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HomeMy Public PortalAbout19880810 - Agendas Packet - Board of Directors (BOD) - 88-18 Meeting 88-18 0 Ow 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 August 10, 1988 A G E N D A Mountain View, CA (7:30) * ROLL CALL APPROVAL OF MINUTES (July 27 , 1988) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS (7:45) 1. Action Plan Program Evaluation for 1987-1988 Fiscal Year -- H. Grench (8 :10) 2. Final Adoption of the Preliminary Use and Management Plan for the McNamara Property Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area -- D. Hansen (8:15) 3. Final Adoption of the Amended Preliminary Use and Management Plan for the Stanford Property Addition to the Russian Ridge Open Space Preserve - D. Hansen (8 :20) 4. Proposed Brennan Property Addition to Sierra Azul Open Space Preserve - Mt. Umunhum Area -- C. Britton Resolution Authorizing Acceptance of Real Property Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Brennan et al. ) (8 :30) 5. California Wildlife, Coastal, and Park Land Conservation Act of 1988 Grant Application -- H. Grench Resolution Approving the Application for Grant Funds Under pp g Pp the California Wildlife, Coastal , and Park Land Conservation Act of 1988 for the Following Projects: Acquisition of Land Between Property Managed by the District and Castle Rock State Park and Portola State Park; Expansion of Rancho San Antonio Open Space Preserve; Expansion of Sierra Azul Open Space Preserve; Expansion of El Sereno Open Space Preserve; Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop Expansion of El Corte de Madera Creek Open Space Preserve; Expansion of Windy Hill Open Space Preserve; and Acquisition of Teague Hill Open Space Preserve (8 :35) 6. Open Space Management Budget Policies -- H. Grench (8:55) INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *NOTE: 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 appr eciates. 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 The Budget Committee will meet at Noon on August 9 at the District office to discuss the budgeting process. The public is invited to attend. Call the District office to confirm date and time. Al 41 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW CALIFORNIA 94040 Meeting 8 8-17 (415)949-5500 REGULAR MEETING BOARD OF DIRECTORS JULY 27 , 1988 MINUTES I. ROLL CALL Vice-President Gerry Andeen called the meeting to order at 7:32 P.M. Members Present: Richard Bishop, Robert McKibbin, Edward Shelley, and Gerry Andeen. Katherine Duffy arrived at 8 :15 P.M. Members Absent: Nonette Hanko and Teena Henshaw. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , Mary Hale, Walter Goggin, Del Woods, James Boland, Mary Gundert, and Emma Johnson. II. APPROVAL OF MINUTES The approval of the minutes of July 13, 1988 was deferred until the arrival of K. Duffy. III. WRITTEN COMMUNICATION E. Johnson stated that the Board had received the following written communication: 1 . A letter, dated July 11, 1988 , from Elly Hess, 2411 Graceland Avenue, San Carlos urging the District to establish a bicycle policy. She also sent the bicycle regulations from Mount Tamalpias Watershed. E. Johnson noted that a draft rely to Ms . Hess was attached to her letter. G. Andeen, with the Board' s concurrence, directed that the draft reply be sent to Ms . Hess. R. Bishop asked that D. Hansen give an informational report to the Board at its August 24 meeting regarding the present District bicycle policies and the status of formulating any new policies. IV. ORAL COMMUNICATIONS Ms . Deberah Bringelson from Senator Rebecca Morgan' s office said that Senator Morgan will be available to accept the photograph from the District after the close of the Legislature. H. Grench welcomed Ms. Bringelson and said that Senator Morgan, as a sponsor of the legisla- tion for a State budget allocation for the whole access tunnel, was very helpful and that the District appreciated her assistance. He said. that the District will make personal presentations to the various legislators who helped the District secure the budget allocation. Meeting 88-17 Page two V. ADOPTION OF AGENDA G. Andeen stated that the agenda was adopted by Board consensus. VI . BOARD BUSINESS A. Appreciation of Legislative Support for Whole Access Underpass to Skyline Ridge Open Space Preserve (Report R-_8.8-84 of July 18, T 1988 H. Grench reported that the governor had signed the budget bill allocating money for the whole access tunnel and that the project had had much support, including the sponsorship of the allocation by Senator Rebecca Morgan and Assembly Member William Duplissea. He said that letters and plaques would also be presented to Assembly Members Sher, Quackenbush, and Vasconcellos and Senator Alquist for their invaluable help in the endeavor. Motion: E. Shelley moved that the Board adopt Resolution 88-28, a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District in Appreciation to Senator Rebecca Morgan for Her Sponsorship of a State Budget Allocation to Construct Whole Access Tunnel for Skyline Ridge Open Space Preserve. R. Bishop seconded the motion. The motion passed 4 to 0. Motion: E. Shelley moved that the Board adopt Resolution 88-29, a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District in Appreciation to Assembly Member William Duplissea for His Sponsorship of a State Budget Allocation to Construct Whole Access Tunnel for Skyline Ridge Open Space Preserve. R. Bishop seconded the motion. The motion passed 4 to 0. Motion: E. Shelley moved that the Board authorize the President to sign letters of appreciation to legislators Morgan, Duplissea, Sher, Quackenbush, Vasconcellos and Alquist. R. Bishop seconded the motion. The motion passed 4 to 0. B. Final Adoption of the Preliminary Use and Management Plan for the Harris Property Addition to the Fremont Older Open Space Preserve (Report R-88-85 of July 18 , 1988) D. Hansen reported that the Preliminary Use and Management Plan tentatively adopted by the Board on May 25, 1988 should be amended to include construction of a fuel break, seeding of graded areas, and installation of District fencing along the new property line of the Preserve. P Y Motion: E. Shelley moved that the Board adopt the revised Preliminary Use and Management t Plan for the Harris property addition to the Fremont Older Op en Space Preserve. R. McKibbin seconded the motion. The motion passed 4 ,to 0. Motion: E. Shelley moved that the Board name the property as an addition to the Fremont Older Open Space Preserve, and indicate its intention to dedicate the property as public open space. R. McKibbin seconded the motion. The tion passed 4 to 0. Me6ting 88-17 Page three C. Proposed Stanford Property Addition to the Russian Ridge Open Space Preserve and Final Adoption of the Preliminary Use and Management Plan (Report R-88-86 of July 19,- 1988) C. Britton noted that the Board had previously adopted a Resolu- tion of Public Necessity to acquire the 145-acre property. He said that through continued negotiations with the owners, a settlement had been reached and that the purchase price of $815, 000 may qualify for Proposition 70 funding. D. Hansen said that staff had evaluated the condition of the house and was now recommending demolition because of its poor condition. D. Woods showed slides of the deterioration of the house and the abandoned vehicles in the surrounding area. D. Hansen said that staff recommended that the Preliminary Use and Management Plan be amended to include the removal of the abandoned vehicles and residence on the property and the stabili- zing of the road leading to the house area. E. Shelley proposed that the final adoption of the Preliminary Use and Management Plan be delayed until the next Board meeting to give the public an opportunity to respond to the change in the proposed Preliminary Use and Management Plan relating to the demolition of the house. Motion: R. Bishop moved that the Board adopt Resolution 88-30, a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Authorizing Accep- tance of Purchase Agreement, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Lands of Stanford et al. ) E. Shelley seconded the motion. The motion passed 4 to 0. Motion: R. Bishop moved that the Board tentatively adopt the amended Preliminary Use and Management Plan, including naming the property as an addition to Russian Ridge Open Space Preserve, and indicate its intention to dedicate the property as public open space. E. Shelley seconded the motion. The motion passed 4 to 0. Since only four Board members were present at this point in the meeting, C. Britton requested the Board defer consideration of the proposed Block Bros . addition to Teague Hill Open Space Preserve until Director Duffy was present. D. Exchange of Portion of Former Bullis Property for Lands of Bach Addition to Coal Creek Open Space Preserve and Final Adoption of Preliminary Use and Management Plan (Report R-88-88 of July 18, 1988) C. Britton reported that the Board had previously approved the exchange of a long term interest in the 12 acre developed portion of the former Bullis property for the 100 acre Bach property. He said that since staff was unable to close escrow on the exchange Meeting 88-17 Page four transaction as written, negotiations with Mr. Bach had to be reopened, and that an amended agreement has been reached. He outlined the changes in the amended exchange agreement, including: extension of the term to 55 years minimum and 80 years maximum; Mr. Bach to take title to the property subject to the existing $600, 000 note, secured by a deed of trust on the entire property; the land area is more accurately defined by reference to a survey map; Mr. Bach accepts the property in "as is" condition and confirms his date of possession as May 14, 1988; Mr. Bach waives all rights to future payment by District for defects; District will pay an additional $45, 000 to cover repair costs, the costs of obtaining a partial reconveyance from the former owner, less rent due the District; transaction closing date is extended to August 12, 1988 ; and cost of title and escrow will be split three ways. D. Hansen noted that the Board had previously tentatively adopted the Preliminary Use -and Management Plan, including naming . the property as an addition to Coal Creek Open Space Preserve, and indicated its intention to dedicate the property. He said that , no public comment had been received since February 24, 1988 when the Board tentatively adopted the plan. Motion: E. Shelley moved that the Board adoptResolution 88-31, a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Authorizing Accep- tance of Amendment to Agreement to Exchange Interests in the Real Property, Authorizing Officer to Execute Certificate- of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Coal Creek Open Space Preserve - Lands of Bach) . R. McKibbin seconded the motion. The motion passed 4 to 0 . Motion: E. Shelley moved that the Board adopt the Preliminary Use and Management Plan, including naming the site as an addition to Coal Creek Open Space Preserve, and indicate its intention to dedicate the property as public open space. R. McKibbin seconded the motion. The motion passed 4 to 0. E. Proposed Paulin et al. Property Addition to La Honda Creek Open Space Preserve (Report R-88-89 of July 21, 1988) Katherine Duffy arrived at 8:15 P.M. C. Britton showed the location of the proposed acquisition on the wall map, noting the areas of the two proposed in-holdings, roads, and easements. He said that the entire property is approximately 160 acres but that the sellers intend to retain two areas of the property totalling 21 . 4 acres for which the District would have the right of first refusal. He added that the Keller interest would be acquired for $405, 000 and the Paulin interest for $171,101. D. Woods showed slides of the property, noting the dense forest. He said that potent:Lal trails will -have to be carefully Meeting '88-17 Page five engineered in the steep canyons and noted that there is no good vehicle access to the property at this time. D. Hansen reported that the property is situated between La Honda Creek Open Space Preserve and Skyline Boulevard and offers a variety of attractive trail experiences and vistas not currently available. He said it will provide potential for future c'onnec- tions to Wunderlich County Park and would enhance District patrol of the area. He said that staff recommends installation of private property signs and boundary plaques, installation of a gate on Allen Road at the driveway to the homesite on Parcel III, clean-up of the site, a road agreement with the sellers, and the inclusion of the new roads into the current maintenance plan for roads on La Honda Creek Open Space Preserve. Kathy Kennedy-Miller, 16222 Skyline Boulevard, Woodside, asked how hikers would gain access to the former Dyer property and why the District is willing to give up a road easement on the boundary. C. Britton responded that the easement deadends at the property boundary and is no practical use to the District. Trail use would originate on the former Dyer property. D. Woods added that hikers could also enter from Skyline Boulevard at the northwest corner of the property. K. Kennedy-Miller asked about the location of the east to west trail and where it meets Allen Road. D. Woods responded that this trail connects the east and west canyon over the middle ridge and to Allen Road near the southeast boundary of the property. K. Duffy added that any trail projects have to be discussed and considered with the use and management of the entire preserve and that she estimates trail construction on the property would be far into the future. D. Woods added that there would be public . workshops before any trail alignments would be adopted. Motion: R. Bishop moved that the Board adopt Resolution 88-32, a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Authorizing Accep- tance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing the General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Paulin et al . - Keller Interest) . E. Shelley seconded the motion. The motion passed 5 to 0. Motion: R. Bishop moved that the Board adopt Resolution 88-33, a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Authorizing, Accep- tance of Purchase Agrement, 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 (La Honda Creek Open Space Preserve Lands of Paul et al. - Paulin Interest) . E. Shelley seconded the motion. The motion passed 5 to 0. Meeting 88-17 Page six Motion: R. Bishop moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations, tentatively name the property as an addition to the La Honda Creek Open Space Preserve, and indicate its intention to dedicate the property as public open space. E. Shelley seconded the motion. The motion passed 5 to 0. VII. APPROVAL OF MINUTES (Deferred from earlier in the meeting) July 13, 1988 Motion: K. Duffy moved that the Board approve the minutes of July 13, 1988 . R. McKibbin seconded the motion. The motion passed 5 to 0. VIII. BOARD BUSINESS (Continued) F. Proposed Block Bros . Industries Addition to Teague Hill Open Space Preserve and Final Adoption of the Preliminary Use and Management Plan (Report R-88-87 of July JZ , 1988) C. Britton reported that through continued negotiations with Block Bros. Industries the District could acquire the remaining 36. 