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HomeMy Public PortalAbout20031210 - Agendas Packet - Board of Directors (BOD) - 03-27 Regional Open Sp --e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (A'A HiRAIING 30 YEARS OF OPEN SPACE PRESERVATION Meeting 03-27 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, December 10,2003 330 Distel Circle Los Altos, California AGENDA* Please Note: 6:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and,at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel—Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) -one potential case 2. 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 District, San Mateo County Superior Court Case No. CIV432548 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS —Public ADOPTION OF AGENDA—N.Hanko ADOPTION OF CONSENT CALENDAR—N. Hanko ADOPTION OF MINUTES • June 5,2003' BOA"BUSINESS 7:40* 1 Adoption of Resolution to Support the San Mateo County Mosquito Abatement District's Benefit Assessment District with an Affirmative Vote on the Mailed Ballots;Adopt the Attached Resolution Supporting the San Mateo County Mosquito Abatement District's Benefit Assessment District and Directing the Return of the Mailer Ballots with an Affirmative Vote—C. Britton 8:00* 2 Acceptance of a Gift of an Open Space and Conservation Easement over Santa Clara County Assessor's Parcel Number 137-24-028 (Smits Property),Near the Sierra Aml Open Space Preserve;Determine that 33o Distel Circle 6So-6g3-12o0 info@openspace.org BOARD Of DIRECTORS:Pete Siemens,Mary Davey,Jed Cy,, GENERAL MANAGER: Los Altos CA 94022-1404 6so-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton Meeting 03-27 Page 2 the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA)As Set Out in this Report;Adopt the Attached Resolution Authorizing Acceptance of the Open Space and Conservation Easement Over the Smits Property, as an Addition to the Kennedy-Limekiln Area of the Sierra Azul Open Space Preserve—T.Fischer 8:10* 3 Proposed Addition of Santa Clara County Assessors Parcel Number 537-09-003 (Whiteway Property)to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Out in this Report;Adopt the Attached Resolution Authorizing Purchase of the Whiteway Property;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve;Indicate Your Intention to Withhold Dedication of the Property as Public Open Space at this Time—M.Williams 8:20* 4 Dedication Status of District Lands;Adopt the Attached Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes—D.Woods *** 5 Authorization,to Amend Agreement with Shelterbelt Builders, Inc. for an Additional Amount Not to Exceed$10,000;Authorize the General Manager to Execute an Amendment to the Agreement with Shelterbelt Builders for a Supplemental Amount of$10,000 to Survey Additional Areas for Invasive Plants—J.Maciel 8:45* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. *** REVISED CLAIMS 9:00* ADJOURNMENT * items m appear earlier or later than listed.Agenda is subject to change o order. Times are estimated and rte may ppe g � g f ** To ADDREss THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates *** All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. REGIONAL OPEN SPACE DISTRICT Meeting 03-12 SPECIAL MEETING BOARD OF DIRECTORS June 5, 2003 MINUTES L ROLL CALL President N. Hanko called the meeting to order at 7:02 p.m. Members Present: Jed Cyr(arrived at 7:04 p.m.), Mary Davey, Larry Hassett,Deane Little, Pete Siemens, Ken Nitz, and Nonette Hanko Members Absent: None Staff Present: Craig Britton, S. Schectman, Sally Thielfoldt, John Escobar, Cathy Woodbury, Stephanie Jensen, John Maciel, Mike Williams, Del Woods, Lisa Zadek, Anne Koletzke, Kristi Webb, Mike Newburn, David Sanguinetti, Mike Howard, Andrew Martin, Mark Cassereto, Tom Fischer, Carl Oosterman, Matt Freeman, Paul McKowan, Elaina Cuzick Consultants Present: Thomas Reid, Thomas Reid Associates; Patrick Miller, 2M Associates; Steve Spickard, Economics Research Associates; Richard Taylor, Shute, Mihaly and Weinberger;Mike Waller, Hexaagon Transportation consultants;Ray Moritz, Moritz Arboricultural Consulting and Landscape FIRES. 111. ADOPTION OF AGENDA M. Davey moved that the Board adopt the agenda. K. Nitz seconded the motion. The III motion passed 6 to 0. N. Hanko described the process to be followed and procedural rules for the meeting. M. BOARD BUSINESS. A. Agenda Item No. 1 - San Mateo County Coastal Annexation Project: Certification of the San Mateo Coastal Annexation Final Program Environmental Impact Report and Adoption of Findings, Approval of the Mitigation Monitoring Program, Approval of the Service Plan for the San Mateo Coastal Annexation I GENERAL AAANACER Cr,aq BrIttor, Meeting 03-12 Page 2 Area, Approval of the Fiscal Impact Analysis, Adoption of the Willing Seller Ordinance, Adoption of the Annexation Policy, Adoption of a Resolution of Application for Annexation and Sphere of Influence Amendment, Adoption o Resolution of No Property Tax Exchange, and Consideration of Master Mutual Aid Agreement with the County of San Mateo, and Consideration of Other Related Project Documents—(Report No. 03-54 C. Britton introduced staff members and consultants. C. Woodbury gave a history of the process that began in 1997 and listed the actions to be considered at this meeting. She talked about the factors leading to the District's proposed coastside program, including a poll in 1998. She showed a map of the proposed coastal annexation area in relation to the current District boundaries. She talked about the benefits of the coastal annexation. Regarding representation, she noted that from I - 4 wards could be extended to the coast. S. Schectman talked about eminent domain issues, the 1999 Cooperation Agreement, and the willing sellers ordinance. She outlined the annexation policy. C. Woodbury noted that the proposed annexation does not include any new or proposed taxes. Staff will work to formalize a mutual aid agreement with San Mateo County fire Department. She outlined the next steps to be taken. Patrick Miller, 2M Associates, reviewed the changes to the service plan since the Board accepted it in June, 2002, noting that most were minor. He talked about the proposed mitigation measures. Thomas Reid talked about the final EIR and listed its contents. He said the final EIR before them tonight is a thorough and comprehensive compilation of both technical analysis and public input. Its purpose is to provide environmental information to inform the Board's action and that of LAFCo in considering the annexation. Steve Spickard provided an update on the fiscal impact analysis, noting that it had not changed in a fundamental way. N. Hanko referred to page 25 of the draft final service plan which talked about siting of trails. She asked where the setbacks came from. C. Woodbury said they were from the San Mateo County Trail Plan. N. Hanko read from page 31, second paragraph, guideline G6.29, and asked where the feral pig issue was addressed. C. Woodbury said that was discussed under resource management. The following people submitted speaker cards and chose to speak: Meeting 03-I2 Page 3 Name Summary Comments/Concerns Yoriko Kishimoto Presented a resolution expressing strong and unanimous support for the proposal. Jack Olsen Farmland security zone; encourage to hold off with final approval for at least a week. Chuck Kozak This is the most positive EIR he has reviewed and addresses all issues raised during the comment period. Peter Daniel Expressed objections to the EIR. Fire hazard and risk appraisal not adequate. Recommended Board hold off until this can be done correctly._ Carol Simon Need additional traffic analysis. PMAC has gone on record against the annexation. Omit south coast from any further consideration for annexation. Steve Simms He had never seen such total opposition to anything as with this annexation. Think we are'good stewards of land. John Donovan Concerns regarding representation. Believe the District does not have money for land management. The District is not giving up the right to eminent domain. Leslie Fiering In favor of open space and management of open space. There are omissions from the plan including farm labor housing. Reject current document until issues can be addressed. Oscar Braun Added to Mr. Daniels' comments regarding the purpose of the CEQA review process. Invited Board to join Fire Safe committee members for a workshop on how they go forward since funding has ended. Not against open space and protecting environment. Asking to put off decision and get study done correctly. April Vargas Urged them to adopt the documents. Kirke Comstock Asked them to approval material before them. Chris Thollang Commented as Citizens Advisory Committee member on the issue of eminent domain. Disappointed we do not have support of south coast community because he felt their concerns had been met. Encouraged them to move forward. Ann Forrister Urged them to take actions proposed by staff. Alan Maranglia He said he wondered about the District's mission statement. He said he would rather look at million dollar homes hidden in the trees than look at parking lots and toilets. Hertha Harrington Reported on her experiences with MROSD, which were all positive. Urged annexation because it will benefit everyone. Thanked Board for patience and dedication to serving and land. Joanne Joye Addressed comments regarding EIR traffic analysis. Her area not covered in that analysis. Supported Carol Simon, asked that they reject EIR. I i Meeting 03-12 Page 4 Kurt Heiner Concerned about emergency medical care. Concerned about impact on community where his sons will grow up. Came from La Honda Pescadero Unified School District with a letter from Mr. Wilson, Supt., LHPUSD. Fire analysis incomplete and unconvincing. Concerns regarding potential adverse impacts to school district. Requesting extension of review period. Dan Caughey Will not be impact on emergency response. Talked about response to incident in which his cousin died. Veronica True District is very poor neighbor. Serious trespassing problem. Talked about items on web page and in newsletter showing pictures of their ranch as being District property. Would like a written response. Nina Pellegrini Totally opposed to annexation because of inability to manage the lands they already have, their fiscal responsibility, and their disregard for the residents' survival as viable communities. Talked about Russian convent eminent domain issue. Wants answers to questions. Asked them not to do annexation. Meredith Folsom Urged Board to accept EIR. Irma Mitton Concur with colleagues from PMAC that they not accept the final resolutions and consider alternative of eliminating south coast from annexation area. She addressed some statements regarding agriculture in the draft final service plan. Do not need another agency to provide services that currently exist. Asked to consider alternative that does not include south coast. George Cattemole Final EIR disappointing to many. District is opening spaces that have been closed for a long time. It will impact habitats. District could do the work in a responsible manner, but hasn't. Need more time to look at the EIR. Ken Broome Representing himself as an individual who enjoys the coast side area. Stated why he was in favor of the annexation. Recommended to annex as proposed. Bill Prince Resident of south Skyline area. Support expansion based on their research and consideration. Support adoption of tonight's agenda items. Believe protect ed open s ace increases reases property values for private landowners and presence of field rangers is beneficial to private landowners. Support contingent on three things: 1. MROSD will not use eminent domain. 2. Sellers will retain right to sell to whomever they want. 3. Increase focus on resource management including dealing with invasive non-native plants. Ken Hibbits Operates alpaca ranch. Encouraged them to address issues raised. Think it is important to look at traditional and non-traditional agricultural use. Urged them to be creative. Asked them to do best possible they can in representing the people here. Have lost 30 percent of agricultural production. John Lynch In 30 years he had learned to love the coast. Six years since began, press on ahead. Jack McCarthyUrged to follow through on vision of this program. Meeting 03-12 Page 5 Gael Erickson Hoping they will approve. Sure there are things that will need to be changed. Concerned regarding number of properties for sale. Concerns regarding watershed. Accept and move ahead. Meg DeLano Reaffirmed opposition to annexation. EIR failed to address issues we raised. Talked about several deficiencies. Do not understand why our area is not addressed under traffic issues or provision of visitor services. Audrey Rust Urged to accept documents and move forward with annexation. Talked about competence of District staff. Todd McGee Supporter of District. Spent lots of time on EIR. Commented regarding representation of coast. Proposed that part of annexation proposal be to establish a committee of coastsiders. The need of coast side is to be protected from the rest of the Bay Area. There are lots of people and energy available and the District is not availing itself of it. Terry Brown Live by Portola State Park. Not in favor. A lot of us like being on our own. Don't think we need another bureaucracy or government land grab. Don't see overdevelopment happening. Understand there has been a net decrease in housing on the coast. Geoff Allen Agreed they ought to rescind the power of eminent domain forever, have not done that. Would like to withdraw name from petition. Asked not to certify EIR because there are lots of questions. Fiscal analysis is questionable at best. Traffic study—think safest way to protect land west of Skyline and south of Half Moon Bay is to leave it in the hands of people who have been caring for it for 200 years. The report on sudden oak death was hugely lacking. In favor of annexation north of highway 92. Mike Polacek Good process. True test will be what District will do with all this information. Adamantly against annexation proposal. Great deal of local opposition. Hope you do not ignore. Goals are good on the surface. Issue is how you achieve that. Personally concerned with economic impact. Think analysis is incomplete. Hank Modena Don't approve of what they are doing to the coast side. There are fewer homes and schools in area than 90 years ago. We have kept the coast the way it is and what you are trying to do is wrong. If you want to reserve the coast keep the rich people out and keep farmers and p ranchers where they are. Kay Bell There are plenty of regulations to keep development down on coast and lack of water. Hope kids can have a home where they want. Shocked by decrease in population of the area. Urged them to consider rational land use that includes housing. Joan Kirkaldie Think what you are doing is very good and we need that new area. Don't see that it is an issue regarding eminent domain. Endorse what ou are doin . Jim Rourke Read excerpts from Grand Jury report. Urged them to adopt EIR and move forward with service plan. III . Meeting 03-12 Page 6 Jose Maes See this as piecemeal acquisition of privately owned property. Specific question regarding easements—to what degree will property through which easement go be compromised? Noble Hendrix Have used open space. He is an ecologist; you can maximize the usefulness of conserved land when you can link it with other pieces of conserved land. Should contact people regarding local agriculture practices and local preservation of frog. Ray Modena Talked about potential traffic. Can't build houses because of lack of water. Schools are hurting. Enough parks. Don't have enough people to take care of the ones they have. Joe Nixon No mystery to me that there are a lot of for sale signs. District will not have authority not to tax part of their area. Manipulation of issue of eminent domain, cannot trust government. Must get agreements in legally binding writing. Think this is a thoroughly corrupt proposal. Jan Snyders Think we have enough open land and parks. Plenty of hiking trails. Man reasons against annexation including fire hazards and Y g g introduction of diseases to agricultural crops. Completely against annexation. Pat Dixon Active in county politics, on ridge trail council. Understand how people want their area to stay. Once Highway 92 is widened the area will be high-density housing. Would like to see this proceed. Mario Pellegrini Opposed. One reason is that in district's mission statement, one of their missions is to acquire agricultural lands. With that statement you run into three Constitutional protections. right to own private property, farmers' livelihood is at stake, homestead exemption. District is enemy of those things. Talked about willing sellers. Board violating constitution of United States. Armin T. Borick Concerned regarding what you are doing. Taking land off tax rolls. Martini Ranch—what have they done with it. 1998 La Honda Road closed for two weeks. County EMS depends on local volunteers. You are going to put hikers on land who are dependent on volunteers for medical coverage. No one is opposed to open space,just opposed to District management. Peter Marchi Development on coast will not happen. Would like more time to review the EIR. Main concern is eminent domain. His attorney reviewed EIR and said it can be reversed. Goal in cooperative agreement was that it could never be reversed. Marta Sehnal Don't need more regulation. Think people want schools, police, and roads. Think there are enough parks in county. Terry Gossett Opposed to annexation. Final impact - $1 million lost tax per year from POST purchase. Discrepancy between your numbers and San Mateo county controller's numbers. Might be worthwhile to go back and confirm statements of less than significant impacts. District has taken 9 months to review responses, will then give public 9 days to respond. Need 60-90 days. Meeting 03-12 Page 7 Mary Ann Heine Disabled on job, a farmer and educator. Need to protect habitat farmland and constitutional rights. Homeless because of eminent domain and theft. Asked them to defer and let it be a comprehensive EIR. Let us protect and preserve and uphold our rights. Listen to people. Bern Smith Agreed with lot of previous speakers. Have not had time to look at EIR. Specifics regarding building trails, agricultural issues. When it comes to managing land, things will come out of left field. Emergency response, think it was addressed to my satisfaction. All of the time that went into this will seem like nothing compared to the effort that it will actually take to manage the properties. Hope you can do it, support your attempt. Zoe Kersteen-Tucker Thanked Board and staff for energy and commitment. Talked about the community process and eminent domain. Urged them to adopt EIR and move forward in process. Oceans are in peril because of coastal development. J. Persson Live near Portola Park, representing self. Do reforestation work and j volunteer in parks. Talked about paying visit to county for various things they did to property. Don't like overhead of all the government. Road is in bad shape. Will not hold additional traffic. Have not had enough time to review documents. Disturbed that comments were not fully responded to. Guy Coggins Would like to support Board in being conservationists. Concerns re ardin timberland and mineral rights. Deborah Ettinger Development on coast is extremely restrictive. Wanted to address willing sellers issue. Talked about examples of government taking advanta e of. Pat and Sheila Bordi Strongly opposed to annexation. Heard of people being harassed into selling. The residents care for their lands. Think annexation would bring many people and change the area. Have plenty of parks, laws, ordinances, policies and permit requirements. Ask that you stay out. The following people submitted speaker cards but did not choose to speak: 1. Jessica Agramont, Half Moon Bay 2. Judy Grobe, La Honda 3. Jim Norris, Pescadero 4. J. Marsh, Half Moon Bay 5. Joe Falcone, Half Moon Bay Planning Commissioner, Half Moon Bay 6. Len Erickson, Midcoast Parklands, El Granada 7. Jim Norris, Pescadero 8. William Young, Half Moon Bay 9. David Abrevaya, Half Moon Bay N. Hanko noted that many resolutions of support had been received, including those from Redwood City, the cities of Los Gatos, Cupertino, Saratoga, Los Meeting 03-12 Page 8 Altos, Half Moon Bay, Pacifica, Santa Cruz, Walnut Creek, Santa Clara County Board of Supervisors, and Santa Cruz County Board of Supervisors. Expressions of support had been received from Hon. Sally Lieber, Hon. Rebecca Cohn, Hon. Tom Lantos, Hon. Mike Honda; the National Park Service, East Bay Regional Parks, Marin County Open Space District, Midcoast Community Council, and Hon. Byron Sher. Recess: 10:05-10:33 P.M. Staff responded to questions as follows: Fire and EMS Services and wildland fire risk issues- J. Escobar addressed the EMS issues. He referred to page 32 of the EIR and said the entire area should generate only 15 EMS calls a year. Fire safe questions -D. Sanguinetti addressed how they approach fire safe issues on District properties with the use of staff and California Youth Authority. He will be representing the District at the workshop. Fire - Ray Moritz, urban forester, prepared study for this project. He talked about his experience and qualifications and addressed the use of Sonoma County study information. He said he was confident with the conclusion he reached using that data. He said he had worked in this field since 1975. Traffic—Mike Waller, Hexagon Transportation Consulting Fiscal— Steve Spickard—two principle issues: 1. Will there be an increase in the cost of providing services. 