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HomeMy Public PortalAbout19810527 - Agendas Packet - Board of Directors (BOD) - 81-14 Meeting 81-14 oe � em MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Regular Meeting Board of Directors A G E N D A Wednesday 375 Distel Circle, Suite D-1 May 27 , 1981 Los Altos, California (7 : 00) * ROLL CALL CLOSED SESSION - PERSONNEL (7 : 30) APPROVAL OF MINUTES - April 22 , 1981 and May 2, 1981 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED (7 :45) 1. Addendum to Use and Management Plan for Monte Bello Open Space Preserve - S. Sessions NEW BUSINESS WITH ACTION REQUESTED (8 : 30) 2. Proposed Addition to Manzanita Ridge Open Space Preserve with Land Exchange - Sorahan Property - C. Britton Resolution Approving Land Exchange (8 : 45) 3. Renewal of Agreement with the City of Mountain View for Deer Hollow Farm S. Sessions (8 : 55) 4. Revised Annual Claims List for 1980-81 - M. Foster (9: 00) 5. California 2000 Project Regional Conference - C. MacDonald NEW BUSINESS WITH NO ACTION REQUESTED (9: 05) 6. Presentation of Preliminary Budget for Fiscal Year 1981-82 - H. Grench OLD BUSINESS WITH ACTION REQUESTED (9 : 30) 7. Issues and Questions from Site Emphasis and Program Evaluation Workshops - H. Grench Meeting 81-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors May 27 , 1981 Page 2 (9:55) INFORMATIONAL REPORTS CLAIMS (10: 00) CLOSED SESSION - LAND NEGOTIATIONS AND PERSONNEL ADJOURNMENT *NOTE EARLY STARTING TIME . PUBLIC PORTION OF MEETING SCHEDULED TO START AT APPROXIMATELY 7 :30 P.M. 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 incZuded in the minutes . • eting 81-11 44 - MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 Regular Meeting Board of Directors M I N U T E S April 22, 1981 I. ROLL CALL President Richard Bishop called the meeting to order at 7: 35 P.M. Members Present: Katherine Duffy, Daniel Wendin, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. Member Absent: Barbara Green. Personnel Present: Herbert Grench, Craig Britton, Steven Sessions, Iris Youngs, Jean Fiddes, Charlotte MacDonald, Emma Johnson, Pat Starrett, Del Woods, and Stanley Norton. II. APPROVAL OF MINUTES A. April 8, 1981 E. Shelley noted that Special Orders of the Day, which had been added to the agenda when it was adopted, was not included in the minutes. H. Grench stated the Special Order of the Day was the introduction of Emma Johnson, the District' s new Secretary to the General Manager. Motion: N. Hanko moved the adoption of the minutes of April 8, 1981 as corrected. K. Duffy seconded the motion. The motion passed unanimously. B. April 11, 1981 Motion: E. Shelley moved the adoption of the minutes of April 11, 1981. N. Hanko seconded the motion. The motion passed unanimously. III. WRITTEN COMMUNICATIONS J. Fiddes stated the Board had received a letter, dated April 16 , 1981, from Jean Rusmore, 36 Berenda Way, Portola Valley, thanking the Board and staff for their participation with the American Youth Hostel Golden Gate Council Board at the workshop on April 11, 1981. R. Bishop stated he had received a letter from Supervisor Rod Diridon thanking the Board for contacting the Santa Clara County Board of Supervisors about the addition of Gill Mustang Ranch to Henry Coe State Park and said the Board of Super- visors had gone on record in support of the project. IV. ADOPTION OF AGENDA H. Grench stated the date for the meeting was incorrect on the agenda and should be changed to April 22, 1981. R. Bishop stated the agenda was adopted with the inclusion of the date change to April 22, 1981. 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 81-11 Page Two V. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos , noted that the Windmill Pasture Committee was to have reported back to the Board in March and asked why the Committee had not made its report. D. Wendin said he and the other committee members, H. Turner and N. Hanko, had not yet met, and H. Turner volunteered to be responsible for calling a meeting of the committee, which was charged to prepare guidelinesfor overnight sleepouts in Windmill Pasture. VI. OLD BUSINESS WITH ACTION REQUESTED A. Proposed Lease of a Portion of the Picchetti Ranch Area of the Monte Bello Open Space Preserve R. Bishop-introduced report R-81-15 from the Picchetti Winery Committee regarding the leasing of the Picchetti Winery area. He stated that several public meetings were held to discuss the matter, noting that members of the public had expressed concerns about the disruption of the peace and tranquility of the area as a result of additional traffic and reckless drivers , and having the District repair and maintain the buildings , rather than pursuing a lease arrangement. He stated that the Committee felt that a proper winery operation in the area would not severely impact residents in the area and that it was not appropriate for the District to use its own funds to restore the buildings . He said that a meeting would be held in the future to discuss the entire use and management plan for the Picchetti site and members of the public were encouraged to attend and speak at that meeting. K. Duffy reviewed the specific lease proposals and stated that the Committee voted unanimously that the Board direct staff to negotiate a lease with Ronald and Rolayne Stortz of Sunrise Winery. K. Duffy stated two corrections to the "Brief Summary of Proposals" : 1) "5 cases" listed under Maximum Size for the Rorden proposal should be changed to "5000 cases" , and 2) Ridge Winery production noted under Maximum Size should read "25 ,000 cases" . I Beez Jones , 16891 Stevens Canyon Road, Cupertino, noted there was a need to provide for adequate public parking for people wanting to use the site. K. Duffy responded that the lessee would provide for public parking. S. Sessions reviewed memorandum M-81-44 , dated April 19 , 1981, which was attached to the Committee 's report. He noted that the Stortz proposal would provide adequate general public parking and trail access to the site and that it would take approximately two months for staff to negotiate the lease. He reviewed maps of the area showing existing land use and proposed land use, which showed the impacts of the proposals . K. Duffy noted that Mrs. Tish Picchetti had agreed to be an historical consultant when the restoration project began. Meeting 81-11 Page Three H. Hauessler asked that the Board give consideration to equestrians who ride in the area and consider placing a watering trough for horses on the site. N. Hanko asked if any consideration had been given to having a trail around the perimeter of the historic site, noting the plan presented by staff called for a trail through the historic area. S. Sessions responded that the map was graphic and that a perimeter trail was in the plan. Motion: D. Wendin moved that the Board direct staff to negotiate a lease and return to the Board with the recommended lease, direct staff to prepare a use and management plan concurrent with the lease negotiations , returning to the Board for approval of both at the same meeting, and ask the existing Picchetti Winery Committee to be available to staff during the lease negotiations . H. Turner seconded the motion. Discussion: D. Wendin requested that he be allowed to amend his motion to identify the proposal presented by the Stortzes as the successful proposal . H. Turner concurred with the request. Discussion centered on whether the lease and the use and management plan should be considered for approval by the Board at the same meeting. H. Grench noted that the second meeting in June was a target date, by which time staff would try to complete both the lease negotiations and the use and management plan. Mr. Stortz said he favored having the use and management plan approved first since it might have some effect on the lease negotiations. H. Grench said that a noticed, public meeting could be held with the neighbors and Board members to gather input to use in the development of the recommendations of the use and management plan. N. Hanko said it was essential for the Board to consider the use and management plan before Mr. Stortz had to make a lease commitment. D. Wendin noted staff should bring the basic parameters of the lease and the use and management plan before the Board for some consideration before presenting the items to the Board for final adoption. E. Shelley suggested that the Board adopt the use and management plan two weeks before the proposed lease was presented to the Board for approval. Motion to amend: N. Hanko moved that the motion before the Board be amended to include the statement that there will be a meeting of the Board at which time there would be a pre- liminary approval of the use and management plan prior to the time the plan is presented to the Board for final approval. D. Wendin seconded the motion. The motion to amend passed unanimously. D. Wendin stated he felt it inappropriate for the District to use its public funds for the renovation of the winery buildings. He Meeting 81-11 Page Four quoted from the Committee' s report, noting that the lease arrange- ment would restore the vitality and traditional use to the area, as opposed to having a lifeless historical building complex with a memorial plaque. The motion as amended passed unanimously. The Board adjourned for a recess at 8 :45 P.M. The Board reconvened for the public meeting at 8 :58 P.M. B. Addendum to the Thornewood Proposal Parameters D. Wendin, representing the Thornewood Committee, reviewed briefly the results of the Committee meetings that had been held, including the public meeting held the previous Wednesday. Referring to the Committee' s report R-81-14, dated April 17 , 1981, he said there were a couple of aspects of the "Addendum to the Thornewood Pro- posed Parameters" that represented policy statements on the part of the District, and the Committee members felt their charter was not broad enough to adopt these policies without formal approval by the Board. He said the Committee wanted to be sure that the public had an opportunity to provide input on the lease addendum. D. Wendin pointed out changes that needed to be made in the Thorne- wood Bidders' Form T-1, noting Item D should read "Your estimate of market value of the restored premises (1981 dollars) " and Item E should read "Your estimate of monthly triple net rental value of the restored premises (1981 dollars) " . He noted the Committee was requesting that proposers submit their best and final proposals to match the parameters as amended by the report presented by 5 : 00 P.M. , Thursday, May 28 , 1981, and submit their questions, in writing, by 5: 00 P.M. on Wednesday, May 5, 1981. He said these questions would be answered, in writing, by 5: 00 P.M. , Wednesday, May 13, 1981, noting that although an attempt will be made to answer questions received after May 5, 1981, it might not be possible. He said the Committee hoped to have its work completed by the first meeting in June. N. Hanko asked if there were any proposers who were discouraged by the proposed parameters. D. Wendin said he did not believe so, adding that certain improvements had been restricted (exterior non-historic changes to the building, perimeter chain-link fencing, and tennis courts) . D. Wendin stated that because the Committee believes that the lease has value, depending on the extent and nature of the restoration, some sort of up-front contri- bution in cash or equivalent should be made by the proposer to the District. E. Shelley clarified the last paragraph of the Addendum regarding the submission of questions by proposers saying the intent was for both the questions and the answers of all the proposers to be dis- tributed to all other proposers. -Meeting 81-11 Page Five D. Wendin explained Paragraph B under proposers ' instructions, noting that the financial statement and cash offer of the winning proposer would be retained and all others would be returned. D. Wendin said that the Committee expected to return to the Board with an evaluation of the Proposals, based on evaluation criteria encouraged by the Board, adding that if the Board encourages a certain objective, then the Committee would "weight" the proposals accordingly. Motion: N. Hanko moved that the Board approve the Addendum to the Thornewood Proposed Parameters, including Proposers' Instructions, Lists A, B, and C, and the Thornewood Bidders ' Form T-1, as corrected. D. Wendin seconded the motion. Discussion: Tom Gano, P.O. Box 59, Star Route, Woodside, CA. , 94062, questioned the rationale of an "up-front offer" saying that the District is asking the proposer to not only put considerable funds into the house in the first two years to bring it up to a reasonable state of repair but to include an "up-front" sum of money. H. Turner responded that the value of the rent-free occupancy of a restored house and prime grounds in Woodside could very likely exceed the dollar costs of the renovation and restoration of the site that the bidder proposed to under- take, adding that it is not known at this point how much money would be spent. He said a reasonable range of estimate is as low as $100, 000, and in the Committee' s opinion rent-free occupancy for twenty-five years would be worth more than that. Therefore, the Committee saw the possibility for additional cash or an equivalent asset being required to restore the balance. He also noted that this was a competitive process, and the Board expected to receive the most competitive and best Possible proposal. D. Wendin pointed out that the proposer may also submit terms. H. Turner said that the proposal could also relate to the use of the land as assets to cover the value of that cash payment. E. Shelley said that there was nothing to exclude the proposer from proposing a shorter term lease. The motion passed unanimously. VII. NEW BUSINESS WITH ACTION REQUESTED A. Monte Bello Open Space Preserve Use and Management Plan for the Black Mountain and Page Mill Road Areas S. Sessions introduced the Monte Bello Open Space Preserve Use and Management Plan for the Black Mountain and Page Mill Road Areas (report R-81-16, dated April 17 , 1981) , pointing out that the focus of the use and management plan was the proposed development of the Page Mill Road Area which contains four basic elements : the parking area, the trail system, a backpack camp and removal of the old cabin and the cisterns. He said the backpack camp and the demolition -portion have been previously approved by the Board, and that the Plan had been through a series of public meetings , including the review process with the City of Palo Alto. He said all elements Meeting 81-11 Page Six of the Plan had been approved by the City of Palo Alto with the exception of the proposed parking area, which at that time had been identified as the "G" location, and that the present proposed parking area, location "L" , was presently going through an approval process with the County of San Mateo. He said the District has been awarded a $35 ,000 Land and Water Conservation Fund grant for the development portion of the project. D. Woods reviewed the preliminary architectural and landscape plans for the proposed parking lot, noting that it had also been presented to the planning staff and the Public Works Department of San Mateo County and that the final plan will be very similar to the plan being presented to the Board at the meeting. D. Wendin asked if the landscaping would soften the effect of the fence around the parking lot and make the parking area less visible from the highway. D. Woods pointed out that the low growing plants would not block the view, explaining that there would be an island in the middle to help direct the traffic around and prevent misuse. N. Hanko informed the Board that she had visited proposed site "L" with Mary Gordon, former Palo Alto Planning Commissioner, and re- lated Mrs. Gordon's opinion that, although this is not as desirable as the "OK Corral" site, the "L" location is a livable plan. N. Hanko said that Mrs. Gordon had suggested that some additional landscaping with trees be considered to soften the 10 space parking area against the boundary of San Mateo County. D. Woods said that staff was exploring the possibility of under- grounding a section of the power lines , specifically the one by the entrance to the parking area. In response to the suggestion that there be more trees, such as Monterey pines or bay trees, Woods said that there are not any native trees that grow on that kind of hill slope and that would look appropriate. N. Hanko stated her concern that the neighbors of the preserve would have a shocking experience if there was not sufficient landscaping to protect their view. E. Shelley said that one of the primary reasons for picking a site like this one was to have clear visibility from the road. S. Sessions noted that the primary point of surveillance for the lot would be from Page Mill Road. D. Woods pointed out that the proposed development plan had not provided for horse trailer parking. R. Bishop asked if there has been any consideration for equestrian access elsewhere. Meeting 81-11 Page Seven D. Woods responded that thought had been given to the possibility of horse trailer parking and equestrian access at Canyon Road so that equestrians could cross from Canyon Road onto Los Trancos . He said there is a possibility of using the area where the barn was removed for special access , thus providing access to both Canyon Road Trail and Los Trancos. H. Haeussler stated that he was concerned that the pull-out area provided for horse trailers would be taken up with cars . He asked if the area would be signed as reserved for horse trailers and expressed his concern about the safety of making a left turn off Page Mill Road into the lot. D. Woods responded that vehicles making a left turn onto the site would be coming up a moderately steep hill causing traffic to slow down, and that the San Mateo Public Works Department staff felt that the slower moving traffic was sufficient to allow enough line of sight for making a safe left turn into the lot. He added that a possible solution to the horse trailer parking would be use of the larger area where the old barn was removed. Tom Harrington, 4201 Page Mill Road, Los Altos , stated that he strongly objected to the proposed location of the parking area, that he was the one person most impacted by the parking lot as his property looked directly down on it, that he intended to pursue his objection, that location "L" had been way down the list in the original survey of potential sites , and that the previous proposed parking area had been sensitively placed. He said "L" location had very poor visibility, and he suggested the Los Trancos lot be expanded to accommodate more cars. Purusha Obluda, 31570 Page Mill Road, Los Altos, implied through a series of questions that the "L" location had been selected because it was outside the jurisdiction of the City of Palo Alto, and said he felt that there had not been enough public notification and that there should be public meetings with the neighbors to allow for more public input on the Plan. He asked the Board to delay making a decision on the parking area and allow more time for the public to provide input. N. Hanko proposed a slight delay that would allow enough time for the public to become apprised of the plan, and said there should be a procedure for allowing people to look at the proposed parking lot site. E. Shelley asked if there had been public or neighborhood meetings on the Plan and if there had been any meeting pertaining to this particular site for the parking lot . S. Sessions responded that besides the Board meetingswhen the Plan had been discussed, he believed there had been four meetings before Palo Alto Council members and Commissioners . He said there had not been a specific neighborhood meeting on the "L" location. Meeting 81-11 Page Eight P. Obluda stated that he disapproved very strongly of location "L" parking area and felt that the District had denied the public input. Tom Dodd, 7051 Alpine Road, La Honda, agreed with the request to delay approval until additional public input could be obtained. He criticized the District for lack of concern toward the people in the area. I Virginia McKim, 864 Cedro Way, Stanford, and Nat Sherrill, P.O. Box 4155, Woodside, also supported the recommendation to delay a decision on the proposed parking area. Ellie Huggins , 824 San Francisco Court, Stanford, urged the District to find a way for "this jewel" (Monte Bello Open Space Preserve) to be opened for the public to enjoy. Mark Schneider, P.O. Box 343 , La Honda, said that the proposed parking area was only technically out of Palo Alto' s jurisdiction and Palo Alto should be involved in the decision making process for the site. He also said that he opposed any development in the area of the barn since staff had originally stated that the fault line ran through it. D. Woods pointed out that the area would not be developed and that it is a flat area that could provide parking for horse trailers. Geri Albers, 925 Arbor Road, Menlo Park, spoke on behalf of the Plan and said she hoped that the Board would act quickly to open this preserve to the public. P. Obluda suggested using Los Trancos lot for parking, with the riding ring area used for overflow parking. M. Schneider pointed out that the original parking lot had what they called landscape reserve, meaning 35 cars with 20 spaces for overflow. K. Duffy asked if there was a possibility for future expansion in location "L" . D. Woods said that "L" location had expansion capabilities for approximately 15 cars, but the expansion area would fall under Palo Alto' s jurisdiction. M. Schneider asked how much earth would have to be moved and how the amount compared with the different proposed sites. D. Woods answered that 700 cubic yards would have to be moved, an amount less than for site "G" . He added that the riding ring area would require major excavation to make the access road. N. Hanko said she felt the "OK Corral" had not been discussed to the fullest extent by the Board and that there were ways of access to this site other than the long road. Meeting 81-11 Page Nine D. Woods continued the presentation pointing out that the trails plan has been developed to utilize a lot of existing old roads and trails. He said the Stevens Creek Nature Trail would have a 5% grade to allow the handicapped and physically limited easier access into the Canyon Road Area. D. Wendin questioned the wording in the description of the Geology Trail, saying the statement, "This trail would not be intended ,for general public use , " would be misleading. R. Bishop suggested changing the wording and deleting the words, "general public use" , noting it would be open to individual hikers. H. Haeussler asked if horses would be restricted on the trails and why there were no trails proposed on the west side of the preserve. D. Woods explained that the west side of the preserve had a number of Douglas firs and sensitive soils, M. Schneider objected to the Geology Trail because of the geologi- cally sensitive nature of the proposed area and because it would be developed to serve only geologists. P. Obluda said that the public was being asked to "rubber stamp" the Board proposal and that it is unfair to assume that the silence of the public meant approval . D. Woods said that at the beginning of the planning process for this area, a neighborhood meeting was held and notices were sent to local residents. As a result of that meeting people were selected, representing each of the viewpoints, to hike the trails, to comment and to provide input into the planning process. D. Woods continued the presentation of the Use and Management Plan, explaining that the primary signing would be at the proposed parking area. Trail signs would be placed on trails in appropriate locations. He said the campground element had already been approved and staff is in the process of obtaining permits from the City of Palo Alto. He said staff had received approval from the Board to remove the cisterns above the sag pond, the cabin, and the free standing fireplace. He said staff is proposing that a portable, recirculating toilet be installed near the proposed campground and that another restroom that would accommodate the physically limited was proposed near the parking area. S. Sessions commented on the natural resource management of the area, saying that Phase I of the fire management plan had been completed and plans for fire management for the next seven years had been tentatively laid out. He said that attempts at staff level had been made to contact Palo Alto about the drainage erosion from the Palo Alto water tank. He added that staff is recommending that a letter from the President of the Board of Directors be sent to the Palo Alto City Council asking for a total restoration of the eroded area and asking Palo Alto staff to address the problem of possible continued erosion. � S. ._____-_ said --_-_ was _ -- -_-_---in~ that what was formerly three areas (Page MlII Road, 8lao}c Mountain, and Pioobetti Ranch) Meeting 81-11 Page Ten be addressed as two areas: Page Mill Road Area (Page Mill Road and Black Mountain) and the Picchetti Ranch Area, which would in- clude additions in that area. He said staff was requesting that the Board of Directors adopt the Use and Management Plan as pre- sented and authorize staff to implement the Plan. K. Duffy referred to S. Sessions ' s comment on the agricultural portion of the plan, noting that staff may need more policy guidance and asked what direction the Board should be taking. H. Grench said that this issue had been brought up at previous site emphasis meetings and present policy was not clear. He said that the Board needs to further define the policy. M. Schneider asked what was proposed for demolition. S. Sessions responded that the existing chimney, the cabin, two cisterns and the spring box are to be demolished. M. Schneider pointed out that there was a cistern on the hill with no cover that apparently was not included in the recommendation , and recommended that the safety hazards involved be taken care of as soon as possible and that the spring box be left intact. He objected to the demolition of the spring box, saying that it is a usable water source and urged the Board to delay adopting the Use and Management Plan and call for the formation of a local neighbor- hood committee to make recommendations. P. Obluda also objected to the removal of the spring box and the two cisterns, saying that the spring box was a very beautiful, holy place and to disturb that area and the trees around it would tear the heart out