842% interest in the 624 acre property. He said that the Willen Corporation was willing to return funds back into escrow so that the District would only have to, provide $230, 263 in cash to close the transaction for the total purchase price of - $2,763 ,150 for the Block Bros. interest. D. Hansen noted that the Board had tentatively adopted the Preliminary Use and Management Plan when the Willen Corporation's 63.158% interest was acquired and that the recommendations remain the same. R. Bishop asked that staff present an informational report to the Board when escrow closes . H. Grench said that staff has been considering the parking lot at Wunderlich County Park as a potential parking area for this area and has talked with San Mateo County Parks and Recreation staff about it. He said that a county parking lot in this area is in their master plan, but not in their 5-year capital improvement plan. He suggested that a joint grant application for the parking area may be possible using Proposition 70 funding. Motion: K. Duffy moved that the Board adopt Resolution 88-34 , a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Authorizing Acceptance of Real Property Purchase Agreement, Authorizing Officer to Execute Certificate of Accep- tance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Neces- sary or Appropriate to Closing of the Transaction (Teague Hill Open Space Preserve - Lands of Block Bros. "Industries (U.S .A. ) , Inc. ) R. McKibbin seconded the motion. The motion passed 5 to 0. Motion: K. Duffy moved that the Board adopt the Preliminary Use and Management Plan for the property, name the property Teague Hill Open Space Preserve, and withhold the ,proper from ,dedicatkon as public openrspace at this Meeting 88-17 Page seven time. R. McKibbin seconded the motion. The motion passed 5 to 0. G. Proposed Lazenby Property Addition to Sierra Azul Open Space Preserve - Mt. Umunhum Area (Report R-88-90 of July 18, 1988) H. Grench reported that the proposed acquisition involves three parcels totalling approximately 96.6 acres located along Sierra Azul Ridge between Mt. Umunhum and Loma Prieta. He said the purchase price was $125,000. W. Goggin pointed out the property on the map. D. Hansen showed slides of the property, noting the regrowth of vegetation that had been burned in the 1985 Lexington Hills fire and the cuts and scarring made by the bulldozers during the fire. He said that the property is located on a highly visible ridge and has relatively large level to gently sloping areas and is within the ridge trail corridor of the proposed Bay Area Ridge Trail. He added that use and management recommendations include private property and preserve boundary signs, and maintenance of roads for patrol. He said that the site should be designated as a conservation management unit. Motion: R. Bishop moved that the Board adopt Resolution 88-35, a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Authorizing Accep- tance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Lazenby) . E. Shelley 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, name the property as an addition to Sierra Azul Open Space Preserve - Mt. Umunhum Area, and indicate its intention to withhold the property from dedication as public open space. seconded the motion. E. Shelley the motion passed 5 to 0 . G. Andeen called a recess at 9:10 P.M. and reconvened the meeting at 9: 25 P.M. H. Adoption of Plans and Specifications for Skyline Ridge Open Space Preserve Development Project and Proposed Negative Declaration for the Project (Report R-88-93 of July 20 , 1988) D. Hansen noted that the Board previously had adopted the Master Plan and the Use and Management Plan which contained elements of the first phase of the 20-year Master Plan. He said that the District has received grant authorizations from the California Park and Recreational Facilities Act (Proposition 18) totalling $606, 000, matching funds pledged by Peninsula Open Space Trust ($44, 000) , allocations by the District ($106,700) , and funding of $150, 000 from the State budget for the Alpine Road undercrossing. He said that plans and specifications for the projects have been Meeting 88-17 Page eight completed, and once approved by the Board, must be submitted to the California Department of Parks and Recreation for approval and to San Mateo County for a development permit. D. Woods . outlined in detail the twelve individual projects in the first phase of the Master Plan, their potential impacts, and the proposed mitigation of each. He noted that the Board approved a Negative Declaration for the Skyline Ridge Master Plan in March, 1985 that was conceptual in nature since no plans were then available. He added that a second Negative Declaration had been prepared for the plans and specifications for the first phase implementation of the Master Plan and that it has been sent to the appropriate-agencies and posted on-site for thirty days. He said that no public comment has been received to date. He added that any significant change in the project will require the draft Negative Declaration to be rewritten and resubmitted to the State Clearinghouse for an additional 30-day review period prior to the Board taking any action. G. Andeen invited public comment on the plans and specifications. Kathy Kennedy-Miller requested an explanation of a negative declaration and environmental impact report and asked what would happen if San Mateo County disagreed with the negative declara- tion. D. Hansen stated that the District as the lead agency is obligated to consult with other responsible agencies and that staff has consulted with County staff for two years on this project and that County staff indicated a negative declaration was appropriate. Beez Jones, 16891 Stevens Canyon Road, Cupertino asked about the status of the Christmas Tree Farm. H. Grench replied that the farm area is leased from the District and a that a buy out is permitted under the initial agreement. B. Jones asked about the trail surface for the whole access trail. D. Woods explained that the trail will be constructed of finely crushed gravel with a bonding agent that results in a concrete-like but pervious surface. He added that staff has conducted a lengthy test on the material and it has been very successful. Kathy Kennedy-Miller expressed concern regarding the priority of funding the whole access tunnel rather than the equestrian parking lot. H. Grench explained that the tunnel was not being constructed at the cost of the parking lot since the funds for the tunnel were appropriated by a State grant specifically for that project. R. McKibbin proposed that all invasive eucalyptus trees be removed rather than a portion around the proposed Russian Ridge parking lot. E. Shelley suggested that staff be asked to investigate removing all the eucalyptus, and R. McKibbin agreed with the suggestion. R. McKibbin expressed concern about the security of the nature study center. He said that the area is notorious for nighttime activity. He also cautioned against too much screening of the parking lots so as not to lower security. D. Woods noted that the Skyline Ranger office is in close proximity to the area ,Mee Ling 88-17 Page nine mentioned by R. McKibbin and will allow for more frequent patrol. He added that the building has been designed to lessen the possibility of vandalism. Motion: E. Shelley moved that the Board adopt the Negative Declaration for the Skyline Ridge Open Space Preserve Development Project. R. McKibbin seconded the motion. The motion passed 5 to 0. Motion: E. Shelley moved that the Board approve the plans and specifications for the Skyline Ridge Open Space Preserve Development Project. R. McKibbin seconded the motion. The motion passed 5 to 0. Motion: R. Bishop moved that the Board authorize staff to proceed with the project including solicitation. of bids. R. McKibbin seconded the motion. The motion passed 5 to 0. I. Coordinated Design Program (Report R-88-91 of July 15, 1988) M. Hale reported that the proposed design program had been reviewed with Directors Bishop and Shelley. H. Grench said that staff would like to proceed with Phase II that called for further development work to prepare additional samples in the proposed design. He noted that cost for completion of Phase II is expected to be $6 , 000 and noted that funds had been budgeted. R. Bishop and E. Shelley expressed their support to proceed with the new design program, and R. McKibbin said the new design expresses more clearly what the District is. He added that T. Henshaw had expressed her support of the program to him. K. Duffy said she supports the new design that expresses the open space image. Motion: K. Duffy moved that the Board approve Phase I of the proposed coordinated design concept for the District' s printed and visual materials and authorize staff to continue with Phase II of the project. R. McKibbin seconded the motion. The motion passed 5 to 0. J. Amendment to the Sierra Azul Open Space Preserve Use and Manage- ment Plan for Removal of Structure (Report R-88-92 of July 21, 1988) Motion: K. Duffy moved that the Board amend the Preliminary Use and Management Plan for the Sierra Azul Open Space Preserve, Mt. Umunhum Area, authorizing staff to remove the former Perretta house . R. McKibbin seconded the ,motion. The motion passed 5 to 0 . Action Plan Program Evaluation for 1987-1988 Fiscal Year (Report R-88-77 of July 15..,_. 1988) Due to the lateness of the hour, the Board agreed to continue this agenda item to its next regular meeting. Meeting 88-17 Page ten . Motion: E. Shelley moved that the Board continue the agenda item to its next regular meeting. K. Duffy seconded the motion. The motion passed 5 to 0. L. Approval of Consulting Services Agreement With Foss and Asso- ciates (Rep ort R-88-81 of July 8 , 1988) H. Grench noted that G. Foss has served as the District's Personnel Consultant since 1979 and that the proposed new contract with Foss and Associates would conclude on June 30, 1988. He said that the fees of $575 for an average of ten hours of service per month and $55 per hour for special projects are nominal compared with other consultants . E. Shelley requested that future reports document fees charged by other personnel consultants. H. Grench noted that the District has paid $75 to $100 per hour for a personnel study done by another consultant. R. Bishop noted that he has been satisfied with the servicesof the consultant -and added that he has consulted with various professionals who charge $100 to $300 per hour. Motion: R. Bishop moved that the Board approve the Personnel Consulting Services Agreement with Foss and Associates ,and authorize the President to execute the document. R. McKibbin seconded the motion. The motion passed 5 to 0. M. Request for Authorization to Solicit Truck Bids (Report R-88-82 of July 19, 1988) J. Boland reported that a savings had been realized by purchasing the light-utility tKuck in the fall of 1987 . He said that staff had evaluated local and State bid purchase alternatives and recommends the local bid process to avoid the time delay asso- ,ciated with the State bid process. Motion: E. Shelley moved that the Board authorize staff to solicit competitive bids for three four-wheel drive light utility trucks and direct staff to return to the Board for authorization to award the purchase contract. R. McKibbin seconded the motion. The motion passed 5 to 0. N. Potential Acceleration of Trail Construction Schedule (Report R- 88-83 of July 12, 1988) D. Woods reported on the trail projects that were completed during the past six months , noting these have been accomplished through various resources including ranger staff, consultants, contractors , and volunteers . He zaid that increased staffing and in-house equipment operators will expedite trail building in the future. IX. INFORMATIONAL REPORTS R. Grench reported 'on the recent event held 4Y PeppIe for open Spiace Greenbelt Congress at the "'Picchetti Ranch Area. He said that atten- dance was good and that the event was considered a success. Meeting 88-17 Page eleven H. Grench noted that plans are being made for the staff and docent recognition event. The Board concurred to try to schedule the event for Wednesday, Octob,�r _19 . J. Boland reported on a small one-half acre fire at Sierra Azul Open Space Preserve which was believed to have started from an old camp- fire. He said that the California Department of Forestry extinguished the blaze. D. Woods reported on the on-going negotiations with Santa Clara County staff regarding the deterioration of Montebello Road and the use of the picchetti Ranch Area for a bypass road. He said that the road is in an active slide area and an engineering study forecasts that the road will suffer major damage in less than 10 years if corrective measures are not taken. He said that County staff has proposed a variety of options, including building another bypass road through the Preserve very near the winery buildings. Kathy Kennedy-Miller requested a copy of the list referred to in S. Norton's memo of July 11, 1988 as well as information as to when it was last updated. X. CLAIMS Motion: R. Bishop moved that the Board approve Revised Claims 88-14 . R. McKibbin seconded the motion. The motion passed 5 to 0 . XI. CLOSED SESSION H. Grench stated that it was not necessary for the Board to hold a Closed Session. XII . ADJOURNMENT The meeting was adjourned at 11:20 P.M. Emma Johnson Secretary fte_eting 88-17 DPENIN A REGIONAL OPEN SPACE Da UCT late. July 27, 19$8 h REVISED C L A I M S ;,mount Name Description 1617 463.27 Baron Welding & Iron Works Metal Rods for Retaining Walls 1618 5,494.66 Birnie Lumber and Fence Company Redwood Split Rail 1619 32.62 L. Craig Britton Reimbursement--Meal Conference 1620 400.00 Price Club Field Supplies 1621 97.39 Bruce's Skywood Gas & Towing Fuel and Repairs' 1622 144.39 California Water Service Water Service , 1623 94.06 Clarks Auto Parts Parts and Supplies 624 171 .$6 Clement Communications, Inc. Subscription 1625 61 .41 Crest Copies, Inc. Bluelines and Photocopying 1-620 196.54 Alice Cummings Reimbursement--Film and Private Vehicle Expense 1627 1 ,500.00 Deloitte Haskins & Sells Interim Audit 1628 995.00 Dillingham Associates Consulting--Skyline Ridge Parking Area 1629 42.70 Donnelly Newspapers Legal Advertisement 1630 40.00 Federal Express Corporation Express Mail 1631 20.00 Jean Fiddes Reimbursement--Seminar Registration r i, 16�,2 230,263.00 First American Title Insurance Land Purchase--Block Brothers Company 1633 171 , 101 .00 First American Title Insurance . Land Purchase--Paulin et al . Company 1£634 815,0o0.00 First American Title Insurance Land Purchase--Stanford, et a] . Company t,635 405,000.00 First American Title Insurance Land Purchase--Keller et al . Company 1c36 45,000.00 First American Title Insurance Land Purchase--Bach Company 1&37 5,452.85 First Interstate Bank Note Paying Agent. 1638 82.35 Fuchs Publications Legal Advertisement .1639 450.00 Foss & Associates Compensation Survey I . t.6 0 110.37 Herbert Grench Reimbursement--Meal Conferences 1,641 7.86 Iron Mountain Forge Sales Tax on Picnic Table 1642 529.00 McCracken, Byers & Martin Legal Services 1643 22.85 Mobil Oil Credit Corporation Fuel 211 . 18 The Office Club Office Supplies ;' 5 276.98 Orchard Supply Hardware Smoke Alarms for Ranger Residences .99.00 Padgett Thompson Seminar Registration--D. Sanguinetti �7 1 ,0-80.00 Jack Paulin Tree Service Tree Trimming 6 L.3 I tT15� Q. . Meeting No.88-17 _Date: July 27, 198E REVISED A_o I 4 Name Description l'-e8 150.00 Dennis Plank Floor Repair--Skyline A-Frame 16=9 52.32 Redwood Office Products Office Supplies 1>>30 412.94 Regal Dodge, Inc. Vehicle Repair 15? 4_50.78 Jane Saltman Planning Services IS52 83.32 San Mateo Times Newspaper Group Legal Advertisement 1653 1 ,944.19 Scribner Graphic Press, Inc. Brochure Printing 1 ,042.35 Shell Oil Company Fuel and Repairs 'T�53 $.? 7 Success Subscription 1656 81 .00 .Times Tribune Legal Advertisement 157 25 .09 Tufnut Anti-Theft Nuts for Signs vs,;a 1 ,675.62 Typothetae Typesetting 169 25,00,,:).00 Valley Title Company Land Purchase--Lazenby l' 0 41 .25 Western Governmental Research Job Announcement 1 53 1 ;?2 .62 Xerox Corporation Maintenance Agreement and Supplies 6 ' 624.13 Yardbird Equipment Sales Equipment Parts and Repairs .