Loading...
HomeMy Public PortalAbout19750611 - Agendas Packet - Board of Directors (BOD) - 75-13 Meeting 75-13 l MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors A G E N D A June 11, 1975 7 :30 P.M. Midpeninsula Regional Park District 745 Distel Drive Los Altos , CA (7 : 30) ROLL CALL APPROVAL OF MINUTES - May 28 , 1975 ADOPTION OF AGENDA ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS OLD BUSINESS REQUIRING ACTION (7 :45) 1. Resolution of the Board of Directors of the Midpeninsula Regional Park District Confirming Approval of Stipulation for Entry of Judgment and Authorizing Counsel for District, General Manager and Other District Personnel to Take All Acts Necessary to the Carrying Out of Same (Perham Ranch)S. Norton (7 :55) 2 . Resolution of the Board of Directors of the Midpeninsula Regional Park District Providing for a System f Permits g g oo for the Use of District Lands ( "Permit Standards") - J. Olson. NEW BUSINESS REQUIRING ACTION (8 :25) 3 . Stevens Creek-Shoreline Nature Study Area Grant Applica- tion - H. Grench (a) Report (b) Resolution of the Board of Directors of the Midpenin- sula Regional Park District Approving the Application for Land and Water Conservation Funds for the Stevens Creek-Shoreline Nature Study Area Project (9 :10) 4 . Resolution of the Board of Directors of the Midpeninsula Regional Park District Adopting New Interim Master Plan of the Midpeninsula Regional Park District - H. Grench (9 :15) 5 . Appointment to Trails Subcommittee of the Planning Policy Committee of Santa Clara County - K. Duffy CLAIMS (9 : 30) EXECUTIVE SESSION - Land Negotiations ADJOURNMENT i (Meeting 75-13 , Agenda item No. 1) RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT CONFIRMING APPROVAL OF STIPULATION FOR ENTRY OF JUDGMENT AND AUTHORIZING COUNSEL FOR DISTRICT, GENERAL MANAGER AND OTHER DISTRICT PERSONNEL TO TAKE ALL ACTS NECESSARY TO THE CARRYING OUT OF SAME (PERHAM RANCH) WHEREAS, at a Regular Meeting of the Board of Directors held on Friday, May 30, 1975 (adjourned from May 28 , 1975) the Board of Directors adopted its Resolution No. 75-9 approving a Stipulation for Entry of Judgment in Midpeninsula Regional Park District, Plaintiff, versus Francis Bell Perham, et al, Defend- ants, Santa Clara County Superior Court No. P26341, to be a fair and appropriate disposition of the issues in said legal action, and WHEREAS, subsequent thereto counsel for the District made certain clerical changes in said Stipulation to reflect the pre- vious agreement of the parties, a copy of said Stipulation dated May 30, 1975 as finally filed with the Court being on file with the Secretary of the District at the offices of the District and by reference made a part hereof , NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Park District does hereby resolve that said Stipulation for Entry of Judgment dated May 30 , 1975 as filed with the Court is hereby approved, ratified and confirmed, and counsel for the District, John H. Tallett and Stanley R. Norton, the General Manager and other officers and employees of the District are authorized to take all acts necessary to carry out the terms of said Stipulation. LAW OFFICES 1 WARE & FREIDENRICH A PROFESSIONAL CORPORATION 2 525 UNIVERSITY AVENUE PALO ALTO. CALIFORNIA 94301 TELEPHONE (415) 328-6561 3 4 5 ATTORNEYS FouDefendants PERHAM and SHOEMAKER 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA i0 11 MIDPENINSULA REGIONAL PARK ) DISTRICT, a body corporate and ) 12 politic, ) No. P 26341 ) 13 _ Plaintiff, ) STIPULATION FOR ENTRY -vs- ) OF JUDGMENT 14 ) FRANCIS BELL PERHAM, et al. , ) 15 ) Defendants . ) 16 ) 17 18 IT IS HEREBY STIPULATED by and between the plaintiff, 13 IYMIDPENINSULA REGIONAL PARK DISTRICT (hereinafter called 20 "District") , and the defendants, FRANCES BELL PERHAM (hereinafter 21 called "Frances") , GEORGE SHELTON PERHAM, JR. , ARTHUR FRANCIS 22 PERHAM (hereinafter called "Arthur" ) , JANE PERHAM SHOEMAKER, 23 DIANA M. PERHAM, ANN C. PERHAM, acting by and through their 24 respective counsel, as follows: 25 1. Findings of fact and conclusions of law are 26 hereby waived. -1- 1 2. That judgment may be made and entered substantially 2 in the form of judgment annexed hereto and marked Exhibit "A" . 3 3. That defendant FRANCES shall be granted a life 4 estate in the private residence presently occupied by her, con- 5 sisting of a single family home, garage and adjoining cottage 6 situated upon two acres, more or less, the outer perimeter of 7 wh" ch is established by a standing fence surrounding the premises* 8 In consideration therefor, defendant FRANCES shall pay to the 9 District the sum of $100. 00 per month commencing the first day 10 of the month immediately succeeding the entry of this Stipulation 11 for Entry of Judgment (hereinafter referred to as "Stipulation" ) . 12 (a) With respect to the foregoing, FRANCES shall 13 maintain the property in substantially the same condition that 14 it has been maintained to date, and all maintenance of whatever 15 type or description, including, but not limited to, the need 16 for improvements to be made from time to time, shall remain the 17 exclusive burden of defendant FRANCES, and she shall be 18 responsible for all utilities, including gas, electricity and 19 water. 20 (b). In the event defendant FRANCES shall die or 21 otherwise vacate or abandon the premises, the property shall 22 automatically revert to the DISTRICT and the monthly obligation 23 in the amount of $100. 00 shall immediately cease and terminate. 24 For purposes of this paragraph, the premises shall be deemed 25 abandoned by FRANCES if she (i) shall fail to continuously 26 occupy the premises as her principal residence or (ii) shall LAW OFFICES IIVARE& FREIDENRICH A PROFESSIONAL CORPORATION PALO ALTO OFFICE CENTER S2S UNIVERSITY AVENUE -2- PALO ALTO, CALIF. 94201 for reason of illness or disability fail to occupy the premises 2 f6r a period of six (6) consecutive months. FRANCES must 3 personally occupy the property and she shall not have the right 4 to assign or sublet occupancy of the principal private residence 5 during the term of life estate; provided nothing herein shall 6 prevent FRANCES from assigning occupancy of the cottage to such 7 persons as she may designate for purposes of providing caretaking, 8 nursing, or other like or similar services. 9 4 . That defendant ARTHUR and all immediate members 10 of his family shall be permitted to continue occupancy of the 11 private residence which he and his family presently occupy, 12 consisting of a single family home and detached garage situated f 13 upon two or more acres, the outer perimeter of which is fixed 14 by a standing fence surrounding the property. The permission 15 to occupy the premises is for the purpose of providing time for 16 said defendant to relocate himself and his family, including I 17 the ranching operation. The permission to remain in the property 18 shall continue in effect and uninterrupted for a term not to 19 exceed twelve (12) months after entry of judgment. However, 20 after entry of judgment, defendant ARTHUR shall make reasonable 21 efforts to relocate within six (6) months from the date of entry 22 of judgment herein. 23 (a) Commencing ninety � (90) days after entry of 24 judgment herein, defendant, ARTHUR shall pay to the District as 25 rental for the exclusive use and occupancy of the residence, 26 garage and other improvements appurtenant to his ranching LAW OFFICES WARE& FREIDENRICH A PROFESSIONAL CORPORATION PALO ALTO OFFICE CENTER S2S UNIVERSITY AVENUE -3- -PALO ALTO.CALIF. 94301 (415) 326-6561 F I operation the sum of $500. 00 per month. 2 (b) ARTHUR shall have during the term of his 3 occupancy the exclusive right to use and occupy the office 4 situated in the construction warehouse, including the right to 5 use and occupy all remaining portions thereof as storage for 6 personal effects, ranch tools and equipment, rolling stock 7 and like and similar personal property. 8 (c) Defendant ARTHUR may employ and retain on 9 such terms and conditions as he may determine the John Anderson 10 Family as employees to assist him in the management of the 11 cattle and other responsibilities and burdens attendant upon 12 the maintenance of his ranch operation during the continuance 13 of his occupancy. The rental obligation heretofore referred 14 in paragraph 4 (a) above includes rental for the occupancy of 15 the caretaker ' s cottage and appurtenances thereto by the John 16 Anderson Family during the period of ARTHUR' s continued 17 occupancy of the property. 