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HomeMy Public PortalAbout19860416 - Agendas Packet - Board of Directors (BOD) - 86-09 86-09 AA,A. % A'0]0&0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 SPECIAL, MEETING Wednesday BOARD OF DIRECTORS 375 Distel Circle, D-1 April 16, 1986 A G E N D A Los Altos, California (7:30)* ROLL CALL WRITTEN COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS (7 :45) 1. Appointment of Peace Officers -- D. Hansen Resolution Appointing Peace Officers (7 :50) 2. Final Adoption of Revised Use and Management Plan for Mt. Umunhum Area of Sierra Azul Open Space Preserve -- D. Hansen (8:10) 3. Final Adoption of Interim Use and Management Plan for Surplus Federal Property Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area -- D. Hansen (8:20) 4. Final Adoption of Interim Use and Management Plan for Jamison and Mazor Property Additions to Mt. Umunhum, Area of Sierra Azul Open Space Preserve -- D. Hansen (8:25) 5. Proposed Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area (Lands of North) Resolution Authorizing Acceptance of Purchase Agreement, 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 (Sierra Azul Open Space Preserve - Lands of North) Resolution Authorizing Acceptance of Purchase Agreement, 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 (Sierra Azul Open Space Preserve - Lands of North et al. (8:40) 6. Review of the Use and Management Plan for the Rancho San Antonio Open Space Preserve -- D. Hansen (9:15) 7. Proposed Amendment to Deer Hollow Farm Lease with the City of Mountain View for a Ten Year Period — D. Hansen (9:20) 8. Calling of Special Meeting and Authorization for Board Members' Expenses H. Grench (9:25) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT TO ADDRESS THE BOARD: When an item you',te concerned with appeau on the agenda, the Char. wiU invite you to addAe,6.6 the Bo-axd at that time; on otheA matteA6, you may adx".6 the Board under Out Communication6 . (An attvLnative Z6 to comment to the Board by a W&itten Communication, which the Board app&ecxate,6. ) tach 6peakeA witt otdinatity be timited to 3 minut". When tecog- nized, ptea6e begin by stating youA name and addAess. We teque/st that you out the 6o&m.6 p&ovided and ptesent it to the RecoAding SecAetaAy 6o that yout name and a We6s can be accu4atety inctuded in the minutes. *Times are estimated. Agenda is subject to change of order. NOTICE OF COMMITTEE MEETINGS The Budget Committee will meet at the District office at 4:15 P.M. on Monday, April 14 and Tuesdays, April 22, April 29, May 6, May 13, May 20, and May 27. The Legislative Committee will meet at the District office at 6:45 P.M. Wednesday, April 16. THE PUBLIC IS INVITED TO ATTEND The Regular Board Meeting of April 23 will include an Agreement with the Crippled Children's Society, consideration of questionnaires on policy issues relating to Brown Act, acquisition of lands outside District's sphere of influence, and annexation. A Public Hearing will be held on the ordinance regarding policy for potential use of eminent domain. M-86-39 (Meeting 86-09 Abk April 16 , 1986) ,�,w, , • KC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I MEMORANDUM April 8, 1986 TO: Board of Directors FROM: H . Grench , General Manager RESPONSIBILITY AND PREPARATION : D. Hansen , Land Manager ; J . Boland , Operations Supervisor SUBJECT : Appointment of Peace Officers 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 ( see report R-76-2 , dated January 7 , 1976) . In 1979 , the " limited status " designation which appears in 830. 3( 1 ) was deleted, and a new section , 830. 31 ( b) , became the new "appointing" section under the California Penal Code . Section 830. 31 ( b) is attached . Michael Newburn and Thomas Lausten , the District ' s two newest Rangers , have completed the necessary courses required under the Penal Code . This course completion and the passage of the attached resolution will qualify them as peace officers for the District. i Recommendation : I recommend that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officers , which will appoint Michael Newburn and Thomas Lausten as peace officers pursuant to Section 830. 31( b) 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 OFFICERS The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows : 1 . The following persons are hereby designated as peace officers of the Midpeninsula Regional Open Space District pursuant to Section 830 . 31 ( b) 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 of Use of Midpeninsula Regional Open Space District lands and any applicable federal , State and local laws : Michael Newburn Thomas Lausten . j , PENAL CODE PENAL CODE designated by the Commissioner of Corporations, pro. of (fro protootlon agonuy htetnbors othor than arson vided that the primary duty of these (nveutlgators shatf investigators wllott outing as ponuo offluors shall be bu anfureuntont of thu provitclons of law adin(nlvtured thit onforceinunt of ittwo rulatiltg to fire prevontlon by tho Department of Corporntlotia. Notwititatanditij tnd tiro suppression. ally othor provision of law, the pcucu offlours dosig- (b) Persons doait,natod by a looal agoody its park anted pursututt to this subdivision shall not carry tiro- rangers, and regularly umployod and paid as such, If Urals. the primary duty of any such peace officer Is the (o) Persons employed by the Contractors' State protection of park property and the preservation of the License Board designated by the Director of Consumer peace therein. 1 Affairs pursuant to Section 7011.5 of the Business and (c) Members of a community college police depart- Professions Code, provided that the primary duty of ment appointed pursuant to Section 72330 of the Edu- these persons shall be the enforcement of the law as cation Code, if the primary duty of any such peace of- that duty is set forth in Section 7011.5 of the Business flecr is the enforcement of the law as prescribed in and Professions Code and in Chapter 9 (commencing Section 72330 of the Education Code. with Section 7000) of Division 3 of the Business and (d) A welfare fraud investigator or Inspector, regu- Professions Code. The Director of Consumer Affairs lariy employed and paid as such by a county, if the may designate as peace officers not more than three primary duty of any such peace officer is the enforce- persons who shall at the time of their designation be ment of the provisions of the Welfare and Institutions assigned to the special investigations unit of the Code. board. Notwithstanding any other provision of law,the (e) A child support Investigator or inspector, regu- persons designated pursuant to this subdivision shall larly employed and paid as such by a district attorney's not carry firearms. office, if the primary duty of any such peace officer is S 830.31. Other peace officers the enforcement of the provisions of the Welfare and Institutions Code and Section 270. The following persons are peace officers whose au- (f)The coroner and deputy coroners, regularly em- thority extends to any place in the state for the pur- ployed and paid as such, of a county, if the primary pose of performing their primary duty or when making duty of any such peace officer are those duties set an arrest pursuant to Section 836 as to any public of- forth in Sections 27469 and 27491 to 27491.4, inelu- fense with respect to which there is Immediate danger sive, of the Government Code. to person or property, or of the escape of the perpe- (g) A member of the San Francisco Bay Area Rapid, trator of such offense, or pursuant to Section 8597 or 1hansit District Police Department appointed pursuant 8598 of the Government code. Such peace officers to Section 28767.5 of the Public Utilities Code, If the may carry firearms only if authorized and under terms primary duty of any such peace officer is the enforce- and conditions specified by their employing agency. ment of the law in or about properties owned, opera- (a) Members of an arson-investigating unit, regularly ted, or administered by the district or when purform- empioyed and paid as such, of a fire protection agency Ing necessary duties with respect to patrons, em- of the state, of it county, city, or district, and mem• ployees, and properties of the district, bers of a fire department or fire protection agency of (it) linrbor or port police regularly employed and the stato, or it county, city, or dlAriut regularly paid paid as such by a county, elty, or district othor than and employed as such, If the primary duty of urson pence officers authorized under Soctloti 830.1, and the Investigators is the detoction and apprehension of por- port warden and special .officurs of the Harbor sons who have viotntod any flro law or committed In- Department of the City of Los Angeles, If thu prinutry surance fraud, and the primary duty of fire department duty of uny such peucu officer Is the onforcoment of 2'04 205 ti M-86-40 (Meeting 86-09 ; April 16, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 8, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATIO14: D. Hansen, Land Manager; J. Boland, Operations Supervisor; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of the Revised Use and Management Plan for the Mt. Umunhum Area of the Sierra Azul Open Space Preserve Recommendation: I recommend that you adopt the Use and Management Plan for the Mt. Umunhum Area of the Sierra Azul Open Space Preserve as contained in report R-86-19. I further recommend that you authorize the General Manager to enter into a patrol agreement with the Santa Clara County Sheriff' s Department for the purpose of patrolling unincorporated areas of the Sierra Azul Open Space Preserve for a period not to exceed 15 months, with an interim review period at six months, and at a cost not greater than $10,000 ($2,000 for the remainder of 1985-1986 and $8,000 for fiscal year 1986-1987) . i Introduction: The Use and Management Plan for the Mt. Umunhum Area of the Sierra Azul Open Space Preserve was presented to you at your March 12, 1986 meeting (see attached report R-86-19, dated March 3, 1986) . As discussed at that meeting, a plan has been formulated in cooperation with the Santa Clara County Sheriff's Department con- cerning increased routine patrol and crime control in the Mt. Umunhum Area. At the January 22, 1986 Board meeting, staff presented to you infor- mation on the feasibility of Sheriff' s patrol assistance in the Mt. Umunhum area (see report R-86-11, dated January 16, 1986) . During the discussion phase of the report, three alternatives were reviewed in detail: A) Contracting for "dedicated" patrol service at $85-$90 per officer, per hour; or B) Contracting for program known as "job rate" patrol service at $16. 38 per officer/per hour; and, either separately or in addition, C) Placing a Sheriff' s deputy in a caretaker' s residence in the vicinity of Hicks or Mt. Umunhum Roads who would be available to assist District Rangers as requested during off-duty hours. i J M-86-40 Page two A blend of alternatives B and C appeared to staff to have the best potential for success. Staff was directed to return with a more definite proposal by the second reading of the Revised Use and Manage- ment Plan for the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Discussion: Since the immediate goal is to re-establish order and control on the newly acquired properties along Hicks Road, Mt. Umunhum Road, and Woods Road with relative expedience, staff has pursued a "short form" arrangement with the Sheriff' s Department as an initial step. By using a less formal approach, an abbreviated contract can be placed into effect at the staff level within approximately one month. Then, after working out the bugs and closely monitoring the success of the contract patrol program on an experimental basis during the remainder of fiscal year 1985-1986 and part of fiscal year 1986-1987, staff would return to the Board in six months for an interim review of the contract and then, barring any problems at that juncture, return again to the Board in the spring of 1987 with a recommendation to establish a more formal and comprehensive patrol agreement with the County. In the event of less than acceptable results, staff will recommend seeking out other patrol alternatives. Staff estimates the cost for one year of contracted patrol service to be approximately $8,000. The basic elements of the "short form" agreement are as follows: A. Parties The Midpeninsula Regional Open Space District and the Santa Clara County Sheriff' s Department (contractor) . B. Scope The primary scope of the project would be the unincorporated areas, especially along Hicks and Mt. Umunhum Roads, of the Sierra Azul Open Space Preserve. However, the area could be expanded from time to time to include unincorporated areas of other District sites located in Santa Clara County as specified by the District. Sheriff's deputies essentially would be assigned to patrol District lands for the duration of their shifts, but would remain under the legal and political auspices of the Santa Clara County Sheriff' s Department. C. Typical Patrol Duties 1. Become familiar with access points, problem spots, and property boundaries in project areas. 2. Maintain site presence and circulation as specified by District staff, utilizing County Sheriff' s four-wheel vehicles suitable for off-road use on District sites and allowing motorcycles only on District paved roads. 3. Respond to District-related problems or public emergencies on the outlined project area. 4. Provide informational public contacts regarding the safe, responsible and lawful use of District land and improvements. 5. Enforce District and other applicable public ordinances at the lowest level necessary to insure public safety and to protect the integrity of natural resources on District land. M-86-40 Page three 6. Identify and convey to District staff in a timely manner potential public safety hazards located on District land. 7. Record noteworthy incidents on District land, relay to District staff in a timely manner. D. Training Requirements 1. Only sworn officers who have successfully completed their "field training program" would be assigned to the contract patrol program. 2. District and County Sheriff' s staff would review District site maps and procedural guidelines prior to commencement of the contract patrol program, then conduct periodic reviews and updates as necessary. E. Scheduling 1. Monthly schedules will be submitted to the Sheriff 's patrol captain at least five working days in advance. a. During the months of April through September, deputies will patrol the project areas approximately 16 to 20 hours per week with a strong emphasis placed on weekend coverage and with intermittent weekday afternoon coverage. b. During the months of October through March, deputies will patrol the project areas approximately 8 to 12 hours per week, or on an as-needed basis, weather permitting. 2. Deputies and District Rangers may patrol together in District or County vehicles during the initial phases of orientation and site familiarization (up to 25% of the time) ; howeverk the long term goal is to minimize the number of combined officer and Ranger shifts, thereby reducing the amount of duplication of personnel resources. F. Com2ensation 1. The District would compensate the Sheriff' s Department at a rate of $16. 33 per officer per hour (4 hour minimum) plus $0.35 per mile until September 21, 1986 . 2. After September 21, 1986 the District would compensate the Sheriff' s Department at a rate of $17.25 per officer per hour plus the same vehicle rate for the remainder of fiscal year 1986-1987. 3. Deputies subpoenaed to court for District-related business would be compensated at a time and a half rate with a three hour minimum. 4. Any and all personal claims by participating deputies re- garding compensation or damages for illnesses or injuries sustained while traveling to and from or performing duties upon District lands would be handled completely bythe County solely at County expense. 5. The District would make payment for patrol services rendered within 30 days after receipt of official monthly invoices. Funds are currently available to cover this fiscal year' s costs. However, funding for fiscal year 1986-87 should be included in the current budget deliberations. M-86-40 Page four G. Indemnification Each party would agree to indemnify and hold harmless the other, their employees, agents, officers, and respective elected Boards from any damage resulting from any and all negligent acts caused by the other party. H. Termination The duration of the agreement would not extend beyond June 30, 1987 without mutual written consent by each party, and could be termi-- nated without cause by either party upon 30 days written notice. Resident Caretaker/Deputy At the present time there are no District owned residences located in the Mt. Umunhum-Hicks Road area which could be utilized as a caretaker's residence for a Sheriff's deputy. In the event a suitable residence does become available, staff will return to you at that time with an appropriate recommendation. Protective Barriers In response to the numerous reports of illegal activities occurring on or near the Bald Mountain addition (former Jamison property) , staff has initiated a contract to install approximately 250 feet of sturdy guard rail and pipe gate along the Mt. Umunhum Road frontage adjacent to the problem area. Also, in response to input from Mt. Umunhum neighbors, staff will be attempting to fence off vehicle access points to the network of fire breaks cut by the California Department of Forestry in July, 1985 during the Lexington Hills fire. It is anticipated that all approved fence and guard rail installation will be completed by the end of May, 1986. R-86-19 %q (Meeting 86-06 »N) March 12, 1986) 07 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March .3, 1936 aO: :ard of Directors rRG'i: C. Britton, Assistant General =lanager RESPONSIBILITY AND PREPARATIOP;: D. Hansen, Land 7.1anaaer ; D. Woods, Open Space Planner SUBJECT: Mt. Umunhur, Area - Sierra Azul Open Space Preserve Use and Management Plan Review Introduction: The following is a review of the Use and Management Plan for the Pot. Umunhum Area of the Sierra Azul Open Space Preserve. The emphasis of this review is on the incorporation of Use and r-:anagement recommendations for the Federal Surplus Property at Umunhum and Mt. Thayer, the acquisition you have just previously considered, into the Use and Management Plan. It is also a consoli- dation of recommendations approved for various additions to the Preserve which have occurred since the last review. Other reports you may wish to reference include: c Manzanita Ridge Open Space Preserve Use and Management Plan, report R-83-45 of November 1, 1983; c Proposed Addition to Sierra Azul Open Space Preserve, Mt. Umunhum Area (Mariscal property) , report R-83-51 of December 8, 1983; o Proposed Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve (Clifford property) , report R-84-46, of November 7 , 1984 ; c Proposed Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve (Barlow property) , report R-84-52 of December 5, 1984 ; a Proposed Addition to Mt. Umunhum Area of the Sierra Azul Open Space Preserve (Lands of Stour Investments, Inc. ) , report R-85-09 of .