= 3 750.86 Your Framing Center s Gallery Framed Photographs tell, 12v.40 Darkroom Print Enlargement 16y5 184..48 Petty Cash Postage, Photo Reproduction, Meal Conferences, Conference Registration, Office Supplies and Private Vehicle Expense S R-88-94 (Meeting 88-18 August 10, 1988) ANN= MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT August 1, 1988 TO: Board of Directors FROM: C. Britton, Assistant General Manager SUBJECT: Action Plan Program Evaluation for 1987-1988 Fiscal Year Discussion: At your July 27 meeting, you continued consideration of this item to your August 10, 1988 regular meeting (refer to report R- 88-77 dated July 15, 1988) . R-88-96 (Meeting 88-18 'too. August 10, 1988) 311M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT August 1 , 1988 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; S . Marioni , Associate Open Space Planner; C . Bruins , Administrative Assistant SUBJECT: Final Adoption of the Preliminary Use and Management Plan for the McNamara Property Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area Recommendation: I recommend that you adopt the Preliminary use and Management Plan for the McNamara property addition to the Sierra Azul open Space Preserve, Mt. Umunhum Area, including the naming, as contained in report R-88-78 . I further recommend that you indicate your intention to withhold the property from dedication as public open space. Discussion: At your July 13, 1988 meeting you approved the acquisition of the 114-acre McNamara property addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area (see attached report R-88-78 of July 7 , 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, Mt . Umunhum Area, and indicated your intention to withhold the land from dedication as public open space. In accordance with your adopted Land Acquisition Notification Procedures , 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 McNamara property closed on July 29 , 1988 . Staff has received no further public comment . The purchase agreement requires the seller to remove all structures and debris on the property. The District has retained $20 , 000 in escrow to ensure that the clean-up is accomplished in an orderly and complete manner. The clean-up is to be completed on or before September 28 , 1988 , 60 days following the close of escrow. Staff has been working with the former owner on this matter and will monitor the progress of the clean-up. R-88-78 Page two 1. Property Identification Property owners: George and Carol McNamara Size: 114 .64 acres 2 . Location and Boundaries (see attached map) Regional setting: In unincorporated Santa Clara County along Sierra Azul ridge between Mt. Umunhum and Loma Prieta Road access: Loma Prieta Road (no current public access) Boundaries: Bounded by District land (former Perretta property) to the west and private property on the remaining sides Nearby public lands: Portion of Sierra Azul Open Space Preserve immediately adjacent to the northwest corner of the property Nearby landmarks: Loma Prieta approximately one mile southeast; Mt. Umunhum approximately two and one-half miles northwest of the property 3 . Topography and Hydrology Prominent topographic features: Ridge between Mt. Umunhum and Loma Prieta i Elevation range: -2240 feet near the northern boundary to 2920 feet near the southwest corner of the property Slope steepness: Very steep slopes on majority of property averaging 50 to 65 percent; level areas at southwest corner of property near Loma Prieta Road Slope exposure: North, west, and east-facing slopes Watershed: Two intermittent streams located on the more easterly portion drain into the Herbert Creek watershed 4 . Geology and Soils Seismology: San Andreas Fault Zone and the Sargeant Fault are located in Los Gatos Creek Canyon about one mile to the south Soil classification: Los Gatos-Maymen, considered highly erodible Soil stability: Moderate potential for earthquake induced landslides 5. Flora and Fauna Plant Communities: Chaparral , mixed evergreen forest, and riparian in drainages R-88-78 (Meeting 88-16 July 13, 1988) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 7 , 1988 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Woods, Principal Open Space Planner; S. Marioni , Associate Open Space Planner; C. Bruins, Administrative Assistant SUBJECT: Proposed McNamara Property Addition to Sierra Azul Open Space Preserve - Mt. Umunhum 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, 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 McNamara) ; 2. tentatively adopt the Preliminary Use and Management Plan recommen- dations contained in this report; 3 . name the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area; and 4. indicate your intention to withhold the property from dedication at this time. Introduction Two contiguous parcels of land, totalling approximately 115 acres, have been offered for sale to the Midpeninsula Regional Open Space District. The property is located along Sierra Azul ridge between Mt. Umunhum and Loma Prieta. The northwest corner of the property lies adjacent to District land (former Perretta property) . Lorna Prieta Road passes through the southwest corner of the property approximately one mile northwest of Loma Prieta. The property is significant because it contributes to the scenic backdrop of the Sierra Azul ridge and could provide an important link in the proposed Bay Area Ridge Trail . I R-88-78 Page four the lower existing dirt road across the property and then heading down the canyon to Herbert Creek. 11. Preliminary Use and Management Recommendations Signs: Install private property signs and boundary plaques Roads : Maintain for patrol Site Emphasis designation: Conservation Management Unit (CMU) Site clean-up: The current owner is to remove all structures and debris as part of the purchase agreement. The clean-up is to be completed on or before sixty (60) days following the closing of escrow, and staff will monitor progress of the clean-up. 12. Name The property should be named as an addition to Sierra Azul Open Space Preserve - Mt. Umunhum Area. 13. Dedication I recommend that you withhold the property from dedication at this time. This would allow for a trade of development rights or sale of a portion or all of the property if the District is not successful in . acquiring other necessary land in the area. �I 14 . Terms This property includes two separately developable sites: one containing approximately 37 acres that is improved with the main house and the second containing approximately 78 acres that has some of the auxiliary buildings and the bulk of the personal property. The improved homesite is valued at $70, 000 , and the 78-acre raw site is valued at $100, 000 ($1280 per acre) , which is consistent with other real estate market activity in the area. The total purchase price is $170, 000 , payable in cash at close of escrow. Since the improvements were constructed without benefit of permit, as is typical for the area, and because of the poor condition of the buildings , and the large volume of stored materials, the agreement requires removal of everything, including the buildings , from the land. Twenty thousand dollars ($20 , 000) would be retained in escrow to assure that the clean-up is accomplished in an orderly and complete manner. 15. Funding Your adopted Action Plan for the 1988-1989 fiscal year calls for acquisition emphasis to be placed on Proposition 70 projects. The 1988-1989 adopted budget includes proposed expenditures of $8 . 5 million for land acquisition, including $5. 689 million in cash outlay and $2. 811 million in notes issued. Anticipated Proposition 70 grant it R-88-78 Page three Dominant flora: Manzanita, ceanothus, toyon, baccharis , madrone, chamise, bay, knobcone pine, and Douglas fir in drainages Common fauna: Deer, coyote, bobcat, feral pig, and numerous rodents and birds 6 . Visual Qualities Viewshed: An integral part of Sierra Azul ridge Vistas: Mt. Umunhum to the northwest; Loma Prieta to the southeast; Herbert Creek watershed to the north; Mt. Hamilton to the northeast 7 . Existing Improvements Loma Prieta Road, a gravel-surfaced road, crosses the southwest corner of the property. There are also four unimproved roads of varying lengths. Three roads descend to building pads where there are a number of structures and many items of personal property. These include a house, a cabin, several trailers, a garage, storage buildings , and a 350-gallonwater tank. In addition, there are about 30 automobiles, as well as automobile parts , engines , a flat-bed truck, a bulldozer, fencing equipment, building and plumbing supplies , and other miscellaneous materials . All structures and debris will be removed by the current owner as part of the purchase agreement . 8 . Existing Use The current owner resides in the house located on the main ridge extending northeast from Loma Prieta Road. In addition, Loma Prieta Road is used by neighboring property owners to gain access to their properties., 9. Planning Considerations Political boundaries : outside District boundaries but within the District' s sphere of influence; unincorporated Santa Clara County Zoning: Hillside (requires a 20 to 160 acre minimum lot size, depending on slope) Master Plan rating: Not rated; similar areas nearby rated low for open space resource value Use and Management Plan review: Anticipate review in October, 1988 Regional plans: Within ridgeline trail corridor proposed by the Bay Area Trails Council 10. Potential Use and Management The property could provide a portion of the Bay Area Ridge Trail. There is also potential for a trail beginning on the ridge, following R-88-78 Page six " Note that another approximately $2 million in this Proposition 70 funding category would be available past this fiscal year and would potentially even be available this fiscal year for budget augmentation, if needed for qualifying projects. R--88-78 Page five receipts for this fiscal year are budgeted at $8.0 million. Overall, the District is named in Proposition 70 to receive $9 million in grants which can be encumbered over a four year period, for one or more of the following acquisition projects: 1. Acquisition of Teague Hill Open Space Preserve 2. Additions to (a) Sierra Azul Open Space Preserve (b) E1 Sereno Open Space Preserve (c) Rancho San Antonio Open Space Preserve (d) Long Ridge Open Space Preserve (e) Windy Hill Open Space Preserve The District is also named to receive $1 million for connections between District preserves and Castle Rock or Portola State Parks. Parenthetically, State administrative costs of 1 .5% for each project will reduce the net total receipts from $10 million to $9.85 million. Grants are made on a reimbursement basis after parcels are acquired. Thus, the District has to provide the initial acquisition funds through cash and/or financing, as was done for the purchase of the Willen Corporation interest in the Teague Hill Open Space Preserve. Since the District does not receive interest income on money the State holds, but does on its own deposited funds, the best financial strategy is to apply in a timely manner for reimbursements as individual parcels are acquired. The $5.689 million in cash is expected to be spent as follows: Remaining Down-Payments on Teague Hill Open Space Preserve $ 230,000 McNamara Property Addition to Sierra Azul Open Space Preserve 170,000 .Acquisitions Not Yet Approved 5, 289,000 4 Total $5, 689,000 The targeted $8 .0 in Proposition 70 net receipts would be for the following projects: Teague Hill Open Space Preserve (Estimated) $6, 402,500 N McNamara Property Addition to Sierra Azul Open Space Preserve 170,000 Parcels Not Yet Designated 1,427, 500 Total $8,000, 000 C I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MCNAMARA) 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 the offer contained in that certain Purchase Agreement between George McNamara et ux, and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference a 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 Certifi- cate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1, 000 to cover the cost of title insurance, escrow fees, survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District' s General Fund will be reimbursed in the amount of $170 , 000 from the proceeds of the next long term District note issue. A n fNSP C PR SE, C.M.U. - Conservation ManagementUnit r1 Currently no public access MT. UMUNHUM RD.(-77 'H f .`.7 i': t.=_a 1� �1}lli� 1 1:cic i,1�✓�� � li:r !! O I tN' G.� ; : �LOMA PRIETA ROAD ° Public access currently not available ' Q -, C C_.M.U. =, ML TEPROPERTIE =R YATE PROPERTIES l r�PROPOSED ADDITIONS ~,� otkI C.M.U.h f %/ \���—• ,� ✓��� __�� ,- LOMA PR I E TA R-88-97 (Meeting 88-18 August 10 , 1988) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT August 2 , 1988 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; C. Bruins , Administrative Assistant SUBJECT: Final Adoption of the Amended Preliminary Use and Management Plan for the Stanford Property Addition to the Russian Ridge Open Space Preserve . Recommendation: I recommend that you adopt the Preliminary Use and Management Plan for the Stanford property addition to the Russian Ridge Open Space Preserve, including the naming, as contained in report R-88-86 . I further recommend that you indicate your intention to dedicate the property as public open space . Discussion: At your July 27 , 1988 meeting you approved the acquisition of the 145-acre Stanford property addition to the Russian Ridge Open Space Preserve (see attached report R-88-86 of July 19 , 1988) . You also tentatively adopted the amended Preliminary Use and Management Plan for the addition, including naming the property as an addition to the Russian Ridge Open Space Preserve , and indicated your intention to dedicate the land as public open space. The amended Preliminary Use and Management Plan included the recommendation that the house located on the site be removed. Staff had originally recommended that the suitability of the residence as a possible caretaker unit or ranger residence be investigated (see report R-87-181 of December 3 , 1987) . Because of this recommendation change , you deferred final adoption of the Preliminary Use and Management Plan to your August 10 , 1988 meeting to allow for any further public comment on the structure and to allow staff time to ascertain whether the structure is historically significant. To date , staff has received no further public comment on the revised Preliminary Use and Management Plan. Staff has determined that the structure does not have any significant historical features to warrant its retention. Escrow is slated to close on this transaction on August 31, 1988 . R-88- 86 Page two The rustic wood frame house is in poor condition. It has a sinking foundation, leaking roof , dry rot, holes in the exterior siding due to boring beetles , unstable electrical power, and several windows missing. A local contractor ' s preliminary estimate to renovate the house is in the range of $30, 000 to $50, 000. An additional consideration for a restoration project of this magnitude is the time and cost associated with staff and consultants preparing restoration plans, conducting a public bid process, and overseeing the construction contract. In regard to the potential long term use of the residence, it is possible that the structure could serve as a caretaker or ranger residence. Also, a parking lot and trailhead could be developed in the area. Although there is currently no need for facilities like this, it is possible the southern portion of the preserve could someday attract large numbers of visitors. In this case, parking and a nearby ranger residence would be desirable. It is unlikely, however, that other recreational facilities such as a visitor' s center or camping area would be considered. Similar opportunities will be provided on the adjacent Skyline Ridge Open Space Preserve. If the residence is rehabilitated, it would best be utilized as a rental residence until it is needed for a caretaker or ranger residence. Assuming the structure were repaired at a cost of $50,000 , it would take over four years to recapture the expense. Because of the potential cost to renovate the structure, it seems best to remove the building and later considerconstructing a modular structure if indeed a residence in the area ever becomes necessary. The estimated cost of removing the house is $15, 000 to $20, 000. A modular home is estimated at $50, 000, based on today' s cost. If -the residence is removed, the removal should be part of the clean-up activities on the property. Approximately twenty automobiles are located around the house complex, in addition to an assortment of automobile parts and other junk. The road leading to the structure from Alpine Road is also in need of some repair. At the point that it crosses the narrow, deep channel of Mindego Creek, the road shows evidence of slipping and needs stabilization work. The Preliminary Use and Management Plan recommendations for the site should be amended to reflect these additions. Preliminary Use and Management Recommendations 3. The residence will be removed in conjunction with cleaning up the area around the house and removing the abandoned automobiles. 