HomeMy Public PortalAbout19880608 - Agendas Packet - Board of Directors (BOD) - 88-13 Meeting 88-13
Milk,
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C,SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949-5500
REGULAR MEETING
BOARD OF DIRECTORS
7:30 P.M. * 201 San Antonio Circle
Wednesday Suite C-135
June 8 , 1988 A G E N D A Mountain View, CA
(7 : 30) * ROLL CALL
APPROVAL OF MINUTES (May 11, 1988)
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS -- Public**
ADOPTION OF AGENDA
BOARD BUSINESS
(7 :45) 1. Adoption of the Action Plan for the Implementation of the
Basic Policy of the Midpeninsula Regional Open Space
District for 1988-1989 Fiscal Year -- H. Grench
(7 :55) 2. Proposed Text for Land Acquisition Policy and Procedures
Brochure -- H. Grench
(NOTE: Discussion regarding Developed Community Definition
will not be included at this meeting, but will be discussed
at the next Land Acquisition Policy Committee Meeting)
(8:15) 3. Continuation of Long-Term Site Emphasis Planning Discussion
-- T. Henshaw
(9:15) 4. Final Adoption of the Preliminary Use and Management Plan
for the Menuhin Property Addition to the Sierra Azul Open
Space Preserve, Limekiln Canyon Area -- D. Hansen
(9:20) 5. Completion of Sale of Lands - Purisima Creek Redwoods Open
Space Preserve (Vallerga) -- C. Britton
Resolution Approving and Authorizing Acceptance of Property
Sale Agreement, Authorizing Officer to Execute Quitclaim
Deed From District, and Authorizing General Manager to
Execute Any and All Other Documents Necessary or Appropriate
to Closing of the Transaction (Purisima Creek Redwoods Open
Space Preserve)
(9:25) 6. Authorization to Reject Bid and to Re-Solicit Competitive
Bids for Underground Storage Tank Installation at Skyline
Ridge Open Space Preserve Ranger Facility -- D. Hansen
Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKlbbln,Teens,Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop
(9:30) INFORMATIONAL REPORTS -- Directors and Staff
CLAIMS
CLOSED SESSION (Land Negotiation, Litigation and Personnel
Matters)
ADJOURNMENT
*Times are estimated, and items may appear earlier or later than listed.
Agenda is subject to change of order.
* *TO ADDRESS THE BOARD: When an item you 're concerned with appears on the
agenda, the Chair will invite you to address the Board at that time; on
other matters you may address the Board under Oral Communications. An
alternative is to comment to the Board by a Written Communication, which
the Board appreciates. Each speaker will ordinarily be limited to 3
minutes. When recognized, please begin by stating your name and address.
We request that you fill out the form provided so that your name and
address can be accurately included in the minutes.
NOTICE OF PUBLIC MEETINGS
There will be a Special Meeting of the Board of Directors on June 11 , 1988
starting at 8: 30 A.M. at the Equestrian Parking Lot at Rancho San Antonio
County Park. The public is invited to attend.
There will be a Budget Committee Meeting at the District office on June 10
at Noon. The public is invited to attend.
There will be a Legislative Committee Meeting at the District office on
June 13 at 7 :30 P.M. The public is invited to attend.
There will be a Land Acquisition Policy Committee meeting at 7 :30 P.M. on
July 6 at the District office. The public is invited to attend.
Meeting 88-10 Page Two
i
3) a copy of a letter, dated April 21 , 1988 addressed to
Mr. Jack O ' Connell , Chair of the Assembly Ways and
Means Committee, from Phyllis Cangemi , Executive
Director of Whole Access , expressing support for the .
underpass at the Skyline Ridge Open Space Preserve and
a letter written January 28 , 1987 by Harry Dean, Jr. ,
Board Chair of Whole Access , also in support of whole
access to the Alpine Lake area of Skyline Ridge
Preserve.
K. Duffy stated that the draft response letters
prepared by staff for the Tatano and Stone letters were
approved by Board consensus and that no reply was
necessary for the letters pertaining to the underpass.
N. Hanko requested that all letters concerning Land
Acquisition Policies and Procedures brochure and
developed communities be forwarded to the Land
Acquisition Policy Committee members .
K. Duffy referring to the May 5 , 1988 letter from South
Skyline Association that had been included for the
Board ' s information, said that she would plan to attend
the May 19 general Membership meeting of the
Association. D. Hansen added that some staff members
would also be attending the meeting.
v` . UxAL COMMUNICATIONS
There were no oral communications .
ADOPTION OF AGENDA
K_ Duffy stated that the agenda was adopted by Board
consensus with the addition of Special Orders of the Day.
VI . SPECIAL ORDERS OF THE DAY
D . Hansen introduced Open Space Technicians Warren Phillips ,
Renita Gabrielson, and Frank Olson, the newest members of
Open Space Management ' s staff .
VII . BOARD BUSINESS
A. Final Adoption of the Preliminary Use and
Management Plan. for the Hergerton Property
Addition to the Sierra Azul Open Space Preserve,
Mt . Umunhur Area_.(Report_R-88-40 of May 3 , 1988)
D. Hansen noted that negotiations had been
completed for purchase of the trailer located on
the property at the cost of $1500. He said that
staff is currently trying to find a caretaker for
the site who will live in the trailer . Noting
that es-cro,,�r had cl-osed on April 29 , 1.988 , he
•fit d. Meeting 88-10
a mom
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C,SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949.5500
I
REGULAR MEETING
BOARD OF DIRECTORS
May 11, 1988 �!
MINUTES
I . ROLL CALL
President Katherine Duffy called the muting to order at
7 : 31 P .11.
Members Present: Richard Bishop, Teena Henshaw, Katherine
Duffy, Gerry Andeen, and Nonette Hanker .
Members Absent : Edward Shelley and Robert McKibbin.
Personnel Present: Craig Britton, David Hansen, Mary
Hale , Jean Fiddes , David Topley, Michael Newburn,
Warren Phillips , Renita Gabrielson, Frank Olson,
Stanley Norton, and Doris Smith .
it . APPPOVAL O ' NTj,4TTTES
Air 71 ?7 1988
.•lotion= R . Bishop moved that the Board approve the
minutes of April 27 , 1988 . 14. Hanko seconded the
motion. The motion passed 4 to 0 . G. Andeen was
not present for the vote .
III . WRITTEN COMMUTT-TICATIONS
D. Smith stated that the Board had received the following
written communications :
1) a letter, dated April 28 , 1988 from Alfonso R. Tatano,
P .O. Box 855 , Cupertino, congratulating the Board on
the completion of the draft of the Land Acquisition
Policies and Procedures and proposing that two items be
amended;
2) a letter, dated May 2 , 1988 from Candace Stone, 22500
Skyline Boulevard, La Honda, containing suggestions for
draft Land Acquisition Policies and Procedures; and
i
Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop
Meeting 88-10 Page Four
R-88-39 of April 7 , 1988 and that the Board
indicate its intention to withhold the 222
property from dedication as public open space
at this time. T. Henshaw seconded the motion.
The motion passed 5 to 0.
D. Epropq�sed,--9ppqr Property Addition to the Sierra Azul
Open ace Preserve,_ Mt. Umunhum Area.--(Report .R-88-47
0 f MAY 2, 12-8 8
C. Britton noted that the proposed property was
comprised of two contiguous 40-acre parcels located
adjacent to the former Witt property. He stated that
the purchase price was $216 , 200 and that the District
would also pay a broker ' s commission of $11 , 300 . D.
Hansen said that since there is currently no public
access to the site, it would be designated as a
Conservation Management Unit (CMU) . He said that the
structures on the property would be removed by the
current owner as part of the purchase agreement.
Motion: R. Bishop moved that the Board adopt
Resolution 88-15 , a Resolution of the Board of
Directors of the Mid peninsula Regional Open
Space District Authorizing Acceptance of
Purchase Agreement, Authorizing Officer to
Execute Certificate of Acceptance of Grant to
District, and Authorizing General Manager to
E,,-:ecute Any and All Other Documents Necessary
or Appropriate to Closing of the Transaction
(Sierra Azul Open Space Preserve - Lands of
Opper) . N. Hanko, seconded the motion. The
motion passed 5 to 0 .
Motion: R . Bishop moved that the Board tentatively
adopt the Preliminary Use and Management Plan
recommendations contained in the staff report,
including naming the property as an addition
to the Sierra Azul Open Space Preserve , Mt .
Umunhum Area, and indicate its intention to
withhold the property from dedication at this
time . N. Hanko seconded the notion. The
motion passed 5 to 0 .
In follow-up discussion, K. Duffy asked if grading
could be done to soften the building pads and bulldozed
cuts on the property. D . Hansen stated that staff had
discussed the subject and had concluded that , although
it would not be feasible to repair all of the total
damage done to the land, trees and shrubs could be
planted around the perimeter of the pads .
G. Andeen asked what the long range goals are for the
area and when public access would be possible . K.
Duffy stated that -the-re w,; s good potential for public
aeeting 88-10 Page Three
reported that staff had received no further public
comment.
Motion: R. Bishop moved that the Board adopt the
Preliminary Use and Management Plan for the
Hergerton property addition to the Sierra Aztil
Open Space Preserve, Mt. Umunhum Area,
including the naming, as contained in staff
report R-88-42 , and that the Board indicate
its intention to withhold the property from
dedication as public open space at this time.
N. Hanko seconded the motion. The motion
passed 5 to 0 .
B. Final Adoption of the Preliminary Use and Management
Plan for the Marden Property Addition to the Sierra
Azul Open Space Preserve , Mt, Umunhum Area {Report R-
88-50 of M.a,v 3, 1988)
D . Hansen said that staff had investigated the
disposition of the house trailer located on the site.
He stated that the trailer was not appropriate to use
as a residence and that staff is now recommending that
the trailer be removed from the site and relocated to
the Foothills ranger facility until its final
disposition could be determined. He noted that escrow
on the 20-acre addition closed on April 29 , 1988 and
that staff had received no further public comment.
Motion: N. Hanko moved that the Board adopt the
Preliminary Use and Management Plan for the
Marden property addition to the Sierra Azul
Open Space Preserve , Mt . Umunhum Area,
including the naming, as contained in report
R-88-38 , and that the Board indicate its
intention to withhold the property frog,
dedication as public open space at this time.
T. Henshaw seconded the motion. The motion
passed 5 to 0 .
C . Final Adoption of the Preliminary Use and
ila-nage',Ment Plan for the Keith Property Addition to
the Sierra Azul Open Space Preserve Mt Umunhum
Area (Repor-t R-88-51 _qf
D. Hansen said that escrow on the 13-acre Keith
property addition to the Sierra Azul Open Space
Preserve , Ht . Umunhum Area, had closed on April 29,
1983 and that staff had received no further public
comment .
Motion,: N. Hanko moved that the Board adopt the
Preliminary Use and Management Plan for the
Keith property addition to the Sierra Azul
Open Space Preserve , Mt . Umunhum Area,
including the naming, as contained in report
Meeting 88-10 Page Six
for payments to be made to the Land Bank to fulfill Mr.
Hosking' s obligations with the Bank. Discussion
centered on who should pay for the forester ' s services ,
of the forester, and C. Britton noted that it was to
the District ' s benefit that the forester work for the
District in order to protect District property. G.
Andeen said that such costs should be part of the cost
of removing trees in the future. K. Duffy stated that
the contract should have been presented earlier to the
Board in light of the $8 , 600 amount of work that had
already been completed.
Motion: R. Bishop moved that the Board approve the
contract not to exceed $24, 000 with Edward H.
Tunheim, Forester, to complete the overseeing
of the logging operation ,and necessary
inspections at El Corte de Madera Creek Open
Space Preserve and authorize the President of
the Board to sign the contract. N. Hanko
seconded the motion. The motion passed 5 to
0 .
VII . INFORMATIONAL REPORTS
C . Britton reported on the Assembly Budget Augmentation
Committee meeting that he attended on May 9 in Sacramento
regarding the District ' s request for funding of the tunnel
project at Skyline Ridge Open Space Preserve.
J . Fiddes noted that, in Director McKibbin ' s absence, the
Board needed to appoint a Secretary pro-tempore.
Motion_: K. Duffy moved that the Board appoint R. Bishop to
serve as Secretary Pro-Tempore . N. Hanko seconded
the motion. The motion passed 5 to 0 .
J . Fiddes said that it was necessary for the Board to select
a date for the evaluation of Board appointees . FoIlowing
discussion, it was decided that the meeting would be
tentatively scheduled for Monday, June 6 . T. Henshaw
requested that a meeting of the old budget committee be
scheduled in order to complete its work on the Open Space
Management budget guidelines . K. Duffy suggested that the
item be considered by the full Board, rather than -'the two
budget committees . N. Hanko stated that she would like to
see the item on the June 8 agenda.
D. Hansen reported that a helicopter would be used to remove
sections of the old flume at St. Joseph ' s Hill Open Space
Preserve the following week. He said that the large
entrance sign at the Monte Bello Open Space Preserve had
been vandalized recently and that replacement costs would be
approximately $3 , 000 .
Meeting 88-10
Page Five
access eventually, and C. Britton noted the District
was currently trying to acquire lands as they became
available.
Su ort for�-O.r---PropO�sition 70, the California wildlife
Coast, and Park Land Conservation
Initiative
(Rep(:�K_"-_8q_74Eof_A�rii_26,,_I988 )_
M. Hale stated that the initiative would provide over
$10 million to the District and that twice the number
Of signatures required to qualify the initiative for
the June ballot had been collected, indicating tremendous grass-roots support .
M—Oti-O—n: R. Bishop moved that the Board adopt
Resolution 88-16, a Resolution of the Board of
Directors of the Midpeninsula Regional Open
Space District Supporting Proposition 70, the
"California Wildlife , Coastal , and Park Land
Conservation Act . " K. Duffy seconded the
motion. The motion passed 5 to 0 .
F . CalliA0f District
_ _ Election and(Pe Rea_uests__forConqO!Aqa�ion of
A ril71988) art ,
J. Fiddes said that four of the District ' s seven wards
were scheduled to elect Directors this November. She
noted that the nomination period for the election will
open July 18 and close on August 12.
���tiOn: N. Hanko -loved that the Board adopt Resolution
88-17 , a Resolution of the Board of Directors
of the Midpeninsula Regional Open
Space
District Calling Election and Requesting
Consolidation (Santa Clara County) . T.
Henshaw seconded the motion. The notion
Passed 5 to 0.
R. Bishop moved that the Board adopt
Resolution 88-18 , a Resolution of the Board of
Directors of the Midpeninsula Regional Open
Space District Calling Election and Requesting ,
Consolidation (San Mateo County} . N. Hanko
seconded
o. the motion. The motion passed 5 to
G. Contract With Forester_ for El Corte de 'I
adera Creek
QP_,2�A__SPcj_ce _PKpjs�ex:_ye Lo 41
f 0 Ma Y 4 _-I 9 8 8
D. Hansen reviewed the staff report, noting that Mr.
Tunheim ' s fee amounted to approximately 6 . 5% instead of
the typical forester ' s fee of up to 15% of the total
timber sale.
G. Andeen questioned to whom the timber
sale revenue would go, and C. BI-ittOn said that the
original Purchase contract with Alan Hosking called
Meeting 88-10
MIDPENIN-,LA REGIONAL OPEN SPACE D- :'RICT Date: May
REVISED
C L A I M S
_ :_-olint Name Description
1292 -473.90 Annex Printing Job Announcement Brochures
1293 133.33 AT&T Telephone Equipment
129° 325.00 Baron Welding Building Material
12"15 34.60 Matthew Bender Resource Book
f 317.�5 Carleen Bruins Reimbursement--Conference
1256
-1297 51 .00 Cannis Consulting Engineers Consulting--Highway Widening Project
12?8 54.O4 Clarks Auto Parts Parts for District Vehicles-
1239 3 3.06 Cormunications Research Co. Radio for District Vehicle
1330 10 3.59 Alice Cummings Private Vehicle Expense
1301 320.68 DeH art's Copy Center Reproduction of Maps
13C;2 r63.75 Design- Signs Sign Material
1303 5,=43.80 Dillingham Associates Consulting--Skyline Ridge Parking Ar-,,a'
1304 117.00 Environmental Opportunities Subscription
13r;5 11 .00 Federal Express Corp. Express Mail
' 306 1 '-: . 15 Jean Fiddes Reimbursement--Conferences & Profes-
sional Dues
' 1307 5j ==� First Interstate Bank dote Paying Agent (1977 Notes)
1303 731".00 Flinn, Gray & Herterich Vehicle Insurance
13v, 155.85 Galls; Inc. Reference Books
131 335.07 Herbert Grench Reimbursement--Travel Expense
1311 =7�+.00 David M. Griffith & Assoc. Ltd. Consulting Services--SB 90
1312 ;,i .32 Mary Gundert Reimbursement--Drafting Supplies
131? 1 ,5C 0.00 Darren & Pattie Hergerton Travel Trailer
_�':.25 Fon eywell Protection Services Maintenance--Burglar Alarm
1315 237.02 Jobs Available Job Listing Advertisements
.311i32.00 Keye Seminars Registration Fees--Boland & Sanguinetr!
