HomeMy Public PortalAbout19810408 - Agendas Packet - Board of Directors (BOD) - 81-09 Meeting 81-9
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
Regular Meeting
Board of Directors
A G E N D A
April 8, 1981 375 Distel Circle, Suite D-1
Los Altos , California
(7 : 30) ROLL CALL
APPROVAL OF MINUTES - March 18 and March 25, 1981
WRITTEN COMMUNICATIONS
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
NEW BUSINESS WITH ACTION REQUESTED
(7 : 45) 1. Joint Acquisition Project with the Town of Los Gatos for
Los Gatos Creek Park (Lands of the California Province for
the Society of Jesus) - C. Britton
Resolution Approving and Authorizing Execution of a Joint
Powers Agreement for Purchase of Real Property, and
Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the
Transaction (Los Gatos Creek Park)
(8 :00) 2 . Update and Proposed Action on the District' s Legislative
Program - H. Grench
(8 : 15) 3. Proposed Historic Preservation Grant Application - S . Sessions
Resolution Approving the Application and the Project
Agreement for Historic Preservation Grants-In-Aid for
Picchetti Brothers Winery Rehabilitation Project
OLD BUSINESS WITH ACTION REQUESTED
(8 : 25) 4 . Adoption of Negative Declaration for Stevens Creek Shore-
line Nature Study Area Trail - S. Sessions
(8: 30) INFORMATIONAL REPORTS
CLAIMS
CLOSED SESSION - Land Negotiations
ADJOURNMENT
Herbert A Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S Bishop,Edward G.Shelley,Harry A Turner,Daniel G.Wendin
eting 81a-7
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
Special Meeting
Board of Directors
M I N U T E S
March 18, 1981
I. ROLL CALL
President Richard Bishop called the meeting to order at 8:20 A.M.
Members Present: Katherine Duffy, Daniel Wendin, Barbara Green,
Edward Shelley, Nonette Hanko, and Richard Bishop.
Member Absent: Harry Turner
Personnel Present: Herbert Grench, Craig Britton, Steven Sessions,
Stanley Norton, and Jean Fiddes.
II. OLD BUSINESS WITH ACTION REQUESTED
1. Financing Adjustment - Russian Ridge Open Space Preserve
(Coplon Property)
C. Britton reviewe memorandum M-81-31, dated March 16, 1981,
noting that staff had not been able to close escrow on the Coplon
property subject to the existing financial obligation. He said
the Coplons had advised staff that they were not willing to have
their notes and Deed of Trust in a secondary position, and that
George Nolte, the beneficiary of the existing notes, had requested
he be paid in full because of a "due on sale" provision in the
note. He noted the total purchase price of the property would
be $1,000 ,000 , $600 ,000 in cash and $400 ,000 in notes,and said the
Coplons had given the District until March 19 , 1981 to close
escrow in accordance with the contract of the sale.
Motion: K. Duffy moved that the Board reverse its prior action
and direct staff to deliver $600 ,000 in cash to the
title company and close this escrow by adhering to a
strict interpretation of the purchase agreement,
E. Shelley seconded the motion. The motion passed
unanimously.
Motion: K. Duffy moved that the Board reaffirm the budget overrun
of up to the additional $600 ,000 required. B. Green
seconded the motion. The motion passed unanimously.
III. CLAIMS
Motion_: E. Shelley moved the approval of Claim 1949 (Claims C-81-6 ,
dated March 18, 1981) . N. Hanko seconded the motion.
Discussion: C. Britton stated that Claim 1949 in the amount
of $392 ,000 plus the previously approved claim of $208,000
to Title Insurance and Trust Co. totaled $600 ,000. The
motion passed unanimously.
IV. ADJOURNMENT
The meeting was adjourned at 8 :26 P.M.
Jean H. Fiddes
District Clerk
Herhert A Granch.General Manaoer Board of Directors:Katherine Duffy.Barbara Green,Nonette G.Hanko.Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wenam
Special Meeting-- Mtg. 81-7
March 18, 1981 r`
Claims C-81-6
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
Amount Name Description
1949 $392,000 .00 Title Insurance and Trust. Co. Land Purchase - Cop-! ,.
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
NOTICE OF MEETING
BUDGET COMMITTEE
April 7 , 1981
12 :00 Noon
375 Distel Circle
Suite D-1
Los Altos, CA
There will be a meeting of the Budget Committee of the
Midpeninsula Regional Open Space District at 12 :00 noon
on Tuesday, April 7, 1981 at 375 Distel Circle, Suite D-1,
Los Altos, California.
Herbert A.Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green,Nonette G Hanko,Richard S Bishop,Edward G.Shelley,Harry A.Turner,Daniel G Wendin
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a;
NIL. F -
-=:3UL T, REGIONAL OPEN SPACE, DISMICT
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT': For your information
DATED: April 3, 1981
M, in 81-8
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
Regular Meeting
Board of Directors
M I N U T E S
March 25, 1981
I. ROLL CALL
President Richard Bishop called the meeting to order at 7 :36 P.M.
Members Present: Daniel Wendin, Barbara Green, Edward Shelley,
Harry Turner, and Richard Bishop.
Members Absent: Katherine Duffy and Nonette Hanko.
Personnel Present: Herbert Grench, Craig Britton, Steven Sessions ,
Stanley Norton, Charlotte MacDonald, and Jean Fiddes.
II. APPROVAL OF MINUTES
A. February 25, 1981
Motion: E. Shelley moved the approval of the minutes of February 25, 1981.
B. Green seconded the motion. The motion passed unanimously.
B. March 11, 1981
J. Fiddes stated the third paragraph under the California Parklands
Act of 1980 - Skyline Recreation/Open Space Corridor - Hassler Project
should be corrected to read "C. Britton responded that specific sites
had not been identified, but were contained within a 1000 foot
band on either side of Skyline running between State highwa�s92 and 9 ."
Motion: B. Green moved the approval of the corrected minutes of
March 11, 1981. R. Bishop seconded the motion. The motion
passed unanimously , with E. Shelley abstaining from the vote.
III. WRITTEN COMMUNICATIONS
JT7-Y'l-ddes stated there were three written communications : 1) a
letter, dated March 11, 1981, from Michael Carlin, President, and
George Paige, Vice President, South Bay Soaring Society, P. O. Box 2012 ,
Sunnyvale, requesting a place on the agenda of the March 24, 1981
meeting to seek a permit to use the Windy Hill site to fly radio-
controlled model soaring aircraft; 2) a letter, dated March 13, 1981,
from Gary Giacomini, President of the Board of Directors , Marin
County Open Space District, stating his Board unanimously supported
the concepts embodied in AB 597; and 3) a letter, dated March 11,1981,
from Naomi Schalit, Office Manager, People for Open Space, 46 Kearny,
San Francisco, announcing the fourth annual People for Open Space
retreat during the weekend of May 8-10.
S. Sessions stated staff had been in contact with the representatives
of the South Bay Soaring Society, noting they had attended the
March 16, 1981 Windy Hill fact-finding workshop and were planning
to attend the on-site workshop on March 29 . He said the Society ' s
representatives were willing to wait until the Windy Hill use and
management recommedations were presented to address the Board.
Herbert A.Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green,Nonette G Hanko,Richard S.Bishop.Edward G Shelley,Harry A Turner,Daniel G Wendin
Meeting 81-8 Page Two
R. Bishop requested that staff publicize the meeting at
which the Windy Hill use and management plan would be presented
to the Board so all interested persons could attend the meeting.
He requested that C. MacDonald issue a press release announcing
the meeting.
IV. ADOPTION OF AGENDA
D. Wendin requested that an item be placed on the agenda so the
Board could discuss the Special Meeting of April 11, 1981 with
the representatives of American Youth Hostels, Inc. - Golden
Gate Council. R. Bishop added item 10 , Meeting of April 11, 1981,
to Old Business with Action Requested.
H. Grench noted K. Duffy, the Board's Secretary, was not present
and said the Board needed to appoint a Secretary pro-tempore.
Motion: D. Wendin moved that H. Turner be appointed Secretary
pro-tempore for the evening. B. Green seconded the
motion. The motion passed uanimously.
R. Bishop stated the Board's consensus that the agenda was adopted
as modified.
V. ORAL COMMUNICATIONS
Robert Mark, 725 Cowper, Palo Alto, stated the California Senate's
Natural Resources Committee had approved Senator Maddy 's bill,
which,in effect, at least temporarily blocked the addition of the
Gill Mustang Ranch acquisition to Henry Coe State Park.
R. Mark suggested that District staff place signs at the Rancho
San Antonio County Park that indicated how to get to Rancho San
Antonio Open Space Preserve from the park's parking lots .
S. Session responded that staff had met with County officials to
discuss signing at the park, but had not received any final signing
plans from the County. He said District staff was working on
some directional signs for the public.
VI. SPECIAL ORDERS OF THE DAY
K. Resolution of Appreciationfor Assemblyman Byron Sher
Motii;n�. B. Green moved the adoption of Resolution 81-22' a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Commending and Thanking
Assemblyman Byron Sher for His Assistance to the Midpenin-
sula Regional Open Space District and the Regional Parks
Of the State of California. D. Wendin seconded the
motion. The motion passed unanimously.
Kip Lipper, a member of Assemblyman Sher' s staff, thanked the
Board for their action and extended Assemblyman Sher's appreciation
and best wishes .
Meeting 81-8 Page Three
VII . NEW BUSINESS WITH ACTION REQUESTED
A. Preliminary Action Plan for the Implementation of the Basic
Policy-of- the Midpeninsula Regional Open Space —District_
for Fiscal Year-1981-1982
H. Grench introduced report R-81-12 , dated March 18 , 1981, outlined
the process staff followed in preparing the proposed Action Plan,
and noted the report included any changes made by staff in the
key projects and activities discussed at the February program
evaluation workshop.
C. Britton and J. Fiddes stated that there were no changes in
the key projects and activities for the Open Space Acquisition
Program and for General Management and Program Support.
S. Sessions stated that staff had included the provision of
pre-acquisition planning necessary for acquisition decisions
as a key project and activity for the Planning, Design, and
Development Subprogram since this was a critical planning
activity. He noted that the third key project and activity in
that same subprogram had been reworded to read "Prepare compre-
hensive use and development general plan consistent with adopted
site emphasis guidelines" to incorporate Board directives from
the recent site emphasis discussions. S. Sessions stated that
three possible staffing changes were being reviewed and said
the changes involved the possible addition of one Ranger .and,- the
restructruing of the Ranger staff to incorporate Senior Rangers,
the Coordinator of Volunteers position, and the environmental
writer/analyst skills staffing requirement. He said that staff
was also in the process of reviewing enterprise program's
administration.
