Loading...
HomeMy Public PortalAbout20030924 - Agendas Packet - Board of Directors (BOD) - 03-21 Regional Open;. ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-21 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday, September 24,2003 330 Distel Circle Los Altos, California AGENDA* Please Note: 5:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 5:30 ROLL CALL SPECIAL MEETING OF TBE BOARD OF DIRECTORS OF TBE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 5:30 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel—Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) -one potential case 2. Conference with LeP�al Counsel—Existing Litigation,Government Code Section 54956.9(a) Name of Case—Vandeweghe et al.v. Mid peninsula Regional onal Open Space District, Santa Clara County Superior Court Case No. CV814003 3. Conference with Legal Counsel—Existing Litigation,Government Code Section 54956.9(a) Name of Case—Half Moon Bay Coastside Foundation,et al.v. Midpeninsula Regional Open Space Distri San Mateo County Superior Court Case No. CIV432548 4. Conference with Real Property Negotiator—Government Code Section 54956.8 Real Property—Santa Clara County APN 562-06-009 Agency Negotiator—Mike Williams,Real Property Manager Negotiating Party—Robert Logan,Esq.,representative for the Ivor J. James,Jr.property 5. Conference with Real Property Negotiator—Government Code Section 54956.8 Real Property—Santa Clara County APN 510-27-007 Agency Negotiator—Tom Fischer,Land Protection Specialist Negotiating Party—E.Phil and Barbara Hayes 7:30* REGULAR MEETING OF TBE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS —Public ADOPTION OF AGENDA—N.Hanko ADOPTION OF CONSENT CALENDAR—N.Hanko 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 ftm'] OFNEEST Board of Directors: Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C. Nitz • General Manager: L.Craig Britton Meeting 03-21 Page 2 *** ADOPTION OF MINUTES August 13,2003 BOARD BUsI Ess 7:40* 1 Proposed Purchase of the Remaining Undivided Three-Quarter interest(3/4)in Santa Clara County Assessor's Parcel Number 562-09-027(Boehm, et al. Property),as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)as Set Out in this Report;Adopt the Attached Resolution Authorizing Purchase of the Remaining Three-Quarter Interest in the Boehm, et al. Property;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report,Including Naming the Boehm, et al.Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve;Indicate Your Intention to Withhold the Property from Dedication as Public Open Space—C.Britton 7:50* 2 Approval of Communications Site Lease and Agreement at Pulgas Ridge Open Space Preserve with Nextel Communications;Authorize the President of the Board of Directors to Execute the Communications Site Lease and Agreement at Pulgas Ridge Open Space Preserve with Nextel of California, Inc., a Delaware Corporation Doing Business as Nextel Communications—M.Williams *** 3 Final Adoption of an Amendment to the Use and Management Plan for Pulgas Ridge Open Space Preserve;Adopt the Amendment to the Use and Management Plan for Pulgas Ridge Open Space Preserve as Tentatively Adopted on August 13,2003;Adopt the Amendment to the Use and Management Plan for Pulgas Ridge Open Space Preserve to Expand the Off-Leash Dog Access Area as Tentatively Adopted on August 13,2003—R.Harari-Kremer *** 4 Approve Resolution Increasing the General Manager's Credit Card Limit to$12,000 to Allow for Payment of County Permits for Capital Improvement Projects Which Cost in Excess of the Current $2,000 Credit Card Limit;Repeal Resolution No. 03-05 in its Entirety—C.Britton *** 5 Call a Special Meeting of the Board of Directors for October 21,2003 at 7:30 pm—N.Hanko 8:00* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. *** REVISED CLAM 8:15* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. ** TOADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by dress the Board concerning other matters during Oral Communications Each the Board of Directors. You m ad B may g g 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. X" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-17 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS August 13, 2003 MINUTES SPECIAL MEETING I. ROLL CALL President Nonette Hanko called the meeting to order at 6:07 p.m. Members Present: Jed Cyr, Mary Davey, Larry Hassett, Ken Nitz, Pete Siemens, and Nonette Hanko Members Absent: Deane Little Staff Present: Craig Britton, Sue Schectman, John Maciel, 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, 3, and 4. The Board recessed to Closed Session at 6:08 p.m. and the Closed Session commenced at 6:08 p.m. The Board concluded the Closed Session at 7:20 p.m. REGULAR MEETING M. N. Hanko called the Regular Meeting to order at 7:32 p.m. She announced that the Board had discussed Closed Session Agenda Items 1, 2, 3, and 4 in Closed Session. The Board voted 6 to 0, with Dir. Little absent, to accept a settlement offer signed by R. Molica settling a disputed personnel matter in the amount of$25,000. Additional Staff Present: Doug Vu, Sumudu Welaratna, Gordon Baillie, Cathy Woodbury, Mike Newburn, Mike Williams, Sandy Sommer, Lisa Zadek, Steve Schur, Del Woods, Tom Fischer, and Ruthie Harari-Kremer IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA 330 Distel Circle , Los Altos, CA 94022-1404 , Phone: 650-691-1200 Fax: 650-691-0485 E-mail: mrosd@openspace.org �, Web site: www.openspace.org Board of Directors: Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassert, Kenneth C. Nitz General Manager: L.Craig Britton Meeting 03-17 Page 2 ` Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR N. Hanko removed Agenda Item 9,Permit to Enter to United States Department of Agriculture (USDA)Natural Resources Conservation Services (MRCS)for Soil Sampling in Foothills, Fremont Older, Los Trancos, Monte Bello, Picchetti Ranch, Rancho San Antonio, and Saratoga Gap Open Space Preserves, Determine that the Proposed Actions are Categorically Exempt Under the California Environmental Quality Act (CEQA)Based on Findings Contained in this Report; Authorize the General Manager to Execute the Attached Permit to Enter Allowing USDA-NRCS Access to the Various Preserves for the Purpose of Soil Samplings to Update the Soil Survey of the Santa Clara County Area of the District; C. Britton removed Agenda Item 10, Schedule a Special Meeting of the Board of Directors for Tuesday, August 19,2003 at 7:00 p.m. for the Purpose of Conducting a Closed Session Concerning the Annual Board Appointee Performance Evaluations for the General Manager, General Counsel, and Controller; J. Cyr removed Agenda Item 12, Authorization for General Manager r, to Approve Contracts Not to Exceed $25,000, Including Settlement of Claims, and Approval of Amendment to Board Resolution No. 99-45 to Conform to Current Board Contracting Policies; Approve the Attached Resolution Authorizing the General Manager to Approve Contracts Not to Exceed $25,000, Including Settlement of Claims, Amend Board Resolution No. 99-45 to Conform to Current Board Contracting Policies. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of the Special and Regular meetings of May 28, 2003; June 25, 2003; and July 9, 2003; draft responses to communications from Mr. Greg Azevedo, azevedogg@netscape.net; and Mr. James Citta, citta@aol.com; Agenda Item 8, Authorization to Change District's Designation of Authorized Signatories for District General and Payroll Checking Accounts; Amend by Resolution Section 2.40 of the District's Rules of Procedure Adding the Land Acquisition Manager as an Approved "Financial Instrument Si ng atory," Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for General Checking Account (Mid-Peninsula Bank); Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Payroll Checking Account (Mid-Peninsula Bank), Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts; Agenda Item 11,Permit for United States Department of the Army to Enter the Former Almaden Air Force Station on Mt. Umunhum for Exploratory Testing,and Monitoring at Sierra Azul Open Space Preserve, Determine that the Proposed Actions are Categorically Exempt Under the California Environmental Quality Act (CEQA)Based on Findings Contained in this Report, Authorize the General Manager to Execute the Attached Permit to Enter Allowing the United States Department of the Army (Army Corps of Engineers) Access to the Property to Test the Soil and Groundwater to I I i Meeting 03-17 Page 3 Determine Whether Toxic Contamination is Present, Further Authorize the General Manager to Approve Any Minor Corrections, or Grammatical or Technical Revisions to the Attached Permit to Enter Which Do Not Involve a Change to a Material Term, Subject to the Approval of the District General Counsel; and Revised Claims 03-14. P. Siemens seconded the motion. The motion passed 6 to 0. N. Hanko abstained on Claim#6281. VH. BOARD BUSINESS A. Agenda Item No. 1 —-Approval of a Mitigated Negative Declaration and Mitigation Monitoring Program for Pul ag s Ridge Trail Construction Project and Tentative Adoption of an Amendment to the Use and Management Plan for Pul ag s Ridge Open Space Preserve; Approve the Mitigated Negative Declaration and Mitigation Monitoring Program in Accordance with the California Environmental Quality Act (CEQA), and Adopt the CEQA and De Minimis Findings as Set Out in Exhibit E of this Report, Tentatively Adopt the Use and Management Committee's Recommendation to Amend the Use and Management Plan for Pul ag, s Ridge Open Space Preserve for Demolition of the Former Hassler Health Home Waste Treatment Facility, Development of a Parking and Staging; Area, and Construction of Three New Trails; Tentatively Adopt the Use and Management Committee's Recommendation to Expand the Off-Leash Doi; Access Area as Discussed in this Report—(Report R-03-74). D. Vu gave a PowerPoint presentation and introduced Diane Renshaw, consulting ecologist on the project. D. Renshaw talked about the San Francisco Dusky-footed wood rat, which is a species of special concern, and is present in the project area. She presented facts about the rat's habitat and diet and its social structure. She showed pictures of the rat and the stick nests that they construct and live in. She said other animals, including insects and lizards, live in the stick nests. She talked about what the team had done at Pulgas to protect the rat—re-routing the trail, providing screening, and educational signing. D. Vu added that staff will work to educate the public. D. Renshaw said some of the natural predators of the rat were great horned owls, coyotes, and foxes. She said that revisiting the matter to see what impact the predators had on the rat would add to the scientific information they have. Regarding the abandoned roads, D. Vu said these areas would be re-vegetated as part of this project, but that would not take place this year. The Redwood Center will not be impacted by the trail. He said as staff will work with the Center, and that staff will be developing measures to block views from the trail into the Center's windows. The Center had not asked for more screening to date. L. Hassett complemented staff r h i He said Members to visit the sites,ff bringing Board e o b g g he felt much more knowledgeable and connected to the project and there had been much Meeting 03-17 Page 4 better public participation. He said there was a tremendous benefit to having site visits. K Nitz agreed. D. Vu said that although the Canyon Trail parallels the existing road (Hassler), it was proposed because it would provide additional trail access. L. Hassett added that the elevation difference between the road and the trail is significant. Discussion followed regarding extension of the off-leash dog area. I Cyr said that he understood that the purchase of this property in the 1980's was controversial at the time. I Cyr said that over the course of the investment, there has been substantial time and energy that has gone into the property. However, because staff has had to deal with the structures on the property, there have been significant costs that might not have been contemplated on the front-end of the purchase. C. Britton said the additional major costs on the Hassler property had been the cost of demolishing structures and a lawsuit. He added that this is the only preserve east of Highway 280 and potentially has a lot more public use. It is different than most of the District's preserves for that reason. N. Hanko commented that tonight comes close to the end of the dream that the Board had for the property when the District first bought it. She thanked the Use and Management Committee and staff. Motion: M. Davey moved that the Board approve the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act (CEQA), and adopt the CEQA and De Minimis Findings as set out in Exhibit E of the staff report; tentatively adopt the Use and Management Committee's recommendation to amend the Use and Management Plan for Pulgas Ridge Open Space Preserve for demolition of the former Hassler Health Home waste treatment facility, development of a parking and staging area, and construction of three new trails; and tentatively adopt the Use and Management Committee's recommendation to expand the off-leash dog access area as discussed in the staff report. K. Nitz seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 2 - Approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Saratoga Summit Trail Construction Project and Final Adoption of an Amendment to the Use and Management Plan for Long Ridge Open Space Preserve: Approve the Mitigated Negative Declaration and Mitigation Monitoring Program in Accordance with the California Environmental Quality Act (CEM. and Adopt the CE A Findings and De Minimus Findings as Set Out in this Report; Amend the Use and Management Plan for Long Ridge Open Space Preserve for the Meeting 03-17 Page 5 Construction of the Saratoga Summit Trail, which will be Open to Hikers and Equestrians Only, Waive the Requirement for a Second and Final Reading of the Adoption of the Use and Management Plan Amendment Because of the Necessity to Construct and Complete this Project in Order to Secure Grant Funds by the May 2004 Deadline—(,Report R-03-73). S. Welaratna presented the staff report and answered questions about the crossing. She noted that this was one of the safer crossings. She said there were no signs at the vista point parking lot telling where the trail head was. P. Siemens and K. Nitz agreed that there needed to be such signage. C. Britton said there would be a map board and maps. S. Welaratna said staff would work with CalTrans to try to resolve parking and signing issues. M. Newburn noted that the CalTrans lot is not patrolled at night, and there have been vandalism problems there. L. Hassett said that he is enthusiastic about this trail, and he was not aware of any opposition from South Skyline residents. S. Welaratna said that signage and stiles would be used to discourage use by bicyclists. N. Hanko commented that the District has waited years for this connection to occur. Motion: M. Davey moved that the Board approve the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act (CEQA), and adopt the CEQA and De Minimis Findings as set out in the staff report; amend the Use and Management Plan for Long Ridge Open Space Preserve for the construction of the Saratoga Summit Trail, which will be open to hikers and equestrians only; and waive the requirement for a second and final reading of the adoption of the Use and Management Plan amendment because of the necessity to construct and complete this project in order the secure grant funds by the May 2004 deadline. P. Siemens seconded the motion. Discussion: S. Schectman informed the Board that the open space planning process allowed the District to dispense with the second reading. Vote: The motion passed 6 to 0. C. Agenda Item No. 3—Authorization to Reject All Bids Received July 2929, 2003 and Solicit New Bids for Construction of the Foothills Field Office Maintenance Shon Building Replacement at Rancho San Antonio Open Space Preserve; Authorize Staff to Reject All Bids Received for Construction of the Maintenance Shop Building,for the Foothills Field Office at Rancho San Antonio Open Space Preserve; Authorize Staff to Solicit New Bids—(Report R-03-751. Meeting 03-17 Page 6 S. Schur presented staff s recommendations. Discussion followed regarding the reasons for the project having to be bid three times. S. Schur detailed what the"associated costs" were and why there was such an increase in those costs. He introduced Don Stoddard, construction management consultant, who talked about what background information is asked for on bidders. He also discussed building costs and said the building will be insulated. No equipment is included in the bid. Motion: M. Davey moved that the Board reject all bids received for construction of the Maintenance Shop Building for the Foothills Field Office at Rancho San Antonio Open Space Preserve; and authorize staff to solicit new bids. P. Siemens seconded the motion. Discussion: J. Cyr commented that he hoped with the addition of consultants and staff to deal with the kind of issues that had been raised that it will help in our education for future projects. He encouraged staff to get professional help for projects of this magnitude. On the budget guidelines, K. Nitz commented that he did not think the Board should change their average. He thought they should keep the five-year average. C. Britton said he was glad D. Stoddard was hired as the District's construction consultant. He apologized for not having a decent estimate on the project to start with. He hoped that staff would have better information to present to the Board in the future. Regarding the estimated cost per year, C. Britton said that staff facilities are almost never grant funded. L. Hassett said he believed there were substantial opportunities for a photovoltaic system. Vote: The motion passed 6 to 0. D. Agenda Item No. 4- Approve the Reorganization of the Acquisition Department; Amend the Position Classification Plan, Eliminating the Real Property Representative Position and Approve the Filling of the Vacant Land Acquisition Manager Position and Corresponding Budgetary Increase—(Report R-03-78). C. Britton said he thought the job description, "Real Property" should substitute for "Land Acquisition" in both recommendations. Board Members agreed that this was a decision that should be made by the staff. Motion: M. Davey moved that the Board approve Reorganization of the Real Property Department as set out in the staff report; and amend the Meeting 03-17 Page 7 Position Classification Plan, eliminating the Real Property Representative position and approve the filling of the vacant Real Property Manager position and approve a corresponding budgetary increase. P. Siemens seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5- Approve a Five Point Salary Increase to the Assistant General Manager Position and Amend the Position Classification and Compensation Plan to Reflect the New Salary Range—(Report R-01-82� C. Britton was available to answer questions. Motion: M. Davey moved that the Board approve a salary increase of Five Points to the Assistant General Manager Position and amend the Position Classification and Compensation Plan to reflect the new salary range. J. Cyr seconded the motion. The motion passed 6 to 0. F. Agenda Item No. 6- Authorize Entering into an Agreement with Primary Consulting Services for Needed Staff Recruitments for an Amount Not to Exceed $30,000 to Conduct Five Staff Recruitments—(Report R-03-83 . Motion: M. Davey moved that the Board authorize the General Manager to enter into an agreement with Primary Consulting Services for an amount not to exceed $30,000 to conduct five staff recruitments. N. Hanko seconded the motion. Discussion: S. Thielfoldt presented the staff report and answered questions regarding bidding. S. Schectman said the District policy is to try to get three consultants to submit proposals. Vote: The motion passed 6 to 0. G. Agenda Item No. 7 - Adoption of Ordinance Permitting Scattering of Human and Animal Cremated Remains (Cremains) on District Lands: Adopt Ordinance No. 03-02 Allowiniz the Scattering of Legally Cremated Human and Animal Remains (Cremains) on District Property, Pursuant to California Health and Safety Code Section 7116; Direct Staff to Develop Procedures and Guidelines for Implementation of a Permit System Consistent with this Ordinance—(Report R-03-80). G. Baillie outlined the report including staff recommendations. Motion: J. Cyr moved that the Board adopt Ordinance No. 03-02 allowing the scattering of legally cremated human and animal remains (cremains) on District property, pursuant to California Health and Safety Code Section 7116; and direct staff to develop procedures and guidelines for implementation of a permit system consistent with this Ordinance. M. Davey seconded the motion. Meeting 03-17 Page 8 Discussion: G. Baillie noted that there had been no official policy until now; however, the working policy was similar to the one proposed. He said the public interest in scattering of cremains had peaked in 1999 when the State law was changed. Vote: The motion passed 6 to 0. H. Agenda Item No. 9-Permit to Enter to United States Department of Agriculture (USDA)Natural Resources Conservation Services(NRCS) for Soil Sampling in Foothills Fremont Older Los Trancos Monte Bello Picchetti Ranch Rancho San Antonio, and Saratoga Gap Open Space Preserves; Determine that the Proposed Actions are Categorically Exempt Under the California Environmental Quality Act (CEQA) Based on Findings Contained in this Report; Authorize the General Manager to Execute the Attached Permit to Enter Allowing USDA-MRCS Access to the Various Preserves for the Purpose of Soil Samplings to Update the Soil Survey of the Santa Clara County Area of the District—(Report R-03-76). R. Harari-Kremer answered questions. She said the information gathered would be used to update soil maps. There will be information from this that will be helpful to the District. USDA-MRCS will provide the District with all the data collected. She said this was a partnership of federal, state, and local agencies and was not just being done on District land. She said USDA-NRCS would be testing many different soil properties. C. Woodbury added that this is done all over the country and gives staff a basis to work from. R. Harari-Kremer said USDA-NRCS would use hand tools and dig up to 5 feet deep. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; and authorize the General Manager to execute the Permit to Enter allowing USDA-NRCS access to the various preserves for the purpose of soil samplings to update the Soil Survey of the Santa Clara County Area of the District. I Cyr seconded the motion. The motion passed 6 to 0. C. Britton agreed with I Cyr that this would be valuable information. I. Agenda Item No. 10- Schedule a Special Meeting of the Board of Directors for Tuesday, August 19, 2003 at 7:00 p.m. for the Purpose of Conducting,a Closed Session Concerning the Annual Board Appointee Performance Evaluations for the General Manager, General Counsel, and Controller-(Report R-03-79). C. Britton said he would propose that the meeting begin at 5:30 p.m. instead of 7:00 p.m. Meeting 03-17 Page 9 Motion: M. Davey moved that the Board schedule a Special Meeting of the Board of Directors for Tuesday, August 19, 2001, at 5:30 p.m. for the purpose of conducting a closed session concerning the annual Board appointee performance evaluations for the General Manager, General Counsel, and Controller. J. Cyr seconded the motion. The motion passed 6 to 0. J. Agenda Item No. 12- Authorization for General Manager to Approve Contracts Not to Exceed $25,000, Including Settlement of Claims.., and Approval of Amendment to Board Resolution No. 99-45 to Conform to Current Board Contracting Policies; Approve the Attached Resolution Authorizing;the General Manager to Approve Contracts Not to Exceed $25,000, Including Settlement of Claims; Amend Board Resolution No. 99-45 to Conform to Current Board Contracting Policies—(Report R- 03-81). J. Cyr suggested a modification to page 2 of the resolution, second paragraph, to delete the last part of the sentence following, ". . . or settle Legal Claims." Motion: J. Cyr moved that the Board approve Resolution No. 03-28, as modified, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the General Manager to Approve, Settle, or Deny Legal Claims, to Execute All Necessary Documents to Resolve Such Claims, and to Approve Amendments to Permits to Enter District Property. L. Hassett seconded the motion. The motion passed 6 to 0. VIH. INFORMATIONAL REPORTS P. Siemens reported that the Monte Sereno Council supported the coastal annexation resolution. J. Cyr: 1. He had not heard when the annexation resolution would be on the Sunnyvale Council agenda. Staff will check. 2. A coast side barbecue is scheduled for 5:30 p.m. on August 18. L. Hassett had noticed that substantial work was being done at the tree farm. It looked very good and he was happy to see that. M. Davey enjoyed the South Skyline annual picnic, and the people she talked to were very supportive of the annexation. N. Hanko: 1. In going through her slides, she found some that Stan Norton had taken of the District Board working on its Basic Policy in 1975. There were also pictures of a staff retreat and pictures of District land and how it looked. She will lend them to the District so the pictures can be digitized. 2. She would like to see the beautiful message regarding the oak included in the District's newsletter. C. Britton: 1. The FYIs included information on the conservation easement workshop. 2. Sister Patricia Marie called. Escrow closed last Thursday on the Presentation Center property I __l Meeting 03-17 Page 10 and she has invited the Board to come for a tour of what the Center are proposing and for dinner with her Board on September 23. 3. The staff recognition day event will be on August 27 and the evening event is September 12. 4. Warren Phillips' retirement party will be Friday, August 15 at Picchetti. 5. August 21 is the date of the opening of the Ridge Trail through the San Francisco watershed lands. 6. He went to the annual meeting of the California Joint Powers Insurance Authority on July 23. 7. J. Escobar's farewell party was great. 8. He went to the San Carlos Council meeting at which they passed the District resolution. 9. He took Supervisor Jerry Hill and his staff on a tour on August 4. 10. He made a presentation at the San Mateo County Special District meeting. C. Woodbury reported that the Old Page Mill project is underway. Staff is due to get the Jacques Ridge permit any day and that will also be underway. J. Maciel talked about the tree farm work which is currently in the first of three phases. IX. ADJOURNMENT At 9:50 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 03-14 Meeting 03-17 Date 08/13/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6196 $149.32 Accent&Artech Lamination Supplies 6197 $313.47 Adcom/BHS Headsets 6198 $151,13 ADT Security Services Burglar Alarm Service 6199 $1,735.85 Allied Auto Works Vehicle Service and Repairs 6200 $127.01 ANG Newspapers Legal Advertisement 6201 $39.39 AT&T Telephone Service 6202 $86.55 Baron Welding&Iron Works,Inc. Plumbing Supply 6203 $361.98 Brim Tractor Company, Inc. Tractor Accessories 6204 $122.49 Browning-Ferris Industries Garbage Service 6205 $19.67 California Water Service Company Water Service 6206 $3,788.40 '1 City of Los Altos Sewer Service-Distel Circle 6207 $160.00 Clark Pest Control Pest Control 6208 $81.19 Cole Supply Co.,Inc. Janitorial Supplies 6209 $5,794.63 Columbia Printing Map Printing-Sierra Azul,Plugas Ridge&St.Joseph 6210 $456.68 Costco Supplies 6211 $431.00 CO-Industries,Inc. Volunteer Supplies 6212 $843.49 Cresco Equipment Rentals Tractor Rental 6213 $130,00 Decatur Electronics,Inc. Radar Certification 6214 $75.00 Del Rey Building Maintenance Lights Replaced&Repaired Water Faucet-Admin.Office 6215 $1,844.36 Design Concepts Brochures&Business Cards 6216 $258.98 Design Signs Reflective Lettering/Numbers for Gates 6217 $183.88 Ed Jones Co.,Inc. Uniforms 6218 $2,480.97 Emergency Vehicle Systems Equipment Repairs 6219 $2,117.73 '2 Employment Development Dept. 2001/2002 SDI Corrections 6220 $25.00 Environmental Volunteers Membership Dues 6221 $990.00 Ergo Vera Ergonomic Training Classes 6222 $6,358.85 `3 First Bankcard 612.77-Training&Conf.Exp. 169.95-Intemet Services 230.46-Software&Computer Equip. 2750.48-Field Equip.Supp.&Uniform Exp. 297.30-Special Events Expenses 152.08-Books 1718.44-Planning&Building Permit 427.37-Local Business Meeting 6223 $221.47 Forestry Supplies,Inc. Field Supplies 6224 $22.97 Foster Brothers Pad Locks 6225 $2,523.20 Freyer&Laureta,Inc. Consulting Services-Old Page Mill Road III 6226 $52.31 G&K Service Shop Towel Service 6227 $2,896.11 Gardenland Power Equipment Field Supplies&Equipment 6228 $542.46 Goodco Press,Inc. Printing Services-Labels&Envelopes 6229 $600.00 Heather Heights Roads Association Road Dues-Saratoa Gap 6230 $900.00 International Training Resources Defensive Tactics Seminar 6231 $2,134.46 Jakaby Engineering Consulting Services-Virginia Mill Trail 6232 $1,118,04 John Shelton,Inc. Field Supplies 6233 $250.00 Kate Hall Training-Cervical Collar&Backboard Use Review 6234 $1,376.21 Kinko's Printing Services-FEIR,Virginia Mill Plan,&Old Page Mill Plan 6235 $136.79 Kwik Key Lock&Safe Co.Inc. Lock&Key Services 6236 $528.64 Los Altos Garbage Co. Refuse Services Page 1 of 3 I Claims No. 03-14 Meeting 03-17 Date 08/13/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6237 $36.20 MCI Long Distance Telephone Service 6238 $118.57 MegaPath Networks Internet Connection-DSL Line SFO 6239 $25,000.00 ## Molica,Ralph Settlement Agreement 6240 $300.00 Nitz,Ken Reim.Conference-Special District Conference 6241 $65.00 Northern Energy,Inc. Propane Tank Rental 6242 $93.00 Novagraph Chartist Software 6243 $2,960.88 Old Republic Title Company Title&Escrow-Presentation Center 6244 $882.72 Orchard Supply Hardware Field Equipment&Supplies 6245 $654.68 Pacific Bell Telephone Service 6246 $35.00 '4 Palo Alto Chamber of Commerce Registration Fee 6247 $180.99 Peninsula Digital Imaging Printing-Old Page Mill Plan 6248 $500.36 PIP Printing Volunteer Newsletters 6249 $1,200.00 Portola Park Heights Property 2003 Road Assessment 6250 $48.13 Precision Engravers, Inc. Name Tag Engraving 6251 $95.72 Pringle Tractor Co. Tractor Supplies 6252 $419.40 PT Armor,Inc. Uniform Expense 6253 $8.05 Rancho Hardware&Garden Shop Field Supply 6254 $235.00 Ray L.Hellwig Services Co.,Inc. HVAC Repair-Admin.Office&Tenant Space 6255 $36.13 Rayne Water Conditioning Water Conditioner Service 6256 $51.20 Regal Dodge Truck Supply 6257 $125.17 Robert's Hardware Field Supplies&Equipment 6258 $145.00 Roy's Repair Service Vehicle Repairs&Service 6259 $781.56 San Jose Mercury News Legal Display Ad. 6260 $511.21 San Jose Water Company Water Service 6261 $10.00 San Mateo Co.Public Health Lab. Tick Testing 6262 $13,000.00 '5## San Mateo Local Agency Formation Coastal Annexation Application Fee Commission 6263 $325.00 Santa Clara County-Dept.of Env. Permit-Hazardous Material Storage Health 6264 $44.00 Santa Clara County-Office of Sheriff Fingerprinting-New Recruit 6265 $2,006.00 Seever,Richard DBA Rural Pig Mgmnt. Pig Control Services 6266 $3,900.00 Skyline Builders,Inc. Demolish-La Honda House Former McDonald Res. 6267 $157.95 '6 Skyline County Water District Water Service 6268 $200.00 Smith,Malcom Public Affairs Consultant-Resolutions 6269 $425.00 Society for Ecological Restoration Conference Registration&Membership-C.Roessler 6270 $7,118.07 '7 Sommer,Sandy Reimbursement-Building Permit Fee 6271 $600.00 Sorich Enterprises Road Dues 6272 $83.00 South Bay Regional Public Safety Training-B.Guzman 6273 $241.83 Summit Uniforms Uniform Expense 6274 $1,600.00 System for Public Safety Recruitment-Background Research 6275 $770.91 Tadco Supply Janitorial Supplies 6276 $191.25 Timothy C.Best,CEG Consulting Services-Pulgas Ridge Road Assessment 6277 $884.97 Tires on the Go Tires&Tire Repairs 6278 $25.74 Turf&Industrial Equipment Co. Vehicle Supplies 6279 $34.87 United Parcel Service Parcel Shipping 6280 $2,903.75 ## United Rentals Highway Tech. Signs 6281 $111.44 Verizon Pager&Pager Service 6282 $600.00 Wolfe,Roberta Recording Services Page 2 of 3 Claims No. 03-14 Meeting 03-17 Date 08/13/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6283 $225.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 6284 $111.27 Xpedite Fax Broadcast System Services 6285 R $86.55 All Laser Service Toner Cartridges 6286 R $3,500.00 Bay Area Open Space Council Annual Pledged Support-Greenbelt Alliance 6287 R $1,410.00 Biotic Resources Group Consulting Services-Virginia Mill Project 6288 R $2,597.00 BNY Western Trust Company Note Paying Agent Fees-1999 Second Issue Bonds 6289 R $14.50 Contra Costa County Recorder's Office Death Certificate 6290 R $2,040.00 Gary Ifland&Associates,Inc. Surveyor Services 6291 R $13,765.00 ## Gary Marciel Excavating Grading Svc-Skyline&Foothills 6292 R $111.98 Goodco Press Inc. Printing Services-Business Cards 6293 R $85.66 Los Altos Typewriter Typewriter Repair 6294 R $215.00 National Recreation&Park Association Membership Renewal 6295 R $1,082.50 Nortrax West Equipment Rental 6296 R $706,41 Office Depot Office Supplies 6297 R $887.95 Pacific Bell Telephone Service 6298 R $222.00 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 6299 R $25.00 *8 San Mateo County Filing Fee-Notice of Determination-Pulgas Staging Area 6300 R $25.00 *9 Santa Cruz County Filing Fee-Notice Determination-Long Ridge 6301 R $134.19 West Group On-Line Legal Services Total $139,392.44 *1 Urgent Check Issued 7/30/03 *2 Urgent Check Issued 8/06/03 *3 Urgent Check Issued 7/31/03 *4 Urgent Check Issued 7/30/03 *5## Urgent Check Issued 7/28/03- Expenditure to Date Exceeds 1 OK But Not 25K *6 Urgent Check Issued 8/07/03 *7 Urgent Check Issued 7/29/03 *8 Urgent Check Issued 8/12/03 *9 Urgent Check Issued 8/12/03 ## Expenditure to Date Exceeds 1 OK But Not 25K Page 3 of 3 Regional Open !". ice s 1 R-03-95 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-21 September 24, 2003 AGENDA ITEM 1 AGENDA ITEM Proposed Purchase of the Remaining Undivided Three-Quarter Interest (3/4) in Santa Clara County Assessor's Parcel Number 562-09-027 (Boehm, et al. Property), as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Adopt the attached resolution authorizing purchase of the remaining three-quarter interest in the Boehm, et al. property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Boehm, et al. property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space. INTRODUCTION The District has the opportunity to acquire the remaining three-quarter interest in the 52.39-acre Boehm, et al. property as an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve. Since acquiring the initial one-quarter interest in the property in 1998 (see Report R- 98-122), staff has continued to negotiate with the owners of the remaining private interests, culminating in this proposed acquisition. DESCRIPTION (see attached map) The 52.39-acre property is located in the Cathedral Oaks area of Sierra Azul Open Space Preserve, approximately halfway between Lake Elsman to the south and Mt. Thayer to the north. Situated high on a prominent ridge, the property is highly visible from many locations in the Sierra Azul area, and can be seen from as far away as Summit Road. The property is bisected by a very prominent ridge that forms the divide between two watersheds. West of the divide, the property spans a narrow canyon that serves as the upper headwaters of Cothran Creek, which drains to the southwest into Los Gatos Creek. Steep chaparral-covered slopes give way to a narrow stand of mixed evergreen trees that line the canyon bottom. East of the divide, the property encompasses a much larger canyon that descends to the southeast into Austrian Gulch. The upper slopes of 330 Distel Circle - Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org - web site: www.openspace.org A= OFNEE� 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-03-95 Page 2 this canyon are densely covered with chaparral, while the lower slopes and canyon bottom are heavily forested with mixed evergreen species and large Douglas fir trees. The perennial stream that flows through this canyon is lined with a number of riparian species including bigleaf maple, willow, and box elder. The property is bordered by the watershed lands of San Jose Water Company to the north and east, and by District-owned land to the north, south, and west. Access to the property from the west is achieved via an unsurfaced road which is currently maintained as a District patrol route through the Cathedral Oaks area of Sierra Azul Open Space Preserve. Two non-maintained dirt roads branch off the main road, and traverse the remainder of the property. There are no structures or other improvements on the property. The property is an important addition to the Sierra Azul Open Space Preserve to preserve the integrity of the Los Gatos Creek watershed, to maintain the area's value as wildlife habitat, and to protect the scenic ridgeline that frames the Cathedral Oaks Area. Acquisition of the property will consolidate two separate holdings in the Cathedral Oaks Area into a larger, contiguous area, creating the potential for future trail connections to Mt. Thayer. USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and zoned Hillside (HS), requiring a 20 to 160 acre minimum lot size, dependent upon average steepness of slope. The property consists of one legal parcel and, therefore, is a single residential site. The property also falls within the County-designated Los Gatos Watershed Area, which places additional constraints on potential development. The property is rated in the District's Master Plan as having a very high composite open space value, and is important in terms of wildlife habitat, watershed, and scenic hillside protection. 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 the public at this time. Patrol: Maintain existing patrol road. Signs: Install private property and preserve boundary signs where appropriate. R-03-95 Page 3 Dedication: Indicate your intention to withhold the property as public open space at this time. Name: Name the property as an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CEQA COMPLIANCE Project Description The project consists of the acquisition of the remaining three-quarter(3/4) interest in a 52.39-acre parcel of land as an addition to the Cathedral Oaks area of Sierra Azul 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 adjacent 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(the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 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 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 accept fee interests in the property and maintain the open space character of the area. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer ownership of the property to the District and ensure that it will be preserved as public open space. This acquisition qualifies under all 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 will have a significant effect on the environment. TERMS & CONDITIONS The purchase price of the remaining undivided three-quarter (3/4) interest in this 52.39-acre R-03-95 Page 4 property is $150,000. The property is being acquired on an all cash basis at the close of escrow. This price represents an undiscounted (3/4) interest in the entire property valued at $200,000 which equates to approximately $3,800 per acre. The purchase price is considered fair and reasonable in this real estate market area. BUDGET CONSIDERATIONS 2003-2004 Budget for Land Acquisition New Land $15,000,000 New Land Purchased this year (3,365,000) Boehm, et al. Acquisition proposed on this agenda (150,000) Acquisition Budget Remaining 11,485,000 Controller M. Foster has been consulted on this proposed acquisition, and has indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve for protection of wildlife habitat, watershed and scenic backdrop. PUBLIC NOTIFICATION Other property owners in the area have been mailed written notices of this proposed acquisition. Prepared by: Michael C. Williams, Real Property Manager Exhibit Prepared by: Ruthie-Harari-Kremer, Open Space Planning Technician Contact Person: Same as above PROPOSED HEYMANN AND BOEHM ACQUISITION (3/4 Interest) Sierra Azul Open Space Preserve o Mt.Thayer P\ aden� 3483 Roa o Roads H } Mt.Umunhum r SA08 ' SA14J Sa'n.Jose Water Company l _. r I _ / SA10 , .,� � Heymann & Boehm i � / /��Ralph r S r / / i ,R Proposed Acquisition -r > 2715 Remaining 3/4 Interest r i t (52.39 Acres) _ San Jose r Water - > / Compa,ny SA12 , - Sbpp1y Rwry�gR.e SA28 Sierra A Z U( ...,..SA27 _ Cathedral Oaks Area BroS. y1 - ! ` CathermofeR°ros SA15 Loma Prieta R c Wright 1 ; po °'- �a p i ! sera , Sears �permole Road -- Ga r. \hermolfftoad f{i -V/_.�SI°'G� - <° p��alaRcL L r ' t ake ' Miles � .,r.. I � �' �' �' �✓ . �.� -�� � t� � � � , i 0 0.25 0.5 1 4 l l G MRWECTS/SIERRA_AZU OEM ACOrHOEIYA_ACOUISITION.MXD RH RESOLUTION 03- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANTS TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(SIERRA AZUL OPEN SPACE PRESERVE- LANDS OF BOEHM, ET AL.) The Board of Directors of M[idpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of M[idpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Donald F. Boehm and Jennifer Lin Boehm, Ronald Boehm and Steven B. Heymann and Nancy K. Heymann, as Trustees of the Heymann Family Trust dated April 20, 1994 and the M[idpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance for the Grant Deed and Quitclaim Deeds on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$150,000.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of M[idpeninsula 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 I I i i I i i i I i f PURCHASE AGREEMENT This Agreement is made and entered into by and between DONALD F. BOEHM and JENNIFER LIN BOEHM, husband and wife as joint tenants; RONALD A. BOEHM a single man; STEVEN B. HEYMANN and NANCY K. HEYMANN, as trustees of the Heymann Family Trust dated April 20, 1994 (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 75% interest in certain real property consisting of approximately 52.39 acres 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; 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 25% interest in said real property and District desires to purchase Seller's remaining 75% interest in said 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 said property to District so that District owns an undivided 100% fee interest in said property, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees agrees to sell to District and District a to purchase g g from Seller, Seller's undivided 75% fee interest in that certain real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately fiftytwo and thin nine hundredths 52.39 acres, more or less, and commonly referred to as Y ( } Y Santa Clara County Assessor's Parcel Number 562-09-027. Said property is further described in the Legal Description attached to Preliminary Report Number 51172019 dated August 22, 2003 A co of said Preliminary Report is attached hereto as from North American Title Company. py y p Exhibit "A", and incorporated herein by this reference. Said property is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real i property and appurtenances being acquired by District shall hereinafter be called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be One Hundred Fifty Thousand and No/100 Dollars ($150,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at North American Title Company, 497 N. Santa Cruz Avenue, Los Gatos, CA 95030 (408) 399-4100 (Escrow number 51172019) 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 su persede any inconsistent provisions contained n in t deliver, pursuant to the terms of herein. Escrow Holder is hereby appointed and instructed o de v , this Agreement, the documents and monies to be deposited into the escrow as herein provided, t with the following terms and conditions to apply o said escrow: A. The time provided for in the escrow for the close thereof shall be on or before October 31, 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 r Holder causes the Deeds as defined below to be recorded in the Office of the Count Escrow ( ) Y Recorder of Santa Clara County . .y B. Seiler 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 and Quitclaim Deed, covering the Property as described in said Exhibit "A". Seller may convey fractional interests in the Subject Property to District, by means of one or more Grant and Quitclaim Deeds so long as, upon the Closing, (a) the Seller's entire undivided seventy-five percent (75%) of fee title to the Subject Property is conveyed to District by Seller, and (b) District is able to obtain an owner's policy of title insurance in accordance with Section 3(F) below. D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificates of Acceptance for the Grant and Quitclaim Deed or Deeds, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of One Hundred Forty-nine Thousand and No/100 Dollars ($149,000.00) which is the balance of the Purchase Price of One Hundred Fifty Thousand and No/100 Dollars as specified in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 11 of this Agreement. E. District and Seller shall share (50/50) 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 North American Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $150,000 for the Property showing title to 75% of the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exception 4 as listed in said Preliminary Report (Exhibit "A") and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant and Quitclaim Deeds and attendant Certificates 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. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the 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 BindingAgreements. This Agreement and all other documents g g delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. C. Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. 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. H z as used herein means an A. Definitions. The term "Hazardous Waste a a > Y 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) The Property does not contain any Hazardous Waste or underground storage tanks; (ii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the 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; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the 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; (vii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the 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. C. . Seller shall Indemnitv indemnify,, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained herein, or arising from related to or connected with the existence of any hazardous substances of any kind on or in the property, except when any hazardous substance contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the 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 similar California Law. 10. 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 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, proceeding or arbitration instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action, proceeding or arbitration goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. D. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may in writing: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance, including execution of any documents which may allow Seller to accomplish a tax deferred exchange of property as permitted by law; provided, however that the District shall not take title to any third party property other than the Subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. E. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, P Y power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. F. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or, other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Donald F. and Jennifer Boehm, Ronald A. Boehm and Steven B. and Nancy K. Heymann, Trustees c/o Donald Boehm c/o Steven B. Heymann Novx Corporation 830 Jury Court San Jose, CA 95112 TEL: (408) 353-8338 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. G. Severability. If any of the provisions of this Agreement are held to be void f an court f competent the r unenforceable b or as a result of a determination o co 0 o Y Y P jurisdiction, 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, 1 r together, shall 11 a deemed as an original, and when executed separately o each of which shall b P Y constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. I. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. J. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. K. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. L. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all repre- sentations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. M. Assig nment. 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 any broker, 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 form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. R. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. S. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non-binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by binding arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. Hearings shall be held in Santa Clara County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE AARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. SELLER INITIAL ISTRICT INITIAL Lz -- 11. Acceptance. Provided t t this A greement is executed by Seller and delivered to District on or before September 17, 2003, District shall have until midnight September 24, 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 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: vy� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Donald F. Boehm Date: ACCEPTED FOR RECOMMENDATION Michael C. Williams, Real Property Manager Jennifer Lin Boehm Date: APPROVED AS TO FORM: Date: TEL— Susan M. Schectman, General Counsel Ronald A. Boehm Date: Date: --------------- y ._ RECOMMENDED FOR APPROVAL: St M' n Heymann, Trustee of the Heymann amily Trust dated April 20, 1994 L. Craig Britton, General Manager ` Date: Date: c 1 APPROVED AND ACCEPTED: Nancy K. Heymann, Trustee of the Heymann Family Trust date April 20, 1994 President, Board of Directors Date: ATTEST: District Clerk Date: MENORTH AMERICAN DIRECT ALL INQUIRIES TO: TITLE COMPANY Escrow Officer: Susan K. Trovato p Tele hone No.: 408 399-4100 Our No.: 56007-51172019-SKT Mid-Peninsula Regional Open Space District Attn: Mike Williams 330 Distel Circle c e Los Altos CA 94022 Property Address: Loma Almaden Road Los Gatos, CA Update No. 2 Preliminary Report IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. 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 HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE F T A LIABILITY IS F FACILITATINGTHE 1 ANCE OF A POLICY O TITLE INSURANCE AND NO LIAB L II� PURPOSE O ISSUANCE ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of August 22, 2003 Pam Thompson/asc/prt at 07:30 am Title Officer 497 N. Santa Cruz Avenue, Los Gatos, CA 95030 Phone No.: (408) 399-4100 Fax No.: (408) 354-3212 The form of policy of title insurance contemplated by this report is: 1990 -CLTA Owner's Standard Coverage The estate or interest in the land hereinafter described or referred to covered by this report is: A fee Title to said estate or interest at the date hereof is vested in: Donald F. Boehm and Jennifer Lin Boehm, husband and wife as joint tenants; Ronald A. Boehm, a single man ; Steven B. Heymann and Nancy K. Heymann, as trustees of the Heymann Family Trust Dated April 20, 1994 and and Midpeninsula Regional Open Space District, a public district, all as tenants in common Page 2 Order No.: 56007-51172019-SKT Description: is situated in the State of California Count of Santa Clara The land referred to herein , Y Unincorporated Area, and is described as follows: THE NORTH 3/4 OF LOT 11 AND THE SOUTH 1/2 OF LOT 12 IN SECTION 13, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M. APN: 562-09-027 I Page 3 Order No.: 56007-51172019-SKT � � At the date hereof exceptions tm coverage in addition tm the printed exceptionsand exclusions contained in said policy form would be as follows: 1 General and Special Property Taxes, and any assessments collected with taxes, including utility assessments, for the fiscal year 2O03'2OO4. � Total Amount: $1.336.08 First Installment: $868.03{]pen � Second Installment: $668.03Ooen � � Land: $83,490.00 Parcel Number: 562'09-027 � � 2. The Lien of Supplemental Taxes, if any, assessed pursuant tothe provisionsof Chapter 3.5 � (commencing with Section 75)of the Revenue and Taxation Code of the State of California. 3. Notwithstanding the insuring clauses of the policy,the Company does not insure against loss Vr � damage bv reason ofe lack ofa right ho access ho and from the land. � 4. This company will require that the Grant Deed executed byJ. B. Savdi. Jr. and Linda KA. Sandi. |n Trust, as Co-Trustees of the Sardi Family 1996 Trust dated March 21, 1996 to Midpenins'ula Regional Open Space District, recorded November 13. 1Q98. ns Instrument No. 1449B23O. be re- recorded hocorrectthesmctionnumnbarinthe|ege| deschption.Thenmrreo±sactionnumberis13. � VVe are in the process of obtaining this corrected Deed. � � � � � � � � � Page Order No.: 58087-51172019'SKT INFORMATIONAL NOTES: A. There are no conveyances affecting said land recorded within twenty-four (24) months of the date of this report. B. This charge for a policy of title insurance, if issued through this title order, will be based on the short term rate. C. If an ALTA Lender's Policy is to be issued, consider the following matters: D. Water rights, claims or title to water, whether or not shown by the public records. E. An easement or lesser right not disclosed b those public records which impart constructive notice, Y 9 Y and which are not visible and apparent from an inspection of the surface of said land. F. Pursuant to Section 12413.1 of the insurance code funds deposited in escrow must be held for the following time periods before they can be disbursed: -- r 1. Cash or wired funds available for immediate disbursal after deposit in bank or confirmation of receipt in account. Bear in mind that Cash will be accepted from customers only under special circumstances as individually approved by management. 2. Cashier checks, certified checks, tellers checks--next day available funds. 3. All other checks must be held in accordance with regulation CC adopted by the Federal Reserve Board of Governors before they must be disbursed. 4. Drafts must be collected before they may be disbursed. North American Title Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. For Your Information Our Wire Instructions Are: Wire To: Credit The Account of: Comerica Bank North American Title Company 75 E. Trimble Bank Account No.: 1891528554 San Jose, CA 95131 Escrow No.: 56007-51172019-SKT Routing No.: 121137522 Branch/County No.: 560-07 Attn: Susan K. Trovato Page 5 Order No.: 56007-51172019-SKT GOOD FUNDS LAW CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES: * SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT. * NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING WITH A CHECK AGAINST A FDIC INSURED BANK). * 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A"HOLD"ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER DETAILS,CONSULT CHAPTER 598,STATUTES OF 1989.) NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES. PRELIMINARY CHANGE OF OWNERSHIP REPORT NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. IRS FORM 1099 BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER MUST FURNISH A TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099,OR ITS EQUIVALENT, WITH THE INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF THE INTERNAL REVENUE SERVICE. NOTICE OF A WITHHOLDING REQUIREMENT State Withholding & Reporting for closings after January 1, 2003: Under California Law (Rev&Tax Code 18662) a buyer may be required to withhold and deliver to the Franchise Tax Board (FTB) an amount equal to 3.33%of the sales price in the case of disposition of California real property interest("Real Property") by either: 1)a seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of seller, or 2) a corporate seller that has no permanent place of business in California. Buyer may be subject to a penalty (equal to the greater of 10% of the amount required to be withheld or $500) for failing to withhold and transmit the funds to FTB in the time required by law. Buyer is not required to withhold any amount and will not be subject to penalty for failure to withhold if: a)the sale price of the Real Property does not exceed $100,000; b)the seller executes a written certificate under penalty of perjury certifying that the seller is a corporation with a permanent place of business in California; or c)the seller,who is an individual, executes a written certificate under penalty of perjury certifying one of the following: (i) the Real Property was the seller's principal residence (as defined in IRC 121); (ii) the Real Property is or will be exchanged for property of likekind (as defined in IRC 1031) and that the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under IRC 1031; (111) the Real Property has been compulsorily or involuntarily converted (as defined in IRC 1033) and the seller intends to acquire property similar or related in service or use as to be eligible for nonrecognition of gain for California income tax purposes under IRC 1033; or (iv) the Real Property sale will result in loss of California income tax purposes. Seller is subject to penalties for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding laws. FTB may grant reduced withholding and waivers from withholding on a case-by-case basis for corporations or other entities. For additional information regarding California withholding, contact the Franchise Tax Board at (toll free) 888-792- 4900),or by e-mail at urws@ftb.ca.gov or visit their website at www.ftb.ca.gov. Page 6 Order No.: 56007-51172019-SKT Y (n rn O N ti ps4x11e M Aew 114o14AA of wjuelenO jo uoda'Aollod Aue jo tied s 11 sl jou'peelusJen6 jou sl leId slip jo AxJnoOe all r •Atisdold pasfgns an jo uopeool pueueb Ka C4 spin0 e an sauenJsAuoo InoA x4 psplAad al lgd mM uo uopewJojul oqL.. O C7 CO u7 O Z L OFf ICE OF COUNTY ASSESSOR SANTA C L A R A COUNTY, CALIFORNIA 562 � v O I o T 9 s R.I W 46 I Wrl 1 Lars I.IaT• +Imis WTI Wrs I tap Wrw T .urna I (rRRa.) (>mTh ROM) 1 1 I .rrK I KnA� 1 Ir,r♦1 I («x.fl 1�' (MAI A) 1 y AOOPENINSULA REG. j I R I OPEN SPACE DIST.I I"P I 1 L LOT7 IalO Wr, I-1R�10 0' a W:,A) 1 Dear) ♦ t: (i.iRr) (&rr+) (.�>•v) (unrrJ I �rinaH na 2d 304.33 AC.TOTAL YY YIDPENINSIAA REGIONAL OPEN SPACE DISTRICT f O a y` iLriil I Wr14 10T5 1 Lars IL WTIa 49 1�(wwA'1 (aTsad uwa� 1 rwr WW-) I Iw.g.) , i MIOPETINSULA REGIONAL (MOPEITNSUUI I I , 1 OPQI SPACE DISTRICT AECIDITAL OPEN moKwNsUTA REGIONAL ' 1 I SPACE OISIRIOT 9152 AG TOTAL I 1�.56=INTEREST) OCfR SPACE DISrfiR 1 ` NbPDi1ANJ1 REGIONAL OPEN SPACE DISTRICT 1 1 Q 1 iL.H AC.IOTAL { Ni 1111 27 I 1 ` s>!.SO A..ropL 1' I 31 GwrA WT 15 LOTH 1 WT5 I IaT Ix 1 LIT6 1 4LrI.�J NLH/f) I RrwW tnrLr) (sLsr) I u,rr I IIDPflOJ5ULA REGIONAL i 1 OPEN SPACE DISTRICT II J.w.w LOT 194 5. �. W.W. LOT 195 IOA.7I AC I 655x Ac.TOTAL 1// r' I I 1 1 1 I 1 ' 5 LAM/IKE L 5"1-ASSC550R C.J.w a6 b, PIS w Ca'OAM.4.IL s T.COIL S.M.JxT. flhaAtr Y•hr'A01-'m0I AUG 2 8 2�Q1 Regional teen f, ice R-03-88 Meeting 03-21 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 24,2003 AGENDA ITEM 2 AGENDA ITEM Approval of Communications Site Lease and Agreement at Pulgas Rie Open Space Preserve with Nextel Communications / GENERAL MANAGER'S RECO DAROT _._ _. .. Authorize the President of the Board of Directors to execute the Communications Site Lease and Agreement at Pulgas Ridge Open.Space Preserve with Nextel of California,Inc.,a Delaware corporation doing business as Nextel Communications. DISCUSSION At your April 9, 1997 meeting,you adopted an amendment to the Pulgas Ridge Use and Management Plan (see Report R-97-55)providing for the installation of a communications facility at an existing Pacific Gas and Electric Company(PG&E)transmission tower. The PG&E tower and lease area are situated at the southwest corner of the preserve adjacent to the CalTrans Park and Ride lot at Edgewood Road and Interstate 280 in unincorporated San Mateo County(see Exhibit A). The PG&E tower is not visible from the main part of the preserve where the public trail system is located and is only accessible from the CalTrans parking lot via an existing dirt and gravel access road. Previously,you approved leases with Sprint Spectrum and AT&T Wireless for Communication facilities in the area immediately under the PG&E tower(see Reports R-97-38 and R-99-29). In early 2001,Nextel approached the District seeking to place wireless antennas on the PG&E tower. Due to the lack of space under the tower,a 12'x 21'x 12'underground equipment vault was proposed to be constructed 25 feet east of the tower(see Exhibit B). Staff made several suggestions,all of which have been incorporated in the lease and the plans,which were submitted to County of San Mateo. On February 26, 2003,the County certified a Negative Declaration and issued its conditional approval of a Building Permit. The proposed Lease requires that the building permit be in fill force and effect prior to the start of construction. On March 26,2003,the Board Acquisition and Property Management Committee visited the PG&E tower and inspected the proposed Nextel site and underground vault location. The Committee recommended support of the proposal to the full Board and the negotiations continued with Nextel. Key provisions of the lease are: 1) Construction of a 12'x 21'vault 12 feet underground within a lease area of 600 sq. ft. The useable lease area where the Nextel equipment will be located is estimated at 178 sq.ft. The access hatch will project approximately two feet above grade and a small telephone equipment cabinet will be 4.5 feet above ground. Bollards are to be installed in the area surrounding the hatch and cabinet to prevent vehicle and equipment damage. The hatch and cabinet are to be finished in a non-reflective earthen brown tone. Excavated material is to be hauled offsite and properly disposed of outside 330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosdGopenspace.org - web site:www.openspace.org #wn=_-' =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-03-88 Page 2 District lands. "As-Built Plans"are to be submitted to the District when construction has been completed. 2) Initial rent of$30,000 per annum is to be increased by 4%annually for each of the remaining four years of the initial lease term. There are options for four additional five-year periods with rent to be set at the then prevailing market rate. 3) Any additional alterations or additions to the proposed communications facilities will require prior written approval of the District. 4) The Lessee will provide liability insurance to the District for risks arriving from Lessee's operations on the property. 5) A$50,000 surety bond will be provided to guarantee complete and timely performance by the Lessee of all obligation,including restoration of the area of the underground vault to its natural condition upon the expiration or sooner termination of the lease. Staff supports the approval of the Nextel Lease. The scenic aspects of this area are already compromised by the existing PG&E tower. Although visible from Interstate 280,the antennas to be installed on the PG&E tower are not visible from most of the public use areas of the Preserve and the proposed underground vault would only be visible from the PG&E tower location. This proposal provides the District with an opportunity to increase District rental revenue with a negligible visual impact to District land. CEOA COMPLIANCE The project consists of approval of a lease. An initial study was conducted by San Mateo County as the lead agency. A Negative Declaration was certified on February 26,2003 by the County Planning Commission. The District,as a responsible agency,has considered the Negative Declaration and concurs with the assessment of San Mateo County. PUBLIC NOTIFICATION A hearing on the project was properly noticed and held. The project was approved by the San Mateo County Planning Commission at a public meeting. Prepared by: John P.Dickey,Real Property Specialist Ana Ruiz,Open Space Planner 1 Exhibits Prepared by: Ruthie Harari-Kremer,Open Space Planning Technician Contact person: Michael C.Williams,Real Property Manager PULGAS RI JIGE OPEN SPAC' PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Ahir 7 ��• \ -41 { 1; ❑ •Poily Geraci Trail ••- ;'•�• ❑•• RG1) Please stay on trails. ' �[ ft •. �+ Lands adjacent are not }it 0.1 ❑'�� open to the public. X _ 1 0.2' C. 1 _ 1 `\ s . / • 1 Water Tank a'p � R 2 0 F I .( ) � Ha I ssler•Tr•ail• •OO. Hassler Loop Trail Q;•• •.®� ...:...................0......pp h %�� �_❑ Off-Leash Dog Area 1 °'� M 7 � r .� �•'•.,•� © � Redwood • " • Cent(r 4s \ 0.4 ••••....................•'Blue�� 600 .•� Oak Pn Trarl n. - 4 0 0 Cordilleras O. ❑ s aC�egtgr Zts/I ey�o 280 ❑ �f f 400 ED ProProposed GEWOOD P COUNTY PARK '= NeXtelz ite Location (San Mateo County) S 4' r -- J i i 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile Map Legend ° ® ❑ ❑ Exhibit A 1 Gate (it) Trail Distance in Miles Vehicle Driveway1. Project Location Vehicle Parking Lot Other Public Lands No Public Entry Private or Leased Lands Sea-D8-2003 03:13pa Fsnm—NE;XTE;. T-m P.003/004 F-008 �I ENLARGED AREA 1 NEW NEXTEL UNCIERGROUND VAULT --- � NEW NEx7EL _ ANTENNAS ON EA TOWER AN7E � ) PG t (£� OAK TREES S (E) KILLSIDA l5' WIDF,) �GR (E) SPRINT do �-.. CELL—ONE ►vETERS (E) GRAVEL ROAD l 5' W C1rc. j„rE) PARK & v�G FIR[ AREA ~ V (£) FREEWAY a,T ON—RAMP Q. Ca TN y9,t j SITE PLAN W_TO Gcfvl- Exhibit A 2 U COMMUNICATIONS SITE LEASE AGREEMENT 1. Premises.................................................................................................................................. 2 2. Commencement of Lease........................................................................................................ 2 3. Use. ......................................................................................................................................... 2 4. Term.....................................................................::................................................................. 2 5. Rent......................................................................................................................................... 3 6. Taxes....................................................................................................................................... 3 7. Improvements. ........................................................................................................................ 3 8. PG&E Easement. .....................................................................................................................4 9. Access to Premises.................................................................................................................. 4 10. Maintenance and Repair. .................................................................................................... 4 11. Alterations........................................................................................................................... 