1$ (d) That ARTHUR may employ and use all reasonable 19 means to maintain and keep the property free of trespassers, 20 intruders and other persons not otherwise lawfully upon the 21 premises, including, but not limited to, the retention of local 22 enforcement agencies and DISTRICT personnel for this express j 23 purpose. j 24 (e) ARTHUR shall use ordinary care for the ( 25 preservation of all the fences, barns and improvements related I 26 to the ranching operation, and shall repair all deteriorations LAW OFr10E9 e WARE& FREIDENRICH (A PROFLSSIONAL CORPORATION PALO ALTO OFFICE CENTER - 6I5 IINIVEROITY AVENUE -4- „PALO ALTO, CALIF, Z4201 WS) 32a-6661 1 or injuries caused by his want of such care or by the want of 2 ordinary care of his agents, servants, employees and invitees. 3 Nothing contained herein shall be deemed or construed an 4 obligation on the part of ARTHUR to make any capital improvement 5 upon the property or any improvement situated thereon, nor 6 shall ARTHUR be obligated to repair and/or restore any improve- 7 ment lost or destroyed during the term of his occupancy for 6 reasons beyond his control. 9 (f) Until such time as ARTHUR and his family 10 shall have vacated the property and the herd of cattle shall 11 be relocated, entrance upon the property shall be monitored 12 and controlled by the advance permit system to be applied and 13 enforced by the DISTRICT; and, in connection therewith, the 14 DISTRICT shall, unless ARTHUR otherwise requests, post and 15 cause to be posted notices at *or near the St. Joseph' s, Mora 16 Drive and Ravensberry Avenue entranceways to the property 17 substantially to the effect that a permit is required. 18 5. ARTHUR shall defend and indemnify the DISTRICT 19 against all claims, liability, loss and expense by reason of 20 injury to person or property or =both, including without limita- 21 tion injury to the person or property of DISTRICT, its agents, 2 employees,2 officers and em to , arisingout of the use or misuse of 23 the property by ARTHUR, his agents, servants and/or employees; 24 provided, however, that this covenant shall not apply to injury 25 to person or property resulting from the act or omission of 26 the DISTRICT, its agents, servants and employees, while in LAw orrices WARE& FREIDENRICH I.A►11OFE11S1ONAL CORPORATION PAW ALTO OrFICE CENTER 1 $25 UNIVERSITY AVENUE -5- , l..�PALO ALTO. CALIF.94301 (415) 32B-6561 0 1 6 . The DISTRICT shall defend and indemnify FRANCES 2 and ARTHUR and their respective servants, agents and employees, 3 against all claims, liability, loss and expense by reason of 4 injury to person or property or both, including without limita- 5 tion injury to the person or property of ARTHUR and FRANCES, 6 their agents, servants and employees, arising out of the use 7 or misuse of the property by the DISTRICT, its agents, servants, 8 employees or express invitees during the term of the life estate 9 of FRANCES or occupancy of ARTHUR, as the case may be . 10 (a) The DISTRICT shall at its own cost and expense 11 procure and maintain during the term of occupancy by ARTHUR and 12 the life estate of FRANCES, whichever is longer, a comprehensive 13 public liability insurance policy covering the property of which 14 the DISTRICT is owner with limits of not less than $300,000 for 15 injury to any one person, $500,000 for injury to two or more 16 persons arising out of the same accident, and $50, 000 for 17 property damage. Such insurance shall be procured from an 18 insurer authorized to do business in the State of California 19 and rated triple-A or better in Best' s Insurance Reports. 20 (b) DISTRICT shall, effective upon the entry of 21 judgment, secure and obtain from a good and responsible company 22 or companies doing business in the State of California and 23 maintain during the entire term of the life estate or the 24 occupancy by ARTHUR, whichever is longer, the following 25 insurance coverage: fire and extended coverage insurance in 26 an amount not less than 80% of the value of the private LAW OFFICES WARE&FREIDENRICH A PROFESSIONAL CORPORATION t •ALOI ALTO OFFICE CENTER ^7 02S UNIVERSITY AVENUE - (- AALO ALTO, CALIF. 94301 (415) 329.GSSI I 1 residences to which paragraphs 3 and 4 hereof refer and other 2 improvements appurtenant thereto, provided that insurance in 3 that percentage can be obtained; and, if not, then to the 4 highest percentage that can be obtained less than 80% . 5 (c) In the event of loss due to any of the 6 perils for which DISTRICT has provided insurance, each party 7 shall look solely to its insurance for recovery. DISTRICT, 8 on the one hand, and FRANCES and ARTHUR, on the other hand, 9 grant to each other, on behalf of any insurer providing insurance 10 to either of them with respect to the subject premises, a waiver 11 of any right of subrogation which any such insurer of one party 12 may acquire .against the other by virtue of payment of any loss 13 under such insurance. 14 (d)' Proceeds from any such policy or policies 15 shall be payable exclusively to the DISTRICT. In the event of 16 a total destruction of either privato residence to which para- 17 graphs 3 and 4 refer, the life estate and/or the right of 18 occupancy, as the case may be, shall immediately terminate and 19 the DISTRICT shall thereafter be released from any and all 20 obligations of whatever type or description thereafter accruing 21 according to the terms hereof. As used herein, "total destruc- 22 tion" means any destruction which renders the premises totally 23 unusable for either FRANCES s or ARTHUR s purposes as a residen- • 24 tial dwelling. On the other hand DISTRIC T shall at its sole 26 cost and expense, upon receiving written notice from either 26 FRANCES or ARTHUR, as the case may be, to so rebuild or restore tAiti 8fft6fs .ACRE& FREIDENRICH A M64i'Lst6kAC CORPORAnoN ftkb AETO 60h&E CENTER .$21 bJ46:(ai% ?AVif'UE -8- 6Ato AEic. GA00. 94301 KIM 11th-6W $ I to the present condition the leased premises destroyed in part 2 by fire or other insured casualty, rebuild or restore to the 3 present condition the residential premises destroyed in part. 4 As used herein "destroyed in art" is an destruction other Y P Y 5 than a total destruction as hereinbefore defined. Neither 6 FRANCES nor ARTHUR, as the case may be, shall be liable for any 7 rent hereunder from the time of such destruction until the 8 premises are restored by the DISTRICT as herein provided and 9 rent accruing during such period shall be deducted from the total 10 rent herein to be paid. In the event that either FRANCES or 11 ARTHUR, as the case may be, shall continue to use the premises 12 after such partial destruction during the period of restoration 13 by DISTRICT, he or she, as the case may be, shall be liable only 14 for a proportion of the rent or life estate consideration, as 15 the case may be, payable during such period, to be based on the 16 extent to which the destruction and restoration interfere with 17 the ordinary use of the leased premises. Proceeds from any such 18 policy or policies shall be payable to the DISTRICT, and FRANCES 19 and ARTHUR hereby waive and disclaim any interest in the whole or 20 any part of such proceeds paid according to any policy obtained 21 pursuant to the terms of this stipulation. 22 7. John Anderson, Hanna Anderson, Myrtle P. Hartnett, 23 John D. Ferguson, and Mark S. Ferguson, and each of the i g 24 defendants in this action shall be entitled to relocation 25 assistance to the extent permitted under the Relocation 26 Assistance Act, Section et seq. of the Government Code, LAW Or"CEe WARE& FREIDENRICH except that, in the event FRANCES shall occupy and A PROFESSIONAL CORPORATION PALO ALTO OFFICE CENTER ` 623 LINIVERSITV AVENUE _ _ PALO ALTO. CALIF. 94201 441S) 326-6561 , 1 continue to occupythe private residence to whichparagraph 3 P 2 refers for a period in excess of one (1) year from date of 3 entry of judgment, her entitlement, if any, to relocation 4 assistance under the Relocation Assistance Act shall be deemed 5 waived. 6 8. Subject to the rights of occupancy made part 7 hereof, including, but not limited to, the life estate to which 8 paragraph 3 refers, the DISTRICT shall have unlimited access 9 to the property for its staff and Board of Directors; and 10 defendants will further cooperate with the DISTRICT with respect 11 to reasonable public access to the property, except the private i 12 residences to which paragraphs 3 and 4 refer. 13 9. That the judgment to be entered pursuant to this 14 stipulation shall be entered not later than June A, 1975; in 15 the event that the full judgment award is not deposited with 16 the Clerk of the Court by that date,- the DISTRICT will deposit 17 not less than the amount of the delinquent and unpaid taxes, 18 including any penalties, interest and assessments on that date, 19 and any unpaid balance on the judgment award shall bear interest 20 at the legal rate of 7% per annum and shall be deposited with 21 the Clerk of the Court on or before July 3, 1975. Upon the 22 deposit of funds for taxes, penalties and assessments, the 23 Court is authorized to enter an order directing payment of • 24 that sum to the Tax Collector for the County of Santa Clara. 