C. MacDonald outlined the changes in the key projects and activities
for the Public Participation and Education Subprogram and for the
Public and Private Liaison Subprogram, noting that the telephone
survey relating to the Openspace newsletter had been deleted as
a key project and activity and that the key project and activity
relating to public presentations had been divided between the
two subprograms to more accurately reflect the different types
of presentations and audience groups.
D. Wendin requested that staff carefully review the proposed
Action Plan and refine any statements that refer to projects
or activities that require Board approval . He noted that the
wording "subject to subsequent Board approval" could be used
in these cases .
Motion: E. Shelley moved that the Board tentatively adopt
the proposed Action Plan for the 1981-1982 fiscal
year. H. Turner seconded the motion. The motion
passed unanimously.
Meeting 81-8 Page Four
B. Stevens Creek Shoreline Nature Study Area (Crittenden Marsh) -
Acceptance of Easement for Public Access
C. Britton reviewed memorandum M-81-37, dated March 19 , 1981,
noting that staff had secured the necessary agreement from the
Santa Clara Valley Water District for the granting of public
access across Crittenden Lane Bridge and along the eastern levee
of the Stevens Creek flood control channel to the Crittenden
Marsh property. He said this public access would allow for the
reimbursement of Land and Water Conservation Fund grant monies .
Motion: E. Shelley moved the adoption of Resolution 81-23, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Easement Deed and Agreement and Authorizing General
Manager to Execute Any and All Other Documents Necessary
or Appropriate to Closing of the Transaction (Stevens
Creek Shoreline Nature Study Area) . R. Bishop seconded
the motion. The motion passed unanimously.
C. Elimination of Land and Water Conservation Fund State Assistance
H. Grench reviewed memorandum M-81-33, dated March 17, 1981, noting
that the elimination of the state assistance portion of the Land
and Water Conservation Fund, as ordered by Department of Interior
officials , would impact the District. He noted that the resolution,
if approved by the Board, would be sent to President Reagan and
the District's legislators in Washington with a cover letter from
R. Bishop.
Motion: B. Green moved the adoption of Resolution 81-24 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Urging Full Federal Funding
for the Portion of Land and Water Conservation Fund Grants
Directed to the States and Territories of the United
States . H. Turner seconded the motion. The motion passed
unanimously.
D. Wendin said he thought it would be appropriate for any Board
member to send a cover letter and the resolution to a particular
District legislator, as opposed to having all the letters signed
by R. -Bishop. B. Green indicated she would be willing to convey
the resolution to Representative McCloskey.
D. Proposed Urban Forestry Grant Application
S. Sessions reviewed memorandum M-8 - 6, dated March 19 , 1981, regarding
the resubmission of an application to the California Department of
Forestry soliciting grant funds for the second year of the Monte
Bello Open Space Preserve controlled burn program. He noted Phase
I of the controlled burn had been successful and the Phase II
grant request was an extension of the Phase I grant.
B. Green asked what the effect would be on the controlled burn
program if the grant was denied, and S. Session responded that
funds needed to carry out the program would be included as a
contingency item in Land Management's budget.
Meeting 81-8 _ age Five
Motion: B. Green moved the adoption of Resolution 81-25, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving the Application
for Urban Forestry Funds - Monte Bello Open Space
Preserve Controlled Burning Project. D. Wendin seconded
the motion. The motion passed unanimously.
Motion: B. Green moved that the Board authorize the General
Manager to enter into the necessary grant contracts
for Phase II of the Monte Bello Open Space Preserve
Fire Management Plan scheduled to be implemented
in the fall and winter of 1981-82 if implementation
is approved. D. Wendin seconded the motion. The
motion passed unanimously.
VIII.OLD BUSINESS WITH NO ACTION REQUESTED
A. Progress Report on Use and Management Planning for Planning_
Area I (Hassler Area)
S. Sessions reviewed report R-81-11, dated March 25, 1981, reporting
that, since the District had not acquired the Hassler property and
did not own any land west of Skyline, there was no formal use and
management review for the Board to consider at this time. He
stated staff had contracted with an engineering firm to prepare
an Initial Study for the demolition of the Hassler Health Home
buidlings , briefly reviewed some of the findings of the Study,
and said the Study would be forwarded to the Board at a later time.
In response to a question from H. Turner regarding the possibility
of burying the demolition debris , S. Sessions said the engineering
firm considered burial of the debris a favorable approach, in
light of the problems associated with available disposal sites.
B. Skyline Signs Progress Report
S. Sessions reviewed memorandum M-81-34 , dated March 18 , 1981,
noting the Board of Supervisors of San Mateo County would have
to adopt a resolution designating certain areas along Skyline
Boulevard as limited parking before the sign replacement
project could be completed. He noted that there had been some
opposition from local residents toward the signing change.
Sam Jones , 16891 Stevens Canyon Road, Cupertino, asked what was
meant by limited parking and Robert Mark asked when the project
might be completed.
S. Sessions responded that limited parking meant no parking from
9 P.M. to 6 A.M. and that he hoped San Mateo County would have
acted on the project by the first of May.
The Board recessed for a break at 8 :30 P.M. and reconvened for
the public meeting at 8:40 P.M.
Meeting 81-8 Page Six
IX. OLD BUSINESS WITH ACTION REQUESTED
A. Issues and Questions from Site Emphasis and Program Evaluation
Workshops
R. Bishop, referring to memorandum M-81-35, dated March 17, 1981,
opened the discussion, noting that the next question to consider
from memorandum M-80-93 was question seven which asked if the
Board wished to adopt guidelines which addressed the following
subjects : a) restrooms, b) drinking water, c) level of trail
development, d) provision of maps , e) parking areas , f) signs,
g) provision of camping facilities , and h) transportation (shuttle
bus) . He stated he felt it would be very difficult for the
Board to adopt a general guideline for all these items and
stated his approach was to consider these items on a site by
site basis , allowing the most natural possible situation on
each site to continue until there was a demonstrated need
for one of the listed items , particularly restrooms .
E. Shelley stated the Committee had included this question since
they felt that, if the Board determined that it did want to have
emphasized and unemphasized sites, the Board might then also
want to determine what the level of development might be on an
emphasized site. He said he preferred not to adopt a policy
relating to these items unless there was a need for one.
D. Wendin said the Board needed to set guidelines for staff to
use in the preparation of use and management plans for emphasized
sites and that he would answer yes to the question of providing
guideline standards for a) restrooms, b) drinking water, c) level
of trail development, e)parking areas, and f) signs. He felt the
provision of maps could be discussed under publicity and that
parking areas and transportation were unique items that should
be addressed individually as they came up for a site. He noted
the level of statement made by R. Bishop was the type of guide-
line the Board should adopt.
H. Turner noted there could be potential for differing opinions
on the Board to leave the staff unsure as to what approach
should be taken on these items and said there should be some
guidelines on the five items mentioned by D. Wendin.
H. Grench said he thought the staff might come back to the
Board with some very strict guidelines, such as no drinking
water provided except to the extent it is already available on
a site and pure for drinking.
Motion: E. Shelley moved that the Board request staff to return
to the Board with a suggested set of guidelines for
items a, b, c, d, e, and f for further discussion
by the Board. D. Wendin seconded the motion.
Discussion: D. Wendin stated he included the inclusion
of provision of maps in his second with the under-
standing that this referred to the provision of
on-site maps . R. Bishop clarified that the staff would
be making recommendations to the Board which the
Board could change or refer to a committee, if required.
The motion passed unanimously.
Meeting 81-8 ge Seven
Motion: D. Wendin moved that the Board not adopt guidelines
for items 7g and 7h, provision of camping facilities
and transportation (shuttle bus) , but leave them to a
case by case consideration in use and management plans .
E. Shelley seconded the motion. The motion passed
unanimously.
R. Bishop stated question eight relating to a master land
management plan had been discussed at the previous meeting.
C. MacDonald reviewed her memorandum M-91-32, dated March 16, 1981,
to H. Grench in which she outlined suggested publicity guidelines
related to site emphasis policy.
E. Shelley noted that the distribution of information, specifically
brochures and maps, was not spelled out in the suggested guidelines
and that there was no recommended policy on the level on distri-
bution. He said that if the Board was going to adopt a set of
policies on site emphasis,then the Board must, at the same time,
adopt some policy on the level of distribution of site emphasis
materials .
H. Grench stated that the use and management plans should include
a publicity element.
R. Bishop asked if C. MacDonald was proposing to have a separate
brochure to explain site emphasis policies . C. MacDonald res-
ponded that she was not recommending a separate site emphasis
brochure, rather the type of brochure that discussed District
sites and policies, including site emphasis.
E. Shelley noted that if a map shows all District sites and if
the Board is not willing to emphasize all sites, then there
needs to be a careful distribution of this general map so as not
to emphasize every site in the District.
Motion: D. Wendin moved that,in response to question nine
(i.e. should the District adopt publicity guidelines
related to site emphasis policy) , the Board tentatively
adopt the guidelines in memorandum M-81-32 and ask
staff to return to the Board with a restatement of
the guidelines in the form of a policy statement.
H. Turner seconded the motion.
Discussion: D. Wendin noted that his motion referred to
the internally-generated publicity (items a through e)
in C. MacDonald' s memorandum. He asked staff to include
a recommendation on directional signs as a method of attracting
people to sites . The motion passed unanimously.
C. MacDonald, referring to question ten regarding a policy to
influence the level of external publicity given to sites ,
stated there was basically no way to control such publicity .
D. Wendin stated he thought the Board's policy should be worded
to indicate that the District would do nothing to generate
external publicity. He said the Board should not take any steps
to encourage or discourage externally-generated publicity, other
than external publicity being generated by internal publicity.
Meeting 81-8 Page Eight
He said, for example, that the District should not solicit an
article in Sunset magazine.
S. Sessions noted that staff should respond to requests concerning
external publicity at a level consistent with the level of
emphasis a site has.
D. Wendin stated that he now did not think it necessary to have
a specific policy on the issue, but thought staff should include
a statement in the material being prepared along the lines
of S. Sessions' statement, thus reflecting the fact that the
District would respond to external publicity requests at a
level consistent with the emphasis of a site.
Motion:. D. Wendin moved that the Board answer question ten
(should there be a policy to influence the level
of external publicity given to sites) as no and
direct staff to include a statement in response to
the questions relating to externally-generated
publicity in the material being prepared for question
nine. D. Wendin withdrew his motion which was not
seconded.
Motion: E. Shelley recommended that the Board adopt a policy
on externally-generated publicity that stated the
degrees to which the District would encourage or
discourage such publicity so as to be consistent with
the level of emphasis for a site. D. Wendin seconded
the motion.
Discussion: R. Bishop and C. MacDonald stated they did
not favor having the word "discourage" in the motion.
D. Wendin suggested the words "or discourage" be
dropped from the motion and E. Shelley agreed to the
change. D. Wendin reiterated that staff should
include the proposed policy with the other material
being prepared for the Board to consider. The motion
passed unanimously.
