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HomeMy Public PortalAbout19801112 - Agendas Packet - Board of Directors (BOD) - 80-25 Meeting 80-25 A% Aw W, Siam 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 November 12, 1980 375 Distel Circle , D-1 Los Altos, California (7 : 30) ROLL CALL APPROVAL OF MINUTES - October 8 and 22, 1980 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS SPECIAL ORDERS OF THE DAY OLD BUSINESS WITH ACTION REQUESTED (7 :45) 1. Cooley Landing-Acquisition of the Lands of Westbay Community Associates (Ideal Basic Industries, Inc. ) C. Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Exercise of Option to Purchase Real Property, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Cooley Landing Bay Front Preserve-Lands of West Bay Community Associates) (8 :05) 2. Proposed Addition to Rancho San Antonio Open Space Preserve (Petersen Property) - C. Britton (8 :20) 3. Public Notification Procedures - H. Grench (8 :30) 4 . Development of Rancho San Antonio County Park S. Sessions OLD BUSINESS WITH NO ACTION REQUESTED (8 :45) 5. Camping at Windmill Pasture Area - S. Sessions Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonefte G Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G Wendin November 12, 1980 Meeting 80-25 Page Two NEW BUSINESS WITH ACTION REQUESTED (8 :55) 6. Proposed Addition to Manzanita Ridge Open Space Preserve (Guadalupe Rubbish Disposal Co. Property) - C. Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, i Authorizing Officer to Execute Certificate of Acceptance of Gift Deed to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Manzanita Ridge Open Space Preserve-Guadalupe Rubbish Disposal Co. , Inc. Property) (9 :05) 7. Proposed Addition to Manzanita Ridge Open Space Preserve (Duffy-Barnes Property) - C. Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Manzanita Ridge Open Space Preserve - Duffy Barnes Property) (9 : 15) 8. Scheduling of Second Meeting in November - H. Grench (9 :20) 9. Appointment of Peace Officer - S. Sessions Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer NEW BUSINESS WITH NO ACTION REQUESTED (9 :25) 10. Recap of Legislative Program for 1980 - H. Grench (9 :40) INFORMATIONAL REPORTS CLAIMS EXECUTIVE SESSION - Land Negotiations and Personnel Matters ADJOURNMENT WRITTEN COMMUNICATION Meeting 80-25 November 12 , 1980 SIERRA CLUB PENINSULA REGIONAL GROUP • ber 1980 OF THE LOMA PRIETA CHAPTER SAN MATEO COUNTY, CALIFORNIA FOUNDED . 1892 Reply To: Lois Evraif f, Chairperson Board of Directors 1976 Ticonderoga Dr. M R O S D San Mateo, Cal. 94402 375 Distel Circle Ph: 573-7605 Suite B-1 Los Altos CA 94022 Gentlemen: At the October 8th meeting, (1980) , of the Peninsula Regional Group (San Mateo County) , Mrs. Peg Tonneson gave a brief description of the Thornewood property and explained that your District is considering steps that may affect the status of the buildings and some adjacent property. As you know we support the District and understand the District's need to assure financial viability for various holdings. In this case, the limited information we have suggests that you are considering an arrangement whereby an adjacent landowner would give the District some land in exchange for some form of lease-hold rights to the buildings. We would appreciate your sending us a summary of the situation, with the alternatives you see, and your recommended action. Local concerns have been voiced regarding the following points: 1) What alternatives are possible? 2) To what extent under each alternative will public access to the grounds and/or estate building be possible 3) Will trail easements be honored 4) If a lease-hold is given, what provision for termination of the lease, recovery of. the lease improvements, architectural control of improvements, will be assured. 5) Do you have some customary way of including local residents in an advisory body? We would like to incorporate your response into a forthcoming issue of the Loma Prietan. Please feel free to contact Clara May Lazarus or Lois Evraiff if you have any questions. We appreciate your help. I Respectfully, I Lois Evraiff Chairperson, PRG, Loma Prieta Chapter Sierra Club WRITTr COMMUNICATION Meeti 80-25 November 12 , 1980 November 1 1980 Mid-Peninsula Regional Open Space District To The Board 725 Distel Drive Los Altos, California 94022 Gentlemen: I am writing to strongly protest the County access road leading into Rancho San Antonio. I realize the road is in, and is in to stay, but I am still protesting. When excavation of this road began, I called Steve Sessions (MROSD) and he said he was disappointed that the road was as high up on the hillside, but assurred me that completion of the project and the park was 5 years in the future. It certa'nly was completed sooner than e-,pected' When I asked why the large size of the road Mr Dave Christy of the County Parks & Rec. Dept. replied that the size and the construction were to prevent erosion from the hill above. I commented that there is water from the water tower (providing a habitat for several species of birds and mammals) dripping down the hill and , siting erosion on parts of 280 I felt the possibility of erosion on this hill still e--isted. He agreed . I under- stand that although the MROSD board approved the road none had visually seen its construction and completion unt '1 recently. I hope the Board will in the future follow development of MROSD land much more closely. My second concern remains with further development of RSA. As an en- vironmental volunteer. I feel any "improvements" to the fields near the asphalt road in the form of tables, toilets 1p� will alter the fragile ecosystem in that area. I have used both fields with groups of school children writing poetry about a tree; dbsecting owl pellets under a large bay, watching deer, squirrels and a variety of birds . I understand that the County is considering purchase of the land on the other side of the creek (where the old red barn used to be). If development of picnic tables, etc. is to become a reality in that whole general area. please at least have the development outside of the Open Space Preserve and within the County park only! Thirdly, I fear with all the obvious development off Cristo Del Rey, comes certainly more people, but also different elements of people. I would not want RSA to become another Stevens Creek; where one cannot find solitude alone and where certainly one cannot send children alone safely. I have tried to be objective and fair in this letter, realizing that great changes are coming to the whole area. I hope you will consider my comments. I also hope all concerned, County. MROSD and private citizens work together for the best possible solut ons for the open space and its inhabitants. cob: Geraldine Steinberg Co. Board of Supervisors Sincerely Dave Christy /nCd�'G�C2/ Co. Parks & Rec. Dept. Ma cia Johnson 1215 Arthur Court Los Altos California 94022 I J JIM WRITTEN COMMUNICATION Meeting 80-25 November 12 , 1980 LXIFORNIA ASSOCIATION OF PARK & RECREATION President BiH Love-San Rafael COMMISSIONERS & BOARD MEMBERS Fk*Vice President Donna Rogers-South El Monte Second Vice President affiliated with the California Park and Recreation Society and the Rose Mary Forehand-Vacaville National Recreation and Park Association, Citizen-Board Members Branch Secretary Anita Huseth-Westminster Treasurer CALIFORNIA ASSOCIATION OF PARK & RECREATION COMMISSIONERS Hilmi M Ibrahim-Whither Board of Dlredors & BOARD MEMBERS SUPPORT PROPOSITION I Immediate Past President Francis R Boykin-Cypress Eugene A Anson,Sr -Alameda County ErnesyD McGuire La Habra Proposition I will provide much needed funds for the ac uisi- Ernest O McGuire-Rio Linda p p q i Ed Rodman-Monterey Park tion and development of new park facilities as well as the Sandra Breedlove-Visalia rehabilitation of older parks necessary to handle the steadily George Crosby-Fountain Valley increasing number of visitors who are staying close to home and Betty Kennedy-Huntington Beach ly Mann Dorothy Olson-Marin Co utilizing their parks rather than traveling. The need for Patricia A Delaney-Los Angeles County Proposition I is enhanced by the fact that the funds made Winston Miller-Carson available through prior bond acts has all now been expended Charles W Skoien,Jr -Mission Oaks R&P District or euncumbered. Local officials might remember that local Anne Woodell Oakland priorities for past park bond acts exceeded the funds avail- Past Fir"Idents able at that time. The needs are clearly even greater today. Robert Banes-Southeast R&P District J Richard Teague-La Mesa&San Diego Co. SheilaHyman-Pacifica Should Proposition 1 fail for a second time this year, we need Everett Greenberg-Temple City Douglas Mornsson-Hayward R&P District not remind you that this will be taken as a message by all Mary Hernandez-Tustin legislative bodies within our state that parks and recreation Polly Sandkulla-San Mateo County Thomas Cooper-Huntington Beach are not a priority of our citizens. This will no doubt seri- David M Nigel-San Bruno ously hamper us in our efforts to seek additional funding at both the state and local levels. November 4th is fact approaching so it is incumbent upon each one of us to get involved now if we are to win this campaign. In addition to formal endorsement by your commission, board and council, make yourself available to speak to service clubs, community groups and park support groups on Proposition 1 . Also, the preparation of news stories for local papers detail- ing projects funded from past bond acts and the projects proposed to be funded from Proposition 1 grant will be most helpful. We also urge you to get involved in your local cam- paign by organizing volunteers and helping to raise money much needed by the Proposition 1 campaign. Your energies on behalf of Proposition I will be appreciated not only by us today but by future generations who will use our parks. Sincerely yours, Eugene A. Anson, Sr. Legislative Chairman SUITE 302, 1400 K STREET,SACRAMENTO.CALIFORNIA 95814, (916)441-0254 (See Reverse for Resolution) AP WHEREAS, the California State Legislature and the Governor have reviewed and placed Proposition I (the California Parklands Act of 1980 - SB 624) on the November, 1980 ballot; and WHEREAS, if approved, the above Act will provide $285 million to develop and buy local, regional, and state parklands; and WHEREAS, $85 million would be available for city, county and regional park and recreation and historical resources programs; and WHEREAS, $30 million would be available for urban open space and recreation grants to cities, counties and park districts for critical unmet needs in major metro- politan areas; and WHEREAS, $70 million would be available for acquisition and development of new parks and historical resources as well as providing additional facilities at existing parks by the State Department of Parks and Recreation; and WHEREAS, $90 million would be available to the State Department of Parks and Recreation for acquisition and development of coastal and beach properties including projects on San Francisco Bay and in the Santa Monica Mountain zone; and WHEREAS, $10 million would be available for grants to local and state agencies for State Coastal Conservancy beach access and coastal restoration projects; and WHEREAS, leisure and open spaces in both urban and rural areas are a necessity to life, since they have a substantial beneficial effect on mental and physical health, economic productivity and social problems; and WHEREAS, enhancement of parks, open space, and other natural resources have direct economic benefit to our community and the state as a whole; and moreover, will benefit the health and well-being of Californians. WHEREAS, Proposition 1, unlike its predecessor on the June 1980, ballot, would place before the voters of California a measure solely devoted to providing funding for acquisition and development of parks and open space, recreation programs, conservation of natural resources, and access to popular recreation areas; NOW, THEREFORE, BE IT RESOLVED that the California Association of Park & Recreation Commissioners & Board Members goes on record in support of Proposition 1; and BE IT FURTHER RESOLVED that this body strongly urges all Park & Recreation Commissioners & Board Members to take an active role in the Proposition 1 campaign which will insure the future of our parks. Adopted at the mid-year Board meeting October 4, 1980. R-80-63 (Meeting 80-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 12 , 1980) REPORT November 5, 1980 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager S. Sessions, Land Manager SUBJECT: Cooley Landing-Acquisition of the Lands of Westbay Community Associates (Ideal Basic Industries, Inc . ) Discussion: On June 3, 1980, the Board unanimously passed Resolution 80-25, accepting an assignment of an option for the subject parcels and expending $50, 000 to extend said option to November 20 , 1980 (for background information, refer to report R-80-26 and memorandums 1.1-80-42 and M-80-43 , all dated June 3 , 1980) . Since that time, staff has continued to work with Leslie Salt/Cargill Corporation on the purchase of adjacent lands. Staff is optimistic that the bargain purchase of the 150 acre salt pond will be accomplished; however, this type of transaction may take many months of work, and could not be concluded prior to the time deadline of the current Westbay option. At the meeting of June 3, 1980, the Board also passed a motion requesting that the East Palo Alto Municipal Council give the District firm assurance, in resolution form, that the Council in no way ex- pected the District to be involved in a marina project. Such a resolution was passed on July 7 , 1980 and is attached for your reference. At this point, the District has already expended $50, 000 (non-refundable) which would be applied against the $130 , 000 purchase price. These parcels remain a key to any development at the Cooley Landing peninsula, including a marina, and would be an asset to any regional recreation facility. Both parcels would provide additional public bay frontage and access, although currently these parcels do not have deeded access to a public road. Staff feels these parcels still play a key role in the eventual bargain purchase of the Leslie/Cargill property. Use and Management: Because these parcels lack access to a public road and because of the existing debris and broken concrete on the site, this property should be closed to the public. The area should be signed as a "Closed Area" and requested visitations to the site will be handled by the existing permit procedure. Staff would work with the other governmental agencies, including BCDC, Page Two having jurisdiction to investigate long range remedies for the elimination of the hazardous situation resulting from the debris on the site. Also, because of the lack of access and remoteness of these parcels, patrol would be at a significantly reduced level and not on a scheduled basis. Staff also recommends that these parcels should not be dedicated at this time. The encroachment of a portion of the adjoining land owner's boatworks and associated auxiliary buildings should be investigated further, and a month to month lease arranged if possible, otherwise, the District should require that the encroaching improvements be removed. Recommendation: It is recommended that the Board of Directors adopt the accompanying resolution Authorizing Exercise of Option, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Cooley Landing-Westbay Parcels) . It is further recommended that the Board adopt the proposed Use and Management criteria, including the non-opening of the site and leaving these parcels in a non-dedicated status. It is further recommended that these parcels be unofficially called the Cooley Landing Bay Front Reserve. (I 'd welcome other ideas! ) RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXERCISE OF OPT1ION TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION ( COOLEY LANDING BAY FRONT PRESERVE-LANDS OF WEST BAY COMMUNITY ASSOCIATES) 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 exercise the option contained in that certain option agreement between West Bay Community Associates and Jay Thorwaldson dated November 26 , 1979,and the extension thereof dated May 21, 1980 as assigned to the Midpeninsula Regional Open Space District on June 3, 1980, copies of which are attached hereto and by reference made a part hereof. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for the Grant Deed conveying title to the property being acquired by District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance of purchase agreement to sellers. 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R Z)V,-ir, YlOOSj pO�flt EXh-,SIT A - SITE MP (USGS) LEJ„E p. aa� J PQpKrj WESTBAY PROPERTY r' S R ° Du�rltie 2000 ' North >� (BM 18) r } `�S ing Bridge POO SALT E V A P O R A T O R S ";B M 7 �� SGVA Slott h a 1 �J4 PP g ,RM 6 SALT \` EVAPORATORS B M S Rakdtp oToe / D vt, r • PACIFIC S:M1l7 EVAP(YVATORS Aleiflo r BM 0� /i: nu; r ..�� ) ■ram Se v. H n `a �l�•HETCH HETCHY h Ravens%�60d P oy Landigg, \II VLO... 4 1 %/ IS .�1 , li 2 ; Ac' Farrel. N i ��� �. 1. 1 44 I ' j�fOr a O �r S r.�Green aIc 1 , I �o Y 1 t° i J t W $haapgk�g ! ' 14n f 1`� l mL 9 �(' ear I sue' - 1 �] al !'.Aft V i \ - j ` s a\ G WNrrl �1 „\p oao°a 3 7? 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EAST PALO ALTO, CA 94303 (415) 324-1308 July 8 , 1980 Ms. Barbara Green President, Board of Directors Mid-Peninsula Regional Open Space District 375 Distel Circle Suite D-1 Los Altos, CA, 94022 NON-INVOLVEMENT III REQUESTED RESOLUTION RE: -INVOLVEMENT IN THE DEVELOPMENT Re: OF A MARINA IN AND ABOUT COOLEY LANDING Dear Ms. Green: On Monday, July 7 . 1980, the East Palo Alto Municipal Council-, at its regular meeting took the following action on the above x..ferenced Agenda item: X APPROVE (4-0) DENY CONTINUE - (to be reheard on This letter serves as your official notification of the action taken by the East Palo Alto Municipal Council. A copy of the Council 's staff recorsmendation is enclosed. Thank you, Sincerely, Darice Islam AdrL�irist.ra,tive Clerk i EPA Municipal Council DE:mp REGULAR MEETINGS THE FIRST AND THIRD MONDAY OF EACH MONTH AT 8:00 P.M. COUNTY OF SAN MATEC INTERDEPARTMENTAL CORRESPONDENCE DAT4 June 19 , 1980 To: Honorable Municipal o ncil FROM. Kenneth G. Goode, A � 'ni.s trat ive Officer SuoizcT: CONSIDERATION OF RESOLUTION ASSURING THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT THAT THE EAST PALO ALTO MUNICIPAL COUNCIL DOES NOT EXPECT THE DISTRICT TO BE INVOLVED IN ANY WAY IN THE DEVELOPI E14T OF A MARINA IN AND ABOUT COOLEY LANDING RECOMMENDATION That the Municipal Council pass a resolution assuring the Midpeninsula Regional Open Space District that the East Palo Alto Municipal Council does not expect the District to be involved in any way in the development of a marina in and about Cooley Landing. - I ( BACKGROUND: See attached letter from District to Council dated 6 . 18.80 e I �r i A P P R 0 V E V (4-0 ) Ea4t Pato Atto Municipal Council 7/7/4 East Palo Alto Munic -Lpal Council MEMBERS OF THE COUNCIL iaR2�•t'�t M&ZIMCATIM HENRY E. ANTHONY MEE;PING 80-15 A. BERKELY DRIESSEL • BARBARA A. MOUTON JLR,Y 9, 1980 BRADFORD STAMPER GERTRUDE WILKS C N F AN M , J ADMINISTRATIIVE. OFFICER l MUNICIPAL CENTER 2415 UNIVERSITY AVENUE. EAST PALO ALTO, CA 94303 (415) 324-1308 July 8, 1980 Ms. Barbara Green President, Board of Directors Mid-Peninsula Regional Open Space District 375 Distel Circle Suite D-1 Los Altos, CA. 94022 REQUESTED RESOLUTION RE: NON-INVOLVEMENT IN THE DEVELOPMENT Re: OF A MARINA IN AND ABOUT COOLEY LANDING Dear Ms. Green: Or, Monday, July 7 _ 11980, the East Palo Alto Municipal Council, at its regu_ar meeting took the following action on the above r-:ferenced Agenda item: X APPROVE (4-0) DENY CONTINUE - (to be reheard on ) . This letter serves as your official notification of the action taken by the East Palo Alto Municipal Council. A copy of the Council s staff recorm-endation is enclosed. Thant: you. Sincerely, Darice Clam Adn,i.nistrative Clerk EPA Municipal Council DE:mp REGULAR MEETINGS THE FIRST AND THIRD M.C.VDAY OF EACH MONTH AT 8:00 P.M. Y WHEREAS, the East Pato Atto Mun.ic.ipat Councit .is an etect-ive body; and WHEREAS, the East Pata Atto Mun.icipa.2 Counc.i2 uJ.isdiea to assure .the MidPeninsuta Reg.ionat. Open Space D-ia.t,%ict that .the Coune.it does not expect .the D.istA.ict to be .invoeved .in the development of a maA.ina pto ject. NOW THEREFORE BE IT RESOLVED, that the East Palo Atto Mun.ic.ipat Counc.it unan.imousZy adopts this tezotut.ion to give 6.iAm azzutance to the M.idPeftijtsu.-a Reg.ionat Open Space Di.6tA.ict, that the Mun.ic.ipat Counc.i..P does not expect the D.isttict to be .involved, .in any manner, .in the devetop►rient og a mat.ina in and about Co of ey Landing. REGULARLY PASSED AND ADOPTED THIS 7th DAY OF JULY, 1980. r r i ATTEST: R-80-64 (Meeting 80-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 12 , 1980) REPORT November 5, 1980 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager S. Sessions , Land Manager SUBJECT: Proposed Addition to Rancho San Antonio open Space Preserve (Petersen Property) Discussion: on June 13, 1979, the Board passed Resolution 79-22 III finding and requiring that the public interest and necessity required the acquisition of the subject property (see report R-79-26, dated June 6, 1979) . Since that time, staff has worked with the property owner, his attorneys, and District attorneys to achieve an amicable resolution for the acquisition of this critical parcel. A voluntary settlement has been reached, but because of title complications, the final terms of purchase will be by stipulated judgment. This means that no contract, resolution, deed, or certificate of acceptance is required. However, it is re- quired that the Board approve the claim for the settlement amount of $250, 000, a figure arrived at by mutual consent of the parties as a fair cost, considering all factors including accrued interest from the date of possession, and a composite of four separate appraisals that were completed for the property. The funds for the purchase would be all cash and be charged against the Previous Land Commitments category. Use and Management Recommendations: The use and management recommenda- tions from report R-79-26 are reiterated as follows: (1) The site should be open to hikers and equestrians who can gain access from Windmill Pasture, Hidden Villa Ranch or other adjacent private property. (2) Preserve boundary signs should be installed where appropriate. (3) Portions of the existing trail are very steep, poorly aligned, badly eroded and dangerous . Therefore, the trail should be reconstructed at an estimated cost of $1000. Erosion control measures should be taken on the old route once it is abandoned.since there may not be sufficient funds to complete the work this year, and because there is no urgency to reconstruct the trail with winter coming, this item would be rebudgeted for next year if not performed this year. P, Two (4) This property should be named as an addition to Rancho San Antonio open Space Preserve/ Windmill Pasture area. (5) This property should be dedicated as open space land. Recommendation: It is recommended that you authorize the expenditure of $250, 000 from the above-named budget category by approving item # 1601 on the revised claims list. It is further recommended that you adopt the use and management recommendations made in this report and the official name of the site as an addition to Rancho San Antonio Open Space Preserve/Windmill Pasture area. It is further recommended that this parcel be officially dedicated as open space land. M-80-80 (November 12 , 1980 Meeting 80-25) 0 lmw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM November 3, 1980 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Administrative Assistant SUBJECT: Public Notification Procedures Discussion: At your meeting of October 22 , 1980 , you requested that an item be placed on the November 12 agenda to allow you to discuss the next steps to take on addressing the issue of ade- quate notification of Board actions to the public. At the October 22 meeting, it was noted that the November 12 agenda item would be for the purpose of a structural discussion of how to address the topic, rather than the merits of public notification, and Director Duffy indicated it might be necessary to establish a special Board committee to study the issue. As you recall, the question of listing land acquisitions as Public Hearings was discussed at your July 23 meeting, and the matter was slated for agenda discussion at your October 8 Regular Meeting (refer to memorandum M-80-22 , which was prepared for that meeting) . However, due to the fact that two Board members were not present at that meeting and the lengthy agenda, the Board members in atten- dance decided to reschedule the item to a future meeting, and I indicated I would place it on the agenda after Legal Counsel re- turned from vacation. In light of the questions dealing with pro- ject developments for the Rancho San Antonio Regional County Park and camping in the Windmill Pasture area which arose at your last meeting, you decided, by consensus, to place the item immediately on an agenda to structure future Board action. Recommendation: Due to the complexities of this public notification issue and the various concerns that have been expressed by individual Board members, I would support Director Duffy's recommendation that an ad hoc Board committee be established. They could identify and study the issues related to public notification and Public Hearings and make recommendations to you. M-80-82 (November 12 , 1980 Meeting 80-25) aaae...t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM November 7 , 1980 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Development of Rancho San Antonio County Park Discussion: Attached is a memorandum M-80-81 of November 6 , 1980, from Steve Sessions to me regarding Development of Rancho San Antonio County Park. Recommendation: The following items are recommended for Board action: (1) Suggest the City of Mountain View to obtain certifi- cation of the St. Joseph' s Avenue bridge for handling this load before continuing its use of the bridge for bus transportation. (2) Request the County to :proceed as quickly as possible to install the bridge across the creek on the County Park. Since the primary reason for the County to build this bridge for their purposes is to accommodate public traffic across the bridge to future County use areas, this request would be reinforecment of your earlier approval in concept of the County development phases beyond Phase I. (3) Request the County to "chip seal" the access road and to proceed with an interim landscaping plan. (4) Direct staff to renew joint development, use, and management planning efforts with the County, with the appropriate involvement of the City of Mountain View, and report back to you on these efforts. I will take responsibility for staff' s failure to inform you of the change to the asphalt surface in Phase I. I think the pro- cess and communication channels between staff and Board were quite adequate. We simply "goofed" in not transmitting that particular information, but I think the oversight is quite understandable. 1 M-80-81 (Meeting 80-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 12 , 19 80) MEMORANDUM November 6 , 1980 TO: H. Grench, General Manager FROM: S. Sessions, Land Manager SUBJECT: Development of Rancho San Antonio County Park Introduction: In accordance with the Board' s request from the Special meeting of October 27 , 1 have attempted to piece together the history of the County' s park project leading to the present development of the access road and identify the communication gaps that resulted in the Board members and you being unaware of the change in project scope which resulted in the paving of the access road. The Board also requested a status report be presented on the development of the Rancho San Antonio County Park Phase I improve- ments, elaborating on the bridge, circulation management, future development, and possible mitigation. I have prepared the following as information for the Board' s consideration. Paving of Service Road. The project has been discussed over the past couple of years and has received significant staff input. There were several presentations on the project to the Board and the community. The presentations to the Board of Directors at the April 23, 1980 Board meeting (reference R-80-17 , dated April 16 , 1980) identified the County' s Master Plan for the project and discussed possible impacts. At the same time, a review of the schedule for EIR certification and first phase development was identified to the Board. At that presentation, it was staff' s understanding that the intent of the first phase of the project was to develop access off Cristo Rey, provide two parking lots and a restroom structure, develop a vehicle bridge over Permanente Creek and a gravelled service road that would lead to the Preserve and connect with the District' s St. Joseph' s access road. Addi- tionally, the bike trail was to be developed. This first phase concept was restated by staff in the May 8 , 1980 review of the use and management plan for Rancho San Antonio Open Space Preserve (reference report R-80-22 , dated May 6 , 1980) . Subsequent to those reports to the Board of Directors, staff dis- cussed the development of the Rancho San Antonio Park with the County of Santa Clara Department of Parks and Recreation, and with the City of Mountain View Department of