4. The road crossing Mindego Creek and leading to the house area will be stabilized. R-88-86 l; (Meeting 88-17 July 27, 1988) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 19, 1988 i TO: Board of Directors FROM: H. Grench, General Manager 'RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Woods, Principal Open Space Planner; �M. Gundert, Open Space Planner; C. Bruins, Administrative Assistant SUBJECT: Proposed Stanford Property Addition to the Russian Ridge Open Space Preserve and Final Adoption of the Preliminary Use and Management Plan Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or A...ppropriate to Closing of the Transaction (Russian Ridge Open Space Preserve - Lands of Stanford et al . ) . .1 further recommend that you adopt the amended Preliminary Use and Management Plan recommendations for the property, name the site as an addition to Russian Ridge Open Space Preserve, and indicate your intention to dedicate the property as public open space. Introduction: At your December 8 , 1987 meeting, you adopted a Resolution of Public Necessity for the acquisition of the 145-acre Stanford et al . property (see attached excerpts from report R-87-181 of December 3, 1987) . Staff continued to work with representatives from Stanford University and the other parties involved on this acquisition, and a negotiated settle- ment, as outlined in the attached purchase agreement, has been reached. At the December 8 meeting, you tentatively adopted the Preliminary Use and Management Plan recommendations, including naming the property as an addition to Russian Ridge Open Space Preserve, and indicated your intention to dedicate the property as public open space. An amendment to the proposed Preliminary Use and Management recommendations was adopted that pertained to investigating recreational uses such as educational or day camp activities for the residence, in addition to the suggested caretaker or resident ranger uses. Staff has received no further public comment on the acquisition. R-88-86 Page four The $5. 689 million in cash is expected to be spent as follows: Previously Approved Acquisitions this Fiscal Year $ 170, 000 Acquisitions Recommended for Approval on this Agenda (The Stanford Acquisition which is the subject of this report includes $815, 000 of this amount. ) 1,691 , 364 Remaining Cash Balance for Future Acquisitions this Fiscal Year 3, 827 , 636 Total $ 5, 689, 000 The targeted $8 million in Proposition 70 net receipts would be for the following projects : Teague Hill Open Space Preserve (Estimated) tIncludes Block Bros . Acquisition on this ,-Agenda) $ 6,402, 500 Previously Approved Acquisitions this Fiscal Year 167 , 450 Other Acquisitions Recommended for Approval on this Agenda (None) -0- Remaining Balance for Future Acquisitions to be Designated this Fiscal Year 1, 430, 050 Total $ 8 , 000, 000 Note that another approximately $2 million in this Proposition 70 funding category would be available past this fiscal year and would potentially even be available this fiscal year for budget augmentation, if needed for qualifying projects . In future acquisition Board reports, the narrative . explanation of this funding section will not be repeated; however, each report will include a funding summary on the status of budgeted acquisition funds and Proposition 70 expenditures . The Stanford property acquisition before you on this agenda may end up qualifying for Proposition 70 funding. 'R-88`86 Page- three Terms Since the time of your initial action, the District has held open the $800 , 000 settlement offer that matched the owners ' appraised value of the property. The attached purchase agreement provides for the payment of $815, 000 in cash at the close of escrow. Considering that over six months has passed since the $800, 000 settlement offer was made, the additional $15, 000 payment represents an annual interest rate of approximately 3 .75%. In addition, the District would be responsible for site clean-up, including demolition of the buildings. Title to the property would include all mineral rights that were originally proposed by the sellers f-or retention. On balance, this settlement is considered fair and reasonable by all parties. FuaAin Your adopted Action Plan for the 1988-1989 fiscal year calls for acquisition emphasis to be placed on Proposition 70 projects. The 1988- 198,9 adopted budget includes proposed expenditures of $8 .5 ,mil'lion for. land acquisition, including $5.689 million in cash outlay and $2.�811 ,million in notes issused. Anticipated Proposition 70 grant receipts for this fiscal year are budgeted at $8 .0 million. Overall , the District is named in Proposition 70 to receive $9 million in grants which can be encumbered over a four year period, for one or more of the following acquisition projects: 1 . Acquisition of Teague Hill Open Space Preserve TM2. Additions to (a) Sierra Azul Open Space Preserve (b) El Sereno Open Space Preserve (c) Rancho San Antonio Open Space Preserve (d) Windy Hill Open Space Preserve (e) El Corte de Madera Creek Open Space Preserve The District is also named to receive $1 million for connections between District presereves and Castle Rock or Portola State Parks. Paren- thetically, State administrative costs of 1 . 5% for each project will reduce the net total receipts from $10 million to $9. 85 million. .Grants are made on a reimbursement basis after parcels are acquired. 'This , the District has to provide the initial acquisition funds through cash and/or financing, as was done for the purchase of the Willen Corporation interest in the Teague Hill Open Space Preserve. Since the District does not receive interest income on money the State holds, but does on its own deposited funds, the best financial strategy is to apply in a timely manner for reimbursements as individual parcels are acquired. Excerpts from: Report R-87-181 (Meeting 87-29 December 8 , 1987) A. Description of the Site I. Size , Location and Boundaries The parcel is 145 acres in size and is located on the west side of Alpine Road approximately one mile southwest of Skyline Boulevard. District owned lands adjoin the property on three sides. Russian Ridge Open Space Preserve is located to the north and west, and Skyline Ridge Open Space Preserve is located across Alpine Road to the east. The property contains approximately one-half mile of Alpine Road frontage. Private property abuts the parcel to the south. 2. Topography, Geology, and Natural Landscape The property is comprised of a series of grassy ridges and wooded canyons . The highest point on the property is located in li the northeast corner, situated at approximately 2453 feet above sea level . From this location unobstructed views in all direc- tions of public open space and other public and private lands can be enjoyed. Spectacular views westward of Mindego Hill, the lower ridge of the Russian Ridge Open Space Preserve, and the distant coastal ridges are magnificent. The property slopes generally southwesterly to its lowest point at 1840 feet eleva- tion which is located in the Mindego Creek canyon. The soils of the property derive from Lambert shale and Mindego basalt. Those soils formed from the Lambert shale are generally more susceptible to landsliding and are found in the steeper canyon areas. The soils formed from the Mindego basalt are generally shallow and stable, tend to restrict woody vegetation, and are located on the open ridgetops . Overall, the property is rated moderately high in susceptibility to landsliding. There are two southwest facing ridge systems on the property separated by the headwaters of Mindego, Creek. Mindego, Creek is located in the center of the parcel, exiting the property through the southwestern corner. the canyons are vegetated with such tree species as madrone, oak, bay, buckeye, big leaf maple, and Douglas fir. B. Planning Considerations Located within unincorporated San Mateo County, the parcel is zoned Resource Management (RM) . County regulations governing any develop- ment in the Resource Management Zone require that it go through a three phase review process. These three stages are: 1) Preliminary Concept Plan, 2) Concept Plan, and 3) Final Development Plan. Development density in the RM Zone is determined by a Matrix Analysis of various factors (slope, soil stability, geologic hazards, etc. ) . t. slope density analysis performed by San, Mateo County Planning Department on this parcel indicates that seven building sites are ,potentially supportable , each averaging approximately 21 acres. �.... • ( ��y �� CAL T RAN S ,f -.,�� >r, ti F t,t1 J a Mrr* 1 �' ,Y�� rrcy� �N I. V l S TA POINT .�' 11 ;c''' � 1, •1 �• •� `�nv ��jy�+�J sf. jr �.�?•� �,. ,�'�r.' i r" � ''�, < `'°� \.r\, '��`\...� `\\ �� �t}.:(t���I � �� `{..+�3 J .:ti�•It:C� ;Y y}ht � J7•f � •�..+•N,.�`5\, ti': �r 1, }, r (�"'- `i • q �4•. � -`' � _ -��•,`�.• 'm .:\:;:•..•';:;. I '�.' r� ��•J; � ate - � 1 '::•:::•' 'yp:•••�• �h.•. . .,. ...•�+.. .. . , W : : ' PAGE MI L L : \ U-M }: �►, • c�p :�:r;.. :�. �. `ice;:•:::.:•.::.•: •.':.'Y••'• '• - \ ♦ `\ H. :Al �•: •:}�,' ': h::':•:y.•.. •Yip,. •:, RUSSIAN RIDGE O . S . P . : . :.•. .�` PULLOL PROPOSED ADDITION (145 ACRES) o .45. i � (•� �_- ) Ll ( _ :� \.�..��-��.�� y�:�, ,ti•• ;: � O .71tf:',�11���.1�1��,� 1 41 /z �` SKYLINE RIDGE •--.• ---••EXISTING ROADS AND TRAILS , ..as*ow,am,anPROPOSED ROADS AND TRAILS — { PORTOLA STATE �� ,p � � .; I � ,:�.. •• :;� :;�'ri•••. PARK ROAD ��' .��t. boo �•- l�1\��-� \,.. �,� MILE -� ^ D. 'Potential Use and Development Westward views from this property show off the recent Peters property addition to the Russian Ridge Open Space Preserve. As mentioned, the threat to develop 22 homesites on the ridgetop of Russian Ridge was eliminated with that acquisition. The District now has the oppor- tunity to preserve views from that ridge as open space and eliminate the potential for the construction of seven homes which would severely intrude on this unspoiled landscape. In addition to the importance of preserving viewshed integrity and the open ridges , the property plays a key role in the recreational plans for the region. Successful acquisition of this parcel will link two popular open space preserves, Skyline Ridge and Russian Ridge, and create the potential for major recreational trails utilizing the lower Peters ridge and the southwestern portion of the Skyline Ridge Open Space Preserve. The house and surrounding flattened area easily lend themselves to the potential for an informal staging area serving both preserves in this area. Staff has not closely inspected the house on the prop- erty, so a complete analysis will need to be conducted to estimate the costs of repair. Should the analysis indicate the structure is sound, it could make an ideal Ranger residence unit or caretaker residence. The flattened area next to the house site could be formalized into a parking area with relative ease. The close proximity of a District residence to such a parking area could be ideal in the management of such a facility. From this staging area the lower Peters property addition will be accessible with the construction of a trail winding down the Mindego Creek canyon to the lower Peters ridge trail. Skyline Ridge Preserve is also easily accessible from the potential staging area. A crossing at the central road junction with Alpine Road puts visitors on the driveway to the former Bullis property. Approximately 500 feet up the driveway a trail heads northward around a knoll to reach Alpine Road immediately across from the northern road entering the subject property. From here visitors will be able to hike to Russian Ridge and Borel Hill, looping back to the staging area via the planned major north-south trail from Russian ridge to the lower Peters ridge. Visitors may also return through the Skyline Ridge Open Space Preserve via Old Page Mill Road and the trail up through the former Bullis property. E. Preliminary Use and Management Recommendations 1 . Boundary plaques and wildland signs will be posted at the entrances to the property and along appropriate property boundaries . 2. A hiking stile will be installed and the existing fenceline repaired at the roadside pullout along Alpine Road. 3 . Staff will investigate the suitability of the residence as a caretaker unit or Ranger residence. The study will be conducted and recommendations for disposition of the house will be con- tained in the next Use and Management Plan for the entire site. The property lies outside the District boundary but adjacent to the boundary and within the District's Sphere of Influence. The District boundary wraps around the property to the north, east, and west. The property was not rated for suitability as open space in the original District Master Plan as it was outside the District boundary, but the adjacent section of the Russian Ridge Preserve within the boundary was rated in the highest composite category. C. Current Use and Development Three roads access the property from Alpine Road. The primary road enters the property at the southeastern corner, winding westerly approximately 300 yards before terminating at the site of a small house. A second road enters this same site several hundred feet to the north of the first road. It appears to be used minimally for access to a graded area adjacent to the house site where the current caretakers store a number of automobiles . This entrance to the property is across Alpine Road from the driveway leading to the . former Bullis property portion of the Skyline Ridge Preserve. The third road entering the property is located in the northern or upper portion of the property. After entering from Alpine Road, this road wraps around a small knoll where it then branches at a junction into four separate, well established footpaths . Two of these foot- paths go northward, eventually entering the District' s Russian Ridge Open Space Preserve and tying into the existing trail system. A third trail heads westerly along the grassy ridgetop, eventually terminating in the trees . The trail which heads to the east from this junction does so for a short distance, terminating at a fence line at a roadside pullout along Alpine Road. This entrance has been used for years by the public who either thought they were entering the Russian Ridge Open Space Preserve or simply were lured up onto the hillside to enjoy the great views. There is roadside parking for approximately four vehicles in this vicinity. Two other trails and roads on the property warrant mention. The road which follows the lower Peters property ridge acquired by the District, cuts through the southwestern corner of the prop- erty. This road is accessible from Alpine Road by District staff for patrol purposes only, as there may be insufficient rights to use this as a public entrance. The trail which forks from this road, connecting the lower ridge with Russian Ridge, also cuts through the property for a short distance. The house, located at the end of the most southerly road, is a 1930 ' s vintage, wood frame structure with two bedrooms. The developed area also contains a garage with an attached cabin. Total square footage of the structures is estimated at 1650. The house is considered to be in fair condition; however, the following problems have been identified by a real estate appraiser: 1) sinking foundation, 2) leaking roof , 3) dry rot, 4) holes in the exterior siding caused by boring beetles , and 5) unstable electrical power. There are no additional structures on the site. RESOLUTION NO. i RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTIONli (RUSSIAN RIDGE OPEN SPACE PRESERVE - LANDS OF STANFORD ET AL. ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Stanford et al . , and the Midpeninsula Regional Open Space District, a copy of :which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5000 to cover the cost of title insurance, escrow fees , survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District 's General Fund will be reimbursed in the amount of $815, 000 from the proceeds of the next long term District note issue. * * * * * * * * * * * I� fi i , I I F. Dedication I recommend that you indicate your intention to dedicate this property as public open space. G. Name I recommend that you name the property as an addition to the Russian Ridge Open Space Preserve. R-88-98 (Meeting 88-18 August 10, 1988) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT August 3, 1988 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods, Principal Open Space Planner; S. Marioni, Associate Open Space Planner; C. Bruins, Administrative Assistant SUBJECT: Proposed Brennan Property Addition to Sierra Azul Open Space Preserve - Mt. Umunhum 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, 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 Brennan et al. ) ; 2. tentatively adopt the Preliminary Use and Management Plan recommen- dations contained in this report; 3. tentatively name the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area; and 4. indicate your intention to withhold the property from dedication at this time. Introduction A 112-acre parcel of land has been offered for sale to the Midpeninsula Regional Open Space District. The property is located along Sierra Azul ridge approximately one mile southeast of Mt. Umunhum and is bordered by District land on the west. Loma Prieta Road follows the ridge and passes through the property. Excellent views of the surrounding area can be seen from the upper portions of the site. The property is significant because it contributes to the scenic backdrop of the Sierra Azul ridge and could provide valuable trail connections. R-88-98 Page two 1. Property Identification Property owners: Ralph P. Brennan, Jr. , Rita M. Leitner, and Lorraine R. Brennan Size: 112 acres 2. Location and Boundaries (see attached map) Regional setting: Within an unincorporated area of the County of Santa Clara along the Sierra Azul ridge east of Lexington Reservoir Road access: Loma Prieta Road (no current public access) Boundaries: Bounded by District land (former upper and Schofield properties) to the west and private property on the remaining sides Nearby public lands: Portions of Sierra Azul Open Space Preserve immediately adjacent to the property on the west side Nearby landmarks: Mt. Umunhum about one mile north; Lake Elsman about one mile southwest 3. Togograt>hy and Hydrology Prominent topographic features: Sierra Azul ridge between Mt. Umunhum and Loma Prieta Elevation range: 3200 feet on the ridge to 2320 feet near the northeast corner of the property Slope steepness: Steep slopes on majority of property averaging 60% or more; gentle slopes on the ridge Slope exposure: Mostly northeast-facing slopes Watershed: Upper slopes of the Herbert Creek watershed 4. Geoloay and Soils Seismology: San Andreas Fault zone and Sargent Fault, located in Los Gatos Creek Canyon about one mile to the south Soil classification: Los Gatos-Maymen type, considered highly erodible Soil stability: Moderate potential for earthquake induced landslides 5. Flora and Fauna Plant Communities: Chaparral, mixed evergreen forest, and riparian in drainages R-88-98 Page three Dominant flora: Manzanita, ceanothus, toyon, baccharis, madrone, knobcone pine, chamise, bay, and Douglas fir in drainages Common fauna: Deer, feral pig, coyote, bobcat, and numerous small rodents and birds 6. Visual Qualities Viewshed: An integral part of Sierra Azul ridge Vistas: Mt. Umunhum to the northwest; Loma Prieta to the southeast; panoramic views of Santa Clara Valley to Monterey Say 7. Existing Improvements Loma Prieta Road, an unimproved road, passes through the western portion of the property. Cattermole Road, also unimproved, connects with Loma Prieta Road in the southwestern portion of the property. It then extends in an east-west direction, passing through the site and adjacent District lands (former Schofield and Opper properties) . A gate is located on the common property line between the Brennan property and the former Schofield property. Realignment of this gate will be considered upon acquisition of the subject property. There is also an unnamed unimproved road that extends less than one- quarter of a mile southwest into neighboring properties after it intersects with Loma Prieta Road. A firebreak following the ridge was also constructed during the Lexington Hills fire of 1985. The firebreak follows the same route as the existing underground telephone lines. 8. Existina Use Neighboring property owners gain access to their properties by passing through the property on Loma Prieta Road. 9. Planning Considerations Political boundaries: Unincorporated Santa Clara County; outside District boundaries but within the District's sphere of influence Zoning: Hillside (requires a 20 to 160 acre minimum lot size, depending on slope) Master Plan rating: Not rated; similar areas nearby rated low as open space resource Use and Management Plan review: Anticipate review in October, 1988 Regional plans: Within ridge trail corridor proposed by the Bay Area Ridge Trails Council R. R-88-98 Page four � 10. Potential Use and Management e property could provide a portion of the hay Area Ridge Trail planned to extend through nine hay Area counties. There is also potential for a trail connecting the ridge with Lake Rlsman southwest of the property. 11. Preliminary Use and Management Recommendations Signs: Install private property signs and boundary plagues where appropriate. Move the existing gate on Cattermole Read to its Junction with the Mt. Umunhum-Lama Prieta Road. i Roads: Maintain for patrol Site Emphasis designation; Conservation Management Unit (CMU) 12. Name j The property should be named as an addition to Sierra Azul Open Space Preserve - Mt. Umunhum Area. 13. De4ication I recommend that you withheld the property from dedication at this time. This would allow for a trade of development rights or sale of a portion or all of the property if the District is not successful in acquiring other necessary land in the area. 14. Terms Based upon the terms and conditions of the District's standard form of purchase agreement, the full purchase price for this 112-acre parcel would be $168,000 ($1500 per acre) payable in cash at close of escrow. The District would also agree to participate in an exchange transaction. This purchase price is consistent with market activity in the area. 15. F dip_q A full explanation of this funding summary is contained in report R-88-86 dated July 19, 1988. ° The 5.689 million in cash budgeted for this fiscal year is expected $ g ys to be spent as follows. s Previously Approved Acquisitions this Fiscal Year $1, 861, 364 Brennan Property Acquisition Recommended for Approval on this Agenda 168,000 Remaining Cash Balance for Future Acquisitions this Fiscal Year 3,659,636 Total $5,689,000 h I R-88-98 Page five i i The targeted $8 million in Proposition 70 net receipts for this j fiscal year would be for the following projects (based upon 98.5% reimbursement after state overhead charges) , i Teague dill Open Space Preserve (Estimated) 6, 402, 500 Previously Approved Acquisitions this Fiscal Year 167, 450 Brennan Property Acquisition Recommended for Approval on this Agenda 165, 480 Remaining Balance for Future Acquisitions to be Designated this Fiscal Year 1,2644570 i Total $8,000,000 I I I 8 S i FRRA AZUL OPEN SPACE PRESERVE ' • � -- � \ ,�,��� �lag >�( 4 1 r : ) ��' P�11T. UMUNHUM AREA �r�„) l ( ; Jub2 � ` ` _ •t`fft >t "'t, '� rx' �j :,>.�.,., , ,-_ �^... ; -,.. } �� � SCALE 1" _ 2000' � NORTH i, ,�t `� ,J LJ ���; 1 i�i 3\s �.�� �a•••�..� � ,�., " ' r; «�, � Ls L.- 1 ,a�.U�� ;.` ----..� t f �•#° , ac"`�'.�a� ''a" M.,s;t \ u "I //J/ 'lS`:� t Oq.,-.,w._.9..a•�-,._ _r +l l`L t�, .t;,.# �• A�.?.k',�... ` Y. x?a•'�� A'.�� t r,i, ./J��, , `a ,r-•� ,. 4s � � .j1� n ya„s,4,s hYj y •i r � 1 4 _.. ��r/ ! � _ �,,l �� � �.. .:.,... x•�s.�''•.:•`�y; � ==gym �{� k � �v�..., ,`✓�. _ 1 -; � �/ :7 ter'\. .>? :.�: �� .�.l '.~,, �• i MI MT . � i�✓/-�f ��'LL �� - -� ;' ;:;:: °. ::'� /} . UMUNHUM RD ', /l� J f�� rC�. �-=1U�� '�'�_✓�-�, �' �."jlL-- i;: +►s��' � LOMA PR I ETA RQ. •s �( .-^ \'�� � � -f��-L;, J-� \ /' .i.•;`�.,< : �: � r _ /; �,�/y r( \..ter J •��!^ +',f+���_��� ����', cam`�: `� 1�,/ / sue;�s*tti. 2 ^�+ s : i 6 fr~' �'� ��0. �/�� o � 1 �-� ('1� �rPROPOSED ADDITION, ► €` 1��: (BRENNAN) MROSD ( PENDING ACQU I S I T I ON Oil- trx < _ice T \ `l~• Jam- ,{ / SPILLWAY \-�' -� �- (� � ,N ,) �- R.OMLJ1145 • � � i' '��• ���.=mil..��s1.1,'� .. .�/ ' - 22° {t �./f J �Vf�, ;MROSD DISTRICT BOUNDARY n //r-;t' �'j, ,- ~ CitA=P��1�, _ � _I__!'�-,��__��•' ...i•� s _ ,..-:�r. `� � /- � ;.�/ i(�a � 1 c � �li\;a\� h / r''h , ,,\.. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND 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 BRENNAN ET AL. ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Ralph P. Brennan, Jr. et al. , and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate f officers to execute the Agreement on behalf of the District. 1 Section Two. The President of the Board of Directors f or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. k 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. 6 Section Four. The General Manager of the District is authorized to expend up to $1000 to cover the cost of title insurance, escrow fees, survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized I that the District' s General Fund will be reimbursed in the amount of $168 , 000 from the proceeds of the next long term District note issue. I i PURCHASE AGREEMENT This Agreement is made and entered into by and between RALPH P. BRENNAN, JR. , RITA M. LEITNER and LORRAINE R. BRENNAN, hereinafter called "Seller" 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 EREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement, and WHEREAS, Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Joe Beatty Real Estate on June 10, 1988 , thereby offering said real property for sale to the general public; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes, and ,WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area, and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, 'WHEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller ' s real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred twelve (112) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel No. 562-06-007 . Said property being further described as: Lots 2, 3 and 7 of Section 20 , T. 9 . S . , R. 1 .W. , M.D.B. & M. Said property to be conveyed together with any easements , rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all i:�provements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ( "Purchase Price" ) for the Property shall be One Hundred Sixty-Eight Thousand and No/100 Dollars ($163 ,000 . 00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . Purchase Agreement - Brennan et al Page _2 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 9 herein, an escrow shall be opened at First American Title Guaranty Company, 1731 Technology Drive, Suite 175, San 0ose, CA 95110, phone number (408) 288-6191 , or other title company acceptable to District and Seller (hereinafter "Escrow Holder" ) through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terns of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before November 30, 1988, provided, however, that Seller may, in its sole discretion, in order to effect the requirements of any exchange transaction of Seller in accordance with Section 11.18 herein, require that District close escrow within fifteen (15) days written notice of such requirement from Seller to District and further provided that the parties may; by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement . (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District' s check payable to Escrow Holder in the ,amount of One Hundred Sixty-Eight Thousand and No/100 Dollars %1$1681000 . 00) . (e) Seller shall pay for the escrow fees , the CLTA Standard Poliscy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in Purchase Agreement -- Brennan et al Page 3 this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Prop erty shall be handled in accordance with Section '4986 of the Revenue and Taxation Code of the State of California. (f) Seller shall cause First American Title Guaranty Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of 'the Closing, insuring District in the amount of $168, 000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, and (ii) such additional title exceptions as may be acceptable to District. In the event District disapprovers of any .additional title exceptions and Seller is unable to remove any District disapproved excep- tions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall, upon District ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall , when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder ' s check for the full purchase price of the Subject Property (less Seller 's portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the -event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4 . Riclhts and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, allparties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. _III Purchase Agreement - Brennan et al Page 4 5. Leases or Occupancy of Premises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et se . Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Seller ' s Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 .02 Valid and Binding Agreements . This Agreement and all -other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions , of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6 . 03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property :and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof , and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7 . Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair ,,market value of the Property described in Exhibit "A" , as provided for by . the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes , 246-256 , and California Government Code Section 7267 , and following. Seller hereby �waives any and all existing and/or future rights Seller may have to the Purchase Agreement - Brennan et al Page 5 i fair market value of said Property, appraisals , etc. , as provided for by said Federal Law and any corresponding California Government Code Sections. 8 . Miscellaneous Provisions. 