25 10. This stipulation shall be immediately effective 26 ***** LAW Orricce WARE& FREIOENRICH A PROFESSIONAL CORPORATION MLO ALTO OFr10E CENTER 525 UNIVEROITY AVENUE _10 PALO ALTO. CALtr. 94301 (415) 328-656/ v 1 upon entry of the Judgment substantially in the form annexed 2 hereto as Exhibit "A" . 3 Dated: May 30, 1975 . 4 MIDPE14INSULN REGIONAL PARK DISTRICT 5 By John H. Tallett 6 John H. Tallett t . 7 By Stanley R. Norton 8 Stanley R. Norton 9 10 Frances Bell Perham Approved as to form. FRANCES BELL PERHAM 11 ROGERS, VIZZARD & TALLETT 12 George S. Perham, Jr GEORGE SHELTON PERHAM, JR. 13 By John H. Tallett John H. Tallett 14 Arthur Francis Perham ARTHUR FRANCIS PERHAM 15 Stanley R. Norton Stanley R. Norton 16 Jane Perham Shoemaker Attorneys for Plaintiff JANE PERHAM SHOEMAKER 17 18 Diana M. Perham WYLIE, LEAHY, BLUNT & DIANA M. PERHAM 19 McBRIDE 24 By Richard J. Wylie Ann C. Perham Richard J. Wylie ANN C. PERHAM 21 WARE & FREIDENRICH - 22 A Professional Corporation B Leonard Ware 23 y Leonard Ware 24 Attorneys for Defendants 25 26 LAW arFICES ° WARE& FREIDENRICH --11- A PROFESSIONAL CORPORATION •ALO ALTO OFFICE CENTER S25 UNIVERSITY AVENUE PALO ALTO. CALIF. 94301 4415) 328-6561 + LAW OFFICES ti 1 'WARE & FREIDENRICIi A PItOFFSSIONAL CORPORATION A 525 UNIVERSITY AVENUE 2` + PALO ALTO, CALIFORNIA 04301 TELEPHONE 4416) 320-0561 5 ATTORNEYS FOR Defendants PERHAM and SHOEMAKER 6 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CLARA 10 11 MIDPENINSULA REGIONAL PARK } DISTRICT, a body corporate and 12 politic, ) No. P 26341 13 Plaintiff, } -vs- ) JUDGMENT 14 } FRANCIS BELL PERHAM, et al. , } 15 } Defendants 16 } 17 18 This cause came On regularly for trial on May 19 , 19 1975, in Department 8 of the above-entitled Court, the Honorable 20 Edward A. Panelli, Judge, presiding, sitting without a jury. 21 Plaintiff appearing by attorneys ROGERS, VIZZARD & TALLETT, 22 by JOHN H. TALLETT, and STA14LEY R. NORTON, and defendants 23 appearing by attorneys WYLIE, LEAHY, BLUNT & McBRIDE, by 24 RICHARD J. VTYLIE, and WARE & FREIDENRICH, A Professional 25 Corporation, by LEONARD WARE, and evidence both oral and 26 documentaryhaving been resented b all parties, findings of 9 P EX110T "A" g r Y i t 1 � � fact and conclusions of law having been waived, and good cause 2 appearing therefor, ' IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the 3 4 total just compensation for the property described in the 5 Complaint, including all improvements thereon and appurtenances * 6 thereto, is the total sum of $1,485, 000. 00. 7 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon 8 payment into Court for the benefit of the defendants, FRA'ICES 9 BELL PERHAM, GEORGE SHELDON PERHAM, JR. , ARTHUR FRANCIS PERHAM, 10 JANE PERHAM SHOEMAKER, DIANA M. PERHAM, ANN C. PERHAM, and 11 the Tax Collector for the County of Santa Clara, the sum of 12 $1,485, 000. 00, as their interests may appear, the property 13 described in plaintiff' s Complaint, including all appurtenances 14 and improvements to the land, shall be condemned to the plain- 15 tiff in fee simple absolute for public park, open space and 16 recreational purposes. i 17 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that 18 defendant, FRANCES BELL PERHAM, shall have a life estate in 19 the private residence on the property described in the Complaint 20 presently occupied by her, consisting of a single family home, 21 garage and adjoining cottage situated upon two (2) acres, more 22 or less, the outer perimeter of which is established by a 23 standing fence surrounding the premises, and that as partial 24 consideration therefor she shall pay to the plaintiff the sum 25 of $100.00 per month commencing on the first day of the month 26 immediately following entry of judgment herein. The additional LAW OrPICEe ' ARE& FREIDCNRICH PROPE..IONAL CORPORATION IPALO ALTO OrrICC CENTER P� ' 6t. UNIVCR.ITY AVENUE • —2— ^W.E`A.t�'[I, SAL•r. . I ' /.c/nl :rao•rccar • I r .terms of the life estate shall .be in accordance with the 2 stipulation of the ,parties. i 3 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 4 use for which 'the property is 'sought to be condemned, to wit, 5 public park, open space and recreational purposes, is authorized 6 by law and is a public use and that the taking and condemnation 7 is necessary for that public use. 8 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that 9 John Anderson, ,Hanna Anderson, Myrtle P. Hartnett, John D. 10 Ferguson, and Mark S. Ferguson, having filed disclaimers of 11 all right, title and interest in and to the property described 12 in the Complaint, have no interest in said property and are I 13 not entitled to any compensation by reason of the taking of 1.4 this property. t ! 15 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all 16 delinquent, current and unpaid taxes- or assessments, as well 17 as any interest and penalties accruing to the date of judgment 18 herein, shall be paid out of the judgment award to the Tax 19 Collector for the County of Santa Clara in accordance with 20 Section 4986 (b) of the California Revenue and Taxation Code. 21 IT IS FURTHER ORDERED, ADJUDGED AND ,DECREED that 22 the parties shall bear their own costs of this proceeding. 23 Dated: 24 25 JUDGE OF THE SUPERIOR COURT 26 LAW orricca ° . . • i ARE& FREIDCNRiCH P110111LOSIONAL CORPORATION HALO ALTO Orr10E CENTER 005 UNWCROITV AVENUE -3- ALA ALTO. CAL1r.94301 , I A-75-82 (Meeting 75-13, Agenda item No. 2) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM June 6, 1975 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Permit Standards Discussion: Attached is a memorandum (M-75-83) from J. Olson to me regarding Permit Standards. Also attached is a reso- lution needed to adopt them. Recommendation: It is recommended that the Board adopt the Resolution of the Board of Directors of the Midpeninsula Regional Park District Providing for a System of Permits for the Use of District Lands ("Permit Standards") . HG:acc AA, ieeting 75-13 , Agenda item No, 2) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM June 6, 1975 TO: H. Grench, General Manager FROM: J. Olson, Land Manager SUBJECT: Permit Standards Introduction: At the Board meeting of April 9 , 1975 , staff pre- sented a preliminary draft of Permit Standards as a portion of the regulatory ordinance proposal. Board approved the Regulatory Ordinance and directed staff to prepare a recommendation regarding Permit Standards. Attached is a minimally revised version of the Permit Standards, presented for Board action. Discussion: The proposed Permit Standards, which have been worked out in consultation with you and Stan, are intended to provide a general structure for the issuance of permits. Due to the var- iety of factors which influence individual sites, staff has not attempted to incorporate all conceivable permit eventualities within the generalized structure. When interim and long term use and management plans are developed for individual sites, an element of each plan will be a section on permits. Types of permits, quotas , special conditions, restric- tions, overnight camping, fires, fees, if any, etc. will be dis- cussed relative to the individual site. As a portion of the Public Communications Publications Subprogram, information sheets will be developed for each site. A summary of the use and management plan, permit requirements and special con- ditions associates with site use will be incorporated into these information sheets. Section "50. 