however, it does not insure reimbursement for assistance to other agencies; • It allows for cooperative training at no cost to the participating agencies; • No monetary compensation is required of participants to be members of the Operational Area Organization; • It does not affect pre-existing or future mutual assistance agreements between the District and another public agency; • The State's Standardized Emergency Management System regulations and guidelines guide the policies and procedures of the organization; and • The County Director of Emergency Preparedness is responsible for assuring the representation of all affected jurisdictions in decision making before, during, and after a disaster occurs. By County ordinance, the Emergency Preparedness Council serves as the Santa Clara County Operational Area Council with governing body authority to carry out the responsibilities of reviewing and approving policies and procedures for the Operational Area Emergency Management Organization. Special districts are not currently represented on the Council; however, the Council is exploring ways to provide for special district representation in the future. Participation in the Operational Area Organization will demonstrate the District's commitment and value to the community beyond our primary mission of open space preservation, while providing the staff with additional training opportunities. In the event of a disaster, it permits the District to share the resources of its capable staff and specialized equipment under the protections of the attached agreements. Participation will also insure that future District catastrophic losses due to earthquake, flood, or other natural or manmade disasters will be included in determining the disaster relief needs of the area. Upon Board adoption of the attached resolution, staff will immediately begin work on implementation of the mutual aid agreements by providing the Santa Clara County Office of Emergency Services with an order of succession for a representative of the District in an emergency and identifying a day-to-day point of contact for emergency management-related information. Staff will also be pursuing District participation in the San Mateo County Operational Area Organization. Prepared by: John Escobar, Assistant General Manager Contact person: Same as above Attachment A RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE DISTRICT TO ENTER INTO AN OPERATIONAL AREA INTERIM AGREEMENT WITH THE COUNTY OF SANTA CLARA WHEREAS, the potential for a major catastrophe due to natural or human-caused disaster causes all government entities within Santa Clara County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public welfare; and WHEREAS, greater efficiency and disaster preparedness, response, recovery, and mitigation can be achieved by joining the efforts of the County of Santa Clara, its cities, special districts, and other public benefit non-profit corporations together in pre-disaster agreements; and WHEREAS, the California Emergency Services Act makes reference to the"operational area" and defines it as"an intermediate level of the state emergency services organization" created to perform extraordinary functions for local governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information, and assisting in the efficient management of resources; and V4MREAS,the sharing of resources in an emergency among public agencies is coordinated under the auspices of the California Mutual Aid Agreement; BE IT RESOLVED, that the Midpeninsula Regional Open Space District adopt the Santa Clara County Operational Area Disaster Response and Recovery Interim Agreement, as it was approved by the Santa Clara County Board of Supervisors on April 24, 1995; and BE IT RESOLVED,that the Midpeninsula Regional Open Space District adopt the California Mutual Aid Agreement; and BE IT FURTHER RESOLVED,that the General Manager designate, in writing, the following: 1) A person who will be provided training and orientation to the emergency management procedures so that he/she may represent the district to the Operational Area Disaster Response and Recovery Organization; and 2) A line of succession of officials (minimum of three persons)who are empowered to represent the district to the Operational Area Disaster Response and Recovery Organization, and BE IT FURTHER RESOLVED,that the General Manager provide this information to the Santa Clara County Operational Area Disaster Response and Recovery Organization within thirty(30) days of adoption of this resolution. Attachment B SANTA CLARA OPERATIONAL AREA OPAREA INTERIM AGREEMENT SANTA CLARA COUNTY OPERATIONAL AREA DISASTER RESPONSE AND RECOVERY ORGANIZATION INTERIM AGREEMENT This Agreement is made this 25th. day of April, 1995 by and between the County of Santa Clara, ("COUNTY"), Special("DISTRICTS"), and the jurisdictions of Campbell, Cupertino, Gilroy,Los Altos,Los Altos Hills,Los Gatos,Milpitas,Morgan Hill,Monte Sereno,Mountain View,Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale, ("CITIES"). RECITALS WHEREAS the potential for a major catastrophe due to earthquake, flood, or other natural or manmade disaster causes all governmental entities within Santa Clara County to be prepared to share resources and information among themselves as well as with the State of California in order to protect the public welfare; and WHEREAS greater efficiency in mitigation,planning, response and recovery can be achieved by joining the efforts of the CITIES,DISTRICTS, and the COUNTY together in pre-disaster agreements; and WHEREAS California Government Code §§ 8559, 8605,and 8607 define an Operational Area as an intermediate level of the state emergency services organization consisting of a county and all political subdivisions within the county area and establishes the Standardized Emergency Management System ("SEMS")to perform coordinated disaster response and recovery operations by providing a focal point and conduit for disaster intelligence information,mutual aid requests and efficient management of resources; and WHEREAS,because California Government Code 8607 does not require local governments within a county geographic area to be organized into a single operational area until December 1, 1995,the parties recognize the need for a temporary agreement to provide an interim disaster response and recovery organization until a formal operational area agreement is developed and implemented; NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. RECOGNITION OF AND PARTICIPATION IN AN OPERATIONAL AREA FOR DISASTER RESPONSE AND RECOVERY OPERATIONS The parties to this Agreement recognize an Operational Area, as that term is defined in the California Emergency Services Act(Government Code Section 8550 et seq.)which designates an intermediate level of organization for coordination and communication between political subdivisions within Santa Clara County boundaries. The parties agree to participate in an organizational structure, or Operational Area Organization,which is a planning partnership for a systematic approach limited to exchanging disaster intelligence,mutual aid requests and resource requests in order to foster the effective flow of such disaster information and resource requests in emergencies, and to prepare for disasters through cooperative training and exercise activities. Each of the parties to this Agreement shall designate individuals to be trained to staff technical functions in the Operational Area Emergency Operations Center("EOC"). Each party to -1- SANTA CLARA OPERATIONAL AREA OPAREA INTERIM AGREEMENT this Agreement shall also designate, in writing,a line of succession of officials who are empowered to speak on behalf of the party at the Operational Area Organization. 2. CONSIDERATION The consideration under this Agreement is the mutual advantage of protection afforded to each of the parties under this Agreement. There shall not be any monetary compensation required from any party to another parry as a condition of assistance provided under this agreement,except for reimbursement of direct costs as designated in mutual aid agreements. Nothing in this agreement shall be construed as altering any pre-existing disaster response agreements between the parties. Nothing in this agreement shall be construed as altering coordination of fire and law enforcement resources accomplished through their respective mutual aid systems. 3. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM; INCIDENT COMMAND SYSTEM and/or MULTI-AGENCY COORDINATION SYSTEM California Code of Regulations,Title 19,Division 2, Office of Emergency Services, Standardized Emergency Management System shall regulate Operational Area disaster response and recovery procedures. The Santa Clara Operational Area Organization Disaster Response Standard Operating Procedures based on the Incident Command System and developed for the OASIS project shall be the primary method and criteria used to conduct Operational Area EOC operations. The Santa Clara County Emergency Services Manager, and his/her designated alternates,will act as the Operational Area EOC Coordinator in matters affecting disaster information sharing,mutual aid requests, and resource management. 4. PROVISION OF FACILITIES AND SUPPORT The COUNTY shall provide an emergency operations center located at 55 West Younger Avenue, San Jose, California, as the site for the Operational Area EOC. The COUNTY will provide EOC support staff and all necessary supplies for the Operational Area Organization EOC during actual operations and drills. All parties to this Agreement may provide staff for the decision making and operational positions of the Operational Area Organization. 