2. Is there a decrease in revenues? All agencies were contacted; they anticipated no significant service increases. He felt there was fundamental misunderstanding as to how the property tax system works with regard to tax revenue.. Agriculture—C. Woodbury referred to Permanent Policy PA-1 on page 13 of the service plan, which addressed protecting agriculture's continued use. Farm labor housing was addressed in Permanent Policy PA-2 and Guideline G-6-3. Biological Issues - Tom Reid said the list of mitigation measures in the EIR covers special status species exhaustively. He did not think there was any inconsistency between the objectives as stated in the mission statement and the controls that the District will establish when the final service plan is adopted. Taxation— S. Schectman reiterated that the proposal does not include a tax measure and the resolution provides that the Board will not seek any reallocation of current property tax to the District. Special districts cannot impose property taxes without a 2/3 vote of the people. Representation was discussed on page 20 of the service plan, which stated that the Board will work with residents on this Meeting 03-12 Page 9 issue. The service plan does envision the use of advisory committees. The legislature has established very strong immunities so that landowners cannot be sued in the event recreational users are injured on their land. She thought they had covered eminent domain thoroughly in the document and the hearings. She was confident the prohibition on the use of eminent domain was a firm commitment. D. Little asked about the purpose of the statement"comment noted." S. Schectman said some comments were not on the EIR. Tom Reid said when they say"comment noted" they say we heard you. He thought the issues were well before the public. M. Davey asked about the super Williamson Act. S. Schectman said there is a relatively new statute that provides protections for farmland security zones. These restrictions would not apply to a district like MROSD. P. Siemens had suggestions of minor changes to the service plan: • Page 7, third paragraph, change"allow" to "encourage." • Page 8, third bullet at the top, say, "The opportunity for one or more local residents to be elected . . . ." • Page 8, third paragraph, after"acquiring land," add"and conservation and agricultural easements." The mitigation monitoring plan would have to be changed to be consistent. • Page 12, guideline GL1, add after"site" the words"agricultural operations," before"trails." S. Schectman said this was addressed in the hazardous impact section. • Page 23, underlined sections, middle of page, add", including" after "special board meetings." • Page 25, siting of trails, change recommended minimum setback for residential to 100 yards and agriculture to 100 ft. Following discussion, Patrick Miller said he would work on the wording and present it later in the meeting. P. Siemens said the mitigations would have to be changed as well in order to be consistent. • Page 26, G68, change "picnicking" to"picnic areas." Where it says, "prohibit smoking", the word"an" should be"and." Would need to change the wording in mitigation 7-14. • Page 39, paragraph 2 change to read, "The District would manage lands it acquires that are adjacent to land owned by another open space interest in a compatible way." After the comma, delete the words,"The District would manage its adjacent lands." Where it says recreation on District property, the word"where" should be"even though." • He added that he favored some or all of the recommendations made by Mr. Cattermole to be included in the EIR. L. Hassett asked staff to respond to the length of time issue. C. Woodbury talked about the notification and sending of documents. S. Schectman said the only Meeting 03-12 Page 10 legal requirement is that agencies that commented receive copies. The Board has' gone beyond the minimum legal requirements. L. Hassett proposed a change to the service plan, Guideline G3.10 on page I5, first paragraph, stating that he thought it was important that the District recognize there is a trend toward organic or chemical free agricultural production. He wanted it made clear that the District would not use pesticides or herbicides in a buffer zone next to lands used for organic agricultural crops. C. Britton referred to page 18, B310. D. Little, saying that"the District shall abide by existing standards for organically grown crops at places where its properties are in contact with lands being used to produce such crops." C. Britton suggested adding, "including organic agriculture" after the words"do not adversely affect agriculture." P. Siemens asked that both herbicides and pesticides be included. Patrick Miller suggested saying, "where pesticides or herbicides are used" and deleting "for vegetation control including control of noxious weeds" Patrick Miller returned to the trail setback question, page 25. He said one option would be to restate the first four lines of that paragraph and strike the land use recommended setback table. It would read, "Trails shall be sited a minimum distance of 300 ft. from occupied dwellings unless site specific circumstances make this infeasible. Where a 300 ft. setback is not feasible, a minimum distance of 50 ft. shall be in force and potential noise and privacy impacts must be evaluated for any subsequent District action and shall be reduced by use of berms, fences, landscaping . . . ." P. Siemens asked about the inclusion of Mr. Cattermole's suggestions. C. Woodbury said some of those had been addressed in the responses to comments. M. Davey said when the District was established in 1972, they had a vision of preserving open space and the green belt around Silicon Valley. In 1976 they welcomed San Mateo County to the District. She thought this was a monumental achievement. They have an obligation to preserve national resource that we all love and the accompanying agriculture. They had excellent staff and consultant work in putting together the documents. She said she intended to vote positively. L. Hassett said his perspective was a little different from other Board Members. He moved to rural San Mateo County in 1973 and became active in the South Skyline Association and volunteer fire department. In 1976,the South Skyline Association supported the District expanding its boundaries, but with lots of apprehension centered around the issue of eminent domain. The Association worked with staff and the Board and came up with an eminent domain policy that satisfied the desires of the association. He said the District has honored that policy ever since. He pointed out the benefits because the open space District is there. The area has retained its rural character. There is an increased level of emergency response. He talked about the impact on resource management Meeting 03-12 Page 11 including feral pig control and star thistle control. Regarding representation, he felt he had worked hard to address the concerns of his neighbors. He said he would continue to represent the interests of his neighbors and would support staff s recommendations. J. Cyr said that during the six years of bringing the project to this point, there have been major attempts to include the public. He said the EIR responds well to both written and oral comments. He was satisfied that the comments raised by the public regarding the EIR have been addressed and he would be voting for it. K. Nitz said he grew up in Los Angeles and has been amazed at the San Mateo coast. He thanked the farmers and others for doing what they were doing. He feared that the housing pressures would come toward the coast. He said what they are doing tonight is exciting and momentous. He thanked the District's founders for their hard work. He said they were embarking on a new journey to preserve and protect, and he was getting on board. D. Little said it was clear in listening to the comments that there is a gulf in perception about what the District is and represents. He understands that they are sincere. He asked them not to doubt the sincerity of the Board. He said he would speak as a user and an elected representative. The staff is so dedicated and sincere and loyal to the agency and responsive to neighbors and users. He believed the District had done an incredible job of preserving ecologically valuable land. He could see that they might perceive the District as outsiders and invaders. He asked them to be open to staff and the Board and the agency as a whole. He thought that in the future they would have come to a different perspective. Regarding eminent domain, he said he was certain the agency would never change that. He hoped they would have an open mind. P. Siemens said he thought the District would prove to be a valuable resource to farmers. He agreed regarding formation of a committee to advise the Board. The service plan contains a provision that if there is a significant issue affecting the coast, the meeting would be held there. He said the intent is to develop policies that would help us with any of the leased lands that they might own. He said he did not think District should be in the business of managing farm land. He thought the EIR was well done. N. Hanko said she thought the Board was ready to move for-ward. This is only the beginning of a long process. She said the District is improving because people like those present tell them their concerns. She said they listen and incorporate those improvements into their plans. She said she was concerned about the school district, and would like staff to pursue arrangements where there will be as little fiscal impact as possible. Meeting 03-12 Page 12 C. Britton said they plan to work with them and come up with a program, perhaps to fund environmental education, so there would be no net loss to the school district. N. Hanko talked about going to the coast with her parents when she was a child. She said to her, agriculture was part of the coast and she would continue to work toward the end of improving agriculture. Motion: M. Davey moved that the Board adopt Resolution No. 03-18, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District certifying the Final Environmental Impact Report as amended, that it has been completed in compliance with CEQA, was presented to and reviewed and considered by the Board prior to making its decisions tonight and reflects the Board's independent judgment and analysis. P. Siemens seconded the motion. The motion passed 7 to 0. Motion: D. Little moved that the Board adopt Resolution No. 03-19, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District approving the Final Service Plan for the San Mateo Coastal Annexation Area (Service Plan) as amended; adopting the CEQA Findings as amended that potential significant environmental impacts have been avoided or mitigated; and adopting the Mitigation Monitoring Program as amended, which ensures that mitigation measures of the Final EIR will be implemented. L. Hassett seconded the motion. The motion passed 7to0. Motion: K. Nitz moved that the Board approve the Fiscal Impact Analysis. J. Cyr seconded the motion. The motion passed 7 to 0. Motion: N. Hanko moved that the Board adopt the Annexation Policy which provides that any lands annexed would be subject to policies of the service plan including no eminent domain. K. Nitz seconded the motion. The motion passed 7 to 0. Motion: P. Siemens moved that the Board adopt Ordinance No. 03-01, Ordinance of the Board of Directors of the Midpeninsula Regional Open Space District Prohibiting the Acquisition of Property by Eminent Domain Within Specified Areas(Willing Sellers Ordinance), which prohibits the use of eminent domain to acquire any land or interests in land an nexed to the District as part of the service plan. L. Hassett seconded the motion. The motion passed 7to0. Meeting g 03-12 Page 13 Motion: M. Dave moved that the Board adopt Resolution No. 03-20, Y p Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Requesting the San Mateo County Local Agency Formation Commission to Undertake Proceedings for the Annexation of Territory to the Midpeninsula Regional Open Space District and Requesting the Amendment of the Sphere of Influence of the Midpeninsula Regional Open Space District. K. Nitz seconded the motion. The motion passed 7 to 0. Motion: J. Cyr adopt Resolution No. 03-21, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Making a Determination of No Property Tax Exchange Pursuant to the Provisions of Division 1, Part 0.5, Section 95 et seq. of the California Revenue and Taxation Code. P. Siemens seconded the motion. The motion passed 7 to 0. Motion: P. Siemens moved that the Board direct staff to discuss entering into a Master Mutual Aid Agreement for fire services with San Mateo County Fire with the goal of developing and formalizing a mutual aid agreement. K. Nitz seconded the motion. The motion passed 7 to 0. IV. ADJOURNMENT At 12:14 a.m., June 6, 2003 the meeting was adjourned. Roberta Wolfe Recording Secretary Regional Open Sp.-.:e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-121 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Meeting 03-27 December 10, 2003 AGENDA ITEM 1 AGENDA ITEM Adoption of Resolution to Support the San Mateo County sq 'to Abatement District's Benefit Assessment District with an Affirmative Vote on the Mail d Ballots GENERAL MANAGER'S RECOMME Adopt the attached Resolution supporting the San Mateo County Mosquito Abatement District's Benefit Assessment District and directing the return of the mailer ballots with an affirmative vote. j DISCUSSION The San Mateo County Mosquito Abatement District ("SMCMAD") proposes to increase its service area by annexing the currently unserved portions of northern and western San Mateo County that currently do not receive any mosquito abatement and insect/rodent disease surveillance and prevention services. Currently, the SMCMAD is responsible for mosquito and vector control services for the central and southern Bay side of San Mateo County, including Atherton, Belmont, Burlingame, Burlingame Hills, East Palo Alto, Emerald Lake, Fair Oaks, Foster City, Hillsborough, Ladera, Los Trancos Woods, Menlo Park, Millbrae, Portola Valley, Redwood City, San Carlos, San Mateo, Woodside, the Highlands of San Mateo, Redwood Shores, certain parcels in San Bruno, and the San Francisco Airport. Services are primarily funded by a special property tax previously approved by voters in each city or area served. The SMCMAD has considered annexation for some time of the currently unserved remainder of San Mateo County in order to best provide mosquito and vector control services to the entire community. The SMCMAD commenced the annexation process in calendar year 2002. The San Mateo County Local Agency Formation Commission(LAFCo) approved this annexation on September 17, 2003 subject to a LAFCo protest hearing and a successful outcome on a benefit assessment ballot proceeding which would provide ongoing funding for the services in the annexation area. The protest hearing was held on October 28, 2003. No sufficient protests were received, and therefore, the annexation proposal can now move forward. The area proposed for annexation includes all property within San Mateo County that is currently outside of the SMCMAD's jurisdictional boundaries ("Annexation Area"). The Annexation Area includes the cities of Brisbane, Colma, Daly City, Half Moon Bay, Pacifica, South San Francisco, and San Bruno; and other communities such as Ano Nuevo, El Granada, Pescadero, etc. This annexation will bring over 224,000 additional residents into the SMCMAD. 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton R-03-121 Page 2 Accordingly, the SMCMAD's Board of Trustees ("Trustees") determined that additional funding was needed to support services in the Annexation Area and intends to provide the same level of service in the Annexation Area as it does within its current boundaries. Hence, the proposed North and West County Mosquito and Disease Control Assessment District would provide funding for services within the Annexation Area. The cost of these services also includes capital costs including equipment, capital improvements and facilities necessary and incidental to vector control programs. The following is an outline of the primary services that are provided within the current boundaries and would be provided in the Annexation Area and to the District within this area, accordingly: • Mosquito control • Surveillance for vector-borne diseases • Door-to-door mosquito inspections • Response to service requests within 24 hours • Control of ground-nesting yellow jackets • Mosquitofish for backyard fish ponds • Presentations to schools and civic groups • Identifications of ticks and insects Proposition 218 requires that public agencies are assessed on parcels that receive benefit, as follows: Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Assessments are calculated based upon the use of the properties. Most District parcels are assessed at the institutional rate of 1 Benefit Unit(Single Family Equivalent or SFE)per parcel_ The proposed SFE rate for this assessment is $15.00 per year. This rate cannot increase without another balloting of the property owners within the Annexation Area, but does have an annual CPI adjustment not to exceed 3%. The proposed annexation includes 271 District parcels. Extremely small parcels were "combined" with other small parcels to refine the assessment. The proposed assessment on District properties within the Annexation Area is $2,235 per year. There are also four(4)jointly owned properties with a proposed assessment of$67.50 per year. R-03-121 Page 3 The District's General Manager currently holds the mailed ballots for the proposed assessment. The ballots are due by December 17, 2003. Staff recommends that the Board adopt the attached Resolution to support the proposed assessment and direct the mail ballots to be returned with a"Yes" vote. Prepared by: Lisa Zadek, Assistant District Clerk L. Craig Britton, General Manager Contact person: L. Craig Britton, General Manager II RESOLUTION No. 03- RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING THE PROPOSED NORTH AND WEST COUNTY MOSQUITO AND DISEASE CONTROL ASSESSMENT DISTRICT AND DIRECTING THE RETURN OF THE MAIL BALLOTS WITH A "YES" VOTE WHEREAS, the San Mateo County Mosquito Abatement District currently protects the public health and welfare by controlling mosquitoes and other disease carrying insects and rodents, and regularly testing for and responding to diseases carried by insects and rodents such as Encephalitis, Hantavirus, Dog Heartworm, West Nile Virus, Plague and Lyme disease; and WHEREAS, the San Mateo County Mosquito Abatement District currently does not provide its mosquito and disease control services in the North and West County; and WHEREAS, the San Mateo County Mosquito Abatement District is proposing to expand its mosquito and disease control services to include the North and West County; and WHEREAS, as codified in the health and Safety Code Section 2001 et seq.: (a) The Legislature finds and declares all of the following: (1) California's climate and topography support a wide diversity of biological organisms. (2) Most of these organisms are beneficial, but some are vectors of human disease pathogens or directly cause other human diseases such as hypersensitivity, envenornization, and secondary infections. (3) Some of these diseases, such as mosquitobome viral encephalitis, can be fatal, especially in children and older individuals. (4) California's connections to the wider national and international economies increase the transport of vectors and pathogens. (5) Invasions of the United States by vectors such as the Asian tiger mosquito and by pathogens such as the West Nile virus underscore the vulnerability of humans to uncontrolled vectors and pathogens. (b) The Legislature further finds and declares: (1) Individual protection against the vectorbome diseases is only partially effective. (2) Adequate protection of human health against vectorborne diseases is best achieved by organized public programs. (3) The protection of Californians and their communities against the discomforts and economic effects of vectorbome diseases is an essential public service that is vital to public health, safety, and welfare. (4) Since 1915, mosquito abatement and vector control districts have protected Californians and their communities against the threats of vectorborne diseases. (c) In enacting this chapter, it is the intent of the Legislature to create and continue a broad statutory authority for a class of special districts with the power to conduct effective programs for the surveillance, prevention, abatement, and control of mosquitoes and other vectors. (d) It is also the intent of the Legislature that mosquito abatement and vector control districts cooperate with other public agencies to protect the public health, safety, and welfare. Further, the Legislature encourages local communities and local officials to adapt the powers and procedures provided by this chapter to meet the diversity of their own local circumstances and responsibilities. