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HomeMy Public PortalAbout19820908 - Agendas Packet - Board of Directors (BOD) - 82-19 Meeting 82-19 AA, or emw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Regular Meeting Wednesday Board of Directors 375 Distel Circle, D-1 September 8, 1982 Los Altos, California AGENDA (7:30) ROLL CALL APPROVAL OF MINUTES - August 25, 1982 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS SPECIAL ORDERS OF THE DAY (7:45) 1 . Resolution of Appreciation to Assemblyman Byron Sher -- K. Duffy Resolution of Appreciation to Assemblyman Byron Sher for His Efforts in the California Legislature in Behalf of the Citizens of Santa Clara and San Mateo Counties and the Midpeninsula Regional Open Space District NEW BUSINESS WITH ACTION REQUESTED (7:50) 2. Proposed Addition to Saratoga Gap Open Space Preserve (Zabel Property) -- C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (8:05) 3. Proposed Addition to Manzanita Ridge Open Space Preserve (P.M. and Associates Property) -- C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (8:20) 4. Opposition to Senate Bill 856 Regarding Logging Regulations -- C. Britton Resolution in Opposition to Senate Bill 856 and Requesting Veto Thereof (8:25) 5. Proposed Joint Meeting with Santa Clara County Parks and Recreation Commission C. Britton (8:30) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiations) ADJOURNMENT Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G Hanko,Richard S.Bishop,Edward G Shelley,Harry A.Turner,Daniel G Wendin Meeting 82-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS MINUTES AUGUST 25, 1982 I. ROLL CALL President Katherine Duffy called the meeting to order at 7:33 P.M. Members Present: Katherine Duffy, Daniel Wendin, Barbara Green, Nonette Hanko, and Harry Turner. Members Absent: Edward Shelley and Richard Bishop. Personnel Present: Herbert Grench, David Hansen, Jean Fiddes, Stanley Norton, William Tannenbaum, Joan Ferguson, and Dennis Danielson. II . APPROVAL OF MINUTES A) August 11, 1982 Motion: N. Hanko moved the approval of the minutes of August 11, 1982. B. Green seconded the motion. The motion passed unanimously. III . WRITTEN COMMUNCCATIONS J. Fiddes stated the Board had received the following written communi- cations : 1) a letter, dated August 9 , 1982 , from Senator Alan Cranston thanking President Duffy for informing him of the District's support for adequate funding for Land and Water Conservation Fund grants in fiscal year 1983; 2) a letter, dated August 18 , 1982 , from William J. Bergman, Jr. , Controller, San Mateo County, regarding the total value of assessable property within the District for the 1982-1983 fiscal year; and 3) a letter from Alice G. Bachtold, 5544 Alpine Road, Portola Valley, concerning the Windy Hill use and management plan. The Board referred Mrs . Bachtold's letter to staff for response to the concerns expressed in the letter. IV. ADOPTION OF AGENDA H. Grench requested that Ranger Joan Ferguson be allowed to make an informational report on her history of the District 's preserves after Oral Communications . K. Duffy indicated, with the Board's consensus, the agenda was adopted with the addition of an informational report from J. Ferguson after Oral Communications . V. ORAL COMMUNICATIONS H. Haeussler, 1094 Highland Circle, Los Altos , requested the District consider the possibility of having an overnight camping area for equestrians and their horses . Herbert A.Grench.Genera!Manager Board of Directors:Katherine Duffy.Barbara Green.Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A Turner.Daniel G Wendin Meeting 82-18 Page Two V. ORAL COMMUNICATIONS , continued Bob Fisse, 20225 Skyline Boulevard, Woodside, a candidate for Ward 6 , . requested incumbent directors seeking re-election not be allowed to campaign at any of the events planned for the District' s tenth anni- versary or via any printed material prepared for the anniversary, unless equal opportunities were presented for other candidates. He also requested all challengers be given ample notice of any planned activities so that they could be present. Director Hanko stated it was her under- standing no tenth anniversary events would be held before the November 2 General Election, and K. Duffy stated the Board' s consensus that all candidates for the position of director should be added to the activities and mailing list for the tenth anniversary. Tom Kavanaugh, 1726 Spring Street, Mountain View, noting the General Manager had announced at the previous meeting that two District employees would be expanding their hours because of the tenth anniversary, suggested the observance of the tenth anniversary be cancelled and the funds which would be saved by not increasing the employees' hours be contributed to the funds to keep Portola State Park open. H. Grench responded that the Park was going to stay open under new State funding and that only the additional increment of the employees ' time was directly related to the tenth anniversary activities. VI. INFORMATIONAL REPORT .Ranger Joan Ferguson briefly discussed her project of compiling the history of District preserves, which was distributed in the packet and available through the office. VII. OLD BUSINESS WITH ACTION REQUESTED A. Presentation from SamTrans Representative on Bus Service to Skyline Corridor D. Hansen reviewed memorandum M-82-84 , dated August 18 , 1982 , and introduced Marilyn Bunch, representative of the marketing division of the San Mateo County Transit District. Ms. Bunch stated the Transit District would be willing to cooperate with the District, but noted there were certain limitations, specifically commitments of revenue sources and bus maneuverability, that would have to be con- sidered in connection with bus routes along the Skyline corridor. Discussion centered on possible routes along Skyline Boulevard, access to buses for the physically limited, ability to take bicycles on buses, a pilot bus service route in the spring, having Skyline Boulevard bus stops near public open space, the use of smaller vehicles to shuttle people to and from a major bus stop to open space areas , and the most effective way to work with the Transit District. K. Duffy stated the Board' s consensus that the staff and Public Transportation Committee should meet and work out proposals for bus routes along the Skyline corridor and return to the Board at a future date for consideration of the proposals. B. Adoption of Interim Use and Management Plan for the Addition to Long Ridge Open Space Preserve (Rongey Property) D. Hansen introduced memorandum M-82-80 , dated August 12 , 1982 , noting staff had not received any public comments on the proposed interim use and management recommendations for the former Rongey property since the last meeting. Meeting 82-18 Page Three Motion: N. Hanko moved the approval of the interim use and manage- ment recommendations for the addition of the Rongey property to the Long Ridge Open Space Preserve. H. Turner seconded the motion. The motion passed unanimously. Motion: N. Hanko moved the dedication of the property as public open space. H. Turner seconded the motion. The motion passed unanimously. C. Proposed Addition' to Long Ridge Open Space Preserve (Bodhi Property) H. Grench introduced memorandum M-82-86 , dated August 16 , 1982 , regarding the agreement relating to Covenants, Conditions , Restric- tions, and Reversion Running with the Land for the Bodhi property, noting the Board had approved the subject land exchange contingent upon the acceptance of the agreement before the Board for approval. W. Tannenbaum discussed the content of the agreement and distributed a revised Exhibit A for the agreement, stating there were no substan- tive changes in the revised legal description for the property. N. Hanko, based on information provided by Sam Jones, 16891 Stevens Canyon Road, Cupertino, requested the Soil Conservation Service be included in the list of agencies in Section 14 of the agreement from which Bodhi shall seek advice in devising a plan for management and enhancement of the lake as an aquatic resource. In response to questions posed by Janet Schwind, 11825 Skyline Boule- 7-vard, Los Gatos, a neighbor of the property, discussion centered on access across the Bodhi property and the Long Ridge Open Space Pre- serve to neighboring property and notification of the Long Ridge Open Space Preserve neighbors of matters which the Board would be considering relating to the Preserve. H. Grench stated staff would present a future agenda item to the Board on the review of access rights across the Long Ridge Open Space Preserve if there was a change in current use, and D. Wendin requested staff review the public notification procedures to determine if any changes were necessary. Motion: D. Wendin moved the approval of Resolution 82-37 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Covenants, Conditions, Restrictions and Reversion Running With the Land (Long Ridge Open Space Preserve - Bodhi Agreement) with the inclusion of N. Hanko' s amendment in Paragraph 14 and the new Exhibit A. B. Green seconded the motion. The motion passed unanimously. Motion: D. Wendin moved the approval of the amended interim use and management recommendations, including the naming of the site, as contained in report R-82-33 , dated August 4, 1982 , and as amended in memorandum M-82-86 . H. Turner seconded the motion. The motion passed unanimously. Motion: D. Wendin moved the Board dedicate the parcel as an addition to public open space. H. Turner seconded the motion. The motion passed unanimously. Meeting 82-18 Page Four D. Final Adoption of Use and Management Plan for Windy Hill Open Space Preserve D. Hansen reviewed memorandum M-82-82 , dated August 17 , 1982 , and stated staff had not received further comments on the plan prior to the meeting. K. Duffy suggested including mileage marker designa- tions on maps and descriptions indicating how to get to District preserves. In response to K. Duffy' s question regarding the barbed wire fencing near the Spring Rige parking area hiking stile D. Hansen stated the barbed wire was needed because of the grazing on the site, but staff would be reviewing the placement of a stile, .inconnection with the Windy Hill trail construction. Motion: H. Turner moved the Board adopt the use and management recommendations for the Windy Hill Open Space Preserve as contained in report R-82-32 with the amendment contained in memorandum M-82-82. B. Green seconded the motion. The motion passed unanimously. The Board recessed for a break at 9 :16 P.M. and reconvened for the public meeting at 9 :23 P.M. E. Program Evaluation for the 1981-1982 Fiscal Year - Open Space Manage- ment and General Management and Program Support H. Grench introduced memorandum M-82-70, dated August 12, 1982 , and D. Hansen reviewed the program evaluation material for the Open Space Management Program. He noted the words "if not completed by June 30, 1982" should be deleted from the 1982-1983 key project and activity relating to the participation in the final preparation of the lease arrangements for the Picchetti and Thornewood -sites. Motion: N. Hanko moved the acceptance of the 1981-1982 program evaluation for the Open Space Management Program. B. Green seconded the motion. The motion passed unanimously. Motion: N. Hanko moved the Board adopt the proposed change to the 1982-1983 key project and activity for the Open Space Management Program. H. Turner seconded the motion. The motion passed unanimously. H. Grench reviewed the program evaluation material for the General Management and Program Support section. Motion: B. Green moved the acceptance of the 1981-1982 program evaluation for the General Management and Program Support section. N. Hanko seconded the motion. The motion passed unanimously. VIII. NEW BUSINESS WITH ACTION REQUESTED A. Wetlands Jurisdiction N. Hanko reviewed her memorandum M-82-85 , dated August 19 , 1982 , regarding Congressional Bill H.R. 3962 which, if passed, would weaken federal protection of San Francisco Bay wetlands by the U.S. Army Corps of Engineers , as. well as other water areas within the United States. She read a letter she had drafted to express the Board' s opposition to H.R. 3962 and administrative changes to Section 404 of the Clean Water Act. In response to a question from Meeting 82-18 Page Five T. Kavanaugh, Director Hanko amended a sentence in the draft letter to read "We support State legislation to expand the authority of BCDC with adequate public notification procedures , if all else fails" . Motion: N. Hanko moved the adoption of the letter of concerns to the public agencies and people listed in memorandum M-82-85 concerning the wetlands. B. Green seconded the motion. The motion passed unanimously. B. Proposed Annexation of the Portions of Two Open Space Preserves Outside District Boundaries. H. Grench reviewed memorandum M-82-82, dated August 17 , 1982 , and explained the annexation procedure, noting the adoption of the proposed resolution would initiate the annexation proceedings with the Santa Clara County Local Agency Formation Commission. He indi- cated the three areas. being recommended for annexation on the large display map. Motion: B. Green moved the adoption of Resolution 82-38 , a Resolu- tion of the Board of Directors of the Midpeninsula Regional Open Space District Requesting Initiation of Annexation Procedures by the Santa Clara County Local Agency Formation Commission. H. Turner seconded the motion. The motion passed unanimously. IX. INFORMATIONAL REPORTS (continued) K. Duffy reported the Cupertino City Council had voted not to require any public access to the Fremont Older Open Space Preserve from the proposed Seven Spring development and had amended the City' s General Plan to eliminate such trails. H. Grench stated he had received a positive response from the General Managers of the other open space districts in the area regarding the Not-So-Annual Conference, and Saturday, December 4 , 1982 was tentatively selected as the date for the meeting. He noted that the item would be placed on a future agenda for formal Board consideration. H. Grench, showed the Board the Land and Water Conservation Fund plaque that would be displayed at the Monte Bello Open Space Preserve. X. CLAIMS Motion: D. Wendin moved the adoption of the revised claims C-82-16 , dated August 25 , 1982 . H. Turner seconded the motion. The motion passed unanimously, with N. Hanko abstaining from item 3514 to I. B.M. XI. CLOSED SESSION The Board recessed to Closed Session on land negotiation matters at 10: 17 P.M. XII. ADJOURNMENT The Board reconvened to adjourn the meeting at 11 :26 P.M. Jean H. Fiddes District Clerk Claims 82-16 Aur-•st 25 ,1982 M( ng 82-18 Re - -sed MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S # Amount Name Des*c:4ptiorf 3496 $ 178.65 Alvord & Ferguson Ranger Uniforms 3497 53.19 Jim Boland Binoculars 3498 26.63 Carolyn Caddes Photos 3499 270. 83 Betsy Bechtel l0th Anniversary Coordinator's Fee-July 3500 270.83 Eleanor Huggins 10th Anniversary Coordinator' s Fee-July 3501 200.00 W.A. Cordtz Consulting Fee-Pichetti Lease 3502 350.00 W.J. Chandler Associates Consulting Fee-Almaden Property,- 3502 66 .00 The Country Almanac Election Ad 3503 116.41 H. S. Crocker Co. , Inc. Miscellaneous Office Supplies 35.04 10. 48 Crest Copies Reproductions 3505 8.64 Ewert' s Photo': Duplicate Slides 3506 10.50* Federal Express Delivery Charge 3507 32..60 Jean Fiddes Private Vehicle Expense 3508 3,665. 00 First American Title Insurance Title Escrow and Notary Fees- Co. Coal Creek Open Space Preserve 3509 9 17. 30 Graphicstat Map Reduction 3510 42.00 Herbert Grench Hotel Deposit for NRPA Conference 3511 476.*57 Harfst Associates,Inc. Computer Services 3512 107. 51 The Hub Schneider's Ranger Uniforms and Law Enforcement Equipment 3513 45 .23 Hubbard and Johnson Construction Material-Monte Bello Development Project 3514 112 . 