1317 22.32 Lawrence Tire Service Tires for District Vehicles
131_3 25.60 Los Altos Garbage Co. Dumpster Service
'1315 325.00 Ma'rkoff Structural Pest Control Inspection--Bullis Property
I
A 320 2,733.25 Samuel McGinnis Planning Services--Skyline Improvements
1:321 15.00 Robert McKibbin Reimbursement for Community Service
i
Award Luncheon
1322 165.04 Monta Vista Garden Center Field Supplies
d :323 18.25 Norney's of Mountain View Office Supplies
277.Co -he Office Club Office Supplies
Outdoor California Subscription
Meeting 88-10 Page Seven
K. Duffy reported that she and C. Britton had recently
attended a meeting of the Lexington Hills Association.
VIII .CLAIMS
Motion: T. Henshaw moved that the Board approve Revised j
Claims 88-09 . R. Bishop seconded the motion. The
motion passed 5 to 0.
IX. CLOSED SESSION
S . Norton announced that litigation matters to be
discussed in Closed Session concerned settlement of
Stanford litigation case that fell under Government
Code Section 54956 . 9 (a) . The Board recessed to Closed
Session at 8 : 40 P.M.
X. ADJOURNMENT
The Board reconvened to adjourn the meeting at 9 : 35
P.M.
Doris Smith
Secretary
I
Claims No. 88-09
Meeting 88-10
Date: May 11 , 1988
REVISED
Amount Name Description
1326 Pacific Bell Telephone Service
1327 288.02 Pacific Gas & Electric ,Co. Utilities
1328 300.00 Pacific Stihl , Inc. Safety Workshop
1329 1 ,700.00 Troy Payne free Removal & Pruning
1330 11 .68 Rancho Hardware Field Supplies
1331 104.54 Rice Trucking & Materials Fill Sand--Purisima Restroom
1332 180.00 Santa Rosa Junior College Ranger Academy Dorm--G. Grimm
1333 1 ,149.08 Jane Saltman Planning Services
1334 420.00 San Francisco Newspaper Agency Ranger Advertisement
1335 101 .08 San Francisco Water Department Water Service
1336 99.00 Seminars International Registration Fee
1337 659.31 Shell Oil Company Fuel and Repairs
1338 289.05 Tomlinson, Zisko, Morosoli s Maser Legal Services--Hosking Acquisition
1339 8,628.80 Edward Tunheim Forestry Services
1340 800.00 United States Postmaster Postage for Meter
1341 49.34 Unocal Fuel for District Vehicles
1342 120.34 Vallen Safety Supply Company Field Supplies
` 1343 76.76 Western Fire Equipment Company Field Supplies
1344 26.50 Workingman's Emporium Uniform Expense
13115 674. 10 Xerox Corporation Xeroxing Supplies
1346 30.77 David Topley Reimbursement--First Aid Supplies
1347 500.00 McCreery-D Sign Company Deposit for Monte Bello Preserve
Replacement Sign
1348 172.77 Petty Cash Field and Office Supplies, Film
Processing, Printing, Meal Con-
ferences, and Private Vehicle
Expense
I'
I
R-88-48
AA. (Meeting 88-12
June 8 , 1988)
14104�10f
04MW
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
May 31 , 1988
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: J. Fiddes, Administrative Services Manager
SUBJECT: Adoption of the Action Plan for the Implementation of the
Basic Policy of the Midpeninsula Regional Open Space
District for 1988-1989 Fiscal Year
Recommendation: I recommend that you adopt the revised Action Plan for
the Implementation of the Basic Policy of the Midpeninsula Regional
Open Space District for the 1988-1989 Fiscal Year.
Discussion: The proposed Preliminary 1988-1989 Action Plan was
presented for your consideration at your February 24 and March 9
meetings (see reports R-88-23 of February 16 and R-88-27 of February
26) and adopted. Changes requested at these meetings were 1) adding a
triangle next to the second Key Project and Activity in General
Management and Program Support to indicate consultant usage, and 2)
adding a fourth Other Typical Project and Activity in the Media
Relations Subprogram that reads: "Respond to errors in fact of
externally generated news articles in regard to the District as
needed. "
In addition, the following changes are proposed in the Action Plan:
1) Open Space Acquisition Program: In the Negotiations and Special
Projects Subprogram, the percentage of the Real Property
Representative 's time has been changed from 50% to 75%, and the
percentage in the Enterprise Subprogram has been changed from 50% to
25%. These changes were made to reflect more accurately the Real
Property Representative ' s time split.
2) Communications Program: A seventh Other Typical Project and
Activity has been added to the organizational Relations Subprogram
reading "Develop a design and cost estimates (including cost
recovery potential) for production of a District calendar to be
distributed in fiscal year 1989-1990. " This item surfaced during
budget preparation discussions with staff and the Budget Committee.
3) General Management and Program Support: The wording of the first
Other Typical Project and Activity has been changed to include
promotion of the District's Safety Program.
Finally, the general program emphasis statement for the Open Space
Acquisition Program should be changed to the single alternative that
reflects whether or not the June 7 parks initiative passes.
i
OPEN SPACE ACQUISITION PROGRAM
Subprograms
A. Negotiations and Special Projects
B. Enterprise
To Implement the
BASIC POLICY OBJECTIVE:
The District will purchase or otherwise acquire
interest in the maximum feasible amount of strategic
open space within the District planning areas.
General Program Emphasis for 1988-1989
Change to In the event the "California, Wildlife, Coastal and
refriect passage Parks Initiative�� is approved by the voters in June,
or _non-passage the program's emphasis will be to complete, as soon
of sn;tpassagtive as possible, the acquisition (at fair market value or
less) of all open space lands funded for the District
under the 1988 State Park Bond Act Initiative. If
the Initiative is not approved, the emphasis of the
Open Space Acquisition Program will be the purchase
k of lands utilizing cash conserving techniques such as
j cooperative projects, lease options, defeasible fee
contracts, long-term options, and low down payment
transactions.
i
i
r
-1-
ACTION PLAN
FOR IMPLEMENTATION OF THE BASIC POLICY
OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FOR THE 1988-1989 FISCAL YEAR
I. Open Space Acquisition Program
Ii. Open Space Management Program
III. Communications Program
IV. General Management and Program Support
r _ -
4
6. Maintain a relocation assistance program utilizing staff and con-
sultants as necessary.
7 . Continually compile current information on real estate market
activity, including ordering preliminary title reports on a timely
basis for research into potentially available parcels . '
8 . Catalog information of special interest, such as deed restrictions,
encumbrances, financing and tax considerations . This activity
includes the establishment and continuation of a working relation-
ship with title companies and other information sources.
9. Review agendas and minutes of other appropriate agencies. Review
information on local, State, and federal regulations (e.g. , zoning,
subdivision and urban services, and on restrictions or plans
contained in general plan elements and other planning studies) .
10. Investigate, as time constraints allow, the orderly disposition of
title and legal encumbrances on District owned lands (mineral and
water rights, -prescriptive easements, encroachments, etc. ) .
Required Staff Resources
85% of time of Land Acquisition Manager
75% of time of Real Property Representative (1/2 time)
60% of time of Real Estate Research Analyst (3/4 time)
70% of time of Secretary - Open Space Acquisition
i
i
-3-
1988-1989
Negotiations and Special Projects Subprogram
Objective
The objective of the Acquisition Subprogram is to provide for the
acquisition of all real property rights necessary to secure a recrea-
tional greenbelt in the foothills and baylands, utilizing the major
portion of the District' s income.
1988-1989 Key Projects and Activities
1. Eliminate the Previous Land Commitments backlog by completing the
acquisition of the Stanford et al. property.
2. Convert the budgeted funds in the New Land Commitments budget
category into open space lands at desirable prices (fair market
value or less) , balancing the desirability of the potential acqui-
sition with the availability of limited funds, including, where
possible, private financing with favorable terms.
3. Complete the Ravenswood Open Space Preserve federal Land and Water
Conservation Fund grant project and the District' s trail right of
way acquisition for the San Mateo County Coastal Conservancy grant.
Keep abreast of other grants available to the District, applying
where feasible.
4 . Work with Peninsula Open Space Trust to complete at least one
acquisition project that significantly furthers the District's
overall open space goals.
5. Seek and encourage agencies and groups to undertake sole or joint
acquisition projects which will preserve additional open space such
as a joint project with the Town of Los Gatos.
Other Typical Projects and Activities
1. Initiate and maintain contacts with landowners, real estate
appraisers and brokers, developers, architects, engineers, zoning
and planning officials , and financial institutions.
2. Explore various alternative terms of purchase (options, installment
purchases, defeasible fee, etc. ) to offer advantages and incentives
to landowners, as well as to the District.
3. Explore additional methods to protect open space lands for less than
the total cost of fee acquisition (open space easements, acquisition
of development rights , development dedication, exchange or sale of
development rights, cooperation with private individuals and groups,
etc. ) especially in this year of tight budget constraints.
4. Maintain a multi-year spending plan for open space acquisition which
optimizes use of cash and borrowed funds to' accomplish acquisition
goals within budget constraints.
5. Encourage other agencies to apply for grants that will enhance
overall open space goals.
-2-
1988-1989
Enterprise Subprogram
Objective
The objective of the Enterprise Subprogram is to manage all the Dis-
trict' s revenue producing activities in such a way as to maximize income
from Enterprise accounts consistent with Open Space Management policies
and to explore new compatible activities .
Key Projects and Activities
1. Administer all leases and rental accounts , updating rental rates and
other lease conditions as opportunities arise, to maximize income
consistent with Open Space Management policies.
2. Carry out maintenance and improvements to rental houses to keep
buildings and grounds in a safe, sanitary, and attractive condition
and to increase net rental income.
3 . Prepare cost/benefit studies on a case by case basis as major repair
(or improvement) and rental decisions arise.
Other Typical Projects and Activities
1. Maintain all facilities utilized in the District ' s enterprise
program.
2 . Enhance marketability of enterprise structures with long-term lease
potential according to Board policy.
3 . Administer Ranger-residency leases.
4 . Investigate alternative lease arrangements for enterprise accounts,
such as longer terms that would enhance net income to the District
according to Board policy.
5. Investigate new enterprise proposals as initiated by other groups or
individuals that would be compatible with District goals and
objectives.
6 . Modify existing agricultural leases in conjunction with Open Space
Management studies (such as Russian Ridge Grazing Study) and Board
direction.
Required Staff Resources
15% of time of Land Acquisition Manager
0
25% F f time of Real Property Representative (1/2 time)
40% of time of Real Estate Research Analyst (3/4 time)
30% of time of Secretary Open Space Acquisition
-4-
OPEN SPACE MANAGEMENT PROGRAM
Subprograms
A. Planning, Design, and Development
B. Operations, Maintenance, and Volunteer
To Implement the
BASIC POLICY OBJECTIVE:
The District will follow a land management
policy that provides proper care of open
space land, allowing public access
appropriate to the nature of the land and
consistent with ecological values .
General Program Emphasis for 1988-1989
The 1988-1989 emphasis of the Planning,
Design and Development Subprogram year will
be on commencing implementation of the
Resource Management Policies and the Trail
Use Standards. Implementation of existing
grant development projects is also of highest
priority. The focus of the Operations,
Maintenance, and Volunteer Subprogram will be
to operate under the adopted field operations
procedures and to continue to concentrate on
increasing site resource protection, public
use education, and patrol on District sites.
The intent of the entire program is to
refrain from initiating further major capital
improvement projects until the implementation
of projects currently under consideration is
well in hand.
-5-
1988-1989
Planning, Design, and Development Subprogram
Objective: Provide short-term and long-range acquisition planning and the formulation and review of Use and Management Plans, as well as overseeing the
I physical implementation of capital improvements for public access and the interpretation and for, resource management, master and other special plans.'
Key Projects and Activities:
1. Implement Board approved major public access improvements including parking areas, access roads, and lake improvements at Skyline Ridge Open Space Pre-
serve; and parking areas and access facilities at Russian Ridge and Windy Hill Open Space Preserves.
Complete grant funded improvements including Picchetti Ranch Area building: restoration and trails and a brochure at Purisima Creek Redwoods Open Space
Preserve.
2. Implement Board adopted District-wide trail use guidelines by applying them to site specific Use and Management Plans.
3. Formulate a minimum of one and a maximum of three site specific Resource Management Plans following Board adopted policies and as incorporated in .the
Relative Site Emphasis guidelines.
4. Continue multi-jurisdictional planning projects for the Bayfront and Ridge Trails and the Ravenswood Preserve Master Plan. Cooperate with San Mateo
County on the completion of access improvements at the Ravenswood Open Space Preserve.
Other Typical Projects and Activities:
In-House Planning- Site Development Projects Inter-Agency Planning Coordination
Comprehensive background studies for acquisition Minor public access improvements at Joint public/private planning At least two Board
and long-range management and development deci- Thornewood, Sierra Azul, Pulgas Ridge, for former Air Force property field trips to re-
sions and Ravenswood Open Space Preserves at Mt. Umunhum view planning for
Construction plans and specifics for site develop- Coordinate, with Operation Subprogram's Gather input from special specific preserves
ment. projects assistance, the .following trail construc- interest or use groups for Routine use and
Preparation of 'Use and Management Plans, acquisi- tion to be done by another organizatic management plans- management tasks
or outside contract: with field 'staff
tion reports, grant applications, CEQA-related Develop and manage projects
North Canyon Trail (Pulgas Ridge)";_
environmental documents, standardized maps and with other local jurisdic- Site use permit
Levee Trail (Ravenswood)
special presentation materials Trail to.Canada Verde (Purisima Creek) tions process -
Monitoring plans for timber harvesting, grazing, Lower Lease .Bypass (Tho.rnewood) " Wildfire protection programs Radio operations
site and building restoration projects Bohdi/Ridge Connection (Long Ridge) with California Department
of Forestry Public map produc-
Reviewing various documents from other jurisdic- tion
tions that could impact District land Y Library resource
Work with Communications Program on brochures and maps Student intern pro-
grams
Work with Acquisition Program on enterprise leases Work with private
and acquisition referrals
organizations to
accomplish special
planning protects
such as Y.S.I. Forum
Required Staff Resources proposal at Sierra
50% of time of Land Manager 85% of time of Environmental Analyst 15% of time of Supervising Rangers (3) Azul
85% of time of Principal Open Space Planner 90% of time of Associate Open Space Planner 50% of time of Admin. Asst. - Open Space Mgmt. .
90% of time of Open Space Planner 25% of time of Operations Supervisor 60% of time of Secretary - Open Space Mgmt.
.T
10% of time of Docent Coordinator (1/2 time) 10% of time of Volunteer Coordinator (1/2 time)
1988-1989
Operations, Maintenance, and Volunteer Subprogram
Objective: Provide responsible stewardship of all District lands by furnishing those public safety, maintenance, and resource protection services necessary
and appropriate for effective management of District lands.
Key Projects and Activities:
1. Implement changes approved in adopted Open Space Management staffing study including additional Open Space Technician, Mechanic/Equipment Operator, .and
Senior Patrol Ranger positions.
2. Complete renovation of structures at Rancho San Antonio Open Space Preserve including the upper and lower residences, the ,Grant house, and the site water
system.
3. Implement initial changes in field operations as outlined in the adopted Field Operations Guidelines.
4. Under the direction of the Volunteer Coordinator, with assistance from the Docent Coordinator, develop and initiate a comprehensive plan for District
volunteer services.
