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HomeMy Public PortalAbout19810513 - Agendas Packet - Board of Directors (BOD) - 81-13 Meeting 81-13 COMM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (41S) 96S-4717 Regular Meeting Board of Directors A G E N D A Wednesday 375 Distel Circle, Suite D-1 May 13, 1981 Los Altos , California (7 :0 0 ) * ROLL CALL WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS SPECIAL ORDERS OF THE DAY (7 :15) 1. Spring Wildflowers of the Open Space District K. Blackburn/C. MacDonald NEW BUSINESS WITH ACTION REQUESTED (7 : 50) 2. Proposed Addition to the District' s San Mateo County Baylands Reserve (Lands of Leslie Salt Company) - C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property-Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Author- izing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (San Mateo Baylands Reserve-Lands of Leslie Salt Company) (8 :10) 3. Review of Use and Management Plans for Thornewood, Los Trancos and Russian Ridge Open Space Preserves and the Use and Management Plan for Windy Hill Open Space Preserve - S. Sessions (8 : 40) 4. Proposed Addition to Manzanita Ridge Open Space Preserve (Risley Property) - C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Authorizing Officer to Execute Certificate of Acceptance of Gift Deed to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Manzanita Ridge Open Space Preserve-Risley Property) 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 81-13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors May 13, 1981 Page 2 (8 : 55) 5. Proposed Coastal Conservancy Wetlands Enhancement Grant Application for the District' s San Mateo County Baylands Reserve - C. Britton Resolution Approving the Application for California Coastal Conservancy Wetlands Enhancement Funds - San Mateo Baylands Reserve OLD BUSINESS WITH ACTION REQUESTED (9: 25) 6. Issues and Questions from Site Emphasis and Program Evaluation Workshops - H. Grench (9: 55) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION - Land Negotiations and Personnel ADJOURNMENT NOTE EARLY STARTING TIME TO ADDRESS THE BOARD: When an item you 're concerned with appears on the agenda, please address the Board at that time; otherwise, you may address the Board under OraZ Communications. When recognized, please begin by stating your name and address. Conciseness is appreciated. We request that you complete the forms provided so your name and address can be accurateZy included in the minutes. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 NOTICE OF MEETING PUBLIC NOTIFICATION COMMITTEE Monday May 18, 1981 12 : 00 Noon 375 Distel Circle, Suite D-1 Los Altos, CA There will be a meeting of the Public Notification Committee of the Midpeninsula Regional Open Space District at noon on Monday, May 18 , 1981 at 375 Distel Circle, Suite D-1, Los Altos. The purpose of the meeting is to discuss public notification procedures, possible notification changes, and Board consider- ation of topics related to land use planning. Herbert A Grench,General Manager Board of Directors;Katherine Duffy,Barbara Green,NonetteG Hanko,Richard S.Bishop,EdwardG Shelley,Harry A.Turner,Daniel G.Wendin WRITTEN COMMUNICATIO Meeting 81-13 ; May 13, �981 Harry H. Haeussler, Jr. 1094 Highland Circle Los Altos , Calif. 94022 May 12, 1981 Board of Directors Midpenninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos , CA 94022 Re : Lands supervision. The district has recently passed the 10,000 acre mark in land ownership. These lands are scattered over a vast area, as we are all aware. Further, there are certain controls over use of these lands , such as no dogs . It is my understanding that there are only seven (7) rangers employed to patrol and protect these lands and the people who use them. I do not see how these seven rangers can adaquatly or properly patrol and protect the areas involved. I all the riding that I do on my horse on the MROSD lands , it is seldom that I see a ranger, in fact T can recall just two instances , and one of these was a ranger making a hiking tour on Neary land. The only other times are when I see rangers in their trucks on St. Joseph Ave going to and from Rancho San Antonio. I suggest that the future budgets allow for an increase in rangers and their patrols on MROSD lands . y Harry , Haeussler, Jr. t~ WRITTEN COMMUNICATION eeting 81-13 ; May 13 , 19, Harr H. Haeussler, Jr. 1094 Highland Circle Los Altos , Calif. 94022 P:°ay 12, 1981 Board of Directors Midpenninsula Regional Open Space District 3?5 Distel Circle, Suite D-1 Los Altos, CA 94022 Re: Land use planning I have been becoming more and more concerned with the lack of public input into the land use planning of MROSD lands . And this concern is not only about currently owned lands, but lands that are under po- tential purchase. My experience has shown that the only time the public be- comes aware of new lands is when the proposal for purchase is presented to the board for action. At that time it has been the custom for a use and management plan to be presented and passed. In these casesv there has been NO public input, either with regard the purchase or the use. This is not democratic, and is wrong. Public funds are being spent, and public use is involved - therefore the public should be involved BEFORE the fact. I realize that staff is hired for their expertise, and I know that the directors trust and will listen first to the staff. But the staff must listen to the public for input before making desisions or recommendations to the board. Further, the board should in all fairness give the public a chance to voice their opinions , along with the opportunity to prepare and gather information before they voice their opinions . In other words , I feel that there should be a minimum of two public hearings on any subject before the board acts . Harry H. Haeussler, Jr. WRITTEN COMMUNICATION PAUL N. MCCLOSKEY, JR. Meeting 81-13 205 CANNON BUILDING HINGTO12TH DISTRICT,CALIFORNIA May 13, 1981 wAS(202) 2 D.C. 20$I5 (202) 225-5411 COMMITTEE ON GOVERNMENT OPERATIONS Co 3O ngre5t of the aniteb *tatez DISTRICT OFFICE: AND S GRANT AVENUE COMMITTEE ON PALO ALTO,CALIFORNIA 94306 MERCHANT MARINE j[ ou5c of Repretentatibet (415) 326-7383 AND FISHERIES Waobington,O.C. 20515 May 5, 1981 Mr. Richard S . Bishop Ms . Barbara Green Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Dear Mr. Bishop and Ms. Green: I am presently inclined to support all of the 300-odd budget cuts proposed by President Reagan. I don' t think we can hope to achieve any great percentage of the cuts unless we support all of them; and the crisis in national affairs if we can not cut nearly $50 billion this year is much graver, in my judgment, than the loss of several very worthy programs (such as Legal Services ) which are being cut. Sincerely , PAUL N. MCCLOSKEY, J . PNM/lp THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS WRITTEN COMMUNICATIO ' Meeting 81-13 May 13 , 1981 !"ay 7 , i9�i Frederic H. Nicnols i189 Harker Avenue Palo Alto , Ca . 94301 5ub„ect : ^art—_ny Lot Location - niRCSD Upper Page m; i _ Road Dear Mr . Nichols : I hereby respectfully request that your reconsider tree ii'lidpeninsuia Regional Open Space D - strict (C:.ROSD) parking iot location under "Flew Cusiness" at your rcy i3 , L98i PiEnning Commission meeting . Last fail you studied tn� s item, rejecting the [''R9bD proposed location and suggesting another . Not being pleased With th_t location , MROSD is attempting to circumvent Pajo Alto planning and locate the parking lot in a very undesirable spot , subject only to San Mateo County planning staff apprcvai . This is an outrageous abuse of due process , and results in an inferior plan , as almost ail of the neighbors agree . L'ould you please consider this at your next meeting so I may report to the Cray 27th "'RCSD meeting inhere the inferior lot is scheduled for approval . Thank you . Respectfully ours , Tncma_ --E a i gton 4201 Pa mil Road Palo Al o, Ca . cc . . A . Planning Dept . ROSD WRITTEN COMMUNICATIO' DON EDWARDS Meeting 81-13 WASHINGTON OFFICE: LOTH DISTRICT.CALIFORNIA May 13, 1981 (202)225-3072 COMMITTEE ON DISTRICT OFFICES: JUDICIARY �lConam;2; of the Eniteb otate� SAN DOSE 162S THE CALIFORNIAMAALAME A , 95126 CHAIRMAN (406)292-0143 SUBCOMMITTEE ON OM ou�e Of �ti.epregentati�e� 36750 PASEO PADRE PARKWAY CIVIL AND FREMONT,CALIFORNIA 94536 CONSTITUTIONAL RIGHTS obington,O.C. 20515 (415)792-5320 3i 22300 FOOTHILL BOULEVARD COMMITTEE ON HAYWARD.CALIFORNIA 94541 VETERANS'AFFAIRS (415)866-0242 April 29 , 1981 Richard S. Bishop Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos , California 94022 Dear Mr. Bishop: While the Congress seems destined to accept the President' s recommendations on many environmental matters , budget outlays will be about $750 million more than Mr. Reagan' s proposal. The House has added $150 million in budget authority and $100 million in outlays to the recreational resources sub- function to restore the Land and Water Conservation grant funds. I anticipate Congress objecting to the proposal which bans the use of funds for new park acquisitions . I think it is very important for urban residents to have a nearby place where they can 'get away from it all ' . I would be interested in your keeping me up to date with any plans and achievements your group will be making in the future. Again, thanks for taking the time to share your thoughts with me . With kindest regards . Sincerely, Member of Congress DE:raw WRITTEN C JNICATION Meeting 8-' -3 LLAGUE May 13, 1981 oI0���� OS — MOUNTAIN VIEW AREA W LOS ALTOS Community Center VOTERS97 Hillview Avenue Los Altos,Ca 94022 (415)941-4846 April 28, 1981 Board of Directors Midpeninsula, Open Space District 745 Distel Drive , Los Altos CA 94022 Dear Board Members , We are glad to see you putting so much effort into establishing appropriate policies for public notification. The League of Women Voters is dedicated to openness in government and utilization of public imput in the decision-making process . Ourexperience has shown that early public participation can forestall later difficulties . Broad exposure and discussion will turn up both unforeseen problems and novel ways to solve them and also help define community goals . For this reason we would encourage you to put increased emphasis on public awareness of planning hearings , both long range land acquisition plans and plans for use and management of land already owned. The appropriate time for the interested community members and property owners to state their needs and concerns is before the negotiations for land commence . Specific negotiations often involve wills and taxes and private concerns and are not appropriate subjects for public hearings . The Brown Act specifically recognizes those times when it is appropriate to conduct business in executive session. We believe that if the proper groundwork has been laid during the planning process , land acquisition decisions need not require specific public hearings . The exception to this , of course , is acquisition through power of eminent domain. Our recommendations to you are as follows . 1. Put increased emphasis on planning hearings . Establish separate policies for long range planning and for the more immediate planning for action on such concerns as land management , path location, access , or demolition of structures . Hearings should take place at two successive meetings at least two weeks apart . The final decision should take place after enough time to incorporate the public comments . The public hearings should be well advertised with press releases pg. 2 4/28/81 and newspaper cooperation. Individuals and groups who have expressed an interest in being contacted and property owners in and near the affected area should be notified by mail well in advance of the meeting. Consider also telephone pole notices in the affected area. Planning hearings should take place on a regular basis with special public hearings added if new land acquisition dictates a change in the long range plans . 2 . Include on the agenda an accurate description of the location of the parcel to be acquired or discussed. Clearly written agendas will help the public understand what is to be discussed and what actions will be taken. The proposal to change land acquisition items to "public hearing" is good if the intent is to listen to the public and then make a decision at a later meeting or if the intent is to broadly publicize a pending decision. However, public hearings on the day a decision is made are generally of little value . As long as members of the public are welcome to speak to any agenda item, the change probably would not accomplish much and might be misleading. 3. Develop more specific policies for public notification in eminent domain hearings . Policies for choosing appraisers and guaranteeing the rights of the property owner should also be spelled out in advance of need. You might also consider a general policy of avoiding the use of eminent domain by keeping a variety of options available for land acquisition. 4 . Clear definition of the kinds of negotiations that will be discussed in private and those to be discussed in public would probably be useful for both board and staff. S. Establish clear policies for notification of and coordination and cooperation with governments in whose sppere of influence the land lies . The land use decisions you make have many ramifications . What you do may affect other jurisdictions and vice-versa. 6. Both staff and board should feel a responsibility for identifying meetings and agenda items which should have extra public imput. Staff discretion over press releases is not enough,and relying on the newspapers to identify items of public interest from an agenda is also not enough. A working relationship with Pg 3 4/28/81 the press is one of the most effective ways to develop public awareness . Encouraging special interest, public interest, and landowner groups to help publicize Open Space District concerns is another. When the people directly affected by a decision are included in the process leading to the decision many problems can be avoided. We recognize the special problems inherent in public land acquisition and use decisions and hope our suggestions for public notification procedures will be useful to you. Sincerely, JaK�Cl'k�"�f League of Women Voters of the Los Altos-Mountain View Area Janie Killerman, President r WRITTEN COMMUNTCATION Meeting 81-1 May 13 , 1981 Harry H. Haeussler, Jr. 1094 Highland Circle Los Altos , Calif . 94022 April 25, 1981 board of Directors midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 los Altos , Calif. 94022 For some time I have been concerned with the apparant lack of communication with the public about matters which concern them in relation to plans and use of District lands . At one of the Public Notification Committee meetings , the first I believe, your staff expressed difficulty in contacting the nearby residents when they felt notification should be made . At the time it was decided to go to the county assessors records for neighboring owners , and no further. I now consider this completely inadaquate, especially after the recent meeting when Monte Bello was under discussion. There are mailing services that can and do provide address labels , by street and number, which could be used to notify ALL nearby residents of what is under consideration, and when there will be public meetings to discuss the matter. One such firm is : California Mailing Services , Inc . 2375 Paragon Dr. San Jose, CA phone (408) 263-4440 In addition to your staff holding public discussions ,for input, I feel that there should be at least two (2) meetings of the Board of Directors with the item on the agenda before any action by the board is taken. This includes purchases , condemnations for purchase (which I totally disagree with) and Ivianagement and Use plans , as well as other public interest items . Harry Haeussler, Jr. WRITTEN COMMUNICATION • Meeting 81-1 May 13 , 1981 Harry H. Haeussler, Jr. 1094 Highland Circle Los Altos, Calif. 94022 April 24, 1981 Midpeninsula Regional open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Re : Parking lot surfaces Last night at the Santa Clara County Trails and Pathways Committee meeting, one of the men there suggested that parking lots be surfaced as the have done in England. They have taken the metal airplane temporary runway metal, either the flat perforated or the woven type and placed it on a suitable hard surface, then planted grass on it so that the grass grows up through the holes or the spaces between the vertical metal. They mow the grass as required to keep it neat. This provides a driveable surface, and yet one that is not unpleasing to the eye and at variance with the surrounding terrain in open space. I recall seeing some when in England,and had forgotten about it till mentioned last night. I do forsee one difficulty, and that is traction might be poor due to the wetgreen grass , or rain on the metal. And there might be other local requirements to be met, but I offer it as an idea. Harry H. Haeussler, Jr. WRIT' COMMUNCIATION Meeti�_j 81-13 May 13, 1981 Harry H. Haeussler, Jr. 1094 Highland Circle Las Altos , Calif. 94022 April 249 1981 Midpeninsula Regional Cpen Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Re; Monte Bello Parking Gentlemen: After the heated discussion of the April 22 meeting regard parking at Monte Bello, yesterday I hiked and looked over the area. I can well understand Mr. Harrington's objection to the location selected, he will look directly down on it from his home. I did note that just opposite the Los Trancos paring area, there is a swale which might possibly be used. Bear in mind, that I feel a level paring lot similar to a shopping center is not required, just look at the way cars are parked on hills in San Francisco. A "U" shaped drive could be utilized, with angle paring on both sides of the drive . I noted where there was a water problem possibility, but this could be handled with proper grading down the center and a culvert at the bottom of the "U" away from Page Mill Road . Culverts might also be required at the entrance and exit. Again, it does not have to be level, and not too much rrad1n:r would be required, mainly gravel for surfacing. As for horse trailer parking, I looked at the area suggested and found it adaquate, provided some improvements . The gate would have to be moved far enough from the road for a car or truck and trailer to pull in and not block the road while opening the locked gate. Adaquate left turning should be provided for car and trailer to swing west (left) to follow the road contour there down to the former barn area where the car and trailer could make a big U turn heading out. Parking should be along tYe contour road leaving the turning area free for turning vehicles . This will require minor grad- ing but will require gravel to prevent skidding with a heavy load on the grass . Not skidding, but spinning of drive wheels . Some of the coutour road might require filling on the side opposite Page Mill to insure adaquate passage of two vehicles , one parked and one moving to turn around. Harry'*"�. Haeussler, Jr. ` r�ovy to: Trail Council WRIT COMMUNICATION 10 Meet 81-13 APR May 13 , 1981 Harry H. Haeussler. Jr. 1094 Highland Circle Los Altos, Calif. 94022 April 24, 1981 midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos , Calif. 94022 Gentlemen: Regaring the demolition plan for Monte Bello, after a hike through the area yesterday, I note that there are only two dangerous items for destruction and one for pro- tection. They are as follows : First the large "cistern" uncovered next to Mr. Harrington's property. Cover to prevent anyone entering. Mr. Harrington has agreed to do this for use of the water. Protection. The round concrete pad with rebars standing upright around the edge. Cut the rebars off with a torch, leave the pad as it will be no cause for harm. Demolition . of rebars only. Remove the partially destroyed cabin. Leave the steps and hand rails . Destruction. Free standing chimney should be allowed to remain and a descriptive plaque describing how it was used for cooking be located nearby, for historical purposes . Some loose material might have to be removed. The spring and spring box above the pond should be left, and the spring box cover secured to prevent entry. Water could be piped down to the trail for hikers and horses , as no other water was noted in the area for consumption. Square concrete box amout six feet deep on the hill above the spri_zg. Rather than waste money destroying it, fill it in with all the old barbed wire and debril in the area, then overfill with dirt. Install a sign indicatinj what it was used for. ( I noted a pipe leading to the old house area, it most likely supplied water for them. ) A Harry 1. Haeussler, Jr. tK,t4�1 C WRI'I COPIMUNICATION Meet 81-13 May 13 , 1981 Harry H. Haeuss ler, Jr. 1094 Highland Circle Los Altos , Calif. 94022 April 24, 1981 Midpeninsula Regional Open Space District 3?5 Distel Circle, Stwite D-1 Los Altos , CA 94022 Re:Monte Bello Use and Mgt. Plan Trail System Gentlemen: During the discussion of this subject at the April 22 meeting, it was mentioned that there was work being done to get a trail connecting the area from Ridge Winery down to Stevens Canyon trail . I note that this is not in the report, and was only discussed. Recalling the meeting when horsemen objected to the closin,T of Wildcat Canyon in Rancho Antonio, Mr. Sessions said a trail would be built along the western edge of the preserve connecting Rouge Valley to Wildcat Loop trail near the top. To my knowledge , nothing_ has been done on this trail. Broken promiss : With regard the Monte Bello trails , I feel that a definite commitment to build a trail from the Ridge Winery area down to Stevens Canyon trail should be in the plan, with a definite date of completion. fvo more broken promises is the committment I feel is necessary . 1 Harry H. Haeussler, Jr. copy to: Trails Council WRIT COMMUNICATION Meet___4 81-13 May 13 , 1981 Harry H. Haeussler, Jr. 1094 Highland Circle Los Altos , Calif. 