72 IB't\,l Typewriter Supplies 3515 314. 28 Lawrence Tire Service , Inc. District Vehicle Expense 3516 174. 80 Meredith Newspapers Election Ad 3517 1,500.00 Metro Real Estate Research AVpraisal . for Cseuz-Liebelt Property 3518 30. 74 Robert McKibbin Educational Assistance 3519 1, 587. 40 Mc'Creery-D sign Co. Site Identification Sign-Monte Bello Open Space Preserve � 3520 120. 00 National Recreation & Park Annual Membership Dues-H.Grench Association L Page Claims 82-16 Revised august 25 1?12' Meeting 88 y� Amount Name Description 3521 $ . 12.00 Amerigas Oxygen/Acetylene Refill 3522 336.17 CA Water Service Co. Water-Rancho San Antonio 3523 197. 93 Orchard Supply Hardware Chain for Gates and Miscellaneou Field Supplies 3524 10.49 Peninsula Office Supply Miscellaneous Office Supply 3525 46.00 Pete Ellis Dodge District Vehicle Repair 3526 110.00 Las Palmas Pool Service Pool Service-July 3527 70.20 REI Co-op Ranger Uniforms 3528 5,000. 00 Kurt L. Reitman & Associates Appraisal-Coal Creek Open Space Preserve 3529 3,000.00 Rogers ,Vizzard and Tallett Legal Services-July 3530 205. 70 S & W Equipment Co. Generator and Field Equipment Repair and .Miscellaneous Field Supplies 3531 7. 84 San Jose Art Drafting Materials 3532 29. 70 The Stanford Daily Election Ad 3533 2, 350. 00 Christopher Taaffe Cleanup of former McNiel Property 3534 21:25 Union Oil Co. Gas for District Vehicles 3535 500.00 U.S. Postmaster Postage for Meter 3536 475.00 Town of Woodside Grading Permit-Thornewood 3537 1,275. 50 Valley Title Co. Title Insurance and Escrow Fees-- Liebelt/Cseuz Property 3538 42. 60 Lisa Varney Ranger Uniforms 3539 167.57 West Coast Shoe Co. Ranger Uniforms 3540 484. 35 Xerox Maintenance Agreement and Monthly Installment Payment 3541 132. 81 Del Woods Books and Private Vehicle Expens 3542 58. 58 ZZZ Sanitation Portable Toilet-Los Trancos Open Space Preserve 3543 *249.41 First American Title Purchase of Rongey Property Insurance Co . 3544 50.00 Jean Fiddes Advance for Postage Meter 3545 6 ,821. 37 Keogh,Marer & Flicker Legal Fees 3546 160.11 Petty Cash Postage ,Photographic Supplies, Photo Processing,Mi.scellaneous Office Supplies, Local -Meal Con- ferences, Private Vehicle Expens *At the meeting of August 11,1982 claim 3493 was approved in the amount of $215 ,000. 00 to First American Title Insurance Co. for the purchase of the"Rongey Property. _The final cash requirement was $215 ,249.41. The additional amount of $249.41 was issued as an emergency check,#5089,August 12 when escrow was closed. M-82-87 AA (Meeting 82-19 Adw Sept. 8, 1982) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM August 30, 1982 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Resolution of Appreciation to Assemblyman Byron Sher The attached Resolution of Appreciation to Assemblyman Byron Sher has been prepared for your adoption in order to thank Byron officially for authoring AB 2521. The bill was signed by Governor Brown on July 7 , 1982. Byron will be at the meeting to accept the Resolution. RALUTION OF APPRECIATION T(- ASSEMBLYMAN BYRON SHER FOR- HIS EFFORTS IN THE CALIFORNIA LEGISLATURE IN BEHALF OF THE CITIZENS OF SANTA CLARA AND SAN MATEO COUNTIES AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, Assemblyman Byron Sher has recognized the District' s need to have legislation to extend the years the District may lease land, and WHEREAS, he authored Assembly Bill 2521 which would allow a maximum lease of fifty years of District lands for park and open space purposes, historic preservation, recreation or agriculture which is compatible with public use and enjoyment of the property, and WHEREAS, the Governor of the State of California has approved AB 2521, NOW THEREFORE, THE BOARD OF DIRECTORS OF THE MIDPENIN- SULA REGIONAL OPEN SPACE DISTRICT DOES RESOLVE to express its appreciation to Byron Sher for his assistance to the District and to the citizens of Santa Clara and San Mateo Counties. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on 1982 , at a regular meeting thereof, by the following vote: AYES: in favor thereof: Directors: NOES: ABSENT: President, Board of Directors ATTEST: Secretary R-82-35 (meeting 82-19 September 8, 1982) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT August 30 , 1982 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: W. Tannenbaum, Real Property Representative; D. Hansen, Land Manager; D. Woods, Open Space Planner; M. Gundert, Associate Open Space Planner SUBJECT: Proposed Addition to Saratoga Gap Open Space Preserve (Zabel Property) Introduction: The Midpeninsula Regional Open Space District is being offered the opportunity to purchase approximately 106 acres of land along Highway 9 (Big Basin Way) in unincorporated Santa Clara County. If acquired, the property would become an addition to the Saratoga Gap Open Space Preserve. A. Description of the Site 1 . Size, Location and Boundaries The 106 acre property is bounded by Highway 9 and private property to the south and private property to the north, east, and west. The Saratoga Gap Open Space Preserve is located one-half mile to the west of the subject property, and Castle Rock State Park is located approximately one-half mile to the southwest. 2 . Topography, Geology, and Natural Landscape The property is comprised of a north-facing ridge which yields to steep hillsides to the east and west. The steep side-slopes found on the property extend from a high elevation of 2300 feet in the southwest corner to a low of 1400 feet in the northeast corner. Two unnamed creeks flow through the property prior to entering Stevens Creek in the canyon to the north. The San Andreas Rift Zone is located approximately one-half mile to the northeast. Soils on the property are formed from sandstone which are prone to landsliding. The natural vegetation of the property is principally Douglas fir, oak, and madrone forest, with riparian vegetation along the creek banks and chaparral in the central area on the ridge. Scotch broom clusters line the disturbed road- sides of the property. R-82-35 Page two B. Planning Considerations The property is located within unincorporated Santa Clara County and within the sphere of influence of the City of Saratoga. Open space use of the land is consistent with General Plans of both the County and the City of Saratoga. The property fronts on Highway 9, a designated State Scenic Route. The property has a composite rating of medium on the District's Master Plan, which ranks foothill and bayland areas according to importance as open space resources . C. Current Use and Development Vehicular access to the site is from Highway 9 by way of a road which extends over approximately 500 feet of the neighboring property. The District would receive an easement for patrol purposes over this road upon acquisition. The scope of the easement as it relates to public use is currently being re- searched by the title company. The main road enters the subject property in the southeast corner and winds through the property to the north. Two additional roads branch from the main road; however, a landslide has made one branch road entirely impassable, and both branch roads are very overgrown with chaparral and Scotch broom. Several landslides have periodically restricted use of the main road through the property, and the creek crossing on this road is nearly washed out and in need of repair and stabilization. The road is primarily used and maintained by an adjacent neighbor who has an easement for access to his property. A developed well is located on the property near the northern boundary and serves the adjacent property. There are remnants of old foundations in this area and hazards are not apparent, but the surrounding area will be explored further. D. Potential Use and Management Public parking for approximately three cars could be accommodated at the roadside turnout adjacent to the access road. The land would be managed as a natural area and be open to hikers and equestrians who gain access to the site from Highway 9 or from adjacent properties with owners ' permission. The existing trails on the property offer some beautiful views of the Stevens Creek watershed and particularly Monte Bello Ridge. The main road through the site traverses the steep slopes of a year-round creek which has numerous small waterfalls and pools to explore. The existing trail system on the property is in need of some landslide repair and vegetation removal. R-82-35 Page three E. Interim Use and Management Recommendations 1 . Boundary plaques should be placed as appropriate. 2 . The site should be open for public use to people gaining access from adjacent properties and Highway 9 . 3 . The creek crossing on the main road is nearly washed out and in need of major work if it is determined it should be kept open for vehicle access. Currently, the adjacent property owner maintains this road and the crossing. Staff will investigate the need for maintaining the crossing at a standard suitable for District patrol vehicles or at a lower standard suitable for only hiking/equestrian access. The District will contribute to the repair of the crossing according to the projected use of roadway beyond the creek. F. Dedication Although the property could be a useful site by itself, further planning needs to be done. The property should also be withheld from dedication at this time since the District does not own the land between this site and the Saratoga Gap Open Space Preserve at Saratoga Gap and needs to work with the intervening property owners to see what trail rights might be obtained. G. Naming The property would become an addition to the Saratoga Gap Open Space Preserve and be officially known by the same name. H. Terms The District ' s option for the purchase of the subject property calls for a payment of $250 , 000 . Of this total, $150, 000 will be in the form of a ten year note at an interest rate of 8% payable in quarterly installments. The cash payment at the close of escrow would be $100 , 000 , which would come from the New Land Commitments budget category. The total purchase price averages $2345 per acre for the entire 106 . 618 acre holding. This parcel is zoned HS-20 , which requires 20-160 acres per site based upon a slope density formula. Calculations indicate that this parcel would support one building site based upon slope density. Recent comparable sales of similar property in the vicinity of the subject parcel are sparse, but based on available data, the terms of the present purchase are attractive. For example, a 10 . 5 acre unimproved site in the vicinity of the subject parcel was sold in 1980 for a total of $45 ,000 or approximately $4300 per acre. Another nearby unimproved parcel was recently listed at a price of $149, 000 for 17 acres or a unit price of approxi- mately $8700 per acre. R-82-35 Page four Recommendation: I recommend that you take the following actions: (1) adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Saratoga Gap Open Space Preserve - Zabel Property) . (2) tentatively adopt the interim use and management recommendations contained herein; (3) tentatively adopt the use of the name Saratoga Gap Open Space Preserve for the property; and (4) withhold the property from dedication at this time. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION ( SARATOGA GAP OPEN SPACE PRESERVE - ZABEL PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Edward Zabel et al. 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 appropriate officers to execute the Agreement on be- half of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a certificate of acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5000 . 00 to cover the cost of title insurance , escrow fees, and other miscellaneous costs related to this transaction. :;: :: z�' .,.,,..-.__sue � :,: :tip': EXHIBIT A - SITE MAP (USGS) Permanence upemm PROPOSED ADDITION TO �g =�` = F �" -°• SARATOGA GAP OPEN SPACE PRESERVE SM iu�a =rrw. _ �^•^_ v%i 1 4 iU.�Y.�.I CHEEK ri — North - 2.002J V. ry,1� r� � .0 � � n..E• .yoKr.��j E El Co fe V. � V, / �� :� •��`'. FYI i„1 .,EW�'," ..a-_ - r HBO i \ �• �/^��1. Na a �M� ( ,`r a '�_�` �; - = �`fir -�---�- -�• --��—.-t -r-�— � F,o t� .� ,� i`��� ,���, _ Tom-, l t•. •�,, �, �,�� 1 soffle 1 23 UZI - _ ... A aiQrac:.,•:. - J62W L - k PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between EDWARD ZABEL and LEO ZABEL, hereinafter called "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER's real property located within an unincorporated area of the County of Santa Clara, State of California, containing 106.618 acres, more or less, commonly known as Santa Clara County Assessor's parcel number 503-37-007, and being more particularly described as Parcel 1 and Parcel 3 in preliminary title report No. LG-474054 from Western Title Insurance Company, Santa Clara County, Los Gatos office; said report being designated Exhibit "A" , as attached hereto and' by this reference incorporated herein and made a part hereof. The purchase of said parcel includes, but is not limited to any and all easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements and fixtures attached or affixed thereto. 2. PURCHASE PRICE AND MANNER OF ,PAYMENT The total purchase price shall be Two Hundred Fifty Thousand and -No/100 Dollars ($250,000,00) payable in the following manner: a) DISTRICT shall pay the sum of One Hundred Thousand and No/100 Dollars ($100 ,000.00) in cash upon close of escrow as hereinafter provided. b) The remaining balance of said purchase price of One Hundred Fifty Thousand and No/100 Dollars ($150,000 .00) shall be evidenced by a promissory note which shall be paid in quarterly principal installments of Three Thousand Seven Hundred Fifty and No/100 Dollars ($3 ,750 .00) , or more, together with accrued, tax-free interest, at the rate of eight percent (8%) per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full. Said note shall be secured by a first Deed of Trust against the subject property. 3. WAIVER OF STATUTORY COMPENSATION SELLER understands that it may be entitled to receive the fair market value of the Property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et seq. SELLER acknowledges that it is familiar with the applicable federal and California Law. SELLER hereby waives all existing and future rights it may have to receive the fair market value of the Property under any applicable federal or California Law. Purchase Agreement Page two Zabel 4. TITLE AND POSSESSION Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judgments, easements, taxes, assessments, covenants, restrictions, rights , and conditions of record except: a) Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b) Typewritten exceptions number 2 through 15, listed in Preliminary -Title Report number LG-474054 (Exhibit "A") . c. The Deed of Trust as mentioned in Paragraph 2 herein above. d. Any other such title exceptions as may be acceptable to DISTRICT /zz7 5* COSTS r-8,,yor, ' ckrfmi5A e�t:5 42�r &B-L-� shal pay all escrow, recordingi% andcustomary ti tj Sal g net 4*uctcA insurance charges and fees incurred in this transaction.Q *oiai o; SELLER shall be responsible for, and pay all costs of any. re-9_;.1t1,,o* , conveyance of DEED of TRUST, full release of mortgage, payment!s,000-1, of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 6. COMMISSIONS DISTRICT shall not have any obligation to pay any real estate agent's commission or other related costs or fees in connection with this transaction. 7. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of said property, nor are any persons occupying said parcels. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs , liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease , rental agreement, or occupancy of said parcels being acquired by District (including but not limited to relocation payments and expenses provided for in Section 7260 et seq. of the California Govern- ment code) . 