D. Wendin noted that it was premature to consider question eleven
until an emphasis plan for District sites was prepared by staff
and approved by the Board.
Motion: D. Wendin moved that the Board adopt no policy for
question eleven. E. Shelley seconded the motion.
The motion passed unanimously.
E. Shelley and R. Bishop stated they felt the District's
Basic Policy adequately addressed the question of site stewardship.
S. Sessions noted the Board had reaffirmed the land management
budget guideline policy and, within that constraint, staff would
then develop a maintenance, patrol, and operations program that,
in essence, would establish the level of stewardship for District
lands . He stated he needed to know if the Board felt staff
was providing adequate stewardship of the land.
Meeting 81-8 1_ ,e Nine
H. Grench stated that staff wanted the Board to be aware of the
level that District sites are patrolled and maintained.
E. Shelley noted that if staff felt they could not properly
patrol the lands under the existing budget guidelines , they
should make the Board aware of this fact.
Motion: D. Wendin moved that questions one and two under site
stewardship be answered no and that question three
be handled in the same manner as question eleven (none
at this time) . B. Green seconded the motion. The
motion passed unanimously.
Motion: D. Wendin moved that the Board table the consideration
of Ranger Ride-Along until a meeting with full Board
attendance. E. Shelley seconded the motion.
Discussion: R. Bishop said this item would be scheduled
for a meeting in the future when there was sufficient
time on the agenda to discuss the matter. The motion
passed unanimously.
D. Wendin noted that the consolidation of open space management
policies had been included in that program's proposed Action
Plan for 1981/1982 .
B. Schedule for Preparing a General Plan for Emphasized Sites
S . Sessions reviewed memorandum M-81-38 , dated March 25, 1981,
regarding a schedule for preparing a general plan for the
number and general location of emphasized sites within the
District. He noted staff was proposing a starting date of
July 1981 for the project, and staff would return to the Board
no later than August, 1981 with an outline of scheduled activities
for developing the plan, as well as an explanation of the nature
of the planning document. He stated he did not know at this time
what the total amount of staff time would be. to accomplish this
project.
Motion: D. Wendin moved that the Board approve the schedule
proposed in memorandum M-81-38 by staff. H. Turner
seconded the motion. The motion passed unanimously.
C. Meeting of April 11, 1981
D. Wendin stated he had asked for this item to be placed on the
agenda to make certain there would be a quorum at the April 11,
1981 Special Meeting with the representatives from the Golden
Gate Council of American Youth Hostel Inc. N. Hanko and R. Bishop
said they would not be able to attend the meeting. B. Green and
H. Turner indicated they could attend a portion of the meeting.
D. Wendin and E. Shelley stated they could attend the entire
morning session. The Board decided the meeting should continue
as planned since it appeared that there would be a quorum.
X. INFORMATIONAL REPORTS
S. Sessions reported there had been a Windy Hill fact-finding
workshop in preparation for the development of the Windy Hill
use and management plan on March 16 , 1981 and said there would
be an on-site working session on March 21, 1981.
Meeting 81-8 Page Ten
S. Sessions stated he and D. Wendin had attended the Los Altos
City Council meeting the previous evening. The Council had
discussed parking problems faced by residents on St. Joseph's
Avenue, and City staff had presented five possible alternatives .
for the Council to consider. He stated the Council decided to
implement an interim scheme involving signing and notification
on the weekends that there was no public parking on the street
and decided to work with Santa Clara County officials to get
one side of the curb from the underpass out into the residential
area painted red. He said there would be a public meeting on
April 21, 1980 at Montclair School with the neighbors to discuss
the parking situation and possible solutions and that the District
staff would make a presentation at that meeting.
S. Sessions said neighbors of the Long Ridge Open Space Preserve
had held a community meeting on March 22, 1981 to discuss parking
problems in the area. He said District staff and representatives
from the San Mateo County Sheriff ' s Office had attended the
meeting.
S . Sessions reported that a group of concerned equestrians and
hikers had formed their own trails committee which will identify
what their needs are and relay their needs to the District.
Discussion centered on how the District would interact with
this group and R. Bishop stated that the Board should take no
action on requests from this trails committee without very good
communication with other groups interested in trails, as well
as with official county trails and pathways committees .
S . Sessions, reporting on the mutual assistance agreement with
Santa Clara County, said that District rangers had responded
several times to calls from County rangers for assistance and
that County rangers had assisted District staff on a couple
occasions .
S. Session reported that staff had met with representatives of an
environmental consultant firm working with Moffett Field and NASA
to provide information for an environmental assessment document
that may lead to the establishment of a Bayfront Trail connection.
H. Turner reported that members of the Thornewood Committee
had been meeting in working sessions to work out the financial
attributes of the five Thornewood proposals.
R. Bishop stated the Picchetti Committee had met on March 18, 1981
and would be reporting to the Board in the near future on the
three final proposals the Committee considered, as well as on
the public input the Committee had received.
C . Britton noted the District's wall map had been updated to
show the District' s acquisitions , which now numbered more than
10 ,000 acres.
J. Fiddes reported on the April 22, 1981 Los Altos Board of
Realtors luncheon, noting that the person who would receive
the Community Service Award had not yet been selected. B. Green
suggested that a District representdtive attend the luncheon
if the recipient were being honored for work relating to the
environment or the parks and recreation field.
Meeting 81-8 .,age Eleven
H. Grench stated that the members of the Board had received
copies of the District's financial statements for the year
ended June 30 , 1980 and the auditor's report.
XI. CLAIMS
Motion: B. Green moved the approval of the revised claims , C-81-7 ,
dated March 25, 1981. E. Shelley seconded the motion.
The motion passed unanimously.
XII. CLOSED SESSION
The Board recessed to Closed Session at 10 : 20 P.M.
XIII. ADJOURNMENT
The Board reconvened to adjourn at 11:02 P.M.
Jean H. Fiddes
District Clerk
-7
1. �h 25, 1981
Meeting 81-8
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
Amount Name Desciffiption
1950 $ 400. 00 Mr. & Mrs . Jens-Karl Kroijer Deed of Trust Payment-March
1951 47. 70 Alvord and Ferguson Ranger Uniforms
1952 733. 00 Kathy Blackburn Contract Services-March
1953 216. 84 CA Water Service Co. Utilities
1954 194. 90 Communications Research Radio Maintenance
1955 302. 46 The Dark Room Photography
1956 36. 70 Robert McKibbin Tuition and Books-West Valley
College
1957 29.44 John Escobar Tuition and Books-West Valley
College
1958 25.47 Ewert' s Photo Duplicate Slides for Slide Show
1959 40. 00 Excel Pool and Patio Pool Maintenance
1960 50. 00 Friends of Filoli Tours Docent Training-House Tour
1961 48. 00 General Telephone Directory Telephone Listing
L962 562. 20 First American Title Title and Escrow Fees-Smith
Insurance Co. Property
L963 553. 60 Herbert Grench Out-of-Town Meeting Expense
L964 627. 79 Lawrence Tire Service,Inc . District Vehicle Expense
L965 14.66 Los Altos Stationers Office Supplies
966 138. 00 German Travel Service Out-of-Town Meeting Expense-
Eric Mart
-967 221 . 01 Eric Mart Out-of-Town Conference Expense
-968 134. 05 Greg Muhonen Field Mapping-Windy Hill
.969 374. 78 William P. Murphy Santa Cruz County Taxes-Longridg,
.970 253. 82 Orchard Supply Hardware Field Supplies and Site Repair
-971 65. 64 PG and E Utilities
-972 52. 72 Pitney Bowes Postage Meter
-973 180. 00 Rogers ,Vizzard, and Tallett Legal Fees
-974 30. 67 San Jose Art Drafting Supplies
.975 278. 40 Times Tribune Advertisement-Secretary
.976 278. 00 US Rentals District Vehicle Expense
977 281. 10 United California Bank Note Paying Service
.978 77. 39 Union Oil District Vehicle Expense
-979 20. 00 Valley Title Co. Preliminary Title _Report
C-81-7 - Page 2
March 25, 1981 Revised
Meeting 81-8
kmount Name Description
1980 $ 123.45 Rich Voss Trucking, Inc. Site Maintenance
1981 386. 41 Xerox Corporation Maintenance and Payment on
Purchase Contract
1982 700. 00 U.S . Postmaster Postage
1983 2, 955 . 38 Georgia Pacific Corp . Fencing Material-various sites
1984 765. 00 Western Title Insurance Co . _ Title and Escrow Fee-Dieterich
985 72. 60 Steven D. Sessions Private Vehicle Expense
L986 54..46 Del Woods Out-of-Town Meeting
987 6. 98 Graphicstat, Inc. Map
988 349 . 80 Signs of the Times Signs
989 250. 00 Toyon Landscape Architecture Landscaping--Montebello
990 130. 57 Mintons Site Maintenance
991 325. 00_ East Bay Regional Park Training and Seminars -
District Kathy Blackburn
992, 10. 64 Victor° s Shop Supplies
993 3, 746_. 07 Title Insurance and Trust Co. Coplon Closing
994 922. 69 Pete Ellis District Vehicle Expense
995 5. 30 Stanley Norton Telephone and 'Copy Expenses-Fe' :
1996 17 . 00* Charlotte MacDonald Private Vehicle Expense
997. 170. 14 Petty-Cash Postage,Meal Conferences ,Priva ..;
Vehicle Expense,Photos , Office
Supplies,Film Processing and
Art Supplies .
-997 123. 40 Craig Britton. Out-of-Town Meeting Expense
Meeting 81-10
V
All
Xtl I
Ih0 0-t-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
SPECIAL MEETING
BOARD OF DIRECTORS
April 11, 1981 9 : 00 A.M.
375 Distel Circle, Suite D-1
Los Altos , California
There will be a Special Meeting of the Board of Directors of
the Midpeninsula Regional Open Space District on Saturday,
April 11, 1981, at 9: 00 A.M. at the District' s
office, 375 Distel Circle, Suite D-1, Los Altos, California.
The purpose of the meeting is to meet with representatives
and members of the Board of Directors of the Golden Gate
Council of American Youth Hostels, Inc. to exchange infor-
mational about the two organizations and to discuss the
hostel needs of the Golden Gate Council in relationship to
the District properties.
Herbert A.Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop.Edward G.Shelley,Harry A Turner,Daniel G Wendin
Board of Supervisors 130ARD OF SUPERVISORS
EDWARD J. BACCIOCCO,JR.