of the place. Doni Hubbard, 25228 LaLoma Drive, Los Altos Hills, asked if the discing and reseeding of some of the trails would mean no trails in certain areas, and how much of the Stevens Creek Nature Trail would be closed to equestrians. D. Woods replied that the discing and reseeding did not result in any loss of trails or access and added that, because of the sen- sitive nature of the terrain, the Stevens Creek Nature Trail would accommodate only hikers. D. Hubbard asked if there would be any creek crossing for horsemen in this area and if this trail proposal represented a net loss of trails open to horsemen. D. Woods said that in that particular area there would not be any creek crossing for horsemen, but that there would be no net loss of equestrian trails. D. Hubbard recommended that a decision be delayed on the use and Management Plan which would allow for input from the recently formed Trails Council . D. Wendin suggested that the discussion of the Use and Management Plan be continued to the next Board Meeting in three weeks and asked that comments be directed to four areas : 1) the trails plan, 2) the demolition element, 3) the geology trail , and 4) the proposed Meeting 81-11 Page Nine D. Woods continued the presentation pointing out that the trails plan has been developed to utilize a lot of existing old roads and trails. He said the Stevens Creek Nature Trail would have a 5% grade to allow the handicapped and physically limited easier access into the Canyon Road Area. D. Wendin questioned the wording in the description of the Geology Trail, saying the statement, "This trail would not be intended ,for general public use , " would be misleading. R. Bishop suggested changing the wording and deleting the words, "general public use" , noting it would be open to individual hikers. H. Haeussler asked if horses would be restricted on the trails and why there were no trails proposed on the west side of the preserve. D. Woods explained that the west side of the preserve had a number of Douglas firs and sensitive soils, M. Schneider objected to the Geology Trail because of the geologi- cally sensitive nature of the proposed area and because it would be developed to serve only geologists. P. Obluda said that the public was being asked to "rubber stamp" the Board proposal and that it is unfair to assume that the silence of the public meant approval . D. Woods said that at the beginning of the planning process for this area, a neighborhood meeting was held and notices were sent to local residents. As a result of that meeting people were selected, representing each of the viewpoints, to hike the trails , to comment and to provide input into the planning process . D. Woods continued the presentation of the Use and Management Plan, explaining that the primary signing would be at the proposed parking area. Trail signs would be placed on trails in appropriate locations. He said the campground element had already been approved and staff is in the process of obtaining permits from the City of Palo Alto. He said staff had received approval from the Board to remove the cisterns above the sag pond, the cabin, and the free standing fireplace. He said staff is proposing that a portable, recirculating toilet be installed near the proposed campground and that another restroom that would accommodate the physically limited was proposed near the parking area. S. Sessions commented on the natural resource management of the area, saying that Phase I of the fire management plan had been completed and plans for fire management for the next seven years had been tentatively laid out. He said that attempts at staff level had been made to contact Palo Alto about the drainage erosion from the Palo Alto water tank. He added that staff is recommending that a letter from the President of the Board of Directors be sent to the Palo Alto City Council asking for a total restoration of the eroded area and asking Palo Alto staff to address the problem of possible continued erosion. S. Sessions said staff was recommending that what was formerly three areas (Page Mill Road, Black Mountain, and Picchetti Ranch) Meeting 81-11 Page Ten be addressed as two areas : Page Mill Road Area (Page Mill Road and Black Mountain) and the Picchetti Ranch Area, which would in- clude additions in that area. He said staff was requesting that the Board of Directors adopt the Use and Management Plan as pre- sented and authorize staff to implement the Plan. K. Duffy referred to S. Sessions ' s comment on the agricultural portion of the plan, noting that staff may need more policy guidance and asked what direction the Board should be taking. I H. Grench said that this issue had been brought up at previous site emphasis meetings and present policy was not clear. He said that the Board needs to further define the policy. M. Schneider asked what was proposed for demolition. S. Sessions responded that the existing chimney, the cabin, two cisterns and the spring box are to be demolished. M. Schneider pointed out that there was a cistern on the hill with no cover that apparently was not included in the recommendation, and recommended that the safety hazards involved be taken care of as soon as possible and that the spring box be left intact. He objected to the demolition of the spring box, saying that it is a usable water source and urged the Board to delay adopting the Use and Management Plan and call for the formation of a local neighbor- hood committee to make recommendations . P. Obluda also objected to the removal of the spring box and the two cisterns, saying that the spring box was a very beautiful , holy place and to disturb that area and the trees around it would tear the heart out of the place. Doni Hubbard, 25228 LaLoma Drive, Los Altos Hills , asked if the discing and reseeding of some of the trails would mean no trails in certain areas, and how much of the Stevens Creek Nature Trail would be closed to equestrians. D. Woods replied that the discing and reseeding did not result in any loss of trails or access and added that, because of the sen- sitive nature of the terrain, the Stevens Creek Nature Trail would accommodate only hikers . D. Hubbard asked if there would be any creek crossing for horsemen in this area and if this trail proposal represented a net loss of trails open to horsemen. D. Woods said that in that particular area there would not be any creek crossing for horsemen, but that there would be no net loss of equestrian trails. D. Hubbard recommended that a decision be delayed on the Use and Management Plan which would allow for input from the recently formed Trails Council. D. Wendin suggested that the discussion of the Use and Management Plan be continued to the next Board Meeting in three weeks and asked that comments be directed to four areas : 1) the trails plan, 2) the demolition element, 3) the geology trail , and 4) the proposed ,Meeting 81-11 Page Nine D. Woods continued the presentation pointing out that the trails plan has been developed to utilize a lot of existing old roads and trails. He said the Stevens Creek Nature Trail would have a 5% grade to allow the handicapped and physically limited easier access into the Canyon Road Area. D. Wendin questioned the wording in the description of the Geology Trail, saying the statement, "This trail would not be intended ,for general public use , " would be misleading. R. Bishop suggested changing the wording and deleting the words, "general public use" , noting it would be open to individual hikers. H. Haeussler asked if horses would be restricted on the trails and why there were no trails proposed on the west side of the preserve. D. Woods explained that the west side of the preserve had a number of Douglas firs and sensitive soils. M. Schneider objected to the Geology Trail because of the geologi- cally sensitive nature of the proposed area and because it would be developed to serve only geologists. P. Obluda said that the public was being asked to "rubber stamp" the Board proposal and that it is unfair to assume that the silence of the public meant approval. D. Woods said that at the beginning of the planning process for this area, a neighborhood meeting was held and notices were sent to local residents. As a result of that meeting people were selected, representing each of the viewpoints, to hike the trails , to comment and to provide input into the planning process. D. Woods continued the presentation of the Use and Management Plan, explaining that the primary signing would be at the proposed parking area. Trail signs would be placed on trails in appropriate locations . He said the campground element had already been approved and staff is in the process of obtaining permits from the City of Palo Alto. He said staff had received approval from the Board to remove the cisterns above the sag pond, the cabin, and the free standing fireplace. He said staff is proposing that a portable, recirculating toilet be installed near the proposed campground and that another restroom that would accommodate the physically limited was proposed near the parking area. S. Sessions commented on the natural resource management of the area, saying that Phase I of the fire management plan had been completed and plans for fire management for the next seven years had been tentatively laid out. He said that attempts at staff level had been made to contact Palo Alto about the drainage erosion from the Palo Alto water tank. He added that staff is recommending that a letter from the President of the Board of Directors be sent to the Palo Alto City Council asking for a total restoration of the eroded area and asking Palo Alto staff to address the problem of possible continued erosion. S. Sessions said staff was recommending that what was formerly three areas (Page Mill Road, Black Mountain, and Picchetti Ranch) Meeting 81-11 Page Ten be addressed as two areas : Page Mill Road Area (Page Mill Road and Black Mountain) and the Picchetti Ranch Area, which would in- clude additions in that area. He said staff was requesting that the Board of Directors adopt the Use and Management Plan* as pre- sented and authorize staff to implement the Plan. K. Duffy referred to S. Sessions ' s comment on the agricultural portion of the plan, noting that staff may need more policy guidance and asked what direction the Board should be taking. H. Grench said that this issue had been brought up at previous site emphasis meetings and present policy was not clear. He said that the Board needs to further define the policy. M. Schneider asked what was proposed for demolition. S. Sessions responded that the existing chimney, the cabin, two cisterns and the spring box are to be demolished. M. Schneider pointed out that there was a cistern on the hill with no cover that apparently was not included in the recommendation , and recommended that the safety hazards involved be taken care of as soon as possible and that the spring box be left intact. He objected to the demolition of the spring box, saying that it is a usable water source and urged the Board to delay adopting the Use and Management Plan and call for the formation of a local neighbor- hood committee to make recommendations . P. Obluda also objected to the removal of the spring box and the two cisterns, saying that the spring box was a very beautiful, holy place and to disturb that area and the trees around it would tear the heart out of the place. Doni Hubbard, 25228 LaLoma Drive, Los Altos Hills , asked if the discing and reseeding of some of the trails would mean no trails in certain areas, and how much of the Stevens Creek Nature Trail would be closed to equestrians. D. Woods replied that the discing and reseeding did not result in any loss of trails or access and added that, because of the sen- sitive nature of the terrain, the Stevens Creek Nature Trail would accommodate only hikers. D. Hubbard asked if there would be any creek crossing for horsemen in this area and if this trail proposal represented a net loss of trails open to horsemen. D. Woods said that in that particular area there would not be any creek crossing for horsemen, but that there would be no net loss of equestrian trails. D. Hubbard recommended that a decision be delayed on the Use and Management Plan which would allow for input from the recently formed Trails Council . D. Wendin suggested that the discussion of the Use and Management Plan be continued to the next Board Meeting in three weeks and asked that comments be directed to four areas : 1) the trails plan, 2) the demolition element, 3) the geology trail, and 4) the proposed Meeting 81-11 Page Eleven parking area "L" . He urged members of the public to submit written comments about the Plan to the District. N. Hanko said that she would make herself available to the public for tours of the proposed site for people who would like to view areas being discussed, and voiced her support of the proposed delay in the discussion. Motion: D. Wendin moved that discussion of the Monte Bello OpeA Space Preserve Use and Management Plan be continued to the May 13 , 1981 meeting. R. Bishop seconded the motion. Discussion: Discussion centered on whether the item should be post�_oned three weeks or five weeks. Amended Motion: D. Wendin amended his previous motion to delay discussion and approval on the Monte Bello Open Space Preserve Use and Management Plan until the meeting of May 27 , 1981. R. Bishop seconded the amended motion. The amended motion carried unanimously. K. Duffy recommended that the safety measures pertaining to the demolition portion of the plan be carried out as soon as possible, but that the spring box be made safe and not be demolished. Motion: K. Duffy moved that the Board reconsider the demolition of the spring box. N. Hanko seconded the motion. R. Bishop called for a roll call vote. The motion did not carry on the following vote: Noes : R. Bishop, E. Shelley, H. Turner Ayes : K. Duffy, D. Wendin, N. Hanko Absent: B. Green Motion: D. Wendin moved that the President of the Board of Directors be given the authority to call a special meeting for the purpose of a public tour of the Monte Bello open Space Preserve and the areas being discussion. E. Shelley seconded the motion. The motion passed unanimously. A list was circulated through the room for the purpose of learning who would be interested in taking the suggested tour. VT_II. OLD BUSINESS WITH ACTION REQUESTED Issues and Questions from Site Emphasis and Program Evaluation Workshops - Ranger Ride-Along Program Motion: D. Wendin moved the consideration of the Ranger Ride-Along Program be continued to the next meeting when all Board members were present. H. Turner seconded the motion. The motion passed unanimously. meeting 81-11 Page Twelve IX. INFORMATIONAL REj:_ATS H. Grench reported AB 597 had been heard and passed by the Assembly Local Government Committee on April 21 and would probably go next to the Assembly's Ways and Means Committee. He stated he and D. Wendin had been present for the bill"s hearing, but it had not been necessary for them to testify, since Assemblyman Sher was able to respond fully to the Committee. H. Grench stated he had delivered the Board' s Resolution of Appreciation to Dominic Cortese, and D. Wendin had presented the Board's Resolution of Appreciation to Byron Sher while in Sacramento. H. Grench noted one member of the Budget Committee would not be able to attend the Committee's next three meetings and asked if any other Board member would like to attend. Dave Bennion, 1310 Bay Laurel Drive, Menlo Park, referring to the incorrect date that had appeared on the agenda, stated the Public Notification Committee might want to consider procedures relating to inaccurate information included on the material sent to the public about Board meetings . S . Sessions reported that 2000 feet of the Monte Bello Open Space Preserve fence along Page Mill Road had been destroyed, costing the District approximately $1500 in materials and labor to replac(., it. S. Sessions stated he and D. Wendin had attended the St. Joseph 's Avenue neighborhood workshop, organized by the Los Altos City Council, on Tuesday, April 21. He noted that Santa Clara County representatives were present , that information gathered would be used by the Council in trying to solve the parking problem, and that one of the solutions considered was to prohibit parking except for the residents aloncr St.iJoseph' s Avenue who would have a tvpe of residential parking sticker. S. Sessions said the next meeting of the newly formed trails council would be held on May 4 and noted he thought represen- tatives of the group woold, at the next Board meetinq, address the Board and ask for District recognition. C. MacDonald stated the next issue of Openspace would be ready for distribution on Monday, April 27. K. Duffy stated she and C. Britton had attended the April 20 meeting of the Los Gatos Town Council at which the Council approved the Joint Powers Agreement with the District for the acquisition of the proposed Los Gatos Creek Park. She stated the Council, by a 4-1 vote , approved, at the same meeting, a Resolution of Necessity for the acquisition of the Novitiate property. meeting 81-11 Page Thirteen 'X. CLAIMS Motion: D. Wendin moved the approval of the revised claims , C-81- 9 , dated April 22, 1981. E. Shelley seconded the motion. Discussion: D. Wendin stated Claim 2087 did not includ those personal expenses he paid for the trip to Sacramento for AB 597 's hearing. J. Fiddes pointed out that the revised claims had been corrected to indicate the period of litigation services for S. Norton (Claim 2069) was from January 14 , 1980 to April 10, 1981. The motion passed unanimously. XI. CLOSED SESSION The Board recessed to Closed Session at 12 :10 A.M. , Thursday, April 23, 1981. XII .ADJOURNMENT The Board reconvened to adjourn at 1:08 A.M. Jean H. Fiddes Iris Youngs C - _ _9 A 1 22, 1981 Meeting 81-11 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Description 2045 $ 7 ,000. 00 Verl J. Lovell Purchase Contract-El Sereno 2046 2,843. 75 Maryanne Moore Hayes Purchase Contract-El Sereno 2047 2, 031. 25 Elizabeth Moore Scott Purchase Contract-El Sereno 2048 700. 00 E.P. Brodd & Assoc. Appraisal Services 2049 733. 00 Kathy Blackburn Contract Services-April 2050 1. 03 Wm. C. Brown Co. Tax on Book-"Financing,Man. ,Marketing Recreation" 2051 208 . 94 CA Water Service Co. Utilities-Rancho San Antonio OSP 2052 171. 00 CENTRAC Carpet Shampooing-Main Office 2053 1 , 750. 00 Clevenger Realty Corp. Appraisals 2054 176. 00 Communications Re- Radio Equipment. Ma-intenance search 0 . 2055 107 .03 The Dark Room Photography for Public Communication, Film Processing-Grants 2056 �0. 56 Dept. of Parks and Basic Park Maintenance Program-Joan Recreation Ferguson 2057 785 . 62 Dorn' s Safety Service District Vehicle Expense 2058 40. 00 Excel Pool & Patio Pool Maintenance 2059 190. 00 First American Title- Preliminary Title Reports Guaranty Co . 2060 1, 100. 00 Foss & Associates Personnel Consultant-Feb. and March 2061 200. 22 General Electric Radio Equipment-Antenna and Battery 2062 26. 00 Mary Gundert Private Vehicle Expense 2063 16. 70 Hubbard & Johnson Site R6pair-Wallboard and Joint Com- pound 2064 400. 00 Mr. & Mrs . Jens-Karl Deed of Trust Payment-April Kroijer 2065 7. 39 Kragen Auto Supply Shop .Equipment-Distributor' Wrench 2066 77. 00 Los Altos Garbage Garbage Service-Ranger Office 2067 185. 89 Minton's Lumber,Paint,Hardware and Building Materials 2068 66. 76 Norney' s Office Supplies 2069 .5 , 177. 59 Stanley Norton Litigation Legal Services-1/14/80 to 4/10/81 2070 197 . 93 Orchard Supply Field Supplies and Hardware for RSA Fence C-81-9 Revised Ap-, l 22, 1981. M( _ng 81-11 Page .2 Amount Name Description' 2071 $ 70. 38 PG and E Utilities 2072 '25 . 00 Park Rangers Association Subscription-Eric Mart � 2073 51 . 30 Peninsula Times Tribune Legal Advertising-Combined Balance Sheets. 2074 1,425 . 00 Rogers ,Vizzard and Legal Services-March Tallett 2075 32. 25 San jose Art Drafting Sdpplies-Electric Eraser and Shield,Formzline Tapes ,and Letraset Sheets , and Felt Pen. 2076 4.15. 34 Scribner Graphic Press Los Trancos Brochures 2077 124. 29 Securit ' Contractor §ite a,�n entny-T-Gate Posts and 0 y ingeMs *ontr-e e Services 2078 465 . 34 Techni-Graphics , Inc . Stationery and, BusiRess Cards 2079 314. 81 Union Oil CO. District Vehicle Expense 2080 70. 00 Vangas Utilities 2081 421. 20 Xerox Installment Payment and Xerox Pape.,, 2082 92. 92 The Frog Pond Meal� Conferences-Public Notificati- Thornewood, and Budget Committees 2083 37 . 33 ABF4,iCADABRA Typesetting-Fremont Older Brochure 2084 6. 98 Crap-hicstat, Inc. ' Map Photo Reproduction 2085 54. 00 Del Woods Private Vehicle Expense -2086 138 . 85 Petty Cash Maps , .Office Supplie8 ,Blueprints , Meal Conferences ,and Private Vehicle Expenses . 2087 235 . 70 Herbert Grench Out-of-To�m Me6ting Expense for H. Grench and D. 116ndin Meeting 81-12 May 2, 1981 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Special Meeting Board of Directors M I N U T E S May 2, 1981 Roll Call The meeting was called to order by President Richard Bishop in the parking lot of the Los Trancos Open Space Preserve at 10 :10 A.M. Members Present: Katherine Duffy, Daniel Wendin, Nonette Hanko, and Richard Bishop. Members Absent: Barbara Green, Edward Shelley, and Harry Turner. Staff Present: Herbert Grench, Steven Sessions, Del Woods , and Jean Fiddes . Ii . Presentation of Monte Bello Open Space Preserve Use and Management Plan for the Black Mountain and Page Mill Road Areas R. Bishop stated that the purpose of the Special Board meeting was to have a field tour of the areas covered by the proposed Use and Management Plan for the Black Mountain and Page Mill Road Areas of the Monte Bello Open Space Preserve. He stated the Board would be considering adoption of the plan at their Regular Meeting of May 27, 1981 and invited members of the public to attend and speak at that meeting. S. Sessions reviewed the different parts of the proposed Use and Management Plan for the Black Mountain and Page Mill Road Areas of the Monte Bello Open Space Preserve, noting that copies of the proposed plan (report R-81-16, dated April 17, 1981) and prior staff reports on the location of the parking lot at the Monte Bello Open Space Preserve (reports R-80-5, dated March 6 , 1980 and R-80-50 , dated September 4 , 1980) were avaiable for members of the public. III. Tour of Parking Lot Location L and Other Parking Areas Studied D. Woods reviewed the staff ' s plans and designs for the parking lot at location "L" and provided background on other locations that had been considered for the parking lot. IV. Tour of Trails and Other Areas The group viewed the structures marked for demolition, including two cisterns above the sag pond, the spring box, the concrete pad, the partially destroyed cabin, and the free standing chimney . V. Adjournment The Special Meeting was adjourned at 12 :00 P.M. Jean 11. Fiddes District Clerk WRITTEN COMMUNICATION — Meeting 81-14 AT May 27 , 1981 nrMIME- A May 18, 1981 Mid Peninsula Regional Open Space District 375 Distel Circle, D-1 Los Altos, CA 94022 Dear MROSD- As a responsible member of the community I feel I must protest your intention to tear down the cistern at the Bay Tree Springs at Monte Bello (the old Land) . 1. The spring has been a restative source of joy for many years after leading groups of school children on hikes at Los Trancos - to be able to walk across the street and have a quiet moment in such a beautiful place. j 2. The water is excellent! Pure and cool . 3. In case of an earthquake in the area, those of us on the backside of Vista Verde (behind Los Trancos Woods) have a contingent plan to use the water for drinking and cooking since it is (now) within easy hiking range. Our survival may well epend on it. Thank you for open minds. WRITTEN COMMUNICATIC Meeting 81-14 May 27 , 1981 F0Vil L CULE(1170"E 12345 El Monte Road Los Altos Hills CA 94022 (415)948-8590 May 20, 1981 Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Gentlemen: I understand from a recent conversation with Ellie Huggins that you have some questions about the proposed geologic trail for the Montebello Open Space Preserve. A tentative trail that runs along the several active traces of the San Andreas fault was indeed roughed out a couple of years ago by Del , Ellie and myself. As we envision this new trail , it will provide access for the public to some of the large scale rift features not available across Page Mill Road on the Los Trancos Earthquake Trail . On the Montebello section of the fault are elongate trenches, squeezed-up ridges and the only accessible cross-section across the San Andreas fault in Northern California. The headwall scarp of an active landslide provides the best exposure of the multiple breaks in the fault zone that I have seen other than in temporary backhoe trenches. Providing access to this vertical slice across the fault will render an invaluable service to engineering geology programs throughout the Bay area, such as those at San Jose State University, U. C. Berkeley, and Stanford. As we envision this trail then, it will provide at least three services to the public: one, there will be additional interpretive information not available elsewhere for those whose appetite for exploring the San Andreas fault has been whetted by the Los Trancos Earthquake Trail . We envision writing a short geologic interpretation to be included in the site brochure. Second, the trail will provide access to unique educa- tional sites that will be very useful in the training of geotechnical specialists. Third, the trail in its own right will provide magnificent scenic views of Black Mountain and Steven's Creek Canyon that should delight even the most casual visitor to the Montebello Open Space Preserve. I hope you will share with us our enthusiasm for the development of this educational and scenic resource. If I can be of further assistance, please set me know. Since N. Timothy all Professor of Geology WRITTEN COMMUNICATION Meeting 81-14 May 27 , 1981 MAY 19 1981 Harry H. Haeussler, Jr. 1094 Highland Circle Los Altos , Calif. 94022 May 17, 1981 Board of Directors Midpenninsula Regional Open Space District 375 Distle Circle, Suite D-1 Los Altos , Calif. 