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HomeMy Public PortalAbout19800723 - Agendas Packet - Board of Directors (BOD) - 80-16 Meeting 80-16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Regular Meeting Board of Directors A G E N D A July 23 , 1980 7 :30 P.M. (7 : 30) ROLL CALL WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED (7 :45) 1. Edgewood State College Site - Joint Acquisition Project With the County of San Mateo - H. Grench Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of a Joint Powers Agreement for Purchase of Real Property, Authorizing officer to Execute Certificate of Acceptance of Grant of Park, Recreation, Scenic, and open Space Easement to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Edgewood State College Site) PUBLIC HEARING (8 : 00) 2. Proposed Addition to Thornewood (Gano Property) and Exchange of Interests in Real Property - H. Grench Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Grant Deed Conveying District Lands, Author- izing officer to Execute Certificate of Acceptance of Grant of Real Property to District and Authorizing General Manager to Execute Any and All Other Documents Neces- sary or Appropriate to Closing of the Transaction (Thornewood/Gano 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 80-16 Page Two NEW BUSINESS WITH ACTION REQUESTED (8 :30) 3. Progress Report on Use and Management of Planning Area V (Monte Bello, Lang Ridge and Saratoga Gap Open Space Preserves) - S. Sessions (9 : 00) 4 . Procedural Amendments to the Land Use and Management Planning Process - S. Sessions (9 :15) INFORMATIONAL REPORTS CLAIMS EXECUTIVE SESSION - Land Negotiations and Personnel Matters ADJOURNMENT i bC-80-13 July 23, 1980 Meeting 80-16 4 . . Revised ' . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S rr Amount Name Description, 1251 $ 439.28 Xerox Maintenance Agreement-Junejand Supplies 1252 32.00 Stanley Norton Duplicating, Phone, & Private Vehicle Expenses - June 1253 103.20 San Mateo Times Notice of Election 1254 9.00 Management Learning Laboratories Subscription Renewal 1255 91.80 Peninsula Times Tribune Notice of Election 1256 3,000.00 Desmond Johnson Appraisal Services 1257 660.00 Rogers, Vizzard & Tallett Professional Services - June 1258 156.50 ZZZ Sanitation Portable Toilets-Los Trancos 1259 228.98 Drake Welding District Vehicle Expense 1260 124.98 Hubbard & Johnson Site Maintenance & Repair 1261 8.02 Action Photo Photos 12 26.27 Del Woods Private Vehicle Expense 1263 158.28 Uno Graphics Brochure Printing 1264 388.70 San Jose Mercury Notice of Election 1265 125.00 Jerome & Sheila Braun Rental Deposit Refund 1266 2,734.17 Union Bank Interest on Promissory Note 1267 10.50 Victor of California Field Supplies 1268 400.00 Mr. & Mrs. J. K. Kroijer Installment Payment,Fine Property 1269 24.29 Foster Bros. Security Systems Site Maintenance & Repair 1270 330.15 Olsten of Palo Alto I Temporary Secretarial Service, 11271 482.66 Orchard Supply Hardware Site Maintenance & Repair i1272 301.89 California Water Service Utilities 1273 25.00 Western Interpreters Assoc. Subscription 1274 423.72 Dorn's Safety Service District Vehicle Expense 1275 4,836.45 WTW, Inc. Site Engineering 1276 60.00 The San Mateo Times Subscription 1277 40.87 Dennis Danielson Improvements, Ranger Residence 1278 926.70 Title Insurance && Trust Title Insurance Premium 12 27.30 E. D. Bullard✓ First Aid Equipment 1280 141.02 The Dark Room Photos s _ Claims C-80-13 Revised - Page Two # Amount Name Description 12 1.62 Pacific Telephone Phone 1282 27.75 Jennie George Printing, Private Vehicle Expense 1283 49.10 Communications Research Field Equipment 1284 550.00 Foss & Associates Professional Services - ,Tune 1285 59.64 F. W. Backus Co. Typewriter Rental 1286 10.95 Hawkins and Associates Book 1287 550.00 Robert Garcia Well & Pump Co. Site Maintenance & Repair 1288 9.48 Image Tech Filmwork 1289 235.98 Petty Cash Postage, Office Supplies,Meal Conference, Private Vehicle Expen Miscellaneous Expense. { a f Hotel q%melia lip IITyyII1y11� 1�P6 l �/�000 WRITTEN COMMUNICATION Meeting 80-16 i July 23, 1980 July 9, 1980 San Carlos, CA . Board of Directors Midpeninsula Regional Open Space District Los Altos, CA . Dear sirs : A!y wife and I live in the assessment district that voted to tax ourselves to raise the $300,000.00 to assist in acquiring the Hassler Health Home property to be kept as open space. We voted enthusiastically for this assessment and are firmly OPPOSED to the use of the Hassler property or any part thereon as a youth hostel. We are in favor of the buildings on the property being torn down and that the site be for day use only . lfiy wife and I would urge that the Board resist all importunings by any and all groups to use the buildings and a good start would be a rejection of the proposal by the AYH. Respectfully, Richard M. Lynam 3375 B rittan Ave. #12 San Carlos, CA . 94070 1 1 I I O %P K v2 WRITTEN COMA'NICATION Y Meeting 80-16 v July 23, 1980 N n E .Q P B G O V1 SANTA U C L A R A 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 July 12, 1980 Mrs. Barbara Green Midpeninsula Regional Open Space District 375 Distel Circle, Ste. D-1 Los Altos, California 94022 Please find attached a copy of the October 22, 1979 resolution passed by the Santa Clara County Board of Supervisors concerning parking along Skyline Blvd. (Hwy. 35) . Caltrans has now completed their positing of both sides of the high- way including the vista area at the Saratoga Gap (Hwy. 9 and Hwy. 35) . Please inform your rangers that we now have proper posting and expect that en- forcement of this no parking ordinance can now begin. Our organization has also sent letters to Captain Timm of the Santa Clara County Sheriff' s Depart- ment, Mr. Culbertson of the Santa Clara County Parks Dept. and to Herman Schlerf of the State of California Parks Department in an effort to remind them that a concentrated effort is needed to insure that this area is adequately patrolled in order to discourage evening parties, illegal camp fires, drinking, vandalism, loitering, etc. on public park lands, as well as private property. I would appreciate your having this letter read at your monthly public meeting and having appropriate action initiated. Sinc%�, Walter J. ch Jr. WJS/lfp PARKING RESOLUTION IdO . P!rSCI,UTIOI� OF THE F.01%RD 0 ' SUPERVISO^Rt' OF THE COUNTY OF SAIIITA CLARA DESIGN ATIN,3 NO PARKiI:G AREAS BE 1T RESOLVED by the Board of Supervisors of the County of Santa Clara that the following described portions of the hereinafter mentioned public highways in the County are hereby declared to be congested areas and designated as No Parking areas and subject to ' th,s prohibition set forth in Section B12-120 of the Santa Clara Cou..ty O.--.,A 1 an%cc; Coda . =' NAIXE OF STREET DESCRIPTION r akyline Boulevard (State Route . .35) Both sides from PM 15 . 03 to PM, 15 . 41 _ Skyline Boulevard (State Route . 35) Bv, n s_ des from P .11 .25 to Pm 14 . 1o . 9 pm to b m . 1 PASSED AND ADOPTED by the Board of Superv:i sors of the Country y of Santa Clara, State of California, this OCT 2 2 1979 j by the following vote : AYES: Supervisor) 7UNI3Ei,C:, Di^MON. WILSON �II' 0E,S: Supervisors ABSENT:: Supervisors CORTE;,_-7 Chairperson, Board of Supervisors r4iTEST: i n\;;,J M. ^.Ai::S , Cle:}: _.Ga:�d of Suoew v(".:,ors i r r Frm S.0 3 , 5� r 7Q 4 . tV ��r✓ 1. • ;� �� �• `'��•• \\ •,• ( i.(;;.y`•,(• :l `fir• (•'t'• .� Z�:,'t; ' .\; �•`;, ' •� 1 ..` � •,• •;�� � T, �...I, •� f ,� .`,•�. �••; a •; �1, 4-.a•,�::':':' :t';t ,� t':~' 'ti-,. .� ��.,.� ,�.,`.. 'll.�SANF301• N',. .',', ��� .. .......ram" ----•++...�_ �' �.•�� �;a..'` �` i•, ! L',�; .;- ,ice. : -': .r ...a•• •� ,i. TT(t ROC+'. `�' \ `V., ''+ � SKYLJ• C C.• R-80-45 (Meeting 80- 16 7/2-3/80 Agenda Item No. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 18 , 1930 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager SUBJECT: Edgewood State College Site-Joint Acquisition Project With the County of San Mateo Background: The proposed acquisition of the Edgewood State college site has been under discussion by the District' s Board and staff for several years. Without reviewing the entire history of this project, it should be noted that as recently as September 26 , 1979 , the Board authorized all of the additional District SB 174 funds (Roberti-Z 'Berg Urban Open Space and Recreation Program) for the 1979/80 fiscal year to be allocated to this project. Staff has now success- fully completed negotiations with the State and the County of San Mateo for the joint purchase of this property for a County park and open space area. Discussion: Attached is a proposed Joint Powers Agreement that details the conditions and responsibilities under which the County of San Mateo and the District would pur- chase, maintain, develop, and operate this regional park and preserve. Among other things , the conditions of the Agreement include : 1) County to operate, develop and maintain entire site; 2) District to have advisory review and comment privileges on all environmental documents and park development plans, 3) Equal recognition and publicity for both District and County; 4) Proportional sharing of costs of escrow; 5) Park, Recreation, Scenic and open Space Easement in favor of District (also attached) ; and 6) Details of funding including grant reimbursement. (The final net cost to District would be approxi- mately $475 ,000 of the total $2 .335 million pur- chase price. ) R-80-45 Page Two If you approve this Joint Powers Agreement, which is recog- nized by staffs as a fine compromise for all parties involved, the next step would be County approval of the Joint Powers Agreement and execution of the Purchase Agreement with the State. Following the local agency ratification, the State would formally consider the Purchase Agreement, and after Public Works Board approval , the necessary documents would be placed into escrow for closure. This entire process could take several months, and staff would expect local ownership in late September at the earliest. Recommendation: It is recommended that the Board adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional open Space District Approving and Authorizing Execution of a Joint Powers Agreement for Purchase of Real Property, Authorizing officer to Execute Certificate of Acceptance of Grant of Park, Recreation, Scenic , and Open Space Easement to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Edgewood State College Site) This complicated project, involving special State legislation on two occasions, a federal Land and Water Conservation Fund grant from special contingency funds , and a high level of cooperation between the District and County, is nearing completion. It will be an achievement for the benefit of present and future residents of the area of which all parties concerned can be proud, RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT FOR PURCHASE OF REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT OF PARK, RECREATION, SCENIC, AND OPEN SPACE EASEMENT TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EDGEWOOD STATE COLLEGE SITE) 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 approve and authorize execution of the Joint Powers Agreement for the purchase of real property between the County of San Mateo and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other 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 the deed granting a Park, Recreation, Scenic, and Open Space easement to the Midpeninsula Regional Open Space District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to County. 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 i i i7 WON *A San High SrQr st 7_3 1.6 w A� .A, '-waie, ;7 sch 2.6 X, DGEVOOOD d -0 .5 2.2 528 g 1.2 X, 2, 1.2 UDDA., ♦ h 90 2. K0 '4 6,w Jew sequo e C? V. NRI wu lip X-1 4-- v ,7 -A. _2 \J "2f 6...v c 4 438 _ . : 2 ........ 600 00. 6 I CoWse,. (P do A K �1 p x 920 ­j I N, EXHIBIT A' - SITE MAP (USGS) 0) V, STATE COLLEGE SITE ; � 2000 ' N Q .� I\ c lku� %k 4. orth 00 N ....... ....... ........ .......... X. :xwl: JOINT POWERS AGREEMENT THIS AGREEMENT made this day of 1980, by and between the Midpeninsula Regional Open. Space District, a Public District, hereinafter referred to as "DISTRICT" , and the County of San Mateo, a political subdivision of the State of California, hereinafter referred to as "COUNTY" . W I T N E S S E T H : RECITALS: A. DISTRICT and COUNTY are "public agencies" within the meaning of Government Code Section 6502, and desire to enter into a Joint Exercise of Powers Agreement pursuant to the provisions c of California Government Code Section 6500 et seq. , for the reasons and upon the basis hereinafter set forth. B. COUNTY is entering into an agreement to purchase from the State of California pursuant to Chapter 792, Statutes of 1978, certain real property located partially within the City of Redwood City, California, and partially within an unincorporated area of San Mateo County, California, commonly known as the former Edgewood State College Site, (hereinafter "Edgewood Site") ; consisting of approximately 477 acres. A copy of the purchase agreement is attached hereto, designated exhibit "A" and incorporated herein by this reference. C. Said acquisition is of mutual benefit to the parties hereto and to the public in that said acquisition as implemented by this agreement will serve to protect valuable public open space and recreation lands in perpetuity. D. The purpose of this Agreement is to provide for funding to purchase the Edgewood Site for open space and recreation purposes by DISTRICT and COUNTY, to establish the final vesting of title to said property, and to designate the responsibility for the manage- ment e- ment and maintenance of the portion of said property devoted to park, recreation and open space use as described in exhibit "B" as attached hereto and incorporated herein by this reference (herein- after, "Edgewood Park NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Property. COUNTY and DISTRICT agree to participate jointly in the purchase of the Edgewood Site, being legally described in the attachment to said purchase agreement (exhibit "A") , on the terms and subject to the conditions set forth in this Agreement. 