5. TERM OF AGREEMENT The Agreement shall be effective from the date it is executed until it is rescinded by a formal agreement. time f a ma'ori of the parties. This Agreement may be terminated at any t e by o � ty 6. WITHDRAWAL OF A PARTY Any party to this Agreement may withdraw as a party to this Agreement prior to the termination of this Agreement upon giving thirty(30)calendar days written notice to the other parties. Notice shall be deemed to have been given three days after such notice is posted by first class U.S. Mail or,alternatively, sent by confirmed facsimile to each existing parry to this Agreement. -2- SANTA CLARA OPERATIONAL AREA OPAREA INTERIM AGREEMENT 7. ADDITIONAL PARTIES Additional organizations, which are public entities, including but not limited to special districts,within the geographical boundaries of Santa Clara County,may join in this Agreement and become parties thereto upon execution of an Amendment to this Agreement. Such Amendments shall be signed by the chief executive or administrative officer of the organization and may not contain limitations to or deviations from the terms and conditions contained in this Agreement. The executed Amendment shall automatically become a part of this agreement after the expiration of thirty (30)calendar days following the notification of intent, in the fashion stated in Section 6 above,by the new party to all existing parties, of the execution of the Amendment. Notwithstanding this provision, any existing party to this Agreement may give notice,within the thirty(30)day period and in the fashion stated in Section 6 above,to all other existing parties of its objection to the addition to this Agreement of the new party. In such event,the addition to this Agreement of the new party shall require the unanimous consent of the existing parties. 8. INDEMNIFICATION AND HOLD HARMLESS Each of the parties agrees to hold the other parties harmless and to indemnify each other, its officers,agents and employees,from and against any and all actions, lawsuits, or other proceedings which may arise as a result of the performance of this agreement. 9. SALARIES EMPLOYMENT AND WORKER'S COMPENSATION BENEFITS The salaries,employment and Workers's Compensation benefits of each employee participating in the Operational Area Organization shall be the responsibility of the party that employs the individual. It is understood that each party's employees have no rights,benefits, or special employment status conferred by reason of this Agreement. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS FOLLOWS: Jurisdiction Representative(s)/Title(s) Santa Clara County By: Attest: Chairperson, Board of Supervisors Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY: County Counsel -3- SANTA CLARA OPERATIONAL AREA OrAREA INTERIM AGREEMENT SANTA CLARA COUNTY OPERATIONAL AREA DISASTER RESPONSE AND RECOVERY ORGANIZATION INTERIM AGREEMENT SIGNATURE SUMMARY (Note: Original copies on file with the Clerk of the Board) JURISDICTION OFFICIAL DATE Campbell City Manager, Chief of Police March 6, 1995 Cupertino City Manager September 22, 1994 Palo Alto City Manager March 27, 1995 Santa Clara Mayor, City Manager September 13, 1994 Mountain View Fire Chief/OES Coordinator January 22, 1995 Gilroy City Administrator September 6, 1994 Los Altos City Manager November 10, 1994 Los Altos Hills Mayor, City Manager September 21, 1994 i Los Gatos Town Manager October 11, 1994 Morgan Hill City Manager September 21, 1994 Monte Sereno Mayor September 20, 1994 Saratoga Mayor October 5, 1994 Milpitas City Manager October 18, 1994 San Jose City Clerk January 10, 1995 Sunnyvale City Manager September 21, 1994 -4- Attachment C CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT This agreement made and entered into by and between the STATE OF CALIFORNIA, its various departments and agencies, and the various political subdivisions, municipal corporations, and other public agencies of the State of California; I WITNESSETH: WHEREAS, it is necessary that all of the resources and facilities of the State,its various departments and agencies, and all its political subdivisions,municipal corporations, and other public agencies be made available to prevent and combat the effect of disasters which may result from such calamities as flood,fire,earthquake,pestilence,war,sabotage, and riot; and WHEREAS, it is desirable that each of the parties hereto should voluntarily aid and assist each other in the event that a disaster should occur,by the interchange of services and facilities, including,but not limited to, fire,police,medical and health,communication, and transportation services and facilities,to cope with the problems of rescue,relief,evacuation,rehabilitation, and reconstruction which would arise in the event of a disaster, and WHEREAS, it is necessary and desirable that a cooperative agreement be executed for the interchange of such mutual aid on a local, countywide,regional,statewide, and interstate basis; NOW, THEREFORE,IT IS HEREBYAGREED by and between each and all of the parties hereto as follows: 1. Each party shall develop a plan providing for the effective mobilization of all its resources and facilities,both public and private,to cope with any type of disaster. 2. Each party agrees to furnish resources and facilities and to render services to each and every other party to this agreement to prevent and combat any type of disaster in accordance with duly adopted mutual aid operational plans,whether heretofore or hereafter adopted,detailing the method and manner by which such resources, facilities, and services are to be made available and furnished,which operational plans may include provisions for training and testing to make such mutual aid effective;provided, however,that no party shall be required to deplete unreasonablyits own resources facilities and services in furnishing such mutual g aid. 3. It is expressly understood that this agreement and the operational plans adopted pursuant thereto shall not supplant existing agreements between some of the p providing g g types parties hereto rovidin for the exchange or furnishing of certain es of facilities and services on a reimbursable,exchange, or other basis,but that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto, shall be without reimbursement unless otherwise expressly provided for by the parties to this agreement or as provided in Sections 1541, 1586, and 1587,Military and Veterans Code; and that such mutual aid is intended to be available in the event of a disaster of such magnitude that it is, or is likely to be, beyond the control of a single party and requires the combined forces of several or all of the parties to this agreement to combat. 4. It is expressly understood that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto shall be available and furnished in all cases of local peril or emergency and in all cases in which a STATE OF EXTREME EMERGENCY has been proclaimed. 5. It is expressly understood that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto,is furnished in accordance with the "California Disaster Act"and other applicable provisions of law, and except as otherwise provided by law that: "The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him through the operation of such mutual aid plans." (Section 1564,Military and Veterans Code.) 6. It is expressly understood that when and as the State of California enters into mutual aid agreements with other states and the Federal Government,the parties to this agreement shall abide by such mutual aid agreements in accordance with the law. 7. Upon approval or execution of this agreement by the parries hereto all mutual aid operational plans heretofore approved by the State Disaster Council, or its predecessors,and in effect as to some of the parties hereto, shall remain in full force and effect as to them until the same may be amended,revised, or modified. Additional mutual aid operational plans and amendments,revisions,or modifications of existing or hereafter adopted mutual aid operational plans, shall be adopted as follows: a. Countywide and local mutual aid operational plans shall be developed by the parties thereto and are operative as between the parties thereto in accordance with the provisions of such operational plans. Such operational plans shall be submitted to the State Disaster Council for approval. The State Disaster Council shall notify each party to such operational plans of its approval, and shall also send copies of such operational plans to other parties to this agreement who did not participate rati and who are in the same area and affected b in such operational plans o p y such operational plans. Such operational plans shall be operative as to such other parties 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in the particular operational plan. 2 b. Statewide and regional mutual aid operational plans shall be approved by the State Disaster Council and copies thereof shall forthwith be sent to each and every party affected by such operational plans. Such operational plans shall be operative as to the parties affected thereby 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement,declines to participate in the p p articular operational plan. C. The declination of one or more of the parties to participate in a particular operational plan or any amendment,revision or modification thereof,shall not affect the operation of this agreement and the other operational plans adopted pursuant thereto. d. Any party may at any time by resolution or notice given to the State Disaster Council,in the same manner as notice of termination of participation in this agreement,decline to participate in any particular operational plan,which declination shall become effective 20 days after filing with the State Disaster Council. e. The State Disaster Council shall send copies of all operational plans to those state departments and agencies designated by the Governor. The Governor may,upon behalf of any department or agency,give notice that such department or agency declines to participate in a particular operational plan. f. The State Disaster Council, in sending copies of operational plans and other notices and information to the parties to this agreement,shall send copies to the Governor and any department or agency head designated by him;the chairman of the board of supervisors,the clerk of the board of supervisors,the County Disaster Council,and any other officer designated by a county;the mayor,the clerk of the city council,the City Disaster Council, and any other officer designated by a city;the executive head,the clerk of the governing body,or other officer of other political subdivisions and public agencies as designated by such parties. 