94022 Re : Parking, General You have purchased land and created attractive usage lof it, to the point of almost creatinE an "attractive nuisance" (Rancho San Antonio/Los Altos parking pro- plem. ) As usage of MROSD lands increases , the problams of adaquate parking will increase . The responsibility of providing parking space for those using, MROSD lands is that of MROSD and not that of the adjacent or surrounding communities . Realization that you do not desire to relinquish any of the MROSD land for parking is obvious (again Rancho San Antonio/Los Altos ) - yet providing parking space on MROSD land is the solution. To be a good neighbor and to provide for public use, it is your obligation to set aside adaquate space on MROSD lands for parking . Some form of parking must be provided immediatly on purchase, and adaquate parking J�IX%Xgf for future growth of public use provided. Harry H. Haeussler, Jr. WRITTEN COMMUNICATI( Meeting 81-14 Mav 27 , 1981 A SACRAMENTO ADDRESS: COMMITTEES STATE CAPITOL Elections and Reapportionment SACRAMENTO, CALIFORNIA 95814 Vice Chairman (916) 445-8188 Talifornio +frgisluture ERevenue ducatonand Taxation DISTRICT OFFICE: 621 MIDDLEFIELD ROAD REDWOOD CITY, CALIFORNIA 94063 (415) 365-1426 ROBERT W. NAYLOR ASSEMBLYMAN, TWENTIETH DISTRICT CHAIRMAN ASSEMBLY MINORITY CAUCUS May 20, 1981 Mr. Herbert Grench General Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Dear Herb: Thank you for your May 8 letter on my AB1749, regarding swamp and overflow lands. The bill was originally drafted incorrectly and your reaction is probably to that draft. Enclosed is a copy of the bill in its present form. The measure is no longer opposed by the State Lands Commission, and it passed the Assembly Energy and Natural Resources Committee on a 13-0 vote, with no opposition expressed by any groups or individuals. It represents simple equity to landowners whose own actions have created navigable waters, and even the State Lands Commission recognizes this. You will note that the public' s navigational easement is guaranteed under AB1749. I appreciate the opportunity to clarify this matter. SuLarely � AL,11 Robert W. Na RWN/kem r s WRITTEN COIIIMUil'-•"CATIOPI 16830 Sheldon Road Distributed at sleeting 81-14 Los Gatos , Ca. 95030 May 27 , 1981 May 15 , 1981 (Discussed during Oral Communications) Board of Directors Mid.peninsula Regional Park District 745 Distel Drive Los Altos , Ca . 94G22 Dear Members of the Board. of Directors : The residents of Sheldon Road request you take action regarding several concerns we have with the operation and maintenance of the El Sereno Open Space Preserve. Sheldon Road, Los Gatos , is designated as a non-vehicular access to El Sereno Preserve. However, it is very difficult to keep persons in cars from using Sheldon Road to enter the preserve. This results in illegal parking of cars on Sheldon Road which is a private road, privately maintained, with no parking allowed except in private drives . At our request, the Board of Super- visors passed a .resolution declaring Sheldon Road is subject to the provision of the Calif. Vehicle Code. We have posted regulation size, visible signs which state PRIVATE ROAD, NO PARKING, Cars will be towed away at owner ' s expense, C.V.C . Section 22658A. Last year one of these signs was posted on the gate to the preserve and later removed by one of your rangers . Upon ppotest b-\-- a resident of Sheldon Road, it was returned. We request` permiss:�,on to post a sign on the fence as it is a visible place from the turnaround. This turnaround must be kept free-of any parkdd `vehicles to enable sevei"al residents to gain acQQss to their .p�opeptyl�and to permit fire engines to pass if neces;Jary. `secondly, we=--strongly urge you to increase your patrol and super- vision' of the preserve area. Motorcyclists are still getting - through the fence to the preserve . Young persons are hiking in via She! don: Road (after parking cars illegally on Sheldon) , are s©mbtiRes camping overnight and have had fires . Firearms have been used. in ..the Preserve. Last 4th of July, the Sheriff' s Office had to be called, twice to deal with these problems . Enfor cement of no camp,inrz , no fires , no firearms , no motorcycles is urgently needed as tie summer season rapidly approaches . r;o Rules of the Preserve .are pasted;. , Information signs on the gate at the end of ;h,eldon Road should. be posted stating the regulatory rules . Thirdly, a much more substantial -ate and fence is re, uired to prevent access to the park -by unaA` orized people via -gheldon Rd. We are particularly interested in preventing motorcycles from. getting through. In your summary of t;se and 11.,anagement Plan for El Sereno Open Space -'reserve distributed to prope, ty 6wners adjacent -to the Preserve in May 1977,. you stated. . . . . "aii old. roadbed. leading from Sheldon Road would be cleared of encroaching brush for patrol use. " This has not been. done. Improvement of that roadbed. to permit access of small fire fighting vehicles would be an added safe- guard in the evert of fire in the preserve . Now that this open space is a public preserve, more people are aware of it and use it - but , unfortunately, not as it should be used. Without adequate supervision and tatrol of the preserve, this beautiful open space tet' aside for proper public use may become nothing more than an attractive public nuisance. We urge you to take positive action on these suggestions. Sincerely, Residents of Sheldon Road 1 -- WRITTI *COMMUNICATION Distributed at Meeting 8-14 May 27 , 1981 ffl�-�y 2b , 1981 To : Midpeninsuia Regionai Open Space District - Board of Directors From : Thomas E . Harrington 4201 Page Mill Road Los Altos , Ca. 94022 Subject : Proposed Location 11L" for parking lot - Montebeiio Open Space Preserve 1 respectfu.L.Ly request that you relocate the proposed parking iot from iocation "L" to anotner Location. I strong.Ly object to the "Ll' location for the foiiowing reasons : 1 . Visuai Impact - The proposed iot is very visabie from my h.ouse and from all aiong Montebelio Ridge . Aiso it wouid marr the view of drivers along PaUe Mil.l. Road. It would place a parking Lot squarely on the side of an otherwise beautiful roiling grassy hill . 2 . Safety - The entrance and exit to the "L" lot are dangerous . Desp*ite pians for a widened road width , a car or trailer traveling uphill. and turning left into the iot is in danger from downhill (and often veryfast ) traffic . I have attached ietters from two traffic engineers pointing to these probiems. (one is traffic engineer from San Mateo County , the other a weii respected George Nolte traffic expert. ) 3 . Non-Expandabiiity - The "Ll' location is a iedge on the side of a' hiil . By choosing this location , you are limiting any expansion in the future . 4. Use - The "Ll' iocation is on the side of a hill . Any trails to and from it would be quite steep , further ruining a Joveiy grassy siope . Further , the lack of green vegetation makes the site unattractive in the extreme heat of summer. 5. Lands_capin_ - The lack of natural iandscaping is evidence that' the "Ll' site w-Lil be almost impossibie to iandscape to reduce its visibliity . Other possible sites offer varying amounts of natural landscaping . 6 . Handycap2.edd Uuse One future planning item is a trail for use of the handycapped . have attached a ietter from an accessibility expert from Stanford who is in a wheeichair himseif ) that outlines several, reasons why this lot is worthless for any handycapped access . 7 . Political - It is clear from your procedures and minutes over the last yedr or so that this location ' s main appeal is it ' s San Mateo address . I would hope you would consider toe very legitimate concerns of the local citizens most impacted by the lot , the City of Palo Alto Planning Commission and City Council , the Peninsula Times-Tribune , the Committet for Creen Footn� lls , the South Skyline Association , and numbers of other interested citizens and groups and reevaluate tne parking lot iocation. I sriare tne noble goals of the MROSD. I congratulate '!ou an the tasteful and aestneticaiiy pieasing manner in which you have developed the Los Trancos Open bpace Preserve . I feei strongly , however , that the proposed parking location 11L11 is a departure from trie cooperative and sensitive vd .LL#es you have rppresented herutofoi�e , and I hope you will abandon triat site . Very truly yours , Thomas WEHarrint�- on attachments : Geo . S. Nolte Letter re traffic San Mateo County Public Works - Letter re traffic Stanford University Med . Center - re hano%1cap trail GEORGE S NOLTE AND ASSOCIATES j Civil and Environmental Engineers • Planners Survevors May 12, 1981 184-81 Mr . Thomas E. Harrington 4201 Page Mill Road Los Altos , California 94022 i Dear Mr . Harrington: In response to your request, we have investigated the safety aspects of the proposed Los Trancos Open Space Preserve parking lot entrance on Page Mill Road . The primary disadvantage of the location is the restricted sight distance to the west . Because of the vertical alignment of Page Mill Road , eastbound traffic will have approximately 260 feet sight distance which is adequate for speeds up to 38 M.P.H. However , because no speed limit is posted and because eastbound traffic is on a downgrade, this speed is frequently exceeded. The situation is aggravated by the likelihood that many vehicles using the parking lot will be campers or will have horse trailers . These slow-moving vehicles would block the roadway for a relatively long duration as they leave the site. Eastbound vehicles coming over the hill would not anticipate these blockages . Sight distance to the west is also limited by the horizontal alignment . Clearing and regrading the bank along the south side of the road would be required to remedy this condition. Other locations which provide adequate sight distance are available nearby. The ro osed location provides inadequate siJ�ht distance and therefore coJ�stitsztes a potential safey problem. Very truly yours , GEORGE S. NOLTE AND ASSOCIATES By�L. Larson Chief Traffic Engineer L2al2 1731 North First Street, P.O. Box 820, San Jose, California 95106. (408) (287-3400) SAN JOSE WALNUT CREEK SOUTH SAN FRANCISCO SAN DIEGO SACRAMENTO Department of Public orks BOARD OF SUPERVISORS EDWARD J BACCIOCCO, JR JAMES V FITZGERALD ARLEN GREGORIO FRED LYON JOHN M WARD S. H.Cantwell,Jr. 0 DIRECTOR 101 COUNTY OF SAN MArPE R. L. Sans X�L.116 ASSISTANT DIRECTOR Elf,t�-4� COUNTY GOVERNMENT CENTER - REDWOOD CITY - CALIFORNIA 94063 (415) 364-5600, Ext. 2641 May 21, 1981 Thomas E. Harrington 105 Frement Avenue Los Altos, CA 94022 Dear Mr. Harrington: This is in reply to your letter and our field review concerning the four alternate sites that have been considered for additional parking areas for the Midpeninsula Park District on Page Mill Road. 9L_the, locations shown on our ma v ocation "L" (the most easterly site a ears to have the least amount of sight distance at the access point. Very truly yours, P,ROGER G. YOUNG Traffic Engineer RGY:njr STANFORD UNIVERSITY MEDICAL CENTER STANFORD, CALIFORNIA 94305 (415) 497-588 3 FACILITIES Mr. Thomas E. Harrington May 20, 1981 4201 Page Mill Road Los Altos, CA 94022 Dear Mr. Harrington: I have reviewed the proposed Los Trancos Open Space Preserve parking lot on Page Mill Road, in regard to its potential value as a starting point for an accessible trail for disabled persons. An accessible trail should of course feature gentle slopes, of not more than 5% grade. For disabled persons who can proceed beyond the trail , it should offer easy access into adjoining areas. Areas of shade should be provided, since very disabled persons often have difficulty maintaining stable body temperature when exerting themselves and/or under prolonged exposure to the sun. The trail should offer changes of view; vegetation; and small animal life. A variety of sights and sounds is important to those who cannot enjoy more active physical exercise, such as hiking and climbing. Finally, the appearance and location of the trail and its ingress, the parking lot, should not unduly stigmatize intended users. ibi—p-rD arkinq lot site, "L" is deficient on all c-iint-_- The surrounding area, within a 1000-foot ra ius, offers no shade, no vegetation, and no significant changes of view. Moreover, south of the site "L", the direction in which a trail would lead, the slope exceeds 20%. It is most difficult to believe this ]ends itself to an accessible trail . Such a trail would lead away from Los Trancos, and this would certainly stigmatize its users. In contrast, site "E" offers potential for a good trail leading into Los Trancos. Vegetation begins within 500 feet, and the gradient is the gentlest of all sites considered. Protection from direct sun can be assumed. Even sites "F" and it G it offer easier access to vegetation that "L". Their slopes are certainly gentler, although not as favorable as "E". Further, site "L" is located at a down-curve on Page Mill Road. Crossing this road at this point is probably hazardous even for the able-bodied. It offers access to what is essentially a non-site: the surrounding area at "L" is too hilly, too exposed, and too monotonous for a trail meant to be accessible to and usable by disabled persons. It can be anticipated that siting a parking 1-t and associated trail at "L" would— not be attractive to nor functional for, disabled persons, and such a configuration would be little used. S i n ce re I Nicholas J. Zirpolo Accessibility Planning and Design Specialist NJZ:cd MAY 211981 Rev. Fred A. Wilson, Senior Pastor O M O May 26, 1981 Ln V %A A0Herb A. Grench, General Manager ,G Mid-Peninsula Regional Open Space District V 375 Distel Circle, #D-1 %A Los Altos, California 94022 O Dear Mr. Grench: I want to take this opportunity to strongly protest the planned comdemnation of Novitiate property outside of the town of Los Gatos. We view this as an unwarranted intrusion on First Amend- Q %0 ment guarantees of free exercise of religion. We also view this N N as a dangerous move since it sets a precedent for use of eminent 0 r- domain to remove from church holdingsland which a civil govern- G ment feels is not necessary for their particular use. It puts V Ln the civil government in the position of deciding for the church N M what they need and what they do not need. We highly protest! 0 O There are other legal ways to secure the desired end of having O g y g Q that Novitiate property remain undeveloped. May we suggest to you that you seek other legal means other than immediate removal M of ownership and use of property from church hands to seek the %0 ends of open space, if it is determined that this would best suit r the public need. Since this involves the use of state monies, II have written to Senator Dan O'Keefe asking for action to be taken on the state level to question the validity of this particular proposition. V Sincerely yours!, J /' V Fred A. Wilson LASenior Pastor FAW:mle a CE v WRITTEN COMMUNICATION May 27 , 1981 Meeting 81-14 MID-PENIii6ULii T'iLiILSCOUi+CIL i iay 27, 1981 Midpeninsula Regional Open Space District 375 Distrel Circle Los 'hi , Ca He: iiontebello Preserve The riid-Peninsula Trails Council has been formed and is beginning to function. The general purpose of the Trails Council is to ensure an opportunity for trail using groups to cooperate with each other and the (open Space District in main- taining trails, developing new trails and participating in general trail decisions. Recently a committee from the Council met with representatives of the District and City of Palo unto regarding the parking lot for iiontebello Preserve. after con- soderable discussion and physically walking the property it was recommended by the Council Committee that the parking lot be located across from the Los Trancos lot and slightly offset to the east so the entrances would not be opposit&' each other. i=seasons for this site included good roadway sighting distances and the lot is in a. depressed area least visible from surrounding areas. It could be built with mini- mum land disturbance. It appears to be a godd location for the hiker and hiking groups. The Council dilp raise the question of horse trailer parking. Such lot should be designed to accommodate the occasional user--at least three such vehicles. The District should not rely on roadside off site parking. The shoulders are inade- quate and unsafe traffic wise and would be exposed to roadside vandalism. Our Committee also looked at group parking areas including the area known as the OK Corral and the open field area along Skyline on Preserve property about 3/4 mile south of Page dill. Both appeared satisfactory to the Committee and could be easily administered with an equestrian lock system. The Skyline area has the advantage of excellent sight distance on Skyline and being located on the lil'ontebello Preserve. This area should not rely on off-site roadside parking. It is somewhat poorly related to the trail system. The OK Corral is located on Los Titancos Preserve off site and requires riders to cross Page Mill Road. `he should advise that the crossing is not really a problem because groups provide road crossing guards with flags. It is somewhht secluded and secure and requires little improvements The Council and Committee enjoyed the field trip and the free exchange of ideas and pros and cons of the parking lot location and problems of trailer use. This letter is to acquaint the entire hoard of the District with our puppeses and thoughts and to suggest utilization of the expertise found within our Council on similar areas pf planning discussion. _�,e look forward to further field trips together. Sincerely, Nid-Peninsula Trails Council by Treasurer WRITTEN COMMUNICATION Meeting 81-14 May 27 , 1981 May 25 , 1981 Board of Directors midpeninsula Regional Open Space District 375 Dig-.tel Circle Los Altos , Ca . 94022 Dear Gentlemen : I am writing in reggrds to the proposed parking lot Location "L" on upper Page mill Road . I feel that Location "L" is the worst possible spot for a parking lot. To begin with it has extremely bad access from Page mill Ro-d . Cars traveling down Page mill are going extremely fast at th-s point and would have very poor visibility of care turning in or out of the parking lot . Most important , location "L" is visible from all the hiking areas . Nobody hiking in the hills wants to look at a parking lot ! It seems to me that there are plenty of other areas much more suitable . Please reconsider this issue . Very truly yours , ,j(m. o William C. Barkow 11384 Churton Avenue Los Altos , Ca. 94U22 WRITTEN COMMUNICATIO. Meeting 81-14 May 27, 1981 ZT. 3 a-&t -,t,,,%0,4 s co WRITTEN COMMUNICATiW Meeting 81-14 May 27 , 1981 864 Cedro Way Stanford, Ca 94305 May 25, 1981 Midpeninsula Regional Open Space District 375 Distel Circle , Suite D-1 TWOS Altos, California 94022 Dear Sirs: Re : Page Hill parking lot I am glad you told me about the April 2� meeting and that at that meeting you set up an on-site meeting on May 2. Now that I have seen the various possible sites for a parking lot , it seems quite clear which one is best. As a couple of you mentioned, the argument is "political. " It must be for the decision to propose the parking lot presented on May 2 certainly wasn 't esthetic. For a group who claims to be preserving the beauty of the hills for all of us, why would you choose that spot? It is visible for miles and from at least one home and from the road. I, and all the neighbors I have talked to, would like to see the land kept in as natural a state as possible. This site would spotlight 35 shiny cars and make them a center of attention to neighbors, hikers, and motorists. The idea of safety to people entering and leaving their cars by having the lot visible to passing motorists seems way out of proportion. I think there is a much greater danger of being hit by an approaching car while entering or leaving that parking lot than there is of someone "hiding behind a tree to attack one as they enter or leave their car. " There is not enough straight road at that spot to see far enough in both directions to safely turn in and out. Both of my objections--esthetics and safety--could be met by the Old Riding Ding site. In addition it would hold many more cars so it should satisfy those who would like more people to use the trails. It would take very little cutting to improve the existing road into the existing flat area. That entrance has muc)a better visability. The natural vegi- tation and lay of the land makes the riding ring a more secluded and natural place to park. It need only be opened on weekends during the day to handle the overflow so that patroling would be easy. I hope that you can work out your political problems, whatever they are, and go ahead with the Old Riding Ring site so twat we can all--residents, neighbors, hikers, and motorists-- enjoy our open space to the fullest. Since ely l Virginia McKim ��' WRITTEN COMMUNICATION Meeting 81-14 May 27 , 1981 MAY 2 6 1981 15300 Blackberry Hill f= Los Gatos, CA 95030 May 22, 1981 Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Attention : The Board of Directors We are concerned by the inconsistency of the Open Space District itself engaging in residential development of open space land in the Los Gatos mountain area purchased by it only last October. We are aware that the District is considering a property trade which could result in residential development of its property Assessor' s Parcel Number 537-07-008. We are owners of adjacent Parcel 537-07-009, and look directly out our windows at the District parcel in question. We are writing to state our opposition to residential development of the District' s parcel unless our interests in privacy and open space view are formally protected in the deed by covenants to run with the land. As a result of telephone conversations with Herb Grench and meetings with Craig Britton and with the potential new owners , the Sorahans, the possibility of mutually satisfactory deed covenants formalizing the stated intentions of the developer has been raised. We were advised to expect a draft copy of proposed deed restrictions on Friday, but none was received. We have reviewed paragraphs from another District deed which establish a general design review conducted by the District, but the design review procedures as described are not, by themselves, considered adequate by us to protect our interests. The attached memorandum to Craig Britton summarizes our position. A prior business commitment in the East precludes our attendance at the Board meeting this week. By this letter we are requesting the Board to give formal recognition to our interests either (a) by keeping the District parcel in open space or (b) by adopting specific design restrictions in the form of deed covenants which directly protect and guarantee our interests. Since the residents of the area will view daily the results of your decision, we appreciate your considered deliberation. Si rely, � David and Barbara Leeson May 22, 1981 Mr. Craig Britton Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Dear Craig: Thank you for the time you spent with me last Wednesday. Barbara and I have reviewed the paragraphs relating to design review by the district. Although they are a major step in the right direction, we feel that some more specific phrasing formalizing the verbal assurances we have received from the Sorahans is necessary. The attached memorandum summarizes our position. I expected to receive a further draft of proposed deed restrictions on Friday for my review, but nothing came. As I mentioned, we will be unable to attend the upcoming board meeting; accordingly, we have written a letter to the board outlining our views. A copy is attached. If the phrasing you pencilled in is developed in accordance with our memorandum, I believe a mutually satisfactory solution is possible. I continue to believe that the problem of secondary fire access will be a difficult one, and point out again the inaccuracies of the topographical overlay on the county 500' series maps. Thanks for your time and attention. Sincer ly, x_�" David B. Leeson 15300 Blackberry Hill Rd. Los Gatos, CA 95030 encl (2) To : Craig Britton From: David and Barbara Leeson Subject: Deed covenants for residential development of District parcel What we want: Privacy Open space view What has been agreed with purchaser: Mostly below ground house, roof height 6' to 8' , building dark earth tone Screening by trees to conceal house from our view Exterior lights not visible from our location Siting down ridge near wide spot, behind existing tree How this can be achieved in deed covenants: No development above 1600' altitude One story height restriction No exterior lights visible from adjacent parcel Trees to screen development from our view Requirement for dark earth tone exterior Work materials and scrap screened from our view during construction How Craig Britton proposes to write deed covenants: Design review by District to assure "that development will be harmonious with other uses in the general vicinity" Problem: How are we guaranteed that the District will insist on design which meets our needs and conforms with verbal assurances of purchaser? Solution: Add specific phrasing to the general design review paragraphs directing the District to insist on the design parameters outlined in this memorandum N R MOSELEY LIM 3830 PAGE MILL RD s LDS ALTOS HILLS CA 94022 4-0078SIS144 05/24/81 ICS IPMRNCZ CSP SFOB 4159490711 MGM TURN LOS ALTOS HILLS CA 110 05-24 0159P EST WRITTEN COMMUNICATION Meeting 81-14 May 27 , 1981 F MROSD BOARD OF DIRECTORS 375 DISTAL CIRCLE SUITE D1 LOS ALTOS CA 94022 DEAR BOARD MEMBERS AS A RESIDENT ON UPPER PAGE MILL RDA I AM HEARTILY OPPOSED TO THE "L" LOCATION OF THE PROPOSED PARKING LOT# IT IS A POOR LOCATION AND ITS PLACEMENT WOULD BE A WART ON THE LAND, THIS AREA IS PASTEURALA SCENIC AND LOVELY IN ITS NATURAL STATE, I AM GREATLY CONCERNED WITH THE SAFETY ASPECT, PAGE MILL IS A HEAVILY TRAVELED MOUTAIN ROAD, TURNS FROM THE ROAD TO THE PROPOSED PARKING A REA POSSES SERIOUS ACCIDENT POTENTIAL, A LEFT TURN AT THAT SITE WOULD BE A "KILLER" LITERALLY, SINCERELY MR AND MRS N R MOSELEY 13157 EST MGMCOMP Lo TO REPLY BY MAILGRAM, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS TO REPLY BY MAILGRAM, PHONE WESTERN UNION ANY TIME, DAY OR NIGHT: FOR YOUR LOCAL NUMBER, SEE THE WHITE PAGES OF YOUR TELEPHONE DIRECTORY OR DIAL (TOLL FREE) 800-257-2241 (EXCEPT "sN NE11J JERSEY 800-632-2271) OR DIAL WESTERN UNIOful'S INFOMASTER SYSTEM DIRECTLY: FROM TELEX . . . . . . . . . . . . . . . . . . . . 6161 FROM TWX . . . . . . . . . . . . . . . . 