Other Typical Projects and Activities:
Stewardship-, Trail Construction Public Use Monitoring Docent/Volunteer Program
Patrol Maintenance Soda Gulch Trail (Purisima Creek) Trail use conflicts Docent interpretive program at
Active patrol program Implement use and management Edmonds Access Trail (Pulgas Ridge) selected sites including Los
and after hours call-out plans, including trails, Alpine Trail (Skyline Ridge)
Dog program Trancos, Monte Bello, Russian
services signing, fencing and erosion Parking to Ridge Trail (Russian Black Mountain Campground Ridge, and Long Ridge
Public education on control work Ridge) General site usage Recruit and train new docents and
proper use of wild- Maintain lands, vehicles, Assist as necessary on trails patterns volunteers
land areas buildings, and equipment. to being constructed by other lead Provide on-going training
Enforcement of District safe and appropriate standard agencies or groups
ordinances of appearance and utility Edgewood wildflower walks
Fremont Older, Thornewood, and
Pu-csue patrol agree- Pursue shared maintenance
agreements with neighboring Picchetti public tours
ments with neighboring agencies Implement volunteer projects
agencies including trails, patrol and
Oversee Russian Ridge grazing
and E1 'Corte de Madera timber maintenance
harvesting ,}
Resource Management Plan
implementation
Required Staff Resources
50% of time of Land Manager 100% of time of Rangers (10)
15% of time of Principal Open Space Planner '100% of time of Senior Patrol Rangers *(2)
10% of time of Open Space Planner 100% of time of Mechanic/Equipment Operator*
15% of time of Environmental Analyst 100% of time of Open Space Technicians (4F and 1T; 2F* and 2T*)
10% of time of Associate Open Space Planner 50% of time of Administrative Assistant - Open Space Management
75% of time of Operat-ions Supervisor 40% of time of Secretary - Open Space Management
85% of time of Supervising Rangers (3) 90% of time of Volunteer Coordinator (1/2 time) `
100% of time of Crew Senior Ranger* 90% of time of Docent Coordinator (1/2 time)
1988-1989
Public Affairs and Education Subprogram
Objective
The objective of the Public Affairs and Education Subprogram is
to generate greater public awareness , involvement, and support of
the District through a continuing campaign to inform and educate
the constituency about the District ' s sites, program, and goals.
i
Key Projects and Activities
Al.1. Write print and distribute new Visitor' s e
p
e Guide as
replacement for the All-Site Brochure, if the preliminary
mockup received Board approval .
A2 . Continue, as approved, further phases of proposal for new
comprehensive graphic identity and printed image program for
the District, if first phase received Board approval.
3 . Determine whether to publish a periodic newsletter and
implement, as approved.
4 . Print Land Acquisition Policy brochure , if not produced in
fiscal year 1987-1988 .
A5. Conduct public event at Purisima Creek Redwoods Open Space
Preserve.
i
Other Typical Projects and Activities
i 1 . Based on demographic data from GRC Survey and other
information, target low awareness areas for special
publicity effort about the District by expanding brochure
distribution.
A2 . Design and print new trail courtesy brochure when trail use
guidelines are completed.
A3 . Continue initial planning for first-phase proposal of Open
Space magazine .
A4 . Implement "Outstanding Public Service Award" if approved by
j. Board.
A5. Develop a proposal for an annual public event to be co-
hosted by the District and POST.
# A6 . Work with Open Space Management on brochures and maps .
4 Required Staff Resources
60% of time of Public Communications Coordinator
60% of time of Public Communications Secretary
I
-9-
I
f I
COMMUNICATIONS PROGRAM
Subprograms
A. Public Affairs and Education
B. Organizational Relations
C. Media Relations
To Implement the
BASIC POLICY OBJECTIVE:
The District will educate and make clearly visible
to the public the purposes and actions of the
District, and will actively encourage public communi—
cations and involvement in District activities.
General Program Emphasis for 1988-1989
in order to expand general public awareness of the
District and to increase public involvement in
specific District activities, the Communications
Action Plan for 1988-1989 will emphasize the
completion of projects begun in fiscal year 1986-1987 ,
primarily those related to printed communications.
-8- .
i
1988-1989
Media Relations Subprogram
4
Objective
The objective of the Media Relations Subprogram is to inform the
public as fully as possible about the District 's purposes and
activities through news stories, features , and public service
announcements in the press , and on radio and television.
Rey Projects and Activities
1 . Write and produce news releases covering Board meetings ,
special meetings , District policies, docent walks and other
activities for the public in accordance with the District ' s
policy statement regarding open information and cooperation.
2 . Publicize availability of District sites at a level
consistent with the Board ' s Policy for Relative Emphasis of
District Sites.
3 . Publicize new Volunteer Coordinator' s program activities.
Other Typical Projects and Activities
1 . Continue to publicize the District in magazines, park and
recreational publications, and environmental newsletters in
accordance with Board policy.
2 . Continue the regular reading, clipping, circulating and
filing of newspaper and magazine articles , utilizing
volunteer help whenever possible.
3. Provide information for special features about the District,
with priority given to media covering the midpeninsula area .
hEW 4 . Respond to errors in fact of externally generated news
articles in regard to the District as needed.
Required Staff Resources �
20% of time of Public 'Communications Coordinator
20% of time of Public Communications Secretary
-11- �
1988,-1989
Organizational Relations Subprogram
Objective
The objective of the Organizational Relations Subprogram is to
inform other public agencies and private organizations about the
District and to secure legislation to protect the District' s
funding and otherwise aid in the accomplishment of the District's
goal.
Key Projects and Activities
1. Accomplish or make significant progress on priority items in
District's Legislative Program.
A 2.. Produce 1987-1988 Annual Report.
3. Hold a joint meeting with the San Mateo County Parks and
Recreation Commission.
Other Typical Projects and Activities
1. Maintain regular contact with officials of other agencies
and private organizations for the exchange of information,
cooperation on special projects, and participation in
special events such as conferences and seminars in order to
inform the District staff and Board on current issues.
2. Continue to work with legislators, legislative committees,
State and federal administrators, other agencies , private
organizations, and interested citizens for information and
action regarding State legislation and specific local
issues .
3. Continue contact and cooperation with staff and officials of
other regional park and open space districts for the purpose
of exchanging information and technical expertise.
4 . Maintain up-to-date address files of government officials,
private organizations, interested groups, and citizens to be
used for distribution of Open Space and other pertinent
materials and information. Put mailing lists on District
computer.
5. Send information about the District to newly elected or
appointed officials.
6 . Provide support to Board members when they make special
presentations such as slide shows or public appearances or
attend meetings. Prepare packets of DistrictPublications
and materials relevant to specific audiences whenever
possible.
7 . Develop a design and cost estimates (including cost recovery
Potential) for Production of a District calendar to be
distributed in fiscl year 1989-1990 .
Reqiired Staff Resources
20% of time of Public Communications Coordinator
20% of time of Public Communications Secretary
-10-
1988-1989
General Management and Program Support
Objective
The objective of the General Management and Program Support is to
provide overall coordination, direction, and administrative base for
all District activities so as to maximize the accomplishment of the
Board' s policies and directives.
Key Projects and Activities
1 . Provide necessary interpretation, coordination, direction, and
administrative base in order to carry out Board policies, Action
Plan, and specific actions according to written and unwritten
Board priorities.
A ,2. Administer District ' s personnel functions with assistance of
consultants, as necessary, and initiate long-term planning for
the District' s future overall organization structure and staffing
requirements.
3. Provide required functions for the election of District Directors
in Wards 2, 3, 4 and 7 , and familiarize any new Director with the
District' s activities.
Other Typical Projects and Activities
WORDING 1 . Perform administrative and legal obligations as required by State
CHANGE law, manage District' s main office, and promote District' s Safety
Program.
2. Update Action Plan, prepare and monitor annual budget, and
coordinate program evaluations for Action Plan progress.
3. Provide financial management and accounting, including investment
of temporarily idle funds and planning for marketing of notes for
additional land acquisition funding if appropriate.
4 . Provide general legal support to other programs as necessary.
5. Refine budgeting accounting systems, as appropriate, and coor-
dinate budget management procedures.
6 . Continue to promote and enhance a work atmosphere conducive to
generating a creative team staff effort, including increased
staff communications, at least one small or one large staff
workshop retreat, and at least three staff activities on District
sites.
Required Staff Resources
Personnel below work on all programs:
General Manager
Legal Counsel (part time under retainer)
Controller (1/4 time)
Administrative Services Manager
Office Manager/Secretary to the General Manager
Accounting Specialist (part-time; average of 36 hours per week)
Receptionist-Typist (part-time; average of 22. 5 hours per week)
-13-
X
GENERAL MANAGEMENT AND PROGRAM SUPPORT
To Implement the
BASIC POLICY OBJECTIVE:
The staff of the District will administer the affairs
of the District on behalf of the public so as to
maximize accomplishment of the goals of the District
within existing financial and other constraints.
General Program Emphasis for 1988- 989
g p 1
In light o g f the District' s overall future transition
from an acquisition to an open space management agency,
General Management and Program Support will focus on
initiating long-term planning and analysis of potential
staff structures and of space, equipment, and
organization needs.
-12- I
R-88-65
(Meeting 88-13
June 8, 1988)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
June 3 , 1988
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: M. Hale, Public Communications Coordinator; C.
Britton, Land Acquisition Manager
SUBJECT: Proposed Text for Land Acquisition Policies and
Procedures Brochure
(Note: Discussion on the definition of clearly defined developed
communities is not a part of this June 8 agenda item; the
discussion of the definition of clearly defined developed
communities will be continued at the next meeting of the Land
Acquisition Policy Committee currently scheduled for 7 : 30 P.M. on
July 6 . )
Recommendation: I recommend that you adopt the attached text for
the District ' s new publication, Land Acquisition Policies and
Procedures and approve the distribution plan contained in this
report.
Discussion: A current Action Plan item is to produce a land
acquisition policies and procedures brochure for Board review
prior to printing and mailing. During your January 27 , 1988
review of committee assignments and memberships, it was affirmed
that the Land Acquisition Policy Committee would review the draft
text prior to the full Board' s consideration. The attached draft
(except for a few final touches made at the Committee ' s
direction) has been reviewed in two public meetings and approved
by the Land Acquisition Policy Committee . You and the Committee
have received letters with comments and suggestions . Aside from
a letter received since the last Committee meeting (and a Written
Communication for your current meeting) , these were considered by
the Committee. A letter sent directly to the Committee is
attached. Some comments referred to the policies themselves
which the Board had adopted after about two years of hearings .
The Committee ' s assignment from the Board was to review the
brochure which explains policy, but not to reconsider the policy
itself . The Committee did note that the policy questions had
been well debated at the time. You can, of course, consider on a
continuing basis public comments on policy or other matters .
R-88-65 Page two
Printing of 2, 000 brochures is estimated to cover use
requirements for a period of two years.
A. The suggested distribution list categories for the brochure
pursuant to Board adopted policy is as follows :
1. MAIL TO:
a. Property Owners on Master Plan Map Overlay list
(Brown Act list) (700)
b. Media List, with a news release announcing the
availability of the printed brochure free of
charge to the public
C. Organizations Lists:
1 . Those with a known interest in the District
such as POST, Sierra Club, Peninsula
Conservation Center, Committee for Green
Foothills, People for Open Space, etc.
2. Property owners ' associations
3. Cities and counties within sphere of
influence
d. Notification list for Land Acquisition Policy
Committee meetings
2. EXTRA COPIES FOR:
a. Requests from the public
b. Ongoing use by staff in response to inquiries and
for new owners
B. Suggested enclosures for the mailing:
1. Brochure text, typeset and printed in 6" x 9" format,
including a simple District map and several photographs
2. Open Space Preserves brochure (All-Site Brochure)
3. Policy Relating to Brown Act (adopted May 13, 1987)
4. MROSD Policies Regarding Use of Eminent Domain
(ordinance 86-01, adopted April 23, 1986)
5. Master Plan
6. Letter from the President, introducing the brochure
mailing and placed on top of the enclosures
When the Land Acquisition Policy Committee completes its review
of the proposed letter, the letter will also be presented to the
full Board for approval.
R-88-64
(Meeting 88-13
June 8 , 1988)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
June 1, 1988
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: D. Hansen, Land Manager
SUBJECT: Continuation of Long-Term Site Emphasis Planning
Discussion
Recommendation: I recommend that you continue your discussion on
the subject and direct staff to prepare appropriate analyses,
guidelines, or site development schedules as you deem necessary.
Discussion: Your long-term site emphasis discussion (see report
R-88-57 of May 16, 1988) was continued at your May 25 regular
meeting due to the lateness of the hour to your June 8 meeting.
Part of previous formal and informal discussion of Board and
staff members was the thought that as a part of the Annual Site
Emphasis Review staff delineate a long range timetable of the
development plans for District sites. This timetable could
facilitate better Board, staff , and public comprehension of the
overall long-term construction, timing, and type of public site
access improvements appropriate for each site.
Staff has been working on a computerized chart system that shows
levels of site improvements over a twenty-year timeframe.
Improvements such as parking lots, trails, signs, and brochures
for each site could be shown as bar graphs over that time with
key acquisitions noted (see sample chart attached) . The
acquisitions can have a significant and changing impact on the
overall development of a site. For example, the Windy Hill Open
Space Preserve was considered almost completely developed until
the Slobe property acquisition changed the entire nature of
public access and use of the site. This new addition to the
Preserve changed the site to one requiring additional development
to accommodate public access.
Staff will present the long-range chart and other appropriate
information at your June 8 meeting.
R-88-64 Page two
SITE DEVELOPMT ANALYSIS - 1976 TO 1996
I SKYLINE FISCAL YEAR STARTING JULY 1
RIDGE 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96
-----------------------------------------------------------------------------------------------------------
ACQUISITIONS
19 M
--------------------------------- --------- -------------------------------------
PARKING
----------------------------------------------
-------------------------------------------------------------------------------------
TRAILS 1 1 1 1 1 1 1 1 1 1 i j I I I I I 1 1 1 1
---------------- -----------------------I----------------------------------- --------
------------------------------------------------------------------------------------
-
SIGNS I
-------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------
BROCHURE 1 1 1 i
-------------------------------------------------------------------------------------
Height of bar indicates of improvements over time
Key AWisitions
R-88-63
(Meeting 88-13
June 8 , 1988)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
June 1, 1988
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; S. Marioni ,
Associate Open Space Planner
SUBJECT: Final Adoption of the Preliminary Use and Management Plan
for the Menuhin Property Addition to the Sierra Azul Open
Space Preserve, Limekiln Canyon Area
Recommendation: I recommend that you adopt the Preliminary Use and
Management Plan for the Menuhin property addition to the Sierra Azul
Open Space Preserve, Limekiln Canyon Area, including the naming, as
contained in report R-88-40 and as amended in this report. I further
recommend that you indicate your intention to dedicate the property as
public open space.
Discussion: At your April 27 , 1988 meeting you approved the acquisi-
tion of the 163-acre Menuhin property addition to the Sierra Azul Open
Space Preserve, Limekiln Canyon Area (see attached report R-88-40 of
April 20, 1988) . You also tentatively adopted the Preliminary Use and
Management Plan for the addition, including naming the property as an
addition to the Sierra Azul Open Space Preserve, Limekiln Canyon Area,
and indicated your intention to dedicate the land as public open space.
In accordance with your adopted Land Acquisition Notification Proce-
dures, final adoption of the Preliminary Use and Management Plan was
deferred until after close of escrow to allow further time for public
comment. Escrow on the property closed on May 25, 1988 . Concurrent
with close of escrow for this District acquisition, the Peninsula Open
Space Trust acquired the adjoining 23-acre Cathedral Oaks property.
At your April 27 meeting, William E. Duncan, an adjacent property owner
and real estate broker raised several concerns about the proposed
Menuhin property purchase. He suggested that a small portion of his
property be traded to the District in exchange for a corner of the
Menuhin property in order to ensure his privacy and to provide for a
fire lane. Mr. Duncan also requested the District' s permission to
erect barricades to prevent trespassing by four-wheel-drive vehicles.
District staff has already met with Mr. Duncan on-site for initial
discussions.
R-88-63 Page two
The Preliminary Use and Management recommendations for the property
should be amended to include the following recommendations:
a) Staff will confer with Mr. Duncan concerning a possible land trade
and to discuss other matters of mutual interest,
b) Install a sign at the Soda Springs entry to the property acknow-
ledging the generosity of the Menuhins in this transaction.
c) Assist in overseeing the Cathedral Oaks parcel and structures upon
receipt of a formal request from Peninsula Open Space Trust.