5 12. Utilities................................................................................................................................ 5 13. Interference with Communications and Indemnification of Interference Claims. ............. 5 14. Liens.................................................................................................................................... 6 15. Waiver of Claims and Indemnification............................................................................... 6 16. Condemnation..................................................................................................................... 6 17. Insurance............................................................................................................................. 6 18. Assignment and Subleasinjg. ............................................................................................... 7 19. Entry by District.................................................................................................................. 7 20. Termination......................................................................................................................... 7 21. Turrender; Waiver of Relocation Rights............................................................................. 7 22. Security Deposit.................................................................................................................. 8 23. Waiver................................................................................................................................. 9 24. Surrender of Pren-tises......................................................................................................... 9 25. Option to Extend Term. ...................................................................................................... 9 26. Notices. ............................................................................................................................. 10 27. Attorneys' Fees.................................................................................................................. 10 28. Hazardous Substances....................................................................................................... 11 1() ptj Cove d , !1-,ntc of I trict 30. General Provisions............................................................................................................ 11 Page I of 12 THIS LEASE is made and entered into this 27`s day of August,2003 by and between the Midpeninsula Regional Open Space District, a California special district, ("District"),and Nextel of California,Inc.,a Delaware corporation doing business as Nextel Communications("Lessee"). WHEREAS,District is the owner of certain real property,also known as Assessor's Parcel Number 050-470-080 ("Parcel"),which includes an existing Pacific Gas and Electric Company,a California corporation("PG&E")high voltage tower("Tower"),located in the County of San Mateo,State of California,and which is part of District's Pulgas Ridge Open Space Preserve("Preserve"),as shown on Exhibit A—Site Map,attached hereto and incorporated herein by this reference;and WHEREAS,Lessee plans to install,operate and maintain on and around the Tower location, a cellular communications site("Cell Site")and related equipment, transmission lines,equipment cabinets,cable runs and utility lines all pursuant to the terms and conditions hereof. NOW THEREFORE,District and Lessee agree: 1. Premises. Subject to the terms and conditions herein,District leases to Lessee that certain portion of Preserve consisting of approximately six hundred(600)square feet adjacent to the Tower, including necessary easements for access and utilities("Premises"). District and Lessee hereby agree that the Premises may be surveyed by a licensed surveyor,at the sole cost of Lessee,and such survey shall then supplement said Exhibit A and become part thereof and shall control the description of the Premises in the event of any discrepancy between such survey and the description of the Premises contained herein. 2. Commencement of Lease. a. The"Commencement Date"of this Lease shall be the date of full execution of this Lease by District. Lessee shall be permitted to commence installation of the"Improvements"as such are defined in Paragraph 7 hereof upon and after the Commencement Date only if otherwise properly permitted as set forth herein. b. This Lease,and Lessee's obligations hereunder,are expressly conditioned upon and subject to Lessee obtaining all applicable permits, including but not limited to"Use"and`Building"permits, from all necessary and appropriate government agencies to build and operate the"Improvements" as such are defined in Paragraph 7 hereof. 3. Use. The Premises may be used for the purposes of installing,replacing,removing,operating and maintaining eouipment for transmission and reception of eiectroma!4netic ano other communications signals,ana for aii lawful uses incidental thereto, and for no other purpose or purposes without District's prior written consent. District agrees,to the extent allowed by law and at no expense to District,to cooperate with Lessee in making application to obtain all licenses,permits and any and all other necessary approvals that may be required for Lessee's permitted use of the Premises. Lessee shall use the Premises in accordance with any statute, ordinance,rule,regulation,or other statement of lawful governmental authority with jurisdiction over the Premises and Lessee's use thereof now in force or which may hereafter be promulgated(collectively "Regulations"),and shall at its own expense abide by and comply with any and all such Regulations regulating Lessee's use of the Premises. Such Regulations include the"Regulations for Use of Midpeninsula Regional Open Space District Land"(Ordinance No.93-1 as amended)and Item No. 3 of the Midpeninsula Regional Open Space District Basic Policy,both of which are attached hereto as Exhibit B—District Regulations& P P Y Policies and incorporated herein by this reference. 4. Term. a. The Term of this Lease shall begin on the Commencement Date and shall expire five(5) years thereafter, unless sooner terminated in accordance with the provisions hereof,or unless extended by exercise of an option to extend the Term pursuant to Paragraph 25 hereof. Page 2 of 12 b. Lessee acknowledges that California Public Resources Code Section 5563 provides,in part, that: "When land or property is temporarily unnecessary for park or open space purposes, it may be leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should the board by ordinance determine to use the lands for park,open space,or other District purposes,the lease shall thereby be terminated." Accordingly, notwithstanding anything to the contrary contained herein, District shall be entitled to terminate this Lease,at any time during the Term hereof,pursuant to the procedpre set forth in Section 5563,provided only that District delivers to Lessee: (i) thirty(30)days prior written notice of any hearing or meeting to consider or adopt a resolution or ordinance affecting or terminating this Lease;and(ii) written notice of such termination at least twelve(12) months prior to the date on which such termination shall become effective. 5. Rent. a. Payable upon the Commencement Date hereof and annually thereafter,Lessee shall pay District the rental at the rate then in effect. The rent("Rent") for the first year following the Commencement Date shall be the sum of Thirty-Thousand($30,000.00). The Rent shall be increased annually during the initial five-year Term as follows: i. Second year of the Lease $31,200.00 ii. Third year of the Lease $32,448.00 iii. Fourth year of the Lease $33,746.00 iv. Fifth year of the Lease $35,096.00 b. All Rent payable by Lessee under this Lease shall be payable without notice or demand,and without any deduction,offset or abatement, in lawful money of the United States of America,to District at the address shown in Paragraph 26,or to such other persons,or at such other places,as District may from time to time designate in writing. c. If Lessee fails to pay any Rent within five(5)days following the date due for such payment,such unpaid amounts shall be subject to a late payment charge equal to twelve percent(12%)of the unpaid amounts from the due date in each instance. The late payment charge has been agreed upon by Lessee and District,after negotiation,as a reasonable estimate of the additional administrative costs and detriment that will be suffered by District as a result of any such failure by Lessee,the actual cost thereof being extremely difficult if not impossible to determine. The late payment charge constitutes liquidated damages to compensate District for its damages resulting from such failure to pay and shall be paid to District together with such unpaid amounts. d. Any Rent, if not paid within five(5)days following the date due for such payment, such unpaid amounts shall bear interest,until paid, at the lesser of 1.5%per month or the highest legally permissible rate then in effect. 6. Taxes. Lessee shall pay its pro-rata share of all possessory taxes leveled against the Premises and the Improvements during the Lease Term. Lessee shall pay such taxes at least ten(10)days prior to delinquency thereof and shall, upon written request,promptly deliver to District written receipts or other reasonable evidence of the payment thereof. 7. Improvements. a. Lessee shall install,maintain and operate the Cell Site improvements("Improvements") in accordance with,and as more particularly shown and described,on the Plans attached hereto as Exhibit C and incorporated herein. Such plans may be altered if required of Lessee as a condition of approval of a lawfully required permit after prior written notice to District. Lessee shall remove all excavated material from construction of the underground vault("Underground Vault")off-site and properly dispose of such material outside District property unless otherwise directed in writing by District Representative. Appropriate bollards shall be installed in the area immediately surrounding all above-grade access points. The above ground exterior finish of the Underground Vault shall be in an earthen brown tone. Page 3 of 12 As-built Plan e e hall have prepared,and promptly submit to District a complete and bs Lessee s P P � P P Y P accurate set of drawings showing the Improvements,to scale and"as-built", with ties to the nearest corner of the Parcel and depicting the footprint of the Tower. c. Title to the Improvements i. District waives any lien rights it may have concerning the Improvements, which are agreed to be the personal property of Lessee and not fixtures. Lessee shall have the right to remove the Improvements at any time without District's consent,subject to strict compliance by Lessee with all provisions hereof relating to Termination(Paragraph 20), Surrender of the Premises(Paragraph 24)and such other matters herein as are expressly provided for as surviving termination. ii. District acknowledges that Lessee has entered into a financing arrangement,including promissory notes and financial and security agreements for the financing of the Improvements(the"Collateral"), with a third party financing entity and may enter into additional financing arrangements with other financing entities. In connection therewith, District(i)consents to the installation of the Collateral; (ii)disclaims any interest in the Collateral,as fixtures or otherwise;and(iii)agrees that the Collateral shall be exempt from execution,foreclosure,sale,levy,attachment and that such Collateral may be removed at any time without recourse to legal proceedings. Upon the Commencement Date,and at such other times as the District may reasonably require,Lessee shall deliver to District an estoppel certificate showing that Lessee is in full compliance with the terms of the financing arrangement(s)and/or promissory note(s) and is current in repayment(s) thereof. 8. PG&E Easement. Tower is on the Preserve pursuant to an easement for the benefit of PG&E("PG&E Easement")recorded in Volume 2660 at Page 206 in the Official Records of the County of San Mateo,which provides,inter alia, for easements and rights of way to construct,reconstruct, install,maintain and operate electrical transmission lines, including steel structures and necessary or convenient fixtures,appurtenances,accessories and crossarms attached to such steel structures and the suspension of wires and cables for the transmission of electricity. District agrees not to interfere with or contest Lessee's use of the PG&E Easement. 9. Access to Premises. a. Lessee shall have the right,upon full execution of this Lease,to enter onto the Premises for the purpose of preparing for the installation of the Improvements. Lessee may not begin installation of the Improvements until the Commencement Date. b. Lessee shall have the sole responsibility for obtaining all necessary rights for use of the road ALCCsb ku w ) Itoili Lite l..citiiutiilil LGIJa1Iiii,G.t.Ut ♦i..i.�tJV:luu..Jci ♦ utn au�i r_i..:. ,vi v�,a ;t:i:.. Edgewood Road and Highway 280 as such is generally shown on Exhibit A. 10. Maintenance and Repair. a. Lessee acknowledges that it has inspected the Premises,and Lessee expressly accepts the Premises as is"in the condition existing as of Lessee's execution hereof without representation or warranty of any kind and subject to all applicable laws,rules and ordinances,including without limitation, zoning ordinances and regulations governing the use,occupancy or possession of the Premises. Lessee represents and warrants to District that Lessee has conducted a reasonably diligent investigation,either independently or through agents of Lessee's choosing,of the condition of the Premises and the suitability of the Premises for Lessee's intended use and Lessee is relying solely on its independent investigation. b. Lessee further represents and warrants that its intended use of the Premises is as described in Paragraph 3 hereof and agrees that neither District nor any of its directors,employees or agents have made,and Lessee disclaims any,representations or warranties,express or implied, with respect to the physical,structural or environmental condition of the Premises,or the present or, future suitability of the Premises,for the conduct of Lessee's business,or any other matter Page 4 of 12 whatsoever relating to the Premises,including, without limitation,any implied warranties of merchantability or fitness of the Premises for a particular purpose. C. Lessee shall,at Lessee's sole expense,maintain the Premises in good, safe and sanitary condition, order and repair,and shall keep the Premises free from trash and other debris.Lessee shall promptly make all repairs and replacements at Lessee's sole expense,at such times as are required for the safe and lawful operation of the Improvements in full compliance with this Lease,or when otherwise required hereunder,in such manner 4,s is reasonably pre-approved by District,by duly licensed and bonded contractors or mechanics. Lessee shall promptly remove from the Premises any vehicles,machinery,equipment or other items which Lessee no longer uses in the conduct of its business on the Premises. 11. Alterations. a. Except for the permitted Improvements,Lessee shall not make or permit to be made any substantial alterations,additions or improvements("Alteration")to,or of,the Premises or any part thereof without the prior written consent of District. b. Except for the permitted Improvements,District shall be entitled to review and accept or reject the design of any Alteration which Lessee may desire to make to the Premises. Prior to commencing construction or installation of any Alteration the design of which District determines is acceptable, Lessee shall deliver to District detailed plans and specifications for such construction or installation and obtain District's consent thereto. c. Any consent given by District pursuant to this Paragraph 11 shall not constitute implied consent to any subsequent Alteration upon or to the Premises,except for the permitted Alteration,and shall apply only to those items or matters for which consent of District was expressly requested. d. Lessee shall notify District at least ten(10)days in advance of any construction on the Premises, and District shall be entitled to post on the Premises notices of non-responsibility in favor of District prior to commencement of any such construction. e. Notwithstanding subsection(a) and(b) above,Lessee shall have the right to make Alteration to,or of, the Improvements without securing District's prior approval provided that such Alteration either substantially conforms to,or is smaller than,the physical specifications(i.e. height,width, depth and size)of Improvements previously approved by District,and which do not extend beyond the boundary of the Premises. 12. Utilities. Lessee shall be solely responsible for all utilities,and any charges therefore,furnished to the Premises for the construction, installation,use,operation or maintenance of Improvements. 1.5. 111tcl It fcili c Vvit1{w tJ 11111111i 111 i it aiJ alill liliit lil7iit iL GtitUa-; 1titW a. Lessee's facilities shall not disturb the communications contigurations,equipment and irequency which exist on District Land on the Commencement Date,and Lessee's facilities shall comply with all non-interference rules of the Federal Communications Commission("FCC"). Lessee shall not modify any existing equipment or install any new equipment on the Property which results in technical interference with any other existing equipment or improvements, including that of any other lessees of District. Lessee agrees to indemnify District,hold District harmless and defend District from and against any and all claims,demands,or actions arising from claims of other lessees of District which exist and are in operation on the Commencement Date of frequency interference caused b Lessee, provided said other lessees are operating within their assigned Y F F D b frequencies and in accordance with FCC Rules and Regulations and further provided Lessee is not operating within its licensed and assigned frequencies and in accordance with FCC Rules and Regulations.The parties acknowledge that the FCC has exclusive jurisdiction over disputes regarding frequency interference. b. District shall not permit the modification or improvements of existing,or installation of any new, equipment on the Property, which results in technical interference with Lessee's then existing communications equipment and Improvements. In any future lease, license or other grant of Page 5 of 12 permission to use District's Land,District shall require said user to expressly agree for the benefit of Lessee,to not install or operate any equipment which would cause technical interference to Lessee's then existing communications facilities located on the Premises. 14. Liens. Lessee shall keep the Premises free from any liens arising out of any work performed,materials furnished or obligations incurred by Lessee. 15. Waiver of Claims and Indemnification. Lessee waives all claims against District for loss of business or for damage to property, including the Improvements and any alterations thereto and any equipment or machinery therein,or injury or death to persons occurring in,on,or about the Premises,or the Access Road, from any cause arising at any time,except as may be caused by the negligence or willful misconduct of District. Lessee,on behalf of itself and its agents and employees,hereby indemnifies District and holds District exempt and harmless from and against any lawsuit, action,or claim of any kind,for any damage to property or injury or death to persons to the extent caused by the use by Lessee or its agents and employees of the Premises,or the Access Road,or from the failure of Lessee to keep the Premises,or the Access Road in good and safe condition as herein provided. District shall not be liable to Lessee or its agents and employees for any damage, injury,or death arising out of the act or negligence of any owner,occupant,or user of any property adjacent to or in the vicinity of the Premises and not owned by District. Lessee shall pay for all damage to the Premises and surrounding areas caused by Lessee's employees, invitees,licensees,agents,and contractors. 16. Condemnation. If a condemning authority takes all of District's Land,or a portion, which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use,then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain shall be treated as a taking by a condemning authority. 17. Insurance. a. Lessee shall maintain at all times during the Term of this Agreement the following insurance: i. Commercial General Liability with limits of at least Two Million and 00/100 Dollars ($2,000,000.00)per occurrence,and excess liability coverage in the form of an umbrella policy of not less than Five Million and 001100 Dollars($5,000,000.00); iii. workers Compeilsauoil as rcquuau by iaw,alld iv. Employer's Liability with limits of$1,000,000.00 per occurrence. b. Lessee shall name District as an additional insured with respect to the Commercial General Liability and Automobile Liability insurance policies. c. All required insurance policies must be taken out with insurers admitted in California. Lessee will deliver certificates of insurance to District upon request. All policies must contain an undertaking by the insurers to notify District in writing not less than thirty(30) days(or for non-payment of premiums, not less than ten(10)days preceding cancellation)before any material change, reduction in coverage,cancellation,or termination of the insurance. The limits of such insurance shall in no event be deemed to limit the liability of Lessee hereunder. d. District shall have no obligation to insure against loss of Lessee's Improvements,fixtures, machinery,equipment,or other personal property in or about the Premises except where such loss is attributable to District's negligence or willful misconduct, and Lessee shall have no interest in the proceeds of any insurance carried by District except where such loss is attributable to District's negligence or willful misconduct. Page 6 of 12 it ` � � � 18. Assignment and Subleasing. a. Lessee may not assign,sublet m otherwise transfer all m any part nf its interest in this Agreement � mio the Premises without the prior written consent of District,provided however that Lessee may � assign its interest to its parent company,any subsidiary or affiliate of it or of its parent company, � ortu any succeounr-in-inte,emtor entity acquiring fifty-one percent(5i%)or more of its stock or � � assets,subject ou any financing entity's interest,ifany, in this Agreement pursuant toParagraph � 7(b)ahove. Lessee acknowledges that Distric�may review the terms of any proposed assignment as well as the financial,technical and managerial capacity of any proposed assignee to assume the obligations of this Lease. Lessee agrees uo pay mDistrict the sum^f$2.5O0.00 upon approval o[ � any such assignment 6yDistrict ro compensate District for its review and transaction costs. Notwithstanding anything herein to the contrary,approval shall not be unreasonably withheld or delayed. b. District may assign this Agreement upon written notice mLessee,subject*msuch assignee � � assuming all o[District's obligations hereunder. � � c. Notwithstanding anything m the contrary contained iu this Agreement,Lessee may oxoi8n. � mortgage, y}cdgo,hypothecate or otherwise transfer without consent, its interest inthis Agreement (ouny�nunoin��ndy.