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HomeMy Public PortalAbout19801230 - Agendas Packet - Board of Directors (BOD) - 80-28 Meeting 80-28 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Special Meeting Board of Directors A G E N D A December 30, 1980 375 Distel Circle, D-1 Los Altos, CA (7: 30) ROLL CALL WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS NEW BUSINESS WITH ACTION REQUESTED (7 : 35) 1. Proposed Acquisition of Windy Hill from Peninsula Open Space Trust - H. Grench Resolution 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 (Windy Hill Open Space Preserve - P.O.S.T. Property) (7 :55) 2. Legislative Program for 1981-1982 - H. Grench (8: 25) 3. Renewal of Legislative Consultant' s Contract - H. Grench (8: 35) 4. Formula for Allocating Proposition 1 Park Funds in Santa Clara County - H. Grench Resolution Approving the Priority Plan for Expenditure of Allocation of Funds to the County of Santa Clara for Park, Beach, Recreational and Historical Preservation Purposes (California Parklands Act of 1980) (8: 40) INFORMATIONAL REPORTS CLAIMS (9: 00) EXECUTIVE SESSION - Land Negotiations and Personnel ADJOURNMENT 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 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 NOTICE OF MEETING THORNEWOOD PROPOSALS REVIEW COMMITTEE January 5, 1981 7 :00 P.M. 375 Distel Circle, Suite D-1 Los Altos, CA There will be a meeting of the Thornewood Proposals Review Committee to review lease proposals submitted for the res- toration and use of Thornewood. NOTICE OF MEETING PICCHETTI WINERY COMMITTEE January 7 , 1981 7 :30 P.M. 375 Distel Circle, Suite D-1 Los Altos, CA There will be a meeting of the Picchetti Winery Committee to discuss and review evaluation criteria and lease proposals submitted for the restoration and use of Picchetti. 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 Writ}-n Communication -e-elect Congressman rq ng 80-28 Norm Dec.-.<<ber 30 , 1980 CHAIRPERSON W Robert Morgan TREASURER Grant Shimizu December 12 1980 Ms. Barbara Green, President Board of Directors Midpeninsula Regional Open Space District Suite D-1 375 Distel Circle Los Altos, California 94022 Dear Barbara: Thank you for your kind words of congratulations on my reelection to the U.S. House of Representatives. I deeply appreciate your sincere gesture of friendship and confidence, and I look forward to serving you in the 97th Congress. Again, thank you. Sinc ely yours, NORMAN Y. MINETA Member of Congress NYM/dy/w Mineta for Congress Committee 724 North First Street, San Jose, CA 95112 (408) 297-2088 A copy of our report is filed with the Federal Election Commission and is available for purchase from the Federal Election Comm.,Kkishington,D.C.20463 ®Printed by National Printing,510 N.5th St San Jose.CA 95112 R-80-68 (Meeting 80-28 December 30, 1980) Nb ordir MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 22 , 1980 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, and D. Woods , Open Space Planner SUBJECT: Proposed Acquisition of Windy Hill from Peninsula Open Space Trust Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to acquire the 537 acre holding of Peninsula Open Space Trust (P.O.S .T. ) known as Windy Hill. These lands have been under interim management by the District since March 12 , 1980, when the Board of Directors authorized District staff to patrol the Windy Hill property. As part of that recommendation, all District regulations were extended to the Property except Sections 401.5, 701, 702 , and 703 pertaining to hang-gliding, grazing, harvesting, and commercial filming. In addition, staff was asked to define conditions of the license agreement involving public access and liability. The further work was completed and results presented to the Board on May 7, 1980 (see memorandum M-80-38 of May 7 , 1980) . Staff recognizes this potential acquisition as a major open space addition because of its size, geographic location, and exposure to an important highway. Over the past eight months, District rangers and planning staff have become aware of numerous manage- ment considerations, some of which will have to be carefully evaluated before long term recommendations can be made. These considerations include continuation of existing grazing, eques- trian and hiking trails, connecting easements, the Spring Ridge rest area and parking lot, perimeter fencing, and a patrol route from Alpine Road to Skyline Boulevard. Discussion: A. Description of the Site. The property lies between Skyline Boulevard and Alpine Road some 2 air miles southerly of the District' s Thornewood property. The land is within the Town of Portola Valley. The property has a high point of 1905 feet along Skyline Boulevard, and slopes down to the 800 foot contour along Alpine Road. R-80-68 Page two B. Conformity. This acquisition has been found to be in conformity with the General Plan of the Town of Portola Valley. C. Use and Management. The following recommendations are designed to handle immediate concerns for the protection of the site and visitors. This report will be followed by the preparation of a use and manage- ment plan in accordance with the adopted Land Use and Manage- ment Planning Process (see report R-79-7 , dated February 22 , 1979) . The process will include public participation prior to presenting the plan to the Board for adoption. This pre- sentation would be scheduled in March, 1981 along with the review of the rest of Planning Area III (Russian Ridge Open Space Preserve and Thornewood) . The following are interim use and management recommendations, which for the most part reflect existing uses and management techniques. 1. The Spring Ridge rest area and parking area would be maintained, and perimeter fencing replaced with a hiking stile to restrict motorcycles from entering the picnic grounds. Garbage cans would be removed to discourage large amounts of roadside dumping. A District regulatory sign would be installed at the entrance to this area. 2. Public access would be permitted from neighboring properties and along Skyline Boulevard at designated access points. Visitors entering from neighboring parcels are subject to the control of the property owners while on the private lands. Currently, most use is limited to hiking and picnicking along the Skyline corridor. Boundary plaques should be placed in this area to better identify the limits of the Preserve. Additional public access along a proposed easement con- necting Alpine Road to the Preserve is being planned. The Town of Portola Valley and the adjacent property owner are presently discussing the appropriate alignment of this trail. 3. Existing gates and fencing along Skyline Boulevard should be replaced and repaired. Illegal vehicle access onto the property has been almost unmanageable the past eight months because of the extremely poor condition of the fencing and gates. The estimated cost is $2500. 4. There is currently a cattle grazing agreement in effect which would be continued by the District until the impacts can be sufficiently assessed. The tenant has cattle on two neighboring properties, and payment is divided equally among the three interests. Income is estimated at $75 a month. R-80-68 Page three 5. An unused cistern on a knoll near Skyline Boulevard and the Spring Ridge rest area presents a safety hazard and should be removed and the hole filled in. The estimated cost is $500. D. Dedication. It is recommended that the property be dedicated as open space. E. Name. It is recommended that the property be unofficially known as the Windy Hill Open Space Preserve. F. Terms. The entire 537 acre holding of the Peninsula Open Space Trust is proposed for District acquisition. Since the property was acquired as a gift by P.O.S .T. , the Trust is offering the entire parcel to the District for approximately one-half its fair market value. This type of offering is fairly common among land trusts and foundations that convert their land gifts into revenue by turning the property over to the proper governmental agency for park purposes. The proceeds then renew their land acquisition funds for additional purchases. In this case, the purchase price to the District would be $1,700 ,000 with $1,200,000 in cash at the close of escrow (projected to be around February 1, 1981) and $500 ,000 in 5-year, 8'-% District general obligation notes (as contrasted with notes having the property pledged as security) . Funds for 1980-1981 would be charged against the Opportunity Pur- chases budget category, which would then be overspent by $700,000. The effect would be to use $700,000 of the New Land Purchases budget on this bargain purchase. Since P.O.S.T. is organized and operated to acquire and protect open space lands, the deed would include several stringent deed restrictions, limiting the uses of the property to scenic, recreation, and open space purposes. The final wording for the deed restriction would be worked out with District Legal Counsel, staff, and P.O.S.T. All other aspects of the pur- chase agreement are standard clauses included in most of the District's purchase contracts. Recommendation: It is recommended that the Board adopt the attached 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 Certi- ficate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appro- Friate to Closing of the Transaction (Windy Hill Open Space Preserve O.S.T. property) . It is further recommended that the Board approve the above out- lined interim use and management recommendations, dedicate this land as open space, and adopt the unofficial name of Windy Hill Open Space Preserve. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Nov-ber 10, 1980 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 4 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (Windy Hill Open Space Preserve - P.O.S.T. 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 Peninsula Open Space Trust and the Midpeninsula Regional Open Space District dated December 29, 1980 , a copy of which is attached here to 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 seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is author- ized to expend up to $5 ,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this trans- action. PURCHASE AGREEMENT THIS AGREEMENT, made and entered into this day of 198 , by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, hereinafter referred to as "DISTRICT, " and PENINSULA OPEN SPACE TRUST, a non-profit corporation of California, hereinafter referred to as "TRUST" W I T N E S S E T H WHEREAS, TRUST was organized as a non-profit, public benefit corporation to solicit, receive and hold gifts, legacies, devises and conveyances of real and personal property for public park, conservation and open space purposes, all in a manner complementary to activities of DISTRICT, and WHEREAS, the property, assets, profits and net income of the TRUST are irrevocably dedicated to said purposes and no part of the profits or net income of TRUST shall ever inure to the benefit of any director, officer, or member thereof or to the benefit of any individual, and WHEREAS, TRUST is the owner of certain real property which has natural beauty, open space and recreational value, and ecological significance, and WHEREAS, DISTRICT desires to purchase said property both as open space and as part of the recreational, ecological and aesthetic resources of the Midpeninsula area, and WHEREAS, the current zoning for said property permits the development of thirty-seven residential lots and TRUST desires to create permanent restrictions limiting future uses of said property to open space and low intensity recreation in order to protect the scenic and natural beauty of the Skyline Scenic Corridor, and WHEREAS, TRUST, out of desire to promote the public welfare, and share the natural and scenic beauty of its property with the citizens of the Midpeninsula, is willing to transfer said property to DISTRICT at an amount substantially less than its fair market value and to make a gift of a portion of said property upon the conditions and considerations set forth herein. NOW, therefore, it is mutually understood and agreed as follows : 1. PURCHASED PROPERTY. TRUST agrees to transfer to DISTRICT, and DISTRICT agrees to acquire from TRUST, on the terms and con- ditions contained herein, TRUST' s real property located in the Town of Portola Valley, County of San Mateo, State of California, con- sisting of five hundred thirty seven (537) acres, more or less, and specifically known and described in the property description referred to in the policy of title insurance number SM-267288 , dated December 17 , 1979 from First American Title Insurance Company (San Mateo County) and designated "A" as attached hereto and incorporated herein by this reference; together with all rights, including development rights , appurtenant thereto. 2. PURCHASE PRICE AND PAYMENT. The total purchase price for the aforesaid real property is and shall be the sum of ONE MILLION SEVEN HUNDRED THOUSAND AND N01100 DOLLARS ($1,700,000) , payable at such time as escrow is otherwise prepared to close in the following manner: ONE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($1, 200, 000) in cash, and FIVE HUNDRED THOUSAND AND N01100 DOLLARS ($500,000) in general obligation notes issued by the DISTRICT bearing interest at the rate of eight and one-half percent (8�%) per annum, payable semi-annually, with the principal payable in equal annual installments over a period not to exceed five (5) years, the first installment being payable on February 1, 1982. 3. TITLE AND POSSESSION. Title and possession of the afore- said real property shall be conveyed to DISTRICT at the close of escrow by Grant Deed. DISTRICT acknowledges that title to the aforesaid real property will be subject to the following title exceptions : a. Taxes, if any, for the fiscal year in which the escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Such covenants, conditions, restrictions and reservations presently of record as indicated in said Policy of Title Insurance No. SM-267288 issued by First American Title Insurance Company, which is attached hereto as said Exhibit "A" . C. A restriction contained in the deed to DISTRICT limit- ing uses of the aforesaid real property to scenic, recreational and open space purposes with the exact language to be agreed upon by mutual consent of the parties hereto. d. Such other covenants, conditions, restrictions as may be deemed acceptable by DISTRICT. 2 of 4 I � I I I I i I I � I I � I 4. WAIVER OF STATUTORY COMPENSATION. TRUST and DISTRICT understand and agree that TRUST may be entitled to receive the fair market value of the property described in Exhibit "A, " as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267, and following. TRUST i I acknowledges that it has obtained and familiarized itself with the { applicable Federal Law and California Government Code Sections and further understands that an appraisal has been made of said property that is in excess of the purchase price being paid hereunder. In j said appraisal, said property was valued at its highest and best use which included residential development. Since said property is being transferred subject to substantial restrictions which preclude residential or other commercial development, TRUST believes it is receiving the fair market value for said property, as subject to these substantial restrictions, and hereby waives all existing and/or future rights it may have to the fair market value of said property, appraisals, etc. , as provided by said Federal Law and California Government Code Sections. 5. COSTS. DISTRICT shall pay and satisfy all escrow, re- cording and usual title insurance charges and fees incurred in this transaction. TRUST shall be responsible for all costs incurred in order to deliver marketable title to DISTRICT. 6. COMMISSIONS. There shall be no real estate agent' s com- mission or related costs or fees incurred or paid by either party hereto, in connection with this transaction. 7. ACCEPTANCE AND TERM OF ESCROW. DISTRICT shall have fifteen (15) days from and after the date of execution of this agreement by TRUST to accept and execute this agreement, and during said period this instrument shall constitute an irrevocable offer by TRUST to enter into a contract with DISTRICT on the terms and i conditions set forth herein; in consideration of which DISTRICT has paid and TRUST acknowledges receipt of the sum of Ten and No/100 Dollars ($10. 00) . In the event DISTRICT does not deliver to TRUST a signed copy of this agreement within said fifteen (15) day period, this agreement shall be automatically terminated and of no further force and effect. This transaction shall close on or before February 1, 1981 through an escrow conducted by First American Title Insurance Company, , Y 555 Marshall Street Redwood City, California 94064. 3 of 4 8. The provisions hereof shall accrue to the benefit of and bind the respective successors and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST SPACE DISTRICT APPROVED AS TO FORM: By: Stanley Norton, Legal Counsel Robert R. Augsburger Executive Director ACCEPTED FOR APPROVAL: Dated: L. Craig Britton Land Acquisition Manager RECOMMENDED FOR APPROVAL: Herbert A. Grench General Manager APPROVED AND ACCEPTED: President Board of Directors ATTEST: District Clerk Dated: 4 of 4 Vwrn No. 1084 (10/73) ♦� C �� c,oiIc.,nia Land Title Association $tad:uA Coverage Policy Furm Copyti3ht 1973 POLICY OF TITLE INSURANCE ISSUED BY Iirst r�zorican. Title Insurance Cof ipany SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,FIRST AMERICAN TITLE INSURANCE COMPANY,MP NY a California corporation,herein called the Company, insures the insured,as of Date of Policy � shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs, attorneys fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition,as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company BY PRESIDENT f ATTEST SECRETARY EXHIBIT B 1 496966 Page ©$ i in Nc). 1084 A C, rik st,:-dwd Volicy COPYliPt 1973 SCHEDULE A Total Fee for Title Sejrch, Examination and Title Insurance 4 $057 . 25 000.00 SM-267288 Amount of Insurance: 210001 Policy No. Date of Policy: December 17 , 1979 at 8 : 29 a.m. 1. Name of Insured: PE114INSULA OPEN SPACE TRUST 2. The estate or interest referred to herein is at Date of Policy vested in: PENTNS[JLA OPEN SPACE TRUST 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A FEE IT -2- | , � SCHEDULE B � U� } ict , ehy T»:� doko (lot insure against �s o, damage,nor against costs,attorneys [ ' .