8 .01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 8 .02 Attorneys Fees. If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall . be entitled to recover from the other party reasonable . expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined bythe Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 8 .03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 8 .04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. I 8 .05 Notices . All notices , consents, waivers or demands of any kind which either party to this Agreement may required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal_ service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : -Purchase Agreement - Brennan et al Page 6 Seller: Ralph P. Brennan, Jr. , Rita M. Leitner and Lorraine R. Brennan c/o Joe Beatty Real Estate 7172 Anjou Creek Circle San Jose, CA 95120 (408) 268-4062 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle - Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by telegraph or cable, a conformed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressees ' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing ,address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other -when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 8 .06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 8 .07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when �exxecuted, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. .Purchase Agreement - Brennan et al Page 7 8 .08 Waiver. No waiver of any term, provision or condition of this Agreement , whether by conduct or otherwise , in any one or more ,.instances, shall be deemed to be, or be construed as , a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 8 .09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversa- tions, negotiations, agreements or understandings relating to the same subject matter. 8 .10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 8 .11 Survival of -Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon ,,and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 8.12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval , of the other party. 8 .13 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such Esther acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 8 .14 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 8 .15 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a >basis for interpretation or construction of this Agreement, nor as -evidence of the intention of the parties hereto. 8 . 16 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. I Purchase Agreement - Brennan et al Page 8 8 .17 Broker ' s Commission. No real estate or broker's com. ission is due or payable by District and Seller agrees to and does hereby indemnity and hold District harmless from and against any and all costs , liabilities, losses, damages, claims, causes of action or pro- ceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 8.18 Like Kind Exchange. District understands that Seller intends to effect a like kind exchange (including the possibility of a delayed "Starker" exchange) , pursuant to Section 1031 of the Internal Revenue Code, of the Property for other property to be designated by Seller. District agrees to cooperate with Seller to effect such exchange by performing all acts necessary therefor, including, without limitation, taking title to the exchange property; provided, however, that District shall not be obligated to incur any additional expense in connection with the performance of its obligations under this section 11 . 18 . 9. Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before July 29 , 1988 District shall have until midnight August 25, 1988 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10 . 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in a°ccordance with the terms and conditions set forth herein. \ee eee Vie\ e\e ee\ eee eel eee lee eee .eee eee ee.e gee eee gee eee e1.e i Pu-ch-ase Agreement - Brennan et al Page 9 ii yiiT? ESS ? E?EOr, the parties hereto have caused this agreement to be e__ecuted by 4eir duly authorized officers to be effective as of the date final execution by District in accordance with the terms hereof . +'P a=??SJLA :?EGION'L OPEN SPACE SELLER DISTr ICT ' PPRO:7ED AS TO FORM: _ Ralph Brennan, jr. _ Date Staley id rton, District Counsel �� r cr =_C FOR ? COMIIIENDATION: Rit M. Leitner Q� t1 Date: !1 !C U L. Tw ig Briton, SR/WA _Lz_,��,-cquisition Manager rP ?OvED AI?D rCCEPTED: Lorraine R. Brennan Date: 4 Board of Directors Ar" E S District Clerk R-88-95 (Meeting 88-18 August 10, 1988) lo* 0 Ic MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT August 2, 1988 TO: Board of Directors FROM: C. Britton, Assistant General Manager SUBJECT: California Wildlife, Coastal, and Park Land Conservation Act of 1988 -- Grant Application Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds Under the California Wildlife, Coastal, and Park Land Conservation Act of 1988 for the Following Projects: Acquisition of Land Between Property Managed by the District and Castle Rock State Park and Portola State Park; Expansion of Rancho San Antonio Open Space Preserve; Expansion of Sierra Azul Open Space Preserve; Expansion of El Sereno Open Space Preserve; Expansion of El Corte de Madera Creek Open Space Preserve; Expansion of Windy Hill Open Space Preserve; and Acquisition of Teague Hill Open Space Preserve. Background: On June 7 , California' s voters passed Proposition 70, the California Wildlife, Coastal, and Park Land Conservation Act of 1988. As a result, $10 million of the total of $776 million in funds provided by this initiative is available to the District on a direct appropriation basis for the seven projects specified in the proposed resolution. The District is also eligible for an estimated $700, 000 in Block Grant funds, based upon District population within the two counties. There are also competitive grant programs for trail projects and historic preservation for which the District would qualify for submittal. The per capita and competitive grant programs become operative November 9, 1988 . There is a December 9, 1988 deadline for submitting applications. Funding for approved projects would be submitted by state staff to the legislature for inclusion in the July 1, 1989 budget. The direct grant appropriation became operative upon passage of the Act on June 7 , 1988. Discussion: You budgeted $8 million of the $10 million in direct grant appropriations in the 1988-1989 budget, based upon expected qualifying open space land purchases . In order for the District to receive this budgeted allocation, all seven of the District' s acquisition projects have been identified or have potential for qualifying land purchases. In order to utilize the grant funds in the most efficient manner, staff is recommending that all seven projects in the direct grant appropriation category be applied for at this time to take advantage of purchase opportunities that are expected to materialize at one or more of the identified preserves. Of course, the District has already acquired the qualifying Teague Hill Open Space Preserve and several additions to Sierra Azul Open Space Preserve. A copy of the assurances requiring approval as a part of the resolution for the grant is attached. ASSURANCES The applicant hereby gives assurance and certifies with respect to the grant that: It possesses legal authority to apply for the grant, and to finance, acquire, and construct the proposed project, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official represen- tative of the applicant to act in connection with the application and to provide such additional information as may be required. it will maintain and operate the property acquired, developed, rehabili- tated, or restored with the funds in perpetuity. With the approval of the granting agency, the applicant or its successors in interest in the property may transfer the responsibility to maintain and operate the III property in accordance with section 5919 of the Public Resources Code. It will use the property only for the purposes allowed in the California Wildlife, Coastal, and Park Land Conservation program and to make no other use, sale, or other disposition of the property except as authorized by specific act of the Legislature. It will give the State' s authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. It will comply where applicable with provisions of the California Environ- mental Quality Act and the California Relocation Assistance Act, and any other state, and/or local laws, rules and/or regulations. 1 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 FOR THE FOLLOWING PROJECTS: ACQUISITION OF LAND BETWEEN PROPERTY MANAGED BY THE DISTRICT AND CASTLE ROCK STATE PARK AND PORTOLA STATE PARK; EXPANSION OF RANCHO SAN ANTONIO OPEN SPACE PRESERVE; EXPANSION OF SIERRA AZUL OPEN SPACE PRESERVE; EXPANSION OF EL SERENO OPEN SPACE PRESERVE; EXPANSION OF EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE; EXPANSION OF WINDY HILL OPEN SPACE PRESERVE; AND ACQUISITION OF TEAGUE HILL OPEN SPACE PRESERVE a WHEREAS, the people of the State of California have enacted the California Wildlife, Coastal, and Park Land Conservation Act of 1988 , which provides funds to the State of California and its political sub- divisions for acquiring and/or developing facilities for public recrea- tional and open space purposes; and WHEREAS , the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the : approval of application(s) before submission of said application(s) to the state; and WHEREAS, said application(s) contain assurances that the appli.cant .must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for acquisition or development of the project(s) ; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application for California Wildlife, Coastal, and Park Land Conservation Act of 1988 state grant` assistance for the above project (s) ; and 2. Certifies that said agency understands the assurances and certification in the application form; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project (s) ; and 4. Certifies that said agency will expend funds prior to July 1, 1998 . 5. Appoints the General Manager or Assistant General Manager as agent of the Midpeninsula Regional Open Space District to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project s) . PASSED AND ADOPTED by the Board of Directors . of the Midpeninsula Regional Open Space District on 19 at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary, Board of Directors President, Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. District Clerk R-88-99 (Meeting 88-18 August 10 , 1988) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT August 3 , 1988 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; C. Bruins , Administrative Assistant SUBJECT: Open Space Management Budget Policies Recommendation: I recommend that you adopt the proposed new Open Space Management Budget Policies as outlined in report R-88-76. Discussion: At your June 22 , 1988 meeting, you began your discussion of the proposed new Open Space Management Budget Policies (see attached report R-88-76 of June 17 , 1988 and pertinent section of the June 22 minutes) . The first priority of the proposed budget policies is providing basic land stewardship. Extended development and basic site improvements are secondary. Given these priorities, you expressed concern about staff ' s past ability to spend all the capital improvement funds allocated in the budget. You were also concerned about the possible loss of budget funding that might occur under the proposed budget policies . Staff will present specific information on this latter concern at your August 10 meeting. R-88-76 (Meeting 88-15 'All June 22, 1988) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 17, 1988 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; C. Bruins, Administrative Assistant SUBJECT: Proposed New Open Space Management Budget Policies Recommendation: I recommend that you discuss the proposed new Open Space Management Budget Policies as outlined in this report and then continue this item for additional time to consider the proposal before adopting policies. Introduction: For nearly three years, the Board' s Open Space Management Budget Guidelines Committee (originally the Budget Committee) has been meeting with staff to develop new budget guidelines for the District's Open Space Management Program. These committees reviewed many reports and charts detailing Open Space Management budget projections . With the increase in land acquisition and public use of District lands, it became evident that new budget guidelines were needed. The necessity to create new guidelines also stemmed from a desire to continue implementation of the District' s Basic Policy to focus on acquiring lands to create a regional greenbelt. At the same time, the need to carry out responsible District stewardship of its lands and to increase the number of public access improvements on a scheduled basis was also recognized. A preliminary version of the draft policies presented in this report has been reviewed by the current Budget Committee. Because of the overlap of membership in the Budget and Open Space Management Budget Guidelines Committees , it was felt that it was not necessary to present the guidelines to the latter committee but to go instead to the whole Board (which could, of course, refer it to committee) . R-88-76 Page Two N, Discussion: The first section of the proposed policies consists of priority statements for the allocation of the Open Space Management budget. These priorities, I believe, reflect the District' s Basic Policy, which was not changed by the Board after your recent public workshop and follow-up meeting. In addition to the Basic Policy, the priorities are also consistent with' the Board' s Site Emphasis Policies . The second section of the proposed policies consists of seven implementation statements (similar to the existing policies) for the priority statements. In the attached Open Space Management , Budget Policies that you originally adopted in 1979 and amended three times, maximum budget increases were based on the percentage change in annual property tax revenue, or the change in the Consumer Price Index plus 2%, whichever was greater. This percentage was added to a set base limit. At that time, it was also intended that outside funding sources and capital improvements not included in "normal" site development were exempt from the budget limit and competed directly with acquisition projects. The proposed policies include some of these same elements. In addition, they attempt to define in more detail staffing costs and needs, basic visitor improvements, general site protection and resource management, and extended capital improvements. The proposed policies are intended to cover the District ' s needs and provide policy guidance to staff for the next four years. During this time they will be subject to annual review. Funding of the Open Space Management Five-Year Staffing Plan (see attached) is included as the first implementation policy. This five-year staffing plan will need to be fine-tuned within the next two years to reflect current staffing timetables and structure. In recent years, budgets have been growing at an overall average of 12% to 13%. Since we have experienced a period of rapid growth, particularly in staffing, the rate of growth is projected to decrease from these levels . Projections into the next five years show an average growth rate of about 7%, including costs for additional staffing. These projections include an average 4% cost of living increase. A limiting factor would be the sixth implementation policy, which ties the total net (after grants) budget to the rate of growth of the District' s property tax income. The District's Controller estimates the growth of this property tax income at an average of 8% over the next five years. Under the new policies, it is estimated that budget growth will be about 4% annually above costs of inflation and salary range increases . The third implementation policy states that basic visitor improvements will average up to $120, 000 per year over five years . This includes contractual services to design and oversee basic visitor improvement projects. This corresponds to a R-88-76 Page Three realistic estimate consistent with the District' s proposed staffing level. Extended improvements need to be kept at a reasonable level to accommodate staff 's ability to complete the projects, or to oversee consultants doing the same tasks. The attached chart shows budget projections . It is based on funding the staffing plan (including 4% annual salary range increases) , providing services, supplies, and capital equipment necessary to carry out maintenance and operations (including inflation) , and funding basic visitor improvements at $120, 000 annually. The projections are in accord with each of the implementation statements, including number six. Over the next four years there would be an excess of $211, 000 (of which $95,000 will be on Skyline Ridge improvements) under the amount which corresponds to the 8% limit and which could be spent in the District's share of extended visitor improvements, pursuant to Paragraph 7. OPEN SPACE MANAGEMENT BUDGET POLICIES Priorities for Open Space Management Budget Allocation 1. First priority in allocating Open Space Management budget shall be given to providing responsible stewardship of District lands, including patrol, maintenance, visitor safety, basic site information, resource restoration and protection, associated site planning, and Open Space , Acquisition support. 