ARLEN GREGORIO
WILLIAM J. SCHUMACHER
K.JACQUELINE SPEIER
JOHN M.WARD
Minerva L.Takis
:`t :;;� CLERK OF THE BOARD
COUNTY OF SAN M146TLEO
COUNTY GOVERNMENT CENTER * REDWOOD CITY CALIFORNIA 94063 (415)364-5600 EXT. 4566
March 31 , 1981
Midpeninsula Regional Open Space District
375 Distel Circle, Suite D-1
Los Altos, Ca 94022
Gentlemen:
In conjunction with the State Solid Waste Management Board's "Great California
Resource Rally" week, the County of San Nateo, as part of its Litter Control
Program, is sponsoring a bus tour to two of the Bay Area's most progressive solid
waste engineering sites. The tour will take place on Wednesday, April 22, 1981 ,
between the hours of 9:00 a.m. and approximately 2:00 p.m.
Proper disposal of solid waste is an increasingly critical problem. We urge you
to attend this tour so that you and your city may find efficient and, possibly,
profitable ways of dealing with this growing problem.
The tour will leave the Millbrae Library at 9:00 a.m. sharp, and tour the Disposal/
Transfer Station in Brisbane (which handles all of San Francisco's solid waste) and
the new county-wide curbside recycling program in Marin County. The tour will be
"guided" by Terry Trumbull , Chairperson of the State of California Solid Waste
Management Board. Box 'lunches will be available for approximately $41.00.
To reserve a seat on this bus, please contact Ranger Ron Weaver, County Lit-k*-.er
Coordinator, at San Mateo County Parks and Recreation, 364-5500, extension 2486.
It is bound to be a most informative day.
Sincerely,
Jo,`
o Ward, Chairman
, and of Supervisors
J`A': b 1
R-81-13
V (Meeting 81-9
April 8 , 1981)
oee
i"Mm
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
April 1, 1981
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: C. Britton, Land Acquisition Manager
SUBJECT : Joint Acquisition Project with the Town of Los Gatos for
Los Gatos Creek Park (Lands of the California Province of
the Society of Jesus)
Background: On October 11, 1978 , you approved a conceptual plan
for a cooperative project with the Town of Los Gatos for acquisition
of the proposed Los Gatos Creek Park (see report R-78-34, dated
October 5, 1978) . Since that time the Town of Los Gatos, with the
assistance of District staff, has been working with the Novitiate
representatives to acquire this property. The two agencies have
had the property appraised, made the required written offers, and
held numerous meetings in an attempt to conclude this acquisition
project. After almost three years of work, we have been advised
that the property is "not for sale. " The critical nature of this
parcel, including its proximity to existing recreational facilities ,
highly visible topography, and location in relation to existing
regional and local trails , require that further action be taken.
Because the project was initiated by the Town of Los Gatos , and it
is the Town' s Land and Water Conservation Fund project, we believe
there is a willingness on their part to carry this project to a
conclusion, including the institution of eminent domain proceedings,
if necessary. The District has been a partner in this project and it
is now necessary to formalize our participation, if this project is
to proceed.
Discussion: Attached is a proposed Joint Powers Agreement that de-
tails the conditions and responsibilities under which the Town of Los
Gatos and the District would purchase, develop, maintain, and operate
this regional park and open space preserve. Among other things, the
conditions of the agreement include :
1) Town to complete acquisition of the property utilizing the
powers of eminent domain if necessary.
2) Town to annex the property after acquisition to facilitate
management, maintenance, and patrol of the property.
3) District to operate and patrol the site as long as the
property remains open space.
Page two
4) Town to assume all management responsibilities if the
property is ever converted to active park use.
5) District to provide for planning and development of open
space and low intensity recreational use, with review and
financial assistance from Town.
6) Equal recognition and publicity for both the District and
Town.
7) Equal sharing of all acquisition costs, including, but not
limited to: legal fees, appraisal fees , costs of escrow,
title insurance, and the like.
8) Fee title to be held by Town; District to have Park,
Recreation, Scenic and Open Space Easement over entire
property. Exact wording of the Easement to be agreed upon
at a later date.
9) Details of funding, including grant reimbursement.
If you approve this Joint Powers Agreement, the next step would be
the approval of the Joint Powers Agreement by the Town of Los Gatos.
Following approval by both agencies, the Town would take immediate
steps, with the assistance of the District staff, to assure public
acquisition of this critical parcel. The Novitiate buildings and
surrounding developed area are not included in the project.
Recommendation: It is recommended that you adopt the accompanying
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Approving and Authorizing Execution of a Joint
Powers Agreement for Purchase of Real Property, and Authorizing
General Manager to Execute Any and All Other Documents Necessary
or Appropriate to Closing of the Transaction (Los Gatos Creek Park) .
I believe that this complicated project, involving a Federal Land and
Water Conservation Fund grant and a high level of cooperation between
the District and the Town of Los Gatos, is nearing fruition. It will
be an achievement for the benefit of present and future residents of
the area of which all parties concerned can be proud.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING AND AUTHORIZING EXECUTION OF A JOINT
POWERS AGREEMENT FOR PURCHASE OF REAL PROPERTY,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE
TO CLOSING OF THE TRANSACTION (LOS GATOS CREEK
PARK) .
The Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby approve and authorize
execution of the Joint Powers Agreement for the purchase of real
property between the Town of Los Gatos 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
other appropriate officers to execute the agreement on behalf of
the District.
Section Two. The General Manager of the District shall
cause to be given appropriate notice of acceptance to Town. The
General Manager further is authorized to execute any and all other
documents necessary or appropriate to the closing of the transaction.
Section Three. The General Manager of the District is
authorized to expend up to $35, 000 to cover the cost of legal fees,
appraisal fees, expert witness fees, title insurance, escrow fees,
and other miscellaneous costs related to this transaction, as pro-
vided for in said Joint Powers Agreement.
JOINT POWERS AGREEMENT
This AGREEMENT made this day of 1981 by and
between the Town of Los Gatos, a political subdivision of the State
of California, hereinafter referred to as "TOWN" , and the Midpeninsula
Regional open Space District, a public District, hereinafter referred
to as "DISTRICT" .
W I T N E S S E T H
RECITALS:
A. TOWN and DISTRICT are "public agencies" within the meaning
of government Code Section 6502, and desire to enter into a Joint
Exercise of Powers Agreement pursuant to the provisions of California
Government Code Section 6500 et seq. , for the reasons and upon the
basis hereinafter set forth.
B. TOWN has received a fully executed Land and Water Conserva-
tion Fund Project agreement for the purchase of certain real property
located within an unincorporated area of the County of Santa Clara,
California, adjacent to the southerly TOWN limits; said property,
hereinafter called "Los Gatos Creek Park" or "Park" or "Property" ,
consists of 300 acres, more or less , and is more particularly described
in exhibit "A" and outlined in red on the map labelled exhibit "B" ,
both as attached hereto and incorporated herein by this reference.
C. The acquisition of said Park is of mutual benefit to the
parties hereto and to the public in that said acquisition as implement-
ed by this agreement will serve to protect valuable public open space
and recreation lands in perpetuity.
D. The purpose of this agreement is to provide for funding to
purchase Los Gatos Creek Park for open space and recreation purposes
by TOWN and DISTRICT, to provide for acquisition and legal services ,
to establish the final vesting of title to said property, and to
designate the responsibility for the management and maintenance of
said Park for recreation and open space use.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. PROPERTY. TOWN and DISTRICT agree to participate jointly in the
purchase of Los Gatos Creek Park, being legally described in said
exhibit "A" as attached hereto.
2. ACQUISITION. It is agreed by the parties hereto that TOWN shall
be responsible for all acquisition activities, including, but
not limited to, the initiation of eminent domain proceedings . At
all times during the acquisition process DISTRICT staff and
expertise will be available to TOWN. It is further agreed, that
in the event it is necessary to acquire said property by exercise
Page 2
of the power of eminent domain, TOWN shall utilize the services
of the firm of Rodgers, Vizzard and Tallett through DISTRICT,
and DISTRICT will assist and coordinate such activities . Staff
time and overhead costs of both TOWN and DISTRICT shall be
provided at no cost to the other party. Any and all other costs
of acquisition, including, but not limited to : legal fees,
expert witness fees, appraisal and engineering costs and other
out-of-pocket expenses shall be shared equally by the parties
hereto.
3. PURCHASE TERMS. TOWN and DISTRICT agree to share equally (50%/50%)
the total purchase price as determined by negotiated purchase,
negotiated settlement, or final order of condemnation, or other
means, subject to the terms of paragraph 16 hereinbelow, in the
following manner:
A. DISTRICT shall contribute and deposit in escrow (or with the
court, if applicable) 500 of the full purchase price together
with all necessary documents for closure within 30 days after
notification from TOWN that it is ready, willing and able to
close escrow in accordance with this agreement; or within 10
days after notification from a court having competent juris-
diction that it has determined the amount of just compensation
necessary to acquire the property by Final order of Condemna-
tion.
B. TOWN shall contribute and deposit in escrow (or with the court,
if applicable) 500 of the full purchase price together with
all necessary documents for closure within 30 days after
notification from DISTRICT that it is ready, willing and able
to close escrow in accordance with this agreement; or within
10 days after notification from a court having competent
jurisdiction that it has determined the amount of just compen-
sation necessary to acquire the property by Final Order of
Condemnation.
4. GRANT FUNDS. It is understood that TOWN anticipates receiving a
Federal financial assistance grant of Land and Water Conservation
Funds in the maximum amount of Four Hundred Sixty Five Thousand
Six Hundred Fifteen and N01100 dollars ($465, 615) , with the
possibility that additional Land and Water Conservation Funds may
be awarded, to reimburse the parties for a portion of the full
purchase price. It is hereby agreed that the net proceeds from
said Grant and any additional amounts as may be awarded from time
to time, after deduction of the State surcharge, shall be divided
equally between TOWN and DISTRICT. (At the current State surcharge
rate of 1 . 60 of the total project amount, each party would receive
a $229, 144 reimbursement of the current grant amount. ) DISTRICT' S
share shall be remitted by TOWN within ten (10) days of receipt
of the net grant reimbursement from the Federal Government, through
the State of California.
Page 3
5. CLOSE OF ESCROW AND COSTS . It is agreed by the parties hereto that
escrow shall close in accordance with paragraph 3 hereinabove
through an account with First American Title Guaranty Company,
675 North First Street, San Jose, California, escrow Number
S.J. 1-5688. It is further agreed that all escrow fees and title
insurance costs, if required as a part of this transaction/ shall
be shared equally by TOWN and DISTRICT.
6. TITLE. Fee title to said property shall vest in TOWN, subject to
existing easements, encumbrances and other clouds on the title to
said property as acceptable to both parties. Concurrently with
close of escrow, as abovementioned, TOWN shall convey or cause
to be conveyed to DISTRICT a recorded Park, Recreation, Scenic and
Open Space Easement (hereinafter "Easement") upon, over and across
said property as described in said Exhibit "A" . The exact language
of said Easement shall be determined and agreed upon by mutual
consent of the parties hereto, prior to close of escrow. TOV.-N
shall furnish DISTRICT a duplicate copy of any policy of title
insurance and escrow closing statement.