^� v, thufo|hming: F^rt One: 1 Tlxuscx asse,,sm(,,nIs which are riot shown as existing liens by the recordsof z,,Fiy taxing authoiitY VIM t�,,,4sov on ,oa| property or by the public'oco/dc Proceedings by " public agency which may ron/|t in taxes or assessments,o, notices of such pnore�,dinqp.mhc`Zhc, or not dm�nby tile records of such agency orby the public records. 2 Any fact inte,cmoo, cbims which umnot shown by the pubUc,cco/J,but which could hcascermne� .! byan � i^^pncdo/'nf the land orby making inquiry of persons in possession thereof. � I Easements,liens or encumbrances,orclaims thereof,which are riot shown by the public records. � 4. Discrepunvies, conflicts in boundary lines, shortage in area,cnooxohmcnts, o, an'.'othm,focu um which a pm,rcc�� ny would disclose,and which are not shown by the public records. 5. (a) Unpmcntnd mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance th;lrcof; (n> water rights,claims or title towater. 8 Any right, hdc interest, cstato or easement ln land beyond the lines of the area xpeoificoUyd�c,ihcd or refc,,ed to � in Schedule C ' / in abutting streets, roads, avenues, alleys, lanes,ways ornothinginate,pays. but nothing ,mppnmg/npn shall modify or' or the extent to 'irh hco/dinv,y right ofan abutting owner for access to a phyumUy open street or highway is insured by this Policy. 7 Any law,ordinance o,gov» mncnm| regulation (including but not limited to building and zoning ordinances) rou,ic� � ing o, regulating or prohibiting the occupancy,use ur enjoyment ofthe land,or regulating tile character, ho��ur mocxcd on tile land,or pmhibihngaseoarouon /n uwnc,u.por a or location of any improvement now u/ f� fviolation ofanysuch |avv,ordinance o' govern- mental /gu|abon. 8. Rights of mniooru domain or governmental rights of police power vn|ns,notice of the exercise of such rights appears in the public records. 3. Defects, (kms encumbrances, adverse claims, or other matters <a> created, suffered,assumed or agreed ed to by the in- and nntothrnwisu excluded from coverage but wtothe »ured claimant; (b) not shown by the public records \uima"t either at Date of poi\xy or at the data such claimant acnv\/rd an estate or interest \xa/'*dbythis ,»sunm c � disclosed in writing insured claimant to the Connpu^yprior policy or acquired the insured mortgage and no �c \ | d mage �o �h� insured t �h date such insured claimant became an insured hereunder; (c) resulting n no loss or � o o ^ claimant; <d> attaching or created subsequent ent to Date of Policy;y' or (e) resulting in loss u,damage which roo|d not � � purchaser �have been sustained if the insured daiman� hadbaona orencvmb,onoerfor value without knowledge, � � Part Two: � I , General and Special Taxes for the fiscal year 1979-80 . � �5q I� , ma�b installment � � ^ � � NO . *^ 030' Covers portion of proper O7� �4O Code Area: l�-7 A.P . — — t under �o�rob � ` � V . � General and Special Taxes for the fiscal year 1979-80 . � eaob iostallrnent Co !� Area: ^ �a' l��� A.F . 0o . : 876-340-040 ~ ' - d Covers portion of property under search. General and Special Taxes for the fiscal year 1979-80 . -�115 .4 g each installment code Area: Ig-7 A.P . No . : 076-350-080 Covers portion ' � C ' ^ V� property under search. General and Special Taxes for the fiscal year 1979-80 . �,IO . 25 , each installment � Code Area: I9-7 A .P . NO . : 076-350-090 ' Covers portion of property under search. | General and Special Taxes for the fiscal year 1979-80 . | �97 ,77 , each installment , E7���I��I�� / Code Area: I9-7 A,P . No . : 076-350-130 Page of ~ _ -- __~+ =.. "r "rnnertn mnder search. � ill General and Special Taxes for the fiscal year 19'(9040 . `'22 - 74 , each install",clit Cc e Area: 19-1 A. P . No . : 076-350-150 Covers portion of property under search. General and Special Taxes for the fiscal year 19'19-80 . 1378 .75 , each installment Code Area: 19-' 2 A .P . t1o . : 076-350-160 Covers portion of property under search and other property. NOTE: Any reneral and special taxes for the fiscal year 1, 7,79 which may be assessed ( in addition to the 1978-79 taxes previously paid ) by reason of: a. Improvements added subsequent to March 1 , 1975. b. Changes in ownership occurring subsequent to March 1 , 1975 . c . Reappraisal of property values as of 1,1arch 1 , 1975 . 2 . EASEKENT for road purposes over so much of the herein described. Property as may lie within the boundaries of any public or private road or highway. 3 . RE-SERVATIOP of all redwood timber now standing or growing on portion of the property herein described in the Rancho F1 Corte t-'Iadera, as reserved in the Deed f r oirl : William G . Jones and Mary A . Jones, his wife to : S. S . Stambaugh dated : January 1 , 1861 recorded : January 1 , 1861 Pook 2 of Deeds at page 374 , Records of San Mateo County, California. 4 . E AS EII,ENT for Ridge Road as contained in Deed from : Christine F. Fengstorff to : Herbert Edward Law dated : Parch 25, 1915 recorded : March 30 , 1915 Book 245 of Deeds at page 274 , Records of San Mateo County , California. 5 . FIGHT OF WAY over the herein described property , as granted in Instruil-jent Fro:-. E. L . Brown To Pacific Gas and Electric Company Df!ted August 11 , 1916 Recorded August 23 , 1916 Book 256 of Deeds at page 40, Records of San Mateo County , California. Grants Right of Way for a single line of poles, etc . over a route as staked on ground and approved by Grantee. 6 . RIGHT OF WAY over the herein described property, as granted in Instrument From : Herbert Edward Law To : Pacific Gas and Electric Coj-.,ipany , a corporation Dated : August 8 , 1916 Recorded : August 23 , 1916 B60k 256 of Deeds at page 41 , Records- of San Miateo County , California. Grants Right of Way for a single line of poles and C> exceed 4 poles, route to be staked on cround and approved . ' . 7 . AGREEMENT b e-t w c c n E. D . Conolley and Herihert Eduard Law dated February It , 1915 recorded April 18 , 1917 Records at page 39 , Records of San J, ,ateo County , Bowl: 30 of Miscellaneous perpetual right of way for ces to Law a C,ilifornia, in which Conolley aj;,r 2 pipe lines in a 4 foot strip for the conveyance of water , .-aid right of way to fcjllow in a general course and direction, the course and direct-'i ion of Corte Madera Creek 8 . RE'SERVATIO14 of title to Brown House Springs and all springs within a , radius of 100 feet thereof, together with RIGHT for pipe line therefromm and right of ingress and egress, as more fully set forth in the Deed from : Edward L . Brown and Emily Knott Brown , husband and wife to : Herbert Edward Law dated : June 6 , 1925 recorded : June 8 , 1925 Book, 175 of official Records at page 91 , Records of San Vateo County , California. 9 . POSSIBLE EFFECT of right of way for line of poles and wires, with right to locate anchors , as granted f r om : Alison Peacock and Elsie Peacock to : Pacific Telephone and Telegraph Co-Apany , a corporation dated : April 1.6 , 1929 recorded : June 181 1929 413 , Records of San Mateo County , Book 415 of official Records at page California. The location of said right of way is not definitely established of record , but is stated to be in the Northeast 1/4 of Section 1 , To-vinship 7 South, Range 4 West , M. D. B. & M. 10 . AGREEMENT as to water rights between : Lauriston Investment Company and : Catoctin Company, a corporation, et al dated : August 22 , 1930 recorded : September 19 , 1930 Book 4.�T 96 of official Records at page 200 , Records of San Mateo County ,. California. 11 . RIGHT to extend and maintain culverts and slopes, as granted in Deed fro-in : C. S . Crary and Edith S. Crary , his wife to : State of California dated : October 14 '' 1930 recorded : June 2 , 1932 Book 563 of official Records at page 353 , Records of San Mateo County , California. 12 . RIGHT OF WAY over the herein described property , as granted in Instrument From Alison Peacock and Elsie Peacock , husband and wife and W. R . Bartley and Alice Mi . Partley , husband and wj7fe To : Pacific Gas and Electric Company , a corporation Dated : June 22 , 1932 Recorded : July 21 , 1932 Book 567 of Official Records at page 218 , Records of San Mateo County , CD California. Grants Right of VJay for a single line of poles and wires, with right of ingress and egress; and Right of Way for a 20 foot road to the 1 .27 acre parcel of land owned by the Pacific Gas and Electric Cwipany. 13 . RIGHT to extend and maintain culverts and the slopes of highway cuts and fills , as contained in Deed from. : Lauriston Investment Company , a corporation to : State of California dated : December 27 , 1932 recorded : April 7 , 1933 Pook 589 of Official Records at page 317 , Records of San Mateo County , California. 14 . ANY LOSS resulting froi,,i the fact that the descriptions of parcels herein do not conform to the description of the boundaries of property abutting on said parcels . No liability is assumed by this co,apany because of possible overlaps or shortages which may exist due to such differences. EFFECT OF EXCHANGE OF DEEDS from : John Francis Neylan to : liells Fargo Bank & Union Trust Company; and from : Wells Fargo Bank & Union Trust Company to : John Francis Neylan recorded : December 28 , 1937 File No. : 22373-D Book 764 of Official Records at page 352 , Records of San Mateo County , California; and in File No. 2237)'-D Book 769 of Official Records at page 315 , Records of San Mateo County , California. The purpose and intention of said Deeds being to establish the Skyline Boulevard as the dividing line between the properties of said parties. 