2. Purchase Price. DISTRICT and COUNTY agree to contribute toward the total purchase price of Two Million Three Hundred Thirty Five Thousand and No/100 Dollars ($2,335,000.00) in the following manner: a. COUNTY shall contribute and deposit in escrow $1,385,000 together with all necessary documents for closure within 10 days after notification from the State of California that state is ready, willing and able to close escrow in accordance with said purchase. agreement. b. DISTRICT shall contribute and deposit in escrow $950,000 together with all necessary documents for closure within 10 days after notification from the State of California that state is ready, willing and able to close escrow in accordance with said purchase agreement. , 3. Grant Funds. It is understood that COUNTY anticipates receiving a Federal financial assistance grant of Land and Water Conservation Funds in the maximum amount of Nine Hundred Sixty Five Thousand Two Hundred and No/100 Dollars ($965, 200) to reimburse the parties for a portion of said purchase price. It is hereby agreed that the net proceeds of said Grant after deduction of the state surcharge shall be divided equally between COUNTY and DISTRICT. (At the current state surcharge rate of 1.6% of the total project amount, each party would receive a $467,400.00 reimbursement) . COUNTY shall remit to DISTRICT Distict' s share within ten (10) days of receipt of the net grant reimbursement from the Federal Goverment, through the State of California. It is further agreed that the total project area for said Federal Land and Water Conservation Fund Grant shall be the Edgewood Park portion of the property as described in said exhibit 4. Close of Escrow. It is agreed by the parties hereto that escrow shall close on or before November 7, 1980, in accordance witl-I Clause 2 hereinabove, through an account with First American Title Company, San Mateo County Division, 555 Marshall Street, Redwood City, California 94064, escrow No. T-270285-JBT. 5. Escrow Costs. Any and all title and escrow fees incurred in this transaction shall be shared by COUNTY and DISTRICT in following proportions: a. COUNTY 59% of total cost b. DISTRICT 41% of total cost 6. Title. Title to said property shall vest in COUNTY. Concurrently withthe close of escrow, as abovementioned, COUNTY shall convey to DISTRICT a recorded, Park, Recreation and Open Space Easement upon, over and across the portion of Edgewood Park and in the form as described in exhibit "C" as attached hereto and incorporated herein by this reference, and DISTRICT agrees to accept said easement. COUNTY shall furnish DISTRICT a duplicate copy of the policy of Title Insurance and escrow closing statement. 7. Hold Harmless. It is agreed that COUNTY shall defend, hold harmless and indemnify DISTRICT, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise out of the provisions of this agreement and which result from negligent acts and/or omissions of COUNTY and its officers, agents and/or employees. It is further agreed that DISTRICT shall defend, hold harmless and indemnify COUNTY, its officers, agents, and/or employees from and and all claims for injuries to persons or damage to property which arise out of the provisions of this agreement and which result from negligent acts and/or omissions of DISTRICT and its officers, agents and/or employees. - In the event of the concurrent negligence of DISTRICT, its officers, agents and/or employees and of COUNTY, its officers, agents, and/or employees then the liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" as presently in effect or as may hereafter be modified. 8. Mana5ement and Review. COUNTY shall be responsible for all planning, development and management functions for Edgewood Park (exhibit "B" ) subject to the Park, Recreation and Open Space Easement (exhibit "C") as abovementioned. DISTRICT shall have the right of design review and comment privileges with respect to all park and recreation development projects proposed for Edgewood Park prior to final approval by COUNTY. DISTRICT shall also have review and comment privileges on all environmental documents prior to acceptance and/or approval by COUNTY, as provided for in the grant of said Park, Recreation , Scenic and Open Space Easement:. 9. Sale as Surplus. It is understood and agreed that in the event said property is surplus and sold by COUNTY, with the mutual consent of DISTRICT as provided for in said Park, Recreation and Open Space Easement, the proceeds of said sale shall be shared by DISTRICT and COUNTY in the same percentages stipulated in Paragraph 8 above. 10. Income. It is understood and agreed that COUNTY shall maintain, on a fiscal year basis, adequate accounting records of income generated and expenses incurred in connection with the management and operation of said Edgewood Park as described in exhibit "B" . It is further agreed that any net income from the use or development of said Edgewood Park (after subtracting identifiable COUNTY costs of promoting, administering and managing said areas of development) shall be shared in the following proportions: A. County 56% B. District 44$ Said net income shall be computed separately for each fiscal year and shall be paid by COUNTY to DISTRICT by August 31 following , the end of each fiscal year, 11. Publicity. COUNTY and DISTRICT shall share equal recog- nition on all park or public facility signs, brochures and all other public information about the site. 12. Amendments. This agreement may be amended in writing at any time by mutual consent of the parties hereto. 13. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the parties hereto. In witness whereof, the parties have hereunder subscribed their names the day and year first above written. COUNTY OF SAN MATEO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: By: Chairman, Board of Supervisors Barbara Green, President Attest: Attest: Clerk of the Board Clerk of the Board i AGREEMENT FOR THE SALE OF REAL PROPERTY This Agreement entered into this day of , 1980, by and between the State of California, hereinafter referred to as "State," acting by and through its Director of General Services, and the County of San Mateo, a political subdivision of the State of California, hereinafter referred to as "County." W I T N E S S E T H: WHEREAS, pursuant to Chapter 792, Statutes of 1978, County desires to acquire, and State desires to sell the fee to the approxi- mately 477 acre parcel lying partially within the City of Redwood City, California and partially within an unincorporated area of San Mateo County, California, and commonly known as "the former Edgewood State College Site," as described in Exhibit "A"; NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. State agrees to sell and County agrees to purchase the property described in Exhibit "A", as attached hereto and incorporated herein by this reference. The purchase price shall be Two Million, Three Hundred Thirty-Five Thousand and No/100 Dollars ($2,335,000.00) , payable at the close of escrow, subject to the terms and conditions of Clause number 4 hereinbelow. 2. State will convey the property to County by grant deed after approval and execution of this document, and upon payment by County of said purchase price. 3. State will deposit the necessary documents and the County will deposit the monetary consideration into the following escrow account for processing the closing of the transaction: First American Title Insurance Company San Mateo County Division 555 Marshall Street Redwood City, CA 94064 Escrow #T 270285-JPT 4. The subject property shall be conveyed subject to two locations for mineral rights entry. The location of two one-half acre sites for entry to mineral deposits below 200 feet shall be in locations shown in red on map attached hereto as Exhibit "B". It is further agreed that the escrow will be closed no later than November 7, 1980 and that in the event it is not closed by this date, this agreement will terminate without liability for either party. Escrow may be extended if agreed in writing by both the State and County. -1- I S. The subject property shall be conveyed subject to these title Y 7 exceptions and reservations as may be acceptable to County. In the event that acceptable title cannot be provided to County, this agreement will terminate without liability for either party. 6. County shall pay all normal escrow costs and related expenses incurred in this transaction. County shall pay any and all title insurance fees, if required by County. 7. Any and all rents shall be prorated as of the close of escrow. All rents collected by State applicable to any period thereafter shall be paid to County. All security deposits shall be paid to County minus rental and/or damages due to State. Either party hereto collecting rents to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provisions of this Clause. State hereby assigns all rental agreements to County as of the date of passage of fee title to County. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES By EDWARD R. MILLER Chief Land Agent k Real Estate Services Division COUNTY OF SAN MATED By APPROVED: STATE PUBLIC WORKS BOARD By THOMAS F. SHERMMAN Administrative Secretary RE-96 -2- GRANT OF PARK, RECREATION, SCENIC AND OPEN SPACE EASE14ENT WHEREAS, the Midpeninsula Regional Open Space District, a public district, hereinafter referred to as "DISTRICT" , and the County of San Mateo, a political subdivision of the State of California, hereinafter referred to as "COUNTY" have heretofore entered into that certain Joint Powers Agreement dated 1980; and WHEREAS, pursuant to which agreement, DISTRICT agreed to participate in purchase costs and fees associated with the COUNTY acquisition of a portion of the former Edgewood State college site as described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, DISTRICT desires that said real property shall forever remain as part of the Parks, Recreational, Ecological. and Aesthetic Resources of the Midpeninsula area; and WHEREAS, DISTRICT is organized to preserve and conserve open space, scenic and natural lands for aesthetic, recreational and ecological purposes and to conserve and protect the animal, bird and plant populations thereon; and WHEREAS, it is now the desire and intention of COUNTY and DISTRICT, pursuant to said Joint Powers Agreement, that the lands described in Exhibit "A" be made subject to an easement for Park, Recreation, Scenic and Open Space purposes for the benefit of DISTRICT, its successors and assigns. NOW, THEREFORE, in consideration of the substantial payment being made toward the purchase-of.--said property by the parties, the public benefit to be derived therefrom, and in order to insure that said property will be preserved in perpetuity, COUNTY hereby grants to DISTRICT, and DISTRICT hereby accepts from COUNTY an easement upon, on, over, under, and across that certain real property as described in said Exhibit "A" for Parks, Recreation, Scenic and Open Space purposes , as follows : 1. COUNTY shall manage and maintain the land, and provide rules and regulations for its uses , in accordance with acceptable practices of parks and recreation depart- ments and agencies of the State of California. 2 . If the property described herein is sought to be acquired, appropriated or condemned for another public use by any public or quasi-public entity, the presumptions contained in Section 1240. 680 of the Code of Civil Procedure and Section 5542 . 5 of the Public Resource Code shall apply and be asserted. Page Two 3 The restrictions hereby imposed upon the use of the subject property and the acts which COUNTY shall refrain from doing in connection with this easement shall be as follows: (a) No buildings, structures or other new improvements shall be placed or constructed upon the subject property without prior review by DISTRICT as hereinafter provided. Any such buildings shall be public service facilities installed for the benefit of the subject property and consistent with the intent and purpose of this agreement or public service facilities installed pursuant to an authorization by the Board of Supervisors of COUNTY with the advice of DISTRICT pursuant to Clauses 6 and Thereunder. (b) No advertising signs of any kind or nature shall be located on or within the subject property except for identification purposes consistent with the public use of said property for parks, recreation, scenic and open space purposes. (c) No vegetation shall be planted on the subject property except for approved soil management, erosion control, reforestation and planting of native California vegetation, and normal landscaping and screening of x park and recreation areas and public facilities in connection therewith, consistent with the intent and purpose of this instrument. (d) The general topography and natural vegetation of the subject property shall be maintained in its present condition and no excavation or other topographic changes shall be made except for specific park, recreation and open space projects approved in the manner provided for in Clauses 6 and 7 hereinbelow and consistent with the intent and purpose of this agreement. (e) No use of the subject property which does or will materially alter the natural landscape or open- space character of the subject property shall be made other than those specified herein. (f) No trash, waste, or other unsightly or offensive materials shall be deposited on the subject property, Page Three (g) There shall be no burning or cutting of trees or plants (whether dead or alive) , spraying with biocides, grazing domestic animals, or disturbing or changing .the natural habitat in any manner, except as a part of an approved park and recreation development plan as here- in provided or to control poison oak and/or exotics. (h) No public use other than parks, recreation, scenic or open space uses as provided herein shall be allowed on the subject property. (i) There shall be no operating or permitting the operation on the subject property of any motor bike, trail bike, go-cart or other motor-driven or motor-powered vehicles except those motor- driven or powered vehicles reasonably necessary for the use by COUNTY to use, develop, patrol or maintain the subject property or by the public to reach the recreational facilities provided or in conjunction with public recreational activities, such as golfing, but in accordance with the allowed uses pursuant to the terms, conditions, restrictions and covenants set forth for the subject property herein. r (j) COUNTY shall make every effort not to damage, destroy or otherwise infringe upon the areas of the subject property currently occupied .by colonies of rare and/or endangered plant species except as part of an approved . park and recreation development plan as provided herein, which shall specifically address the ecologic importance of such colonies. Said plant colonies include, but are not limited to, the following: 1) Acanthomintha obovata variety duttonii : (San Mateo Thornmint) 2) Fritillaria liliacea: (white Fritillary) 3) Chaetopappa bellidiflora: (white-Rayed Chaetoppapa) 4) Hesperolinum congestum: (Marin Dwarf Flax) $) Brodiaea penduncularis: (Long Rayed Triteleia) 6) Brodiaea coronaria: (Harvest Brodiaea) • . Page Four (k) The development of said property for recreational use shall not include any amusement or "theme park" development or any use that would require more than 5% of the total land area to be paved or otherwise developed with impervious surface (roads, parking lots, roofs, tennis courts, swimming pools, or similar development) . (1) There shall be no extraction of minerals or native resources from the land, other than as provided for in the deed to COUNTY from the State of California. (m) There shall not be constructed on the land any residential, commercial or industrial structure including, without limitation, any hotel, inn, condominium or rental apartment project, except for the following possible uses: 1. possible residential use in connection with COUNTY maintenance and patrol of the subject property, and 2. possible restaurant and clubhouse facilities constructed in accordance with an approved park and recreation development plan as herein provided. 