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HomeMy Public PortalAbout19800409 - Agenda Packet - Board of Directors (BOD) - 80-06 Meeting 80-6 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Regular Meeting Board of Directors April 9 , 1980 7 :30 P.M. (7 :30) ROLL CALL APPROVAL OF MINUTES - February 23 and March 12 , 1980 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED (7 :45) 1. Recommendation to Solicit Recreational Use Proposals for the Hassler Health Home Buildings - S. Sessions NEW BUSINESS WITH ACTION REQUESTED (8 :10) 2. Proposed Addition to Monte Bello Open Space Preserve (Collins Property) - C. Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Monte Bello Open Space Preserve - Collins Property) (8 :20) 3. Proposed Addition to El Sereno Open Space Preserve (Lovell Property) - C. Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (El Serena Open Space Preserve - Lovell Property) Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko Richard S.Bishop Edward G.Shelley,Harry A Turner,Daniel G Wendin Meeting 80-6 Page Two (8 :30) 4. Proposed Addition to Los Trancos Open Space Preserve (Fine Property) - C. Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropri- ate to Closing of the Transaction (Los Trancos Open Space Preserve - Fine Property) (8 :40) 5. National Earth Day and California Earth Week- C. MacDonald Resolution of the Board of Directors of the Midpeninsula Regional Open Space District in Support of National Earth Day and California Earth Week (8 :45) 6. Progress Report on Use and Management of Planning Area III (Los Trancos and Russian Ridge Open Space Preserves and Thornewood) - S. Sessions (9: 05) 7. CPRS/NRPA Legislative Conference and Federal Aid Briefing - H. Grench NEW BUSINESS WITH NO ACTION REQUESTED (9 :10) 8 . Problem with Revegetation Using Invasive Exotic Plant Species - Anita Jesse (9 :20) INFORMATIONAL REPORTS CLAIMS EXECUTIVE SESSION - Land Negotiations ADJOURNMENT All Ir MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Notice of Meeting of Budget Committee April 10, 1980 11:30 A.M. Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA There will be a meeting of the Budget Committee of the Midpeninsula Regional Open Space District at 11: 30 A.M. on Thursday, April 10, 1980 at 375 Distel Circle, Suite D-1, Los Altos, California, for the purpose of discussing the 1980-81 Action Plan. N O T I C E Special Meeting Board of Directors April 12, 1980 1:00 P.M. Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos,CA There will be a Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 1:00 P.M. on Saturday, April 12, 1980 for the purpose of reviewing the Monte Bello Open Space Preserve parking lot plan. The meeting will convene at 375 Distel Circle, Suite D-1, Los Altos, California and then proceed to the Monte Bello Open Space Preserve for field study. I i l . i I I M-80-31 (Meeting 80-6 4/9/80 Agenda Item #1) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 3, 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY A14D PREPARATION: S. Sessions, Land Manager, and C. DiGiovanni, Environmental Resource Planner SUBJECT: Recommendation to Solicit Recreational Use Proposals for the Hassler Health Home Buildings Introduction: The Midpeninsula Regional Open Space District is negotiating to purchase the 293 acre Hassler Health Home property in San Mateo County from the City and County of San Francisco with District funds, Land and Water Conservation Fund moneys, and funds contributed by a neighborhood assessment district. The Land and Water Conservation Fund grant requires that the buildings on the site must either be demolished or used for public outdoor recreation purposes. Recent communication with the Grants Section of the State Department of Parks and Recreation has established the following restrictions relating to building use (refer to attached correspondence) . A. There is currently no existing non-recreational use of the Hassler buildings; introduction of any non-recreational use would not be permitted. B. None of the buildings can be rented for non-recreational use on an interim basis. C. If any of the buildings were rented for recreational use, the rental income would be deducted from the grant, and income is figured on a gross basis. D. Any interim use of buildings would delay all or part of the grant reimbursement. This includes keeping buildings for a period of up to 3 years to determine possible recreation uses. Discussion: In order to proceed with demolition of any of the buildings, an environmental assessment needs to be prepared. Since recreational use of any of the buildings would affect an assessment study, it would be appropriate, at this time, to solicit proposals for possible recreational uses. Such use proposals could be solicited through publicity and various media sources, utilization of the Hassler assessment district mailing list, and contacting other known interest groups. The following constraints, if adopted, would establish proposal parameters : M-80-31 Page Two A. The proposing group would have to meet District and Heritage Conservation and Recreation Service criteria. B. The proposal would have to be for a public recreational use approved by the District and Heritage Conservation and Rec- reational Service. C. The proposing group would have to be willing and able to pay interim costs associated with the alternative study included in the environmental assessment, as well as costs connected with securing a structure until refurbished. D. It would be understood that refurbishment costs would include some exterior architectural treatment to mitigate visual impact. E. The District would not incur any incremental expenses associated with a proposed recreational use. Site inspection for potentially interested persons would be arranged upon request. The proposed process would involve the solicitation of written proposals until May 2, 1980, followed by staff review and then Board review on May 14, 1980. A Public Hearing could be held on May 28, 1980 to evaluate proposal input. At that time, staff would request authorization to engage a consulting firm to prepare an environmental assessment, estimated to cost from $7,000 to $10, 000 for building demolition- , plus adaitional costs to study uses resulting from the solicitation of proposals. It should be noted that the Hassler satellite buildings use the utilities service from the main buildings, and it would require an expenditure of funds estimated at $20, 000 to $30,000 to isolate any one building. This is important to note when considering a recreational use, including use of a building for a ranger residence, which would be desirable but does not appear to be necessary. Site protection of an isolated building could cost an additional $20,000 per year. Additionally, if any building were isolated and retained, the costs to demolish at a later date would be significantly higher than if included in the initial demolition project. Conclusion: Because of grant constraints, non-recreational use of the Hassler buildings will not be permitted. Since the grant project includes demolition of the buildings if not used for an approved recreational use, the District should resolve the question of possible uses. Recommendation: It is recommended that the Board of Directors approve the proposed constraints and process described herein. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 March 25, 1980 Mr, Keith M. Steinhart, Park and Recreation Specialist State of California -; The Resources Agency Department of Parks and Recreation F.O. Box 2390 Sacramento, California 95811 Re: Hassler Park Acquisition LWCF No. 06-00661 Dear Keith, We are presently studying the disposition of the improvements j on the Hassler Health Home property. I have reviewed the HCRS Manual Material that you forwarded, and would like to get a written opinion from HCRS to clarify the following questions : ?. Is the demolition of all of the buildings (not ulti- mately related to recreational use) required by HCRS prior to receiving grant reimbursement? 2. Can the Grant application and project agreement be ammended to include the demolition costs as a part of the project (to the project maximum of $2. 2 million) ? 3. Can any of the buildings be rented on an interim basis (specifically the main residence and duplex) ? i 4. Must any income realized from interim rental be deducted from Grant amounts, or can this income be used to help defray the costs of securing and patrolling the site? i 5. Is the income reference on a gross or net basis? i 6. Does the rental of these inprovements for non-recrea- tional purposes hold up our Grant reimbursement from the State and/or Federal Government? s of one of th ese dwellings as a ranger residence ?. Does use g g (where there is no direct income) , which is site related (and required) , qualify as an exemption from any of the above requirements? Herbe.t A.Grench.General Manager Board of Directors:Katherine Duffy.Barbara Green.Nonette G.Hanko.Richard S.Bishop,Edward G.Shelley,Harry A.Tumer,Daniel G.wendin Page Two Hassler Park Acquisition 8. The most suitable dwelling for a ranger residence would be the duplex (the other residence is quite oppulent) ; since the other half would remain vacant if not rented, would all of the above criteria still apply? If so, what would be the method of handling the income and expenses, and would this rental hold up project reimbursement? The official answers to these questions may also help us with some decisions still to be made on the Edgewood State College Site. On that project there are seven (7) dwelling units that are currently producing a monthly income of approximately $1, 650.00. Because of our current interpretation of the regulations, we (MROSD and San Mateo County) are planning to vacate and demolish all of these structures immediately after close of escrow. It seems to make more economical sense to rent these improvements on an interim basis (the 3-year maximum allowed by HCRS) to help offset some of the high management costs associated with securing and patrolling that site. Thanks again for your assistance in this matter. Sincerely L.Sincerely Britton Land Acquisition Manager LCB/fm--F cc: file n T STATE, OF CALIFORNIA—THE RESOURCES AGENCY 31 EDMUND G. BROWN lR., Governor DEPARTMENT OF PARKS AND RECREATION P.O. BOX 2390 SACRAMENTO 95811 (916) 322-9595 April 1, 1980 Mr. L. Craig Britton Land Acquisition Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 j Dear Craig: Here are the answers to your questions On the improvements on the Hassler Park Acquisition, LWCF No. 06-00661: 1. There is no restriction on grant reimbursement associated with demolition of the structures on the site. As soon as you have completed the acquisi- tion and Mike Mullen has approved the final documentation, we can reim- burse you 90% of the cost of acquisition or of the grant amount of $1,118,700, which ever is less. The remaining funds will be withheld until an audit is completed. 