-ebruary 6 , 1985; c Proposed Addition to Mt. Umunhun Area of the Sierra Azul Open Space Preserve (Lands of Oden) , report R-85-39 of July 24 , 1985; c Proposed Addition to Mt. Umunhum Area of the Sierra Azul Open Space Preserve (Baldwin-Wallace College Property) , report R-85-53 of _,ovember 8, 1985; o Proposed Jamison and ,Mazur Property Additions to the Sierra Azul Open Space Preserve, Mt. Umunhum Area, report R-86-17 of February 20, 1986; e Information Regarding the Feasibility of Sheriff' s Patrol Assistance _n the Mt. Umunhum Area at the Sierra Azul Open Space Preserve, report R-86-11 of January 16, 1986 ; R-86-19 Page two o Proposed Addition to i-,it. Umunhum Area of Sierra Azul Open Space Preserve, Federal Surplus Property on Mts . Umunhum and Thayer, report R-86- 20, dated March 6, 1986 . Site Use : The 2,285 acre Preserve (excluding the Federal Surplus Pronertv) has received relatively little recreational use due to its remoteness , Poor accessibility, and fragmented trail system. A few hikers , bicyclists, and equestrians use portions of the Preserve in conju-ction with trails and adjacent private properties. This is offten dcne without permission. of the private property owners. There is a wide history of illegal activities occurring on various port-ions of: the Preserve and the severity of the crimes appears to have Increased over the past few years. The worst Problems are primarily associated with the use of the unrestricted section of Loma Almaden Road and Hicks Road. Because of its remoteness and the low level of patrol surveillance the road area attracts illegal hunting and shooting, careless driving, camping and campfires, and drug related activities. The seriousness of these problems has been emphasized both publicly and privately by both the neighbors and the local law enforcement officials. Planning Considerations: In February, staff held a neighborhood public workshop at Mt. Umunhum to introduce neighbors to the District' s planning process and to invite public comments on the existing and potential use and management of the Preserve. In addition to District staff, there were representatives from the California Division of Forestry (CDF) and the Santa Clara County Sheriff' s Department who addressed concerns regarding fire and police protection. The meeting was well attended by approximately 80 local residents and absentee property owners. The discussion centered primarily around the neighbors' fear that the encouragement of public recreation in the Mt. Umunhum area will compound the existing threat to their privacy and safety. This fear is based on the fact that they are experiencing an increase in public trespass, in the amount and severity of crimes, and ongoing danger from wildfire. At the same time, they feel they are currently not receiving adequate levels of service from the District on District lands, the Sheriff' s Department on all law enforcement matters, and from CDP and are therefore skeptical that these agencies can properly manage the problems that may be associated with increased recreational use. In response to these concerns, some management ideas were introduced for consideration. They included: 1) a Sheriff' s residence program whereby response time can be improved and a continual site presence can be offered; 2) a District Ranger residence to help increase surveillance on District lands; 3) a security program associated with the proposed university conference center or other uses that might be associated with the site; 4) an active and ongoing fuel management plan which may include housing conservation work crews at the Mt. Umunhum facility; 5) an aggressive education program to counter misuse- and 6) a -plan for controlled use of the Loma Almaden Road. R-86-19 Page four C. Structures and Imorovements 1. TnStallation of guardrails to curtail off-road vehicle use will occur at the former Mariscal property directly west of the neighborhood road easement and adjacent to the upper gate on the former Barlow property where an emergency fuel break was graded. D. Site and Visitor Protection 1. Staff will seek to hire the present caretaker on an interim basis to oversee the buildings and maintain the roads. This would include a possible live-in night-time guard as well. Upon completion of the San Jose State University feasibility study and based on its conclusions, the responsibility for providing a caretaker will be re-evaluated. 2. Staff will continue to work with the Sheriff to formulate a recommendation regarding increased patrol and surveillance in this area, and return to the Board with a proposal at the time of the second reading of this Use and Management Plan. Recommendation. I recommend that you tentatively adopt. the revised Use and Management Plan for the Mt. Umunhum Area - Sierra Azul Open Space Preserve as contained in this report. The recommendations for final adoption of this Use and Management Plan will return to you at the same time as the final adoption of the Interim Use and Management recommendations for the Mt. Umunhum purchase. It is currently projected that this would occur at the April 23 Regular Meeting. R-86-19 Page three These consideratioris will be folded into the proposed Master Plan process which is expected to occur over the next two years. The planning process would be initiated by a six month study to be con- ducted by the School of Business at San Jose State University to determine the feasibility of developing a conference center' at the former air base. The study will be followed by a comprehensive site Planning phase which will encourage public involvement, both regionally and locally. Use and Management Plan: A si=izary chart has been attached outlining all e-xist-i -na and proposed site projects and expenditures (see Exhibit A) . The discussion below focuses specifically on newly proposed projects for the next two years (as contained in the acquisition report R-86- 20, dated March 6 , 1986) . These new projects are listed on the attached summary chart with scheduling and budgeting information. The status of existing plans are also noted on the chart and will be addressed in more detail during the staff presentation. The District should proceed with planning for the site in accordance with Exhibit B attached. This outline was the agreed procedure when District staff worked with San Jose State University representatives at the request of the Federal General Services Administration. Fol- lowing receipt of a six-month feasibility study from San Jose State University School of Business, District staff will return to you for authorization to proceed with request for proposals for the preparation of a Master Plan for the Mt. Umunhum Area. The following Use and Management recommendations should be added. A. Access and Circulation 1. The upper portion of the Preserve (Federal Surplus property) will remain closed to the public except by special permit during the two year planning study. 2. The lower portion of Mt. Umunhum Road (below the existing neighbor' s gate) will remain open during the two year planning process. The future use of the entire road and issues re- lating to public needs and the legal nature of public rights will be an integral part of the Master Plan study. 3. In cooperation with the neighbors' endeavors to curtail illegal activities on the upper portion of Mt. Umunhum Road, the District will assist in the maintenance of the gate and surrounding area near Bald Mountain. This recommendation is viewed as a temporary measure during the preparation of the Master Plan and would not have bearing on any proposed public uses of the road that may result from this plan. 4. Staff will explore the possibility of entering into an interim road maintenance agreement with the neighbors to keep the Mt. Umunhum Road maintained for ingress and egress during the two year planning phase. II B. Signs 1. The upper portion of the Preserve (Federal Surplus Property) will be signed with "Area Closed" signs during the two year planning process. Exhibit A U; , AND MANAGE21ENT PLAN SUMN--f A. NEW USE AND KkNACEMENT PROJECTS %OW--BEING CONSIDERED Funding Anticipated Funding Project C Proposed Site Projects FY 85/86 FY 86/87 FY 87/88 Schedule Project/Funding Notes Mt. Uriunhum (nending final adoption) 1. Initi-ate `1-U-ster Plan 18,000 25,000 Fa 86 Project to start 9/86 2. Contract caretaker (7,500) 35,1 000 Sp 86 May be modified 9/86 3. Signs,/Z-en .closed (300) Sp 86 4. Interim, road- maint. 1,000 Sp 86 Pending neighborhood agree-,.ient agreement 5. Cooperative patrol 8,000 Su 86 Pending further Board agreement review 6. Guardrail-Barlow 700 Fa 86 7. Guardrail-Mariscal 1,000 Fa 86 25,800 70,700 B. CONZIPLETED EXISTING USE AND MANAGEMENT PROJECTS Funding Anticipated Funding Project Proposed Site Projects FY 85/86. FY 86/87 FY 87/88 Schedule Project/Funding Notes 1. . Signs-boundary 100 Fa 85 Partially complete 100 Changing to metal C. INCOMPLETE EXISTING USE AND MANAGEMENT PROJECTS Funding Anticipated Funding Project Proposed Site Projects FY 85/86 FY 86/87 FY 87/88 Schedule Project/Funding Notes 1. Site clean-up-McCoy 500 Fa 86 Project I & 2 to be combined 2. Site clean-up,Baldwin 3,500 Fa 86 3. Secure well & pit-1qcCoy Fa 86 4. Signs-Boundary,private 400 500 Sp 86 Partially complete property 5. Gates (2) - Oden 1,400 Fa 86 Change easterly gate to guardrail 6. Gate/guardrail-Jamison 2,000 Fa 86 7. Gate-'Iazor Not needed atthis ti-i 8. Bdrrier-Stour 150 700 Fa. Relocate with adjacent owner's permission 550 8,6 0-0 D. A3\NUAL USE AND MANAGEMENT MAINTENANCE PROJECTS Funding Anticipated Funding Project Proposed Site Projects FY 85/86 FY 86/87 FY 87/88 -Schedule Project/Funding Notes 1. Sign maintenance 150 1,000 2. Road maintenance 250 3,000 3. Gate/fence niaint. --12-000 400 5,000 Fir)"s not specifical.1%, in budget I J�\,\'! } N 'lF I t,j• S `115 t \ �� t I it �61 `.)�(. ' K } )��t {� i.IJII}��'1 1 'Fy, (' . 1 �ii».4/p.i •+ F',�d4 Jl;{l Alt, {(t �¢ -, �.;,� ' V��• `\. (. /�,/!'( r'.r •ram_./r 7 M `A �� }��\ C_ 'IZ'�, I �' ' � :,1 , 1r\• pU/J)t ,�,)) O /�}I ����\i, � r I r -•INt+r!- '� ,�l S . 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'\ y� •1 ` ,, } f ` .-_ -�~--/. - r••... l'IJ lrr-( / : ai - ,; \, t/ - ,ri/�ii ti, l ..f J� ,c �,�p,. � 1., ht�:;v .. -�`/ `(� •1 1✓' i)I•f;,�Gate rt \ .R'F t •,���,��. \ i •1 \ =?dGO,lt\ ��%` !u.� t .. �'��, '`` ,�-)''' i' :! '�9n `t' "ail tr'` I C.I'.1/�~ / �l\ � \t;:�•� '\ Il �,' F4 \t• Gate < hr- � ) } I'V\' :\11 y,t /f ��(I!/(•1 ^t�\ ./. -�1 ); \` __ �� �\'�!i ''\` st^-`ti•..�1iyt�.•�t�ff(' w •1W ,.� -I �t �tt� �-{-l;\.�--5_/'. ;.! J..'•, �x,^`'��.,^ ..y�� !i/� � ;.i�/(j.,f'�; ':'\ i�• -- r ';�' J F'f( .� \� � ��' 'tlr..--�. �JI�i ?j �\�` />. '�_� � � w \.� 1 "`C,.:.•;. 'f / _� �--�� �i i-;."i\` I Jo (f I( -%��\ / �. It (�l;f`•.J r �. i;v��� ,�. -J�~_� �:'� ;�v w !(( '�; ''-�f!v r}1 t f ��,e�0' ,i' '�t,l(/•l` �J1�(�t:�/ t'►/,lJ; ! \1 ,� Ir- ��;'h `,�.� C` «f��.-".''-':"1 �1��.� � I- -� -�:-\j 1� 1,' o r• _- t�/ ��G`.\ F 1�. _ ``/1/� l{I�I.:� ,%' iJl1r(r � ,____: C. �, llj.J� /- ':r1� )i�- I`?. I 1 li} V nf(I 1\\�\ ° '1 l• �t�..•:.\\.\\L� Ih` r1 J�f\` �(�f �F, -� /. Mt. Umunhum �} � 151 1, ��C v�l �o ���=� `" �t, it�(� r J'(/ JUtif� RrIU/� r :,�. ,IS f(!/?TI l�j ( i l r�JEy, /'• -'/'\ti,./ ! �� �ry� rn. �...`.�:� C7..+ ate L. .!•1j:�1, ' '�f• ~� � •i,� �J i� 1` \`\ i,� ,j! / ,r.i N, `v ��:%. � ` o�,}).����.�,P,y..rs!'�r �� � .\ '/•'�lrtil�` t! -f�°L `\\ �� r^ i i •f r�'�'`\...'%� '/ 'u �• �-� �\ ,1-.i 11 n SIERRA AZUL OPEN SPACE PRESERVE ''= "� ��� ! ��o • ����..; � �ll MT. UMUNHUM AREA Q Guard rail location SCALE 1" = 20001 NORTH Exhibit B November 14 , 1985 C -. -2 for Inclusion of San Jose State University in ?lannirig Process Tor Almaden Air Force Station 1 . ::id_ n: -sula Regional open Space Dist rict P ric' . _ to t�.on of the form, A �� proceed with the lsraden Air . Force Station from the Government.- t. 2. Sar. J.--se State University School of Busi Hess to commence or upon acquisition by the District feasibility a t utilizing some or all of the existing buildings and facilities for a retreat and seminar facilityy. Wou �' minimally include such, items as: cost of refurbishing the existing buildings and facilities, the need or proposed need to build additional facilities, the long-term costs of operation and maintenance of the facilities including road and utilities costs, and a projected balance sheet of income V. expenses, and estimates of level of use. A written study dc-_=ent would be completed within six months of District* - acc--isition of the site and made available to the District_ 3. Dist-rict to provide for an interim caretaker of the site to discourage trespassing and vandalism during the initial six mon-h study period. Caretaking responsibilities would be re-evaluated after the San Jose State University School of Bus�-ness study to determine the actual level of. stewardship nee:ieu and the proper agency to handle the on-site respon- sibility. 4 . District to commence, upon completion of the University study, with a planning study _to take no more than 18 months to corn- plete, including public workshops, on any and all proposed or contemplated public recreational or educational uses or com- mercial (e.g. ,' antennas) uses of the existing buildings and facilities . A written study document could be made available to the University upon completion. 5. The District's study would evaluate the University analysis in relation to the visual or other impacts on open space values and other proposed uses of the site relative to the District' s Basic Policy and the District's site specific study. 6. The final decision (s) regarding public use of the site and disposition of the existing buildings and facilities -would be :trade by the District Board of Directors at a public hearing (s) based upon the studies provided by the District and San Jose State University and the testimony presented at the public hearing (s) . 7. Until a final decision is made, the District would not demolish or attempt to change the nature of the improvements or facilities in any way except to provide for interim caretaker facilities or use or to protect public health and safety without written pe=fission of San Jose State University School of Business_ M-86-41 (Meeting 86-09 April 16 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I MEMORANDUM April 10, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of Interim Use and Management Plan for Surplus Federal Property Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area Recommendation: I recommend that you adopt the Interim Use and Management recommen- dations as contained in Report R-86-20, name the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area, and withhold the property from dedication as public open space. Discussion: At your March 12, 1986 meeting you approved acquisition of the surplus federal land at the summits of Mt. Thayer and Mt. Umunhum (see attached report R-86-20, dated March 6, 1986) . Escrow was originally scheduled to close on March 31 but was extended an additional thirty days by the federal government to enable them to explore the removal of several on-site underground tanks as is required in the disposition process of federal surplus property. Escrow is now scheduled to close at the end of April, 1986. Although escrow has not yet closed, the Land Acquisition Public Notification Pro- cedures (see memorandum M-83-106, dated August 31, 1983) , have been adhered to in that adjoining owners were notified of the acquisition. I wished to bring this second reading back at the same time as the second reading on the Sierra Azul Open Space Preserve Use and Management Plan review (see Memorandum M-86-40 dated April. 8, 1986) . Staff has received no public comment on the acquisition since the initial hearing. Favorable discussions have been held with an eye to retaining the current care- taker and contracting with a potential live-in night caretaker. The current caretaker has overseen the property for a number of years and knows the facilities and neighbors intimately. He does not live on-site and would be retained on a month to month contract to allow District Rangers a chance to learn all they could about the site and facilities. In addition, he would aid with building and gate security and sign installation as well as overall daytime site surveillance. The caretaker costs for a six month period are not expected to exceed $8,000 and funding for the remainder of the 1985-1986 fiscal year is included in the current budget. The potential night-time and live-in caretaker is a Pacific Bell engineer who works in the Mt. Umunhum area. He and his family would live in one of the units on site and as compensation would aid with night and weekend site surveillance. The care- taker would have direct contact with the County Sheriff's office and District Ranger staff. ° R-86-20 a (Meeting 86-06 March 12 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 6 , 1986 TO: Board of Directors FROM: C . Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION : D. Hansen, Land Manager; D. Woods, Open Space Plan ner; A , Cumming s Environmental Analyst; M. Gundert, Associate Open Space Planner SUBJECT: Proposed Addition to Sierra Azul Open Space Preserve, Mt. Umunhum Area Surplus Federal Property on Mts. Umunhum and Thayer Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Reaffirming the Purchase of Real Estate and Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Docu- ments Necessary or Appropriate to the Closing of the Transaction (Almaden Air Force Station--Mt. Umunhum and Mt. Thayer) . I also recommend that you tentatively adopt the Interim Use and Management Plan discussed herein, including authorization for staff to negotiate and execute interim communication facilities leases, indicate your intention to withhold this property from dedication, and name the property as an addition to the Sierra Azul Open Space Preserve. Introduction: Over the past four years a series of reports have been presented to you on the proposed acquisition of the surplus federal property at the top of Mt. Umunhum and Mt. Thayer. To summarize: January 27, 1982: You authorized the General Manager to pursue a public benefit conveyance of the surplus federal lands commonly referred to as the Almaden Air Force Station on Mts. Umunhum and Thayer (see report R-82-8 of January 22 , 1982) . December 8 , 1982 The General Services Administration (GSA) denied request for public benefit conveyance but encouraged a direct negotiated purchase. January 26 , 1983 : You authorized the General Manager to commence nego- tiations for purchase (see report R-83-4 of January 20 1983) . Auqust 10, 1983 : You approved an offer to purchase the federal surplus lands for $260 ,000 (see report R-83-87 of August 4 , 1983) . l R-86-20 Page two January 11, 1984 : You authorized execution of the revised offer to purchase surplus federal lands at a cost of $260,000 . Easement interests in 16 . 78 acres of adjoining land were eliminated from the contract (see report R-84-1 of December 30 , 1983) . Present: Administrative delays at GSA have extended the project to this time. The offer to purchase was accepted by the GSA on January 27 , 1986. However, due to the length of time which has elapsed since you authorized acquisition of the former Almaden Air Force Station, this report will summarize the current conditions of this acquisition. A. Description 1. Size, Location and Boundaries The acquisition consists of two separate segments: the Almaden Air Force Station atop Mt. Umunhum and the Ground Air Transmitter Receiver (GATR) site, one mile to the east of the summit of Mt. Thayer. Portions of the District' s 21.25 acre Mt. Umunhum Area of the Sierra Azul Open Space Preserve adjoin both segments (see attached map) . The Main Installation (31 .78 acres) and Ground Air Transmitter Receiver Site (11 . 94 acres) total 43.72 acres in fee plus perpetual easements on Mt. Umunhum Road, a paved two-lane road providing access from Hicks Road to the summit of mt. Umunhum. This region of the Santa Cruz Mountains , known as the Sierra Azul Range, is high and rugged, supporting a near wilderness environ- ment within 30 minutes of either downtown Los Gatos or San Jose. The summits of Mt. Umunhum and Mt. Thayer measure 3486 and 3483 feet, respectively. Both are highly visible from the Santa Clara Valley, and would be the highest elevations of any District lands when acquired. Mt. Umunhum is considered one of the few sacred mountains to the early native Americans and Umunhum itself means hummingbird in Ohlone. 2. Topography, Geology and Natural Landscape The property offers a magnificent 360' view, which on a clear day, can range all the way from Monterey Bay and the Pacific Ocean to the snow-capped Sierra Nevada. The watershed slopes easterly to Guadalupe Creek, northerly to Rincon Creek, and southerly and westerly to Lake Elsman via * Hooker Gulch and Austrian Gulch. Some 3000 acres of watershed lands in the Los Gatos Creek area, managed by the San Jose Water Works Company, lie in close proximity to the southwest. The Los Gatos and Maymen soil type is found on the 50% to 75% slopes. The ridge top location is underlain by some of the most stable bedrock in Santa Clara County. R-86-20 Page three The site itself has been so heavily developed that little original vegetation remains . The Lexington Reservoir fire of July 1985 burned to the border of the building area on to the southwest. The surrounding ridges to the east are covered with a chamise and manzanita chaparral community, interspersed with Digger and Knobcone pines. The lower slopes contain pockets of bay trees and mad rone in moist gullies. These habitats are attractive to mountain lion, bobcat, fox , coyote , feral pig, deer, rabbit, raccoon , rattlesnake , and numerous species of birds. B. Current Use and Development The property was last used as a radar facility in 1980 . Several leases for communications and other purposes have been allowed on the site since the radar station closed. All leases have been ter- minated by the Federal Government under a 30-day cancellation pro- vision in the leases (licenses) . Many of these tenants have contacted the District about continuing to utilize the premises for communica- tions facilities. The Main Installation is improved with 57 buildings. The radar area accounts for 45 of these buildings , typical of a military radar site with ancillary recreational facilities. The largest building, a five story radar tower, dominates the summit. The total square footage of all of the buildings is 72,274 . The Family Housing Area designation occupies 4 . 