8. ACCEPTANCE AND TEMPS OF ESCROW DISTRICT shall have sixty days after execution by SELLER to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the aforesaid real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As consideration for the tender of the offer the DISTRICT has paid and SELLER acknowledges Purchase Agreement Page three Zabel receipt of the sum of Ten and No/100 Dollars ($10.00) . Provided this Agreement is accepted and executed -by DISTRICT as above provided, this transaction shall close through an escrow to be conducted by Western Title Insurance Company, 210 Almendra Avenue, Los Gatos, California 95030, or other such escrow holder as may be designated by DISTRICT. Said escrow shall close within thirty (30) days after acceptance by DISTRICT or later upon written agreement of the parties hereto. 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns, or successors in interest of the parties hereto. MIDPENINSULA REGIONAL OPEN SELLER: I SPACE DISTRICT: APPROVED AS TO FORM: 12 J A/1 d Za bel abet Stanley Norton, District Counsel ACCEPTED FOR RECOMMENDATION: / r Leo ZA el Rzam S. Tannenbaum Real Property .Representative ' e Date RECOMMENDED FOR APPROVAL: Herbert Grench, General Manager APPROVED AND ACCEPTED: President, Board .of Directors ATTEST: Clerk of the Board of Directors Date - PRELIMINARY REPORT pjr/cls WESTERN TITLE INSURANCE COMPANY 210 C!-eedy #a 1`4`311P 2m4 S:-,!e' 142 sl"eel LQ;Gvon.Ca',''­n San Josi,CaLlo'r-3 95!13 tSa AI*Cs 9401.2 (408)354.6071 (403)293-2433 (415)948-1C86 304 S Abel Street 253 Lytton Avinue 1645 WiVow Street tkioaa5.Caldonea 95035 Palo Alto,CaWoma 9430I San Jose-cahfornia 95125 (408)262.9472 (415)323.0051 (40a)267-9050 DIRECT ALL CORRESPONDENCE TO: LOS GATOS OFFICE Our No. LG 474054 NST GATEWOOD.GALLERY OF HOMES Your No. 260 Saratoga Avenue Los Gatos, California ESCROW OFFICER: 1" 1,44 i-oe 64 In response to the above referenced application for a policy of title insurance, WESTERN TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facili- tating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated at 7:30 a.m. on April 1, 1982 z ;41 Vice r si The estate or interest in the land described herein and which is covered by this report is: Parcels One and Two: a fee Parcel Three: an easement Title to said estite or interest at the date hereof is vested in: EDWARD ZABEL, a married man, as to an undivided 1/2 interest, and LEO ZABEL, a married man, as to an undivided 1/2 interest. EXHIBIT___� of Note CLTA FORM NO.7110-23-69)-UNIFORM PRELIMINARY REPORT-SEE PAGE TWO FOR EXCEPTIONS PAGE TWO OF PRELIMINARY REPORT-ORDER NO. LG 474054 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form woula be as follows: 1. 1982-83 taxes a lien, not yet payable. 2. The right of the public to travel over any and all existing roads across the property hereinafter described including Congress Springs Road, as established in 1928 and Redwood Gulch Road, formerly kncrwn as flarenco or Marengo Road. Affects Parcel Two. 3. The right for the slopes or of the excavation or embank.,-.-ient necessary for the construction and i-.iaintenance of t!"le Congress Springs ITZoad to e.,-.-tend over and across the right of way thereof and onto the ajoining lands of the grantors,, as granted in the Deeds conveying the right of way for said road, one from Joseph 1-7. Leggett, et al , to County of Santa Clara, dated April 27 , 1928 and recorded July 9 ,, 1928 in Book 415 of official Records, page 18, and one. from Kathleen Norris, et al, to said County of Santa Clara, dated June 5, 1928 and recorded September 5, 19280 in Boo): 420 of Official Records , page 412. Affects Parcel "-Vo. .4- Easement for road purposes over Big Basin Way. 5- Easement granted to Green Mansions, Inc. a California corporation, by deed recorded October 26, 1965, Book 7154., Official Records, page 371 and subsequent deeds of record, as follows : . An easement and right of way in, over,,, under, along, and through a strip of land of the uniform width 0." 50 feet, which said easement and right of way is to run from the Easterly boundary line of said Section 6 to an existing Road which gives access in the Congress Springs Road; thence along said existing Road to its terminus in the Congress Springs Road; and is for the purposes of ingress and egress, and for the installation, operation, maintenance, repair and replacement of public utilities and storm and sanitary sewer pipe line, and is for the benefit of and appurtenant to lots 1 and 2, and the South 1/2 of the Northeast 1/4; and the Southeast 1/4 of Section 6, T. 8 S. 'J' R. 2 M. D. V. & M. Affects Parcels one and Two. 6. Easement for ingress and egress, and the construction and maintenance of public utilities , storm and sanitary sewer pine lines and appurtenance , to Heather Hei(rht Ltd. , thereto granted Californi-a corporation by . instrument recorder; October 26, 1965, Book 7154 OR, page 372, and by subsequent deeds of record. Affects : The exact location of said easement cannot be determined from the records . Affects Parcel Two. 7. Easement for ingress and egress , and the construction and maintenance of public utilities and storm and sanitary sewer pine lines and appurtenances thereto granted to Valley Title Company, . _ , a corporation by instrument recorded October 26 , 1965, Boo'r-1 7154 OR, page 374 , and by subsequent deeds of record. ;�'Lfects : The exact location of said easement cannot be dete--.-uned from the records , Affects Parcel Two. EXHISEr Page a 0 PAGE THREE OF PRELIMINARY REPORT - ORDER NO. LG 474054 Easenent for ingress and egress , and the construction and maintenance of public utilities and storn and sanitary sewer pipe lines and appurtenances thereto granted to Heather Heights Ltd. , a California corporation by instrument recorded October 2G, 1965 , B00% 7154 OR, page 376, and by subsequent deeds of record. Affects: The exact location of said easement cannot he determined from t-he records. Affects Parcel Two. Easement for ingress and egress , and the construction and maintenance of public utilities and storm and sanitary sewer pine lines and appurtenances -thereto granted to Le-uis E. Hollander, et u-.-: by instrument recorded October 2G, 1965, Bool: 7154 OR, page 378, and by subsequent deeds of record. Affects : The exact location of said easement cannot be determined from the records. Affects Parcel Two. 10. Easement for ingress and egress, and the construction. and maintenance of public utilities and storm and s'anitary sewer pipe lines and appurtenances thereto granted to Rlchard *il. Guelich, III et u.: by instrument recorded October 26 , 19G5, Boo): 7154 OR, page 379 , and by subsequent deeds of record. affects : The exact location of said easer.-tent cannot be deterriined from the records. Affects Parcel Two. 11. Reserving a right of way for ingress and egress and the installation and maintenance of public utilities reserved in deed from Valley Title Compahy, a corporation, recorded May 18., 1966, Book 7384, Official Records, page 50 and granted by subsequent deeds of record in, over, upon and through a strip of land' of the uniform width of 70 feet the centerline of which is to be coincedent to the center line of that certain 50 *foot easement granted in the Deed to Green Mansions , inc. , 4 corporation, recorded October 26., 1965, in Book 7154 of Official Record page 271, which said basement runs from the Westerly' line of Section 5., Township 8 South, Range 2 West, Mount Diablo Base and Meridian, in a general Easterly direction to the center line of and existing road located thereon which gives access to Congress Springs Road; thence along said center line to its terminus in the Congress Springs Road, the foregoing easement and right of way is to be appurtenant to and for the benefit of the East 1/2-of Section 6, Township 8 South., Range 2 I.-[es-k'-', Mount Diablo Base and 11'eridian Affects Parcel One. Notice of Violation of Grading Ordinance by the County of Santa Clara, dated. February 18, 1973, Book 0243 Official Records , page , 352. Affects Parcel One. (Continued) PAGE FOUR OF PRELIMINARY REPORT - ORDER NO. LG 474054 13. Easement for drainage purposes and incidents thereto, granted to the State of California by deed recorded October 30, 1973, Book 0630, Official Records, page 700, described as follows: COMMENCING at a point on the general northerly line of the existing State Highway, 60 feet wide, (Road 04-SC1-9y distant N. 640 15' W., 30.00 feet from Engineer's Station 174+35.00; thence N. 64' 15' W., 20.00 feet; thence S. 25* 45' W. , 20.00 feet; thence S. 640 15' E., 20.00 feet to said general northerly line; thence along last said line N. 25° 45' E., 20.00 feet to the point of commencement. Affects Parcel One. (r14- Any effect of uncertainty or insufficiency of the description of the location of the easement referred to as Parcel Two over the servient lands described in said easement. 15. Easement for ingress and egress, installation, maintenance and repair of public utilities, storm and sanitary sewer pipes and appurtenances thereto, granted to Theresa Lynn Depew recorded July 31, 1980, Book F473, Official Records, page 349. The exact location cannot be determined from the records. Affects Parcel One. NOTE: 1981-82 TAX INFORMATION ( assessed separately) Tax Bill No. : 503-37-007 Code Area: 60-002 lst Installment: $429.56, PAID 2nd Installment: $429.56, PAID j Land.: $76,937.00 Imp: $- . Tax Bill No. : .503-37-009 Code Area: 60-002 lst Installment: $146.01, PAID 2nd Installment: $146.01, PAID Land: $25,468.00 Imp: $ 1,379.00 EXHIBIT- A Page--� of�� ORDER NO. LG 474054 Those parcels of land in the County of Santa Clara, State of California, described as follows: PARCEL ONE: The Southwest 1/4 of Section 5, T. 8 S o $ R. 2 W. , I4. D. B. , & m. EXCEPTING THEREFROM all that portion thereof conveyed by John Widney to Joseph W. Leggett by Deed dated September 12, 1924 and recorded September 17, 1924 in Book 110 of Official Records, page 219, and being more particularly described as follows : COMNIENCIIIG at the Southwest corner of Section 5 of Township 8 South, Range 2 blest, M. D. B. & M. and running thence Easterly along the Southerly line of said Section 5, 466.69 feet; thence at right angles Northerly '166.69 feet; thence at right angles Westerly 466.69 feet to the Westerly line of said Section 5 and thence at right angles Southelly along said Westerly line of Section 4, 466.69 feet to said Southwest corner and point of commencement. ALSO EXCEPTING THEREFROM all that portion thereof conveyed by John Widney to John S. Widney, et al, by Deed dated October 30, 1924 and recorded December 6, 1924 in Book 118 of Official Records, page 584, and being more particularly described as follows : COMMENCING at a point on the Southerly line of Section 5 T. 8 So , R. 2 W. , M. D. B. & M. , distant thereof 466.69 feet Easterly from the corner of Sections 5, 6, 7 and 8 of said Township and running thence easterly along said southerly line of Section 5, 466.69 feet; thence at right angl Northerly 466.69 feet; thence at right angles Westerly 466.69 feet; and thence at right angles Southerly 466.69 feet to said Southerly line of Section 5 and the point of commencement. ALSO TOGETHER WITH an easement and right of way apprutenant to and for the benefit of the Southwest 1/4 of Section 5, Tawrnshp 8 South Range 2 West, M. D. B. & M. for the purpose of ingress and egress and for the installation and maintenance of public utilities, in, over, under and across a strip of the uniform width of 50 feet, extending from the Easterly line of said Southwest 1/4 of Section 5 in a general Northeasterl direction along the most practical route to the Redwood Gulch Road, the exact location of said 50 foot strip to be established by mutual agreement between the parties hereto, their heirs , successors or assigns. (CONTINUED) K f 61 T !T page or-LQ ORDER NO. LG 474054 - Pg. 2 of Description ALSO EXCEPTING TIIEREFORPI ALL that portion thereof described as follows : BEGINNING at a point on the Westerly line of said Section 5 at the point of intersection thereof with the center line of Congress Spring Road, as established by Deed from Cathleen Norris, et al, to the County of Santa Clara by Deed dated June 5, 1928 and recorded September 5, 1928 in Book 420 of Official Records, at page 412; thence from said point of be— ginning along said center line in a general Easterly and Southerly directio to the point of intersection thereof with the Northerly line of that certain parcel of land described in the Deed from John Widney to John S. Widney, et al, dated October 30, 1924, and recorded December 6, 1924 in Book 118 of Official Records, at page 584; thence along said last named line and along the Northerly line of that certain parcel of land conveyed in the Deed from John Widney to Joseph W. Leggett, ,dated September 12, 1924, and recorded September 17, 1924 in Book 110 of Official Records, at page 219, Westerly to a point on the said Westerly line of Section 5; thence along said last named line, Northerly to the point of beginning. ALSO EXCEPTING THEREFROM all that portion thereof described as follo:•:s : BEGINNING at a point at the Southeast corner of the Southwest 1/4 of said Section 5; thence from said point of beginning, Northerly along the 1/4 Section line running North and South through the center of said Section to the point of intersection thereof, with the center line fo Congress Spring Road, as established by deed recorded September 5, 1928 in Book 420 of Official Records, at page 412, from Cathleen Norris, et al, to the County of Santa Clara; thence along said center line in a Southwesterly direction to the point of intersection thereof with the Southerly line of said Section 5; thence along said last named line, Easterly to the point of beginning. (THE POLICY OF TITLE INSURANCE TO BE ISSUED HEREUNDER WILL NOT INSURE, BUT FOR INFORMATION PURPOSES ONLY, WE MOTE, AS APPARENTLY APPURTENANT TO THE PREMISES ABOVE DESCRIBED) , an easement and right of way in, over, under, along and through a strip of land of the uniform width of 70 feet c•rhich shall run from the Easterly boundary line of said par ce•1 of land Easterly to Congress Spring Road for the purposes of ingress and egress and for installation, operation, maintenance, repair and replacement of public utilities and storm and sanitary sewers pipe lines. The parcel of land over which said easement and right of way shall run is described as follows : The North 1/2 of the Southeast 1/4 of Section 5, T. S. , R. 2 Ir:. , M. D. B. & M. (CONTINUED) ORDER 1,10. LG 474054 - Pg. 3 of Description EXCEPTI14G THEREFROM all that portion thereof conveyed in the Deed from Samuel Frazer to Antonio Marenco, dated March 30, 1881 and recorded March 31, 1881 in Book 59 of Deeds, page 217, and as excepted in the Deed from Samuel Frazer to John Widney dated June 9., 1883 and recorded June 25, 1883 in Book 68 Of Deeds, page 413*. 4, ALSO an easement and right of way appurtenant to and for the benefit of the Southwest 1/4 of Section 5, Township 8 South., Range 2 West, M. D. B. & M. for the purpose of ingress and egress and for the installation and maintenance of public utilities., in, over, under and across a strip of the uniform width of 50 feet, extending from the Easterly line of said Southwest 1/4 of Section 5 in a general Northeasterly d-l-rect-ion along the most practical route to the Redwood Gulch Road, the exact location of said 50 foot strip to be established by mutual agreement be- tween the parties hereto, their heirs, successors or assigns. C� (WHEN DRAWING PAPERS., OMIT PORTIO14 IN BRACKETS AND SUBSTITUTE THEREFORE THE WORDS "TOGETHER WITH") PARCEL TWO: A portion of Section 5, Township 8 South, Range 2 V.-est- , Mount D i ab 1 o Base and Meridian, and being more particularly described as ZEollc�-as : Begirn,ning at a point at the Southeast corner of the Soutly.