� or agent on behalf of any financing enbtyuzwhonu Lessee(i)has � obligations for borrowed money or in respect of guaranties thereof;(ii) has obligations evidenced � by bonds,debentures,notes or similar instruments;or(iii)has obligations under or with respect to � letters of credit,bankers acceptances and similar facilities or in respect of guaranties thereof. � lQ. Entry by District. � � � District may,�u�c��|��W bo������nd����m�� ��u�����m � , "= . � inspect the same,m exhibit the Premises m prospective purchasers m Lessees,mto post notices ofoun- /coyonoibi)dy.aUvithoutubotemento[om$puyubbcbyLcxaeehereundcx. Lessee hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. Notwithstanding the foregoing,District shall not access,disturb or open any of Lessee's equipment or Improvements located on the Prenducm,except in the ooue of an emergency situation which poses u uuhatundu|immediate threat of injury � uopcmonaordumu�e tuPnope�y.Dia*ictohuU �ivc Lessee ay much priornodccuxisrnuaonob|ypnsxihieunder � � the circumstances prior w any such emergency entry. � � 20. Termination. � This Lease may 6cterminated without further liability on thirty(30)days'prior written notice as follows: (i)by either party upon default of any covenant,condition,or term hereof by the other party,which default is not cured within sixty(60)days of receipt of written notice of such default,or, in the event of a default that requires � � ;r ~`'°p""f"/,!"/ao`diny" '"r-on]r|r»~the,cure if the curing pu,tv has not commenced such cure within sixty - cr 11°` nn' �r ,,irirvnrmonmp|rciop within l80 days ufrcrnip,of � written notice of default;(i|)by Lcmore for any reason or for no reason,provided Lessee delivers written notice � to termination to District prior to the Commencement Date;(iii) by Lessee if it does not obtain or maintain, � licenses,permits or other approvals necessary to the construction or operation of Lessee's Facilities;(iv)by � Lessee if Lessee iaunable to occupy orutilize the Premises due oou ruling or directive ofthe FCC orother governmental or regulatory ugcnoy,including but no/limited to,u take back of channels or change in frequencies; (")by Lessee if Lessee determines that the Premises are not appropriate for its operations for � economic,environmental ortechnological nuusonx, including without limitation, signal strength orinterference; or(vi) in any other manner permitted under this Lease,all subject however oo Lessee's obligations for surrender of the Premises pursuant mPuro�roph24. the provisions of which shall survive any such ,ccminadou. 21. . Upon expiration msooner termination o[the Term of this Lease,Lessee shall vacate the Premises and remove all persons and personal property therefrom,and shall surrender possession of the Premises to District with the | condition of the Premises uait existed at the commencement nf the Term of this Lease,subject only uarea- sonable wear and uoxr and domu-e duo to ouuxns beyond the reasonable cooun|of Lessee. Lessee hereby specifically waives any rights to,and releases District from any and all claims for,relocation benefits and/or Pu(ye7ofi2 | relocation payments to which Lessee and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et seq.,and any similar or successor statutes. Lessee shall hold District harmless from and indemnify District against any and all liability,cost,and expense suffered or incurred by District and arising in connection with any such right or claim. By signing below,Lessee specifically recognizes and accepts the terms of Paragraph 21 of this Lease. THIS IS A WAIVER OF RELOCATION BENEFITS. Dated; For Lessee by: 22. Security Deposit. Concurrently with its execution of this lease,Lessee has deposited with District an Irrevocable Letter Of Credit, Surety Bond or Other Security Deposit,acceptable to the District, in a face amount of not less than$50,000.00 to secure the faithful performance by Lessee of all the terms and conditions of this Lease including,but not limited to,the restoration of the Premises including but not limited to the Underground Vault to their original condition upon termination. a. Irrevocable Letter Of Credit. Lessee agrees that if it shall fail to pay when due any installment of rent or any other sums due under this Lease to be paid by Lessee to District,or if Lessee shall default in or breach any other terms,covenants and conditions of this Lease and District shall suffer any damages as a result of said default or breach,then in such event District may,at its option(but District shall not be required to)draw upon said Irrevocable Letter of Credit for any rent or other sum due and unpaid b Lessee to District hereunder,for any damage suffered by District as a result P Y of such default or breach to the extent of the amount of damage suffered by District,or for any reasonable attorney's fees incurred by District in connection with such default or breach. District shall be required only to notify,in writing,the issuer of said Irrevocable Letter of Credit of the default and of the amount claimed thereunder for honor of said Irrevocable Letter of Credit. Should the Irrevocable Letter of Credit be drawn upon by District as herein provided,then Lessee shall forthwith cause said Irrevocable Letter of Credit to be restored to its original amount,and Lessee's failure to do so within ten(10)days after written notice by District shall constitute a breach of this Lease. b. Surety Bond. If Lessee and District agree to use a Surety Bond to secure full and complete performance under this Lease as more particularly set forth above,such Surety Bond shall be issued by an"admitted surety insurer"as defined by California Code of Civil Procedure,Chapter 2,Bonds and Undertaking,Section 995.120(a). Surety bonds and all riders to the surety bonds shall be executed by the surety company's Attorney-In-Fact and the Attorney-In-Fact's appointment or power of attorney must accompany all copies of the bond or rider being submitted. Such Surety Bond shall be continuous in form,remain in full force and effect,and run concurrently with the Lease term and env and ill extensions thereof,or iintil cancellation or withdrawal of the surety from the pond, in th_e event of such cancellation or withdrawal,Lessee shall provide a comparable Surety Bond prior to such cancellation or withdrawal so that there is no break in the coverage provided thereby. c. Other Security Deposit. If Lessee and District agree to use a form of security other than an Irrevocable Letter of Credit or Surety Bond as set forth above,such other security shall comply with the provisions of California Code of Civil Procedure,Chapter 2,Bonds and Undertaking,Article 7, Deposit in Lieu of Bond,Section 995.710 et seq.. Should District draw upon the Other Security Deposit,Lessee shall promptly replace or restore such Other Security Deposit to the full dollar amount required hereunder. d. Return of Security Deposit. Should Lessee comply with all of the terms,covenants and conditions of this Lease and promptly pay all rental herein provided for as it falls due and all other sums payable by Lessee to District hereunder,the un-appropriated balance of Lessee's Security Deposit shall be returned to Lessee at the expiration of the Term of this Lease or upon such earlier termination as is permitted herein. Should District sell or otherwise convey its interest in the Premises during the term hereof and,if District deposits with the purchaser thereof the then un-appropriated funds deposited by Lessee as aforesaid,thereupon District shall be discharged from any further liability with respect to such deposit. Page 8 of 12 23. Waiver. The waiver by either party of a breach of any term,covenant,or condition herein contained by the other party shall not be deemed to be a waiver of such term,covenant,or condition or any subsequent breach of the same or any other term,covenant,or condition herein contained. The subsequent acceptance of rent hereunder by District shall not be deemed to be a waiver of any preceding breach by Lessee of any term,covenant or condition of this Lease,other than the failure of Lessee to p&y the particular rent so accepted. 24. Surrender of Premises. a. Upon the termination of this Lease for any reason,Lessee shall vacate the Premises,remove the personal property of Lessee and repair any damage or injury to the Premises or to any building, structure or improvement occasioned by operation or said personal property removal and restore the Premises to the same condition as when Lessee took possession. b. Lessee shall restore the Underground Vault area to its original,unexcavated condition as existing immediately prior to the Commencement Date and shall restore and revegetate the surface disturbed thereby as reasonably directed by District Representative. c. Lessee specifically waives any rights to,and releases District from,any and all claims for relocation benefits and/or relocation payments to which Lessee might otherwise be or become entitled to pursuant to California Government Code Section 7260 et seq., or any similar or successor federal or state statutes. Lessee shall hold District harmless from,and indemnify District against,any and all liabilities,costs,and expenses suffered or incurred by District in connection with any such right or claim. 25. Option to Extend Term. a. District hereby grants to Lessee an Option to extend the Term of this Lease for an additional period of five(5)years upon expiration of the initial five-year term of this Lease,and three(3) Additional Options each to extend the Term of this Lease for one additional period of five(5) years each upon expiration of the immediately preceding five(5) year period,so that the maximum Term of this Lease,including the initial five years of this Lease,shall be a total of twenty-five(25)years(collectively or individually,"Extended Option Term"). Each of such four (4) Options shall be exercised by Lessee,if at all,by Lessee's delivery of written notice of exercise of such Option to District at least ninety(90)days, but not more than two hundred- seventy(270)days,prior to expiration of the Lease Term(as extended, if at all,from time to time). Notwithstanding the foregoing, if Lessee is in material default hereunder on the date of delivery of any notice required to be given in order to exercise an Option,said notice shall be of no force or 4 fgiiit— the &)tP the—y P,, 1Prl Term referred to in anvSuch ;.' :ead d Op...................�;. ..... t:' a)n Teriii S4,u_.o_ :oC:'mGn:e cPd'h7S T.c:v a Shall expire at the end of the Term during which such notice is given. Lessee shall not be entitled to exercise any Option to extend following the first Option to extend unless each and until all of the preceding Options to extend have been properly exercised in accordance with the provisions of this Paragraph 25. In the event the Term of this Lease shall for any reason expire or terminate,all Options to extend which have not been exercised shall be deemed to terminate upon such expiration or sooner termination, and shall thereafter be of no further force or effect. After Lessee's exercise of any one or more of said Options to extend,all references in this Lease to the Term shall be considered to mean the Term as extended,and all references to expiration or termination of the Term of this Lease shall be considered to mean the expiration or termination of the Term as extended. For purposes of this Paragraph 25 a material default shall mean a default that has not been cured within the cure periods provided for in Paragraph 20,above. b. Upon exercise by Lessee of any of the four Options to extend the Lease Term for a period of five (5) years granted pursuant to Paragraph 25(a)above, the parties shall have sixty(60)days after the District receives the notice exercising said Option during which to agree upon the amount of Initial Year Rent to be payable upon the commencement of the Extended Option Term referred to Page 9 of 12 in said notice. If the parties agree upon the amount of the Initial Year Rent for the first year of said Extended Option Term,they shall immediately thereafter execute an amendment to this Lease stating the amount thereof. If the parties are unable for any reason to agree upon the amount of such Initial Year Rent within said sixty(60)day period,the Initial Year Rent shall be determined by arbitration utilizing the following procedures: (i) Lessee shall select an arbitrator and shall communicate the name of the same to the District;(ii)District shall have ten days from such notification to select an arbitrator and communicate the name of the same to the Lessee; (iii) thereafter,the two arbitrators so selected shall select a third arbitrator;(iv)the two arbitrators selected by the parties shall each propose a fair market value for the Initial Year Rent of the extended term and shall communicate such to the third arbitrator;(v) the third arbitrator shall determine the Initial Year Rent as being either a value equal to that proposed by a party or one in between the values proposed by the parties. The decision of the third arbitrator shall be binding on both parties. The costs of arbitration shall be borne equally by Lessee and District. All arbitration shall be completed prior to the expiration date of the Term hereof. Such arbitration shall be conducted in accordance with the then current Rules of the American Arbitration Association. The Initial Year Rent set for each Extended Option Term shall be increased by four percent(4%)annually for each subsequent year of such Extended Option Term and shall be payable to District pursuant to the provisions of Paragraph 5 hereof. 26. Notices. All notices,statements,demands,requests,approvals,or consents(collectively "notices")given hereunder by either party to the other shall be made in writing and shall be served personally or by first class mail,certified or return receipt requested,postage prepaid,and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022-1404 Attn: General Manager Phone:(650)691-1200 Fax: (650) 691-0485 Lessee: Nextel of California,Inc. 1255 Treat Boulevard,Suite 800 Walnut Creek,CA 94596 Attn:Property Management Phone: (925)279-2300 Fax: (925) With a copy to: Nextel Communications,Inc. 2001 Edmund Halley Drive Reston,VA 20191-3436 Second Floor,Mail Stop 2E225 Attn: Site Leasing Services,Contracts Manager or to such other address as either party may have furnished to the other as a place for the service of notice. Any notice so served by mail shall be deemed to have been delivered three(3)days after the date posted. 27. Attorneys'Fees. If any action at law or in equity shall be brought to recover any rent under this Lease,or for or on account of any breach of,or to enforce or interpret any of the provisions of this Lease,or for the recovery of the possession of the Premises,the prevailing party shall be entitled to recover from the other party reasonable attorneys'fees and costs,the amount of which shall be fixed by the court and shall be made a part of any judgment rendered. Page 10 of 12 28. Hazardous Substances. Lessee agrees that it will not use,generate, store or dispose of any Hazardous Material on, under,about or within the Property in violation of any law or regulation. As used in this Paragraph,"Hazardous Material"shall mean petroleum or any petroleum product,asbestos,any substance known by the state in which the Property is located to cause cancer and/or reproductive toxicity,and/or any substance,chemical or waste that is identified as hazardous,toxic or dangerous in any applicable federal,state or local law or regulation. This Paragraph shall survive the termination of this Agreement. 29. Warranties and Covenants of District. District warrants and covenants to Lessee that District is the owner and/or has legal right to possession of District Land and the Premises and the power and the right to enter into this Lease, and that Lessee,upon the faithful performance of the terms,conditions and obligations of Lessee contained in this Lease,shall peaceable and quietly hold and enjoy the Premises and Access Road upon the terms,covenants and conditions set forth in this Lease throughout the term of this Lease and any extensions thereof. 30. General Provisions. a. This Lease contains all of the terms,covenants,and conditions agreed to by District and Lessee, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by all of the parties to this Lease or their respective successors in interest. b. The covenants and conditions hereof,subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs,successors,executors,administrators,sublessees, and assigns of the parties. c. When the context of this Lease requires,a reference to the male gender includes the female gender,a corporation,or a partnership,and a reference in the singular include the plural. d. The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. e. This Lease shall be governed and construed in accordance with the laws of the State of California. f. Time is of the essence as to all of the provisions of this Lease as to which time of performance is a factor. g. All persons who have signed this Lease on behalf of Lessee shall be jointly and severally liable hereunder. h. If requested by Lessee,District will execute a recordable memorandum of this Lease. IN WITNESS WHEREOF,District and Lessee have executed this Agreement as of the day and year first written above. HI Page 11 of 12 DISTRICT LESSEE MIDPENINSULA REGIONAL OPEN ~ SPACE DISTRICT,a California special district Accepted for Recommendation: By: t ` Maty M. Murdoch Director Site Development Michael C. Williams Land Acquisition Manager Date: Approved as to Form: AA ww vY` Susan M.Schectman General Counsel e ded f r Approval: L.Craig Britt n General Manager Approved and Accepted: President,Board of Directors Date: Attest: Sally foldt,District.•Jerk i Page 12 of 12 e • � ''� ••fix i •, F� � r• .,, c �T�li�` "p��` w "� •'rt + 'C ' �l ♦ Xr' of Ly i P 7'Y r47 T7�" 1 "T. �aFa:�L � ra�nr ,j �1 v Yai5 "y�tir�rNYWT t>u'�L xScq.t ,� ;'1 �' P r ix> t t`•P'v .. � t' r c,.,�.v 'rS v .;.N,t 3 L �ii �4- 'ki l r a n -Y •Sia'_ "'kw��' +�'t�' ,t'�'•�._.Y rr { a e A x �.J{. ! u �t o ,r� '�t t r t Y F t {E +;` XYL lr xT T sibg �dt� ?. t �Y�a•9„I 7. y e r p F 1 ..Z' . r"r.. f � �:a3'� +• 4-!��"'Sk�vS "^�'i v .r."r'{+a.�,�,r.yL�-,�r +. 5 �51+ �ir,{c3 Sr�.•fr7.K y'?!., v,,x. ,�,,/ � � •!r r Its �7�"&���>•�� F•h7S�s�a':�r 'L�`� � }'y ��,°c,��•o-_{�x:�k�y a�Czr���'�f iF,�IJ•,'�b}�ir��a .��w�,��T�•�'�+ � �.Y"rb:+' � .u�+r��}�'' 'r�' 'kw t � r e +,�yby��,. ti`•l�+3,{ •r+l"t a...,~4� ' rs r-i�i• _ '�r+ + ]i.;'�1 .; r: s� � :V^ "1' a a'�irsSr r '}c Tor y'Y" F.... .�- r+a1'=2. �,�y Nri a •c k y+_ 1� ;n s.T ! L t, T 4 C tl'Fc •t. ,(akk w "r STR�;r'• r Kill' iY 'wF•^•'+ xk�4r 4 'a y `�7 v'�i�e}' r�i' ^f`r areYy: ,ywrvs;W�Ctyvf } Yf •rY3''.T. � C�'1 fT` n.'}t t1'•" .' �'. +r7 r4:h'"'.'+ i'iTs �_� t Z C} +a. �'nv�r^ •�f' r F r i1v n .>•f J 1 J, ,•�' } a ♦S 1 1 c5 f' OR s x rk r 4�r�w •��"�'it^,+ lr 1 "sy�' �s,�3 'pt}Y Ss.a V��\ �S+ny'�«k�''�"� x'�"+`$ '�r�g,�,�,t�-�4M1N/"t/•�o "�'(�rr,,,,�r,4 Q,(��'Fr"+ it " i.. 'a.., r�A '7 h -, iv+d i. Ikji`v'•+r �,•.. +{++ {ir"J ti v ru t+Y rt 'SiEA�YFl11s.,'C 7T• . Y-�Jk' :: _,� � �,' � �f� � r -r ; Aa � ft•a♦3' �� Me�ry: �.1•y���.fK� � �` tLU P7 'tt�*aj •�r' . r �k e°r�r� .` tl >(J i'•} 3N IM13, `'n 'y .w!' r •• i` 1;r4'•: ;� r'+e }�?+j 'd-}�, •+ -ai S'•n Tt'je`,3.,•.'' Y'� � ��i T •- � y�r a � ��o'. ���� �,�'ti i xY .;" �;., \`1 i 1 y�yS � �`i� ,�;�]fti Ii�°,� f?'f��`j�{�`�i.jrYi•-b��.Y•Y,1`$1Car'>I�.rc••'..�� t^F•�7 a v r Tcjh��Y �✓ A � w 7 �, Y;. � r •.v] � 1,(�6'v 4'' V�K..er•/{ r.t r T t� q. .sa Wes, v t 9 r �y!' C4t�{+'dN vF4.r.;'" j`�i5 ! y tT�v'•`@ r �'HI� �!..'x.`�ATJIY'rr�i�y t �j. 5 r�tl �r t• �'�.xS• M•t,�1F k R c, �uYr•a , +i ,,;.,, rIT j. Sr a•'w t �fw+}+" a. y � 7r <] z.�✓�1i'A.��w.t•a••r "�r,:r r✓, r t.,�u f f tl�r h..e0. �<'g'�.C� ry k b . 1a^ 3♦ jrib k �a ti a i? k L 1 S A' M7, e stay on trails. �yi�hK S s?r:� r��",vy��v.�,s lr u,.!a�tvl r �p�S{•,"f f- n j .,.sr� n; rC�xb'^�u��� � .�'!^ ���� i 4rx}�y Jt't•t t ^l ei.t�y l'r t�J�a� /;�l�V` -fit � �Yyy � jt ✓ •� i�tt�,�l t��..r� i 1;yr �f�,�t�,t+�.t 1r��n{tt ��k t .�,r�.��aj4}r. a%�� �� - (J`t x,v r .y t + J •i '�-"�i�3`.xr fJti�. � _ -it!� $ •!•M•r�t""�F "4 r�3 71i 5? �i t.�a f't '"t*�is.. vr� i�• ,Ny(.4{ 3�y� '1Lands yW`tt'l �fl If.i.• tiyr 4 �ST � 1 a'�'Y,J {J ♦-{i'�.,�+-s"rvn+7ltT' '1"� Y 1 �. � S _ �i RRRRRRrrf}• * Ir[ �� a '7 N �tt J--...:f�.w pCCCCp I� tr a. -�`�r+"��� 1i���. 1 iY ``rr� ""� ♦�� t �;; �!�]Y v r;f i��+'� i{i:�� r Skid♦� I �+� }� a�t�i . y h/r} +I,�`r � �r.4 - f t. •L�(.Yy ���lliyt ,y,W �;,nn .r,��,..�� �t� r v� '�S� �Cf,r v +�r..�"K1 ��r♦ � Y� YYcc •r, PK*w.rs; ��\ F.�! ! mv • �, )nyf}'�' /'� � SSA., +G Ift� ey,� va c•¢�5,�,�2 „i1,r ;��r Il.Iln 1 ]" •'4+i r k .��•,. 1 hi L r�r�'" �.y '•,try S� I� � � 5:'•{�k( 'Sr ti tc. ,� � 'M_''�1 Yl Y ,t' �0.A••r^ 1�® af. 'p7EYx'1 ��' ��Yc� .1 p • ti�Ll'{ (]��1•�! !«!!+t'•7-Tt'g,.� rS S.+,YjA - kr�, Ss 1•"Yry+`2t 4a; +1• F . / T.,/�y">,' ...,, `s} +``�+ '+WitQ"�'T�'E' f'>� ke�f. r y',�,, •,l./rih�'•ir�L w. frl` .],,,a S'� `�v ICI`ft}u. �'R �,'S �' • �5,V +¢& y ai�.�1-�'y''Pr' t'1�.'.rt"; �*+iw�S�i*>'-'t't`'"� ��,ti��/r N�•� rlS Y,r a4, tv'� r,,,�+ '.M�S flt�+y .sgtt rxtit< �r���n-\ �'�'��•v��•'11,�.,.��1L7 „kSTi p�aS���v p*�•xa' .r r dkj ^r`4itPrs'r, fN"Ay?f+ii+t�$�v� y`A�gK• 'G�^a� u". � r R5 �. �J�r'. .♦ r �,t+� L"'fi•Yr r rw q `F riiv+! �. • / i xP fr ,i a ��,1.1�•l �� o p• '• y� ��+� ays-.Y}•�f i � Nextel �7V rst .•lJ'�t w t` }�+yt 7y�6'!'r'y�rr. PIL ��ii ry'�, .aftT• v."r+ 1..e•-i s7^E 1"'f .�:�t'ti '4y1 *� S/ 5S � �"i �1.Py f'rW��• .