94022 April 24, 1981 Paid Peninsula Regional Open Space Disctrict 375 Distel Circle, Suite D-1 Los Altos , CA 94022 Gentlemen: Regarding the gully erosion noted in the Monte hello Use and Management plan, I feel asking Palo Alto to restore it to its origional condition would cause more disfigurement than at present. Use of trucks and bull- dozers in the area would be terrible . Construction of a series of rock erosion control dams in the gully would prevent further erosion and allow the grasses to again start growing the the area. This might not be as pretty as origional, but I am sure that there will be future overflows and unless there are erosion control means , it will continue to occur. WoLe--e_4 * / Harry H. Haeussler, Jr. WRI`" COMMUNICATION Mee, 81-13 APR 2 ( '1981 May 11 , 1981 Harry H. Haeussler, Jr. 1094 Highland Circle Los Altos, Calif. 94022 April 24, 1981 Board of Directors midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos , CA 94022 At the Directors meeting on April 229 1981, the horsemen were advised that they could get a parking permit and combination to the gate at Page Mill Road in the Monte Bello area, and park their trailers in the old barn area. Yesterday, April 23, after visiting the area in question, I went to the office and asked for a trailer parking permit. I was refused a permit, and told that I could park in the wide space along Page Mill Road just west of the Los Trancos parking area. 1. This space is wade enough for a compact car only. 2. When unloading horses from trailers , considerable area is needed for the horses seldom come out straight, and quite likely would back into the traffic pattern. Due to the width of the trailer, the used roadway would be partially blocked. 3 . After unloading horses , they need to be tied to the side of the trailer for saddling. The area advised would put the horse down a bank if away from the road, and in the public righto:&ay if on the road side. 4. Noisy vehicles ( motorcycles and some cars and trucks ) cause many horses to get upset, and frequently the horse will dash in front of the vehicle. It is apparant that your staff knows little if anything of horses and horsemerts requirements . I suggest that you hire a horseman as a member of your staff, or hire one as a consultant. Finally, I ask that horsemen be given the same parking privilege as others , that they not be required to have a -2- permit and that a safe and satisfactory parking place be provided for their use . I would not mind having to pass through a gate that I would have to open and close, but being required to have a permit and know a combin- ation is discriminatory. It would be a disservice to those who do not know the requirment of a permit and the combination, and come to use the horse trailer parking and find it locked to their use. And I would like my permit and the combination for use now. L� Harry H. Haeussler, Jr. copy to: Trails Council P.S . I asked Jean about parking the truck and trailer in the Los Trancos parking space , she asked if I could turn around thereg and when I replied in the affirmative, she said go ahead. H.H.H.Jr. WRIT COA'1MUNICATION Meet_ j 81-13 May 13 , 1981 Harry H. Haeussler, Jr. APR .24 1094 Highland Circle Los Altos, Calif 94022 April 23 , 1981 Vlidpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Gentlemen: This letter is in connection with the trail system as proposed for the Monte Bello Open Space Preserve. There are horsemen who enjoy some of the "pristine" and fragil areas as well as the hikers . There are some who are unable to walk for more than short distances , yet are able to cover somewhat longer and more difficult distances on horseback. There are horsemen who would ride to the upper end of the Monte hello area from their stables rather than haul their horses in trailers and cause parking prob- lems provided they felt the ride sufficiently alluring. Yet, in the proposed trail plan, a loop ride which is always better than a ride to and from on the same trail, is being eliminated to horsemen. This is the pro- posal to make the Stevens Creek Nature Trial available only to hikers . Refer to the San Antonio Wildcat Canyon trail as an ex- ample where a loop is lost to horsemen, as well as the scenic beauty of a particularly fine area. As a horseman I went along with this when it was objected to by the horse people, but only because of the large traffic and use by children, and the consequent danger to the children with their lack of knowledge of safety around horses . I urge you to either allow horses on the Stevens Canyon Nature Trail, or construct a nearby horse trail which allows some of the natural beauty and creek crossings to the horsemen, and provides a loop for their use. r � 1 Harry 1. Naeussler, Tr. copy to : Trails Council M-81-48 Meeting 81-13 -s'l,ek May 13 , 1981 0 Ownrw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 8, 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: "Spring Wildflowers of the Open Space District" Please note that the May 13 Board Meeting has been scheduled for 7 : 00 P.M. rather than 7 : 30 to allow time for the showing of "Spring Wildflowers of the Open Space District" . Produced by the District' s docents and coordinated by Kathy Blackburn, this slide show has received rave reviews at presentations for Committee for Green Foothills, Peninsula Conservation Center, and the Loma Prieta Chapter of The Sierra Club. It is set to the music of Antonio Vivaldi, with a script by Kathy Blackburn and some spectacular photography by some very special friends of the District. I know you will enjoy this special treat on Wednesday evening. R-81-17 -4440 (Meeting 81-13 May 13 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT May 5 , 1981 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions , Land Manager, and A. Watt, Environmental Analyst/Writer SUBJECT: Proposed Addition to the District' s San Mateo County Baylands Reserve (Lands of Leslie Salt Company) Introduction: In September, 1978 , the District received 50% matching Federal Land and Water Conservation Fund grant approval in the nominal amount of $500 ,000 for purchase of open space and recreation lands in the East Palo Alto, Cooley Landing area. The initial strategy was to apply the value of the Thornewood property as a matching gift against the cost of the Leslie Salt Company property north of Cooley Landing, thereby completing the acquisition project without direct cost to the District. The Thornewood gift was valued at $320 ,000 for grant matching purchases (after leaving out the developed areas) , and the Leslie Salt parcel was appraised at $660 ,200 . The Leslie Salt Company has now generously offered to sell the 148 acre parcel north of Cooley Landing at the bargain price of $500 ,000 to help complete the project as originally conceived. The $320 ,000 Thornewood gift together with the $660 ,200 value of the Leslie Salt parcel total $980 ,200 - very close to the total projected project cost of $1,000 ,000 . The parcel being offered to the District has been used as an intake pond for Leslie' s west-bay salt evaporation process . This property forms an important connector with other public bayfront lands in San Mateo County and is a potential site for a portion of the Bay- front Trail linking the Dumbarton Bridge with Palo Alto baylands. To the northeast is a 6 acre property which might be acquired by the District with the help of a California Coastal Conservancy Wetlands Enhancement Grant. (See proposed Coastal Conservancy grant application report R-81-19 , dated May 6 , 1981, on this agenda. ) To the west is a 30 acre parcel of which ten acres are to be developed as an industrial park and the remainder dedicated as open space. It appears that the District would be the likely agency to which this property would be offered, and acceptance would seem logical . R-81-17 Page two A. Description of the Site 1. Location and Boundaries : The property lies south of the Dumbarton Bridge and is separated from the other Leslie holdings by the San Francisco Water Department Hetch- Hetchy facility and the Southern Pacific Railroad. The Leslie Salt property is currently used as part of the salt evaporation process (see attached map) . The northern boundary is formed by the Southern Pacific Railroad tracks . To the east are mudflat and Bay (owned by Westbay Associates) , southeast are Bay Road, Cooley Landing, and the District's San Mateo County Baylands Reserve (former Westbay Associates property) . The property is within the jurisdiction of the Bay Conservation and Development Commission (BCDC) , U.S. Army Corps of Engineers, and the City of Menlo Park. 2. Description of the Environment: originally this area was tidal marshland bordering the Bay. Diking with bay mud around the perimeter of the property created a large shallow pond which the Leslie Salt Company has used as inflow pond for the salt evaporation process. Valves control the entrance of tidal water into the pond. Currently the pond is not open to tidal action. There is a channel around the property open to the Bay at both ends created by the dredging for the existing dike. At low tide, mudflat is exposed around the southeastern outlet of this channel and in the area to the east of the salt pond. The mudflat is a feeding ground for a variety of birds, but it presently contains discarded tires and other debris. 3 . Natural Resources : A detailed biotic reconnaissance has not been performed by staff. However, the tidal mudflat around the channel serves as the feeding ground for a large number of wintering and migratory shorebirds and waterfowl. They feed on a variety of invertebrate species found in the water and mud. There is little original marsh vegetation present, although parts of the levee banks contain pickleweed, and the channel is bordered by cord grass and pickleweed. The predominant vegetation on the levees is of a weedy roadside type typical of disturbed areas. This forms a habitat for a variety of small rodents , reptiles, amphibians , and insects. Several species of shorebirds and waterfowl breed on the levees in areas supporting a significant vegetative cover. In the salt pond itself, traces of the original tidal channels can be seen. The water is deeper in these channels and contains fewer algae. If this property were reopened to tidal action and cleared of debris, these channels would deepen. The natural marsh vegetation would probably reinvade the shallower areas and return the salt pond to a fully productive part of the Bay ecosystem. (For example , a levee collapse on nearby Outer Bair Island in 1967 led to the establishment of natural salt marsh. ) R-81-17 Page three 4 . Existing Development and Restrictions : The salt evaporation pond currently contains brine being processed by Leslie Salt Company. There is a levee around the perimeter of the prop- erty, with a valve controlling the entrance of tidal water. Water can enter through the valve only during extremely high tides. P.G. & E. lines cross the property and continue south to the Palo Alto Baylands and north towards the Dumbarton Bridge. There are ten P. G. & E. towers on the property connected by a wooden boardwalk. B. Conformity The acquisition of this property for park and open space purposes has been found to be in conformity with the General Plans of San Mateo County and the City of Menlo Park. If, unlike adjoining lands , this property were not salt pond under Williamson Act contract, it would have been given the highest composite rating in the District' s Master Plan. C. Public Access A boardwalk runs under the P.G. & E. power lines across the middle of the property. The southern end of the boardwalk may be reached via a bridge across the channel (currently locked) , located on the north side of Bay Road just west of the Leslie-owned extension of Bay Road into Cooley Landing. The north end of the boardwalk may be reached from University Avenue via a path along the Southern Pacific Railroad tracks. The boardwalk provides access to the levee surrounding the property. D. Use and Management Recommendations If you approve, the District will be applying for a Coastal Conservancy Wetlands Enhancement Grant for acquisition of the adjacent 6 acre parcel (see earlier referenced report) . The results of that acquisition and study could be used to formulate a final use and management plan for the Leslie property. A comprehensive study will eventually need to be made of the whole area east of the tracks to the Bay to plan for potential trails , developed park (by another agency) , marina, natural areas, etc. The salt pond is presently full of brine being processed by the Leslie Salt Company. Staff recommends that Leslie Salt Company be allowed to finish this processing, which will require approximately six months . During this period staff would in- vestigate the best method of proceeding with further study. The timing of draining, debris removal , and possible reopening of certain areas to tidal influence would be determined. It is anticipated that very little public use would be made of this parcel until it is connected with the public trail system and recreational development is planned (which might include restored marshland) . Therefore, staff recommends an interim status quo approach to use and management including (a) not dedicating the property, (b) restricting public access tempo- rarily (permit only) , and (c) encouraging a caretaker approach with the owner of adjacent Cooley Landing. R-81-17 Page four E. Dedication It is recommended that this property be left in a non-dedicated status, subject to Land and Water Conservation Fund restrictions , which require that the property be used for public recreation purposes. Non-dedication would allow for easy transfer to another public agency to develop and operate all or a portion of the site. F. Name It is recommended that this property be known as part of the District' s San Mateo County Baylands Reserve. G. Terms The attached Purchase Agreement details the conditions of the proposed bargain purchase. As stated in the introduction, the total purchase price is $160 , 200 below the appraised value and represents a unique opportunity for the District. If approved, escrow would close prior to the end of May, 1981 and require a cash payment of $500 ,000 . Funds for the purchase are available in the Previous Land Commitments budget category. Although not in the purchase contract, Leslie Salt has asked for per- mission to retain the right to pump the existing brine from this intake pond to their first west-bay evaporating pond within the next six months. The salt water in this pond has already "cooked" about six months, and Leslie would prefer not to lose this advantage. It appears that this might also be advantageous to the District as it would give the staff time to study the area and be in a position to make recommendations as to clean-up - timing, bay water flow and tide level regulation as it relates to this former salt pond. Also, the Leslie Salt employees would be willing to instruct our staff on the operation and use of the intake mechanism at that time. Finalization of this acquisition would probably complete this Land and Water Conservation Fund project by expending all available funds, and the District could expect reimbursement within approximately six months after close of escrow. H. Recommendation It is recommended that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance and Agreement to Purchase Real Property-Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (San Mateo County Baylands Reserve - Lands of Leslie Salt Co. ) . It is also recommended that you allow Leslie Salt to pump the existing brine from this former salt pond one additional time within the next six months. It is further recommended that you adopt the proposed interim use and management recommendations , including the use of the site by permit only, and leaving this parcel in a non-dedicated status for the time being. ......... .... . . vensWOOw(>o .p 'W EXHIBIT A REGIONAL MAP (USGS) PROPOSED ADDITION TO THE DISTRICT' S SAN MATEO COUNTY Z. BAYLANDS PRESERVE Raven um"Rrof 1"=2000' North jig' 4 A 3 PGA m A. 13 P". X, S11 E V A P'9V R 4j C' SALT A T 0 R B 7 0 <"SLTb"a u g h SALT 6 0 EVAPORATORS d' LLion Propose -Acquis C. 0 a frost. -�,ty f S rancisco r 1311m 8 L Rad ti'J T 0 avenswood ........ .... Prop ed Acquisition , --------- g of Triangle IC S 7'- PACIFIC 'iom e a Co,. s t THERM _Pr EVAPO',RATORS QP 6!X Lt E71 7. proposed,___t rer�k* ? in Open sp� 'c: e Bell H San Mateo County E,' aftj_ 4%-, HE TCH_HETCHLK_­��­ Reserve r. w CITY_ 0- ------- V nsvk�d yp v4yi;ands. IP r at Wo el-UF proposed FfOi ,S!ut3s:a1,on* liliw�Sch I " G 4 .......... 'a Of UK erf.xeri -an beN yo bast Pal 0 Alto tzzl'/ 3 . . ....... . \0 WHIII V D 3 Alvara do 2 C Ij EL 9 Foster Cit \ , x I__ �' PhLfT B�Pnt 4 Z SOUT, aoGa#e k\SAN FRANCISCO\ I- 1 —1 —TW I P LO'ALTO 1Rd. A I NM N--, M NICIPAL 0 41.1 Cr.WILDLI FE REFUGE AIRPORT- R III 4. % 0 Is 2 �101 2 7 Redwood-City '\P1 co T 1.4i' 0 �F T B�C' ast Yacht Club Athertoncry rrtn Palo A to /6 Menlo Park 3 A 0 am 2 A 7 II j Palo o" Y`� ,� � ,�'� r1. I P Sall pi a a a RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY-BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXE- CUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SAN MATEO BAYLANDS RESERVE-LANDS OF LESLIE SALT CO. ) 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 accept the offer contained in that certain purchase agreement-bargain sale between Leslie Salt Co. , a Delaware Corporatioryand the Midpeninsula Regional Open Space District dated May 6, 1981, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for the Grant Deed-Bargain Sale conveying title to the property being acquired by District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance of purchase agreement to sellers. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. PURCHASE AGREEMENT - BARGAIN SALE THIS AGREEMENT made this day of 1981, by and between LESLIE SALT CO. , a Delaware corporation, herein- after referred to as "SELLER, " 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: WHEREAS, SELLER is the owner of certain real property which has natural beauty, open space and recreational value, and ecological signi- ficance, located within the City of Menlo Park, County of San Mateo, and being more particularly described within the body of this agree- ment. WHEREAS, DISTRICT was formed by voter initiative to solicit and receive conveyances of real property, by purchase, gift, or bargain purchase exclusively for public park, recreation, scenic and open space purposes, and WHEREAS, DISTRICT desires to purchase said property both as open space and as part of the recreational, ecological and aesthetic re- sources of the midpeninsula area, and WHEREAS, SELLER, out of its desire to promote the public social and economic welfare, and to share the natural and scenic beauty and enjoy- ment of said property with the citizens of the midpeninsula area, wishes to sell and convey said property to DISTRICT at a purchase price sub- stantially below its fair market value, and DISTRICT wishes to purchase and receive said property at the advantageous bargain price so offered. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1. PURCHASED PROPERTY. SELLER agrees to transfer to DISTRICT, and DISTRICT agrees to acquire from SELLER, on the terms and conditions contained herein, SELLER' S real property located in the City of Menlo Park, County of San Mateo, State of California, consisting of one hundred forty eight (148) acres, more or less, and specifically known and des- cribed in the property description referred to in Prelinimary Title Re- port number 254065, dated March 6, 1981, from First American Title In- surance Company (San Mateo County) , and designated Exhibit "A" , as attached hereto and incorporated herein by this reference, together with all rights and appurtenances thereto. 2. PURCHASE PRICE AND PAYMENT. The total purchase price for the aforesaid real property is and shall be the sum of FIVE HUNDRED THOUSAND AND N01100 DOLLARS ($500, 000) , payable at such time as escrow is other- wise prepared to close in accordance with the terms hereof. Purchase Agreement argain Sale page 2 3. TITLE AND POSSESSION. Title and possession of the aforesaid real property shall be conveyed to DISTRICT at the close of escrow by grant deed. DISTRICT acknowledges that title to the aforesaid real prop- erty will be subject to the following exceptions and encumbrances : a. Taxes, if any, for the fiscal year in which the escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Such covenants, conditions, restrictions and reservations presently of record as indicated in said Preliminary Title Report number 254065 issued by First American Title Insur- ance Company, which is attached hereto as said Exhibit "A" , except item number 11 which shall be eliminated and cleared by SELLER prior to close of escrow. C. Such other covenants, conditions, or restrictions as may be deemed acceptable by DISTRICT. 4. WAIVER OF STATUTORY COMPENSATION/BARGAIN SALE. SELLER and DISTRICT understand and agree that SELLER may be entitled to receive the fair market value of the property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Pro- perty Acquisition Act of 1970 (Public Law 91-646) and California Govern- ment Code Section 7267, and following. SELLER acknowledges that it has obtained and familiarized itself with the applicable Federal Law and California Government Code Sections and further understands that an appraisal has been made of said property that is in excess of the purchase price being paid hereunder. Further, it is acknowledged by DISTRICT and SELLER that the purchase price being paid for the property is less than the property' s fair market value, and that the difference in the price being paid by DISTRICT and the property' s fair market value is being donated to DISTRICT as part of this transaction, and SELLER hereby waives any and all existing and/or future rights it may have to the fair market value of said property, appraisals etc. , as provided for by said Federal Law and California Government Code Sections. 5. COSTS. DISTRICT shall pay and satisfy all escrow, recording and usual title insurance charges and fees incurred in this transaction. SELLER shall be responsible for and pay all costs of any reconveyance of Deed of Trust, full release of mortgage or indenture or any other fees or costs for legal or other services, incurred in connection with the delivery of marketable title to DISTRICT. 6. COMMISSIONS. Neither SELLER nor DISTRICT shall have any obliga- tion to pay any real estate agent' s commission or other related costs or fees in connection with this transaction. Purchase Agreement - argain Sale Page 3 7 . LEASES OR OCCUPANCY OF PREMISES. SELLER warrants that there are no oral or written leases or rental agreements affecting all or any portion of the subject property, or any person lawfully occupying the property, and SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement or occupancy of the property (includ- ing, but not limited to, relocation payments and expenses provided for in section 7270, et seq. , of the California Code) . 