8. This agreement shall become effective as to each party when approved or executed by the party, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this agreement,until participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other parties thereto. Upon approval or execution of this agreement the State Disaster Council shall send copies of all approved and existing mutual aid operational plans affecting such party which shall become operative as to such party 20 days after 3 receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in any particular operational plan. The State Disaster Council shall keep every party currently advised of who the other parties to this agreement are and whether any of them has declined to participate in any particular operational plan, 9. Approval or execution of this agreement shall be as follows: a. The Governor shall execute a copy of this agreement on behalf of the State of California and the various departments and agencies thereof. Upon execution by the Governor a signed copy shall forthwith be filed with the State Disaster Council. b. Counties,cities,and other political subdivisions and public agencies having a legislative or governing body shall by resolution approve and agree to abide by this agreement,which may be designated as "CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT." Upon adoption of such a resolution,a certified copy thereof shall forthwith be filed with the State Disaster Council. C. The executive head of those political subdivisions and public agencies having no legislative or governing body shall execute a copy of this agreement and forthwith file a signed copy with the State Disaster Council. 10. Termination of participation in this agreement may be effected by any party as follows: a. The Governor on behalf of the State and its various departments and agencies, and the executive head of those political subdivisions and public agencies having no legislative or governing body,shall file a written notice of termination of participation in this agreement with the State Disaster Council and this agreement is terminated as to such party 20 days after the filing of such notice. b. Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolution give notice of termination of participation in this agreement and file a certified copy of such resolution with the State Disaster Council, and this agreement is terminated as to such party 20 days after the filing of such resolution. IN WITNESS WHEREOF this agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. 4 i Signed by: EARL WARREN GOVERNOR On behalf of the State of California and all its Departments and Agencies ATTEST: November 15, 1950 Signed by: FRANK M. JORDAN SECRETARY OF STATE Pti' d F ua AA Q 0 C ti A A LIFt7R 5 Note: There are references in the foregoing agreement to the California Disaster Act, State Disaster Council, and various sections of the Military and Veterans Code.Effective November 23, 1970, by enactment of Chapter 1454, Statutes 1970,the California Disaster Act(Sections 1500 ff., Military and Veterans Code)was superseded by the California Emergency Services Act (Sections 8550 ff., Government Code),and the State Disaster Council was superseded by the California Emergency Council. Section 8668 of the California Emergency Services Act provides: (a) Any disaster council previously accredited,the State Civil Defense and Disaster Plan,the State Emergency Resources Management Plan,the State Fire Disaster Plan,the State Law Enforcement Mutual Aid Plan, all previously approved civil defense and disaster plans, all mutual aid agreements,and all documents and agreements existing as of the effective date of this chapter, shall remain in full force and effect until revised, amended, or revoked in accordance with the provisions of this chapter. In addition, Section 8561 of the new act specifically provides: "Master Mutual Aid Agreement" means the California Disaster and Civil Defense Master Mutual Aid Agreement,made and entered into by and between the State of California,its various departments and agencies,and the various political subdivisions of the state,to facilitate implementation of the purposes of this chapter. Substantially the same provisions as previously contained in Section 1541, 1564, 1586 and 1587 of the Military and Veterans Code,referred to in the foregoing agreement, are now contained in Sections 8633, 8618, 8652 and 8643,respectively, of the Goverment Code. 6 Regional Open 1.17 ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-41 Meeting 03-09 April 23, 2003 AGENDA ITEM 4 AGENDA ITEM Rejection of Claim Submitted by Kaizad G. Farhadi GENERAL COUNSEL'S RECOMMENDATION Reject the claim against the District filed by Kaizad G. Farhadi. DISCUSSION On or about October 6, 2002, Mr. Farhadi, a motorcyclist, was injured in a traffic collision with a vehicle on State Highway 35 (Skyline Boulevard) at or near the Caltrans vista point south of Cloud's Rest Road in unincorporated San Mateo County. Mr. Farhadi has filed a claim with the District alleging negligent design, maintenance and signage of the vista point and adjacent Highway 35. General Counsel has reviewed the claim and recommends that it be rejected. There appears to be no basis for District liability. The District has no ownership interest in the accident area and no responsibility for design, maintenance, or signage. The Government Code requires that claims for damages be presented to a public agency within six months of the incident. The District then has 45 days to determine whether to approve or reject the claim. Upon rejection of a claim, a claimant has six months to determine whether to proceed with legal action. Prepared by: Susan M. Schectman, General Counsel Contact Person: Same as above 330 Distel Circle 9 Los Altos, CA 94022-1404 * Phone: 650-691-1200 Fax: 650-691-0485 - E-mail:mrosd@openspace.org * Web site:www.opelispace.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 Claims No. 03'08 � � Meeting 03'09 Date 04/23/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5632 $1.800.00 Aaron's Septic Tank Service Sanitation Services 5633 $530.10 All Laser Service Toner Cartridges 5034 $986.63 All Premium Promotional Products Volunteer Supplies 5635 $15.00 American Red Cross Emergency Response Training/Certificates 5036 $300.00 Banaoi.Cxhs Reimbursement-PRACConfemnue 5037 $28.12 Bicycle Outfitter Bicycle Tools&Parts 5638 $74.00 8inNoyAoaou|ateo Consulting Services'Hunt Property Water System 5089 $105.84 Board ofEqoi|izaUvn Fuel Tax for Diesel ou*u $`/u*/ Brim Tractor Company,Inc. Tractor Accessories � 5641 $12248 Browning-Ferris Industries Garbage Services � 5642 $86.19 California Safety Services Group 2002 OSHA Book 5643 *2.094.00 Camino Medical Group Medical Services 5644 $452.10 Certified Document Destruction Shred Archived Files 5645 $1.875.00 Cnnonm Training'Substance Abuse 5646 $1.180B0 Dillingham Associates Consulting Services-Jacques Ridge Staging Area � 5647 $189.55 Dolan,Brendan Roimbumement-Unihonn � 5648 $10.51 Dorfman Pacific Field Supplies � 5649 $206.17 Green Waste Recovery,Inc. Garbage Services � 5050 $6.500.00 *R8 Construction,Inc. Office Repair'Admin.Office 5651 *172.03 Hyoter Sales Company Bobcat Equipment Parts � 5652 $551.43 |nUuff|nonqmemd Fumitum-E/goChair 5053 $362.06 Kinko'n Printing Services 5654 $11.08 K*ik Key Lock&Safe Co.Inc. Keym&Locks 5655 $247.50 Liobert Cassidy Whitmore Legal Services 5050 $288.00 Lonnan Education Services Training'Landlord&Tenant Law � 5657 $720.00 Macias,gini&Company Auditor Services � 5858 $29.55 Noble Tractor,Inc. Tractor Supplies 5659 $2.248.86 Office Depot Office Supplies 5660 $1.321.48 Pacific Bell Telephone Service 5081 $300.00 Pammon.Lnm Reimbursement-pRACConhamnoo 5802 $14726 Peninsula Digital Imaging Printing-Construction Plans-Old Page Mill Trail Repair 5603 8314.02 Pine Cone Lumber Lumber 5604 *200.00 Points of Light Foundation Mmmbamhip-PubUnAOaimCommun|ty Programs 5605 $212.67 Precision Engravers,Inc. Name Tags Engraving 5688 $3.*04.46 Presentation Systems Multimedia Projector 5667 $18.41 Phngieo Tractor Co. Tractor Supplies 5008 $315.88 San Jose Mercury News Legal Advertisement 5669 $30.00 San Mateo Co.Public Health Lab. Tick Testing 5670 $350D0 Smith,Malcom Public Affairs Consultant � 5671 *136.00 `1 Sommer,Sandy Reimbursement'Permit Fee � 5072 *800.00 System for Public Safety Recruitment'Background Research 5073 $388.68 TudooSupply Janitorial Supplies 5674 $137.48 Tires on the Go Vehicle Tires � 5675 $46J9 Tooand.|no. Field Equipment&8upp|ioo ! Page 1*u � Claims No. 03-08 � Meeting 03-09 Date 04/23/03 | Revised Midpeninsula Regional Open Space District # Amount Name Description 5676 $36.80 United Parcel Service Parcel Shipping 5677 $73.44 Vu.Duug|ax Rnimuusomont-Mi|uago 5878 $146.48 vvoorGue,d unifnnno 5078 *300.00 Wolfe,Roberta Recording Services 5580 $654.23 Workingman's Emporium Unionnno 5681R $1.400.00 Aaron's Septic Tank Service Sanitation Services 5682R $1.217.50 AbotmmontAna|yUoo Asbestos Survey-Bartell Property 5683R $2.047.50 Alliance Title Company Title&Escrow Fee 5604R $1.114.17 Barg Coffin Lewis&Trapp Loga|Gemi000-Guade|upoYVetemhod 5805R $191.84 Beckman,Craig Roimbursemont-Unifvnn 5686R $186.50 Ben Guzman Transportation Fees'Recruitment 5087R $5.40 California Dep.ofForestry Copy of Timber Harvest Plan 5008R $6.25 City u(Redlands Legal Brief Copying Cost 5689R $297.32 Cole Supply Co..Inc. Janitorial Supplies 5690R $338.28 Costamm Coastal Tour Meeting Expense 5691R $1.600.63 Cmuoo Equipment Rentals Equipment Rental � 5092R $1.782.35 Dell Account Computer Equipment � 5693R $102.10 Federal Express Express Mailing � 5694R $025.00 FinnBonkcmvd Auto CAD[T2OV4Software 5695R $199.00 Fred Pryor Seminars Training'G.eomin 5598R *2.162.50 Gmen|nfoNetwork Wall Maps Update 5687R $1.440.81 Hewlett-Packard Company Hp Laser Jet Printer 5688R $940.00 mgoffmnomonated Cafeteria Furniture 5689R $838.82 KoyA]\.Cvm Computer Accessories � 5700R $116.10 MCI Long Distance Telephone Service � 5701R $864.12 Miommpdio.