2. Second priority shall be given to development of basic 0 visitor improvements, in accordance with Site Emphasis B Policy, to make preserve areas usable by the general public, including access points, parking, signing, and primary trail systems, and to visitor education and participation via volunteer programs. 3. Third priority shall be given to development, in accordance with Site Emphasis Policy, of visitor improvements beyond those which are basic to making the site usable, including, for example, interpretive, picnic, and camping facilities. Implementation In order to accomplish these priorities, the following policies shall be adhered to, unless changed by the Board, through fiscal year 1991-1992, with Budget Committee review annually. 1 . Funds will be provided (subject to the limitations of Paragraph 6) to implement the Open Space Management Staffing Plan, as approved. 2. Funds will be provided (subject to the limitations of Paragraph 6) so that the combined total of services, supplies , and capital equipment budgets will grow at an average rate of up to 7%, as needed, above inflation from one year to the next. 3. Capital improvement funds for basic visitor improvements will be provided (subject to the limitations of Paragraph 6) at an average annual level of $120, 000 . 4. Extended visitor improvements, including the cost of contractual services for design and for construction oversight, will be provided to the extent that they can be funded by grants, and can be handled by staff included in the staffing plan without seriously impacting higher priority tasks. 5 . Federal, State, and private grants will be aggressively sought for resource enhancement and protection and for basic and extended visitor improvements. At least 50% of funds which would ordinarily be provided by the District pursuant to paragraphs 1, 2, and 3 but are covered by grants will be used to increase funds for resource enhancement or protection, or for basic or extended visitor improvements, but not in each case necessarily for the same category covered by the grant. 6. Funds will be provided so that the total net budget, not including extended visitor improvements, but including costs of inflation and Board approved salary range increases, will grow, as needed and on the average, at the rate the District's property tax income grows. 7 . The District's net cost of extended visitor improvements shall not exceed the funds not spent pursuant to Paragraph 4 6. V r EXHIBIT "G" 5 Years (by the end of Fiscal Year 1990-1991)' MANAGER I LAND F LAND MANAGEMENT MANAGER ''' S LC RE'CARY CONTRACT LAW ENFORCEMENT PRINCIPAL OP L'N LAND MANAGE MEN' OPERATIONS (or in-house SPACE PLANNER '-—'-—— ADMININSTRATIVE ———�——————— SUPERVISOR �— as re uired ASSISTANT i FIELD ** SECRETARY 11 OPEN SPACEI OPEN SPAC ENVIRONMENTJ I 1 ENGINEER 11 PLANNER ANALYST RESOURCE i � " � VOLUNTEER '� DOCENT ANALYST t. ASSISTANT i ** �(if needed COORDINATOR COORDINATOR i ARCHITECT/i — '— I (Patrol) (Patrol) �— i.ENGINEER i SKYLINE FOOTHILLS YARD & (_VOLUNTEERS 1 I e DOCENTS II 1 (if nedeQ: SUPERVISING SUPERVISING CONSTRUCTION ,— ————— ASSOC. RANGER RANGER SUPERVISOR ** OPEN DRAFTS- SPACE PERSON PLANNER (North (Central (Central (Sierra Skyline) Skyline) Foothill) Azul) Senior Sr. ** Sr. ** Sr. Mechanic Crew Ran er Ran er Ran er Ran er E ui\ 0 Lead erson t ER7 R I R R JR R�** R Sr. Crew- ** I Person OST T OST OS OS OS OS OS OST OS O5T AST OST ** New positions since the full time (Z c seasonal ———— indicates interaction, not overall supervision end of Fiscal Year 1988-1989. OPEN SPACE MANAGEMENT BUDGET PROJECTIONS (SOOOs) 6/17/88 xxBASExx FISCAL YEAR BUDGETS ------ ACTUAL ACTUAL ACTUAL ACTUAL BUDGETED PROPOSED ESTIMATED ESTIMATED ESTIMATED ITEM 1984-85 ; 1985-86 1986-87 1987-88 ; ; 1987-88 ; ; 1988-89 ; 1989-90 1990-91 1991-92 --------....-----------------•--•-----•-------.......------------------_.....=-------.........__-.-------------..........---.......------.......-.---....... - District Acreage 19500 21000 26000 29000 ; ; 29500 ! , 30000 31500 33000 34500 Number of Staff" 18-__�2) 20 (4) �,_. 23 (4)- +_ _2] (3�.�._i_�_ ..25_-,)__(+___m32__(3�.__._a ._ 3d _(4) i_. 36 (5) ;_ -------------- ------------------------------------------------------------------------------------------------------------------------------------- 1) Salaries & Benefits 578 640 764 870 ; ; 1003 ; ; 1129 ; 1220 ; 1300 -14P" 2) Basic Visitor Improvementsxx 60 80 125 114 ; ; 120 ; ; 118 122 120 1 ---------- I ---------- ------ ------ -------- ---------- ---------- --------- --------- I 11 I 1 I 1 -II I A) Given Growth Factors (1+2) 638 720 889 984 ; ; 1123 ; ; 1247 1342 ; 1420 1522 ------------------- ---- ----- - ----- ------------ ------------------------------------------------- ---------------------------------------------- _ 3)_General Services & Supalie _._.278 . 305 386 422 � � - 436 � � m. ._ 424 ._; 440 460 482 (including Site Preparation) I 1 I 1 11 II I I 1 4) Capital Equipment 20 30 1 80 64 ; ; 68 ; ; 130 84 86 109 I.. .. 1 -- _- --_- I. I i I _ 1 1 ' i I --------- B) - Guided Growth Factors (3+4) 298 335 466 486 ; ; 504 554 524 5&6 591 (7% GROWTH) (539) (576) (616) (660) SUBTOTAL (A+B) 936 1055 ; 1355 1470 ; ; 1627 ; ; 1801 1866 1966 2113- -------------------------------------------------------------------------------------------•----------------------------------------------------------------- 5) Special Projects 0 0 ; 0 0 ; ; 0 ; ; 30 0 0 0 CUMULATIVE SUBTOTAL ; 936 1055 1355 ; 1470 ; ; 1627 ; ; 1831 1866 1966 211. (8x GROWTH) j (1757) ) (1898) (2050) (221� 6) Extended Capital Improvementsxx 20 20 30 126 ; ; 378 ; ; 920 400 300 100 GROSS BUDGET ; 956 1075 1385 1596 ; ; 2005 ; ; 2751 2266 ; 2266 2213 ------------------------------------------------------------------- ----------------------------------------------------------------------------------------- _ ± - Less Oufside Funding (50) (30) (30) (187) i '.__ (277) _.. _._ (815).. . __.' —(400) , (300) I (100) NET TOTAL BUDGET 906 1045 1355 1408 ; ; 1727 ; ; 1936 ; 1866 1966 2113 ------------------------------------------------------------------------------------------------------------------------------------------------------------- x Includes regular full time and part time employees as well as (temporary employees). xx Basic & extendedf visitor improvements entail a combination of services & supplies and fixed asset account funds (i.e.,planning plus implementation costs) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Open Space Management Budget Policies Adopted by Board of Directors June 13, 1979 Revised June 11, 1980 June 9, 1982 June 22, 1983 (l) The Open Space Management funding assumptions will be based solely on the basic property tax revenue allocation and not include State surplus funds, grants, or gifts, since tax revenue is the major predictable source of income. (2) The budget limit base will allow for responsible operation during FY 1979/80 with adjustments in future years which are proportional to increased operational obligations. ' (3) Budget base limit for future years shall be 1979/80 budget base plus the greater of either: a) proportionate percentage change in basic property tax revenue allocation b) Bay Area All Urban Consumer Price Index change + 2% (4) The budget base limit is a limit, not a spending guideline, and it is intended that actual budgets be under the limit if feasible. (5) Individual capital equipment items such as trucks with their associated capital equipment, which cost over $10,000 (before any trade-in) , shall be amortized over 3 years. (6) Costs of capital improvements such as parking lots and restrooms to implement adopted use and management plans for given preserves which are not included in normal site development and whose total cost is more than $5000 for a given preserve are not included in the budget limit. Trails, fencing, and grading of. small vehicular parking areas are examples of normal site development. Costs of norm al site development shall be amortized over 3 years when they are more -than $10, 000 in a year (net after grants and gifts toward project) for implementing an adopted plan for a given preserve. i Page Two The portion of the cost for a specific site development or land management project which is covered by grants and gifts is not included in the budget limit. The grants and gifts shall be apportioned according to the fractions of costs which are counted within and outside the budget limit. (7) In computing expenditures against the budget limit, trade-in values and resale proceeds of items previously purchased against a budget limit shall be credited against new expenditures. Resale proceeds received shall not be amortized but shall be : credited in the year received. (8) A combined limit of $1 ,000 shall be placed on historic. visual resource preservation. (S) The Enterprise Subprogram shall be independently accounted for as a revenue-producing program under Open Space Acquisition Program auspices. i k li I 5 I Portion of Minutes of June 22, 1988 Regular Meeting Pertaining to Proposed New Open Space Management Budget Policies s I G. Proposed New Open Space Management Budget Policies (Report ' R-88-76 of June 17 , 1988) 1 H. Grench reviewed the proposed Open Space Management Budget Policies , stating that they were consistent with the Basic policy and Site Emphasis Policy. He outlined the priorities statements , and explained the implementation statements . i i i G. Andeen requested that Board members limit their comments on the report to a one minute statement during this initial review. T. Henshaw said that she had not had time to study the ` proposal thoroughly. She said the second implementation statement seemed to refer back to N. Hanko ' s earlier motion regarding budgeted money or money actually spent with respect to capital improvements . R. Bishop said that he approved of giving priority to basic improvements needed to make the preserves accessible to the public . 1 G. Andeen said that the first priority as stated is "motherhood" and that a relationship should be shown between the land and the people who use it . N. Hanko said that there was no mention of efforts to protect the rights of adjacent property owners in the priorities and that the sixth implementation statement was not clear. She questioned whether funding might be lost by changing the current formula and would like to see the next i time this item is presented the real difference between current allocations and what they would be under the new policy. R. McKibbin said that he would save his specific comments until further discussion of the Open Space Management Budget Policies by the Board. i I WRITTEN COMMUNICATION "SPONSE ACTION PROPOSED BY STAFF Meeting 88-18 rd President Acknowledge/Respond August lO, 1988 _ erector Acknowledge/Respond REMETH & SHERRILYN FISHER _ staff acknowledge/Respond 301 Henrik Rd• 1,- Draft Response Attached Woodside, CA 94062 _ Staff to be Directed to Prepare Draft 4 1 5-8 5 1-3 3 3 8 Response for Board Consideration per Board Directive(s) Other July 26, 198 Midpeninsula Regional Open Space District Old Mill Officer Center 201 San Antonio Circle Building C-135 Mountain View, CA 94040 Dear MROSD, As extremely regular users of the Purisima Preserve, it is hard to reconcile the July llth letter to you from Elly Hess of San Carlos with what goes on in the preserve. The vast bulk of this preserve' s users are found within a half mile of the three parking lots (Skyline, and at the top and and bottom of Purisima Roads) . Once you get outside that area users get scarce fast in the midst of these primitive canyons. Yes, you do sometimes find both hikers and bike riders who travel the length of Purisima Road, and that could cause conflicts, but that is a small percentage of the users, and the road is easily wide enough for both. And much of Purisima Road is among the least interesting hiking you could choose within the Preserve. If Ms. Hess desires to avoid bike riders she could do so easily for most of her hike by either hiking the Grabtown Gulch trail, which rarely if ever has bikers, or by crossing over from the Whittemore Gulch trail to the old Harkins Fire Trail. For a short distance she still might encounter bikers at the top of Whittemore Gulch, at which time things might be crowded, but after that she would rarely see a bike. If she is planning hiking trips for the San Mateo County Sierra Club Hiking Group and desires to avoid bicycles, it would seem they would all be well served if she first contacted the local MROSD Preserve staff to see which trails are usually least used by bikers. Yes, bikes and hikers could have conflicts, but it isn't necessary. The Purisima Preserve is 2 1/2 times the size of Golden Gate Park and has very few users any distance from its perimeter. It is big enough for everyone presently interested-- bike riders included. It would be a shame to see bikes excluded. Please place my name on your regular list to receive notification of trail use workshops. Thanks. Sincerely yours, Kenneth L. Fisher MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C.SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 D?