0 Permits; Classification" allows for the establishment of different category permits. Listed below are the types of per- mits, a brief description of the nature of the category and some typical activities associated with the category. (a) Limited Purpose or Duration May be issued to organized groups or individuals for a period of time, generally not to exceed one day. M-75-83 Page two Typical Activities (1) Hiking or equestrian riding (2) Environmental education classes (3) Photography classes (4) Grass picnicking If a Ranger or other District employee encounters a person on District land without a permit and if the site is open to the public, the employee may, at his or her discretion, issue a permit for that day and inform the individual of District permit procedures. (b) Permits of Long Term Duration (up to one year) . May be issued to organized groups or individuals, gen- erally for a particular purpose and would include hold- harmless release to the District. Typical Activities (1) Hiking or equestrian riding (2) Environmental education classes (3) Moving of agricultural equipment across District land (4) Utility company access to facilities (5) Research projects - to be granted after a proposal for such project has been re- viewed and approved by staff (c) Telephone Request (for up to, say, five people, not to exceed one day' s duration) Permission to enter District land would be granted ver- bally by staff. A numerical code, which would be changed daily, would be given to individuals requesting permission to enter. Typical Activities (1) Hiking or equestrian riding (2) Photography (3) Grass picnicking (d) Permits for MRPD Board Members This permit would allow Board members access to all Dis- trict land during their tenure in office. Board members could lead groups of up to, say, ten people . Such a group could be comprised of representatives of other r M-75"-83 Page three public agencies, environmental study Students, press, potential donors of gifts to MRPD, etc. Adoption of these standards will provide a basis for staff de- velopment and implementation of permit administrative procedures and development of appropriate conditions associated with the use and management plan for each site. As reported at the April 9, 1975 Board meeting, permits will not be issued for a particular site until the use and management plan for that site is adopted, except in most unusual circumstances. Recommendation: As a first step in implementing the Permit system, it is recommended that the Board of Directors adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Park District Providing for a System of Permits for the Use of District Lands ("Permit Standards") . This action is pursuant to Section 200. 1 of "Regulations for Use of Midpeninsula Regional Park District Lands. " JO:acc 1 PERMIT STANDARDS i Midpeninsula Regional Park District June 11, 1975 10. 1 Short Title. The rules and regulations contained herein, including any amendments hereto, may be referred to as "Permit Standards. " 20. 0 Purpose. These Permit Standards are adopted pursuant to "Regulations for Use of Midpeninsula Regional Park District Lands" (Ordinance No. 75-1) to provide for a system of permits for the entry on or use of District lands and the issuance thereof, the exemption of certain lands or classi- fications of persons therefrom, and establishing other policies in connection with the administration of a permit system. 30. 0 Exempt Lands. No permit is required for the entry upon or use of the following District lands, or portions thereof, provided that District Land Regulations, the regulations or provisions of any sign or posted notice and the orders and instructions of any District ranger or other author- ized employee shall be obeyed: a. North Foothills Open Space Preserve b. Saratoga Gap Open Space Preserve C. Congress Springs Open Space Preserve 40. 0 Exempt Classes of Persons. No permit is required for the entry upon or use of District lands by the following classi- fications of persons: a. Officers and employees of federal, State, County, city and other local public agencies while acting in the course of their official duties. b. Any person entering upon District lands in an emergency for the immediate preservation of the life, health or safety of persons or wildlife or for the protection of property. C. Persons crossing District lands on an easement, when they are legally entitled to use of that easement. 50. 0 Permits; Classifications . The General Manager is authorized to provide for the issuance of permits in the following classifications and for the administration of such permit system: a. Permits of Limited Purpose or Duration. b. Permits of Long-Term Duration, up to one (1) year. C. Permits by telephone request. d. Permits for Board Members. 60. 0 Permits; Conditions . Reasonable conditions may be attached to any permit limiting the use of same as to time, dura- tion, land area, purpose, number of persons and other mat- ters necessary or appropriate to the responsible management or use of District lands . 70. 0 Permits; Revocation. Any District ranger or other authorized employee may summarily revoke or suspend any permit as to any person who commits a violation in the presence of such ranger or employee of the Regulations for Use of District Lands, or any federal, State, County or municipal law or ordinance. 70. 1 Hearing; Reinstatement. Any person who has had a permit so revoked or suspended may, within ten (10) days demand a hearing and review thereof. Upon receipt of such re- quest, the General Manager shall establish a time and place for hearing and give reasonable written notice thereof to all interested persons, including the person requesting review. At the hearing the General Manager shall receive evidence in such form as he or she sees fit. The General Manager may continue the hearing from time to time. Within three (3) days of the close of the hearing the General Manager shall render a decision and give notice thereof to all interested persons. His or her decision may include an order of reinstatement, conditional reinstatement, or an order confirming the revocation or suspension. The General Manager' s decision shall be final. 80. 0 Rees. The Board may from time to time adopt a schedule of fees for types of use of District land when additional management or operational cost is associated with that par- ticular use. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT PROVIDING FOR A SYSTEM OF PERMITS FOR THE USE OF DISTRICT LANDS ("PERMIT STANDARDS") The Board of Directors of the Midpeninsula Regional Park District does resolve as follows: Section 1 . This resolution is adopted pursuant to "Regulations for Use of Midpeninsula Regional Park District Lands" (Ordinance No. 75-1) wherein it is provided in Section 200. 1 that "The Board may by resolution, regulation or rule provide for a system of permits and the issuance thereof, the exemption of certain lands and classifications of persons there- from, and establishing other policies in connection with the administration of a permit system. " Section 2. The rules and regulations contained in the document captioned "Permit Standards, Midpeninsula Regional Park District" dated June 11, 1975, a copy of which is affixed hereto and by reference made a part hereof, are hereby adopted. Said rules and reg- ulations and any amendments thereto may be referred to as "Permit Standards. " R-75-14 (Meeting 75-13, AA Aar Agenda item No. 3) low, MIDPENINSULA REGIONAL PARK DISTRICT REPORT June 6, 1975 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Stevens Creek-Shoreline Nature Study Area Grant Application Introduction: The District was successful this fiscal year in receiving approval for about $100, 000 in federal Land and Water Conservation Funds to help finance the purchase of the Perham Ranch (Permanente Creek Park) . The deadline for new applications for the coming fiscal year is July 1, 1975. Since the District' s Basic Policy places some emphasis on seeking grants to supplement tax revenues, an application for a new project is being recommended. This acquisition project pro- posal is unofficially called the Stevens Creek-Shoreline Nature Study Area. It consists of 54 acres of marshland owned by Leslie Salt Company in the Mountain View-Sunnyvale baylands . Discussion: The Environmental Assessment and a draft of the narrative portion of the application which are attached describe the proposed project in detail. For some time now staff has been studying the baylands within the District to identify prime areas not yet committed to public acquisition. The pro- posed area is particularly significant because it lies on the border of the Mountain View and Sunnyvale city limits and can be of very direct benefit to the residents of those cities. Although the County and Mountain View are acquiring and develop- ing Mountain View-Shoreline Park, and the County, Sunnyvale and Santa Clara are doing a similar project in an area further re- moved from the bay, the emphasis in these needed parks is on developed recreational facilities. The proposed District pro- ject would provide public access to the baylands for the passive enjoyment and study of the natural scene. A similar type of experience is available in the nearby Palo Alto Baylands , but apparently is used nearly to capacity, and is not available to the public in the Mountain View-Sunnyvale area. The District could fulfill its mission as an open space agency in cooper- ation with the above jurisdictions which provide more developed recreational areas. The proposed baylands acquisition stands on its own as an open space resource and trails resource at the Bay end of Stevens R-75-14 Page two Creek. Although it could be readily tied to a longer trail inland along Stevens Creek, the two concepts are not inter- dependent. The District has already received permission from the Bureau of Outdoor Recreation to use the