15 . EASEMENTS for road and utility purposes as reserved in Deed of Trust executed by: Corte Madera, a partnership, Trustor Trustee American Securities Company , a corporation Beneficiary: Wells Fargo Bank, a corporation dated February 2 , 1965 recorded February 15 , 1965 File No. 17285-Y , Records of San Mateo County , ' California, and as . set forth therein as follows: n3IT 1A 111'_aser,tents for road and utility purposes over all existin7 ived and unpaved roads providing access to and from the Teserved Pt OPI and Skyline Boulevard and Alpine Road and over, under and alonS all plytions thereof over, under and along which run the existiU utility liqos by which the Reserved Parcel is now served with water , gas, electricity and telephone service, and also the right to enter upon the parcel herein reconveyedc for the purpose of maintaining , repairing and re- placing said roads and utility 16 . 1 PROVISIONS as contained in reservation in Deed of Trust executed by: Corte Madera, a partnership, as Trustor Trustee : American Securities Company , a corporation penoficiary: Wells Fargo Bank , a corporation dated : February 2 , 1965 recorded : February 15 , 1965 File No . : 172857Y Book 4896 of official Records at page 94 , Records of San Mateo County, California, which recites as follows : "Provided , that each easement hereby reserved may at any tiirt-,e be terminated on condition that there is continuously provided , at not expense to trustee or beneficiary , their successors or assigns, access to and from the Reserved Parcel and Skyline Boulevard and Alpine Road and service with utilities of the kind , quality and number by which the Reserved Parcel is now served , either by means of ( a) the existin; roads and utility lines, or (b) substituted road and utility lines of a quality satisfactory to the City of Portola Valley in the case of substituted roads , and of a quality satisfactory to the utility companies providing service over the lines in the case of substituted utility lines" . 17 . EASEMENTS, rights , rights of way and conditions contained in Deed from Corte Madera, a limited partnership to The Heirs and Devisees of John Francis Neylan, deceased , subject to the Administration dated February 209 1968 recorded April 9 , 1960 File No. 33374-AB Book 5456 of official Records at page 529 , Records of San Mateo County , California. 18 . RESERVATIONS AND CONDITIONS contained in Deed limited From : Corte Madera Limited Partnership, a California partnership To : Peninsula Open Space Trust Dated : December 11 , 1979 Recorded : December 17 , 1979 Document No: 98985-AO, official Records of San Mateo County , California. Reserves various easements, rights, etc. subject to Conditions. L A. page 0 NO. 1056-4 PWky Forms SCHEDULE The land referred to in this policy olicy is situated in the State of California Qmnty of San Mateo, Town of Portola. Valley and is described as Wwvr PAPCKL II : ill that certain property situate in the Town of Portola Valley , County of San Mateo, State of California, conveyed by Deed recorded in Volume 4416 of Deeds at pages 452 through 465 to Corte Madera, a pnrtnership. EXCUTING THEREFROM that portion conveyed by Deed from Corte Madera, a limited partnership to the heirs and devisees of John Francis reylan, deceased , subject to administration and recorded April 9 , 1968 in 'hook , 15456 of Official Records at page 529 . ALSO EXCEPTING THEREFROM: PARCEL I : All that certain property situate in the Town of Portola Valley , County of San Mateo, State of California, and being a portion of the lands conveyed by Deed recorded in Volume 4416 of Deeds at pages 452 through 465 to Corte Madera, a partnership, more particularly described as follows : BKGINNING at the most Southerly point of Parcel B as said parcel is shown on that certain map entitled "PARCEL MAP , BEING A RESUBDIVISION OF PORTION OF EL CORTE MADERA RANCHO" , recorded on August 2 , 1971 in Volume 13 of Parcel Maps at page 19 , Records of the County Recorder of San rateo County , California; thence from said point of beginning the following courses and distances: South 84 ' 34 ' 35" West 759. 46 feet, rorth 33' 551 25" West 505. 26 feet , North 14 * 251 25" West 1 , 128. 68 feet, North 5* 04 ' 35" East 621 .90 feet , North 37* 34 ' 35" East 921 .62 feet , South 63* 321 50" East 836. 14 feet to a point which bears North 19* 311 20" West 1 ,136.06 feet from the most Northerly point of Parcel C as shown on the above said Parcel Map; said point also being the common corner of Parcel C and Parcel A; thence in a Southeasterly direction South 55* 02 ' 50" East 940. 00 feet ; thence North 35* 57 ' 10" East 1 , 135.00 feet; thence North 51' 121 10" East 1 ,580 feet more or less to a point in the Northerly boundary line of the aforesaid parcel of land , said point also being in a gulch known as Hamms Gulch and which bears the following courses and distances from the point of beginning of the lands conveyed by the aforesaid deed recorded in Boo',-, L1416 of Deeds at pages 452-065: North 81* 35 ' 00" West 174 .90 feet, South 85* 451 00" West 123 .42 feet , North 67* 291 00" West 154 .44 feet, North 860 141 00" West 91 .08 feet; thence along said Northerly boundary and down Hamms Gulch the following courses and distances : South 860 14 , 00" East 91 .08 feet , South 670 291 00" East 154 . 44 feet , North 85* 45 , 0011 East 123.42 feet , South 81* 35 ' 00" East 174 .90 feet to the point of beginning of the lands conveyed by the aforesaid deed recorded in hoop: 4416 of Deeds at pages 452-465; thence from referenced point of beginninz along the Easterly boundary (Corte Nadera. Creek) and the Southeasterly boundary of the aforesaid land the following courses and distances : South 00* 101 00" West 128 .04 feet , South 18* 16 , 00" East 168 . 30 feet, South 22* 321 00" East 92 . 64 feet , South 14 * 101 00" West 137 . 28 feet , South 05037 ' 00" East 80. 52 feet, South 03023100" West 103. 62 feet S;4,h �' -0 U Pale X Cif 1A W 37I 00" East 142 . 56 feet , South 13* 59 ' 00" Fast 124 . 08 feet , 7nnth 54* 411 00" Fast 32 - 34 feet , South 08* 36 , 00" Fast 150 . 43 f�et , South 51* 361 00" Fast 124 . 74 feet, South 21* 021 00" East 14 . 68 feet , South 220 53 ' 00" West 81 .95 feet , South 41* 231 00" ' st 55.00 feet , South 66* 53 ' 00" East 75-00 feet , South 86* 131 00 East 150.50 feet , South 22* 53 ' 00" East 88 .00 feet , South 47* 551 00" Fast 63 - 11 feet , South 77* 13 ' 00" Vest 733 .75 feet , South 210 50 ' 00" West 33 .04 feet , South 350 15 ' 00" Vest 94 . 46 feet , fouth 24* 33 ' 00" West 102.47 feet , South 30* 171 00" Uest 194 .06 f- nt ; thence leaving said Easterly boundary (Corte Madera Creek) xnd the Southeasterly boundary of the aforesaid land South 42* 30 ' 00" 1 nt 1 ,740 feet more or less to a point which bears South 55* East 3?0.00 feet; thence South 57* East 910 .00 feet from the most Northerly capner of Parcel C, said point as shown on. the aforesaid referenced Parcel Map recorded in Volume 13 of Parcel Maps at page 19; thence north 57* West 910 . 00 feet and North 55* West 820 . 00 feet to the afore- said most Northerly corner of Parcel C; thence Northwesterly along the Northerly boundary and Westerly boundary of Parcel A the following courses and distances : North 73* 501 00" West 770 . 00 feet , North 610 451 00" West 491 .91 feet , South 38* 19 ' 30" West 177 . 54 feet , South 22* 421 05" West 143- 56 feet , South 40* 081 25" West 166. 57 feet , South ON 571 15" West 139 -80 feet , South 33* 56' 35" West 177 - 53 feet , South 12* 361 00" East 105 . 49 feet , South 55* 121 06" East 106. 17 feet , South 850 10 ' 10" East 149 . 62 feet , South 38* 24 ' 35" East 109 .06 feet, South 16* 311 20" West 147 .72 feet, South 34* 491 45" East 61 . 66 feet, South 71* 491 50" East 86.79 feet , South 87* 041 05" Fast 106 .70 feet, South 59* 421 03" East 662 -77 feet , South 05* 251 23" EaK 270- 58 feet to the point of beginning . n,aid Parcel I Icontai.i-!Ing app-roximately 200 Acres of Land. IOr,;F,'iHER 14ITII easem nts and rights-of-way over, across and under adjacent lands of grantor for utilities, fire and police service, public trails and public access and the concomitant right to maintain, restore, replace or remove any of said lines and facilities. Said Parcel II containing' approximately 537 acres of land. Pala :Aar..✓. A^_Aa. ---- - --—- :� _•.J;�'• �`n _ ova .�/... 7Q � • ^ Y. 4' ` •:. ''•` � ��\ t, 6 ,�'+ .'rat •i:+ 1:_, ro .ry ` 360 r� T, .r • ca t .:�• �:;� PARCEL 'Y' :- •: _ . _� C� •� !