3 acres of land, improved with 12 buildings , eight of which are housing structures containing a total of 27 living units with carports. These housing units are in fair, ready to use condition except for utilities and deferred maintenance. Both the housing area and the main installation have related sidewalks, roads, parking, inoperative utility systems, and some personal property items such as refrigerators and stoves. Water for the site has in the past come from natural springs in Austrian Gulch, under a lease arrangement with San Jose Water Works. This lease expires upon transfer by the Federal Government; hence, acquisition of the property does not include these water rights. Possibilities for providing water do exist as there is an existing spring on the former Oden property nearby and a well could also be drilled on site or possibly a lease negotiated to continue the current system. However, this system was damaged during the recent Lexington Reservoir fire. Construction of a fuel break/fire line broke several hundred feet of pipeline. In addition, at the present time, electrical services are disconnected to all but one building. Services to the remaining buildings were disconnected at the main fuse box several years ago . The sewage , disposal system on the site was last inspected in 1981 and is cur- rently considered inoperable. When the system was last inspected, the County Environmental Health Services Department concluded that the system could accommodate a population of up to 225 persons. R-86-20 Page four - Access to the site is via Mt. Umunhum Road, a paved, two-lane road which was acquired, constructed and maintained by the Federal Govern- ment to access the air base site. From the mid-sixties to 1980, the road accommodated the passage of the 100+ employees and residents of the base, as well as supplies and materials to support the base population and operation. During that time Mt. Umunhum Road was resurfaced every few years with the last resurfacing completed in 1980. It was always kept open at that time with security gates near the Air Force facility although trespass warning signs were located near the Hicks Road intersection. The road is not within the County maintained road system, but the County Sheriff 's Department has con- tinued to take the position that it is a public road. At the current time it is slowly deteriorating, with sluffing banks and potholes developing. Little if any maintenance is carried out on the road. In addition the Road is now gated at three points: approximately one-and-one-half mile southwest of the Hicks Road junction, on the ridge about a mile from the Station, and at the entrance to the Station. The two upper gates were installed by the Air Force. The lower gate was installed in May, 1985 by residents along upper Mt. Umunhum Road in an attempt to block trespassers and the illegal and dangerous activities problematic to the area. Mt. Umunhum Road passes through the center of the Main Installation and branches up to the radar site and down to the family housing area. A third branch leaves the west side of the property and connects with the sewage pump house and water supply in Austrian Gulch. This road is graveled and passable by ordinary vehicles as far down as the pump house. San Jose Water Works has previously granted easements on this road. A trail continues on down through Austrian Gulch to Lake Elsman, where it joins the road from Wright ' s Station (along the Los Gatos Creek Corridor) . At the western boundary of the Station, the main Mt. Umunhum road crosses private property and continues on up to the summit of Mt. ThayE The Air Force maintained an easement on a lease basis to Mt. Thayer via this route which has since terminated. Access to Mt. Thayer is possible via Soda Springs Road, a public road which approaches the property from Lexington Reservoir. There is also the possibility of negotiating with the adjoining owner to perfect rights from Mt. Umunhum to Mt. Thayer along the existing road. C. Planning Considerations In their County wide general plan, Santa Clara County has redesignated Mts. Umunhum and Thayer as "Other Public Open Lands" rather than "Major Public Facility, " in order to make the zoning consistent with the General Plan now that the Air Force Station has been abandoned. This means if public use is not possible, the low density residential zoning prevailing in surrounding private mountain lands would be initiated for the property (i.e. , "HS" , limiting potential lot sizes from 20 to 160 acres depending upon a slope density formula) . R-86-20 Page five Preliminary discussions with County planners indicate this new zoning would be compatible with low intensity recreational use in the family housing area. Open space use of the property is in conformity with the General Plan designation. San Jose State University School of Business has expressed an interest in use of the building site as a retreat and seminar facility. An outline for inclusion of San Jose State University in the Planning Process for the Almaden Air Force Station is attached (see Exhibit B) . To sur-marize, the outline states San Jose State University will con- duct a feasibility study for use of some or all of the buildings as a retreat and seminar facility. This study should be completed within six months after District acquisition of the site. once complete, the feasibility study will be presented to the District and a con- sultant hired by the District to prepare a Master Plan for the site. The Master Plan will investigate potential public recreational , educational and commercial uses of the site. The remainder of the Sierra Azul Open Space Preserve, Mt. Umunhum, Area will be included in the Master Plan. The planning process will include public work- shops and hearings and should take approximately two years to complete from the date of acquisition. D. Potential Use and Management The Master Plan will serve as a guide for the development of the entire Mt. Umunhum Area. The Plan would generally consider such topics as : public access, uses of the building area and surrounding open space lands, salvage/demolition of the buildings or their restoration and further development, wildfire and off road vehicle protection, etc. The planning process, which would include the San Jose State University Feasibility Study and Master Plan will be completed as mentioned in two years. A caretaker will be hired to oversee the building area until the plan is complete. As noted in the outline for the University Study, the responsibility for caretaking duties would be re-evaluated after the initial feasibility study is completed. E. Interim Use and Management Recommendations The Interim Use and Management recommendations contained in report R-84-1 follow. They were tentatively adopted at your January 11, 1984 meeting. These recommendations should be deleted and a new set of recommendations formulated. DELETE: 1. A RFP for development of a Master Plan should be written to solicit proposals from planning firms to determine future use and management of the site. A firm would then be hired to prepare the Master Plan as soon as the property was acquired. Since the estimated costs are in excess of $5000 , staff would be returning to you for final approval . 'R-86-20 Page six 2. Staff -,,7ill pursue the Possibility of hiring the present caretaker 7 - to oversee the property and maintain the roads . The amount of $35 , 000 is included in the Resolution before you for this pur- pose. This would include the hiring of a night guard as well to on site and assist the caretaker in security and maintenance for :.he first year. 3. Preserve boundary and trail signs should be installed where appropriate. "Area closed" signs should be posted around the h_ulldings during this interim period. Estimated costs are $300. 4. The upper two gates should remain locked on the main access road during the interim period of Master Plan development. The feasi- bility of adding a lower gate on the access road should be re- searched in order to lessen access by vandals driving to the site. Staff should work with adjacent property owners on I joint road maintenance and security. Estimated costs for road maintenance and new gating are $5000 . 5. Other existing roads should be maintained for patrol purposes , including the road down Austrian Gulch to maintain the water system. Estimated costs are $1000. 6 . The site should be open to hikers and equestrians who can gain access up the main road and/or through adjacent private property. An interim trail route should be developed and signed so visitors can pass through the property well away from the buildings. Estimated costs are $200-. 7. The inspection of the family housing area and other buildings by interested compatible groups should be pursued during the interim period. The following Use and Management recommendations should be substituted: 1. The District should proceed with planning for the site in accord- ance with Exhibit B attached. Following receipt of a six month feasibility study from San Jose State University School of Business, District staff will return to you for authorization to proceed with request for proposals for the preparation of a Master Plan for the Mt. Umunhum Area. 2. Staff will seek to hire the present caretaker on an interim basis to oversee the buildings and maintain the roads . This would include a possible live-in nighttime guard as well . Upon com- pletion of the San Jose State University feasibility study, and based on its conclusions the responsibility for retaining a ' District caretaker will be re-evaluated. Cost for hiring six- month caretaker help is estimated at $15 ,000. 3. The area should remain closed until a final determination 'is reached on the buildings . "Area Closed" signs should be posted as appropriate. Cost is estimated at $300. R-86-20 Page seven 4. The lower portion of Loma Almaden Road will remain open during the two year planning process . The future use of the entire road and issues relating to public needs and public rights will be an integral part of the Master Plan study. 5 . In cooperation with the neighbors' endeavors to curtail illegal activities on the upper portion of Loma Almaden Road, the District will assist in the maintenance of the gate and surround- ing area near Bald Mountain. This recommendation is viewed as a temporary measure during the preparation of the Master Plan and should not have bearing on any proposed public uses of the road that may result from said plan. 6. Staff will explore the possibility of entering into an interim road maintenance agreement with the neighbors to keep the Loma Almaden Road maintained for ingress and egress during the two year planning phase. F. Name The site should become an addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area. G. Dedication The property should be withheld from dedication as public open space until completion of the Master Planning study. H. Terms The original offer to purchase made by you on August 10, 1983 was accepted by the Federal Government on January 27 , 1986 (the original offer had been extended on numerous occasions) . As a part of that offer the District forwarded $26 ,000 as an earnest money deposit (10% of the $260, 000 purchase price) and is now a party to a binding agreement to purchase this property. This is not the usual case, as the District ordinarily accepts offers made by a property owner and could therefore decline to purchase without penalty. However, if you declined to proceed at this time with the purchase for any reason, the District would forfeit the earnest money deposit. Under the terms of the offer, the Federal Government is to give the District a 30-day notice to complete the purchase. Since this notice was forwarded to the District as of January 27 , 1986 it would have been necessary to close escrow by February 27 . Because of the complexity of the management plan associated with this acquisition, the District has requested a 32-day extension (until March 31 , 1986) . This extension has been granted on the basis of the District paying 10. 625% interest on the unpaid balance ($234 ,000) or $2 ,210. 01 for the 32-day period. This amount would be prorated upon earlier close of escrow. R-86-20 Page eight The District has been contacted by many of the parties having commu- nications facilities on the site under license with the Federal Government. As mentioned earlier in this report these agreements contain a 30-day cancellation clause and all licenses have been can- celled accordingly. At the time you originally approved the acquisi- tion of this property, it was mentioned that Mt. Umunhum and Mt. Thayer might be ideal sites for communications facilities and the income to the District could help to defray the acquisition costs and maintenance and managment of the public recreation facilities in the area. Since the District is embarking on a two-year study of the site, a final decision on the possibility of continuing the communications facilities leases has not been made and will depend upon your final determination of the activities that the site may support. It is therefore in the District' s best interest to continue the existing communications facilities leases for the next two years pending the results of the planning study. Such leases should include a 30-day cancellation pro- vision as they did under Federal management. Please contact the District office if you want another copy of the Offer to Purchase Real Estate and Acceptance Agreement to review. Copies of the Agreement are available at the District office for public inspection. j EXHIBIT "B" NIIDPENI.NSu'LA REGIONAL OPEN SPACE DISTRICT I 375 DIS_E;-C.I?CLE„SUITE D.i,LOS ALTOS.CALIFORNIA 94*022 i (4:5)955-4717 14 , 1985 i F•;arshal1 Burak, Dean School of Business San Jose State University BT 950 One Washing ton Square �g San Jose, California 192-0065 I Subject: Almaden _r Force Station, Mt. Umunhum i Dear Mr. Burak : As promised du ing our October mew I� have enclosed copies of research ma erial from ounty of Sa a Clara prepared when the subje t sit s being considered or a minimum security prison acility. I hope you will find some of this information helpful in formulating your t oughts as to the desirability of this site for a retreat nd seminar facility. After further considering the subjec of our meeting, I have developed an outline of -a possible operative effort that co uld be con sidered relative to t study of the suitability of the former Air Force facility for public recreational and educational use. While we riginally discussed a memo- randum of understanding, I th ght that a more general outline of our intentions might suffice. If you approve, this outline would be formally adopted the District Board of Directors as a part of the final ac isition process . I look forward to youromments and ideas on this matter. Sincerely, N Grench General Manager HG:cac Enclosures cc: Peter G. Hebert, Director Real Property Disposal Division, GSA Rod Diridon, Board of Supervisors Santa Clara County P.S. : f Chuck De Suitt Director of Justice Services for the County of Santa Clara is very knowledgeable about the site and I am sure he would be willing to discuss the various aspects of site utilization. "•Y.e'aert A.GrenCh .General t.fan�ger Board of Directors Katherine Duffy.Nonette G.Hanko.Teeny Nenghaw.Richard S.RiShol,Edeard G.SheUPY harry A.Turner,Danief.G.Wandin.._ � 'M '1 o m b. os d.\�`�1( �{" _ 1�� »:° < . li �� (\ \ - I��l _ ``,� ` `, �\I!�l'Gu I _�5�� ��lV`��1\\ a. J Lr •' 74 r }t ;{ ;J{�1� 1 ') t~� ��` �r r 00, op 4-1 -31 �i tom:__ ,- 1 • � ' ' , r it (.. a,.f j� Ground Air Transmitterr Retriever (GATR) Site (11.94 acres) � 2y, .�/ R` To Soda',,,"' c � Road �� �_�� .� ;>,�� =-•'.'"} ��; >> Gate ' `, C - _a _ � •,r/ � ...t -sob r Y Oil� ain Installation-Radar ` ` i 'I J x r land Family Housing Area • „ ;1F = ! - - � `: -f (31.78 acres) Umunhum P.oad ` ry Gate 16' ry EXHIBIT °p„ SIERRA AZUL OPEN SPACE PRESERVE MT. UMUNHUM AREA SCALE 1" = 2000' NORTH •t M-86-38 (Meeting 86-09 April 16, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 7 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of Interim Use and Management Plan for the Jamison and Mazor Property Additions to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve Recommendation: I recommend that you adopt the Interim Use and Management Plan for the Jamison and Mazor property additions to Sierra Azul Open Space Preserve, including the naming as included in report R-86-17. I further recommend that you withhold the property from dedication as public open space at this time. Discussion : At your February 26 , 1986 meeting, you approved the acqui- sition of the Jamison and Mazor property additions to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve (see attached report R-86-17 , dated February 20 , 1986) . You also tentatively adopted the Interim Use and Management Plan for the property, named the land as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve and indicated your intention to withhold the property from dedication as public open space. In accordance with the adopted Land Acquisition Notification Procedures (see memorandum M-83-106 , dated August 31 , 1983) , final adoption of the Interim Use and Management Plan was deferred until after close of escrow to allow for public comment. Escrow on the 80 acre Mazor property closed on February 28 , 1986 and on the 80 acre Jamison property on March 28 , 1986 . To date, no further public comment has been received regarding the Interim Use and Management Plan for the properties . The guard rail mentioned in recommendation Number Two t is being installed this week. However, the cost should be revised upward from $2000 to $4000 , which includes the cost of contracted installation. General issues regarding use and management of the Alt. Umunhum Area, particularly the patrol issue, are addressed in the accompanying memorandum(M-86-40, dated April 7, 1986) on the review for the whole area. V R-86-17 (Meeting 86-05 eoe February 26 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT February 20 , 1986 TO: . Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; Mary Gundert, Associate Open Space Planner SUBJECT: Proposed Jamison and Mazor Property Additions to the Sierra Azul Open Space Preserve, Mt. Umunhum Area Recommendation: I recommend that you adopt the following resolutions: 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authoriz- ing 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 (Sierra Azul Open Space Preserve - Lands of Jamison) . 2. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authoriz- ing 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 (Sierra Azul Open Space Preserve - Lands of Mazor) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the properties as additions to the Sierra Azul Open Space Preserve, Mt. Umunhum Area, and indicate your intention to withhold the properties from dedication. Introduction: At your November 13 , 1985 meeting, you approved the acquisi- tion of the 988 -acre Baldwin-Wallace College property addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve (see report R-85-53, dated November 8 , 1985) . That acquisition was made up of two land units, the first immediately off Hicks Road and the second east of the summit of Bald Mountain. The District now has the opportunity to purchase the two intervening parcels of land between the summit of Bald Mountain and Mt. Umunhum Road (see attached map) . The two parcels will be dealt with as one land unit for the purposes of this report unless otherwise noted. A. Description 1. Size, Location and Boundaries The two parcels , each 80 acres in size, are located south of the City of San Jose in unincorporated Santa Clara County and are located due east of the summit of Mt. Umunhum, site of the former R-86-17 Page two Almaden Air Force Station. The property is bounded by the District' s Bald Mountain land holdings to the east and private property on the remaining three sides. Mt. Umunhum Road cuts through the westernmost side of the property. 