Recreation, one of the Preserve ' s prime users. M-80-81 Page two To the best of Land Management staff' s recollection, it was during a meeting at offices of the Parks and Recreation Department that staff was made aware of the County Project Engineer' s decision to pave the entire service road as part of the first phase im- provements. Although we were not involved in the decision process, it appeared to be a logical decision, and beneficial to both the County and the District. Subsequent discussion with Mountain View' s Recreation staff confirmed their feelings of the desirability of having a paved access road that would accommodate vehicular traffic to the Preserve, thereby accommodating the Deer Hollow Farm program requirements which involve busing school children to the District' s permit parking lot. The change in scope from a gravelled service road to an asphalt service road was not considered by me to be an extensive change. The service road had always been designed by the County to be a two-way travel lane, approximately 24 feet wide, with curbing. (Please refer to County' s Master Plan. ) Therefore, a change which would provide a hard surface, i.e. asphalt, instead of just the rock base, did not appear to be significant in nature. Staff reported to the Board of Directors during subsequent Board meetings in July, August, and September, the status of the County Park plans, and the fact that the bids had been awarded and construction begun on the park. The reports were presented to the Board as infor- mational reports. In retrospect, Land Management staff was both aware of and surprised at the development that had taken place in the County park. I under- took the task of interfacing with County staff working on the project. Therefore, if the present situation is different than perceived by the Board, I must assume that I did not communicate sufficiently or effec- tively. The County has acted in good faith, based on the park Master Plan, the District' s need to provide for current access and parking problems, and the County's interpretation of the ultimate use of that park as a "high intensity" recreational area. I feel that the intent of the plan and the development is in the best interest of the District and the community. It appears that the amount of development under- taken in the first phase is greater than needed, especially in view of the fact that the County elected to delete the vehicle bridge from the service/access road at this time and include it at a later date. It should be noted that the County also developed two additional parking lots and installed the equestrian bridge, identified as second phase development items, during the first phase development. Vehicle Bridge. The Phase I plan included a vehicle bridge over the creek to allow for patrol vehicles and accommodate the District' s Preserve users. This was deleted from the project because of timing. If the project had been stalled until the bridge was designed, Phase I would not have been completed until the summer of 1981. 1 feel that there is a need for this bridge, especially since the road is paved. We had talked to the Mountain View Parks and Recreation Department about using this park road for their programs and eliminating user traffic from St. Joseph Avenue. This approach has received their concurrence. The present St. Joseph' s access road and bridge present some problems and the M-80-81 Page three integrity of the bridge has been questioned by the Mountain View Parks and Recreation Department. Land Management staff was aware of a broken bridge stringer and has replaced parts of the bridge. However, if Mountain View is to use the St. Joseph' s access instead of the Cristo Rey Drive access, the District should suggest that Mountain View obtain certification that the St. Joseph' s bridge will support their buses. Mountain View has indicated that without access into the farm area by buses, class- room visitations to the farm would probably be eliminated. If the Board affirms this idea, we need to ask the County to proceed with the bridge rather than defer completion until Phase II develop- ment of the park. Circulation. The present plan is to encourage all vehicular traffic to use the Cristo Rey Drive access; the parking lot and restroom will provide the amenities needed to complement the current casual use of the Rancho San Antonio Open Space Preserve. With or with- out the bridge, normal vehicular traffic would not go beyond the creek. Land Management staff had assumed that this would be a control point and handled like the present access from St. Joseph Avenue, i.e. by permit, vehicles may proceed to the District' s permit lot. The County will be removing the temporary stream-crossing installed for construction so that only the bicycle and equestrian bridges will remain; the plan is to gate these bridges to prohibit vehicu- lar use. If the vehicle bridge is constructed, a gate would also be installed to control traffic. The District also has the option of installing fencing and gates along the Preserve boundary, should it be deemed necessary. Future Plans. These are unknown at this time. If the County should acquire additional land in the area, it could change the use/circu- lation plan of the park. It would not, in all probability, change the present alignment of the road and parking layout. It might lead to a relocation in the group picnic area from the Preserve area to another area in the park, but there would still be a need for a parking area next to the tennis court area. Management. The District had planned to assume management of the park with Phase I until the County developed Phase II. Joint County and District signs would be installed, the District would patrol and operate the park as part of the Preserve; the County would maintain the park. This management approach would establish good use patterns by those who visited the Park/Preserve, and would be beneficial for future operations. The concept now is that the County will assume management of the park, using their type of signs , and the District will provide casual patrol, which could include opening and closing the park gates. This may mean a change in our management concept, in- cluding the possible installation of a property line fence and M-80-81 Page four gate and signs to identify the Preserve boundary. Items such as curbs, guard rails, and fences to control traffic and possible off-road use , and signs for rules and regulations still need to be discussed with the County. The addition by the County of the equestrian staging area means that we need to consider possible additional impacts and control measures for horse use of the area. Mitigation. There are several mitigation approaches which could be considered, but the most feasible at this time appears to be : 1) encourage the County to proceed with an interim landscaping plan to cover the areas affected by the road cut. 2) encourage the County to "chip seal" the access road. This would mitigate the appearance of the asphalt. Conclusion: It is my conclusion that even though the change from a gravel road to a paved road was not formally concurred with by the Board, the present access road will be beneficial in accom- modating preserve users and the Mountain View Deer Hollow program, provided that the bridge is installed in a timely manner. Installation of landscape materials, including ground cover and "chip sealing" the road surface, will mitigate the stark appear- ance of the grading and the road. The management plan needs to be discussed with the County. Staff has some concerns over site conditions, signing, and procedures that need to be resolved before we can make our recommendations for joint facility management. And finally, the communications problem has been resolved by re- newed awareness of the Board' s sensitivity towards development, and my ability to more closely ascertain the detail of which information needs to be transmitted to you and the Board. M-80-85 (Meeting 80-25 November 12 , 1980) omk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM November 7, 1980 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Camping at Windmill Pasture Area Attached is a memorandum M-80-84 of November 6 , 1980, from Steve Sessions to me regarding Camping at Windmill Pasture Area. This is in response to a question raised at your October 22 Board meeting. From this memorandum and my own recollection, Land Management staff had good communication (and had acceptance of the result) with Hidden Villa when the recommendation was made to phase out camping at Windmill Pasture. Communications were complicated, involving three to five MROSD staff members, two new MROSD staff members, old and new Windmill Pasture care- takers, old and new Hidden Villa, Inc. staff, hostel summer staff, etc. District staff will be meeting again with the new Hidden Villa, Inc. staff and Mrs. Dana in the near future to discuss Hidden Villa needs and our joint concerns. M-80-84 (Meeting 80-25 November 12 , 1980) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM November 6 , 1980 TO: H. Grench, General Manager FROM: S. Sessions, Land Manager SUBJECT: Camping at Windmill Pasture Area A question has arisen concerning the use and management of Windmill Pasture, specifically as to allowing camping by Hidden Villa, Inc. I have reviewed Land management files and concluded, based on the file reports, that the District had an informal agreement with Hidden Villa, Inc. to allow camping to continue on Windmill Pasture for one year after acceptance of the property by the District. It had been anticipated that a District camp facility would be developed as part of the Monte Bello project, and this camp area would provide for the Hidden Villa programs. This is still the intent, but the implementation has been delayed pending approval of the Monte Bello Plan by the City of Palo Alto. Palo Alto will not approve a camp plan prior to approval of the entire Monte Bello Open Space Preserve development plan and until provisions for water and user safety are satisfactory. The approved Use and Management Plan dated December 6 , 1977 (see report R-77-52) allowed for casual day use and provided for the Hidden Villa camping program for that year. The may 1978 review of the Windmill Pasture Use and Management Plan (see report R-78-17 , dated May 4 , 1978) provided for a contract arrangement with Hidden Villa to provide and manage an overnight camp for one year. In June 1979, the Board approved a use and management recommendation (see report R-79-19, dated June 5 , 1979) to discontinue camping on Windmill Pasture, as planned, except for occasional use by Hidden Villa programs by permit, and phasing in the District' s Monte Bello camp. This year' s Use and Management Plan, approved on May 6 , 1980 (see report R-80-22) discontinued all camping. The concerns of Land Management staff over camping at Windmill Pasture and the intentions of the District to eliminate camping at Windmill Pasture and to provide a backpack camp area on Black Mountain were discussed with Hidden Villa via staff to staff communications. Changes in Hidden Villa staff and District staff requires the re-establishment of communication methods. M-80-84 Page two The staff concerns which led to these use and management recommendations are identified in the attached memo from Del Woods. The undesirable conditions of fire hazards and illegal camping still exist, as well as our inability to adequately provide access to the site for manage- ment and fire protection. The problem has been compounded by reports of roving dog packs in the area which have bothered hikers and equestrians. Because staff was having difficulties implementing the plans for an alternate camp area in a timely manner, this year' s Hidden Villa program requirements were accommodated on an informal basis. Staff will be meeting with Hidden Villa, Inc. to review their requirements and to determine how the District can accommodate their current and future programs, either through the Monte Bello plan, if available, or by providing for a special use permit procedure which would require the Board to amend this year' s Use and Management Plan for Windmill Pasture to allow camping by special permit. M-80-86 ,A (Meeting 80-25 %bo'e November 12 , 1980) 2�i MW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM November 3, 1980 TO: S. Sessions, Land Manager FROM: D. Woods, Open Space Planner SUBJECT: Camping at Windmill Pasture During the summers of 1978 and 1979, various user groups were permitted camping permits at Windmill Pasture. Although the Land Management staff did not feel this was an appropriate or safe use of the area, it was permitted because of a mutual agreement with Mrs. Duveneck. Apparently, Hidden Villa, Inc. had operated a camping program there in the past and it was her wish that the program not be interrupted. Land Management staff objected to this use primarily because it en- couraged illegal camping in an extremely inaccessible and hazardous fire area. Despite this concern, camping by permit was allowed but closely monitored for two years. In that period of time, illegal campfires became more frequent and staff became increasingly aware of the potential fire danger. In the fall of 1979, we toured the area with the Los Altos Fire Department in the hopes of en- couraging them to improve access from Olive Tree Lane. They con- firmed the hazardous condition of the property, but stated improved access would neither help nor hinder their efforts to contain a fire in this area. Even though I was not directly involved, to the best of my recollection various members of the Land Management staff were in contact with the Hidden Villa program staff, and Hidden Villa was aware of the decision to move camping to Black Mountain. Hidden Villa wanted to continue camping at Windmill Pasture. Following the storms earlier this year, the access road from Rhus Ridge Road became impassable. Until then, it had been passable with the VW patrol vehicle, which could have transported visitors in an emergency. The road was not repaired because of the sensitive nature of negotiations with the neighboring property owner. In the spring of 1980 , the camping policy was re-examined. The fact that we no longer had emergency access and illegal camping was increasing reconfirmed the 1979 decision to discontinue all camping this year. Public requests for camping were denied, but people were informed of the District' s intent to open a backpacking camp at Black Mountain. This camp would have emergency access, water, and regular patrol to minimize the fire potential and offer visitor protection. M-80-86 Unfortunately, the use and management plan for Monte Bello was not approved by the City of Palo Alto in time to initiate this use. This area cannot be utilized without a use permit issued by the City. In the meantime, Land Management staff cannot justify re-opening Wind- mill Pasture for camping when all the same concerns exist and are confirmed by the local fire jurisdiction. R-80-61 (Meeting 80-25 November 12 , 1980) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 3 , 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, and W. Upson, Associate Real Estate Representative SUBJECT: Proposed Addition to Manzanita Ridge Open Space Preserve (Guadalupe Rubbish Disposal Co. Property) Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to acquire approximately 338 acres of land in three parcels in an unincorporated area outside the Town of Los Gatos. A 240 acre parcel would be purchased, and two contiguous parcels comprising some 98 acres would be a gift to the District (see attached map) . The three parcels are situated easterly of Lexington Reservoir, near San Jose Water Works land and near the Novitiate property which the Town of Los Gatos and the District are jointly negotiating to purchase with 1978 Land and Water Conservation Fund monies. The parcels are adjacent to the District' s Limekiln Canyon Area. A. Description of the Site. 1. Location and Boundaries. This unincorporated property is located on Limekiln Road within the Sphere of Influence of the Town of Los Gatos. The property is bordered on the north by lands under consideration, namely the pro- posed 44 acre Duffy-Barnes acquisition (see report R-80-62 , dated November 3, 1980) , or already acquired by this District, on the east and west by privately held property, and southerly by private ownership, including San Jose Water Works land. The property that the Town of Los Gatos and the District have under negotiation is located 0.25 miles northwesterly , and the Kennedy Road area of the Manzanita Ridge Open Space Preserve lies some 1. 