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HomeMy Public PortalAbout19810928 - Agendas Packet - Board of Directors (BOD) - 81-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 NOTICE There will be a Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District on Monday, September 28 , 1981, beginning at 7: 30 P.M. at the District office, 375 Distel Circle, Suite D-1, Los Altos , California. Among other agenda items , the Board will be considering the adoption of a Resolution Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use, to Wit: for Public Park, Recreation and Open Space Purposes , Describing the Properties Necessary Therefore and Authorizing and Directing its Retained Legal Counsel to Do Everything Necessary to Acquire All Interests Therein (Lands of the California Province of the Society of Jesus) . This resolution refers to a portion of the Novitiate property. A map showing the location of the District office appears on the back of the notice. Herbert A.Grench,General Manager 9/18/81 Board of Directors:Katherine Duffy,Barbara Green,NonetteG Hanko,Richard S.Bishop,EdwardG Shelley,Harry A Turner,Daniel G.Wendin 101 1 01 - -- Bayshore Freeway �N N 85 W o Central t� Ex r ai al Ex resswa m > 0 4-, 0 El Cam' m o x El Camino Real Carl Jr's.—- -•A ,� > --Grand China Restaurant x Walther's D�� b Midpeninsula Regional Open Space District M 375 Distel Circle, Suite D-1 m �N Los Altos r �c •� (Suite D-1 located in the single-story, mbrown shingle office building) w o ; t 1 Foot ; .il es PA way �s �od 280 280 Junipero Serra Freeway ting 31-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Special meeting Board of Directors A G E N D A Monday 375 Distel Circle, Suite D-1 September 28, 1981 Los Altos, California (7 : 30) ROLL CALL APPROVAL OF MINUTES - September 10 , 1981 WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED (7 : 45) 1. Proposed Los Gatos Creek Park Acquisition Project (Novitiate Property) -- H. Grench a) Approval of Execution of Amendment to Joint Powers Agreement Resolution Approving and Authorizing Executing of Amendment to Joint Powers Agreement for Purchase of Real Property b) Determination of Public Necessity Resolution Finding and Determining that the Public interest and Necessity Require the Acquisition of Certain Properties for Public Use NEW BUSINESS WITH ACTION REQUESTED (8 : 45) 2. Review of Edgewood Park Plans Being Considered by San Mateo County -- H. Grench (9 : 45) 3 . Program Evaluation for the 1980-1981 Fiscal Year -- H. Grench (11: 15) 4 . Scheduling of Special Meeting -- H. Grench (11: 20) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION - Land Negotiations ADJOURNMENT TO ADDRESS THE BOARD: When an item you'te conceAned with appears on the agenda, ptease addmm the Boated at that time; otheAw&se, you may add,tez,s the Boated undeA OAat Communicationz. When itecognized, ptease begin by stating yom name and address. Conciseness is appreciated. We uquat that you compf-ete the {otLms ptovided so youA name and ad- cttas can be accwLatety inceuded in the minute. 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 81-22 Ail MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS AI-T OS.CALIFORNIA 94:22 (415) 965-4717 Special Meeting Board of Directors M I N U T E S September 107 —1981 I . ROLL CALL Vice President Daniel Wendin called the meeting to order at 7 :39 P.M. in the Council Chambers of the Los Gatos Civic Center, 110 East Main Street, Los Gatos . Members Present: Katherine Duffy, Daniel Wendin, Barbara Green, Edward Shelley, Nonette Hanko and Harry Turner. Richard Bishop arrived at 7 : 50 P.M. during the slide presentation. Personnel Present: Herbert Grench, Craig Britton, Del Woods , Charlotte MacDonald, Jean Fiddes , Stanley Norton, Pat Starrett, Eric Mart, and Dennis Danielson. II . PROPOSED ACQUISITION OF A PORTION OF THE NOVITIATE PROPERTY FOR LOS GATOS CREEK PARK a) Staff Presentation D. Wendin stated the purpose of the meeting was for the District to review the proposed Los Gatos Creek Park project and to receive public comments on the project. He stated public comments should be made in the following order: Novitiate representatives , persons speaking in behalf of organizations , and individuals . He noted no Board action was intended on this item at the meeting, except for deciding whether to schedule this matter for another public meeting. H. Grench introduced District staff in attendance, and reviewed the project 's history, noting the project had formally gotten underway in April 1981 when the District and the Town of Los Gatos adopted a Joint Powers Agreement for the joint acquisition of a portion of the Novitiate property. He said funding for the Project would come from a federal grant, with the rest of the acquisition costs being split fifty-fifty by the Town and the District, and noted that in April, the Town also adopted a Resolution of Public Necessity requiring acquisition of the property. He stated the staff report focused on three questions : (1) Is the subject property desirable for public open space? (2) Should public acquisition of this property be actively pursued, including the exercise of the power of eminent domain, if necessary? and (3) When and if the subject area is acquired for public open space and recreation, what are the potential and proper uses for the property? C. Britton reviewed the staff report, R-81-38 of September 4 , 1981, and D. Woods presented slides of the property. C. Britton noted that the property contains three grassland hillls that serve as the dominant Herbert A Grench.Gene,,a:,vdnjgPr Board of D,recrors:Katherine Duffy.Barbara Green,Nonette G Hynku R.chy:S 13.shop Ecfv3,d G Sne:,s y --y A %,r. - Darrel G '.%erC-- Meeting 81-22 Page two scenic backdrop for the Town of Los Gatos and form prominent landmarks visible from Highway 17 ; that the property was used by joggers and eauestrians; that the property, due to its location adjacent to a reservoir recreational area with easy access to a State highway would have regional recreation significance; that the current zoning for the property was A-20S; that portions of the property were rated in the highest composite scoring of the District's Master Plan; and that trails on the property would connect with the Lexington Reservoir recre- ational area and with streets leading to the center of the Town of Los Gatos. C. Britton stated the Sacred Heart Novitiate and winery adjoin the project area to the northeast; that the Novitiate has ceased to operate as an instructional institution; that the vineyards are no longer cultivated; that the buildings adjacent to the property area serve as a retirement home and administrative center; and that the project area did not include any of the developed area. He said these private facilities would be situated on approximately 40 acres of land remain- ing in the Novitiate holdings. He stated the Jesuits owned other land in the vicinity, about 1600 acres, and noted the Alma College site had been marketed and the Sisters of Charity property is currently for sale. He stated, according to a brochure he had seen, that $10 million was needed to be raised by the Church to endow the retirement facilities , and that the best source of funds would be the land investments which could be sold off. He reviewed previous acquisition efforts for the property, and noted the Town had been awarded a federal Land and Conservation Fund grant for approximately $465, 000. He noted the project area would become a low development park and open space complement to the adjacent reservoir recreational area, noting that the Joint Powers Agreement included the provision that the Town take over the property, after the District' s initial management, in order to further develop the property into parks with high intensity use. Ile noted that the use ane. management recommenda- tions contained in the report wouia be subject to further public hearing, noting that details proposed on the map he reviwed at the meeting were schematic in nature. N. Hanko asked if the property was in the Los Gatos' Sphere of Influ- ence, but not in the Los Gatos Urban Service Area. C. Britton responded that it was in the Sphere of Influence , but not in the Urban Service Area. D. Wendin opened the meeting for public comment, requested that people address the three questions which were the focus of the staff report, and speak in the order previously outlined. He stated, with the Board' s concurrence, that, while the District at this point in time had made no decision to move forward with the resolution of necessity, in the event the District did so, the evening' s proceedings and the public ' s input would be considered a part of the public record at that time. Meeting 81-22 ,ge three Father James Brennan, Financial Officer for the California Province of the Society of Jesus, stated he had not had time to review the report and would not be commenting on it at this time. He said the Province did not want to sell the Novitiate property, noting the Province had been in the area for 100 years with the facilities being used initially for the training of young men, growing grapes, and operating the winery. Citing that the load of the training had been shifted to Southern Cali- fornia, Father Brennan stated the facilities had been converted to a retirement center and an infirmary, and also currently housed the head- quarters for the Province. He said the facilities were also used for retreats for religious and lay people. He noted that because of the retreats and the need for privacy at the retirement facilities, the property was needed by the Church and was important to the facility. He stated he viewed the property as private property, noting taxes were paid on it. He said the property was an asset to the Church' s well- being and purposes, explaining he had to have assets such as this in order to finance other operations . He noted the property was a security and that the Catholic Church historically treasures its property and does not buy or sell it like a real estate agent. Ile said the property was important to support the buildings, the retirement center, and the Province ' s religious activities . Father Brennan stated the Province had no desire to sell the property to anyone at this time and was not interested in conceding to any negotiations with the District. In closing, he reiterated "we do not want to sell the property" . D. Wendin requested the people addressing the Board limit their comments to five minutes and asked any individuals representing organizations to address the Board at this time. Linda Elkind, 2040 Tasso Street, Palo Alto, representing the Committee for Green Foothills, stated the Committee supported the District' s pro- posed acquisition of a portion of the Novitiate property for public use. She stated that before 19781 the Committee had believed the property should remain as open space for public use. She stated the Committee felt the property should be public open space for the following reasons: (1) it is a prominent viewshed from Highway 17; (2) it is close to existing public recreational land and would provide continuity of land use and enhanced recreational opportunities; (3) it is close to a rapidly growing population center and is less than one- half hour ' s drive from San Jose, Santa Clara, and Campbell , which have a combined population of almost three-quarters of a million people; and (4) there was easy access to the property by major highways, making the property available to people living in the mid and southern Parts of Santa Clara County. John Lochner, representing the Parks Protection Leagued explained the background of the Town' s interest in acquiring the property. He noted that in 1977 and 1978, the Town did enter into negotiations with the Novitiate . He said the negotiations were entered into because of the possibility of acquiring the Federal grant and that the Town Manager was directed to attempt to make contact with the representatives of the Novitiate and enter into negotiations to see if there was some Meeting 81-22 Page four potential of acquir,,ig the site in the event .te Novitiate wanted to do something with the site. He said that the Council was informed of the negotiations, that the Novitiate at that time was interested in further proceedings , and that the Town did authorize the Town Manager to have the County Assessor appraise the property. He said that, at no timeldid the Council indicate by any means whatsoever that the Town would be in a position or would be placed in a position to condemn the Property, and that it was only if the property were faced with de- velopment that the Town would proceed any further. He said the initial contacts by the Town were peaceful negotiations in an attempt to keep the property in open space. He outlined the current history of the Town' s parks programs, noting the program was completed at this time and that the program' s budget (currently $400, 000) was currently facing budget cuts. He stated he would like to see the Novitiate land remain in open space and askeCL why the District and Town should be spending their funds in this area to acquire the site and develop P it when there was no threat of development being posed by the Novitiate. Ile noted the El Sereno Pre- serve was close to Town, but had no development except minor trails and encouraged the District, if development were necessary, to develop the El Sereno Preserve. He said there was no threat of development on the Novitiate property at this time and that condemnation was morally wrong unless there was a proven necessity for the good of all people. He stated the Novitiate property was not in the Town' s urban service area since such land placed in the urban service area is land planned for development within a five year period noting there have been no proposals for development of the Novitiate property. Ile said costs of the pro- posed use of the property (campsites/high intensity use) were unacceptable to taxpayers of the Town of Los Gatos. He said the recommendation of the Parks Protection League was for the Town and District to enter into peaceful negotiations with the Novitiate in the event the property becomes a burden upon them and they were forced to sell; then Town and District should make plans to acquire the property at that time to preserve it as open space. Jack Panighetti, 101 South Santa Cruz Avenue, Los Gatos, Chairman of the Parks Protection League, posed the following questions to the Board: (1) has a survey ever been made as to the need for another park in the area; (2) would the District help the Town of Los Gatos pay the bill of $30, 926. 28 that the Jesuits had filed for the Town ' s lawsuit, and if so, how much; and (3) what are the attorney fees for the attorney hired by the District for the lawsuit by the Town that failed and who is going to make this payment. D. Wendin responded staff would respond to the first question at the end of the meeting and asked staff to respond to the other two questions at this time. 11. Grench responded that he was not aware at this time of any bill submitted by the Jesuits and did not know that, in anv event, whether the Court would finally award the amount. He said the Question of whether the Town or the District were liable for those expenses would be resolved through legal procedings. Ile said the Joint Powers Agree- ment called for the District and the Town to pay jointly for the Town ' s Meeting 81-22 Page five and District' s legal expenses. The question of the legal expenses for this particular bill had not been resolved, and it had not been estab- lished that it was actually an expense. He said the District had paid approximately $5, 000 for the District' s attorney ' s fees. Harry Cohen, El Gato Penthouse, #43 , 20 East Main Street, Los Gatos, speaking on behalf of the Council of Aging of Santa Clara County and Mr. Lendin Farber, President of the Zoological College in Berkeley, stated there was no reason for the District to acquire the property, that development of the property would bring an unwanted type of people to the property, and the District should "stay off" . Barbara Reed, 5 Montebello Way, Los Gatos, President of the Los Gatos Chamber of Commerce, said the group was interested in the project and opposed to it, noting it would be the subject of the group' s next legislation meeting. D. Wendin requested that Ms. Reed review the material available at the meeting and contact staff if she wanted any other material. Kathryn Morgan,- 142 Wheeler Avenue, Los Gatos, President of the Los Gatos Homeowners ' Association, stated she was speaking for the or- ganization only insofar as to what the group' s aims and by-laws were. She noted by-laws state one of the main purposes of the organization is to preserve the foothills environment of the Town of Los Gatos. She said preservation of open space must be viewed in the long term; i.e. what land can be preserved for 100 or 200 years from now, and thanked the District for investigating the possibility of doing that. She felt it was desirable to preserve the Novitiate land as open space because of its accessibility and viewability from the Town.' She noted that when the Town drew up a hillside plan for the Town, the Jesuit brothers at that time asked for an R-1 zoning (single family residential zoning) on at least part of the property and felt this fact should be brought up as a matter of the public record. She discussed the more lax County building controls, citing the example of Montezuma Hills and its land- scape scars, erosion, and the building on the ridgelines. She said it would be an incalculable loss if the same thing were to happen on the Novitiate property. She hoped that something could be worked out with the Novitiate, noting that it was a wonderful opportunity to connect with the Lexington recreation area and other open space areas and thanked the District for its far-sightedness . Egon Jensen, 182 Lester Lane, Los Gatos, President of the Los Gatos Tax- payers Organization, noted the previous discussions to acquire the property had been almost without knowledge of the public, and stated he felt the Joint Powers Agreement was the most loosely written agree- ment he had ever seen. He said he would riot like to see this property developed into single family dwellings and said an alternative to con- sider was the buying of development rights . Ile urged the District not to act in haste on the matter. --a-oGqojd aq p1nom X4jodoid otlq quq-4 o.)uuansse oq off. 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She posed questions on the Joint Powers Agreement , including the limit of out-of-pocket expenses; what would happen if the value of the property was more than the grant; what if grant funds became unavailable; how would the Town be expected to patrol the property; how and why would the District manage the site ; what is the definition of the easements ; and what if there is disagreement between the two parties if a sale of surplus was contemplated. She said she felt this land was private property , that this type of condemnation did not qualify as a public necessity , and asked if more open space was genuinely needed in light of the current park acreage in the County . She stated she was concerned about problems that would be encountered if the land :•:as an open space park, citing specifically fire hazard. She said the Los Gatos taxpayers should be asked how they would like their tax dollars spent and their lands used and asked what the cost would be to have a District-wide advisory vote at the next General Election . Patrick Hazel , 229 Elmwood Court, Los Gatos , protested the "illegal taking" of the Novitiate property, noting he felt neither the Town nor the District had the jurisdiction to condemn the Novitiate property. 