2. The project agreement can be amended to include these cost of demolishing structures on the site until September 30, 1980. After that date the project can not be amended to add to or alter the scope. However it can still be amended to reduce the scope or to extend the project period. 3. None of the buildings can be rented on an interim basis. The distinction between Hassler and Edgewood is that at Edgewood there is an existing non-recreation use. HCRS Policy permits continuation of an existing non-recreation use on an interim basis, but does not permit introduction of any new non-recreation use after the project period begins. 4. Income realized from interim rental must be deducted from the grant unless it is used for capital improvements. Operation and maintenance costs such as securing and patrolling the site would not be eligible. 5- Income is figured on a gross basis. 6. Interim non-recreation use of lands acquired with LWCF assistance could delay reimbursement. Payment cannot be made until the use is terminated. This would apply only to the parcel or parcels involving non-recreation use - not the entire site. There is the possibility that payment would be made sooner by subtracting one-half the projected rent for a three year period from the grant amount due on the effected parcels. I I Mr. Craig Britton Page Two 7. The use of existing buildings on a permanent basis in support of outdoor recreation, including a ranger residence, is permissible. 8. The other half of the duplex planned for use as a ranger residence cannot be rented. It can be used as a park office or other park related uses. Let me know if you need further clarification. Sincerely, kalt Keith. M. Steinhart Park and Recreation Specialist /cs I I R-80-11 (Meeting 80-6 4/9/80 N Agenda Item #2) 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 2 , 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager , S. Sessions , Land Manager, and Cynthia DiGiovanni, Environmental Resource Planner SUBJECT: Proposed Addition to Monte Bello Open Space Preserve (Collins Property) Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase approximately 7 . 8 acres of land adjacent to the recent Melton property acquisition (see attached map) . If acquired, this land would become an addition to the 2500 acre Monte Bello Open Space Preserve. The property is undeveloped except for a dirt road that connects with private property to the north and the Melton acquisition to the south. Since the properties are similar and adjacent, please refer to report R-80-6 , Proposed Addition to Monte Bello Open Space Preserve (Melton Property) , which was adopted March 26 , 1980 , for details on site description. A. Use and Management Recommendations. (1) The site should remain open for continued use by individuals who currently gain access from adjoin- ing private properties with permission from the property owners. (2) Preserve boundary signs should be installed where appropriate. B. Dedication. As in the case of the Melton parcel acqui- sition, it is recommended that this site be withheld from dedication as open space since it and the Melton acquisition constitute an isolated site with no public R-80-11 Page Two access. If Proposition 9 should pass and the Dis- trict were to face serious funding difficulties , the parcel could be sold so that other higher prior- ity land could be secured. C. Naming. It is recommended that the property become an addition to the Monte Bello Open Space Preserve and be officially known by the same name. D. Terms. The purchase agreement for this property provides for an all cash payment at the close of escrow of $60,239. 00 or $7 ,715. 00 per acre (the same unit price as authorized for the Melton purchase) . In addition, the District is required to pay the 6% real estate commission of $3 ,614 . 00. As with the recent Williams purchase, the funds for this acquisition must come from the Opportunity Purchases budget category since all of the New Land Acquisition funds for this fiscal year have been spent. It is anticipated that this escrow will close concurrently with the purchase of the Melton property, since this parcel is being purchased from Mr. and Mrs. Melton under Contract of Sale by Mr. and Mrs. Collins. Recommendation: It is recommended that the Board adopt the proposed Resolution of the Board of Directors of the Midpen- insula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Trans- action (Addition to Monte Bello Open Space Preserve - Collins Property) . It is also recommended that the Board authorize the expenditure of the necessary funds for this acquisition from the Opportunity Purchases budget category. In addition, it is recommended that the Board adopt the use and management recommendations contained within this report, withhold the site from dedication, and adopt "Monte Bello Open Space Preserve" as the official name of the site. . . .. .......... -7:- .... .. ........ ..................... ........... ... UAN 110 k SA I Ell..1 2 '7 V N", Portola Vie b Valley 4. vale *4, E. WIJ 7 PARX, A ---STM— Permanents --00 7 N 4ELI C SA"tG c.r ;oe k NEE;, X4 Jc- A. icch ; I Vill PROP Ranch 'ON r k'� I IL ov u 7 ty, Parlt t e 0 upen, S �j r oil ajer x A�,-, to It EXHIBIT A SITE MAP USGS) t ar, ioga--, PROPOSED ADDITION M X, TO MONTE BELLO OPEN SPACE PRESERVE 1" = 2000 ' North -X- RESOLUTION NO. I I I i I RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICTr AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE BELLO OPEN SPACE PRESERVE - COLLINS PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in the attached purchase agreement between James R. Collins, et ux and the Midpeninsula Regional Open Space District dated March 31, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. i I I AGREEMENT TO PURCHASE REAL PROPERTY AGREEMENT TO PURCHASE REAL PROPERTY BY AND BETWEEN James R. Collins and Roslyn A. Collins, husband and wife, hereinafter called "Seller" , and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "District. " 1. PURCHASED PROPERTY. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller' s real property located in the County of Santa Clara, State of California, consisting of seven and eight tenths (7. 8) acres, more or less, described as parcel two in the property description referred to in preliminary title report No. 173139-CG, dated December 8 , 1978 from Valley Title Company of Santa Clara County, designated Exhibit "A" as attached hereto and incorporated herein by this reference, and as outlined in orange on the exhibit map attached to said preliminary title report No. 173139-CG, and commonly referred to as Santa Clara Assessor' s parcel number 351-23-07 . 2. PURCHASE PRICE: PAYMENT. The total purchase price shall be Sixty Thousand Two Hundred Thirty-nine and No/100 Dollars ($60, 239A0) , payable at the close of escrow. 3. CONTRACT OF SALE. Any or all monies payable under this con- tract up to and including the total amount of unpaid principal and interest on that certain contract of sale recorded on October 24 , 1974 in Book B144 at page 711, Santa Clara County official records, between Richard B. Melton, et ux as Vendors, and James R. Collins, et ux as Vendees, shall upon demand be made payable to the Vendor, or assignee entitled, said Vendor, or assignee to furnish Vendee with good and sufficient receipt showing monies credited against the indebtedness of said contract of sale, and deposit a grant deed into escrow for all of Vendors rights, title and interest in said property. 4. TITLE AND POSSESSION. Title and possession of the subject property shall be conveyed to District at close of escrow by grant deed free and clear of all liens, encumbrances, easements, assessments, restrictions, rights and conditions of record except: a. Current taxes shall be prorated as of the date of close of escrow. b. Typewritten exceptions numbered 2 through 10 as listed in said preliminary title report No. 173139-CG. 5. COSTS. District shall pay and satisfy all escrow, recording and normal title insurance charges incurred in this transaction. Seller shall be responsible for and pay all costs of any reconveyance of deed of trust, full release of mortgage or any legal costs or fees incurred in order to deliver marketable title to District. 6. COMMISSIONS. District shall be responsible for and pay a real estate sales commission in the amount of 6% of the full purchase price, for a total of $3, 614. 00, to Cal-Sun Development Corporation. Seller shall have no obligation to pay any, real estate agent ' s commission or other related fees in connection with this transaction. i 7. LEASES. Seller warrants that there are no oral or written leases or rental agreements on all or any portion of the subject pro- perty, or persons lawfully occupying the property, and Seller agrees to hold District harmless and reimburse District for any and all lia- bility, losses or expenses occasioned by reason of any such lease or rental agreement or occupancy of the property. 