7. DEDICATION. Upon acquisition of the property by the parties, it
shall be deemed to be dedicated as public park land and its use
may be discontinued or abandoned or the property disposed of only
pursuant to the procedures provided in article 2 , chapter 9 , part
2, dividion 3, title 4 (commencing at Sec. 38440) of the Govern-
ment Code; and Further the District shall officially dedicate
its interests or rights in said property pursuant to sec. 5540 of the
Public Resources Code of the State of California.
8. ANNEXATION. After close of escrow as herein described, TOWN shall
immediately take any and all steps necessary to annex into the city
limits of said TOWN all of said property to better provide for and
accomplish the joint planning, development, maintenance and
patrol of said property. After annexation, TOWN shall provide
primary police response for local emergency calls at or upon the
property, and routine perimeter patrol at all times.
9. HOLD HARMLESS. It is agreed that T01114 shall defend, hold harmless
and indemnify DISTRICT, its officers, agents and/or employees from
any and all claims for injuries to persons or damage to property
which arise out of the provisions of this agreement and which
result from negligent acts and/or ommissions of TOWN and its
officers, agents and/or employees .
It is further agreed that DISTRICT shall defend, hold harmless
and indemnify TOWN, its officers , agents, and/or employees from
any and all claims for injuries to persons or damage to property
which arise out of the provisions of this agreement and which
result from negligent acts and/or omissions of DISTRICT and its
officers, agents and/or employees.
Page 4
In the event of the concurrent negligence of DISTRICT, its
officers, agents and/or employees and of TOWN, its officers ,
agents, and/or employees then the liability for any and all
claims for injuries or damage shall be apportioned according
to the "California Theory of Comparative Negligence" as present-
ly in effect or as may hereafter be modified.
10. OPEN SPACE USE.
A. DEFINED. Any and all public facilities which might be
developed or enhanced on said property, which would be
considered by the parties hereto to be open space or low
intensity recreation use, include by way of illustration,
but not limitation:
1) Unpaved pedestrian hiking trails
2) Unpaved equestrian trails
3) Casual picnicking
4) Kite flying
5) Wildlife observation
6) Meditation
7) Nature study
8) Unpaved parking areas
9) Photography or landscape painting
10) Primitive backpack camps
B. DEVELOPMENT. DISTRICT shall plan, design and develop such
facilities as are reasonably necessary for public use and
enjoyment of said Property for open space or low intensity
recreation as defined above. TOWN shall have the right of
design review and approval privileges on any and all open
space development. Any and all open space development shall
be funded equally by TOWN and DISTRICT.
With regard to open space development of said property, an
application for design review and approval shall be made by
DISTRICT to TOWN.
The application shall include a site plan showing the location
of all proposed trails, planted or landscaped areas, proposed
grading or other development or improvements, and indicating the
proposed uses or activities on the property.
Within 60 days from the filing of the application with TOWN,
TOWN shall review the site plan and drawings, and shall make
its recommendations, changes or approval based upon the following
objectives :
(1) To ensure construction and operation in a manner that will
be orderly, harmonious, and compatible with existing or
potential uses of adjoining or nearby sites.
(2) To ensure that sound principles of environmental design
and ecological balance shall be observed.
(3) To ensure adherence to the terms, conditions and purposes
of this agreement and the definition of open space of low
intensity recreation use as defined above.
Page 5
B. MANAGEMENT. Except as provided in clause 8 herein, DISTRICT
shall be responsible for all oeprations, patrol and mainten-
ance of said Los Gatos Creek Park as long as said property is
developed and operated for open space and low intensity
recreation purposes as defined hereinabove.
11. PARK USE.
A. DEFINED. Any and all public facilities which would be consid-
ered by the parties to be Park or high intensity recreation
use, as distinguished from open space or low intensity use
as described in paragraph 10 herein , include by way of illustra-
tion, but not limitation:
1 ) Playground equipment
2 ) Picnic facilities
3 ) Improved campgrounds and campsites
4 ) Paved bicycle trails
5 ) Campfire pits or areas
6 ) Historical or memorial monuments
7 ) Paved roads
8 ) Ranger or caretaker' s residence
9 ) Swimming pools
10 ) Tennis courts
11 ) Paved parking areas
12 ) Sports fields
B. DEVELOPMENT Any and all park facilities as above defined,
shall be planned, designed, and developed only by TOWN,
at its sole cost and expense, but with the right of design
review and comment privileges by DISTRICT, and in accordance
with the terms and conditions of the Park, Recreation, Scenic
and Open Space Easement described in Paragraph 6 hereinabove.
C. MANAGEMENT. TOWN shall assume all management, operation
patrol and maintenance of said Park, and relieve DISTRICT
of any and all such functions as to all of said Property,
at such time as TOWN commences development of any Park
facilities as above defined.
12 . ORDINANCES. As long as said property is developed and used as
open space as defined herein, both TOWN and DISTRICT ordinances
shall apply and be enforced. At such time as TOWN may choose to
develop said property for Park use as defined herein (and limited
by said Easement in favor of DISTRICT) , DISTRICT ordinances will
no longer be applicable to said property, except as specifically
adopted and enforced by TOWN.
13. SALE AS SURPLUS. It is understood and agreed that in the event
any or all of said property is declared free of its dedicated use
(see paragraph 7) and sold by TOWN, with the mutual consent of
DISTRICT, as will be provided for in the Easement described in
paragraph 6 hereinabove, the proceeds of any such sale shall be
equally shared by TOWN and DISTRICT.
Page 6
14. INCOME. It is understood and agreed that TOWN shall maintain,
on a fiscal year basis, adequate accounting records of any
and all income generated from said Park as described in exhibit
"A" . It is further agreed that any net income from the use or
development of said Los Gatos Creek Park (after subtracting
identifiable TOWN costs of promoting, administering and managing
said areas of development) shall be shared by the parties hereto
according to the following formula: the net income, as above
described, shall be multiplied by a fraction consisting of all
capital costs, excluding grant funds, but including land and
improvements, as the denominator; and the DISTRICT contribution
to all such capital costs as the numerator. Said net income
shall be computed separately for each fiscal year and shall be
paid by TOWN to DISTRICT by August 31 following the end of each
fiscal year, and shall continue annually until the DISTRICT has
received a cumulative amount equal to DISTRICT' s total contribu-
tion to this project.
15. PUBLICITY. TOWN and DISTRICT shall share equal recognition on all
open space, Park or public facility signs, brochures and all
other public information about the site.
16 . LIMITATION ON PARTICIPATION. It is hereby agreed that any offers
to purchase said property shall only be tendered by the written
mutual consent of the parties hereto, and either TOWN or DISTRICT
may withdraw from the acquisition, should the final purchase price
of said property be in excess of the highest offer so tendered.
If either party hereto elects to withdraw from the acquisition
pursuant to this paragraph, and the other party concurs, any
costs of abandoning the acquisition proceedings shall be shared
equally between the parties, and this agreement shall be deemed
terminated; provided that if the other party elects to proceed
with the acquisition, the withdrawing party shall nevertheless
be liable to participate to the extent of one-half of the amount
of said highest offer and its share of the costs associated there-
with, and this agreement shall remain in full force and effect.
17. AMENDMENTS.- This agreement may be amended in writing at any time
by mutual consent of the parties hereto.
18, BINDING ON SUCCESSORS. The provisions hereof shall inure to the
benefit of and bind the successors and assigns of the parties
hereto.
TOWN OF LOS GATOS MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
BY: BY:
Mayor , Town of Los Gatos President, Board of Directors
ATTEST: ATTEST:
Town Clerk - _ District Clerk
EXHISIT
page of
All that certain real property situated in the County of Santa Clara, State
of California; described as follows:
PARCEL ONE:
All that portion of the Northeast Quarter (NE 1/4) of Section Twenty-Nine
(29) in Township Eight South, Range 1 West, M.D.B. & M. , lying Easterly of
the Easterly line of Assessment Lot No. 79, as said Easterly line is shown
upon that certain Map entitled, "Map No. 72 San Jose Water Works Lands",
which Map was filed on February 26, 1944 in Book 6 of Maps, at page 30,
Santa Clara County Records.
EXCEPTING THEREFROM all that portion thereof lying 16.50 feet on each side
of the center line of Assessment Lot No. 70-B as said center line is described
and shown upon that certain Map entitled, "Map No. 81 San Jose Water Works
Lands", which Map was filed for record in the Office of the Recorder of the
County of Santa C1ara,.State of California, on March 1, 1944 in Book 6 of.
Maps, at page 35.
EXCEPTING THEREFROM: All that portion thereof lying Westerly of the high water
line of the east bank of the Los Gatos Creek."
PARCEL 'TWO:
LOTS 1, 2, 13 and 14 in Section 28, Township 8 South, Range 1 West, M.D.B. & M.
EXCEPTING THEREFROM all that portion thereof lying 16.50 feet on each side of
the center line of Assessment Lot No. 70-B as said center line is described
and shown upon that certain Map entitled, "Map No. 81 San Jose Water Works Lands",
which Map was filed for record in the Office of the Recorder of the County of
Santa Clara, State of California, on March 1, 1944 in Book 6 of Maps, at page 35.
ALSO EXCEPTING THEREFROM:
That portion thereof lying within the bounds of the parcel of land described in the
deed to Noviate of Los Gatos, by instrument recorded February 23, 1972 in Book 9715,
Official Records, Page 309, as follows, to wit:
COMMENCING at the section corner common to Sections 20, 21, 28, and 29 of Township
8 South, Range 1 West, Mount Diablo Base and Meridian.
thence S. 89' 15` E., on and along the section line common to said sections 21 and
28, a distance of 880 feet, to the true point of commencement of the parcel of land herein
described,
thence from said true point of commencement, Southerly, at right angles to said
section line, a distance of 325 feet,
thence at right angles, Easterly, (and parallel to said section line), a distance of
150 feet,
thence at right angles, Southerly, a distance of 310 feet,
thence at right angles, Easterly, (and parallel to said section line), a distance
of 185 feet,
Continued/
E"OKHMIT A
Page of
thence at right angles, Northerly, a distance of 210 feet,
thence at right angles, Easterly, (and parallel to said section line), a distance
of 55 fidet,
thence at right angles, Northerly, a distance of 425 feet to a point in the said
section line common to said Sections 21 and 28.
thence N. 89* 15' W., on and along said section line, a distance 'of 390 feet, to the
true point of commencement, containing 4.35 acres, and being a portion of Lot 1
(NW 1/4, NW 1/4) of said Section 28.