�t„+C � -�tr,y�;;t�xf t, ¢, u �1Zs1'l�s•. � a + i ':e � r,�j� a new L��4�Yi.yr 2 .>r+3.i•a •r,(..". �r' •jCytkr . ;+��• 1 1 t • INITIALS A � N42'12'37"W 296.24' / M22057'"w 20.5T i �561 20.83' / .93' R=118.94' S� N17'21'55"E 0 L=96.23' 20.58' up��, r� C?0, 20.87' A S8^'33'13"w- ! �N73'28'42"E L=339.24' 263.19' , \ 429,98' 0=122.34'00" A.P.N. 050-4.70-070-08 Ja \�U.. rs. S86'47'30'•W-\ 7 'i S62'06'00"W—, 33.15' 'n- \♦ 312.20' a 1g90 57—0�� N`j• S27'30'00"W--,\ 330.00' o S83'oo'00"w S31'05'00"w, `s, \ 123.00' N. 139.00' O�� �S56'52'00'W s 050-470-070-07 a<�O� 238.00' s6•as'Go"w- 80.00' 7D,%, c \ � A.P.N. 050-470-070—OS S55 15 oo w 53'45'00"6V —539'13'00"W SEE —\ -55' , 428.00'\ ; 076.82' C -� �9 s?a•s3'un"w 552.40'00"w 144.59' 152.00' c �r j Not to Scale Aug 20 03 04: 10p M R 0 S D 650 691 0485 p. 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE DISTRICT LAND INITIALS i EXISTING PG&E TOWER i • ♦ ..�•' �♦ r P�vP�� N�x�L IS' f�JII�F � - �cA1> • ACCESS ROAD PARK & RIDE ' Q � • O � � r'�o {. SCALE: 1 " = 120' ENLARGED AREA NEW NEXTEL UNDERGROUND VAULT JJJ NEW NEXTEL •`�� �/ ANTENNAS ON (E) PG&E TOWER (E) OAK TREES pp-oPaSflD S �- PcwErz�T6ua " • i S (E) HILLSID 5' W(DE) VN� / (E) SPRINT do CELL—ONE METERS �b (E) GRAVEL ROAD INITIALS— — ALS 1 (E) PARK RIDE AREA � Q ; Q li (E) FREEWAY ON—RAMP s �s TN SITE PLAN NOT To GCAUF� (a , 1 ' i 1 � � PROPOSED NEXTEL ? j 11� 20' X30'LEASE AREA \� \\ PROPOSED ACCESS HATCH ABOVE GRADE (2"HIGH ABOVE GROUND) PROPOSED NEXTEL IV-7"X 21'-0"UNOERGR(XIND '/ \ i CON(PPTROLLED -CAST CENVIRONMENT VAULT /��• \"",/�� 1, `JRF PROPOSED �q/�\ \ - {LE`If,R uF � �.PROPOSED UNDERGRL'UNO COAX ROUTE \•� (E PGA TOWER (E)SPRINT h / CELL-ONE ANTENNAS '.� �X -{E) TOWER NO. 1/7 /� 320' 4 �aa tP cs // i' JEFFERSCN-SHEATHOF \�I PROPOSED COAX PROPOSED TOWER 'i" I ! UP(E)TOWER LEG EXTENSION OR NEXTEL ANTtNNAS (E)CELL-ONE EQUIPMENT # .\ki INITIALS !r •� 1 E ` - y UNDER TOWER ' C MOIPIG LEG' l j ,S w. `- .;, r`�C \�• 70' 1. (E)CONCRETE PIEF, T. X° ,`t` `i?R�S`,�r 'ice g" %/.,%• �' i l i t SPRINT tQUIF'MI"UNDER JfIWER N, i 1 PROPOSED NEXTEL w/GATE 48'PANEL ANTENNAS(12) d ANTEHNuS/SECTOR ! (VrT IIU wi o-L FII) fE UE1Att 4/AIPOWER V Yi l 7 I ! - i \• X. �• !'••.�(E)PO`ER BOX l J` FRtWU;Ep 2 ,-r' "�-(E) TELCO BOX ! ---- 4. ANTENNAS MIiUN TED /: `,\ I —GFIS PROPER T1 LINE r- "� •�. , %^ P_ TO TOWER LEGS �.•�`'� ,1i 't i _� '.�> _.�.—• t / ` °, :SEE DETAIL 3/Al (E) BAPF1E11-WIRE FENCE •/F�%r /'t �;'` f / APPP.OXIMATE L;iCATICN (E) 10'WIDE GATE •r f / /.''• / /J j 'f/ \\�_iE)''MILLSIDE f•�i SEE SITE PLAN 2/AI'� CNLARGED PLAN FOR CONTINUATION ITN II SCALE: I i d"�T'-u' a Not to Scale EXHIBIT C REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS (Adopted by Ordinance No. 93-1, July 28, 1993) INITIA LS CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of Midpeninsula Regional Open Space District Lands, and may be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of Midpeninsula Regional Open Space District, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT. DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Open Space District. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by Midpeninsula Regional Open Space Llislriu. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or"permission" means permission, granted in writing by the general manager or an authorized representative of Midpeninsula Regional Open Space District. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of Midpeninsula Regional Open Space District. Exhibit C Page 1 of 15 SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance CHAPTER H. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. I 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits therefrom, and establish a system of I fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the State of California, and all applicable county and other local ordinances. i 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and official shall abide by the laws of the State of California and all applicable county, and other local ordinances. /-Uu.4 Ati LutstricL Lessees, contractors, anu consultams snail abtae by aii piovisiotis of Lilis Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. Exhibit C Page 2 of 15 CHAPTER 111. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. SECTION 301. VIOLATIONS OF ORDINANCE A MISDEMEANOR OR INFRACTION. Any violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources Code, Section 5560.) SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: Exhibit C Page 3 of 15 I, (1) accompanied by a parent or guardian; (2) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; (3) the juvenile is an emancipated minor 400.3 Definition. A juvenile is defined as any person under the age of 18 years. SECTION 401. SWIMMING. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any water areas of the District except in designated areas. 401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS TRAPS WEAPONS AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exceptions. This section shall not apply to: Exhibit C Page 4 of 15 (1) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; (2) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; (3) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be limited to any campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. Exhibit C Page 5 of 15 SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or-through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or event on D1StnCt Lands without written permission wnen tr►e activity ut every . (4) is advertised or noticed in any publication, poster, or flyer; or (5) requests or requires a fee be paid for participation; or (6) may be attended by twenty (20) or more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. Exhibit C Page 6 of 15 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall roller skate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410 ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area GiaL lias peer, Lieciareu ov me genera! inanagei or an aLanotizeu tepfestiaaL,VC LU '0C a prohibited area. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. Exhibit C Page 7 of 15 CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. RIDINGMIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack animal to stand unatteiwea or insecurely Lieu. 501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. SECTION 502. BICYCLES. Exhibit C Page 8 of 15 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on designated trails and roadways. 502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing an A.N.S.I. or Snell-approved helmet for head protection, with the exception of the trails open to bicycles east of Deer Hollow Farm at Rancho San Antonio Open Space Preserve. 502.4 Walk-Onlyy. Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a through bicycle h a y CD walk-only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, without the written permission of the owner of such land, his or her agent, or of the person in lawful possession, and no person shall: (7) refuse or fail to leave land, real property, or structures belonging to or lawfully belonging� occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof; Exhibit C Page 9 of 15 (8) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or hunting on such lands; or (9) remove, injure, unlock, or tamper with any lock or any gate on or leading into such lands; or (10)discharge any firearm. CHAPTER VI. PRESERVE USES - COMMERCIAL/REVENUE SECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk„ or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. CHAPTER VII. PRESERVE FEATURES - PROTECTION Exhibit C Page 10 of 15 SECTION 700. HUNTING AND FISHING. 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. - 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: 1) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; 2) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet. 701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. Exhibit C Page 11 of 15 i 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations. 701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. SECTION 702. NATURAL AND CULTURAL RESOURCES. 702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant, tree, or portion thereof, whether living or dead, including, but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. /UL. 7 opecial rCTilussio 1. Jpeciai permission k3CL;U011 W-i) 1114y U, gi lilit;u LV LC IIUVi., ii�ill, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands, 703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or Exhibit C Page 12 of 15 for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. CHAPTER VHI. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands, It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definition. Litterina is defined as the willful or negligent throwing, dropping, placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: 1) In areas where prohibited by ANO PARKING@ signs; 2) On any fire trail; Exhibit C Page 13 of 15 3) On any equestrian or hiking trail 4) In such a place or manner as would block or obstruct any gate, entrance, or exit; 5) In such a place or manner as to take up more than one marked parking space in any authorized parking area; 6) In such a place or manner as to block or obstruct the free flow of traffic; 7) Within 15 feet of a fire hydrant; 8) Adjacent to any curb painted red; - 9) On any district Lands after sundown except pursuant to a written permit; 10) In areas signed for permit parking on District Lands without a written permit; 11) In any other place on District Lands not designated by the District as an authorized areas. SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt-bikes," and similar vehicles. 802.2 Exceptions. This section shall not apply to: 1) emergency vehicles operated within the scope of official use; 2) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; 3) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater man me posieu specu timit of awa lb lCiAbOINAUIL, 01 P1 LLLLUil�q ilc V liI6 UUC i%1&ULLi fUi Ll"i'11%, and road conditions. In no event shall a vehicle be driven at a speed, which endangers the safety of persons, property or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. Exhibit C Page 14 of 15 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. PROHIBITED SECTION 805 AREAS. To insure the safetyand health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes f persons w s ss o sons who may enter, in Y ,Y P Y the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent. 805.2 After Hours Use. No person shall enter or remain on District Land "after hours" without a written permit issued by the District. The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. Exhibit C Page 15 of 15 Regional Open �_ ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-86 Meeting 03-21 September 24, 2003 AGENDA ITEM 3 AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for Pulgas Ridge Open Space Preserve GENERAL MANAGER'S RECO TION 1. Adopt the Amendment to the Use and Management Plan for Pulgas Ridge Open Space Preserve as tentatively adopted on August 13, 2003. 2. Adopt the Amendment to the Use and Management Plan for Pulgas Ridge Open Space Preserve to expand the off-leash dog access area as tentatively adopted on August 13, 2003. DISCUSSION At your August 13, 2003 meeting, you tentatively adopted the Amendment to the Use and Management Plan for Pulgas Ridge Open Space Preserve for demolition of the former Hassler Health Home waste treatment facility, development of a parking and staging area, and construction of three new trails totaling approximately 3.3 miles (see Report R-03-74). You also tentatively adopted the Amendment to the Use and Management Plan for Pulgas Ridge Open Space Preserve to expand the existing off-leash dog access area to include an additional 1.5 acres. Staff received only one comment letter on this project written by the State of California Department of Transportation on August 26, 2003(see attached letter). In the letter, the Department of Transportation merely stated that they had reviewed the Mitigated Negative Declaration and were satisfied that the project will not have a significant impact on state transportation facilities. CEOA COMPLIANCE At your August 13, 2003 meeting, you approved the Mitigated Negative Declaration and Mitigation Monitoring Program for the Pulgas Ridge Trail Construction Project. Prepared by: Ruthie Harari-Kremer, Planning Technician Contact Person: Douglas Vu, ASLA, Open Space Planner I 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • web site:www.openspace.org Board of Directors: Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • Genera!Manager:L.Craig Britton STATE OF CALIFORNLA—BUSINESS TRANSPORTATION AND HQUSING AGENCY GRAY DAVIS Governo DEPARTMENT OF TRANSPORTATION P. 0. BOX 23660 OAKLAND, CA 94623-0660 (510) 286-4444 0 (510)286-4454 TDD Flex your power./ Be energy efficient! August 26, 2003 o ecarLR� ll SM280-R007.06 M 80125 y j SCH 2O03072051 Mr. Doug Vu � R{NG OUST Midpeninsula Regional Open Space Distri330 Distel Circle Los Altos, CA 94022 Dear Mr. Vu: Pulgas Ridge Trail Construction Project - Initial Study/ Mitigated Negative Declaration (MND) Thank you for including the California Department of Transportation in the environmental review process for the proposed project. We have reviewed the MND and are satisfied that the project will not have a significant impact to State transportation facilities. Should you require further information or have any questions regarding this letter, please call Jose L. Olveda of my staff at (510) 286-5535. Sincerely, TIMOTHY C. SABLE District Branch Chief IGR/CEQA c: Philip Crimmins (State Clearinghouse) "Caltrans improves mobility across California" Regional Open -C. ice R-03-94 Meeting 03-21 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 24, 2003 AGENDA ITEM 4 AGENDA ITEM Approve Resolution Increasing the General Manager's Credi�Card Lij��m-, to $112,000 GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the attached Resolution increasing the General Manager's credit card limit to $12,000 to allow for payment of county permits for capital improvement projects which cost in excess of the current $2,000 credit card limit. 2. Repeal Resolution No. 03-05 in its entirety. BACKGROUND The District's Board has passed resolutions that allow for a total credit card limit of$22,000 which gives each Department Manager a $2,000 credit limit. In February 2003, the Board approved Resolution No. 03- 05 adding the Real Property Representative (now the Real Property Manager) to the list of approved staff holding a District credit card (see Report R-03-21). DISCUSSION With the increase in capital projects coming to fruition, the need for payment of building permits has increased. The building permit process is such that the initial payment for a building permit can only be determined when the District employee goes to the county building department and presents the plans for a proposed improvement. Permit fees cannot be determined prior to staff presenting the plans; therefore, a check cannot be sent with the staff member to the county. Not being able to pay for a permit at the time of submittal makes this process cumbersome and inefficient. The use of a District credit card for payment of building permits is appropriate. However, the current limit of$2,000 per department is insufficient to cover many building permit deposits. Most recently, a staff member was forced to write a personal check for $7,000 to cover the permit fees for the Virginia Mill and Grabtown Gulch trail bridges. The Planning Manager has assessed the estimated costs of future permits and determined that a$10,000 credit limit for capital project permits would meet the District's need. Staff has been informed by its bank that it will not issue two credit cards to the same person. Therefore, staff is recommending the issuance of a credit card in the amount of$12,000 to the General Manager, which would include $2,000 for typical expenditure needs and $10,000 for capital improvement projects. Prepared by: Sally Thielfoldt, Administration and Human Resources Manager Cathy Woodbury, Planning Manager Contact person: L. Craig Britton, General Manager 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org Azm� =EE Board of Directors: Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE ISSUANCE OF DISTRICT CREDIT CARDS AND RELATED BORROWING OF FUNDS FROM FIRST NATIONAL BANK OF OMAHA WHEREAS,the Midpeninsula Regional Open Space District is organized and existing under and by virtue of the laws of the State of California,with its principal office at 330 Distel Circle, Los Altos, Ca 94022-1404, and is duly authorized to transact business in the State of California; and WHEREAS,the District currently holds several accounts and maintains in good standing a business relationship with the Mid-Peninsula Bank,whose affiliate is First National Bank of Omaha("Lender"); and WHEREAS,the Lender has agreed to issue the District credit cards for use by authorized managers or supervisors in the employment of the District, at no cost; and WHEREAS,the District has authorized the General Manager, Assistant General Manager, Operations Manager,Planning Manager, Public Affairs Manager, Administration and Human Resources Supervisor, Skyline Area Superintendent, Foothills Area Superintendent, Real Property Manager, Support Services Supervisor, and General Counsel to be issued District credit cards; and WHEREAS, the issuance of these credit cards will enable the District to borrow from time to time from the Lender on such terms as may be agreed upon between the District and the Lender, such sum or sums of money as in their judgment should be borrowed; however, not exceeding at any one time the principal amount of thirty-two thousand and 00/100 dollars($32,000.00), which represents two thousand and 00/100 ($2,000.00)per authorized position other than the General Manager, and twelve thousand and 00/100 dollars ($12,000.00)for the General Manager, in addition to such sum or sums of money as may be currently borrowed by the District from the Lender on terms where funds are borrowed without use of credit cards. NOW, THEREFORE, BE IT RESOLVED,that the Board of Directors of the Midpeninsula Regional Open Space District authorizes and agrees to the terms of the issuance by the Lender of credit cards to specified District employees, and hereby rescinds Resolution No.03-05. Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-96 Meeting 03-21 September 24, 2003 AGENDA ITEM 5 AGENDA ITEM Call Special Board of Director's Meeting PRESIDENT'S RECOMMENDATION Call a Special Meeting of the Board of Directors for October 21, 2003 at 7:30 p.m. DISCUSSION A Special Meeting of the Board of Directors needs to be called for 7:30 p.m. on Tuesday, October 21, 2003. The purpose of this meeting is to discuss the refinancing of certain current District bond issues. This meeting will take place in the council chambers at Portola Valley, California. Prepared by: Lisa Zadek, Assistant District Clerk Contact person: Nonette Hanko,President 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • web site: www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, NonetteHanko,Larry Hassett, KennethC. Nitz • General Manager: L.Craig Britton Claims No. 03-16 Meeting 03-21 � Oaba 00/24/03 Revised � Midpeninsula Regional Open Space District � # Amount Name Description 0371 $0.749.70 2M Associates Coastal Annexation Consultant Study 6372 $1.300.00 Aaron's Septic Tank Service Sanitation Services 6373 *804.09 Acme&Sons Sanitation Sanitation Services 0374 $071.13 AOT Security Services Burglar Alarm Service 6375 $2.557.08 Albion Environmental,Inc. Biological Services'Old Page Mill Trail Repair 6370 $80.55 All Laser Service Toner Cartridges 5377 $424.02 All Premium Promotional Products Volunteer Supplies 0378 $1.252.47 Allied Auto Works Vehicle Service and Repairs 6378 $487.96 AmohGuo Propane 6380 $126J2 ANGNowmpopnm Publishing u[CmmoinsOrdinance 6381 $18416 Anthony J.Ang|imCo. u.S.Flag&CA Flag-Foothills Office 0382 $58323 Artmcapao'Young Framing Photo Framing'Employee Recognition Event 6383 $500.00 8anaoi.Chdo Tuition Reimbursement'EMT|Course 0384 $232.79 Barron Park Supply Co..Inc. Plumbing Supplies 0385 $595.00 `1 Bay Area Open Space Council Conference Registration Fee'17Attendees 6380 $120.00 Bi||'o Towing&Recovery Tow Truck Fees 6387 $5.644.50 emv Western Trust Company Note Paying Agent Fmeo-1999&1983wmuw 0388 $19425 California Water Service Company Water Service 6389 $1.012.00 Camino Medical Group Medical Services 6390 $140.00 CARPO8A Registration'8.Boi|no&M.No*Uum � 6381 $429.87 Cascade Fire Equipment Company Field Supplies 0382 $123.052A7 Casey Construction Old Page Mill Trail Repair Project 6393 $33.00 Coastal Conservancy Subscription Renewal 6384 $401.44 ^2 Cnotco Supplies 6395 $15155 Comem|.S000 Reimbusament-UnihznnExpenso 0396 %00.00 Cougar Couriers Document Courier Service 6387 $3.217.50 Coha|eDeUavorsonHirschfeld Legal Services � � 6398 $40.00 ~3 Department of Pesticide Regulation Pesticide Application Fee 6398 $500.00 Diane L Renshaw Consulting Ecologist Consulting Services-Pu|gas Ridge Trails � 6400 $81.84 Ed Jones Co..Inc. Uniforms � 6401 $2.114.22 Emergency Vehicle Systems Emergency Equipment&Equipment Repairs � 6402 $1.171�VO Emp|nymontDevelopment Dnc*� Unemployment Insurance� m � 6403 $875.00 Fenton Communications Communications&Public Affair Services-San Mateo � � County Coastal Annexation 0404 $486.81 Forestry Supplies,Inc. Field Supplies 6405 $139.22 Foster Brothers Keys,Locks&Rings 0406 $*1.41 G&KService Shop Towel Service 0407 $1'313.17 8onden|und Power Equipment Field Supplies&Equipment 6408 $5.730.00 Gary|Vand&Associates,Inc. Surveyor Services'Sierra/zv| 6409 $709.36 8modco Press,Inc. Printing Services-Time Cards&Event Invitations 8410 $253.42 Great! Printing Services-Volunteer Newsletter 6411 $306.88 Green Waste Recovery,Inc. Garbage Services 6412 $811.35 Greening Associates Consulting Services-Bear Creek Redwoods 6413 $32821 ~4 Home Depot,Inc. Field Supplies&Equipment 6414 $2.250.00 |EnA.|no. Conou|UngGomioou-LaUorRe|edons 6415 $335.79 John Shelton,Inc. Field Supplies 6416 $137.90 Kinkn'u PhntingS*minoo-Mapn 6417 $57.00 N*ik Key Lock&Safe Co.Inc. Lock&Key Services Page`m4 Claims No. 03-16 Meeting 03-21 Date 09/24/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6418 $354.95 Langley Hill Quarry Trail Restoration Material 6419 $600.