|nc Microfilming Board Records 5702R $11440 Northern Energy,Inc. Propane Service 5703R $2�0OUO Old Title. � � 5704R $1.963.80 Pacific Water Systems vVoterFi|terGystem-Pmporty Management Rental ' 5705R $354.19 Petty Cash Conference&Training Expense,Office&Field Supp|ioa, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 5706R $19.47 Seam Field Supplies � 5707R $474.14 United Rentals Highway Tech. Trail Directional Signs � � 5708n *8*1n ��Gmmp On-Line � � � - � Total $53.586.76 `1 Urgent Check Issued 4/17/03 Page cmz 7 Regional Open Space MI DPENI NSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: April 18, 2003 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org 04/17/2003 13:57 FAX 650 854 7703 P.O.S.T. lqJuuziuuz POST 1 Peninsula Open Space Trust Board of pireclors Allsn F.Brovvr April 17, 2003 SLiatl curd Vnic).l.art"i:i Members of the Board of Directors Chri "na A. Coastal Conservancy th'Robert C.Kirk%V.,-_ Diamne M Kenra 1333 Broadway, 11 Floor :ennatr E.hl n;-or- Oakland, CA Q4612-2540 Pa"Id w kiiuhe': P.lul Rewhaken Dill Reller Dear Honorable Board Members: karie Thomson. Anne f'l Wester±'`:`` I am wilting to urge your support for a $1,807,500-00 matching grant to the Advisory Council Nifidpeninsula Regional Open Space District towards the acquisition of 198 Robal Au ;h_Ir.,?;; acres of forested land as an addition to the Bear Creek Redwoods Open )amrs r.Bata Space Preserve. Eloanor Bot0tv,- Sheld n Brewer.Fh_D. Robert V.Brcnam This property provides a "missing link" in the ridge top preservation, and "'Ito'°'f[-c"- .`: fills most of the gap between two areas of the preserve that are currently Site Crt»- LoisCrozier-t-±L,;<r separated. Densely forested with Douglas fir and redwoods, the steeply Harrell«Da.v t, sloped property is partially surrounded by the preserve and includes the [_Philip sloped uppermost reaches of Collins Creek, Webb Creek, and Zayante Creek. An ).['±;loop Li Itiarc,s. l'l� Phr ill;Napa area of exceptional biodiversity, the property is home to a second-growth Clarenceavi1 _j.}lchw-;. r -ed wood forest, ten special status plant species, and fifteen animals of special David 1_.Flciclt:•r ftrx n:rn Hmlett concern. Recreational opportunities abound, with many trails already ±arri,i:t1.. Fil>,,,L' intersecting«with established trails on the Preserve, thereby providing Mar,, F.Httfti N..'-_ tiu_nne B.King, continuity to the trail network. Melvin 8.Lane Robert IN '`:il:±nt-:re This potential addition to the Bear Creek Redwoods Open Space Preserve is Georg M.�larcil_. EacquelitV tiny,:- an important project for preservation of redwood forest, scenic resources, Rl bLn H.N-±flle- wildlife habitats, and public low intensity recreational opportunities. `l'he Gordon E.Moore.Pnt-_.. [�11��,s,,,�tn„ property provides a natural extension of the existing open space preserve, Intel k,mir and we would appreciate your consideration in helping to fund this Susan r.ON- exceptional project.Thank you for your thoughtful consideration of this F.N-and Nine' ' Patti 0.Rein:-r grant application. Barbara Dk,v le P:>:_°-,: !lie\in[ier Fs.?i i:E:it:d. Sincerely, Rosemary Youroz Leah Lafiaront President - Audrey C. ust :i;;div C.Ru;l President 30i))land Nili R„v- I ji Tel: imo' 04/15/2003 05:38 FAX Z002 STATE CART101. COMMITTEES:P.O.BOX 042S49 CHAIR SACRAMENTO,CA 94249-002i Subo=rnifte -2021 M21 select Committee (Q16)31% Budget Finance Fa)C(916)319-2121 Uffor 'slafurr on PrKscy DISTRICT OFFICE MEMBER 160 TOWN&COUNTRY VILLAGE Appropriations PALO ALTO,CA 94301 Budget (680)688-6330 =.8=, .Me Fax(&W)688-6336 Select Committee on "Ali S.JOSEPH SIMITIAN Select 9 WalerOuaYty Jw.s!mftIanQasm.ca.gov ASSEMBLYMEMBER,TWENTY-FIRST DISTRICT a 101 U-C.Campus April 15, 2003 Members of the Board of Directors Coastal Conservaric 1333 Broadway, I It Floor Oakland, CA 94612-2540 Subject: Support for Midpeninsula Regional Open Space District's Grant Application To Acquire Addition to Bear Creek Redwoods Open Space Preserve Dear Honorable Board Members: I am writing to urge your support of a grant application to assist the Midpeninsula Regional Open Space District in acquiring a very important addition to the Bear Creek Redwoods Open Space Preserve. The District is applying to the Conservancy for a $1,807,500 matching grant to help purchase 198 acres of forested land that is a natural extension of the existing Preserve. Located south of Los Gatos in the Santa Cruz Mountains, the 1,07 1-acre Bear Creek • Redwoods Open Space Preserve encompasses a mature Douglas fir and redwood forest, forming the picturesque scenic backdrop to the Lexington Reservoir Basin. In the midst of the Preserve and forming a significant part of this scenic backdrop is the 264-acre Presentation Center property. It includes a conference and retreat center and approximately 228 acres of private land. This property provides the "missing link"to the ridge top preservation and fills most of the gap between two areas of the preserve that are currently separated. The District has the opportunity to permanently protect the undeveloped portion of the Presentation Center property, by acquiring 198-acres of open space in fee, and protecting an additional 30 acres of forested land under a timber restriction agreement. The District currently holds an option to acquire these property rights. Densely forested with Douglas fir and redwoods, the steeply sloped property is partially surrounded by the Preserve and includes the uppermost reaches of Collins Creek, Webb Creek, and Zayante Creek. An area of exceptional biodiversity,the property is home to a second-growth redwood forest, P~on Recycled Paper 04/15/2003 05:39 FAX IA003 ten special status plant species, and fifteen animals of special concern. Recreational .opportunities abound with many trails already intersecting with established trails on the Preserve, thereby providing continuity to the trail network. The area adjacent to the intersection of Bear Creek Road and Summit Road is ideally suited for trailhead access and a safe regional parking area. This potential addition to the Bear Creek Redwoods Open Space Preserve is an important project for preservation of redwood forest, scenic resources,wildlife habitats, and public low intensity recreational opportunities. The property is a natural extension of the existing open space preserve, and we would appreciate your consideration in helping to fund this exceptional project. This grant will help make permanent protection of this land a reality, thus ensuring its environmental values are preserved, and the recreational values of the preserve are enhanced. Thank you for your thoughtful consideration of this grant application. Sincerely, vet S. Joseph Simitian Assemblymember,Twenty-First District Cc: Craig Britton, Midpeninsula Regional Open Space District Regional Open lee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton, General Manager From: Thomas W. Fischer, Land Protection Specialist Date: April 16, 2003 .I Subject: Hunt Property Addition to Open Space Preserve Escrow closed for the subject transaction on April 15, 2003 and title to and possession of this 74.3- 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 close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved and amended by the Board of Directors at their meeting of March 12, 2003. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement, Lease, Board Approval Date/Res. No. Mgmt Agmt.) Bear Creek Santa Clara County Hunt 74.3 Fee March 12, 2003 Redwoods 544-35-035 544-56-020 Dedication Date/ Mgmt. Status: Status: Closing Date (Open,Closed, CMU, Type Purchase Price GIS Code or Other) (Mended Withheld) April 15, 2003 Closed Intended $2,500,000.00 (Cash & Seller Financing) Misc. Notes: 1. The Seller has an appurtenant easement to a private water well near the entry road 2. The Old Well Road and Brush Road Mutual Water Company holds easements for a water tank and water lines on the property. The water Company does not have the right to access their easements from the entry road 3. District issued Seller an Irrevocable Permit for travel to and from the Valley Look out area, which includes the use of one 4-wheel drive vehicle(see attached). 4. Brush Road and Old Well Road are private roads, only District employees, agents and contractors may use the road for patrol and maintenance, no public use. 5. Brush Road and Old Well Road neighbors may access the Hunt property for pedestrian use only through a permit to be obtained from the District 6. Gates should be installed to restrict vehicle traffic into the property. cc: Board of Directors Administration Operations Accounting Planning 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 iFax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org � O'.zz' Ji Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C. Nitz • General Manager:L.Craig Britton i f MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Cirde,Los Aftos,CA 94022 ■ 650-691-1200 Memo t To: Craig Britton From: Sandy Sommer,Senior Planner Notable Planning Department staff Re: activities Date: 4/14/2003 • Comments: You may be interested to learn that Ana Ruiz is among the students in San Jose State University's Urban and Regional Planning Department who recently received national recognition from the American Institute of Certified Planners for their work on a redevelopment plan for the Market-Almaden Neighborhood near downtown San Jose. The students were extensively involved in community outreach, going from door to door to speak with residents and meeting frequently with a neighborhood advisory committee.They worked with San Jose planners to prioritize improvements and come up with a strategy to allow for new downtown development in a way that would enhance the neighborhood and address the resident's needs. This national award is quite a notable achievement. Please find attached a commendation from the San Jose City Council honoring their work. A I phaz ers 1�f 0I6 rw e►r'��f rr err j rs �� ►'� M>R ere*��'e>w err!� `'�, ere s�a�, ��'r®�i� are�� r� erg ®s ire r<a►ids rb err��r� ��+♦�r �'��•rws . *�r� �r� �� .rt��y��ir•.�.'r,��i► ..�+�� s•�"��y.�.rt�♦�w�•..Mw''�♦�eem•a��.��r.�w�'�♦A'peer..a«'��'�`+r�rr•►�wt�►®♦�s�,y.►/•�•.r,[�s��}��.►,aca►®�r��►�•.