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Midpeninsula Regional Open Space District that the Board supports the creation of the North and West County Mosquito and Disease Control Assessment District, and that the Board hereby directs the General Manager the return of the North and West County Mosquito and Disease Control Assessment District mail ballots with a"Yes" vote. Regional Open S .-4-e R-03-120 Meeting 03-27 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 10, 2003 (.E9-EBRA-[I' G 30 YEARS 01� OPEN SPA(-E t7RESERVA-1-ION AGENDA ITEM 2 AGENDA ITEM Acceptance of a Gift of an Open Space and Conservation Easement over Santa Clara County Assessor's Parcel Number 537-24-028 (Smits Property),Near the Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS l. 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 acceptance of the Open Space and Conservation Easement over the Smits property, as an addition to the Kennedy-Limekiln area of the Sierra Azul Open Space Preserve. DESCRIPTION (see attached map) The District,jointly with the Town of Los Gatos, is being offered a gift of an 11-acre Open Space and Conservation Easement in the Kennedy-Limekiln area of Sierra Azul Open Space Preserve. Situated between the Sierra Azul Open Space Preserve and the large open space parcels above Shannon Road, the property provides an excellent habitat and wildlife corridor between the Preserve and privately held properties. The topography of the property is generally sloping uphill from Shannon Road to its highest point, which is visible from the Kennedy Trail on the Preserve. Stands of large mature oak, a brush-filled valley, and seasonal creeks provide added wildlife protection and habitat. The open ridge tops provide scenic views of the open grasslands north of Shannon Road and the wooded hillside backdrop of the Kennedy-Limekiln area of Sierra Azul Open Space Preserve. This easement is important in terms of protecting a valuable wildlife corridor and habitat, and ridgetop views north of the Preserve. Surrounding the Smits property are large-lot residential properties. To the north, across Shannon Road, and to the east and west are large acreage lots. The short distance between the Smits property and the Preserve is moderately developed with a few mid-sized residences. Access to the property is off Shannon Road via a trail that begins on a separate residentially improved parcel owned by the Smits. A narrow trail winds through the property providing access throughout, yet leaving little impact on the property. District access will be only for easement monitoring inspections, the property is closed to public access. The property is part of a wildlife corridor between the Sierra Azul Open Space Preserve and the large privately held open space areas north of Shannon Road. The property is bounded on the 330 Distel Circle 650-6gs-i2oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gr-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton R-03-120 Page 2 north by a seasonal creek running parallel to Shannon Road. This area of the property has a north-facing slope that is heavily forested with oaks. Another seasonal creek runs through the mid-section of the property where there is an old apricot orchard that also runs onto the adjacent property to the east. The upper(southernmost)reaches of the property have interspersed areas with brush, various species of oaks (blue, black and valley oak), and small areas of open grassland. Deer, wild turkeys and bobcat are often seen roaming throughout the property. The Sierra Azul Open Space Preserve is easily viewed from the southern boundary of the Smits property. The property is important to preserve the integrity of the area's value as wildlife habitat and corridor, and to protect the scenic viewshed looking north from the Kennedy Trail area of Sierra Azul Open Space Preserve, and the wooded hillside viewed from Shannon Road. In addition to the old apricot orchard, the property includes other"human-made" improvements p p p Y p such as gardening water lines for redwood trees and a few citrus trees. The citrus trees are enclosed in a light-duty fence to protect them from the deer. There are no structures on the property. USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and zoned A20s (Agricultural Preservation), requiring a 20 to 160 acre minimum lot size, dependent upon average steepness of slope. The property also falls within the Town of Los Gatos' Sphere of Influence. The property is not approved for a separate residential site. The County of Santa Clara General Plan indicates a trail and scenic route along Shannon Road. Use and Management Recommendations The easement will be held jointly by the Town of Los Gatos, and was approved by the Town Council on December 1, 2003. The District will be responsible for monitoring the easement, and the Town will take responsibility for enforcement of the easement in the event of violations. The conservation easement restricts any additional uses on the property. The property will be maintained in a natural condition with no changes in land use. No roads, structures or additional improvements can be constructed on the property. An Easement Baseline Documentation Report has been prepared for comparing any future activity on the property. Monitoring: Annual monitoring inspection and report to be performed by the District, most probably by District volunteers. Public Access: Closed to the public (no access possible). Dedication: Indicate your intention to withhold dedicating the property as public open space easement at this time. Name: Name the easement as an addition to the Kennedy-Limekiln area of the Sierra Azul Open Space Preserve. R-03-120 Page 3 CEQA COMPLIANCE Project Description The project consists of the acquisition of a joint easement interest with the Town of Los Gatos in an 11-acre parcel of land and the concurrent adoption of a Preliminary Use and Management Plan p P n' g for the easement. 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, Section 15317 and 15325 as follows: Section 15317 exempts the acceptance of easements in order to maintain the open space character of an area. This acquisition will transfer an easement interest in the property to the District and ensure that the open space character of the property will be preserved. Section 15325 exempts transfers of ownership of interests in land in order to preserve existing natural conditions. This acquisition will transfer an easement interest in the property to the District and ensure that it will preserve existing natural conditions, including animal habitat. The actions proposed in the Preliminary Use and Management Plan are also exempt under Article 5, Section 15061(b)(3), as there is no possibility the actions will have a significant effect on the environment. TERMS & CONDITIONS The easement interest is being granted to the District and Town of Los Gatos at no cost. The conservation easement will remain on the property in the event of property ownership transfer. The easement will become effective upon full execution and recording of the easement document. PUBLIC NOTIFICATION Other property owners in the area have been mailed written notices of this proposed acquisition. Prepared by: Thomas W. Fischer, Land Protection Specialist Exhibit Prepared by: Ruthie-Harari-Kremer, Open Space Planning Technician Contact Person: Same as above Smits Conservation Easement - Regional Map 1 E a c� a Shannon SMITS CONSERVATION Rosa a 1 A n EASEMENT C� / (11.05 Acres) Amedch Road �. . F arALMADEN 0 edY�Ji� QUICKSILVER., ��?, COUNTY PARK SIERRA`AZUL� OPEN SPACE PRESERVE j 1 SIERRA AZUL i) i Kennedy.Limeklin'Area y_ � f i ,• { OPEN SPACE PRESERVE r Rancho de Guadeloupe Are j iii Miles 10(03 -ROJECT IERRA AZUI-S CONSERVATION EASEMEN-TS CONSERVATION EASEMENT MXD RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF THE GRANT OF EASEMENT, AUTHORIZING OFFICER OR GENERAL S MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA. AZUL OPEN SPACE PRESERVE- LANDS OF SMITS) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the Grant Deed of Open Space and Conservation Easement between Gerard Dirk Smits and Josine Maartje Eikelenboom Smits, Trustee of the Smits Living Trust, dated 10-19-98 and the Midpeninsula Regional Open Space District and the Town of Los Gatos, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the deed on behalf of the District. Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance for the Grant Deed of Open Space and Conservation Easement on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the grantor. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Grant Deed and documents which do not involve any material change to any term of the Grant Deed or documents, which are necessary or appropriate to the closing or implementation of this transaction. WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager GRANT DEED OF OPEN SPACE AND CONSERVATION EASEMENT WHEREAS, GERARD DIRK SMITS and JOSINE MAARTJE EIKELENBOOM SMITS, TRUSTEE OF THE SMITS LIVING TRUST, dated 10-19-98, hereinafter called "Grantor", is the owner of certain real property located within the County of Santa Clara, State of California, and consisting of a portion of a parcel known as Assessor's Parcel Number 537-24-028. The legal description of the real property is attached hereto, marked "Exhibit A", incorporated by this reference (hereafter "Real Property"). WHEREAS, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter called "District", was formed by voter initiative to solicit, receive, and hold conveyances of real property and interests therein by purchase, exchange, gift, or bargain purchase for public park, recreation scenic an d rP ace open s purposes; and P p p WHEREAS, Grantor desires to convey a certain easement (the "Open Space and Conservation Easement") to the District and the Town of Los Gatos, a municipal corporation ("Town"), for the purposes specified in California Civil Code Section 815.1 over the Real Property as shown on the Parcel Page 1 Map Exhibit B (the "Easement Property"). In the event of any discrepancy between the legal description and the Parcel Map, the legal description, Exhibit A, controls. District and Town are hereafter jointly referred to as the "Grantee"; and WHEREAS, Grantor desires to deed to Grantee an open space and conservation easement over the entire Real Property consisting of approximately 11-acres, more particularly described in the legal description set out in Exhibit A, and in the map marked "Exhibit B" incorporated herein by this reference, and is hereinafter referred to as the "Easement Property"; and WHEREAS, Grantee desires to obtain an open space and conservation easement over the Easement Property which would preserve and protect in perpetuity the natural, scenic and open space values of the Property, subject to the restrictions contained herein. NOW, THEREFORE, in consideration of the above recitals, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of California and in particular, inter alia, Sections 815 through 816 of the California Civil Code, Grantor hereby grants to Grantee an Open Space and Conservation Easement (hereinafter "the Easement") in perpetuity over the Easement Property as shown in Exhibit B, subject to the following terms and conditions. r 1. Purpose. The purpose of this Easement is to assure that the Property will be retained in perpetuity in its natural scenic and open space condition and to prevent any use of the Property that will significantly impair or interfere with its open space values. Accordingly, this Easement restricts the use of the Property to activities involving enjoyment of views, open space, natural habitat and environmental protection, and related uses which are consistent with this Easement. Page 2 2. Rights of Grantee. To accomplish the purposes of this Easement, Grantor conveys to Grantee the following rights: A. Open Space Easement (i) To preserve and protect the open space values of the Easement Property. (ii) To enter upon the Easement Property at reasonable times, four times per year, in order to monitor Grantor's compliance with the terms of this Easement and to enforce such terms; provided, that such entry shall be upon reasonable prior notice to Grantor or its successors in interest of the Easement Property. (iii) To enter upon the Easement Property at any time for reasonable cause in order to monitor potential violation of compliance with the terms of this Easement and to enforce such terms. (iv) Pursuant to paragraph 6 hereof("Disputes and Remedies"), to prevent any activity on or use of the Easement Property which is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Property that may be damaged by any inconsistent activity or use. (v) To prepare baseline data. In order to establish the present condition of the open space values, Grantee has examined the Easement Property and I Page 3 prepared a report (the "Baseline Documentation Report") containing an inventory of the Easement Property's relevant features and conditions, its improvements and its natural resources (the "Baseline Data"). A copy of the Baseline Documentation Report has been provided to Grantor, and another shall be placed and remain on file with Grantee. The Baseline Documentation Report has been signed by the Grantor and Grantee, and thus acknowledged accurately to represent the condition of the Easement Property at the date of the conveyance of this Easement. The parties intend that the Baseline Data shall be used by Grantee to monitor Grantor's future uses of the Easement Property, condition thereof, and practices thereon. The parties further agree that, in the event of a controversy arises with respect to the condition of the Easement Property or a particular resource thereof, the parties shall not be foreclosed from utilizing any other relevant document, survey, or report to assist in the resolution of the controversy. 3. Prohibited Uses. Any activity on or use of the Easement Property which is inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Subdivision. The legal or defacto subdivision of the Easement Property for any purposes. (Lot line adjustments in excess of one hundred square feet are subject to the prior written approval of Grantee.) Any land transferred by lot line adjustment shall remain subject to the terms of this Easement, and shall not carry with it any rights to development density. Page 4 The term subdivision shall include, but not be limited to, the creation of a life or future estate in a portion of the Easement Property, the conveyance of a portion of the Property, or any subdivision as defined by the Subdivision Map Act, California Government Code Section 66000 et seq. (b) Transfer of Density Rights. Development Density Rights, Density Units or additional parcels or lots within the Easement Property are not transferable into or out of, or in any way usable within or outside of, the Easement Property. (c) Commercial or Industrial Use. Any commercial or industrial development, use of, or activity on the Easement Property, including commercial agriculture, is expressly prohibited. (d) Building. The placement or construction of any buildings, structures or other improvements of any kind on the Easement Property (including without limitation, fences, roads, signs and parking lots) is prohibited. (e) Soil Erosion or Degradation. Any use or activity which causes, or is likely to cause, significant soil degradation or erosion or significant pollution of any surface or subsurface waters is prohibited. This prohibition shall not apply to the use of agrochernicals, such as fertilizers, pesticides, herbicides, and fungicides which are used in accordance with law and USDA, manufacturer's, and the County Agricultural Commissioner's regulations, directions, and policies, or those of their successors. Page 5 (f) Tree Cutting. The cutting down, or other removal of live trees is prohibited, except when required for safety or fire protection and subject to the prior written approval of the District, which approval shall not be unreasonably withheld. (g) Dumping. The dumping or other disposal of wastes, refuse, or debris on the Easement Property is prohibited. (h) New Utilities. The installation of new utility systems or extensions of existing utility systems, including, without limitation, water, sewer, power, fuel, and communication lines and related facilities is prohibited. (i) Mineral Rights. The exploration for, or development and extraction of, minerals and hydrocarbons by any mining method is prohibited. (j) Grazing. The grazing of livestock is prohibited. (k) Off Road Vehicles. Use of off-road or all-terrain vehicles or motorcycles is prohibited. (1) Hunting or Shooting. Hunting or trapping of wildlife, and the shooting of guns is prohibited. (m) Noise Limits. No activities such as concerts shall be permitted on the Easement Property which produce noise levels in excess of 65 decibels as measured from Shannon Road. Page 6 Agricultural and landscaping equipment such as tractors, chainsaws, and leaf blowers are specifically excluded from this provision. (n) Junk Yards. Storage or disassembly of inoperable automobiles and trucks for purposes of sale or rental of space for that purpose is expressly prohibited. (o) Excavation. Alteration of land forms by grading or excavation of topsoil, earth, or rock is prohibited. (p) Scenic and Natural Character. Activities such as clearing, stripping of native vegetation (except poison oak), grading, or storage of materials that would clearly degrade the scenic and natural character of the Easement Property is prohibited. (q) Archeological Resources. The excavation, removal, destruction, or sale of any archeological artifacts or remains found on the Easement Property, except as part of an archeological investigation approved by Grantee, is prohibited. All excavation plans shall be reviewed by an archeologist prior to the start of, and during, the excavation. 