171e felt there was already enough open space in the area and that tne con- tinuance of the proceedings against the Novitiate was an obstruction of constitutional rights. Preston Hill, 33 Peralta Avenue, Los Gatos, expressed his concern about the method of acquisition of the property, not because of condemnation itself, but because of the strained relationship coming into existence between the District and the Town. He asked what provision there was in the Joint Powers Agreement for the contingency of the failure of the Town ' s lawsuit or for the possibility that the condemnation award might come in over budget. Quoting from the staff report, he asked if only three residential lots could be developed on the site. C. Britton responded that the particular density matrix was done under the current zoning of 20-S in the County of Santa Clara, noting that zoning and general plans can change , and in fact, had changed on this property. He noted that the property was in the County, not the Town, and stated that Montezuma' s Ridge was an example of what could happen . Mr. Hill said zoning had changed to become more strict on the Novitiate property. He said under the County ' s current zoning, a Montezuma Hill- type subdivision was impossible in the area being discussed. Ile stated he personally had no desire to see the property be anything but what it is right now, said it was possible to purchase development rights in a lump sum, rather than having annual payments. He noted that it might someday be necessary to use property for something other than a park, that the Jesuits were maintaining the area in practically an ideal situation, and that there should be no real reason to change the land' s status. Ile asked whether the District feels that since the original negotiations and condemnation lawsuit failed, that the Town is committed to paying half the costs of acquisition, and asked where this informa- tion was embodied in the Joint Powers Agreement. meeting 81-22 Page eight Dr. Bernard Ilymel. , -3 Ambassador Court, Los _os, a neighbor of the property, discussed public safety problems on the property and at L_x- ington Dam, including the carrying of firearms and assaults. Ile did not feel the nature of the Novitiate propery would allow it to be properly patrolled and said there was not adequate park staff in the 'Town. lie said the Alma Bridge Road is a bad route for heavy use or w�2ekends and said the development of a formal park and hiking area on the property would mean increased delinquent young people use activities and other illegal activities . He felt the property was less useful as a public recreation area compared to other areas , noting the steep areas, incomplete roads , difficult tO patrol , and said there was currently enough recreational space in the County. Dr . David Leeson, 15300 Blackberry Hill , Los Gatos, said, with respect to desireability, the Lexington area was already overcrowded and that Highway 17 and Alma Bridge Road were impassable on the weekends and that he did not think the area required any futher development . He said the area is a fire hazard area and increased public use would create a greater fire hazard area beyond the District' s control . fie said he felt there was enough open space area in the Los Gatos area and stated he was; against the District exercising condemnation of, this sort, because he did not feel the true value of the property could be set . lie said he trusted the Jesuits to keep it in open space and that he did not trust the open space district since land adjacent to his , which had been owned by the District, had been sold for development. Robert Hamilton, 368 Bella Vista Avenue, Los Gatos , asked how many rangers the District employed, their salary range, how they would police- the property, and what authority they would have in making arrests . Ile stated he had a great fear that if the District was able to take the property away from the Novitiate, for which he could see no clear rea- son, that as a private citizen, he would greatly fear condemnation of his own property. Philip Trautman, 107 Cherrywood Court, Los Gatos, asked why the District had joined with the Los Gatos Town Council in pursuit of the venture , noting the Council did not necessarily have the support of the towns- people. lie asked how the District was funded and stated his opposition to the exercise of eminent domain. He felt it was unnecessary to -,Lake any condemnation action and was a great waste of public money and time. Leila Naslund, 19301 Bear Creek Road, Los Gatos, felt the land should he open space, and was open space now while in private hands. She said she had 800 signatures on a petition which states that, in general, not only in this instance , but with the proposed Bear. Creek Park, that the taxpayers ' money be used for development of currently owned land, rather than for acquisition. She stated her opposition to eminent domain �ro- ceedings , noting the property was not of a necessity to the public since it was now open space and discussed access problems on and off Highway 17. Clifford Winger, 300 College Avenue , Los Gatos, expressed his opposition to the acquisition of the property since it was currently open soace at this time. lie said the taxpayers ' money should be saved. D.iane Forsythe , 140 Whitney Avenue, Los Gatos , felt condemnation of the property would be like robbery and that the District would be stealing t'n-, property. 81-22 Page nine Catherine Smith, 122 Whitney Avenue, Los Gatos , categorized into three groups the people who had addresse-j the Board : 1) neighbors living near the property who have enjoyed using the property for many years and do not want anyone else to; 2) the type of people she labeled "I 've got mine and you 'd better not try to get any of it" ; and 3) the political outs . She noted that four -years ago an election had been held to elect ne�s public representatives on the basis of "enough is enough" . She said the Town Council had publicly discussed the matters relating to the. Novitiate acquisi- tion and that nothing had been kept a secret. She said that fifteen years ago people had wanted to develop Vasona Park as office buildings because they said the park was not being used and she challenged anyone to make that statement tonight. She said she had lived in the Valley all her life and had seen w1hat had happened to open space and that she thought anyone who had looked at the pictures taken from Blosson Hill Road down over the Valley would say that open space is needed. Bobbie Crafford, 16830 Sheldon Road, Los Gatos , stated open space is desireable, but the El Sereno Open Space Preserve was already in the area and was under"utili7ed. She said the preserve presented many problems such as motorcycle use , illegal fires, illegal use of access roads, and therefore she opposed development of the ovitiate property because the same problems would he faced. She had previously addressed the Board on the problems at El Sereno and that there do not appear to be sufficient funds to maintain what the District already owned. She stated her opposition to the exercise of eminent domain to acquire this private property. Robert I-luckell, 17920 Daves Avenue , Monte Sereno, stated the '.Novitiate property was not a functional piece of property for a Dark , and should not be purchased simply because it was a scenic viewshed. lie felt the District should use its money on property people can use. Kathryn Morgan, read a letter, addressed to the Board of Directors and dated September 9 , 1981, from Mrs. John Lincoln, 58 alpine Avenue, Los Gatos, in which Mrs. Lincoln stated she was very much in favor of the acquisition of the Novitiate property as open space and expressed her strong support of the concept. She said it had always been her hope that the hills and background of Los Gatos would be nreserved as a park and that the preservation of these hillsides would mean a great deal to the Town. Dominic Sallitto said that property rights are not absolute , noting that the District should not have to institute legal proceedings against the Novitiate since they should be charitable enough to donate to the community the property for which they no longer have use . D. Wendin declared a recess at 10 : 01 P.M. 'The Board reconvened for the meeting at 10 : 19 P.M. D. Wendin asked staff to respond to some of the issues raised during the public comments, specifically : a review of the Joint Powers Agree- ment with the Town of Los Gatos; patrol , maintenance and fire hazard; access to the property; funding available to the D'Istrict; cost of an election; and purchase of development rights. Ile stated that if ques- tions were not adequately answered during the meeting , members of the audience should contact the staff via a phone call or letter, or in the event the Board did schedule further consideration of the matter, question the item at that time. C . Britton summariz- the Joint Powers Aqrceni(. Ile said the federal Land and Water Conservation Fund grant was for $465 , 615 , from which a surcharge (currently a rate of 1 . 6%) would be subtracted. Ile said the idea was that the grant funds would be available to either the Distr--*c-- o:,- the 7n,�...-n and stated the balance of the cost would he -alit betwee- D-,_strict and the Town. Ile said the Joint Powers Agreemnent addressed t'­� r.ethods in which the property would be utilized, acquired, func'.e_411 and managed in the short and long term. In regard to the costs of the recent lawsuit, he said there had been a great deal of cooperation between the District and the Town in putting together the Joint Powers Agreement and that he felt confident something would be worked out re- garding the costs. Ile said the agreement called for L held by the Townand the District would have an easement and that annexation was a requirement of the agreement so that the Town could, provide emergency Police services . He said the property was in the Ce:,tral Fire District and that the District would patrol the urooertv on a regular basis as long as it was open space. He said the grant funds required that the property be used for recreational purposes and rioted if there was a conversion of that use, for example the sale of surplus, the government would demand reimbursement of its grant funds . Ile said the Joint Powers Agreement required that the Town Council and the District Board agree in writing to a final amount of their comr"I' t- ment. He said that if individuals had any other questions about the Joint Powers Agreement, they should contact him at the District office . C. Britton stated he assumed that if the District did consider legal action to acquire the property, that there would probably be an amend- ment to the Joint Powers Agreement. 11. Grench discussed patrol of the site , noting that in planning for. tht� site there would be considerable public input before any plans for ,:se of the site were presented to the Board. He said that under the Joint Powers Agreement the Town would also be involved in planning for the site . He said the District had its own Ranger staff, that Rangers are limited status peace officers, and that the property would be included., in the Rangers ' beat area. He said the budget for Land Management is on a growth pattern and Rangers would be added to the staff as they are needed; the planning for adding to the Ranger staff was done through t-- budget process when all sites were reviewed to determine the number of Rangers needed to provide proper stewardship of all District lands . E. Mart said the current salary range for a Ranger was about $15 , 00101 - $20 , 000 per year, exclusive of benefits. He said that when the District acquires new land, the agency having primary responsibility for law enforcement - torcem.ent and fire protection for that property was contacted by the District, that abilities and expertise areas were discussed and that the agencies tried to complement each other. Ile said the Ranger staf-F had particular expertise in resource-protection area , i .e. crimes against property vs. people vs. people crimes, off road vehicle Problems , cer- tain types of weapons regulations , destruction of wildlife, and vegetation fires . Ile reviewed the District Rangers ' beat structure , noting that there was also after hours call-out. He said the patrol truces were equipped with 100 gallons of water and have enough fire tools to ec.uip a six Person crew. C. Britton discussed access to the property, noting that access would I not be through Los Gatos streets because of potential traffic probl:-:-:.s . :Ieeting 01-22 Pac-4 eleven fte said that if the meters of Charity property ..ere to be utilized, a road would have to be built off of Alma Bridge Road through the Novitiate property and across St. Joseph' s Hill, and if that road were developed, it would be the access road to the subject property. He said the long- term solution to the congested access problems would lie with the Division of Highways. C. Britton said staff had explored the buying of development rights with the Jesuits during previous negotiations , noting the value of an open space easement is based on development potential and could cost as much as acquiring fee title. He stated there are areas on the property where trail connections were desirable, and with an open space easement, trail easements would not be allowed. lie said, as far as he knew, the possibility of purchasing development rights was re- jected by the Jesuits , and there was no further discussion of acquiring an open space easement on the property. if. Grench said the District' s basic source of funding was a share of the maximum $4 per $100 of assessed Property valuation or the equivale-n-- of about 1-1,% of the $4 . He said the property tax revenue income for the year District-wide was approximately $3 . 6 million. He said he did not know the cost of an election at this ti-., e because of the varying factors involved. D. Wendin stated he planned to terminate this agenda item and move on to the item regarding the scheduling of September meetings . B. Schedulinq of September Meetincls H. Grench reviewed memorandum M-81-93 , dated September 10, 1981 . He suggested that the September 16 meeting be cancelled and a Special Meeting be held on Tuesday, September 29 . E. Shelley suggested the date of September 28 for the Special Meeting. Motion : D. Wendin moved that the Board cancel the September 16 Special Meeting originally scheduled, and schedule a Special Meeting on Monday, September 28 for two purposes : (1) to consider the regular set of agenda items to be later specified by staff and (2) to continue the item heard tonight to that meeting with a consideration of a resolution of public necessity and to decide whether or not the Board would proceed with the project. K. Duffy seconded the motion. Discussion : D. Wendin stated the meeting would be held at the District ' s main office 375 Distel Circle, Suite D-1 , Los Altos , beginning at 7 :30 p.m. , that agendas with a map showing the office ' s location would be sent to everyone who requested one, and that people could request a copy of the staff ' s re- port for the meeting by calling 965-4717 . N. flanko requested that the meeting' s minutes be available as soon as Possible for Board consideration. The motion passed unanimously. III. CLAIMS Motion: E. Shelley moved the approval of the Revised Claims 81-18, dated September 10, 1981 . If. Turner seconded the motion. The motion passed unanimously. IV. ADJOURNMENT D. Wendin stated the meeting was adjourned at 10 :54 P.M. Jean 11. Fiddes District Clerk Claims 81-18 September 10, 1981 Meeting 81-22 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Description 453 69. 80 Bay Microfilm, Inc. Pacer 454 70. 83 Carolyn Caddes Publicity Photo 455 750. 00 California Advocates, Inc. Legislative Services-Aug. 456 213. 00 Communications Research Co. Eauio. r4aintenance-August 457 4 . 88 Pete Ellis Dodge District Vehicle Expense 458 7. 40 Excel. Pool & Patio Water Sys'%--e.--Saratoga Gap 459 830. 00 First American Title Guarantee Prelim. Title Reports 460 92 . 97 Hipp Welding Signing Supplies 461 9. 31 Hubbard & Johnson Construction. Supplies Skyline Cabin 462 380. 81 Mobil Oil District Vehicle Expense 463 255. 95 Multiplex Slide Storac:e Cabinet 464 47. 70 Stanley Norton July Expenses (phone, copies) 465 174 . 37 PG&E U-Lilities-7400 St. Joseph 466 690. 96 Pacific Telephone Telephone Service 467 5. 00 City of Palo Alto utilities 468 9. 59 Peninsula Blueprint Service Bluelines 469 52. 72 Pitney Bowes Postage Meter Rental 470 70. 51 Rancho Hardware & Garden Shop "lisc. Field Supplies 471 202 . 45 Shell Oil District Vehicle Expense 472 23. 00 Specialty Towing Vehicle Towing 473 157. 00 Title Insurance & Trust Preliminary Title Report 474 150. 00 U.S. Postmaster Postage-0P!�7S-_`1,-CZ 'cN&,qs1ettter 475 163. 12 Union oil Company District Vehicle Expense 476 464 . 34 Xerox Corp. Xerox Supplies 477 143 . 75 Monta Vista Garden Center Field Construction Sum- 1;.e s - 7-i 0 104 . 10 John Pound Private Vehicle Expense 479 49 . 00 Del Woods Private Vehicle Expense 480 175.00 ion C . Cummings Site 7I.-nalysis-'b-n-ke Bello Parking Lot 2181 390 .00 UC Berkeley-Extension Training Course - D. Camp and J . Escobar 482 200 . 00 Assn. of Bay Area Gavern-i-,ients Training Course - Gundert and 1-7 a t t September 10 , 1981 Meeting 81-22 Page Two Amount Name Description 2483 40 . 22 Charlotte MacDonald Private Vehicle Expense 2484 33 . 00 Pat Starrett Private Vehicle Expense 2485 187 . 16 flarfst Associates, Inc. Computer Services 2466 80 . 00 Stanley Norton August Expenses (p:-one, copying, out-of-to,.-, r-ee---Jng,-, 2467 30 . 00 Calif. Park & Recreation Land tanager Recruit;-env Ad Society 2488 127. 