gift portion of the recent addition to the North Foothills Open Space Preserve as partial local matching funds for the baylands project, if the latter is approved. In this way the District could receive more than the customary 50% matching funds for the baylands acquisition. The amount of grant funds would depend upon later appraisals and upon the actual purchase price of the baylands parcel. One of the requirements in the application process is that the project conform to the master plan of the applicant. The Board has adopted essentially the Open Space Element of the County General Plan as the District' s Interim Master Plan. The proposed Stevens Creek-Shoreline Nature Study Area is in conformity with that Plan. However, the new Master Plan which the District has been developing in recent months shows, in its current interim stage, the project area more specifically and with a very high composite score. It would be helpful in the application if the Board took action at this time to adopt this as a new Interim Master Plan. As planned earlier, it would be subject to review by the public and by other agencies before final adoption. The plan maps, which are somewhat modified from previous versions, will be available for inspection at the June 11, 1975 meeting. Please note that there would still be opportunity for changes prior to circulation among other agencies and review by the public. Recommendations: It is recommended that the Board of Directors adopt the following: (1) the attached Resolution of the Board of Directors of the Midpeninsula Regional Park District Approving the Applica- tion for Land and Water Conservation Funds for the Stevens Creek-Shoreline Nature Study Area Project. (2) the Resolution of the Board of Directors of the Midpeninsula Regional Park District Adopting New Interim Master Plan of the Midpeninsula Regional Park District. It should be emphasized that a decision to apply for the grant is not a decision to purchase the property. That commitment might occur at a later date after, for example, a decision on the grant application is made by the Bureau of Outdoor Recreation and negotiations commence with the owner. HG:acc z STEVENS CREEK - SHORELINE NATURE STUDY AREA ENVIRONMENTAL ASSESSMENT Prepared for Midpeninsula Regional Park District April 29, 1975 By B. Crause i EVENS t'R I - i s � . � :: ��► -RE U® SALT �'',,' EVAP0RATjORS QL ') 1; / �+ opos�6\d u I sit {.�Or ---- P.I Sewage - -iDisposal / � F .BM 2 View 1 I RES i _'r _ -7L OHNTettN, I/ I 1 S DAPS L_� �'� a 11 +- �VI�FW CITY BO NDARY gal If \pj yam cH sroa -J BM' ROAD I� A ` �r"I_ �' STtRE - �._--�-�� _-�.--•� 15 �!"�''f .�\ C` ,:, )^ \..-'IQ> ��� �` 1 -Z-�! -,k6 MMES"_ I �r� 't + s• 25;;�z� I c� 3; ��'' East SQh v C7iliallriSC0�- ' Crittenden Sch � cooiEr $fin Ramon ,> 16 e' Palo Alta + PosEo, y� p� r \ / -o i`"w .. •� i 1 coc.vrr /}� a vvP /. �_f( ! Jai' -r r.T•� .�+^ CR �) \IT` lJ J �i CoYvt¢��_`__ g l\INl,�`�/� '�.:\ �"r •,I . �Rs+d 1.3_'� '� l Q�e �QI �\ .. •.�I i a �Ntu 1�� - I I Oz \�fJ'j %Sch el QfE�1 P-C ^l 1.7 t�. � _ P / N a\��//y��\ 31147 \\ 5' r- AIN `N� -' L i 1.7tat / ��•\, r l NA; GS 1.5 a' MOFFETT _T 4 RES F/ Y' r L'_... : �tio r4noNu�eFo FIELD GArB9Gn \ 4 {SF.ICE i < i ALV:50 M LPR 1 •''' /f ���h~/C�Fj7' --� (�1 � f.4 1.4 + r'� °=s 7 1 4 N SFESMER NAVAL AfR STATION. 1 Fj �`= I _ ✓ - •.\FosnruQ°' .7 iz ",et `,ty I & 1.5 a`. 2 o g: ##C. E E .vqy 1.6 G2 cgMi 30. .8 1.2 = Ag aw Ho¢ +- 1.7 I Erne •4: i .rE! _ / C ,....t�-.; v o <1.4 4 Vie b. ch!�\�r -` - -\. 1.5 �0 1.4 » EL.Y ° 3 Ff .4 oEnv3 eN Y 1-8 . ' \qL• �.. .9 w AVF. '( of A�t$ .4:7 qE, 4 .` 101 6 }y 1 n a _{�� LOS AIJUS I .� EL a W < a rl 117 13 ; � tationj 75. /• NITS._� ,_F,7 3 1.8< �' -- Stl al�i.r Y.. 1.2. w-, Gc LT .7 1.7 3.3 - z 2806 1.8 E i,aosan r� 4 q.\ 9 AEFD YrNN,s 1.3 FW- 1'1T" L„13 / �- -E.I.r:�1'f- �rf rto. o LrU2 - I.9 S .8 .65 y 1 i.7 $ I. x �"" ` r • -^�ST� Ga-l`n g/Atat10"'3.3 ? ?T ,,pro�� FREGONT 1.5 'S -E. >� JEL C- w REAL %r// _ `` °`T .4 '9 I.1 9 -IS S� to aT STEVENS CREEK - SHORELINE NATURE STUDY AREA ACQUISITION 1. Description of the Proposed Project The Midpeninsula Regional Park District (MRPD) is applying for funding through the federal Land and Water Conservation Fund program to enable the acquisition of a 53 . 9± acre parcel within the Mountain View Sphere of Influence, Santa Clara County (A.P.N. 15-36-41) . Although no specific plans have been formulated for the use of this land, the concept is to provide a low-intensive nature study area with interpretive programs while protecting a valuable and vanishing natural resource. The parcel is part of a large area of land owned by the Les- lie Salt Company. The San Francisco-based Trust for Public Lands presently holds an option for most of the Leslie land, exclusive of the parcel named in this acquisition proposal. The property is bounded on the south and east by Moffett Field Naval Air Station. Stevens Creek and the Mountain View Shoreline Regional Park are adjacent to the property on the west. Shoreline Regional Park is a large regional park planned to facilitate boating, golfing, picnicking, hiking, bicycling and equestrian trails, and other outdoor recreational activities. Moreoever, a trail corridor is proposed along Stevens Creek, linking the Stevens Creek Dam with the Bay. Also nearby is the San Francisco Bay National Wildlife Refuge. The property is within the jurisdictions of Santa Clara County, the City of Mountain View, the Bay Conservation and Development Commission (BCDC) and the U.S. Army Corps of Engineers. The Con- servation Element for the County of Santa Clara recommends the provision of ecological preserves, representing such natural communities as the salt marsh, by both the County and MRPD. 2. Description of the Environment This parcel represents a once vast biotic community that is rapidly decreasing throughout the State, the salt marsh. The marsh, which covers much of the property, supports a large bird population and provides a rich habitat for many small rodents, reptiles, amphibians and insects. A large variety of invertebrate species may also be found in the water and mud. Besides providing a large wildlife food source and waterfowl nesting area, these wetlands contribute significantly to the oxygen supply of both humans and animals, and function as climatic moderators. Ac- cording to the Policy Plan for the Baylands of Santa Clara County, cord grass, a species identified on the site, "greatly extends the beneficial effects of mudflats and open water by providing surface for smog absorption and for stabilization of temperature through evaporation. " could help to redistribute users of the nearby Palo Alto Baylands Interpretive Center which already operates at full capacity. The nature study area would be a desirable use in conjunction with both the proposed Stevens Creek Trail and the Mountain View Shore- line Regional Park. Loss of revenue would result from removal of this parcel from the tax rolls, approximately $5, 000. 00 at 1975 figures. Parking areas would have to be designated when user capacities are established. 4. Unavoidable Adverse Impacts The loss of revenue, disturbance to wildlife 'and parking prob- lems are all unavoidable adverse impacts discussed in Section 3 . 5. Mitigation Measures to Minimize Impacts Supervision of use would minimize disturbance of vegetation and wildlife, as well as create employment. Very low intensity use of the property should be designated. 6. Alternatives to the Proposed Project If this land were not acquired, salt evaporation operations could be performed; however, they are not expected to be profita- ble. The land could be filled and developed; however, structures would be seismically quite hazardous and the development would have a significantly negative impact on the vegetation and wild- life. Both of these alternatives would, however, continue to contribute revenue. 7. Relationship Between Short-term Uses and Long-term Productivity The project would, for the most part, enhance the long-term productivity of the baylands resource although it would preclude use of the land for salt evaporation. This latter use would probably not be significantly productive. 8. Irreversible Environmental Changes The land would be committed to open space uses, decreasing revenue, but preserving a natural resource. 