4. Mineral Rights. Grantor hereby grants to Grantee all of Grantor's right, title, and interest in all mineral rights belonging to the Easement Property. Grantee covenants that it will not use such mineral rights in any way that would adversely affect the ecological, conservation, or scenic uses of the Easement Property. Page 7 5. Conveyance of Density and Development Rights. Any present or future development rights or density credits associated with the Easement Property are hereby conveyed by Grantor to Grantee and shall not be applied to or utilized by Grantee for development on the Easement Property or any adjacent lands of Grantor. No density credits shall be transferred by Grantor from the Easement Property to any other property. Any and all other development rights associated with the Easement Property are hereby conveyed by Grantor to Grantee. 6. Permitted Uses. The Grantor may use the Easement Property for any purpose not prohibited by paragraph 3 and which is consistent with the purpose of this Easement. The following uses and practices, though not an exhaustive recital of consistent uses, are consistent with the purpose and intent of this Easement and are not precluded by it: (a) To take reasonable measures necessary and appropriate for fire safety as approved by the County of Santa Clara Fire Marshal; and to remove trees and brush for management and safety purposes. (b) To remove exotic non-native invasive vegetation and restore the area with native vegetation. (c) To remove poison oak. (d) To plant native vegetation and install a protective tube or cage around such plants. Any protective tube or cage shall be removed before the plant outgrows the tube or cage. Page 8 7. Disputes and Remedies. If Grantee determines that Grantor, or Grantor's successors in interest, or any occupant of the Easement Property, is conducting or allowing a use, activity, or condition on the Easement Property which is prohibited by the terms of this Easement, or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and request corrective action sufficient to cure the violation, and, where the violation involves injury to the Easement Property resulting from any use or activity inconsistent with the purposes of this Easement, to restore the portion of the Easement Property so injured. (a) Consultations Regarding Interpretation and Enforcement of Easement. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Easement, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resorting to legal action. (b) Notice of Violation; Corrective Action. If Grantee determines that a violation of the terms of this Easement has occurred or is threatened, Grantee shall give written notice to Grantor of such violation and request corrective action sufficient to cure the violation and, where the violation involves injury to the Easement Property resulting from any use or activity inconsistent with the purpose of this Easement, to request restoration of the portion of the Easement Property so injured to its prior condition. Such written notice is not required in the Easement event of any actual or imminent physical harm to the E ase Property. (c) Injunctive Relief. If Grantor fails to cure the violation within thirty (30) days after Page 9 receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction which seeks to enforce the terms of this Easement, to enjoin the violation, by temporary or permanent injunction, and seeks to require the restoration of the Easement Property to the condition that existed prior to any such injury. (d) Damages. Grantee shall be entitled to recover damages for violation of the terms of this Easement or injury to this Easement or the interests protected by this Easement, as provided by Government Code Section 815.7. (e) Forbearance. Enforcement of the terms of this Easement shall be at the discretion of the Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or i omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. (f) Acts Beyond the Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Easement Property resulting from causes not involving any affirmative acts by Grantor, or Page 10 causes beyond Grantor's control, including without limitation, trespassers, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Property resulting from such causes. (g) Attorneys' Fees. If any party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any violation, breach, 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 in such action or proceeding reasonable expenses and attorneys' fees in the amount determined by the Court. 8. Access. No right of access by the general public or to any third parties to any portion of the Easement Property is conveyed or granted by this Easement, except as defined in paragraph 2 hereof. 9. Indemnity and Legal Responsibility. Grantor shall have the sole responsibility for the ownership, liability, operation, upkeep, and maintenance of the Easement Property. Grantor shall be responsible for, indemnify, and save harmless Grantee, its officers, agents, and employees from any and all liabilities, claims, demands, costs or damages, for injury to persons or property resulting from, growing out of, or in any way connected with or incident to this Easement, except for the sole and active negligence of Grantee, its officers, agents, or employees. The duty of Grantor to indem nify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Y Y Grantor waives any and all rights to any type of express or implied indemnity or right of contribution from Grantee, its officers, agents or employees, from any liability resulting from, growing out of, or Page 11 in any way connected with or incident to this Easement. 10. Subsequent Conveyance of the Easement Property. Grantor shall incorporate by reference hereto the terms of this Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Easement Property, including, without limitation, a leasehold interest. Grantor shall give written notice to Grantee of the transfer of any interest in the Easement Property at least 30 days prior to the date of such transfer. Grantor shall provide a complete copy of this Easement to its transferee prior to any such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 11. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: GERARD DIRK SMITS and JOSINE MAARTJE EIKELENBOOM III II SMITS, Trustees of the SMITS LIVING TRUST Dated 10-19-98 15280 Shannon Road Los Gatos CA 95032 Ph: (408) 356-3640 To Grantee: Midpeninsula Regional Open Space District 330 Distel Circle Page 12 Los Altos, CA 94022 Attn: General Manager (650) 691-1200 (650) 691-0485 (fax) and The Town of Los Gatos Attn: Town Manager 110 East Main Street Los Gatos, CA 95031 (408) 354-6874 or to such other address as either party from time to time shall designate by written notice to the other. All notices shall be deemed received within five (5) days of the date of said notice. 12. Recordation. This instrument shall be recorded by Grantee in the Official Records of the County of Santa Clara, California. Grantee may re-record this Easement whenever re-recording is required to preserve Grantee's rights in this Easement. 13. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California. Page 13 (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of Grantee to effect the purpose of this Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. This instrument shall be construed in accordance with its fair meaning, and it shall not be construed against either party on the basis that such party prepared this instrument. (c) Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby, so long as the purposes of this Easement can still be carried out. (d) No Third Party Rights. This instrument is made and entered into for the sole benefit and protection of Grantor and Grantee and their respective heirs, grantees, successors, and assigns. No person or entity other than the parties hereto and their respective heirs, grantees, successors, and assigns shall have any right of action under this Easement or any right to enforce the terms and provisions hereof. (e) No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of Grantor's fee title in any respect. Grantor specifically reserves the right to convey fee title to the Easement Property subject to this Easement, subject to the requirements Page 14 of paragraph 10 herein. (f) Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, grantees, successors, and assigns, and shall continue as a servitude running in perpetuity with the Easement Property. (g) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (h) Counterparts. Grantor may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (i) Consent not to be Unreasonably Withheld. In the event Grantor, as required by the terms hereof, seeks consent of Grantee, Grantee agrees in all such circumstances not to unreasonably withhold its consent, regardless whether the paragraph hereunder requiring grantee's consent so provides. 0) Subordination. If Grantor encumbers the Real Property or any portion thereof prior to conveyance of this Easement to Grantee, Grantor shall deliver an executed consent of lienholder in which any lienhoider or mortgagor agrees to subordinate its rights in the Real Page 15 Property or any portions thereof to prevent any modification or extinguishment of the Easement by the exercise of any rights by any mortgage holder or lienholder. Grantor shall also obtain any consent, release or reconveyance of deed of trust required from any mortgagor or lienholder so that the Easement is conveyed to Grantee free and clear of any such liens and encumbrances. TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever IN WITNESS WHEREOF, Grantor has set its hand on the day and year first written above. Page 16 GRANTOR: GERARD DIRK SMITS and JOSINE MAARTJE EIKELENBOOM SMITS, Trustees of the SMITS LIVING TRUST Dated 10-19-98 Page 17 GRANTEE: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Approved as to Form: J By: Susan Schectman, General Counsel Recommended for Approval: By: v L. Craig Britton, General Manager Approved and Accepted: By: President, Board of Directors Attest: By: District Clerk Date: THE TOWN OF LOS GATOS Approved as to Form: Orry P. Korb, Town Attorney By: Mayor Attest: Town Clerk Page 18 CALIFORNIA ALL-PURPtr_: ACKNOWLEDGMENT .w State of Y1 CA County of (Sayl c� (-- C.ra On "`-, -A, '7�00 3 before me, alZ-a nnc Dav i� , nric rV J)ui, iC 'Date Name and Title of Officer(e.g.,"Ja a f)oe Notary Pu"u personally appeared _ (�G�i'C �1rrrl' s t�- -� C�►rl, 0 . E;I k- Name(s)of Signer(s) i❑ —IDR--,krproved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ief/their authorized capacity(ies), and that by hts#tw/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUZANNE DAMS r� Commission#1242539 Z WITNESS my hand and official seal. Notary Pt,lbl'iC-CuGforrta Santa Clara Collnty 7 = 0 OM-3 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document G - Title or Type of Document: rant pej(J Ci� (L116 Document Date: � � -ve ,. ��ry .r 7 - Number of Pages: Signer(s) Other Than Named Above: 1CFA.0 1 Capacity(ies) Claimed by Signer(s) � Signer's Name: G-Era. Llf*_ `,c ►1t Signer's Name: JCSirlC jl'1 1 k-e:leilkx)--m1 ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ,fib Trustee J-' Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 i All that real property situate in the County of Santa Clara, State of California, being described as follows: BEGINNING at the Southwest corner of the Lands of Murphy as Described in that certain Deed recorded December 30, 1993, In Book H299 of Official Records, Page 569, Santa Clara County Records; thence along the Westerly line of said Lands of Murphy, North 00° 12' 20" East, 1261.26 Feet; thence North 66° 00' West, 44.61 feet, thence North 05° 28' East, 12.05 feet to the southerly line of Shannon Road (60 feet wide) as shown on that certain Record of Survey, Recorded July 13, 1978 in Book 422 of Maps at Pages 39 through 46, Santa Clara County Records-, thence along said southerly line, Easterly along a curve to the right, from a point with a radial bearing of North 15°40' 16" East, through a central angle of 08°43'16", with a radius of 470.00 Feet, an arc length of 7l.54 feet, and South 65° 36' 28" East, 240.70 feet to a line parallel with and 60.00 feet southwesterly of the northwesterly line of that certain 1.248 Acre Parcel shown upon that certain Record of Survey recorded May 22, 1962 in Book 147 of Maps at Page 20, Santa Clara County Records, said northwesterly line being shown as "North 440 03' 20" West 199.73 feet" on said Record of Survey; thence along said parallel linesouth 44°03' 20" East 235.81 feet-, thence leaving said parallel line, South 00° 12' 20" West, 1000 feet to the southerly line of Said Lands of Murphy-, thence along said southerly line North 890 43'50" West, 411.67 feet to the said point of beginning, and containing 11.05 acres of land more or less. TOGETHER WITH: An Easement (20 Feet in Width) for the purposes of Ingress and Egress, the centerline of said easement being described as follows: BEGINNING at the southwest corner of the Lands of Murphy as described in that certain Deed Recorded December 30, 1993 ,In Book H299 of Official Records, Page 569, Santa Clara County Records; thence along the southerly line of said lands of Murphy, South 89°43'50" East, 411.67 feet; thence along said parallel line No-,h 000 12, 20" West, 915 feet; to the TRUE POINT OF BEGINNING of this description; said point being in the centerline of an existing dirt road; thence along said centerline the following seven courses and distances: North 68°46'22" East, 28.17 feet, North 67'26'11" East, 28.09 feet, North 39°44' 35"East, 105.11 feet, North 42°38'10' West, 130.06 feet; thence North 49°43'55" West, 70.23 fees North 4$°37'44" West, 43.37 feet; and Ili North 24°33'23" West, 55.51 feet to the southerly line of Shannon Road (60 Feet Wide) as shown on that certain Record of Survey, recorded July_13, 1978 in Book 422 of Maps at Pages 39 - t7 throu h 46,-said point-being The tesu,inus of said easement. EXHIBIT . ,.,_,_... f \ OFFICE D F COUNTY A S S E S S O R S A N 7 A C L A R A C O U N T Y. C A L I F O R N I A _ 537 24 q c y Nk0��. 23 PM.362-M-40 PCL- 4 �\ \�` 39_sf6 r. 15.05 AC NET \ y '• 93t 1' = 200' 3/8AC. $Zoo esi Is zrs r I PIL.] T �IO• H.v.r ncREx p I I I 3.74 AC.NET /y� % P►1e1+ oj���� silo ZZ S� o b' PCL 2 11.05 AC. ' 2.72 AC. \1.437AC.NE-r.- -', I w. s t ni PCL A ^ PCl B I PCL. 2 2.538 AC.NE'f 2.59 AC.NET 1467 �G/V m AC.NET jam= i I- �aees +e5.70 P P.,�/ f i 29 z gi � - -- o i PCL. i � P . 7.59 AC. / PCL.1 1SX99 rOP Of rNE H,([ Ro. 4 /�r ya° 3.97 AC. NET ';c s" w.B. WA ` \ 18.10 AC. . 4 8 .J Co L LA01128Kuwe of rue•ns •u.o r4zeszo.ze e GFK SEC ll tDe .ZO LAWRENCE E STONE- ASSESSOR P.M. 742—M-7 casmaa as oEreenmt P+veea enit 21 Campiad uda R.A T.Co*.Sec.327. AUG 0 5 2002 Cn.eu.e Ra wer 2on2-1ao3 EXHIBIT Regional Open Sp..ce R-03-124 Meeting 03-27 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 10, 2003 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION AGENDA ITEM 3 AGENDA ITEM Proposed Addition of Santa Clara County Assessors Parcel Number 537-09-003 (Whiteway Property) to the Mt. Umunhum Area of the Sierra Azul Open Space Prese vie GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Whiteway property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold dedication of the property as public open space at this time. DESCRIPTION (see attached map) The 41.53-acre Whiteway property is located east of Los Gatos near the intersection of Hicks and Wagner Roads, a short distance from entrance to the Rancho de Guadalupe area of the Sierra Azul Open Space Preserve. The property encompasses a portion of the headwaters of Pheasant Creek, making it a natural extension of the adjacent Sierra Azul Open Space Preserve. Above the creek, densely wooded slopes climb steeply up towards Kennedy Trail, extending along a ridgeline that connects to Mt. El Sombroso. The property is highly visible from Hicks Road, a county scenic road, and trails located on the surrounding open space preserve and nearby Almaden Quicksilver County Park. This acquisition is most important in terms of protecting a pristine riparian corridor, valuable wildlife habitat, and scenic resources. The rectangular Whiteway property is bounded by District land to the south and east, and by private property to the north and west. The property is accessed from Wagner Road, which is both a public and private road. The public and paved portion of the road ends approximately I/2 mile north of the property where an unsurfaced road continues along an easement to the former Messenburg property where it continues through the corner of the preserve to the property's western boundary. The road terminates on the Whiteway Property in the southeast corner. Rugged, steep hillsides, dense forest, and oak woodlands dominate most of the property. Large stands of bay laurel are situated along the creeks and lower hillsides transitioning to oak woodland on the upper slopes. Two large tributaries of Pheasant Creek converge near the southeast boundary where there is a large canopy of mature sycamores and bay laurel. The west branch of Pheasant Creek extends in the east-west direction and extends almost to Kennedy Trail. The creek's deep canyon and a prominent ridgeline on the north side of the creek comprise a large portion of the dramatic scenery viewed from the west side of the adjacent Rancho de Guadalupe property. 33o Distel Circle 650-69i-uoo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton R-03-124 Page 2 Although mostly undeveloped, the property does have minor improvements that include a road, graded building site, water barrels, tank and pipelines, an underground power line and an above ground switch box, and remnants of construction materials. The unsurfaced access road enters and terminates in the southeast corner of the property. Between the road and creek, the adjacent property owner to the north holds a water line easement and maintains a water system that is comprised of two small wooden barrels and plastic pipeline. At the end of the road, a small building site has been graded and a 5,000- gallon plastic water storage tank installed. A house trailer has been removed from this site by the owner, but an underground fiberglass septic tank and some building materials still remain. USE AND MANAGEMENT Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20- to 160-acre minimum lot size based upon a slope density formula. The property is comprised of one legal parcel and has a potential density of one residential site. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. Patrol: Routinely patrol the property. Signs: Install preserve boundary signs where appropriate. Name: Name the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are building materials that will be removed. There are no signs of hazardous materials. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 41.53-acre property as an addition to the Mt. Umunhum Area of the 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 g Y P P tY P Use and Management Plan for the Sierra Azul Open Space Preserve. The land will be permanently preserved as open space and maintained in a natural condition. R-03-124 Page 3 CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS &CONDITIONS The 41.53-acre Whiteway property is being acquired at a purchase price of$500,000 (approximately $12,039 per acre)on an all-cash basis at the close of escrow. The property consists of one residential building site in Santa Clara County with views overlooking Los Gatos and San Jose to the north. The purchase price is considered to be fair market value and reasonable within this market area. As part of this transaction,the District will assume responsibility for filling the septic tank and the clean up of a small amount of building materials from the building pad. These costs are estimated at approximately $3,500. The 5,000-gallon water tank may be reused by the District for Operations or property management purposes in the future. BUDGET CONSIDERATIONS 2003-2004 Budget for Land Acquisition New Land $15,000,000 New Land Purchased this year (3,765,000) Whiteway Acquisition proposed on this agenda (500,000) Acquisition Budget Remaining 10.735A00 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 Mt.Umunhum area of Sierra Azul Open Space Preserve for protection of wildlife habitat,watershed, and scenic backdrop. R-03-124 Page 4 PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Manager Exhibit Prepared by: Ruthie Harari-Kremer, Open Space Planning Technician Contact Person: Michael C. Williams, Real Property Manager Whiteway Property - Sierra Azul Open Space Preserve �l 1 ' J , \ rch Roa Arne d J N �s`�D'dd S -ti S \ \ i � v - _.._... P ant Roa WHITEWAY PROPERTY (Approx. 