2. Topography, Geology and Natural Landscape The property is comprised of a ridge generally running in an east-west direction. The western half of Bald Mountain, an appropriately named, grass 'covered hilltop in an otherwise forest and chaparral area is located on the easternmost portion of the property. Steep canyons fan from the ridgetop to the north and south. Surrounding the grass covered meadow of Bald mountain are hill- sides of chapparal which typify the Sierra Azul Range. Riparian vegetation may be found in the canyon bottoms to the south and northwest. Elevations range from about 2300 feet near the summit of Bald Mountain to a low of 1700 feet in the canyon along the southern border. Soils are of the Los Gatos-Maymen Association, developed on hard sandstone and shale. B. Current Use and Development Three roads traverse the property. Mt. Umunhum Road enters the northern property line near the western border and climbing uphill roughly parallels the western boundary before turning southwest and exiting the property. A second road forks from Mt. Umunhum Road near the western border of the property. This dirt surfaced road termi- nates at the summit of Bald Mountain with a circular turnaround. The third road extends xtends between Mt. Umunhum Road to the north and the road to Bald Mountain. The District would exercise a patrol right over the portion of this road between the northern boundary and Mt. Umunhum Road. Mt. Umunhum Road is currently gated immediately above the junction of Mt. Umunhum Road and the spur to Bald Mountain. The gate is maintained by the neighbors who live on upper Mt. Umunhum Road and beyond. A wide flat dirt parking area is located at the Mt. Umunhum Road-Bald Mountain spur road junction below the gate. Several other roadside pullouts may be found along Mt. Umunhum Road below the gate location on the property. There are no structures on the property. C. Planning Considerations The land is located within unincorporated Santa Clara County. It is zoned Hillside which requires 20 to 160 acres per dwelling unit based on a slope density formula. Open space use of the land is in con- formance with the County General Plan. R-86-17 Page three The property is located outside the District' s boundary but within the Sphere of Influence. This area has .not.not received a rating on the District' s Master Plan since the Sphere of Influence outside the boundaries has yet to be incorporated into this plan. Site planning for this property would be accomplished in conjunction with planning efforts for other District properties comprising the Sierra Azul Open Space Preserve. Since this preserve consists of many non-contiguous parcels and presently has inadequate public access to most of them, the preserve remains low on the District's Relative Site Emphasis Plan; a plan that serves as a guideline for determining the level of planning and development for all District preserves. Until such time as the Mt. Umunhum Area of the Sierra Azul Open Space Preserve becomes more suited for public recreation, i.e. , connecting trails and areas suitable for parking, public access will be discouraged but not prohibited. The District will work with neighboring property owners to discourage trespass on those proper- ties as trespass relates to use of District lands. D. Potential Use and Development The grass covered slopes of Bald Mountain would make an ideal desti- nation picnic spot for Preserve visitors. The summit of Bald Mountain provides wide views of the seemingly unspoiled ridges northeast of Bald Mountain including the Pueblo Lands of San Jose and the Almaden Quicksilver County Park. The mounds of mining tailings on the County Park are very prominent from Bald Mountain, the only obvious disturbed area within view. Access to this property is possible from the several roadside pullouts along Mt. Umunhum Road. For years the flat area near the Mt. Umunhum Road gate has been the site of illegal activities ranging from drinking and drug use to shooting and fires. E. Interim Use and Management Recommendations 1. The property boundaries will be signed as appropriate where the potential for trespass from District lands onto private property exists, trail signs indicating the Preserve boundary will be installed. Cost is estimated at $60. 2. In order- to curb the illegal activities occuring at the flat pull- out north of the gate, a heavy-duty guard rail and pipe gate will be installed parallel to the road to block the illegal parking. A smaller roadside pullout would remain, enabling a turnaround immediately before the gate. Other roadside pullouts below the gate would accommodate legitimate Preserve visitors. Cost is estimated at $2000. 3. The connecting road between Mt. Umunhum and the Bald Mountain spur will be gated if necessary at the northern property boundary. Cost is estimated at $700. R-86-17 Page four 4. Long range planning for public use for these properties will be incorporated into the area Master Planning to be commenced in conjunction with the acquisition of the former Almaden Air Force Station. F. Dedication The property should be withheld from dedication as public open space at this time to allow future flexibility to better align the boundaries of the Open Space Preserve, or possibly trade property rights to help complete the trail system. G. Name The site should become an addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area. H. Terms As mentioned earlier in this report, this acquisition is a combination of the following two separate purchase transactions: J The.i 1 a mason purcha se would require e a tot al paymen t of $136,000 ($40,800 down in cash at close of escrow, with the balance of $95,200 to be payable over 10 years at 7 percent interest) . The average cost is $1,700 per acre and the cash requirement would come from the New Land Commitments Budget category. 2. The Mazor purchase requires uires the total payment of - 142 500 be payable in cash at close of escrow (an average of $1,780 per acre) . This property has more usable area and is therefore valued slightly higher than the Jamison parcel. Both parcels are 80 acres in size and the current slope density formula would allow one resi- dential site on each parcel. i i I RESOLUTION NO. RESOLUTION OF THE BOARD OF DTRECTORS---OF THE MIDPENINSULA I G NAL OPEN SPACE DISTRICT l�C AUTHORIZING A TANC `OF PURCHASE AGREE NT, AUTHORIZING OFFICER O EXEC CERTIFICATE T OF ACCEPTANCE OF ,E7RANT TO D-T ,T�T, AND AUTHO R- ING GENERAL M, NwAG XEC�UTE ANY AND ALL OTHER DO CUMENTS 1'�T AR S NEC S R APPRO PRIATE CLOSING OF THE T SACT N ERRA AZUL O EN SPACE PRESERVE - LANDS O JAM ON) The Board of Di ctar f e Mid eninsula Regional Open Space District does reso e a ollows: Section One.' Bo of Directors of the Midpeninsula Regional Open Space District c es herebyrace-ept the offer contained in that certain Purchase Agr ent betlieen !Joan Lee Jamison, and the Midpeninsula Regional a Space' Dis rict, a copy of which is attached hereto and by re ere ce ,made a jart hereof, and authorizes the President or appropri to of * ers %`execute the Agreement on behalf of the Dimes tl Sect'on Two,. The resident of the Board of Directors or other appropri e of 'ic r i autk�orized to execute a Certificate of Acceptance to an de d ( ) g cane ing tit"' e to said property. /" Section Th a Genera er of the District shall cause to be given ap ro ten -i acceptance to the seller. The General Manager ur h ed. t© execute any and all other documents in a cr w ecessar or ap riate to the closing of the transaction. Section Four. The Genera aiiagerfof the District is authorized to- expend up to $1,000 to cover the cost of title insur- ance, escrow fees, and other-miscellaneous costs related to this transaction. Section Five. The sum of $40 ,800 is hereby ordered to be withdrawn from T'the Midpeninsula Regional Open Space District 1985 Promissory Note Fund for this purchase. I �j- If �era I SIERRA AZUL OPEN SPACE PRESERVE MT. UMUNHUM AREA `- �� SCALE 111=2000' ALMADEN QUICKSILVER Y ,� LVER COUNT P ARK _•l.y�r-".-� i� . I � _l -��j-'r / ` y�) , 11 e i YY .✓ � \ o Q '�- ���s. •\ � � �i. i ark U P1, f PRIVATE. PROPERTY F`I t U ttl tl tl i,U ffl &Allf AGATE y �; PROPOSED ADDITIION� SIERRA AZUL OPEN SPACE PRESERVE' MT. UMUNHUM AREAkill R-86-24 (Meeting 86-09 April 16, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 10, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; D. Woods, Open Space Planner; A. Cummings , Environmental Analyst SUBJECT: Proposed Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area (Lands of North) Recommendation: I recommend that you adopt the following resolutions: 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authoriz- ing 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 (Sierra Azul Open Space Preserve - Lands of North) . 2. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authoriz- ing 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 (Sierra Azul Open Space Preserve - Lands of North et al. ) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the properties as additions to the Sierra Azul Open Space Preserve, Mt. Umunhum Area, and indicate your intention to withhold the properties from dedication. Introduction: The Midpeninsula Regional Open Space District has the opportunity to purchase approximately 174 acres of land (31 acres in full fee and a one-half interest in 143 acres) lying east of Highway 17 in an unincorporated area of Santa Clara County, outside but adjacent to the District boundary and in the District' s Sphere of Imfluence (see attached map) . The property is located on a steep south-facing ridge east of El Sombroso, one of the prominent peaks in the Sierra Azul. The Sierra Azul Range (the name given to the southern part of the Santa Cruz mountains) forms a promi- nent ridge about 25 miles long south of Saratoga Gap and provides the scenic backdrop for Los Gatos and the southern peninsula. R-86-09 Page Two Although a corner of the property adjoins the Mt. Umunhum Area of the Sierra Azul Open Space Preserve, currently there is difficult public access to it. Eventually the property could become a link in a trail system be- tween El Sombroso and a Guadalupe recreational corridor along Hicks Road and Almaden Quicksilver Park. A. Description 1. Size, Location and Boundaries The property is composed of two land units: a smaller 31 acre parcel to be acquired in fee and a larger 143 acre unit, composed of three separate assessor's parcels, in which the District would acquire a one-half interest. The 143 acre unit also includes a 50-foot-wide roadway easement over the adjoining Stanton property to the north; however, the easement rights do not extend further to any public or private road in the area. Both units are located on a steep south-facing ridge east of El Sombroso and south of Hicks Road. They are bounded by private property on the north, west, and east and adjoin the Mt. Umunhum Area on the south and east. The property has only private access at this time. The closest public road is Reynolds Road, a paved road south of Hicks Road and north of the property which ends at approximately the 1440 foot elevation. Beyond that point, a dirt road continues on up the ridge across private property and crosses the Stanton property where the 50 foot easement is located, finally entering the proposed acquisition from the north. The road follows the ridgeline across the center of the prpperty. It continues west across private property to El Sombroso where it joins the main ridgeline road of the Sierra Azul. 2. Topography, Geology and Natural Landscape The property is located on steep, south-facing slopes on a ridge east of El Sombroso, a 2999 foot peak in the Sierra Azul Range. Elevations on the site range from a high of 2650 feet on the western end of the ridge, to a low of 1000 feet in the southeast corner next to Rincon Creek. The ridgeline, located in the northern portion of the site on the larger parcel , separates the drainage from the property into two watersheds . The south-facing slopes, comprising the majority of the site, drain into the Rincon Creek watershed. Rincon Creek flows into Guadalupe Creek, which flows into Guadalupe Reservoir. The north-facing slopes drain into an unnamed tributary of Guadalupe Creek. District ownership of the site will therefore help protect the headwaters of Guadalupe Creek. The San Andreas Rift Zone is located approximately four miles to the west. Vegetation on the property is typical of this region of the Santa Cruz Mountains. The steep, dry south-facing slopes are covered with brushy chaparral species such as chamise, manzanita, coffee- berry, poison oak, and ceanothus, as well as scrub oak and canyon R-86-09 Page Three live oak. The lower slopes contain pockets of bay trees and madrone in moist gullies. Wildlife value of the property is high and typical of chaparral communities of the area. These habitats are attractive to moun- tain lion, bobcat, fox, coyote, feral pig, deer, rabbit, raccoon, rattlesnake, and numerous species of birds. 3. Cultural History A location on the northeastern boundary of the property is the site of a monument marking a boundary of the old Pueblo Lands of San Jose. The trail to the monument is now completely over- grown. The Pueblo was established in 1777, originally including four square leagues (approximately 14 square miles) , encompassing the Guadalupe River and what is now the City of San Jose. B. Current Use and Development A dirt road follows the ridgetop across the northern portion of the property from east to west, eventually leaving the property and joining the main ridge road along the axis of the Sierra Azul at El Sombroso. This road is currently used by hikers, equestrians, and occasional motorcyclists. The only access to the parcel and ridgetop road is across adjacent private property. There are no deeded rights of access to any public road. There are no structures on the property. C. Planning Considerations The acquisition of this property for open space use conforms with the General Plan of Santa Clara County. It is outside the Sphere of Influences of the City of San Jose and the Town of Los Gatos. The property borders the District boundary to the south and east, lying just outside the District but within its Sphere of Influence. Due to its location outside the District boundary, the property was not analyzed for the Master Plan. Similar adjacent properties within the District have composite ratings of high to moderate. The Regional Parks, Trails and Scenic Highways map published as an element of the General Plan of Santa Clara County in 1981 identifies a trail corridor through the property leading east from El Sombroso to Almaden Quicksilver County Park. This proposed trail corridor could ultimately connect with a trail system encompassing the Lexington Reservoir Recreation Area, Kennedy Road Area, the Limekiln Canyon Area, and the Mt. Umunhum Area of the Sierra Azul Open Space Preserve, connecting three District Preserves with two County Parks. D. Potential Use and Management The land should be managed as a natural area with the site open to hikers and equestrians who can gain access from adjacent District lands. On site use is next to impossible however due to the dense chaparral and it is anticipated that little, if any, public use can occur at the current time. Rangers will oversee the property from Woods Road and Mt. Umunhum. R-86-09 Page Four E. Interim Use and Management Recommendations 1. The site will be open to hikers and equestrians who can gain access from adjacent District lands. 2. Preserve boundary plaques will be installed where appropriate. Estimated costs of $30 will be included in 1986-1987 budget preparation. F. Dedication This property should be withheld from dedication at this time to allow for the possibility of the transfer of density rights or a future realignment of preserve boundaries. G. Naming This property should become an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. H. Terms As mentioned earlier in this report, this acquisition is a combination of the following two separate purchase transactions: 1. The North purchase consisting of 31 acres requires. the total payment of $21 ,700 be payable in cash at the close of escrow (an average of $700 per acre) . 2. The North et al. purchase consisting of one-half interest in 143 acres requires the total payment of $50,050 be payable in cash at close of escrow (an average of $350 per acre for the one-half interest) . 136 PROPOSED ACQUISITION �,;, J X. ONE—HALF INTEREST (143 ACRES) _ „1 FEE TITLE PURCHASE (31 ACRES) S--E - gs ALMADEN QUICKSILVER COUNTY PARK 17 a38 E l� S o m b t o5 0 - Cre o `.L S mr�Y iF ��� � t' .,i. <, ,'� t' x \; f � i ,22841 / �' 'J�' \ / ll— � ✓� �_^_/ - I , . t - PRIVATE PROPERTY _ r.nayer � All �1+ ri f�{t, 'U.311 lJ fl f1 U(f� - WV r .• 1" l- �� �� tt _ ��. SIERRA AZUL OPEN SPACE PRESERVE f r. �� ' MT. UMUNHUM AREA ; .L •1 `;,, SCALE 1 I1-=2000t NORTH SIERRA AZUL OPEN SPACE PRESERVE MT. UMUNHUM AREA �S��fr--= / +��--����•�1��1 I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF NORTH) 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 John R. North et ux, and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section, Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $21 ,700 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1985 Promissory Note Fund for this purchase. PURCHASE AGREEMENT - THIS AGREEMENT is made and entered into by and between JOHN R. NORTH and MARTHA NORTH, husband and wife, hereinafter called "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT. " 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER'S real property (hereinafter "Subject Property") located within an unincorporated area of the Count of co ntain- ing Cla ra, State of California,forma, contain ing approximately thirty-one acres 31 mor PP e or Y ( ) less, and commonly referred to as+Santa Clara County Assessor's Parcel No. 562-07-005 and being more particularly described in PreliminaryTitle Report p rt No. 196524 , dated January 28, 1986, from Valley Title Company; said report designated Exhibit "A" , as attached hereto and by this reference incorporated herein and made a part hereof. DISTRICT acknowledges that it has access to the Subject Property through adjacent land holdings and/or by easements to a I'G Public highway, stre et or ro ad, and waives any g and all rights to prescriptive easements or easements by necessity over any remaining lands of SELLER. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase rice shall be Twenty-One Thousand v P P y Seven Hundred and No/100 Dollars ($21 ,700. 00) payable in cash at close of escrow as hereinafter provided. 3. TITLE AND POSSESSION Title and possession of the Subject Property shall be con- veyed to DISTRICT at the close of escrow by Grant Deed, subject to the following conditions: 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. DISTRICT shall cooperate with SELLER in applying for any and all refund of real property taxes due SELLER as a result of this transaction. b. Typewritten Exceptions Numbered 2 , 3 and 4 listed in said Preliminary Title Report (Exhibit "A") . I Purchase Agreement North Page Two Escrow holder's willingness to issue its standard CLTA Policy of Title Insurance, as of the close of escrow, insuring title to the Subject Property in DISTRICT and/or its assignee (s) in the amount of the purchase price referred to in Paragraph 2 herein, and subject only to the above men- tioned conditions and -such other exceptions as are confirmed in escrow holder's standard printed CLTA form of Policy of Title Insurance, shall constitute conclusive presumption of SELLER' S ability to convey title in condition acceptable to DISTRICT. 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this trans- action. SELLER shall be responsible for., and pay all costs of any reconveyance of Deed of Trust, full release of mort- gage, payment of liens, discharge of judgments, or any other charges , costs , or fees incurred in order to deliver market- able title to DISTRICT in accordance with Paragraph 3 herein. 5 . COMMISSIONS DISTRICT shall not be responsible for any real estate sales commission or other related costs or fees in connection with this transaction. 6 . LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements known to SELLER affecting all or any portion of the Subject Property. 7 . WAIVER OF STATUTORY COMPENSATION SELLER understands that they may be entitled to receive the fair market value of the property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et seq. SELLER acknowledges that they are familiar with -E-he applicable Federal and California law. SELLER hereby waives all existing and future rights they may have to receive the fair market value of the property under any applicable Federal or California law. 8 . ACCEPTANCE AND TERMS OF ESCROW DISTRICT shall have thirty (30) days after the execution hereof by SELLER to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the afore- said real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As con- sideration for the tender of said offer, DISTRICT has paid and SELLER acknowledges receipt of the sum of Ten and No/100 Dollars ($10. 00) . Purchase Agreement 7 North Page Three Time being of the essence and provided that this Agreement is accepted and executed by DISTRICT, this transaction shall close as soon as practicable, but not more than thirty (30) days following the acceptance and execution by DISTRICT, through an escrow (No. 196524) to be conducted by Valley Title Company, 300South First Street, San Jose, CA 95113 , or other such escrow holder as may be acceptable to SELLER and DISTRICT. 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns , or successors in interest of the parties hereto. Purchase Agreement - .gorth Page Four M,IDPE`J T_;SuLA - REGIONAL OPEN SP pCE DISTRICT SELLER ADPRO� =D =_S TO FORM: L' j /John R. NorthL Stanley Norton, District Counsel Date: }"L.p✓ �i� ACCEPTS RECO:12•IENDATION: Fes- 7 Martha No th L_ Cra g ritton, SR/OVA Date: Land Acc-disition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: VALLEY TITLE COMPANY PRELIMINARY REPORT X 300 South First Street—San Jose,95113 (408)292-7150 —605 Castro Street—Mountain View,94040(415)968-4427 —2354 Alum Rock Avenue—San Jose,95116(408)251.8500 — 10625 South De Anza Boulevard—Cupertino,95014 (408)253-7630 —14526 Camden Avenue—San Jose,95124(408)377-7911 —1930 South Bascom Avenue—Campbell,95008 (408)371-7891 ESCROW NO. 196524 [PD1 Dated as of January 28, 1986 at 7:30 a.m. In the event of cancellation,a minimum charge of$200.00 will be made. If the escrow has not closed within 90 days from the date hereof,cancellation will be effected unless other provisions are made. In response to the above referenced application for a policy of title insurance VALLEY TITLE COMPANY hereby reports that it is prepared to issue or cause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. i THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE 'I REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy XX 2. American Land Title Association Owner's Policy Form B 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy ETCH1BIT -A VTC -216 PL/dm L- t 65 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: JOHN R. NORTH and MARTHA NORTH, his wife, as joint tenants 3. The land referred to in this Report is situated in the State of California, County of Santa Clara, and is described as follows: Lot 1, Section 5, Township 9 South, Range 1 East, M.D. & M. i i EXHIBIT Page o 2 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policyform designated on the face page g P 9 of this Report would be as follows.: 1 . The lien for property taxes for he - P P Y t fiscal year 1985 1986 securing: a. Additional amounts that may hereafter be assessed within the guidelines defined in Chapters 49 and 242 of the State of California Statutes of 1979 . b. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 ( commencing with Section 75) of the Revenue and Taxation Code of the State of California. 2. Matters contained in that certain Judgment made in the Superior Court of the State of California, in and for the County of Santa Clara, Case No. 225233 entitled, "David E. Breeding, et al, Plaintiffs and Cross-Defendants vs. John R. North, et al, Defendants and Cross-Complainants" , which Judgment, among other things , contains prescriptive easements over the present existing private extensions of the dedicated portion of Reynolds Road, existing at the time of said Judgment, a certified copy of which was recorded June 10, 1971 in Book 9367 of Official Records, page 643. 3. Matters contained in that certain Judgment made in the Superior Court of the State of California in and for the County of Santa Clara, Case No. 447109 entitled, "John R. North, et al, Plaintiffs vs. Harold Rhoten, et al, Defendants" , which among other things, provides for ingress and egress, a certified copy of which was recorded February 25, 1985 in Book J269 of Official Records, page 118. 4. The property hereinbefore described does not appear to have any access to any public highway, street or road. END OF SCHEDULE B NOTE 1 : Taxes for the fiscal year 1985-1986 have been paid. Receipt No. 562-07-005. Code 72-007. First Installment $84.53. Second Installment $84.53 . NOTE 2 : THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: NONE (no short term) EXHIBIT Page Ao� z LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses,any of all of which arise by reason of the following: Part 1. Taxes or assessments which are not shown as existing liens 7. Any law, ordinance or governmental regulation (including by the records of any taxing authority that levies taxes or assess- but not limited to building and zoning ordinances) restricting or ments on real property or by the public records. regulating or prohibiting the occupancy, use or enjoyment of the Proceedings by a public agency which may result in taxes or land, or regulating the character,dimensions, or location of any assessments, or notices of such proceedings, whether or not improvement now or hereafter erected on the land,or prohibiting shown by the records of such agency or by the public records. a separation in ownership or a reduction in the dimensions or 2. Any facts, rights, interests or claims which are not shown area of the land, or the effect of any violation of any such law, by the public records but which could be ascertained by an in- ordinance or governmental regulation. spection of the land or by making inquiry of persons in pos- B. Rights of eminent domain or governmental rights of police session thereof, power unless notice of the exercise of such rights appears in the 3. . Easements, liens or encumbrances, or claims thereof, which public records. are not shown by the public records. 9. Defects, liens, encumbrances, adverse claims or other 4. Discrepancies, conflicts in boundary lines, shortage in area, matters (a) created,suffered, assumed or agreed to by the insured encroachments, or any other facts which a correct survey would claimant; (b) not shown by the public records and not otherwise disclose, and which are not shown by the public records. excluded from coverage but known to the insured claimant either 5. (a) Unpatented mining claims. (b) reservations or excep- at Date of Policy or at the date such claimant acquired an estate tions in patents or in Acts authorizing the issuance thereof; (c) or interest insured by this policy or acquired the insured mortgage water rights,claims or title to water, and not disclosed in writing by the insured claimant to the Com- 6. Any right, title, interest, estate or easement in land beyond pany prior to the date such insured claimant becameaninsured the lines of the area specifically described or referrred to in hereunder; (c) resulting in no loss or damage to the insured claim- Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ant; (d) attaching or created subsequent to Date of Policy;or (e) ways or waterways, but nothing in this paragraph shall modify or resulting in loss or damage which would not have been sustained limit the extent to which the ordinary right of an abutting owner if the insured claimant had been a purchaser or encumbrancer for., for access to a physically open street or highway is insured by this value without knowledge. policy. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORi411 B- 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the,insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Com- pany prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have been sustained if the insur- ed claimant had paid value for the estate or interest insured by this policy. (List of Printed Exceptions and Exclusions Continued on Reverse Side) EXHISI —#4 }•;, Page of e LIST OF PRINTED EXCEMONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIA 1ION RESIDENTIAL TITLE INSURANCE POLICY- 1979 EXCLUSIONS In addition to the exceptions in Schedule B. you are not insured aq,,inst loss, costs, atto:ney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any la., or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: *land use *land division *improvements on the land * environmental protection This exclusion does not limit the zoning coverage described in item; 72 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks. that are created, at d, allowed or by to agreed • you *that are known to you, but not to us, on the Policy Date-unless they appeared in the public records. that result.in no loss to you •that first affect our � 'y title after the Policy Date - this do es s not limit the labor an d d mat erial Covered Title Risks al lien coverage in item 8 of 4. Failure to pay value for your title. 5. Lack of a right to any land outside the area specifically described and referred to in Item 3 of Schedule A, or *in streets,alleys, or waterways that touch your land. This exclusion does not limit the ac cess S e COL'efaCe In It em t m 5 of Covered Title Ris ks. SCHEDULE C - ,EXCEPTIONS In addition to the Exclusions, you are not insured against I ns fees,loss, costs,attorneys'f Y s,and expenses resulting from: Part t (a) Any rights, interests or claims of parties in Possession of the land not shown by the public.records. Any easements or liens not shown by the records. public P o ds. This exception does not limit the lien coverage in Item S of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does.not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights,claims or title to water on or under the land. 4. AME RICA N LAND TIT LE ASSOCIATION LOAN POLICY- 1970 WITH A.L.T.A.ENDO,9SEMENT FORM 1 COVERAGE (AMENDED 10-17-70 SCHEDULE OF EXCLUSIONS FROM COVERAGE T`^e fo;`.owing matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimen- sions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Ri;hts of eminent domain or governmental rights of police pow.,er unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other mutters (a) created, suffered, assumed or agreed to by the insured claim- ant; (b) not known to the Company and not shown by the PUbiic records but known tothe insuredclaimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired theinsuredmortgageand not disclosed in writing by the insured claimant to the Comp.ny prior to the date such insured claimant became an insured here- un&r; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded h:?rein as to any statutory lien for labor or material or to the extent insurance is afforded Herein as to assessments for street improvements under construction or completed at Date of Policy.) Ur,enforceability of the lien of tf:e insL;red mortgage bacause of failure of the insured at Date of Policy or of any subsequent o_vner of the indebtedness to comply vrith applicable "doing business" 13vr,of the state in which the land is situate - EXt1-11BI T ^E: of 067 .-, -_ �, _.. ;Y _ •-Sir-.. .. . ,: . s GUL.blo Trocr N9 3575 i oA• wit SAO �-AY -lop X,IS"oso Y+Qf 7 2po ' 8 �- 1 � ao 0 { 9 w.B. TP S.,R 1 E. • w4 . EXHIBI Page of RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF NORTH ET AL, ) 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 John R. North et ux, and the Midpeninsula Regional Open Space District, a copy of which is attached here to and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Dir ectors or other appropriate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessaryor appropriate to the closing g of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $50 ,050 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1985 Promissory Note Fund for this purchase. * * * * * * * * * * * * * * PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between JOHN R. NORTH and MARTHA NORTH, husband and wife, hereinafter called "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT. " 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER' S undivided one-half interest in certain real property (hereinafter "Subject Property") located within an incorporated area of the County of Santa Clara, State of California, containing approximately 143 acres, more or less, and commonly referrbd to as Santa Clara County Assessor' s Parcel Nos. 562-08-013, -014 , and -015 and being more particularly described in Preliminary Title Report No. 196526 (amended) , dated January 22 , 1986 , from Valley Title Company; said report designated Exhibit "A" , as attached hereto and by this reference incorporated herein and made a part hereof, together with an easement for purposes of egress and ingress over a strip of land 50 feet described as parcel two in said Exhibit "A" . SELLER is selling only a one-half (-�) interest in the subject property and specifically makes no provision, warranty or representation concerning the avail- ability for purchase by DISTRICT of the remaining one-half interest or the identity of or interests owned by the owner or owners of the remaining undivided one-half interest in said property. DISTRICT acknowledges that it has access to the Subject Property through adjacent land holdings and/or by easements to a public highway, street or road, and waives any and all rights to prescriptive easements or easements by necessity over any remaining lands of SELLER. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price shall be Fifty Thousand Fifty and No/100 Dollars ($50 ,050. 00) payable in cash at close of escrow as hereinafter provided. 3. TITLE AND POSSESSION Title and possession of the Subject Property shall be con- veyed to DISTRICT at the close of escrow by Grant Deed, subject to the following conditions: 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. DISTRICT shall cooperate with SELLER in applying for any and all refund of real property taxes due SELLER as a result of this transaction. b. The fact that Valley Title Company will not insure title to said Parcel Two (the 50 foot access easement) . Purchase Agreement - North page Two Escrow holder's willingness to issue its standard CLTA Policy of Title Insurance, as of the close of escrow, insuring title to the Subject Property in DISTRICT acid/or its assignee (s) in the amount of the purchase price referred to in Paragraph 2 herein, and subject only to the above men- tioned conditions and - such other exceptions as are confirmed in escrow holder' s standard printed CLTA form of Policy of Title Insurance, shall constitute conclusive presumption of SELLER' S ability to convey title in condition acceptable to DISTRICT. 4. COSTS DISTRICT shall a al es crow,c pay s row, recording, and customary title insurance charges and fees incurred ed in this trans- action. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mort- gage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver market- able title to DISTRICT in accordance with Paragraph 3 herein. 5. COMMISSIONS DISTRICT shall not be responsible for any real estate sales commission or other related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES a SELLER warrants that there exist no oral or written leases or rental agreements known to SELLER affecting all or any portion of the Subject Property. 7 . WAIVER OF STATUTORY COMPENSATION SELLER understands that they may be entitled to receive the fair market value of the property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et spec . SELLER acknowledges that they are familiar with the applicable Federal and California law. SELLER hereby waives all existing and future rights they may have to receive the fair market value of the property under any applicable Federal or California law. 8. ACCEPTANCE AND TERMS OF ESCROW DISTRICT shall have thirty (30) days after the execution hereof by SELLER to accept and execute this Agreement, ar!3 during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the afore- said real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As con- sideration for the tender of said offer, DISTRICT has paid and SELLER acknowledges receipt of the sum of Ten and No/100 Dollars ($10. 00) . Purchase Agreement - North Page Three Time being of the essence and provided that this Agreement is accepted and executed by DISTRICT, this transaction shall close as soon as a pr ctica ble but not more than thir-ty (30) days following the acceptance and execution by DISTRICT, through an escrow (no. 196526) to be conducted by Valley Title Company, 300 South First Street, San Jose, CA 95113, or other such escrow holder as may be acceptable to SELLER and DISTRICT. 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns, or successors in interest of the parties hereto. Purchase Agreement - North Page Four MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: /r z ohn R. North Date: //i�.'LC:GL Stanley Norton, District Counsel ACCE T'ED`{FOR RECOMMENDATIO • Martha North � r�t/A�4 /✓�R�t-t �QCraicgj,/ Date: �4(C,AC - ;2 .2 L. Britton, WA ` y� / l Land Ac {lisition Manager anager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: VALLEY TITLE COMPANY PRELIMINARY REPORT XX 300 South First Street—San Jose,95113 (408)292.7150 —605 Castro Street—Mountain View,94040(415)968-4427 —2354 Alum Rodk Avenue—San Jose,95116 (408) 251-8500 — 10625 South De Anza Boulevard—Cupertino,95014 (408)253.7630 — 14526 Camden Avenue—San Jose,95124 (408)377-7911 — 1930 South Bascom Avenue—Campbell,95008(408) 371.7891 ESCROW NO. 196526 Amended (PD) Dated as of January 22, 1986 at 7:30 a.m. In the event of cancellation,a minimum chargeof$200.00 will be made. If the escrow has not closed within 90 daysfrom the date hereof,cancellation will be effected unless other provisions are made. In response to the above referenced application for a policy of title insurance VALLEY TITLE COMPANY hereby reports that it is prepared to issue or cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO I THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. I The form of policy of title insurance contemplated by this report is: i 1. California Land Title Association Standard Coverage Policy XX 2. American Land Title Association Owner's Policy Form B 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy EXHIBIT palgd t� VTc - 216 PL/ep 196526 Amended SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee, as to Parcel One An Easement, as to Parcel Two 2. Title to said estate or interest at the date hereof is vested in: JOHN R. NORTH and MARTHA NORTH, his wife, as joint tenants, as to an undivided 1/2 interest; ARNOLD B. ALLEN and MARGARET V. ALLEN, his wife , as joint tenants, as to an undivided 1/4 interest; and HELEN L. RADER, as to an undivided 1/4 interest 3. The land referred to in this Report is situated in the State of California, County of Santa Clara, and is described as follows: (Cont ' d on next page) f EXHIBIT -40L Page 196526 Amended PARCEL ONE : Lot 1 , the South one-half of the Northeast one-quarter and the Northwest one-quarter of the Northeast one-quarter of Section 61 Township 9 South , Range 1 East, Mount Diablo Base and Meridian, according to the Official Plat of the survey of said lands on file in the office of the Bureau of' Land Management, approved October 10 , 1883 . PARCEL TWO: An easement for the purpose of ingress and egress over a strip of land 50 feet in width the centerline of which is more particularly described as follows: BEGINNING at the point of intersection of the centerline of an existing roadway with the Easterly line of Lot 11 in Section 31, Township 8 South, Range 1 East, M. D. B. & M. ; thence in a general Westerly direction along the existing roadway past the existing cabin to the terminus of said existing roadway near the top of a ridge; thence in a general Southerly direction following said ridge in the most practical location to a point on the Northerly line of the Northwesterly 1/4 of the Northeast 1/4 of Section 6, Township 9 South, Range 1 East and the terminus of said easement as granted by Dale M. Stanton and Naomi E. Stanton, his wife, to Alden O. Sage, et al, by Deed dated September 5, 1961, recorded September 13, 1961, Book 5295 of Official Records , page 366, Santa Clara County Records. H 1011 "_1 196526 Amended SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1 . The lien for property taxes for the fiscal year 1985-1986 securing: a. Additional amounts that may hereafter be assessed within the guidelines defined in Chapters 49 and 242 of the State of California Statutes of 1979 . b. The lien of supplemental taxes, if any, assessed purs uant uant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California., END OF SCHEDULE B NOTE 1: Taxes for the fiscal year 1985-1986 have been paid. Receipt No. 562-08-013. Code 72-007 . First Installment $95.02 . Second Installment $95 .02 . (Affects the Northwest 1/4 of the Northeast 1/4 of the premises) Receipt No. 562-08-014 . Code 72-007. First Installment $74.71. Second Installment $74 .71. (Affects Lot 1) Receipt No. 562-08-015. Code 72-007 . First Installment $120.61. Second Installment $120 .61. (Affects the South 1/2 of the Northeast 1/4 of the premises) NOTE 2: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: NONE (no short term) ;; Of, LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE B This policy does not insure against loss or damage,nor against costs, attorneys' fees or expenses,any of all of which arise by reason of the following; Part 1 1. Taxes or assessments which are not shown as existing liens 7. Any law, ordinance or governmental regulation (including by the records of any taxing authority that levies taxes or assess- but not limited to building and zoning ordinances) restricting or rents on real property or by the public records. regulating or prohibiting the occupancy, use or enjoyment of the Proceedings by a public agency which may result in taxes or land, or regulating the character,dimensions,or location of any assessments, or notices of such proceedings, whether or not improvement now or hereafter erected on the land,or prohibiting shown by the records of such agency or by the public records. a separation in ownership or a reduction in the dimensions or 2. Any facts, rights, interests or claims which are not shown area of the land, or the effect of any violation of any such law, by the public records but which could be ascertained by an in- ordinance or governmental regulation. spection of the land or by making inquiry of persons in pos- 8. Rights of eminent domain or governmental rights of police session thereof. power unless notice of the exercise of such rights appears in the 3. Easements, liens or encumbrances,or claims thereof, which public records. are not shown by the public records. 9. Defects, liens, encumbrances, adverse claims or other 4. Discrepancies, conflicts in boundary lines, shortage in area, matters (a) created,suffered,assumed or agreed to by the insured encroachments, or any other facts which a correct survey would claimant; (b) not shown by the public records and not otherwise disc-ose,and which are not shown by the public records. excluded from coverage but known to the insured claimant either 5. (a) Unpatented mining claims, (b) reservations or excep- at Date of Policy or at the date such claimant acquired an estate tions in patents or in Acts authorizing the issuance thereof; (c) or interest insured by this policy or acquired the insured mortgage water rights,claims or title to water. and not disclosed in writing by the insured claimant to the Com- 6. Any right, title, interest, estate or easement in land beyond pany prior to the date such insured claimant becameaninsured the lines of the area specifically described or referrred to in hereunder; (c) resulting in no loss or damage to the insured claim- Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ant; (d) attaching or created subsequent to Date of Policy;or (e) ways or waterways, but nothing in this paragraph shall modify or resulting in loss or damage which would not1have been sustained limit the extent to which the ordinary right of an abutting owner if the insured claimant had been a purchaser or encumbrancer for for access to a physically open street or highway is insured by this value without knowledge. policy. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police Power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the,insured claimant; t(b) not known o the e Company and not shown by the Public record s but i<notivn to the insured claimant Tither at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Com- Pany prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attachingor created subsequent to Date of Policy; e 4 Y.( ) resulting in loss or damage which would not have been sustained if the insur- ed claimant had paid value for the estate or interest insured by this policy. (List of Printed Exceptions and Exclusions Continued on Reverse Side) 71 3f, i T—Z L_ � -- -2 Of VT _ _ r LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS - In addition to the exceptions in Schedule B.you are not insured against loss,costs, attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also taws and regulations concerning: •land use •land division •improvements on the land •environmental protection This exclusion does not limit the zoning coverage described in Items t s 12 and 73 of Covered Title 'Res ks. 2. The right to take the land by condemning it,unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks. *that are created,allowed, o d,or o agreed 9 t by you •that are kno wn to you,but not to us, on the Policy Date-unless they appeared in the public records. •that result'n i no lo ss ss to you •that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right *to any land outside the area specifically described and referred to in Item 3 of Schedule A,or *in streets,alleys,or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B-EXCEPTIONS In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: Part (a) Any rights, interests or claims of parties in possession of the land not shown by the public.records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does.not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights,claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimen- sions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain .or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created,suffered,assumed or agreed to by the insured claim- ant; (b) not known to the Company and not shown by the public records but knowntothe insuredclaimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgageand not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured.here- under; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy.) 4. Unenforceability of the lien of the insured mortgage because,of failure of the insured at Date of Policy or of any sub quent owner of the indebtedness to comply with applicable"doing business" laws of the state in which the land is situated. EXHUB T Page of y:ice /,`fit j M �= BK 575 .. " B - y o � RECN44 �r oi,� OP el0 E�y MfR�Oj� Sp 4cc. V t o SST, Y"?1727f R� T 9S AZ�w PIT 24'1111LHIB't *4 .- 3W sc �;� R-86-26 AA. (Meeting 86-09 April 16 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 11, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods, Open Space Planner SUBJECT: Review of the Use and Management Plan for the Rancho San Antonio Open Space Preserve. Recommendation: I recommend that you tentatively adopt the amended Use and Management Plan recommendations for Rancho San Antonio Open Space Preserve as contained in this report. Introduction: The Use and Management Plan for Rancho San Antonio Open Space Preserve was last reviewed by the Board at your September 26 , 1984 meeting. Since that time, there was an additional use and management item pertaining to the results of the stable study, which was presented to you on February 13 , 1985. The focus of this review is on the status of the two major issues dis- cussed at these past two meetings. These are 1) trail use conflicts and trails plan, and 2) the stable lease. A third issue, the use and disposition of the upper and lower residences will be touched on in this report, but will be covered in depth at the time of the second reading of the plan in May. There has been one addition to the Preserve since your last review, that being the two acre former Closs parcel off Ravensbury Avenue bringing the total Preserve acreage to 969 acres. The following reports are available for reference: • Use and Management Plan Review for Rancho San Antonio Open Space Pre- serve, report R-84-41, dated September 20 , 1984 : • Final adoption of the Revised Use and Management Plan for Rancho San Antonio Open Space Preserve, report R-84-88, dated October 19 , 1984; 0 Results of Stable Study for Rancho San Antonio Open Space Preserve, report R-85-15 , dated February 8 , 1985. • Acquisition report R-85-43 , dated August 6 , 1985, for the former Closs property addition. Site Use and Description: The Preserve continues to be the most heavily used of all District Preserves. In the spring of 1985 staff and docents conducted an informal use survey to help determine the average number of users and to receive public comments on user experiences. It indicated that on a typical weekend day there are approximately 600 visitors to the central portion of the Preserve and that about one-half of these visitors are hikers while the other half are runners. The most common remarks made by hikers were com- plaints about poison oak, lack of trash cans , objections to bicycles and runners on trails , and the desire for more parking facilities and better site maps. Runners were not interviewed because most did not want to stop during their runs. R-86-26 Page Two The lack of parking has become a serious problem at the adjacent County Park and St. Joseph's Avenue. On an average weekend all three lots within the park are full, and the overflow extends into the red zones along the access roads thereby creating a hazardous situation for emergency access . In addi- tion , the small curbside parking area on St. Joseph's Avenue under Inter- state 280 is often full, with parking extending well into the neighborhood. There is an increasing number of conflicts between neighbors and park users . The District held four volunteer recruiting events this past year in an ef- fort to distribute trail use information, such as the trail etiquette bro- chure , and to gain assistance on trail repair projects. The response has been good, and a total of 63 volunteers has worked on three organized work days. The Preserve received a large amount of storm damage in the past few months. Most of the damage occurred on the Rogue Valley Trail, and repairs are cur- rently underway. Planning Considerations The three main planning considerations over the past year and for the year to come pertain to traffic as it relates to the existing parking problems in the St. Joseph' s Avenue neighborhood, the amended Rancho San Antonio County Park Master Plan, and the proposed continuing care retirement facility slated for construction on the adjacent St. Joseph's property. The parking problem has intensified in the St. Joseph's Avenue neighborhood. A meeting was held on April 4 , 1985 to discuss this problem and was attended by representatives of the Los Altos Planning and Police Departments , the Santa Clara County Park and Recreation Department, the County' s Transportation Department, and the District. Jurisdictional boundaries were discussed, and the District staff agreed to extend its coverage east beyond the Interstate 280 underpass to help deter parking in the posted no-parking zones in the unincorporated area. It was pointed out that, in part, this problem is in- creasing because of the overcrowded parking situation within the County Park and may become worse if and when the County implements its park user fee system this coming year. The County has yet to amend its existing three phase park master plan to in- clude plans for the more recently acquired parcels near the Preserve entrance. The County has indicated this amendment would be conducted in-house sometime next year. It is hoped that the County will consider input from Los Altos and the District in an effort to minimize all the impacts which may evolve from recreational development of this area. The El Camino Hospital Continuing Care Retirement Facility project - is in an intermediate planning stage with the City of Cupertino. The preliminary plans have been approved and a negative declaration has been issued. In the next month a revised plan will be presented to Cupertino to further address design and parking. The plan calls for unrestricted vehicle access to the facility from both St. Joseph' s Avenue access and may formally request Cupertino to reconsider. District staff has been in touch with both hospital planning staff and other interested agency representatives. The project is antici- pated to be constructed in approximately two years. District staff has little problem with the actual design impacts of the facility itself other than the access routes. The project will represent the loss of open space lands ad- jacent to the Preserve and County park, however. R-86-26 Page Three A. Access and Circulation There are currently plans for constructing the vehicle bridge near the restrooms at the County Park within the current fiscal year. This will facilitate patrol and bus access to and from the Preserve. The County has also indicated they are proposing construction of additional parking in the next fiscal year, but this project has not yet received final budgetary approval. Trail conflicts continue to increase, with the majority of the problems occurring on the narrow back country trails where hikers , runners , bi- cyclists, and equestrians experience difficulty in passing. In an attempt to reduce these problems , staff implemented an educational pro- gram to better acquaint users of the present hazards. The program in- cluded: 1) a meeting and letters sent to local school track and crosscountry coaches to ask for cooperation in restricting training to lower use periods of the day and time staggering of individual runners in their trail use; 2) a trail etiquette brochure and publicity T-shirt to improve public awareness of safe trail use; 3) trail volunteer recruiting days which attain direct public contact to increase awareness and get people more involved in caring for the trails. These efforts have only been moderately successful and have not resolved the most significant problem of conflicts between nature education groups and serious runners . Reports and logs presented to the District by the staff at Deer Hollow Farm show an alarming rate of incidence where run- ners will not yield to groups of children on narrow trails. It is evident that the trails plan must be revised as soon as possible and that some of the considerations outlined in the last Use and Manage- ment Plan must be implemented. The emphasis of this plan should be on public safety and the continuation of the valuable environmental educa- tion programs at the Preserve. Before this is accomplished, though, it is imperative that the District 's trail policies and standards be com- pleted so as to provide a basis for these decisions. The anticipated time for completion of this project is approximately six months . In the meantime, an attempt will be made to increase surveillance of the trails to help minimize the conflicts , and a new trail planned along Permanente Creek which will serve only environmental education groups and indivi- duals desiring an unimpeded nature and walking experience. The trails plan will be brought back to you in the fall, 1986. New or Revised Use and Management Recommendations 1. A renewed effort will be made with the Santa Clara County Park and Recreation Department staff and Commission to work more closely on planning projects which affect both the Park and Preserve. 2 . A revised trails plan will be presented to you within the next six months. The plan will emphasize public safety and environmental education. A public workshop will be held to receive public comment on the draft plan prior to your review. $5000 in funds for a new Mora Avenue/Permanente Creek trail will be included in fiscal year 1986-1987 budget preparation. R-86-26 Page Four 3. The entry at Ravensbury Avenue will be redesigned to improve drain- age and access to the Preserve and stable. The estimated cost is $2 ,000 and will be included in fiscal year 1986-1987 budget prepara- tion. 4 . The Rogue Valley Trail will be improved near the stable to provide a through patrol route. Estimated cost is $1,000 and will be included in the fiscal year 1986-1987 budget preparation. 5 . The trail barrier located at the northwesterly boundary will be up- graded to a motorcycle barrier to prevent illegal access . Estimated cost is $250 and will be included in fiscal year 1986-1987 budget preparation. 6 . A 300 foot section of the Upper Meadow Trail will be realigned to minimize the steep grade. Estimated cost is $500 and will be in- cluded in fiscal year 1986-1987 budget preparation. B. Structures and Improvements The two major topics of discussion related to structures at the last Use and Management Plan review were 1) the feasibility of continuing the stable facility and 2) the disposition of the upper and lower houses. The following discussion focuses on the progress of these two projects . Stable Facility. On February 13 , 1985, you considered the continuation of a stable lease (see report R-85-15 , dated February 8 , 1985) . At that time you decided that: 1) If an alternative stable site is to be pursued, the Board Liaison Committee meet with Santa Clara County Parks Commission members to pursue an alternative site on, or adjacent to, County Park lands and the Committee report to the Board in 6 months during which time some cleanup and minor improvements would occur at High Meadow Stable. 2) Staff negotiate with Beverly Fike for a 3-year lease and at the end of a 2 year period ask the Board to make a determination as to whether or not to phase out the stable operation. The Board Liaison Committee has yet to meet with Santa Clara County Parks Commission to discuss alternative sites for the stable. Staff has proceeded to try to negotiate a 3-year lease with Beverly Fike but, to date , final terms have not been reached, especially agreement on liability insurance terms. In the meantime, the stable has continued to operate on a month to month lease. The tenant has generally complied with the terms of her existing agree- ment in that there have been considerable efforts made in cleaning up the area, installation of the fire protection water system and improve- ment of the public trail which passes through the stable. Important conditions that have not been met are the requirements to obtain a tele- phone and inspections by the County Health Department to ensure that sewer and water facilities meet County standards. There have been numerous delays in reaching a final agreement for the 3-year lease. Initially, these delays were the result of meeting defer- red on the part of the tenant. The current delays center around com- pletion of the clean-up and other interim improvements, insurance cri- teria, and a possible lawsuit by a horse bite victim. It is staff ' s opinion that the lease should now be looked at in terms of two year if it is possible to negotiate such a lease (since one year has already 5-26 Page Five passed) and a final determination as to whether or not the stable should remain be made at the end of the first year. Upper and Lower Residences The recommendations for the upper and lower houses , as contained in the last review (see report R-84-41, dated September 26 , 1984) were adopted in concept only, and staff was directed to return within four to six months with specific details regarding management of these facilities. Due to other more urgent planning priorities , staff has not yet been able to prepare a more specific management plan but will return as mentioned earlier with a plan at the time of the second reading of the Use and Man- agement Plan in May. As a short summary, staff is still considering the subdivision of the lower residence into a duplex at the estimated cost of $20 ,000 to serve both as a ranger residence and rental unit. The rental unit would be eventually converted to use by the City of Mountain View Deer Hollow Farm program at an unforeseen time as a caretaker 's unit. The upper house, which currently houses enterprise tenants , is deterior- ating somewhat with a badly leaking roof and some furnace and water heater problems . Staff is interested at the very least in conversion of the structure to a second ranger residence, but the questions of capital re- pairs and improvements , interim rental of the structure, and the use of the building as a multi-use facility have yet to be resolved at staff level. These elements will be resolved by the time of the Board 's second reading of this report. New and Revised Use and Management Recommendations 1. The Board Liaison Committee will meet with the Santa Clara County Parks and Recreation Commission to discuss alternative stable sites as soon as possible. The timing of this meeting should follow the County 's filling of the six month vacancy of Director of Parks and Recreation position so as to allow for adequate consideration of this joint planning proposal. 2 . Staff will proceed to negotiate a 2 year lease with Beverly Fike, if possible, and return at the end of the first year with a determina- tion as to whether or not to phase out the stable operation. This lease will be brought back to you within the next four months. 3 . Staff will investigate the possibility of treating the bottom of the small reservoir near the stable to stop leakage of winter water and to provide a year around water source for fire protection, as well as to improve its appearance and hazardous condition when the steep muddy banks are exposed in the summer. 4 . Staff will determine the viability of retaining the bridge leading to the old house site (near the permit parking area) for use in con- junction with the proposed trails plan. If it appears unusable, it will be removed as it is in poor condition and is beginning to pre- sent a hazard. 