9. Growth-Inducing Impacts There would be no significant growth-inducing impacts from this project. -4- The higher, drier, southern portion of this property supports a small grassland area that is intolerant of salt. Disturbance of this vegetational community often leads to intrusion by pickleweed. This hardy plant, which often forms associations with other vegetational types (particularly in low, wet or saline areas) , is abundant on the site. Along the levee, which serves as the property' s western boundary, a weedy, roadside vegetation that is typical of dis- turbed areas is found. Due to the scope of this assessment, a detailed biotic re- connaisance was not performed. However, based on previous studies of the surrounding baylands, this area serves as a vital refuge for a variety of wildlife which may include endangered species (e.g. , clapper rail, salt marsh harvest mouse) , in a rapidly urbanizing area. No historic/archeological assessment was made, although several sites have been identified as such in the area. As previously mentioned, this property had been part of a larger holding from which salt has been extracted by means of solar evaporation. It is no longer part of the series of ponds used for this evaporation process. It is difficult to predict the future of this property. In the years between 1947 and 1967 , 67% of the estuarine wildlife habitats in California were destroyed by dredging and filling, including over two-thirds of San Francisco Bay marsh habitat. These lands are now offered some protection by BCDC; however, this does not guarantee the future. This proposal would be in keeping with local and regional agency plans for future protec- tion of the baylands. 3. Environmental Impacts As this assessment is for acquisition only, specific use-type impacts are not addressed in detail. Even though public access and use of this land should be limited to the levee and, possibly, an observer island, the presence of humans inthis area will present some disturbance Vandalism and littering might also occur. However, the site' s proximity to the urbanized Mountain View area and to an air sta- tion at Moffett Field have already presented the major disturbance. Acquisition of this site would serve to protect this import- ant bayland resource and provide a valuable educational facility. Use of this land as a nature study/interpretive center would be consistent with both the existing land use in surrounding areas and proposed uses. Development of interpretive programs here -3- REFERENCES City of Mountain View, "General Development Plan - Shoreline Regional Park" , 1968. County of Santa Clara, "A Policy Plan for the Baylands of Santa Clara County, " 1972. County of Santa Clara, "A Plan for the Conservation of Resources" , an element of the general plan, 1973. State of California, Land & Water Conservation Fund Program Appli- cation Procedures, Part 1. Thomas, J.H. , Flora of the Santa Cruz Mountains, 1961. U.S. Department of Interior, "Master Plan for the San Francisco Bay National Wildlife Refuge, " 1974 . U.S.G.S. , topographical maps. White, Larry, City of Palo Alto, Department of Nature and Science, verbal communication. -5- DRAFT PART IV - PROGRAM NARRATIVE 1. objectives and Need for This Assistance The proposed MRPD acquisition is within planning district four of the California Outdoor Recreation Resources Plan (CORRP) . The relationship of this application to CORRP is outlined below under the relevant CORRP categories. (a) Statewide - Priorities for grants to local agencies from the Land and Water Conservation Fund (CORRP , p. 41) Priority No. 1. "Areas that will provide for pub- lic access to and protection, preservation or recreational use of ocean and bay frontage , tidal marsh, lagoons or estuaries . " The project provides for recreational trail access along Stevens Creek to San Francisco Bay and the preservation of natural tidal marsh. (b) Planning District 4 Needs and Deficiencies (CORRP, p. 129) . Within planning district 4 is included: " (1) recreation close to home; (2) Regional day use opportunities" and Ila pressing need in planning district 4 is for large open space areas within or near the urban centers . " The site is within two miles of the Bayshore Freeway (Route 101) which serves as a collector for the one half million people who are within one half hour ' s driving time of the site. (c) "Priority 2 Streams" (CORRP, p. 132) Stevens Creek is listed in CORRP as a resource for which "programs should be established to protect them from urban encroachment. " The acquisition would protect a one half mile segment of this creek from urban encroachment on the eastern side. The western side is a portion of the Mountain View Shoreline Park and is therefore already pro- tected. 2 . Results or Benefits Expected (a) Usage - The proposed project will make available a natur- al marshland environment to a wide spectrum of the public. A comprehensive management program will insure the long term pro- tection and preservation of this valuable resource - one of the i i Part IV - Prograo*arrative Page two last original marshes in the Bay Area. The site could currently benefit bicyclists and hikers and provide an excellent facility for environmental education. Interim planning would be aimed at expanding the existing project to include a more extensive trail system and interpretation program. Since this site is the last accessible marshland in the Mountain View-Sunnyvale area, and a significant part of the re- maining baylands of the Bay Area, it is imperative that it be preserved for future recreational and educational use. The project' s location adjacent to a heavily urbanized area indicates the facility will be utilized to a large extent by the residents of Mountain View, Sunnyvale, Los Altos, Santa Clara and Palo Alto. Its accessibility from the Stevens Creek Trail (Santa Clara County) , and the nearby Mountain View Shore- line Park, will also contribute to the facility ' s extensive use. Ample staging will be obtained by utilizing the adjacent levees belonging to the Santa Clara Valley Water District, the parking facilities proposed for Shoreline Park, and a public road, Crittenden Lane , which leads directly to the site. The developed trails and catwalks will allow adequate pub- lic circulation for hikers, bicyclists and those observing nature. Nature study will be a predominant use because of the unique characteristics of the marsh. Local agencies and public response have indicated a great deal of interest in establishing a nature preserve and study area on this site. The Environ- mental Volunteers and local school districts are urging the MRPD to acquire this bayland and will cooperate in establishing an environmental education program. The large usage of a simi- lar project, the Palo Alto Baylands Interpretive Center, is also indicative of the potential use of the facility. Over the past 100 years, most of the San Francisco Baylands have been altered beyond recognition. The proposed Stevens Creek bayland site is one of the last original bay margins. This is illustrated below by a historical baylands survey, showing the margins which existed in this area in 1857 . Because of this historical significance and the flora and fauna revealed in a recent environmental assessment, this project is viewed as a vital part in the preservation and availability of valuable marshlands for public use. 1857 1899 1962 ad _ > Zi . 4�t?F-]�N—���r .n _ fS•..a 3r � 1 s �`�Fz :�i" U.S.G.S . , Historic U.S . Geologic Survey U.S . Geologic Survey Margins of Marshland Part IV - Program Narrative Page three (b) Environmental Description - The bayside portion of this marsh is submerged. Only on occasions of very low tides does it reveal its upland shores. An area of tidal mudflat separates the submerged area from a region of mud, slough and drier land. As distance from the bay increases, the exposure to tidal action decreases, resulting in the furthermost land areas being covered by only the highest tides . Conversely the uplands areas are ex- posed to greater amounts of fresh water from rain and flooding. The natural gradation of exposure to the bay waters has a profound controlling effect on the flora and fauna. The submerged area is dominated by waterfowl . The majority use it as wintering grounds - Shoveler, Canvasback, Lesser Scaup and Pintail ducks, Eared Grebs and Great Blue Herons. Some are year-round residents, for example , the American Coot, Cinnamon Teal, Pied-Billed Grebe, and Black-Crowned Night Heron. The mudflat is typified by open mud and eel grass. This area is used by a vast array of wintering and resident shorebirds. The majority of the upland area is dominated by Pickleweed (Salicornia virginica) , Marshdodder (Cuscuta salina) and Alkali Heath (Frankenia grandiflora) . This area serves as the nesting site for resident birds suc as the Killdeer, American Avocet, Blacknecked Stilt and Cinnamon Teal. Of the three major areas of the marsh, the upland portion is the only one to support non- avian wildlife (excluding fish and invertebrates) . Mammals, reptiles and insects share this area with the avafauna. Typical species include Shrews, Black-Tailed Hare, California Ground Squirrel, Red-Bellied Harvest Mouse , California Vole, Western Fence Lizard, Gopher Snake and Pygmy Blue Butterfly. A study conducted by Dr. -James Heath of San Jose State Uni- versity indicates that this site is one of the few relatively undisturbed marsh areas in the entire south bay capable of re- verting to a natural state. 