41.53 Acres) e�.._—_�'__ � l i t t I )ERRA AZUL OPEN SPACE PRESERVE E • f Miles 1, \ 0 0.1 0.2 0.4 G WROJEGTS-ERRA ANLIWHITEWAV-ERTV1W-AV RRORERTV M D RESOLUTION 03- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,AUTHORIZING OFFICER OR THE GENERAL MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(SIERRA AZUL OPEN SPACE PRESERVE -LANDS OF WHITEWAY) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Melinda M. Whiteway, Trustee FBO Melinda M. Whiteway Money Purchase Pension Plan, and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager 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, site clean-up costs 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$500,000.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be,reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. * * * * * * * * * * * * * * * * PURCHASE AGREEMENT This Agreement is made and entered into by and between MELINDA M. WHITEWAY, TRUSTEE FBO MELINDA M.WHITEWAY MONEY PURCHASE PENSION PLAN hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within 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 desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately forty one and fifty three hundredths (41.53) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 537-09-003. Said property is further described in the Legal Description attached to Preliminary Report number 56007-53172024 from North American Title Company. A copy of said Preliminary Report is attached hereto as Exhibit "A", and incorporated herein by this reference. Said property is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances shall hereinafter be called the "Subject Property" or the Property I Purchase Agreement Page 2 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Five hundred thousand and No/100 Dollars ($500,000.00), 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 56007-53172024) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before January 16, 2004, provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. B. 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 Deed, covering the Property as described in said Exhibit "A". D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Four hundred ninety-nine thousand and No/100s Dollars ($499,000.00) which is the balance of the Purchase Price of Five hundred 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. Seller shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses Purchase Agreement Page 3 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 Seiler, 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$500,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exceptions 3, 4, 6, 7 and 8 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 Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3.E.), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 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 i Purchase Agreement Page 4 provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. C. Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from 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, Seiler shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. Purchase Agreement Page 5 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, storage, treatment discharge, release burial or disposal on under or about the generation, s g , g , p , 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 Purchase Agreement Page 6 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. Indemnity. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly i representations contained herein or arising from arisingfrom an breach of the warranties or re rese o s Y P , g 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 Purchase Agreement Page 7 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, n final judgment r arbitration goes to final judgment. In the event of a settlement or a d proceeding o g � g � g 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 an documents which may allow Seller to accomplish a tax Y g Y Y Purchase Agreement Page 8 deferred exchange of property as permitted b law; provided, however that the District shall g P P Y F Y n take title to an third art property other than the Subject Property. An agreement on ott e y party p y � y the part of any party for any such amendment, extension or waiver must be in writing. E. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. F. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Melinda M. Whiteway, Trustee 2409 Pine Knoll Drive, No. 4 Walnut Creek, CA 94595 TEL: (925) 984-8833 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. Purchase Agreement Page 9 G. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. H. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. I. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. J. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. K. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. L. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. M. Assignment. Except as expressly Permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. N. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. I I Purchase Agreement Page 10 O. Binding on Successors and Assigns. This Agreement and all of it s and covenants are intended to be full effective and binding, to the extent terms, conditionsy g, 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 g g 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. g R. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. S. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by binding arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. including the right of discovery. Hearings shall be held in Santa Clara County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE (ARBITRATION OF DISPUTES) PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW,YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE (ARBITRATION OF DISPUTES) PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE Purchase Agreement Page 11 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. , DISTRICT INITIAL 11. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before November 14, 2003, District shall have until midnight December 10, 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. lIi ill lII 111 IlJ Purchase Agreement Page 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN �.,r G.� SPACE DISTRICT Melinda M. Whiteway, Trustee fbo:? Melinda M. Whiteway Money Purchase ACCEPTED FOR RECOMMENDATION Pension Plan Michael C. Williams, Real Property Manager Date: APPROVED AS TO FORM: Susan Schectman, District Counsel I — i —o Date: � RECOMMENDED FOR APPROVAL: L. CraigBritton;General Manager g Date: Al / j APPROVED AND ACCEPTED: President, Board of Directors Date: ATTEST: District Clerk Date: EMIBIT NORTH AMERICAN DIRECT ALL INQUIRIES TO: ATITLE Escrow Officer: Susan K. 'rrovato COMPANY Telephone No.: (408) 399-4100 Our No.: 56007-53172024-SKT Mid-Peninsula Open Space District Attn: Mike Williams 330 Distel Circle Los Altos CA 94022-1404 Property Address: 17292 Wagner Road Los Gatos, CA Amendment No. I 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 PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as cf September 23, 2003 Pam Th.ompson/asc/Jrn at 07:30 am Title Officer 497 N. Santa Cruz Avenue, Los Gatos, CA 95030 Phone No.: (408)399-4 100 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 as to Parcel One. An easement more fully described below as to Parcels Two and Three. Title to said estate or interest at the date hereof is vested in: Melinda M. Whiteway, Trustee fbo Melinda M Whiteway Money Purchase Pension Plan Page 2 Order No.: I--06C07-531'f7-'-"D24-SKT Description: The land referred to herein is situated in the State of California, County of Santa Clara, Unincorporated Area, and is described as follows: PARCEL ONE: LOT 11 OF SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST M.D-fvl., ACCORDING TO THE OFFICIAL PLANT OF THE SURVEY OF SAID LANDS, RETURNED TO THE GENERAL LAND OFFICE BY THE SURVEYOR GENERAL. PARCEL TWO: A STRIP OF LAND 40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS N. 0 DEG. 50' 30"W., 81.08 FEET FROM THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED IN THE DEED TO JOHN INGHAM, RECORDED NOVEMBER 5, 1884 IN BOOK 76 OF DEEDS, PAGE 119, SANTA CLARA COUNTY RECORDS, AND SHOWN AS PARCEL A OF LANDS OF ROY C. OLTMAN, JR., ET AL, ON RECORD OF SURVEY RECORDED ON NOVEMBER 20, 1963 IN BOOK 169 OF MAPS, AT PAGE 53, SANTA CLARA COUNTY RECORDS. THENCE FROM SAID POINT OF BEGINNING ALONG THE FOLLOWING COURSES AND DISTANCES: N. 78 DEG. 18'00"W, 60.78 FEET; THENCE S. 76 DEG. 51'50"W., 49.60 FEET; THENCE N. 85 DEG. 56' 10"W, 131.26 FEET; THENCE S. 57 DEG. 48- 10"W, 69.69 FEET; THENCE S. 47 DEG. 17, 55" E. 100.34 FEET; THENCE S. 15 DEG. 07'05" E. 181.95 FEET; THENCE S. 06 DEG. 51'35"W., 198.05 FEET; S. 39 DEG. 33'35"W., 145.03 FEET; THENCE S. 27 DEG. 15'25"W., 138.70 FEET; THENCE S. 47 DEG. 55'35"W., 114,03 FEET; THENCE S. 31 DEG 31' 15"W_ 88.57 FEET; THENCE S. 37 DEG, 53'40"W., 96.66 FEET, THENCE S. 14 DEG. 45'00"W,, 6313 FEET TO A POINT HEREINAFTER CALLED POINT"A". PARCEL B: BEGINNING AT THE AFOREMENTIONED POINT"A"ALONG THE FOLLOWING COURSES AND DISTANCES: N. 77 DEG. 09'50" E., 16.99 FEET; THENCE S. 12 DEG. 23'055"W., 130.43 FEET; THENCE S. 59 DEG. 16' 52" E., 80.26 FEET; THENCE S. 25 DEG. 35'04"W., 182.94 FEET; THENCE S.41 DEG. 59' 14"W., 80.72 FEET; THENCE S. 25 DEG. 49' 16"W., 68.88 FEET; THENCE S. 16 DEG. 13' 56"W., 82.28 FEET; THENCE S. 38 DEG. 32'28"W., 75.43 FEET; THENCE N. 63 DEG. 56,47"W., 50.09 FEET; THENCE N. 04 DEG. 36' 17" E., 97.79 FEET; THENCE N. 35 DEG. 14'40" E., 230.00 FEET; THENCE N. 16 DEG. 14'40" E., 118.00 FEET; THENCE N. 36 DEG. 34' 57"W., 98.40 FEET; THENCE N. 00 DEG. 08' 151' E., 66.00 FEET; THENCE N. 77 DEG, 09'50" E., 108.01 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN LOT 14, SECTION 25, TOWNSHIP 8 SOUTH, RANGE I WEST, M.D.M. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN LOT 10, SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.M. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING NORTHERLY OF THE NORTHERLY LINE OF THE AFOREMENTIONED LOT 10, Page 3 OrdarNo � 56007-53172024-SKT PARCEL THREE: A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS AND ALSO FOR THE INSTALLATION OF PUBLIC UTILITIES OVER AND ACROSS SO MUCH OF THE FOLLOWING DESCRIBED PROPERTY AS LIES WITHIN THE BOUNDS OF LOT 10, SECTION 25, TOWNSHIP 8 SOUTH RANGE I WEST M.D.B. & M, A STRIP OF LAND 40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS NORTH 0 DEG. 50'30"WEST 81,08 FEET FROM THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED IN THE DEED TO JOHN INGHAM, RECORDED NOVEMBER 5, 1884 IN BOOK 76 OF DEEDS, PAGE 119, SANTA CLARA COUNTY RECORDS AND AS SHOWN ON PARCEL A OF LANDS OF ROY C. OLTMAN JR., ET AL, ON RECORD OF SURVEY RECORDED ON NOVEMBER 20, 1963 IN BOOK 169 OF MAPS, AT PAGE 53, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING ALONG THE FOLLOWING COURSES AND DISTANCES WHICH ARE MARKED BY A 3/4" IRON PIPE; NORTH 78 DEG. 18'00"WEST 60.78 FEET, SOUTH 76 DEG, 51'50-WEST 49.60 FEET, NORTH 85 DEG. 56' 10- WEST 131.26 FEET, SOUTH 57 DEG. 48' 10"WEST 69.69 FEET, SOUTH 47 DEG. 17' 55" EAST 100.34 FEET, SOUTH 15 DEG. 07'05" EAST 181.95 FEET, SOUTH 06 DEG, 51' 35"WEST 198.05 FEET, SOUTH 39 DEG. 33'35"WEST 145.03 FEET, SOUTH 27 DEG. 15'25"WEST 138.70 FEET, SOUTH 47 DEG. 55' 35"WEST 114.03 FEET, SOUTH 31 DEG. 31' 15"WEST 88.57 FEET, SOUTH 37 DEG. 53'40"WEST 96.66 FEET, SOUTH 14 DEG. 45'00"WEST 63.13 FEET, SOUTH 77 DEG. 09, 50" WEST 108.01 FEET, SOUTH 0 DEG. 08' 15"WEST 40.47 FEET, SOUTH 59 DEG. 50,25., EAST 70.87 FEET, SOUTH 6 DEG. 45' 10" EAST 42.75 FEET, SOUTH 16 DEG. 14'40"WEST 145.59 FEET AND SOUTH 35 DEG. 14'40"WEST 230 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF LOT 14 OF SECTION 25 TOWNSHIP 8 SOUTH, RANGE 1 WEST M.D.B. & M.; EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE BOUNDS OF PARCEL ONE. APN: 537-09-003 Page 4 Order Nz).. 5600'f-'17',3172'024-SKT � At the date hereof exceptions to coverage in addition hmthe primtede�,.1ptions and exclusions � � contained imsaid policy form would be as follows: | General and Special Property Taxes, and any assessments collectedwith taxes, including utility � assessments, for the fiscal year 2003 ' 2OO4, � Total Amount: $3.720�04 � First Installment: $1/]6O,42 Not Yet Due urPayable Second Installment: $1.86D.42 Not Yet Due orPayable Land: $292.384.00 Code Area: 80-068 Parcel Number: 537-09-003 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75)of the Revenue and Taxation Code of the State of California. J. Any easement for water course over that portion of said land lying within the banks of Pheasant Creek 4. Such Rights and Easements for Navigation and Fishery which may exist over that portion of said land lying beneath the waters of Pheasant Creek. 5. Lack oy access to any public road. 6. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. |n Favor of: Heirs or Devisees of Walter Q. Andersen No representation ia made msto the present ownership mf ,said easement. � Purpose: Ingress and egress and public utilities Recorded: December 31. 187D Book: 9175 Page: 692 Affects: Aportiun as described therein 7. Am easement affecting the portion uf said land and for the purpose stated herein, and incidental purposes. � |n Favor of: Marietta Andersen Leach, eta/ No representation io made osto the present ownership of said easement. � Purpose: Ingress and egress and public utilities Recorded: December 31. 1Q7O Book: 9175 Page.- 696 Affects: Apodinn as described therein | � / Page CJrderKb_� 56007-5��172024'SKT � � 8. An easement affecting the portion of said land and for the purpose stated herain, and iimudental � purposes. |n Favor of: Bernadette Ulrich, en unmarried woman Norepnaaan1otionismade astn the present ownership of said easam/enL Purpose: Ingress and egress and also for the installation, maintenance and use ofa private water system and fora pipe line Recorded: June1G. 1993 Book: M833 Page: 1007 Affects: /\portion as described therein Purpose: Accomm, use and maintaining water filtration system and existing pathway Affects: A portion on described therein 9. The community interest of the spouse, if any, of Glenna VV. Heller. 10. Any invalidity or defect in the title of the vestees in the event such trust is invalid or fails to confer sufficient powers inthe trustees, orin the event there is a lack of compliance with the terms and provisions of the trust instrument. This company will require a Certification of Trust(pursuant to California Probate Code Section 18100.5)ho/n the current truoteo(s)stating said trust is in full force and effect and there have been no changes except oo set forth. 11. Any rights, interests or claims of parties in possession of the land not shown by the public records. 13, Any facts, hghtn, interests or claims which n correct survey would show. � � Page Order No.., 56007-,53172824-SKT � INFORMATIONAL NOTES. A. Tbere, arenocmmVeyenoesaffecdngmQkd |andrecondedw/iUlinbwmnn+/our (24) nlcmthsofdhedabacf this report. � B, This charge for a policy of title insurance, if issued through this title order, will be based on the basic insurance rate. C. Pursuant �eo��n 124131 of insurance code funds d��mah�d h7 �soro�nnu��b�held bv�� � � � following time periods before they can be disbursed: � � 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 ohaohs. tellers nhenks—noxt day available funds. � 1 All other checks must be held in accordance with regulation CC adopted by the Federal Raaonaa Board of Governors before they must be disbursed. 4, Drafts must be collected before they may bedisbursed. 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: � Cornerica Bonk North American Title Company � 75 E. Trimble Bank Account No.: 1891528554 � San Jose, CA 95131 Escrow No.: 56007-53172024-SKT Routing No.: 121137522 Branch/County No.: 560-07 Attn: Susan M.Trowato � � � � � Page Order No : 56O�7-53172024-cKT � � GOOD FUNDS LAW CALIFORNIA ASSE0BLY BILL 512 (`AB512") IS EFFECTIVE ON J*NUARY 1, 1990, UNDER A8512. NORTH � AMER|CAN TITLE COMPANY, INC. ("NORTH AME0CAN TITLE CONPANY. INC.') MAY ONLY MAKE FUNDS � AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCEWITH THE FOLLOWING RULES: SAME DAYAVA|LABUL|TY - DISBURSEMENT OWTHE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS � ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN � CASH ORBYELECTR0N|CTRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROkx � CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT. NEXT DAY AVAILABILITY ' |F FUNDS ARE DEPOSITED TO NORTHAKXER|CAN TITLE COMPANY, INC. BY CASHIER'S CHECKS, CERTIFIED CHECK8, OR TELLER'S CHECK8, 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&CHECK AGAINST 4 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 A8DVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A^HDLD^ON SOME CHECKS DF2-5 DAYS OR LONGER \N 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 588. STATUTES OF1S8A.) 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 DRAFTER JULY 1, 1905, THE COUNTY RECORDER'S OFFICE WILL CHARGE. IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $2O.0O 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 |S NOT A RESIDENT OFCALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TD REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. IRS FORM 1q99 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 |S REQUIRED BY SECTION O045OF THE INTERNAL REVENUE SERVICE. NOTICE OFA WITHHOLDING REQUIREMENT State Withholding & Reporting for closings after January 1. 2003: Under California Law (Rev & Tax Code 18662) u buyer may be required to withhold and deliver to the Franchise Tax Board (PTB) an amount equal to 3.33% of the sm|om price in the case of disposition of California,na/property interest("Real Property") by either: 1) a seller who isan individual ur when the disbursement instructions authorize the proceeds mmbe sent toa financial intermediary of seller, or 3) a corporate seller that has no permanent place of business in California. Buyer may 6m subject»m m penalty (equal to the greater of 10% of the amount required to be withheld or $500) for failing to withhold and transmit the funds mmFTBin the time required 6y law. Buyer/anot 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 ymUur is m 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: (|) the Real Prop" was the seller's principal residence (as defined in |RC 121); (ii) the Real Property is or will be exchanged for property of |ikekind <my defined in /RC 1431> � 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 tam purposes under |RC 1031; (Ili) the Real Property has been � compulsorily or involuntarily converted (am defined in |RC 1033) and the seller intends to acquire property similar � or related in service pruse astwbm eligible for nonrecognition of gain for California income tax purposes under � |RC 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 |mwvs' 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- � 49O0>,orbye~mai|otumvsCmftb.oa.Qovorv|sit their vvebs|teatvmaw.ftb.ca.gov. � Page Order No.: 55007-53172024-SKT min 00c - .i < 'E E` �L y Mifir + 8 � 6 L L .