5. Bicycle racks will be installed near the beginning of the Wildcat Trail and near the farm to accommodate an increased number of bi- cycles now being locked to the fences. Estimated cost is $300 and will be included in fiscal year 1986-1987 budget preparation. R-86-26 Page Six C. Special Activities The Deer Hollow Farm lease with the City of Mountain View has in the past been reviewed annually and is now being proposed for a period of ten years. This change is being recommended as a result of negotiations with the City for the implementation of the first phase of the water system, whereby the City agreed to participate in the partial funding of the project. This extended lease will better enable the City to imple- ment major improvements with long term financial implications. The proposed lease is being presented to you as a separate item at this meeting (see report R-86-25, dated April 10 , 1986) . Comments regarding use and management of the Preserve have been received from the City of Mountain View and are attached (see exhibit B) . These comments focus on trail conflicts , level of patrol and potential restor- ation of the Grant house. The trail issue has been addressed in the pre- vious section A - Access and Circulation. The restoration project is addressed below and the patrol issue is discussed in the following sec- tion D - Site and Visitor Protection. A concern that has been raised most recently is the inconvenience caused by the closure of the restrooms in the farm area. These restrooms were initially provided by the City for the use of participants of the farm program. Over the past year, though, the use by the general public has become so great that City staff is unable to keep the restrooms maintained for their intended use , there- by forcing their closure during non-program hours . Visitors are being urged to utilize the restrooms provided at the County Park. New or Revised Use and Management Recommendations 1. District staff will work with City of Mountain View staff in pre- paring a plan to improve the screening around the restroom facility to make the restrooms appear to be less available to the general pub- lic. The City will also be requested to install signs on the rest- rooms which state they are for program use only, and public restrooms are located at the County Park. 2 . District staff will work with the City of Mountain View in preparing a grant application for the restoration of the Grant home. The Dis- trict staff 's participation will be limited to providing .support material and design approval as necessary. D. Site and Visitor Protection As the level of use of the Preserve increases , it is evident that fre- quency of problems also is on the increase. It is recognized that the City of Mountain View staff and docents have offered a great deal of assistance in dealing with problems not related to the farm operation. In an effort to continue our unique and successful cooperative arrange- ment with the City, District staff will be attempting to increase their surveillance over the next year. An approach to accomplishing this is the implementation of open space technician positions as outlined in the recently adopted Land Management Staffing Study. These positions will increase foot patrol and visitor contacts on heavily used preserves such as Rancho San Antonio. USE AND MANAGEMENT PLAN. SUMMP' CHART Exhibit A A. New Use and Management Projects Now Being Considered i Proposed Site Projects -Funding Anticipated Funding Project FY 85/$6 FY 86/87 FY 87/88 Schedule Project/Funding Notes 1. Develop trails plan Fa 86 Requires public work- shop. 2. Redesign Ravensbury 2,000 Fa 86 Gates, stiles, drainage) access ` 3. Improve Rogue Valley 11000 Fa 86 Surfacing Trail 4. Motorcycle barrier- 250 Fa 86 Replace log Upper Rogue Valley 5. Realign Meadow Trail 500 Sp 87 Reduce grade 6. Stable site - Meet with Planning project Park Commission 7. Construct -duplex 20,000 Su 86 Design funded 85/86 8. Roof & landscape Upper 12,000 Fa 86 Planting plan in-house House 9. Investigate sealing Wi 86 Staff study Reservoir 10. Bridge study at old Su 86 Staff study house site 11. Bicycle racks 300 Sp 87 New design 12. Farm restroom redesign Su 86 Joint planning with City, 13. Historical Grant-Grant Support City staff 36,050 B. INCOMPLETE EXISTING USE AND MANAGEMENT PROJECTS Proposed Site Projects Funding Anticipated Funding Project FY 85/86 FY 86/87 FY 87/88 Schedule Project/Funding Notes 1. Trail construction 5,000 Sp 86 Deferred until trails Mora to Valley plan resolved 2. Trail etiquette signs 200 Su 86 Deferred 3. Water system-Phase II 10,000 Su 87 Connect Ranger Yard 4. Stable lease Sp 86 Change to 2 years 5. Upper House plans 1,000 Sp 88 Defer for reconsider- ation 6. Lower House plans 1,500 Sp 86 Construction drawings 7. Study carrying capacity Y g P Y Deferred e erred 8. Joint management agree- Remains informal ment with County 9. Perimeter fence-farm Under consideration 10. Relocate septic - Dropped Lower House 11. Gate-Ravensbury (Closs) Combined with new project for redesign 12. Sign on Foothills Blvd. Deferred by County 13. Ranger Yard expansion 750 Deferred plans 3,250 5,200 10,000 �i Exhibit .A (coast.) C. COMPLETED EXISTING USE AND eiANAGEMENT PROJECTS Proposed Site Projects Funding Anticipated Funding Project FY 85/86 FY 86/87 FY 87/88 Schedule Project/Funding Notes i 1. Evaluate trail conflicts 85/86 Remains problem - Revised trails plan necessary 2. Investigate farm bypass Su 85 Bypass unfeasible 3. Trail etiquette brochure Sp 85 Moderate results 4. Resolve running conflicts Sp 85 Workshop held 2/20/85 f with local schools Letters sent 5/6/85 5. Remove abandoned cars Sp 85 6. Trail/wildland signs-Cho Fa 85 7. Water meter - Phase I 4,000 Su 85 Completed Phase I. $10,000 contribution from Mountain View 8. Dam safety study Sp 85 Fair condition 9. Boundary plaques-Closs Fa 85 10. Trail bridges-Cho Sp 85 11. Remove cottage 4,000 gg I D. ANNUAL USE AND MANAGEMENT PROJECTS Proposed Site Projects Funding Anticipated Funding Project FY 85/86 FY 86/87 FY 87/88 Schedule Project/Funding Notes I 1. Road maintenance 1,550 1,750 2,000 PG&E contributes, including brushing 2. Trail maintenance 900 1,000 1,000 Includes barriers 3. Sign replacements 350 450 450 . Increase due to new trails 4. Water service 2,000 * 2,000 2,000 5. Tree trimming 1,500 1,500 1,500 Losing oaks still 6. Discing fuel breaks 1,000 1,000 1,000 7. Brochure printing 700 750 800 8. 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X Rancho San Antonio a i Lease Area uvene Open Space Preserve. h Y, D c k Wind �� �� �..., ��. �- mi I J Pasture Area �� ,�,�� �� "` n - �\�Wa:;r I illzt ,t - �../ `J, �. •� .,�..._�' �a`�ti'{� ..�c. .. \ �e' ., �y`:Wer '`I •1 -� \•� .I�:,:;: �_ '' v de • Ran�ypr 4 l �- J ��Z. .. .. Y ,� A�, r 7 2: uu•ph Maryk u11 t _. I �, / (� \ l� �; �'^li.+•`�•wwr^ ,�"t'�f ' -Jy ♦�� Rest cue uary tir nary IP1eadow 7ti e ' > .HERMIT f ,,` ` ///��% i) Jl� ,,r^••r..J C �l 1 �g ,�\ro `.. A.PARKIN 4t. , 11p%/�li/• ;// l ll,,(J�/I (SILi.- moo„ ,4� " _ - - \ � •,•�, w �-liaT.•.' C1eeP,ao .>`v7� �+` \ ♦ ••.. a1J �J 600� Pa rk i n ,1 ` - w ; "'•^ �ssR 'y=, �.. -.\ Rp�P �Q� ♦ ..'. - - -^. - {k• •[1�l fi'P a •tr O *`tount dr}CI I✓ ad .. :. ,z \ RO ' � \/- �l. '�� L�Ir.JI r\ ,� /1` \,� � ��\` �.. \I-�\ A t'•`.../�<'S< frY'L r' - .. 13 t-:`��L-.Jp� JR •ts. .Fry %�!'. Q,ar� :F 4r.;..' ,Exhibit B °�` I �\ G� 3 'l ' �r F RANCHO SAN ANTON I O ;. OPEN SPACE PRESERVE u ✓"�? " / / r\BlacM i tal •- iv- �'� ► JJ��s\'� �! ) L= �� 'r°��% rr'g� 1 ���; 1( - �` SCALE I" = 2000 t NORTHif r t '&.,:. A •ji 3': .^S.. .;rv.F 1 .,ti y. •.w:r•:•,Y�,,!�`�+!�:!^`lmt .rs•.,sw� Exhibit C CITY OF MOUNTAIN VIEW INTER-OFFICE MEMORANDUM DATE: November 25, 1985 TO: L-David Hansen, Land Manager Del Woods, Open Space Planner Jim Boland, operations Supervisor FROM: Paula Bettencourt, Recreation Director Mary Gilman, Senior Recreation Coordinator SUBJECT: USE/MANAGEMENT--DEER HOLLOW FARM AND RANCHO SAN ANTONIO OPEN SPACE PRESERVE This report summarizes concerns and recommendations discussed by City staff regarding the relationship between Deer Hollow Farm (City of Mountain View) and Rancho San Antonio open Space Pre- serve (Midpeninsula Regional open Space District)--in particular , seasonal impact, trail use and historical structure. 1. SEASONAL IMPACT Recommendation That the Midpeninsula Regional open Space District assign a ranger to Rancho San Antonio open Space Preserve Saturday and Sunday, 9 a.m. through 5 p.m. , during the months of March, April and May (entrance, Wildcat Canyon, High Meadow, Rogue Valley) . Background The visitor population to Rancho San Antonio has steadily increased and is always at its peak during the spring months. In the past, many people came to the Preserve only to visit Deer Hollow Farm, but this is no longer true. In recent years, the Preserve has been attracting people to the area on its own. The trails and canyons are well used by runners and hikers, groups as well as individuals, who are attracted to the area for reasons/uses other than Deer Hollow Farm. While this heavy influx of users into the Preserve has many beneficial aspects, there are also a good number of negative side effects--i .e. , littering, smoking, trail cut- ting , user conflicts, loose dogs and plant removal (primarily wildflowers) November 25, 1985 Page 2 The City is aware of its responsibility concerning Deer Hollow Farm and is committed to quality management of the area. We feel quite strongly, however , it is not our respon- sibility or role to manage the Preserve. The high use of the Preserve in the last few years has put the City (in many instances) in the "tricky" and unfair position of doing just that. The public often does not realize or even care about the two agencies' distinction. Problems occurring on the Preserve (loose dogs , trail conflicts, smoking, etc.) are brought to City staff's attention simply because the staff is there and highly visible. In the springtime, City staff often must deal with problems that have absolutely no rela- tionship to Deer Hollow Farm. City staff is spending approx- imately 25 percent to 40 percent of Saturday/Sunday work hours dealing with problems relating to wildflower/vegetation removal, smoking , dogs and other miscellaneous issues that would be more appropriately handled by District staff. We have arrived at the point where it may be impossible to keep the Farm open and serve as liaison to the District for Pre- serve use during this heavy season. Since the Preserve is overloaded on spring weekends, one solution would be for the City to close Deer Hollow Farm Saturday and Sunday, March through May, just to avoid dealing with the public. We feel this solution would be counterpro- ductive to both the City and the District's goals. A more positive approach would be for the City to keep the Farm open and deal with the visitors and Farm situations. Midpeninsula Regional open Space District could assign a ranger to Rancho during this high-impact spring weekend period and deal with problems and pressures related to the Preserve. Hopefully, this assignment could begin March 1986 on a trial basis and be evaluated every 30 days through the season with a final evaluation taking place in June. The City is interested in cooperating with the District--the relationship between the two is unique and an example for other communities to follow. The District's cooperation in this particular problem area would be most appreciated. 2. TRAIL CLOSURE Recommendation That the Mid peninsula Regional open Space District designate Wildcat Canyon for hiking only, thereby creating one trail for nature study, a peaceful, quiet environment. " November 25, 1985 Page 3 1 Background Rancho San Antonio has had many conflicts among trail users. Efforts have been made over the past years to educate the abusers, but conflicts still occur . Listed are key issues: 1. Runner/hiker collisions. 2. Increase in running population, which leads to increase in user conflict. 3. Narrow trails in Wildcat Canyon, making it difficult for runners to pass hikers safely. 4. Wildcat Canyon is an excellent yet delicate sampling of our natural resources. 5. School classes spend a great deal of time on the trail for their studies. Due to injuries to children, Deer Hollow Farm staff and docents have now been advised to teach children to quickly yield the right-of-way to runners. 6. Complaints concerning rude runners are expressed daily by other trail users. NOTE: Some specific examples of trail user conflicts are presented below: 1. Runner brushing into six students on Wildcat Canyon Trail. 2. Runner bumping a child while the child's group was waiting for a truck to pass (Deer Hollow gate) . 3. Runner knocking woman off Wildcat Canyon Trail into poison oak. 4. Runner brushing into a hiker ' s mother on Wildcat Canyon Trail. 5. Runner expressing his annoyance because he had to wait for children to get through the Deer Hollow gate exclaiming: "These trails are meant for runners." 6. Runner bumped into Deer Hollow docent when the docent attempted to warn others that "a jogger was approach- ing." The jogger/runner exclaimed that she was not a f I November 25, 1985 Page 4 i jogger but a runner and proceeded to then run into a docent while trying to pass on a narrow trail (Wildcat Canyon) . 7. High school runners yelling to first-grade students to "watch out for the snakes with the large fangs." S. Runners' use of the trail from the permit lot to the Deer Hollow gate as a track (running in circles) . 9. Hiker expressing her dislike of the runners' spitting and nostril-clearing habits along the trail. 10. Runner brushing student by the Blacksmith Shed at Deer Hollow. 11. Runner requesting that the farm truck and driver "get the hell out of my way" while the truck was stopped waiting for hikers to pass (Deer Hollow between garden and barn) . 12. Hikers expressing the fear of being "run into" if they do not always step off the trail to get out of the way. During the summer of 1984, Deer Hollow Farm staff was asked to stand in front of their students on the trail (in awkward, narrow areas) and request that the runner slow down to avoid collisions. This method occasionally worked. However , because of abusive language on the runners' part at being asked to slow down, the staff was asked not to make any verbal contacts. During the summer and fall of 1985, the staff and docents were asked to get their students out of the way of the runners. This is taught to the children during the opening "circle time" at the same time the topics of poison oak and snakes are discussed. Obviously, not all runners cause problems--many are quite cooperative. Also we realize the trail conflict/trail use , larger is sue th e Distric t is art of a 1 situation at Rancho is 9 s P addressing. As the District discusses the situ ation, we would like to add our support to the closure of Wildcat Canyon to runners and urge the District to do so soon. 3. HISTORICAL STRUCTURE Recommendation That the Midpeninsula Regional Open Space District consider restoring a structure of historical value located at Deer f Hollow Farm--"Jasper House," built in the 1800s. I November 25, 1985 Page 5 Background "Jasper ' s House" is slowly but surely deteriorating. The building could qualify for the Historical Register . The City would be interested in discussing a cooperative project for restoration/renovation of the structure. p PB/REC 1202-1121M ,1 pi A Y FINANCIAL FEASIBILITY STUDY FOR SPECIAL USE FACILITY D. Projected Equipment Expenditures Exhibit D Rental Unit Use Facility A. Projected Capital Improvements (Initial Development) ----------- ------------ Window coverings 3000 Rentai Unit Use Facility Tables & chairs 2000 ----------- ------------ Kitchen ware 250 New roof 4000 New roof 8000 •--------- Interior separation, Interior separation 5000 5250 new entry & kitchen 20000 Appliances 3000 Appliances 0 Fire protection sys 0 Fire protection sys 5000 E. Projected Operating Expenditures Utility separation 7000 Utility separation 3000 Fencing 1000 Fencing 1500 Rental unit Use Facility (Baseline aata per event) Heaters overhauled 1500 Heaters overhauled 0 ----------- ------------ Pool filled in 0 Pool filled in 2500 P6E 20 New septic tank 500 New septic tank 1000 Propane 30 Permits 250 Permits 250 Cleaning 50 --------- --------- Water 5 33250 26250 Caretaker (Scheduling & presence) 50 B. Projected Annual Expenditures (Maint. & Insurance) 155 Rental Unit Use Facility - - F. Analysis of 3 Proposed Management Schemes Exterior repair 100 Exterior repair 100 (Based on phasing out rental unit after 2nd, 5th, & 10th yr Appliance repair 200 Appliance repair 200 to establish a ranger residence) Heater repair 200 Heater repair 200 Line Item Cost/Itee,Mo. 4 Items,Mos Amount Water pump repair 200 Water pump repair 200 interior repair 100 Interior repair 100 or Event or Events Per Year Road maint 300 Road maint 500 ------------------------------------------------------------------ Insurance 600 Insurance 600 . --------- _________ + Capital Improvements 5950 1700 1900 Annual Expenditures (Maint) 10 Annual Expenditures (Utitlies) 1675 Equipment Expenditures 5250 C. Projected Annual Expenditures (Services and Utilities) Operating Expenditures 155 24 3720 I Rental Unit Income 1200 12 14400 Rental Unit Use Facility Special Use Fee Income 100 24 2400 ----------- ------------ ------------------------------------------------------------------ . PSE (lights,pump.water) 250 Cash Flow on 10 year rental -3395 Propane (pilots) 50 Cost based an 5 year rental Cleaning 75 mm Telephone (Sevice ch.) 100 Cost based on 2 year rental Water (landscape) 300 Caretaker (surveillance) 600 Gardener 304 R-86-25 (Meeting 86-09 N10f April 16 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 10 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen , Land Manager; D. Woods , Open Space Planner SUBJECT: Proposed Amendment to Deer Hollow Farm Lease with the City of Mountain View to Provide for a Ten Year Term Recommendation: I recommend that you authorize the President to sign the attached ten year amendment to the lease agreement with the City of Moun- tain View for the management of the Rancho San Antonio Space Preserve Deer Hollow Farm Area. Background: This report is the specific item mentioned on page 6 of the Rancho San Antonio Use and Management review (see report R-86-26 dated April 11, 1986) . Since 1979 the City of Mountain View Parks and Recreation Department has managed the Deer Hollow Farm Area in the Rancho San Antonio Open Space Preserve. The City's management of this facility has been a highly successful marriage between the City and the District in both pro- tecting and improving the site resources and facilities and, at the same time, in offering the public programs of immense enjoyment and value which the District would not currently provide on its own. The lease has been renewed annually since its initial approval. This renewal process has become a somewhat time consuming task which is now not truly necessary due to the success of the program and to the joint agency commitments to major site improvement projects which will enchance the Farm and Preserve. Open Space Management staff has met annually with Paula Bettencourt, the Recreation Director, and Mary Gilman, the resident Naturalist and Senior Recreation Coordinator, to discuss site problems and projects . In addi- tion, a daily working relationship continues between City and District field staff in the ongoing operation of the area. A major cooperative project affecting the Farm has been the recent Phase I completion of the new site water system. The City has committed $9824 to this project to date and is prepared to aid future extensions of the line into the Farm. You will recall that this system was built principally to aid building and site fire protection for the Preserve, including the Farm. Principal items requested by Mountain View in the amendment to the agree- ment include: A The ten year agreement period; Y g B) A commitment to spending City funds (with mutual consent) on Farm improvements but with a reimbursement obligation by the District of such funds if the lease is terminated before the ten year period ends; R-86-25 Page Two C) Acknowledgement that the City may sell animals , animal byproducts , and agricultural produce provided that all funds from these trans- actions are used to aid Farm operation. Staff concurs with all these changes. A copy of the original agreement as well as the amendment are attached. District Counsel has approved the amendment as to form. FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MOUNTAIN VIEW AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT THIS AMENDMENT TO AGREEMENT is made by the CITY OF MOUNTAIN VIEW, a municipal corporation, whose address is 444 Castro Street, Mountain View, California, 94041 (hereinafter referred to as "CITY" ) and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district under the 'laws of California, whose address is 375 Distel Circle, Suite D-1, Los Altos , California, 94022 (hereinafter referred to as "DISTRICT") . RECITALS A. On November 12, 1981, CITY and DISTRICT entered into an AGREEMENT allowing CITY to .provide activities for its citizens at DISTRICT's Rancho San Antonio Open Space Preserve , hereinafter referred to as "AGREEMENT." B. CITY has constructed, at CITY expense, a fire protection system for its Deer Hollow Farm area, and AGREEMENT with DISTRICT must be extended to amortize this investment by CITY. NOW, THEREFORE, in consideration of the recitals and mutual promises contained herein, CITY and DISTRICT agree to amend the AGREEMENT as follows: 1. Section 20 of the AGREEMENT shall be amended to read as follows: 20. This AGREEMENT shall become effective October 1, 1981 and shall continue in effect until March 31, 1996, unless sooner terminated by action of either party in accordance with the terms of this AGREEMENT as herein specified . Upon the date of March 31, 1996, and at the end of each year thereafter , the parties, by mutual consent , may extend the terms of this AGREEMENT by one (1) year under such condi- tions and pursuant to such terms as they may then agree upon. Unless the terms of this AGREEMENT are mutually changed by the parties, the City Manager of CITY shall have the authority to execute annual extension of this AGREEMENT without the approval of CITY Council first being obtained, and the General Manager of DISTRICT shall have the authority to execute an- nual extension of this AGREEMENT without the approval of the Board of Directors first being obtained. -1- 2. Section 6 of the AGREEMENT shall be amended to read as follows: 6 (a) CITY shall not make or suffer to be made any alterations , additions or improvements (which shall include but not be limited to outbuild- ings , fences and signs) to or of the premises or any part thereof without the prior consent of DISTRICT first . CITY shall make available to the DISTRICT all plans and specifications for such alterations , additions or improve- ments. Upon approval by DISTRICT, CITY agrees to complete such work in accordance with such plans and specifications. Any permanent alterations , additions or improvements of said premises shall become a part of the realty and belong to DISTRICT. The two (2) rest rooms installed and maintained by the CITY in the barnyard area shall not be considered a part of the realty and may be removed by the CITY upon termination of the AGREEMENT. 6 (b) Permanent alterations, additions or improve- ments of said premises made for the purpose of safeguarding the Deer Hollow Farm management area shall be made with consent of both parties. Should the CITY agree to incur the cost of said alterations, additions or improvements , or portions thereof , and the DISTRICT terminates this AGREEMENT prior to a 10-year period following the completion of said alterations , additions or improvements , and the incurring of costs by CITY, DISTRICT agrees to reimburse the CITY for actual cost of said alterations, additions or improve- ments. DISTRICT' s obligation to reimburse CITY for actual costs will be reduced yearly over the 10--year period by treating the alterations, additions or improvements as a depreciable asset with a 10-year life . The rate of depreciation shall be based upon a straight-line depreciation method. The CITY agrees to pay the DISTRICT $9, 823. 