3 . Approach The project proposes the acquisition of a parcel of land (parcel one) comprising 53 . 9 acres for a regional recreation and nature study area. The site, when developed, will provide op- portunities for hiking and bicycle riding along Stevens Creek to San Francisco Bay and for environmental education, photography and other low intensity uses, along with long term preservation and protection of the marshland ecology. The gift portion of another parcel (parcel two) would be used as partial local match- ing funds. Part IV - Program Narrative Page four 4 . Geographic Location The site is adjacent to Stevens Creek, one and one-half miles due north of the intersection of the Bayshore Freeway and Stevens Creek. It is reached via Stierlin Road and Crittenden Lane. The area to be served by this project is the mid to south peninsula and southern bay area. Photos of the site and of an observation walkway similar to that proposed for the site are shown on the following page. 5 . Relationship Between Project and Other Federally Funded Work None. 6 . Agreements The MRPD will be responsible for operating and maintaining the site; an agreement will have to be entered into between the District and the Santa Clara Valley Water District to allow for use of the Stevens Creek levee from Crittenden Lane to San Fran- cisco Bay for recreational trail use. This agreement would be consistent with Santa Clara Valley Water District policy as evidenced by the attached Water District resolution and covering letter from John T. O'Halloran, General Manager. This resolution has been finally adopted by the Board of the Water District. 7 . Addresses (a) Midpeninsula Regional Park District Herbert Grench, General Manager 745 Distel Drive Los Altos, California 94022 (4 15) 9 65-4 7 17 (b) Jon Olson, Land Manager Midpeninsula Regional Park District 745 Distel Drive Los Altos, California 94022 (415) 965-4717 (c) Stanley R. Norton, Legal Counsel Midpeninsula Regional Park District 407 Sherman Avenue Palo Alto, California 94306 (415) 324-1366 (d) John Melton, Controller Midpeninsula Regional Park District 745 Distel Drive Los Altos, California 94022 (415) 965-4717 Part IV - Program Narrative Page five 8. Legislative District State Senate District No. 10 State Assembly District No. 21 9. Relocation None. 10. Overhead Utility Lines The site is crossed by a two wire wood pole line for a distance of approximately 1,500 feet along the southerly edge. There are four poles on the site. It is unclear whether the line is presently functional or a remnant of a system previously used on an adjacent parcel. If the site is acquired, the line should be rerouted and/or undergrounded so as to minimize visual pollution in the area. 1 �j I - - �• H t C> Part IV -� pr?gram Narrative Page Six o _ 1 YI• i. .l. J ` ~#,� .N,�.rL. _ .-..._... ;L �` H •. � 1. .. - n k4 d FIE 7 � 2 Z 7 M t 1 2 2 15 N A V m 1 0 I F t,"i:... FREMONT S A N PA XCISC. O - ---- �- y- P4rt41;1`7' Program Na r yLve Page J/eightXn L.T.!. too; 411� SHELL c.t ' �\ C�,lap \�!/7 '1` '•' Landing \ ✓ fty OR�AT0RS - --ij- ,!Faveseaocd E V�•P ' ?W �+:.i.l �I.s��= '., `�r, �9� a/y7%il' •c.! , ' Caiaueras\ ,'''�� '~ '��'-�� �'."—I ♦ P•_' CbT ri t .. j 'a CITY ROCti UARY y�•• _ >'' \` Pointl.� ; CQ.P O TE CH F.^ a ++1• i' al / - - MUD _ ;�- knY Al A?(ED1 CU� 1 tyy ^,'9W&O',{ryRim, •:S nd P _ t/ ,�Y 1\ ` +i_ .. '• .'-8oY"�-S.1�TA CLARA CO ',�•l� 4 �-''/ l '°? 'i�'� a Ca6`nt Sla. - 4 •f:: . • t P.A,1 '><: !j rv>rlCoaLn. fir: i -1 \A-3.O t - i_ _ SIB~l2 �:!'rwr,.••:�•••:a:: i. _l .irh- :>.GOts cw^SE t1y'•{ l[ •f! I h/, �_ �._..-�"� :i!• •: :.. i .""'"' � 4 �:+''�,�4.'�M •�^/,�� 'r�j�/�f.r'yt F_;y� 1 �'/ � ,i ��f(_e s �1•� • S•f•.t•.. 1 �• •.BN tt 4. 11�, '4 `�.:.J�_ `'--�:..�1 •�1'c� lJ 1 3 1 �� �-Jj A ��'e�l t•�j:• �•• :.� _ �w_> < i^y"t ib\ BM 2 •t Lt ✓��'•+'� - ���� w•t ba. '.'...::::•%�. "���! ,,.C' a e �• 1 ate' 1ky �- H!iU �• 1 ':V✓:•� 'I y• �. b `soo�1 7 Q���"'""";. ��,\'Lt.�.,N> Lng F( o ,•_ y Fao�! :� o! r-�_i rc}s h• a�:s �+s _ r •• - _ r �> �+a•r`,a r / -- i!`y ¢/• `,,� a tea.. ,�.. �-T 1,�a 1^ _.f'.-e �`t ` .•.•.•..•....... `s.. '.fie *•t-_ sh��V Rad-O I •\b G� /'.y r'/�` tt�la*�ti•r' �: G K. ; �„_- y+. 1- •;f_ +,c�M `o+r``•.af"•„f1 '� . •. • ao ��� ;...•.�4. r i rn•. in � l r• �•f/''^.� Ory ��� .i i '�•• � � �•r.lti .�� ��— ` -�.•+••+-a.•i.• • r>.T v �¢'.�� trtSti��l ,'•1 _tl J� e! ra{ _�6 •ti i •�.� `� �_,v,>, />1 / 1. SALT �Y j.� E V R J-J 0 R S Ali,. ... - m a: Eti J'}i,•cG y •'� <..• / �i�tir.��. :1{. ' �c. pa a Asa !! . n I 64 •S'i:.•:::::{ <e i,; `" e 33+1�f aaeP� o zt'r :�•` .' ,_•o soy Z-4 . � +X �., N r,F fir:"�••: �+���/e,'�!``l. N. sl.h `!Z „s` Z� d•,: � >'". r t: `- r-_�'` d _.!t'S,>�S3>��Cf•��r!•--,s7,' t� J".. �. Mrr� ��1�'"TI��''�� �S'; ,p yarRri "7-i,�i p x( s_��,:c_s.<i�•.'^. I -!'' \vacrl Iay-C`•'"�•. \ ,f:r .�. v'a �ro}.«° y 5�1:.o7awr� tj i rtl _jrr --- S t y�r1 +�� Tangy •L� r� a�rr "I�f>py ��r I A' �r �Jr 81[k f .�. + .a+ . 10 �_. - l � I .YaRQ < • (Brt�(" ,Eibeelef 1 (- II •"IGS+`�.(. f }� • ' • of ' .� f0.ri[url9.t! r-..a 4�-�� 14"'x+iM 3[ -i~�yei 4;r� e� .��S XVAt, AIi ST.tI tOK t-J a• +i salty 1 "J A� + rr„t r' • r,,a„ l.1 Ip�,�u� r. 1 Po.•1+ScE'-'�,�,�� i...•-- ys.� a 1 f • �i'�•.. tis ffP 'R'•`� �-�as �- �Y"-'-:7•,i 1... � �:M -. � 1 S:- ��p�✓�'�`p LI✓ .� F vw.:'''A { " t''�e, -••�> i �$1�. - r i AXE ' �` 61A is :•:', "•> ; '•'-,•:�s -` •= 1 li} �( ^�,a• P •sas V „� ,,�, -1 vo p-� 1PI RCH 'S '� Y J I f •, }.� ay i� /•r.s,o,ei�y�I>,,� C •;iG: •/---�,•� y 1 uYeR+ �1-..'Y'" �.uFF%TT 71e4W , I J •r-. - Oar }41 A,q�� .1•y nf. y' ���,.¢ ',�a 4'.a'+�r .� ..�.s.r 11 / ': P 15 as 1 •J ' , tw° 'K" ffu�r +.•� ..►Y'•t ,r //�1' s<'r a�i 15 ' ;..'-•7>a/ Y'� Z.. s �.!_ .`. �' � 2r` N� Cyk�r<,;�i+c��� �, �a = ok��•c^ ems :(` - ! � t. (\ 1 4. i•'A .,�pI+=1_ � < / i E�1r*''`��,4ti���\� •o s.''f� �',�.`�'���'ti°r��i� �nKw.h�or 4?s.:,a-i% �EM 3 � t, >I• r. ��" '•-r! a/+ �T�,...-�'� 3 X .�.L ,;{OSPI.ALv.a K' .i� ► �� y r+ t1 ¢yry j l =N,r� +J. °, �.; ll+r ALy,Z� i;"�rm�'• _ 1 jroy,_ .. / i Yo '�1 �s-n`IY,i==- .Teo•� "l"� ���%�� •�.,,,z.-e�y IJ;.r•..ei,./ �w hisnae �Q 4''a.ia�_ J'i"vAL�4 t- .�? lTi"ram-:l_ •�`' Hill )l a0�:' ��G \1�a�. r_.�°ems. •• ,.• �4 yi•3�>•� ,5'k,.r 2,-ram'' eo sehr i,%,t4p;�C' fP, C.rq r _ t' "' �»ll Lilt�'S 0� ,�TCYUO''���✓yIl�'• ` /.-- ^ ` I �y}sI r ='ti`' hflY lYJ7 �1F-r3 ! �e�•i'��.ri NgaY:�� Yry � �•�./ ` b_•r N.,.t}t`s y { •f .��". V �4 tP r4 '4 �(., l `,,y- '.- "'.LIB" '�:_' / ' s P if•'i�� / �i,.•. -J'�J �. .y�'�•3 ".L-t�!.c!�. � WL.:. "f"�l ilrl:Y -!-a _ �,t''a- �. f '• � • ..7* •`,• t:�:..ti /�:" . i1 �r� /�'.q�+�F. " `u'�i - T TTI r'rL�.4a ' <;•7 ���, r`r'.J !j`•r • '�' '-�-:2a-".� '� •��is^`'- •� a'rr•o• OR- _f2� \ FS'.4e(,Rgy o�.y�" '�a,�J'-S ?'��-` [',<t Sow �.i -} Co<>�I.. `a �;•.., ci.^ :r.s r.` Lsr7 1 �i.�:1":,.. - •'�`•--,Y:��;��'�;?�L��... `�. _.=-\:,"'F'-rw.f r,"s�l.s ''3'rtn+ C�+se•4.ei`�` �il.� A`s /.����.y ` �N`b�.r ...-,:u.,,`'_-� Project Area and Interelationship to 1 . Palo Alto' s Marshland Preserve Existing Bayland Parks and Interconnecting 2 . Mountain View-Shoreline Trail System. Park 3 . Sunnyvale-Santa Clara Baylands Park 4. South San Francisco Bay National Wildlife Refuge . . .Santa Clara County Proposed Trail System j Santa Clara Valley Water District 5750 ALMADEN EXPRESSWAY SAN 10SE, CALIFORNIA 95118 TELEPHONE (408) 265-2600 April 2, 1974 Mr. Herbert Grench EI P r General Manager Mid-Peninsula Regional Park District 745 Distel Drive Los Altos, California 94022 Dear Mr. Grench: The Board of Directors has confirmed its policy permitting joint public use of District facilities by recent adoption of Ordinance 74-1. This public joint use is predicated upon the proposed use being compatible with the basic District purposes and in line with its public duty. In order to provide for this public use it will be necessary that an agreement be formulated between the agency desiring to use our facilities and the District. The general terms of such an agree- ment would be in conformance with the attached proposed resolution, Declaring Policy Governing Joint Public Use of District Facilities, (revised March 26, 1974) . A draft of this resolution has been previously circulated among the cities, County, and other public agencies for review and comment. Based upon the comments received, the attached resolution has been formulated and will be considered for final adoption by the Board of Directors on May 7. You will note that this resolution still contains the requirement that a public hearing be held by the agency desiring the joint use; however, this