4. After consultation with DISTRICT and obtaining DISTRICT's comments as hereinafter provided, COUNTY shall have the right to maintain, use, construct, install, restore, and make any and all improvements which may be necessary or useful or incidental to the enjoyment by the public of parks, recreation, open space, wildlife preservation, scenic, scientific or educational purposes, which improvements may include, by way of illustration, but not limitation, parks, campgrounds, camp sites, picnic areas, bicycle trails, bridle paths, scenic lookouts, golf courses and necessary facilities incidental thereto, tennis courts, swimming pools and necessary facilities incidental thereto, areas reserved for the preservation of wildlife and plants, historical or memorial monuments, roads, utilities, fences, cabins, shelters, water supply and distribution facilities, sewage treatment and disposal facilities, refuse collection .facilities, museums and exhibit buildings . If DISTRICT and the authorized representatives of COUNTY are unable to agree within a reasonable time on the disposition of any matter as to which they are required to consult and comment as provided herein, such matter shall be referred to the San riiateo County Board of Supervisors for determina- tion, which determination shall be final and binding on DISTRICT. . Page Five 5. Any division or subdivision of the subject property, or conveyance of a portion of or the whole of said property shall be possible consent f only b mutual c n o the pa rties ties Y Y P hereto. 6. DISTRICT shall have the right of design review as herein defined with respect to any and all improvements and/or development proposed to be constructed on the property or modifications thereof. This right shall not pertain to the maintenance or improvement of presently existing structures on said property. Design Review is intended to provide a process for review by the DISTRICT of development in environmentally and ecologically sensitive areas in order to assure that development will be harmonious with other uses in the general vicinity, will be compatible with environmental and ecological objectives, and will conform to the terms, conditions and restrictions of the easement as conveyed herein. With regard to the development of the land, grading or construction of any improvements on the property, an application for design review shall be made to the DISTRICT. The application shall include a site plan showing the location of all proposed buildings, structures, planted or landscaped area, paved areas, proposed grading or other development or improvements, and indicating the proposed uses or activities on the site. Within 30 days from the filing of the application with DISTRICT, DISTRICT shall review the site plan and drawings , and shall make its recommendations based upon the following objectives: (1) To ensure construction and operation in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. (2) To ensure that sound principles of environmental design and ecological balance shall be observed. (3) To ensure adherence to the terms, conditions and purposes of the Parks, Recreation, Scenic, and Open Space Easement granted herein. The design review provided for herein is advisory only and COUNTY shall consider, but shall be free to accept, reject or modify the recommendations of DISTRICT. Page Six 7. DISTRICT shall have the privilege of review and comment with respect to any and all environmental documents, assessments, declarations or reports, having to do with the subject property. Environmental document review is intended to provide a process for review and comment by DISTRICT with respect to all actual or potential negative effects on the environment as a result of any action or development proposed by COUNTY, and to assure that such documents, assessments, declara- tions and reports have taken into account the environmental and sociological objectives of DISTRICT, the citizens of the Midpeninsula area, and the intent of this agreement. All such documents shall be forwarded to DISTRICT by COUNTY at least 30 days prior to acceptance or approval by the San Mateo County Board of Supervisors. DISTRICT shall review said documents and make recommendations and comments based upon the objectives as set forth herein. The review and comment privileges as provided herein are advisory only, and COUNTY shall consider, but shall be free to accept, reject or modify the recommendations of DISTRICT. 8. It is further understood and agreed that this easement and each and every term, condition, restriction and covenant contained herein is made and intended for the benefit' of DISTRICT, its successors and assigns, and that it constitutes an enforceable restriction. This easement is expressly intended by COUNTY and DISTRICT to run with the land described in exhibit "A" , to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be en- forcable by DISTRICT, its successors and assigns. In witness whereof, the parties hereto have executed this easement agreement this day of , 1980. COUNTY OF SAN MATEO By: Chairman, Board of Supervisors Attest: Clerk of Board of Supervisors M-80-52 (Meeting 80-16 ee July 23, 1980 Agenda Item No. 2) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM July 17 , 1980 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Addition to Thornewood (Gann Property) and Exchange of Interests in Real Property Discussion: Attached is a report R-30-43 , dated July 17 , 1980, from the Land Acquisition Manager to me regarding the Proposed Addition to Thornewood Property. That report recommends trade of the Thornewood estate house and 3 . 5 acres of surrounding land for two nearby parcels of land totalling about 25 acres. That is being proposed is a plan which would preserve the historic character of the house, allow some public access to it, relieve the District of maintenance responsibilities, and add significant woodland acreage with trail potential to the District' s holdings. On the other hand, the plan would have the following disadvantages : (1) A permanent inholding would be created within an open space preserve. The District has not pursued advertising proposals for a lease arrangement similar to the Levine restoration and lease of the Fremont Older home which allows even more public tours and did not transfer title to the property. The experience of the District and other public agencies has shown that the private-public conflicts associated with inholdings can be quite problematic. (2) The trade would preclude future expanded public use of the house and grounds. Although the District' s funds will apparently be in short supply in the next few years, and the capital costs and management burden of such areas must be minimized, the longer term picture could be brighter. There seems to be potential for private fundraising and management of historically significant areas such as this , given enough time to promote the idea. Also, District funds for such uses might eventually increase. No study has been made of acceptable public or quasi-public uses. (3) Although the two parcels to be acquired serve as important segments, it is by no means clear that the re- mainder of the trail route is feasible to implement in M-80-25 Page Two itsentirety. Additionally, the trail route might be implemented through acquisition of a narrower trail cor- ridor through acquisition of fee title or an easement, possibly during the development process. Recommendation: I believe that is a very close question as to whether to proceed or not with the proposed agreement. Cer- tainly this complex proposal has been imaginatively worked out with a very cooperative neighbor, Mr. Gano, and deserves your most serious consideration. On balance, however, I think that the negative arguments outweigh the positive ones, and I recom- mend against proceeding. If, nonetheless, you wish to proceed, then the list of actions in the attached report would be appropriate to adopt. R-80-43 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 17 , 1980 TO: H. Grench, General Manager FROM: C. Britton, Land Acquisition Manager SUBJECT: Proposed Addition to Thornewood (Gana Property) and Exchange of Interests in Real Property Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to acquire approximately 25 acres of land around and near Schilling Lake off La Honda Road in Woodside in exchange for the Thornewood house and 3 . 5 acres of the surrounding grounds. The offered land, which is in two parcels , would become an addition to Thornewood and would be acquired at minimal cost to the District beyond the house and lot exchange. A. Description of the Exchange of Property. The Thornewood Use and Management Plan (see report R-79-9, adopted March 14, 1979) directed staff to explore creative possibilities for restoration of the Thornewood House. When this plan was adopted, staff anticipated seeking a lessor to enter into an agreement similar to the one worked out for the Fremont Older House. Under such an arrangement, the District would have achieved restoration of the house, which would serve as a private residence for a long period of time. When the lease expired, the District would have to assume the burden of management of the house. Before staff had the opportunity to solicit lessor interest, a neighbor of Thornewood, Mr. Thomas Gano, approached staff with a proposal to purchase the house. Selling the house outright, rather than leasing it, would allow the District to totally transfer the management burden. The water system for the house and life estate has required a great deal of staff attention. (Even if the house were hooked up to the County water service, the old water system would be retained for landscaping use. ) With the purchase of the house, Mr. Gano would also assume respon- sibility of dealing with the life-estate tenant, which has also required a significant amount of staff time. Beyond disposing of the house, the proposed exchange offers the District the opportunity to acquire two key parcels of open space land. The parcels are located on the only possible trail route linking Windy Hill and Portola Valley trails on the Hayfield subdivision to Thornewood and Wunderlich County Park. R-80-43 Page Two Staff has made a thorough investigation of a trail corridor through this area (all the way from Skyline to Woodside Road) and this is the only feasible trail route. All other locations are heavily developed and would cost the District and the public a disproportionate share of the total Land Acquisition budget over the next several years. Although it is still difficult to guarantee completion of this trail route, it is the only feasible location, and I am confident that it can be accomplished over the next several years. Mr. and Mrs. Thomas Gano would: (1) Acquire the Thornewood house and auxiliary buildings and 3.5 acres of surrounding cultivated grounds. This area was excluded from a Land and Water Conservation Fund project in which the gift of Thornewood was included as matching "funds" . (2) Acquire a right-of-way and corresponding maintenance re- sponsibilities on the entrance road to the house. The District would contribute to the maintenance proportionate to use for patrol purposes. (3) Take over all maintenance and responsibility of the water system, including the cost of hooking up to the Skyline County Water District waterline if they so chose. They would also be responsible for administering the agreement with the life-estate tenant on the Thornewood property as pertaining to shared water rights and road maintenance and repair. The District would acquire a 14 acre parcel continguous to Thornewood and a non-contiguous 11 acre parcel (see attached map) . B. Description of the Proposed Acquisition. Both parcels contain a mixed redwood, oak, madrone, Douglas fir forest and a portion of Dennis Martin Creek. The moderately steep 14 acre parcel includes the one acre Schilling Lake, which is a well-known party and swimming spot. The 11 acre parcel is extremely steep and is bounded to the north and south by Old La Honda Road. C. Use and Management Recommendation. (1) The property should be open to those who gain access from the existing portion of Thornewood, Old La Honda Road, or adjacent private property with the permission of the property owners. (2) To mitigate liability associated with the lake, it is District Counsel ' s opinion that "no swimming signs" should be posted. A water analysis should be performed, and if the lake water is polluted, then warning of hazards associated with the polluted water should also be Posted. R-80-43 Page Three (3) The dirt road which enters the 14 acre Lot B should be gated at the property boundary to restrict motor vehicle use. D. Dedication. The 14 acre Lot B should be dedicated as open space land, but the 11 acre Lot 10 should be withheld from dedication since it is isolated from the existing portion of Thornewood and so as to allow for the possibility of transfer of property rights such as density transfer, or a sale of a portion of the property to secure additional trail rights in this area. Dedicated land can be exchanged by a unanimous vote of the Board, but only to a maximum of 10 acres per year. Other- wise a vote of the electorate is required to dispose of dedicated open space lands. E. Name. It is recommended that these parcels become an addition to Thornewood. F. Terms. The attached agreement outlines the conditions for this proposed exchange. The values represented in the agreement are as follows : 1) Thornewood house and grounds (taking into account the restrictions on use and rehabilitation, and the current condition of the improvements) , $382 ,000 . 