8. ACCEPTANCE. District shall have twenty-five (25) days from the date of execution hereof by Seller to accept and execute this agree- ment, and during said period, this contract shall constitute an irrevo- cable offer by Seller to enter into a contract with the District on the terms and conditions set forth herein, in consideration of which District has paid, and Seller acknowledges receipt of the sum of $10 . 00. This transaction shall close on or before April 30, 1980, through an escrow with Valley Title Company, 300 South First Street, San Jose, California 95113, escrow No. 173139-LG. 9. The provisions hereof shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: APPROVED AS TO FORM: SELLER: Stanley Norton, District Counsel James R. Collins ACCEPTED FOR RECOMMENDATION: Roslyn A. Collins L. Craig Britton Dated: Land Acquisition Manager RECOMMENDED FOR APPROVAL: Herbert Grench General Manager APPROVED AND ACCEPTED: CAL-SUN Development Corporation By: By: Barbara Green, President Alvin C. Bromm Board of Directors Dated: Dated: ATTEST: Clerk of the Board R-80-14 (Meeting 80-6 4/9/80 Agenda Item # 3) Owc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 3, 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, and C. DiGiovanni, Environmental Resource Planner SUBJECT: Proposed Addition to El Sereno Open Space Preserve (Lovell Property) Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase approximately 35 acres of land in two parcels in an unincorporated area above the Towns of Saratoga and Monte Sereno. The properties are located on the eastern and western boundaries of a 16 acre section of the El Sereno Open Space Preserve which is non-contiguous to the major portion of the 1,000 acre Preserve (see attached map) . A. Description of the Site. 1. Location and Boundaries. This unincorporated property is located on Linda Vista Avenue within the Sphere of Influence of the Town of Monte Sereno. It is bordered to the south and west by San Jose Water Works lands, by the El Sereno Open Space Preserve to the east and by private property to the north. 2. Topography and Natural Resources. Topography on this hillside parcel ranges from 1800 to 1280 feet. The site resembles the existing portion of the Preserve in that it contains a similiar mixture of chaparral and creek woodland plant communities. 3. Existing Development. The property fronts on Linda Vista Avenue, a private road, but contains no development. R-80-14 Page Two 4. Conformity. This acquisition has been found to be in conformity with the Santa Clara County General Plan. B. Use and Management Recommendations. 1. Since the site contains no roads or trails, it should be managed as a natural area open to explorers. 2. Preserve boundary signs and fencing should be instal- led on Linda Vista Avenue as necessary. C. Dedication. It is recommended that this site be withheld from dedi- cation as open space since it is contiguous to a parcel which has been withheld from dedication to allow for a possible trade with an adjacent property owner. If Proposition 9 should pass and the District were to face serious funding difficulties, the parcel could be sold so that other higher priority land could be secured. D. Naming. It is recommended that the property become an addition to the El Sereno Open Space Preserve and be officially known by the same name. E. Terms. The purchase agreement stipulates a purchase price of $35, 000. 00 (approximately $1,000/acre) . The sum of $10,000, or approximately 29% of the purchase price, is required at the close of escrow and the balance of $25,000. 00 would be payable in five annual installments of $5 ,000. 00 each plus accrued interest at the rate of 8% per annum. The seller would pay all escrow and title insurance fees and real estate commissions. Again, this required down payment of $10, 000. 00 would have to come from the Opportunity Purchases budget category. Recommendation: It is recommended that the Board adopt the proposed Resolution of the Board of Directors of the Midpenin- sula Regional open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Trans- action (Addition to El Serena Open Space Preserve - Lovell Property) R-80-14 Page Three It is also recommended that the Board authorize expenditure of the necessary funds for this purchase from the Opportunity Purchases budget category. In addition, it is recommended that the Board adopt the use and management recommendations contained within this report, withhold the site from dedication, and adopt "El Sereno Open Space Preserve" as the official name of the site. •4. X. — �� ���/gar' 1,�. f •� •s_ 1 ,_ .e �' — X- � � ��'::�.�: X. 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Kea f �.,• Ea ,r . e EXHIBIT A — SITE MAP (USGS) 1 ��� _ ''k;ti• Jf/ 5 ` -� i ,. / r Rtdruud •IUderflRn Estates " .tfotr Clfp a 5 f PROPOSED ADDITION �ch � l✓-� `� �� � w C '_a OPEN SPACE PRESERVE \\\ „•„„..f. kCxel`luirst 1 \ l 3 r clenwwd. Af Ij a as a� �\. \ / / !. / j) •� a y,� r "=2 0 0 ' NORTH lampita ww«.qw-...•.rt•, +.. .a•w•Arwwrw+•....+w.�+w•.•..�.a+u ! _ V� rtE , _ �0' � it RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE - LOVELL PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer con- tained in the attached purchase agreement between Verl J. Lovell and the Midpeninsula Regional Open Space District dated March 31, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance to any Y deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authroized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is author- ized to expend up to $500 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. I i 4. COSTS. Seller shall pay all escrow, recording and normal title insurance -charges incurred in this transaction. Seller shall be respon- sible for and pay all costs of any reconveyance of deed of trust full release of mortgage, or any legal costs or fees incurred in order to deliver marketable title to District. 5. COMMISSIONS. Seller shall be responsible for and pay the real estate sales commission in the amount of 6% of the full purchase price, for a total of $2, 100. 00,to Little Village Real Estate, Inc. The District shall have no obligation to pay any real estate agent' s commission or other related fees in connection with this transaction. 6. LEASES. Seller warrants that there are no oral or written leases or rental agreements on all or any portion of the subject property, or persons lawfully occupying the property, and Seller agrees to hold the District harmless and reimburse the District for any and all liability, losses or expenses occasioned by reason of any lease or rental agree.-.-. ment or occupancy of said property. 7. ACCEPTANCE. District shall have thirty (30) days from and after the execution hereof by Seller to accept and execute this agree- ment, and during said period, this contract shall constitute an irrevo- cable offer by Seller to enter into a contract with the District on the terms and conditions set forth herein; in consideration of which District has paid, and Seller acknowledges receipt of the sum of $10. 00. This transaction shall close within thirty (30) days after District' s execution hereof as above mentioned, through an escrow with Western Title Insurance Company, 210 Almendra Avenue, Los Gatos , California 94030, escrow No. LG 461627. 8. The provisions hereof shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: APPROVED AS TO FORM: Stanley Norton, District Counsel ACCEPTED FOR RECOMMENDATION: L. Craig Britton Land Acquisition Manager SELLER: RECOMMENDED FOR APPROVAL: Verl J. Lovell Herbert Grench General Manager Dated: APPROVED AND ACCEPTED: LITTLE VILLAGE REAL ESTATE: By: By: Barbara Green, President Board of Directors Dated: Dated: ATTEST: Clerk of the Board R-80-15 (Meeting 80-6 4/9/80 w. Agenda Item # 4) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 4, 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, and C. DiGiovanni, Environmental Resource Planner SUBJECT: Proposed Addition to Los Trancos Open Space Preserve (Fine Property) Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase approximately 23 acres of land at the intersection of Page Mill Road and Skyline Boulevard in an unincorporated area of the Palo Alto foothills. The property would become an addition to the 274 acre Los Trancos Open Space Preserve. Because of its location at the intersection of Skyline Boulevard, Page Mill Road, and Alpine Road, the property represents a poten- tially valuable staging area for exploring recreational lands throughout the Santa Cruz Mountains. It is also a logical destination point for hikers and equestrians coming from Foothills Park, Monte Bello Ridge, Portola State Park, as well as from points north and south on Skyline Boulevard. A. Description of the Site 1. Location and Boundaries. Located in an unincorporated area, 2 acres (Parcel A) are within San Mateo County and approxi- mately 21 acres (Parcel B) are within Santa Clara County (see attached map) . The property is bordered by Page Mill Road to the south and east, Skyline Boulevard to the west and private property to the north. The existing Los Trancos Open Space Preserve is located 0. 3 miles to the northeast, the Russian Ridge Open Space Preserve is directly across Skyline Boulevard, and the McNiel property, which is an approved addition to the Monte Bello Open Space Preserve, is directly across Page Mill Road. R-80-15 Page Two 2 . Topography and Vegetation. Elevation on this ridgetop site varies from 2200 to 2360 feet. Very little native vegetation can be found on the site which has undergone much disturbance in the past. Mature pines and Eucalyptus dominate the property. B. Current Use and Development. The owner has over 30 junked vehicles stored on the property. An unoccupied, uncompleted, burned house and 11 other small wood frame shacks are located in the southern half of the site. Because of the presence of several badly constructed dirt roads, dumps, and open trenches, as well as the generally disturbed nature of the site, extensive restoration efforts would be required. C. Planning Considerations. Acquisition of the property has been found to be in conformity with the Santa Clara and San Mateo County General Plans . D. Use and Management Recommendations. 