58 Petty Cash Private Vehicle Expense , Postage , and Mea- 11 Conferences WRITTEN COMMUNICATION M `ing 81-24 r /23/81 DALE S. HILL 150 ROBIN WAY LOS GATOS, GA. 95030 September 17, 1981 Board of Directors Paid-Peninsula open Space District 375 Distel Circle Suite D-1 Los Altos, CA 94622 Re: Novitiate property, Los Gatos I regret that I was unable to attend the public hearing in Los Gatos on September 10. I do want to go on record however, in favor of eventual public acquisition of the portion of the Novitiate property under discussion. I served on the Joint Los Gatos-County Hillside Study Committee and have been a member of the Los Gatos Planning Commission since 1976. The public testimony over the years has been consistently opposed to hillside development in general from several points of view. The objections include: 1) Visual alteration of the scenic hillside backdrop of the Town, 2) Streets and circulation patterns which are inadequate for additional traffic burden, 3) environmental--concern regarding landslides earthquakes, destruction of habitat, grading, etc. and 43 Loss of low-intensity recreation potential. I would prefer to see a purchase negotiated without the necessity for exercise of eminent domain. I fear the Society's statements to the effect that they have no intention of selling the land lack some credibility considering that their representatives have argued in public hearings for higher density designation than that proposed. The fact remains that the public is using the property, regardless of ownership. Residents of the Town are aware of that hillside as a logical place to hike through open space and enjoy the out of doors in a close to home location. I understand that there are some less acceptable uses occurring also; surely that argues for some responsible supervision and patrol. I am not a hiker myself, and might never set foot on the property. Nevertheless I treasure it as a visual and psychological resource. I would prefer to know it was owned by the public before it is actually threatened with imminent development and the price raised beyond possibility of purchase. Yours very truly, �a Dale S. Hill WRITTEN COMMUNICATION Meeting 81-24 198w `� b Sept. 28, 1981 :.Z pp �sv u �3/9fl den AA 0, 'the, WRITTEN COMMUNICATION Meeting 81-24 GP 2 9/23/81 DALE S. HILL 150 ROBIN WAY LOS GATOS, CA. 95030 September 17, 1981 Board of Directors Mid-Peninsula Open Space District 375 Distel Circle Suite D-1 Los Altos, CA 94622 Re: Novitiate property, Los Gatos I regret that I was unable to attend the public hearing In Los Gatos on September 10. I do want to go on record however, in favor of eventual public acquisition of the portion of the Novitiate property under discussion. I served on the Joint Los Gatos-County Hillside Study Committee and have been a member of the Los Gatos Planning Commission since 1976. The public testimony over the years has been consistently opposed to hillside development in general from several points of view. The objections include: 1) Visual alteration of the scenic hillside backdrop of the Town, 2) Streets and circulation patterns which are inadequate for additional traffic burden, 3) environmental--concern regarding landslides earthquakes, destruction of habitat, grading, etc. and 45 Loss of low-intensity recreation potential. I would prefer to see a purchase negotiated without the necessity for exercise of eminent domain. I fear the Society's statements to the effect that they have no intention of selling the land lack some credibility considering that their representatives have argued in public hearings for higher density designation than that proposed. The fact remains that the public is using the property, regardless of ownership. Residents of the Town are aware of that hillside as a logical place to hike through open space and enjoy the out of doors in a close to home location. I understand that there are some less acceptable uses occurring also; surely that argues for some responsible supervision and patrol. I am not a hiker myself, and might never set foot on the property. Nevertheless I treasure it as a visual and psychological resource. I would prefer to know it was owned by the public before it is actually threatened with imminent development and the price raised beyond possibility of purchase. Yours very truly, Dale S . Hill S y Distributed by Susan S ors at 9128181 Board Meeting San Mateo County Board of Supervisors San Mateo County Government Center Redwood City, Ca. Dear Supervisors; I am writing about the Master Plan for Edgewood Park. Before I make my comments I feel I should introduce myself to you. I am a professional field ecologist, certified by the Ecological Society of America, and employed in this county for almost ten years. I first visited the Edgewood Park site in 1971 , and have returned frequently ever since, because of my interest in the ecological aspects of the biota which live on serpentine soils. During the course of the hearings before the Parks Commission, I urged them to delay the formulation of a Master Plan because, in my judgement, the park planners had not been given sufficient data to create a plan which would both accomodate the County's recreational needs, and preserve the unique biological resources present. I have repetedly offered-Zata relevant to the deficiences which I have pointed out. Further, I have volunteered my services and knowlege to assist in any way I can. I have long favored the establishment of a park on this land, and I do not wish to present any unnecessary obstacle to it. At the August meeting of the Parks Commission, two Master Plans were presented by your consultants, and one was voted to be recommended to you as "the project" for purposes of the EIR. It appears that the EIR process could be initiated at your next meeting, if you follow the recommendation of the Commission. Rather than urge delay again, I feel it would be more constructive for me to present an additional Master Plan concept (see enclosed map). This concept attempts to address the deficiences I have previously noted by avoiding intensive facilities development in "sensitive habitats" which were not previously recognized. I urge you to direct that the EIR consider this additional Master Plan concept along with the two presented by the park planners. Further, I urge you to direct that each of these plans be evaluated at an equal level of detail . Such an approach to the EIR would continue the park planning process without requiring the Board to prejudge which Master Plan concept it may later wish to adopt by voting for one of them as "the project". I thank the Board for its time and attention to this matter. Respectfully submitted, T.H.Lindenmeyer 311 Boulder Brook Dr. Boulder Creek, Ca. 95006 ^V Y 14 � ai✓c J'4rK,N=� � -� �-, ,�� ,�� •-�. , \ .3• � / �' -CIS �'� ���_,:,, n / I• ,�J It _1� �. � � •.�:� / _ _ SUSAN SOMMERS 55.5 HILLCREST WAY REDWOOD CITY. CALIFORNIA 94062 Distributed at 9128181 Board M�_,ing September 28, 1981 Midpeninsula Regional Open Space District 745 Distel Circle Los Altos, California Re: EDGEWOOD PARK ASSESSMENT REPORT Dear Sirs: Good planning requires complete and acurate information on all aspects of a project prior to initial development plans. The Environmental Assessment Report on Edgewood Park is a base document with serious limitations in the extent of information as well as the accuracy of some of the information it offers. While it gives indications of the complexity of the environment, it fails to provide details necessary for good planning practices; this is especially true of Plan B which needs more information for evaluation and decisions because of it's complicated design and impact. Areas which need greater clarification are those concerns which include, but are not limited to, environmental information, economic information and safety information. Environmental information should include the following: 1. On-site, mapping of geology, soils and hydrology on a large scale map which is not merely a blow-up of smaller scale maps. ClearW and accurate definitions of the soils types, slumps, sinks, fractures and other geologic hazards. 2. Accurate studies regarding the extent of the sensitive habitats and buffer zones for these habitats should be charted on the use-plan map. 3. A greater policy of preservation of the existing water system ought to be implemented. Water run-offs, springs, seeps and other water zones ought to have maximum protection from alteration, contaminations, etc. Access ought to be provided for the residential and migrating wildlife to these water zones with minimal interruption by human use facilities. 4. *P_Tnformation regarding the details of the holding basins or ponds for Golf Course water run-off. What is the location, size, total network system, costs, and safety provisions to protect wildlife and humans from water hazards (i.e. drowning, contamination). 5. A more complete outline regarding the methodology of course preparation, and maintenance, parking lot development, clubhouse location and development, access roads and service roads on-off the greens, and provisions 04 AS00r how the development and maintenance of the course will impact the wildlife on EdgeT,70od Park. Economic information which would be extremly helpful in the decision making process include, but are not limited to the following: 1. Cost to provide safety for the various park users as well as protection of facilities, and the sensitive habitats. 2. Cost of sewer hook-ups and location of facility. 3. The cost of importing soils, and the economics of insuring the reduction of foreign plants, pestiferous insects, and undesirable environmental influences. 4. A methodology of how the park would be restored when water became unavailable to the Park system for maintenance of cultivated vegetation. Who pays the restoration bond? When? How is this bond going to be assessed? Who would do this type of assessment? Some immediate questions regarding information wproviding for the public safety include: 1. Protection of the natural water systems. Edgewood Park is an important head water source for the Crystal Springs Lakes, and other watercourses in San Mateo County. It is a well-used water source by wildlife and is vital to many species who use the site when their own water sources are dry. 2. What plans for wildlife and sensitive habitat protection have been designed? 3. What means are going to protect park users from golfball which are out of the intended territory of target? How are the people going to safely enter the park from Robertson's Way between the cross-fire of two greens to get to the picnic area at the top of the large eastern hill? What will be the financial and visual impact of these safety provisions? As you know, toy approve a major development such as a Golf Course requires an economic impact analysis prior to approval, especially if it is to be included in a master plan. Once included, without financial consideration, in a master plan the planning agencies (in this case San Mateo County and you) will be, in essence, committed to providing such a facility. How does approval of projects without ecnonomic analysis exemplify good planning practices? I would further suggest that included in the assessment for planning decision is information regarding the EIRs which have been written regarding development, mitigations, and wildflower preservation zones (water zones, too) in this county, as well as others with an analysis of the realities that are present on the sites of those EIRs. We need to really know how the sensitive colonies and habitats have responded to local development and cultivated vegetation which have occurred on such regions. There was no cross-reference to other EIRs which have dealt with some of the same situations and problems planning Edgewood Park presents to us all. I am in favor of good planning and all that that requires. How else will we make the most effective, as well as legal, use of our resources? Very tXuly yours, Susan Sommers Distributed and read i- the record at 9128181 Board A' ;ng 1 Ili TOWN of LOS GATOS Office of the Mayor 354-6801 September 28, 1981 Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Ladies and Gentlemen of the Board ; I am in wholehearted support of the purchase of the Novitiate Open Space preserve. I am presenting my comments both as the Mayor of Los Gatos and as a private citizen. I have long been an advocate of adequate open space preservation as a real need within and nearby to heavily urbanized areas. I would like to present a brief history of hillside preservation from my perspective. The_Joint Town-County Hillside Study Committee of which I was a member was formed in 1975. That committee considered planning for development of the hillsides around Los Gatos in an orderly manner with consideration given to roads, sewers , water supplies, and geological issues. The study committee was an outgrowth of the Town' s concern with the high density development called Montezuma Hills. During numerous public hearings, the vast majority of citizen testimony expressed concern that only very low density development or open space be considered for the hillside. The desire for high intensity use was only expressed by owners of undeveloped land, including those representatives of the business that owns this particular property. Subsequently, these same concerns regarding hillside development and open space were voiced at hearings before the Town 's Planning Commission (of which I was also a member, having been appointed right after the conclusion of the study committee's report) and before the Town Council . The result was approval of a hillside plan which, although not perfect, did respond to a large number of the citizen concerns by seeking to limit development and preserve open space . In 1978, I ran for Council with Tom Ferrito on a joint platform which raised the two main issues of proper land use planning and hillside protection ; we won with an overwhelming majority. Ruth Cannon, the third Council member elected that year, also ran on a platform that included hillside protection as a primary issue. Subsequent to the 1978 election, the Town Council voted unanimously to join with the Midpeninsula Regional Open Space District to pur- chase that portion of the Novitiate property which several representatives of the owners indicated was not economically usable, and was becoming a problem to them. CIVIC CENTER 9 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS,CALIFORNIA 95030 f Board of Directors, MROSD -- 2 September 28, 1981 The Town Council election in 1980 saw the hillside preservation issue strongly raised again by Brent Ventura. Again the voters responded, and Brent won by a large margin. There are now two primary scenarios for future development, if this property is not purchased for open space. One is development at the current density in the Hillside Plan; among the problems associated with each development are: 1 . A traffic study done after approval of the Hillside Plan concluded that even the current densities are excessive, given the capacity of the existing residential streets that will have to service these areas. Political , economic and environmental constraints preclude the widening of any of these streets. 2. Loss of the major scenic backdrop of the Town. 3. Loss of an existing (albeit not legal ) recreational use by Town hikers and joggers . 4. Increased Town services in an area of difficult access. 5. County would have development control . The second scenario is development at high density. This is what I feel is the most probable situation if the property is not purchased for open space. The owner's representatives have stated publicly that they have no immediate plans for development; they also have not responded to our suggestion that they grant a binding open space easement to the Town or District even though we are willing to pay for it. This indicates to me that the owners are wait- ing for a future political situation to exist wherein a high lot yield could be obtained. Under such a condition, the problems with development at the existing density described above would be multiplied many times over. Again, I would like to reiterate my support for this open space acquisition. Too often, politicians have been criticized for "restricting development," for requiring open space dedication or for zoning property as open space. The argument has always been: "If you want it, buy it. " That's what we're doing. There has always been public and unanimous Council support for this open space acquisition. When it became apparent that condemnation was the only tool left, one Council member and some members of the public (as could be expected) voiced objections. While I philosophically do not like condemnation, I feel that the greater public good necessitates this action. Sincerely yours , PETER W. SIEMENS Mayor PWS/ss cc: Town Council News Media Muqmv Mmuc-ATIO-14 ­-etina 81-24 9/22/81-2 page 1 pt. 28, 198! 21 Sept. 81 E P 2 05 1981 FOR THE NOVITIATE PARK Open Space is essential to our community, to our individual mental health, and to the health of the bay area. It is more than a "nice" thing to have; it is more than a luxury. Because our valley is crowded and busy , neighbors, - fellow*"workers, and family- rhembbr-s are often` too 'close to one- another for *365 days of the year for us to fully relax. Humankind must have vistas and opportunities for mountain top meditation in order for our personalities to grow and flourish. we are fortunate in Los Gatos in having some community-preserved green space. Some of us also have individual open space, but many do not. All of our open space is to be cherished and preserved for ourselves and for our descendants. When the space is developed, it is lost to use by the other residents of our town. The new land titleholders become additional residents of the valley, bringing their additional automobiles and additonal demands upon the resources of the town and the valley. We have a great opportunity for sensible land use in how we deal with the land whose title is presently held by the Novitiate Jesuit order Land use is properly the concern of the community and how it is used is largely the responsiblity of the community. The freedom of the title holder is not absolute. Certainly one cannot burn rubber tires freely on one's property, and one cannot build a gasoline station or a used car lot capriciously upon one' s land. Similarly, there are times when a community does not want land converted to residential use. 9 /-)2/81-2 page 2 The right c eminent Domain is well es�,Dlished in constitutional and common law. There are times when a community or government must exercise this right. There are many safeguards against the abuse of this right. Land condemnation must first be reviewed by the appropriate branches of government, such as the town Planning Department, with Public hearings and community input. Next our elected representatives must vote affirmatively to take action on land condemnation, again with public hearings. Next, there must be judicial review and judicial approval, with the various points of view represented by counsel, and again ample consideration is given to the risk of abuse of the power. Citizens need not be apprehensive nor feel paranoid that their backyards or front yards will be quietly seized by some grasping and scheming government. A fair way to transfer the land to public ownership is simple purchase, with a fair value established based on surrounding values. This value will deliver a substantial profit to the present titleholders. With little or no social or economic contribution by the present holders, the Novitiate land has grown immensely in value since its original purchase. The Novitiate order has not, however, chosen to pursue the path of simple sale. There have been a number of attempts to negotiate. The Novitiate has not been willing, to the best of my knowledge and information, to negotiate, plan, or othEyrwise discuss what might become of this land, nor have they given their reasons for this lack of willingness . . .one is obliged to conclude that they are following the business policy of waiting, in the expectations of receiving an even greater dollar value in a few years. Although this may be a good business policy, it represents 9/22/81-2 page 3 insensitivity to the needs of the people of Los Gatos. . .In fact, the Novitiate has already attempted to gain permission to put up high density housing on one portion of their holdings. Their business managers might advise going well beyond the present density restrictions if given a free hand, and since their principle management and policy interests are remote from the town, the order would not be hurt by high density usage and there is little motivation for them to be concerned with living conditions in the town. Time is an important factor in our decision. The dollar value of obtaining the land will of course rise, and each year the necessary appropriations will be more difficult to get. The appropriation presently available to Los Gatos and to the Open Space District will expire on the date . Further, and even more serious , there are currently bills in Sacramento to remove from the local communities , both towns and counties , their present power to determine land use. County land could be developed in a virtually uncontrollable manner, heedless of neighborhood and county wishes . This real threat to local land use control was reported upon in the San Jose Mercury issue of September 20, 1981, under the headline "How the Special Interests Got Their Way" . The proposed park is desirable in many ways, other than the general need for open space described earlier. It will preserve the view of our hillsides which we now enjoy, and a park will not spot the hills with residences, roads, and street lights. The hills are a beautiful visual background to our town and add to the desirability of living here. . Also, if development occurs , the roads through the hills will attract and make hillside 9/22/81-2 page 4 cruising more convenient to sightseers and troublemakers and rip-off artists. The land is in the county. The Novitiate has opposed annexation to the town. .Yet any residences built there will use all the town conveniences, its post office, sewage connections, schools, and freeway entrances. The proposed park is not for high activity use. We would be able to substantially determine its mode of use, in cooperation with the Open Space District. Los Gatans would see the park used by the Girl Scouts , Boy Scouts , local service clubs , equestrians, bycyclists , and by people who want to enjoy the view of the town and the valley. We could avoid some of the problems arising from finding Oak Meadow Park and Vasona Park too crowded to enjoy on weekends. We are fortunate in having the Mid Peninsula Regional Open Space District with its capability for preserving open space. They have the authority, authorized by public referendum some years ago, to legally hold land in open space for ourselves and for future generations. It is to our advantage to cooperate with this District