R-88-40 Page two
1. Property Identification
Property owners: Yehudi and Diana Menuhin
Size: 162 . 78 acres
2. Location and Boundaries (see attached map)
Regional setting: Directly east of Lexington Reservoir between Soda
Springs Canyon and Hendrys Creek; in Santa Clara County
Road access: Soda Springs Road through the north corner; an
unimproved road connecting through the proposed POST parcel (Alma
Bridge Road fronts the proposed POST parcel)
I
Boundaries : Bounded on the east side bynon-contiguous portion of
Sierra Azul Open Space Preserve - Limekiln Canyon Area; on the
southeast side by the proposed POST parcel; and various private
properties along the remaining sides
Nearby public lands : Lexington Reservoir County Park and Sierra Azul
Open Space Preserve - Limekiln Canyon Area
Nearby landmarks : Lexington Reservoir
3 . Topography and Hydrology
Prominent topographic feature: A steep ridge that extends easterly
from Lexington Reservoir
Elevation range : 720 feet near the reservoir to 1600 feet near the
eastern boundary
Slope steepness: Steep to moderately steep slopes; several small
near-level areas between 1000 feet and 1200 feet elevation
Slope exposure: West-facing
Watershed: A number of small creeks draining north, south, and west
into Soda Springs Canyon, Hendrys Creek, and Lexington Reservoir
4 . Geology and Soils
Seismology: San Andreas Fault approximately 1500 feet to the south
Soil classification: Highly erodible Los Gatos-Maymen type
Soil stability: Upper slopes greatly disturbed as a result of the
bulldozing that occurred during the 1985 Lexington fire
5 . Flora and Fauna
Plant communities : Primarily chaparral; small grassland areas dotted
with oaks on the gentler slopes between the 1000 foot and 1200 foot
elevations; riparian areas located in the numerous ravines
R-88-40
-All (meeting 88-09
I%I oe April 27, 1988)
2;w C �
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
April 20, 1988
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager;
D. Hansen, Land Manager; Del Woods,
Principal Planner; C. Bruins,
Administrative Assistant
SUBJECT: Proposed Menuhin Property Addition to Sierra Azul Open Space
Preserve - Limekiln Canyon Area
Recommendation: I recommend that you:
1 . adopt the accompanying Resolution of the Board of Directors of the
Midpeninsula Regional open Space District Authorizing Acceptance of
Purchase AgreeMent-Bargain Sale, 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 Menuhin) ;
2 . tentatively adopt the Preliminary Use and Management Plan
recommendations contained in this report;
3 . name the property as an addition to the Sierra Azul Open Space
Preserve - Limekiln Canyon Area; and
4 . indicate your intention at this time to dedicate the property as open
space.
Introduction:
Three contiguous parcels of land, totalling approximately 163 acres, on
the steep hills above Lexington Reservoir have been offered for sale to
the Midpeninsula Regional Open Space District . The property is located
near the rural communities of Aldercroft Heights and Chemeketa Park and is
contiguous to existing District lands adjacent to Soda Springs Road.
Views of the Lexington Reservoir area and surrounding redwood forests are
afforded from the upper reaches of the property. The property will
provide a valuable scenic backdrop and future key trail connections .
An adjacent 23 acre parcel of land has been offered for sale to Peninsula
Open Space Trust (POST) . This parcel is located between Lexington Reser-
voir and the District ' s proposed acquisition. POST intends to transfer
this land to an appropriate public agency within a year from acquisition.
R-88-40 Page four
Use and Management Plan review: Anticipate review in October, 1988
Regional plans: Regional Parks , Trails and Scenic Highways Element of
the Santa Clara County General Plan indicates proposed trail corridor
extending up Los Gatos Creek
10 . Potential Use and Management
There is potential for a trail connecting the proposed POST parcel to
Soda Springs Road and ultimately to the existing ridge trail above
, Priest Rock. Another possible trail route would extend up the
HendrY s Creek watershed and connect to other District lands in the
Lost Gatos Creek corridor.
Monitoring the post-burn revegetation process and maintaining a fire
suppression program should be considered.
11 . Preliminary Use and Management Recommendations
Signs: Install private property .signs and boundary plaques; work with
Menuhins and their representatives to place a District sign on the
property to acknowledge the generous donation made to the District
and the citizens of the region as a part of this bargain-sale
transaction
Fences and gates: Barriers on north driveway to prevent off-road
vehicle access from Soda Springs Road
Clean-up: Old lumber strewn around the site of the soda bottling
facility
Water system: Work with POST and the adjacent property owner in
attempting to restore the existing water system to provide water to
the residence on the proposed POST parcel
Site Emphasis designation: Conservation Management Unit (CMU) ; no
public access at this time
12 . Name
The property should be named as an addition to Sierra Azul Open Space
Preserve - Limekiln Canyon Area.
13 . Dedication
It is recommended that you indicate your intention to dedicate the
property as public open space.
14 . Terms
The attached Purchase Agreement is the District ' s standard form
bargain-sale agreement . Sir Yehudi Menuhin is a very famous
violinist and symphony conductor, and a short biographical sketch of
his lifers attached. It has been a pleasure for staff to work with
him through his legal and financial representatives .
,-88-40 Page three
Dominant flora: Manzanita, baccharis, chamise, and rye grass
Common fauna: Deer, coyote, bobcat, feral pig, and numerous rodent
and bird species
6. Visual Qualities
Viewshed: Forms significant portion of the scenic backdrop above
Lexington Reservoir and State Highway 17
Vistas: Views of Alma College site and Lexington Reservoir area
7 . Existing Improvements
An old roadbed ascends part way up the hill from the western
boundary. It appears to have once connected to the upper portion of
the property. An exposed water line generally follows the course of
this road. The water line evidently distributed water from the
neighbor ' s upper water tanks to the home located on the proposed POST
parcel . Additional water lines are above the neighbor ' s water tanks
and extend to springs on the property. Remains of large redwood
water tanks and a fiberglass storage tank are near the western
boundary. Until recently, the water system connecting to the mid-
level fiberglass tank and the neighbor ' s upper water tanks has
serviced the adjacent former Menuhin residence.
Old trails on the southern portion of the site connect the upper
meadows to adjacent private property. A bench overlooking a
picturesque view is adjacent to one of these trails . Sections of a
road which passes through existing District lands meanders across the
northern portion of the site. A driveway and flat pad (a previous
building site) is adjacent to Soda Springs Road in the northwest
corner . Homesite remnants , primarily bricks and debris , are located
in the oak woodland meadow near the southwest corner. A soda
bottling company, known as the Alma Soda Works, was located on the
northernmost part of the property in the mid to late 1800 ' s . Several
rennants of buildings exist in this area of the property.
8 . Existing Use
n few trails on the upper reaches of the property are being used by
neighbors; most of the use is from an adjacent private recreation
facility.
i
9 . Planning Considerations
Political boundaries : Unincorporated Santa Clara County; within
District boundaries
I
Zoning: Hillside (required a 20 to 160 acre minimum lot size,
depending on slope) ; Agricultural Preserve under Land Conservation
contract (Williamson Act)
Master Plan rating: Medium ranking for suitability as open space
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R-83-4 0 Page five
The District will pay $300, 000 in cash for this property, which is
significantly less than the property' s appraised value. Since the
property contains three separate assessor' s parcels, it has the
potential for development on that basis .
District staff also worked with the adjacent property owner and real
estate broker Gene Duncan to complete this transaction. Mr. Duncan
was not interested in receiving a commission for the transaction, but
preferred to have an easement extinguished that was appurtenant to
the property being purchased by the District. The easement in
question is a driveway through the center of Mr. Duncan' s property
.:Por the limited purpose of constructing a residence for the benefit
of Yehudi Menuhin. Since the property being purchased by the
District has alternative access from Soda Springs Road across lands
of San Jose Water Company and an existing road across adjacent
District lands to the east, this easement is considered unimportant
for further District (or private) purposes . ' Therefore, the agreement
has also been executed by Mr. Duncan and provides for a quitclaim of
This easement right.
R-88-66
A, (Meeting 88-13
June 8, 1988)
Jv= Ic
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
June 2, 1988
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARATION AND RESPONSIBILITY: C. Britton, Land Acquisition Manager
SUBJECT: Completion of Sale of Lands - Purisima Creek Redwoods Open Space
Preserve (Vallerga)
Recommendation: I recommend that you adopt the accompanying Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Approving and Authorizing Acceptance of Property Sale Agreement,
Authorizing Officer to Execute Quitclaim Deed from District, and
Authorizing General Manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing of the Transaction (Purisima Creek
Redwoods Open Space Preserve) .
Introduction: At your meeting of July 28, 1982 (see report R-82-30 of
July 23, 1982) you approved the first in a series of acquisitions from
William T. Wilkins that formed the nucleus of the Purisima Creek Redwoods
Open Space Preserve. At close of escrow on August 6, 1982, in addition to
the lands the District acquired, Mr. Wilkins, by quitclaim deed, also
transferred to the District his interest in approximately 3 .3 acres of
land adjacent to the existing homesite of Mr. and Mrs. Edward Vallerga
(see attached map) . This transfer was pursuant to an Agreement for Sale
of Real Property between Edward and Marjorie Vallerga and Rancho Canada De
Verde, Inc. (Alan Hosking) , the former owner of the Wilkins property. The
District did not pay any money to Mr. Wilkins for his interest in this
additional land area.
Discussion: Mr. Vallerga entered into a contract of sale with Mr. Hosking
on June 7, 1975 to provide certain legal services to Mr. Hosking in
exchange for the conveyance of approximately 3.3 acres of land adjacent to
the Vallerga homesite on Harkins Ridge Road. This property, valued by
them at $5000, was to become an addition to the Vallergas ' existing home-
site and was not intended to create a separate parcel. The difference
between $5000 and the value of legal services was to be paid directly to
Mr. Hosking. The Vallergas took possession of the land on July 1 , 1975
and have been occupying it since that time. Subsequent transfers of the
larger property first to Mr. Wilkins and then to the District prevented
completion of the sale transaction in accordance with the agreement.
R-88-66 Page 2
When the District acquired the surrounding property, Mr. Wilkins fully
disclosed this Vallerga obligation and quitclaimed his interest in this
additional area to the District. District staff has researched the matter
and is in agreement that the sale should be consummated as originally
contemplated in the original contract of sale between Mr. Hosking and the
Vallergas. Previously, the Vallergas were not concerned about completing
the purchase process since they had given written notice to the District
at the time of acquisition and had already taken possession and control of
the area in question. However, they are now proposing to sell their prop-
erty in order to move closer to urban services and would like to resolve
this matter. Mr. Vallerga has given the District an accounting of the
legal services provided to Mr. Hosking, and the remaining balance together
with accrued interest totals $4 , 645. According to our analysis, both the
burdens and the benefits of the Hosking/Vallerga agreement passed with the
title to the property and therefore it is proper that the District receive
the payment balance as a part of the obligation to quitclaim the property.
The District has already received the $4, 645 payment in full. Mr. and
Mrs. Vallerga have completed any and all requirements they may have
relative to this transaction. It is now appropriate for the District to
approve the sale in order to complete the process as originally con-
templated in 1975.
The Wilkins property has been dedicated as public open space by Board
action; however, since this portion of the property was not included in
the original Wilkins purchase agreement or the grant deed, you have never
taken action relative to the dedication status of this property.
Therefore, this 3. 3 acre area is undedicated.
S I TE HAP
€� y MIDPENINSULA REGIONAL OPEN SPACE DISTRICT f ROPOSED VALLEC-A SALE
«1}aPuris.}i,m.a ikr Cr.e} ek e.I; �wyoods Open.y.
Space Preserve 3. 3+ ACRES
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�
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING AND AUTHORIZING ACCEPTANCE OF
PROPERTY SALE AGREEMENT, AUTHORIZING OFFICER
TO FXECUTE QUITCLAIM DEED FROM DISTRICT, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION
(PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE)
The Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows :
Section One. The Board of Directors of the Midpenin-
sula Regional Open Space District does hereby accept and approve
the Property Sale Agreement between Edward D. Vallerga et ux and
the Midpeninsula Regional Open Space District, dated May 29 ,
1988 , 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 quitclaim
deed transferring title to said property to the Vallergas .
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 Board of Directors affirms that the
property being quitclaimed has not been previously dedicated as
public open space.
Section Five . The Board of Directors finds that the
quitclaiming and releasing of this property is in accordance with
Basic Policy of the District and is not detrimental to the open
space character of the Purisima Creek Redwoods Open Space
Preserve.
PROPERTY SALE AGREEMENT
THIS AGREEMENT is made and entered into this day of
1988 by and between EDWARD D. VALLERGA and MARJORIE VALLERGA, hereinafter
called "Buyers, " and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a
Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of
the California Public Resources Code, hereinafter called "District. "
WITNESSETH
WHEREAS, Buyers entered into an AGREEMENT FOR SALE OF REAL PROPERTY
(subject to certain restrictions) on June 7 , 1975 with Rancho Canada De
Verde, Inc. , a California Corporation, a copy of which Agreement, labeled
Exhibit "ONE" , is attached hereto and made a part hereof; and
WHEREAS, the sale of said real property, described in Exhibit "ONE" , was
never completed as agreed and said property was subsequently described in
a Quitclaim Deed dated July 29, 1982 executed by William T. Wilkins to
District and recorded on August 6 , 1982 in the office of the San Mateo
County Recorder under Serial No. 82067176; and
WHEREAS, Buyers now desire to complete their purchase of said real
property and District is willing to quitclaim all of its right, title, and
interest in said property to Buyers under the terms and conditions con-
tained herein.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1. District agrees to execute and deliver a Quitclaim Deed to
Buyers describing said real property in a form identical to the document
labeled Exhibit "TWO" , as attached hereto and made a part hereof .
2. In consideration of the Quitclaim Deed, Buyers shall pay to
District the sum of Four Thousand Six Hundred Forty-Five and No/100
Dollars ($4645 . 00) .
3. Buyers agree that District's execution and delivery of said
Quitclaim Deed shall constitute full performance of any obligation
District may have with respect to the Agreement of June 7, 1975 (Exhibit
"ONE" ) and that Buyers shall thereafter have no further claim against
District.
4. Buyers agree that said real property does not constitute a
separate legal building site and will be used solely in conjunction with
Buyers ' present contiguous building site, which site is described in the
Deed recorded December 10 , 1957 in Book 3318 of Official Records of San
Mateo County at Page 699 , and not for separate residential development,
use, or subdivision. Buyers may construct fencing, corrals, a barn or
s
Property Sale Agreement - Vallerga Page 2
similar ancillary structures on• said real property consistent with the
rules and regulations of the County of San Mateo, as such restrictions are
further included on said Quitclaim Deed (Exhibit "TWO") .
Ili 'HI^?iESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the date and year first hereinabove written.
MID? `Jr1TSULA REGIONAL OPEN SPACE BUYERS
DISTRICT
AP?RO"' D AS-TO FORM'
w rd D. Vallerga
• Date: - /
Stanley No --on, District Counsel
RECOMME11DATION
ll 14arjor&b Vallerga
r
Date: S
L. C�aig Britton, SR/WA
La d`Acquisition Manager
ri?P?tOVED AND ACCEPTED:
President, Board of Directors
E S T
Dls _ict Clerk
Date.
'IEEMENT FOR SALE OF REAL PROPEF
!` THIS AGREEL%r.NT, made .this -day of 1975, between
R?\CHO CANADA DE VERDE, INC., a Ca ZI" Eornia corporal on, ereinafter referred
to as "Seller", and EDWARD D. VALLERCA,. a licensed real estate broker, -and
KARJORIE VALLERGA, as joint tenants, hereinafter referred to as "Buyers",
.W I T N E S S E T H ;
Seller agrees to sell and convey to Buyers, and Buyers agree to buy
-from Seller that certain real property located in San Mateo County,
California, and described in Exhibit "A"--which is attached hereto, signed by
the parties, and incorporated herein for all .purposes_ _
Further, it is agreed;
---- I. The purchase price shall--be--the sum of Five Thousand Dollars
($5,000.00), which purchase price is to be 'paid in full within five (5) years
from the date hereof.
2. Said real property is not intended to be used as a building site,
but to the contrary, is intended to upgrade Buyers' present conti-uous buildie
site.
• S. Resubdivision under the San Mateo County Ordinances shall be made
only upon consent by Seller. * Any such resubdivision shall be at the sole
expense of Buyers. Upon the completion of such resubdivision, real property
- taxes, pro-rated as of the date of such resubdivision, shall be borne by
Buyers_
4. Possession of said real property shall be given to Buyers on -
July 1, 1975.
5. Upon full.performance by the Buyers of all terms and conditions
of this Agreement on their part to be performed, Seller shall deliver to .
Buyers a good and sufficient deed conveying said real property to Buyers free
and clear of all encumbrances. Evidence of title shall be a standard
California Land Title Association policy insuring title in Buyers subject only
to covenants, conditions, restrictions, easements and rights of way of record.
6. Time is of the essence of this Agreement. Seller agrees to
execute and acknowledge a Memorandum of Agreement referencing this Agreement
for Sale of Real Property, said memorandum to be recorded by Buyers at their
expense,
t 7. It is agreed that EDWARD- D. VALLERGA has furnished and shall
furnish legal services to Seller to the extent the same may be requested by-
Seller, said legal services to be at the rate of $50.00 per hour and to be
credited by Seller against the said purchase .price. The said attorney-
client. relationship may be terminated by either Seller or EDWARD D. VALLERGA
by the giving of reasonable notice thereof to the other. Associate counsel
may be employed at the discretion of EDWARD D. VALLERGA.
IN WITNESS WHEREOF, the parties hereto•have signed this Agreement
.the day and year .first set forth above.