_4.T RES?CP1SE PREPARED BY STAFF FOR BOARD CONSIDERATIOT, Zen-neth L_ Fisher 301 Henrik Road Woodside, CA 94062 Dear Mr_ Fisher: , g : The District' s Board of Directors reviewed your July 26 letter concerning use of Purisima Creek Redwoods Open Space Preserve at our regular meeting last night . A copy of your letter will be orwarded to Ms . Elly Hess so that she can review the possible hiking routes that you ' ve suggested. In addition, your comments have been noted by staff , and your name will be added to our trail use notification list. You will be notified in advance of workshops and :-meetings focusing on the trail use standards that the staff is currently in the process of formulating. "e appreciate your particular interest in the Purisima Creek Redwoods Open Space Preserve and the variety of uses occurring on that preserve. According to research the staff is compiling, -ost trail conflicts on District preserves occur at trailheads and on our more popular shorter trails . In many instances, horseback riders and runners , as well as bicyclists , equally snare the burden of conflict on District trails . This issue is going to be a very difficult problem to sort out_ All trail usars must be willing to cooperate in order to provide a safe and healthy .environment at the District ' s open space preserves _ Sincerely, _'acheri r_e Duffy, President Board of Directors .D:ds cc: Elly Hess r { Herz;r,Grench,General Manager,Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop WR" "EN "MUNICATION =et 88-18 J U L 2 8 STATE OF CALIFORNIA—THE RESOURCES AUgusL 10, 1988 GEORGE DEUKMEJIAN, Governor DEPARTMENT OF FORESTRY AND FIRE PROTECTION P.O. DRAWER F-2 ,� , FELTON, CA 95018 ( 408 ) 335-5355 ( 415 ) 592-2726 July 26 , 1988 RESPONSE ACTT01 PROPOSED BY STAFF Board of Directors _ Board President Acknowledge/Respond MidPeninsula Regional Open Space District _ Director_ Acknowledge/Respond Old Mill, Office Center _ Staff Acknowledge/Respond Building C , Suite 135 _ Draft Response Attached 201 San Antonio Circle _ Staff to be Directed to Prepare Draft Mountain View, CA 94040 Response for Board Consideration per Board Dir'ective(s) Other &0 ai Dear Board Members , On Saturday, July 10, a light air plane crash landed on Highway 35 ( Skyline Blvd. ) about two miles south of Alpine Rd. Although the pilot escaped without serious injuries , in his attempt to land the aircraft he knocked down a power line which started a fire in the grass. The plane also ended up blocking the entire roadway on a blind curve. Several units from your district arrived on the scene within minutes. It is without doubt that the work they did in those first few minutes kept the emergency from becoming even greater. Your people quickly set up traffic control to keep motorist from plowing into the downed aircraft and kept spectators away from the fallen powerlines which were still energized and dangerous . As law enforcement units arrived to take on these hazard control tasks your people began to assist the CDF forces on the incident by helping on the fire lines. You also provided a fill station where fire equipment could refill their water tanks. If would like to take this opportunity to thank your organization and especially John Escabar, Dennis Danielson, Frank Olson, and Matt Ken for their help on this incident. As always, it was a pleasure working with your people. Sincerely, Dave Mack Ranger Unit Chief by\,�ASCAA- Gv James Asche Battalion Chief JA/cd cc : 1715 1703 1700 CONSERVATION IS WISE USE—KEEP CALIFORNIA GREEN AND GOLDEN IDOQTOLA HEIOL_ _ eDOIDEQTY OVA,___& AMOCIATION 22400 SKYLINE BOULEVAQD, BOX 10, LA HONDA, C'AIIFOQM 94020 WRITTEN COMMUNICATION Meeting 88-18 RESPONSE ACTION PROFOSED BY STAFF DIRECTC+RS August 10, 1988 Board President Acknowledge/Respond _ Director Acknowledge/Respond John Landr® Staff Acknowledge/Respond ProNdero Draft Response Attached Caroles Crane _ Staff to be Directed to Prepare Draft Response for Board Consideration per At their August 10 rileetlri Board Directive(s) Bill Guenther the Board deferred taking other Len Korinek action on Mr.. Landre ' s t — request to their August 24 Padraig Landr6 meeting. Bill Sorich Paul Storaasii July 28, 1988 Sheri Calkins Ms. Kay Duffy, President Board of Directors MROSD Old Mill Office Center Bldg. C, Ste 135 201 San Antonio Circle Mountain View, CA 94040 Dear Ms. Duffy: Pursuant to our letter of April 22, 1988 and your Committee Meeting of July 8, 1988, please consider that letter the "Official Petition" for recognition of Portola Heights as a Community as described in your "Policies Regarding Use of Eminent Domain". With the exception of Acronico, all members of PHPOA have been contacted, and agreed to be included in our Community. As a matter of fact, we have formed PHPOA as an Association separate from our Road Maintenance Associa- tion foremost in order to form a Community as described in your Policies. We have made it quite clear to our members that membership in our Associa- tion means that one wants to be included in our Community. There is therefore, no need to gather separate signatures of all members attesting to this. Please find enclosed our membershilp list. Sin erely, ohn K. Landre JKL:cdr i Bill Finstad Bill Obermeyer Bill Sorich Box 12 Leslie Wadsworth Box 33220 22400 Skyline Blvd Box 22, 22400 Skyline Blvd 22400 Skyline Blvd La Honda, CA 94020 La Honda, CA 94020 La Honda, CA 94020 Bill & Carolyn Guenther Brian Smith Charlie & Sandy Touchatt Box G1 Susan Stucky P. O. Box 254 22400 Skyline Blvd Box 8, 22400 Skyline Blvd Redwood City, CA 94063 La Honda, CA 94020 La Honda, CA 94020 TN6ndcNfgPAe iS Cliff Jenkins DavidAand Sheri Dick Bonino Box 25 J. L. Hudson Seedsman 926 College Ave. 22400 Skyline Blvd. P.O. Box 1058 Menlo Park, CA 94025 La Honda, CA 94020 Redwood City, CA 94063 Dick Carter Don Campbell Doug Winslow Box 24 445 Sixth Ave Box 2 22400 Skyline Blvd Santa Cruz, CA 94080 22400 Skyline Blvd La Honda, CA 94020 La Honda, CA 94020 Ed Nobrega Hank Taylor � T 2728 Waltham Cross 745 Christine Drive Belmont, CA 94001 Palo Alto, CA 94304 Jamis & Margaret MacNiven Jim & Carolee Crane Jim & Judy Lohr Box 17 25 Charter Oaks Circle Box 7 22400 Skyline Blvd Los Gatos, CA 95030 22400 Skyline Blvd La Honda, CA 94020 La Honda, CA 94020 John & Pa drai Landre g Julian & Lynn Gorodsky Suite K 1240 University Dr. 14500 Big Basin Way Menlo Park, CA 94025 Saratoga, CA 95070 Ken & Sandra Hartley Len & Elaine Korinek Lillian Steers 3086 Sulphur Springs Ct Box 26 Forest Co. San Jose, CA 95148 22400 Skyline Blvd 11641 Buena Vista Dr. i La Honda, CA 94020 Los Altos Hills CA 94022 Mike & Laurie McPhearson Box 6 22400 Skyline Blvd La Honda, CA 94020 Paul & Joann Storaasli Box 9 22400 Skyline Blvd La Honda, CA 94020 i POST c/o Bob Augsburger Ramiro & Marie Comas Bldg 4, Suite 135 P.O. Box 2695 3000 Sandhill Road Redwood City, CA 94064 Menlo Park, CA 94025 Scott & Jackie Neermann Stephen and Candace Stone Stephen Steers Box 334A Box 336 798 NW Culbertson Dr. 22400 Skyline Blvd 22400 Skyline Blvd Seattle, WA 98177 La Honda, CA 94020 La Honda, CA 94020 III Steve Munson Tendoro & Estrelita uiban Terr y ry & Beulah Gosset 24 t1k z 2926 Dublin Drive 26600 Elena So. San Francisco, CA Los Altos Hills, CA S A 95-0 2 94080 94022 I'I The Mud Company The Nignog Company Thomas & Bessie Vaughn Suite K Suite K 328 Pompano Circle 14500 Big Basin Way 14500 Big Basin Way Foster City, CA 94404 Saratoga, CA 95070 Saratoga, CA 95070 I II A\MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE Q5 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 Draft Response Prepared by Staff- for Board Consideration - -- Mr_ John R_ Landre Portola Heights Property Owners Association 22400 Skyline Boulevard, Box 10 - La Honda, CA 94020 Dear Mr. Landre: At last night' s meeting, the District' s Board of Directors reviewed your July 28 letter requesting that your April 22, 1983 letter be considered the "Official Petition" for recognition of Portola Heights as a developed community. The Board deferred taking any action on your letter to its August 24 regular eeting. At that meeting, the full Board will be considering a report from the Land Acquisition Policies Committee regarding the definition of a developed community and procedures relating to designation as a developed community. Sincerely, Katherine Duffy, President Board of Directors Fer-o--G7ench.General Manager,Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Garry Andean,Richard Bishop MIDPENINSULA REGIONAL OPEN SPACE DISTRICT T0: Board of Dire ctors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: August 5 , 1988 t -JUL 2 51988 RESOLUTION NO. 8 8-3 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS IN SUPPORT OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT'S EFFORTS TO ACQUIRE 300 ACRES SOUTH OF THE CITY OF LOS ALTOS ADJACENT TO DUVENECK WINDMILL PASTURE AREA AND RANCHO SAN ANTONIO PRESERVE -------------------------------------------------------------------------- WHEREAS, the Midpeninsula Regional Open Space District (hereinafter MPROSD) was created by voters in northwestern Santa Clara County in November 1972, for the purpose of acquiring open space lands and to plan and manage lands; and WHEREAS, the MPROSD relies on the support through land use decisions and policies of other agencies in :.1 RCCSD efforts to acquire, plan, and manage open space; and WHEREAS, the residents of the City of Los Altos benefit from the significant efforts of 19PROSD; and WHEREAS, Rancho San Antonio Preserve which is adjacent to the City or Los Altos and the Duveneck Windmill Pasture Area are enjoyed by many Los Altos residents. NOW, THEREFORE, BE IT RESOLVED that the City of Los Altos does support the efforts of the Midpeninsula Regional Open Space District to acquire land linking trails and providing added open space between the Rancho San Antonio Open Space Preserve and the Duveneck Windmill Pasture Area. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted at the regular meeting of the City Council of the City or Los Altos held on the 19th day of July, 1988, by the following roll call vote: AYES: Mayor Lave, Councilmembers Bruno, Laliotis , and Reeder 3GES: None ABSENT: Councilmember Verlot • VPENELO*F, AVE, i CAROL SCHARZ, CITY CLER, Certified :s a f e goy Clerk of tii� i+�}!� +►* �-��► =�� �%�lif. r ALAN CRANSTON CALIFORNIA united *atez $mate WASHINGTON, DC 20510 July 18, 1988 Mr. Herbert Grench Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, California 94040 Dear Mr. Grench, I 'm pleased to hear of your support for S . 2199 . Thanks for writing. As you are aware, S. 2199 would create an American Heritage Trust to preserve open space and historic sites . The principal for this Trust would consist of the unappropriated balances of the Land and Water Conservation Fund and the Historic Preservation Fund, presently totaling over $7 billion. Currently, a little more than $1 billion of federal revenues generated from offshore oil and gas development are deposited into these two funds annually for land acquisition and historic preservation. However, in fiscal year 1988, less than $200 million of these funds were appropriated for land acquisition. Once the Trust is established, the principal would never be spent but the interest would be appropriated each year for land acquisition. Eventually, as the principal becomes large enough to generate at least $1 billion in interest annually, the flow of revenues into the Trust will stop and the Trust will be self-perpetuating. Funds would benefit federal efforts to preserve open space and historic sites as well as an expanded program of grants to state and local governments for land acquisition and historic preservation. Being a strong supporter of the current Land and Water Conservation Fund, I am interested in strengthening the Fund and increasing the federal commitment to land acquisition. I 've recently become a cosponsor of S. 2199 and am hopeful the full Senate will approve the bill during the 100th Congress . Thanks again for your thoughts on this matter. With best regards, Alan Cranston b MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: August 10, 1988 WINAT fla? ff' , 310 ALPINE ROAD LA HONDA, CALIFORNIA aozo z4 oq fad i Cl N---T 6 R fl�I',,!Krl I 310 ALPINE ROAD LA HONDA, CALIFORNIA 94020 415-941-3042 rb too -AL ,( A n d�L� � . Tfl R E-w"I, ��m 310 ALPINE ROAD LA HONDA, CALIFORNIA 94020 415-941-3042 / C� CLADIS No. 88-15 N—neting 88-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date:August 10, 1988REVISED C L A I M S x Amount Name Description 1666 215.66 Allen Equipment Company, Inc. Utility Box for Truck 1667 2,744.51 Ervin Alves Union Oil Jobber Fuel 1668 10.59 AmeriGas Oxygen Refill 1669 41,470.04 Birnie Lumber and Fence Company Redwood Split Rail 1670 2,34$.)0 Brian, Kangas Foulk Engineering Services 1671 30.91 L. Craig Britton Reimbursement--Meal Conference 1672 200.00 City of Boulder Open Space Conference Registration--Mary Hale and. Del Woods 1673 131 .16 Clarion Harvest House Conference Expense--Mary Hale 1674 168,000.00 Continental Land Title Company Land Purchase--Brennen 1675 1 ,500.00 Dana Property Analysis Appraisal Services 1676 177.00 Daily Pacific Builder Bid Advertisement 1677 8.35 Emergency Vehicle Systems Fuseblock 1678 22.24 Goodco Press Photocopying 1679 190.00 Green Valley Disposal Dumpster Rental 1680 264.25 Honeywell Protection Services Burglar Alarm , 16$1 246.80 The Hub Schneiders Uniform Expense 1682 420.19 Los Altos Garbage Company Dumpster Rental 1683 45.86 Northern Energy Propane Gas 1684 1 ,036.15 Pacific Bell Telephone Service 1685 374. 11 Pacific Gas & Electric Company Utilities 1686 42.70 Donnelly Newspapers Election Notice Advertisement 1687 1 ,021 .85 Peninsula Oil Company Fuel 1688 50.32 Precision Engravers, Inc. Namebadges 1689 39.53 Rancho Hardware Field Supplies 1690 607.50 Jane Saltman Planning Services 1691 1 ,088.00 San Jose Conservation Corps Demolition and Cleanup 1692 520.00 San Jose Mercury News Election Notice Advertisement 1693 53.76 San Mateo Times Newspaper Group Election Notice Advertisement 1694 351 .52 Signs of the Times Signs 1695 270.00 Suburban Propane Tank Rental 1696 199.81 Two R.M. 's Sales & Services Equipment Repair 1697 63.90 David Topley Reimbursement--Field Supplies 1698 40.36 Unocal Fuel � 1699 110.03 Vallen Safety Supply Company Safety Equipment 1700 53. 10 Sandy Voorhees Private Vehicle Expense J Claims No. 88-15. _ __.. Meeting No. 88-18 Date: August 10, 1988 REVISED Amount Name Description ; 1701 110.70 Del Woods Private Vehicle Expense E02 165.80 The Workingman!s Emporium Uniform Expense 1n703 145.52 Petty .Cash Subscriptions, Maps, Private Vehicle Expense, Meal Conferences and Office Supplies i CGADIS No- 88-15 Meeting 88-18 M DPENINSULA REGIONAL OPEN SPACE DISTRICT Date:August 10, 1988 REVISED C L A I M S IT Amount Name Description 1666 215.66 Allen Equipment Company, Inc. Utility Box for Truck 1667 2,744.51 Ervin Alves Union Oil Jobber Fuel 1668 10.59 AmeriGas Oxygen Refill 1.669 4,470.04 Birnie Lumber and Fence Company Redwood Split Rail 1670 2,348.10 Brian, Kangas Foulk Engineering Services 1671 30.91 L. Craig Britton Reimbursement--Meal Conference 1672 200.00 City of Boulder Open Space Conference Registration--Mary Hale and Del Woods 1673 131 .16 Clarion Harvest House Conference Expense--Mary Hale 1674 168,000.00 Continental Land Title Company Land Purchase--Brennen 1675 1 ,500.00 Dana Property Analysis Appraisal Services 1676 177.00 Daily Pacific Builder Bid Advertisement 1677 8.35 Emergency Vehicle Systems Fuseblock 1678 22.24 Goodco Press Photocopying 1679 190.00 Green Valley Disposal Dumpster Rental 1680 264.25 Honeywell Protection Services Burglar Alarm r 1681 246:80 The Hub Schneiders Uniform Expense 1682 420.19 Los Altos Garbage Company Dumpster Rental 1683 45.86 Northern Energy Propane Gas 1684 1 ,036.15 Pacific Bell Telephone Service 1685 374. 11 Pacific Gas & Electric Company Utilities 1686 42.70 Donnelly Newspapers Election Notice Advertisement 1687 1 ,021 .85 Peninsula Oil Company Fuel 1688 50.32 Precision Engravers, Inc. Namebadges 1689 39.53 Rancho Hardware Field Supplies 1690 607.50 Jane Saltman Planning Services 1691 1 ,088.00 San Jose Conservation Corps Demolition and Cleanup 1692 520.00 San Jose Mercury News Election Notice Advertisement 1693 53.76 San Mateo Times Newspaper Group Election Notice Advertisement 1694 351 .52 Signs of the Times Signs 1695 270.00 Suburban Propane Tank Rental 1696 199.81 Two R.M. 's Sales & Services Equipment Repair I' 1697 63.90 David Topley Reimbursement--Field Supplies 1698 40.36 Unocal Fuel 1699 110.03 Valien Safety Supply Company Safety Equipment 1, 1700 53. 10 Sandy Voorhees Private Vehicle Expense Claims No. 15 Meeting No. 88-18 Date: August 10, 1988 REVISED Amount Name Description 1.¢731 110.70 Del Woods Private Vehicle Expense 1702 165.80 The Workingman!s Emporium Uniform Expense 1303 145.52 Petty .Cash Subscriptions, Maps, Private Vehicle Expense, Meal Conferences and Office Supplies ti