and turn its capabilities towards giving us something of use to ourselves. Why has Los Gatos proven to be such a desirable place in which to live? Partly this has been the luck of being situated in a spot between several beautiful tree covered hilltops and ridges. It is has also become desirable because sensible and public spirited citizens have dedicated time and effort over the years to making and keeping the town attractive. Let us join in this ongoing effort and continue the good work, and use this opportunity to make and keep the town desirable and beautiful. C. Walton WRITrMN COMMLNICATIO14 ting. 81-24 --ot. 28, 1981 100 Ann Arbor Court Los Gatos , California 95030 September 24 , 1981 Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle , #D-1 Los Altos , California 94022 Ladies and Gentlemen: Re: Novitiate Property in Los Gatos I am writing this letter in hopes that it will seriously be considered at the time the final decision is to be made regarding the Novitiate Property in Los Gatos . As I understand the vote will be taken this Monday evening, September 28 , 1981 , the shortage of time will prevent the collection of numerous signatures that I had hoped to have as physical proof that there is an "unsilent" majority in Los Gatos , and we do support the Public Acquisition for the eminent domain of that property. If it would become necessary to present these signatures in order to secure the vote, please be assured , they will be delivered. As a resident in Los Gatos for over seven years , I am joined by many of my neighbors in the area with the opinion that we want this land to be purchased with the grant money allowed to do so. We are against the sale of this property for any other developments. Sincerely, .24 cc: (Mrs. ) Barbara Green Rene Neuner R-81-43 (Meeting 81-24 September 28 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 23 , 1981 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager SUBJECT: Proposed Los Gatos Creek Park Acquisition Project (Novitiate Property) Background: On September 10 , 1981, you held an informational hearing in the Town of Los Gatos Council Chambers to receive public comment on specific questions related to public acquisition and use of the subject property (see report R-81-38 of September 4 , 1981) . On September 21, 1981 the Los Gatos Town Council approved and executed the Amendment to Joint Powers Agreement which is now before you for final approval and execution. Discussion - Acquisition: It was evident from the public informational hearing held on September 10 , 1981 , that the subject property is extremely desirable for public open space and recreational purposes. It also appeared clear that if and when the property is acquired, that the public represented at that hearing preferred a low-intensity recreational use which might include hiking trails, equestrian paths , casual picnich-ina and the like, but no typical "park" improvements or high-intensity recreational uses. The public answer to the question of public acquisition including the possibility of the District exercising the power of eminent domain was less clear because of the limited public comment received. It is also true that only a small segment of the District ' s constituency was represented at that meeting. It appears that the central issue is whether the Jesuit property owners intend to develop the property or to leave it as private open space. Since the property is currently undeveloped, it was easy for the public represented to feel comfortable about the possibility of non-development continuing, but this view ignores the future possibilities and necessities that might lead to development. Through all of the negotiation sessions , and the public statements made by or on behalf of the property owners , there has been an unwillingness to discuss the acquisition of development rights or open space easements to assure that this property is kept in its un- developed state. The Jesuit Fathers have maintained throughout the purchase discussions that this property is a valuable asset and in- vestment. They have always approached this acquisition in a very businesslike fashion with an attitude that they want to keep their future options open. (Sale of this property at this time would not allow the potential of developing this property in the future. ) As mentioned in the earlier report, the Jesuits have been marketing other lands in the area, and are trying to raise substantial amounts of money to endow the retirement facility located on the land that would remain adjacent to the project area. R-81-43 Page two Additionally, the Sisters of Charity, another Catholic order, have been actively marketing their adjacent property, which would require the construction of major access road from Alma Bridge Road across the back of the subject property, to serve the existing buildings on their property. The Jesuits have been willing to grant the necessary rights , and have entered into agreements to make this possible. The construction of that access road would be the first step in the development of the subject property (since its main access would also be from Alma Bridge Road) . The construction of that road also represents one of the major costs in developing the subject property, and would not only make development more feasible and desirable, but also more profitable. Retention of this property as public open space is so important that development should not be allowed, but the cost of the property after construction of the access raod might be so prohibitive as to preclude public acquisition. Also, the funds for acquisition are available now and might not be available when the inevitable development of this property takes place. As mentioned in the earlier report, the Town and District have been told very clearly that: "The property is not for sale , " and therefore nothing short of initiation and prosecution of eminent domain pro- ceedings will accomplish acquisition of this critical property. I want to emphasize, however, that non-development of the property does not assure public access to it, and this site is very important as a close-in area for low-intensity recreational area. Discussion - Joint Powers Agreement: The Joint Powers Agreement with the Town of Los Gatos was adopted by you on April 8 , 1981 (see report R-81-13 of April 1, 1981) and provided, among other things , for Town leadership in the acquisition process. In order for this project to proceed, the District must assume acquisition responsibility, primarily because of a Superior Court decision which our attorneys feel is a very poor one, denying Town jurisdiction in the current condemnation action by the Town. (This matter is still subject to the possibility of appeal. ) The recommended amendments to the Joint Powers Agreement provide for three major changes : 1. MROSD leadership in acquisition of the open space property; 2 . Provision fir only open space, low intensity use of the property and removal of all language dealing with high intensity park use; 3 . Commitment of both Town and District funds into a "Los Gatos Open Space Acquisition Fund. " Terms for participation by Town and District in the acquisition still provide for an equal sharing of costs up to a total Town contribution of $775 ,000 ; a District contribution of $775 ,000 ; accrued interest; and the State grant proceeds of $465 ,615. In the event that the final purchase price for the open space property to be obtained exceeds these resources , either the Town or District may withdraw from the agreement. However, either the Town or District may decide to proceed with acquisition unilaterally, with the provision that the entity making R-81-43 Page three that decision is responsible for all costs over and above proceeds of the grant and the Los Gatos Open Space Acquisition Fund. The second agency would be required to maintain its original contributions and grant proceeds for the acquisition. In order to satisfy concerns on the eventual use of the open space property, all reference to uses other than low intensity, open space park use in the agreement would be deleted. Copies of both the proposed amendments and the adopted Joint Powers Agreement are included with this report for your information. Recommendation: It is recommended that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of the Amendment to the Joint Powers Agreement for Purchase of Real Property, and Authorizing the General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Los Gatos Creek Park) . It is further recommended that you adopt a second resolution of the Board of Directors of Midpeninsula Regional Open Space District, Finding and Determining That the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use , to Wit: for Public Park, Recreation and Open Space Purposes , Describing the Properties Necessary Therefore and Authorizing and Directing its Retained Legal Counsel to -do Everything Necessary to Acquire All Interests Therein (Los Gatos Creek Park - Novitiate Property) . I make these recommendations in the strongest terms. The site is extremely important to the region for close-in open space and recreation- al purposes; scarce federal funds are available to help fund the pro- ject; the Town Council of Los Gatos as the Town ' s elected representatives has made its strong commitment; and District funds have been set aside. If this action is not taken now, I am convinced the property will eventually be lost to development. I would hope that productive negotiations with the property owners would ensue following your actions. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO JOINT POWERS AGREEMENT FOR PURCHASE OF REAL PROPERTY, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LOS GATOS CREEK PARK) . The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One . The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and authorize execution of Amendment to Joint Powers Agreement for the purchase of real property between the Town of Los Gatos and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officers to execute the agreement on behalf of the District. Section Two. The General Manager of the District shall cause to be given appropriate notice of acceptance to Town. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. r 1 AMENDMENT TO JOINT POWERS AGREEMENT WHEREAS, the Town of Los Gatos, hereinafter referred to as TOWN, adopted Resolution number 1981-89, dated April 20, 1981 , approving and authorizing final execution of said Joint Powers Agreement, dated April 20, 1981 , and WHEREAS, the Midpeninsula Regional Open Space District, hereinafter referred to as DISTRICT, adopted Resolution number 81-26, dated April 8, 1981 , approving and authorizing execution of a Joint Powers Agreement for the cooperative purchase of Los Gatos Creek Park, and WHEREAS, paragraph 17 of said Joint Powers Agreement provides for the amendment of said Agreement in writing at any time by mutual consent of the parties thereto. NOW, THEREFORE, TOWN and DISTRICT hereby agree to amend said Joint Powers Agreement as follows : Paragraph 2 of said Joint Powers Agreement shall be amended in its entirety to read as follows : 2. ACQUISITION. It is agreed by the parties hereto that TOWN and/or DISTRICT shall be responsible for all acquisition activities, including, but not limited to, the initiation of eminent domain proceedings. At all times during the acquisition process DISTRICT and TOWN staffs and expertise will be available for the acquisition project. Staff time and overhead costs of both TOWN and DISTRICT shall be pro- vided at no cost to the other party. It is further agreed, that in the event it is necessary to acquire said property by exercise of the power of eminent domain, TOWN and/or DISTRICT shall utilize the services of the firm of Rodgers, Vizzard and Tallett through DISTRICT, and DISTRICT will coordinate such activities. Any and all other costs of acquisition, including, but not limited to : legal fees, expert witness fees, appraisal and engineering costs and other out-of-pocket expenses shall be shared equally by the parties hereto, including, but not limited to reason- able fees and costs as may be determined by the court should the parties hereto or either of them fail to prevail in any action (s) in eminent domain, or the parties hereto chiose to abandon the proceedings in accordance with paragraph14 hereinbelow. Paragraph 3 of said Joint Powers Agreement shall be amended in its entirety to read as follows : 3. PURCHASE TERMS. TOWN and DISTRICT agree to share equally (50%/501) the total purchase price as determined by nego- tiated purchase, negotiated settlement, or Final Order of Condemnation, or other means, subject to the terms of paragraph 14 hereinbelow; the payment required for said purchase shall be made from the Fund established in paragraph 14. Said total purchase price shall be deposited AMENDMENT TO JOINT POWERS AGREEMENT Page 2 by DISTRICT into escrow (or with the court, if applicable) along with all necessary documents for closure within thirty (30) days after notification to TOWN that DISTRICT is ready, willing and able to close escrow in accordance with this Agreement (including execution by TOWN and DISTRICT of the easement required as a part of paragraph 6 herein) ; or within ten (10) days after notification to TOWN and/or DISTRICT from a court having competent juris- diction that it has determined the amount of just compen- sation necessary to acquire the property by Final Order of Condemnation. Paragraph 4 of said Joint Powers Agreement shall be amended in its entirety to read as follows : 4. GRANT FUNDS. It is understood that TOWN has applied for, received, and executed a project contract for a Federal financial assistance grant of Land and 'Water Conservation Funds in the maximum amount of Four Hundred Sixty Five Thousand Six Hundred Fifteen and NO/100 Dollars ($465,615) , with the possibility that additional Land and Water Conservation Funds may be awarded, to reimburse the parties for a portion of the full purchase price. It is hereby agreed that the net proceeds from said Grant and any additional amounts as may be awarded from time to time, after deduction of the State surchar e, shall be divided equally between TOWN and DISTRICT. ?At the current State surcharge rate of 1 .6% of the total project amount, each party would receive a $229,144 reimbursement of the current grant amount). TOWN shall upon notification from DISTRICT or the court, as appropriate, and within the time frame provided in paragraph 3 hereinabove, make an advance deposit with the escrow agent or with the court, as appropriate, of TOWN'S one-half share of all of said Land and Water Conservation Grant Funds as may be awarded as of that time. TOWN shall at all times in good faith pursue said grant project and to that end shall , within thirty (30) days after close of escrow or recordation of a Final Order of Condemnation apply through the State of California for reimbursement from the Federal Government, and TOWN shall remit DISTRICT'S share within ten (10) days of receipt of said funds from the State but in no event later than six (6) months from the date of close of escrow or recordation of the Final Order of Condemnation, provided however, that if through no fault of TOWN said grant funds are no longer available, TOWN shall be released from any and all responsibility to reimburse DISTRICT for DISTRICT'S share of said grant funds. Paragraph 10 B (2nd) of said Joint Powers Agreement shall be correctly numbered 10 C and the sixth word of the second line of said paragraph shall be correctly spelled - "operation". AMENDMENT TO JOINT POWERS AGREEMENT Page 3 Paragraph 10 is further amended to add as Subparagraph 10 D the following: D. USES NOT CONTEMPLATED DISTRICT shall not be obligated under this agreement to plan, develop, operate, maintain, or patrol any park facility or recreational uses of greater intensity than those enumerated or given by way of example in Paragraph 10 A above. Paragraph 11 of said Joint Powers Agreement shall be eliminated in its entirety. Paragraph 12 of said Joint Powers Agreement shall be renumbered as Paragraph 11 and shall be amended to delete the second sen- tence. Paragraph 13 of said Joint Powers Agreement shall be renumbered as Paragraph 12. Paragraph 14 of said Joint Powers Agreement is hereby deleted. Paragraph 15 of said Joint Powers Agreement shall be renumbered as Paragraph 13. Paragraph 16 of said Joint Powers Agreement shall be renumbered as Paragraph 14 and shall be amended in its entirety to read as follows : 14. FUNDING PARTICIPATION A. TOWN shall , within ninety (90) days after approval and execution of the Amendment to the Joint Powers Agree- ment by both parties, irrevocably deposit with DISTRICT the sum of Seven Hundred Seventy Five Thousand and NO/100 Dollars (,$775,000) to be matched by a contribution in an equal amount from DISTRICT, and the total held in a separate account by DISTRICT (hereinafter called the "Los Gatos Open Space Acquisition Fund" or "Fund"), to cover the costs of acquisition as described in Paragraphs 2 and 5 herein, and the cost of purchasing said Property as described in paragraph 3 herein. Said "Fund" shall be maintained and managed by DISTRICT and shall accumulate interest equivalent to the rate earned from time to time by the County of Santa Clara Commingled Investment Fund. Said "Fund" , together with accumulated interest from the date of deposit with DISTRICT by TOWN shall be used for ongoing expenses associated with the purchase of said Property, and DISTRICT shall maintain adequate accounting records of all such expenses which shall be available to TOWN for examination upon the giving of reasonable notice to DISTRICT. AMENDMENT TO JOINT POWERS AGREEMENT Page 4 B. If and when said Property is purchased and there are remaining monies in said "Fund" (after payment of the full purchase price and all associated costs of acqui- sition) , TOWN and DISTRICT shall endeavor to agree upon other Open Space Lands appropriate for acquisition in the Los Gatos Area; provided however, that either party hereto, may require of the other party, in writing, that the remaining monies be refunded to the parties on an equal share (50%/50%) basis. C. In the event the final purchase price of said property (including all associated costs of acquisition) is in excess of the grant funds identified in paragraph 4 herein, plus the principal and interest accumulated in the Fund as above established ("Total Sum") , then either TOWN or DISTRICT may withdraw from the acqui- sition if either party hereto elects to withdraw from the acquisition pursuant to this paragraph, and the other party concurs, any costs of abandoning the acquisition proceedings shall be shared equally bet- ween the parties, in accordance with paragraph 2 herein, and this Agreement shall be deemed terminated; provided that if the other party elects to proceed with the acquisition, the withdrawing party shall nevertheless be liable to participate but only to the extent of one-half of the amount of said Total Sum, and this Agreement shall remain in full force and effect. Paragraph 17 of said Joint Powers Agreement shall be renumbered as Paragraph 15. Paragraph 18 of said Joint Powers Agreement shall be renumbered as Paragraph 16. All other terms and conditions of said Joint Powers Agreement shall remain unchanged and in full force and effect. In witness whereof, the parties hereto have executed this Amendment to the Joint Powers Agreement this day of 1981 . TOWN OF LOS GATOS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BY: BY: Mayor, Town of Los Gatos President, Board of Directors ATTEST: ATTEST: Town Clerk District Clerk DATE: DATE: JOINT POWERS AGREEMENT This AGREEMENT made this -L day of 14pelL _ 1981 by and between the Town of Los Gatos, a political sunaivision of the State of California, hereinafter referred to as "TOI.,RN" , and the midpeninsula Regional open Space District, a public District, hereinafter referred to as "DISTRICT" . W I T N E S S E T H - - - - - - - - - - RECITALS: A. TOWN and DISTRICT are "public agencies" within the meaning of government Code Section 6502, and desire to enter into a Joint Exercise of Powers Agreement pursuant to the provisions of California Government Code Section 6500 et seq. , for the reasons and upon the basis hereinafter set forth. B. TOWN has received a fully executed Land and Water Conserva- tion Fund Project agreement for the purchase of certain real property located within an unincorporated area of the County of Santa Clara, California, adjacent to the southerly TOWN limits; said property, hereinafter called "Los Gatos Creek Park" or "Park" or "Property" , consists of 300 acres, more or less, and is more particularly described in exhibit "A" and outlined in red on the map labelled exhibit "B" , both as attached hereto and incorporated herein by this reference . C. The acquisition of said Park is of mutual benefit to the parties hereto and to the public in that said acquisition as implement- ed by this agreement will serve to protect valuable public open space and recreation lands in perpetuity. D. The purpose of this agreement is to provide for funding to purchase Los Gatos Creek Park for open space and recreation purposes by TOWN and DISTRICT, to provide for acquisition and legal services, to establish the final vesting of title to said property, and to designate the responsibility for the management and maintenance of said Park for recreation and open space use. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. PROPERTY. TOWN and DISTRICT agree to participate jointly in the purchase of Los Gatos Creek Park, being legally described in said exhibit "A" as attached hereto. 2. ACQUISITION. It is agreed by the parties hereto that TOWN shall be responsiblefor all acquisition activities, including, but not limited to, the initiation of eminent domain proceedings. At all times during the acquisition process DISTRICT staff and expertise will be available to TOWN. It is further agreed, that in the event it is necessary to acquire said property by exercise Page 2 of the power of eminent domain, TOWN shall utilize the services of the firm of Rodgers, Vizzard and Tallett through DISTRICT, and DISTRICT will assist and coordinate such activities . Staff time and overhead costs of both TOWN and DISTRICT shall be provided at no cost to the other party. Any and all other costs of acquisition, including, but not limited to: legal fees, expert witness fees, appraisal and engineering costs and other out-of-pocket expenses shall be shared equally by the parties hereto. 3. PURCHASE TERMS. TOWN and DISTRICT agree to share equally (50%/50%) the total purchase price as determined by negotiated purchase, negotiated settlement, or final order of condemnation, or other means, subject to the terms of paragraph 16 hereinbelow, in the following manner: A. DISTRICT shall contribute and deposit in escrow (or with the court, if applicable) 50% of the full purchase price together with all necessary documents for closure within 30 days after notification from TOWN that it is ready, willing and able to close escrow in accordance with this agreement; or within 10 days after notification' from a court having competent juris- diction that it has determined the amount of just compensation necessary to acquire the property by Final Order of Condemna- tion. B. TOWN shall contribute and deposit in escrow (or with the court, if applicable) 500 of the full purchase price together with all necessary documents for closure within 30 days after notification from DISTRICT that it is ready, willing and able to close escrow in accordance with this agreement; or within 10 days after notification from a court having competent jurisdiction that it has determined the amount of just compen- sation necessary to acquire the property by Final Order of Condemnation. 4 . GRANT FUNDS. It is understood that TOWN anticipates receiving a Federal financial assistance grant of Land and Water Conservation Funds in the maximum amount of Four Hundred Sixty Five Thousand Six Hundred Fifteen and N01100 dollars ($465 , 615) , with the possibility ghat additional Land and Water Conservation Funds. may be awarded, to reimburse the parties for a portion of the full purchase price. It is hereby agreed that the net proceeds from said Grant and any additional amounts as may be awarded from time to time, after deduction of the State surcharge , shall be divided equally between TOWN and DISTRICT. (At the current State surcharge rate of 1. 60 of the total project amount, each party would receive a $229, 144 reimbursement of the current grant amount. ) DISTRICT' S share shall be remitted by TOWN within ten (10) days of receipt of the net grant reimbursement from the Federal Government, through the State of California. Page 3 5. CLOSE OF ESCROW AND COSTS . It is agreed by the parties hereto that esZr&W-shall close in accordance with paragraph 3 hereinabove through an account with First American Title Guaranty Company, 675 North First Street, San Jose, California, escrow Number S.J. 1-5688. It is further agreed that all escrow fees and title insurance costs, if required as a part of this transaction, shall be shared equally by TOWN and DISTRICT. 6. TITLE. Fee title to said property shall vest in. TOWN, subject to existing easements, encumbrances and other clouds on the title to said property as acceptable to both parties. Concurrently with close of escrow, as abovementioned, TOWN shall convey or cause to be conveyed to DISTRICT a recorded Park, Recreation, Scenic and Open Space Easement (hereinafter "Easement") upon, over and across said property as described in said Exhibit "A" . The exact language of said Easement shall be determined and agreed upon by mutual consent of the parties hereto, prior to close of escrow. TO;,7N, shall furnish DISTRICT a duplicate copy of any policy of title insurance and escrow closing statement. 7. DEDICATION. Upon acquisition of the property by the parties, it shall be deemed to be dedicated as public park land and its use may be discontinued or abandoned or the property disposed of only pursuant to the procedures provided in article 2 , chapter 9 , part 2, dividion 3, title 4 (commencing at Sec. 38440) of the Govern- ment Code; and Further the District shall officially dedicate its interests or rights in said property pursuant to sec. 5540 of the Public Resources Code of the State of California. 8. ANNEXATION. After close of escrow as herein described, TOWN shall immediately take any and all steps necessary to annex into the city limits of said TOWN all of said property to better provide for and accomplish the joint planning, development, maintenance and patrol of said property. After annexation, TOWN shall provide primary police response for local emergency calls at or upon the property, and routine perimeter patrol at all times . 9. HOLD HAMLESS. it is agreed that TOWN shall defend, hold harmless and indemnify DISTRICT, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise out of the provisions of this agreement and which result from negligent acts and/or ommissions of TOWN and its officers, agents and/or employees. It is further agreed that DISTRICT shall defend, hold harmless and indemnify TOWN, its officers, agents, and/or employees from any and all claims for injuries to persons or damage to property which arise out of the provisions of this agreement and which result from negligent acts and/or omissions of DISTRICT and its officers, agents and/or employees. Page 4 In the event of the concurrent negligence of DISTRICT, its officers, agents and/or employees and of TOT.17N, its officers, agents, and/or employees then the liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" as present- ly in effect or as may hereafter be modified. 10. OPEN SPACE USE. A. DEFINED. Any and all public facilities which might be developed or enhanced on said property, which would be considered by the parties hereto to be open space or low intensity recreation use, include by way of illustration, but not limitation: 1) Unpaved pedestrian hiking trails 2) Unpaved equestrian trails 3) Casual picnicking 4) Kite flying 5) Wildlife observation 6) Meditation 7) Nature study 8) Unpaved parking areas 9) Photography or landscape painting 10) Primitive backpack camps B. DEVELOPMENT. DISTRICT shall plan, design and develop such facilities as are reasonably necessary for public use and enjoyment of said Property for open space or lot.; intensity recreation as defined above. TOWN shall have the right of design review and approval privileges on any and. all open space development. Any and all open space development shall be funded equally by TOWN and DISTRICT. With regard to open space development of said property, an application for design review and approval shall be made by DISTRICT to TOWN. The application shall include a site plan showing the location of all proposed trails, planted or landscaped areas, proposed grading or other development or improvements, and indicating the proposed uses or activities on the property. Within 60 days from the filing of the application with TOTN-NZ, TOWN shall review the site plan and drawings , and shall make its recommendations, changes or approval based upon the following objectives : (1) To ensure construction and operation in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. (2) To ensure that sound principles of environmental design and ecological balance shall be observed. (3) To ensure adherence to the terms, conditions and purposes of this agreement and the definition of open space ol� low intensity recreation use as defined above. Page 5 B. MANAGEMENT. Except as provided in clause 8 herein, DISTRICT shall be responsible for all oeprations, patrol and mainten- ance of said Los Gatos Creek Park as long as said property is developed and operated for open space and low intensity recreation purposes as defined hereinabove . 11. PARK USE. A. DEFINED. Any and all public facilities which would be consid- ered by the parties to be Park or high intensity recreation use, as distinguished from open space or low intensity use as described in paragraph 10 herein , include by way of illustra- tion, but not limitation: 1) Playground equipment 2 ) Picnic facilities 3 ) Improved campgrounds and campsites 4 ) Paved bicycle trails 5 ) Campfire pits or areas 6 ) Historical or memorial monuments 7 ) Paved roads 8 ) Ranger or caretaker' s residence 9 ) swimming pools 10 ) Tennis courts 11 ) Paved parking areas 12 ) Sports fields B. DEVELOPMENT Any and all park facilities as above defined, shall be planned, designed, and developed only by TOWN). at its sole cost and expense, but with the right of design review and comment privileges by DISTRICT, and in accordance with the terms and conditions of the Park, Recreation, Scenic and Open Space Easement described in Paragraph 6 hereinabove. C. MANAGEMENT. TOWN shall assume all management, operation patrol and maintenance of said Park, and relieve DISTRICT of any and all such functions as to all of said Property, at such time as TOWN commences development of any Park facilities as above defined. 12 . ORDINANCES. As long as said property is developed and used as open space as defined herein, both TOWN and DISTRICT ordinances shall apply and be enforced. At such time as TOWN may choose to develop said property for Park use as defined herein (and limited by said Easement in favor of DISTRICT) , DISTRICT ordinances will no longer be applicable to said property, except as specifically adopted and enforced by TOWN. 13. SALE AS SURPLUS. It is understood and agreed that in the event any or all of said property is declared free of its dedicated use (see paragraph 7) and sold by TOWN, with the mutual consent of DISTRICT, as will be provided for in the Easement described in paragraph 6 hereinabove, the proceeds of any such sale shall be equally shared by TOWN and DISTRICT. Page 6 14 . INCOME. It is understood and agreed that TOWN shall maintain, on a fiscal year basis, adequate accounting records of any and all income generated from said Park as described in exhibit "A" . It is further agreed that any net income from the use or development of said Los Gatos Creek Park (after subtracting identifiable TOWN costs of promoting, administering and managing said areas of development) shall be shared by the parties hereto according to the following formula: the net income, as above described, shall be multiplied by a fraction consisting of all capital costs, excluding grant funds, but including land and improvements, as the denominator; and the DISTRICT contribution to all such capital costs as the numerator. Said net income shall be computed separately for each fiscal year and shall be paid by TOWN to DISTRICT by August 31 following the end of each fiscal year, and shall continue annually until the DISTRICT has received a cumulative amount equal to DISTRICT' s total contribu- tion to this project. 15. PUBLICITY. TOWN and DISTRICT shall share equal recognition on all open space, Park or public facility signs, brochures and all other public information about the site. 16. LIMITATION ON PARTICIPATION. It is hereby agreed that any offers to purchase said property shall only be tendered by the written mutual consent of the parties hereto, and either TOWN or DISTRICT may withdraw from the acquisition, should the final purchase price of said property be in excess of the highest offer so tendered. If either party hereto elects to withdraw from the acquisition pursuant to this paragraph, and the other party concurs, any costs of abandoning the acquisition proceedings shall be shared equally between the parties, and this agreement shall be deemed terminated; provided that if the other party elects to proceed with the acquisition, the withdrawing party shall nevertheless be liable to participate to the extent of one-half of the amount of said highest offer and its share of the costs associated there- with, and this agreement shall remain in full force and effect. 17. AMENDMENTS. This agreement may be amended in writing at any time by mutual consent of the parties hereto. 18, BINDING ON SUCCESSORS. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the parties hereto. TOWN OF LOS GATOS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT r 4of BY: >�—_- BY: TI' or , Toos Gatos President, Board of Di ectors ATTEST ' ATTEST: -f J Town Clerk District Clerk Sch `� ,� J•:._ i; b'✓F�'nrro/ = 't� \ (�). _ 'S'rcc ' V +::/ .la• +•ii : - r r w it oo O� 1 �f a° `�`eas ss - t .le Pak •� \�� �!�jt 1 % J•l �• Ca•4 O;��-`t r •A •'� \ 1,�a�;r•.���,% � �';� . s� ,r-•-)a1� r '•, It�l,'�P��J�' �y'�,/.•II!' ��/� '1-•I��^`r'�<�' �?ay + -hr _ j i •S� � %\�� � n`�•'•i• iJ/ (1` is , ,.\\r0;_"���.L%.• ' " a�� "Lf ..1.. � s• _ is •+ f.�, ,. •� ',t„YOp/1'i1u- _ l .) ,t� 1\ of L_ ;;0.%�•/'•/ �; '`_�� - ~:- - � ' ,��f ..) ! �S r'•�'� /(!.�-`�, S r� __.�, "•,.a, tt�r�•, , � ,. � ---' "�_ ��'-. —ire.... _ to Pro�ased ` ` `9':�}i;l �\ '> ` ,�J'"j �,�I� �_j�• :.t±`<*Tj^ap. j't•?•'. :r R%'+::: •�~, - -- L' i,j!;fli)i, r,��(�j (� . (o/�'``��[ `1�v 'Z `/ o/�r-_•,/'�� :c� i±;/=•=r'•\� � ;' t n zINN ! .'���:•I+V , 1� J .-=� .,, �-� - �^i•,�`r� / rri-�.ter/' ^.?.%//j/'r'�='J•'✓ i�`-/'f�f '�`��C Zoo •l./ \r/j\/ / i _�� r �•��� \ l i---' •" ��\/' � ,- -tea { -_�`..�,1 ___• ✓�!-`,✓j,.'/'� y'j"r,/'.J/ � /�-1.\r \.^` u-�.yi\•il/-�.. `--:� '4 a rry f`s•- 'f , �i j� /•(� _ /�/• ,�,._ •�``1��. �� � --:\r1an:Zan>:ta;--RzdSe,�. .��_�': _ _ r :( :� �� pQ�e `\ ace-•�reser ve _ ' ST UWAY aas -.� 1 ',.j Y� t-:._• ,..�- �' cVv;..^� ice=•% ��' �\ i N�^� �u-=`-jam���j���\\�/``�,`1�._✓^..��/'r,�.-� .� _�'ri.��='�tal �t �.i �,) >��\ (]� '�•� ,,n-;�,\ft �'`„\J ,�=`/-• /� �,:�\� .� - J% --'� =i/gip f !*: o'r1.; f S�intar"Clara ; Fa1Fe ',`� �, --��. -u . `�_• \^� ,� ', W`� - �i . �. liate Distriet`� •�.... � � %N)y �.✓ti.- ,:., � i �;'� 'I � �r' - •_,Z—ter.-' .�'`��'� �>^'�;,� `S ^\ �"�`i-.•^ _f t :) ,:. �I- (Rex l�n.gto�:Re-se-r�rg � ear at-iQrit'Area-kr. Al �,' / N. ,r` ✓--����v•i-:-�: ����, :It'. _ Y�i-�-�%�^=\. .i��7 �—'� j`; ,� • �";��. �/_ /; \ :-)� , `-� , off; irt:�• � �=•-��• �`•'='�'`•::_ p - Alma t✓f- - '' %�� /�.S - - :s _ _�_ .� Fire\,� e .r=► ,!. �,/ '��--'�.�� .�, '''"-"- '1 �- �` �.��`� ;i. _ to �. -(!2 'i > %N 1� --• - Cal ' � ! fn' 'V ,i(� �t y I r r�-•-f; j!��`•L•��---- i'�. ��` ,l-��n r-'�'i(�\�� - ex 0 •�.9�, r,a` �` � ''%L� ` �iL ' �'`�:' ;,'�r::•�.:v - .� PROPOSED ;J��u LOS GATOS CRE-K PARK Trail s '� 1��� i+:. ' �• \ �/�III rj/ r �'�y J ,�^'`-��•..[-"'1 .S (J. C. Co. } Trails & Pat -- \;-\tom; �•�.j `�^`'C� �°%,r-�1- ° Plan, 1978) Proposed Trails 'M 67 Scale 000 ' '''o_,_h {:��j(��• '�/ '• % :i-,-•-•\.�'t\\•a.o �.�.�;/�� � s�,y`' r r n,p�pr w n� yy'p i s�y�r� n'■ ,� �r �� �'w rCa v x�►>J s •v' �- : � X �► ''� e�a°�i1's���w'"�f"�'a�'aP"ar'r�i�'a�iCu a�aPw'bC'i><w'w'��s'��!'�a�a i�' n'a�' v n ESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTIES FOR PUBLIC USE, TO WIT: FOR PUBLIC PARK, RECREATION AND OPEN SPACE PURPOSES, DESCRIBING THE PROPERTIES NECESSARY THEREFORE AND AUTHORIZING AND DIRECTING ITS RETAINED LEGAL COUNSEL TO DO EVERYTHING NECESSARY TO ACQUIRE ALL INTERESTS THEREIN (LOS GATOS CREEK PARK - NOVITIATE PROPERTY) . WHEREAS, the Town of Los Gatos and the Midpeninsula Regional Open Space District have entered into that certain agree- ment for Joint Exercise of Powers to acquire and maintain certain property for public park, recreation and open space purposes , dated April 20 , 1981, and amended September 28 , 1981, and WHEREAS, the Board of Directors of Midpeninsula Regional Open Space District is authorized to acquire property for public purposes , pursuant to Division 5 , Chapter 3 , Section 5542 of the Public Resources Code, State of California, and WHEREAS, the property, rights , and interests described in Exhibit A attached to this resolution and incorporated herein by reference (the "property") are necessary for public park, recreation, and open space purposes, said purposes constituting a public purpose; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Midpeninsula Regional Open Space District does hereby find and determine that the public interest and necessity require the acquisi- tion of the property for public park, recreation and open space purposes ; BE IT FURTHER RESOLVED that acquisition of the fee (unless a lesser estate is described in Exhibit A) is necessary therefore; and BE IT FURTHER RESOLVED that the Board of Directors of Midpeninsula Regional Open Space District does hereby find and determine that said property is located so as to be most compatible with the greatest public good and cause the least private injury; and BE IT FURTHER RESOLVED that the General Manager be and is hereby authorized and directed to cause to be negotiated and/or prepared all appropriate application to governmental agencies for grants of funds or property, legal documents and related instruments for acquisi- tion of title to the property by gift and/or purchase , all upon terms and conditions discussed by or presented to this Board at its meeting this date or customary to this District in like transactions; provided, however, that each such application, document and instrument shall be subject to approval as to form and content by this Board prior to its execution or delivery on behalf of the Midpeninsula Regional Open Space District; and BE IT FURTHER RESOLVED that the law firm of Rogers , Vizzard & Tallett be and the same is hereby retained, instructed and directed to do everything necessary to acquire all interests in the property described in Exhibit "A" , and they are further authorized to prepare and prosecute such condemnation proceedings in the proper court having jurisdiction thereof as are necessary for such acquisition, including the obtaininq of an order for immediate possession, if necessary, to prevent the development of such property, pursuant to the Code of Civil Procedure Sec . 1255. 