1. The site should be closed to the public until all safety hazards are removed. 2. Staff should evaluate measures to be taken for resource restoration and mitigation of safety hazards, and return to the Board for appropriation of funds from the New Site Protection and Site Preparation budget categories within the next six months. E. Dedication. If Proposition 9 should pass and the District were to face even more serious funding difficulties, a portion of the parcel could be sold and only a trail easement retained. Since the potential trail alignment has not been established, the entire parcel should be withheld from dedication as open space to allow for this flexibility. F. Naming. It is recommended that the property become an addition to the Los Trancos Open Space Preserve and be officially known by the same name. G. Terms. The attached purchase agreement requires a cash payment of $238,000 at the close of escrow, for a unit price of $10, 350 per acre, a price that is consistent with other building sites in the area and similar District purchases. The agreement also stipulates that the sellers will remove all of the debris, R-80-15 Page Three vehicles, structures and materials from one site. The District will withhold $20,000 in escrow to assure that all of these items are removed. It is anticipated that escrow would close towards the end of April; however, Mr. Fine would retain possession of the premises until May 31, 1980 in order to complete the clean-up and debris removal. The funds for this purchase would be required from the Oppor- tunity Purchases budget category. Recommendation: It is recommended that the Board adopt the proposed Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Addition to Los Trancos Open Space Preserve - Fine Property) . It is also recommended that the Board authorize expenditure of funds from our opportunity Purchases budget category. In addition, it is recommended that the Board adopt the use and management recommendations contained within this report, withhold the site from dedication, and adopt "Los Trancos Open Space Preserve" as the official name of the site. [ G: _ :_.. - r` `��-i � �_�, �;; `';l' `;�,,� •::•:�\%:•:` .•,;. r� `•-C� r � ,•per._: �.-_:_�: `Zf \; ant' fto \ t 0 $•ss \ �� 1 D / N \ •DES �J \ "�\f ',� 1�:: ee e. bb eX 1/• N � iBQO ��` \ r! ti e J •��{• by ZV�. /r u•na.1� l �\/ \` �\\ � ��.��ti, _ � � �' 9 Po rtola ,r- a, • o0 5 Fq LOST •+ _ � J 4 ��� • � Q Altos �wur. 'a a• - � �� �\�` � �' « `9 Hills s ," � s ,� ��, � _ < Yale � S � •;' ��` »000r . . EXHIBIT A — SITE MAP (USGS) 13 Permanente �3 ` `6�- r 1 PROPOSED ADDITION f aE. *s ` W TO LOS TRANCOS �.°!..II+•r SrEV NS, ,t + OPEN SPACE PRESERVE CREEK su+.roc.GAP 2 1 a\w� 1u = 2000 ' NorthTA U rlioc pMK � sr.iE~c9f� _ 9 Ro.- •"• 15Q0 ,AI�� _ ,.�,r,.r�....rrr ,� �` ✓.i,�.` .:........r..•,-.,.�;r;m.,•.....,a,rm•.....rm. - I•r� RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE A14Y AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION ( RUSSIAN RIDGE OPEN SPACJ� PRESERVE - FI14E PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open tbP offer con- tained in the illy Ray Fine, et ux and the -ict dated April 4, 1980 -id by reference made a part h 3 appropriate officers to e );t2 1 )istrict. Section zer appropriate officer is at �-D Gc� ::ceptance to any deed (s) c Section trict shall cause to be c to the seller. The General P e any and all other documei to the closing of the transi Section rict is author- ized to expel tle insurance, escrow fees, to this trans- action. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE A14Y AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LOS TRANCOS OPEN SPACE PRESERVE - FINE PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer con- tained in the attached purchase agreement between Billy Ray Fine, et ux and the Midpeninsula Regional Open Space District dated April 4, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is author- ized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this trans- action. AGREEMENT TO PURCHASE REAL PROPERTY AGREEMENT TO PURCHASE REAL PROPERTY BY AND BETWEEN Billy Ray Fine and Linda Lucille Fine, husband and wife, hereinafter called "Seller" , and Midpeninsula Regional Open Space District, herein- after called "District" . 1. PURCHASED PROPERTY. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller' s real property located in the County of Santa Clara and the County of San Mateo, State of California, consisting of 22. 952 acres, more or less, and commonly referred to as: (a) Santa Clara County Assessor ' s Parcel No. 351-07-003 as described in the property description referred to in preliminary title report number 1-8061 dated December 4 , 1979 from First American Tit16 Guarantee Company (Santa Clara County) designated Exhibit 'A' as attached hereto and made a part hereof by this reference, and (b) San Mateo County Assessor' s Parcel No. 080-272-010 as described in the property description referred to in preliminary title report No. 270805-JPT dated December 18, 1979 from First American Title Insurance Company (San Mateo County Divi- sion) designated Exhibit 'B' as attached hereto and made a part hereof by this reference. Said property is outlined in orange on the map labeled Exhibit ' C' as attached hereto and incorporated herein by this reference. 2. PURCHASE PRICE: PAYMENT. The total purchase price shall be Two Hundred Thirty Eight Thousand and No/100 Dollars ($238 , 000. 00) , payable at the close of escrow, subject to the terms and conditions of clause 9 hereinbelow. 3. TITLE. Title to the subject property shall be conveyed to District at close of escrow by grant deed free and clear of all liens, encumbrances, easements, assessments, restrictions, rights, and conditions of record except: a. Current taxes shall be prorated as of the date of close of escrow. b. Typewritten exceptions numbered 1 through 5 listed in said title report Number 1-8061 (Exhibit 'A' - Santa Clara County). C. Typewritten exceptions numbered 3 through 6 listed in said title report Number 270805-JPT (Exhibit 'B' - San Mateo County) . 4. COSTS. District shall pay all escrow, recording and normal title insurance charges incurred in this transaction. Seller shall be responsible for and pay all costs of any reconveyance of deed of trust, full release of mortgage or any legal costs or fees incurred in order to deliver marketable title to District. 5. COMMISSIONS. The District shall have no obligation to pay any real estate agent' s commission or other related fees in connection with this transaction. 6. KNOWING WAIVER. SELLER and DISTRICT understand and agree that SELLER may be entitled to receive the fair market value of the property depicted on exhibit 'C' , as provided for by Government Code section 7267. 2, and as determined by an appraisal obtained by DISTRICT; seller acknowledges and understands that no such appraisal has been made of said property, and SELLER hereby waives any and all existing and/or future rights they may have to the fair market value of said property, appraisals, etc. , as provided by said Government Code sections. 7. LEASES. Seller warrants that there are no oral or written leases or rental agreements on all or any portion of the subject property, other than one business associate of Seller, and Seller agrees to hold the District harmless and reimburse the District for any and all liability, losses and expenses occasioned by reason of any such lease or rental agreement or occupancy other than said business associate of Seller. 8. RELOCATION WAIVER. It is understood and agreed by and between the parties hereto, that the payment stipulated in clause 2 hereinabove , includes, but is not limited to payment for any and all claims Seller or tenants or associates of Seller may have for relocation assistance benefits and/or payments pursuant to California Government Code Title 1, Division 7, Chapter 16 (Sec. 7260 et seq. ) . Seller warrants that it will provide relocation of the current occupants of said property, including Seller, and Seller agrees to deliver the property described in Exhibits 'A' and 'B' vacant of all persons and personal property on or before May 31, 1980 as provided in clause 10 hereinbelow, and Seller, on behalf of itself and on behalf of the tenants and occupants of the premises, hereby specifically waives and releases District and its successor from any and all claims, by whatever name known, including, but not limited to claims for relocation benefits and/or payments pursuant to said California Code Section 7260 and following; and Seller agrees to hold District harmless and reimburse District for any and all liability, losses and expenses occasioned by reason of any and all of such claims. 9. REMOVAL OF PERSONALTY AND DEBRIS. It is understood and agreed by and between the parties hereto that included in the amount payable under clause 2 hereinabove is payment in full to compensate Seller for the expense in performing the following work: a. Remove and dispose of 35± motor vehicles, and miscellaneous motor vehicle parts, including engines, transmissions, etc. b. Remove and dispose of stock-piled used building materials. C. Remove and dispose of various buildings, sheds and shacks in varying degrees of disrepair d. Remove and dispose of accumulation of garbage, debris, tires, metal, junk and scrap and all other extraneous materials . e. Leave the property in good order and condition. It is agreed that seller will remove these items from, the property on or before May 31, 1980. It is further agreed that from the amount payable under clause 2 hereinabove, District is authorized to withhold the sum of Twenty Thousand and No/100 Dollars ($20, 000. 