2) Value of the 14-acre Schilling Lake parcel as a building site, $225,000. 3) Value of the 11-acre parcel Lot 10 as a building site, $190, 000. Based on these values, which are in accordance with the District appraisal, the consideration for this exchange would be: District trades District receives 1) Thornewood house and lot $382,000 2) Schilling Lake parcel $225, 000 3) 11 acre Lot 10 - Gano' s $ 47, 500 proceeds from this sale are 25% of the purchase price Deed of Trust for 5 years at 122% in favor of District $109 ,500 $382 , 000 $382 ,000 R-80-43 Page Four The agreement also would require the District to pay for a survey of the Thornewood property, and that is expected to cost approximately $5,000. A Deed of Trust, which would be held by the District, would be fully due and payable within 5 years or earlier, if and when the District was successful in acquiring Lots 11 and 12 (adjacent to Lot 10) . In addition to the exchange, which includes provisions for assurances of legal building sites, to the survey of the Thornewood parcel, to the assumption by the Ganos of the stipulated settlement with Francois Richard as it applies to the house and access road and hold-harmless for the effect of the will of Mrs. Thorne, the Ganos have agreed to the following restrictions which would govern the use, occupancy, maintenance, and restoration of the Thornewood house: 1) exterior facade easement 2) occupancy by only one family 3) major landscaping revisions subject to design review by the District 4) District to have right of first refusal should the property ever be sold 5) provisions for annual public tours after three years 6) special insurance provisions for the house 7) provisions for upkeep and maintenance 8) preservation of the barbecue area with Sierra Club plaque for Mrs. Thorne Recommendation: It is recommended that you ask the Board to adopt the proposed Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Grant Deed Conveying District Lands , Authorizing officer to Execute Certificate of Acceptance of Grant of Real Property to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Trans- action (Thornewood/Gano Property) It is also recommended that you ask the Board to authorize the expenditure of up to $5,000 for the survey of the Thornewood parcel , to adopt the use and management recommendations, dedi- cate the 14 acre Lot B, to allow the 11 acre Lot 10 to remain undedicated in a planning reserve status , and to approve the naming of the property "Thornewood" . RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE A GRANT DEED CONVEYING DISTRICT LANDS, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT OF REAL PROPERTY TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (THORNEWOOD /GANG PROPERTY) i 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 agreement to exchange interests in real property between Thomas M. Gano, et ux and the Midpeninsula Regional Open Space District dated July 18, 1980 , a copy of which ! is attached hereto and by reference made a part hereof, and authorizes the President or other 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 with respect to the document (s) conveying title or other interest in real property to the Midpeninsula Regional Open Space District. Section Three. The President of the Board or other appropriate officer is authorized to execute the deed granting real property and interests therein to Thomas M. Gano, et ux. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance to Gano. 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 Five. 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. Section Six. The Board, pursuant to Section 5540. 5 of the Public Resources Code, determines the real property and other consideration involved in this exchange to be of equal value and that the property being acquired is necessary for park or open space, or both, purposes. Section Seven. The Board of Directors finds that the granting of this real property and interests therein is in accordance with the Basic Policy of the District and is not detrimental to the open space character of the Thornewood property. AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY THIS AGREEMENT is made and entered into this day of ,1980 by and between THOMAS M. GANO and CLAUDIA J. GANO, his wife, hereinafter referred to as "GANO" , and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter referred to as "DISTRICT WHEREAS, DISTRICT is the owner of San Mateo County Assessor' s parcel nos. 075-052-010, 075-123-040, 075-140- 020 and 075-140-050, which, together with the portion thereof described as "Exception E" , and an appurtenant road easement 30 feet in width for purposes of ingress and egress over those parcels identified as San Mateo County Assessor's parcel nos. 75-123-040 and 75-052-010(hereinafter referred to as "ROAD EASEMENT" ) , are shown and identified on Exhibit"A" as attached hereto and incorporated herein by this reference; all hereinafter referred to as "DISTRICT LANDS" ; and WHEREAS, some of the buildings and improvements on the Exception "E" portion of DISTRICT LANDS have historical, architectural and cultural significance and GANO desires to acquire, rehabilitate and preserve the main structure and surrounding environs; and I WHEREAS, GANO is the owner of a portion of San Mateo County Assessor' s parcel no. 075-140-040, also designated "Lot B" , shown and identified on Exhibit "B" as attached hereto and incorporated herein by this reference; and described in Exhibit "C" as attached hereto and incorporated herein by this reference; and WHEREAS, GANO is also the owner of a portion of San Mateo County Assessor' s parcel no. 075-151-010, also designated "Lot 10" as shown and identified on said Exhibit "B" , and described in said Exhibit "C" ; and WHERAS, GANO also has a beneficial and proprietary interest in the remaining portion of said San Mateo County Assessor' s parcel no. 075-151-01, also designated as "Lots 11 and 12" as shown and identified on said Exhibit "B; and WHEREAS, it is the desire of DISTRICT and GANG that the "Exception E", portion of DISTRICT LANDS together with the ROAD EASEMENT be exchanged for said lands of GANO desig- nated as "Lot B" and "Lot 10" as above described, upon the terms and conditions as hereinafter set forth. NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Property Interests to be Conveyed by DISTRICT. The following interests in real property are to be conveyed to GANO by DISTRICT, subject to the terms and conditions of a restriction agreement as referenced in Clause 11 herein: A. DISTRICT agrees to grant and convey to GANO, and . GANO agrees to accept from DISTRICT, the"Exception Ell portion of DISTRICT LANDS outlined in blue on said Exhibit A, containing 3. 26 acres, more or less, subject to a survey as provided in Clause 6 hereinbelow, together with any and all improvements thereon. B. DISTRICT further agrees to grant and convey to GANO, and GANO agrees to accept from DISTRICT, as a recorded appurtenance to said "Exception E" , said ROAD EASEMENT 30 feet in width for ingress and egress over the existing road as depicted in yellow on said Exhibit A. 2. Property Interests to be Conveyed by GANO. GANO agrees to grant and convey to DISTRICT, and DISTRICT agrees to accept from GANO, in exchange for the interests enumerated in Clause 1 above, and other considerations as provided herein- below, the following parcels of real property: A. That portion of San Mateo County Assessor' s parcel no. 075-140-040 designated "Lot B" , as shown on said Exhibit B, consisting of some 14 . 007 acres, more or less, and described as Parcel One in said Exhibit C , and B. That portion of San Mateo County Assessor' s parcel no. 75-151-010, designated "Lot 10" as shown on said Exhibit B, consisting of some 10. 696 acres, more or less, and described as Parcel Two in said Exhibit C. 3. Consideration. by GANO. As part of the consideration for the conveyance of the afo-r-e-s-Ti"a lands of DISTRICT to GANO, DISTRICT agrees to accept from GANO a promissory note in the amount of $109, 500, with interest at the rate of 12 1/2% per annum, secured by a First Deed of Trust on said lands being conveyed to GANO by DISTRICT. Said promissory note shall be payable in the following manner: a. Payments of interest only in the amount of $1, 140.63 per month shall be due and payable on the first day of each month following the close of escrow in accordance with the terms and conditions herein; provided, however, that the first month' s payment of interest shall be prorated from the date of close of escrow. 2 of 6 b. The principal sum of said note in the amount of $109,500 shall be fully due and payable at the end of five (5) years from the date of close of escrow, as provided hereinbelow, unless DISTRICT acquires either said Lot 11 or said Lot 12, or both, as provided below: 1. In the event DISTRICT acquires all of the portion of said San Mateo County Assessor' s parcel number 75-151-010, designated and shown as Lots 11 and 12 on said Exhibit "B" , the principal sum of said note shall become fully due and payable at the close of escrow for said parcels. 2. In the event DISTRICT acquires only one of said Lots 11 or 12, the net proceeds due GANO for his interest therein for such acquisition shall at the close of escrow be applied against the principle amount, and the interest payments shall be reduced accordingly. If and when the DISTRICT acquires the remaining lot, the whole of the remaining balance of the principle amount of said note shall thereupon P a become due and payable a able if riot to the lapse se of 5 years as provided in Clause 3b hereinabove. 4. Consideration by DISTRICT. As a part of the consideration the conveyance of the aforesaid lands of GANO to DISTRICT, DISTRICT shall pay the sum of One r Hundred Forty Two Thousand Five Hundred and No/100 Dollars ($142,500. 00) for the remaining interests in said Lot 10 as provided in Clause 6b hereinbelow. Said sum shall be deposited into escrow by DISTRICT for disbursement at such time as escrow is closed and title to said lands of GANG are conveyed to DISTRICT. 5. Title and Possession. Title and possession of the subject real properties and the interests therein shall be conveyed and exchanged at the close of escrow, free and clear of all liens, encumbrances, easements , assessments, leases, recorded or unrecorded, restrictions, rights, covenants, and conditions or record except: a. Any and all taxes for the fiscal year in which the escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Easements or rights of way, if any, in, over, under or across said lands for utility, street, or access purposes. c. Any and all interests that may be excepted, reserved, or retained in conveying the interests as provided herein. d. Such covenants, conditions, restrictions, and reservations as may be deemed acceptable by DISTRICT and GANG. 3 of 6 i 6. Cond: )ns. As conditions precE it, but not as covenants, the conclusion of this agreement and close of escrow as provided herein shall be contingent upon the following: a. GANO shall obtain from the Town of Woodside, to the satisfaction of DISTRICT, verification as to the sufficiency and legality of the lots conveyed by GANO, whether by means of a Certificate of Compliance as provided for in Government Code Section 66499. 34 or by other appropriate means, and b. GANO shall assure clean and unemcumbered title to said "Lot 10", by means of quitclaim deeds and release of deeds of trust executed by all parties named in that certain "Judgment by Stipulation for Partition and Division of Land by Common Owners" filed on August 22, 1979 in action no. 228057, entitled "Thomas M. Gano, et al Plantiff vs. Siavosh Marc Zand, Defendant" , pending in the Superior Court of California for San Mateo County or by other appropriate means. C. DISTRICT shall survey, as provided for in Clause 7 herein, and obtain verification from the Town of Woodside as to sufficiency and legality of the site being conveyed by DISTRICT, whether by means of a Certificate of Compliance as provided for in Government Code Section 66499. 34 or by other appro- priate means. 7. Survey. GANO and DISTRICT understand that a legal survey of the property being conveyed by DISTRICT will be required, and DISTRICT agrees to make provision for such survey and to pay the cost of same. It is further mutually understood and agreed that the map attached hereto and desig- nated as Exhibit "A" shall be an acceptable representation of the interests to be transferred by DISTRICT, as provided in Clause 1 above, until such time as a survey shall be completed and recorded. The recorded survey will then merge with and be incorporated into this agreement, superceding and replacing the description of "Exception E" on said Exhibit "A" and de- scribed as the portion of DISTRICT LANDS to be exchanged and conveyed to GANO by Grant Deed. 8. Costs. GANO and DISTRICT shall divide and share equally all escrow, recording and customary title insurance charges incurred in this transaction. GANO shall be responsible for and pay all costs of any reconveyance of Deed of Trust, full release of mortgage or any other fees or costs for legal or other services, incurred in connection with the delivery of marketable title to DISTRICT of the interests being conveyed by GANO for his legal fees. 9. Commissions. There shall be no real estate agent' s commission or related costs or fees incurred or paid by either party hereto, in connection with this transaction. 