410 et sec. f EXHtGrT page of All that certain real property situated in the County of Santa Clara, State of California, described as follows: PARCEL 6NE: All that portion of the Northeast Quarter (NE 1/4) of Section Twenty-Nine (29) in Township Eight South, Range 1 West, M.D.B. & M., lying Easterly of the Easterly line of Assessment Lot No. 79, as said Easterly line is shown upon that certain Map entitled, "Map No. 72 San Jose Water Works Lands", which Map was filed on February 26, i944 in Book 6 of Maps, at page 30, Santa Clara County Records. EXCEPTING THEREFROM all that portion thereof lying 16.50 feet on each side of the center line of Assessment Lot No. 70-B as said center line is described and shown upon that certain Map entitled, "Map No. 81 San Jose Water Works Lands", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, . State of California, on March 1, 1944 in Book 6 of. Maps, at page 35. EXCEPTING THEREFROM: All that portion thereof lying Westerly of the high water line of the east bank of the Los Gatos Creek." PARCEL TWO: LOTS 1, 2, 13 and 14 in Section 28, Township 8 South, Range 1 West, M.D.B. & M. EXCEPTING THEREFROM all that portion thereof lying 16.50 feet on each side of the center line of Assessment Lot No. 70-B as said center line is described and shown upon that certain Map entitled, "Map No. 81 San Jose Water Works Lands", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on March 1, 1944 in Book 6 of Maps, at page 35. ALSO EXCEPTING THEREFROM: That portion thereof lying within the bounds of the parcel of land described in the deed to Noviate of Los Gatos, by instrument recorded February 23, 1972 in Book 9715, Official Records, Page 309, as follows, to wit: COMMENCING at the section corner common to Sections 20, 21, 28, and 29 of Township 8 South, Range 1 West, Mount Diablo Base and Meridian. thence S. 89° 15' E., on and along the section line common to said sections 21 and 28, a distance of 880 feet, to the true point of commencement of the parcel of land herein described, thence from said true point of commencement, Southerly, at right angles to said section line, a distance of 325 feet, thence at right angles, Easterly, (and parallel to said section line), a distance of 150 feet, thence at right angles, Southerly, a distance of 310 feet, thence at right angles, Easterly, (and parallel to said section line), a distance of 185 feet, Continued/ EXHIL IT—A Page of thence at right angles, Northerly, a distance of 210 feet, thence at right angles, Easterly, (and parallel to said section line), a distance of 55 f6et, thence at right angles, Northerly, a distance of 425 feet to a point in the said section line common to said Sections 21 and 28. thence N. 89* 15' W., on and along said section line, a distance of 390 feet, to the true point of commencement, containing 4.35 acres, and being a portion of Lot 1 (NW 1/4, NW 1/4) of said Section 28. ALSO EXCEPTING FROM PARCEL TWO ABOVE DESCRIBED : A portion of the NW 1/4 of Section 28 , of Township 8 South , Range 1 West , M. D. B . & M. , described as follows : COMMENCING at the section corner common to Sections 20 , 21 , 28 and 29 of Township 8 South, Range 1 West , Mount Diablo Base and Meridian, thence S . 890 15 ' E . , on and along the section line common to said sections 21 and 28 , a distance of 1 , 270 feet TO THE TRUE POINT OF BEGINNING; thence from said true point of beginning , and continuing on and along said section line common to said Section 21 and 28 , S . 890 15 ' E. , 1, 560 feet , more or less to the 1/4 section corner standing in said section line and running North and South through the center of said Section 28 , thence on and along said 1/4 section line South 635 feet to a point , thence at right angles to said quarter section line and parallel to said section line running between said Section 21 and 28 , Westerly 1, 615 feet , more or less to the Southeasterly corner of that certain parcel of land described in the Deed to Novitiate of Los Gatos , by instrument recorded February 23 , 1972 in Book 9715 , Official Records , at page 309 ; thence from said Southeasterly corner , Northerly along the Easterly boundary of said parcel of land 210 feet , thence at right angles , Easterly (and parallel to said section line) 55 feet , thence at right angles Northerly 425 feet to the true point of beginning Said parcel contains 23 acres , more or less . ALSO EXCEPTING FROM PARCEL ONE AND PARCEL TWO ABOVE DESCRIBED: That portion thereof lying within the bounds of the parcel of land described in the deed to Town of Los Gatos, by instrument recorded October 9, 1967 in Book 7885, Official Records, page 241, as follows, to wit: "A portion of Sections 20, 21, 28 and 29 of Township 8 South, Range 1 West*, H.D.B. & M., described as follows: "Af Page 0 f .57 Beginning at a 3/4 inch iron pipe set at the Southerly terminus of the Easterly line of Jones Road, 40 feet wide, as shown on the Map of Tract N. 554, Stonehedge, filed July 18, 1949, Book 24 of Maps, page 18, records of Santa Clara County, said point of beginning also being the Southwesterly corner. of Lot 1, as shown on said Map; thence N. 89* 39' W. , along the Southerly terminus of said Jones Road and the Southerly line of Lot A, as shown on the Map of Canyon View Terrace, filed November 19, 1927, Book "W" of Maps, pages 22 and 23, Santa Clara County Records, 364.06 feet to a 2" x 2" stake set at the Southeasterly corner of Lot 7, as shown on the Map of Tract No. 330, Arroya Vista, filed July 8, 1946, Book 11 of Maps, page 14, records of Santa Clara County; thence N. 89* 36' 42" W., along the Southerly lines of Lots 7 and 8 of said Tract No. 330, Arroya Vista, 163.88 feet to a one inch iron pipe; thence along the Easterly line of the strip of land reserved for the old flume of the Los Gatos Manufacturing Co. , the following courses and distances: S. 9* 54' 32" E. , 232.98 feet to a one inch pipe; and S. 7* 35' 28" W., 95.04 feet to a one inch iron pipe set at the most Northerly corner of the 0.117 acre p'arcel of land conveyed to the State of California, by Deed recorded September 28, 1954, Book 2969 Official Records, page 49; . thence along the Easterly line of said 0.117. acre parcel of land the following courses and distances: S. 17- 131 23" E., 34.85 feet to a C.H.C. monument and .S. 17* 49"21". W., 176.84 feet to a one inch iron pipe set at the most Southerly corner thereof; thence S. V 46' 14" E., 171.90 feet; thence S. 80' 18' E. 255.48 feet to a one inch iron pipe; thence N. 26* 13' 19" E. 34.88 feet to a one inch iron pipe; thence N. 38* 00' 19" E. 29 feet to a one inch.iron pipe; thence N. 28* 55' 19" E. 93.27 feet to a one inch iron pipe; thence N. 27* 25' 19" E. 63.59 feet to'a one inch iron pipe; thence N. 33* 40' 19" E. 28.42 feet to a one inch iron pipe; thence N 37* 15' 19" E. 40.17 feet to a one inch iron pipe; -thence N. 67* 271 19" E. 11.23 feet to a"one inch iron pipe; thence N. 30* 25' 19" E. 73.55 feet to a one inch iron pipe; thence N. 35* 05' 19" E. 17.95 feet to a one inch iron pipe; thence N. 43' 55' 19" E. 46.15 feet to a one inch iron pipe; thence N. 37* 40'* 19" E. 13.93 feet to a one inch iron pipe; thence N. 23* 55' 19" E�. 28.35 feet to a one inch iron pipe; thence N. 18* 05' 19" E. 31.06 feet to a one inch-iron pipe; thence N. 21* 35' 19" E. 18.04 feet to a one inch iron pipe; thence N. 35* 40' 19" E. 15.16 feet to a one inch iron pipe; thence N. 46' 25' 19" E. 14.35 feet to a one inch iron pipe; thence N. 51* 35' 19" E.*47.55 feet to a one inch iron pipe; thence N. 46* 40' 19" E. 25.72 feet to a one inch iron. pipe; thence N. 40* 15' 19" E. 51.30 feet to a one inch iron pipe; thence N. 42* 40' 19" E. 63.83 feet to a one inch iron pipe; thence N. 46`50' 19" E. 26.84 feet to a one inch iron pipe; thence N. 35* 55' 19" E. 9.32 feet to a one inch iron pipe; -thence N. 28* 15' 19" E. 9.61 feet to a one inch iron pipe; thence N. 20* 25' 19" E. 69.18 feet to a one inch iron pipe; thence N. 12* 30' 19" E. 9.73 feet to a one inch iron pipe;' thence N. 6* 05' 19" E. 23.58 feet to a one inch iron pipe; which bears S. 89* 34' 43" E. from the point of beginning; E H!.L`3 i T past or thence N. 89* 34' 43" W. along the East prolongation of the Southerly line of Lot 1 as shown on said Map of Tract No. 554, Stonehedge, 55.86 feet to a 3/4 inch iron pipe set at the Southeast corner of -said Lot 1; thence N. 89' 34' 43" W. along said Southerly line 150 feet to the point of beginning and designated as 8.000 acres, more or less, on the Record of Survey Map filed June 22, 1967, Book 224, Maps, page 21, Santa Clara County Records. EXCEPTING THEREFROM: All that portion thereof lying Westerly of the high water line of the east bafik of the Los Gatos Creek." PARCEL THREE: THAT PORTION OF THE SOUTHEAST QUARTER (SE 1/4) .of Section 29 in Township 8 South, Range 1 West, M.D.B. & M., described as follows: Beginning at the 1/4 section corner standing in the Section line running between Sections 28 and 29 and in the Township and Range aforesaid, and running thence South along said Section line 591.36 feet to a point marked "H.W." (being the common corner of the land described herein and the lands formerly of Humphrey Estate Inc.) thence West along the Northerly line of said Humphrey land 724.02 'ieit, more or less, to a point of intersection with the Easterly line of Assiss- ment Lot No. 15, as said Lot and line are shown and described upon that certain Map entitled, "Map No. 71 of San Jose Water Works Land", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on. February 26, 1944 in Book 616of Maps, at page 29, records of said County; thence Northerly along said Easterly line of Assessment Lot No. 15, to the point of intersection of said Easterly line with the 1/4 section line running East and West through said Section 29; thence Easterly along the last mentioned line 736.56 feet, more or less, to the point of beginning. PARCEL FOUR: LOTS 3, 4, 5 and 6 in Section 28, Township 8 South, Range I West, M.D.B. & M. TOGETHER WITH the rightto construct and use a road or roads across Parcel 1A -described below, for access to and from the remaining property of the grantors localed Northerly of said parcel to the new two-way road to be built by the Grantee on said parcel, as reserved in the Deed from Novitiate of Los Gatos, to Santa Clara Valley Water Conservation District, dated September 20, 1951, recorded September 26, 1951. in Book 2290 of Official Records at page 207. 1A. EXCEPTING THEREFROM that portion thereof described in the Deed from Novit*iate of Los Gatos, to Santa Clara Valley Water Conservation District, recorded September 26, 1951 in Book *2290 of Official Records at page 207, described as follows: BEGINNING at a point on the Section line between Sections 28 and 3.3, Township 8, South, Range 1 West, M.D.B. & M., said point lying South 88* 38' East 1239.92 feet from Section corner 29/28 T 8 S R I W1 M.D.B. & M.; 32/33 yam.9'�S a d tr�•D thence leaving said point of beginning the following courses and distances: North 23° 43' East, 537.35 feet; North 60° 29' East, 664.95 feet; North 69° 29' East, 149.05 feet; North 85° 16' East, 640.55 feet to a point on the Easterly boundary of Lot 6 in Section 28, T 8 S. R 1 W, M.D.B. & M.; thence along said Lot line South 0° 05' West, 962.17 feet to the Southeast corner of the Southwest 1/4 of Section 28, T 8 S, R 1 W, M.D.B. & M; thence along the section line,between Sections 28 and 33, T 8 S R 1 W., M.D.B. & M, North 88° 38' West, 1571.78 feet to the point of beginning. CONTAINING 26.47 acres, more or less, and being a part of Lots 4 and 6 in Section 28, T 8 S R 1 W, M.D.B. '& M. 2A. ALSO EXCEPTING THEREFROM that portion thereof described in the Deed from Novitiate of Los Gatos, to Santa Clara Valley Water Conservation District, recorded November 7, 1952 in Book 2522 of Official Records at page 420, described as follows: Beginning at the 'section corner common to Sections 28, 29, 32 and 33, T 8 S R 1 W., M.D.B. & M; thence Northerly and along the Section line, North and South between Sections 28 and 29, T 8 S R 1 W., M.D.B. & M. North 654.66 feet to the point of intersection of said last mentioned section line with the center line of a 20 foot right of way hereinbefore conveyed to Santa Clara Valley Water Conservation District; . thence leaving said mentioned section line, North 85° 04' East 2181.91 feet and North 85' 16' East 640.55 feet to a point on the 1/4 section line running NOrth and South through the center of Section 28, T 6 8 S R 1 W., M.D.B.. & M; thence Southerly and along the last mentioned 1/4 Section line, South 0° 05' West 962.17 feet to the 1/4 section corner on the South boundary of Section 28, T 8 S R 1 W. , M.D.B. & M; thence Westerly and along the section line running East and West between sections 28 and 33, T 8 S R 1_W., M.D.B. & M; North 88° 38' West 2811.60 feet to the place of beginning. CONTAINING 52.232 acres of land, more or less. EXCEPTING THEREFROM -Parcel 1 of lands conveyed herebefore to Santa Clara Valley Water Conservation District, by Deed recorded.September 26, 1951 in Book 2290, Official Records, page 207. R-81-42 (Meeting 81-24 September 28 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 23 , 1981 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: A. Watt, Environmental Analyst/Writer SUBJECT: Review of Edgewood Park Plans Being Considered by San Mateo County Background: The Edgewood State College site was acquired jointly by the District and the County of San Mateo in October 1980 from the State of California. A Joint Powers Agreement details the role of each organization in the purchasermaintenance, development and operation of this site as a County park and open space area. One of the conditions of this agreement is that the District have advisory review and comment privileges on all environ- mental documents and park development plans . It is in this capacity that we are reviewing the Preliminary Master Plan for Edgewood County Park. The Preliminary Master Plan and Environmental Assessment were pre- pared at the request of the County of San Mateo by Torrey and Torrey, Inc. in conjunction with CHNMB Associates. On July 16 , 1981 , CHNMB Associates presented two alternative Preliminary Master Plans at a public hearing. Plan A would provide trails and picnic areas for daytime use, while Plan B calls for a golf course and fewer hiking and picnic facilities. The hearing was well attended, particu- larly by golfers , with the plans stimulating much interest and debate. In response to the public concerns, the consultants began work on plan revisions. At this point, District staff had its first oppor- tunity for review and comment on the proposals . The District was not able to comment in detail at that time, but the consultants were responsive to the District ' s preliminary suggestions . The revised plans were presented at a second public meeting on August 27 , 1981 (see attached Plans A and B. Note : the maps depict the original Plans A and B rather than revised plans . A list of revisions to each plan is attached. ) After three hours of vigorous public debate , the San Mateo Parks and Recreation Commission unanimously voted to recommend Plan B to the Board of Supervisors . In October, as we understand, the Board of Supervisors will con- sider both plans and presumably vote to accept the concept of one or the other. Details such as trail and fairway locations are not considered final in the Preliminary Master Plans. If the Board of Supervisors approves the concept of a golf course, the next step R-81-42 page two will be the preparation of a Final Master Plan with an Environmental Impact Report and completed design details. Proposals for the development, operation, and maintenance of a golf course would then be solicited, addressing the question of economic feasibility. The consultants will attend your September 28 meeting to present the plans to you. Site Description: This 467 acre site is the largest undisturbed serpentine area in San Mateo County. Located close to urban centers , it is known for its spectacular spring wildflower displays , with bright carpets of color visible to passing motorists on Interstate 280 . Unusual rock outcroppings , extensive views , and a variety of plant and animal life, including several rare species , make this area unique, and provide an outstanding open space experience for users . The site is divided by a north-south ridge containing three prominent knolls, which form a scenic backdrop for the adjacent Emerald Lake residential area. East of the ridge, the terrain is steep and rugged, cut by deep canyons and densely covered with chaparral and oak wood- land. West of the ridge the terrain is gently rolling, with large expanses of grassland. The serpentine soils underlying the grassland are responsible for the variety of wildflowers found on the site . Most of these can grow only on serpentine soil and include two rare species : the San Mateo Thornmint (Acanthomintha obovata duttoni) and Marin Dwarf Flax (Hesperolinon congestum) . Two other rare-wildflowers also found on the site, Fragrant Fritillary (Fritillaria liliacea) and San Francisco collinsia (Collinsia franciscana) , grow both on and off the serpentine. In addition, a large colony of the endangered checkerspot butterfly (Euphydryas editha bayensis) inhabits part of the prime serpentine grassland, depending upon serpentine plants for both larval and adult feeding. The site contains several year-round springs, which are a water source for blacktailed deer, coyote , fox, bobcats , and other wild- life. They may also provide critical habitat for the endangered San Francisco garter snake . The site is presently undergoing severe erosion during the rainy season, due to previous unauthorized motorcycle and other off-road vehicle use. Vehicular use of these trails, now largely controlled by County patrols , has resulted in severe soil loss , visual scarring, loss of wildlife habitat, and noise pollution in neighboring residential areas . Discussion: our recommendations are based on the objectives listed in the attached Parks , Recreation, and Open Space Easement, which accompanied the Joint Powers Agreement signed by the District and San Mateo County. District comments will help ensure observance of sound principles of environmental design and ecological balance in R-81-42 page three the management of the property, as well as adherence to terms and conditions detailed in the easement. We are specifically concerned about alterations of the terrain, soil, and natural vegetation, especially those which would damage rare plant colonies in the unique and unusual serpentine area. Plan A (Low-intensity Recreation) For the above reasons , we prefer Plan A, which provides extensive hiking and equestrian trails, both walk-in and drive-in picnic areas , and a park headquarters/interpretive center. We feel these features best utilize the natural landscape and provide a good variety of recreation. All sensitive habitats are preserved, and the trail system avoids the checkerspot butterfly and thornmint habitats . We have some concerns over the plan of the interior road, which may require extensive grading and disturbance to the unstable serpentine soil. Such a road would also require more patrolling than if visitor use was on foot from a compact parking area nearer the entrance. We also question the introduction of a large turfed recreation area over the serpentine along the interior road, which would detract from the natural character of the site. However, these concerns could be remedied in the final design by limiting the turf to non-serpentine areas , and reducing the length of the interior road. Plan B (Golf Course) Since Plan B has been recommended to the San Mateo County Board of Supervisors, we will focus our comments on it, considering both the overall concept and details of the plan which we believe could cause problems . 