------- I 2 e < i �J pp e ti I *1 99:4 7a.O H w oir e W ( ZICIL O Qa I 1 I a I 'g I i I f9It I 9 � ------------------1 --------- � a ® i I ' Page 9 Order No.: 55007-53172024-SST Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-122 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Meeting 03-27 December 10, 2003 AGENDA ITEM 4 AGENDA ITEM Dedication Status of District Lands GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution dedicating interests in certain District lands for public open space purposes. INTRODUCTION In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see Report R-86-03), an annual report indicating the status of District lands as dedicated or undedicated is to be presented to you in December of each year. According to this policy: "Normally, undedicated lands within the District's boundaries will be held for future dedication to park or open space, or both purposes, but only after the necessary planning, boundary adjustments, provision for permanent access and other changes in configuration, which may involve the disposal or exchange of interests in all or portions of such lands, have been completed." Formal dedications are usually made in December on the basis of the annual report. During the year, part of the use and management planning decisions the Board makes for specific parcels and preserves is whether to indicate by motion an intention to dedicate certain interests in land, such as fee title or open space or trail easements. Note that although a motion of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a new acquisition is approved, this does not mean that the parcel would necessarily be dedicated the following December. That is because it is usually prudent to wait until the Comprehensive, or at least Interim, Use and Management Plan for the entire preserve is adopted or reviewed. Since it might benefit the program of the District at some future time to apply development density credits from dedicated District land to other lands, dedication of these credits is not normally included at the time of the annual dedications. The idea behind withholding potential density credits from dedication, while dedicating the land itself for public open space purposes, is that these credits may represent an asset of the District which may be of substantial value in the future. The credits might be used for transfer to private property, potentially increasing the allowed development density on that property. This might be done in connection with a joint development application with the private party. In exchange, some of that property might be permanently preserved or the District might receive a cash payment which could be used for purchase of open space land in another location. Joint development plans and transfer of development rights are, of course, subject to approval of the city or county in which the land lies. 33o Distel Circle 650-691-uoo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton R-03-122 Page 2 A further rationale is that the District, in asserting its potential right to use these credits, may be able to counter proposals to increase allowed development densities that are based on the argument that the potential development, which the District is precluding by buying open space, can be put somewhere else in the hillsides. Since the District has, in effect, paid for this density, it can be argued that the District, if anyone, should benefit. Status Summary: Table 1 gives a summary of the dedication status of District preserves and preserve subareas. Only those parcels for which transactions have closed and title has passed to the District on or before December 10, 2003 are included. The interest in land that the District holds, i.e., fee title, easement, or other(lease, management agreement, etc.), is listed for each category. Rights of first refusal and/or reversions to the District are not included. The District holds an interest in 48,899 acres of land; 44,065 acres in fee, and 4,834 acres in lesser interests. The District added 1,832 acres in fee since December 11, 2002, and 35 acres of lesser interests, for a total of 1,867-acres. RECOMMENDED DEDICATIONS Long Ridge Open Space Preserve The former 40-acre Landre property and 34.42 Peninsula Open Space Trust Property were acquired in 1991 and are located in the western portion of the Long Ridge Open Space Preserve. Situated on both sides of Slate Creek, they provide valuable protection to this pristine watershed, as well as opportunities for regional trail connections. The Landre property has been withheld from dedication while staff investigated the possibility of transferring a long-term interest in the residential portion of the site but, due to the remote location of the residence and access problems, staff has determined this to be undesirable. The road that provides access to the residence is difficult to maintain on a year-round basis and is the planned route for a public trail. Since the District has acquired a number of other properties in Slate Creek area and hopes to someday establish a trail connecting to Portola Redwoods State Park, it is appropriate to dedicate these properties at this time. Skyline Ridge Open Space Preserve On January 10, 2003, the District acquired the remaining interest in the 751.93-acre big Dipper Ranch. The property is located in the southwest corner of the Skyline Ridge Open Space Preserve and connects the preserve to Portola Redwoods State Park. It also shares a common corner with Russian Ridge Open Space Preserve. The property is highly visible from surrounding open space lands and Alpine Road, a San Mateo County scenic road that borders the property to the west. The historic Page Mill Trail passes through the property from north to south providing future trail access from the preserve to Portola Redwoods State Park and Pescadero County Park. Since the District acquired the initial partial interest in the property in 1992, the Ranch has been viewed as a critically important addition to the mosaic of public open space and parklands. Properties within Sierra Azul Open Space Preserve were considered for possible dedication but recommendations are being deferred until the master planning process and resolution of issues R-03-122 Page 3 surrounding the mercury contamination of the Guadalupe River watershed are further along. The upper portion of Bear Creek Redwoods Open Space Preserve and the former Krone/Bishop property at El Sereno Open Space Preserve are also likely candidates for dedication in the near future when property boundary issues are resolved. SUMMARY Of the 48,899 acres preserved by the District, 1,957 acres are rights that cannot be dedicated such as leases and management agreements, leaving 46,942 acres of marketable interests in land. Of this amount, 30,769 acres (65.5%) are dedicated and 16,173 acres (34.5%) are undedicated. Upon adoption of the attached resolution dedicating approximately 826 additional acres as recommended in this report, 31,596 acres (67.3%) would be dedicated and 15,346 acres (32.7%) would be undedicated. Of the 15,346 acres of undedicated lands, 12,482 acres (81.3%) are contained in the Sierra AM Open Space Preserve. Prepared by: Del Woods, Senior Acquisition Planner Shannon Younkin, Acquisitions Administrative Assistant Contact person: Del Woods, Senior Acquisition Planner RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section 1. Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open space purposes (pursuant to Public Resources Code Section 5540) the interests in land held by the District shown herein, except for possible development rights which might be transferred to or for the benefit of other lands. INTERESTS IN LAND TO BE DEDICATED (EXCEPT FOR POTENTIAL DENSITY CREDITS) Preserve/Area Grantor Board Closing Acreage Property Approval Date Interest Date Lon Ridge Open Landre November 13, 1991 December 19, 1991 40.00 F Long Ridge Open POST November 13, 1991 December 19, 1991 34.42 F Skyline Ridge Big Dipper Ranch November 13, 2002 January 10, 2003 751.93 F TOTAL: 826.35 DEDICATION STATUS SUMMARY (UNROUNDED)^ File: Run Date: Dedication 2002.xis 25-Nov-03 Bear Creek 260.000 1,083.560 1,077.560 1,343.560 0,000 1.200 0.000 1.200 260.000 1,084.760 1,077.560 1,344.760 Briggs Creek 0.000 1.000 0.000 1.000 0.000 0.000 0.000 0.000 0.000 1.000 0.000 1.000 Coal Creek 492.940 0.000 0.000 492.940 0.000 0.000 0.000 0.000 492.940 0.000 0.000 492.940 Edgewood County 0.000 0.000 0.000 0.000 468.000 0.000 0.000 468.000 468.000 0.000 0.000 468.000 Park El Corte de Madera 2,817.560 3.800 0.000 2,821.360 0.000 0.000 0.000 0.000 2,817.560 3.800 0.000 2,821.360 Creek El Sereno 1,131.350 280.850 260.32 1,412.200 0.100 -0.500 0.000 -0.400 1,131.450 280.350 260.320 1,411.800 Foothills 211.280 0.000 0.000 211180 0.000 0.000 0.000 0.000 211.50 0.000 0.000 211.280 Fremont Older 735.091 0.000 0.000 735.091 0.000 4.000 0.000 4.000 735.091 4.000 0.000 739.O91 G.G.N.R.A. 0.000 0.000 0.000 0.000 0.000 1,227.260 0.000 1,227.260 0.000 1,227.260 0.000 1,227.' La Honda Creek 2,000.865 76.870 10.390 2,077.735 0.171 0.100 0.000 0.271 2,001.036 76.970 10.390 2,078.1. Long Ridge 1,804.255 114.210 34.420 1,918.465 13.150 53.380 0.000 66.530 1,817.405 167.590 34.420 1,984.995 Los Trancos 274.310 0.000 0.000 274.310 0.000 0.000 0.000 0.000 274.310 0.000 0.000 274.310 Mills Creek 284.000 0.000 0.000 284.000 0.000 0.000 0.000 0.000 284.000 0.000 0.000 284.000 Monte Bello "Monte Bello" 2,756.447 76.040 0.400 2,832.487 0.000 24.900 24.900 24.900 2,756.447 100.940 25.300 2,857.387 Monte Bello Picchetti Ranch 307.890 0.000 0.000 307.890 0.000 0.000 0.000 0.000 307.890 0.000 0.000 307.890 Monte Bello Palo Alto 0.000 0.000 0.000 0.000 0,000 85.370 0.000 85.370 0.000 85.370 0.000 85.370 Monte Bello (All) (3064.337) (76.040) (0.400) (3,140.377) (0.000) (110.270) (24.900) (110.270) (3064.337) (186.310) (25.300) (3,250.647) Moody Gulch 0.000 0.000 0.000 0,000 0.000 171.000 0.000 0.000 0.000 171,000 0.000 171.000 Pulgas Ridge 365.660 0,000 0.000 365.660 0.000 0.000 0.000 0.000 365.660 0.000 0.000 365.660 Purisima Creek 2,553.030 566,750 563.500 3,119.780 0.000 0.300 0.000 0.300 2,553.030 567.050 563.500 3,120.080 Rancho San 2,137.522 1.200 0.000 2,138.722 1,495.360 166.000 0.000 1,661.360 3,632.882 167.200 0.000 3,800.082 Antonio Ravenswood 273.665 0.000 0.000 273.665 98.000 1.450 0.000 99.450 371.665 1.450 0.000 373.115 Russian Ridge 1,669.166 152.21 0.000 1,821.376 0.000 6.000 0.000 6.000 1,669.166 158.210 0.000 1,827.376 Saratoga Gap 881.700 407.200 0.000 1,288.900 2.100 0.000 0.000 2.100 883.800 407.200 0.000 1,291,000 Sierra Azul Cathedral Oaks 225.460 1,959.706 32.590 2,185.166 0.000 14.320 0.000 14.320 225.460 1,974.026 32.590 2,199.486 Sierra Azul Kennedy 2,539.905 304.219 0.000 2,844.124 68.420 41.401 5.000 109.821 2,608.325 345.620 5.000 2,953.945 Limekiln Sierra Azul Mt.Umunhum 757.910 10,196.142 1,445.030 10,954.052 372.000 320.310 0.000 692.310 1,129.910 10,516A52 1,445.030 11,646.362 Sierra Azul "Summit Road" 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.0 Sierra AzuI (All) (3523.275) (12460.067) (1477.620) (15,983.342) (440.420) (376.031) (5.000) (816.451) (3963.695) (12836.098) (1482.620) (16,799.7; Skyline Ridge 1,299.600 751.930 335.540 2,051.530 80.970 10.000 0.000 90.970 1,380.570 761.930 335.540 2,142.500 Stevens Creek- 53.740 0.000 0.000 53.740 1.000 0.000 0.000 1.000 54.740 0.000 0.000 54.740 Shoreline St.Joseph's Hill 173.644 0.000 0.000' 173.644 94.000 0.000 0.000 94.000 267.644 0.000 0,000 267.644 Teague Hill 623.760 2.380 2.380 626.140 0.000 0.000 0.000 0.000 623.760 2.380 2.380 626.140 Thornewood 136.240 12.721 0.230 148.961 4.550 10.000 0.000 14.550 140.790 22.721 0.230 163.511 Windy Hill 1,304.49 2.000 0.000 1,306.490 0.000 0.000 0.000 0.000 1,304.490 2,000 0.000 1,306.490 All 28,071.480 15,992.788 3,762.36 44,064.268 2,697.821 2,136.491 29.90 4,834.312 30,769.301 18,129.279 3,792.26 48,898.580 ^Includes only those interests acquired(title or lease recorded or unrecorded lease fully executed)on or before: 26-Nov-02 DSS(Unrounded) I Regional Open Sp--4--e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (,F.LEBRA-FING 30 YEARS OF OPEN SPA(-.E PRESERVA'FION R-03-123 Meeting 03-27 December 10, 2003 AGENDAITEM 5 AGENDAITEM Authorization to Amend Agreement with Shelterbelt ilders, Inc. for an Additional Amount Not to Exceed $10,000 1\ N GENERAL MANAGER'S RECOMME,Z7 :77 Authorize General Manager to execute an amendment to the agreement with Shelterbelt Builders for a supplemental amount of$10,000 to survey additional areas for invasive plants. DISCUSSION An original agreement was negotiated with Shelterbelt Builders, Inc. on July 28, 2003 in the amount of$30,000 to expand the District's invasive plant program (see Report R-03-60). Shelterbelt Builders is currently surveying high priority areas in six preserves that have not been previously surveyed or that have conditions requiring new surveys. This amendment would provide funds for conducting invasive plants surveys at target areas in four additional preserves. The combined set of surveys will provide an even more updated and comprehensive assessment of the presence of invasive plants in most District preserves. This activity is consistent with the type of tasks and rate schedule described in the original agreement. Funds for this amendment are being transferred from the Integrated Pest Management Program account in the Other Professional Services fund. In this budget year, the Operations Department has already provided training for staff on herbicide safety, reviewed and updated herbicide equipment, and a research assistant is currently collecting information on additional and alternative methods for controlling invasive plants. Further work on the Integrated Pest Management Program should wait until the 2004-2005 budget year when surveys of invasive plants on District preserves have been completed, and additional control methods have been determined. Therefore, we are recommending $10,000 be moved from the Integrated Pest Management Program account to supplement the invasive plant survey work. Prepared by: Cindy Roessler, Resource Management Specialist Contact person: John Maciel, Operations Manager 33o Distel Circle 650-691-1200 info@openspace.org BOAR D OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C Nitz L.Craig Britton Claims No. 03-20 Meeting 03-27 Date 12/10/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6812 $258.72 2M Associates Coastal Annexation Consultant Study 6813 $276.04 A Royal Wolf Portable Storage Storage Rental Units-FFO 6814 $450.00 Aaron's Septic Tank Service Sanitation Services 6815 $151.25 Abatement Analytics Asbestos Survey-Foothill Shop Building 6816 $1,139.36 Acme&Sons Sanitation Sanitation Services 6817 $267.28 ADT Security Services Burglar Alarm Service 6818 $375.00 Al's Chimney Cleaning Service Chimney Service 6819 $4,711.29 Albion Environmental,Inc. Biological Services-Old Page Mill Trail Repair&ECDM Biotic Studies 6820 $1,392.00 Alice Cummings Acquisition Consulting Services/Property Discription& Photo Essay 6821 $126.22 All Laser Service Printer Service 6822 $3,638A0 Allied Auto Works Vehicle Service and Repairs 6823 $231.00 Anderson Chevrolet Vehicle Parts 6824 $502.69 Anderson Engraving Graphic Design&Engraving 6825 $60.57 ANG Newspapers Legal Advertisement 6826 $2,250.00 Appraisal Research Corporation Appraisal Services 6827 $151.55 Armstrong,Robert Reimbursement-Uniform 6828 $19.69 AT&T Telephone Service 6829 $459.44 AT&T Wireless Cellular Phone Service 6830 $187.80 '1 AT&T Wireless Cellular Phone Service 6831 $1,707.12 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 6832 $3,309.30 Big Creek Lumber Fencing Materials 6833 $647.10 Biotic Resources Group Consulting Services-Virginia Mill Project 6834 $567.50 Boston Market Staff Holiday Lunch 6835 $869.33 Britton,L.Craig Reimbursement-Partners in Stewardship Conf. 6836 $244.98 Browning-Ferris Industries Garbage Service 6837 $267.26 Cal-Line Equipment,Inc. Vehicle Repair 6838 $35.00 California Native Plant Society Membership 6839 $98.51 California Reprographics Printing Services-Poster for Autumn Festival 6840 $166.46 California Water Service Company Water Service 6841 $60.00 Camino Medical Group Medical Services 6842 $12.95 Casaretto,Mark Reimbursement-Uniform Expense 6843 $80.00 Clark Pest Control Pest Control 6844 $5,589.83 Clark Pest Control Painting Services-The Skyline Ridge Nature Center 6845 $206.67 Cole Supply Co.,Inc. Janitorial Supplies 6846 $235.98 Correia,Anthony Reimbursement-Uniform 6847 $560.76 Costco Supplies 6848 $2,560.00 Cotton,Shires&Assoc.,Inc. Slope Stability Study-Hanson Quarry 6849 $472.50 Curiale Deilaverson Hirschfeld Legal Services 6850 $28.12 Day Timer, Inc. Office Supplies 6851 $55.00 Del Rey Building Maintenance Lights Replaced-Admin.Office 6852 $1,592.00 Department of Water Resources Ricky Dam Permit 6853 $965.81 Dunn's Automotive Truck Service&Repair 6854 $202.44 Federal Express Express Mailing 6855 $518.34 Fenton Communications Communications&Public Affair Services-San Mateo County Coastal Annexation Page 1 of 4 Claims No. 03-20 Meeting 03-27 Date 12/10/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6856 $2,644.59 '2 First Bankcard 794.73-Training&Conf.Exp. 169.95-Intemet Services 552.02-Software&Computer Equipment 702.52-Field Equip.Supp.&Uniform Exp. 35.00-Office Supplies 151.76-Special Event Supplies 50.00-Books&Subscriptions 188.61-Local Business Meeting 6857 $158.99 Fitzsimons,Renee Reimbursement-Certified Interpretive Trainers Course 6858 $124.27 Foster Brothers Keys,Locks&Rings 6859 $101.00 G&K Service Shop Towel Service 6860 $55.23 Galls Incorporated First Aid Supplies 6861 $363.04 Gardenland Power Equipment Field Supplies&Equipment 6862 $711.60 Gempler's,Inc. Uniform Supplies 6863 $67.44 Goodco Press,Inc. Printing Services-Employees Business Cards 6864 $52.22 Granite Rock Company Base Rock-Big Dipper 6865 $604.88 Great! Printing Services-Maps&Volunteers Newsletter 6866 $300.00 "3 Hidden Villa Facility Rental-Holiday Luncheon 6867 $300.00 `4 Hidden Villa Facility Rental-Art O'Neal Training 6868 $763.84 Indoff Incorporated Furniture-Ergo Chairs 6869 $1,500.00 International Training Resources Defensive Tactics Seminar 6870 $135.00 Jim Davis Auto Vehicle Smog Tests 6871 $3,715.50 Kevin Emery Builder Electrical Services&Property Inspection 6872 $50.00 `5 Kings Mountain Volunteer Facility Rental Deposit-Board of Realtors Presentation 6873 $154.47 Kwik Key Lock&Safe Co.Inc. Lock&Key Services 6874 $146.57 Lab Safety Supply Field Supplies 6875 $827.72 Liebert Cassidy Whitmore Legal Services 6876 $991.37 Los Altos Garbage Co. Refuse Services 6877 $162.16 Matthew Bender&Co.,Inc. Legal Books 6878 $145.02 MCI Long Distance Telephone Service 6879 $144.00 McKowan,Paul Reimbursement-Mileage 6880 $119.92 MegaPath Networks Internet Connection-DSL Line SFO 6881 $519.60 MetroMobile Communications Radio Repairs&Maintenance 6882 $4,472.53 Miller,Starr&Regalia Legal Services 6883 $80.13 Minton's Lumber&Supply Field Supply 6884 $121.13 Mountain View Garden Center Sand-Rancho San Antonio 6885 $225.00 Mountain View Los Altos School District Facility Rental-ECDM Watershed Protection Program Meeting 6886 $92.27 National Fire Fighter Corp. Field Office Supplies 6887 $187.00 New Tribe,Inc. Weed Wrenches 6888 $499,000.00 ## North American Title Company Whiteway Land Acquisition 6889 $48.30 Northern Safety Co.,Inc. Field Office Supplies 6890 $193.58 Northern Tool&Equipment Co. Vehicle Supply 6891 $7,284.00 Office Team Office Temporary Help-Human Resources Analyst 6892 $175.00 On-Site Health&Safety Drug Screening 6893 $906.45 Pacific Water Systems Water Supplies-Enterprise Rental&Field Office 6894 $35.00 Paterson,Loro Reimbursement-Uniform 6895 $32.48 Peninsula Digital Imaging Laminating-District Display Pictures 6896 $203.53 Pine Cone Lumber Lumber 74.7 Prima Consulting Services Recruitment Services 6897 $9,0 5 Primary g 6898 $66.30 Rancho Hardware&Garden Shop Field Supplies 6899 $470.71 Ray L.Hellwig Services Co.,Inc. HVAC Maintenance-Admin.Office&Tenant Space 6900 $494.94 Regal Dodge Truck Repair 6901 $200.00 Remington,Eric Consulting Services-Biotic Survey-Windy Hill Quarry Page 2 of 4 i Claims No. 03-20 Meeting 03-27 Date 12/10/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6902 $219.27 Roberts&Brune Co. Field Supplies 6903 $292.00 Romic Environmental Technologies Hazardous Waste Removal Service Corp. 6904 $53.30 Roy's Repair Service Vehicle Repairs&Service 6905 $55.77 RV Cloud Plumbing Supplies 6906 $14.87 Salveter,Steve Reimbursement-Film&Processing 6907 $592.33 SBC Payment Center Telephone Service 6908 $3,363.00 Seaver,Richard DBA Rural Pig Mgmnt. Pig Control Services 6909 $666.03 Shell Credit Card Center Fuel 6910 $2,787.90 Shelterbelt Builders,Inc. Consulting Services-Invasive Plants 6911 $13,560.00 Shelton Roofing Co.,Inc. Ranger Resident Roof Replacement 6912 $10,550.00 Shoreline Printing&Graphics,Inc. Printing Services-Winter Newsletters 6913 $443.56 *6 Simeon Walton Training-Ben Guzman 6914 $199.00 Skillpath Seminars Business Writing Seminar-G. Ison 6915 $114.00 Skyline County Water District Water Service 6916 $5.50 Specialty Truck Parts,Inc. Vehicle Supply 6917 $54.36 Stevens Creek Quarry,Inc. Base Rock 6918 $293.08 Tadco Supply Janitorial Supplies 6919 $1,704.18 The Stove Works Thornewood Residence-Piping Installation 6920 $678.71 Tires on the Go Tires&Tire Repairs 6921 $22,540.00 # TKO General Engineering& Demolition&Repair Services-Thompson&Smith Property Construction,Inc. 6922 $71.17 Tony&Albas Pizza Local Business Meeting Expense 6923 $43.08 United Parcel Service Parcel Shipping 6924 $143.32 United Rentals Highway Tech. Posts 6925 $54.13 Valterria,Thomas Reimbursement-Uniform Expense 6926 $51.34 Verizon Pager Service 6927 $432.00 WAC Corporation,Inc. Aerial Photos 6928 $211.44 West Group On-Line Legal Services 6929 $5,700.00 *7 Western Press&Mail Postage-Winter Newsletters 6930 $225.