75 miles easterly. 2. Topography and Natural Resources. The northerly portions of the subject lands lie in Limekiln Canyon. The holding resembles the present area of the Preserve in that it contains principally the chaparral plant community. Elevation ranges from about 800 feet at the bed of a seasonal creek that flows into Lexington Reservoir to the summit of 1818 feet in the southeasterly quarter of the property. The lower elevations contain an oak woodland community normally associated R-80-61 Page two with low and middle canyon areas. The upper levels are typically chaparral interspersed with some outcropped rock formations. 3. Existing Development. There are three points of access to the property. A dirt road affords access to the northerly segment of the property, and a P.G. & E. unpaved road and a jeep trail provide access to the southerly portions. Limekiln Canyon Road leads from Lexington Dam to a gravel quarry some three miles easterly. This road may be used by the public and could provide access to the northerly areas. The P.G.&E. road is gated where crossing Santa Clara Valley Water District land. Several P.G. & E. facili- ties are installed oh the subject lands. 4 . Conformity. This proposed acquisition has been found to be in conformity with the Santa Clara County General Plan. The P.G.& E. service road which crosses the southerly portions of the land is part of the County Trails Plan and has been identified by the Los Gatos Trails Committee as a link in the trails plan. This trail leads to the Kennedy Trails parcel. The proposed acqui- sition is within the Los Gatos Sphere of Influence and found to be in conformity with the Los Gatos General Plan. B. Use and Management Recommendations. 1. The site should remain open to hikers and equestrians who can gain access from Limekiln Canyon Road or any of the other roads if granted permission by the owners of adjoining property. 2. Fencing and gates should be installed as required at points of access to restrain use of vehicles. This may necessitate an expenditure of up to $2 ,500. 3. Preserve boundary signs should be installed at appropriate intervals. C. Dedication. It is recommended that this proposed acquisition be withheld from dedication as open space since other lands would have to be acquired to complete the contiguity of the Preserve, and further, to permit the use of development rights as an asset and bargaining tool. D. Name. It is recommended that the property become an addition to the Manzanita Ridge Open Space Preserve and be unofficially desig- nated as part of the Limekiln Canyon Area. R-80-61 Page three E. Terms. The attached Purchase Agreement outlines the acquisition terms for the purchase of the 240 acre residential portion of the holding. This parcel has a site value of $300,000. The agreement provides, in part, for a down payment of $87,000 (290) and the balance of $213, 000 to be paid in 10 annual payments of $21,300 plus interest at 8% per annum computed on the unpaid balance. As a further part of the agreement, the owner will convey to the District by Gift Deed two contiguous parcels comprising some 98 acres adjoining the Priest Rock Area. The funds would come from the New Land Commitments budget category. Recommendation: It is recommended you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Authorizing Officer to Execute Certificate of Acceptance of Gift Deed to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Closing of the Transaction (Manzanita Ridge Open Space Preserve - Guadalupe Rubbish Disposal Co. Property) . It is also recommended that you approve the interim use and manage- ment recommendations contained in this report, that Manzanita Ridge Open Space Preserve Limekiln Canyon Area be designated the un- official name of the site, and the 338 acre acquisition not be dedicated. f RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSTJLA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GIFT DEED TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE-GUADALUPE RUBBISH DISPOSAL CO. , INC. PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain purchase agreement between the Guadalupe Rubbish Disposal Co. , Inc. and the Midpeninsula Regional Open Space District dated November 12, 1980 , a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for the Grant Deed conveying title to the property being acquired by District. Section Three. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for the Gift Deed conveying title to the property being given to District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance of purchase agreement to seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section 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. I ��•• .U. '.?`.a7I\. .\.1. mil. .hi.iC. .tl. ;` r ........ ............ '•5ks:� :t 'rf.iy•n •M1: .` '; :is AF Ll ^Lirnestooy 'Quarries sli nP .\ \ H i i �fi KENNEDY Va . ,n ROAD AREA',,' l _ FFY—B RNE5 ' =-QjF7 _�L ',, PROPEf3`1 Y GUADALUPE.c;RbBpp SII J r , D I SPOSAL COf 3PANY ! P'ROPOSED ADDITION TO tlMEK i LN `CANYON AREA 2s�a l r inter . ✓ � oaa SAr.�� EL. SOMBRO O /- — ; �' � � AREA _ J j \ n '•"•' lute ?2 T •••• S.eco v ,- .s l05 -15 �YY 2QJr2\ Gatos ::. 3103 L' :•d Ra' < ~RECREar,oN � ,_.a... •: -'� :. - �`�• EXHIBIT A SITE MAP (USGS) 3.7 •:::..a � ,.nay �� C am:b::aPark Eat" " MANZANITA RIDGE ' 3 IX03 \N R��rVOr io �.. aAtp - c:,ac rur�•wN ` /d Fs 2, �„, „ „•, I OPEN SPACE PRESERVE ookel l" = 2000 ' North �( PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this day of , 1980 by and between the GUADALUPE RUBBISH DISPOSAL CO. , INC. , hereinafter referred to as "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter referred to as "DISTRICT" . WITNESSETH: RECITALS: A. SELLER is the owner of certain real property located within i w an unincorporated area of the County of Santa Clara, State of California, containing 80 acres, more or less, and further described as Parcel One in Exhibit "A" attached hereto and by this reference made a part hereof. SELLER is also the owner of an adjoining parcel containing 160 acres, more or less, and further described as Parcel Two in attached Exhibit "A" . B. SELLER is also the owner of certain other real .property located within an unincorporated area of the County of Santa Clara, State of California, containing 80 acres, more or less, and further described as Parcel Three in attached { Exhibit "A SELLER is also the owner of an adjoining parcel containing 17. 91 acres, more or less, and further described as Parcel Four in attached Exhibit "A" . C. DISTRICT desires to purchase and SELLER desires to sell Parcel One and Parcel Two, of said real property, together comprising some 240 acres, more or less, to DISTRICT, for the monetary consideration and under the terms and conditions herein- after set forth. D. SELLER, out of generosity and a desire to promote the public welfare, and to share the natural scenic beauty and the enjoyment of its property with the citizens of the Midpenin- sula area wishes to give and convey to DISTRICT, and DISTRICT wishes to accept and receive without consideration, Parcel Three and Parcel Four of said real property, together comprising some 97. 91 acres, more or less. i NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : t 1. PROPERTY TO BE CONVEYED: Upon the terms and under the conditions herein set forth, SELLER agrees to sell and convey Parcel One and Parcel Two, as aforesaid, and DISTRICT agrees to purchase said Parcel One and Parcel Two from SELLER. In addition, SELLER agrees to give and convey Parcel E 1 of 4 Three and Parcel Four, as aforesaid without consideration, and DISTRICT agrees to accept ownership of said Parcel Three and Parcel Four. rc o Together with easements, rights of way, and any other rights of use which may be appurtenant or attributable to the afore- said lands. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price for the aforesaid real property des- ignated as Parcel One. and Parcel Two is and shall be the sum of THREE HUNDRED THOUSAND AND N0/100 DOLLARS ($300,000. 00) payable as follows: a. The sum of EIGHTY SEVEN THOUSAND AND N0/100 DOLLARS ($87,000. 00) as the down payment, payable at the close of escrow. b. The remaining balance of TWO HUNDRED THIRTEEN THOUSAND AND N0/100 DOLLARS ($213,000. 00) shall be carried by SELLER in the form of a promissory note, secured by a Deed of Trust, for a term of ten (10) years, payable in ten (10) equal annual install- ments (on the anniversary date of the close of escrow) , of TWENTY ONE THOUSAND THREE HUNDRED AND N01100 DOLIdARS ($21, 300. 00) plus accrued interest at the rate of eight percent (84)per annum com- puted on the unpaid balance. 3. TITLE AND POSSESSION: Title and possession of the herein described real property designated as Parcel One and Parcel Two shall be conveyed by SELLER to DISTRICT at the close of escrow by a Grant Deed, and Parcel Three and Parcel Four by a Gift Deed; all parcels to be free and clear of all liens, judgments, encumbrances, easements , assessments, restrictions, rights, covenants, and conditions of record, except: a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. 2 of 4 ghts f way, b. Any other seandtsuchxotheroexceptions access rightht deemed acceptable to DISTRICT. 4. COSTS DISTRICT shall pay and satisfy all escrow, recording, and es inured n this customary title insurance charges and roeuiredcatrtheroption transaction. Title insurance may be qequte of the DISTRICT and in the amount thereby deemforadandapay for its purposes, SELLER shall b responsible all costs of any reconveyance of deed of trust, fullrelease of mortgage, payment of liens, discharge of judgments,any other charges, costs or fees veryselayofamarketable titleture whatsoever in- curred in connection with the DISTRICT. 5. COMMISSIONS: any real estate agent' s DISTRICT shall have no obligation to pay commission or other related costs or fees in connection with I this transaction, 6. LEASES OR OCCUPANCY OF PREMISES: or SELLER warrants that there are no anal °ortion of therit-tenses subject j rental agreements affecting all or any p SELLER property. nor a ` re any persons occupying the property• s and agrees to hold DISTRICT free and harmless further warrant and to reimburse DISTRICT for anyincludinandosts fortlegalabervices, loss, damage, re expense, y such 1_ease, rental agreement, or occasioned by reason of any DISTRLC`� (including occupancy of the property being ymentseandy expenses provided for but not limited to relocation pi Y in Section 7260 et seq. of the California Government Code. ) 7. ACCEPTANCE AND TERM OF ESCROW: DISTRICT shall have thirty (30) days from the date of the ex- ecution hereof by the SELLER to accept and execute this agree- ment, and during said Period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the aforesaid real property to DISTRICT, for the ch. Asrconsiderationion and eforhe terms and conditions herein set forth. the tender of said offer DISTRICT has dollars. •anTi EeLbeingcof°thedges receipt of the sum of ten ($10. 00) practicable essence, this transaction shall close as e titlooaresdeposited in escrow after documents evidencing (No. 1-8202) to be conducted by the First American Title Insurance t Company, 675 North First Stree after thisf California, agreement is approvedd in no event later than 45 days and executed on behalf of DISTRICT• shall accrue to the benefit of • g. The provi sions hereof and shall bind the respective heirs, devisees, assigns or successors in interest of the parties hereto. (� 3 of 4 h; MIDPENINSULA REGIONAL SELLER: OPEN SPACE DISTRICT APPROVED AS TO FORM: GUADALUPE RUBBISH DISPOSAL CO. , INC. Stanley Norton, District Counsel BY:�_,,-,I 4J./� Title - ACCEPT D..; "OR RECOMI�IENDATION: �, BY: /� -'.ee tilt L. Cr �/.g Britton Title Land acquisition Manager Dated: 06,-2 RECOMMENDED FOR APPROVAL: Herbert�Grench General Manager APPROVED AND ACCEPTED: Barbara Green, President Board of Directors Dated: )'14�• ATTEST: r Clerk f the Board'of Directors ' 4 4 of �, a r 1--8202 EXHIBIT "A" Real property situated in the Count of Santa Clara State P P Y y , of California, described as follows: PARCEL ONE: The blest 1/2 of the Northeast 1/4 of Section 34 in township 8 South Range 1 West, Mount Diablo Base and Meridian. PARCEL TWO: The East 1/2 of Northeast 1/4, and North 1/2 of Southeast 1/4 of Section 34 Township 8 South, Range 1 West, M.D.B. & M. lying and being in the district commonly known and designated as the Guadalupe District, and being the same property granted by United States Government to Henry Clere de Lenresse. PARCEL THREE: EAST HALF of Northwest quarter (N.W. 1/4) Section 34, Township 8 South Range 1 West M.D.M., containing 80 acres, more or less. PARRCEL FOUR: Being a portion of the South 1/2 of Section 27, T.8S. RAW. , M.D.B. & M. , and more particularly described as follows: Beginning at the 1/4- section corner between Section 27 and 34, T.8W. , RAW. ; thence along the section line between Sections 27 and 34, North 89° 46' 02" West, 1855.61 feet to a point; thence North 495.59 feet to a 3/4 inch iron pipe; thence North 89° 14' 00" East 747.50 feet to a 3/4 inch iron pipe; thence South 76° 33' 45" East 140.33 feet to a 3/4 inch iron pipe; thence South 32° 28' 28" East 168.45 feet to a point; . thence North 31° 31' 21" East 30.25 feet to a 3/4 inch iron pipe in the North bank of Lime Kiln Creek; thence South 65° 49' 39" East 330.59 feet to a 3/4 inch iron pipe; thence South 730 47' 23" East 202.23 feet to a 3/4 inch iron pipe; thence South 650 34' 00" East 257.07 feet to a 3/4 inch iron pipe; thence South 58° 09' 49" East 72.82 feet to a point in the Westerly line of lands now or formerly of Duffy and Barnes; thence South 3' 08' 44" West along said Westerly line for a distance of 144.72 feet to the point of beginning. Containing 17.91 Acres, more or less. R-80-62 (Meeting 80-25 November 12 , 1980) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 REPORT November 3, 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, and W. Upson, Associate Real Estate Representative SUBJECT: Proposed Addition to Manzanita Ridge Open Space Preserve (Duffy-Barnes Property) Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase approximately 44 acres of land south of Kennedy Road in an unincorporated area of Santa Clara County. This land would be an addition to the Limekiln Canyon Area of the Manzanita Ridge Open Space Preserve (see attached map) . A. Description of the Site. The property is similar in character to the Kennedy Trails portion of the Preserve which is located some 0. 