00) to cover District' s cost to remove said items in the event seller fails to perform said removal or fails to leave the premises in a clean and presentable condition. 10. POSSESSION. It is agreed that Seller shall deliver possession of said purchased property, vacant, to District on or before May 31, 1980, in good order and condition, without further notice, and immediately thereafter deliver any keys thereto to District at 375 Distel Circle, Suite D-1, Los Altos, California 94022, and also pay all closing utility bills up to and including the date of vacation. 11. ACCEPTANCE. District shall have until Thursday, April 10, 1980 to accept and execute this agreement, and during said period, this contract shall constitute an irrevocable offer by Seller to enter into a contract with the District on the terms and conditions set forth herein, in consideration of which District has paid, and Seller acknowledges receipt of the sum of $10. 00. This transaction shall close on or before Friday, April 25, 1980, or when Seller can deliver marketable title in accordance with clause 3 hereinabove whichever occurs last, through an escrow with First American Title Guarantee Company, 625 North First Street, San Jose, California 95112, escrow number 1-8061-JP. 12. The provisions hereof shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: APPROVED AS TO FORM: SELLER: Stanley Norton, District Counsel Billy Ray Fine ACCEPTED FOR RECOMMENDATION: Linda Lucille Fine L. Craig Britton Land Acquisition Manager Dated: RECOMMENDED FOR APPROVAL: Herbert Grench, General Manager APPROVED AND ACCEPTED: By: Barbara Green, President Board of Directors Dated: ATTEST: Clerk of the Board R-80-12 (Meeting 80-6 4/9/80 `oB*o Agenda Item #5) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 4 , 1980 I) TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. MacDonald, Public Communications Coordinator SUBJECT: National Earth Day and California Earth Week Discussion: April 22 , 1980 has been declared National Earth Day. In addition, April 20 through 27 has been declared California Earth Week. Both these observances offer the District an oppor- tunity to participate in some "environmental consciousness-raising" about the critical need for conservation measures and the District' s role in such efforts. Our planned Earth Day/Earth Week activities are as follows : APRIL 19 and APRIL 26 at Los Trancos Open Space Preserve Special Earth Day Appreciation Walks led by some of our most knowledgeable and experienced docents. This series of walks is by invitation only to the paid subscribers to Openspace. Board and staff members are cordially invited to join in this tribute to some special friends of the District. (See attached invitation for details of time, place , and car- pooling plans. ) APRIL 20 at Fort Mason, San Francisco The District will participate in San Francisco' s Earth Day Exposition, "The Quiet Crisis" , with an information booth and slide/sound show. APRIL 7 through 27 (approximately) KNTV-Channel 11 will air a 10-second public service spot about the District four times each day. Recommendation: I recommend that you express your support of Earth Day and Earth Week by adopting the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District In Support of National Earth Day and California Earth Week. CM: sh i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT IN SUPPORT OF NATIONAL EARTH DAY AND CALIFORNIA EARTH WEEK WHEREAS, the precepts of National Earth Day, April 11, 1980 and California Earth Week, April 20 - 27 , are: To continue efforts to improve the quality of life on this planet and to enhance its natural resources ; To reach out to, and develop ties with, other movements that are striving to strengthen the role of the individual and the local community in our society; To show that conservation of resources and the enhancement of the environment is not just a moral responsibility, it is also good economics and good business; To show that sound environmental policy does not just conserve natural resources, it also significantly reduces social burdens and economic costs; and WHEREAS, these precepts are part and parcel of the work of the Midpeninsula Regional Open Space District not only on Earth Day but every day of the year; NOW, THEREFORE, BE IT RESOLVED that the Midpeninsula Regional Open Space District joins in the observance of Earth Day and Earth Week, 1980. '*tatr Vf 611if=ia GOVERNOR'S OFFICE SACRAMENTO Z.5014 EDMUND G. BROWN JR. 916/445-4571 GOVERNOR "Hurt not the earth, neither the sea, nor the trees. This biblical admonition is timely indeed in this age when mankind has become increasingly aware of the violence done to his natural environment. The ecological problems we face are serious but they are also soluable. In recognition of the need to focus more attention on environmental problems, therefore, I am pleased to join in observing April 20 to 27 as California Earth Week. Si c !rely, ...................... EDMqID G. ROWN JR. Gov nor �e1e�Ya�iaf� a rrr�A tr,� tar nmszrAe�� S c��is�iit� r7/i/tS Z�011 /o a �9cc l�)c &,r-er kal'ZL J Q✓� Mf LC6 "PQA,%JCOS OPEt�J 5PPCU- VIDE EQ-VE on vfajar-day, c�i�19 - -/o Yo,5 7ra -Z,o,S aF �/ KZT L7f �4' a; sAcu fd- be a bfau Yr ��'a z� f �P Ao e--��� ilAf cfa 7/f l R-80-13 (Meeting 80-6 4/9/80 Agenda Item #6) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 3, 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: S. Sessions, Land Manager, and C. DiGiovanni, Environmental Resource Planner SUBJECT: Progress Report on Use and Management of Planning Area III (Los Trancos and Russian Ridge Open Space Preserves and Thornewood) Introduction: The Land Management Planning Process incorporates a procedure for monitoring the use and management of District preserves. Brief progress reports are prepared every two years and alternate with more in-depth use and management reviews. A. Los Trancos Open Space Preserve. This dedicated Preserve continues to be one of the most heavily used District Preserves, even though, at 274 acres, it is one of the smaller sites. In the past year, about 2,500 visitors took docent-led tours of the Preserve, and during this spring, the parking lot has been full every weekend with additional cars parking on Page Mill Road. This weekend parking situation requires the rangers to spend a significant amount of time directing traffic. 1. Completed Projects. a) A pedestal-style pay iDhone placed in the parking lot was sawed off at the base and stolen six months after instal- lation. Staff has decided not to replace the phone because of the recurrent vandalism problems in the area and replacement costs of $1100. However, there is still a need for a phone in this remote area, and one could probably be located in the Monte Bello Open Space Pre- serve parking area at some future date. b) The parking lot was regarded to alleviate a drainage problem. c) The loop trail system was re-signed for clarification. 2. Incompleted Projects. The replacement of the perimeter fence and installation of traffic warning signs was held in abeyance because of budget limitations. These projects should be considered as funding permits. R-80-13 Page Two 3. New Recommendations. a) Because of increased general use of the site and special group events, such as regularly scheduled wildflower walks during May, staff recommends that restroom facilities be provided. One portable restroom unit could be installed immediately for a 90 day period to mitigate the management problem now being experienced on the Preserve. The Monte Bello Open Space Preserve Development Plan includes a restroom facility. When the Monte Bello restroom is completed, it could service the Los Trancos Open Space Preserve. b) The lower loop trail should be signed, and the new style of District trail signs incorporating distances should be phased into the rest of the trail network. B. Thornewood Staff is investigating creative possibilities involving restoration and management of the main Thornewood residence, located within the 87 acre dedicated site. The paved driveway from La Honda Road washed out this winter, and repair costs are estimated at $2500. Staff is investigating repair alternatives and, when soil conditions permit, will initiate reconstruction. 1. Completed Projects. a) The District granted a permit to CALTRANS to enter the site and stabilize a slide area on La Honda Road (State Route 84) . However, the roadbank slipped again during the winter' s heavy rainstorms and staff has requested that CALTRANS do further work on the site. b) A three-car garage was constructed on the life estate portion of the property to replace the former one car garage. 2. Incompleted Projects. The trail connection to Wunderlich is in the planning stage. 3. New Recommendations. None. C. Russian Ridge Open Space Preserve This Preserve was expanded by 32 acres when the District took title to the former Williams property on Mt. Melville on April 1, 1980. Under the agreement, the former owner will be allowed R-80-13 Page Three to remain in residence on the property until June 1, 1980. Recommendations concerning the residence area will be made before the former owner vacates and after staff has had an opportunity to evaluate the structures more closely. The question of dedication will also be addressed before June 1. 