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 6931 $71.03 Workingman's Emporium Uniforms 6932 R $96.10 *8 Alotta's Deli Interpersonal Training Lunches 6933 R $20.83 AT&T Telephone Service 6934 R $339.52 Beck's Shoes Inc. Uniform Boots 6935 R $27,009.36 *9 Casey Construction Old Page Mill Trail Repair Project Retention 6936 R $19,705.00 Fenton Communications Communications&Public Affair Services-San Mateo County Coastal Protection Program 6937 R $50.50 G&K Service Shop Towel Service 6938 R $282.45 Guzman,Ben Reimbursement-Academy Expenses 6939 R $2,066.92 Home Depot, Inc. Field Supplies&Equipment 6940 R $47.64 Kinko's Printing Services 6941 R $35.14 Lab Safety Supply Field Supplies 6942 R $2,605.04 Langley Hill Quarry Base Rock for Big Dipper Project 6943 R $77.10 MetroMobile Communications Radios&Accessories 6944 R $1,204.62 Office Depot Office Supplies 6945 R $773.44 Orchard Supply Hardware Field Equipment&Supplies 6946 R $1,917.40 Pacific Water Systems Water Filter System-Property Management Rental 6947 R $566.07 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 6948 R $36.13 Rayne Water Conditioner Rental 6949 R $1,719.20 Roy's Repair Service Vehicle Repairs&Service Page 3 of 4 Claims No. 03-20 Meeting 03-27 Date 12/10/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6950 R $836.98 San Jose Water Company Water Service 6951 R $68.90 SBC Telephone Service 6952 R $996.98 Summit Uniforms Uniform Expense 6953 R $811.80 The Sign Shop Signs 6954 R $11,840.00 Town of Portola Valley Building Permit Fee-Sausal Deck&Spring Ridge Trail Reroute 6955 R $4.91 United Parcel Service Parcel Shipping i 6956 R $250.00 United Soil Engineering,Inc. FFO Shop Bldg-Consulting Geologic Services 6957 R $1,599.46 Western Press&Mail Handling/Processing-Newsletters-Winter 2003-2004 6958 R $165.08 Workingman's Emporium Uniforms 6959 R $85.38 Xpedite System,Inc. Fax Broadcast System Services i Total $716,324.11 *1 Urgent Check Issued 11/25/03 *2 Urgent Check Issued 11/25/03 *3 Urgent Check Issued 11/17/03 *4 Urgent Check Issued 11/26/03 *5 Urgent Check Issued 11/21/03 *6 Urgent Check Issued 11/21/03 *7 Urgent Check Issued 11/20/03 *8 Urgent Check Issued 12/08/03 *9 Urgent Check Issued 12/08/03 # Expenditure to Date Exceeds 1 OK But Not 25K ## In the event agenda item#3 is not approved,this claim will not be processed Page 4 of 4 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: December 5, 2003 Re: FYI's 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.openspabce.org X a. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 26, 2003 Robert Zatkin 140 Springdale Way Redwood City, CA 94062 Re: El Corte de Madera Creek Open Space Preserve Dear Mr. Zatkin: In response to your November 20, 2003 letter, the District does intend to develop additional materials related to erosion control and watershed protection at El Corte de Madera Creek Open Space Preserve. As you may recall, in November 2002, the District submitted the Draft Erosion Control and Sediment Reduction Plan to the resource agencies for their review. This plan was based in large part on the recommendations developed by Tim Best during his assessment of the trail network. Based on comments from staff at the Regional Water Quality Control Board and the National Marine Fisheries Service, the District has agreed to a number of changes in our approach to resolving the sediment issue. Enclosed for your records is a copy of the District's response to suggestions made by the National Marine Fisheries Service concerning implementation of the Draft Erosion Control and Sediment Reduction Plan. District staff have incorporated the resource agencies' recommendations into a comprehensive Watershed Protection Program for El Corte de Madera Creek Open Space Preserve. The District's Use and Management Committee conducted a public workshop on November 19, 2003 to review the main elements of this proposed program. Enclosed please find copies of materials that were made available to the public at that meeting. This information is also available on the District's website (www.oveiispace.org)under the"What's New" heading. I anticipate that the Watershed Protection Program will go to the full Board of Directors for its consideration in January, 2004. In the meantime, staff will prepare and circulate a Mitigated Negative Declaration (MND) and Initial Study to ensure that the Watershed Protection Program complies with the California Environmental Act (CEQA). This document will likely be released to the public in mid-December. Regards, L Matt Freeman Enclosure cc: Craig Britton, General Manager Midpeninsula Regional Open Space District Board of Directors BOARD OF DIRECTORS:Pete Siemens,Maryl)avoyjed Cyr, GENERAL MANAGER: L.Craig Britton Deane Littie,Nonette Hanko,Larry Hassett.Kenneth C.Nitz 0 AAaefflIMSUla MeqCTAI+jPel 1�Pa H.Ajlf.,Iijt;a ��j_U'AW Robert Zatkin 140 Springdale Wda Redwood City, (_'A 94062 Tel (65M 369-6462 rGzatkLnf j _net November 20, 2003 Matt Freeman MidlPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1401 Sent via Fax: 650-691-0485 Matt, Will the material released by the District concerning the forthcoming changes to the road and trail network in the El Corte de Madera Creek Open Space Preserve (Preserve) be limited to the written response due December 1, 2003 to the letter dated October 10, 2003 from NOAA Fisheries(see attached)? If additional material will be generated,what is the nature of such material and when will it be available to the public? Finally, please copy me on all correspondence concerning the sediment transport problem in the Preserve between the District,the California Regional Water Quality Control Board—San Francisco Say Region, California Department of Fish and Game, NOAA Fishery. Sincerely Robed Zatkin ' � Page lof) � Craig Brifto From: ^DonPo|ennini" <d ni conn> To: ^daane|dUo@ooiconn» Sent: Thursday, November 2O. 20035:53PM Subject: B Corte deMadera � � Dear Mr. Little: � Thanks for hosting the informative and inclusive meeting last night regardingB Corte de Madera. Having been at similar meetings in the past, I was prepared to be disappointed again, It was refreshing to have the land managers look to bicyclists for input rather than simply relegating them elsewhere. I think you'll find that this cooperative approach will not just make one user group happy, but yield many passionate advocates and stewards for the MROSD. [ found Matt Fnyemon's report on ECdK8hobewaU-inforn`ed. thorough d properly tempered. Through the implementation of the draft plan, the District has an opportunity to both restore critical habitat and enhance the � holding's natural and recreational status in a manner consistent with the Basic Policy of the MROSD. I hate to use c|iohuWs, but this in the proverbial \min+win.' Thanks again, OonPalermini San Jose � � � � � � � }1/74/700] � —C— November 20, 2003 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Board of Trustees La Honda—Pescadero Unified School District P. O. Box 189 Pescadero, CA 94060 Dear Board Members: I am writing to express my appreciation in allowing Mid peninsula Regional Open Space District ("MROSD") continued opportunities to address concerns and/or issues regarding the Local Agency Formation Commission (LAFCo) application for our Coastside Protection Program. MROSD has been a partner to this community for over 30 years and will remain unequivocally committed to the preservation of open space lands and to the improvement of the quality of life for everyone in the Greater Peninsula. Our success in helping retain the unique splendor and beauty of San Mateo and Santa Clara Counties has earned regional, state, and national praise, as well as criticism from those who seek to privatize and develop the open space land we seek to preserve. The proposed Coastside Protection Program that is under LAFCo consideration shall prove no different. MROSD's enthusiastic commitment in working with all public and private sectors is underscored by our meeting with the La Honda- Pescadero Unified School District (LHPUSD) staff in September and the meetings being planned for the future. The dialogue between our two districts over the last several months has proven very constructive. The issues LHPUSD has shared with us weigh heavy in importance and priority, which is why we wish to continue our discussion and provide answers to any perceived impacts caused by this project, combined with mitigating remedies to allay your concerns. I am certain that our two districts will be able to develop a"property tax neutral" program to our mutual benefit in the event that the Coastside Protection Program proceeds, and MROSD actually purchases land within the LHPUSD boundaries. I look forward to our continued discussions. Sincerely, Craig Britton General Manager cc: John Wilson, Superintendent MROSD Board of Directors vc;, iv pac .OR, BOAR(?OF DIRECTORS:Pete Siemens,(bury Davey.led Cy r, GENERAL MANAGER: Deane Little,Nonette Hanko,Carry Hassett,Kenneth C.Nitz L.Craig Brittor, i ,'J -�M,—',, A 9ECIONAL OPEN SPACE DISTRICT November 13 20 03 Ms. Carrie Martin, President Brush& Old Well Mutual Water Company 20732 Brush Road Los Gatos, CA 95033 RE: Bear Creek Redwoods Open Space Preserve—Easement Exchange Dear Ms. Martin, The Board of Directors has received your letter dated October 8, 2003 referencing the Brush and Old Well Mutual Water Company easement for water transmission line, storage tank and access. We understand that you are proposing an exchange of the access easement through the former Hunt property addition to the Bear Creek Redwoods Open Space Preserve, and that this exchange may be of mutual benefit to the Water Company and the District. This matter has been referred to the District's Real Property Department. Thomas Fischer, Land Protection Specialist, will be in contact with you. Thank you for your proposal. Sincerely, e't— Mary Davey, Vice President Board of Directors MD:tf:lz cc: MROSD Board of Directors Thomas Fischer I I ed�,:r_ GtNERAL ngA��;aGER ., Ul A. REGIONAL OPEN SPACE DISTRICT November 13, 2003 Mr. Peter Donohue 808 le Avenue Menlo Park, CA 94025 Dear Mr. Donohue: The Board of Directors reviewed your letter dated October 21, 2003 at their Regular meeting last night. Thank you for your inquiry regarding the Resolution plane crash site located on the El Corte de Madera Open Space Preserve. The District does, in fact, recognize the Resolution plane crash site both in the El Corte de Madera Creek Open Space Preserve brochure and on our web- site under the "Preserve" information heading for El Corte de Madera. Also, a laminated flyer is posted at the El Corte de Madera trailhead board sign. This flyer gives information about the history of the Resolution crash, including a picture of the airplane, and the trail named for it. The flyer also states that removing historical items from the crash site is not permitted. The matter of the Resolution Memorial has been previously considered by the Board of Director's Legislative and Public Affairs Standing Committee and the recognition noted above was the solution that the Board arrived at after reviewing the matter carefully. As a matter of fact, the District's current Board President,Nonette Hanko, personally knew one of the victims, William Kapell. She was also one of the District's founders and was on the committee that recommended the final recognition that the District has embraced. I hope this information is helpful to you. Sincerely, Mary Davey, Vice President Board or Directors MD:lcb:lz cc: MROSD Board of Directors -ENERAL MA". CFP: L Craq gi!-1t, Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 13, 2003 Mr. Mark Williams _mswmsmdaa,aol.com Menlo Park, CA RE: Economic and Social Discrimination in the Parks Dear Mr. Williams: Thank you for your electronic communication sent on October 21. As an agency with a broad variety of constituents, one of Midpeninsula Regional Open Space District's responsibilities is to balance the needs of preserve users while ensuring the protection of natural resources. The District provides access to dogs on designated trails at Windy Hill and Long Ridge Open Space Preserves and on all trails at Coal Creek, Foothills, Fremont Older, Pulgas Ridge, St. Joseph's Hill, the Kennedy-Limekiln Area of Sierra Azul, and Thornewood Open Space Preserves. In addition to the extensive trails open to on-leash dog use, Pulgas Ridge Open Space Preserve has one of the only public off-leash dog areas in the San Francisco peninsula. This off-leash area provides approximately fourteen acres for dogs and their owners and was recently expanded. The District is also in the process of designing-a new parking and staging area at Pulgas Ridge, thus making the off-leash dog area even more accessible to the public. It is anticipated that the parking and staging area at Pulgas Ridge Open Space Preserve will be completed in fall 2004. Sincerely, Mary Davey, Vice President Board of Directors cc: MROSD Board of Directors MD:mdv 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.com 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 MIDPEiNINSULA RECIONAL OPEN SPACE DISTRICT November 14, 2003 Patrick J. Rutten National Oceanic and Atmospheric Administration National Marine Fisheries Service Southwest Region 777 Sonoma Avenue, Room 325 Santa Rosa, California 95404 Re: El Corte de Madera Creek Open Space Preserve Watershed Protection Program Dear Mr. Rutten, The District received your October 10, 2003 letter regarding implementation of erosion control and watershed protection efforts at El Corte de Madera Creek Open Space Preserve. District staff will incorporate your suggestions into a formal Watershed Protection Program for the Preserve. This program is designed to protect and restore watershed integrity while providing opportunities for year-round recreation and environmental education. Key elements of the program include design upgrades and substantial physical improvements to the trail network; elimination, realignment or reconstruction of problem trail segments; long-term maintenance and monitoring activities; and visitor education and outreach. The District concurs that erosion control efforts within the Preserve should be expedited in order to protect habitat for downstream populations of coho salmon and steelhead trout. The District will accelerate the project schedule to address all high priority sites before October 15, 2006. Design upgrades and physical improvements to the trail network will be implemented according to the recommendations outlined by our consultant, Tim Best (2002). Based on field conditions, permit requirements, or opportunities to address treatment sites ahead of schedule, project implementation may differ slightly from your recommended schedule. Protection of the watershed is a very high priority for the District and, if possible, critical improvements to the trail network will be completed within two years. A wide range of physical improvements and state-of-the-art repairs are planned, including grading to ensure proper surface drainage, installation of rolling drain dips and waterbars, upgrading of stream crossings to accommodate 100-Year storm events, applying drainrock to harden trail surfaces, and a variety of other techniques for long-term erosion control. At the request of the Regional Water Quality Control Board, this work will be inspected by a Certified Engineering Geologist to ensure that it is completed to a very high standard. In addition, the District will adopt a formal maintenance and monitoring plan to ensure that the improvements hold up over time against storm events and recreation use. Monitoring will occur prior to the winter period, during or immediately following major storm events, and at the end of the winter season. These field inspections will focus on trail surfaces to identify signs of concentrated runoff and on drainage facilities to ensure that they are clear of debris. Maintenance needs will I be documented on monitoring forms and prioritized for immediate repair. District Planner Matt Freeman will contact Jonathon Ambrose at your office to finalize details of the maintenance and monitoring plan. We hope that this update is in line with your expectations. The District is very committed to working with the National Marine Fisheries Service to protect and restore the ecological integrity of the El Corte de Madera Creek watershed. Please contact Matt Freeman at (650) 691-1200 if you have further questions or if you would like additional information about the Watershed Protection Program for El Corte de Madera Creek Open Space Preserve. Sincerely, `0 L. Craig Britton General Manager LCB:MF cc: Midpeninsula Regional Open Space District Board of Directors Jonathon Ambrose, National Marine Fisheries Service Patricia Anderson, California Department of Fish and Game Carmen Fewless, Regional Water Quality Control Board 2 Nov,. per 24,2003 Craig Britton General Manager CALIFORNIA Mid-Peninsula Regional Open Space District STATE PARKS 330 Distel circle FOUNDATION Los Altos,CA 94022 800 College Avenue DearCral , P. O . Box 548 g Kentfieid, CA 94914 Phone: 415/258-9915 Fax: 415/2 5 a-9 9 s o I am writing to tell you that after seven wonderful years I will be leaving the Foundation; my last official E`w ""N`l p a r'k s. r g day is December Isl. As I reflect on my years with the Foundation,I am amazed at how much has been www calparks.org accomplished for parks and how quickly the Foundation has grown. My hard working talented staff, OFFICERS excellent board,and many friends and supporters have made all of this possible. DONAL0 J.RORINSON Chom.ran Just a few highlights of what we have been able to do together: DAVID MANDEI.KERN V r Chai<<r�gn SHIRLEV BO(,ARDUS • Made direct grants to State Parks totaling$9.3 million s�ti=elD�v • Increased revenue 500% JACK E HARPER Tr,-gasuo, . Increased membership from 12,000 to 40,000 • Helped to pass two Park Bonds which provided over$800 million for new parklands and facilities SUSAN SMARTY and much needed repairs Prc=siri�::nt • Created a state-wide Earth Day Program that in six years has provided parks nearly$500,000 in BOARD OF TRUSTEES grants and over 30,000 volunteers for restoration and clean-up projects FAME:I A.BASS • Launched our first Park Advocacy Day that brought park supporters from around the state to HOWAR(E H BELL educate our legislators about the value and benefits of parks ihIIRLF I`BQGARGllS • Launched our first environmental education program, Coast Alive!,that will train over 2,500 MtCHAEL J BRIE W.ELLu::E BROWNEE_F teachers and bring 50,000 students to coastal sites from Santa Barbara to San Diego WLLARE)ZzCARR.,IR • Initiated legislation that will permanently protect our parks from non-mission uses Rl17H(;OLEMAN °ONAID ECOOLEv Each of these impressive accomplishments and many,many more have raised the Foundation's visibility CAROLVN DI VINNY and voice with elected officials,our sister organizations,the media,park users,the public and our wILUAM H FAIN_�IR FAIR WE [AM C IN IR,ESQ supporters. My recent appointment to the Environmental Policy Task Force that is advising Governor JACKF HARPER Schwarzenegger is a clear demonstration of the Foundation's critical role in advocating for State Parks.We WENDYJAMES are the state-wide Voice for State Parks! MODDARD P J<OHNSTON MARLIN L KRASNANSKV So it is with sadness, and yet a wonderful sense of satisfaction that I move on to new challenges as the i,VABETH A.LAKE Executive Director of the California League of Conservation Voters. CLCV is the non-partisan political AMP L W'BII LANE JR arm of the environmental movement that works to elect environmentally responsible candidates to state and M UAVID ANDELKEI2N „AVID J.