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 6420 $215.04 LFR Levine Fricke Demolition-Sewage Lift Station-Pulgas 6421 $414.00 Liebert Cassidy Whitmore Legal Services 6422 $826.28 Los Altos Garbage Co. Refuse Services 6423 $18.75 Madco Welding Supplies 6424 $35.92 *5 MCI Long Distance Telephone Service 6425 $428.67 MetroMobile Communications Radio Repairs&Maintenance 6426 $19.32 Minton's Lumber&Supply Field Supply 6427 $9.81 Mission Valley Ford Vehicle Supply 6428 $332.73 Moffett Supply Company Sanitation Services 6429 $149,000.00 ## North American Title Company Boehm Land Acquisition 6430 $1,000.00 *6 North American Title Company Boehm Property Acquisition Deposit 6431 $78.80 *7 Northern Energy,Inc. Propane Service 6432 $2,210.00 NRPA Pacific Service Center Conference Reg.-M.Jurich&C.Beckman 6433 $704.09 *8 Office Depot Office Supplies 6434 $3,700.00 Office Team Office Temporary Help-Human Resources Analyst 6435 $151.14 *9 Orchard Supply Hardware Field Equipment&Supplies 6436 $290.36 Panko Architects Architectural Service-FRO Shop Facility 6437 $92.10 Peninsula Digital Imaging Printing-Jacques Ridge Staging Area 6438 $500.00 *10 Petty Cash Staff Appreciation Event Raffle Gifts 6439 $28.36 Pringle Tractor Co. Tractor Supplies 6440 $249.00 Protection One Monitoring&Log of Alarm System-Admin.Office 6441 $18.00 Rancho Cobbler&Cleaners Uniform Patch Application 6442 $130.83 Rancho Hardware&Garden Shop Field Supply 6443 $36.13 Rayne Water Conditioning Water Conditioner Service 6444 $300.00 *11 Recreational Equipment,Inc. Staff Event Anniversary Gift Certificates 6445 .$2,851.74 Reed&Graham,Inc. Rice Straw Bales for Trail Restoration-Virginia Mill& Skyline Ridge 6446 $500.36 Regal Dodge Truck Supply&Repair 6447 $35.00 Rene Hardoy Repair-Sprinkler System 6448 $3,000.00 Reserve Account Postage-Postage Meter 6449 $6.03 Robert's Hardware Field Supplies 6450 $171.18 Roberts&Brune Co. Field Supplies 6451 $2,365.74 Roy's Repair Service Vehicle Repairs&Service 6452 $24.55 RV Cloud Plumbing Supplies 6453 $156.37 Safety Kleen Oil Recycling&Solvent Tank Service 6454 $1,128.92 San Jose Mercury News Legal Display Ad. 6455 $460.07 San Jose Water Company Water Service 6456 $1,301.00 *12 San Mateo Co.Planning&Building Div. Coastal Development Permit Fee 6457 $3,520.00 *13 Santa Clara County Building Dept. FFO Shop Facility-Permit 6458 $50.00 Santa Clara County-Office of Sheriff Fingerprinting-New Recruit 6459 $825.00 Santa Rosa Junior College New Recruitment Academy Training 6460 $2,458.97 *14 Saratoga Springs Staff Recognition Event Facility Rental Fee 6461 $1,381.50 SBC Payment Center Telephone Service 6462 $57.34 *15 SBC Payment Center Telephone Service 6463 $220.36 Second Cup Cafe Local Business Meeting 6464 $593.54 Shell Credit Card Center Fuel Page 2 of 4 Claims No. 03-16 Meeting 03-21 Date 09/24/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6465 $6,346.00 Shelton Roofing Co.,Inc. Enterprise Rental Roof Replacement-Alpine Road 6466 $11,123.15 Shute,Mihaly&Weinberger LLP Litigation:Half Moon Bay Coastside Foundation vs MROSD 6467 $504.00 Sideman&Bancroft LLP Legal Services 6468 $288.00 *16 Skyline County Water District Water Service 6469 $396.00 *17 Skywood Trading Post Staff Appreciation Event Lunch 6470 $142.90 Summit Uniforms Uniform Expense 6471 $684.71 Tadco Supply Janitorial Supplies 6472 $1,678.00 Terminix Pest Control 6473 $119.89 The Tufnut Works Field Supplies 6474 $926.62 Tires on the Go Tires&Tire Repairs 6475 $76.99 Tony&Albas Pizza Local Business Meeting Expense 6476 $42.17 Tooland,Inc. Field Equipment&Supplies 6477 $169.16 Turf&Industrial Equipment Co. Vehicle Supplies 6478 $45.85 United Parcel Service Parcel Shipping 6479 $569.67 United Rentals Highway Tech. Signs 6480 $4,884.04 United Rentals Northwest,Inc. Excavator Equipment Rental-SRO Tree Farm 6481 $207.00 *18 United States Postmaster Postage 6482 $51.36 Verizon Pager Service 6483 $111.96 Vu,Douglas Reimbursement-Mileage 6484 $146.13 West Group On-Line Legal Services 6485 $1,735.77 Western Press&Mail Handling/Processing-Newsletters-Fall 2003 6486 $225.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 6487 $86.42 Xpedite Fax Broadcast System Services 6488 R $1,789.43 2M Associates Coastal Annexation Consultant Study 6489 R $410.05 Arbill Glove&Safety Product Field Supplies 6490 R $138.56 California Water Service Company Water Service 6491 R $5,513.50 Cotton,Shires&Assoc.,Inc. Old Page Mill Road Trail Landslide Repair 6492 R $5,028.22 Design Concepts Scanning Photos&Slides&Revised Brochures 6493 R $286.08 Ed Jones Co.,Inc. Uniforms 6494 R $137.80 Federal Express Express Mailing 6495 R $1,746.20 First American Title Guaranty Title&Escrow for Mitchell Property 6496 R $1,783.44 First Bankcard 1114.00-Training&Conf.Exp. 79.96-Intemet Services 50.00-Field Equip.Supp.&Uniform Exp. 35.00-Office Supplies 44.97-Coastal Tour 56.56-Special Event Supplies 402.95-Ffo Shop Facility 6497 R $66.87 Fitzsimons,Renee Reimbursement-Office Supplies 6498 R $322.52 Forestry Supplies,Inc. Field Supplies 6499 R $20.00 Los Alto Town Crier Yearly Subscription 6500 R $213.04 *19 Mazeh Restaurant Local Business Meeting 6501 R $115.51 MCI Long Distance Telephone Service 6502 R $112.49 McKowan,Paul Reimbursement-Event Supplies 6503 R $1,560.00 Office Team Office Temporary Help-Human Resources Analyst 6504 R $647.42 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 6505 R $380.00 Primary Consulting Services Recruitment Services Page 3 of 4 Claims No. 03-16 Meeting 03-21 Date 09/24/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6506 R $611.61 Shoreline Printing&Graphics,Inc. Printing Services-Envelopes 6507 R $84.00 South Bay Regional Public Safety Training-T.Valterria 6508 R $6.08 United Parcel Service Parcel Shipping 6509 R $230.01 West Group On-Line Legal Services Total $405,581.23 *1 Urgent Check Issued 9/03/03 *2 Urgent Check Issued 8/26/03 *3 Urgent Check Issued 9116103 *4 Urgent Check Issued 9/10/03 *5 Urgent Check Issued 9/24/03 *6 Urgent Check Issued 8/26/03 *7 Urgent Check Issued 9/10/03 *8 Urgent Check Issued 9/10/03 *9 Urgent Check Issued 9/10/03 *10 Urgent Check Issued 9/05/03 *11 Urgent Check Issued 9/08/03 *12 Urgent Check Issued 9/02/03 *13 Urgent Check Issued 9/19/03 *14 Urgent Check Issued 9/08/03 *15 Urgent Check Issued 9/11/03 *16 Urgent Check Issued 9/09/03 *17 Urgent Check Issued 8/26/03 *18 Urgent Check Issued 9/10/03 *19 Urgent Check Issued 9/24/03 ## In the event agenda item is not approved,this claim will not be processed Page 4 of 4 P Regional Open Space g P .v.........n..........w.nJ mwwwwv "a+Rn+.�..... nwv✓.wwhJ'_ v�A�� +ir„wwy MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manag Date: September 19, 2003 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phan 650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site: www.openspace.org August 2$, 2003 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Ms. Billie C. Blanchard, CPUC c/o Aspen Environmental Group 235 Montgomery Street, Suite 935 San Francisco, CA 94104 Re: Jefferson Martin 230 kV Transmission Line Project DEIR Dear Ms. Blanchard: On behalf of the Midpeninsula Regional Open Space District(District), I would like to submit the following comments on the Draft Environmental Impact Report(DEIR) for the southern portion of the Jefferson-Martin 230 kV Transmission Line Project(Project). It is still the District's position that the No Project Alternative would be the preferred course of action for this Project. However,of the other alternatives discussed,the District believes a transmission route that is located entirely underground, and in as few areas as possible on sensitive land, would be satisfactory. Therefore, the District believes that an environmentally feasible alternative might be Route Option IB because potentially significant impacts to visual, cultural,biological,and recreational resources could be avoided. As stated in the DEIR,Route Option IB is environmentally superior because it would avoid conflicts with San Mateo County's ordinances and policies for visual quality, tree protection, and biological resources. It would also avoid conflict with SFPUC maintenance activities because it would be located entirely within paved roadways. In addition, no transition station would be required because the route would be located underground. Most importantly,Route Option 1B would avoid impacts to Edgewood County Park and Pulgas Ridge Open Space Preserve which were purchased with Land and Water Conservation Fund money. Due to this, a proposed replacement or expansion of any existing easement over these lands must be replaced with land rights equal or better in every respect in terms of visual, cultural,biological, and recreational resources. As a public agency, the District has acquired over 48,000 acres of land in the foothills,hillsides, and ridgetops of the Santa Cruz Mountains over the past thirty-one years. Together with other agencies,the District works to preserve an open space greenbelt to help protect the Bay Area's scenic and wildland backdrops for its visual beauty,historic landscapes, for the protection of natural resources and sensitive habitats, and for public enjoyment and low-intensity recreation. Thank you for the opportunity to review the DEIR and your consideration of our comments. Sincerely, L. Craig Britton General Manager LCB:mdv cc: MROSD Board of Directors 330 Distel Circle Los Altos, CA 94022-1404 Phone: 650-691-1200 Fax: 650-691-0485 E-mail: mrosd@openspace.org Web site: www.openspace.org [fig, BF-AHE Board of Directors: Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C. Nitz General Manager: L.Craig Britton Regional Open Space MIDPEN/NSU"REGtC?N.V DPEl1ESPACE:DISMCT.-- WfER40FFKE ME1VI(RANDUM To: C. Britton, General Manager From: T. Fischer, Land Protection Specialist Date: September 4, 2003 Subject: Resolution of Debris Slide Encroachment, Rancho San Antonio Open Space Preserve The District is in receipt of payment in the amount of$2,951.92 on behalf of a neighbor on Ravensbury Avenue, Los Altos Hills. On February 19, 2003, District staff became aware of landslide damage on Rancho San Antonio Open Space Preserve near the neighbor's property on Ravensbury Avenue, Los Altos Hills. The damage was due to water flow coming from a water pipe on the private property. The water flow resulted in the slide of dirt and vegetation onto a District road. The material was cleaned up by District staff and moved to temporary storage at an equipment yard at the Preserve field office. The District placed a claim to the property owner for reimbursement of costs to clean up the material that had slid onto the road, and removal of the debris temporarily stored at the Foothills Field Office. Field Staff, especially Susannah Anderson Minshall, provided a complete and thorough report that was instrumental in obtaining cooperation from the property owner. The District has received in full for cost reimbursement and removal of the debris. payment CC: Board of Directors Operations f 3 It MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 17, 2003 Honorable Liz Kniss Member, Santa Clara County Board of Supervisors 70 West Hedding Street, I Oth Floor San Jose, CA 95111 Dear Supervisor Kniss: In May 1996, a Joint Powers Agreement was executed by and between the Midpeninsula Regional Open Space District and the County of Santa Clara, for the purpose of forming the Midpeninsula Regional Open Space District Financing Authority. This Authority provides enhanced opportunities for long-term financing of District land acquisitions, and was created with the full cooperation and endorsement of the County. The Authority Board is comprised of four members of the District's Board of Directors, and the member of the Santa Clara County Board of Supervisors whose district encompasses the greatest territory of the Open Space District. That is currently district number five, making you the designated representative on the Authority Board. The Authority is required to hold a minimum of one meeting per calendar year. We have scheduled that meeting for Wednesday, October 22, 2003, at 7:15 p.m. here at the District office in Los Altos. It is expected to be a very short meeting, consisting of action to approve the annual financial report and a refinancing of several prior bond issues. An agenda will be sent to you prior to the meeting itself. While we expect the Authority to have a quorum from members of the District Board of Directors; however, you are of course invited and encouraged to attend. Please feel free to contact me if I can answer any questions or provide further information. Sincerely, L. Craig Britton General Manager LCB:lz cc: Donald Gage, Chairperson, Board of Supervisors MROSD Board of Directors 330 Distel Circle , Los Altos, CA 9402 2-1 404 Phone: 650-691-1200 Fax: 650-691-0485 - E-mail: mrosd@openspace.org web site: www.openspace.org BOdrd of Directors: Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nitz Genera!Manager: L.Craig Britton 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 18, 2003 Mr. Tony Kramer 372 Ferne Ave, Palo Alto, CA 94306-4605 Dear Mr. Kramer, Thank you for your memorandum of September 5, 2003 regarding District Ordinance 408.1, which requires that a permit be obtained for any activity which may be attended by 20 or more people. I appreciate your support in promoting access to District lands for hikers and those who enjoy low intensity recreational activities. The Board of Directors has by ordinance instructed staff to implement a permit system to prevent over crowding of preserves, to assist in the protection of the natural resources, and to provide for visitor safety. The permit system also assists District field staff in locating groups in the event of an emergency. The permit system, and other District procedures, are consistent with the District's Basic Policy, which specifies that the ultimate mission of the District is the preservation of natural lands, and that recreation and educational uses will be allowed to the extent that they are ecologically sensitive. There is no charge for obtaining a permit, and I would ask you to assist us in providing responsible stewardship of District lands by contacting Ms. Kathleen Hart at (650) 691-1200 to obtain a permit for any future group hikes, where 20 or more people are expected to attend. Thank you again for your interest in visiting District lands, and I hope you will continue to enjoy the use of the preserves, while helping us to protect the land and enhance the experience of others who wish to enjoy the serenity of the open space preserves. Sincerely, .� L. Craig Br ton, General Manager LCB/gb C.C.: MROSD Board of Directors J. Maciel D. Sanguinetti 330 Distel Circle > Los Altos, CA 4t4022-1404 Phone: 650-691-1200 Fax:650-691-04&5 E-mail: mrosd@openspace.org Web site:www.openspace.org �t r>rr€° c"] Pets _3�<<<nen,,Mary C. Davey,Jed Cyr, Deane Little, Nonette Han.:o, Larry Hassett,Kenneth C. Nitz Cenorat,Afanager:L.Craig Britton Q21L September 5, 20C3 To: L. Craig Britton, General Manager MROSD Cc- John Maciel, Operations Manager MROSD Kathleen Hart From: Tony Kramer The topic of this letter is your current requirement that a group of casual hikers consisting of 20 or more people requires a use permit for access to MROSD lands. By way of background, I was at Monte Bello Preserve on Wednesday, August 27, with a number of my friends with the purpose of hiking on the Canyon Trail and was told by a MROSD ranger in the parking lot that we were a group and required a use permit. He also said that while he was not planning on doing it that day, he could in the future give us a citation and/or tell us to leave the preserve. Obviously, I do not want this to happen since my goal is to enjoy nature and make use of the hiking trails that we are so fortunate to have provided to us, the public, by MROSD. Therefore, I felt it was incumbent upon me to find out more about the permit process and why a permit was required for an informal hiking group. Since that day, I have had several phone conversations with John Maciel and Kathleen Hart regarding how the use permit requirement applies to my hiking friends and me. I have obtained and read copies of the Basic Policy of the MROSD, MROSD regulations, and the use permit instructions. As best as I can tell from my conversations with John Maciel and Kathleen Hart, any group or aggregation of 20 or more people-no matter what their purpose or state of organization-requires a use permit. This does not agree with my interpretation of the MROSD regulations and policy. The reasons for my interpretation are as follows. To quote from the Basic Policy of the MROSD, "Access for hiking is typically unrestricted on District trails and lands." Also, "Safe and enjoyable access for hiking and for persons with disabilities may be given priority over other types of uses where significant conflicts are evident". My interpretation of the above statements is that hiking has a high priority on district lands and presumably has precedence over other activities. Hence, it may be necessary to restrict some of these other non-hiking activities through some mechanism such as a use permit. Under section 408 of the Regulations for MROSD it says "No person or group shall conduct a meeting, rally, or similar event on District Lands without first obtaining a permit for the use of the specific areas or facilities involved." In the preceding statement no mention is made of hiking as an activity requiring a permit, and I do not consider hiking as similar to a meeting or a rally. Under section 408.1 of the Regulations for MROSD, it says the following. "No person shall hold, conduct, organize, or take part in any group activity or event on District Lands without written permission when the activity or event: 4,1 is advertised or noticed in any publication, poster, or flyer, or 5) requests or requires a fee be paid for participation; or 6) may be attended by twenty (20) or more people." The numbering for this section is somewhat confusing since the specific description of the permit requiring events starts with the line number 4. Ignoring for now the line numbering discrepancy I believe that section 408.1 is an elaboration of section 408 giving specific conditions for which a meeting, rally, or similar event requires a use permit. Since I do not believe hiking is included in section 408 it follows that hiking is not included in section 408.1 Unfortunately, district staff have taken the first sentence of section 408.1, combined with line 6, as their sole guidance for their requirement of a use permit for an informal gathering of 20 or more friends that would like to hike on one of the district's preserves. I do not believe this was the intention of the MROSD board of directors when the regulations were approved. As I indicated earlier in this memo, the Basic Policy brochure states, "Access for hiking is typically unrestricted on District tails and lands." A group of 20 hikers spread out on the trail with various hikers going different distances at different paces because of varying abilities or interests is no different in its effect on the district lands than a random group of 20 hikers who happen to be on the trail at the same time. Just because most of these people happen to know each other should not result in the requirement of a use permit. In my years of hiking in the Bay Area in state and county parks, I have never come across such a regulation applied to a group of casual hikers. It seems strange to me that it would be the intention of the MROSD Board of Directors to apply such an unusual regulation to district lands. I would be glad to discuss this issue further with MROSD staff. If, after discussion, we cannot agree that a group of casual hikers (even if the number is 20 or more) does not require a use permit, I will pursue my interpretation of district regulations further. I will use as guidance the statement provided at the end of the Basic Policy of MROSD brochure, namely, "The Board shall be the final arbiter as to any question of interpretation of these policies." I will be out of town from Sept. 9 to 13 but am available prior to that time or the following week for further discussions with the MROSD staff on this issue. If I do not hear from the staff by Sept. 16, 1 will assume the staff is satisfied with its interpretation of how use permits apply to casual hiking groups and I will proceed to contact members of the district Board, asking for their guidance on this issue. Yours truly, Tony Kramer 372 Ferne Ave Palo Alto, Ca 94306 Ph. 650-494-3222 R'i F September 18, 2003 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mr. Karl H. Sprick 19010 Withey Road Monte Sereno, CA 95030 Dear Mr. Sprick: I have received the copy of your letter to Craig Beckman regarding concerns about placement of the trail under construction at Long Ridge Open Space Preserve. We appreciate your thoughtful comments and concerns. This alignment was chosen to attempt to satisfy many conditions the District seeks to accomplish with any new trail construction. These conditions *include the scenic opportunities and visitor experience provided by the trail, and technical concerns regarding proper drainage, erosion control, and ease of long-term maintenance. After carefully investigating our options for the section of trail through the area just leaving from the Hickory Oaks trailhead,the District chose to abandon the existing roadcut and create a new alignment for several reasons: • This was an existing roadcut when the District acquired the land,but it does not meet the standards for trails;therefore, opening the existing dead-end road will result in rutting and degradation. • The existing road is steeper and wider than we would choose to build, two factors that lead to higher rates of erosion and increased maintenance costs. • Creating proper drainage on this section of trail will require installing waterbars and rolling dips, which will cause even steeper slopes for short sections. • Switchbacks are not a feasible long-term solution in this case, due to the fact that users tend to shortcut switchbacks, especially in easy terrain. • The new alliziurient follows the contour of the land and is designed with drainage features that will reduce erosion and require less maintenance in the future. For these reasons we feel the trail is well aligned, which was supported by the District's Use and Management Committee at a field workshop, and approved by the full Board of Directors. We hope that you will still be able to enjoy these special places in Long Ridge with the trail in place. The trail will be open to hikers and equestrians only, and on weekdays will most likely remain the tranquil and relatively empty spot you currently enjoy. I hope that the new trail will lead you to new areas that have been previously inaccessible and perhaps you will find new places to treasure as well. Sincerely, L. Craig Britton, General Manager LCB:sw:lz cc: MROSD Board of Directors Craig Beckman 330 Distel Circle Los Altos, CA 94022-1404 w Phone: 650-691-1200 Fax: 650-691-0485 , E-mail: mrosd@openspace.org Web site: vv\vvv.openspace.or,, FACE Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, I arry Hassett, Kenneth(-, N'itz Gk,ner,il Maoager: L.Craig Bi itton Sprivk 19010 ithey Road Monte Serena, CA 93030 17el/FAX (408 ) 354-3898 September 14, 2001 Mr. Craig Beckman Midpeninsula Regional Open Space District 330 DiStel Circle Los Altos, California 94022-1404 Dear Mr. Beckman, My wife and I have for years enjoyed hiking and picnicking in the Long Ridge preserve. Last Friday, September 12, we entered at the gate about a mile north-west of the fire station and found a crew working on an extension of the Hickory Oaks Trail going toward Highway 9. While we have no reason to fault the idea of such a trail extension, we were _must distressed to see the route this trail is taking in the area where it diverges from, thl? existing trail (which is to be closed) . 