HomeMy Public PortalAbout19880810 - Agendas Packet - Board of Directors (BOD) - 88-18 Meeting 88-18
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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
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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.
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PROPOSED ADDITION
(145 ACRES) o .45.
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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
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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
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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
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8
S i FRRA AZUL OPEN SPACE PRESERVE '
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P�11T. UMUNHUM AREA
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fr~' �'� ��0. �/�� o � 1 �-� ('1� �rPROPOSED ADDITION,
► €` 1��: (BRENNAN)
MROSD
( PENDING ACQU I S I T I ON
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;MROSD DISTRICT
BOUNDARY
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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.
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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 $1 billion in interest annually, the flow of
revenues into the Trust will stop and the Trust will be
self-perpetuating. Funds would benefit federal efforts to
preserve open space and historic sites as well as an expanded
program of grants to state and local governments for land
acquisition and historic preservation.
Being a strong supporter of the current Land and Water
Conservation Fund, I am interested in strengthening the Fund and
increasing the federal commitment to land acquisition. I 've
recently become a cosponsor of S. 2199 and am hopeful the full
Senate will approve the bill during the 100th Congress .
Thanks again for your thoughts on this matter.
With best regards,
Alan Cranston
b
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: F.Y.I.
DATE: August 10, 1988
WINAT fla? ff' ,
310 ALPINE ROAD
LA HONDA, CALIFORNIA
aozo
z4
oq
fad
i
Cl N---T 6 R fl�I',,!Krl I
310 ALPINE ROAD
LA HONDA, CALIFORNIA 94020
415-941-3042
rb
too
-AL
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d�L�
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310 ALPINE ROAD
LA HONDA, CALIFORNIA 94020
415-941-3042
/ C�
CLADIS No. 88-15
N—neting 88-18
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date:August 10, 1988REVISED
C L A I M S
x Amount Name Description
1666 215.66 Allen Equipment Company, Inc. Utility Box for Truck
1667 2,744.51 Ervin Alves Union Oil Jobber Fuel
1668 10.59 AmeriGas Oxygen Refill
1669 41,470.04 Birnie Lumber and Fence Company Redwood Split Rail
1670 2,34$.)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
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