4 of 6 10. Leases or Occupancy of Premises. GANO warrants that there are no oral or written leases or rental agreements affecting all or any portion of the property being conveyed to DISTRICT or any person lawfully occupying the property and GANO further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss or expense, including costs for legal. services, occasioned by reason of any such lease, rental agreement or occupancy of the property (including, but not limited to, relocation payments and expenses provided for in section 7270, et seq. , of the California Government Code. ) 11. Restriction Agreement. DISTRICT shall retain and GA140 agrees to be bound by all of the terms and conditions of a Restriction Agreement with Covenants, in the form attached hereto and designated Exhibit "D" and by this reference in- corporated herein; which restriction agreement shall remain as a recorded encumbrance on the title held by GANO to the interests being conveyed by DISTRICT herein. 12. Improvements As Is. It is understood and agreed that DISTRICT transfers and GANO accepts all the improvements located on, over or under the property and interests therein being conveyed by DISTRICT, as described in Clause 1 herein, in "as is" condition, and that DISTRICT makes no representations or warranties with respect to the condition of said improvements, and GANO agrees that DISTRICT shall have no obligation to repair, replace or alter any of said improvements. 13. Effect of Court Judgment. GANO agrees to assume, abide by and be bound by the terms and conditions outlined in the unrecorded "Judgment Upon Stipulation" filed in the Superior Court of San Mateo County, case number 195,425, Francois Richard, et al v. The Sierra Club Foundation, et al, a copy of which is attached hereto as Exhibit "E" and by this reference incorporated herein. 14. Effect of the Will of Edna B. Thorne. DISTRICT and GANO mutually understand and agree that in the event of any legal action affecting the subject transaction arising out of provisions contained in the Will of Edna B. Thorne, noted in Probate No. 193,099 filed in Superior Court of San Mateo County and recorded in Book 6505 of official Records of San Mateo County at page 246, DISTRICT will respond to and defend any such legal action against GANO and/or DISTRICT, and hold GANO free and harmless and reimburse GANG for any and all costs, liability, loss or expenses including costs for legal services occasioned by reason of any such action. 15. Acceptance and Term of Escrow. DISTRICT shall have twenty (20) days from and after the execution hereof by GANO to accept and execute this agreement, and during said period this agreement shall constitute an irrevocable offer by GANO to enter into a contract with DISTRICT on the terms and 5 Of 6 conditions set forth herein; in consideration of which DISTRICT has paid and GANO acknowledges receipt of the sum of ten and no/100 dollars ($10. 00) . This .transaction shall close within twenty (20) days after the conditions and provisions as set forth in paragraph 6 herein are met and completed. This transaction shall be completed through Escrow T269733-JPT conducted by First American Title Insurance Company, 555 Marshall Street, Redwood City, California, 94064 . 16. 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 GA140 APPROVED AS TO FORM: By: Thomas M. Gano Stanley Norton, District Counsel RECOMMENDED FOR APPROVAL: By:Claudia J. Gana L. Craig Britton Dated. Land Acquisition Manager APPROVED AND ACCEPTED: Barbara Green, President Board of Directors Dated: ATTEST: District Clerk 6 of 6 v /•,• I • � _ +aTt• 1 n• r Sol PS 41 ~fir t pApCta s $ ,s,�i bi �� # �,►r =" AqC r 7 L x \ a �« ' P f` ` 1 2� w \\ N .n rr N'►t I a ,� • A'QS LANE ~� k�,} �i 1ti •, M rd NM ✓.! PAR u • �.J rMIs J 1 1 Z \ r a� r� ,• a M' \ . EXHIBIT Page--LO �Zr i ' yr� O ` � ' �.^� a '+•r,� ,n. iv. C ��\ L� I� � � I S• � Ji M SL 1L t i 101 v�oi y� O ��•,sy� ^M1 db`' � i� - fie•• �f O,y •CAD t. •t i�y� 1 h. b �I Lei ��w p P i B o & o r u.•x i : M1 t q i Oy0 s O EXHIBIT Page 1 of ES i w f f� , 1 T t •° r r s J The land herein referred to is situated in the State of California, County of San Mateo, Town of Woodside, and is described as follows: PARCEL ONE: Lot lettered "B" as shown on that certain map entitled "Map of Portola Hills, San Mateo County, California" filed in the office of the County Recorder of San Mateo County, State of California on June 28, 1910 in Book 7 of Maps at page 20. PARCEL TWO: Lot numbered "10" as shown on that certain map entitled "Map of Portola Hills, San Mateo County, California" filed in the office of the County Recorder of San Mateo County, State of California on June 28, 1910 in Book 7 of Maps at page 20. 6 4 Page l of.'"'"'j "" RESTRICTION AGREEMENT WITH COVENANTS WHEREAS, THE MIDPENINSULA REGION-AL OPEN SPACE DISTRICT, a public district, hereinafter referred to as "DISTRICT" and . THOMAS M. GANO and CLAUDIA J. GANO, his wife, hereinafter referred to as "GANO" , have heretofore entered into that certain Agreement to Exchange Interests in Real Property dated 1980. and WHEREAS, pursuant to which Agreement, GANO agrees to exchange the property described as parcel one and parcel two in Exhibit "A" as attached hereto and incorporated herein by this reference, to DISTRICT; and DISTRICT agrees to exchange a portion of DISTRICT lands as described in Exhibit "B" as attached hereto and incorporated herein by this reference; and WHEREAS, DISTRICT is also the owner of remaining lands which surround the lands being exchanged to GANO by DISTRICT (Exhibit "B") , said remaining lands are described as parcel three in said Exhibit "A"; and WHEREAS, some of the buildings and improvements on said lands being exchanged by DISTRICT (Exhibit "B") have historical, architectural and cultural significance and GANO desires to re- habilitate, restore, and preserve the main structure and surround- ing environs; and WHEREAS, GANO agrees to restrict said lands as described in Exhibit "B" , as to historical facade, occupancy, subdivision, and rehabilitation; and WHEREAS, GANO further agrees to allow DISTRICT to have the first opportunity to purchase the property described in Exhibit "B" for the benefit of DISTRICT and the land described in Exhibit "A" should GANO, ever decide to sell or convey the lands described in Exhibit "B" ; and WHEREAS, it is now the desire and intention of DISTRICT and GANO that the lands described in Exhibit "B" be made subject to certain limitations, restrictions and covenants for the benefit of DISTRICT, its successors and assigns and the land described in Exhibit "A" . NOW, THEREFORE, in consideration of the exchange being made to GANO, the public benefit to be derived therefrom, and in order to assure that GANO' s land, as conveyed by DISTRICT (Exhibit "B") will be restored, rehabilitated, and maintained in a manner compatible with DISTRICT' s operation and maintenance of DISTRICT lands (Exhibit "A" ) as park and open space land, it is hereby agreed as follows: EXHIBIT Page of 1. FACADE EASEMENT. It is hereby mutually understood and agreed that With regard to the Thornewood House, (hereinafter called "HOUSE" ) as shown on Exhibit "C" as attached hereto and by this reference incorporated herein, as well as with regard to existing outbuildings on the parcel (hereinafter called "OUT- BUILDINGS")as shown on said Exhibit "C", DISTRICT shall hold and GANO shall be bound by a restrictive easement by means of which DISTRICT shall retain control of. building facades. The facade easement shall pertain only to the northerly and easterly exterior walls of said HOUSE as outlined in red in said Exhibit "C" , and the remaining perimeter facade of said buildings shall be exempt from this facade easement. The facade easement as granted herein shall include, but not be limited to, the following restrictions: (a) GANO shall not, without the prior written approval of DISTRICT, undertake or permit, directly or in- directly, any destruction, construction, alteration, remodeling, or painting, or do or permit directly or indirectly any other thing which would materially change the exterior appearance, including the roof, or public view of said HOUSE and OUTBUILDINGS subject to this facade easement as it existed on the signing of this document. DISTRICT's consent shall not be withheld unreasonably. (b) GANO at all times shall maintain the property in a safe, good and sound state of repair and shall take all reasonable action to minimize deterioration of its exterior appearance subsequent to rehabilitation.' (c) Removal or restoration of any or all of said outbuild- ings shall be subject to the requirements and ordinances of the Town of Woodside; however, if the buildings are retained it is with the understanding they shall be subject to design review as hereinafter provided, in favor of DISTRICT. 2. DESIGN REVIEW. DISTRICT shall have the right of design review as herein defined with respect to any and all improvements proposed to be constructed on the property described in Exhibit "B", any exterior restoration, rehabilitation, or renovation, and any changes, rehabilitation, or relandscaping, including location and design of a swimming pool, as it affects the grounds around said HOUSE and OUTBUILDINGS. This right shall not pertain to items that are minor in nature or simply main- tenance items to keep the premises in good order and repair Design review is intended to provide a process for reasonable review by the DISTRICT of development in environment- ally and ecologically sensitive areas in order to assure that development will be harmonious with other uses in the general vicinity and that any restoration activities are compatible with 2 of 7 EXHIBIT Page -2- of. [ ,9 the historical, architectural and cultural heritage of the property and improvements with regard to construction or alteration of any improvements on the property described in Exhibit "C" and prior to the making of any such improvements or changes, an application for design review shall be made to the DISTRICT. The application shall include the following: (a) A site plan showing the location of all proposed buildings, structures, planted or landscaped areas, paved areas, and other improvements, and indicating the proposed uses or activities on the site. (b) Drawings or sketches showing the elevations of all proposed buildings, sufficiently dimensioned to indicate the general scale, height, and bulk of such buildings. (c) Drawings or sketches showing all proposed additions to existing buildings and plans for removalf restora- tion or rehabilitation of said existing buildings. Within 30 days from the filing of the application with the DISTRICT, DISTRICT shall review the site plan and drawings, and shall make its recommendations based upon the following objectives: (a) To ensure construction and operation in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. (b) To ensure that sound principles of environmental design and ecological balance shall be observed. (c) To ensure that the historical, architectural and cultural integrity of the site is maintained and perpetuated. 3. SINGLE FAMILY OCCUPANCY. GANO understands and agrees for himself, his heirs, successors and assigns that the parcel of land described in Exhibit "B" may be occupied by only one single family at any time. 4. SUBDIVISION OR DIVIDED INTERESTS. GANO shall not divide or subdivide the property described in Exhibit "B" nor shall GANO otherwise convey any portion of the property less than the whole to one or more parties. As used herein, "party" means and includes any person, corporation, partnership or other legal entity capable of holding title to real property. 3 of 7 EXHIBIT Ot It is fuz 2r agreed that this resti -ion is modified insofar as it applies to the heirs at law of GANO, beneficiaries designated in wills and/or trusts of GANO, and in that respect GANO agrees to will, devise, or convey to them only in trust or as tenants in common, and with the stipulation that the property be descendible •in perpetuity only as an indivisible parcel through tenancy in common should more than one heir retain an interest therein. 5. RIGHT OF FIRST REFUSAL. Before there can be a valid sale or transfer of the parcel described in Exhibit "B" , except as provided in paragraph 4 above, GANO, his heirs, successors or assigns shall first offer said parcel to DISTRICT, its successors or assigns in the following manner: (a) Upon receipt by GANO or his heirs, successors or assigns of a bona fide offer by a third party to purchase or take title to the property (which bona fides shall be subject to verification by DISTRICT) , GANO shall deliver to DISTRICT at its principle place of business, by mail or other appropriate means, a notice in writing, accompanied by a copy of such offer, which shall set forth the price, terms, conditions and date of such offer, and GANO's intention to accept such offer. Within twenty-one (21) days after its receipt thereof, DISTRICT or its successor shall have the prior right to purchase said property at the price and upon the terms and conditions stated in such notice. Such right may be exercised by delivery in writing by mail or other appropriate means to GANO of a notice of exercise of right to purchase. (b) If DISTRICT or its successor notifies GANO that it does not wish to exercise the right of first refusal or if the right is not exercised within the twenty-one (21) - day period, GANO shall be free to sell the property to such offerer, but only at the price and upon the terms and conditions stated in the aforemen- tioned notice and offer, and provided that said sale shall be consumated and escrow closed prior to the lapse of ninety (90) days from the date of said offer. A waiver by DISTRICT of one such opportunity to purchase shall not be deemed a waiver of any future right to purchase, it being the intent and agreement of the parties that the right of first refusal hereby granted, shall run with the land as hereinafter set forth. (c) In the event DISTRICT or its successors or assigns exercises the right of first refusal as provided hereinabove, GANO or his heirs, successors or assigns . - 4 of 7 tXHIRIT CJ agrees to deliver the property described in Exhibit "B" E the Road Easement appurl ,nt thereto vacant of al- persons and personal prop---cy at the close of escrow and GANO, on behalf of himself, his heirs, successors and assigns and on behalf of any tenants or occupants of the premises, hereby specifically waives and releases DISTRICT or its successors from any and all claims, by whatever name known, including but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 and following (or similar law) ; and GANO or his heirs, successors or assigns 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. 