HomeMy Public PortalAbout19750611 - Agendas Packet - Board of Directors (BOD) - 75-13 Meeting 75-13
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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
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.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
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STEVENS CREEK - SHORELINE NATURE STUDY AREA
ENVIRONMENTAL ASSESSMENT
Prepared for
Midpeninsula Regional Park District
April 29, 1975
By
B. Crause
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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 _ >
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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
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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