RANCHO CANADA DE VERDE, IUC, ,
a California corporation, Seller
By
HOSKING, resident--1
BYSJ T �L
6AA 1 ice- rest ent
i
LARD VALLERGA, uyer
1
u ye�(
EXHIBIT alVe
P�ye of
�r~ EXHIBIT "A to Agreement
for Sale of Real Property
r = - Dated June 7, 1975
All that certain real nroperty situated in the County of San Mateo, State of
California described as follows:
A PO-;" IOIl OF 'FHF n.E. 1/4 of Section 6, T-6-S, R-4-W, M.D.M. said portion being
further described as follows:
BF.GIIl11111G at the most northerly corner of the lands of Edward D. Vallerga, as
described in that certain Deed recorded December 10, 1957 in Book 3318 of Official
P.eeords of San Mateo County at P:tRe (,59;
THENCE along the Plortheaster�y line of last seid lands South 53051'46"East
265.38 feet ( South 53046'East 267 feet per said Deed) to a Point on County
fire Warden's Road;
TT,-,,ICE along last said road north 25° 17' 00" Past 57.00 feet and north 00'
42' 00" East 54.12 feet;
THENCE leaving last said line along the following; courses:
llorth 530 51, 46" West 433.72 feet;
South 36° 08, 14" West 161.20 feet;
South 240 38' 59" West 568.34 feet;
North 830 12' 05" Enst 170.82 feet;
South 830 31' 41" East .9n.49 feet; to the southwest
corner of said Lands of Vallerga;
TY.F ICI along the boundary of last said lands North 9° ' "
t „ ll 00 blest 210.00 o a found 4 feet
3/ Iron Pipe Monument;
THENCE continuing along last said boundary north 44° 02' 00 Ea;;t 312.24 feet
(315 feet per said lked) to an EL-le marking the Point oC Berinning.
Containirg: 3.254 Ac.
RANCHO CANADA DR VERVE, INC. ,
a California cc,rpc,ratic)n, Seller
By
�G A[f FIOS MG, eat
By��
ai A AU '[ITIN- zce- res ent
1� • V ��ili' II
ED ARD D. V LLE GA, Buyer
�7`� c�lf.tee_. II
U E ^ ALL .R A, uyer
i
�Pe
�'�-fie �'.:,,o� �. .•
T T
Order No_
Escrow No. .
Loan No.
r
WHEN RECORDED MAIL TO:
Edward D. Vallerga
950 Purissima Road _
Woodside CA
94062
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $
EdwF _ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
950Pd D. Vallerga _ COMPUTED ON FULL VALUE LESS LIENS AND
Woo side, A Road ENCUMBRANCES REMAINING AT TIME OF SALE
t -
Woodside, CA 94062
Signature of Declarant or Agent determining tax—Firm Name
QUITCLAIM DEED
FOR A-VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, �3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a"Public District, Grantor,
� ,v
does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
i
EDWARD D. VALLERGA and MARJORIE VALLERGA,. as Joint Tenants, Grantees,
j
the real property in the City of
County of San Mateo , State of California, described as
Exhibit "A", attached hereto and made a part hereof.
• t
By their acceptance and recordation of this Quitclaim Deed, Grantees covenant and
agree, on behalf of themselves, their heirs, successors, and assigns, with Grantor,
that the property described in Exhibit "A" shall be used solely in conjunction with
Grantees' contiguous property as described in the Deed recorded December 10, 1957 in
Book 3313 of Official Records of San Mateo County at Page 699 and further agree that
the total conjoined property shall be used only as is consistent with the present Resource
Managemert District Zoning by the County of San Mateo of Grantees' contiguous property
and not for separate residential development, use, or subdivision purposes. Nothing
herein shall prevent Grantees from constructing fencing, corrals, a barn or similar
ancillary structures upon the property being conveyed herein, consistent with the rules
and regulations of the County of San Mateo or other regulatory authority.
it
MIDPENINSULA REGIONAL OPEN SPACE DI
STRICT
State of California, County of San Mateo By:
President, Board of Directors
On
before me, the undersigned, a Notary Public
in and for said State, personally appeared
known to
me to be President of the Board of Directors
of the public district that executed the
within instrument, and known to me to be the
Person who executed the same on behalf of �+
said District, and acknowledged to me that VX H IB 18
said District executed the same pursuant to
resolution.
'.Irf Page fl� III
WITNESS 'fY iiAtiD AN OFFICIAL SEAL. V
SIGNATURE
(This araa for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "A" to Quitclaim Deed
from MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT to EDWARD
D. VALLERGA and MARJORIE VALLERG
LEGAL DESCRIPTION
A PORTION OF THE N.E. '/ of Section 6, T-6-S, R-4-W, M.D.M. said portion
being further described as follows:
BEGINNING at the most Northerly corner of the lands of Edward D. Vallerga,
as described in that certain Deed recorded December 10, 1957 in Book 3318
of Official Records of San Mateo County at page 699;
THENCE along the Northeasterly line of last said lands South 530 51 ' 46"
East 265. 38 feet (South 530 46 ' East 267 feet per said Deed) to a point on
County fire Warden' s Road;
THENCE along last said road North 250 17 ' 00" East 57.00 feet and North 000
42 ' 00" East 54.12 feet;
THENCE leaving last said line along the following courses:
North 530 51 ' 46" West 433.72 feet;
South 360 08 ' 14" West 161 .20 feet;
South 240 38 ' 59" West 568 .34 feet;
North 830 12 ' 05" East 170. 82 feet;
South 830 31 ' 41" East 90.49 feet; to the southwest corner of
said Lands of Vallerga;
THENCE along the boundary of last said lands North 90 11 ' 00" West 210.00
feet to a found 3/4" Iron Pipe Monument;
THENCE continuing along last said boundary North 440 02 ' 00" East 312.24
feet (315 feet per said Deed) to an axle marking the Point of Beginning.
Containing 3 . 254 Ac.
EXHIBITII
Page ' ► 'of -&W
�I
R-88-62
A, (Meeting 88-13
lbet June 8 , 1988)
61 .00
20==•
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
June 1, 1988
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Boland,
Operations Supervisor; C. Bruins,
Administrative Assistant
SUBJECT: Authorization to Reject Bid and to Re-solicit Competitive
Bids for Underground Storage Tank Installation at Skyline
Ridge Open Space Preserve Ranger Facility
Recommendation: I recommend that you reject the one bid received,
which was from Petrotek in the amount of $29,750, and authorize staff
to re-solicit competitive bids for an underground gasoline storage tank
at Skyline Ridge Open Space Preserve ranger facility.
Discussion: At your March 9, 1988 meeting, you authorized staff to
solicit competitive bids for an underground gasoline storage tank at
the Skyline Ridge ranger facility (see report R-88-30 of March 3,
1988) . The preliminary cost estimate, prepared by a contractor at that
time, was $15, 000. Staff solicited competitive bids by a newspaper
advertisement and by invitation. Only one bid, in the amount of
$29,750, was received. Upon staff ' s inquiry, at least two other
vendors indicated that they had not submitted bids because of the
remote location and small scope of the project.
It is staff 's intention to re-advertise the project to a broader
spectrum of vendors with the hope that it will encourage a more
competitive bidding process.
.4,
�'�
.c a�
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C.SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949.5500
ii
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
NEW FUELING SYSTEM INSTALLATION
BID DUE DATE: Friday, May 27, 1988
JOB SITE: Midpeninsula Regional Open Space District facility
near Skyline Blvd. and Alpine Road (Installation will
be- governed by Santa Clara County regulations) ..
-ENCLOSURES:
A. (Reference Only
Building Area Map
Site Location Map
Typical Piping Installation Drawing
Typical Storage Tank Installation Drawing
Overfill Containment Detail
Float Vent/Vapor Extractor Detail
Sump Detail ° *
Annular Space Inspection Port Detail
B. Bid Specifications and Scope of Work
CUSTOMER CONTACT: Mr. John Escobar (415) 941-2870
Ms. Carleen Bruins (415) 949-5500
BID PRICE: "I have read the attached specifications and agree to
install the detailed fueling system for $ 2 91?SQI='
I possess valid Contractor License # gHsov7r-c 61 /c,yD
(Class C61/D40 or A "required) . I can begin project
within thirty (30) days and complete within ninety
(90) days after acceptance of bid. "
By �
For Company.
PETROTEK
P.0. BOX.612317
} SAN 1OSE, CA 95161.Z319
1
CLAIMS No. 88-1 1
Meeting 88-13
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: June 8, 1988
C L A I M S
Amount Name Description
1407 993.43 AmeriGas Field Equipment
1408 5,300.00 Aris Helicopters Ltd. Flume Removal
1409 175.51 Barron Park Supply, Inc. Fire Tank Equipment
1410 600.00 Dick Beltran Excavating Moved Trailer from Marden Property
1411 7,888.04 Birnie Lumber & Fence Company Fence Posts
1412 133.60 James Boland Reimbursement--Film and Photographs
1413 7,400.00 Louis Bordi Road Grading and Discing
1414 1 ,995.00 Brauer Grading Road Grading
1415 139.64 State of California/General Services Service Fee for Vehicle Purchase
1416 425.09 Compu-Tech Systems Trail/Road Counter and Accessories
1417 58.32 Contemporary Engraving Company Nameplates and Pins
1418 30.00 County Park & Recreation Association Annual Dues
1419 112.48 Discount Office Supply Office Supplies
420 165.00 Educational Seminars Institute, Ltd. Seminar--M. .Hale
1421 926.94 John Escobar Reimbursement--Fire Training--J.Escobar,
' . D.Sanguinetti , R.Gabrielson, G.Grimm,
and M.Ken, and Field Equipment
I1422 35.00 Jean Fiddes Reimbursement--Seminar
i1423 30.04 Walter Goggin Private Vehicle Expense
I1424 272.56 Herbert Grench Reimbursement--Conference Expense
I1425 183.20 Mary Gundert Reimbursement--Conference Expense
1426 49.0o Harvard Business Review Subscription
1427 155.72 Honeywell Protection Services Burglar Alarm
1428 145.15 Hubbard & Johnson Field Supplies
' 1429 69.05 Lab Safety Supply Equipment Part
', 1430 25.00 Lauren Langford Typesetting for Brochures
11431 870.73 Lawrence Tire Service Tires
11432 25.60 Los Altos Garbage Company Dumpster Rental
I1433 82.62 Mar-in Supply Company Field Supplies
I1434 778.95 Robert McKibbi)n Reimbursement--Conference Expense
1435 117.70 Micro Accounting Solutions Computer Software
I1436 238.31 Minton's Lumber s Supply Field Supplies
1437 81 .06 Mobil Oil Company Fuel
1438 49..80 Joyce Nicholas Reimbursement--Photographs and Supplies
1439 101 .81 Norney's of Mountain View Computer and Office Supplies
1440 67. 15 Northern Hydraulics Vehicle Equipment
Meeting 88-13
Date: June 8, 1988
' # Amount Name Description
1441 1 ,015.30 Pacific Telephone Telephone Service
1442 691 .04 Pacific Gas & Electric Company Utilities
1443 973.70 Peninsula Oil Company Fuel
1444 74.55 Port-O-Let Sanitation Services
1445 942.21 Pine Cone Lumber Company, Inc. Railroad Ties & Lumber for Retaining
Wall
1446 33.56 Rancho Hardware Field Supplies
1447 38.97 Redwood Office Products Office Supplies
1448 1 , 162.50 Redwood Products Grading--Long- Ridge Preserve
1449 170.40 Roberts & Brune Company Hydrant for Water Tank
1450 611 .93 Jane Saltman Planning Services
1451 33.73 Scotts Valley Sprinkler & Pipe Supply Parts for Water System
1452 4,680.00 E. R. Sheehan Equipment Rental & Consulting Services
1453 1 ,155.61 John Shelton, Inc. Galvanized Culverts
1454 338.28 Signs of the Times Signs
1455 116.78 Skyline County Water District Water Service
1456 135.00 Sonoma State University Academic Historical Records Search for State
Foundation, Inc. Grant
1457 6,820.00 Jim Symanski Pipe Gates
1458 6,500.00 Tejima and Associates, Inc. Soil Engineering Services
1459 1 ,500.00 The Trail Center Design, Layout and Construction of
Trail--Pulgas Ridge Open Space
Preserve North Canyon Trail
1460 151 .60 Unocal Fuel
1461 92.93 Sandy Voorhees Private Vehicle Expense
1462 3,047.41 Yardbird Equipment Sales Field Equipment and Repairs
CLAIMS No. 88-1 1
Meeting 88-13
MIDPENINSUi A REGIONAL OPEN SPACE DISTRICT Date: June 8, 19$
REVISED
C L A I M S
r Amount Name Description
1407 993.43 AmeriGas Field Equipment
1408 5,300.00 Aris Helicopters Ltd. Flume Removal
1409 175.51 Barron Park Supply, Inc. Fire Tank Equipment
1410 600.00 Dick Beltran Excavating Moved Trailer from Marden Property
1411 7,888.04 Birnie Lumber & Fence Company Fence Posts
1412 133.60 James Boland Reimbursement--Film and Photographs
1413 7,400.00 Louis Bordi Road Grading and Discing
1414 1 ,995.00 Brauer Grading Road Grading
1415 139.64 State of California/General . Services Service Fee for Vehicle Purchase
1416 425.09 Compu-Tech Systems Trail/Road Counter and Accessories
1417 58.32 Contemporary Engraving Company Nameplates and Pins
1418 30.00 County Park & Recreation Association Annual Dues
1419 112.48 Discount Office Supply Office Supplies
1420 165.00 Educational Seminars Institute, Ltd. Seminar--M. .Hale
1421 926.94 John Escobar Reimbursement--Fire Training--J.Escobar,
D.Sanguinetti , R.Gabrielson, G.Grimm,
b and M.Ken, and Field Equipment
1422 35.00 Jean Fiddes Reimbursement--Seminar
1423 30.04 Walter Goggin Private Vehicle Expense
1424 272.56 Herbert Grench Reimbursement--Conference Expense
1425 183.20 Mary Gundert Reimbursement--Conference Expense
1426 49.00 Harvard Business Review Subscription
1427 155.72 Honeywell Protection Services Burglar Alarm
1428 145.15 Hubbard & Johnson Field Supplies
1429 69.05 Lab Safety Supply Equipment Part
1430 25.00 Lauren Langford Typesetting for Brochures
1431 870.73 Lawrence Tire Service Tires
1432 25.60 Los Altos Garbage Company Dumpster Rental
t433 82.62 Marin Supply Company Field Supplies
1434 778.95 Robert McKibbin Reimbursement--Conference Expense
1435 117.70 Micro Accounting Solutions Computer Software
1436 238.31 Minton's Lumber & Supply Field Supplies
1437 81 .06 Mobil Oil Company Fuel
1438 49.80 Joyce Nicholas Reimbursement--Photographs and Supplies
1439 101 .81 Norney's of Mountain View Computer and Office Supplies
1440 67.15 Northern Hydraulics Vehicle Equipment
Meeting 88-13
Date: June 8, 1988
REVISED
Ilk Arno un t Name Description
1441 1 ,015-30 Pacific Telephone Telephone Service
1442 691 .04 Pacific Gas & Electric Company Utilities
1443 973.70 Peninsula Oil Company Fuel
1444 74-55 Port-O-Let Sanitation Services
1445 942.21 Pine Cone Lumber Company, Inc. Railroad Ties & Lumber for Retaining
Wall
33-56 Rancho Hardware Field Supplies
1447 318.97 Redwood Office Products Office Supplies
1448 1 , 162-50 Redwood Products Grading—Long- Ridge Pteserve
1449 170.40 Roberts & Brune Company Hydrant for Water Tank
1450 611 -93 Jane Saltman Planning Services
1451 33-73 Scotts Valley Sprinkler Pipe Supply Parts for Water System
Ili 1452 4,680.00 E. R. Sheehan Equipment Rental & Consulting Services
1453 1 , 155.61 John Shelton, Inc. Galvanized Culverts
1454 338.28 Signs of the Times Signs
1455 116-78 Skyline County Water District Water Service
1456 135-00 Sonoma State University Academic Historical . Records Search for State
Foundation, Inc. Grant
1457 6,820.00 Jim Symanski Pipe Gates
1458 6,500.00 Tejima and Associates, Inc. Soil Engineering Services
1459 1,500-00 The Trail Center Design, Layout and Construction of
Trail--Pulgas Ridge Open Space
Preserve North Canyon Trail
1460 151 .60 Unocal Fuel
1461 92-93 Sandy Voorhees Private Vehicle Expense
1462 3,047.41 Yardbird Equipment Sales Field Equipment and Repairs
1463 187-91 Petty Cash Out-of-Town Meeting Expense, Meal
Conferences, Fiqld and Office Supplies,
and Postage
T
-. 'tee'-� . r , ;dr�� ' •r ..
9
t � R w�, •yew � r� -� � � �(`�/ � � :,
_ .�V, _+..ram �� � _ -� � -�• {
ft
A , ' � .� it 1
MIA�•� _y t�,, Js ..wd- .