8. ACCEPTANCE AND TERM OF ESCROW. DISTRICT shall have fifteen (15) days from and after the execution hereof by SELLER to accept and execute this agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to enter into a contract with DISTRICT on the terms and conditions set forth herein; in consideration of which DISTRICT has paid and SELLER acknowledges receipt of the sum of ten and N0/100 dollars ($10. 00) . In the event DISTRICT does not deliver to SELLER a signed copy of this agreement within said fifteen (15) day period, this agreement shall be automatically terminated and of no further force and effect. Providing that SELLER executes and delivers this agreement on or before May 6, 1981, and it is accepted by DISTRICT as provided above, this transaction shall close on or before May 29, 1981 through an escrow conducted by First American Title Insurance Company, 555 Marshall Street, Redwood City, California 95064. 9. The provisions hereof shall accrue to the benefit of and bind the respective successors and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN LESLIE SALT CO. , A DELAWARE SPACE DISTRICT CORPORATION APPROVED AND ACCEPTED: President, Board of Directors BY: President ATTEST: BY: District Clerk Secretary DATED: 2ND AMENDEL PPLEMENTAL 4ST AM F.qtC PRELIMINARY REPORT First American Title Insurance Company "v Sall Mateo Count) Division Subicct to a minimum charjvc a, required by Scam 124,14 of the FORMERLY -San Itateo County Title Compam ESTABLISHED 1874 Insurance 6xic. Refer to Order Number and Office as indicated. MIDPENINSULA REGIONAL 254605 TSP OPEN SPACE DISTRICT 555 Marshall Street (415) 367-9050 Redwood City, Co. 94064 745 DISTEL DRIVE 1100 So. El Camino Real (415) 341-2691 LO S ALTOS , CA. 94022 San Mateo, Co. 94402 1001 Crane Street (415) 323-7775 Menlo Park, Co. 94025 -- 777 Koins Avenue (415) 583-9324 San Bruno, Co. 94066 -- —_ 150 88th Street (415) 992-4606 Daly City, Co. 94017 100 Cabrillo Hwy. North (415) 726.4416 Half Moon Bay, Co. 94019 Customer's Reference: _ 401-G Primrose Road (415) 347-7076 Burlingame, Co. 94010 Form of Policy Coverage Requested:-CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —AMERICAN LAND TITLE ASSOCIATION LOAN POLICY In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of March 6 , 1981 at 7:30 a.m. T. S_COTT PERKINS_ ESCROW / TITLE OFFICEF Title of said estate or interest at the date hereof is vested in: LESLIE SALT CO. , a Delaware corporation. The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: EI If LAO I Page —L.of� Continued Page 2 . 2ND AMENDED SUPPLEMENTAL REPORT 254605 Page 2. 1. General and Special Taxes for the fiscal year 1981-82, now a lien, but not yet due or payable. 2. General and Special Taxes for the fiscal year 1980-81. First Installment $274.88 - PAID Second Installment $274.88 Personal Property $329.00 Code Area 8-37 A.P. #063-590-010 Covers portion of property under search, being 35.179 acres, more or less. First Installment $10 .61 - PAID Second Installment $10 .61 Code Area 72-2 A.P. #063-590-040 Covers portion of property under search, being 3 . 36 acres, more or less. First Installment $229. 21 - PAID Second Installment $229.21 Code Area 8-37 A.P. #063-590-050 Covers portion of property under search, being 113 .01 acres, more pr less. 3. RIGHTS AND EASEMENTS for commerce, nagivation and fishery. Affects that portion of the herein described property lying outside of Parcel SM-1 as said Parcel was described in that certain Deed to Leslie Salt Co. , a Delaware corporation, recorded February 1, 1968 in Book 5426 of Official Records at page 126 (File No. 15988-AB) Records of San Mateo County, California. 4. ANY ADVERSE CLAIM based upon the assertain that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. Affects that portion of the herein described lands lying outside of Parcel SM-1, as said Parcel was described in that certain Deed to Leslie Salt Co. , a Delaware corporation, recorded February 1, 1968 in Book 5426 of Official Records at page 126 (File No. 15988-AB) , Records of San Mateo County, California. 5. EASEMENT for any existing roadways along the Southerly boundary of the herein described property. r,HISIT -- of 2ND AMENDED SUPPLEMENTAL REPORT 254605 Page 3 . 6. RIGHT OF WAY over the herein described property, as granted in Instrument From : Spring Valley Water Company, a corporation TO : Sierra and San Francisco Power Company, a corporation Dated : January 17 , 1910 Recorded : February 26, 1910 Book/Reel 178 of Deeds at Page/Image 47, Records of San Mateo County, California. Grants Right of Way for single line of towers and wires across the herein described property. 7. RIGHT OF WAY over the herein described property, as granted in Grant From : Spring Valley Water Company, a corporation TO : Sierra and San Francisco Power Company, a corporation; and Pacific Gas and Electric Company, a corporation Dated : April 26, 1926 Recorded : June 19 , 1933 Document No : 26365-C Book/Reel 599 of Official Records of San Mateo County at Page/ Image 177. Modifies right of way set forth in Exception No. 7 herein. 8. RIGHT OF WAY over the herein described property, as granted in Instrument From : Leslie Salt Company, a Delaware corporation TO : Pacific Gas and Electric Company, a California corporation Dated : January 24, 1961 Recorded : March 1, 1961 Document No: 35242-T Book/Reel 3941 of Official Records of San Mateo County at Page/ Image 5 02. Grants Right of Way 100 feet wide for electric transmission, towers and wires. 9. RIGHT OF WAY over the herein described property, as granted in Instrument From : Leslie Salt Co. , a Delaware corporation TO : Robert R. Humphrey and Roberta J. Humphrey Dated : March 10 , 1961 Recorded : April 4 , 1961 Document No: 45478-T Book/Reel 3961 of Official Records of San Mateo County at Page/ Image 32. Grants a non-exclusive easement for sewer, gas and water pipe lines and a right of way for road purposes over the Southeasterly 50 feet. Said right of way contains the following reservations: E-X F! I T r -3 OT"'4d" 2ND AMENDED SUPPLEMENTAL REPORT 254605 Page 4 . The easement hereby granted is subject to the right of Grantor its employees, invitees, lessees, grantees, successors and assigns, to use said easement and to connect to, attach to or otherwise use any sewer, gas or water pipe lines installed by Grantees. Grantor reserves unto itself, its successors and assigns, the right to cross over, under and along said easement for the purpose of constructing, maintaining and operating thereon any number of pole lines, pipe lines, and such other structures that are necessary and desirable in the operation of its business. In the event that any structures installed by Grantees interfere with the Grantor' s future business, Grantees shall relocate such structures and said road upon request, the cost of said relocation to be borne by Grantees. Grantees agree to hold Grantor harmless for any and all claims for injury or damages to any person or liability therefor or for damages to any property, and for any waste, deterioration, spoilation, overflow or flooding of said easement. In the event either the Grantees or the Grantor desire to dedicate this property to the City of Menlo park for street and other public purposes, both parties will release and convey their interest to the City of the cost of improving said street shall be paid by the party then desiring the dediation. The provisions of this instrument shall be binding upon the successors and assigns of the parties. 10 . RIGHT OF WAY over the herein described property, as granted in Instrument From : Leslie Salt Co. , a Delaware corporation To : Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, California corporations Dated : March 25, 1965 Recorded 0 . May 24, 1965 Document No: 51491-Y Book/Reel 4957 of Official Records of San Mateo County at Page/ Image 461. Grants Right of Way for poles and wires over the Southeasterly portion of property herein described. 11. INDENTURE to secure Bonds to be issued: between : Leslie Salt Co. , a corporation and : Crocker-Citizens National Bank, a national banking association dated : May 1, 1965 recorded : May 14 , 1965 File No. : 48546-Y Book 4952 of Official Records at page 330, Records of San Mateo County, California, Covers property under search and other property, E H:B i T of 2ND AMENDED SUPPLEMENTAL REPORT 254605 Page 5 . FIRST SUPPLEMENTAL INDENTURE recorded . April 11, 1967 File No. : 40651-AA Book 5292 of Official Records at page 227, Records of San Mateo County, California. (b) SECOND SUPPLEMENTAL INDENTURE recorded : March 22, 1971 File No. : 91503-AD Book 5913 of Official Records at page 138, Records of San Mateo County, California. (c) THIRD SUPPLEMENTAL INDENTURE recorded : August 9 , 1973 File No. : 63702-AG Book 6448 of Official Records at page 85, Records of San Mateo County, California. (d) FOURTH SUPPLEMENTAL INDENTURE recorded : December 27, 1973 File No. : 2938-AH Book 6525 of Official Records at page 702, Records of San Mateo County, California. (e) FIFTH SUPPLEMENTAL INDENTURE recorded : June 23, 1976 File No . : 88953-AJ Book 7163 of Official Records at page 695, Records of San Mateo County, California. (f) SIXTH SUPPLEMENTAL INDENTURE recorded : December 5, 1978 File No. : 48050-AN Book 7804 of Official Records at page 36, Records of San Mateo County, California. 12 . POSSIBLE CLAIMS of the State of California to that portion of the herein described lands lying outside of Parcel SM-1, as said Parcel was described in that certan Deed to Leslie Salt Co. , a Delaware corporation, recorded February 1, 1968 in Book 5426 of Official Records at page 126 ( File No. 15988-AB) , Records of San Mateo County, California. EXHIBIT 14 of 2ND AMENDED SUPPLEMENTAL REPORT 254605 Page 6 . 13. EFFECT of that certain Recital as contained in Instrument: from : State of California to : Leslie Salt Co. , a Delaware corporation recorded : February 1, 1968 File No. : 15988-AB Book 5426 of Official Records at page 126, Records of San Mateo County, California, which recites as follows: "This patent shall not operate to relinquish any rights of the State of any portion of said property which was acquired by the State in some manner other than by virtue of the State's sovereignty, or by viture of said land having been received by the State as swamp and overflowed lands ( the Act of September 28, 1850 (9 U.S. STAT. 519 ) as amended (see 43 U.S.C. Secs. 981 et seq. ) , and which now is (a) used for highway purposes, or (b) improved, occupied and used by the State, or (c) presently vested in the State according to the records in the office of the County Recorder of said County which impart constructive notice." 14. LAND CONSERVATIN AGREEMENT: between : Leslie Salt Co. , a corporation and : City of Menlo Park, a municipal corporation dated : May 12 , 1970 recorded : May 14 , 1970 File No. : 17777-AD Book 5871 of Official Records at page 370, Records of San Mateo County, California. Affects property herein, except the Southerly 180 feet, more or less. 15. RIGHT OF WAY AGREEMENT over the herein described property, as granted in Instrument between : Leslie Salt Co. , a Delaware corporation and : Pacific Gas and Electric Company, a California corporation Dated : April 19, 1971 Recorded : May 26, 1971 Document No: 10243-AE Book/Reel 5948 of Official Records of San Mateo County at Page/ Image 45. Modifies Easement referred to Exception No. 7 herein. 16. POSSIBLE RIGHTS of the public to traverse the foreshore and along and above the sea at any stage of the tide or waves and to the use thereof for recreational purposes and for access thereto. 2ND AMENDED SUPPLEMENTAL REPORT 254605 Page 7 . 17 . EASEMENT over the herein described property, as granted in Instrument From : Leslie Salt Co. , a Delaware corporation TO : Pacific Gas and Electric Copany, a California corporation Dated : February 24, 1975 Recorded : March 13 , 1975 Document No: 29339-AI Book/Reel 6799 of Official Records of San Mateo County at Page/ Image 26. Affects a 40 foot strip and anchors within the Southerly 180 feet of property herein described. DESCRIPTION The land herein referred to is situated in the State of California, County of San Mateo, City of Menlo Park, and is described as follows: COMMENCING at Station "P.M.C. 7" of the official Survey of the Rancho de las Pulgas; thence South 18* 021 West 23 chains to the Section "P.M.C. 6" , South 440 30 ' East 37 chains to Station "P.M.C. 5" , South 23* 23 ' West 61 .13 feet; thence leaving said Rancho line North 66* 26 ' East 889. 3 feet to the Southerly terminus of that line described in Boundary Agreement, between Westbay Community Associates and Leslie Salt Company, recorded October 25, 1977 in Book 7639 of Official Records at page 283 (File No. 87853-AL) , Records of San Mateo County, California, said terminus being described therein as being a point which is located South 00* 551 58" West 85.43 feet from a 2" x 2" wooden stake set for the North quarter corner of Section 30, T.5 S. , R.2 W. , Mt. Diablo Meridian, said stake set 104. 49 feet Southerly of a found 3/4" iron pipe monument tagged "R.C.E. 5476" , and 85.50 feet Northerly of a similar found ,monument, and both of which found monuments are shown on the Record of Survey Map of 6.62 acre parcel in Menlo Park, California, recorded December 29, 1960 in Book 4 of L.L.S. -Maps at page 100, Records of San Maeo County, California, and said quarter corner being distant North 220 221 46" East 394.05 feet from a survey control point called "488-4" , being a "remset nail" and tin on the East footing of P.G.& E. Tower No. 10/68/2 ; thence Northerly, and along the line described in said boundary ling agreement the following courses: North 00 551 58" East 1399.70 feet, North 880 38 ' 47" West 381.53 feet, North 1* 311 15" West 104.70 feet, North 6* 261 09" West 970.36 feet, North 220 461 01" East 1249.03 feet, and North 30* 061 17" West 580 feet, more or less, to the Southeasterly line of the Southern Pacific Company 250 foot wide right of way and the terminus of said Boundary Agreement; thence Southwesterly along last named boundary, on a curve to the right, with a radius of 11,584.2 feet, an arc distance of 36 chains, more or less, to a point on that certain course in the boundary of said Rancho de las Pulgas, extending from Station "P.M.C. "7" to P.M.C. "8"; thence along said course South 270 East 1.12 chains, more or less, to the point of commencment. A.P. #063-590-010 J.P.N. 63 59 590 1 A 063-590-040 63 59 590 4 A CA,H 12 1 T 063-590-050 - 63 59 590 5 A Pa pf O BK-95 0 23 .��� y..:J w. Jul n Y '+ti qr� �; � •�, f T-% ti A0 a.6114 o a' S3.s. i n f nt,,.) Q v ` .. ---- ACREAGE C/�y' c*NLO PAR R-81-20 (Meeting 81-13 May 13 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT May 8 , 1981 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: S . Sessions , Land Manager, D. Woods , Open Space Planner, and M. Gundert, Associate Open Space Planner SUBJECT: Review of Use and Management Plans for Thornewood, Los Trancos and Russian Ridge Open Space Preserves and the Use and Management Plan for Windy Hill Open Space Preserve Introduction: The use and management plans for Planning Area III were last reviewed on April 3 , 1980 in the form of a summary report. The land management planning process requires use and management plans for District lands to be reviewed in depth every two years. The following report represents a detailed review to provide an oppor- tunity to evaluate the status of policy, use and physical improve- ments of the preserves. This use and management plan review covers Planning Area III which includes Thornewood, Los Trancos , and Russian Ridge Open Space Pre- serves. Since the last review, several acquisitions have been made totalling an addition of 809 . 5 acres to the planning area, as well as a 4. 5 acre trail easement. The majority of the land acquired is the Windy Hill Open Space Preserve , accounting for 537 acres. The complete use and management plan for this Preserve is included in this report. The following list indicates the land acquired by the District since April 3 , 1980 : A. Los Trancos Open Space Preserve : Total present acreage 258 acres; dedicated. No new acquisitions. B. Russian Ridge Open Space Preserve : Total present acreage 435 acres ; 412 acres dedicated. New acquisitions : 1. Schroeder Parcel - 11. 5 acres , escrow closed November 7 , 1980 ; dedicated 2 . Fine Parcel - 23 acres , escrow closed May 5 , 1980 ; undedicated 3 . Coplon Parcel - 238 acres, escrow closed March 19 , 1981; dedicated C. Thornewood: Total present acreage (including easement) - 91. 5 acres ; dedicated. New acquisitions : Oswald Property - 4 . 5 acre trail easement, escrow closed January 28 , 1981; dedicated R-81-20 Page two D. Windy Hill Open Space Preserve: 537 acres , escrow closed January 29 , 1981; dedicated A. Los Trancos Open Space Preserve This Preserve continues to be one of the District' s most popular sites. This may be attributed to its location, easy access , trail and parking area development, and the relatively high level of publicity connected with Preserve events. Docent-led tours continue to play an important role in the events at Los Trancos, and although the number of visitors involved in the hikes does not necessarily reflect usage of the Preserve, it does give an indication of the important role the Docents serve. In the past year, 465 visitors have been involved in regularly scheduled Docent-led walks and 871 visitors have participated in requested walks. During the spring, the parking lot has been full almost every weekend, with additional cars parking on Page mill Road. The weekend parking situation requires a significant amount of the rangers ' time directing traffic and will , we hope , be mitigated by the development of the Monte Bello Preserve parking lot. Since construction in 1977 , the trails system has remained in excellent condition, requiring a minimum of maintenance. The trail system, which consists of three loops and connecting trails has , in the past, created some confusion. Last year the Board authorized staff to install new trail signs in the lower loop. However, to remain consistent with the style of the District' s trail signs , staff moved to resign the entire trail area. New trail signs consistent with the style of the District' s signs used at Rancho San Antonio and Fremont Older Open Space Preserves are currently on order. It is anticipated the signs will be installed within the next 60 days. The site brochures have been updated to reflect the trail names . At the time of purchase, the Los Trancos Preserve was being heavily overgrazed and, as a result, suffered a rodent problem. Upon removal of the cattle , the grassland areas began to re- cover, and a sharp decrease in the rodent population occurred as a result. The knoll areas adjacent to the parking lot are now showing evidence of heavy foot traffic as people stray from the trails to hike to the tops of the knolls. The soil is being compacted in this area and the grass areas denuded. Status of Existing Major Recommendations The status of use and management plan recommendations contained in last year' s review (report R-80-13, dated April 3 , 1980) is : 1. The replacement of the perimeter fence. Status and recommendation : This project was held in abeyance due to budget limitations. Installation of a portion of split rail fence from the existing service gate to the existing split rail fence opposite Canyon Trail should be constructed. Cost: approximately $1,000 , proposed in FY 81/82 budget. R-81-20 Page three 2. Installation of traffic warning signs . Status and recommendation: Traffic warning signs were in- stalled, but due to vandalism and a decrease in the equestrian traffic, they have been removed and would not be replaced. 3 . Provision of restroom facilities on a seasonal basis . Status and recommendation : These were temporarily installed due to increased use of the Preserve during the spring. Staff again recommends that portable restroom units be installed for a 90 day period. Cost: approximately $150 , included in FY 80/81 budget. Restroom facilities have been included in the plans for the Monte Bello parking lot and, when completed, could serve the Los Trancos Open Space Preserve as well . 4. Signing the lower loop trail; making signing consistent with the style of District trail signs . Status : New signs have been ordered to eliminate the confusion on the trails and it is anticipated the project will be com- pleted within two months. The signs were recently destroyed in a fire at the vendor' s place of business , and have been made anew. The site brochures have been updated to reflect trail names. 5 . An old concrete and wood cistern which is no longer used should be filled due to the hazard it represents . Status and recommendation: Staff now recommends removal of the cistern to occur in conjunction with the removal of the cisterns on Monte Bello Open Space Preserve scheduled for this spring. Cost: approximately $750 , proposed in FY 81/82 budget. New Use and Management Recommendations 1. Construct memorial bench. Discussion and recommendation: A friend of the District has requested a memorial bench be constructed on one of the District' s Preserves . The cost of the bench and an endow- ment for maintenance has been offered to the District. Staff has selected the Los Trancos Open Space Preserve as a suitable location for such a bench. The bench would be installed adjacent to the fault trail. 2. Seeding in spring of heavily used knoll areas. Discussion and recommendation: Due to the increased use of this area as a popular vista point, signs of concentrated usage are becoming evident. Seeding of the area and the proper use restrictions should apply until stabilization of the site occurs and the knolls return to their natural condition. Cost: approximately $200 ; proposed in FY 81/82 budget. 3 . Removal of equestrian stile near service gate. Discussion and recommendation: The equestrian stile near the service gate should be removed and a new equestrian stile installed on the Los Trancos Preserve opposite the entrance to Canyon Trail on Monte Bello Open Space Preserve. Cost: approximately $150; proposed in FY 81/82 budget. R-81-20 Page four 4 . New trail markers for interpretive trails. Discussion and recommendation: The trail markers along the earthquake fault trail should be replaced with similar markers. Cost: approximately $50 ; proposed in FY 81/82 budget. B. Russian Ridge Open Space Preserve The Russian Ridge Open Space Preserve is comprised of two geo- graphically separated areas. The two areas will be reviewed separately. 