� �• n w ty� tiY .. �. :: _+;. :;: ': ;;- - �' •! _�,, ��• -P AR DEL ,..._ � `: • ;;, '•, t,rvt=~ /� PA-CEL YAp \ '3119 OE DIS%A)Cf pjAv 0 No m I' p„g o' ---• M-80-104 (Meeting 80-28 December 30, 1980) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM December 26 , 1980 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Legislative Program for 1981-1982 Introduction: The District' s Action Plan for 1980-1981 includes the Legislative Program. The accomplishment of priority items in the Legislative Program was adopted by you as a key activity for 1980-1981 (see memorandum M-80-73 of September 29 , 1980) . I expect the same emphasis for 1981-1982 . At your meeting of November 12 , 1980 1 recapped the Legislative Program for 1980. Please see report R-80-65, dated November 4 , 1980 summarizing the formulation of, implementation of, and policies pertaining to the District' s Legislative Program. On December 10, 1980 Bob Beckus, The District' s legislative con- sultant, reviewed the 1980 legislative session for you and gave his prognostications for 1981. On December 17 , 1980 the Legislative Committee met to formulate recommendations for the District' s 1981-1982 Legislative Program and to consider retaining a legislative consultant for this period. Discussion: The Legislative Committee considered recommendations from staff for the new Legislative Program. Attached is the resultant Legislative Program for 1981-1982 that I am recommending for adoption. The Program would most certainly come back to you for various modifications as the session progressed. For example , there would be additions to include various bills that will be introduced by others. Recommendation: It is recommended that you adopt the attached Legislative Program for 1981-1982 with priority designation A for items IA, IB 1 and IB 2 , and designation B for the other items. It may be best from a strategic and time-saving standpoint to combine various East Bay Regional Park District' s and this Dis- trict' s proposed enabling legislation changes into one or more bills, and I request you allow this flexibility. It is further recommended that you authorize the President in your behalf to transmit Section II of the Legislative Program to the Board of Directors of the East Bay Regional Park District, Monterey Peninsula Regional Park District, and Marin Open Space District with appropriate cover letters. 1981 - 1982 Legislative Program I. Funding Legislation A. Property Tax 1. Support, oppose, or initiate legislation, as necessary, to protect the District' s current share of the property tax. B. State Projects 1. Support or initiate legislation, such as legislation funding Proposition 1 projects, to augment Bear Creek Redwoods State Park funding. 2. Support or initiate legislation to designate the State 's Murray Ranch property as a State Park and legislation for State to acquire land. to connect the property to Skyline Boulevard and to round out the site. 3. support or initiate legislation for further State sup- ported acquisition and development of the South San Francisco Bayfront Trail. Page Two .Public Resources - Code Changes to Park and Open Space District Enabling Legislation A. Midpeninsula Regional Open Space District Proposals 1. Sec. 5532 - Conform filing and other dates with Elections Code 5532. Nominations: Canvass : Certificate of election: Oath Except as otherwise provided in this section and Section 5531, the provisions of Chapter 5 (com- mencing with Section 6400) of Division 6 of the Elections Code shall substantially govern as to the manner of appointment of circulators, the form of nomination documents and the securing of signatures to the nomination documents, the filing of the candidate' s nomination documents, the payment of filing fees, and all other things necessary to get the name of the candidate upon the ballot. Circulators may obtain signatures to the nomin- ation paper of any candidate at any time not more than 95 days nor less than 74 days prior to the election, and all nomination documents shall be filed with the secretary of the district not more than 90 days nor less than 74 days before the day of election and shall be examined by him. The election shall be consolidated with the gen- eral election as to territory which is the same, and the secretary of the district shall certify the names of all candidates to be placed upon the ballot to the county clerk or county clerks within the territory affected by the consolidation at least 67 days prior to the date of the election. Upon the filing of a sufficient nomination paper and declaration of candidacy by any candidate , the name of the candidate shall go upon the ballot at the ensuing general election. Upon receipt of the returns of the canvass by the respective boards of supervisors, the directors of the dis- trict shall meet and determine results of the election and declare the candidate or candidates elected. The secretary of the district shall issue certifi- cates of election, signed by him and duly authenti- cated, immediately following the determination of the result of the election by the directors of the district. Page Three The oath of office shall be taken, subscribed, and filed with the secretary of the district within 30 days after the officer has notice of his election or appointment or before the expir- ation of 15 days before the commencement of his term of office. No other filing is required. Reason: The filing and other dates in Public Resources Code Section should be changed where necessary to con- form to the Elections Code. 2. Sec. 5540 - Tightening of vote requirement to initiate disposal of dedicated property. 5540, Acquisition. use, and disposal of property A district may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real property of every kind, and rights in real and personal proeprty, within or without the district, necessary to the full exercise of its powers. A district may not validly convey any interest in any real property actually dedicated. and used for park or open-space, or both, purposes with- out the consent of a majority of the voters of the district voting at a special election called by the board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years; and consent need not first be obtained for a transfer of any real property if the Legislature by concurrent resolution authorizes a transfer after a resolution of intention has been adopted by at least a two tM:r65 four-fifths vote of the board of directors of the district, specifically describing the property to be conveyed. Reason: Under Section 5541 up to 10 acres of dedicated property may be exchanged in a year for property con- tiguious to district land with the unanimous consent of the board of directors. The alternative procedure for conveyance of dedicated property under Section . 5540 should require almost as stringent a voting requirement by the board. A four-fifths requirment would mean six "aye" votes for a seven member board whereas two thirds corresponds only to five of seven. For a five person board four "aye" votes are required in either case. Page Four 3. Sec. 5540. 6 (new section) - Conveyance of dedicated property to a public agency 5540. 6 Conveyance to public agency Notwithstanding the provisions of Section 5540, a district may, with the approval by a four-fifths vote of the members of its board of directors, convey to another public agency any real property dedicated and used for park or open space, or both, purposes, provided such public agency under- takes in a recorded written agreement to continue to use such property for such purposes and not to convey any interest in such real property with- out the consent of a majority of the voters of the district at an election called and conducted by the board of directors of the district pur- suant to the provisions of Section 5540. Reason: Public Resources Code Section 5540 prohibits the conveyance of dedicated property (except under very stringent conditions) . The new section would allow for conveyance to another public agency, but the land would still have to be used for park or open space purposes and could not be conveyed further un- less released by a vote of the electorate of the district. This addition would allow land transfers to be made where park development or management by another public agency (for example, county parks) would be more logical. 4. Sec. 5544. 1 - Cross-referencing maximum interest rate to Government Code. 5544. 1. Promissory notes and other evidences of indebtedness. Notwithstanding any other provisions of this article, the board may borrow money by issuance of promissory notes or other evidences of in- debtedness in an amount, or of a value , not exceeding in the aggregate at any one time the greater of 5 percent of the total of the district' s general fund and development fund budget for the year in which the loan is made, or the sum of five hundred thousand dollars ($500,000) , to be used for any revenue-producing purpose for which the district is authorized to expend funds. A district shall not exercise the borrowing author- ity conferred by this section if the district, at any time during the previous two years, has not met the loan repayment requirements of this section and the repayment provisions set forth in the promissory note or other evidence of indebtedness Page Five issued for a loan entered into pursuant to this section. A district shall not expend in any one vear anv amount of money in excess of what it collects in ntroperty taxes, state and federal subventions, gr_�nts-,* loans, fees , gifts, bequests , or income from other sources. Indebtedness incurred pursuant to this section shall be repaid in approximately equal annual installments during a period not to exceed five years from June 30th of the fiscal year in which it is incurred and shall bear interest at a rate not exceeding 10 percent, or such higher rate as may be allowed by Government Code Section 5353Z, per annum payable annually or semiannually or in part annually and in part semiannually . Each such indebtedness shall be authorized by a resolution of the board unanimously adopted, and shall be evidenced by a promissory note or contract signed by the president of the board and attested by the secretary. The indebtedness authorized to be incurred by this section shall be in addition to, and the provisions of this section shall not apply to, any bonded indebtedness authorized by vote of the electors. Nothing herein shall be construed so as to limit or restrict the authority of the district to issue promissory notes or deeds of trust in the acquisition of real property or the exercise of its rights of eminent domain subject to the limitations set forth in Section 5568. Nothing herein shall limit the authority of the district to borrow pursuant to Section 5544. 