6. INSURANCE. (a) GANO at all times and at his/her sole cost and expense shall maintain and keep in force a standard Fire and Extended Coverage insurance policy with an insurance company rated by Best's as AA, AAA, or better, insuring the HOUSE against such loss. The improvements shall be insured for no less than its replacement or reconstruction cost at the time of loss. Said replacement or recon- struction cost means replacement or reconstruction of the original character and architectural integ- rity of said HOUSE as it may be improved from time to .time. GANO may, but shall not be obligated to, obtain insurance against risks of seismic activity or earthquake. (b) DISTRICT shall be named as' an additional insured under the above-specified insurance policy. (c) A certificate or policy of said insurance shall be filed with the District Clerk. 7. OPTIONS IN THE EVENT OF CASUALTY LOSS. In the event said HOUSE is less than 50% destroyed by fire or other insured casualty as based upon an insurance adjustor or referee' s de- termination, GANO shall, unless such requirement is waived by DISTRICT in writing, apply the insurance proceeds to rebuild said HOUSE with the original character and architectural in- tegrity subject to design review by DISTRICT as provided herein. In the event said HOUSE is more than 50% destroyed by fire or other insured casualty as based upon an insurance adjustor or referee' s determination, GANO shall promptly repair such damage, such that the premises are restored to substantially the same condition as prior to the damage, if in GANO's judgment, such repair can and should be made. If GANO elects so to repair, the same shall be completed within one hundred eighty (180) days_ after all necessary DISTRICT and other governmental approvals are ottained for such repairs, in accordance with the laws and regulations of the state, federal, county and municip, Lt� .4'ilfi r12 ties having jurisdiction. L pace -'s- of Q If GANO should determine not to repair and' restore, ENVIT DISTRICT shall within sixty (60) days have the right to determine 5 of 7 whether to repair and restore the premises. If DISTRICT determines to repair and restore, all of said insurance proceeds shall be available for such purposes, and the additional payments, if any, . shall be paid by DISTRICT with no right of reimbursement from GANG. s? If both GANO and DISTRICT should determine not to repair and restore the premises, then the proceeds of insurance shall, first, be applied to the cost of clearing the premises from the debris and remnants of the damaged structures and second, the balance shall belong to GANO. At the same time the parties hereto shall mutually agree on one appraiser, with a designation from the American Institute of Real Estate Appraisers (M.A.I. ) to conduct a Fair Market Value appraisal of said property and appurtenances thereto, which appraised value shall be final as between the parties hereto. DISTRICT shall then have the option to acquire from GANO, his/her successors and assigns any and all right, title and interest in and to said property at the Fair Market Value as determined by said appraisal within Sixty (60) days of the completion of said appraisal. 8. DISTRICT PATROL AND MAINTENANCE VEHICLES. DISTRICT shall have the right of entry at all times to operate patrol and maintenance vehicles over the road easement described in said Exhibit "B" ; however, DISTRICT shall only be responsible for the cost of road repair and maintenance based upon the percentage the DISTRICT' s use of the road as it bears to total r road use. 9. UPKEEP OF BUILDING AND GROUNDS. GANO agrees to assume the responsibility for upkeep of the buildings and grounds in accordance with the spirit and intent of this agreement, and to the satisfaction of DISTRICT, by such acts as (a) prevention of weed buildup, soil erosion and accumu- lation of trash, waste or other unsightly or offensive materials on the premises; (b) provisions for necessary painting and repairs, subject to the conditions outlined in paragraphs 1 and 2 of this Restriction Agreement. 10. BARBEQUE AREA. GANG agrees perpetually to retain the barbeque area designated in yellow on said Exhibit "C" in its current condition, including but not limited to maintenance of the plaque dedicated to Mfrs. Thorne by the Sierra Club Foundation. 6 of 7 plage b3 'Of �_ i 11. TOURS. No more than once each calendar year following three years after the date of execution of this document, GANO agrees to permit the building and grounds to be opened to the general public for a period not exceeding eight consecutive hours. DISTRICT shall bear all costs associated with such an event. DISTRICT shall hold GANO harmless from and defend GANO against any and all claims or liability for any injury or damage to any person or property, whatsoever, occuring in, on or about the premises or any part thereof during such an event caused in part or in whole by the act, neglect or fault of any person participating in such an event. 12. SEVERABILITY. If any portion of this agreement shall be adjudged invalid, unenforceable or ineffective for any reason whatever, all other provisions hereof shall be and remain in full force and effect. 13. BINDING ON SUCCESSORS. It is further understood and agreed that this agreement and each and every term, condition, restriction and covenant contained herein shall be binding on GANG, his heirs, successors and assigns and inure to the benefit of a) DISTRICT, its successors and assigns and b) the residents of the Midpeninsula area in which the property described herein is located, and c) the lands described in Exhibit "A" . r This restriction agreement with covenants is expressly w intended by DISTRICT and GANO to run with the land, to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein ,aaXxo shall be enforceable by DISTRICT, its successors an ages and all parties having any right, title or interest -in the land described in Exhibit A. In witness whereof, the parties have executed this Restriction Agreement this day of , 1980. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: GANG By: Thomas M. Gano By: Claudia J. Gano 7 of 7 EXHIMT Page ___ EXHIBIT "A" TO RESTRICTION AGREEMENT PARCEL ONE Lot "B" as described in Exhibit "B" of "Agreement to Exchange Interests In Real Property" PARCEL TWO Lot "10" as described in said Agreement, Exhibit "B" PARCEL THREE: Legal Description to be provided after completion of survey as required in Clause 7 of said Agreement. pad, of f EXHIBIT "B" TO RESTRICTION AGREEMENT Legal description of "Exception E" and appurtenant road easement to be provided after completion of survey as required in Clause 7 of "Agreement to Exchange Interests in Real Property" Also as shown on Exhibit "A" to said agreement as out- lined in blue and yellow. BACHISIT i o QWL U Q ID5 EYTW(,D- FACADE fr1S 1��P�i L!!"717E0 'ro 2r4UM'F, To l,(,�ut�-rj �2na�rc%vE I 6 , a AUTO ----- � o •TCJ�7�-t2Cx� � �� - • — � r�ATi�/+=o�rr-Ar�l o i/ gt�2`e-4a)E f , f Cy 4-� w R-80-44 (Meeting 80-16 July 23, 1980 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Agenda Item No. 3) Report July 17, 1980 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: S. Sessions, Land Manager SUBJECT: Progress Report on Use and Management of Planning Area V (Monte Bello, Long Ridge and Saratoga Gap Open Space Preserves) Discussion: The Open Space Management planning process in- corporates a procedure for reviewing Use and Management plans for District preserves in detail biennially. During alternate years, Use and Management plans are evaluated in a progress report, and Planning Area V is being presented in summary for this review. 1. Monte Bello Open Space Preserve, Black Mountain Area Monte Bello Open Space Preserve, Black mountain Area, is part of Planning Area V, but will not be reviewed this year since the plan, which is going through the City of Palo Alto pro- cedures, is not expected to be known in its final form until after August, 1980. A. During the 1979/80 fiscal year, several additions were made which increased the size of the Monte Bello Open Space Preserve, and these areas will be reviewed with the Monte Bello Open Space Preserve: 1) Melton Parcel 17. 5 acres, acquired April, 1980, undedicated. 2) Collins Parcel 7. 8 acres, acquired May, 1980, undedicated. 3) Maridon Parcel 169. 4 acres, acquired June, 1980, dedicated. 4) Swanson Parcel 10. 7 acres, acquired April, 1980, dedicated. R-80-44 Page Two B. Monte Bello Open Space Preserve, McCone Property and Boy Scout Parcel The 40 acre McCone parcel is undedicated and should remain undedicated. The one acre Boy Scout parcel is dedicated. There are no incomplete projects nor are there any new projects recommended for these properties. 3. Monte Bello Open Space Preserve, Picchetti Ranch Area During the past year, the action plan for the 200 acre Picchetti Ranch Area was to continue to secure a lease/concessionaire for rehabilitation and operation of the historic winery buildings. A proposal was submitted, but was withdrawn in December, 1979. The 97 acre Consigny parcel was acquired in May, 1980 as part of the Picchetti Ranch Area. A. Dedication Status Dedicated. B. Completed Projects 1. The parking area on Stevens Canyon Road was defined by a fence with a stile and proper signing. 2. The ranger residence water system was improved. 3. The Cupertino Summer Camp program was continued. 4. An agreement was entered into that permitted Ridge Vineyards to tend a small vineyard on the property. Fences and gates were installed at the entrance to the vineyard. 5. Monte Bello Road was realigned by Santa Clara County because of dangerous roadside conditions. An agree- ment was entered into with the County to construct the road, as well as a berm and a fence. C. Incompleted Projects 1. A concessionaire lease was not secured for the building area. 2 . All of the trail signs have not been installed. 3. The County still has to pave Monte Bello Road. D. New Recommendations 1. Following the presentation of recommendations by the Picchetti Winery Committee and approval by the Board, staff will solicit a concessionaire lease operator for the building area. This matter, including para- meters and procedures for solicitations, will be placed on your agenda after consideration by the Committee and before staff advertises. R-80-44 Page Three 2. Continue the Cupertino Summer Camp program. 3. Complete necessary trails and signing, including the connecting trails and signs to the Consigny parcel. 4. Continue to coordinate with Santa Clara County on its road project. 5. Plant native plants and grasses on the new berm constructed adjacent to Monte Bello Road. 6. Stabilization work on the historic buildings would proceed only as necessary to prevent significant further deterioration. 4. Long Ridge Open Space Preserve Purchased in 1978, this 390 acre preserve was expanded in January, 1980 with the 53. 8 acre Bridgeman acquisition. A. Dedication Status 390 acres dedicated, 53 .8 acres undedicated. B. Completed Projects Homestead area cleaned up. C. Incompleted Projects Reservoir problem unresolved. D. New Recommendations 1. No change in dedication status. 2. Continue to try to resolve reservoir liability problem associated with swim area and difficulty in lowering the reservoir water level. 5. Saratoga Gap Open Space Preserve This 491 acre preserve provides a trailhead at the intersection of several trail systems. A. Dedication Status 411 acres dedicated, 80 acres undedicated for possible transfer to County. B. Completed Projects The one bedroom house was rented during 1980. C. Incompleted Projects None. D. New Recommendations No change in dedication status. Recommendation: It is recommended that the Board of Directors adopt the new Use and Management recommendations contained in this report. M.