1. Russian Ridge open Space Preserve, Mt. Melville Area The Preserve was expanded by 11. 5 acres. when the District acquired the Schroeder property in October, 1980 . At that time the entire Mt. Melville area was dedicated as open space. The house located near the intersection of Skyline Boulevard and Langley Hill Road has been vacant since June 30 , 1980 despite actions taken by staff to arrange for a short term tenant to occupy the site. The house and garage have been secured with no problems of vandalism thus far. Status of Existing Major Recommendations Defer action on disposition of the house until staff is able to consider alternatives after site emphasis and ranger resi- dence policies are sufficiently resolved, and continuation during this period of the present status with the structures secured and no caretaker. (M-80-89 , dated December 1, 1980) . The present status of the structures should be continued until such time as the ranger residence program is resolved and the Board reviews site emphasis recommendations for the number and location of sites to be emphasized. Staff will then act in the formulation of alternatives and use and management recommendations for the house . New Use and Management Recommendations a. Clearing of debris and building materials. Discussion: Several piles of debris and building materials are scattered near the house area and along the road. These areas should be cleared of debris and returned to their natural condition. b. Fencing. Discussion: Fencing should be improved along Langley Hill Road to discourage vehicular and pedestrian use in the area near the structures. 2. Russian Ridge Open Space Preserve This Preserve has been expanded by 261 acres since April 3 , 1980 . On May 5 , 1980 the 23 acre Fine property (undedicated) was acquired, and on March 19 , 1981 title was received to the 238 acre Coplon property (dedicated) . R-81-20 Page five The District' s percentage of the 1300 acre grazing lease income on Russian Ridge was expanded considerably with the addition of the Coplon property. The existing lease stipu- lates a charge of $5 .75 per acre and should now bring the District approximately $2100 per fiscal year. The debris and junked vehicles have been removed from the former Fine property with the exception of a tractor. The numerous roads and generally disturbed nature of the site have been a concern, but since the removal of structures and debris, the area is beginning to recover. Status of Existing Major Recommendations a. The current grazing lease should be continued until an assessment of the lease conditions and site can be com- pleted. (R-81-8 , dated February 5 , 1981) Status : Staff considers this grazing activity compatible with other uses of the Preserve. There is , however, a concern that the property be grazed in a responsible manner (i.e. consideration given to carrying capacity and property maintenance. ) The existing grazing lease should be continued while staff investigates an overall grazing plan for District lands along the Skyline Corridor. This plan could provide for rotational use of various properties in order to enhance rangeland, increase revenue and promote viable proposals from prospective tenants. New Use and Management Recommendations a. Addition of a hiking stile along Skyline Boulevard. Discussion: A hiking stile should be installed at the northernmost end of the Preserve across from the CALTRANS vista point on Skyline Boulevard and adjacent to the access gate. Cost: approximately $150 ; proposed in FY; Al/82 budget b. Replacement of access gate. Discussion: The access gate located at the northernmost end of the Preserve should be replaced with a standard District pipe gate. Cost: approximately $800 ; budgeted in FY 80/81 budget C. Removal of tractor. Discussion: The tractor located on the Fine property should be removed by the owner within the next sixty days . d. Dedication of the former Fine property. Discussion: The 23 acre property formerly owned by Fine should be dedicated as open space. Dedication of the property was withheld at the time of acquisition due to the possibility of funding difficulties for the District dependent upon the passing of Proposition 9 . However, since Proposition 9 did not pass , the property may now be dedicated. R-81-20 Page six e. Site Cleanup. Discussion: There is debris left on the site that should be removed. This could be accomplished by volunteers . C. Thornewood The District has acquired a 4 . 5 acre public trail easement through the Oswald property which connects Wunderlich County Park and Thornewood. Additional trail easements and/or acquisitions are needed to connect the trail system to Portola Valley. At such time as a trails plan for the area is designed, staff will return to the Board with plans for a proposed trail route and specific use and management recommendations relating to the trails. In exchange for the trail easement across the Oswald property, a water line was constructed across the Thornewood site. The water line is complete and the road has been restored. A fire hydrant has also been installed in the cul-de-sac area and a meter hook-up to the completed water system is available to the house. The Board-appointed Thornewood Proposals Review Committee is currently in the process of evaluating proposals for ultimate disposition of the house and grounds area. At such time as the Committee makes its final recommendation, staff will respond. Until a final decision is made regarding the house and grounds area, the District would continue the month-to-month rental arrangement. Status of Existing Major Recommendations 1. Wunderlich Trail Connection. The 4 . 5 acre public trail easement across the Oswald property has been acquired and dedicated. The trail is not anticipated to be constructed until a trails plan for the area, including a connecting trail within Wunderlich Park, is designed. New Use and Management Recommendations 1. Possible agricultural use of the western portion of the site. Discussion: A local resident and vintner has expressed an interest in possibly leasing 3/4 acre of the property directly west of the existing life estate for the purpose of cultivating grapes. Staff feels this could be a compatible use and is currently exploring this possibility, particularly in regard to suitability of land use and potential conflicts with future trail alignment. The interested party has offered to conduct a feasibility study. Staff would return to Board with further recommendations on completion of these studies . D. Windy Hill Open Space Preserve - Use and Management Plan Introduction: The Windy Hill Open Space Preserve was acquired December 30 , 1980 from Peninsula Open Space Trust (P.O.S .T. ) , with escrow closing on January 20 , 1981 . During the nine months prior to acquisition, P.O.S .T. had a limited management agreement with the District, granting the District the right to patrol the property and enforce certain District ordinances . R-81-20 Page six C. Thornewood The Distric R-81-20 Page seven As part of the land use planning process following acquisition, two public workshops were held (3/16/81, 3/29/81) , inviting neighbors and other interested individuals to discuss future development and management plans for the property. Concerns were expressed over parking, trails , grazing, and hang gliding. 1. Site Description Windy Hill Open Space Preserve is located on the east side of Skyline Boulevard above Portola Valley. The property en- compasses 537 acres and includes the ridgeline between Hamms and Jones Gulches as well as the prominent Windy Hill . Vege- tation consists of grass and chaparral on the slopes, with coniferous forest filling the ravines. A dominant feature is the open expanse of grassland extending down the east facing slope of Windy Hill. 2. Planning Considerations The Preserve is entirely within the Town of Portola Valley and zoned M-R (Mountainous Residential) . The M-R District is in- tended to promote preservation of the unspoiled nature of the mountainous terrain. The Town also has an adopted Trail and Pathways Plan showing various trails located on this site. Covenants , Conditions, and Restrictions attached to the Deed indicate permitted, prohibited, and conditional uses for the site. These attachments include provisions for design review and/or Town Council approval for development and uses other than those freely permitted. Town staff will be kept informed of proposed use and management plans as approved by the Board of Directors. You have recently made site emphasis policy decisions which will guide staff in the preparation of a general plan for emphasized sites , including the number and location of these sites. 3. Use and Management Recommendations Since the general plan for emphasized sites has not yet been prepared, staff recommends a status quo approach to use and management of this site. Windy Hill open Space Preserve would remain open to the public, but there would be no attempt to increase use of the area. a) Access and Circulation 1) Parking. The Spring Ridge parking area, which accommodates approximately 15 cars, has had late night use that has caused problems . To curtail this activity, staff recommends signing the area with allowed hours of use, and increasing the patrol frequency. If this is not sufficient, roadside fencing and gating should be installed. R-81-20 Page eight The roadside pullout at the northern boundary of the site is popular because of the view and its close proximity to the trailhead leading down to Portola Valley. This pullout is dangerous because of its irregular shape and poor line of sight, creating problems when vehicles pull in and out. This pullout should be better defined with fencing in order to decrease the parking hazard. Staff would work with Cal Trans if it appears a barrier is necessary within the highway right of way. Other access points along Skyline Boulevard should be fenced and gated to prevent motorcycle and 4 wheel drive access. Cost: approximately $3600 , proposed in FY 81/82 budget. 2. Trails The existing trails on the site should remain open for equestrian and hiking use. The Portola Valley Trails and Pathways Plan shows two proposed trails descending from Skyline to Portola Valley: one along Hamms Gulch, the other along Jones Gulch, with a connecting link between the two. The location of these trail corridors should be generally identified, yet the precise alignment should remain flexible in order to connect appropriately with trails proposed on adjacent lands. No new trails are recom- mended at this time. The Town of Portola Valley is currently considering a proposed development on the lower portion of Spring Ridge (Aries proposal) . The District should request the opportunity to review any proposed trail easements across this property which could have an impact on the Preserve . If there are to be connections between the two properties , the Town and District should work together on the planning. A trail easement from the Preserve to Alpine Road along Hamms Gulch has been proposed to the affected property owner by the Portola Valley Trails Council . The owner has agreed to the concept, but no action has yet occurred. This trail segment would be dedi- cated to and maintained by the Town of Portola Valley. b) Signs Regulatory signs should be installed at the Spring Ridge Parking Area and at the roadside pullout near the north trail head. Property lines should be marked with addi- tional boundary plaques and fire lane signs should be placed on vehicle access roads. When requested by property owners , private property signs should be placed on trails where they enter adjacent properties . Cost: approximately $450; proposed in FY 81/82 budget. R-81-20 Page nine c) Brochure A brochure should be available from the District upon request. A simple folded 83,2 x 11 brochure would contain a site description and map showing existing trails and parking. Cost: approximately $200 ; proposed in FY 81/82 budget. d) Structures The picnic tables located next to the Spring Ridge Parking Area are occasionally vandalized. Since picnic tables are not consistent with the District' s site development policies , staff recommends they be removed as they deteriorate and become unusable. The interim use and management plan adopted December 12 , 1980 recommended that the cistern on top of the hill be removed. Demolition is scheduled for early summer of this year. Cost: approximately $500 ; included in FY 80/81 budget. There is a road leading from Skyline Boulevard northeastward to Alpine Road. The District has an agreement with the adjacent property owner to permit patrol vehicles to pass through. The District' s upper portion of the road has been closed due to a slide. It is recommended the road be sufficiently improved to provide for this patrol route. Cost: approximately $1000; proposed in FY 81/82 budget. 5. Natural Resource Management The property is currently grazed by cattle under a lease agree- ment with adjacent property owners. The District receives 1/3 of the revenue which amounts to approximately $100 per month. However, the fences bordering Skyline Boulevard are in ex- tremely poor condition, and cattle frequently get loose on the road. Since the lessee is an absentee tenant, the loose cattle cause management problems for staff. Staff therefore recommends that the current grazing lease be continued, with the condition that the fencing along Skyline Boulevard be properly repaired by the tenant. In addition, staff should explore the possibility of an ongoing grazing plan for the Skyline Area to include grazing units at Windy Hill, Russian Ridge , and Monte Bello. As previously mentioned, it may be possible to graze this area on a rotational basis, benefiting both the tenant and the District. Fires have occurred from time to time on the Preserve along Skyline Boulevard before the District acquired the property. The last two were in the summer of 1978 and were believed to be caused by arson. The District should disc a fire break along the road to minimize the hazard. R-81-20 Page ten 6 . Special Activities In the past few years , hang gliding has become a popular activity at Windy Hill. According to hang gliding enthusiasts , the site offers one of the only unobstructed northeastern facing slopes on the Skyline Ridge. Most participants launch from Windy Hill and land on public and private properties along Portola Road. The activity has been prohibited since P.O.S.T. acquired the site. The District continued the policy primarily because hang gliding is a conditional use contained in the deed re- strictions . Reinstatement of this use would require approval by the Town Council of Portola Valley in addition to your approval. Representatives from a local hang gliding club attended the public workshop and submitted a report to staff to assist in the evaluation of their activity. They have requested that the use be reinstated and have offered suggestions for manage- ment of the area. Staff has surveyed other public parklands in the Bay Area to understand better the problems associated with hang gliding. They are as follows : a) Assurances that only qualified and responsible pilots use the site. b) Assurances that users are adequately insured to decrease liability problems. c) Acceptable landing areas that provide adequate open space not having conflicting uses. d) A method to prevent users in flight from landing (trespassing) on private property. e) Control over traffic and parking for specators. Currently, one of the most successful hang gliding programs is conducted within Santa Clara County' s Ed Levin Park. It is apparent that many of the problems in managing this activity can be reduced when there is complete control over the launching area. At Ed Levin, the upper hills are accessible only through locked gates, thus providing a control point by which quali- fications, insurance and landing instructions can be checked. Staff feels that in order to develop a hang gliding program at Windy Hill, a manageable launching and landing area is essential. Because the upper portion of the site is adjacent to a public highway and the lower portion is largely private property, hang gliding is not recommended at this time. Staff would be willing to continue to work with representatives of the interested club and the Town of Portola Valley to explore whether there might be an acceptable plan. Soaring is also an activity which has occurred at Windy Hill. Soaring is the use of radio-controlled model soaring (no engines) aircraft which are launched and landed in the same location. They have approximately a 5-6 foot wing span and R-81-20 Page eleven are usually in control throughout flight. A soaring club has requested the use of Windy Hill to continue their activity. In evaluating the proposed use , the following concerns were addressed: a) Soaring could be a conflicting use with equestrian and grazing activities . It could, in addition, encourage trespassing or an overhead disturbance to grazing activities on adjacent properties. b) An out-of-control glider could endanger other users of the site, although at the current level of use, chances are remote. c) Participants should be adequately insured to decrease the District's liability. d) Only qualified and responsible operators should be permitted to use the site. Staff is recommending the reinstatement of soaring at Windy Hill. The use would be conducted under special permit for a six month maximum period, stipulating the area to which flights are restricted, and designating a recognized soaring associ- ation to administer the individual use. Appropriate signing would require users to obtain permits through the association, thereby making sure individuals are qualified and properly insured. If problems result in unauthorized use , trespassing or conflict with other uses exist, the permit would be termi- nated. The activities would also be re-evaluated in six months and a decision made by staff whether or not to extend the permit. If it were not extended, the user group could present its case to you. Recommendation: It is recommended that you adopt the use and manage- ment recommendations contained in this report, including the dedication of the Fine property. wo N, oil Ole 00 C?ncl ti!�! —j \ •fl • it w It )VAIN x `) 7l 1 +fi. (� - Inca41 U) i .f � ��\ \ \� / \✓ ��%� r �� �� 1/��� 11 l _ • ��j i ` 1 I 'i` — , jam;'� ! -✓ \��R l�\\\�4�-�? .��� . ,\�,�• �l•�� v�''�� ' ' _`\�- �/% is ��/��� ;��t''M1'.x �\ O arty� ' •,\ •��ti �I c \\ ;`L-`•.��/ �6d ` 4� ,ii / LSO �r` ...". - _\`;-``1.." 1 1 ../ ..\} \;�./\— ~\. { \` 4•— VS S y Londa \ \ s Yallep �• ( � ' ' EXHIBIT A - SITE PAP (USGS) •,a ! L!1 /� WINDY HILL OPEN SPACE PRESERVE •r�—- ;_ .—, Los. Trancos \Woods ,�' ��, Patrol Road '� Existing Trail 7.1 „,,a•±t ;; Proposed Trail .�..�. \; M_ fIYILLf •;;` ''-_-�.` j Corridors (P.V. Trails/Pathways Plan) �uraaEr Mu , •La Honda \�,_ _ '��� i` l 1" = 20001 North _ .,. iiif_,rc.-h:.�rrlr-'�.��1<�i/�l! 1\ ,��'. IlIL�—:'L`r--�..yv.•/�llr��'_�..c�'�s-`.������..��.�1���� �.. � � � ' 169 Wayside Circle Portola Valley, California 94025 April 26, 1981 Midpeninsula Regional Open Space District 375 Distel Circle Los Altos, California 94022 Attention: D. Woods, Open Space Planner Dear Mr. Woods; Enclosed is report and attachments prepared for the District staff and Board as a public contribution to the preparation of the Use and Management Plan for the Windy Hill Open Space Preserve acquisition. This report is intended to provide the District with background information and specific recommendations regarding Hang Gliding at Windy Hill. If I can provide further information on this subject or help in any way in resolving the issues involved please contact me. Other contacts are listed in the report. Sincerely, Hi/oVnY� HANG GLIDING AT WINDY HILL A Report to: The Midpeninsula Regional Open Space District Prepared by: G. Hilborn April 26, 1981 SUMMARY Windy Hill has historically provided the only Northeast-facing hang glider launch point on the Coastal Ridge. This unique launch point overlooks the valley and supports flights to several alternate landing areas, which include both Town of Portola Valley and private property. This form of public land use is quiet, non-destructive, and enjoyable by both participants and spectators. It is fully compatible with the unique terrain and with other contemplated uses of Windy Hill. Details of regulation, insurance, and liability can be resolved - as they have been in other similar public land sites. It is therefore recommended that continuation of hang gliding be included in the Use and Management Plan for the Windy Hill Open Space Preserve acquisition. 1.0 HANG GLIDING: BACKGROUND INFORMATION 1.1 What is Hang Gliding? Hang gliding is the sport of human foot-launched flight, utilizing only the lift generated by the lightweight craft moving under the influences of gravity and natural air currents. As used here, the term "hang gliding" refers only to powerless flight, and not to any form of powered aircraft. For most hang glider designs, the pilot is suspended ("hanging") in a harness which provides support and permits maneuvering by weight shift. With the absence of natural updrafts, a hang gliding flight is a pure gliding and maneuvering operation lasting only as long as the altitude loss between launch and landing permits (3-4 minutes per thousand feet). Under favorable conditions of updrafts, a skilled pilot in a modern hang glider weighing 50-60 lbs, can remain aloft, soaring for extended periods. In exceptionally good combinations of weather and terrain, a hang gliders have been flown to great altitudes and covered long distances. (Flights of over 17,000 feet above sea level and covering distances of over 100 miles have been achieved along the Inyo-White mountain range in the Owens Valley.) 