-Fest 1/4. of. said Section 5; thence from said po-,n-#- of beginning, northerly along the 1/4 section lin6 running north and south through the center of said section to the point of intersection thereof; with the centerline ofl- Congress Springs Road, as established by deed dated June 5, 1928 and recorded September 5, 1928, in Book 420 of Official Records, at page 412 , from Cathleen Harris ,, et al , to the County o::! Santa Clara; :thence along said center line in a Southwesterly direction to the point of intersection thereof x-,7ith the Southerly line o7- said section 5; thence ' along said last na:,.icd line, easterly to the poiY't of kncj PARCEL THREE: Together viith,, appurtenant to and for the benefit of the parcel of land first hereinabove described, an easement and, right. Of %7ay in, over under., along and through a strip of land of the i2ii-form '...,idth of 78 feet wilich shall run from the Easterly Louuridary line of said parcel of land Easterly to Congress Springs RoaC, In"or th-0 P=00ses Of ingress and egress and for the ins tall ai�ion , operation , maintenance, repair and I replacement of public utilities and store ant; sanitary sewer pipe lines. EXHIBIT Page (CONTINUED) ORDER NO. LG 474054 - Pg. 4 of Description The parcel of land over which said -'asciaent and right of way shall run is described as follo-us: The North 1/2 of 14--he Southeast 1/4 Of Section 5, !_;'ournship C South, 1jange 2 West, Hount DiaI)lo Base and 11cridian. E--,:ceptin(j therefrom all that portion thereof conveyecl in the need, from Saruel Frazer to :\zitonici Harenco, dated March 30, 18'u1 and recorded Narch 31, 1881, in Book. 59 of: Deeds, page 217, and as C::cCPtq,_'7 in the dccu from, Scu--.wel Frazer to John 17-idney dated June 9, 1833 anC, recorued June 25, 1883, in Book G8 of Deeds, page 413. lie note, but do not insure : An easer-.ient and right of way appurtenant to and for the benefit of the Southwest 1/4 of Section 5, Township 0V South, rant 2 West-, i:oj_­j4E_- Diablo Base and 11cridian, for t-he purpose of ingress and _ for cc s:; e rid or the installation and r-mintenance of PWA-1c utilities, in over Lmder and across a strip of: the uniform .-Iid t-h of 50 feet,r e::tandinra from the Baste-riv line o-;r_: said Sout-11west 1/4 of Section 5, in a general Northeasterly direction along the x,,,ost practical route to the Redwood Gulch Road, the ezact location of said 50 c0o' stri*o to be established by r.­tutual agreement between the parties hereto, their heirs , successors or assigns. Paige The information herein set forth is supplemental to Preliminary Report No. LG 474054 and is made a part thereof. According to the puhlic records, there have been no deeds conveying the property described in this report recorded within a period of six months prior to the date of this report except as follows: NONE Le�} Form 13t'3 /d vSrro-": S 1J•1 /J' SUP✓` YOf' !d A Srrwn.re S.v'»v .fr.P•.r[L[1 7'A,s mop corr AV-frlor fits rn S/rrent Cite[• unrrrr my d, LANDS Oe GEORar OiFNDEN1Vf.V6 LAAW OF LE'0A/Za6E•L men/j o/ /h `' Lrc ZAgrc /D DOO 'AG g LAti OJ 0<• LEWr S E.NOLLANo[',C 1,CC6 SS 5' �� ..sr!13 �' 0 flS�_ 12.9/ 5.17 JJ ass h rJ R'd.b�» /n a od/ucI mrr /�J[J7t�/eNo/`•s%/��:�rdrii!/�i/, S6y•0d'4I•E,117978 Jo G/r Wu:iL t 1J' Chrl,5 %[S I fJrrrnmd of o/d ryas Ore1d a umP of wr/nrs /see Nisl. fJnrrrwrns of hr wrfnrsifrro couNrr SU 77�ra rnop ha. I ihe rtdo crier L9/S y o� / a ry 4 GOUNT)' RE v Q Fi/e Vo. y� v v 00 Fi/ed lk 1 ANOS of Nrr•rf"J rie ti h �r�O B45/S OF / .Jo o.,moo fy• �(N�r �� Ju xt,no[ / 7/ ® 0 ©� The Lrorm .9'' P oa ahownrrr-5 a��d ti r h r� w ..3 71 4l't,r/S•» No. 4Z.P07cr d r Y 3 hOevn On f/r � o�[or.trr o, r"scw..y O r.ana,re•.�it,v'o O ' CUE'VE OAT4 „r C R L 14ND5 OrEDW1100ZABEL �0 / LSO !t•/J' /9410 /Z.9Z/`AC r 2 ZSD Z6"/3' ///,J9 B WA 1,• 0 3 ZSO ZI'00' /04 7Z T ^OI 7 G /10O 7•13, /S//I K (lJ' O l J•Jr'l,J?so __ ro�� S /00 JS'IS� Gt.IO n{ a L riy'rt F. ZSO 40'Sa• /7C44 O r vet r t /utJ L CaneiD(v) � 7 /SO 7'SO' ZZ 9 9-5 SECT/0. ` su•p•rvJtfJ r 3 � h Q /Z0 7G'32' /Lo.Z9 S4740 /ran p v /90 S3'42 /I9.9L /n /75 /OS'SO' 373.ZS NB9'/d'11"t<' 04 O // BOO /0'43' /IL43 f LaNOS OC-ED!-t'A4-.0 ZABEL a /z Z Z s 52.3d' 1oL 49 ZANo s '::;:: . /�/os-A[• .S4NTA C D IV3:•sr£,roe.[] Q GfOPGi ,FOW4 e I J.00 'Ac ti rn v V ` ` 7�_ /S/IOrCf7, t ViG'r/J'/[err C s O r�i3'v—awr,of wfi/rn 7lrcrnO3 f/Pr, yIS n vtf is'c ur[ /Zd0 .9S SEGS �45 s.c.c r40..o[,oso Z/2 E.A 71,7, R-82-36 (Meeting 82-19 September 8 , 1982) OF 46 ame MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 3, 1982 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: W. Tannenbaum, Real Property Repre- sentative; D. Hansen, Land Manager; D. Woods, Open Space Planner; M. Gundert, Associate Open Space Planner SUBJECT: Proposed Addition to Manzanita Ridge Open Space Preserve P .M. and Associates Property Introduction: The Midpeninsula Regional Open Space District has the opportunity to acquire 21 . 3 to 23 . 7 acres of land located adjacent to the Manzanita Ridge Open Space Preserve. The property would provide a needed parking area and gateway to the existing Preserve and thereby increase public access to and usability of the growing public open space area south and east of Highway 17 . The acquisition agreement provides for a 2 . 4 acre portion of the total 23 . 7 acre property to be retained, at least initially, by the current owners (see attached map) . Development of this site for one residential unit would not impact use of the Preserve and would save the District overall acquisition costs. Under the Agreement the District offers to purchase the parcel, and the owners would sell if they do not feel after further investigation that it is a feasible building site. A $105, 000 reduction would be made in the overall purchase price if the total 23 .7 acre property did not in fact transfer into District hands . For purposes of the present use and management recommendations, the 2 . 4 acre remainder parcel is treated as part of the acquisition. A. Description of the Site (1) Size, Location and Boundaries The 23 .7 acre property is located within the Town of Los Gatos and connects the northern portion of the Kennedy Road Area of the Manzanita Ridge open Space Preserve (former Kennedy Trails property) with Kennedy Road. The property is bounded by Kennedy Road to the north, the District ' s Preserve to the south and private property to the east and west. (2) Topography, Geology and Natural Landscape The gentle to moderate slopes found on the property extend from an elevation of 760 feet along Kennedy Road to a high of 1000 feet along the southern boundary of the property. The upper R-82-36 Page two portion of the site offers panoramic views of south Santa Clara Valley and the southern end of the East Bay foothills. The land is primarily grasslands , with remnants of old orchards of walnut and apricot trees. Star thistle is invading much of the grassland. An intermittent creek flows through the southeasternmost corner of the property. B. Planning Considerations The entire property is zoned agricultural. A Williamson Act Agricultural Preserve contract covers the property; however, if acquired, the contract would automatically be cancelled on the District' s acquisition. Open space use of the land is consistent with the General Plan for the Town of Los Gatos. The Town of Los Gatos has indicated Kennedy Road as a rural scenic route, and the adopted trails plan for Santa Clara County shows a trail through the property linking Kennedy Road and the Manzanita Ridge Open Space Preserve. The property has a medium rating in the District' s Master Plan, a composite rating system indicating the importance of land as open space. C. Current Use and Development Two roadways exist on the property: a paved driveway bisecting the northwestern corner of the site and an unimproved dirt road leading from Kennedy Road through the length of the property to the District' s Preserve. A chain link security fence with two gates delineates the property line along -Kennedy Road, with primary access to the property through the westernmost gate. The District has held an easement on the unimproved road leading to the Preserve since the time of purchase of the adjacent property. Two driveways branch from this road and enter adjacent properties . The paved road is within a 30 foot right-of-way serving as a primary access to a neighboring property. A large water tank is located on the southern portion of the site and serves as the water source for adjacent neighbors. Several bee hives, which are maintained by a neighbor, are also located in this area. D. Potential Use and Development Public access to the upper portions of the Preserve would be improved by providing a natural gateway area fronting on a public road and a potential parking lot site on the proposed acquisition. A relatively flat area adjacent to Kennedy Road could be developed to accommodate approximately 10 cars . In the meantime, access would be limited to parking along Kennedy Road or to those visitors entering the property from adjacent trails and with the permission of neighboring landowners. The Regional Parks, Trails and Scenic Highways Plan of Santa Clara County indicates a trail through the property connecting Manzanita Ridge Open Space Preserve with Kennedy Road. Acqui- sition will ensure the continuation of this trail route, and provide a means by which the trail can be more easily used and managed. R-82-36 Page three E. Interim Use and Management Recommendations 1 . The site will remain open for hiking and equestrian use. 2 . Boundary plaques and regulatory signs will be placed where necessary. Cost: $50 3 . Staff will prepare a plan to replace the chain link fencing with a more appropriate fence, gate and stile. Specific recommendations will be made when staff returns to the Board with the use and management plan review for Manzanita Ridge Open Space Preserve. 4 . The unimproved road will be maintained for patrol purposes. 5 . Staff will work with the neighbor to relocate the bees to a more suitable location away from the public trail. If they are to remain on the Preserve, the owner may be requested to provide security fencing. F. Dedication I recommend that you indicate your intent to dedicate the 21 .3 acre portion of the total property but that actual dedication be delayed at least until the sellers decide whether to retain the 2 . 4 acre site. G. Naming I recommend that the property become an addition to the Kennedy Road Area of the Manzanita Ridge Open Space Preserve. H. Terms The attached purchase agreement has two parts. Initially, the District will purchase 21 . 3 acres of the entire 23. 7 acre holding of P.M. and Associates. The purchase price for the 21 . 3 acre parcel ( "Parcel A") is $530 , 000 . Of this amount, $430,000 is to be paid in cash, with the balance of $100,000 being due on or before January 7 , 1983 . No interest is to be paid on the above balance secured in the form of a promissory note. It is the intent of the District to leave a remainder parcel equal to approximately 2 . 4 acres ("Parcel B") which will, it is thought, be approved by the Town of Los Gatos as a legal building site. The attached purchase agreement allows the seller of the larger parcel until January 7 , 1983 to decide whether to retain the 2 . 4 acre site or sell that portion to the District. During the time between the close of escrow on Parcel A and January 7 , 1983, District staff will be working with the Town of Los Gatos to secure confirmation that Parcel B will be viewed as a legal building site. Such confirmation will play an important role in the seller' s decision either to retain Parcel B or sell it to the District. Should the seller elect to sell Parcel B to the District, the face amount of the promissory note for the $100 , 000 balance due on Parcel A will be increased by $20 , 000 . The entire note of $120,000 will then be due, still without accrued interest, on or before January 7 , 1983 . This, in effect, will result in the District ' s purchase of the entire holding of P.M. and Associates of 23 . 7 acres. R-82-36 Page four However, the sellers also have an option to retain Parcel B for anticipated development. Should this be their choice, they will sign a promissory note to be paid to the District in the amount of $85, 000 payable over a seven year period at 12% interest, with interest-only payments and a balloon payment of the principal due at the end of the seven years . It should be noted that any improvements on Parcel B, should that site be retained, will be subject to District' s design review and approval. Recommendation: I recommend that you adopt the proposed Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Addition to Manzanita Ridge Open Space Preserveo- P.M. and Associates) . I further recommend you adopt the interim use and management recommendations contained within this report, indicate your intention to dedicate the site, and adopt Manzanita Ridge Open Space Preserve- Kennedy Road Area, as the official name of the site. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE OPEN SPACE PRESERVE - P.M. AND ASSOCIATES PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between P.M. and Associates , a limited partnership, 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 appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a certificate of acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5 ,000. 00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. 1. V �� {`� 1 /(�- �.� -� ., soi� -Z�'o�.• f I �- 474 ,-.- -T r an's f_ I, Paxc�I - = -Add ti �nj__— _a iiv e ■ -`< I:;`� 1 <. ter, �/�\ � I� � _` , t -- L `" M .\Ij:[•Lc a-(.��'�� !�.� � l,, � � � Ti r- (�1�n / r, \i \ '.O J` .._' ,- -- a� /378 �ah`� if •\ rl! /I ��i//©j `Zp°Ji 1�� �� � / �,,f J \ �` � � i /� �� -i�.- �- ' _ ABRII �`; P3idEF.?Y � -c / r=Eseet!.' j AREA , ��.�✓i i�✓_,00I { tip,. /�'�.i��r���� '�� �/�s2-P►'r lsY�Y '��"�...� /�U� � Y �/ --`.� �'� ` \�\ \ \\ c; I � '/-\ �� r �ock,\LIMEKILN CANY01r IBROS Q ��---� '^ Interest) i WO Ro 51 - � ��,`te. � ��, ___ ��. Vila/ _Y/A\1✓-_\0 ...i\a���.�1� 1 �f:�ir.'C��` 00� � .`�\�.�•\\�� �� �:.`� �`.� 7p ;NS s otiK 2 t Rlvo. I s!% cna 6i s--.�� 1 w iertino ` / �_ Jose be - _ _ - -qs [cr7 1 • gs,rni.: !. Camplls` 1 �' 3 `u` , 3 `'�� .;� �� ,. Y `--���.� ��" •/ ai�:, a�� K .•D / 1 Nays .\20, artoga Ewsso■ xn •M I`. 0 1 22i�} � J lr '\ r � /�^�\\� „� •l_ r: ' Los Gatos EXHIBIT A — SITE MAP (USGS) r 'r ALM40EN \\ lC1L51lVER PROPOSED ADDITION TO k r .5 !E%lN010N RES. OVA04LVPE�`Gf 7" FaM1'i: - L2:g RES.WATER «n MANZANITA RIDGE �. WATER REC.AREA REC AREA - - OPEN SPACE PRESERVE 1 No Alma .\ _ Redwood •Atdercmri t r — +r Estates \ f Jr 2 North J; Twin Creek. 1„•.. — W.A. - f T� \. s, __ �. - � i �.. _ — _ � {71Yr.l.la irq,"t�-_ `� •��.!t.It`-'^--rrrynt�.��.yr\``"'cT'-`•• PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between P.M. and ASSOCIATES, a limited partnership, hereinafter called "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT" . 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and, DISTRICT agrees to purchase from SELLER, SELLER'S real property located within the incorporated Town of Los Gatos, County of Santa Clara,State of California, consisting of twenty one and three tenths acres (21A) , more or less, ("Parcel A") , being more particularly described in Preliminary Title Report No. 550215 dated March 1, 1982, from First American Title Insurance Company, Santa Clara County Division as Assessor's Parcel Nos. 537-15-603 and 014 less the retained area outlined in red and equal to two and four tenths acres (2 .4) more or less ("Parcel B") , said report and maps being designated as Exhibit "A" as attached hereto and incorporated herein by this reference. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price shall be Five Hundred Thirty Thousand and No/100 Dollars ($530,000.00) , payable in the following manner: a. Four Hundred Thirty Thousand and No/100 Dollars ($430,000.00) , payable in cash at such time as escrow may be closed and title conveyed to DISTRICT under the terms and conditions set forth herein. b. The remaining balance of said purchase price of One Hundred Thousand and No/100 ($100 ,000.00) Dollars shall be evidenced by a promissory note which shall stipulate that full payment of said remaining balance will be due and payable in full and in cash on or before January 7 , 1983. It is understood and agreed by the parties that said remaininq balance as represent- ed by the note shall not bear interest. Said note shall be se- cured by -a first Deed of Trust against Parcel A. 3. WAIVER OF STATUTORY COMPENSATION SELLER understands that it may be entitled to receive the fair market value of the Property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et seg. SELLER acknowledges that it is familiar with the applicable federal and California law. SELLER. hereby waives all existing and future rights it may have to receive the fair market value of the Property under any applicable federal or California law. 4. CONTRACT OF SALE Any or all monies payable under this contract up to and including the total amount of unpaid principal and interest on that certain Contract of Sale recorded on January 21, 1980 , in Book F 92 at Page 349, Santa Clara official records by and between Kennedy Trails, a limited partnership, as vendors, and P. M. and Associates, a limited partnership, as vendee, shall upon demand be made payable Pennington page two from the escrow holder to the vendor or assignee entitled; and said vendor or assignee shall furnish vendee and DISTRICT with a good and sufficient receipt showing monies credited against the indebtedness of said Contract of Sale, and deposit a grant deed into escrow for all of Vendor's right, title and interest in said property. 5. TITLE AND POSSESSION Title and possession of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judgments, easements, taxes, assess- ments, covenants, restrictions,. rights, and conditions of record except: a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Typewritten exceptions numbered 3 through 15 , and 18 listed in said Preliminary Title Report (Exhibit "A") . 6. COSTS SELLER shall pay all escrow, recording, and customary title insurance charges and fees incurred in this transaction. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 7. COMMISSIONS DISTRICT shall not have any obligation to pay any real estate agent's commission or other related costs or fees in connection with this transaction. 8. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the property. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss, damage or expense, including costs for legal services , occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et seq. of the California Government Codel . 9. RETAINED PROPERTY ("PARCEL B") DISTRICT offers to buy and SELLER shall have until January 7, 1983 to sell to DISTRICT the retained property outlined in red on Exhibit "A" and designated as Parcel B consisting of two and four tenths acres (2.4) more or less, as more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof. Pennington Page three (a) SELLER Exercises Option to Sell to DISTRICT In the event SELLER elects to sell Parcel B to DISTRICT prior to January 7, 1983, DISTRICT shall pay to SELLER the sum of Twenty Thousand and No/100 Dollars ($20,000.00) , the agreed total selling price of Parcel B, which shall be payable by increasing the face amount of the promissory note referred to in paragraph 2 (b) to One Hundred Twenty Thousand and No/100 Dollars ($120,000.00) payable accord- ing to the terms of said note. (b) SELLER Does Not Exercise Option to Sell to DISTRICT In the event SELLER elects not to sell to DISTRICT prior to January 7, 1983, SELLER shall pay to DISTRICT a total sum of Eighty Five Thousand and No/100 Dollars ($85,000.00) which shall' be evidenced by a promissory note from the SELLER to the DISTRICT. Said. note shall be -payable over a period of seven years at 12% interest per annum. Interest-only payments in the amount of Eight Hundred Fifty and No/100 Dollars ($850.00) per month shall be due and payable on the first of each month following the close of escrow on Parcel B with the principal balance payable in full on or before the termination of the seven year period. Said note shali__be secured by an assumabl e�,,,,f ir,_ . Deed of Trust on Parcel B, to be delivereec# to DISTRICT at�he close ohe escrow`handling Parcel`A:.a �.,.��.s. (c) Notice SELLER shall provide DISTRICT with written notice of their decision to either retain Parcel B or sell Parcel B to DISTRICT as described in paragraph 9 (a) and 9 (b) above. Said written notice shall be delivered to DISTRICT prior to January 7, 1983. 10. CLOSING COSTS ON SALE OF PARCEL B TO DISTRICT Should SELLER elect to sell Parcel B to DISTRICT, any closing costs including all escrow, recording and customary title insurance charges and fees shall. be paid by SELLER. SELLER shall further pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. dt 11 . _APPROVAL OF PARCEL B AS A LEGAL BUILDING SITE It is understood and agreed by the parties that DISTRICT snail work with the Town of Los Gatos and shall diligently pursue confirmation from the Town of Los Gatos that Parcel B is a legal building site until January 7, 1983 or until such time as SELLER notifies DISTRICT of its decision to sell or retain Parcel B. It is further understood and agreed that SELLER shall assist DISTRICT in obtaining said confirmation from the Town of Los Gatos, including conformance with the Town of Los Gatos subdivision requirements and that the parties shall, in good faith, pursue said confirmation in a timely fashion. Penn;.ngton "Page four In the event SELLER exercises its option to retain Parcel B, DISTRICT shall be relieved from any burden of obtaining legal building site confirmation from the Town of Los Gatos. 12. SURVEY The parties understand that a legal survey of Parcel B is being completed by DISTRICT. DISTRICT has made provision for such survey ark will pay the cost of same, provided that such costs do not exceed Two Thousand Five Hundred and No/100 Dollars ($2,500.00) , in which event the parties shall share equally (50/50) in the excess costs. 13. PROPERTY RIGHTS IN PARCEL B It is understood and agreed by the parties that retention by SELLER of Parcel B shall include any easements; rights of way, or rights of use which may be appurtenant or attributable to said Parcel B. 14. SUBORDINATION DISTRICT agrees that if and when SELLER elects to refinance Parcel B, DISTRICT will subordinate SELLER'S Deed of Trust to a construction loan with a reputable lender upon terms and conditions to be approv- ed by DISTRICT (which approval shall not unreasonably be withheld) . Said loan shall not exceed Two Hundred Thousand and No/100 Dollars ($200,000.00) , at an interest rate not to exceed nineteen (19) Per- . cent, for a period of time not to exceed two (2) years. DISTRICT further agrees that if and when the owner of Parcel B ("OWNER") elects to pay off said construction loan, DISTRICT will subordinate to a "take-out" loan. Any take-out loan to which DISTRICT agrees to subordinate shall not exceed- Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) or seventy percent (70a) (whichever is the lesser amount) of the appraised value of Parcel B and any improvements thereon. The value of Parcel B and improve- ments shall be determined by an MAI appraiser or reputable lending institution hired by DISTRICT at its option. Upon completion of . the appraisal services DISTRICT shall bill OWNER in the actual amount thereof and OWNER shall reimburse DISTRICT in the actual amount of said appraisal services. Said reimbursement from OWNER to DISTRICT shall occur within thirty (30) days of submittal of bill to OWNER by DISTRICT. _ It is further agreed that the take-out loan shall not exceed a rate of interest of sixteen percent (16%) for a period of time not to exceed thirty (30) years. 15. RIGHT OF DESIGN REVIEW DISTRICT shall have the right of Design Review and Approval as herein defined with respect to any and all improvements proposed to be constructed on the property described in Exhibit B. Design Review is intended. to provide a process for review and approval by the DISTRICT of development in environmentally sensitive areas in order to assure that development will be compatible with en- vironmental and ecological objectives of the DISTRICT, particularly with respect to adjacent DISTRICT lands. It is understood and agreed that any barn/stable improvements shall be limited to the Pennington Page five south side of Ve knoll located east of Me thirty foot right of way dividing Parcel B. It is further agreed that any construc- tion of the residential unit shall be limited to the west of the thirty foot right of way dividing Parcel B, as more particularly described on Exhibit "C", attached hereto and by this reference made a part hereof. (It is further agreed that the construction of residential units on Parcel B shall be limited to one unit. ) (a) With regard to construction of any improvements on the property described in Parcel B, an application for design review shall be made to DISTRICT. The application shall include the following: (1) A site plan showing the location of all proposed buildings, structures, planted or landscaped areas, paved areas, and other improvements, and indicating the pkoposed uses or activities on the site. (2) Drawings or sketches showing the elevations of all proposed buildings, sufficiently dimensioned to indicate the general scale, height, and bulk of such buildings. (b) Within 30 days from the filing of the applicationwith DISTRICT, DISTRICT shall review the site plan and drawings, based upon the following objectives with respect to siting of the improvements, structure height, color and orientation, and exterior lighting and landscaping . Sound principles of environmental design shall be observed to ensure that design, construction and operation will be implemented in a manner that will be orderly, harmonious and compatible with existing or potential uses of adjoining undeveloped lands. (c) All such buildings" , structures, planted or landscaped areas, paved areas and other improvements shall be constructed or installed in accordance with the plans as approved by the DISTRICT, provided that the DISTRICT'S approval shall not be withheld unreasonably. (d) Fencing: SELLER shall fence, no later than when improve- ment construction on Parcel B is commenced, at its sole cost and expense, (providing that such costs do not exceed Two Thousand Five Hundred' and No/100 Dollars ($2 ,500-001) . the boundary line between Parcel A and Parcel B. , The fencE shall be typical DISTRICT-type fencing in accord with plan< and specifications to be provided by DISTRICT_- DISTRICT re- serves the right to require that all or a portion of the r( quired fencing be erected after January 7, 1983 , but prior to improvement construction. 16. ACCEPTANCE AND TERMS OF ESCROW DISTRICT shall have until September 9, 1982, to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the aforesaid real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer the DISTRICT has paid and SELLER acknow- ledges receipt of the sum of Ten Dollars ($10.00) . Pennington Page six Upon the execution of this Agreement by DISTRICT, the transaction on Parcel A shall close as soon as praticable. Escrows shall be conducted by First American Title Insurance Company, 445 San Antonio Road, Suite 101, Los Altos, California 94022, or other such escrow holder as may be designated by DISTRICT. In no event shall escrow on Parcel A close later than September 17, 1982. In the event SELLER elects, subsequent to the close of escrow on Parcel A, to sell Parcel B to DISTRICT, then escrow shall close on Parcel B no later than thirty days (30) after January 7, 1983. 17. COSTS ASSOCIATED WITH RETENTION OF PARCEL B Any additional costs incurred by SELLER as a result of a decision to retain Parcel B, including recording or customary title insurance charges or fees shall be paid by SELLER. 18. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns or successors in interest of the parties hereto. 19. SURVIVAL OF PROVISIONS The provisions of this Agreement shall survive the recordation of any Grant Deed(s) .affecting Parcels A or B. MIDPENINSULA REGIONAL OPEN SPACE SELLER: P.M. AND ASSOCIATES, A LIMITEI DISTRICT PARTNERSHIP APPROVED AS TO FORM: Stanley Norton, District Counsel BY W William L. Penningto ACCEPTED FOR RECOMMENDATION: General Partner DATE L. Craig Britton, SR WA Land Acquisition Manager RECOMMENDED FOR APPROVAL: Herbert Grench, General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: Clerk of the Board of Directors DATE Fiact American Title Guaragy Company cq 13 CAWBELL ❑CU ERTt7/0 IaLOS ALTOS ❑•ALO ALTO ❑SAN JoSE =0 SOUT44 9ASCOM AVE 10370 SOUTH DEANZA 9L VD MS SAN ANTOWO RD.001 SW NAMBLTON AVE 97%%ORT-71NST ST CAM"ILL.CA 9SA09 CLIERTINO.CA 9W14 LOS ALTOS.CA"022 9ALO ALTO CA 94301 9Ah JOSS CA 9S112 y HM 377 2Y92 NO9t 252 70W 691919412320 141513 4050 NON 296435J 9X, ❑SA RATOGA Q SUNNYVALE ❑1BLOSSOM MILL-SAN DOSE CI WEST VALUY4AN JOSE Q ALM DEN-SAN DOSE 664609K.9ASMIRFAT MESUNNrVALESARATOG^RD "S BLOSSOM HILL ROAD •121BLACKFORD AVE.#t00 3315 Aluadm E.; S^AATOGA,CA Y070 SUNNYVALE.CA 94067 EAN JOSE.CA y123 EAk JOSE CA 93t 17 S&n J06*, CA 95119 M091 WOW 64M 2469661 N091 2276111 44M 249,9611 (409) 269-6070 PRELIMINARY REPORT issued for Sole Use of Your No. Our Order No. 550215 , Form of Policy Coverage Requested: in response to the above referenced application for a policy of title insurance,this Company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof.a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules. Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder of Commitment should be requested. Dated as of March 1, 1982 at 7:30 a.m. JOA\TIN. CARDINALE ESCROW OFFICER ED HINE TITLE OFFICER Title to said estate or interest at the date hereof is vested in: KENNEDY TRAILS, a limited partnership The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: SEE NEXT PAGE ATTACHED, EXHIBIT Pas, of T 550215 page 2 1. Taxes for the fiscal year 1982-83, a lien not yet due or payable. 2. Taxes for the fiscal year 1981-82, First Installment $61.28 paid, Second Installment $61.28 open, APN 537-15-3, Code Area 03-050. Taxes for the fiscal year 1981-82, First Installment $154.75 paid, Second Installment $154.75 open, APN 537-15-14, Code Area 03-050. 