8 miles to the east and to the Limekiln Canyon area located 0.25 miles to the west. Elevation on this steep, chaparral hillside parcel ranges from 1,000 to 1,800 feet. Several dirt roads and trails, principally used by equestrians, cross the property and connect with private property and the Preserve. This parcel fronts on the northern property line of the Guadalupe Rubbish Disposal Co. property (see report R-80-61, dated November 3, 1980) B. Conformity. This acquisition has been found to be in conformity with the General Plan of Santa Clara County. The property is within the Los Gatos Sphere of Influence and is found to be in con- formity with their General Plan. C. Use and Management. (1) The property is generally inaccessible to the public from the north and east because of existing private property. However, access can be gained via the Guadalupe Rubbish Disposal Co. property to the south, and the land should be open to individuals who can gain access from adjacent private property and private roads with the permission of the property owners. 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 R-80-62 Page two (2) Fences, gates, and boundary signs should be placed where appropriate. D. Dedication. It is recommended that this site be withheld from dedication as open space land since it is separated from the Kennedy Road portion of the Preserve and so as to allow for the possibility of transfer of property rights, either fee or easement. These property rights could include: density transfer, retention of open space easements, or theoretically, disposal of a major portion of the property. It should be emphasized that disposal is not contemplated at this time. E. Name. It is recommended that this site become an addition to the Manzanita Ridge Open Space Preserve - Limekiln Canyon Area. F. Terms. This parcel of land is being offered to the District at a total price of $75 ,000 ($1,700 per acre) . In accordance with the attached purchase agreement, the full purchase price will be payable at close of escrow. The funds for purchase of this parcel would come from the 1980-81 New Land Commitments budget category. Recommendation: It is recommended that the Board adopt the proposed Resolution of the Board of Directors of the midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction - (Manzanita Ridge Open Space Preserve - Duffy-Barnes Property) . In addition, it is recommended that you adopt the interim use and management recommendations contained within this report, withhold the property from dedication, and adopt Manzanita Ridge Open Space Preserve - Limekiln Canyon Area as the unofficial name of the site. I RESOLUTION NO. III RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE I CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE - DUFFY-BARNES 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 con- tained in that certain purchase agreement between Leo F. Duffy and Dorothy Duffy and Charles E. Barnes and Lenore B. Barnes and the Midpeninsula Regional Open Space District dated October 2, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for the Grant Deed conveying title to the property being acquired by District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance of purchase agreement to sellers. 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 .. t. - a • -- - It-�/U r Rom;`o '.� Lim stona ' b-se f h'S H i!f I:ENNEDY 'h RC.A�') AREA u v ti .'� �'-BINYsS ttFF :? } GUAD2!LUPE1 Rbv Bk .SH , DISPOSAL. -COA'IPA •Y PROPOSED Ai,DITION TO ' `LIMEI:ILN CANYON AREA ••d - :•:7 •y} _ �J ,ir 1ter oaZ-7 r FL SOiIBRO. 0 c, JAREA y BM 1373 i ICA 1. -�(.�� If ILL 1'� •�' 3 , n ' A _ 'h•n a ` V.• a•.' R[� Los` 3i0i le, EXHIBIT A — SITE MAP (USGS) MANZANITA RIDGE" OPEN SPACE PRESERVE 2000 ' North .... .-... .._. ._.. ..... _•-• - ACREERENT TO PURCHASE REAL PRWERTY THIS AGREEMENT is made and entered into by and between Leo F. Duffy and Dorothy Duffy, his wife and Charius E. Barnes and Lenore B. Barnes, his wife, hereinafter called "SELLERS'' and MIDPEIJINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT" . 1. PURCHASED PROPERTY: SELLERS agree to sell to DISTRICT, and DISTRICT agrees to purchase from SELLERS, SELLERS' real property located in an unincorporated area of Santa Clara County, Stat" of California, consisting of the fee simple title in forty four and thirty nine one- hundrcths (44 . 39) acres more or less, commonly referred to as Santa Clara County Assessor' s Parcel Number 537-007-008 , as described in the property description designated Parcel One in the prelim- inary title report No. 1-8200, dated March 26 , ID80 from the First American Title Guaranty Company, said report being Monti- fied as Exhibit "A" and as outlined in red on the map identified as Exhibit "B" , -both of said exhibits being attached hereto and by this reference mnle a part hereof. Together with an unaivide,_.',, 30% intercst in the fee Simple title to Parcel Three of the afore- said title report, and easements in and to Parcel Two and Parcel, Four of s:aid report. Also together with arty other easements , rights of way, or rights of use which may be appurtenant or attributable to the afore said lands. 2. PURCHASE PRICE AND MANNER OF PAY!4L,N.,T : The total purchase price is and shall be the Sum Of 'SEVENTY FIVE; THOUSAND AND NO1100 DOLLARS ($75, 000 in . 00) payab-l_e into c.scrotn. at such time as the escrow may be closed and title conveyed to DISTRICT under the terms and conditions hereinafter set forth. 3. TITLE AND POSSESSION: Title and possession of the subject property shall be convoyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, easements , asses ents, covenant, restrictions, rights, and conditions of record except : a. Taxes for the fiscal year in which . this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Any other easements, rights of way, access rights, and such other exceptions deemed acceptable to DISTRICT. 1 of 3 4 COSTS: DISTRICT Shall Pay and Satisfy all escrow, rocor6ing , and custopary title insurance charges and fees incuiced in this tcans action. Title insurance may be required at the option (,) the DISTRICT, and in the amount thereby deemed aRequate for its purposes. SELLE16 shall to responsible for, and pay oil costs of any reconvoyanco of deed of trust, full release of mortgage, payment of liens, dischayge of judgments, or Pay other charge. , costs or fees of any nature whatscover inc v "rod in connection with the delivery of market 7ble title to DISTRICT. 5 . COMLi 117SI0IIIIS: Neither SELLERS nor DISTRICT shall have any obligation to pay any real estate agent' s coif mission or of related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF SELLERS %,,,arrant that there are no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the properLy . SEWAAS further worrant and agree to hold DTST?!CT free and harmlugs and to reimboise DISTRICT for 4ny and all costs, liabilitY, loss, damage, or expense, including costs for legal services, occasion- ed by reason or any such lease, rental agreement, or occuPancy of the property being acquired by DISTRICT (including but n(ot limited to relocation payments and expenses provided for in Section 7260 et seq. of the California Governmont Code . ) 7 . ACCEPTANCE AND TE�M,11 OF ESCRO : DISTRICT shall have forty five (45) days from the date of the execution hereof by the SELLERS to accept and eNecuLe thib agree- ment, and during said period this instrument shall constitute an -irrevocable offer by SELLERS to sell and convey the afWcsaid real property to DISTRICT, for the considanation and under the terms and conditions . set forth. As consideration for the Lender of said offer DISTRICT has paid and SELLEB5 ackPowledgo receipt of the sum of ten ($10. 00) dollars . Time being of the essence, this transaction shall close at soon as Oracticabic after documents evidencing acceptable title are deposited in escrow (No. 1-8200) to be conducted by the First American TILTe Guaranty Company, 675 North First Street, San Jose, California , 95112 and in no event later than forty-five (45) days after this agreement is approved and executed on behalf of DISTRICT. 8 . The provisions hereof shall accrue to the benefit of and shall bind the respective heirs , devinces , assigns , or successors in interest of the parties hereto. 2 of 3 MIDPENINSULA REGIONAL SELLERS: SPACE DISTRICT APPROVED AS TO FORM: ciJ Lech F. Duffy Stanley Norton, District Counsel r Dorothy DI V ACCEPTED FOR RECOMMENDATION: Charles E. Barnes L. Craig Br Uton Land Acquisition Manager Lenore B. Barnes RECOMMENDED FOR APPROVAL: Dated: Herbert Grench General Manager APPROVED AND ACCEPTED: Barbara Green, President Board of Directors Dated: ATTEST: Clerk of the Board of Directors 3 of 3 x .first American Title a arain-t Company Cr` 'BELL E,.t CUr'ERTtP!'J !_„.t LCJS ALTOS t_J PALO ALTO 4 AS'O+✓AV E 1Q37p S,)J rI JE AP, E{LVD AA S N A,I.; )N I i, 11 C't 5' fA+.t_l ON AVE 67-15- �«'' h � CAs,& cc LL.Ca w-,,,G.& CtJg't FiT IND.C.t1w to LOS ASTOa to 5a�22 PAL(IArv'O CAS-.: i Sa*.�.�, r. . i 40,91 377 2.9ji.` 740,90 252 7iX,K, 4415)941 332G to 151 3:-SD:9 M 1 7,66:_3 6J SAslA'r;:c:.>a L.J SL.%NYV ALE a tLOS,SONI HILL-S:eaN XrN"E .[].WEST VALLEY-$AAi NJ E 1K808158ASINi>kY 1CP555UNNVVALCS1AAT'631AJ AS-,6LO-,50M MtLI ROAD 41253LACKFC>kJ AVE.PIDD 331511::a3 C': T.Y. SAA AT CK.A,CA 95C,1J SUNNYVALE.CA SWC-a7 SAN XJSE.CA 55123 SAN JOSE.CA 9$117 gjt . Gi !C 14C�La1:3&7�USS] t4tler 24SSti�.%v 01 1 44-W)227,5111 (4 +2 Sa,2 ,Td$C 5t 696tI 2n 2Ap p PRELIMI,"A'ARY RE-PORT it*us-d- for Sole Use of Your No. Our Order No. 1--8200 Form of Policy Coverage Requesied. In response to Vi— above referenced applicration for a policy of title insurance,this Company hereby reports tf,nt it is prepare-d to issue,or cause to be issued, as of the date hereof.a Policy of Title Insurance in the form specified above, describing the land and tie estate or interest tta=rein hereinafter set forth, insuring against toss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded frorn coverage pursuant to the printed Schedules. Conditions and Stipulations of said policy form. This report (:end any supplements or amel, -Bents thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance an no liability is as .sunned hereby. if it is desired that liability be tt:ssumed prior to the issuance of a policy cf title insurance, a Binder of Commitment should be requ::sied. Dated as of March 26, 1980 at ':30 a.m. ITARY _V T r.PI,TNG ESCROW OFr ICER TITLE OFFICER Title to said est<tte or interest at the date hereof is vested in: LEO F. DUFF' and DOROTHY DUF FAT, his wife, as Joint Tenants, an undivided 1/2 interest, and CF'�-.LE;S E. BARNTES and LENOF'� B. BARNES, his wife, as Joint: Tenants, an undivided 1/2 interest The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AS TO PARCELS ONE AND THREE; AN EASE'REINT AS TO PARCELS TttiTO AND FOUR. At the date: hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: p Y SEE NEXT PAGE ATTACHED. -8200 r1age 2 A. Taxe,,-; for the -fiscal year 1930­81, a lien, not yet due or payable. B. Second Installment of taxes for the f-'.Tocal year 1979-80, Ariount �127.46, A.P. 537-07-003, Code Area 80-060. Taxes for tb,-, fiscal year 1978-79 which may be reassessed by reason of: a) Improvemeats added subsequr--nt to 311175 b) Changes in ownership occurr-ing su7j-';�quent to 3/1175 c) Reappraisal of property values as of 3/l/75. 1. Right,; of the public, public utility entities, and adjoining land owners in. and to C arty established and exist:Ui- roads traveil �.Lng the herein described property. 2. Any unrecorded outstanding water agreements by and betweaa adjoining land owners. 3. TermE;, covenants and coaditions, contained in that certain Agreement entered into by and beta:-en Patricia L. Po?p and Henry M. Rood, et Ux, recorded May 29, 1957 in Book 3809 of Official Rec:ords at Page 341, Santa Clara County Records, to 1,711�(-, recorded instrument reference is here made for more particulars. 4. Cove-nants contained in rhos., certain instruments recorded June 7, 1957, Book 3815 of Official Rx As at Page.,. 109, 110 and 112 of Santa Clara County Pecords, to wh*,(:h rec , -ded instruments, reference is 'here nade for more particul,,--s. 5. Terms, covenants, conditiont; and restrictions contain(---d In the Dned to Jefferson C. Stephens, et 'ux, recordef1 Junct 10, .1957 Ln Rook 381.6 of O'Lfici,!l Records at Page 293, S o, -a Clara County Records, to which recorded in.strtrnent reference is here macle- for more particular.:;. 6. Any fact-. that a current survey on the ground wc)c;!d reflect. 7. The records disclose the followinc, against partits with the saine, or similar names as vesree.; inquiry should be made to establish the- identity of said parties. (a) Lien for unsecured personal property taxes. County: Santa Clara Against: Barnes, L. E.