910 420 1212 M-81-50 IV (Meeting 81-14 oe May 27 , 1981) INW&Omw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 20 , 1981 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: S. Sessions , Land Manager, and D. Woods, Open Space Planner SUBJECT: Addendum to the Use and Management Plan for the Monte Bello Open Space Preserve Introduction: At the Regular Meeting of April 22 , 1981, the Use and Management Plan for the Monte Bello Open Space Preserve was presented for final approval (refer to report R-81-16 , dated April 17 , 1981) . Discussions and concerns centered around the trail system, demolition of structures, and the parking area. The item was continued to May 27 , 1981 to allow additional time for public involvement. A Special Board Meeting, which was widely publicized, was held on the site on Saturday, May 2 , 1981. People unable to attend were encouraged to submit their comments in writing to the Board and staff. Discussion: The Board Meeting of April 22, the field trip of May 2 , and correspondence received to date have addressed the following points : A. Parking Lot Some neighbors of the Preserve have expressed concern over the location and design of the proposed "L" lot. They feel that access to and from the site would not be safe, that the visual impact from Monte Bello Ridge could be considered worse than all other locations, and that landscaping along the east side would not be sufficient to minimize this visual impact. An adjacent property owner has suggested a new location, re- ferred to as Fl, which would be across from the existing Los Trancos Open Space Preserve parking lot. He feels that there would be much less of a visual impact and that access problems could be resolved. At least four individuals representing the equestrian en- thusiasts would like a provision for horse trailer parking either in lot "L" or elsewhere "on the site" . _J M-81-50 Page two B. Trail System Equestrians wish to have access to the portion of Stevens Creek Nature Trail which is currently proposed for hiking only. An alternative parallel route providing a loop oppor- tunity would be acceptable. The proposed Geology Trail should perhaps not be constructed if it would only serve a special interest. It was also suggested that it not be built because the proposed location is in a sensitive area. Provisions should be made to include a connecting trail from Canyon Trail to the docent trail located at the northeastern portion of the Preserve. C. Structure Removal Some neighbors indicated their dissatisfaction with the Board' s decision to remove the concrete cistern and spring box located above the sag pond. They felt that the area would be greatly disturbed and that the impounded water was a valuable resource. Another open concrete cistern on the hill behind the spring box was identified and recommended to be removed. It was confirmed that the large round cistern located near Page Mill should be secured as soon as possible as it presently con- tains water. A large concrete pad with reinforcement bars projecting upward was found near the old ranch buildings and considered dangerous . The freestanding fireplace was determined to be unstable. The significance of the fireplace crack, as it may relate to the 1906 earthquake, was questioned. A Palo Alto planner stated that there were many such structures in the city and they were not considered historically significant. Use and Management Recommendations Staff suggests the following use and management recommendations based on recent public participation and further field investigation. A. Parking Lot There have been exhaustive studies done over the past two years in an attempt to resolve the problem of the parking lot. It appears that there is an agreement among many neighbors that a lot should not be constructed at all . This is not considered a feasible alternative in light of the fact that the existing Los Trancos lot is overflowing on weekends (as indicated by District patrol logs) , and the 3000 acre Monte Bello Preserve has yet to be exposed to the public. The proposed location F 1 has serious access problems which, in staff' s opinion, cannot be mitigated. If the entrance were across from the existing driveway, there would be dangerous cross traffic. Locating the entrance across from the Los Trancos service gate would not provide sufficient line of sight for ingress and egress . M-81-50 Page three Staff supports the recommendation to construct the lot at site "L" because it does meet the primary criteria satis- factorily in that it has a good relationship to the Preserve and its trails , visibility for surveillance, a minimum re- quirement for grading, safe access , and provides safe access to the site for the physically limited. The visual impact from Monte Bello Ridge can be reduced through appropriate landscaping on the east side of the lot. The proposed parking lot "L" is in the final design stages. To date, a boundary survey, topographic survey, geological report, grading plan, and preliminary design have been pre- pared, at the cost of $3700 , not including staff time . If approved, the project would be submitted to San Mateo County Planning Department for administrative approval and to the State Department of Parks and Recreation for funding approval. It should be noted that in addition to outside services, approximately 1200 staff hours (not including Palo Alto or San Mateo County staff) have been spent developing this use and management plan. Most of this time has been devoted to the design of two parking lots - sites "G" and "L" . If the District were to pursue a third location, it would most likely involve an additional year for planning and approvals . This procedure would involve an unrealistic time demand on staff, considering the workload scheduled for fiscal year 1981-82 . It is suggested that if a new location is sought, the District contract for the planning, design, and development of the parking lot. Additional funds would undoubtedly have to come from the land acquisition budget or by deferring some main- tenance items. Parking for horse trailers has not been recommended along Page Mill Road because equestrians who participated in the planning workshops felt the turnout along Skyline Boulevard would be sufficient. A large surface area is required to accommodate horse trailers and is therefore not included in the already confining area of proposed lot "L" . It is suggested that the flat area where the old barns were located could be used by equestrians on a permit basis . B. Trail System A provision should be included for a connecting trail from Canyon Trail to the northeast portion of the Preserve . Con- struction is not recommended at this time, but staff and docents are currently working on establishing the trail alignment. The portion of Stevens Creek Nature Trail which connects from Stevens Creek to the Page Mill Road area is not being recom- mended for equestrian use. The area is heavily wooded with deep creek crossings, and the slopes are highly unstable . An alternate route should be investigated to align an eques- trian trail up the northwest ridge and then back towards the proposed parking lot. M-81-50 Page four Hiking and equestrian stiles and traffic signs should be placed on Page Mill Road at Canyon Trail to accommodate users crossing over to the Los Trancos Open Space Preserve. The proposed Geology Trail is considered an integral part of the trail system. It offers an opportunity to view geologic features not available on the Los Trancos Preserve and, at the same time, provides access to a beautiful part of the Preserve. In addition, access would offer educational benefits to numerous educational programs in the Bay area. Geologic features would be identified in the site brochure. C. Demolition of Structures The cistern and spring box located above the sag pond have been the subject of great controversy. The main concerns are the possible degradation of the spring, disturbance of the surrounding area, and elimination of water storage capabilities. Staff still recommends the removal of these structures and the one located above the spring box on the grassy hillside. It is the intention, as it is with all District lands, to return lands to their natural landscape when feasible and to minimize liabilities and long term management burdens . Geologists and a soils engineer have verified that the water source and the surrounding area would not be endangered. Water will continue to be stored in the sag pond. Future water development for grazing purposes and equestrian use would be accommodated along the natural water courses leading from the sag pond. The recommendation for the round cistern near Page Mill Road remains the same. The cistern should be secured and screened with appropriate landscaping. The large round concrete pad with exposed reinforcement bar should have the bar removed. The fireplace and cabin should also be removed. They appear to have no historical significance. It is also recommended to proceed with a general clean up of the area around the cabin and cistern to remove trash and debris, including concrete,to the extent permitted by funds remaining after the demolition. Recommendation: It is recommended that you adopt the use and management recommendations contained in the initial use and management report (report R-81-16 , dated April 17 , 1981) , as well as subsequent changes contained in this addendum. R-81-22 (Meeting81-14 ® May 27 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT May 27, 1981 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, and M. Gundert, Associate Open Space Planner SUBJECT: Proposed Addition to Manzanita Ridge Open Space Preserve with Land Exchange - Sorahan Property Introduction: On November 12, 1980 you approved a purchase contract for the former Duffy-Barnes property (see report R-80-62, dated November 5, 1980) . At that time, the property was withheld from dedication "to allow for the possibility of transfer of property rights, either fee or easement. These property rights could include: density transfer, retention of open space easements, or theoretically, disposal of a major portion of the property. " The District has been offered the opportunity to exchange this 44 acre parcel (while re- taining an open space easement over approximately 30 acres - see attached map) for two separate parcels totaling 37 acres located in a more critical open space area. Both the District parcel and the exchange parcels are located in an unincorporated area south of the Town of Los Gatos. Following is a description of the parcels the District would receive as a part of this transaction. For a descrip- tion of the District parcel being released, please refer to the above mentioned report. A. Description of the Site 1. Location and Boundaries These unincorporated parcels are located within the sphere of influence of the Town of Los Gatos, and located east of Lexington Reservoir and south of the town limits. They are bounded by private property to the north, San Jose Water Works land to the south, and Santa Clara Valley Water District property to the west (currently operated by Santa Clara County Parks as a part of the Lexington Reservoir Recreation Area) . The Limekiln Canyon Area of Manzanita Ridge Open Space Preserve borders the property to the east (see attached map) . 2. Topography and Natural Resources The property is located on a ridge southerly of Limekiln Canyon and resembles the existing portions of the preserve R-81-22 Page 2 in that it consists principally of chaparral . Elevations on the primarily north-facing slopes range from 1360 to 1680 feet. Some rock outcroppings are located on the ridge- top areas of the property. B. Current Use and Development Currently located on the property is a P.G. & E. dirt service road and a steep trail which is identified on the County Trails Plan. The service road is maintained by P.G. & E. and gated where it joins Alma Bridge Road. The Sorahan property currently has legal access rights through the Water District land; however, staff would seek formal public access rights from the Water District to cross its land with a public pedestrian and equestrian trail. An unused cistern is located on the property. The cistern is partially filled with debris and is located alongside the trail. Staff is recommending immediate filling and topping off with dirt to mitigate the hazard and improve the appearance at the estimated cost of $250. 00. C. Planning Considerations The entire property is located within an unincorporated area of Santa Clara County and the sphere of influence of the Town of Los Gatos. The land is zoned for agricultural use (A-20S) , and this acquisition has been found to be in conformity with the General Plan of Santa Clara County and the Town of Los Gatos. D. Relationship to Regional Trails The Master Trails and Pathways Plan for Santa Clara County shows a trails system in a series of loops connecting Lexington Reser- voir with Mt. Umunhum, Mt. Thayer, and Mt. El Sombroso. A proposed trail within this system traverses the property following the alignment of the existing trail. E. Potential Use and Management . It is recommended that this site be managed as a natural area with existing trails and pathways open to hikers and equestrians who enter from adjacent District land or who can obtain permission to enter from the surrounding property owners. F. Use and Management Recommendations 1. The site should be open to hikers and equestrians gaining access via the P.G. & E. service road with permission of the adjacent private property owners or from adjacent District property. 2. Preserve boundary markers should be installed where appropriate . R-81-22 Page 3 3. A formal right to pass on the service road across the Santa Clara Valley Water District' s land to the west should be sought to provide for future trail use by the public. G. Name It is recommended that this site become an addition to the Manzanita Ridge Open Space Preserve, Limekiln Canyon Area. H. Dedication It is recommended that this property be withheld from dedication at this time to allow for flexibility in planning the trail system for the area and to allow for the possibility of transfer of property rights, either fee or easement. The District property proposed for trade is undedicated. I. Terms The parcels being offered the District comprise 37 acres and are two legal building sites (although access would be expensive to develop) . The District-owned property being considered for release contains 44 acres and is one legal building site, with superior access. The District would restrict the former Duffy- Barnes parcel to one 44 acre building site in perpetuity ( regardless of zoning) and would retain a conservation easement over the southerly two-thirds of the property (approximately 30 of the 44 acres) , as well as retaining design review rights over any proposed development. it is staff' s opinion that the even exchange proposed represents equal value, given the restrictive access, utilities availability, and developability of the parcels concerned (including the restrictions imposed by the District) . The Sorahans currently have advantageous private financing on the parcels being acquired by the District ( $60, 000 at 10% for 8 years) . The attached agreement therefore provides for identical financing on the parcel being released by the District, so that the Sorahan' s payments will cover the District' s payments, eliminating any out- of-pocket expenses the District may incur in retiring these notes. It is significant that this transaction would preserve an additional 33 acres of land and eliminate one additional building site in this area, without additional cost to the District, especially when tighter budget times are ahead, and the District is already some $2, 000, 000 overspent in the New Lands Commitment budget category. Recommendation: It is recommended that you adopt the proposed Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of an Agreement to Exchange Interest in Real Property, Authorizing Officer to Execute a Grant Deed to the Property Being Released, 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. (Manzanita Ridge Open Space Preserve - Sorahan Property) . R-81-22 Page 4 In addition, it is recommended that you adopt the interim use and management recommendations contained within this report, withhold the property from dedication, and adopt Manzanita Ridge Open Space Preserve - Limekiln Canyon Area as the unofficial name of the site. RESOLUTION NO. 81-31 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AGREEMENT TO EXCHANGE INTEREST IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE A GRANT DEED FOR THE PROPERTY BEING RELEASED, 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 THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE - SORAHAN 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 the attached Agreement to Exchange Interests in Real Property between Dennis Sorahan, et ux and the Midpeninsula Regional Open Space District dated May 22, 1981, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance to the deed conveying title to the property being acquired by the District. Section Three. The President of the Board or other appropriate officer is authorized to execute the Deed granting to Sorahan the property being conveyed by the District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance to Sorahan. The General Manager further is authorized to execute any and all other docu- ments 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 $2,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Six. The Board of Directors finds that the granting and releasing of this property is in accordance with the Basic Policy of the District and is not detrimental to the open space character of the Manzanita Ridge Open Space Preserve. * * * * * * * * * * * * * * * * * * * sereao 'f.•:y.9 1.8 s _ , , �� E)W_ C - Site Map (USGS) �I9slosWY ML 2� 6�.$ dy Oq ZM41Q* Elm OO 3.3 ` j• �i ,, ;,.1 mn "" 1 i j• .. �- PROPOSED ADDITION TO to "V. r10, •. , � •=E6atos ..1; �;,_�:.•`.. MANZANITA RIDGE rs °'°•'°'"'" , '. _ OPEN SPACE PRESERVE -'F Al - 20001North LI ftN .Adtrcroft • 1 _ _ �Ai Lam' Cn.neketa Park Moran_r�w" `�- � r-L �, , i♦ ReQwoo� O". Santa f i 1 (Lex] ., ; Uti � rctw.av 6.3 762�Y ./,•_�`-�1!_.-+ _ Rde4 j _ It ` 32 st - °� — >c z Ni r ♦ -_J� •� �� I �---- 8� ��� ���.._�� ��?��1��,`�i __ ��ter' t�_� /,�-- 1498Q ; �`� :-,ai�- n/'1� (.-��----�i�.Jl,�ifo��/'\�♦ �/!'���.« r r'i�1" Y',. AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY THIS AGREEMENT is made and entered into the day of , 1981, by and between DENNIS SORAHAN and CAR6I,YN SORAHAN, his wife, hereinafter referred to as "SORAHAN" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter referred to as "DISTRICT. " W I T N E S S E T H: WHEREAS, DISTRICT is the owner of Santa Clara County Assessor' s Parcel No. 537-007-008, being more particularly described in Exhibit "A" , as attached hereto and by this reference made a part hereof, and WHEREAS, SORAHAN is the owner of Santa Clara County Assessor' s Parcel Nos. 558-035-006 and 558-035-007 , being more particularly described in Exhibit "B" , as attached hereto and by this reference made a part of hereof, and WHEREAS, all of said lands are shown and identified on the map labeled Exhibit "C" , as attached hereto and by this reference made a part hereof, and WHEREAS, SORAHAN desires to exchange and convey all of their right, title and interest in and to the lands described in said Exhibit "B" to DISTRICT, and WHEREAS, DISTRICT desires to exchange and convey the land described in said Exhibit "A" to SORAHAN, subject to certain covenants , conditions and restrictions as described in Exhibit "D" , as attached hereto and by this reference made a part hereof. NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS : 1. PROPERTY INTERESTS TO BE CONVEYED BY DISTRICT. A. LA14DS DE:,SCRIBED DISTRICT agrees to grant and convey to SORAHAN, and SORAHAN agrees to receive and accept title from DISTRICT, all of DISTRICT' s land, commonly known as Santa Clara County Assessor' s Parcel No. 537-007-008 , being more particularly in said Exhibit "A" , subject to the convenants, conditions and restrictions which are described in said Exhibit "D" . AGREEMENT TO EXCHAN INTERESTS Page 2 B. TITLE AND POSSESSION. Title and possession of lands described in said Exhibit "A" and the interests therein shall be conveyed and exchanged to SORAHAN at the close of escrow, free and clear of all leins, encumbrances, ease- ments, assessments, leases (recorded or unrecorded) , restrictions, rights, covenants and conditions of record, except: 1) Current Taxes. This property has no delinquent taxes and is currently tax exempt; any and all taxes that may be assessed after close of escrow shall be the responsi- bility of SORAHAN. 2) Rights of the public, public utility entities , and ad- joining land owners in and to any established and existing roads traversing the herein described property. 3) Any unrecorded outstanding water agreements by and between adjoining land owners. 4) Terms, covenants and conditions contained in that certain agreement entered into by and between Patricia L. Popp and Henry M. Rood, et ux, recorded May 29, 1957 in Book 3809 of Official Records at Page 341, Santa Clara County Records. 5) Covenants contained in those certain instruments recorded June 7 , 1957, Book 3815 of official Records at Pages 109, 110 and 112 of Santa Clara County Records. 6) Terms, covenants, conditions and restrictions contained in the Deed to Jefferson C. Stephens , et ux, recorded June 10, 1957 in Book 3816 of official Records at Page 293, Santa Clara County Records. 7) Any facts that a current survey on the ground would reflect. 8) Covenants, conditions and restrictions that are to be excepted, reserved and retained by DISTRICT as provided in said Exhibit "D" . 9) A new note, secured by a First Deed of Trust (subject to subordination by DISTRICT 10 a construction loan obtained by SORAHAN)evidencing an obligation of SORAHAN to DISTRICT in the principle amount of $60, 000, fully amortized over 8 years, together with interest at 10%, payable in monthly installments of $910 . 46 , or more, until paid; fully due and payable upon sale, transfer, or further alienation of said lands, except for a construction loan, as abovementioned, but in accordance with the terms and conditions of clause 2C herein. AGREEMENT TO EXCHAN INTERESTS Page 3 2. PROPERTY INTERESTS TO BE CONVEYED BY SORAHAN. A. LANDS DESCRIBED SORAHAN agrees to convey all right, title and interest to DISTRICT, and DISTRICT agrees to accept and receive title from SORAHAN , all that real property commonly known as Santa Clara County Assessor' s Parcel Nos. 558-35-006 and -007, being more particularly described in said Exhibit "B" , together with any and all easements, rights of way, and any other rights of use which may be appurtenant or attributable to said lands. B. TITLE AND POSSESSION. Title and possession of the lands described in said Exhibit "B" and the interests therein shall be conveyed and exchanged to DISTRICT at the close of escrow, free and clear of all liens, encumbrances, ease- ments, assessments, leases (recorded or unrecorded) , restrictions, rights covenants, and conditions of record except: 1) Any and all taxes for the fiscal year in which escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. 2) An easement for the transmission of electric energy and for communication purposes , together with a right of way in favor of Pacific Gas & Electric Company as recorded on September 12, 1967 in Book 7853 at Page 174 Official Records of Santa Clara County. 3) That certain note secured by a First Deed of Trust, as yet unrecorded, affecting parcel one as described in said Exhibit "B" , by and between W. G. Jeffries, et ux, as beneficiary and SORAHAN as trustor, in the principle amount of $22, 000 fully amortized over a period of eight (8) years, together with interest on the unpaid balance at 100, payable in monthly installments of $333. 84 , or more, until fully paid. 4) That certain note secured by a First Deed of Trust, as yet unrecorded, affecting parcel two as described in said Exhibit "B" , by and between A. Wendell Thoren, et ux, as beneficiary and SORAHAN as trustor, in the principle amount of $38, 000, fully amortized over a period of 8 (8) years, together with interest at 10%, payable in monthly installments of $576. 62, or more, until fully paid. C. NOTE PAYMENTS. SORAHAN understands that DISTRICT is taking title to the lands described in Exhibit "B" subject to the existing Notes and Trust Deeds, as mentioned in Clause 2 .B. 3) and 2.B. 4) hereinabove , and DISTRICT depends upon prompt payment by SORAHAN of the Note and Trust Deed in favor of DISTRICT as mentioned in Clause 1,B. 9) herein , encumbering the lands described in Exhibit "A" , and SORAHAN agrees to make all required payments on or before the first day of each AGREEMENT TO EXCHAT INTERESTS Page 4 month within which due, but in no event later than the 5th day of said month; in the event a payment is postmarked after the 5th day of the month within which due, SORAHAN agrees to pay and include a 5% late penalty ($45. 52) with the next regular pay- ment, and further SORAHAN agrees to such a stipulation in the recorded Deed of Trust; SORAHAN further agrees to pay any and all other costs that might be incurred in any partial or full reconveyance for any or all of said Trust Deeds, for whatever reason. 3. COSTS. SORAHAN and DISTRICT shall divide and share equally all escrow, recording and customary title insurance charges and fees incurred in this transaction. SORAHAN shall be responsible for and pay all costs of any reconveyance of Deed of Trust, full release of mortgage or any other fees or costs for legal or other services incurred in connection with the delivery of marketable title to DISTRICT of the interests being conveyed hereby. 4. COMMISSIONS. DISTRICT shall have no obligation to pay any real estate agent' s commission or other related costs or fees in connection with this transaction. 5. LEASES OR OCCUPANCY OF PREMISES. SORAHAN warrants that there are no oral or written leases or rental agreements affecting all or any portion of the property being conveyed to DISTRICT or any person lawfully occupying the property and SORAHAN further warrants and agrees to hold DISTRICT free and harmless and to reimburse costs for legal services, occasioned by reason of any such lease, rental agreement of occupancy of the property (including, but not limited to, relocation payments and expenses provided for in Section 7270, et seq. of the California Government Code. ) 6 . ACCEPTANCE AND TERMS OF ESCROW. DISTRICT shall have thirty (30) days from the date of the execution hereof by SORAHAN to accept and execute this agreement, and during said period this instrument shall constitute an irrevocable offer by SORAHAN to sell, convey, and ex- change 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 SORAHAN acknow- ledges receipt of the sum of ten ($10. 