ALSO EXCEPTING FROM PARCEL TWO ABOVE DESCRIBED :
A portion of the NW 1/4 of Section 28 , of Township 8 South , Range 1
West, M.D. B. & M. , described as follows :
COMMENCING at the section corner common to Sections 20 , 21 , 28 and 29 of
Township 8 South, Range 1 West , Mount Diablo Base and Meridian,
thence S . 890 15 ' E. , on and along the section line common to said
sections 21 and 28 , a distance of 1 , 270 feet TO THE TRUE POINT OF
BEGINNING;
thence from said true point of beginning , and continuing on and
along said section line common to said Section 21 and 28 , S . 890 15 ' E . ,
1, 560 feet , more or less to the 1/4 section corner standing in said
section line and running North and South through the center of said
Section 28 ,
thence on and along said 1/4 section line South 635 feet to a point ,
thence at right angles to said quarter section line and parallel to
said section line running between said Section 21 and 28 , Westerly
1, 615 feet , more or less to the Southeasterly corner of that certain
parcel of land described in the Deed to Novitiate of Los Gatos , by
instrument recorded February 23 , 1972 in Book 9715 , Official Records ,
at page 309 ;
thence from said Southeasterly corner , Northerly along the Easterly
boundary of said parcel of land 210 feet ,
thence at right angles , Easterly (and parallel to said section line)
55 feet ,
thence at right angles Northerly 425 feet to the true point of beginning
Said parcel contains 23 acres , more or less .
ALSO EXCEPTING FROM PARCEL ONE AND PARCEL TWO ABOVE DESCRIBED:
That portion thereof lying within the bounds of the parcel of land described
in the deed to Town of Los Gatos, by instrument recorded October 9, 1967 in
Book 7885, Official Records, page 241, as follows, to wit:
"A portion of Sections 20, 21, 28 and 29 of Township 8 South, Range 1 West*,
M.D.B. 6 M., described as follows:
A
Pa 3 of
Beginning at a 3/4 inch iron pipe set at the Southerly terminus of the Easterly
line of Jones Road, 40 feet wide, as shown on the Map of Tract N. 554, Stonehedge,
filed July 18, 1949, Book 24 of Maps, page 18, records of Santa Clara County,
said point of beginning also being the Southwesterly corner, of Lot 1, as shown
on said Map;
thence N. 89' 39' W. , along the Southerly terminus of said Jones Road and
the Southerly line of Lot A, as shown on the Map of Canyon View Terrace, filed
November 19, 1927, Book "W" of Maps, pages 22 and 23, Santa Clara County Records,
364.06 feet to a 2" x 2" stake set at the Southeasterly corner of Lot 7, as
shown on the Map of Tract No. 330, Arroya Vista, filed July 8, 1946, Book 11 of
Maps, page 14, records of Santa Clara County;
thence N. 89' 36' 42" W., along the Southerly lines of Lots 7 and 8 of said
Tract No. 330, Arroya Vista, 163.88 feet to a one inch iron pipe;
thence along the Easterly line of the strip of land reserved for the old
flume of the Los Gatos Manufacturing Co. , the following courses and distances:
S. 9' 54' 32" E. , 232.98 feet to a one inch pipe;
and S. 7' 35' 28" W., 95.04 feet to a one inch iron pipe set at the most
Northerly corner of the 0.117 acre parcel of land conveyed to the State of
California, by Deed recorded September 28, 1954, Book 2969 Official Records,
page 49;
• thence along the Easterly line of said 0.117• acre parcel of land the following
courses and distances: '
S. 17' 13' 23" E., 34.85 feet to a C.H.C. monument and •S. 17' 491 •21"
W., 176.84 feet to a one inch iron pipe set at the most Southerly corner
thereof;
thence S. 4' 46' 14" E., 171.90 feet;
thence S. 80' 18' E. 255.48 feet to a one inch iron pipe;
thence N. 26' 13' 19" E. 34.88 feet to a one inch iron pipe;
thence N. 38' 00' 19" E. 29 feet to a one inch Aron pipe;
thence N. 28' 55' 19" E. 93.27 feet to a one inch iron pipe;
thence N. 27. 25' 19" E. 63.59 feet to a one inch iron pipe;
thence N. 33' 40' 19" E. 28.42 feet to a one inch iron pipe;
thence N. 37' 15' 19" E. 40.17 feet to a one inch iron pipe;
thence N. 67' 27' 19" E. 11.23 feet to a one inch iron pipe;
thence N. 30' 25' 19" E. 73.55 feet .to a one inch iron pipe;
thence N. 35' 05' 19" E. 17.95 feet to a one inch iron pipe;
thence N. 43' 55' 19" E. 46.15 feet to a one inch iron pipe;
thence N. 37' 40'•19" E. 13.93 feet to a one inch iron pipe;
thence N. 23' 55' 19" E.. 28.35 feet to a one inch iron pipe;
thence N. 18' 05' 19" E. 31.06 feet to a one inch-iron pipe;
thence N. 21' 35' 19" E. 18.04 feet to a one inch iron pipe;
thence N. 35' 40' 19" E. 15.16 feet to a one inch iron pipe;
thence N. 46' 25' 19" E. 14.35 feet to a one inch iron pipe;
thence N. 51' 35' 19" E. '47.55 feet to a one inch iron pipe;
thence N. 46' 40' 19" E. 25.72 feet to a one inch iron. pipe;
thence N. 40' 15' 19" E. 51.30 feet to a one inch iron pipe;
thence N. 42' 40' 19" E. 63.83 feet to a one inch iron pipe;
thence N. 46`50' 19" E. 26.84 feet to a one inch iron pipe;
thence N. 35' 55' 19" E. 9.32 feet to a one inch iron pipe;
.thence N. 28. 15' 19" E. 9.61 feet to a one inch iron pipe;
thence N. 20' 25' 19" E. 69.18 feet to a one inch iron pipe;
thence N. 12' 30' 19" E. 9.73 feet to a one inch iron pipe;
thence N. 6' 05' 19" E. 23.58 feet to a one inch iron pipe;
which bears S. 89' 34' 43" E. from the point of beginning;
Ejlf+l IDri l l
Page of
thence N. 89' 34' 43" W. along the East prolongation of the Southerly line
of Lot 1 as shown on said Map of Tract No. 554, Stonehedge, 55.86 feet to a
3/4 inch iron pipe set at the Southeast corner of *said Lot 1;
thence N. 89' 34' 43" W. along said Southerly line 150 feet to the point of
beginning and designated as 8.000 acres, more or less, on the Record of Survey
Map filed June 22, 1967, Book 224, Maps, page 21, Santa Clara County Records.
EXCEPTING THEREFROM: All that portion thereof lying Westerly of the high water
line of the east bank of the Los Gatos Creek."
PARCEL THREE:
THAT PORTION OF THE SOUTHEAST QUARTER (SE 1/4) .of Section 29 in Township 8
South, Range 1 West, M.D.B. & M., described as follows:
Beginning at the 1/4 section corner standing in the Section line running
between Sections 28 and 29 and in the Township and Range aforesaid, and
running thence South along said Section line 591.36 feet to a point
marked "H.W." (being the common corner of the land described herein and
the lands formerly of Humphrey Estate Inc.)
thence West along the Northerly line of said Humphrey land 724.02 •feet,
more or less, to a point of intersection with the Easterly line of Assess-
ment Lot No. 15, as said Lot and line are shown and described upon that
certain Map entitled, "Map No. 71 of San Jose Water Works Land", which Map
was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on February 26, 1944 in Book b of Maps, at
page 29, records of said County;
thence Northerly along said Easterly line of Assessment Lot No. 15, to
the point of intersection of said Easterly line with the 1/4 section line
running East and West through said Section 29;
thence Easterly along the last mentioned line 736.56 feet, more or less,
to the point of beginning.
PARCEL FOUR:
LOTS 3, 4, 5 and 6 in Section 28, Township 8 South, Range 1 West, M.D.B. & M.
TOGETHER WITH the right to construct and use a road or roads across Parcel
1A described below, for access to and from the remaining property of the
grantors located Northerly of said parcel to the new two-way road to be built
by the Grantee on said parcel, as reserved in the Deed from Novitiate of -
Los Gatos, to Santa Clara Valley Water Conservation District, dated September
20, 1951, recorded September 26, 1951. in Book 2290 of Official Records at
page 207.
1A. EXCEPTING THEREFROM that portion thereof described in the Deed from
Novitiate of Los Gatos, to Santa Clara Valley Water Conservation District,
recorded September 26, 1951 in Book '2290 of Official Records at page 207,
described as follows:
BEGINNING at a point on the Section line between Sections 28 and 33, Township
8, South, Range, l West, M.D.B. & M., said point lying South 88° 38' East
1239.92 feet from Section corner 29/28 T 8 S R 1 W; M.D.B. & M.;
32/33
thence leaving said point of beginning the following courses and
distances:
North 23° 43' East, 537.35 feet;
North 60° 29' East, 664.95 feet;
North 69° 29' East, 149.05 feet;
North 85° 16' East, 640.55 feet to a point on the Easterly boundary
of Lot 6 in Section 28, T 8 S. R 1 W, M.D.B. & M.;
thence along said Lot line South 0° 05' West, 962.17 feet to the
Southeast corner of the Southwest 1/4 of Section 28, T 8 S, R 1 W, M.D.B.
& M;
thence along the section line between Sections 28 and 33, T 8 S R 1 W.,
M.D.B. & M, North 88° 38' West, 1571.78 feet to the point of beginning.
CONTAINING 26.47 acres, more or less, and being a part of Lots 4 and 6 in
Section 28, T 8 S R 1 W, M.D.B. •& M.
2A. ALSO EXCEPTING THEREFROM that portion thereof described in the Deed
from Novitiate of Los Gatos, to Santa Clara Valley Water Conservation
District, recorded November 7, 1952 in Book 2522 of Official Records at
page 420, described as follows:
Beginning at the section corner common to Sections 28, 29, 32 and 33,
T 8 S R 1 W., M.D.B. & M;
thence Northerly and along the Section line, North and South between
Sections 28 and 29, T 8 S R 1 W., M.D.B. & M.
North 654.66 feet to the point of intersection of said last mentioned
section line with the center line of a 20 foot right of way hereinbefore
conveyed to Santa Clara Valley Water Conservation District; -
. thence leaving said mentioned section line, North 850 04' East 2181.91
feet and North 85° 16' East 640.55 feet to a point on the 1/4 section line
running NOrth and South through the center of Section 28, T,8 S R 1 W.,
M.D.B. & M;
thence Southerly and along the last mentioned 1/4 Section line, South
0° 05' West 962.17 feet to the 1/4 section corner on the South boundary
of Section 28, T 8 S R 1 W. , M.D.B. & M; .
thence Westerly and along the section line running East and West between
sections 28 and 33, T 8 S R 1-Y., M.D.B. & M;
North 88° 38' West 2811.60 feet to the place of beginning.
CONTAINING 52.232 acres of land, more or less.
EXCEPTING THEREFROM -Parcel 1 of lands conveyed herebefore to Santa Clara
Valley Water Conservation District, by Deed recorded September 26, 1951
in Book 2290, Official Records, page 207.