+�s�,��.►�e,,p{••�.,,d,.�¢�a�e,►/.«�a�� .� �: ■ r X ■ �' r ■ ��^➢w1l►rlr�s. x�,.ikl� r x ■ r �lti,ltR.� Arf rrlr � w r ■ K x r ■ x r w r r _�; e ■ w ire�4 CITY OF SAN JOSE � R x �� WHEREAS: Graduate students from San Jose State University's Urban and Regional Planning Department worked intensively with city agencies, community-based groups, and local residents to create the Market-Almaden ■ r � .�, A ■ Neighborhood hnprovement Plan; and ■� � WHEREAS: The Market-Almaden Neighborhood Improvement Plan received the American Institute of Certified � r r x Planners 2003 Student Project Award as the best example of applying the plamiing process; and s r� WHEREAS: Great effort was made to integrate local needs into the plan's development through extensive neighborhood outreach and participatory planning by stakeholders in building a strong neighborhood; andgj/'�r� WHEREAS: These students have dedicated the Market-Almaden Neighborhood Project and their award to their friend ■e and colleague, Nana Kofi Addo Koranteng, who passed away in August 2002; ' 'r�' NOW THEREFORE 1, Ron Gonzales, Mayor of the City of San Jose, along with Councilmember Cindy Chavez and j Councilmember Forrest Williams, along with our colleagues on the City Council, on this 18'h day of March, 2003, do '�� ►� hereby recognize and cone vend the members of the Spring 2002 Graduate Class in Planning Problems II Urban and Regional Planning Department *�a San Jose State University 1` for their dedication, commitment and service to the residents of the Market-Almaden neighborhood and the City of San Jose. es e Attested to by: r � ;L he Honorable IZKn Gonzales t } _ h4t'' J ' �' - y Clerk the City of San Jose A► r w MAYOR �f r .a►em �, � � n IIIU�l �A Fo]7eSt Williams, Councilmember .; , '^ Cin avez, Co cihnember s . w ■ x x r r r w ■ ■ - - r �'� r r w x x w ■ x r r R x ,�; �.., �s �► + �+ s♦ ♦ ��► �r~ a .rrrr aa•�. ...r[�w .n..+t. . •rc � r..•.n ,rr` .W . + . s••.rt. �.►•.� +r. . .►>,...,K. iy. .r� Syr.• . . r� s� x�x' iCx � •�� ,jx ♦ s a � A', �♦r•'r7;��w '��, , �xt♦� x � �+ rjx ♦♦ x�, ,w r -Ida:` r i��n s !►�+r' . � i!5�.; �!Ir' 7.� '� sr�t:rd VA brriiwi��w�i �i IIII �4�M�iGi►r►/w,i�wi�l�ii �i�li�ralyrwPrlw�1r 1 SOUTH SKYLINE ASSOCIATION April 11, 2003 Board of Directors MidPenninsula Open Space District 330 Distel Circle Los Altos, CA 94022 In January 2003, the SSA Board of Directors sent a letter to MROSD endorsing the concept of expanding DistHct boundaries as that expansion affects the South Skyline area. As of February 2003, the SSA has adopted a position of neutrality with respect to the expansion proposal, neither supporting nor opposing it. This position has been taken because there is such strong polarization within our community. This letter will replace the aforementioned January letter. Sincerely, Richard Schwind .President copy: Board of Directors, San Mateo County LAFCO 455 County Government Center 2nd floor Redwood City, CA 940G3-1 GG3 Route 2, Box 400 - La Honda, CA 94020 04114l2003 14:20 4085588086 CONGRESSMAN HONDA PAGE 02 MiCHAEL/ M.HONDA .— WASHINGTpN OFFICE! 1iTu OtfTx!CT,GAtFOfNtn �� a. i T13 lOnmewORTN Fi0#JBE oFfltr NV11.OtWO a COMMMIT& TRANSPORTATION WA!;wwmw.DC 205% ANDINFRASTRUCTURE P«ow 1202I225-Xli >•AM: 12021225-2888 5urecwM�nfUr Mtp./Jwww,h04le.gov/Fnnr� A.ATln7N «vttiwnr:nratrANarc DISTRICT OFFICE- ((,,,�,��,��rr r QQ�� //yyTr }� b 1"1$0074 BASM.1 A.eme G041MlTtEE 4N SCIENCE Cong eoAi V` the niteb t-a-tto CAwiS1WM"IS mL.GA 99M '.. 3u l4to.oYrserk rwav6:(Aikt 5•.,�eDlS '�e""`" *ouoe of a�tprezenta�tibez F^% (WiW--m iN6Rar Gil m N AfilowmR(SM 9047is April 14,2003 Members of the Board of Directors Coastal Conservancy 1333 Broadway, I It Floor Oakland,CA 94612-2540 Subject: Support for Midpeninsula Regional Open Space District's Grant Application To Acquire Addition to Bear Creek Redwoods Open Space Preserve Dear.Honorable Board Members: I I am writing to urge your support of a grant application to assist the Midpeninsula Regional Open Space District in,acquiring a very important addition to the Bear Creek Redwoods Open Space Preserve. The District is applying to the Conservancy for a$1,807,500.00 matching grant to help purchase 198 acres of forested land that is a natural extension of the existing Preserve, Located south of Los Gatos in the Santa Cruz Mountains, the 1,071-acre Bear Creek Redwoods Open Space Preserve encompasses a mature Douglas fir and redwood forest,forming the picturesque scenic backdrop to the Lexington Reservoir Basin. In the midst of the Preserve and forming a significant part of this scenic backdrop is the 264-acre Presentation Center property. It includes a conference and retreat center and approximately 228 acres of private land. This property provides the"missing link"to the ridge top preservation and fills most of the gap between two areas of the preserve that are currently separated. The District has the opportunity to permanently protect the undeveloped portion of the Presentation Center property,by acquiring 198-acrCs of open space in fee,and protecting an additional 30 acres of forested land under a timber restriction agreement. The District currently holds an option to acquire these property rights. Densely forested with.Douglas fir and redwoods,the steeply sloped property.is partially surrounded by the Preserve and includes the uppermost reaches of Collins Creek, Webb Creek,and Zayante Creek. An area of exceptional biodiversity, the property is home to a second-growth redwood forest,ten special status plant species, and fifteen animals of special concern. Recreational opportunities abound with many trails already intersecting with established trails on the Preserve, thereby providing continuity to the tram network. The area adjacent to the intersection of Bear Creek Road and Summit Road is ideally suited for trailhead access and a safe regional parking area. igkNTVDPN Rfcrcuq MAP►R 04/14/2003 14:20 4085588086 CONGRESSMAN HONDA PAGE 03 This potential addition to the Bear Creek Redwoods Open Space Preserve is an important project for preservation of redwood forest,scenic resources,wildlife habitats, and public low intensity recreational opportunities. The property is a natural extension of the existing open space preserve, and we would appreciate your consideration in helping to fund this exceptional project. This grant will help make permanent protection of this land a reality, thus ensuring its environmental values are preserved,and the recreational values of the preserve are enhanced. Thank you for your thoughtful consideration of this grant application. Sincerely, Mike Honda Member of Congress i Sempervirens Fund Drawer BE, Los Autos, CA 94023-4054 650/968-4509 Fax 650/968-0713 e-mail:redwoods0sempervirens.org V✓ww sempervirens.or9 Pro vet-ving redwood lands since 1900 Board of Directors April 14,2003 Robert A.Frazer President Witham N.Norris Members of the Board of Directors VC Prestoent Coastal Conservancy Betsy t Ross Secretary e 1333 Broadway, I I b Floor Robert W.Mclrtyre Oakland,CA 94612-2540 Treasurer Gan Alper MicnaerS.Barton Subject: Support for Midpeninsula Regional Open Space District's Grant Application To Acquire Addition to Jerrrey E.Essner Bear Creek Redwoods Open Space Preserve Geza L Gyorey Betsy hierben Gil V.Hernandez Dear Honorable Board Members: JudyKleinberg Claude -Tony`Look John0.Luckhardt 1 am writing to urge your support of a grant application to assist the Midpeninsula Regional Open Space EllenC. Waver District in acquiring a very important addition to the Bear Creek Redwoods O Space Preserve. The District Ellen C.Weaver q g D' P � Pa Richard P.Wheat tJ u. is applying to the Conservancy for a$1,807,500.00 matching grant to help purchase 198 acres of forested land StephenN.Wyckoff that is a natural extension of the existing Preserve. HowardJ.King Honorary Vice Presiderq Located south of Los Gatos in the Santa Cruz Mountains,the 1,071-acre Bear Creek Redwoods Open Space Spongy Preserve encompasses a mature Douglas fir and redwood forest,forming the picturesque scenic backdrop to Stanley .Barnes the Lexington Reservoir Basin. In the midst of the Preserve and forming a significant part of this scenic Allan F.Brown rzooeri V.Brown backdrop is the 264-acre Presentation Center property. It includes is conference and retreat center and Evelyn Lester Bryan approximately 228 acres of private land. This property provides the"missing link"to the ridge top B,aries R. assnComp preservation and fills most of the gap between two areas of the preserve that are currently separated. kimes R.Compton I Mrs.Morns M.Doyle Bober,B.F1int.Jr The District has the opportunity to permanently protect the undeveloped Mirnael D.Greer, PPS ty Pe y P oiled Portion of the Presentation Center Harry H;nd property,by acquiring 198-acres of open space in fee,and protecting an additional 30 acres of forested land PennyGerbodeJay under a timber restriction agreement. The District currently holds an option to acquire these property rights. Donald Kennedy Meivin B.Lame Densely forested with Douglas fir and redwoods,the steeply sloped property is partially surrounded by the Putnam Livermore Preserve and includes the uppermost reaches of Collins Creek,Webb Creek,and Zayante Creek. An area of Paulivior tit s.J, exceptional biodiversi the roe is home to a second-growth redwood forest tens special status plant BitryR9or P ty, property rtY � � P Roben C.Rempel species,and fifteen animals of special concern. Recreational opportunities abound with many trails already Kirksmrh inteisectin with established traits on the Preserve,thereby providing continuity to the trail network. The area Mrs.Jean S.Steinhardt g y P g y DenzilVerardo adjacent to the intersection of Bear Creek Road and Summit Road is'ideally suited for trailhead access and a Jmrke Verardo safe regional parking area. Charles Walton Advisors Mary Davey This potential addition to the Bear Creek Redwoods Open Space Preserve is an important project for Robert Katz preservation of redwood forest,scenic resources,wildlife habitats,and public low intensity recreational Robert C.Kirkwood opportunities. The property is a natural extension of the existing open space preserve,and