89 for installation of a fire protection item which was installed June 1985 to safeguard Deer Hollow Farm management area from fire danger . -2- ti as h be ended to read 3. Section 7 of the AGREEMENT shall am follows: 7. CITY may sell agricultural produce , farm animals and/or their byproducts provided all revenue from said sales is used by CITY to help pay for the cost of maintaining the garden or farm animals. 4. All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, this FIRST AMENDMENT TO AGREEMENT is executed by the CITY and DISTRICT. This FIRST AMENDMENT TO AGREEMENT is dated APPROVED AS TO CONTENT: CITY OF MOUNTAIN VIEW, a municipal corporation By: APPROVED AS TO FORM: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT District Counsel President Board of Directors I -3- AMENDMENT TO AGRi EMENT BETWEEN CITY OF MOUNTAIN VIEW AND MID-PENINSULA REGIONAL OPEN SPACE DISTRICT This Amendment to Agreement is made by the CITY OF MOUNTAIN VIEW, a municipal corporation, 'whose address is 444 Castro Street, 114ountain View, California, 94041, hereinafter referred to as "CITY," and MID-PENINSULA REGIONAL OPEN SPACE DISTRICT, a public district and =under the laws of California, chose address is 375 Distel Circle, Suite D-1, Los Altos , California , 94022, hereinafter referred to as "DISTRICT." RECITALS On April 15, 1981, CITY and DISTRICT entered into an agreement allowing CITY to provide activities for its citizens at DISTRICT' s Rancho San Antonio Open Space Preserve .' NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, CITY and DISTRICT agree to amend said above-referenced agreement as follows: Paragraph 20 is amended to read that the Agreement will be extended from April 1, 1985, and will continue in effect until March 31, 1986. IN WITNESS WHEREOF, this Amendment to Agreement is executed by the CITY OF MOUNTAIN VIEW pursuant to Resolution No. 12569, and by MID-PENINSULA REGIONAL OPEN SPACE DISTRICT.- This Amendment to Agreement is dated April 12, 1985. APPROVED AS TO CONTENT: CITY OF MOUNTAIN VIEW: APPROVED AS TO FORM: MID-PENINSULA REGIONAL OPEN SPACE DISTRICT: Aerbeit Grench P3/REC/1202-7-1A DUPL.L _l E DRIGINAL AGREEMENT BETWEEN THE CITY OF MOUNTAIN VIE W AND MID-PENINSULA REGIONAL OPEN SPACE DISTRIC T THIS AGREEMENT is made and entered into this la+L day of NoVoymjjew 1931' by and between the City of Mountain View, a municipal corporation, hereinafter called "CITY" and the Mid-Peninsula Regional Open Space District, a public district under the laws of California, hereinafter called "DISTRICT." PURPOSE In order to provide an expanded and varied program of organized recreational activi- ties for the citizens of the CITY, CITY has arranged with DISTRICT to use DISTRICT's Rancho San Antonio Open Space Preserve, formerly known as Permanente Creek Park, located in Los Altos Hills, adjacent to St. Joseph's Seminary, for recreational and educational programs, consisting of activities such as archery, arts and crafts, hiking, picnicking, games, singing, nature studies, swimming and caring for farm animals. It is understood by both parties that the Rancho San Antonio Open Space Preserve is a semi -wilderness area with certain environmental hazards, such as uneven landscape, wooded areas, poison oak, wildlife and rattlesnakes, and that DISTRICT makes no assurances as to the safe condition of the property. CITY shall offer no programs that, in the estimation of DISTRICT, have a negative impact on .the environment of the area, or the future use of the property. In consideration of the mutual covenants and conditions contained herein, the par- ties agree as follows: 1. DISTRICT agrees to provide the primary use of the area and buildings indicated on Exhibit "A," known as Deer Hollow Farm, without charge to the CITY, to carry out recreational and educational programs. For pri- mary use of Deer Hollow Farm (Exhibit "A"), CITY agrees to allow a mini- mum of thirty-three and one-third (33 1/3) percent of the groups and individuals using the farm to be non-residents of the CITY, to partici- pate in farm-related programs during the fall , summer and spring months. During the summer months, the CITY shall have exclusive use of Deer Hollow Farm for its day camp program. 2. DISTRICT agrees to provide the nonexclusive use of other areas in Rancho San Antonio Open Space Preserve without charge to the CITY for hiking, nature study and swimming. 3. CITY may provide a resident naturalist to coordinate and supervise CITY's programs. Said employee and such person 's immediate family shall reside within the management area using the building marked "Resident Naturalist's House" on the attached Exhibit "A." 4. CITY shall be responsible for all utility bills and normal maintenance of buildings and grounds associated with Deer Hollow Farm management area. The degree of such maintenance determined to be necessary or desirable within the management area shall be at the discretion of the CITY. If the CITY uses the swimming pool located at the Resident Ranger House for its programs at any time during the term of this agreement, the CITY shall maintain the pool for the entire term. 5. Other buildings, outside the CITY's management area, bridges, roads, trails, and all other improvements on the property shall be maintained by DISTRICT, to the degree such maintenance is determined to be neces- sary or desirable at the sole discretion of DISTRICT, provided that nothing herein shall be deemed to impose on DISTRICT any responsibility assumed by CITY in paragraph 4 hereof. DISTRICT shall maintain the through road and bridge in management area. 6. CITY shall not make or suffer to be made any alterations, additions or improvements (which shall include but not be limited to outbuildings, fences and signs) to or of the premises or any part thereof without the prior consent of DISTRICT first. CITY shall make available to the DISTRICT all plans and specifications for such alterations, additions or improvements. Upon approval by DISTRICT, CITY agrees to complete such work in accordance with such plans and specifications. Any perman- ent alterations, additions or improvements of said premises shall become a part of the realty and belong to DISTRICT. The , wo42) r strooms installed and maintained by the CITY in the barnyari� area shall not b�__ cons�dei"ed a_art--0T�1 a�ea�t — -- --_ P y andmay be rr�moved by the CITY union_ter- .minat­1Un_�f ttie agreement:_ _ _ _._ _ _ 7. CITY agrees that all agricultural produce grown on DISTRICT lands will be consumed by participants, naturalists or other recreational program participants offered by the CITY and are not to be sold. CITY may sell farm animals an d/or their byproducts provided all revenue from said sales is used by CITY to help pay for the cost of maintainer the farm g animals. 8. Upon immediate oral notice, DISTRICT may designate certain areas unsafe or unusable to CITY and restrict or prohibit the us e se of said areas to CITY until further notice. 9. CITY agrees to furnish and pay for all necessary services, supplies, and materials directly related to the program, including utilities and trans- portation. 10. CITY agrees to obtain all necessary permits for fire, safety, health, and other clearan ces required b local 1 and q State tate agencies la cues necessitated by the use of the Preserve by CITY to carry out its programs. 11. CITY shall be responsible for all necessary or appropriate supervision and control o over agents and employees of CITY, participants in the pro- gram, and other persons on the ro ert P P y at the invitation of the CITY or as a direct result of CITY's programs. Responsibility for supervi- sion and control include providing qualified staff members and volunteers to protect the safety of the participants and to promote, organize and conduct the various programs. 12. It is expressly understood that this agreement is not intended and shall not be construed to create a relationship of agent , servant , employee, partnership, joint venture or association between DISTRICT and CITY, but it is, rather, an agreement between independent contractors. Each is to be responsible for its liabilities in the areas of responsibility designated by this agreement. 13. For purposes of this paragraph (and as used elsewhere in this agreement), "CITY participant" shall mean and include supervisors, employees, staff members and volunteers for CITY, all participants in the program, and all persons on the proper ty at the invitation of CITY or as a direct result of CITY's program. CITY shall have a responsibility and bear Primary liability ty fo r: a.' Locating and iden tifying in 9 an y hazards, na tural al or man-made, on the property and calling such hazards to the attentio n of CITY participants. b. Loss, damage or injury to CITY participants, for any cause what- soever, except negligent, willful , wanton or active misconduct of DISTRICT's officers, agents or employees. c. Loss or damage to property of CITY or of CITY participants from any cause whatsoever, except the negligent, willful , wanton or active misconduct of DISTRICT's officers, agents or employees. d. Loss, damage or injury to third persons, including employees of DISTRICT, caused by the negligent or wrongful act or omission of CITY or CITY participants. e. Loss of or damage to property of third persons, including property of DISTRICT and its employees, caused by negligent or other wrongful acts or omission of CITY or CITY participants, Nothing herein shall be construed to impose on CITY responsibil 1.ity for any liability for which DISTRICT would otherwise be responsible and which is in no way attributable to the conduct of the CITY's progra►i or activities under this agreement. DISTRICT shall have the responsibility and bear primary responsibility for these activities and risks not under- taken by the CITY pursuant to this agreement. CITY participants shall be deemed to be on the property at the invita- tion of CITY and not of DISTRICT. lY. CITY shall carry liability, property damage, death and bodily injury insurance during the term of this agreement covering, among others, the insurable risks set forth herein, and DISTRICT shall be named as addi - tional insured on said policy. Said policy shall be in an amount not less than $1,000,000 per injury or death to one person, $1,UUU,000 per occurrence, and 1 ,0U0,0(l0 property damage. CITY shall furnish DISTRICT a certificate of insurance evidencing such insurance coverage. CITY shall carry fire insurance on Residefit naturalist 's house in an amount sufficient to repair or rebuild house at cir,e of fire. Said policy shall include an escalation clause to provide for inflating building costs. All other structures within the area shall be the responsibility of the CITY due to the luSs or ddruage resulting from fire, vandalism or any other causes. I 15. DISTRICT shall carry liability, property damage, death and bodily injury insurance during the term of this agreement covering its risks arising out of its ownership of the property in an amount not less than $1,000,OOU per injury or death to one person , and $1 ,OOU,000 per occurrence, and $1,000,000 property damage. , 16. CITY hereby agrees to indemnify, defend and hold harmless the DISTRICT from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses, including attorneys ' fees and court costs, in any matter related to or occurring during the program, provided that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of the CITY's employees or agents, or otherwise arises out of matters which by the terms of this agreement are the responsibility of the CITY. 17. DISTRICT hereby agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses, including attorneys ' fees and court costs, in any matter related to or occurring during such recreational program, provided that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts of the DISTRICT's employees or agents, or otherwise arises out of matters which by the terms of this agreement are the responsibility of the DISTRICT. 18. Each party shall , in good faith, attempt to avoid interference with the activities and facilities of the ocher, in keeping with the spirit and purposes of this agreement. 19. Either party may, without cause, withdraw unilaterally from this agree- ment after 90 days ' written notice to the other party, with the result that this agreement shall be terminated at the end of such 90-day period. 20. This agreement shall become effective October 1 , 1981 and shall continue in effect until March 31, 1982, unless sooner terminated by action of either party in accordance with the terms of this agreement as herein specified. Upon the date of arc 31, 1982, and at the end of each year thereafter, -� the parties by , consent may extend the terms of this agreement by one (1) year under such conditions pursuant to such terms as they may then agree upon. Unless the terms of this agreement are mutually changed �.. by the parties, the City Manager of the CITY shall have the authority to execute annual extension of this agreement without the approval of CITY Council first being obtained. 21. CITY agrees to file an addendum to this agreement with the DISTRICT, and receive DISTRICT approval , prior to any capital improvement projects by the CITY on DISTRICT lands. APPROVED AS TO FORM: CITY OF MOUNTAIN VIEW: y C ICY A- RI,E Y APPROVED AS TO CONTENT: MID-PENINSULA REGIONAL OPEN SPACE DISTRICT By: Director of Pa an Recreation c DATE: /c' of �� PB/SS/Z 66/82-6 Pi'U OEAV M LAC%�D= � • MARAGEr���1T � CO - -�-r- FEN r S /pus �� ''.�r�{ •+ & P�r�1G#�iQ `.�hN AyToN�O o� 5F>�`;� K� S M►D-PF.f ," �1 L�1 �rO�CIA L GIN 51r C.E n,5 Ti JC T GLL 5WN12AK`( atop 1 � - 120' qka0►� t / 1Ctf i✓�'{�I � ��hlltttr� MAPOA Pi I Vt _4 T ?•G f7a6 G • E---!� —� Cori=,y ;-��,�� . M-86-42 (Meeting 86-09 April 16 , 1986) Vie am A&4"M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 11 , 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Administrative Services Manager SUBJECT: Calling of Special Meeting and Authorization for Board Members' Expenses Recommendation: I recommend that you call a Special Meeting for Saturday, May 17 for the purpose of participating in the Not-So-Annual Reqional Park and Open Space District Conference in Monterey. The all-day meeting will convene at approximately 10: 00 A.M. in the Conference Room of the Monterey Bay Aquarium, and will be continued to Sunday, May 18 for tours of Monterey Peninsula Regional Park District sites. I further recommend that you authorize conference registration fees, meals, overnight .accommodations, mileage, and miscellaneous expenses for Board members attending the Not-So-Annual Regional Park and Open Space District Conference in Monterey on May 17 and 18 in Monterey. Discussion: At your meeting on April 9, you requested that staff place an item on your April 16 Special Meeting agenda concerning authorization of expenses for Board members planning to attend the May 17 and 18 Not-So-Annual Regional Park and Open Space District Conference. The two-day conference is being hosted by the Monterey Peninsula Regional Park District. Saturday's meeting, which will begin at 10: 00 A.M. and include lunch, will be held at the Monterey Bay Aquarium Conference Room. Dinner for attendees is being planned for Saturday night. There will be tours of the Monterey Regional Park District areas on Sunday. Major conference expenses would be overnight accommodations and meal expen- ses. A single room at a moderately priced hotel near downtown Monterey falls in the $60 - $75 range. At this time, costs are not known for meals that will be served in conjunction with the Conference. Assuming each attendee' s total expenses are $150 , there are sufficient funds budgeted for fiscal year 1985-1986 to cover Board and staff conference expenses. �w1T!* MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: I I 1 , `l y i rt MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 i April 10, 1986 Mr. Ross Henry Executive Secretary Department of Parks & Recreation ' State of California Recreational Trails Committee P.O. Box 2390 Sacrame nto, CA 95811 Dear Mr. Henry: Thank you for our recent letter regarding the u Y e use of g eminent domain f g n or trail acquisition. Tony Look presen ted the Committee's Po ositx" n at the March 19 meeting of our Land Acquisition Policy Committee and followed up with the Committee on April 2. i The full Board will be considering policies regarding use of eminent domain at an April 23 public hearing at 7:30 P.M. at the District offices. You are invited to participate. Written comments for that meeting must be re- ceived at the office by 5:00 P.M., April 17 to be included in the meeting packet.t. Sincerely yours, Edward Shelley, President Board of Directors ES:ej cc:y1/MOSD Board of Directors California Recreational Trails Committee Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin v . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS, CALIFORNIA 94022 (415)965.4717 I April 10 , 1986 Board of Supervisors San Mateo County County Government Center Redwood City, CA 94063 Dear President Eschoo and Members of the Board: At our April 9 , 1986 Board meeting the Board of Directors of the Midpeninsula Regional Open Space District considered Supervisor Nolan's proposed ordinance banning the sale and use of fireworks in unincoporated areas of San Mateo County. ' Y The District already has a ban against use of fi reworks on District lands . Our Board voted unanimously to support the ordinance. District foothill reserves e P get a lot of use on the evening of July 4 for viewing displays along the Bay plain, and our Rangers full force to protect the safetyof the ge s are out in public and of District lands . July, of course , is a month of high fire hazard. (Use of fireworks is a regular, but lesser, problem at other times of the year. ) Because some members of the public want to light fireworks as well as to view them, the Rangers have a busy and sometimes difficult time. Especially difficult are situations where the incidents occur near the edge of District lands , and it is unclear as to whether or not they occurred on or off District lands. It would be very helpful, therefore, if our Rangers could enforce, and possibly cite under, both a County ordinance, which they are empowered to do, and the District regulations. We urge you to adopt the proposed ordinance. Sincerely, 7 Edward Shelley President Board of Directors ES :ej CC: MROSD Board of Directors -•---- 4 Grench,Genera/Manaoei Board of Ri[eclo[s- J ys MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 April 10, 1986 Mr. Jobst Brandt 351 Middlefield Road Palo Alto, CA 94301 Dear Mr. Brandt: Thank you for your recent letter expressing your interest in the Mt. Umunhum area and concerns regarding inaccessibility of certain roads and trails. The District's Board of Directors considered your letter at our April 9 meeting. The District shares your enthusiastic interest and fully recognizes the unique open space values of these lands. Over the past few years, we have embarked on a program to acquire and preserve as much of this area as possible. There is now a total of 2285 acres of open space in the Mt. Umunhum Area of the Sierra Azul Preserve which now encompasses properties extending from Hicks Road to the top of Mt. Umunhum. I have enclosed a map showing you the District's lands and boundaries. As you can see, our sphere of influence extends only to Loma Prieta, and from that area south we have no jurisdiction or intent to acquire land. I would suggest you contact the County regarding lands and roads in that area. The trail and road system on the Sierra Azul Preserve is being expanded as various properties are acquired. In fact, the most recent acquisition in progress, the former Almaden Air Force Base, includes the addition of Mt. Umunhum Road which will ensure public rights from Hicks Road to the top of the mountain. At this time, all of the trails and roads on the Preserve are open to the public for hiking and riding. When the acquisition of the Air Base property is complete, Mt. Umunhum Road will also clearly be accessible for public access as far as the upper gate near the structural facilities. The area immediately surrounding the buildings will be temporarily closed during a two year planning phase in an attempt to minimize security problems. Our planning process for the Mt. Umunhum Area will be underway by this fall, and we will be encouraging public involvement through a series of workshops and hearings. We have added your name to our mailing list so that you will be notified of these meetings, and we hope you will attend. We look forward to your continued support in our endeavors to preserve this beautiful area for i the public enjoyment. Sincerely, ' l GC 0— Edward Shelley, President Board of Directors ES:jc cc: V41OSD Board of Directors Santa Clara County Parks and Recreation Commission Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin All— _ ;`` . �,, 33 ,lames • . � _,u ME gg SIN MzWgM ��°' ��.� ., � l � , � , .• 1 � � - �:�=.1 Tom- t�� /ro MIN ..� NOR 7COM ,���� c,.� �y �P�'',�;., �� 4� .;�J,(� `e� ! L�-,•��.'�--`L`/�\� 3-' _ =fir► ANN NOR 0010 MW lm� a%} OWEN- "A ..� -IDMN t 111 5� ,��-`� j�' ��: ��1 �✓��1.-.ill ��` � 1� em-z-,w- kag IN SWIM, 1,.- IN— (1 „ prrg t ,,,,,,, 'ti�'` >• . ter robb Tea- NO cam,: 1�� I r- O'll N®R - s"llit R\ 10 LEN Mao MIMI R. JJ �,.q • � ��-y`� ",` ..�i�������� �,•:� ,�ram\ 1 �t 1