`Y- '✓ ' r, -4 \... yam ����_
t 49J 't�
Paintings by Ted Lewin
cent orange—Stan Bradshaw has a growing recreation industry.
g witnessed an g states,he says,because there is solit-
"oran in " of Mon- "There are more people and more tle public land available for recrea-
tana's Big Sky Country. pressures on the land," says Al tion there:90 per cent of Vermont is
Y"As this evolves," says Bradshaw, Gilbert, chairman of the resource- in private ownership, and 40 per
legal counsel for the Department of economics program at the UnJv er- cent of Vermont forest land has
Fish,Wildlife,and Parks,"it's almost sity of Vermont in Burlington. changed hands in the last fifteen
Studies conducted b Gilbert
` want control over ears. S Y
"Landowners a self-fulfilling prophecy. When a 'La Y
piece of land is posted against tres- their property, and I don't see any show that new landowners are more
passing there is more pressure on force that is going to reduce post likely to post their property than es-
the remaining open land, and it ing." tablished rural residents. These un-
closes." In Vermont, where posted prop- stable ownership patterns restrict
The move toward increased post- erty must be recorded with town recreational opportunities.
ing of property is not limited to clerks' offices, the incidence of land -
Montana or even the Western states, posting increased by 9.8 per cent per THE POSTING of private land
but is a pervasive response to the year between 1968 and 1983,accord- 1 brings into conflict two Ameri-
changes in attitude in an expanding ing to Gilbert. Posted land is of par- can rural traditions. Both are strong,
rural population and implications of ticular concern in the northeastern both are aspects of our historic dem-
COUNTRY JOURNAL / 51
j.am
F��b
This land
Orr
Is My Land
•' 'may l
The posting of private band raises a
raft of perplexing issues
by Bob Trebilcock
LOWELL HILDRETH, a fifty-five- men from floating farther down- public access to streams and rivers,
year-old rancher who lives in stream. Sportsmen's groups asked even those incapable of handling
Dillon, Montana, never intended to Hildreth to remove the fence. He commerce, such as the Beaverhead.
raise a state constitutional question refused. Eventually a lawsuit was In Hildreth's opinion, the contro-
when he stretched a fence across the proposed to settle the dispute. versy extended beyond the subject
Beaverhead River. He only wanted At issue were the time-honored of water. It put into question an
to keep his cattle from crossing the traditions of public recreation and owner's rights on his own land. "For
water into his hay fields, he says. private property that extend back to me it came down to a matter of prin-
Hildreth naturally assumed he was the founding of the republic. In Eu- ciple," Hildreth says. "Is this my
within his rights; the stream is part rope wildlife historically belonged to property or isn't it?"
of his deed and Hildreth pays prop- the nobility, the landed gentry on Hildreth's sentiments are shared
erty taxes on that portion of his land whose land, and in whose rivers, it by a number of rural landowners
occupied by the Beaverhead. Cus- was found. The New World was set- from one end of the country to the
tom was on his side, too. Ranchers tled with the idea that wildlife and other. As the use of land for recrea-
j in Montana have traditionally water belong to the people and are tion of all kinds increases, more and
stretched fence across small, non- available for public recreation unless more of rural America is being
navigable streams without raising a enclosed by the landowner and posted against trespassing. Follow-
fuss. posted against trespassing. The two ing a 1985 modification of the Mon-
But the fence that stopped traditions met head on at Lowell tana trespass law to facilitate easy
Hildreth's cattle from crossing the Hildreth's fence. posting—posted land is identified by
creek also prevented a growing pop- From the sportsman's perspective painting normal entry points with a
ulation of river rafters and fisher- the issue centered on the right of fifty-square-inch patch of fluores-
cn t_s
1
land—a dairy farm or a timber tract years tourism and outdoor recrea- groups are looking to the courts and
—is generally more accessible to the tion have replaced timber and min- the state legislatures to resolve the
public than multiple-use land. ing as Montana's second-largest in- issues that are raised. "Tradition has
The primary reason for posting, dustry. The number of deer-hunting always sided with the landowner,"
Gilbert determined, is protection of permits .issued each year has dou- says Jobes. "The law has generally
the land against damage from recre- bled from 122,000 in I960 to 237,000 ruled in favor of the public." One of
ational users, primarily hunters and in 1984. During a typical ten-week the cases defining property, rights i
snowmobilers. Seventy per cent of deer season,a population of hunters concerns the Beaverhead River and
the landowners who post their prop- equivalent to one fourth the state's Lowell Hildreth's ranch.
erty claim some damage in the past. population roams the range in The Beaverhead doesn't look like
But Gilbert has also encountered search of game. the kind of river that would excite a
a number of landowners who posted "The new recreationist is often ig- battery of lawyers. The stream. is
their property at the suggestion of a norant of the rules of the game," maybe 15 yards wide,and in its natu
realtor. "What we surmised," he says Jobes. "That happens at the ex- ral condition the Beaverhead is float-
says, "is that the new rural resident pense of rural people. If a rancher able by canoe only part of the year.
wants his property clearly defined. I stops and sees a family picnicking on The Clark Canyon Dam changed
think it comes from the suburban his property,he may think how nice all that.Completed in 1963,the dam
practice of buying a subdivision it is that someone can do this. More provides a year-round flow of tem- f
home and erecting a fence around frequently he sees the beer cans left perate, canoeable water and spawns
the yard. New residents often say on his range and takes that as a per- some of the best trout fishing in the i
they moved to the country to enjoy sonal affront." state. Between duck hunters, trout
the culture," adds Gilbert. "I think The attachment to land is an abso- fishermen, and rafters, the traffic
by posting, you end up trying to lute sense of property accompanied through Hildreth's property since
change the open culture you came by intense values and sacred feel- 1963 has multiplied exponentially.
to enjoy. What you lose is the sense ings. "When a rancher posts his "Our little canyon has been
of an open rural society." land," Jobes explains, "he isn't just marked for recreation," says
Montana is probably the last place closing it off from behavior that he Hildreth, "and that's at odds with
in which rural traditions of open doesn't approve of. He's concerned ranching. The average person
land and trespass rights would be ex- with the aesthetics of the ranch and doesn't realize that my animals don't
petted to clash. In the Western the idea of preserving a way of life want a lot of people interfering with
states, the boundary line between and a sense of community." them. I haven't had a lot of prob-
public land and private land is often lems, but every year it's just a little
blurred. A ranch or wheat farm mea- A S THE NUMBER of conflicts be- worse."
sured in the thousands of acres is A tween recreationists and pri- Whether or not Hildreth could
likely to comprise both vast ex- vate property owners increases,both fence the Beaverhead stream was
panses of privately owned and decided in June of 1984. The Mon-
leased public land. Those wide-open tana Supreme Court ruled that the
spaces are often thought of as the streambed belongs to Hildreth—
last refuge for the individualist. ! i nothing has been taken from him,
Montana is Big Sky Country in 1' ai,- �'A and he still pays taxes on the land.
a A f the 1980 �' At the same time the court declared
motto and in fact. s o ; j ,
census, the population averaged just F that the water belongs to the people
one person for every 5.3 square �, ' j of Montana. The public right super-
miles of land. To the outsider there sedes the private right. The court
would seem to be room enough to ruled similarly on a second suit in-
accommodate anyone. ' j r t volving the Dearborn River.
In the view of Patrick Jobes,a pro- In 1985 the Montana legislature
fessor of Sociology at Montana State ��� responded by passing the most
University in Bozeman, however, �` widely applicable stream-access law
the isolation of rural areas is pre „ - ' in the country. Any stream capable
cisely the reason so many long-time of almost any recreational use may
t ranchers are posting their property. `µ ' :>, �J be used up to the ordinary high
"The country is no longer a rela- water mark by the public, regardless
v 1 pristine and isolated place," -� i of who owns the streambed. Hence
tr e y P P >Tn�
says Jobes. "The meaningful tom r r f•- _��--��-� ranchers such as Hildreth may still
g � Y
munity relationships that have been =;'�►.� stretch a fence across a stream to
lost amongst most people still exist '' f protect their cattle, but if they do so
r vid portage route
between ranchers and farmers, and the must provide a o ag
tq Y P P
that makes them particularly vulner- _ l around the barrier onto their prop-
able to outside people." erty, and they must do it at their
Jobes views the consequences of a own expense.
canine "marking of turf' as a classic Stan Bradshaw, the attorney for
battle of values between landowners the Montana Department of Fish,
and recreationists. In the last twenty Wildlife, and Parks, explains the
COUNTRY JOURNAL / 53
i
l M -
yF; fee. When prosecuted,criminal tres-
passing is a misdemeanor that car-
ries a minimal fine.
In addition Vermont has two dif-
ferent private-property ordinances.
One prohibits trespassing in a gen-
11 4 ►' eral way. The other specifically pro-
1 hibits hunting,fishing,and trapping.
Hunting on land posted against rec-
reation could result in the loss of
�= hunting rights for one year. But
hunting on land posted only against
trespassing carries a minimal fine.
3� In the Southern states, by con-
trast stiff laws r. � effect theproperty
t`✓,, concerns of the plantation tradition
`� i/'1 a �•; that once dominated the state legis-
latures. In Florida hunting and fish-
ing can only take place with the per-
mission of the landowner, whether
or not land is posted. The differ-
'J ences between open and private
property can be difficult to distin-
guish: land in current use—fenced,
cultivated, or fallow land in crop ro-
tation are a few examples—is con-
sidered private property whether or
„ not it is posted with signs. Trespass
with a weapon, including hunting
without permission,is a third
-degree
d degree
felony, the same as grand theft and
criminal assault, punishable by a
$5,000 fine and/or up to five years
' in jail.
i� rWHAT WE LIKE to think of as a
I simpler time, when rural popula-
tions were relatively static, when
neighbors knew one another, and
the sheer number of recreationists
was considerably lower, the oppos-
ocratic life, and both are increas- 'Because it's mine. ...' ing rural ideals of free access to the
ingly found to be contradictory. land and inalienable property rights
One tradition is expressed in the Trespass and recreation laws re- were less likely to come into conflict.
words of a Woody Guthrie song: flect an effort to balance those tradi- A change occurred, according to Al
"This land is your land, this land is tions.They also project the different Gilbert, as the result of an urban in-
my land, ... this land was made for views of property versus individual fluence that accompanied the rural
you and me."It reflects the rural no- rights held in different regions of the growth of the last fifteen years. As
tion of land stewardship: ,land en- country. agricultural importance declined,
dures forever, ownership is tempo- When New England was settled, large farms were subdivided into
rary, and the great outdoors belong obtaining wild game was not merely smaller parcels, often bought by
to everyone. a hobby but a matter of survival. In former city people in search of a pri-
At the same time,a man's home is Vermont the right to hunt and fish is vate piece of the country.
his castle. The right to own private one of the inalienable rights guaran- Two studies of Vermont land-
property is central to the American teed by the state constitution. For owners conducted by Gilbert be-
dream, as is the right to deny access that reason hunting and fishing can tween 1975 and 1985 reveal a com-
to that property for no other reason take place on open land without per- posite profile of the person most
than that it's private land.Carl Sand- mission of the landowner. Legal likely to post property:a fairly afflu-
burg summed up that feeling in the posting in Vermont is a formal pro- ent recent retiree,or a well-educated
opening lines of his poem, "The cess which may discourage closing new resident in his mid-thirties pur-
People, Yes": land to the public: signs must be of suing a professional career. Small
an exact size, spaced in a specific parcels of land—less than 50 acres—
'Get off this estate.' manner, and registered with the are posted more frequently than
'What for? town clerk each year for a nominal large pieces of land, and single-use
52 / SEPTEMBER 1987
property," says Galt. "If it's water
now, why not land next?"
Outfitters say there are-no efforts
licensees, as is someone culling trees to force the opening of private land
strictly for their own use with the land- for public recreation.
owner's permission. A landowner is not P ra
Other ranchers urge cooperation :,•;�, ,�,� -'�
obliged to inspect the premises for possi with recreational groups. "There is `
ble dangers,but is responsible for known no question that we have given up Ks hv�+L. ,
dangerous situations, such as a hidden
something," s ie Wilson, a s
open well,and should warn the licensee g. says Jmm 1 I
of a present danger. recent past president of the 3,000-
!,
0 Business Invitees You owe the most plus-member Montana Stock
responsibility to a person invited onto Growers Association. "But in light 1 ,
your property for your benefit. Business of the court decisions, we have to ,
r invitees include delivery men,salesmen, compromise. I hear other ranchers ' •:
consultants, or recreationists who have saying we have to take a stand. Well,
aid a fee.The duty owed is that of exer- r.�"
P y that's what Custer said." `
cising the care of a reasonable person in The long-term impact of the Mon- How T01111 Have A
making sure the premises are safe,or in tana stream-access law on private
providing anadequate warning and recreational rights has Green Th�b
known danger
s or those that would bea property g '
apparent through a reasonable inspec- yet to be determined. . Without
• •
An
tion of the property. According to Albert W. Stone a ]]��((
Tom Muth has several suggestions for professor of law at the University of �An 0 �e C�� k
liability protection: Montana in Missoula, private
0 A Yearly Inspection: "For those of us property rights were not at issue in
who grew up on a farm," he says, "the the Hildreth case. Stone, who testi- ulch has been the natural
potential dangers around a barn and ma- fied as a friend of the court in the friend of smart gardeners
chinery are a way of life.But others may since time began.Mulch is made
not be aware of them." Once a year, case, points out that though recrea by running weeds,used-up crops,
tionists can float through private kitchen scraps(bones and all),
with the family,inspect the property for property, they cannot cross private shrub and tree trimmings(up to 3''
safety problems. Correct those hazards thick ...virtual/ anything organico3
that can be addressed, make visitors property to gain access. ) y y g
aware of others, or deny access to that "The question was whether or not ..through a Kemp Shredderl
Chipper!
part of the property."Once you've put a the owner controls everything under Inside a Kemp,up to 54 carbon-
visitor on notice,"says Nluth,"you've al- and over his land,"says Stone. "The steel blades reduce everything into
leviated some of the liability." answer was: No. The law didn't millions of tiny pieces—in
G Ask for Advice: In Ohio the coopera- change; the public need changed, seconds!
tive extension service has conducted and the law was broadened substan- Till all you can make into your
seminars on farm liability, and many ex- soil.It will turn even the poorest
tially to back that up." Stone adds
I tension offices have a legal adviser who soils into rich,dark,crumbly loam.
that most western ranching states, After crops are u spread Kemp-
to+ can assist with questions of law specific P P. P p-
3 except Colorado, have passed or are read mulch over our garden to
� to your state.�1uth also suggests touring Y y
the property with an insurance agent considering similar legislation. prevent weed growth,hold needed
and requesting a letter with an outline of In Vermont, however, there is a moisture and feed your plants.
safety recommendations. different view. In July of 1986, the Ruth Stout summed up this easy,
i Remain Cognizant of Your Relation-
carefree Vermont Supreme Court sided carefree way of gardening in her
1 shipwith a Visitor: "If you remain book,How To Have A Green
Y firmly with private property owners Thumb Without An Aching Back.
within the recreational use standard," when it ruled that a 360-acre boata
Huth says, "there's not much liability, ble marshland adjoining Lake
except for willful hazards within your e en Champlain is not o to the public
control." P P P Save up to$2251
for duck hunting because it was •Get a Free copy of Ruth's book11890,
O Insurance: In a litigious age, ade osted a ainst huntin fishin and
quate insurance is a must. While P g g> g trespass and recreational user statutes trapping. The court said it made no "The standard or the Home Gardener since
indemnify a landowner from responsibil- difference that the land in question tmp
ity,they do not prevent an injured party was covered by water: if the prop- ,
J from filing a Iawsuit. The cost of legal erty is posted, it is off limits. SHREDDER/CHIPPERS w
defense fees can be exorbitant. Patrick Jobes thinks that, Ulti- 160 Koser Road.Dept. 12097
B.T. mate]y, new g on w le legislation lead to a Lititz(Lancaster Co.),PA 17543 '
' Telephone:(717)627-7979
clearer definition of public and pri- p YESI Please rush details on the Kemp
vate rights.Jobes views that as a pos- ' Shredder/Chipper and FREE book offerl
not only inconvenient, but I believeitive force. "At the same time," he
it is a harsh blow to the value of our adds, "I think the posting of land Name '
property." will continue to rise astronomically."
The senator echoes his constitu 0 'Address _ ---
ercv when he wonders if the logical BOB TREBILOCK is a frequent contribu- 'City_ -
extension of the bill will lead to free for to COUNTRY JOURNAL. His report on
public access to all private land. rural population growth appeared in the Ltate Zip_--
"1ou can't compromise with private June issue.
