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HomeMy Public PortalAbout19770511 - Agendas Packet - Board of Directors (BOD) - 77-14 I Meeting 77-14 I 0 MIDPENINSULA REGIONAL PARK DISTRICT I Regular Meeting Board of Directors A G E N D A May 11, 1977 7 : 00 P.M. j Midpeninsula Regional Open Space District 745 Distel Drive Los Altos , CA (7 : 0 0) ROLL CALL (7 : 05) EXECUTIVE SESSION - Personnel Matters (7 :30) APPROVAL OF MINUTES - April 27 , 1977 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA I ORAL COMMUNICATIONS i OLD BUSINESS WITH ACTION REQUESTED i (7 : 45) 1. Use and Management Plan and Initial Study for El Sereno Open Space Preserve - J. Olson (7 : 50) 2. Adoption of Revised Guidelines and Procedures for Evalua- tion of Environmental Impact of Projects and the Preparation of Environmental Impact Reports - S. Norton (a) Report (b) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Guidelines Pur- suant to California Environmental Quality Act as Amended (8: 10) 3. Status of Structures on Fremont Older Open Space Preserve - K. Duffy and D. Wendin NEW BUSINESS WITH ACTION REQUESTED (8:20) 4 . Status Report on Docent and Environmental Volunteers Programs and Recognition of Volunteers - J. Olson (8: 50) 5 . Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1977-1978 Fiscal Year - H. Grench (9 : 35) 6 . Plan to Borrow Money to Finance Land Acquisitions - J. Melton (a) Report (b) Resolution (over) l Meeting 77-13 Page two (10: 05) 7 . Report and Recommendations of the organizational Use Sub- committee - K. Duffy, N. Hanko and E. Shelley (10:35) 8 . Proposed Land Acquisition manager Job Description - H. Grench (10: 50) 9. Letter from Richard Childress Regarding Proposed Assess- ment District - H. Grench INFORMATIONAL REPORTS CLAIMS (11: 00) EXECUTIVE SESSION Land Negotiations ADJOURNMENT Written Communication (Meeti g 77-12) 00 --- �-- iol ..h /no s tom _ All- -- - -, -- _ �'"`- .. G Crum •�f.84•c, tiu, - QZ -w!v r: .01 WJML:£:JHzpn 4%1/77 ' t , P E T I T I 0 N FOR O THE MAKING OF ACQUI5IZIt)NS AND IMPROVEMENTS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS, AND WAIVER OF PROCEEDINGS U14DER " DIVISION 4 OF THE STREETS AND HIGHWAYS CODE REGNART ROAD LOCAL IMPROVEMENT DISTRICT To the Honorable City Council City of Cupertino Cupertino, California Members of the Council: The undersigned respectfully petition your Honorable Body and show as follows: 1. That they are all of the owners, as shown' on the Assessor's Roll or on the County Assessor' s records of the County of Santa Clara, on which general City taxes are collected, of more than 60% in area of all of the parcels of property within the proposed assessment district hereinafter described. 2. That you take proceedings and issue bonds pursuant to appropriate special assessment and assessment bond acts for the acquisitions and improvements set forth and described in Exhibit A attached hereto and by reference made a part hereof. 3. That you assess the cost of said acquisitions and im- provements together with the incidental expenses of said proceed- ings upon the district benefited thereby, which district is des- cribed as the exteriorboundaries boundar s of the composite and conso lidated area of all parcels of property more particularly shown on a map of the ,osed ro p district to be filed in the office of the Cit P Y Clerk, which indicates by a boundar,r, line the extent of the terri- tory included in the proposed district and which shall govern for all details as to the extent of said assessment district. 4. That the taking of proceedings under Division 4 of the Streets and Highways Code in .regard thereto is hereby waived. 5. It is the understanding of the undersigned that the method of apportioning the costs of said road improvements to the parcels of land within said assessment district (sometimes referred to as the method of assessment) will. be substantially as follows : (a) each parcel will be assessed on the basis of the number of dwelling units now existing thereon, if any , plus the number of such units , if any, which can in the future be construc- ted thereon pursuant to applicable laws, rules and regulations of the City of Cupertino (hereinafter called "units") ; (b) 80% of the costs of the Regnart Road improvements between the point at which said road leaves the Candy Rock sub- division, at the southerlyend thereof, and the point at which the existing graveled portion of said ,read enters the Nellis property (hereinafter called "Segment A") will be apportioned on a per unit basis to parcels on which there are or can be located units which connect or will connect to Segment A by private drives or roadways; �i (c) 100% of the costs of improvements of the cul-de- sac road extending northerly and westerly from Segment A at or near the place where the graveled portion of Segment A ccimnences (hereinafter called "Segment B") plus 5% of the costs of `segment A improvements will be apportioned on a per unit basis tc parcels on which there are or can be located units which connect )r will connect to Segment B by private drives or roadways ; (d) 100% of the costs of the road improvemer is beyond said point at which the existing graveled road enters the Nellis property (hereinafter called "Segment C") plus 15% of the costs of Segment A improvements will be apportioned on a per unit )asis to parcels on which there are or can be located units whi .-h connect or will connect to Segment C by private drives or roadwa} ;. 6. That the undersigned expressly authorize and ,.:onsent to, subject to the public hearirg process , exercise of your proper dis- cretion as vested in you pursuant to said acts to make changes and modifications in the improvements and acquisitions to be made and the boundaries of the assessment district, and changes in location of said improvements , or the specifications therefor, as may be determined, during the design stage of the project, by the Director of Public Works, to be required for satisfactory completion and/or functioning of said improvements. Respectfully submitted, . Name Address Date Assessor's Parcel No. Assessor's Parcel No. Assessor' s Parcel No. Assessor s Parcel No. k Assessor's Parcel No. Assessor's el No. i gip, fry.. i o a S a d- sl tis a i x - pp „ r E`CHIBI'T A a) The improvement of Regnart Road between the point at which said road leaves the Candy Rock subdivision , at the southerly end thereof, and the terminus of said road as hereinafter described, by the construction of a paved road twenty-four feet, more or less , in width (such road to be narrowed where required and insofar as feasible for preservation of trees and natural terrain) , together with street drainage facilities as required, said road construc- tion to consist of the following .for the following described portions of said road, to wit: 1) the portion therE!of upon which there is existing paving grading as required and asphalt overlay of the existing pavement; 2) the portion thereof upon which there is existing gravel sur- face - clearing and grading, as required, base pavement and asphalt wearing surface and retaining walls, as required; and 3) the portion thereof beyond said existing gravel surface (which portion shall include the opening and extension of said road, including branches therefrom which may be separately named, to the extent and at the locations required to provide public road service to dwellings which can in the future be constructed on the Nellis property pursuant to applicable laws, rules and regulations of the City of Cupertino) - grubbing, clearing and grading, as required, base pavement and asphalt wearing surface and retaining walls, as required; b) The acquisition of all lands and easements and the construction of all work auxiliary to and necessary to complete any of the above. i n .if Y EXHIBIT A '�r (Regnart Road Local Improvement District) ti s _..:,..,,.....—•--irk.. 1!_ ..... x i r o EXAMPLE OF APPLICATION OF THE METHOD OF ASSESSMENT Regnart Road Local Improvement District i If costs (including incidental expenses) and "connecting" units are as follows— Costs Units Segment A 14501500 * 30 Segment B 6 ,600 * 12 i. Segment C 185 ,100 * - 33 337,200 * 75 I i Then costs per unit would be-- I 4 Segment A units: 80% of 145,500 = $116 ,400 $116 ,400 30 - $3,880 per unit Segment B units : 100% of 6 ,600 - $ 6 ,600 plus 5% of 145 ,500 = 7,275 $13,875 5$13,875 �- 12 $l,l 6 per unit Segment C units: 100% of 185 ,100 - $185,100 plus 15% of 145 ,500 = 21 ,815 $206 ,925 $206 ,925 33 - $6 ,270 per unit * No cost, if any, included for right-of-way acquisition. I I M-77-71 (Meeting 77-14, *4 Agenda item No. 2) 36M 0 dmk MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 6, 1977 TO: Board of Directors FROM: S. Norton, Legal Counsel SUBJECT: Adoption of Revised Guidelines and Procedures for Evaluation of Environmental Impact of Projects and the Preparation of Environmental Impact Reports The following changes have been made in the District's CEQA guidelines and procedures based on my understanding of the Board' s action at its meeting of April 27, 1977 . 1. Title page, change the effective date from April 27, 1977 to May 11, 1977 . 2. Page 4d. Rephrase as requested. 3 . Page 4, "Significant Effect" . Make clear reference to Sections 15081 and 15082 is to State guidelines, not MROSD guidelines. (Copies of pertinent State guidelines enclosed. ) 4 . Page 4B. Delete second sentence as not pertaining to subject matter or purpose of paragraph "Lead Agency Determination" . 5. Page 5, paragraph 2. Delete as unnecessary under State guidelines. Staff will continue to use discretion regarding circulation. 6 . Page 5, C3 . Change Land Manager to General Manager. 7 . Page 5, Dl. Change "agencies" to "individuals" . (This error was apparently a typo. ) 8 . Page 6, d. Renumber as requested. 9 . Appendix A, add Categorical Exemptions title. M-77-71 Page two 10. Appendix A, page six, add Class 17 . Recommendation: It is recommended that the Board adopt the attached Resolution of the Board of Directors of the Midpen- insula Regional Open Space District Adopting Guidelines Pur- suant to California Environmental Quality Act. SN:jg RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING GUIDELINES PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AMENDED WHEREAS, the Board of Directors of the District adopted Resolution No. 74-6 on April 10 , 1974, a Resolution Adopting Guidelines Pursuant to California Environmental Quality Act, and WHEREAS, subsequent amendments to the California Environmental Quality Act and regulations pursuant thereto neces- sitate revision of the District's aforementioned Guidelines, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt those certain "Guidelines and Procedures for Evaluation of Environmental Impact of Projects and the Preparation of Environmental Impact Reports, Effective April 27, 1977, of the Midpeninsula Regional Open Space District, " a copy of which is affixed hereto and by reference made a part hereof. BE IT FURTHER RESOLVED that Resolution No. 74-6 dated April 10, 1974 is hereby superseded. GUIDELINES AND PROCEDURES FOR EVALUATION OF ENVIRONMENTAL IMPACT OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS Effective May 11, 1977 of the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 745 Distel Drive Los Altos, CA 94022 Introduction: These guidelines and procedures have been prepared for the evaluation of projects proposed by the Midpeninsula Regional open Space District , and preparation of appropriate environmental documents, pursuant to the California Environmental Quality Act of 1970 and its atten- dant Guidelines for Implementation of the California Environ- mental Quality Act (CEQA) , as amended by AB 2679 (Knox) , effective January 1 , 1977. The Open Space 'District Guidelines are patterned after the State Guidelines for Implementation, which are on occasion referred to in the text of these Dis- trict guidelines by the appropriate Section number. Goals : The goal of these guidelines is to assure that the District' s staff and Board of Directors will be fully and objectively informed of any potential environmental impacts , mitigations for reducing adverse impacts, and feasible alter- natives to a project, prior to its approval or denial. A further objective is to enable the District to properly balance environmental objectives and the policies of the State of California (set forth in Section 21001 of CEQA) with its own open space, economic and social objectives. Definitions: Definitions of the following words are set forth in Sections 15021 through 15040, inclusive, of the State Guidelines and are hereby adopted. Approval Person CEQA Project Categorical Exemption Public Agency Cumulative Impact Responsible Agency Discretionary Projects Significant Effect Emergency Environment Environmental Impact Report Environmental Impact Statement Feasible Initial Study Jurisdiction by Law Lead Agency Local Agency Ministerial Project Negative Declaration Notice of Completion Notice of Determination Some of the foregoing definitions are supplemented and/or included below so that the staff and the public will have a clearer understanding of their applicability to the Midpeninsula Regional Open Space District ' s (District) actions. Page two Approval shall ordinarily occur on the date that the District Board of Directors (Board) authorizes action, which if carried out, would either irrevocably commit the District to some legal duty to third parties that would be breached if the project were not carried forward, or, which if carried out, would result in construction or implementation of a significant portion of the ultimate project. Normally neither the budgeting of funds nor authorization of financial, scientific or other feasibility studies (See Section 15072) preliminary to commencing the ultimate project, whether by District staff or consultants , shall constitute approval. Emergency. A sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life , health, property, or essential public services. Emerg- ency includes such occurrences as fire, flood, earth- quake, or other soil or geologic movements , as well as such occurrences as riot, accident, or sabotage. Projects demanding immediate action in the case of an emergency are generally exempt from the requirements of CEQA. (See Appendix A, Categorical Exemptions) Environmental Impact Report. A detailed statement set- ting forth the matters specified in Sections 21100 and 21100.1; provided that information or data which is rele- vant to such a statement and is a matter of public record or is generally available to the public need not be re- peated in its entirety in such a statement, but may be specifically cited as the source for conclusions stated therein; and provided further that such information or data shall be briefly described, that its relationship to the environmental impact report shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building. An environmental impact report also includes any comments received during the mandatory review period, an index or table of contents, and a summary. A major intention of the recent amendments to CEQA was to maintain the informational strength of the EIR while shortening its length to increase its readability and hence, its effectiveness. In the case of the District, many of the informational requirements for an EIR will be satisfied by pre-acquisition reports and Land Use and Management Plans. Sections 15068.5 and 15140 (a - h) further amend and tailor informational requirements. (See Appendix B) J Page three Feasible.. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic environmental, social and technological factors. Initial Study. A preliminary analysis by the District to determine whether an EIR or a Negative Declaration must be prepared. (See form attached as Appendix C) Jurisdiction by Law. a) Jurisdiction by law means the authority of any public agency (1) to grant a permit for or provide fund- ing for the project in question, or (2) to exercise authority over resources which may be affected by the project. b) A city or county will have jurisdiction by law with respect to a project when the city or county is the site of the project, the area in which the major environ- mental effects will occur and/or the area in which reside those citizens most directly concerned by such environmental effects. c) Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed, it is also a responsible agency. Lead Agency. The public agency which proposes to carry out or approve a project which may have a significant effect on the environment. The Lead Agency has the principal responsibility for preparing environmental documents. Where two or more public agencies have an equal claim to be the Lead Agency, the public agencies may by agreement designate which agency will be the Lead Agency. In the event of a dispute in the designation of a Lead Agency, the State of California office of Planning and Research may resolve the dispute and designate the Lead Agency. Whereas a lead agency shall consider all effects of a project, both individual and cumulative, a responsible agency need only consider the significant effects of those activities, which it is required by State law to carry out or approve that are involved in a project for which a lead agency has prepared an EIR. Project a) An activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not mean each separate governmental process. Page four b) An activity directly undertaken by the District including, but not limited to public works construction, Land Use and Management Plans:, clearing and grading of land, and demolition or restoration of public or historic structures. c) An activity which is supported in whole or in part through public agency contracts, grants, subsidies, loans , or other forms of assistance from one or more public agency. d) An activity involving the issuance by,,,one- or- mare public agencies to a person of a lease, permit license, certi- ficate, or other entitlement for use. This would include leases issued for District properties, such as to grazing tenants. A project does not include: a) Any action specifically exempted under the list of Categorical Exemptions (Appendix A) b) Continuing administrative or maintenance activities , such as purchases for supplies, personnel-related actions: emergency repairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above) , feasibility or planning studies, ministerial projects. Significant Effect. Significant effect on the environment means a substantial, or potentially substantial , adverse change in any of the physical conditions within the area affected by the activity, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. (Sections 15081 and 15082 of the State guidelines give examples of consequences which may be deemed to have a sig- nificant effect, and mandatory findings of significances, re- spectively. Procedures: A. Project Determination. When the District proposes to carry out an action, the Land Manager or the Land Manager's designee shall determine whether or not the action constitutes a project. If the action does not constitute a project, a Notice of Exemption (Appendix D) will be filled out and placed on file at the Midpeninsula 4 Regional Open Space' District office, 745 Distel Drive, Los Altos, CA 94022. B. Lead Agency Determination. If the District is determined to be the Lead Agency, H will be responsible for envir- onmental review of an action and any necessary environmental documents. Final determination of the appropriate Lead Agency shall be made by the State Office of Planning and Research in the event of a dispute. Page five C. Initial Study 1. when a project determination for an action is affirmative, and for which the District is the Lead Agency, then an Initial Study shall be prepared by the District.* An Initial Study must be a written document containing informa- tion required by Section 15080 of the State Guidelines. (See Appendix C for format) The District staff will normally prepare the Initial Study, but in each instance the General Manager or the General Manager's designee shall consider the advisability of having the Initial Study prepared by a consultant (s) having appropriate expertise. 2. The Land Manager shall evaluate the effect that the project would have on the environment. a) If the project will have no significant effect, the Land Manager or his/her designee shall prepare a Negative Declaration. b) If the project may have a significant effect on the environment, the Land Manager or a consultant approved by the General Manager shall prepare a Draft Environmental Impact Report. 3 . The General Manager shall advise the Board at the earliest practible time of the Initial Study and its outcome. D. Negative Declaration. A Negative Declaration shall be prepared, subsequent to an Initial Study, for projects that the Land Manager has determined will not have a significant effect on the environment. The Negative Declaration shall be prepared according to the format provided in Appendix D. 1. Before adoption of a Negative Declaration by the District, the Land Manager shall consult all responsible agencies and consider any comments on the project. Notice shall be provided 5 days prior to the meeting at which the item is to be considered. Notice shall be given to all organi- zations and individuals that have requested such notice and to the public through one of the following methods; *Unless the District is able to determine that the project will have a significant effect without the preparation of an Initial study. Page six a) One publication by the public agency in a newspaper of general circulation in the area affected by the proposed project. b) Posting of notice by the public agency on and off site in the area where the project is to be located. c) Direct mailing to owners of property continguous to the project. 2. Under the following circumstances, a Negative Declaration shall be submitted for review to the State Clearinghouse, 1400 Tenth Street, Sacramento, California 95814 : a) When a Negative Declaration has been prepared by the District for a project where a state agency is a Responsible Agency or otherwise has jurisdiction by law with respect to the project. The review period shall be at least 45 days unless a shorter period is approved by the State Clearinghouse. b) Negative Declarations prepared pursuant to the National Environmental Policy Act (NEPA) and the Federal Guidelines. 3 . After completion of the Negative Declaration and the 5 day review period, the Board shall consider the proposed Negative Declaration at its earliest possible meeting. At the meeting the Board shall consider any verbal or written comments received, may request additional information, and may continue the item. The Board shall make a finding as to whether the project may have or will not have a significant effect on the environment and whether to file a Negative Declaration. The Board may require preparation of a draft EIR if it finds that the proposed project may have a significant effect on the environment. E. Environmental Impact Report. If the Board should decide that a project may have a significant effect on the environment, the staff or a non-staff consultant shall prepare a Draft EIR. 1. The Draft EIR shall contain the informational requirements in Appendix B. Before completion of the Draft EIR the District shall consult with all responsible agencies and any persons or organization it believes will be concerned with the project. Page seven 2. upon completion of the Draft EIR, a Notice of Completion (Appendix F) shall be filed with the Secretary for Resources by the District Clerk, who shall provide public notice of the completion at the same time by: a) Advertisement in a newspaper of general circulation in an area affected by the proposed project and/or posting the notice of completion on and off the site in the area where the project is to be located. b) Providing notice to all organizations and individuals who have previously requested it. c) Setting a public hearing on such Draft EIR by the Board at any regularly scheduled Board meeting at least 30 days after filing the Notice of Completion, the Land Manager shall advertise the scheduled public hearing in a newspaper of general circulation in the area where the project is to be located at least 13 days prior to the hearing. This may be done in conjunction with advertising of the Notice of Completion. Such advertisement shall specify the subject matter, purpose, time and place of the hearing and indicate where and how a draft EIR can be obtained or seen. d) Furnishing copies of the Draft EIR to the general public, upon request, for a reason- able fee not exceeding the copying cost. e) Sending copies to public agencies having jurisdiction by law, to Areawide Clearing- houses and to appropriate public libraries. 3. After a 30 day review period, and consideration of the comments received during that time, the Board shall certify that the final EIR has been completed in compliance with CEQA, and that it has considered the information contained in the EIR prior to approval of the project. This must be a consequential process. The the Board shall : 1) Approve the project as presented and authorize the District Clerk to file a Notice of Determin- ation (Appendix G) with the County Clerk of the county or counties in which the project will be located, and with the Secretary for Resources if the project requires discretionary approval from a State agency. If serious adverse environmental consequences have been identified in the EIR, a statement may be attached to the Notice of Determination which Page eight identifies the overriding consideration(s) that warrants approval of the project; or 2) Determine to alter the project, in order to mitigate any adverse environmental impact or any other appropriate reason, and determine whether a revised EIR is therefore required; or 3) Determine not to proceed any further with the proposed project. Statement of Overriding Considerations a) The District shall not approve or implement a project for which an EIR has been completed that identifies one or more significant adverse effects of the project unless the District makes one or more of the following written findings for each of those significant effects accompanied by a statement of the facts supporting each finding. (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the District. Such changes have been, or should be, adopted by such other agency. (3) Special economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. b) The findings required by subsection (a) shall be supported by substantial evidence in the record. c) The finding in subsection (a) (2) shall not be made if the District has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. Ratification by Board. Whenever the General Manager or an authorized representative shall present to the Board a find- ing or recommendation that an activity is not a project; or is exempt, or should receive a Negative Declaration, and the Board does not order a change in such finding or recommendation, as shown in the minutes of the meeting, then the recommendation shall be deemed to be ratified and approved by the Board. Page nine Waiver. At any time the General Manager or the Board may waive any requirement of these guidelines, provided said waiver is in the best interests of the District, does not operate to the material prejudice of the public, and does not conflict with applicable Federal or State law. Appendix A Categorical Exemptions Note: Except for the underlined examples , the information in this appendix is taken verbatim from the amended State Guide- lines which were adopted to implement CEQA. Underlined exam- ples in the text are provided for open Space District use and application. 