1. ' Environmental Assessment : overall, we find the consultant ' s presented data inadequate for the detailed review which would be rquired for golf course development. Both the geological map and the soils map appear to have been enlarged from existing regional scale maps . There are numerous inaccuracies that were observed in an on-site tour with persons knowledgeable about the geology and vegetation of the area. For example, the boundary of the serpentine is actually much higher than that shown on the map on the slope northeast of the walk-in picnic area. Professional geologists and soils engineers should be involved in any further planning, to provide the site-specific commentary required for environ- mentally sensitive planning. Delineation of the sensitive plant areas is also not sufficiently accurate for planning or review purposes. The map of rare/ endangered species accompanying the Environmental Assessment does not correspond with the "sensitive" areas as shown on the enlarged map of revised Plan B. For example , on the Plan B map the San Francisco collinsia colony is incorrectly located in the grassland instead of on the steep wooded slope south of R-81-42 page four the spring on the east side of the park. It will not be possible to protect these rare plant colonies unless they are accurately portrayed on a map showing both actual outlines of the colonies and suggested buffer zones to protect them from overwatering, overfertilizing, and other damage. Such mapping could be done in the spring. An additional inadequacy is the omission of the extensive network of existing trails and roads from the planning maps . It is not possible to tell which trails shown on the map represent new trails or which utilize existing roads or trails , although it appears that some new ones will be cut through woodland and chaparral . We strongly recommend that all subsequent planning maps show existing roads and trails. Careful consideration should be given to minimizing new construction in any develop- ment plan. 2. Geological Problems : There appear to be numerous geologic/soil constraints which should be addressed in consideration of this site as a golf course . Some of these were alluded to in the Environmental Assessment. First, much of the soil is expansive . It expands when wet and contracts when dry, forming deep cracks. Irrigation could lead to piping, i.e. the development of tunnels along these cracks , which could then collapse to form gullies. Such gullies would be a major maintenance problem for a golf course. Expansive soil often also causes problems in the construction of roads and light buildings. Second, there are slumps and other areas of soil instability throughout the area. Although they are not problems now, dis- turbance of the surface by grading and irrigation could cause numerous shallow soil slips. An example is the slump just down- slope of projected tee No. 4 . Such potential problem areas should be mapped and avoided in any golf course development. Third, some of the planned tees and greens have been placed upon rocky knolls which have little soil . The proposed location of tee No. 6 is an example, being largely rock. Development of such sites would probably require extensive grading and impor- tation of soil. We would want to know where such soil would come from, whether on or off-site . We are concerned about the potential impact of removing local soil, as well as the impact from the passage of large earth-moving equipment. Some of the planned fairways also appear to be in locations which will require considerable modification of the terrain. For example, No. 6 and No. 14 have tees on one side of steep gullies and greens on the other. Others cross or adjoin sensi- tive areas , making it likely that golfers will enter these areas to retrieve lost golf balls. For example, Nos . 3 , 7 and 17 all cross sensitive areas , and Nos . 5 , 6 , 8 , 10 and 11 adjoin sensitive areas . To get from No. 10 to No. 11 , golfers would have to cross the checkerspot butterfly area. R-81-42 page five A major concern is the water and drainage problem caused by a golf course. Currently, water from the west side of the park drains into a swampy area just east of the underpass planned as the park entrance. On a recent visit, in the middle of September, this area still contained standing water, indicating it is probably extremely wet in winter. With the addition of golf course irrigation water, either this swamp will get worse or extensive drainage systems will have to be constructed and will additionally modify the site. The wetland would disappear, altering the natural balance for plants and animals dependent upon it. Though we support the concept of natural areas be- tween fairways , we are also concerned about the extent of drainage required to confine irrigation to the introduced turf. The quality of the water draining from the site is another potential problem, since golf course water will be altered by the addition of fertilizer and herbicides. The disposal of sewage would also be a problem. Mention is made in the plan of holding drainage water in impoundment basins, but there is no provision made for such basins . What size would they be and where would they be located? Since the water drains into the San Francisco watershed, the final plan should be reviewed by the San Francisco Water Department. The above considerations raise serious concerns about the site modifications necessary to accomplish the objectives of golf course design. 3. Low-Intensity Recreation Opportunity: Since we hope that the park will provide a quality open space experience for all users, we are concerned about the reduction in facilities for low-intensity recreation users in Plan B. In contrast to Plan A, there are fewer hiking and riding trails , and the drive-in picnic area has been moved to the north- east corner near the intersection of Edgewood Road and 1-280 , an area which is noisy and lacks shade. Picnickers would be surrounded on two sides by roads and on a third by a golf course and parking lots . While we like the fact that this area is separate from the golfing facilities with its own parking area and provides access to the Hassler property across Edgewood Road, we feel there should be another more secluded picnic area also accessible by car. In the original Plan B, the drive-in picnic area was located in a swale behind the PG&E substation at the southern corner of the property, while in the revised Plan B, that area is desig- nated as a driving range. It appears to be less suited for use as a driving range , since the only open flat area is long and narrow, and golf balls would easily be lost in the dense under- brush on the steep slopes to the south. This site would be ad- vantageous for picnickers, however, in that the open area could be used for games and the long, narrow shape would provide space for many shaded private picnic sites . The steep sides of the swale shelter this area from highway noise . A parking area could be located adjacent to the PG&E substation, where it would not detract from the picnic table sites. R-81-42 page six If Plan B is adopted, conflicts between low-intensity recreation users and golfers should be minimized by keeping the facilities as separate as possible. However, as Plan B now stands, we feel non-golfers have been slighted. For example, hikers would have to park near the clubhouse to gain access to the walk-in picnic area on the hill. There is no direct trail connection from the picnic parking area to the walk-in picnic site. No trail is indicated along the western side of the park, making it difficult to walk from the proposed driving range to the clubhouse. The Plan does not indicate what facilities would be included in the proposed "day camp picnic area" at the northern corner of the park, or whether they would differ in Plans A and B. This appears to be a very nice area for a picnic area open to the general public during park hours , not simply to groups by permit. Regardless of which plan is ultimately adopted, some specific plans should be developed for correction of the existing erosion problem resulting from prior off-road vehicle use . Recommendation: I recommend that, after hearing the consultants ' presentation and considering their responses to the comments herein and your own, you direct staff to prepare a letter for the President' s signature to be sent to the Board of Supervisors with your comments on the plans. It appears that much more detailed environmental analysis , mapping and design are needed before the Board of Super- visors should make a final decision to proceed with a golf course. i�.:.:1_.':,`.This is the original 5 ,_ �'�r] an A. See follow- -- '✓; _�_,: ---� - %%�'_�:�.:..; ��.� _-_:__.jnq page for re- +y ;�:: "`_;;"r ....;^_.``-:•::, ��i-:% :: sions. `. — =: "7 / .s,� : ' �� •" t; . GROUP 4WIPING i L' ! n :r t 9 f i -- i 1� ,1. s ! ;t \11 �y ti'ti= Jam. i \ m _ \ I i L � ' i ' � .� rL.•`+�:..' .t.�^J^. s..v..fi1.-...,. /�' ~:3� �triA�:�:1..�..:•:. �J/( �\ s�`\ '\\. t "�r`»•.�f�:`° a . rr„�.,•.:�::� _ '•.\ '�_•C - . ��� �-• `;;�`_ ♦�� Rr' ;; INTERPRETIVE='` .... —�• '`-1 � .:..... \ ,� 1,CENTER ::: -?�` / ; \` •\';e �_ .x .:- PICNIC & PASSIVE RECREATIONAP,EA - LcG�=ND EXISTING VEGETATION SENSITIVE HABITAT \ ♦,..� � Illllfflll;lil[illl! ROAD EQUESTRIAN TRAIL •-•••-••�• INTERPRETIVE TRAIL PARKING PRELIMINARY MASTER PLAN AUTO ACCESS ° ,nty of San Mateo CHNNIB Associates date- 714181 Trey St Torrey Inc. REVISIONS TO MASTER PLAN A The following revisions have been incorporated into Master Plan A, which will be presented at the August 27, 1981 special meeting of the San Mateo County Parks and Recreation Commission: - "group" camping re-labeled "day camp." (erroneously labeled) - hiking and equestrian trails expanded. - individual and group picnic facilities added. - turfed recreation areas added. - walk-in picnic areas added. - park road added to provide access to two major picnic areas. - major park entry pulled closer to west side of 1-280, where 1-280 construction impact still evident. - access control point added east of 1-280. - access from Canada Road eliminated. - park headquarters/interpretive center with scenic overlook added. - all sensitive habitats preserved. - trail system avoids sensitive checkerspot butterfly and thornmint habitats. 4 J is the original . ✓. - __ � .: �f' ,�s:'�: �. B. See following cc or revisions . .. -;/ ` ` ~ :t -GROUP - ... ' •:~: f: i� ;:' yam—'_ _ _ __ .yrc/ ��•1.i .\bl ( /•'^� ;►)`fir-� J;• {��i v i its •,y y ,t GOLF COURSE M,••\;\;,_v t.� •CLUSri0USE — - •�` _ ., ,.,� _ i / rray �df1 1 - •r - i t e I �i. r•. i (! `\ � ,,^:fir.;' `..:#•: - ��' oo \\ �k� �r•Y?�•\• '''•::•�:1 •• �/mil` � • `= NZ \ \\` \� is i�: ��\\`` .?,•''\ l ` J,"'mot°:: (,�' ...\� 1='a^ N'D PICNIC & �PASSIV'E RECREATION AREA EXISTING VEGETAHON j I'a i SENSITIVE HABITAT ROAD GOLF COURSE BOONDARY EQUESTRIAN TRAIL INTERPRETIVE TRAIL 011 PARKING PRELINNARY MASTER PLAN �� AUTO ACCESS FffLF10 inty of San Mateo Ci-- NIMB Associates date: 7/9/31 Torrey & Torrey Inc. REVISIONS TO MASTER PLAN B The following revisions have been incorporated into Preliminary Master Plan B, which will be presented at the August 27, 1981 special meeting of the San Mateo County Parks and Recreation Commission: - green fairways minimized to maximize serpentine and wildflower preservation. - critical checkerspot butterfly habitat preserved intact within surrounding golf course. - no public or golf course access into checkerspot butterfly and thornmint habitats. - golf course designed to drain away from sensitive habitats or into intercepting drainage ways. - clubhouse relocated out of wetland habitat. - driving range added. - access road pulled closer to west side of 1-280, where 1-280 construction impact still evident. - hiking and equestrain trails expanded. - walk-in picnic areas added. - picnic areas added •to day camp area which is more scenic, and deleted from area behind P.G. & E. substation. - "group" camping re-labeled "day camp;" previous plan erroneously labeled. 5 M-81-97 (Meeting 81-24 ts, September 28 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 23, 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Program Evaluation for the 1980-1931 Fiscal Year Discussion: The material for the second program evaluation session for the 1980-1981 fiscal year is attached. For each of the District' s programs and subprograms, staff has summarized progress on the key projects and activities for the full 1980- 1981 fiscal year. In addition, the objectives and key projects and activities for 1981-1982 have been listed, and proposed changes to any key projects and activities have been typed in italics. Recommendation: It is recommended that you adopt the proposed changes to the 1981-1982 key projects and objectives. OPEN SPACE ACQUISITION PROGRAM Negotiations Subprogram 1980-1981 Key Projects and Activities 1. Convert the budgeted funds in the New Lands Commitment category into strategic open space lands at desirable prices (fair market value or less) . PROGRESS - Total acquisition efforts for the year resulted in the expenditure of $9 . 8 million for land purchases, and the New Lands Commitment category was overspent by approximately $2 .0 million. Including the Edgewood open space easement, 3 ,105 acres were added to the District's acreage total -- putting the District over the 10 , 000 acres mark! Not including the 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 increase this total to over $2 .0 million in gifts . 2 . Expend the previous land commitments backlog. PROGRESS - $1. 9 million of the $5 .4 budgeted for committed projects was expended, including the bargain purchases of Cooley Landing and Crittenden Marsh, the Peterson settlement , and the joint purchase of the Edgewood site with San Mateo County. The balance of committed projects are: Hassler and McNiel (both near closure, with McNiel actually completed in August 1981) , the Bear Creek Redwoods State Park (State completed its appraisal) , and the joint acquisition project of the Novitiate property with the Town of Los Gatos . 3 . Work with Peninsula Open Space Trust to enhance the overall open space goals . PROGRESS- The Crittenden Marsh and Windy Hill bargain purchases and the purchase of the former Dieterich property were com- pleted with POST. A portion of the funds from the Windy Hill purchase made it possible for POST to purchase the Rancho Raymundo property. 1981-1982 Objective Provide for the acquisition of all real property rights neces- sary to secure a recreational greenbelt in the foothills and baylands , utilizing the major portion of the District's income . 1981-1982 Key Projects and Activities 1. Convert the budgeted funds in the New Lands Commitment budget category into strategic open space lands at desirable prices (fair market value or less) including, where possible, private financing with favorable terms . 2 . Expend the Previous Land Commitments backlog. 3. Work with Peninsula Open Space Trust to complete at least one acquisition project that furthers the District' s overall open space goals . OrEN SPACE ACQUISITION PROGRAM Land Analysis Subprogram 1980-19-81 Key Projects and Activities 1. Continue information gathering process , order title reports where appropriate, and complete necessary legal research. PROGRESS - Forty-five preliminary title reports were ordered for parcels under consideration. The part-time legal intern researched title problems , legal issues , and wrote reports on information collected from various resources . Zoning, planning, and owner information was gathered for research parcels as a part of the ongoing parcel research program. 2 . Assemble comparable sales history and incorporate into new filing system. PROGRESS - Comparable sales histories were compiled on acquired parcels for background and in-house valuation. Chains of title were completed for three properties and District-wide comparable sales history were gathered in three areas. 1981-1982 Objective Provide the background information needed to carry on an effective land acquisition program. 1981-1982 Key Projects and Activities 1 . Analyze, in conjunction with open space management programs, particular geographic areas of the District, such as the bay- lands , to develop acquisition recommendations and project costs. 2 . Continue gathering current information on areas and projects of interest, including updating zoning and general plan information , and development potential and proposals . O� _N SPACE ACQUISITION PROGRAM Special Projects Subprogram 1980-1981 Key Projects and Activities 1. eliminate the current grant project backlog (see Negotiations Subprogram) , continue to submit timely grant applications for future projects , and follow-up on two existing and any new applications . PROGRESS - A new Land and Water Conservation Fund acquisition grant was not obtained this year, but the District did receive the Monte Bello Open Space Preserve development grant. The SB 174 (Roberti- Z 'berg) Edgewood project was completed ($365 ,000) , along with the Land and Water projects for Crittenden Marsh ($208 ,000) and the Edgewood site ($475 , 000 to the District) . The 1976 Parks Bond Act Monte Bello acquisition project was also completed ($814 ,000) . The 1980 Parks Bond Act was passed and will provide approximately $780 ,000 in acquisition funds for the Skyline Scenic Corridor and Hassler property. Additional SB 174 funds will also be available for one or more of the District ' s urban-oriented projects . An application was made for a State Coastal Conservancy Wetlands Enhancement Grant for $175 ,000 which includes funding for the acquisition of a parcel in the Cooley Landing area. The Leslie Salt parcel at Cooley Landing was acquired at the bargain price of $500 ,000, completing the San Mateo County Baylands Reserve Land and Water Conservation Fund Project. 2 . Seek and encourage agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space. Specifically, bring the Bear Creek Redwoods State Park joint project to conclusion and initiate at least one joint project with Santa Clara County. PROGRESS - Santa Clara County completed two projects - the addition of 35 acres to the Rancho San Antonio County Park and the ac- quisition of the 1,100 acre "Lake Ranch" . The cooperative project with San Mateo County for the Edgewood site was com- pleted. The future Bear Creek Redwoods State Park had $3,000, 000 in committed funds ($2,000 ,000-AB 990 , $400 , 000-County of Santa Clara, $400 ,000-MROSD, and $200 ,000-Save the Redwoods League) , largely due to District efforts . A joint project with the Twon of Los Gatos is in process with a Land and Water Conservation Fund grant for $465,615 and a joint project in the area of Lower Stevens Creek County Park is in the initial stages . 1981-1982 Objective Establish a broad base for the acquisition program by coordinating District efforts with other public and private agencies and develop additional acquisition revenue sources . 1981-1982 Key Projects and Activities 1. Eliminate the current grant backlog (see Negotiations Subprogram) , keep abreast of grants available to the District. Submit a new SB 174 grant project, at least one Land and Water Conservation Fund acquisition grant request, and a project for 1980 park bond act funds . Special Projects Subprogram Page two 2 . Test the market, and, if possible at favorable terms , market a new District note issue for land acquisition purposes . 