3. Rights of the Public over that portion of the premises lying within the lines of Kennedy Road. 4. The right to run a one inch iron pipe twelve inches below the surface of that portion of premises herein described, which lies in Section 23, Township 8 South, Range 1 West, as reserved in a Deed from John Killan and Mary Killan, his wife, to James Sullivan dated April 23, 1881 and recorded April 23, 1881 in Book 59 of Deeds, page 395. (Affects Parcel Two) 5. Water Rights as granted by James Mason and Mary L. Mason, his wife, to J.P. Knowlton by Deed dated March 20, 1894 and recorded March 28, 1894 in Book 170 of Deeds, page 33, viz: The right and privilege to connect a half inch iron pipe with their inch iron pipe about 100 feet above their water tank and to lay and maintain the same at least one foot underground from said point of connection over the lands of said parties of the first part and said Nichols to the above described land and to the water to flow therein under the natural pressure through a closed iron pipe from the fountain head to the place of discharge of said half inch pipe for domestic and irrigation purposes, said second party hereby agreeing and granting to said Nichols, her heirs and assigns, the privilege of connecting a quarter inch iron pipe with said half inch pipe at any point upon her land and of using the waters to flow therein for domestic and irrigation purposes. (Affects Parcel Two) 6. The right to attach a quarter inch pipe to the half inch pipe mentioned in Encumbrance No. 4 herein as granted by James Mason and Mary L. Mason, his wife, to Sarah A. Nichols by Deed dated March 20, 1894 and recorded April 25, 1894 in Book 169 of Deeds, page 302. (Affects Parcel Two) 7. Right of way for wagon road purposes over and along the line of Kennedy Road, as now or formerly used, 20 feet wide, as reserved in the Deed from Abbie M. Mahoney to F.E. Quinn, dated June 10, 1912 and recorded June 10, 1912 in Book 386 of Deeds, page 455. (Affects Parcel One) 8. Easement for road purposes over Kennedy Road, 40 feet wide, as granted by Geo. L. Ducoty, et al, to the County of Santa Clara, By deed recorded July 14, 1926 in Book 257 of Official Records, page 24 and by G. Davies et al, to the County of Santa Clara by deed recorded July 14, 1926 in Book 256 of Official Records, page 282. EXH !L—A Page of 5502,51 • page 3 9. Covenants, Conditions and Restrictions, but deleting restrictions, if any, based on race and color, religion or national origin, contained in the instrument recorded May 25, 1945 in Book 1264, page 122 of Official Records. The above instrument provides, among other things, that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. 10. Easement for the purposes stated herein and incidents thereto For: Ingress and egress from and to Kennedy Road Granted to: Tom B. Markley et ux Recorded: February 13, 1968 in Book 8024, page 5, Official Records The effect of a deed from Wilson Investment Company Inc. , a California corporation to Tom B. Markley et ux recorded September 23, 1968 in Book 8271, page 242 of Official Records, executed for the purpose of establishing of the location of the above easement, However a superior Deed of Trust recorded September 4, 1968 in Book 8251, page 695 conveyed said land by Trustee's Deed recorded February 29, 1972 in Book 9725, page 35 of Official Records foreclosing out the interest therein of Wilson Investment Company Inc. 11. Temporary water supply for domestic, garden, swimming pool and fire protection purposes as granted to Tom B. Markley et ux by Deed recorded February 13, 1968 in Book 8024, page 5, Official Records. 12. Water rights and road agreement contained in the Deed From: Erwin C. Nielsen; trustee To: Gail Goekler et ux Recorded: January 4, 1973 in Book 0182, page 367, Official Records 13. Land Conservation Agreement executed by and between the Town of Los Gatos (a) Kennedy Trails, a .limited partnership (b) February 27, 1975 in Book B298, page 19, Official Records 14. Notice of Merger For: Parcels One and Two herein merged for the purposes of the Subdivision Map Act into a single parcel Executed by: Town of Los Gatos Recorded: May 25, 1979 in Book E520, page 661, Official Records 15. Easement for the purposes stated herein and incidents thereto For: Ingress and egress, the installation of utilities, and public trail purposes Granted to: :Lidpeninsula Regional Open Space District Recorded: May 25, 1979 in Book E520, page 666, Official Records Affects: A Strip of land 60' wide minimum following an existing road and re-recorded August 23, 1979 in Book E744, page 570, Official Records 16. Memorandum of Option to Purchase the herein described property by Optionor: Kennedy Trails, a limited partnership Optionee: P.M. and Associates, a limited partnership Recorded: January 21, 1980 in Book F92, page 349, Official Records EXHIBIT Page�of 550251 page 4 17. Lien for delinquent Unsecured Personal Property Taxes of the Tax Collector of the County of Santa Clara, Certificate/Assessment No. : 99249 Against: Kennedy Trails — Gaines Floyd E Address: 19740 N. Oakmont Dr. , Los Gatos, California 95030 Year: 1980 Amount: $44.59 Recorded: November 14, 1980 in Book F731, page 532, Official Records 18. Any and all unrecorded leases which may be disclosed by an inspection of the premises. NOTE: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: None LEGAL DESCRIPTION: SEE EXHIBIT "A!' ATTACHED A Page ot 550215 EXHIBIT "A" Real property situated in the Town of Los Gatos, County of Santa Clara, described as follows: PARCEL ONE: Part of the Southeast quarter of Section 23, Township 8 South, Range 1 West, M. D. B. & M. , described as follows: BEGINNING at an iron pipe set at a point distant N. 2 deg. 39' W., 184.08 feet and S. 87 deg. 21' W. , 100 feet from the Southeast corner of the 15.43 acre tract conveyed to Cleve F. Shaffer, by Deed recorded in Book 1191 Official Records, page 7; thence from said point of beginning N. 2 deg. 29' W. , along a line parallel with and distant 100 feet at. right angles Westerly from the Easterly line of said 15.43 acre tract 497.41 feet to a point in the center line of Kennedy Road at Station 83+39.90 of the Survey of said Road, and from which an iron witness pipe set in the road fence bears S. 2 deg. 39' E., 27.07 feet; thence Westerly along said center line of said Kennedy Road, curving to the right on a curve of 200 feet radius (the center point of which curve bears N. 18 deg. 32' 20" W. , 200.00 feet) through an angle of 25 deg. 26' 20" for an arc distance of 88.80 feet to Station 82+51.10 of said road survey; thence tangent to said curve, N. 83 deg. 06' W. , 110.59 feet to Station 81+40.51 of said road survey; thence curving tangentially to the left on a curve of 400 feet radius through an angle of 16 deg. 54' for an arc distance of 117.98 feet to Station 80+22.53 of said road survey thence tangent to said curve S. 80 deg. 00' W. , 56.80 feet to the Westerly line of said 15.43 acre tract; thence S. 0 deg. 08' W. , along said Westerly line 603 feet to an iron pipe; thence 59 deg. 16' E., 204.82 feet to an iron pipe; and thence N. 87 deg. 211' E., 219.43 feet to the point of beginning. PARCEL TWO: All that portion of the East 1/2 of the West 1/2 of the Southeast 1/4 of Section 23, Township 8 South, Range 1 West, M. D. B. & M., which lies South of the center line of the Kennedy Road, an dedicated to the County of Santa Clara, by deed recorded July 14, 1926, Book 256 Official Records, page 282. Excepting therefrom that portion conveyed in the Deed to Tom B. Markley, et ux, recorded February 13, 1968, Book 8024 Official Records, page 5. Also Excepting therefrom that portion conveyed in the deed to Donald D. Herzog, et ux, recorded March 24, 1971, Book 9265 Official Records, page 353. EXHIBITJ, Page Zof -27 OFFICE OF COUNTY ASSESSOR, SANTA CLARA COUNTY, CALIFORNIA N [EC.I[T M too[ BOON PAGE N.I Jt•�,,,s,�..—, _,may 537 IS ESSOR ti K�N�-0Y,,w�t �� liiinl ow y,� 234Ac ZI I�p.�l itit 10 RAS.4///40 l 2 ee Ac ,'4/4,5,6 �?p PARCEL I a 19.06 AC. Q 'r �9,r n•y ,p i 1•- 200• A - 3 aw / �9p 4.35 AC.NFT P�,pN .19 43 eXC�• I 1 " b !IL r. iL /p 30t Ac l 8 �h T RS S2 I �40ItpRff. 14, n. 159 AC — Sot Ws `. Y fy 1142 At , 12.32 Ac ; ,G 14362 At. Q f 1 J W.B.C. 1 1,�i i EXCEPTION /4Q JOG 1 Q 24 o wac. g o O v rn w X PARCEL 2 , w IAMD Db FOR ANT TO TH[ INTEREST LITY MR IEON. 03 . 23 � �� ,� � �.� r 3 � �! �. � f s z .ice •�. _ :_ . '_ � ~ �` �`� - { a., Y _ _ ��.�}4 ����ttt': � :�,ti '�x it � .T � f _<. d `' l' _ �i s a• s rJ- �_•a �► � Z � '`'- � j: � � Y i �� • i � ! — fff � .. � _ . _ _ •bye'` � ,i_ � fI !�'� ~ � r"' s r i _ � .� �-_. � +` � r � _ „r .+ _ ,f� '� • � � 1. s` .� s + ? w I 1 ' I f'l if N 1D•/ 1�D�+' P— �' m �tA1 �- _ �o'ww I pr�L� 000014Hf PHE A0 A4fOC.,tURYC71H0301 //2 ° 1� / IN.11d• pj1` O uN x on ~ C"PUPLLTCALIf A NOW W yy ° 1 ► /1 /4104 �Soi{iDi.f P L A T w 7f• Si,e•'./ OF A PORTION OF LANOS OP, 1i.tu' mlDPErrIKSULA PEGIDtA<_ OPEN SPACE i. x fJ•H fo.f DISTRICT $ KeNNEDY TRAILS waif LDS 4ATr7 s,, CAur. E-30•OL 1 Z.607 ACRES GR�f, ' •y�. 0�.09A3 � KtFhcDY RD . a�• j/ 2.rJ 14 ' � NCr 11 lft l�tAM�� t0 LARD 1l�1 !� V / h•m � o / nXJR L W�In,\ J n ti pO Y7' r 4 •O N TV s1'sf"c �E�SLBI�Q_N / OF A POR T iOri Of I RCL VUNOS Of T-4 MWPCNiNSLILA RWiONAL Or'Cf(SPA"DIIM0 A PORTION Or miA ►port RTY LOCAT[OIN ICCnop(CSI i01. A.1 V..AoRjAf AHO LYIHI VItH-N M( TOWN Or lot OATO{ COVIni OrjANTA CLAPAI/1LTe Or CAyfORN,A1 ANO F,"THEY OtJc RIOCD AS POµ WE; w41'fi,f'G / '� QC4iHA1AV AT AN AH4LC MINT VC THE CQ NifftWl Of.l N4%QY A-0,AT TM a.f1l •���_ I� h0?THCATTCRLY ifvti-NUJi Or THAT C.TwI\C"N fL'flSl'�Q IL{•IJ fff r"A1 ,I.l1 b'o , C tll' HH(OY RV(y"♦4L7•(R)T!IV C SHOVN o'f T1AT Rtcako O►{uR IP MAP ►ILfn 14&CI—173 Or M-1 AT h'.f ff. 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TWNC� ri a Nli•SI'fii 11102 tf(T� r•l'KC HSI'IO.1T•r A.+O.Y7 f{ft;7WHt41 N1,'I('TO'V ' 7 ♦7\S A �f', 11•10 FEET;T.ENLf 41I*,S')o'4 IOO.fD f(if;irf-e K 7f'11'CO'V MAIL fW:r -19 hOrf,gjd J` 17.S7flC f,'7'Rf KCt N/1'1 7'17L if.1 PELF NIO'oO V 1O.n0 r4tr TD TMf Cr4il[u Vs ((YY _LOCgT 11 HR4 r 0r KNIHCOf RdID�TMACC S w0t, CV Ti./I frC r Tt/tIAC FQlWr 0//f OIMLWI cO•,1�•N•wlr.l.Ll7 1"�ppr'-'— ACHES fWGC OR LA11/OROCSI C.SI/ACRTL,l/IA[OR\f,ii•-(fr. l••wA wN.r�� I M-82-89 (Meeting 82-19 AA, September 8 , 1982) AW A&F MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 2 , 1982 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Addition to Manzanita Ridge Open Space Preserve (P.M. and Associates Property) The staff report on the proposed addition of the P .M. and Associates property to the Manzanita Ridge Open Space Preserve and the purchase agreement for said property will be trans- mitted separately. M-82-88 (Meeting 82-19 JL' AA September 8,, 1982) 401, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 1, 1982 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Opposition to Senate Bill 856 Regarding Logging Regulations In spite of substantial opposition , including that of the District (see attached bill, letter, and editorials) , SB 856 has passed the Legislature and is on its way to the Governor. I recommend that you adopt the attached Resolution and direct staff to send it to Governor Brown under a cover letter signed by the President of the Board. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT IN OPPOSITION TO SENATE BILL 856 AND REQUESTING VETO THEREOF WHEREAS, the Midpeninsula Regional Open Space District is a public agency concerned with the preservation of open space by both public and private means, and WHEREAS, logging in certain areas within the District, properly done, is one private means of accomplishing District goals , and WHEREAS, logging practices on private land can have a physical and visual impact on adjacent public lands where there is a substan- tial public investment and use , and WHEREAS, the Midpeninsula Regional Open Space District holds lands in Santa Clara, San Mateo, and Santa Cruz Counties where there is a high urban concentration of people adjacent to forested areas , and WHEREAS, these counties have special needs to insure the consistency of logging practices with the pressing requirements for housing, parks , and other land uses , and WHEREAS , only the local boards of supervisors and planning commissions are familiar enough with such local issues to make the necessary balanced decisions , and WHEREAS, the local control of forest practices has worked well , for example, in San Mateo County, to provide productive , responsible timber harvesting, and WHEREAS, Senate Bill 856 would effectively undercut (or CLEAR- CUT! ) the ability of counties to retain control of logging practices , NOW THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve to reaffirm its opposition to SB 856 and respectfully urges the Governor of the State of Cali- fornia to veto this bill. MAY 19€2 AMENDED IN ASSEMBLY APRIL 21, 1982 SB 856 —2— AMENDED IN ASSEMBLY MARCH 24, 1982 Tahoe Regional Planning Agency in accordance with AMENDED IN ASSEMBLY MARCH 10, 1982 specified provisions. AMENDED IN ASSEMBLY FEBRUARY 18, 1982 (3) Under that act, any person engaging in timber operations is required to file a timber harvesting plan with the SENATE BILL No. 856 Department of Forestry and obtain a license from the department. The State Board of Forestry is required to adopt forest practice rules and regulations. The act permits individual counties to adopt forest practice rules and regulations which are stricter than those provided under the Introduced by Senator Keene act and its regulations. (Principal coauthor: Assemblyman Rosenthal) t This bill would instead permit individual counties to-," (Coauthor: Assemblyman Bosco) t recommend that the board adopt additional rules and regulations to take account of local needs, and would require the board to adopt.rules and regulations consistent with the March 23, 1981 recommended rules and regulations if it finds they are consistent with the intent and purpose of the act and necessary to protect the needs and conditions of that county. The bill would otherwise prohibit the regulation of the An act to amend Section 51115 of the Government Code, conduct of timber operations by individual counties. The bill and to amend Sections 4516, 4582.6, and 4604 of, and to add would preNide fef the -d permit individual counties to Section 4516.5 to, the Public Resources Code,relating to forest enforce, until July 1, 1983, rules and regulations of iiduttl practices. eetinties governing the conduct of timber operations, excluding those requiring permits, fees, or bonds, which afe LEGISLATIVE. COUNSEL'S DIGEST were in existence on January 1, 1982. On and after July 1, 1983, °1 those rules and regulations would have no force or effect. WSB 856, as amended, Keene. Forest practices: timber County rules or regulations requiring permits, fees, or bonds erations: county and regional regulations, forestry board would have no force or effect on and after January 1, 1983. review, and inspections. Those provisions would not apply to timber operations on (1) Under existing law,parcels of land zoned as timberland any land area of less than 3 acres and which is not zoned preserve are required to be zoned so as to restrict their use timberland preserve. to growing and harvesting timber and to compatible uses. (4) Under that act, the department, upon receipt of a This bill would require the growing and harvesting of timber harvesting plan, is required to transmit copies to timber on those parcels to he regulated solely pursuant to specified public agencies. state statutes and regulations. This bill would require the department to invite, consider, (2) Under the Z'berg-Nejcdly Forest Practice Act of 1973, and respond in writing to comments received from public the California Tahoe Regional Planning Agency may adopt agencies to which the timber harvesting plan has been forest practice rules and regulations which are stricter than transmitted, and would require the department to consult those provided under the act and its regulations. with those agencies at their request. The bill would also This bill would permit the Tahoe Regional Planning permit the board of supervisors or planning commission of Agency to adopt such rules and regulations whenever state any county for which the State Board of Forestry has adopted funds are not expended for the support of the California 4 —3 — SB 856 SB 856 —4— 1 Whenever state funds are not expended for the support regulations as specified in (3) above to request a public 2 of the California Tahoe Regional Planning Agency, as hearing on any timber harvesting plan submitted for lands 3 provided in Section 67131 of the Government Code, the ', within the county and, upon that request, would require the 4 Tahoe Regional Planning Agency shall have the right to department to hold a hearing prior to taking any action on the 5 adopt rules and regulations pursuant to this section. plan. 6 SEC. 3. Section 4516.5 is : added to the Public (5) Under that act, the department is required to make 7 Resources Code, to read: 1 inspections of timber operations at specified times. 8 . 4516.5. (a) Individual counties may recommend that This bill would'require that those inspections be made at 9 the board adopt additional rules and regulations for the those times, as needed. 