15101. Class 1 : Existing Facilities. Class 1 consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: (a) Interior or exterior alterations involving such things as interior partitions , plumbing and electrical convey- ances ; (b) Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas,, sewage, or other public utility services; (c) Existing highways and streets, sidewalks , gutters, bicycle, and pedestrian trails-, and similar facilities (e.g. park roads and trails) except where the activity will involve removal of scenic resources including but not limited to a stand of trees , a rock outcropping, or an historic building. (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide-, or flood; (e) Additions to existing structures , provided that the addition will not result in an increase of more than 50% of the floor area of the structures before the addition or 2500 square feet, which ever is less; M Addition of safety or health protection devices for use during construction of or in conjunction with existing structures , facilities, or mechanical equipment, or topographical features including navigational devices; (g) New copy on existing on and off-premise signs; replacement of an existing sign; Page two (h) Maintenance of existing landscaping, nature growth, and water supply reservoires (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code) ; (i) Maintenance of fish screens , fish ladders , wildlife habitat areas, artificial wildlife waterway devices, streamflows , springs , and waterholes , and stream channels (clearing of debris) to protect fish and wildlife resources; (j) Fish stocking by the California Department of Fish and Game, open Space District stock programs approved by California Department of Fish and Game; W Division of existing multiple-family rental units into condominiums; (1) Demolition and removal of individual small structures listed in this subsection except where the structures are of historical , archeological or architectural significance. 1) Single family residence not in conjunction with the demolition of two or more units. 2) Hotels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures; 3) Stores, offices and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the demolition of two or more such structures. 4) Accessory (appurtenant) structures including garages, carports , patios, swimming pools, and fences. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. 15102 . Class 2 : Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facil- ities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50% . (b) Replacement of a commercial structure with a new structure of substantially the same size and purpose. (c) Replacement or reconstruction of a recreation staging Page three area or cluster which does not increase the capacity or area by more than 50% . 15103. Class 3 : New Construction of Small Structures. Class 3 consists of construction and location of single, new, small facilities or structures and installation of small new equip- ment and facilities , including but not limited to: (a) Single-family residences not in conjunction with the building of two or more such units. (b) Motels apartments and duplexes designed for not more than four dwelling units if not in conjunction with the building of two or more such structures. (c) Stores , offices and restaurants if designed for an occupant load of 20 persons or less, if not in con- junction with the building of two or more such structures. (d) Water mains , sewage, electrical , gas and other utility extensions of reasonable length to serve such construction. (e) Accessory (Appurtenant) structures including garages, carports , patios , swimming pools, and fences. 15104 . Class 4 : Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (a) Grading on land with a slope of less than 10% , except where it is to be located in a waterway, in any wetland, in an officially designated (by federal , state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping (c) Filling of earth into previously excavated hand with material compatible with the natural features of the site. (d) minor alterations in land, water, and vegetation on existing officially designated wildlife management areas of fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. (e) minor temporary uses of land having negligible or no permanent effect on the environment, including carni- vals, sales of Christmas trees , special group events, equestrian events . Page four (f) Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all State and regulatory agencies. 15105. Class 5 : Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations , except zoning, including but not limited to: (a) Minor lot line adjustments , side yard, and set back variances not resulting in the creation of any new parcel nor in any change in land use or density: (b) Issuance of minor encroachment permits, land use agreements, deed restrictions , concession permits. 15106. Class 6 : Information Collection. Class 6 consists of basic data collection research experimental management, and re- source evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information-gathering purposes , or as a part of a study leading to an action which a public agency has not yet approved, adopted or funded. 15107. Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies as authorized by State law or local or- dinance to assure the maintenance, restoration or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include, but are not limited to, wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. 15108 . Class 8 : Actions by Regulatory Agencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by State or local ordinance, to assure the maintenance restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption. 15109 . Class 9 : Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or alduteration of products. Page five 15110. Class 10 : Loans. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortages for the purchase of existing structures where the loan will not be used for new construction, and the purchase of such mortages by financial institutions. Class includes, but is not limited to, the following examples: (a) Loans made by the Department of Veterans Affairs under the Veterans Affairs under the Veterans FAt, m and Home Purchase Act of 1943. (b) Purchases of mortgages from banks and mortage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 15111. Class 11: Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial , industrial, or institu- tional facilities, including but not limited to: (a) on-premise signs; (b) Small parking lots. 15112. Class 12 : Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Govern- ment Code Sections 65041 et.seq. However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sale is exempt if: (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (b) Any of the following exist: 1) The property is of such size or shape that it is incapable of independent development or use, or 2) The property to be sold would qualify for an exemption under any other class of categorical exemption in Article 8 of these guidelines, or 3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. Page six 15113. Class 13 : Acquisition of Lands for Wildlife Conservation Purposes. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580 , and preserving access to public lands and waters where the purpose of the acquisition is to pre- serve land in its natural condition. 15114. Class 14 : Minor Additions to Schools. Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or five classrooms, whichever is less. The addition of portable classrooms is included in this exemption. 15116. Class 16 : Transfer of Ownership of Land in Order to Create Parks. Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archeological sites and either: (a) The management plan for the park has not been pre- pared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or arche- ological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site. (c) Merger with city of a district lying entirely within the boundaries of the city. 15117. Class 17 : Open Space Contracts or Easements. Class 17 consists of the establishment of agricultural preserves, the mak- ing and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to main- tain the open space character of the area. The cancellation of such preserves, contracts, interests, or easements is not included. APPENDIX B Content Requirements and Format for Environmental Impact Reports (ETR) Note: The requirements in this section are taken verbatim from the amended State Guidelines except where underlined. The underlined examples have been added to accentuate or clarify the guidelines in terms of District use, and will not be underlined in the adopted draft. 15140 . General: (a) Environmental impact reports shall contain the information outlined in this article. Each element must be covered, and when these elements are not separated into distinct sections, the document shall state where in the document each element is discussed. (b) Each report shall contain a brief summary of the proposed action and its consequences in language simple so that the issues can be understood by the average member of the lay public. The EIR shall also contain a table of contents or an index. (c) The information contained in an EIR shall include summarized technical data, maps, plot plans , diagrams, and similar relevant information sufficient to permit understanding and assessment of signif- cant environmental impacts by reviewing agencies and members of the public. Placement of highly technical and specialized analysis and data' in the body of an EIR should be avoided through inclusion of supporting information and analyses as appendices to the main body of the EIR. Appendices to the EIR may be prepared in volumes separate from the Basic EIR document, but shall be available for public examination and shall be submitted to all clearinghouses which assist in public review. (d) The EIR should be prepared using a systematic, interdisciplinary approach. The interdisciplinary analysis shall be conducted by competent individuals , but no single discipline shall be designated or required to undertake this evaluation. Preparation of EIR's is dependent upon information from many sources, including the engineer- ing project report and many scientific documents relating to environ- mental features. The EIR shall reference all documents used in its preparation including,where possible, a citation to the page and section number of any technical reports which were used as the basis for any statements in the EIR. (e) The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in an initial study as clearly insignificant and unlikely to occur need not be discussed further in the EIR unless the lead agency Page two subsequently receives information inconsistent with the findings in the initial study. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. 'Section 15080. 3 reads: The EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the�initial study. (f) An EIR shall contain a statement briefly indicating the reasons for determining that various effects of a project that could possibly be considered significant were not found to be significant and consequently were not discussed in detail in the EIR. The Initial Study should make such findings and, where it does, _ this requirement will be satisfied. (g) Drafting an EIR necessarily involves some degree of forecasting. While forecasting the unforeseeable is not possible, an agency must use its best efforts to find out and disclose all that it reasonably can. (h) If, after thorough investigation, a lead agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact. 15141. Description of the Project: The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. (a) The precise location and boundaries of the proposed project shall be shown on a detailed map, preferably topographic. The location of the project shall also appear on a regional map. (b) A statement of the objectives sought by the proposed project. (c) A general description of the project's technical , economic, and environmental characteristics considering the principal engineering proposals and supporting public service facilities. 15142. Description of Environmental Setting: An EIR shall include a description of the environment in the vicinity of the project, as it exists before commencement of the project, from both a local and regional perspective. Knowledge of the regional setting is critical to the assessment of environmental resources that are rare or unique to the region. Specific reference to related projects, both public and private, both existing and planned in the region, should be included, for purposes of examining possible cumulative impact of such projects. Page three 15143. Environmental Impact: All phases of a project must be considered when evaluating its impact on the environment: planning, acquisition, development and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. If they are not discussed separately, the EIR shall include a table showing where each of the subjects is discussed. (a) The Significant Environmental Effects of the Proposed Project: Describe the direct and indirect significant effects of the project on the environment, giving due consideration to both the short-term and long-term effects. It should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development) and other aspects of the resources base such as water, scenic quality and public services. Cumulative effects shall also be discussed when found to be significant. (b) Any Significant Environmental Effects Which Cannot be Avoided if the Proposal is Implemented: Describe any significant impacts , including those which can be reduced to an insignificant level but not eliminated. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the proposed, notwithstanding their effect, should be described. Describe significant impacts on any aesthetically valuable surroundings, or on human health. (c) Mitigation Measures Proposed to Minimize the Significant Effects: Describe significant, avoidable, adverse impacts , including inefficient and unnecessary consumption of energy, and the measures which are proposed by the project proponents to be included in the project and other measures that are not included but could reasonably be expected to reduce adverse impacts. This discussion shall include an indenti- fication of the acceptable levels to which such impacts will be reduced, and the basis upon which such levels were identified. Where several levels are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be identified. Energy conservation measures, as well as other appropriate mitigation measures , shall be discussed, when relevant. (d) Alternatives to the Proposed Action: Describe all reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate choice. The specific alternative of "no project" must also always be evaluated, along with the impact. The discussion of alternatives shall include alternatives capable of substantially reducing or eliminating any significant environmental effects , even if these alternatives substantially impede the attainment of the project objectives, and are more costly. li Page four * (e) The Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Long-Term Productivity: Describe the cumulative and long-term effects of the proposed project which adversely affect the state of the environment. Special attention should be given to impacts which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, should be explained. * (f) Any Significant Irreversible Environmental Changes Which Would be Involved in the Proposed Action Should It Be Implemented: Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to a nonaccessible area) generally commit future generations to similar uses. Also irreversible damage can result from environmental accidents associated with the project. Irreversible commitments of resources should be evaluated to assure that such current consumption is justified. (g) The Growth-Inducing Impact of the Proposed Action: Discuss the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth (a major expansion of a waste water treatment plant might, for example, allow for more construction in service areas) . Increases in the population may further tax existing community service facilities so consideration must be given to this impact. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental or of little significance to the environment. 15143.1* Limitations on Discussion of Environmental Impact: The information required by subsections (e) and (f) of section 15143 need be included only in EIR' s prepared in connection with any of the following activities. *see section 15143.1 Page five (a) The adoption, amendment, or enactment of a plan, policy or ordinance of public agency. (b) The adoption by a Local Agency Formation Commission of a resolution making determinations. (c) A project which will be subject to the requirement for preparing an environmental impact statement pursuant to the requirements of the national environmental policy act of 1969 . 15144 . organizations and Persons consulted: The identity of all Federal state or local agencies or other organizations, and private individuals consulted in preparing the EIR, and identity of the persons, firms, or agency, preparing the EIR, by contract or other authorizations, must be given, whenever the information is available. 15145. Water Quality Aspects: Describe in the environmental setting section, and other sections where applicable, water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial compliance with applicable water quality standards. 15146. Contents of Final Environmental Impact Report: (a) The final EIR shall consist of: (1) The draft EIR or a revision of the draft including a copy of the Initial Study. (2) Comments and recommendations received on the draft EIR either verbatim or in summary. (3) A list of persons , organizations and public agencies commenting on the draft EIR. (4) The responses of the lead agency to significant environmental points raised in the review and consultation process. (b) The responses of the lead agency to comments that may take the form of a revision of the draft EIR or may be an attach- ment to the draft EIR. The response shall describe the disposition of significant environmental issues raised (e.g. , revisions to the proposed project to mitigate anticipated impacts or objections) . In particular the major issues raised when the lead agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted, and factors of overriding importance warranting an override of the suggestions. Page six 15149. Incorporation by Reference: (a) An EIR may incorporate by reference all or portions of another document (e.g.,ALand Use and Management Plan.) which is a matter of public record or is generally available to the public. Where all or part of another document is incorporated by reference, the incorporated language shall be considered to be set forth in full as part of the test of the EIR. (b) Where part of another document is incorporated by reference such other document shall be made available to the public for inspection at a public place or public building. The EIR shall state where the incorporated documents will be available for inspection. At a minimum, the incorporated document shall be made available to the public in an office of the lead agency in the county where the project would be carried out or in one or more public buildings such as county offices or public libraries if the lead agency does not have an office in the county. (c) Where an EIR uses incorporation by reference, the incorporated part of the referenced document shall be briefly summarized where possible or briefly described if the data or information cannot be summarized. The relationship between the incorporated part of the referenced document and the EIR shall be described. Appendix C Midpeninsula Regional Open Space District Initial Study PART I A. Name, location, and brief description of project: B. A Description of the environmental setting: C. The project is/is not compatible with existing zoning and general plans. If not, please explain below: D. For identification environmental effects, see attached checklist. (PART II) E. For a discussion of any potential significant effects and ways to mitigate them, if any, see attached sheets. F. Recommended Action: Negative Declaration Environmental Impact Report G. Persons who prepared this Initial Study: Date : H. Name and Address of proponent: Appendix C (cc Page two PART II Identification of Environmental Impacts : (Explanations of "yes" and "maybe" answers are included on attached sheets) 1. Geology. Will the project: YES MAYBE NO a. result in an increase in wind or water erosion of soils , either on or off site? b. be located on or adjacent to a known earthquake fault? C. disrupt the soil causing substantial erosion, silta- tion or land sliding. d. cause destruction or modif- ication of any unique gologic feature? 2. Water. Will the project: a. be located in a known flood plain? b. involve alteration (s) of a streamcourse or body of surface water? C. change the quantity of ground waters either through direct additions or withdrawals, or through interception of an acquifer by cuts or excava- tions? d. change- absorption rates , drainage patterns, or the rate and amount of surface water runoff? e. involve discharge into; or alteration of, any surface water resulting in reduced water quality, including but not limited to , increased turbidity or dissolved oxygen? 3. Air. Will the project result in: a. substantially increased air emissions or deterioration of ambient air quality? ge three Appendix C (cont. ) YES MAYBE NO b. the creation of objectionable odors? C. alteration of air movement, moisture or temperature, or any change in local or re- gional climate? d. the creation of dust smoke or fumes or the application of potentially hazardous ma- terials such as herbicides or pesticides? 4. Plant and Animal Life. Will the project: a. result in the removal or dis- turbance of any rare or endangered plant or animal? b. reduce the acreage of any ag- ricultural crop? C. result in the removal of substantial amounts of vegetation? d. alter the ecological balance of an environment unit, either on or off site? e. significantly affect a breeding, feeding, or Nesting area? f. change the diversity or numbers of any species of plant or animal? 5. Natural Resources. Will the project : a. involve the removal or depletion of on-site rock, sand, gravel, trees, oil or minerals? 6. Permit Application. Will the project: a. require the approval of any federal, state, regional or local agency or district? If yes, list below: 7 . Noise. Will the project: a. increase ambient noise levels, either on or off-site? Page four Appendix C (cont.) 8. Circulation/Traffic. Will the project: YES MAYBE NO a. generate substantial additional traffic in the area? b. generate the use of off-road vehicles of any kind excepting ranger patrol vehicles? C. require alterations to present circulation patterns? d. have substantial impact on existing road systems? e. effect existing parking facilities or create a demand for new parking facilities? f. increase traffic hazards for motor vehicles? bicyclists pedestrians? 9. Public Services. Will the project: a. substantially affect a public water supply or sewage disposal system? b. result in a need for increased fire or police protection? C. cause groundwater pollution as a result of new septic systems? d. require the expansion or extension of any public utility? e. require any public service currently operating at or near capacity? 10. Energy. Will the project: a. cause the use of substantial amounts of fuel or energy? 11. Land Use. Will the project: a. result in substantial land use changes that would adversley affect the population either on or off site? b. serve to encourage development of presently undeveloped areas, or increase development intensity of already developed areas? C. vary from adopted an community or county policy. Page five Appendix C (cont. ) YES MAYBE NO d. involve lands currently protected under the Williamson Act or an open space easement? 12. Sociocultural. Will the project: a. result in an alteration of an historic, archeological or paleontological site, structure, object? b. require the relocation of people or businesses currently on site? C. obstruct scenic views or create an esthetically offensive site? Potential Significant Effects* and Mitigation Measures *Mandatory Findings of Significance all listed in Section 15802 and Appendix G of the State Guidelines. Appendix D MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF DETERMINATION Title of Project Decision of Board of Directors and Date; Approval of Project Disapproval of Project Finding of no Significant Impact The undersigned member of the Midpeninsula Regional Open Space District declares that no Environmental Impact Report for this project is being prepared pursuant to the provisions of the California Environmental Quality Act of 1970, as amended. Date District Clerk Appendix E Midpeninsula Regional Open Space District Negative Declaration Title of Project Description, Location, and Name of Proponent of the Project The undersigned member of the Midpeninsula Regional Open Space District finds that the above project has no significant impact on the environment. Date Staff Member Consultant Reasons for Finding* A copy of the Negative Declaration is available at the offices of the Midpeninsula Regional Open Space District, 745 Distel Drive Los Altos , California and shall be posted at the District office on the following dates. Date District Clerk *See Attached Initial Study with Mitigation Measures , if any. ti M-77-70 (Meeting 77-14 , Agenda item No. 3) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 7 , 1977 TO: Board of Directors From: H. Grench, General Manager SUBJECT: Status of Structures on Fremont Older Open Space Preserve. Attached is a memorandum (M-77-65) dated May 5, 1977 to me from the Land Manager regarding planned activities by staff for the continued implementation of the use and management plan with respect to structures on the Fremont Older Open Space Preserve. It is my recommendation that staff be directed to continue implementation of items 2, 3 and 4 as set forth in the Land Manager' s memorandum. HG:rh M-77-65 A. (Meeting 77-14, Nlor Agenda item No. 3) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 5, 1977 TO: H. Grench, General Manager FROM: J. Olson, Land Manager SUBJECT: Status of Structures on Fremont Older Open Space Preserve Introduction: The adopted Use and Management Plan for the Fremont Older Open Space Preserve includes the following recommendations : 1. Raze the Fremont Older house if no suitable alternatives for its use are found. 2. Remodel the adobe pool house to make it suitable for use by a caretaker or tenant. 3. Fill the deteriorated swimming pool with clean fill because of the safety hazard. 4 . Begin to clear the garden areas so they are more identifiable and accessible to Preserve visitors. Discussion: The Board has deferred action regarding razing of the Older house while a Subcommittee explores potential alternative uses. The land management staff is prepared to implement recommendations listed above as 2 , 3 and 4 . Recommendation: It is my opinion that we should continue to implement these items but the Board may wish to reconsider them based on the outcome of their deliberations on the Fremont Older House. In addition, we are ready to satisfy the Fire Marshall' s directive as outlined in the attached Supervising Ranger' s memo- randum. JO:pl M-77-64 a. 10 MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 5 , 1977 TO: J. Olson, Land Manager FROM: E. Mart, Supervising Ranger SUBJECT: Abatement of Fire Hazard at Fremont Older House As you are aware, the Central Fire Protection District recently made an inspection of the Fremont Older house on the Fremont Older Open Space Preserve. As a result of their inspection, I received a letter, dated April 26 , 1977 , from Mr. Gary K. Smith of the Santa Clara County Fire Marshall' s office. This letter officially informed me that the Older house "constitutes a fire hazard" . We must therefore, abate this hazard, by "re- pair, rehabilitation, demolition, or removal in accordance with the Santa Clara County Fire Prevention Code, Section 27416" . Three basic options are, therefore, clearly presented to us in this letter. Option 1. We could repair and rehabilitate the structure to a level that it could be occupied. This will almost cer- tainly require bringing the structure up to code. Option 2. We may demolish the structure and remove all re- maining. . —debris from the area. Option 3. We could completely remove the structure , intact, from the site. After reviewing these options I telephoned Mr. Smith to discuss any other steps that we might take to comply with the Fire Pre- vention Code. He indicated that we could", in lieu of pursuing the above options, take the following actions to "abate the hazard" . 