1. Completed Projects. The grazing tenant who leases 1300 acres on Russian Ridge continues to run cattle on the property through a lease agreement and pays the District $750 per fiscal year. The lease will be renewed in July, 1980 for one year. 2 . Incompleted Projects. None. 3. New Recommendations. None. Recommendation: It is recommended that the Board adopt the new use and management recommendations contained in this report. M-80-30 (Meeting 80-6 4/9/80 Agenda Item #7) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM March 31, 1980 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: CPRS/NRPA Legislative Conference and Federal Aid Briefing Attached is a pre-registration form for the CPRS/NRPA Legislative Conference & Federal Aid Briefing to be held May 14 and 15, 1980 in Sacramento. In the past a Board member has attended at least some of these conferences and has found it quite worthwhile. You may wish to authorize reimbursement of certain expenses for a Director to attend this year. If so, staff would make necessary reservations and pre-registration. I plan on attending and will also have other business in Sacramento . P R F-R E G I ST P rk T 10 NT F""v'R Nil "CPRS/NRPA LEGiSLA71VE CONFERENCE FEDERAL 1110 BRIEFING" Pre-Registration Required This Form, To: 7, lbz ' CPF.3/N, R1V1A Legislative Conference 140U1,(SlreeC Suite'SQ2 PLEASE PRINT Sacrarnet,to, CA 95Fi 14 NAME, DEPT./AGENCY ADDRESS ---------- CITY QTATF ---- ZIP ------- Narre of your: State Senator State Assemblymember(s) -;,iatois io tiie'rhui.-;dcy REGISTRATION FEE- $35.06 includes two meals, reception, bc.,_'kground materials, registration kit, all session: . MAKE CHFCKS PAYABLE TO CPI S FIB TEI RESERVATION FORM (','oinplete this form and return to CPRS/NRPA Legislative Corderence, 146O K Street, Suite 132, Sacramento. California 95814. To htsurn accom'nnodctiola' reservationr, niw;t trie, rvc­'ivid t%yo pdOr to YOUI arrival. Deposit of ant- night's roorn zatfr is required to 11011d rown. IMPORTANT TO YOIJ MAKE CHECK PAYABLE TO THE MANSION INN HOTEL. INAME ADDRESS STATE Zip Dcte of Arrival P.M. Date ol Departure ,_ Number of nights desired ------- CPRS/NRPA Legislative Conference and Federal Aid Briefing,May 14-15, 1980 Conference Hotel Single Dbl./Twin Mansion Inn $32 $38 Three blocks from Convention Center National Recreation&Park Association U,S), POSTAGE 1400 K Street, Suite 302 PAID Sacramento, California 95814 I Po,niltNo. 1622 Non-Prof' I Org, aMento, CA �7 95814 TIME VALUE DATED MATERIAL M-80-31 (Meeting 80-6 N4 oe 4/9/80 4 b 0M Agenda Item #8) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 2 , 1980 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Problem with Revegetation Using Invasive Exotic Plant Species Discussion: At your meeting of March 12 , 1980, you considered a Written Communication from Ms. Anita Jesse of the Santa Clara Valley Chapter of the California Native Plant Society. Ms. Jesse' s letter dealt with the use of invasive exotics for the Kaiser Quarry revegetation project. After discussing the letter, you decided, by consensus , to include Ms. Jesse on the April 9 , 1980 agenda under a no action requested cate- gory. Staff has contacted Ms. Jesse, and she will be present at the April 9 meeting and will address the Board under New Business With No Action Requested. i i i AMENDED IN ASSEMBLY MARCH 24, 1980 CALIFORNIA LEGISLATURE-1979-80 REGULAR SESSION ASSEMBLY BILL N©. 2314 _ _ Introduced by Assemblyman Knox � February 12, 1980 REFERRED TO COMMITTEE ON WATER, PARKS, AND WILDLIFE An act to amend Section 5544.1 of the Public Resources Code, relating to regional park districts. LEGISLATIVE COUNSEL'S DIGEST AB 2314, as amended, Knox (W, P., & W.). Regional park district: borrowing. Under existing law, a regional park district is authorized to borrow money by issuance of promissory notes or other evidences of indebtedness for any revenue-producing purpose for which the district is authorized to expend funds, in an amount or of a value not exceeding in the aggregate at any one time the sum of $200,000 or 5% of the assessed valuation of the real and personal property situated in the district, whichever is the lesser amount. The interest on the indebtedness may not exceed 8 75 per ann um., This bill would instead limit the amount of such borrowing to the greater of % of the total of the district's general fund --- and development fund budgets for the year in which the loan is made or the sum of $500,000, and would increase the �� permissable interest rate to not greater than 1075 per ann um. The bill would also prohibit a district from expending in any * one year any amount of money in excess of what it collects t' - , from specified sources and receives from other sources in %* 98 30 AB 2314 —2— —3— AB Z addition to funds borrowed pursuant to such provisions. I restrict the authority of the district to issue promissc Vote: majority. Appropriation: no. Fiscal committee: no. 2 notes or deeds of trust in the acquisition of real prope) State-mandated local program: no. 3 or the exercise of its right of eminent domain subject 4 the limitations set forth in Section 5568. The people of the State of California do enact as follows. 5 Nothing herein shall limit the authority of the distr. 6 to borrow pursuant to Section 5544.3. 1 SECTION 1. Section 5544.1 of the Public Resources 2 Code is amended to read: 3 5544.1. Notwithstanding any other provisions of this 4 article, the board may borrow money by issuance of 5 promissory notes or other evidences of indebtedness in an amount, or of a value, not exceeding in the aggregate at any one time the greater of5 percent of the total of the 8 district's general fund and development fund budgets for 9 the year in which the loan is made, or the sum of five 10 hundred thousand dollars ($500,000), to be used for any 11 revenue-producing purpose for which the district is 12 authorized to expend funds, 13 A district shall not expend in any one year any amount 14 of money in excess of what it collects in property taxes, 15 state and federal subventions, grants, loans, and income 16 from fees, gifts, of bequests bequests, or income from 17 other sources in addition to funds borrowed pursuant to 18 this section. 0 19 Indebtedness incurred pursuant to this section shall be 20 repaid inapproximately equal annual installments during a period not to exceed five years from June 30th of the fiscal year in which it is incurred and shall bear interest 23 at a rate not exceeding 8 10 percent per annum payable 24 annually or semiannually or in part annually and in part 25 semiannually. 26 Each such indebtedness shall be authorized by a 27 resolution of the board unanimously adopted,and shall be 28 evidenced by a promissory note or contract signed by the 29 president of the board and attested by the secretary. 30 The indebtedness authorized to be incurred by this 31 section shall be in addition to, and the provisions of this 32 section shall not apply to, any bonded indebtedness 33 authorized by vote of the electors. 34 Nothing herein shall be construed so as to limit or SACRAMENTO OFFICE COMMITTEES STATE CAPITOL i SACRAMENTO.CALIFORNIA 95814 CHAIRMAN, FINANCE, PHONE: (916) 445.7874 INSURANCE,AND COMMERCE DISTRICT OFFICE JUDICIARY 554 VALLEY WAY ■.L LL /T1� /7.7^ e ra LABOR. EMPLOYMENT,AND M ILPITAS,CALIFORNIA 95035 CONSUMER AFFAIRS PHONE: (408) 263.5300 CALIFORNIA LAW REVISION (415) 791.2151 COMMISSION SALBIEASS altf x �a Eqislature JOITORTLABILITYON ADMINISTRATIVE ASSISTANT ALISTER McALISTER ASSEMBLYMAN, TWENTY-FIFTH DISTRICT CHAIRMAN FINANCE, INSURANCE, AND COMMERCE aQD0. 13 March 13, 1980 Mr. Herbert Grench General Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Dear Mr. Grench: Thank you for your letter expressing your support for Senator Nejedly' s SB 547 , relating to financing parklands and renewable resources through the issuance of bonds. You will be pleased to know that I voted for this measure and that it passed both houses of the Legislature and was signed by the Governor. Its ultimate fate now depends upon whether the people approve Proposition 1 at the June 3, 1980 Primary Election. Sincerely yours, ALISTER McALISTER AM:bmc i O s k, S 9 A- K 2 Y j 9 N p 2 E 9 q B G O SANTA U CLARA L E v A SOUTH SKYLINE ASSOCIATION- 20225 Skyline Blvd., Woodside, Calif. 94062 R D PEOPLE CONCERNED WITH THE BEAUTY AND THOUGHTFUL PLANNING OF THE SOUTH SKYLINE i•,arch 31, 1980 Congressman Pete McCloskey 305 Grant Avenue Pala Alto, CA 943Q6 Re: Skyline Scenic Corridor Dear Pete; At the general meeting of the South Skyline Association on January 17 Mr. Bob Augsberger of the Peninsula Open Space Trust and Ms. Cynthia Spiller of your office listened to a packed audience expressing their desires and concerns about a possible "Skyline Scenic Corridor." You had asked Mr. Augsberger about 9 months previously to examine the possibility of the National Park Service developing a national parkway here. He reported that NIPS standards for a National parkway were inconsistent with the present Skyline Boulevard, and that much road development work would be necessary simply to meet these standards. We doubt that you or any resident would favor any such development work. Ms. Spiller's letter of January 28 to the South Skyline Association, your letter of March 3 to local constituents announcing your town meeting at Skywood Chateau, and your discussion at that town meeting (March 9) all indicate your interest in pursuing some form of Skyline Scenic Corridor action. We very much appreciate your interest in local reaction to any new planning process and your interest in our involvement in the process. You and Ms. Spiller have both indicated the very good prospects of receiving federal funds for planning a possible Skyline Scenic Corridor. At the two subsequent board meetings of the South Skyline Association since the January general meeting we have discussed the Skyline Scenic Corridor concept. We wish to inform you that our position is that no federal or other public money be allocated for any formal study until ample local hearings are held to establish that this is a needed project. This position arises from the realization that allocating money to study the need for a project often predetermines the need for the project (see USGAO report CLAD 80-14, dated Dec. 14, 1979, "The Federal Drive to Acquire Private Lands Should be Reassessed"). Our Association, with the close cooperation of