- Assessment No: 12601 Year: 1959 Amount: $23.93 Recorded: June 28, 1977 in Book C954, page 594 of Official Records NOTE: (A) The only conveyances affecting said land recorded within six rontlis prior to the date of this report are as follows: NONE. LF',GAL DESCRIPTION: See EXHIBIT "A-1" attached LENDERS SUPPLMENTAL REPMT: Any facts, rights, easements, interest or claims which are not shorn by the public records but which could be. ascertained by making inquiry of persons in possession of said land and disclosed by a physical inspection thereof. -820D EXHIBIT p' o-�crt_,Y situatted Jr, i,.,­.jnty of SKI ntn Clara, State of- Ca f 011 AIT of Lot- 15, Section 27, T. 8 S. R. 1 W. M.D.M. more particularly described as Bei,, ' �,Tuc, at a 1 1/2 inch iron pips, set at the common corner to Lots 9-10-15-16, Section 27, 8 S. , 1`_ I W. , M.D.M. the ice S. 2' 34' 34" W. 1386.63 feet along the line. between Lots 15-16, to .1 1 1/2 inch izon pi-pp, set at the corner to Lots 15-16 and the Section line between, Section 27 and 31r, T. 3 S. R. 1 W. , M.D.M. ,; tl­.ance S. 88' 59' 52" W., 1385.82 feet along said Section line to the 1/4 Section corn,-_>,r- tr,-­ found; t0enc-,. N. 3' CJ` 44" E., 1424.28 feet to a 1 1/2 inch iron pipe- set at the corner to Lots thence S. *89' 2Z;' 13" E., 1369.84 feet to the place of beginning. Containing 44.386 acres, more or less, as surveyed in August 1963 by Thomas Riley, Lend Sur-veyor. * PARCE,L TWO A rig jit-of-way 50 -feet wide, across portions of lots 9 and 1.6, Section 27 , T. 8 S. R. I if. IM. 7,.11. for inv s, egress and utili ty and waterlines,_,rlines, both h,_t centerline of -�,;h*cb is described as follows: and overh,-gad, t Be411iim:lug at a I inch iron pipe in the West line of that certain 5 acre parcel- of lay-;;' grante3 by deed from Robert J. Pouey to Frederick Koetter, et ux, Atu-ust 29, 19-'-17 in Bool. 3879 of Official Records, at pqe 241, which pipe is N. 8' 28 ' IT' 111. 702.11- feet and N. 10 58' 30" E. 403.53 feet from the Southeast corner of Lot 9, Suction 27, T. 8 S. R. I W. , M.D.1-1. ; thence across Lot 9, S. 70* 19' 25" W. , 69.72 feet to a I inch iron pipr2t; thence S. 37* 50' 00" W. 187 .17 feet- to a I inch iron pipe; thence S. 42' 27 ' 20" W. 125.96 feet to a I inch iron pipe; thence S. 30' 01' 10" W. 157.08 feet to a point on the line between Lots 9-16; thence across Lot 16 S. 30o 011 10" W. 259.68 feet to a 1 inch -iron pipe; the-ice, S. 71' 56' 55" W. 213.83 feet to a 1 inch iron pipe; th�­.ice S. 85* 06' 35" W. 17.70 feet to a I inch iron pipe on the line between Lots 16-1-5. The s:7,?elines of said right-of-way to be extended or shortened to intersect the Eastlina of said Lot 15. Subject: however, to the right of the owner of land adjacent to the parcel hereinafter referred to a.c; "Parcel Three" to re-route the afore Bald right of way over hi.,; lands an,d over tlie. said "Parcel Three" so long as such re-routing does not interfere with the product .on and delivery of water from the said "Parcel Three". An un-livided 307, interest in and to the following described real- property situate(I in cl the County of Santa Clara, State of California, more particularly described as follows: Beginning at the Southeast corner of Lot 9, Section 27, T. 8 S. R I W., M.D.M; thence N. 89c' 28' 13" W. 702.11 feet to a 1 inch iron pipe set at the Southwesterly 1-8200 EXHIBIT "A-1" Page 2 coi:11er of that- certain parcel of j_.and granted by deccl froi--i to K Frerlerick Koetter, etux recorded August 29, 1957 in B,',_)' 3"79 of at page 241, and the true place of beginning; thence N. 10 58' 30" E. 200.00 feet along the Westerly line of Ko2tter to aa I inch iror', pipe; thence 17. 89' 28' 13" W. 140.00 feet; thence in a direct line Southwester'.y to a point which bears S. 89' 28' 13" E. 2r,,0.00 feet fro':n the point of beginning; thence S. 89* 28' 13" E. 260.00 feet to the place of begginninl­- Col:.-,,,'-aining 0.913 acres, more or less. 1`3 is <ntcd with the express limitation t1rat all water ri.ghts ac-,cruinf," to _gran;-ee1 hercunder shall be used exclusively for the benefit of Parcel 0,G­zt hereinabovt-- And subject further to the express condition and requirement that at stich time as any t other owner of an undivided interest in this parcel a building, site ipp -,:val_ for lar,,J which wa<:.A-_,r from this pa is designated to benefit , which said buildi-a,, s.7te approval is con t..fLng,en t upon sec,-1-1-ing an adequate sourcs� of water, then upon demand from such other c-4-ter, -L-ranted herein or his successors shall be required to slla-'Cc t'he costs of iinprovil-i, the well. this parcel to the extent racluired for sat lsfyinr, the said contiTTgency for .securing .-a aclequate source of water; such cost to be I)oj-nE, by � - granted herein cl, his successe--, in proportion to his interest in this parc Any violation of th� foreforegoing, con:ii'_ions or linitations -.:`)all caus,,,: the inters of gr;int ,­- n or his successors -.;In this parcel to terminate and to i=recliately vest iretlif> ot: th a OW11-Lers of undi"-"Oed interests in this prircel pro-rate in proportion to, ili,', uad-iv;Af� I -it thi- provision shall not rez:ai.p. provided, however,,inter(-sLs of s .,zh other owner; pro in effect after August 15, 1978. PARMI'L FOUR A non-exclusive right--of-way 20 feet wide, for ingress and egress and utility and wat,--r- line s, both underground and overhead, the East side line of whi-ch is deScril)ed as follows: Beginning at a 1 inch iron pipe at the Northeast corner of the above described Parcel Three; thence N. 1* 53' 30" E. 222.93 feet along the West line of Koetter to a 1. inclii iron pipe at the centerline of a 50 foot right-of-way. Togother with these certain casements contained in the Deed from Earl C. Popp and helell -ivf rd, his wife, dat-r, A. Popp, his wife, to William D. Crawford and Beverly II. Crawford, April 23, 1957 and recorded May 14, 1957 in Book 3797 of Official Records, page C74, Record�,.,r's File No. 1339293, as follows: 14 -e of and eg -s, for the instal A non-exclusive right of way for the purpose _,res lation and maintenance of public utilities, over a strip of land 30 feet wide, the_ ce-n-c—_ line of which is described as follows: Beginning at a point in the West ii- ost boundary line of that certain 5.50 acre tract of land described in the Deed from Earl C. Popp, et ux, to the United States of AMP ica, dated Deccatber 22, 1954, recorded February 8, 1955 in Boo!c 3080 of Official Records, o l page 399, Santa Clara County Records; said point of beginning being North 71.06 feet 1.XIIIBIT 'Vi—l" Page 3 f.ro,-.t tlic, Soulthu,=st corner of tlt, S-,Iid _5_50 acre trc­ct; oleic:::oleic::: from saidk 'M''T OF North 63' 27' West 64.78 feet; South 66' 20, Wesz_- 141-63 feet to tb POINT OF 1,�EGINNING; thF xc_e frorri said T!�_U" P01"N'T OF BEGINNING North 790 23' West: 225.76 feet; North 61" 49' Ues,­' 124.10 feet; North MD' 35' West 269.21 feet; North 0' 56' West 86.38 feet-; North 38,` 24' Last 92.37 feet; South 82' 25' East 229.47 feet; South 69' 52' East 10k).76 feet; Noc:Lh 22' 57' East 122.50 fee,-; North 0' 50' West 103.75 feet; North 23' 17 , We,_-'t 170.28, fr�et; North 62c' 1.71 West feet; North 681' 43' West 56.51 feet; North 8/4' 071 .51.11 feet; North 70' 29' Vest 62.76 feet; South 83' West 30.99 feet; North */00 31' 14-:;t 39.30 feet; North 57' 06' West 49.24 feet; North 38' 09' West 54-62 feet; North 23' 11;' West feet and NorLli 35' 33' West 98.51 to the poiitt of said cez4"_er Itite of Blackberry 11ill, Road with that approximate ceatr�rline of a road known as Mii:eval Road (foriiierly known as Old iici Road) , thence rujaning, along tha said appro,- .-,=ate center line of Mireval Road North 63* West 82.92 feet and North 74' 42' Wc�;t 133.50 feet, more or less to the Westerly line of the parcel. of land described as Parcel. No. 1 in the Dee-1 from Abbie M. Coykendall, also kno�,,n ns Abgie! 111. Goykendall to Lillian Morris, dated Novera')&r 24, 1937 and recorded Decer.!)er 16, 1937 in Book 854 of Official Records, page 346. (B", A r7,­,1,i1'---of­way for the purposE� of ingress and egress and for tbE- installation and ViZt� I-Lte-,*!,-1_,Ce C,r Pttbllrc utilities over a strip of land 50 feet wide, the TRUE POINT OF BUSINNING of ri(;ht-of-way zb==3ing located in the approxiinate center of Blackbc>rr Y Hill Road and said BEGINNINIG P beirl" loc'-'L.ed by -r_i,-_asur1n'-- from a point in the West nc_,_t boiinc'Iary line of that cort - 5.50 acre tract of lane' described in the Deed fro-,I Eacl G. Po-pp, et to the, Uni,1­_­! SU-ites of A-m- erica, datcl December 22, 1954, recorded Febrt,ary 8, 1955 in Book 30S0 o_f Official Records, png_,e 399, Santa Clara County Records; s 'd p h aid ;joint t bf7!-7.:­ Forth 71.06 feet- from the Southwest: corner of said 5.50 acre tract; t I ne n c:c, from said FoJ.Lit 64.78 feet North 630 ;J' West; vic,L-1z7;urJnc,, 1-41.03 fe`t: South 66' 20' West to said bECIN-NING POINT; thence Southeasterly from staid POINT OF following a Meander.iill, Course alone, thc� existin- Road to PopT) 5, water tank but passing Northerly of said Water tanIr the meandering course of the newly T�ul_ldo7cj road, and crosf;ing the 17 or th fo.-',_ LiT-­1­.*!,JJn G-ook nett:- a large rock forc,iat-iou; t1i,.,nce continuing, to follow the, newly bull_do.-cd road Southeasterly up the hill, a nn,21 ­wjtch;i,,,,' back first Nor tln.­v.sterl.y ctnd then again Southeasterly to a point on the South boundary of said Popp's laTids. (C) Also together with a right-of-way for inc-ress aivl egress and the installation al-L':l c maintenance of public utilities over that portion of the existing, Blackberry Hill Road. (D) Also together with and appurtenant to the premises bereinabove firstly described, <a. nor ~elusive right of way for ingre�;�: and egress and for the installation and main- w i tenat of public utilities ovor a strip of land 30 feet ride, the center line of which is described as follows: Beginning at a 3/4 inch pipe- set on the. South line of that certain tract of land conveyed- by Earl C. Popp, et ux, to Effie Walton, as recorded in Volume 1726 of Official Re�corcl�;, page 336, at the most Easterly corner of that certain 1.392 acre tract of land dcscrillz�',l in that certain Deed of Trust executed by Glen Goodwin, et ux, and dated October 15, 1933 a-,�l recorded October 23, 1953 in Book 2745 of Official Records, page 225, said POL',-'T OF MGINNINC also being the Northwesterly corner of the tract of land herc�inabove firstly described; thence aloa,,, the Westerly line of said tract of land hereinabove firstly described; XHIT "A'MI Page 4 --IICM;� tile I'le-Sterly linc of saicl tract of land fir-,;tly descri )211 the folly, as courses and di ac stnes: S. 42' 33' E. 68.02 feet, S. 27" 28' E. 37.04 feet, S. 22' ()'1' E. 72.13 feet, S. 70 541 E. 94.79 feet, and S. 14' 25' W. 153.84 feet to K_,n iron pipe. (E) An ease_mr-nt for electrical transmission purposes from Blackberry Hill Road South to an e-xistir-.1 electrical p =rter pole that is West of thEi west line of that certain 5.50 ac:ce pirccl o_ th�� United SL­ate,; of America; together Trith Cie -right to use, upoa J approval by P.G. & E., and attachecl to for electrical trans =iJszon purposes the cxistin-", power line on said pole Alsc', those certain 50 foot easer',,Pats reser-red iii the De-ed from I,,Tilliam D. Craw-ford, et tL<, to P.-tricia L. !'(-.)pp, a sioelo, womlaiL, dated April 25, 1957 and recorded May 14, 1957 in i;Dol- 3797 of Official Records, page 633, conveying 9.47 acre tract above excepted, as follows: RESEaVI!'I-G TO TIIF 'C"I'ANTORS an uao't)strticted fifty foot easement for ingre�>s and egress I and for" 11.i­ in!,;tallatiort and of public utilities ov<:r' tho course of the e.-isting rr.,,!d pass­.-i � on and over a portion of the 9.47 acre parcel iii Lot 9, Section 27, To-,,-nsfiip 8 South, Range I WEist, M.D.B. & M. , ALSO RI_E'S]I?,',._:Vlri_ TO TIM GRANTOR in unobs-trucLed fifty foot casc­,nenv. for a road -not yel- construCt-Od for ingress and and for the installation and r"aintenancr- of public: utilities over the follocaing Course: Beginning Lt. a poirat in tl:-_ ex:7 =g road passing on and ovc_,r a portion of (9.47 ac,-. t 1_1 TI g -parcel in Lot 9 in Section 27, To,�_i�,hip 8 South, Ran C 1. Wof ­ild parcel rt;'!, then,2,e to the 'F:asterly boundary lino. The e�zact description of E;a:Id rid-I!t of wa% shall be loc�_,'ced with the consent of t'I'la, grantee, b(,r heirs and assiUrns. Ali.o those certain 50 foot r::sergyred in the D(-c,,d froTi Williari D. Crawford, et ux, t'o I\'(A)ert J. Pouey, dated April 23, 1957 and recordecl ITay 114, 1957 in 1>oc)'K 37',Q or Offic_ial Rccords, page 6SI'_5, conveying 5.00 acre tract above excepted rts follows: TO THE GRNNTOR an unobstructed fifty foot easefiorot for ingress and egress an,! for the installation and maintenaiici� of public utilities over the exist:71nc, road ovor a portion of the 5.0"' acre parcel in Lot 9 Section 27, Township 8 South, Range I West, MI.D.B. & M. ALSO RESERVING TO THE GRPuNTOR art unobstructed :Fifty foot easement for ingress and e-ress and for the installation and maintenance of public utilities for a road not yet co-jstrj,cte,: over a portion of the 5 acre parcel in Lot 9, Section 27, Town-ship 8 South, RiRE,,e I 1"Test, said p,- M.D.B. & M. , from the Westerly boundary line of s, d -ircel to the. Easterly boundary line. (WE NOTE BUT DO NCT INSURIL] THE FOLLOWING) (F) A right of way 10 feet wido. over parcel of land conveyed by Henry E. McBride and Ceo gia M. McBride, his wife, to Dr. F.A.A. Belinge, by Deed dated Juno 25, 1885 and recorded June 25, 1885 in Vol. 79 of Deeds, page 526. (G) A right of way for road purposes over a portion of the Davis and Cowell Tract, rore part i—ilarly described in a cicxtain Deed from Isaac E. Davis and Henry Cowell to A. P�i_chdrdsor,, dated October 22, 1886 and recorded April 25, 1889 in Vol. 117 of Deeds, p-3 J; record s of said County. -8200 ZXHIBIT "A-l'' Page 5 Q A Tight of way over laAs now or formerly of Y2te Vripjit in Lot 3, ofSection 22, Tcjriasli.'f-p 8 South 1,a-ny,e I Vkst, ILD.B. & M. , being the sama rig h-e of way co-,ivcye,!I by Charles S. Might and Kate Wright, his wife, to G. W. Fletcher, by Deed dated October 4, 1892 and recorded October 6, 1892 in Vol. 153 of Deeds, page 12. (1) A right of way reserved in the Deed from F. A Myer: and Edith 0. Myers, his wife, to I!a---y 'F. PcLngrose and James Ringrose, dated Deceober 30, 1925 and recorded Jauuar� 7, 1926 in Vol. 203 of Official Records, page 183. ` 1 140TICE ►�.. , THIS MAP MAY OR MAY NOT BE A SURyEY Of T!IE•LANO pE. —' 1 PICTEb 1':�C"."1. !T !S NOT TO BE cv LCS:i oil L�"'; ! T r '' 'rt'Y r•$ t'1i;i ';C L!t9!!ITY FOR r•GE ,ES LT; ;C F'Rv'1! o'!.;ANCE ttlE!, I ,. ,�..._.F�^ �° ./�Q �•^moo^r� ,r '• ' S� r:�� R'• I ' /7 r" ...• ,. , `IMi. ` r i r I. _ g + - 1 r A. SCAl_r. :. h!3 . 1 PARCcL ! I ;j,c r� i a 1 I7 M-8 0-78 (Meeting 80-25 November 12, 1980) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMOPUANDUM, November 6, 1980 TO: Board of Directors FROM: H. Grench, General Vlanager SUBJECT: Scheduling of Second Meeting in November The second Regular Meeting in November falls on November 26 , the day before Thanksgiving. Each year you consider whether to have a second meeting in November, since a meeting on the night before Thanksgiving may conflict with some people ' s holiday plans, and may be inconvenient for public attendance. Since there is no known business which could not be deferred until December 10, it is recommended that you cancel the Regular Meeting. In the event it is necessary to have a Special Meeting in November, I suggest that you discuss a possible alternative date on 'November 12 . M-80-83 (Meeting 80-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Novanber 12 , 1980) MEMORANDUM November 6 , 1980 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: S. Sessions, Land Manager SUBJECT: Appointment of Peace Officer Introduction : At your meeting of January 14 , 1976 , you accepted the recommendation that District rangers be appointed as limited status peace officers as outlined under Section 830. 