1) All combustible materials, such as litter and general debris, must be removed from the interior of the house. 2) All combustible vegetation and debris must be removed from within 30 - 100 feet of the building on all sides (exact width will vary with type of vegetation) . 3) The house must be completely sealed from public access. This will entail a thorough boarding up of the house and the installation of a chain link fence around the perim- iter of the 30 foot clearing. I have drawn up an estimate of the cost of pursuing the three steps just outlined. Actual costs may vary. Page two 1) Removal of combustible material from interior of the house: a) 2 District employees for 2 days at $80 a day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $160 b) Rental of dumpster and pick up of one load of debris. . . . . . . . . . . . . . . . . . . . . . . . 55 2) Clearing of 30 foot perimeter: a) 2 District employees for 10 days at $80 a day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 800 b) Rental of dumpster and pick up three loads of debris. . . . . . . . . . . . . . . . . . . . 145 3) Boarding up of house : a) 2 District employees for 4 days at $80 per day. . . . . . . . . . . . . . . . . . . . . . . . . . . 320 b) materials (15 sheets, 4 ' by 8 ' by 3/8- C-D-X plywood. . . . . . . . . . . . . . . . . . . . 112. 50 4) Installation of 8001 of chain link fence (by contractor estimate received) : a) Labor (based on $55 an hour for 20 hr) . 1,100 b) Materials (not including fence fabric) . . . 800 5) Administrative cost (supervising time) . . . . . . . . 200 $3,692. 50 The total estimated cost of taking these actions is $3 ,692. 50. It appears that costs for complying with the County Fire Marshall' s order are approximately the same as the low bid received for the demolition of the house which was $3,874. Based on our interpretation of the Board's position, I recommend that we pursue the steps listed above and out- lined in the cost estimate. EM:pl M-77-62 (Meeting 77-14, Agenda item No. 3) I"IDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 5, 1977 TO: Board of Directors FROM: K. Duffy and D. Wendin SUBJECT: Status of Structures on Fremont Older Open Space Preserve In the recent acquisition of the Fremont Older Open Space Pre- serve, Prospect Road, Cupertino, the Midpeninsula Regional Open Space District also acquired the historical Fremont Older home, which is in very poor physical condition. In order to preserve this historical building without financially impacting the District' s primary program of open space preservation, the District is considering an offer to lease the present building and surrounding gardens (approximately 1 acre) for a period of 25 years at a cost of $1.00 per year. In return the lessee would agree to: 1. Do all work and bear all costs for a reasonably historically accurate renovation of the Fremont Older house and gardens. District and lessee shall appoint a mutually agreed upon committee to review, advise on and approve all reconstruction plans. Reconstruction must meet building codes and have all necessary permits. Modernization of kitchen and bath is allowed. Any additional structures such as garage, sheds or fencing will be allowed only with District approval. 2. Reimburse the District for all expenses incurred in protecting the present structure as required by the Fire Protection District. 3 . Perform all necessary maintenance for the house and garden for a period of 25 years. 4. Complete exterior renovation within one year of signing of the lease. Interior and garden reno- vation should be completed within a reasonable period of time thereafter. M-77-62 Page two 5. Single-family residential use as defined in the ap- plicable city or county ordinance. 6. A lease which is non-assignable except with District approval and a reversion penalty if the terms of the lease are not kept. 7. Maintain adequate liability and fire insurance as required by the District. 8. A road maintenance agreement sharing the costs for yearly maintenance among the right-of-way- users if required by District. 9. Open the house and gardens for public inspection at least once a year. The deadline for bids will be 12:00 Noon on June 1, 1977 at the District offices, 745 Distel Drive, Los Altos, Any bid or alternate proposal must be accompanied by a "goodfaith" deposit of $15,000. This deposit will be refunded if the bid is rejected. If the bid is acceptable, the deposit will be returned minus the District's costs for the fire prevention measures as out- lined in item 2. The District will make a decision on an accept- able lease agreement by July 13, 1977 . The District reserves the right to reject all bids. KD, DW: jg M-77-72 -A- OL MIDPENINSULA REGIONAL PARK DISTRICT May 10, 1977 To: Board of Directors From: K. Duffy and D. Wendin, Subcommittee--Fremont Older House Subject: DRAFT Advertisement Regarding Lease of Fremont Older House In the recent acquisition of the Fremont Older Open Space Preserve, Prospect Road, Cupertino, the Midpeninsula Regional Open Space District also acquired the historical Fremont Older home, which is in very poor physical condition. In order to preserve this historical building without financially impacting the District' s primary program of open space preservation, the District is offering to lease the present building and surrounding gardens (approximately 1 acre) for a period of 25 years at a nominal cost of $1. 00 per year. In return the lessee would be required to completely renovate the building and gardens at his or her own cost. The lessee would be able to use the home as a single-family residence during the lease period . For more information about this proposal and the lease requirements, please contact The DEADLINE for the receipt of bids is 12: 00 noon on June 1, 1977 , at the District office, 745 Distel Drive, Los Altos . At that time a "good faith" refundable deposit of $15, 000 (certified check) will be required of all bidders. The District reserves the right to reject all bids. M-77-63 (Meeting 77-14, Agenda item No. 4) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 5 , 1977 TO: H. Grench, General Manager FROM: J. Olson, Land Manager SUBJECT: Status Report on Docent and Environmental Volunteers Programs and Recognition of Volunteers At the Board meeting of May 11, 1977 , 1 will be making a presen- tation regarding the Docent and Environmental Volunteer Programs. Also, I will request Board recognition of outstanding contribu- tions made by individuals involved in these programs. The pres- entation will include: 1) Status of Docent Program 2) Introduction of Karen Nilsson, outgoing Environmen- tal Volunteers President and introduction of Doris Ash, incoming E.V. President. A brief presentation will be made on new directions within the E.V. ' s, a film will be shown on E.V. programs and some individuals involved with the development of the environmental education plan for Permanente Creek Park and Stevens Creek Nature Study Area will be introduced (this plan has been developed as per the Environmental Volunteer con- tract with the District) . 3) Recognition of volunteers and docents involved in development of the earthquake , interpretive trail at Los Trancos Open Space Preserve. JO:pl M-77-69 (Meeting 77-14 'A. Agenda Item No. 5) ,V10f AND MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 6, 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1977-1978 Fiscal Year This item has been placed on the May 11 agenda so that it could be considered if supporting materials can be delivered to the Board prior to the meeting. HG:jg R-77-28 AA. A= MIDPENINSULA REGIONAL PARK DISTRICT REPORT May 10, 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1977-1978 Fiscal Year Introduction: Since March, 1974 the District has been oper- ating on the basis of an annual action program which imple- ments the Basic Policy and other policies of the District. The Action Plan has been very useful in structuring activ- ities and priorities, in allocating budgets, in evaluating progress, and in summarizing for people the activities of the District. Discussions held at the February 2, 1977 Goals Workshop were helpful to staff in preparing for Board consideration the attached update of the Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1977-1978 Fiscal Year. Discussion: The proposed Action Plan is intended to outline the District's major programs for the coming fiscal year, and to function as a general basis for planning over the next five-year period. During recent months, staff has been exploring various alternative forms to the 1976-1977 Action Plan which might better reflect the priorities of the programs of the District. There are a few structural changes in the Action Plan recommended for this year; the recent workload has precluded sufficient exploration of further possible changes until next year. The proposed Action Plan for the 1977-1978 fiscal year is divided into the following categories: 1. Land Acquisition Program A. Negotiations Subprogram B. Donations Subprogram C. Land Analysis Subprogram D. Special Projects Subprogram R-77-28 Page two 2. Open Space Management Program A. General Land Administration Subprogram B. Planning, Design and Construction Subprogram C. Operation, Docent and Maintenance Subprogram 3. Public Communications Program A. Media Subprogram B. Public Liaison Subprogram C. Public Education and Participation Subprogram 4. General Management and Program Support As the outline shows, the former Public Communications and Governmental and Private Liaison Programs have been combined into one program, since the activities in each are so closely interrelated. Furthermore, this structure more closely rep- resents the relative priority and balance among programs as set by Board policy. Additionally, general management and program support activities would .no longer be considered a separate program, but rather as a part of and support for the three major programs. The level of activity in the Public Communications Program will undoubtedly depend upon whether or not a grant is re- ceived from the NAtional Endowment for the Arts for the sup- port of Public Education and Awareness. The 1976-1977 Volunteer, Docent and Intern Subprogram has been incorporated into the other subprograms of the Open Space Management Program. Docent activities, which require close coordination with ranger staff, will be combined into the Operation, Docent and Maintenance Subprogram. f. While the Action Plan appears generally similar to last year's Action Plan, it reflects a distinct change in District orien- tation, particularly moving from a general planning period to functioning as an operating agency as District lands are open and as public awareness and use of the lands increases. As discussed at the April 27 Board meeting, the District's financial position with respect to land acquisition has changed considerably due to the recent commitment of avail- able funds to major acquisitions. As indicated in the pro- posed Action Plan, it will be important for the Board and staff over the next several months to establish the rate of land acquisition in terms of available financing and to set land acquisition goals . Recommendation: It is recommended that the Board review the proposed Action Plan, modify it as appropriate, and tentatively adopt the updated Action Plan, which will then be used as the basis for formulation of the budget for the 1977-1978 fis- cal year. Final adoption of the Action Plan would occur at the time the budget is adopted. HG:jg " Page four B. Donations Subprogram Summary This subprogram will include informing landowners and ns other appropriate people of the District' s donations program, through personal contact, brochures, speeches, newspaper articles and advertising in order to obtain donations of land or other assets to the District. Emphasis will be given to the tax savings and varied arrangements which can be made to benefit both the donor and the District. Expected Results It is expected that at least one significant land donation will be made to the District as a direct result of efforts in this subprogram, and that the resultant publicity will generate more inquiries about donations. Typical Projects 1. Complete formation and coordinate with pkwat-e- Peninsula Open Space Trust which will raise funds for open space acquisition. 2. Develop relationships ` landowners directly and through intermediaries in order to encourage gifts of land. 3. Distribute donations brochure which describes the tax benefits and other advantages of donating land to the District. 4. Use an introductory letter which will introduce landowners to the District' s program and policies and suggest the consider donation. The letter will gg Y be for introductory purposes and will be followed by intense personal contacts. 5. Promote the donations program of the District through speeches given by Board and staff members. 6. Chart progress of donations program and review for effectiveness. Req uired Staff Resources 15% of time of Land Acquisition "'tanager 80% of time of Land Endowment Specialist 25% of time of Assistant Secretary OBJECTIVE Page three I. THE DISTRICT WILL PURCHASE OR OTHERWISE ACQUIRE INTEREST IN THE MAXIMUM FEASIBLE AMOUNT OF STRATEGIC OPEN SPACE WITHIN THE DISTRICT, INCLUDING BAYLANDS AND FOOTHILLS. Implementation: Land Acquisition Program A. Negotiations Subprogram Summary This subprogram will include the continuation and initiation of contacts with landowners, realtors and other appropriate people in order to obtain the maximum number of opportunities to acquire property for the District. Expected Results It is expected that several opportunities will occur for the District to obtain high priority parcels at desirable prices (market value or less) , and to obtain parcels of less than high priority at bargain prices. Typical Projects 1. Maintain and initiate contacts with landowners., real estate appraisers and brokers, developers, architects, engineers, zoning and planning officials, and financial institutions. 