we would PJexanciertow y JohnRudoipn appreciate your consideration in helping to fund this exceptional project. Don Snerer ColburnWutxa This grant will help make permanent protection of this land a reality,thus ensuring its environmental values Founding Directors are preserved,and the recreational values of the preserve are enhanced. Georqe C.Cat@ns Howard-J.Xing ClaudeA(Tony)took Thank you for your thoughtful consideration of this grant application. Dorothy Varian OeveiopmentDiredor Xer , ely, John Gilliland � Executive Director ;A--- Brian L.Steen Brian L.Steen Executive Director Printed on Recycled Pape, i Apr 13 2003 13: 14 The Darwin Group 650 854 8134 p. 2 COMMITTEE FOR GREEN FOOTHILLS April 13,2003 By FAX (510) 286-0470 Paul Morabito,Chairman and Members California State Coastal Conservancy 1330 Broadway, I Oh Floor Oakland,CA 94612-2530 Re: Support of Mid peninsula Regional Open Space District's Grant Application for a matching grant of 51,807,5" to assist with the Acquisition of the Presentation Center property as an Addition to the Bear Creek Redwoods Open Space Preserve Dear Chairman Morabito and Members of the Board, On behalf of the over 1300 families that are members of the Committee for Green Foothills, I am writing in enthusiastic support of the above-referenced Grant Application, which will help complete the Bear Creek Redwoods Open Space Preserve. The MROSD has a wonderful opportunity to permanently protect the undeveloped portion of the 264 acre Presentation Center property. This area of densely forested steep slopes is partially surrounded by the Preserve and is home to ten special status plant species and fifteen animals of special concern. Recreational opportunities include many trails on the property which already interssect with established trails on the Presserve, which will link and extend the Preserve's existing trail system. The area adjacent to the intersection of Bear Creek Road and Summit Road is ideally suited for trailhead access and a safe regional parking area. This grant will help ensure that this land's environmental values are preserved and the opportunities for low intensity recreational uses are enhanced. We urge your favorable action on this grant request. Sincerely, .72 Lennie Roberts,Legislative Advocate Committee for Green Foothills cc: L. Craig Britton, General Manager, MROSD I COMMITTEE FOR 392rE.BayshoreRoad 630.968.7243.»0-t info@GreenFoothgli.org GREEN FOOTHILLS PaIOARO,CA 94303 65o.96a_8234.,, +•ww-GteeaFoothi'ls.org Mariquita West, M;D. RO.`Bax 04 Los Gatos,CA 95031 April ! 14 2003 , Members.of the Board of Directors . Coastal.Conservancy 13 3 3. Broadway, 11 th'door_ Oakiand, CA 94612-2540 Re:,,Grant to help MROSD acquire additional open space amidst Bear Creek 'Redwoods Open Space Preserve Dear Honorable Board Members: j As you know, the KcIpeninsula Regional Open Space District has an opportunity to acquiri- 1.9&acres of private property which,iie in the middle of the existing Bear Creek Redwoods open Space Preserve. This acquisition,is particularly important because of the location of the property in..the center of the existing Preserve; where it is:an integral part of the Preserve's topography and ecosystem.- But the property is also special in its own right.' Unlike the Preserve, this,part of the forest has not been logged-for over.a hundred:years. it contains the headwaters of three' creeks; There,are existing trails which intersect 'with those of the Preserve. And one edge.of the property is at tle intersection of Bear Creek and Summit Roads,where public access.could include a safe parking area and . trait`heads. This:land includes potential homesites and is only.40 minutes from downtown San.Jose. It would be a shame to see it developed, and to have private` residences within the existing wildness of the Bear CreekRedwoods Preserve. As you may know, the'Preserve itself barely escaped development before being:acquired by MROSD with the help of the Peninsula Open Space Tru st-a few years ago.-,l urge.you support the application of MROSD for a matching grant of $1,807,500'to help them. complete Bear Creek Redwoods. Preserve with the purchase of this beautiful property. Sincerely yours, t ea,- t, A4 Mariquita .D; Tel (408) :354-4234 Fax: (408) 354-0()05 Fns:iii: m g(jwesi.(�vjO�l Coll) Id Wd00:£0 £Ott bI 'add S090 C°S£ 80t? 'ON 3NOHd is3m tullll0I2w W0ad Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: L. Craig Britton, General Manager From: Sandra Sommer, Senior Planner Date: April 16, 2003 Re: Bay Area Ridge Trail 15th Anniversary Event The Bay Area Ridge Trail Council is celebrating the 15th anniversary of the Bay Area Ridge Trail. Choosing to have many smaller events rather than one large one, the Council will be celebrating in San Mateo and Santa Clara Counties at Skyline Ridge Open Space Preserve, Sunday, May 18 from 9:00 AM to 1:30 PM. After meeting at the Skyline Ridge equestrian parking lot, the day will begin with docent-led hikes and rides (bicycle and equestrian) along portions of the Ridge Trail in the preserve. Docents will describe the history of the Ridge Trail, and provide information about the on-going efforts to complete the vision of a 400-mile loop around the Bay. The events of the day will end with a boxed lunch provided at a surprise location. The Bay Area Ridge Trail groups of San Mateo and Santa Clara counties would like to extend invitations to the District's Board and staff for this anniversary celebration at Skyline Ridge. Please note, however, that reservations are required (before May 12) and can be made by calling 650-917-8699 or e-mailing baridgetrail@yahoo.com. Regional Open ! , ice M INTER-OFFICE MEMORAN$M` MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: C. Britton, General Manager l From: M. Williams, Real Property Representative ' f1Ldr,�f� Date: April 14, 2003 Subject: Procter Water Reserve Property Addition to Thornewood Open Space Preserve A Gift Deed was recorded on April 2, 2003 and title to and possession of this .23-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), 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 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 March 20, 2003 and a Gift Deed was recorded on April 2, 2003 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,Lease, Date/Res. No. Mgmt Agmt.) Thornewood San Mateo Procter .23 Fee See Above 075-123-030 Dedication Date/ Mgmt. Status: Status: Closing Date (Open, Closed, CMU, (Intended Type Purchase Price GIS Code or Other) Withheld) April 2, 2003 Open Intended Gift 0 Misc. Notes: cc: Board of Directors Administration Operations Accounting Planning 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 n Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org UFREEgT Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton THORNEWOOD OPEN SPACE PRESERVE AND D PROCTER WATER RESERVE -- -- -- — -- PROCTER tea° WATER RESERVE Pa `. . da Rd (Cq dq a Qo a / f THORNEWOOE OPEN V/ ° /jjJJ�,JJ! SPACE PRESERVE % y °i r m o d a .r S Martin �aa,Q G nd d O, s i sa d � 1 i' r Miles � �a 0 0.1 0.2 0.4 O io I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager 1 Date: April 23, 2003 Re: FYI s 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org I i kegional Open tee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 21, 2003 Mr. Lawrence Lansdale,BRAC Environmental Coordinator Southwest Division Naval Facilities Engineering Command 1230 Columbia Street, Suite 1100 San Diego, CA 92101-8517 RE: Comments on the Draft Record of Decision, Site 25 (Eastern Diked Marsh) Dear Mr. Lansdale: On behalf of the District, I would like to express support for the Navy's recently released Draft of the Record of Decision for the Eastern Diked Marsh, which comprises the southern area of Site 25 at the former Moffett Airfield. The level of contamination in this portion of Site 25 clearly requires remedial action sooner rather than later. The District understands that the cleanup levels proposed for the Eastern Diked Marsh will be consistent with the less sensitive seasonal pond standards. The District also understands that cleanup efforts for the remainder of Site 25,namely the District's Stevens Creek Shoreline Nature Study Area and NASA's storm water retention basin, are to be delayed until NASA officially clarifies their proposed use of the storm water basin in light of their recent commitment to study the feasibility of a system that allows for both tidal marsh restoration and storm water management. We take this opportunity to voice our concerns, and make clear our expectations,regarding remediation of NASA's storm water retention basin and the District's Baylands Preserve. First, we expect the Navy to acknowledge that the appropriate reasonably anticipated future use of our property is tidal restoration. This future use is consistent with the tidal marsh and salt pond restoration goals for the Site 25 area contained in the Baylands Ecosystem Habitat Goals Report prepared by the U.S. EPA and the San Francisco RWQCB.1 We stress the importance of recognizing this reasonably foreseeable future use and not basing decisions on its current use. Since there has been a hydrological connection between the Eastern Diked Marsh and Site 25, and the proposed remediation does not indicate otherwise, the level of remediation proposed is of direct relevance to the anticipated future use of the District's Preserve. Several recent events support our vision of future tidal restoration: Transfer of Ownership of Cargill Salt Ponds to the Public On March 6, 2003, Governor Davis, Senator Feinstein,and Secretary of the Interior Norton announced the transfer of ownership of the former Cargill salt ponds located immediately adjacent to Site 25 into public ownership. Efforts are already underway to reduce salinity levels in the ponds as the first step toward restoration of the salt ponds. These events,coupled with the District's planned tidal restoration of Steven's Creek Shoreline Nature Study Area,highlight the potential for, and desirability of,tidal restoration of the entire NASA's storm water retention basin. Strong Public Support for More Stringent Cleanup Levels As you are aware,there is overwhelming public support for cleanup to more stringent remedial action objectives RAOs with backing from localcommunities,p ublie agencies encies and environmental organizations,and by both Senator Barbara Boxer and Congresswoman Anna Eshoo. This support is closely tied to the undisputed fact that less stringent levels of remediation would create significant t Goals Project. 