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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 o :�)` fir/� �, `��i _ ;.G� ,.�,' •'�' -may'\, •��•1� i t � .� /�. :r•. 4 � yo sh�hy ' =�aono.•wu � 4a rEw,yy �` :� '�.i.� n /r/ '1+-�. r 1' \ � / --• 4 0• 6"r+,r oN 77 1 7 a. �` S• ! t� i t. :� :. •i•,,,�.� t irji .-\ (^ e ' '" 3.3 yo, F .i '•ti / 0 r� �. /, ! L) Ur .!!/ /�-r ter `7 l .�7 j �3lus t �.-- a,� Town ❑ti pro-j@rty +, fit. %may' ` r-_-�- l�/ 1 { ��' _ t�<:ernw rDv _u, / 'J �`:y (t• �� � � `�V{'�•1\.� :.� �:^, '' war`e rr secn.r. -��:/�...~��/� y�r� ��O�10YItt'`iTH�.?1 O /)���-\ .`l ���r �i�`�•�( Fo >.. PAe .f,,D� '•�, 3.7 v•,� - LOS GATOS CREEKAldvcmtt CAemeMeta Park i e: °•a�. Bws a :c .,.Vw,.vu., s�f �� "� ~•_�� j r'� '-•� (r ` � ` •` � �Et Baton / _ � \ 4uarti € 4.7 . S phs t W a.�. �.,," � .rl/�'�Y•�tr-�:..�`/2ss� jY�'�r- r -��--�� � i a My�i.tc� 41 01 IN f �e v/f\thi"� �(J �''` "-' l�t�J �` � ��� '�.. .--' �•�`' ���� r i r �'. -1 ----- / ` C� f �� ^ `�C✓�� ^JJ �1,; '�,\� oo� - � r���r / r//_ L.i- '\.ram-,` � � �. � .✓. ,�G,�� /,..�� 1.,--=•;\J7 LIMEKILN k=\kQl,CANYON AREA - :�-{/�/�,;% ,.ti '':�J;1` (�/ �,h L i / �'--\.lam--'_1,��'��• ��"r ��\_ /�', - r•./_ .L.-.r✓-^'�,, : i000J` i6s-s1 �• >_ / �'' i �ij /�•���,�� zo ��, ,n `\�� �� ..!^i_r%.�U� �..: ��`�,�,.1, .-��'�W^� !.t.''�'j��i�J� .� >*I- �'� J •� ��•1 i-_ 1 � �. � '�'^`\ /. ,^fv� l-�.�\�. _ham-ter-- �'.'� .;\,`�� t1 J trjIK "' - r� ~ i��f \�_ ` %-'� �` \�i��� -ti ✓fib �� \/\, �`� ;�, -'; ��' / 'y,1�l-�i,%� -L"^ -•, �._._.- ;,,1 .?.ram! �� '�. fr�-' "- �� ) ^`-�`I•� %' SODA SPRINGS MROSD r..—/,, .r'✓t.r l i�� ir,-�� \�cJ-.w\ \}� i� s `,3" :1 x _ .�7 � !�, �• 't i 1'// _ - r _. � � ' �� 7i^_✓---���. __1585t'� ' '- `�, ~... -✓ ��d:I� r�' � i `� ���� .-.7 �' ,mot" ; , -�-\� �7c \� '_`�/i� i.� -�`��.•, ��V �_\`, PROPOSED ACQUISITION -- .-•1� � Hai• \` _��. -. .%l� \i , - I "� 1 �t��• ;i v •• •li' ,h► ` j' �._' PROPOSED r8e% o_, ,_\ •� \ -- ,' POST PARCEL `—C,t oo — r N\ `1 ; _ , j y � � ��\ // T� i L.!- �11 � �/_`-✓-tip l ��� � `�1 �.. \,` r �` Tom' i `+ � /�_1 ".1 _ � -�� � ��•• '/-�'� ���\ �• \`;:7:� ' '. %' Wit' / ' i '..��/•�, -�/^ ; r�`I,� =�'r/°�:/, _7^�i- ,, �`. `•�/c c �••`�`J r� -\'�`c� is 1i��ll.F;\.- J )1� Ian `/� tr i~'\l''��•jJ" ��\ /+�- °�_. � �vL%r��� 1�\x0-ri,ar �/, \ -a{ ! y9 �-./•-,��"�f�r\ 1. f•✓ '_'� ��,' 'f �.� '�/'�1��� \7. Il,.� Prl.�. ,��h�� ��•t!e R1P.ke�� ;l-• v. �\•I �_ �.. _�. � r•.; './��y any� ••`.''. ?...�' ; '�I ti.'' !t;'�ti IP �r t� Y `,�i �1w Y 7• i S 09 •} t-,-%, s^a' ' ' �5�.��` '�'1'r�T�` t � ,r����' �sr �' 't� 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 SKYLINE BLVD. ENTRANCE' 7 ROAD MARKER SM 18 36 F„ , A ( i;• / l .,w .!' •t. �� � { is ���""*, c� � \ i ,qF•� \ ,.,�:':,� I\ _ k� .r .�. ._..tr.� ,-,.l .a,x "'�' ,f '.✓ 4j ')" : �, )){ f ;i �S\} �,�y � �'lk � i'� _� r''V � �� ��--�.�Y •ry�••r' } ,�� /�I'� �I � � � � t { �1i✓.'���i(� � .::'+.n �-.t , !, S. r 9. t f ;��� '( ( ..i e��� /. •�... ..• Iyrr .�'�', 'j-�" w/', ti, ,.;;h^�,,!:}.: ;::f`♦ <(^': i ! /';i'� ',` � s;.�. t j may` ,.,.ly}*\: t , '.) �I�' i�••�1 • •1- •.. 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F}z .Y: {•::>. .,fir ,>{t, •�.. .�i..,..kr:#•}.•{' '. �'':�°...,' rr .,:yap.;. � . .-4`^�,,. :\; .�:a; 'di: � :afixi:r:: '*, �{,`::'�.'.'';� 3:1?:'. •.}.. � W.M. � 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