1.2 Some History The activity of hang gliding dates back to the pioneering flights of Otto Lilienthal in Germany in the 1890"s. It was continued by the Wright Brothers and other aviation pioneers as an unpowered flight test technique. It Page 2 got its start as a modern sport adapting extremely weight-efficient structures from some invented as a part of the NASA space program to return equipment from space - forerunners to the current Shuttle. The structure known as the Rogallo wing was first applied in sport form about 20 years ago to get boat towed water skiers aloft where they could then release and glide down. It was soon adapted for foot launching and' has continued to evolve in design, materials, and pilot skill. Sport gliders are typically foldable, car top portable, can be carried and set up by the pilot alone. They fly at about 25 mph. From the early days, hang gliding has grown to be a popular recreational activity for thousands who enjoy this unique way to appreciate and interact with the three dimensional environment of terrain and air currents from a birdlike perspective. Hang gliding is now included as an official or permitted activity at many public parks, recreation areas, and forests, were conditions are suitable. It has been a sanctioned activity for about six years at Yosemite Valley and is included in the Long Range Plan for that National Park. 1.3 Organizations A number of organizations have grown up with recreational hang gliding. At a national level, the most prominent is the United States Hang Gliding Association. The USHGA, with national scope and international affiliations, provides as its most important service a pilot proficiency rating system which has become almost universally accepted and used in the regulation of access to public flying sites. The USHGA also provides an instructor certification program, provides pilot and third party liability insurance at a nominal cost, and publishes a monthly magazine. Additional information about USHGA can be found in the enclosed "Information Handbook." Local clubs (which are often Chapters of USHGA) provide a point of local information exchange, event organization, and frequently the service of day-to- day regulation and operation of publicly used flying areas. For example, the Fellow Feathers club (San Francisco) is responsible to the Golden Gate National Recreational Authority for regulation and monitoring of flying at Fort Funston. Similarly, the Wings of Rogallo club (South Bay) is responsible to Santa Clara County Parks and Recreation for hang gliding at Ed Levin Park in Milpitas. The Hang Glider Manufacturer's Association provides a certification system for documented testing for safe handling and structural strength of hang gliders sold to the public. A number of USHGA-certified flight schools and hang gliding shops serve the Bay area. 2.0 HANG GLIDING AT WINDY HILL 2.1 History Windy hill has been flown as a hang glider launch on an informal (unregulated) basis more or less continuously for the past six years. Launch is from the top of Windy Hill. From there a number of different landing areas - both public and private - in the Town of Portola Valley can be reached and have been used under varying flying and permission conditions. Notation of existing Page 3 use can be seen on the attached "Notice to Pilots" map (which is a warning to regular powered aircraft pilots). It has never seen heavy use because of several factors. These include: (a) Northeast exposure has a limited season with no reliable means of knowing if wind conditions are suitable without going to the somewhat remote site; and (b) It appeals only to the more advanced pilots because there is no low altitude practice area for novice pilots, and the use of the (rather small) Portola Valley Town Center as a landing area at times when other areas have been unavailable (e.g. crops are planted) further limits use to the most advanced pilots. 2.2 Uniqueness of Site While the Northeast exposure has a limited season of flyable wind conditions (mainly the winter months), the Windy Hill site is unique to the Coastal Ridge in the Bay Area as being the ONLY Northeast exposure terrain suitable for Hang Gliding. While other parts of the ridge have the same basic topography, they are not cleared of trees, or have power lines or other hazards and obstructions. (See the attached "Notice to Pilots" map.) This uniqueness is an important factor to the flying and spectating public in the Midpeninsula Region. Any use plan which eliminates Hang Gliding from Windy Hill leaves us with no alternative in those months but to travel great distances. 2.3 Compatibility of Use Hang Gliding is quiet, non-polluting, and causes no destruction to the land such as erosion from motorized vehicles and overuse by horses. Since the craft is very light weight, and normally departs the hilltop without returning, there is little danger to other users. This has not been a problem even at heavily used soaring sites such as Fort Funston with many flights per day and hundreds of spectators. Such heavy use is not even contemplated because of the special conditions at Ft. Funston do not exist at Windy Hill. In any case, if heavy use were a problem it could be solved by regulation without total prohibition. 2.4 Liability and Hazard Issues Liability of the District for damages by Hang Gliders to bystanders or other property owners may be a concern. Active USHGA member pilots are themselves covered against such liability. A mechanism exists whereby a site owner can be included as insured under this policy, for a small fee. (Refer to the attached USHGA "Information Manual.") It should also be noted that the probability of such damage events can be minimized by proper regulation of the site to permit only properly qualified pilots fly. It is further reduced to a negligible level because of the low speed and mass of these craft. (A horse can do far more damage than a hang glider.) Liability of the District for injury of pilots may be a concern. This can be minimized by restriction to properly qualified pilots and additionally by .____ the use of liability release papers signed by pilots before .qualification for the _site_ is accepted. In the absence of evidence of this being a problem at other public sites, overconcern with this issue is not warented. (We have never heard of a single case.) Page 4 In any case, we have the position that the Hang Gliding public should not be unfairly singled out over safety and liability concerns. The same concerns could be raised for many other activities which commonly take place on public land such as baseball, hiking, river rafting, rock climbing, and horseback riding. While offering no statistics either, it is our subjective experience with some years of hang gliding that it does not stand out from other outdoor actives in injury rate. 2.5 Separate Landing Area Regulation or Permission The normal landing areas reachable to Hang Gliders launching from Windy Hill are not within the jurisdiction of the District. Thus the District cannot specifically address that problem. Neither should the Preserve become a nuisance for unwanted landings on private or public property in the valley below. To avoid becoming too entangled over this issue, Hang Gliding can be included in the Use Plan with the proviso that actual flights will be permitted only with the existence of a permitted landing zone. (It is possible that this permission could be a function of such variables as changing property ownership, crops, and other activities.) 2.6 Recommended Regulatory Approach In light of the above discussion and on experience with incorporating Hang Gliding as an officially recognized activity at other public land sites, we make the following recommendations: (1) Include Hang Gliding in the Use and Management Plan for the Windy Hill Acquisition with flying to take place in conformance with site operating rules. The operating rules shall include that flying take place only when landing zone permission exists. (2) Use the volunteer services and technical expertise of interested local hang glider pilots and organizations to draft site rules. (See for example the Ed Levin site rules attached.) (3) Use the volunteer services of the pilots/organizations as the primary means of information exchange between flyers and the District management, and to provide enforcement of the rules. 2.6 Volunteer Resources To implement the volunteer recommendations above, the author of this report and/or the Wings of Rogallo organization may be contacted as follows: Dr. Gene Hilborn (author) 169 Wayside Road Portola Valley, CA 94025 Tel. (415) 851-2519 Dr. Robert Ormiston, President Wings of Rogallo Northern California Hang Glider Association 24 Moonbeam Lane Mountain View, CA 94043 Tel. (415) 969-9953 Page 5 3.0 Attachments (1) "Information Handbook," United States Hang Gliding Association (Please return to the author after use.) (2) Map: "Notice to Pilots," Mission Soaring Center (3) "Ed Levin Park Hang Gliding Site Procedures," Wings of Rogallo Northern California Hang Glider Association (4) Recent Magazine and pamphlet issues of the USHGA. 1 Wings of Rogallo Northern California Hang Glider Association ED LEVIN PARK HANG GLIDING SITE PROCEDURES I. Site Operation The Wings of Rogallo Northern California Hang Glider Association (W.O.R.) is designated by the Santa Clara County Parks and Recreation Department through special use permit to administer hang gliding activities within Ed Levin Park. II. Site Launch and Landing areas Ed Levin Park Hang Gliding Site contains two upper launch areas, the north launch of approximately 1500 ft vertical and the south launch of approximately 1700 ft vertical, two novice launches of 300 ft and 600 ft vertical, and a 40 ft training launch. The upper launches and the novice launches are accessible by roads. The walkup training launch is located at the south end of the landing area. (See map). III. Pilot Proficiency and Identification All pilots must be current members of the United States Hang Gliding Association (USHGA) and must have their USGGA membership card in possession to fly. It must be signed off with a proficiency rating of I, II, III, IV, or V. Positively no exceptions - NO CARD, ,NO FLY! All pilots must display a W.O.R. identification sticker on their helmets while using the site. The purpose of the helmet sticker is to permit identification of qualified pilots to other pilots and to park authori- ties. The sticker system operates as follows: A. Stickers can only be obtained from W.O.R. club officers. Before obtaining a sticker it will be necessary to: a) present a valid USHGA membership card, b) fill out and sign a registration and waiver of liability form, c) obtain the appropriate authorization signature, d) read the Ed Levin Park Hang Gliding Site Procedures, and e) pay the sticker fee of $3.00. The sticker number and pilot information will be recorded by W.O.R. and turned over to park authorities. The following specific requirements must be met for each of the three different color stickers available. B. A blue sticker will be issued to W.O.R. members who hold a USHGA proficiency rating of INTERMEDIATE III or higher. "Blue Sticker" qualified pilots are: a) per- mitted to fly from all designated launch areas, b) provided with the combination to the access road gate lock, and c) are responsible for ensuring that site procedures are followed by all pilots using the site. C. A yellow sticker will be issued to pilots who are not members of W.O.R., but hold a USHGA proficiency rating of INTERMEDIATE III or higher. "Yellow Sticker" qualified pilots are: a) permitted to fly from all designated launch areas, and b) are not provided with the combination to the access road gate lock. D. A red sticker will be issued to pilots, members or nonmembers of W.O.R. , who hold a proficiency rating of BEGINNER I or NOVICE II and are approved by a USHGA Observer or Instructor. BEGINNER I pilots may fly from the 40 ft training launch unsupervised and from the 300 ft novice launch only under the direct supervision of a "Blue Sticker" USHGA Instructor or Observer. BEGINNER I pilots may not fly from the 600 ft novice launch or the upper launches. NOVICE II pilots may fly from the 40 ft training launch and both the 300 ft and 600 ft novice launches unsupervised and from the upper launches only under the direct supervision of a "Blue Sticker" USHGA Instructor or Observer. IV. Safe Practices A. At least one "Blue Sticker" qualified pilot must be present on site for hang gliding to take place. B. All takeoffs must be witnessed by another person in the vicinity of the takeoff area. C. All landings within the park shall be restricted to designated landing areas except for emergency landings dictated by obvious safety considerations. Pilots are advised not to land on private property adjacent to the park. D. Pilots shall not use the site for high risk or low altitude aerobatics, testing experimental gliders, deliberate parachute deployments, or any hazardous operations. E. Maximum flight altitude shall not exceed 2000 feet above takeoff elevation due to proximity of site to aviation airways. F. The flight director, Site Committee members, or any W.O.R. club officer may, on the basis of adverse flying conditions, raise the required pilot skill level or close the site to all flying for the duration of the adverse conditions. G. Pilots shall not fly over the "Green" at lower than 500 feet altitude on landing approaches or for any reason. Landings on' the "Green" are absolutely prohibited. H. Powered hang gliders are not permitted to land or takeoff from Ed Levin Park. V. Vehicle Operations Pilots arriving at Ed Levin Park should park in the main parking areas. Vehicles transporting pilots to the upper launches may park temporarily next to the landing area to load gliders only. Pilots must pool vehicles to minimize access road traffic. All drivers must hold a valid driver's license and all vehicles must carry appropriate insurance. In transit to and from the launch sites, normal caution is urged and particular attention will be required to avoid disturbing cattle. Vehicles must reduce speed to 10 mph near the farmhouses to avoid raising excessive dust. Vehicles must remain on the access road at all times except to park and unload gliders at the launch areas. VI. Access Road and Gate Lock The access roads to both the upper and novice launch areas (see map) are controlled by locked gates. These gates have a W.O.R. combination lock. The combination is changed periodically by W.O.R. and is available to all "Blue Sticker" qualified pilots. It is the responsibility of the W.O.R. member on the site to ensure that the gates are properly locked before and after vehicle passage through the gate. Only the two end chain links should be joined by the W.O.R. lock in order not to leave other locks out of the chain loop. After closing the lock it should be pull tested for security. This is necessary to prevent spectators from gaining access to the takeoff areas and to prevent cattle from escaping from grazing areas. Each access road also has a second unlocked gate. It is imperative that drivers keep these gates closed and latched. During the winter season, the access road will be closed by park rangers during periods of rain and will be opened 24 hours after the rain ceases. The W.O.R. lock will be bypassed and a closing sign posted at the access road entrance. VII. Spectators, Smoking,_ Riding Trails For their own safety, spectators, will not be allowed within the designated landing areas or beyond the locked gates to the launch access road. Except for vehicle drivers, non-flyers are discouraged from riding up to the launch area. Due to the extreme fire hazard in the summer and to simplify controlling the problem, smoking is not permitted in the launch area or on the access road at any time, winter or summer. Ed Levin Park includes horseback riding trails, some adjacent to the designated landing areas (see map). Hang glider pilots should always yield the right of way to horseback riders to avoid disturbing the horses. 2 VII. Ed Levin Park Opening and Closing Schedule Hang gliding is permitted when Ed Levin Park is open, from 8:00 a.m. to one-half hour after sunset. The Park Department defines the closing time as follows: Sep 16 - Oct 30 7:30 p.m. Apr 1 - Apr 30 7:30 p.m. Nov 1 - Nov 15 6:00 p.m. May 1 - May 30 9:00 P.M. Nov 16 - Dec 31 5:30 p.m. Jun 1 - Jul 15 9:30 p.m. Jan 1 - Jan 31 6:00 p.m. Jul 16 - Aug 20 9:00 P.M. Feb 1 - Feb 28 6:30 p.m. Aug 21 - Sep 15 8:30 p.m. Mar 1 - Mar 31 7:00 p.m. Park rangers consider it very important that pilots adhere to the closing times. Pilots must not start up the hill less than 90 minutes before closing time (60 minutes for the novice launches). IX. Violations Each qualified W.O.R. member "Blue Sticker" pilot is responsible for ensuring that site procedures are followed. Pilots who violate these procedures may have their flying privilege at Ed Levin Park suspended or revoked. Ed Levin Park personnel have authority, under the provisions of the W.O.R. special use permit and Santa Clara County Code Sec B14-51 to issue citations and fines to pilots who violate site procedures. Penalties for violations will normally be determined by the W.O.R. Site Committee, using the following examples as guidelines: A. Apilot who knowingly flys, or knowingly supervises or allows another pilot to fly without proper USGHA membership, a W.O.R. sticker, or the appropriate proficiency rating for each launch, will be suspended for a two month period. B. A pilot who lands on park property but outside the designated landing area(s) will be suspended for a two week period. (The first out landing is not penalized) . C. Pilots who smoke on the access road or launch areas will be suspended for one weekend. D. Unsafe flying such as vertical bank wingovers below tree-top level or spin recoveries below 50 feet will lead to suspension. Limited safe aerobatic flying is not prohibited. X. Emergency Aid In case of accident at the site, phones are available. Call 299-2507 (County Communications) or 262-6980 (Ranger). XI. Procedure Changes and Information The Ed Levin Park Hang Gliding Site Procedures are revised and updated as required by the W.O.R. Site Committee subject to approval by the Park Department. Information about the procedures and the site may be obtained from the Site Committee members or W.O.R. club officers. W.O.R. Officers Site Committee President Bob Ormiston 969-9953 George Pierson (Chinn) 263-6731 Vice President Ken Wiegand 259-3844 Ken Wiegand 259-3844 Secretary Steve Urbach 736-5969 Fred Weaver 923-4210 Treasurer George Pierson 263-6731 Pat Denevan 656-6656 Flight Director Pat Denevan 656-6656 Gene Hilborn 851-2519 Bob Ormiston 969-9953 Peer Suhr 374-8861 3 ED LEVIN PARK HANG GLIDING SITE BARN "ROCKPILE" NORTH FARMHOUSES O LATCHED GATE NOOVIICE LAUNCH500 _� WATERING OO LAUNCH _ , HOLE O• 1�\ � PARKING LOCKED GATE LO GATE P c, UPPER ,' Q p GAP LAUNCHES FENCE • . < SOUTH 300' LAUNCH NOVICE LAUNCH PARK 1700' \ BOUNDARY > LATCHED FENCE / i GATES , LOCKED ` GATES FENCE ACCESS ROAD TO \ NOVICE UPPER LAUNCHES LANDING LAUNCHES I AREA LANDING AREA NORTH LEG SANDY WOOL C FENCE LAKE FENCE RIDING__ E '—'—-------- —TRAIL- TREE 'r S � LINE s� � GREEN � PqR� O DOWNING ROAD LANDING AREA TEMPORARY VEHICLE NG _ SOUTH LEG SIGN r' s� $LOADING AREA ❑REST , FENCE I ROOMS STEP PICNIC RT_680 GLIDER x TABLES O FENCE TAKEDOWN I C' SANDY WOOL RT.17 ROP AREA LAKE QPy RIDING TRAILS OO1vN/NC MILPITAS 40ft. TRAINING � HILL \ PARK ENTRANCE 23f '12MILE I P. O. BOX2012 SUNNYVALE, CALIF. 94087 March 11, 1981 Board of Directors ti Midpeninsula Regional Openspace District 375 Distel Circle,, Suite D-1 Los Altos., California, 94022 Ladies and Gentlemen,, This is to request a place on your agenda of your meeting of the twenty- fourth of March to seek a permit to use the site known as Windy Hill to fly radio-controlled model soarinc, aircraft. Windy Hill is located on the east side of Skyline Blvd. about 2-1/2 miles south of the junction of La Honda Road. It is a part of your newest acquisi- tion, the Post property. The South Bay Soaring Society is the nation's oldest organization devoted entirely to the use of radio-controlled model soaring aircraft (gliders). We are affiliated with the national organization, the Academy of Model Aeronau- tics. We presently have use permits for flying sites from the School Districts of Sunnyvale, Santa Clara, and San Jose, from the East Bay Regional Park Dis- trict, the Santa Clara County Park District, and the City of San Jose. Our request for a permit to fly our aircraft is specifically for Windy Hill and specifically for radio-controlled model soaring aircraft (no gasoline engines) . Windy Hill fulfills many specific requirements necessary for flying. It has a slope that is steep and wide enough to channel wind upwards so that our soarers can remain airborne. The area is free from trees and shrubs. The hill and adjoining ridges allow us to land with safety for both spectators and aircraft. The hill will accommodate flying when the wind is from a variety of directions (a unique situation rarely found in other slope sites) . This is the only site suitable for safe soaring in northern Santa Clara County. Many of our members who live in this area have to travel more than fifty miles to find a suitable soaring site. Finally, the site has an incredible view both to the east and west. Our request will conform to any regulations and conditions that exist for public utilization of the District's lands, such as hours of use, and health and sanitation requirements. While we are not requesting exclusive use, we would like to point out that each AMA member and each affiliated organization is covered by a $1,000,000 insurance policy. (Details of this coverage will be provided upon your request. ) If it is in your best judgement, your permit for use could stipulate that AMA membership be a requirement for permission to fly radio-controlled model soarers at this site. Further, we, the SBSS, would be willing to supervise the site, prepare safety guidelines and supervise the conduct of our members while at the site. Board of Directors, MROD March 11, 1981 Page 2 Members of our organization have been flying at Windy Hill prior to your acquisition of the property without any incidents regarding safety or hazard to hikers, horseback riders, or spectators. We have an unblemished record of safety since our club's inception in 1968. We are proud of our service to the community and our relationship with Mother Nature. (We don't fly unless she is willing and we are cooperative with her laws. ) Our relation- ship with our other permit grantors has always been cordial and cooperative. We hope that we will be allowed to speak to this request for usage at your next meeting, and are willing to cooperate with your staff in any way to facilitate your decision-making process. Please contact our Vice President, George Paige, at the following address: 860 Clara Drive Palo Alto, California 94303 or call him at 855-8403 (work) or 856-9776 (home) , if you have any questions regarding this request. Very truly yours, Michael Carlin President, SBSS George Paige Vice President cc: Steve Sessions Land Manager, MROD R-81-18 ( Meeting 81-13 oe May 13 , 1981 ) 0 OMW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT May 7 , 1981 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager SUBJECT: Proposed Addition to Manzanita Ridge Open Space Preserve (Risley Property) Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to acquire approximately 285 acres of land in two parcels located in an unincorporated area southerly of the Town of Los Gatos. A 160 acre parcel would be purchased, and the contiguous parcel comprising some 125 acres would be a gift to the District (see attached map) . The two parcels are situated easterly of Lexington Reservoir and adjacent to existing District holdings. The 125 acre parcel fronts on Soda Springs Road, approxi- mately 3 miles from its beginning at Alma Bridge Road, and the entire property connects to the District' s Manzanita Ridge Open Space Preserve - Limekiln Canyon Area. A. Description of the Site. 1. Location and Boundaries. This unincorporated property is located on Soda Springs Road within the Sphere of Influence of the Town of Los Gatos. The property is bordered on the north and east by private property, on the west by privately held property and District land (see report R-80-61 , dated November 3 , 1980) , and on the south by Soda Springs Road. The Novitiate property that the Town of Los Gatos and the District are jointly acquiring is located approximately 2 miles northwesterly, and the Kennedy Road area of the Manzanita Ridge Open Space Preserve lies some 0 . 