2. Publicize, through- news articles and speeches, the land acquisition program of the District, thereby increasing chances that people will contact the District regarding land purchase opportunities. 3. Explore various alternatives to offer advantages to landowner as well as to the District regarding terms of purchase (e.g. , options and tax relief considerations) . 4. Institute eminent domain proceedings, in the extroaordinary case, in the event lengthy negotiations fail to elicit an agreement on terms of purchase and the parcel involved is key to the District' s program. 5. Evaluate staff resources needed to implement land acquisition program in expanded District, considering present and future acquisition funds and financing, and develop job specifications and hire personnel as required and approved. Required Staff Resources 60% of time of Land Acquisition Manager 10% of time of Land Endowment Specialist 30% of time of Assistant Secretary Possible real estate specialist and/or real estate analyst L Page six D. Special Projects Subprogram Summary This subprogram will include projects which are undertaken in order to broaden the Land Acquisition Program and make it more effective. Expected Results Increased contact with staffs of other agencies and with non-profit acquisition institutions should heighten their awareness of the District's acquisition program. Acquisition-related activities will be accomplished on an efficient, systematic basis, and the District may be the recipient of at least one grant as the result of timely application to the appropriate sources. Typical Projects 1. Develop multi-year spending plan for land acquisition which optimizes use of cash and borrowed funds to accomplish acquisition goals. 2. Make timely application for grants available to the District and review information newsletters periodically which contain such data. 3. Utilize consultants to investigate and/or negotiate in special situations. 4. Utilize consultants for relocation activities. 5. Initiate and maintain contacts with non-profit charitable institutions (Trust for Public Lands, Sempervirens Fund, etc. ) to coordinate action being taken on lands of open space significance. 6. Develop land acquisition policy statement relating to property negotiations and condemnation procedures. Required Staff Resources 10% of time of Land Acquisition Manager 5% of time of Land Endowment Specialist 5% of time of Assistant Secretary Page five C. Land Analysis Subprogram Summary This subprogram is designed to determine the present status of sites located within the District and serve as a guide as to which sites are most valuable to the District in terms of planning for acquisition. This subprogram includes the site-specific real estate analysis process which is needed to implement the Master Plan of the District. Expected Results Existing and new information will be compiled which will aid in negotiations for parcels. A comprehensive map system will be established to provide the District with an efficient, readily available source of information about land within the District's boundaries. it is expected that opportunities for bargain purchases will be identified as a result of this subprogram. Typical Projects 1. In conjunction with Open Space Management Program, develop acquisition recommendations. 2. Gather information on real estate market activities. 3. Gather information, on local, State and federal regulations (e.g. , zoning and subdivision) and on restrictions or plans contained in general plan elements and other planning studies. 4. Gather information on special considerations such as deed restrictions, utility availability, and financing and tax considerations. 5. Continue work on gathering and maintaining a comprehensive and efficient map system which contains the data necessary for effective negotiations. 6. Continue to gain knowledge of land use laws and status of current legal issues. Required Staff Resources 15% of time of Land Acquisition HaA,-, 4 YI-/ 5% of time of Land . Endowment Specialist 15% of time of Assistant Secretary Possible real ,,6.state 'analyst Page seven Objective 2, THE DISTRICT WILL MAINTAIN A LAND MANAGEMENT POLICY THAT PROVIDES PROPER CARE OF OPEN SPACE LAND, ALLOWING PUBLIC ACCESS APPROPRIATE TO THE NATURE OF THE LAND AND CONSISTENT WITH ECOLOGICAL VALUES. Implementation: Open Space Management Program A. General Land Administration Subprogram Summary The purpose of this subprogram is to provide overall administra- tion of all Open Space Management subprograms, and to initiate and complete special projects such as those listed below. Expected Results This subprogram will provide the coordination and balance nec- essary to administer all aspects of the Open Space Management Program with maximum feasible effectiveness. Typical Projects 1. Review organizational structure for open space management, and implement approved changes. 2 . Generally administer Planning, Design and Construction Sub- program, and the Operation, Maintenance and Docent Subpro- gram. 3 . Continue liaison with city and county planning and park and recreation departments. 4. Develop leases and licenses for District lands and facilities. 5. Prepare appropriate portions of grant applications, 6. Continue to develop, in cooperation with colleges and uni- versities, a long-range system to monitor ecological dy- namics, including recreation and agricultural impact, on District lands and adjacent areas, 7 . Continue to develop and analyze a mathematical model which may generally predict operational costs related to levels of development and use on District sites. 8. Continue to explore methods of producing revenues from use of District lands to offset costs of maintenance. 9. Utilize volunteers and interns whenever feasible to accom- plish special projects. Required Staff Resources 50% of time of Land Manager (existing) 50% of time of Land Management Secretary (existing) 100% of time of Land Management Aide (possible) Page eight B. Planning, Design and Construction Subprogram Summary This subprogram will include pre-acquisition and post-acquisition evaluation of District lands, development of interim and long- range use plans, construction and design standards and the phys- ical implementation of the plans. Input will be sought from various sources, including public agencies, citizens and techni- cal people. Expected Results Interim and long-term use plans will provide public access to District lands consistent with their environmental characteris- tics en- the District' s resources. am Typical Projects 1. In conjunction with Land Acquisition Program develop pre- acquisition recommendations for potential District acquisi- tions. 2. Continue to develop interim use and management recommenda- tions upon or shortly after acquisition. 3 . Continue to develop long range use and management plans, using the area planning concept, for District lands based on comprehensive studies incorporating environmental pro- tection, recreation, on-site trails, access roads, etc. 4 . Provide physical implementation of the use and management plans. 5. Develop specific construction plans and specifications for contracted work such as parking areas, fencing, trails and signs , and provide for construction inspection of all contracted improvements. 6. Administer leases and licenses for District lands and facil- ities. 7 . Continue liaison with citizens' trails groups on regional trails plan and individual site plans. 8. Develop staff capability to prepare environmental assessments, environmental impact reports or negative declarations as ap- propriate to District projects. 9 . Continue to develop standardized series of maps for all District lands. 10. Continue to develop grahic capabilities for site use and management plan presentation, site brochures and general presentation materials, and maintain a slide library for the District. 11. Utilize volunteers and interns as appropriate , for such pro- jects as mapping, boundary determination, resource inventory, monitoring use of sites and conducting public opinion surveys. Page nine Required Staff Resources 25% of time of Land Manager (existing) 50% of time of Planner (existing) 25% of time of Land Management Secretary (existing) 75% of time of Drafting Technician (probable) 100% of time of Environmental Analyst (probable) Consultation of Public Communications Coordinator (part-time) Page ten C. Operation, Maintenance and Docent Subprogram Summary This subprogram will continue proper patrol of District lands and include development of a program to train rangers in the maintenance, analysis and patrol of District lands, and the enforcement of District regulations. The program will contin- ue educating the public about the proper use of District lands, particularly through the docent interpretive program. Expected Results The District's lands will be properly patrolled and maintained. The District' s rangers will become increasingly knowledgeable in the maintenance, analysis and patrol of District lands and will establish good relations with public users of the land. Trained docents will acquaint the public with open space values. Typical Projects 1. Develop an organizational structure for operation and maintenance functions, including implementation of portions of site use and management plans. 2. Maintain ranger staff as necessary for the proper maintenance and patrol of District lands. 3. Continue to develop a training program for rangers. 4 Utilize Ut li e volunteers and temporary personnel h o el such as ETA P Y ers P C employees and interns. Utilize volunteers for such projects + as trail clearing and litter cleanup. 5. Develop and distribute brochures and policies regarding courtesy tags, warnings and citations. 6. Establish District operations office and equipment storage facilities. 7. Continue to develop operations policies regarding ranger uniforms, use of District vehicles and equipment, emergency situations, ranger training requirements , public contact, and residences. 8. Continue to work on development of a docent interpretive program for Montebello Open Space Preserve and eventual implementation on other sites as appropriate . 9. Continue development of community-based interpretive program (including local schools) for Permanente Creek Park, the former Picchetti property and the Stevens Creek-Shoreline Nature Study Area. rcesr Required Staff Resou ces 25% of time of Land Manager (existing) 100% of time of Supervising Ranger (existing) Page eleven Required Staff Resources q- 100% of time of Patrol/Maintenance Rangers (2 existing, 1 probable) 50% of time of Construction/Maintenance Rangers (2 probable) 25% of time of Land Management Secretary (existing) { 25% of time of Drafting Technician (probable.) 50% of time of Planner (existing) 100% of time of Coordinator of Volunteers (existing) of time of Ranger Aides - 2 (seasonal) A � 'age thirteen B. Public Liaison Subprogram Summary This subprogram will include meetings, land tours, and contacts with other agencies, private organizations, and interested individuals. Efforts will be made to continue to acquaint citizens with the programs and policies of the District and to encourage cooperation in preserving open space. As special District projects occur from time to time, specific agencies or groups will be contacted to enlist their aid. Expected Results The District and other agencies will be acquainted with each other' s goals, programs, and concerns on a mutual basis and resolved with a minimum expenditure of time and effort. The District, private organizations, and interested individuals will continue to exchange information on programs and current issues of mutual interest. Typical Projects 1. Board and staff members will continue to make personal contact with officials of other agencies and private organizations through distribution of information, telephone contact, personal visits, luncheons at the District office, land tours, and special events sponsored by other agencies, organizations, and possibly the District. 2. Continue program of giving slide presentations and distributing materials to public agencies, private organizations, and interested individuals to explain the District' s goals and programs. 3. Maintain contacts with private organizations on a regular basis for information exchange and work on special projects. 4. 1 Continue to work with legislators, other agencies, private organizations, and interested citizens for information regarding current legislation. 5. Advocate State and federal legislation on park and open space matters through legislative committees, State and federal administrators, and individual legislators. 6. Maintain contacts with staff and officials of other regional park districts in order to cooperate on programs of mutual benefit and to exchange information and technical expertise. 7. Work on specific local issues as they occur or as it is appropriate for the District to take action. OBJECTIVES Page twelve 3. THE DISTRICT WILL EDUCATE AND MAKE CLEARLY VISIBLE TO THE PUBLIC THE PURPOSES AND ACTIONS OF THE DISTRICT AND ACTIVELY ENCOURAGE PUBLIC COMMUNICATION AND INVOLVEMENT IN THE ACTIVITIES OF THE DISTRICT. THE DISTRICT WILL WORK WITH AND EDUCATE PRIVATE AND PUBLIC AGENCIES TO PRESERVE, MAINTAIN, AND ENCHANCE OPEN SPACE. Implementation: Public Communications Program A. Media Subprogram Summary ' This subprogram will continue the present system of regular communications with the press, expand communications when appropriate and develop coverage of District activities by other media. Expected Results Information about District policies, programs, and activities will reach the public through regular contact with the media. Increased activity should be generated in donations program. Typical Projects 1. Continue regular communications with the press expanding communications as may be appropriate. r 2. Develop an additional audio-visual presentation and expand the slide library. 