10 content of timber harvesting plans and the conduct of Vote: majority. Appropriation: no. Fiscal committee: yes. 11 timber operations to take account of local needs. For e-mandated local program: no. 12 purposes of this section, "timber operations" includes, 13 but is not limited to, soil erosion control, protection of The people of the State of California do enact as follows 14 stream character and water quality, water distribution 15 systems,flood control,stand density control,reforestation 1 SECTION 1. Section 51115 of the Government Code 16 methods, mass soil movements, location and grade of 2 is amended to read: 17 roads and skid trails, excavation and fill requirements, 3 51115. Parcels zoned as timberland preserve shall be 18 slash and debris disposal,haul routes and schedules,hours 4 zoned so as to restrict their use to growing and harvesting 19 and dates of logging, and performance bond 5 timber and to compatible uses and shall be entered as a 20 requirements. 6 timber preserve element of the county general plan. The 21 (b) The board shall, in conformance with Chapter 3.5 7 growing and harvesting of timber on those parcels shall 22 (commencing with Section 11340) of Part 1 of Division 3 8 be regulated solely pursuant to state statutes and 23 of Title 2 of the Government Code and within 180 days 9 regulations. 24 after receiving recommended rules and regulations from 4 10 SEC. 2. Section 4516 of the Public, Resources Code is 25 a county, adopt rules and regulations for the content of 11 amended to read: 26 timber harvesting plans and the conduct of timber 4516. Notwithstanding any provision of this chapter, 27 operations consistent with the recommended rules and 1. the California Tahoe Regional Planning Agency shall 28 regulations, subject to Section 4551.5, if the board finds, 14 have the right, _within the reasonable exercise of its 29 th recommended rules and regulations are both of the 15 powers,' to adopt rules and regulations by ordinance or 30,' following: 16 resolution which are stricter than those provided under 31 (1) Consistent with the intent and purposes of this, 17 this chapter' and regulations adopted pursuant to this 32 chapter. 18 chapter. The agency's rules and regulations may include, 33 (2) Necessary to protect needs and conditions of the 19 but are not limited to, matters relating to soil erosion 34 county recommending them. 20 control,protection of stream character and water duality, 35 (c) The rules and regulations,if adopted by the board, 21 flood control, stand density control, reforestation 36 shall apply only to the conduct of timber operations 1 22 methods, mass soil movernents, submission of timber 37 within the recommending county and shall be enforced . 23 harvesting plans, location and grade of roads and skid 38 and implemented by the department in the same 24 trails, excavation and fill requirements, slash and debris 39 manner as other rules and regulations adopted by the 25 disposal, haul routes and schedules, hours and dates of 40 board. 26 logging, and performance bond requirements. j 5 -- SB 856 SB $56 —6- 1 (d) Individual counties shall not otherwise regulate l:. agencies`to which the plan has been transmitted and shall � 2 the conduct of timber operations or require the issuance 2 consult with those agencies at their request. 3 of any permit or license for those operations. 3 (b) 'The On and after July 41 1983 the board of 4 {ej- Aity rtrle eegtxliex e€ em indk-idtA eel 4 supervisors or planning commission of any county for 5 gene g the eenduet of tiffiber eperatiens; exeludift g 5 which rules have been adopted pursuant to Section 4516.5 6 des atid regulatiens requir-ing ts; fees; er bends, It shad he 6 may request a public hearing on any timber harvesting 7 �`�''tenee * 7 `plan submitted 'far' lands within the county, and the 8 . i<nplefnen aedenfereed by the deperE r i* the ' 8 departrnent'shall hold a'hearing for the purpose ofpublic 9 safe foam as rek-9 ate regulatiens adopted by the 9 comment, if requested, prior to taking any action on the 10 heard txt4l 4; 40S3, and eft and after that dale shall ' 10 timber harvesting plan pursuant to Section 4582.7. The ill;Reid;aftd haveefy er 11 "requirements of this subdivision shall not be construed as 1 lations requiring permits,fees;eT-bends shall lie mill; '12 extending the time within which any action is required 13 veid; aid htwe me l'etee et e fie et eft amd after janaary 4; 13 to be taken pursuant,to Section 4582.7. 14 193: 14 SEC. 5. Section 4604 of the Public Resources Code is ` 15 e Notwithstandin this section or an other I � � g' 3' �15 amended to read: 16 provision of state law, any county which regulated the 16 4604. ' The' department' shall provide for an initial 17 growing or harvesting of timber or the conduct of timber 17 inspection of the area in which timber operations are to I 18 harvesting operations pursuant to an ordinance, rule, or 18 be conducted within 10 days from the date of filing of the 1 19 regulation in effect on January1, 1982,may continue fully I9 timber harvesting plan, or a longer period as may be 20 to enforce the ordinance, rule or regulation until July 1, 20 mutually agreed upon by the department and the person 21 , 1983. On and after that date, all such local ordinances, 21 submitting the plan,-except that the inspection need not , 22 . rules and regulations, unless adopted pursuant to this 22 be made if the department determines that it would not s 23 section, shall be null, void, and have no force or effect. 23 add substantive information deemed necessary to 24 (f) This section does not apply to timber operations on 24 enforce the provisions of this chapter. In any event, the 25 any land area of less than three acres and which is not 25 department shall provide for inspections, as needed, as coned timberland preserve. 26 follows: SEC. 4. Section 4582.6 of the Public Resources Code 27 (a) During the period of commencement of timber 28 is amended to read: 28 operations. 29 4582.6., (a) Upon receipt of the timber harvesting g 29, —s (b) When timber operations are well underway. 30 plan,the department shall place it,or a true copy thereof, ­O (c) Following completion of timber operations. 1 31 in a file available for public inspection in the county in 31 (d) 'At any other times as deemed necessary to enforce 32 which timber operations are proposed under the plan, 32 the provisions of this chapter, 33 and, for the purpose of interdisciplinary review, shall t 34 transmit a copy to the Department of Fish and Came, the 35 appropriate California regional water quality control 36 board, county planning agency, and, if the area is within ;, ; 37 its jurisdiction, the California Tahoe Regional Planning O 38 Agency or the Tahoe Regional Planning Agency, as the 39 case may be. The department shall invite, consider, and t 40 respond in writing to comments received from public ;. Identical letter sent to Assembly Ways & Means oe Committee members : Imbrecht Johnson Agnos Kapiloff �mwm Baker Lehman MIDPENINSULA REGIONAL OPEN SPACE DISI Berman Leonard April 6 , 1982 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 941 Bosco Levine (415) 965-4717 Chacon Lockyer Cramer Marguth Duffy McCarthy Assemblyman John Vasconcellos Frizzelle Robinson Assembly Ways and Means Committee Hart Waters State Capitol Ivers Wyman Sacramento, CA 95814 Dear Assemblyman Vasconcellos : Senate Bill 856 (Keene) , relating to forest practices, would undercut (or clearcut! ) the ability of counties to retain con- trol of logging practices. Although a county could recommend rules and regulations to the State Board of Forestry, the Board would have the final say, and logging practices would come under the full control of the State. Urban oriented counties in particular, like San Mateo and Santa Clara Counties, have special needs to regulate logging practices in order to 'make these Practices consistent with pressing re- quirements of housing, parks, and other land uses. Our District is an agency concerned with the preservation of open space by both public and private means. Logging- that is properly done is one private means of accomplishing our goals. However, we are very concerned about the treatment of private forested lands as it relates to nearby public land where the citizenry has a large investment and interest. Only the local boards of supervisors and county planning commissions are close enough to the situation and to the local public to make the necessary balanced decisions. The history of local control in San Mateo County has shown that logging can be accommodated and even encouraged efficiently and effectively by a county. We urge you to reject SB 856 as now written. Thank you for your consideration. Sincerely yours, Herbert Grench General Manager HG:ej cc: MROSD Board of Directors R. Beckus Assemblymen Sher, Naylor, Konnyu Senators O'Keefe, Garcia, Altruist Herbert A Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G Hanko.Richard S.Bishop,Edward G She:ley.Harry A Turner,Daniel G Wendin y $an 30151C lcricur P. ANTHONY RIDDER President and Publisher ROBERT D.INGLE ROB ELDER ROBERT J.COCHNAR JOHN K.BAKER JERRY CEPPOS Vice President Editor Deputy Executive Editor Managing Editor Associate Editor and Executive Editor DEAN BARTEE GENE FALK JOHN HAMMETT Vice President Director of Operations Vice President Sales&M.+rkcthic Employee/Community Relations Editorials Friday. August 27, 1982 6B Ax this tim—ber bill ALIFORNIA timber companies are no the Bay Area, where homes and industries country bumpkins when it comes to exist literally side-by-side with timber tracts. playing politics. When their interests Potential problems of traffic safety, noise, are on the line, the loggers can cut a swath environmental damage and visual blight are through the Legislature like a chainsaw going far more serious and more complicated here through a plate of fettucine. than in, for example, Sen. Keene's home coun- Current case in point: Sen. Barry Keene's ty of Mendocino. SB 856, which zoomed through both houses The loggers and their supporters argue that and is now awaiting Gov.Jerry Brown's signa- by refusing to allow any timber harvesting, ture. It's a flagrant example of spe- the counties are in effect confiscating proper- cial-interest legislation, it sets an unhealthy ty without compensation. They may have a precedent, and the governor should veto it. legitimate gripe; the counties may indeed Five Bay Area counties — Santa Clara, have abused their regulatory powers. But Santa Cruz, Monterey, San Mateo and Sonoma SB 856 is far too drastic a remedy. — currently require county permits for tim- The Keene bill would sacrifice the principle ber harvesting. Keene's bill takes away the of local control to protect the relatively small counties' power to regulate logging and turns financial stake of a few timber companies. it over to the state Division of Forestry, which "We're essentially losing the capacity to make historically has been sympathetic to the tim- our own decisions," as Santa Clara County ber companies and whose permit process is planning official Dick Hall puts it. "What's much looser than the counties'. next — strip mining?" Local regulation of logging makes sense in Governor, ax that bill. San Jose Mercury ■ Friday, August 27, 1982 5B jara County Deaths an se, homemaker. Memorial service at 7 p.m. today, Lima Family- ide service at 1:30 p.m. Monday at Golden Gate Jo a.m. Saturday at the Erickson Memorial Chapel, San Jose. National Cemetery. Darling-Fischer, Campbell Me- s Christ of Latter-day HOOGENSEN, Dale, 71, of Cupertino, carpenter. morial Chapel. San Jose. Graveside Private service. Lima Family, Sunnyvale Mortuary. MARLEY, Donald W., 65, of San Jose, electrician. urday at Los Gatos HUNT, Nancy M., 57, of Los Altos, secretary for the Service at 11 a.m. Monday, Chapel of Roses, Oak A -Erickson Abbey Cha- military. Memorial service at 11 a.m. Sunday at the Hill Funeral Home, San Jose. Los Altos United Methodist Church. Spangler Mor- MENACHO, John, 77, of Sunnyvale, self-employed > se, cosmetic Instructor. tuary, Los Altos Chapel, grocer. Service at 9 a.m. Saturday, Lima Family, A mils-Erickson Garden HYATT, Ldlie, 88, of Palo Alto, homemaker. Graves- Santa Clara Mortuary. s ide service at Grant Memorial Cemetery in Marion, MILNER, Carolyn R. 23, of Campbell, student. Ser- n Cupertino, saleswoman. Ind. Roller, Hapgood 8, Tinney, Palo Alto. vice at 10 a.m. today, Lima Family-Erickson S ly-Erickson Abbey Cha ITOM Memorial Chapel, San Jose. ; ITSU, KaMsfw Beth,3 months, daughter of Cliff � a lose, building contractor, and Patricia Itomitsu of San Jose. Service at noon PERRY, Fernando F., 7d, of San Jose, retired dairy Darling Fischer Garden Monday at Ivy Lawn Cemetery in Ventura. Willow worker. Service Monday in Los Banos. Willow Glen 'a Interment. Glen Funeral Chapel, San Jose. Funeral Chapel, San Jose. San Jose, self-employed JEFFRIES, Dawn S. 16, of San Jose, student. Service _e at 10 a.m. Saturday, at 1 p.m. Sunday, Lima,Family-Erickson Memorial SCHOLTEN, Wilpam J., 37, of San Jose. Graveside Mortuary. Chapel, San Jose. service at 11 a.m. today at Oak Hill Memorial wntain View, homemak- KLOCKE, Virgd, 58, of Sunnyvale, superintendent of Park. Lima Family Erickson Cathedral Chapel, San p Jose. vice at 2 p.m. today at Mission City Rebar. Service at 3 p.m. Saturday, ,1 Colma. Taylor, Glenver Wyant and Smith, Sunnyvale. YOUNG, Anna, 88, of Cupertino, homemaker. Service MACHEN, Elsie "Patly", 78, of Saratoga, equip- Monday in Sioux City, Iowa. Roller, Hapgood 8 of Gilroy, mechanic, ment-control supervisor, of natural causes. Graves- Tinney, Palo Alto. ti ..0 a-_e4 to VnLLCW --^� i'tM�s as .S,w ass,+ei ,. yet aemcxu n ANC66 I J Na I wa::c•na� , • t s w ie.r[o- �? Mpt,M/dN VIEW F,,AS7N+L'.'G[ ��i�' d prices swrA Cav�- cur`ofw) '' .rise. •lot •w I. •!CA���8._e.+mob rr indications that it is comic' +o an it will o out li a match and the Arma eddori anc end rather soon; any day, i t. g g I earth will turn nto a ball of this time, we ar . Stories 40eporting new evidence (assuming something else hasn will be lifted into of the Earth's eventual doom are it already). So there is no surpi..e while the rest o fe rarely found up front in the newspa- and no menace in the contempla- eternal hellfire an pers, nor in the bulletins of urgent tion of this catastrophe: Until the pres news on radio and TV; they are geddon..might ha ch more likely to he found farther OWADAYS, when possible, even to nd back, among other curiosities,or on then, with th )lie radio and TV specials that take us someone tells me e grof America actor of into the quaint world beyond every- the World is com- longer was conce' om day realities; such as puberty rites been in biblical ti among the headhunters of Ecuador ing to an end I armies of the wort Iso or the sex life of the Sicilian squid. 4don't scoff. I just together on one fi It is interesting that the world is ted coming to an end someday, but it's say, "Brother, don't I know the Earth's last blo the we,have the bom ins. no cause=for alarm. it." that it is indeed po re IN M-Berkeley, in September all be over within rs 1967. He and his sisters and his The is viiliy'T`h ve n(-ver been "ttt t3Tl;t[ cros t at parents sat around the dinette table 2os wh by the alarms of the Get chosen to get their nt. on Long Island discussing this. atrocitilan and other prophets of and line up for the ke mares, What troubled his folks was not remem the outlandish notion that their scarcer clean-cut son would join a "radical cans NV ill group" but the realization that implicit Q le their youngest would be so far ment's V `t' from home. The tough question for eign off the boy was: Should he sign up for r s i. No one dreamed that stances never are: , ct ROTC., Anc',uld come to detest that war not Saigon. Managu to k His mother thought he should. State rpect'the government poli- Havana is not Beijin "You'll go in as an officer," she 'tale t had sent and buried and said: "Why pass up that chance?" personaiding American men there. that is precis er His father was less certain. "Who of Vietr President Reagan 'y?