75 miles northerly. 2. Topography and Natural Resources. Soda Springs Canyon passes through the middle of the property. The holding resembles the present areas of the Preserve in that it contains principally the chaparral plant community. Elevation ranges from about 1200 feet at the bed of Soda Springs, a creek that flows into Lexington Reservoir from the summit of Mount Thayer, to 2 ,000 feet at Soda Springs Road on the south and 2 ,200 feet on the north at the ridge between Soda Springs Canyon and Limekiln Canyon. The lower elevations contain an oak woodland community normally asso- ciated with low canyon areas. The upper levels are typically chaparral interspersed with some outcropped rock formations R-81-18 Page two and wooded creek channels. 3. Existing Development. There are two points of access to the property. A dirt road (jeep trail) affords access to the northerly segment of the property and is part of the P.G. & E. access road. A secondary portion of this road crosses through the middle of the property. Soda Springs Road leads from Alma Bridge Road some three miles westerly. This is a public road, albeit a narrow winding one, and could provide very limited access to the northerly areas. The P.G. & E. road is gated at Alma Bridge Road where the P.G. & E. road crosses Santa Clara Valley Water District land. Some P.G. & E. towers and a high tension line cross the subject lands. 4 . Conformity. This proposed acquisition has been found to be in conformity with the Santa Clara County General Plan. The composite rating from the District' s Master Plan is in the medium to low category. The P.G. & E. service road which crosses the northerly portions of the land is part of the County Trails Plan and has been identified by the Los Gatos Trails Com- mittee as a link in the trails system. This trail crosses other private land and leads to the Kennedy Road area of the preserve. The proposed acquisition is within the Los Gatos Sphere of Influence and found to be in conformity with the Los Gatos General Plan. B. Interim Use and Management Recommendations. 1. The site should remain open to hikers and equestrians who can gain access from Soda Springs Road or any of the other roads , if granted permission by the owners of adjoining property. No effort should be made to promote use of the site, but a copy of the map attached to this report would be made available to the public by request. 2. Fencing and gates should be installed as required at points of access to restrain use of vehicles. This may necessitate an expenditure of up to $2 ,500. 3 . Preserve boundary signs should be installed at appropriate places. C. Dedication. It is recommended that this proposed acquisition be withheld from dedication as open space since other lands would have to be acquired to complete the preserve and, further, to permit the use of disposal of development rights as an asset and bargaining tool in completing the District's acquisition needs in this area. There is development in the area along Soda Springs Road and considerably more development may occur. D. Name. It is recommended that the property become an addition to the Iq R-81-18 Page three Manzanita Ridge Open Space Preserve and be unofficially desig- nated as part of the Limekiln Canyon Area. E. Terms. The attached purchase agreement outlines the acquisition terms for the purchase of the 160 acre site. This parcel has a value of $285, 000 . As a further part of the agreement, the owner will convey to the District, by gift deed, the 125 acre parcel. The property is currently encumbered by a $50 ,000 deed of trust in favor of the former owner at 7% interest for a period of 20 years. The District could take title subject to this encumbrance or pay the note off in escrow. Because of the favorable terms , the agreement was written to take over this obligation. The funds for this purchase would come from the New Land Commitments budget category, which is already overspent by $1. 464 million for this fiscal year. However, there are still sufficient funds in the Previous Land Commitments budget category, where all of the money will not be spent this fiscal year, but can be re- plenished the next fiscal year. Recommendation: It is recommended that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Authorizing officer to Execute Certificate of Acceptance of Gift Deed to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Closing of the Transaction (Manzanita Ridge open Space Preserve - Risley Property) . It is further recommended that you authorize staff to take title subject to the existing $50 ,000 deed of trust and permit a further budget overrun of $235 ,000 in the New Land Commitments budget category in order to complete this purchase. It is also recommended that you approve the interim use and manage- ment recommendations contained in this report, that Manzanita Ridge Open Space Preserve - Limekiln Canyon Area be designated the un- official name of the site, and the 285 acre acquisition not be dedicated. ... . .. . ... ,.t• �22 •�W _ •`I I 6G3 �r.;,/�J ,.✓'. r .. -�-. _ ter➢es,ane :.. >r r r Quarries �r ..' j-. •". ���.�..✓ t--✓ Y'�.J \.-� �. r-`-s _ �t�- i - /i'. 1 .KENNEDY ROAD � AREA ' x fir„ _= �--�`,�.'a•-•'��/ � ,! ;_. ,_r- J• ✓'� 1 '� �r a� 5,% %j `-� ) �'" �-- � ; zL o' M1 -_ . •.F. �..., �\' � ��� �i�c Pnest-/1 j�\�, � _ ` �_✓-•_ ,..�- (� �`�` `�� r�•���''� ,,� ' c�;:� i` ����.,�` �. `fJ t � '�.? 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V �1 .�� •��^�� �� v �\_. -', � \�`-.-�, Pace1 2 9 os fy.rn,n o ,� w� 2_._� �r 1 �� \fy -�•'t '•'� t,,�\.\�,_,cq ro qfe .1.8 ac _ -- ' .•.e.cssov Han * � � � F � a�5�•'+Mov I n�.t �� �otirmu �A / :��`''`\ ;° ��• �� �,AN13 'i vo `V loS .c-: =Gelo$"'C.'��'' - :;,J r t�� \,..-. i j 1_ ✓'\—,�o ._� /? � �!„% �/ '/549 �� �'�-si •: • t �Kb. -� \ �\`��/_�r� /1`.. _iCr'/..1�/.�/`,lll•.,rl.c .��'/_� ���\.__ _I 1 ., "°' _`�s - '����'?;• -r v� EXHIBIT A SITE MAP (USGS) r 1 3. jU.Rlar:z�ss tr �� 2ra\ =' PROPOSED ADDITION TO . i . ,cn>rras!,rxA "�.r•.i �� �� w , 14ANZANITA RIDGE °�r.•— area•. - __ �� •rr.u.'.,, i'\ -./_ ,� � Esta'ts�._ •h,l '�•,,,-. fa�:,.`" ,� � � OPEN SPACE PRESERVE � ``/�i ����. � .. � --�A'•`�` .. •�rr.��,, �, 1 — 20001 North RESOLUTIO14 NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GIFT DEED TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE A14Y AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE-RISLEY PROPERTY) . 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 accept the offer contained in that certain purchase agreement between Nathaniel I. Risley, et ux. , and the Midpeninsula Regional Open Space District dated May 4, 1981, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for the Grant Deed conveying title to the property being acquired by District. Section Three. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance for the Gift Deed conveying title to the property being given to District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance of purchase agreement to seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Five. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this day of , 1981, by and between the UNDERSIGNED INDIVIDUALS, hereinafter referred to as "SELLER" 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: WHEREAS, SELLER is the owner of certain real property located within an unincorporated area of the County of Santa Clara, State of California, containing 160 acres, more or less, and being more particu- larly described as Parcel One in Exhibit "A" as attached hereto and by this reference made a part hereof, and WHEREAS, SELLER is also the owner of an ajoining parcel of real property containing 125 acres, more or less, and being more particularly described as Parcel two in said Exhibit "A" , and WHEREAS, DISTRICT desires to purchase and SELLER is willing to sell said Parcel One to DISTRICT, for the monetary consideration and under the terms and conditions hereinafter set forth, and WHEREAS, SELLER, out of generosity and a desire to promote the public welfare, and to share the natural scenic beauty and the enjoyment of their property with the citizens of the Midpeninsula area wishes to give and convey to DISTRICT, and DISTRICT wishes to accept and receive without consideration, said Parcel Two. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. PROPERTY TO BE CONVEYED: Upon the terms and under the conditions herein set forth, SELLER agrees to sell and convey Parcel One, as aforesaid, and DISTRICT agrees to purchase said Parcel One from SELLER. In addition, SELLER agrees to give and convey Parcel Two, as aforesaid, without consideration, and DISTRICT agrees to accept owner- ship of said Parcel Two. Together with easements, rights of way, and any other rights of use which may be appurtenant or attributable to the aforesaid lands. 2 . PURCHASE PRICE AND MANNER OF PAYMENT: The total purchase price for the aforesaid real property designated as Parcel One is and shall be the sum of TWO HUNDRED THIRTY FIVE THOUSAND AND N0/100 DOLLARS ($235, 000) payable at the close of escrow as hereinafter provided,in addition to the assumption of the existing note and deed of trust in the amount of $50, 000, as described in clause 3d hereinbelow. Purchase Agreement page 2 3. TITLE AND POSSESSION: Title and possession of the herein described real property designated as Parcel One shall be conveyed by SELLER to DISTRICT at the close of escrow by Grant Deed, and Parcel Two by Gift Deed; both parcels to be free and clear of all liens , judgments, encumbrances, easements, assessments, restrictions, rights, covenants, and conditions of record, except: a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Rights of the public and the County of Santa Clara over that portion of the premises lying within the lines of Soda Springs Road as the same may now exist. C. Easements and rights of way for road purposes, construc- tion, reconstruction, installation, maintenance and operation of an electric transmission line, as condemned to the Pacific Gas and Electric Company, by that certain Final Order of Condemnation, Action No. 223476, en- titled, "Pacific Gas and Electric Company, Plaintiff, vs . George Leverich, et al, Defendants" , a certified copy of which was recorded on March 19, 1970 in Book 8863 of Official Records, at page 737 . d. That certain note secured by a First Deed of Trust, as yet unrecorded, by and between Anna B. Leverich, beneficiary, and Nathaniel I. Risley, et ux, trustor in the principle amount of $50, 000- 00, payable monthly over a period of twenty years (20) plus interest at the rate of 7% per annum computed on the unpaid balance (Monthly payments of $387 . 65 or more) . e. Any other easements, rights of way, access rights and such other exceptions deemed acceptable to DISTRICT. 4 . COSTS: DISTRICT shall pay and satisfy all escrow, record- ing, and customary title insurance charges and fees incurred in this transaction. Title insurance may be required at the option of the DISTRICT and in the amount thereby deemed adequate for its purposes , SELLER shall be responsible for, and pay all costs of any reconveyance of deed of trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs or fees of any nature whatsoever incurred in connection with the delivery of marketable title to DISTRICT. 5. COMMISSIONS: DISTRICT shall have no obligation to pay any real estate agent' s commission or other realted costs or fees in connection with this transaction. Purchase Agreement page 3 6. LEASES OR OCCUPANCY OF PREMISES : SELLER warrants that there are no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the property. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss, damage, or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to re- location payments and expenses provided for in Section 7260 et seq. of the California Government Code) . 7 . ACCEPTANCE AND TERM OF ESCROW: DISTRICT shall have ten (10) days from the date of the execution hereof by SELLER to accept and execute this agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the afore- said real property to DISTRICT, for the consideration and under the terms and conditions herein set forth. AS consideration for the tender of said offer, DISTRICT has paid and SELLER acknowledges receipt of the sum of ten ($10. 00) dollars. In the event DISTRICT does not deliver to SELLER a signed copy of this agreement within said ten (10) day period, this agreement shall be automatically terminated and of no further force and effect. Providing that SELLER delivers an executed copy of this agreement on or before May 6, 1981, and it is accepted by DISTRICT as provided above, escrow shall close as soon as practicable , but in no event later than May 29, 1981. The escrow shall be conducted by Western Title Insurance Company (No. 437544-CH) 70 North 2nd Street, San Jose, California. 8. The provisions hereof shall inure to the benefit of and shall bind the respective heirs, devisees, assigns or successors in interest of the parties hereto. MIDPENINSULA REGIONAL OPEN SPACE SELLER: DISTRICT APPROVED AND ACCEPTED: President, Board of Directors Nathaniel I. Risley ATTEST: Clerk of the Board of Directors Jean F. Risley EXHIBIT "A" Real property situated in the County of Santa Clara, State of California, described as follows: PARCEL ONE The Southwest 1/4 of Section 35, Township 8 South, Range 1 West, M.D.B. & M. Containing approximately 160 acres. PARCEL TWO All of Lots 3 and 4 and the South Half of the Northwest Quarter of Section 2, Township 9 South, Range 1 West, M.D.B.&M. Excepting therefrom that certain parcel of land conveyed by George F. Leverich and Anna B. Leverich, to Geza Karakas, et ux, by Deed dated December 1, 1970 and recorded December 3, 1970 in Book 9141 of Official Records, at page 735, described as follows: Beginning at the Southeast corner of the Northwest 1/4 of said Section 2; thence along the Easterly line of said Northwest 1/4 Northerly 470.85 feet; thence running Westerly along a line parallel with the Southerly line of said Northwest 1/4, 1445.50 feet, more or less, to a point in the centerline of Soda Springs Road; thence running Northwesterly along the centerline of said Soda Springs Road to the point of intersection thereof with the Westerly line of said Section 2; thence along said Westerly line Southerly to the Southwest corner of the Northwest 1/4 of said Section 2; thence Easterly along the Southerly line of said Northwest 1/4, 2640 feet, more or less, to the point of beginning. Containing approximately 125 acres MIBIT 4 - Ir Page R-81-19 (Meeting 81-13 May 13 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT May 6 , 1981 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manaaer, S. Sessions, Land Manager, and A. Watt, Environmental Analyst/Writer SUBJECT: Proposed Coastal Conservancy Wetlands Enhancement Grant Application for the District' s can Mateo 'County Daylands Reserve Introduction: The District has the opportunity to submit a Wetlands Enhancement grant application to the California Coastal Conservancy for funds to acquire and enhance a six acre parcel and adjacent areas near the proposed addition to the District' s San Mateo County Baylands Reserve (see report R-81-17 , dated May 5 , 1981) . Formerly tidal marshland, this area has been partially degraded by the dumping of fill and debris . The proposed project would restore the property to a productive tidal marsh. The location of the property and its proximity to other public lands also make it a prime location for a section of the proposed Bayfront Trail from the Dumbarton Bridge to the Palo Alto baylands (see Exhibit A) . A. Description of the Site 1. Location and Boundaries This 6 . 3 acre parcel , owned by the City of San Francisco, is located in an unincorporated area of San Mateo County within the sphere of influence of East Palo Alto (see Exhibit B) . It is bounded on the north by the Southern Pacific Railroad right-of-way and by Hetch Hetchy Aqueduct land owned by the City of San Francisco. The property is crossed by one major channel and numerous small channels . A levee along the eastern boundary adjoins the Leslie salt pond proposed as an addition to the District 's San Mateo County Baylands Reserve. To the south is a 30 acre property of which 10 acres are to be developed as an industrial park and the remaining 20 acres dedicated as open space, possibly to the District. A short distance to the northwest on the north side of the Southern Pacific tracks , is the so- called "Ravenswood Triangle" , soon to be acquired by Caltrans and deeded to the District as part of required mitigation for the Dumbarton Bridge project. Thus, the proposed acqui- sition would be surrounded by public lands. Together, these properties could provide a regionally accessible recreational and open space area. R-81-19 Page two 2. Description of the Environment This parcel represents an area that historically was salt marsh which has been partially degraded by the dumping of fill and debris. The west corner of the property contains a large amount of fill , taken from the adjoining storm channel . The fill has elevated this part of the property so that tidal water can no longer flood it. Salt marsh plants are unable to colonize this dry site. The fill consists of hard packed soil which is extensively cracked and currently supports few plants. The surrounding vegetation on the fill is of a weedy roadside type, typical of disturbed areas. The lower wetter areas contain vegetation typical of salt marshes. Cordgrass occupies the lowest growth zone along the channels. Pickleweed dominates the higher marsh area, where it is intermixed with other species , including salt grass, sea lavender, gum plant, and jaumea. The marsh vegetation in the unfilled areas is generally in excellent health. 3 . Existing Development and Restrictions The property is crossed by two boardwalks reached from a path alongside the Southern Pacific Railroad tracks on the northern boundary. The easternmost boardwalk leads to a pumping facility on the shoreline of the Leslie salt pond. The other boardwalk continues across the Leslie land under the P.G. &E. power line. A storm drain from East Palo Alto empties into the channel at the western corner of the property. This channel was the source of the fill . An unused spur of the Southern Pacific Railroad runs through the western corner of the property and continues south into East Palo Alto. The track is currently overgrown with black- berry bushes and appears to have been unused for several years. B. Conformity The acquisition of this property for park and open space purposes has been found to be in conformity with the General Plan of San Mateo County. This property has been given the highest composite rating in the District' s Master Plan. C. Public Access The northwest corner of the property may be reached from University Avenue in East Palo Alto. An unused spur of the Southern Pacific Railroad, if abandoned, would offer a potential trail corridor along the western boundary of the property. The planned adjacent 10 acre industrial park development is reached from Demeter Street. The developer intends to work with the District to provide boardwalk access through the 20 acre open space area to join trails on District properties. One access from the east would be along existing levees of land being acquired by the District and ultimately connect with Bay Road. This parcel would become a part of the larger open space and recreational resource in the Cooley Landing/Dumbarton Bridge access area, and would be included in a Bayfront Trail network user experience. Map �. 