3. Begin development of communications system with radio and television stations. This would eventually include contacting them on a regular basis, plus production of special interest programs about the acquisition, preservation, and management of open space. 4. Arrange for appropriate publicity in magazines, park and recreation publications, and other environmental news- letters . 5. Contact one or more newspapers of national distribution regarding appropriate articles about the District. District programs to be emphasized would include the acquisition program; donations program; the docent, volunteer and intern program; and public liaison program. Required Staff Resources 50 � of time of Public Communications Coordinator (part-time) . 5% of time of Assistant Secretary Pago fifteen C. Public Education and Participation Subprogram Summary This subprogram will stimulate input from the public regarding District programs and activities and will motivate individuals to volunteer their talents to the District. Expected Results Input and feedback from the public will be generated so that District programs are responsive to the needs of the citizens. The programs of the District will be publicized so that citizens are encouraged to participate in the volunteer, intern and docent program. Typical Projects 1. Conclude presentations and public hearings on the Master Plan. 2. Arrange public hearings on specific land acquisitions and other important matters. 3. Continue public speaking engagements program to reach civic organizations, schools, public agencies, and private organizations. 4. Continue the regular reading and clipping of newspaper and magazine articles. 5. Assist with information of citizens ' committees as appropriate. 6. In conjunction with Open Space Management Program update District publications. 7. Continue distribution of general information, Basic . Policy, site information and other brochures in accordance with District policy. Required Staff Resources 15% of time of Public Communications Coordinator (part-time) . 5% of time of Assistant Secretary Page fourteen 8. Attend seminars and conferences of significance to the District and which will offer an opportunity to initiate and maintain contacts with officials of other public agencies and private organizations and which will educate District staff and Board on current issues. 9. Maintain current files of governmental officials, private organizations, interested groups and citizens to be used for distribution of pertinent materials and information. Required Staff Resources 35% of time of Public Communications Coordinator Board and other staff as available 15% of time of Assistant Secretary I s Page sixteen Objective 4 . THE STAFF OF THE DISTRICT WILL ADMINISTER THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT IN BEHALF OF THE PUBLIC SO AS TO MAXIMIZE ACCOMPLISHMENT OF THE GOALS OF THE DISTRICT WITHIN EXISTING FINANCIAL AND OTHER CONSTRAINTS Implementation: General Management and Program Support Summary This section includes those general management and program support activities assignable to more than one program. Work in such areas as personnel, budget, office planning, general procedures and coordination of functions are included in this program. Expected Results The District will be managed in an efficient and professional manner in order to effectively implement the goals of the District. Typical Projects 1. Perform administrative abligations as provided by State law. w 2. Update Action Plan. 3. Provide financial management and accounting. 4. Prepare annual budget. 5. Prepare annual Progress Report. 6. Continue to coordinate assignments of Controller and Legal Counsel. 7. Review suitability of existing office location and the possible selection of a new site. 8. Review employee benefits and salary structure as appro- priate, and continue to gather current data on personnel and employment procedures. 9. Develop five-year plan for overall organizational structure and personnel. Required Staff Resources Personnel below work for all programs. General Manager Administrative Aide/District Clerk :Secretary (3/4 time) Senior Accounting Clerk (mart-time) Legal Counsel (part-time under contract) Controller (part-time) I i' M-77-67 A, (Meeting 77-14 , lbl. Agenda item No. 6) A41= MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 6, 1977 TO: Board of Directors FROM: J. Melton, Controller SUBJECT: Plan to Borrow Money to Finance Land Acquisitions Materials relating to this agenda item were not prepared in time for the regular Board mailing, but will be distributed to the Board prior to meeting on May 11, 1977 . M-77-73 (Meeting 77-14 Agenda item No. 6) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM May 9, 1977 TO: Board of Directors FROM: J. Melton, Controller SUBJECT: Plan to Borrow Money to Finance Land Acquisition Over the past few months, the District has contacted numerous firms in the financial community in an attempt to arrange a continuing source of long-term financing to support the Dis- trict' s acquisition program. The District and its program were received with interest by all of the firms contacted, but most were not in a position to provide the type of financ- ing that we were seeking. For instance, most of the major banks indicated a willingness to bid on District notes with a max- imum term of five years, but were not interested in ten year notes. The basic goals of the financing package that we were seeking included: 1. A guaranteed commitment of $5-$10 million that we could draw against as needed over a 2-3 year period. 2. A ten year payback period for all funds borrowed. 3 . The lowest possible interest rate on the initial fund- ing plus an indexing formula which would tie future interest rates to be paid by the District to prevailing market rates. The District ultimately received three firm psoposals which met these basic goals. The three firms which submitted pro- posals were United California Mortgage Company, Pasadena, Stone & Youngberg, San Francisco, and a consortium of Resnick & Furchtenicht, Inc. , San Francisco. United California Mort- gage Company is a division of United California Bank which specializes in real estate financing, primarily in the private sector. The other two firms are underwriters and dealers with extensive experience in the municipal bond market. The General Manager and I have evaluated all three proposals. While all could fulfill the District' s needs, the proposal submitted by Stone & Youngberg provides a lower interest cost to the District than either of the other two. For the initial borrowing,which the District anticipates will take place within the next two months, the Stone & Youngberg proposal indicates M-77-73 Page two an interest rate of about 5. 0%. For the other two proposals , the interest rate on the initial borrowing would be in the 5. 5 to 5. 8% range. Based on the lower interest cost, I feel that the Stone & Youngberg proposal is the most advantageous to the District. The main provisions of the Stone & Youngberg proposal are as follows: 1. As necessary to finance the land acquisition program, the District will issue promissory notes in $5000. 00 denominations. Each issue will be redeemable in equal annual principal amounts and will have a maximum term of 10 years. 2. Stone & Youngberg agrees to purchase all such notes issued between now and July 2, 1980 to a maximum of $10, 000, 000. 00. The District agrees to sell all of its notes to Stone and Youngberg, except for promissory notes issued to landowners as part of installment pur- chases of land. 3. The interest rate for each issue of notes will be determined at the time the Board authorizes each new issue by means of an index based on the then current market rates for State of California general obligation bonds. 4. Each issue of notes must be approved by the firm of Orrick, Herrington, Rowley & Sutcliffe and is secured by the full taxing power of the District. Stone & Youngberg' s proposal has been reviewed by District Counsel and by Mr. Nathan Rowley, partner in the firm of Orrick, Herrington, Rowley & Sutcliffe who will serve as bond counsel to the District for this financing. Under their guidance the Stone & Youngberg proposal has been redrafted in contract form, a copy of which is attached to this report together with a resolution authorizing the President to sign the contract on behalf of the District. Recommendation: It is recommended that the Board of Directors adopt the attached Resolution of the Board of Directors of Midpeninsula Regional Open Space District Accepting Offer to Purchase Promissory Notes which authorizes the President to sign the contract on behalf of the District . JM: jg RESOLUTION NO. RESOLUTION OF BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING OFFER TO PURCHASE PROMISSORY NOTES BE IT RESOLVED by the Board of Directors of Midpeninsula Regional Open Space District that the offer dated May _, 1977, from Stone & Youngberg, Investment Securities, San Francisco, addressed to this Board of Directors in the form attached hereto, to purchase not to exceed Ten Million Dollars ($10, 000, 000) principal amount of Promissory Notes of the District, subject to the terms and conditions of said offer, be and it is hereby accepted; that said offer as so accepted is an agreement between Stone & Youngberg and this District; and that this District shall sell to Stone & Youngberg all notes issued pursuant to and subject to the terms and conditions of said agreement. BE IT FURTHER RESOLVED that the President of the Board of Directors is hereby authorized to execute and the Secretary of the Board is hereby authorized to attest said acceptance. This resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED this day of May, 1977, by the following vote: AYES: Directors NOES: A13SENT: r s SECRETARY'S CERTIFICATE I , Secretary of the Board of Directors of Midpeninsula Regional Open Space District, do hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted by the Board of Directors of said District at a regular meeting of said Board duly and regular- ly and legally held in the regular meeting place thereof on May _, 1977, of which meeting all the members of said Board I had due notice and at which a majority thereof was present. At said meeting said resolution was introduced by Director and read in full, and was thereupon, upon motion of Director seconded by Director , adopted by the following vote: AYES: Directors NOES: ABSENT: I have carefully compared the same with the original minutes of said meeting on file and of record in my office and said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. The original resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: May �, 1977. [Seal] Secretary I I W M-77-55 (Meeting 77-14 , Amp Agenda item No. 7) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM April 12 , 1977 TO: Board of Directors FROM: Organizational Use Subcommittee , E. Shelley, K. Duffy N. Hanko SUBJECT: Report and Recommendations of the Organizational Use Subcommittee Discussion: The District' s present stated policy allows for use of the District lands consistent with the financial con- straints imposed by the limited Land Management budget and the protection of the environmental characteristics of the lands. At present we have no specific policies on extended use (as opposed to short-term use) of District properties by organizations. One of the potential advantages of encouraging such use is that use by organizations such as the city recreation departments and youth groups will serve a segment of the District citizens that would otherwise not be likely to benefit directly from the District' s preservation of open space. Another potential advantage is that by requiring organizations to provide their own supervision, clean-up, liability insurance, etc. a large number of individuals will be able to benefit from the District 's open space at a minimum per-capita cost to the District. It should be noted that there are also some potential disadvantages of organizational use of District properties . Even though the per-capita cost to the District is expected to be low, there may be significant costs to the District in terms of increased liability insurance and staff time devoted to liaison with and coordinating of these programs. Due to the potential popularity of such programs, the demand on the District may exceed it's capabilities within the financial and other constraints. This could lead to difficulties in maintaining equitable opportunity for all segments of the District. In order to fairly distribute the benefits throughout the District, a priority scheme may be required. A preferential fee structure reflecting the adopted priorities may be desirable in the implementation of an organ- izational use program. Page two Recommendations: I. Policy Statement: The District will encourage utilization of the District lands and structures by organizations con- sistent with: 1) Financial constraints imposed by the Board adopted limits on the Land Management budget; 2) The protection of the physical and environmental characteristics of the District properties; and 3) The protection of the quality of the experience by those who use the District properties. II. Restrictions on Organizations: 1) Any organization desiring to use the District 's resources should be required to be non-discrim- inatory. Allowance may be made for those limi- tations based on residence, age and sex as might be set forth in city recreation programs. 2) organizational use should relate to the open space characteristics of the District' s prop- erties. Significant modifications to District properties will not be permitted unless they are compatible with the long-term use and manage- ment plans for the site involved. 