3 . Seek and encourage other agencies and groups to undertake sole or joint acquisition projects , including the completion of the Bayfront trail in the Moffett-Ames area with Santa Clara County. Work with the State to secure the balance of funding necessary for Bear Creek Redwoods State Park and help them bring the acquisition project to a conclusion. Complete the Los Gatos joint project, as approved, and continue work with Santa Clara County on other cooperative efforts. OPI SPACE MANAGEMENT PROGRAM Plannin g,g Design and Development Subprogram 1980-1981 Key Projects and Activities 1. Continue to develop, review, and implement Board approved use and management plans, both in conjunction with the Open Space Acquisition Program and the annual review process . This also includes implementing the Monte Bello development plan when approved, leasing the Picchetti and Thornewood properties , and completing Hassler site preparation in conjunction with the Open Space Acquisition Program when plans are approved. PROGRESS - Seven District planning areas reviewed during the year (Rancho San Antonio review shifted earlier in year and no land within the West of Skyline and Baylands North planning areas to review) . Public meetings held for preparation of Picchetti Ranch Area and Windy Hill use and management plans. A total of 18 acquisition plans with use and management re- commendations prepared during the year. Picchetti and Thorne- wood lessors selected in April and June , respectively, following numerous committee meetings , and Land Acquisition Manager began work on lease negotiations . Draft of THassler environmental assessment completed by consultants. An application was submitted for a Wetlands Enhancement Crant from the Coastal Conservancy for the San Mateo Baylands Reserve. Two ARLO projects , utilizing Stanford students as volunteers , were supervised and assisted in the gathering of use and management base material. Ill'onte Bello Development grant was awarded, and the development plan was approved by Palo Alto, except for the parking lot. The parking lot application was withdrawn from San Mateo County and joint planning efforts with Palo Alto were begun in June to determine acceptable location for the parking lot. 2 . Continue to coordinate the planning of joint agency park projects by serving as a liaison between other governmental agencies . PROGRESS - Work centered around the Bayfront Trail . An applica- tion for a Coastal Conservancy Public Access grant was prepared, involving coordination between MROSD, Santa Clara County , Mountain View, and Santa Clara County Water District; the grant was awarded in July. Interagency meetings and meetings with Lockheed and Moffett Field were held on implementation of the Bayfront Trail. Staff participated in joint planning for the Slate Creek trail connection during the beginning of the year, but the project was subsequently dropped by the State. Staff worked with the State on the Bear Creek Redwoods State Park, and the ball is now in their court. Preliminary discussions held with San Mateo County regarding cooperation on the management of Hassler. Assisted Santa Clara County in the update of its Trails and Pathways Plan. Worked with Santa Clara County on the planning of Rancho San Antonio County Park, and during the second half of the year, focused on management problems following the Park 's opening. Coordinated with Santa Clara County on their planning for Phase II of the Park and the planning for the two newly acquired parcels (barn area and tennis courts) . Planning, Design and Development Subprogram Page Ewo 3. Resolve site emphasis questions and adopt policy as necessary. PROGRESS - Following a report from the Site Emphasis Committee , Board discussed various parts of the Committee ' s report at public meetings throughout the spring. In early July 1981 , the Board adopted its policies and policy decisions relating to site emphasis. Staff had previously been directed to 1) return to the Board in six months to one year with a suggested plan for the number and general location of emphasized sites and 2) return to the Board with a suggested set of guidelines for restrooms , drink- ing water, level of trail development, provision of maps , parking areas , and signs. 1981-1982 Objective Provide short term and long range acquisition planning and the formulation and review of use and management plans. 1981-1982 Key Projects and Activities 1. Continue to develop, review, and coordinate the implementation of Board approved use and management plans , including the Monte Bello development plan when parking lot location approved, follow-up on Picchetti and Thornewood adopted restoration and use plans , and conclusion of the Hassler demolition project upon acquisition of the property. 2 . Continue the liaison effort, in conjunction with the Open Space Acquisition Program where appropriate, for the planning of multi- jurisdictional projects , involving other agencies and non-profit groups. Obtain plan commitments from other agencies for the Bay- front Trail alignment and development. 3. Prepare a pZan for the number and general location of emphasized sites within the District subject to the site emphasis policy decisions. Review the planning process, including public participation, as it reaZtes to site emphasis. 4 . Review and begin the revision as appropriate of all land management policies and present in a coherent reference form. 5. Provide pre-acquisition planning necessary for acquisition decisions . Previous wording: Prepare comprehensive use and development general plan consistent with adopted site emphasis guidelines . OPEN SPACE MANAGEMENT PROGRAM Operations , Maintenance, and Volunteer Subprogram 1980-1981 Key Projects and Activities 1. Continue to provide a responsible level of stewardship of District lands , including planning for future organizational structure to meet the increasing user needs. PROGRESS - An active training program was carried out providing a total of nearly 800 hours of training for District Ranger staff . Major incidents involving District lands included several small fires and a major rescue operation. District Rangers issued 311 citations and 355 written warnings during the year and made several hundred additional enforcement contacts involving only verbal warnings. Field staff added all newly acquired property to existing patrol beats and has developed a more intensive weekend surveillance schedule for the heavily-used Rancho San Antonio Open Space Preserve. A draft long-range organizational structure was prepared in conjunction with the preparation of the FY 81/82 budget, and is expected to be presented for Board approval in September of 1981. 2 . Continue to implement approved site use and management plans and recommendations, including specific plans such as the Monte Bello fire management plan. Begin to prepare a comprehensive mainte- nance and operations plan for District preserves. PROGRESS - Almost all use and management plan recommendations have been implemented, although about 100 - 15% of the work scheduled for FY 80/81 has been carried over and will be completed during the first quarter of FY 81/82 . The Monte Bello fire management plan was approved and successfully implemented. A grant was obtained to cover the costs of this program. Staff has begun a facilities inventory of District sites and is developing a catalogue of District construction and maintenance specifications in anticipation of completing a maintenance and operations plan in FY 81/82 . 3. Continue to operate a docent interpretive program focusing on meetinq increasing user needs and program demands. Implement plans for regularly scheduled interpretive walks on Rancho San Antonio Open Space Preserve. Formulate plans for the development of a docent program for the Monte Bello Open Space Preserve. PROGRESS - The docent program has had continued success . Regu- larly scheduled tours and special programs accomodated approxi- mately 2 ,000 people during the year. Docent training has continued with the District adding 11 new docents during the year. An interpretive program was tried, on an experimental basis , at Rancho San Antonio. This program may be continued on a permanent basis in FY 81/82 . Planning for programming on the Monte Bello Open Space Preserve was deferred until FY 81/82 due to delays in the planned development of the site. Operations , Maintenar. and Volunteer Subprogra, Page two 1981-1982 Objective Provide responsible stewardship of District lands by providing those public safety and maintenance services necessary for the effective management of these lands. Part of the objective of this subprogram is to educate the public regarding features and proper use of these lands. 1981-1982 Key Projects and Activities 1. Continue to provide a responsible level of stewardship of District lands , including, subject to subsequent Board approval , adoption and implementation of a five year, lonq-range organization structure for field staff . 2 . Implement approved and funded force account portions of site use and management plan recommendations as scheduled. Prepare a comprehensive maintenance and operations plan for District preserves , including formalization of the District ' s preventative maintenance program. 3. Conduct a docent interpretive program, focusing on meeting increas- ing needs and program demands , using Los Trancos Open Space Preserve, Rancho San Antonio Open Space Preserve, and Monte Bello Open Space Preserve. Conduct an Edgewood spring wildflower walk, if feasible. OPEN SPACE MANAGEMENT PROGRAM Enterprise Activities Subprogram 1980-1981 Key Projects and Activities 1. Continue to administer existing leases and rental accounts. PROGRESS - 7 residential leases generated $22 , 960 in revenue. Additional agricultural leases and special rentals brought in an additional $20 ,850. 2 . Monitor staff time as well as out-of-pocket costs required to administer and maintain enterprise activities. PROGRESS - A cost accounting system was implemented to track materials costs and contract labor expenses associated with -nterprise accounts. An adequate cost tracking system for District labor has not been developed as yet. 1981-1982 .Objective Manage all the revenue producing activities. 1981-1982 Key Projects and Activities 1. Continue to administer all leases and rental accounts in such a way as to maximize income from enterprise accounts consistent with use policies., 2 . Prepare a cost/benefit grazing study. 3. Prepare a revenue producing study of District resources , evaluating previous studies , ecomonic trade-offs, and District policy guide- lines. 4 . Develop a plan to more effectively administer revenue producing activities. PUBLIC COMMUNICATIONS/GOVERNMENTAL LIAISON PROGRAM Public Participation and Education Subprogram 1980-1981 Key Projects and Activities 1. Continue printing and distributing the Openspace newsletter. Issue updated version of fact sheet as needed. Conduct tele- phone survey and incorporate findings in planning of future publications. PROGRESS - Two issues of the Openspace newsletter (out of three originally planned) were printed and distributed during 1980-81 . An updated fact sheet was prepared and distributed with news- letter #5 . The telephone survey originally planned as a follow-up to the newsletter was deferred for a variety of reasons , among them the lack of the volunteer help needed to conduct such a survey, the possibility of including the survey questions as part of a Master' s thesis and the Board' s feeling that the Public Communi- cations Program had higher priority tasks . The Openspace mailing list grew by 381 subscribers from 2052 to 2433 during 1980-81. 54 paid subscribers contributed a total of $666 . 50 toward printing and mailing costs. This was $152 less than the amount contributed in fiscal year 1979-80 . 2. Broaden the program of presentations with emphasis on scheduling talks to councils , planning commissions , park and recreation commissions, etc. Find new sources of "people power" to create new slide shows and display materials . Make effort to determine which kinds of presentations or displays are the most effective. PROGRESS - The Public Communications staff scheduled and/or participated in a total of 31 presentations and three displays during 1980-81. Audiences for the presentations included many more governmental bodies , environmental groups , and college or school groups than in previous years . Governmental agencies - 9 Environmental groups -10 College or School groups - 7 Social or community organizations- 5 The large District display spent most of the year in the lobby of the San Mateo County office building. Smaller displays were set up at the Los Altos Energy Conservation Fair in October and at the Friends of Hidden Villa Celebration in May. Throughout the year, the Public Communications staff worked with the Board members to schedule presentations to city councils, planning commissions , park and recreation commissions , etc. A tentative rotating schedule has been prepared for future presentations , and Board members are now being contacted for their input. Public Participation a Education Subprogram Page two Two new slide shows, the hiking and wildflower shows , were created and presented during the year. Several new people were involved in these efforts. These were the District docents who helped to prepare the wildflower show and the two others who assisted in presenting it to groups. Another docent began work on a multi- media presentation about the District for use in the public schools. Efforts to determine the most effective kinds of presentations or displays consisted mostly of paying attention to the kinds of requests we receive and the kinds of questions we hear at our presentations. The hiking and wildflower slide shows are responses to this kind of input. The frequency of requests for the various slide shows was as follows: Hiking show 8 Wildflower show 9 "Case for Open Space" 6 Other (usually selected slides on a particular topic) 3 1981-1982 objective Communicate clearly the District ' s programs and goals to its con- stituency, with the aim of generating greater public involvement and support. 1981-1982 Key Projects and Activities 1. Continue printing and distributing the Openspace newsletter. Issue updated version of fact sheet as needed. 2 . Continue program of public presentations and displays for community and school groups . Continue working with docents on new slide shows and display materials . Continue efforts to evaluate the most effective kinds of presentations or displays. 3 . Begin planning for the District' s Tenth Anniversary Celebration in November, 1982 . 4. PubZish information brochure based on site emphasis policy when adopted. PUBLIC COMMUNICATIONS/GOVERNMENTAL LIAISON PROGRAM Public and Private Liaison Subprogram 1980-1981 Key Projects and Activities 1. Accomplish priority items in District' s Legislative Program utilizing services of Legislative Consultant. The following progress has been made on priority A items and AB 547 in the Legislative Program for 1981 : (1) The District' s share of the property tax is intact. (2) Clean-up legislation on the Bear Creek Redwoods project has been sent to the Governor and the District is in close contact with key legislators regarding any needed additional funding. (3) Some progress has been made with the State on the Murray Ranch/Rancho Raymundo area. (4) State funds have been obtained for the joint District/ Mt. View project, and a marshlands enhancement grant application has been submitted. (5) AB 597 has passed the Assembly and has been sent to the Senate floor. 2. Communicate with San Mateo County elected officials regarding land use questions of mutual importance. PROGRESS - Action has been taken by San Mateo County assuring conformity of acquisition of open space with the General Plan. The District is now receiving advance notification of specific development plans. The District has participated in or attended public hearings and the tours regarding Skyline Corridor planning. A presentation about the District was made to the San Mateo Planning Commission. 1981-1982 objective Work with other public agencies and private organizations to secure legislative remedies to the problems created by reduced levels of funding and to complete projects of mutual concern. 1981-1982 Key Projects and Activities 1. Accomplish priority items for fiscal year in District' s Legislative Program utilizing services of Legislative Consultant. 2. Continue the program of informational presentations to public agencies and private organizations with particular emphasis on county and city planning departments and city councils within the District 's boundaries . Develop rotating schedule for reaching these groups . 3 . Communicate with San Mateo County elected officials regarding private development proposals , proposed rezonings , trail dedica- tion ordinances , and enhanced protection on the Skyline Scenic Corridor. PUBLIC COMMA—MICATIONS/GOVERNMENTAL LIAj0_)N PROGRAM W_ Media Subprogram W.� I r 1980-1981 e ro sec and Activities 1 . Continue regular communications with the press . PROGRESS - Regular communications with the press have been maintained through news releases , telephone calls , and personal contact with reporters , editors , and freelance writers . The District is currently receiving a great deal of press coverage. During the three months preceding the January program evaluation, 93 articles about the District appeared in regional newspapers . Thirty of these were "features" with photos or four or more columns of text. This trend has defi- nitely continued. 2. Develop contacts with radio and television stations . PROGRESS - Radio and television contacts have been established with KPIX (Channel 5) , KNTV (Channel 11) , KXRX radio, KGO radio , and KFJC radio at Foothill College. In each case , the initial contacts were made by the radio or TV stations as a result of newspaper stories or press releases about the District. District Board and staff members have appeared on Channels 5 and 11 and on KGO and KFJC radio. A series of Public Service Announcements for radio and television was prepared for the District by two Stanford students . Plans are being made for trying out the spots on various channels and measuring the amount of public response they generate. The possibility of a short film about the District suitable for TV is still being explored by a Stanford student as part of a Master' s program in filmmaking. If grant funds for such a project can be obtained, the film might be produced as part of the District ' s 10th anniversary celebration. 3 . Set policy guidelines for radio-TV publicity efforts . PROGRESS - The Board of Directors adopted a set of publicity guia—elines related to site emphasis policy on July 8 , 1981 . The guidelines for radio and TV are necessarily quite general . More specific guidelines may (or may not) emerge as the site emphasis policy is further refined. In the meantime, District publicity aimed at radio and television has been designed solely to increase public recognition of MROSD and its lands generally, but has not promoted specific sites. 1981-1982 Objective Work to increase public awareness of the District through news stories and feature articles in the press and other media as appropriate . 1981-1982 Key Projects and Activities 1. Continue regular communications with the media in accordance with the District' s basic policy relating to open information and cooperations. 2 . Develop and implement procedures for publicizing selected District sites in accordance with site emphasis policy guidelines . General Management and Program Support Page two 5. Continue to promote an atmosphere conducive to generating a crea- tive team effort. PROGRESS - Items 1 and 4 continue to be examples of ways to pro- duce a creative team effort. Management and administrative staff continued to meet on a weekly basis to review regular activity and work together on projects, such as formulation of program evalua- tions, the Action Plan, and the budget. Entire staff met to review District' s goals, land acquisition program and field operations. Acquisition staff met outside the office to discuss work and acqui- sition projects in progress. Management/administrative staff and land management staff discussed a work retreat, but were not able to formalize any concrete plans. 1981-1982 Objective Provide overall coordination, direction, and an administrative base for all District activities so as to maximize the accomplishment of the Board' s policies and directives. 1981-1982 Key Projects and Activities 1. Provide necessary interpretation, coordination, direction, and administrative base, including on-going review and updating of personnel-related matters, for District' s staff and programs in order to carry out Board policies, Action Plan, and specific actions according to written and unwritten Board priorities. 2. Forecast future revenues and develop strategies to provide neces- sary funding to carry out the Board' s programs and priorities. 3. Analyze District' s population distribution and redistrict by Board as necessary. 4 . Continue to promote an atmosphere conducive to generating a creative team effort, including at least one staff workshop retreat. M-81-98 14440 (Meeting 81-24 446 1&* September 28, 1981) �0 emw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 23 , 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Scheduling of Special Meeting Discussion: A Special Meeting should be considered early in October for the following purposes : (1) completion of the program evaluation item on the September 28 agenda, if it is not completed then, and (2) your annual performance evaluation for Legal Counsel. Recommendation: I recommend that you schedule a Special Meeting on Tuesday, October 6 , 1981.