• millions of Americans day's dominoes an knows what you'll want to do in The' ys ,,,, ' their minds about Viet- than the dominoes he four years, he asked. "Why volun- rememjot evident to everyone.. . And so the possibil •ag teer now?" minds No,one at the table questioned Some ofe are people now in their the honorability of military service. country, grew up with Vietnam No one thought that 1971 would Of � floating in their night- Once Am A find the United States still mired in not ex.who are too young to ,r there was a before:They wall a time when Ameri- believed In almost unanimous in an belief in their govern- tood-faith conduct of for- governme S. he youngsters who will go good faith y or Adelphi or Michigan. �,� Kt September_,haVe .no $&W ONlf AND yl eeollection of the trauma airre'IMF %pu Ki1*W-rqc nist..takeover is th 'ESPEC/.411V C-MCRNMENT AAS rthere are also those who threatening to the ER6 OF , Moreover, the list E PICKEDUP10% fI �r Vietnam but whose tries—Cambodia. pF-gtAAT Iµ t*ver changed about it. ghanistan T is long, ►T°S NOT --TAy5SI� {I►Qp Yre latter are running the even a decade ago. ST- A ALL THAT A04y pday' apparently do not ARTER.- 1.6 BEINCa SPENT Surse, circumstances. are Chinese in the P OU KIDS ON MUKE511 ,rtly the same. Circum- and all the Arabs ii y umWffP;�W9t11,mu isn c new- en the" -ul. ooAY�uMP �K�7 �J'bv 88lcLAW .SEE t0#09r = ���4 schoolchild can see that the troubl WKS RWAR = sun is burning up,and that someday Ready f�v�NT H,910 /S JWMr4?11 t a AGHiN�S !! _ -=— CRN'T WE Al g QtJEFR7ER.. A Nation ®f !O Vietn By Ilene Barth each d w„.,d,., and s ,n ties t ng New York kept s th he E WAS 17 and slated to Th become a freshman at the Chang University of California, J EditorilhSr `an ranttsra gronirir 31�i 1 6 RKhard T. Thieriot Editor and Publishor Comment 9e Ye"Ca Thieriot. lishw 19 1955.77 Gvorgo T. Cameron, Pubtishtrr 1945-55 Founded 166$by Chorus and M.M.de Tovng Urban rea LogginSI SOME BAD BILLS in the State Legislature The legislative assault upon local authority are quite like unwanted relatives. If they fail to to control logging operations began last year make it one year, you can bank on it. They will with the introduction of a bill by Senator John make it the next. Or threaten to. Garamendi, D-Stockton. That bill ran into a buzz-saw of opposition from Bay Area legisla- And such it is with a proposal to remove the tors in the Assembly Ways and Means Commit- authority of California counties to set regula- tee and Garamendi withdrew it. Proposed and tions for ,logging within their boundaries, an similar legislation appeared this year under the authority of particular importance to a number sponsorship of Senator Barry Keene, D-Elk, of counties within the extended San Francisco with the cosponsorship of Assemblymen Her- Bay Area. The - ssembly Energy and Natural schel Rosenthal, D-Los Angeles, and Douglas Resources Committee approved this mischiev- Bosco, D-Eureka. The legislative interest in ous legislation last week by 8-5 vote and it is curbing the counties' authority came after now on the Assembly floor. We strongly urge Santa Clara County, which had had no applica- that the full Assembly reject it. tion for a logging permit in half a century, This year that legislation is Senate Bill a received an application and denied it. A furious the 1982 version of Senate Bill 859 which is local squabble was resolved with the issuance fading somewhere in a Sacramento drawer of the permit. Under the amendments to state after it was withdrawn in the face of stubborn law now twice proposed, the counties would opposition last year. lose power to regulate local logging practices. The previous right to legislate would be The bill is an unwarranted, greedy and replaced by the power to advise the Board of extraordinary end-run which would undercut Forestry on local regulations but the board the authority of such counties as Marin. San would have discretionary power to accept or Mateo, Santa Cruz, Santa Clara and Monterey reject the advice. A decision which might have to adopt logging regulations locally. The profound consequences for an area would, counties have had this authority, and, we must thus, be reached far from it and beyond the add, responsibility, ever since the passage of ability of concerned citizens to influence it. the Z'berg-Nejedly Forest Practices Act of 1973. That legislation authorized counties and the Tahoe Regional Planning Agency to adopt THE PROPOSAL IS, by nature, regressive timber-cutting regulations—if they were more if not reactionary. It substitutes the judgment stringent than state regulations — for subse- of distant appointees for the judgment of quent enforcement by the State Board of locally-elected supervisors and locally-appoint- Forestry. The counties have not asked to have ed planning commissioners. It certainly runs this authority taken away from them. counter to the much-publicized national move- ment to restore local authority. The reason that the counties should have Local officials, it seems certain to us, are this power is fairly simple to us. Logging in far more apt to be sensitive to local geography counties of hieh nooulation or even of medium and to the sensibilities of the communities they population is a much different matter than serve than are the comparatively anonymous logging in the dirt-road boondocks of North Board of Forestry members sitting in Sacra- Coastal counties or mountain counties where mento. population is sparse or non-existent. in most areas where timber is cut. There is, it seems to Local boards of supervisors and local us, ample reason for more stringent controls planning commissions have shown ability because the environmental impact is greater, administer logging operations that are both in far more people are affected and inappropriate the interest of the industry and the public, we noise, traffic, and pollution problems might believe, and this system should be left undis- result. We have only to consider processions of turbed. large logging trucks on the lanes of Mill Valley. Atherton or Hillsborough to visualize a "worst case"example of problems which might result. And this alone seems ample reason for giving local officials the opportunity to consider problems far beyond those of the chain saw, the mill and the people dependent upon them. M-82-90 (Meeting 82-19 September 8 , 1982) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 2 , 1982 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Joint Meeting with Santa Clara County Parks and Recreation Commission Introduction: At your meeting of June 9 , 1982 you directed staff to schedule a joint meeting/workshop with Santa Clara County officials to discuss the status of the County parks fund and any other matters of mutual interest. Discussion: I met with Neil MacPherson, Interim Director of Parks and Recreation, and Charles Gale, Assistant Director, and discussed such a meeting. They subsequently discussed the idea with the County Parks and Recreation Commission and ' received a positive response. Tentative plans call for a site tour of the County Park and adjacent District Preserve, including Deer Hollow Farm, followed by a light dinner and then discussion time at the vacant house formerly occupied by Mrs. Frances Perham. A more specific agenda, incorporating your thoughts and the Commission ' s , would be prepared later. Recommendation: At this time I have not heard what dates are avail- able , but I recommend that you give the President the authority to schedule a Special Meeting convening at 5 : 30 P.M. in the Rancho San Antonio County Park parking lot , and invite the Santa Clara County Parks and Recreation Commission to meet jointly with you. I also suggest you invite members of the Board of Supervisors to attend and participate. Staff will check out the date with you individually before the meeting is set. '►i { ate MIDPr NI-,-SULA IcF. a TTAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. i DATED: 9/2/82 t� ,j �S MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 August 27, 1982 It has come to the attention of the Board of Directors of the Midpeninsula Regional Open Space District. that actions are being considered both on the part of the federal administration and Congress (H.R. 3962) which, if passed, will seriously weaken federal protection of San Francisco bay wetlands by the U.S. Army Corps of Engineers. We recognize that the Corps has had an impor- t-ant role in wetlands protection through its power to grant or deny permits for discharging materials or placing fill in diked baylands. One proposal under discussion is for the Bay Conservation Develop- ment Commission (BCDC) to assume the Corps' responsibilities for baylands within the District' s boundaries. Whereas this may be a solution for the bay oriented areas, it does not address the protection for other water areas within the District or State or states other than California where historic diked wetlands could be filled and developed without protection of an overseeing agency. According to our interpretation of administrative regulations (interim-finall published in the Federal Register (July 22, 1982) , the Corps Tray grant permits which will allow without public notice disposrit-1 of d-redge and. Fill materials into non-tidal rivers , streams and lakes, and adjacent wetlands above headwaters of navi- gable waterways. other non-tidal waters which are not part of the tributary system of navigable waterways will also be affected such as diked baylands, flyway wetlands, and isolated surface waters. 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 August 27, 1982 Page two The procedure for change in regulations should include a period for review, comment, and response to comments of draft regulations. This process has been subverted by the publication of substantial changes in the 1980 draft; and these substantial changes have been published as interim-final which requires only a 30 day public comment period with no response period. In light of the serious overall national effects of such weakening proposals, the District strongly supports the Army Corps' continued jurisdiction and protection under Section 404 of the Clean Water Act and also strongly protests any shortened review period. We support State legislation to expand the authority of BCDC with ade- quate public notification procedures, if all else fails. The District is registering its opposition to H.R. 3962 and admini- strative changes to Section 404 of the Clean Water Act as follows: 1. We oppose removal of U.S. restrictions over discharge of dredged or fill material into waterways and wetlands, including non-tidal rivers, streams, lakes, adjacent wetlands above the baylands, flyway wetlands, and isolated surface waters. 2. We oppose the elimination of Public Notice or any reduction in review and response times to substantial' changes in existing regulations. Sincerely, Katherine Duffy President Board of Directors KD:ej cc: MROSD Board of Directors sent to the following: Office of Chief of Engineers - Senator Alan Cranston DAEN-CWO-N, 20 Honorable George Bush Massachusetts Avenue, N.W. Vice President of the United States Washington, DC 20314 Executive Office Building John 0 Marsh, Jr. Washington, DC 20501 Secretary of the Army The Pentagon Joseph C. Houghteling, Chairman Washington, DC 20301 Bay Conservation & Develcpment Camdssicn 30 Van Ness Avenue Mr. C.E. Fullerton San Francisco, CA 94102 Calif. Dept. of Fish & Game Congressmen McCloskey, Lantos, �Iineta, & 1416 Ninth Street Edwards N Aar MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 2 , 1982 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Vacation Time I 've been trying to work in a little more vacation before the summer is over, and this week a terrific opportunity came up: a raft trip down the Colorado River through the Grand Canyon (and at at discount rate! ) . Things are in good shape at the office, and Craig will act for me in my absence. I will be gone September 7-17. C_ *ms 82-17 C ember 8,1982 Meeting82-19 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Des'ctiption 3547 $ 405.00 Alfred H.Truesdell and Debt Service-Rongey Property Karen Truesdell 3548 288. 00 Edward R. Bacon Transport of Rental Equipment- Monte Bello Development Project 3549 1-7 .00 C.P .R.S. District IV Local Meal Conference-J.Fiddes 3550 750. 00 CA Advocates .Inc. Legislative Consultant Fee-August 3551 114.11 Carolyn Caddes Black and White Photography 3552 10.00 Cappo Public Purchasing Officers- Monthly Newsletter 3553 55 .26 Clark 's Auto Parts , Inc. Shop and Vehicle Equipment 3554 300 .00 Susan Cretekos Patroling Windmill Pasture-August 3555 52 .48 H.S . Crocker Co . , Inc. Miscellaneous Office Supplies 3556 28. 76 The Dark Room Black and White Prints 3557 900. 00' Dodge-Shepherd Assoc. , Survey Work Surveying 3558 42 . 81 Foster Bros . Security Systems Keys and Locks 3559 14.90 The Frog Pond Local Meal- Conference-Agenda Meeting 3560 11.00 Graphicstat , Inc . Reductions-Windy Hill Open Space Preserve 3561 30. 39 Harbinger Communications Computer Services for Openspace 326.58 Mailing 3562 426 . The Hub Schneider' s Miscellaneous Field Equipment, Ranger Uniforms and Law Enforcement Equipment 3563 265 . 35 Hubbard & Johnson Miscellaneous Construction T'aLerial-Monte Bello Development Project 3564 18.00 Los Gatos Weekly Subscription 3565 252. 75 Mobil Oil Gas for District Vehicles 3566 107. 03 I .B.M. Corporation Typewriter Supplies 3567 25. 77 Image Technology, Inc. Mlylar-Windy Hill Open Space Preserve 3568 778. 00 Herbert Grench N.R.P.A. Congress-Air Fare 3569 45 . 88 Monte Vista Garden Center Field Supplies for Monte Bello Development Project Claims 82-17 Page 2 ptember 8 , 1982 Revised meeting 82-19 Amount Name Description 3570 $ 255. 95 Multiplex Slide Storage Cabinet 3571 176.' 45 Norney' s Miscellaneous Office Supplies 3572 95 . 40 Stanley R. Norton Telephone,Copying,Meal ConferenceE and Travel Expenses-July 3573 131 . 62 PG and E Utilities 3574 973. 63 Pacific Telephone Telephone Service 3575 22 . 26 Peninsula Blueprint Blue Lines 3576 1 , 325 . 78 Peninsula Oil Co. Gas for District Vehicle 3577 453. 15 Pete Ellis Dodge District Vehicle Repair 3578 375 . 00 Regents of the University Enrollment for 1982 Park and of CA Recreation Administrators Institute 3579 281. 38 Scotts Valley Sprinkler & Culvert for Fremont Older Open Pipe Supply Space Preserve Road Repair 3580 1 ,485. 00 E.R. Sheehan Monte Bello Development Project- Grading 3581 2 , 166 . 93 Shell Oil Co. Gas and Vehicle Repair for District Vehicles 3582 450 . 50 Signs of the Times Parking and Trail Signs-Monte Bello Development Project 3583 35 . 00 Scribner Graphic Press Type8etting-Windy Hill Brochure 3584 130. 60 William S . Tannenbaum Private Vehicle Expense 3585 17. 50 David Topley Reimbursement-District Vehicle Repair 3586 68. 34 Uno Graphics Windy Hill Brochure 3587 33. 80 Alice Watt Private Vehicle Expense 3588 230. 04 Xerox Xerox Supplies 3589 2 , 799 . 17 Noble Ford Tractor,Inc. Tractor Trailer and District Vehicle Repair 3590 400.00 Foss & AssociatesInc. Personnel Consulting Services- August 3591 270. 83 Betsy Bechtel 10th Anniversary Coordinator' s Fee-Atigust 3592 270. 83 Eleanor Huggins 10th Anniversary Coordinator' s Fee-August , 3593 100P000. 00 Western Title Insurance Co. Zabel Property Purchase 3594 430 ,000. 00 First American Title P.M. . Associates Property Insurance Co. Purchase 3595 109. 06 Petty Cash Rental for Publicity Photo ,Meal Conferences ,Resource Document, Postage ,Miscellaneous Office Supplies ,Xeroxing,and Private Vehicle Expense