1999. Baylands Ecosystem Habitat Goals. A report of habitat recommendation prepared by the San Francisco Bay Area Wetlands Ecosystem Goals Project.U.S. Environmental Protection Agency, San Francisco, CA/S.F.Bay Regional Water Quality Control Board,Oakland, CA. 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 Oirertars:Pete Siernens,.Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C.Nitz - General Manager:L.Craig Britton endangered California least tern and other target species identified in the Baylands Ecosystem Habitat Goals Report. The RAOs should emphasize bioaccumulation scenarios related specifically to PCBs. NASA's Study of a Joint Tidal-Storm Water Management System NASA's commitment to study integration of tidal restoration with the storm water management system demonstrates acknowledgement of the strong opposition to a lower level of cleanup. A storm water management system, unconstrained and open to tidal flow, may also provide greater storm water capacity and therefore address NASA's potential need for increased storm water capacity associated with the planned redevelopment p d of NASA Ames. This development will significantly reduce the amount of P tin Y existing permeable surfaces thereby increasing runoff amounts and contributing to the need for a larger capacity storm water management system. Fiscal Responsibility in the use of Public Funds Further, the District is concerned about fiscally responsible use of public funds. NASA has stated that they support cleaning the storm water basin to lower levels appropriate for seasonal ponds yet, once tidal restoration does occur, they would expect the Navy to return to conduct a higher level of cleanup. This two-tier cleanup approach makes little sense because it necessarily entails higher cleanup and administrative costs that would be avoided if remediation were done to the levels appropriate for tidal restoration from the start. The environmental cost of the cleanup itself would also be duplicated as a result of the remediation project occurring twice in the same area. Potential Recontamination Lastly, the District is also concerned about the potential for the re-contamination of District lands if two levels of remediation are pursued for the larger seasonal pond. As you know,the large seasonal pond is divided in ownership between the District and NASA,yet there exists no physical boundary between the two. In essence, the properties are hydrologically connected and water and sediments freely migrate between the properties. The District is very concerned about the short-term potential for dispersal of contaminated sediments during severe storm events where the turbulence can result in movement of contaminants. If this occurs, cleanup to levels consistent with future tidal restoration will be for naught and the restoration plans of this property will be compromised. The proposed remediation plan does not include an v 1 e a uation of a dynamic tidal potential sediment load tidal channeling, depth of channel erosion and exposure to deeper sediment levels that might occur in a restored tidal wetland. Understandably, the District can only support the highest level of cleanup for the entire storm water basin. We ask that you consider our concerns when addressing the remediation of the storm water basin. If these concerns are not considered, the District would like a detailed explanation of the rationale for such decision. Thank you for your consideration of our comments regarding this important project. Sincgrely, 3 'r L. Crai 1 on, General Manager LCB:ar:dms cc: MROSD Board of Directors Mr. Scott Gromko,Remedial Project Manager Ms. Sandy 011igues,NASA Environmental Coordinator Ms.Adriana Constantinescu,Regional Water Quality Control Board Ms. Lida Tan,U.S.Environmental Protection Agency Region IX MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM Date: 23 April 2003 To: Craig Britton, General Manager and the MROSD Board of Directors From: Ren6e Fitzsimons, Docent Programs Coordinator and Jessica Morgan, Interpretive Aide RE: UPDATES: Docent and Family Outdoor Discovery Programs This memo is the first of quarterly status summaries I will begin to provide for your information about all three docent programs, as well as the Family Outdoor Discovery program. Docents are a significant component of the public outreach efforts that the District makes. Without the docents' creativity, energy, knowledge, and belief in the conservation of open space, the District would fall short of serving its constituents. The Board's continued support of the docent program is greatly appreciated. Outdoor Activity Docents After a long waiting period for many interested people, 14 new Outdoor Activity Docents (OADs) completed an 8-week (2 sessions per week) comprehensive training in June 2002. The Docent Program Coordinator provided many aspects of the training, along with trainers who were recruited from the community that specialized in such topics as biotic communities, geology, ethnobotany, bird identification, redwood ecology, signs of wildlife, interpretive techniques, safety, and how to plan and lead outdoor activities. Trainees were also required to complete observations of both non-District and District led activities throughout the summer. Thirteen of the trainees led and swept activities during fall 2002 (27 out of 47 activities offered had new OAD involvement), and have continued to contribute significantly to Outdoor Activity offerings during the winter and spring of 2003. Within the new group are three docents who are leading mountain bike rides, and are keenly interested in educating riders on District preserves about responsible and respectful cycling behavior. One of the new docents began leading interpretive horseback rides in winter 2002. These are great new activity additions to the District's outreach efforts! Veteran docents welcome the new influx of new docents to the ranks. A quote from an Outdoor Activity Docent trainee: 'I don't know that I've ever taken a course that was so thorough in coverage (for the allotted time), so interesting, and well-planned. I felt the course was an excellent return for the time I invested in it, and the time I intend to volunteer. All this on top of feeling quite well prepared and ready to handle docent responsibilities." From December 2002 through March 2003, docents offered 64 activities for public enjoyment and enrichment on 17 different preserves— including four-mountain bike and three horseback rides. Participation ranged from 5 to 35 people on a given activity. Outdoor Education Leaders A core group of 14 Outdoor Education Leaders (OELs) have been active in the program over the last six months. Docent training courses for this program will continue to be offered twice a year— late winter and early fall, to coincide with the Spaces & Species field trip seasons. This program remains a challenge to recruit for, given that docents need to be available during the week. No applicants came forward for the Spring 2003 training. April 2003 Midpeni,,�Ljla Regional Open Space District Memo: bucent Program Board Update Three OELs completed their training in mid-October 2002, and are now leading Spaces & Species field trips. In March 2003, a retreat/retraining day was provided to all OELs in an effort to present revised curriculum materials and new approaches to the activities— putting all the OELs on common ground for the new season of field trips. The retreat also gave me an opportunity to work with the OELs collectively, and observe their teaching styles and strengths. Last fall, 10 field trips were offered to students, and this spring 20 field trips are scheduled which will serve 632 students. A new approach to scheduling schools and docents that streamlines the process of providing field trips (now offered on Tuesdays and Thursdays only) has been successfully implemented. Elaina Cuzick, Public Affairs Assistant, has been invaluable to the school scheduling process. An acknowledgement letter in praise of the Spaces & Species Program is attached. Nature Center Hosts Four new Nature Center Hosts (NCHs) have been added to the roster since last fall, bringing the total to 14. This is the first addition of NCHs in several years, and recruitment efforts were successful via an online service called Volunteer Match, through postings on the District's website, and advertisements in small area newspapers. The plan is to offer another NCH training in August 2003. Interpretive Aide Jessica Morgan is the Saturday staff person at the Nature Center, and is responsible for coordinating the NCH work schedule. The Nature Center opened for the season on Saturday, April 5, and 40 people visited on the first day. Close to 800 visitors were served last season (summer through fall). Use of a new visitor registry is being piloted this spring to try to capture visitor feedback about the nature center and gather some demographic information. Docent Enrichment Opportunities Since starting with the District a year and a half ago, I have been able to coordinate and offer an increased variety of docent enrichment training opportunities, including a sandhill crane excursion hosted by California Department of Fish and Game docents, butterfly ID, field geology, redwood ecology, conservation biology of serpentine ecosystems, wildflower ID, observational astronomy, and cultural history of the south Skyline region. Local experts provided these training and education services for an honorarium. Docents from all three programs are appreciative, and welcome these enrichment sessions. On March 15, a "Spring Fling" Docent Potluck was held at Picchetti Winery and was attended by 50 people, including docent significant others, staff, and Board members. A"unique" new activity called "The Sweep Game" based loosely on the 70s show"The Dating Game"was debuted ...what a way to choose co-docents to assist with an activity! Volunteer Programs Coordinator; Paul McKowan was the creative force behind this fun! Family Outdoor Discover The Family Outdoor Discovery (FOD) program, formerly called "Family Fun," enjoyed its first season at a variety of District preserves. This program is coordinated, and the activities developed and led by, Interpretive Aide Jessica Morgan. A total of 65 visitors, including 28 children, attended the five family- focused hikes offered between December 2002 and March 2003. Unlike past Family Fun hikes based at the David C. Daniels Nature Center, the winter FOD activities were held at Fremont Older, El Corte de Madera Creek, Rancho San Antonio, and Picchetti Ranch. Activities and games explored the following themes: wildlife homes in habitats, creeks and critters, discovering with the senses, a night hike, and discovering the mixed evergreen forest. Overall, public comments and feedback have been very supportive: Quotes from Family Outdoor Discovery participants: "Very good activities for the children. My son is 5 Y2 years old, and the pace and activities were great." 