3. 'Reason: Government Code Section 53531, which cur- rently also allows a 10% maximum interest rate for indebtedness, overrides the Public Resources Code. .The additional phrase would cross-reference the Government Code Section for possible future changes. 5. Sec. 5544. 2 .- Update of maximum interest rate payable to conform to Government Code, and change in vote requirement to enter into installment purchases of land or to borrow money for land. 5544.'2 Acquisition of land and facilities by plan to' borrow money or by purchase on Contract A district may acquire all necessary and proper lands and facilities, or any portion thereof, Page Six by means of a plan to borrow money or by purchase on contract. The amount of indebtedness to be incurred shall not exceed an amount equal to the anticipated tax income for the next four- year period derived pursuant to Section 5545; or, with respect to the East Bay Regional Park District only, the anticipated tax income for the next two-year period derived pursuant to Sections 5545 and 5545.5. All such indebtedness which is incurred on or after July 1, 1968, shall be repaid in approximately equal annual install- ments during a period not to exceed 10 years from the date on which it is incurred and shall bear interest at a rate not -.to exceed 6� 10 percent per annum, or such higher rate as may be alZowed by Government Code Section 53531, payable annually or semiannually or in part annually and in part semiannually. Each such indebtedness shall be authorized by a resolution adopted by the affirm- ative votes of at least five-sevenths of the members of the district board and shall be evidenced by a promissory note or contract signed at least five-sevenths of the members of the district board. At the time of making the general tax levy after incurring each such indebtedness and annually thereafter until such indebtedness is paid or until there is a sum in the treasury set apart for that purpose sufficient to meet all payments of principal and interest on such indebtedness as they become due, a portion of the taxes levied and collected pursuant to Sections 5545 and 5545. 5 shall be ' levied and collected and set aside sufficient to pay the interest on such indebtedness and such part of the principal as will become due before the proceeds of a tax levied at the next general tax levy will be available. The indebtedness authorized to be incurred by this section shall be in addition to, and the provisions of this section shall not apply to, any bonded indebtedness authorized by vote of the electors. Reasons: Government Code Section 53531, as amended n- by AB 329, allows a maximum interest rate of 10% for indebtedness. It also overrides Public Resources Code 5544. 2. Section 5544. 2 should be up- dated from 6� to 10% and be cross referenced to Government Code Section 53531 for possible future changes. Current language, which may have been devised with a five member board in mind, requires six "aye" votes for a seven member board in order to enter (within stated limits) into installment purchases of land or to borrow for land. A change to a five-sevenths vote would make this important acqui- sition tool usable in the event of lenghty absences due to incapacity, business, or vacations Page Seven of board. members. Five votes would still con- stitute a "super-majority" . Four "aye" votes would continue to be required for a five person board. B. East Bay Regional Park District Proposals 1. Sec. 5.569. 5 (new section) - Clarification of powers of districts to employ assessment district procedures. Position: Support East Bay Regional Park District initiated legislation and suggest clarifying sentences in italics (second one from AB 3299) . 5569. 5 Notwithstanding any other provision of law, a district may, with the approval by a two- thirds vote of the members of its board of directors, and without obtaining the approval of any other local elgislative body, fully util- ize the provisions of the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code) , the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) , and the Municipal Improvement Act of 1913 (Division 12 (commending with Section 10000) of the Streets and Highways Code) , with respect to territory within its boundaries and to carry out the purposes of this article. After so determining to utilize the provisions of any said acts, the vote required for acting on any particular matter shaZZ be determined by the provisions of the appticable act. Any reference to any officer in the acts shaZZ be deemed to refer to that officer of the district performing similar duties for the district. Reason : While our district counsel is of the opinion that regionalpark and open space districts organized under Public Resources Code Sec. 5500 et seq. can probably utilize the improvement and assessment pro- ceedings of the improvement acts of 1911, 1913 ,and 1915, he states the matter is not free from doubt. This is due in part to the different language used in each Act to describe the local agencies that may use its provisions. (See Streets and Highways Code Secs. 5005, 10003 , 8503) This amendment would make clear that regional park and open space districts could utilize the three commonly used assessment district acts in the sole discretion of the board of directors expressed by a 2/3 vote of its membership. Page Eight 2. Sec. (new section) - Review of land use proposals within 1000 feet of district lands. Position: Support East Bay Regional ' Park District sponsore d legislation and state that MROSD would agree to deletion of paragraph regarding billing of applicants if it would make passage easier. Sec. Every city or county shall submit to a diTt—r-1-ct any proposed zoning change, land division or land use whenever the district oper- ates a regional park or open-space facility within 1000 feet of the affected lands, if the lands have not been previously developed, for the purpose of determining the compatibility of the proposed zoning change, land division, or land use with the regional park or open space facility. The district shall report to the city or county within 40 days of such submission the effect, if any, that the proposed zoning change, land division or land use is .anticipated to have upon the regional park or open-space facility. The failure of the district to report within such 40 days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed zoning change, land division or land use is not incompatible with such regional park or, open-space facility. If the district finds that the proposed zoning change, land division or land use will have an adverse or other effect upon such regional park or open-space facility, the city or county shall take such effect into consideration in its determination whether the proposed zoning change , land division or land use shall be approved. If the proposed zoning change, land division or land use is found to affect the regional park or open-space facility, the applicant for the zoning change, land division or land use shall be billed for the costs of review incurred by the district. Such costs may either be billed by the district directly or may be collected by the responsible city or county agency. Sec. 2 The sum, of dollars ($ is hereby appropriated from the General Fund to the Controller for allocation and disbursement to local agencies and school districts pursuant to Section 2231 ' of the Revenue and Taxation Code to reimburse the agencies for costs incurred by them pursuant to this act. Page Nine Reasons: Although the MROSD currently enjoys relatively good success in receiving word on development proposals which may impact District lands or their enjoyment , there is no mandatory referral for comment, and pro- jects occassionally get missed or word gets to us at a late stage. According to the East Bay Regional Park District their costs for reviews run between $20, 000 and $30 ,000 annually. 3. Sec. (new section or amendment to Sec. 5536) .