00) dollars. In the event -, DISTRICT does not deliver to SORAHAN a signed copy of this agreement within said thirty (30) day period, this agreement shall be automat- ically terminated and of no further force and effect. This transaction shall close within thirty (30) days after this contract is accepted by the Board of Directors of the Midpeninsula Regional Open Space District. This transaction shall be completed through an escrow conducted by First American Title Guaranty Company, 175 North First St. , San Jose, California 95112 , or such other escrow agent as may be agreeable to the parties. 7. CONDITIONS. As a condition precedent, the conclusion of this agree- ment and the completion of escrow shall be contingent upon SORAHAN obtaining preliminary verification as to the sufficiency and legality of a building site on the property being conveyed by DISTRICT, as described in Exhibit "A" , from the County of Santa Clara, whether by means of a certificate of compliance or other appropriate means. AGREEMENT TO EXCHAN INTERESTS Page 5 8. The provisions hereof shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN SORAHAN: SPACE DISTRICT: APPROVED AS TO FORM: Stanley Norton, District Counsel Dennis Sorahan Dated: ACCEPTED FOR RECOMMENDATION: L. Craig Britton, SR/WA Carolyn Sorahan Land Acquisition Manager Dated: RECOMMENDED FOR APPROVAL: Herbert Grench General Manager APPROVED AND ACCEPTED: by: Richard Bishop, President, Board of Directors Dated: ATTEST: Clerk of the Board EXHIBIT A Page 1 of 5 Real property situated in the County of Santa Clara, State of California, described as follows: PARCEL ONE All of Lot 15, Section 27, T. 8 S. R. 1 W. M.D.M. more particularly described as follows: Beginning at a 1 1/2 inch iron pipe set at the common corner to Lots 9-10-15-16, Section 27, T. 8 S. , R. 1 W. , M.D.M.; thence S. 2° 34' 34" W. 1386.63 feet along the line between Lots 15-16, to a 1 1/2 inch iron pipe set at the corner to Lots 15-16 and the Section line between Section 27 and 34, T. 8 S. R. 1 W., M.D.M. ,; thence S. 88' 59' 52" W., 1385.82 feet along said Section line to the 1/4 Section corner tree found; thence N. 3° 08' 44" E. , 1424.28 feet to a 1 1/2 inch iron pipe set at the corner to Lcts 10-11-14-15; thence S. 89° 28' 13" E., 1369.84 feet to the place of beginning. Containing 44.386 acres, more or less, as surveyed in August 1963 by Thomas Riley, Land Surveyor. PARCEL TWO A non-exclusive right-of-way 50 feet wide, across portions of lots 9 and 16, Section 27, T. 8 S. R. 1 W. M.D.M. for ingress, egress and utility and waterlines, both underground and overhead, the centerline of which is described as follows: Beginning at a 1 inch iron pipe in the West line of that certain 5 acre parcel of land granted by deed from Robert J. Pouey to Frederick Koetter, et ux, recorded August 29, 1957 in Book 3879 of Official .Records, at page 241, which pipe is N. 89' 28' 13" W. 702.11 feet and N. 1° 58' 30" E. 403.53 feet from the Southeast corner of Lot 9, Section 27, T. 8 S. R. 1 W. , M.D.M.; thence across Lot 9, S. 70° 19' 25" W. , 69.72 feet to a 1 inch iron pipe; thence S. 37° 50' 00" W. 187.17 feet to a 1 inch iron pipe; thence S. 42° 27' 20" W. 125.96 feet to a 1 inch iron pipe; thence S. 30° 01' 10" W. 157.08 feet to a point on the line between Lots 9-16; thence across Lot 16 S. 30' 01' 10" W. 259.68 feet to a 1 inch iron pipe; thence S. 71° 56' 55" W. 213.83 feet to a I inch iron pipe; thence S. 85° 06' 35" W. 17.70 feet to a 1 inch iron pipe on the line between Lots 16-15. The sidelines of said right-of-way to be extended or shortened to intersect the Eastline of said Lot 15. Subject however, to the right of the owner of land adjacent to the parcel hereinafter referred to as "Parcel Three" to re-route the aforesaid right of way over his lands and over the said "Parcel Three" so long as such re-routing does not interfere with the production and delivery of water from the said "Parcel Three". PARCEL THREE An undivided 30% interest in and to the following described real property situated in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the Southeast corner of Lot 9, Section 27, T. 8 S. R I W. , M.D.M; thence N. 89' 28' 13" W. 702.11 feet to a 1 inch iron pipe set at the Southwesterly MXMINT Pagel __. t EXHIBIT A Page 2 of 5 corner of that certain parcel of land granted by deed from Robert J. Pouey to Frederick Koetter, etux recorded August 29, 1957 in Book 3879 of Official Records, at page 241, and the true place of beginning; thence N. 1° 58' 30" E. 200.00 feet along the Westerly line of Koetter to a 1 inch iron pipe; thence N. 89' 28' 13" W. 140.00 feet; thence in a direct line Southwesterly to a point which bears S. 89° 28' 13" E. 260.00 feet from the point of beginning; thence S. 89° 28' 13" E. 260.00 feet to the place of beginning. Containing 0.913 acres, more or less. Parcel #3 is granted with the express limitation that all water rights accruing to grantee hereunder shall be used exclusively for the benefit of Parcel One hereinabove described. And subject further to the express condition and requirement that at such time as any other owner of an undivided interest in this parcel secures a building site approval for land which water from this parcel is designated to benefit, which said building site approval is contingent upon securing an adequate source of water, then upon demand from such other owner, granted herein or his successors shall be required to share the costs of improving the well upon this parcel to the extent required for satisfying the said contingency for securing an adequate source of water; such cost to be borne by grantee herein or his successors in proportion to his interest in this parcel. Any violation of the foregoing conditions or limitations shall cause the interest of grantee or his successors in this parcel to terminate and to immediately vest in the other then owners of undivided interests in this parcel pro-rata in proportion to the undivided interests of such other owner; provided, however, that this provision shall not remain in effect after August 15, 1978. PARCEL FOUR A non-exclusive right-of-way 20 feet wide, for ingress and egress and utility and water lines, both underground and overhead, the East side line of which is described as follows: Beginning at a 1 inch iron pipe at the Northeast corner of the above described Parcel Three; thence N. 1° 58' 30" E. 222.93 feet along the West line of Koetter to a 1 inch iron pipe at the centerline of a 50 foot right-of-way. Together with these certain easements contained in the Deed from Earl C. Popp and Helen A. Popp, his wife, to William D. Crawford and Beverly H. Crawford, his wife, dated April 23, 1957 and recorded May 14, 1957 in Book 3797 of Official Records, page 674, Recorder's File No. 1339293, as follows: (A) A non-exclusive right of way for the purpose of ingress and egress, for the instal- lation and maintenance of public utilities, over a strip of land 30 feet wide, the center line of which is described as follows: Beginning at a point in the West most boundary line of that certain 5.50 acre tract of land described in the Deed from Earl C. Popp, et ux, to the United States of America, dated December 22, 1954, recorded February 8, 1955 in Book 3080 of Official Records, page 399, Santa Clara County Records; said point of beginning being North 71.06 feet EXHIBIT A Page 3 of 5 from the Southwest corner of the said 5.50 acre tract; thence from said POINT OF BEGINNING North 63' 27' West 64.78 feet; South 66' 20, West 141.63 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING North 79* 23' West 225.76 feet; North 61* 49' West, 124.10 feet; North 86* 35' West 269.21 feet; North 0* 56' West 86.38 feet; North 380 241 East 92.37 feet; South 82* 25' East 229.47 feet; South 69* 52' East 100.76 feet; North 22* 57' East 122.50 feet; North 0' 50' West 103.75 feet; North 23* 17 ' West 170.28 feet; North 62* 17' West 57.81 feet; North 68* 431 West 56.51 feet; North 840 07' West 51.17 feet; North 70* 29' West 62.76 feet; South 83' West 30.99 feet; North 70* 31' West 39.30 feet; North 57* 06' West 48.24 feet; North 38* 09' West 54.62 feet; North 23* 18' West 104.15 feet and North 35' 381 West 98.51 feet to the point of said approximate center line of Blackberry Hill Road with the approximate centerline of a road known as Mireval Road (formerly known as Old McBride Road) , thence running along the said approximate center line of Mireval Road North 63* West 82.82 feet and North 740 421 West 133.50 feet, more or less to the Westerly line of the parcel of land described as Parcel No. I in the Deed from Abbie M. Coykendall, also known as Abgie M. Coykendall to Lillian Morris, dated November 24, 1937 and recorded December 18, 1937 in Book 854 of Official Records, page 346. (B) A right-of-way for the purpose of ingress and egress and for the installation and maintenance of public utilities over a strip of land 50 feet wide, the TRUE POINT OF BEGINNING of said right-of-way being located in the approximate center of Blackberry Hill Road and said BEGINNING POINT being located by measuring from a point in the West most boundary line of that certain 5.50 acre tract of land described in the Deed from Earl C. Popp, et ux, to the United States of America, dated December 22, 1954, recorded February 8, 1955 in Book 3080 of Official Records, page 399, Santa Clara County Records; said point being North 71.06 feet from the Southwest corner of said 5.50 acre tract; thence measuring from said point 64.78 feet North 63' 27' West; thence measuring 141.63 feet South 66* 20' West to said BEGINNING POINT; thence Southeasterly from said POINT OF BEGINNING, following a meandering course along the existing Road to Popp's water tank but passing Northerly of said water tank following the meandering course of the newly bulldozed road, and crossing the North fork of LimeKiln Creek near a large rock formation; thence continuing to follow the newly bulldozed road Southeasterly up the bill, and switching back first Northwesterly and then again Southeasterly to a point on the South boundary of said Popp's lands. (C) Also together with a right-of-way for ingress and egress and the installation and maintenance of public utilities over that portion of the existing Blackberry Hill Road. (D) Also together with and appurtenant to the premises hereinabove firstly described, a non-exclusive right of way for ingress and egress and for the installation and main- tenance of public utilities over a strip of land 30 feet wide, the center line of which is described as follows: Beginning at a 3/4 inch pipe set on the South line of that certain tract of land conveyed by Earl C. Popp, et ux, to Effie Walton, as recorded in Volume 1726 of official Records, page 336, at the most Easterly corner of that certain 1.392 acre tract of land described in that certain Deed of Trust executed by Glen Goodwin, et ux, and dated October 15, 1953 and recorded October 23, 1953 in Book 2745 of Official Records, page 225, said POINT OF BEGINNING also being the Northwesterly corner of the tract of land hereinabove firstly described; thence along the Westerly line of said tract of land hereinabove firstly described; .�. EXHIBIT A Page 4 of 5 thence along the Westerly line of said tract of land hereinabove firstly described the following courses and distances: S. 42* 33' E. 68.02 feet, S. 27* 28' E. 37.04 feet, S. 220 02' E. 72.13 feet, S. 7* 54' E. 94.79 feet, and S. 14* 25' W. 153.84 feet to an iron pipe. (E) An easement for electrical transmission purposes from Blackberry Hill Road South to an existing electrical power pole that is West of the west line of that certain 5.50 acre parcel of the United States of America; together with the right to use, upon approval by P.G. & E. , and attached to for electrical transmission purposes the existing power line on said pole Also those certain 50 foot easements reserved in the Deed from William D. Crawford, et ux, to Patricia L. Popp, a single woman, dated April 25, 1957 and recorded May 14, 1957 in Book 3797 of Official Records, page 683, conveying 9.47 acre tract above excepted, as follows: RESERVING TO THE GRANTORS an unobstructed fifty foot easement for ingress and egress and for the installation and maintenance of public utilities over the course of the existing road passing on and over a portion of the 9.47 acre parcel in Lot 9, Section 27, Township 8 South, Range I West, M.D.B. & M. , ALSO RESERVING TO THE GRANTOR an unobstructed fifty foot easement for a road not yet constructed for ingress and egress and for the installation and maintenance of public utilities over the following described course: Beginning at a point in the existing road passing on and over a portion of (9.47 acre parcel in Lot 9 in Section 27, Township 8 South, Range 1 West); said parcel running thence to the Easterly boundary line. The exact description of said right of way shall be located with the consent of the grantee, her heirs and assigns. Also those certain 50 foot easements reserved in the Deed from William D. Crawford, et, ux, to Robert J. Pouey, dated April 23, 1957 and recorded May 14, 1957 in Book 3797 of Official Records, page 685, conveying 5.00 acre tract above excepted as follows: RESERVING TO THE GRANTOR an unobstructed fifty foot easement for ingress and egress and for the installation and maintenance of public utilities over the existing road C> over a portion of the 5.00 acre parcel in Lot 9 Section 27, Township 8 South, Range I West, M.D.B. & M. ALSO RESERVING TO THE GRANTOR an unobstructed fifty foot easement for ingress and egress and for the installation and maintenance of public utilities for a road not yet constructed over a portion of the 5 acre parcel in Lot 9, Section 27, Township 8 South, Range 1 West, M.D.B. & If. , from the Westerly boundary line of said parcel to the Easterly boundary line. (WE NOTE BUT DO NIT INSURE THE FOLLOWING) (F) A right of way 10 feet wide over parcel of land conveyed by Henry E. McBride and Georgia M. McBride, his wife, to Dr. F.A.A. Belinge, by Deed dated June 25, 1885 and recorded June 25, 1885 in Vol. 79 of Deeds, page 526. (G) A right of way for road purposes over a portion of the Davis and Cowell Tract, more particularly described in a certain Deed from Isaac E. Davis and Henry Cowell to A. Richardson, dated October 22, 1886 and recorded April 25, 1889 in Vol. 117 of Deeds, page 36, records of said County. pfg EXHIBIT A Page 5 of 5 (H) A right of way over lands now or formerly of Kate Wright in Lot 3, of Section 22, Township 8 South Range 1 West, M.D.B. & M., being the same right of way conveyed by Charles S. Wright and Kate Wright, his wife, to G. W. Fletcher, by Deed dated October 4, 1892 and recorded October 6, 1892 in Vol. 153 of Deeds, page 12. (I) A right of way reserved in the Deed from F. M. Myers and Edith 0. Myers, his wife, to Mary E. Ringrose and James Ringrose, dated December 30, 1925 and recorded January 7, 1926 in Vol. 208 of Official Records, page 183. EXHIBIT B Page 1 of 1 PARCEL ONE Real property situated in the County of Santa Clara, State of California, described as follows: Westerly 1/3 of Lot 8 of Section 33, Township 8 South, Range 1 West, Mount Diablo Base and Meridian, according to the official plat of the survey of said lands on file in the office of the Bureau of Land Management, approved April 17, 1882. Said parcel contains 12 acres, more or less. PARCEL TWO Real property situated in the County of Santa Clara, State of California, described as follows; Easterly 2/3 of Lot 8 of Section 33, Township 8 South, Range 1 West, Mount Diablo Base and Meridian, according to the official plat of the survey of said lands on file in the office of the Bureau of Land Management, approved April 17, 1882. Said parcel contains 25 acres, more or less. f C / GRANT OF RESTRICTIONS AND OPEN-SPACE EASEMENT WITH COVENANTS WHEREAS, THE MIDPENINSULA REGIO14AL OPEN SPACE DISTRICT, A Public District, hereinafter referred to as "DISTRICT" and DENNIS SORAHAN and CAROLYN SORAHAN, his wife, hereinafter referred to as "GRANTOR" , have heretofore entered into an Agreement to Exchange Interests in Real Property, dated _ , 1981, and WHEREAS, pursuant to which agreement, DISTRICT agrees to convey DISTRICT' S property described in Exhibit "A", as attached hereto and incorporated herein by this reference, to SORAHAN and WHEREAS, also pursuant to which agreement, GRANTOR agrees to convey GRANTOR' s property described in Exhibit "B", as attached hereto and incorporated herein by this reference, to DISTRICT, and WHEREAS, GRANTOR agrees to restrict the land described in Exhibit "A" as to architectural design and subdivision potential as set forth herein, and WHEREAS, it is now the desire and intention of DISTRICT and GRANTOR that the lands described in Exhibit "A" be made subject to certain limitions, restrictions and convenants for the benefit of DISTRICT, its successors and assigns and the land described in Exhibit "B", and WHEREAS, GRANTOR further agrees to grant to DISTRICT an open-space easement on, upon, over, across and under the Southerly two-thirds of parcel one of the real property described in said Exhibit "A" (hereinafter "SUBJECT AREA") , pursuant to Chapter 6. 6 (commencing with Section 51070) of part 1, Division 1, Title 5 of the Government Code, and i WHEREAS GRANTOR and DISTRICT recognize the scenic, aesthetic and special character of the region in which their respective properties are located, and have the common purpose of conserving the natural values of their respective properties by the conveyance of an open-space ease- ment on, over, and across the SUBJECT AREA which shall conserve and pro- tect the animal, marine, bird and plant population and prevent the use or development of the SUBJECT AREA for any purpose or in any manner which would conflict with the maintenance of the SUBJECT AREA in its natural, scenic, open and wooded condition. WHEREAS, it is also now the desire and intention of DISTRICT and GRANTOR that the southerly two-thirds portion of parcel one of the lands described in Exhibit "A" (SUBJECT AREA) be made subject to open space and conservation restrictions for the benefit of DISTRICT, its successors and assigns, and the land described in Exhibit "B" . NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged: E Page cif Grant of Restriction. and Open-Space Easement Page 2 of 5 Grant of Restrictions and Open-Space Easement 1. GRANTOR covenants and agrees for itself and its successors and assigns that GRANTOR, its successor or assigns singularly or in combination shall not divide or subdivide the whole of the lands describ- ed in said Exhibit "A" or otherwise convey (other than under threat of condemnation) a portion of such property less than the whole to one or more parties or convey said property to two or more parties each of whom acquire title to less than the whole of the subject property. As used herein "party" means and includes any person, corporation, partnership or other legal entity capable of holding title to real property. 2. DISTRICT shall have the right of Design Review as herein defined with respect to any and all improvements proposed to be constructed on the property described in Exhibit "A" . This right shall not pertain to the maintenance or improvement of presently existing structures on said property. Design Review is intended to provide a process for review by the DISTRICT of development in environmentally and ecologically sensitive areas in order to assure that development will be harmonious with other uses in the general vicinity and will be compatible with environmental and ecological objectives. (a) With regard .to construction of any improvements on the property described in Exhibit "A" , an application for design review shall be made to the DISTRICT. The applica- tion shall include the following: (1) A site plan showing the location of all proposed buildings, structures , planted or landscaped areas, paved areas, and other improvements, and indicating the proposed uses or activities on the site. (2) Drawings of sketches showing the elevations of all proposed buildings, sufficiently dimensioned to indicate the general scale, height, and bulk of such buildings. (b) Within 30 days from the filing of the application with the DISTRICT, DISTRICT shall review the site plan and drawings, and shall make its recommendations based upon the following objectives; with respect to siting of of the improvements, structure height, color and orientation, and exterior lighting and landscaping: (1) To ensure construction and operation in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. (2) To ensure that sound principles of environmental design and ecological balance shall be observed. L11­i'-%1'*,ill i rz`91— Page of 2 Grant of Restrictions and Open-Space Easement Page 3 of 5 3. GRANTOR hereby grants to DISTRICT an open-space easement, on, upon, over, across, above and under the southerly two-thirds of parcel one of the lands described in said Exhibit "A" (SUBJECT AREA) and as shown and delineated on the map labeled Exhibit "C" as attached hereto and by this reference made a part hereof, and relinquishes to DISTRICT for the benefit of the public in perpetuity the right to construct improvements thereon. 4. GRANTOR covenants and agrees for itself and its successors and assigns that GRANTOR, its successors or assigns singularly or in combination: (a) Shall not erect, construct, place or maintain or permit the erection, construction, placement or maintenance of any improvement, building or structure or any other thing what- soever on the SUBJECT AREA other than such improvements, buildings, structure, or other things existing on said SUBJECT AREA at the time of the granting of the easement. M Shall not use or permit the use of the SUBJECT AREA for any purpose except as open space. (c) Shall not use or allow others to use the SUBJECT AREA or any portion thereof as a parking lot, storage area or dump site or otherwise deposit or allow to be deposited on said SUBJECT AREA or any portion thereof temporarily or otherwise anything whatsoever which is not indigenous or natural to said SUBJECT AREA. (d) Shall not cover or cause the SUBJECT AREA to be covered in whole or in part with any asphalt, stone, or concrete or other material which does not constitute natural cover for the land, and shall not otherwise disturb the natural cover for the land , except for the main road- or driveway where it may currently encroach on said SUBJECT AREA at the time of the granting of this easement. (e) Shall not mine, extract, sever or remove nor permit or cause to be mined, extracted, severed or removed any natural resource found or located on, above, or under the SUBJECT AREA or otherwise engage in or permit any activity which will or may destroy the natural and scenic characteristics of the SUBJECT AREA. (f) Shall not fish, trap, hunt, capture, kill or destroy or permit the fishing, trapping, hunting, capturing or destruc- tion of fish or other marine or aquatic life of the SUBJECT AREA except upon prior written permission of the County of Santa Clara (or any city having jurisdiction) for health or safety purposes only. EXHIBIT Page . Grant of Restricti(,..6 and Open-Space Easement Page 3 of 5 (g) Shall not hunt or trap or permit the hunting or trapping of animal life on the SUBJECT AREA Pursuant thereto, GRANTOR, its successors or assigns shall not trap, kill , capture or destroy or permit the trapping, killing, cap- turing or destruction of animal life on the SUBJECT AREA except upon prior written permission of the County of Santa Clara, (or the City having jurisdiction) , for health and safety purposes only. (h) Shall not cut, uproot or remove or permit the cutting, uprooting or removal of timber or trees or other natural growth found or located on said SUBJECT AREA , except as may be required for fire prevention, elimination of deceased growth, or construction and maintenance of foot trails. M Shall not excavate or grade or permit any excavation or grading to be done, or place or allow to be placed any sand, soil, rock, gravel or any material whatsoever on SUBJECT AREA, except for construction and maintenance of foot trails. (j) Shall not operate or permit the operation on the SUBJECT AREA of any motor bike, trail bike, go-cart or other motor-driven or motor-powered vehicles except those motor vehicles reasonably necessary for the use of GRANTOR and the accomplishment of the purpose for which the SUBJECT AREA is used Pursuant to the terms and conditions , restrictions and covenants set forth herein for the SUBJECT AREA. Right to Prevent Prohibited Use 5. GRANTOR hereby grants to the DISTRICT, its successors and assigns for the term of this easement the right, but not the obli- gation, to enter upon the SUBJECT AREA for the purpose of removing any building, structure, improvement or other thing whatsoever constructed, erected, placed, stored, deposited or maintained on the SUBJECT AREA - contrary to the stated purposes of this easement or to any term, condition, restriction or covenant of this easement, or to prevent or prohibit any activity which is contrary to the stated purposes, terms, conditions, restrictions or covenants of this easement which will or may destroy the natural and scenic characteristics of the SUBJECT AREA. Enforcement 6. Without limiting the foregoing, the stated purposes , terms, conditions, restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. IT Grant of Restricti( and Open-Space Easement Page 4 of 5 No Authorization for Public Trespass 7. The granting of this easement and its acceptance by the DISTRICT does not authorize and is not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion of the SUBJECT AREA or as granting to the public or any member thereof any tangible rights in or to the SUBJECT AREA or the right to go upon or use or utilize the SUBJECT AREA in any manner whatsoever. It is understood that the purpose of this easement is solely to restrict the use to which the SUBJECT AREA may be put so that said SUBJECT AREA may be kept in its natural condition. Reservation of use by GRANTOR 8. GRANTOR reserves the right to use the SUBJECT AREA - in any manner consistent with the stated purposes, terms, conditions, restrictions and covenants of this easement and with existing zoning and other laws, rules and regulations of the State of California and the County of Santa Clara, their successors or assigns, as such laws, rules and regulations may hereafter from time to time be amended. Condemnation 9. In the event the SUBJECT AREA or some portion thereof during the term of this easement is sought to be condemned for public use, the easement in each and every term, condition, re- striction and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation as to that portion of the SUBJECT AREA sought to be taken for public use only, but shall remain in effect relative to all other portions of said SUBJECT AREA . The GRANTOR shall be entitled to such compensation for the taking as he would have been entitled had the SUBJECT AREA not been burdened by this easement; provided, however, that each and every term, condition, restriction and covenant of this easement shall be observed by GRANTOR, its successors or assigns, during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a final Judgement of condemnation relative to the SUBJECT AREA or some portion thereof is not actually ac- quired for a public use, said SUBJECT AREA shall , at the time of such abandonment, or at the time it is determined that such SUBJECT AREA shall not be taken for public use, once again be subject to this easement and to each and every stated purpose, term, condition, restriction and covenant of this easement. Provided, however, that if the SUBJECT AREA is sought to be acquired, appropriated, or condemned for a use incompatible with this open space easement as defined herein, by any other public or quasi-public entity, the presumptions contained in Section 1240 .680 of the Code of Civil Procedure and Section 5542 .5 of the Public Resources Code may be asserted by DISTRICT to protect its interest in the SUBJECT AREA , and preserve the open space character thereof. Paso Grant of Restrictions and Open-Space Easement Page 5 of 5 Enforceable Restriction 10. This easement and each and every term, condition, re- striction and covenant contained herein is intended (a) for the benefit of the DISTRICT, its successors or assigns; (b) for the benefit of the residents of the midpeninsula area in which this , property is located; and (c) for the benefit of the lands described in Exhibit "B" , and constitutes an enforceable restriction pur- suant to the provisions of Section 8 of Article XIII of the California Constitution and Chapter 6 . 