1. This new route almost immediately cuts right, through the middle of what is probably the moat bea,--itiful grove of' ancient oaks to be found in the area, This grove is on a gently sloping ridge and is easily accessible from the existing trail and is used by many for picnics, quiet and solitude. Now its integrity has been destroyed with what will be a busy trail through its middle. 2. The new route continues in the open meadow below the memorial bench and now passes a mere 15 to 20 feet downhill from a lovely old pine with rock outcroppings -- a particularly beautiful and quiet spot, where we have often observed people sitting and enjoying the tranquility. Activity on the existing trail above does not disturb. Now it will face constant disturbance from below, Please don 't think that I am trying to avoid sharing a couple of exclusive spots with others. On the contrary, I am hoping to preserve them for all, without disadvantaging users of the new trail. 17ROM Panasonic FAX SYSTeM PHONE NO, ' 4003543899 Sep. 15 2003 01:14AM P2 My point is that in this area a different route should have been chosen, as f011OwS: Continue to use the existing trail, which is scenically superior to the new at this point, a couple of hundred yards farther. There it comes very close to the new trail in two places, one of them near the existing trail's dead end. it seems to me that the two trails could be connected at one of these points. Your lead technician, Stan Hooper, very patiently explained to us the trail slope and drainage problems in the open meadow area, (not as critical in the wooded areas) - Nevertheless, I feel that the old trail could have been joined to the new, even if a switch-back had to be used to maintain your minimum slope. You may ask, why raise this issue now' it's a done deal. Well, as far as the oak grove is concerned, the new trail can be raked over and will undoubtedly heal itself. I must admit I don't know how one would best restore the hill in the meadow area. But I am hoping it can be done. Perhaps, while this is being considered, the crew could be working on other portions of the trail. I would very much appreciate your calling or faxing me so we can discuss it. Sincerely, Karl H. cc: Pete Siemens, Ward I cc: L. Craig Britton Regional Open Space w.....»..,.,....................«.. .,...n..�«...,n„uw....:aK.rr^"wwww •,,,,��<t.•..«,-wr.•�,«w...+«..<t�"^+wv-»^.s..f'" '�`1w"".4�ca..,ta<. �``'^»^...w MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager A., Date: September 24, 2003 Re: FYI'e. 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.opers:pace.org Regional Open Sv:ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 26, 2003 Carrie M. Austin, P.E. Project Manager, GRW Hg TMDL California Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Suite 1400 Oakland, California 94612 Dear Ms. Austin: Thank you for your letter of April 24, 2003 inviting the District to participate in the Guadalupe River Watershed Mercury Total Maximum Daily Load Project (GRW Hg TMDL). As you know, we have been regularly attending meetings of the Work Group and have recently coordinated access to District lands for TetraTech, consultants to the Project, for the Synoptic Survey phase. As one of the largest landowners in the Guadalupe watershed, and as a public agency committed to the restoration and enhancement of open space habitat, we take special interest in the GRW Hg TMDL. The removal or isolation of mercury toxins is of great importance to the District and we intend to take every measure necessary to protect the health of our constituents, including fish, birds and other natural communities. You have requested that we be active participants in the GRW Hg TMDL by providing staff and monetary commitments. As a public agency, we are unable to shoulder a financial burden greatly disproportionate to the scope of mining activities which may have occurred on or near our property. As I outlined to you, our research indicates that the vast majority of District holdings within the Guadalupe watershed were used as "wood lots" (a source of timber for mine shaft support and fire wood for the kilns) and for water to supply the mining operations. However, we are willing to commit a staff person, or a District consultant, to the process of reviewing and commenting on technical matters. As a significant"stakeholder"by virtue of our large land holdings in the watershed, we plan on active involvement in that forum as well. As we discussed on the telephone this last August 19`h, the District is aware of certain areas in the District's Rancho de Guadalupe portion of the Sierra Azul Open Space Preserve which will require further characterization and delineation before it is clear whether they present a Hg TMDL related issue. You confirmed that any applicable remediation done by the District would be credited toward any obligations that we may have under the GRW Hg TMDL. We propose to immediately begin the process of selecting a consultant for the initial step of characterization and delineation. This would include close coordination with the Work Group, TetraTech and your office. Once these determinations have been made, the District would 330 Distel Circle a Los Altos,CA 94022-1404 a Phone:650-691-1200 Fax: 650-691-0485 A E-mail:mrosd®openspace.org a Web site:www.openspace.org O E T Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton I Carrie M.Austin 8/26/03 propose to the Regional Board a comprehensive action plan to properly address the presence of available mercury, if any, on the Preserve. Thank you for your patience and understanding in involving the District in the GRW Hg TMDL. We look forward to appropriately resolving any issues arising from historic mercury mining that occurred in this vicinity. If this approach is acceptable to the Regional Board written confirmation of such would be greatly appreciated. Please feel free to contact me if you wish to discuss these matters more fully. Sincerely, L. Craig Britton General Manager LCB:dms cc: MROSD Board of Directors 2 Carrie M. Austin 8/26/03 propose to the Regional Board a comprehensive action plan to properly address the presence of available mercury, if any, on the Preserve. Thank you for your patience and understanding in involving the District in the GRW Hg TMDL. We look forward to appropriately resolving any issues arising from historic mercury mining that occurred in this vicinity. If this approach is acceptable to the Regional Board written confirmation of such would be greatly appreciated. Please feel free to contact me if you wish to discuss these matters more fully. Si erel , ,r L. raig Britton General Manager LCB:dms cc: MROSD Board of Directors 2 INTEROFFICE MEMORANDUM September 16, 2003 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month August Year 2003 VIOLATIONS CITES TOTALS CRIMES CITES TOTALS Bicycles Poss marijuana<I oz 2 Closed area 0 0 Suspicious activity I Speed 9 18 Helmet 9 22 ACCIDENTS/INCIDENTS Night-riding 0 0 Bicycle accident 5 Dogs Equestrian accident 0 Prohibited area 6 10 Hiking/running accident 0 Off-leash 18 24 Other first aid 2 Off-road vehicles 0 0 Search& Rescue 0 Closed area- vehicle 0 2 Vehicle accident 0 After hours 8 27 LZ air evacuation I Fishing 5 5 Fire 0 Vandalism 0 5 Parking 10 20 ENFORCEMENT Parking after hours 17 34 Parking citations 27 Dumping/littering 0 2 Other citations 56 Camping 0 0 Written warnings 82 Weapons Arrests 0 Actual contact 0 0 Police assistance 2 Report only 0 0 Evidence of 0 0 MUTUAL AID Collecting animals 0 1 Accident 5 Poaching 0 1 Law enforcement 0 Skateboarding 0 1 Landing zone off-site 2 Bike must yield 0 1 Search& Rescue 0 Smoking 1 2 Fire 0 Astronomy w/out permit 0 1 Group w/out permit — 0 1 Unlawful trail construction 0 3 Fishing w/out license 0 4 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date 3 About 600 - 700 feet of unauthorized trail construction was discovered at El Corte de Madera. The construction occurred on a trail reroute, and was an extension of the authorized reroute built by staff and volunteers. B. Downing. 4 Illegal trail construction consisting of a technical trials course for bikes, including several jumps, ramps and log obstacles was discovered at Purisima Creek Redwoods. B. Downing. 8 At La Honda Creek two empty buildings were vandalized. An entry door was damaged at the former Paulin lodge and rocks were thrown through two windows in the cabin. D. Danielson. 16 Three cyclists fled from a ranger while riding on an illegal trail at Purisima Creek. E. Wickham. 25 A dog was observed running off leash after-hours in Windy Hill. F. Reneau observed a person ducking into the bushes. Two visitors were stopped and issued citations for dog off leash and given verbal warnings for after-hours violations. 27 B. Guzman and K. Miller observed trimmed branches on an illegal trail that leads into Picchetti. They also found an old garbage bag with deerskin in it. 28 Four visitors were observed fishing in a prohibited area at Bear Creek. K. Carlson requested assistance and B. Malone responded. The four were stopped and issued citations for"fishing prohibited." They were warned for area closed and fishing without a license violations. 29 Subjects in a parked vehicle with fogged windows were contacted in Sierra Azul for an after hours violation by B. Malone and B. Guzman. The driver rolled down the window and smoke poured out, creating a small cloud. The burnt tips of two marijuana cigarettes were handed to B. Malone. The three visitors were cited for"after hours" and warned for"possession of marijuana." One visitor was picked up by her parents. A sheriff's deputy transported the other two to their houses. 30 Two visitors were observed littering and engaging in suspicious activity in a vehicle at Ravenswood. B. Malone and B. Guzman observed both visitors pulling up their pants. It was determined the male had just been paroled from state prison and the female has been observed in a vehicle with another male in the past. Both were warned not to litter and that the area is not a place for sexual activity. 30 Fifteen bags of household garbage were dumped over the side of the parking lot access road at Thomewood. R. Carlson, D. Danielson. August Vandalism 3 A chain was cut on a gate at Bear Creek to gain vehicle access. 17 A chemical toilet was pushed off its pad at Fremont Older. 19 Signs on a gate in Sierra Azui were vandalized with paint. 28 The area closed and fire lane signs were stolen from a gate in Bear Creek. Memorandum from Thomas Fischer Ph: (650) 691-1200 ext.546 Midpeninsula Regional Open Space District Fax: (650) 691-0485 330 Distel Circle, E-mail: tfischer0openspace.org Los Altos, CA 94022 Date: September 22, 2003 To: L. Craig Britton General Manager Re: Bay Area Conservation Easement Award 2003 Wilson and Sue Cooper, along with the Midpeninsula Regional Open Space District, were awarded the Bay Area Conservation Easement Award 2003 at the Sixth Annual Regional Conference of the Bay Area Open Space Council on Friday, September 19, 2003. The Coopers were recognized for their volunteer service monitoring the Hidden Villa conservation easements. Please see the attached pamphlet from the conference. The Coopers will receive a personal photograph from photographer Roman Loranc. The District received a cash award in the amount of$500.00. (This check has been submitted to accounting for deposit into the general fund.) attachment yulfilling the Promise: THE PHOTOGRAPHER Fu ffitng t h e Bay.Area Conservation Roman Loranc was born in Poland and emi- Easement Stewardship Alward grated to the United States in 1981. California omise•rekindled his feeling for landscape photogra- The Bay Area Open Space Council recognizes the phy. His work marks a return to landscape pho- ay . rea Conservation growing use of conservation easements. During tography as intimate encounter with land and the 1990s,conservation casements accounted for psyche. Much of his photography focuses onEasement Stewardship half of new land protected in the Bay Area. In the Great Central Valley:the delicate wetlandsresponse to this trnd,the Council launched a shadowing the Pacific Flyway,the stirring con- - 11�ar�20O3 broad initiative in 1997 to improve the use and tours of the Diablo Range,and the sinuous sur- of conservation easements. faces of Central Valley rivers. He also works in To further this initiative,the Council created the the San Francisco Bay Area. His work has been annual Fulfilling the Promise Award to recog- exhibited in many galleries,and has appeared in Wilson and Sue Cooper publications. With writer Lillian of the nine an outstanding contribution to the protection numerous p of conservation easements through stewardship. Vallee,he recently completed a book entitled Midpeninsula Regional Organizations from throughout the Bay Area Hardworking Rivers: The Streams and Wet- nominate candidates,and the nominees are lands of the San Joaquin Valley. Loranc hand Open Space District evaluated by the Council's Conservation Ease- prints his 4x5"negative to 8x 10",11x14", ment and Executive Committees. 16x20"and 20x24"prints. All images are ar- chivally dry mounted,signed and numbered by The Award is presented at the Council's annual the artist. His work can be viewed at conference at the Presidio in San Francisco. The www.romantoranc.com,and he can be con- recipient of the award receives a framed photo- tacted at 209-575-3015. graph specially commissioned from a profes- sional landscape photographer. In most cases, THE AWARD SPONSORS the artist will photograph a specific property selected because of its relationship to the Award recipient. In addition,the stewardship program Conservation Partners is a law firm and consulting .� with which the recipient is affiliated receives a firm with extensive experience arranging,negotiat- ing and managing transactions that preserve land for cash award in honor of the organization's efforts. the public benefit. Harry Pollack and Eunice Cal- a vert-Banks are the firm's attorneys and may he con- tacted at 510-528-7350. +` Nichols-Berman Environmental Planners is an ,r w BAY AREA OPEN SPACE COUNCIL environmental planning firm based in Benicia. It 631 Howard Street,Ste.510.Son Francisco,CA 94105 specializes in environmental review and natural re- www.openspocecouncil.org sources protection programs. The principle,Bob For nwrc information about the award,please contact Darla Guenzler at 707-469-0926 nr Darla Cmopenspacecouncil M oak wools.Norm,.Loranc 2001 WILSON AND SUE COOPER They have identified violations,handled them appropri- MIDPENINSULA REGIONAL OPEN ately and sensitively with landowners and staff,objec- SPACE DISTRICT The Coopers exemplify the dedicated and committed vol- tively documented the violations,and tracked the reso- unteer spirit that has been the driving force in maintain- lution over time. For example,their work on the ease- in protection of over l8 conservation easements held b MROSD's mission is to acquire and preserve a re- the Mid peninsula Regional Open Space District gional greenbelt of open space land in perpetuity; Pe g P P their early identification and action has greatly reduced protect and restore the natural environment;and (MROSD). They have served in an easement steward- the occurrence of illegal trails within the easement area. shipand other volunteer capacities with MROSD since provide opportunities P This has helped to maintain the integrity of the hillsides .for ecologically sensi- 1997. The couple is responsible for three easements that from erosion,while demonstrating to the landowner are art of the larger Hidden Villa complex established tive public enjoyment "The Coopers are a P g P and occupants that easement monitoring helps to re- and education. by the Duveneck Foundation. The easements encompass duce undesired activities on their land. great asset to MROSD's three distinct landscapes and land uses and total approxi- easement stewardship mately 1,494 acres. The Coopers visit the property an averse of twice a While the majority of p' � � Y g MROSD's property is program. Their dedica- � month to monitor what is occurring,particularly in held in fee ownership,it tion and commitment to These easements are a complicated intermix of the own- their other volunteer roles of Trail Patrollers and Pre- has a long history of ers and property occupants with different land use activi- serve Partners for the property. They are highly enthu- open space on the protection through coo- ties,including a youth hostel,ranch operation,and the siastic and their commitment of time and stamina has midpeninsula is a vital Hidden Villa farm. The Coopers maintain and coordi- nervation easements. Pe enabled the District to keep current with activities on The District holds over part of our ability to main- nate the relationships the easement. The Coopers have each donated close to 1$conservation ease- rain wild areas for future between MROSD staff, "Wilson and Sue are leaders in 1,000 hours of time in assistance to the District,with ments,directly or volunteer monitors, over 800 of these hours serving as easement monitor- generations to enjoy." stewardship through their stead- landowners and the jointly. These conser- ingltrail patrol tasks. vation easements are u Craig Britton, fast service and exemplary com- other occupants of the managed through a land General Manager.MROSD � property. They have When the are not spending time on easement steward-skills. Their per- Y P g protection program worked very success- ship,the Coopers are often leading a bicycle tour in sonal warmth encourages others with volunteers,such as the Coopers,who provide fully with all individu- same far off land. The most recent trips have been the stewardship activities. Each easement is as- and makes the monitoring move als and organizations New Zealand and Nova Scotia. Home is in Pala Alto. signed a team that provides the important personal- more smoothly." when problems have on the San Francisco peninsula. Pour McKowan, arisen in the past. contact with landowners and performs the inspec- VolunteerCoordinator,MROSD tuns on an annual basis. The Coopers embody the stewardship spirit that land �I In addition to managing conservation organizations need to encourage. They the complex set of interrelationships and land use activi- have"adopted"a protected property and are working to In the three-year history of the award,this is the first time that volunteers from a public agency will ties,the Coopers are responsible for coordinating a ensure that the property remains protected,its natural receive the award. MROSD is a inspiring example "monitoring team"as well as the typical duties of ease- resources intact,and that good relations are maintained meat monitors,such as conducting and organizing the with the landowners. of a public agency that has developed a comprehen- formal annual inspection and preparing reports. They live easement stewardship program and a trained volunteer carps to help carry out the program. serve as role models to other monitors at MROSD. September 23, 2003 MIDPENINSUtA REGIONAL{OPEN SPACE DISTRICT Chris Brancart, President Board of Trustees La Honda -Pescadero Unified School District P.O. Box 189 Pescadero,CA 94060 RE: September 25, 2003, Agenda Item No. 8 Board Policy Relating to the Activities of Special Districts Dear Mr. Brancart: The proposed Board Policy Relating to the Activities of Special Districts states in part that, "The Board has received credible information that annexation by Special Districts of an area within the geographical boundaries of the LHPUSD may have significant adverse impact on the School District...". Although the LHPUSD Interim Subcommittee's Initial Report reflects considerable research and analysis, in reviewing the report, it is apparent that some of the information is incomplete or may have been misinterpreted,especially regarding a special district's potential for collecting new tax revenues, the way in which the revenue sharing is calculated, and the basis for determining tax loss that might result from an annexation by a special district. In order to clarify these points and to discuss a mutually beneficial proposal that will aid in serving the educational needs of the La Honda—Pescadero community, a meeting between the School District's subcommittee and MROSD representatives is scheduled to take place on September 30. In light of the upcoming meeting between our two districts, we believe taking final action on the policy as presented is premature. Further, once the application for Coastal Annexation is made to the Local Agency Formation Commission, a 6-12 month process will commence during which LAFCo will review and consider the annexation application. This time period provides an ongoing opportunity for us to resolve any outstanding issues that might be of concern prior to any final decision on the application by LAFCo. Therefore, on behalf of Midpeninsula Regional Open Space District, I respectfully request that any final decision on the Board Policy Relating to the Activities of Special Districts be postponed until after the School District's subcommittee and MROSD representatives have worked together and hopefully resolved this very important matter. Sincerely, L. Craig Britton, General Manager cc: LHPUSD Board of Trustees John Wilson, LHPUSD Superintendent MROSD Board of Directors 3 3+: [) art i Circle L,)s Al±os, CA 9402 2-i 49A P hor e: 650-691-1 2t)0 .n.r.. ,EF," _.. ; tl-f3i},-��-���� �-('^.i3I iT•.i'L1;+tlf�bt3'�fl {}3C2,Cf:; V'�C._ Slfe:b'tll'vb'.C('�'Csy�dCe in? - .