10 Parrnanen+e— Creek Pr'e!5 r�!e. hill :Z L ,-XP, JT Graff. , oseph5 � rd �. Pe ark -!A w�cc�an bridge/ �ztY Cr�c 1c 131uc�- �2 J �Y'i'Ylc�n2►1�"e. Tue��d�� � O���r 5�'n �' I��Q�a.m. - i�OOp.m• Preserve �� R-81-19 Page three D. Use and Management Recommendations The property is considered to be well suited to open space purposes for protection of wildlife habitat and for low intensity recreation. The area would be closed during restoration and thereafter would be open for low intensity recreational use. It is anticipated that a section of Bayfront Trail or a trail connection to the Bayfront Trail would be constructed across the property. E. Trail Connections This property offers a site for a section of Bayfront Trail linking the Dumbarton Bridge with Palo Alto 's baylands. It appears that the City of San Francisco does not want the Bayfront Trail to cross the City' s Hetch Hetchy Aqueduct property. The trail therefore could follow the existing Leslie levee south from the Dumbarton Bridge to the "Ravenswood Triangle" and then turn east, across this property, and continue south on the levee around the salt pond proposed for acquisition from Leslie. There could be a spur connection to the trail, providing access from the proposed industrial park. F. Funding The total amount requested would be $175,000 . This would include $150 ,000 estimated acquisition costs and $25 ,000 for clean-up, debris removal, revegetation, and enhancement of the property and surrounding areas. The District would provide matching funds of $15 ,000 representing labor involved in planning, clean-up and enhancement, bringing the total project cost to $190 ,000 . Recommendation: It is recommended that you adopt the attached resolution approving the application for California Coastal Con- servancy grant funds and authorize the General Manager to enter into necessary grant contracts for the acquisition and enhancement of the City of San Francisco parcel. ;�x INS 33=�Iffir/ EXHIBIT A REGIONAL MAP (USGS) X Y(cj PROPOSED ADDITION TO THE 7 DISTRICT' S SAN MATEO COUNTY OZIP BAYLANDS PRESERVE Rave?i,,. DUMOMI 0 1"=2000 ' Nor th Jt 84 B M 13 SALT ­E V A P 0 R A T 0 R S bM 7 W u b' 'k c 4 6' l NIS Yough,,,_,� 5 V4. LT BM 6 SA %A % EVAPORATORS 0 Pr'6' posed' Acquis,,tion rancisco fro ' :�,ty o Sa. f A xl�l 8 SM L Red' J, avenswood Trian Propo ed Acquisition FI P (;I Y_r 0 m e S�l117 alt Co. t- �Ilef 0 -at P q P�b r,t] EVAPQ�ATORS - --------- E' proposed - 6 reakmin, -7 in Open Spac San Mateo County fVE. 1A VC swodd V _�yzj F CITY ands, Reserve A r.v)j r '0 proposed Ffor N, Green a IndtmtiTal: n 4• va ug w K Ay Nk --- _W, 0 W41 4 ............ \ ,! �i, 13 Alvarado J Di I. 2 F_ FT PALD A�W EL S 4 Foster City P Sand Bipent%rood ...... SOUT\" 0'k LUj ALTO \SAN FRANCISCO\ IrAidx- IRed*wd C I JAV"' ISLAID' NAT'L :aV a°^� \ �, o� I rn ��., M PAL- ­"F Ur.VVILDL IFE REF. N AIRPORT • A 7 r HAVEN �A'RSOR P4\ 0 C, z IS Redwood(;ity '7 7� C) 2 'P, 11 0 E.,t P, Atherton Palo Alto Club 2 ;7.�:,V>�'l �T () , 1, 0 / Q I I ic ... ,3 80 f PAtO ALTO \\ L�� n U ts m z Aa4 62 2 Palo Alt W. Sjo `rfite `ScS§4,, eD J'>' / `'• \ o�R ew b Disposal EXHIBIT B - SITE MAP (USGS) PROPOSED ADDITION TO THE SAN MATEO COUNTY BAYLANDS RESERVE/ LANDS OF THE CITY AND COUNTY OF SAN FRANCISCO Scale : 1" = 150 ' North raj i Boardwalk � ae���o�j d T�ac�� � •/ n C a Ball o oardwalk �a Channel o / ......................................................... 6 . 3 acres . Rained Slough ::::::::::::::::: 'a:: i:::Are:a::::::::::: :::::::: Fence line % Spur Track (not in current use) / Levee For am S Channel. cn / 0 ■ G. E. wers 0 / Leslie Salt Pond / I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR CALIFORNIA COASTAL CONSERVANCY WETLANDS ENHANCEMENT FUNDS - SAN MATEO BAYLANDS RESERVE WHEREAS , the California Coastal Conservancy is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS , said adopted procedures established by the Coastal Conservancy require the applicant to certify the approval of appli- cations prior to submission of said application to the Department; and WHEREAS, said application contains assurances that the applicant must comply with; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby: 1. Approves the filing of a Coastal Conservancy grant application with the California Coastal Conservancy, and 2 . Certifies that said agency has the ability to implement the project effectively and is able to provide con- tinuing operation and maintenance for the project, and 3 . Appoints the General Manager as agent of the District to conduct all negotiations, execute and submit all documents including but not limited to applications , agreements , amendments , billing statements , and so on which may be necessary for the completion of the aforementioned project. M-81-47 l2V (Meeting 81-13 ioe May 13, 1981) 0 MW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 7 , 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Follow-up on Issues and Questions from Site Emphasis and Program Evaluation Workshops Introduction: At your meetings of February 25 and March 25 , 1981, you discussed and took various actions on the list of issues and questions prepared by the Site Emphasis Committee. The only issue that has not yet been discussed is the Ranger Ride-Along Program. Discussion: Staff has prepared the attached summary of the Board' s actions and decisions to date on the questions and topics outlined in the Committee' s original memorandum to you (see memorandum M-80-93 of December 2, 1980) . This summary should serve as a good reference document in future discussions relating to site emphasis, budget guidelines, site stewardship, and consolidation of open space manage- ment policies. The summary will be expanded to include your action regarding the possible ranger ride-along program, once the topic has been considered. Note that you rephrased some of the questions from the wording in the Committee report. One of the directives you gave staff at the meeting of March 25, 1981, was for staff to return to you with a policy statement of the publicity guidelines related to site emphasis which C. MacDonald had outlined in her memorandum (M-81-32 of March 16 , 1981) to me and which was discussed at the March 25 meeting. The proposed pub- licity guidelines related to site emphasis policy, which would become Board policy upon your approval, are attached for your consideration. Recommendation: I recommend that you approve the summary as a statement of policy and adopt the publicity guidelines related to site emphasis policy. If time permits at the May 13 meeting, and if all Board members are present, I recommend that the possible ranger ride-along program be discussed M-81-47 Page two SUMMARY BOARD POSITIONS ON ISSUES AND QUESTIONS FROM SITE EMPHASIS AND PROGRAM EVALUATION WORKSHOPS (For purposes of discussion, the Site Emphasis Committee has defined emphasized and non-emphasized sites as follows : Emphasized Site - a District site which is either a. ) actively used by the public (example. .Rancho San Antonio) or b. ) promoted by the District for active public use (example. .Los Trancos) . Non-Emphasized Site - A district site which is either a. ) not actively used by the public (example. .Costanoan Way) or b. ) not promoted by the District for active public use (example—Long Ridge) . BUDGET GUIDELINES 1. Should any new policies on site emphasis and stewardship fit within the existing land management budget guidelines? Board reaffirmed Land Management budget guidelines; any emphasis policies adopted would only be guidelines for allocation of funds within those budget guidelines. SITE EMPHASIS 1. Should some District sites be emphasized for public use? Yes Should the emphasized sites be limited in number according to geographic distribution? Yes 2. Should some District sites be unemphasized for public use? Yes 3. Should there be a system which defines various levels of emphasis into which individual sites are placed? No 4. Should the level of emphasis be decided for each site on its individual merits? Yes, according to the criteria in the present sixth paragraph 5. Should the District establish classifications for each site (wilderness, etc. ) ? No M-81-47 Page three 6. What criteria should be used in determining emphasis vs. unempha- sizis of sites and should such creteria be assigned priorities? The Board adopted the list of criteria with the provision that criteria should not be listed by priority and are not necessarily stated in order of importance. Staff is to work with the list of criteria and to return to the Board if additional clarification was needed. Staff was directed to return to the Board in six months to one year with a suggested plan for the number and general location of emphasized sites. Staff should report back to the Board in March with a schedule for the suggested plan. a) manageability of site b) public need C) accessibility to public d) geographic distribution e) geographic location f) attractiveness of natural features g) costs measured against benefits h) physical and psychological carrying capacity which is consistent with classification i) availability of existing facilities for public use j) other factors affecting suitability of site 7. Does the Board wish to adopt guidelines which address 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 h) transportation (shuttle bus) Board requested staff 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; staff recommendations could be changed or referred to committee, if required, by Board. Board will not adopt guidelines for items g and h, leaving them to a case by case consideration in use and management plans. M-81-47 Page four 8. Is a master land management plan needed to implement adopted policies? Staff should not attempt to put together or create a formal written master land management plan document at this time, but it is important to think of the District as a whole when making planning considerations. 9. Should the District adopt publicity guidelines related to a site emphasis policy? If so, how will the level of emphasis be re- flected in our publicity program? The Board tentatively adopted the guidelines in C. MacDonald' s memorandum to H. Grench (Memorandum M-81-32 , dated March 16 , 1981) , asking staff to return to the Board with a restate- ment of the guidelines in the form of a policy statement. A recommendation on directional signs as a method of attracting people to sites was also requested from staff. 10. Should there be a policy to influence level of external publicity given to sites? (externally generated) The Board recommended adopting a policy on externally- generated publicity that stated the degrees to which the District would encourage such publicity so as to be con- sistent with the level of emphasis for a site. Staff should include the proposed policy with the other material being prepared for the Board to consider. 11. Should the District have a public relations policy on emphasis of sites not managed or owned by the District? The Board adopted a no-policy position, as it was premature to consider until an emphasis plan for District sites was prepared by staff and approved by the Board. SITE STEWARDSHIP 1. Do we need additional general stewardship policy statements beyond those contained in the basic policies? No 2. Do we need specific policies on level of maintenance and patrol? No 3. Should policies be established regarding influencing stewardship of lands not managed by the District? Not at this time. M-81-47 Page five RANGER RIDE-ALONG Consideration of Ranger Ride-Along was tabled until a meeting of the full Board, when there is sufficient time on the agenda to discuss the matter. CONSOLIDATION OF OPEN SPACE MANAGEMENT POLICIES 1. Should it be sent to a committee or should it just be referred to staff? 2. Should this item be considered as one of the activities for the Open Space Management Program in the 1981-82 fiscal year? It was noted that the consolidation of open space manage- ment policies had been included in the land management program' s proposed Action Plan for 1981-82 and that the Site Use Committee still has the consolidation assignment. M-81-47 Page six PROPOSED PUBLICITY GUIDELINES RELATED TO SITE EMPHASIS POLICY A. BROCHURES 1. There shall be at least one informational brochure that includes a brief but clear explanation of the site emphasis policy and its underlying rationale. The brochure shall state clearly that all District sites belong to the public. It shall also make it clear that an unemphasized site is neither "secret" nor "closed" , but is simply an area that for one reason or another a great deal of public use cannot be accommodated. The reasons for the temporary closure of some areas will also be made clear. Ideally, the brochure will include a map showing the location of all the District preserves, with a code or other graphic device to suggest degrees of development or emphasis. 2. Brochures for specific sites shall reflect the site emphasis policy through their design, their distribution, or both. The amount of effort and expenditure that goes into a parti- cular site brochure will reflect the degree to which that site is emphasized. There may be no brochures or maps pro- vided for some of the sites. The distribution of site maps and brochures shall also be matched to the site emphasis policy, with brochures for the most emphasized sites generally available--through mailings, distribution at libraries, by Docents and Rangers, etc. , and other maps available by re- quest from the District office. The level of distribution of maps even for the most emphasized sites will also depend upon budget considerations and the numbers of visitors that can be accommodated. B. PRESS RELEASES Press releases from the District shall reflect the site emphasis policy through the degree of detail devoted to particular sites and the activities on them. Unlike the meeting summaries and minutes, which provide the press with regular complete information about the District' s activities, press releases will be considered as bids for publicity and as having the potential to increase site use and emphasis. I M-81-47 Page seven C. OPENSPACE NEWSLETTER The Openspace newsletter shall be regarded as a tool for clarifying the District' s site emphasis policy to the public and as a potential forum for the discussion of questions and issues related to it. It can also help implement the empha- sis policy through its choice of feature material. D. PUBLIC PRESENTATIONS Slide shows and other public presentations shall reflect and clarify the site emphasis policy in the same way that press releases and newsletters do. E. RADIO AND TV Radio and TV coverage often reflects or spins off from the subject matter of the District' s press releases and publi- cations. It also reflects the occurrences (sometimes out- side the District' s control) on various District sites. Clear communications with these media about the site emphasis policy and the reasons behind it shall be stressed. F. EXTERNALLY-GENERATED PUBLICITY 1. While the District has and desires no control over the "external publicity" given to District sites by the various media, it is recognized that a great deal of this publicity is based on information originally provided by the District. The best way to influence such publicity to reflect the site emphasis policy is to make sure that the policy is fully and clearly communicated to the press and the public. 2. The degree to which the District will encourage "externally- generated publicity" about District sites from authors of books, newspaper and magazine articles, etc. will be con- sistent with the level of emphasis adopted for that site. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: AB 597 DATE: April 21, 1981 Attached is the amended version of AB 597 . The bill passed the Assembly Local Government Committee today. cc: G. Tate R. Trudeau P. Joske AMENDED IN ASSEMBLY APRIL 7, 1981 CALIFORNIA LEGISLATURE-1981-82 REGULAR SESSION ' ASSEMBLY BILL No. 597 NOTE; Members of the Board of Directors ' received complete copies of the bill Introduced by Assemblyman Sher as amended 4/7/81. February 23, 1981 An act to amend Sections 5529, 5531, 5532, 5540, 5544.1, and 5544.2 of, and to add Section 5540.6 to, the Public Resources Code, and to amend Section 421 ofthe.Revenue and Taxation Code, relating to park districts, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 597, as amended, Sher. Regional park, regional park- and open space, and regional open-space districts. (1) Existing law governing regional park districts, regional park and open-space districts, and regional open-space districts contains provisions with respect to the election of members of the board of directors of a district and various dates by which various acts relating to an election must be complied with. This bill would revise those notice requirements and deadlines to conform with the Elections Code. (2) Under existing law, a district may transfer real property if the Legislature authorizes the transfer by concurrent resolution after a resolution of intention specifically describing the property has been adopted by % of the board of directors of the district. This bill would require the resolution to be adopted by of the board. The bill would also authorize the district, by a '/5 vote of the board, to convey real property dedicated and used for park or open-space purposes to another public agency if that agency agrees in a recorded agreement to B 597 ' —2— —3— AB 597 ontinue to use the property for those purposes and not to �` 1 n� published less thftff sip des a week ix the onvey the property without the consent of a majority of the 2 dicer-iet; ene inser-tiett efteh week ftw twe sueeeeding oters of the district. 3 weeles is e su ffleient pubheatien in newspapere published (3) Existing law allows a district to pay 10% interest on its 4 }ese si* a week. In districts where no sueh 'ndebtedness. Existing law also requires approval by 4/5 of the 5 newspaper of general circulation is published, notice oard of directors to incur indebtedness to acquire land and 6 shall be posted in three public places for two successive acilities. �, 7 weeks. No other notice of an election need be given. The 'This bill would allow an indebtedness to bear interest at the 8 notice shall refer to the wards as previously established by rate permitted under Section 53531 of the Government Code, 9 resolution or ordinance of the board of directors. if that rate is higher, and would reduce the approval 10 SEC. 1.5. Section 5531 of the Public Resources Code requirement to % of the board. 11 is amended to read: Tnder existing law, lands subject to the grant of an 12 5531. The election shall be held in all respects as if opt- pace easement to a county, city, or nonprofit 13 there were only one election,and only one ticket or ballot organization under specified provisions of law are valued for 14 shall be used. Nomination papers shall be circulated property taxation purposes on a basis consistent with its 15 throughout the ward. A nomination paper containing the restrictions and uses. 16 name of the candidate to be nominated, with such other This bill would provide that lands subject to the grant of an 17 information as is required by this article, shall be signed open-space easement to a regional park, regional park and 18 by at least 50 voters residing within the ward. open-space, or regional open-space district shall be deemed 19 SEC. 2. Section 5532 of the Public Resources Code is enforceably restricted and shall be assessed for property 20 amended to read: taxation according to the restrictions and uses, as specified. 21 5532. Except as otherwise provided in this section and Existing law also continuously appropriates funds to the 22 Section 5531, Chapter 5 (commencing with Section 6400) Con troller from the General Fund to reimburse local agencies 23 of Division 6 of the Elections Code shall substantially for the reduction of property tax revenues by reason of 24. govern as to the manner of appointment of circulators, assessment of the lends subject to an open-space easement. 25 the form of nomination documents and the securing of Tl„s bill, by increasing the lands available for the reduced 26 signatures to the nomination documents, the filing of the ass lent, would make an appropriation. 27 candidate's nomination documents, the payment of filing Voce: fnajerity %. Appropriation: -ne yes. Fiscal committee: 28 fees, and all other things necessary to get the name of the ne yes. State-mandated local program: fie yes. 29 candidate upon the ballot. 30 Circulators may obtain signatures to the nomination The people of the State of California do enact as follows, 31 paper of any candidate at any time not more than 113 32 days nor less than 88 days prior to the election, and all 1 SECTION 1. Section 5529 of the Public Resources 33 nomination documents shall be filed with the secretary of 2 Code is amended to read, 34 the district not more than 113 days nor less than 88 days 3 5529. NeNee of le t� At least 10 days before the 35 before the day of election and shall be examined by him 4 date fired for the district election, notice of the election 36 or her. 5 shall be given by publication once e d 4 least seven 37 The election shall be consolidated with the general 6 df-ys in one or more newspapers of general circulation 38 election as to territory, which is the same, and the 7 published and circulated 4 leash six d-aye e week in the -e") 39 secretary of the district shall certify the names of all 8 district; et wiee a week fer two weeks it' Berne 40 candidates to be placed upon the ballot to the county AB 597 —4 — —5— AB 597 1 clerk or county clerks within the territory affected by the r'1 1 property period eriod not exceeding 25 years; and consent 2 consolidation at least 7-1 67 days prior to the date of the 2 need not first be obtained for a transfer of any real 3 election. 3 property .if the Legislature by concurrent resolution 4 Upon the filing of a sufficient nomination paper and 4 authorizes a transfer after a resolution of intention has 5 declaration of candidacy by any candidate, the name of 5 been adopted b at least a four-fifths vote of the board of 6 the candidate shall go upon the ballot at the ensuing 6 directors of the district, specifically describing the 7 general election. Upon receipt of the returns of the 7 property to be conveyed. 8 canvass by the respective boards of supervisors, the 8 SEC. 4. Section 5540.6 is added to the Public 9 directors of the district shall meet and determine results 9 . Resources Code, to read: 10 of the election and declare the candidate or candidates 10 5540.6. Notwithstanding Section 5540, a district may, 11 elected. 11 with the approval by a four-fifths vote of the board of 12 The secretary of the district shall issue certificates of 12 directors, convey to another public agency any real 13 _,ection, signed by him or her and duly authenticated, 13 property dedicated and used for park or open-space 14 immediately following the determination of the result of 14 ur oses,or both,provided the public agency undertakes .15 the election by the directors of the district. 15 in a recorded written agreement to continue to use the 16 The oath of office shall be taken subscribed, and filed 16 property for those purposes and not to convey any 17 with the secretary of the district within 30 days after the 17 interest in the real property without the consent of a 18 officer has notice of his or her election or appointment or 18 majority of the voters of the district at an election called 19 before the expiration of 15 days before the 19 and conducted by the board pursuant to Section 5540. 20 commencement of his or her term of office. No other r "1 r , 20 SEC. 5. Section 5544.1 of the Public Resources Code 21 filing is required. 