6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code and this covenant is expressly intended by GRANTOR and DISTRICT to run with the land described in Exhibit "A" , to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be enforceable by DISTRICT, its successors and assigns and all parties having any right, title or interest in the land described in Exhibit "B" . Dated: 1981 GRANTOR By By 'Page b of / -I is. EXHIBIT A Page 1 of 5 Real property situated in the County of Santa Clara, State of California, described as follows: PARCEL ONE All of Lot 15, Section 27, T. 8 S. R. 1 W. M.D.M. more particularly described as follows: Beginning at a 1 1/2 inch iron pipe set at the common corner to Lots 9-10-15-16, Section 27, T. 8 S. , R. 1 W. , M.D.M.; thence S. 2° 34' 34" W. 1386.63 feet along the line between Lots 15-16, to a 1 1/2 inch iron pipe set at the corner to Lots 15-16 and the Section line between Section 27 and 34, T. 8 S. R. 1 W., M.D.M. ,; thence S. 88° 59' 52" W., 1385.82 feet along said Section line to the 1/4 Section corner tree found; thence N. 3° 08' 44" E., 1424.28 feet to a 1 1/2 inch iron pipe set at the corner to Lots 10-11-14-15; thence S. 89° 28' 13" E., 1369.84 feet to the place of beginning. Containing 44.386 acres, more or less, as surveyed in August 1963 by Thomas Riley, Land Surveyor. PARCEL TWO A non-exclusive right-of-way 50 feet wide, across portions of lots 9 and 16, Section 27, T. 8 S. R. 1 W. M.D.M. for ingress, egress and utility and waterlines, both underground and overhead, the centerline of which is described as follows: Beginning at a 1 inch iron pipe in the West line of that certain 5 acre parcel of land granted by deed from Robert J. Pouey to Frederick Koetter, et ux, recorded August 29, 1957 in Book 3879 of Official -Records, at page 241, which pipe is N. 89' 28' 13" W. 702.11 feet and N. 1° 58' 30" E. 403.53 feet from the Southeast corner of Lot 9, Section 27, T. 8 S. R. 1 W. , M.D.M.; thence across Lot 9, S. 70° 19' 25" W. , 69.72 feet to a 1 inch iron pipe; thence S. 37° 50' 00" W. 187.17 feet to a 1 inch iron pipe; thence S. 42° 27' 20" W. 125.96 feet to a 1 inch iron pipe; thence S. 30° 01' 10" W. 157.08 feet to a point on the line between Lots 9-16; thence across Lot 16 S. 30° 01' 10" W. 259.68 feet to a 1 inch iron pipe; thence S. 71° 56' 55" W. 213.83 feet to a 1 inch iron pipe; thence S. 85° 06' 35" W. 17.70 feet to a 1 inch iron pipe on the line between Lots 16-15. The sidelines of said right-of-way to be extended or shortened to intersect the Eastline of said Lot 15. Subject however, to the right of the owner of land adjacent to the parcel hereinafter referred to as "Parcel Three" to re-route the aforesaid right of way over his lands and over the said "Parcel Three" so long as such re-routing does not interfere with the production and delivery of water from the said "Parcel Three". PARCEL THREE An undivided 30% interest in and to the following described real property situated in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the Southeast corner of Lot 9, Section 27, T. 8 S. R 1 W., M.D.M; thence N. 89° 28' 13" W. 702.11 feet to a 1 inch iron pipe set at the Southwesterly EXHIMT I Page 7 PfIc EXHIBIT A Page 2 of 5 corner of that certain.parcel of land granted by deed from Robert J. Pouey to Frederick Koetter, etux recorded August 29, 1957 in Book 3879 of Official Records, at page 241, and the true place of beginning; thence N. 1° 58' 30" E. 200.00 feet along the Westerly line of Koetter to a 1 inch iron pipe; thence N. 89° 28' 13" W. 140.00 feet; thence in a direct line Southwesterly to a point which bears S. 89' 28' 13" E. 260.00 feet from the point of beginning; thence S. 89° 28' 13" E. 260.00 feet to the place of beginning. Containing 0.913 acres, more or less. Parcel #3 is granted with the express limitation that all water rights accruing to grantee hereunder shall be used exclusively for the benefit of Parcel One hereinabove described. And subject further to the express condition and requirement that at such time as any other owner of an undivided interest in this parcel secures a building site approval for land which water from this parcel is designated to benefit, which said building site approval is contingent upon securing an adequate source of water, then upon demand from such other owner, granted herein or his successors shall be required to share the costs of improving the well upon this parcel to the extent required for satisfying the said contingency for securing an adequate source of water; such cost to be borne by grantee herein or his successors in proportion to his interest in this parcel. Any violation of the foregoing conditions or limitations shall cause the interest of grantee or his successors in this parcel to terminate and to immediately vest in the other then owners of undivided interests in this parcel pro-rata in proportion to the undivided interests of such other owner; provided, however, that this provision shall not remain in effect after August 15, 1978. PARCEL FOUR A non-exclusive right-of-way 20 feet wide, for ingress and egress and utility and water lines, both underground and overhead, the East side line of which is described as follows: Beginning at a 1 inch iron pipe at the Northeast corner of the above described Parcel Three; thence N. 1° 58' 30" E. 222.93 feet along the West line of Koetter to a 1 inch iron pipe at the centerline of a 50 foot right-of-way. Together with these certain easements contained in the Deed from Earl C. Popp and Helen A. Popp, his wife, to William D. Crawford and Beverly H. Crawford, his wife, dated April 23, 1957 and recorded May 14, 1957 in Book 3797 of Official Records, page 674, Recorder's File No. 1339293, as follows: (A) A non-exclusive right of way for the purpose of ingress and egress, for the instal- lation and maintenance of public utilities, over a strip of land 30 feet wide, the center line of which is described as follows: Beginning at a point in the West most boundary line of that certain 5.50 acre tract of land described in the Deed from Earl C. Popp, et ux, to the United States of America, dated December 22, 1954, recorded February 8, 1955 in Book 3080 of Official Records, page 399, Santa Clara County Records; said point of beginning being North 71.06 feet Page +0f - t - EXHIBIT A Page 3 of 5 from the Southwest corner of the said 5.50 acre tract; thence from said POINT OF BEGINNING North 63' 27' West 64.78 feet; South 660 20, West 141.63 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING North 79° 23' West 225.76 feet; North 61° 49' West, 124.10 feet; North 86' 35' West 269.21 feet; North 0° 56' West 86.38 feet; North 38° 24' East 92.37 feet; South 82° 25' East 229.47 feet; South 69° 52' East 100.76 feet; North 22° 57' East 122.50 feet; North 0° 50' West 103.75 feet; North 23° 17 " West 170.28 feet; North 620 17' West 57.81 feet; North 68° 43' West 56.51 feet; North 84' 07' West 51.17 feet; North 70° 29' West 62.76 feet; South 830 West 30.99 feet; North 70° 31' West 39.30 feet; North 57° 06' West 48.24 feet; North 38° 09' West 54.62 feet; North 230 18' West 104.15 feet and North 35° 38' West 98.51 feet to the point of said approximate center line of Blackberry Hill Road with the approximate centerline of a road known as Mireval Road (formerly known as Old McBride Road) , thence running along the said approximate center line of Mireval Road North 63* West 82.82 feet and North 74° 42' West 133.50 feet, more or less to the Westerly line of the parcel of land described as Parcel No. 1 in the Deed from Abbie Pi. Coykendall, also known as Abgie M. Coykendall to Lillian Morris, dated November 24, 1937 and recorded December 18, 1937 in Book 854 of Official Records, page 346. (B) A right-of-way for the purpose of ingress and egress and for the installation and maintenance of public utilities over a strip of land 50 feet wide, the TRUE POINT OF BEGINNING of said right-of-way being located in the approximate center of Blackberry Hill Road and said BEGINNING POINT being located by measuring from a point in the West most boundary line of that certain 5.50 acre tract of land described in the Deed from Earl C. Popp, et ux, to the United States of America, dated December 22, 1954, recorded February 8, 1955 in Book 3080 of Official Records, page 399, Santa Clara County Records; said point being North 71.06 feet from the Southwest corner of said 5.50 acre tract; thence measuring from said point 64.78 feet North 63° 27' West; thence measuring 141.63 feet South 66° 20' West to said BEGINNING POINT; thence Southeasterly from said POINT OF BEGINNING, following a meandering course along the existing Road to Popp's water tank but passing Northerly of said water tank following the meandering course of the newly bulldozed road, and crossing the North fork of LimeKiln Creek near a large rock formation; thence continuing to follow the newly bulldozed road Southeasterly up the hill, and switching back first Northwesterly and then again Southeasterly to a point on the South boundary of said Popp's lands. (C) Also together with a right-of-way for ingress and egress and the installation and maintenance of public utilities over that portion of the existing Blackberry Hill Road. (D) Also together with and appurtenant to the premises hereinabove firstly described, a non-exclusive right of way for ingress and egress and for the installation and main- tenance of public utilities over a strip of land 30 feet wide, the center line of which is described as follows: Beginning at a 3/4 inch pipe set on the South line of that certain tract of land conveyed by Earl C. Popp, et ux, to Effie Walton, as recorded in Volume 1726 of Official Records, page 336, at the most Easterly corner of that certain 1.392 acre tract of land described in that certain Deed of Trust executed by Glen Goodwin, et ux, and dated October 15, 1953 and recorded October 23, 1953 in Book 2745 of Official Records, page 225, said POINT OF BEGINNING also being the Northwesterly corner of the tract of land hereinabove firstly described; thence along the Westerly line of said tract of land hereinabove firstly desscribed; !, EXHIBIT A Page 4 of 5 thence along the Westerly line of said tract of land hereinabove firstly described the following courses and distances: S. 42* 33' E. 68.02 feet, S. 27* 28' E. 37.04 feet, S. 22' 02' E. 72.13 feet, S. 7* 54' E. 94.79 feet, and S. 14* 25' W. 153.84 feet to an iron pipe. (E) An easement for electrical transmission purposes from Blackberry Hill Road South to an existing electrical power pole that is West of the west line of that certain' 5.50 acre parcel of the United States of America; together with the right to use, upon approval by P.C. & E. , and attached to for electrical transmission purposes the existing power line on said pole Also those certain 50 foot easements reserved in the Deed from William D. Crawford, et ux, to Patricia L. Popp, a single woman, dated April 25, 1957 and recorded May 14, 1957 in Book 3797 of Official Records, page 683, conveying 9.47 acre tract above excepted, as follows: RESERVING TO THE GRANTORS an unobstructed fifty foot easement for ingress and egress and for the installation and maintenance of public utilities over the course of the existing road passing on and over a portion of the 9.47 acre parcel in Lot 9, Section 27, Township 8 South, Range I West, M.D.B. & M. , ALSO RESERVING TO THE GRANTOR an unobstructed fifty foot easement for a road not yet constructed for ingress and egress and for the installation and maintenance of public utilities over the following described course: Beginning at a point in the existing road passing on and over a portion of (9.47 acre parcel in Lot 9 in Section 27, Township 8 South, Range 1 West) ; said parcel running thence to the Easterly boundary line. The exact description of said right of way shall be located with the consent of the grantee, her heirs and assigns. Also those certain 50 foot easements reserved in the Deed from William D. Crawford, et ux, to Robert J. Pouey, dated April 23, 1957 and recorded May 14, 1957 in Book 3797 of Official Records, page 685, conveying 5.00 acre tract above excepted as follows: RESERVING TO THE GRANTOR an unobstructed fifty foot easement for ingress and egress and for the installation and maintenance of public utilities over the existing road C> over a portion of the 5.00 acre parcel in Lot 9 Section 27, Township 8 South, Range I West, M.D.B. & M. ALSO RESERVING TO THE GRANTOR an unobstructed fifty foot easement for ingress and egress and for the installation and maintenance of public utilities for a road not yet constructed over a portion of the 5 acre parcel in Lot 9, Section 27, Township 8 South, Range 1 West, M.D.B. & M. , from the Westerly boundary line of said parcel to the Easterly boundary line. (WE NOTE BUT DO NIT INSURE THE FOLLOWING) (F) A right of way 10 feet wide over parcel of land conveyed by Henry E. McBride and Georgia M. McBride, his wife, to Dr. F.A.A. Belinge, by Deed dated June 25, 1885 and recorded June 25, 1885 in Vol. 79 of Deeds, page 526. (G) A right of way for road purposes over a portion of the Davis and Cowell Tract, more particularly described in a certain Deed from Isaac E. Davis and Henry Cowell to A. Richardson, dated October 22, 1886 and recorded April 25, 1889 in Vol. 117 of Deeds, page 36, records of said County. IT f&3e f EXHIBIT A Page 5 of 5 (H) A right of way over lands now or formerly of Kate Wright in Lot 3, of Section 22, Township 8 South Range 1 West, M.D.B. & M. , being the same right of way conveyed by Charles S. Wright and Kate Wright, his wife, to G. W. Fletcher, by Deed dated October 4, 1892 and recorded October 6, 1892 in Vol. 153 of Deeds, page 12. (1) A right of way reserved in the Deed from F. M. Myers and Edith 0. Myers, his wife, to Mary E. Ringrose and James Ringrose, dated December 30, 1925 and recorded January 7, 1926 in Vol. 208 of Official Records, page 183. L I 6il T EXHIBIT B Page 1 of 1 PARCEL ONE Real property situated in the County of Santa Clara, State of California, described as follows: Westerly 1/3 of Lot 8 of Section 33, Township 8 South, Range 1 West, Mount Diablo Base and Meridian, according to the official plat of the survey of said lands on file in the office of the Bureau of Land Management, approved April 17, 1882. Said parcel contains 12 acres, more or less. PARCEL TWO Real property situated in the County of Santa Clara, State of California, described as follows: Easterly 2/3 of Lot 8 of Section 33, Township 8 South, Range 1 West, Mount Diablo Base and Meridian, according to the official plat of the survey of said lands on file in the office of the Bureau of Land Management, approved April 17, 1882. Said parcel contains 25 acres, more or less. X1 / Past JLOf ° ''.° —_ EXHIBIT C SITE MAP USGS) Page 1 of 2 �� ;,• �� PROPOSED ADDITION TO )J ••`y•��`I, onventl;- "r ? '�j, \\\ �`� ivIANZANITA RIDGE V OPEN SPACE PRESERVE 2000 ' North , a p � � 6 r`©per '� ' � � ma's• __ ��� �'` �w/', ,-�/.^�/,';)• ° ^--�- o Pa , ✓%- �;;(jam � - Eex ng-t0 e a ' Recreati�OZ �`�� /(r: oILLWAY 645 JS Monte log MADFN s Ar x �I 9 LAa cu � q � � � r � -�. �.,�)^��! - � ,��• '�\���,�\ - BLOSSOM• MILL 1.$� �� � \ r✓���_-r /J��I \ 4 9 h SNAN A aL0.f.40N NrLL dl NE .Z r0 4p NON El.ar+ "V FMOf1(r V`�mnrts Fo _ 19 ��fy�{,x.a-� -tT,�_ <N.lFrch "C Nr s �iti•�"'�����:\' \���� � Er 1'V��' � N? '..L N�.G�: a.ao♦turf r V��/~\/�`\\���\` / `-i(�1 U� •` ! r(1/'���iJ .—E.,:o., / \��1 !1)`( `�.`-'-�\ 1, �, ` / \�8, � ��•('��/�!'l� \ frf�^!L•lf � Er.E999/ _ 'pn)�� � � `� 1 \ � � � /._ Aidercrolt •CAemeketa Park Redwood ^� �� o c•% �`% 'mow ". _' \ ���� `� X� y e - CIb4.11 Page D—of ��/��� EI1 1�!tl Lt r": t• `' EXHIBIT "C" D POS L �`+ Page 2 of 2 558- -2 ` 8 F {�i^lR t T7 _ y• `� set �T r 1 t �,�".{i fir. t. ``M� ►i' � fVl 1 .��4111 C (1 \ hils 1r .J 1w.. :� :': i„�"}4' Il, �..=�-nNr •.K-r r .�rrR+oS+� EXHIBIT E ' ' P 33, e .of I '81-54 (Meeting 81-14 oe*- May 27, 1981) •Oftw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 21, 1981 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: S. Sessions , Land Manager SUBJECT: Renewal of Agreement with the City of Mountain View for Deer Hollow Farm Introduction: The District and the City of Mountain View entered into an agreement in 1979 that allowed the City to operate and maintain the Deer Hollow Farm complex at the Rancho San Antonio Open Space Preserve. The agreement has expired and needs to be renewed if activities are to continue, and staff is proposing that an interim extension of six months be granted to Mountain View at this time in order to allow staff time to review and incorporate some proposed changes into the agreement. Discussion: The City of Mountain View has proposed an amendment to the agreement whereby the document would be reviewed and renewed annually at the respective staff levels, provided there were no changes to the agreement (reference Exhibit A, paragraph 9) . This change would alter the existing renewal procedure which requires that you and the Mountain View City Council approve the renewal annually. District staff is not opposed to this proposed renewal procedure,since the use and management review process should keep you informed about Mountain View's operations at Deer Hollow. Members of the City of Mountain View's staff are also in the process of preparing a master plan document for the Deer Hollow Farm complex. This plan is scheduled to be completed by June, 1981, and District staff is recommending that this plan, after being reviewed, be made a part of the agreement document. At this time, staff is proposing that an interim renewal agree- ment be approved to allow time to incorporate the two changes noted above. The following changes to the agreement are also now under consideration by staff to define better some of the City' s responsibilities and the District' s role in the site and design review process : 1) Having the City maintain the swimming pool year round, in- cluding maintenance of the pumps and equipment (Paragraph 4 , Agreement) 2) Having the City review with the District all proposed site improvements, including structural and grounds improvements which could alter the visual characteristics of the farm complex. (Paragraph 4 , Exhibit A) M-81-54 Page two 3) Staff is reviewing the present water system for the preserve and will be recommending certain improvements which will in- clude reworking of water service to the farm area. The City is responsible for its water system from the point of connection. Because the basic agreement has expired, staff is suggesting that an interim extension to September 30 , 1981 be granted. This additional time would allow staff an opportunity to work with the City of Mountain View on the inclusion of the proposed changes noted above and to include any additional changes which may result from the Rancho San Antonio Open Space Preserve Use and Management Plan review, scheduled for August, 1981. Recommendation: It is recommended that you approve a six month interim extension of the agreement with the City of Mountain View for the operation and maintenance of Deer Hollow Farm and that you conceptually approve of the possible changes to the agreement discussed in this report. AMENDMENT TO AGREEMENT BETWEEN CITY OF MOUNTAIN VIEW AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT THIS AMENDMENT TO AGREEMENT is made by the CITY OF MOUNTAIN VIEW, a municipal corporation whose address is 540 Castro Street , Mountain View , California , 94041 , hereinafter referred to as "CITY" , and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT , a public agency under the laws of California , whose address is 375 Distel Circle , Suite D- 1 , Los Altos , California , 94022 , hereinafter referred to as "DISTRICT" . RECITALS On May 30 , 1979 City and District entered into an Agreement allowing the City to provide activities for its citizens at the District ' s Rancho San Antonio Open Space Preserve . NOW, THEREFORE , in consideration of the recitals and the mutual promises contained herein , CITY and DISTRICT agree to amend said above- referenced Agreement as follows : 1 . Paragraph 19 is amended to read that the Agreement will be extended from April 1 , 1981 and will continue in effect until September 30 , 1981 . IN WITNESS WHEREOF , This Amendment to Agreement is executed by the City of Mountain View pursuant to Resolution No . 12569 and Midpeninsula Regional District . This Amendment to Agreement is dated May 7 , 1981 . APPROVED AS TO CONTENT : BY : City of Mountain View City of Mountain View BY : Midpeninsula Regional Midpeninsula Regional Open Space District Open Space District AGREEMENT BETWEEN THE CITY OF �IMOUll.'A I ICI VIEW AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT THIS AGREEMENT is made and entered into this day of - 19 ' by and between the City of Mountain View, a muni- cipal corporation, hereinafter called "CITY" and the Midpeninsula Regional Open Space District, a public district under the laws of California, hereinafter called "DISTRICT". PURPOSE. In order to provide an expanded and varied program of organized recreational activities for the citizens of the CITY, CITY has arranged with DISTRICT to use DISTRICT's Rancho San Antonia Open Space Preserve, formerly known as Permanente Creek Park, located in Los Altos Hills , adjacent to St. Joseph's Seminary, for recreational and educational programs , consisting of activities such as archery, arts and crafts , hiking, picknicking, gazes , singing, nature study, swimming and caring for farm animals . It is understood by both parties that the Rancho San Antonio Open Space Preserve is a semi-wilderness area with certain en- vironmental hazards, such as uneven landscape, wocded areas , poison oak, wildlife and rattlesnakes, and that DISTRICT makes no assurances as to the safe condition of the Property. CITY shall ! offer no prograilts that in the estimation of DISTRiCT have a negative impact on the environment of the area, or the future use of the Property. In consideration of the mutual covenants and conditions contained herein, the parties agree as follows : 1 . DISTRICT agrees to provide the primary use of the area and buildings indi- cated on Exhibit A, known as Deer Hollow Farm, without charge to the CITY to carry out recreational and educational programs. For primary use of Hollow Farm (Exhibit A) , CITY agrees to allow a minimum of thirty- .hree and one third percent (331/3%) of the groups and individuals using the Farm to be non-residents of the CITY, to Participate in Farm related programs during the fall , winter and spring months. During the summer months, the CITY shall have exclusive use of Deer Hollow Farm for its day camp program. 2. DISTRICT agrees to provide the non-exclusive use of other areas in Rancho San Antonio Open Space Preserve without charge to the CITY for hiking, nature study and staimming. 3. CITY may provide a Resident Naturalist to coordinate and supervise CITY's programs. Said employee and such person's immediate family shall reside with- in the management area using the building marked "Resident Naturalist's House" on the attached Exhibit A. 4. CITY shall, be responsible for all utility bills and normal maintenance of buildings and grounds associated with Deer Hollow Farm Management area. The degree of such maintenance determined to be necessary or desirable within the management area shall be at the discretion of the CITY. CITY shall maintain swimming pool located at the Resident Ranger house during CITY's Summer Day Camp Program. DISTRICT shill be resPofizible for Maint.--,inance during other periods. 5. Other buildings, outside the CITY's Management Area, bridges , roads, trails , and all other improvements on the Property shall be maintained by DISTRICT, to the degree such maintenance is determined to be necessary or desirable at the sole discretion of DISTRICT, provided that nothing herein shall be deemed to impose on DISTRICT any responsibility assumed by CITY in paragraph 4 here- of. DISTRICT shall maintain the through road and bridge in management area. 6. CITY agrees that all agricultural produce grown on DISTRICT Lands will be consumed ly participants , naturalist or other recreational program partici- (2) pants offered by the CITY and are not to be sold. CITY may sell farm animals and or their byproducts provided all revenue from said sales is used by CITY to help pay for costs of maintaining the farm animals. 7. Upon immediate oral notice DISTRICT may designate certain areas unsafe or unusable to CITY and restrict or prohibit the use of said areas to CITY until further notice. 8. CITY agrees to furnish and pay for all necessary services , supplies , and materials directly related to the Program, including utilities and transporta- tion. 9. CITY agrees to obtain all necessary permits for fire, safety, health, and other clearances required by local and state agencies necessitated by the use -of the Preserve by CITY to carry out its program. 