the Kings Mountain Association (fir. Jim Wickett, President) and the South Coast United Councils is seriously considering conducting hearings along Skyline Boulevard in the next few months to receive and document the local interest ana suggestions concerning a possible "Skyline Scenic Corridor." We will pursue this issue at future Board meetings and keep you informed of any plans for hearings. i Sincerely yours, , Ricnarct Schwind, President r SB 1969 -2— 1 per dey fef attendanee @R eaek i d� 1 2 #-lie beams; a4 , 3 attendeftee ak bed,;, eeinfaittee F t, ree i board � 5 � e 'e*beams l trips-,of f�atteedaeee } heatiagor The 6 erllewable to a beams amber ea aW givett ShA be 7 Al#j�dollars-($60).one hundred dollars($100) per day for t 8 each attendance at public meetings of the board Board 9 -members shall not'receive ay other compensation, and 10 no board member shall receive more than two hundred 11 dollars ($200) compensation under the provisions of this 12 section in any one calendar month,except that the-board I 13 may provide by ordinance or resolution that each of its 14 members may participate in any medical or dental plan 15 on the-same terms and conditions available to permanent a 16 employees of the district 17 The board of directors shall fill all vacancies on the 18 board, including those caused by the death or resignation 19 of a member, or the establishment of new wards; but 20 whenever a vacancy exists for 30 days the Governor shall `4 21 fill the vacancy. The person appointed to fill any vacancy 22 shall hold office for the remainder of the unexpired term 23 of his predecessor; except that in the case of newly 24 created wards, the directors shall, prior to making 25 appointments, determine by lot for the purpose of fixing 26 the terms of the first directors to be elected in such wards 27 which ward shall have a four-year term and which ward 28 shall have a two-year term, and the persons appointed to 29 fill vacancies caused by the establishment of new wards 30 shall hold office until the next general election following . 31 their appointment and until their successors are elected 32 and quali fied fied for the terms previously determined by-lot. a O 99 50 i SENATE BILL No. 1969 I Introduced by Senator Petris March`12, 1980 i An act to amend Section 5536 of the Public Resources Code, relating to regional park districts. LEGISLATIVE COUNSEL'S DIGEST SB 1969, as introduced, Petris. Regional park district boards: compensation. Under existing law,the board of directors of a regional park district may provide that each of its members receive $50 per day for attendance on each day of public board meetings, and $25 per day for attendance at committee meetings, executive sessions,or field trips of the board,or for attendance at district public hearings, except that the maximum compensation on any given day may not exceed$50 and no board member may receive more than $200 in any 1 calendar month. This bill would, instead of the foregoing, permit the board to provide that each member shall receive $100 per day for each attendance at public.meetings of the board, subject to the monthly maximum of $200, and would permit the board to provide that each of its members may participate in any medical or dental plan on the same terms and conditions available to permanent employees of the district. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 5536 of the Public Resources 2 Code is amended to read: 3 5536. The board shall establish rules for its 4 roceedin s and ma rovide b ordinan ce or resolution P g YP Y 5 that each of its members shall receive 90 40 I I AB 2314 2--- 3 �. AB 23 addition to funds borrowed pursuant to such provisions. 1 restrict the authority of the district to issue promisso Mote: majority. Appropriation no, Fiscal committee: no. 2 notes or deeds of trust in the acquisition of real proper State-mandated local program: no. 3 or the exercise of its right of eminent domain subject 4 the limitations set forth in Section 5568. The people of the State of California do enact as follows: 5 Nothing herein shall limit the authority of the distrit 6 to borrow pursuant to Section 5544.3. 1 SECTION 1., ,.;Section 5544:1 of the Public Resources 2 Code is amended to read: } 3 5544.1. Notwithstanding any other provisions of this 4 article, the board may, borrow money by issuance of 5 promissory notes or other evidences of indebtedness in an amount, or of a value, not exceeding in the aggregate at an one time the gr eater of 1 Y g 5 percent of the total of the 8 district's general fund and development fund budgets for 9 the year in which the loan'is made, or the sum of five 10 hundred thousand dollars ($500,000), to be used for any 11 revenue-producing purpose for which the district is 12 authorized to expend funds. ' 13 A district shall not expend in any one year any amount 14 of money in excess of what it collects in property taxes, 15 state and federal subventions, grants, loans, and income 16 from fees, gifts, ew bequests bequests or income from 17 other sources in addition to funds borrowed pursuant to 18 this section. O 19 Indebtedness incurred pursuant to this section shall be 20 repaid in,approximately equal annual installments during 21,a period not to exceed five years from June 30th of the ,. fiscal year in which it is incurred and shall bear interest 23 at a rate not exceeding 8 10 percent per annum payable 24 , annually or semiannually or in part annually and in part 25 semiannually,; 26 t Each such indebtedness shall be authorized , by a 27 resolution of the board unanimously adopted,and shall be 28 evidenced by a promissory note or contract signed by the ; 29 :president of the board and attested by the secretary. 30 ; The:indebtedness authorized to be°incurred by this 31 section shall be in addition to, and the provisions of this 32, section shall not apply to, any bonded indebtedness 33 authorized by vote of the. electors. 34 Nothing herein ,shall be. construed so as to limit or AMENDED IN ASSEMBLY MARCH 24, 1980 CALIFORNIA LEGISLATURE--1979-80 REGULAR SESSION :s ASSEMBLY BI LL No. 2314 Introduced by Assemblyman Knox February 12, 1980 _ I REFERRED TO COMMITTEE ON WATER, PARKS,,AND WILDLIFE An act to amend Section 5544.1 of the Public Resources Code, relating to regional park districts. LEGISLATIVE COUNSEL'S DIGEST . AB 2314, as amended, Knox (W., P., & W)- Regional park district: borrowing. Under existing law, a regional park district is authorized to borrow money by issuance of promissory notes or other evidences of indebtedness for any revenue!-producing purpose for which the district is authorized to expend funds, in an amount or of a value not exceeding in the aggregate at any one time the sum of $200,006 or 5% of the assessed valuation of the real and personal property situated in the district, whichever is the-lesser amount- The interest on the indebtedness may not exceed 8% per annum. This bill would instead limit the amount of such borrowing to the greater of 5% of the total of the district's general fund n and development fund budgets for the year in which the loan is made or the sum of $500,000, and would increase the permissable interest rate to not greater than 10 X per ann um. 1' The bill would also prohibit a district from expending in any r � 4 one year any amount of money in excess of what it collects `- from specified sources and receives from other sources in � 98 30 ¥ r -..�_.---.`r _�-.sue-_��_�--+-'r-��_ � _.,J-•----__'�----�...,..--- --_. .—��. ._.�.--'�.,__ �-`___.�. � ...r-^`-,'_ "",.-'-m.--.�..+4--�._.---'-.....�.-%.� -.�_-•--•*^.----•.-^i.1._,_�,_� -'---'_.---`�. ..s-..,- LA Hills complains trict would find it difficult to cut back year commissions and citizens committees than Palo after year while ignoring the money that could Alto, which has 32. Public to comment about school site be gained from selling the property. The city averages 49 public meetings per on Cubberley plan Timing is also crucial to the district, Ham- month, almost half of which are night meet- Los Altos Hills Mayor Thomas McReynolds mond said.It does not want to sell any property ings, and one quarter of which are served by Expected tonight are citizen reactions to the complained last week that the Palo Alto Unified unless it has to.Until the outcome of the Jarvis secretarial staff who take minutes. Cubberley High School site disposition's com= School District is not being sufficiently open 11 vote is known in June, he said, the district From 1970 until now, the City Council mittee's recommendation to let the U.S. Geo- with the town regarding its plans for the 59- is not going to make a decision. formed 10 ad hoc citizens committees and logical Survey use a portion of the site while acre Page Milli Alexis property, tentatively The Page Mill/Alexis property,however,is task forces to study specific problems and its Menlo Park offices are being renovated. A scheduled for single-family housing develop- the second piece of district property slated for issues, and established eight standing, com- public forum is scheduled for 7:30 p.m. in the ment. More than 300 residents of the town sale in Superintendent Newman Walker's post- missions,seven of which are still in existence. Cubberley theater to give the community a have signed a petition opposing the PAUSD's Jarvis II survival plan. Certainly, Hammond chance to respond to the committee's tentative intention to develop the land, feeling that it said,the property would be offered,as required Committee to advise conclusions. should remain as open space. by law,to the town first. "I don't want conflict,"NrcReynolds said. on affordable housing After intensive meetings in recent weeks,the But since we serve the same constituency,we site disposition committee went along with the ought to get together and see what we can do Public bodies abound The Planning Commission has announced district staffs desire to see Cubberley leased for the school