21 is amended to read: 22 SEC. 3. Section 5540 of the Public Resources Code is 22 5544.1. Notwithstanding any other provisions of this 23 amended to read: 23 article, the board may borrow money by issuance of 24 5540. A district may take by grant, appropriation, 24 promissory notes or other evidences of indebtedness in 25 purchase, gift, devise, condemnation, or lease, and may 25 an amount, or of a.value, not exceeding in the aggregate 26 hold, use, enjoy, and lease or dispose of real and personal 26 at any one time the greeter of 5 percent of the total of the 27 )perty of every kind, and rights in real and personal 27 district's general fund and development fund budgets for 28 property, within or without the district, necessary to the 28 the year in which the loan is made, or the sum of five 29 Bull exercise of its powers. 29 hundred thousand dollars ($500,000), to be used for any 30 Lands SUI7JGCt to the gt,lnt 01.1111 open-space e.?semetlt 30 revenue-producing purpose for which the district is 31 e,recuted.end accepted 13),,the district in , ccord ance tvith 31 authorized to expend funds. 32 this article shall lie deemed enforeeablyyrestricted within 32 - A district shall not exercise the borrowing authority 33 the meaning of Section 8 of Article XIII of the California �, 33 conferred by this section if the district, at any time during 34 Constitution, '� 34 the previous two years, has not met the loan repayment 35 A district may not validly convey any interest in any 35 requirements of this section and the repayment 36 real property actually dedicated and used for park or 36 provisions set. forth in the promissory note or other 37 open-space, or both, purposes without the consent of a 37 evidence of indebtedness issued for a loan entered into 38 majority of the voters of the district voting at a special 38 pursuant to this section. A district shall not eXl)Cnd ill rely 39 election called by the board and held for that purpose. 39 one year any an1ount of money ill excess of what it 40 CoIlsent need not first be obtained for a lease of any real 40 collects ill property taxes, state and federal sI11)velltl()11s, - AB 597 —6— —7— AB 597 1 grarits, loans, fees, gifts, bequests, or income from other 1 the date on which it is incurred and shall bear interest at 2 sources. 2 a rate not exceeding 10 percent per annum, or the rate 3 Indebtedness incurred pursuant to this section shall be 3 allowed under Section 53531 of the Government Code, if 4 repaid in approximately equal annual installments during 4 higher, payable annually or semiannually or in part 5 a period not to exceed five years from June 30th of the 5 annually and in part semiannually. Each indebtedness 6 fiscal year in which it is incurred and shall bear interest 6 shall be authorized by a resolution adopted by the 7 at a rate not exceeding 10 percent per annum, or the rate ' �` 7 affirmative votes of at least two-thirds of the district 8 allowed under Section 53531 of the Government Code, if 8 board and shall be.evidenced by a promissory note or 9 higher, payable annually or semiannually or in part 9 contract signed by at least two-thirds of the district board. 10 annually and in part semiannually. 10 At the time of making the general tax levy after incurring 1' Each indebtedness incurred under this section shall be 11 each indebtedness and annually thereafter until the 1� authorized by a resolution of the board unanimously 12 indebtedness is paid or until there is a sum in the treasury . 13 adopted, and shall be evidenced by a promissory note or 13 set apart for that purpose sufficient to meet all payments 14 contract signed by the president of the board and 14 of principal and interest on the indebtedness as they 15 attested by the secretary. 15 become due, a portion of the taxes levied and collected 16 The indebtedness authorized to be incurred by this 16 pursuant to Sections 5545 and 5545.5 shall be levied and 17 section shall be in addition to, and the provisions of this 17 collected and set aside sufficient to pay the interest on the 18 section shall not apply to, any bonded indebtedness` 18 indebtedness and the part of the principal as will become 19 -authorized by vote of the electors. 19 due before the proceeds of a tax levied at the next general 20 Nothing herein shall be construed so as to limit or �, /^� 20 tax levy will be available. The indebtedness authorized to 21 restrict the authority of the district to issue promissory 21 be incurred by this section shall be in addition to, and the 22 notes or deeds of trust in-the acquisition of real property 22 provisions of this section shall not apply to, any bonded 23 or the exercise of its right of eminent domain subject to 23 indebtedness authorized by vote of the electors. 24 the limitations in Section 5568. 24 SEC. 7. Section 421 of the Revenue and Taxation 25 Nothing herein shall limit the authority of the district 25 Code is emended.to read.• 2 borrow pursuant to Section 5544.3. 26 421. For the purposes of this article: M SEC. 6. Section 5544.2 of the Public Resources Code 27 (a) "Agricultural preserve" means an agricultural 28 is amended to read: 28 preserve created pursuant to the California Land 29 5544.2. A district may acquire all necessary and 29 Conservation Act of 1965 (Williamson Act) (Chapter 7 30 proper lands and facilities, or any portion thereof, by 30 (commencing with Section 51200) of Part 1 of Division 1 31 means of a plan to borrow money or by purchase on 31 of Title 5 of the Government Code). 32 contract. The amount of indebtedness to be incurred 32 (b) "Contract" means a contract executed pursuant to 33 shall not exceed an amount equal to the anticipated tax 33 the California Land Conservation Act. 34 income for the next four-year period derived pursuant to I 34 (c) Agreement ineans an agreement executed 35 Section 5545; or, with respect to the East Bay Regional 35 pursuant to the California Land Conservation Act prior .36 Park District only, the anticipated tax income for the next 36 to the 61st day following the final. of the 1969' 37 two-year period derived pursuant to Sections 5545 and 37 Regular Session of the Legislature and which, taken as a 38 5545.5. All indebtedness which is incurred on or after July 38 whole, provides restrictions, terms and conditimis which 39 1, 1968, shall be repaid in approximately equal annual ,-,� 39 are substantially similar or more restrictive than those 40 installments during a period not to exceed 10 years from 40 required by statute for a contract. 597 —8- —9— AB 597 (d) "Scenic restriction" means any interest or right in 1 more of land entered into by a landowner with any real property acquired by a city or county pursuant to 2 agency or political subdivision of the federal or state Chapter 12 (commencing with Section 6950) of Division 3 government limiting the use of lands for a period of 10 or 7 of Title 1 of the Government Code, where the deed or 4 more years by the landowner to habitat for native or other instrument granting such right or interest imposes 5 migratory wildlife and native pasture. Such lands shall,by restrictions which, through limitation of their future use, 6 contract, be eligible to receive water for waterfowl or will effectively preserve for public use and enjoyment, 7 waterfowl management purposes from the federal the character of open spaces and areas as defined in 8 government. Section 6954 of the Government Code. 9 (g) "Open-space land" means any of the following: A scenic restriction shall be for an initial term of 10 10 (1) Land within an agricultural preserve and subject y or more, and shall either: 11 to a contract or an agreement. Provide a method whereby the term may be 12 (2) Land subject to a scenic restriction. extended by mutual agreement of the parties, or 13 (3) Land subject to an open-space easement. (2) Provide that the initial term shall be subject to 14 (h) "Typical rotation period" means a period of years annual automatic one-year extensions as provided for 15 during which different crops are grown as part of a plant contracts in Sections 51244, 51244.5, and 51246 of the 16 cultural program. Typical rotation period does not mean Governemnt Code, unless notice of nonrenewal is given 17 the rotation period of timber. as provided in Section 51245 of the Government Code. 18 (i) "Wildlife" means waterfowl of every kind and any A scenic restriction may not be terminated prior to the 19 other undomesticated mammal, fish, or bird. expiration of the initial term, and any extension thereof, f"1 except as provided for cancellation of contracts in Sections 51281, 51282, 51283 and 51283.3 of the Government Code, and subject to the provisions therein for payment of the cancellation fee. 5 1-) "Open-space easement" means an open-space 6 c nent granted to a county or city pursuant to Chapter 7 6.D (commencing with Section 51050) of Part 1 of 8 Division 1 of 'Title 5 of the Government Code if the 9 easement is acquired prior to January 1, 1975, or an 0 open-space easement granted to a county, city, or O 1 nonprofit organization pursuant to Chapter 6.6 2 (commencing with Section 51070) of Part 1 of Division 1 3 of Title 5 of the Government Code if the easement is 4 acquired after January 1, 1975 , or an open-space 5 easement jgranted to it regional park district, regional 6 pallr and open-bj.Yice district, or regional open-SPace 7 district under Article 3 (cornlnellci»} with SoctIon 5500) 8 of Chapter 3 o£1.7i vision 5 of the 17uhlic Res-ourccs Code. 9 (f) "Wildlife habitat contract" means any contract or i--� 0 linonded contract or covemaut involvilig 150 acres or V MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 May 5, 1981 Mr. Richard Trudeau General Manager East Bay Regional Park District 11500 Skyline Boulevard Oakland, CA 94619 Dear Dick: Attached is a letter dated April 30 from our Legal Counsel regarding SB 993. The same reasoning would seem to apply to Assemblyman Frazee' s bill. My present thinking is that I would recommend that my Board oppose the bill unless the vote requirement were removed. A possible exception would be to require a majority vote (at most) provided that there was more than, say, a 30 per cent protest. I believe it would be very difficult again to use the older benefit assessment district acts, as we did in San Carlos with the cooperation of the City Council, if a new benefit assess- ment district act with a vote requirement came into effect. I prefer that we wait a year or two for the post-Proposition 13 dust to settle and then try again using the approach (or an equivalent one) that almost succeeded for us last year. In the meantime we can use either the existing acts with city and/or county cooperation or a special tax authorized by AB 2345 last year. Sincerely, Herbert Grench General Manager HG:ej Enc. cc: M.R.O.S.D. Board of Directors R. Beckus G. Tate P. Joske 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 Niue 0*;,�TMMMI C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 407 Sherman Avenue Palo Alto, CA 94306 April 30. ; 981 Herb Grench MROSD 375 Distel Circle Suite D-1 Los Altos, CA 94022 Dear Herb: Following our discussion and your request this afternoon, I am sending you a copy of the opinion of the district court of appeal in County of Fresno v. Malmstrom (August, 1979) , 94 Cal.App. 3d 974, App. 156 Cal.Rptr. 777 (hearing denied by Supreme Court 9/12/79) , which differentiates special assessments from ad valorem taxes or "special taxes" under Proposition 13. Special assessment district acts have traditionally not incorporated the concept of a public election as a part of their procedures. It bothers me, therefore, that as a part of Petris' SB 993 this concept has been introduced (Sec. 5457, line 23. page 5, 3/26/81 version) . The introduction of the public election idea in a special assessment act seems to suggest (a la Prop. 13) that these are really general taxes we are talking about and to blur the distinction carefully drawn by the court in the Fresno case between taxes and assessments. Since in my opinion regional park and open space districts are already eligible to use the 1911, 1913 and 1915 assessment acts (with approval of the affected city or county) , which have never required a public election, I think we can do without SB 993. In fact I think it would be counterproductive to introduce the public election concept into any special assessment procedure. Very truly yours, Stanley R. Norton SRN/lh Encl. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 April p zl 23, 1981 Mr. Jon Silver Portola Valley Town Council 355 Portola Road Portola Valley, CA 94025 Dear Mr. Silver: I want to remind you that the Midpeninsula Regional Open Space District will consider a Use and Management Plan for Windy Hill at its public meeting on the evening of May 13. The meeting will begin at 7 : 30 and will be held at the District' s office at 375 Distel Circle, Suite D-1, Los Altos. The process for preparation of this plan has included two public meetings; the first was in our office and the last was on windy Hill. On May 13, the Board will receive and consider adopting the Plan that will be recommended by the staff. I invite you to provide your comments to us at the meeting. If you cannot attend, your written comments are welcome and in- vited. If you wish to contact me personally about any matter or concern, please do not hesitate to call me. My home tele- phone number is 854-0384. Cordially, Harry Turner Director Midpeninsula Regional Open Space District HT:ej 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.VVendin Identical letters were sent to other members of the Town Council: Ms. Patti Williams Ms. Nancy Robertson Mr. Kent Mitchell Mr. Robert Brown, Mayor and members of the Portola Valley Planning Commission: Mr. TT irry �9eaver 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 May 6 , 1981 Honorable Sidney Yates, Chairman House Interior Appropriations Subcommittee United States House of Representatives House office Building Washington, D.C.' 20515 Dear Representative Yates and Members of the Committee: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I am forwarding a copy of Resolution 81-24 , which the Board adopted unanimously on March 25, 1981, for your con- sideration. The resolution urges full federal funding for the portion of Land and Water Conservation Fund grants directed to the states and territories, and it is our Board' s hope that you will do everything within your power to prevent the termination of Land and Water Conservation Fund state and local assistance. The purpose of the Midpeninsula Regional Open Space District, which was created in 1972 by the voters of northwestern Santa Clara County and joined in 1976 by the southern part of San Mateo County, is to acquire and preserve land in the foothills and baylands of the Mid- peninsula area for the use and enjoyment of the public. Our open space preserves provide "room to breathe", a scenic backdrop, and a close-to-home wilderness experience for the residents of one of the nation' s most rapidly developing urban areas. The District has been very successful in the past in securing Land and Water Conser- vation Fund grant moneys allocated to the State of California, and the elimination .of the state assistance portion of the Fund would impact the District's ability to stretch its acquisition and develop- ment funding dollars. We request that you do everything within your power to prevent the termination of Land and Water Conservation Fund state and local assistance. Sincerely, Richard S. Bishop President Board of Directors RSB:ej Enc. Herbert A.Grench.General Manager Board of Directors•Katherine Duffy.Barbara Green,Nanette G.Hanko,Richard S.Bishop.Edward G Shelley.Harry A Turner,Daniel G.Wendin Identical letters were sent to: Honorable James McClure, Chairman Senate Interior Appropriations Subcommittee United States Senate Senate Office Building Washington, D.C. 20510 Honorable Joseph McDade House Interior Appropriations Subcommittee United States House of Representatives House Office Building Washington, D.C. 20515 41111 11 Aft MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 May 4 , 1981 Honorable Byron Sher California State Assembly State Capitol Building Sacramento, CA 95814 Dear Assemblyman Sher: At the suggestion of Bob Beckus, I want to inform you of the District' s position regarding AB 1153 , since you may at some point be in a position to affect its outcome or wording. The attached materials explain our problem with the bill as introduced. As you probably know, the effec- tiveness of our acquisition program at reasonable costs has been largely due to our ability to negotiate in private without telegraphing our strategies to other landowners. It is my understanding that the bill has been taken off the hearing schedule and is becoming a two year bill. Thank you for any help you may be able to give. Sincerely yours, Herbert Grench General Manager HG:el* Enc. 2 cc: /M.R.O. S.D. Board of Directors R. Beckus R. Trudeau 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 U 000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 May 4 , 1981 Honorable Lawrence Kapiloff California State Assembly State Capitol Building Sacramento, CA 95814 Dear Assemblyman Kapiloff: We have reviewed AB 1153 regarding regulation of local pub- lic works projects. The initial version of the bill contains a problem for us that was worked out in Senator Keene 's similar bill last year, SB 1627 , which failed to pass. We should like to request that language be added so that "a local agency may acquire open space property for recreational uses without complying with Section 65401" . This was in- cluded in Senator Keene ' s SB 1627 last year at our request and without OPR objection, for the following reasons. It would harm our land acquisition program to furnish at bud- get time a list of parcels to be acquired during the year. Our program is one of acquiring an open space greenbelt in the south San Mateo County, north Santa Clara County area. As a result, we are negotiating with many property owners at any one time whose land might be for sale. These negotiations are confidential , usually at the owner' s request. Also, it is in the District' s interest to keep them confidential since we do not wish to telegraph our acquisition strategy, which results in price escalation. Our approach is quite different from the usual parks program where discrete park units on a master plan are to be acquired. In fact, we wouldn't even know at budget time a large fraction of the parcels that would end up being acquired. Thank you for your consideration. Sincerely yours, Herbert Grench General Manager HG:ej cc: M.R.O.S.D. Board of Directors Assemblyman Byron Sher R. Beckus 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 C-81-10 May 1, 19 81 Me c g 81-13 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S A ir Amount Name Description 2088 $ 13. 31 Matthew Bender & Co . Books-CA Real Estate Law & Practice 2089 40 . 00 Kathy Blackburn Training and Seminars-Naturalist Presentation-Indian Shell Mound 2090 34. 93 James Boland Field Supplies-Batteries and Film Packs 2091 750 . 00 CA Advocates , Inc . Legislative Consultant-April 2092 176 . 00 Communications Research Co. Radio Equipment Maintenance-Apri'. 2093 55 .00 Steven Sessions Training and Seminars 2094 1 , 339 . 76 Dorn' s District Vehicle Maintenance 2095 83. 62 Frog Pond Meal Conferences-Budget Comm. ,. and Public Notification Comm. 2096 5 . 76 Ewert ' s Photo Camera Supplies 2097 7.40 Foster Bros . Secur.ity,Inc. Shop Supplies-Keys and Key Tags 2098 380. 06 First American Title- Preliminary Title Reports Guaranty Co. 2099 293.00 Frank' s Type , Inc. Typography for Newsletter 2100 715 . 68 Georgia Pacific , Inc. Lumber-Ranger Yard 2101 19 . 44 Graphicstat , Inc. Print(Enlarged) from Map 2102 1 , 832 . 86 Grant Lithographing Co. Printing of Newsletter and Fact Sheet 2103 675 . 64 Mobil Oil Co . District Vehicle Expense 2104 111. 57 Hipp Welding, Inc . Backing for Signs 2105 166 . 50 Honeywell Protection Burglar Alarm Service-5-01 to Services 7-31-81 2106 62 . 36 Image Technology, Inc. Prints 2107 250. 23 Lawrence Tire Service , Inc. District Vehicle Maintenance 2108 172 . 15 Los Altos Garbage Garbage Service-April 2109 38. 00 Landscape Architecture- Subscription-May 81 to Mar. 83 Magazine 2110 19 . 00 Times-Observer Subscription-5-81 to 5-82 2111 512 . 50 Virginia Mickelson Graphic Design and Illustrations for Newsletter-Spring 1981 2112 66 . 00 Stanley R. Norton Telephone , Copies , Meals and Travel Expenses-March and April C-81-10 ' Revised May 13, 1981 Meeting 8113 Amount Name Description 2113 $ 175 . 18 PG and E Utilities 2114 149 . 04 Pacific Hardware .Inc. Fence Posts and Staples , Washers and Screws-Page Mill Fenc' e 2115 637. 21 Pacific Telephone Telephone Service 2116 3. 67 Palo Alto Utilities Utilities 2117 47. 70 Peninsula Blueprint Map/Aerial Duplicating 2118 30. 10, Pitney Bowes Postage Meter Supplies 2119 54. 00 Peninsula Times Tribune S ubscription-6/01/81 to 6/01/82 2120 52. '50 Rancho Hardware . Field Supplies-15 ft . Gate .Chain 2121 146 . 28 Redwood Trade Bindery, Inc . Brochure Printing 2122 7. 36 San Jose Art Drafting Supplies 2123 25. 48 Scanners Unlimited Law Enforcement Equipment 2124 617. 74 Shell Oil Co. District Vehicle Expense 2125 112 . 50 Soil and Plant Laboratory Montebe' llo' Burn Project 2126 40. 54 Standard Brand Paint Co. Site Maintenance-Wall Paint and Thinner 2127 150. 00 Title Insurance & Trust Preliminary Report Fees 2128 137 . 66 Union Oil Co. District Vehicle Expense 2129 97. 76 Unisign Products Corp. Field Supplies-Tools for District Signs 2130 50. 15 Uno, Graphics Brochure -Fremont Older OS Preserve 2131 300 . 00 , Valley Title Co. Preliminary Title Reports. 2132 13. 30 Victor of CA Shop Supplies-Oxygen 2133 48.00 Daniel Wendin Out-of-Town Meeting Expense 2134 273. 25 Xerox Copy Machine Maintenance 2135 35 . 68 Charlotte MacDonald Private Vehicle Expense 2136 22 . 00 Pat .Starrett Private Vehicle Expense 2137 168. 22 Harfst Associates .Inc. Computer Services 2138 140 .00 Jon C. Cu'nmings . Geologic Survey and Report- Montebello OS Preserve Proposed Parking Lot 2139 57. 60 Steven Sessions Private Vehicle Expense 2140 500 ,000.00 First American Title- Leslie Salt Land Purchas*e, Insurance Co . 2141 235 , 000 .00 Western Title Insurance Co. Risley Land Purchase 2142 300 ..00 Susan Cretekos Patroling Windmi-11 Pasture-April 2143 90.54 Petty Cash Meal Conferences , Maps ,Postage , Office Supplies ,Out-of-Town Meeting Expenses , Private Vehicl �