��MCHFNRV federal office,and hold them accountable to the environmental agenda. Parks will continue to be a high MAIDIE OuvFAu priority for me,even as I work on other important environmental issues. My new contact information is: ROBERT E PATTERSON DONALD.I ROBINSON Executive Director POGEIZ M.SCHRIMP California League of Conservation Voters "ART N```raATaEE 1212 Broadway, Suite 630 HE DRY I.TRIONE Oakland,CA 94612 PETER H.WEINER Tel 510.271.0900 x 302 ADVISORY TRUSTEES Fax 510-271-0901 C.HAREEE5 B.AMES,JR. Cell 510.4212268 EVALVN K.BE I Smartt(a eCovote.oM HE BLACK I B.BROWN I look forward to continuing our work together to protect California's incredible resources. C:ASHERINE M FISHER JOHN HARPht=TON Sincerely, MARC;ARPE nAUHEN.Ed_D. WILLIAM RANDOLPH HEARST.III <,ONNIF Ljl2fE � W.MIDDLETON 0 BRIEN ALExANDER M POWFR Susan Smartt u>DD VASUI President,California State Parks Foundation PRINTED ON RECYCLED PAPER WITH SOYBEAN INK An independent non-profit membership organization dedicated to protecting and enhancing California's State Parks Regional Open ..a g . m m� December 2, 2003 MIDPENINSULA REGIONAL OPEN SPACE DISTRIC T T Ms. Andrea Espinoza, BRAC Environmental Coordinator Southwest Division Naval Facilities Engineering Command 1220 Pacific Highway g Y San Diego, CA 92132-5181 Attn: Code 06CH.SG RE: Comments on the Revised Feasibility Study and Remedial Investigation RFP Scope of Work, Moffett Federal Airfield Site 25 Dear Ms. Espinoza: On behalf of the District, I would like to express our support for the Navy's planned Revised Feasibility Study and Remedial Investigation for Site 25, which intends to evaluate the feasibility of cleaning the site to tidal marsh standards. The Navy's willingness to listen, communicate and work with the affected property owners and interested public will undoubtedly lead to wide support and approval of the final and more thorough remediation plan. In keeping with the effort for open communication,please review the following comments regarding the RFP discussed on Friday,November 14, 2003. Human Exposure It is the District's understanding that the earlier Feasibility Study prepared for Site 25 factored only occasional human exposure associated with recreation. Although this assumption may have been true at the time the report was written,presently there are imminent plans for an extension of the Bay Trail through or along the edges of Site 25. In fact,NASA has indicated to the media their intention to work with Bay Trail planners to allow for such an alignment. Current Bay Trail use suggests that this trail would not only serve as a tourist and recreational opportunity,but also as a commute trail. As such, please carefully re-evaluate the risk assessment for human exposure along the current and planned trail to reflect typical commute patterns. Presence of Fish in the Seasonal Pond You may be aware that Santa Clara County manages a sophisticated abatement program to control mosquito breeding, particularly at sites that retain large quantities of standing water such as the seasonal ponds located near the bay. The County utilizes several vector control techniques as part of its program, including the release of mosquito fish. It is conceivable that mosquito fish are being released into the seasonal pond at Site 25, which then raises the question of existing ecological risk. If this is true,fish- eating birds may currently be utilizing the site for foraging. The answer to this question may substantially affect the feasibility study and remediation objectives that will be under review. Ecological Reference Locations When evaluating adequate reference locations for Site 25, it is important to recognize the newly acquired U.S. Department of Fish and Wildlife/California Department of Fish and Game (USFWS/CDFG) former Cargill salt pond properties given that these lands are planned for a variety of bayland habitat restoration. Reference locations may need to be larger in size and scope than Site 25 to account for the ecological diversity and habitat opportunities that will exist in the area surrounding Moffett Field. s .5-e,a,,...lat a -s ++R^Ct r�'fi a4Frt k-30ARr''IF DIRECTORS:Pete Siemens,Mary Dovey,Jed Cyr. GENERAL MANAGER: L pit <_a x .>zz ?',4 ,,i- e ti o sz'f �a Ar. V✓,i.a.rr zr:=. Dcaine titrte,NonetieHanko,LarryHassett,Kenneth C.Nitz L.Craig Britton Ms. Muckerman December 2, 2003 Page 2 Development of Feasibility Study Addendum (Section 2.3.1) The District recommends evaluating an alternative that involves partial tidal restoration of District land and a meandering levee to separate the area to be restored from the remaining seasonal pond. This levee may prove highly desirable since the existing USFWS/CDFG levee that currently protects NASA land is subsiding at a fairly fast pace, requiring ongoing dredging and piling of imported fill for levee maintenance. The District suggests evaluating the feasibility of constructing a permanent levee on an alignment that would protect the airfield and optimize wetlands restoration both on and off NASA property. Participation and Review by USFWSICDFG The District strongly supports the recommendation from the regulatory agencies to invite local members of the USFWS/CDFG to participate in reviewing the revised Feasibility Study and Remedial Investigation. The additional input will be extremely valuable since the agencies now own and manage the neighboring properties and may offer the possibility for a joint restoration project that encompasses Site 25. Tidal Marsh Versus Seasonal Pond Standards As previously voiced, please compare the remediation requirements and costs associated with a cleanup that is consistent with tidal marsh standards versus a cleanup that is consistent with seasonal ponds standards for NASA's portion of Site 25. This evaluation may indicate a relatively minor difference, thus allowing the Navy to consider the possibility of a higher level of cleanup for the entire area,regardless of current use or the timeline for a future restoration. The District appreciates the opportunity to review and comment on the RFP Scope of Work. Please contact Ana Ruiz, Open Space Planner, at(650)691-1200 if you have any questions regarding our comments. Sincerely, L. Craig Britton, General Manager LCB:ar:dw:dms cc: MROSD Board of Directors II Regional Open Space ,K±wM±Ntw%v.Mtaw"� � '.MKei++t+.wy, N.wCNunww.+. MN'A:a.w- `wvpwNw �M`itvM, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors s From: L. Craig Britton, General Manager Date: December 10, 2003 Re: FYI's 330 Distal Circle a Los Altos,CA 44022-1404 • Phone:650-01-1200 Fax:650-01-0485 • E-mail:mrosd@openspace.or0 • Web site: www.aponspace.org Regional Open St ve MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: Craig Britton, General Manager From: John Maciel, Operations Mana CC: David Sanguinetti, Area Supe ' nt- Skyline Date: December 5, 2003 Subject: Recommendation the District Approve for Use and Pure TW200, Fat Tire Motorcycle for Ranger Patrol Proposal: The District purchase a Yamaha TW200 Dual Motorcycles for the District Ranger Staff to use in EI Corte de Madera Preserve and other large Skyline Preserve for patrol circulation. . Purpose: To comply with the regulatory concerns of driving heavy Corte de Madera Open Space Preserve during the wet season, and still allow effective patrol circulation coverage by District Rangers. Research: Last fiscal year, District Staff researched and tested different types of off-road ATV type vehicles for both maintenance and patrol use on District vehicles tested were a 4wd quadrunner, 2wd quadrunner, Kawasaki M1. Tractor, and the Yamaha TW200 Motorcycle. It was determined that the 4wd quadrunner, Kawasaki Mule, and the Rokon Moto-Tractor were best suited for maintenance, while the 2wd quadrunner and the Yamaha TW200 were more effective for patrol. The 2wd feature on the quadrunner and the motorcycle made those vehicles more maneuverable which is better suited for patrol, while the 4wd feature works best for maintenance by increasing pull but sacrifices maneuverability. The Yamaha TW200 allowed for single-track trail use where the 2wd quadrunner did not. The wide fat tire feature of the Yamaha made the vehicle safer to maneuver and lighter on the ground than other motorcycles on the market. Other than the Rokon Moto-Tractor, research showed that Yamaha is currently the only manufacturer of a wide fat tire motorcycle. The District currently owns four 4wd quadrunners, a Kawasaki Mule, and a Rokon Moto-Tractor, primarily for maintenance. As such, the District Ranger Staff recommends the Yamaha TW200 for patrolling District Preserves during the web season. Justification: Due to the regulatory restrictions of heavy vehicles on El Open Space Preserve, during the wet season,the Operations Department budgeted for an off road quadrunner that will allow rangers a more effective way to patrol. With 35 miles of trails and roads in the Preserve, a number of which have a width of 3 feet or less, it is only possible to use a quadrunner for patrol circulation on fire roads no trails. The use of a Yamaha TW200 Motorcycle would increase the District Ranger's ability to cover this preserve and other large preserves like Purisima Creek Redwoods and Monte Bello, during the wet season. The large wide tires minimize the amount of impact the vehicle has on the ground. The use of a motorcycle by District Ranger's would provide better coverage for enforcement of land use and response to injury accidents. The District already has a large constituency using Preserves on a year round basis regardless of the conditions. Currently we manage use with closures for trail conditions. However, many of our trail soil types do not meet the closure requirements. Having a Patrol Motorcycle would help District Ranger's provide year round services required to appropriately protect the Preserve and assist the visitor. Anticipated Concerns: • Public perception of Rangers on motorcycle in District Preserves • Potential for increased injuries and Worker Comp Claims • Cost of program • Training • Inappropriate use • Emergency Response Suezested Mitisation: • Available written and posted interpretation on the use of motorcycles by District Rangers • Well marked District motorcycles and riders • Use only in specified large District Preserves like El Corte de Madera, Purisima, Monte Bello and other preserves approved by the Operations Manager • Certified practical training for all authorized operators • Use by Patrol Ranger's only • Develop a conservative Policy of Operation • Speed Limit of 15 MPH at all times of use, including Emergency Response :r r i - _ � _� i Yamaha Motor Corporation, USA -2004 TW200 Information Page 1 of 1 JJ YAMAHA _ Home ! FAQs Site N Products Accessories Apparel Financing Our Dealers Part.&Service News Competition © I 2004 TW200 TW200 ____. A unique machine that is very popula Information L beginning to enjoy motorcycling, and thosE Features&Benefits years experience. Specifications Photo Gallery �"�` The TW200 is just the ticket for people wits Extended Service(YES) want to ride both on- and off-road around E-Mail Announcements town or out to their favorite fishing hole. Motorcycle News Extra wide tires put down a large con Dual Purpose Home ground providing outstanding rider confiden Motorcycle Home - Click on image for larger picture The 4-stroke engine delivers ample torqu variety of conditions. search 6 Low seat height, dependable push-button automatic chain tensioner make the convenient, desirable machine. Manufacturer's Sugg. Retail Price...$3,599' Click on image for larger picture Top Privacy Policy Terms&Conditions "Price and specifications subject to change without notice. Please read your Owner's Manual and all labels before operation. Copyright 1996-2003 Yamaha Motor Corporation,U.S.A.All rights reserved. http://www.yamaha-motor.com/products/unifnfo.asp?lid=2&lc=mcy&cid=6&mid=10 11/13/2003 INTEROFFICE MEMORANDUM November 21, 2003 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month October Year 2003 VIOLATIONS CITES TOTALS CRIMES CITES TOTALS Bicycles Poss marijuana<1 oz 2 2 Closed area I I Speed 3 5 Helmet 3 10 ACCIDENTS/INCIDENTS Night-riding 1 2 Bicycle accident 2 Dogs Equestrian accident I Prohibited area 1 2 Hiking/running accident 0 Off-leash 15 19 Other first aid I Off-road vehicles 0 0 Search&Rescue I Closed area 6 9 Vehicle accident 0 After hours 10 21 LZ air evacuation 2 Fishing 0 0 Fire 0 Vandalism 0 4 Parking 6 9 Parking after hours 17 43 ENFORCEMENT Dumping/littering 0 1 Parking citations 23 Camping 0 1 Other citations 42 Weapons Written warnings 63 Actual contact 0 0 Arrests 0 Report only 0 2 Police assistance 9 Evidence of 0 — 0 Indecent exposure 0 1 Rollerblading 0 1 MUTUAL AID Motorized scooter prohlb area 0 1 Accident 7 False info to Peace Officer 0 1 Law enforcement I Smoking 0 1 Landing zone off-site — 2 Group w/out permit 0 4 Search& Rescue I Unlawful construction 0 1 Fire 2 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date I A neighbor reported hearing a discharge of firearms at El Corte de Madera OSP. Rangers and San Mateo sheriffs deputies responded. The source of the firearms discharge was not determined. 2 B. Malone observed two visitors after hours at Rancho. K. Miller attempted to contact them. They fled. K. Carlson responded to help search. The subjects were found and issued citations for "after hours," and warned for"resisting arrest." Both people had been cited for"after hours," in the same area in June. 3 B. Malone and B. Guzman contacted five visitors in a closed area of Sierra Azul. The subjects were seen sharing a pipe. Two of the subjects were cited for possession of marijuana, and all five were cited for 'closed area' violations. Two of the subjects were juveniles; their parents were notified and picked them up. One Santa Clara County Deputy and one county ranger assisted. 5 A man was reported in rancho who was wearing camouflage and carrying a rifle. J. Smith responded with two Santa Clara County deputies. They were unable to locate the person. A similar incident was reported on October 1. 7 A woman was contacted for littering by A. Correia after he observed her throw a beer can under her car at Ravenswood. She appeared to be under the influence of drugs, at risk, and was requesting help. Two East palo Alto Police units responded. She was taken into custody on a 72- hour hold and transported by police to the hospital. T. Lausten assisted. 10 Sixteen adults, in two separate groups, were contacted while hiking on the Ridge Trail at 11 p.m. The two leaders were issued citations for after hours use. One group became lost trying to return to their vehicles and used a cell phone to call for help. After a brief search the two groups were reunited and escorted from the preserve. 11 A neighbor came to Rancho County Park to confront a person he believed flew a remote control airplane over his residence. An argument developed and the neighbor called 911. B. Malone, K. Carlson and two Santa Clara County deputies responded. The neighbor was instructed to call rangers, not 911. Rangers reviewed the remote control aircraft rules with the involved parties. 18 A neighbor reported hearing a discharge of approximately 100 shots at La Honda Creek OSP. Rangers and San Mateo sheriffs deputies responded and discovered an elaborate paint ball Course in a canyon adjacent to Old La Honda Road near Skyline. An empty ammunition box that held 100 rounds of.22 cal. ammunition was found. The paint ball course was disassembled and plywood components will be removed. The persons responsible were not located. 24 Rangers and San Mateo sheriff's deputies responded to a report of indecent exposure at Windy Hill OSP. The man was reported to be video-taping himself. The area was searched, but the man could not be located. 26 A pedestrian was hit by a motorcycle while crossing Hwy 35 to Monte Bello OSP. The hiker was the co-organizer of a District-permitted orienteering event on the preserves. The victim sustained a possible shoulder dislocation. 26 Field staff responded to a wildfire adjacent to Purisima Creek OSP, and assisted CDF and Half Moon Bay Fire in extinguishing the blaze. A motor home on private property started the fire, which burned about 20 acres. 26 A motorized model airplane struck a child in Rancho San Antonio County Park and caused a laceration to his nose. A. Correia initiated first aid and requested Santa Clara County fire and paramedics. Fire arrived and determined the father could transport his son to El Camino Hospital for further evaluation and possible stitches. J. Smith assisted on the event. 31 Rangers responded to a request from San Mateo Sheriff s Search and Rescue to assist in the search for an elderly Alzheimer's patient who was missing in the Kings Mountain area. Rangers searched portions of Purisima OSP. The person was located in Burlingame. He apparently had received a ride from someone and was trying to reach his brother's house. October Vandalism I Signs were vandalized at Rancho with graffiti containing profane language directed at rangers. 11 Three signs were stolen from a gate in Sierra Azul. I I Two combination locks were found not to work in Sierra Azul. It appeared that someone put glue in the tumblers. 26 Two "No Parking Half Hour After Sunset" signs at Alpine Road and Russian Ridge had been tom out and removed. The signs at this location are the targets of ongoing vandalism. DEC-09-2003 12:32 P.02 Adifrut E.st Fz,"Shwe PDI, www,Art er rxorr December 8,2003 N8nette G.Hanko,President 33peninst la Regional Open Space District 0 Distel C irole t6lb Altos,(A 94022-1404 D�arl Ms.H Lnko, I am writirt to formally withdraw Acterra's request to locate our native plant misery on OSD's Rancho San Antonio Preserve. Wo liked th a potential set up at Rancho San Antonio and greatly appreciate your st#4's help I ul assistance in exploring that location.We simply found a site on lad owne by the City of Palo Alto that best suits our nursery's needs. W,I t tim thank your excellent staff,especially Craig Britton, Michael N It ordon Baillie and Cindy Roessler,for the time and effort they took to I litate,o exploration of this nursery site.We also very much appreciate your b(*rd's op ess to the idea of locating our nursery on your land. 0 e r wan N burn f it; arl A r� ough is particular venture did not work out,we definitely want to I I c " tinue ct orating with the MROSD on mutually beneficial open space lab orating ctivities.Such activities could include seed collection and gohr&utio ,providing plants for revegetation projects,joint workdays,and consulting n revegetation needs. Tyre San Fr.ncisquito Watershed Council project of Acterra also has a keen in{erect in e road and trail maintenance and rehabilitation projects that the Da�trict is F arsuing in the watershed,particularly the Alpine Road project.We will coritin e to assist San Mateo County with fund raising for this work and will be?happy tt assist with aspects of project planning and implementation. W,�look fa i and to an ongoing dialogue with your staff around these options. Thanks again for your assistance and support. qest Ver b 1 reg", e IW e�l Closson cu vJ Execu 've Director TOTAL P.02