- Fringe Benefits for directors. Position: Support providing language was changed as shown below. The board may provide by ordinance or resolution that each of its members may on such terms and conditions as the board may determine, participate in any medical or dental plan on the same terms and een&it4:ens avail- able to permanent employees of the district. Reason: The proposed language by the East Bay Regional Park District would make district medical and dental plan benefits available to board members. The proposed change would make it clear that the board would have the power to allow benefits in lieu of salary, conditions under which you have previously indicated you might be willing to make the benefits available. M-80-103 (Meeting 80-28 December 30 , 1980) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM December 26 , 1980 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Renewal of Legislative Consultant' s Contract Background: At your meeting of January 10, 1979, you authorized me to execute an agreement between the District and California Advocates, Inc. for legislative consulting services in Sacramento. The one-year contract set the consultant' s service fees at $800 per month, except when the Legislature was in recess for four weeks or more, in which case the fee would be reduced to $400 per month. The scope of services to be addressed by the legislative consultant was outlined in the agreement, as well as in memorandum M-79-4, dated January 4 , 1979. In particular, the legislative consultant was charged with helping the District accomplish the goals of its Legislative Program for Response to Proposition 13. On December 12 , 1979 you voted to extend the contract through the 1980 legislative session (see memorandum M-78-153, dated Decem- ber 5 , 1979) . At your meeting of November 12 , 1980 1 recapped the Legislative Program for 1980 (see report R-80-65 , dated November 4 , 1980) , and on December 10, 1980 Bob Beckus , the District' s legislative consultant, reviewed the 1980 legislative session for you and gave his prognostications for 1981. On December 17, 1980 the Legislative Committee met to formulate recommendations for the District' s 1981-1982 Legislative Program and to consider retaining a legislative consultant for this period. Discussion: The District' s current Consulting Services Agreement with Mr. Robert Beckus of California Advocates, Inc. terminated when the Legislature recessed for 1980 and was extended at the lower level through December. Mr. Beckus' services have proved to be very beneficial for the District during the past two years. As reported to you from time-to-time during the year, his exper- tise and his daily presence in the Sacramento legislative arena were invaluable in the District' s successful efforts in getting a fair share of revenue following the passage of Proposition 13 as well as in accomplishing other parts of the District' s Legis- lative Program. In light of legislation to be considered in 1981-1982 that would have a direct effect on the District, I feel it is important to extend the legislative consultant' s contract at this time. I The proposed contract differs from the previous one in the following three substantive ways : I (1) The monthly compensation has been reduced from $800 to $750 but would be the same whether the legis- lature was in session or not. The change to equal monthly payments recognizes the fact that considerable work can go on in Sacramento when the legislature is not in session. In 1980 the total fees paid are $8000, and a change to $750 a month, or $9000 for 1981, represents a 12. 5% annual increase. This seems quite reasonable con- sidering the excellent results that have been achieved and considering inflation. (2) The proposed term of the contract runs through the end of the legislative session in 1982. The approximately two-year term corresponds to the two-year legislative session and to the District' s two-year Legislative Pro- gram and would provide continuity. However, in any case the District or consultant could still cancel the contract with 5 or 15 days notice, respectively. (3) Paragraphs a and b of Section 2 of the old agreement, regarding the Scope of Services, have been updated. The old paragraphs referred specifically to the District' s past Legislative Program for Response to Proposition 13. Recommendation: It is recommended that the Board of Directors authorize the General Manager to enter into the attached Consulting Services Agreement with California Advocates, Inc. The Legislative Committee considered this matter at its meeting of December 17 , 1980, and decided to support this recommendation. The Committee will be prepared to discuss its findings. Funds are budgeted for the remainder of the fiscal year. i CONSULTING SERVICES AGREEMENT THIS AGREEMENT, entered into this day of , by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "District, " and CALIFORNIA ADVOCATES , INC. , a California Corporation, hereinafter called "Legislative Consultant" or "Consultant. " The parties hereto mutually agree as follows: 1. Employment of Consultant. District hereby agrees to engage Consultant and Consultant hereby agrees to perform the services hereinafter set forth in this agreement. 2. Scope of Services. Consultant shall do, perform and carry out in a satisfactory and proper manner, as determined by District, the following services : a) Become familiar with District' s Legislative Pro- gram for 1981-1982 and its special legislative concerns. b) Advocate legislation or amendments to Sacramento legislators and administrators and their staffs which will enhance District' s funding or result in other legislation favorable to District, with an emphasis on District's Legislative Program for 1981 -1982 and related matters, and other legis- lative or State administrative matters as may be assigned from time to time. c) Monitor and advise of status of pending legislation which may affect District. d) Evaluate and advise District as to the political climate in Sacramento, the best channels for in- fluencing legislation affecting District, desirable kinds of legislation in light of District' s problems , purposes and goals, and the best strategies for achieving legislation islation favorable to District. e) Maintain and improve liaison between District and members of the Legislature and the State Administration. f) Attend legislative hearings and other legislative meetings on behalf of District when a District representative is unable to be there or as otherwise appropriate. g) When beneficial 'to District, coordinate District efforts with advocates of other regional park or open space districts, special district associations, park and recreation associations, and other appro- priate organizations. 3. Responsibility of District. District shall cooperate with and furnish necessary data to Consultant in every reasonable way to assist Consultant in carrying out its services under this Contract. Consultant' s principal contact with District shall be District' s General Manager or designee. 4. Personnel. a) Consultant represents that it has, or will secure at its own expense, all personnel required in per- forming the services under this Contract. Such personnel shall not be employees of or have any con- tractual relationship with District. b) Unless otherwise approved by the General Manager or his designee, the services described in para- graph 2 of this agreement shall be personally per- formed by Robert J. Beckus and Loren V. Smith. 5. Time of Performance. The services of Consultant are to commence January 1, 1981 and shall continue until the Legislature finally recesses in the year 1982 for the 1981-1982 (two year) session of the California Legislature. 6. Compensation. District agrees to pay Consultant at a fixed monthly rate of $750 per month. Said payments shall be prorated for any fractional month at the beginning and end of the contract period. Such compensation shall constitute the total amount payable by District under this agreement and shall include all costs and expenses of Consultant. Consultant shall bill District at the end of each calendar month, and the District shall remit within 30 days of receipt of said billings, -2- 7. Termination of Contract. District shall have the right to terminate this agreement by five (5) days written notice at any time, with or without cause. Consultant shall be entitled to compensation for all services rendered up to the date of term- ination. Consultant also shall have the right to terminate this agreement by fifteen (15) days written notice at any time, with or without cause. Notwithstanding the above, neither party shall be relieved of liability to the other party for damages sustained by virtue of any breach of the Contract. 8. Equal Employment Opportunity. Consultant shall not willfully discriminate against any employee or applicant for employment because of race, color, sex, religion, ancestry or national origin. Consultant shall take affirmative action to ensure that applicants are employed without regard to their race, color, sex, religion, ancestry or national origin. Such action shall include, but not belimited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, includ- ing apprenticeship. 9. Assignability. Consultant shall not assign or transfer any interest in this agreement, or any payments to be received hereunder, without the prior written consent of District. 10. Interest of Consultant. Consultant covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this agreement. Consultant shall from time to time advise the general manager of District as to the names of other persons and/or organizations that Consultant represents in legislative matters. ll. . Findings Confidential. Any reports, information, data , etc. given to or preparedor assembled by Consultant under this contract which District requests to be kept as confidential shall not be made available to any individual or organization by con- sultant without the prior written approval of District. -3- a 12. Use of Funds. Consultant shall not expend any of the funds received as compensation hereunder in support of any candidate for any political office. Compensation is limited to the cost of services actually rendered and expenses, and specific- ally does not include political contributions of any type what- soever. IN WITNESS WHEREOF District and Consultant have executed this agreement as of the date first above written. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By General Manager CALIFORNIA ADVOCATES, INC. Consultant i By -4- M-80-102 (Meeting 80-28 December 30 , 1980) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM December 12 , 1980 TO: Board of Directors FROM: H. Grench, General Manaqer SUBJECT: Formula for Allocating Proposition 1 Park Funds in Santa Clara County Introduction: Proposition 1, The California Parklands Act of 1980 , on the November 4 , 1980 ballot was passed by the voters of the State. You received information on the measure and the District' s potential share of the proceeds at your meetings of August 31 and October 22 , 1980 (see memoranda M-80-50 and M-80-75) . Your adoption on October 22 of a resolution endorsing the measure contributed to the state- wide effort which put the November vote over the top (the June, 1980 ballot measure had failed) . Discussion: Park administrators of Santa Clara County met recently and reached agreement on an allocation formula for the $4 ,488 ,206 which will come to Santa Clara County agencies. This was an agree- ment on the "priority plan for expenditure" which we would recom- mend to our legislative bodies for adoption. In the case of the 1974 and 1976 State parks bond issues , the Santa Clara County formula split the funds 50-50 between regional (the County and District) and local agencies. The current formula was a compromise from the discussions and is not quite as beneficial to the District, allocating about $36 ,000 less than the old formula would have. However, in view of the needs the cities also have and the desire to cooperate with them in quickly reaching agreement, I supported the compromise. It is necessary to reach agreement by March 15 in order for the funds to be allocated by the State during the 1981-1982 fiscal year. I expect an administrators meeting to be called in January in San Mateo County. For the 1976 bond act County parks and the District shared only 100 of the total San Mateo County allocation. The regional and local shares were then apportioned according to population. Senate Bill 624 , which put the November,1980 measure on the ballot, contained the following language not contained in the previous measures which explicitly recognized the importance of regional park and open space district programs : In any county in which a regional park or open-space district is wholly or partially located, the priority plan shall reflect regional park or open-space nee0s .as well as community and neighborhood park and recreation needs. M-80-102 Page Two In my view a pro-rata share of 10% of the funds would not meet the above requirement of SB 624 , and I expect the formula to be different this time. Recommendation: It is recommended that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Priority Plan for Expenditure of Allocation of Funds to the County of Santa Clara for Park, Beach, Recreational and Historical Preservation Purposes (California Parklands Act of 1980) . The 1980 Act also included $30,000,000 to be allocated statewide under the Roberti-Zlberg Urban Open-Space and Recreation Program (not subject to the above "priority plan for expenditure") . The District is entitled to approximately $211 ,000 of these funds upon application for qualifying projects. Resolution No. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE PRIORITY PLAN FOR EXPENDITURE OF ALLOCATION OF FUNDS TO THE COUNTY OF SANTA CLARA FOR PARK, BEACH, RECREATIONAL AND HISTORICAL PRESERVATION PURPOSES (CALIFORNIA PARKLANDS ACT OF 1980) WHERE-AS, the People of the State of California did, at election on November 4 , 1980, adopt the "California Parklands Act of 1980" (Public Resources Code sections 5096. 141, et seq. ) , said Act becoming operative on December 1, 1980, and WHEREAS, this Act provides for an allocation of 585, 000,000 for grants to counties, cities and districts for the acquisition, development, or restoration of real property for park, beach, recre- ational and historical resources preservation purposes pursuant to the allocation formula contained therein; and WHEREAS, the amount to be allocated for expenditure within the County of Santa Clara has been determined to be the sum of $4,488,206, to be spent in accordance with a " priority plan for expenditure" approved by the County Board of Supervisors and at least fifty per cent (50%) of the cities and districts representing fifty per cent (50%) of the population of the cities and districts within the County; and WHEREAS, the required consultation between the County of Santa Clara and all the cities and districts within the County has occurred and a formula for allocating the local share of this 1980 State Park Bond Fund has been prepared as shown on Exhibit A attached hereto, allocating forty per cent (40%) of the County' s grant for regional Parks and open space and sixy per cent (60%) of said grant for local city parks; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does approve this priority plan for expenditure and formula for allocating the local share of said funds, as specified herein. FORMULA FOR ALLOCATING LOCAL SHARE 1980 STATE PARS: BOND FUND EXHIBIT "A" Total County Entitlement $ 4,488,206 40% Regional 1,795 ,282 60/a Cities 2 ,692 ,924. Regional County 60% 1,077 ,169 Midpeninsula 40% 718* 113 1980 Cities Dept.of`Finance Allocation Pop. Est. Campbell 25 ,550 $ 59,328 Cupertino 35 ,208 81,754 Gilroy 21,550 50,040 Los Altos 26, 144 60,707 Los ,Altos Hills 7 ,583 20,000* i Los Gatos 28,211 65 ,507 Milpitas 35 ,301 821>899 Monte Serena 3 ,418 201000* Morgan Hill 16,602 38,550 Mountain View 58,199 135 ,140 Palo Alto 54,084 125 ,585 Rancho Rinconada Rec . District 5 ,596 2031000* Sala Jose 610,359 1,417 ,277 Santa Clara 85 ,004 197 ,383 Saratoga 301026 69,722 Sunnyvale 107 ,247 249,032 1,150,482 $22,6921,924 -16,597 -60,000 13,133,885 $2 ,632 ,924 $2,632 ,924 1, 133 ,885 = 2.3220379 (per capita rate) MIDPENIP;SULA REGIONAL OPUST SPACE DISTRICT A11IDPENINTSULA REGIONAL OPai SPACE D1 117RIC`T T TO: Board of Directors O: Board of Directors FROM: H. Grench, General Manager FROM: H. Grench, General Manager i SUBJECT: For Your Information SUBJECT: For Your Information . DATED: December 26 , 1980 DATED: December 26, 1980 E f t Aj� j NIIDPE1-,gNTSULA REGIONAL OPEN SPACE DISTRICT i,jjDp 4II,,St.jIA REGIONAL OPEN SPACE DISTRICT i T TO: Board of Directors O: Board of Directors FROM: H. Grench General Manager FROM: H. Grench, General Manager g SUBJECT: For Your Information For Your Information DATED: December 26 , 1980 DATED: December 26, 1980 I i Ilk V vw ..M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 µ December 12 , 1980 Mr. and Mrs. Richard D. Powell 11140 Mora Drive Los Altos, CA 94022 Dear Mr. and Mrs. Powell, Your letter of November 29 , 1980 , regarding your concerns about the development of the new County Park adjoining Ranch San Antonio Open Space Preserve was presented to our Board of Directors at their regular meeting December 10. Your name is being placed on a special mailing list to receive notices of meetings a relating to this matter. Thank you for your interest. Sincerely, Herbert Grench General Manager HG:jg cc: 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 STATE OF CALIFORNIA—THE RESOURCES AGENCY' EDMUND G. BROWN JR., Governor DEPARTMENT OF PARKS AND RECREATION P.O. BOX 2390 SACRAMENTO 95811 (916) 445-4794 NOV 1 2 1980 Mr. Herbert Grench, General Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Dear Mr. Grench: Thank you for your recent letter in support of the Bayfront Bikeway. The Department presented this project at the State Public Works Board's October meeting to offer additional information and evidence of considerable local support available since the project was originally presented to the Board in August. Our next step is to consummate an agreement with the City of Palo Alto for the development and construction of the trail. Once project funds are advanced to the City, work can proceed. Thanks again for your support. Sincerely, Kenneth W. McClellan, Chief Development Division N-5634/35D C-80-23 "-cenber 30,1980 4 -28 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Descri tion L698 $1, 200,000.00 a First American Title Insurance Purchase of Mindy Hill L699 715.90 First American Title Insurance Title Insurance and Escrow Fee-Russian Ridg [700 95.00 First American Title Insurance Preliminary Tjtle Report L701 2,280.00 Rogers, Vizzard, and Tallett Legal Fees L702 1, 800:00 Charles M. Dougherty, A.S.A. SR/WA Appraisal Services 4 I -80-23 -ember 30, 1980 tw-28 Revised t � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Ir Amount Name Description �698 $1, 200,000. 00 j First American Title Insurance Purchase of Windy Hill � 699 715.90 First American Title Insurance Title Insurance and Escrow Fee-Russian Ridg' �700 95.00 First American Title Insurance Preliminary Ti--tle Report 701 2,280.00 Rogers, Vizzard, and Tallett Legal Fees 702 1,800.'00 Charles M. Dougherty, A.S.A. SR/wA Appraisal Services 703 123.00 Petty Cash Office Supplies,Private'. Vehicle Expense, Maps, Postage, and Meal Conference I I I 1 t