-80-51 3�&0 AMR MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 16, 1980 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: S. Sessions, Land Manager SUBJECT: Procedural Amendments to the Land Use and Management Planning Process Introduction: The Land Use and Management Planning Process was amended in February, 1979 (see report R-79-7, dated February 23, 1979) . It is the intent of new proposed revisions discussed herein to incorporate various procedural amendments into the planning process. Discussion: The new procedural revisions have resulted from suggestions and/or corrections to the planning process and would clarify and strengthen the existing procedures. The two revisions under consideration are detailed below. A. Use and Management Plans within each planning area have been reviewed biennially in detail, and summary reviews have been conducted in alternate years. The procedural change, which you have already approved, is to have de- tailed reviews for approximately half of the planning areas each year, rather than to have detailed reviews for all of them in one year, thereby allowing a more even distribution of the staff' s workload. You approved this change at your meeting of May 14, 1980 when you reviewed the Use and Management Plan for Planning Area IV, and memorandum M-80-37 detailing the 1980 Schedule of Reviews is attached. B. Review of dedicated and undedicated land status occurs with each planning area's Use and Management Plan Review. Additionally, once a year in January, all lands are reviewed as to dedication status. A revised procedure involving a card file to track dedication status has been instituted in the Open Space Management section. A concern involving the notification of city and county officials of District acquisitions within their respective jurisdictions could be handled through an internal office procedure. The summaries that recap action taken at Board meetings could be mailed to appropriate officials when an acquisition falls within their sphere of interest. R-80-51 Page Two Another expressed concern involved methods of notification for Public Hearings. Staff feels that this item is adequately covered by current policy, since the press receives agendas and minutes and private individuals/groups may subscribe to both the agendas and minutes in order to track proposed acquisitions. In addition, the proposed notification procedure is outlined in Section II, Paragraph 2 of Appendix A of the Planning Process. Methodology for regular facility inspections, evaluation methods for use of buildings on District sites and determination of historical significance, including maintenance of those structures, should be evaluated and incorporated into the planning process when the site emphasis question is resolved, since a site develop- ment policy will redirect the planning process. Recommendation: It is recommended that you approve the planning process procedural amendments outlined above. It is also suggested that if you have concerns on the other matters, that you refer to the Site Emphasis Development Committee policy questions con- cerning pre-meeting/pre-acquisition notification to Preserve neighbors and interested persons for future evaluation and con- sideration. APPENDIX A (Revised 7/15/80) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANNING PROCESS Purpose: The Midpeninsula Regional Open Space District lands are managed for balanced functions of environmental protection, recreation, environmental education and agriculture. In order to provide for responsible land management that will accommodate the above uses whale ensuring the continued preservation of natural resources, the following planning process has been established. I. Pre-acquisition Report - In this phase the major issues related to potential acquisition are addressee. In addition, interim, use and management recommendations are made to govern use and management of a site until it can become incorporated into the ongoing planning for the open space preserve within which it is located. Interin use and management recommendations will generally maintain the "status quo" unless there are factors which must be addressed because of their deleterious impact on the site or because they represent safety hazards which should be mitigated. Preacquisition_ reports generally contain information in the followingcategories-. A. Description of the Site 1) • size, location and. boundaries 2) topography, geology -and soils 3) vegetation and wildlife B. Current Use and Development C. Cultural History and Past Use D. Other Agency Planning Considerations R. Relationship to MIROSD 1.4aster Plan '. Relationship to Draft Regional Trails Plan G. Potential Use and Managemen L FI. Interim Use and 1anagement Recommendations I. Initial Budge i J. Compliance of Use Recoimnerdatiar_s with CE9A Requi,reTae ' I K. Naming (Optional) L. Terris M. Press Release N. Recommendation on Dedication Status pursuant to Section 5540 of the Public Resources Code and Resolution No. 79-14 of MROSD Appendix A Wage 2 Proposed Planning Process (con't) II. Use and Management Plan for Individual Sites (Optional) - Generally, use and management plans for new acquisitions will be done coincidentally with the review of all other District lands within that open space preserve planning area. However, the time frame between acquisition of a given site and the review for- that open space preserve may be partic-ularly long, or there may be other factors which give the particular site a high priority, In these cases a use and management plan 'tmay be prepared for the new addition rather than waiting for the biennial review. It is at this point in the planning process that public meetings will be held at staff's discretion to help formulate the use and managemmenf. plan. The number and frequency of these meetings will be determined -in relation to public interest and to the issues related to each site. Neighborhood meetings would proceed in the following manner: First, a neighborhood information meeting would be needed to solicit input prior to staff preparation of the use and management plan itself. The, date and time of these meetings would be announced on special notices printed on a regular meeting. agenda or on a separate agenda or announced at a regular board meeting_ Selective mailings would be made to adjacent property owners, and a sign-up sheet would be circulated at the meeting for persons requesting to be informed of future meetings regarding the plan. Second, the draft use and, management plan would be` presented at a neighborhood meeting. Again, the date and time would be announced on ' special notices. Third, the draft plan would be presented at a regular Board meeting as an agenda item. A use and management plan for an individual site would generally be a simplified version of the outline in Section III. below. III. Initial Use and Management Plan for Open. Space Preserves -- This step will be the major point at which use and management decisions are initially determined and reviewed. Public involvement in the process will be the same- as II above_ A use and management plan generally contains information* in the followina categories : A. Introduction 1) background history (brief) 2) site description (brief) 3) sumvary of interim use and managenEint reco numer_dations B. Recoa ,endations 1) long. ,terns management pL:ilosophy „ 4 1 Appendix A Page 3 Proposed Planning Process (con't) 2) use 3) access 4) roads and trails within the site S) physical improvements 5) protection of_ natural resources 7) costs 8) compliance with CEQA requirements -9) naming 10) ' dedication status IV. Informational Report - Use: and management plans for open space preserves will be reviewed on a biennial basis. In the intervening years staff will provide the Board urith a brief informational update on the status of implementation of the use and management plan adopted the previous year_ A. Physical improvements accomplished B. Physical improvements yet to be completed C. Any major issues which warrant discussion -such -as dedication status V. Biennial Review of Use and Management Plans for Open Space Preserve planning areas - This step will be the ongoing review of the status of policy, use, and physical improvements of District lands. A. Reprint or summation of use and management recolMnendations for past review period. B. Status of physical improvements projects C. Data on visitor use and activities D. To include public meetings if significant changes are recommended or if warranted for other reasons. E. Recommendations for change- in use and management plan such as dedication status, I 'Note: Use and management plans are reviewed in detail for half of the planning areas each year . The remaining planning areas use and management plans are reviewed by a summary review. Therefore, each planning area is reviewed in detail every two years. a II 'Note: Use and management plans are reviewed in detail for half of the planning areas each year. The remaining planning areas Use and Management Plans are reviewed by a summary review. Therefore, each planning area is reviewed in detail every two years. Appendix A Page 4 Proposed Planning Process (con't) VI. Review of Dedicated Land Status A review of dedicated and undedicated land status will occur once a year in January . Additionally, dedication status will be reviewed with each use and management plan review, both detailed and summary reviews. Dedication status will be maintained by planning area , by preserve, by acquisition, in a card index file within the Open Space Management section. VII. PolicX Statements - This category will contain Board-adopted policies relating to land management and may include items such as land management budget guidelines, permit system, signing, group use, etc. (See attached policies) Adopted: 7/27/77 Revised: 2/23/79 y M-80-37 a s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMOPRANDM April 28, 1980 TO: H. Grench, General Manager FROM: S. Sessions, Land Manager SUBJECT: Schedule for 1980 Use and Management Plan Review The following schedule reflects proposed reviews of use and managerrent plans by Planning areas. The significant change between this year's proposal and last year's review schedule is the types of reviews proposed for 1980. All use and managerrent plans are reviewed biennially in detail, and a summary review is conducted in alternate years. This schedule proposes alternating detail and surT ry reviews within the year, thereby distributing the staffs workload mare evenly. Staff expects to adhere to the proposed schedule: however, it is flexible if changes become necessary. Planning Area MAR APR MAY JUKE JUL AUG SEP OCI` NOV 1 D 2 3 Thornewood Russian Ej§ge Ios Trancos 4 Rancho San Antonio Foothills D 5 Saratoga Gap S Picchetti 1png Ridge 6 Fremont Older D 7 El Sereno & Costonoan Way 8 Manzani.ta Ridge 9 Baylands 10 Hassler Note: 1) S = S umiary review; D = Detail review 2) Although Monte Bello is part of Planning Area #5, it will not be reviewed this year since the Use and Management Plan is not scheduled to be presented in its final form until August, 1980. 3) IMF Grants and Budget Preparation during May and June C-80-13 July 23,1980 Meeting 80--16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Description. 1251 $ 230.80 Xerox Maintenance Agreement--,Tune.: 1252 32.00 Stanley Norton Duplicating, Telephone,and Private Vehicle Expense-June 1253 9.00 Management Learning Lab. Subscription Renewal 1254 103.20 San Mateo Times Election Expense 1255 91. 80 Peninsula Times Tribune Election Expense 1256 3,000.00 Desmond Johnson, Appraiser Appraisal Services 1257 660.00 Rogers, Vizzard and Tallett Land Expenditures- June Legal 1258 228.98 Drake Welding Vehicle Equipments Fees 1259 156.50 ZZZ Sanitation Portable Toilets-Los Trancos 1260 124 .98 Hubbard and Johnson Site Maintenance-Residence 1261 8.02 Action Photo Slide Library 1262 26.27. Del Woods Private Vehicle Expense 1263 ' 158. 28 Uno Graphics Printing-Site Brochures 1264 10.50 Victor of California Field Supplies 1265 388. 70 San Jose Mercury Election Expense 1266 2,734 .17 Union Bank Interest on Promissory Note 1267 125.00 Jerome and Sheila Braun Rental Deposit Refund 1268 400.00 J.K. Kroijer Installment Payment-Fine Property V v MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 July 16, 1980 Palo Alto City Council Civic Center 250 Hamilton Palo Alto, CA 94301 Dear Members of the City Council: On July 21, 1980 you will be considering the appeal of the Midpeninsula Regional Open Space District from the Planning Commission's decision to reject the proposed location of a parking lot on the Monte Bello Open Space Preserve. Our Board and staff have given alternative locations extensive study, including individual and group field trips. It is the considered decision of our Board, with only one dissenting vote, that the proposed location is the best solution to pro- viding safe, useful access to a regional open space preserve with least negative impacts. k We hope that you will agree with or at least defer to our judgment after consideration of the matter. Sincerely, Barbara Green President, Board of Directors BG:jc cc: MROSD Board of Directors Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonehe G Hanko.Richard S Bishop,Edward G.Shelley.Harry A.Turner,Daniel G.Wendin DAN O"KEEFE SENATE CHAMBER STATE CAPITOL STATE SENATOR SACRAMENTO. CALIFORNIA TWELFTH DISTRICT 95814 )Senate California frolatarr July 3 , 1980 Mr. Herbert Grench General Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Dear Mr. Grench: My best thanks for your letter of congratulations and good wishes . Your representative, Mr. Robert Beckus, did call at my office, but, unfortunately, I was not in at the time. He indicated that he would return at another time and I am looking forward to meeting him and working with him. AAN rely, 0 1L 'KEEFE State Senator a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 July 11, 1980 Mr. Alan Woodhill President Leslie Salt Company P. O. Box 364 Newark, California 94560 Dear Mr. Woodhill: At the unanimous request of the Board of Directors of the Midpeninsula Regional Open Space 'District, I want to express the Board' s deep appreciation to you and your associates at Leslie Salt and Cargill Corporation for the recent gift of the 54-acre Crittenden Marsh property to the Peninsula Open Space Trust (P.O.S.T. ) . Because of this generous act, our Board voted unanimously to acquire the Crittenden Marsh parcel from P.O.S.T. at our meeting of July 9, 1980, thus utilizing the Federal Land and Water Conservation Fund Grant that had been awarded the District for the acquisition of this particular parcel. The Board also voted to dedicate the property as open space and adopted Stevens Creek Shoreline Nature Study Area as the official name of the site. Without Leslie Salt' s donation of the parcel to P.O.S.T. , our action would not have been possible, and we, as a Board, are most pleased that the years of effort to acquire this parcel, which represents an important link in the Bayfront Trails Plan, have finally been culminated. To you and your associates at Leslie Salt, I extend our Board' s warmest thanks for your interest in preserving the property and your gift of the property to the Peninsula Open Space Trust. Sincerely, Barbara Green President cc: Mr. James W. Walton Vice President and Land Manager Herber?A.Grench.General Manager 8oarcf of lJirectgts:Katherina f)uliv BarhamCreern-Nana'tef Magkn..RirhP-M S.Biahnn 80-17 OFFICE OF ASSEMBLYMAN FOR IMMEDIATE RELEASE BOB NAYLOR July 11, 1980 Room 5164 Contact: JIM BOURGART Sacramento, CA 95814 (415) 365-1426 Bob Naylor (R-Menlo Park) today received the Legislature's approval for his bill (AB 859) to preserve the recreational portions of surplus school sites. The vote