3 (1) of the Penal Code of the State of California (refer to Land Manager' s report R-76-2 , dated January 7 , 1976) . Joan Ferguson, the District' s new ranger, has completed the neces- sary courses required under the Penal Code. This course completion and the passage of the attached resolution will qualify her as a peace officer. Recommendation: It is recommended that the Board of Directors adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing a Peace Officer, which will appoint Joan Ferguson as a peace officer pursuant to Section 830.3 (1) of the Penal Code of the State of California. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830. 3 (1) of the Penal Code of the State of California and under Sections 5558 and 5561 of the Public Resources Code of the State of California, to enforce the Regulatory Ordinance for Use of Midpeninsula Regional open Space District lands and any applicable federal, State and local laws. Joan E. Ferguson R-80-62 (November 12 , 1980 Meeting 80-25) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 4, 1980 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Recap of Legislative Program for 1980 Introduction: On December 12 , 1979 you adopted a Legislative Program for 1980 (see memoranda M-79-148 of November 23, 1979 and M-79-156 of December 5, 1979) . You received subsequent informational and written status reports and adopted revised positions on bills or positions on additional bills (see, for example, memorandum M-80-17 of February 21, 1980 and the minutes of your March 12 meeting) . Your Legislative Committee, consisting of Directors Bishop and Hanko, advised you on the stance you should take on this legislation. Process: On July 25, 1979 you adopted Policies for Handling Legis- lative Matters. These Policies set the framework for the Board, Committee, and administrative process in dealing with legislation. Legislation of potential interest comes to the attention of the District in a variety of ways; for example, through referrals from the District' s Legislative Consultant in Sacramento (Mr. Beckus of California Advocates) , through the California Park and Recreation Society newsletter and Legislative Action Bulletin, through the League of California Cities Legislative Bulletin, through environ- mental organization newsletters, and by word of mouth from various persons. Because we have been interested in following many bills - many more than those on which you took formal positions - we were placed by Mr. Beckus on the California Special Districts Association mailing list for their Legislative Summary and Status Report, which is sent out on a monthly basis. Attached is the September 1980 Report (the wrap-up for 1980) . The summaries are as given in the original versions of the bills; some of these have been changed as the content of some bills was altered. Of the 145 bills listed in the September Report, about 80 had some relevance to the District' s activities. In the spring of 1980 , the District began receiving copies of most of the bills on the list, as well as others requested, as these bills went through various stages of the legislative process. I read (or scanned) these bills and referred approximately 40 of them to Legal Counsel for analysis and response or simply for his information. R-80-62 Page two District Positions : An attached table summarizes the final status for bills on which you took positions. A number of the bills, some of which were doomed to failure before you took positions, were carry-overs from the 1979 session. The table below shows the District' s scorecard for bills on which you took positions and adopted action categories. Fraction of Time Bills Went District' s Way Action Cate or Score - A 2/2 B 4/4 C 3/9 D 4/5 The MROSD-originated bills, SB 1550 and AB 3299, and AB 990, which was amended at the District' s request, all became law. I am not aware of any bills that passed that were seriously harmful to the District' s interests. Conclusion: I feel that the District was very successful in its Legislative Program during the 1979-1980 session of the Legislature. Moreover, the process was smooth, with lines of responsibility very functional and without an inordinate expenditure of time or money. Bob Beckus is planning to attend a Board meeting, probably December 10, to give his wrap-up for 1980 and prognostications for what the Legislature will be doing in 1981. I will ask the Legislative Committee to meet in the near future in order to recommend the initial Legislative Program for the 1980-1981 sessions. Staff has been compiling ideas for the new Program. The Committee will also be considering a recommendation regarding ex- tension of the Legislative Consultant' s contract into 1981. BILLS ON WHICH BOARD TOOK POSITIONS Page One 11/3J80 Support/ Action Became Law/ Oppose/ Category Failed Bill (Author) Description No Position Comments SB 4 (Rains) Returnable cans and bottles S C F SB 114 (Beverly) Construction contract indemnification NP D F S 60 (Nimmo) Tree removal in Coastal Zone NP D F SB 236 (Johnson) Repeal of surplus land law for parks 0 C F SB 245 (Nejedly) Developers in-lieu fees could be used S C F for maintenance and operations SB 246 (Nejedly) Limiting fees to cost of services NP D BL SB 261 (Nejedly) Changes in Litter Control Act NP D BL SB 294 (Roberti) Mobile recreational services programs NP D F SB 462 (Dills) Compensation for billboard removal 0 D F SB 547 (Nejedly) Put Prop. 1 on June, 1980 ballot S B BL SB 664 (Nielsen) Swamp and tidelands title NP B F Opposed as originally written SB 888 (Roberti) Mandatory binding arbitration NP D F SB 1243 (Nimmo) Compensation for downzoning 0 D F BILLS ON WHICH BOARD TOOK POSITIONS Page Two Support/ Action Became Law/ Oppose/ Category Failed Bill (Author) Description No Position Comments SB 1352 (Marks) Prop. 4 implementation NP D BL, SB 1389 (Craven) Prop. 4 implementation NP D BL S 1426 (Rodda) Tidelands oil revenues for parks NP B F Support if amended - wasn't SB 1550 (Dills) Edgewood sale clean-up S A BL MROSD initiated. ii SB 1969 (Petris) EPBPD-initiated changes in board NP -- BI, Sought amendment but didn't compensation succeed AB 170 (Chappie) Require LAFCO to appoint special S C F district representative AB 287 (Knox) Local agencies: reorganization NP D F Obtained amendment AB 301 (Mori) Reallocation of sales tax S C F Ab )29 (Hannigan) Raises maximum bond interest rate to S C BL 10% AB 376 (Bannai) Reallocation of sales tax S C F AB 469 (Robinson) Permit financial audit of local NP D BL agencies AB 545 (Mori) Liberalization of charitable deductions S D F tax law AB 859 (Naylor) Disposal of surplus school sites for S D BL parks BILLS ON WHICII BOARD TOOK POSITIONS Page Three Support/ Action Became Law/ Oppose/ Category Failed Bill (Author) Description No Position Comments AB 990 (Kapiloff) State park system projects S A BL Obtained amendment for Bear Creek Redwoods AB 1032 (Kapiloff) $300 million for state and local park S C F system proiects P 791 (Leonard) Possession of alcoholic beverages S C BL Obtained amendment AB 1930 (Naylor) Compensation for downzoning 0 D F AB 2212 (Knox) Allocation of taxes for jurisdictional NP D F changes AB 2314 (Knox) EBRPD-initiated increase of maximum S B BL Obtained amendment borrowing for revenue producing uses AB 2345 (Chappie) Enable districts to levy special taxes S B BL with 2/3 vote of electorate AB 2565 (Kapiloff) Tidelands oil revenues for parks S B F* *AB 2973 (Vasconcellos) was sub- stituted for AB 2565 and passed AB 2938 (Harris) District review of subdivision and S F EBRPD initiated zoning proposals AB 3299 (Knox) Misc. changes to Public Resources Code S B BL MROSD initiated relating to regional park districts Park Executive Bldg.,925 l Street,Suite 380,Sacramento,CA 95814(916)441-5050 September 1980 LEGISLATIVE SUMMARY AND STATUS REPORT CALIFORNIA SPECIAL DISTRICTS ASSOCIATION SENATE BILLS Bill No. & Author Summar Status SB 17 Property Taxation: assessments Approved by Governor Holmdahl Chapter 49 SB 31 Special districts: allocation of state funds Approved by Governor Nejedly Chapter 12 SB 85 . Sales and use tax exemption: water To Governer ,�5 Nejedly t1 SB 90 State-mandated local programs--claims costs �aS(o Russell SB 99 Irrigation district assessments Approved by Governor Zenovich Chapter 312 SB 110 Special meetings: notice Approved by Governor Johnson Chapter 223 SB 131 Local agency fees Assm. Local Gov't Holmdahl Held w/o recomm. SB 162 Increases death benefit (PERS) from $500 to $600 Approved by Governor Alquist Chapter 799 SB 165 Commission on state finance Approved by Governor Mills Chapter 1162 SB 174 Urban open-space and recreation program —COSPONSOR Approved by Governor Roberti Chapter 1166 SB 178 Domestic water supply systems Approved by Governor Zenovich Chapter 389 SB 180 Local agencies: state funding Approved by Governor Marks Chapter 801 SB 186 Government agencies: state funding Approved by Governor Rodda Chapter 1035 SB 189 Local government--emergency loan fund Approved by Governor Craven Chapter 7 SB 200 Peripheral Canal Approved by Governor Ayala Chapter 632 Bill No. & Author Summary Status SB 232 Community services district Approved by Governor Craven Chapter 157 SB 246 Local agency zees and-charges ZQ Marks SB 280 District elections: initiative petitions Approved by Governor .Petris Chapter 507 SB 285 Local agency investments Approved by Governor Beverly Chapter 158 SB 353 Jt. Legislative Budget Committee--Local Agency Approved by Governor Vuich Review Chapter 324 SB 382 Pest abatement - SPONSOR Approved by Governor Vuich Chapter 78 SB 439 Special tax--community services districts: fire Died on inactive file Nejedly protection districts SB 447 Municipal utility districts: special election Approved by Governor Holmdahl Chapter 1088 SB 467 Local public employer-employee relations Failed passage Greene SB 493 Municipal utility districts: revenue bonds Approved by Governor Holmdahl Chapter 399 SB 509 State and local government: funding Approved by Governor Nejedly Chapter 225 SB 547 Parklands and renewable resources: bond issue Approved by Governor Nejedly COSPONSORS Chapter 9 SB 664 Swamp & tidelands--state sales Nielsen SB 707 Local agencies--financial reports Approved by Governor Marks Chapter 647 SB 858 Local Government Employee Relations Act Failed passage Smith SB 872 Local agencies: taxation Approved by Governor Schmitz Chapter 450 SB 890 Water quality control Approved by Governor Presley Chapter 721 SB 1016 S~- � :��c-;_'—T reirrct�ursment_to-local Approved by Governor Rodda entitie�q- f°�gx,, Chapter 1202 -2- CSDA 9110180 Bill No. & Author Summary Status SB 1042 Water use: appropri.ative rights Approved by Governor Vuich Chapter 1112 SB 1080 Municipal utility district indebtedness Approved by Governor k Rodda Chapter 1117 SB 1087 Garbage and refuse disposal: fees and charges Approved by Governor Dills Chapter 164 SB 1161 Fire protection districts: special taxes Approved by Governor Holmdahl Chapter 832 ell SB 1292 Public water systems Ge M. Garcia SB 1320 West Los Angeles County Resource Conservation Robbins District SB 1346 Implementation of Prop. 8 (1978) Failed passage M. Garcia SB 1352 State and local government; Prop. 4 (1979) Marks SB 1361 Waste treatment management plan: silviculture Failed passage Nejedly SB 1366 Pooled Money Investment Board I M. Garcia SB 1389 Expenditure limitations; proceeds of taxes Approved by Governor Craven Chapter 516 SB 1400 Local agencies; limitations on legislative Failed passage Carpenter activities SB 1438 State and local government - Prop. 4 (1979) Failed passage Holmdahl implementation SB 1442 Parklands and Renewable Resources Investment Failed passage Nejedly Program SB 1446 Parks and recreation: local assistance grantsa� Nejedly SB 1465 Water quality penalties; waste discharge reports Approved by Governor Garamendi Chapter 807 SB 1466 Water quality filing fee Approved by Governor Garamendi Chapter 656 SB 1495 Expenditure limitations: local government Approved by Governor Vuich Chapter 220 -3- CSDA 9110180• Bill No. & Author Summary Status BB 1537 Fees, service charges and special taxes Failed passage Alquist SB 1550 State lands; mineral rights - SPONSOR Approved by Governor Dills Chapter 82 SB 1554 Health care review Approved by Governor Garamendi Chapter 524 SB 1561 Water quality: civil liability Failed passage Nejedly SB 1584 Property tax: .indebtedness--local agencies Failed passage M. Garcia SB 1594 Fiscal affairs: state and local government M. Garcia SB 1627 C � c �,��c� ��y�l�t'�, „� ,,,,s,,:age dj'io.lS Keene SB 1685 Water Rights: reversion "LO Vui ch SB 1850 Open and public meetings TO nnVQ-� ' Keene SB 1871 Cities, counties, special districts: organization, Failed passage Rains reorganization SB 1969 Regional park district boards: compensation Approved by Governor Petris Chapter 461 SB 1972 Expenditure limitations: redevelopment tax - Ck' /3` 2-- Campbell increment financing SB 2025 Fees -charges:-special—taxes- pab Holmdahl 7 k-a� SB 2041 Appropriation: unspecified claims against state Alquist COSPONSOR SCA 1 Local government tax revenues--requires return of Failed passage Smi th excess SCA 3 Public funds--local government limitation on e . Rains expenditure & SCA 5 Public funds; deposit, credit unions Failed passage Dills SCA 6 Limitation of governmental appropriations Failed passage Wilson -4- CSDA 9110180 Bill No. & Author Summary Status SCA 8 Limitation on governmental revenues Failed passage Garamendi SCA 26 Property tax limitation Adopted Cr aven Chapter 43 SCR 14 Tax limitation study Failed passage Marks SCR 83 Special district retirement obligations Failed passage Russell ASSEMBLY BILLS AB 39 District elections: population of 4 million & over Failed passage Bane AB 90 Local government: ordinances & resolutions: publica- Approved by Governor Imbrecht tion and posting Chapter 348 AB 287 Local agencies; reorganization Failed passage Knox AB 329 Bond interest rates: Approved by Governor Hannigan Chapter 19 AB 420 Second Validating Act of 1979 Approved by Governor Chappie Chapter 383 AB 479 Municipal annexation Failed passage Ryan AB 734 Local agencies--deposit of funds: administration �a Bane AB 807 Local agencies--state funding To C'k io1� Goggin AB 990 Natural resources projects: parks