10. CITY shall be responsible for all necessary or appropriate supervision and control over agents and employees of CITY, participants in the Program, and other persons on the property at the invitation of CITY or as a direct result of CITY's Program. Responsibility for supervision and control include providing qualified staff members and volunteers to protect the safety of the participants and to promote, organize and conduct the various programs. 11 . it is expressly understood that this Agreement is not intended and shall not be construed to create a relationship of agent, servant, employee, partner-- ship, joint venture or association between DISTRICT and CITY., but it is rather an agreement by and between independent contractors. Each is to be responsible for its liabilities in the areas of responsibility designated by this Agreement, 12. For purposes of this paragraph ( and as used elsewhere in this Agreement) "City Participant" shall mean and include supervisors, employees, staff mem- bers and volunteers for CITY, all participants in the Program, and oil per- sons on the Property at the invitation of CiTY or as a direct result of CITY's Program. (3) ; CITY shall have the ;ponsibility and bear primary jbility for: 8) locating and identifying any hazards, natural or manmade, on the property an I d calling such hazards to the attention of CITY participants. b) -Loss, damage or injury to CITY participants, from any cause whatsoever, except negligent willful , wanton or active misconduct of DISTRICT's offi- cer, agents or employees. c) Loss or damage to property of CITY or of CITY participants from any cause whatsoever, except the negligent willful , wanton or active misconduct of DISTRICT's officers agents or employees, d) Loss, damage or In Jury to 'third persons, including employees, of DISTRICT, caused by the negligence or other wrongful act or omission of CITY or CITY participants e) Loss of or damage to property of third persons, including property of DISTRICT and its employees, caused by negligent or other wrongful act or omission of CITY or CITY participant. Nothing herein shall be construed to impose on CITY responsibility for any liability for which DISTRICT would otherwise be responsible and which is in no way attributable to the conduct of CITY's program or activities under this Agreement. DISTRICT shall have the responsibilities and bear primary responsi- bility for those activities and risks not undertaken by the CITY pursuant to this Agreement. CITY participants shall, be deemed to be on the property at the invitation of CITY and not of DISTRICT. 13. CITY shall carry liability, property damage, death and bodily injury insurance during the term of this Agreement covering, among others, the insurable risks set forth herein, and DISTRICT shall be named as additional insured on said Policy. Said policy shall be in . an amount not less than $1 million per in- Jury or death to one person, $1 million per occurence, and $1 million property damage. CITY shall furnish DISTRICT a certificate of insurance evidencing -such insurance cover4 CITY shall carry Fire Insurance on Resident Naturalist 's house in an amount sufficient to repair or rebuild house at time of fire. Said policy shall Include an escalation clause to provide for inflating building costs. All other structures within the management area shall be the responsibility of the CITY due to the loss or damage resulting from fire, vandalism or any other causes. 14. DISTRICT shall carry liability, property damage, death and bodily injury insurance during the term of this Agreement covering its risks arising out of its ownership of the property in an amount not less than $1 million per Injury or death to one person, $1 million per occurence, and $1 million property damage. 15. CITY hereby agrees to indemnify, defend and hold harmless the DISTRICT from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses , including attorney's fees and court costs, in any matter related to or occurring during the Program, provided that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of the CITY's employees or agents, or otherwise arises out of matters which by the terms of this Agreement are the responsi- bility of the CITY. lb. DISTRICT hereby agrees to indemnify, defend and hold harmless CITY, its offi - cers, agents and employees from and against all liability for all claims, suits, damages, injuries, costs , losses and expenses, including attorney's fees and court costs, in any matter related to or occurring during such recreational program, provided that the matter giving rise to the liability is directly attributable to the negligent wrongful acts of the DISTRICT's employees or agents, or otherwise arises out of matters which by the terms of this Agree- ment are the responsibility of the DISTRICT. 17. Each party shall in good faith attempt to avoid interference with the activi- (5) ties and facilities of the other, in keeping w of this Agreement. • r Either party may without cause withdraw unilaterally from this Agreement after 90 days written notice to the other party with the result that this Agreement shall be terminated at the end of � ��q t9. This Agreement shall become effective April L 1979 and shall continue in effect until March 31 19 80 unless sooner f+ terminated by action of either party in accordance with the terms of this Agreement as herein specified. Upon the date of April 1 ,1980 and at the end of each year there- after, the parties by unanimous consent may e.�t.rid t'tl� *erms of LI is Agree- ment by one (1) year under such conditions and pursuant to such terms as they may then agree upon. 20. City agrees to file an addendum to this Agreement with the District, and receive District approval , prior to any Capital Improvement projects by City on District Lands. APPROVED AS TO FORM: CITY OF MOUNTAIN VIEW le 1By. City Attorney APPROVED AS TO CONTENT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT J r rr, BY Director f Parks and Recreation Date: �— 1--iCl Date: (6) '�j L u �.'. F�/ Sr C�•�1'11 AV.=-. � Pf E K jULL0�1 1 ri F MA RAGE - ---�--- Bu���cr��s - ti� � •� ��h;�iQ �sN AN�oNla ��� 5�4,�� F;::.:�tiY4 1 °�M �f M►O-�C�`{!�'�i�� �i!Q�1r'?�- G?�`i 5!'r,GE v,57�i:C tzo' fft-oy la �;T,�u�s ,,•rr.rl �.� 4� aim MEADON. • "IT'S"I'' S' '' l.�J 1` �I `�`;L !'. ' i„... 1 FI CI YAK 1 � Jf • �. - t- � 1 rY EXHIBIT A 1. District agrees to provide the primary use of Deer Hollow Farm, without charge to the City, to carry out our programs. For pri- mary use, City agrees to allow a minimum of 33 1/3 percent of groups and/or individuals using the facilities during the fall, winter, and spring months to be nonresidents. During the summer months, City shall have exclusive use of Deer Hollow Farm for its day camp program. 2. District agrees to provide the nonexclusive use of other areas of the preserve for hiking, nature study, and svriming without charge. 3. City agrees to provide a Resident Naturalist to coordinate and supervise City's program. 4. City agrees to be responsible for utilities and normal maintenance of buildings and grounds associated with the Dee-F-H—oTTow Farm �. Management area. The degree of such maintenance determined to be ' necessary! f''desirable shall be, at the discretion of the City. 5. City agrees to carry appropriate liability, property damage, death and bodily injury insurance during the term of the Agreement cover- ing its risk, 6. District agrees to carry appropriate liability, property damage, death and injury insurance during the term of this Agreement cover- ing its risk arising out of its ownership of the property. 7. The Agreement contains the standard "hold harmless" clauses for both City and District. 8. Either party may terminate this Agreement without cause after 90 days' written notice to the other party. 9.' The Agreement is for a period of one year, and at the end of each year, the parties may, by unanimous consent, extend the terms of the Agreement for one year. EXHIBIT A M-81-53 (Meeting 81-14 oe May 27, 1981) 20A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 18 , 1981 TO: Board of Directors <_� FROM: M. Foster, Controller SUBJECT: Revised Annual Claims List for 1980-81 In accordance with Section 1. 53 of the District' s Rules of Procedures, this revised list of annual claims for the 1980-81 fiscal year is submitted for Board approval. The changes from the annual claims list adopted at the start of the year are: (1) an addition of $2, 600 to cover the annual increase in District Counsel' s fees, (2) an addition of $1,680 to Retirement Funds, and, (3) an increase of $5, 900 for Group Insurance Premiums. Office rent has been reduced by $10,180 to keep the total amount equal to the original annual claims list adopted last June. ANNUAL CLAIMS Fiscal Year 1980-1981 Item Description Amount Directors' Fees $ 8 ,400 Staff Salaries 448, 600 District Counsel' s Fees 37 ,800 Retirement Funds 40, 000 Group Insurance Premiums 31, 000 State-Mandated Insurance 15,530 Office Rent 28 , 020 Management Vehicle Expense 5,160 $614 , 510 Recommendation: It is recommended that you approve the revised annual claims list for 1980-81. i-81-51 i (Meeting 81-14 i May 27 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 21, 1981 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. MacDonald, Public Communications Coordinator SUBJECT : California 2000 Project Regional Conference Introduction: The attached correspondence describes California Tomorrow's "California 2000 Project" and the Bay Area regional conference to be held on Saturday, June 20 , 1981, at Golden Gate University in San Francisco. The District has been invited to participate as a co-sponsor of this conference, which will attempt to assess the primary challenges facing this part of California during the next two decades and will result in a published report. Discussion: Co-sponsorship would involve: 1) the designation of one or more people to serve as liaison with the Project in planning for the San Francisco conference, 2) supplying California Tomorrow with information about activities or dates that might be relevant to the conference and the project, and 3) mailing conference flyers to the District' s mailing list at a cost of about $60 . Some of the organizations that have already agreed to be co-sponsors are the Association of Bay Area Governments , Bay Conservation Development Commission, Committee for Green Foothills , and the Peninsula Conservation Center. Recommendation: It is recommended that you agree to co-sponsor the California 2000 Project Regional Conference and designate one or two Board members to serve as liaison and to represent the District at the conference. / � � "»�KJ8KVu^- 68| Market Stnet Monadnock ^ SanFm��. �}� ^ �m�w, (4�)�V/ �# . California ' � � � CALIFORNIA 2000 PROJECT SAN FRANC8SCO BAY AREA 2000 CONFERENCE � THE PURPOSE OF THE CALIFORNIA 2000 PROJECT is to determine what the critical | challenges will be for California as the year 2000 approaches, /n terms of natural resources, environmental quality and the economic and social needs of its people. The firsf phase of the Project invo!ves o series of regionn| »2000u conferences. The first was held in Sacramento, with subsequent meetings in Eureka, San Bernardino-Riverside, San Diego and Los Angeles. The Son Fran- cisco Bay Area 2000 Conference will be held Saturday, June 20~ At each of the meetings the main objective has been to reach an assessment of what the primary challenges will be for that particular part of California during the next two docodes. Based on the `/2000o conferences and the research done in connection with them, California Tomorrow will publish in 1982 a "Program for California 2000x report that will defml / the major challenges confronting the state and suggest ways the state might begin to address them. The Pro 'eofvs approach is to assess the consequences and effects of projected population growth and economic development, regionally and statewide, on issues relating to human needs, natural resources and environmental quo) lfy° With these purposes and objectives in mind, the Project seeks to bring together representatives of major statewide interests--business, labor, aca- demic and community organizations. Beyond the stated objectives of the Cali- fornia 3000 Project, if is hoped that out of these interchanges will also come o consensus on ways to improve planning procedures and processes so that sig- nificant environmental, economic and social problems can be identified and effectively dealt with. m,L'rxIu\ C^upoxm^o/r1rc: u?0J,,/',h6'and./.m/''r ~ /''` 111n��^ (�'6y''m/.'w/u/r ^ T`lcrh"n 2/ ^1z"C/ d 0 681 Market Street, Monadnock BUilding San Francisco, California 94105 - Telephonc: (415)391-754-1 May 20, 1981 Ms. Charlotte MacDonald Mid-Peninsula Regional Open Space District 375 Distel Circle, Suite D- I Los Altos, California 94022 Dear Ms. MacDonald: As Isabel Wade explained to you on the phone today, California Tomorrow has initiated the California 2000 Project which presently involves a series of regional conferences around the state. Based on these meetings, and on research done in connection with them, a "Program for California 200011 report will be published in 1982. The report will detail the critical challenges likely to confront California over the next two decades. Chair- man of the Project is Charles Warren, past chairman of the President's Council on Environmental Quality and a former state legislator. The Project seeks to Involve statewide, local and regional organiza- tions representing business, labor, academic and public-interest sectors. The Project's objective is to develop a program and a consensus for improving planning procedures and processes by which significant social, economic and environmental problems can be identified and dealt with. The California 2000 Project's approach is to assess the consequences and effects of projected population growth and economic development, region- ally and statewide, on issues relating to human needs, natural resources and environmental quality. The San Francisco Bay Area 2000 Conference will be held Saturday, June 20, in San Francisco. We would welcome and be grateful for the par- ticipation of the Mid-Peninsula Regional Open Space District as a Conference cosponsor. Specificallywe are asking: 1) the designation of a person or persons to serve as liaison with the Project in planning for the San Francisco conference; 2) for information about activities or data that you believe might be relevant to the Conference and the Project; 3) that you send out the Conference flyers to your mailing list. SOUIHFRN CALIFORNIA OFIR'l :650 SOuth GrandAvenue - 1,0� -117,�feles, Calilornia 90017 - Telephone:(213)6_17-5624 Ms. Charlotte MacDonald -2- May 20, 1981 If you have any questions or suggestions, please let me know. I look forward to hearing from you. Sincerely, Richard A. Grant, Jr. Executive Secretary RAG: j f Enclosures i R-81-21 (Meeting 81-14 400 May 27 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT May 21, 1981 TO: Board of Directors FROM: H. Grench, General Manager CONTRIBUTORS: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, C. MacDonald, Public Communications Coordinator, and J. Fiddes, Administrative Assistant SUBJECT Presentation of Preliminary Budget for Fiscal Year 1981- 82 Overview: The District' s basic property tax revenue rate for the 1981-82 fiscal year will continue to be below that of 1977-78 (prior to the passage of Proposition 13) . The District receives no direct State bail-out to supplement property taxes. The diminution of revenue and escalation of land prices have combined to create a great loss of purchasing power for open space lands. The level of activity for District programs has still not yet decreased, however, because of the land acquisition projects that were underway and for which funds were reserved. The following diagram shows how the budget expenditure dollar is for the 1980 81 bud get,et over 90� of each allocated. As was true � g expenditure dollar is allocated to the Open Space Acquisition Program. The committed land purchases total has reduced to $3 . 7 million from the 1980-81 budget figure of $5 .4 million. The new land purchase budget is just $2. 7 million - a lot of money that doesn' t buy many acres these days: Of the $2 . 7 million, $500, 000 is specifically identified for opportunity (bargain) purchases brought to the District by the Peninsula Open Space Trust, similar organizations, or by landowners . This budget item is intended to encourage such interest and thereby stretch the taxpayers ' dollars . The Open Space Management and Public Communications Programs and General Management and Program Support would receive a slightly greater share of the expenditure dollar this year. Nonetheless , the budget guidelines still reflect a conscious strategy of acquiring as much land as possible before it is lost to development or escalates even further in price, while keeping each site open to the public and promoting site usage to the extent that such usage can be accomodated. ALLOCATION OF THE EXPENDITURE DOLLAR i 00 N t N N PROGRAMS Open Space Acquisition Total (.90. 6(�) / / / New Land Purchases (28. 4fi) / i Debt Service (17. 4 ) u1 Sd to Pxepara Committed Land Z�11`---�-��1on (2 Purchases (39. 10 ' 6 r� 1 b w - Open Space Management (5. 90) w m N Public Communications & Governmental Liaison (0. 7(�) General Management and Program Support (2. 8G) R-81-21 Page 3 Introduction: The Board of Directors approves a budget and an Action Plan annually that guide the activities of the District' s staff during the coming fiscal year. In order to allow the Board and interested members of the public a chance to review the preliminary budget for fiscal year 1981- 82 prior to adoption, the budget will be presented by staff at your Regular Meeting of May 27, 1981, but no action will be requested on your part at that time. At your meeting of June 10, 1981, the preliminary budget will be presented again for your consideration and formal adoption. In addition, you will be asked to adopt the Action Plan for 1981- 82, which you tentatively adopted at your meeting of March 25 , 1981 (see report R-81-12, dated March 19, 1981) , as well as salary range increases. As you review the attached preliminary budget for fiscal year 1981-82, you should note that salary and benefit line items could change somewhat before your meeting of June 10 . This is because proposed salary budgets only approximate funds needed for potential salary range adjustments for General Manager appointees, Also, potential increases for Board appointees are not yet budgeted since you have not yet acted on these. The preliminary budget for fiscal year 1981-82 was prepared in a similar manner to that done in prior years. Based on Action Plan activities that you preliminarily adopted on March 25, staff deter- mined projected expenditures for the various programs. The Budget Committee and staff met in many public meetings to review and just- ify the budgets in great detail , including review of sub-accounts for each line item that is presented herein, and compared the pro- posed budget for 1981-82 with the 1980-81 budget and with the 1980- 81 projected expenditures. The attached budget summary shows total proposed expenditures for each category by line item for each pro- gram. Contingency items are identified in the discussion. These are items which either (1) have come to mind and have been discussed but which require initial policy decisions before they would be budgeted, or (2) are additional visitor protection operations and maintenance, or site development contingencies for unanticipated needs. Contin- gency items are not budgeted; rather, they are only identified as potential expenses and would require further Board action, This is not meant to imply that all budgeted items require no further Board action. It should be noted that contingencies listed for each program for the fullest type of "cafeteria-style" benefit plan, as discussed in the May 1979 SAlary-Fringe Benefit and Personnel Systems Study prepared by Gary Foss , are considered maximum contingencies at this time. However, these contingencies are only estimates since they are based on projected increases in benefit charges (actual figures are not yet available) and on current staffing status . The District ' s Controller has been involved with staff and the Budget Committee in the detailed review of the proposed budget and will report to you on June 10 on projected revenues , cash flow, and debt service. The Budget Committee will also be reporting to you at that meeting. R-81-21 Page 4 Discussion: 1. Open Space Acquisition Program. Funds available for new open space acquisition projects for the 1981-82 fiscal year will remain at approximately $2. 7 million (approximately the same level available during the 1980-81 budget year) . It must be noted that new land commitments for the 1980-81 year were overspent by approximately $2 . 0 million, effectively spending part of the funds that would have been available for 1981-82. Additionally, while new land acquisition funds have remained unchanged, inflation and appreciation have continued to push real estate prices up. The overall effect will be a further erosion of the District' s land purchasing power. Were it not for the $2. 4 million in expected grant reimbursements for completed projects, the 1981-82 new land commitments fund would be minimal. The general economic climate is already affecting local agencies. The District has not been successful in obtaining a new Federal Land and Water Conservation Fund grant for an acquisition project in the last two years. Although it is planned to submit two grant applications this year (for the Coplon and McNiel acquisitions) , it could well happen that funds will not be available (or would be quite limited) as a result of Congressional support of the federal administration' s plan to halt this program. Also, the Santa Clara County Parks Department, which has worked closely with the District to coordinate acquisition activities, antici- pates a freeze on its acquisition funds pending the Board of Supervisor' s solutions to the current County budget crisis. On the bright side, the voters of the State did pass the 1980 Park Bond Act which will provide approximately $780,000 for the District' s Skyline Scenic Corridor Project (from Route 92 in San Mateo County to Route 17 in Santa Clara County) . You also approved submittal of an application for a State Coastal Con- servancy Wetlands Enhancement Grant in the amount of $175 , 000, which includes the funding for acquisition of a parcel in the Cooley Landing area of San Mateo County. Acquisition efforts in the 1980-81 fiscal year resulted in the expenditure of $9,812,800 for land purchases, including approxi- mately $1.7 million in private financing at various rates favorable to the District -- 8Z and below. This total expendi- ture included the very successful Edgewood State College site joint project with San Mateo County, and other committed projects totalling $1. 4 million (Crittenden Marsh, Cooley Landing, and Peterson projects) . Two other committed projects, the Hassler and McNiel acquisitions, appear close to a conclusion. Not in- cluding the Windy Hill bargain purchase from Peninsula Open Space Trust, the District received land valued at $633,700 more than its documented market value; the Windy Hill purchase would in- crease this total to over $2. 0 million in gifts. R-81-21 Page 5 Not only was this the most active year from a dollar volume standpoint (approximately three times any previous fiscal year) , but the District also added 3,105 acres (including the Edgewood Open Space Easement) to the local open space resource (nearly 1, 000 acres more than any previous fiscal year) . This effort put the District over 10, 000 acres, a real milestone for an agency only nine years old. Significant areas such as Black Mountain, Borel Hill on Russion Ridge, Priest Rock (south of Highway 17) and Crittenden Marsh, the West Bay Associates and Leslie Salt Company properties at Cooley Landing, the District' s first Baylands parcels, were added to the open space inventory. One significant fact, aside from the increased activity in the acquisition program is that the District spent three times the money, but only acquired one-third more land than the previous years ' average, again illustrating the inflating prices of land. It is true, however, that the District was involved in some semi- urbanized properties (Baylands, Garrod property,and the Edgewood site) , and prominent, highly developable parcels (Russian Ridge and Black Mountain) , all of which had generally higher acreage values. The District also acquired some smaller parcels (the Schroeder and Smith properties) , which were valued on a site basis and cost significantly more on an acreage basis than the larger, undeveloped properties. A heavy acquisition load is expected again this next fiscal year because of the residual backlog of committed projects, the more difficult acquisition process associated with tight funding in a market of escalating prices, and the complicated nature of the necessary creative approaches to land acquisition (including the possibility of the exchange of density or property rights) . Two negotiations in 1980-81 ended in impasse and required the institution of eminent domain proceedings. However, one parcel settled not long afterward, and a previous action was settled without necessity of court action. On January 1, 1980 the District hired a temporary Land Acquisi- tion Representative to help with the acquisition program for one year. This assignment was completed in January, 1981, and has not been renewed or rebudgeted. A total of $151, 000 has been budgeted for direct expenses re- lating to land acquisition, such as appraisals, preliminary title reports, title insurance, legal fees , etc. This total is an increase of 10% over the 1980-81 budget and is mainly attri- buted to the costs of increased legal activity, engineering fees, and survey work associated with acquiring portions of larger parcels, and general cost increases in these fields. In excess of $3.7 million is allocated to previously committed projects. However, $1.4 million in previously committed projects was expended this past fiscal year, reducing this category to the lowest level in three years. The projects for which land acquisition funds have been previously committed and are being rebudgeted for 1981-82 are as follows: R-81-21 Page 6 Project Comments Hassler Health Home Negotiations nearing completion Los Gatos Creek Park Under eminent domain action by the Town of Los Gatos Bear Creek Redwoods State Park State Park project underway Monte Bello Open Space Preserve/ Under eminent domain action; McNeil Property negotiations nearing completion The open space acquisition budget also includes almost $1. 