COUNTRY JOURNAL / 55
Landowner Rights and Liability
AS RURAL RECREATION increases, land- of Off-Highway Vehicles provides 50 per ing children.) Still, a landowner cannot
owners should ask two practical ques- cent of the cost of developing snowmo- take affirmative action against a tres-
i tions concerning their own property: bile trails on private land and subse- passer whose presence is known,or set a .
what are the rights and alternatives to- quent trail maintenance. The bureau trap for trespassers who come regularly
ward recreation on private land, and usually works in conjunction with a onto the property. Acts such as pur-
what are the liabilities? snowmobile club,which monitors access posely stringing a hidden {wire to stop
Most states encourage open land,and to the property.In addition,New Hamp- snowmobiling or booby trapping a va-
some offer incentives not to post prop- shire provides a $1 million liability pro- cant house against burglars are against
erty. To promote farming and forestry, tection policy to participants.According the law. Finally, says Muth, if you are
for instance, New Hampshire assesses to Doug Eoute, chief of the Bureau of aware of trespassers on your property
property taxes on land in production at a Off-Highway Vehicles, similar programs you have an obligation to ask-them to
reduced rate, based on the land's cur- are offered in a number of states includ. leave. "If you've set a standard,such as
rent use rather than its resale value. ing Maine,Vermont,Michigan,and Wis- posting your property against trespass-
That current use tax assessment is re- consin. ing,and don't enforce it,"advises Muth,
Zduced by an additional 20 percent on In terms of liability, rural landowners "you've accepted something else in the
land open for recreation. In Vermont, are possibly more susceptible to law- eyes of the court."
landowners who keep their property suits,even if land is posted against tres- ❑ Recreational User: A number of
open are assured of a deer hunting per- passing,simply because farm machinery, states, including Ohio,have passed rec-
mit for the limited doe season. livestock,herbicides,old wells,and out- reational user laws that indemnify from
Many environmentalists as well take buildings present more opportunity for liability a private landowner whose prop-
the position that land ought to be open. injury: erty is available for recreation. Recrea-
Sarah Thorne,a land protection special- Anything that can be adjudicated will tion is loosely defined to encourage the
ist with the Society to Protect New be adjudicated. This is the attitude of widest possible range of activities and in-
Hampshire's Forests (SPNHF), urges Larry McKean, the director of farm, eludes hunting,fishing,trapping,camp-
property owners to work with recrea- ranch,and hail damage claims for State ing,hiking,swimming,snowmobiling,or
tional groups to accommodate both ri- Far
m rrn Insuran
ce. "I P n recent
years," .says simply sitting o Y Y n the beach. Owner e-
PY g p r
vate and public use. McKean, "it hasn't mattered if a land- mission for recreational use does not im-
"Ultimatel th
e
e land belongs to the he owner was ne
gligent li g en g g t so much as if some- ply safe conditions,and an owner is not
public," says Thorne. "Hunting and one was hurt." required to make conditions safe.
fishing are compatible with forest land To ensure the availability of private There are two keys to the recreational
protection as long as sportsmen are re- land for rural recreation,however,many user standard: one is that the recrea-
sponsible."Thorne says that with a few states have passed laws to protect land- tional user was not invited by the owner
exceptions, the 17,000 acres of land ad- owners. Tom Muth, a legal research as- to enter the property;the second is that
ministered by the society is open to sistant with Ohio Ag Law at Ohio State the landowner receives no economic
hunting and fishing.By working cooper- University,says that there are three con- consideration for the use of his land.
atively with off-highway-vehicle clubs, ditions that an injured party must prove If a guest has been invited, the land-
controlled access for the SPNHF has se- against a landowner in order to establish owner is held to a higher accountability.
cured snowmobiling on less ecologically actionable negligence: the existence of At the same time, if a landowner re-
sensitive land. an owner's obligation to identify or cor- ceives compensation—in the form of
Thorne suggests posting a safety zone rect a potential hazard (an open con- money,a share of a fisherman's catch,or
around a home or barnyard for family tainer of herbicides or dangerous equip- even a ride on a snowmobile—the recre-
protection, while leaving outlying fields ment); a breach of that obligation; and ational user standard may not offer pro-
open. In Vermont, the Fish and Game an injury resulting from that breach. tection.Suit was filed against a Montana
Department will provide,free of charge, The first two conditions are determined rancher after he accepted $25 from a
the signs necessary to post a 500-foot by the relationship between the owner hunter in a questionable state of sobri-
safety zone around a dwelling. Local and the user.Under Ohio law(and many ety. The drunken hunter didn't notice
game wardens will patrol areas where states will prove similar) there are four the cold and suffered frostbite.The suit
heavy hunting is a disturbance rather classifications of land user. contended that once he accepted
than see the land closed altogether. money, the rancher was no longer pro-
State funding s often ava
ilable 1 be to de-
0 Trespasser: A tre
spasser riser is a Person
tected by Montana's recreational user
velop recreation on private property on the premises without permission or statute and had a duty to protect the
open to the public without a fee. At a an established right. Under Ohio law, a hunter from himself. The case was set-
landowner's request, the Vermont De- landowner is not obligated to make the tled out of court.
partment of Fish and Wildlife will stock premises safe for an unknown trespasser ❑Licensees:A licensee is a person who
ponds and streams if the fishing rights or to give warning of dangerous condi- is on the premises solely for his own ben-
are available to the public. A program tions.(The court does hold a more strin- efit by the permission or passive accep-
sponsored by New Hampshire's Bureau gent standard toward unknown trespass- tanee of the landowner.Social guests are
Hildreth decision as a conflict be- Lowell Hildreth is frustrated b "The springs and streams
Y e s P g earns are an in-
tween the remnants of an agrarian the decision. "We could've sat at tricate part of our ranches," says
view of Montana and a new urban home, saved fifty thousand dollars, Jack Galt, a ,state senator from
influence. "Many of the people who and had the same results," he says. Meagher County who has filed a
live in urban centers are recreation- The Montana ranching commu- counter suit questioning the c nsti-
.> ,� q g a
ists, says Bradshaw, and the legis- nity is divided over the results of tutional'I ty of the Supreme Court de-
lature is much more reflective of Hildreth's suit. Some ranchers are eision. "Now the public has a thor-
those sentiments." unalterably opposed to the new law. oughfare under our windows. It's
54 / SEPTEMBER 1987
WRITTEN COMMUNICATIC
Meeting 88-13
June 8 , 1988 j
-`,T o �. M►2os � 0 i ��2s
i
�� �' 08��'� � �
RESPCNSE ACTION PROPOSED BY STAFF
_ Bcard President Acknowledge/Respond
_ Director Acknowledge/Respond LAND ACQUISITION POLICIES AND PROCEDURES
Staff Acknowledge/Respond
Draft Response Attached OF THE
Staff to be Directed to Prepare Draft
Response for Board Cozgideration per Bcard Directive(s) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Ocher
WIS
IV O DRAFT COPY
May 5 , 1988
i
I
Midpeninsula Regional O n Space District
Old Mill Office Center, S ' te C-135
201 San Antonio Circle, Mou tain View, CA 94040
Complete set of comments sub-
mitted by Mr. Seaby are available
at the District office for review
I . INTRODUCTION TO THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
i
The Midpeninsula Regional Open Space
District is a public agency formed under the
laws of the State of California (Public
Resource Code 5500 et seq. ) with the voter
mandate of acquiring and managing open space
lands for the public use and enjoyment . The
jurisdiction of the District is a precisely
defined geographic area in the midpeninsula
region south of San Francisco and northwest of
San Jose .
Since it was created in 1972 , the
District has acquired 26 separate open space
preserves, open to the public free of charge
every day of the year . Hiking and equestrian
trails are available on the preserves , which
offer low-intensity recreational opportunities
such as nature walks , photography, jogging,
kite flying, and quiet enjoyment of the
natural scenic beauty. The environment of the
preserves varies from redwood forests with
creekside settings to open meadows with
panoramic views of Monterey, the Pacific
Ocean, San Francisco, Mt. Diablo, the east San
Jose foothills and the Sierra Azul Coastal
Range .
Permanent preservation of open space
lands in the midpeninsula area often requires
the acquisition of private land for this
specific public purpose . HoweVtr--if
Iarxe owners-ehoase-to-pre serde-apert-space
through-re ta}ring-the ir-own-prepertp--nuch
private-pre-er�ratien-ia-F:°ieattrages-by-tpe �
Bijitriet- Preservation of open space by
private landowners is also encouraged by the
District .
5
I
i
During its first 15 years , the District
acquired more than 26 , 000 acres of open space
land. As a result, many private property
owners have asked questions about the
District ' s acquisition procedures . The
District ' s elected Board of Directors has
enacted policies to guide this process .
The purpose of this publication is to
provide information on specific site planning
and land acquisition policy and procedures
used by the District, as well as to provide
information which may be of interest to
landowners whose property is located within
the District ' s Sphere of Influence .
PA LS Most of the District land purchase
Ji transactions have been initiated by landowners
who were interested in selling their property.
In some cases , the District has .initiated
contact when previous acquisitions in a
certain area have made the purchase of
additional parcels desirable .
The District ' s main acquisition interests
are in large, undeveloped or sparsely
developed parcels of land. Since it the
District is not interested in buying small
parcels of land with expensive houses or other
�On�51 development, owners living on their home sites
i`►� T should be assured that the District has no
intention of displacing them from their homes .
I.T��tiS
Each property brought to the attention of
the District is considered on a case-by-case
basis , and the Land Acquisition staff will be
pleased to talk with anyone interested in
discussing the possibility of selling or
donating property to the District _ Individual
landowners are encouraged to discuss specific
tax questions , estate planning and other
specialized matters with their personal
advisors .
Some of the advantages of selling or
giving property to the District are explained
6
planning, finance, public communications,.
and administration.
D. How the District Is Financed
The District' s primary source of
revenue is a share of the annual total
property tax collected within the
District boundaries in northern Santa
Clara County and southern San Mateo
County. This income is equivalent to
about 1. 6 cents out of the total one
dollar rate per $100 of assessed value on
real property.
Other revenue sources include
federal and state grants, gifts and
bargain sales of land, and private
donations by individuals and
organizations . The Open Space District
has consistently worked to stretch local
tax dollars with those other revenue
sources, and these efforts have increased
the District ' s land purchasing power by
more than one-third.
E. How Open Space Preserves Are Created
The evolution of an
open space
P
preserve typically takes several years,
beginning from the time of acquisition of
the first parcel of land, when the public
facilities are limited to those already
existing on the site (such as roads and
trails) , through the detailed and public
planning process to the design and
mapping and construction of trails and
access points and-£insllp7-full
accessibility-to-visitors .
The acquisition of land is usually
done on an "as available" basis,
depending on many different factors ,
including location, scenic appeal,
availability of funds, and desirability
of the parcel as an addition to an
existing open space preserve or the
—— _ _ .. .,am w is:a............rtr=i.+.a .. seM .ax...t ....w.... _1...�w r_. �.rs1'ai uL.ir: ............s,......4i:,.�.i.5i✓'.r.
G. The District ' s Boundaries
1 . Geographic Description
The District is a 330-square mile
karea encompassing northwestern Santa
Clara and southeastern San Mateo County,
and runs from the northerly boundary of
the City of San Carlos and its Sphere of
Influence to the southerly boundary of
the Town of Los Gatos and its Sphere of
Influence, and essentially from the
center of the Bay to just west of Skyline
Boule More than 550 , 000 residents
are serve, by the District.
wveo 2. The District 's Sphere of Influence
The Sphere of Influence consists of
all the lands within District boundaries
and some areas outside the District ' s
formal boundaries . According to the state
�pv law, these areas outside the boundaries
"vAq(ju� are areas where the District might expand
its formal boundaries in the foreseeable
future .
3. The District 's Piaster Plan
The Master Plan identifies lands in
the District ' s planning area or area of
potential interest, which is essentially
the sparsely developed baylands and the
foothills where the Di rict would be
acquiring and managing open space land,
generally outside eit ' es-and urban
service areas of th e cities .
4-4-T L-S Rff Cf—i
Ilk 644 A5OS
} L�
10
�I i
A�. . _ ... ., _....�....,..�.. ....n...w.,.a-........ .y._ r......_w.... ....... ._:.. . �..._...........1....s.._. �..r.^v..l... ... ._..�..r......... �J..ar:J..�.r._s. .....a.,y.ss,.�..'._-�.�.........`z-.`...�ti.....
I
III. THE BROWN ACT
s _
The Midpeninsula Regional Open Space
1
From District being a public agency, must
( comply with the Brown Act, which requires
y that all of its meetings , with certain
exceptions , be open to the public .
Discussions about negotiations for the
purchase of property can be discussed by
6L� C" the District Board and its staff at
closed sessions , to which the public is
VA+0 not admitted, provided public notice
ennauneement is made prior to the closed
f
session that certain designated
C�tSUtSS�CS�s properties will may be discussed at the
closed session.
The Open Space District tries to
operate on a free market basis , by
encouraging owners who are interested in
selling their property to consider
selling to the District . In situations
involving private owners , the question of
maintaining privacy can be vitally
important to the owners .
Let us say that an owner is
interested in selling his property to the
District, but that the owner does not
nn �W want this fact known to the public, or
15Mf---4 66t 10(-L that the owner does not want the fact the
a USr�C� �&U L property is even for sale to be made
public . Under such circuiastances , the
kJAS IT District feels it must honor the owner ' s
need for privacy. The District, hew
�'J therefore , cannot usually identify in
_ Sr ,�� advance to the public specific private
r lands it would like to purchase or can
SO:
AT afford to purchase in any given year .
' nuC, E /I � r The availability of specific properties ,
1, 1f� their location, price and relationship to
the District ' s budget and planning
priorities interact to limit the number
of properties that the District can
afford to consider for acquisition. By
r.. contrast, a public works agency involved
in a road construction project would be
able to provide well-defined route maps ,
clearly and publicly establishing the
need to acquire specific properties .
22
i
.rWw.�ww........,.r�.,.w ,.�.e..�.....1.�.r,w..v.L.w....up,.ac •eM•lin,n- _` "`.�:Yr..dK Yr^.Y.Y'.e�-..�Y...nr..k..�..., i.a..�w.r. a_-_- - wu.r. .. ..The District has prepared a list of
parcels that might be discussed, with
specific criteria so that owners within
the District planning area will know
whether or not their properties meet
those criteria. The list consists of
properties that are larger than 20 acres
r in size within the District ' s planning
area, essentially the sparsely developed
Grf baylands and the foothills where the
District would be acquiring and managing
open space land, generally outside cities
and urban service areas of the cities.
Although only a small percentage of the
properties may be discussed in one year,
the list is updated annually and adopted
W UvLO A at during the third calendar quarter (July-
September) .
OFFS LIST The fact that a property is on the
list does not in any way indicate that
the District is interested in purchasing
the property. It simply means that the
property could possibly be discussed by
the district Board and staff during a
closed meeting.
The basis of the information for
compiling the list is the Assessor' s
records, which are updated annually. If
there are properties that are not on the
list , they could not be discussed in
closed session by the Board unless
announced publicly before the meeting.
There are procedures for removal
from the list of owner-occupied parcels
of 50 acres or less . If left on the
list , such parcels could be removed on
request by the owner, or the District
could agree to privately notify the owner
at the owner ' s request by being placed on
a notification list . The complete text
of the Brown Act notification policy is
available from the District office .
I
23
u _
IV. THE POTENTIAL USE OF EMINENT
DOMAIN AND ARBITRATION
A. Eminent Domain
Under specific circumstances ,
government agencies such as the District
have the right to purchase property, at
fair market price, privately owned land $ 3
for the benefit of the public through a
legal process known as eminent domain
sometimes referred to as "condemnation"
fw`A y SJVJ 41%eol of land. In an eminent domain
proceeding, the objective is to achieve a
l- fair, negotiated settlement for all
1; St r parties in lieu of actual court
proceedings . However, the Board has
adopted very restrictive policies on its
power to use eminent domain, so that it
is reserved only as a last-resort or
emergency procedure .
A.Q
It has always been, and continues to
be, the District ' s goal to achieve a
negotiated purchase of open space lands .
The intention of the District is to seek
• / an amicable agreement to buy property
N from a willing seller.
u r The District ' s main acquisition
LJ.AA 4S & interests are in large, undeveloped or
sparsely developed parcels of land.
Since it the District is not interested
Garr in buying all parcels of land with
�W expens ' e houses or other development,
own s living on their home sites should
assured that the District has no
intention of displacing
p g them from their
homes .
The District does not want to use
eminent domain as a means of purchasing
land unless the property concerned is an
10 S open space parcel of critical importance nee✓
or is under some dire emergency, such as
01C3D
24
�� ! va6�
There are five instances in which
the District might consider the use of
eminent domain: 1) when the unimproved
portion of subdividable property is
threatened by development or degradation;
2) when undeveloped property is
threatened by development or degradation;
3) when improved or unimproved property
�p�� Q is owned by institutional or commercial
AAJ Jv' entities; 4) when the District
establishes the requirement to use an
GoJ� existing road for patrol and maintenance
purposes ; or 5) under strict criteria ,
when the District finds it necessary to
provide a narrow trail connection between
two publicly-owned park or open space
parcels .