district and see what we can do the formation and membership of a working to the USGS. Seeking only ashort-term lo- or City o Palo Alto cation, the USGS expects to need Cubberley to help the people who are becoming agitated." committee to study ways to increase the supply Part of McReynolds concern involves SRI If anyone ever had the sneaking suspicion of affordable housing in Palo Alto. for no longer than two years. International,consultant for the school district. that the city staff spends a lot of time and The Planning Commission was directed by Ted Sumeda of the USGS's Geological Div- Some time ago SRI submitted a tentative site money attending to the needs of its many pub- the City Council February 12th to form the ision,the only division being relocated,said the subdivision plan to the town which was re- lit commissions and boards, that suspicion committee, which will hold weekly meetings move would involve 160-190employees.Thirty - jetted because of the way the lots--about 30— has now been verified. through April. five thousand of Cubberley's 180,000 square were arranged on theproperty.Since then SRI No less th8n 813 staff hours per month are The members of the committee, in addition g would occupied r- feet of building space ou d be occu d du has been modifying the subdivision plan. "In spent in relation to those meetings, at a cost to Planning Commissioner Jean McCown- g P ing the day from 7 a.m.to 5:30 p.m..No elabor- this instance," McReynolds said, "SRI is an to the city of$10,613 a month,according to a Hawkes, include: ate equipment would be installed.Sumeda said. unnecessary interloper." staff report on the subject. William Krantzthor (Varian Associates), In a letter to the school board last weak, The report was an assignement from the Peter Carpenter (Alta Corp.), Boyd Smith Formed to identify short-term uses for the McReynolds said the 59 acres,worth as much City Council,which had asked about the feas- (WSJ Properties), James Kemp (Northern site while cpnsidering long-range possibilities, as $5.5 million as subdividable land, "is of ibility of forming new commissions and boards California Savings),Terence Ainscow(Syntex the committee also recommended that the specific interest to our community."In response in such areas as recreation, libraries and traf- Corp.), William Busse (Spencer Associates), present level of recreational and cultural ac- to the letter, the board designated Don Ham- fic. Joseph Ehrlich (Ehrlich-Rominger), Steve tivities remain for the short-term--occupying mond, who lives in Los Altos Hills, to work The answer from the staff is a resoundingSuddjian (Board of Realtors), Bob Brand the athletic fields, tennis courts, swimming g as a liaison with the town. "no." And the report which describes why (Chamber of Commerce), pool, gymnasiums,stadium and theater. Hammond said that he has met with some forming any new commissions would he a bad Also: R. Bruce Ricks(housing economist), residents of Los Altos Hills who are concerned idea took 12 pages to describe why,along with Bob Mang(Palo Alto Housing Corporation), In addition to making those specific con- about the fate of the property, explaining to an additional 15 pages of charts and tables. Jeri Stewart (League of Women Voters), Wil- clusions, the committee also arrived at a set them the district's financial uncertainty. While Among other things, the report lists the liam Cox(Construction Systems),John Breed- of criteria which it believes should be used he understands the residents'desire to see the boards and commissions for 12 other Penin- love(Stanford University), and La June Bush to screen other applicants for a short-term use ,___property left as open space, he said the dis- sula cities, most of which have fewer boards, (Hewlett-Packard Corp.). of the remaining portions of the buildings. EDUCATION Parent, Harold Boyd, said Galloway was one teachers, teachers and students, teachers and Galloway backers donut sway board of the few remaining role models for minority administrators. "It's important to pause for students. a moment,"he said. "We are dealing with an by Bruce Murray "He is a man-who is not afraid to stand up institution under stress.Survival depends upon for what he feels is right. Is it because he is a solid support based on trust." A long line of supporters filed forward to Galloway was highly successful in some aspects man that he was demoted or is it because he He said in a later conversation that he is tell the Palo Alto Unified School District board of the job. "The remedy for Mr. Galloway is was not a team player?"asked Boyd,a leader afraid that the adversarial technique—used, last week that Ralph Galloway deserves to beyond the district. It's not very likely that the of a black parents group in the district. for instance, in contract negotiations, in the remain dean of students at Gunn High School. board will reconsider its action." In a discussion of district priorities for the closing of school sites and in the Galloway The board two weeks ago had upheld the ad- Students,teachers and parents did not change 1980-81 year, board member Don Hammond, case—will be taken as a normal mode of op= ministration's decision to reassign Galloway to the board's position. Repeatedly,they stressed half-apologizing for being naively optimistic, eration in the district. If it becomes the norm, the classroom, and the praise did not move Galloway's ability to be flexible,knowledgeable asked if the district could come up with a way people stand a greater chance of staying angry the board to reconsider its decision. and concerned in disciplinary actions. One to develop more trust--between parents and when the issue requiring an adversarial ap- "The Ralph Galloway case shows that nien proach is closed,he feels. with outspoken views will be crushed into si- 'c * The adversarial contract negotiations,which lence," Gunn social studies teacher Stan Sea- Indecision on Right to Learn were scheduled to begin _yesterday, will be berg said."It shows that interpersonal relation- closed,much to the dissatisfaction of the PTA ships of administrators are more important After halting, forward and backward than the education of students." motions, Palo Alto's school board decided ernment-by-initiative has gone too far, es- ands Palo Alt Learner's Association.Both Galloway was told in early February that he last week to postpone a decision on the pecially when it seeks to preserve what isrduring ed the board fdr public access to the de- would return to the classroom, and since then, "Right to Learn"initiative. fundamentally a special interest. rations. he has vociferous) disputed the decision. He But rd members wre more direct on Alan Davis'absence from the board leftWe feel strongly the need to be informed f Y P Proposition 9, voting 4-0 to oppose the four members to debate the issue;Ed�� the process,"said Susan Clement,head believes his outspoken attitudes and not his the PTA.`Y4� erms of our role we could competence as a dean resulted in what he con- Howard Jarvis-sponsored initiative that Young said she was willing to let the voters siders a demotion. would cut state income taxes 50 percent if decide on the Right to Learn. Ray Bac- negotiate." approved by voters in June. However, the chetti said he feared that if the initiative Lou Fein of the PALA chastised the board Gunn principal Larry Lynch,whose at Gal- board has*taken no steps to form a com- reached the ballot and then fatted,it would for holding contract talks in private and the lion lead to the reassignment, said that Gal- Palo Alto Weekly for neglecting PALA's o- loway's evaluation considered his performance mittee to work against Prop 9, as it did in be used by opponents of public education g g P 1978 in campaign against the Jarvis-Gann as a tool to prove the state does not sup- sition 9n the teacher's initial bargaining gro- in all administrative duties. property tax cut measure. port the present system.Joan Johnston has posat°There is nothing so private and delicate," The board officially informed Galloway of Petitions are circulating now to qualify said in the past that she cannot endorse he told the board, "that is fit to be heard by its decision after hearing his case in closed ses, the"Right to Learn"initiative for the No- special interest legislation.When a vote was PAUSD employees and unsuitable to the ears sion."We find that you have made life so dif- u of the rest of us." ficult for all other members of the Gunn ad- umber ballot. Sponsored by Cupertino - taken Don Hammond and Edel Young Union School District,the proposal would voted for it, Johnston and Bacchetti voted Fein,as PALA's spokesman,had commented ministrative staff,"the letter read,"that we had guarantee a minimum level of state funding no. The proposal failed on the tie vote. on a variety of elements in the teachers'initial no choice but to uphold the Superintendent's On the a issue,he urged rejecting decision so that this administrative staff could for public education in grades K-12. But when a member of the board is absent, proposal. P Y g I g continue to function." Supporters of the measure--of whom five it is possible to bring the item back for the 19 percent pay increase and waiting until Board president Joan Johnston,in remarks spoke from the floor--argued that public another vote. Davis had sent a prepared the district's income for next year known. Half made preceding the time alms d for members education is not a special interest,and needs statement in support of the Right to Learn of any increase or decrease in that income of the audience to speak, said the board had active support to survive.Opponents,how- initiative,so that position may find majority would be allocated to compensation,with the ever, feel that California's brand of gov- support when the matter comes up again. other half for program purposes,under PALA's agonized over the decision and realized that proposal.