3) Commitment to organizations should be for limited periods so as not to restrict severly the District ' s options and to minimize the possibility of in- equitable benefit to other organizations as the program develops. The commitments must, however, be of sufficient duration to permit organizations to amortize their investments in possible developments and also to provide sufficient time for organizations to reorganize their programs if District facilities are reduced or withdrawn. III. Priorities for organizational Use: Due to the constraints discussed in the text, it will not be possible to satisfy the desires and requirements of all deserving organizations. The following list of priorities in approximate order of significance should serve to equitably distribute the limited facilities and services. 1) Financial impact considerations on Land Management budget must receive high priority. 2) organizations serving constituents within the District should be given priority over organi- zations serving citizens outside the District. 3) Priority should be given to organizations that will utilize the unique open space character of the District properties. 4) Public agencies should be given priority over private organizations. 5) Priority should be given to organizations that serve segments of the District population not otherwise directly served by the District. 6) Educational organizations particularly those oriented toward environmental education should be given preference. R-77-26 (Meeting 77-14, Agenda item No. 8) MIDPENINSULA REGIONAL PARK DISTRICT REPORT May 3, 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Land Acquisition Manager Job Description introduction; At the Board of Directors ' meeting of April 27, 1977, it was indicated that a Job Description for a Land Acqui- sition Manager would be submitted which would supersede the current Assistant General Manager position, and a revised Assis- tant General Manager overlay Job Description would also be sub- mitted so that, at the discretion of the General Manager, an employee could be designated as the person responsible for admin- istering the affairs of the District in the absence of the General Manager. Attached for your consideration is a Job Description for a Land Acquisition Manager position, and an overlay Job Description for an Assistant General Manager positon, Discussion; It is expected to take from three to four months to fill -tE-e--Tand Acquisition Manager position for the District. Dur- ing the interim period, I will act as Land Acquisition Manager and, along with other existing staff members and consultants , will continue the Land Acquisition Program. Recent major acquisition decisions have encumbered almost all of the remaining land acqui- sition budget and the acquisition reserve funds for the current fiscal year, Staff has been seeking sources of additional financ- ing which would give additional flexibility in the acquisition program. This interim period can be used quite constructively to evaluate priorities for specific land areas based upon the draft Master Plan, real estate and other data. The District would then be in an excellent position to allocate funds from the forth- coming fiscal year and from additional financing. Changes in the Job Description for Land Acquisition Manager are minimal, the major change being elimination of general adminis- trative responsibilities. Based upon a survey of positions in the Bay area which are comparable to the proposed Land Acquisition Manager position, the appropriate salary range has been calculated R-77-26 Page two to be $20,900 to $31,350 annually, subject to some adjustment at the time all salary ranges for the District are reviewed (July 1, 1977) . It is recommended that the Board approve the creation of a separate, overlay Assistant General Manager position which the General Man- ager would apply to a District employee with the knowledge, ex- perience and qualifications to represent the District and oversee its activities during the absence of the General Manager, or as otherwise appropriate. The position would include a salary in- crement range of $800 to $1200 per year, which is based upon a consideration of the additional responsibility that would accom- pany the position. Recommendation: It is recommended the Board adopt the attached Job Description for Land Acquisition Manager with a salary range of $20,900 to $31,350 annually. It is further recommended that the Board adopt the Job Description for an Assistant General Manager position, with a salary increment range of $800 to $1200 . HG:jg MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Job Description LAND ACQUISITION MANAGER Summary of Duties Under the general direction of the General Manager, has primary responsibility for land acquisition program, including negotiation, donation, condemnation and relocation activities. Oversees work of other employees and contractors involved in the program. Works with Land Manager to recommend acquisition priorities to the General Manager. Work Performed 1. Negotiates the acquisition of land. 2. Keeps General Manager apprised of status of land negotiations, gifts program, condemnation and relo- cation activities, and other activities of land acqui- sition program. 3. Becomes thoroughly familiar with lands of potential interest including ownership, history of recent sales, land values, county and city land planning and zoning, and political factors affecting same. 4. Develops comprehensive and systematic methods for main- taining records of above factors so as to be fully knowledgeable of present conditions and trends. 5. Aids in overall planning for land acquisition priorities. 6. Develops and implements strategies to bring to the Dis- trict the maximum amount of open space. 7 . Coordinates with General Manager, Land Manager and Legal Counsel in land negotiations for various types of acqui- sition in fee, purchase of development rights, bargain sales, gift-purchase and lease-back arrangements, and outright gifts. 8 . With assistance of Legal Counsel, prepares necessary documents for various types of land transactions. 9. Responsible for preparation and delivery of appropriate documents in escrow. 10. Administers condemnation activities of District when required, including liaison with special consultants and technical advisors. 11. Recommends use of, and supervises activities of, special real estate agents and consultants in areas of valuation, relocation assistance, negotiations, and other activities related to the land acquisition program. 12. Meets with maximum feasible number of landowners to explain the program of the District, to solicit gifts of land and to explain alternative acquisition arrange- ments. 13. Assists in application for private, state and federal grants for land acquisition and development, and assists in other fund raising activities. 14. Acts as liaison to the Peninsula Open Space Trust in order to coordinate negotiations activities. Education, Experience and Personal Requirements The individual must be committed to the purposes of the District, be self-directed and yet able to work as a member of a team, and have personal qualities such as the ability to meet people, respond to them, and project the goals of the District. Abilities to be considered include the following: negotiations, familiarity with principles of land acquisition activities of public agencies, real estate law, real estate appraising, relocation assistance and knowledge of tax laws relating to income and charitable contributions. Position would ordinarily require a bachelor' s degree, several years' experience in land acquisition, preferably with a public agency, including experi- ence at a supervisory level. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Job Description ASSISTANT GENERAL MANAGER* Summary of Duties To administer the affairs of the District in the absence of the General Manager, and to assist General Manager when appropriate. Work Performed 1. Responsible for overseeing day to day management of District during absence of General Manager. 2, Stays generally familiar and is somewhat involved with overall activities of the District. 3. Attends Board of Directors meetings in the absence of General Manager to present staff materials. 4. Conducts liaison activities as representative of the General Manager. *Not a separate position; assigned to an individual holding another regular positon. DRAFT REPLY TO (Meeting 77-14, WRITTEN COMMUNICATION Agenda item No. 9) MIDPENINSULA REGIONAL PARK DISTRICT 745 DISTEL DRIVE, LOS ALTOS, CALIFORNIA 94022 (415)965-4717 May 12, 1977 Mr. Richard Childress 22025 Regnart Road Cupertino, California Dear Mr. Childress: At its meeting last night the Board of Directors of the Mid- peninsula Regional Open Space District considered your recent letter and directed me to respond as follows. The Board is not supporting the inclusion of District properties in the Regnart Canyon Road Local Improvement District. When the District adopted the Use and Management Plan for Fremont Older Open Space Preserve, we responded as fully as possi- ble to the neighborhood' s concerns regarding vehicular access or parking along Regnart Road. Therefore, the amount of traffic generated in the canyon for District purposes is essentially negli- gible. The current figures for any District activity in the area are as follows: 1. Our rangers now make no more than one round trip per day and as soon as the Nellis acquisition is finalized, the rangers will be using the Nellis ridge for access, rather than the road. 2. The cable television facility personnel make approximately one trip per week to service their equipment. The proposal is to assess the District for 4 units along Regnart Road. According to Burt Viskovich, Director of Public Works for Cupertino, the average household for this type of property would make five round trips per day. If the four units that we own were being developed, they would add approximately 140 weekly round trips to the vehicular activity in the area. We currently make only 5% of that figure and will be using less in the near future. When the District purchased the property in that area for open space, we received good support from the local residents. At those times it was brought out that if these lands had not been protected, an even greater level of improvements and costs to the residents could well occur. DRAFT Page two Since this permanent open space will be of direct personal and financial benefit to the residents, it does not seem rea- sonable for the District to incur costs in addition to the over $1. 6 million of public funds which have been spent for the Fremont Older Open Space Preserve. Sincerely yours, Daniel G. Wendin President Board of Directors r Revised C-77-10 May 11, 1977 Meeting 77-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S # Amount Name Description 3065 $175.00 Los Altos Garbage Co. Utitilities-Permanente Creek 3066 571.24 Pacific Telephone Co. Telephone Service 3067 564.87 Orchard Supply Hardware Operating, Maint. & Repair-Fiela 3068 47.21 Foster Bros. Security Systems Field Supplies 3069 18.50 North Bay Pool Chlor Inc. Pool Service-Permanente Creek i 3071 85.20 Austens Fremont Laundry Field Supplies-Coveralls 3072 107.09 Nowels Publications Advertising 3073 32.40 The Country Almanac Advertising 3074 82.64 New England Business Service Office Supplies 3075 30. 53 Kelly Services, Inc. Temporary Office Help 3076 302.73 Curtis Lindsay Inc. Office Equipment-Desk 3077 32.20 Central Radio Telephone Telephone Service 3078 22.32 Young & Associates Office Supplies I3079 30.04 P. G. & E. Utilities-Fremont Older &. Picchetti !3080 26.05 Santa Clara County Office Supplies-Clocks I,3081 7 . 65 Palo Alto Printing Office Supplies-Stamps '3082 146.71 Savin Business Machines Corp. Office Equipment Rental !3083 213 .14 Hubbard & Johnson Operating, Maint, & Repair-FieV 3084 395.15 Lawrence Tire Service District Vehicle Expense !3085 448.16 True American AMC/Jeep Inc. District Vehicle Expense 3086 23 .61 Pacific Hardware & Steel Co. Operating Expense-Los Trancos 3087 135.05 Carl R. Carlsen, Inc. District Vehicle Expense 3088 251.14 Steve Kunin Professional Services Fremont Older '3089 31.35 John Melton Private Vehicle Expense 3090 207.11 Herbert Grench Educational Assistance 3091 210.42 Herbert Grench Out of Town Meeting-Carmel 3092 1,056.46 Peninsula Office Supply Office Equipment-Desks & Chairs ; 3093 47 .00 Elmer Fox, Westheimer & Co. Copies of Financial Statements 3094 13 . 36 Diversified Transportation Parcel Service 3096 22.50 Pat Starrett Copying Official Documents # Amount Name Description 3097 $539.45 Vern's Rental, Inc. Equipment Rental-Field 3098 22.50 Del Woods Private Vehicle Expense 3099 550.00 Ellis L. Jacobs Corporation Yard Plans 1! 3101 119.89 The Times Advertising 3102 829.10 IBM Corporation Office Equipment-Typewriter 3103 113.89 Holiday Inn of Carmel Out of Town Meeting Expense 3104 48.11 Norney's Office Supplies 3105 2.00 State Of California Library 3106 40.00 Arne Advertising Agency District Vehicle Expense 3107 500.55 Red's Sharpening Service Field Supplies 3108 30.05 San Jose Art, Paint & Wallpaper Maps & Mapping 3109 3.76 Sunnyvale Dodge District vehicle Expense 3110 76.31 Avcar Rental, Inc. District Vehicle Expense 3111 115.56 Peninsula Newspapers Inc. Advertising 3112 1,124.79 Xerox Corporation Duplicating Expense 3113 91.00 Carolyn Caddes Photographs 3114 101.00 Flinn, Gray & Herterich General Insurance 3116 41.00 Bradley Clifford Private Vehicle & Meal Conferen 3117 2,500.00 Appraisal Research Co. Appraisal Services I3118 16 .05 John Melton Private Vehible Expense 13119 2,605. 00 Paul E. Nowack & Associates, Inc.Engineering Services 3120 50.55 California Water Service Co. Utilities-Permanente Creek 3121 20.20 Kelly Services, Inc. Temporary Office Help 3122 70.95 Pat Starrett Private Vehicle Expense 3123 96 .27 Carroll Harrington Private Vehicle Expense Out of Town Meeting Expense 3124 74- 62 Stanley Norton Out of Town Meeting Expense 3125 152.16 Alvord & Ferguson Field Supplies-Uniforms 3126 3. 50 Keith's Tire Centers District Vehicle Expense 3127 1,400.69 Birnie Lumber & Fence Co. Improvements-Permanente Creek, Fremont Older & Los Trancos 3128 1,750.00 Earth Moving House Removal & Clean Up 3129 291.51 Petty Cash Meal Conferences, Field Supplies Private Vehicle, District Vehic-- Office Supplies, Out' of ;Town Meeting Expense Increase Petty Cash