65 million for debt service (principal and interest payments) for retirement of notes and installment purchase contracts issued in exercise of the District' s borrowing power. Staff has been successful in negotiating over $1. 6 million in installment purchases this year, but the unusually high market interest rates have made negotiations for other than cash purchases difficult. Additionally, because of funds already expended, it is hoped that it will be possible to borrow money in the bond market, or obtain short term tax antici- pation loans. The total open space acquisition budget is structured for an aggressive program utilizing all of the financing resources available, and staff expects another active land acquisition year including additional cooperative projects and creative approaches to the preservation of open space. Contingency Items: Contingency funds in the amount of $800 would be needed -to implement the fullest type of "cafeteria-style" benefit plan. 2. Open Space Management Program. The Open Space Management Program continues to focus its activities on the provision of public access to the District ' s open space preserves, while maintaining a responsible level of stewardship. The successful Open Space Acquisition Program and increased public awareness of the District and its preserves have forced the Open Space Management Program to direct its emphasis toward providing for the safety and welfare of the preserve user by focusing on a maintenance program designed to meet increased user needs . Open Space Management Budget Policies : The emphasis of the Open Space Management budget polici��s-is to provide for continuing patrol and maintenance of open space preserves and to allow selected site development without impacting greatly the Open Space Acquisition Program. R-81-21 Page 7 As discussed in length in last year' s budget report (see report R-80-24 , dated May 22 , 1980) , the Open Space Management funding guidelines provide for a budget limit base of the 1979-80 budget base plus the greater of either a proportionate percentage change in the basic property tax revenue allocation or the Bay Area All Urban Consumer Price Index (CPI) change plus 2% per year. Other adopted guidelines allow three-year amortization of certain capital items and permit major capital site development items and Enterprise Subprogram costs to be excluded from the budget limit. The policies emphasize that the intent is to stay below the limit; the limit is not a budget target. The District' s property tax revenues for 1979-80 were $3 .015 million (including prior years redemptions and State tax relief subventions) . After upwardly correcting the 1979-80 budget base due to the loss of two "free" CETA positions and creating regular positions in their place, the adjusted budget base for 1979-80 was $434 , 800 . The budget limit calculations lead to the following numbers for 1981-82 : Limit if it were based upon change in property tax revenue $556 ,500 Limit if it were based upon change in CPI $560 ,900 Limit based upon change in CPI plus 2% per year $578 ,300 Last year there was considerable discussion among the Budget Committee and Board about the Consumer Price Index over-estimating actual cost of living increases because of the considerable weight given to housing cost increases in the Index calculations . Therefore , the limit without the extra 2% is of interest. How- ever, it is not clear that the CPI over-estimates inflation in salaries, benefits, services and supplies for District costs . It should be pointed that that the State Legislature is still trying to balance the State budget, and the District' s projected property tax revenue allocation could be reduced from the attached District budget projections . The following table shows how one would apply the budget guide- line policies to the 1981-82 Open Space Management budget to determine a figure to be compared with the budget limit : R-81-21 Page 8 Open Space Management Budget Factors for Fiscal Year 1981-82 For Comparison with Budget Guidelines 1) Budget Line Item Total $555 ,550 2) Less : Monte Bello Development Program ($ 33 ,000) (grant funded) 3) Less : Enterprise Subprogram costs —($ 14 , 800) SUBTOTAL $507 ,750 4) Plus : Vehicle Amortization from previous year $ 6 ,600 BUDGETED ITEMS COUNTED AGAINST BASE $514 ,350 5) Plus : Non-exempt contingencies $ 21,000 14AXIMUM AMOUNT WHICH MIGHT BE SPENT AGAINST BUDGET LIMIT $535,350 The $514 , 350 and $535, 350 figures are 12% and 16% greater, re- spectively, than the 1980-81 projected expenditures of $460 ,000 which count against the guidelines . The April 1981 CPI is 11% greater than that of April 1980 . Proposed Fiscal 1981-82 Budget: The proposed budget for fiscal year 1981-82 reflects an 18% increase in Open Space Management salaries and benefits over the 1980-81 budget level , due pri- marily to regular salary adjustments. The budget includes the conversion of the Coordinator of Volunteers position, which has been filled on a contract basis, to a regular part-time staff position and $5500 for the continuation of the temporary Environmental Analyst/Writer position for approximately six months. The services and supplies budget for the Open Space Management Program is 6% lower than the 1980-81 budget, and the fixed asset account is 28% lower than last year' s budget, although twice as large as projected expenditures. The total Open Space Management budget proposed for 1981-82 is approximately 5% greater than the 1980-81 fiscal year budget, and 15% higher than projected expenditures. The Budget Committee explored the reasons for these differences in depth. The Planning, Design and Development Subprogram' s major emphasis this year will be to implement, once final approval has been received from all parties ,the proposed Monte Bello Development Plan. A Land and Water Conservation Fund grant application was awarded, providing a 50% matching grant for the Monte Bello development project. Open Space Management programs will be directed to assess and recommend use and management plans for new sites; accordingly, R-81-21 Page 9 protection items such as fencing, gates, signs, and trail con- nections have been budgeted at $8700 . The Planning, Design and Development Subprogram also includes monitoring existing site use and recommending resource manage- ment plans such as vegetation restoration and fire management plans for open space preserves . Assessment of special project areas include the Picchetti Ranch historic preservation, the Hassler Health Home project, and the Thornewood restoration. The Operations, Maintenance and Volunteer Subprogram will con- tinue as a program of responsible land management. It includes patrol and maintenance of District preserves, the docent program, and the enlistment of other volunteer support to aid other District projects. The Enterprise Subprogram budget proposes a program level the same as the 1980-81 fiscal year. The Enterprise Subprogram was evaluated to compare revenues and expenditures for the current year versus next year. Fiscal year 1980-81 had enter- prise expenditures of some $14 ,900 to repair and maintain the rental structures and their water systems . The proposed enter- prise maintenance budget of $14 ,800 is based on projected structure maintenance programs and necessary road and utility maintenance. The revenues received in the current fiscal year should increase 15-20% in 1981-82 . Additional revenue will be realized from non-structure-related enterprise programs totaling $32, 500 . Contingency Items : Contingencies totaling $6 ,500 have been identified in the salaries and benefits category for the possible addition of a ninth Ranger to the staff and the possible change of three Ranger positions to lead ranger type of positions in the fourth quarter of the 1981-82 fiscal year. In addition, a $2 ,100 contingency has been discussed with the Budget Committee for the "outfitting" (i .e. uniforms and protective clothing) for a ninth Ranger and for additional training for rangers pro- moted to a lead ranger position. Both of these possible staffing changes would require Board discussion and approval before being implemented. In the event the fullest type of "cafeteria-style" benefit plan were implemented for District employees, $9400 has been identified as a contingency for members of the Open Space Management staff. A contingency of $3000 has also been identified for possible emergency operations and maintenance expenditures that may occur during the coming year. As a result of deliberations with the Budget Committee, an additional $3000 was also placed in various maintenance and operations budget accounts after the Committee completed its budget review in order to help assure that items were not being deferred that would lead to greater costs in the future. Finally, the next phase of the Monte Bello Open Space Preserve controlled burn project is treated as contingent upon approval of the grant application. Expenditures covered by such funding would be exempt from the budget guidelines. R-81-21 if Page 10 3 . Public Communications and Governmental Liaison Program. The Public Communications and Governmental Liaison Program for 1981-82 remains essentially the same as for 1980-81, with priority given to clear communication of the District's programs and goals to the public with the aim of generating greater public involvement and support. The program's total budget of $66 ,150 is approximately 10% higher than last year's budget. Over one-half of this increase is in salary adjustments . A new category for temporary se- cretarial/clerical help has been budgeted this year in the amount of $1,000 to accomodate peak workload periods . The total amount budgeted for contract services is somewhat smaller than last year. The major decrease is in graphics design/display and results from the postponement of plans to reprint the Master Plan. You had previously authorized a reprinting of the Master Plan, but it has been determined that there are enough copies on hand for projected needs during the next year. The money would be better spent on a brochure showing the location of all sites and designed consistently with site emphasis policy, when adopted. The publications now planned for 1981-82 are as follows : three issues of the Openspace newsletter, one update of the fact sheet, one annual progress report, one general site brochure as described above , and a reprint of the Basic Policy. The amount budgeted for photography has increased by 50% to cover the rising costs of materials and services . Another increase, under Contract Services , is for help with newsletter mailings . The only other significant increases are for printing and duplicating, where all costs of goods and services are on the rise, conference expenses , and for postage for the bulk mailing of newsletters and brochures. All other budget categories remain very nearly the same as 1980-81 , and some have decreased. Contingency Items : A contingency item of $2 , 300 has been iden- tified to cover the possibility of hiring a part-time public communications secretary later in the year or otherwise providing adequate support for the program if current staffing efforts prove to be unsuccessful. In the event the fullest type of "cafeteria-style" benefit system were implemented, $ 1500 has been earmarked as a contingency for the Public Communications and Governmental Liaison Program. R-81-21 Page 11 4. General Management and Program Support This activity, as noted in the proposed Action Plan for fiscal year 1981-82, includes those general management and program support activities assignable to more than one District program, such as accounting, office planning, personnel administration, ordering supplies and equipment, and general legal services. Fixed costs, State mandated costs, and other necessary operational costs are represented by many of the expenditures in this program which has, what staff considers, a "barebones" proposed budget for 1981-82. The proposed General Management and Program Support budget for 1981-82 is approximately 8% above the 1980-81 fiscal year pro- jected expenditures ($266, 950 compared to $247 ,100) . It should be noted that the percentage increase of the General Management and Program Support budget is significantly lower this year than last year because there are no major election expenses and be- cause staff, who had been in the process of extending the term of the lease agreement for the District office space on Distel Circle at this time last year, was able to include the actual rental figure ($27 ,100 annually) in this year' s proposed budget. Constantly increasing service costs and government approved rates are reflected in line items such as postage, office supplies, printing and duplicating, insurance, private vehicle expense, computer services, and maintenance and repair of District equip- ment. The General Management and Support Program also includes payroll service costs for all District employees. Like last year' s budget, the budget category of Contract Services reflects a pro- jected increase in auditor' s fees and the continuance of contract services related to personnel activities. Mr. Foss ' fees during the coming year are expected to decrease and have been budgeted at $5000. In addition, $4500 has been included in the budget to allow staff to engage other professional consultants who would provide training in areas such as organization development, group process, time management, and other skills. The proposed budget includes an increase of $4200 for Directors' fees. The total amount budgeted for these fees is $12,600, or a maximum of $150 per month -- or $75 per meeting. The Budget Committee will address this possible increase in Directors ' com- pensation in its budget report for the June 10, 1981 meeting. Contingency Items: The General Management and Program Support budget includes $3000 in contingency for the possible revamping of the current computer program for the District' s budget and expenditures in order to provide more detailed (and useful) in- formation on the costs of various projects and site-specific activities. It should be noted that staff has been investigating the possibilities of revamping the program without having to make major programming changes. R-81-21 Page 12 In the event the fullest type of "cafeteria-style" benefit system were implemented, $2,100 has been earmarked in contingency for Program Support. Recommendation: As noted in the Introduction, no action is being requested Of you at this time. The preliminary budget for 1981-82 will be presented at your meeting of June 10 , 1981, and at that time, I will recommend that you adopt the preliminary budget for fiscal year 1981-82. You will also be considering salary range increases at that meeting. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 22 , 1981 R-81-21 PRELIMINARY BUDGET BY PROGRAM (1981-1982 Fiscal Year) Public Communi- General Open Space Open Space cations & Management & Acquisition Management Governmental Program TOTALS Budget Category Program Program Liaison Program Support (All Programs) I . REVENUES A. Basic Property Tax $3, 397 , 000 Allocation B. Debt Service 1, 051, 841 Property Tax C. Prior Years 80, 0- - Redemptions D. Tax Relief 387 , 000 Subventions E. Interest 260,000 F. Grants 2 ,405 , 000 G. Enterprise 53 , 000 Activities H. Hassler Assessment 14 , 000 District I. Other 1, 000 $7 , 648 , 841 II. TOTAL RESERVES ($1 ,854 , 5w s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Page Two R-81-21 PRELIMINARY BUDGET BY PROGRAM (1981-1982 Fiscal Year) Public Communi- General Open Space Open Space cations & Management & Acquisition Management Go*vernmental Program TOTALS Budget Category Program Program Liaison Program Support (All Programs) [II. EXPENDITURES A. Debt Service-Land 1. Interest $ 408,330 $ -0- $ -0- $ -0- $ 408 , 330 2. Principal 1, 188,393 -0- -0- -0- 1, 188 , 393 SUBTOTAL $1, 596,723 $ -0- $ -0- $ -0- $1 , 596 ,723 B. Debt Service-Other 1. Interest $ 60, 000 $ -0- $ -0- 400 60,400 2. Principal -0- -0- _0- 2, 050 2 , 050 SUBTOTAL $ 60, 000 $ -0- $ -0- 2, 450 $ 62 ,450 C. Salaries & Benefit. 1. Directors' Fees $ -0- $ -0- $ -0- 5 12, 600 $ 12, 600 2. Board Appointees -0- -0- -0- 52, 400 52 , 400 3. General Manager 77 , 400 293, 900 24 ,850 56 , 600 452,750 Appointees 4. Fringe Benefits 15, 300 62,100 3 ,350 27 ,100 107 , 850 SUBTOTAL $ 92,700 $ 356, 000 $ 28 , 200 148 ,700 $ 625, 600 D. Services & Su lie w 1. Legal Services $ 10, 000 $ -0- $ -0- $ 38 ,800 $ 48 ,800 2. Regular Outside- 2,700 1,200 1,200 5,700 10,800 Services 3. Contract Services 25,500 6,550 14 ,850 13,500 60,400 4. Election -0- -0- -0- 1,000 1,000 5. Library and 500 450 650 100 1,700 Subscriptions 6. Dues & Memberships 50 250 150 50 500 7. Land Option Fees 500 -0- -0- -0- 500 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Page Three R-81-21 PRELIMINARY BUDGET BY PROGRAM (1981-1982 Fiscal Year) Public Communi- General Open Space Open Space cations & Management & Acquisition Management Governmental Program TOTALS Budget Category Program Program Liaison Program Support (All Programs) S. Rents & Leases $ ._0_ $ 2, 050 $ 100 $ 27 ,100 $ 29, 250 9 . Utilities -0- 8 ,400 -0- 7 ,200 15, 600 10 . Postage -0- -0- 1,600 4 ,500 6 ,100 11. Printing and 500 5,250 13,200 5,500 24 , 450 Duplicating 12. Audio-Visual -0- -0- 500 -0- Presentations 13. Insurance -0- 17 , 000 -0- 2,200 19, 200 14 . Advertising 300 900 100 600 1,900 15- Maps/Aerials 550 900 -0- -0- 1,450 16 . Private Vehicle 3,500 3, 250 400 3, 000 10,150 Expense 17. District Vehicle -0- 47 ,800 -0- -0- 47 , 800 Expense 18 . Conference Expense 1, 650 . 2,200 4 ,050 1,500 9, 400 19 . Training & Seminars 300 4 ,550 400 400 5,650 20 . Equipment Repair -0- 4 ,350 150 1,500 6, 000 and Maintenance 21. Office Supplies/ 300 500 450 2,100 3, 350 Small Equipment 22 . Field Supplies/ -0- 5,850 -0- -0- 5,850 Small Equipment 23 . Site Operation, -0- 37, 100 -0- -0- 37,100 Maintenance & Repair 24 . Property Taxes -0- 900 -0- -0- 900 25. Miscellaneous 100 -0- 50 100 250 SUBTOTAL $ 46, 450 149,450 37 ,850 114i850 348 ,600 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Page Four R-181-21 PRELIMINARY BUDGET BY PROGRAM (1981-1982 Fiscal Year) Public Communi- General Open Space ' Open Space cations & Management & Acquisition Management Governmental Program TOTALS Budget Category Program Program Liaison Program Support (All Programs) D . Fixed Assets 1. Committed Land $3,717 , 500 $ -0- $ -0- $ -0- $3,717 ,500 Purchases 2. New Land Purchases 2, 200, 000 -0- -0- -0- 2, 200, 000 3. Opportunity 500, 000 -0- -0- -0- 500, 000 Purchases 4. Site Acquisition 151, 000 -0- -0- -0- 151, 00U Expense 5. Site Preparation 250, 000 -0- -0- -0- 250,000 Expense 6. Structures and -0- 48 , 050 -0- -0- 48 , 050 Improvements 7. Field Equipment -0- 1,200 -0- -0- 1, 200 8. Office Equipment 350 . 850 100 950 2 , 250 SUBTOTAL $6,818 ,850 $ 50,100 $ 100 $ 950 $6 ,870, 000 TOTAL OF ALL $8 , 614 ,723 $ 555, 550 $ 66 ,150 $ 266 , 950 $9 , 503 , 373 EXPENDITURES TOTAL EXPENDITURES $ 290, 500 $ 555,550 $ 66 ,150 $ 264 , 500 $1,176 ,70U EXCLUDING LAND, DEBT SERVICE AND SITE PREPARATION M-81-52 (Meeting 81-14 0 10"M May 27 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 21, 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Follow-up on Issues and Questions from Site Emphasis and Program Evaluations Workshops Discussion: At your meeting of April 22 , 1981, the discussion of a possible ranger ride-along program and the follow-up on issues and questions relating to site emphasis, including a policy statement on the publicity guidelines related to site emphasis , was deferred to the next meeting when all Board members were present. Assuming that all members of the Board will be in attendance at the May 27 , 1981 meeting (and assuming time permits) , this item has been placed on your agenda. The written material for this discussion was included in your packet for the April 22 meeting. Recommendation: I recommend that you approve the summary of the Board's actions and decisions to date as a statement of policy and adopt the publicity guidelines related to site emphasis policy. I also recommend that the possible ranger ride-along program be discussed. C-81-11 May 27, 1981 Meeting 81-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S A Amount Name Description 2144 247 . 30 CA Water Service Co. Utilities 2145 7 . 50 Campus Report/Stanford Univ. Subscription-One Year 2146 135 . 73 Communications Research Co . Radio Equipment Maintenance 2147 33 . 55 The Dark Room Black and White Publicity Shots 2148 40 .00 Excel Pool and Patio , Inc . Pool Maintenance 2149 56 . 33 John Escobar Reimbursement-Uniform Pants and for Sewer Service Maintenance 2150 550 . 00 Foss and Associates Personnel Consulting-April 2151 7 . 18 Foster Bros . Security- Key Duplicates Systems , Inc . 2152 74. 26 The Frog Pond Meal Conference-Budget Comm.and Public Notification Comm. 2153 10 . 65 W.W. Grainger, Inc. Site Maintenance-Parts 2154 199 . 89 , Hubbard And Johnson Locks for Picchetti Buildings 2155 26 . 63 Image Technology, Inc . Picchetti-Mylar Enlargement 2156 10 . 28 Kragen Auto Supply Supplies for District Vehicles 2157 400. 00 Mr. & Mrs . Jens-Karl Kroijer Deed of Trust Payment-May 2158 249 . 43 Los Altos Stationers Office Supplies 2159 560. 72 Minton's Lumber and Supplies Hardware And Building Materials , Paint ,Plumbing and Electrical Supplies ,Two French Doors for Fremont Older Adobe. 2160 780 . 00 Orchard Supply Hardware Shop Supplies ,Fence Posts and Barbed Wire for Page Mill Fence 2161 25 . 00 Jean Fiddes Reimbursement for Unemployment Seminar(Peninsula Unemployment- Insurance Council) 2162 10 . 76 Rancho Hardware Shop Supplies 2163 70 . 00 University of CA Extension Writing Course-Jean Fiddes 2164 40 . 00 County of San Mateo Agenda and Minutes-One Year 2165 43. 00 Pat Starrett Reimbursement-Seminar :People- for Open Space 2166 500. 00 U.S . Postmaster Postage 2167 10. 64 Victor Shop Supplies-Oxygen 2168 200. 74 Xerox Installment Payment C-81-11 May 27, 1981 Meeting 81-14 Amount Name Description 2169 $ 733. 00 Kathy Blackburn Contract Services-May 2170 169 . 88 Herbert Grench Agenda Breakfast and Out-of-Town Meeting Expense 2171 31 . 00 William Upson Consulting Services 2172 126 . 60 Steven Sessions Private Vehicle Expense -'and Reimbursement for Seminar Expenses 2173 144.00 Regents ,University of CA Trails Symposium-Steven Sessions 2174 93. 72 Geo. H.. Wilson, 'Inc. Repair Weather Station 2175 25 .53 Norney' s. Office Supplies 21.76 150. 00 Jean .Fidd' es Postage Meter Advance C-81-11 .fay 27,1981 Meeting 81-14 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Description 2144 247. 30 CA Water Service Co. Utilities 2145 7 .50 Campus Report/Stanford Univ. Subscription-One Year 2146 135 . 73 Communications Research Co . Radio Equipment Maintenance 2147 33.55 The Dark Room Black and White Publicity Shots 2148 40 .00 Excel Pool and Patio , Inc . Pool Maintenance 2149 56 . 33 John Escobar Reimbursement-Uniform Pants and' for Sewer Service Maintenance 2150 550 . 00 Foss and Associates Personnel Consulting-April 2151 7 . 18 Foster Bros . Security- Key Duplicates Systems , Inc . 2152 74. 26 The Frog Pond Meal Conference-Budget Comm.and Public Notification Comm. 2153 10 . 65 W.W. Grainger, Inc. Site Maintenance-Parts 2154 199 . 89 , Hubbard and Johnson Locks for Picchetti Buildings 2155 26 . 63 Image Technology, Inc . Picchetti-Mylar Enlargement 2156 10 . 28 Kragen Auto Supply Supplies for District Vehicles 2157 400. 00 Mr. & Mrs . Jens-Karl Kroijer Deed of Trust Payment-May 2158 249 .43 Los Altos Stationers Office Supplies 2159 560. 72 Minton's Lumber and Supplies Hardware And Building Materials , Paint ,Plumbing and Electrical Supplies ,Two French Doors for Fremont Older Adobe. 2160 780. 00 Orchard Supply Hardware Shop Supplies ,Fence Posts and Barbed Wire for Page Mill Fence 2161 25 . 00* Jean Fiddes Reimbursement for Unemployment Seminar(Peninsula Unemployment- Insurance Council) 2162 10 . 76 Rancho Hardware Shop Supplies 2163 70. 00 University of CA Extension Writing Course-Jean Fiddes 2164 40. 00 County of San Mateo Agenda and Minutes-One Year 2165 43. 00 Pat Starrett Reimbursement-Seminar :People- for Open Space 2166 500. 00 U. S . Postmaster Postage 167 10. 64 Victor Shop Supplies-Oxygen 12168 200, 74 Xerox Installment Payment G-81-11 Kevisea May 27,1981 Meeting 81-14 Amount Name Description 2169 $ 733.00 Kathy Blackburn Contract Services-May 2170 169 . 88 Herbert -Grench Agenda Breakfast and Out-of-Town Meeting Expense 2171 31 . 00 William Upson Consulting Services 2172 126 . 60 Steven Sessions Private Vehicle Expense ,and Reimbursement for Seminar Expenses 2173 144.00 Regents ,University- of CA Trails Symposium-Steven Sessions 2174 93 . 72 Geo. H, Wilson, 'Inc. Repair Weather Station 2175 25 .53 Norney' s. Office Supplies 21'76 150. 00 Jean 'Fiddes Postage Meter Advance 2177 148. 39 Petty 'Cash I Postage for"Open Space", Private- • Vehicle Expense ,Office Supplies , Meal Conferen' ces ,'Out-of-Town • Meeting Expenses , and Subscriptio SACRAMENTO ADDRESS: COMMITTEES STATE CAPITOL Elections and Reapportionment SACRAMENTO, CALIFORNIA 95814 Vice Chairman (916) 445-818$ Talifornin if rgislaturr Education nd Taxation DISTRICT OFFICE: 621 MIDDLEFIELD ROAD REDWOOD CITY, CALIFORNIA 94063 (415) 365-1426 ROBERT W. NAYLOR ASSEMBLYMAN, TWENTIETH DISTRICT CHAIRMAN 'J . ASSEMBLY MINORITY CAUCUS 13 May 20, 1981 Mr. Herbert Grench • General Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Dear Herb: Thank you for your May 8 letter on my AB1749, regarding swamp and overflow lands. The bill was originally drafted incorrectly and your reaction is probably to that draft. Enclosed is a copy of the bill in its present form. The measure is no longer opposed by the State Lands Commission, and it passed the Assembly Energy and Natural Resources Committee on a 13-0 vote, with no opposition expressed by any groups or individuals. It represents simple equity to landowners whose own actions have created navigable waters, and even the State Lands Commission recognizes this. You will note that the public' s navigational easement is guaranteed under AB1749. I appreciate the opportunity to clarify this matter. S' ely Ro ec�W. Naq, � RWN/kem gx \\1'L11'1 ,VJDP,-:u\7 IT3SLJLA REGIMAL OPI-AN SPACE DISTRICT I TO: BOARD OF DIRECTORS FROM: H. GRENCH, GENERAL MANAGER SUBJECT: F.Y.I. DATED: 5/22/81