in the Senate was 23-14, and the Assembly concurred in Senate amendments by a 61-2 vote. The bill now goes to the Governor for signature. The bill, if signed by the" Governor will prevent the loss of hundreds of soccer and Little League fields connected with surplus school sites. Naylor said that declining enrollments and financial pressures have led school districts all over the state to try to sell school sites for development "but surrounding communities have counted on school grounds being available for recreational purposes, " Naylor said. "Soccer clubs, Little Leagues, and other groups need to continue their programs. The community must be given an opportunity to retain the use of property for recreation. Naylor cited Department of Education statistics that hundreds of school sites have been closed in California in recent years and many more are being considered for closure. Naylor's proposal is strongly supported by Soccer and Little League organizations, city governments, park and recreation districts and environmental groups. Naylor said that, "school districts are concerned, quite understandably, with their immediate financial problems and they view the sale of valuable school sites as a major -- if only temporary -- source of new revenue. My view is that the entire community should have a voice in deciding how these sites should be used. MORE-MORE-MORE 80-17 NAYLOR PRESS RELEASE If the community chooses to retain the facilities for recreational use, it makes little sense to force the taxpayers to pay again the full development price for what they have already paid for once and have decided not to develop. I frankly can't think of any worse way to. spend taxpayers money, " Naylor said. Under Naylor's proposal, the recreational portions of closed school sites will be offered to local government at a price calculated as the original price of the property adjusted for the general rate of inflation since the original purchase. Naylor said that the bill "attmepted to achieve a balanced approach that recognizes the public's need for recreational facilities, like baseball diamonds and soccer fields, but at the same time protects the school districts investment in the property. " Naylor noted that the bill preserves the school district's right to purchase the property at the same "bargain" price. "Without Tn.y bill, if enrollment increases again in five years they would have to buy more property at really inflated prices to meet their needs. " The Governor has 12 days in which to sign the bill. 5750 ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 TELEPHONE (408) 265-2600 July 15, 1980 Mr. Herbert Grench General Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D1 Los Altos, California 94022 Dear Mr. Grench: Subject: Stevens Creek- Bay to Homestead Road We enclose a copy of the Final Draft of a study of multi-objective needs for the Stevens Creek corridor. The enclosed Final Draft - Stevens Creek: A Plan of Opportunities - reflects the ideas and review comments received from local residents, interested recreational organizations, State and federal agencies, the County and affected cities. At this time, we also enclose our Engineer's Report and Draft Negative Declaration for proposed flood and erosion protection measures on the creek. The recommended measures have been designed to eliminate the flood hazard from Stevens Creek which exists upstream and downstream of Bayshore Freeway and to abate erosion at several rapidly eroding locations. These recommendations have been designed to be compatible with all other potential uses identified in the multi-objective study which was sponsored by this District, the City of Mountain View and the Midpeninsula Regional Open Space District. We intend to proceed with constructing the $4.8 million worth of flood and erosion control measures described in the report. We have scheduled a public hearing for the project and for the Negative Declaration for Thursday, August 7, 1980, 7:30 p.m., at the Council Chambers, City of Mountain View. Sincerely yours, hn T. O'Halloran ,,0,eneral Manager Enclosures: 1. Engineer's Report for Stevens Creek 2. "Plan of Opportunties" Report cc: Mr. Jeff Grote Planning Collaborative Inc. Pier 33 North The Embarcadero San Francisco, California 94111 AN AFFIRMATIVE ACTION EMPLOYER MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 July 16, 1980 Palo Alto City Council Civic Center 250 Hamilton Palo Alto, CA 94301 Dear Members of the City Council: On July 21, 1980 you will be considering the appeal of the Midpeninsula Regional Open Space District from the Planning Commission's decision to reject the proposed location of a parking lot on the Monte Bello Open Space Preserve. Our Board and staff have given alternative locations extensive study, including individual and group field trips. It is the considered decision of our Board, with only one dissenting vote, .that the proposed location is the best solution to pro- viding safe, useful access to a regional open space preserve with least negative impacts. i We hope that you will agree with or at least defer to our judgment after consideration of the matter. Sincerely, Barbara Green President, Board of Directors BG:jc cc; MROSD Board of Directors Herbert A Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S Bishop.Edward G.Shelley,Harry A.Turner,0aniei 0.Wendin � /Lrc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 July 11, 1980 Mr. Alan Woodhill President Leslie Salt Company P. O. Box 364 Newark, California 94560 Dear Mr. Woodhill: At the unanimous request of the Board of Directors of the Midpeninsula Regional Open Space District, I want to express the Board' s deep appreciation to you and your associates at Leslie Salt and Cargill Corporation for the recent gift of the 54-acre Crittenden Marsh property to the Peninsula Open Space Trust (P.O.S.T. ) . Because of this generous act, our Board voted unanimously to acquire the Crittenden Marsh parcel from P.O.S.T. at our meeting of July 9, 1980, thus utilizing the Federal Land and Water Conservation Fund Grant that had been awarded the District for the acquisition of this particular parcel. The Board also voted to dedicate the property as open space and adopted Stevens Cr eek Shoreline Nature Study Area as the official name of the site. Without Leslie Salt' s donation of the parcel to P.O.S.T. our action would not have been possible, and we i P f as a Board, are most pleased that the years of effort to acquire this parcel, which represents an important link in the Bayfront Trails Plan, have finally been culminated. To you and your associates at Leslie Salt, I extend our Board' s warmest thanks for your interest in preserving the property and your gift of the property to the Peninsula Open Space Trust. Sincerely, Barbara Green President cc: Mr. James W. Walton Vice President and Land Manager Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G Hanko,Richard S.Bishop,Edward G.Shelley.Harry A.Turner,Daniel G.Wendin J U 1 1 80-17 OFFICE OF ASSEMBLYMAN FOR IMMEDIATE RELEASE BOB NAYLOR July 11, 1980 Room 5164 Contact: JIM BOURGART Sacramento, CA 95814 (415) 365-1426 Bob Naylor (R-Menlo Park) today received the Legislature's approval for his bill (AB 859) to preserve the recreational portions of surplus school sites. The vote in the Senate was 23-14, and the Assembly concurred in Senate amendments by a 61-2 vote. The bill now goes to the Governor for signature. The bill, if signed by the" Governor will prevent the loss of hundreds of soccer and Little League fields connected with surplus school sites. Naylor said that declining enrollments and financial pressures have led school districts all over the state to try to sell school sites for development "but surrounding communities have counted on school grounds being available for recreational purposes, " Naylor said. "Soccer clubs, Little Leagues, and other groups need to continue their programs. The community must be given an opportunity to retain the use of property for recreation. Naylor cited Department of Education statistics that hundreds of school sites have been closed in California in recent years and many more are being considered for closure. Naylor's proposal is strongly supported by Soccer and Little League organizations, city governments, park and recreation districts and environmental groups. Naylor said that, "school districts are concerned, quite understandably, with their immediate financial problems and they view the sale of valuable school sites as a major -- if only temporary -- source of new revenue. My view is that the entire community should have a voice in deciding how these sites should be used. MORE-MORE-MORE 80-17 NAYLOR PRESS RELEASE If the community chooses to retain the facilities for recreational use, it makes little sense to force the taxpayers to pay again a a the full development price for what they have already paid for once and have decided not to develop. I frankly can't think of any worse way to spend taxpayers money, " Naylor said. Under Naylor's proposal, the recreational portions of closed school sites will be offered to local government at a price calculated as the original price of the property adjusted for the general rate of inflation since the original purchase. Naylor said that the bill "attmepted to achieve a balanced approach that recognizes the public's need for recreational facilities, like baseball diamonds and soccer fields, but at the same time protects the school districts investment in the property. " Naylor noted that the bill preserves the school district's right to purchase the property at the same "bargain" price. "Without my bill, if enrollment increases again in five years they would have to buy more property at really inflated prices to meet their needs. " The Governor has 12 days in which to sign the bill. #### #### I I 5750 ALMADEN EXPRESSWA, Jul- � " • • W f ff-17int SAN JOSE, CALIFORNIA 95118 TELEPHONE (408) 265-2600 r, I ( 1 ,Hill. July 15, 1980 Mr. Herbert Grench General Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D1 Los Altos, California 94022 Dear Mr. Grench: Subject: Stevens Creek - Bay to Homestead Road We enclose a copy of the Final Draft of a study of multi-objective needs for the Stevens Creek corridor. The enclosed Final Draft - Stevens Creek: A Plan of Opportunities - reflects the ideas and review comments received from local residents, interested recreational organizations, State and federal agencies, the County and affected cities. At this time, we also enclose our Engineer's Report and Draft Negative Declaration for proposed flood and erosion protection measures on the creek. The recommended measures have been designed to eliminate the flood hazard from Stevens Creek which exists upstream and downstream of Bayshore Freeway and to abate erosion at several rapidly eroding locations. These recommendations have been designed to be compatible with all other potential uses identified in the multi-objective study which was sponsored by this District, the City of Mountain View and the Midpeninsula Regional Open Space District. We intend to proceed with constructing the $4.8 million worth of flood and erosion control measures described in the report. We have scheduled a public hearing for the project and for the Negative Declaration for Thursday, August 7, 1980, 7:30 p.m., at the Council Chambers, City of Mountain View. Sincerely yours, ohn T. O'Halloran General Manager Enclosures: 1. Engineer's Report for Stevens Creek 2. "Plan of Opportunties" Report cc: Mr. Jeff Grote Planning Collaborative Inc. Pier 33 North The Embarcadero San Francisco, California 94111 AN AFFIRMATIVE ACTION EMPLOYER fAIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS.CALIFORNIA 94022 (415)N5.4T17 July 17, 1980 The Honorablee Governor Edmund G. Brown, Jr® State Capitol State of California Sacramento, CA 95814 Dear Governor Brown: On behalf of the Board of Directors of the M.idpeninsula Regional Open Space District, 1 wish to express this District' s support of AB 859 by Assemblyman Naylor. This legislation is a sensible compromise between the needs of the school districts and of the general public in preserving open space and recre- ational lands of our communities. Sincerely yours, Herbert Grench General Manager HG:jg cc: MROSD Board of Directors Assemblyman B. Naylor I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 July 17, 1980 City Council City of San Carlos 666 Elm Street San Carlos, CA 94070 Dear Mayor Bennie and Members of the Council.- At the suggestion of Councilman Steele, I am writing to give you a status report on the Hassler property. Some time ago the District had an independent apprai- sal made of the property and subsequently made a purchase offer based upon that appraisal. Negotiations have been underway since, but have been difficult® In the meantime the District has solicited proposals for public recreational use of the buildings.. Only one such proposal was forthcoming, that being for a hostel using the former head doctor's residence and adjoining duplex and oper- ated by the American Youth Hostel group. This proposal is being evaluated. Legal access to the site from the new Crestview/Edgewood intersection and past the detoxification center would be suitable for District patrol or hostel vehicles. However, pedestrian access for San Carlos neighbors and other site f Bow Drive bypassing n users from the end o , �` the detoxification, center, would be very desirable, as would some parking area in that vicinity for a visitor staging area.. Parking has not been negotiated on the Hetch Hetchy right of way, and it is undesirable to have general public vehicular access to the top of the Hassler ridge. These matters will require more joint study with San Carlos officials to try to arrive at optimal solutions. However, the negotiations with Saxe. Francisco are not currently affected by them. Please call upon me if you need further information. We are quite anxious to complete this project for the benefit of the residents of San Carlos and others. Sincerely yours, Herbert Grench General Manager HG:jg cc: MROSD Board of Directors Bob Allen Herbert A.Grench,General Manager Board of Directors Katherine Duft Barbara Green,Noneae G.Hanko.Richard S.Bishop.Edward G.Shelley.Harry A Turner,Daniel a Wendin