Because every situation is unique,
however, property owners are asked to
contact the District ' s staff to answer
any questions owners may have regarding
eminent domain or any other policy or
procedure which may affect their
property . The full policy text is
available from the District office .
B. Arbitration
If the parties concerned cannot
agree on the price of a property, binding
L,oP6 arbitration is an option that may be
w� considered instead of filing eminent
domain proceedings , which can be time
consuming and expensive . Arbitration. can
�isln„QMS also be used as an alternative to court
proceedings even after the formal eminent
domain process has begun .
In an arbitration case, three
experts (ordinarily appraisers) sit as a
panel to determine air market value
based upon the pre entation by each of
the parties . Eac party would designate
one panel member and those two
arbitrators wou d choose a third. The
decision of th panel would be final and
binding subje t to state law.
�a n �
26
i
i
I
.. . :. <:__.....a._.._.�..... ..,..,+,r.w,-...a.,..bw.:..tTx:,....,«..d.-..fi.,.._..:a...... ..... ...a.,..:i.r i. ..�,:�.w �..-., .,«,:...... ._.....:a n'a..,,.;r..d w ......,.,.,.s.....w ate.....x....-7 .rvws'�..�•
V. THE DISTRICT ' S LAND PLANNING PROCESS :
HOW THE PUBLIC CAN BECOME INVOLVED
A. The District ' s Free Publications G '
The District provides public r - ��
information about its land planning and ('
acquisition processes in a variety of
ways .
Please call the District office to
be placed on the mailing list to receive
specific free publications , including a
visitor ' s guide to the open space
preserves , annual report, maps , and/or a
current schedule of guided nature hikes
and walks on the open space preserves.
Please let us know your special
interests . An order form is on page 30 .
B . Board Agenda Mailings
The District also makes available,
at nominal cost, annual subscriptions to
agendas , minutes and documentation for
all meetings of the Board of Directors .
An order_ form is on page 30 . For those
wishing to know in advance what the
agenda items will be, including
prospective land acquisitions , a
subscription to the Agenda mailing is
recommended.
A subscription to the Agenda and
Minutes mailing is recommended for those
who wish to receive agendas , as well as
to be informed of Board and public
discussion.
A comprehensive mailing, called the
Full Packet , includes documentation,
special staff reports , maps , written
correspondence to the District and other
materials which are prepared for the
Board meetings .
27
F. Financial Support
An increasing number of "Friends of
Open Space" contributors are making it
possible for the District to undertake
15 A U special projects not funded through tax
revenues . Also, more visitors who live
v�� � outside the District ' s boundaries are now
A II {�� contributing substantially to the
n "p #0&' District .
The District welcomes private
IW donations in all amounts , whatever an
r. ' 7 individual considers appropriate. The
►� y1"� l�i� District is grateful for all private
donations , whether the amount is
restricted for a specific purpose , such
as land acquisition, or whether it is a
general donation . Contributions are tax-
deductible.
G. Call or Write to the District
The District ' s policies and its
procedures are a direct result of working
with individual members of the public .
W 11v We would like very much to know how
you feel about specific issues . We ' ll
never know unless you tell us , and the
best way to do that is to call us or
write us a letter.
Midpeninsula Regional Open Space District
�n5ist�� Old Mill Office Center, Suite C-135
( , 201 San Antonio Circle
`'� f¢f. Mountain View, CA 94040
(415) 949-5500
U
LL_ 1461-0
u
d
29
VI. FOR FURTHER INFORMATION
�1 1 . Please contact me personally with
more information about the Dis-
trict ' s acquisition procedures . My
n�� LfL phone number is :
W J� 2 . Please send me a free visitor ' s
guide to the Open Space Preserves.
3 . Please place me on your mailing list
to receive the free publications ¢
about District activities . 0
-� IJ 4 . Please send me current subscription
information for Board Agenda,
Minutes and Full Packet mailings.
,,n 5. I would like to support the work of
S ✓" n the Open Space District . My
donation for $ is enclosed.
I would like to receive more
information regarding:
A Lis ,— P .2 1 ret
My na d addresss�:^^��
12pk i'�
4 312� . 'S SI49
LZ M o
s, nCA
LAB 88
Please mail this form to:
Midpeninsula Regional Open Space District
201 San Antonio Circle, Suite C-135
Mountain View, CA 94040
30
The District is developing a more formal Good Neighbor
alicy. This will address further ways that we can improve our
communication with existing residents within our planning area,
-�rDln and improve our ability to solve problems relating to public use .
k�u any ideas you might wish to share with us on this subject will be
appreciated.
If you have any questions about the District ' s lend
acquisition policies , please telephone the District office at the
j number shown in this letterhead.
Sincerely yours ,
i
� I
Kay Duffy
j President
I
4
_l
r E
DRAFTED ACCORDING TO
COMMITTEE REQUEST
APRIL 21 TO USE
PARTS OF LETTERS 1 ,
2 , AND 3 .
LETTER DRAFT TEXT !
(Version No. 4)
Name of Landowner
Street Address
City, State, Zip
Dear
We are sending you the enclosed publications because you own
Frer+� property within the planning area of the Midpeninsula Regional
Open Space District. The District is a property-tax supported
# '> public agency which purchases land for open space and public
recreational use . Currently, the District provides recreational
opportunities available to the public free of charge at 26 open
space preserves .
Since the District is a public agency, it must comply with
the Brown Act, which requires that meetings , with certain
exceptions , be open to the public . Discussions about
negotiations for the purchase of property can be discussed by the
District Board and its staff at closed sessions , to which the
public is not admitted, provided public notice is made prior to
1 the closed session that certain designated properties may be
discussed at the closed session.
The District has therefore prepared and adopted at a public
meeting, a list of properties within the District which may
�roM possibly be discussed by the District Board and staff at a closed
meeting. The list is quite lengthy, and includes all properties
; within the District planning area of 20 acres or more. Your
property is therefore on the list.
The fact that your property is on this list does not mean
that the District is interested in purchasing your property. It
simply means that your property could possibly be discussed by
! the District Board and staff at a closed meeting. Owner-occupied
properties of 50 acres or less can be removed from the list upon
the written request of the owner.
We are enclosing a brochure which explains the land
acquisition policies of the District . This includes limitations
on the use by the District of its power of eminent domain. This
power is used only in rare situations after all attempts at
voluntar negotiation have failed. Most of the land we have
acquire has been the result of negotiation with willing sellers .
►�- you Cq•r 7- G wr- l� .. .
LETTER DRAFT TEXT
(Version No. 5) *
Name of Landowner
Street Address
City, State, Zip
Dear
The Midpeninsula Regional Open Space District was established in
1972 as a tax supported public agency. The mission of the
District is to acquire and manage scenic and recreational lands
in the foothills and baylands of Santa Clara and San Mateo
Counties for the preservation of the natural environment and for
the enjoyment of the public.
The District is sending you the enclosed publications because you
own property within the area of interest of the District. The
brochure, Land Acquisition Policies and Procedures , was prepared
in response to inquiries from property owners , who should find
these sections of particular interest: The Brown Act; How the
District Acquires Property; and The Potential Use of Eminent
Domain (commonly known as condemnation) . The brochure, Open
Space Preserves, describes free recreational opportunities
provided on District lands .
As the current President of the Board of Directors of the
District, I recommend that you take time to read these brochures
and keep them for future reference.
The Board of Directors and the Staff of the District are working
to develop a "Go Neighbor Policy, " and we invite you to attend
our meetings which are held on the second and fourth Wednesday of
each month at 7 :30 p.m. at the District office.
Sincerely yours,
Kay Duffy 017
President
*Staff edited copy of original written by Beez Jones
V
I I _-
y.».
clmmw
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: F.Y.I .
DATE: June 3 , 1988
I
- ' = 71. 115 S .e ice.
0
._ �zs "4+'e3+ -1- } �,. - Kam': -cam•.�.�.:.
NO 0-
Co
_f
In the past"six decades, the state Legislature has proposed
and the voters have approved the issuance of,$ billion in
general.obligation bonds.earmarked for parks,
'open space`
and conservatiom-The Iast of the-proceeds from these past,
bondissues is expected to be appropriated in the 1988 state
budget,.-.-,,
Now,-in Proposition.70 at the June 7 election,voters will..
=. be asked to consider the first such bond act placed on the
California ballot through the initiative process since early in
this century.It is,in our view,far-too ambitious and too
expensive:
This one measure aIone, calling for$776 million in bonds,
would increase the overall 60-year total of such bonds by -
almost 50 percent. Repaying the Prop. 70 bonds over a 20-year
-period is expected to cost$1.4 billion in current dollars.
This ballot measure calls for$351 million for-local park
and open space acquisition;$154 million for purchasing state: -
parklands;$148 million for buying land to.protect wildlife and
improve fish habitats;$83 million to restore coastal areas and
improve public access to the coast; and$40 million to buy land
in the Santa-Monica mountains and to plant trees in urban
areas
Supporters of the proposition say all these actions are
needed now because the state's population is soaring; .
Opponents argue,and weagreej-that the measure is far too
heavily weighted toward acquisition of new lands(73-percent)
with not enough attention (27 percent of the funds) to ;
development-and restoration of existing parklands and "-
opening them to public use
This measure should be substantially scaled down,.in our
opinion,before-irmerits=approval..We recommend a"No"vote
on Prop_70 o 'June 7.
I
-Ae
zz
TOM CANTOS FOREIGN AFFAIRS
COMMITTEE
CALIFORNIA
7—"1. SUBCOMMITTEE ON ARMS CONTROL,INTERNATIONAL
SECURITY AND SCIENCE
WASHINGTON OFFICE: SUBCOMMITTEE ON EUROPE AND THE MIDDLE EAST
1707 LONGWORTH BUILDING 41q4 SUBCOMMITTEE ON HUMAN RIGHTS AND
WASHINGTON,D.C.20515 INTERNATIONAL ORGANIZATIONS
(202)225-3531 Lim,
GOVERNMENT OPERATIONS
DISTRICT OFFICE COMMITTEE
520 EL CAMINO REAL CHAIRMAN,SUBCOMMITTEE ON EMPLOYMENT
SUITE 800 AND HOUSING
SAN MATEO,CALIFORNIA 94402 Tangreos of the Unifteb 11-1—i5tates SELECT COMMITTEE
015)342-0300 Itl ON AGING
BRANCH OFFICES IN BELMONT, 21vuse of iRepretientaflues SUBCOMMITTEE ON HOUSING AND
CONSUMER INTERESTS
BRISBANE, BURLINGAME,
DALY CITY,EAST PALO ALTO, 1Vas*"tMU'D SUBCOMMITTEE ON HUMAN SERVICES
FOSTER CITY,HALF MOON BAY, CHAIRMAN,PERMANENT UNIT ED STATES
MENLO PARK,MILLBRAE. PACIFICA, CONGRESSIONAL DELFGAI ION TO THE
REDWOOD CITY,SAN BRUNO AND EUROPEAN PARLIAMENT
SOUTH SAN FRANCISCO C'O CHAIRMAN,CONGRESSIONAL
HUMAN RIGHTS CAUCUS
Mr. Herbert Grench
Old Mill Office Center,Bldg C 135
201 San Antonio Circle
Mountain View, California 94040
Dear Mr. Grench:
Thank you for contacting me regarding H.R.4127, the American
Heritage Trust Act. I am happy that you support my cosponsorship
of this bill.
The proposed Trust would be comprised of the existing Land
and Water Conservation Fund and the Historic Preservation Fund.
By making these funds interest-bearing trusts, we can provide
federal, state and local governments the resources they need to
acquire open spaces before they are lost and preserve our
dwindling wilderness, wildlife and recreational areas. These
include great parks and wilderness areas such as Yellowstone and
Yosemite as well as urban parks and recreational facilities such
as pools, marinas and ball fields.
As with the L.W.C.F. and H.P.F. , the American Heritage Trust
Fund would allow a portion of the revenues generated by depleting
our non-renewable offshore oil and gas resources to be invested
in permanent assets for future generations. H.R.4127 would put
these revenues to work in interest-generating accounts. The
principal would never be spent, but the interest would be
appropriated every year. In the near future the flow of revenues
into the Trust would stop, and the Trust would be self-
perpetuating. By investing wisely now, we can endow a continuing
legacy in our natural and cultural history.
Thank you for contacting me concerning this important
legislation. Please continue to let me know your thoughts on
other important issues.
Cordially,
Tom Lantos
Member of Congress
CLAIMS No. 88-11
Meeting 88-13
MIDPENIN� A REGIONAL OPEN SPACE DIS...RICT Date: June 80, 1988
REVISED
C L A I M S
w A=nount Name Description
1407 993.43 AmeriGas Field Equipment
1 1408 5,300.00 Aris Helicopters Ltd. Flume Removal
1409 175.51 Barron Park Supply, Inc. Fire Tank Equipment
1410 600.00 Dick Beltran Excavating Moved Trailer from Marden Property
1411 7,888.04 Birnie Lumber & Fence Company Fence Posts
1412 133.60 James Boland Reimbursement--Film and Photographs
1413 7,400.00 Louis Bordi Road Grading and Discing
1414 1 ,995.00 Brauer Grading Road Grading
1415 139.64 State of California/General : Services Service Fee for Vehicle Purchase
1416 425.09 Compu-Tech Systems Trail/Road Counter and Accessories
1417 58.32 Contemporary Engraving Company Nameplates and Pins
1418 30.00 County Park & Recreation Association Annual Dues
1419 112.48 Discount Office Supply Office Supplies
1420 165.00 Educational Seminars Institute, Ltd. Seminar--tl. .Hale
1421 926.94 John Escobar Reimbursement--Fire Training--J.Escobrr,'
• D.Sanguinetti , R.Gabrielson, G.Grimi
and M.Ken, and Field Equipment
1422 35.00 Jean Fiddes Reimbursement--Seminar
1423 30.04 Walter Goggin Private Vehicle Expense
1424 272.56 Herbert Grench Reimbursement--Conference Expense
1425 183.20 Mary Gundert Reimbursement--Conference Expense
1426 49.00 Harvard Business Review Subscription
1427 155.72 Honeywell Protection Services Burglar Alarm
1428 145. 15 Hubbard & Johnson Field Supplies
1429 69.05 Lab Safety Supply Equipment Part
1430 25.00 Lauren Langford Typesetting for Brochures
1431 870.73 Lawrence Tire Service Tires
1432 25.60 Los Altos Garbage Company Dumpster Rental
1433 82.62 Marin Supply Company Field Supplies
1434 778.95 Robert McKibbi:n Reimbursement--Conference Expense
1435 117.70 Micro Accounting Solutions Computer Software
1436 238.31 Minton's Lumber & Supply Field Supplies
1437 81 .06 Mobil Oil Company Fuel
1438 49.80 Joyce Nicholas Reimbursement--Photographs and Supplies
1439 101 .81 Norney's of Mountain View Computer and Office Supplies
1440 67. 15 Northern Hydraulics Vehicle Equipment
Meeting 88-13
Date: June 8, 1988
REVISED
# Amount Name Description
` 1441 1 $1015.30 Pacific Telephone Telephone Service
'1442 691 .04 Pacific Gas s Electric Company Utilities
1443 973.70 Peninsula Oil Company Fuel
1444 74.55 Port-O-Let Sanitation Services
1445 942.21 Pine Cone Lumber Company, Inc. Railroad Ties & Lumber for Retaining
Wall
_1446 33.56 Rancho Hardware Field Supplies
Y`1447 3$•97 Redwood Office Products Office Supplies
i '1448 1 , 162.50 Redwood Products Grading--Lonq- Ridge Preserve
`1449 170.40 Roberts & Brune Company Hydrant for Water Tank
.1450 611,93 Jane Saltman Planning Services
" 1451 33-73 Scotts Valley Sprinkler & Pipe Supply Parts for Water System
m 1452 4,680.00 E. R. Sheehan Equipment Rental & Consulting Services
1453 1 , 155.61 John Shelton, Inc. Galvanized Culverts
1454 338.28 Signs of the Times Signs
t455 116.78 Skyline County Water District Water Service
1456 135.00 Sonoma State University Academic Historical . Records Search for State
Foundation, Inc Grant
1457 6,820.00 Jim Symanski Pipe Gates
1458 6,500.00 Tejima and Associates, Inc. Soil Engineering Services
1459 1 ,500.00 The Trail Center Design, Layout and Construction of
Trail--Pulgas Ridge Open Space
Preserve North Canyon Trail
1460 151 .60 Unocal Fuel
1461 92.93 Sandy Voorhees Private Vehicle Expense
1462 3,047.41 Yardbird Equipment Sales Field Equipment and Repairs
1463 187.91 Petty Cash Out-of-Town Meeting Expense, Meal
Conferences, Field and Office Supplies,
and Postage