and recreation - Approved by Governor Kapiloff COSPONSOR Chapter 809 AB 1147 Water use r �'�' 133 Filante AB 1209 Agricultural water conservation study Failed passage Gage AB 1791 Alcoholic beverages: possession - COSPONSOR Approved by Governor Leonard Chapter 255 AB 1951 Cities: force account; competitive bidding Failed passage Mello -5- CSDA 9110180 + Bill No. & Author Summary Status AB 2000 Sewage solids: size reduction Failed passage Fenton AB 2028 Public employees: right to strike Interim study Nolan AB 2033 Local elections: public examination Approved by Governor Gage Chapter 710 AB 2066 Police protection & fire prevention & protection: Approved by Governor Filante special tax Chapter 88 AB 2096 Municipal utility districts: water storage Failed passage Boatwright AB 2133 Otay Municipal Water District--increase interest Approved by Governor Deddeh rates - .SPONSOR Chapter 274 AB 2134 Sanitary districts: board member compensation Approved by Governor Knox Chapter 269 AB 2146 Claims against public entities Approved by Governor McAlister Chapter 215 AB 2147 Environmental quality: negative declarations Approved by Governor Nestande Chapter 131 AB 2154 Cemeteries Became law w/o Gov.sig. Felando Chapter 161 AB 2162 Local agencies: employee benefits Approved by Governor Thurman Chapter 129 AB 2170 Water districts Approved by Governor Chappie Chapter 397 AB 2204 Municipal utility district employees--probationary Approved by Governor Moorhead Chapter 84 AB 2212 Local agencies: property tax revenue transfers Failed passage Knox AB 2221 Water production assessments: Upper Santa Ana Interim study Leonard River - SPONSOR AB 2254 Establishes state tax court Failed passage Knox AB 2256 Counties: loans to special districts Approved by Governor Mello Chapter 142 AB 2297 Local agencies: mutual service agreements Approved by Governor Lancaster Chapter 398 -6- CSDA 9110180 y., Bill No. & Author Summary Status AB 2312 Public meetings: executive session: reporting Approved by Governor Wray requirements Chapter 181 AB 2314 Regional park district: borrowing Approved by Governor Knox Chapter 306 AB 2345 Districts - special taxes - COSPONSOR Approved by Governor Chappie Chapter 672 AB 2396 Corrections: site disposition & acquisition - Failed passage Deddeh SPONSOR AB 2404 Ground water contamination grants Approved by Governor Lehman Chapter 252 AB 2407 Public drinking water tJ, t0/5' Tanner AB 2472 Fire protection: water charges Failed passage Chappie AB 2474 Local agencies: public meetings: attorney consul- Died on inactive file Mello tations AB 2493 Public works: contractors` bonds -Approved-by Governor Stirling Chapter 293 F AB 2543 District elections: boundary changes Failed passage Mello AB 2549 Municipal water utilities: jurisdiction Died on inactive file Wyman AB 2560 Cemetery districts: special taxes Failed passage Kelley AB 2590 Fiscal affairs: state and local government Failed passage Boa twri gh t AB 2636 Local governments - lobbying by labor Failed passage M. Waters AB 2760 Water - municipal waste treatment plants , Ca l vo AB 2806 Local agencies: LAFCO`s Costa AB 2823 Water quality: civil liability ? 1 Berman AB 2833 LAFCO - special districts members - SPONSOR Approved by Governor Chappie Chanter 429 -7- CSDA 9110180 I Bi11 No. & Author Summary Status AB 2913 Local government - Napa County Failed passage Gage AB 2938 Regional park or open-space facilities Failed.passage Harris AB 2944 Municipal utility district elections Approved by Governor Harris Chapter 85 AB 2998 Local agencies; organization & reorganization P.A, t132- Knox AB 3210 Joint exercize of powers by public utilities Approved by Governor Calvo Chapter 435 AB 3268 Recreation & park districts - SPONSOR Approved by Governor Chappie Chapter 678 AB 3286 Flood control and lighting districts Failed passage Thurman AB 3299 Relating to park districts - SPONSOR Approved by Governor Knox Chapter 362 AB 3348 Recreation and park districts--regulations and Approved by Governor Moorhead ordinances - -Chapter 335 AB 3392 Water facilities and programs Failed passage Perino r AB 3413 District elections Approved by Governor Mori Chapter 564 AB 3448 Contractors Failed passage Elder ACA 2 Limitations on local government spending Died on inactive file Boatwright ACA 4 Limitations an local government spending a'QQ- ==amp Priolo ACA 9 Limitation on local government appropriations Leonard - ACA 24 Government expenditures--limitations Nestande ACA 56 Charter and general law cities: force account: Refused adoption Mello competitive bidding ACA 90 Water resources development I Adopted, Chapter 49 Kapiloff ACR 15 Endorses initiative constitutional amendment: Failed passage Naylor appropriation limitations -8- CSDA 9/10/80 Bill No. 6 Author Summary Status ACR 79 Initiative constitutional amendment: appropriation Failed passage Mangers limitations ACR 80 Mid-Valley Canal Adopted. Chapter 72 Lehman ACR 118 State park system study Failed passage a Ry n AJR 44 Mid-Valley Canal Failed passage Lehman t -9- CSDA 9110180 1 I Cit) of 10 " Ito CALIFORNIA ''.... DEPARTMENT OF PLANNING 94:301 - '.... AND COMMIJNITY ENVIRONMENT '..... (41'5) 329-2441 October 2 Oc 1, 1980 I Mr. Steven D. Sessions, Land Manager Midpeninsula Regional Open Space District 375 Distel Circle Suite D-1 Los Altos, CA 94022 Subject: Trail System, Montebello Open Space Preserve Dear Steve: At its meeting of October 20, 1980, the Palo Alto City Council approved your application for a site and design review of a trail system for the hbntebello Open Space Preserve. That portion of your application dealing with parking lot construction was withdrawn per your letter of October 6, 1980. Our interaction on this matter has been long, if not entirely fruitful from your standpoint. It was the intent of the City Council that this I association should not end immediately. I would appreciate being kept informed of your San Mateo County application for the alternate parking lot location so that Palo Alto may comment in an official way to the County. E Sincerely, ROBERT M. BROWN Associate Planner i RvIB:jb A TV 0-V MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 October 27, 1980 Mr. Bill Leland President Committee for Green Foothills Peninsula Conservation Center 3353 Park Boulevard Palo Alto, California 94306 Dear Bill and Members of the Board: I'm very pleased to inform you officially that the Board of Directors of the Midpeninsula, Regional Open Space District voted unanimously at our meeting of October 22, 1980 to apply the $6500 grant from the Committee for Green Foothills towards the purchase price of the District' s latest acquisition in the Skyline area. This new 11.6 acre acquisition fronts on Langley Hill Road and is adjacent to the District' s 32. 3 acre Mt. Melville area of the Russian Ridge Open Space Preserve. You' ll be happy to know this property is dedicated open space and will be a major segment in the Skyline trail network. In addition, the Board also requested that this gift be memorialized in an appropriate manner. It is our intent to dedicate a future trail on the property to the individuals, including Morgan Stedman, in whose name donations were made to the Skyline Memorial Fund, and the staff will be contacting you for those names. On behalf of the Board and all the individuals who will enjoy this open space, I want to express again our very deep appreciation for the Committee for Green Foothills grant support. Hopefully, your action will encourage other concerned groups to join and assist our District in the preservation of more open space land. Sincerely, Barbara Green President Board of Directors BG:nl cc: MROSD Board of Directors Herbert A.Grench.General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonefte G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner.Daniel G.Wendin III I Ale 101MV1.k MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 i (415)965-4717 October 27, 1980 k Mrs. Morgan Stedman 1185 Newell Road Palo Alto, California 94301 Dear Mrs. Stedman: The Board of Directors of the Midpeninsula Regional Open Space District decided at our meeting of October 22, 1980 to use the $6500 Skyline Memorial Fund grant from the Committee for Green Foothills to help acquire a parcel of land near the Mt. Melville area of our Russian Ridge Open Space Preserve. This parcel was dedicated as public open space and will be part of a major segment in the Skyline trail network. The Board also directed that the gift be memorialized by dedicating a future trail on the property to Morgan Stedman and the other individuals in whose name donations were made to the Memorial Fund. Since your husband was such an active and well-known environmentalist, the naming of a trail, which will be used and enjoyed by citizens from the entire mid-Peninsula area, would be a very fitting and appro- priate way to honor him. The District' s staff will keep you posted on the trail plans, and we will contact you when the trail is to be officially dedicated. Sincerely, Barbara Green President, Board of Directors BG:nl cc: MROSD Board of Directors it 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 Awl 41 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 November 3, 1980 Mr. Roy E. Lave, Jr. Commissioner Metropolitan Transportation Commission Hotel Claremont Berkeley, California 94705 Dear Roy: On behalf of the Board of Directors of this District, congratulations on your appointment to the Metropolitan Transportation Commission! The Midpeninsula Regional Open Space District is interested in promoting public transportation to park and open space areas (not from forseeable MROSD budgets, of course) . Perhaps you will have an opportunity to address this question at some point. Sincerely, Herb Grench General Manager HG: jg 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,Daniel G Wendin AAg�� A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 October 29, 1980 Mr. Michael Reilly Planner, Acquisition Section State Department of Parks and Recreation P.O. Box 2390 Sacramento, CA 95811 Dear Mr. Reilly: It has come to our attention that the Public Works Board has questioned funding the City of Palo Altos segment of the proposed Bayfront Trail. This agency has acted in a catalytic capacity to facilitate the planning and eventual implementation of a Bayfront Trail. The concept of a multi-purpose trails system connecting baylands from the midpeninsula to the south bay and providing a variety of experiences through public lands under multiple agency owner- ships has been a very high priority with this District. We have recently acquired a 54 acre parcel which will close one of the few remaining gaps on this trails corridor. Although the Midpeninsula Regional Open Space District has not taken a position on the exact alignment of the proposed Bayfront Trail through various jurisdictions, I feel that the proposed Palo Alto trail segment is worthy of your consideration. Sincerely, I Herbert Grench General Manager HG:jc 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 C-80-20 No, '-)er 12,1980 Mek g 80-2A-�6 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Description I1542 $ 465.50 Accountemps Temporary Accounting Personnel 1543 27.24 Bancroft-Whitney Co. Books 1544 188.25 Bay Microfilm,Inc. Office Equipment Maintenance r1545 15.44 Matthew Bender,Inc. Books .546 54 .17 Best Products Office Equipment 547 733.00 Kathy Blackburn Contract Services-November 548 400 .00 California Advocates Legislative Consultant Fee -549 300 .00 Susan Cretekos Patrol Services-October ' 550 75.00 CA Park and Recreation- Subscription Society 1551 82. 12 CA Sign of the Times Private Residence Signs .552 176. 00 Communications Research Radio Equipment Maintenance 4_553 95. 85 The Dark Room Photography Service 554 840.00 FLAME Consultant Services '11555 371 . 00 Herbert Grench NRPA Conference 1556 53. 25 Hatfield Aerial Surveys Aerial Photos 557 134.19 IBM Office Supplies = 558 400 . 00 Jans K. Kroijer Deed of Trust Payment-Fine Property 559 45. 00 Eric Mart Scanner Repair _560 474 .30 Virginia Mickelson Graphic Design 1561 453 . 86 Ben Meadows Co. Field Supplies .562 5. 27 Palo Alto Blueprint Map Duplicating 563 83.01 Peninsula Blueprint Printing and Duplicating -564 90 .10 Redwood Trade Bindery Brochure Printing �1565 13 .91 San Jose Art MROSD Displays 1566 400.00 Skierka and Fischer Land Survey 567 1 .50 State of CA Copying I1568 41. 80 Pat Starrett Private Vehicle Expense 569 45. 00 Lynn Stietzel Docent Training Hike 4.570 200 .74 Xerox Installment Payment 571 219. 13 Xerox Duplicating Supplies 572 106. 50 ZZZ Sanitation Portable Toilets-Los Trancos . C-80-20 - Revised Nr tber 12,1980 Mk ng 80- *2 Amount Name Page 2 Description 1573 $ 80. 82 Norney's Office Supplies 1574 87. 34 Los Altos Stationers Office Supplies 1575 50.60 Charlotte MacDonald Private .Vehicle Expense 1576 36 .60 Bill Upson Private Vehicle Expense 1577 620. 36 Pacific Telephone Telephone Service .578 2.48 Palo .Alto Utilities Utilities 1579 212.13 PG and E Utilities . ''1580 394 .05 MO)Dil District Vehicle Expense 581 666.15 Shell Oil Co. District Vehicle Expense L582 220.60 Hubbard and Johnson Site Maintenance and Repair 1583 . 25.17 Rancho Hardware. Field Supplies . `i584 1;105: 30 Peninsula Oil Co. District Vehicle Expense L585 281.25 Pine Cone Lumber,Inc. Site Maintenance and Repair L586 500.00 Postmaster Postage 587 306.47 Monta Vista Garden Maintenance and Repair-Roads L588 208. 85 Union District Vehicle Expense L589 53.00 Langley Hill Quarry Site Maintenance and Repair �590 151:14 Sears Field Equipment 591 194.6.0 Lawrence Tire Service District Vehicle Expense 1592 31:16 Kragen Auto Supply District Vehicle Expense _593 169 . 40 Los Altos Garbage Garbage Service �594 9.17 Joan Ferguson Training and. Seminars 1595 404 . 70 Anderson Building Supply Maintenance and Repair-Structures 596 74 . 82 Jim Boland Training and Seminars and Field Supplies .597 5.00 Austen's Unifoxms .598 37.22 Excel Pool and Patio,Inc. Field Supplies _599 369.00 Santa Rosa Jr. College Training and Seminars-D. Topley ' 600 50. 37 Santa Clara Color Service District Vehicle -Paint for Trucks _601 250 ,000.00 County Clerk of Santa- Peterson Acquisition Clara m602 75,000 .00 First American Title- Duffy Acquisition Guaranty, Co. _603 87,000. 00 First American Title- Guadalupe Disposal Acquisition Guaranty Co. .604 80,00Qi.00 Title Insurance and Trust Westbay Acquisition 1605 195.40 Steve Sessions Private Vehicle Expense 1606 100, 561. 78 Donald F. Eldridge Principal and Interest Payment 1607 3,566.29 Ross Realty Commission - Burns Property . I ov�mbr 12,1980 Meeting 80-24.95 Page 3 - Revised Amount Name Descri tion '�608 $126,638.22 Alyce Lee Burns Principal and Interest Payment L609 238.45 Petty Cash Private Vehicle Expense,Office Supplies,Meal Conference,Library, Maps,Postage ''_610 500 .00 Allan Lindh Cleanup and. securing of fallen barn at Black Mountain V s