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HomeMy Public PortalAbout19810408 - Agendas Packet - Board of Directors (BOD) - 81-09 Meeting 81-9 %toe 8 1W 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 •` :; - 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-! ,. 4 3�' �amnx 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 t� 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 -All 11 N1111 P oe- Mmmw 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. v is :X a::• : IDA R N ,C �;,N ,u .��•' E L '0/rS :II:G, T 0 S :<:;.• ., AVM• •��� `�J •\. ••:�:• � `: c-,.: \. )} -) `yam i ..t. •w� La• BM:. �l349 1•�--I�^_ '••• �� ' :DaVeS P1uf •'? 341 �••,'�-:. `: ,•-r^, - f+1 o Scfi 7: '�� '• 0 x M 366 \♦�•..� + D�t. /rF •- ! / '� 1 I •Louise Van bietee'�•; ���.• School 51 Resf i o �•) •• •• ' I Country �- '�_. • Qr5 Q �; / `�_, �"'.Day Sch N » High •.. y+ \n .\ M I � t \20 � .. ..� �.� . :j= fir. /1 \,.1 .� •/� ' -',,, Fr-- �lL�. '` \�, I� 1. �—• v. , 'convent 2, - -- (61 r PROPOSED LOS GATOS CREEK PARK l .� �S p f'1.5 � Quarries X. 1253 /000 DAM � '• it ( � i 1 r'.N.Fa�vy--� 1.- //�1-' �..1 \\ f"✓� ��� ,_C a filY u, SPILLWAY sus jv B - SITE MAP (EXHIBIT U SGS 1" - 2000 ' North ...... •K...... ......... _ ._.•G_. .a!�••!!}�':•~ t.( ti}�_••rJF/.a��1�I _ 'w\ S.R� .iY.Yy.•.'.%'<:1:v;: ......:x fir:�rz'::7..�t:r..�I:w:.�rr.-.y.sr.•...s.�:....... -: 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