'I've enjoyed all activities we've done with Jessica and am recommending her hikes to other families. 2 Michelle A. Dragony 328 Myrtle St. Half Moon Bay, CA 94019 650-726-4923 mdragony@attbi.com March 26th, 2003 Mid-Peninsula Regional Open Space District Judy Daniels, Bob Moncreif, Rolf Wertenauer, Simone Smith, Risa Galant and Renee Fitzsimons 330 Distel Circle Los Altos, CA 94022-1404 Dear Judy,Bob, Rolf, Simone, Risa,and Renee, We owe you guys a big thanks. Everything about your program is superlative. First, thank you for your generosity in taking a chance with a mixed-age homeschool group, we loved it. Second, congratulations on having built a perfectly apportioned facility at Alpine Lake. The interactive food-web on the wall really explained things. I watch while the kids ranging from age 3 to 12 chattered about who ate who. The animal skin displays were great for touch exploration. We took them all out and lined them up so we could compare them. Then the kids connected the pelts with some of the skeleton samples in the room and more observations were made. The box displays were aesthetically pleasing and information nicely chunked and connected. And the microscopes were a very big wow for all of us. Third, the curriculum itself was exemplary. Having been a teacher and later an instructional designer of environmental training materials, I've become a harsh critic of materials produced to teach people. Most fail on many levels. I can't fault you on any. From the pre- and post- curriculum activities, to the information on the actual day. The content, the metaphors chosen to illustrate, the pacing and the delivery was A+. I was ultimately impressed when Judy spoke openly about the potential controversy of in the cat-tails around the pond. That i how natural science should be taught; we burn s g p g do not know how nature works absolutely. There needs to be an open-endedness to all science discussions and we homeschooling moms were very impressed with your openness. So, thanks for a wonderful day. I hope we can come back for your next program, and your next.... We are looking for a docent who would like to work with our group. We go on local coastal hikes once a month(e.g.. Purissima, Montara Mtn, Mavericks tidal Michelle A. Dragony 328 Myrtle St. Half Moon Bay, CA 94019 650-726-4923 mdragony@attbi.com March 26th, 2003 Mid-Peninsula Regional Open Space District Judy Daniels, Bob Moncreif, Rolf Wertenauer, Simone Smith, Risa Galant and Renee Fitzsimons 330 Distel Circle Los Altos, CA 94022-1404 Dear Judy, Bob, Rolf, Simone, Risa, and Renee, We owe you guys a big thanks. Everything about your program is superlative. First, thank you for your generosity in taking a chance with a mixed-age homeschool group, we loved it. Second, congratulations on having built a perfectly apportioned facility at Alpine Lake. The interactive food-web on the wall really explained things. I watch while the kids ranging from age 3 to 12 chattered about who ate who. The animal skin displays were great for touch exploration. We took them all out and lined them up so we could compare them. Then the kids connected the pelts with some of the skeleton samples in the room and more observations were made. The box displays were aesthetically pleasing and information nicely chunked and connected. And the microscopes were a very big wow for all of us. Third,the curriculum itself was exemplary. Having been a teacher and later an instructional designer of environmental training materials, I've become a harsh critic of materials produced to teach people. Most fail on many levels. I can't fault you on any. From the pre- and post- curriculum activities, to the information on the actual day. The content, the metaphors chosen to illustrate, the pacing and the delivery was A+. I was ultimately impressed when Judy spoke openly about the potential controversy of burning the cat-tails around the pond. That is how natural science should be taught; we do not know how nature works absolutely. There needs to be an open-endedness to all science discussions and we homeschooling moms were very impressed with your openness. So, thanks for a wonderful day. I hope we can come back for your next program, and your next.... We are looking for a docent who would like to work with our group. We go on local coastal hikes once a month(e.g.. Purissima, Montara Mtn, Mavericks tidal pools). We would love a docent to tag along and answer questions. We always have a lot of questions, and I know it's optimum to learn on the scene, in context. This has been the best teaching experience I have ever had. The continuity and curiosity of this group is special. I hope there might be a docent out there that might want to share with us. Thanks again, Sincerely (Michelle A. Dragony INTEROFFICE MEMORANDUM April 17, 2003 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month March Year 2003 VIOLATIONS CITES TOTALS CRIMES CITES TOTALS Bicycles Auto burglary I Closed area 7 11 False Information I I Speed 5 9 Resisting Peace Officer I Helmet 8 13 Night-riding 0 1 ACCIDENTS/INCIDENTS Unsafe operation 0 0 Bicycle accident 0 Dogs Equestrian accident 0 Prohibited area 1 6 Hiking/running accident I Off-leash 8 16 Other first aid 0 Off-road vehicles 0 2 Search& Rescue I Closed area 0 2 Vehicle accident 0 After hours 0 2 LZ air evacuation 0 Fishing 0 0 Fire 0 Vandalism 0 7 Parking 26 29 ENFORCEMENT Parking after hours 29 35 Parking citations 55 Dumping/littering 0 2 Other citations 30 Campfires 0 0 Written warnings 40 Camping 0 0 Arrests 0 Weapons Police assistance 2 Actual contact 0 0 Report only 0 0 MUTUAL AID Evidence of 0 0 Accident I Collecting plants 0 1 Law enforcement 0 Golf ball damage to vehicle 0 2 Landing zone off-site 0 Gate rammed with vehicle 0 1 Search & Rescue 0 Medical aid 0 Structure fire I Vehicle fire I SUMMARY OF SIGNIFICANT INCIDENTS 3 J. Lloyd observed fresh four wheel drive tracks leading in to the area through an unconnected cable gate at a recently acquired property near Russian Ridge. No suspect vehicles were identified. 9 A. Correia stopped five cyclists in Sierra Azul, riding in an area posted closed to bicycles. B. Malone responded and assisted. The five cyclists were cited. They said they read about the area on the internet. 19 A visitor called and reported to B. Malone that golf balls had damaged his vehicles on two separate occasions when he parked in the Fremont Older lot. 19 Staff discovered a pile of raw chicken parts dumped on the Ancient Oaks Trail in Russian Ridge. San Mateo Sheriffs' officers responded. The site was cleaned up and no further action was taken. G. Kern, C. Barresi. 22 Rangers responded to a structure fire at a residence adjacent to the North Ridge parking lot at Purisima, due to a threat to the wildland. The structure was completely destroyed. There were no injuries. S. Anderson Minshall, B. Downing. 22 F. Reneau and B. Malone stopped a bicyclist who was riding without a helmet in St. Joseph's Hill. The cyclist was issued a written warning and advised to walk out of the preserve. He was stopped twenty minutes later for riding his bicycle without a helmet. The cyclist provided the same verbal identification, however a drivers license check revealed no match. The cyclist continued to provide the same name, however a riding companion identified him by another name. Los Gatos Police were requested as the cyclist continued to give the same name with different addresses. An officer arrived and the cyclist told him he had an Arizona license. When that came back with no match, the cyclist then provided a name that was confirmed with dispatch. The cyclist was cited for false information to a peace officer and bicycle helmet required. 28 A visitor reported suspicious shouting in Fremont Older. B. Malone stopped a visitor who said he had been shouting, and that he was a paranoid schizophrenic on medication. The visitor said he had been hearing voices, but that they had stopped and he was alright. B. Malone obtained consent to search his pack and the visitor showed him other items he kept on his person. M. Newburn and a county park ranger assisted. The visitor was coherent and calm, although delusional. He was released. A Santa Clara County deputy responded,but never arrived on scene. 28 D. Danielson was patrolling Windy Hill after hours and observed two bicyclists riding out of the Hamm's Gulch Trail area. One rider was stopped and issued a citation,but the other cyclist fled the scene. March Vandalism 2 A lock was cut into a District chain on a gate in Sierra Azul. 9 A bicycle speed limit sign was pulled out of the ground and thrown downhill, three separate times. 18 A T- post fence wire was cut in Sierra Azul. 14 A fence was cut in two places and an area-closed sign was bent in Sierra Azul. 20 A fence was cut in Sierra Azul. 23 An area closed sign was stolen in Sierra Azul. 30 "Public Park"was carved onto the electric gate at Monte Bello. i l 1 i S� i i �� {