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M-81-39
V (Meeting 81-9
ee April 8 , 1981)
•amw
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
April 1, 1981
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Update and Proposed Action on the District' s
Legislative Program
Introduction: Considerable progress has been made since you
adopted the District' s Legislative Program for 1981-1982 .
Assemblyman Byron Sher has introduced AB 597 at the District' s
request. The Monterey Peninsula Regional Park District (MPRPD)
supports that legislation and has asked that we consider some
amendments (see their letter of February 13 , 1981 attached) .
The East Bay Regional Park District (EBRPD) is also sponsoring
legislation, SB 353 and SB 354 , which amend Public Resources
Code sections governing regional park and open space districts.
These bills were recently transmitted to you. Senate Bill 353
is intended to aid in the enforcement of district rules and
regulations. Senate Bill 354 would allow district group dental
and health plans to be available to board members (not otherwise
eligible for a group plan) under terms and conditions adopted
by the board (for example, in lieu of salary as you had previously
discussed) .
Discussion: Your Legislative Committee has met twice, most
recently on March 25 , since you adopted the Legislative Program
and has endorsed the following positions (the priorities were
not reviewed by the Committee) :
1. AB 597 amendments
(a) , Simplification of election notice requirements was
suggested by the Registrar of voters :
Sec. 5529 . Publication or posting of notice of subsequent
elections.
At Zeast ten days before the date fixed for the district
eZection notice Netiee of elections eZection shall be given
by publication once a day far a least seven days in one or
more newspapers of general circulation published and circu-
lated at least six days a week in the district; er anee a
week for twe weeks in same newspaper 15t115+i5heel less than
six days a week in the district, and ene insertion edeh
week far twe 5tleeeedinej weeks in a stiff 4-eient publiedtien
in newspapers pu]51i5hed less than 94-m days a week. In
M-81-39 Page two
districts where no such newspaper is published notice shall
be posted in three public places for two successive weeks.
No other notice of an election need be given. The notice
shall refer to the wards as previously established by
resolution or ordinance of the board of directors.
Reason: This amendment would bring this section into
conformity with the State elections code. The additional
notices are costly and serve little useful purposes,
particularly since the district elections are consolidated
with November elections .
(b) Clarification regarding open space easements grew out of
recent inquiries from Director Duffy and earlier discussions :
Sec. 5540. Acquisition, use, and disposal of property.
A district may take by grant, appropriation, purchase,
gift, devise, condemnation, or lease, and may hold, use ,
enjoy, and lease or dispose of real and personal property
of every kind, and rights in real and personal property,
within or without the district, necessary to the full
exercise of its powers.
When a district acquires an open space easement on any such
Zands, the Zands shaZZ, upon dedication for open space pur-
poses by the board of directors, be deemed to be enforceabLy
restricted within the meaning of Section 8 of ArticZe XIII
of the Constitution of the State of CaZifornia.
A district may not validly convey any interest in any real
property actually dedicated and used for park or open-space,
or both, purposes without the consent of a majority of the
voters of the district voting at a special election called
by the board and held for that purpose . Consent need not
first be obtained for a lease of any real property for a
period not exceeding 25 years ; and consent need not first
be obtained for a transfer of any real property if the
Legislature by concurrent resolution authorizes a transfer
after a resolution of intention has been adopted by at
least a two-thirds vote of the board of directors of the
district, specifically describing the property to be
conveyed.
Reason: While it is clear that Public Resources Code Section
5540 presently grants regional park and open space districts
authority to accept grants of open space easements , it is
not clear that the county assessor is required to treat
lands subject to such easements as "enforceably restricted" ,
as in the case of such easements held by a city or county
(see Government Code Section 51096) . This amendment would
make such clarification.
M-81-39 Page three
(c) The reduction in the number of signatures required for
nomination of Director candidates suggested by MPRPD was
not supported by the Legislative Committee. The Monterey
Peninsula Distrist has sent an inquiry to EBRPD seeking
comments and support. Unless you feel strongly opposed,
you may wish to delay taking a position on this matter
until EBRPD responds .
2. SB 353
The Legislative Committee recommends a "no position"
position at this time. The Committee agreed that language
was desirable in SB 353 to make explicit that a board may
delegate to the prosecutor or court the determination
whether a violation is a misdemeanor or infraction.
3 . SB 354
The language of SB 354 accommodates your previous request.
I recommend support with a B or C priority (depending on
the level of your interest in the bill) .
4 . Legislation to reappropriate State trails money.
The letter to Senator Garcia regarding the defunct Slate Creek
project which was recently transmitted to you explains
the proposed legislation. This is important and deserves
support with an A priority.
5 . SB 4
Senator Raines has reintroduced his bill requiring a 5�
deposit on beverage containers. The District has supported
the bottle bill in the past. I recommend support with a
C priority.
6 . Gill Mustang Ranch
The question of whether to support use of Proposition 1
funds (if needed to augment AB 990 funds) for the Gill
Mustang Ranch addition to Henry Coe State Park was referred
to the Legislative Committee on December 30 , 1980 . The
Committee , although sympathetic to the proposal , did not
recommend support since the District was supporting other
projects within the District, and seeking support for
Gill Mustang might have diluted our efforts on the other
projects. However, later you did encourage the Santa
Clara County Board of Supervisors to support full acqui-
sition under AB 990 when the Stanislaus County portion
of the project was in jeopardy (it still is! ) .
7 . Scenic Highway Signing
on December 30 , 1980 you were also urged by Mr. Mark to
pursue further special signing standards for scenic highways .
The Legislative Committee felt that our efforts should._not
be increased considering other priorities and available
resources.
Recommendation: It is recommended that you take the positions ,
including priorities, outlined herein.
M-81-40
(Meeting 81-9
Ad, April 8 , 1981)
or
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
M 11 EMORANDUM
April 2 , 1981
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: S. Sessions , Land Manager, and
A. Watt, Environmental Writer/Analyst
SUBJECT: Proposed Historic Preservation Grant Application
Introduction : The Picchetti Brothers Winery has been listed on the
National Register of Historic Places and, thus , is eligible for a
federal grant-in-aid through the California Office of Historic
Preservation. These grants are designed to help preserve California' s
historic properties and provide fifty per cent of the project cost,
with the grant recipient responsible for the matching amount.
Projects eligible for funding include development projects to
protect, stabilize, rehabilitate , or restore historic properties .
Discussion: Staff would like to submit an Historic Preservation
Grant application for funding to initiate the rehabilitation of the
winery building. The winery has the greatest potential public
historic appeal of all the buildings on the property. Grant funds
would be used to initiate the most pressing items necessary to re-
store the building, allowing an efficient contemporary use while
preserving its historic features. The proposed construction would
involve removing the roof and replacing it with a new one of his-
torical accuracy and structurally stabilizing the building with
interior support columns. The total grant amount requested would
be $25 ,000 , with the District' s matching share of $25 ,000 to be
provided by the successful lease proposer.
The District is now in the process of considering proposals for
restoration of the Picchetti property. The successful lessee would
contribute funds (and/or in-kind labor) for the District' s portion
of the grant as part of the planned restoration. Thus , the grant
represents a way of making an additional $25 ,000 available to the
District for restoration of the Picchetti property, and would help
enable the lessee to begin necessary repairs in the shortest possible
time. The fact that the District would be a partner in obtaining the
outside funding would be taken into account in the lease negotiations .
M-81-40 Page two
Although grant criteria would allow the lessee to make a private
application for Historic Preservation funds , timing considerations
dictate the submission of the grant application now, even though
the lessee selection is not yet complete. Applications are due
April 15 , with funds to be awarded in December, 1981. Restoration
work could begin in Spring, 1982 if this proposal is funded. The
lessee could apply for additional funds the following year. If
for some reason the property is not leased, the funds would be
available to the District, and you would have to decide whether
any required matching funds should be budgeted.
Recommendation: It is recommended that you adopt the attached
resolution approving the application for Historic Preservation
funds for the rehabilitation of the Picchetti Brothers Winery.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION
AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION
GRANTS-IN-AID FUNDS FOR PICCHETTI BROTHERS WINERY
REHABILITATION PROJECT
WHEREAS , the Congress under Public Law 89-665 has
authorized the establishment of a National Historic Preservation
Grants-in-Aid Program, providing matching funds to the State of
California and its political subdivisions for historic preservation,
survey, planning, development, and acquisition projects; and
WHEREAS, the California office of Historic Preservation
is responsible for the administration of the program within the
State, setting up necessary rules and procedures governing appli-
cation by local agencies under the program; and
WHEREAS , said adopted procedures established by the
California Office of Historic Preservation require the applicant
to certify by resolution the approval of applications and the
availability of local matching funds prior to submission of said
applications to the State;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors
hereby:
1. Approves the filing of an application for the National
Historic Preservation Grants-in-Aid assistance for project; and
2. Appoints the General Manager or his/her authorized
deputy as agent of the District to coordinate, process and execute
all contracts , agreements , amendments and ancillary documents
within the scope of the attached application; and
3 . Agrees that all required local matching funds will be
provided for the project.
M-81-41
IV
(Meeting 81-9
I&* April 8, 1981)
i Imm
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
April 2, 1981
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: S . Sessions , Land Manager, and D. Woods , Open
Space Planner
SUBJECT: Adoption of Negative Declaration for Stevens Creek
Shoreline Nature Study Area Trail
Introduction: At your meeting of March 11, 1981, you passed
a resolution to submit a grant to the Coastal Conservancy for
the development of a segment of the South Bay Trail. Under
the District's California Environmental Quality Act (CEQA)
guidelines , adopted on May 11, 1977, whenever the General
Manager or an authorized representative present a recommendation
to you that a project should receive a Negative Declaration
and you do not order a change in the recommendation, the
recommendation for a Negative Declaration shall be deemed to
be ratified and approved by the Board.
Discussion: An Initial Study (attached) was prepared for
the South Bay Trail project and a Negative Declaration is
being submitted as a part of the grant application materials ,
subject to your ratification.
Recommendation: It is recommended that you ratify the finding
of a Negative Declaration for this project.
Appendix C
Midpeninsulzi Regional Opcni Space District
Initial Study
PART I
A. Name , location , and brief descrip'Cion of project :
Stevens Creek ShorelineNature Study Area Trail Construction Project
involves construction _pf_A
_patr_91/pedpstrian bridge across Stevens
Creek and a hikinq/bicvclinq compacted surface trail along the levee
on the east side of Stevens Creek.
B. A Description of the environmental setting:
This area contains fresh water marshland and grassland, grading
into mudflats and submerged marshland in the area closest to the
v
_ e northern boundary �' e,_._,�ntie area supports large
numbers 2f---vi5
C. The project is/i-s.-mot compatible with existing zoning and
general plans. If not , please explain below:
D. For identification environmental effects , see attached
checklist. (PART 11)
E. For a discussion of any potential significant effects and
ways to mitigate them, if any, see attached sheets.