requirement may be waived by the District for good reason upon request of the agency desiring to jointly use District facilities. Sincerely yours, John T. O'Halloran general Manager Attachment AN EQUAL OPPORTUNITY EMPLOYER ks amended 3/26/74 PROPOSED RESOLUTION NO. 74- DECLARING POLICY GOVERNING JOINT PUBLIC USE OF DISTRICT FACILITIES RESOLVED by the Board of Directors of Santa Clara Valley Water District that, it being deemed in the public interest to secure diversified uses of District property to the greatest extent compatible with the primary purpose of such property, it is hereby declared to be the policy of this Board that, upon conditions outlined below and others of like nature deemed necessary by this Board, the joint use of District facilities by properly empowered public agencies is favored. A. Such joint use shall not unduly interfere with the District' s use; B. The agency which it is proposed shall make such joint use will assume full responsibility for maintenance and policing of the use and full responsibility for damage or claim of damage of every kind resulting from the use and will further provide adequate public liability insurance coverage; C. The installation, maintenance and removal of improve- ments or structures necessary or convenient to the joint use shall be at the sole cost of the agency proposing such joint use; and D. The agency proposing such joint use will secure the Resolution Declaring Policy Governing Joint Public Use of District Facilities. comment and opinion of the adjacent property owners and of the affected community by public hearing and make a report of such comment as part of its proposal; provi(�Led, that the requirement of a public hearing may in any appropriate case be waived by the District. PASSED AND ADOPTED by the Board of Directors of Santa Clara Valley Water District, this (lay of 1974, by the following vote: AYES: Directors NOES: Directors ABSENT: Directors SANTA CLARA VALLEY WATER DISTRICT By: Chairman of the Board of Director!- ATTEST: VIOLET V. ENANDER Clerk of said Board of Directors -2- RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE STEVENS CREEK-SHORELINE NATURE STUDY AREA PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Con- servation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recrea- tion is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS , said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the State; and WHEREAS, Part V of said applications contains assur- ances that the applicant must comply with; and WHEREAS, said procedures further require the applicant to possess an adopted plan showing parks and recreation lands and facilities, existing and proposed; and WHEREAS, the District' s Master Plan was first adopted by the Board of Directors on June 11, 1975; and WHEREAS, the proposed Stevens Creek-Baylands Nature Study Area project appears on the District' s plan and is con- sistent with the California Outdoor Recreation Resources Plan; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Park District hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency understands the assur- ances in Part V of the application and certifies that it will comply with the regulations, policies , guidelines, and requirements, including office of Management and Budget circulars Nos. A-87 , A-95, and A-102 as they relate to the application. 3. Certifies that said agency has or will have match- ing funds and can finance 100 percent of the pro- ject, half of which will be reimbursed, and 4. Certifies that said agency meets the planning re- quirements and that the project is compatible with the land use plans of those jurisdictions immedi- ately surrounding the project; and 5. Appoints the General Manager as agent of the Dis- trict to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned project. {Meeting 75-13 , Agenda item No. 4) RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT ADOPTING NEW INTERIM MASTER PLAN OF THE MIDPENINSULA REGIONAL PARK DISTRICT The Board of Directors of the Midpeninsula Regional Park District does resolve to adopt, as a new Interim Master Plan of the District, that certain composite Master Plan map dated June 11, 1975 , a copy of which is on file with the Secretary of the District at the District offices. (Meeting 75-13, Agenda item No. 5) PLANNING POLICY COMMITTEE OF SANTA CLARA COUNTY => Room 314, County Administration Building, 70 West Hedding Street,San Jose, Calif. 95110(408)299-2521 May 28, 1975 Mrs. Katherine Duffy, President Midpeninsula Regional Park District 20637 Leonard Road Saratoga, CA 95070 Dear Mrs. Duffy: At its meeting on November 21 , 1974, the Planning Policy Committee voted to establish a Trails Subcommittee. The Subcommittee is to include knowledgeable people who are familiar with different subareas of the County, have regard for public and private landowners, and who can work well together. We, and those who will be serving, are very fortunate to have Mary Gordon, Palo Alto Planning Commissioner, as the Chairperson. The Trails/Pathways Subcommittee' s charge is to develop the Trails and Path- ways Plan and to advise the PPC on trail -related matters of countywide significance. We take this means to request that you appoint a representative of your agency who you feel would contribute to the development of appropriate countywide plans and policies for trails. We have communicated with Ms. Nonette Hanko who has expressed an interest in and is willing to serve on this committee. Please inform Jess Smith of the Santa Clara County Planning Department, 70 West Hedding Street, San Jose 95110, phone 299-2521 , of your appointment' s name, address, and phone number. Feel free to call him for any help. The first meeting for familiarization and general discussion is scheduled for: Thursday, June 19, 1975 at 7: 30 p.m. in the County Planning Department Conference Room, 70 West Hedding Street, San Jose Thank Y r you for our assistance. Y Very y yours, John E. Pate, Chairman JEP: JSS:da CAMPBELL CUPERTINO GILROY LOS ALTOS LOS ALTOS HILLS LOS GATOS MILPITAS MONTE SERENO MORGAN HILL MOUNTAIN VIEW PALO ALTO SAN JOSE SANTA CLARA SARATOGA SUNNYVALE SANTA CLARA COUNTY s C-75-12 June 11, 1975 Meeting 75-13 MIDPENINSULA REGIONAL PARK DISTRICT C L A I M S Amount Name Description 1106 $1,485, 000 . 00 County Clerk Condemnation deposit (Perham) 1107 589 . 83 Alco Paramount Electronic Corporation Radios 1108 101. 02 Norney' s Office supplies 1109 295.74 Curtis Lindsay Inc . Office furnishings 1110 560 - 00 Lisa Anderson Environmental assessment 1111 4 .13 San Jose Paint Office supplies 1112 9 .97 Universtiy Art Center Office supplies 1113 72.46 Dept. of General Process purchase order Services for truck 1114 130.17 Xerox Corporation Duplicating 1115 248 .04 Valley Reproduction Maps Services 1116 16.86 Pitney Bowes Postage 1117 262. 23 Pacific Telephone Telephone 1118 10 . 00 Stanley R. Norton May expenses 1119 5 . 50 C.P.R.S. District IV Meeting expense 1120 40 . 00 Carolyn Caddes Photographs 1121 242. 23 Klingel Court Reporters Depositions 1122 181 .88 William Spangle Consultation & Associates 1123 136 .00 State Compensation_ Initial premium Insurance Fund 1124 27 .90 R. Garcia Mileage 1125 214 . 59 Radio Shack Public address system I I C-75-12 June 11, 1975 Meeting 75-13 REVISED MIDPENINSULA REGIONAL PARK DISTRICT C L A I M S # Amount Name Description 1106 $1,485,000. 00 County Clerk Condemnation deposit (Perham) 1107 589 . 83 Alco Paramount Electronic Corporation Radios 1108 101. 02 Norney' s office supplies 1109 199-86 Curtis Lindsay Inc . Office furnishings 1110 56(). 00 Lisa Anderson Environmental assessment lill 4 .13 San Jose Paint office supplies 1112 9 .97 University Art Center Office supplies 1113 72.46 Dept. of General Process purchase order Services for truck 1114 130.17 Xerox Corporation Duplicating 1115 248 .04 Valley Reproduction Maps Services 1116 16.86 Pitney Bowes Postage 1117 262.23 Pacific Telephone Telephone 1118 10. 00 Stanley R. Norton May expenses 1119 5. 50 C.P.R.S. District IV Meeting expense 1120 40.00 Carolyn Caddes Photographs 1121 242. 23 Klingel Court Reporters Depositions 1122 181 .88 William Spangle Consultation & Associates 1123 1.36 .00 State Compensation Initial premium Insurance Fund 1124 27.90 R. Garcia Mileage 1125 214. 59 Radio Shack Public address system I MIDPENINSULA REGIONAL PARK DISTRICT C L A I M S # Amount Name Description 1126 $8 , 200 . 00 Donald H. Ashley Appraisal consultation 1127 1.O72 Western California Directory listing Telephone Company 1128 - 26.12 NEBS Office supplies 1129 57. 56 E. Jaynes Meal conferences $16.81 Mileage 40 .75 1130 20.55 D. Woods Mileage 1131 14 . 70 A. Crosley Mileage 1132 83 .93 Petty Cash Meal conferences $43 .58 Office supplies 26 .84 District vehicle 6 .90 Maps 5 .20 Postage 1.41