F. Recommended Action:
X Negative Declaration Environmental Impact Report
G. Persons who pi.e-parcd this Initial Stu(-1y: Alice Watt
Date : 3/6./81__
H. Name and Address of proponent :----------
Appendix C (cc pacle
PART II
Identification of Environmental Impacts : (Explanations cw "yes"
and an3wers are included on attached sheets)
1. Geology. Will the project : YES MAYBE NO
a. result in an increase in wind
or water erosion of soils ,
either on or off site? _ X
b. be loc,--.ted on or adjacent to
a known earthquake fault?
C. disrupt the soil causing
substanAal erosion, silta-
tion or land sliding. X _
d. cause destruction or modif-
ication of any unique gologic
feature? X
2 . Water. Will the project :
a. be located in a kno,,,.,n flood
plain? _X_
b. invol2 alteration (s) of a
streaocourse or body of
surface water? X
C. change the quantity of ground
waters either through direct
additions or withdrawals , or
through interception of an
acquifor by cuts or excava-
tions? X
d. change , absorption rates ,
drainage patterns , or the
rate and araount of surface
water runoff? X
e. involve discharge illLo; or
alteration of , any surfac:,,__
water resulting in reduced
water quality , including
but not limited to ,
increased Lucbidity or
dissolved oxygen? _X
3 . Air. Will the project result in :
a. substantially increased air
emissions or deterioration of
ambient air quality? X
L
A-ppendix C (cont. )
B . CirculnLion/Tratfic. Will the pro_ YES MAYBE
a. generate substantial maditional
traffic in the area?
b. generate the use of off-road
vehicles of any kind excapting
ranger patrol vMcles? X
C . require al.Leratj-o-,,i.-; to present
circulation patterns? X
(2. have substantial impact on
existing road sysLcms? X
0 . effect existing parking facilities
or create a demand for new parking
facilities?
f. increase -traffic, hazards
for motor vuhiclos-.? bicyclists X
pedestrians?
9 . Public Services . Will the project:
a. substantially affect a public water
supply or sewage disposal syskem?
b. result in a need for increased
fire or police protection?
C. cause gronn6water pollu&oii
c � a .,-; re ,uTL of a ne��,' septic
systems? X
d. rc4juiro the expansion or extension
of ally 1,",I.,-)Iic utility? X
0. require any public sc-,�rvicc� cu-Cre-ntl-.',,/
operating at or near capacity?
10 . Energy . Will the project :
-i. cause th,-� of amiounts
of fuel or X
11. Land Use . Will tho project :
a. result in subsLanLial land use changes
that would adversley affect the
population either on or off site? X
b. sc?rve to encourage development of
presently undovelopoJ areas , or
increase development intensity of
already developed areas?
C . vary from adopted an corilmunit.t-.y
or County policy.
T ppc-.ndix C (cont. )
YES MYBE NO
b. the creation of objectionable
odors-e
C . alteration of air movement ,
moisture or temperature, or
any change in local or re-
gional climate? x
d. the creation of dust smoke
or fumes or the application
of potentially hazardans ma-
terials such as herbicides or
pesticides? x
4 . Plant and Animal Life. Will the
project :
a. result in the removal on di8-
turbance of any rare or endangered x
plant or animal?
b. reduce the acreage of any ag-
ricultural crop?
C. result in the removal of
substantial amounts of
vegetation? x
d. alter the ecological balance
of an environment unit,
either on or off site? x
e. significantly affect a breeding,
feeding, or Nesting area? X_
f. change the diversity or numbers
of any species of plant or
animal? x
5. Natural Resources . Will the project :
a. involve the removal or depletion
of on-site rock, sand,
gravel , trees , oil or minerals? x
6 . Permit Application. Will the project :
a. recluire the approval of any
federal , state , regional or
local agency or district?
if yes , list below: x
BCDC
7 . Noise. Will the project :
a. increase ambient noise levels,
either on or off-site?
Page five
Appondix C (cont. )
YES MA�,'j',E ,10
d. involve lands currently protected
under the Williamson Act or an open
space casement? -X
12. Socioculturai . will the project :
a. result in an alteration of an
historic , archeological or
paleontological site , structure,
object?
b. require the relocation of people
or businesses currently on site? -X
C. obstruct scenic views or create
an esthetically offensive site? X
Potential Significant Effects* and Mitigation Measurns
2a. The project is located in the flood plain of Stevens Creek. It is protected
from flooding by virtue of its location on top of a levee.
2c. The project, by placing a compacted blue rock surface on top of existing
levee roads, may slightly alter absorption rates and runoff, although this
type of surface is permeable to water, unlike asphalt. No significant
changes -are anticipated.
8a. The project will generate additional foot and bicycle traffic along the levee,
which will not harm the environment.
8e. The project will create a demand for new parking facilities which will be
provided by Mountain View Shoreline Regional Park.
11d. The project involves lands owned by a public agency.
*Mandatory Findings of Significance all listed in Section 15CO2
and Appendix G of the State Guidelines .
C-81-8
April 8, 1981
Meeting 81-9
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
# Amount Name Description
1998 $ 3, 500. 00 E.P. Brodd & Associates Appraisal Services
1999 750. 00 California Advocates , Inc. Legislative Consultant-March
2000 264. 26 Carolyn Caddes Photography
2001 22. 17 DFM Associates Election Expense
2002 316. 31 The Dark Room Photography
2003 600- 00 Deloitte Haskins and Sells Auditor ' s Fee
2004 18- 30 Equipment Services , Inc . Shop Equipment
2005 295. 00 First American Title egaranty Preliminary Title Reports
2006 276. 90 Georgia-Pacific Site Maintenance-Posts
2007 14. 91 Graphicstat,Inc. Maps
2008 128. 60 Harbinger Communications Computer Services for Openspace
Mailing
2009 333. 0 1 0 U. .-S. Postmaster Openspace Postage
2010 35. 00 International Right of Way- R/W Seminar-Craig Britton
Assoc.
2011 697. 02 Mobil District Vehicle Expense
2012 3. 47 City of Palo Alto Utilities
2013 51 .40 PG and E Utilities
2014 613. 90 Pacific Telephone Telephone Serivce
2015 1, 349. 45 Peninsula Oil Co. District Vehicle Expense
2016 12. 78 Peninsula Blue Print Map Duplicating
2017 81. 00 Pitney Bowes Equipment Maintenance
2018 18. 69 Rancho Hardware Site Maintenance
2019 15. 00 SF Newspaper Agency Subscription
2020 280. 15 Shell Oil Co. District Vehicle Expense
2021 627. 50 Skierka and Fischer Land- Architect/Engineer Services
'Surveys Montebello
2022 215. 47 Stevens Creek Quarry, Inc . Site Repair
2023 3, 746. 07 Title Insurance and Trust Title Insurance-Coplon Property
2024 10. 00 United California Bank Note Paying Services
2025 64.43 West Publishing Co. Books
C-81-8 Page2
April 8, 1981
Meeting 81- 9
Amount Name Description
2026 $ 122. 19 Herbert Grench Out-of-Town Meeting Expense,and
Meal Conference
2027 177. 64 Pacific Hardware and Steel Site Maintenance
Co. , Inc.
2028 5. 97 General Telephone Co.. Telephone Listing
C-81-8
April 8, 1981
Meeting 81-9
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
TM Amount Name Description
1998 $ 3, 500. 00 E.P. Brodd & Associates Appraisal Services
1999 750. 00 California Advocates , Inc. Legislative Consultant-March
2000 264. 26 Carolyn Caddes Photography
2001 22. 17 DFM Associates Election Expense
2002 316. 31 The Dark Room Photography
2003 600. 00 Deloitte Haskins and Sells Auditor ' s Fee
2004 18. 30 Equipment Services , Inc . Shop Equipment
2005 295. 00 First American Title aranty Preliminary Title Reports
, 2006 276. 90 Georgia-Pacific Site Maintenance-Posts
2007 14. 91 Graphicstat, Inc . Maps
2008 128. 60 Harbinger Communications Computer Services for Openspace
Mailing
2009 333. 00 U. -S. Postmaster Openspace Postage
2010 35. 00 International Right of Way- R/W Seminar-Craig Britton
Assoc.
2011 697. 02 Mobil District Vehicle Expense
2012 3. 47 City of Palo Alto Utilities
2013 51 . 40 PG and E Utilities
2014 613. 90 Pacific Telephone Telephone Service
2015 1, 349. 45 Peninsula Oil Co. District Vehicle Expense
2016 12. 78 Peninsula Blue Print Map Duplicating
2017 81. 00 Pitney Bowes Equipment Maintenance
2018 18. 69 Rancho Hardware Site Maintenance
2019 15. 00 SF Newspaper Agency Subscription
2020 280. 15 Shell Oil Co. District Vehicle Expense
2021 627 . 50 Skierka and Fischer Land- Architect/Engineer Services
'Surveys Montebello
2022 215 . 47 Stevens Creek Quarry, Inc . Site Repair
2023 3 , 746. 07 Title Insurance and Trust Title Insurance-Coplon Property
2024 10. 00 United California Bank Note Paying Services
2025 64.43 West Publishing Co. Books
C-818 Pa7e2
April 8, 1981
Meeting 81- 9 Revised
Amount Name Description
026 $ 122. 19 Herbert Grench Out-of-Town Meeting Expense,and
Meal Conference
2027 177 . 64 Pacific Hardware and Steel Site Maintenance
Co. , Inc.
2028 5. 97 General Telephone Co.. Telephone Listing
2029 300.00 Susan. Cretekos Patroling- Windmill Pasture-March
2030 15. 02 Graphicstat, Inc. -Enlargements.-Los Trancos and
Rancho' San Antonio Signs
2031 206. 50 Uno. Graphics Rancho San Antonio Brochure
2032 55. 00' Steven Sessions Training and Seminars
2033 350. 14 Systron Donner Fire Equipment-Montebello -Burn
Project
2034 26. 60 The Frog Pond Meal Confe'rences
2035 44. 09 Keeble and 8huchat Slide Duplicates
036 48. 00 CPRS Training Program Training and Seminars-Steven
Sessions
2037 153. 61 Harfst Associates, Inc. Computer Se*rvices-March
038 100. 52 Petty Cash Office Supplies ,Meal Conferences
Postage,. Out-of-Town Meeting
Expense, and maps .
039 68 . 40 Steven- Sessions Private Vehicle Expense
040 25 . 0.0 Pat Starrett
Private Vehicle Expense ,,
2041 51. 20 Eric Mart Private Vehicle Expense
2042 50. 00 CPRS
Conference Fee-Herbert Grench
043 43 . 00 People For Open Space Conference Fee-Herbert Grench
044 50. 00 Forest Foundation of Conference Fee-Herbert Grench
Du Page County